6-7 EDWARD VII., A. 1907 that far from experiencing these beneficial results, we have experienced the opposite in every case. For on the one hand, the causes which we have been obliged to transfer to Montreal, or to Quebec, have, between the time consumed in travelling, the often useless sojourn which we could not avoid making in these places, the expenses incident to our life there, the cost of our witnesses and of the legal notices, and the fees of the lawyers, which were necessarily repeated for the smallest reason, or on each fresh motion,partly ruined us, and forced us to the painful sacrifice of our possessions and our rights. We have not been any more fortunate in the results of the Circuit Court established by the Ordinance. For the causes within its cognizance, although of moderate importance, being as much affected by disputed points, proofs, and incidents as those within the cognizance of the Courts of Quebec and Montreal, were rarely judged on their first motion, and their consequent postponement to future circuits was an inconvenience all the more unfortunate, because independently of the almost certain loss of the first costs, it often happened that the debtor, either became or died insolvent, or else, encouraged by the lapse of time, was confirmed in his dishonesty, or changed his residence, and carried away with him the property of a legitimate creditor. We have not been more fortunate in matters which concern the public peace, for the Commissioners have only power to issue writs, and, in default of bail, to have malefactors taken to prison either in Quebec or Montreal. And the offended party is compelled to go and plead in one or other of these two courts, and to take his witnesses there, thus causing immense expense, which the offending party is often unable to pay, so that the offended party loses his advance money and the cost of his witnesses, or else he is obliged to let the matter drop. The latter often happens in this place. For the remedying of so many evils, we entreat Your Lordship and Your Honourable Council, to grant us the most humble petitions hereafter set forth 1st That the Government of Three Rivers be divided as it was heretofore, that is to say on the north side from St. Anne, inclusive, to L'Ormière inclusive; and on the south side from St. Pierre le Bequet inclusive to Yamaska inclusive. 2. That a Civil Court be established in this town, authorized to take Cognizance of matters concerning our properties, and matters concerning debts. The judgments of which Court shall (in case of Appeal) come before Your Lordship and Your Honourable Council. 3. A civil prison for the detention of all malefactors. As this prison would be in the centre of the Province, only good results could follow for the two other governments; For people who desert from their masters, who steal, or commit other crimes must necessarily pass through this place either in going or coming. Without this prison, no one would be in a hurry to arrest them to take them to the prisons either of Quebec or, Montreal. And that His Honour, the Chief Judge of this Province shall judge the prisoners who shall be found confined in the said prison, when he goes to hold the Court of King's Bench at Montreal 4. A sufficient number of Commissioners of the Peace to hold a Quarterly Court of Session, in order to conclude affairs of Assault and Battery, without being obliged to go to Quebec, or to Montreal, which occasions considerable expense, as we have before remarked, with powers to make Regulations for good order, and for the police, both in the Town and in the Government of Three Rivers, and with power to impose fines on those who shall infringe the said Regulations. This point having been neglected since the Ordinance of 1770, it follows, that everyone is his own master, and does what he chooses, without any fear of punishment, unless justice is sought either in Quebec, or Montreal, in which places, matters have no longer the same appearance, as they would have, if Cognizance were taken of them on the spot, for everyone gives witness to his own profit, whether true or false 5. A public Market in the Town of Three Rivers, to which the inhabitants of that government shall be compelled to carry their wares, to prevent the monopoly which many persons appropriate, by accepting the wares, and selling them again at more than a fair profit. SESSIONAL PAPER No. 18 6. A Police Commissioner, who shall have the inspection of the Market, of the weights and measures which shall be used there, of the thoroughfares, and other necessities according to the exigencies of the case, and who shall especially enforce the observance of the Ordinances of this province. 7. That the Trade of River St Maurice shall be free to the Tradespeople of this place only, to the exclusion of all others; seeing that it is the only place in this Province from which furs are procured, and this is the principal branch of commerce. The Merchants of Quebec, and Montreal have much more desirable stations where they can make their bargains 8. A public School, on the same footing and with the same privileges aud rights as those which shall be established in Quebec and Montreal And lastly the Protection of Your Lordship and of his Honourable Council in all unforeseen cases. We trust by all these measures to see Our Government, Commerce Agriculture, and all the arts in general flourish once more. We close our respectful petitions with the indisputable assertion that the Administration of a Justice which shall be Accessible, ready to hand, and in proper relation to the manners, customs and usages of the places Governed, will inspire the people who inhabit them with Love, Veneration, Obedience and Devotion to their Prince, duties which are forever inseparable from Your Petitioners who anticipating Your Lordship's Favours, and the spirit of wisdom of Your Honourable Council, hope from the same, the favourable reception of their requests. We the Commissioners of the Peace, and Notaries undersigned, certify that the names written above and on the other side, have been signed in our presence, and by mutual consent. In witness whereof at Three Rivers the 26th December 1786. D. REPORT OF THE COMMITTEE OF THE COUNCIL UPON POPULATION, AGRICULTURE AND THE SETTLEMENT OF THE CROWN LANDS.1 Page 499 to 509 510 to 518. 519 to 521 INDEX. The Report of the Committee (639) Letter from the Magistrates at Cataraqui to Sir John Johnson Baronet (642) Letter from the Magistrates at New Oswegatchie to Sir John Johnson (645) 522 to 523 Information communicated by John Collins Esq Deputy Surveyor General of Lands concerning the raising of Hemp & Flax in the New Settlements. 524 to 533 Referred to in the report of the Committee of the Council upon REPORT OF THE COMMITTEE. To His Excellency The Right Honorable Guy, Lord Dorchester, Captain May it Please Your Excellency, Whereas Your Excellency by your order in Council of the 6th of November last, was pleased to appoint us a Committee, for taking into consideration the several Objects. 1 Canadian Archives, Q 27-2, p. 497. The members appointed to this Committee were Messrs. De Lery, De Longueuil, Holland, Davidson, Boucherville, and Sir John Johnson. See p. 591. The index will indicate the subjects covered by this Report, but, as in the case of the other reports, only those portions relating to the system of law or government of the Province are here reproduced. The pages given to the left of the index refer to the copy in the Canadian Archives; those given in brackets to the right of the titles refer to this volume. 2 Canadian Archives, Q 27-2, p. 499. 6-7 EDWARD VII., A. 1907 of Population, Agriculture and the Settlement of the Kings Lands; and to direct, that we should report thereupon with all Convenient Dispatch. In humble Obedience to your Commands We have the Honor to report, that we have considered attentively, and by our Inquiries have collected some useful information upon, the several Objects recommended to us; The Result of which we lay before Your Excellency under their Different heads. First With regard to Population 524 to 533 We conceive that the most necessary and effectual mean, both of preserving the Lives of His Majesty's subjects, and advancing Population, is that of regulating Systematically the practice of Physic, Surgery and Midwifery throught the Prod. See Page vince.-The reflections" of Mr. James Fisher, Surgeon to the Garrison of Quebec, marked N° 4 and those of Mr. Charles Blake, Surgeon at Montreal N° 11 seem to merit the Attention of the Legislature; inasmuch, at least as they point out a mode by which an object so important to the State, and so interesting to humanity, may be promoted. b Page 534 to 538 To these therefore, as well as to the Papers marked-N° 1. 2. 5. 7. 8. 9 & 10 We beg leave to refer your Excellency. Secondly Concerning Agriculture. It is apprehended that nothing can more effectually Animate the Canadian Farmers to the Advancement of Agriculture than the Revival of the Antient Laws and Usages of the province. They are briefly recited in the said Paper. No. 1. Article 25. And Thirdly. With respect to the Settlement of the Kings Lands. We have searched the Council Office for the Applications or Petitions for Lands, remaining of record there; and We have caused a List of them to be made out, to which we refer, marked N° 18. c. Page 510 to 518 d Page 519 to 521 The Loyalists, who have settled themselves above Montreal have transmitted to us certain Papers marked N° 13° & 14, in which they intimate their wishes and Desires, that the Lands on which they are settled, should be granted to them under a different Tenure from that Signified in His Majestys Instructions. But we are of opinion that the terms and Conditions specified in the Instructions are fit to be adopted. We humbly submit these matters to Your Lordships superior Wisdom; and we have the Honour to be, with profound respect Your Lordships most obedient and most humble Servants Committee Chamber 20th January 1787 j At the Committee Chamber the 13th of February 1787. Longueuil Boucherville John Johnson. Your Excellency having been pleased to refer back to us the foregoing Report in order that Sir John Johnson's Dissent from a part thereof (Which Dissent Accompanied the Report, but wherein no Express Reference was made to such Dissent as making part of it) We have in Addition to the above humbly to report to your Lordship that the said Dissent was intended, and is now declared by us to be a part of our said Report. (signed) J. S. De Lery Samuel Holland. John Johnson. 1 See p. 295. SESSIONAL PAPER No. 18 Dissent1 Sir John Johnson does not concur in Article the 3rd of the foregoing report, but offers the following Paper as expressing his Sentiments upon the Subject of the Refer ence. That His Majestys Instructions to His Excellency Lord Dorchester for granting the Crown Lands, which has been under the Contemplation of the Committee, and upon which the report is principally grounded appears to be the same, as that made to the Governor of this Province in the year 1774.2 That-Since that Period, the Rebellion, War, & Peace have produced an important change in the situation of this Province, and which will claim and merit His Majesty's Consideration, A Change that in Policy, and Justice may prevail with His Majesty, to alter the said Royal Instructions, and grant the Crown Lands, in a manner different, from that recommended by the report of the Committee. That-Soon after the Commencement of the Rebellion in 1776 the Loyalty and Attachment of several Thousands of his Majestys faithful Subjects called them forth to take up Arms, and to a steady Exertion in Support of the Laws, and Government of Great Britain, and by that Loyal exertion, to protect and secure the Property, and Estates which they held under the Crown in the different Provinces. That-By the Treaty of Peace in 1783,3 His Majesty was pleased to declare the Colonies in Rebellion Free and Independent States, whereby the Kings Loyal Subjects so under Arms, and others in constant Exertions to protect, defend and support the Laws and Government of Great Britain, lost their Lands and Estates, which by the Peace fell to the Power and Possession of the United States. Those Lands and Estates afforded them a Competent Comfort, and Support to their Families, They were held in free and common Soccage, and possessed under those Laws, and that Government, the best calculated, to protect the Person, and Property of the subject, and render him the most Loyal and Happy. That Many thousands of His Majestys Loyal Subjects (whose Estates were seized and Confiscated) have remained in this Province in the confident hopes that his Majesty in his royal wisdom and Grace would be pleased to grant to them Lands, upon the same Tenure and under the benefits, as those they formerly held of the Crown and similar to the Grants and Estates, his Majesty has been graciously pleased to grant, and secure to other suffering subjects who have resorted to his Majesty's Neighbouring provinces of Nova Scotia, & New Brunswick. That these his Majesty's distressed Subjects by protection of the Crown, and the Laws, to which they had been accustomed, and were attached, might be restored in a great degree, and their Children wholly, to that happiness, and those blessings, they fully experienced under the British Government prior to the Rebellion. That They have had every reason to be thankful for his Majesty's Paternal Care, and the Bounty and Liberality of the Nation, but that the hopes and Confidence, of those Suffering Loyalists are, that they may hold Lands of the Crown, in free and Common Soccage, and not en roture as the Vassalls or Censitaires of a Seigniors. That--Such Tenures are contrary to the Growth of a Commercial, English Colony, are adverse to Agriculture, must impede the Population of the Province, and are Tenures not the most advantageous to the Policy and Interest of the Nation. That If the Lands upon which such Loyalists have already been settled in this Province, could not be retained but en roture as feudal Vassalls, it is more than probable, that many of the Settlements already made would be abandoned and those, His Majesty's faithful Subjects driven to seek a refuge and support in some other situation, whereas by granting those Lands in the manner which all other Crown lands are 1 See Q 27-2, p. 502. 2 In the Instructions to Carleton, drawn up in the end of 1774 and sent to him in the beginning of 1775, article 38 referred to the tenure under which new grants of land were to be made. See p. 429. This article simply followed the additional Instruction of 1771 re-establishing the French feudal tenure. See p. 295. The 38th article of the Instructions of 1775 was reproduced without alteration as the 39th article of the Instructions to Lord Dorchester in 1786. See p. 561. See p. 491. 18-3-41 6-7 EDWARD VII., A. 1907 granted, and in which all other Loyalists since the Rebellion and Peace have obtained Lands in the Kings neighbouring Provinces, his Majesty would in Wisdom and Mercy extend a Source of Comfort, and Prosperity to those subjects, and greatly strengthen and increase the Population, Power and Utility of this Province to Great Britain. That-If it should please his Majesty to use the ungranted Lands in this Province, to the best National benefit, as an Asylum to the Loyalists now in Great Britain, who have infinitely suffered and are in Distress, and who are desirous to become Residents in this his Majestys Colony, and also as an Asylum to those his Majestys Loyal subjects, who have been persecuted during the Rebellion, and yet remain oppressed in the American States, soliciting his Majesty's Royal protection, and an Establishment, as and with his faithful subjects in this Province; His Majesty may increase the number of his Subjects in this Province, many thousands, by conceding the Crown Lands on the same terms and affording the same protection to His subjects in this Colony, which in his Royal Wisdom and Justice, His Majesty doth in the Provinces of Nova Scotia and New Brunswick. That-Such an Addition of numerous Subjects would not only increase the population of the Province, but infinitely add to its powers, and to the Natural Advantages which Great Britain reasonably ought to expect and receive from an extent of Country, which might be populated, governed, protected and secured as a Colony, drawing small expences, and affording great benefit to the Nation. That So far from Concurring in the Opinion, that the General Tenure of Lands, now held under the Crown in this Province, were under the Feudal System, by grants from the French King to his Subjects en Fief & en Roture, and that to grant the Crown Lands in the same manner, would preserve an uniformity in the Tenure of Estates, and the Laws that governed Civil Rights thereon, & therefore ought to be conformed to by any new Grants: That he humbly conceives it may well deserve the deliberation of Government, whither it will not be more for the Interest of his Majesty and the Nation, and also to the Holders of lands in Seigneurie and en Roture, if his Majesty would be graciously pleased to concede and make a free gift of his rights to mutation fines, & permit as well the Seigneur as the Censitaires or Vassal to convert their Estates into free and common Soccage, the latter upon a Commutation with the Seigneur for his Rights on the Vasallage tenure, such a grant and permission would be gratefully received, and would have the Effect at no very distant period of assimilating this to the other of His Majestys Colonies in America. And he further humbly Conceives, that if the Crown lands Contiguous to those at present settled, were to be granted to and Cultivated by his Majestys English subjects, they would diffuse a Spirit of Industry and a Knowledge in Agriculture, that would prove of infinite Benefit to the Colony and the Nation. Sir, LETTER FROM THE MAGISTRATES AT CATARAQUI TO SIR JOHNSON, BARONET.1 Cataraqui 22nd Decem' 1786. Your Circular letter directed to the Magistrates of the New Settlements, dated the 27th Nov reached this place to day, at a time when a Memorial was preparing to be laid before His Excellency Lord Dorchester, in Council respecting some matters deemed essential to the welfare of the Settlements in this District; and we are happy to find His Lordships Disposition to serve us has render'd such a step unnecessary; and it gives us an additional pleasure that we are required to transmit our Sentiments on such an important Subject, to you, Sir, of whose Exertions to procure us every advantage, our Situation will admit of, we cannot entertain a Doubt. The Object that first presents itself as of the most Importance is the Tenure of the Lands; The Conditions on which they have been granted to the Loyalists in this Pro 1 Canadian Archives, Q 27-2, p. 510. The name of Cataraqui was shortly afterwards changed to Kingston." |