SESSIONAL PAPER No. 18 vince are so different from what they have been used to, and so much more burthensome than those offered to our fellow sufferers in Nova Scotia and New-Brunswick, that they are universally disagreeable. Nothing in our opinion would conduce so much to the prosperity of these Settlements as the putting the grants of Lands on the same footing they are on in the rest of British America. This would at once give the most universal satisfaction, Enhance the Value of all the other Benefits that Government has bestowed on the Settlers, and prove the most powerful Spur to Industry of all kinds. Next in order is the due Execution of Justice and the Administration of the Laws. The power lodged at present in the Magistrates is found by experience very inadequate to the Regulation of a District so populous and extensive as this. Many Causes have and must occur, that, they are not Authorized to determine, and many Crimes and trespasses have and probably will be Committed, that, it is not in their Power to punish. The Courts of the lower parts of the Province are so distant, and the expence and trouble of attending them, and bringing the necessary Witnesses so far from their Homes, so great, that unless in cases of great importance, a Enormity Offenders mu-t always escape with Impunity: The ruinous consequences of which must be sufficiently obvious To prevent these, we would recommend the Establishing at this place Courts of both Civil and Criminal Jurisdiction, for the Settlements in its Vicinity; so that all matters respecting either Persons or Property may be decided without any great delay or expence. And we think moreover, that it will still be useful to the Settlements that the Justices of the Peace retain the power they are invested with of deciding Causes not exceeding the Value of Five Pounds; as the sueing for such small Sums at Court must generally be attended with more expence than the first demand amounts to, and the Speedy decision of such causes is often of more consequence to the parties than the Sum itself. That the Proceedings of our Courts be regulated as far as possible by the Laws of England is a matter much to be wished; but whatever system is adopted in this respect, we conceive it would be highly useful to have it commited into a regular form and printed. The Election or appointment of proper Officers in the several Townships to see that the necessary Roads be opened and kept in proper Repair, we conceive, would be of great utility, by facilitating the communication with All parts of the Settlement.1 Humanity will not allow us to omit mentioning the neces-ity of appointing Overseers of the Poor, a making of some kind of provision for Persons of that Description, who from age or accident may be rendered helpless, And we conceive that it would be proper that the persons appointed to this charge, as well as the Road Masters, should be directed to make regular reports of the state of their Districts, to the Courts at their Meetings; and be in all Cases subject to their Controul. After providing for the Security of Persons & Property, the object that next pre sents itself for consideration is the Trade of the Settlement. Its exports, if we may use the expression, will probably be confined to the following Articles, namely, Wheat and all kinds of Grain, Hemp, Flax seed, Potash and Lumber; and in Proportion to the price and demands for these Articles, will be the ability of the Settlement to purchase the Manufactures of the Mother Country. From the recent Establishment of this Settlement it cannot be expected that at present the Settlers should be able to do more than provide themselves Bread; but in the forming of Regulations for promoting their prosperity, we presume that regard will be had to what their situation is likely to be in a few years. And in this View it may be useful to Appoint Inspectors at this place to examine all the different Articles of Produce that are intended to be sent for sale from this Settlement to the lower parts of the Province, that none but what are of the best quality may be so sent; and that it may not be in the power of individuals to bring the produce of the Settlement into disrepute, by offering for Sale Articles of indifferent Quality. 1 This is the beginning of the agitation in the western settlements for the introduction of municipal government. 18-3-411 6-7 EDWARD VII., A. 1907 We would also submit to the Legislature the propriety of encouraging by a Bounty, the raising and dressing of Hemp & Flax Seed, and the manufacture of Potash; these being Articles that Great Britain annually purchases from Foreign States to a considerable Amount; Whatever her own Settlements can supply is of course a National Saving: and the Manufacture of Potash in particular is so useful to a new Country in more than one way, that it seems to merit peculiar Encouragement. There are two other things relative to this subject that will be productive of much advantage to this Settlement; and these are, that Government should take what Grain & the Settlers may have to spire towards furnishing the necessary supplies for the Troops &. in the Upper Posts; and make this place instead of Carleton Island' the Quarters of the Naval Department and the Depot of Stores &. intended for the Garrisons in the Upper Country. As these however are matters that depend solely on His Lordships good pleasure. you may perhaps think them foreign to the purport of your Letter; But they are matters of such great utility to the Settlement, that, we could not omit this opportunity of mentioning them: And we trust that your regard for its welfare will induce you to represent them to His Lordship in the most favorable manner. As Government ave already been graciously pleased to provide for the Establishment of a Clergyman' and school at this place, it is with the utmost diffidence, that, we offer anything on this head; but when it is consider'd that from the extent of this Settlement, it is impossible for the greater part of the Inhabitants to profit by these Establishments, We trust it will not be thought unreasonable to request some assistance towards making provision for Clergyman and School-masters at convenient places through the Settlement; that the Inhabitants in general may participate of the benefits of these useful institutions. It appears to us also as a matter worthy of consideration, whether Persons residing in the present American States, But who are of known Attachment to the British Government, might not be Admitted as Inhabitants of these Settlements on producing Authentic Proofs of their Loyalty, and whether such Persons might not be permitted to bring with them such Cattle or Farming Utensils as they may possess, and it may also be worthy consideration whether some means might not be fallen upon for introducing such Property into the Settlements as the Present Inhabitants may have possessed and be able to recover in the American States. They may often be able to get Cattle or farming Utensils for their dues there, when Money is not to be had, but these not being allowed to be brought in are of no use. Could favourable Regulations be made respecting these matters consistently with the more important Interests of the Province at large, and in such a Manner as to prevent abuses, We believe it would soon make such an Addition to the Population and Property in these Settlements as would visibly increase their Importance. We have now laid before you such matters as occur to us as the most important for promoting the grand objects mentioned in your Letter consistently with our Situation. For though the Establishment of the English Laws and form of Government in their fullest extent would unquestionably be the most effectual mode of promoting and Establishing the Welfare of the Settlement, Yet. there Are advantages We dare not presume to hope for distinctly from the other parts of the Province. We are Sir with the greatest respect, your very humble Servants (signed) Neil McLean. Doring the Revolutionary War a naval post had been established at Carleton Island, which hes Jon Wolfe Leland and the American shore below Cape Vincent. It was also a depot for the tranship this mus, &c. between the St. Lawrence river and Lake Ontario navigation. It was one of the posts Set to the United States by the Treaty of 1783, but not given up at the time. John Stuart, formerly missionary to the Mohawk Indians, was the first clergyman appointed at Kingston, and hence in Upper Canada. LETTER FROM THE MAGISTRATES AT NEW OSWEGATCHEE TO SIR JOHN JOHNSON, BARONET.1 New Oswegatchee 18th Dec 1786. Sir, The Magistrates of this Settlement having communicated to us the contents of your letter of the 27th Nov' respecting the best mode for the population, Agriculture and settlement of the Kings Lands in this Province. We have to request you'll please to return our warmest thanks to His Excellency Lord Dorchester for this early instance of his paternal Care for us, and to represent to His Excellency our Sentiments, & prayers hereunder written, should they corroborate with your own; And if they should in any Instance deviate from what you Judge proper to be represented, we have the fullest confidence in your care & friendship for us; And your general knowledge of the Sentiments, Dispositions, and wishes of the Loyalists settled in this Province; and chearfully submit to you, to make such Alterations in these our Sentiments as your prudence may dictate. 1st We most earnestly pray for ourselves & in behalf of the Inhabitants of New Oswegatchee, that we may have our Lands by Grants free from any Seigneurial Claims or any other incumbrance whatever, The Kings Quit rent excepted. 2nd That we may be governed by the British Constitution and Laws for the support of which and his Majestys Crown & Dignity we first took up Arms in Opposition to the American Congress. 3rd That we may be formed into separate Countys from Pointe aû Baudet upwards, having our own Courts, Judges and Civil Officers & perhaps one County from Pointe aû Baudet to the Great river Gananaque, holding Courts Alternately at New Johnstown and New Oswegatchee, may be the most convenient for the lower settlers, and another County from Gananaque to the Head of Quinty Bay, & a third including Niagara and upwards. And perhaps your Representation may Incline His Excellency to form the whole into a separate Government dependant on Lower Canada. 4th We humbly conceive that nothing could more rapidly promote the settlement of the Kings Lands, than the Encouragement of the Gospel, and Schools in these Infant Settlements. And lastly, we pray that a stop may be put to the Importation of Timber or Lumber of any kind into Canada from Vermont, or Any of the American States, and some Encouragement given to the Loyalists to supply Lower Canada with Lumber, as that is at present the only staple commodity in this Country. We have the Honour to be with great respect & esteem James Campbell. Thomas Sherwood. Dan' Jones. William Lamson. Allan McDonell. Sir, your most obed' & humble Serv's 1 Canadian Archives, Q 27-2, p. 519. (signed) Justus Sherwood Wm Fraser Allan McDonell Joseph White John Jones. Peter Drummond Tho Fraser John. Dulmags. The old post of Oswegatchie is now known as Ogdensburg, and the new establishment on the opposite side of the river St. Lawrence after the Revolutionary War, was known at first as New Oswegatchie. The name was commonly applied to the whole district as far up as Brockville. 6-7 EDWARD VII., A. 1907 N° 18. My Lord, DORCHESTER TO SYDNEY.1 Quebec 13 June 1787 The latter part of the Merchants reports to the Committee of Council for Commerce and Police, together with the petitions from the Canadians occasioned thereby, will shew Your Lordship a diversity of opinions in this province concerning the Laws and a House of Assembly, more accurately, than I should have been able to procure without these representations. The English party has gained considerable strength of late years by the Loyalists, who have taken refuge in the province; and many more discover a strong inclination to follow, so that it is more than probable the desire for an Assembly will annually increase; yet common prudence seems to require, before an alteration of that magnitude should be attempted in a country composed of different languages, manners, and religions (where nine tenths of the people are ignorant of the nature and importance of an Assembly) that the whole plan should be minutely unfolded, and its effects upon the Legislature and the provincial economy clearly discerned. This description should be published and time given for all men to make themselves masters of the project, and form their opinions thereon, free from artifices and intrigues of any kind. Without these precautions it is more than probable, that disappointments and disorders might arise even at the outset. For my own part, I confess myself as yet at a loss for any plan likely to give satisfaction, to a people so circumstanced as we are at present. 3 But what urges more immediately is an alteration in the tenure of lands to be granted by the Crown. The Instructions direct that these lands be granted in a manner every way similar to the tenure under the French Government. Whatever merit this system might have had formerly, so great have been the changes of late years on this Continent, that a new line of policy, adapted to the present relative condition of the Neighbouring States, and suited to the minds and temper of the King's subjects, is become indispensably necessary for Great Britain. I therefore humbly recommend that His Majesty would be graciously pleased to allow His Governor and Council to grant His lands in free and common soccage, unincumbered with any crown rent whatever : but not more than one thousand Acres to the same person without the King's approbation. Many petitions have been sent down by the Loyalists (the last of which is A--] inclosed) praying among other things to be placed upon the same footing with their brethern in Nova Scotia and New Brunswick; some disorders have also been excited among them, concerning which I have directed immediate investigation. It is not on account of these petitions, that I propose the alteration, but because I judge it highly expedient to remove the Smallest Cause of discord between the King's Government and His people, or between Great Britain and these Provinces, on any score whatever. And it is for this purpose I further recommend, that the thirty pence for every hundred Acres be remitted in Nova Scotia and New Brunswick to all who do not hold more than One thousand acres; as to others, I think this right should be reserved merely as a check on large grants to persons who never mean to cultivate or improve, and who at present obstruct the settlement of those provinces. It may be advisable to reserve in every township of thirty thousand acres, five thousand to be granted only at a future day under the King's Special directions; These reserved parcels will enable His Majesty to reward such of His provincial Servants as 1 Canadian Archives, Q. 27-2, p. 983. 2 See Report on Commerce and Police, pp. 612-639. 3 It was on the urgent recommendation of Carleton himself that the reversion to the French system for new grants of land was made. See Carleton to Shelburne, p. 202, and draught of Ordinance relating to French land tenures, p. 204. In consequence of this and other recommendations from Carleton, the in struction of July 2nd, 1771, was issued (see p. 295), requiring that all future grants of land to English and French subjects alike should follow the French feudal tenure. 4. See below p. 647 * See note 3, p. 351. SESSIONAL PAPER No. 18 may merit the Royal favour, and will also enable the Crown to create and strengthen an Aristocracy, of which the best use may be made on this Continent, where all Governments are feeble, and the general condition of things tends to a wild Democracy. People of property in the States are now, I believe, sensible of the evils occasioned thereby, and would bring forward an adequate remedy, did they know how to carry it into execution.1 As the planters approach the Indian country, they are afresh stimulated by the manners of that lawless people, who may be influenced but not easily controlled, and they in a great measure imbibe their uncivilized ideas of liberty. The American side of the great lakes would in a short time be covered by settlers of this description, was it not for their fear of the Savages. This check sooner or later will be done away, prudence therefore requires we should prepare for the event in time, by placing the King's subjects on this side in every respect in a situation at least as eligible, as that of their neighbours. The introduction of intermediate seigneurs at that distance would, I think, be totally impracticable. The Canadians at Detroit have been under a strong military control, and therefore have paid their rents and mutation fines, the produce of which has been taken by the Commanding Officer of the Post as his perquisite, I know not by what Authority; their friends on the Wabache paid nothing, placed as they were at some distance from our garrison at Detroit; and from hence we may understand their aversion to our taking post among them; they expected we should require the same dues paid at Detroit, from which the Americans, they were assured, would set them free. The Quitrents in the English Colonies were not one sixth of the burthen on these lands en roture, and yet I understand that Government was never able to collect them ; but, after the revolt had taken place, offered to relinquish the claim; from all which I am convinced these dues never will be paid, and only prove a perpetual cause of discontent, and afford the means of alienating the minds of the people from the King's Government. I am with much respect and esteem Your Lordship's most obedient, and most humble servant. The Right Honble DORCHESTER PETITION OF THE WESTERN LOYALISTS. Copy To His Excellency the Right Honorable Guy Lord Dorchester Captain General and Governor in Chief of the Colonies of Quebec, Nova Scotia, and New Bruns wick, and their dependencies, and Vice Admiral of the same. General and Commander in Chief of all His Majesty's Forces in the said Colonies, and the Island of Newfoundland. The petition of the Subscribers, residing in the new settlement, in behalf of themselves and the Inhabitants at large, in the respective Townships, from Point au Baudet on Lake St Francis Westward, as far as Niagara. Humbly sheweth, 1 This paragraph indicates the central policy of much of the Constitutional Act of 1791, and the basis of the Crown Reserves, in addition to the Clergy Reserves. 2 Canadian Archives, Q. 27-2, p. 989. This is the petition referred to in the foregoing letter from Dorchester to Sydney and enclosed with it. |