^ ^ *^*!^. IMAGE EVALUATION TEST TARGET (MT-3) ^ >. V (/ -i^ .V \fit 1.0 1.1 |g2 S Its izo IL25 11 1.4 1.6 Photographic Sciences Corporation 23 WIST MAIN STRUT WnSTIR.N.Y. MSSO (716) •72-4503 ^^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notaa/Notm tachniquaa at bibliographiquas Tha Instituta haa anamptad to obtain tha baat original copy availabia for filming, i^aturaa of thia copy which may ba bibiiographicaihr uniqua. which may altar any of tha imagaa in tha raproduction, or which may aignificantiy changa tha uaual mathod of filming, ara chackad balow. □ Colourad covara/ Couvartura da coulaur I — I Covara damagad/ D D D D D D Couvartura andommagia Covara raatorad and/or laminatad/ Couvartura raataurte at/ou palliculAa nCovar titia miaaing/ La □ titra da couvartura manqua Colourad mapa/ Cartaa gtegraphiquaa wi coulaur Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) Colourad plataa and/or illuatrationa/ Planchaa at/ou illuatrationa wx coulaur Bound with othar matarial/ RaliA avac d'autraa documanta Tight binding may cauaa ahadowa or diatortion along intarior margin/ La re liura aarria paut cauaar da I'ombra ou da la diatoraion la long da la marga IntAriaura Blank laavaa addad during rastoration may appaar within tha taxt. Whanavar poaaibia, thaaa hava baan omittad from filming/ II aa paut qua cartainaa pagaa bianchaa ajoutiaa lora d'una raatauration apparaiaaant dana la taxta. mala, loraqua cala itait poaaibla. caa pagaa n'ont paa «ti filmAaa. Additional commanta:/ Commantairaa tupplAmantairaa: L'Inatitut a microfiimi la maillaur axamplaira qu'il lui a itA poaaibla da aa procurer. Laa dAtaila da cat axamplaira qui tont paut-Atra uniquaa du point da vua bibliographiqua. qui pauvant modif iar una imaga raproduita. ou qui pauvant axigar una modification dana la mAthoda normala da filmaga aont indiquAa ci-daaaoua. n~| Colourad pagaa/ D Pagaa da coulaur Pagaa damagad/ Pagaa andommagiaa □ Pagaa raatorad and/or laminatad/ Pagaa raatauriaa at/ou pallicui^as Pagaa diacoiourad, stainad or foxad/ Pagaa dicoloriaa. tachat^aa ou piqutea □ Pagaa datachad/ Pagaa dAtachtes Showthroughy Tranaparanca Quality of prir Qualiti inigala da I'impraaaion Includaa aupplamantary matarii Comprand du matirial auppl4mantaira Only adition availabia/ Sauia Mition diaponibia rrZi Showthrough/ I I Quality of print variaa/ pn Includaa aupplamantary material/ r~~| Only adition available/ Pagaa wholly or partially obscured by errata slipa. tiaauaa, etc., have been refilmed to ensure the beat possible image/ Lea pagaa totaiement ou partieliement obscurcies par un fauillet d'arrata. una palure, etc., ont M filmies i nouveau da fapon A obtanir la meilleure image poaaibla. Thia item is filmed at the reduction ratio checked below/ Ce document eat film* au taux da riduction indiqui ci-daaaoua. 10X 14X 18X 22X 2SX 30X 7 12X ItX 20X 24X 28X 32X ■^ Th« copy filmad hart has bMn r«produe«d thanks to tha ganarosity of: Stminwry of QusImc Library Tha imagas appaaring hara ara tha bast quality posslbia consldaring tha condition and laglblllty of tha original copy and in kaaping with tha filming contract spacificatlons. L'axamplaira fiimt fut raproduit griea i la ginirositi da: S4mirairt d* QuMmc Bibliotlitque Laa Imagas sulvantas ont 4t« raproduitas svac ia plua grand soln, compta tanu da la condition at da la nattat* da l'axamplaira film*, at an conformiti avac las conditions du contrat da fiimaga. Original copias in printad papar covars ara filmad baginning with tha front eovar and anding on tha last paga with a printad or llluatratad Impras- sion, or tha iMck covar whan appropriata. All othar original copias ara filmad baginning on tha first paga with a printad or llluatratad Impraa- sion, and anding on tlia laat paga with a printad or llluatratad imprasslon. Tha last racordad frama on aach microflcha shall contain tha symbol — ^ (moaning "CON- TINUED"), or tha symbol ▼ (moaning "END"), whichavar appliaa. Las axampiairaa originaux dont ia couvartura mn paplar ast imprimis sont fiimto an commanpant par la pramiar plat at an tarminant soit par ia darnlAra paga qui comporta una amprainta d'Impraasion ou d'illustration, soit par la sacond plat, aalon la cas. Toua las autraa axampiairaa criginaux sont fiimte an commandant par ia pramlAra paga qui comporta una amprainta d'Impraasion ou d'illustration at an tarminant par la darniira paga qui comporta una taiia amprainta. Un daa symbolas suivants apparaltra sur ia darnlAra Imaga da chaqua microflcha, salon ia cas: la symbola -^ signlfis "A SUIVRE", ia symbols y signlfis "FIN". Maps, P4«( -^, o*'«rts. ats.. may ba filmad at diffaran^ . Juct'.on ratios. Thosa too iarga to ba antiraly includad in 9n9 axposura ara filmad baginning in tha uppar iaft hand comar, laft to right and top to bottom, aa many framas aa raquirad. Tha following diagrama illustrata tlia mathod: Las cartas, planchas, tabiaaux, ate, pauvant Atra filmto i das taux da rMuction diffAranta. Loraqua la document aat trop grand pour Atra raproduit an un saul cliehA, il ast fiimA A partir da i'angia supAriaur gaucha. da gaucha A droita. at da haut an baa. an pranant ia nombra d'imagaa nAcaaaaira. I.as diagrammas suSvanta iilustrant la mAthoda. 1 2 3 1 2 3 4 S 6 1 7j^T!t?E^^3»^?7^l!^ m,mmm ^'■.^,;^'*J.k\^.- iJ,*iC ■■'..-■■ ■'■■. .. y>.-:^:- ' --.Srf..; T'' ^' 11*> Appendix (B.) TO REPORT ON THE AFFAIRS Of BRITISH NORTH AMERICA, FROM THE EARL OF DURHAM, HER MAJESTY'S HIGH COMMISSIONER, &c. &c. &c. (PRESENTED BY HER MAJESTY S COMMAND J. Vrdend, by The House of Coiuuioua, to be Printtd, 5 March 1839. 3— in. "■■p 1^ I ip Contents of Appendix (B.) [ CommiMioti by th; Earl of Durhiun, appointing Charles Buller, Esq., to proceed with tbo utmost dispatch to inquire into the past and present methods of disposing of Waste Lands, Woods, Foresu and other Domains and Hereditamenes the Property of the Crown in Lower Canada, &c. P- [3l Circular Despatches from the Governor-general to the respective Lieutenant-governors of Her Majest/s Colonies iu North America - P- [4] Iteport to bit Excellency the Governor-general - - - - - - .p.1 Minutes of Evidence ..-.--.----p. 41 ifi^VH [ 3 ] — No-1.— COMMISSION. Province of 1 Lower Canada./ DURHAM. VICTORIA by the Gracb or God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To Charles Buller, Greeting:— Whereas it is highly expedient and desirable that the disposal of the extensive tracts of waste land, the property ofthe Crown, in Our Provinces of Lower Canada, Upper Canada, Nova Scotia, and New Brunswick, and our islands of Prince Edward and Newfound- land, should be placed upon such a footing as may most effectually conduce to the in- crease of population and wealth in the said provinces and islands, and the general pros- perity thereof, and in particular to greatly increased emigration from the mother country, Doth of capitalists and labourers, as permanent settlera ; to the end that, while the vast but imperfectly developed resources of the said provinces and islands should as soon as possible be made fully productive, a more intimate connexion between Britain and her colonial empire in North America, founded on common interests and productive of mutual advantages, may be established and permanently secured. And whereas We have ordered and directed each of Our Lieutenant-governors of Our Provinces of Upper Canada, Nova Scotia, and New Brunswick, and our islands of Prince Edward and Newfoundland respectively, to affix the Great Seal of the province or island of which each is respectively Lieutenant-governor, to a commission addressed by Us to you, to the like effect and containing the like powers and authorities, for inquiry, touching the waste lands, the property of the Crown, in eacn such pro- vince or island respectively, as are hereinafter contained : Know ye, therefore, that We, reposing great trust in your zeal, ability, and discretion, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint you the said Charles Buller, to pro- ceed with the utmost despatch to inquire into the past and present methods of disposing of waste lands, woods, forests and other domains and hereditaments, the property of the Crown, in our Province of Lower Canada, and to collect information respecting the operation thereof in regard to the advancement of our said Province, and in particular to the promo- tion of emigration thereto from the mother country. And Our further will and pleasure is that y'ou, after due examination of the premises, Jo and shall, as soon as conveniently may be, report to us under your hand and seal, what you shall find touching or concerning the pre- mises upon such inquiry as aforesaid, and also that you shall suggest such alterations or modifications of the laws and regulations at present in force, as may Appear likely to pro- mote the objects aforesaid. And for the better discovery of the truth in the premises, We do by these presents give and grant to you full power and authority to call before you such and so many of the officers of the Crown Lands Department and agents for emigrants, in our said Province of Lower Canada, and such other officers ofthe Crown, and other persons, as you shall judge necessary, by whom you may be the better informed of the truth in the pre- mises, and to inquire of the premises and every part thereof, by all other lawful ways and means whatsoever. And We do also give and grant to you full power and authority to cause all and singular tbe officers aforesaid, in our said Province of Lower Canada, or any other person or persons having in their custody any records, orders, regulations, books, papers or other writings relating to or in any wise connected with the premises, to bring and produce the same before you. And for your ussistance in the due execution of this our Commission, We do hereby authorize you to nominate and appoint such person or persons as you shall think fit to be assistant commissioner, or assistant commissioners, for the purposes aforesaid, or anv of them, and to delegate to him or them such and •o many of the powers hereinbefore vested in you as may seem expedient. And Our will is, and We do hereby direct and ordain, that the person or persons so nominated by you shall possess and exercise any powers and authorities so as aforesaid delegated to him or them, in as full and ample a manner as the same are possessed and may be exercised by you under the authority of these presents. And We do hereby further authorize and empower you, at your discretion, to appoint such person as secretary to this Our commission, as to you shall seem proper, and to frame such temporary rules, orders, and regulations with regard to the manner of disposing of such Crown lands in Our said Province of Lower Canada, as may to you appear expedient, and from time to time, at such like discretion, to alter and vary the same, due regard being had in all such rules, orders, and regulations, to any Provincial Act or Acts, and to any Royal instructions now in force in Our said Province of Lower Canada, touchini^ or concerning the disposal of the said waste lands or any part thereof. And We do hereby further authorize ond empower you to give instructions to the several officers of the Crown lands department and agents for emigrants in Our said Province, as to tlie per formance ofthe duties of their respective offices, subject, nevertheless, to all such Provincial Acts or Royal instructions as aforesaid ; which instructions shall be in all respects binding upon the officer or officera to whom the ume shall be respectively addreued. 3.-111. AS in m m m ;r;| ^^ Tfn wwr "W '^mt^ I I I n •■i: [ 4 ] In testimony whereof We have caused these our letterH to be made patent and the Great Seal of our snid Frovince of Lower Canada to be affixed tliereto. Witness our right trusty and ri^ht well beloved John George Earl of Durham, Viscount Lambton, &c. 8ic. Knight Grand Cross of the Most Honourable Military Or^er of the Bath, one of our Most Honourable Privy Council, and Governor-general, Vicc-Adrairal and Captain General of all our I'rovinces within and adjacent to the Continent of North America, 8ic. &c. &c. &c. At our Castle of St Lewis, in Our City of Quebec, in Our said Province of Lower Canada, the i8th day of June, in the year of our Loril 1838. and in the first year of Our Reign. (signed) £>. Daly, Secretary. — N0.2.— Circular DESPATCHES from his Excellency the Governor-General to the respective Lieutenant-Governors of Her Majesty's Colonies in North America, Sir, Castle of St. Lewis, Quebec, 18 June 1838. In the exercise of the powers vested in me as Governor-General of Her Majesty's colonies in North America, and with a view to the permanent establishment of an improved system in he disposal of waste lands, the property of the Crown in those colonies, and the promotion of emigration thereto upon the most extensive scale that circumstances will admit, I have prepared a Commission, directing an immediate inquiry into the subject, for each of the provinces and islands comprised in my general government : and also authorizinK the commissioner therein named to issue temporary rules and regulations for the disposal of Crown lands in each colony, and to give instructions to the officers of the Crown lands department as to the performance of their duties. I enclose the commission as prepared for the province of Upper Canada, and have to direct that you will cause the Great Seal of that province to be immediately affixed thereto, and that the commission, together with a copy of this despatch, may be published in the usual manner. As one of the incidental, though not least desirable results of an improved system in the disposal of lands, the property ot the Crown, may, I hope, be a very considerable increase in the value of aU lands which have become private property ; and as the expectation of such a result might lead to applications for grants of land upon the terms now in force to such an extent as should defeat, or at least seriously impede, the must beneficial operation of the improved system, and especially the vi^ry desirable result above mentioned, I have also to instruct you, that until further directions from me, you will, so far as it may be in your dis- cretion under any Provincial Act, or Royal instructions, or otherwise, abstain frc.n alienitting any waste lands the property of the Crown. You may rely on receivinf^ those further direc- tions in so short a time as to prevent any inconvenience from the present suspension of your discretionary powers in this respect. I have, &c. His Excellency, Sic. &c. (signed) Durham. Sir, Castle of St. Lewis, Quebec, 30 June 1838. Refbrbing to my despatch of the 18th instant, on the subject of Crown lands and emi- gration, I have now to explain to you more fully the views with which I thought it indis- pensable to require your co-operation in the measures which I propose to adopt for the purpose of improvement and emigration in Her Majesty's North American colonies. In the first place, I am desirous to draw your attention to an extract, which is enclosed, from a despatch which I have addressed to Her Majesty's Principal Secretary of State for the Colonies on this subject ; whereby you will perceive the great importance which I attach to an inquiry for all the colonies, with a view to the adoption of a permanent and uniform system. But it IB chiefly because I fear, that without some such precaution the announcement of this inquiry might lead to a sudden and most mischievous alienation of public property, that I have requested you, so far as your discretionary powers would admit, to preserve the public property for the most effectual attainment of a great public purpose. The only serious obstacle, as it appears to me, with which Government would have to contend, in seeking to render the Crown lands productive of a great revenue, is the very large propor tion of granted lands which remain in a wild state ; and this obstacle, whatever may be its prest'iit force, would of course be increased if much more Crown land were alienated, with- out provisions for its cultivation far more eflectual than any that have hitherto been tried. On this account only, I should be glad if it were possible to put a stop to all further grants for the present. But as this is not possible, inasmuch as laws or regulations to the contrary are in full force, I nrjstbe content with interponing, for the present, all such obstacles to the further alienation of Crown property, as may depend on tlie discretionary powers of the different foveriiments under sucli laws and regulations. In pursuance of this view of the subject, have to desire that, in the exercise of such discretionary powers, you will, as far as possible, rather im|iede than facilitate the alienation of Crown property, and more especialljr any alienation except for the very highest price and most ready payment that it may be lawful for you to require. I have, &c. His Excellency, &c, &c. &c. (signed) Durham. Ly") [ 1 ] British North America. Appendix (B.) public lands and emigration. REPORT to his Excellency the Oovernos-General. My Lord, HAVING completed the inquiry directed by the five several Commissions addressed to me by your Excellency, in respect of the Colonies of Lower Canada, Upper Canada, Nova Scotia, New Brunswick, and tre Island of Prince Edward, as to the manner in which waste lands, the property of the Crown, have been disposed of within the same, i have the honour to lay before your Excellency the evidence which has been taken upon the subject of that inquiry, and in conformity with those Commissions, to suggest the improvements which seem to me desirable. Hie inauiry directed by your Excellency differed in one very essential particular from those that have Deen previously made under the authority or for the information of the Government. All former inquiries appear to have been confinea to the actual condition of the land yet remaining at ttie disposal of the Crown, without any reference to the character or the results of former proceedings in relation to the land which had been already disposed of. By this limitation of the subject of inquiry, however, the practical utility of the investigation was reduced to a very smtill amount ; and any conclusions to be drawn from the £iicis ascertained were liable to serious modifications, from circumstances which had been entirely overlooked. A very brief examination indeed was suflicient to convince me that any information I might obtain, with respect solely to the remaining property of the Crown in the wild lands of these Provinces, must be necessarily incomplete and fallacious. I not merely found that the amount of this property was, in most colonies, altogether insignificant in comparison with the wild lands which had become private property ; but I also discovered that the value of the public lands still undisposed ot was entirely dependent upon the state of the appropriated lands of the colonies. It would have been useless to ascertain merely how many thousands or millions of acres of fertile land yet remain at the disposal of the Crown in these Provinces, when the success of any attempt to turn them to account must be contingent upon the pro- ceedings adopted by the proprietors of that land over which the Crown has no control. The neglect of this consideration has led to great practical errors in the measures hitherto adopted to promote emigration and the acquisition and settlement of public lands. By withdrawing attention from every part of the colonies, except that which belonged to the Crown, it has led the Government to act as though this were the whole, or as though the situation and condition of the remainder might be safely disregarded. Acting under this impression, the Government has induced many persons to emigrate to these colonies by the offer of land upon which to settle, although the land thus promised was absolutely worthless for all purposes of cultivation, on account of the vast tracts of waste granted land that were interposed between the new grant and the settled districts of the colony. Of the persons to whom land has been thus onered, many have wasted their property in attempting to settle upon their grants ; and the remainder have allowed their land to remain in a wild state, because they felt that no endeavours to reclaim it from the wilderness could be successful. These evils might probably have been avoided, if, at the time when Government instituted the inquiries previously referred to, it had directed its attention to the waste granted as well as to the waste ungraiited lands in the Province. In Older that similar errors may be avoided for the future, an inquiry into the nature and operation of previous methods of disposing of public lands must precede any suggestions as to the method to be pursued with regard to that which still remains undisposed of. This course was also rendered expedient by another consideration. Looking upon these Provinces as fields for British colonization, it became obvious that their value, in this respect, deper.Jco less upon the measures which might be adopted for the future disposal of the puDtic lands, than upon those which were employed to remedy the evils of former practices. In Uppr Canada, for instance, to which by far the greater portion of emigration has of late years been directed, and which has been selected as the scene of more than one experiment in colonization by former administrations, very little more thon a seventeenth part of the surveyed land remains at the disposal of the Crown. The remaining sixteen parts have been louK since granted or appropriated ; but of this granted land very little more than a tenth, in the whole, is occupiecl by settlers. This colony, having reference to the circumstances of soil, climate, and geographical position, is prabablv the most valuable portion of all the colonial possessions of the British empire upon the North American continent. In addition 3.-111. n to Appendix (B.) :| T mm mm ■■**-*'(,-i»;> APPENDIX TO REPORT ON THE AFFAIRS OF ; >'r Appendix (R.) to a soil better adapted for the raising of grain than almost any other portion of that con- — • tinent, it is to placed as to form the natural channel through which nearly all '.he trade of the rapidly-increasing States of the west would pass. Dy an outlay quite inconsiderable in comparison with the results to be obtained, a practicable water communication might be estaolished from Lake Huron, which would shorten, by more than 300 miles, the distance from that lake to the ocean. The natural facilities of communication too, by means of the lakes by which the Province is bounded on its southern and western frontier, and the River Ottawa, which forms its uoith-eantern bounuary, are probabiy superior to ^hoae possessed by any tract of country of similar extent in N'ortli America. Were it adequately settled, it could scarcely fail to be one of the most thriving countries in the new world. At present, with the greater part of its soil unoccupied, and with a population widely scattered over its surface, it is certainly one of the least thriving; and tliis in spite of au emigration unprecedented for the number and wealth of the emigrants. And all of its great natural advantages are altogether unavailing for public or national objects. The Government of the United Kingdom, by the profuse grants which it has made or sanctioned, has closed against its own subjects by far the larger poition of this most valuable colony. But, uiilesi* this Province is to be practically abandoned, and all the benefits that might be derived from its possession, as a home for the destitute population of the empire, and a market for the products of British industry, are to be relinquished, the attention of Government must be directed rather to the land ')f which it hag disposed than to that '.vhich remains at its dispo- sal ; and it will be necessary to adopt iiieuns to turn the former to account, before framing plans for the wiser and more profitable management of the latter. The case of Upper Canada is the case of all the Provinces. In some the proportion of land remaining at the disposal of the Government is greater, and in others less, than in that colony : but in every Province that which remains is valueless, so long as that which has been granted is allowed to remain unimproved. In every Province the disposal of the public land, which in new countries is the most important of all the functions of Government, must be suspended for a |>eriod of indefinite duration ; or, concurrently with the measures proposed for the purpose, means must be taken to remove the obstacles to progress, occasioned by tlie manner in which that function has been hitherto exercised. The inquiries directed by your Excellency form the appropriate and necessary foundation for any proceedings intended to accomplish this object. Before I proceed to detail, for your Excellency's information, the results of the investiga- ^tions which I instituted, and the remedial measures which this investigation has suggested. It is expedient that I should advert to one topic, of very considerable importance, cotmected with the subject. The measures which I shall have to propose are of a character to demand the exercise of the powers of the Imperial Legislature ; out they are, at the same time, such as that Legislature may perhaps shnnk from adopting. It may be deemed that they involve too great an interference with the property of individuals, and with the rights of the pro- vincial legislatures, to render their adoption safe or just ; and it may be argued that the subject is one which appertains of right to the colonies, and upon which they alone ought to legislate. I shall herenfler, when describing the nature of those measures, and the grounds upon which they rest, advert to the particular reasons which induce me to imagine thot they cannot lie advantageously or efl'ectually carried out by any other than the supreme and central authority of the empire ; but, independently of those reasons, the present appears to me to be a case in which it is the plain duty of the Imperial Legislature to interfere. It is not merely that the evils in all the colonies are similar in their nature and their origin, and requiring the same remedy ; nor that it is for the interests of each of tliese colonies that in all an uniform system should bo adopted, so that the results of one system in one colony may not be counteracted by the operation of another system in one or more of the neighbouring colonies ; nor that the nature u< the only adequate remedy is such as to require a centrafcontrol, and some ctHcient guarantee for its permanency; and that therefore upon all these grounds the interests of the colonies require that the supreme and central authority of the empire should interpose ; — but higher interests than those of the colonies, the interests of the empire of which they form a part, demand that Parliament should establish at once, and permanently, a well-considered and uniform system. The waste lands of the colonies are the property, not merely of the colony, but of the empire, and ought to be admi- nistered for imperial, not merely for colonial, ])urpo8cs. And in whatever measures may bo adopted to promote emigration, or facilitate settlement, the interests of the empire are involved, and should be consulted as much as those of the colonics. It is true that hitherto, while in name the property of the Crown, and under the control of an English minister, these lands have been in efl'ect administered by colonial authorities for purely colonial purposes. It was in*««Rn-»li(»ili!«»^«SSi BRITISH NORTH AMERICA. Appendix (B.) Lower Canada. tration of one Governor, Sir R. S. Milne, and under ihe aame six membera of the Executive Council who conatituted the land board, l,4as,UO0 acrea were eranted to about 60 indivi- duala. ihe profusion of this land-granting board was rewarded by the Duke of Portland bv grants of nearly 130,000 acres of land, rather less than 48,000 acres being granted to the Governor, and rather less than 12,000 acrea to each of the executive councillors of which it was comiiosed. Even during the period, however, within which iiiesc grants were made, the grantees began to discover that the very great facility with tvhich Innd could be acquired, rendered its pos- session well nigh valueless. To settle their grants was impossible without a large immeaiate outlay, for the purpose of affording to the settlers the means of communicating with each other, and with a market. This work, however, could be undertaken by no one individual with effect, unless the other grantees across whose lands the road must pass joined in the work ; and even had this been done, the practice of making Crown and clergy reserves, aud thus withholding from settlement two-sevenths of every township, imposed upon the proprietor of the remaining land so much additional expense for which he could never expect any return. The grants, too, were so utterly disproportioned to the {mpulation and wealth of the Province, that even if all the grantees had set to work in good faith to settle their lands according to the terms of the grant, they must have been stopped by their inability to obtain settlers. In fact, even at the present moment, including squatters, and after nearly 2,000,000 acres have been disposed of in other ways, there is scarcely in the whole township land of the Province a population sufficient to settle these grants in the proportion of one familv to every 1,200 acres. A few townships on the American frontier were settled from the United States. The remainder were eitner left entirsly waste, or were abandoned by their proprietors, after a short trial had proved that any expense incurred in the attempt to improve them must necessarily prove a total loss. 2. After 1806 no new townships were granted ; and the grants, which were very few in number, were almost entirely in lots of 200 acres each to actual settlers. 3. From 1814 grants were made under location tickets, with conditions of settlement. These conditions at first required, that in addition to the erection of a house, and the clearing and cultivating four acres of land on the grant, the settler should actually reside upon his lot for three years. This last condition was subsequently abandoned, and the conditions imposed amounted virtually only to a requisition that the grantee should build a hut and chop four acres of wood before a patent for his grant issued. This practice continued till 1820, when mstructions were issued from the Lords of the Treasuiy, establishing a system of sale by auction, the purchase-money being payable by four annual mstalments, without interest. Under these regulations only such lands were open to purchasers as the Governor, on the recommendation of the Commissioner of Crown lands should select for that purpose. The instructions also permitted a sale to actual settlers of jti\a. o( Ev a limited quantity, subject to what was termed a quit-rent, but which was, in fact, the pay- ment of interest at five per cent upon the estimated value of the land. In 1831, instructions were issued by Lord Goderich, requiring the purchase-money to be paid by half-yearly instalments with mterest ; but these instructions have, it appears, never Min. c( Ev. Q. 1 16 oeen obeyed, the Governor, upon the representation of the Commissioner of Crown lands, directing that the former practice of receiving payment by annual instalments without inte- rest, should be continued. In 1837, instructions were issued by Lord Glenelg requiring payment of the purchase- money at the time of sale. These instructions remam in force at present, but no sales have as yet taken place under them. Concurrently with the various systems thus briefly described, there have been numerous exceptional grants, chiefly in reward of public services. To the militia who served during the revolutionary war, 232,281 acres were granted ; to the executive councillors and the Governor above referred to, about 120,000 acres; to the militia who served during the war with the United States in 1812, about 217,840; but in addition to this amount of actual grants, there remain after nearly 20 years have elapsed since these grants were first pro- mised, unsettled but valid claims on the part of these last-named militiamen, t) the amount of probably 600,000 acres. Grants have also been made to officers and soldiers of the Bntish army, either in the form of direct grants, or of a remission uf the purchase-money; to commuted pensioners ; to Mr. Felton and others under orders from Lord Bathurst ; to two individuals in lieu of their salary, as chairmen of the quarter sessions, for which the Assembly of the Province refused to provide. There has also been an exceptional sale in England to the British North Americar Land Company of nearly 800,000 acres. In addition to all the methods of granting land described above, the plan of Crown and clergy reserves demands a separate notice. By the Constitutional Act of 1701, it was enacted that a reserve for the support of a Protestant clergy should be made in respect of every grant under the authority of the Crown, equal in value, as nearly as the same could be estimated, to one-seventn of the land granted ; and that no patent for any grant should be valid unless it contained a specification of the land reserved in respect of the granted land. This Act was the origin of the clergy reserves. The Crown reserves were the result of a plan of the Executive Council, suggested, it is said, by the President of the Council, a refugee loyalist from the United States, who seeing that the disputes which had terminated in the independence of the thirteen provinces, aruse ostensibly out of questions of revenue, imagined that all such disputes might be avoided in the Canadas, by creating an independent source of revenue sufficient to provide for the expenses of the government without any necessity for having 3. — III. a 3 recourse Q. 86. Miii.ofKv. Q. 1 8. 67. no. [If • APPENDIX TO BEPORT ON THE AFFAIRS OF Appendix (B.) reconme to the impofiition of taxes. For this purpose he proposed that a reserve sliould be ..^_ made for the Crown equal to that for the clergy ; und it was imagined that as the settle- Lower Canwla. ment of the country advanced, this reserve would yield a large annual revenue, and obviate all questions of taxation, by rendering the Government independent of the people. Had the disposal of the public lands been conducted with prudence, and had the Government perfomicd its pa? . towards the improvement of the country, by assisting in opening roads, and by giving to the settlers efficient institutions, it is possible that the objects of Doth of these reserves might have been accomplished, although at a price far larger and more bur- densome than any taxation could have been. But, with few and nnfreqnent exceptions, the Government took no means to forward the settlement of the country, or to provide for any of the wants of the settlers. Tlie ei-own and clergy reserves were not merely allowed to lie waste, but they were carefully dis])osed in such a manner n» to se|)arcte most completely the actual settlers, and thus to obstnict in the greatest possible degree the progress of set- tlement. Added to this, the improvidence which, as has been seen, marked the whole pro- ceedings of the Government in reference to the public lands, and the recklessness with which It drew upon this fund to reward services, or to satisfy claimants, diminished the value of the^ie reser\'e8 in common with that of all the other lands of the Province, and rendered futile every hope of drawing a revenue from them. The injury therefore which they caused to the colony, was not compensated by any benefit to the Crown or the clergy, and after existir^ for .15 years, the Crown reserves were at last virtually abandoned when the system of sale was introduced. The clergy reserves however still continued, until in 1831 an Act was passed by the Imperial Legislature, authorizing the sale of one-fourth of these reserves, at the rate of not more than 100,000 acres annually. The present is not the place to enter into those aggravations of the unpopularity of the clergy reserves, which arose from the object to which they were destined. But the history of these reserves, from their being first made, down to the present time, is too characteristic an illustration of the system pursued in the management of the public lands to be passed over. By the Act of 1791, under the authority of which these reserves were made, it was directed that " whenever anv grant of lands within either of the said Provinces shall hereafter be made by or under tfie authority of His Majesty, his heirs or successors, there shall at the same time be made, in respect of the same, a proportionate allotment and appropriation of lands for the above-mentioned purpose, (the support of a Protestant clergy), within the township or parish to which such lands so to be granted, shall appertain or be annexed, or as nearly adjacent thereto as circumstances will admit, and that no such grant shall be valid or effectual, unless the same shall contain a specification of the lands so allotted ami appropriated in respect of the lands to be thereby granted, and that such lands so allotted and appropriated shall be, as nearly as the circumstances and the nature of the case will admit, of tne like nuality as the lands in respect of which the same are so allotted and appropriated, and shall be, as nearly as the same can be estimated at the time of making such grant, equal in value to the seventh part of the land so granted." When the business of land granting commenced imder the instructions given to the Governor of the Province in 1791, it became a question in what manner the provision quoted above, could be most effec- tually complied with. Various plans were suggested lor the pur))ose by the surveyor- general ; and the Executive Council, to whom all these plans were referred, decided in favour of one %vhii'h proposed that every township should be laid out in lots of 200 acres, of wliich every seventh lot should be reserved for tne clergy, making at the same time another equal reservation for the Crown. Under this system there were first two lots open for settlement, then one lot reserved for the clergy, then two lots open for settlement, then one lot reserved for the Crown, then one lot open for settlement, and so on thr(nighout the township. In this way the resen'es for the clergy were so intermixed with the lots, which were either open for grant, or rcsen'ed for the Crown, as to on«ure their being, in the average, of equal value. It would seem, however, that in this arrangement both the surveyor-general and tlic Executive Council misconstrued the clause of the Act wliich directed the making of these reserves ; since even assuming that the reserve for the Crown was a grant by the Crown, which it clenrly was not, the reserve for the clergy, being one-seventh of a town- ship, of which only the remaining six-sevenths were open to grant, was equal to a sixth instead of a seventh, of the land granted. Upon this original error was grafted one yet more glaring. Th practice originally pursued l)y the Crown in the disposal of the waste public lands of the Province, was. as I nave described, to grant nominally to many, but in reality to one person, in one deed, whole, or half, or quarter to^viiships, exclusive only of the Crown and clergy reserves, and amounting therefore to five-sevenths of the entire town- shl^>, or of the smaller portion granted. In the patents by which these grants were made, however, the whole of the land which had been appropriated for the clergy in the portion ol' the township granted, was specified us the allotment and appropriation for the support of a Protestant clergy in respect of that grant. Thus, assuming a township to contain 70,000 acres, divided into 1,600 lots of 200 acres each, which is rather more than the average dimensions of a township, but is assumed as the most simple amount for the purpose of illustration, the appropriation in respect of the clergy reserve amounted to one-seventh, or 500 lots, com- prising 10,000 acres, und the Crown reserve to an equal quantity, leaving to be granted 2,000 lots, or 60,000 arres. But in the patent by which this last quantity was granted, ami which recited the words of the Act, directing the specification of the reserve for the clergy, the whole 600 lots were sjH-cified ; and though of equal quality with the granted land, and one-fifth in amount, were described as being equal in value to one-seventh of the land granted, as nearly us the same could be esliniuted. By what process of reai'oniug the sur- veyor-general could have arrived at the conclusion, that one-fifth and one-seventh weiv equal, ^-^>->»mitmmam wm BRITISH NORTH AMERICA. eqa«l, it is not eaay to determine ; but the result was, tbmt up to 1BSS6 the reserve for the Appendix (B ) deny was equal in value to one-fifth of the whole land granted by tl»e Crown. ^ When the gystem of sale introduced by the Treasunr Iiutructiong of 1826 caroe into opera- Lower Canada, tion, the lots tirst sold were in most instances the Crown reserves. But here a difficulty arose. When the purchaser, having completed the payment of his purchase-mouey, appUed for patent, these sales were considered by the Crown lawyers as equivalent to grants, and under the Constitutional Act no grant from the Crown could possess any validity unless it eootained a specification of the reserve for the clergy in respect of the particular lot comprised in it The whole of the reserve, however, which bad been made for this purpose in the township within which these lands were situated, had been described in former gi-ants ; and it therefore became necessary to make a fresh reserve fur the purpose. This was a natural consequence of the previous error; but it will hardly be believed that the fresh reserve, made by the surveyor-general, was again equal to one-fifth of the land granted, or 40, instead of 28 ^ acres, upon a lot of 200 acres ; so that under this practice the reserve for the clergy, takmg as bemre the case of a township of 70,000 acres, would amount to 12,000 acres, bemg the original reserve of 10,000 acres, and 2,000 acres upon the sale of tlie reserve for the Crown in that township. But the reserve did not stop even here. When the Act of the Imperial Parliament, authorizing the sale of the clergy reserves, came into operation, and these reserves were brought into the market, the present attorney-general, whose office it was to prepare the drafts of patents, conceived that tne Constitutional Act must be considered as applying also to these grants ; and that, therefore, the patent must contain a specification of a reserve, even in respect of these reserves. It is to be presumed tliat upon a point of law such as this the attorney-general was in the right ; but it certainly appears rather singular, that sales under the authority of an Act of Parliament should be invalid, because they did not comply with a provision in a previous Act specifically referring to grants under the authority of the Crown. But however this might be, it was necessary that this opinion should be acted upon, and a fresh reserve was made. Again, one-fifth was reserved, instead of one-seventh, and thus, to follow the same illustration, the reserves would be equal to 14,000 acres. It is obvious too that the system would not stop here. Ther* must be a fresh reserve upon the 4,000 acres of additional reserves when ttiev are sold, and again upon the 800 acres which would be reserved upon them ; and this would be repeated until the process could be contiimed no longer. Supposmg the process to be continued to this point, the reserve for the clergy would oe equal to a fourth mstead of a seventh uf ^'le granted land, and the clear excess would be 73 per cent. As the wliolc of the clergy reserves are not yet sold, it amounts at present only to 60 per cent., or 827,000 upon 440,000 acres. But the misconstruction or violation of tiu-. law with regard to this property has not stopped here. I have already stated, that under the Act authorizing the sale of these reserves, a quantity equal to one-fourth of the whole reserve, was to be sold at the rate of not more than 1 00,000 acres per annum. Under this Act 200,81 1 acres iiave been sold out of 673,507, or considerably more than three-sevenths, and the sales in oue year amounted to 111,000 acres. Assuming however, that only so much of the land specified as clergy reserve, as is specified in conformity with the provisions of the (Constitutional Act, is really such reserve, tlien the amount sold is very nearly two-tliirds instead of one-fourth uf the whole. From the evidence of the Kev. Mr. Sewell it appears that these sales were made without the least regard to the Min. of Ev. Q. ^r)i, interests of the clergy, and that the property of the Church has been needlessly sacrificed; ct sey. and from that of Mr. Davidson, that the greatest part of the land so sold has passed into Min. uf Ev. Q. i(i3. the hands of speculators, who have purchased with the sole view of deriving a profit from the anticipated rise in the value of land. From the first to the last, the proceedings in respect uf these reserves have been marked by irregularities and errors ; wiiich, although not greater than have prevailed with regard to all the public lands of the Province, are more striking, bcca\ise, in this instance, the proceedings huve been in violation of a plain and positive law. To what extent and in what manner the settlement of the Province has been retarded by moans of this profii. ion iind irregularity in the t;;;ving that such a population is poor and unprogressive. The evidence, Min. of Ev. however, of Mr. Kerr, Mr. Russell, Mr. Stayner, and others, furnislies in d»'tail some of the more striking n>sults uf the practices I have described, and exhibits the manner in which these results hiivo been produced. I shall hen"uftor, when 1 have described the systems of land-granting pursued in the other North American colonies, to which the labours of this contiuission extended, advert more par- 3. — Hi. II 4 ticuluily h • APPENDIX TO REPORT ON THE AFFAIRS OF Appeadix (B ) ticularly to those evils which in all caaea lutre ariien from the neglect and improTidence that ^^__ have chaiaoterixed this department of the adminiatiatioo. But I must here refer bfiefly to Ute Lower Canada, delays and impediments wnich were necessarily thrown in the way of the poorer anplicants for land in consequence of the central character of the system of goTemment established in Lower Canada, and the want of any efficient local agency for the management of this branch of the public service. With the exception of the attempts which were made to remedy this inconvenience by the establishment or land boards prior to the division of the Province, and in later years by the appointment of township agents, the operation of both of which waa tem- porary and partial, no right to occupy land could be obtained except by meana of a perMXial application to the Governor at Quebec. And even when by meana of these local aoencies, a qualified and incomplete right of occupancy was obtained, u satisfactory title to the land could only be procurea at the seat of government To the majority of ttie settlen this waa equivalent to an absolute refusal of a grant, since the expense of a loumey to the capital of the Province, and of a residence there for the period reauired in order to obtain a grant or a title, was greater than the purchase-fnoney of the lana would have been. Added to this, the time occupied in obtainm^ a patent, even. when an agent was employed, was on ths average 16 months. Numbe -a consequently who vrere disposed to settle, preferred occu- pying the first vacant lot without title, trusting to the justice or the negligence'of the Government for the undisturbed enjoyment of whatever improvements they miditeffixt Numbers, too, it cannot be doubted, preferred emigrating to the United States, where land might be obtained, at a higher nominal price indeed, but with a certainty and facility which in met made it much cheaper. The surveys of the township lands also were so imperfect and erroneous as to add very considerably to the practical aifficulties in the way of settlement. Instances have occurred in which the lots professed to be granted had no existence except on the diagram in the surveyor-general's oHice. Yet more numerous were the cases in which a person receiving a grant of 200 acres, found that the lot assigned to him contained from 40 to 80 acres more or less than its assumed dimensions. In many instances the gpvnt was without a boundary, or its figure and boundaries were totally different from those which, by reference to the map, would be found to have been assigned to it. It will be obvious that a very general uncertainty and distrust must have been produced by these errors, and that the desire of improvement in almost every settler must have been cnecked by fears, lest a more accurate survey should demonstrate that the. land which he had cleared and cultivated belonged to some other individual or to the Crown. In making these last statements, it is due, however, to the individual by whom the office of surveyor-general is at present held, to state, that he cannot be held responsible for the errora I have described. From the system pursued originally, the greater part of the surveys were made by persons who were only nominally under the control of his department. The surveyor employed for the purpose was paid by the person to whom the land, when surveyed, was to be granted, and those surveyors were employed who would contract for the performance of the survey upon the cheapest terms. Many professed surveys, therefore, were made by persons who never had been on the ground. The outlines of the township were run ; but the interior plan was filled up entirely either according to the fancy of the surveyor or from the report of the Indians or hunters who were acquainted with the general character of the land included within the limits of the township. And even when the survey was performed under the direction of the surveyor-general, the very inadequate scale upon which his office is maintained rendered it impossible that he should exerciBe any effectual supervision over his subordinates. It is the more due to Mr. Bouchette to make this state- ment, because during the 30 years that he has filled the office of surveyor-general, he appears always to have laboured zealously according to his means to advance the interests and to facilitate the settlement of the Province. i UPPER CANADA. Upper Canada. TiiE area of the surveyed parts of this Province is stated to be 17,0a3,&44 acres. Out of this there have been reserved fur roads 460,000 acres, for the clergy 2,3U6,6tt7 ; there have been granted and appropriated 13,000,838 (total, 10,600,626), and there remain to be granted 1,147,010. In the evidence of the chief clerk in the surveyor-general's otiice, it is stated that rather Min.ofEv. Q.7gg, more than 1,600,000 acres remain at the disposal of. the Crown; and by a return subse- quently furnished, this amount is stated ut 1,607|01U acres. From a careful examina- No. 14. tiou of the return itself, it, however, appears, that tliere is not more than the amount stated above. The error in the return has ouviously arisen from its not including the reservation for roads in the enuroeratiun of tlie granted and appropriated lands. The uietiiods of land-granting pursued in this Province have been as various as those described with reference to Lower Canada. Up to 1701, Upper Canada formed a part of the Province of Quebec, and the disposal of public lands was successively regulated by the ipstruclions of 1703, uf 1776, and of 1780, adverted to in the foregoing sketch of tiie systems of land-granting in Lower Canada. . After, the separation of the. Province, the public lands in Upper Canada were granted under instructions from ithc Home Government identical with those described with regard to Lower ;C»nada, the chief object of which was to provide against evils similar tu those which had been experienced in the other North American Colonies from excessive grants to indi- vidual! mm BRITISH NORTH AMERICA. t» vldlualii, and which therefore established 200 acres as the ordinary extent of a ijrant. These Appendix (B ) iiutnictions continued in force, without any alteration, till 1825. The grants to officers and privates of the 84th regiment of foot, and to the refugee loyalists tpper Canada, from the United States and their sons and daughters (who are termed U. E. loyalists), under the instructions of 1786, were, subsequent to the division of the Province, to be made in Upper Canada, and ever since that period grants have been and continue to be made to these individuals occording to the tenor of thuise instructions. During the continuance of the same ' instructions, but, it would seem, in direct violation of their spirit, grants uf 1,200 acres each were made to individuals of various classes, to magistrates, barristers, &c., &c., as described in the evidence of Mr. Radenhurst. Grants, of 6,000 acres each, were also made to eze- Min. nf Ev. Q. 698. cutive and some legislative councillors, and of 1,200 acres each to their children. Attempts appear to have been made, at a very early period, to introduce a system of granting whole townships to individuals who would undertake their settlement, similar, in many respects, to the system of leaders and associates described in referance to Lower Canada. Afler 10 townships had been grantt^ in this manner, the number of applications was however su great Min. of Ev. Q.706. as to determine the Council not merely to abandon the system for the future, but to rescind et leq. the grants which had been made. This was accordingly done ; but by way of compensation to the persons to whom these townships had been assis^ned for the trouble and expense they had incuiTed in attempting to fulfil the conditions of the grant, each grantee was entitled to receive 1,200 acres. This compensation was accepted by all except Mr. Berczy, to whom Min.ofEv,Q.io5i. the township of Markhani had ueen assigned, and who, having applied himself in good faith to fulfil the conditions of the grant, was ruined by the decision of the Council to rescind it. Prom 1791 to 1804 it would appear that grants were altogether gratuitous, and that no Min. ofEv. Q.6y8. fees were payable except to an amount just sufficient to compensate the various officera con- cerned ill passing the grant for their trouble. In the course of the latter year a scale of fees, proportioned to the extent of the grant, was introduce. In 1818, in addition to the pay- ment of these fees, the performance of settlement duties was also required, as a preliminary condition of all grants, whether subject to the payment of fees or made to privileged No. 17. persons. Under this scale of fees there were granted, in the 15 years, 388,203 acres. In 1810 anotlier scale of fees, nearly double in amount, was introduced. Under this scale, .scarcely any grants were made, and it was in 1020 supe.^ded by another scale of fees, which upon all grants above 500 acres amounted to 5«. |)er acre upon the grant. Tliu Order in Council fixing this scale authorized the grant of 50 acres to indigent settlers Min.ofEv. Q. 738. without any fees. Under this authority, gratuitous grants of 50 acres each, to the uiuount of about 40,000 acres in the whole, were made ; and grants were also made of larger quan- tities, subject to the ])ayniciit of fees according to tiie scale, amounting in the whole to 72,228 acres. In 1825 regulations were issued by the Lords uf the Treasury in England directing what was termed tlie sale of laud upon quit^rents, but what was in reality the grant of land, Min.ofEv. Q.6g8. subject to the payment of interest at five per cent, upon its estimated value. Under this jjo. ai ' system 15,100 acres were granted. Up to this period all grants of land had been iiiiulc ut the discretion of the Governor in Council, not merely so far as related to the quantity and position of the land granted, but also as to whether the party applying should receive any grunt at all. The surveyor-general, under whose general direction the whole land of the Province was placed, was the individual by whom, in most instances, this discretion was exercised, since all applicants were compelled to obtain from him a certificate that the lot for which they applied was vacant and might be granted ; and in all cases the adverse opinion of this officer wus sufficient to prevent any grant from being made. In 1U27 a Coiumissioner of Crown lands was appointed, who was No. 35. directed by instructions from the Ix)rds of the Treasury, dated July 1827, to assume the managcnieiil of the whole of the waste and uiigranted lands of the (Jrown. By the same instructions, all public land wus to be sold by auction, and to be paid for by instalments without interest. Under this system, slightly modified in 1B33 by requiring the payment of interest upon tiie unpaid portion of the purchase-money, rather more than 100,000 acres No. 15. of Crown lands have been sold. In Upper Canada neither the instructions of Lord Gode- rich in 1831, nor those of Lonl fihiiclu in 1837, have been complied with. There have been two cases in this colony in which the Government has delegated toothers the disposal of iU waste lands. A very extensive tract in the London and Western districta has been placed under the entire superintendence of Colonel Talbot, and the whole of the Crown reserves, and 1,100.000 acres m one block, in the Huron district, have been sold to the Canada Company. In the former case the delegation was more direct than in the latter, which took the form of a sale. The powers of Colonel Talbot, with regard to the whole of the tract he has been allowed to settle, arc, however, apparently ouite us absolute as those of the Canada (Company witli regakd to the land they have purchased ; and although there was not, so far us I could leant, any such stipulation in the arrangement with Colonel Talbot as should have exempted the land which he had not actually settled from the operation of any subsequent regulations framed by Government, yet the whole of the land thus circum- stanced has been tacitly excluded from the operation of the Treasury instructions of IB27, and of those subscqwentW introduced. The sale to the Canada Company, though in form an nxceiitional method of disposing of public land, was in efl'ccl, and was intended to be. a ^•~"'- 1: deWaaticn : m T^ mm W ppi 10 APPENDIX TO REPORT ON THE AFFAIRS OF Appcudix (B.) Upper Cui»d«. Min.of Ev.Q.6gg, Min.ofET.Q.ioaa Rlin.i>f£v.Q.'iii6, ft teq, Min.ofEv.Q. 1147, el irq. Min.ofEv.Q. 1134, fiteq.; l}9ij,ttifq.; *i35>t*tq-i H*o, rtirq.i Ii43,el*tq. Min. ol Ev. Q.74<), et «y. delegation of the powers of Government in this important particular to a private company, prompted, apparently, by the obvious ill success of the proceedings of the Government, and Dy the hope that persons having a deep pecuniary stake in the result of their measurea would be more careful, and therefore more successful in their operations. The result of both these experiments has been so far fortunate, that settlement oppears to have proceeded with somewhat mor? of rapidity and regularity upon the land thus disposed of than upon that which remained under the control of the officers of the Crown. The quantity of Crown lands disposed of, or appropriated, according to the different plans described above, amounte in the whole, including the sale to the Canada Company, to rather more than IS } millions of acres. Of this amount there have been granted, subject to the regulations from time to time specially introduced by the Executive Council and the Home Government, not quite 600,000 acres, or considerably less than a 20th part of the whole ; and with the exception of certainly less than 600,000 acres, all the granted land, or 13.000,000 acres, was disposed of prior to, or in satisfaction of claims which arose before, the year 1826, at which time the population was under 150,000. But the r^ulations above described, various as they were, do not comprise the whole of the modes by which land was disposed of by the Government of the Province, or by the authorities at home, whether the Lords of the Treasury, or the Secretary of State for the Colonies. The grant of 48,500 acres , to Colonel Talbot, for settling a part of the enormous tract of land placed under his sole control and management, and the grant to the laird of M' Nab, by the Government of the colony, the prant of 12,000 acres to Dr. Mountain, the Bishop of Quebec, of a similar amount to the heirs of General Brock, and of 3,000 acres to Mr. ShireiP, arc, I am inclined to believe, > only faint and inadequate specimens of the exceptional dealings in respect of rales, so little denned as apparently scarcely to allow of any proceeding being regarded as iXv-eutionul to them ; although, from the general carelessness of the system, tnese were the only insuinces elicited in the course of my inquiries. In this Province also reserves have been made for the clergy and the Crown under the same authority, and in the same manner as in Lower Canada. But though here also the same original error in iayine out the land to be set apart for the cleqry was committed, yet, as the surveyor- general, by whom the specification to be insrr^H in the patent was prepared, followed the terms of the Act, and described a quantity only equal to a seventh of the land granted, there has been no such complication of errors as I have described in reference to the Lower Pro- vince. The land set apart on the map, and treated as clergy reserves, exceeds by one- seventh the amount contemplated by the Legislature, but this excess has never been included in any patent, and it therefore remains public property. A considerable proportion of it has been sold under the name of clergy reserves. Tliis, however, is a mistake, which admits of an easy and satisfactory correction. The provisions of the Act authorizing the sale of these reserves, have, in this colony, been strictly observed. Less than one-fourth has been sold, and the sales have not amounted to 100,000 acres in any one year. In Upper Canada, however, the reservation and application of these reserves have been the source of a widely-spread and dangerous discontent. The purpose to which they haw been applied has very greatly aggravated the dissatisfaction occasioned by the effects pro- duced by their being withheld from settlement ; and at the same time the constant experi- ence of their injurious effects upon the settlement of the Province has embittered the polem* ical strife occasioned by the exclusive character of tlieir destination. It was impoBsible in a colony where so deep and universal an interest prevailefthe Six the Pro- of land m of the f the Six selected e present posgew, 187,000 I by the iction of with that atifted in It ^rt of miTrly BRITISH NORTH AMERICA. 11 menly temporary benefit to them. The Oovemment, under whose guardianship the Indians were settled, and whose duty it should have been to provide efficient securities against any improvident grants, by which a provision, intended to oe permanent, might he disposed of for inadequate or temporary returns, would seem, in these instanr-^ ,, to have neglected or vio- lated Its impli«l trust. To the extent of this alienation the objects of the origin&l grant, so far as the advantage of the Indians was concerned, would appear to have been frustrated, by the same authority, and almost by the same individuals tnat made the erant. i have noticed this subject here for the parpoxe of showing that the Government of the colony was not more careful in its capacity of trustee of these lands, than it was in its general administra'- tion of the lands of Uie Province. But takine into consideration this and all the other methods by which, as appears by the evidence of Mr. Radenhurst, lands might be obtained in this Province, it would seem that there is still a large amount for the granting of which no reason appears, and none could be found, without separate inspection of each of the 60,000 grants which have been made. The grants and appropriations in the whole itppear by the Return No. 13 to amount, including the clergy reserves, to 16,060,635. The grants and appropriations of which an account has been furnished are as follow : Clergy reserves 2,306,687 U. E. loyalists -.- 2,011,787 Militia 646,600 Under regulations of 1804 ...... 388,263 Ditto - - of 1820 72,288 Quit-rents 16,100 Discharged soldiers and seamen ..... 449,400 Magistrates and barnsters ...... 266,600 Clergymen ..-.---.. 36,900 Executive councillors ....... 136,960 Legislative ditto ..-...-- 48,476 Surveyors ....... .. 204,060 Canada Company -.....-. 2,484,413 Sold ...--.--.. 100,000 Schools -- 600,000 Grants of officers • " " " " " " " 02,626 Indian reserves ... . - - 000,000 11,397,768 leaving altogether unaccounted for 4,668,707, or conxiderably more than one-fourth of the whole. A small proportion of this, less probably than u tenth, is included in the land disposed of for the Government by Colonel Talbot, under the authority conferred upon him. But after allowing for this una other possible omissions of a similar character, it is still difficult to widerstand ii< what manner the greater part uf this excess has been disposed of. It is not, however, impossible that upon a strict inquiry, a large proportion will oe found to be still the property of the Crown, and that its supposed appropriation is the result of a practice referred to m the evidence of Dr. Baldwin, of putting fictitious names to favourable locations upon the diagram of a township in the surveyor-general's office, in order that they might be reserved for persons who possessed some particular claims upon the favour of the office. From various statements made to me in the shape of anecdotes that could not be embodied in evi- dence, I am inclined to believe that this practice prevailed to a very considerable extent. It has, I doubt not, very frequently happened that these fictitious names have been taken for real, and that many of the most iavourable lots in the surveyed townships have been thus un- consciously reserveopulatioii had slowly grown up to 160,000 souls, the quantity granted or engaged to be granted by the Crown was upwards of 13,000,000 acres, while during the 13 subsequent years in which the (lopulation increased from 160,000 to 400,000, the quantity disposed of, including the sale of the clergy reserves, is under 600,000 acres. A fact such as this needs no comment In the course of the inquiries which I instituted, I heard it frequently asserted that there had been and still were many irregularities in the operation of the land-granting system, of a vexatious and hainssing character, from which the poorer classes of settlers especially sus- tained very great inconvenience. One class of these irreguliirities, referred to in the evidence of Dr. Baldwin, has lieen noticed above, and the evidence of the suine gcutleiuan evinces the prevalent opinion upoli this subject. From the observations 1 was able to make. ! have 3. -111. c.'i little Appendix (B.) Up|)cr CmiMda. Min. of Ev. Mill, of K*. Q, I oft.ij. m Min.ofLv.Q m LIMIlJ>i|ii|ia 19 APPENDIX TO REPORT ON THE AFFAIUS OF Appcnilix {Q.) Upptr Canada. little doubt that these atBcrtiona were well founded : but no specific instance of the sort came before me. Those persons residing at Toronto who had been conceniMl in obtaining land, possessed facilities of access to the office which freed them from some of the worst results of these irregularities ; and as they were not generally persons intending to settle upon their grants, they were less affected by those delays to which they might be subject. The persons who have felt these evils in the greatest degree have been settlers m remote and thinly-peopled districts, who had, under the circumstances, no means of representing tlieir grievances to me. Only one instance, therefore, of actual injury alleged to be sustained from this cause of late years, reached me ; and that is described in a letter appended to the minutes of evidence, addressed to me at Toronto, but forwarded to me ailer 1 nad lefl that place, and when consequently I had no means of inquiring into the truth of the complaint, or of ascer- taining the cause to which it was attributable. From the evidence of .Mr. Radenhurst as to the state of the surveys, and from the delay which, in spite of the willingness of that gen- tleman to afford me every information, 1 experienced in procuring the returns tor which I applied, in consequence of the incomplete organization of the surveyor-general's office, and the apparent absence of all proper records of its transactions, I have little doubt but tlukt this is by no means a solitary or uncommon instance of evils of this nature. In fact they appear to be inseparable from ituch a system, or rather such a want of system as that which 1 found to prevail in I'ppcr C'nnndu. With an establishmriit, inadequate at best, and lUin. iif Ev. Q. 8<-,9. for the last nine years under no efficient and responsible direction, it is almost a matter of course that these and similar irregularities should prevail. No. 41. Min.ofEv. Q.8.56. NOVA SCOTIA. Nova Srotia. "^''^ '"^<* of the land of the Province of Nova Scotia may be estimated at 8,000,000 acres. ___ Of this iiniount it is assumed that less than n,000,000 of acres are fit lor cultivation. And nearly the whole of this available land is included in the 6,7AO,000 acres which have been Min.ufEv.Q. 1335. already granted. Itisestimated by Mr. Morris, the present surveyor-general, that of the 2 1 millions of acres yet remaining at the disposal of the Crown, not more than one-eighth is suitable for the purpose cf settlement. My task in relating the proceedings of the Government in reference to the disposal of the waste lands of this Province is necessarily much simplified by the fact, that, at a very early period, the down divcj'tcd itself of nearly all the land in the colony available for the purpose of 8ettlement,and that consequently its subsequent operations have had little effect upon the progress or condition of the Pmvince. The first grants of land to any considerable HiB.ofEv.Q 1341. extcntappear to have been made under instructions from the English Government issued in 1760, previously to which period grunts of land had been at the discretion of the Governor and Council, and had been made with a great and seemingly judicious reserve. Of these instructions no copy remains nf record in the colony, and nothing certain is known of their nature. In less tlian 13 years, however, alter they ciime into operation, nearly 8,000,000 of acres, including the whole of the island of Prince Edward, then part of the Province of Nova Scotia, were granted in bl(K-ks of from 20,000 to 150,000 acres to individuals or companies residins in unsuccessful endeavours to settle the extensive tracts of which they luid been niude proprietors, the land was aban- doned to its tew inhabitants or sufiered to remain absolutely witiite. It still, however, con- tinne representations of the local govemiuent in 1773 and in subsequent yearx, to revest these lands in tiie Crown by a process of escheat, but were as repeatedly baffled by the influence of the absentee proprietors. Since, however, it was felt that a valuable province, such as Nova Scotia, ought not to be left in these eircuinstances, the (ioverninent deemed it e.x)x>dient to endeavour to attract settlers by throwing o\)t\\ for location, upon advanta<(eous terms, all the land yet remaining at its disposal. A plan was accordingly fhimed lor the piirjiose by the Lords Commissioners of Trade and Plantations, uiiiler which the uiignmtiMl lands of the Province in favourable situations were surveyed, and public notice was given of the intentions of Government to dispose of such liinds by sale. On tiie appointed the Province is occupied by squatters, and that one half of the population of Cape Breton may be assumed to consist of persons of this class. The practices which have prevailed in the land-granting department appear to have been not more consistent with the instructions of 1827, and tlie subsequent instructions of Lord Goderich in 1831, than those which have been described with regard to the other provinces. The practice of free grants has been continued; out of the 6,760,000 acres disposed of by tlie Crown in the Province, only about 120,000 acres have been dis- posrd ot under the system of sale; and Mr. Morris, the Commissioner of Crown lands, Min.ofEv.Q 1186. states, that the largest portion of this has been acquired not by actual or intending settlers, but by speculators, who have been tempted by the low upset price, and have purchased on account of the timber, or with a view to profit from a future sale. In this colony there are the same defects and irregularities in the surveys which I have described in reference to Lower and Upper Canada, and the same immediate and prospective inconvenieiices resulting from this circumstance. NEW BRUNSWICK. tht not to be |r to attract The area of the Province of New Bniiiswick is about 18,600,000 acres. Of this quantity New Bruniwick. there have been t^ruiited 3,000,000 acres, and sold 1,400,000; in all, 4,400,000. Of the tjuantity still remaining at the disposal of the Crown, it is estimated that about 11,000,000 acres are fit for settlement. Until the year 1784 this Province formed a part of Nova Scotia, but it does not appear to what extent the lands included within its limits had been granted before the separation took place. Afler its establishment as a separate province, grants of land were made under the authority of instructions from the Home Government by the Governor in Council, subject to the payment of a quit-rent of 2 s. per 100 acres. This system continued in force up to the year 1827, when the system of selling was introduced by nstructions from the I«rds of the Treasury. The exercise of the power thus vested in the Governor and Council appears to have been characterized by very little moie prudence and reserve than in the otner colonies, since, although it is estimated that one half of the granted land is in the possession of actual occu- pants. It appears that at the present time very little more than a twentieth part is under cultivation. In carrying out the system of sale in New Brunswick, no attention appears to have Lee n ••hown to the instructions from Lord Goderich in 1831, directing that the purchase-money t-hould be paid by half-yearly instead of annual instalments, and should bear interest. The syttem intridiiced by the Treasury instructions of 1827 would seem to have been continued till the receipt of the last instructions of Lord Glenelg in 1837. The low price ofland in • a.— 111. i- 3 this 14 APPENDIX TO REPORT ON THE AFFAIRS OP Appendix (B.) t),|g Prorinee, it- per acre, and the eaiy temu upon which payment is required, have led to j^ „'~~ an extenaive acauisition of land by penions wlio have done nothing to improve it ; and mm Brumwick. j^ appear* from tne evidence of Mr. Qaillie, that there are ereat dilhculties and delays in Mi.i nrEv.Q.i6ut unoccupied land, whether Crown or clergy reserves, or private property, have Deen placed in circumstances which rendered it impossible that they should create or preserve the instruments of civilization and wealth. Their numbers are too few, and their position too distant, to allow them to support schools, places of worship, markets, or poat- offices. They can neither make nor maintain roads. The produce of tlieir farms, owing to the necessarily imperfect methods of cultivation pursued under such circumstances, is small in quantity, and, owing to the difficulty and expense of conveying it to market, of little value. The money that has been expended in the acquisition and improvement of the land they occupy yields them no adequate return ; and though the means of subsistence are within their reacn, yet these are rude, and not unfrequently scanty, and have to be purchased by severe and oitentimes unremitting toil. The experience of the past warrants no expectation of any improvement. With very few and irregular exceptions, such a state of things haa prevailed in every district of every colony, from its establisliment to the present time ; any increase of population having led rather to an extension of the limits of settlement than to the occupation of the unsettled lands in the midst of the old occupanta. To an individual placed in this position there is, consequently, only one means of escape ; the total and imme- diate abandonment of his farm, either sellmg it for what it will fetch at the moment, or allowing it to remain unoccupied till he can obtain what he considers a fair price. This ia no exaggerated description of the difficulties and privations of persons so circumstanced, or of the manner in wnich those, who have not dissipated all their means, escape from it. The evidence of Mr. Kerr, of Mr. Hiissell, of Mr. Itadenhurst, of Mr. Sullivan, of Mr. Rankin, and of Mr. Hawke, confirm, in the most complete manner, the above representation, as regards Upper and lx>wer Canada ; and, with respect to Nova Scotia and New Bruna- wick, in addition to the evidence given before the Commission, the statements of Major Head, by whom these colonies were visited in his capacity of Assistant Commissioner, and who ia himself a native of Nova Scotia, repi««ent a degree of stagnation and decay, as existingin these colonies, which, on less credible testimony, it would be difficult to believe. The picture of deserted and ruinous dwellings, and of abandoned farms, which he draws, is such as might be expected in a country recently the victim of a hostile invasion, or in which the ungrateful soil barely repaid the laoourof the cultivator. The picture, however, is drawn with respect to countries thot have not felt the footsteps of an enemy for more than half a century, poHsessing a soil of abounding, if not of unexampled, fertiUty, and rich in all the elements of commercial and agricultural wealth. In the Lower Provinces there has not been that immigration of individuals possessed of capital which took place to so great an extent into Upper Canada, and which was stimulated by the offers of the Provincial Government, and by representations, sanctioned at least, if not made, by the Government at home. The colonies of Nova Scotia and New Brunswick, therefore, attbrd no such striking instances of ruin to the emigrant capitalist as are furnished by the evidence taken in respect of Upper Canada ) but they contain abundant proofs of the existence of those circumstances which repress industry and forbid progress. In Upper Canada the large emigration of capitalists created a temporary activity and a seeming pros- perity, in which New Brunswick only partially shared. The money paid by such emi- Cts, as the price of the land they intended to cultivate, stimulated a speculation in 9 for which it supplied the means ; and the large sums expended in the clearing and a.— IM. c 4 cultivation Appendix (B.) VPiVPHF v.- 10 APPENDIX TO REPORT ON THE AFFAIUS OF Appendix (H.) cultivation of their fitrntH, although yicldin;;; '.m Huiliciciil return to tlieiniielvRfi, gave eitiploy- ^__ inent and subsistence to the laouuring uopulntinn, and enabled many of these latter to establish themselves advantageously. Rut all tins wos in its nature temporary. Tho emigration of capitalists well ni);h ceased with tin- year 11134 ; and a progress, dependent upon this source, continued but a short time after the iinpiilHe was witndraMrn. It was to no cause but the unprecedented emigration, from iil'iH tu lHa4, that we can attribute the great increase in tlin price of land, which has brcn so often referred to as a prt. .if of the prosperity of Upper Canada ; and the present nominal pricco of wild land in that colony jiave been maintained entirely by an expectation ol' a similar degree and character of emi- gration for the future. Still there, where the apparent prosperity has been greatest, we nave at the same lime the strongest evidences of the evil and injury by which it has been accompanied. The Lower Provinces, to which no similar emigration has occurred, exhibit the orainary and inevitable results of the policy which has been pursued in their settlement, unaffected by any disturbing causes. It is not improbable that attempts will be made to impugn the accuracy of these state- ments, and that comparisons will be drawn between the advance of these colonies in popu- lation, and that of the United States during the last few years, for the purpose of proving that the inferences drawn by dift'erent witnesses, and adopted in the present Report, are not warranted by the facts stated. But there are certain general fiicls which it is impossible to deny or evade. The enormous disproportion between the granted and cultivated land in every Province, and the great re-emigration to the United States, admit of no contradiction. Allowing that during the last few years there has been a very considerable augmentation in the number of the inhabitants, and in the agriculture and commerce of the colonies, and that, compared with their previous condition, their present circumstances exhibit hopeful signs of improvement and activity, this does not aflect the truth of the representations [ nave nutde. It IS still incontestably true, that after the lapse of a period varying from 00 to 10 years, less than a 2Uth part of the land granted by the Crown nas been reclaimed from the wilderness, and that a very large proportion, if not tlie majority, of the emigrants from the United Kingdom, who have arrived in these colonies, have left them for another Innd, with no greater natural advanUiges of soil or position, and where they are surrounded by n people whose habits and institutions are unfamiliar to them. I do not dwell here upon the high official rank and unimpeachable personal ch^iracter of many of the gentlemen by whom the obnoxious disclosures have been made, because the two circumstances to which I have just referred are notorious and indisputable. They require no weight of evidence to establish their truth, and they sufficiently prove the accuracy of the general conclusions deduced from tlie whole evidence. Any comparison, too, lietween the increase of population in these colonies, and in th(^ United States, is essentially fallacious. In Upper Canada, for instance, the immigration of 10 years, added to the natural increase by birtns, doubled the number of inliabitants ; but the absolute increase was only 200,000, and the immigrants who remained in the colony, did not probably amount to more than 1*20,000. To have produced a similar effect upon the po|.'ultttion of the United States would have required an immigration of nearly four millions. I1ie proper standani of comparison would be one of the new states in the western territory, such as lllinoi!>, where, in less than 16 years, the population has risen to a greater amount than that of Upper Canada at the present time, and in which the general advance, in every matter connected with civilization and material progrcst*, is, beyoncl all comparison, greater than anything which the roost favoured spots in these colonies could exhibit. It came to my knowledge, that in this state there was one town of recent foundation, in whicli a consider- able number of llnglish settlers were established, all of whom had originally attempted to settle themselves in Upper Canada, and had been driven from that Province oy the impedi- ments ti> success whicn they found everywhere existing; and I am credibly informed that a large portion of the population of this state was coinjwsed of ))rrsoiis of the same class. In the face of such facts I cannot acquiesce in any eulogy of the |>u.'..>f of the I that colony aeter of emi- {rreatest, we h it has been irred, exhibit >ir Hcttlement, f theiie state- >nie8 in popu- le of proving eport, are not impossible to I land in every contradiction, gmentation in colonies, and (hibit hopeful itutiono I liave from 00 to 10 ined from the rants from the ler land, with d by a people upon the hi^h by wlium the ch I have just :e to establish deduced from les, and in th<^ Immigrntioii of abitants ; but lie colony, did Iffcct upon the four niillioiis. em territory, •eater amount lance, in every Irisoii, |rrcutur t oainc to my h a consider- attempted tt> the irapedi- nformed that same class. ecause it has or prevcuteil vance of the laterialiy the :>ssible they Accordingly, the removal en from time ti. maimer in estiiics most ■squired upon exist in full And upon kt have been : cither they heasurcs will litatesmen of which new counlrie* cottntriet >it ezpoaed, ftom the manner iu which the publi«i lands are ditpoMd of. Accord- Appradix (B.) ingly, in the inatructioni addressed to the Oovemor of the Province of Quebec immediaiely after the Peace of Paris, which secured to England the undisturbed poaaestioD of the Pro- vinces she had conquered, we find a recognition of the existence of these evils employed •• introductory to a measure of prevention. " Whereas," say the instructions, " ireat inoon- - venience has heretofore crisen in many parts of the colonies in America, from tne grantinc excessive quantitiea of land to particular persons who have never cultivated the same, alia who have uereby prevented others, more industrious, from improving such lands ;" and thia racital is followed oy a declaration limiting all grants to an extent proportioned to the number of the family of the applicant, and in no case bevond such an amount as, with * laigB fiimily, might be easily cultivated ; though in the subsequent clause a power is vested in tBa Governor of increasing the Erant by I,uOO acres, in cases where he might deem such increMe expedient. In the instructions of 1791, the quantity to be granted was yet further limited; SOO acres being established as the general extent of a grant This was the first and moat naturhl expedient The evils referred to in the extract from the instructions which I have just quoted, had been occasioned by excessive grants ; what, therefore, could seem a more appropriate remedy than the prohibition of large iinnta for the future ? The effect of the regulation, however, was not answerable to tbe intention of its framers. It failed partly from the abuses introduced or permitted by those to whom its execution was entrustea, but still more by its own intrinsic insufficiency. In Lower Canada these instructions were evaded by the Rvstem of leaders and associates previously referred to, and described in the evidence of Mr. Davidson. And the Home Government, by whom these instructions were framed, Min. ofEv. Q. iS. and by whom they were repeated from time to time, upon the appointment of each succes- aive Uovcrnor, even up to the introduction of the system of sale in 1826, itself not merely afl'orded an implied sanction to this evasion, by authorizing a grant of 12,000 acres to six of the executive councillors who had formed the land boara, under the authority of which these excessive grants had been made, but violated its own instructions by these grants, and by the grants to Sir R. S. Milne and others, referred to in the same part of the evidence. In these cases, and in the cases enumerated with regard to Upper Canada by Mr. Raden- Min. ofEv. Q.699. hurst, the rule was evaded. But in both Provinces, and in the latter Province especially, it was found to be insufficient, even when tairly carried out. By far the largest portion of the present waste, but appropriated lands, in the Province of Upper Canada, were granted origi- nally in 200 and 100 acre lots to U. £. loyalists and militia claimants (Return No. 16); to the former as a reward for the loyalty which induced them to abandon the United States, in order to maintain unimpaired their connexion with Eneland, and to the latter in consideration of the services rendered during the last war with the United States. In Lower Canada also, including the grants to militia men, nearly 1,000,000 acrer were granted iu the spirit of these instructions, in 200 and 100 acre lots. In these cases, therefore, it is not to the extent of the individual grants that we can attribute the existence of evils of the very character pointed out in the extract quoted above ; and yet such evils were produced by these grants as completely as by tlie most flagrant evasion or violation of the instructions of the Govern- roeiit. Enormous tracts of land, to the extent, in one case, of 100,000 acres, were acquired Ali°* of Ev. Q.781. by different individuals who would neither cultivate the tracts thus acquired, nor dispose of them upon terms to attract settlers. The first plan, therefore, for preventing these evils by limiting the amount of the land to be grantiKl to individual applicants, was proved- to be altogether inadequate. But as a further means of preventing the evils referred to in the instructions of 1763, conditions of settlement and cultivation were attached to the greater number of the large grants of land made in Lower Canada, and to nearly all of those in Nova Scotia, New Bruns- wick, and Prince Edward Island. Tlie grantee was bound to place settlers and to make improvements upon his grant within a certain fixed period, and in certain definite propor- tions. In default of the performance of these conditions the grant was to be void. These conditions were, however, as unavailing as the previous limitation had been. In only a very inconsiderable number of cases were they performed to any extent, and in none pro- bably were they performed according to the terms of the grant. But though the grants wua became liable to forfeiture, this liability was seldom, in some colonies never, enforced. The land was lefl unsettled and waste, but it still remained the property of the grantees, only to be resumed by legal process. The proved inadequacy of these regulations and conditions led to the adoption in 1818, both in Lower and Upper Canada, of a new system. Under this the improvement of the land and the establishment of a settler upon it, instead of being a subsequent, was made a preliminary condition of all grants, and no title to the land was to be obtained until after its fulfilment. This plan, if it had been rigidly enforced, would have greatly checked, if it had not entirety prevented, the acquisition of any land except by those who had actually settled upon it But it was heedlessly relaxed when comparatively few grants had been made. Mio. of Sv. Q. 45. Although, therefore, a considerable degree of settlemant took place under this system, its chief etlect was to occasion a certain outlay upon the land in the colourable performance of the conditions, without producing any improvement in the land, or diminishing in any degree the evils occasioned by the unsettled grants. This result is attributable chiefly to two causes ; the one, the nature of a very large portion of the grants to which the conditions were made applicable ; and the other, the state of the districts within which, for the most part, these gra s were situated. The greater propor- tion of the grants were mode in reward of services to U. E. loyalists and militia. Indi- viduals of these clasaes were not, in the majority of caies, disposed to settle upon the land 3.— nil B promised ^m "W^ %' \ IP l« APPENDIX TO REPORT ON THE AFFAIRS OF AppaiMJs (B.) Miii.ofEv.Q.64e, MWUMd tlwi,Mid they not ttbxmatmMj oonplained of th* anntntion of My eonditioiu to what th«y caotendad wu dMignad to M a fne Mid unincumbered |^ft. It wh quite fair upon every principle, that when an indiTidual, entering. the country in order that he mii^t than find the meana of bettering hie fortune, applied for a grant of land upon which he could aattle, the Crown should require mmw proof that the application waa made boni fide, and that tiio applicant really designed to cultivate hie mnt. But it was alleged that this rule did not apply to the case of persons to whom the land had been promised as a reward for some- thing tnat had been already performed. It was no favour to such persons to allow them to receive a grant upon the same terms upon which it might be obtained by almost every applicant, ami a compliance with which would havn destroyed its value, since the cost of pmonning settlement duties was greater than the aelling price of the land. Great numbers of these perM>ns, therefore, obtained location tickets, never intending to perform any con- ditioos, and trusting that no steps would be taken by Ooremment to dispoMess them. And thoaa who did perform the conditions, did so in the slightest and least effectual manner, merely in order to enable them to obtain a secure and marketable title. There were some, however, both of the U. E. loyalists and militia who would have been willing to occupy the land granted to them, and these, as well as the intending settlers of other classes who had obtained location tickets, applied themselves in earnest to clear and cultivate the land of which they were put in positession. But there were insurmountable obstacles in their way. The assigned lot was often at a distance from all settlements, and with no roads leading to it Frequently it was well nigh impossible for the settler even to discover the actual posi- tion of a lot ; and when he hadencountured and overcome these difficulties, a more lensthened trial often convinced him that ultimate success was not to be hoped for, and compiled thn abandonment of his improvements. The land granted under these conditions, added there- fore to the land retained in a state of wilderness, uncultivated by the proprietor, and with- held from those who might have brought it under cultivation. The uniform failure of these successive methods, added to complaints of favouritism, led, about the year 1826, to the introduction of the system of sale. In Upper Canada it appears that this system has, to a considerable extent, etfected one of the intentions of its frainer^, by preventinc the acquisition of land for any other purpose than that of actual settlement. Still the results of the system have been highly injurious in that Province, as I shall have .Min.urCv. tj. iia. occasion to show in connexion with another part ot the subject. In Lower Canada, except in the case of purchaseit by squatters, it appears that the greater part of the land waa pur- chased by speculators, and a similar result- appears tc have been produced in New Bruns- wick and Nova Scotia. In these latter colonies, therefore, the system of sale has added to whatever evils are produced by the existence uf the large tracts of appropriated but unoccu- pied land. None of the methods to which I have thus referred had, or were intended to have, any retrospective effect. They were prospective merely. Existing inconveniences were left untouched. All that was attempted was to prevent the occurrence uf similar inconvenienccH in respect of any future grants. The plans successively introduced and abandoned were designed as measures of prevention, not of remedy, and, as has been shown, they failed almost entirely, even in this limited, and it might perhaps be added, unimportant, object. There have, however, been efforts on the part of the Government to remove existini^, as well 08 to provide against anticipated evils. The measures adopted for this purpose have lieeii two : the adoption of proceedings to procure the escheat of grants in respect of which the conditions had not been fulfilled ; and the iinposition of a tax upon wild lands. The former has been attempted in Nova Scotia, New Brunswick, I'lince Edwnrd Island, and Lower Canada; the latter in Upper Canada and Prince Edward Island. In the first-named I'ro- vince, in which, as has been already stated, nearly the whole of the available land comprised within its limits was granted, as early as 1703, to individuals or companies residing for the most part in England, and where the result might be said to be the virtual annihilation of the colony, the intolerable evils thus occasioned led to early attempts to recover by escheat the lands so lavishly and iraprovidentiy alienated. The owners of these grants, however, many of whom had expended considerable sums in ill-directed and abortive efforts to im- prove them, resisted the attempt ; and from their position in England, and the influence they were thus enabled to exert, resisted it with success. It is difKcult to say how long this Province, the most rich in mineral wealth, and most accessible from Great Britain of all the British colonial possessions on the continent of North America, might have remained in the entire possession of these persons, had it not been for the necessity imposed upon the English Government of providing an asylum for the refugee loyalists from the Unil«d States. The Province of Nova Scotia, with its numerous and capacious harbours, its fisheries, and its mines, appeared as eminently titted to become the home of those mer- chants and capitalists of the United States who were desirous of remaining citizens of the British empire, as did Upper Canada, with its fertile soil, for the agricultural class of refugees. In order to afiora the means of settlement to persons of the former class, process of escheat was commenced against the proprietors of the unimproved land in Nova Scotia, and large quantitiei, were escheated, upon which these persons were established. Both the refugees and the Guvcmnient appear to have imagined tliat the settlements thus formed would maintain a successful rivalry in commercial enterprise with the cities on the sea-board of the United States. These hopes were, however, utterly disappointed. While the American cities advanced with unexampled rapidity, and extendecl their commerce in every direction,' the towns founded by these refugees began to decuy almost from the moment of their founda- tion, and speedily sank into a state of hopeless stagnation. The cause of the mortifying con- trast is obvious. The former were supported by the trade of a comlnunity rapidly advancing • ' m BRITISH NORTH AMERICA. » ' condition! ' la quite fair It he might :h he oouUi kfidt, and thii rule did d for eome- ailow them Imost every the coat of mt numbem m any coii- them. And uti manner, I were tome, I occupy the «• who had the land of n their way. - l« leading tu actual poai- B iensthened Hnpwled thn added there- )r, and with- raritism, led, Ja it appear* its framerB, il settlement. I shall have inadn, except ind waa pur- New Bruns- las added tu but unoccu- to have, an es were any left iiSK, process jfora Scotia, Both the lius formed le sea-board le American ■ direction, jieirfounda- lifying con- I advancing ill in numbers and wealth, whoae producU tbay exported to foreiffn countriea, ud wboit wants Appendix (D.) they supplied by importatioo. The latter were isolated establishmenU. fixed in a coantrv — — whKh not neiely bad but a scanty and impoverished population at the time, but which was closed against settlement by the early improvidence of the Government The attempt to establish great commercial towns in a Province which, from the want of a population to ' bring its great natural sources to account, had no exports, and, consequently, no imports^ neceisarily failed ; and all the wealth brought into the country by these refugees was in a very short period entirely wasted. The agricnltural settlers experienced a similar fate. The want of roads, and the scattered position of the population, fettered their industry ; while the institutions of their new country, from which every vestige of the municipal system of tht old colonies was jealously excluded, prevented them from applying tho«e remedies by which tlic citizens of the Unittd States have freed themselves from similar inconvenienoes. The progress of the colony, therefore, was slow and languid ; and even at the p'-sent time, after the lapse of more than half a century, only l-30tli of the granted land is under cultivation. Even in this case, therefore, the roost favourable that could be selected, the practice of pscheat may be considered to have totally failed as a remedy for the evils produced by excessive grants. !n the evidence of Mr. Morris and Sir R. Oeorce, with regard to Nova Scotia, of Mr. Baillie with regard to New Brunswick, of Mr. Lelacheur with regard to Prince Edward Island, and ofiMr. Davidson with regaid to Lower Canada, in all of which colonics escheats have been enforced or attempted, will be found abundant proof of its general inutility. As a measure of punishment merely it has had a small and partial effect ; but as a remedy it has been altogether inoperative. There remains for consideration only the measure of a tax upon wild land. This differs in one respect from all the other devices enumerated above, inasmuch as it has proceeded not from tne Home, but from the Provincial Government. There have, however, been only two colonies in which it has been attempted, Upper Canada and Prince Edward Island. In both of these the object with which it was proposed, was not so much to remedy the gene- ral evils produced by the existence of the wild iuiiu, as to compel the proprietors to contri- bute, at least in some small degree, towards the eeneral revenue of the colony. The tax, therefora, was not at all in the nature of a fine. Wild land was considered as a property, and, as such, an the legitimate object of a tax, but it was rated at a lesb amount tnan land under cultivation. The law imposing such a tax proposed in both colonies, has, in both, received the sanction of the Legislature. Its operation can, however, only be traced in one, since, in Prince Edward Island, the sanction of the Imperial Qovemnient was withheld from the Act by which it was imposed. In Upper Canada, where it has existeJ for nearly 20 years, its operation has been in a very slight degree beneficial ; and even the benefits which It has produced have been, to a great extent, counterbalanced by consequences resulting from the manner in which the law has been enforced. The tax upon wild lands in Upper Canada was firet imposed in 1820, or perhaps it should rather be said, that in that year measures were firAt taken to enforce its payment. A tax of this sort had previously existed ; but as it was merely a personal charge upon the owner of the land, it could only be recovered in those cases in which the owner resided within the district where his lands were situated. In 1820 it was made a charge upon the land, and the sheriff was authorized to sell the land in the event of nonpayment of the tax for eight yeara. By the Act imposing the tax, the assessment upon uny species of property can- not exceed 1 d. in the pound. The power of assessment is vested in the magistrates of the district, who also hove the role control of the funds produced from this source. Wild land is valued at 4«. per acre, and land under cultivation at 20ii. ; so that the tax upon the latter is five times greater than that upon the former ; and the utmost amount to which the owner of wild land can be subject under this Act, if the tax is regularly paid, is 1«. 8c{. per annum for every loO acres. There are, however, provisions in the Act ror augmenting the amiiunt of the tax if it is unpaid for more than a certain period ; and there are also some small additional charges imposed oy other Acts, to which wild lands are subject on account of the allowances to members of the Assembly, and the expenses of marking the boundaries of a township. The total amount, however, of all these taxes, supposing them to be unpaid for the whole period of eight years, is very little more than 4*. per 100 acres per annum. Of the amount raised from this source under the Act of 1820, only one-third, according to the stateweit of Mr. Robinson, is applicable to the making of roads; and this, being expended Min.ofEv.Q.iioi. ander . superintendence of an inrsponsible magistracy, is productive of very uttle advan- tage. Il appears, too, from the evidence of Mr. Kadenhuret, that the tax is levied only upon Min. of Ev. Q. 790, such wild land as has been actually granted by the Crown by patent, and that there are tt sea. upwards of 700,000 acres of wild land, private property, the patents for which have not been applied for, and the owners of which, consequently, escape the tax. L. addition to this amount, there are upwards of 1,000,000 acres sold to the Canada Company similarly circum- stanced, and the whole of the clergy and school and college reserves, amounting to 2,A00,000 acres; so that upwards of 4,000,000 acres, or more than a fourth of the appropriated but unoccupied land of the province, escapes all contribution to the tax. It can excite no sur- prise, therefore, that the produce of this impost should have caused very little perceptible improvement in the counti^. The tax, too, has been of very trifling advantage in stimulating the owners of wild lands to any efforts for the improvement of their property ; the amount is too insignificant to give an adequate motive for such an expenditure as might attract settlere, or even to induce a sale at a reasonable price. In fact, supposing the tax to be paid regularly, it would not in five yeara amount, for 100 acres, to the value of a single acre, at the present average price of public land. In this respect, therefore, it has been totally inoperative. It has, however, had S. — III. o 1 ont r^wsr 10 APPENDIX TO REPORT ON THE AFFAIRS OF Appeadix (B.) one beneficial effect, though this has resulted chiefly from the abuse of the power of sah^ — and has been small in comparison with what might have been obtained by a different system. In almost every case in which the tax was unpaid, the land wos owned by absentee proprie- tor*, many of whom, probably, were hardly aware that they had any such property. Land thus held was absolutely closed against settlement, since there was no possibihty of obtain- ing a title to it. As, htyvever, the practice was to put up for sale the wtiole of the land in tespect of which the tax was due, at just such a price as would defray the tax and the expenses of the sale, all or nearly all of these tracts of land, passed into the hands of resi- dents in the colony, or at least of persons who were known and might be easily found. It Min. of Et. Q.348. is stated by Mr. Kerr, that there was great collusion among the buyera at these sales ; and there is no doubt that they were in effect a measure of confiscation ; but it must be allowed that it was more for the advantage of the colony that these lands should be held by persona who would sell them, even at high prices, than that they should be altogether unattainable. Hers, however, the advantage of the tax ceased. The quantity of land actually held in a state of wilderness has not been diminished ; and the persons who have purchased at these sales are generally disposed to think that, as they have paid so small a sum for the land, they can afford to wait until they obtain their price for it. The estates of some wealthy landowners have been very greatly increased, but the improvement of the country haa been in none, or but in a very limited degree, promoted by the operation of this tax. This concludes the list of the dinereut measures adopted to prevent, or to cure those evils ^hich, in the language of the instructions of 1763, arose from *' tne granting of excessive quan- tities of land to particular persons, who have never cultivated the same, and who have tnei;e- by prevented others more mdustrious from improving such lands." All these measures in their turn have failed. Excessive quantities of land have been and are owned by persons who never intended to cultivate them, and who, in ftpite as it would seem of the plainest d: 'states even of their own interest, have closed them against those by whom they might have been improved. The consequences of this state of things are detailed in the evidence ap- Min. ofEv. Q.aCi. pended to this report. To use tlie words of Mr. Kerr, inconvenience is a very faint term to Employ in describing its results. Capital and labour have been wasted ; settlement has been prevented, or after a brief trial the attempt has been abandoned ; immigration has been cheiJied, and of the immigrants who have reached the colonies, more than naif have sought a refuge in the United States ; there are not, and tliere cannot be, any elKcient means for the ^ministration of justice, for education, for religious instruction ; few public works are under^ taken, and those which have been commenced are cnrried on languidly and wastefully ; and there is everywhere a lamentable deficiency of all those circumstances which indicate or advance civilization. It would be perhaps beyond the truth to attribute all of these evils to the manner iu which the land has been disposed of. Other causes have no doubt con- tributed to produce this result. But incontestably the main and primary cause has been the profusion ot Government in the disposal of the public lands. That the colonies slioulil be left in such a position as that which all the evidence concurs in describing, cannot assuredly be contemplated for a moment. Still less can the English Government persevere in encouraging emigration to thexe Provinces, unless perhaps in the case of those who, having no wealth out their labour, can without loss leave the colonies for the United States, as soon as they discover that in the latter the remuneration for labour, and the prospects of industry, are greater than in the former. If the Imperial Legislature will not devise a remedy for the evils 'which the Imperial Government has occasioned or sanctioned, at least it is the imperative duty of the Government of the present day to refrain firom adding to the numbers of thost; who, having been tempted by the offer of land, or induced by false or partial representations of the circumstances of the colonies, have been led to emigrate to their ruin. In fact, for the purposes of colonization, all these colonies may be said to be perfectly valueless at the piesent time. With the single exception of New Brunswick, the quantity of ungranted land remaining at the disposal of the Govern- ment, bears but a small proportion to the waste land the property of individuals, and is far less available for the purpose of settlement. And even in New Ilrunwick, the 11,000,000 acres remaining at the disposal of the Crown cannot be profitably occupied while the four und-a-half millions which have become private property remain uncultivated. Until the granted wastes shall be filUnl up with population, and intersected by available means of communication. Government is necessarily restrained from the exercise of one of its most important functions, by the risk of injuring those whom it designs to benefit. It will be expedient, doubtless, that some measures should be taken to regulate the future disposal of the waste public lauds; but this can be of no immcdiitte advantage. The wisc^st measure^ for the future must be nugatory until the evils of the past huve been remedied ; when this is done, it will be time enough to de'ermine the future proceeding)! to be adopted in refer- ence to this property. It may be urged that this is a matter chiefly concerning the colonies; one, too, upoQ which they have borne impatiently the former interference of Government, and with regard to which, therefore, they would be disposed to resent any legislation by the British Parliament. I have already referred to the general grounds upon which this objection rests ; but I may here call attention to the different feeling with which the colonists might be expected to regard u measure of the Imperial Legislature, of which the motive and object were seen to be tha removal of the very circumstances that have occasioned their complaints, from that excited by those proceedings of the Imperial Executive to which these circumstances have been owing. BRITISH NORTH AMERICA. ure those evils owing. But the mare uitioiiMtioB of the ponibility of mich an objection, can fonn no AppwdiK nA ground for refusing to entertam the subject ; and the concurrent statements of indiyiduals 6f almost every class in the colonies, landbuiders as well as others, show that the necessity of some Tax upoa Wild remedial measure is felt, and iu advantages fully appreciated. There may be some intereHto hi Lands, th'j colonies as well as in England opposed to such a measure, but this rather forms a reason . for the interference of Great Britain, oy whose policy these conflicting interests have ht6n created. The condition of the colonies, too, demands that some effbrv should be made ; and it is neither prudent nor just that the country that has occasioned should shrink from repair- ing the miscnief. it appears that any plan that can be proposed must partake of the nature of one or the other ot the two measures by which this has been already attempted. The one is the pr6- e^M of escheat ; the other the imposition of a tax. The effect of the former would be tu re-invest in the Crown large tracts, in respect of which the conditions of the grant have not been performed ; of the latter, to raise from the land a revenue for the improvement of the country, by means which would at the same time induce the owners of the wild land to make some effort to settle and improve their property, and which would ftusilitate the suc- cess of their endeavours. It must be confessed that the failure of all the attempts that have been made to carry the former plan into effect, forms no sufficient argument against its employment for the future. Tlie measures adopted for the purpose have been so incomplete and desultory, so partial in their scope, and inadequate in tneir machinery, and so completely withont any guarantees for the wiser disposal of the land which might be thus recovered for the public, that their ill-success proves nothing against the principle of the proceeding. But there are in the circumstances of the colonies, and in the nature of the conditions imposed upon the grants, reasons which appear to render the adoption of any such plan inexpedient for the future. In many cases the fulfilment of the conditions upon which grants were made, has been rendered impossible by the Goveitiment. In the two Canadas especially, the Crown and clergy reserves were alone suflirroperty depends upon the extent to which such objects are etfected. It is, indeed, a singu- ■r plea, that those whose industry gives value to a country should be highly taxed, in order that those who have done and determine to do nothing for this purpose should— for that is the necessary result — obtain a more certain market and a higher price for the property which they hold. It may in truth be said, that the wild-land proprietors are even more interested than any other class in the imposition of such a tax. Paying, as they will, and as they ought, at first rather largely in proportion to the piesent value of their land, they will almost immediately find that the value of their property is increased in a very far greater ratio ; while, as the alternative, if no such measure be adopted, thev will discover that, though the nominal value of their land may continue the same, tliere will be every year less opportunity of findiuE purchasers. It may be well, too, to contrast the opinion formed by landholders who reside upon the spot, and who witness the actual operation of the present system, with that of these gentlemen who judge only from report ; and when it is found that the one advocate, as essential to their welfare, a measure which the other deprecate as ruinous, no one can, I imagine, hesitate in preferring the former opinion. I pass now to tlie consideration of the measures which should be adopted in reference to the public land which yet remains ungranted, with a view to the prevention for the future of circumstances similar to those that the proposed tax is designed to remedy. Any system adopted in the disposal of the public land should be simple, uniform, and equal ; and while it prevents the acquisition of land, except by those who intend to use that which they ac- quire, should afTord every facility of selection and acquisition to such persons. No system hitherto adopted, in any colony, and the present probably in as little a degree as any, ap- pears to possess any of these charactenstics. The system now in force is complicated, irregular, and partial ; it neitlier check« the acquisition of land by those who do not intend to improve it, nor facilitates such acquisition by those who do. The evidence of Mr. Davidson, of Mr. Kerr, and of Mr. Christie, with rpMrd to Lower Canada; of Mr. Sullivan, of Mr. Thornhill, of Mr. Hawke and of Mr. BouTton, with regard to Upper Canada ; of Mr. Morris and Sir R. Ucorge with regard to Nova Scotia ; and of Mr. Baillie with re- gard to New Brunswick ; describe with nore or less minuteness the general objections to the present system. None of these gentlemen urge any merely theoretical objections to the principles upon which the present plan is founded. They all speak upon a practical experience of the manner in which it operates ; and some of them in particular, from their ofiicial character, and their long and familiar acquaintance with the details of the system, are entitled to e8|)ecial weight when they conic forward to expose its errors. There are three particular defects in that system, to which it appears needful to advert for the purpose of explaining the grounds of the plan which I shall recommend in substi- tution of that now prevailing. These are, the want of sufficient liberty of selection ; the facilities affordea for a premature or excessive acquisition of land ; and the difficulties and delays in obtaining a title after the purchase is completed by the payment of the whole purchase-money. The plan contained in the Treasury instructions, under which the practice of sale was introduced, and continued to the present time, by making tite Governor the exclusive judge of the quantity which ought to be put up for sale ; and by requiring that all sales should be by auction, has necessarity prevented any freedom of choice on the part of the purchasers. It appears, for instance, that in Upper Canada less than a fiflli of the dispruc general rules. It is true, that, as stated by Mr. Iladeuhurst and Mr. Davidson, an individual desiring a particular lot, might make a special application to have it put up for sale, and that his application might be favourably received by the Governor ; but leaving on one side, as not likely to occur, the chance of his application lieing rejected, he would have to wait for some consi- derable period, while the lot was advertised liir sale. During this period his expenses might far oxcead the price to be paid for the lot ; and there would dc a great risk of his being at >'-f ,.^ BRITISH NORTH AMERICA. Sft tanley, when I branches of lo have been 10, in consfr- 'he objection e property is ought to btt the principle ion was only I land. Nor ied upon the ice of which, probably, of But the fact towards pro- wbich every and in which ue of whose eed, a sinEu- ixed, in oi3er 1— for that is operty which are interested and as they ly will almost greater ratio ; t, though the s opportunity y landholders system, with 1 that the one s ruinous, no 1 reference to the future of Any system il ; and while rhich they ac- No system ! as any, ap- complicated, u not intend ence of Mr. da; of Mr. per Canada ; .illie with re- objections to ibjections to in a practical r, from their the system, jiil to advert Id in Mubsti- |>f selection ; \e difficulties lof the whole I of sale was llusive Judge Bs should be I purchasers. I Crown land len tlie cose, ^cted by the iild occupy, Iract of land pal, having It is true, particular I application M likely to pome consi- pnses might lis being at iMt last overbid by some person whose attention had been drawn to the tract he desired to purchase, solely in consequence of his application. Without dwelling on the abuses of the system, such as are described by.Mr.'l'nomhill> (which must nevertheless have been exceed- ingly injurious), because they result from a violation of the rules by which the Commissioner ofthe Crotvn lands ought to have been guided, I select two instances of this result of the plan of sale by auction, at the discretion ofthe Governor. One is described by Mr. Kerr, in which applicants for a special survey and sale, ailer obtaining the consent ofthe Governor, and paying the expenses oi survey, did not, in consequence of the system of auction, obtain more tiian a tenth of the land for which they had applied, the remaining nine-tenths being purchased by speculators. The other is the case ot the sale in Gaspe, refencd to in the evidence of Mr. Davidson and of Mr. Christie. This case justifies a particular notice, be- cause it exemplifies very forcibly the defects ofthe system. It appears that in 1836 an appli- cation was made for the special survey of 02,000 acres of land in the district of Gasp^, by some gentlemen, who undertook to purchase at least 60,000 acres of the land surveyed. The appli- cation was duly transmitted by the agent for the sale of public lands in that district to the Com- missioner of Crown land. That gentleman, on the receipt of the application, recommended to the Governor, that 36,000, andnot 02,000 acres, should be surveyed and offered for sale. The Governor approved of this recommendation, and gave the authority required. At this point the matter would probably have rested, if the decision ofthe Governor had been acted upon, since the applicants would not have thought it worth while to incur the expenses con- templated for an amount of land inadequate to the purpose for which they desired to pur- chase it. In this case it would have been an instance in which the discretion vested in the Governor would have been exercised in a manner to prevent the disposal ofthe public lands. But the Commissioner of Crown lands, upon receiving the authonty for this limited sale, immediately directed the agent to survey and sell the whole amount of 02,000 acres. This was accordingly done. At the sale the original applicants purchased less than two-thirds of the land put up to auction ; the remainder being bought by rival speculators. Cases of this nature, and especially such as the former, must necessarily tend to deter intending pur- chasers, and to retard the settlement of the country. And these cases, in both of which the object of the special applicants was to a very considerable extent defeated, appear to have been the only two instances of special applications for the purchase of lands not included in the regular Goveinnient sales. I shall advert hereafter to the operation of the system of sale by auction, and to the grounds upon which it has been defended, for the purpose of explaining the reasons which induce me to recommend that it should be abandoned for the future. I have referred to it at present only for the purpose of pointing out this particular injurious consequence of the system. The practice of accepting payment by instalments for the land sold by the Crown, appears, from tne concurrent testimony of those who have had the most extensive opportunities of witnessing; its effects, to have operated very injuriously. It has induced many people to become holders and cultivators of land prematurely, before they had either the capital or the experience to fit them for this new position. Mr. Sullivan, Mr. Thomhill and Mr. Hawke, especially the last named gentleman, whose ofiice as chief a^eut for emigrants in Upper Canada has given him peculiar facilities for witnessing the working of this practice, describe forcibly its evil results. To use the words of Mr. l^awke, " it has the efiect of converting a number of useful labourers into indigent and useless farmers." The position of such per- sons appears to be in every respect inferior to that which they had previously occupied as labourers ; and while they suffer from the want of the requisite knowledge and capital necessary for the due cultivation of their land, the colony is injured by the loss of valuable labourers. A very few years would have sufficed to place them in a condition to have gone upon their farm in comfort, and with the means of cultivating it profitably ; and they would have waited until those means were at their disposal had they not been tempted by the small sum which sufficed to give them a temporary and insecure possession of loo acres of Government land. In Lower Canada the low price at which Government land has been sold (a great part lit less than 3s. d. per acre), has led to the acquisition of very large tracts by individuals who hold thcni merely in the hope of being able at some future day to sell them at a profit, without any intention of improving thcni in the mean time ; and in New Brunswick and Nova Scotia a similar result appears to have been produced. The difiicultiss r.i the way of obtaining a title in Lower Canada are described with great force by 'Mr. Kerr. It appears from the testimony of the same gentleman, tliat fifteen months is the average time occupied in obtaining a title; iind as the settlers who purchase land generally reside at a considerable distance from Quebec, where alone a title can be procured, it ;s absolutely necessary that they should employ an agent ; and this necessity must very greatly enhance, to purchasers of a single lot, the cost of their land. In all the colonics the same central system prevails, and in all similar incon- veniences are experienced ; though the singularly useless complication of process which prevails in Lower Canada, and the inadequate scale upon which the land granting offices in that Colony are constructed, especially in the inferior departments, have made the actual time occupied in obtaining a title far greater than in any other province. In Upper Canada this evil lias been palliated by a recent Act of the Provincial Legislature, which makes it imperative upon the Commissioner of Crown Lands to transmit free of expense to the agent of every district, the title for all land which may have been sold within the district. Ill recommending a plan for the future disposal of public lands in all the colonics, the main feature of which is that they shall be sold at a hxed, ana not at an upset price, it may be thought iieceggary that some reason should be given for such a departure from the practice which has been so long estublislicd in each colony, and which apparently prevails in tlic United States. 3.— III. a I say Appendix (B.) Crown I.ands. Mln. Ev. Q. 893, ^ seq. Min. Ev. Q. 307. Min. Ev. Q. igo ft 317. Min. Ev. Q. 459 et seq. Min. Ev. Q. 964. Min. Ev, Q. 895, etieq. Miu. Ev. Q. 101 1. et seq. Min. Ev. Q. 327. m ■^ w^ U1 i t 5l 1^ ii I i«^ APPENDIX TO REPORT ON THE AFFAIRS OF Appendix (B.) I' say apparently prevails ; for in tmth the system of auction in those States is even mow nominal than in the British provinces. It is true that all the public land in the Union is in Crown Lairds. the first instance oflered for sale by auction ; but the nght of pre-emption allowed to actual occupants takes from under the operation of this system nearly all those lots which would be likely to excite competition. And whenever the land has been offered for sale, it is open at the upset price to every applicant. 1 am not aware that any accurate information exists upon this subject, but from what I could learn from individuals who had resided for a con- siderable period in those new States of the Union where land speculation was most rife, the proportion sold above tlie upset price was so small as to make the system practiciilly a sale at an uniform fixed price. But whatever may be the - "tice established by precedent or sanctioned by usaee in the colonies or elsewhere, the pi -• object of inquiry appears to be, whether the assumed or real advantages of that system are sufficient to outweigh the inconveniences it produces ? It is by this test alone that any system can fairly be tried ; and if *h\s test is applied, it will, 1 think, appear that the present system is one that it would be wise to abandon. Even prior to any practical experience of its working, I believe that it might have been concluded that the system of auction was one which was not applicable to the circumstances of a new country ; and experience has supplied the proof that such a conclusion was well founded. It is pro- bable, indeed, that the practice was adopted partly with a view to guard against favouritism, but chiefly because of tne very irregular practices which it superseded, and which had left at the disposal of the Crown, lands ofsuch very unequal value; and not from any opinion of the general utility of the n. jlhod. Even if the object of the Crown in the disposal of the public lands had been, which it would seem it ought not to be, the raising of the largest possible amount of revenue from this source, the very nature of the property to be disposed of would make the system of sale by auction inadequate to this end, unless indeed there had been coupled with it such a limitation of the quantity of land brought into the market as would have occasioned a high de^e of competition amongst the buyers. But in the way of such a result there were two insurmountable obstacles ; the one, the existence in the colonies of tracts of land the property of private individuals ; and the other, the facilities of acquiring land in the neignbouring States. Both of these rendered it imposttible that Crovrn lands should be sold above a certain price ; and the price for which they might fairly be sold would have been with the utmost certainty secured by the adoption of a fixed price. But there was in none of the colonies any such limit of the quantity exposed for sale as would have been required Min. Ev. Q. 964. to produce competition. The consequence has been, to use the words of the Commissioner of Crown Lands for Upper Canada, " that the system of sale by auction is a cumbrous dead letter, from whicn the public receives no advantage, while the settlers are seriously de- Min. Ev. Q. go. layed in their locations." In all the colonies the system appears to have been attended with similar results. Mr. Davidson, the Commissioner of Crown Lands for Lower Canada, says, that the number of lots for which a higher price than the upset price has been obtained, do not amount to more than 1-auth of the wnole ; so thot if the system of selling by auction were adopted for the purpose of raising a revenue, it must be considered to have failed in that respect. But allowing for a few unimportant exceptions, and they would be exceedingly few at the present time, the very object for which the plan of selling by auction in certain cases is now defended, is one which Government ought not to pursue. The opportunity of r)btaining a favourable lot at the fixed price of all flovemment land, is the proper reward of the trouble and sagacity of the indiviH.4ai who has discovered it, and the appropriate stimulus to well-directed incursions upon the wilderness. But the practice of selling by auction tends to deprive such |)ersons of the natural fruits of their skill and enterprise, in order that some insig- nificant pecuniary advantage may be reaped by the public. It is true that a mill seat, or ii fiivourable situation for a town, may, under the jiresent system, sell for ten or twenty dollars an acre, instead of one or two ; but the ch-r.cc of being outbid at auction must deter person^) from attempting to discover such locatioiis, and check in a degree which it is not easy to appreciate the general enterprise of the colony. Gaining some inconsiderable fraction upon the aggregate amount of sales, Government still further represses that spirit of adventurous effort which there are already too many circumstniices in the present position of the colonies to check. The profit may be counted in dollars; the loss it would be difficult to estimate. It would, in fact, appear, that all the land in the colonies might be sold' by auction with less public and personal injur)', than those lots which, singularly enough, have always been selected as the portions of the province which were to be alienated with the greatest reserve. Agreeing in the opinion pronounced by all witnesses as to the inutility of the system of auction in those cases in which it has been proved to be inoperative, I rptjard it as especially injurious in those cases in which it has produced its intended result. While for the reasons thus slatecopled districts, the present inhabitants of the loss populous parts of the country would gain much more from the making of roads in their neiglibour- hood, not merely on account of its removing one of the chief obstacles to their progress, but also because of the market which would be thus brought home to their door, by the expen- diture of the Government, in these public works, than tney could lose in the temporary check to settlement assumed by the argument to be the result of the plan. With respect to the other aspect of the question, the supposed tendency of an uniform price to lower the value of land in those districts where at present it is highest, it may be doubted whether any such price as would be fixed by the Government could have that effect. Population is one ot the chief elements in the value of land. Where population is most dense, there invariably the price of land is highest. Any addition to the population of a.— 111. B 8 a district Appendix (B.) , Crown Lmds. Min. Ev. Q.968. Mia, £v. Q. 1014. Min. ofEv.Q.Soi. M i i 'tn I ■■• ts APPENDIX TO REPORT ON THE AFFAIRS OF 1 Crown Luds. Appendix (B.) k diBtrict must therefore, it would appear, have an influence in raiginc the value of land ; and this to a much greater extent than the lower price of Oovemnieiit land could have in de- preMJng it. In proportion too a* population is dense at present, the quantity of public land yet remaining undisposed of must be inconsiderable ; and tlius where the assumed injury would be greatest, the power of inflicting it would be leaA* The argument which has been urged against the adoption of an nniform price appears therefore not merely to be founded upon a misconception of the real facts of the case, but to be erroneous, even upon the assumption that the facts arc such as it presupposes. For, further, the price to be fixed as that at which all public land is to be sold, ought not be a mere arbitrary amount. It should be just that price which, having reference to all the circumstances of the country, appears most calculated to facilitate settlemen', and at the same time to check both an excessive and a premature acquisition of land by settlers. It ought to be so low as that no one who poHsesscs the means ofimproving the land, should be deterred from purchasing it, and so high that no one should be tempted to acquire it before he possesses these means, or in greater quantities than his means will enable him to occupy with profit. In the North American colonies also there is a further consideration which must be kept in view in fixing the price, which it is to be feared will in some degree interfere with the latter object. The price of land must not be so high as to drive purchasers into the United States, in order that they may avail themselves of the low price at which public land can be procured there. But having in view the objects above described, it may fairly be doubted whether any consideration of circumstances, necessarily both partial and tem- porary, ought to prevent the adoption of such a price. Government ought not, it would appear, to affix upon any portion of the public land a price unduly restrictive of appropriation, in order to keep up the price of land held as private property ; nor ought it, on account of any supposed cneck to settlement, to fix a price which would encourage the appropriation of excessive quantities of land, or tempt individuals to settle themselves upon land, which they had not the means of cultivating. The dearly-bought experience of past years would indeed be fruitless if now, from any such motives, these worst errors of former proceedings were to be renewed in any new plan. Upon every ground, therefore, it appears expedient that the price of public lands should for the future not only be fixed but uniform. The price required for public lands, also, should be payable at the time of sale. The prac« tice of accepting payment by instalments, which has been continued in Upper Canada, in violation of the instructions of Lord Glenelg, besides inducing a premature acquisition of land, has the further effect of rendering altogether nugatory whatever price may be fixed upon public lands, at least with respect to that laud which is purchased by the poorer class of settlers. It is stated by Mr. Sullivan that no measures can be attempted safely to enforce the payment of the arrears now due from persons of this class ; and Mr. Hawke gives an instance in which Government has actually abandoned claims of this nature to the amount of 30,000 1. The system of sale by instalments had been tried and abandoned in the United States long previously to its adoption in the North American Colonies. It was abandoned, not merely because of the impossibility of obtaining payment of the arrears, but also because of the danger to be apprehended from the existence of a large body of settlers in all of the new States, who were supposed to be favourable to any proceedings which, by weakening the authority of the Government, might diminish its power of enforcing payment from them. Without inouirine how far any of the settlers in Upper Canada are under the influence of any such feeling, I may venture to state my opinion, that it is unwise to give to any class so powerful an inducement to assist or acquiesce in any change of Government, as is afforded by the prospect of escaping from a heavy debt, and of acquiring an absolute instead of a qualified and insecure title to the land they occupy. I therefore recommend, that the whole purchase-money of public lands should be paid at the time of purchase. At this uniform price, all public land should be 0|>en to purchase by everybody in unli- mited quantities. The attempt to fix a limit to the amount which an individual may acquire, must indeed be always practically unavailing, because it is impossible to prevent any one who desires to become a purchaser of a quantity beyond the assigned limit, from acquir- ing such larger quantity in the name and through the instrumentality of others. But if it could be successful, it could have no other result than that of checking enterprise and retarding settlement. The adoption of any measure of this kind, too, is a tacit confessioa of the inadequacy and incompleteness of the system which requires such an adjunct. It amounts to an acknowledgment tiiut the price of land is so low as to tempt individuals Ut acquire land which they do not intend, or are unable to improve. If the price be sufficient, then the larger the amount of land purchased, the more effectually will the purposes of Government be accomplished. The limitation of the quantity to be disposed of, is a cum- brous device for effecting in an indirect way an object which Government confesses itself unwilling or unable to enect directly; an' like all such devices, it fails in the very cases against which it was specially intended to provide. Tlie ground commonly assigned for the adoption of some limit, is the necessity of guarding against the acquisition of land by speculators. In all our North American colonies, tlie feeling in which this practice has onginated, prevails most extensively. Everywhere com- plaints are heard against speculators ; and most of thewitnesses examined in reference to this subiect, attributed the evils endured by the country to the extent to which speculation in wild lands had been carried. It is difficult to suppose that an opinion so deep rooted, and so widely difl'used, could be altogether unfoundea in fact ; but tliat it should liave any sub- stantial foundation, marks most h)rcibly the extent to which the lavish pioceedings of former Governments have affected the prosperity of the colonics. In the United States of America, much Miii.ofEv. Q. 970. Mio.ofEv.Q.ioo6. h^ ;*■" >f land ; and have ill de- :y of public be assumed inent which nerely to be I, even upon , ought not :e to all the and at the aettlers. It d, should be lire it before m to occupy ■ation which ;ree interfere chasers into which public it may fairly ial and tem- not, it would ppropriation, n account of kppropriatioa land, which years would ■ proceedings lands should B. The prac- r Canaaa, in cquisition of ■ice may be >y the poorer noted safely Mr. Hawke nature to the bandoned in ies. It was arrears, but y of settlers which, by ing payment under the e to give to nment, as is lute instead d, that the lody in unli- }vidual may prevent any Tront acquir- >ra. But if terprise and It coufession idjunct. It lividuals to Bufficieut, mrposes of ', is a cum- fesses itself very case* of guarding |>lonies, the vhere corn- ice to this pulation in Died, and le any sub- Is of former ^f America, much BRITISH NORTH AMERICA. tt much of the prosperity of the new States is attributable and is attributed to the operations of speculators and land-jobbers. More money has been invested, and with greater profit to the individuals and the community, in this, than probably in any other way. But the American - speculator is actively employed in endeavouring to give value to his land ; while the Colo- nial speculator is content to wait passively until the gradual increase of population and the progress of settlement have effectra this object for him. The former desires, and takes the means to obtain, a large immediate gain to himself; the latter consoles himself with the re- flection that he has acquired a property which will be valuable to his ^ndchildren. The one immediately occupies himself in making roads, laying out the sites of towns, building mills, taverns and churches, and thus attracto a population, which enables him at once to secure a large profit upon his investment. The other allows the land he has purchased to lie waste, and thus not merely to remain as unattractive to settlers as when it was purchased, but to i.apede the course of settlement around. In proportion to the extent to which speculation is carried in the States of the Union, the growth and prosperity of the district are stimulated ; while in the colonies the extent of specula- tion IS at once the indication and the cause of stagnation and decay. But little money is invested in the purchase of land in the former country without yielding a large profit, but in the latter, laise sums have been invented at a loss. It is impcssible to ascribe so striking a difierence in the nature and results of the courses pursued in the two countries to any difference of character in the people by whom they are Mopted. This may have some effect ; but the real cause of the diiference is to be found in the different circum- stances of the two countries, produced by the opposite practices of the Government. A colo- nist who should purchase land in the States would be impelled to improve it by the certainty of obtaining a large profit upon the capital thus invested, as well as by the contagious influence of the general spirit of enterprize and progress ; while a native of the United States who should purchase land in the colonies, would be checked in any expenditure intended to increase ite value, by the certainty of incurring a heavy loss. But the remedy for the evils now produced in our colonies by speculation in land, is not to be found in any necessarily unavailing attempts to deter or check speculators, but in removing the causes which give to speculation its present stagnant and repressive character. So soon as the holder of land finds tnat money invested in its improvement will quicken and augment the returns which he expects eventually to obtain from it, we may be assured that the work of improvement will begin ; but until this is the case, it is of course fruitless to anticipate any change in the pre- sent practice. As, however, the measures already proposed for the imposition and appli- cation of a tax upon wild lands may be expected to effect this object, with regard to lands already disposed of, and as the same measures will have a tendency to prevent for the future any similar consequences to those which they are intended to remedy, it appears that facili- ties should be given to speculation, rather than obstacles be thrown in its way. In fact, it may almost be said that one of the objects which Government should propose to itself in any plan for the disposal of the waste public lands, ought to be to encourage the investment of capital in the purchase and improvement of land with a view to iU resale. Not merely, however, ought there to be no limitation in ihe amount which any individual may purchase ; still less should there be any limit as raspects the position or character of the land. There should not be, under any pretence, or for any purpose, a portion of the colony closed against purchase or settlement. Every reserve, of whatever nature, or to whatever object it may be destined, should at once be thrown open to acquisition, upon the same term» as the waste public lands still unappropriated. School and college, and clergy reserves, must, in justice to the public, be brought at once into the market. To permit of the continuance of the present, or the formation oi any fresh reserves for public purposes, would be, 1 will not say to peril, but to prevent the success of any plan. It woula indeed be an act of palpable imustice, while imposing a tax upon the proprietors of land held in a wild state, on account 01 the injury which their property inflicts upon the public, to keep two millions of acres in one colony still a desert. The persons upon whom the proposed wild land tax would fall, appear to be reconciled to its imposition, because, as they conceive, it is to be part of a com- plete and effectual measure for the removal of all the oostocles to settlement presented by the present position of the colonies. If, however, the measure be so incomplete as the per- mitted continuance of the existing reserves supposes, it would be vain to hope that these individuals would acquiesce in that part of it which presses particularly upon them. Nor can it be denied that, under such circumstances, the proposed tax would wear in some degree an appearance of injustice, nor that it would be vain to hope for any marked success for the plan of which it forms a part. It is obvious, indeed, as has been confessed by every person who has made inquiries- upon the subject, that such reserves are most wasteful in their operation. The object contemplated by Parliament in establishing the system of clergy reserves, could not have been obtained in a more injurious manner. In order that there might be a wealthy chureh in the Canadas, free from the odium which it was supposed must attach to it if sup- ported by any direct impost, it was endowed with land which, valueless in itself, could only become valuable by the labours of the settlera in its neighbourhood. But these reserves, had more influence in retarding the progress of settlement, than the laboura of the settlers had in increasing their value. The prosperity of the colony was greatly retarded, but the value of the lands appropriated for the clergy wos but little augmented. The average price per acre at which the clergy reserves in Lower Canada have been sold, is less than A ». ; and though there have been apparently well-founded complainte against the late commissioner for the sale of clergy reserves in that Province, on account of the wasteful nature of the sales which he made, these complaints refer but to a small portion of the property, and th« 3.— III. K 3 average' Appendix (B.) Crown Land*. 'Ill T^F -r<^ ,1^ ' i l!' i ■ w APPENDIX TO REPORT ON THE AFFAIRS OF Appendix (B.) V Title tu Lands Minutes dence. of Surveys. average price would probably have been raieed in only a very trifling degree if no lacli waste haid occurred. In Upper Canada, the small proportion which has ueen sold, has, under the system of sale by auction, and of accepting payment by 10 annual instalments, pndnced toe nominal amount of 1A«. per acre. Yet tnis can by no means be taken as a fair test of the value of these reserves in general, and has only been obtained in respect of the sixth which has been sold, after their injurious effects upon the community had been experienced for nearly half a century. It would be difficult to And many instances of so small a gain purchased by so lanre an injury. I have in a previous part of this Report adverted to the dissensions produced by the nature of the purpose to which these reserves have been destined. And I may suggest, that whatever may be the determination of Qovemment with regard to the appropriation of the funds produced by the sale of these reserves, the difficulties in the way of the adjustment of that question, cannot but be greatly diminished by the removal of those injuries which the actual reservation of land has indicted upon the colony. When the obstructions to progress, occasioned by these vast tracts of appropriated wilderness no longer exist, it may oe expected that, aa one great cause of irritation is destroyed, parties will discuss with more calmness the claims of those who now demand to engross or to divide the funds whicli they produce. In expressing thus decidedly the opinion which I have been compelled to adopt with reference tu these reserves, I may mention tha^ my remarks apply only to the actual reservation of land from settlement. Whatever purpose the reserves were originally, or may hereafter be, designed to fulAI, would be as certainly accomplished by setting apart a corresponding portion of the proceeds of future sales of public lands ; and the sum pro- duced by the sale of the existing reserves will of course be disposed of in the manner deter- mined upon with respect to that which has been already received from this source. It would be obviously necessary that any plan for the future disposal of public lands should contain a sufficient provision for giving to the purchaser a complete and satisfactory title for the land purchased. Any unnecessary delay or expense in obtaining a title, not merely operates as an useless and injurious addition to the cost of the land, but has a tendency to deter purchasers, and thus to retard settlement. The complication of every system hitherto adopted in the ilitl'erent colonies, has been a natural result of the want of all real i'e8|)ongibility in the land-granting department. But like almost all similar contrivances, this multiplication of checks has not only failed tu effect its purpose, but has produced fresh evils in addition to those it was intended to prevent or remove. The evidence which e .• has been given on this subject by Mr. Kerr, Dr. Baldwin, and others, exhib'ts the evils of delay and uncertainty in obtaining titles; and the present state of the Crown lands in all the North American Prjvinces sufficiently proves how utterly unavailing the reference to different offices has been, as a means of preventing excessive or improper grant s. The system which I should recommend for the future, is one similar to that practised in the United States ; partially introduced into Upper Canada by the recent Act of the Provincial Legis- lature for regulating the disposal of^ public lands ; and most successfully pursued under the authority of an Act of the Imperial Parliament in the new colony of South Australia. Forms of deeds should be prepared, requiring only to be filled up with the name of the pur- chaser, and the description of the lot purchased; and the signature of the chief agent for the sale of lands in the district should be required to give them validity. In the meantime, until this signature is obtained, a certificate of payment of the purchase money, in respect of a particular lot, should be given to the purchaser ; to be exchanged for the deed at a certain fixed period ; and in the meantime to be transferrable by assignment. In this manner every purchaser would at once possess a marketable title ; and the necessary time could be allowed for any system of issuing and registering titles which it might be tliougiit expedient to adopt. There is one essential preliminary to any plan for the disposal of the public lands, without which it is impossible that there should be certainty or regularity for the future — the survey of the whole land of the province, whether granted or ungranted. It is not easy to exagge- rate the confusion and errors which prevail in all the colonies with respect to the existing surveys. With very few exceptions, no man can be said to possess a secure title tu his land, or even to know whether the spot upon which he is settled, belongs tu himself or to his neigh- bour, or the Crown. Lots which, according to the diagram in the surveyor-general's office, appear to be of regular figure and of equal dimensions, are in reality of the most varied furin and unequal size. A grant from the Crown which professes to convey 200 acres, has in reality conveyed a quantity varying from 120 tu 280 acres. In many cases, tuo, lots have been granted which have been found to have no existence, except upon the map. Even at the present moment, these errors arc productive of much inconvenience, and of considerable litigation. But their present effects form no measure of the injuries which may be anti- cipated from them. Land is not now of sufficient value, in the greater part of every pru« vince, to induce its owners to adopt ineasures to ascertain or enforce their rights. In many cases, too, the occupier of a lot lias U3 neighbour who could dispute his claims to the buundaries assigned or assumed to his property. But in proportion as the increase of popu- lation gives value to land, and fills up the intervening vacancies between settlers, it is obvious that questions of boundary and title must arise, which under the existing state of the surveys can only be settled by legal proceedings, and which must furm an uouudant and interminable source of litigation. The circumstances that have hitherto prevented these consequences from occuring in any great degree, place it still in the power of the Government to adopt measures of prevention. A fresh and accurate survey would define the BRITISH NORTH AMERICA. M die boundaries of all loU ; and if this were accompanied by an enactment, securing to actual Appendix (B.) iettlere, land upon which improvements had been made upon the faith of exiatinff tar- ^— Tcys, or which was obviously necessary to enable them to enjoy the benefit of such im- SurveySt provements, all substantial injustice would be avoided. Tniji could not, it is true, be effected without considerable expense ; but that would surely be a false economy which should perpetuate evils so |;reat as those which must arise from this cause, on account of the expense to be incurred in their removal. Moreover, this reform is but part of a general mea* sure, which will itself provide the funds for carrying it into execution. There is anotherHuliject upon which it is I believe absolutely itecessary to legislate. Through- Squatttrs. out all of the North American provinces a very considerable portion of the population consist* of squatters ; persons, that is, who have settled upon land the property of tne Crown, or of Private individuals, without a title. The causes of this irregularity arc various. In Upper and ower Canada it has arisen chiefly, if not entirely, from the difficulties, often amounting to impossibility, in the way of obtaining land by persons of no influence who desired it for actual settlement. The profusion of the Government in granting land has, in fact, placed serious, and, in many caxes, insurmountable obstacles to its acquisition, by those who had but little property, and no influence. While the utmost facilities were afforded to those whose only object in obtaining a grant, was to profit by a future sale of the land, there has been in effect, if not in intention, an equal niggardliness with respect to those who would have improved their grant. In many cases, also, it was impossible, without the expense of a journey to the capital of the province, to ascertain whether or not the land upon which a person was desirous of locating himself, belonged to the Government; and even when this point was ascertained, there was no certainty of being able to acquire it. In Upper Canada, in addition to these difficulties, the Alien Law, wiiich was passed shortly after the last war with the United States, has rendered it iinpomsible for an American citizen to obtain land from the Government upon any terms. The result of these circumstances has been, that no small portion of the actual settlers are persons who have no title tu the soil which they cultivate. This is not merely injurious, by rendering their mode of husbandry slovenly and exhaustinc, but it has also rendered them lukewarm in their loyalty to a Government under which they have no security for the enjoyment of the fruits of the>r labour. It may, perhaps, be argued, that they are not entitled to this advantage, and that they ought to bear the consequences of their illegal and unauthorized occupation; but without entering into the question of the absolute right of tiiese persons to the enjoyment of the property which they have created, it cannot, I think, be deemed that, under all the circumstances of these colonies, it is expedient to add this great practical grievance to those causes of dis- satisfaction which alreuay exist. The habits of the whole population of North America, and the laws of the United States, have given a sanction to the practice of squatting, which has been confirmed in this cose by the negligence of the Government, or of the non-resident proprietor. In the Lower Provinces, the practice is attributable in part to similar causes, but chiefly, apparently, to the absence of all other means of obtaining a livelihood. In Nova Scotia end New Brunswick, but especially in the former, emigrants on their arrival can find no employ- ment for wages. The profusion of the government in granting its land has checked to so great an extent the prosperity of these provinces, that the actual settlers are too few or too poor to be enabled to employ labourers ; and an emigrant, therefore, must either proceed at once to the United StnteH, or, in order to support himself, must occupy the first vacant lot, from the cultivation of which he can alone procure a livelihood. To disturb a possession occasioned by such causes would be unjust as well as inexpedient. There may be particu- lar cases which do not merit any indulgence, but it would be impossible to separate such from the mass ; and, therefore, there should be some provision by which all persons occupying land to which they have no title, should be, if not secured in the possession of the land they occupy, at least guaranteed the full benefit of their improvements. With respect to those who have settled upon govenmient land, this may be easily effected by allowing them to become purchasers at the uniform price of public lands, as has been already done in Lower Canada, by a proclamation of your Excellency ; and, if needful, even allowing 11 certain period within wnich the purchase money may be paid. With respect to those who occupy land, the property of private individuals, it would be necessary to pass a law entitling them to compensation for their improvements by valuation. Such a measure would not only give a great immediate stimulus to the industry of tiie country, but it would have a most useful effect in confirming the loyalty of many who are at present described as looking with hope rather than reluctance to the subversion of the existing government. ,({¥ m w It also appears expedient that public land in all the North American colonies should be open to purcnase by all persons, to whatever country they may belonp; ; requiring, if neces- sary, that the subject of a foreign power should at the'time of purchase take the oath of allegiance. Such a measure appears especially desirable with regard to citizens of the United States. No people are so adapted to encounter the fatigues and privations of the wilderness ; none form such efficient pioneers of civilization. In both the Cunadas almost every settlement which has reached any degree of prosjwrity has been commenced by persons of this class ; and it is impossible to conceive a more striking contrast than is f'limished by the present state of settlements thus formed by persons who had no pro- perty when they entered the bush, as it is termed, but an axe and a camp kettle ; and that of settlementg formed by British emigrants possessed of considerable capital. 3.— III. £ 4 The % 39 APPENDIX TO REPORT bN THE AFFAIRS OF Appendix (B.) I- Price of LanO, r m Tb«! American* hkve almoat upiforroly prospered ; the European emiKranti hare always been 'slow in their progress, and have not uiifrequently been ruined. Indeed there appears to be in this, as in almost every other pursuit, a natural division of employments ; and this ia practically understood in all parts of the United States. One class of persons attach themselves almost entirely to the occupation of breakin|{ up new land. Iliey go into the wilderness, select a favourable location, erect a small hut, and commence the task of clearing. In a few years the pr ress of settlement brings other settlers into their neigh bourhood, and they then sell their improvements, and again move off several miles in advance of the tide of population, repeating the same process as oflen as they are overtaken by it. By their labours the diflirulties of a first settlement are, to a great extent, obviated ; those who succeed them arc spared the worst and most diHheartening part of the toils of a settler; and the work of settlement proceeds more rapidly and prosperously than would be the case if those who eventually occupy the land, had been also tne persons by whom it had been first reclaimed. In the Canaaas, on account of the previous habits of emigrants, which have given them no experience of the |)eculiar ditficulties of settlement in the wilderness, and even unfitted them for a successful struggle with its hanlships, such a class as the American pioneers would have been eminently useful ; hut there, owing partly to direct legislation rounded unon political grounds, and partly to the proceedings of the government by whom all the lancis which such persons could occupy, have been alienated, this class has had no existence. If, however, it be intended that these colonies should lie the home of any considerable portion of the people of the United Kingdom, it can hardly be doubted that encouragement should be given to persons of this class, or, at least, that all direct impedi- ments to their exertions should be removed. If, however, from any grounds similar to those which induced the legislature of Upper Canaua to pass the Alien Bill, to which I have referred, the British North American colonies should be closed against citizens of the United States, it is to be feared that, in spite of all that may be done to remove existing obstacles to their progress, or to encourage emigration, they must continue to exhibit the same mortifying inferiority to the neighbouring states which is at present everywhere appa- rent ; while, should this restriction be removed, it may be fairly anticipated that the prac- tical skill of the Americans in this respect, aided by British capital, and stimulated by the constant influx of emigrants desirous of purchasing the improved land, would enable the Colonies to rival, if not to surpass, the progress of the most flourishing states of the Union. The price which it would be expedient to aflix to the public land is not easily determined. Nor shall I discuss the principles which would determine the proper price in a colony for which we might legislate without regard to tlie proceedings of adjoining countries. In the itnmediate neighbourhood of the United States, where the government has never sought any higher object in putting a price on new land, than that of preventing appropriation without cultivation, it would be idle to seek, by means of a price for new land, the more important end of securing an ample and constant supply of labour for hire. In respect to the price of public lond, legislation for the Nortli American Colonics must necessarily be governed by the course of tne United States. In their immediate neighbourhood it would be impossible to adopt the leading principle on which the colony of South Australia has been founded, and which was recommended by a Select Committee of The House of Commons in 1836. One might as well attempt to maintain in the British Colonies a totally difierent currency from t.hat which prevails in the American Union. Satisfied, however, that the price of new land required by the American government ia too low, even for the objects which it has in view, and also that a somewhat higher price would not induce British emigrants to prefer a foreign country for settlement, I would adopt the highest price which would not have that effect. That in every colony the price is too low, appears evident from the fact that it has encouraged rather than deterred the acquisition of land by persons who do not intend to settle or improve it, and that it has induced numbers to become purchasers with very inadequate means. In Upper Canada, where the price has been apparently highest, the latter result has been pro- duced very extensively- But there, though the nominal price has averaged 10#. per acre, yet the sum which lias actually been obtained in the great majority of cases in which persons of the labouring class have become purchasers, is in reality very little more than a i'ourtli of this amount, because, in such cases, only the first instalment has generally been paid. In every colony, therefore, the real price can scarcely be suid to have been more than from 2 s. to 4 s. per acre, while in the United States the uniform price is a dollar and a quarter, or 0«. nd. per acre. I am inclined to think, that 10». per acre would not ex- ceed a safe limit. But this is, perhaps, a point which would be more properly left to the determination of that special and responsible authority to which I projiose that the whole administration of the public lands in the colonies should be confided. Some further remarks upon the subject, however, may not be misplaced here. That at such a price the sales of public land would for some time be very inconsiderable, is highly probable ; but this appears to be a recommendation instead of an objection to the measure. It is not for the interest of the colonies that any very large amount of the land yet remaining at the disposal of the Crown should be occupied for the present. That part of every colony which ought first to be settled, is in the possession of private persons. Until the tracts already appropriated are fully settled, it would be wasteful and injurious to encourage settlement upon the remaining public lands. And when these tracts are covered with inhabitants, the general value of land in the colonies, will be so far advanced as to make this price really lower than that which is required ut present ; and therefore to give greater cncourcgeraent to purchase than is now afforded. This view is strikingly supported i^&i. • '■-■^'^■'^^I'laeKsinit^imXm&W BRITISH MOETH AMERICA. )cr pnce Id adopt is too rred the that it Upper by the reiultt of the different prices at preient demanded in the different colonia*. In Nova Scotia, 2 1, per acre, payable in four annual instalments, is found to be too hieh a ' price, having reference to the circumstances of the country and to the means of the settlers; while in Upper Canada there has been no dcficiencjr of purchaser)) from tlie Government and the Canada Company, at a price more than five times this amount. This ditlereuce is easily explained by a contideration of the condition of each colony, and the fact that there has Men a large introduction of both capital and labour into the latter colony, while no capi- talists have been attracted into the former ; and consequently no employment has existed tor the few labourers who have arrived there. In neither colony has tnc mere price of govern- ment land had any effect upon the ability of individuals to become purchasers. In both, thii! has depended upon circumstances altogether independent of that price. It is obviously in the power of government to create in all the colonies such a state of things a» may make the purchase of wild land at the higher price proposed, more advan- tageous than now at the lower. The only question, consequently, is whether, having regard to the object for which any price is required, and to the manner in which it is to be applied, 10 $. per acre is higher than ought to be required, or than purchasers will generally be found willing to give. In the United States, the money derived from the sale of public land, is applied in aid of the seneral revenue. The purchasers derive no special or peculiar advantages from ita application. It is expended in the promotion of objects, in which the inhabitants of the oiaer States, that contribute nothing to this source of revenue, arc as much interested as the new States, in which it is exclusively raised. Under the plan that I um about to propose, the whole amount of the purchase money of public land in the North American colonies would be expended partly in the execution of works, from which the purchasers would derive a direct and immediate benefit, and the funds for which are raised in the United States by taxation ; and partly in providing for a greatly increased emigration. These works, too, or at least the greater portion of them, would bie performed before the land was sold, and the purchasers, therefore, would bo in the same position as those who, in the United States, purchase land from speculators who have given an increased value to their land, by the improvements which tltev have effected upon it. Assuming, therefore, that the measures suggested will be car- ried into effect, a higher price may be properly demanded for the land in the colonies than tltat which is at present the upset price in the United States ; and the result of this price, coupled with the other measures with which it is connected, would be, with respeci to the colonies, similar to that which has been produced with respect to the United States by tlie ueaenl system pursued in that country, of which the present hi$rher price forms a part. Instead otdetemni;, it would attract purchasers ; and we might conKdently rely upon seeing American citizens feaving their own country to enjoy the greater economical advant^es of the British colonies, in tne same manner as British emigrants are now drawn to the United States by the superior attractions which they offer. With regard to Upper, and even to Lower Canada, there would probably be no objection urged to such a price, and no apprehensions entertained as to its effects. But with regard to the other provinces, where, just because no sufficient price has ever been required, the very low price at present demanded is considered an obstacle to settlement, it may possibly l>e feared that the price proposed might be found inapplicable to the circumstances in wnicli they arc placed ; and this might possibly, by reason of the great quantity and cheapness of wild land in private hands, l)e the case if' such a measure were to stand alone. The imposition of any such price — it might indeed be said of any price — presupposes the existence of such a state of things as would place it within the power oi persons of the labouring class to earn and to accumulate money. In Nova Scotin, the labouring emigrant has no means of employment. He cannot become a purchaser, because he cannot earn money by his labour. It'is from the land alone that he can obtain the means of subsistence ; and to require any price for land, unde- such circumstances, is to place an impassable barriei ill tlic way of its acquisition by persons of that class, and to drive them into the Unite public lands of the Colonics. I was unable to obtain any accurate information as to the probable value of this property. From the evidence, however, of Mr. Kerr, and of Mr. Shirren, it appears, that the quantity of timber upon the waste lands of the Province is practically unlimited, and that, independ- ently of the consumption of this article in England, there exists at present a demand for pine timber in the Northern and Western States of the Union which may be expected to experience a very rapid increase, and which can only be supplied from the British North American Colonies. From the evidence of Mr. Kerr and Mr. Davidson, and others, it appears that the revenue which, under a wise and careful system of management, m'glit have been derived from this J>roperty, has been needlessly sacrificed by the practices adopted in the disposal of public Buds. The value of the tiiutier upon an acre of land at the price of Qovernnient licences is frequently more than ten times greater than the amount required to be paid, in order to obtain possession of the land upon which the timber is growing. Payment of the first instal- ment of the purchnse-nioncy is alone necessary for this purpose, and before the second instal- ment is due, or any measures are adopted to enforce payment, the timber may be cut down, and the land abandoned. To what extent this has been the case it is difficult to determine ; but there is no doubt that very lar'j;c tracts have Iwen purchased for the sake of the timber merely ; because the whole purchase-money, if paid, has been very far less than the price of timber licences, and because the land would remain in the possession of the purchaser after the timlx'r had been cut. Uosides this cause of defalcation in the revenue tnat might have been derived from this source, there has been no proper inspection on the spot, so that the quantity of timber cut has been very far greater than that for which a licence has been ob- tained. The plan which ' have proposed of selling land at a fixed uniform price, and requiring the payment of the whc.j purchase money at the time of sale, will prevent, to a very considerable extent, the purchase of land fur the mere sake of the timber. As the land upon which the most valuable timber grows, is generally of an inferior quality of soil, and of no value for agricultural purposes, it may he expecU;d that but little of it will be purchased, and that the whole timber fund will be derived from the sale of licences. It will therefore be ex- pedient to establish an efficient system of supervision in all the timber districts; and by com- paring the returns made by the district inspectors, of the quantity of timber cut, with the entries at the custom house of the quantity of timber ship|>ed, some security may be ob- tained a;{ainst the frauds which are now practised in respect of this property. Win. cfEv. It is suggested by Mr. Kerr, that the present price of timber hcences i« too low, having Q. 350. regard not merely to the value of timber in the English market, but also to its price in tin; United Stales. Although disposed to concur in this opinion, 1 do not feel myself warranteiiJt!ral)lc toil wliiuh value for d that tlie be ex- d by coni- wilh the ny be ob- haviiit^ ce ill th)! varrauteeedy cultivation. If there is no tax upon wild lands, and no improvement of the communications of the colonies, emigration would lie unprofitable to the colony and injurious to the individual ; and if there is no emigration, the proposed tax could hardly fail to press unfairly. Assuming, however, that the Government and the Legislature will not hesitate to upjily the appropriate remedy to the evils I have described, and that the colonists will joyfully accept a measure so fraught with advantage to themselves, I proceed to the subject of emigration, a topic more immediately affecting the iH-ople of the United Kingdom than any of those to which I "~"ve hitherto referred. But oefiire entering upon any detail of the measures which appear to me to be requisite ill order that the emigration which I recommend shall be safe and advantageous to the emi- grant, it appears needful that 1 should advert to its past and present cmidition. Upon this subject very great miBconce|itions appear to prevail in England. It seems that all those who have made inquiries into the subject of emigration from the United Kinu:- doin, have imagined that no interference was required with respect to that to the North American provinces ; and that although some trining mutters of detail might require cor- rection, the general character of that emigration was such as t(> forbid any intermeddling. This misconception is undoubtedly attributable, in a gr';at degree, to the circumstance, that •11 the evidence obtained on the subject, was collected in the country from which the eniigranlB departed, instead of that at which they arrived. Had the position of tlie in- quirers been reversed, they must have arrived at very different conclusion)*, and have diij- coveivd that no emigration so imperatively demanded the regulating interposition of the Le;{islutui'e us that tor which they specially refused to provide. •.-III. J v^ J ^,2 P ,j,^^ li ill i ■ i., m 'IP- 36 APPENDIX TO REPORT ON THE AFFAIRS OF "■^n Appendix (B.) j!iinicrauon. Miii.ofEv.Q.668, et»eq,6ii tl nq. Min. of Ev. Q. 163. Ordered by the Houie of Coin- to be printed, 14 M^y 1838. kl,y^ Min. cf Ev. 588, Min.or£v.Q.6a8. 1^ : I lii i: !'i Tlie evidence which has been collected upon this subject is almost entirely confined to the case of those who arrive at the port of Quebec. The number of those who land in New Brunswick and Halifax is so small as to have attracted comparatively little attention. The want, \ will not say of any adequate provision, but of any provision whatever, for the reception and employment of those latter emigrants has, indeed, oeen sensibly felt. But Uie manner of their arrival, and the arrangement for their transport, have been altogether overlooked. From the evidence of Dr. Skey and Dr. Morrin, it appears that, up to the year 1892, the condition of the emigrants, on their arrival in the port of Quebec, was miserable in the extreme ; that numbers perished during the passage ; that those who landed were the victims of contagious diseases, occasions hy nlth and privation during their voyage ; that many were landed in a state of utter destitution, without even the means of shelter ; and that they introduced pestilence into the city, and formed a heavy burthen upon the charity of the inhabitants. It is stated, that on one occasion upwards of 400 patients with conta- gious diseases were admitted into the hospital at one time. Those, too, who escaped these evils were ignorant of the true circumstances of the country ; without the means of ascer- taining where, and in what manner, they could find employment, and too frequently, if employed during the summer, left without any means of subsistence during the winter. In fact the emigration of that period was fraught with evil to the emigrant and to the colony, and the ultimate advantage to either was purchased at the cost of great and needless suffering. It appears, however, from the Report of the chief agent for emigrants in the United Kingdom, an ofiicer recently appointed in the Colonial department, that at the time when these evils were at their height, tne Government Commission, formed in 1831, for the purpose of inquiring into the subject of emigration, were led by the evidence brought before them to imagine that the vast numbers proceeding to the North American Colonies, and especially to the Province of Lower Canada, had emigrated and established themselves in the colonies without any serious or lasting inconvenience. The evidence laid before them appeared to warrant such a conclusion ; and the practical inference which this Com- mission drew from its inquiries appears to have been, that the system throve too well spon- taneously to require, or even admit of, their interference. Unfortunately, however, the con- clusions of this Commission did not rest at the point of non-interference. They conceived that they should be only fulfilling the object of tneir appointment, by difiiising among all those classes, who might be disposed to emigrate, correct information as to the rate of wages and the prices of provisions in the colonies ; and they accordingly circulated as widely as possible, lists of wages and prices, and such other statements as might place the advantages of emigration in the most striking point of view. The result of these proceedings on their part was, that the emi<;ration to all the North American Colonies, whicn had been 58,007 in 1831, amounted, in I8d2, to 00,330. In the latter year, however, in addition to the ordiuaiy diseases to which emigrants were exposed, the cholera made its appearance in the two Canadas. Vast numbers of the emigrants perished from tliis disease, in the most miserable manner, the inhabitants of the towns, under the belief that the disease was contagious, refusing to admit any strangers into their houses ; and those who were attacked by itlieing literally left to perishvin the streets. In the year 1832 a quarantine station was established at Grosse Isle, an island about 30 miles below Quebec, which, except in the two years of cholera, 1832 and 1834, has accomplished the object of saving the city from tlie contagious diseases by which it was formerly visited every year. The amended Passengers' Act also, and the appointment of agents at many of the ports of the United Kingdom iroin which the largest numbers of emigrants depart, have effected some improvements in the condition of the emigrants on Ixiard of many of the vessels. It appears, however, from the evidence of Mr. Jessopp and Dr. Voolc, that the provisions of that Act are evaded in very numerous instances ; and that cases still occur, in which from 70 to 80 passengers on board of a single vessel are attacked by contagious fevers. It appears, too, from the evidence of Mr. Forsyth, that the want of any cfl'ectual provision for the reception of emigrants, and for forwarding thein to those places where they would find immediate and permanent employment, have been remedied in no appreciable degree by the uppuintmcnt of emigrant agents in the colonies. It is not nece&.ary thai I should attempt to prove, that it is the duty of Government to regulate the emigration that it continues to encourage, and to establish an eflficient system of control over emigrant vessels ; because this is admitted in principle at least, by the appoint- ment of an agent-general for emigrants, and of subordinate agents at some of the ports of embarkation. But the measures adopted have been partial and incomplete ; and though in some cases they have prevented, in many they have ]KTnuttcd the continuance of all the evils against which tiiey were intended to guard. If looked at by an individual residing in England, it is probable that they may appear adequate and effectual, because in that country attention is directed exclusively to the evils they prevent. In the colonies their deficiency IS apparent, since there, attention is naturally fixed Upon those evils which they leave un- touched. The evidence given upon this subject by gentlemen whose position necessarily makes them acquainted with the real character of emigration at the present time, and who can have no motive but the desire of remedying the evils they describe, leaves no doubt that this admitted duty of Government is still to a considerable extent unperformcil, and susrgests I'casohs fur doubting whether the manner in which its iierformance has been attempted, is not faulty in principle as well us insufficient in detail. There is not indeod uny obvious reason why the Government should take less cfl'ectual measures to regulate emigration to the American than to the Austialian Colonics. There iiiny be u difference in the character and circumstances of emigration to the two regions, but none so great as to free the former from all interference, while the latter is in several cases, to a grea extent, and in one, entirely, regulated by Government. The BRITISH NORTH AMERICA. 37 lessahly Vid who Jibt that luggesU Ipted, it Ifl'ectual Thero lii», but |l cusei, The The great amount of voluntary emigration to the North American Coloniee, which has been assigned as a reason for the non-interference of Government, even if it be admitted as an argu- ment against the offer of a free pa8gas;e to any class, lest this offer should operate practically to deter many who emigrate upon tneir own resources, forms at the same time one of the most powerful arguments for the adoption of an effectual system of control over this voluntary emigration. Of the tens of thousands who emigrated every year, it must have been known that the vast majority were ignorant of the existence of any law to which they could appeal for protection against extortion or ill treatment. All of them were proceecfing to a place where employment could be furnished to but a very small portion ; and to these only for a limited period. Tlie place of ultimate destination of nearly all the emigrants, was several hundred miles from the port of debarkation ; and there existed no means of forwarding them to the spot where their labour would be in demand, upon the adequacy or permanency of which it would be safe for the Government to rely. Privaie societies, indeea, existed at Quebec and Montreal, to whom was entrusted the expenditure of some public funds for the relief of the sick and the destitute; but these funds were insufficient in amount, and the societies entrusted with their distribution were under no legal control. So incomplete and defective were the arrangements, that in the year 1834, when from the prevalence of the cholera the necessities of' the emigrants were greatest, the societies in question had abso- lutely no public money at their disposal, on account of the expiration of the Provincial Act under which the fund had, till then, been raised. If, however, the Imperial Government refused to take upon itself the entire direction of emigration, in the fear that they might lessen its amount, they were the more bound to take such measures as were obviously within their power to protect or to assist the emigrants. The measures which Government have adopted are however deplorably defective. They have lefl untouched some of the chief evils of emigration, and have very incompletely re- medied those even against which they were especially directed. Although the safeguards for ihe emigrant during the passage are increased, and in many places enforced, yet there is still no check of any sort whatever over a large proportion of the emigrant vessels. The provisions for the reception of the emigrants at Quebec, so far as the Government is concerned, are of the most inefficient and unsatisfactory character ; and the poorer class would have to find their way as they best might to the Upper Province, or to the United States, were it not for the operation of societies, wiiose main object is not the advantage of the emigrants, but to fiee the cities of Quebec and Montreal from the intolerable nuisance of a crowd of unemployed, miserable, and too oflen diseaaed persons. The government ngeiit at Quebec has no power; he has not even any rules for his guidance ; and no monies are placed at his disposal. At Montreal there has not been any agent for the two last years. The whole extent therefore of the interference of the Government, has been to establish in England agents to superin- tend the enforcement of the provisions of the Passengers' Act in respect of the emigrants from some ports, and to maintain an agent in the Province of Lower Canada, to observe, rather than to regulate, the emigration into that province. It may be doubted too, whether the source from which alone all the funds applicable to the relief of emigrants in Lower Canada are derived, is in reality one which ouglit to have been selected for that purpose. To tax the whole body of emigrants for the purpose of providing a remedy for evils which no adequate means nave been adopted to prevent, rtnd thus to compel the most prudent of that class to bear the burden of imprudence or negli- gence in others, is surely a measure of very doubtful justice. The practice has, I am aware, been defended by reference to the example of the United States, in some of the ciiief cities of which a similar tax is imposed. But this is a case which bears no analogy to the present. The United States have and can have no (control over the arrangements for the transport of emigrants from the United Kingdom. The tax which they have imposed is therefore ihe only measure witiiin their power, in order to prevent the whole burden (>f main- taining diseased or infiim emigrants from being cast upon them. Tiiey also have taken no part in encouraging emigration. If emigrants from the United Kingdom imagine that there are any peculiar advantages to be derived from emigration to the States, they cannot reasonably object to the payment of the small sum levied upon them for the protec- tion of the community of which they ore about to become members. With regard to the British Government, and the British North American Colonies, the case is different. The former have stimulated emigration, on the avowed ground that it is beneficial to the United Kingdom ; and, except m the case of the Legislative Assembly of Lower Canada, the latter have welcomed it, on account of the capital and labour thus introduced among them. In tiiis case too, the Government of Great Britain possesses the iik'uiis of establishing an efficient control ; and it therefore not merely compels emigrants to provide almost alone against the inconveniences incident to the uttaiiuncnt of a great national object, but to puv for the inadequacy of the measures which Government has adopted, or the remissness of the ofiicers it has appointed. I do not mean to assert, that the imposition of this tax has been attended by no advantages to the emigrants ; but these advantages have been confined to a few, artd might have been with more certainty and with more justice secured by other means. There has not indeed been any greater degree of uniformity in the proceedius>s of Government in reference to this than to the other subjects comprised in my inquiry. Ill Lower Canada thero has been a tux imposed upon all emigrants from the United Kingdom arriving at the port of Quebec. In Upper Canada n sum not exceedinff a,000 /, in the whole, out of the casual and territorial revenues, has been appropriated by Government to purposes connected with iininigratioii. 'I'lio fuiuis received in Lower Canada are placed under the control of private societies, or devoted to objects only indi- a.— III. F a lectly Appendix (B.) Emigration. Ul iRd 38 APPENDIX TO REPORT ON THE AFFAIRS OF W- M If ■ , i I ' i rl Appmdix (B.) i^ctly under the superintendence of the Government. They are applied too in such a _^ manner as tn lead to the presumption, that the only object of the legislature in imposing the Emigration. tax upon emigrants, was to rid the province of them as speedily and as completely as possible. In Upper Canada the funds are placed at the disposal of an ofiScer of the Govern- ment, and are so applied as to afford to emigrants an inducement to remain in the province. Tliere has been no subordination of oftices, and even no proper connexion between the agent in Lower and the agents in Upper Canada. It has consequently been impossible that any connected and uniform measures should be adopted. The result of this want of regularity or method, in conjunction with the circumstances of the colonies produced hy the manner in which the public lands have been disposed of, has been that, of the emi- Min. of Ev grants arriving at Quebec, three-fifths according to Mr. Forsyth, and about half accorduig Q^ /gn, ' Mr. Hawke, have, either immediately, or after a very short period, proceeded to the United M*in.ofEv. States. , ^ ,. , Q, 1003. I cannot doubt but that the facts disclosed in the exidence appended to this report, and referred to above, will induce Her Majesty's Goverament to adopt some more effectual means than have hitherto been pui-sued, to regulate the voluntary emigration to these Colo- nies. But their efibrts ought nut, I conceive, to end there. Numbers who would form most valuable labourers in the colonies are prevented from emigrating, because they have not even the small sum at present requisite to defray the cost of their passage. Numbers too, it caniaot be doubted, are deterred by what they have learned of the sufferings of those who have emigrated. If any proof was required of the truth of the latter opinion, it is to be found in the fact, that the emi^'ration to the Canadas, which in the year 1832 amounted to fi2,000, and which had been regularly increasing up to that period, fell off to 2l,0UO in 1833, on account of the miseries endured by the emigrants of the former year. Nor has it ever recovered from this clieck. In only one subsequent year has the emigration to Quebec exceeded 30,000, or about three-fifths of its former amount. At the same time there has been no general disinclina.. ion evineed by the people of the United Kingdom to emigrate either to the UnitecriL'nccd in selecting out of the numerous candidates for emigration at the public expense, not such as in the opinion of the agents of Government were fit objects of the Government bounty, but suci> as without injustice to the rejected applicants, might be chosen as best suited to the peculiar circumstances of the colonies to which they were sent. From all I have been able to learn as to the proceedings of the South Australian Land and Emigration Commissioners, as well as of the chief agent for emigrants in England, the numoer of those who were willing to emigrate very fur exceeded that for which the means at their disposal could enable them to provide. In the North American colonies, however, under an improved system, such as I have above suggested, hundreds of tllousalldl^ might find the means of employment and subsist- ence, most advantageously for the colonies and for themselves. It is assuredly not too much to say, that these provinces would support a merely agricultural population at least tenfold greater than that by which they are now inhabited ; and this agricultural population would require, and would furnish empluyment, for a large amount of mechanics and artisans. Those whom the inevitable fluctuations of employment in a country like Great Britain, no less than those whom the improved methods of agriculture demanded by the circumstances of Ireland, would deprive of their accustomed means of subsistence, if enabled to emigrate to these provinces, not only would themselves benefit by the change, but would develop the resources and augment the wealth of the colonies to un incalculable degree. The unprece- dentcil prosperity of the New Stales of the Union, which have within a few yeare sprung up in the wilderness, is owing entirelv to the extent of the emigration which has been directed to tlirm, no small portion of ,. ! ,jh has consisted of emigrants from the United Kingdom. The British Government has it in its power to direct to these colonies an emi- gration yet more extensive, and to provide for its permanent establishment there ; and this without any cost to the United Kingdom. The funds which, under the system I have recom- mended, would be furnished by the colonics themselves, could not be expended in any man- ner so advantageous to the countries from which they arc derived, as in providing for this emigration ; and one great advantage to be anticipated from the execution of the public works, to which a portion of these funds is destined, is that such works would remove the principal difficulties now experienced by emigrants in obtaining employment or in cstablish- ng themselves as settlers. I would, therefore, recommend, tlint a specified |)ortion of the jiroducc of the wild-land tax, and of the future sales uf land and timber, should be applied in providing for emigration ; a part in furnishing free passage to emigrunts of the most desirable age, as fur as may be of both sexes in equal numbers ; and a |>urt in defraying any expenses occasioned by the supiiriiitendence of the emigration of those to whom, in conformity with this rule, or from other circumstances, a free passage cannot be offered. The whole emigration from the United Kingdom should be so fur placed under the superintendence of Government, that emigrants conveyed ut the public expense should necessarily proceed in vessels chartered and regulated by the Government, and that all persons willing to pay for their own i)assuge, sTioiild be entitled to proceed in vessels so chartered and regulated, ut a cost for the passiigc not exceeding the charge in private vessels. Prop<-r means of shelter and of transport should be provided at the different ports in the colonies to which emigrants proceed ; and they should be forwarded to the place where tliey ciin obtain employment, under the direction of responsible agents, acting under a. ccutroi authority. Those who could not at once obtain employment as farm labourers or mechanics, should be BRITISH NORTH AMERICA. he employed upon Government works, at the usual price of labour upon such works, vrhich, as it is generally rather lower, having regard to the nature of the employment, than can be obtained in other occupations, will have no tendency to withdraw labour from any more useful direction. I cannot recommend that any measures should be adopted to settle these emigrants upon land of their own. The previous habits of EngUsh labourers are not such as to fit them for the severe and painful labours to which they would thus be exposed, or to give them the forethought and prudence which such a position especially requires. Habituated to provide for the subsistence of the week by the labour ot the week, they are too often found to shrink from a toil cheered by no prospect of an immediate return ; and having exhausted all the means furnished for their temporary support, to leave the land upon which they were placed, in order to obtain subsistence as labourers fur hire. The exceptions to this result are few and unimportant. They rather confirm than invo'idate the rule, and have been procured at a cost utterly disproportionate to the object attained. It is rather to be feared, that in spite of any measures that can prudently be adopted, the majority of the labouring emigrants will be tempted, by the desire of becoming independent landholders, to settle themselves upon farms of their own at too early a period for their own comfort and prosperity. It cannot, however, be the duty of Government to precipitate this period, nor in any way to interfere with the natural and profitable order of tilings — that the pos- session of capital, and an acquaintance with the modes of husbandry practised in the colonies, should precede settlement. It would be impossible at the present moment to decide upon the amount of emigration for which it would be prudent to provide. This can only be ascertained by inquiries made upon the spot, under the direction of an authority created for the purpose. It is most essential, however, that it bhould not be too limited. The works proposed to be carried on will afford abundant means of employment for an amount of emigration very fur beyond the present apparent dt nand for labour in the colonies ; and by facilitating settlement, and increasing the opportunities for a profitable investment of capital, will create numerous sources of employment which do not now exist. A copious stream of emigration will supply the means for its own maintenance, but any deficiency in this respect cannot fail to be injurious ; and must either lead to the withdrawal of labour from agricultural pursuits, to the construction of public works, or must leave these latter without the necessary means for their completion. The details of this subject may, however, safely be trusted to the authorities by whom the general plan is to be carried out. The measures recommended above, although I believe quite adequate to the ultimate and complete cure of the evils I have described, must, howevf>r, be necessarily slow in their operation; while the evils against which they are directed stand in need of an early remedy. A considerable immediate outlay is required for the execution of the greater and lesser works of communication through all parts of the colonies, in an effectual and permanent manner, after which they may be kept in repair at a comparatively trifling expense. A small portion of the funds raised would sutlice to maintain mads when once made; but the whole fund raised in the colony for several years would be recjuired for the original construction of roads, and the produce of Uie future sales of wild lands and timber which would be appli- cable to the same purpose, will for some time be probably very trifling. As however, until these roads are made, it will be well nigh impossible that the country should be settled, the proprietors of the wild land would be compelled to pay the tax for many years before they could reap any great advantage from its application. The emigration, also, which I have recommended, ought to be comparatively greater in the first instance than it would require to be at any future period; and would constitute, therefore, an additional demand upon this inadequate fund. But the tax, and the jioduce of land and timber sales, though insufficient as capital, would furnish an available security as interest ; and if the pennanence of the system were guaranteed by an Imperial enactment, there would, I believe be no ilifficulty in raising, in the Hnglish money-market, a loan to any required amount, to be employed for the purposes to which it is intended that these funds should bo devoted. The yearly produce of the tax would be, for all the colonies, speaking in round numbers, and allowing for all possible costs of collection, about 160,»)00/. ; and though it may be expected that a very considerable portion of the tax will be paid in land, yet, as such land would be taken at less than half of the proposed future price of wild land, this would greatly increase the ultimate value of the security. The public lands, too, in the diilerent colonies, making a similar allowance for the cost of management, would produce eventually upwarils of 7,600,000/. And, without includinu; the produce of timber licences, which would, neverthe- ess, amount to a considerable sum, the two together would form a very ample security for any advance which might be required. I should, therefore, further propose, that loans should be raised upon the security of these two funds, and be employed partly in all such public works as may be renuired, and partly in promoting the emigration of labourers. It will be seen at once that the pro)K>Bed security would be the more certain exactly in jiroportion to the funds raised upon it, and devoted to purposes directly tending to augment the demand for the land and timber, by the sale of which the loans would ultimately be paid off, and interest provided in the meanwhile. The amount of the money which should be raised in this manner cannot be determined beforehand. It must depend upon circuuistaiices, and must be left to the judgment of those to whom the execution of the plan is to be entrusted. By anticipating, in this manner, the revenue to be created by the system, a stimulus would be at once given to the prosperity of the colonies, of which it is impossible to exaggerate the beneficial results. 3.-I1I. F4 In Appendix (B.) Emigration. Loan. i' I m 40 AVPENDIX TO REPORT ON BRITISH NORTH AMERICA. M f i i Appendix ^B ) '" ^^^^ ^^^^ ^^^ P'"" ^''"* suggested ma\ \o carried otit with uniformitv and effect, it will '^' be necesMiry that some special authority should be created, charged with the execution of the Coininisston. whole measure, and rendered thoroughly responsible to Parliament. It is obvious, indeed, that no sufficient machinery for this purpose exists at present, either in the Colonies or in the United Kingdom. To fulfil adequately the duties thus imposed would occupy the whole time, . and demand the undivided attention, of those to whom the task is confided. The general prin- ciples of the measure must be embodied in an Act of Parliament ; but there will necessarily be m.tny details for which no enactment could provide by anticipation, and which, in fact, can only be appropriately arranged as the practical working of the measure shows their necessity. I should suggest, therefore, that a central commission should be appointed in the United Kingdom, with subordinate general and assistant commissioners in the Colonies. To these should be entrusted the whole execution of the plan ; and the central commission in England should have power to frame such rules, orders, and regulations, having the force of law, as would be Rocessary to give elfect to the principles laid down in the Act of Parliament. The duty of the Ktiglish Commission would be to regulate the disposal of the public lands and timlie. , to regulate the imposition and application of the proposed tax, to provide for the f'^ ■ )>'. and transport of emigrants, and to raise by way of loan the monies re- quired for all these purposes. The Colonial Commission would sec that the regulations of the English Board were carried into effect ; would superintend the execution of all public works ; would receive and forward emigrants ; would provide employment for such as were not employed by the inhabitants of the colonies, and would exercise a supervision and guardianship over them for a specified period. It would be necessary that in each colony tliere should be a commissioner subordinate to the general Board ; and that agents should be ap'^inted, for districts of convenient dimensions, charged with the actual sale of land, with the coll''ction of th<; 'ax, with the perfecting and registry of titles, and with all matters con- nected with the business of the general Board, which related to the superintendance of the public workr. As a further gun''.utee fo: the responsibility of the proposed commissions, frequent reports o. all the correspondence between the English and Colonial Boards, and frequent reports of their proceedings, should be lanum?r which they have taken place had not been con- ducted in secrecy. Without such a special authority, it would be idle to expect that any measure, however admi- rable in principle or perfect in detail, can be satisfactory m practice. The experience of all the Colonies, up to the present moment, has sufficiently shown, that no care in framing general regulations, can be eiibctual without some more constant and peculiar control than it has hitherto been practicable to exercise. These rules have been uniformly evaded or neglected ; and as it has frequently happened that those only knew their real character, who were charged with their execution, it was well nigh impossible that the fact of their violation should he- made knowi. to the Imperial functionaries by whom they were framed. OAen, too, it haa been the case, that, when their existence and nature were public, those who were made acquainted with their violation profited by the transaction in wnich they were violated ; and if others also knew of the occun'ence, they had no immediate interest in its exposure, or could not obtain attention from the distant authority to whom reference must be made, occupied ns it was with far weightier matters than what it might deem a solitary infraction of rules supposed to be generally olieyed. It is in this way only that we can account for the fact, that tlie systematic neglect of tlic regulations, successively framed for the disposal of the public lands by various Secretaries of iitate, should have remained unknown ; and that it should have been believed, even up to the time when the instructions of Lord Glenclg were ii>siied in 1H37, that the previous instructions of Lord Goderich were observed, when in fact there was not a single colony in which they obtained any degree of observance. That the Secretary of State for the Colonies should still have the supreme control of this, as of other matters of administration cuiincctcd with the colonies, appears undoubtedly advisable ; and this will be secured by a provision, that all regulations trained by the Board of Commis- sioners should receive his sanction ; but the enforcement of these regulations, if it is intended that they should be enforced, ought to be entnisted to some 8|>eciat and peculiar authority, and subjected in every possible way to the public inspection. I suppose that the costs of the proposed commission would be defrayeursued, we may, I tliink, confidently rely upon seeing these colonics enter upon an unparalleled career of prosjierity, and upon cementing indissolubly the ties which now cor.i;t:ct them with the United Kingdom. In the latter, there ai>pears no other prospect than that of continued stagnation, languor, and consequent discontent. I have the honour to be, My Lord, Your Excellency's most obedient, liumble Servant, Quebec, "I Charles Ihiller, J. J a November 1830. Commissioner of Crowa Lands and Emigration. f BRITISH NORTH AMERICA. 41 MINUTES OF EVIDENCE taken before Assistant CoHiiifnioirERS of Crown Lands and Ehiuration. Lower Canada. John Davidton, Esq., one of the CommiBBionera of Crown Lands in Lower Canada; 14 July 1838. 1. WHEN were you appointed to your present office? — In October 1837. 2. What were your opportunities, before that appointment, of acquiring information as to the Evidence, state of the Crown property in this Province ? — 1 was appointed Surveyor-general of Woods and Forests in 1827 ; in 1830 that office was abolished, and the duties were to be per- J- Vaxidttm, E»q. formed by Mr. Felton, the Commibsioner of Crown lands. The Government offered me a retiring allowance till I could be provided for: not wishing to receive this without an equi- valent, I r.ffeied my services to assist Mr. Felton. That offer was accepted, and I remained as such assistant till his suspension in August 1836, when I was put in charge of the department. 3. You have therefore been constantly engaged in the department of Crown lands during the last eight years 1 — I have. 4. Of what does the landed property of the Crown in this Province consist ? — All the estates which were held by the King of France at the time of the conquest, which may be arranged as follows : 1st. Certain fiets in the city of Quebec and town of Three Rivers, whereof the censitiiires held immediately under the Crown. 2d. The forges of St. Maurice, which were established by the old French government, and have been let for different terms to private persons. 3d. The King's trading posts, which signifies that portion of the Provmce of Lower Canada between the settled lands on the north bank of the St. Lawrence, and the land held under the charter of the Hudson's Bay Company, and which tract is held by that Company under a lease that secures to them the sole right of hunting, fishing, and trading on that territory. The lease expires in 1842. 4th. The King's wharves in Quebec, which were originally formed by the old French government, and have been improved by the British Government, and are now let upon lease to individuals. 6th. The estates held at the time of the conquest by the late order of Jesuits, which, upon the extinction of that order in the Province, were reserved by the Crown, and which consist of extensive seigniories and of other property, including buildings in the city of Quebec and town of Three Rivers. 6th. All the Deaches and water lots upon all navigable rivers. The beaches consist of the land on both sides of the rivers between the highest and lowest water-mark, and the water lots extend from the lowest water-mark into deep water. 7th. The whole of the waste and unappropriated land within the Province. In addition to this the Crown is entitled to a mutation fine upon the Siije of seigniories, varying from the uiaille d'or, which is a nominal acknowledgment) to one-fifth part of the purchase, which is the more common fine, and pay- able in either case before the seignior is admitted to perform fealty and homage. 6. What part of this property is under the control of your department ? — Under instructions from the Treasury, dated NoveniberlU'iU, by which the officeof Commissioner of Crown lands was created, the property placed under his control consisted of the waste lands which have not been 8ur>'eyed or laid out ; waste lands which have been surveyed and laid out, but of which no part has been granted ; ungranted lands and Crown reserves in districts where grants have been made ; lands which nave been granted in perpetuity upon payment of quit- rents or other rents ; leasee, and reserves which have been granted upon leases, for series of years upon reserved rents or otherwise. Practically the Commissioner of Crown lands has not had any superintendence of any land which has been granted in perpetuity upon the payment of quit-rents, or other rents. 6. Under whose management then is the land so granted in perpetuity upon the payment of quit-rents or otherwise?— The inspector of the King's doiuuin. 7. Then, in respect to the property in question, the Treasury order of November 1820 has not been observeu ? — The local government have not considered the order to apply to that property. 11. ISut the property is specifically named, is it not, in the Treasury order ? — It appears so. 9. Under whose supei inteiidence are those portions of the Crown property which are not con- tained in the 1 leasury order oINoTcmbir l«27 ?— The Jesuits' estates, which have been placed 3. 111. o at K;f 'i I iS i m ^v 42 APPENDIX TO REPORT ON THE AFFAIRS OF Evidence. at the dispoaal of the Provincial Legiglatiire for purposeo of education, are under the superin- •^— tendence of a commiggioner called the Commiggioner of Jeguita' Estates. The fiefs in the J. DavUton, Esq. city of Quebec, and the Town of Three Rivers, as well as the fines upon the alienation of seigniories, are under the superintendence of the Oreffier du papier terrier. 0*. What is the name of the gentleman holding that appointment ? — ^The Honourable F. W. Primrose. 10. Is he not also inspector of King's domain? — Yes; neither the forges of St. Maurice, the King's trading posts, the King's wharves, nor beaches, are to my knowledge under any special superintendence, but the administration of this property rests with the Governor and Council, who relet the forges and wharves whenever a lease expires, and determine applica- tions for beach and water lots. 11. Has any particular oflice the charge of preventing encroachments upon the beaches and water lots ? — Not that I am aware of. 12. In what way can such an encroachment be removed ? — I believe by indictment for a nuisance. la At whose expense ? — Generally at the expense of the private prosetmtor. 14. Are you aware of the mode in which the lands of the Crown v/ere originally disposed of by the French Government i — I understand that they were granted in nef and seigniory. The most intelli<^ble way of expressing it would be, that manora were created, containing from nine to 36 square leagues, and were granted to individuals, to be by tham surveyed, subdivided, and conceded to whoever might apply for the same, upon certain conditions of settlement and service, and the payment of a small fixed quit-rent, and a fine upon aliena- tion, amounting to one-twelfth of the purchase money ; with a further privilege of baiinakli or the right of compelling all the cenfiilaires or copyholders to grind tneir com at his mill, paying one-fourteenth for grinding. The seignior had also the right of reserving to himself such a portion of laiid as he might choose to cultivate in the immediate neighbourhood of his dwelling house, as domain land, but was bound to concede all the rest upon npplication. The service to be performed by the copyholders were corviet or labours for tne benefit of the seignior on his domain or at his mill, for which, whenever it was exacted, an allowance was made in abatement of the rent. 16. What has been the amount of land granted upon this tenure ?t— Eleven million arpents, or about 0,420,000 acres. 16. What proportion of these seigniorial grants have been conceded by the seigniors? — Rather more than 6,000,000 arpents, or 4,300,000 acres. 17. Then there remains unconceded nearly 0,000,000 arpents? — Yes; but this includes the barren island of Anticosti, which contains 1,800,000 arpents, and the mountainous land at the back of the settled parts of the seigniories to the north of the St. Lawrence. 18. Can you give an account of the difierent modes in which, since tiie conquest, waste lands, the property of the Crown, have become the property of individuals? — There havvfcMn at least seven different modes pursued at different times. From the acquisition of tiMyrovince in 1763 up to about 177&, land was granted, under instructions from the Crown, iwmed in England, under location tickets, in free and common socage. These location tidbitn were of a military character, confined principally to tlie district ofQuebec. Some Kf^lpiecord for the district of Gasp^ ; but, generally speaking, they contain provisoes authoiWfei the Crown to resume for military purposes. I have no means of ascertaining how otttch mod was dis- posed of under these regulations, since a considerable portion of the land M gfwated was subsequently included in the Province of Upper Canada. In 1776, these ioaMMlkms appear to have been superseded by instructions from the Home Government, whidrapKted that all lands then or therealler to oe subject to the disposal of the Crown, showUi be granted in fief and seigniory, in like manner as was practised antecedent to the conqnwl^ Ihit omitting any reservation of judicial powers. Under these instructions three seignione» « p | Wr to have been grunted. These instructions appear to have been modified in 17ii(l, by inatractions to Lord Dorchester, whereby it was oraered that grants should be made to emigrant U. E. loyalists and to disbanded soldiers ; and further that grants should be made to the officers and privates of the 84th regiment of foot, in the following proportion : To field officers 6,000 acres. To captains 3,000 — To subalterns 2,000 — To non-commissioned officers ..... 200 — To privates ....... &o — These grants to be held under the Crown as seigniories, and subject to all the seigniorial duties. I believe that very little, if anything, was done under these instructions to Lord Dorchester; for the emigrant loyalists and soldiers objected to the feudal tenure, and, accordingly, the local government appear to have reverted to the system of location tickets, establishea under the instructions of 1703, and which had been suspended by those of 1776. After the passing of the Constitutional Act nf 1701, lands were granted by patent to leaders of township and their associates. Under this system 1,200 acres were granted to the leader and 1,200 acres to each of his associates, it being quite notorious that in many cases the whole, and in none less than 1,000 acres were immediately rec-onveyed by each associate to the leader. This system was pursued till about the year IIIO6, when a greater degree of vigilp.nce was observed. Partial grants, to the extent of 200 acres, were made to individuals between that year and 1812, when the American war commenced. Between 1814 and 1818 little land was granted, and, in the latter year, a system was introduced of granting lots under location ticketA, containing specific duties of settlement. This system was superseded by instructions BRITISH NORTH AMERICA. ider the tuperin- Tbe fiefs in the the alienation of The Honourable of St. Maurice, fledge under any he Governor and ^termine applica- pon the beaches indictment for a itor. inally dispoaed of II and seigniory, sated, containing y than) surveyed, tain conditions of line upon aliena- (lef^e of bannaUti corn at his mill, lerving to himself rhbourhood of his upon npplication. tne benefit of the an allowance was in million arpenti, the seigniors ? — but this includes mountainous land vrence. ^uest, waste lands, leie havelMen at on of tbafrovince 3rown, lt»med in on ^dutU were of af^lp lecord for ■MM the Crown Dch nod was dis- d to gntnted was HMmoBs appear Upcted that all be granted in fief Wt omitting any ■KT to have been tractions to Lord nt U. E. loyalists leers and privates .11 the seigniorial .ructions to Lord idal tenure, and, location tickets, |}y those of 1776' patent to leaders ited to the leader many cases the jach associate to greater degree of de to individuals n 1814 and 1810 anting lots under IS superseded by instructions instructions from the Treasury, dated November 18341, which instructions established a system Bvidwee. of sale, but permitted exceptional grants. That part of these instructions which established — — the mode of payment for land sold, and permitted exceptional grants, was superseded by •/. Dmidtom, Esq. instructions from Lord Ooderich in 1831, which instructions however were not acted upon, the former mode of selling having been continued, with the sanction of the local govern- ment. In 1837, instructions were received from Lord Olenelg, requiring payment of the full amount of the purchase money at the time of sale, by which instructions my office is now regulated. Besides these different systems, the Home Government has retained an authority to make exceptional grants, and has frequently exercised it, as in the case of certain execu- tive councillors, memoers of the land boards, to each of whom tlie Duke of Portland ordered a grant of a quarter of a township, or nearly 12,000 acres ; the grant of nearly 60,000 acres to Sir R. S. Milnes, formerly governor of the Province ; a grant to Mr. Felton, an emigrant from England, who brought the order with him, of 6,000 acres positively, and 6,000 more conditionally ; unconditional grants to some other persons who accompanied him ; the instructions to the Duke of Richmond (of which no copy is extant in the colony) by which grants of land were directed to be made to such persons as had served in the embodied militia ; the free grants of land to officers and privates who had served in the British army, and the remission of purchase money to an equivalent amount, which was afterwards sub- stituted for the grant of land ; and lastly, the order of Lord Ooderich in 1832, directing a free grant of land to military pensioners, who had commuted their pensions. The Canada Tenures Act formed another exception, as the commutation of a seigniory was equivalent to a free grant to the seignior of all the unconceded lands within its limits. There was also an exceptional sale of a very considerable tract of land to the British North American Land Company. 10. Be so good as to describe the system of granting land on location tickets which prevailed from 1763 to 1776 ? — ^These grants were, as I have mentioned, of a military character. I do not find that they were subject to any other condition than that of a right of resumption by the Crown, if the land was required n>r military purposes. They were granted chiefly under the authority of land boards, who decided upon applications. 20. What was the system of leaders and associates? — ^The leader of a townaliip having col- lected as many signatures to a petition as would make up the quantity that he required (being for a whole townsliip, or 48,000 acres, 30 signatures of associates, and for any smaller quan- tity, in a like proprtion ; no less than a quarter of a township having been applied for under this system), lodged his application at the Oovemor's office. It was then referred to the Executive Council. The application being recommended by the Council and approved by the Governor, an order issuea to the Surveyor-general to survey the tract applied for. The return to that order being made, the Attorney-general was instructed to prepare the draft of the letters patent, which were engrossed by the provincial secretary, and, after being audited by the auditor of land patents, passed tne great seal. The^rant was of 1,200 acres to each one of the body of applicants. 21. How did the applicants divide the land granted ! — I doubt whether any division ever took place. 22. Did they then hold the property in common ? — No ; but each associate conveyed his 1,200 acres to the leader. ■ <. What was the consideration for these conveyances ? — It might almost be said that there was, in fact, no consideration. The whole was a plan devised for the purpose of eluding the instructions from the Home Gk)veminent, under which no person could obtain a grant of more than 1,200 acres. The associates were persuaded to sign their names to the petition, not with any expectation of obtaining land, but on a promise of some small sum for their trouble. At the time of signing the petition, an agreement was signed by the parties (the original draft of which it is said was prepared by the then Attorney-general), by which each associaie bound himself to convey to the leader from 1,000 to 1,100 acres, in consideration of the trouble and expense of procuring the survey and grant. The conveyance was accord- ingly made, and afterwards the remaining 100 to 200 acres were conveyed by the associates for one or two guineas, as the case might be, which was the real consideration for their share in the transaction. 24. Do you imagine that the Executive Council, by whom those grants were recommended, were generally aware of the agreement between tiie leader and his associates ? — Certainly so; it was quite notorious. Forms of the agreement were printed, and publicly sold at the law stationers in Quebec. 26. Did it ever happen that a member of the Executive Council was a leader of a town- ship under this system ? — It appears, from the list of leaders, that several of them were. 26. Do you imagine that any applications of this kind were ever refused by the Executive Council ? — I do not imagine that there were. 27. Probably, however, no application was ever made without a previous assurance that it would be granted ? — I should apprehend that such must have been the case. As the matter involved some expense, no one would have gone into it without a previous communication. 28. The system in question is referred to, in the following terms, in the Report of a Com- mittee of the House of Assembly on the Settlement of Crown Lands, dated the 23d February 1821 : " Your Committee, unwilling to believe that the above-mentioned evasions of His Majesty's gracious instructions had been practised with the knowledge, privity, or consent of His Majesty's servants, bound by their oaths, their honour, and their duty, to obey them, instituted a long and patient investigation into the origin of these abuses. They have been iminfully, but irresistibly, led to the conclusion that they were fully within the knowledge of individuals in this colony, who possessed and abuseil Hia Majesty's confidence. The *• — HI. o 2 instrument* 1 '■'■ ■If' ! . i 'fe. 1 ','. 1 1 44 APPENDIX TO REPORT ON THE AFFAIRS OF : r>- ■ ii !i iH fi i Evidence. iiutruinenta by which this evasion wu to be carried into eflfect were devised by Hi* Majesty's Attomey-u^eneral for the time being;, printed and pubhcly sold in the capital of J. Davidion, E*q. this Province ; and the principal and intermediate agent was His Majesty's late assistant snrveyor-tieneral." Do you imagine that description to be substantially correct? — From the care with which that report was drawn up, and the high character of the gentleman who drew it, I can have no doubt of its being substantially correct. 39. Have the lands, granted under this system of leaders and associates, been generally settled ?— No. 30. What proportion, do you suppose, have been settled!— I cannot exactly say; but I believe the settlement of these lands to be confined to the townships on tlie frontier line of the United States. 31. But in what proportion to the whole? — I cannot tell. 82. Do you suppose as much as half? — No. 83. A quarter T— I think not. 84. Would you be able to ascertain by a further inquiry? — I will endeavour to do so. 36. All that portion of these grants which have not been settled remain, therefore, in a perfectly wild state ? — Yes, with the exception of occasional clearances maide by squatters, who have gone to make potash. 36. Were any conditions attached to the grants under this system ? — ^The conditions were, within one year, to settle a family for every 1,200 acres ; within two years, to plant and cultivate two acres for every 100 ; and within eeven year», to plant and cultivate seven acres for every lOO. 37. Were these conditions generally fulfilled ? — Not a« a system. 38. What do you mean by that ? — 1 mean that the instances will be found to be very rare, where the grantees set to work in good faith to perform the conditions of the grant. In the townships bordering upon the American frontier they will, in many instances, bef ound to have been fulfilled, out not in the centre townships, or in those bordering upon the seigniories. 30. To what do you attribute this difference ? — That many of the parties applying for land on the frontier were horn fide applicants, desiring the land for the purpose of settle- ment. I believe they were chiefly Americans. 40. But, in the cases where the whole grant became the property of the leader, i" the manner which you have already described, the conditions were not fulfilled by the grantee ? — I should itay certainly not. 41. Was there any machinery for securing the performance of these conditions ? — Not that lam aware of; nor do 1 know tliatany steps were taken until the evil became so great as to induce the Imperial Government to establish a court of escheats, to enforce the forfeiture of lands in respect of which the conditions had not been performed. 42. I find, by article 6U of the lUiyal Instructions, dated December 1703, that the surveyor- general, or such other jHirson as should he appointed by the Uovemor, was directed, " once in every year, or ofleuer as occasion should require, to inspect the state of grants of land made by tne Govenior, and make report thereof to the Governor in writing, specifying whether the conditions contained therein have or have not been complied with, and what progress has been made towards fulfilling Uie same." Are you aware if anything has been done in com- pliance with this direction ? — I do not believe that the Instructiorts were ever acted upon, according to their tenor; but, as far as my recollection serves me, Lord Dalhousie did once direct Mr. Boiichette, the surveyor-general, to make a tour of inspection through the country, and report the state of the grants ; but i do not know if any report was made on the subject. 43. Then, in fact, this article of the Instructions has not been considered binding ? — I imagine they were not regarded as part of the code to be acted upon in granting land. 44. Will you now describe the proceedings under the system of location tickets, which superseded the practice of grants to leaders and associates ? — The object of this system wus to put an end to grants of land in all cases, except of actual settlement ; in fact, under this system the grant was not to be obtained until after conditions had been performed. The first part of the system was to appoint an a^ent for each township, to act as superintendent of settlements therein. The quantity of land granted to any settler, under location tickets, was, generally speaking, limited to 200 acres. The conditions required were, that either the applicant or his family should remain on the laud for the space of three years from the date of his location ticket ; that four acres, at least, of the land lihuuld be cleared and cultivated, and a dwelling-house erected ; and, on a certificate by the township agent of the performance of these duties, the applicant became entitled to his patent 45. Were these conditions generally performed ? — Very soon after the system was established a very important alteration was made, relieving the locatee or his family from the necessity of personal residence, and establishing that this condition might be performed by any per- son the liicatee might place upon the land. This has produced a practice t> refer tlie locatee for patent, on the production of certificates that four acres of land have been cleared, and ii dwelling-house erected, leaving it to be presumed that there is a resident. 40. The conditions then, except as to actual residence, have been generally performed ? — Yes, and more harm done to the land than if it had been let alone. 47. Please to explain that ? — The requisite clearance was made, and the dwelling-houso erected merely tor tiie purpose of observing the letter of the conditions, but without any view to settlement. The four acres of timber were burnt off, and a hut raised, but no cultivation took place, and the whole eflect was to cause the growth of a bad scrub wood in the place of the useful timber which had been removed. 48. Was BRITISH NORTH AMERICA. 48. VVhb much land granted in this manner ? — Yes, a good deal. EviUeme. 40. About what amount Hhould you think? — 068,1 ft9 acres. — AO. What is the present state of this land, or the greater part of it ?— The (ircater part of J. Daxiiltuti, l\q. it is uncultivated. 61. Do you suppose that the greater part of it remains in the hands of the original grantees?— ' A very considerable proportion will be found in the hands of the original srantees, or their heirs. 63. I'he new system of location tickets, therefore, which a[)pcui-s to nave been intended t<> check such an alienation of Crown lands as had taken place under the leader and associate system, and also to provide atrainst land, theproperty of individuals, being led in a wild state, ((id not accomplish its object? — Not to the extent intended. 63. That oDJect appears to have been defeated by the abandonment of the condition of personal residence? — It was so. 64. By whose authority wns thatcondition abandoned ?— By that of the Executive Council. C6. Tiie militia grunts, which you have before mentioned as l>eing exceptional from the general systems from time to time in force, were miulc, were tliuy not, upon the plan of the location tickets ?^l'lie first land grant in reward of militia services w.i» iliat made to the officers and privates of the British and Canadian militia, who served during the siege of Quebec in 1776-fl. Those parties received letters patent for their grants, subject to the mii me conditions OS I have previously described as being contained in the grants to leaders and associates. The gnints to the embodied militia who served in the last American war were subject to con- ditions of settlement according to the location ticket system. 60. As to the first set of militia grants, were the conditions generally fulfilled ? — No. 67. As to the second set? — ^They have not been fulfilled. 68, How are the conditions evaded in both cases? — In the first case, the pailies being in possession of their letters patent, sold their right, generally for a trifle, to parties who have held them in a wild state ever since, trusting that in time they might become valuable. In the second cose, I believe that settlements would have been forvned if there had been proper arrangements made to enable the grantees to reach tlieir lands, with some superintendence immediately aflerthey had got to it, to which the Canadians have been accustomed. 60. But, in point of fact, very little settlement has taken place under these grants ? — Very little indeed. (10. Hove the originol grantees generally retained the property ? — I have every reason to believe not to any great extent. 61. In what way have they generally disposed of it?— For very trifling considerations. 0*2. Have you any idea of the average oniount of the consideration ? — 1 should think that four or five dollars would be a very fair average. Art. So that, in many cases, the grant was disposed of for next to nothing? — Yes. 04. And in no case for it sum sutHcient to be of permanent service to the grantee ?->In no case, except, perhaps, where there happened to be water-power upon the grant. 05. S^uch cases would be very few ? — Very few in proportion to the whole. 00. The whole object of the Uoveniment, therefore, in making these grants, both as respects the advantage of the militiamen and the cultivation of the land, seems to have been defeated f — To a great extent. The improvident manner in which the militiamen of 1776 disposed of their grants was to be expected from their character as townsmen. I have heard that one of these grants was sold for o bottle of rum. And it is to be lamented that the want of a proper arrangement prevented the object of the gront from being occomplmhed with respect to the grants to those who served in tiie last American war. 07. VV'hot has been the amount of land granted to militia claimants ? — Under the claims of those who served in 1776-0, 232,B21 acres ; and under tlie claims of those who served during the last American war, 217,840 acres. 08. Are all the militia claims satisfied ? — No ; claims to the amount of from 600,000 to 000,000 acres are yet pending. 00. By what authority have militia claims been decided ? — By that of the Executive Council. 70. Do you suppose that the claims now pending are generally mode bond Jitle, i. e. that the claimant desires the grant for himself, or that the beneficial interest in such claims has been to any extent transferretl to other parties?— My impression is, that the beneficial interest has generally speaking been transferred. 71. For what consideration generally? — For a trifling consideration, on account of their being subject to duties of settlement in the first instance, and the generality of the claimants not being aware, even to this moment, that they are relieved from them. 72. Have the claims of many individuals, do you suppose, been transferred to u single per- son ? — Yes. 73. The purchase of these claims then has been a speculation in lands ? — Yes. 74. How has it happened that so many of these militia claims have remained unsettled for ' so long a period ? — The difiicultv experienced by the militiaman when he was firet discharged, in finding the land assigned to him, induced him either to give up tlie grant as useless, or to dispose of it for a trifle. The expense of the duties of settlement has operated in preventing the parties who mav have purchased militia claims from urging the claim so acquired. Many of then» would probably never have been pursued, if the new system of selUng had not led to on expectation that wild lands will soon become more valuable. 76. So that the plan of selling, in substitution of all plans of free grants, which was intended to limit the alienation of Crown lands, has tended to bring forward claims, by the granting of which a very great alienation, on the free-grant system, would take place ? — I think so i and this is a remarkable example of the manner in which two different modes of disposing o f Crown lands may counteract each other. 3.— III. u 3 70. And m ■ Id r 11 ' 'f- ; ii; -'1 r n 40 APPENDIX TO REPORT ON THE AFFAIRS OF ' 1 •:) h . s '- u.. I\\ Eviilctire. f^- And bMideii the counteraction of tlie plan of telling now eiitabliHhcn the socage tenure has been proportionably augmented ? — It has. 86. Proceeding to the Treasury instructions of November IB20, be so good as to state what have been the proceedings under the system which they established ? — ^Those Treasury instructions required that all land should be disposed of by sale, the purchase-money to be payable in four etjual annual instalments ; with a provision that sales be made to poor lettlers upon what is termed a quit-rent, but whicti was, in fact, interest at ft/, per cent, upon the estimated value of the land, redeemable at any time upon payment of that value. Tne land was to be disposed of by public auction, at an upset price ; and the auantity to be put up for sale, as well as the price at which it was to be offered, were to be uetermined by the Governor, upon tlie recommendation of the Commissioner of Crown Lands, who was directed to make an annual report to the Governor for that purpose. Due notice was to be given of the time and place of sale, and of the quantity, situation, and upset price of the land ofTered ; and any land not sold at that time was to be reserved for future sale in a similar manner by auction. 87. Were these regulations strictly observed ? — As far as respects the annual report to the Governor, and there ocing an annual sale, they were; but a practice prevailed of disposing of what remained over from the annual sale by private contract, at the upset price. 88. Of course, the degree of competition at the annual auction sales depended upon the quantity of land which the -Government brought forward for sale ? — Yes, naturally. 80. Was the competition generally such as tliut the price obtained exceeded the upset price ? — Very seldom, indeed. There are a few instances where the price obtained exceeded the upset pnce. 90. To what proportion of the lands disposed of under the auction system does this remark apply? — ^To a very trifling per centage of the whole; not exceeding 2 } per cent., or one thirty-ninth part of the whole. 91. The object of selling by auction, therefore, was scarcely ever accomphshed ? — Scarcely ever. Nearly the same result would have been produced by a fixed price, without auction. 02. What do you suppose to have been the inducement (or introducing the plan of sale by private contract, notwithstanding the direction that sales should be by auction? — The public advertisements led parties to suppose that there would be but one sale in the year ; and the lands BRITISH NORTH AMERICA. 4f lands having been once offered, and not bid for, it wai conceived to be no . — Yes, it does. 112. During the continuance of the pretended system of sale, as determined by the instruc- tions of 1820, has it ever happened that land acquired by free grant during the same period could be purchased for less than the upset price required for Crown laud in the same neigh- bourhood ? — Yes, I believe there have been many instances of that being the cose. 113. Can you specify any ? — Yes ; for instance, land under the militia claims has been con- stantly on sale at much less than the upset price of Crown lands ; lands granted to officers, with a remission of the purchase-money, such as I have already described as free grants in reality, have been sold for much less than the upset price of these lands would have been if they had been brought to sale ; free grants to discharged soldiers have been under sale in the 3.— 111. c 4 same ■i'.: '■[■-.% ■.^. ..■"•"^F^. APPENDIX TO REPORT ON THE AFFAIRS OF 3 < Evidcnre. same way ; and besides this, lands obtained under free grants before the plan of selling was adopted,' such, for enuuple, as the grant of 48,000 acres to Sir R. S. Milnes, have been J. Dai idmn, Erq. continually on sale fur less than the upset price required for Crown lands in their neigh- bourhood. 114. You mentioned that Lord Ooderich's i.istructions of 1831, in so for as IheydilTered from the Treasury instructions of 18S6, have not been carried into effect. What is the difference in questiou 1 — ^The instructions of 1830 directed that the purchase-money should be paid in four equal annual instalments, without interest. Those of Lord Ooderich required the pay- ments to be made by four instalmaots at intervals of six months, and to bear interest ; the difference being between three years without interest, and 18 months with interest. 11&. Lord Coderich's price, m point of fact, was hieher than the other, or at least more restrictive of alienation 1 — It would have been if it had been acted upoa ; at least that would appear lo have been his Lordship's intention. 116. How (lid it happen that this instruction was not acted upon?— In consequence of a representation from Mr. Felton, the Commissioner of Crown lands, to Lord Aylmer, the Qo- vemor of the Province, stating that the torus imposed were too severe, and amounted, in fact, to exacting the whole purchase-money down. Lord Aylmer upon this authorized Mr. Felton to continue the former practice, and, it is understood, reported the circumatauce to the Home Government. This wrs in the year 1832 ; and the system of loujier credit without interest continued to be acted upon until the receipt of Lord Olenelg's despatch of 1837, which required payuient in ready money at the time of sale. 117. Uaveauysales taken place under that order of Lord Glenelg? — No; some applications have been .nude for liberty to purchase, but of very trifling amount. This is accounted for partly by the fact, that requiring payment in ready money naturally operates as a check to purchasers for speculation or jobbing purposes, and partly by the political state of tiie Pro- vince during the last year. : ' 8. Have you mentioned all the methods by which Crown lands have been disposed of in i J Province since the conquest? — With the exception of leases of Crown and clenjy re- serve:^, nnd some partial sales about the year 1810 for a special purpose, I think that I nave. 1 10. What are the Crown and clergy reserves ? — ^Tlie clergy reserves, according to the Act of 17UI, establishing the constitution of the Province, were to consistof a reservation in respect of each grant of waste land, " as nearly as the same can be estimated ut the time of making such grant, equal in value to the seventh part of the land no granted." Crown reserves con- sisted of a seventh part of each newly erected township, set apart, upon the recommendation of the Executive Council, for the support of the civil government. These reserves were made in all the townships until the establisnmeut of the system of sale in 1827 ; since which time the Crown reserves, though they do appear upon the diagram, yet, being open to purchase by individuals, have really been discontinued. Since that time also, the clergy reserves have been put up to sale in the same manner as the Crown property, under tht; aulTiority of an Act of the Imperial ParUament, but the reserves are still made, and the money received upon their •ale is carried to a separate account. 120. The Constitutional Act directs, that laud equal in value to a seventh of the land granted, as nearly as the same could be estimated, shall be reserved for the support of the clergy ; how has that direction been carried into effect ? — It has been lefl to the discretion of the burveyor- general, who, in the absence of means to estimate the value, has substituted a proportion of quantity. 121. What then has been the proportion reserved for the clergy? — A portion equal to one- fifth of the land granted. 122. But the Act says equal to one-seventh of the land granted ? — Yes ; I can only siiy that thvi practice has been such as I have described. The practice has arisen from the fact, that one-iifth of the granted land in a township was equal to one-sevciith of the township ; only five-sevenths being grantable, because one-seventh was reserved for the clergy, and one- seventh for the Crown. i 23. The proportion of one-seventh, then, was reserved for the clers^y, not only upon the land granted to individuals according to the tumis of the Act of 1701, but ulso upon the reserve lor the Crown, and also upon the rexerve for the clergy ; the effect being to reserve for the clergy one-seventh of the whole land of the province, instead of a portion equal to ono- Hcvenlh of the luiid Rctuully granted, or one-eighth of all the laud of the Province, as directed liy the Act of I7UI ?— Yes, such has been the case. 124. Has not the plan of selling Crown and clergy reserves altered the proportion of land ri'htrvcd for the clergy ? —Yes ; because reservations are made for the clergy u|>on every sals ul' Crown and clergy reserves, in addition to the original iCi">rvRtion. 125. Ill what proportion is the new reservation made ? — Oni-hfth of the land sold. 120. Then, under the operatio)i of the present system, the reserves for the cleivy arc equal to one-fifth of the whole land of the Province, instead of an eighth, as dirocteu by the Act of 1701 ?— Yes. 127. What are the exact words of the Act of 1701 ?— " That whenever any grant of lands within either of the said Provinces shall hereafter be made by or under the authority of his Majeatv. his heirs or successors, there shall at the same time be made, in respect of the haiiie, u j),'t>portionate allotmeutand appropriation of lands for the a'oove-mentioned pur|i<>se" (the support of a Protestant clergy) " within the township or parish to which such laiiils so to be Kraoted shall appertain or be annexed, or as nearly adjacent thereto as circumstances Mill admit, and thut no such grant shall be valid or eftcctuHl, unli-ss the same slntll coiituin a Bpeciticution of the lands so allott«d and appropriated in respect of the lands to be thereby i(ruiited, and that such hutdit so allotted ana Bp|>ropriated shall be, as nearly us tlit> circum- itances ,W' BRITISH NORTH AMERICA. 4» on of lam) ■ every Mda lid. ' arc equal by the Act at of lands prity of hw ct of the , pur|Mise" land It BO lumittaiiceii lill contain thereby ! uircum-> ■taticesi Btanoes and the nature of the case will admit, of the like ouality as the lands in respect of Evidence, which the aame are so allotted and appropriated, and shall be, as nearly as the same can be '-— estimated, at the time of making such grant, equal in value to the seventh part of the land J. Daridion, Esq. so granted." So that, supposmg 700 acres to have been granted, the clergy reserve in ' addition would have been 100 acres ; that is, a portion eq>'al to a seventh of the giant, and eqnal to an eighth of the whole land disposed of? — Yes. 1S3. Whereas at present, supposing 700 acres to be sold on behalf of the Crown, there is in the first instance a reservation of 140 acres in respect of such sale, and then upon the sale of ■uch 140 acres a further reservation of 28 acres, and so on, reservine one-fitth upon every sale, till the process could be continued no longer ; which would make the whole land dis- posed of 875 acres, and the reserve to the clergy 176 acres, or one-fifth of the whole land disposed of? — Yes, such is the case. 129. What has been the whole amountof land eranted, in respect of which clergy reserves have been made? — Rather more, including the safe to the Britisn American Land Company, than 3,600,000 acres. 130 The reserve, then, for the clergy upon this quantity, according to the proportion fixed by the Actof Parliament, would be about 600,000 acres, while, according to the practice now in force, it would amount to 880,000 acres, being an excess of 380,000 acres, making a clear excess of 76 per cent ? — Yes. 131. Can you grive an account of the actual excess of clergy reserve at the present time over the eighth directed by the Act of 1701 ? — 227.769 acres, not including the reserve, when the sale to the British North American Land Company is completed. 132. No actual reserves of land are now made, either for the Crown or the cleigy? — No ; what were called the Crown.reserves have merged in the general Crown property since the system of sale was adopted, and though the clerey reserves are still laid out and separately accounted for, they are open to purchase by individuals in the same manner as waste land, the property of the Crown. 133. You mean like Crown property laid open for sale, because it is only as clergy reserve that so much more land is brought into the market ? — I do. 134. Can you state why the system of actually reserving lands for the Crown and the clergy, so as to keep such lands out of the market, has been abandoned ? — ^The crying injustice of requiring settlers to open roads over lands which might remain waste until it suited the convenience of the Crown and the clergy to settle them was the principal reason. The people in the townships generally not being disposed to take lands on lease, a difficulty of communication constantly presented itself nova the manner in which the lots were distributed. In addition to which, the lots afforded a harbour to the beasts of the forest, to the great annoyance of adjoining settlers. 136. These reserves were a serious obstacle to the settlement of the country? — They were. 136. And have often been described as a public nuisance. Do you think that term appli- cable I — I do. 137. Thesystem of Crown reserves liavii.g been entirely abandoned, does the new system of clergy reserves, that is, the system of laying out land for the clergy in addition to other land laid out for sale, still operate in any degree as a hindrance to the settlement of the country ? — I think not, under the arrangement ofits being open to purchasers. 138. But does ii always happen, when such land is laid open to purchasers, that pur- chasers come forward to obtain it ? — Not universally. 139. Qenerolly ? — As far as it applies to the old surveyed townships where grants have been made, the proprietors of those grants wishing to obtain tlie lots which had men reserved, 140. But little clergy reserve, therefore, now remains unsold ? — But little in the townships that I have already alluded to, but considerable portions remain in other townships. I'll. What proportion of clergy reserves has been actually sold? — About 310,000 out of 073,000, or rather more than three sevenths. 142. Of the amount which has thus been sold, what proportion was sold immediately after the introduction of the system of sale?— The system of selling the clergy reserves was introduced in 1829, and the amount of clergy reserve at that time was about 000,000 acres. In the first year afterwards 1,100 acres only were sold; in the second year about 9,000 acres; in the third year 11,000 acres; in the fourth year 7,000 acres; in the fifth year 37,000 ocres; in the sixth year 77,000 acres; seventh year 111,000, and since then about 40,000 acres. 143. So that after nine yeara have elapsed, considerably more than half still remain unsold? — Yes. 144. May it not be said, therefore, that the plan of selling the clergy reserves has not ob- viated the objection to such a provision for the clergy, founded on the impediment to settle- inent? — Not altogether; but much good has been produced by the plan of selling. 146. You think, therefore, that in future the clergy reserves will not present any serious obstacle to the settlement of the country t — By no means. The very block of land to which the clergy are entitled, in respect of the sale to the British American Land Company, amounting to nearly 80,000 acres, may be so situated as to become a source of great annoyance to both the company and the public. 140. B«aides which, considerably more than half of the clergy reserves existing in 1829 still remain unsold and unsettled, without roads, and operating as an impediment to communi- cation between the settled parts of the country which adjoin them?— Yes. 147. You have already stated that the excess upon the clergy reserves, under the system which has been hitherto punued, in addition to the seventh mentioned in the Act, amounts to 8.— III. u upwonis 4- s. ^p«" 60 APPENDIX TO REPORT ON THE AFFAIRS OF Is s m m iTJilwnir upwards of 237,000 acrcB ; supposing Uwt this were united to the Crown donwin, what would — ^ ' be the amount of clergy reserves yet remaining? — Not quite 140,000 acres. J. DmuAfn Esq. 148. And of this, how much may be sold annually under the Act authorising the sale of the clersy reserves ? — 100,000. 140. In this case, then, the evils still occasioned by the existence of the clergy reserrea might be removed to a considerable extent, even under the present law ? — Yes, they might. lAO. Has it ever occurred to vou that provision micht be made for the clergy, with equd ad- vantage to that body, and without such injury to the public as you havejust alluded to, by appropriating to the clergy a proportion of the receipts for all sales of Crown land, instead of reserving a proportion of land for future sale on their account ? — It never has ; but I think that system would be a far better one. 161. What has been the total amount produced by the sale of clergy reserves in this Pn^ vince?— £.72,203 17j. 4rf. 162. Of this amount, how much has been actually received? — £.60,426 lOt. 0}(i. 163. To what deductions have these receipts been subject? — ^To 10 per cent, on interest received, and five per cent, on instalments to the out-agents by whom they were collected ; and five per cent, upon the whole receipts to the late Commissioner, allowed to him by way of rompeuHation for the trouble of management. 164. Is this latter payment still continued to the Commissioner? — No. 166. At what period did it cease 7 — On the 1st of October last. 166. Then this commission has not been paid upon the whole of the money actually received? — No, only upon 60,425/. 10«. 9d., tne amount received up to the 1st of October, at which time the present arrangement came into force ; the out-agenta only receiving their commission for collecting. 167. You have said that this five per cent, was allowed to the Commissioner of Crown lands as a compensation for the trouble of management of the clergy property ; was it then in addition to his salary and the ordinary fees of office? — It was; mat duty forming no part of the duties imposed upon him by his commission. 16B. In what manner then was he invested with the maLagement of this property, since it was not included within the range of his duties as Commissioner of Crown lands ? — By virtue of an Order in Council, made after the receipt of the Act of the Imperial Parliament, authorizing the sale of the clergy reserves. 160. What was the amount of lalary and fees to which Mr. Felton was entitled as Commi>> sionerof Crown lands ? — The emoluments of his office could not be less than 600^ sterling, nor exceed 1,200/. sterling. The 000/. was to be paid out of the produce of the sales, . and he was further entitled to a commission of five per cent, upon the amount sold beyond the 600/. necessary to pay his salary, such five per cent, not to amount to more than 600/. 160. Was there any similar limitation as to the amount of per centage to be received upon sales of clergy reserves ? — No, there was not. 161. Then might not this mode of payment operate as an inducement to the CommisMoner of Crown lauds to furee upon the market a greater quantity of land than that for which there was a legitimate demand ? — 1 do not think that Mr. Felton was actuated by any such motive ; but I know that his opinion was always strongly expressed on the vital importance to the well-being and advancement of ths townships that tlie whole of the clergy reserves should be disposed of, in order to prevent the chance of their coming under the management of a clergy corporation. Having tiius qualified my answer, it is very possible that such might have been the operation, and tliat th(::y may nave been put upon the market a year or two earlier than there was any necessity for. 162. Is it not the fact that the conduct of Mr. Felton was attributed to such a motive? — Such motives were, I believe, attributed to Mr. Felton by the agents of the cleigy cor- poration. 163. Were the clergy reserves thus sold, in general, purchased in small quantities for the purpose of settlement, or in large blocks, by speculators, who have done notn>».^ aia^e to im- prove them ? — Since the year 1B33, almost entirely by speculators, who, I believe, havs since allowed tlicm to remain waste. 164. Then supposing that Mr. Felton 's objection to the existence of clergy reserves was the impediment whicn they offered to settlement, the course whicli he pursued has done nothing to remedy that objection? — No; but he might fairly assume tliat it would, upon the prin- ciple of parties not feeling disposed to let so large a capital lay dormant after the whole in- stalments have been paid up. 166. And is not the land thus sold, by being transferred from a public body to private indi- viduals, more witiidrawn from public control for the furtherance of public purposes than it was previous to the sale ? — Undoubtedly so. 166, The great objection to clergy reserves upon the old plan,, and even upon the present plan, is that the system opposes obstacles to communication and settlement, by leaving great masses of wild land between spots that have been settled ; but this objection is not connned to the clergy-reserve system? — No; the objection applies generally, and most particularly to the large free grants which have been made in exception to existing regulations. Those grants have been suffered tu remain without any other roads than those which may have been cut through the.u at the public expense ; no pains have been taken, even after such roads have been made, to afford sufficient facihties to settlers to keep them open ; and tlie consequence has been, that after a few years the roads have in many instances become im- practicable, and the object for which they were intended has been defeated. The cirauin- stances which led to tlie opening of roads at the pubUc expense, vis., the desire of settlers at a distance BRITISH NORTH AMERICA. •1 a diBtance to have an easy communication with the large t^wns, produced a series of com- Evidtaee. plaints, which induced the Assembly of the Province to investigate the matter, and the Govern- ,— ment, through its representations, to adopt a measure with a view to the correction of the J. Davidton, taq. evil. 187. What was that measure? — The establishment of the CSourt of Escheats, which took place in 18Se or 1827. This court was established to inquire into the fulfilment of the conditions . attached to mnts of land, and, upon inquest and finding that the conditions had not been fulfilled, to declare the land forfeited to the Crown. Some inquests were held in the district of Quebec, which, owing to the non-observance of some technical proceeding, are still in abeyance. Others took place relating to land in the district of St. Francis. The findings under these latter inquests, and the whole proceedings, were quashed on some point of form. 168. Has any wild land, private property, been escheated to the Crown under the proceed- ings of this court ?— None, finally. 160. Does the court still exist? — I understand not. 170. How long did it exist? — About nine years. 171. And was totally inoperative? — With the exception I have mentioned, it was. 172. I mean inoperative, so far as diminishing the evil which the courtVas intended to re- medy? — In that view, it has been auite inoperative. 173. Did the establishment of this court occasion any expense? — But little beyond the expense of the salary of the judge and clerk. 174. By whom were the proceedings of this court set aside? — By the Court of King's Bench at Sherbrooke, as related to the inquests respecting land in the district of St. Francis ; and the proceedings at Quebec are suspended. 176. Was this court popular? — -By no means. 176. Not with any class of persons ? — With none. / 177. Upon what ground was it unpopular ? — It was considered unnecessary by the lawyers, who said that the existing laws of the country were sufficient, and that many of its provi- sions Ci Mid not be legally carried into effect. 178 Could it have been unpopular with those who had so loudly complained of the nui- sance which it was intended to aoute? — This is a question \ cannot fairiy answer till I have . Gonvorsed with those people on the subject. But it may be inferred that the opinions cnter- tair ', nuance of the present system of timber duties in England. . — — 314. According to the price required for timber licences under the Treasury instructions, J. Davidton, Ew|. may it not be cheaper to purchase land for the sake of the timber merely, than to pay for a licence ? — It may be so ; and an instance came to my knowledge of an attempt of the kind • in the newly surreyed township of Wakefield, which I however defeated, by directing the agent not to accept bids, except from persons that he believed to be intended settlers. 21&. Have you then the power of rejecting an oiFer to purchase land made at a public auction 1 — Under the conditions of sale, publicly read by the agent, no sale is valid until confirmed by the Commissioner of Crown Lands. 216. Do you imagine that any land has been purchased with this intention ? — I could not say in that no land has been purchased with this view ; but as no sales have been made except in surveyed townships, I cannot bring myself to believe that they have been made to any great extent. 217. Have you not reason to suppose that the large purchase of no,000 acres, to which you have referred, in Gasp^, was made with that view ? — It was avowedly so; I was myself informed so by the purchasers. 218. What was the price per acre at which this land was sold? — Varying firom 1<. Bd. to 4«. per acre. 210. Is there much land, the property of the Crown, upon which people have settled unlaw- fully, or, as it is commonly called, squatted ? — ^There are squatters upon the Crown property to some extent, but not in sufficient numbers to occasion any great difficulty in arran^nng wijth them ; for, from what I can understand on the subject, they all expect to pay frr their land, but to have the benefit of pre-emption. 220. What do you imagine are the grounds upon which tliey have formed this expecta- tion? — Not, certauily, from anything that has ever been held out to them; but ti^sre is a general feeling amongst people of that class that, when they have reclaimed wild latul, they are entitled in equity to that degree of consideration on the part of the Government. 221. They have then no other grounds for the expectation than their own opinion that it would be but equitable in the Government to depart from the present re(;iilations in their favour ? — None, most certainly, that I am aware or. 222. You spoke just now of arranging with them without any great difficulty ; to what sort of an arrangement do you allude? — That they would willingly conform to any terms of purchase that the Government might propose. 223. Has an arrangement been made with any of them ? — I should rather think that some of them must have come in among persons who have been considered as tenants and occupiers of lots, and who have been allowed by the Governor to purchase without being exposed to the competition and publicity of an auction. 224. Has that been a common practice ? — It is a matter of right in the former class, under the Treasury instructions of February 1826, 226. But directly contrary to Lora Goderich's instructions of 1891, which require that no land should be disposed of except at public auction ? — The reading given to those instructions here has been us applying only to waste and unoccupied lands. 226. But, whether or not contrary to Lord Goderich's instructions, this mode of disposing of Crown land is another method exceptional from the general rule of public sale by auction, in addition to the numerous exceptions which you have already mentioned ? — It is ; and I should have enumerated it amongst the others, had it not formed part of what have here been considered the existing regulations. 227. Returning to the squatters, are the cases many in which the Crown has forced such persons to purchase the lands occupied by them ? — In no instance, that I am aware of, nas the Crown forced them. 228. Has the Crown ever attempted to eject any of them? — I believe not. 220. You said that many of the squatters might have been considered as tenants and occu- piers, and might have purchased their land in that character, without being subject to auction ; but if they are considered tenants and occupiers under the Crown, how could they be con- sidered as squatters, when the essential characteristic of a squatter is, that he occupies with out a title ? — My answer must be understood as not applying to tenants ; but that I find in the lists, approved by the Governor, of persons allowed to purchase without being subject to auction, the term occupier as well as that of tenant ; and I therefore suppose, but without any positive knowledge on the subject, that it may have been used to cover cases of squatters who had really improved their farms to a cougiderable extent. 230. But if so, it must have been directly in breach of the Treasury instructions of 1826, and Lord Goderich's instructions of 1831 1 — I give the practice as it has obtained. 231. Do you imagine that any large proportion of persons, occupying without any title at nil, have been treated as though tliey were occupying under a pertectly legal title ? — My impression is, certainly not. 232. What sort of an arrangement would you propose to come to with squatters upon Crown lands ? — By allowing them to purchase at a fixed rate ; but I allude only to those who have really improved their land, and may be considered as butidjide settlers. 233. But if they should be disposed to hold their lands as at present, without payment rather than to pay for them, what course would you propose to adopt ? — I should proceed against them by ejectment. 234. Would the process of ejectment against settlers on Crown lands be euEy of execu tion ! — I see no difficulty in it. 234. Are the Crown lands upon which squatters have established themselves well ascer 3'— III. H 3 tained » ni mm M APPENDIX TO REPORT ON THE AFFAIRS OF Evidence. tamed nnder the gurreys of the Croivn LandB* Department ? — ^To say that they are would be to •_— admit that the surveys of townships could in every instance be depended upon. As. far J. DnUum, Esq. n my experience goes, the contrary is unfortunatelv the case. 236. Would there be, generally speaking, much difficulty in proving^, to the satisfaction of a court, what was Crown land upon which squatters had established themselves ? — I should apprehend no difficulty there, because the burthen of the proof would lay with the squatters, unless the validity of the surveys produced could be called in question. Si)7. Generally speaking, do you suppose the surveys to be correct? — I apprehend that they are not. . 238. But the alleged squatter's proof must necessarily, must it not, be drawn from the sur- veys? — I should imagine so. S80. Could he have aoy other means of identifying the land claimed by him ? — I presume not ; but I must qualify my answer by saying that the question borders on points of law upon which I am not competent to offer an opinion. 240. Supposing that the onut probandi as to title rested with the Crown, how would the Crown show that the land in question had not been granted ? — By a technical description of the lot or tract taken from the survey as made. 241. That is, supposing the surveys to be'accurate ; are they, do you believe, inaccurate to any great extent ? — 1 can instance two townships, Shefford and Orfurd, (and how many more may prove inaccurate, as questions of boundary arise, it is impossible to say) which ore very ioBCcnrate in their subdivision. 242. Inaccurate in what respect, and to what extent ? — On actual recent survey it has been found that no one lot agrees with the diagram on record. 243. Was the diagram made from actual survey? — It purports to be made from actual survey. 244. By whom was the recent survey made ? — That of Shefford by Mr. Wells, and that of Orford by Mr. Wyss, both of them deputy provincial surveyors, ana considered persons who stand hicrh in their profession. 245. To what extent do the lots differ from the diagram on record ? — The lines dividinfr the lots, instead of running perpendicularly according to the diagram, actually run diagonally. Tlie effect of which is necessanly to displace the whole of the lots, upwards of 300 in number, from their true position. The lines dividing the ranges are so irregular as to give to some lots two-and-a-half times the contents of others, though they are all laid down in the diagram as of equal extent. There are lakes also, which occupy nearly the whole of some lots, that are entirely omitted. 240. From which it would appear that the diagram was prepared without any actual survey at all? — 1 have heard it repeatealy stated, and it was generally believed, that, in many instances during the early surveys, if the surveyor did run tne outlmes of the township he was com- missioned to survey, it was as much as was ever done, and the whole of the field-notes and subdivision was mere fiction. 247. You have spoken of ShefTurd and Orford ; are there any other townships as to which means of comparison exist l)etween the diagram existing in your department and the actual subdivision of the township? — I have not seen any, but have heard complaints of a similar nature respecting the township of Grenville, but tney have not come before me in an ofHcial shape. 248. What reason have you for supposing that the surveys of other townships may have been more accurate than tho?e of Shefford and Orford ? — 1 have no reason for believing that they are, other than that, in some parts of the country, the same causes of error may not have existed, whether physical causes, such as that of magnetic attraction, where there really was a survey, or, in cases where there was no actual survey, the negligence of the surveyor. 249. Are the old French surveys of the seignorics considered to be accurate ? — I have never heard them coni|)lained of, and I believe that their accuracy is undoubted. 260. The inaccuracy, therefor*", of which you have spoken, is confined to that part of the Province which has been divided into townships. About what extent of country is comprised in that description? — ^There are 100 townships, of about 100 square miles each. 261 . Including all the land which has been disposed of by the British Government, except the seignories which were erected by that Government shortly after the conquest ? — Yes. 262. It appears that similar difficulties to those which might arise in settling a question of title between the Crown and an alleged squatter, arising from the inaccuracy m the towusiiip surveys, would extend to all grants and sales by the Crown 1 — They would. 253. And also to all questions of title between persons claiming to have a grant, or to have purchased from the Crown, and alleged squatters upon the land asserted to be theirs ? — Undoubtedly. 264. And also to all cases in which different persons should claim to have received or pur- chased the same piece of land from the Crown ? — Yes, more or less. 266. Is it not considered that this state of the Crown surveys must prove a source of inter- minable litigation herealter? — It is a general observation. 360. Considering the state of the surveying department, may it not have happened that the aame land has been granted or sold to more than one person ? — The granting the same land to more than one person is an error in which the Surveyor-general has his full part ; but other officers of the land-granting department, under the system which obtained till last October, and whose business it was to auait the patents, for the purpose of preventing such occurrences, are equally to blunic. 267. You are alluding now to double grants, wherein the error is plain upon the face of the patents ; that is, where the same lot nominatim has been granted to different persons t '—1 am. 368. But BRITISH NORTH AMERICA. M8. But I alluded to double grants of the same land, under different designations, arising from the defective state of the surveys ?— How many of these cases may arise it is impossible to say. 268. Have anv such cases been discovered ? — None have come before me in on official shape ; but I apprehend that questions of that nature are waiting, in great numbers, until land shall have become more valuable, when the Crovra will be called in upon every occasion to defend its ovm srant. 360. And, considering the state of the surveys, will be without the means of such defence ? — Unless measures to prevent the evil should be adopted before its occurrence. 261. You appear to consider this as a subject of very high importance, and demanding tha immediate attention of Government ? — I do, in common with any person who has ever reflected on the subject. 262. In the neighbourhood of granted lands, or lands purporting to be granted, your depart- ment must, I suppose, often be at a loss to know what land has oeen granted, and what re- mains the property of the Crown ? — Since we have been satisfied of the probable inaccuracy of the surveys, ana of the little reliance to be placed upon the diagrams, an unpleasant feel- ing of responsibility has arisen upon this subject. 263. That is, a Reling of fear lest you should dispose of land already disposed of? — Pre- cisely so. 264. And, on the other hand, it may also be feared, I conclude, that the Crown should leave in the hands of private persons land which really belongs to the public ? — ^The one is just as liable to take place as the other. 26ft. It appears, by a return from your department, that in 1833 and 1834 the remission of purchase-money, or, as you have described it, virtual free grant, under the iorm of remit- ting the purchase-money, was not confined to officers of the army and navy, but that the purchase-money was remitted to others under an authority from tne Governor or Secretaiy of State ? — There were two such remissions ; the one to Mr. Christie, chairman of the quar- ter sessions at Quebec, and the other to Mr. Coffin, chairman of the quarter sessions at Three Rivers, in lieu of arrears of salary due to them, and for which the Provincial Legisla- ture had refused to provide. 266. Are the British North American Land Company supposed to have selected the most valuab) ' lands open to appropriation in what is commonly called the Eastern Township's District ^— Yes. 267. Including Crown reserves in the settled townships ? — Yes. 268. And the price that they paid was less than the then upset price anywhere m that dis- trict? — Yes, with the exception of four townships, in which the upset price appears to have been 4«. currency per acre, while the price paid by the British American Land Company for their surveyed lands was, 1 understand, 3«. Od. sterling. 26D. How much less 1 — In three of the remaining townships the upset price appears to have been 7i. Od. per acre, and in the 16 other &«. 270. They also bad a longer credit than was given to any other purchasers ? — Yes. 271. Was it considered at the time that they had agreed to pay more or less than the price which they would have had to pay if the land had been submitted to public auction accord- ing to the existing regulations ? — I myself considered that they had agreed to pay less than that price, and I oelieve such was the general opinion. 272. This property has naturally deteriorated in value, in consequence of the recent rebel- Uon in the Province r — I do not think so, at least not permanently. 273. Is there not a proposal now before your department, from a company formed in this Province, and comprising gentlemen of wealth and the highest respectabihty, whereby the Government is requested to sell 226,000 acres of land in the county of Megantic, adjoining to the tract of the British North American Land Company, but not of a superior soil, or in a superior position, and not comprising any Crown reserves, at the same price, and upon the same terms in all respects as tiiose which formed the conditions of the grant to the British North American Land Company ? — I am aware that a petition of the nature to which you allude, and signed as you stated, by persons of high respectability and standing, and for the tract in question, has been presented to his Excellency the Qovemor-general; but it has not been formally transmitted to the Laud Department. James Hastings Ktrr, Esq, 274. It is understood that you have had considerable opportunities of becoming acquainted with the state of landed property in this Province? — I nave, purticulau^ with regard to township laud. 276. Be so good as to state in what way you have obtained tliat information ? — As an agent, employed by many persons interested in the lands of the Province. 270. During how many years have you had these opportunities ?— During the last eight years. 277. You may naturally have had occasion to reflect upon the different methods which have been pursued by the Crown in this Colony for the disposal of the public lands ; to compare them with each other, and to form some opinion as to their general operation, whether bene- ficial or otlierwise ? — I have ; I consider none of the plans that have been adopted by the Crown as likely to lead to an extensive settlement of tne Crown lauds. 278. Be so good as to state your view of the opemtion of the system of leaders and associ- ates ? — 1 can only state it to have been a disgraceful system, or rather practice. The associates were, generally, persons residing in the United States, and frequently the leaders resided 8.— III. H 4 there EviiUnce. J. Dn Uim , Biq. V i J. Haflings Kerr, Est]. fi6 APPENDIX TO REPORT ON THE AFFAIRS OF EvklMor. there also. The object with which the system of disposing of Crown lands, under which --— this practice arose, was devised, appears by the following passage in the original instructions J. H^ihHfi Kerr, framed for the nants of land in the Provmce, section 61, which states that " neat incon- ^' Tcniences have heretofore arisen in many parts of the colonies in America from the granting excessive quantities of land to particular persons who have never cultivated them, and have thereby prevented others, more mdustrious, from improving such lands." The object, there- fore, was the settlement of the country, by means of putting a stop t9 grants of land to persons who would not improve it. The effect, however, has been, that the louler, in almost every case, became possessed of nearly the whole of the entire quarter, or half, or whole township granted to him and his associates, and the land thus obtained has been in moat instances, excepting in a few of the frontier townships, some of which contain a large popu- lation, withheld from settlement up to the present time, unless squatted upon. 278. Have these grants ever since presented a serious impediment to the settlement of the country ? — Yes, very serious. 380. And do BO still ? — Yes ; for many of the large holden refuse to sell at reasonable rates, trusting to the value of their lands being increased by the settlements going on around. In some cases a tract of wild land may lay between a back settlement and a road, as in the townships of Lingwick, Hali&x, Simpson, Wendover, and many others. In these cases the inhabitants are entirely cut off from the road, and cannot even make a road for themselves without being liable to an action for trespass ; besides which, the expense of making such a road would of itself suffice to deter them. In addition to tliis, these wastes serve as a har- bour for wolves, which, a short time since, so infested the various districts of the Province, that an Act of the Legislature passed giving a bounty upon the killing of a wolf. Similar inconveniences have arisen from the system of Crown and clergy reserves which accom- panied that of township leaders and associates. The evil resulting mm the Crown and clergy reserves has been removed by the alteration of the system, by which Crown and clergy resenres have been made open to sale. The inconvenience arising from the excessive grants still remains. 281. Does the word inconvenience sufficiently express the nature of the evil? — No; and I hardly know what word to use that would be strong enough to express it. About 1800 or 1 810, the system of leaders and associates was discontinued, and for some time afterwards there appears to have been scarcely any land granted. In about 1810, the system of grantingupon location tickets was introduced. Under this system, the settler was required to perform set- tlement duties before he could obtain a title to his land ; but these duties, in the manner in which they were performed, rather deteriorated than improved the condition of the land. The settler cut down and burnt his four acres and built his hut, and then obtained his title and abandoned the land. 282. Did the system of location tickets add much to the quantity of land alienated by the Crown, and yet not settled ? — It did ; but at the same time, much settlement actually took place, on the Ottawa and in the eastern township, under this system. The location system was followed by a system of sale, as directed oy the Treasury instructions of 1826. This system induced many of the squatters to purchase a title to the lauds they occupied, but few actual settlers purchased land with a view to settlement. The chief purchases have been made by persons of property, with a view to speculation, under the impression that it would pay very good interest for the money invested at some future day. 283. In Uiis way therefore the extent of private property still in a wild state has been con- siderably augmented ? — Yes. 284. You are aware that, concurrently with the plan of selling, free grants to a great extent were also made '. — No ; excepting under pledges made by the Government before the sys- tem of sale was introduced. 285. But the fact has been that free grants were made at the same time that the system of sale was pursued ? — Yes, it has so been. 280. Do you think that the plan of selling would have been more effectual if the Govern* ment had been able to stop all free grants from the period of its introduction I — More land might have been sold, but probablv only to speculators. 287. The price then ap|>ears to have been too low to deter speculatore from purchasing with no view to actual settlement ? — Yes, it was so in many of the townships. 28U. The upset price was fixed by the Government, on the recommendation of the Com- missioner of Crown lands, and diilered in different townships ; do you think that the upset price was suitable to the particular circumstances of each township ?— No; in some cases the price was too high, and in others too low. 280. Too high or too low in reference to what ? — ^To locality, the neighbourhood of settle- ment, and the quality of the land. On the Ottawa, particularly, too high in reference to the means of the settlers. 200. Do you consider the system at present in force foi the disposal of Crown lands to be efficient with a view to the settlement and improvement of the Province, or are there any points in which you consider the system detective ? — I do not consider the system efficient, out defective in the following points : In the first place, there is not sufficient liberty of selection. Under the present system, that land only is obtainable by individuals generally which has been selected for the annual sales. It is the Government, in fact, which deter- mines what land shall be open for purchase. 201. What branch of the Government? — The Governor. 202. But from his own knowledge or that of other persons ?— Upon the recommendation of the Commissioner of Crown lands. 203. So BRITISH NORTH AMERICA. en coa- bystem of I Govern- lore land [rchasing \\e Corn- tie upset ae casei [)f settle- fe to the Ids to be ere any Efficient, erty of enerally deter- Indation e03. So MS. So that, bi point of fcct, it ia the CommiMiaiMr of Crown lands who detanninea what land ahall be open lor appropriation ?— Yta. tM. Doea he decid* upon local knowled|;t 7—1 should amy not ; I do not know what local • knowledge a man can have who has not visited the sections of the country where the lands are put up. attt. Inen upon what grounds do you imagine his decision to be formed ?-r-t cannot tell you. In some instances, perhaps), u|.>on application from individuals ; in others merely irom the dictate of his own will. 999. But upon special application, uidividuals mav acquire land which has not lieen in- cluded in any annual sale?— They may, L-ccasionally ; but such applications must be referred to the Oovemor, who has hitherto decided upon them according to the recommeodation of the Commissioner of Crown lands, who might not have approved of the applicatian. Such applications may have succeeded, but they may not, and there is no cortaintv. 207. Are you at all awareof the grounds upon which such applications are decided? — No; itis but very seldom tliat any reason isasaigned ; but the general answer in case of refusal is, that " His Excellency does not consider it expedient to comply with the request." Muok depends upon the perseverance of the agent. I have, in many instances, not been coataat with the first refusal, particularly as to free grants, and have in many of those cases pioanred a reversal of the first decision. 196. Was your importunity addressed to the Governor, or to the Commissioner of Crown lands?— To the Oovemor himself, but my remonstrances were always sent to the Commis- aioDer to report upon. 209. You are speaking now of the practice which prevailed up to August 1830. Since then the facilities have been greater? — Much greater. 800. To what do you attribute such increased facility? — In part to the power being in the hands of a board, ins sad of v single individual, and in part to the greater aoaessibility of the Commissioner of Crown Inuds. 801. All power seems, however, to be really in the discretion of the Commissioner of Crown lands? — Hitherto, entirely so. 802. The power of the CofE:7-^ssioiier seems not to have been confined to the subject now in queation, but to have exteo u^d over every part of the system for the disposal of lands? — It has so, especially in the time of the late Commissioner, whose decisions in almost every case were confirmed by the Government. 803. 1 suppose that, in fact, the late Commissioner had the power of withholding or granting just what land he pleased ! — He certainly had. 804. How did his exsrciMc of that power affect the disposal of Crown lands ? — In many in- stances to the prejudice of iiidividuuis, and in very many to the obstruction of the settlement of the country. 306. The same power seems to exist now ; in what respect is it differently exercisM ? — With greater discretion ; and the decisions apoesr to be less arbitrary, titat is, more reasonable ; and more attention seems to be paid to tne public interests. •06. Are these all the deiiecta that you have to notice ? — No ; there is considerable uncer- tainty on the part of the intending settler, as to his obtaining the land which he has selected. It is occasioned by the plan of selling by auction. The person desirous to obtain land included in any annual sale may, after waiting for the sale, find himself overbid, and may thus not obtain the land upon which he had fixed. And again, in the case of an unsurveyed truct, after incurring the expense of the survey, he may be overbid by some other person who has not incurred any portion of that expense. It is true that in such cases the expense of the survey would be refunded to him, but the trouble and anxiety he has incurred will be of no avail. 807. Does this operate practically as a check to applications for land ? — It must do so ; since it introduces an uncei-tainty as to whether an individual who has incurred trouble and expense will reap the reward. I may mention as an instance, that in the township of Gos- ford, in which several ranges were surveyed and laid off' upon special application trom indi- viduals, and at their expense, I attended the sale, in May 1837, in company with another gentleman. The upset price was 1*. 8d. |>er acre, and we, seeing that the land was likely to be sold for a low price, bid fur 0,000 acres, at the average price of 2 s. 3 SOR. k Evidence. Hmting* Kttrt E«i|. r T m M AI'PENDIX /TO REPORT ON .THE AFFAIRS OP Evkkncc. i*^- '■ "il 1*"^ which hat not been ditpowd of at the annual sale put up at the next monthly ___ rale ? — No, that it not the caae ; for upon one occaiion I wiilicd to obtain tome land whicn J, UMi»p Ktrr, had been put up for ule, but not aola, at an annual itale, but had to wait aeveral months Etq. till an auction took place. 309. But the Kcneral practice is to put up fur sale, at a montlily auction, the land which has not been sold at the yearly auction ? — Yes, in some townships ; but in others tbare is no agent, and no monthly sales take place. 310. In these other townships, therefore, the persons desirous of obtaining land included in annual sales must wait for the next annual sale ? — Yes, in the ordinary course ; but upon special application, the agent nearest to the spot might perhaps be uppomted agent for that township, and he might then put up the land to auction on ttie day fixed for monthly Mies .within his agency. 311. That is the day Axed for monthly rales, in case it was the practice to sell monthly in that township?— Yes. SIS. Have you anything further to say on this head ? — No ; but I will now refer to the inconvenience of references to the Executive Council, upon applications for free grants founded upon old claims which had not been pursued at the time of arising. 313. Wnat is that inconvenience ? — Such refei-ences, in many cases, remain unreported upon and neglected for months. 314. In such cases then the power does not rest with (he Commissioner of Crown lands ? — No, but with the (jovemor in Council. 316. Are there any means of knowinir, in such cases, upon what grounds the decision upon any such reference is made N In fume cases there may be. The proceedings before the Council are f«ry, who directs the provincial secretary to engross the patent; the fees are then levieu, and upon the payment ot fees the provmcial secretary engrosses. On engrossment being made, the Governor signs the patent, and the great seal of the Province is attached to it (this signature is procured by ttie pro- vincial BHITISH NORTH AMERICA. 6i> vincial lecretary). The patent it then eent to the Commiwioner of Crown lanHs to be audited. At preeent, one of the CommiMionerB audita ; this uied to be done by the auditor, but the office of auditor ha* beeu abolithed. When the audit ia made, the title it said to be per- fected ; but ualeis the patent is audited within six months after the signature, the patent is void, notwithstanding the Oovenior's signature and the seal of the Province. S28. How long has this system prevailmll — About IS months. Before that time, the first step was a reference from the Crown Lands Office to the Attorney-general and Surveyor- general, to prepare draft of patent and specification. When the Surveyor-general had prepared the specification, he returned the reference to the Crown LandsOffice ; the Crown LandsOffice then referred it to the Attorney-General to prepare drafl of letters patent ; the Attorney- general sent the draft to the civil secretary; the civil secretary sent it to the auditor for examination ; when the auditor returned it, the civil secretary sent it to the provincial secre- tary for engrossment; the provincial secretary ecnossed it on parchment, procured the Governor's signature, and attached the great seal oi the Province, and then sent it to the auiditor for audit, who, after audit, returned it to the provincial secretary, with whom it remains of record. 32tf. The old system does not appear to have been much more complicated than the present? —It does not ; tne difference is not great. 830. What has been the effect of^aving to refer to so many persons? — ^The total loss of many references, and the papers connected with them, in one or other of the offices. There have been cases in which 1 was referred three times for the same patent, all the papers having been lost twice successively. In some cases the papers are fuund again ; but at too late a period to be available. 331. Were such losses of frequent occurrence? — Yes. In my own experience of eight years as a^ent for obtaining titles, many instances have occurred. 332. Did the principal inconvenience consifet in such losnes of papers ? — No ; there was also delay, arising from the system. 333. What is the shortest time in which you have known a title to be perfected ? — Speak- ing from memory, 1 should say about six weeks. 334. And the longest time? — I think eight years ; but 1 am again speaking from memory. 33A. WaK more than ordinary diligence used in the case of six weeks? — Yes. In sucn casea I obtained an order from the Governor for a special reference for my patent, to take priority of all others then in the office. 336. Was ordinary diligence used on the part of the agent in the case of eight years?— More than ordinary ; for it was one of my own cases, in which I used every possible exertion to get the patent through. The delay wus occasioned by the neglect to set apart a tract of country for clergy uppropriatiuns in the district of GaKpu. 1 have now references for that section of country, which have been lying over for six years from that cause. A tract has recently been set apart in Guspe for such appropriation ; and I hope that my references may now be proceeded with. 337. What would you assign as the average period reouired fur completing a title, afler the purchase has been completed by the payment of the whole of the purchase-money ? — 1 should say full 1J> months. 338. And with ordinary diligence on the part of the agent? — Undoubtedly. 330. What advantages is the system of so many checks supposed to present ? — I see none myself, and think that a more simple process might be adopted ; very serious inconvenience is produced, and I know of no countervailing advantage. 340. The present system must be profitable to agents ? — Yes ; so much so, that, speaking aa an agent, I should be sorry to see it abolished. 341. I presume that one of the inconveniences to the public is the necessity of employing agents acauainted with the labyrinth through which each reference has to pass ? — It is. I am satisfied that the present system is a serious impediment to the settlement of the country, and that no extensive measure for that purpose can work well, unless the mode of obtaining titles, afler purchase, be rendered much more simple. Immediate despatch with title is what is required to encourage purchasers, and prevent uncertainty and discontent. 1 have been directed by purchasers to apply fur the return of their purchase-money from the Crown, because of the delay which nas occurred. 342. Supposing the mode of obtaining a title to be rendered as simple as possible, would any serious obstacle, in your opinion, remain to the speedy settlement and cultivation of all the more fertile paits of the Province ? — Yes ; the want of main roads through many parts of tlie Province, as well as concession or cross roads between main roads, would naturally deter people from settling in the wilderness. 343. Do you speuc now of wilderness belonging to the Crown, or of wilderness the property of private individuals ? — Of both. There remains, in several townships which are partially settled, a considerable quantity of clergy reserve land, and of land ungranted by the Crown. The main obstacle, however, is private land remaining wild, inasmuch as the land of the C(own is open to purchase, which is not generally the case with that of private individuals, excepting at too exorbitant a price. So injurious is the existence of this quantity of wild laud in the midst or in the neighbourhood of settlement, that numerous cases have occurred in which a settler, afler several years' residence upon his propeity, and having expended, in money and labour, from 20 /. to 60 /, in clearing part of it and building his house, has been driven to abandon the farm, and to sell it for one-third, or ever, one-fourth, of the sum that he had expended upon it. I have myself bought farms which have been abandoned in this way for the merest trifle. One, I recollect now, consisted of 100 acres, in the township of Kyigsey, a beautiful part of the district of Three Rivers, with rather more than 20 acres 3.— III. 1 2 cleared. Evidence. . UaMkigt K*ir, •i;!' APPKNUIX TO RRPORT ON THE AFFAIRS OF it V4 \ I'm EvMancc. clekred, a good house and onthoauM erected npon it. for which I paid undar Ml. i __^ give very manv tnstancet of a »iinilar kind, where I have either purchaaed mywtU, or kava J, UuHngi Kerr, had a peraonal knowledge of the circumttancM. Riq^ 944. Has any remedy oeen suggested to your mind for the evil of wild land in the aaidat of settlement? — I hare always been an advocate for taxing the wild land, and have thought that, unless a tax were imposed, the aettlement oT the country never could go «a prosperouily. S4a. It would be a tax in the nature of a fine, wKh a view to the abatement of the nniatMa } — Yea, that should be its tme character. 840. Would not such a tax be extremely unpopular among the holders of wild kuidT'— I think that at flrst it might, though not universally so, since many holdora of wild land pereaivo the advantages that would result thereflrom ; but after the working of such a tax had baaa experienced, I am of opinion it would become popular. I am also of opinion that, if the Crown should determine an uniform price for the remaining public lands, it wonid he «ip«> dient, in the event of the nonpajrment of the tax within some fixed period, any I9 the and of the second year, that the Crown should resume the land, paying to the grantee half the uniform price then established for Crown lands. S47> Do you also suppose that the prooepds of the tax would be employed in adding to tiie value of land, eith<;r by promoting emigration, or by improving the country ?— Yea ; if we do not get settlers, the large proprietors would complain, suying that it was out of their power to settle their lands ; and 1 may add, that, as some might prefer paying the tax lo settling the land, I would compel all proprietors of wild lands to sell to actual setUera at tiie the then price of Crown lands. Snch a plan would, however, require very considerable can in its details. 348. What do you think of the plan adopted in Upper Canada of selling tiie wild land in Older to recover the amount of the unpaid tax npon it f — I think the practice a moat unjuat one to individuals, and injurious to the public ; I have known land almost given away under that system. Two yonrs ago I employed a person to attend a sale of land brought to market, in Upper Canada, for nonpayment of the wild-land tax, at which I purchaaed nearly S,OM acres at the rate of Be/, an acre. Much collusion, I have been told and believe, takea place at these sales between the buyers, who conspire to prevent biddings ; tlie sale, in short, is forced, whether there be competition or not, and tne land, as I said before, is commonly almost given away. Besides the hardship upon the owner in having ao much more land lihan is tiecessary sold to cover the tax, this nystem interferes with the general sale of Crown property, by bringing land into the market at a lower price than that required by the Crown. 349. Have you nad an opportunity of acquiring information as to the diapoaal of timber in this Province Dy the Crown r— I have. 360. Does the system appear to You!to be a good one ? — It docs not It does not yield tbat revenue to the Crown which it ought, in fairness, to do, and which, I believe, might, withoot injury to the dealer in timber, be easily derived from it. The practice within these three years has been for the Crown to dispose of licences to cut timber at public sale by tender and overbid. The upset prices upon timber are determhied by the Governor, upon the lecommendation of the Commissioner of Crown lands, and were, until hist year, as followa : White pine square timber, id. per foot. Red - ditto - ditto - Id. - ditto. White pine logs of lit feet, for deals, 4d. each. Spruce - - ditto - - ditto -id. d". Red pine logs, Hd. each. At the sales in the last year *he price of white pine logs was increased to &d., and npnice to 2 i <^. Tliis price even now is much less than the Government might fairly ask, not only in proportion to the selling price of that timber in England, but also to its value in the Northern Continent of America. At a very early period, it is certain that there must be a great demand in the United States for Canadian pine and spruce timber. 361. But the prices vou have named are only the upset prices for the tender ? — I know of no case where an overbid was made upon the tender, except in one instance, and tlv • we*- by mistake. 362. Then, in point of fact, there is no competition at the sale? — None. Therp understanding amongst the buyers that none of them shall bid more than the upi- 363. So that in reality the prices called upset are fixed prices ? — ^They are. 364. And arc, in your opinion, too low, having reference to the value of timber in f mar kets of Canada, Britain, and the United States ? — Decidedly so. 366. You believe that there will soon occur in the United states a great demand for Canada timber ; upon what grounds do you form that opinion ? — I visitea the United Stotea in the beginning of 1836.. for the express purpose of ascertaining, at the ports of New York and Borton, what encouragement there might be for the importation of manufactured Oanadn timber, and also with a view to ascertain what supply ot pine and spruce timber nright yet remain in the United States. With the exception of the States of Maine, to the mntb, on our own border, and of Georgia, to the south, at a great distance from us,'whidi latter pro- duces an article of very inferior quality, I became satisfied, from very csrefiil inonhr, that very little timber of that sort remains in the States generally, and that even, wini tfee two exceptions that I have named, the supply will be xhausted in a few ytnt, pirovidcd the demand continued to increase as it has done for many years past, along with tin pMgrensive prosperity of the Americans. 360. Is the quantity of the best kinds of pine, spruce, and odt timber, the property «f the Crown FT BRITISH NORTH WiMERICA. «1 Cnwn in th(« Prof ince, vary eoniidenible ?— I believe it to be lo, pwticnlorly in (ha Man- Evidaaca. try borderiM upon the Ottawa, the northern ahore of the St. Lawrence, a K^Wt divtwee on — tm ahore* y family -- - - - - - - 10,000 Jbiiy family ----- - - 10,000 .onel Ueriot - -- - - - - - 13,000 R. Stewart. «aq. - . - - - - - - 14,000 purchase. V. Tayler, esq. - -.- - - - - - 17,000 purchase. %rke Estata .....^-- - - . ia,000 0 purchaae. BlanchetjBatate -r 16,000 purchaae. 3. — III. 1 8 {continued) I ^ ' ]^i ^m SS APPENDIX TO REPORT ON THE AFFAIRS OF ETidfwa. J. B. Fonyth, eaq. ....... 10,000 purchaie.^ — — D. Bnmet, eaq. ...... - lo.OOO purchase. J. MmiI^s K«rr, Tkvler Estate 31,000 purchase. **9v Felton family is,000 W. Gregory, esq. . . . . i . . 11,000 Montizamliert family - - - . - . . 10,000 Wilson Estete ........ 13,000 Judge Gale, supposed ...... 10,000 Judge Bowen ........ io,000 purchase. George B. Rodington ....... 3,000 purchase. William Henderson ....... 33,000 purchase. Comnussary<.Geneial ....... 10,000 Gray Estate ........ 8,p00 purchase. Stewart family -..--.-. 6,000 Chief Justice Sewell, about ...... e,600 purchase. AUaoppfiimily ........ 16,000 Cuvler Estate 6,000 William Somerville, esq. ...... 3,600 purchase. •James Stewart, esq., about ...... 8,000 purchase. Lester and Morrogn Estate ...... 4,600 Quebec Bank ........ 14,000 purchase. William Phillips, esq. ....... 60,000 purchase. Mountain family ........ 3,000 Estate of General Maclean -.-... 0,000 Colonel Robertson's Estate - - - - ■ • 13,000 Mr. St Ours 3,000 . Dunfofd Estate 6,200 Blackwood Estate ....... 4,000 purchase. William Hall 14)000 Sutherland EsUte 13,000 L. Knowlton and others ...... 20,000 purchase. Stanley Bagg .-.-•-.. 4,000 purchase. Benjamin Tremain .....•- 8,000 purchase. Honourable J. Stewart 3,000 Walker fiunily 3,000 Mrs. Quiche - - -. • • - • 7,200 purchase. Green fimiiiy ........ 6,000 Stanton fiunily 3,300 Pozer family ........ 20,000 purchase. Robinson Estate ....... 4,000 purchase. N. CoflSn 3,000 Bejilon .--...... 10,000 Henry Hayle ........ 4,000 purchase. Gilpin Gorst ........ 6,000 purchase. Cull Estate 3,000 Longmen family ........ 11,000 Honourable E. Ellice, supposed ..... 30,000 White family ....-..- 6,000 purchase. Rev. M. Sewell .I.OCO purchase Fraser Estate 6,000 Mrs. e»cott ......... 2,400 Holland Estate 4,ooo Miss Finlay 6,000 Mrs. Eliot ......... 3,000 part purcnase. Estate of James Coldwell 3,ooo J. M'Leod 3,000 purchase. H. Gowan ......... 6,000 purchase. Dr. Skey ......... 3,600 purchase. B. Bowman ........ 4,000 purchasr William Torrance ....... 6,000 purclisse. Horatio Pattou ........ 3,000 purchase, William Patton a.ooo purchase. William Price 4,600 Henry Le Mesurier - - . . - - - 10,000 purchase. Jacques Voyer -.......- 3,000 T. M'Lean 3,000 George Hamilton 3,600 purch.\ae. PastouuK family - 3,000 Mallust estate 9,0(to Judge Pyke and Desbarau ...... 34,000 Chime family 3,ooo Armstrong family ....... 3,000 I'rueman Kemptou - 16,000 purchase. J. W. Waiuwriglit 3,600 purchase. Whiit BRITISH NORTH AMERICA. oa 86S. What proportion of these 1,300,000 acres do you suppose to be in a perfectly wild Evidtnce. state ? — Certainly a million of acres. — 303. Do many of the proprietors reside upon their land ? — Six out of the whole number J, HatHujft Kwt, reside upon their land. "^ 364. Are many of the proprietors absentees from the country ?— There are, I believe, 13 holding land, as follows : Acres. Acres. 42,000 35,000 10,000 28,000 17,000 21,000 11,000 0,000 3,600 0,000 5,200 6,000 30,000 ■210.700 306. Where do the other proprietors generally reside ? — Generally in the cities of Montreal and Quebec, and the town of Three Rivers. 360. Of what class do they generally consist? — Generally of persons in affluent circum- stances, consisting of the most influential class. I could have added very much to the list by taking in persons of a similar class who hold from 800 to 2,000 acres. 3U7. This IS the class of persona upon whom a wild land tax would chiefly fall '? — It is ; the poor proprietors are generally settled upon and have cultivated their lands. 363. Of what class are the nolders of wild land upon the original tenures, whether of French or English origin ? — Of late years many men of British origin have bought out the French seigniors, and 1 should suppose that at this moment more than two-thirds of the lar|(e seigniories are held by persons of British origin 369. But of whatever origin, of what class in society are the holders of these large tracts of wild seigniorial land ? — In affluent or easy circumstances, like the proprietors of wild land in free and common socage. I should have mentioned that within tne last six years many seigniors, under the provisions of the imperial statute, have changed the tenure of their pro- perties to that of free and common socage ; but these holders oi large tracts of wild lands ore not included in the iist which I have given in. 370. From your long ind intimate acquaintance with th ! different systems or practices which have been pursued in this colony with respect to the disposal of Crown lands, and with that which is now in force, do you believe that the settlement and improvement of the country can be effectually promoted without some important change? — I do not think it possible that under the systems or practices which have prevailed, or which now prevail, taat any effectual settlement of the country could be made. But, supposing a judicious system adopted and established by law, so as to be free from uncertainty, and with good provisions for the due administration of the law, then I believe that this country would present as fair a field for settlement as any in the world. John Davidton, Esq., Commissioner of Crown Lands. 371. Can you furnish a statement of the grounds upon which all free grants of land J.Dnidim, Eiq. have been made since the receipt of the Treasury instructions of November 18S0? — No, I cannot. 372. is there no such account in your office ? — Not in our office. 373. As all such free grants were made upon the recommendations of the Executive Council, is it probable that some record of that sort may be obtained from the books of the Council ? — I do not know enough of the proceedings of the Executive Council to state if such is the case, but I shonid presume that the petition on which the grants are founded must be on record, either there, or with the provincial secretary. 374. At all events, ycur office supplies no mean*; of obtaining the desired information?— No further than when the docket ot the entry of the patent states the quality of the party ; but this is fay no means a general thing ; and even then it does not state that it is in respect of the qualification, as, for instance, in respect of officers in the army. \f\ m George Herman Ryland, Esq., Assistant Clerk of Executive Conncii. 37.:. '.;. Are applications for free grants of land determined by the Executive Council? — ^Thcy O.H.Rtland E»n. liavo been hitherto, when referredby the (lovemor to the Board. ' ' 376. Is that course general ?— Yes. Tlie Governor, by his instructions, has been obliged to refer such applications to the Executive Council for their opinion. 1 believe those in- structions go so far as to say, that no grouts shall be made unless by the consent and advice of the Council. 377. I conclude that a record is kept of the opinion of the Council upon every such appli- cation ?— Yes, upon all those referred to them. 378. But I understand you to say, that all such applications were of necessity referred to the Council ? — Yes, where the Governor thought tae party deserving of the bounty of tiovommeni, or that his claim was well founded. 3-III. 1 4 97V. Doea '' i iv D 1 At i 1 K| M APPENDIX TO REPOKT ON THE AFFAIRS OF £WdMic«. 370. Does the record of the opinion of the Council Upon every application contain any statement of the grounds upon which the opinion of the Council was formed ? — Not in every O. U, Rjfbifid, Etq. instance ; but as the quantum to be granted was determined by instructions from home with respect to officers and men of the army, navv, and militia, and as half a lot was usually granted to an ordinary settler, the rank or cfass of the applicant (which was generally men- tioned in the heading of the report of Council) may be considered as the grounds on which the grant was recommeuded. In cases where the claims of the party admitted of a doubt, the committee of Council stated their reasons for granting or rejecting the appli- cation. 380. Will the reasons, then, be found in all cases except as to officers? — In many instances, I think. The letter of reference accompanying memorials where the case of the applicant was not clearly made out, sometimes stated the opinion of the Governor as to the right of the party claiming for a grant of land. 381. But that is not the point. What^I wished to ascertain was, whether, excepting in the cases of officers, the records of the Council contain a statement of the grounds upon which the petition was acceded to ? — Not necessarily in all. 383. In what proportion do you imagine ? — That I really cannot say. S8S. Do you believe the record exists as to half the cases ? — No, certainly not. 384. Or a quarter ?— No, I should think not. 1'he memorial would contain the reasons why the grant was asked ; and if the Council were satisfled that they were just, a recom- mendation that the prayer of the petition should be granted was considered sufficient, with- out recording the contents of the memorial. 386. What then became of the memorials? — In most cases where the applications were granted, they remained in our office, unless the application was for a patent upon a prior recommendation of the Council, the conditions of which had been complied with. In those cases the memorial was retunied to the applicant, when the party proceeded to sue out the patent. 386. So that in all cases where the land was actually granted, the memorial containing the erounds of the applicant's claim was returned to him, no copy being kept in your office ? — Yes ; we keep no copy of the memorial. 387. And, except from the memorial, you arc not aware how it would be possible to learn the grounds upon which the f^rant was made ? — No, except from the mention of the rank of the applicant, or Irom the order of reference which, in any particular case, would contain the grounas upon which the application was made ; for instance, if the Council had refused the prayer of an application, and the party proyiui; for a grant had made it appear to the Oovcmor that the Council had come to a has.y conclusion, the reference would probably contain his reasons for submitting it to the reconsideration of the committee. 888. This last statement, however, applies to but a venr small number of cases ? — To a very few indeed : the reference is generally placed upon the buck of the petition in the fol- lowing words : " Referred to a committee of the whole Coancil by order of his Excellency the Governor in Chief," signed by the secretary for the time being. 380. The present inquiry relates only to cases of actual grants (excluding all cases 6f refusal) exceeding 2,000 in number, comprising nearly 8,000,000 of acres, of which free grants a considerable number have been made since a general order of the (Jiovemment to dispose of all Crown lands by sale only. What the Commissioners desire to obtain from you is the means by which they can learn the grounds upon which such grants have been made ?— By reference to the applications themselves, some of which are lodged in my office ; and I should presume the others are with the provin ial secretary. 300. What proportion of them do you suppose are in your office ?— Very few indeed, since the year 1827. 301. And as to the others, you would refer the Comuiissioners to the provincial secretary ? —Yes ; such applications as are in my office, I shall be happy to furnish the Commissionera with. 883. Perhaps you will be so good as to make out a statement of the grounds upon which the applications were granted, in all such cases as have l>een recorded in your office, either by remarks or by having jireserved the original memorial ? — I should be happy to give the original memorials to the Commissionera ; but as to making out the statement they require, I fear, *.hat M-ith tite Kmited assistance I have in my office, it would be impracticnblc. It woulii take a great length of time, as I must tro into every individual case, and compare the reports of Council with the application ; besides which ray office furnishes me with very imperfect information. 303. Do you imagine that the Patent-office contains any re|>ort of the grounds u|K>n which these free grants have been made ? —I should think it docs, 304. That is, the office of the provincial secretary ? — Yes, Thomat Allen Stayner, Esq , Deputy Postmaster-General fur British North America. T- A- Suiunn, F.Kj. 806. How long have you resided in this Province ? — Upwanis of 36 ycare. 300. We understand tl:at you are a considerable |)ruprie.or of hinds in the Province ? —Yes, I am a large pro|)rielor, both in this Province and in Up|Hir (~'anada. 387. You have also visited New Brunswick, Nova Scotia, and Prince Edward's Ishwd ? — Yes, I am pcraoimlly acquainted with all the Provinces. 30B. Has your attention been directed to tlic state of hiiided property in this Province. aaMHi<(ued by the manner in which lands, the pro|icrty of the Cniwn, have been disposed '>f to M [»■ BRITISH NORTH AMERICA. 66 1 cases of npiirc the vith very u|)on lerica. 'rovince ? Uknd? 'toviiict. to to individuals ? — From having a large stake in the countrjr, my attention has been naturally Evidane*. directed to a subject of such great importance to my own interest, and to that of the public —— in this colony. ^- ^' Stayner, Em{. 380. Th« particular circumstance to which the Commission is desirous of drawing your attention, is the large proportion of land which has become private property, so as to oe out of the control of the Government, and yet remains in a wilderness state, operating as an impediment to the communications and to the settlement and improvement of the Province ? — This is, no doubt, a very serious evil ; it is one, amongst others, of the great causes which have kept this Province so long in the back ground, and prevented the developement of its resources ; and I conceive that the primary step, in the rormation of a general scheme for the actual settlement of the waste lands of the country, should be to remove, or, at all events, essentially to diminish, the impediments which it presents to anything in die shape of improvement. In expressing an opinion of this nature, I am, perhaps, advocating a view of the question which may expose me to the risk of suffering materiallv in my interests, through the applica tion of the remedy which, it is probable, will be tried by the Government, with the design of abating the mischiefs arising out of the monopoly of large tracts of wild land by individuals, inasmuch as 1 am the propnetor of about 60,000 acres of that description of land in this Province ; but the conviction has long been pressing upon my mind, that I and other large holders were unwittingly illustrating the fable of the dog in the manger ; and this not only in a direct sense, as regards the immediate profit or loss from the lands, but indirectly also, as the geneml interests of the Province must suffer through a mistaken or vicious system of managing the wilderness lands, which I look upon at present as the chief staple of the country. A circumstance like the following will show how necessarily I have been led to that view of the subject which I am now taking : 20 years mo, or thereabout, I purchased wild land at what was then considered a low price, in the naturalhope that it would be gradually increasing in value, and that, whenever i might choose to sell, it would be at such a profit as would afford me a fair return for the use of the money employed; so far, however, from realizing this expectation, I now find, after the lapse of so many years (when the accumulated interest upon tne money invested has increased the r 3t of the land ISO per cent.), I say I find that I could not, if compelled to sell this land, obtain more for it than it originally cost me. I do not say but that wild lands, in some parts of the Province, have been sold at a profit within the period cited by me ; but, generally speaking, there has been no improvement, deserving of the name, in the price of wild lands, as a marketable article, fur a number of vears ; nor can any price be quoted now as the actual value of such property. With facts like the above before me (and they must be familiar to every man in the country who has been thrown in the way of studying the subject), I say that 1 have been convinced we were labouring under a delusion in fancying that it was a desirable thing to acquire large tracts of wild land in a Province circumstanced as this has been; and, consequent upon that con- viction, I am willing to give my support to any well-considered measure having for its object the forcing of these and other wild lands into actual occupation and settlement, even with the risk attached to it, that, as the holder of a considerable number of acres, which for many years may not be available in the market, I shall be subjected to a large outlay in the shape of fine or tax, which, should the scheme prove a failure, I may never get back. In other words, I consider that nothing can be worse than the present state of things (whether with reference to the interests of individuals, or the prosperity of the colony), and that the sooner a reform is taken in hand by the Government the better for all parties ; but, though I speak thus decidedly of the necessity of introducing some system which shall tend to the settlement of the wild lands now in private hands, I mean as decidedly to say that I would not rccomme:id any coercive or penal measure against proprietors, except I were assured that, ftari pattu with the progress of such measure, a plan of emigration on an extended, liberal, and permanent footing should be put into action, and that the funds which I contemplate us accruing from the fines upon wild lands should be expended in bringing out emigrants, and in making practical>Ie and durable roads through those parts cf the Pro- vince (80 far as can be done) whence the revenue is derived. 1 would bargain for a full and continuous stream of emigration to the Province, and for the actual settlement of the emi- grants therein, as well as for the opening of good roads ; otherwise the tax upon wild lands would be felt as nothing better than a robbery, the ultimate effect of which would be what is now witnessed in Upper Canada, through the operation of the wild-land tax there, namely, the wresting of the land from the original owners, and suffering it to fall (in larger masses) into the hands of s|)cculator8, who, purchasing it for a mere trifle, can afford to keep it for many years in nn unimproved state, and until it suits their convenience to sell it ; thus defeating tlie main object of the Government in imposing the tax. In employing the land-tux revenue for the objects to which 1 have adverted, I beg to say that, instead of waiting tor the gradual accumulation of a fund from the actual receipts of the aBsessnicnt (a tedious and objectionable process in the present circumstances of the country), I would recommend the securing of sucn a sum of money on loan (upon mortgage on tiie taxes) as would enable the Government to go forward with its plans promptly ai)(l vigour- ously ; and I would further recommend that the funds derived from the sale of the Qovern- ment lands and timber should all be directed to this same great object, as one upo'i which ths ultimate prosperity of the country, as a dependency of the British Crown, mainly depends. 9.— III. K 400. What ■> 'i , t ■, ■. I i * ..■•'•it'' APPENDIX TO REPORT ON THE AFFAIRS OF •:|f-. EtMmim. 400. What acheme of taxation would you suggest as best suited, in your opinion, to work -^_ out the improTements which you admit to be so much required ? — It is a very difficult tatk T>A. Sk^a tr, Esq. for me to give such an opinion on this question as would be satisfactory to myself; there are many connicting considerations to be weighed and decided upon ; and after all, any plan tiiat can be tned will be but an experiment, the working of which may be materially influenced by causes which have not yet been contemplated. It appears to me, however, that a main point to keep in view in legislating upon the ques- tion, is the cost of wild land in the United States. We should endeavour to make the settle- ment of land in this and the other Provinces fully as advantageous to the settler as it is in those States, otherwise we shall assuredly lose the greater number, and the best description of our settlers after being at the expense of bringing them out. The measure of the tax upon unimproved land, therefore, ought to be in exact proportion to the value of the land itself; and t.ie value of the land should be in a great degree estimated with reference to the price at which wild land can be purchased in the United States, for ready money. My idea is that a tax of a halfpenny currency an acre would be a proper sura for the first two years. If not then paid, I would double the rate, making it a penny an acre for the whole of the unpaid time ; and for non-payment at the end of those two years, I would again double the rate, making it 2 d. an acre per annum for six years. Thus for six years unpaid taxes on a lot of 200 acres, the aggregate dues would amount to 10 /. ; and if not then paid, I would sell the land. I have heard that instead of putting the land up to public sale for payment of the taxes, as is done in Upper Canada, it would he better that uovernment should take such portion of the lot as, at a prescribed value, should liquidate the claim ; this plan appears to be more indulgent to the owner of the land, but I do not think it would answer, as the effect would be to throw a great number of fragments of lots into the hands of Government, which would be utterly unavailable. Another, and perhaps a better plan than either of those, would be for the dovemment at the end of the six years to assume the whole of the lot, at a reduced price, say at one-half or one-third the Government price, paying the proprietor the difference Detween the purchase-money and the amount of the tax. 401. As regards emigration to these Provinces, will you be so good as to throw into a condensed shape any ideas that may have struck you as calculatea to advance the great object in view ; that of the actual occupation and settlement of the land by a loyal and industrious population? — I have long been of opinion that the great want of success which has attendee! so many attempts at settlement in this and the ouier Provinces, is occasioned by BO many poor emigrants, upon their first arriving in the country, undertaking the manage- ment of wild lands, and depending upon the produce thereof for subsistence for themselves and faiailies. Many of those poor people have little or no agricultural knowledge, even in a gep' /al way, and they are all ignorant of the husbandry practised in the country ; the con- sequence is, that after getting into the " bush," as it is called, they find themselves beset by privations and difficulties which they are not able to contend witn ; and giving way under the pressure, they abandon their little improvements to seek a livelihood f 'sewhere. Mauy resort to the large towns in the Provinces, with their starving families, to exe out, by day- labour and begging, togetlier a wretched existence, whilst others of them (more enterprising) are tempted by the reputed high wages and more genial climate of the United States to try their fortunes in 'lat country. Now and then some individual better gifted, and possessing more energy of character than the mass of the adventurers who arrive, will successfully con- tend with those difficulties, and do well for himself and family, but the proportion of such is small. I look upon it that capital is quite as necessary to the successful settlement of the farmer in this new country as it is in England, though of course upon a smaller scale ; and that with- out a capital, or an equivalent fur it, the greater proportion of adventurers will altogether fail, or succeed in so imperfect a degree, that the result is of little benefit either to them- selves or the country. 1 would, therefore, if only from a feeling of humanity, discourage the indiscrirainate cession of wild lands to new comers without capital. It is far better for themselves and the country that they should labour as servants fur a few years, until they have acquired a stock of knowledge, . >ther with money sufficient to enable them to contend against the difficulties by which le inhabitants in the new settlements are sure to be assailed. Such an arrangement as would oblige the poorer class of eniigrants to labour for a few years as scrvmits, before undertaking the nianagcnient of farms oa their own accounts, would operate beneficially in another respect ; that is, it would afford to those settlers who have capital to work with, the means oi procuring labour at a reason- able cost, which it is notorious cannot now be done ; in fact, the cxtravagint wages demanded by agricultural labourers in this Province at present, must cat up all the profits of the farmer. In laying down a scheme for emigration to the Provinces on an extended scale, I should say that great efl'orts ought to be used to bring out a considerable proportion of practical farmers possessing capital; I conceive that such people might be induced to come out in greater numbers than they have hitherto done, upon proper representations, and holding out to them due encouragement. The foiination of good roads throughout the tracts of country open to settlement, coiiiiucting the same with railroads and with steam navigation, would operate as a powerful argument with such people tu fix their fortunes in the country. As to the poorer classes, they should, as far as practicable, be newly married couples, with- out the incumbrances of the old and infirm, the paupers and worn-out pensioners, which have hitherto constituted a considerable portion of the annual urnvals from the Iiritish Isles, and operated as a heavy clog upon the prosperity of the country. I would induce as many of BRinSH NORTH AMERICA. of those newly-married couples or young unmarried people as possible to come out, finding BvMence, them a comfortable passage in the first place, and holding out to them further encourage- ment for continuing in the Province ana conducting themselves well. They should come T. A. Stagntr, Esq. out under a bond to remain in the country for at least three years, during which period they should be under the protection of the commission appointed for carrying out the ooject(forI am presupposing that such a commission will form part of the new system.) I would appren- tice out to respectable farmers and capitalists such of the new comers as were willing to enter into an engagement of that nature, giving them the benefit of the wages agreed upon, and holding outuie promise of a bounty to such of them as should conduct themselves credit- ably during the term of apprenticeship. The opening of the roads which I recommend as an essential feature in the proposed system, will tmbrd employment for great numbers of the poorer classes who cannot be dis- posed of as farm servants. I would arrange with those that a portion of their wages should oe retained in the hands of the commissioners for the first three years, upon the principle of a saving's bank, allowing them five per cent, interest therefor. I think that this would not only please the people and win their confidence, but be the means of providing them at the ena of the term with a fund, from which they might pay an instalment upon the pup- chase of 100 acres of land, and commence farming on their own account. I would also apply this system of savine a portion of their wages to those emigrants who may be appren- ticed as farm servants. 1 am persuaded that tnis plan (if it can be matured) will tend to happy results. 40a. What country people appear to you to make the best settlera in these Provinces ?— • The Lowland Scotch and the Irish are, in my opinion, best suited for encountering the pri- Tations and hardships to which new settlers are almost invariably exposed ; they are frugal in their habits, hardy, and for the most part industrious ; the Irish, above any people, most readily conform to tne new habits of life and of labour which obtain in the Provinces ; and it is found, also, that instead of the recklessness which is generally considered as belonging to the Irish character in their own country, they become careful oi their earnings, and go on prc^ressively improving their circumstances. The English am-iculturist (if a poor man) is 8el(K>m so well fitted for becoming a good settler as either the Lowland Scotch or the Irish ; he can neitlier live so frugally, nor does he bear his change of circumstances with so much cheerfulness as the others ; this observation applies as well to the women as to the men. The Germans and Dutch, if located in bodies, become very good settlers. In Upper Canada, and, on a more extensive scale, in several of the United States, they have succeeaed very well ; they are sober-minded and plodding people, not restless nor prone to change. I should like to see an extensive importation of those people, and of the Swiss also. 403. Having regard to the government price of land in the United States, to which you have already adverted, and to other circumstances which you may consider as bearing upon the question, what value do you think should be affixed to the waste lands of the Crown in this Province ? — Beaides the price of lands in the United States, I must, in answering this question, have regard to the large quantities of land in the Province held in private hands ; much of which is choice land, and in locations most favourable for settlement. There are, perhaps, a million and a half of acres of wild land in the possession of individuals ; many of whom it is supposed would be willing to sell at what may be called a low rate for cash, say for from 4». to It. Od. currency an acre. Whilst so much land is held in this way, it will naturally influence any arrangi ment for the disposal of the waste lands of the Crown. Wild lands vary in value very materially, as well from the quality of the land itself, as from its situation ; but there is also another circumstance connected with the question of fixing a value upon the waste lands of Government which it may be well to bear in mind, that IS, the timber up in it. Until very recently, the timber, as an article of commerce, was not taken into consideration either by Government or by private holders, but it is now other- wise. Our American neighbours have discovered, to their astonishment, that their own resources for pine timber are nearly exhausted, and they are looking with great interest to the lands in Lower Canada and New Brunswick, which possess that valuable article. In the year 1835, speculators from the states of Maine and New York came into this Province and purchased about a milliun of acres of land, said to be wooded with pine and spruce ; and there is no doubt, that but for the financial difiiculties which bcfcl the whole ot the United States at tlic close of the yea 18:)a and commencement of 1R30, much more extensive acquisitions of pine und spruce lands would have been made by the Americans ; the dispo- sition to acquire those knds is only temporarily suspended, and it is quite probable that in four or five years more tlie passion will return us strongly as ever. Now, according to the scale by which the Americans estimate such lands, they may be considered as worth from two to six dollars on acre, merely for the timber. The question may therefore be, whether this consideration is to constitute an element in the Hciieme to be devised, and if so, to what extent ? It should be borne in mind also, that the hind most valuable for timber is seldom of great value for agricultuml purposes. Setting aside for the moment the pine and spruce lands, I do nut tliink that a higher rate than 7i. Od. currency an acre can be put upon the waste lands of thu Crown. 404. Would you limit the quantity of land to be sold to either settlers or speculators ? — I think it would not be (mssible to do this if you sell for ready money ; and any other prin- ciple of sale would, in my opinion, only tend to perpetuate and increase the evils under wliich we are now labouring. .;.i?*" I 9.— III. K a 08 Eviduice. Air. A. RuuflL APPENDIX TO REPORT ON THE AFFAIRS OF Mr. Andrew RusttU. 406. Yov are a landniurTeyor, and have been regularly employed by the Oovemment since 18S0 ? — Yes ; chiefly in the townships in the counties of Megantic and Sherbrooke. 40A. With what townships are you most particularly acquainted?— With the townships of Inverness, Ireland, Nelson, Hali'ax, Leeds, and Wolfstown, where I have been employed for many years surveying ; and in one of which, the township of Leeds, I held a farm. 407. Tiiat district is considered one of tlie most fertile in 'he Province ? — It is equal to the other eastern townships, which are regarded as the finest part of the Province. 408. Be so good as to describe the state of that district with respect to the degree of set- tlement that has taken place there, the proportion of land which has become private property to land which remains tne property of the Crown, and the proportions in which land, private property, bos been cultivated ?— In the township of Inverness, which consists of nearly 08,000 acres, leaving, after the deduction for highways, about 01,600 acres of grantable land, there are only 0,200 acres undisposed of, bemg chiefly the remainder of the Crown and clergy reserves. The first grant in this township was to Mr. M'Gillivray, who, I believe, was one of the partners in the North-west Company, of a quarter of the township, exclusive of the Crown and clergy reserves, comprising 11,6S0 acres. Mr. M'Gillivray the same year transferred this right to Mr. Frobisher, another of the partners, who granted 200 acres of land, each to two Americans, who settled in the township in the year 1800. These Ame- ricans cleared from 00 to 70 acres each, and are at present living upon those farms. From that time till 1824 nothing was done in the way of settlement in this township, though what are termed settlement duties, i. e. the clearing of four acres of land and the errection of a hut, were performed by difierent individuals upon grants which they had received from the Crown. Between 1824 and 1827, three or four individuals established themselves upon grants from the Crown, and made small clearings. In 1827, my father was appointed agent for settling the township, and he located upwards of 30 families upon new grants. He was empowered to grant 100 acres of land to any British subject of good character, who actually settled upon the land ; so that in the month of July 1820, when I became agent for the Commissioner of Crown lands, there were 42 families in the whole settled in the township. They had cleared 473 acres, had erected 41 houses, 14 barns, and 18 stables. Between 1820 and 1833 I located about 160 families upon 100 acre lots each, purchased on quit-rent. In addition to these, there were about 20 families who purchased from 100 to 300 acres each, the purchase-money to be paid by four yearly instalments. There were also 20 families from the island of Arrau, tenants of the Duke of Hamilton, to whom a gratuitous grant of 100 acres each family, and 600 acres to the leader, was made. There liave also been some few settlements made by the commuted pensioners, to whom 10,000 acres of land was allotted in this township ; but not more than one-sixth of them have settled upon their land. Concurrently with these settlements upon Crown lands, there were settlements going on upon the land which had been granted to Mr. M'Gillivray and others. Some of the settlers have from time to time sold out from their settlements, and the whole number of families at the present time settled in this township is about 220, containing upwards of 800 souls. Of the lands disposed of by the Crown in this township, 41,100 acres are at present occupied by actua) settlers. Out of the 66,400 acres which have become private property, there are about 4,800 acres, or about one-twelflh of the whole, cleared and under cultivation, being in the proportion of rather more than 21 acres to each family. 409. What roads are there in this township, and what is their present condition? — The Gosford road, commenced in 1830, passes through the centre of the township, but it has never been completed, and is in a very bad state of repair. The Craig's road passes along the south-east oouudary, but it is also in a bad state of repair. There are bndle roads on the different concession lines. During a considerable portion of the year, though only at the distance of between 40 and 60 miles from Quebec, the settlers in this township can only reach that town on foot, or by a long detour, to get into the Craig's road, which, though badf is not actually impassable, but which makes the distance from 00 to 70 miles. 410. Will you proceed to describe in a similar manner the history and condition of the other five townships which you have mentioned I —In the township of Ireland, which is assumed to contain about 64,000 acres, or deducting the allowance for highways, 68,000, but the true contents of which cannot be known until the survey has been verified, there remain at the disposal of the Crown about 16,000 acres, including the clergy reserves. The first grant in this township was in 1802, to the Mr. Frobisher, to whom, as I have mentioned, Mr. M'Gillivray transferred his quarter of the township of Inverness, of a quar- ter of the township, or 11,360 acres. Settlement was commenced upon that grant as early as 1806. Mr. Frobisher located upon it about 12 or 14 families, erected a mill, and made a road from Dudswell to the settlement, u distance of 30 miles. From this time to 18'>0 no new settlements were formed. From the luttcr year to the present time settlers have occasionally established themselves in the township. A grant of about 4,000 acres in tho whole was made to commuted pensioners, of whom about one-sixth only have settled. Of the 43,000 acres which have been disposed of by the Crown, the whole of which, except 700 acres sold on quit-rent, and 003 on instalments, has been disposed of by free grants, there are about 13,000 acres occupied, of which probably tiie half are in the grant made to Mr. Frobisher. The number ot families settled is about 80, comprising 400 souls, the land cleared is about 3,1 00 acres, about l-16th part of the whole amount which has become private iro|xTty, and about 3lt acres to each family. The road to Oudswell, made by Mr. Fro- lisher, is at present nearly impassable, and is used only as a cattle path. The only road from CI BRITISH NORTH AMERICA. OB le pnviite Mr. Fro- jiily roud fruni from this township to Quebec is the Cmig'a road. There is a road from Ireland to Shipton, Evidence. which is generally very bad, and which is crossed by two considerable streams, from ttOO to 300 feet m width, over which there are no bridses. In tlie township of Halifax, which is Mr. A. Ruttett. assumed to contain 08,000 acres, or 61,600 deducting the allowance for highways, there remains at the disposal of the Crown about 12,000 acres, including the clergy reserves. The first grant in this township was in 1803, of 11,450 acres, or a Quarter of the township, to Mr. Jobert, who transferred his grant to Mr. Frobisher. Upon tnis grant only one settler was located about 1806. In 1806, there was a grant of 11,246 acres to Mr. Scott. Upon this grant some squatters established themselves some time before the year 1828, and the land which they had cleared was purchased from Mr. Scott by some settlers, who arranged with the squatters, and established themselves upon their improvements. In 1831, 10 or 12 families settled ui)on the Frobisher quarter, and a few commuted pensioners, about the same proportion of those to whom land had been granted as in the other cases I have mentioned, have also settled in the township. Within the last three years about 40 French Canadian families from the neighbouring seignories of St. Mary, St. Joseph, and Lotbini^re have gone in and squatted, principally on the Frobisher tract. The number of families at the present time is between 60 and 00, consisting of about from 260 to 300 souls. There are about 3,000 acres of land occupied, of whicn there may be about 720 acres cleared, or a little more than the 70th part of the land disposed of. The only road in this township, with the exception of six bridle roads between tne concessions, is the road from Ireland to Shipton. I was engaged in 1833 to trace a line for a road from the settlement in Inverness to Ship- ton, which would Lave passed through the centre of this township, but it was never made. So much of the land belonged to pnvate proprietors that the Government did not think it worth while to incur the expense, although the line of road marked out was very favourable, and would have shortened the present distance from Shipton to Quebec by about 10 miles. In the township of Wolfstown, consisting of about 08,000 acres, or 61,600 after deducting the allowance for highways, there remains at the disposal of the Crown 34,300 acres, in- cluding the clergy reserves. In 1802 the north quarter of this township was granted to Ifichotas Montour. This quarter has since passed through several hands, and is now, I understand, the property of the Quebec bank. Nothing has ever been done to settle this township, though some settlement duties have been performed ; and I believe that there is only one person established upon it, who is a squatter. The Dudswell road, from Ireland to Dudswell, passes through this township, but it is impassable except during a short period in the most favourable season of the year. The population of the township consists ofseven individuals, constituting the family of the squatter I have mentioned, and 18 acres have been cleared by him, bemg about the 2,000th part of the granted land. In the township of Leeds, which was supposed to contain 62,000 acres, or 50,000 exclusive of the allowance for highways ; but the real dimensions of which, owing to an error in the survey, amount only to 62,800, there remain at the disposal of the Crown about 3,000 acres of clergy reserves. The Crown in this township has disposed, by grant and sale, of more land than it actually possessed, since, proceeding upon the assumption that the original survey was accurate, it has proportioned its erants to the assumed dimensions of the township. The first grant in this township was of the south-west quarter to Isaac Todd, who transferred it immediately to Mr. Frobisher. In 1812, 8,002 acres were sold to Mr. Hamilton ; but a year before that a settlement had been made by Mr. Palmer and some others, upon land which had been granted to them under location tickets. From that time to 1810 nothmg was done in the way of settlement. From 1810 to the present time settlers have been gradually establishing themselves in the township. Of the land disposed of by the Crown, 5,900 acres have been 6old upon quit-rents, and 1,000 acres upon instalments ; 5,800 acres have been granted to commuted pensioners, of whom about the same proportion as in the other townships have settled themselves. The population at the present time consists of 120 families, containing about 650 souls. The land occupied is about 32,000 acres, and the land cleared about 4,200 acres, rather more than 1-lOth of the land granted. The Craig's road, passing through the township, is very rough and hilly, and in a bad state of repair. There is also a road called the Broughton road,leading from tho Craig's road to the township of Brough- ton, which is in a very bad state, almost impassable ; and there are bridle roads upon the different concessions. In the township of Nelson, comprising 54,800 acres, or, deducting the allowance for highways, rather more than 50,000 acres, there remain about 12,000 acres Crown and clergy reserves yet to be disposed of. The whole of this township, with the exception of the Crown and clergy reserves, was granted in 1804 to the officers and privates of the Canadian militia who served in the year 1775. Nothing in the way of settle- ment has been done upon this grant. About 1,200 acres of the Crown and clergy reserves have been sold upon quit-rent, and 240 upon instalments. The population consists of 12 families, containing about 50 souls; the quantity of land occupied is the 1,440 acres which have been sold ; and about 100 acres, rather less than a 400tli part of the land granted, have been cleared and cultivated. 411. Do you know if the whole or any part of tho 38,000 acres granted in this township to the Canadian militia remains in the hands of the original grantees ? — I am not aware. There have been a few settlements made upon these lands within the last two or three years by squatters, but I am not aware of the extent of their improvements. The only road pass- ing through this township is the unfinished Gosford road, and there are a few bridle paths. 412. Arc vou acquainted with the condition of the township of Somerset, which adjoins to the township of Nelson ? — It is wholly unoccupied, to the best of my knowledge; though there may be some squatters of whom I have not heard. 3.— III. K8 413. Are .10 APPENDIX TO REPORT ON THE AFFAIRS OF EvMmm*. 418. Are vou aware that in that township alto, nearly 30,000 acres of land, being the whole townahip with the exception of the reaerven for the Crown and clergy, were granted in Mr. A. BuiuU. 1814 to the omcen and private! of the Canadian militia ? — I am. 414. And in both of tnoge townvhipa the whole of the land to granted reniaina totally waate aitd unoccupied, unless perhope by mere squatters ?— Yes. 415. Can you mention any other instances of townships in which large erants of land have been made by the Crown at a distant period, but where nothing baa been done by the grantees to improve the land so granted {—There are many such. In Chester a grant of 11,660 acres was made, in 1802, to Simon M'Tavish, esq., who transferred the grant to Mr. Fiobisher. Upon this grant there is now only one clearing of about SO acres, which was made before the latit American war by a person of the name of MoiTatt, who has since abandoned the farm. In the same township there was another similar grant, of 1 1,707 acres, made in 1805, upon which tbero is only one resident, a souatter, of the name of Goodhugh, who has about 36 acres cleared, and a house and bam. in the township of Ham, too, of which a considerable portion has been granted by the Crown, there is not a single settlement. la Weedon, where also a considerable (lortion has been granted by the Crown, there is not a sinele settlement, thoujih Ujpon some of the grants settlement duties have been performed. In Cnfton, where upward!* ot 40,000 acres were granted as early as 1803, there are at the present time only atiout 20 families located, some of whom are located upon land they have purchased from the Crown ttincc 1827 ; and there may be about 500 acres cleared. In I)orset about 63,000 acres were granted to Mr. Black in 1700; there is not a single settle- ment. The land in this last township is of rather inferior quality. Tmvim View af Ike State of the Townshipe of faMrneit, Irtlmnd, Luit, Halifat, N«bm, tnd Wolftlmm. Nunc of the Townships. Superficial Contenu ia Acres, eiclusive of Highways. Number of Acres disposed oL or which thweare occupied by Actual SelUers. And unoccupied. Number of Acres undisposed of, including Cleriy Lands. Number of Acres cleared and cultivated. Proportion of disposed of Laud cleared. Number of Families residing in the Township. Number of InhabitanU in Township. Number of Acres of cleared Land to MchFamily. Aferago Number of Acies of Land occupied by eachFamily. loreroess - Ireland Lccdi- Halifu Nelson Wolfstown • 61,600 68,000 si;SOO 61,600 si,iao 61,600 41,800 49,300 40,600 30,678 37,300 41,100 13,000 13,000 3,000 1,353 100 14.300 99,800 16,400 46,600 38,436 374MI0 0,900 13,800 3,800 13,000 11,1! 18 34,300 4,8«0 3,100 8,300 730 100 18 1-lith. l-14th. 1-gth. l-09th. l-3B6tb. 1-1510U). 390 80 120 SS 13 1 800 400 S60 973 60 7 31 38 4* IS 8 18 186 163 tt4 54 104 100 346,836 304,078 01,363 172,796 82,748 13,038 1-I9th. 488 3,083 98) 188 Ijlr Charles Franklin Head, Esq., Major in the Army. C. F, Head, Esq. 416. You have been employed in making a military survey in this province i — Yes, I have. I was directed by Sir John Colbome to make a survey of the frontier townships opposite to the state of Vermont, which I have done from the township of Potton to the Connecticut River, a distance of about 60 miles. 417. The nature of your employment led you, I suppose, into communication with all classes of persons in the township f — The nature of my employment led me to have a con- stant connexion, during the time I was employed, with all classes of persons, more particu- larly in the townships of Potton, Stanstcad, Bamttton, B rford and Hereford, which arc five frontier townships. My survey also extended to the townships in the rear of them. 418. Were yon also brought into communication with the inhabitants of the State of Vermont, bordering on the frontier ? — Yes, I was. I frequently entered the State of Ver- mont, and people from that State were continually at Stanstead Plains, were I was stationed. 419. You have also passed through the other eastern townships in your way to and from your stations t — Yes, through many of them, which, in fact, have come under my investi- gation in connexion with the duties I was performing. 420. It is understood that you have acquired considerable information as to the state of landed property, as well that of tiie Crown, as of individuals, in those townships. Will you be so good as to describe their condition in that res|)ect'! — These townships ore settled with a population of from 30 families and upwards, to a township of a hundred square mil(!S. Even in those that are thus settled, the inhabitants arc very insecure, both as to the title to their property and in their attachment to the country, from the circumstance of their not having; titles to' the land they occupy, or to the improvements which they have made upon such lands. In the frontier townships, they consist for the most part of squatters, who have settled upon the land without any title, and are without the mean.s of knowing to whom the land really belongs ; and under these circumstances, they naturally imagine tliat a revolution in the,govcrnment might give them a title to the land they occupy. 421. How BRITISH NORTH AMERICA. n MDg the -autedin a totally tndhave by the ;raat of t to Mr. kich wfks kos since 97 acres, Kidhugh, , too, of Itleinent. re 18 not irformed. re at the hey have ired. In le settle- *f Annga wr of Number of »ot AcKiof Lud Uad occupied by wchFimily. imily. I 186 9 tea . »4 1 54 1 104 ( 100 i 188 ?-Ye8. 1 ownships on to the with all ve a con- particu- Lhich are ■em. 1 State of of Ver- Itationed. ^nd from iuvesti' : state of ^ill you settled Ire mil<«. I to their having; on such settled llhc land kution in El. How 491. How has it happened that these persons have been unable to ascertain to whom the land belonged ?— The land, generally speaking, has been granted in large blocks to absen- tees, who are either out of the country, or at a great distance from their property, and many have never taken any steps to preserve it, or to look after it in any way. so much so, that alUiough the land is supposed to be granted, it is a matter of mere conjecture, with the actual settlers, as to who may be the legal proprietors of the soil ; and I should also add that, from the imperfect state of the surveys of tne country, it would be exceedingly difficult to find out who are the real owners. I would illustrate this by stating, that in tne courM of my surveys, the occupiers have become alarmed at seeing observations making ; and when I have mentioned to them that I was not interfering with their property, they have mentioned that it was a great hardship to them, and very disheartening, that they should be improving the property upon which they were settled, without knowing who would reap the benefit. 433. Doea this description apply to the whole of the frontier townships ? — ^To the whole of them, with the exception of atanstead, which has been long settled, and is better known, and where the limits of property are better ascertained; though, even there, to my know* ledge, suits are pending to eject men, who, from their industry, have acquired considerable property. 43S. Has any remedy for this suggested itself to your mind 1 — Seeing the mischievous effects of this system diiriug the recent rebellion, when the inhabitants of the fVontier town« ships were very much implicated, I turned my attention to the subject, with a view to some efficient remedy, and upon the fullest inquiry and deliberation, it appeared to me, that the onlv way of c|uieting such mischiefs, is to pass, as in many of the United States, what is called a settling Act, by which, in one way or other, actual settlers are insured the fruits of their own industry. This I undt rstand is done in various ways in different States. In some, by allowing the actual settlers to purchase of the legal proprietors, at the price of adjoining wild lands. In others, by preventmg the legal proprietor from ousting the settler until he has paid for his improvements at a valuation. 434. Do you consider such a settling Act essential to the security and well being of the fiontier townships? — Without some such law, persons so circumstanced cannot feel them- selves to have such an interest in the country, or in the maintenance of its government, as to be considered safe or good subjects. 435. Do not these occupiers without a title consist chiefly of Americans, however ?— With few exceptions, they are persons who have come iirom the United States. 436. Are the inhabitants of these frontier townships exposed to any other inconvenience which indisposes them to the actual government? — Person upon first coming into a wild country, like those whom I have just mentioned, have no means of communication with each other, or with a market town, but by roads made and kept in repair by their own exertions ; they are frequently miles asunder, and are separated by wild lands, not having any acknow- ledged proprietors to whom application could be made to assist in what is absolutely neces- sary to advance the settlement of a new country, such as the making of roads. They are therefore obliged to avail themselves of any means of communication that may exist ; and people living in different parts of Canada, are frequently obliged to pass in and out of the United States to communicate with each other, or their county town, and even to go to church, by means of American roads. 427. I'his naturally leads to comparisons injurious to the Canadian side of the frontier ? •»Yes ; and to discontent on the Canadian side. 428. What then can induce Americans to settle on the Canadian, rather than the Ame- rican side of the line ? — The land is decidedly better in the townships than in the State of Vermont, and the people also would prefer the Canadian government, if they had the same encouragement to improvements that then; is in the United States, being very sensible of the benefit of this government, from its not requiring them to pay taxes. Many of the settlers who do come in, not being able to get any title to the land they occupy, never become a fixed population. They cKar a few acres to take the benefit of a new soil ; they never fence, or take out stumps, or manure, but change from place to place, and may be looked upon as a kind of gypsy race, and ready to join in any mischief that may be going on. 420. Are you aware that immediately after the last American war, the Provincial Govern- ment was instructed to prevent ns far as possible the settlement of lands, and the making of roads, near to the American frontier, under the idea that a belt of desert land between this CO ntry and the United States, would be a means of defence and security ? — I understand thai such was the opinion after the termination of the last wor, but the system has been altogether inefficient, which is completely proved by the fact that the frontier townships are chieriv settled by people from the United States, who have spread themselves into the second and third range of towiisiiips, and would no doubt come to the St. Lawrence, if lands were procurable on the terms on which they have occupied the ii'onticr wilderness, that is to say, without payment, and this would of necessity be the effect of a neglect to settle these lands. 430. Does it not occur to you that by enabling these squatters to get secure possession of the lands they occupy, the practice of squatting by American citizens might be encouraged for the future ? — There ore a considerable number of American citizens wlio are desirous of becoming British subjects to escape local taxations, and who would make excellent pioneers ; these persons would ouy wild lands at a lair price, and, having improved them, would dis- pose of them again for what would be considered a good price by thcin, but which would DC easy to an English settler unaccustomed to the use of tne axe, and to the privation of a forest life. 431. Then if a good title were obtainable to new lands npon easy terms, you believe that e4 the Evidence. C F. Hrad, £m|. ■.! 7» APPENDIX TO REPORT ON THE AFFAIRS OF enil'l Evideae*. the inducement to iquatting without a title would be removed ? — Yes, there can be no doubt that Ruch would be the case. These penoni would then be able to bring their iroprovementa C. F. Hta remains yet to be granted by the Crown ?— It does, with the exception of the front ; which, I believe, is nearly 3.-111 ,. all Evidence. Hoo.'EriXiJy. \ R. Chrittie, Esq. u APPENDIX TO REPORT ON THE AFFAIRS OF Evi dance. R. ChriMie, Esq. ^ii all occupied ; bat by far the moit valuable land Ilea, an I am credibly infoimed, in the rear of the occupied lota. 4ao. Halt there not hrcn a Iitrec nalr of land in the diiitrict of Ga8|i/-, amounting to nearly 100,000 acrea, which haa excited acme complaint ? —There waa auch a Hale about a year and a hnir ago ; hut the prompt manner in which the Government annulled the aalc haa given aniveraal iatiafaction. 460. Upon what ground waa thia aale annulled by the Government 1 — It waa annulled, aa I under8t(MHl it, because the huIc had hrcn made by the Crown-landa agent without HufHcient anthority, and in contravention of the Royal inatructiona. The notice of the sale waa not publiahed in the Gaxette, or in any otlH>r paper ; and, in the next place, 1 have reaaon to believe, that it was nut Hullicicntly publiahed ; or, at leaat, aufficiently known (for I pre- aume publicity of intended Oovcmniunt aaloa of land to l)e the purpoae of publication) in the neighlMurhood where the aale took place. A gentleman in the immediate neiG;hbourhood, concented in the lumber trade, no longer than three weeks ago, declared to me that olthouch he was concerned in tlic luml>ering on thoM; t;rouiida, and resided within aeven or eight leagueaof the tract in queation, he had no knowledge of the sole whatever until after it wm over ; wlien, for the tint time, he learnt it, to hia great aurpriae and annoyance, from one of the pnrchaHera. Ml. Had it been the practice previously to advertiae the aaloa of Crown lands, in the diatrict of Gaape, in the public Gazette /—No, it had not been the practice ; but non^ , ' r)w- ever, but small detached Iota, to accommodate actual occupanta, had, I believe, lu-en previously disposed of by aale in that district, and but very few of these. But this however, I humbly conceive, would not justify the putting up, in the aame manner, ao large a tract a« 90,000 acres. I might mention that a large tract, I believe 00,000 acres, or thereabouta, of the land in queation, was, very shortly alter the purchase from the agent, published for aale in New York, by publication in a pamphlet shape, extolling thoae lands, and with reason, as of a au{)erior description ; the whole accompanied, aa I have been reputably informed, by a lithographic diagram, liefore any thing of the kind could be had in the proper offices in Quebec. This latter port of my statement I can vouch for, having niyaeH called at those offices, and requested a aiglit of the original diagram from which the litho- graph was tuken ; when, to my aatonishment, I learnt that nothing of the kind was to DC seen or found in the oIKces ; I allude to the Surveyor-general's and Crown-lands offices. 4M. Were the purchasers residents in the district, or strangers ? — They were not resident in the district, but atrangers to it; and, I believe, the whole tract, or nearly so, fell into two hands, although u few other iiiimes mny possibly up|>caron the returns. 499. Were the purchasers, from their character and occupation, persons who might be expected to know the nature of the regulations for disposing of Crown lands, and whether tliose regulations had been violated in this particular instance ? — I think they could not but have known those regulations from the circumstance, that Crown lonHs in this and the adja- cent Province were (uiilesa in thc.instances 1 have mentioned, of their lM>ing sold to accom> modate ai-tual occupants, in small quantities and by lots) invariably published in the official, and sometimes other popcrs, before sale. 404. You have stated that the resolution of Government to annul the sale, produced universal satisfaction ; would the con6rmution of that snie then have produced any inconve- nience to the inhabitants of the district .' — Decidedly. It would have thrown a large tract of country, highly suscrptible of u>^rieulture, uiid capable of receiving &no p>or fumilies, into two hands; and I think that tliis tract comprehends one of the Huust portions of land in tlie whole district of Gaspc, possibly in Lower Cunudu. It is well watered, and every way adapted to immediate settlement, particularly by the poorer class of scttlera ; who, if located there, would find themselves in the imiiiediate vicinity of the fisheries, which would nt once afford them immediate resources for subsistence and funiish them with a permanent and profitable market for their prmluce hereaf\er; with reference to this tract of IMl.OOO acres, I nave heard it asserted, upon what I should deem gixxl authority) that if the lumbering busi- ness, that is to say, the cutting nnd felling of pine and hordwood for exportation, were carried on upon it to any coiisuleruble extent (or three or four years, the purchasers would, in timber duties alone, save more than the purchase-money they were to pay upon it. In other words, that the Oovemmeiit, inde|K;iidently of the monopoly of those lands and the timiier on them, bv two or three individuals or concerns, and the mischief thence arising to the public, was giving them totally awnv for a sum less than the timber duties would amount to in four years ; and, that in all probability, the latter would sooner find their way into the public chust than the last instalments of some of the purchasers, though I pretend not to say how true this may be ; but, 1 believe, the sale of these lands has shaken the confidence of some of those who were cutting there under Oown licenses, ond that p(!ople ure still apprehensive that these lands will, by some means or other, surreptitiously become private property. 405. What lire the general capabilities of the district of Gaspc for supporting an agricul- tural population ? — As great us any part of the district of Quebec. Its climate \s nearly the same, but its soil is generally superior. At the present time, however, its capabilities have not a fair chance ot development, for want of roads; if the Kempt road, from Mitis to the Ristigouche, and from thence to Curleton, were completely o])ened, and made prac- ticable for carriiiges, I have no doubt that the whole line would be settled in less than thrtie years. Another grcmt obstacle in tiie way of the progress of thia country is, the difficulty of obtaining titles, or any satisfactory pledge that the persons who improve lots will (m; secure in their improvements. 1 know at tlie present time many individuals living in my own immediate neighbourhood, who would be glad to purclitu«e Crown lands for immediate Bettlcincnt, BRITISH MORTU AMERICA. 1* 1 the remr to ne«riy year and hM giren nulled, at Hufficient 1« w*H not reason to (for I pro- icatinn) in bourhood, t nltlioueh 1 or eignt iftcr it was , from one idx, in the HOP' , ' ')W- lievc, I'l'en iR however, irge a tract heretibouti, ihlished for I, and with 1 reputably had in the ving myself \\ the litho- le kind was >own-lBndB not resident BO, fell into ho might be »nd whether mid not but nd the adja- to accom* the official, ', produced miy inconve- nr^e tract of tmilicii, into of land in every way , if located ouid at once muncnt and 000 acres, I ibering bu»i- were carried Id, in timber other wordn, ler on thein, public, wa» four years ; ic chust than low true this ime of those liensive that ' an ngricul- lIc iii nearly capabilities from Mitis made prac- 14 than three ihe dilBcuUy lill he itecuro in uiy own ' immediate stittleiuunt, Mttleawnt, if tli«y couM at once procure a title or satisfactory pledge to the la d the Evidence. mght select. In some cases, owinj; to the difficulty which is now experienced, as juMt neiH ^— tioncd, individuals, at their own risk, are improving lands, in the expectation of getting A< Ctriiii*, Ee^ a title, on paying for them, thoush they are anxious lest they should be compelled to pay for their own improvements. This state of things produces a degree of uneasinesa whica it is very desirable should be prevented. It is, perhaps, difficult for an individual thua cir- eninstaiKed not to feel some concern as to his future situation ; nothing, I conceive, tenda more to confirm a people in their loyalty (if I may touch upon this chapter) than a security in their title to the land they occupy and have improved. The easy acquisition, too, of a title would be no small inducement to emigration. 40(1, Suppose an emigrant from England should arrive in the district of Gasp^ with a capital of 1,000/., desirous of invMting a portion of it in the purchase of land from the Crown, and the remainder of it in improvinir the land, what course would he pursue in order to obtain a grant? — He would be exceetJingly embarrassed how to proceea to obtain an immediate title; I do not know how he ought to go to work to obtain it; nor is there, in my belief, a single individual in the district of Oaspe who could give him the requisite iniormation ; nor am I aware that under the existing system it is practicable. 407. Is there any Crown lands office in the district of Goap^ ? — There is a Crown land* agent. 408. Are there any annual sales ? — Not that I am aware of. 409. Are there any means of obtaining a legal grant in the district ?— Not that I am aware of. 470. What are the duties performed by the Crown lands officer in the district ? — His duty is, as I understand it, to dispose of the Crown lands when so authorized by the head of his department, and to look aAer the Crown dues on timber cut under licenses from the Crown. 471. How do you reconcile that part of the lost answer which relates to land, with the answer to the previous question i— That I must leave to Her Muiesty's Government, or to the Crown land agent himself. But the apparent discrepancy may De tnua explained ; there are no means of obtaining a grant in the district, the grant must be obtained in Quebec ; an emigrant may purchase there, but he cannot, even there, always obtain the lot he would choose, for he must be content to purchase one of those put up for sale ; and the sales according to the existing system, only, I believe, take place periodically, by order from Quebec, and of lands previously surveyed and published for sale. If an emi^nt could, on going to a certain Crown lands office, inspect a diagram of lands in any given part of the country, make his selction, and on paying for his lot, obtain an immediate title, I think it would induce hundreds of settlers to remain in the country, who leave it in disappoint- ment and disgust, taking with them their capital, and industry, more valuable than capital, to enrich tlie neighbouring States. Henry Le Mesurier, Esq. 471. Wh at have been your opportunities of observing the operation of the system which //. j^. MaurUr has been pursued in the disposal of land in this province? — 1 have resided in the province hn^. since the year 1B14, and for eight years I have resided in a country district; 1 am myself a large owner of wild land in the townships, and have two settled farms there, and, irom having a commercial establishment in Granby, have very frequently visited that part of the country. 473. You hare naturally been led to notice the effects which have been produced upon the settlement and improvement of the country, by the existence of large tracts of land, which have become private property, and are still in a perfectly wild state ; wliat, in your opinion, would be the fitting remedy for the evils thus occasioned ? — The opening of roads and com- munications throughout the country, which might easily be effected by a tax upon land*. A rt part of the evils to which the question refers, have been caused by the land being in ;K)sseBsion of absentees, who have done nothing towai-ds the improvement of the roads, or opening the country. 474. Then you are favourable to a general wild land tax? — Decidedly; as the only means of bringing that part of the country into cultivation, but not upon an uniform scale. 47ft. What is the nature of your objection to an uniform scale of taxation in this case? — The difference in the value of wild lands. In some partially settled townships, these lands may be worth from two to four dollars an acre, whilst in others, altogether in a wild state, the value may not exceed 2 ». 470. Does this difference of value arise from a difference in the fertility of the soil, or from the greater value given in some cases by the proximity of settlement ? — Altogether from the greater value given oy the proximity of settlement. 477. Upon what scale, then, would you propose that the tax should be levied? — I would propose that the whole of the townships should be valued, and that a scale of taxation, in proportion to that value, should be levied in each township. 478. But supposing that the whole produce of the tax were applied for the general improvement oi the country, by the opening of roads, &c., would not the owners of the land, which is now, as you say, least valuable, derive, probably, more proportionate advantage from its application than those whose land, hieing near to the settled districts, possesses already a considerable value ; and would not this counterbalance the seeming injustice of laying on an uniform tax upon lands of different value ? — I think not; I think that the partially settled 3. — III. l2 townships I -k it' APPENDIX TO REPORT ON THE AFFAIRS OF Eviduce. towiuhips will derive a greater proportionate advantage than the distant townshipt from the ____ ' application of the tax, as new settlors will always give a preference to the neighbourhood U. LiMttuner, of other settlements, and of a market I wonld, however, propose that the valuation which Eiq. I have buggested us the btisis of the tnz, should be renewed every three years, to provide against any unfairness arising from alteration in the value of the lands. I should recommend Aat the townsi '.ps should be classed according to the value of land in them, and should be taxed in classes, that set of townships paying the highest tax, in which land was of the greatest vahie, and so on. < Jamfi Bell Fartyth, &if\. J. B, Fort^t, Esq. 470. How long have you resid*^ in this country ?— I was bom in Upper Canada, and> except hav.' ii been educated in En^''lai:id, have always resided in these Provinces. 480. Younive been led, I believe, to pay attention to the subject of emigration from Britain, espec illy with rsspect to the poorer class of emigrants? — I have, 481. EmiKratioii of this descriptioii appears hiilAeito to have beer attended with many evils, but to nave Ixieii improved of iate years ? — It has been improved with respect to the destitute sick, and to the totally destitute, by means of the Emigrant Society, and the fund raised by the 'smiarant tax ; but with regard to the main body ofemigrants, the evil results of a total wa^.'. of sys'emare as conspicuous as ever. 482. Will you be s( gcdd as to specify what you consider the defects of the present mode of proceeding? — The great evils that have hitherto existed have arisen from the want of system, and especially from the want of rJl adequate means of information, advice, and guardianship. This want of information necessarily gives a vagrant character to their move- ments. Unable to obtair information as to the best mode of proceeding in this province, they move onward, to Toronto, and find the same want there ; they become disgusted, and leave the province in large rumbers, to become citizens of the American Union. Ai^". li. what propottioa do you suppose (not askins you to speak with precision) do emigrants from Britain proceed to the United States ?— ^y observation on the subject has led me to estimMe this amount at 00 in the 100 during the last few years; but it should be oLderved, that a great number of emigrants, intending to settle in the States, come by way of the St. I.awrence, in consequence of the (greater cheapness of the passage, arising from the operation of the lumber trade, which brings out so many large vessels in ballast. The ordinary price of » steerage passage to New York is from 8/. to 10/,, while the same passage from England tu 'Quebec costs from 2<. 10 i. to 4 1. 484. You mean by the want of information, advice, and guardianship, that the emigrants are left to shift for themselves in a strange country, respecting which they know next to nettling? — Yes; they have no nerson to apply to but the government agent for emigrants, who, however willinc; he luay be tc alt jrd tnem information, has not (from want of adequate means) his office upon llmt extensive scale upon which it ought to be placed, in order to be commensurate with the wunts of the croi>rrants. 48» •mder more control than it is possible to establish over them b> any Passen- gers Act, not having any especial board apponitcsi to enforce its provisions. I cnnsider that the emigrant should b<' uiicler the guardia.ship ot' the board here for 1*2 months niter his arrivRi, or until he has obtained siiSicient experienca of the country to shift for himself. Poor emigrants coming to this country should, f )r th':ir own saker, \k considered in the light of c'uildien, not to bo spoiled by over care, but to be judiciously aided and supportml during the necessary j)eriod of their helplessness, which would scarcely ever excee«l 19 months. A good deel would depend upo.n the selection of |iersons of ikidusUious and pruijvnt habits ; und i. has occurred to nic that an efficient mode of proceeding would lie that the board at home, through '.he heads of dific'rcnt rehgious dononiinatiouH, should induce young clergymen lo enlist, as it were, a Inxly of emigrants, to accompany thei.. tu this country us their ^uide and pastor, and to establish himself in the midst of them here upon a tract previuubly ])reparea for their reception, with provision for the decent mainte- nance of the minister, nnd for public worship. I am incliiieil to think t^f»t by this nieairs, in nine cases out of ten, .lie emigrants viuld be fixed upon the land instead of quitting tlieir settlements, as now commonly happens, because tney ore really in the wildemesn without any Hociiil tie*, ''''v provision for tiie clergyman should de[>cna upon liis bringing out a certain riumber of lunilirrs (I should be dispo«ed to say from 160 to 200 families), and the pmviiiioii would consist partly of a money payment of from 100/. to ISO/. piT annum, und partly of an endowment of 200 acres as glebe land. I nrusume each bo. — Yes. 600. Have yon found the surveys of them generally correct or incorrect ? — I have foimd the surveys of the township of Windsor as incorrect, or even more so, thun that of the township of Durham ; which can be proved by tlie most reliable testim./ny. (ieiierally, with the exception of the township of Wickham, I have found tliein quite incorrect, f speiik only from my peraoiial expe.'.euce nud not from v.hat 1 have heard. it f t ' II 5 % V'- i. m i ! 1..;. i M I i %m £Tid«nc«. Mr. /. KcovgL t f i Hon. J. StvotU. I* APPENDIX TO REPORT ON THE AFFAIRS OF Mr. James Ktough, Miller and Magistrc'c, from the district of Quebec, and GommisRioner of the Summary Court for the Township of Ireland. 601. You have had many opportunities of observing the state of the townships?— I haw resided for seven years in the township of Ireland, and have had considerable experience. 502. Are there not great difficulties in the way of the settlement and improvement of the county of Megantic in consequence of the state of the roads ? — Yes, there are. 603. To what circumstances do you attribute the deficiency of the roads and their bad state of repair ? — The first cause is the neglect of the grand voyer in performing his duty in visiting tliat part of the country, and the consequent neglect of the road surveyors ; the next is, the great number of lots of land owned by absentee proprietors upon the principal roads, and the difficulty, owing to the deficiency of tlie present road law, in compelling these absentee proprietors to contribute to repairs of the roads. 604. What is the nature of the deficiency in the road law to which you allude? — When proprietors of land do not reside upon their property there is no means of making the land contribute to the expense of repairing roads, except by proceedings in the Court of King's Bench at Quebec, to obtain power to sell the lands ; ana now this cannot be done until tne road overseer has expended 10 1, in repair of that portion of tlie road which belongs to that lot, which they are always unable to do, as it might take 10 years before the money laid out in respect of any particular lot amounted to this sum, and during the whole of that time the individual would be laying out of his money. 60J). Have there been any instances in which absentee proprietors have contributed to the expense of roads passing by their property f — I have not known of any ; whenever applica> tions have been made to them on the subject, the invariable answer has been, that if the people want roads tbey must pay for them. The Honourable Jonathan Sewell, Chief Justice of the Province of Lower Canada. 606. You have been a resident in this Province for a considerable number of years ? — For nearly 40 years. 607. During that time, you have probably had many opportunities of seeing the eflfect produced upon the state of the Province by the large tracts of land granted by the Crown, and allowed to remain in a wild state ? — I have. 60H. Have you considered to what extent the injurious effects, resulting from this amount of wild appropriated land, mit;ht be remedied by the imposition of a general tax upon all wild land .'—Such a tax, would in the first place, be virtually a quit-rent. If laid, it mutt be either of a burdensome description, in order to produce a pressure upon the proprietor, and thereby force him to cultivate or settle his land, or of a small amount, in which latter case, It would produce the same efi'ects that the quit-rents have tormerly produced, and, like them, would be ultimately abandoned. II' it wore of the former description, — as it appears to nie tliat the neglect to cultivate vn the part of the owner of land has heea produced as much by the conduct of the Government iuelf, by having persisted in grunts according to thi chequered diagram, notwithstanding the 'epresentation made by the Governor in Council agniiist that system to Lord Custlereagh, as by the default of the proprietor, — it may be considered a tax that ought not injustice to be laid on the proprietors. The greatest injury to the settlement of the country, produced by the non-cultivation by the proprietor, is the want ot'road«, which they could not niakt; without taking upon themselves the burden and expense uf making roads, not only through Uieii' own lots, but also through the Crown and clergy reserves. AOO. Would not this objection be removed, if the Crown and the clergy were compelled tocoittnbute towaids the e\|)eti8e of rouds in equal proportions I — I think it would, provided a course were adopted lor laying out the roads in the first instance by the intervention of the grand juries of tlu' I'nmity, witli the concurrence of the justices of the quarter sessions, and an iissehKiiient were then made with due notice to the proprietors whose lands are assessed, and an equity of redemption uIIowihI in coses of sale during one year after the sale had taken plaee, upon payment of the purchase-money with interest, and any further sums which limy be requ'c'd to make up the amount of the assessment. 510 As the want of roads is not the only injury which these wild 'unds inflict upon the settled districts of tlie priivinee, do you see iiny objection to a tax which should be imposed for the purpose of rompt'llinu; the pmprietors of wild lands to settle and cultivate their pro- pi-rtv ? — I see no objection to iin ncciiHional tax, by way of asRessment, upon the lands of all proprietors, for roiulH, bridges and other county purpoties, in the manner before mentioned. 611. Thi- (iiiestion however is, whether in your opinion there are any objections to a tax upon all wild lands, not merely for the pur|H>s« of making roads, bridges, JStc, but for the sakr ot niidering it the interest of the proprietor to cultivate or settle his land ? — I beg leave to refer to what I hnve hiiiH before, in answer to a former question : and to add that a genemi tux, in my ii,>iiiioii, would rather iin|)f>de in its efl'ects the settlement of the Proviiice than prvinioie it, and that the oojeet prowiseil liy such a tux may with greater ciirtainty bt? obtuiiied '' assessment in ili<- manner I iiave proposed, as occaition should require, and, fur the iiawiiis I have stated, with greater justice. ftf'i. Then yoir objection is to a ^enerul tax imposed by Ooveniraent, and yon would approve ul'luciii iK-cMiuenU by the iiiliabitants of a township or county, fur tlie accomplish. luent BRITISH NORTH AMERICA. 78 ment of local objects? — I should approve of assessments by grand juries in the manner I have stated. 613. If the grand juries should ii'fuse to make roads, nould you see any objection to allowing a power to the Government to take the necessary means for tlie purpose ? — It would of course be in the power of the Legislature to provide such means as they might see proper if the grand jury refused. My objection is not, a& I have said before, to taxation for county purposes, but to the means proposed for raising it, by a general tax ; conceiving, as I do, that the assessment is equally cHfectual and more fair. I should object to laying a land-tax upon any man's land for purposes which are not yet defined. My objections to such a tax, in brief, are: 1st, that for the reason I have stated it would bear hard upon the proprietors ; 2d, it would impede the settlement of the Province, as it would be equivalent to a quit- rent, and produce the same consequences ; 3d, by assessment labour would always be effectually procured, to the great advantage of the new settlers, who have very little specie indeed for tne payment of taxes. 613*. Within what limits, as to extent of land, would you propose that the power of local assessment should be confined .' — Within the j urisdiction of eacii court o'' quarter session. 614. In whom would you place the power of assessment? — In th** g;and jury, with the concurrence of the couit of quarter sessions. 616. Of what class do the grand juries and the court of quarter sessions consist? — ^The court of quarter sessions consists of magistrates, appointed for the district by the Crown ; and the grand juries, of the better classes of the settlers. ftl4*. YoB would then make it optional with the grand jurors and the magistrates to lay an assessment, or not, as they siiould please ? — I would. 610. Would it not happen that the grand jurors and magistrates might be large proprietors of wild land f — It is very possible that some might be, but tiie large proprietors would be as competent judges of the advantages to lie (derived from any road to themselves and to othera as those of minor estate. 617. Is it not a general complaint that the large proprietors have neglected to take any steps for the making of roads, &<:. ( — It is ; but I cannot say deservedly, as I have statecl before, and I say this because the perseverance in the chequered diagram, by the orders of the Home Government, has been the principal cause of the want of roads. 618. Are you acquainted with the system of leaders and associates)? — I am aware that leaders had associates. 619. Do you think that the mode of granting by the chequered diagram has conduced more to the want of roads than the system of leaders and associates i — I think it has as much. 620. Will you be so good as to explain in what way you think it has had as much effect in preventing the formation of roads I — Uy the want of means to make roads through the Crown and clergy reserves ; which, conseque'itly, left the burden of making roads through those lots upon the proprietors, in addition to tiieir own. 621. That is only a repetition of your former statement, and takes no notice of the evil produced by enormous urants to indivKJuals under the system of leaders and associates. Do you consider the evils of these large grants ns less than those arising from the chequered dia- gram system ? — Probably it is not less, but I really ciinnot say ; I have no knowledge of the course that has been pursued by the leaders and tlic associates, as I am not myself a grantee of the Crown for any land whatever, except what I hold liy purchase from the Crown. 622. I wish to explain, that the tux which is submitted tn your opinion would not be like a local assessment for any specific purpose, such as that of iniiking a road, but would be in the nature of a tine, for tlie purpose of ubjiishms ii nuisance of large tracts of land remain- ing in a wild state, bt'causc they havi" been placed by free grant out of the control of the Government, and are totally neglected by their al)sentee prupviotors. It is in that light that 1 respectfully request »)f you to staie your opinion of the tax, the Commissioners having been informed that you had stronji ol)|eetioiis to siieli a tax, and being desirous that all the objections to the tax should be reported to the Crown, as eoiiiinii fVoni a gentleman of your known 'xperience and ability '■ — The ohjectioii that I have to a general tax, I have endea- voured to explain : if it were to operate as a line, 1 do not see, tliat they would bo altered. A fine is a penalty for some individual iniscoiuluol, but a g(^neral tax, if a line, would ope- rate as a general punishment, instead of being coufuied to those whose misconduct may have merited it. 623. Has your attention been at all turned to the state of the surveys in this Province, and of defects in titles to property, in coiisecjuence of errors in the surveys? — I have known of many , I presume, on the authority of the Commissioner of Crown Lands ; had the corporation no power to interfere in the matter ? — ^They could only remon- strate ; and they made several remonstrances, but without effecL 535. So that, in fact, the property designed for the support of the clergy would appear to have been squandered away ? — Undoubtedly. 536. Are you aware that great complaints have been made as to the injurious effect of clergy reserves in impeding the settlement and improvement of the Province, by interposing tracts of wild land in the midst of the settled districts ? — I am aware that such has beeu the case, but I do not think that such complaints are well founded to the extent represented! 1 think they have sprung more from a desire to injure the Church, than from tlte evil pro- duced by lite reserves ; and 1 think that if the corporation had not been checkinl in their measures for leasing these reserves, the evil, such as it is, would not have been su great as tt is represented tolie. 037. But, as theite complaints exist, might it not be more advantageous for the clergy that, . instead of a reserve of 'and, they should ha entitled to a portion v.'' the future sales of Crown lands, equal to the proportion of land to which they are now entitled ? — I do not consider that fucn an alteration in the present system would l>e for the advantage of the Church ; but I must be understood in this case as only expressing an individual opinion. Alexander Carlisle Buchanan, Esq., Chief Agent for Emigrants in Upper and Lower Caiiaaa. 538. How long have you held your present oflice ?— Since November 1835 I have bean acting agent, and liave received the appointment of agent in April last, as successor to my uncle, wno held it from the commeiKement of th« appointment in the year 1828. 530. The office was created, was it not, in consequence of the recommendation of a Com- mittee of the House of Commons '. — Ves, it was. 540. What are the duties of the office '. — To furnish correct information to emigrants aa to the b»st place of obtuiiiing settlement, and employment for those who are in want. 541. How is this done? — I have printed instructions distributed at Grosse Isir, uiid un board the vessels here on their arrival in the harbour. The instructions are for the purpnae of preventing imposition upon the emigrants on their arrival, and to acquaint them with the protection nliicli the luw ufl'ords theui, and also with the several routes to the diH'esYnit •ettleniento I BRITISH NORTH AMERICA. 81 Crown remon- a Com* rants as uiul on uqmM ifitli th« liflewnt lemenU settlements of the two Provinces, wliere they would be likely to obtain land and employment. Evidence. My duty is also to corresiiond with the heads and managers of public works and improve- meats going on in cither Province, and to obtain from them a correct estimate of the number A. C. Buchanan, of labourers and artizuns they may require. F.sq. 643. Do you furnish any authority at home with regular information as to the demand for labour in these Provinces ? — My uncle used to correspond directly with Mr. Hay and Mr. Wiluiot Horton, who were then in the Colonial-office ; and the annual report, which ig made up at the close of the season, and given in to the Govemor-in-chief, is sent tc the Colonial Secretary, for the information of Her Majesty's Government, and printed by order of the House of Commons. 443. Does that annual report contain an account of the state of the demand for labour in the colony during the past year? — Yes ; it states where the greatest demand for labour has been during the past season, and the prospect for the ensiiine season. 644, Does it give particulars as to the amount of wages T— Some years it does, others it does not ; this generally appears in an appendix, consisting of copies of the weekly reports made to the Govemor-in-clnef. 545. Have you a regularly-eiitablished correspondence with the different districts of the Province, for the purpose of giving information ns to the state of the demand for labour ? — Yes, with the different agents established in the Upper Province. There are no other agents than myself in the Lower Province ; but I have correspondents in the eastern townships, the place where the principal domand for labour exists. 646. Correspondence with an agent? — With Mr. Webster, the Sub-Commissioner of the British North American Land Company, as the person upon whom most reliance could be placed for the distribution of the funds remitted by the parishes for the benefit of the pauper , emigrants. 647. Docs your office contain copies of the correspondence upon this subject ? — Yes ; but almost every letter of consequence is contained in the Appendix to the Reports of 1835 and l»3d. 64B. Does your office act under instructions from the Colonial department at home ? — Yes, under instructions from Lord Goderich to Sir John Colbome, and transmitted to Mr. Buchanan by Lord Aylmer. 640. Have you any direct correspondence with the Government at home? — I have never since my appomtment corresjwnded directly with any officer of the Government at home. 650. Is there any officer of the Government at home with whom, in case of necessity, you could correspond directly ? — The office has corresponded with Mr. Pinnock upon the subject of some pauper emigrants who were forwarded under his immediate superintendence; and I understand that Mr. Elliott has been appointed Agent-general for Emigration. I li;ive had no communication from him, but have adaresscd a letter to him, requesting any iustructions that he might think proper to communicate for ray guidance. 661 . Are there any funds at the disposal of your office ? — Not any ; the fund raised by the emigrant tax is expended by the Emigrant Society. 56*!. llow many persons does your office employ, and what are the salaries ? — The fol- lowing is the list of salaries and allowances for this office, but there is at present no assist- ant agent. Previous to Mr. B))chanan, chief agent, being obliged to leave this country for the benefit of his health, in 1836, I filled the office of assistant agent, and resided at Montrea'. Allowances to Emigrant Department : Chief Agent's salary £.400 - - per annum. Assistant A?;ent ....... loo - - Clerk 40-- Boat-hire and watermen boarding vessels - - - 25 - - Office rent - - -- - - - - 30 -- Stationery ........ 10 -_ Printing .-....-.. 1-2-- Postai;es ....-.-.- 10-- Travelling expanses ....... eo-- 653. Decs this account include Upper Canada ? — No, it does not. 654. Referring to the instructions wliiili you liiivp mentioned as regulating the pro- ceedings of your office, do they contain any sjiccific directions as to the dutics^vhich you have to perform? — 1 conceive that they do not; in fact, they were not addressed to my office at all. I suppose that they were tn nsniitteer emigrants from England, those emigrants sent by parishes, in large proportions, arrive m a state of great poverty. I should say that the majonty of the voluntary emigrants from England, and from the north of Ireland, do not generally arrive in a state of actual I'.estitution, since they generally possess a little money, unless tneir families are very large. We have had occasion to remark upon the inannt^r in which pauper emigrants have been sent from England, and to recommend that funds for their location should be furnished by the parishes, and tMitrusted to authorized agents here for their benefit. The observations apply, in some degree, to pauper English emigrants, but to a far greater degree U> those from Ireland, and particularly from the south of Ireland. 560. What has generally been the condition of a pau|)cr emigrant from England upon his arrival in this Province ? — Generally either with nothing.or with a very small sum in his pocket, entertaining the most erroneous ideas us to his prospects here, expecting immediate and constant empluyment at ani|jle wages, entirely ignorant of the nature of the country and of the place where lalxiiir is most in demand, and of the Ijest means by which to obtain employ- ment. He has landed from the shi|), and from his apatliy and want of energy, has loitered about the wharfs, waiting for the oiler of cmulnyment ; or, if hi; obtained employment, he calculated upon its permanency, and found liimself, at the beginning of the wnil';i', when there is little or no em|)l'>yment for labour in this part of the country, discharged, and with- out any provision for the wants of a Canadian winter. In this way emigrants huve often accumulated in (Quebec at the end of summers, encumbered it with indigent inhabitants, and formed the most onerous burden on the charitable funds of the Cdiuuiunity ; to a less degree, pc-rhaps, since the tax upon emigrants was levied, and since the Emigrant Society have hastened tiieir progress. 670. Have such emigrants usually been in a healthy state upon their arrival f — L'pon their arrival here, I slionld say, generally, yes, though very oi'teii lud weak for lubinir, being in a state of convalescence Croni some disease; because since 1H32 the quarantine establish- ment at Orosse Isle has arrested the disease there. 571. But I mean upon their arrival in the river.' — Upon their arrival in the river u great nundier of sick have landed ; a regular importation of contagious disease into this country has annually taken place. 172. That disease oricinated of course on board ship?— Oh yes. 573. And BRITISH NORTH AMERICA. M 673. And was occasioned by bad management? — I should sav so, in consequence of the ships being ill found, ill provisioned, over-crowded, and ill ventilated. This is now in some degree remedied by the present Passengers' Act. 674. Has the mortality during the voyage been great ? — I should say that it has been dreadful ; to such an extent, that in 1834, the inhabitants of Quebec, taking alarm at the number of shipwrecks, the mortality of the passengers, and the fatal diseases which accumu- lated at the quarantine oBtablishraent at Grosse Isle, and the emigrant hospital of this city, involving the inliabitauts uf Quebec in the calamity, called upon the Emigrant Society to take the subject into consideration, and make representations to the Qovemment thereon. In point of fact, there has been an annual importation of contagious disease into this city from the emigrant ships, and I believe that I shall be confirmed in that opinion by the best informed of Uie medical practitioners of this city, to whom I beg leave to refer you for more precise information. 576. Could you state generally what (las been the common fate of the emigrants of the class in question leaving a ship at Quebec i — A few remained here ; the greater part proceeded up the river, and ultimately, I believe, to the Upper Province, or the Umted States. 670. Many of them have died here, have they not ? — In some years considerable mortality has existed among them, and in 1832 and 1834, the years of epidemic cholera, the mortoUty K'as frightful. 677-0. Is there any record by which one could ascertain the fate of poorer emigrants ? — I am not aware of any in the Lower Province, but I think it not impossible that such may exist in Upper Car.ada ; we have nothing of the kind here. 679. What he.ve been the proceedinira of the society in respect of poorer emigrants ? — Up to the year 1832, the charitable and private fund of the society was applied as before stated ; more lately that fund has been applied to relieve wants not contemplated by the Provincial Act. That portion of the fund raised under that Act by the tax upon emigrants which has been entrusted to the society has been almost exclusively appropriated to forwarding; them up the river to Montreal, or to sending home such of them as disease or accident rendered incapable of supporting themselves, as well as those families who, from the loss of those individuals upon whose labour they depended for support, would have been burdensome to tlie country. At times, such iudividuals and families have been assisted with free passages, or with contributions towards free passages, to the neighbouring Pro- vinces, or even to the States, if such assistance would enable them to join friends capable of assisting them. The society is responsible for the due appropriation of the public funds with whicn it is entrusted to commissioners named by the Governor. The society is governed in its operation by certain rules, which determine the mode of distribution of its mnds, and the description of the individuals to whom relief shall be given. Since 1832, when a fourth of the fund raised under the Provincial Act was placed at the disposal of the society, they have received from that source 5,796 /. 6 s. 2 } (/., and have forwarded 16,884 emit^rants (the great mass of whom have been sent to Montreal) out of a total emigration of 180,242, or about one-ninth of the whole. They have received during the same period fwin private charity 1,010/. 10 s. 2 c/., and have assisted 6,146 persons in the manner formerly described. The amount from the former source is less than the number of emigrants during the period would give by the emigration or capitation tax, from the Provincial Act having expired in 1834, and not being renewed till 1836. So that during the former year, which, from the pri'valencc of epidemic cholera, was one of great suffering to the poorer emigrants, the society had ut lU disposal only about 418/. for all purposes. In addition to this, the society huM tMideavourud, by various representations to the Government, to obtain improve- ments III tlic system of emigration, and the removal of various hardships to which the emigrants have been, and to some of which tliey still are, subject. For exani))le, in the year m;J3, the mortality and distress which occurred amongst commuted pensioners coming out iiH emigmnts, iiuiuced ut to represent the same to the provincial Government, and to drprecate the contiuiiuu< mI h system so ruinous to the pensioner emignint and so injurious to the public ; and in 11134, in compliance with resolutions passed at a meeting of the citizens of Quebec, we iiK^uired into the op'iiitioii of the then Passengers' Act, the 9 Geo. t, c. wlucii opiTated very imi'avouiably to the life and healtli of emigrants, and sui£y;csted certain improvements in it, many of which have been since embodied in the preseiii Passengers' Act. 5ttt>. Uo you consider llie present Passengers' Act sudicienl for its purpose? — If its provisi(jiis »• le duly cnfon eil in Kiigliinil, 1 snould think it was nearly sulhcieiit. I am also incluied to think that a sulhciently qualified medical man should be provided for a suialkr numU-r i.t oinigrunts thai the Act requires. 581. In what repect are the j.'.insions of the Passengers' Act not sulRciently enforced ? — I think yuu mi^ht olitam troiii other persons a more correct answer to this question than I am able to j;ive. ai)2. Do you think that the effiithlishnient of a responsible authority at home to enforce tlwr provisionu of the Passengers Act before the departure of the cmignuits would bean irapnivement it( ilie system? — Assuredly. 68S. Is It your opiniim that, with proper arrangements, large bodies of emigrants might come from Kn^lanil to this country without incurring the evils that ymi iiave described ; — • 1 should tliiiik that till y might, under the Passenger Act duly eulorccd, and good pre- paratory provision made in this country, but not without. Eridence. J. Mcy, Eiq. M.D. >v I i I ''I'l F-E|5^ ' '' i I :l ■'! 3.— Ill MS APPENDIX TO REPORT ON THE AFFAIRS OF Kvidence. HtniyJ«iu^,E»^. f WW 'if i- JT *» mil Henry Jeuopp, Esq. 684. You are Collector of Customs of the port of Quebec ? — Yes, I have been so since 1833. 686-6. You have had good opportunities, I presume, of observing the operation of the provisions of the Passengers' Act, so far as they affect emigrants arriving here from the United Kingdom 7 — I have. 687. Will you be so good as to state whether you consider the present Passengers' Act, as at present enforced, a bufficient provision for the protection and wellbeing dunng the pas- sage of the poorer and more ignorant class of emigrants? — If the provisions of the Act were strictly enforced by the agents at home, it might be, with certain improvements. 588. In what respect does it appear to you that the provisions of the Act require to be more strictly enforced ? — It very oiten happens that the poorer emigrants have not a sufii- ciency of provisions for the voyage ; that they should have a sufficiency of provisions might be enforced under the Act, which authorizes the inspection of provisions by tne outport agent for emigrants. Many instances have come to my knowledge m wrhicli, from insuiticiency of provisions, emigrants have been thrown upon the humanity of the captain, or the charity of their fellow-passengers. It would appear also, from the fact that many vessels have more emigrant passengers than the number allowed by law, that sufficient attention is not paid at the out{K)rt to enforce the provisions of the Act as to the proportion between the numbers and tonnage. 680. Have such instances been of recent occurrence ? — Not this season, emigration having almost ceased, in consequence, I presume, of the political state of the Province ; but last year there were several instances in which prosecution took place. Vessels are chartered for emigration by persons whose sole object is to make money, and also to make a trade of evading the provisions of the Act : this applies particularly to vessels coming from Ireland. We have found, in very many instances, tnat in vessels chartered in this way, the number was greater than allowed by law, and the captains have declared that the extra numbers smuggled themselves or were smuggled on board, and were only discovered after the vessel had been several days at sea. This might be prevented by a stricter examination of the vessel. The Imperial Act requires that the names, ages, sex, and occupation of each pas- senger should be entered in a list, certified by the Customs' officer at the outport, and (leli- verwl by the captain, with ihe ship's papers, to the officers of the Customs here. Lists, pur- porting to be correct, are always delivered to the tide-surveyor, whose duty it is to muster the passengers, and compare them with the list ; and this list, in many instances, is wholly incorrect as to names and ages. 690. What is the object of falsifying the ages ? — Infants under 12 months do not pay anything ; children from 1 year to 7 count only three to an adult; from 7 to 14, two; and the object of the falsification is to defraud the revenue by evading the tax upon emigrants, payable under the Provincial law. This tax is paid, not by the emigrant, but by the ship's owners ; the person who charters the vessel therefore has a direct interest in the fal- sification. 691. With what object are the iiaraes falsified ? — A list of persons is made out, and if any of them do not take their passage, the names remain for others who may be substituted for them. 692. Does any practical inconvenience arise from this falsification ? — As to ages, the obvious disadvantage of the defeating the deliberate provision of the Act as to the propor- tion between numwrs and tonnage, and of evading the tax imposed here. The falsification of names produces no inconvenience, and I have only referred to it for the purpose of show- ing the careless manner in which the system is worked by the agents in the United Kingdom. All prosecutions for the infringement of the Act take place here ; and many inconveniences arise from t)ie delay and the expense of prosecution. 603. Be so good as to describe that delay and that expense ? — l*rosecution can only take place in the Vice-Admiralty Court, which, until lately, has only sat at certain intervals ; and there is a necessity of bringing up the captain and hw witnesses from the different coves, to the serious injury of their business. Tlic expense of prosecution in lB3(i amounted, on the average, to about 18/. in each contested case ; the penalty being only 22/. Last year the masters of the different vessels confessed judgment, and the expenses of each case were about 11/. 504. In what manner were these expenses incurred ? — By the Attorney-general's bill, and the Court awarding the charges against the Crown. 505. Is the Attorney-general made the prosecutor under the Act ?— Yes, under o':r instructions to send all cases to him. 600. And he is of coursi! entitled to fees ! — Yes. 507. Which probably constitute the bulk of the exj)ense? — Nearly the whole expense consists of fees to the Attorney-general and other officers of the court. 50B. Uo any other points occur to you relating to defects in the udininistration of the Act in England ! — The emigrant should be examined by a medical man before embarkation, so as to prevent disease from being taken on boan', especially small-|x)x. SOB. Be so good as to mention such suggestions of improvement of the Passengers' Act as may have occurred to you ! — 1 u"i of opinion that the penalty for exceeding the number of passengers allowed by the Act is too niii;h in some cases, and too low in others. The cases in wiiich the jienalty is too high, is where the number is not exceeded by iiiorc than three or four, or where the captains can prove that the extra number Lad smuggled tlieni- selves :Trt' Act number rs. Tlie ore than (1 tlieiii- selvoa BRITISH NORTH AMERICA. M selves on lioard. In such chm», tliouf^h the penalty enforced may not be more than 6/., the costs both of the captain and the Crown are the same, and are from 10/. to 12/. to the former. This penalty is too low in all aggravated cases ; and since it has been decided that, under the clausei* which inifwae the penalty of from &/. to 20 /. for every offence, the whole number in excess constitutes but one offence, the penalty becomes nugatory ; for in proportion to the greatness of the offence is the smallness of the penalty. A captain navmg, for instance, from 40 to 60 above his number, may get by this excess from 80 /. to 100/., while the utmost penalty is only 20/, Instead of this fixed penalty, I would suggest that the penalty should be about 2 /. sterling for each passenger, being about the passage money for each. In this way, no master of a vessel could find it for his interest to pass the limits fixed by the law. I have already brought the subject under the notice of the Board of Customs, by a letter written early in January, but have not heard anything from them on the subject. There should also, I think, be a power of summary conviction before two magistrates fur infringements of the Act, insteaa of the prosecution before the Court of Admiralty. In this case the penalty might easily be awarded, according to the number of passengers exceeding the limit allowed by law. (100. Do you think that sudi improvements as you have suggested in the Act are abso- lutely necessary 1 — I think that they are necessary, to impose a check upon persons who make a trade of providing the passages for emigrants, us well as fur the benefit of the emigrants themselves in such cases. All complaints with regani to excess of numbers, and the condition of the emigrants during their passage, and at their arrival here, are attended to by the Emigrant Society, and the agent for emigration, but there is great difficulty in substantiating the latter. 001-2. What has been the effect of the lumber trade upon the coat and security of the passage of the emigrant to this country ? — As to the cost, it certainly has enabled the emi- grant to come out to this country at a much lower rate than he would otherwise have been able to do, in consequence of the very considerable number of vessels proceeding to this country in ballast. With regard to the latter point, the security of the emigrant, in conse- quence of the numerous wrecks that took place, and the consequent loss of life, attention was drawn to the very inferior class of vessels that were chartered for the accommodation of emigrants coming to this country ; and the Qovemment have consequently interfered, and have compelled the employment of a better class of vessels, since which period wrecks have been far less frequent. 603. Are the precautious at present adopted to secure the employment of a proper class of vessels for the passage of emigrants, in your opinion, suflicient, or can you suggest any alteration by which their efficiency might be increased ? — I should suggest that betore any emigrants are allowed to embark upon any vessel a survey of the same should be held by two or more competent persons, and a copy thereof lodgea with the collector or chief officer of customs at the port, or with the resident emigrant agent, with a sufficient penalty to enforce the observance of the rule. ti04. Can you state what has been the actual number of shipwrecks of emigrant vessels proceeding to this port from the United Kingdom during the last eight years ? — I have no record of the number of shipwrecks, or the extent of loss of life, in my office ; but I will endeavour to procure and furnish you with the particulars. 605. Have you had any opportunity of observing the character of the emigration to this country conducted by the late Eurl of Kgrcmont, as regarded the provisions made for the comfort and health of the emigrants ? — Yes : I have been on board many of the vessels sent out by the late Earl of Egremont. The vessels were well found, the emigrants were clean and comfortable, well provisioned, and not only had every arrangement been made for their comfort during the voyage, but for their settlement in this Province. Each body of emi- grants was under the care of an agent sent out for the purpose, who was charged to watch Over their comfort during their passage, and to accompany them to the settlement prepared for them, and a sum of money was granted to each family to secure their support for 12 months. Not merely were the arrangements for the passage better thnu in any other emi- grant vessels 'hat I have seen, but the emigrants were generally of a superior class, and Better selected than any of those who have been sent out at the expense of the parishes, or who have emigrated at their own cost. 006. Have the emigrants generally who arc sent out by parishes been inferior to those who found their own way out '. — Very generally, both morally and physically. The parishes have sent out persons fur too old to gain their livelihood by work, and often of drunken and improvident habits. ThcBc emigrants have neither benefited themselves nor the country ; and this is very natural, fur, judging from the class sent out, the object con- templated must have been the getting rid uf them, luiil not either the benefit of themselves or the colony. An instance occurrt'd very recently which illustrates this subject. A respectable settler in the eastern townships lately returned from England in a vessel, on hoard of which tiiere were lao pauper passengers, sent out at the expense of their jiarishes, and out of tiie whulv number he could only select two that he was desirous of inducing to settle in the eastern townships. The conduct of the others, both male and female, was so bad, that he expressed his wish that they might proceeil to the Upper Province, instead of settling in his district. He alluded, principully, to gross drunkenness and uncliastity. 607. In the course of your observations upon tiie moiie of emigration of the poorer classes to this country, hove any improvements suggested themselves to your mind ! — I have thought that a general board ol emigration should be otablished in England, with etficient local agencies. This board should liavc the entire charge of the emigration of the poorer classes as regards especially the selection of persons and vessels, and indeed every arrange- '■i. — III. m3 nicut Evidence. Henry Jessopp,T.t<\. s iM 'it I ' I i: t M APPENDIX TO REPORT ON THE AFFAIRS OF Efidmc*. ment connected with the emigrant until hit arrirBl in this country, where he should find a branch of the home commission, whose duty should be to make every arrangement for his HrniyJtuopp,V»ls, many without a shilling m their pockets to obtain a night's lodging, and very few of them with the means of suLsisteiice for more than a very siiort period. They commonly established themselves along tiic wharfs, and at the dilllirent landin>' places, crowding into any jjluce of shelter they could obtain, where they subsisted principally upon tlie chanty of the inhabitants. For six weeks at a time, from the commencement of the emigrant ship scHson, I have known the shores of the river along Quebec, for about a mile and a half, crowded with these unfortunate |)eopU>, the places of those who might have movetl oil' being constantly supplied by fresh arrivals, and there being daily drafts of from 10 to 30 taken to the hospital with infectious disease ; the consequence was, its spread among tiie inhabitants of the city, especially m the districts in wliich these unfortunate creatures had established themselves. Those who were not ubsoliitely without money got into low taverns ond boarding-iiouses and cellars, where they congregated in immense numbers, and where their state was not any better than it had been on board ship. 015. You are dcs<'ribing n state of things which existed some years ago? — It existed, witliin my knowledge, from 1820 to 1U32, and probably for sonic years |>reviously. 010. Since 1832, has not a considerable improvement taken place ? — Yes. 017. To what do you attribute this improvement ? — To the Passengers' Act; the existence of the fund for the benefit of emigrants, already alluded to ; and the establishment at Grossc Isle, where all cases of contagious disease are detained, and the emigrants who are not affected with such disease are landed, and subjected to some discipline for the ])urpo9e of cleanliness, the ship being also cleaned whilst they remain on shore. Grossc Isle has been made public property, and the whole establishment there is under the direction of the Executive Government. There is a |>erson called the sutler, with whom a general contract is made that he shall have on the island all such necessaries aa may be required by emigrants on ■■-.-^ nRITISH NORTH AMIiRICA. «7 these on their arrivkl, at a Rtnall fixed advance upon the current pricos at Quebec ; and a hit of the Quebec priceg ia coriHtantly exhibited in a public place, where all the eniierants may nee it ; and the sutler ia obliged to take the Englinn money of the cmigranu at the Quebec rate of exchange. 618. Do you consider the provisions of the Pasnengers' Act sufficient for their purpose ? — Speaking generally, I should say they would be, if rigidly enforced. 019. Do you mean enforced here or in England ? — In England, if I may believe what has been repeatedly Htatele strains or bruises. On examining the BRITISH NORTH AMERICA. AS the captain's arm, I said that there had been no fracture ; the surgeon, so called, replied, EWdence. " I assure you the tibia and Jibuh were both broken." It happens that the libia and flhuta — are bones of the leg. This is an extreme case apparently, but is not an unfair illustration C. Poole, Eiq. m.d. of the ignorance and presumption of the class of men appointed to comply with that part of the Act which is intended to provide for the medical care of emigrants dunng the voyage. 632. Have you any, other remarks to make on existing arrangements? — I wish to say that the reports made to me by the class of captains and surgeon superintendents now bringing passengers are seldom to be relied upon ; in illustration, I beg leave to mention a case that occurred last year. It was a vessel, with about ISO passengers on board, 4rom an Irish port. The captam and surgeon assured me that they had no sickness on board, and the surgeon produced a list which he had signed of certain slight ailments, such as bowel complaints and catarrhs, which had occurred during the passage, and which appeared on the list with the remark "cured" to all of them. On making my usual personal mspec- tion of each emigrant, I found and sent to hospital upwards of 40 cases of typhus fever, of which nine were mIow in bed ; these nine they had not been able to get out of bed. Many of the others were placed against the bulwarks, to make a show of being in health, with pieces of bread and hot potatoes in their hands. 688. What is the captain's interest in such deception? — ^To prevent detention of the ship in quarantine. 683*. And the surgeon's ? — One can hardly say ; but they are probably influenced by the captain. Nevertheless, as there are many most respecteble captains in the lumber trade, a proper selection of vessels by the emigrant agents at home would prevent this abase. 634. Is that all ? — No ; that part of the law which regulates the height between decks of emigrant ships is frequently evaded in the smaller class of vessels by means of a false deck, some distance below the beams, bringing the passengers nearly in contact with the damp ballast, pressing them into the narrow part of tne ship, and the beams taking an important part of the room allotted to them by law. 636. Is it possible that such tittings should escape observation in the port of departure ? — Quite impossible, if that part of the vessel intended for emigrants be visited. 630. Are such cases common ? — In many of the smaller class of vessels from Ireland, Yarmouth, Lynn, Ipswich, &v. bringing parish emigrants. 637. Is there any poculiar superintendence on board for parish emigrants ? — Not that I am aware of; anu 1 should say th&t there is none, because they are generally at the mercy ^ •' n-.r captain or uiate, "ho serve out the provisions, and who frequently put emigra. ^n.:-. t'tnrt allowance s^>n after their departure; complaints of shoit weight and quality in v:?^ >>'. . . isiociii are frequently made. 638. Have j^ Jroug'.it these facta to the knowledge of Government? — ^These, or similar circumstances, have been mentioned by me in my annual reports for the years 1833, 1834, and 1836. '630. Was there any perceptible improvement in 1837 ? — But little in the arrangements at home I but the alteration oC the quarantine regulations here, giving me a discretionary power to permit emigrants arrivin[^ clean and healthy to proceed to Quebec, without detention or landing on the island, has induced the masters of vessels to pay more attention to the health and cleanliness of the passengers, in the hope of avoiding the detention, which used to be required in all caoes. It operates as a premium to care and attention on the pait of the captain, and has had a salutary effect on the comfort of the emigrants. It has also obviated the great former inconvenience to the merchants of Quebec of having their vessels detained when clean and healthy. This, therefore, is a considerable improvement ; but the state of the vessels generally for the year 1837, was nevertheless very fiir from what it might be, with a good system of inspection and armngement at home. For instance, 607 cases of typhus and siucM-pox were sent to hofipital, the greater part of which, as I have said before, were owing to baa arrangements. I also wish to remark in corroboration of Mr. Jessopp's statement, that down to tlie present time, the lists and descriptions of emigrants required by the Imperial Act to be certified by the customs' officer at the port of departure are seldom correct, either as to name, description, or number of passengers, so uiucli so, that it is often difficult for me tu find out whether any deficiency of numbers has been occasioned by death or otherwise. These falsifications are, first, for the purpose of evading the emigrant tax, which is levied in proportion to ago ; and the common fraud is to understate the nge ; and, secondly, for the purpose of carrying more passengers than the law allows, by counting grown persons as cnilaren, of which last the law allows a larger proportion to tonnage than of grown persons. 640. Is this fraud general ? — Yes, very common, of frequent occurrence, and it arises manifestly from want of inspection at home. 641. Have you had any means of learning the degree of inspection that takes place at home ? — If there is not one passenger to every five tons, no inspection takes place ; and captains have, in many instances, told me that the agents only mustered the possengera on deck, inquired into the quantity of provisions, and in some cases requirea them to be eroduced. en occasionally the same bag of meal, or other provisions, was shown as elongiug ui several persons in succession ; this the captain discovered af^r sailing. The mere mustering of the passengers on deck, without going below where the provisions were kept, is really no inspection at all ; and it frequently happens that passengers are smuggled on board without any provisions. There is another evil, which might be readily obviated by a proper selection of vessels at home ; that of employing as emigrant ships vessels that am scarcely sea-worthy, and which, consequently, being unable to carry sail, make very long passages. As the tonnage of the best class of vessels coming to Canada is more than 3'— III. N sufficient hi ''i ,! Tkh APPENDIX TO REPORT ON THE AFFAIRS OF EvUmm. A. N. Morin, Eiq, sufficient to bring all the emigrants in any year, the employment of these bad ships ought not to be permitted. 648. Have any remedies ibr existing evils occurred to you?— I can only agree with Mr. Jessopp and others with respect to a special board of emigration at home, having no other occupation than that of superintendinK the selection and passage of emigrants, with napoosible agents at the Tarious porta of departure, who should be obliged to inspect all Tassels bringing passengers, whether they have few or many on board, for according to the Emigrant Act, a large vessel may bring out 100 passengers, and no inspection is required or Hwde. Were the clause. No. XX., of the Passengers' Act left out, and the Act othca>- wiae enforced at home, the state of emigrants on ship-board would be much ameliorated. The present system at Orosse Isle works well, and really accomplishes its object, of preyenting the reprodiwtion of contagious diseases into the Province without unnecessary detention of the vessels. With respect to the care uf emigrants after their arrival at Quebec I oSer no opinion. Augiutin Nabert Marin, Esq., Advocate, and Member of the late Legislative Assembly of Lower Canada. 843. You have had occasion to pay a good deal of attention to the subject of grants of lands to militiamen ? — Yes ; at different times militiamen have applied to me for advice. 1 have also been eight yean a member of the Assembly, and have generally been upon com- mittees connected with the land department in general, and also committees on militia lands. 644-46. Will you be so good as to inform us what has been the nature of the proceedings witii regard to these grants ?— Some time after the late war with the United States of America, firee grants of land were promised by the provincial authorities, in the name of the Prince Regent, to disbanded soldien and miUtiamen. The allowance was to be 100 acres for each private, 900 for non-commissioned officers, 300 for ensigns, &00 for lieutenants, 800 for captains, and I believe 1,200 for superior officers. There had been six embodied battalions of militia, levied before and during the war ; those six battalions were called embodied militia^ Several corps of the sedentary militia, hy which were designated all the population able to bear arms, were also put iu requisition, and organised, and were marched to tne frontier, and served for more or less time. Several officers and militiamen of this last class are also to be found among the applicants for land, and in fact their case was foreseen in an Act of the provincial Parliament. 644. To what Act do you allude? — It was an Act passed in the year 1810, granting 3,000 /. currency, to give effect to the Royal instructions for the granting of land to militia- men and disbanded troops, who had served honourably during the late war, and to such others as might be witliiu the meaning and intent of the said instructions. It was under- stood that this sum would be sufficient for the survey of the lands. A number of wild townships were in congeqiionce set apart, and surveyed in the ordinary method ; t. c. from a unifonu diagram prepared beforehand, and without any attention to the physical topo- graphy, or to the means of access, or the capabilities of each portion ot land. These towiisoips were not contiguous, it being probably thought better to have them in separate sections ; but neither were they contiguous to other settlements ; they were remote and unknown places. This must have caused irregularities in the surveys. In addition to this, there were the two-sevenths reserved for the Crown and the Protestant clergy, which were intennixed, as elsewhere, with the rest of the lots, but not improved, and which addcsd to th* toils and difficulties of the neighbouring settlers. 647. Were these the only impediments to the settlement of the lands by the militia grantees ? — ^The management of public lands having always been centralized in Quebec, in officen not sufficiently connected or acouainted with the country, and least of all with the poorer class, to whifh the militiaiuen belonged, those of the militiamen who knew of the Roya! intentions were under the necessity of employing intermediate agents, many of whom soon turned speculators iu militia claims. A great many of the militiamen have disposed of their claims for very inadequate considerations. This kind of trade revived every time, when, from tlie proceedings of Oovemment, it was supposed that the claims would be speedily settled. Some of the speculators went into all parts of the country, searehing out militia- men ; several may have acted honestly, and given a reasonable consideration for the assign- ment which they obtained of the militiaman's claims ; I know that many did not. Some obtained powers of attorney from the claimants, to act as their agents ; among the latter, some have acted and still act bon& fide, really pursuing the advantage of their clients ; others acted for themselves, appearing to act under the powers of attorney, but possessing at the same time secret assignments of the land to themselves. The ejiochs at which these jobbing transactions took place were mostly at the beffinning, and then from 1828 to 1830, in conseauence of the favourable answer of Sir James Kempx to an address of the Assembly on behalf of militiamen whose claims had not been settled ; and lastly under Lord Gosfordf, in consequence of his answer, and the despatch which gave further time for applications, and promised some other advantages. 648. So that ill proportion as the Government appeared disposed to favour the militia- men, the system under which they were deprived of the advantages intended for them took greater effect? — Yes; and 1 allude particuiariy to the last occasion, in the year 1836, when the intentions of Government were announced afresh. In fact, at this time there are many individual speculators, each of whom represent militia claims to the amount of several thou- sand acres ; soma may have obtained patents, otiien have only location tickets, and othera ure still presoing the claims which they have purehaaed. Several officen who had mora knowledge, ancTwen better able to puraue their chums, havu obouoed their Unds or their location BRItlSH mOKm AMERICA. •1 militia- m took when many \ thou, othera more r their oeation Ideation tickets ; for I must admit that numbers of militiamen must have been negligent. I think, however, they were discouraged by the difficulties and defects of the system. Those officers however, have not, generally, improved their lands, but owing to the same difficulties, left them in their natural state, or sold them to individuals or companies. For to any one acquainted with the means of clearing and improving remote wild landa in Canada, it mast be evident that few persons, even of the condition of militia officers, could turn to any profitable account lands so remote from settlements; far less could the militia- man. There were also some fees required in the public offices, and principally for the patents. Tlie militiamen were too poor to pay them, or objected to them, saying that they had a right to a free grant. Where the patents issued, in many cases, they included a larg s number of lots, -xhiui no doubt occasioned delays, and might necessitate legal transactions between persons utterly unknown to each other. 640. In what manner did militia-men select their lands 7 — They obtained ftom the snr- veyor-generel a certificate of vacancy of a half lot, which contained 100 acres ; upon that, and their certificates of services, thev obtained location tickets. I have known instances where, after a time, the land included in location tickets not having been granted by patent, for some cause or other, the lots so selected were given to other militia-men. The location ticket contained a promise of a grant and permission to occupy. The locatees were to obtain their patents after three years on condition (hat they would, by themselves or others, reside in the place, build a house, and clear four acres of land, being the same terms upon which location tickets were g^nted generally. In most of the cases the militia-men were unable to comply with the conditions, and in many could not e\en find their land. In many cases the conditions were not really fulfilled, but only colourably to obtain the patent. Thev biiilt a mere shed, and slept there for a few nights, and then swore that they had resided on the land. In fact it was impossible for a family to reside at such a distance from other human beings in such wild places as were selected for militia grants. Besides all these difficulties to which the militia-men were exposed, there was much and harassing delay in the public offices, through which it was necessary to pass the patent. The poor people were obliged to be in direct communication with the public offices, as the professional men in general did not find it worth while to take up their cases, except, as I have mentioned before, for their own benefit. Tliere were township agents in some parts, but I do not know that they have greatly advanced the settlement of militia-men. 600. Was this system of jobbing in militia claims carried on secretly or publicly ? — Publicly. 661. What, quite without regard to decency? — In some cnses, as I have explained them, powers of attorney were given, and the real assignment was kept secret ; this secrecy might be considered as a regard to decency. But except in this respect the whole matter was as public as possible. 662. Was it so public as to be known, do you think, to the officers of Oovernment ? — I think so, but no efficient remedy could have been applied without some very important changes in the whole administration of the lands, which was not less defective, in respect to others, than in respect to militia claims. 669. What has generally become of the land for which militia location tickets were given, but the title to which has not been confirmed by patent ? — A great pirt is still in abeyance ; some lots are occupied by the owners, under the location tickets ; others have been improved according to the conditions, either within or after the time prescribed. The location tickets were by many considered as a sufficient title, and passed as such in the market ; at the same time some portions of the grants have been resumed by the Crown in consequence of the conditions of settlement not having been performed within the time prescribed. 6A4. But has not the time prescribed for making original applications for such grants been freauently enlarged ? — Yes ; twice. (16a. It may have happened therefore that a person who postponed his original applica- tion beyond the time fixed for the performance of conditions as to the early grants, would be in a better condition than an eaily applicant ? — That may easily have been the case. The matter stands thus: the time for applicutioa was long elapsed when, after repeated demands, Sir James Kempt enlarged it to the 1st of August 1830. During that period no doubt there were many new locution tickets granted. The time elapsed again, and Lord Qosford, by his answer, which was afterwards confirmed by a despatch from the Home Go- vernment, without enlarging the time to those who had not appliea under Sir James Kempt, uave greater facilitits to those who hud, by relieving them from the performance of the con- ditions ; so that it may have happened, as I have said before, that those who had been most neglectful of their claiini) may be better off than those who ur;red their claims at first. 660. How has it happened that the lands of militia-men have been resumed for non-per- formance of conditions, while, in general, there has been no resumption of nny Crown lands for this? — I cannot say; I can only refer to the evidence of the late Commissioner of Crown Lands, Mr. Felton, given before a Committee of the House of Assembly, in 1836, on this subject. 667. You are referring now to that part of Mr. Fclton's evidence, wherein he suys, that of iuch lands above 3,000 acres were sold to Messrs. Thomas, Peoples & Fleming, at 25. nd. per acre, Mr. Thomas having been agent for the township, and the person at whose instance the lands had been resumed ? — I am ; and I see in the same svidence that the sale to Messrs, Thomas, Peoples & Fleming was made upon a special order of the Uoveriior, upon their application, and at the price of 2 t.ttd. per acre, being half of the ordinary upset price of land in the township. Besides the townships specifically uppronriatcd for the militia- oien, some of them haa been allowed to exchange tiieir grants, and had tickets ol location a.->lll. N 2 of Evidence. A, N. Morin, Esq. i APPENDIX TO REPORT ON THE AFFAIRS OF EvidtoM. of lM>d in several other towitthi|M where land wu resumed. Mr. Felton says, that ia — these townships there was no distinction made as to militia-men. My opinion is, that some A. X. Mtrm, Esq, buds which had been located to militia-men were also resumed in Aston, and granted to others. 668. Have any conflicting claims as to lands arisen from such resumption, and renanta or sales ? — Yes, to my knowled^, they have arisen in the township of Aston; and l\now also that there are such conflicting claims, to a great extent, in Stansfold and Bulstrode, where militia-men have been located, but I do not know whether they have arisen in the precise cases of militia-men. 6ft8. What was the precise character of the additional fiusilities given by the answer of Lord Gosford, and the despatch to which you have alluded ?>-The militia-men were divided into three classes. 1st, those who had obtained their tickets previous to 1830 ; Sd, those who had petitioned before that time ; 3d, claims made subsequent to 1830, or not then made. To this last class no relief was given, nor any promise ; the two others were relieved from the condition of settlement. A commission was named to inquire into the nature of the different claims ; Mr. Langevtn, its secretary, worked zealously and perseveringly in the matter, but I do not know tha'i the bead of the executive was ever called to pronounce upon the claims. Mr. Langevin gathered the papers which were dispersed in difierent public offices, selected and classed them. Much statistical information on this subject might, no doubt, be obtained from him. Since that time many poor militia-men, who had never ap- pUed, have come forward, but usele^y. This last answer of Qovemment systematised the uade of militia claims, and fixed a price. The first class of Lord Gosford obtained, from ") L to 10 /. for their location tickets ; the second class from 35 1. to &0 «. ; the third class were considered a bad job, and were given for almost nothing. 660. Has anything been done to relieve those militia-men wDose grants have been resumed? — 1 do not know whether any of them have claimed on that account. I suppose that, under the terms of the despatch, they would be entitled to relief. 661. Have you any idea what proportion of the militia claims have been purehased by the speculators to whom you have referred ? — I cannot form any precise idea, but my im- pression is, that it must amount to three-fourths of the whole. 665. The system then which you have described as having been pursued in respect to these claims, must have tended to defeat the object of Qovemment in making grants to militia-men, if that object had been the settlement of the province ? — Yes. 8U3. And equally so if that object had been the permanent benefit of the militia-men hemselves?— Undoubtedly so. 664. In addition to your evidence, can you refer to any public documents which contain further details upon this subject ?— Yes. 1st. The Report made to the Assembly on the 10th of February 1834, by a committee, of which Mr. Kimber was chairman, and which was adopted by the House. 2d. An Address to Lord Aylmcr of the 24th of February 1834. 3d. The answer to this Address of the &th of Maroh 1884. 4th. A Report made to the House by messengers on the 11th November 1835, of the answer of Lord Gosford to an Address of the 4th of the same month. 6th. A Report of a Committee of the House pre- sented on the 2d January 1836. 0th. An Address of the Assembly of the 26th February 1836 ; and then 7th, the answer of the 6th Mareh 1836, to which I have referred, and which was followed by the despatch from Lord Olenelg. There are also the MiiSites of Evidence of the Special Committee of 1835 and 1836, which are to be found, dated 2d January, at the end of the third volume of the Journals of the House. Mr. John Langnin. Mr. J. Ltngnin. 666. You were, I believe, secretary to the board appointed to investigate the militia claims for grants of land ? — Yes. 666. By whom was that board appointed 1 — By Lord Gosford, in February 1837. 667. Upon what were those militia claims founded ? — Upon a proclamation by the Earl of Dalhousie, dated November 2d, 1822, offering land to the six battalions of select and em- bodied militia, who served in the late war with the United States of America, and to such as marched to the frontier, upon a certain scale, from 1,200 acres each to lieutenant-colonels to 100 each to the privates. 008. Was this proclamation issued by the authority of the Home Government, or on the sole responsibility of the Governor f — I believe, for I have no means of knowing it officially, that it was directed by a despatch from the Colonial Office to the Duke of Rich- mond, about the year 1818, which despatch does not, however, appear to have been recorded, and to which therefore I am unable to refer. 66D. Within what period were the applications originally to have been made ? By the 1st June 1823. 670. How often has that time been enlarged ? — It was first enlarged to the 1st of May 1824, afterthat to the 1st of August 1830, and then, by instructions received from the Colonial Office, all persons who had lua^e their claims before the last mentioned time, were to be put upon ihe same footing as they would have occupied at that date, without any advantage being taken of their non-fulfilment of conditions. 071. By whom were the applications for grants under this proclamation originally decided upon ? — They were referred to the Executive Council, or to the Auxiliary Land Board, which consisted of the following public officers : Clerk of the Council as Chairman, Secretary of the Province, Auditor of Land Patents, and Surveyor-general, who reported upon each case, and upon their report the Governor decided. 072. How mucn land had been actually granted to applicants before the appointment of your Board f — I ha*, e not the meuns of giving an accurate answer to this question, but the Secretary BRITISH NORTH AMERICA. to to an militia Sari of Id etn- guch [ilonels [>a the ■ing it llUch- prded, the May klonial 1)6 put lintage bcided Iwhich wy of 1 case, tnt of lit the jretary Secretary of the Province, or the Commissioner of Crown Lands, may be able to furnish yon wHh the number. (173. Do you know upon what conditions these giants were made ? — ^The person obtain- ing a location ticket, was bound to settle on the land and remain there for a period of thtee years, and within that time to erect a dwelling-house, and clear and cultiva> bur acres of land. 074. Have any of such granto been resumed for breach of condition?— Yes, but in qiost cases only when the land was applied for to be put up to sale by some party who was d»- sirous of obtaining it, and perhaps occasionally when a free grant of the same land was applied for ; but I cannot ascertain how many of these cases there were. The Surveyor- general will, however, be able to furnish this mformation. I wish however to observe, that Uiese conditions in effect destroyed the value of the grant An emigrant arriving from Eng- land, was enabled to obtain a grant of 200 acres upon precisely simuar conditions as the 100 could be obtained by the militia. Consequently, it was regarded as of no value, and in many cases nothing was done to improve it. 676. What was the last regulation on the subject of these claims? — ^The notice of the asd February 1837, to which I have referred, as placing all parties, who had made their claims before August 1830, upon the same footing as at the time of making their claims. 670. What is the number of claimanto, under this notice, who have applied to your Board ? — Of the six battalions of embodied militia, 3,006 have been ascertained to have made timely application. Of all battalions and corps, including the above, 4,703. The numberof those who, though not falling within the notice, have nevertheless claimed, is about 1,009. These are in addition to the cases upon which the Government have decided, upon the representations of the Board. 077. What amount of land would be required to satisfy the whole of the claims thus made? — About81l,000 acres. 678. Have the Board come to a decision upon any of the claims, and what has been the nature of their decisions ? — The Board first proceeded to the investigation of cases under location tickete, and have gone through 'about 700 of them, upon all of which they have reported. Out of these 700 about 300 have been referred for patent, viz. their claims have been admitted by the Governor, and the remaining cases are in progress. Some of the cases have been laid aside until the principle upon which the decision should proceed was settled by the government. The Board have also partially investigated a number of claims not under the location ticketa, and have reported favourably upon most of them. 070. Then the great majority of the claims are as yet undecided ? — Yes. 080. Was there not some distinction intended to be made, by the nroclamatioii of Sd February 1813, between the different classes of militia ? — The words or that proclamation contain the distinction. 681. Has any such distinction been observed in practice? — It appears to have been fol- lowed for a period, after which a different course was, in some instances, followed by Lord Dalhousie, tne then Governor. 683. What was the nature of that difference ? — He rejected the claims of some of the corps, who had marched to the frontier. 983. Upon what eround ? — The following are his words, under the date of 2&th of March 1884 : * I feel myself under the painful duty to put a negative upon such claims as this of the sedentary militia having for a short time marched to the frontier. I consider the battalions of incorporated militia alone entitled to grante of land, and must confine it to that class." 084. The Executive Council, then, had admitted to the benefit of the proclamation every person who had ever been to the frontier ? — Yes, and even after the minute of Lord Dal- nousie, they appear to have acted lor some time upon precisely the same principle; and the decision was sanctioned by Sir F. Burton, the Lieutenant-governor of the province, during the temporary absence of Lord Dalho.:?>e. At a later period, however, in 1830, they also altered their opinion, and adopted, with some exceptions, a rule somewhat similar to that laid down by Lord Dalhousie. 686. Have you any idea what number of the applicanta would be likely to settle upon any land granted to them ? — This would depend upon circumstances. 086. Do you imagine that half of them would ? — Under very favourable circumstances one-half might be expected ; not the individuals themselves, many of whom are dead, and the rest old, but some members of their families. 687. Then the remainder would look forward to making a piofit by the sale of their giant ? — I should imagine so. 688. Is it not understood that the titles to militia grants have, in many cases, been sold already ? — ^There are no certain means of ascertaining, but I dare say there are a good many. 788. Can you form any opinion as to the proportion so sold ? — No. EvMvnre. Mr. J. l^Kfftviu. 36 August 1838. Charlet Shirreff", Esq., of FiUroy Harbour, Upper Canada. 600. What have been your opportunities of becoming acquainted with the amount and value of the timber growing upon the waste Crown lands in tlie two Provinces?— I have resided now tor upwards of 18 years on the Ottawa, in th? heart of the timber trade of the district, and having been engaged in the timber trade before coming out to this country, 1 have been led to pay attention to this subject. I was also employed for some years as agent under the surveyor^eneral to coUect the timber duties on the Ottawa. 3.— lil. N 3 681. You I C. SHrref, Knq. EvidenM. C. SJUrrtf, Esq. M APPENDIX TO REPORT ON THB AFFAIRS OF 601. You have re«d that put of the •vidflnca of Mr. Kerr which telktes to the quantitr end value of this timber, and the largeneis of the revenue which misht be eventually derived from it ; do you consider that the opinion he has formed on this rabjeot is well founded ?— I think that his opinion is well founded as to the quantity and value of the timber, but I do not agree with him that the present duties are too low. As an illnatratioa of the increased revenue which might be derived from this source, I may mentioa that tiie produce of timber licences on the Ottawa, in the year 18S&, for the two provinces, amounted to less than a,OiKi/., and that it now amounts to about 10,000^ I am under the conviction, firom all the information I can obtain, that all the land to the north of the Ottawa, till it reaches the heights of the Hudson's Bay Company land, may be considnrcd as pine land, and the supply thmfore is practically almost inexhaustible. In addition to the present demand ftom the United States for pine timber through the St Lawrence, in the event of a communie»- tion being opened between the Ottawa and Lake Huron, a very considerable demand must arise from the Western States of America bordering upon that lake, where there is no pine timber at all, and where settlement is making unpnmlleled progress. 603. Does not the present (kcility of obtaining large blocks of land, and at low prices, tend to diminish the amount of tiiis revenue, by making it more advantaseous to individuals to purchase land for the sake of the timber only, than to pay for licences r — I should say so. Cases have occurred in which land has been bought merely for the timber, upon a ealen> lation, of course, that by this means the timber would be ootained at a cheaper rate than if it had been cut under licence. I can mention that of a company of Americans, who pur^ chased from private individuals some thousands of acres in the township of Onslow, at the rate of, 1 think, 10 s. per acre, which I do not conceive could bear any proportion to the value of the timber. Many similar oases, though to a smaller amount, have occurred within my knowledge ; and the temptation to do this was very great, because when the purchaser had paid the first instalment and obtained his location ticket, he could proceed to cut the timber; and the only penalty for not paying the other instalments, was the resumption of the land, about which he was very indiderent. This was unfair to those who cut timber under the Ucences. 698. Has any method occurred to you of preventing this practice i — The only method that has occurred to me is, that Government should hold these lands, which are generally unfit for settlement, and merely sell the timber upon them. Another check to these practices would be, that the whole of tlie purchase-money of the land should be paid down at once. 004. Do you consider the present method 0!*^ collecting the revenue from timber the best that could be adopted ? — Different methods are puraiwd in different places ; below the Ottawa the lumberer pays for the quantity of timbei named in his licence, whatever quantity he may cut ; on the Ottawa he pays for the quantity actually cut. This difference arises from the fact, that on the Ottawa the quantity is ascertained by naeasurement ; and that below, the mere statement of the lumberer is received as evidence. The method of payment according to the ouantity, ascertained by measurement, arose in the following manner :— The timber trade or this country had its origin in lictiicce granted bv the Crown at home, to contractors, for the supply of the navy yards. In order to enable the contractors to fulfil their contracts, tliey were allowed to cut timber in Canada for nothing, under these licences. This continued until the year 1834 or 183&. Previous to that, in consequence of there being no superintendence of the Crown forests, many private persons in the Province cut timber without a licence, and often interfered with the persons who were cutting under a licence from the Crown at home. This led to complaints from the agents to the contractors, and the Attorney-general of Upper Canada, finding that the timber had been cut illegally, seised and sold it. This produced great confusion and dissatisfaction, and I was then consulted by the Government of Upper Caiuida as to the means of putting the trade upon a more satis- factory footing. I recommended that the trade should Iw made free, by admitting all persons to cut timber upon equal terms, and that the quantity cut should De ascertained, and paid fur afler it had been cut. In consequence of the matter being referred to the Home Government, the present system was adopted in the year 1835, and thn trade thrown open ; and it would have been uniform if a superintendence could have been estabUshed thoughout both Provinces, similar to that adopted on the Ottawa, from whence the greatest part of the timber comes, and where the whole of it must necessarily pass under the eye of the inspector. 696. Are you of opinion that tlie revenue derived from timber in this country miffht be gl^atly increased by the adoption of a mure extensive system of superintendence ? — Yes, I have no doubt that such might be the case. 606. You consider that one of the most efficient means of increasing the demand for Canada timber wuuld be tlie opening of a direct water communication between the great timber districts un the Ottawa, by means of the lakes, and tlie new settlements forming in the north-west by the Americans ? — Them can be no question of that ; it would create an immense trade in that direction. Besides the mere facility of communication for conveying the timber to a new market, the increased facility of obtaining provisions for the great number of lumberers employed, who are now for the most part supplied from the Upiier Province, by the way of Montreal, would enable the lumberers to sell their produce at a cheaper rate, which is the most efficient means of adding to the demand. Tnere is no part ojf Upper Canada where provisions arc so dear a& on the Ottawa, where many thousands of persons are employed in lumbering; and I have no duubt that a direct water communication with the lakes would have the effect of rendering provisions as cheap in the Ottawa district as in any part of either Province. BRITISH NORTH AMERICA. UPPER CANADA. Iiiffht be -Ye«, I bt u m John RadenAunt, Eiq., Chief Clerk of the Sunreyor-general'i Office. . 697. HOW long hve you been connected with the land-granting department in this Wlony? — I have been in the (arvevoi^Keneral'i office for twenty years. I have for nine yean been chief clerk ; during the whole of which period I have discharged ail the duties of sur- veyor-general, aa well as of chief clerk (except for about nine months), and I still continue to perform the same duties. I have twice been appointed acting surveyor-general for periods of six or eight months. 698. What have been the lyitems of disposing of watte lands, the property of the Crown, punued in the province since its establishment t— Immediately after the revolutionary war with America, nil persons who had served in the colonial corps that were raised during that war were entitled to grants of land according to their rank : field officers. 5.000 acres ; captains, 3,000 acres ; subalterns, 3,000 ; sergeants, 300 acres ; privates 3oo acres ; those, too, who had not borne arms during the war, but who at tne peace came into this country previous to the expiration of 1783, were entitled to a grant of 300 acres, or OS much more, tkt the discretion of the Governor and council, as the number of their family or the extent of their means might justify: these grants were made upoa condition of actual settlement. The sons and daughters of the latter class (who are denominated U. E. loyalists), born or to be born, were to receive a grant of uoo acres each on their coming of age ; these last-named grants were subject to no conditioti till the year 1818, the fact of the party to whom the gr«n( was made being settled in the province where the land was sranied to him oeine conslHered sufficient. I have also understood that soon after the establishment of this province, as early as 1796, or thereabouts, some townships were to have been granted to persons who would undertake to locate upon tiHera a specific number of settlers, in proportion to the siae of the township. After some progress had been made by some of the nominees towards per- forming these conditions, the plan was abandoned, and grants of land were made amount- ing to 1 ,-ioo acres each, as a compensation for the trouble and expense incurred. In addition to the grants thus described, every executive councillor received a grant of 5,000 acres, free from all conditions excepting the payment of a small fee ; the children of ex- ecutive councillors also received i,3oo acres each, free from condition ; this practice con- tinued up to 1810. In 1804, new regulations were introduced of granting land, by which all grants were made subject to certain fees, with the exception of privileged grants to U. E. loyalists, officers, soldiers, executive councillors and their children. At the dis- cretion of the Governor and council, grants not exceeding i,3oo acres were made to clergymen, magistrates and barristers, free from all conditions except the payment of fees; similar grunts might be obtained by almost every body upon the same conditions; in fact, the payment of fees appears to have been the main if not the only object contemplated in the granting of land subsequent to the introduction of the table of fees of 1 804. This practice of granting land at the discretion of the Governor and council to any one whom they might consider entitled to it, without anv other condition than that of payment of fees, continued till 1818, when the performance of settlement dutieo was attached as a condition to every grant. Subsequently to this period grants of land were made with rather more reserve than previously : every person receiving a grant of land obtained only a location ticket, which merely entitled him to occupation of his land; and was bound to clear and crop five acres for every hundred, and to clear half the road in front of his location before a patent issued for his grant. This system continued upon all free grants of land till 1836, when the performance of settlement duties was dispensed with, except in the case of officers and privates, to whose eranis these conditions still remain attached. By an order in council imposing these settlenient duties, a scale of fees was attached to every grant, in propoi^ tion to tne extent of land granted ; but grants of 50 acres were allowed to be made gra- tuitously to poor settlers. In July 1825, instructions were received from Lord Bathurst, directing the sale of land upon quit-rents. Under these instructions, however, scarcely any sales were made, and in the following year, under similar instructions, the system of selling was introduced, and has been continued up to the present time. 699. You hove detailed the methods of disposing of waste lands which have been pursued since the establishment of the province, and the cliaracter of the persons who, either under instructions from the Home Government or orders in council, were considered as entitled to grants; has any lane been gronied in exception to these methods, if any thing could be regarded as exceptionil to proceedings so irregular? — Large grants have l>een made to Colonel Tulboi, amounting to 48,530 acres, as a compensation for having settled 340 settlers upon 13,000 acres of land. This was in addition to i,3oo acres upon the payment of the usual fees; there was alto a grant to the heirs of General Brock of is,ooo acres, and a grunt of 13,000 acres to the Bishop of Quebec; these two last were under especial instruc- tions from Lord Bathurst. Grants, amounting in the whole to 264,950 acres, have been made to persons contracting for the survey of townships, as a compensation for such surveys in iicu of money payment. Grants have also been made to officers and men in different corps of militia uno served during the last war with the Uni.ed States. Granu also were made to the settlers sent out under the superintendence of the late Mr. Robinson, in 1835. A quantity of land also has been grunted, chiefly in the Bathurst district, to old soldiers and military emigrants, the greatest part of whom were sent out by the Home 3. — III. N 4 Government^ Evidence. /oAii EadaAurd, Esq. > M f :i ^mm EiHlcoct. Jtkii Radtnkurtt, ^v-v 96 APPENDIX TO REPORT ON THE AFFAIRS OF Government. A grant of 5i00o acres was alto made to the Laird oFM'Nab tmmi sation for bringing oui lettTrrs. 700. Under what authority have grants or land been made in this province?— Up lo the time of the division of the provinces in 1791, all grants were made bv the anthoritv of the Governor and council at Quebec, acting under insiructiona from the Home Oovemmeot. 701. Can }ou slate how much Innd was granted in this province previous to that period?— I have no means of uscerialning, as there are no records in the office but the plans trant- mitted from Quebec whereon the locations were made, but I believe the amovnt la cunpara- tively small. After ihe division of the provinces, all grants were made bjr the Governor la council, also under instructions from the Home Governmpnt. 703. Were not grants made under the authority of Land Boards appointed by the Governor? —There were such boards appointed in 1789 for ilie Niagara midland and western districts, to which it was directed, by an order in cooncil, that applications should be made, and these boards were empowered ted upon gninis ofland at that time?— On all town lots and granu under 100 acre*, 61. 9*.; on all granu of floo acres, 8 /. 4 «. ; 300 acres, ial.6t.iid.; 400 acres, 16 1. 6 $. a d. ; 300 ncrei, flo/. io«.«id.;6ooacre*,t47. ia«.3(f.; 7ooacret,«8{.i4«.3i i>ooo acres, 41 /. Of. 5^. 716. In what manner were these fees appropriated ?— A sum varying ftom B 1. 181. 8if. upon grants of land from 100 lu 500 acres, to 5 /. 11 «. upon granu of i/xK) acres, were distributea among the different oflHcert of Government connected with the land-granting department. 737. These feet amounted to nearly ioi<. an acre, so that in fact the system Wat ei^uivaleat to a sale at that price ?— It was. 798. But the Governor in council had absolute discretion as to the Imlividnal ttt wbam this sale should be made, the locality in which his lands should be situated, and the qnantity of land lie should be allowed to obtain ?-~Yes, he had. 719. And of course this power might be exercised so as to make the pnrebnse (if it may b# to termed) of one individual very considerably more advantageooi than that of apotherT — It might; the value of land depends to much upon location that thit mutt htnt b«ea the case. 730. Were there any complaints that thit power was employed to eive an unfair preference to individuals i—l have heard such complaints ; but since 1 have been in the once, I km satisfied there have not been any just grounds for them. 731. How long did thit table of fees continue in force? — Up to the 5th January 1819. 73a. How much land was granted between 1804 and 1819 ?■> -Three hundred and eighty* eight thousand two hundred and tixty-threc acres. 733. How much of this was grnnted subject to the payment of feet, and how much to pri* vileged persons? — I have no means of ascertaining without a reference to every descrip- tion in the office, amounting fully to 50,000. 734. There hat been, then, no separate entryof granta to different clattet ; nor any index by which thete grants might at once be referred to ? — No, there has not. 735. W hat was the scale of fees substituted in the year 1 8 1 9 for that of 1 804 ?— Feet on agrant of looacret, 5/. 141. id.; on aoo acres, 16/. ijt.6d.ion 300 acres, 94/. iit.gd.; on 400 acres, 3a/. 51. 8d.; on 500 acres, 39/. 19s. gd.; on 600 acres, 47/. 131. lod.; on 700 acres, 55/ 71. ild.; on 800 acres, 63/. as.; on 900 acres, 70/. i6«. id.; on 1,000 acres, 78/. io«. id.; on 1,100 acres, 86/. 4«. ^d.; on i,aoo acrea, 93/. l8(. 4«f.; or equivalent to about seventeen-pence halfpenny an aero. 736. What exceptions were there to this scale of feet? — ^The same at those of 1804. 737. How long did those remain in foice?— Till the ist of January 1830. 738. What scale of feesi was then substituted in their place ? — By order of council, 1st of January i8ao, grants of jo acres were sratuitous. On grants of lOO acres the fee was la/. ; On aoo acret, 30/.; on 3ooacret, 601.; on 400 acres, 75/.; on 509 acres, 135/.; on 600 acres, 150/.; on 700 acres, 175/.; on 800 acret, aoo/.; on 900 ncres, 335/.; on 1,000 acres, 350/. ; on 1,100 acrea, 370/.; on 1,300 acres, 300/.; these fees were payable by instalmenta, one-third on receiving a location ticket, one-tliird on receiving the attorney'' general's fiat, and one-ihird on the description issuing from tlie surveyor-seneral's office. 739. How much of these fees was received by the officers of the Crown? — The same pre- cisely as in 1804. 740. These fees, then, raised the price of land upon all tracts containing more than 500 acres to 5*. an acre? — Yes, they did. 741. The Governor in council, however, had the same absolute power of receiving or re- jecting an application as formerly i — Yes, he had. 743. What quantity of land was granted gratuitously in 50 acre lota? — About 40,000 acres. 743. How much land was granted subject to these tees ? — Seventy-two thousand two hun- dred and twenty-eight acres. 744. Were tliere no other means by which individuals could acquire land besides those which you have mentioned; such, fur instance, at by purchase from the Indians? — There have been many purchases made from the Indians, but it was necessary that the purchaae ahould receive the confirmation of the Home Governnieut before the titles issued. 745. Have not very large tracts ofland been acquired in this mann'^r? — Ye*-. 746. Will yon mention some i — The lowns*^ ip of Woolwich, containing upwards of 86,000 acres, acquired by Mr. Wallace, and by him sold immediately to Colouel Pilkington, who commanded the engineers in this province; the township of Dumfries, containing upwiirds of 94,000 acres, granted to Mr. Sieduian, and by him sold to the Honourable W. Dixon, member of the legislative council ; the township of Nichol, containing 38,500 acres, acquired by the Honourable Thomaa Clark, legislative councillor; the township of Waterloo, con- taining upwurds of 94,000 acres, acquired by Richard Beasly and two others. 747. Was not Mr. Beasly Speaker of the House of Assembly at the time the township wat acquired in thit manner?— Yes, 1 believe he was. 748. Were there any other townships acquired in this manner i — A block of 30.800 acres was acquired by Mr. William Jervis, provinciHl secretary, and a block of 19,000 acres by John Dogsteder and Benjamin Candy ; these are all that 1 can remember at present. 749. Were any of these individuals agents forthe Indians at or prior to the time of obtain ing tliese grants ?— No, they were not. 3.— III. a 750- When Esq. ifc* 734. For K«idMKf. JtJkM lUdtnkwrtt, || APPENDIX TO REPORT ON THE AFFAIRS OF 730. When Indian land hat been acquired b« Government, wbatliaa been ihe practice with regard to the claims of individuab who had acquired rights under the Indiana if— It ha* been the practice of Government to confirm luch righti to a reasonable extent. 751. Has much land been acquired in this manner by individuals? — No, not a great deal, with the exception of the townshipa already mentioned, which contain in tne whole 35a/)oo acres. 753. Do joo know what consideration the Indians received for these grants ?~No, I do not. 753. All of tbem, however, were sanctioned by the Home Government?— Yes. 7M> Upon representation from the (Government here i — I do not know bow that would be, but! presume it was. 755. And members of the legislative council or of the Government were directly or indi< lectly concerned in every grant ?— Yes, they were . 756. In i8b6, the system of granting land s'.uject to the payment of fees was succeeded by ■ system of sale at auction ; what have been the duties of the surveyor-seneral with regard to the land sold under the instructions by which this system was introduced ? — We receive ■ certificate of sale from the commissioner of Crown lands for all lands sold upon which the purchase-money has been paid ; upon receiving this, a description for the patent issues. 757. So that the office of the surveyor-general contaiur no record of any sales of land ex> Cepting those upon which the whole of the purchase-money has been paid ? — It does not. 758. And as the Crown land is to be sold by instalments, you have no record uf the sale till ftwr years after the sale is made ? — No, except in those cases where the purchaser may find it convenient to pay the instalments before they are due. 759. So that the surveyor-general's office cannot furnish to any individual a correct state- ment of what lands are open for further settlement? — It can, except in respect of such lands as are returned to the commissioner of Crown lands as appropriated for sale. 760. la it then tbe case that portions of the province that are open for settlement are not open fur purchase ? — No, this is not the case ; if any individual should apply to the surveyor- general's office wishing 10 purchase a lot which is open for location, that lot is immediately returned to the commissioner of Crown lands for sale. 761 . After a particular lot liaa been so returned for sale, it has to be advertised and put nptoauclion, so that the individual applying for it is exposed to delay, and incurs the risK of being overbid i — That rrfates to the commissioner of Crown lands office, with whose regu- lation I am not acquainted. 76s. Why is not all the land open for location returned to the commissioner of Crown lands for sale i — Because a number of claims for locations remain in this office unsatisfied, which require that the land should be retained in the office to satisfy them. 763. Would it not greatly siniplify the proceedings of the land department, and facilitate the acquisition of land by persons desirous to settle upon it, if all lots open for disposal were returned to the commissioner of Crown lands for sale, and such as were actually located marked off in the same manner as those which have been sold ? — In the present case the commissioner of Crown lands has to refer to this office for lots required for sale, in that which you have suggested we should be required to apply to him lor lots required for loca- tion. I do not see that the public business would be facilitated by the change. 764. It is, however, absolutely at the discretion ofthe surveyor-general to decide what lands should be open for location and what should be open for sale ? — Not without the sanction of the Governor. . 765. 1 presume, liowever,that the Governor acts upon the recommendation ofthe surveyor- general ?— That I cannot say. 766. How much land has been certified to the surveyor-general's office as being sold by the commiuioner of Crown lands ? — About 50,000 acres. I will furnish a return ot the precise amount. 767. Does this include all the land which has been disposed of through the commissioner of Crown lands, and for which descriptions have issued; — No, it does not; the grants to officers of the army and navy, under the orders from tlie Horse Guards and Admiralty, or rather the lands in respect ol which a remission of purchnse-money is allowed, for that is the form in whi'.h the grant is made, are not included in this return. 768. What if. the amount of the land thus disposed of? — I will furnish a return of this. 769. All other methods of disposing of the waste land of the Crown than those of sale, or by a remiuion of purchase-money, are under the superintendence uf the surveyor-general I — ^Thcy are. 770. What other methods of disposing of woste lands are still in force ? — Grants to sons nnd daughters of U. E. loyalists, to discharged soldiers, and orders for grants of land, under the authority of the executive council, to emigrants and others yet unlocated, and which remain unlocated, because no time was limited in the order within which the individual in whose favour it was made was bound to locate it. 771. Have any of these orders been made since the establishment of the system of sale by the Treasury orders of 1835? — None, except to U. E. loyalists and discharged soldiers and sailors. 773. Thus all the unlocated orders in favour of emigrants must be of 13 years standing? — Yes, since 1835. 773. Are there many of these orders still unlocated ? — Yes, there are. 774. Can you state how much land would be required to satisfy them ? — 1 will furnish a return of ilie amount. 775. What were the grants to discharged soldiers and sailors ? — Up to 1836, every soldier vr sailor producing his discharge and acerlilicutv ufchaructir was entitled tu a grant uf too acrea I to ions d, under 1(1 whicli ridusl ia anding'! iirnUli a r toldier \\. of 100 acres M'U' BRITISH NORTH AMERICA. acrct of land ; tlim praclicc hu been put an end to, except In reipect of (oldien who have served in the country who are Hill connidered eniilird to granti. 776. Under what authority are grants to these soldiers continued?— I believe that they were exempted frtim the instructions received firom the Home Oovernment, by which the general practice was stopped. 777. How much hinu has been patented to all th"^ different classes of individuals since i8«fi? — C cannot state poiitively from memory, but I belice about 3,000,000 of acre», ex- clusive of the Canada Company. 778. And the quantity tor which patents have issued sold by the commissioner of Crown lands n rather more than 50,000 acres ? — Yes. 779. So that the quantity disposed of by free grant, since the lystem of selling was intro- duced, is nearly forty-fold greater than by sale T— It is. 780. With regard to the grants of the sons and daughters of U. E. loyalists, were any large proportion of these settled by the grantees ? — No ; by far the Inrgest proportion was sold to speculators. 781. Were any extensive purchases of these rights made by particular individuals ? — I know of one case, that of the Hon. Robert Hamilton, in which the rights to these grants to the amount of abisnt 100,000 acres were purchased, and there are several others of from 90,000 to 50.000. 78a. Mr. Hamilton wvs a member of the legislative council, was he not? — Yes, he was. 783. Were there any other large purchasers connected with the Government in any way i — ^There were two chief justices, Elmslie and Powell, the solicitor-general. Gray, and several members of the executive and legislative council, as well as members of the House of Assembly, who were very large purchasers. 784. And it is not, I suppose, too much to presume, that these individuals were able to obtain more favourable locations for their grants than a private individual could have hoped for ? — I do not think there was any partiality shown them in the selection of lots, but they necesanrily had greater facilities. 785. VHiat was the general price of tliese grants ?— From a gallon of rum up to perhaps 61. 786. So that while millions of acres were granted in this way, the settlement of the pro- vince was not advanced, nor the advantage of the grantee secured in the manner that we may suppose to have lieen contemplated by Oovernment ? — No, they were not. 787. Has this acquisition of land in large tracts by individuals operated unfavourably upon the advancement ot the proviuM ? — It certainly has retarded the settlement of the province. Land hus been locked up by tliese proprietors, who have done nothing to improve the value of their lands or to facilitate their settlement. I am only aware of one exception to this, the Honourable John Elmslie, who has expended large sums in improving his purchases. The remainder have allowed their purchases to remain waste until the rise ol value, produced by settlement in their neighbourhood, has tempted them to sell ; or have sold them toother speculators, who have allowed them thus to remain. 788. Have the disbanded soldiers and sailors generally settled upon their lands ? — Gene- rally thev have for a while. 78^. Have they then subsequently abandoned their settlements? — I hove no means of knowing it officially, but I have no reason to doubt that the majority have remained upon their land just long enough to enable them to get their deed, which they might obtain upon proof of n residence ot three years, and then sold it for a very trifling consideration. 790. What number of acres are under location; that is, as I understand, granted, but not patented i — Nearly 800,000 acres. 7QI. Lands that are not under patent arc not subject to the tax upon wild land, are they? — No, they are not. 79s. Supposing, therefore, un individual who has drawn Innd, or obtained a location, felt confident ofobtaining his patent from Government whenever he applied for it, it would be for his interest not to apply for the patent until he had an opportunity of gelling the land, or was desirous of settling on it? — Yes, lie would by this means escape the wild land tax. 793. And in practice, I suppose every individual who has thus drawn land is quite sure of obtaining his patent when he applies for it? — Yes, I have never known Government refuse a patent to a locatee. 704. What is the amount of the wild land tax to which these lands, if now under patent, would lie subject, and the number of acres thus situated i — It is ratlier more tlian 4s, per annum for 9oo acres. 795. To this extent, therefore, the province has been, so to speak, defrauded of the pro- duce of the wild land tax ? — Yes, the tux has been evaded in this manner. 796. Could any person, not being a natural-born subject or naturalized, obtain a grant of lanil in this province f — Such persons have occasionally obtained grants of land upon taking the oath of allegiance ; but since the passing of the Alien Bill, this is, I believe, impossible. 797. How much land would be required to satisfy persons who are or may be entiilcd to locations ? — About 500,000 acres. 798. What quantity of land is included in that portion of Upper Canada which hns been actually surveyed? — Nearly 17,500,000 acres. 799. How much of this has been granted or appropriated ? — 13,300,000 acres have been granted and disposed of to individuals and the Canada Company, and for public purposes ; 450,000 acres have been set apart for roads ; 318,000 acres have been appropriated to the Indians; 9,400,000 have been appropriated as clergy reserves, leaving about 1,590,000 open for disposal. 3.— III. F 800. Of Evidence. i/oia Bmitnhurtt, E«q. ■» Hi- I I '■ . i' \ -^l 100 APPENDIX TO REPORT ON THE AFFAIRS OF BvtdMM. 800. or whirli onc'third will be absorbed to satisfy oialms for location which may yet be — urged ? — Yes. •/cAm IMiMwnt, 801. And the remainder, I presurv.e, is generally of an inferior character, and in unfarour- ^•^' able position i — It i», generally. 8o!i. Have you any idea what proportion of the 1 3,300,000 granted or disposed of, i» now senerally occupied i — I have no means of ascertaining accnrately ; but from the knowledge I have acquirea by travelling through the country, I am inclin«i to believe a very smaU proportion. 003. The remainder ofcourse is wild land ;what. effect has this mass ofwildemesa upon the progress and wealth of the country, as affecling the means of communication and transpwtf — Injurious in the highest degree. Nothing has more tended to retard the settlement and prosperity of the country than this circumstance. 804. For what public purposes have lands been reserved other than the benefit of the clergy? —There have been reserves for schools amounting originally to 500,000 acres. A part of this, amounting to 266,000 acres, has been appropriated to the support of the University of King's College. 805. Under whose management are the lands appropriated to Kino's Ck>llege i — Of the chancelloruf the University and a committee. Tlie whole of the land has been patented to them. The University did not obtain the school land, but an equal amount of the mart valuable Crown reserves in exchange for the less valuable school lands. The school lands used to be under the management of a board of education, but I do not know that there is any such body now. hc6. How much of the school lands have been patented i — A very trifling quantity ; but I will furnish a precise return, 807. Of what value, generally, are those which remain ungianted ?— They will avenge, I suppose, about 10 /. per acre. 808. And as upwards of 300,000 still remain to be disposed of, this would produce about 100,000/. f — It would. 809. Lands have been appropriated as Crown reserves ; is this practice still continued f — Crown reserves are still marked upon the diagram, and are not open for location, unless specially ordered by the Governor, but they are open to sale in the same manner as other Crown lands. 8to. As regards persons entitled to grants, however, they are still actual Crown reserves i — They are. 811. What has been the practice pursued with regard to the laying out of towns, and the general disposal of town lots? — Whenever tlie surveyor-general, on the report of a deputy surveyor, imagines that a locality U advantageously situated for the building of a town, the site is submitted to the Governor as fit for a town, and in general a reservation is made for that purpose; the block thus reserved is divided into acre, half-acre and quarter-acre lot% according to its apparent vulue, or the probability of a great demand for the lots for building purposes, and these lots have been heretofore granted, subject to the payment of fees, ana on condition of erecting a building on the lot within a specified period. They were granted indiscriminately at the discretion of the executive council to any person who was willing to fulfil the conditions imposed. 813. It might happen, therefore, that the whole of the town might be granted away wtthia a short time of its reservation ? — Yes. 813. Though it must be known that only a small part of those who received the grants could iictually settle in the town { — I do not\now how that was ; but if the conditions of the grant were complied with, that was all the Government required. 814. Has it not happened, from this practice of granting in the first instance, that there are towns, the whole of which is privote property, but a very small proportion of which is built upon ! — ^There must have been buildings originally, but they may have been pulled down or allowed to fall into decay. 815. What practice bas been pursued in laying out tlie clergy reserves? — Before thetowll^ ship was surveyed, the diagram was furnished to the surveyor, with the clergy reserves, in every seventh lot marked on it, and on his return of survey, these lots were appropriated as clergy reserves. S16. By the Constitutional Act it is directed, " that whenever any grants of land shall be made by the Crown, tlicre shall at the same time be made in respect of the same a propor- tionable allutinent fur the support of the clergy ;" under what authority are the appropriations which you have described miide, before any grant has been made to private individualaf — Under authority of an order in council, 37 June 1795. 817. In the patent which issue* upon every grant of land, has there not been a specifica- tion of the land set apart for the support of a Protestant clergy, in respect of luch grant i — Yes, there has. 818. Wliat proportion of land has been specified?.— A quantity equal to one-seventh of the land granted, ur I4f acres for every 100 acres. 8ig, But as one-sseventh of the whole land comprised in a township is equal to one-sixth of the land remaining to be erantcd, after this reserve has been made, it would follow, therefore, in every township inere must be a portion of the land going under the name of clergy reserve, whicii is not specified as suuli in any patent ?^It would hare been the case if reserves had been made regularly from the commencement. 820. Have not such reserves been made regularly ?— Not in the early settlement of the province. 8fli. By BRITISH NORTH AMERICA. 101 8fli. By a ■tateneut which you have furnished to this cominiMioii.it appears that, among the surveyed lands of tho province, there are about 700,000 acres described as Indian lands, and which, therefore, have not been granted by the Crown ; has any reserve been made J»l>» for the clergy in respect of these lands ? — Yes; there has been the usual qaaotity of land ■ct apart as cleigv reserves in respect of these lands. Ssfl. Under what authority have these reserves been made \ — The reserve was made in anticipation of the land being granted. 893. So that upwards of 100,000 acres have been withheld from settlement because the tur- veyor-general chose to imagine that at some time or other the Crown would grant land which did not belong to it \ — This reserve was not made by the surveyor-general at his own discretion, but on the authority of a special order of the Governor in Council, founded on a representation of the then attorney-general ; and the greater part of it has been specified since tlie Indian lands, in respect of which the reserve was made, have been patented to individuals. 824. By the same statement furnished to this Commission, it appears that the surveyed land amounts to nearly 1 7,000,000 acres, the land appropriated as clergy reserves, amounts to about 3,400,000 acres, being about one-seventh ot the whole surveyed land, supposing the plan which you have described of reserving land equal to one-teventh of the grant, pursued in respect of the whole surveyed land, there would be a surplus, would there not, of upwards of^ 300,000 acres not specified in any patent ? If all the lands were under patent and specification taken, there would be a large surplus not required for any specifi- cation, owing to the misconception of reserving one-seventh instead of one-eighth. 8*5. And there must be a propnrtionats surplus in every township, in which a reserve of one-seventli has been made in laying it out, according to what is termed the chequered diagram system ? — Yes, there would be. 836. How many townships have been so laid out ? — About aoo, comprising about 13,000,000 of acres. 837. Nearly the whole of the land in «rhich has been disposed of by the Crown i — Nearly the whole of the land fit for cultivation. 838. So that the surplus contempktted in my former question has actually arisen in almost all the townships in the province f — In about two-thirds. 839. In what manner have the specifications forclergy reserves been made P — In the first instance only six-sevenths of every lot of 300 acres or 171 4 acres were specified ; 384 acres of each lot not being contained in any specification ; latterly the seven-sevenths of each lot have been taken out, and one-seventh of the lots set apart fur the clergy reserves in each township has been omitted from specification. 830. Will you state in what townships these separate systems have been pursued?— No such division as you require me to make can be made, because in ma^iy of the townships in which the former system was originally pursued, a portion of the land remained ungranted when the latter system was introduced ; thus both systems have been introduced into the same township. 831. So that it would be absolutely impossible to separate the specified and unspecified por- tions of what is culled the clergy reserves throughout the province ? — It is obviously impos- sible in those cases in which parts only of the particular lots were specified according to the first system described ; the one-seventh of the lots which bus not been taken in specification can be ascertained, but not any particular part of a lot. 833. How many acres of clergy reserve have been described for patent? — Nearly 74,000 acres. 833. IIuw much of this has been specified as clergy reserves in patents or grants of land f —I cannot say, as some lots are taken in whole, and others are as yet in part. 834. Are you aware whether any lots have been told, no part of which has been specified in anv patent \ — I do not know whether or not there has been such sale, tiie w^ole of the clergy reserves having been returned to the commissioner of Crown lands for sale, and this office only having a record of those upon which the whole purchase-money has been paid, 835. Such, however, may have been the case ? — Yes. 836. And many lots have been returned from this ()fl[ice to the commissioner of Crown lands no part of which has-^en specified P — ^I'here have. 837. Was there nut a special agreement made with the Laird uf M'Nab? — There was by an order in council, dated 5 November 1823. 83H. What was the nature of that agreement? — It was that a township should be set apart on theOttawofor the purpose of being placed under his superintendence; tiiat it should remoin under his sole direction for 18 months; that patents might issue to any of the settlers of the township on his certificate, stating that settlement duties were performed, and his claims on the settler adjusted, or that patents might issue to him in trust for any number of settlers; that a grant of i,30o acres was to be assigned to him, to be increased to 5,000 acres on his completing the settlement of the township. 839. Has the settlement of the township been completed ? — No, it has not. 840. The full grant of 5,000 acres has however been made to the Laird of M'Nnb, has it not ? — The order of the Governor in Council for the grant is lodged in this office, but no description for patent has issued. 841. Why is that? — The selection of the lots that he had made were those on which he had placed settlers, who I understood had made considerable improvements, and I did not feel mynelf Bt liberty to issue descriptions, and I accordingly referred it back to the extcutive 3.— III. F 2 couticii. Svidanes. 1 T-r Evidence. John BadtfU^*!, Esq. loa APPENDIX TO REPORT ON THE AFFAIRS OF council. A second petition praying that a description for thoie particular lots may issue for patent is now before the executive council. 844. The effect of granting his petition would be to place these settlers completely in his power i — Yes, it would. 843. By an order in council this township was to be placed at his disposition for 18 months; has there been any order in council extending this period ? — I am nut aware that there has been. 844. The settlement, however, of the township is still under his sole direction, is it not ? —Yet, it is. 845. Has not the settlement of a very extensive tract of country been placed under the sole superintendence of Ckilonel Talbot? — Yes, it was. S46. On what terms ? — At first, Colonel Talbot was entitled to receive 1 50 acres for every individual whom he should have settled on 50 acres of land; under this system he acquired the number of acres I have before mentioned. UnHer thisarrangement, he settled 340 fumilies; since 1821 this arrangement has been disconti: lued, but the exclusive superintendence of this lar^e tract is still in his hands ; but he performs the duties of superintendent without receiving any grant of land as remuneration. 847. He may, however, I presume make any arrangement he pleases, as to the surrender of a portion of the grant made to them, with the persons be settles on the lands? — He may, but I do not think he dees ; I have not heard any statement of the sort. 848. Has he then no remuneration for his labour? — Not that I am aware of. 849. Not a pension of 400/. a year? — He has a pension, but I do not know for what services it was granted him. 850. How much of this land is settled ? — I understand from him that he has settled nearly tlie whole of it. 851. Whatquantity of land was sold by Government to the Canada Land Company, and what were the terms of sale ? — ^The company at first contracted for the purchase of 1,384,413 acres of Crown reserves, and 829,430 of clergy reserves at 3s. 6a. per acre. The Government were, however, unable to perform their contract, so far as related to the clergy reserves, ond as a substitute, the company were allowed to select i,iou,noo acres in a block on the shores of Lake Huron, at the same price for the whole as was to have been paid for 800,000 acres of clergy reserves, making the whole of their purchase 2,484413 acres, the purchase-money was to be paid in the following annual instalments ; Til.: — In the year ending July 1827, 20,000/.; 1828,15,000/.; iSau, 15,000/.; 1830, 15,000/.; 1831, 16,000/.; 1832, 17,000/. ; 1833, 18,000/.; 1834, ig.ooo/.; 1835, 20,000/.; and 20,000 /. a year for the next seven years. The company was to be at liberty to expend one-third part of the purchase-money of the block of 1,100,000 acres in public works and improvements within such block of [and, such as canals, bridges, roads, churches, wharfs, ana school-houses, &c. 853. Has there been any obligation on the company to take out patents for their lands at any particular lime? — No, not until the expiration of the time allowed lor the payment of the whole purchase-money. 854. How much land has been described to the Canada Company i — 1,393,388 acres. 855. Whatistheextent of the establishment of the surveyor-general's office? — A surveyor- general, salary t>oo/. ; this place is at present occupied by Mr. Sullivan, who receives no salary ; chief clerk, 300/. ; draftsman, 300/. ; second clerk, 200 /. ; third clerk, 175 /. 856. What is the slate rf the surveys throughout the province generally ? — Generally speaking, they are very inaccurate. This inaccuracy was produced, in the first instance, by the deficiency of competent persons, and the carelessness with which the surveys were conducted. Latterly the practice introduced by Sir Pereerine Maitland, in spile of the results being pointed out, by the then surveyor-general, of letting out the surveys to any person who wnsi willing to contract for them fur a certain quantity of laud, produced ex- treme carelessness and inaccuracy. The surveyors just hurried through the township, and, of course, made surveys which on the ground are found to be very inaccurate. 857. To such an extent probably, that in some townships scarcely a single lot is of the dimensions or position actually assigned to it in the diagram? — There are instances of this sort. 8j8. The consequences of this have, I suppose, been confusion and uncertainly in the pos- session of almost every man, and no small amount of litigation ? — Such has been the case : last session an Act was passed, authorizing the Governor to appoint commissioners, with power to settle disputed buunduries, which will, 1 hope, remedy the inconveniences arising firom this source. 859. Are there not considerable arrears in the office of the surveyor-general ? — There are a number of entries in the books, such as field notes, commissioners' reports, 8lc. &c., which require to be made, but the current business of the office is not in arrear. For the lust nine years, however, the office has not had its full establishment ; I have been re<|uired to perform the duties of surveyor-general as well as of chief clerk, instead of being kept to the latter duties only, and there has been no efleciuul superintendence of the office, owing to the same cause, except during the ij months Mr. Chewett was acting survey 01- geueral. The office is in the same condition nt the present time, as the present surveyor- general has other duties to perform, which occupy the whole of his time. Riehard BRITISH NORTH AMERICA. 103 RicAard Hill TkomhUl, Esq., Chief Clerk of the Crown Land« Office. 860. WHAT are the duties of the Crown lands office ?— The commissioner of Crown lands has the soperintendence of the sale, and management of the Crown lands of the province. 861. Are there any other duties performed by the commissioner of Crown lanas ? — Yes ; tlie duties upon timber throughout the province are collected and accounted for by the com- missioner of Crown lands, as surveyor-general of woods and forests, and the sale and management of clergy reserves are under the control of the commissioner of Crown lands, as agent for the sale of clergy reserves. 863. How long lias this office existed i — Mr. Robinson, the former commissioner, was, I believe, appointed to his office in 1837, but did not enter upon the duty of his office till April 1838. 863. Were the three offices created at the same time ? — Yes, nearly so. 864. And vested in the same person ? — Yes. 865. Were there separate salaries for the three offices i — Yes. 866. What was their amount? — The commissioner of Crown lands, 500/. sterling; sur- veyor-general of woods and forests, 500/. sterling ; and by an order in council, as agent for the clergy reserves, 500 /. currency ; the present commissioner of Crown lands, 500 /. sterling as such commissioner, and 500 1, currency as agent for the sale of clergy reserves, and he performs the duties of surveyor-general of woods and forests without salary. 867. By whom were the duties now performed by the holder of these three offices previously performed ? — ^The duties can hardly be said to have had any existence previously ; all Crown land was previously disposed of by grant, and the whole of this business was managed then, us now, by the surveyor-general ; I believe the management of the clergy reserves was previously under the control of u corporation, but these reserves could not be sold. 868. How long have you held your present office ? — I have been chief clerk since 1 836, but have been in the office since November 1 828, and performed the duties of chief clerk for some years previously to receiving that appointment. 869. Of what does the property of tlie Crown under the control of the commissioner of Crown lands consist ? — Such portion of the vacant and ungraiited lands of the Crown as are from time to time returned by the surveyor-general as open for sale, together with such of the Crown reserves surveyed since 1834, or not made over to the Canada Company, as are similarly returned. 870. How much has been returned to the commissioner of Crown lands in this manner i — About 300,000 acres. 871. Of this how much has been sold 1 — One hundred thousand tliree hundred and seven- teen acres. 873. Were there not regulations in force for the sale of Crown lands previous to 1838, when the office for commissioner of Crown lands was established ? — I understand there were. 873. Do you know if any sales of land took place under these regulations ? — I do not. 874. By what regulations has the commissioner of Crown lands been regulated in the dis- charge ot his duties? — By instructions issued to Mr. Robinson, the commissioner of Crown lands, by the Lords of the Treasury, dated 18 July 1837, a copy of which I beg to hand in. 875. But have not other regulations been subsequently issued by the Colonial Office for the aale and management of the Crown lands of the province? — Yes, in 1831, and sub- sequently. 876. Have these subsequent regulations been acted on i — ^To a certain extent, I believe, they have. 877. To what extent? — ^To the extent of abstaining from the sale of Crown lands, other- wise than by public auction, except in the case of selling to emigranta, under the sanction of a special order of council, according to tlie regulations of 1830, which allowed three years for the payment of the first instalment, under particular circumstances. 878. 1 perceive, by the instructions to Mr. Robinson, which you have put in, that the com- missioner of Crown lands is directed to ascertain "the nature and particulars of all the Crown property within the province, under the following heads: waste lands in those dis- tricts ol the colony which have not heretofore been surveyed or laid out ; waste lands in those districts of the colony which have been surveyed and laid out, but no part of which has been granted ; ungranted lands and Crown reserves in those districts wliern grants have been made ; lands which have been granted in perpetuity, upon payment of quit or other rents; lands and reserves which have been granted upon leases for series of years, upon reserved rents or otherwise." Have these instructions been complied with ? — Tliey have not been complied with. 880. Thecomuiiiisioner is also required by the same instructions " to submit to the Gover- nor or officer administering the government, a report of the total quantity of each district of Crown properly, within each district, of the reserve, so far as he may then have ascer- tained tlie same, togellier with his opinion of the quantity of each description of property which it may be expedient to olTer for sale in the ensuing year." Has this part of the instructions been complied with i — No, it has not. 881. What part of the instructions tlien has Leen acted upon f— Except in the particulars leferr I to in ilie previous questions, they have been acted upon, unless in cases where a depH.iure from iheni has been sknctioncd by the Governor, whose order under the same instructions the commissioner is bound to obey. 3.— III. P 3 88a. The Evidence. H. TkurnhUl, Esq. :? ? t ( A 104 APPENDIX TO SEPOtRT ON THE AFFAIRS OF LvidMG*. 883. The two particulars then in which these inatructions have not been acted upon ap- — pear to be, that the comminioner of Crown lands has never obtained a return of all the Jt, H, ntrnkiO, ungranted lands within the colony, and consequently has never reported the same to the Esq. Governor? — I wish to sav in answer to that, that partial returns have been obtained firom the surveyor-general's ofilje of such townships and lands as appear likely to be sought after. 883. But the quantity of surveyed and ungranted lands is 1,500,000 acres, while the whole amount returned to the comniissioner of Crown iands, as open for sale, amounts to only about 300,000 acres ? — Yes, but returns have been called for by the present commissioner of Crown lands, immediately upon his appointment in 1836, of the quantity of land located on which the duties of settlement have not been performed, and which would therefore have reverted to the Crown ; but this return has not yet been furnished ; these lands would form most probably the most valuable part of the property of the Crown. 884. But as the present commissioner of Crown lands is also surveyor-general, he is calling upon himself for this return, is he not ? — The present commissioner of Grown lands only received the appointment of surveyor-general on 20th June 1838. 885. By the mstructions to Mr. Robinson, it appears that the sale and management of all the Crown lauds in the province were placed under his control as commissioner of Crown lands ; it would se<>m however from your answers, that he has never been commissioner of Crown lands, or assumed the manaijeiuent of more than the 300,000 acres returned to him by the 3urveyor>gcneral ? — No, he did not assume the control of locations of lauds remaining unreturned by the surveyor-general, except that as surveyor-general of the woods and forests he sold the right to cut timber on them. 886. But this had nothing to do with the disposal of the land ? — No, it had not. 887. So that in fact the quantity and situation of the land to be put up to sale was deter- mined not by the commissioner of Crown lands and by the Governor, as directed by these instructions, but by the surveyor-general f — The surveyor-general never made any returns, unless specifically called on to do so ; and, therefore, the situation and quantity of land to be put up to sale was determined by the commissioner of Crown lands, by whom these returns are called for. 888. Why then did not the commissioner of Crown lands call for a return of the whole? —I cannot say. 889. But the management of all lands not included in these returns remained in the handf of the surveyor-general, who might at any time appropriate the most valuable portions to individuals entitled to free grants of land i — The control of lands not having been assumed by the commissioner of Grown lands, the surveyor-general was at liberty to locate them to such persons having orders for free grants of lana as he thought fit. 8qo. Whathavebeen the proceedings of the commissioner of Crown lands in respect of the lauds so returned to him P — Agents have been appointed throughout the province to carry the public sales into eflfect; when a sale of waste land took place, notice tnereof was givei^ in tne official gazette and other newspapers published in the province; the purchaser at any such sale was required to pay the first instaimeut of one quarter into the office before he received authori'.y from the office to take possession of his land ; the remainder ofthe purchase-money was required to be paid by three equal annual instalments without interest, the patent for such land not issuing until the full amount of purchase-money was paid to the commissioner of Crown lands. 891. At what time were the first instalments required to be paid? — It was required to be paid down. 8q2. That is, at the time of the auction \ — It was required so to be paid, bu' .^as not so paid in all cases ; the sale was not considered to be completed until the payment of such instalment. 893. What proportion do you suppose was - aid at the time of auction? — A very small propotlion indeed ; in fact, the auction sales were altogether nominal, in respect to a consi- derable number of lots ; the persons to whom these lots were knocked down never com- pleted their purchase by the payment of the instalment ; such bidden, however, were not considered as having any right to ihe lunds. 894. How long a time was allowed to elapse in these cases before the land was considered forfeited and put up to sale again ? — No definite time was fixed by the late commissioner, who received the money at his discretion at any distance of time in cases where he considered the parties entitled to such indulgence; in other cases it was put up for sale at tho next sale ; '-ut there was no regularity in this, and it did not often happen. Autumn sales gen»- rally closed in the month of November, and began about May in the ensuing year, and indulgence -■' " always granted by the commissioner for this interval. 895. r uiean time, the person who had been prevented from purchasing by being outbid b i> _i these nominal purchasers at a former sale, might have left tlie country, or have pur\...><.cJ land of private individuals, or determined not to purchase land at all F — It <« possible such mieht be the case. 896. And in all oases the land was withheld from settlement during the interval between one sale and another? — Yes, it was. 897. In the year 1833, interest was required upon instalments after the first ; under what authority was this required ? — Under instructions from the Home Government. 898. Was this the only change introduced into the system of selling by those instructions \ — It WHS the only alteration in this office. 809. Then the oeriod at which instalments were payable was not altered in any respect? —Not in anv 900. Have BRITISH NORTH AMERICA. 106 luired genft- and goo. Have any steps been taken to prevent the occurrence of inconveniences, sach as you EviduMc describe, nriging'froni the practice of not recjuiring the instalment to be paid down ? — Yes, upon the appointment of the present commissioner of Crown lands, Mr. S .Uivan, persons bidding for land at public auction were required to pay the instalments into this office within 14 days from the day o^ sale, and agents were required to render to this office a return of the land sold at each sale, as soon as the same was closed. At the expiration of the period of 14 days, returns are forwarded to the agents in the different districts, of the persons who have complied with this condition, and the agents are directed to offer all lots not included in this return, for sale at the next monthly sale. It having also appeared to the present commissioner that, in certain cases, persons not intending to become purchasers were in the habit of oiddini; uu the lots in opposition to individuals having the means and intention of paying for- the fano, and bringing settlers thereon, the agent was instructed to require payment of the first instalment of tli^ purchase-money on the spot, in cases which appeared to nim to require such proceedings, and in default therciof the lot was to be put up again, and the bid of that person not received, which precludes the possibility of a hon&Jide par chaser beintr disappointed in his attempts to obtain land for settlement. Mr. Sullivan also caused circmars to be prepared, giving notice to persons in arrear that they would be called upon to pay up the amounts due from them ; but he did not issue it, as nothing of the sort had been done by his predecessors, and he was aware that the people of the country were in expectation of some favourable change in the land-granting department. got . But under the former system lands in respect of which the first instalment had not been paid before tlie next sale, were in some cases put up again at that sale, does the present change therefore affiect an improvement in many cases, except those in which the agent may imagine that the bidder has no intention of completing his purchase 1 — Yes, it does ; sales were not always made at monthly intervals, and persons who bid off lands were in the habit of considering that they had a claim to such lands ; the agents too, in most cases, did not make immediate returns of the sales, and therefore the further dealing with the parties bidding off, was not placed in the power of the commissioner, but was kept to a great extent in the hands of the agent, nor was any day fixed within the month after which the instalment could not be recovered ; all these sources of irregularity are now put an end to. 902. Why do you return to the agent the number of those who have complied with the coiv- ditions of sale by the payment of the purchase-money ? — Because it is much easier, their number being so much smaller. 903. What proportion of the purchasers of Crown lots are now in arrear f — A very large proportion. 904. what has been the amount of Crown lands sold in each year since the establishment of this office 1 — I beg leave to refer to a return furnished from this office on the subject. 905. Has any part of this land been sold by private contract ? — Yes, a small portion of it has been soM under special instructions from trie Governor, in cases where it was imagined that the individuals had a right to pre-emption, owing to their having improved a part of the lot, or in cases of broken lots lying between their farms, and water, or a public road, or in other cases which appeared to tlie Oovernor to require a deviation from the usual course, and also under the regulations of 1831 to indigent settlers recently arrived in the colony. 906. How much land has teen disposed of in tliis way ? — I am unable to answer this ques- tion, as there has been no distinction made in the books of the office between sales by pri- vate contract and sales at public auction. 907. What proportion of the 100,000 acres sold by the commissioner of Crown lands should you suppose has been disposed of in this manner ? — Possibly about a tenth. 908. The remainder has been sold by public auction i — Yes. 909. Supposing an individual to arrive from England at the present time desirous of pur- chasing lano, what would be his opportunities of selection : would he be confined to the land returned to you by ihe surveyor-general, ur would he have choice among all the uur granted Innds of the Crown i — He would be confined to the lots named in the handbills issued by this department, and which contain only such lands as are returned by the sur- veyor-general, unless he happened to learn from trienda already settled in the country ihut lots not included in these returns were vacant, in which case, on application to this otHce, reference is made to the surveyor-geiicrnls's office, when, if such lot prove to be vacant, u requisition would be made that the same might be returned to this department, when the lot would be put up at the ensuing sale. 010. This proceeding must have involved considerable delay und trouble to the emigrant ? — It unquestionably did, but cannot now be remedied until the returns called for by the present commissioner of Crown lands are furnished. 911. But it would never have existed if the instructions of 1837, requiring the commis- sioner of Crown lands to ascertain the ihiture and particulars of all the Crown property within the province had been acted upon ? — Of course it would not ; this delay will, however, be avoided for the future, by tlie appointment of the present commissioner of Crown lands to the office of surveyor-general, 913. But even now, after an emismuit has been at the trouble and expense of ascertaining the advantages of any particulor lot, he is liable to be overbid by a speculator, who may be templed to bid for the lot because he sees that a hoit& Ji they not? — Yes. 993. What has been the effect of this practice, ns regards the character and means of those by whom purchases have been mude? — No doubt it had a bad effect; inducing persons to purchase land, with far less capital and means of improving it, than would have been the case had the whole amount of the purchase-mune^' been required to be paid down ; and it has induced persons to purchase, whose means were so limited as to leave them without the means of providing for their families; who have then been exposed to the gri^test hardships for years. The small ninouut of the instalment, especially in the case ol clergy reserves, induces persons of this class to purchase mort land than they can conveniently pay for ; and they are further encouraged by the knowledge of the fact, that Government have never taken any steps to distress persons who have paid one instalment, wliether of a fourth, us in the case of the Crown, or a tenth, as in the case of clergy reserves, on account of the remainder. 1 think it would be a considerable improvement to the system, if the price of Crown lands was diminished, and tite whole of the purchase-money required to be paid down. 934. Have there not been directions issued from the Colonial Office,directing that the whole of the purchase-money should he paid at once ? — Yes ; such a despatch was received during tne administration of Sir F. U. Head, but it was received during the great commer- cial pressure in this country ; and from that cause, as well as others to which 1 liave referred, such as the expectation ut the public that land would be granted upon more advantageous terms than formerly, the commissioner of Crown lands was instructed by the Government, not to net upon the regulation until further orders. 935. The commissioner has tlie power of fixing the prices at which Crown lands shall be put up? — He hiis virtually, but he cannot determine the price at which land shall be sold, as he is compelled to put it up for sale by action. 936. Was there not an net of the provincial legislature, introducing new regulations for the future disposal of waste lands, the properly of the Crown ? — Yes, such an act was |>assed in the session of 1837, which was reserved for the royal assent, and to which such assent hits been since given ; but the same has not gone fully into operation, in consequence of instructions received from Lord Durham ; it was the less necessary, since the emigration tins year lias been very trifling, and very few applications, indeed, have been made fur land. 937. In what way will this act affect the duties of commissioner of Crown lands? — ^Tlic principal object of that act appears to have been to benefit the speculators in U. E, rights, and to curtail the necessary Jiscretinnary power which should be vested in the head of a department ; the first object was cccomplislied, by authorizing the issue of a patent in the name of an assignee, instead of the U. £. claimant, as formerly ; and abo admitting the claim BRITISH NORTH AMERICA. 107 olaim of the aMignee to a remiuion of 40 /. upon each right, in the purchaae of poblic lands, whether Crown land, or clergy, ordnance or Indian retervei. It direcit the apiwintment of agent! in each district in the province, however imall mav be the quantity of public lands in the district, to whom all payments are to be mode, and for whose due application of such payments the commissioner of Crown lands is made responsible; the securities which they are required to furnish being tu him and not tu the Oovrmment. 928. In what way are the agents to be remunerated i — By a per centage on the sales they may effect. 999. This would amount to a very small sum, would it not ?^Veiy small. 930. Then it may be presumed, that few persons would be found to take the situation, for the sake of the emolument only ? — I should think so. 931. Have these agenta any Ppwer of locating claims for themselves or their families ? — They have, and i should think this might be a reason for their taking the office ; in connexion with the favour and patronage which such an office might give, which would be very great; indeed, their powers, as defined by the act, would leave the commissioner of Crown lands ■t Toronto, a complete cypher, placing him in the condition of an accountant, bound to audit the accounts of the commissioners for the provincial legislature. 932. What are the dutiea of the commissioner of Crown lands, as agent for the clergy re- serves I'-To ascertain the value of such lots as are under lease or occupation of individuals, and to sell the same upon application of the persons settled thereon ; flxmg the upset price to vacant clergy reserves, and selline the same by auction in the district where the lots are situated; receiving the amount ot purchase-money, and accounting therefor to the Gover- nor in council. The principal of the purchase-money, as it is received, is paid into the miliiary chest, under iiutructions from Lord Goderich, and the interest is paid to the receiver-general. 933' Of what do these cleruy reserves consist ? — A« I understand it, of one-seventh of the lands in the different surveyed townships in the province ; at least I should judge this from the returns from the surveyor-general's office, which consist of one-seventh of the lands in the survevetl townships. 934. Ylie reserves are offered for sale under an Act of the Imperial Legislature, are they not i — Yes, they are. 935. What proportion of them is the agent for clergy reserves authorized to sell? — One- fourth part, at not more than 10,000 acres per annum. 936. Uow much has been returned to the agent for clergy reserves, as the whole amount of such reserves ? — Upwards of 3,350,000 acres. 937. How much of these have been disposed of in the whole ? — Four hundred and sixty- six' thousand seven hundred and lorty-two acres up to June last, and 6,363 acres since that time ; making 473,105 acres in the whole. 938. So that there are at the present time 120,000 acres yet to be disposed of before the amount which the Act authorizes the agent to sell will be exhausted ? — Yes, there are; but about 1 57,000 arrea of the total amount given above has not yet been surveyed. 939. In what manner are the reaerves sold, by auction or by private contract i — ^They are sold, the vacant lots by public auction, the leased and improved lots by private contract, to the persons by whom they are occupied and have been improved, under (he authority of an order in council, the parlies so admitted to purchase producing documentary evidence of their right to pre-emption. 940. Of the 466,000 acres sold, what proportion was improved or on lease f — I am unable to answer this question, as in the official books no disiinciion is made between occupied and unoccupied lots, nor between private sales and sales by auction. 941. What is the total amount tor which the land has been sold i — ^i£'.3i7ii34. 8t. id. 943. How much of this has been received? — £-ti7>555. 14*. jd. 943. Leaving a balance of £.199,578. 131. 6d. still due? — Yes. 944. Is any difficulty found in collecting the instalments for clergy reserves as they become due I — Yes ; u great proportion of them have been allowed from the commencement to remain iu arrear, and for the last year and a half a greater proportion of arrearages have occurred owing to the pressure of the limes ; this will not appear by the accounts of the sums received as given above, but this is accounted for by the fact that several of the pur- chasers have paid their purchase-money and obtained their land before the instalments became due. 945. Do you know what is the ultimate dispositioit oi the monies received on this ac- count i — I have understood it is vested in the English fuf i», for the benefit of the clergy for whom these reserves are made. 946. Has not this been as yet practically for the I'^piscopal clergy ?— I cannot say from my own knowledge, but I have understood so. 947. And this is the general understanding tlirou^:hout the province, is it not? — Yes, it is, as far as I have observed. 948. Has this appropriation of the whole proceedsof liiese reserves produced any,and if any, wliat feeling adverse to the political tranquillity of the province P — I have reason to believe that it has produced a feeling of jealousy amongst tltcdifferent religious denominations, and more especially the Presbyterian congregations, which has naturuly tended to disturb the political tranquillity of the province. 949. In what manner are the timber duties collected in this province ? — The usual practice has been to grant licenses to applicants for the privilege of cutting timber upon Crown lands, for a certain quantity specified in such a license; a bond is at the same time taken 3.— III. « •"'»« Evidence. Esq. T } u I«8 APPENDIX TO REPORT ON THE AFFAIItS OF Evidence. Roa.lLB.SiJIivan. from the parties obtainiDK tnch licen recent creation i — Yes; previously to the appointment of A.r.Kobinson, the whole business of the land-granting department was conducted by the surveyor-general ; the office of coinniissicner ot Crown lands was tlien appointecation of Crown IhihU, selling of licenses to cut timber; and you also have the exclusive management ul the sale of clergy reserves? — Yes, I have. 961. By what regulaiionsareyou guidetl in the performance of these duties? — lam guided in the disposal ol Crown lands by an act of the provincial parliuiueiii passed during the last session, by various orders I'rom Her Majesty's Guveruineiit received from time to timet and by a series of orders in council passed aiiice the firat Kciilcineni of the province; as agent for the sale of clergy reserves, 1 am guided by the act uf the provinciai parliament authorizing their sale, and by orders in council 963. By the instructions given to Vlr.Kobiiison.put in by Mr.Thornhill,thefirst instalment on account of the purchase-money is reqiiiied to be paid down; iliis practice has not, however, been generally observed since your uppoininu'iii, has it?— li lias not been followed, because ihe sales have taken place siiniiliuneiiusly in ilitrt-ieut parts uf the country, and t would not be accountable for the receipts of muiiev by ilie |i«rsons a|ipuinted to sell ; a reasonable BRITISH NORTH AMERICA 109 lig the I lime. Ice ; ns liauient nlinent Its not, |lowe<), and I kll ; a lonable ituonable time ii allowed by me for the payment of the money into this office, upon which an official receipt iMuet, and 1 have not treated the parlies aa acquiring any ngbt until (his payment it made. In the few «alei« which have taken plaoe in town, 1 have directed tlie mone^ to be paid on the name day into the office, and have atlcnd«d mywlf for the puipoae oi receiving the money in case of any diapnie; the Act of Parliament, however, to which I have referred, relieves me from this difficultyi since it directs payment to be mode to tlie agents, who are to give securities. 963. But does not this act supenede all other regulations in respect to the sale of Crown lauds? — Not oliogether ; it was not the intention of the parliament that this should be the case ; certain commissioners bad been, I believe, appointed by the House of Asaembly of New Brunswick to negotiate with Her Majesty's ministers on the subject of the casual and territorial revenue of that province ; a draft of a bill was made in London, with the concurrence of the Home Oovernmeni, by which all disposition of Crown lands, otherwise than by sale by auction, was declared to be void ; this Act was tent out to the Lieutenant- governor of the province, with directions that the subject should be submitted to the colonial legislature, and that they should be invited to legislate upon it with a view to th^ relinquishment of the Crown revenue to the disposal of the provincial parliament. Tlie House of Asaembly did not desire to abrogate all rights to land and pledges of the Govern- ment in the sweeping way proposed by that act; they passed the present modified bill, atill leaving the claimants upon the Government the enjoyments of their rights, and to the Governor in Council the discretion given in the act, at the same time introducing such pop'ilar changes in the former system as they thought fit. 964. But lAis Act continues the system of sale by uuction ; are there any particular advan- tages connected with this system to overbalance the delay and uncertainty which appears to attend iti — The circumstances of the diflerent parts of the province as locally affected by settlement and the consequent value of land, makes it difficult to give a general answer to this question. When lands are in the immediate neighbourhood o( or surrounded by set- tlement, much discontent and many charges of favouritism are avoided by public compe- tition. But this advantage, speaking of it as a general system, is far more than counter- balanced by the delay which takes place in the acquisition of lands by persons desirous of purchasing it, and by the impossibility of selecting in anticipation tne lands on which individuals desire to settle. In my opinion, were it thought expedient that the lot»l Government should be so far trusted, certain lands ought to be open ibr public competition; and in cases where large quantities of land were for sale, and no competition is likely, a certain price should be hxed, at which any persons should be able to acquire land 011 application. It is impossible to advertise all the vacant lands in the province tor sale at one auction ; and in any selection that can be made, lands upon which individuals may have fixed their attention are often unavoidably omitted, so that a freedom of choice to settlers ia prevented, without any advantage to tiie Government ; and 1 know of no instances in which, in the sale of large tracts of land, a greater sum than the upset price has been obtained, however low that upset price may have been. The bidders at these sales generally consider it a duty they owe to each other not to bid u|> these lands when there is so much choice ; so that, in fact, the system of sale by auction is a cumbrous dead letter, from which the public receive no advantage, while the settlers are seriously delayed in their locations. The ex- penses of a man's tamily, even for one month, will amount to half, and in many cases to the whole of the purchase-money of a Government lot, and he may remain for several months before the lot he has selected can by possibility be put up, if the publicity required in any sale by auction is to b«; given. In my opinion it should be left to the local Government to decide what lands should be open to competition, and that this competition ought to be allowed in all cases where it was really probable it would occur, and it should also be left to the same authority to say what were the cases io which sales should take place at a fixed price, and that this should be the case where real competition was not probable. As respects the clergy reserves, which are generally valuable from lying scattered through the settlements, a good deal of competition is likely to take place at a public auctiim, and this probably would have been the case equally with the Crown reserves, had the same not been ■old to the Canada Company. 965. Would not this, however, cause the evils of delay and uncertainly which you have described as resulting from the system of auction in respect of these lands, which it is most desirable to settle at once i — It will no doubt in some degree ; but there is no other means of avoiding charges of favouritism which may be mode, and which nothing but an actual trust in the integrity of the officers of Government, not liable to be shaken by the mitre- presentations of interested or disappointed individuals, would enable those officers to with- stand. The evil, however, is not of so great an extt-nt, as these lands are so valuable as to be worth waiting for for a certain time ; and, on the other hand, they may be of such very great value to persons in the neighbourhood that it wjauld be unjust to inem not to albw titem the opportunity of competing in the purchase. It might also be obviated by a rule of setting these lands up to sale in the first instance by auction, and if not then sold, afterwards selling them at the upset price. 966. Your objections to the system of selling at n fixed price teem, however, rather to apply to the opinion which might be formed of the otlicert of Government than to any evils to be produced by such a system to the public? — With the best intentions an error may be committtd in the valuation of a lot of land, and it would not fail to be set down to cor- rupt motives ; but, generally speaking, a fixed price would work well for the public interest. I do not mean by this an uniform ued value on all the lands in a province, district or 3.— III. Q2 townthip; Bvidanoa Hon.It.B.SMfl{iiM. ufl S-'. -i-4li no APPENDIX TO REPORT ON THE AFFAIRS OF E^MtM*. towDihip ; bcnuie, in MBe cuet( individnal lots iboald be ralaed accordinc to khote oir- —— camttUGCt which live value to lands, and which vary aloMMt infinitely, anif it ahonld be Hon. left to the loeal autnoritie*. . B. Smllmm. p6j^. Bat wonld not thU etnccially expote them to ihe cbarce of favouritism .*— PoMibly it woald; bat I aon tappoting tnat confidence thould be placedin the Oovemment. q68. Yon have read the evidence given by Mr. Thomhill ; do you agree with him at to the eflect which he hat deacribed at being produced by the practice of Mmnff land, and allowing the purchate-money to be paid by inaulmenu 7— Where the object of the tale of hmdt ii ro- venue. and the lands are valuable from being aurroundad with settlements, tbe system of selling by instalments appears to me to be a very good one, because an induitrioas man can pay for his land oat of their proceeds, and at the same time increase the value of his lot incalculably : or he can at any time sell his land at iu improved value, and thus pay the principal and the large interest of six per cent, without any great inconvenience to himself; and from the lands Ming scattered, there is no probability of the combination of the pur- chasers against the claims of Government, which always lakes place where lands are dis- posed of to a whole community, on credit, and when, because the whole community are debtors, they nnanimously resolve not to pay. But as respect sales in remote places and new settlements, the effort to raiae from tne land itself the means of paying the purchase- money is generally unsuoceMful. The improvement in the value ot land is very much more than the original value as wild land, but in this improvement the exertions of the settler are general^ expended, so that a man may be very industrious and successful, and become the possessor of a valuable properly, and at the same time be quite unable to pay the purchase-money of the land by the sale of I'le produce he may raise upon it. In this case, if he owes a debt to the Government, it is almost hopeless to attempt to pay il, and he becomes a diKoniented person ; he can neither be expected, within any reasonable time, to pay his instalments, nor to remain coniented without a title to his land and improvement. 969. A considerable part of the purchase-money of Government land is still in arrear, is it not? — It is. 970. Have any attempts been ever made to obtain the payment of these arrears ? — No, there have not ; and in some cases I am afraid (hat it will be ne::etsary to give them up ; you cannot attempt to eject a whole community. 971. You are aware of the practice which has been pursued of selling apart one-seventh of the waste lands of the province for the support of a Protestant clergy ; has it occurred to yon that the portion thus set apart is larger than that directed to be made for this purpose by the Constitutional Act ? — 1 he Constitutional Act directs that a portion equal to one- seventh of the granted lands should be set apart and specified in the patent granting such land; this would actually not amount to one-seventh of the whole lands of the province; a proportion of one-eighth, I think, would be the legal reservation. 97!i. What has been the actual practice in specifying the reserve in the patents f — ^The reservation in each patent has never amounted to mure than one-seventh of the quantity of lands granted by the same patent. 973. And would you not consider that, under the Constitutional Act, the portion thus spe- cified is all that can be proper ly considered as clergy reserves? — Land is not legally a clergy reserve until it is legally specified in the patent ; it has merely been designated as tlius for the convenience of having it at hand where descriptions for patents were to be made out. 974. The practice, however, has been, has it not, both with the surveyor-general and with the agent for the sale of clergy reserves, to treat all this appropriated land as clergy reserves i — i niid that the practice has been to treat the unspecified as well as the specified as clergy reserve. 975. But the Constitutional Act gives no authority for treating as clergy reserves any land that is not specified ? — Certainly not ; but I think no inconvenience can result from it, as it is a matter which depends upon calcniation, and can be settled at any time. 976. Has any inconvenience been found In result from making these reserves? — The making the Crown and clergy reserves has caused the lands, in many instances, to remain vacant, and has added eventually to tbe greatest evil under which this country has been labouring, . that is, the intervention of unsettled lots in the midst of settlement, and the consequent scattering of the population, and increase in the difficulty of providing the means of com- munication through the country. 977. There hos been nn Act authorizingthesaleof the clergy reserves; has that put an end to the evils resulting from this cause ? — ^The clergy reserves are very much sought after at present, because of their being interspersed amongst, the settlements, and ihe sale of them, so far as it has gone, has tended to remove the evils I have described ; but, as agent, lam restricted to the sale of one-fourth of the clergy reserves, which one-fourth is now nearly exhausted. 978. So that Ihe Act in question will afford a very incomplete cure for tlieeviis thus occa- sioned ? — Very incomplete, indeed. 970. in this manner, therefore, the reservation of this portion of the land for the support of the clergy, appears to have been productive of injury to the country, by obstructing iu pro- gress in wealth, aud wasting the resources of its inhabitants. Has the manner in which the proceeds of these reserves have been appropriated to the support of one church only, pro- duced any and what feelings adverse to the harmony and tranquillity oi the province ? — It has produced a great deal of ilisrussion and agitation of late years, both in the legislature and upon popular feelings; one party have been satisfied with it, and another against il, and both BRITISH KORTH AMERICA. >M to I am nearly port of iu pro- ich the !e t— It iilature it, and both both Mtlet have maiataiMd their caoie vrith the violence and heat which alwajs attend dib cuMiont into which religioua differcnoct are introduced. 960. Crown reaervet are, I believe, no longer marie ? — They are not any longer made in eflect, and thoM which have been made, and which have not been diipoied of to the Canada Company, have been diapoied of, or are open to diipotal in the aame way, a* other parta of the C;rown dumain. 981. Have the evilt which you have deacribed ai retuitiiiir in former time* from the Crown, at well at from the clergy, reter vet, been put an end to by tne tale to the Canada Com- pany to which you have refernd ?— So far at the Canada Company have told their reierve*, thit hat been done. 98a. Are you awure to what extent ihete tnlet have been made i — No ; I am not. 983. What effect hat been produced upon rlie letilemeiit of the province by the tale to the Canada Company of theac retervet ? — The effect promised by tlic ina'.itution of the Canada Companji wai the nromotion of emigration and the improvement of the territory ceded to the company ; they maainK it 6t for tettlemeoi, and thus developing the tetourcet of the province. The improvement of tne territory hat not however been promoted in the cate of the retervea, became they are tcattcred at the clergy retervei ore throughout the tettlement* ; to that the company could not be expected, and did not make rouds or other commtinicationa to them ; the tale hat conteouently been lolely on; of specuUition. the company piircliBiiag at a very low rate, and telling at a very g/eat advance. I think that if the lands were to be ditpoted of by Government at a low price, the encouragement ta emigrotion would have been greater had they 'jeen to ditpoted of to individual tettlert; and if revenue «vat the object of Bale, the pricei which have been obtained for clergy retervet will thow that thit object would have been obtained with a quadruple effect by n tale to individuals at what the land would fetch. I think the tale of the Crown retervet to the Canada Company hat had a mitchievout effect upon the granti to officers who were encouraged to emigrate in the hope of receiving, at the handt of Government, u place upon which they and their familiet could reside. The intentiont of Government have in fact been renderecf, in a great measure, abortive. Had the tale to the company not taken place, thete tettlert could nave been permitted to take locatioiit in the midtt of lettlement, and in the neighbourhood of tchooli and placet of worthip, and they, contequvntly, would have retided upun their grants, where their retidence would have liad a great beneAcial effect upon the province. Since the allowance to officert has been changed from gruntt of a certain number of acres of land, without reference to tituaiion or value, to an allowance of a certain amount of value in land, the taving of land to the Government would have been very great, inotmuch, at instead of receiving 1 ,200 ocret in the back woods, at 5*. iier ocre, for 300/., he would have been glad to receive, in many catet, 300 acret of these Crown retervet, at 1 /. per acre ; in the latter case he would have retided upon hit grunt, and improved the country, and increased iti resources, while in the present case he is not able to reside, and it remaint a wildernett, in the way of any efibri of the Government to improve the neighbouring country. In many catet when officert have attempted settlement in the back country on these large grants, they have been impoverished and discouraged, and their families placed beyond society, and without any means of education. 984. Wat not an attempt made to found a tettlement of officers thus entitled to grants or remittion in the neighbourhood of Lake Siuicoel — Yes, and in other parts of the province. 985. What hat been the result of these attempts ? — In many instances very unfortunate up to thit time ; the tettlers have undergone innumerable privations, from which, however, a belter state of things and increated emigration may relieve them. 98€. Have not many of these individualt been compelled to abandon their locations i — Those who had the meant of purchasing land in the lettlements, and who hod not e.vhausted their means in the attempt to settle iu tlie back country, have, in u great many instances, purchased land near the frontier. Those whose means were exhausted by their attempts to improve their grautt ttill continue to struggle against the difficulties of their situation. 987. You have stated that increased emigration might relieve individualt thus circum- stanced from the difficulties of their present |>osition; what means are there at the ditposal of Government to encourage or promote such emigration ot the present time ? — The question of the appropriation of the hereditary revenue of the Crown hat caused the cessation of all outlay for thit purpose, an'*, left the Government without funds at its disposal, either to encouraee emigration or to make the country fit for settlement on the arrival of emi- grants. When settlement was confined to the frontier along the banks of navigable rivers, or on the shores of the lakes, the intervention of Government to form or to maintain the neans of communication was not necessary. But now that settlers have to go into the back country, it is in the highest degree necessary that this should be done. 988. But asoneof the chief inducements to emigrate is the hope ofobtaining land, and as there does not appear to be more than about 1,000,000 acres, and that chiefly of inferior land, ut the diaposol of Guvernment, the Crown is deprived of the principal means of en- couraging emigration ?— In addition to the 1,000,000 of acres in the surveyed districts, there are about 3,000,000 acres of very superior land well situated for settlement, the In- dian possession of which has been recently relinquished to the Government. 989. But even witli this acquisition the quantity of land at the disposal of the Government M not equal to half the waste land in the province, the pro|)erty o ' >rivaie individuals?-- In addition to this, however, there is, I believe, a very large tract of land in the province which has been located since the early settlement of the province, but which has not been 3.— III. Q 3 patented, EvUtnoe. Hoo.R.BJitiUivm. tl i ^" tl« APPENDIX TO RBPORT ON THE AFFAIRS OF f' I EvidcDct. putenied, and which ehhir never hu been leltled, or ihe tetllement of which hni been — abandoned, and which has consequently devolved lo the Crown. At retpcctt the landt in H«n.Jt>B.5«Uierbapt quite a* low a* the Ooverninenl would be diipoied to tell iin lands ; to that the inducement to emigration may be more euiily ascertained by a comparison of the actual population of the province with its sujierficial extent, considering the province as generally fertile as far north as the latitude of Quebec, than by any comparison with the actual surveyed townships or the lots of land still in the hands ot Government. pgo. Have the casual and territorial revenues, including the entire produce of the sales ot laiid been given up to ihcprovincial legislature^ — They have been offered to the provincial legislature on condition otits providing a permanent civil list. This condition bus not, however, been complied with ; the qutsiion still remains open. 991. If this offer nad been accepted, the Home Qovernment could have hod «t its disposal no means of improving the country ? — The Government would have had no means, inde- pendently of the legislature ; and the unpeopled part of the country not being represented in parliament, the probability is thiit the improvement of the back country would be almost neglected. It has always appeared to me that the legitimate means for tlM improve- ment of the Crown domain are the revenues produced by its disposal. I think they might be more advantageously employed in this manner than by any appropriation for general purposes. Antkony Bovdtn Hawke, Esq,, Chief Agent for Emigrants in Upper Canada. A.D. f/atiA*, Esq. 093. WHAT have beeuyouropportuniiiesof becoming acquainted with the circumstance* affectitig the employment and settlement of emiurunts in Upper Canada? — I have resided in the Canodas for nearly twenty-two years, and iiave held the situation of chief agent for emigrants since 1833. 1 have also been a magistrate during the last I9 years; I have consequently been brought a great deal in communication with the people of the country. Since rbave been chief agent we have opened and partially settled 113 townships. 093. What is the nature of your duties as emigrant agent i — To furnish emigranta with information as to routes, distances and rates of conveyance to different parts of the province; to point out the Crown lands offered for sale in the several districts ; to furnish free |>atsage and assistance to indigent and pauper emigrants, and to enable them to proceed to placea where they can obtain work, and where employment is scarce, to occupy them in opening roads, clearing lands, erecting shanties, Sec. 1 have also to correspond with and issue instruc- tions to the local agents who have charge of the different settlements, and to examine anil report upon their accounts. 004. What have been the number ofemigrants arriving in this province since the year 1829^ — The nuuibera that have arrived in Quebec have been, in the year I839, 15,945; in 1830, 38,000; in 1831, 50,354; in 1832, 51,746; in 1833, 21,752; in 1834,30,935; in 1835, 12,537 ; in 1836, 37,738 ; in 1837, 31,500; in 1838, 3,703 ; making a total of 363,089: of these 175,390, or two-thirds, came to Up|icr Canada. 995. What were in general the character and circumstances of these emigrants} — The iMnigrants may be divided into three classes: those who are possessed of capital; those who are in iitdigent circumstances, but have emigrated on tlieirown means; and the pauper emigrnnls, who are sent out by their parishes. In the years 1833, 1833 and 1834, a consi- derable portion of the emigrants consisted of the first class. Smce 1834 the number of emigrants possessed of capital has been very inconsiderable, and the emigrants have consisted almost entirely of the two latter classes. In 1834 the proportion uf pauper emigrants were one-eleventh, in 1835 one-eighth, in 1836 one-fifth, and in 1837 'hout two- sevenths. 996. For what proportion of the emigrants have you found employment? — It would be extremely difficult to answer this question; but probably it has never exceeded one-twentieth, and these have generally been those who h.-we arrived late in the fall after the harvest. 907. In what manner have the remainder found employment i — A small proportion have found employment in the public works, but the great majority have been engaged by the farmers and mechanics through the province. 998. What funds have you utyour disposal for forwarding and relieving emigrants, and for the employment of those emigrants who cannot obtain employment from private individuals in the province? — TheGoverninent is empowered by a despatch of the Secretary of State for the Colonies to expend oat of the casual and territorial revenue the sum of 5,000^. sterling per annum for these purposes. 999. What amount has actually been expended in each year under the authority of this despatch? — In 1831 the expenditure amounted to 5,720/. currency; in 1832 to 18,820/. During these two years the emigrant department was under the superintendence of the commissioner of Crown lands; in 1833 1 was appointed agent for emigrants, and the expenditure has since been as follows : In 1833, 3,686 /.; in 1834, 4,530/. ; in 1835, 4)743 '• > in 1836,3,730/.; in 1837,2,973/. 1000. In what manner was the large expenditure of 1832 produced i — In consequence of the appearance of Asiatic cholera, the people of the country were afraid to employ the emigrants, as they supposed the disease to be contagious, consequently the Government waa obliged to fina worlc for them at the public expense ; it was uUo needful to erect hospitals for the reception of the sick who were very numerous, and this formed a considerable item in the year's expenditure. 1001. Asagenerairule,however,Iundcrstandfromyouthaitheemigrantlabourerfindslittle ' difficulty DRITISn NORTH AMERICA. "3 difficHltv in procuring employment? — There iit generally trery lillle diflicully exci-pt with ihoee wtio arrive Uie in the fall; more difficultv mm experienced lait year in conicquenct of the derangement of the monetary lyiieni of the colony. looa. In what itate at to hcniih have the emigrant* generally been on their arrival in the province?— Emigriini* who enter the province Dy the way of the St. Lawrence, in conie< quence of being expoird in open boat*, are frequently imliipoaed on their arrival nt Pte«- cot, where however thfrc it an ho*piial provided for their reception; the proportion how- ever of ihote who are *o inditpoied i* uniall ; the expenaet of la*tyear at Procot, Kingitou, Hamilton and 1'oronlo for medicine, medical attendance and comfort* fur tick emigrant*, did not amount to mure than 350/. for an emigration of upwarda of 31,000 per*oa*, the majority of whom were in indigent circum*tuncea. 1003. Of tlie emigrai'tta who have arrived in the province during the lait loyeari.what pro- portion do you *uppoae have remained f — I ihouid *av nt leait three-fourth* ; of the remaining fourth a great proportion have probably lettled in the Stale*, andioine have returned home; the public work* which are con*tantly being carried on in the United State* oiler contJer- able inducement* to a certain data ol emigrant*. 1004. How long do the*e indiirent emigrant* to whomjrou have referred generally remain in the condition of labourer* i — With the inure prudent of them it generally happens that in the course of two or three year* they have money enough to pay the first instalment on a Government or Canada Company lot, or to purchase a small quantity of land of some private |ier*on; tbit I* the course generally pursued by those who are not settled in town* or empluyed on public worka. IU05. You say many of Uie*c emigrant* contrive to pay an in*talmcntona Government or Canada Comuciiy lot ; what proportion of the whule purchnse-moncy does tlii* inaiulment generally form I— Crown land*, and lands belonging I ■ - - til Evidence. A. B. HavAe, E*q. , to the Canada Company, are Buld upon ti>e following condition* ; via. one-fourth of t^e purclia*e-inoney i* required to be paid down, and the remainder with interest in three annual instalments; on clergy lands one- tenth is required to be paid duwn, and the remainder in nine annual instalments with interest. 1006. What prospect do you conceive that an emigrant labourer, who has purchased in this manner, ha* of paying the romaining instalments out of the produce of hi* farm ? — My attention ho* been moat particularly directed to the *ettletB who purchase of Government, and it ia my opinion that very f«w person* of tlii* cliis* succeed in paying the remaining in- ttalmentt; I might mention, as an instance of the effects produced by the method of taking wtyinent bv instalments, that in 1833 a number of settlers who had been sent out by the Fetworth Cummittee were located in Adelaide and Warwick, on 100 acres of land each, which was valued at 10 «. per acre, they were to pay the first instalment in three years with interest ; provisions and implements were furnished by the Government, for which acknow- ledgments were taken, in which they engaged to repay the amount before receiving the patent of their lands; there has not been a sini^le instance in wiiicli they have fulfilled their engage- ments from their labour, or the produces of their lands ; there have only been two instances in which any payment ha* been made; in these cases the individuals have sold their im provements to wealthier settlers. In the Bathurst district a number of indigent settlers were locateil upon free grants of lands, tu whom the Guvernment made advances of pro- visions and implements, taking acknowledgments for the aniuunt thus advanced ; the whole of this sum, amounting to nearly 30,000/. currency, has been abandoned by Government ; and not to dwell upon these perhaps exceptional instances, I believe that in fact a very large proportion of those who have purcliased land of Government have not paid their instalments as tney became due. 1007. Do you know if any means have been adopted to enforce the payment of such arrears ? — I believe not in a single instance. iou8. The individuals who purchase land in this manner, and have paid only the first instalment, hav? nut however obtained a satisfactory title 10 their land; — They have not; the deed never issues until the whole of the instuliiient* with the interest has been paid up. 1009. Are sales ofproperty ihu* circumstanced recoguizid by Government ? — Under an act of the last session of the provincial parliament a transfer of these rights has been autho- riied. 1010. These settlers, however, although hitherto permitted to remain upon their lands, ore •f course liable to be ejected at any moment by the Government, and can have no security from year to year " i this may not be done, in which case they would necessarily lose the beneht of their labv. r ? — ^They are ao. toil. What effect doe* this stale of uncertainty as to the ultimate enjoyment oftlie fruits of his labour produce upon a aettler ?— It naturally has, in many instances, a most dishearten- ing operation, especially in the case of the poorer settlers. As an individual of this class finds the instalments, with interest, accumulating on him, he is apt to despair of ever being able to pay for the land, and if induced, in ninny instances, to abandon his improvements, or sell them for a trifling consideration. Another great disadvantage which appears to me to retult from thi* plan of selling by instalments, is the creation of a class of national debtors. 1012. Then you imagine that the plan of selling land by instalments, and thus encouraging individuais prematurely to bec«)ine settlers, is neiiher beneficial tu the individual nor to the province ? — Yes, that is my opinion ; 1 think it has the eflect of converting a number of useful labourers into indisent and useless farmers, who from want of capital are unable to bring their lands into cultivation. 3.— III. Q 4 10)3. In 114 APPENDIX TO REPORT ON THE AFFAIRS OF i 1 Evidence. 1013. In addition to the difficulties under which these individoali labour, from want of — capital, are there no other difficulties arising from the manner in which the lands in the A. B. Havkt, Esq. province have been disposed of by the Government I — There are many other difficulties. 1014. Will you be so good as to describe the nature of these difficulties ?— The principal evils to which settlers in a new township are subject result from the scantiness of popu- lation. A lownfhip contains 60,000 acres of land, one-seventh is reserved for iheclergy, one- seventh for the Crown, consequently, five-sevenths remain for the disposal of Government, a large proportion of which is taken up by grants to U. E. loyalists, militia-men, officers and others ; the far greater part of these grants remain in an uniinproved state ; these blocks of wild land .place the actual settler in an almost hopeless condition ; he can hardly expect during his lii'e-timu to see his neighbourhood contain a population aufficienily dense to support mills, schools, post-offices, places of worship, markets or shops, and without these civilization retrogrades ; roads, under such circumstances, can neither be opened by the settlers, nor kept in proper repair, even if made by the Government. The inconvenience arising from want of roads is very great, and is best illustrated by an instance which came under my own observation in 1834. I met a settler fiom the township of Warwick, on the Caradoc plains, returning from the grist-mill at Westminster, with the flour and bran of 13 bushels of wheat ; he had a yoke of oxen and a horse attached to his waggon, and had been absent nine days, and did not expect to reach home until the following evening: light as his load was, he assured me that he had to unload, wholly or in part, several times, aiid after driving his waggon through the swamps, to pick out a road through the woods, where the swamps or gullies were forduble, and to carry the bags on his buck, and replace them in the waggon. Supposing the services of the man and his team to be worth two dollars per day, the expense of transport would be 3o dollars. As the freight of wlient from Toronto to Liverpool is rather less than i «. 6(f. per bushel, it follows that a person living in this city could j^et the same wheat ground on the banks of the Mersey, and the flour and bran returned to him, at a much less expense than he could transport it from the tear of Warwick to Westminster, and back, a distance less than 90 miles. Since 1834 a grist-mill has been built in Adelaide, the adjoining township, which is a great advantage to the Warwick settlers; but the people in many parts of the province still suffer great inconvenience from the same cause. 1015. The instance which you have just related is, I suppose, an illustration of an evil of every day occurrence, tlioueh not often to the sameextentf — Yes, the evil is universally com- plained of in all newly settled parts of the country. 1 oifi. Which comprises probably the greater part of the province P — I should imagine two- thirds of the surveyed townships are subject to this evil. 101 7. This is, however, an evil for which, under the circumstances which you have detailed ofthe chief part of the land having been placed beyond the disposal or control of the Crown, Government can at present afford no daequate remedy? — It lias been suggested that if the statute labour had been commuted for a money payment, a sufficient fund might be raised to put the leading roads in the province in a good state of repair. 1018. Would this be sufficient to provide an effectual remedy to the evil?— I should apprehend not ; in the new townships the population is not sufficientlj dense to keep them in good order. loig. And even if this were done oniy one class of the evils which you have described, namely, those resulting from a want ofthe means of communication, would be remedied, and the settlers would still be without the means of education for their children, us well as without post-offires, markets, &c. ? — I am of opinion that the improvement of the roads would induce many persouii to settle on niw lands, provided the private individuals to whuni the lands belong would sell them at n rea dition of settlement ; that is, of clearing a certain portion of land before the patent issued ; , and it was not until after performing these duties tnat I obtained my patent. 1030. Fitzroy harbour was at that time, was it not, considerably above any settlement on the Ottawa? — It was nearly 30 miles. 1031. What was your inducement for locating yourself at that distance from any settle- ment? — Tt was partly because I was enabled to obtain my lands in one block, and partly because on account of its position; and possessing water privilege, it appeared a desirable place for the formation of a settlement, which was one of the objects I contemplated in applying for so large a grant. 1032. Did the settlement of the township of Fitzroy proceed with rapidity? — No; its settlement was retarded by the greatest pare of the best land in the township being given away, by the land board at Brockville, to persons who were the holders of militia claims, and who ' were themselves settled in other parts of the country. But for this circumstance, the town- ship must have settled with rapidity, as the land in it is generally good, and its position on the Ottawa affords great facilities for sending produce to market. 1033. Were no precautions taken to prevent so large a portion of any township being taken up in this manner, by persons who made no attempt tu settle ? — As soun as I was aware nf the fact that the land in tliis township had been so tnlcen up, I applied to Major Hillier, secre- tary 10 the Governor, complaining of the injury that would be inflicted on the township by the manner of disposing of the land, and he assured me that positive instructions had been given that no mure than one-third of any township should be disposed of in this man- ner, and therefore that the land board must have exceeded thi-ir authority ; as, however, the gran's iiad been made, the mischief was beyond remedy. The establishment of the towiisliip wii3, liowevcr, lor mony yciirs almost stopt, and is still greatly retarded by this cir- stancc; and townships in the rear of this, with no better quality of land, and the settle mcnt of which was begun at a later period, are at the present time thickly settled, while hardly a fourth of Fitzroy can be considered os settled. 1034. But these absentee holders arc, I presume, ready to dispose of their land to pur- chasers upon reasonable terms? — This is the case sometimes; but generally, when they can afford to hold their lands, they arc reluctant to sell, under the impression that some improve- ments will be made in the navigation of the Ottawa, which would give a greatly increased value to the lands of this townsTiip, 1035. What effect has the stale of things which you have been describing upon the state of the roads in the township? — The small number of settlers in the township have been quite unable to make, I will not say good, but even passable roads during a considerable por- tion of the year. And owing, 1 presume, to the scansy population of this part of the coun- try, which prevents them from having any influence in the legislature, the grants for iho improvements of the roads have been very small, even in comparison with those in oihcr parts of the country, where a similar necessity did not exist to any thing like an equal extent; in consequence of this state of the roads, the settlers in Fitzroy, and the neigh- bouring townships, will frequently take their grain to mills a considerable distance, although there is a mill in the township to which ihey would more naturally come if they were able ; and the prosperity of the settlers is greatly retarded by the circumstance. 3 — III. » 1036. Is : I. -I -f-i^ % lt« APPENDIX TO REPORT ON THE AFFAIRS OF SndMte. C. Skimf, Emi. 1036. la the township of Fitzroy the only township bordering on the Ottawa in which sDch a slate of things nsyou have described exists ? — I do not know of any other township* whichwere granted in this way to oiilitia claimants ; but in all the toWhships between Bytown and Montreal, the lands fronting on the Ottawa have been shut op by old military grants, the proprietors of which are absentees, and the land still a wilderness ; in this way settle- ment has been forced up at least 60 miles to places where land still remains in the hands of OoTcrnment, and is open for location. 1037. I presume that the lands fronting on the river, being in this manner withheld fron settletnent, most virtually shut out from settlement a considerable tract of land in the rear t — Yes, such has actually been the case. 1038. What, in your opinion, would be the effect of such a tax upon wilderness land at wonid make it the interest of proprietors to improve it, or dispose of it to actual leiilers, and the whole produce of which should be specially applied to improving tiie communications and fkcilitating the settlement of the country? — ^The effect of such a tax would be, in my opinion, to cause a very rapid settlement of the lands upon the banks of the Ottawa, which would natnrally spread back upon land at present lucked up from settlement by these old unoccupied grams, and would tend very generally to develop the resources of the country; the population of Fitzroy, the greatest part of which is settled upon my grant, would have been probably threefold, had such a system been puisued. 1039. Have any injurious effects been produced in your township by the reserves for a Protestant cleigy i — I am not aware that there is any injurious effect, nince these reserves at first formed only a portion of the wilderness appropriated land, atid they hnve been practi> cally more open for settlement than lund which has been granted to private individuals. 1040. Then a portion at least of the clergy reserves in the township of Fitzruy have been disposed off — ^They have. 1041. The settlement of that township was begun 19 years ago ? — It was. 1042. What is the population of the township? — About 1,000. 1043. To what religious denomination does the population chiefly belong ? — ^They are chiefly Presbyterians from Scotland and the north of Ireland. 1044. Have any part of the proceeds of the clergy reserves been applied in providing religious instruction fur the inliabitants of the township ? — No, not in any way. 1045. Does this appropriation of so Inrgea portion of the lands of the township to a pur- pose from which the inhabitants have received no benefit, produce any feeling of discontent 7 — I am not aware that it does, further than the general reeling, that these reserves should not be reserved to the support of one church only. 1046. From ihe evidence given to this commission by Mr. Radenhurst, chief clerk in the surveyor-general's oflBce, it appears that there does not remain at the disposal of the Grown in the surveyed districts more than about 1,500,000 acres ; have you, from any circum> stances, been led to form any opinion as to the quantity of land available for settlement in the unsurveyed paru of the province i — In addition to a block of land situated to the north of the Canada Company's Huron Tract, and which must contain from S,ooo,ooo to 3,000,000 acres, then, is a large unsurveyed tract between Lake Nipissing and the ridge which runs in a north-east direction from Lake Simcoe, which would contain, probably, from 5,000,000 to 7,000,000 of acres of good land. I have been particularly lea to turn niy attention to the latter tract of land, in consequence of my having for several years been engaged in endeavouring to carry into effect a plan for making a navigable communi- cation between Lake Huron and the Ottawa, and improving the navigation of that river; were this effected, the latter tract of land would be opened for settlement, and would bo nearer to England than any part of Upper Canada to the west of Lake Ontario; in addition to rendering accessible for the purpose of purchase and settlement this large tract of valuable land, the plan to which I have referred would make Upper Canada the outlet fur the increasing trade of the fertile regions of the north-west portion of America, wliich it would at once brin^ 500 miles nearer the ocean, and would secure to Montreal and Quebec the larger portion o> the trade of that region. 1047. From the accounts wnicli you have received, do you imagine ihit the tract of land in question is, by the circumstances of soil and climitle, flited to maintain n large agricul- tural population i — From the report of my son, who travelled through this part of the country with a view to discover a navigable communication to Penetanguishene, by order of Colonel By, in 1827, and from traders who have travers'>d that region in almost every direction, and who concur in expressing tlie same opinion, I have no doubt that the soil is sufliciently fertile for all ugriculturiu purposes, and the climate and situation healthy. I have nodoubt that, to the westward of Lake Nipissing, even to L^ike Superior, the country is perl'ectlv fit fur settlement and agriculture; in fact, to the north of what has j'ei been considered the boundary line of Upper Canada, I have no doubt that an agricultural popu- lation of several millions might be most advantageously settled. William Warren Batdmn, Esq., M.o., formerly m. p.p. W. W. Raldxtin, 1048. HOW long have you resided in this country ? — Nearly 40 years ; I came into this Ksq. province in 1 799. 1049. DuftoK yoor long residence in the province you have had many opportanities of ob- servirg the various systems pursued in the disposal of the waste lands in the province f — I have no official knowledge on the subject, but from the occurrences of the limes, as they have presented themselves to my notice, I have had those opportunities. 1050. Did Vvy' BRITISH NORTH AMERICA. U7 . Did 1050. Did not the Goverament at one time offer to grant wliole townthipt to individuals «bo would underuiie the Mltlement of them i — Yet, they did. 1051. Will ^on deictibe the proceedings that took place in consequence of these offers, and the result which they produced as far as they came under your Icnowiedge 1 — ^The only townships I recollect as having been assigned in this manner were those of Markhsai, Whitby, Hope and Gramahe; the township of Markham was assigned to Mr. Berczy, on condition of bringing 60 heads of families and settling them on the township. The township containM, I believe, about 60,000 acres. Mr. Berczy brought in his settlers, as he informed me, but after having done so, the provincial Government considered that this township system was an unwise method of granting land, and determined not only to refrain from making any more grants for the future, but also to rescind the orders in council in favour 1 the towiuhip nommees. I believe all these nominees, with the exception of Idr. Berc. (who refused i% as inadequate to his losses), accepted the compromise offered by the Goverenmcnt, which was, as I understand. i,aoo acres for themselves, and the same to the several members of their families. Mr. Berczy has informed me, that in tlie forma- tion of the settlement he had expended $60,000, the whole of which was necessarily a total loos. Some other individuals made great exertious to settle the townships assigned to them, and the result of this townsnip system was to forward tlie settlement of the countiy. 1052. When this township system was abandoned, what system was substituted in its place r— I believe tite power of granting land was vested in the Governor and Council, and that they gave lands to almost every body who applied for iliem, without any condition beyond that of paying fees, merely upon a verbal statement that the applicant was going to live in the country. 1053. This statement, I presume, was only required from emigrants? — It was. From those who resided in the country no conditions whntever were required. 1054. The greater part of these erauu were made, were they not, to persons who did not Kttle on their lands? — I cannot give any accurate answer to this question, but I presume it was so. 1055. When an emigrant arrived in this country did he find any difficulty in the selection of his land ? — I have frequently heard that individuals did find great difficulty in the selection of their locations, and I can say for myself, that in the location of the 1,200 acres, granted mc by an order in council, I was compelled to wait for many years for the completion of my location, in the hopes of making a favourable selection, and 1 have found that other persons have obtained locations in townships, where I had been given to understand, in the surveyor- general's office, that there were no locations to be had. And, if I, as a resident in the country experienced these obstacles, I can imagine they were felt in a far greater degree by strangers on their arival. It was generally stated, and believed through the province, though I do not know with what degree of authority, that it was the practice in the surveyor- general's oAice to put a fictitious name on favourable lots, in order that they might be reserved for some persons whom the persons doing this desired to benefit. ioj6. What has been the course of late years ? — 1 do not pretend to say ; I have not htd any thing to do with the office for many years. 1057. ^ere there any difficulties in the way of obtaining patents for these grants of land, or any unnecessary delay experienced in passing them through the difiierent offices? — I do not know that there was any more constant subject of complaint on the part of indivi- duals against the Government than the delays of office, especially in connexion with the land grunting. It fiequently happened to myself, and 1 believe to others also, that during the time when free grants of lands of small amount were made to actual settlers, persons who had spent their money in waiting for completion of the grant hnve applied to me for em- ployment while the patent was being perfected, and I have furnished it for a short period. 1058. Do you know of any striking instance in which any individual was injured by the delay to which he was exposed in this respect ? — ^The most striking instance that occurs in mv knowledge was ihat of a man of the name of Burnes, who, in Sir Peregrine Mnitland s time, having fs fn in debt to some persons whom he had employed, was pressed by them for the money. At this time a patent was in progress through the offices for him. He applied to his creditors to give him time till his patent was completed, which would enable hun to raise money to pay them. The creditors were willing, and waited for some time, luit at last became impatient and they arrested him, and he was compelled to go to prison. The patent had passed through the offices, but he was compelled to remain in prison a fcHinieht while tlie patent was sent over to the Governor for his signature, at his residence, near the Falls of Miagara; when the patent was obtained he at once obtained his release. I do not mean to represent this as a matter of ordinary occurrence, but as an illus- tration of the difficulties and delays of obtaining a patent under the most pressing cir- cumstances. 1059. Has it never happened that individuals applying for land have left the colony in dis. gust at the difficulties thus thrown in their way i — 1 cannot give any instance of it, and there- tore cannot say that such was the case, hut 1 believe that many instunces of the sort have ocourred. 1060. What effect do yon imagine has been produced upon the progress of settlement in tka countty by the profuse manner in which land has been granted f—l'he progress of the country has not been as prosperous as it ought to have been ; the grants of land to actual ■•ttlers would havo filled up the country, but these settlers were checked by the interposi- tion of Crown and clergy reserves, and of iarae tracts of Rrauietl but unoci';upied land. 3—111. R2 1061. The Evidanea. W.HrBabkm, Esq. S r m m ; 1 \^^ 118 APPENDIX TO RBPORT ON THE AFFAIRS OF EvMtBM. 1061. The Crown merv<>« have been told to the Caaada Gompaoy ; do you know if the — — evil* that were formerly experienced from them have been in any way diminiihed in oonw- ff. W. BMam, qnence of the meant adopted by that company ^— Of late yean I have heard no complaint £tq- of Crown reserres, and therefore would preaume that, being blende'! with the Canada Company property, they are included in whaieTer public lentiment i* expretted in refers ence to tne proceedings of that comp«ny. 106s. The clergy retenret itill remain ; what effect have they produced upon the prosperity of the country? — A very injuriout effect indeed; they have not only retarded, in the way f have described, the settlement of the country, but they form an enduring subject of complaint, not only with regard to the agricultural interests of the country, but abo to its political relations. So far as 1 have had an opportunity of observing, no cause was more influential in produ- ing the discontents which ended in the late rebellion than the existence of these re- serves, and this was aggravated by the establishment of the rectories. There will be no public tranquillity nor any confidence in the British Government so long as these rectories are upheld and the reserves appropriated to the support of one church only. I do not believe that any appropriation of these reserves which did not include every' class of the community would restore peace to the country ; the apparent general wish of the commu* nity at large is that ihey should be devoted to purposes of education. 1063. You have referred iiiyour answer to a previous question to the feeling entertained with regard to the Canada Company; what is tlie nature of the feeling? — It was felt in the first instance to be a violation of the rights of the provincial legislature that the Imperial Parlia- ment should have vested so large a portion ot the public lands in the hands of n company over which neither the provincial legislature nor the provincial courts have any power. I believe the inconveniencies which have been felt from the latter cause have been removed by an Act under the authority of which the company can be sued in the provincial courts. 1064. Have there been anycomplaints that the power given to tbeCanadaLandCompany, by intrusting them with the superintendence of the settlement of 3,500,000 acres of land has been exercised in a manner injurious to the colony i — I do not Itnow if such complaints have been made ; but 1 am myself of opinion, and I believe that it is an opinion which prevails extensively, that a company which has obtained so large a tract of country, from the sale of which it is to derive profat, but in the improvement of which, as I understand, it has expended no money of its own, cannot be otherwise than injurious to the country, by taking from it large sums of money for which it has given no consideration. Oeorge Slrange BouUom, Esq., m. r. p. G .S.BmitM, E^. 1065. WHAT have been yooropportunitiesofobserving the effects of the plan pursued by Government in the disposal of the waste lands the property of the Crown ? — I have resided in the province 30 years; I have had a great deal to do with the lands of the province, and am a large landholder myself. 1066. What, in your oninion, has been the operation of the system pursued by the Chivemment in thedisposnl of wild lands?— I think that without any doubt it has retarded very materially the settlement of the country. The plan of granting large tracts to gentlemen who have neither the muscular strength to go into he wilderness to cultivate it, nor perhaps the pecuniary means to improve their grant, has been the means of a large part of the country remaining in a state of wilderness. I think the system of granting land to the children of U. B. loyalists has not been productive of the benefits expected from it; a very small proportion of the land granted to them has been occupied or improved from the fol- lowing reasons, viz. a great proportion of such grants were to unmarried females, who very readily disposed of them for a small consideration, frequently from 3 /. to 5 /. fur a grant of 3oO acres. The grants made to young men were also freouently sold for a very small consider- ation; they genernlly hnd luirents with whom they lived, and were ilierefore not disposed to move to their grants of land, but preferred remaining with their families. I do not think one- tenth of the lands granted to the sons and daughters of U. E. loyalists has been occupied by the persons to whom they were granted, and in a great proportion of cases not occupied at all. Many persons have purchased very largely of these grants. I know of two instances in particular, where the purchase has amounted to ao,ooo acres. Grants to officers and soldiers, although intended as a benefit to the parties, have, in maay instances, proved injurious to the country, as well as to the parties themselves. Very large grants have been made, sometimes to officers, who had neitner the inclination nor the means to settle upon their grant or improve it, and it has either remained n wilderness in the hands of the original gnnter for a great number of years, or has been sold for a trifle and still remains a wilderness. The officers of the navy have, in most instances, proved valuable settlers, being belter adapted to the improvement of land than officers of the army. The srants to officers have invariably been by orders from home. By the late alteration in the law they have had the alternative of purchasing land from the Crown, on which they are entitled to a remiwion of purchase-money according to their rank, or they may transfer their claim to the amount of remiision-money to some one else who may purchase land from the Crown to the amount ; in cases where iney do nut intend to settle upon the land, the latter has been a beneficial alteration boih to themselves and the country, as the Government saves so much whicii would otherwise have pusied out of their control, and would probably have remained altogether unini,.roved. The grants to privates have been particularly disad- vantageous 10 this colony ; a great proportion of these were pensioners and infirm, and altogether BRITISH IfORTH AMERICA. 119 altogether nnraited to settle apon wild landi ; they received in England fonr yean' pension, and a ^rant of 100 acres on their arriviJ in this conniry ; f he greatest part of the moncY was spent in roming, and the land was in most instances of no nse to them, as they were inca- pable of tilling it. Grants of land have also been made to clergymen, lawyers, surveyors and other gentlemen who had no intention of becominc settlers on it. In many instances, also, large tracts have been granted to individuals who have contracted for surveys of townships as a remuneration for surveying, which in most instances Imve remained a wilderness. 1067. By all these methods, I sa|>pose it has happenied that a very large proportion of the lands of the province are now in the hands of individuals who have made no improve- ment on them ? — ^Tnat is the case. io69. What efiirct do you suppose is produced upon the prosperity of the province by this state of things ? — I think I statea before, that the settlement of the province has been very much retarded, and I also think we shall not have good roads or settlements in the province unless some measure i* devised by which the proprietors of unoccupied lands should con- tribute more in the way of assessment upon their lands to the revenue of the country. I think the present assessment is a greiit deal too low, and might, with great justice to the landholders, be increased. io6g. Yen contemplate,! suppose, that the produce of such increased tax should be spe- cifically applied to the improvement of the country, by opening roads and increasing the means of communication r — I do ; I think also, in connexion with such a measure, that it is very desirable to have a commutation of statute labour upon roads, which, with the other funds just mentioned, would afford ample means for making good roads. It is dis- oburaging to British emigrants coming to the country, and visiting their friends in the interior of it, to find the roads so exceedingly bad, and even dangerous ; and this alone sometimes deters them from settling in the country. 1070. And I suppose it would be in a high degree unwise in such emigrants to settle in some parts of the interior, on account of the impossibility, under the present system, of having good roads ? — I think so. 1071 . In addition to the land which has been granted to private individuals, and which re- mains in a state of wildness, there have been large appropriations for public purposesjsuch as the support of the Protestant clergy,and the endowment of the university and schools ; have you any idea whether any and what proportion of the land thus appropriated has been improved ? — I think nearly all the clergy reserves in the settled parts of the country have been taken up and improved. 1073. Tliese, however, have been sold, have they not, under the Act authorizing the sale of a portion of the clergy reserves ? — A large proportion of them have ; some are now under lease. A large proportion of the lands granted for the universities have also been sold, and are now in tiie course of imrirovement. The terms adopted, both for the sale of the clergy reserves and university lands, seem favourable to intending settlers; many of them have been purchased by emigrants from the mother country. I do not consider that the clergy lands or university lands have impeded tlie settlement of the country, inasmuch as they have been open to be purchased or leased when sought after, and have afforded to the British emigrants frequently an opportunity of procuring a lot of land in a settled part of the couutry, near their friends, when otherwise they might have been discouraged by the prospect of going into the wilderness, and abandoned the country. 1073. But in order that this result should beproduced, the lot in question must have been f>reviously reserved from settlement ? — Though reserved, it was frequently occupied under ease ; and persons holding land under lease generally disposed of their interest in it upon more advantageous terms than land could be obtained from other individuals. Land generally reserved for the clergy and university could be obtained with more facility than land cranted by the Crown to private individuals, not under cultivation. Laud can be obtained from the university with greater facility than either from the Crown or private individuals. 1074. What effect do you suppose has l>een produced upon the settlement and prosperity of the country by the disputes as to the appropriation of the produce of these clergy reserves, which have arisen between the different rehgious sects in the country? — One effect has been, great injury 10 the Church of Ensland; I do not think that emigrants coining out from the mother country know any thing of the subject before their arrival in the couutry, or are influenced in any way in determining to settle in the country by this question. I think a great deal of the ill-feeling has arisen from bad management ; in many instances, the rents of these reserves have been lost ; there has been no efficient management ; no one of late years seems to have had the control of them. 1075. Has not the system of free grants of land, the effects of which you have described, been abandoned, and a system of sale substituted in its place? — Land is no longer granted to private individuals having no particular claim, such as that of officers and U. £. loyalists. 1076. Then all those who have such particular claim can obtain lands upon the same terms as formerly 1 — ^Tliey can subsiaotially, though there has been an alteration in this respect, viz., officers are now entitled to a remission of purchase-money in proportion to their rank, instead of a grant of land ; and the children of U. £. loyalists, instead of taking their grants of land, may transfer their right to another person, and such person purchasing laud of the Crown is entitled to a credit of 40/. for every claim. 1077. But, with these exceptions, no land can be obtained without purchase.?— No, i I cannot. 3. — III. R 3 1078. Are Evidence. G. S.£oWrM,Esq. '11 ">! 130 APPENDIX Ta REPORT ON THE AFFAIRS OF Bvidiatek 1078. Aie tbe prewnt regalationt for the tale of Crown Imdi, io yosr opinion, ealcnlated — — to advance the tetdemenl of tbe country ? — I think that the prceent resulatioM are an im- 0.5.BMiAea,E«q. provcment on tbe old syatem. I have fcrmcrly heard numerout complainti of tbe delay in Qbtaining land from the Crown : there was a great deal of cxpenae and difficulty in aacertain- ing what land wai open to purchaae ; purcbaaen had to apply to varioua office*; if a cleigy reserve, ibey liad to apply to tbe turveyor-aenefal't office and the office of the corporation^ as well as of the commissioner of Crown lands ; and frequently, on being informed that a lot was vacant, and after inspecting it, they have discovered there was some insuperable diffi- culty to obtaining it, and had to look out for another lot, or purchase of an individual. Formerly at the sale of Crown lacd* only particular loU were set up, so that many lotu which might be vacant were not offered tor sale. There waa also formerly both delay and expense in obtaining a title to land i"'rchased of the Crown : it was generally necessary to employ an agent for the purpose. the present system, however, a schedule of all the vacant loU la to be transmitted to an agent, to be appointed in each district by the com- missioner of Crown lands ; and all such lots as are returned in tbe schedule will be open for sale in the district where the land lies; all vacant lands belonging to the Crown are now, without any reserve, open for sale in this manner, and immediately upon the payment of the whole of the purcbase-money the purchaser is entitled to have his patent forwarded to the agent of the distric free of expanse. Charles Ranken, Esq., Deputy Land Surveyor. Cknrlt* Ranken, 1 079. HOW long have you ; een practising land surveying in the province?— Since iSoo. Esq. 1080. During that period, you must have had many opportunities of observing the effect of the system of disposing of waste lands, the property o( the Crown ? — 1 have. 1081 . Will you describe the general results of tliat system so far as you have had an oppor> tunity of observing f — ^The system of making large grants to individuals who. had no inten- tion of settling them has tended to retard the prosperity of the colony by sepa#ating the actual settlers, and rendering it so much more difficult, and in some cases imposaible, for them to make the necessary roads. It has ulso made the markets more distant and more precarious. To such an extent have these dithculties been experienced as to occasion the abandonment of settlements which bad been formed. I mey mention, as an instance of this, the township of Rama, where, after a trial of three years, the settler* were compelled to abandon their nnprovemenls. It should be noticed that the settlers in this instance were not of a class fitted to encounter the privations of the wilderness, being half-pay officer*. In tbe township of St. Vincent almost all the most valuable settlers have left their farms from tbe same cause, the townships of Nottawasaga and Collingwood, the whole of the land in which had been granted, and which are almost entirely unsettled (Collingwood, I believe, has only one settler), intervening between them and the settled township, and rendering communication impossible. There have been numerous instances in which, though the setilemeot has not been altogether abandoned, tlie most valuable settlers, after unavailing struggles of several years with the difficulties which I have described, have left tbeir farms. 108a. You were at one time deputy-surveyor, employed in the western district? — Yes, I was, for 10 vears. 1083. What, in your opinion, is the proportion of land in that district granted by the Crown now occupied by actual settlers?— I should imagine one-tenth. 1084. Then the remaining nine-tenths are still in a state of wilderness ?— Yes, necessarily. 10S5. Of course, the roads through this <^iittrict must necessarily be very inadequate to ttie wants of the people? — Yes, exceedingly so; the resources of the settlers are altogether inadequate to the making of roads, and tliere is no public prevision for making them. 1086. Do you know if in this district theCrownhasany large quantity of land yet remain- ing at its disposal? — I believe it has very little. 1087. Then the Crown has no means at present "f locating actual settlers in this district, and thus of removing the difficulties complained ..f by those who are now settled there? — No, it has not. It appears to me that the remedy is in the hands of the Legislature by imposing a tax on wild lands. 1088. But there is a tax upon wild lands, is there not? — Yes, but so trifling as to be quite iiisufficient for making roads, especially in the absence of statute labour; the tax upon settled land is higher than the tax upon wild land, and in addition to this, the settler bus to per- form statute labour upon the roads, from which the owner of wild land is altogether c. cmpt. io8p. Are the proprietors of this unsettled land residents in the province or abaentees? — They are generally residents in the province, and, to a great extent, members of the Assembly or Legislative Council, which, perhaps, affords a sufficient explanation of the cuiiMnuance of those evil*, without effectual means being adopted for their removal. 1090. Are the present holder* of this wild land the original grantees of the Crown ? — In very tew insiniices; thev are generally persons who have purchased the daims of U. E. loyalists and others, and now possess, in many instances, tracts of upwards of 10,000 acres; I believe in some instances 40,000 acres. 1091. But do not these individual* make any effort for the improvement and settlement of their properly?— I know of only one instance in which this has been done, and that to a limited extent; thev generally hold for aale, but at prices that, under the circumstancn, it is unfair to ex|)ect that a selller can pay. 109a. Do BRITISH NORTH AMERICA. i«t 109a. Do they tbcn ask higher prices than thoae at which land ia told by OoTernment ? — In ceneral they do not ; but an individual purchaiing ofOoTemment knowt the Oovemment land wiil be open to aettlcment on the saase termt a» those on which he has purchased ; while in the case of priTote individnnls, he has no security that it will be open for settlement at all, and he is assured that the price will be raised in proportion as settlement in- creases in the vicinity; in (act, his settling upon the land will induce the proprietor to pot a higher price upon the adjoining lota, and thus will retard the settlement of the tract. 1003. Are there no other obstacles to the settlement of the province than those arising from large tracts of wild lend held by iridividuals? — Yes; the plan of apportioning Grown . . .._ .... ^^^ the to individuals. Wiiliam Senjamin Robinson, Esq., m. p.p. YOU are I believe a native of this province ? — I am, and have always resided in it. Yon are acquainted with the township bordering on Lake Simcoe to the eastward? 1094. 1095. — I am. 1096. Can you state what is the population of these townships? — Not exactly, but they are very thinly settled. 1097. What is the state of these township as to their internal communication f — The roads are very bad, probably among the worst of the province, the soil being very rich and the land level. 1098. Does not this state of the roads tend very much to retard the progress of settlers ?— It certainly does more than any other cause. 1099. Do you know if much of the land in these townships remains in thehantis of Oovem- ment or of the clergy corporation ? — I think not, with the exception of clergy reserves. 1100. Then the land is for the most part owned by non-resident proprietors? — It it; but the non-residence of many of the proprietors is attributable to the badness of the roads, many of those who had settled there having been compelled by this cause to abandon their locations. 1 101 . What public funds are there available for the improvement of the roads ? — None now, except one-third of the wild land assessment tax in each township ; special erants of from 30/. to too/, sterling for each township have in former years been granted by the legislature for the improvement of the roads ; in addition to these there is tne statute labour required by law. These funds though inadequate have still effected considerable improvements. Since the land-tax has come into operation there has been a very perceptible improvement. 1 loa. Are the evils which you describe peculiar to these townships, or do they affect the province generally ? — ^They are generally felt throughout the province. 1103. Has any plan suggested itself to your mind by which any effectual remedy might be applied to these evils? — I have for many years given the improvement of roads great con- sideiation, and would suggest, 1st, that tlie whole of the wild land-tax should be appro- priated to the improvement of roads; ad, a general commutation of statute labour; and 3d, an uniform and improved system of spending the funds thus produced on the roads under the superintendence of competent persons. 1104. Do yon imagine the produce of tim present land-lax and the other resources men- tioned by yon would under any management be sufficient for the objects to which you would have them applied ? — 1 think they would, with occasional small grants from the Legislature for such works iis bridging extensive swamps. Sic; these remarks apply generally to the roads throughout the province, but leoding roads and thoroughfares can in my opinion be kept in proper repair only by a toll upon the traffic upon them. Henry Hyudman, Esq. of tut; township of Colborne, in the County of Huron, London District. 1 105. HOW long have vou resided in this country ? — I arrived in May 1S34, and im- mediately proceeded to Groderich, and from there to my present residence, which is within three miles of the town, and in the heart of the Canada Company's Huron Tract. ito6. Have you any purticulai 1 to communicate to this commission as to the manner in which the Canada Company have settled their lands, and the effects produced upon the prosperity of the settlers by their proceedings ? — I conceive that the management of the company is not of a description to induce settler* to come to their lands, and that it has materially retarded the pros|ierity of the country and its advance in population; their agents do not conceal their opinion that the old settles are not the object of the coinpanv's solicitude, but that their great business is to attract new ones, and they act upon this principle in what appears to me the most unjustifiable manner. Induced by the represen- tations contained in the piiblicationa issued by the company, and by the statement of the agents, I took ap land from the Canada Company in 1834, and purchased 800 acres of land in one block upon which I am now settled ; but I have found that the promises and in- ducements held out by their agents, their advertisements and their publications, are very fsr beyond the reality. The land that I purchased was to the north of the River Maitland, on tlie south bank of which is situate the town of Ooderich. On the plan which waa shown to mc by the company's agent, the original of which is deposited in the surveyor- generul's office, there was laid down a bridge across the Maitland and various lines of 8-m. »4 road ; Evidence. Ckarlu Rmdtn, Esq. jy.B ■ RohiiuoH, Esq. Henry Ui/mlman, Esq. I-? """•wr in] APPENDIX TO REPORT ON THE AFFAIRS OF EvidwM. E«|. \ road ; and it wu gmerally nndentood «bom the naidmtt in the neighbMrhood upon the faith if ihit plan, and aMcrttd by the omcen of ihe Canada Companj, ibat the bridn in qnnlion would b« bailt, or at least conmenoid, in the course of tnat (onimer. Fully impresMd in the belief that thit would be the caie, and that the line* of road as laid down on the map would be opened, 1 selected land upon the main line of road fron Goderich to the Uovernmeni land in the north, communicating with this bridge ; this was in 1834; the bridge is not yet finished, and was not actually commenced till this spring, and 1 do not believe there can be any means of communicating by it this vear. 1107. Is this bridge of importanre to persons settled on the north of the Maitland ? — We haTC no certainty of being able tocrots the river without it, except in winter, and then we crou the river on the ice, at the mouth of the harbour. The commissioners too, since the bridge has been commenced, have refused to open a road on the north side of the river, to unite the bridge with the road leading through the township. During a considerable part of the year we can neither take our produce to market nor obtain goods. I have known the river abso- lutely impassable, either on horseback or on foot, for three days together; in fact, it is scarcely possible to describe the inconvenience to which we have been nnd are expoaed to for want of this bridge. In addition to this neglect of the company to fulfil what was cer- tainly an implied if not an express contract, I have to complain of a positive infraction of a similar engagement. I have mentioned that I purchased land upon the main line of road from Ooderich to the north, and other settlers did the same ; when, however, contracts were given out for the lines of road through the township, they entirely deviated from the great lines as laid down on the map, along which, upon the faith of the map, settlers had established themselves ; and were to be curried through the least settled parts of the town-^ ship. When I represented this to Mr. Jones, the company's commissioner, he stated broadly that the land through which the great lines were laid down according to the map were alt taken up, and the company had no further interest in them, and it was their great object to attract new settlers. Mr. Jones made a similar statement in a letter on the subject of the bridge, when, giving a reason why the company did not make it at once, he mentioned that iliey had little interest in that township, having disposed of nearly all their land in it. A portion of the road offered to be contracted for passed where no road was laid down in the map ; the remainder passed aionK lines of road tnai had been laid down, but which were laid down as concession roads and aide lines. I applied to Mr. Jones to change the lino in such a manner that I might reap that advantage from it which I had contemplated in making my purchase, to which he at last agreed, but on condition that I executed two miles and a half of road at the price of two miles, for which I was to be paid in land. 1108. Are the company, then, in the habit of disposing of their lands in this way, and not for money ? — Yes, they frequently pay for similar works in land ; in some cases, contracts of this nature are taken by persons who have previously purchaied land of them, and upon which all the instalments have not been paid, and their laitour goes in payment of their instalment, the company almost always fixing the rate ; this has been thie case with myself: in such cases it is productive of no inconvenience ; but when the task is taken by mechanics and others living in the town, large quantities of land get into their hands by this means, and they do nothing to improve it. 1 109. This applies, I suppow, to the work performed at the expense of the company ?— Quite the contrary. 1110. Do I then understand you to say, that in those works which the company are entitled to pay out of the third cf their purchaiv-money tluty pay in land, and retain the money in their own hands i — Such is the case, at least, with the greater part of such works. In the contract which I have taken (which is to be paid for out of the purchase-money), the whole is to be paid in land, and this is part of a contract of upwards of 20 miles, all of which is, I believe, to be paid for in the same way. 1111. At what rate per acre is the land valued \ — It varies from two to three dollars. 1113. Is this land so to be taken wild land \ — Yes, it is. 1113. In the same stole in fact us when it was purchased from Government? — Yeii,tlieland is in the same state ; but it has the advantage ol a population and leading roads, the expense of making which roods is, however, charged to the Government. 1 1 14. What is the price per acre which they pay to Government i — About 3 1. pJ. 1115. So thai they require iheir contractors for this Government work to take land at 1 5 «. per acre for whicli iliey are paying 2 s. 9c/., or about one-sixth i — ^They do ; willi regard to manner in which the compuny have pcrfotmed their contract with Government, and thus procured tlie advantages to the colony which were held out as the inducement to grant them a charter, I may slate, that the objects referred to in the charter to vhich one-third of the purchase-iuoiiey was to be applied, were to make roads, build bridges, erect wharfs, piers, churches, schoolliouses, mills, &c. 8lc. Two good roads have been formed, lending from Wiliiiut nnd London to Goderich; no bridges have been built, excepting those in the line of the roads; neither wharfs ".or piers have been built (the harbour at Gotlerich is erected under a provincial act auriiorizing Uie levying of does). There are no churches ; they have contributed something towards the erection of a Presbyterian church at Goderich, and another place of worship at the distance of about 13 miles from that. They have also contributed, in a small degree, to the erection of a school in Goderich, and. anotlier in Siratford-upon-Avon. There are four mills in the Huron Tract, only one of which, that of Stratford-upon-Avon, is sufficient to supply its neighbourhood with flour. The BRITISH NORTH AMERICA. tas erect The Honourable and Venerable Joht Strackan, d.d. Archdeacon of York. 1 1 16. HOW long have you resided in ihia country ? — ^Thirty-nine yean. 1117. You are, I believe, n member of the corporation for the management of clergy Evidenet. J, Stmektn, s.B> The reiervci ?^1 am, but that cornoralion lias not met for the last four yean, and it never bad any power bat that of merely leasing clergy reserves, subject to the approbation of the Governor in Council. 1118. Of what do these clergy reserves consist i — ^They consist of a portion equal to one* aevenlh of the granted lands in the province, and they amount to about two and a quarter miUiona of acres. 1 1 19. A portion of these reserves has, I understand, been sold, under an Act of the Imperial Parliament; has this sale been conducted in any manner to affect injuriously the interests of the clergy i — I can hardly say it has been ; the commissioners, on the whole, have acted fairly. 1190. Have there not been very frequent complaints of the injurious tendency of these .reserves, as regards the prosperity nnd improvement iif the province, by interpoaing blocks of wild land among the settled parts, thus impeding the means of rommunication and of < transporting produce in the country? — Such complaints have frequently been made, bnl, I believe, unjuillv, as, from my inquiries a few years ago, on the occasion of the attempted ■ale to the Canada Land Company, I found a greater number of inhabitants, in proportion, on the clergv sevenths, than upon the granted lands of the Crown, as they offered facilities . to settlers wnich cannot otherwise be ol>tained. liai. Has the reserve of this portion of the lands of the province for the support of the -clergy of one denomination produced any, and, if any, what state of feeling adverse to the peace and tranquillity of the province ? — For the last 18 years a question has been raised by the ministers of the Kirk of Scotland claiming an equal right in tlie reserves with that of the Church of England ; this has excited a great deal of trouble, because all denominations , joined the Kirk of Scotland, in the hopes of obtaining a share, as they contend that, if the clergy rese> ves are not given to the Church of England exclusively, they have all an equal right. 1133. But am I to understand that, in your opinion, if these reserves rere given to the Churchof England exclusively, all denominations, with the exception of the Kirk of Scotland, would be satisfied, and the troubles which have been occasioned by the agitation of this question, put on end to? — Had the Imuerial Parliament, at an earlier period, given a firmer decision upon the subject, or had tlie true meaning of ihe Imperial Act been settled, by a judicial proceeding, little or no excitement would have been raised in the province by any denomination, not even excepting the Kirk nf Scotland ; bur, leaving the question unsettled, it has grnduall}* acquired greater and greater importance, and from the opinions respecting the intention of the Act, given by the Crown lawyers in 1819 and by a Com- mittee of the House of Commons in 1828, neither confirmed by any judicial proceedings, hopes have been raised among the members of the Kirk of Scotland, and among all deno- minations (not even excepting tlie Roman Catholics), that the provision set apart for the Protestant clergy by the Constitutional Act would be entirely broken down and distributed among all parlies. 1133. Wouldany disappointment tend to endanger the peace of the country? — Itdoes not appear to mc that a grave and constitutional proceeding upon the subject would create more excitement in the province, thun other disappointments where a great interest affecting a number of people is involved. It haa always been my opinion, since the question of the reserves was agitated, iliat it should be referred to the Imperial Government, in whose decision, I have always believed, and still believe, there would be a general jicquiescence. Rev. William Turnbull Lynch, a Minister of the Church of Scotland, Toronto. 1134. HOW long have you resided in this country ?— I cameout in 183s, and have been Rev. IF. T. Lynch. in this country since then, with the exception of six months spent in England. 1135. What have been your opportunities of ascertaining the state of feeling in the coun- try, and the causes which have aflecled its tranquillity and prosperity? — In addition to the general oj>portunities which occur during a six years' residence in the colony, I was engaged for 15 months as missionary, and during that time I travelled extensively through the province. 1126. What, in your opinion, has been the effect produced on the prosperity of the pro- yirice by the existence of the clergy reserves ? — 1 am not of opinion that they have acted injuriously with regard to the ciiTtivatioii of the country, or tliitt they have ariected injuri- ously the interests of the community, certainly not in the settled districts, though they luny have done so in the back settlements. 1137. What effect has been produced with regard to the peace and tranquillity of the country by the appropriation of the clergy reserves for the benefit of one religion only ? — I believe it has been one of the chief causes of dissension nnd dissatisfaction, and to nave tended materially to proiluce the lute unhappy disturbances; nor do I think tranquillity will be restored until the present dettmation nf those lands is changed. U28. What course would you, from your observation of the slate of feeling in this coun- try upon this subject, be disposed 10 suggest for the future disposal of these clergy rcierves f — I should recommend an eoual division among the leading Protestant sects. Episco- palians, Presbyterians of the Church of Scotland and the MetTiodists; ul the same time, '^ S'—in. 8 it . I •a in I , ■ U 'I ■ li ql »«4 APPENDIX TO REPORT ON THE AFFAIRS OF EvMenc*. R«v. W. T. l^nek. R«v. E. Bytrton. it may pcrhap* be tdv'iMble that the Roman Catholim abould not be omitted in the distri- bution, ihoukh their number* teem to me not %o considerable at to require aa equal por- tion. It would be alt<)j^ther contrary to my principlea.but I believe that an appropriation of the clergy reierret for educational purposes only, would give satialaction to the great mass of the people, though not to the most inSuential classes of this community. Rev. Egtrttm Rymon, Minister of the Wesleyan Methodist Church of Toronto. 11 99. H OW long have you resided in this province ? — 1 am a native of this provinoe, and have resided hen the greatest part of my life. 1130. You are a minister of one of the most numerous and influential dcnomiaatiosi of ChristiaBB in the province? — Probably the most numerous. 1131. You mutt have had many opportunitiea of knowins the general feeling, both reli- gious and political, of this provinoe, and the circumstances tnat have affected its prosperity and tranquillity t — From my long residence and extensive acquaintance with the inhabitants I have had such opportunities. 1 13a. What in your opinion has been the effect of clergy reserves, considered only as a meantofwilhholdina a large portion of the country from the acquisition of settlers, ana thna impiavement of the province in these respects ; by being interspersed among those parts which keeping it waste i — l think they have tended ver; y materially beinK intersp to impede the settlement 1 were open for settlement, thev exposed the settler to great inconvenience in making roads, and they reduced the value of the neighbouring farms by their remaining in a wild state ; it is true, I understand, they might be obtained on lease, but in general settlers would nutoe- cupy clergy reserves on such terms, when they could obtain land in fee simple. 11 33. Do you imagine the appropriation of cleirgy reserves, to the support of the clergT of one denomination exclusively, has produced any effects injurious to the peace and tranquulity of the province? — I think the peace of the province has been and is most seriously affected, and that it must continue to be so as long as this cause is allowed to reutuin The vast m»> jority of the inhabitantH are opposed to this appropriation of the clergy reserves, and their numbers and the strength of the feeling on this subject are constantly increasing. There has perhaps been no period at which the dissatisfaction arising from this cause was greater than at present. 1134. In what manner should you be disposed to recommend that these reserves shonM be appropriated in future, with a view to prevent ihecontinuanoeof such a slate of feeling as you have described i—l should recommend that they should be appropriated entirely to educa- tional purposes, and this I believe to be the general opinion of the province ; I do not see any prospect of a peaceful udjustment of the question in any other manner ; there would probably be found insurmountable difficulties in the way of division amongst different sects, and the feelings of a large portioa of the community would be altogether opposed to such an application of the funds which the reserves might produce. to bk are jec Rev. John Roof, Minister of the Congregational Church, Toronto. Hev. ./. Roaf. USS- Ho" '•'"g bave yon resided in this province ? — I have lived here a year. 1 136. What have been your opportunities of acquiring information ? — 1 am aeent for the Colonial Missionary Society, and am therefore called upon to spend a great deal of time in travellineto visit rnnrches of our order throughout the province. n 37. What has been theelTcct of the clergy reserves, in your opinion, as regardsthe settle- ment and cultivation of the province? — I oin unable to speak from my own experience, bbt I have heard almost every where complaints of the evil which they have occasioned in this respect; persons have been prevented from settlins in the neighbourhood of clergy reserves because they would have to make roads round them to get to their own properly, and because they nfford a retreat to wild beasts ; and in this way 1 believe them 10 nave operated most injuriously. 1 13S. What effect has been produced on the peace and tranquillity of the country by the appropriation of the clergy leserves to the use of the Church of England only i — it has produced a great deal of bitterness towards the members and clergy of the Church of Eng- land, and has been the cause of dissatisfaction and distrust of the Government. 1139. What course would you adopt in the future disposal of clergy reserves? — I should recommend that they be entirely appropriated for the purposes of education; I believe this is the general opinion, but in failure of this measure I would rather see them invested in the Crown than divided among the different religious sects. The Reverend Robert Hill Thornton, Minister of a Presbyterian Congregation in Whitbj/, U. C, in connexion with the United Secession Church. Rev. 1140. HOW long have you been a resident ii.' the province? — I have resided here since R. H. Thornton. July 1 833. 1141. What opinion have you been led to fonn, during that period, of the operation of tlie system of clergy reserves, as regards both the prosperity and tranquillity of the province? — I ihink that they have been one of ilie greatest barriers to the prosperity of the province; they stand in the way of roads and other public improvements, and impede the operations of the settlers in the neighbourhood of such lots ; in many cases these lots intervene between the settlers and mills and markets, an'l the roads through them must remain unmade, or be BRITISH NORTH AMERICA. Its be made with great *acri6ce by ihe poor tettlen Id their rear. In fact, it keeps them poor; Evidence. for I have known instance* where persons might have brought their grain to a Kood mar- — — ket but for this stale of roads, and where, as it is, they are compellecTto wait till the frost R*v. has formed a road, when they can bri.ig out some small portion of their produce. R- H. Thornlon. 1 143. But the clergy reierves are not, I presume, the only lands which are thus kept waste, to the injury of the settlers, and tlie retarding the advance of the province ? — No, any large block of land would have the same effect ; hot the injurious effects of the elergy reserves are moat felt in the settled part of the country. These reserves have been a constant sub- ject of irritation throughout the province, and their disposal has frequently been broueht before the House of Assembly. In faci^ it is impossible to describe the interest which has been excited upon the subject whenever the matter has been under discussion, the people anticipating a final adjustment of the matter. Tlie constant ogitation of this topic, has produced a very injurious effect upon the feelings of the country. Anticipating a division of this property among different sects, they have becom'* more embittered towards each other; antl this bitterness has been transferred to general politics. Since I have been in the province, 1 have marked public opinion changing upon the subject. At first the gene- ral opinioii appeared to be, that it should be divided among all religious sects ; but latterly there ha* been « preponderance of fecliiig in favour of its approuriation to purposes of general benefit, such as education, &c. One main cause of this ctiange of opinion has been, that the people have become more alive to the miserable state of education through- out the province, and the growing conviction among people well-disposed to religion, that however liberally a priesthood may be endowed, they can do nothing effectual without an edvcated people. There is, in fact, not the slightest chance of tranquillity in the province, so long OS this question remains unsettled ; it has made almost every man m Canada a poli- tician ; and all alike declare that there can be no peace until the clergy reserve question is settled. I do not wish to be understood as representing this feeling as unanimous through- out the country, but I believe it to be decidedly the preponderating feeling. Reverend William Stiuirt, of Brockville, Minister of the United Synod of the Presbyterian Church of Upper Canada. 1 143. HOW long have you resided in this province ? — Twenty-eight years. Rev. fr. Stuart, 1144. What have been your opportunities of ascertaining the operation of the system of clergy reserves upon the prosperity of the province, and the feelings with which that system is regarded by ttie inhabitants ? — From my k>ng residence in the country, and general acquamtance with every part of the province, having travelled as a missionary over the whole of it, I have had very extensive opportunities of observing the effects of the system upon the prosperity of the country, and the sentiments with which it is regarded. 1145. You have neard the evidence of Mr. Thornton ; doyouconsur in the opinion he has expressed upon this subject? — Decidedly. 1 146. Are there any circumstances that you would wish to state in addition ? — I should desire to state that the body with which I am connected would be generally perfectly satisfied with the appropriation of the clergy reserves for the purpose of general improvement, but, in case of a division, they would require that the proceeds should be equally divided among all sects alike. The Right Reverend Jlesauder M'Douuell, Bishop of Regiopolis. 1147. HOW long have you resided in this province ? — For 35 years. 1148. You are, I believe, the head of the Catholic Church in this province? — I am. 1 149. What, in ;|rour opinion, has been the effect produced upon the peace and prosperity of the province 01 Upper Canada by the application of the clergy reserves to the exclusive support of the clergy of one denomination ? — ^The effect of it is to have raised a very great agitation among; the people of all classes, and especially the Presbyterians ; I do not imagine it possible that the agitation thus produced can subside until the question is settled one way or the other. 1 150. But do you imagine that the agitation thus produced would be allowed to subside if the question were determined in favour of the Church of England f — I am sure that it would' not; it would, on the contrary, be increased, and could not fail to produce a gene- ral discoatent in the province; I thiiik the only way in which the question could be settled with safety to the province is by their being allowed to revert to the Crown, and in this I think all parties would agree. Kight Kev. A. M'DoHKiU. li'l i , a - '• i- 3.-111. S3 s 1«0 APPENDIX TO REPORT ON THE AFFAIRS OF NOVA SCOTIA. J. S, Yorri«, Esquire. EvidtMt "^*' ^^^ "' ■DrveyoNgenenl and commiuioner of Crown landi in this provimxT ___ " — Yei. J.8.1HcrrU,taq, I'S^- How lone have yon filled thoie situationt ?— I wua appointed commiMioner of Crown land* 4ih May 1837, and I was appointed turTeyor-general the 6th April 1831, on the resignation of my father. 1153. Were you in the department previous to the above lime? — Yes; I entered the survcyor-general'i office in 1 816 ; the office of conimiitioner of Crown lands was only consti- tuted in 1817. 1154. What was the system of settling public lands in this province previous to the for- mation of the Crown land ofBce in 1837 ?— Land was granted in lots, on the application of individuals to the Lieuienant-jfovernor and council, either in townships or in separate allotments, upon certain conditions of improvement, and upon the payment of an annual qnil-rent of from 3<. for each 100 acres, or about a farthing per acre. 1 155. Were any grants of land made on other terms than the above, previous to 1837 ? — A very small propoitioii of land was granted by license to individuals at the pleasure of the Governor for the lime beius ; some of those lands have been disposed of and sold by the original settlers; some bavp been confirmed to ilit'in by grants, and the title of others has been confirmed by acts of the House of Assembly, giving title to ocoupnnts of certain standing. 1156. Does this system continue at the present timef — No, the power of the Govemor was altogether suspended by the general instructions of 1837. 1157. What quantity of land was granted in townships? — About 1,563,070 acres. 1 158. What quantity was granted in separate allotments I — About 6,380,000 acres. 1159. What were the conoitions of settlement and improvement required of proprietors of townships? — The townships were granted on diRiereiit terms. 1 160. What were the conditions required of proprietors in separate allotments ? — They -were also granted on different terms of tenure, accordins to the period the grant was made. It is the ouiy of the surveyor-general to prepare the puns and description, but the terma of the grant rested with the secretary of the province and the attorney-general. 1161. Were the conditions generally conformed with? — Not strictly in any case, in the townships, particularly. 1163. Which are the lands generally situated on bays or liarboun ?— There are settle- ments having frontage on navigable waters, where improvement has been commenced, which has been determined as sufficient to justify the right of possession in point of law as respects the unimproved portion of the grant. 11^. Has there been any question raised as to escheating any of the above townships and grants for want of non-compliance with the terms on which they were granted f—Yes, the question of escheat has been raised more than once, and it was determined that the improvements made on a portion of grants, such as those settlements on the coast, were aufficieni to protect the title to the whole property. 1 164. Does the system of granting large blocks of land to individuals tend to promote the general interest and improvement of the province ? — Certainly not ; on the contrary, it bad a very great tendency to obstruct the settlement of the country, as the individuals holding the large grants neglected to advance improvement. 1165. Such grants having been made, what, in your opinion, would be a remedy for the evil complained of? — A general tax on all wild lands would seem to be the only remedy, unless the Crown was to escheat grants when conditions were not fulfilled. 1166. Have lands been escheated in the province at different periods? — Yes; about 3,2co,ooo acres have been escheated for not having planted and cultivated the land in compliance with the conditions of the grant. 1 167. At what period did the greatest portion of the escheat take place, and does the system of escheat continue in operation to this time'' — A great portion of the escheat took place about 1783, on the arrival of the Loyalists from the United States; a considerable portion of land was escheated between 1816 and 1830; since that period there have been iume few allotments escheated, and the last escheat took place in 1834. 1168. Did the forfeiture of land by the above escheat cause any additional exertions to be made in promoting improvements by remaining proprietors?— It does not appear to have produced much effect. 1 169. Were these escheuts generally contested by the parties concerned ? — In most cases they were, and there were many attempts to obtain escheat without success. 1170. What is the system followed in escheat cases?— It is required that a party should petition Government to escheat a grant of land, in consequence of non-fulfilment of con- ditioiu on the part of the proprietor; the parties are referred to the surveyor-geneial, who reports on the case, and, if found to be one calling for interference from Government, the attorney-general gives directions to have public notice given, that at a period embracing upwards of 13 months, an inquest will be held, and the case brought before a jury for their opinion. 1171. lu T BRITISH NORTH AMERICA. »«7 1171. In toch CUM it there a rcrerence made to the proprieion of ihe land T— I am not •ware of any other notice than ihe public notice given in the Oaxeitc. I I7t. It there any objection to ihia nMide of proceeding in cattst of escheat T — Yet; the expentc and delay are tnffloient to deter many pertunt from prutecuting an eicheat. The cott oir eicheat for one acre it at much at for 10,000 acret, wticn contained in one grant. 1173. Who are the partiei that incur the expense? — The informant, who it alto the person that applies fur, and, with few excepliont, hua obtained the hnd. In tome intlancet the informant nat only obtained a portion of the same, from itt being a large block, and in other caies information hut been given by ihe public genrrnlly, who have instituted thr ptocati in order to rid themtclvet of a nuitance, by removing a monopoly and a check to improvement. 1174. Can you ttate the amount of cost in caict of escheat f — The whole expense in about flo/. when the land it etcheaied without opposition. 1175. Wat there any payment of quit-rents previous to 1837? — Not that 1 am aware of, 1176. All the lands granted previous to 1837 were liable to eicheat at that period, from non-payment of quit-rent ?— Yei. 1177. What hai been done in reference to the above lince 1827, when the oflBceof com- mittioner of Cruwn landi wat instituted ? — In 1837, all former proceedings as to grantt of land were pnt an end to, and n new system was initiiuted ; lou of land were ordered to be laid out in different parti of the provmce, to the extent of from 100 to aoo acres each allotment. The upset price was fixed at 3 t. per acre, to convey the feetiinple of such land without any reaervation, except at utual in caiet of minet and minerals ; uU previous mnti remaining jutt at they were, without any authority in the new regulationi to interfere with them. I17S, What steps were taken to carry out the new system i — ^Tlie instruction)) were pub- lithea, and land wat ndvertised for sale the same year; but no sales were effected; the people had been getting land on such easy terms, that there was an objection to the new •y Item, and they did not come forward to purchase. 117^. What wiu done in lubicqvent yean? — ^Tne commiuioner of Crown landt wai •uthoriied, in the following year, to grant licentei to poor lettleri to the extent of from 100 to aoo acrei, on payment of certain feet which were regulated by Her Majetty't Council. The land so allotted wat subjected to an annual quit rent of 5«. per too acres, and the grant was made on conditions of actual settlement, which required, that the proprietor should build a house and reside on the ground within six monthn from the allotment being made. Tliis was evaded in many instances, by the parties leaving their land after a short reiideiice. 1180. Have any landt been told under the regulationi of 1837 P — Yet; altogether about iao,ooo acret have been disposed of. 1181. Can you furnish a list of tlie quantities told in each year, with the price obtained i —They have been at followt:— Evidaaeo. J. 8. Morris, E»^. Am*. Amount Paid. JL. $. d. In 1888 • ■ 5>485 At ar. toai. od. - 140 - 6 „ 1889 - - a.835 «»■"»» , " 89 9 5 g. „ 1830 - - 8^7° ,. - at.okd.- 99 »9 5 „ 1831 - - 10411 »,""», 647 ti 6 & ,, 183a - - >4.879 at. - 3: 2d, - t.063 8 It u „ 1833 - - >i.45> a*. 3rf. - - - 1,076 - «i •a „ 1834 - - i3.aai » ~ " »» Soa 6 4j 1 : :SSi : : 24,943 » - - 3»- - ».349 9 5* 14,884 !»""»» J.354 "9 4i 2 » >837 - - >7M>9 1,638 - 7J 8,s6i 10 ji >> 7.997 The acconnti for 1838 are not made up; about 5,000 acres supposed to be told at an average price of a* 3a8 APPENDIX TO REPORT ON THE AFFAIRS OF EvideiKe. 1 183. Is there a quiintity pointed not as the utmost to be disposed of in one lot ? — Y^s, - — : 1,200 acres. J.S.MorTM, Esq. 1186, Has the greater portion of the land disposed of by sale since 1827 beeti occupied by the purchasers i — It has not. '1187. What has led parties to acquire this land which they do not occupy f — Fur the furpose of obtaining a future supply of fuel, and to make use of the timber growing ou it. n some cases for speculation. 1 188. Is the upset price of Si. 3r|M>r«on, hind ata low ratc^ (o supply Um p1»ce of n Totiu*t ntaDJ ,9r'j|l(fEi liCMftir only to be half liene by thwe who wirork ihemwlvot. , 1336. Af.- the nM<)i n well kept up m tbey ought to b« i — Cr-ntainly not: jn«Hl)*>' ^1)^ main roadt nor the crow ronds are as they ought to be ; tht fundi are misapplied,, fnd jll\9 statute labuH i» improperly perfonn^d' 11197. Who are the peisoos who have the management of road fundi? — ^Theve arri no icgohnr«enun5 ; there ar« commiscioners appointed annually by the Qovernor and Celnn^ toiallcnd to road*. 1138. Do tbooe persons attend to the laying out and making of the roads?— 'They attend to both. t 1939. Arc they engineers, or persons acquainted with such works >— With very feW exceptions they arc not. is4o. Who are the most active of those parties ? — Messrs. John M'Keaaie, Peter Creau, and James M'Kenzie. > 1041. Is there any coutribution from proprietors of wild lands towards formation of road* f— None. iS4a. Is this comp|,ained of by settlers, and i* it detrimental to the settlement of the colony ? — There is a very general complaint throughout the province of the mischief ariring frbm the s\-stem. '' 1343. From your experience, and with your knowledge of the different svsteilit tfaftt hare been followed, in reference to dieposing and settling Crown lands in tne proving, have you any opinion to offer as to tlie best mode to pursue in future f— The coniie most E roper to |>e taken in order to settle the waste lands in Nova Si-otia Would be, for the Irown first to get possession, by process of escheat, of all the lands hitlierto gretifeilj the conditions of which hnve not been complied with. It wonld involve a besvy espwa^.lo the Crown if the escheat of land took place at the instance of the Government^ who. in siA;h a case must employ persons to examine minutely each grant, in order to furnish the proper evidence. In order to eflect this, the Crown should permit applicant* fo' nave the lands at something less than the upset price upon certain conditions, that is to s'av, provided they effected the escheat, and settle upon the land, that they should be allowed to purchase to the extent of 3oo acres each person, at the rate of 1 i. per acre, they paying ' for the survey, or the rate of 1 5. 4d. in order to cover that expense. That no grant shotild pass to them of the land sold until they had been actually living upoii it, for at leatt la months; that they should be allowed two years, to pay the purclini>e-m6ney, dnd sliiiiild ■ d«|)>owit voe^ounb oftiie amount at the period of securing permission to occupy the IMd. That in order to prevent delay, there should be no reference required to Her Majesty's Council, but the Lirtitenaiit-governor, or, in his absence, the commissioner of Grown lands, should decide at ouce upon the opplic.ition, agreeable to the royal insiructiomiof 1833 ; but iu cases of difiBculty, and when the lands are involved m dispute, it «ouid» of course, be pioper to refer to the Council. That the wuste lands of' the Crowo it- for settlement should be held tit l\\e fixed rate of sj. 3(/. per acre, and iudividuiils allowed to obtain Iheui without a reference to public sale; but in all oasts certain -condiUAUyi of improvement should be insisted on, and the grant should not post until so' inaqv acres liavc been put under culiivatlon, and the purchaser actually settled upon the lAnc^* *'>.W.V*l)fl*-' necessary 16 Inake roads through these waste lands in order to couiiec| vbtR) .with, gljier settlements; and n careful survey should be made, and the bounds properly' Ojiarkedi of every lot, which should not. exceed soo acres. It is proper to remark, lh.1t in Nova Scotia, and particularly upon the Atlantic side of it, there is a certain description of Initd hut at all adapted fur cultivation, but still of value to the fishermen, as it supplies them with wood for a variety of purposes ; no valuable timber grows upon it, nothing but small spruce and firs, and a small growth of liiirdwood which serves them for futll; nW, such laud as this should notcuine under the opeiution of the foregoing regulations, but Vlierc , laud is bought for the wood only, prompt pavment should be ret^niiged. ■- ' •• "^J ^,',. ' ■»(ilt»Tf| a «»« y culliynljj the whole within fl limited period. All these speculations entirely foiUd. and those' engaged m ihem, dincourugcd by the hciivy losses which they had sustained in eiviienvouiinn to Bottle BRITISH NORTH AMERICA. Ill until Muje*iy' ■rule their lands, abnidoned and left them dei«rt ; but as thejr Kill retained their gnntt, EvidMCf. poor settlers were deterred from resorting to the province, knowing that the most valuable __ lands were monopoliied ; and thus, emigration from the mother country being at the same Sir R. Gmrgt, time disconraged as ruinous to its interests and security, the province remained in a hopeless Bart, state of depression for many years. At length strong representations were made to his Majesty's Government of the injury which the province suffered from settlers not bein^ able to obtain lands, except as the tenants of or purchaaers from theie extensive proprietors; and initruction* were given in '773 to vacate tliete improvident grunts, in order that the same lands might be granted to persons who would engage to settle on and improve them, on such terms as, it is said, would shurtly be promulgated. But this project for the better settlement of Nova Scotia, however well intended, failed, in consequence of the powerful remonstrances uf the original grantees, among whom were Bome of the first men of the kingdom. The attention, howevir, of Government having been thus turned to the evils resulting from these large grants, an order from the King in Council, issued on the 3oth July 1773, declaring that the state and condition of his Majesty's colonies and plantations in America did, both in justice and expediency, require that the authority for granting landa therein should be further restrained and regulated ; and ordering the Lords Commissioners for Trade to take the subject into consideration, and suggest such alterations as they should think fit to be made in the instructions : and all Governors were directed, in the meantime, not to itsue any warrant of survey, or pass any patent for lands in the colonies. In Februury 1774, an additional instruction waa issued by his Majesty, founded on the report of the Lords of Trade, annulling all former instructions, and establishing an entirely new mode of disp<>sing uf the lands ot the Ciown. It reouirrd the Governor to cause such parts of the province as might be more advan- tageously settled to be actually surveyed and divided into lots of from too to l/xx> acres ^achfand then to sell them at public auction to the highest bidder, at an upaet pritx of 6d. per acre. The purchaser, on payment of the purchase-money, was to obtain a hill of sale, ilpon producing which to the Governor, he was to receive a grant in fee-simple, on pay- ment uf ilie u»ual fees, subject only to the reservations of precious metaU, and to an annual quit rent o( {d. an acre: and the Governor was directed not to dispose of any limds in the province on any other terms under any pretence whatever. In pursuance of this instruction, upwards of 83,000 acres of the best land then remaining ip the right of the Crown were surveyed and divided into lots of suitable dimensions ; but tliough a long public notice was siven, not only in this, but the neighbouring colonies, now the TnilM States, of the intended sale of those lands, not a single purchaser offered ; and thus a well-intended project for the settlement of the country proved abortive. Shortly after the breaking out of the revolutionary war, a letter was received from Lord Dartmouth (dated ist July 1 775), slating that his Majesty considered that Nova Scotia might become n happy asylum for many unfortunate families under the necessity of abandoning the rebellious provinces, Hiid directing the execution of the instructions for the sale of lands to be suspended, and gratuitoiss grants to be made to such loyalists as might take refuge in llie province. The Governor took this occasion to represent the impossibility of providing suitably for their atcommodation, unless steps were taken to re-invest the Crown with the extensive tracts before alluded to as having been left desert; and instructions were consequently given to eu'heat such of those lunds as were not settled according to the terms of the patents. The non-resident proprietors, however, more than ever anxious to retain their lands, when they saw a prospect of their acquiring an increased value from the expected influx of numerous new aeillers, vehemently oppokcd the measure, 1 nd in too many cases with Buccess. ■ Nevertheless, large quantities of land were escheated, and regranted shortly after to actual settlers, who were chitfly refugee loyalists ; and the province now begun to prosper. In 1 76s, iia whole amount of population was only 1 3,000 ; while in 1 784, Governor Parr treported that grants had passed tur 4,883 families, amounting at four to a family to 20,1 so aouls. And that many more of the newly arrived families were settled on their lands, whose grants were delayed lor want of surveys. in 1790, certain granU hawing been made which were disspproved of, his Majesty thought profter to torbid the further ginniing of lands, which prohibition continued till 1808. bnring this period numerous umierants resorted to this province ; many settled without auihoriiy wherever they could find lands vacant, and some obuined licenses of occupation during his Majesty's pleasure. In 1808, the prohibitory order before mentioned (but which does not appear to have been very strictly attended to) was removed, and a new set of instructions issued ; the pro- ntinent pointa in which were, that the quantity of land to be granted to any individual •hould be restricted u> loo acres to the head oi a family, and 50 acres for each child, hot not toexctcd 50oacresin the whole, without the peimission of His Mnjetty ; that the 3* — UI« T grantee I 18« APPENDIX )T0 REPORT ONTHG AFFAIRfi OF Bwt gMMM shonld inproTe, wiihin five 5«ani,oor person in want of an immediate settlement, the buurd had autb6riiy to grant him a ticket of location without any previous relierence to the Lieuienant-govcnwr, the allowance at this time being, in ail cases, to a married man aoo aorca, and to sa HDiMMy< ried man 100 acres. In this maoocn the, settlement of the country was conducted until i8t7, when tb« existing system of disposmg of (he Crown ' ^nds by sale was established. ; vr^ iE 1945. ^'^ *'>■* change in the system give satisfaction i—So. Previon to its Ml(>|itMnn' Sir James Kempit received an outline of the plan from Sir Wilmot Horton, and this hiving been »ubmittM to the Conncil for their opinion, as to the expediency of adorning it in Nova Scotia, a report on the aubject was transmitted to the Colonial-office, snowing the inapplicahility of the propoaed system to this province, niid Sir James Kempt, fully een- curring in this opinion, earnestly recommended that tiis Majesty's Goveialnem ' wcmM pause oefore tbey extended the new regulations to Nova Sootia. IS47. What reply was siven to it?— None, to my knowledge. Sir James Kempt soon after received a despatch fh>m Lord Bathursi (1st March iSuy), statibg, that it was desilrabte that an uniform system of disposing of the Crown lands should be established in tne North American colonies, and directing ifie strict observance of the instructions which were ai^ the same time transmitted for the sale of Crown lands. 1348. What proceedings took place on the receipt of these instructions? — SifJametf Kempt immedFately gave publicity to them, and declared, that thenceforward nnapproprU ated Crown lands could only be obtained, according to the new regulations, by puiehaae^ In jiis'ice, however, to the numerous persons settled under the authority of OovcroiBen* witn incomplete titles, notice waa given, that all settlers so circumstanced would be allowed to obtain grants on the accustomed terms, provided the fees for the same wese lodged at the proper offices before the 1st Jannary 1H38, but not otherwise. And the commissioner of Crown binds did aM in his |iower to give effect to the new intuuciiona. 1949. Did many persons takeout granu in con>'''i i < ^ ■;.'4 hefint to fn d»y kllj What ..,,««54,.WlMt<(eaMnii win aMignedib* ■'•kiii9.oi» whioh it crows, by the payment of the first instalment, who, afier stripping it ef its timber, abandon it, whereby large tracts of land are /or a long while lefl uncultivated '' 'ii^S. Do these reasons apply in Nova Scqtii^? — No; there has npt.been, I believe,* jiihglelbstance here (certainly not more than two or three) of pe^PP* hqying more land than they want for their own use, and not a single instance probab^, of parties buying lai^ for the purpose of despoiling it of its timber; oq the contrary, the greater |Kurt of the ]parcha^rs in this province had Been long previously settled on their lauds. 1956. In what ictpecta baa this rate operated injurioesly ?— By checking the sales of Crown lands, lew seitlera being able to pay (be full pnoe at the time of pnrctwse, and by oeca^ aioning the continuance and increase of the unauthorized occupation of the lands of the Cntwu ; for example, the emigrants who resort 10 this province anive utterly or nearly tfcalitnte, and, in almost all cases, disembark where there ia no demand for labour ; these poor people, of coarse, cannot purchase, and ihey are conr.c-quently compelled, for the pre- servation of their lives (their neighbours, nearly as badlyoff as themselves, being little able tovAwd them assistance), to take possession of the first piece of unoccupied land, granted or ungranted, ihey discover, whence they raise a few potatoes, on whivh, for the first two coiistitiited settler does not set up a claim. MM.' Hot* would ya« propose to remedy these evils? — In the first place, the extent of Moh'^srregnlat occapation of the Crown lands, and the exact position of eveiy lot held without authority, or under some incomplete title, with the name of the occupant, should be ascertained, in order that steps may b« taken to quiet all such possessions, and secure to every Mttler so situated 100 acres uf land, including his improvements, on condition of his tjtiiikg out a title within a specified period, suppose three years; the acquisition of tlik itiforaialion would be a work of great labour, and attended with much expense ; but it must ht (^laihed, or the consequence will be deplorable; in Caue Breton alone, it is estimated that 30,000 persons, or one-half the population of the island, are seated on and maintained l^'lattd for which they have no title, or merely a license to occupy ; then, presuming that no depitrture from the principle of sale will be allowed, I would recommend that the prac- tice of paying by instalments be ai;ain permitted ; that the first instalment should not be Mquired from settlers now in the uccupation of Crown lands for three yeara from the date #f an oflicial notice requiring them to take out grants ; the three other instalments being jka^iable at intervals of a year. ' With r^peot to emigranta and natives in indigent circumstances, I would recommend thai, on the payment of a moderaic fee to the surveyor-general, they should receive tickets of^kjoation, and be considered as the future purchasers ot the lots asey should, in the first instance, be advanced by Goveroment, but would ultimately be paid, as forming a part of the price of the laud, by the bcttler, in four inifbliACnit, the first not being payable until four years after the dale of the ticket of loiiation. At the same time, ready money payments, if deemed expedient, niislit be required ttwM Ihbse who could command the full price at once. But if some such plan as this were adopted, the Crown lands would produce little or no revenue for three years, and nut enough Ut pay the ordinary expenses of the land department for eight years. ^ It would be necessary, therefore, to provide salaries for the commissioners of the Crown lands, wliich might be made chargeable on some other branch of the casual revenue. The prcaent question, however, involves so many difficulties, that I am not prepared to answer it fully ; but of this I feel persuaded, that if the taak were left to the Governor and Council (and I do not see how it could be auccesslully accomplished, except by persons possessed as they are of an intimate knowledge of local peculiarities), they would, with the «ssiat*Qce of the commissioner of Crown lands, have it in their power to frame some effteiual plan for curing the existing evils, for the protection of illegal occupants of the Crow* lands, and for, the better conduct ol the seulemcnt of the province in future. •158.. What waa deot in Cape Breton under the instructions of 1837 ?-^lf those imtruc- 3.— in. T i tions J4d** 4^^ I EviQB■ce^ Sir ft. Ct»fg*, Bart '^1 i H IS4 APPENUI3C TC REPOftfP ON THB AFFAIRS OF 8itH'. 6tirgt, Barb TUtit Smili. tioiu #efe iMpbliteUe to Nova Seotiii Proper, Ottj were donbljr to at r e f ir ih Cape Braton, iaaMBBob at that island wat, in a gmter t^itgree than the ictt of the proviace; occupied by brrcgolar tetUen, whote poverty Itad pt> cuted liieir mmking^ appHeation for the land on whicutliej were tettletii atid-vrho, eoat. ^jtMHj, could not be evpaoiKl iq Surcbate under the new re^ulationt; and, on r^feiring a' copy of ihe inatruotisut to Ir. Cniik^, U> whom the Lieutenaot-goTcmor then (iSs;) offered the tituaiion of >eooi* mittioner of Crown landt, that sentleman to forcibly expreaaed hia opinion thai their Ceodencv would be to reurd the lawful tettlement of the country by iIm increaaed cxpenae of obtaining grantt, and to create much tuffering among the numerout claaa ot the popualion Ihave juit alluded to, that it waa not deemed expedient to extend a new tyitem, in the whole, to Cape Breton ; but authority waa given to the turveyor-geneiai to frant licenaet of occupation under the ilth tection of the Inttractiont, to thebeaefii of hich ibVing clause the itiand was considered to be entitled, aa no part of iu angranted land had been turveyed; and it might, therefore, be considered, to use the words of the document, " a distinct district not turveyed." A great number of pertont were settled under that authority till 183a, when the Secretary of State, having exprettcd hit turprite at finding that the ayitem of ikJe had not been introduced, Sir Peregrine Maitland appointed Mr. Crawley crmmS'-'dOer of Crown land, and directed him to carry the inttruciloiia into full effect. From at period to the 3itt December last, he appears to have told 34,388 acrea ; but the pre eeda have not exceeded the expentet or hit departuieui. 11159. Your opinion at to the defectt of the pretent ayttem of tale may be collected from your former antwen; what were the chief defectt of the former one of i8o8f — ^The want of tome regolaiiont tut&cient to enforce the aurvey of landt ataigned to aeitleia -previoutly to their going into poatetsion, and to oblige them to take out titlea withoift delay. SUzzj years commonly elapsed between the dates of the warrant of survey and patent, though the former was received by the settler on condition of his taling ont a grant within six *nunths. Viny disputes and much litigation have arisen, and will yet arise, from thia cause. is6o. Waa the Optra' ~ n of he boards of land commiationen beneficiaU— The advan- tages exp(x:ted from their c. ' ibliibment were not fully realized. A very laudable degree C|f attention vat paid by tome of the bctardt to tie buiinest referred to iliem, and the iUlorm^- tion they aS'ojdcd *>'"% frequently of m'nding parries. :',■ opinion, however, it, that the appointment of tliete boardtdid not -ondi oe .0 iht mo e rcgulLi settlement of the province^and that liieir operation waa not, in the whole. bEiiefic^Hl. '': ? of the objeott strongly recoiameB^ed to tfieir altentioo, wat to urge Mttlerb, w hout .. 1063. What is the expense of etcheating a grant?— Aboi)|^/i|ftj^'5;^rj^e|^'j^(^'f^j^^^ being the tame whether the grant be of 100 or 500 acret. , „) 1,, u, ,/;,>„,,, .(, , ;., 1364. Who payt the expente of the escheat ?~ The person petitioning tot it^ wlio does to in expectation of obtaininga re-grnnt of the land, or part of it, tor himself. 1365. Are such applications for escheats frequently made? — Very seldom of late; pro- bably not more than once or twice in the year. 1366. What quantities of land have been escheated in the whole? — About 3,154,000 acres, «f which I,g46i373 were etcheated for the loyalittt between 1774 and 1783. i36g. What it the amount of the nett proceedt of the tales of Crown landa paid into the casual revenuet since the first etiablisliinent of the system iu 1827? — One ilioiuniid and forty-two pounds twelve thillings and eight-pence currency i 834/. 2t, 3«(. steditig., fmm the sale in Cape Breton nothing has been received. ,. , ,„, „„j ,„ja ,t.I have, on every diat^jet^f the province. My object in vititinff them wat to remark on the landt itiosl desirable to be brought ji^to cultivauon, and on uie landt incapable of improvemeot. - 1 wat employed r<^ ?H JIRITISH NOUTH AMERICA. > «9» OnepbJMtof th« inqvirjr ;WM tfi, avoid riwoinK road* le of imprpvemaou hf Oovcniacnt foMliia i over a country not «apal ^, v j ^ i*73< Wili 90U faypor we vilh. iheJwuU of yonr obeervalipiii on each dTitrTptor the province in reMreocc In the toil «od to caiiabiUtict lot agricuUure 7— The province ia divided imo i^fomttic*- Dighy county, until within a year or two, formed parA of th^ county of Aonapoli*; it it the wett portion of Nova Scotia, and contain* jubputlialf a milUouof acre*. On* half ihe.conaty is a low mountain range of *olid rock, with orotten atones 'aiidj^tchi^ of earth, and some deeper earth that admitt cultivation. The parts of the country bord^ing on the tcaadmit of oon*iderahle cultivation. There ia a large tract of good land at the weat, and which ia nut aettled for want of roada. Ia7^> What portion of ihia county would admit of cultivation f— About half of it i|, in aom* aegre<>, capable of cultivation. ia75. Has all the land copabte of cultivation been granted? — All the blocka are; the isolated pieces are not. ifl/d. How mbch of the granted land do >ou think ia occupied ?— About one half ia in •ome degree aettled. i«77. What portion of the occupied land is in cultivation ? — But a smull part is under tlie plough ; there is a great deal of pHsture, whicn is necessary in order to keep a arnaM spot well usanured. A farm requires cultivated land to produce hay for winter ; and there is a great deal of com required lor cattle; the cultivation would be improved with more iabuiir, and the land would be capable in proportion of inuintuiiiiiiK more inhabitants. 1978. Is there a large portion of land in possession of tarmera left altogether out of use by occupiers of land ? — Numbers have large tracts in wood uncleared. 1970. How long would It take an industrious man to bring 50 acres into cultivation ? ~- Some industrious men would do it in eight or nine years. jsSo. Is it a common thin^ to have a farm of 100 acres cleared? — It is a much more common thing to have the cultivated ground not to exceed 25 acres. 1281. In cases where there are 35 acres cultivated on a farm, what quantity of land would be required besides ? — Abqut 50 acres for pasture, and about 35 acres for wood. 1383. What ii considered a fair price for good Unda in a wild atate i — ^Tlie Ooverninent apaet price is 3r. nnd 3 1. per acre ; it sometimes brinoa 5*. per acre on public roads. Good lands in a desirable situation, 14 miles from Halifax, nave brought 10s. per acre. Land in this country is very variable in its price, and ia much an object of apeeulation; but with all the changes, land has risen in its price within 41 yeara double; within the laat 10 years I think Innaha* not increased at all. 1383. What wage* are paid for labour f^If paid in money, labourers ttt., exclusive of keep ; in aome cases they receive 3*. ; in winter there ia a want of work ; the highest priee I think is $$.6d. 1384. Is there any want of labour in the country ?— There are plenty of hands everywhere. 1 285. What would be the price of a comfortable house for a aattler ?— A log Iwuse would cost so/.; a four-roomed, two-story house, well furnished, would cost 150/. 1386. What is given fur clearing an acre of wild hind i — The average price for cutting down would be 35s. per acre, lutd it would coat aa much more to roll anu burn. laS?. Would that prepure land for cropping ? — Yea. • 1388. How much more an iicre would it cost to take out the stumps? — On hard wood land stumps mi^^ht be laken out in eight years, at little expense; in soft wood land they aight not decay under ao venrs ; in spruce land they would decay in seven or eight years. taSg. You have said hah'the lands in this district are granted, and only a portion of this ja ia actual cultivation ; how do you account fur the remaining {>ortiou not coming into n atate "f impruvement ? — The want of roada. Setli^ra cannot go far from roads ; they can- not afford to make roads fur themselves. 18^. What do you consider the expense of making roada per milet — A road sufficient for 6rst settlements could be made at too/, per mile, including bridges. 1991. 1X> these remark* apply generhlly to other parts of the country I — I believe they will, pretty generally; at times there may be a little variation in wagca from extra buainess, but things soon tind their level. 1393. Wliat description of persons inhabit the county of Digby f — A considerable number of French, descended from llie old Acadians, wlio live very much to themselves, a quiet harmless people ; the remainder of the inhabitants are American loyalists. 1393. What is the character of Annapolis county? — Annapolis county borders on the Bay of Fuirdy, and all that part towards the bay containa a conaiderable portion of land capable of ctiltivation ; about half the land in this country is wortliless land, in solid bills of granite on a kind or apecie* of trap or slute ; on some of the hills on tiie granite land there is hard wood, and soil lor cultivation. 1394. Can any part of trap or slute land be brought into use? — It is quite useless, 1 think. 1395. Can you form an estimate of the portion of this county capable of cultivation, and the quantity that is granted and tliat is barren? — More than one-tjiird is capable of cultivation; half the remainder i* granite, with parts capable of cultivaiiuii ; mid the rest is Irap, but having parts capable of cultivation. 1396. Are any large purtiou* of the good Und aa yet uaaettled ?— Tliere are no large I portiona unoccupied. 1 397. Is there much good land ungranted, and renaiaing in the ponession of the Cirown * 3.--III. T 3 —Very EvidNM, ^. I ( (lO' .jVt ; ' '■ '' '■ 1 ■ t* ? f fI 1 1 1^^ 1 1 I ' >9l^ APPENDIX TO REPORT ON THE AFFAIRS OF E«idtMe. m — Verj little in ihit county ; what there ii, it in itohited pieces and acMnitcd by nieleit land, which could not be uied without previout eenMOnieetion being mao* and kept opt, lapS. It hai been tairi, that the county uF Annapolii compri«e« 100,000 acre*, and about half it granted ; ia ttiat according to your compotaiion 1—1 ha?e no made computmion of actnil rarface ; but thit agree* vofBcienily with my obtervaiion. 1999. What portion of the mnted kndi do you »uppoM ii in a atate of cultivation 7— Aboai eneH|UBrtar i* in tomeiind of eulii*ation; I question if more than one-tenth hat ever been ploughed. ' 1300. Does the county of Annapolis advance as much as might be expected in improve- meni ^— It has advanced but little of late years. 1 301 . What is the cause of the slownru of improvement in thit couniv T— To a check in the fishery at uue lime, and to a general deprettion which has existed m the province for some time) things are coming round. t30tt. WItai is the principal cause of neglect, and want of roads, in certain parts of the county more ihaii others N--The mode of arranging the road money. Each individual in the House of Assembly withes to have as large an Mppr<>priuiiun of money to hit ditlrici at possible ; and ibose parts not inhabited are too much neglected. 1303. It there a good harbour for thipping at Annapolis f— There it a good harbour for coasting vMteh ; I do not know abont laree vessel*. 1304. It there much ship^^Miikling in this district?— A number of small vessels are built hen. 1305. Are there any minerals supposed to be available in this county i — ^There is much iron ore. I do not think it hat been properly worked, although uttempts have been made to work it. 1306. Has this county any other parlicnlar quality i—la the herring fishery there is a great deal done. 1307. What is the character of the inhabilanU of this district ?~They are partly descendants of American loya'hts, and partly Americans, who settled previous to th^ revolution. 1308. What did yov observe as to King's countjr ?— King's county is situated on both sidea of the Basin of Mhtes; more than half of this county is capable of cnitlvaiioii,,tbe other part it of granite liillt chiefly. "'' ',';„^, '„n 1309. Is this county much improved?— It is better improved than Annapolis,' '" ' " 1310. Is there much good land in this county still unsettled ?— There is very little I beliflve unoccupied. 1311. Is it still capable of much improvement and of increase of population ? — About FsMboRMgh there it room for contidemble improvement, and the land might tUpport doobic the number of pertons now in the county. 131*. Hat thit county any other resources betides agriculture? — There is some fishing, chiefly of tliad ; there it a native topper found iiere, but I do not think it goes to any extent ; there is a native copper scattered, but no ore. 1313- It (here much land still in possession of the Crown capable of cultivation i — Vei^y little indeed in thit county. 1S14. What country people tettled this part of Nova Scotia i — ^The majority of them were descendants of English families from New England. 1315. What county bound* King's county f— 'The North is bounded by CtUnberlcnd, which is the most nortlieriy county or Nova Scotia. 1316. What is the character of Cumberland county^ — There is a great dctal of dyke marsh in the north of this county, bordering on New Bruntuick ; there are 80,060 arres in one marsh ; the remninderof the county it a mixture of poor land and granite hills ; there ia good land on the gulf shore. 1317. Are there many inhabitants in thit pnri of the province r— Tliere it a considerably number of inhabiiantt who inhabit the head of the bay and the gulf shore. 1318. What are the reconimendaliont of this district? — There is not much agricaltore except on the marshes ; there are contidrrable coal mines which con be worked with advan- tage at any time ; there is also a considerable trade in grindstones with the United States ; those grindstonea are thought to be superior to any from Europe. 1319. How is this part of the country supplied with harbours f— The want of safe anchorage near the griiidstone quarry and coal mines ia a great drawback. 1310. Could this not be remedied f — I tliink a good harbour could be made at no great expense; there is abundance of stone at hand which they are constantly working, i^ai. Have you crossed the neck of land which divides the Bay of Ftindy from the Si. Tsaal^Whatll'the distance ?-About 14 miles. ""»* ".!»'»*'''"' 1333. What is the nature of the country i — A low, flat, sandy country. 1394. Is the country much above the level of the sea on either side i—l do not think any part is more than 33 teet above the level of high tide at Cumberland. 1335. At high tide is the level of the water of both sides supposed to be the same ? — At the top of high water I should think that the water would he t? feet higher at Cumberland than the bay. I4af6. What ia the rise of the tide at Cumberland, and what is it at the Bay Verle^-'I tbimk seven feet la the rise of the tide at the Bay Verte, and 60 feet is estimated to be tli# highest rise of tide at Cumberland. ""'j!j".T,^'.''" 1317. Then yoti iiapfloM at hiif tide there wouM be an equal level ?— Yet. •<' 7 l-i"" iij,i5. Tjjrough ■»<> .-.«!/• BRITISH NORTH AMERICA. I atntM ; of safe i.di* Iji.'- link any le ?— At ibcrland crte^-I I b« tile rjirough 1338. Through what muI would the bad of a canal rc^aiie to paaa cooneciing (Im Bay ttf Funrijr with Buy Verte i — Generally tand wiih more or Icm loam. i63g. Would luoh aoil rtiain the water •uflBciently for the purpoae of having » eanall— 1 ihliik it probable clay would, be found. below iheaand, if not, day woald re(|niMto ba brought thrre or lour miles t'rom the marshea, but 1 think clay would be found neafCf. 1330. What ii the nature of the coast where the canal would lerminaia }.~h k iballww at the Bay Verie ; it is deep enough for ihipi at the Gomberlund aide. 133I' Hqw would the country luit ior a railroad i — 1 think remarkably well, it might be a straight line ; the country it almont level ; it is the casicat place in Nova Sootia for a mil* road. 1339. In what part of the coontry are the coal mines situated ?— They aic iBdiffetant parts, and on the ahore of the Bay of Fundy, as well as on the Gulf of St. Lawrcnoe side. '833* Is there much room for increase of population in this district? — ^The oonnqr >■ capable of great improvement, and of great increase of population. 1334. What is the character of the inhabitants of this diauict 7— There are some Firenoh who are the least respectable of the inhabitants; the rest ol the inhabitants are gencnllj industrious, and are descendants of Yorkshire people. 1335. Is there much of the district remaining in the possession of the Crown 1 — I believe very Utile worth havi g remains in the possesaion of the Crown. 1336. Wliat remuKs have you made as to Hants county? — About Windsor it is very thickly settled, and the land is excellent, probably half fit for cultivation ; the remainder of the country is composed of granite and luw land, a great deal of the land is considered fit for settling, and a great deal of the low land is poor soil resting on plaster, but to be improvad with cultivation, and may eventually be better than what is now counted richer land ; a good part of this county is kept back by being settled with u bad class of settlers. 1337. Does this district oiler any recommendation besides that of ugriculture ?— There is agreat trade in plaster of Paris with the United States, all along the basin of the Bay of Mines, which employs a great many people. 1338. Is there much ot this district remaining ungraitted ?— I believe a considerable part 1339. Does this part of the county aius, there is ajnod deal of valuable marsh round the head of the Bay of Cheguod, ana good land on the River Stuviaeke ; there is also a mixture of limber land and land fit for cultivation ; there is no extensive waste or barren in this district, nnd the county is settled with an indostrioaa people, the dcMjendants of Irish Presbyieriana from New Efngland, and loyalist familica. 13*^1. Is there mitch of this district remaining ungranted f— Not much that is good for anjrthing. 1342. Is the land so held as to admit of much division and increase of popnlation? — Yes,' there may be great improvement, and the population niieht be doubled. '343- What is the character of the Piciou disiricil— There is a good deal of good land' In this district, some near the shore ; and un Hard Wood Hills there is a valualm mine of coal near the harbour, which is rapidly increasing in importance; there is also plaster of Parisj but not near enough to the snore to be worjied ; they have also tried to make salt. 134'* What description of settlers are to be found in this district? — ^The great majority are ll descendants of the Highlanders; a good many neglected their farms, in coose- quence of the lumbering business, and are not so well off now. 1343. '* there much Tand in this district still ungranted, and capable of cultivation ?» Not much, I should think. 1346. Is the land improved as it might be? — The most of the settlers have more land than they require, and there is room for great improvement. 1^7. Po^ Sydney county possess good land ? — It is much such a district at Picton as to agriculture; put no coals have been found in it. 134$. Is this county well settled ? — Some parts of it are ; the southern coast has a great deal of bad land ; there are many good harbours on the shore, and tlie people prefer coasting snfl fishing to farming ; there is also a coasting wood trade. 1349. Is there much opening for improvement in this county ? — There is considemble. 1350. What class of people are aettled in this district? — Acadian French, Highlanders, and some of Irish deacent, with some Ameiicno loyalists. 1351. Ooea Halifax county possess much good land ? — No. i3£a. Is all the land capable of cultivation occupied?— Chiefly, except in isolated spots, and when a want of roads prevents setileiiients. 1353. What portion of the whole couniy is applicable to agriculture? — About a fourth 1 354- What is the remaining portion of the county composed of i — Large tracts of almost niiked granite, trap and ilit'c rocks, capable of producing very little. >35£; 1^ ^>c good land in the county of Halifax pretty generally occupied ?— Yes, pretty well. 1356. l» there room for many more settlers ? — Yes, particularly on the coast, where there is a great neglect on account oi the fishery ; there is excellent mackerel and heariag fisbia|; off the townsliip of Halifax shore. 1357. What kind of land is to be found, in Ifuxeabtirgb coiinly ^—Aboat «ae-third is worthless, on account of being naked granite; the remainder has tome good land,' puii-< 3. — III. T 4 cularly EviJsaca.' Titm.SmiUU '■\ '• 138 APPENDIX TO REPORT ON THE AFFAIRS OF EvidtM*. TitmamiU. cnlarljr about Luxrabargh ; in tliia cowly the pcopk are fnigal md indottrion ; tbej ar* of Genaao dnccnl. 1358. la ihi* county well peopled for the proportion of the land at the di*poMl of tho inhabjianti i — It ha* alnuMt treble ai many inhabitant* at any other portion of um province of a similar characier. 1369< Have yon been on the Lahave river t — Yet. 1360. la that portion of the country well filled and improved ? — It ia, pretty generally ; this counijr is pretty well peopled every where ; the south-west {Mrt is not so mncn settled ; this part will be more thickly settled, and will improve yet more; the land there requires a good deal ofmanuriug. 1361. Are there any mines or minerals in this district i — ^There ia a probability that iron ore may be found here. 136a. Has coal been found ip the vicinity of Lahave river f— No, it is not the kind of country to produce coal. 1363. Is any pan of the southern coast of this province likely to conuin ooaW — No, there is no probability of it. 1364. What is the character of Queen's county ?— llie fourth of it may have a portion of land fit for cultivation ; oiie-half of it is totally worthlcM ; floating boga and barrens, and unfit for any thing ; the other fourth is timber land. 1365. Are there many inhabiunu in this county i — Not many ; the town of Liverpool is the most important place, and hu a good harliour for abippiog ; and there are several good harbours for roasting craft. 1366. What are the prmluctions of this county i — The timber used to be good, bat it is nearly exhausted ; the Liverpool people have been carriers, and are so still ; there ia alao' considerable fishing carried on from Liverpool. 1367. What is the character of the people of this county? — ^Thev are descendanta of people who came from America before the war ; there are abo many descendants of Ame- rican loyalists. 1368. Are they not an agricultural people i — No, there is not much room for agricnltare. 1369. What portion of the county of Shelburne is capable of cultivation f — About • fourth of it is fit for cuhivation and pasture. 1370. What is the character of lite remaining portion ?— Of the remainder, more than half IS barren, unfit for limber ; the rest of the country has some timber, especially some oak, fit for ship-building. 13^. Are there many inhabitants in the county 7 — Shelburne and Barrington are the principal phices ; at Shelburne there is a trade of sraniie, which ia iocreasinc ; Barrington u getting a fair fishing business and carrying trade ; the rest of the county naa few or no inhabitants, except on the sea board. If this province ever becomes a manufacturing country, the numerous streams of water in this oouniy fit for mills will make it valuable. 137a. What cloM of people inhabit Shelburne? — Most of the people are descendants of Anieiican loyalists. - 1373. Is there any part of Nova Scotia not yet described by you? — Yes, Yarmouth county, which was a portion of Shelburne county till Iniely ; thisconnty is rather lew than half barren, and the remainder has a krge proportion of habitable land intermixed with awamp ; the shore ia pretty thickly settled ; tlie interior haa few inhabitanta ; the people lumber m great deal, but, if roads were made in this county, the agricultural population have soc- ceeded so well, that much improvement would be made. 1374. How was the county settled? — Yarmouth Town waa aeltled from Americans, before tlie revolution ; the remaining part of the settlera in this county are descendanu of loyalisu, except a small settlement of Acadian French. 1375. What is the principal occupation of the inhabitants ? — Fishing, ship>bnilding and carrying lumber ; the people are stirring and industrious. 1376. Is the prosperity of the province much checked for want of roads i — There is a want of roads in some parts, and in other part* roads are not kept in repair; 1 have seen such beneficial effects produced by good communication, that 1 am sure the prosperity of the cnuntnr depends upon it. 1377. What system is now provided for road-making i — ^There is a suiote labour of six days to each householder, and fur labourers and other persons two days; the labour ia under the direction of overseen and commissioners. 1378. Does this system of statute labour work well ? — In many phcet the people do not work at they oughu 1379. DtM-s ihe system of statute Inbour cause a proper division of labour or improve- ment throughout the country ? — The overseen generally attend to parts of roada and to particular districu. 1380. What is the case when 10 miles or more of a road require to be run through unoc- cupied land ?— Thia mutt be entirely done by grant from the House of Assembly. 1381. Does it sometime* happen that a road runs a distance through hind capable of improvement, but having few or no settlers ?— Yes ; between Shut Ham and Musquidnbit, 1 pasted over ao miles of land capable of cultivation, with only one settler. 138a. How do yon account for this f— The land belongs to people whado not intend to settle on it themtelvet, but who hold the land on speculation. 1383. Wonid this land be occupied if people ooald procure it in small lots?— I do not doAbt but that it would. 1381 ■ Would ?o .yaiTUH ^Qfi^^ America^ i'U.:rv\j^ >39 ,.43814^ M^aM.|Mt,lh« proprietora part with thi* land on moderate terrotf — A great many people have (alie ideataboDt lind, and think it woiih a good deal mbrtf tiMn it reaHy it.' >')I385>, A^'* money, in your opinion, well appropriated to meet the purpotet intended ? — It hat done much benefit to the country, but might have done much more ; it it very often tpent much more where it is not wanted than where it it ; it it frequently given to pQpulous districts, where the people can make their own roadt ; the aninhabiied country g«u but little ; it is alto frequently divided into small rams, and put into the handt of a a number of commissioners, who generally know little about road-making.. ' 1394. And why it this the case? — Great part of ourrepretentativet thmk it their duty to bbUge, at mnch at pottible, their conttituents. 1305. Is it the case, that absentees and persons holding lands not occupied or in cuU (Wat(on,.do not contribute, in anyway, to making roadt? — I believe they do not now 1396. Have you occasionally done duty at Burveyor? — Yea. 1397. Can yon itate the mode in whicli you putatettler in postettion of hit ground? — I twe the' nearest angle or boundary of a lot already appropriated, or a lake, or tome known place, and run off the lot from that. 1398. Can. tuch surveys be depended on? — Several of them cannot, in tome placet, .|i& per cent, mutt be allowed ; the grants on the thore ore not to be depended on ; tne old purveys ore very inaccurate. ^ ' 1399- foet It ever occur that (he tame land hat been granted twice over ?-f-FreqMei)tly 'ithnt been the f»«e. ' 1460. Is there much litigation canted by inaccuracy of turveyt ?— -A good deaL 1401. What expense does a settler incur in obtaining possession of Iwd, including fees, btft exclusive of purchase-money ?>- He pays nothing for survey, but attista the turveyor ' with hit labour. lAoi. When a settler is desirous of possesaing Crown lands in the country, how loag would it be before he could get possession of hit land ? — If he knuwt what pieee of land to apply for, he might be located in a month. 1403. How much money ought a man to have to tettle down with good protpcct of ftacces't, supposing he hat five in family (not including the purchaie ut the land)? — He ' ought to have loof. ; tome would get on with let*; a man would the firat y«ar require to cut down, the following year he must crop the land. 1404. Could aman tu tetllitig Tord to pay any rent, after a few yeart ? — H« might pay 'tome. «(/ 1406. Could he pay 3d. an acrt; the f^fth year? — I think he might. .. ^^ Could he pay more the followii>g year ? — He might, 6 d. an acre. 1407. How much could he pay the seventh year ? — He could probably pay gd. 1408 What do you think would be right to atk for the remaining years ?— 1 abould lay gd, an acre would lie enough. 1499. ^'* y" think the above conditions would hold out such encouragement, with permisalon to buy at any time, at so years' purchase, and would thote term*, iu your opinion, be such as to lead to improvement in the country ?— i think it wonld, when the I'^iaud it Worth tettling, if tlie tenure it for 999 yeart. .''< '1410. WoftM any teourity be required lu prevent peraont abuiing tuch offers as thote by cutting timber, anddeterting the properties ? — It woald be necesaary tu have security. racier r — The greater part of tho province it a low mountain rnnge, running the length of the province, retting on lolid rm-ka of gmnite, trap and ilate alternately ; the trap forming broad and the date narrow banJi ; the average amount of toil, mixed with broken •ton* above the rock, would be about three feet ; the be«t lands on thi* are inferior to good land* on a different formation ; ihe shore of the Day of Fundr, from Long Island to Gape Split, is a different rock, the basis of which is almost every where amygdaloid. That i* separated i'ton the ancient rock above named, bv Si.Mury's Bay, Annapolis Baain, the valley through which Annapolis river runa, and the Ck>rnwBllis river ; in addition to this, yoa must except all that part of King's county, which is east of the Basin of Mines, and the half of (he counties of Hants, Cobequoid, Sydney and Ouysborough, the greater part of the counties of Cumberland and Pictou, and a very small portion of the county of Halifax or Musquidabit; these lands rest upon sand-stone, grey wacke, gypsum, limestone, porphyry and many other kinds of rock, and the soils of the good landa oa tliese are deep ; barren portions are chiefly sand and clay ; in this district all our coal is found ; in the neighboup* nood of gypsum, salt springs are very frec|uent, and also a speciea of magnesian lime- •tone, containing abundance of the shells ol young cockle*, all about one siie, something less than half an inch diameter, appearing to be the same species as a cockle now living oa the shores, which, when lull grown, is about two inches in diameter, seeming to indicate that the material which formed these masses of limestone was raised from the sea at one time, as the cockles they contain are about the size of the young cockles of four week* old ; there are strong indications of copper ore in thi* district, as from Cumberland alons the gulf shore to Picton, copper ore is trequently found in small ouuntities in the saixf ■tone ; the intervale, or alluvial soil is only found on those rivers which have gypsum at the head, and often at the sidesof the intervale-stream* in many instances above the gypsum, passing over such barren and rocky ground, that it appears they could hardly have brought any soil from the part above the gyp^ium. 1414. Within tne last 30 years, in your opinion, has the population of the province increased in a fair ratio i — Taking the whole province, there i* no doubt there has been aa increase. 1415. Has the increase been from the natural growth of the province, or from emi- gration ? — From both. 1416. Has there been any emigration from the province f — There has been from Halifax. 1417. Has there been much from other parts of the country ? — There hat been tome. 1418. Do you consider the improvement of the country has been so great as it miglit have been, had roads been made with more skill, and if that part of the revenue appro- priated for roads had been well laid out for the settlemeut of wild lands? — Certainly not. 1419. What portion of the land of the province, available for the purposes of agriculture, it at present occupied r — Including Improved pasture, I should think one-half. 1420. Is tliut purlioii of luiid described by you as occupied capable of further improve* ments, and what further population would be required ?— It would support twice the number of inhabitants by improvement better than it does ihe number at present on it. 1401. is there any great runm for the extension of the iisheriea now carried on in thit province i — I think there is great room for improvement ; we ought to succeed better thnn the Americans, who, though double the distance from life fishing grounds that our fisher- men are, carry on a more extensive business than we do, 1422, In reference tu the mineral productions of the country, is there, in your opinion, room for uny great increase of business f— There are more coal-mines than could be opened ; the grindstone business is increasing rapidly, and the plaster of Paris offer* an inexhaustible supply of that material ; we are also beginning to export granite to the United States. 1493. Is there much opening for the continuance of the timber trade of the province T — The timber trade is diminishing very much, and there is no probability of an increase at any time in the business. 1424. Are the memoranda you are referring to those which were made at the lime of your milking those observations on the country in question? — They are my journals, which were written every night, while i was making those observations. Richard Brown, Esq., Mining Engineer. B. lUotiii, Esij, 1435> HAVE you resided long in the province of Nova Scotia? — Since 1826, except for a short interval, 1426. What part of the country have you principally resided in 1 — Pictou and Sydney. 1417. You have given attention lo the geological character of the country; willvou be kind enough to state what you have remarked on this subject in the island o( Cape Breton? — The most valuable mines yet discovered in Cape Breton are the coal seams. Several other mineral* have been reported, but arc not yet attended to from want of suflicieat en- couragement after investigation has been mode. There is a salt spring, which I think may be brought BRITISH NORTH AMERICA. H« prove- ice the it. in this ter thnn fiiher- tiine of , wtiicU eptfor dney. you be ireion ? Several eat en- may b« prought Wouglit into opcratioD, and wkkh would in connexioa with ilie fitheriet be very vaiaabie, and would afford a mailiel for coal of a description that cannot be thippcd. 1438. How long have the coal minet been in operation ) — About jo yeart from the Ant beginniiiR. 1499. How were the rainet worked in the iirtt ineunce, and by what parties ?— They have always been leased by the Crown, and worki-d by different panics ; the leases were of short duration, and no great ndvaucement was rnnde in improving the working of the mines. In the year l8», the minea at Sydney were let by the Crown to the General Mining Aasociation for 00 ytnrs ; the parlies pay 3,000/. sterling per year per 30,000 chaldrons, Newcastle measure, and at. currency per every Newcastle chaldrun above that quantity: Um terms to embrace all tbe coal mines of the province, and granted to tlie same parties. 1430. How did you find the mines at taking tlicm in iSav, and what was their prodnceT — They could not have worked them much longer on the plan then pursued ; the produce waa about 4,000 Newcastle chaldrons per year. The company that leased them at this periu433> What is the price of coal at the place of shipment? — At Sydney it is 141. 6<^. currency per ton. Bridgeport, 141. delivered on board the veesels. 1434. u hat is the quality of the coal ? — It very much resembles tlie Newcastle coal, and 1 consider it i^uite as good for domestic purposes. 1435. Has It been muck used for steam machinery? — It has not been so much used for this parposa, as there is a superior coal for steam purposes worked at Pictou, to be obtained rather cneaper. 1436. What are the principal markets for Sydney coals? — More thnn half goes to the United S>tfA for sit t pping of large dimensions i — Sydney is without exception the first harbour in tlu )>rovince, and is capable of admitting vessels of any burthen and to any number. Bridgeport is a bad harbour, of only 1 1 feet of water ; it is quite sate for vessels that can enter it. 1441. What is the extent of manual labour now employed in connexion with the mines in Cape Breton, and what extent uf machinery? — Theie are about 500 men constantly employed, and during the shipping season abou'. 100 men more. There are also one engine of So-liorse power, one of 30-horse power, and three of so-horse power each, and about 90 horses. 1443. Haa Cape Breton much capability as an aEricaltural country? — There is a great deal of very good land, but it is generally occupied by settlers with little spirit of industry or improvement. The climate of Cape Breton is not so favourable to agriculture as Prince Edward Island and some part of Nova Scotia. 1444. Is there much good land reomining unoccupied'' — Most of the land having a frontage on water is occupied. There is a large lake in the middle of^he island commu- nicating with the sen, which is navigable for snips, and (>fibrds access to almost every part of the isittud. I do not think that above u fourth of the land capable of colli vation remain!> unoccupied in the interior for want of roads to it. 1445. What do you consider to be the population of Cape Breton? — About 35,000 souls. 1446. Has there been much emigration to the island of late years? — Not a great deal lately. 1447. Does Cape Breton grow sufficient produce for its consumption? — No; they import a great deal of flour annually, and also Indian corn and other produce. 1448. Is there any difficulty in procuring labour at Picto? — There arc plenty of com- mon labourers, but we are obliged to bring out colliers from Scotland at a great expense. 1449. What arc the wages given to common labourers? — From 3s. 104*. per day, find- ing themselves ; the colliers earn from yt. to io«. per day. 1450. Has Cape Breton any other natural resources than tbe mines you have men- tioned? — There is abundance of limestone in various parts of the island applicable to agricultural purposes; there m also buildins done (freestone), and gypsum exists to great abundance io tae ialaod in places favourable for shipping: all these might be turned to account. 3. — III. V 2 »45t. Are Evideiico. R. Btnm, Esq. ■'':| ! i^l i 11 »4« APPENDIX TO REPORT ON THE AFFAIRS OF Itidncf. it Artwi, Eiq. 1451. Are Umic fiihwiet in the iilaiid to any extent ?— There are very fine fliheriei ; the priDcipol are at St Peter's Bay, Oabreet, Fieirt Nenva, Ingauche, Cape North and Margaria. The fiiheriea are not b^ anv meant carried to the extent they might be. 145*. You are alio connected with tne coal mineM at Pictou ; will you be kind enough to (tate how ihe^ are worked, and on what plau, an**, tv what extent? — They are worked by the General Minmg Atiwciation, under the tame lease, on the same terms, as the Cape Breton mines. The oompaov got possession of them in iS*j, before which time the product did not exceed 1,500 Newcastle chaldrons. There has been a regular increase of produce since that time, and during the last year 48,000 tons were exported, principally to the United Sutes. 1453. ^bat is the «]uality of the coal ? — It is bituminous, well adapted for steam pnr> poses, and for manufactories of all kinds ; it is also an excellent coal for producing gas. 1454. From the demand of this coal of late, is there a probability of any great increase? — Decidedly w« cannot keep pace with tlie demand ; but we are now greatly extending the works, so oi next year to be able to double the present produce. 1455 Is the increased demand priocipally for steam navigation? — Yes, it is ; the coal is becoming more generally known for its good (qualities in this particular ; and I have a report from the captain and ensineer of the Sinus, which used Pictou coal on her last Tojage from New York to EnEland, and they consider it preferable to Liverpool coal, but no equal to Swansea coal, which is considered the nest of all English coal for steam-boats. 1456. Do you employ steam-engines at the mines at Pictou ?— We have one eneine of 70-horse power, t .( uf 30-horse, one of ao-horse, one of 14-liorse, and two of 8-horse power each employed at the mines, also about 100 horses and 350 men in regular employ, and at present 500 men. There is an iron-foundry, where we manufacture steam-engines; we have also two steam-boats employed in duties connected with the mines. 1457' ^'^at is the price of coal at this place? — ^Thirteen shillings and sixpence currency per ton, tk rered on lioard. 1458. Is .here a large field of coal at this place?— There is a very extensive field of coal, and no probability of its being e.-shausted tor cen*.uries. 1459. I* 'li* harbour at this place favourable for shipping ? — It is considered a safe and good harbour for vesseb of all sixes. 1460. Are there any other articles of export from Pictou besides coal?— There are grindstone and freestone quarries, of very good quality, and worked, but not to a great extent ; there are also a few cargoes of timber exported annually from Pictou, and occasionally some agricultural produce. 1461. Is the land generally settled about Pictou? — It is pretty generally settled for ao miles round Pictou. 146a. Have you visited other parts of the province i — Yes ; I am pretty well acquainted with, and have visited, the northern and eastern portions of the province. 1463. Have yon observed on the mineral productions in those parts of the country? — There is an extensive coal field in Cumberland county ; there are also very fine grindstone quarries in this county, which supply the/Unitnl States; beds of gypsum, also, of good i)uality, and very fine quarries of freestone. There are salt springs, but they are in tlie interior of the country. 1464. Are all the other productions you mentioned accessible to shipping ? — A few beds of inferior coal ere situated on the water; but the best seam of coal is about 13 miles from a shipping place. The gypsum, the grindstone and free'te^e quarries are all near to places or shipment. 1465. Hsvc other minerals been discovered besides the above in the province ?— Casual deposits, oi small extent, of very rich ore of copper have been founa at Tatioagoucha, Touey's river, Caraboo river, and on the west river of Pictou ; but we liave never been able to trace them to a regular code. The company are now continuing their researches more par-.icularly for copper and lead, on ihe Shubenacadie river, with very good hopes of success, 'llierc- in a large iron vein near Pictou, but it has not been fou.-id of a quality to encourage working. 1466. Have you examined the part of the coanty of Cumberland between the Bay of Fundy and Bay Verte?— Yes, I have. 1 467. Have you made any examination asto the possibility of cuttin^^ a canal ? — I con- sider ihesround is very favourable for such a measure, and that iheprofect is practicable. 1468. What is the nature of the ground i — Generally red earth ana clay, andfii would be quite impervious to water. 1469. Doe* the country rise to any height? — No, it does no:. It is nearly a level 'Country. 1470. Do you know the rise of the tide at the extremity ? — The rise in the Bay of Fundy is 68 feet ; at the Bay Verte it is seven to eight feel. 1471. What is the nature of the soil of the country through which a canal would pass?— It is a rich, red soil, highly productive, and the country in the vicinity is generally well settled b> people who ate doing well as farmers. 147a. Are;o!i acquainted with tnedepthof water on the coast on either sides? — On the Bay of Fundy side tliere is plenty of water, on the Bay Verte side the coast it shoal, and the inoulli of the canol would require protection by a breakwater. 1473. What would be the length of tbeconal i — About 15 miles; but by taking advantage (if the An Lac river, the distaice would be shortened four or five miles. 1474. In BRITISH NORTH AMERICA. .>4S 1474. In obMnring on the province genenlly, do you contider there ii u mooh improve- BvMnee. ment of late yeara at might be expected in a new country with the reiourcei that ara - — available ? — Decidedly, there it not *• Bnmm, Etq. 1475. To what do you attribute the want of improvement?— The preient teulera occupy too much land ; they have more than they can improve; the country wantt opening out byroadt through landa capable of cultivation; a great drawtwck alM aritea from Tvge tiactt of land lying in an unimproved itate belonging to peraont not tettled on them. 1476. What remedy do you think could be applied to remove i .v> evil above mentioned? —By aidopting tome plan for the bringing the good land now in a wild ttate into imprave- ment. 1477. Do you contider a penal tax on unimproved land, with a remiaaion of the fine in proportion to improvement, would have that effect, provided the amount of tuch tax wai judicioutly applied to making roadt, and to other improvementt in the country i — I think that would be the bett remedy. 1478. What in your opinion ought to be the amount of tuch a tax f— Five thillingt per hundred acret. 1479. To your knowledse it there u deficiency in the surveyt in the province 1 — ^There it a want of n good map of the country, and at a future day, I am afraid there will be much litigation on account of the inaccuracy of old surveyt ; m purchating land, I have made tnrvey t and have found great errors in the original turveyt that have been made. 1480. Have you any remarkt 10 make as to management of road-money and the tyitem of road-making f — The pretent tyitem it very defective; about 10,000/. are voted annually tot the rokia, which it generally expended in tmall tumt by pertons wholly unacquainted with road-making. I understand there arc this year 800 commisiionert appointed to ipend 8,ODo2.; we tbaU never have good roadt in the province under such a tyttem. I would recommend a large tum, tufficient to make all the main linei in the province to be borrowed, and the inierett to be paid out of the annual grant that it now made; we ihonld then have in two or three yeart good roadt throughout the province, and wil('«rnets landt opened out and brought into cultivation. I think it would aavance the province at leatt half a century, taking itt pretent rate of progreu. The determination of the lines and control of the expenditure thould be managed by three or four commitiioners. 1481. Wh^t it your opinion at 10 the tyttem of working roadt by ttatute labour, aa now acted upon ?-- -i think the whole of the labour it thrown away ; this kind of work it abused, and thought lightly of; there ought to be a tax in money in lieu of labour. Jamet JtPKenzie, Draftsman in Surveyor-general's Office. 1483. HAVE you resided long in the province i — Twenty-five years. Jtmei M'Ktmir* 1483. During that time have you vitited different parts of it i — I have visited moit part*. 1484. What nave been your principal occupations i — Until within icven yeart I followed the farming business, and since that time the surveying basinets, both in the field and in the turveyor-general't office. 1485. nave you attended to tettlert, on their firtt arrival in the province, in obtaining grants of land, and getting them into pottetsion of the tame ? — I have done to, particularly in Cape Breton. i486. Will you ttate the mode of proceeding in the above caset in Cape Breton, and alto in Nova ^otia, as far as the latter hns come under your attention ? — The lots, after being surveyed, were set up at public sale, and sold to the best bidder, and in tome oates individualt were allowed to obtain them upon paying the upset price; in Nova Scolia mott of the lolt told have been in detached situations,'una particularly applied for by the parties who purchased them. 1487. You are acting in this province as an authorized surveyor? — Yes. 1488. Have you in many instances found it impossible to make correct turveyt in consequence ofinaccuracy at to former lott of land, which of necessity you measure fiom ? — I have ; and also from surveys being inaccurately made by persons not <|ualificd : in the Utter cases, I have ascertained the inaccuracies that could not be altered, in conie- quence of improvements made on them ; in many cases, also, the boundories of lands granted have never been surveyed or laid out at all. 1489. It the present ttate of surveys inadequate end injurious to the settlement of the land f— Yet. 1490. Are there a tufficient number of qualified lurveyors in the country to answer all purposes that might be required of them i — There are well-qualified surveyors to act, if sufficient encouragement was held out ; but at present any person is allowed to sturvey, except in Crown landt, and thii prevents qualified persons enteiine into the buiinett. 1491. Have you given attention to roadt in the country ? — f have token surveyt of loadi, and have acted at overieer in constructing roads. 149a. What is the application of the system of road-making by statute labour? — ^The cross roadt are eenerHliy made by ttatute labour, and the people have their interett to much at ttake, that they enter heartily into it ; but in the neighbourhood of farms, some people pay persons to work for them ; there is much abuse in the system, by inadequate or nferior persons being employed ; there is also great mischief from the non-employment of adequate persons to manage the labour on the roadt ; in my opinion money is frequently quite thrown away from the above cautet. 1493- I* there any defect in the mode in which grantt are made for the conitraction or 3,*- III, V 3 in«provement i r. N4 APPENDIX TO REPORT OM THE AFFAIRS OF E*Mmi«c. inprevment of rMd« ^— Ye*, great defirct ; the money is given in Mch mmU quutitiet, jr MfXtrntie. **"^ '""'* "** ***** *o"P'**ely made thronghonti if money ura* given to complete roads at once, those roads would be brouffht into immediate use, and woald coniSn benefit on the coantry ; but, at present, probably one-tenth of a road is mad* each year till the whole is complete; the communication throughout cannot be taken advantage of; the wast* of money and the injury caused by thh system must be too evident. 1494. Taking a distance of road, what would be the average expense of oonitracting it per mile through wilderness lands ? — One hundred and fifty pounds. 1495. What would be the average rate of making roads through dear land ? — Eighty pounds. 1 496. What is the averaee quantity of cleared land generally made uae of by settleta 7— Between 50 and 70 acres cleared is considered a good tarm. 1497. Is that quantity all under plough f— Only part of it, occasionally ; this quantity includes pasture. 1498. In what number of years would a farmer be expected to have this quantity of cleared lands ? — In about 20 years this quantity would be brought from a wildemeas stata. 1499. How mnch wood land wouM serve a family for the year s consumption ?— Including fences, about one acre and a half, if cut in one contiguous piece. 1500. What capital, in your opinion, is necessary for a settler, to give him every chance of success ? — About 50/., exclusive of the land. ifioi . Provided a man commenced on the above terms, how long, in your opinion, would it be before he could pay instalments towards liquidating his debt? — In three years I shonld aay, he could pay 10/., and he could continue to pay the same each year following (this to inclvde taxes). 1503. Are tliere any large blocks of good land in the province that still remain unsettled ? —Yes, several. 1503. Do tliese tracts belong to the Crown ? — Very few ; they belonging in almost all cases to private individuals. 1504. How are roads made through such tract of country ? — Chivfly by statute labow by the persons residing in the neighbourhood of these places. 1505. Does the non-settlement of such tracts materially check improvement in the country ?— Yes, I knew of one tract of land between Marygomish, in the county of Pictou, «nd Antigonist, in the county of Sydnej . where a road of eight miles passes through with only two or three settlers on the road. The same objection does not so fully apply to Crown lands, as in these cases, where roads are made, property can be obtained on applica- tion beina made for it. 1506. Do the parties possessing those large blocks of land contribute 'n any way towards roaJ«. or other public works ? — Most of those large tracts are old grants, and generally remain in the wild state, and until settlement is made thoy do not contribute to public irr^iuyement. 1507. Have you observed any large tracts of country possessing capabilities for improve- ment and settlement, and for which no steps are taken to accomplish such objects ? — T^e present year I have surveyed part of the township of Clare ; I found one grant, containing 35,510 acres granted in 1817, to French Acadians residing in that township, containing as good land for cultivation as any in that part of '.he province, and on this grant only abont . ve acres are cleared. In the adjoining grant, containing 3 1,300 acres, with but few settlers upon it, probably nine, there is also good land, and it was granted in 1793. 1508. Are tliese grants made on condition of setllcmenlT — Yes. 1509. Those conditions have not been fulfilled ? — No. 1510. To what do you attribute the want of improvement in this country? — ^The proprie- tors of those grants are following other occupations than agriculture, or are wealthy people ; they look to a rise of price in the value of lands. 151 1. Is any large portion of any of those lands the property of the Crown i — None of those tracts I mention. 1513. Are there any large tracts of good land in the province, the property of the Crown ? — There are no large ttacts, but there are detached pieces of good land in many parts of the province. 1513. What do you consider to be a large tract ?— I consider a large tract 10,000 acres; I consider it would be difficult to get above 5,000 acres of good land, the property of the Crown, in one tract. 1 51 4. You have stated, the want of roads is the bar to improvement, and the chief obstacle to having roads to the quantity of unoccupied lands ; what do you consider would be u remedy fur this evil?— To esclieat lands liable to escheat for non-fulfilment of conditions of improvement, and to require parties holding wild lands to pay a tax towards general improvement. >fi>5- Provided such tax was employed in the improvement of the country and to settling it, what, in your opinion, ought to ne its amount ? — Generally a farm occupying aoo acres pays equal to i8<. towards roads. I should say, the tax on wild lands should be in the same proportion, with exceptions where improvements are begun. I£i6. Do you consider there is room for much improvement and increase of settlement ? — ^There is much room for improvement; first, by a subdivision of land* now held by occupants, and also by occupation of wild lands which are not yet in cultivation. 1317. You have been some years a resident in Cape Breton, can you give any infor- .mation as to the capabilities existing in that island for improvement i — There are extensive BRITISH NORTH AMERICA. 145 czMmive tracU of good Crown land about the bead of River Inhabiianti, between the Ma^oa liven and tM road leadins from Indique to River Denis, about Margaree or Lake Aiaalie, and near Cape North, and a few deUchcd piece* in other parts of Cape Breton. There are a great number of large pine trees on moat of the tract* wliicb I mentioned. 1518. What das* of inbabitanla reside at Cape Breton i — Chieflj French, and fishermen from the western islands of Scotland. 1519. On what terms do they principally hold their landa? — ^This information can only be obtoined at the oflke of the secretary of the province. JoAm Fairbankt, Esq. 15SO. ARE you a native of Nova Scotia? — Yes. ijai. You nave had cause to give attention to the fisherie* ; will you be kind enough to state what in your opinion would best forward the interests of the province in respect to this measure 7 — Compelling the Americans to observe strictly the limits to which they are confined by treaty. 153a. Will yon state the outlines of this treaty, and where it is abused i — ^Tbe report of the Committee of the House of Assembly of Nova Scotia, 1837, will give all the detail connected with this question ; it will be seen that the Americans come on our coast, and in the oat harbour, qnarrel with our fishermen and prevent the increase in our fishing that ought to take place. 1593. What portion of the inhabitants of the province do you suppose are engaged in the fisheries? — Probably one-half; our fisheries extend round the whole coasts of Nova Scotia. 1 534. Do you consider the fisheries capable of any great extension ? — We find it extendi anniully by our dealings. Our supplies to fishermen five or six year* ago did not exceed 5,000 L a year, now it extends to three times the amount. I conceive this business is capa- ble fif being increased to an unlimited extent. 1535. To T'hat do you attribute the circumstance mentioned in this report of Americans being sucoesr'.al competitor* in fitheries carried on on our own coast? — ^To the great demand and consum ition in the United States, and the high prices. 1536. D.> not the Americans also supply foreign ports, to the injury of our fishermen T — They do. 1537. I-'.ow do you account for this i — There is more capital required in this province to be ii>vc«ted in the fisheries. The American government, holding out better encourage- ment, induces some of our best men to join their service. 1538. Is there any want of population on our coast to meet the demand for fisheries f— 1 ahould say decidedly througnout the whole coast. 15S0. Have you observed the system of agriculture carried on along the coast? — Yes, it is limited on the fishing stations ; the men are engaged in fishing, and the women are obliged t«> attend 10 agricultural pursuits. 1530. Do agricultural pursuits as well as fishing employ and offer sufficient encouraae ment to separate the above occupations, and would such a measure be beneficial and fur- ther the fisheries of (be province f — There is room for both, and the mode now pursued injures the fishing ; there might be a vast quantity of sheep kept on the eastern shore of the province as well as the coarser kind of gram raised, also nay and potatoes. 1531. The general character of tlie coast of Nova Scotia is rocky, and thought to be dis- couraging for agriculture, have you had any experience in this pursuit on such kind of land ?— Yes, and from the knowledge of the coast and from the number of good harbours it contains, and from the quality of the land in the neighbourhooc* I am satisfied an exten- sive agricultural population might be supported. 1533. From your experience and knowledge of the provinc- ' j yon consider it pro- gressing in improvement as fast as its natural capabilities admit of? — Not by any means. 1533. ^^ ^° i^^ agriculture, to what do you attiibute its want of improvement? — Want of capital and of labour, and of goodruads particularly; also want of agricultural skill and im- plements. Its prosperity is much checked by large portions of the land being in the hands of absent proprietors or persons who do not cultivate them and bring them into the market. 1534. What remedy do you consider might be applied to this evil ? — One remedy, in my opinion, was embodied in a bill brought into the House of Assembly last year by Samuel Fairbanks, Esq., member for Queen's county, to grant land on condition of improvement. I also .think a tax on wild land, or escheat of wild laud if not improved, is absolutely called for. 1335. Provided such a tax was existing, and that all the money so raised was applied to improvements in the province, wliat in your opinion ought to be its amount ? — Ten shillings per hundred acres, on land in u wilderness state, I think would not be too much. Laurence Hartshome, Esq. 1536. ARE you a native of the province ? — Yes. 1537. From your knowledge of the resources of the province, is it your opinion there is very great room for advantugeous investment of capital, and for increase of popululiun?— The natural advantages of the country are very good, and not at ail developed; there is room for great improvement and iuutease in the fisheries, in agriculture, in mining, and ip mills and coarser manufactures. 3.--III. u 4 1538. What EvidMK*^ JtmH M'Kmuit, J. Fairbattkt, Esq. L. Uarlihurne, Esq. t'^ I 1 ■J ■ ^ i 'i! « t4< APPENDIX TO REPORT ON THE AFFAIRS OF >t11 it ^ 1538. What it principally wanted t»wiTanae iaiprovenMnt in thatx>biflsli^--liM'iatto^ iTBi^Uktrm Em. ^*''**o*' ^ <"> immtriom daM of cnigrantt and of leientific hmm, aaA ^pmrement ' ^^ i»'«he internal eommoaication in the ooaatry, particolaily a hatter dietribnlioD oCpnSlio money expended on the roads. .. -^ ■^■ »5S9it Are there now any works in pro|rcu liliel^ to open the reionraei yon« Ipeak' of f — There is no woric of more consequence, in my opinion, than the Shubeoeaeadie Caaal^'the > detail of which ia alated in Pnper, No. . It wonid connect HaliAuc harboar with |he Bay of Fundy, by an inland navigation of nearly 40 miles, and would comraonicate with ail the eitensiTe coast of the Bar ofFnndy, giving a perfect security totradebetween the colonies In case of war. It wooldi also open an extensive source of trade with the eonntry between Halifax and the bead of the Basin of Meires. In the event of the proposed canal being cnt between tlie Bay of Fnndy and the Quif of St. Lawrence, sreat Aunlitles wonId be given to the traiie between Halifax and the St. L:.wreace, and the facilities that would be thus afforded for safe trade in case of war would be most beneficial. The importance of this measure is more fully detailed in memorials to Her Majesty's Government from the Council and House of Assembly for this province, forwarded early in the present year. 1540. Has any money been already expended in this work} — Yes, between 80,000 f. and loo,oool. 1541. Is the work now advancing? — It is not pro^ressioK for want of means, and it is expected that assistnnce will be granted by Her Majesty's Government. An agent from the parties engaged in this undertaking is at present in England, in communicalion with the Government. 154a. Is much of the work completed?— Yes; the heavy part, including locks ai^d cut- tings, is far advanced, and some of these are complete. 1543. la it your opinion, that a tax on wild lands, judiciously applied to improvement, would be desirable, and one that would tend to advance the interest of ibe province ?— If such a tax was employed to open internal communication through lands available to' li||ri- culture, and to advance emigration of a proper description of persons, it would no donbt have a most beneficial effect. This tax ought to be on lands not in progress of improve- ment. I £44. What, in your opinion, would be a fair rate per too acres if such a tax was deter- mined upon? — About 3 (. per 100 acres would induce parties to improve and dispose of gN*n 1 >» • their land. ''~ *'■"• The Honourable Smmel Cunard. Hon. S. Cwmrd. 1545^ FROM your extensive knowledge of the country, is there any measure more than anoilier you think ought to b« attended to, to advance the interest of the province i — I think ,,^ making good roads, and by this means opening the resources of the country, would have tAe most beneficial effect. The resources of the province at present are not sufficient |o accomplish this object. To obviate it, a sum of money might be borrowed nnder an Act of the Lesislature, pledging ihe revenue of the province. l£46. ft has been remarked that great injury has been sustained by large quantities of lands remaining in a wildernesw stale ; what, in your opinion, wodid be the best, means of remedying this evil ? — I think good roads would remedy the difficulty in a great degree. I also think that owners of large tracu of land ought to be compelled to give some attention, by a tax on land, or otherwise. 1547. You are a large proprietor, and have given attention to this question, and if, a fax on wilderness land were determined upon, and if the proceeds of such tax were judicioitsly ... m>propriated to improvements in the country, and to advancins emigration, what in ypur opinion ought to be the amount of such tax? — I do not feel inyselT competent to say what the tax iiiuuld be, but I should think large properties should be compelled to contribute towards the ^neral improvement of the country. My opinion is, decidedly, that all monies raised , iu this way ought to go altogether to the improvement of the country. 1548. Li your cpinion, is there considerable room in the province for incrcasiag its population in agricultural pursuits, and otherwise extensive resources for good and safe ., iaveaimeut for capital ? — I think capital may be very well invested in the purchase and ^ improvement of lands, and there is plenty of room foi' industrious settlers, who are sure to ^> do well as tenants, labourers or cultivators of wild land, which they can obtain on more favourable terms, not requiring to pay instalment until quite able to do ao. '649- Yon are extensively concerned in the mining operation in this province; is there not every probability of progressive increase and demand for labour in reference to such undertakings? — There is ; they now employ a good number of labourers, and furnish a vast consumption of agricultural produce and capital. I5A0. And there is room for the further extension of such operations ?— We are daily increasing our operations, and have the most favourable expectations of fularc success. ' - i ^"" WiOittm Mackay, Land-surveyor. W. Mtttkaj). 1551. HAVE you surveyed the country between the Bay of Fundy and the Gulf of St. Lawrence ?— Yes! 156*. Was ihe result of your examination favourable to the object?— Yes, the country ha« no high hills ; it is swsmpy all the way through ; I think two or three locks besides the tide-locks would he sufficient. 1540. Is *«■- BRITISH NORTH AMERICA. »47 if,ajax uKcioMily ID ypur what the towards liet raited it there I to tuch lith a vatt are daily :t;eti. lulfofSt. 1548. I* EvidMMC 1553. It the wil of a nature to contain water? — ^The top of the anriace It tawl for two fret; there ia clav nodemewh which it very favourable to the object. 1554. What woold be the dittance of the canai that would require to be made )— About 1 5 inilM would require to be made. The Tidnith river on the Bay Verte tide wmid be available for three milet. 1555. Have you examined the coatt 00 both tidet with reference to the approach and entrance to the proposed canal ? — I have. 1536. How it it on the Bay of Fundy tide ?— There is plenty of water for vetselt of any sire. 1 557. How it it on the Bay Verte tide ?— The Bay Verte it nearly dry for about two milet at low water, except the channel, which is about four feel water at the mouth of the river, and at the bar ; between the bar and the mouth of the river it hat variout deptht. 1558. What it tlie fall of the tide at this part f— About seven feet and a half. >559> What it the ieati dppth of water on the bnr and in the channel i — About four feet. i£6o. What it Uie greatest at low wiiter depth in entering the river i — About 10 feet. 1561. It there a good thclter for vetaels nt thit depih? — ^es, very good shelter. ij63. It the water in the bay thallow for any contiderable distance ? — It it thaliow for about two uilet. 1563. What ticed vessels do you consider would be able to enter and pass throuKh a canal made at the place proposed? — I tliiiik vessels between 350 and 300 tons would be able to pass without difnculiy. 1564. You do not considiT there is any decided obstacle to such a canal being formed? — I do nut think there is any obstacle. 1 5t$5. Have you made an estimate of the cost of tuch an undertaking ? — No, I have not. Eight miles uf the cutting would be martli ground adapted fur the purpose. 1566. What would be the benefit to the country oy this work?— The principal object is connecting the trade of New Brunswick ond the St. Lawrence, and Halifax and the St. Lawrence, and also Prince Edward Island with Halifnx and New Brunswick. No doubt the trade would be very great and all these countries must benefit by the work. There it alto a fine country about the canal ; about 70,000 acres of marsh land adjoin it. 1567. It this land under cultivation ? —All, more or ieti. The Honourable nomat BailUe. 1568. YOU are tnrveyor-general and commissioner of Crown lands in this province; how Hon. T, Bmttit. long have you held these offices i — I was appointed surveyor-general and commissioner of Cruwn lanids in F<-bruary 1824, and retained both uffices till the latter end of 1835, when Mr. Hurdwasap|M)inted survcyur-genprol, which he retained till 1820, when he was sent to Upper Canada as surveyor-general. The office of surveyor-general then devolved upon me, by which a considerable saving was effected ; I have rctuincti buth offices from that period until the present time ; the two offices are so blended, it is impossible to tepurute them. 1560. Then you have filled the office of the Crown land department tince it wat intli- tuted f — Yes. 1570. Will you state the extent of New Brunswick, and how it is divided, at respects land alienated by and remaining in iiussesr-ion of the Cruwn? — The province contains about 16,500,000 acres, of which I consider about 560,000 to be barren ; about 3,000,000 acres were granted previous to the saic system in 1837, and about 1,400,000 acres have been sold since 1827 ; there are at present in round numbers about 11,000,000 acres of land available to Government, hot from the nature of the soil, where the dense pine forests exist, not much more than half of it can be said lu be fit for agricultural purposes at the present moment, but the remainder would doubtless be available at a more remote period, when land siiall be more scarce. 1571. You havettated there have been at different periodt about 4,400,000 acret granted; what portion ofthatdoyon suppose is held by occupants? — Almost half. 1576. How many acres do yuu suppose are actually under cultivation? — About iytjooo acres, but the clearings being generalljr on the margins of streams and on the bye-roadt that have never been surveyed, renders it difficult to form a correct estimate. 1 573. Does this remark refer to land that has been under crop ? — Principally under orop. 1574. Besides this land, do farmers think it necessary to have |Nisture land ?'— Yes, they generally wish to have as much pasture land as tillaEeabie land ; much of the pasture land cannot be said to be cleared, because the stumps stiirreniain on it. 1575. Can you form an esiiinatt! of the number of agricultural settlers or proptietort residing on farms? — From 1 3,000 to 16,000. 1570. You have stated that you supposed 3,150,000 acres of land are now in occupancy, this would be averaging 150 acres tu each farm ; in your opinion is thit a proper quantity of Isnd for farmers to have? — Ample for a poor man. 1577. It it tuu much for a pour man looking up to his family, and also a reserve for fuel ? I do not think it it too extensive. 1 578. At the same rate there still remains, in the bands of the Crown, lapd in this pro- vince suitable for agriculture for 72,000 agricultural establiihments? — 1 ttiould tay 40,000 imuiediaicly, and the remainder for future occupation. 1579. Is this province divided into districts i — It was divided into districts by myself, when I received instructions to proceed with lands in 1827. 1 580. How is it dMcribed in legislative enactmenlt f— In countiei. 3.--III. X *58>. How ' If * hi .141 APPENDIX TO REPORT ON THE AFFAIRS OF 1581. How nwiir couDiiei are there ?— The province ii divided into it ^onnti^i^ the diviMoo lioM of which, however, with two or three eiceptiont, haVe never beeA tarveyed 61 evniedoot. 151(3. When did ihc Crown land oflke come into operation, aa to tlie ditpoial of land i>T •«I«?^Ib 1897. 1584. What has been the method panned at diflinent times prior to that period to dit- poae of and to bring into coarse of settlement the wild lands of the province ilie property of the Crown P— From the erection of the province in 1784 to 1897 the land was disposed of I9 the Lieutenant-governor and Council, upon a quit rent of 3 1. per too acrv, together with the grant-fees under the rojral iiuti uctiuus, no charge of any con^uence having been made daring that period. 1585. What grants were made prior to 1784? — Several large grants were made when the pisvince formed part of Nova Scotia, most of which were CKMated aud subsequently regranted. 1586. Are there any hirge grania of land still existing in the province ?->-Nono of an •Meni to be prejudicial to tlie country. 1487. What is the largest grant now existing in one name i — 5,01)0 acres were granted to thtf Hon. J. Saunders, in 1819. 1588. Is this tract in the coorte of improvement? — Very partially; and the settlers |o the vicinity compUin bitterly of having to pass through a lung wilderness, through which they have to oreak the snow roads in winter time. ,1589. Are then any other grants of a similar character in the counirv ? — No; but the settlers consider it grievous, if even a lot to the extent of 500 acres remain in a wjiderness ■U^ on the road to the settlement, the proprietor of winch performs no road-work, and the labour of the settler is therefore enhancing the value of the absentee's lands. tj^a How many lou of land of this description do you consider there are in this conntry ? — Between aoo and 300; there are few of the back settlers hut what have it in their power to complain of the same evil, and 1 think the proprietor of lands through which a road passes ought to be obliged to perform a share of the road-work. 1591. Are these grants generally held on condition of settlement ? — Most of them ; but ju tnie proprietor mav have extensive improvements on other tracts, he may with some truth declare he has done his share towards the improvement of the country. ^509. This remark, I presume, applies to proprietors resident in ihc country, and who JbtVTO made improvetnent f — Certainly. '^SOSv ^ J"" consider there are absent proprietors who hold land only with reference to Intiire advantages from increase of price ? — There are some, but the number is incon- siderable. 1594. Hm there been any land escheated at diiferent periods, and to what extent?^ Several tracts have been escheated to the extent of several thousand acres ; many of those cases, as I stated before, are Nova Scotia grants. 1595. Have there been any recent escheats i — A few. 1596. How much land do you suppose there is now in this province liable to escheat? Probably about 500,000 acres ; I was preparing a list of lands liable to escheat, but the Lieutenant-governor was apprehensive that it might create strong excitement, and 1 there- foK desisted. '597* Wo> ^t in reference to the present inquiry ? — No, it was previous to the present in<|ury ; I ought to observe, there were several escheats of land made for iiofr^yment of quit rents when directed to be collected in 1832 ; these lands have since been resiored,> by act of the Legislature. 1598. What stepa hare been taken since 1897 to carry into eScot the disposal of Crown laatia by salcf — Lord Bathurst's letter of the 1st March 1827 was the cause of ilic tale of lands in tbia provinoe. and I immediately proceeded to carry into effect the iostruoiions I , Motived I atoted to the Lieutenant-governor that I was prepared to go on with the sales, and I also gave notice in the Royal Oaaette. ' 1S$9> Wbot wen the terns and conditions of sale contained in your instractions?— Eitmn' owpaynent of purchases or a quit rent ; the lands were generally sold by aootion. 1600. Was there an upset price?— The usual upset price was ii.6d. an acre, including the grant fees. i€oi. Has there been much variation in price of wild lands sold under these regula- tions 7— Not much under that regulation, but a very great variatiou under the regulation of 1839. i6o«. What have been the prices and quantities sold under the above regulations?'-^ They are contained in the returns. 1603. Have the lands so disposed of been to bon&fidt settlers, and in what sised blocks generally i — Generally to settlers, in blocks of soo acres each, but many of the settlers never paid the purchase-money or quit lents. 1604. Have they forfeited their risht to the lands ?— Certainly ; though I believe many of thoa are still living on lands (bey bid off at those sales in 1837 and 1838. 1605. Do you consider this system failed in producing the benefits expected from it? — There was a violent opposition to it, in consequence of reference to the quit rents being made on the old grants in those iostructioDs, which induced the oppojitiou of the uw»\. wtaltliy BRITISH NORTH AMSRICA. *I9 ^^eirtthy mtd (iiflbentUl penont to thfe mhoL .j>»<" > urv't ollic« the 8th Mnnih iSsS, allowiog penooi who had whole kjrtttm ; and a notice htued from 'the^taiie- tary't office the 8th Marcn isss, aiiowiog nenooi who had obtained niiautet of edwnt for certain land* which were forfeited agreeably to the loyal iaairaciioni, to pay thcrfrnut- 1 feeii on the lamr. previon* to the itt January 1819, by which meaNa 3«x>,ooo aoret (Wc e thrown into the market, through the penraat who had obtained the minutat of coiiMil, and wiio having nothing to pay for the land* except the irant-fceit codd umlerMli the Crown; thin, of course, crippled my exertion*, and the Liealenant-govcrMr, on iha i*t Janaary iSa^.iotpended all further tale* until fnrtber order*. ' 1606. The above applies only to land told ; what wa* done in reCrrence to land held ota qaii-rent r— Persons were permitted to take land on a quit rent if they preferred doing ito; it was £xed at 5 per ceut. on the amount of the purcha*eHDoney, or to be bought at any lime at so years' purchase. 1607. Was there much land taken on these termsT— A good deal; several thousand aaes. ' 1608. Were the terms conformed to T — Scarcely in a single instance. 1609. Do the parties still occupy these land* i — I am of opinion that many of theok aiill occupy these lanos. 1610. Have any steps been taken to enforce the payment of the quit rentf — Nooe^ as the lands are considered forfeited. t6ii. To what do you attribute the non-compliance of the parties to the last arrange- ment ?^To commnnications made by anonymous publications in the public prints, at well as to reports indusuiously circulated, that the tale system would be entirely abandoned ; and an address was presented by the legislature to the Lieuteiiant-governur to be forwarded to the King in 1B39, praying that the old system might be re-established, and asserting that any attempt to collect a revenue in the province from the sale of lands would lie in vain. 1013. What were the steps next taken to induce settlers on the Crown lands f-^Haads of instructions were transmitted to me in 1839, when I again resumed the sale of Crown lands. 1613. What was the nature of the fint instruciioiu f— Modifying, in some degree, the former instructions; the sale of Crown lands now continued rapidly to increase until January 1837, so that in the eight years, from the ist January 1830 to the end of De- cember 1837, no less a sum than 134,390/. had been received, and 107,763/. ist. fd, remained c' ooo acres. 1614. \lhat amount of the 107,765/. 1st. jd, has since been paid up? — Only 44,000/. is now due, of which amount about 9,000/. remains due on the instalmenU of tracts under 500 acres each, the remaining 35,000/. being instalments due on large tracts which were purchased, principally for speculation, during the excitement which pervaded the American land market in 1835. 1615. Did many of the parties who purchased under this system become actual settlers? —Certainly, most of them have. 1616. To what do you principally attribute the improvement that took place in this aystem / — To the favourable operation of the royal instructions of 1833, oy which an emigrant could proceed to Fredericton, within 10 days or a fortnif^lit aner his arrival in the country, and ascertain what was open for sale, proceed to view his selection, and return and pay the purchase-money, and obtain his location-ticket for the lot selected. I 1617. What were the usual terms of payment required in this instance? — The land varied in valuer according to situation ; to pay one-fourth down, aud one-fourtli each year till paid. i6t8. Exclusive of purchnse-inoncy, what was the whole charge of survey or other expense of location ?— All charges were included in the purchase-money. 1619. How was the value of the lot applied for ascertained ? — Priocipally by.iotunate acquaintance with the lands of the country, as well aa by reference to the survey. 1630. Were timber lands sometimes included in the purchase?— If there were, «■ extra price was invariably put on the land. idsi. Wimt was the cause of departing from this system of dispoaing of landa7.^The surrmder of theoaaual revenue to the legislature, and the two acu passed in ooaacqiMMe. ■ t6tt. How are wild lands at present disposed off — By the Lieutenant-governor in Council, under provision of the two acts referred to. 1633. Can yon give the outline of this system? — Persons applying for lands have to present a petition at my office, praying to be allowed to purchase the tract liiat is described in their petition ; I put a certificate as to the vacancy of the land, as also w'l ^*her it contain any mill oite, meadow, interval, or pine timber ; at the end of the month, these petitions are all transmitted to a committee of the executive council, with schedule, containing an abstract of all these petitions, the prayer of which petition is recommended or not, according to the views of the committee, and laid before full council the following day for approval ; the petition and schedule are returned to my office, with the answen, and advertiscmantt are prepared, stating all these particulars, which are published in the noyal Gaselte. 1634. How is the price of land now deBned i — Generally put up at *i.6d> per aor«, and the money paid down ; the minimum price is as. 61L ; the land baa a value attaokwd to it by (he executive council. : . .,•> ; i 1635. When did this lust system come into operation? — August ad, 1837. ' "" '"'"' 3. — III. X 2 1616, How EvidMM. Ion. r. m r I a i LP' Haa.jr.Ai%. 160 APPBNDIXTOIBPORT'OIITIIB AFFAIRS OP i6>gt'Jtow i w w »3F WW haw beea diipoMil ttf aplAMM praNatthtef<->NiwilMMNcdhn" nndithice otiginal pelkioni have Imm praMMod. of wUoh 534 haw p Mu d, ud af tihMl !!« 1 tt5 pctitMMMn ha«a coapiied with tha oiden of ooaocilt pndaaiiig t,*^L 15a M it^ apuo-' to 5tD SapttaberiSsSi. .;■>'. iini iSt;. Wliai okkM of patitiaaan ha«a baea aaabia la caaiply with tbaoidv af coamiL)) )<> — AciaalMMiertof apcmrdaMciplion, aodaqaaiim. . 1 .1 !t> lijitni i6a8. To what do you aiiributa tha bA\m% off of aotaal Mtilen linca the adoptloD of' the preMRt •ystcm /—To the delay of obtaining aniwen to their petitioat } the ncoewiiy of rCfMiiriag leveral timet to Frederictoo, to expUiu the buiineM ; the aocartaiuiy of ever receiving an answer to the petition, by reason of the remoteness of the residence of the applicants and the limited circulation of the Royal tiaaette, and ilie demand more generally made by the council for the whole amount to be paid down within 14 daya, io Ae event of the land being sold by auction, and within 60 auys if by private sale. 1619. Is there any additional expense, by survey or otherwise, incurred by thia new » regulation f— Yes, many of the parties applying for lands which have never been surveyed } and the expense of surveying aa isolated lot frequently makes the land equal to 4*, or 5*. an acre, besidet tending to create interminable confuaion in making surveys. idSD. What tinte would be required, under the present regulations, b^ a settler, to ge possewion of land, from his arrival at any port in the country I — ^After hui arrival in rtff dericion, liaving previously selected his laud, he would have to present hia petition at mj office, which must be in before the a4ih of the month, and he oould get an answer to that petition the 6th or 7th of iho following montli. 1631. In respect to Crown lands and forests, has there been any difference in the mada of disposing of and settling them, from wliat hna been described ? — Nothing in mganl lo agrieulturai settlers ; bat large tracts liave been dispiiHed of to different parties, for the un purpose of enabling them to erect extensive saw^milU, and manofiicluie into lambrr the .n 1 several varieties of timber fit for the different markets. i63g. Are there any large tracts disposed of in this way? — ^The prineiMil tract dispoaed uf for that purpose was 50,000 acres, on the River Tobique, at a price of io«. per acre; a coropHuy ban oince been chartered bv the legislaluie, which is now iit the act of erecting very extensive mills iu that river, and they are expected to be in operation this fall ; tlie next tract in extent or importance is 39,000 acres, embracing the heads of the Miuqaash streams, which iail into tne Bay of Fundy about ij miles tu the westward of St. John's; here there are extensive and valuable mills at work ; the next is 94,000 acres, belonKhfg . , ,^ to the Nashwauk Mill Company ; the Nakhwauk fall* into the River St. John ^ Fre- dericfon, the mills being situate about three miles from the month of the river. 16^. Are there any more large tracts of timber land disposed of?-^No morel^rg* tracu of land have been disposed of for the express purpose of sup|dying timber ; but several large tracts have been disposed of, from which the parties intend to manufactiire square timber, aud these parties, who have paid up the whole amount, have done work to some ex ten L 1634. Have these transactions been of recent dRi<> ? — They principally took place in 1835. 1^5. What were the terms of the grants ?~No conditions of settlement, bat simpler tfele, purchase; they are not generally in litunliuns where settlements wouM grow np. i<-i3iji> 16^. After the timber is cleared from these Innds, what wiU be their c^|Mbiltiye* A^" agriciiltoral pufpoaes ?— Tlie;^ will be well adapted for agricultur*; a smdr«|iifitikltit^V»f'"'' pine, girowiiigbn land, is no indication of barren land. ' ' "' 1O37. What prices do such lands generally realise T— The lands have been trald fors*/"^ to loi. per acre, in large tracu, where, of necewiiy, there would be a great variet^ nf " ' quality. i6!S^; Have there been many kMi of the above land over tjomn acres diapostdof)^. ProhaWyabootit ori4. '<(' 1640. Whatquantitf of land of this description remains in pstsenlan of and^atlheii'''' disposalof the Qfoainf— About 5,000,000 acres. ,. , ,, 1 ,) , ji ,r\- 1641. Has thcK recently been a grant of some extent nod* to ibt Xfcw Br«nnrmt im^ , ,it Nova Scotia Land Company ? — Yes, upwards of 500,000 acres were said tbanby ;th^,Uam«^,(it OovarnaMit when I was in England in 1834, and the arrangements completed m i834> < . iq 164a. 'Can you give an outline of the terms and conditions of this sale f— The terms were! i 31, 3d. sterling per acre, to be paid in eight semi anniral inaiahnants; asubsfquent gianti'ic has passed lo inclodt ttw right to all mines and minerals in the company'a tract. •'■ 1643. Were there any conditions of settlement 7— There were no oonditioniexactM. 1644. What is the position of this tract of land, and has the company madir any progresa in infip^Ovihg it?— The position is extremely fuvonnble; in the'heait of the prDv{Nee', ij* with the Rivtr Nashwauk flowing throogh it, as alto the south-west bmhi^ of thc^ Mi»- >"' rami«M'int)er«eeting n part of it ; the Company have expended a large Shib nf MOW^ iiif'>"* ratting a mad from the royal road to the town of Stanley, which they have estabMthe«i on"'"] the River Nashwauk, about 3o miles from its confluence with the River St. iolm; there af» <«j| also valaable millawreeted, aid other improvements. ' ^ ' 1645.! bithasoilconsidcrtd favonrablefbr agricattura^Tlie soil vaiicsinqt^i^on sO'tn largBaitraet.of laad^ but large parts of it am exceedingly good. i$4d. Arc tlierc mines or minerals worked iu the country ?— An extensive lease ofiiinea tuid niineriits in the county of Qlouccster was mudv niraut a year ago, and miners have since |4»'i"i iq ■ were . gimot ■ , , . ■ i . r ■ id, ;'■ opem ledoii "> ■!««<»■■"» lOD Mill lilt ihsve BRITISH NOirril AMERICA; 151 oaf fince ■ioob thkni AoWi Bngfamd, fbr the porpoM of working the oopper in that •Niiiy,)'WbMi hu kma feaDd to be of the flni ouKtv ; mother leeie wea gnaoe toan yten ago to a ' com|ia^y, for tl|e parpoie of wofbiog tneeoal minet on the Oiawl lahe, and (hey are now in the act of digging to aaceruin whut tiraia can be diicovered ; another Icaw wa> nadfe of OoaVinahe pamh of St. Mwrtin, in the county of Si.Jahav and another Icaae wai made of minet, in the parUhe* of Wooddoch and Wakefleld, in the conoty of Carleton. 1C47. Are tiine all the minet and roir«i jIi at present known to exitt in the provinoe h^ By no neant, coal it to be found in many oilier diatricit, of an excellent quality, and other miiicralt are oIm known to exiti. Other applicaiiom have been made for minet and minerals, but I do not think ihe leases have yet issoml. 1648. Are all the above disposed of on (he same conditions ?— Yes, I believe they are, with only one exception. 1649. Cun you state what the conditions ore? — Leases for a term of 50 years; tlie ininet are to be wnrkrd within a term of five years, iind to be forfeited if discontinued working for a period of 13 months; one-twentieth of the produce, after a fixed number of years, varying from two to five, to be the properly of Ooverninent. 1650. liave any of the minet oonimenced in make a return i — Not yet, in contcqiienoe of llie.terui granted before payment, which wat made in consideration of the great outlay that mntt, in all catet, be required. 165a. Aw there any of those minet in operation at prcaent ?->-Only thote at OInucester, and At tlie liced of the Grand lake. 1653. What do you consider to be the extent of a mine?— The radiui of a mile from the centre. 1653. It there any clanie in those lenses to prevent other mines beinc worked in tlie neighboarliood i — Only such parts can be restricted as are desaribed in the lease, and that only fbr (he period named. 1654. Arc ravourable expectaii.ins entertained of success from the above undertakings t — Vkry wndi (o in regard to the mines in Gloucester, as I have underst«M)d ; the original lessee,' Mr. Stephens, wlio proceeded to England, lor the purpose of getting an acccttion of capital, wat to receive a bonus of 3,000/. a year lor 10 yeais, together with a salary of 500/. as superintendent of the wc' J ; I have understood that the copper it found par- ticuhwiy applicable to the use of ^tiuted goods. * ; "> ' "ii < 1655. Doet the Crown at present receive any revenue from timber? — A very larj^ revehtK, ' " 1656. How are the rangers or deputies paid ?'— They were formerly paid by fees from the lumber-men, varying Ironi 5/. 1030/., according to the extent of the ktilh; but in 1830, I dtd, under sanction of the then Lieutenant-governor, commute thote fees, by rxaciing jcT. per ton on timber, and 6d. per foot on logs for lunibtr; and from that peritxl have had the payment of my deputies in my own hanos, requiring them to transmit to iiie periodically an attested account of their services, which accounts are regularly laid b^|'or^ 1'^*^. the Lieptenant-governur and Council. ,i. ,.,. 165^. b the above revenue entirely proceedt of liuenset granted to cut timberi^¥/pv cxciuiiivei>. „ ;„ , , ;,, ,.,,',.„,„.., i6|^.liyil!;ff ;i^id (hat system of licenses commence? — About iSao or i8ai, at which lim^,^,||r^^|ltt> the deputies of Sir J. Wentworili, who was surveyor-general of woods, but no revenue WMi^*' derivMforitiK benefit of ihn Crown. 'V/ . ' i66>. In whnt mai\ner are licenses applied for and obtained f Prom ifti5 td ift^S,'' ' licclMM HMK^fM*^ VvnoS'ibr one year, or to the 1st of May succeeding the permd of appn«iliMn;-U'e^"|(rihi(ld;' by petitions to the Llentennnt-governor, which petition Wa#"^ EvMniaa.''*'' Hon.7riiialt. dtiM ilo ■■■I n m.( and trantmitted by me t« the teveral deputies, to allow the ground to the pnrtiet. ,.uii 1663.: What waa the price of obtaining a lioente and lor uiaking the aliotaicnt ?-^Irt > 1834, M>e jM-ice of white pine wat 1 *. per (on, red pine it. 4d., lo Government, together with feet, varying from 51. to 30/,, according to the extent of the license ; in 1895, 1 raised, the price Of red pipe to 1 1. 6d., at it bore that pro|iorlion in (he market ; a furtlier ris« :;.„ toolt,plafj«,m l83a„tO i,t>6d. for white pine and St. lor red; in 1835, the pricet were whiifrnHt pine.a4w,irfffifif«P<4i l>'r*'h tc.6d., lumber per square tuperficial foots*. 6d.> and theaotir> prior' contiuu^:imY> I . ' irit 1663. Whnt hat been (he course pursued since 1835, towhicb tiie foregoing italemenl< .ii. rer«n?>Mln 1835^ iiccntat for five years were issued, with a view to induce the party toi husbaiH* ihc timber standing on the gronad, us under the one year syaiem tiw party c«nN|'i>'>> O.^MM§|J^> J.J..I Wt'-:i!'U 31 3 .tint ll> • M|.,l> •!•!*, *]ii only t'l-l <. mtltl Itltc . >•!! .) io ;llHi.;.> jl\l 111 li.l >■ ^ i • I I ; f >«• APPENDIX to RBPOitT ON TttE AFFAIRS OF ^jiAiiu. mW to wlMt the largnt aod bnt limW, ha* iog of ooune littla nguA to what wmrian!, ..;;,. -m— u nil iniemt would th«n expire. Hi«. 7. fiaiW*. 1664. Ooet ihii arrangprneni itill continue f— The liceniet are ttiil in effect; bat no fretli oMt have been pasted since ilie Civil Lint Bill. 1603. How are licenses obiuined ut preteniT — ^The lic^tei are now sranted annually only ( and the price* are oi etlaMiihed by me in 183&, and e«abli«hled by law in iS^t. - I006> It the iyNone, except the proceeds of sales of timber cut witliout license, which sometimes pays double duty, and that which is condemned in the court of Vice-Admiralty or any other court of law. 1669. This amount is included in the account you have given in of Crown nevenoesf— Yes, so far aa regards the double duly; but not the other amount, as that did not come into my hands ; it is, however, very trifling. 1670. Do these proceeds now pau through your office J — No; the transactioas are arranged and entered in my office, out the proceed* are paid to the receiver-general. 1671. Do the practices you have stated above in regard to licenses still cxiat? — No; in 1837, an act to provide for the civil government of the province, ns also an act to restrain the fifth clause of that act, was passed by the legislature, which gives them nearly the nnlimited control and net proceeds of the Crown Uinds. mines, timwr, royalties, &c. ; for which they undertnke to pay ihe sum of 14,500/. currency per annum to Government. All matters, therefore, since the above period, in coinmiiiee of executive couQcil, the abstract of all timber petitions being prepared by me, in the same way us those fur land. 167a. Are you aware if alterations had been made that diflfer from the regulations respecting licenses to cut timber, existing previous to this act f — Yes; tlie alterations are very extensive, aud in my opinion exceedingly prejudicial. 1673. In what particular do they differ from those previously existing? — Giiiat and unnecessary delay now occurs in peiitioners receiving answers to their applications. Pre- viously the answer was given on the instant of presenting the petition, and on payment of tonnage-money the license was issued ; thus making but owe tranaaciion. At present it is impossible for the party to get an answer made under three weeks or a month. 1674. Is there any other objection existing in your opinion to the present system? — Yes; by the act to restrain the fifth clause of the Civil List Act, parties obtaining license to cut limber are allowed to cut any excess over the quantity staled, provided they make application at the Crown liUnd-office before the ist May ; and as many of the luml>er-men would be disposed to take advantage ol the facilities thus given to cut a hirge quantity of timber, when they have only paid for a small proportion of it, it would doubtless have the effect of greatly reducing the receipt of the Crown revenues on these transactions. 1675. How IS this the opeiaiion of the system you allude tof — 1 consider it quite neces- sary that a vigilant su|iervision should be constantly kept over tlie transactioiu of lumber- men in the woods, by visits from the deputies, in order to oblige them to apply and pay tor any excesses which they may find manufactured over and above the license, and this act allows them till the 1st Miiy, before any proceedings can be taken against them; conse- quently the quantity cut cannot be ascertained, because the streams are opeoed and the tiaiber in most cases floating down the rivers. 1676. Would this evil be the same, if another month than May was fixed as the termina- tioa of the license i — I think not entirely. I would not attend to any application for licenses after the 34th February, because by that time the panics know pretty nearly the 3uantiiy they will be able In make before the season breaks up ; and then the ranger can, uring the month of March, see what has been done, previous to the breaking up of the streams in April, and report accordingly. 1677. Has any plan ever been recommended to obviate the above f— Yes; several have Men recommended by me. 1678. Do the fees for obtaining those licenses still continued — No; aU expense is included in the price of the timber. 1679. By what method do you ascertain the quantity of timber that has been cut under lioenses and liable to duty?— The officer can estimate pretty well by counting the slicks and measuring the contents of a few of them. 1680. How is the money collected? — ^The party paying applies to mv office for a certi- ficate of the amount due by him ; on his several applications he leaves tHis certificate with the receiver-general, and pays in the sum. 1681. What is the expense of this mode of attesiment and collection ? — Deputies are paid tos. per day, daring tlie time they are employed in the woods, out of the gross receipts. .0. .i6«i. Is the lumber at any expense beyond the duly? — None whatever. >'. ■ 1683. From the return of duties given in by you, it shows a rise of Qd. per too from 1830 to BRITISH NORTH AMERICA. «33 s»- ^ber- ibr act tnte- tlie liina- for the lean, the veral be is lader Iticks perti- Iwiih paid |iU. I1830 10 to 1835, and the wim duly now exitli; U this a fair duly, (oituble to lli« auurket at pre- EvidtoMb •ent T— I think, considering the ataie of the home market, it it a fuir price. aUhoagti —— private individuals frequentlj obtain much more. Hon. T> UailU*. 1684. Od an average, what quantity of limber do you consider an acre of land produces T — It it impuitible to give un opinion. I have tcnown upwards of 40 tons cut I'roui one acre. 1685. la there any difficulty or delay in the present system, in settlers and persons apply- ins for licenses oblHining sucli grants and licenses, on tneir agreeing lo tlie terms required i —Yes; the inefficieocy of the office eHtablithinent causes an arrear of upwards of one year's grants, being more than aoo in number, which naturally produces many complaints, and is certainly a just cause of grievance. Licenses must be kept up to prt-veni coiifusion, whiqh would otherwise of necessity arise. 1687. With good and proper arrangement, in what time would a settlt^r be in possession of his grant ?— His grant ought certainly to issue in six weeks alier the money ia paiil. 1688. You have stated in previous evidence, that the establishment recommended bylhe committee of council is insuAicient to the work ; what do you consider would be a proper establishment for the duties reouired ? — I think two additional drnfismen and one copying clerk, together with two compilers already approved by the Lieuieniint-govemor, indis- pensable to carry on the duties of the office witli satisfaction to the public. This addition would call for an increate of probably 500/. a year. 1689. Is this increase proposed as a temporury measure? — No, as the prosperity of the country advances, lo it is natural to suppose that the business will continue to increase as it haadone, which is now double what it was when the establishment was granted. 1690. When was the present establishment of the office fixed ? — In 1830, when a com- mutation of my feea took place. 1601. Have any lands been granted in this province for promoting religion and educa- tion /--Yes. 1693. Have you any observations to make on the state of surveys as now carried on in the province i — All extensive surveys lire for the preieul .'suspended ; I was carrying on a general survey of the province, when the act of last year took all power out of my hands ; no survey of tne province has ever been made, and the surveys of the old grants are ex- tremely erroneous and expose errors and collisions which could not have been supposed to exist. 1693. Does it ever occur that different grants are made for the same lot of land? — It fre- quently has occurred, and might continue until a thorough compilation is made of all surveys, which I am now authorized to commence. 1694. Is there any difficulty in procuring competent persons to act as deputy-surveyors? — 1 have several very good ones, but they complain of the want of employment in conse- quence of the regular surveys having ceased. 1695. Are there any surveys made except by authorised surveyors of lands, which have already been granted r — ^There are. 1696. Are such surveys recognized in courts of law P--Yes, there is no law to prevent any one surveying. 1697. Does this system tend to depreciate the value of property in the country? — I think it pernicious, and it will some day be very injurious. 1698. When a settler applies for u plot of wild land, which he points out in the country, how IS its position ascertained and placed on the map to secure the settler in his grant? — The usual practice is to measure from the nearest bounds of some survey or granted land. 1699. Can this be relied on as giving a settler a grant of land that cannot be disturbeid i — Not without great care and u greater expense than a poor settler can afford. 1 700. What method is followed in the formation of roads in ihe country i — ^All these matters have emanated from the legislature except in four cases, the most important one being the roval-road from Fredericton to the grand fulls on the east of the River St. John, and tne roao from Fredericton to Peticoudives. * 1701. How are funds raised, and is there statute labour in the province? — The funds for the firat-mentioned road came out of tlie casual revenue, that of the last was paid out of the proceeds of the commutation of quit rents. The statute labour varies from 20 days' work to three 4iaya' uocimling to the estate. 1703. What does a small farmer pay f — From four days upwards. 170). Upon what aoale is the labour regulated i — On the value of property. 1704. Doyouconsider that thia system is one that works advantageously to the province? — ^No ; I think the labour for the moat part thrown away, half the amount of money judi- ciously laid out Would be preferable. 1705. Are annual grants made by the legislature for this same purpose?— Very ex- tensive srants of public money are made, and the great roads throughout the province have been of late years very much improved ; the bye-road system is, I thiuk, very bad, as the money is frittered away by small grants for portions of road. 17^. Are those funds managed by commissioners ? — Yes ; commissioners are appointed by the Lieutenant-governor and CouaciJ, receiving live per cent. 00 the money expended. 3«~in. X 4 The >M APPENDIX TO REPORT ON TUB APFA1K8 OF Evidwor. The gmi t%ma% die lunnaKcii by «up«rviton, who rtcvlve lo per wot., aod w« appoialadi bjr IM LicMMMBl-governur mm Coancil. 1707. An llioM generally penoM who arc qualified for the butineuT— Ocnerattf Modr- iD|i, I think not ; tone of the •■pervims an very good, and lome few of the ooaaauiMMen majr be tolerable. 1708. Are tlie road* kid oot by the eommiMionm F— No •yitam hai ever been adoptod* and the executive are quite ignorant of the direolioni of the bye-roada. 1709. Hat the Miilement and proaperiiy of the proviuee advaneod of late year* ai maoh aa iu natural capabilities and retourcet liave led yuu to expect from it? — By no meana. 1710. To what do you principally attribute the ilowncM of impm*einentT — ^To want of a lyttematic cncouraKemcnt of emigratioa, which, in addition to opening up the exteniiva furetu, would naturally increaae the cootumption of the Britith manufactures, and thereby increaaa the reyenue.ot the province. 171 1., Have any great exertions been made of late yeara to introdnoe emigration ? — None whaieMrkby the Oovemment, beyond the appointment of agenti at St. John'*, St. Aadrew'a and Miramiehi ; the two latter have been diioootinued. i7ta> Have many emigranii arrived in the province on their own account? — A great many, particnteriv ai the ports of St. John and St. Andrew's; but they generally pnweed on to the United 'Stales, os there is not sufficient encouragement For them in this provinoc. 1713. What progress has been made by thote, in settlement, who have remained in the oouBiry? — ^Thosewno have obtained ' euiployu)eni tmve done well; also ihoae who have had money suflScient to obtain land, or to pay «>ne instalment, with a trifle to aet them going. 1714. Do you consider there is sufficient encouragement for agricultural settlers, pro* tided they ue scitJfilKtir land without fuifber expense, but whp have no capital to begin with? — Pmvidra a small stock of provisions was bestowed on them with the land, I have nodoubl^|)yi,9,ooo or 3,000 families could be advaniageouily, settled annually for iooany years ip pouie. 1715. Would thoee parties be. able to pay down, or buy. tli^ir land v.ft/uture period, by jnstahnenit i — 1 think by instslmrnts, without any difficu'liy, and 1 state this without any hesitation, because hqii4feds of.aquaitrrs who have taken posseMion of Crown, Unds now possess cleared farms, varying from 60 acres downwards, besides valuable stock. . 1716. HoWUmb^ yearsiwoujd you gi-^ before you demanded anyfinstaknent M-ln three or tour years theyunight begin to pay for their land by instalments. < *, , , 1718. Are there any other causes likdy to prevent improvement in emigration, besides those you hpve mentioned f— I think that one of the impecliments towards the aui|!eMot emigrants is, that they arrive wit)i erroneous notions with regard to wages. 1719. Do you consider there is injury felt ot present from owners of wild lands not con- tributing towards improvement ?-ries, I do; especially when the land happens lo be wh^re a road passes through it to a settlement, and when it stands in the centre of improvement. 17SO. With reference to snch existing evils, and to prevent future occurrences, w(ial would yon propose as the best method ? — ^Thai the owner should pay a lax towards im- provements. 1731. If such a tax were determined on, and the proceeds of it judiciously cxtciMied towards improvemfnis in the country, end to promote emigration, what do you think would be a fair amount fdr 100 acres i — Five shillinga per 100 acres would not be a bunlen. 173a. Can you furnish a plan of the province, to illustrate the foregoing remarka?— I can |>ret>are one. 17«3. Wliat number of squatter: or persons having no title to the property they occupy do you ooiisider there are in the province? — ^Tlie last return gave upwards of 1,500 familiea; about aoo of ihem have since applied fur the lands, and paid a proportion of purduuc- money. 1 714. Do you consider that this number is increased i — I do. .1735. WItat steps could be resorted to as most likely to remedy this miachiefl — A care- ful inspection of the tracts taken up by them, and survey of the lots, sii as to enable tli Government to give them titles when they apply for land. 1736. Where are these persons chiefly situate?— The greater number are on the border of the province, ana about the centre. 1737. Are there many on the borders of the United States ?t— Not a gtea( inavy ; so •• few are 10 be found in those settlements. . 17*8. What, in your opinion, is an average price for agricultural labour? — From ;^i, to ^i. bd. a day, whicli iiicludcH their living; few farmers, can afford to pay theoi.at this r«te ; if labour was brought 10 11. a day, much more could be disposed of. 1739. Are the wages the some at all seasons of the year? — It is not so mudi in winter by about 6d. a day. 1730. Is there a scarcity of labovr in the country ?— ^I ihink tiiere is; but the difficulty is to' |>ravide tor ihero in the winter, os much fewer are of necessity required at that season vf the year. _^ Tlie .to Iter BRITISH NORTH AMBRICA. »»5 The Honourable G«Drf« SAor*. 1731. HAVB yon been many years a reiidrnt ia this province? — Yci, tinea t8o3, durinif which lime I have not been abMnt from theoe coluniet. 1739. Have yuu held any official Miuation? — I formerly held the tituaiion of depaiy •urveyor-general, and of auditor; and now hold ihv office of prothonotary and clerk of llic supreme courtt and hxve been a member of ihe council since 1831. 1733. Have you attended to the system of disposing of Crown lands since the regu- latiun of sale in 1837 ? — I have. <734- What, in your opinion, was the effect of that system, as to the settlement of wild lancis) — Injurious, generally speaking. I7t)5- In vrliot particular do you consider it acted injuriously ?— It enabled vast qnan- titim of land to be purchased by speculators, who did not settle them, but held tliem in a wiM sute, with a view to future profit, thereby preventing the improvement of the country. 1730. Did the parlies pay the purchase-money for their lands? — Many did, but others failed. 173*. Did the ccndiiions of sale in those cases require settlement ?— No, it was a boni Jidt «aW| and had no conditions attached. 1738. Wliat is the system now pursued in disposing of Crown lands?— The system above alluded to was continued till 183^, when " An Act for the Support of the Civil Govemment of this Province" waa passed, givmg a new system for managing Crown landa, and which is now followed. 1739. In what particulars did this system materially differ from the preceding one? — The granting of landa under the former system was confined to the Governor, upon the lecoinmendation of the commissioner of Crown lands only. Under the present system grants can only be passed by and with the advice and consent of the executive council, which I consider a great improvement, nnd the granting of large tracts has been discon- tinued, and now confined mostly to lots of from 100 to 500 acres. 1740. Are soo acre lots the greatest that can be disposed of under this regnlation ?— No ; there ia no limitation aa to quantity. But the Government now discountenances the granting of large tracts, as being more likely to facilitate the speedy settlement of the ungrauied lands. 1741. How has this system operated in settling the province?— It has operated very well so fiir as it has been tried. It has only been in operation about 18 months. 1749. On what terms is land now conveyed to ine settler? — The lowest terms are 9s. 6it, per acre for actual seitlement; the land varies in value 10 an unlimited amount, Hi'Cdrdiiig to character, situation, or other advantageous circumstances, such as possessing mill sites, intervale, 8cc. 1734. Do all granis now made include tprms of actual settlement ?— No ; land that is sold at public sale contains no such stipulation, only thote who apply for 100 acres, for the purpose of actual settlement are bound to reside upon and cultivate their lands. 1744. Are there any advanlaees offered to the actual settler in purchase of land, in prclcrence to a speculator? — Yts; the purchaser of loo acres is allowed to select bis spot, and his land is not put up for public sale, and it is generally sold at the lowest rate per acre; via. 9s. 6d. 174^. How is the purchnae-monev required lo be paid? — ^The purchase-money roust be paid within 60 days, or the lands becomes forfeited, and open to oilier applicants. 1746. Does this system remedy the evils complained of, as appertaining to the old system, which enabled lands lo be taken up by speculators having no view to immediate settlement and improvement? — ^The land now is not offered for sale in lots of more than 400 or 500 acres, which does, in some measure, prevent speculation. ijij. Is there any law that would prevent mure than one grant being made to the same individual? — There is no law to prevent it; but the Government discourage the {ranting of lots above 500 acres to any individual. 1748. Does not any attempt to enforce limitation admit of evasion, by grants of land being taken out in other names, and by beinff transferred ? — No doubt it dues. 1749. What would yuu suggest as the best remedy o remove the evil nrising from holding blocks of land as above described, and as possible lo check a continuance of the same syaiem f — By a judicious legal enactment in the way of a tax on wild lands. 1750. If such a tax was determined on, and the proceeds judiciously applied to im- provement! in the country, and to promote emigration, what, in youir opinion, should oe its amount ? — As far as the tax would apply to large tracts of land, I should think from 1 *. to 5«. on 100 acres too much ; and the lax sliould be applied to other lands on Bvidance. Hen. Groff « Sim*. condition legislatun «75>. I see n>' the tint> applicnti .Govcrno. has his U 3.-111. improvement ; >■■ aniwer immediately; dodajrt are allowed for the paynent of the monej, bat ik> "•■•"**»* ***'• more, ai afker that time the grant i* forfeited. 1^53. Has the process of granting timber liceniet undergone any material change since the act of last year ? — Yes ; the granting of timber licenses is, by thtf present law, trans- ferred to the Governor and Council, instead of being confinetl, as formerly, to the cpm- miaaioner of Crown lands ; and the applicants are now limited to smaller quantities of land to cnt from. 1754. Is the supply of timber equal to the 'ieroand in the market? — I think moredt preacnt. 1755- Are yon aware of any change that might be made in the system of granting licenses that would operate to the benefit of the country ? — The present system will no donbt admit of much improvement, and the subject has erigro^ed much of the time and at*ention of the 'ocal Govemmeni- It is beset with many difficulties ; great trespasses are eomasitied, and to remedy this evil is not an easy task ; this matter is under the cousidera- tion of the Government. 1756. Wliat proportion of squatters are considered to be in the province? — Upwards of 9,000, 1 should think. 1737. Are any steps taken to induce or encourage them to obtain grants of the land they occupy? — Yes, they may have their grants by the new act, on very advantageuus terms. 1758. What are the terms? — They may obtain a grant not exceeding 100 acres by paying 13/. lot. either down, or by four annual instalments. 17J9. Do many take advantage of this act to obtain grants of land previously occupied by them ? — Many instances have occurred. 1760. Do you consider the present system will Irad (o lessen squatters in future ? — Cer- tainly, because the system now allows any individual to apply for any lands so held, and causes the squatter to come forward and apply himself or run the risk of his land being granii'l to another; this operation has been frequently acted on. 1761. Does this rule apply to private property as well as to Crown lands? — It does not. 1762. In your opinion would it be advantageous to tlie province, and piirticularly to that part of it nearest the boundary, to apply this system in all cases? — I think it would, but there appear to me to be great difficulties in the wny of applying tliis rule to private property. 1763. U the system of rontl-inakin!; generally approved of, and such as you think most beneficial ?---I do not coniider the system acted upon by any means perfect, but our roads of late years are much improved; supervisors of the great roads are appointed «nf:nally by the Lieutenant-governor in Council, coininissioners ot bye-roads are appointed by the same auihurity ; ihe system ot statute labour admits of abuse, and I think would be much improved if money were paid instead of labour. ij^4,. Is the superintendence -n roads under this system as efficient as desirable? — Many of our supervisors and commissioners of highways are well qualified persons and understand the business ; but 1 think that a general and scientific supervisor is essential to ensure good and permanent roads. 1765. Have you had opportunities of observing the progress made by emigrants wh6 have settled in the province? — I have. 1766. What class of emigrints do you consider ns most called for or most successful? — Those who have a knowledge of agricultural pursuits ; emigrants from the north of Ire- land, have made good settlers, also the north of England men, and lowland Scotch make good settlers. 1 767. Provided luch settlers are located free of expense on good soil, in what lime do you consider they could contrib^ite towards purchase or rem ?--Iii five years. 1768. What could a settler afford to pay after that time i — The fifth year he could pajr 6d, an acre, with a trifling annual increase. 1769. ho you consider they could pay 1 1. an acre after seven years ? — I think they might, provided the emigrant was allowed to have a share of the road-work. 1770. Would such terms with an option uf purchase at 20 years' value of wild land, or a lease for ever be such terms as would be likely to induce emigration and to oon- iribute to their success r — I think such terms would be advantageous, and would be attended with success. 1771. What capital do you consider an emigrant ought to have to staxt with, their famiii-tfT averaging four persons each <" — I think an emigrant with a wife and two children, if on tiieir arrival in this province, they are to proceed forthwith to their location (say in June, what I consider to be as favourable a tiiiM: as any), must be subsisted for 16 months, which at a full ration for himself, and a half ration each to his wife and children, would at gd. per ration, ■mount to about45/. currtncy : he must be assisted with food lor this pciiod if he is expected .to r4nain on his land for the purpose of clearing it. The first summer he can grow nothing, cicept perhaps a lew potatoes, and not even those, unlets he is a very active and induai'ioua -penoD, consequently he can reap nothing the following year, until the month of September and October, when iiiii crop may be gathered. Ilis hut must be built for him, assisted by his own labour, which would perhaps cost to/. The tools and implements of husbandry, to be furnished in the first instance, should hi. two iiurroiv axes uf the best quiUity, such as are 4>ommonly used in this country, 91. ; a whip saw to every six families, 20/. ; a croia-cut aaw to every six families,. 35*. ; each periinu iwo augers, inch and a quaiter and half inch, 71. ; each aettirr two good hoes, 71; i u liand-'saw, JScc. 101. i wiih ihis trilling aupply a* may venture tu comfiiieucc «^ *y T^k"^' BRITISH WORTH AMERICA. *sr Cqinmctiee operaljohf . A cow for every four familie* for tne fint two year* wovM b« veiy EiridMin dcuifable if fodder could be obtained, and it would be necessary to induce lucceu in toe S~^^ ■ndertaking that a pair of stout oxen be provided to every four families to log up their Hon. Cfofg* SWe. ts/wpping, aher being felled ; ^here the kml is heavily limbered, teed wheat, oats, and poutoea must also be supplied the first year of cropping. This would all amount probab^ tn 65/. currency for each iaiuily. In new settkiuents the greatest advantage is to be derivta trom the erection of an oat-mill and ki!n, in suitable sitaations, upon a simple and econo- mical plan; an oat crop is always certain, and affords good food when made into nteai, and greatly assists the new settler ; the straw also is very useful as fodder for a cow or oxen. 1773. Can you furnish a census, showing the population of the province at diffennt periods?— ^^j, Population of Now Brunswick, in 18S4. ,.. lu £j.;. W H I T B 8. PKOPLE OF COLOUR. I'll TOXALuy, .f "" Miln. Feiulei, Mtlet. Feaulti. AboT* 16. I'ltder 16. Above 16. Under 16. Above 16. Under 16. Above 16. Under 16. PSR80NS. ««,«38 »7.>54 16,646 J6,as5 384 355 4H 369 '^•"« .r, 3M77 S9.0O9 Popi 87.797 ilstion of Hew Brun 88,031 398 swick, in 359 1834. 496 37I 119459 1773. What number of militiamen were in the province last year, and nt intervals 10 years preceding ? — ■Strength of the Militia, New Rrunswick Taul Sinfigtii. In the year 1817 , - - * - 6,389 [^' „ 1837 - . - - . 17,800 „ 1837 so,aia Including onicers and non-commissioned officers. 1774. What ages mtr. included in that return? — In the rank and file rate 36 and 45. 1775. And no non-commissioned officer in this return as to age? — The age does sot refer to non-commiMioned officers. 1776. Do you conceive the above return includes all the men in the province? — I think a great number are not enrolled ; from 3,000 to 5,000 persons are not included in this return. 12. Hayne, Commissioner, N. B. nnd N. S. Land Company, Fredericton, 5 October 1838. , y 1777. ARE Toq superintending the new settlement of Siiinlev ? — I am the commissioner cf the New Brunswick and Nova Scotia Land Company. I have, in consequence, the si'perintrndence of the coropuny's establishments and settlements in this province, of which Sti^nley is the chief, The nccompanying plan and man, with its respective references, will fnrr.ish you with much general information as regards ine soil, situation, &c. of Stanley and its neighbourhood. 1778. Will you state the formation and progress of that pl6re?'^The foundation of this infant settlement was laid ir 1834-5, by the erection of a saw and grist-mill, a blacksmith's shop, soitie carpenters' sheds, and a few temporary dwelling-houses. In reclaiming the wilderness, with a view to the ultimate formation uf a town or continuous settlement, the above buildings are indispensable, and no expense should be spared to obtain the best information previous to commencing operations. Stanley now consists of 36 houses, inclo- sive of tv/o saw-mills, a grist and oatinenl-inill, a large store and granary and schoolhouse, and has on the town plot and immediate neighbourhood of the village 170 acres of cleared land under crop. 1779. 'Vhai is the character of the soil ? — Tlie tract of land belonging to the company is too large (580,000 acres), and nut sufficiently known to permit me to speak in any but general terms of the soil, which I have every reason, however, to believe is chiefly of a Mwd ouality. That portion of it which surrounds Stanley, for two or three miles on each aide of tne Nashwauk, is excellent, and capable of yielding nny kind of grain or root crops. 80 also are some scattered blocks on the Berwick, the Mactaguack and the Nacnwiokack rivers. There are also some good blocks of hardwood and intervale lands on the S. W. Miramichi, but they are not of frequent occiirrenf:e. I must here except the line of the portage road from the head of the S. W. Miramichi to the River St. John, a little below the Hiekitihok, which passes through a beautiful cou.iry; the lands bordering on the Nashwauk are particularly well watered. 17101. Have industrious settlers improved their condition, and have they fair prospect of succets? — I.' J iue, yv^Z, 15 families came out from the neighbourhood of Berwick- J. — III. Y 2 upoB-Twced, -i^l R. Hagnt. ! I ^ If ««iP APPENDIX TO REPOItT ON THE AFFAIRS OF ifvidnM. upon-TwMd, under an agreement with the company that, on their arrival, thejr shonM be —— put in ponpMJon of a comfortable log-houae, with five ncrea cleared and under crop. But, JI. Hagnt. owing to the extreme tcarcity of labour, the hii{h price* of prOTisiont and other circum- (lances, over which the commissioner, my predecessor, hat) no control, unfortunately neither uf these work* were at numplished. The people were, however, put under cover, and employed in clearing the land on their own nllotmenta, building loi^-house^, making roads, flic. At very high wages. Most «if these fiintilies earned from 160/. to 900/. darina the first 17 months; notwithstantling this they are all in debt to the company, althougn they have not paid one farthing either in the shape of rent or purchuse of their (arms. Thii circumstance has tended to confirm the impression which a lon^ residence in different pert* of Lower Canada, and 15 months passed in this province, has made upon me, viz., that much encouragement and intlulgence in the way of wages and provisions are as detrimental to the true interests of the new settler a* they are to the prosperity and advancement of the *ettlement. These settlers have now, on an average, 10 acres cleared and under crop, and two acres chopped down, good house* and small burns, and are decidedly improving iheir condition. Towards the fall of the same year, 1836, 48 fumilie* arrived from the Isle of Skye, Glenelg, &c. under a similar agreement, but finding these people, with very few exceptions, so idle, improvident and so utterly ignorant of the simplest agricultunit pur- suit, that, in the face ol a debt of upwnrds of 100/. per family, I was induced to hold out a premium of from 61, to 8/. to each family to quit the company's territory; and I ana rejoiced to add that I have succeeded, with the full concurrence of the court of directors, in gettins rid of all but 10 families, most of whom are now doing tolerably well. > 1781, What means do settlers require ti> set them up in new locations f— Emigrants 1 wholly unprovided with means, and coming to this country under the auspices of Govern*'' ment or any public company, ought to be provided with a log-house, as a covering only, ' for the first two or three months after arrival, two acres under cultivation, one in potatoes, the other in wheat, with a spnde, an i able to the company, if the system be carried to ;in extent beyond the mere formation of settlement, tir the collecting together of a body of stcutly a<;rifult'jral labourers, preparatory to the introduction of persons of enterprise and capital, which will be made evident by the following calculation: — Clearing five acres, at 5/. per acre - - . . - . Cropping ditto, at 7/. 101. per acre . . . - . Log-house, similar to >hat now occupied by the Berwick emigrants -...----. £. £. 7 10 - 35 >o - 68 - Thu* leaving only 3a/. to pay for each lot of land, inclusive of the exprnses attendant oa survey, &c. The houses of the Skye eniigrnnis are not si> ex|iensively built as the abtive. 1782. C'in they repay any portion of money ailvancetl, and in what time, and how much per year? — In accordance with my calculation, in reply it) query, No. 5. as to what should be done for settlers of the poorer class preparatory to arrival, I think no payment can be made for the first three years. I am strengthened in this opinion hy the fact, that none of the settlers on the company's lands have yet repaid any portion ol the advance* made lor tJieir passage to this countiy, or paid up any rent or instalment for their farms, notwith- standing the advantages which have been afforded ihcm. 1783. What arrangements should be mode previous to the arrival of settler*? — ^Thi* Suestion lias already been replied to in my answer to qnery No. 5, ai regards the poorer asses ; but with reference to the better class uf agricultural labourers, I should recom- mend the same arrangements to be made for them as fur the ptiorer class, only diey should be required not only to pay for the improvement made on their lands, bat also to pay an instalment on the purchase of the said land tm entry; I, of course, suppose that this olats have sufficient capital to maintain themselves for the first I'i or 15 months. 1784. Are there any points thai have come to your notice requiring attention to advance and promote emigration?— I'rom the specimens I have seen, 1 am almost inclined to be opposed to emigration tn mane, unless indeed a clergyman, or some person of high character TO Bf{ BRITISH NORTH AMERICA. >fi9 charaoter and reipectability, up to whom a body of emigranU could look with confidenca and recpMt, settles amongst them ; in this case it would be necessary to have as little dealing as possible with petty shopkeepers, and to lake every 'precaution to avoid the introduction of (piriiuous liquor* into the seitleuient. The most thriving and independent farmers I have seen in this country, or in Canada, are those who, on their outset, carried their pro- visiom on their backs several miles into the wilderness. Fortune and a good selection of land might have favoured them, but such is the fact; if funds were not considerations, I strongly recommend the course I have laid down in No. 5, to be carried out in different sections of the province : I allude to the construction of a ioghousc, and putting a certain qnanlity of land under cultivation prior to the arrival of the emigrant ; in all casea I should advise that the charge for lands be very moderate, and that each settler be compelled to clear three acres annually, and pay for his land by small inslnloients. Tliere can be but one opinion as to the class of emigrants who must inevitably do well, if they will but main- tain steady, sober and industrious habits: agricultural luoourers, carpenters and black- smiths will soon convert a wilderness iulo a tnriving settlement. Gentlemen coming to this country with a capital of from 800/. to 1,000/. can purchase and stock a good tarn^ which, with an annual income of 60/. or 100/., will, bv the exercise of common prudence and industry, become independent. No gentleman sliould go into the wilderness under the impression that he will there be able to earn a livelihood by his own exertions : I have witnessed many unhappy results from failures in such like attempts. Irishmen are better calculated tlian any other old cuuutrymt-n for back-woodsmen ; they stand up against difficulty and hardship with good humour and determination, und sustain privations of food and raiment in an astonishing degree: Lowland Scotchmen make good settlers; Highlanders are proverbially idle, improvident and unenterprising ; Englisiimen from Suf- foUt, Yorkshire, Devonshire and tlie agricultural counties, generally are valiuible emigrants. 1785. Will you make any remarks that have come to your observation to promote suc- cess and advance emigration, making of roads, Sic. 8c.c. i — A reply to this query has already been embodied in the foregoing, with the exceijtion of what may refer to roads, the fornia- tiuD of which I consider indispensable to the advancement and prosperity of a new country, as it not only develupes its resources, but gives employment to the early emigrant, enabling him the sooner to pay for his land. I should here suggest the expedieney of following the system laid down by the company on this particular subject, viz. that the emigrants of one year be employed in preparing f'H the reception uf thuiie who may arrive the next coming season, in clearing huuU, building houses and making roads, which latter should invariably be carried, in tlie outset at least, through the best of binds. 1 very much regret your sudden and unexpected departure from this province, not only, indeed, on account of its having deprived mu of un uppurtuiiity of siiuwing you the company's establishment at Stanley, but because it compels me to make a hurried and curinifed report, giving an outline of the present state ot the coinjinny's improvements with which his Excellency Sir John Harvey wus pleased to express himself highly delighted, during his recent tour through the province. Stanley is distant from Fredericton about 25 miles, the first eight of which are passed over by the royal ruud, the reintiindtr by a road made solely at ili-i company's expense, which cost about 3,000/.; ou the line of road, lots of too ocres are clesrly laid off, 61 houses are built und ^80 acres cleared and under cultivation. The towu-plut of Stanley contains 266 ucres, 1 70 of which arc cleared. The population of Stanley and the road katliiij* liiercto from Frederieton is 256. From Stanley to Campbell, on the south-west river, it) J miles, a road has been opened, well bridged and partially cleared of stumps; it will soon, however, beeouie iiiipiissabic, if the Government or an increase of settlers do not make some peeuniary appoinliiieiit, to complete by their voluntary labour what has been nt well eounneiaed. On this road there are aoo acres under cultivation, and three settlers establisiied. At Campbell the company have a small establishment, and about j6o acres under cultivation; there are about eight houses on the village-plut, which, with but little expense, might he made very comfurinble rcttidences for mechanics. There are only u few iicailered settlements higher up this branch uf the river, about six miles below Campbell, at Ilucesioun, a small village chiefly s;ipported by its mills; there are two horizontal strata ot a slate coal distinctly visible, one ah:>ut threa the other about live feet from the surface. There arc 33 lots with houses vacant on the road from Frederieton to Stanley ; two-thirds are good and eligible for settlement. There are a few excellent lots, without houses, on the roiul to Campbell ; the land through which the rond pusses is of un average quality. Un the royul road there are 36 lots, having miKni'shed houses on them, eligible for settlement. There are also other lots having partial clearances, which, if occupied next spring (1830) when the roads are in the course of prosecut'on, would become valuable ; otherwise the brui-h and underwood will grow up und render the land more diflieuli to clear than when eneumbered by the original growth of limber. The line of projected roiul to Woodstock (vide Plun) is eligible for settlement throughout. Should his Excellency the Governor-general propose any extensive plan for immediate emigration, I trust the foregoing siutcmcut, showing the numerous vacant lots and eligible sites for settlement may not be lost sight of. I further hope that a knowledge of llic fact, that the New Urunsvxick and Nova Scotia Land ('ompany have, within the short period of three years and a half, expended no less a sum than 80,000/. in reclaiming their wilderneSii lands and rendering them tit for the reception of the surplus population of the mother country, witltout any early prospect of a reasonable leiurn lor this outlay, will induce his Excelleticy to consider this company deserving the piiirunage . \' Her Majesty's Government. 3. — III. YJ fJharkt Evidenca, R. Hayie, •■ra r ' I m 'Vi ■i:«''i; I6a APPENDIX TO REPORT OTI TUB AFFAIRS OF EvidMW*. . P. IfHmore lUq. CAoffo Peten WttmuM, Btq., Clerk of tit Huaw of Anemblj. Itoad appropriatioiM in New BroMwick for the Year* 1830 to 1838, both inoluuTC. •.^96. WHAT official situation do you hold in thia prorinee? — Clerk of the' Hooie of Aiieinhiy. 1 787. Can yoa, from the doeumeNtf in yotir office, giVe ate imy information aa fo the manner of appropriating the monies for the improvement of the aevera! road* and btidi^M Ihmughnat ihe province?— The mode adopted by the Assembly in making appropriaiioA* for ihe road service? is to refer the matter to a committee of (he Honse, made op by « member for each county ; which committee report the sums to be appropriated, and M taiach (hereof as is required for great ronda is appropriateii by that committee to the respec- tive great roads, nod the amn'int to be expended on the bye-roada is divided betWAn flieaeveral counties in proport'on to the extent of bye-roads in each county, leaving the members to make distribution 'hereof; but no nurish gets any portion of the grand AnFeai certiAcatet from the courts of sessiotts, are filed by the secretary of the province and laid bvtfore both brandies of the Irgislatnre, slating the statute labour in that parish tohaVA been performed. 1788. Under wliose direction are these grants expended? — Great road grants arfc ey> pended under the directions of supervisors appointed by the executive in cnarge of each road; and the bye-road erants by commissioners also appointed by the executive after the close nf every session. These comiuissloners are usually recommended by the members fw the diiferent counties. 1789. What remuneration is allowed to these officers ? — The supervisors receive a commrt^ sion for theirservices of toper cent, on their expenditures, and the commissioners five peroent. 1790. In what manner are the accounts of expenditure made up, and how audited 1-~- Returns of these expenditures are made up under oath, accompanied by the proper vouchers, and are audited by a committee of the House of Assembly at every session. To this sam^ committee are alio referred all accounts connected with the expenditure of the provincial revenue. 17QI . Does this system of auditing the accounts give satisfaction i — Certainly ; for the members of the Assembly, being best acquainted with the situations and condition of ibe roads in the different counties, h«ve an opportunity of best knowing whether the monies have been faithfully expended. 1 703. Can you mrnish a scale of the appropriations for roads for a few years pail ?— Yes ; •nd (exhibit this abstract from the years 1830 to 1R38. (See Scale.) 1 793. Are yon enabled to inform me of the whole amount of appropriations, say (br two years past ? — In answer to this question, I refer to reports submitted to the Assembly from tlie committee of finance in the years 1837 and 1838. 1794. Have you any information in your possession relative to the several mill establish- ments in l' e province? — In 1836, a return of mills, confined to saw alone, waa commnni- caied to the Assembly, showing tlie extent and value of the establishments in operation the previous year (1835); therf^ have been nu returns since that period; since then various companies have been created by act of Assembly, and they have v«ry extensive milts erected and now in active operation ; besides these, various private eSkltflishmeiila have been built ; as to (be value of these I can form no estimate. '^he road appropriations have been as follows : — fireat roads -..---.-. Bye-roads ...-.-.-. Special grants --------- Grants to improve navigation and not included in recom- mendations from select committee - - . - - 1836: Great roads .---.---- Bye-roadk .-.-....- Special grants -.- .-..-. Grants not included in recommendations from committee • 1837 (ireat roads ..------. Bye-roads .----.-.. Special grants --.------ Grants not included in recommendations from committee - 1838: Great roads Bye-roads --.•.----. Special grants Other grants for internal improvement not included in recom* menaations from comiait'tee, about . . - . 8,400 910 3«7 9,660 It, 110 710 770 •5.500 >4.>«5 1,050 M65 >7.o«5 15,000 >.450 6.525 17,887 M5550 3". 540 ' 4o»oo-.« •^1'F»^I WOHTH AWPWCA. 1^ ,11 er\ation does not prevtnt ibt road being wsU settled. 1 6a APPENDIX TO REPORT ON THE AFFAIRS OP Eviiknot. i8i3. What method do you recommend at best suited to form the roads that vou have ipokrii of? — To have nil the trees and under-bruah grubbed or taken out. 34 feet m width, }. A. Madngilant then the ground plbuclied and form a trowing ot la or ijinchea, also to have a skirling of ao t'eiton each side, by cutting down the trees to within two feet and a half from , th« surface. 1814. What do you consider a road, as you have described, would cost ■ mile? — It would not exceed 1 jo/. currency a mile, including bridges. 1815. Are there mnny squatters, or settlers, without titles, in the part of the country you are best acquainted with ? — Yes, there are ; but the greater part are residing within the disputed territory ; the remainder are in back settlements off the Saint John, and generally very poor men with l.arge families. 1816. Are they generally a contented class of persons? — They appear so, although Government periodicully threatenes to sell their lands if they do not come forward and pay olf their instalments. 181?. Do you consider the price of land has been too high in this province, and detri- mental to the settlement of it i — I certainly do ; which, together with the want of roads, iias, since my settlement in the country, caused one-third less population than we other- wise should have had. 1618. Are the crops of grain and potatoes generally good that are raised on new land ; and what is the increase ? — They are more certain tlum on old or cultivated land ; and the increase very often double : wheat and other grain, from 30 to 35 bushels from i ; potatoes, from 3o to 30 bushels from 1 . . Jamet Robb, Esq. m.o.. Lecturer of Natural History and Chemistry, King's College, Tredericton. Javiti Bolb, £i>o. i8ig.-IlAVE you visited different parts of the province? — I hnve. 1820. — Will you state any oliservaiion you have ni.ide n« to the capabilities of the country for advancement in agriciiliiirc or oihcrwisf? — I made an excursion through the north and west parts nf the province. The grenieiit part of the north part of the province is slaie-rock, alternately in many places with beds of limestone and iron ore. 1 he slate districts contain u tine clay soil, well adapted for agriculture, particularly the upper part of the St. John and most of the high lands on the Risligouche river. The eastern share, as well us the central districts of the province, are composed of red and grey sandstones, covered generally by a light open soil, best adapted for corn, buck wheat, and potatoes; granite, trap, limestone, and sandstone, prevail aloiig the shore of the Bay of Fundy'. These rocks generally rise into high mountains or bliins, of a character generally unsnited for the operation of the agriculturist. At the nn the royal instructions to the successixe Governors, by which they were directed to endow with land, for the benefit of the church, oil such parishes as shoiild be formed agreeably to those instructions. 1 843. What quantity of land do you consider would constitute such an eodowwent as the royal instructions designed to each of the parishes which they directed to be formed? — Five hundred acres of ({ood land as glebe, for the maintenanre of the ministers, and the same quantity for the building and inniniaining of a church, besides what it may be thought proper to allow for the purpose of education in every parish. 1843. Can you state briefly the grounds on which you repieteoi an endowment to this extent as having been designed ? — By the earliest instructions addressed to Governor Carleton, in 1784, it was ordered that the province should be divided into townships of about 100,000 acres (or i^o square miles^ each, and that in each of these lowoihip* a spot shuuld BRITISH NORTH AMERICA. >«ft ihmild be set apart for ihe building of a church, and land allowed for lite nainteiianoe of a Evidcnct. miniiler, and of a •choolmatlpr ; and alto lo aid the btiilding of churchea and tchooU housct. 1'he quantity of land to be allowed for these pur|ioies was in each township for Venerable glebe, for maintenance of minister, not exceedinir 1,000 acr:-s; for schools, not exceeding Arefadtaew Coi/cr. 500; for building churches, indefinite. In adoiiional instructions lo Sir James Craig, dntcd 1807, it wiiH directed that the province should be divided into counties, and those counties into parishes; and that in each parish there should be set apart a spot for the building of a church ; and adjacent thereto, fur the maintenance of a minister, 500 acres; and for thiit of a schoolmaster, not exceeding 500 acres. And until the commencement of the late changes in the administration of the provincial affairs, the executive of the province considered itself authorized by these instructions to grant to each parish, when petitioned for it by its ecclesiastical corporation, the quantity of land specified in the preciding answer; and did so in various instances. 1844. What do yon mean by the ecclesiastical corporation of the parishes? — It ii pro- vided by an act of the general provincial assembly, that the proprietors of pewa in any parish church may elect two churchwardens, and a vestry of not exceeding 13 members, every year; and these churchwardens and vestrymen, with the rector, constitute a parochial church corporation, having ilie uowers usually granted to such a body. They ore compe tent to receive grants of land, and manage it for the benefit of the church in their respective {wrishes. 1 845. What hindered the royal instructions for the endowment of parishes from being carried more fully into effect? — Chiefly the small number of clergymen employed in the province, which prevented the formation of such corporations, to apply foe and receive grants. 1846. Has there been much improvement upon the lunds already granted, and possessed by the church ? — In most cases the glebes are unproductive as yet, and at a distance from lown« will continue to be so, till the country is better settled ; unless the clergy engage a little in farmine, which (if they have .0 clear the land) it is bv no means desirab^ they should. But there are two cases (and I believe three) in which the clergyman derives an income of about 100/. currency per annum from his glebe; and another case in which this income exceeds 50/. 1847. What means are there to provide for education in newly-settled parts of the pro- irince ? — This being a favourite object with the provincial legislature, they may, I think, be depended upon to provide pretty hberntly for it. We have a deed by which provision is made for a grammar si-hool in each county, and for several schools of an inferior descrip- tion in every parish; the practice is to grant a stipend from the public treasury of so/, per annum, on condition of this same sum being made up by the people of any settlement desirous of a school, provided thai the sum do not in the whole exceed 160/. currency per annum for each parish. •i . i lii •«-■ ^■■ ;!| Htnrif BartUtt Raimford, Esq. 1848. HAVE you resided long in this province? — I was born in the country, and have lived in it since then. 1849. Have you had considerable experience in agriculture? — Yes. 1850. Will you stale whether in your opinion the climate admits of agriculture, or emigrants settling to nd<'aniage 10 ihemstlves, and on what terms? — Industrious and sober einigraiiis can do easier, provided thev are settled on a portion of the good land, of which there is nbutid>iiice in the province. 1 have had servant*, that I did nut ctmsider the best of Ubourerji, realise good properties by settling afterwards themselves, with much greater difficulties to contend with than at present, in consequence of better roads now existing and better markets. 1851. What oucht a settler to have in hand, to settle with good prospect of success? — I think 50/. would set on emigrant going very well. 1 85*. Could he after n few years make a return for any advance ? — I think in five years he could. ■ 853. What amount could he pay in five years; and could he poy more in succeeding years i — A man with a farm of 100 acres could pay 10/. a-year after the fifth year. 1854. To do this, would a settler require to have any decided advantage as to market, or does it apply to any settler f — It applies to any settler. 1855. Are there any large tracts of the province capable of agricultural improvement on the ul )ve terms, but remaining in a wildeineas state.' — Yes; I have seen large portions of it. 1 856. Do you consider it desirable to locate settlers in any number in the same place ? — Yes; in settlements of from 30 to 30 families. 1857. What quantity of land ought a settler to possess in beginning ? — I think loo acres. 1858. How much of that would be arable land when the farm was made? — Probably one-half; the reat would remain in timber land. 1859. Have you known emigrants from Europe pass through the province? — Yea. iStio. What is the reason lor doing so?— Their nut having suflicient encouragement to settle here. The exports of timber are so great, that agriculture is neglected, and the want of roads is a check to emigration. l86i. Is there any difficulty in finding land to settle on with sufficient facility? — Yes ; the emiKrants are lost in the wilderness, having no person to direct them on their coming to seiiTe on their lands in the interior of the country. 3.— Ill: z 3 1862. Ha« H. B. RaimfurJ, Esq. r ^ i| :l- i68 APPENDIX TO REPORT ON THE AFFAIRS OF U. B. Ramrford, iMa. Has there been much increue of agricultural population of late yean ^— The increaae of f'rnh setilen baa been (low. 1863. li there a wnnt of labour in the country i — Yei. 1864. What it the price of agriauliuml labour ^— From a/, to 3/. a mouib, and are fed by tbe employer. 1865. Are these (he wages throughout the yearf — I do not think the wage* vary muc any season of the year. i8€6. Are there any complaints of the road system i — It is generally thought the contri- bution to roads ought to be paid in money ; the poor man would be employed to do this work. 1867. It there much injury felt by blocks of land being left in a wilderness state?— Yet, a great deal. 1868. Do you consider a tax on such lands would be advitable to cante them to be atlrnded, to if such a tax was applied towards improvement in the country? Yet, I do. 1869. What do you consider ought to be the amount of such tax ?— 1 think 51. on every hundred acres would not be too much. 1870. At what time were you appointed to the office you now hold f — In February 1836. 1871. Will yon furnish me with an account of receipts in your office on account of land and timber sold sini.e that peiiod i — Yes, {See K.) 1873. Does this list include all tums received on account of the casual revenue, since the patting of the new act i — It doet. 1873. Thi:i revenue it now paid to the province revenue in lieu of ilie Civil List Bill i — Yes. 1874. It tbe amount received from land and timber exclusive of the expentet of collec- tioa .' — ll is not. (K.) NEW BRUNSWICK. AasTBACT of MoNiis reeeiTed by the RccKivaR-GiNEaAL on account 4 - 71J 19 9 1,717 10 9 1,113 13 <> 1.133 »o - 3,973 13 3 777 5 - 503 ; - 547 "4 6 1,336 13 - 1,131 .7 6 449 5 - 5 1 - 5 £. 1. d. 89 li 6 £. $. d. 131 16 6 74a 9 7 147 16 8 30 16 C83 16 1,103 8 741 >5 849 \ 3,043 ig *. d. 3l 11 10 - 1 7 6 1,481 10 11 J 310 8 4 37- 1 _ _ 45 8 4 1.381 13 1,811 18 3.574 8 3.791 - 5 799 "9 9 983 i(> 5 1,756 19 6 1.438 17 6 678 5 4 4,704 10 10} 13.033 19 74 15 6 530 « 4 9.355 17 - 30,638 19 10 5.693 10 - 33.779 14 > 16,907 10 3 4.340 »7 - 14,805 3 10 11.605 - - 97.783 15 Thomat C. Let, Rse. Gen*. 1869. Rave BRITISH NORTH AMERICA. Id7 The Honourable Thomat C. Let, Receiver^neral. _ . 1875. HAVE you turned jronr iiltrntion to agricultural pnriuiti in the country f — Yri. 1876. On what condition* >e cleared, a comfortable log-house erected, and a 13 inontlis' stock uf provition for hiiiisclt'aDd tauiily. The emigrant sliould not arrive ut a later |ieriod than the month of April. 1877. Suppose a man is put in possession of a ^ood piece of land, what capital would he rc(|Uire to carry on his agricultural lubtuirs with lair pronppct of success? — About ioi4. 1878. In what limecould such ictiiers l>ei;in tn nmke any return, and to what amount 7 — I do not think any return could be expected until alter the expiration of two years ; at that lime the settler might uiFurd to make i< return of from 1 1. to as. per iicre. 1879. It has been mentioned that the greni detriment to improvement in new countries in the obtaining of lots of land by ipecujaiorii with n view to future profit by the increased value of such lands ; what in your opinion could be resorted to in order to ri inedv this evil f — I think thia evil would be most cHectuully remedied by a land tax. PRINCE EDWARD ISLAND. ITAU «. d. 3 16 . 3 8 u » «5 9 « - 3 19 3t 13 1} 18 cl 8 lol t - 5 9 "9 3 iB 6 19 8 17 9 5 6 6 8 5 4 B 19 10 3 10 _ 1 If 1 7 >o 3 J 17 - .Let, , Gen'. Johu Windsor Le Lacheur, Esq. 1880. HOW long have you resided in the island of Prince Edward Island? — Ever since May 1806. 1881. Can you describe the system orii^inally pursued in grnniinf; land in that island ? — The whole island was divided 101067 townships, con'.uining about 20,000 acres each, the whole of which were granted in one day to different individuals, in lots uf Irom a whole to a quarter township, subject to the payment of a quit rent of from is. to 6s. sterling per 100 acres, and to the obligation of tettlinK the land granted, within 10 years from the date of the grant, with foreign Protestant settlers, in proportion of one person to every 90O acres, 1882. Are you aware if their conditions were fulfilled to any und to what extent ? — ^They were not fulfilled in a single instance, nor does any attempt appear to have been made to fulfil them, as not one foreign I'rotestnnt was introduced by any of the grantees. 1883. Do you know what quantity of the Innd thus granted now remains in the hands of the original grantees, or their descendants ?— I am not aware, but I believe there are not more than three ot the present pniprietors who have not acquired their land by purchase. The sums for which the land was disposed of by the original grantees was in inoiit cases exceedingly small, not more in many cases than from 10/. to 40/. per township of 20,000 acres ; some of the largest proprietors purchased at this rate. 1884. Have any steps been taken at any time to enforce the performance of the condi- tions upon which these grants were originally made? — In the year 1799, or thereabouts, the House of Assembly represented the evils which had been felt in consequence of the neglect of tlie proprietors to settle their grants according to the conditions imposed upon them, and prayed that a court of escheats might be established ; this request ap- pears, by a message from General Fanning the then Governor of the island to the House of Assembly, to have been favourably received by the Government at home ; and in the year 1803 a bill for establishing a court of escheat passed the House of Assembly, and tlie legislative council, and received the assent of the Governor. It was however disal- lowed, by the Home Government, in consequence of representations from the proprietors, who fa«ing an united and influential body, residing for the most part in England, were able to obtain a reversal of the consent which had been previously given by the Home Govern- ment; at the same time the proceedings for the recovery of the quit rents which had been commenced by the public law officers ol the place, and several of which had l>een prosecuted to judgment, were laid by in consequence of this; the House of Assembly in 1805 pussed certain resolutions expressive of their feelings on the subject, and at the end of 1806, certain resolutions introduced a new bill for the same purpose. In 1818, during the adininiatra- tion of Governor Smith, a court of escheat was appoiuted, and two townships. No. 15 and 55, were forfeited. Immediately subsequent to this, however, the proprietors at home had sufficient influence with the Imperial Government to induce the ministers to issue u procla- mation in the name of the Prince Regent, relinquishing all claims to forfeiture on account of any past violation of the conditions, and giving 10 years further for the settlement of the land, at the same time allowing the introduction of British subjects in the place of foreigners. I wish to state here, befoie proceeding to relate the subsequent steps in reference to these grants, that the proprietors succeeded oy iaise representations, as to the conduct and inten- tions of Governor Smith, in inducing a majority of the population to petition for his removal, although the course he had pursued was, as appears to me, in all respects calculated to promote the true interests of the colony. 1885. Did the proprietors comply with the new conditions thus imposed upon them ? — I believe in not an instance, in the year 1837, when the 10 years from 1816, granted by the proclamation, expired, there was not to my knowledge a single township on the island which contained the requisite number of settlers. 1886. Have any steps been taken subsenuently to enforce the fulfilment of these condi- tioos, 01 to forfeit the land for their non-fulfilment ? — Every House of Asaembly since that feriod has I believe made representations on the subject, though hitherto without effect, n 1833, an act " For encouraging the settlement and improvement of I.ands in this 3.— III. Z 3 Island, John Winiior Lt LtttktuT, Esq. ;^?: 1 t t ■ lis m t«l APPENDIX TO RBPORT ON THE AFFAIRS OF h$ Evid«ne«. Iilnnil, and to reflate tite procecdinga of the Court of Etchrau therein," waa pasaml by ___ the Ic^jidlntive council and received the aaient of the Houae of Aaaetnbly and the Oovernor ; Join Wimbor Lt it wai , howwer, reaerved by the former for the upproval of the Home Govrrnniunt, and on ita Ltttktv, Kjq. arriTal in England the rrprciM-ntationit of thr proprietore were agiiin aullicieiitly powerful to overbear the united voice of the whole le|j;isUture of the proviucu, and the act waa accord- ingly diaallowed. 1HH7. Do you know upon what grounds the disallowance waa juitiflcd ? — Itappeara by a deit|>atch from Lord Oo;ht out at his own expense a aumcient number of settlers 10 settle his lands in the proportions prescribed by the original P*nt, nor in fact that there are any of the persons so alleged to have been brought out, who did not repay the cost of their passage in money or money's worth ; I ground this opinion upon the uncontradicted state- ments to this effect which have appeared 111 the public papers of the island, and upon conversa- tions which I have had with the majority of^ the persons alluded to ; with regard to the statement that persons so brought out have lefl the land of the proprietor who conducted their emigration, Ibelieve, that, in the case which I presi>me to have been particularly referred to by Lord Goderich, the emigrants only left the land upon which they were originally settled, when compelled to do so by the extreme of want, and when they found that none of the representations on the faith of which they had been induced to emi^rate would be fulfillud. 1 8ng. Were there uny natural disadvantages of soil or position in the lands upon which these settlers were placed, which might have had an influence in inducing them to leave it?— I have passed through the district in question, and believe that it is equal in natural advan- tages to other parts of the island ; there is, however, a very groat want of roads and bridges, and the settlers were therefore placed in disadvantageous circumstances, so far us regarded their means of communication with the more settleerior in natural advantages, but more' avourably placed as regards markets and roads, the majority of the settlers have emained. 1891. Of the settlers who, as you state, left the lands upon which they were located, did the majority settle upon the lands of other proprietors on the iitland, or what became of them ? — The majority remained in the island, upon the lands of other proprietors ; but many were discouraged by the tenure upon which alone they could obtniii land, and being pos- sessed of sufficient means for the purpose, emigrated to some other of the North Amencau colonies, or to the States. l8g<2. But you suppose that in almost every instance the emigrants to Prince Kdward Island, whether coming out under the auspic's of a proprietor or not, defrayed the expense of their passace out of their own funds, or repaid it to the proprietor ? — 1 have do doubt that such has been the fact. 1893. So that in your opinion the argument of Lord Goderich, founded upon the assumed expense incurred by individual proprietors for the purpose of settling their property accord- ing to the terms of the grant, is entirely devoid of foundation, in fact? — I believe so. i8f)4. Will you proceed with your account of the steps which have been taken with rei^ard to those grants ? — The same despatch of Ix>rd Goderich contained the suggestion of a tax upon lands, as being useful, by compelling the proprietors of uncultivated lands either to inprove them or to sell them at the price which they could bring in their present condi- tion. Mr. Secretary Stanley also recommended a tax in the nature of a penal assessment upon non-cultivation, as being both "just and politic;" and Lord Glenelg recommended the same course, and enclosed a copy of the act of the Upper Canada legislature for the same purpose, as a guide to the legislative assembly of our province in framing their act. The assembly, however, continued to view this as an inadequate and unsatisiiictory remedy for the evils complained of; and in 18.15, they passed an address praying for the establishment of a court of escheat ; which address, however. Sir William Antus Young, the then Gover- nor, neglected to forward to Eneland. This neglect was only discovered ailer his death, when upon the House of Assembly inquiring whether there was any and what reply, they were informed that the address still remained in the government house. It waa, however, forwarded by Mr. President Wright, together with another address, also pmying for the establishment of a court of escheat, which it was decided by a majority of one in the House of Assembly should be substituted for it. Both addresses were, however, forwarded ; but Lord Glenelg, in his reply, positively refused to sanction the estabUshment of any conrt of escheat. The assembly, upon the receipt of this, seeing the hopelessness for the present of attempting to obtain the only measure which, as they considered, was adequate to remedy the evils complained of, passed an act imposing a tax of 4«.per 100 acres, or less thonahull- ptany an acre upon all wild landr. This act was reserved by the Governor for the decision of tfie Home Garemment ; and though it had been lecommcnded by three secretaries for ilie EvidtDM. Jukt) mntlMr I.* BRlTIBn JfORTH AMERICA. 1^ the colooiea, uA by Lord Glenelg hiimelf, the royml iMent hu u yel been witliiteld, upon the KpreMotation of the tbeentee proprietora. iSciA. You have ttated that the firanti were mede subject to a quit rent of from 3<. to Ot, per 1*00 arren ; have theae (|uit renti been regularly paid i — Not in any inatanceat that rate. 1 896. What do you mean by tlii* annwer ? — In tne year 1 8 1 A, the quit rent* were generally very greatly in arrear, and the proprietor! succeeded in inducing the Home Oovemment to abuidon all claim for arrenrs, and to make the quit rents uniform at 'if. per ion acres. 1897. Have they been paid regularly since that time ? — I believe that they have been. 1898. What is the extent of Prince Edward Island? — It comprises rather more than 1,800,000 acres of land. 1899. Of this amount how much in under cultivation?—! find by the census of 18as, that there were tH>,7ft7 acres of improved land, and it is probable that at the present time there may be 100,000 acre* under cultivation. lyoo. That is less than a thirteenth of the granted land ? — Yes, and this though 20 years have elapsed since the date of the grant. 1901. What is the present population of the island ? — About 40,000 souls. 1909. Is this population equally distributed over the townships ?— No, the number of fkmilies varies fhioi about 10 to upwards of 200 in the diflerent townships; there are only two townships with the larger number ; the majority run from 20 to 100. 1903. To what do you attribute the slow progress of settlement and cultivation in this island ? — ^To the exorbitant terms demanded by the proprietors of land, which have deterred individuals from taking land, and have driven away many who had come to the island for the purpose of settlement. Riy thiug, it is too low ; it might be insufficient to induce the proprieioi io do any thing effectual to settle hi» land. igi6. Was it designed that the proiuce of this tax of 4s. should be applied to the im- provement of the country ? — It was to be paid into the general revenue, and was to be at the disposal of the legismture. 1917. But, if the produce of a tax upon wilderness land were specially applied to the improvement of the coiint'-v, by making roadg, bridges, and such other worka as have a tendency to increase the v.iiue of land, a much highc/ tax might be imposed, without any inj.istice to thf proprietors ? — Undoubtedly »o. 1918. While, at the same time, it wuuld operate upon them to take some effectual measures to settle their land in proportion tJ its amount ?— Yes. 1910. Raf any other method occurred 'o yc a by which you imagine the mischiefs arising from the p.tifuse method of granting Crown lands in this island might be remedied ? — A purchase by the government from the proprietorc of the whole of their land, supposing titat such t, purchase could be effected upon reasonable terms , sv.pposing such an arrangement could be made, the sums advancei27- HAVE you been long a resident in the island f— Since June itiXi, with a Khort ahiteiH'e uiicc or twice. iQiB. What BRITISH NORTH AMERICA. >7s Hi ■■» igi8. What quantity of land have you chaige of? — I hare charge of Uirse townships and Evidence, -wo small islands. TTT.. ipag. What proeress has ttken place as to settlement of the ahove lands of late years ? — "'• "v *'••»» '^• In May 1833, 1 took charge of the above property ; the tenants were then in great arrears of rent; many of the farms and hojses were in a ruinous state ; this state of things was caused from the fear of the tenants, on account of their arrears, and fearful of being deprived of their improvementa ; I made an arrangement with all parties so as to place them on easy terms, and the property is now one of the most flourishing in the island ; almost all the farmera have built new nouses, particularly on lots 61 and 34. 1930. Do these farms now pay a fair rent?— They pay a rent of If. sterling per acre, with great regularity and without any complaint. They are all thriving tenants. 1931. To wnat do vou attribute this change ?— To a better understanding with the pr? prietors, and they having their leases for 999 years ; and there is particularly a feeling of contentment ana a desire to improve in lot 34, where there is an understanding that the land may be purchased with the improvements of the tenant at 20 years' purchase. In that lot there are only 200 acres remaining unsettled ; there are 245 tenants on this lot having leased farms, and there are 10 purchasers settled on it. 1933. Since you took possession of the above three lots in 1833, how many settlers have come upon them? — Ninety-six new tenants. 1933. What are the terms as to rent on which tenants are admitted on the above pro- perty? — First three years free of rent; fourth year, 6(f. per acre ; fifth year, 9d.; suth year, 1 «. ; and the same to end of term. 1934. Have the tenants -n all cases been able to act up to the above terms? — Generally ; there are a few exceptions, probably in consequence of sickness or bad season. 1935. What quantity of land do you give in the first instance to settlers? — One hundred acres is the general thing, but I recommend them to take 50 acres at first, and I reserve the other 60 for them. 1936. In case of settlers coming to the island, what sum of money should they have as an oytlay to build houses and to procure the necessary stock, &c. &c. ? — A man ought to have 35 /.or 30/. 1937. In cases where settlers liave not this money, what agreement is made to enable them to get on ? — He must have a cow, and he ought to have a horse ; 25/. would be necessary ; men who go to work without this capital, are under great difficulties and cannot pay rent tor many years. 1938. What taxes are lands liable to at present ?— Only 2i. currency per 100 acres, which is a tax put on in 1823 in lieu of quit rents ; this tax is regularly paid. 1939. Docii this tax extend the same to cultivated and uncultivated lands? — Yes, they all pay the same. 1940. I find by a return before me of the number of acres occupied in the island in 1833, there is a variation of many thousand acres, in some cases as much as 18,000 of culti- vation in one h>t and another ; how do you account for this? — In most cases it arises &om the want of liberal terms on the part of proprietors, and in a few cases from the nature of the soil, and sometimes also from want of proper communication. 1941. What are the objectionable terms on the part of proprietors alluded to? — Short ieases principally. 1943. Do hettlers generally object to become tenants at will? — I do not think uny settler would become a tenant at will. 1943. Is there much soil on tlie island that could nut be brought under cultivation ?■ — There is a portion in each township. 1944. Is that land altogether without volue ? — I should say not ; small portions of it are not worth anything, but much of it would be brought into cultivation when the country is further advanced in improvement. 1945. How are the roads managed os to Uie expense of making and repairing them ? — They are made aiid maintained by statute labour, with an otousitjiial grant from the legis- lature. 1946. What labour is required by law ? — Three days from each tenant, witliout reference to his extent of farm ; new roads are made in tlie first instance by an assessment on the lands through which they pass. 1947. Is this mode of road-making approved of aniontst the tenantry, and does it meet the object desired ? — It is net a desirable system ; not naif a day's work m done, and the roads are not equally made thi lughout. 1943. You aie awarc^ that tl.cre has been a proposal by the legislature to levy a tax of 4*. on wild lands ; what do you think would be the operation of that tax ? — It would greatly JM-nefit this island ; it would force the proprietors to bring the lands forward for sale or settle- ment, and it would Ixneflt the whole country. I94(j. If this tax wns appropriated to 1>oiictit the island in advaneing improvement and cmiijnition, is 4«. above mentioned as much as would be desirable to impose nii wilH lands ^ — I thuik it would he fair uiui not too much ; i think tiieie ought to be a diflerenee iiinde m the pro|M.'rtieg, as they have a large or small |)ortiou cultivated, that seems to be the only objection. 1950. What class of settlers have you found to suceeed best?--! have fi/udd tlie York- shire, Siiil'dlk and Lowland of Scotland settlers (lie best; the Highlanders mid north of Ireland settlers do not get on so well ; diflerent countrymen ought to bt put iii separate lurties, and settlers ought not to be put alone. ii),',i. Have you any remark to make as to the present mode of loraiing tlir tenant ? - 3.— in. A A Tht 1', ■ 'I I'll I .'1 «F« APPENDIX TO REPORT ON THE AFFAIRS OF EtM«ii«c. Tbe preient fonn of a farm ki 10 chains front by 100 back ; this it moat inconvenient, by ■•— giving additional labour ; a farm ought to be ns near aqtiare as possible ; I give, if possible, /. St. Dmly, Esq. 29 ohain* front by 60 depth. 1 958. Is there a want of labour in the countrv at present ? — Yea, tiinn servants are mueh raqnired in the country; tlieic are very few in the country ) they are receiving St. per day and their keep, or 4«. and fiiid themielvet. 1953. Does this rate of wogrn apply to all the year?— There ia a difference of about 1 1. i'l winter ; bnt labour is at all times scarce. 1954. What number of tarms are leased and sold on the different lota in your uharge ?— fharaare 246 leased on lot 34, and 19 sold; Itt leased on 61, and 46 sold ; 31 leased on ftO. and 11 solil. <96/S< What is the state of the surveys on the island ?— The survevn of townships arc reoentiy put at rest by rcsurvey, nnder the orders of the Uovemor and Council ; the surveys of lots ure dune, in most cases, at th« expense of tenants. 1956. Are the surveys of lots found to be accurate, and such aa to enable transfer and sale of property to be made with autficient confidence I — In many cams, they are not ; there is a great deal of litigotion at present, on account of boundary lines. 10/S7. Dees this uncertainty as to surveys check the advancement of Hettlere ? — It causes a Koud deal of litigation, and many have paid half^-doien surveyors ; it calls much fbr attention. 1958. Can you state what progress thore.has been in emigration of late years?— It hni been very trifling, arising, I think, from the agitated state of things here, chiefly the escheat question. 1959. Have any emigrants, of late years, come to the island with intention of settling', who have sulwcquently proceeded to other placec to locate themselves ? — Yes, a few htiw. i960. Has there been any rise in the price of wild lands since your residence on the island ? — There has been some rise in the wild land ; near the town, they have nearly doubled in value in the last 1 6 yearn, 1961 . What woidd be the price of about 100 to 200 acres of wild land, good quality, and well situated? — Not less than l.'m. sterling per acre; f>,0()0 acres were oH'ereil lately fbr las. 6d. sterling. 1963. Are there any points that have not been referred to, and occur to yon as re<|niring attention, in reference to the future settlement of the island ? — There is great difficulty ana dispute as to fisheries, which is very injurious to the settlument of any farm and the pros- penty of the country. Georgt Wright, Esq., Surveyor-general. C«org«/KnjfA/,E5q. 'Q^S- How long have you resided in Prince I-xlwaid Island ? —I am n native of the island) and have been very little absent item it. 1964. How long have you been surveyor-general of the province? — About 10 years. 1965. Will you state what quantity uf lami is now in possession of the Cit>wn, and how the remaining portions of land in the island have lM«n disposed of? — This return (C.) will show there are .inly 7,100 acres of township lands now in possession of the Crown. Ther4 are several parcels of ground that may revert to the Crown, at present held by licenses of occunation (perhaps 1,000 acres); there are also iioo town and pasture lotc, varying from a quarter of an acie to VI acres; the extent and upset price of each is in the return ; the remaining part of the island was given on certain conditions in lota of 20,000 acres. loGt). What quantity of land capable of cultivation is the whole island said to contain ? — The island corttunis about IjaB-'ijOOO acres divided into three counties (tw Flan), of which per- haps there are not more than 10,000 acres incupuhle of cultivation. 1967. Has there lately been a sale of Crown lands ^ — Some town lots were sold in July last ; no Crown township lands except glclH- lands iiave been sold at any time. Prior to the last four or five years settlers have been permitted to occupy the Crown lands under license of occupation, on condition of their obtaining grants on the fulfilment uf certain tenns. 1968. What ure the terms alluded to ? — On town lots, to build a dwelling-house of rertain dimensions ; on pusture lots, cleanng and fencing three acres ; on township lots, they obtaiited a grant of land on forming a settlement ; this system has ceased since four or five years. 1 069. Was much land occupied on the terms specified ?— A great deal, particularly town and pasture lots ; the township lots were almost entirely settled. 1070. Were the terms In all cases rontomied with.' — Latterly they were : formeWy they obtained grwiits without licenses uf occupation, and many of them have not fulfillea their coiuiitions. 1917. Have any steiM been taken m referencf; to those parties ? — None whatever. 107'J !»" most of tile <>rig;.ial prnprietor" |)o»!«e«8 the gmntfl ?— Very few, and tliey have many of them changed hanils several times. 197.1. Were the terms on which the (niginnl gmnts made eomplied with ? — I Itelieve in no instance ; it wai. I'und iinpossihle strictly to comply with the termSy which require that the land shoidd lie rMcnpied by foreign Pnitestiints. 1974. Have those lands in your opinion progressejl in improvement and settlHment, as they might have t)een exiwted'ti' rlo, coiiitiiiering the advantages held out by ihc fertility of the soil of the island '.- N.i, I do not think they Imve. 1075. What (1\' you consider hu>- Ixsen the check in ihis improvement ? — In msny instances to the nc'.-ltt t nt proprietors, main if wlioiii have not b«'en represented by agents with sufK- cienl power to execute deeds or leww<, and whos«' terms wore not sutticiently hlirnil. 197G. Hastliere liitiierto been a tai on unsettled iaiidn on liic mlaiid f—Tliere has Ijeen uu BRITISH NORTH AMERICA. »73 E«Mmee. GeergtWrigtt,Eaq. tlie rsceipts have been — 111 lBa4 lUiib 1836 1837 1838 m MM!t8(HeiU.qf 2«. o» 100 wre» ei kll UaAik ; that hill Imm cxyirovl Iki* jicai, wd kr Htmtt it, a bill baa pasaed the legislature bere, impoaing a tax of 4«. o* wtidemaw hntKaad Sf. 0« Qthev laixb. tha muuH to thia> biil wa» teserved foi aanctioft a( hoaat. 1977. In your opinion, is this the best method of indnciBg pnpmlom to aettk the «■■*» tied lands, oc do you think that a lai j tioa 7— A higher Iftx would fufthwr baaefit the coiMlvy, but I think tttia (ax woaU be:fciiv aO praaant* 1978. Do some of the proprietors bald their lands with refisrence t»fiitew haaofifc wiftboMt aay regard to present improvement ? — A few no doubt do so. 1979. Waa there not a quit-rent formerly, and up to what time did the qait-rpat contiiMM ? -^Inere was a quit reut olis.Sd. sterling, latterly it was 3«. ; and it was altogether di» eontinued on the establishment of the lute acts levying it. per lUU acres. . 1980. Was the quit tent regularly paid? — A considerable sum wua paid by aome of liam proprietors. It was never paid by others. 1981. How are the boundary lines of counties and surveys generally laid dowiii?-~The surveys have not been completed; a great confusion has existed for want of proper boundary lines. A biU was passed in 1834, which lias partially removed the division between tDwRv* ships, but many ot the lots remain unsettled. Proprietors now generally tx posts, and giw the tenants the lot they mark oS. 1.983. Are the roads generally good through the island, and will you be kind enough to state how they are provided fur i — ^They are sufficiently good' for agricultural' purposes) and nre kept in repair principally by statute labour. Sometimes a vote is given towards making new roads. 1983. Could a better mode than this be adopted !— In my opinion, a tax or aesesamcnt in money would be the preferable way. The present system does not seem to anawen 1984. What has been the amount of sales of Crown lands, timber, Ac. during the yaan yoa have disposed of theiu ? — There ia aothing to dispose of but lands in the island. Om sales - - 265 - - ------- no sale. 73 5 - 541 - - 400 2 a £.1,275 7 a 1985. How bus this money been disposed of? — It is received by the treasurer of the pro* vincc, and none of it has been disposed «)f as yet, except probably, 160/., which has bean axpended for surveys. 1986. Can you furnish a map or plan of the inland, by way of a guide to the landa and Iota alluded to ? — I have not one at present, but will prepare and finish one at an early period. 1987. Can you give any accounts of the prog^rewsive rise in value of wild lands in tha island r — I am of opinion that wild lands have increased in value double the amount within the last '2(1 years. 1988. Has there been any rise in the last Qve years ? — ^There has been some rise, but n«t a very material one. IVtonuu Haviland, Esq., Treasurer of the Province. 1989. HOW long have you resided ia Prince Edward Island? — Twenty-one years and T. Haviland, Etn. upwards. . iggo. During your residence in the island, have you given attention to the advancenwnt of cmigralion? — I have. 1991. Has it been on a successful and largo scale ?— Nu. 1992. What are the causes, in your opinion, uf its want uf success? — ^The tenure on which the settler has been able to obtain landa ; iu cases were terms have been liberal, and the emigrant industrious, they have never failed to prove advantageous to the emigrant and to the proprietors. 1993. What do you consider liberal terras? — The cmigruiit should have his location ibr (jie tii-st three years free of all rents ; the fourth year at id. per annum per acre; the fifth year Od ; sixth year Od., and the sevonth and romaindtT uf UU» years ut is. per acre, with the privilege of purchasing at any time at 'iO years' purchuse ; these arc what I would call liberal terms, and are attended witli equal odvuutugc to pruprietor and tenant. 1994. Have those terms been acted u|M)n in any rases, iind if su, in what cases to your knowledge ? — Sir James Montgomery Sc Bmthors, urupiietors of soveiiil tuwiislMps, are the only jM'.raons who oct up to the system, and ti> its full extent, that 1 urn aware of; and I beg 19 evidence, in favour of the systwn, in Towiisliip, No. ;J4, not niuKs tliuii 500 acres of 20,000 are iiiiut'cupiec! ; :in. What HUCCC88 has attended the scltlenieiit of proiwrty, where leases have been granted at will, or for u short term of yeais .'—The setUeiiieiits un sinii proptTlics are vary few ; and th<' settlers themselves, in general, are i«xtreiiicly pr.or and ilisroiitented, from having little ur no {wrflpective interest iu thf s tinguiahcd by the stranger by their wretchedness and want of comfort and imprurement. 1 996. Does a large proportion of thiv island still remain unsettled i — Yes ; probably from three-iburths to four-finhs is unsettled. 1997. In your opinion, wliat would be the best means to resort to, to promote emigmtion, and to fbrward the country that remains in a wiMemeas state ? — ^The terms already men- tioned ; and in cases where the emisnant is poor, instructions should be given to the resident amnt to supply them the means of subsistence for the first year. On those tmns there might be fhmi 2,000 to 3,000 persona annually located. 1998. Does there appear to you to be cutficient exertion, on the part of pi«prietors, to promote the interest or the island, to forward emigration ; or do the proprietors hold land only with reference to a future benefit ? — ^There Ki 4 d. per acre on pasture lote in a wilderness stete, and 2 d. per acre on pasture lots in cultivation. 9004. What additional revenue would be produced by the tax, on the last-mentioned pro- perties ? — About 400 /., deducting the expen?< s of collection ; the nett produce of the wnole would be about 2,400 /. 9005. Am I light in supposing; you have charge of some estate in the island ? — Yes, I am 'jgent for two proprietors, sir. J. F. Seymour and another. 9006. Kavu you observed sufflciently on the character and qualities of the different kinds of settlere who nave come to the country, to be able to state who are, in your opinion, the best class of men as emigrante ? — Decidedly the best emigiante are from the f f any lot of land sold as above? — Yea, lOi. is the minimum price of land capable of cultivation ; but there la land that has no value. 9010. Is there much in the ialand uf little or no value ?— No great quantity, altogether 10,000 to 20,000 neres. 901 1. Is this land in large blocks ? — Most in large blocks of 3,000 to 5,000 acres. 9019. Would you propose, on auch Innda, to remit the tix, or what part uf it \ — In aome caaea the whole, or as the land might have some value. 9013. Has any sum been received by you, aa treaaurer of the proviiice, on account of Crown lands or Crown property? — Yes, 1 have recived about 80U/. currency ; there will be a further sum of probably 400 i. or 600/. more this year. 9014. How has this money been disposed of? — About 100/. has been paid to cover the expenae of surveys; the balance is now in my hands; during the last session the House of Assembly addressed the Secretary of State for the Colonies, fur leave to appropriate the balance towards the erection of a house of industry ; the application was ibrwurdcd by the Colontal-ofHce to the Treasury, and the Treasury were pleased to accede to the application, and hav) nakli be laid befbra tlie House ef Assembly next sessions. 20ifi. What is expected to ha the amount for the above purpose? — From 1,600/, to 2,000/. currency ; the House of Assembly will pay up the balance. I John Launon, Esq., Solicitor-general. /eJkn £,sts 011 articles inipoiled BRITISH NORTH AAIERICA. >76 imported into the country, the revenue is congequently imall ; to instance which, the go- Evidence. vemment-houBe and court-house were built by taxes on land. "■"- • aoig. What has hitherto checked emigration in proportion to other of the British Jo»»I,awicm,E»^. American colonies ? — The high price of land ; the upset price of land in other countries boing ftir less than here ; for instance, in If ova Scotia, Uie upset price of lanoa vanes from 2«. to 5«. per acre ; here it is almost invariably at 20 f. re8ent improvement, or to future benefit ? — Some of them disregard present improvements, und look to the accumulated value of the land from the settlement of others. 2036. What remedy would you suggest for the evil ? — ^The only remedy is to tax wil- derness lands, and at a rate high enough to compel the |)roprietors to settle them. 3027. What do you think ought to be the tax in such cases, provided the tax so laid waa applied to emigration, and the general advancement and improvement of the country ? — At least 10«. per 100 acres on wilderness lands; I would not tax cultivated lands at all; I would ^ive the proprietor, in the first instance, a fair tin)e ; and if half the township was settled III a limited time, the tax should not be applied to that property. 3038. Are you not in charge of some properties in the islana? — Yes, about 60,000 acres. 3039. Have you particularly observed as to one class of settlers being more successful than another ?— Generally speaking, the English and the natives and ttie Lowland Scotch make good settlers. .,: 9030. Can you inform me if there is a probability of some better encouragement being y, afforded to settlers? — Some of the proprietors, through Mr. Young, their agent, hav« ,11 expressed their intei.tion of leasing and selling land upon more favourable terms thaa o heretofore has been granted, which, if adhered to, will go far to remedy many of the eviU.w that have hitherto existed. >• 2031. Can you state the terms proposed by Mr. Young?— To sell the land from 6*. 3d,, Halifax currency, to 20«. per acre ; leases for 01 years certain, or for three lives, or for it9 years ; at the first and second year, no rent ; third year, 3 d. per acre ; fourth year, Od., *''f\h year, 9d., and succeeding years l5. per acre per year, and what I consider of most consequence is the right of purchasing upon the terms before mentioned, viz. (i«. 3d. to 20*. an acre, according to situation. 3032. In your opinion, would those terms hold out s'ich prospects of success to settlers ns would encouragn a succession of emigration ! — I think they would, provided the rent did not commence until the fifth year. 3033. Are voii aware of the number of proprietors who have proposed those terms through Mr. Young ? — There are 13 who have. G. R. Goodman, Esq., Collector of the Customs. 3034. HAVE you resided long in this province? — Constantly since 1810. G.fi.GWmas.Esq. 203,5. From your knowledge of the colony, its productions, kc. kc. has it capabilities of supplying beyond the demands of the inhabitants? — Very great capability beyond the demand of the colcnists ; I should say there is, to the amount, on an average, of 4U,000/. sterling value of agricultural produce exported. 2636.* Does this appiy to cattle as well as to grain ?~It includes both. 2038. With the (acilitiL's and encouragement offered by the soil for settling and emi- grating, what, in your opii'.ion, has ptv.1 Brant of [rtieles ported J.— III. A A i No. I. ^i^ 176 APPEffDrX TO REPORT Off THE AFFAIRS OF STATEMENT of the Qoantity oFLaiip* Auy«y*i in eadi Dinricl of Lover Canada^ (rom the Eitablithmeut of the Surveyor-general'* Ofice, up to the 10th July 1038. Surrejror-general'i 0£Bce, Quebec, 10 July 1838. DiMficttf MiBlnil. UiMriatdT ThntRinn. Dutruitof QMlwe. Didtielar TOTAL. 8,886,750 3,o98,ao8 1.383,666 400,639 ■ Acm. 6,169,963 exclufive of the allowance of 5 per cent, for higfa> way*. Jos. Bouchette, H. M. Surv-general, L. C. Aole.— Ib« preeent Total in exclusive of ihe Tract or Block of Land set off for the Briti«h American Land Company in the County of Bbcrbrook, DiMrict of Threo Rivers, containing 585,089 acre*. No. % RETURN of Caowa Lands granted in each year, firom tlie 31« December WiH, to ihe 31st December 1887, inclusive. 1. 2. a. 7. Ytw. 1884 i8fl5 i8a6 1887 1888 1889 1830 1831 1838 1833 1834 1835 1836 J 837 frnkK «f i Nambtref iniiMil to ta Membtn tt LtguhttT* ud BucntiTe CouncUt. ■8, I < 12 ? ofthcBriliali Araijr. «4!»7.«09 — Nombtr of Acra fnMHi la 4,100 1,000 nil. 800 4.504 niL 8,000 3t4o8 4,000 1,800 nil. nil. nil. nil. 81,013 Numfav of M«a*« Aerea jraatedto Diwluiiisd SoUim IVnuoocrt. of Acm grmntod to Militia o'!. nil. 5.60O 6,300 nil. niL nil. 8,«73 19,000 as,50o 18,164 4.704 7.7«« 51,810 38,680 3.5«5 7,640 7.300 3,800 81,485 9.400 10,116 5,«oo 9,500 3.004 100 nil. Nuibn of Arm granted 10 S<|nattan. 88,649 817,840 Nombarof Acmgfantedt not coming within any of previoat Dawriplioaa. 34.159 16,374 48,884 38,374 9,036 5.a83 10,670 9.900 4.000 nil. 4,384 nil. nil. nil. 181,003 a. Total Nombar of Acres granted. Ramulu. BRtTtSH NORTH AMEAIOA. >77 No. 3. RETURN of Cbown Lamd« granted t» Liabbi* of Townshivs and their Auociatm, from 1790 to 18W. Y«r. TomMft. LMdni- NudM. NiuDtetf Asm. Yiw. TcwMllifS. Usdm-llaM. N>mbir«r Arm. «796 Dunham - lion. ThomaaDunn 4«>.8«5 1803 Brompton • W. Bamartt . A. 40i753 1797 Brome Asa Porter . 4»i7a8 Clinton ■ J. F. Holtand - 11,550 H Uolton Nicholas Austin - (ia,6ai Compton - J. Pennoyto and N. 86,460 1798 Faraham - i«amuel Gale astooo Coffin >799 Dorset J. Black 53.000 Ditton M. H. Ycditiikiu • ",550 1800 Broughton - H. Junken and W. Hall. 33,100 if Hatley - H. Cull and E. Hovey. P. P. M. de la Val- »3,493 *1 Stonitead • Isaac < jgden 97,730 Kildare ■ IM86 If Eaton J, Sawyers - D. A. Grant as.Oao trie. *> Upton 95,300 ti Kingsey - George Langmore 11,478 ft Granthaiti - W. Grant - 97,000 Potton Henry lluiter 97.580 tt Hunteratown John Jones - 94,Cao Shipton E. Cushing and W. 58,69a Stukely - Samuel Willurd - 33.'>95 Barnard. Stunbridge Hugh Finlay K. Chandler - 4«.790 Dudswell - John Bishop 11,639 Stuneham - 34,000 Buckingham Fortune aiid HaW' 14,910 if Tewkesbury G. Wulffand D. Le- tourneau • 94,000 1804 tingwick • ley. S. F. tergbson • Henry CaldweU - «3,730 1801 Bamston - R. Lester and R. 93,100 Wesburv • 19,363 Morrough. Warwick - A. Steel 33,940 Ireland Joseph Frobisher • » 1.5.50 i80j Newton ."il.Qaspard - 19,961 Leeds Isaac Todd - ii,7lJo Onslow ■ J. <(ichard«oii . 1.073 It Shcfford - John Savage asAyo Melbourne H. Caldwell . Ma^or Holland's 26,153 Orford Luke Knowlton • i3.t>oo Kingsey • 11,198 180a Arthabaska John Gregory 11.550 Barford - J. W. Clarke 97,7iO 180G Auckland - Elizabeth Gould • 93,100 Chester 8. M'Tavish 11.,,.. J Frampton - Hereford - P. E. Uesharats • 11,569 Durham - T. Scott a 1.991 J. Rankin - so,8oo Ely •• ■ Amoa Lay, jnn. 1 1.550 Hull - P. Wright - 13.701 Halifax • B. Jobert - 11,550 ,, Acton G. W. Allsopp • 94,004 Inverness - W. M'Gillivroy - ii.5,'.o - ditto G other Mann 43,859 Theifdrd - Klervin Nnoth 93,100 t«o7 Lincwick - Lochabcr - W. Vondenvelden - 13,650 Wickham - William Lindsay - 33.76.1 43.690 A. M'Millan 13,361 Stoke James Cowan Templeton . ditto 8.949 it Sutton P. Conroy and H. 39.900 Stan old • Jenkin Williams - 36,810 Best. 18(18 Maddiogton G. W. Allsopp • 6,005 Wolfstown N. Montour - 11. .WO l8oy Wentworth Jane de MontmoUin 19,390 1803 Ascot Gilbert Hyatt 90,188 Farnliam - J. Cuyler and J. 10,176 *> llury Bulstrodi' Calvin May - Patrick Langan - 11,550 1 a4.4«>3 1 Allsopp. »» Total Acres • i,457.»09 No. 4. IIETL'RN of the Number of AcaKsof Land located to Individuals in each Year, from 1617 to the tst day of August 1H3U. Yirftr, 1818 1819 i8'iu 1821 i8aa lUi.) 1814 1895 189U ]8a7 kxated prior 36,674 ^.575 54.674 33,3*5 700 ».5»« 9.31" Renwrkt. Ynr. Number of Acre* liK^trd prior I* I8V7. Numbnr of Acre* locftlffi friiiD 1897 lu lit August 1 838, induan. 1P99 1830 I 1831 I 1839 18.13 1834 18.15 i8.]C ^837 341.357 A. 6,iioo 87-995 34,394 ay.«y8 31.367 10,400 1 3,400 4.704 7.!).33 TOtAL NumUrof Atfrct under locttitB. A. 6,300 87.99^ «4.«94 «3.«98 31.367 10,400 13,400 4.704 7,933 99 1 ,^^>•l a^iS.ifla Remurki. '..\ ) ' i I A A 4 ...^J^iJ ^F 178 APPENDIX TO REPORT ON THE AFFAIRS OF No. A. RETURN of Caoim Lamm told fai Mch Yoar Aon 1818 to 1887, incIuiiTe. Tmk. No. or AOTM Mid. PRICE. lUadllodio OSconoadot tUgMloliaanfllM Itl AogmM 1131. JUailiml to othoft. Ac, ooQOf •■IhmHj tiwm llwGofwnoror SoMoiu; or SUM. •inm ISSl. TOTAL 1897] i8a8 £. «. tl. £. *. d. f. «. d. £. 1. d. £. ,. d. No Hies 90|01I made. 5.044 9 9i « • • • • ■ 9,789 13 6 i8i9 31.366 7.479 >7 7 • • • . • • " ■.<33 19 6 1830 «8,077 746113 5 9,580 - 5 1851 51.357 19449 8 - . . . 3.«35 5 6} — 183a 94,1191 6,168 9 >i 555 >> - . . . >.954>9 H — 1833 4«.569 7.549 > 5 1.499 i< 7 436 16 8 343619 8| — 183* 43.»3 7,899 15 9 9,567 9 10 918 8 - 3,16618 6 — 1835 •36.447 91,779 7 lOi 4.>79 >8 > . 7.00315 5i — 1836 39.057 13,600 14 5 4,619 - 9 ■ • « 11869 7 9i — 1837 34.360 5.660 9 - 684 6 5 « « • 7.47416 9i 39.135 > 4i 450,4691 75.9 »>» 81 _ 14,098 18 8 655 4 « 39.135 a 4i 46.731 >5 9i No. U. RETURN of Clmot Rmsrvu told in etch Yetr, flrom 1B9» to 1897, incluiive. Yoar. AcratMld on Quit Rofil. NoBbor or Acrat «ld obMloltlj. PRICE. Aaoiuii nooi«cd line* 1831. TOTAL Aoioant rrxoiTcd. REMARKS. £. «. d. £. «. ?.{\\f.V\f fluitlSH NORTH AMERICA. >79 No. 7. RETURN, thowing the Quantity of Land raterved fur the Support of • PaoTntAMT ClikoT) in tlte differvnt Lbttsri Patint iuued under the Great 8 S 1804 Hemmingford 431 - - II Potton . i.aoo - - 39,075 9 33 It Tingwick 4tAO0 - - 1798 II Magdalen Ularnk Famham 81I43 - 4,600 - ■" ««i743 - - II It tl II Warwick Eaton • Westbury Nelson ■ . 4,600 - 1,000 - 9,973 - 7i76i - - 1799 Hincb'nbrdolc 1,080 - - II Somerset 71669 - - »» Hemmiugford 4,400 - - It Windsor 50 - - II Clifton - 9,400 - - tl Tring - 4.400 - _ 39i574 - - •1 II Amuwh Raw<^n Chatham 480 - 380 - 440 - * 1805 Bamston Kawdon 300 - 400 - ^ II Buckingham • 400 - - HMfey'. * Newton 3,114 - 383 - 3.486 - ^ II Dorset • io,aoo - - 19.780 _ 1800 Stoneham 4,800 - - Onslow • 300 - - It Tewkesbury - 61O00 - - Melbourne - 4.8»3 - - If Grantham 5iH34 - - Chester - 9,900 - _ ft Hunterstown - 4,400 - - Dudswell 9,365 - - tl Upton • 4,800 - - Wendover 3.166 - . II Stanitead 5i3«5 - - Halifax . ■ 3.400 - - II Broughton - 4,400 - a Durham 1,300 - - » Stukely - 4,400 - 4.400 - "• Stanstead 600 - 800 - : „ II ' Farnham 33.436 - - tl Eaton • 5,ioo - - 47.859 , 1801 SheSbrd 6,800 - _ 1806 Hull - 9,693 - - n It II II II II 180a Bamston Orford - Newuort Stanbridgc - Brompton Shipton Stoke • 4,400 - a,400 - a.ooo - 7,800 - d,ooo - 11,600 - 8,a7i*49 - - II Ireland • . 9,900 - - 1808 Grenville 900 - - II Durham 4,900 - - 11 Ham - 90O - - II Compton 5.000 - - II Frampton Wendover 9.359 - - 11 Wickhom . 4.345 - - It 95 - - » Arthabaska - 9,000 - - It Onslow • 9,330 9 - •I Thetford 4,400 - - II Maddington - 1.657 - - II Ely - - 9,90O - - II Windsor 100 - - II Ixworth 900 - - 75.345 - tl Simpson 100 - - 1803 >i Roxton ■ Granby 4.800 - 7,6j7 - - II tl Somerset Nelson • 56 - - 50 - - 7.077 9 - II Buckingham - 9,84s - - 1809 Farohum 1,758 - - II Milton • 5.993 - - 1 Sherrington - 5.608 - - II Clifton • -^ 4.765 a - II Upton - Wentworth - 141 - - ft Ascot - -■ 9.747 - - tt 9,400 - - II Bury - Hatley - Ditton - Clinton - Rulstrode Henimingford Kildare • • 3,900 - - It Templeton - i.»33 - - 11,038 - - II II II II 9.430 - 3,aoo - 9,000 - 4.597 - 9,081 a -■ 1810 .1 It .1 Stanstead Compton Barnston Shenley 4.719 - - afitp - - 3.006 - - 1,887 - - I II 1,171 - 9,400 - - - Shipton Potton - 35 - - 95 - - 1 i II II Potton • 5.993 « - .. 900 - - >9,S45 1 - - lif 1 , a ' {continued,) ■ i 1:!' ■>M mm lie APPENDIX TO REPORT ON THE AFFAIRS OF No. 7— Rrrvaii, showing the Quantitj of land reicrved for the Support of a ProtcMant Cleigjr, Ac—tontimttd. VSAI. iSii 1811 1814 1815 1816 TOWNSHIP. 1817 1818 1819 i8ao 1831 Ely . . Newton Tract StmSord Bamtton InTemeti Kibgie^ Hemmingford Ham . Chatham Leedf . Eaton • Sherrington Sheflbfd Durfaam ar. Hemmhsgford Tingwtck Aicot • Wemlorer Durham Eaton - Grantham Grantham Ixworth Rozton - WendoTcr Aioot - Stukdy- Ely - Clifton • Sutton • Potton • Kingaey Frampton Melbourne Ireland • Grenville TSngwick Melbourne RoxtoD • Milton • Granby Eaton • Tiagwick Wendover Aicot • Chford • Hatley - Chester Leeds • Ely - Shenley Wickham Wendover Grantham Simpson Kingsey HatTey • 'Wickham Ashford Grenville Wendover Stoneham Leeds . Ashford HaHha. Nuibtr of Aeiw ia —A Towwliif . A. too 1 8a 4,950 600 100 300 506 900 5.40or >.«75 I,4oo 1,881 900 100 693 900 35 65 a.757 500 5.000 34> i.aoo 9.316 1,188 37 BIIITIB^ NO^TH AMERICA. |S< No. 7.— RcTUSN, thowiog the Quantity of Laqd re^tnrtd for the Sapport of a Ftoteatafit ClaqQr, Ac— conhaiiMf. YBAB. 1838 1830 1831 TOWNSHIP. Acton • Che«ter Ham . Kildare Rawdon Granby Hatley • Milton - Dudtwell Frampton Ireland • Brandon Lacda • faivemeu Stoneham Grantham Orenville Halifax Upton - Armagh Tingwick Wendover Kingtey Hinchinbrooli Frampton Jeney • Ham InTemeu Chester Ireland - Leeds • Hereford Aicot • Hatley • Orford - Acton • Roxton - Maddington Frampton Invernesa Ham and aug. Eardley Leeds • Shenley Standon Ireland • Wolfstovn Dudswell Hull - Kildare - Templrton Buckingham Chester - Tingwick Rawdon Brandon Halifax Hatley - Acton - Broughton Onslow - Wickham Maddington Upton • Stoneham Warwick New|N>rt Granby Kingsey Aug. of Atton Koxton • NumlMr of Acm ia «uh Timuhip. 3.-111. A. a. p. 369 - - 160 - - .104 a - lao - - fio - - To : : 900 - - iCo - - .440 - - 560 - - 340 - - a66 - - 90 - - 40 - - 40 - - 40 - - iCo - - 1,460 - - 4 - - 850 - - 60 - - 100 - - 40 - - 5ao - - i,o()8 - - i.>43 - - 130 - ~ 500 - - 240 - - 40 - - 340 - - 1,010 - - 1,140 - - l!l8 - - C43 - - no - - 57 - - 1.157 - - 78 - - 646 - - 3D - - 31a - - 3,378 - - 430 - - aao - - 360 - - 180 - - 440 - - 338 - - 76 - - 730 - - 330 - - 180 - - 530 - - 400 - - 580 - - 37U - - 433 - - too - - 40 - . 360 - . 100 - - iCo - - 1 30 - - 360 - - 40 - ■ 80 - - 40 - . 300 - ' 330 - ■ Nnmktr af Auii in nek VMr. A. a. P. 6,143 a 1,638 - 5.380 - - YEAR. 1831 1833 TOWNSHIP. 1833 Nuntar t( Aent in ■wh Tomihip. Ascott • Eaton - Lochaber Grantham Ham • InvemeM Leeds • Rawdon Buckingham Roxton Grantham Hull - IreUnd • Kilkenny Wendover Wickham Kildare Acton - Chester - Wentworth Stanfold Dudswell Kinssey Hatley • Hemmingford Lochaber &Gore Newport Tingwick Brandon Ely • Halifax- Ascot • Tewkesbury - Wolfstown Broughton Milton - Bulstrode Upton - Granby - Eaton - Grenville Templeton • Clarendon Ham - Ireland • Stukeley Eardley Kingsey Hull - Brandon Kildare & aug. Leeds - Rawdon Roxton - Buckland Wickham Hatley - Cranboume - Templeton - Kilkenny Dudswell Grenville Wolfstown - Granby Warwick Upton - Acton - Inverness Ixworth Halifax - Grantham *. a. p. 468 ~ - 330 - - >55 - - 180 - - 5,086 - - 974 - - 640 - - 960 - - 160 - - 180 - - 453 - - 1,180 - - 1,530 - - 40 - - 53a - - 400 - - 80 - - ^ : : 364 - - 180 - - 300 - - 140 - - 113 - - 410 - - 300 - • 160 - - 9,040 - - 360 - - 130 - - 30 - - 80 - - 100 - - 340 - - 330 - - 18 - - 330 - - 80 - - 60 - - 1,470 - - 380 - - 530 - - 1,760 - - 400 - - 100 - - 140 - ■ 130 - • a6 - - 330 - - 505 - • 70 - ■ 400 - ■ 80 - 644 - . 30 - - 180 - ■ 578 - . 60 - a6o - ■ 340 - • 490 - • 400 - ■ 130 - • 40 - 1,644 - 40 - 160 - 40 - 130 - SO - NnlMr tf And in nch Ymt. »3.7(H - - »9.539 - - m B 9 2 (fonttnued-) IMAGE EVALUATION TEST TARGET (MT-3) /. (/ ^ V ..v^ 1.0 1.1 m I8i2 12.2 ^ 1^ 120 Ui& IL25 i 1.4 IU4I 1.6 k" — Photographic Sciences Corporation 23 WBT MAIN STRUT WIKTIR,N.Y. USM (716) •72-4303 >^^ ^ tSa APPENDIX TO REPORT ON THE AFFAIRS OF 1 No. 7.~RtTURti, tbowing the Quantity of Land reterved for the Support of a Protestant Clergy, &c. 1 Kunber of Acm Mumber of Acrci Nnmbcr of Acm Number of AerM 1 YEAR. TOWNSHIP. ia fftoh Tomuhip. in ochYoir. YEAR. TOWNSHIP. in nch Tomuhip. in nch Ymt. A. R. P. A. R, r. A. R. V. A. a. r. 1833 Eaton - iGo - - 1835 Tingwick 160 - - » Barnston 40 - - » Grantham 320 - - » Wendover 64 - - »» Granby 90 - - i> Buckingham - 940 - - » Kingsey 970 - - »» Lochaber 40 - - 10,051 - - f» Wendover 640 - - 1834 » » »» Stukely Buckingham • Dudswell • Chester- Inverness Kilkenny - Halifax - Kawdon 35 - - 1,280 700 - - 820 - - 360 - - 2S0 - - It >» it >» " ti Wickham - Stoke - Broughton Hull - Barnston Newport Aug. of Aston 80 - - 80 - - 80 - - 300 - - 10 - - fi35 - - 160 - - » 320 - - 760 - - II Onslow - 66 - - 33,165 1 t4 n Maddington • 580 - - 1836 Thetford 3i055 9 35 n Grenville Ik aug. 180 - - »» Ixworth 80 - - >i Leeds • 176 - - 1» Dudswell - 540 - - >i Templeton - 120 - - )» Bristol - aiC.H - 3> n Ham - 793 - - >» Acton - 80 - - »• Brandon 20 - - It Grenville 210 - 16 w Acton • 100 - - »l Lochaber 300 - - »> Frampton 340 - - t» Litchfield - >33 - - i» Tring - 44" - - »» Roxton 280 - - »9 Ireland - 340 - - )) Itawdon 360 - ~ 9f Kildare 6 - - » Inverness 100 - - » Clarendon 180 - - >l Ireland - 180 - - »> Litchfield 6,868 - - » Eaton - 1,950 - - » Roxton - - 246 - - » Hull - 97 - - >l Stanfold 40 - - yy Buckingham • 1,687 - >» Cranboume - f)i7»3 - - »» Mare - 934 - - >* Thetford 20 - - » Warwick 160 - - I» Hatley • 20 - - i» Chester 200 - - >* Ely - - 160 - - »» Wendover 472 - - »» Bristol - 6,859 - - It Clarendon 353 - - >l Matane 11,217 - - tt Newport Cranboume - 100 - - »> Wolfstown . 340 - - 42,623 - - tt 180 - - 1835 ,1 Stukely Buckingham • Dudswell 30 - - 4iO - - 180 - - tt tt Kilkenny Wickham Buckland Stoke - Hatley - Orforil - Maddington • Leeds • Kingsey Eardlcy Tring - 359 - - 20 - - 189 - - »> II II II II II II 11 Chester Inverness Kilkenny HAlfax Kawdon Maddington • Grenville Leeds - 700 - - 340 - - 560 - - 826 - - 1,700 - - 60 - - 640 - - f.(;-, - - t» 11 t» It tt tt ti It 20 - - I|243 - - 480 - - 2.33 - - 160 - - 380 - - 20 - - 200 - - II II II Templeton Ham - Brandon (io - - I,Oi!5 - - 20 - - tt tt tt Onslow Aston - Bulstrode 120 - - 33B - - 40 - - II II II Acton - Frampton Tring - Ireland 520 - - 2liO - - (iot) - - 460 - ~ tt tt tt tt Jersey - Broughton Stukely Compton 20 - - 90 - - 200 - - 11 - 31 II II Kildare Clarendon 22 - - 1,656 - - t» f Kly - Granby Ham - Aug.ofKildare Ashford Weedon 40 - - 80 - - % II II II II Litchfield - Roxton Stanfold Cranboume - 263 - - 280 - - 262 - - 280 - - II tt »i It 140 - - 20 - - 20 - - 460 - - II Tbetfon) 1,296 - - tt Halifax 2Q - - 18,037 - 33 II Hatley - - 354 > 94 1837 Tlietford 9,95a - 16 II Ely - - >ii54 - - tt Ely - 900 - - n Bristol - 1,609 - - tt Cranboume - 40 - - II Milton - 100 - - It Dudswell 80 - - II Wolfstown - 100 - - tt Kilkenny 94 - - II Ware - 6,710 - - tt Bristol - 391 3 90 II Eaton • 500 - - tt Wickham - 100 - - II Warwick 580 - - :> Ashrnrd 560 - - »i StandonA-aug. 3.a>.5 - - It Grenville 120 - - II Wecdou a6o - - t» Weedon 140 - - II Lochaber '•737 - - It Wolfstown • 400 - -. ^r^ Number uf Atro in «cli Ymt. A. R. F. 33,165 1 14 18,037 - 33 BRITISH NORTH AMERICA. 183 No. T. — RiTURK, allowing the Quantity of Land rewrved for the Support of ■ Protestant Clergy, fte.— confHttwd. Number of Acrei Number of Acne NttfflbnofAcia NumbvofAcn* YEAR. TOWNSHIP. in in YEAR. TOWNSHIP. in in each Towuihip. MchYeu. •ub Towadiip. •KhYi*. A. R. P. A. R. P. A. R. P. A. R. P. 1837 Roxton - lao - - 1838 Thetford 797 1 94 « Maddington • SheSbrd 30 - - it Buckingham - 495 1 18 a6 - - It Chester - 360 - - Rawdon 340 - - Ashford 300 - - „ Wentworth - 566 _ - u GrenTJlle 80 - - » Invemew 400 - - II Orford • 40 - - ,, King»ey 30 - - »» Tring - - 170 - - », Stanfold 380 - - » Kilkenny 140 - - „ Ireland • ISO - - 11 Onslow - 5 - - ** Chatham 40 - - » Rawdon 140 - - ,* Eaton • 10 - - II Kingsey 80 - - Tring - Farnbam 400 - - Inverness 30 - - n 40 - - 11 Stukely • 30 - - Ondow - 38 3 - Maria - '3 3- Grantham 30 - - Ham . 30 - - Buckingham - 1,08a a 39 M Armagh S03 3 - Upton • 40 - - »l Clarendon 40 - - BuUtrode 5»* - - II Aug.ofKildare 30 - - Standon 389 - 33 II Bulstrode 100 - - Warwick 100 - - 11 Brandon 183 - - Chester - 360 - - 11 Broughton 740 - - Brouehton - VVendover Clarendon 560 - - 11 Bristol - 30 - a7j 3,887 - agi 6B5 - - 40 - - Total - - - 673,567 - loj Litchfield • 133 I 34 10,463 - 11 •f RECAPITULATION. TOWNSHIP. Number of Aerea. TOWNSHI P. Number of Amt. TOWNSHIP. Number of Aera. A. R. p. A. R. p. A. R. P. Acton . - Armasn . - - Arthabaska • 7.«3!) - - Frampton - 8,556 - - I'otton ... Hull . 7.73a - - Standon 4,0.34 - 33 Krandon 5.183 - - Hunterstcwn . - 4,400 - — Stanfold 5.730 - - Bristol - 11,464 - .I8i InvemuRS 5.849 - - Stanstead 10,810 - - Bronie ... 8,35 1 1 38 Ireland . - 6,838 - - Stoke . 8,300 - - Brompton 8,uoo - - Ixworth - 1,630 - _ Stiineham 5,000 - - Broughton 6,600 - - Jersey - 1,088 - - Stukely - 8,035 - - Buckingham • 9.330 - >7 Kildare and an gnicn- 4,993 - - Sutton ... 8,500 - - Buckland 3,»5i - - tiition. Templeton Tewkesbury . 3.79» - - BuUtrode 5.«e9 - - Kilkenny 3.043 - - 5,080 - - Bury . 2,30O - - KingBcy 6,693 3 - Thetford 11,831 - 35 Chatham 6,680 - _ Leeds - - 6,79a - - Tingwick 8,991 - - Chester . 7.850 - - Lingwick 3.000 - - Tring ... 6,310 - - Clarendon a.6<)9 - - Litchfield - 7.386 1 94 Upton and augmen. 8,663 - - Clifton - 7.«85 9 - I^chabcr 7.055 - - tation. Clinton ... 3,000 - - Maddington • a.647 - - Ware . 7.644 - - Compton rrnnboume • 7,701 - 31 Magdalen Islai ids - 8,143 - _ Warwick 5.840 - - 10,871 - Mutaiie and au gmin. 13,490 - - Weedon . - . 3,460 - - Dittun - 3,aoo - - tation. Wendover and aug- 4,806 - - Dorset . 10,300 - - Maria . • 3 3 _ mentation Dudswfll 5.«45 - - Melbourne 5.633 - _ Wentworth - 3,046 - - iJunhani 8,179 - _ Milton . - 6,653 - _ Westbury ".973 - - Durham 8,507 - - Nelson . ■ 7,811 - - Wickham 9.658 - - Ettnlley • 1.7S8 - - Newport - 5,375 - - Windsor 10 350 - _ Eatou . !».36.'. - - Newton . 8,668 - _ Wolfstown - 3,800 - _ Ely . - . Farnhaiit 7."54 - 7,678 - Unsluw . OrfortI - 3,790 1 3,101 - - - Total - . . 673,.';67 - loj Mi 3-111. 11 B J ^m"^ *a4 APPENDIX TO RBPORT ON THE AFFAIRS OF No. 8. MEMORANDUM ofSALMof CaowN Lawdi and Clirov Rmirvm bettvden the Itt September 1838 and 90 June 1830, in which the quantity sold to each Individual or Company exceedi Annn Ad-rm 0,000 Acres PURCHASER. ■ TOWNSHIP. CROWN. CLERGY. TOTAL. A. A. A. Britiih Amerina Laod Conpui} - Wickham . . . . 3.ao8 — Ditto .... Acton ... 7tt6 4.447 _ Ditto .... Brome 3,400 Ditto .... Milton ... 3,674 _ Ditto .... Oranby ... a,3oo — Ditto . . - - Shiflbrd . 1,800 -_ Ditto .... Stukeley - 3.07 » — Ditto . . . - Ely ... . 5,300 Ditto .... Roxton ... 8,960} Ditto - • . . Stanstead • 130 .. Ditto .... Bamston ... 3.a56t .— Ditto .... Potton 4.400 — . Ditto .... Bolto-i , 1,700 — Ditto .... HaUey . . - 3.673 — . Ditto .... Newport ... 3,800 — Ditto .... Weetlon - - . 8,600 — Ditto - - - . Dudswell - 6,065* — Ditto .... Westbury . 995 — Ditto .... Brompton ... ■ 1,706 — Ditto .... Orford 900 Ditto .... SuAe 3>94> — Ditto .... Ascot 3,000 ^ Ditto .... Bury .... 3,000 — Ditto .... lingwick ... Melbourne ... 9,400 — Ditto ... - 60 .^ Ditto ... - Barford • 4,800 ^ Ditto Clifton 8,388 Ditto . . ■ . JLaton ... 4.350 Ditto .... Auckland . 3,800 Hon. Mat. Bell . . ■ Caxton ... 5,ooo Hemry Hunt, HompliryiJc Webb . . Ditto 33,888 5.331 —. Jai. H. KeiT & T. Kimpton . Hunterstown 4.300 4,300 — Lieut. Col. D. M'Dougall . Acton 3» — Ditto .... Upton ... Westbury . . 1,68a 4.005 — Ditto .... . 1,048 Tyler Hervey Moore - Simpson ... 7.735 7,800 — Ditto .... Wendover ... 16,500 6,400 Ditto .... Wickham . . . 9.466J 3.i84i Ditto .... Grantham ... 4.400 » • _ Charles R. Ogden Stukeley . 1,600 — Ditto .... Newport ... 4.400 — Ditto . Thetfard - 3,900 3.9eo Ditto - Eaton 400 Ditto - ... Clinton ... 9,000 M Hon. J. Richardson Grantham - 5,600 _ Thos, Allen Stagner - Chatham . 300 400 — Ditto .... Horton ... 1,588 Ditto .... Blanoford ... 5.460 Ditto . Kingsey ... Ware, Cranboume & Stan • . Randolph Isham Routh Ion 6,599 . ^ Thomas Ryan ... Kingsey . Total - - - 10,500 1,800 — 93.9»7J > 58,4791 351,7004 RECAPITULATION. PURCHASERS. CROWN. CLERGY. TOTAL. British American Land Company A. 796 A. ioo,o56J A. 100,7834 Hon. Mat. Bell .... 5,000 . 5,000 Henry Hunt, Hiimphrys & Webb - Jai. Hastings Korr & Kimpton 33,888 5.331 38,319 4.300 4,300 8,500 Lieut. Col. D. M'Dougall 1.713 5.053 6,766 Tyler Hervey Moore Chas. R. Ogden - 38,1015 17.3841 55.4864 3,100 11,600 14.800 Hon. J. Richardson 5,600 5.600 Thos. Allen Siayner 300 7.448 7.648 Randol|,599 6,599 Thomu Ryan . . . ■ 10,500 1,800 19,300 Total - - 93.997} 15«479| 351,7004 "n- BRITtSH NORTH AMERICA. »«5 No. 0. RETURN of the Quantity of Land lold in the Diitrict of Gipt, mee 18S7. YEAR. TOWNSHIP. ACRES. ^ Total Imnbtror PCRCHA8EBB. Aero. 1833 1835 » »f ■» » n 1* Hittigouche • ft 99 ft I* »» ft tf ft - ■ •i.lOO 368 1,761 310 300 336 300 300 30O ■ . 5.875 3.038 • a>>59 5.876 " 988 3.063 1.546 300 Robert Chriitie. Robert Feiguion. 15 Purchaien. Edward Quinlin. Richard Primroy. John Rodgen. Patrick Doyle. Michael Cheaters. William Callow. 14 Purchasers. Peter Ingram. David Nelson. Alexander Allen. George Dixon. Jamei Haley. 3 Purchasers. 14 • ditto. W.Cuthbert&Co. ditto. 1 Purchaser. . W.Cuthbert&Co. 38 Purchasers. 31 - ditto. Edward Burton 3 Purchasers. John Grant. 5 Purchasers. 30 - ditto. Edward Enwright Arthur Ritchie. Edward Enwright ditto Remitted. 1834 >« »» t» » 1835 Kempt Road II ■ " If " " ff " " It " • ■ fi " " It " " Mark- • . » " " " « - - - 1. " " • New Richmond • » CarletoD Hamilton - .. " • Hope - Port Daniel - i,3CC 500 186 35a 334 300 500 1834 » »836 11 1,30B 568 84 1834 1835 7>9 a.785 3,019 350 >834 1835 >74 307 487 f* 3,003 7(io 300 Remitted (MUitary). 1,546 300 ditto, ditto. ■ M,5H No. 10. RECAPITULATION of the Numbsr of Acaas granted gratuitously under Patent in each Township, from 1706 to 1st August 1898, inclusive. TOWNSHIP. Acton • . . Armagh Arthuaska • Ascot • . . Ashford Aston and augmrntation Auckland 3.— III. Niimher of Acrct tnclutlml in l*at«DU prior tn ISiT. Numbtr of Acm incluiM in Pitenlt 6r«in 1827 lo til Augoal 1138, incliuin. A. 33,000 3,400 11,000 38,600 1,300 a7.79a aa,ouo A. a. H.751 - 33,647 - 3.900 - 3,481 - Total Number of Acrto griBled gntuitoiuljr inUtlertPktant. P. ^.75» 3,400 11,000 7>.«47 5,100 3>.a73 93,000 • y i' > ■ I ■I -11 B B 4 (eoHtitmtd-) ■MM |R6 APPENDIX TO KBPORT ON THE AFFAIRS OF Mo. 10,— NuMiiit of AcTM granted gntuiloutly under Patent in each Tuwnihip, tie. to wti nutd. TOWNSHIP Barfbrd Barniton Blandford Bolton • Brandon Briatol • Biome • Brompton Broughton Buckingham Buckland Buhtrode Buy • Chatham Cheater- Clarendon Clifton • Clinton • Coinpton Cranbourne Ditton • Donet • Dudiwell D'lnham Durham Eaidlejr Eaton - Ely Famham Fnunpton Godmancheater ... Oranby ..... Oraotham .... Grenville and augmentation . Hallfiax Ham • Hatley • Hemmingford Hereford Hinchinbrook Hull • Huntingdon . InvemeM Ireland • Isworth Jeney Kildare and augmentation Kilkenny ... Kingtey ... Kennebec Road • Lingwick Lichfield Loofaabar NumlMr of AcKt iwludRl in Putnli pfiorto 1837. Numlwr nf Acres iiMluiM u PktenU fraai 18:17 to In Au|[530 11,000 85,800 1 30 3 - 11,000 50.736 14.400 40.895 4«.»53 7.900 s6joo a6,8oo 39.440 88,300 4«.939 33.900 7«.8«9 11,138 »3.3oo 13.400 86,100 39.4ao 30,800 88,019 16,656 TotakNnbtr of Acm grutad inliutOMljr iaLettmPalfBl. 13,300 >7«74 7.533 14.330 30,110 - - 44.1 3a ia,ooo >4.675 A. ■. 800 - 88,819 a,45a 9,300 >5>9<6 4.014 3,66b 16,565 - - 10,683 - - i8,goi - - 546 3.986 9.300 - - 800 - - 1,360 - - 1,810 - - 4.900 - - 5.300 - - 800 - - 14,000 - - «6.847 13,100 4.368 14,400 I 36 5457 - - 4,676 - - 15,849 - - 3.400 - - i,a6o - - 11,687 - - 836 - - 10,959 - - 1 30 A. a. p. 86400 99,800 37.657 68,691 99,8ig - - 9,459 - - 41.757 3 - 40.900 - - 33.100 - - 39,996 - - 15.514 - - 97,469 - - 11,000 - - .118,431 - - 35.834 - - 18.901 - - 49.530 - - 11,000 - - "5.746 - - 3,986 - - 11,000 - - 50,736 - - 93.700 - - 4'.095 - - 43,613 - - 9,110 - - 41,400 - - 39,100 - - 39,640 - - 49,300 - - 68,786 1 36 46,000 - - 81,937 - - 85.638 - - 7,000 - - 30.300 - - . . 13.400 - - 9.511 - - 35.619 - - l.59« - - 41,011 - - 1,300 - - 99,000 - - 31,967 3 34 43,a86 3 34 15.889 - - 3a>546 - - 9 tt6 - • t6 10,890 . _ 93.190 _ _ "5.397 - - 33.371 - - 90O - - 7.733 - - 5457 - - 19,006 - - 15,849 - - 33.5«o - - 1,960 - - 35.819 - - 19,000 - - 836 - - 25.634 - - nnw«^^^i^ «■ BRrnSH NORTH AMERICA. »«7 No. 10 — NtJMBER of Acre* granted gratuitously under Patent in each Township, tic.—coHtinued.) TOWNSHIP. Maddington . • - Magdalen Islandii - Matane and augmentation Melbourne . . - Milton . . • • Nelson Newport Newton Onslow - Orford • Potton - Rawdon Roxton - SheSbrd ''''.' Settrington - - * ' Sherrington . - " " Shenley> . . - - Sbipton - - - " " Simpson - - " " Somerset - - " - Stanbridge - - " - Standon . . - - Stanfold - . - - Stanstead . . - - Stoke . - - - - Stoneham . . • . Stukely . . - - Sutton . • - • • Templeton .... Tewkesbury . . . - Tlietford . . . - Tingwick .... Tring Upton and augmentation Warwick . . . - Weedon .... Wendover and augmentation . Wentwortll .... Westbury .... Wickham .... Windsor . . . - Wolfestown .... Winslow .... Three Islands in River St. Thomaa Islands in Ottawa ■ • . Total . - Numlwr of Aem included in PMcnto prior to 1837. Number of Acm included in P> o r>. o> W5 (0 1 e» t^ o ■*• ^ , t-. O r^ o « 00 •«■ - OJ rt ^ E f^ M IM M ^ V.4 M CO Q n •♦ to e« e< ^ s ^ e> c> ■* Cl 1: CO i>* t« PS <*l M r>. 0© CO c» «?. •-■ n " w* •♦ Vi oo" ^ CO -mt •tj o> Oi n r* 1 * CO -*■ 00 1 •o £ t- O 00 ce r» r» e> CO <3 ko t^ o >« •■^ F< F^ « F^ X o 1 1 J? o ■* o» uo ;o CO CO v« CO o 5 n ? ^ 4 —A—, ,—^ — , ,— A^ ,_«_. , . II •^ « r r W 1- « •♦ e« ■* 1 1 ""'S""'r!! ■ • « — ^-» f-*— . «— ^-^ 1— "^ 1 — ^' — 1 r— '^ « i 1 9 00 |jf 88 m CO >S CO % 8§8 till f4 * »- S 00 .8 £ •o ^ I 3 Hi * • • ■ I 'n 1 • 1 >o Is CI CO ' ■J ■w w» ■ • . * t< i M - • ■ • • ]j 1 • • 1 § 1 M cS c5 » ' ' II "tt H* C £ s " = E : £ 1 • ^ n % 1 O § i 1 a ,? 5- n 00 t ^ 00 & s s % i c< •♦ •*■ * ei" u S - s s £ .. K s £ £ £ 1 • . CO I>. 00 ? •S, •+ ^ § § fi CO CO ■+ 'T « « U5 c< o •o £ 1 it - »0 CO W5 g 1 • tC "^ •t^ 1- ■ % CI S3 IC 1 • 00 00 g> a CO a CO CO s a 3» 64 66 i,7o(i Exceeding 100, cceding • and not ex-' aoo 40 35 «9 37 3> ao 37 5> »4 >3 387 „ 300 1. 300 - - - s - a 4 7 4 3 33 » 300 .. 400 1 - - 1 3 1 11 4 a 33 » 400 1. 500 - - - - - 4 a 1 1 9 » 500 .. 600 - - - - 1 3 5 3 1 H „ 600 >* 700 - - - - 1 4 a a 1 11 >. 7CO » 3oo 1 1 - 1 - - 3 1 - 8 „ 800 .1 900 - - - - 1 6 4 7 - »9 » 900 n 1,000 3 - - 1 1 a 4 a 1 >4 „ 1,000 II 1,100 - - - 1 - - I ~ - 3 „ 1,JOO II i,aoo 3 - - ' - - 1 6 - 13 „ i.aoo II 1,300 1 - - - - a - 1 - - 4 „ 1,300 .1 ly+OO - - - - - 1 - 1 3 - 7 » MOO II ii50O - - •• - - - - 1 - - I » 1.500 II 1,600 - - - - - a - a - - 4- „ 1,«00 11 1,700 - - - - 1 1 - 1 - - 3 „ 1,700 I. 1,800 - - - - - 1 - 1 I 1 4 „ 1,800 1. a, 000 - - - - - 1 - - -■ - 1 „ a.ooo )i a,aoo - - - - - 1 2 - ■" 1 4 „ a,aoo II a,3oo - - - - - - - 1 - - 1 >. a.soo .» ■i,7oo - - - - - - - - 1 - 1 » a,700 .. a,7a6 - - - - - - - _ 1 - 1 „ a.7a6 II 3,850 - • - 1 - - - - - 1 .. a, 850 I. 3i95o - - - - - 1 - 1 - a •> 3.350 1. 3,fioo - - - - - - - ^ - 1 1 „ 3,«oo 1. 4,000 - - '- - - - - - a - a „ 4,000 1. 4,a(i8 - - - - - - - - - 1 1 „ 4,aG8 11 SiaSo - - - - - - - - - 1 1 ,. 5.980 I. 5,5^5 - - - - - - - - 1 - 1 » 5>535 II SitiTO - - - - - - - - - 1 1 .. 5.670 II 7.»04 I 1 2,170 ■' '.1: 3— III. c c 2 tpo APPENDIX TO REPORT ON THE AFFAIRS OF . No. 13. MEMORANDUM oFSalm of Clhoy Reserves between the 4lh July 1830, and 31st December 1837. arranged in Classes of Sales of Lots less tlum and not exceieding 100 Acres, or Lota exceeding 100 and not exceeding SOO Acren, and any larger quaniitiea. 1820. 1830. 1831. 1832. 1833. 1834. 188&. 1836. 1837. Tot A La. Less than and not ex-l ceeding loo acres f 9 a8 88 H 950 lao 67 36 79 684 Exceeding loo andl not exceeding aoo; 1 a >3 »9 C5 30 SI «9 93 909 „ aoo „ 300 - - - 1 9 3 1 a - 16 „ 300 „ 400 - - 1 - 3 - 4 4 - 11 „ 400 „ 500 - - - - I - — 4 - ■ 5 • „ 500 „ 600 - - - 1 — 1 — — I 3 „ 700 „ 800 - - 1 - 1 - - 1 - 3 „ 800 „ 900 - - - 1 - - - - - I ., 900 ,,1,000 - - - - 1 - - — 1 a „ 1,000 „ 1,100 - - - - - - 1 — - 1 ,,1,100 „l,90O - - - - - - 1 - ~ 1 „i,aoo ,,1,300 - - - - I - - - - 1 ,,1,600 ,,1,700 - - - - - - - 1 - I ,,1,700 ,,1,800 - - - - — - - 1 - 1 ,,3,000 „ 3,300 - - - - - - 1 - 1 4 ,,9,300 ,,3,400 - — - - - -, - - 8 9 Notexceeding9,C33 1 1 944 No. 14. STATEMENT of the Surveyed Lands in the Province of Upper Canada, of the Cliroy Reserves, Granted or Appropriated, and Vacant Lands. Surveyor-general's OIFk'c, "1 Toronto, U. C, 33 Sept. 1838. J R. B. SuUivaH, Surveyor.general, U. C. the CLiuav tEMARKS. mm BRITISH NORTH AMERICA. '9« J I |1 ^ C to t^ i.- 8 iA: o t» 00 X « o>(o nncoo n «ood"'+'*t^oooo">^ I I -• I o» r» 00 uj ■+ w I *WClO00«>'*t^5> u);ooo ^^-C^C^-oo 'noo o - _ -_ W <^ CO Ct^ eo eo t^ «r M e« t^i CO ■r ^ i 5i o m to CO Q O) CO u O. f^ ^ ^ ^ "* * ^ ^ 1 goo'^oooo o>o(oeo<-i ^ ' -IS Res. for Six lations Indians, I Gore district. tC5 r- 00 00 v^ .—III. <4 6 0>0>"CTeo*»<5ooooooaocooocoooM'~3 CO I o ta 00 « CO t>. « o o o «J M c» « eo eo "5 « W5 ♦ h» tD m O v CO Ci " 00 ^ ix u: e« 00 F> .J ef t^ e5 "1 r» e« "-o eo o a 5 >0 e« ts 00 >o W) >5 m eo eo n CO I 1^ eo * r» 00 « M o - « to c< 3> eooo eowj-. — i>.tc 00 eo»oci'*"5 00 e« eTi^coi^c^to'o''^ 00 «o s CO !■'• W^ 5oo ■♦tou5'>00 a tjoo »-^«eo^oot^« 5 eota''fdtoooertC _ p4 et M r> eo CO h> 5 tj_^ r» eT to t^ e« w 00 00 oomP''e«eo^>5'or>.oo a >!« c«eoeoeoco«.950 150,800 «i734.«39 3,aoC,989 Militia Claimants. 1)04,333 >a4.37ti 409,001 730.709 Surveyor-general's Oflke> Toronto, an September 1838. R p. Sullivan, Surveyor-general. No. 17. A RETURN of the Nvmbcr of Acru of Crowk Lands Rran'^ j from July 1804 to January 1819^ under the HegulatioiM of the 6lh July 1604, buoject to the iwyment of Fees. Total Surreyor-gencral'* Office, Toronto, 10 October 1838. 388,163 Acres. /. Radenhurit. No. 18. A RETURN of the Number of Acrks of Crown- Lands granted under the Regulations of the Itt January 1820. Total 74,938 Acres. Surveyor -genera''* Office, Toronto, a Octob<;r 1838. J. Radftihurst. No. ll». A RETURN of the Ki'mrer of Acres of Crown Lands described for Patent during the time Settlement Duty was in force, namely from the 14tli November 1818 to the 1st July 1R3&. Total Surveyor gtnerarK Office, Toronto, 10 October 1838. 3,078,487 Acres. J. Radenhurst. No. 3(1. A RETURN of the Number of Acres of Uoveknment Lands for which Descriptions have issued since the 1st of July 183^, the period at which Settlement Duties were dispensed with on Grants to U. E. Loyalists sid Militiamen. Total i,oCa,3oo Acres. Surveyor-general's Office, Toronto, 4 October 1838. J. Rndeiihurst. No. 21. A RETURN of the Numbbk of Acres of Crown Lands granted undc the Regulations of 18*^3 (without purcliasing). Total 15,100 Acres, being under the quit rent system. Surveyor-general's Office, Toronto, 10 October 1838. J. Radcnliursl. S.B. Tlie original grantees, under this rei;ulatIon, on application to the Lieutenant-governor in Council, now receive t-cir patcnu on payment of the fees of 1804; the regulation itself liiis become obsolete. J. Radenhurst. milTISH NORTH AMERICA. »93 No. 22. K itl^TURN of thu Number of Acke« of Land granted to diachargc Boldicraand Seamen, Previoua to the 31 M December 1 8'jj ... 113,300 Acres. Subicqucnt to 3itt December 183,5 Surveyor-gcncrar» Office, Toronto. 1(1 October 1838. 337,300 Acret. J. RadenhurtI, No. 23. A RETURN of the Number of AcRSii of Crown Lands granted to Magiitrates and Barriiten. t Total 335.500 acres. Surveyor-gcncal's Office, Toronto, 15 Oc ■ J. Riulmhurst. 15 October, 1838. No. 24. A RETURN of the Number of Acres of Crown Lands granted to Clergymen of different denominations. SlCT. No. or Acmig. Church of England - - - Presbyterian . - . - Roman Catholic ... 2g,ooo 3,000 4,700 Total Acres - - - 3f),<)00 SurTcyor-gcneral's Office, Toronto, 15 October 1838. J. RadenhurtI. iu? ! issued 1 Grants Wiurst. |of 1826 vsteni. tnirst. Irnor in Ijcconie No. 26. A RETURN of tKe Number of Acres of Crown Lands granted to Executive Councillors and their Faniilies. NAME OF THE GRANTEE. Hon. Alexander Grant Alexander Grant, jun. I Bella Grant « Archaiigc Grant I Phillis Grant - i llicrcsa Grant - I Hetsy Grant •5 , Nelly Cirant ji. i Nancy Grant I i Mary Grant - . - *• [ Mrs. Theresa Grant - JHon. Peter Russell I. f "'n "'1. 1 Elizabeth Russell Hon. Henry Alcock - lumily of \ Catherine H. Alcock n. Mccirk. J Jlrs. Hannah Alcock No. of Acru. OiOOO 1,300 1,300 1,200 1,200 1,200 1,200 1,200 1,200 l,20O 1,200 C,000 1,200 (),0O0 1,200 1,200 c C4 Date of the OrdCT» in Council. 10th July 1793 and July 1799. 2 1st August 1796. 10th June 1797. 17th October 1793 and ist July J799- 18th July 1795. 1st December 1798 and ()th Feb. 1807 Mst December 1798, (foiUiHucd.) >94 APPENDIX TO REPORT ON THE AFFAIRS OF M NAME oV THE GRANTEE. Hon. Samuel Smith Samuel Doies Smith j oia I Anil Smith _^ Isabella Smith ? ■§ !j ^ Fmma L. Smith 1^ Catherine Smith 1, Harriet L. Smith No. of Acre*. e-s 1 Hon. David William Smith Mn. Ann Smith Mary Elizabeth Smith Surah Smith . . . David W. Smith, jun. John Smith iVIrg. Ann Smith (widow) Hon. John Elmgley - JolSo^-W.} Mrs. Mary Elm.ley. Hon. James Baly Hon. John M'Gill J Hon. William Duramer Powell J.Som.;M"-t'«">erine M'Gill f Mrs. Hannah Powell - - - . John l>o»*rll - . . . . ! Grant Powell . . . . - ' Jeremiah Powell . . . . '■ Tliomas Powell . - . - - : Ann Powell . . . . - ! Elizabeth Powell . . - - s Mary lloyles Powell . . . . Hon. William Claus . . . . [ William Claus, jun. - . . . John CInus . . . . . Warren Claus . . . . . I Mrs. Cathrrinc Claus - . . - Mrs. Ann Claus, widow of Lieutenant-' colonel Claus " - " J Hon. J^ncas Shaw - . . . ili^neas Slinw, jiin, . . . . Alexander Shaw . . . . Charles Shaw . . . . . George Show . - - . . John Shaw . . . . . Itichaid Shaw . . - . - Isabella Shaw . . . . - Sophia Sliaw . . . . . 3 j Ann Shaw . - . . - '^ Charlotte Steuart Shaw . . . [ Mary Kulston Hon. I'redeaux Selby ... Hon. llionias Scott .... Hon. Colonel John G. Simcoc o.°^Li;:I;?V>'>"=i«^-simcoc . . - ?l 1 ■= = « S John Smoll, Esq. Mrs. Eliza Small Joseph A. Small John K. Small James E. Small ToUl Acres 4,380 1,'JOO 1,!]00 1,200 1,300 1,300 l,3QO 7,300 1,300 1,300 l,3UO 1.300 1.300 1,300 C,000 fijOOO 1,300 6,000 I,30O 0,000 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 3,000 1,300 1,300 1,300 1,300 5,000 (>,ooo 1 ,300 1,300 1,300 1,300 1 ,300 1,300 1,300 1,300 1,300 1 ,300 1,300 3,000 1,300 5,000 1,300 3.700 1 ,300 780 1,300 1,300 13(i,y(io Date of the Orden in CouiiqI. 93d July 1793. ist December 1836. I 8th May 183a. 13th January 1837, 11th .My 1795, 10th June 1797 1 and ist July 1799. !■ Cth October 1 796, 91st April 1798. Cth October 1 796, ist July 1799 . 15th June 1797. I8t July 1799. •23d July 1793. 4th July 1799. Cth October 1796. agth Dec. 1788, 1st 1794, 3 ist Mar. 1 797 and 7th Dec. 1 803. 3d January 1 797. nth December 1797. iCth Jan. 1 797 and 14th June 1811 19th .Tanuary 1818. 3d November 183O. 8th .August 1833. 19th January 1818. 14th April 1798. 39th July 1795 and ist July 1799 37tli April I T9C. 5th September 18^3. 5th September 1 833. 13th August 1833. 37th July 1797. 1st .Tune 1803. 9th July 1794. 18th June 1795. 3d August 1795,4th Dec. 180C. 6th October 1 796. 4th October 179C. 14th March 1811. 14th \farch 1811. Surveyor- neneral's Office, Toronto, C October 1838, J, Radenhnrst. BRITISH NORTH AMERICA. >95 No. 20. A HETUUN of certain large Grants made to Lkoislativb Coumcilloks and their Familici. NAME OP THE GRANTEE. Hon. Robert Hamilton ' Robert Hamilton, jun. George Hamilton - Alexander Hamilton James Hamilton Samuel Hamilton • William R. Hamilton John Robertson Hamilton Peter Hamilton Hon. Richard Cartwright - Mrs. Maydelen Cartwright James Cartwright - Richard Cartwright, jun. Hannah Cartwright Mary Cartwright Hon« John Munro /'Harry Munro - u. S I John Munro, jun. ?§ William Munro n^ / Cornelia Munro Christiana Munro Charlotte Mi'iro Mary Munro - Hon, Henry Hay „ Thomas Frascr Total Acres No, of Aerat. 6,060 i,aoo 1,300 l,30O 1,300 1,300 1,300 l,30O 1,300 4,433 1,300 1,300 1,300 1,900 1,900 3,900 1,300 1,300 1.300 1,30U 1,300 1,300 1,300 5,000 6,793 43.475 Surveyor general's Office, Toronto, 6th October 1838. Data of the Onkn in CouscU. 17th January 1797. '17 th January 1797. 31 St June 1794, 6th Jan. 1796 and 4th June 1796. 7th June 1797. 39th June 1793. 1st July 1797. 23d June 1753. 14th August 1797. J, Itadenhunt. No. 27. SCHEDULE showing the Comfbnsatioxs made to Contractors and Surveyors for making Surveys in the Province of Upper Canada. Htmn of Contractaia mm) Survvyon. Contrutor. Sumyor. Townthiin lorTeynl. Atrei. William Browne Sr. Plantagenet - - - . 3,709 James G. Clicwctt - Medontc .... 3,803 MahUin Burwell Ji Lobo 3.195 William Browne . . »» Seymour .... 3.5«5 J Daniel M'Tntirc Cr. Madoc, part of - . . 1,300 Ezi-kiel Benson Sr. Mono ..... a, 544 Ezckicl llenson it Essa ..... 3.''5P. Ezekiel Benson M Adjala 3,310 Janios G. Cliewett - " " Oro 3,105 James U. Chewett - Albion 2.635 "^labriel Lount ... |» West Gwillimbiiry 1,9611 George Richard Ferguson • Cr. Tyendinaga, part of 1.331 Samuel Uyckman Sr. Ernmosa ..... 2,030 Sanuicl Ityckman Nnsttgiweya, north half of Calcdon, west part of - Madoc, part of . - - 9" 3 Sunmcl Rycknian ti 1,68.-, Daniel M'hitiro Cr. • ■ 1,130 Tliaddcus Davis . Nissouri .... 4.290 Thaddvus Davis • Zorra 6.i">9 Daniel M'Intirc . . n.'adoc, part '>f i,130 James I'earson ... f» • Innisfil . . . . • 3.440 James G. ('hcwett . Sr. Calcdon, cast part of 1,400 Abrahoni Nclles Cr. • m Esquesing, north part of Erin, south half of 1,400 Abraham Nclles tt m m 1,730 Gabriel Lount ... m m Sr. Tecumseth .... 2.350 3.-III. DO (fontiiiued.) m I 'I m »!»• APPENDIX TO REPORT ON THE AFFAIRS OF No. 27* — ScuEOVLK showing the ConipenRation made to Contractors and Surveyors, &:c.— continued. MaaM of CMtTMlon aad Sun'eyon. Mahlon Burwcll Billa Flint Zaccheus Bumham Mahlon Burwell Mahlon Durwell Timothy Street John Galbralth Timothy Street Timothy Street Timothy Street Iliclmrd Bristol Richard Bristol Itichard Bristol Kichard Bristol Kcubcn Sherwood Reuben Sherwood Reuben Sherwood Thomas Smith - Mahinn Burwcll James G. Chewett Zaccheus Burnham John Edward White Andrew Borland and Wil lium Roc John M' Donald John M'Donald Duncan M'Donell Duncun M'Uonell William Browne John Smyth John Bostwick Tliomas Horner Samuel M. Benson Allan Robinet - Allan Robmet - Samuel Ityckman Samuel Ityckman William Biuwne Billa Flint Billa Mint Billa Mint Billa Flint Billa Mint Samuel M. Benson John (ioessmaa Billu Flint Allan Robinet - Allan llobinct - Mahlon Burwell Mahlon Burwell Mahlon llurwell Abraham Nellcs Abraham Nelles Abraham Nelles Mnhlon Burwell Willihm M'Donald Charles Hayes - Samuel M. Benson Samuel M. Ilrnson Abruhum Nelles Juhn Smyth James Kirkpatrick Mahlon Burwell Mahlon Burwell Mahlon Iturwell Charles Fotlier^ill Reuben Slierwoml George S. Bultun Owen Quinn Allan Robinet - Jiunes G Chewett Diliieun M'Donell Iltnry Ewing - Cr. Or. Cr. Cr. Cr. Cr. Cr. Cr. » Cr. Cr. >» 't Cr. »» Cr. Cr. Cr. Cr. Cr. Sr. Sr. »» Sr. Sr. Sr. Sr. Sr, Sr. Sr. Sr. .Sr. Sr. Sr. Sr. r.f. Sr. Tmnnhips lurreycd. Houghton - . . Marmora . • . Otonabee ... Yarmouth, north part of Sfluthwnld, south part -^f Chinguacousy, port of • Mariposa ... Toronto (township) part of Trafalgar, part of . Esquesing, part of - Toronto, part of - Chinguacousy. part of - Ksquesing, part of - Trafalgar, part of - Nasjigiwega, part of Nelson, part of - - Toronto, the Gore of Sombra ... Mosu .... Vespra .... Aspiiodel ... Thora .... Orillia .... Clarence ... Gloucester, part of Cu\nberlanil, & part of Gloucester Gloucester, part of Alfred .... Elzevir .... Westminster ... Dawn .... Hungerford ... Tusorontio ... Mono, west part of I'.rin, north part of Garrafraxu Plantagcnet, Gore of Lnvant .... Torbolton ... Fit.'.roy Pakenham ... Darling ... Sheffield I iny .... Falmerston . - . Mulmur ... Amaranth ... Zone .... (losfield ... Raleigh ... Harvey ... Burleigh ... r.niily .... Howard Rusisell ... Belmont, Lake and Mcthucn Hiiiehinbrook I'edford Blunford ... Kaludur ... Fenclon East Tilbury Wist Tilbury Miildlelon ... Veriiliun, part ol" Mac Nab - . . VtTiilum, part of . Hcirtoii • . - . Melancthon, |>art of Mara - . - . Ops .... Ehlun .... Acres. 1.505 3.458 3.>50 1,096 t.goo 3.555 1,00a 850 800 €00 1,800 800 600 1,000 1,000 900 4.445 a,«37 1.970 i,8io a,at() 3.851 4.'oi 3.463 5.6 1« 1,321 1,320 3.447 i,ai8 3.773 2,466 2,240 960 i.7i«3 4.631 1,476 1,818 795 1,885 1,920 a,88o 3.158 3.803 3.114 3.57a 3.^48 9>6 2,172 6,100 4,126 1.114 1.714 a.550 8.535 H.437 2,858 ».H9 3.362 4.147 a.494 2,306 1,667 1,870 5,128 1.870 1,080 1 ,3"578 Mahlon Burwell . Maidstone ... 3,138 Mahlon Burwell . tf Rochester .... 1.584 Mahlon Burwcll . tJ Orford, part of - - . Coo Mahlon Burwell - »> Orford, part of - • - 354 William M'Donald . . Osgoode .... Olden 5.010 John Smyth . . - Cr. 3.034 John Smyth ... If - Kencbec .... 3,456 John Smyth . . - »» • Oso «.475 Angus Cattanach Sr. Roxborough, part of - - 1,009 Zaccheus Bumham - Cr. - Douro ..... 1,669 Zaccheus Burnham - )» . Dummer .... 3,<>88 Andrew Borland and Wil-I liam Roc - - -J Tuy » " ■ 1,930 Mahlon Burwell . Sr. Carradoc, part of - 1,183 Mahlon Burwell . »» Southwold, part of . . 700 Mahlon Burwell »i Harwich .... 'I'OTAL ... 3.475 364,950 No. 28. Surreyor-gcncral's Office, Toronto, U. C. 5 September 1838. Remaining Acrca. A RETURN of NuMBEn of Acres patented to the Canada Company - - 1,393.388 Approprintr'l In Blocks 1,100,000 Scattered Crown reserves ...... 1,384^.13 3,484,413 1,091,035 J. ilatlenliurtt. No. 20. A RETURN of the Number of Acres of Crown Lands disposed of by Sale, for which Descriptions have issued. Total - - 55>o84j Acres. Surveyor-general's Office, Toronto, 4 October 1838. J. liadenhunt. No. 30. A RETURN of the Number of Acres of Clerciy Reserves, for which Descriptions have issued. Total 73.8o99 may property which it may be expedient to oflfer for 8aIo within the then ensuing year, and the upset price per xre at which you would recommend the several descriptions of property to be offered, obtaining previouslv a certificate from the surveyor-general of woods and forests within the province, tnat the land proposed to be offered by you does not contain any considerable quantity of valuau!d to be offered : that the lots will be sold to the highest bidder, and if no offer should be made at the upset price, that the lands will be reserved for future sale in a similar manner by auction. That no lot should contain more than i ,200 estimated acres. — You will also stale in the notices of the conditions of the snie, that the purchase-money is to be paid by four instalments, without interest, the first instalment at the time of the sale, and the second, third and fourth instalments at the intervals of a year. That if the instalments are not regularly paid the deposit will be forfeited, and the land again referred to sale. In case of purchasers of land at any sale, not exceeding 200 acres, being unable to advance the purchase-money by instalments as proposed, you may permit the purchaser to occupy the same upon a quit rent, equal to five per cent, upon the amount of the purchase-money, one year's quit rent to be paid at the time of sale in advance, and to be paid annually in advance atlerwards ; upon the failure of regular payment, the lands to be again referred to auction and sold ; the quit rent upon lands so purchased in this manner to be subject to redemption upon payment of 20 years' purchase, and parties to be permitted to redeem the same by any number of instalments, not exceeding four, upon the payment of not less at any one time than five years' amount of quit rent, the same proportion of the quit rent to cease. In case, however, the parties should fail regularly to pay the remainder of the quit rent, the same to be deducted from the instalment paid, and the land to be resold by auction whenever the instalment may be absolved by the accruing payment of the remainder of the quit rents. That public notice should be given in each district in every year, stating the names of the persons in each district who may be in urrear, either for the instalments of their purchase, or for quit rents, and that if the arrears are not paid up before the commence- ment of the sales in that district for the following years, that the lands in respect of which the instalments or quit rents may be due will be the first lot to be exposed to auction at the ensuing sales, and if any surplus of the produce of the sale of each lot should remain, after satisfying the Crown for the sum due, the same will be paid to the original purchosers of the land who made default in payment. That no land be granted at any other time than at the current sales in each district, except upon application from poor settlers who may not have been in the colony more than six months preceding the lust annual sale. That settlers so circumstanced may be permitted to purchase land, not exceeding 20U acres each, ot the price at which it may have been offered at the last annual sale, and not purcha^^cd, and may pay fur the same, or by quit rent computed at five per cent, on the sole price, and thenceforth these persons shall be considered as entitled to all the privileges, and be subject to the same obligations, as they would have been subject to if they had purchased the land at the Inst sale. ni cases of settlers who shall be desirous of obtaining grantsof land in districts not surveyed, or in districts in which no unredceninble grants hall have been made, you will, under the authority of the Governor, at any time within the periotl of seven years from the dnt(! hereof, grant permission of occupancy to any such settlers for lots of land not exceeding 200 acres, u])on condition that they shall pay a quit rent for the same equal to five per cent, upon the estimated value of the land ut the time such occupancy shall be granted, and the persons to whom license of occupation may be made shall have liberty to redeem such quit rent ut any time before the expiration of the seven years, upon the payment of 'JO years' purchase of the amount, una at anytime after the termination of the seven years, upon the payment of any arrears of quit rent which maybe then due, and 20 years' purchase of the annual amount of the rent. That no patent shall he granted until the whole of the purchase-money shall have been paid ; nor nny transfer uf the property made, except in case of death, until the whole of the arrears of the instalments nr quit rent shall have been paid. That the purehuse-moncy for all lands, as well os the auit rents, shall be paid to you, or to such persons us you may appoint, at the times and places to be nameii in the condition of the sale. You will give public notice, that you have received instructions to apply to all persons holding lands from the Crown in perpetuity, upon the payment of quit rents, as well as to all persons holding lands upon lease fjr term of years tor payment of the rents which nioy be due from them respectively, to commence from the ist of January 1827 ; and 3. — ill D D 3 VOll '^ f ' « 111 i 200 APPENDIX TO REPORT ON THE AFFAIRS OF you will, at any time within seven yean from the date hereof, gelt to the proprietor, at 20 yean' purchase, any lands held in free and common soccage (but to no other person whatever), any quit rent which may be payable by them respectively, provided that all arreare up to the end of the year preceding toe time of purchase be previously paid. If these ouit-rents are not purchased by the proprietor within the period of seven years from tne date hereof, further insructions will be given in regard to the sale by public auction, or otherwise, as may then be deemed expedient. With re jpect to the lands upon lease for terms of years, you are desired on no account to sell the same by public auction if the rent is not more than two years in arrear^ until the termination of the lease ; but if the rent is more than two yean in arrear, and if, according to the terms of the lease, the same is void in consequence of *he non- payment of the rent, you are at liberty to submit to the Governor or officer adminis- tering the government that any such lots should be sold. If, however, previously to the sale the rent is paid up, you will withdraw the same from the sale ; and you will at any time sell to the lessee of such lands as may be held under lease, at such price as the Governor or officer administering the government may, upon your re- commendation, approve of, the land so held, all arrean of rent being in every case paid up to the end of the year preceding the sale ; but in no case at less than 20 yean' pur- chase of the rent. You will, on the first January and firet July in every year, render a complete account of all your sales within the preceding half year to the auditor of provincial accounts, specifying the conditions upon which each lot is sold, and you will at the same period render a complete cash account of the money received and expended by you within the same |)criod, carrying forward to each account any balance which may remain in your hands at the date of the preceding account. And you will, on the first January, first April, firet July, and first October in each year, pay over to the receiver-general of the province, any sum which may on those days respectively be in your hands over and above the sum of 500/., which you are permitted to retain for future contingent expenses. You will not cnai^e tne salary and remuneration to which you are entitled under your commission in your accounts, but you will receive the same unnually, by warrant of the governor, out of the treasure, which you may have paid '.nto the hands of the receiver of the province in the preceding year. You are authorized to incur and denay such continger.c expenses for authorities, clerks, treasurer and receiver of rents, office-rent, &c., as you may find absolutely necessary, and as the Governor or officer administering .he government may sancti ,n and approve, provided, however, that the whole of sucn contingent expenses shall not exceed one-sixth part of the money to lie received by you under his Majesty's com- mission, and these our instnictions. That you do transmit to us, or to the commissioners of the Treasury for the time being copies of the half-yearly accounts which you may render t« the auditor of provin- cial accounts in Canada, and that the same be transmitted by the firet direct convey- ance which may offer, afler the periods they are respectively rendered. That in the execution of the duties of the said office you do obey all such orders and directions as you may from time to time receive from us, or the commissionen of the Treasury for tlie time beiiif;, or from any one of his Majesty's principal Secretaries of State, or from the Governor or officer administering the government. (signed) MacNaghttH, Whitehall, Treasury Chambers, J. Leveson Gower. the 18th day of July, 18'.>7. Eliot. Instructions to Peter Robinson, Esquire, commissioner for the sale and management of Crown lands in the province of Upper Canada. No .1(1. Quebec, 20 ScptiMnber 1838. To his Excellency the Lieutenant-governor and Licutcnant-ginieral connuanding the Cunudas, kc. ike. '"^ >:. The humble Petition of Edward Shiiel, late an out-j)ensioner of Chelsea Hospital, on one shilling per day, that humbly begs leave to ap[>r(>ach your Excellency. My Lord and Noble Earl, Your most obedient uiul very humble servant is one of those unfortunate ]>ensioners who have coinuuitcd their pension, tiie only meiuis to support them fur life. I am now in u fUr advanced stage of my life, can neither work or want; I am also deprived of the use of one side of my body totally, from wounds and other eirouinstances sustained wiiile in the service of our lamented and most gracious Sovereign Lord King George the Tiiird, uud in his Majesty's 58th regiment of foot, for the period of 23 years. I only crave that your Excellency, should the same be in the nature of tilings, and from compassion and pity on this desolate man, to take him iutoconsidenition.ushe is in the actual support of a wife and six children without any means whatsoever, to recommend him as uii ohjeet of pity to the Lords CoiumisHioneru of Cliclseu Hospital, to be re-instated to his former pension of Is. per day, BRITISH NORTH AMERICA. SOI day, as all he has ent for his commute is exhausted in bringing hib family here, and their ■upport of food ana raiment is now run out and has no more, or no more means, and by ■o doing or otherwise, I have the honour to be your Excellency's most obedient, most truly devoted, and very humble servant, at command. (signed) Edward Shuel. the time Hospital, ency. No. 37. Province du Bas Canada, District de Quebec, Comt6 de Saguenay. A son Excellence le Trtis Honorable Jean George Comte Durham, Vi-comie Lambton, inc. &c., Chevalier Oranile Croix duTr^s Honorable Ordre Militaire du Bain, I'un des Conseillers du Tri>s Honorable Conseil Priv6de Sa Mniest^, (lOuver- neur-g^n^-ral de toutes les Provinces sur et proche le Continent de I'Amdrique Septentrionale, Ike. 8tc. 8cc. &c. Qu'il plaise il votre Excellence, Lea soussign^-g habitans des paroissies dans le Comt une tr^s grande partie de leurs habituns, dont des milliers serainnt morts de mis^re et d'inanition sans les s^cours bien- veillans du Oovernement, et les sacrifices gdnereux de leurs concitoyens des concessiona riveraines. Qu'il est d'une necessity imp6rieuse qu'un grand nombre de vos petitionnaires trouve ailleurs un sol nioins ingrat, qui seconde leurs enbrts, et Ieur donne I'e^poir de sortir bientot de I'etat de souflTrance ou ils sont plong6s. Qu'il existe h une petite distance des etablissenients actuels, et derri^re la chaine de montagnes sur les quetles ils sont situcs, une ^tendue de terre appartenant & la couronne, moins expos^ au ravages de la ^e\6e et plus propres a la culture, que les nouvelles con- cessions lies seigneuries situces duns le dit comte de Saguenay ; savoir, k partir de la ligne qui divise la seigneurie de Mille Vaches sur le fleuve St. Laurent d'av6c le terrain apparte- nant 4 la couronne, en remontant le dit fleuvr; jusqu'a Taddousac, et de 14 remontant la Riviere Saguenay jusqu'^ Chicoutimy et le lac St. Jean et ses environs, y compris, et audel^, autant qu'il y aura de terres disponibles. Que vos requerants qui sont absolumeut force's d'abandonner leurs etablissements actuels, donneraient la preference au terrain 8usd^sign6, parcequ'ils pourraient y re^evoir de leurs parens et amis les secours que necessitent de nouveaux etablissenients ; et que la Riviere baguenay Ieur ofFre des nioyens de communication faciles avec le St. Laurent. Que vos petitionnaires se sont assures, par des visites faites dans diflerentes saisons, que le terrain dont ils sollicitent I'octroi, est, sous tous les rapports, propre 4 la culture, et que le climat y est moins rigoureux, et lea saisons plus rcgulii!res que sur les montagnes qu'ils nabi- tent i present. Que vos petitionnaires ont deji\ demand^ au Oovernement de Sa Majestc, par I'entremise de la Chambre d'Assemblce, la permission de s'6tablir sur le terrain en question; et nomme- mcnt en mil huit cent ti'entc cinq ; niais qu'un certain bail des postes du roi, accord^ par le Gouvernemcnt de Sa Majeste ti I Honorable Compagnie de la Baie d'Hudson, a ^te la raison assignee par le Gouvernement d'olors pour differer I octroi du dit terrain tel que demande. Que la dite compagnie ayaiit obtenu du Gouvcruement de Sa Majesty, I'ann^e demi^re, la permission de couper et preparer les bois de construction qui se trouvent sur le terrain h ellc ainsi baill6e, a c6a6, aux m<^mes conditions qu'ello I'avait obtenu, ce privilege tk un nombre de vos requerants qui I'exercent i\ la satisfaction de la dite compagnie. Que vos requerants sont portes i\ croire que la dite compagnie, dont les agents resident sur leslieux, connuissant I'etat de souSVancc de vos requerants, ne s'opposernient pas A I'^tablisse- ment de vos requerants sur le tcviiiin en question, pourvu qu'aucunes entraves ne fussent, par lil,misesi\ Ieur commerce avec *es aborigines ; c'est il quoi vos requerants s'engageraient ■olennellement. Que vos requerants prient votre Excellence de vouloir bien £tre convaincu qu'il est abso- lument nccessaire qu'une partie des terres vacuntcs de la couronne soit accordee an surplus de la population du comte de Saguenay, que des annd-es de deprivations et de soufi'rances inouics ont r^duit i\ un etat aftreux de decourngcmcnt ct d'inqiiietude. Pourquoi vos requerants prient humblement qu'il plaise li votre Excellence Ieur perniettre d'entrer sur les terres dc la couronne situees, savoir, a partir de la dite ligne qui divise la seigneurie de Milles Vuches, sur le fleuve St. Laurent, d'avec le terrain appartenant il la couronne, en remontant le dit fleuve jusqu'tk Taddousac ; et de lik remontant la Riviere 3. — III. D D 4 Saguenay ;5 . ; I «03 APP£ND1X TO REPORT ON THE AFFAIRS OF Baguenay iusqu'i Chicoutiiny et Ic Lac St. Jean et ae» environs y compris, et audelft autant qu'il y aura de terre dispoiiiblei. Pour s'y 6tablir et former des etablisaementa permanents, aous tel ayst^me ae tenure qu'il plaira h votre Excellence ^tablir, pourvp n^moina one ce ne soit paa le gyat^me f^cdal qui re^^it les seigneuriea en cette provin e ; et i telles conoitionB qu'il plaira k votre Excellence leur impoaer. Et V08 requ<>rant8 demandent de plus, qu'il plaisc h votre Excellence m£ttre un tenne prochain h leurs Boufirancea, en ae rendaiit k leur pri^re, nonobatant I'dxiatence du bail Gonaenti k I'Honorable Coinpagnie de la Baie d'Hudson, dont vos nk|uerant8 s'engagent aolennellement, et offrent lea garantiea lea plus formellea de respecter les droits resultanta du dit bail. Et vos requdrants ne cesseront de prier. Comte de Saguenay, 1 AoAt 1838. No. 38. CoRBBsroNDKNCE as to the delay in putting Mr. Wingfield in possession of two and a half Lota purchased at a Government aale in the Townabip of Anderdon. Sir, Toronto, 25 September 1838. On the 31st of August, 1837, I purchased at a Government sale at Sandwich, in the western district. Lots Nos. 10 and 11 in the first concession, and north half of Lot No. 4 in the third concession, together with a gore, lying and being in the township of Anderdon, western district, and containing 320 acres. Thu conditions of the sale were, that the land waa sold with all improvements upon it, and possession to be given immediately upon pay- nient of the first instalment. I sent mv first instalment to Toronto immediately upon making the purchase, and re- ceived back my location ticket. In the month of Ma^, relying on the good faith of Mr. Samuel Jarvise's (head of the Indian department) word, who told me I might depend upon the honour of the Government giving me immediate possession, I paid the remamder 01 the purchase-money, in all 1,088/. 15<., and took out my deed, but Iiave, up to the present date of this letter, been forcibly kept out of possession of the house, peach and apple orchards, and all the improved lands in the above-mentioned lots, by the Indians, wno complain the Govenimeot have not fulfilled their contracts with them. I therefore hope you will represent the case to his Excellency Lord Durham, and that he will place me in peaceable possession of my property, pay me interest for my money, and recompense mc for the expense I have consequently incurred, and the danger 1 have sustained. I have, &c. R. D. Hanson, Esq., (signed) Rowland Wingfield. ice. kc. &c. Sir, Toronto, 26 September 1838. I AM directed by the Commissioners of Inquiry of Crown Lands and Emigration to inform you that they have this day received a letter from Mr. Rowland Wingfield, com- plaining of his inability to obtain possession of 320 acres of land in the township of Anderdon, western district, sold to him by Gevemment on the 3l8t of August, 1837, and the whole purchase-money for which, amounting to 1,088/. 15«., was paid in the month of April last. They further desire me to request you will have the goodness to fur- nish them with a statement of the real circumstances of the case, in order that they may be enabled to reply to Mr. Wingfield. I am, &c. Hon. R. B. Sullivan, (signed) Henry W. Petre, Secretary. , Commissioner of Crown Lands, &c. &c. kc. Sir, Crown Lands Office, Toronto, 20 September 1838. Ik reply to your letter of the 2(lth instant, I beg to acquaint you, for the information of the CcnniilKsioncrs of Inquiry of Crown Lands and Emigration, that the land purchased by Mr. Rowland Wingfield, in Anderdon, was described fur patent on the 4th of April last in his name. The difficulty of obtaining possessior. complained of by Mr. Wingfield arises from a mis- uudcrbtandin^ between the Indian occupants and their superintendent, respecting the valua- tion of certain improvements made by them. I have already referred a similar case to S. P. .larvis, Esq., chief superintendent of Indian affairs, who will no doubt be able to satis- iactcrily explain why a delay has occurred in the present case. I am, &c. (signed) R. B. Sullivan, Hon. II. W. Petre, Commissioner of Crown Lands. ^>ciTetttry to Commissioners. BRITISH NORTH AMERICA. «03 Rir, Toronto, 1 October 1B38. I AM directed by the CommiMioners of Inauii^ of Crown Land* and Emigration to en- close copies of letters received from Mr. Wingneld and the Commissioner of Crown Lands, relative to the purchase, by the former gentleman, of two-and-a-half lots in the township of Anderdon ; and I shall be obliged by your informing me of the grounds upon which pos- session has besn withheld from him. I am, &c. S. P. Jarvis, Esa., (ngned) Henry W. Petre, Secretary. Chief Superintendent of Indian Affairs. Sir, Indian Office, Toronto, a October lese. I HAVE the honour to acknowledge the receipt of your letter of the 1st instant, on the subject of some land purchased by Mr. Rowland Wingfield, in August 1837, at a Govern- ment sale, in the township of Anderdon, and requesting to be informed why possession had been withheld from Mr. Wingfield, to whom a deed had issued on payment of the purchase-money. In reply I bejpj leave to observe, that the delay of which Mr. Wingfield con^plains may have been occasioned by a demand on the part of some of the Indians to be paid the value of the soil, which they had agreed to evacuate to enable Government to dispose of the same, and with the proceeds establish a fund for the general purposes of the tnbe ; which demand, if acceded to, would (it was conceived) not only be prejudicial to the general in- terests o*" the tribe, but would defeat, in some degree, the very object the tribe had in view when they resolved to sell aportion of their reserve. I enclose an extract from Sir George Arthur's reply to a deputation of chiefs, who ad- dressed his Excellency on the subject of the sale of this reservation, by which you will perceive that nothing now delays the payment of the full sum claimed but the consent, in writing, of the tribe. I have, ice. Hon. H. W. Petre, (signed) 5. P. JarvU. kc. kc. kc. No. 30. Papbr furnished hy S. P. Jarvis, Esq. Chief Superintendent of Indian Affairs, in reply to Queries submitted to him by the (Jommissioners of Crown Lands andEmigration. Sir, I AM directed by the Commissioners of Crown Lands and Emigration, to request that you will furnish them with information on the subject of the Indians in the province, and the property to which they are entitled, under the following heads. I am, kc. H. W. Petre, Secretary to Commission. 1. Number of Indians within the colony? It is impossible to answer this question correctly. The bands of Indians inhabiting the country north of Lakes Huron and Superior are numerous. The resident Indians within the province are as follows : — ^The Chippewas of the St. Clair Rapids, Chevail Ecart^, River aux Sables — Number, Oil. The Hurons of Amherstbui^h ; the Chippewas of Anil)erstbure;h ; the Shawanees of Ainherstburgh ; the Munsees of Araherstburgn — Number, 107. The Chippewas of Delaware ; the Munsees of Delaware ; the Moravians of Delaware — 782. The Six Nations, 2,140. The Missiseagas of River Credit, 240. The Mississagas of Rice Lake, ISA. The Mi.ssigsap;u8 of Mud Lake, 150. The Mohawks of the Bay of Quints, 337. The Mississagas of Grape Island, 214. The Chippewas of Cold Water and the Narrows, 42(1. The Chippewas of Manitoulen Island, Lake Huron, 188. The Ottawas of Manitoulin Island, Lake Huron, 80. The Chippewas of La Cloch and Mississaging, 223. The Chippewas of St. Joseph, 00. The Chippewas of St. Mail's, OO-. The Chippewas between Manatouwanning and Penetanguishine. The Chippewas of Lake Nippising, 50. The Pottawatamies of Sanging, 238. The Chippewas of Saneing, 152. The Chippewas of Mictiipicoton, 57. besides tnese, there are of Pottewatamies, Chippewas, Ottawas and Minonunies, from 1,800 to 2,000, who chiefly reside on the shores or Lake Michigan, and on the south shores of Lake Superior, but who nevertheless consider themselves as owing allegiance to the British Crown. 3.— III. BE 2- The m m 804 APPENDIX TO REPORT ON THE AFFAIRS OF 2. The quantity of land which they hold ? The Upper 8t. Claii Indian rowsrve contains about 0,000 acres. The lower reserve extends one mile in front on the River St. Clair, and about four miles in depth. There ore several islands which the Indiana claim, which may contain about 6,000 acres. The reserves at the Kiver aiix Sables contain about i),000 acres. The Huron reserve, near Amherstburgh, extends six miles along the River Detroit, and is seven miles in depth. Point Pele contains about Dc'iOO acres. The Chippawas of the River Thames have about 13,000 acres in the township of Carradoc. The Moravians T Vtawarco occupy a tract of about 20,000 acres in the township of Zone, and 25,155 acres in the township of Oxford. The Six Nations had ori^nally six miles on either side of the Grand river, from the mouth to the source of the nver. They have still left about 200,000 acres. The Mississagas of the River Credit have rather more than 3,000 acres, near to the mouth of the river. The Mississagas of Rice and Mud Lakes, including the Alawack settlors, about n,000 acres. The Mohawks of the Ray of Quinte, about 68,oon acres. The Chippawas of Lakes Huron and Simcoe, residing at the Narrows and Coldwater, until very lately possessed a tract of about 0,000 acres. They have recently surrendered it to Government, for the purpose of being sold. They are now in treaty for the purchase of about 1,000 acres on the east side of Lake Simcoe, where they propose erecting a village. The Great Manatouwanning island, which is especially reserved for the use of all Indians who may be disposed to settle upon it, contains from 800,000 to l,floO,000 of acres. The tribes at La Cloch, Mississaging, and those tribes residing to the north of Lakes Huron and Superior, consider the vast extent uf country which they occupy as hunting grounds belonging to them. The Pottawatauiities, and Chippawas of Sanging, on the south shore of Lake Huron, claim the peninsula north of Owen's Sound to Cahot's Head. 3. The manner in which their lands have been acquired; whether by grant from Government, or by being (Mirmitted to retain part of their original possessions i The Six Nations Indians, including the Mohawksof the Bay of Quinti, held their reserves by grant from the Crown. The territory was purchased of the Mississagas for the express purpose of being given to those tribes, a.^ a reward for their fidelity and services during the old American war. The most of the land occupied by Indians in other parts of the province are special reserves in their original possessions, made by themselves when they sold the adjacent lands to Government, There are, however, some few tracts in the Newcastle district which have been reserved by Government for the use of the Mississaga Indians, and some which have been purchased by the Indians themselves; viz. at the Rice and Mud Lakes, and at Balsam Lake. 4. Tlie manner in which the land is held, whether by individuals or the tribe? The Indians in nil cases hold their lands in joint tenancy, to them and their posterity. 5. Whether they are permitted to sell it, and upon what terms? They arc not permitted to sell, lease, or in any other manner dispose of their lands, but with the consent and concurrence of Government. Should they do so, the land thus sold, or otherwise disposed of, reverts to the Crown. St« Royal Proclamation, dated St. James's, 1708. I). The quantity actually sold > This query can best be answered Ijy reference to the surveyor-general's office. 7. Tha value received for it ? The commissioner of Crown lands can best answer this query. No. 40. Copy ofCiHCULAB Letter addressed by Secretary of Commission of Inquiry of Crown Lands and Eniignition, to Slierifi's of each District in Upper Canada, and of replies received thereto. Sir, I AM directed by the Commissioners of Inquiry of Crown Lands and Emigration, to request that you wdl furnish, for their information, a return of all the public solus of land which have taken place in your district up to the present time, on account of the non-pay- ment of the wild land tax, including in such return, the amount of land sold at each sale, the name of the purchaser, the amount of tax due at the time of sale, and the price per acre at which the land was sold. I shall be obliged by your furnishing such return at your eai^ lisst convenience. I am, file. Sir, BRITISH NORTH AMERICA. •H Sir, SlieriHTs Office, London, 20 September 18S8. Youm application for a return of the public iialei of land in this district, muat be made to H. V. A. Rapelje, Em|., Rberiff, district of Talbot. I have made no aalea since my assuming the duties of this shiievalty, I have, &c. (signed) Jama Hamilton, Sheriff, L. D. Henry W, Petre, Esq. Sir, SherifTg OiEce, Kingston, 8 October 1838. I HAVE the honour to acknowlege your letter of the 3d iiii>tant, and to acquaint you, for the information of the Commissioners of Inquiry of Crown Lands and Emigration, that since the month of May last, when I assumed the duties of sherifT of this district, no public sales of land have taken place throngh me, on account of the non-payment of wild land tax. My fredeccssors in this office have left me no documents whatever relative to such matters ; therefore, regret that it is not in my power to render the return required by you. I have, &c. H. W. Petre, Em{. (signed) A.M'Dmtell, Secretary to the Commissioners of Inquiry Sheriff, Midland District, of Crown Lands and Emigration, Toronto. Sir, Sandwich, 10 October 1838. I BAvi! just had the honour of your letter of the 3d instant, and beg to state without delay in reply, for the information of the Commissioners of Inquiry of Crown Lands and Emigra- tion, that with every disposition to furnish the information required, I have no documents in my possession from wtiich such a return as that desired could be framed ; but, that I pre- Bume the same can readily be furnished by the treasurer of the district, under whose direc- tions the occasional sale of lands on account of arrears of assessment takes place. Perhaps it may not be considered out of place to observe, that I infer that the return called for is not meant to extend back to the commencement of the existing system, as the inform mation wanted has already been furnished to the provincial parliament, up to, I believe, the year 1834, and will be found detailed in the printed parliamentary records. I beg further to add, that I only entered on the duties of sheriff, in October of last year, and that no sale of lands has since taken place ; Parliament having, in consequence of the nnsettled state of the times, interdicted the sale lands, on account of arrears of assessment, until the close of the present year. I have, 8cc. Henry W. Petre, Esq. (signed) R. iMchlan, Sheriff, W. D. Secretary of Board of Commissioners of Inquiry on Crown Lands and Emigpration, kc. &c. Sir, Sheriff's Office, Ottawa District, L'Orignal, 11 Oct. 1838. I BEO to acknowledge the receipt of your communication of the Ist instant, which I received on the 8th, requiring me to furnish certain information respectiiig the sale of lands for taxes in this district ; and in answer thereto, I beg to state for the information of the Commissioners of Inquiry, that the commission appointing roe to the office of sheriff of this district bears date '26th May 1835 ; this puts it beyond my power to furnish a statement of sales made by my predecessor in office. During my incumbency, there has been but one public sale of lands for taxes, and I have taken the liberty of transmitting you a copy of my book of sales, adding the calculation of the price per acre to it, and also some observations that may elucidate the subject, and show the beneAt of the act in question. By reference to my return, you will observe but a small part of the lands retumea to me for sale by the treasurer were ever exposed to sale, the pro- prietors thereof having paid the amount due on their land into the hands of that officer ; and several others, previous to the day of sale, paid the amount due into my hands as sheriff. The taxes due on several lots, were levied oy distress, found upon the lands charged with the taxes ; several lots were allowed to be sold by the owners, to confirm their title, being the most ready and least expensive manner of mending defects in their title. I would also beg leave to remark, that by reference to the return, you will observe that a comparatively small proportion of the lands actually sold have been forfeited, as they were redeemed during the time allowed by law for redemption ; and, of course, remain the property of the original proprietor. Having had the agency of extensive tracts of lands in this section of the country, and having formed some fine settlements in this district, I would beg to observe, before closing these remarks, that there were many more settlers entered upon their lands in this district, than in any previous year; this being the year after tlie first sales of land for taxes in this province, and the opportunity was seized upon by many poor men, who are now reaping the advantage of their purchases. Should you reqwre any further information that is within my power to furnish, I shall be most happy to communicate it. I haTe,&c. Jenry W, Petre, Esq. (signed) Ch. P. Treadwell, Sheriff. Secretary to the Commissioners of Inquiry of Crown Lands and Emigration. ■f^l :^4 3-111. B B a Sir, ao6 APPENDIX TO REPORT ON THE AFFAIRS OF Sir, Sheriff's Office, Picinn, 15 Oct. 1S38. YovBS of the Sd iutuit ii befbn me ; and, in uiwer, can only mv, that I have no koow- hd^ whatever of any lands having been wld for the taxes in this dMrict. I have, Ac. Henry W. Petre, Eaq. Secretary to the Commiieionere of Inquiry of Onnro Lands and Emigration, Ice. Public Buildings, Toronto. (signed) Owm iPMalum, Sheriff; District P- Edward. No. 41. LiTTBB ftom IFiMmsi PoMoH, complaining of EnRon in Sdrvbvor-obniral's OvviCB. Sir, Oecrgina, 23 Oct. 1B38. I B BO leave to submit to vou the following statement: — About Midsummer of 1S36 I went to Toronto, to obtain from the surveyor-general the location of loo acre* of land, to which I was entitled, as I was an old servant of the Crown. As the Ck>vemor happened to be absent from Toronto, I could not then get my location ticket ; but they told me that they would give it to any one in Toronto who should call for it I told them my daughter lived in town, who afterwards sent it to me by letter. The location ticket was for the east half of No. 17, in the 6 Con., in tlie township of Medonte, in the county of Simcoe, in the Home District I immediately, on the receipt of the location ticket, set out fur the above town- ship, together with my son and another person, to raise a house, in performance of my set- tlement duties, upon the lot On mv way to Medonte, I called at a Mr. M'Kay'g, who told me that my lot had been deeded tnree years. On my arrival at Medonte I was informed by a Mr. Miller, who lived contiguous to the lot, that lie had never seen any one looking at the lot, nor did ho believe that it was deeded, and he further stated that no settlement duties whatever were done upon the land, and that he had resided there six years. I went with Mr. Miller's son and tne two persons above mentioned, and examined the lot; not a tr(« was cut upon it. Hearing that the lot was deeded, and not being able to obtain certain information about it, I returned to Georgina, and I immediately went to I'oronto, to the surveyor-general'i office, to know if my U>t was deeded or not The person in attendance in the office told me, upon my giving him the number, that 1 never got that lot ; that it had been deeded five years ago. 1 replied that I had the location ticket, but I had forgotten to bring it with me. I instantly returned to Georgina, and the week following I went to Toronto, and produced my location ticket at the surveyor-general's office, when I was again refused the land, and was told that it had been deeded 12 years. 1 was offered several vacant lots, and the deed immediately of any of them I mi^ht choose ; but I refused them all, stating that I wished to have the land to which I had a right by my location ticket, and which is still in my pos- session. I was then ordered out of the office, the officer telling me and my son-in-law that we were troublesome people. I have now to request that you will be pleased to lay the above statement before his Excellency the Governor-general, and to beg that his Excellency will be graciously pleased to direct justice to be dune to an old seaman. I have, &c. (signed) William Pat ton. R. 1). Hanson, Esq., Commissioner of Crown Lands and Emigration, Toronto. No. 42. Attorney-general's Office, Halifax, Sir, 10 October 1837. Wb had the honour to receive your letter of yesterday, by the command of his Excellency the Lieutenant-governor, requesting our opinion as to the effect of improvements made upon granted lands by other persons than the grantees of the Crown, and without authority from such grantees. The improvements required to be made upon such lands are, by the words of the grant, necessarily limited to the grantee, his heirs or assigns, being the only parties upon wnom the Cruwn could enforce a condition considered necessary for the improvement of the country ; which, running with the land, by the acceptance of the grant, became binding upon them severally ; but where the condition of the grant bas been complied with, and the improvement actually made by a stranger, upon whom ',he Crown could impose no condition, it is nevertheless, in our opinion, quite sufficient iri law to bar an escheat. By ' this no injustice cun be done to the crantee, as he has the poTver within the time limited by law to resume the possession of his lands, and avail himself of all the improvements made by a wrong doer, wiiich would in such vase enure to his benefit against the Crown, in the BRITISH NORTH AMBRICA. •^ MUM manner a* if made by himielf, or by hi* authority ; but thould he not aaaert his right in time, but tutfer such wrong doer to remain until he had by posieMion acquired a titl« against him, luch title would be protected against the Crown by the grant, provided the conditions thereof were performed, nor could a question of title between parties, under such circumstances, be made the subject of inquiry in a proceeding for escheat. We have, kc. (signed) S. E. W. ArckibaU, Attorney-general. J. //. Johniton, Solicitor geoeru. No. 43. Instructions from Lord Bathurtt as to the Disposal of Waste Lands in }iiw Bruiuwich. Sir, Downing-street, 1 March, 1827. I AN to convey to you the following instructions for your guidance in disposing of Crown Lands in the province of New Brunswick. That yon do, as soon as pogsible after the receipt of this despatch, proceed to ascertain the nature and particulars of all the Crown property within the said province under the following heads:—- Waste lands in those districts of the colony which have not heretofore been surveyed or laid out, but no part of which has been granted. Ungranteil lands and Crown reserves in those districts where grants have been made. Lands which may have been granted in perpetuity upon payment of quit or other rents. Lands and reserves which may have been granted upon leases for series of years upon reserved rents or otherwise. That you do make an annual report of progress you may have made in ascertaining these particulars to the Secretary of Statp- or the Commissioners of Crown Lands for the time Deing, and also to the Governor or officer administering the government of New Brunswick. That no lands or other Crown reserves arising from lands within the province of New Brunswick be hereafter disposed of or granted, excepting upon the following conditions, by actual sale, or in case of poor settlers, by grants, subject to quit-rents, in the manner hereinafter directed. That you do from time to time, and at least once in every year, submit to the Governor or officer administering the government, a report of the total quantity of euch district of Crown property within each district of the reserve, so far as you may then have ascertained the same, together with your opinion of the quality of each description of property which it may be expedient to offer for sale within the ensuing year, and the upset price per acre at whicn you would recommend the several descriptions of property to be offered ; provided that the land proposed to be offered for sale does not contain any considerable quantity of valuable timber fit for his Majesty's navy or for any other purpose, it being the intention that no grant of laud upon wnich such timber may be growing should be made until the timber is cleared. That if the Governor or officer administering the government should be pleased to sanction the sale of the whole or any part of the land recommended by you to be sold at the upset price recommended by you, or at any other price which he may name, you will proceed to the sale in th» following manner. Vou will give public notice in the Gazette, and in such other paper as may be circulating in the province, as well ns in any other manner that circumstances will admit of, of the time and place appointed for sale of the lands in each district, and of the upset price, and that unsold lands will be reserved for future sale in a similar manner by auction. That no lots should contain more than 1,200 estimated acres. You w-ll also state in the notices of the conditions of the sale, that the purchase-monev is to be paid by four instalments, .without interest, the first instalment at the time of sale, ana the second, third and fourth in- stalments at intervals of a year. That if the instalments are not regularly paid, the deposit will be forfeited, and the land again referred to sale. In case purchasers of land at any sale not exceeding 20U acres, should be unable to advance the purchase-money by instalments as proposed, you may permit the purchaser to occupy the same upon a quit-rent equal to ^ve per cent, upon the amount of the purchase-money. One year's quit-rent to be paid at the time of sale in advance, and to be paid annually in advance afterwards ; upon the failure of regular payment, the land to be again refeiTed to auction and sold. The quit-rent upon lands so purchased in this manner to be subject to redemption upon [Mtyment of 20 yeara' purchase, and parties to be permitted to redeem the same by any number of instalments, not exceeding four, upon the payment of not less at any one time than five years' amount of quit-rent, the same proportion of the quit-rent to cease, nowever, if the parties should fail regularly to pay the remainder of the quit-rent ; the same to be deducted f^om the instalment paid, and the lands to be re-sold by auction whenever the instalment may be absorbed by the accruing payment of the remainder of the quit-rent. That public notice shoula be given in each district in every year, stating the names of the persons in each district who may be in arrear either for the instalments of their purchase- money or for quit-rents, and that if the ai>ears are not paid up before the commencement of 3. — III. E E 3 Uie III f ~ki PI ao8 APPENDIX TO REPORT ON THE AFFAIRS OF m m- ft--' >^1b ' 11 m theiales in that district for the following years, that the lands in respect of which the inatal« ments or qait-rents may be due will be the first lot to be exposed to auction at the ensuing sales, and if any surplus of the produce of the sale of each lot should remain after satisfying the Crown for the sum due, the same will be paid to the original purchasera of the land who make default of payment That no land De granted at any other time than at the current sales in each district, except upon application from poor settlers who may not have been in the colony more than six months preceding the Inst annual sale. That settlers so circumstanced may be permitted to purchase land, not exceeding 200 acres each, at the price at which it may have been offered at the last annual sale and not purchased, and may pay for the same, or by auit-rent, computed at five per cent, on the sale price, and thenceforth these persons shall be con- sidered as entitled to all tlie privileges, and be subject to the same obligiations as they would have been subject to if they had purchased the land at the last sale. In cases of' settlers who shall be detiirouB of obtaining grants of land in districts not sur« veyed, or in districts in which no unredeemable grant shall have been made, you will, under the authority of the Governor, at any time within a period of seven years from the date hereof, grant permission of occupancy to any such settlers for lots of land, not exceeding 200 acres, upon consideration that they shall pay a quit-rent for the same equal to five per cent, upon the estimated value of the land at the time such occupancy shall be granted ; and the persons to whom claims of occupation may be made shall have liberty to redeem such quit- rent at any time before the expiration of the seven years, upon the payment of any arrears of quit-rent which may be then due, and 20 years' purchase of the annual amount of tne rent. Tliat no patent shall be granted until the whole of the purchase-money shall be paid, nor any transfer of the property mac'.e, except in case of death, until the whole of the arrears of the instalment or quit-rent shall have been paid. That the purchase-money of all lands, as well as the quit-rents, shall be paid to yon, or to such persons as you may appoint, at tlve time and places to be named in the conditions of the sale. You will give public notice that you have received instructions to apply to all persona holding lands from the Crown in perpetuity upon the payment of quit-rents, as well as to all persons holding lands upon lease for term of years, for the payment of the rents which may be due from them respectively, to commence from the 1st of January 1827 ; and you will at any time within seven years from the date hereof sell to the proprietor (but to no other person whatever), at 20 years' purchase, any lands held in free ana common soccage, free from any quit-rent which may be payable by them respectively, provided that all arrears up to the end of the year preceding the time of purchase be previously paid. If these quit-rents are not purchased by the proprietor within the period of seven yeara from the date hereof, further instructions will oe given in regard to the sale by auction or oiherwise, as may then be deemed expedient. With respect to the lands on lease for terms of years, you are desired on no account to sell the same by public auction, if the rent is not more than two years in arrear, until the termination of the lease ; but if the rent is more than two years in arrear, and if, according to the terms of the lease, the same in void in consequence of the non-payment of the rent, you are at liberty to submit to the Governor or officer administering the government that any such lots should be sold. If, however, previously to the sale the rent is paid up, you will withdraw the same from the sale ; and you will at any time sell to the lessee of such lands as may be held under lease, at t jch price as the Governor or officer administering the government may upon your recommendation approve, the land so held, all arrears of rent lieing in every case paid up to the end of the year preceding the sale ; but in no case at less than 20 years' purcnaae of the rent. The usual fees payable on grants of land arc to be paid by the purchaser, and the Lieute- liant-governor will determine whether the whole, or what proportion of them, are to be paid on the party receiving a license to occupy the land. You will on the 1st of January and 1st of July in cveiy year, render a complete account ot all your sales within the preceding half year, to the auditor of provincial accounts, specifying the conditions upon which each Tot is sold ; and you will at tne same period render a com- plete cash account of the money received and expended by you within tlie same period ; car- ryin!^ forward to each account any balance which may remain in your hands at the date of the preceding account. And you will on the 1st January, Ist April, Ist July, and Ist Octo- ber m each year, pay over to the receiver-genenil of casual revenues any sums which may on those days respectively be in your hands, over and above the sum of 600 1., which you are I)ennitted to retain for future contingent oxpenpes. You will receive from the receiver-ueneral the following rewards for your services in the sale of lands, and the other duties to be executed by you m pursuance of these instruction* ; viz. five-sixths of the net amount which may be paici into the hands of the recei r-general of our said province, as the consideration fur the sole of lands, provided such five sixths do not exceed 600 /. ; then you will be allowed 600 /. as a reward for each year, and no more. You will not charge this remuneration in your accounts, but you will receive the same annC- ally by warrant of the Lieutenant-governor, out of the treasure which you may have paid into the hands of the receiver-general in the preceding year. You are autlic ized to incur and defray such contingent expenses for authorities, clerks, receiver of rents, office-rent, &c. as you may find absolutely necessary, and as the (Governor BRITISH NORTH AMERICA. M9 > account to or officer administering the government may sanction and approve ; provided, however, that the whole of such contingent expenses shall not exceed one-sixth part of the money to be received by you for the sale of lands under the instructions. That yoii do transmit to the Secretaiy ot State, or to the Commissioners of the Treasury for the time being, copies of the half-yearly accounts which you may render to the auditor of provincial accounts in New Brunswick, and that the same be transmitted by the first direct conveyance which may offer after the periods for which they are respectively rendered. That in the execution of these instructions, you do obey all such further orders and direc- tions as you moy receive from the Con'.missioners of the Treasury for the time being, from one of his Majesty's Principal Secretiiries of State, or from the Governor or officer adminis- tering the government of New Brunsvick. I nm, &c. Thomas Baillie, Esq. (signed) Bal/tunt, Commissioner, of Crown Lands, New Brunswick. No. 44. Heads of Instructions for the Disposal of Crows Lands in New Brunswick. Land to be surveyed and valued in one or more continuous tracts, according to the local peculiarities of the province. The points most adapted for settlement to be fixed upon for this purpose in as many dif- ferent directions as may be considered expedient, and as the number of deputy-surveyors will admit. Plans of tracts in each quarter to be prepared for public inspection. The land to be laid out in lots of 100 acres each, and no person to be allowed to purchase ■3»ore than 1,200 acres, except under special circumstances, to be approved by the Lieute- nant-governor and council. The plans may be inspected in the ofiice of the surveyor-general and with his deputies in each district, on payment of a fee of 2 s. d. Settlers unable to pay the whole sum may have the option of paying the purchase-money by four annual instalments, with interest, one instalment to be paid ni advance ; in which case a location-ticket will be given, for which the sum of 2/. must be paid down, and to be exclusive of the annual instalments as above; tlie patent is not to be issued until the whole of the instalments are paid. Ttie usual conditions of settlements to be exacted and inserted in the patent. The lands sold imder this regulation are not to be charged with quit-rent, or any further payment beyond the purchase-money for the expense of the patent. Persons desirous of buying land in situations not included in the tract already surveyed must previously pay for tne expense of survey ; and the price must, of course, depend upon thv> quality of the land and its local situation. Smaller lots than 100 acres may, under particular circumstances, be purchased, on making application in the usual manner. Poor settlers may receive grants of 00 acres, on payment of a fee not exceeding 20/. ; the land, of course, to be subject to the necessity of cultivation within a limited period ; the fee to be paid by this class of settlers is intended, merely to reimburse the expense of survey. No. 45. Minutes of Proceedings as to Grants of Land in New Brunswick subsequent to 12th March 1627. (By Authority). Secretary's Office, 12 March 1827. Ortlcrcd that lists of all persons to whom lands have been allotted prior to the Ist of Januaiy 1820, and who have neglected to take out grants for the same, pursuant to the Royal Instruc- tions, be forthwith published, and such persons notified that unless they take out their respec- tive grants before the 31st day of December next, they will be considered as having abandoned their allotments; and tiie minutes of council under which those allotments may have been claimed will be cancelled, and the lands will be considered as open to new application. By order of his Excellency in Council. Secretary's OflBce, 8 March 1828. Numerous petitions having been presented to his Excellency the Lieutenant-govenior, setting forth tnat many persons who had obtained minutes of council for lands for which, owing to the particularly distressed state of the country, they have been hitherto unable to take out tlueir grauts, and praying for further time ; b.:, t'-ii li 'm ai3 APPENDIX TO REPORT ON THK AFFAIRS OF m' guue t we do, tberefore, direct and require you, in making all grants of land which ahall hcr»- after b9 made within our said province, to obaerre the several rules and regulation* foUowing, that is to Bay : 1. We do hereby declare, tlat all fees of office heretofore claimed or taken by any public office;* or officers whomsoever, ^vithin our said province, upon the application for, or upon the isguiae anv grant of land, or ti^'ket of location of land, or at, upon or m respect of the doing of any official act, matter or thing in pursuance of or connected with any such application, grant or ticket of location, or in or about making auy survey of any land so to be granted or located, or in or about the registering of any such grant or ticket, ahall be and the same are hereby absolutely abolished, in so far as such fees, or any of them, are claimed or taken in virtue of any authority or supposed authority, license or permission, or supposed license or permission from us, or any of our royal predecessors ; and we do hereby, as far as in us lies, command all persons holding any office of trust or emolument in our service withiu the said province, that they do henceforUi abstain from taking or demanding any such fees of office as afore- said, under pain of our highest displeasure. 2. And we do further require and demand you, that you do not sell or convey to any person or persons in our name, or on our behalf, any of our lands situate within out said province, until the same shall have been firet surveyed and rendered distinguishable by a reference to the public charts and surveys deposited in the office of the Commissioner ' of Crown Lands of our said province. 3. And we do further direct, that whenever any person (>hall be desirous to become the purchaser of any lands belonging to us within the said province, such intended purchaser shall intimate such his desire by subscribing a petition, addressed to yourself, indicating, with reference to such public charts and surveys as aforesaid, the precise piece or parcel of land which he or she may be desirous so to purchase, and the price at which he or she may be desirous so to purohase the same. 4. And for the observance of greater regularity herein, it is our pleasure that every such petition as aforesaid shall be in the form contained in the Schedule marked (A.) hereunto sub- joined, and that all such petitions be ready prepared in blank, and that such blank forms shall be delivered gratuitously to every person who shall make application for the tiame ; and that every such petition shall be delivered at the office of tlie said Commissioner of Crown Lands; and that all such petitions when received shall be firmly bound up in one or more successive volume or volumes, to each of which volume or volumes shall be subjoined a full ihdex, showing the name of e>ery applicant, and the description of land foic which his, or her application may have been made, with the date of every such application. 6. We do further declare, that it shall be the duty of our said Commissioner of Grown Lands, or in his absence of his proper deputy, at the foot of every such petition, to signify either that the same is approved, or that your decision thereupon is postponed ; and in case of any such postponement, the vaid Commissioner of Crown Lands shall also state shortly in writing, at the foot of every such petition, the reason why the same is so postftoned, and shall, with the least possible delay, bring every such petition as last aforesaid under your consideration for your decision thereupon. 6. And we do further direct, that whenever any such application as aforesaid shall have been approved by the said Commissioner of Crown Lands, or by you (as the case maybe), the party applicant shall, on his or her application at the office of the said Commissioner, receive a notice of such decision in the form contained in the Schedule hereto subjoined, marked with the letter (B.) 7. We do further direct, that there be at all times kept in the office of our said Commis- sioner of Crown Lands nn adequate number of blank forms of grants of land to be made by us or on our behalf within our said province, which said forms shall be by him filled up as occasion may require ; and for avoiding all uncertainty herein, we do fiirther direct, that all such grants as aforesaid shall be drawn up and expressed in the form contained in the Schedule hereunto subjoined, marked with the letter (C.) 8. And we do further direct, that any person who may have received any such notice aB aforesaid from our said Commissioner of Crown Lands, and who Mliall in pursuance thereof, by the time and at the place therein for that purpose appointed, pay into the bunds of our said Commissioner of Crown Lands the purchase-money mentioned in any such notice, he shall thereupon be entitled to receive from our said Commissioner of Crown Lands the original grant from us of the lands comprised in such notice, which grant shall for that purpose have been previously executed ny you, and by you deposited in the hands of our said Commissioner of Crown I^Hiids ot our said province. 0. And in cases wherein any such lands as aforesaid may be purehased by instalments, then we direct that such grants as aforesaid shnll be delivered on the payment of the last instalment, and not before. 10. And we do further direct, that every such grant as aforesaid shall be executed by you in duplicate, and that both the original and duplicate shull be executed or subscribed by tlie grantee or grantees therein named, or by his, her or their lawful agent or agents, on his, her or their behalf, in testimony of his, her or their acceptance thereof; and we do further direct, that such execution by the said grantee or grantees, and the delivery of such original grant to him, her or them^ shall in each case be attested by our said Commissioner of Crown Lands, bj an endorsement to be superscribed upon each original grant, or in case of his absence by seme one of his deputies. 11. And <>i\' fiRltidH NORTH AMERIGA. 913 11. And wc do f\irther direct, that duplicate copy or every auch grant shall forthwith be made by the Secretary and Registrar of Deedi or and for our said province, to be by him presented and recorded amongst the records of his office. 12. And we do furtlter direct, that our said Commiaaioner of Grown Lands shall at all convenient times after the receipt by him of any such sum or sums of money as aforesaid, deliver to the Receiver-general of our said provmce an account in writing, under the hand of our sidd Gooimissioner, of such his receipts, and shall pay the same into the hands of the said Receiver-general, who shall thereupon give to the said Commissioner of Grown Lands a receipt, under the hand of him the said Receiver-general, for the amount of every such payment, which receipt shall be a full and suihcient discharge to him the said Gomnussioner of Grown Lands, his heirs^ executors and administrators, for all and every of the sum or •urns of money mentioned in such receipt. 13. Provided nevertheless, and it is further our will and pleasure, that nothing hereip contained shall prevent you fVom causing to put up to sale by pubhc auction any of our lands within our said province, in any case in which it shall appear to you that the interest of our revenue or the welfare of our subjects requires, or would be promoted by the adoption of that mode of bringing to sale any such lands; and also that, provided that nothing herein contained shall extend to demising any such land for any term or term of years, at the best reserved rent which can be obtained ror the same, it beuig nevertheless our pleasure, that no such term be made to endure for a longer period than 31 years, and that no covenant be contained in any such lease for the renewal thereof on the expiration of any such term ; and we do further direct, that in the making of all conveyances in pursuance of any such sales by auction as aforesaid, and that at the granting any such leases as aforesaid, the various regulations hereinbefore contained shall be followed and observed, with such variations only as may be unavoidable. 14. And whereas divers quit-rents have hithertofore been reserved, and are now payable to us upon and in respect of divers lands hithertofore granted by us or by our royal pre- decessors within our said province : Now we do hereby authorize you in our name, and on our behalf, to make an absolute sale and alienation of such quit-rents in fe i»r,.. I Commissioner and Surveyor-gen> , ■, ) it, -I m.ii^> 111 . . . Crown Lands and Forests. 3- m. I V FOBH ai4 APPENDIX TO REPORT ON T»E AFFAIRS OF |}'V (C.) Form of Grant in New Bnnuwick. ' ' William the Fourth, by the grace of Ood of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, Ac. To all to whom uieae presents shall come, greeting : — Know ye, that we, of our especial grace, certain knowledge and mere motion, nave given and granted, and do by these presents, for us, our hein ana successors, in con- sidenition of the sum of pounds to us paid, give and ^rant r'o all that lot or piece or parcel of land situate in and bounded aH follows ; that is to say, which said lot or piece or parcel of land, as particularly marked and described in the annexed plan, as also in a plan or survey of the settlement, tract or township of (as the case may be), by surveyors. A- ?. 18 , toc;ether with all hereditaments and appurtenances whatever thereunto belonging or in anywise appertaining : To have and to hold the said of land, and all and singular the premises hereby granted, with their appurtenances, unto the said his heira and assigns for ever, he and thev yielding and paying for the same to us, our hein or successora, one peppercorn of yearly rent on the 26th day of March in each year, or so soon thereafter as the same shall be lawfully demanded. And we do hereby save and reserve to us, our heirs and successors, all mines of gold, silver and other precious metals, and all coals in or under the said lands, with full liberty at all times to search and dig for and carry away the same, and for that purpose to enter upon the said land or any pert thereof. I witness, tee. No. 48. Communications from AUxander Wedderbum, Esq., Emigration Agent, New Brwuwiek. Sir, Saint John, New Brunswick, 1 August 1838. I HA VB the honour to la^ before you, for the information of his Excellency the Lieutenant- governor, a return of emigrant arrivals during the past month, being 236 souls, and the minimum of any similar period since 1810 ; the cause assigned being alarm at the Canadian troubles, as stated to their friends, for the reluctance of persons to emigrate ; who, how- ever, from the restoration of tranquillity, anticipate a reanimated influx during the next year. With this prospect of a re-action in emiCTAtion, and with a due deference to the instruc- tions laid upon me, that I " will be carenil to report to government occasionally such matters as may appear to me likely to facilitate the location and employment cf emigrants, and advance their interests in the province," I have the honour to submit for his Excel- lency's consideration an eligible source of employment for them and amelioration of their condition on arrival in the country ; viz. the openmg of the canal between the St. Lawrence and the Bay of Fundy ; for whicli object I have given my best attention to the Report of the late Mr. Telford respecting the Bny Verte Canal, to ascertain what number of labourers and e.'tisans would be required, the time occupied, and the average rate of wages attainable, which are founded on data from practical sources. Predicating the present upon Telford's plan, 166,0UU/. will be required for the completion of the canal, which will absorb the labour of about 1,100 men for three years, the season admitting '200 days for excavating enrth, und SO more for rock work, Sabbaths exclusive ; the remainder of the time will be made up in various c aualties and habits of the persons employed, who will consist of — Common labourere - - 800 average wages now 4«. per day. Masons - - - 40 . » - 10«. Carpentere - - 10 - » - e«. Stone-cuttera - . . 60 - »f - 10«. Quarry-men - - 60 - >i - 5». „ Blacksmiths - . - 10 - »» - 10.. Truck-men - - ItiO - » - \s.6d. „ Thus 1,100 persons being required for manual purposes, assuming the average popu- lation of married emigrants, 6,6U0 are supported, and increased as thry are annually changed. On the 2d January 183'J, I had the honour to transmit a detailed report on this subject to the then Lieutenant-governor, but I am not aware that it was ever received by him ; and I new respectfully beg leave to assure his Excellency, Sir John Harvey, that an earnest desire to render useful and acceptable service alone induces me to bring it under the notice and beneftccnt protection of his Excellency. I have, kc. Captain Tryon, kc. kc. kc. (signed) A. Wtdderhmn, b. a. Sir, ^t> >»i BRITISH NORTH AMERICA. «>i Sir, St. John, New Brunswick, IS September 1888. Thb communication which hit Excellency the Lieutenant-goyemor wa* pleaiwd to have made to me relatire to the secretaryship to the Canadian commission requires my respectful tharka, which I hare now the honour to ofter ; and at the same time to request to assure hia Excellency that in any case of appointments of emolument at his disposal, I should be moat reluctant to encumber the list for patronage ; being aware that often, probably too often, there are too many ciinnts upon the feelings as well as duties of a Governor in these e<4oniea; and bnvond devotion for useful public service, I have little to advance for hia conaideration. The extent to which I would solicit is merely to represent that, amon^ the occaaional temporary employments that so occur, my humble abilities would be wilhngly applied so long as I remain m the country. The courtesy, however, which hia Excellency has on more than one occasion ex- tended to me, demands, on my part, an endeavour Ui evince my desire to render him service in my vocation ; nor am I awaie how else I can do so, than by claiming, with all deference, his permission to lay before him my humble views of what may tend to promote metropolitan and inter-colonial emigration, in a manner which at no distant day will make more apparent the high political and commercial relation of New Brunswick with the western and oriental possessions of the British Empire. In endeavouring to do so, however, I pray that a brief relation of /act* mayalike plead my insufficiency to treat the subject and exonerate me fW>m a charge of prematurity or presumption in my observations. From causes now unnecessary to refer to, a strong desire some time ago manifested itself among natives of this province to emigrate to Upper Canada, and application was made to me for guidance how to proceed to various points about Toronto, Simcoe and the Ottawa ; to the extent of my information I instructed them ; but, there being few opportunities for going from this port to Quebec, I was obliged to direct them through the Uniied States, where pro- bably they remained with their families, and are fur ever gone from the British provinces. This reflection, combined with other considerations, enlarged my official anxiety about direct communications between the colonies, without the foreign in