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Les diagrammes suivants illustrent la methods. 1 2 3 1 2 3 4 5 6 THE NOVA SCOTIA QUESTION, l.V CONNKCTION WFTH TIIK RELIEF OF HIGHLAND & OTHER DESTITUTION, liY THE SYSTEMATIC PLANTATION OF NEW BRUNSWICK. « A Work whereof Wo recommend the care to you, aa a matter importing specially Our honour, and (ho eomiof that our ancient Klngdom."-i.«.r /«.«. A7,., Vl,a,-lcs I. to ,he F.-iv,j Council of .^cotU.ul. I'M Juty, ■'Yours is a grand, a glorious project. Its influence extends over a vast space, both in the Old World and .n the ^ew. It must affect the destinies of hundreds of thousands of human beings, not only now, but for ages yet to come. It is a giant labour, bringing care, anxiety, and toil , but an ardent mind like yours will be cheered on m its onward course, by the high feeling which the consciousness of a groat duty performed and the bright gleam of hope that ultimate success will crown your indomitable efforts, cannot fail to bring' 1 shall anxiously look for intelligence of tho progress of that course your spirit-stirring Appeal suggest, to' all wiileh is high and exoellent in the land,. When the anqiont ardour of the Xobles of tho North shall rally round tho Standard you have raised, to assert their feudal dignities and territorial rights, may God grant every success to their united e«orXB.--Lctteir fro,n lh.taU Ho:x. Sir mUiam HiUarv. Bart. O C.J.J to «« Hon fir Richard Bfoun, Bart., Dee. 1844. GLASGOW: PRINTED BY JAMES UEDDERWICK &, SOX, Printers to Her Majesty, 1847. COMMITTEE OF THE I3atonet0 of ^cotlantr atnU jlolia S(<)tta> FOR NOVA SCOTIA RIGHTS. Appointed by a General Meeting of the Order, held at Edinburgh on the 7th of November, 1844. Tlio Honourable The Honourable The Honourable The Honourabln The Honourable The Honourable The Honourable The Honourable The ilonourable The Honourable The Honourable The Honourable The Honourable The Honourable The Honourable The Honournble SIR WILLIAM GORDON, Premier JJaronef. SIR WILLIAM BACON JOilNSTOV, IJart. SIR ROBERT MURRAY, Bart. SIR WILLIAM ALEXANDER MAXWELL, Bart. SIR JOHN CAMPBELL, Bart. SIR FITZROY J. G. MACLEAN, Bart. SIR CHARLES SLINGSBY, Bart. SIR ROBERT MENZIES, Bart. SIR ROBERT K. DICK CUNYNGHAM, Bart. SIR JOHN MAXWELL, Bart. SIR JOHN PRINGLE, Bart. SIR WILLIAM C. SETON, Bart. SIR RICHARD BROUN, Bart. SIR JAMES STUART, Bart. SIR JAMES J. R. MACKENZIE. Burt. SIR ALE ANDER REID, Bart. %tiv. Setrrtarp. The Honourable SIR RICHARD BROUN, Kt and Bart. K.C.J. iSanbers<. The BANK OF SCOTLAND, Eilittburgh. THE NOVA SCOTIA QUESTION, ike. ' rursevere for tlie furtherance of this Uoyal Work— the piniitntiuii of Novii Scotia— thut it may be bnnight to u full perfection." — Kiiig Jama J.'a injunction to the I'nvy C'ouHoU of Hcottand, from his death-hed, 2M March, 1025. The Nova Scotia Question has now been in progress for ten years. It was raised by proceedings adopted at a General Meeting of the Ba- ronets of Scotland and Nova Scotia, held at Edinburgh on tlie 21st of October, 1836. It contemplates the revival of the territorial rights and objects of the Order in British North America; and is the most im- portant one, both for the Mother Country and the Colonies concerned, which has arisen since the period of the Union. The Royal Province of Nova Scotia, or New Scotland, comprehends all British North America now lying south of the river St. Lawrence, viz. Nova Scotia, New Brunswick, Gaspe, Prince Edward Island, Cape Bre- ton, &c. These magnificent possessions, amounting in the whole to up- wards of 70,580 square miles, more tnan twice the extent of Scotland, were annexed by James I. in 1624 to the Kingdom of Scotland, and form an integral part and portion of it. The charters incorporating the two countries were twice ratified by Acts of the Scottish Parliament; and they are rendered indefeasible by the Treaty of Union between England and Scotland, in 1707. The reason for thus uniting Scotland and Nova Scotia, is stated in a letter addressed by Charles I. to the Baronets, on the 15th of August, 1632, viz. " It emanated from Our late dear Father's royal care for the Honour and Weal op his Ancient Kingdom, that the use of the dominion of New Scotland might arise to the benefit of that Kingdom." In the preamble to the grants of King James I. it is dis- tinctly set forth, that they were made for the purpose of promoting " the opulence, prosperitv, and peace" of th§ Mother Country and the Colony. That Monarch farther speaks of the plantation of Nova Scotia, in his letters to the Privy Council of Scotland, as " a noble purpose, where- by both the Baronets in particular, and the whole Nation gener- ally, would have honour and profit." And as "a great work both for the good of the Kingdom in general, and for the particular interest of every Baronet." The Order of Baronets of Scotland is not a mere honorary institution, but an Hereditary Estate having powers and functions greater even than those possessed by the Peerage; and the revival of the territorial rights and social objects of the Baronetage, is not only a Baronets' Question — a question concerning the family rights and prerogatives of one hundred and fifty noble individuals — but it is a Scottish Question, which concerns the hearth-seats and domestic interests of every subject of the Scottish Crown, wheresoever domiciled. The territorial rights in Nova Scotia vested in the Baronetage by Crown Charters and Acts of Parliument, extend, in all, to 2,400,000 acres, being 10,000 acres for each member. One hundred and eleven of tliese grants were actually assigned to the f' -st-created Baronets — each being not only defined by methes and l)ounds, but likewise erected into a Free Barony and Regality. The other thirty-nino grants were not given, because of the intervention of the ('ivil Wars. But it is a compart between the Crown and the State in Scotland, that no Baronet should ever bo created in Scotland except for the express purpose of promoting the plantation of New Scotland; and that each shall have the stipulated territorial qualification of 10,000 acres, the same to be held of the Scottish Crown as a Free Barony and Regality. I'urther, each Baronet on his creation paid a quota of 3000 merks — no small sum two centuries ago — to the national treasury, in consideration of his admission into the Order. And the Patent of every Baronet created down to the Union, gives to him and his heirs male, every right, property, immunity, liberty, and preroga- tive whatsoever, that is or may be enjoyed by the senior Baronets, under whatsoever law, constitution, or ordinance constituting the Baronetage. And these rights are not territorial alone, but political likewise. The Baronetage of Scotland is in fact the Peerage of New Scotland. Every Baronet, in virtue of his Barony and Regality, enjoys hereditary seat and voice in all the Legislative Assemblies of the Provmce. The seignorial privileges possessed by each Baronet within his 10,000 acres — a territory sufficiently large to make several parishes — are such as the words a Barony and Regality mnplied under the feudal system. The rights, therefore, of the Body, taken collectively, are such as no Order of nobility ever enjoyed, in any kingdom or nation, from the beginning of the world downwards. Nor does the revival of these lights hinge upon matter of opinion, upon what the Government may think of the subject on the one hand, or what the public, or individuals, may think of it on the other. Their revival is grounded ON LAW, and can, further, be advocated upon every principle of justice, of ti'uth, of propriety, of humanity, of policy. The Kings who conferred them lay it down in their charters " that no lapse of time, non- user, prescription, nor any adverse circumstance whatsover, shall bar the functions and hereditaments which they bestow." And why? Because the peaceable exercise of the same by the Order, is, in every age and gene- ration, to be held as " a purpose highly concerning the Sovereign's honour and the good and credit of this ancient Kingdom." There is no man, then, true to the interests of the Scottish Monarchy — there is no liege-subject of the Scottish Realm, faithful to the common birthrights of his race — who can feel indifferent or hostile to the question of their restitution. The Baronet, in especial, who shall turn his back on this cause, under the pre- sent exigent and calamitous posture of affairs, must be regarded by the universal British public, as lost to every high and just perception of his duty to his Order, his Family, and his Country. Neither is the revival of the rights and prerogatives of the Baronets to be regarded only in a political aspect. Consider the immense patronage which they would place at the disposal of the Baronets. At the present moment, the difciculty of finding openings for the junior membei-s of good families is found insuperable. It is an error to suppose that the syste- matic plantation of 2^ million acres of land, would open a door of re- lief only for the unemployed and distressed among the lower orders. To elevate indeed the lowest platform of humanity — the platform of humble life — is the best object this side of death, to which either patriot or phil- anthropist can consecrate their labours. But let it not be forgot that Sir Robert Peel, four years ago, stated in his place in Parliament the melan- choly fact, that since his then recent accession to office he had received no less than 23,000 applications from distressed gentlemen in need of sitiuvtions. Can those men of quality, education, and honour, who have their bread to earn, or the junior branches of the Scottish Aristocracy, to find any nobler or more useful occupation than that of laying in Nova ►Scotia thu ibundations of a great nionardiical nation? — of presiding over clannish or family settlements, laid in the humanities of virtue, wisdom, integrity, and patriotism — settlements which shall stand as a niem«)rial to the latest ages of the enterprise, religion, and learning of Old Scotia in her best and most glorious days? And what imperative necessity exists also for rapidly settling New Scot- land on such prmciplea as these, co-ternnnous as that noble Colony lies to a revolted State, which is pledged to the proniotion in general of repub- lican ideas throughout the world, but to the extirpation in particular of every power or institute of royal origin on the American continent ! Nova Scotia is the key by which Great Britain can open or shut the conunerco of the Gulf of St. Lawrence on the one hand, and that of the 15ay of Fundy on the other. What an heirdom is it then for the Families of the Scottish Baronetage, that they should plant the Standard of the Order on the nascent towers and citadels of that Province, which nuist ever be the Aux liT DoMiCJLlUM of British power and enterprise in the Western Hemisphere! Nor is there any difficulty in dealing with the claims of the Baronets on the ground of their magnitude. Of the 111 grants made by King Charles I. but an inconsiderable number out of the whole are located; but had they all been settled, there still exists in New Brunswick 12,271,031 acres of land vacant and at the disposal of the local Govern- ment. Less than one-fourth of this will sutKce to quiet the claims of the Order. Nor is there any disposition on the part of the Lieutenant-Gover- nor of Ne v Brunswick, or his Legislative Council, to opjtose the wishes of the Baronets. On the contrary, they and the whole inhabitants of the Province, are sensible of the vast advantages, moral, social, political, and commercial, which would accrue to New Brunswick oy placing a portion of its soil in the hands of so powerful and wealthy a branch of the ancient nobility of their Fatherland. Whilst in New Scotland, taken collectively, there are upwards of 20,000,000 acres of soil capable of producing all species of gratn, ecjual in quality to any raised in the Lothians, it is calculated tliat our yearly nionied banking power in Scotland is not less than Forty Millions, and that our distressed redundant population amounts to 250,000 souls. Here then are the elements for a golden Kule of Three, by which to rectify the main evils in the Home Condition Question. And now is the time for a CuusADE op Peace in the Western World, and congregating under the Banners of the Baronets, all in the United Kingdom who consider that Systematic Emigration and Colonization' is the only ettectual outlet for the national distress. Three circumstances conspire to make the present moment more than ordinarily propitious for a revival of the rights and objects of the Scottish Baronetage. First, the formation of the projected Railway from Halifax to Quebec; second, the action which the recent Free-Trade Measure will have on the British North American Colonies; and third, the recurrence within the course of ten years, of a second Famine Visitation in the High- lands and Western Isles of Scotland. I. The magnificent project of connecting the cities of Halifax and Quebec by a Hne of railway communication, was set on foot in June 1845, by Mr. Bridges, the Hon. Sir Richard Broun, Bart. Mr. Valentine, and others; and between that date and the present time the undertaking has been so far advanced as is implied, — 1st, by the Lieutenant-Governors of Nova Scotia and New Brunswick, and the Governor-General of Canada, having severally promised, in reply to the memorials of the Projectors, to do everything in their power to forward their views; 2d, by the forma- tion at Halifax, St. John, and Quebec, of Conunittees of correspondence 6 nnd co-operation, comprising about 200 of their moat influentlul inhabi- tants; 3d, by the provincial Legislative Assemblies having each unani- mously passed ; ^solutions in favour of the Railway; 4th, by the collection of much imj)ortant statistical information on the subject, showing both its practicability, and that it will prove a lucrative investment for capital; and finally, by the Home Government having directed a survey of the lino to be made, which is now going on. Earl Grey, since his accession to office, has communicated to the Promoters " that ller Majesty's Ministers will be anxious to give the Railway all the support in their power;" and it is farther understood they will aid the Company now forUiing to coa- Btruct it, by giving £1,000,000 sterling in money, and three million acres of land. The line will open up 300 miles of vacant territory in New Brunswick for settlement. It will bind into one the three British North American Provinces, — unite the capitals of Canada and Scotland by a ten days' intercourse, — consolidate British power in our transatlantic empire, — give a vast impulse to systematic Colonization. — and solve many of those problems connected with })opulation, which form the main difficulty of the ago in which we live. II. The operation of the recent Free-Trade Measure, by destroying that which forms tiie principle of Colonies, viz. protection, must necessarily hasten the time when Old Scotland and New Scotland will have to be con- sidered as ONE INTEGUAL STATE, with only a broader stream between them than that which divides the Lothi/ms and Fife. When that day comes, and every effort must be made to accelerate its arrival, Emigration will lose the hated characteristics of expatriation, and our North American Colonies cease to be mere receptacles for the poverty, the ignorance, the idleness, and the vice of the mother country. New Brunswick, with a total area of 18,907,300 acres of as fertile soil as any in the globe, has hitherto been so colonised that in 44 years her population has increased only from 27,000 souls to something less than 200,000; this, too, whilst during the last 10 years 850,392 British emigrants have crossed the Atlantic, most of them to find domiciles under a Republican flag! This system must be changed, and society diff'used over the face OV Scotland in both hemispheres. New Brunswick, in especial, must be made the granary of Great Britain, and a market for our surplus manufacturing produce. The United States now raise yearly agricultural produce to the value of £130,000,000 ster- ling. Can Manchester, Glasgow, and our other power-loom cities stand in competition with a nation growing its own cotton, and corn besides of the annual value of 130 millions? No, we must balance consumption and production by raising the standard of our poorer fellow-creatures. And the noblest and most enduring market that British manufacturers and traders will ever find, within the compass of the globe, will be that which Free-Trade will compel us to create in our North American domin- ions, by peopling them with our own redundant flesh and blood, in such a way — such a well regulated systematic way — as humanity, patriotism, and Christianity enjoin. III. The recurrence within ten years of a second Famine Visitation in the Highlands and Isles of Scotland, cannot but lead to a national con- federation, for the purpose of making the New World the theatre of a mighty practical operation for the general and permanent remedy of those evils in population which afllict the Old. The appalling state of destitu- tion to which 186,000 of our fellow-subjects in the North were reduced in 1837, led to a begging expedition into England — to the formation of a multitude of relief boards — to the appointment of a Committee of the House of Commons for inquiry — and to the adoption, by public meetings, of various resolutions, memorials, and appeals. But only one man — Sir Richard Broun — was found in Scotland, who devised the sure and efficacious remedy of an organised Association, for the carrying out in '•' i ■| Novft 8cotia (thjocts siiniliir to those for wliich the Haronptago was erected, luoro than 200 years ago. His manifold hil)ourH in this cause, from 1830 to 1842, were, howovor, in the autumn of the latter year, rendered nu- gatory; and an institution which united the wealth, inHuenco, and intel- ligence of fiflcon Peers, thirty-eight Haronots, the Lord I'rovosis (tf Ed- inburgh and (Jlasgow, and several other eminent individuals, w.is dcs- troyed, whilst yet in an incipient state, hy misconduct on the part of Lord Stanley, then Colonial Minister, Sir ,Tohn Pirie, Lord Mayor of London, and others. Since then, we have had three visitations: Frkr- Traue Delusion, scattering seeds which, if left untended, will shortly spring up in worse forms than "armed hands;" — R\ilway Mania, smit- ing the inordinate lust that actuates the money-mongering classes; — atid Corn -Law Repeal, breaking in upon the apathy that congeals •"''o Landed Aristocracy. If we are to lay these startling lessons aright to he;irt, wo will see that Providence is shutting us up to that course by which we shall substitute the concpiests of I'eace for the trophies of War, by adding new regions, not to the blood-stained car of some selfish despot, but to the hearth-seats and the uses of the British Family. Wo have masses of starving compatriots in different districts of Scotland, Eng- land, and Ireland, far outnumbering the three armies at Waterloo; and now is the time for another sort of rivalry than the battles of the senate or the field. In Ireland, £8,000,000 of money, and 130 work-houses, is the penalty superadded to the Famine and the Pestilence which there de- vastates the people. Shall we, in Scotland, wait the recurrence of a third Visitation? or shall we now, by a general movement, enlarge our borders, by diffusing our population over our majestic outlying confines? It will be found the truest policy to husband our internal and draw out our ex- ternal resources. "Bo fruitful and multiply — replenish the earth and subdue it," was the blessing breathed upon our race in Paradise. But hitherto we have made the blessing a curse, by obeying the first portion of the command, and disobeying the second! It is, h. wever, to be hoped that the times of social ignorance and dis- honour will now rapidly disappear, and that the trance of expectation, which of late has pervaded the political mind of the country, will be made available by those who would train opportunity to bring forth its best fruits, and mark their own names on the glory of the better era to arise. We shall shortly then hope to see 2.^ million acres of the soil of New Bruns- wick, in localities near to the proposed line of Railway, placed in the hands of the Baronets of Scotland. We shall also hope to see founded ere long, in that Province, somewhere on the banks of the Miramichi, a great cen- tral City, to be called Jamestown Royal, in honour of the projector of the Baronetage. And further, we shall hope to see in that noble mo- narchical Colony, 150 Baronies and Regalities, peopled with the clansmen and tenantry of the Baronets — 150 Mansions of Chiefs, each the seat of hospitality and domestic virtue — 150 Churches administering to the spiritual wants of the community — 150 Schools for the gratuitous educa- tion of youth — 150 Hospitals for the relief of sickness and the solacement of age. When that day comes, the Baronetage of Scotland and Nova Scotia will be a state institute twice blessed — blessing both the Mother Country and the Colony ; and then its members will truly illustrate their rank, and establish theniselves to bo, what the Royal author of their family honours intended, the Hiaii Stew^ards of Scotland in things that will concern the grandeur, and the welfare, and the industry, and the peace, and the wealth, and the happiness of the Nation, on either side of the Atlantic, to the end of time. Glasgow, Mav, 1847. SUMMAKY OF CIIAllTKIlS, DOCTIMENTS, &ci. I iMis WHICH Tiir. rr.AiMH OK TIIK IIAROMITS 10 LANDS AM» KKUllS IN NOVA SCOTIA ARK KOrNDED. I. Tho Charter of Jamc» I., 10th Siyilllam III. In 1098, to tho I'romlor Uuronot, thus ro- cognising the vuUdlty of his ancestor's Charter of 1025. VII. Numerous Uoyal Letters, Warrants, and Proclamations connected with the erection of tho Uaronetugi VIII. Tho Treaty of Union in 1707, which piovldes that no alteration shall bo made In tho Laws which concern private rights then subsisting In any class of the subjects within Scotland, IX. The Treaty of Utrecht In 1713, and tho Treaty of Paris In 17CH, when Nova Scotia was finally restored to Great IJrltaln, and tho rights of the Baronets revived jure post- liminil. X. Tlie various stops and proceedings taken by the Baronets in 1773, 1777, 1783, and 1830, to keep allvo their rights. • LEGAL OPINIONS. First, By Geohoe Bowyeb, Esq, of tho Temple, Doctor of Civil Laws, «tc. llth Nov. 1844. " I iiave rend the Report of tlio proceedings of tlio Dnronots of Scotland with much intoreit, nnd iruat tliey will go on vigorouily in tho undertaking no justly commenced. I cannot conccivo what pretence the (lovornment can have lor refusing to abide by tho Charters of the Nova Scotia Baronets, which ap|)oar to me unimpeachable in point of Law. I do not see that tho losf; of tho Province by war can have extinguished the rights of tho claimants. I think that by the recopture of tho Province their rights were revived }iir« I'oaltimlnii t and I cannot understand how it Is poaulblo for the Treaty of Paris, In 176.% to affect them." f-'ccond. By T. Chisiiolme Anstet, Esq. of the Chancery Bar, Professor of Jurisprudence,