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Les diagrammes suivants illustrent la m6thode. irrata tc pelure, n d 1 2 3 32X 1 2 3 4 6 6 CORRESPONDENCE UETWEEN THE COLONIAL OFFICE AND THE GOVERNORS OF CANADA, RELATIVE TO THE |i' LAID BEFORE THE LEGISLATIVE COUNCIL AND LEGISLATIVE ASSEMBLY rURSUANT TO SPECIAL ADDRESSES TO THAT EFFECT. QUEBEC: PRINTED BY E. R. FRfiCHETTE, 13, MOUNTAIN SHEET, LOWER-TOWN. 1853. \ \ EXTRACT From a Despatch of the Right Honorable Earl Grey, Secretary of State for . (Lieutenant Goremor Cauleton to tVic Sscietary of iStnte.) Queiiec, 15th April, 17(57. — K. l.st July. In obedience to His Lordship's letter of 11th December, he transmits several papers together with a list of them. The revenue oflods ct ventes, cens ct mifcs and quit rents, he understand, properly belongs to the King's privy purse ; tlu- money arising from licences to retail liquors is appropriated to charitable uses, and these aic the only funds raised in that province, except the duties laid by acts of parliumojit, received and accounted for by the collector, so that the expenses of that colony full entirely on His Majesty's treasury. The charge of supporting the province, he thinks, might be lessened, unless His Majesty should think proper to repair his bouse;^ or erect some military works, both of which he thinks highly advisable. The rcgistei-s of the grants prior to the conquest have been so much tossed about and are in such confusion, that it will require a considerable time to arrange and put them in oi'dur. The expense attending the registering them is so considerable, that few have comj)lied with the order for that purpose given by general Murray, so that at present it is impossible to be as particular in that article as His Lordship's letter requires. The following are the titles of the enclosed papers : Inclosure n** 1. — List of the civil establishment of the province of Quebec, Do. n*^ 2. — Estimate of the annual contingent expense for the province of Quebec. Do. n** 3. — Military establishment of the garrisons of Quebec and Montreal. Do. n^ 4. — Account of the lods et ventes received by Thomas Mills, Esq., receiver general for the province of Quebec. Do. n° 3. — ^Explanation of the tenure of lands in the province of Quebec before the conquest. ' (C till vii th pr m (C / Inclosure n° 6. — List of persons in ariow for lods ct ventes Do. Do. Do. n** 7. — Accounts of land h granted since the establishment of civil gorem- ment, in August, 17G4. n° 8. — Account of money received for licenses for retailing liquors, nO 9. — Debt of the government of Quebec for fees of office, contingencies and claims, upon 2-lth December, 17G6. Do. nO 10 — Account of salaries due to the 24th December, 1766. By the paper n° 5 (an explanation, etc.), it appears that tho lods et ventes are fines paid to the King upon the alicTiation of lands, one-lilUi of the purchase money upon the seigniory, and one-twelfth upon the terres en roture, which were lands granted to tho King out of his reser\'ed domain for yearly rent. It has been customary for the King to remit a third of those fines. The cens et rentes is tho annual quit-rent upon the terres en roture, but is very trifling. Both these revenues are perpetual. . (Copy.) State Paper Office — America and West Indies. — Vol. 326, (Mr. Fras. Mackay.) Quebec, 30th October, 1767. — R. 14th December. He hopes soon to bo honored with full instructions from His Lordship, as without them ha will be at a loss how to act in his office ; for many of the lands within that pro- vince having been granted by the French King without the least reservation whatever, those who hold those lands imagine that His Majesty's surveyor is not entitled to appro- priate the timber to His Majesty's use. In other grants, the French Kin[ ^serves the masts and bois de construction only. (Copy.) State Paper Office — Canada. — Vol. 6. NO 23. My Lord, (Guy Carleton to the Earl of Shblburnb.) Quebec, 24th December, 1767. To conceive the true state of the people of this province, so far as tho laws and administration of justice are concerned, and the sensations they must feel in their pre- ncnt situation, 'tis neoosHary to recollect, tlu-y iirf; not a mipri*ntioti of liritouH, who biotJght with tliem tho hiw>» ol" Enghmd, but ii populous ami h)iig-rstiil)lished cohmy, rrduti'd l»y tho KiugV firms to Kuhmit to hin (h)niinioii on crrtditi cofiditiat/s ; tliat their laws inul customs were widely dini-ivnt iVom those of Eiighiiid, but founded on natural justice arwl eciuity, us well as these ; that their honors, property, and j)n)llts, as well U.-1 the i^ lug'.H due:', in ;i greJit measiuv di-pei'ded upon tlu-m ; that on the inutution ol liuuls by .sale, some special cisos excepted, they established lines to tho Klig. in lieu of (ir.il-reiils, and to iho seigneur lines and dues, as hia chief profitB, obiigitii, him to grunt his lands at veiy low rents. This sy-ttem of laws est;d>lished subordination, from the first to tho lowest, which preserved llie interntd harmony tiiey enjoyed uilil our uriival, and secured obedienco to the supreme seat of government from a very distant province : all this urrango- meTit, in one; hour, we overturned by tho ordinaiice of the seventeenth of September, one thousand seven hundred and six^y-four ; and laws ill-adapted to the genius of the Canadians, to the situation of the province, and to the interest of CJreat Brifin, unknown and unjiublished, were introduced in their stead : a sort of sevtsrity, If I remember right, never bciforo practised by any conqueror, even where the people, witiictut capitulation, submittisd to his will ai.d dis( letiou. How far this change of laws which dejnives such numbers of their honors, privi- leges, profits and ])roperty, is conformable to the capitulation of Montreal and treaty of Faris ; how fhv this ordinance, which aflects the life, limb, liberty, and property of the subject, is within the limits of the power His Majesty has been j)leased to grant to the g()\ernoi and council : how far this ordinance, which, in a summary way, declares the supremo court of judicature shall judge all cases, civil and criminal, by laws unknown and unpublished to tho people, is agreeable to the Jiatural rights of mankind, I humbly submit ; this much is certain, that it cannot long nniuin in force without a general confusion and discontent. To prevent some of the misfortunes that must accrue, the enclosed draft of an ordinance was prepared to be laid before the council; but when I rcflci ted on the many diificulties that would still remain, 1 thought it more advisable lo leave those important matters as I found them, till His Majesty's pleasure was known thereon. To show more fully the extftnt of the^^e alterations, several montlis ago I directed an abridgement of the laws of Canada, in force on our arrival, to be drawn up, and at the same time desired the cliief justice and attorney general to give me their opinion upon the mode at present in practice. This I thought absolutely necessary to show the true state of these mattei's, holding it a great importance to the King's service that all cause of great or general discontent should be removed aiul prevented. A fev/ disputes have already appeared, where the English law gives to one what, by the Canadian, would belong to another ; !i case of this sort, not easy to determine, lies at present in chancery ; if decided for the Canadian on the principle that promul- gation is necessary to give force to laws, the unilbmiity of the courts of Justice thereby will be still further destroyed, chancery revert-ing the judgments of the Bupcrior c;uuil, its ilmt court roverrii-M tlmse ■ '' the common pious; the pooplo not- witliHtantliiig conliimu to regiiliitu tlioir tiiuisactions by llieir ancient laws, tliou^lj unknown an«l iinautliorizcd in tlio Hupremo court, wliero nio.st of thetn; transactions would 1)0 (loclarcd invalid. So sliort-Hipflitod t\rr men, that nUhough those few iiiHtnncfM manifest the difforcnco of tho t)ld and now law, and give Homo uneasiness to tho parties, yet 1 have met with only one Canadian who sees this great revolution In Its lull influenc ; hut when time hiings fortli events, wliirh shall ninko known to the Can- diaiis thut tlieir mode.j o*" inhf'ritancf are tot-illy chango'l, tmd othor nltcniHon.s wliidi uirect tho property and interesu vi every family in the provinct , tlio C(»nstenial);iu mu.st come 'j-encral. Tlio present gi'oat and uuivei'sal complaint arises from tho delay and heavy expenses of jusrice; formerly the King's cou'-is sat once u week at Qufbcc, Montreal and Three llivers ; from tli(\se lay an ;;p])eal to tho council which also si or « a week, where feed of all sorts were very low, and the deci.-ions iv i Mediate. At pretoiit tho couits sit thiee times a year at Quebec, av.d twice a year at Montreal, and hnvc intro- duced all the chicanery of Westminster Hall into this impoverished provihce, whero few foitunes can bear the expt-nse and delay of a law-suit. The people aro thereby depnved of the benefit of the King's courts of justice, which rathei prove oppressive and ruinous than a relief to the injured : this, with the weight of fetM in g> neral, is the daily complaint, not but a groat deal might be saiins might be made in the old, atul those new laws judged necessary to bo immediately introduced, and publish the whole as a Canadian code, as was practised by Edward the First after the con- quest of Wales. For a more expeditious and easy administration of justice, a judge should reside at each of the three towns of Quebec, Mt)ntreal and Three Rivers, with a Canadian assistant, to sit at least once a month ; it seems to me no less essential that none of the principal officers of government and justice, neither governor, judge, secretary, pro- vost marshal or clerk of the council, should receive fee, reward, or present fi'om the peopliN on pain of the King's displeasure, though an c(|uivalent should be allowed them by way of salary, and that the inferior oilicers be restrained to the fees autho- rized under the French government, in order to remove the present reproach, that our English justice and English offices are cilculalcd to drain the people of the little substance they have left, as well as to servo as a barrier, to secure the King's interests 8 at this iliHtnnco frnm tho thruiiu, fVum thu pentilcntial dangers uf avarico and corrup- tion for ngos to como. Whnt snlarioa may bo necessary to induce gentlemen of tho law, of integrity and abilities, witij a knowledge of tho French loiitfiingo, to como into this country, I cannot tell ; such characters, however, are more indispensably necessary in this than in any other of the King's provinces ; for, hero, every fault and error of tho man becomes a national reproach. But men of tho stamp of our present chief justice and attorney general not being always to be met with, if unexceptionable characters, such as above described, cannot bo procured, it will be better for the province to be sp.tisfied with any men of sound sense and probity it can afford, who, witii !>;r)od i.itentions and tho advice and assistance of these two gentlemen, may prove of more service than an ignorant, greedy and factious set. I could almost venture to promise that in a little time tho provincinl duties may pay all tho officers necessary for government and tho administration of justice, on tho footing I propose, of procuring persons properly nualilied without fees, together with all necessary extraordinary exjienses (1 excoj)l, however, sinjcure salaries and all public works) witl.out giving tho lonst discontent. Tho Canadinns in general, particularly the gentlemen, greatly disapprove of Jie verdict givon la.-t year against the Crown, on the trial for tho duties, and both Canadian and English merchants, the colonists excepLcd, would have fixed the rates in the scheme I enclosed to Your Lord- ship in my letter (N" 22) higher than I thought judicious for the first essay. These things I thought proper to mention at present, lest the economy, necessary at home, might be an objection to tho arrangements essential to tho King's service and the interest of Great Britan. tl I> c I am, &c., (Signed,) GUY CARLETON. To the Earl of Siieliivrnb, One of His Majesty's Principal Secretaries of State, &c., &c., &c. (Copy.) An Ordinance for confimtinq and confirming the laws and customs that prexmiled in this Province in the time of the French Govcrnincnf, concerning the tenure, inheritance and alienation ofiands. Whereas, from the extensive words used in the gi'eat ordinance of this province, dated t(.o 17th day of September, in the year of Our Lord, 1764, intituled, " An Ordi- nance tor regulating and establishing the courts of judicature, justices of the peace, quarter sessions, bailiffs, and other matters relative to tho distribution of justice in this province, by wtiich the two priricipiil courts* of judicuture, ercctcJ thereby in this proviiicn," aio ernpowerud and directed, the ouo ofthenj to heiir and dotormine all criminal and civil aiUHcs, at^rotuiltle to the laws of Enxliind and to the ordinancos of thin province, and the other to determine matterH of property above the value often pounds a^ri-ealile to e(|uity, having reo and common soccage, but wo think it would be necessary that at the time of such ncv gi'ant, proj)ortiimablfc allotments should be made of other land for the su[)port of the jjroluiitaiit clergy, equal in value to tho seventh part to be specified in the new grant, for the regulations of that clause are general, and would apj)ly to grants of lands which had become rovested in the crown by surrender, as well m to lands which h"d ncner before been granted. It is stated by the chief justice, and not disputed by the executive council, that the King of France, before the conquest of Canada, might have accepted a surrender of lands and have re-granted them, and indeed it would have been extraoidinary if such had not been the law. His Mitjesty, of course, must have the same power, and though the King of France might not havn had power to grant in free and common soccage, if such tenure had not exi.-ted in Can.-;d.i by the laws then in force (upon whif h we do not venture to form an opinion), yet HIm Majesty having power to grant in free and common soccage, and being bound so to grant at the request of the grantee, if he grants at all, we humbly report to Your Lordship, that there does not appear to us to be any legal objection to His Majesty's accepting a surrender of lands holden in seigneurie, and re-granting them in fi-ee and common soccage either under the sta- tute of the 3l8t George III, cap. 31, or under any law which prevailed originally in the province before the conquest. We have, &c., Ml '''-■*>- W. GARRON, J. SHEPHERD. The Right Honorable The Earl Bathurst. ■J 21 (Copy.) NO 123. Sir, Downing Street, 31st Auguat, 1817. Having referred ty tho piovince will bo deprivcfl of one of tlio Mources of rovcnuo t^l^^ .fls dufrnying itd civil exp.nHort, with which it wa.n furniHli<;d by tlie up[)ropriiiiion of the rever.no aiixing from l\w droit dc quint, .is communicated in Lord Dorchostor'g messrigo, ntid upon lhiHi»ointwu think thut Lord Doi che.^t^u's mosaago did give an expectation to the province, thut llli^* part of His Mnjesty'a roveiiuos would bo con- tinued to be apj)lied to the defraying their civil expeiidoa, and that to take from them this source of revenue without their aMHent, or without providing an equivalent, would be an infringement of what they might fairly considm* a pledge (jr aauuraucu on the part of the Crown. ' , ' Wo are not aware that His Moj<;Hty can in any way givit to the provii-ce an equi- valent out* **any other of his revetmes, to supply the deiicicncy that would arise from changing the tenure of the lands from that of seigneurie to free and common soccage ; and if any Hource of revenue to be so applied is to be created in the province, it must be by a legislative act ; and the consent of the province to an abolition of the (hvit cle quint could only be manifested by such on act, or by an address of the twf) houses to His Majesty for that puiposo. We think therefore that though His Majesty is not precluded in point of law by Lord Dorchester's meaeago from changing the tenure of the lands, yet that such change of tenure without the consent of the provincial lugisla- tnre, expressed as before mc ntioned, or without an equivalent jirovided, would be an infringment of the pledge given by government in that messr'^; ■, and that in that point of view His Majesty is precluded, without such conesnt or equivalent, from so changing the tenure of the lands. We have, &c. (Signed), S. SHEPHERD. R. GIFFORD. Earl Bathurst. ■If (Copy.) Colonial Oi'mce, Downing Street, 3 ist August, 1822. My Lord, Lord Bathurst having, whilst the Cana'^u 'oill was urder consideration, availed him- self of the readiness chief justice Mo<:k hab shewn upon all occasions to furnish such 23 observations ami intorniiuion m liU ufficiul tigni'.J), n VVILMOT. JRctruct of a kttcr from Mr. Justice Mon/:, to Rofjcrt Wibrnt, Est/ui/-, ihitcl July. 1^22. " The rhan'^e of tho presont foudal tonuros to those of common Hoccage." Sect. 20. — This Hection of the act, declaring the King's power, requires p ticular instru'itions to ])o comnuinicatcd to the governor, prescribing the various mcdea of can ying that power into execution. It is by the modes to be used, tliat tin intc tions and Ijcncfits will Ix; more or less eff"cted. The latitude which cn-ales the di '>t of ro«pt)nsability is freriiuMitly a painful boon ; ultlioiigli in rclie\-ing the governc by pointing out tho progress of measures to fulfil the intentions of government, the k 'ps to be indicated for him to pursiio, should lead to tho plain ccmclusion of their corrt ct- ness, or, at lea^^t, niford him relief in venturing to withhold un obedience wbensn-h could not have been intended, « .• . " The a(!t merely extends the declaratory power of the King to convert the tenure of a fief which the seignior could sell. My the fief law, ho could only sell the eiitre-fief. The conversion can lliurefore (»nly operate upon such an estate in the whole. It is by the grant, mider a sunen(U'r, that conversion can beelllcled; and although the grant may do it generally <»vcr the w'iiole fief, the condiiions of the conversion will limit the operation to be : " l.i; — Upon the seigniors paying the quint fine, or sum thought to be equitably due to the King. " 2nd. — Upon the cerit'iUure paying his commutation to the seignior for the cr«j c^ rentes, and " 3rd. — Upon tho censitair«'M payment of the Crown dues upon his converBion being open or ve-ti d. " The instructions have been necessarily intended to include the subject in its various paits, with sufficient clearness to understand and correctly execute. Yet, it should be M 24 ■ considered proper in a case involving so many interests, and apparently attended with difficulties, the governor might be required, upon any application for a grant, not to execute 'any such to a seignior until ho shall have mado his report upon the general subject; and to submit all such remarks as may tend to elucidate any objections, and remove doubts or difficulties not at present foreseen, although three modes in respect to conditions upon making any grants are sugested for the commutation, it vv^ill not be requisite to adopt any one in particular, as a general rule, upon which the whole o^ the grants are to be made, though such would be desirable. Some seigniors may prefer one mode to another. The end will be attained in either, though it is thought it will be with more or less benefit on each ; and should it be thought requisite to take a pre- paratory coursoforthc governor's suggestions of facilities, or notice of obstructions, not at present contemplated upon the ex'-'-ution, his report may be directed to be first made upon the subject. ^liis may remo\ every argument against " having received absolute instructions of direction," shouhl doubts be apprehended in respect to the measures intended. (Copy.) Downing Street, August, 1825. My Lord, I have the honor to enclose, for Your Lordship's perusal, an act pa.''sod in the last session of })arliament, to provide for the extinction of feudal services in the province of Lower Canada, and I l:ave especially to direct Your Lordship's attention to the first clause of the act, by wl.ich His Majesty is enabled, by i i.^tructioiisto be commimicated to the governor of the province, through the secretary of state, to fix the consideration, erms and condition, upon which the commutation of the feudal rights of the Crown is to be made. I have also the honor to enclose for Your Lordship's perusal the draft of proclam- ation, fixing the terms xipon which it is proposed that then*! commutations shall bo carried into effect, and 1 am to in.-tmct Your Lordship to cause this proclamation to be published in the province, in whatever manner may be best adapted foi insuring the general publicity of it. You will observe that it is iiJtcnded to accept from the siiononrs, as the price of commutnlion, five per <'ciit on th(! value of the seigiicurie, and in ca^es where the seigneur and the local government may not be able to agree as to the value of the en- tire seigncuric, it is intended to leave that question to the deci, ion • if (.r/v/Yv. Pro- bably tliis price may not be a full equivalent for the rij^dits of the Crown, Vmt Your Lordship will readily understand that, in advising the King to acccept terms which might in one sense be considered as unfavoiable, my object has been to hold out an inducement to the seigniors to carry into efi'ect a change of tenure from which such considerable public advantage may be anticipated. 25 If Your Lordship, however, bearing in mind these libernl intentions of His Ma- jesty's government, shall nevertheless see cause to disapprove of the proposed terms, you will, without loss of time, report the objections which occur to you, and in the mc.in time you will consider yourself authorized to withhold the proclamation. If, on the conti-ary, Your Lordship should deem the proclamation unobjectionable in substance, any alteration in its style or language, which yourself or the attorney general of the province may judge necessary or convenient, may be made without lirther reference to me. I am, etc., BATHURST. Leutenant Ct( neral The Earl of Dalhousie, C. C. B., etc., etc., etc. (Copy.) NO 27. Quebec, 19th .Tune, 1826. My Lord, I have tlio honor to inform Your Lordship that, pursunnt to the instructions con- tained in Your Jjordship's despatch respecting the monsures t.j be taken by the pro- vincial government, r>r can-yinginto effect the acts relating to the change of tenure of seigniorial land^:, I have, with the advice of the executive council, issued the proclam- ation (*) of which Your Lordship transmitted me a draft, with such alterations in points of form as were necessary, and with the addition of a clause requiring those who should come forward to avail themselves of the terms offered by the proclamation, to shew tliat they had diL;chnrgcd all atTears of feudal duos to His iNL-iJcsty. The arc now several applications before me f )r comnnUaLion of touuie of houses and lots in Quebec, l)Ut it will probably be a considerable time before the pr()pricto•^•R of seigniories will Cv)me forward to avail themselves of the bcnclit of this measure. I have no doubt that tlie liberality of the tenns fixeo. for tlie commutation, as between the Crown and the seignior, will be generally appreciated ; but I think it my duty to state to Your Lordship, that it has been rcprcsc^nted to me by pci-:H)ns well acquainted with the subJH't, tliat the liberality of the Crown in this respect may of itself indirectly tend to keep back the seignior from asking for a chaum; of tenun^ and may thus defeat or retard the accomplishment of the views of His Majesty's government, for it is (*)NoTK. rroclamation datod 14th April, 182C, published in tho Quebec Official Gazette, 20th April, 1826, page 380. fl I 26 Bui J that, aa the act lately passed makes it compulsory on the seigiiior, who shall have obtained Jrom the Crotcn a commutation of his tenure, to grant the like commutation to his vassal, on payment of a compensation to be fixed by exjierts or arbitrators, and as one at least of these experts (the one to be named by the vassal), will of course be from that class of people whose interest it will be to keep the rate of compensation to the seignior as low as possible, the seignior will be deterred from putting himself in the situation of being compelled to goto such an arbitration, in v.bich the extremely low and easy terms already granted to him by the Crown, would be taken as the mea- sure of that compensation which he should himself receive from his vassal. This view of the subject was not suggested to me until after the proclamation was issued, and I now submit it for Your Lordtfhip's consideration and decision. I think it right also to inform Your Lordship that, aUhough upon the recommend- ation of the executive council, I have adopted the same scale of compensation with respect to houses in town, which the proclamatiini fixes with respect to seigniorial lands in the country, and have accordingly acted upo:] this recommendation in the cases of applications now pending for acomnmtntion of tenure of hcuscsin Quebec ; Ihavc? for- borne to issue any proclamation upon the subject, in consequence of .sugg«\^tions which I have received from several, that bo small a componsrition in such cases is a sacrifice on the part of the Crown, not necessary to the success of the measure, and that it Bhould be fixed at a rate considerably higher than on a change of tenure of seigniorial lands, inasmuch as houses and property in towns change owners much more frequently than mere landed property in the country, and tlie smrcuder of the feudal dues is, of course, a much greater sacrifice in the former case than in tlie lattter. Not conceiving it to be Your Lordship's intention to give up the advantages now accniing to the Crown to any greater extent than may be necessary to encourage proprietors to avail themselves of the benefits held out to them, 1 beg to be favored with Your Lordship's instructions on the point I have last stated. I have, etc.. DALHOUSIE. The Earl Bathurst, etc., etc., etc. (Copy.) QuEBF.c, 10th June, 1826. My Lord, In compliance with an address of the house of assembly in their last session, I have the honor to transmit to Your Lordship herewith their address to His Majesty res- 27 • pecting the acts of the imperial parliament, 3rd Geo. IV., cap. 119, and 6th Geo. IV., cap. 56, providing for the extinction of the feudal tenure, and for other matters con- nected with this province ; also their address to His Majesty respecting the operation of the acts passed in the last session of tlio imperial parliament for regulating the colonial trade. Also, their address to His Mtijesty respecting their right to apply and dipose of the revenues arising from the 14th Geo. Ill, cap. 88, which addresses they humbly pray may be laid at the foot of the throne. , • ., ^ I have, &c.. (Signed,) DALHOUSIE. The Earl of Bathurst, &c., &c., &c. (Copy.) Downing Street, Slst August, 1826. My Lord, I have the honor to acknowledge the receipt of Your Lordship's despatch of the 19th of Juno last, requesting to be furnished with instructions as to the rate of com- pensation to be paid to the Crown on the change of tenure of houses, &c., in towrns, and stating that it has been represented to you that it would be proper to charge a rate considbrably higher than on the change of tenure of seigniorial lands. I have to acquaint Your Lordship in reply, that I am decidedly of opinion that a higher rate should be fixed with respect to the commutation of tenure of houses, and that double the amount which the proclamation fixes with respect to seigniorial lands in the country would only be a moderate charge to proprietors of houses, who may avail themselves of this measure. I have, &c., (Signed), BATHURST. Lieut, general The Earl of Dalhousio, G. C. &c., &c., &c. B., 28 (Copy.) Downing Street, SOtli October, 1826. My Lord, In the view of carrying into effect the provisions of the acts of parliament 3 Geo. IV, cap. 115, and 6 Geo. IV, cap. , which contemplate the entire extinction of the feudal tenure in Lower Canada, I am to instruct Your Lordship that whenever it may be necessary to grant any part of the unoccupied waste lands comprised or supposed to be contained within the limits of the seigniories in the possession of the Crown, Your Lordship will direct that the patents conveying the land so granted do expressly declare that the same are t(j be held under the tenure of free and common soccage, liable only to similar reservations of mines, minerals, timber, &c., as are contained in the patents granting waste lands in the townships of the province. I have, &c., (Signed), BATHURST. Lieut, general The Earl of Dalhousie, G. C. &c., Sec, &c. B., (Copy.) Quebec, 19th December, 1830. Sir, The commissioner of Crown lands in Lower Canada having represented to me that in offering for sale certain lands, the projierty of the Crown, it would be extremely desirable to hold out to those desirous of becoming purchasers, the option of acquiring the same under the seigniorial tenure, or the tenure of iVee and common soccage, as they might think proper ; and being doubtful of the extent of my authority in this respect, in regard to the acts of the imperial parliament (lird Geo. IV, cap. 119, sec, 31 and 32, and 6th Geo. IV, cnp. 59,) I caused a reference to be made to the attonv y general of this province for his opinion, and 1 have now the honor of transmitting to you a copy of his report. From this it appears, that if the acts in question are not exactly binding on this point, they prove at least that it is evidently the policy of the imperial parliament to convert the seigniorial tonure, which is that by which the far greater part of the land in this province is held, into the tenure of free and common soccage ; and it is upon this point that I beg to be honored wi;h the your instructions for my guidance, in the event of applications being made to me to acquire lands, the property of the Crown, under the seigniorial tenure. 29 I would here take leave to remark, that the gieat majority of the inhabitants of Lower Canada hold their lands under the seigniorial tenure, to which they are much attached ; and that in denying them the power of acquiring Crown lands under that tenure, they are virtually excluded from the market when Crown lands are put up for sale. Notiiing can more fully e:taL»lish the fiict of the predilection to which 1 allude, than the extremely rare occuirunco of instances of French Canadians applying for a muta- tion of tenure from the seigniorial to the tenure of five and common soccaoe. The particular case which was refeired by my direction to the attorney-general was not my only motive for desiring liis oi)inion, for similar applications liad been made previously to me ; and upon tlie whole question I was given to understand that the granting of the power to acquire Crown lands on the seigniorial tenure would be considered as a very gracious proceeding towards the Canadians of French extraction. In this view of the case, I most respectfully submit that I may be furnished with the necessary authority for offering to those who may be desirous of becoming purchasers of Crown lands, the option of acquiring the same on the seigniorial tenure or the tenure of free and common soccage, as tliey may think pi'oper. I have, &c., (Signed), AYLMER. Rt. Honorable Sir George Murray, G . C. B., &c., Sec, &c. (Copy.) Downing Street, 13th March, 18;jl. My Lord, I have the honor to acknowledge the receipt of Your Lordship's despatch of the 19th December last, stating that it would be extremely desirable to hold out to persons wishing to become purchasers of Crown lands, the option of acquiring the same under the seigniorial tenure or tin; tenure of free and common socc^p-e, as they might think proper, and being doubtful of the extent of jour a'ltlioiity in ^lis respect in regard to the -icts of the imperial parliament ( 3 Gi;o. IV, Cv p. 19, sec. 31 & 32, and 6 Geo. IV, cap. r>9), you had refeirodthe subject to the attorney general for hi -i opinion, wh3had rejjortcd th; J tlie salos ought to be madn und?-r the tenure of free and common soccage, and not under tlic scignioiial or other tenure. In reply I have the honor to acquaint Your Loi-d^hip thut voii could not lawfully grant landj in Lower Canada to be holden of the Crown in fief and seignourie, and : 1 is 30 disability could not be removed by any iuBtructions which it is in the power of His Majesty to issue. The bill, however, which is now before the parliament, although it doea not directly meet and provide for this casn, would, when passed, enable the pro- vincial legislature to regulate the descent, alienation, etc., of soccago lamis, and thus to remove all the objections to the soccage terMVo, to which the disliko of it is presu- mably to be attiibuted. If, by the nieuiis juoposed, tli<.' mind of tbe people can be re- conciled to the change, a very conudcral)le objtct will be gained, bctau^e the lands of the province will be thus at once delivered from the iibrurd and injurious incidents of the feudal tenure, and from those rules of descent and alienation which alone render the soccage tenure inapplicable to the condition of a new country. 1 have, etc.. GODERICH. Lieut. General Lord Aylmer, K. C. B., etc., etc., etc. (Copy.) Quebec, 7th April, 183L My Lord, I have the honor of transmitting to Your Lordship herewith, by desire of the house of assembly of the province of Lower Canada, a copy of a petition to His Mrjesty, praying for the repeal of the Canada Tenure Act, I think it proper, at the same timo, to transmit to Your Lord.ship a copy of a set of resolutions which were proposed and recorded on the journal of tlio legislative council on the day of the prorogation of the proviinial parliament. By the documents above mentiuned Your Lordship will observe that the two branches of the colonial legislature entertain very diH'crent views in regard to the act in question ; and this circumstance may perhaps be considered as an additional motive for the establishment of a comnu sion in this country for the revisal of all the laws, French as well as English, I'ow in force in the province, esjiccially as it appears to bo admitted on all lands that a very g'-eat degree o^" uncertainty prevails in regard to manylegil points of the greatest importance to the interest of individuals, arising out of the present state of the laws. I have, etc. The "Right Honnrnble AYLMER. Lord Viscount Goderich, elc, etc., etc. ,\l (Copy.) My Lord, 31 . DowNiNU Street, Lomloii, 17l1i May, 1831. I am cliroctc'd by V^iscouut CJodcrIc;}) to transmit to Your Lordship > copy of a me- moriul which has been received I'rom Dr. Mills, n^hitive to an estate which he holds in the seig'niory of Sillery, which fcjrmerly belonged to tlie hite Order of Jeauits, and of which he prays thnt a mutation may be allowed from the seiguiorial tenuro to that of free and common tioccnc^e. Lord Godcrich is not aware that there is anj'thing objectionable in Dr. jNIills' appli- cation ; and as he is desirous, ifjiossible, of forwardin;^ his wishes, lie has desired me toreque.>t thuL Your Lordship will fiiciiitdte the obj'/'ct which Dr. Mills has in view, should you bo of o])iaion that no inconvenience would arise from a compliance with his request. I liavc, etc. R. \V. HAY. Lieut. Crcneral Lord Aylmer, K. C. 11, etc., etc., etc., ' (Copy.) To the Right Honorable Lord Goderich, etc., etc., etc. The memorial of the Reverend Dr. Mills, of Quebec, in the province of Lower Canada, Most respectfully dieweth : That your memorialist, being proprietor of the small estate in the seigneurie of Sillery, fomierly belonging to the Into Order of Jesuits, fipplied in the year 1828 to the executive government of the province, for a change of tenure. That your memorialist's ap])lication was founded on the clR,use relating to tenure in the Cantida Trnde Act, wheruby any person holding landr> of the Crown en re/isirc, has a right to obtain from the Chown a reloase and comniittation of all feudal burthens (paying the Crown an Indenuiity), and to get a grant cnsocvav;c. That your memorialist was therefore not f; little f^urprised at the que>tion raised in the leport of the council, 5th 8e])Lember, JS28 (a copy of'w" irh is subjoi'ied), a report which, as Y'our Lord/hip cannot fail to perceive, Avhile it disclaims i.ny intention of militating against the view of His IMajesty's government I'or a change of tenure i..'the Jesuit i' Estates, suggests, at the same time, plausible arguments against any such change, but merely for the purpose of obtaining an explanation of a despatch in which the intentions of government were pretty clearly expressed. 32 The prayer of your memorialist is, that instructions may be given to the executive govortiment of the province, directing that a commutation of tenure shall be allowed of lands held within the seigneurics of the Jesuits' Estates. And your moiriorialist as in c'.uty bound will over pray. T. L. MILLS, D. D, * 50, Sloan Street. Api-il 7th, 1831. Ext act of a report made by a committee of the whole council, dated 5th September, 1.828, oil the pptitions of Dr. IMills, praying that the lands held by him in the seigniory of Sillery, ])!iit of tlio estates of the late Order of Jesuits, may be granted to him in free iiiid common f^occnge; approved by His Excellency the governor in chief, in council, (ith September, 13ii8. '• I^ appears to the commlttco thnr it will he most advantageous for the interest of the Crown to continue the .Tosuits' Estates under the feudal tenure, " There are many raiiadiiins who profri in; tenure en rotvrc to that of free and common soccago, and as a Irii'ge proportion of the seigniories of the province are in hands of Engli?lniien, and that many more will be, it seems to be most probable that the unconceded lands in the scngniories generully will, at no very distant day, bo converted into free and Cfurtmon soccage tenures, jtnd in liucli cases the Canadian ap- plicants for grants in tlie scjicrniery of tlie .Tes-iiits' Estates would be mmierous. It is also certain lh:'t by this m'.iiins tlie proceeds of the .iesuits' E.-^tates woultl be Uiore im- mediately augmented, as the land < in the estntes of tint Order which remain to be Bottled are not of the best soil, and if the Canadians are nut induced ti) take them by their attaclimcnt to tlnnr aiu:ieiJ tenure, they are the last which will be settled. " It is by no means the intention of the committee to militate in the smallest degree against any view which Her Majesty*'s government may entertain with respect to com- mutations of tenures in the King's seiirniories ; on tb.e contrary, their oltject is to as- certain whether the direction contiiincd in Lord Bathurst's desj)at(h of tin; 30th Octo- bei', 182G, whicii sji'aks only of future grants, is to be taken to extend to the seignio- ri.rsofthe late Older of .lesuit.s, and to commutatioji of tenure with respect to lands already granted within those seigniorie.? as well as the future grants, and fortius pur- pose the preceding ob.^ervations are most respectfully submitted. " The committee therefore hundily recommend tlitit all further steps iijion this appli- cation be suspended until the pleasure of His Majesty's minister for the colonial de- partment, with respect to it, shall be speciiied." (Certified) (Signed) GEORGE H. RYLAND. Extract of a despatch from Governor General Uinl Aylmcr, to Mr. Secretary Stanley^ Dated Quebec, .Oth March. 183 CANADA TRNUUr.a ACT. " It must 1)0 taken for gninteil that this Huhject was well and duly considered by His Majesty's govcnnneiit before recommending it to the consideration ol" the impe- rial parliament ; I will only theretore take the liberty ol" observing that, having been now for a considerable time in operation, the efiocts of the tenures act hav(j become interwoven, to a degree which muft unavoidably increase every day, with the concerns of the inhabitants of the province in relation to their property ; and that the obser- vance of extreme will therefore bo necessary iu making any attemj)t to alter or modify its provisions. " (Copy.) NO 116. GovEaNMKNT HousK, QuEDF.c, 22nd October, 1851. My lord. 1 have the honor to transmit herewith, with a view to its being laid at the foot of the throne, an address to the Queen from Her Majesty's dutiful and loyal subjects the commons of Canada, in parliament assembled, praying that Her Majesty will be gra- ciously pleased to recommend to the favoi"able consideration of the imperial par- liament, the re])eal of certain provisions in the Canada trade and tenure acts, relating to l^nds iield " « ^/^/e r/cyif/'," in Lower Canada. I trust that I shall be able in a few days to furnish Your Lordship with a report on the subject of this address. I have, &c.. (Signed) ELGIN & KINCARDINE. Rt. Hon. the Earl Grey, &c., &c., &c. (Copy.) No 9. My Lord, Downing Street, 6th April, 1852. I have had the honor to lay before the Queen the address transmitted in your despatch, No 116, of the 22nd October last, from the legislative assembly of Canada, 34 praying for the njpoiil of certaiji ^)nrt^ of tlte ijni)cnnl acts 3 CJoo. IV, ca)). 119, and 6 (rco. IV, fnj). Gi), on wliicli my protloccwM)!", lord Croy, liiul d(.'fcrrctl tnkiii!^ any htcjw until tlie arnv;i1 of the rcj)ort of Mr. attorney gcncnil Druinnioiul, which has now reached me witli your de.s]mtch, N" !,'0, of the 5th ultimo. 2. Iler Majesty's governmciit ^vil1 not ftil to give tlic Ir hest attention to the subject of tliis address ; but in tlio pro.ifiit .state of public bui-iine."- 1, it is out of my power to undertake that the repeal of these acts will bo piopo.'^i'd to parliament during the current session. You will therefore be pleasc'l to mnkc kimwu to the legislative assembly Her Majesty's answer to this addreM to the above effect. I have, &;c., (Signed) Rt. Hon. the Earl of Klgin and Kincardine, K. T. &c., iScc, &c. JOHxN S. PAKINGTON. (Copy.) NO 20. CiovEKNMENT HousK, QuEHEc, .5th March, 18;>2. My Lord, I have the honoi to transmit herewith a communication whicli I have received {t> i^ Mr. attorney general Drummond, upon thr sul)ject of the addi-ess nl' the lej4islati\o assembly, of the SOtli August last, tranfmitted in my des]);il(li, N" 11(5, of tin; 22iid October, and prnyin'? *'nr tiie repeal of certLin pints of the imperial acts 3 Geo. IV, cap. 119, and 6 CJeo iV, c;>p. 59. 2. The provisions of the above mentionrd acts, to which the address of the assembly refers, have been the subject of reiterated complaint on the part of the pojiular branch of the local legislature, on the ground chieHy of their being unduly favorable to the seigneur, to the prejudice of the rigjit which the iMtendii'ir Mttler had under the old tenure of demanding the concession of scignioiial lands, on the payment of the customary (piit-rents and dues; and also, of the ^iibject being ono of internal arran- gement, with which the imperial parliament ought not to have interfered. It is also to be observed that the ajjjtlications for commutation \\ hich have been made under the acts have been very limited in ruimber. Right Honoiable Earl Ciroy, Sec, &c., &c. I have, &c., (Signed) ELGIN & KINCARDINE. sscmbly branch n to tlio the old of the illTilll- t is also iiilei' the [E. Upon the Ad'hrso of the Legislative Assrwhlij of the 'VMli Aiii^uH, IS.')!, 'praying for the repeal rf parla (f flic fnipcrinl Statutes ',i Uco. IV, mp. Ill), and 6 Geo. IV., cap. fil), — Caiuida Trade, and Canada Tenure acta. Crown Law Dkpartmknt, Qukuec, iJGth February, 1852. I have the honor hcrcfwith to Kubniit for thu iiifornjatioti of Hi.s Excellency the governor gencriil, wevcral extracts matli^ from the j(jiuiial.-i of tlie house of n.sst?iiibly of Lower Canada, Hhewinir the oj)iiiionH ex])ressed, and the proceedings adopted by that body on various occaaions with reference* to the Canada Tenures act. The object of the addros-d, wliich it is now propo.'.ed to submit to the favorable con- sideration of the imperiul autboiities, is Holcly to obtain the re2ieal of those clauses of the acts in question wliich go to deprive the inhabitants of Lower Canada of the right of claiming unconccded lands in Heigniion;!rs, Avho \vero appoiutid in 18.35, for the investigation of grievances afll-ciing Her Majcsty'.j subjects 1:1 Lower Canada, where an ojjinioa is •pronounced in favor of the repeal of these (inactments in the Ibllowing terms : — *• There is every reai-on t ) hope th l '.vhcnever u hotter imderstanding may be esta- tablished betwi-en the litcil legijlature and tlie provincial government, there will be no objection on tlio part of the former to pass some measure for the gradual discharge of lands from feudal dutitjs and services, if not in a manner obligatory on the seignior, at least by voluiit'.iry ai^reument ; and whenever such a measure may be passed, we have no hesitation in saying that, in our o])iuion, the tenures act of 1825, and the claus(!s in liie trade act of IS22, wliich relate to tenures, should be repealed, of course making it a condition of the repeal, that all titles and advantages acquired under either of the acts are to be held valid. (Cicnicral report, cap. 4, sect. 20, page <)3. See also preceding sections, from 7 to 20.) The hope ex|)ressed by tin; commissioners that ii measure for the gradual discharge of lands from fend(d duties and services would be passed by the provincial govern- ment was fulfilled by the enactment of the optional commutation act, 8 Vict., cap. 42. I have further deemed it expedient to annex to this report a certificate from the deputy provini;ial registva", wl.icli, totrcther Avith the returns made in 1833 and 1835, to be found among the accoinpanying abstracts from the journals of the house of • 36 assembly, «how the number ofcommutntiotH vvfiich have bct.-ii eflucted urid»)r these acta. From tlicu Hlutcnu'iits, it will \ic {MMctivr-il that (•((miiiutiitioiirt huvn us y«!t brun t'ft'ei'tcd ill no inoio llinii iiiiiti scijfiiiorit'H. Tlio riglits iir({iiir(>d by tin- hoMcni oftliese fictfl, a» well a.sthi!.ie of all otlierrt wlio huvo taken advantiigo of the HicilitifiH acntrdrd to them by the imperial eniictmeut!*, .ihould of rourso bo maiiilaiiK'd, na Hiigge8tc«l in tho address now under eoiisidi-ratioti. Tiie imperial parlianient 1.x not railed upon to any i itertereiicis with rights acfjuired uiuler the enactments <'om[)laiiu'd of, but to prevent individual holders of tiefs not yet eoinmuted from availing tliemsi Ives of thu imperial statutes to deprive the bonii Jidc settler of rights acijuirod by him under the preceding laws of Canada. 1 must not omit to draw His Excellency's attention to that part of Lord CJli-nelg's instructions to the nbovo commissioners, whicli relate to the tenure of lands in Lower Canada, from which the following extract is taken : — " I next proceed to the consideration of a Kubject which has given rise to long and embarrassing discussions between the executive goveinment anil the house of geneiul assembly; I refer to tho tenures on which lands in the province of Lower Canada are holden. Much controv(!rsy has prevailiul, not only respec*ii'g the legal incidents of Boccage tenure in that province, but also resptuting the comjiaititive advantages of holding land in lief aiul ^-elgnioi y, or in soc<;ag<>, and a ipiestion has arisen whether these controversies would be more properly adjusted by parliamentary or by provin- cial enactments. Convinced (jf tho pn juiety of reti'rring the whohi subject to tho provincial legislature. Lord l?ipon embodied that j)riiiciple in an utt which was passed in the year 1831. 'l has 'een since maintained that the language of that statute is not sufficiently precise »r copious to effect the real de;^igii of its author, and it has been strongly pressed (jn His Majesty's government that parlianient should bo advised to repeal the Canada tenures act o\' 1S25. On the whole of this subject, 1 am well convinced that the imperial legislature will adopt any measuie dlatiftct^'j recommcnilt'il to thcin hij the Ifgishiturc of Loiocr- Canada. To advance any further, except at tho instance ol'that legislature, and with a {leifect assurance of its approbation, would bo to disregard every lesson to be derived from the experience of past years. (Signed) LEWIS T. DRUMMOND, Atty. Genl. L, C. •7 List of Seigniories, the tenure of which has Uen commuted under the pn/nsum* of tht ImpertuJ Sf ifute, iith Qfo. IV, cap. f)9. Numo of seigniory. Date. Sto. Anno do la Perado 28tli December, 1830. UenuhanioiH 10th March, 1833. Lrtbinioro yist December, 1835. Madawaska and T^miscouata fith December, 1838. Mont-Louis Gth Juno, 1839. Perthi'iH 7th April, 1841. Riviere do la Mugdoloine 8th March, 1842. Pabo8 8th March, 1842. Ansc du Gr.ind-Etang 14th February, 1846. (Signed,) THOS. AMIOT, Deputy Registrar. Quebec, 26 February, 1S(»2. L. C. (Crtpy.) Notes of the proceedi^igs of the House of Assembly of Lower Canada, and eairacts front, its Journals in relation to the Canada Tenures Act. The imperial act of the 3rd Goo. IV, cap. 119, commonly called the " Canada Trade Act," was made known to the colonial legislature by allusion to its passage in the speech of the Earl of Dalhousic, at the opening of the Lower Canada parliament, on the 11th January, 1823, in the following words : — ** Another act has also been passed regulating our trade with the United States of America, and our intercourse with Upper Canada, and providing for an adjustment of the differences subsisting between the two provinces," virithout any allusion to the two clauses thereof, (31 and 32), regulating the mode of effecting a change of the seigniorial tenure. On the 25th of January, 1823, a copy of the above act waJs laid before the house of assembly, and on the 15th of February following, it was unanimously resolved by the house, on the motion of Mr. Stuart, seconded by Mr, Cuvillier, to take the said act into consideration by a committee of the whole house, on the following Wed- nesday. February 19th. Committe sat and reported progress. February 24th. Committe again sat and reported progreBS. K 38 March IDtli. Iloust^ roHolvoH to take into thoir most Hciriuiis con.sidtuulion, at an curly ptM-iixl in tin* tMisiiing soshioii, llie net cuiniiioiily callod tlu) " ('uiiuda Trado Act."" In llu) iliUouiiiL;' session, tlio lioiis(> Imviiig proviou.sly satin connnittuc* of the wlioltt houso four limes ou the said bill, on Fohnmry 18lli. Molit>n was inudo for an udtlress to the govonior in cliiof riipro- scnting : ** That tim unconci'dtul lands lu'ld by the s«'ii>;niors en firj\ in this provinco, aro held by thcni s ibjrct to lui n-granttul to any applicant i-ngaging to srtllu thereon, subject only to the accustonieo. Ill, (1771). " That this houst> conceiving fliat it is a duty incuinlx'ut upon it to support, in so far as may depend upon the house, every right of its constituents, humbly represent the matter to Your Excellency, and j)ray that in any conditions which may be imposed on any seignior rendering lands under tht! said act, to obtain a grant thereof in free and connnon soccagi', such conditions may be imposed on such seignior in conformity, to the said act, as may preserve entire the right of the subject to a grunt of said waste lands, 8t tne usual rrdcviutcc or dues and conditions." Consideration of motion postponed to 21st February. Feby. 21. — Above motion lost by adjourimicnt. Same day. — A motion to a]i])oinl a ronnnittee of seven to draft an addre.sa praying for the repeal of said act, " inasmuch as it contains ci-rtaiu dispositions c»»ntrary to the rights and interests of the province, " was negatived, 8 to M. Al^o. anotlier iiiotitm foi' the appointment of a conintitlee of sev(>n " to enquire into and report upon the advantages or disadvantages resulting from the execution of the act 3 Geo. I V, cap. Hi), to the constitutional rights and interests of the province, " was made and carried, 14 to J3. No report from this committee. 28th Feby., 1824. — The order of the dny .;, IStli inst., then lost by adjournment, wa3 revived, and the address then moved wa.s unanimously adopted. 3rd March. — His Excellency's an.swer to address was communicated to the houa*. 39 lull, at ail 1(1(1 Tnido lh, and tnmsniiltestioyiiig acknowledged rights and by aflbrding facilities for fraud and ojiprcssion. 2. That the law of England, as introduc(;d in certain parts of this province, in virtue of tlu; said act, is opjioscd to the ftiolings of the inhabitants of this province! incompatible with their educatictii and habits of life, and has been forccid upon them contrary to their rights, interests and desires. {). That the saitl act ought to be repealed. The abovt! resolutitnis wen; unanimously adoptenl, and a committee named to draft an aehlress foundiKl thereon, to be submitted to the King in parliament. March 2G. — Addresses to the three branches of the imperial legislature, founded f»n the ab(»ve resolutions, were adopted by the house, and an address to the govtmor in chief, informing him of the same, and requesting him to transmit them to His Majesty's ministers, was also adopted. , . 40 - It was also resolved, — That the speaker be desired to forward the addresses to the houses of lords and commons, and to see that they be presented according to the reso- lutions of this house. 28th March, 1831. — The speaker reported the governor's answer to the above address, promising in the usual forms to transmit it to be laid at the foot of the throne. In the following session, December 20th, 1831, it was Resolved, — That the house would, on the 27th, resolve itself into a committee of the whole, to consider the expediency of repealing in whole or in part the act, &c., (Cemada tenures act), or adopting such legislative provision as may appear best cal- culated to secure to all His Majesty's subjects in this province, the right given to them by the ancient laws, of obtaining possession, without purchase, of sufficient portions of unconceded wild lands held from the crown A litre de fief et seigneurie, at the accustomed rates and dues, on condition of cultivation and residence thereon. December 27th. — Committee reported progress. January 24th, 1832. — Committee reported progress. '• 27th. — Committee reported resolutions. " 28th. — The following resolutions, reported by the committee, were unani- mously adopted by the house : 1. That by the laws of Canada, guaranteed to the inhabitants of the province by the capitulation of 1760, the act of 1774, cap. 83, and the constitutional act 31 Geo. Ill, cap. 31, they had a right to grants of sufficient portions of wild lands held from the crown d litre de fief, subect to the customary dues, and on condition of cultiva- tion and residence. 2. That the commutation of these lands into the tenure of free and common soc- cage, under the act 6 Geo. IV, cap. 59, deprives them of this right, and vests the said lands in the seigneur, to dispose of them on such terms and conditions as he thinks fit, at the same time subjecting those who may settle thereon to laws with which the great majority of the people of the province are unacquainted, utterly unsuitable to theii cii-cumstances, and repugnant to their feelings and usages. 3. That the provisions of the said law for the said commutation are unjust, and contrary to the established rights of the inhabitants of this province, to the extension of settlement, and to the general prosperity. 4. That it is expedient to repeal so much of the 3rd Geo. IV, cap. 110, and 6th Geo. IV, cap. 59, as provides for the commutation of lands held d litre de fief and d litre lie cens, in this province, to be held in free and common soccage, subject to the laws of England. On the same day Mr. Neilwon obtains leav«5 to bring in a bill to effect the repeal mentioned in the 4th residution. , ses to the the re8o- he above lie throne. imittee of act, &c., best cal- t given to ' sufficient eigneurie, e thereon. ere unani- ovince by ct 31 Geo. held from af cultiva- nmon soc- vcsta the ions as he aws with d, utterly tijust, and extension and 6th fief and d ect to the the repeal 41 Introduced and load Ist time. January 31st. Read second time and ordered to be engrossed. February Ist. Read 3rd time and sent to the legislative council. February 16th. House resolved, on motion of Mr. Neilson, That an humble address be presented to His Excellency the governor in chief, with a copy of the resolutions of this house of the 28th January last, upon which the bill passed by this house for the repeal of the clauses of the act passed in the parlia- ment of the United Kingdom, authorizing the commutation of lands held enfipf et seigneurie into free and common soccage, was founded, praying that His Excellency would be pleased to take the same into favorable consideration, and that until such repeal is eifected, he would give directions to the law officers of the CrowTi to support, in all cases, where a commutation of tenure of seigneurie is prayed for, the right of all His Majesty's subjects in this province to obtain concessions of waste lands in the seigneuries, at the accustomed rates and dues, on condition of actual settlement, and oppose, under the Ist and 7th clauses of the act 6th Geo. IV, cap. 59, the making of any fresh gfrant of such lands, unless the said rights be maintaiued and reserved, and that without such condition no fresh grants of such waste lands be made. February 25th. By message His Excellency " expresses his regret that the interval of time between the presentation of the said address and the close of the session, has been too limited to enable him to give to the subject of it the degree of consideration necessary to enable him to come to a decision on a question of so much importance. " He requests the house to be assured, that he will continue to give to the subject of their address his best consideration, with every desire to comply with their wishes in as far as the provisions of existing statutes will authorize him to do." « Duiing the next session, on the 24th November, 1 832, an address was voted to the governor in chief, with reference to the address of the 17th February, respectfully inquiring of His Excellency, whether, in the interval which had elapsed, he had been enabled to place himself in a situation to give any new information on the subject, praying him, in that case, to be pleased to communicate the same to the house. On the same day another address to His Excellency was adopted, praying for a list of all applications made to government for a mutation of tenure under the 6th Geo. IV, cap. 59, whether by seigneurs hoi ding ^e/s from the Crown, proprietors oiarriere- fipfs, or of censitaires, &c., &c. ; also a list of all oppositions, remonstrances or memo- rials which may have been presented, &c. On the 7th December, the governor in chief, by message, " assures the house that in eveiy instance where he may be called upon to give effect to the Canada tenures act, he \\i!l not fail to require the complete fulfilment of every provision of the law." On the 22nd March, 1833, the documents requested by the address of the house of the 24th November, 1832, were laid before them as follows : {Vide Appendix K. K, 1832,-33.) / 42 On the aOth November, 1835, in reply to an address of the liouse ol'tlie lOtli ot tha fiune month, a contiimaiion of the above ]!st, up to the 13th November, 1835, was laid before the house, and which is as follows : (Journal, page 175.) 27th February, 1S36. The house, on motion of Mr. Morin, resolved to consider, in committee of the whole, the expediency of repealing, in whole or in part, the Canada tenures act. On the 1st March, 1836, the house again passed the resolutions adopted on the 28th January, 1832, and Mr. Moiin brought in a bill to repeal certain parts of the 3rd Oco. IV', rap. 119, (Canada Trade Act), and of 6th Geo. VI, cap. 59 (Canada Te- nures Act.) March 3rd. Second reading. " 4th, Read third time and sent to the legislative council. The 56th, 57th, 58th, 59th, 60th and 61st of the 92 resolutions of 1834 relate to thi subject, and the 62nd concludes : " That it is the duty of this house to persist in asking for the absolute repeal of tlu said tenures act ; and until such repeal shall have been effected, to propose to the other branches of the j)rovincial jiarliamcnt such measures as may be adapted to .veakon the pernicious effects of the said act," and in the address founded on thoso resolutions the effect of the tenures act is minutely treated of" {N« (i70.) My Lord, Downing Street, 27th December, 1851. I have the honor to transmit for the consideration of Your Lordship, and of your executive council, the accompanying copy of a letter which I have received from the right honorable Edward Ellice on the subjfict of an act brought into the Canadian parliament in its last session, but which, it appears, was afterwards withdrawn, relative to seigniorial rights in Lower Canada, together with a copy of the answer which I have caused to be returned to Mr. Ellice's letter. I am, 'tc, The Right Honorable The Earl of Elgin and Kin«'ardin«», &c., &:c., &(• (Signed.) OREV 43 ^1'' AnLiNciTON Stkeet, 10th December, 1851. Sir, to th". ' I request you will bring under the consideration of the secretary of state for the colonies, the enclosed copy of a bill brought into the legislature by the solicitor gene- ral of Lord Elgin's government in Canada, under the title of " An act to define cer- tain rights of seigniors and censitaires in Lower Canada, and to facilitate the exerciso thereof" This bill, under the pretence of defining certain rights of seigniors in Canada, is in reality for the confiscation of such rights, and, as is alleged in Canada, is brought in more with a view of influencing votes at a general election, by holding out inducement to tenants to vote for candidates willing and able to release them from their engage- ments than, as it would appear, from any semblance of reason or of expediency, on which an act of direct spoliation could be sugg'^sted. My family and myself have been interested in, or in possession of, the largest and most valuable seigniory in Canada for the last 70 years. I made an aiTangement with tne local government, under the act of parliament of 1825, now nearly 30 years ago, for a commutation of the tenure of the unsettltd land, binding myself, among other conditions and according to the provisions of the act, to commute the seigniorial rights and rents of any tenant who should desire the conversion of his tenure, on such terms as should be determined by arbitration named by both parties, or by arbitration named in the court of Queen's bench in the colony. The rents on the different farms vary from 2d. to 6d. an acre. I think the largest proportion are at 6d. The rents are covenanted for in written leases, signed by both parties, and passed before and recorded in the offices of notaries public, wl ich have been frequently matter of proceeding and judicial determination before the courts of justice in the province, where their provisions have invariably been enforced. It is now sought, for the first time, and certainly in a manner and on principles unknown to the legislature of any country in the world except in France during the first revo- lution, to release the tenants from their engagements, and to confiscate the rents of the proprietor by an act of the provincial legislature. The same complaint has been made of perpetual leases and of any ancient modes of tenure in the adjoining state of New York, in our colony of Prince Edward's Island, and in other places. Proposi- tions have been made for their abolition or regulation, but only in the colony of Prince Edward's Island without adequate compensation to the proprietor. The govemmenu have lately, it is understood, disallowed the act passed in that case although of much less violent character. Recourse would be had to the supreme court of the United States against u similar attempt on the part of the legislature of any separate State in America. In the colo- 44 nies, the subject can only look to the protection of the CrowTi, when parties in the legislature, excited by circumstances of « the moment, disregard the sacred rights of property on any supposed view of expediency, or in seeking for popularity to promote their political objects. It is on this ground that I trouble you with this application. The secretary of state will have no difficulty in forming his opinion on the import of the provisions of the act. It is scarcely necessary to point out particular claims to his attention, all being more or less of the same character ; but the clause 34, relieving tenants from voluntary engagements, and which, to my knowledge, they have punc- tually performed during half a century, is probably the most striking. The bill, after passing the second reading, was withdrawn, but notice was given by the solicitor general of re-introducing it in the first session of the new parliament. A canvass and election are now proceeding in the various seigniories on the faith of candidates returned by the tenants voting for it. Having brought the matter under the notice of the secretary of state, I have no dis- position to suggest any course with respect to it. His Lordship may probably consider it right to express his opinion to lord Elgin, whether it is consistent with the honor of the Crown, or the claims which the subject has to its protection, that his government should encourage an agitation on this subject, by re-introducing a bill to which it would be impossible "Dr the Cro^vn to give its assent. By the last accounts tenants are paying their rents as heretofore, but the agent expenses great doubts as to the state of things which further agitation might produce. ' I have, etc., (Signed) EDWARD ELLICE. T. F. Elliot, Esq., etc,, etc., etc. (Copy.) Downing Street, December 30th, 1851. Sir, I have laid before Earl Grey your letter of the 10th instant (addressed to Mr. Elliot), bringing under His Lordship's consideration a bill which had been brought into the Canadian parliament, in its last sessio'i, but afterwards withdrawn, intituled : " An act to define certain rights of seigniors and censitaires in Lower Canada, and to facilitate the exercise thereof." JCE. 45 Lord Grey directs me to acquaint you in reply, that the bill to which you refer has not yet been brought under His Lordship's notice by the governor general of Canada. It is inipoHsiblo, tlieretijro, for His Lordship to express any opinion, or to advise Her Mujesty to interfere with respect to the bill in question, and as to which it is uncertain whether it will pass at all, or if" so, in what shape. Lord Grey is, however, persuaded that, in legishiting upon a subject of so much dli'ficulty and importailce, the provincial legishitu e will proceed with due caution and dclibe.ution, and that a great majority of its members will be found too enlightened, to understand too well the true interests of the province, and tlio shock which such a course would give to its rising credit and prosperity, to pass a law which, on ex.imination, would prove to be inconsistent witli a scrupulous regard to justice to individuals, and the rights of property. Lord Grey has a proof that it was not the wish of the leading members of the assem- bly, which has just been dissolved, to legislate upon this subject, without a careful in- quiry into the rights which might be affected by doing so, in the fact that an address has been presented totheQ.ueen from the assembly, praying for Her Majesty's assist- ance in obtaining a variety of information calculated to throw light on the subject of the feudal tenure in Lower Canada. If, unfortunately, the new house of assembly should proceed to pass an act which would, in your opinion, involve such a violation of private rights as would justify parties similarly aggrieved in one of the states of the American Union in seeking redress in the supreme court of the Union, it would be open to you to bi'ing any objection which you might entertain to its couiirmation, under the notice oi' Her Majesty's government, nor would Her Majesty be advised to confirm any act against which such objections had been urged, until they had been fully con- sidered, and if established, the royal assent would be withheld. Lord Grey will transmit a copy of your letter and of this reply, for the consideration of the governor general and of his executive council. I have, etc., The Right Honorable Edward Ellice, etc., etc., etc. (Signed) F. PEEL. 551, Elliot), I into the An act lacilitate (Copy.) DowMNo Strekt, 19th Jimc, 1852. N«i 37. My Lord, I transmit for Your Lordship's consideration the copy of a letter which I have re- ceived from colonel Gugy, who has arrived in this country, deputed by a body of sei- 46 gnieurs interested in lanJcJ property, to appeal against attempta which thoy apprehend will be made in the provincial parliament to interlere with their rights. On this subject it is only at present necessary that T should express my entire con- currence in the observations contained in the letter addressed l)y enrl (Jrey'a direction to Mr. Edward EUice, which formed the enclosure in His Lordship's despatch n" 670, of the 3l8t DecerAber last. I have, etc., JOHN S. I'AKINTON. The Right Honorable The Earl of Elgin and Kincardine, etc., etc., etc. (Copy.) Sir, G.'ji, Staitoro Place, Pimlico, 7th June, 1852. I have arrived in this country from Canada, deputed by a body of seigneurs inte- rested like myself in landed property in that colony, to make an apj>eal to the British government against attempts made in the provincial parliament at Toronto, and the renewal of which is threatened at the approaching meeting thereof at (Quebec, to deprive them of rights secured by law, and of which thoy have been in undisturbed possession since the annexation of Canada to Great Britain. I pray you will be pleased to admit me to an audience, at which I may more fully explain the grounds for this appeal, but in order that you may be previously aware of the exact nature of our grievance, I beg to submit the following statement on behalf of the interests I represent. In the course of the session before the last of the provincial legislature; the following resolution was referred for consideration, to a select committee : 10. Resolved, — That the seigniorial tenure in Lower Canada is a matter of public concern, which it is the duty of the provincial legislatui'e to take into consideration, more especially now that the subject has attracted the public att( ntion in a high degree ; and that it ia therefore important to effect, at as early a period as possible, the conversion of the said tenure into a free one, taking care that all the interests con- cerned are protected and equitably adjusted. After considerable investigation into the origin and progress of the settlement of ihe seigneuries, and of the various laws and edicts of the French Government res- pecting them, the Bolicit(jr general, Mr. Druramond, chairman of tho committee. Allowing public Icration, n a liigh mssible, |st8 con- lent of :;iit res- Iniittec, 47 introduced the bill, of whitii I Imve the honor to enclose u copy. The bill was read a Hccoiid time and then dropped, in consecpienco of the approarhing terraiuatiou of tho session. This mt!a.sure, as you will see from a pcM-usal f)f its provisions, instead of providing for a cnnunulatioii of the I'oudal tenure, the obiect ol" the resolution, en;icted an uncon- ditional confiscation of a Itirgc j)ortion of v'.o n!nt, without even the semblance of compensation, either from the tenants or the public. IJy one of the clauses, all tenanta in Lower Canada wore absolved from their written engagements voluntarily entered into with the formalities required by law. We venture to assert thnt no legislative i measure of so violent and immoral a character has ever been proj)o;',ed to, or sane- ' tioned by, any legislature except, possibly, by the French convention in 1789, and most assuredly haa never been attempted by any parliament or colonial assembly under the authority of the crown of (rreat Britain. We have reason to believe that the attempt was made from the expectation that puch a measure might render the parties 8uj)portir.g it pojiular with tlie to'.iants and el('ctf)rd in the ;*eign(mrios at the then approaching elections for the present assembly. It is from the engagements of these parties to re-introduce the bill in the approaching session and our knowltHlgo of the extreme ler'gths to which they are prepared to carry their views, that we feci ourselves compelled to throw ourselves on the protection of the English government. If we were to wait till such a bill, ])roposed with the sanc- tion of the governor general, ])assed the legl.-lature, the expectations it would raiao among the tenants (and the subsequent disappointment from its necessary disallowance by the crown, for we cannot permit outseleves for an inst;int to doubt the disallowance) would throw the whole country into discontent and confusion. The { nclosed bill had not even the merit of providing for a commutation of these feudal restrictions which all parties admit to be objectionable in the present circum- stances of the colony. The perpetual rent varying generally from two pence to six pence an acre, and in some few instances laiscd so high as eight pence, — so far from being an evil in a new country, is a much less onerous engagement to the settler than the payment of a cjqjital ecpiivalent to it. It is less than half the interest on the amount now recjuircd l»y this govt^rnment as the minimum price of wild lands in the colonies. The real evil in Cairad.i is the fine on mutations, varying and increasing with the increased improvement of the country, the droit de nuniiure and other rea- trictiona of that character. For these grievances the bill proposed no remedy. The pretext on wliicli an attack was made on rent, was that the seigneurs were re- stricted by tlie terms of their niigiual grants from exacting a higher rent thin a certain . tarill" fixed by the obsolete edicts of the French government. This has been a fruiliid topic of agitation by all demagogues for the last fifty years — and has led rarely, probably in ten or twenty cases, to attempt at resistance to the payment of the covenanted rent, by tenants urged by those parties to appeal to the courts of law on tlie question. 46 From ihij first suit of this dcsonptioTi to the last, (decided by the Bupc'or court of Lower ('unadii in January luHt), tlie judges have invaiiably and unanimously sustained thn validity of the leases, ami the Icfjal rights of the |)n(j)rietors. I refer you Ibi con- firmation of this fact to the case of Lunglois vs. Mnitel, at pugo aO oi' the Iy legis- without [jrs, but pie 8U8- 40 1 have lakoti tlio lll)eily of troubling you at length with this utatcment of the case which I uin nei ill of Cnuiida to withliold his sanction from the intrf»dnction of any new lull of a similar character with that pioj)Osed, as I have said, by Mr. Drummond, or which may contain provision.^ inconsistent with public faith, the rights of property, and the principles by which botli are secured in the legislation of thia country. I have, etc.. A^ GUGY. The Right Hon. Sir John S. Pakington, Bart., etc., etc., etc. nts from ible you 8 I have of their as much arrange- paased Crown, cases of |nt, fincB for the ling the Id by the )le body Iment for liowever, , of their lince the Jliffictdty indifte- present I the pro- |f tenure (Copy.) NO 33. Dow.NiNG Street, 29th June, 1852. My Lord, With reference to earl Grey's despatch n^ 670, of 27th of December, I hare the honor to transmit to Your Lordship, with a view to its being brought under the con- sideration of your council, the copy of a representation which I have received from Mr. Peter Buniet, upon the subject of two bills introduced, last session, into the provincial legislature, afl'ecting seigniorial lights and the tenure of land in Canada. I have, etc., (Signed) The Right Honorable The Earl of Elgin and Kincardine, etc., etc., etc. JOHN S. PAKINGTON. O^opy.) Sir, Nice, Italy, 29th April, 1862. I have the honor to address you on the subject of a heavy grievance and injustice, to which I and other persons holding seigniories in Lower Canada are exposed, in regard i| 50 to vvliich lui iippeal to the l?jili.ili i^ovoniiiifiil lind hocoino nocessiiry for llio jiiultM-tion oftlie rij,'lit4 of property in tliut colony. 1 iim tli-sirtMH to ploiui tlio urujcncy ((J'tlic ruuo ns ;in I'xcusd lor Idiiiging the Huli'n'i'l undiT ymir notice ;it tlii' |>it'.-it'nl moment. Two bills were introduced into the lionse of iiss(;ml»ly dining lii.st .session, oniM»t'\vliicli tu dcHnc certain ri;j;ht>< of M-ij^niorH mid ci'iisitaire.s in liower (';iiiiid(i, iitid the other to faci.itate llio redemption ot"Keigni()riul liifht-*, and to convert tli»' temire oftlie lamlH into that oiJ'ranr-aUvu rofurier. Under tlm infhieiice of circum: tance«, the hreiikitij? uj) of the Lidontaino ministry, the lendinir memliers of which werti opposew again jil)oiit to be brought forward by the pit!sent attorney general, uiid assecpiently, undtT the system of self-government now accorded to the <'(»lonieH, will pass into law, uidess the governor general be instructed to withhold his assent, and, by the exercise of the prerogative of the (.'rown, reserve these two bill* for the consideration of tho uuthoiities in England. I hold extensive property in Canada, havii)g nt one time been a member of tho house of assembly for the city of Quebec. ()n(> jmrt of my prdpeity is a seigniory granted by the King of Fr.ince, and liable to J'oi and luniuiiir to tlie Crown. Another part of my property I hold as a free gift and grant of a very old date, and 1 submit my own case, which, however, assimilates to ihul of the others seignior in Lower Canada, as almost all the seigniors held their projierties und .'r the one or the other of tlie.ie titlesi which titles are enregistered in tho lieghtrv iV Inttndanw, at (.Quebec, and \\\v not con- contested. By tho enactments of the bills now under con idoraticm, the compensation to bo given to the seigniors for the rights and privilegea th(?y are requiied to surrender and give up, is to be estimated, vahied and jxiid for in a iiianiier utterly unjust and con- trary to tho evidence of the attorney general (Ogdeii) and of llie solicitor geni'ral (O'Sullivan), as given in the year If^i^G, is not only ijuiti; iuiuletjuato and fir less than recommended by thr- commissiotiers of griev'iices in tlu ir geiieial report in is^iiG. and even then the compensation granted to the weignior in France, when under the influ- ence of the Revolution, i\\{i regime ff'oddlwM done away with in 178P-90 ; but the seigniors in Lower Canada are ii(,w about to be depriv m1 of a ])arT of what has li therto been recognized as their property and their light, and -vhich ptnipcrty is viilually to be confiscated by the provisions of these bills, and wilhtxit uuy compensatii>n being given to the seigniors. That part of my property originally granted as a free (rift and iwit innlertlu^ seignio- rial title, is about to be held liubl:; to tlie enactni'-nts (»f thos«' bills, to which I do not object, as such lands, although not liable to /?>/ mkI hointtse, or to :niy lino to the Crown, have hitherto beeii treated as -^ignioiies (*y the eustom of the country and under the maxim of French law: nullr Urrr sans migneur; but wlak' this maxim is held to be valid and is about to be adopteil so > to bring these lainl> under the pro- visions of those bills, it is nevertheless to be ;i!-) i^ated and set aside, as regards the rights and privileges of the proprietor of ' he ' -jx^i, and wlio i.-> to be deprived of the uUutioll tllU «'IWH It. Two wliicli to OtlltT to l)k> IhiuIh inking up myot'tho it ion of" a :iH ; tho"!0 colouit'S, lis assent, i for iho XT dl' tho Hi'ijfiuory Another lubmit my r Ciinada, lest! titlesi c not con- tion to 1)0 •iwlor and mil con- gcnrral CSS than '<:!(3. iuid •u! inihi- l>iit the Irthorto jt .illy to II being Rcugino- I do not no to tho intry and maxim is the pro- gards the cd of the 51 rights of property rifid prlviU'^ici Kuch an UHijue^tionnhly appertained to uuch lands and property, wiieii held nndcr tho Hiime maxim of law in rrance, and which rightH of pro|)erty have always liceii iVeely exiireiscd under the .sanetion of the law and custom of the country, and eonlimted to he so exercine«l up to the present time. T am aware that these harsh proreeding.s and legislation in favor of one elasH only may appear to he so extiaonlinary as to seem «'xageralt(l, and even to creute doubt, but [ appeal to thr thief justice of C'un;:.Ia, sir .lames Stuart, hart., who, I trust, may not yet ha vo left I'hi'jfhind, and who, I am contidi'i\t, will establish to the full cxttfut these facts, and as more clearly detailed in a 8tatt:ment I have tho honor to tran.smit herewith. All that 1 ask niul de.sire is lliat justice bo done, that when I am required to givo up my property and my rights for tlu* public good, I receive a moderate but equitable compensation for that «)f which T am deprived, and that no part of my pro- perty held by myself and my predecessors, under tin; sanction of tho law and custom of the country, and in perfect reliance on tho good faith of tho government and of the Crrv/n, shall now bo confiscated, and I eainestly appeal to tho British government ta prevent this gross injustice and violation of the rights of pniporty. Many years ago, when a bill of the imperial parliament was under consideration for tho pui-pose of settling the question of the tenure of lands in Lower Canada, I had frequent conference with the secretary of the province, then in London, and by desire of the governor gtineral, wl;ose intimacy I had the honor to enjoy, I furnished a variety of information on this and on either subjects connected with Canada, and ray name was at that time sufficiently known at the colonial office, where I was requested to attend while some of those matters were under consideration ; it may, however, now be ne- cessaiy for me to refer to any geiitleman of old standing connected with Lower Canada, or to the present lord Panmure, who is aware of the position I held in that country and in England, to the Hon. admiral Gordon, M. 1'. lor Aberdeenshire. I have, etc., PETER BURNET. The Right Honorable Sir John S. I'akington, Rart., etc., etc., vitc. (Copy.) MEMORANDUM The undersigned having resided for many years in Canada acquu'ed a large extent of property in that colony. One part of this property, as appears by titles registered in the registre d'intendance at Quebec, in the year 1723, is a seigniory granted by the King of France, with the m rights of haute, nioyenne and basse justice, pt^che and chasae, and liable to foi and homage to the Crown. Another part of his property, as appears by titles eniegistered at Quebec in the year 1637, is a free gift and grant, liable to no such conditions, and thiri grant is not a litre do fief et seigneurie, but by the law and nistom of the country, such grants of land, whether made before or since the conquest, have been treated as liable to the seignio- rial tenure, under the maxim of French law, nulle terre sans seigneur. It has been the custom of Lower Canada to concede to censitaires or tenants in per- petuity, the lands in the seigniories liable to very low rents, and to lods et ventes, or a fine of one-twelfth of the value on each mutation of sale, and by an arret of the King of France of 1711, it was rendered compulsatory in the seigniors to concede their lands without requiring any sum of money by reason of the said concession, but by another arr6t of the King of France of the same year and date, 1711, such concessions nndgi-ants are to be made only for actual settlement and improvement ; if the censitiare or tenant did not reside on and improve the lands so conceded within a year and a day, the farm or grant became reunited to the domain of the seignior. The undersigned, and the seigniors generally, have not exacted any sum of money by reason of the concession of their lands, but complaints have been made that there are cases where seigniors have attempted to do so, and although such cases were sought for over the whole space of time since the conquest, are found to have been extremely rare and to have been corrected under the law and custom of the country, a kind of excuse has been given, and as many of the censitaires or tenants have become wealthy in consequence of the very low annual rents they have been subject to, they are now desirous of no longer being held liable to pay to the seignior lods et ventes, or a fine on mutation by sale, and under these circumstances two bills were introduced during the last session of the house of assembly, the one to define certain rights of seigniors and censitaires in Lower Canada, and the other to facilitate the redemption of seigniorial rights, and to convert the tenure of the lands into that of franc roturier, and fixes the indemnity to be given to the seignior as compensation for rents, lods and ventes, and other rights and privileges he is required to surrender and give up. The undersigned, from some experience, and having been a member of the house of assembly for the city of Quebec, is strongly of opinion that the seigniorial tenure is far the most advantageous for the settlement of a new country, and more especially where the inhabitants are habituated thereto; but if a change of tenure be supposed by the legislature to be for the public good, he and many of the seigniors do not complain or remc»nstrate, all they ask or dessire is an equitable, fair and just compensation for that of which they are to be deprived and are rctjuired to surrender and give up, and the object of the present is to shew clearly and beyond all manner of doubt, that many of the provisions of these bills are harsh and unjust towards the eeignior, a violation of the rights of property by arbitrary legislation in fcvor of one class only, and contrary to the welfare of the colony by throwing the whole of the unconceded lands into the handn of land jobbers anu speculators unconditionally. One arrftt of the King of France of the year 1711, for the protection of the censitaires or to fui aitJ hoc in the ml is not a nts of land, lie seignio- mta in per- krentes, or a if the King their lands by another 5 and gi'ants c or tenant a day, the n of money that there vere sought 1 extremely , a kind of e wealthy ley are now or a fine on during the igniors and seigniorial t m for rents, r and give ber of the seigniorial , and more »f tenure be ^ seigniors ir and just ) surrender all manner awards the 'vor of one lole of the lally. One isitaii'CB or 53 tenants is held to bo in force ; while another aiiet of the King of France of the same date, for the protection of the seigniors, is abrogated or rendered unvaihible, und the seigniors are by express legislation to be compelled to grant their imcoucedcd hinds to all persons who may demand of them, and witliout any conditictn or obligation what- soever, as to residence on, or the improvement of the lands, unless such conditions as contained in the original titles of the seignior, and even in that case, the parties who have enfoiiHid the concessit) i to them of such lands, ure to be con-ideied us residing thereon, if they occupy any other land, lot, or emplacement, vvillun a distance of 10 leagues from the lands so c(mceded. It was stated in the house of assembly by the present attorney general that the seigniors who held seigniorii-s « iilir. da haute justice probably enjoyed certain rights and privilege.^ in their quality as higli justiciers and not as seigniors, and that their rights ceased to exist after tlie conque.t when justice became vested in the Crown ; this assertion was, how(!ver, avowedly a mere sjie- culative opinion, and as many of the grants of land in Lower Canada arc not a tltre dc ficf ct sci'^aeuric by the original titles, consecpieiitly those grants, if seiiiiiiories at all, can only be held liable to the seigniorial tenure under the maxim of French law null c tor re sans seigneur, \\\G proprietor of the lands so held is justly and equitably entitled to the rights, privileges and jiroperty, as conferred by the tenure to which it is held to be liable, and not being a hig!i justice, could not })y possibility have lost the rights consetpient on that title. By the preamble of the bill to define the rights of seigniors and censitairc;', it is assumed that certain acts have been done in vio- lation of the conchtions under Avhicli t!io original grants of the seigniories were made ; the arret of the King of France of 1711, in relation to lands in Canada granted as seigniories, and the same powers are to be conferred oa tlie superior court of Lower Canada, as the powers li(;retofore excrcisiKl by the governor and the intendant. Dut several enactments of this bill go far Loyond the dedarutiou in the preamble, and in direct tiu'ms confiscate the pro])erty on the umiavigal)le rivers, and the timber on the lands ; both of which rights and property, inconti'stibly and beyond all m;\:i:ier of doubt, appear to have fornuxl part of the property of the owners of land in France, not grantf.'d as seigniories, but held liable to tlit; seigniorial tenure, under the maxim of French law, nullc trrre sans sciixncur, in the same manner as similar grants of land in Lower Canada have been held liable to the same tenure under sanction of the law and custom of the country. The elfect to rtsult from this legislation palpably is, that practically the proprietors of extensive properties in Lower Canada are held to be liable to the conditions of a certain tenure, but are arbitrarily to be deprived of the rights of property such as hitherto at all times freely exercised muler sanction of the law and custom of the comitry, as conse(|uent on the same tenure, and are not to be compinisated for that of which they are so deprived. That part of the pi'opcrty admitted by these bills to remain vested in the seignior, or persons holding lands under thi; seigni»)rial tenure, is to be estimated, valued and paid for on a change of tenure in a manner utterly contrary to equity and justice, and in favor of one class only. M ^ i I m The compensation thus to be awarded to tlic Keit^nior on a cliangu of tenure in not only rendered rery precarious and uncertain, but lias no direct relation to the actual and i-eal value of the property, Is infinitely less than what was recommended as a ju?tand fair aiTanijement by the Canada commissioners in their general report in 183(5, and is founded on ]uinciples entirely contrary to tlie evidence of the attorney generai Ogden and solicitor general O'Sullisan, as annexed thereto, and to the more equitable manner ofwliich the real value of such scitrniorial property was established in France, when the rcgi)nr feodttl was done away with at the commencement of the Revolution in 1789-90. By the enactments of the bills as now pi-oj)osed in (Canada : 1st. The annual rents nre to be estimated by the })r{\sent rental which is taken to reprefent tlie interest of capital at G per cent, and thus an annual and increasing rent of c£ 12 is taken to represent .£200, which is redeemable at the option of the tenant, but not of the seignior. In France, although the rcgiiiic fioilnl was abolished in revolutionary times, the rents were valued at 20 and 25 years purchase, and thus a rent c€12 per annum would represent >£300 ciipital payable the seignior, a much more (>fpiitable an-angemcnt than that propohcd at the present moment in Canada. 2nd. The /or/.v and rentes, or fine of one twelfth of the real value, payable to the seignior on each mutation by sale, is to bo estimated by taking the receipts of fourteen years, and after deducting the receipts of the two highest and two lowest years, then assuming the average of the remaiTiing ten years as the value of the income of the seignior, and to represent the interest of capital at G per cent, redeemable at the option of the censitaire or tenant, but not of the seignior, and distributed in proportion to the lands of the whole leigniory. This tortuous and confused mode of estimating and valuii'g a revenue derived from so extremely fluctuating and increasing a source as a fine on each mutation by sale, is palpably unjust and a mere lottery, depending entirely on the accidental circumstance of whether large sums have been paid in two, or tlio same amount has been ])aid in three or more years, and a seignior having a seigni attorney general Ogden and solicitor geneial O'Sullivan, as given in their evidence t<> the Cinada coniniis.sioners of 183G. A eeignior, who fi.r ;';e k.-^t fourti'^n yeai's has received of Wv et rente.'!, or fines on Bale3 V/Aliin his t-eitnuury, an amount of t'l.GOO in four payments, would have an I 55 average annual income of about .€115 per unmim, whiclj by this arbitrary and oppress- ive plan of estimation :ind vulnntioti would be reduced to about c£80 per annum, by i deducting the two liiglie.-t yearci, and which sum of" £80 per annum being taken as \ rej^rcsenting the interest of c;ipital at G per cent, would nniount to about <£1,32'3, while the average income actually received by the seignior of ^£115 per annum, from a f^ourco of vastly i-.,.,'ea.sing value, taken at Bomething more near to its actual value and real value anda.^ representing the interest of capital at 4 per cent, would amount to a1x)Ut >£2,S75. considerably more than double the compensation as proposed to be awarded to the seignior. In a note attachi'd to the general report of the Canada commissioners of 1836, it is suggested that, on a change of 1 enure whei-e voluntary on the part of the cen:>itaire, in no case ought the conmiutation fine to be less than one ordinary fine or lorh ct nntat ; on the conti'ary it ought to exceed the amount f)f such fine by the present value of all the reversionary fines to which, if the te;iurc remained unaltered, the land will be subject, and that taking in consideration all tlie circumstances, it perhaps may be found that in voluntary comnmtiitions of one-tenth of ll.'e pctual value of the property will be sufficient compei'sation to the seignior foi tlie riglits which lie sui renders ; but tliatin this allowance no estimation is made for rents or any other feudal bnvllu'ns lu'vond lods et ventcs, and that the riMit; may be easily calculated and redeemed at so mr.ny years purchase, or tlx . -'Mfrht be left as a charge on the property. By this calculation, how- ever, the amo'.u.. . ,. . piiJd to the seignior is avowedly decreased imder the supposi- tion that, asia?i' ,, anted as seigniories with t1(! lights of /^r/?/^r/ers of huge grants ofi^inu net grai'.ted a fifre deji fscignetir, but held to l)e liable to the seiirniorinl tenure luidcu- the maxim : miile ferrc sans seiynenr, have hithe.to held and exercised the right of properly in the timber on the lands and control thereover, as completely and entirely as in and over any other prf>perty or real estate whatsoever; this property is nevi-rtheless to be confiscated to tlie seignior or the 50 ' pro;-netor. The timber on the uncoiicoded lp.:ids of the seigniories in France, appears not only to have beco considered of a domaiMi'i nature, but when »indcr les ordonnances des I'd li.c ffj^^rets of 1GG9, which continued in force 1792. Timber was taken for the royal navy, llin .seigniors were paid the value of the timber so taken, and it seems quite incontestable and beyond all manner of doubt that, where propcity was held to be seigniorial under the maxim : n>t//c tenc sann seigneur, the right of jiroperty in the timber on the lands was just as entirely and completely vested in the proprietor of the lands as the light of property in any other immoveable or real estate whatsoever. 4th. By these bills the seigniors in ( lada are deprived of the control over unna- vigablc rivers, within their seigniories, and of the projjerty in the beds of such rivers, thus summarily and arbitrarily interfering with the rights of property, and assuming as a fact and legislating on, that whidi is not only very doubtful, but has created so much difficulty as not to be settled in France up to the present time ; and while this enactment is to take place in Canada, irnm the avowed reason that possibly those seigniors who were high justices in Canada, luld some of their rights and privileges as high justices and not as seigniors, yet the same enaftinents are rendered applicable to lands and rivers held under the m:ixim of law }n(/Ic tcrrc sdii^ sciixnrur whvvo the seignior.^ or ])r()prietors were not high justiciars, (uid under which tenuie, in France, all such property apj)cars beyond all miuuier of doubt to have been held as fully and entirely as any other property or imniovi-able whatever. 5th. The undei-signed and his j)redcccssor.s have erected extensive and valuable sawmills, and under sanction of the law and custom of the country have at all times freely exercised the right of property in the timber on his seigniory and lands, but by the enactm-aits of these bills the seignior or pro])riitor is deprived of the right of pro- perty in tl.e limber on Lis Feismiory and lands, and consequently those eMt'Usive and valuable saw mills v, ill in fact virtually be confiscated. The anvt of the King of France of 1711, for the protection of the seignior, and to enforce the actual settlement and improvement of tlie country, beiog abrogated, or set aside by those bills, and the granting unrondi 'onally of the unccmceded lands to all wlio may demnnd of them rendered obligntory on tie seignior, it inevital>ly folious that land jobbers and specu- lators are to be empoW( rod t(j detnand the conces:.ion to them (»f the whole of the lands on which there is tiniher, and without any iiitention of the iin]>rovement or settlement of those lands, but for the express pm-pose of cutting a^id selling the timber, leaving the lands denuded and waste, and this dettniorated, no longer in a fit state to be con- ceded for actiuil settlement and improvement, and the seignior without any recourse whatsoever, unless that of resinning the limds after the whole of the timber has been cut and carried oil". (Signed,) PETER BURNET. Nice, Italy, 4i>ril, 1852. iV. x?. — Tiic doa rum's xddch fi>Uow the ahovc arc tnuitfed lirrc, heinfr nJ ready tK^icrtcd, as ]})iU/shcd /n/ o.dcr of tltv Lr^islalivc Council, at the coin mcncaucnt nf the foregoiffg Correspondence between the Colonial Office and the Governors of Canada, relative to the Seigniorial and Feudal Tenure. (tr.vnslai.ion.) EXTRACT From the Register of Aicarth (ArrSts) of the Military Council of Montreal, and Ordinance of His Eoxellency the Govertior, Thomas Gage. Council composed of Colonel Haldimano, the Baron de Munster, PasTdT and Wharton, Captains. — Held on the 20th April, 1762. Between the sionr .Tcnn Rnptistc Lc Due, seignior of Isle Pcrrot, appellant, from the sentence of the Militia Court {Cluimbre cles Milices) of Pointe-Claire, of the fifteenth Marcli last, of tlie one j)art, And Joseph Ilunaut, an inhabitant of Isle Pcrrot aforesaid, defendant in appeal of tlie Dtlicr ])art. Having seen the sentence appealed from, ])y which the ..aid sieur Le Due is adjudged to rcciive in future the rents of the hnid which the defendant holds in his seigniory at the rate of tliiity sous a-year and half a iuinot of wheat, inasmuch as the court could not amend iuiy of tlie clauses contai icd in the deed of concession executed belbrc Maltve Lepailh>ur, notary, on the oth August, 1718; th 3 petition of appeal presented to tMs (council by the said sieur Le l^uc tlie ap})e11ant, answered on tlio I'Jth IMarch hist, and notified on the 3rd inst" ": ; a wiitten defense furnished by the defendant, and the deed of concession refeiTod to ; and having heard the parties : The Cotnicil, convinced that the clause inserted in the said deed, by which the lessee (^ivencur) is charged with the annual payment t)f half a minot of wheat and ton sous for each arpciit, i ~ an erriu' of the notary, the imial rate at scinch' lands are granted in. tliis country /ici/isi one sou for mch arjicnt in siqierficies and half a ininot of trlicat for each arpent in front ivy twenty in depth, oi'ders that in future tne rents of the laud in (puvstion shall be paid at the rate of llfty-four sotis in money and a minot and a iialf of wheat a-year. Ea;h party to bear his own costs. (Signed) PANET, Clerk '0 ! MEMORANDUM Relating to the Documents on the Seigniorial Tenure printed in pursuance of an Address of the Legislative Assembly, session o/" 1851. The first Volume contains the titles of the Concessions en fief, etc., extracted from the Intendants' Books and Registers, as well as of the Concessions d litre de cens et rentes. Several titles are repeated in the French of this volume, in consequence of the registers from which they are extracted sometimes containing two titles for the same Iraci of land, the one dated at Montreal and the other at Quebec, and because it waa found necessary to employ several copiers on different registers containing the same titles, and there was no time to compare the several copies, which were immediately put into the hands of the printer. These duplicates df 'ot exist in the English version. The second Volume contains the Edicts, Ordinances and Decrees (Arrets) relating to the Seigniorial Tenure. The third Volume contains an Extract from the Proceedings of a Committe of Council, relating to a change of Tenure in the Province of Quebec, in 1790, and the Report of the Commissioners appointed on the Seigniorial Tenure agreeably to an Address of the Legislative Assembly of the 7th September, 1841. The fourth Volume contains the Correspondence between ti 3 French Government and the Governors and Intendants of Canada, relative to the Seigniorial Tenure, as obtained from the Archives of the Naval and Colonial Department at Paris, through Mr. Faribault, during his mission to Europe in 1851, a part of which is also inserted at the end of the third Volume ; the Correspondence betw^een the Colonial Office and the Governors of Canada relative to the Seigniorial and Feudal Tenure, laid before the Legislative Council and Legislative Assembly, pursuant to Special Addresses to that effect ; and a Decision given in appeal before the Military Council of Montreal, on the 20th April, 1762, in a cause rehating to certain Seigniorial Rights which the Sieur Joan-Baptiste Le Due, Seignior of Isle Perrot, claimed to be due to him by one Joseph Hunault, an inhabitant of the said place. This last document was not found till quite recently. ml