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II. That upon the receipt of all fuch applications the Boards inveftigate the
grounds of the pretenfions of the Petitioners, requiring for that purpofe, fatisfactory proof, by documents, affidavits, or otherwife, carried as
high as the nature of the cafe may admit, to the following points, viz. -) -Whether the Petitioner, as a reduced Officer, was entitled to, and has
received any lands, under the King's inftructions of 1783. b.)-Whether, and how far, he has improved the fame, fo as to render him
a proper object of the order, c.)—What quantity of lands he has already received, whether on account of
his rank or his family or by the additional bounty of 1787, or in any other way whatever, and what further quantity he is entitled to, after deducting the tracts already granted to him, under all or any of the foregoing defcriptions, in order to receive, upon the whole, an equal number of acres, with Officers of the fame rank of the late 84th Regi
ment. III. Thefe, and all other points requifite, being afcertained, the Boards are
to locate the number of acres, to which they fhall think the Petitioner entitled, as nearly as may be, according to the prayer of his Petition. conforming themfelves neverthelefs to the directions contained in the 8th, 9th, 10th, 11th, & 13th articles of the Rules and Regulations of the 17th. of February, and the 2d. 3d. and all the following articles of the additional Rules and Regulations of the 25th of Auguft laft, all which, as far as they regard the Surveyor General's Office, fhall be executed by the acting Surveyors of the refpective Diftricts under the fuperintend
ance, and orders of the Boards. IV. That, as often as any competitions arife, by a diverfity of applications,
or otherwife, for one and the fame tract, the Boards fhall endeavour amicably to adjuft the fame, among the parties interefted, and, on failure thereof, they fhall hear the different competitors, in fupport of their claims, and decide between them, with due impartiality, according to the merits of the cafe, and where there is no equitable ground of prefer
ence to either, the iffue fhall be determined by lot. V. That the Boards make full and diftinct Reports upon all the foregoing
particulars, annexing copies of the proofs exhibited to them, as often as their nature may permit, declaring themfelves fatisfied therewith, and concluding with a recommendation of the petitioner for a grant of the fpecific number of acres located by them, to which, under all or any of the confiderations aforementioned, and which of them in particular,
they fhall think him juftly entitled. VI. That all fuch Reports be made by the refpective Boards, at the end of
every three months, or oftner, to the office of the Governor's Secretary, by the transmiffion of a fair copy of the minutes of their proceedings, during that period, under the fignature of three or more Members of the Board, together with the petitions reported upon, whether rejected, or recommended, fubject to the final approbation, difallowance, or order of the Governor in Council upon every fuch cafe, after the receipt of which approbation, or order, the Boards are hereby authorized to pledge the faith of Government to the refpective petitioners, for the grants of the tracts therein to be fpecified, by iffuing Certificates of Occupation to them under their fignature, agreeable to fuch form as the Governor fhall be pleafed to direct.
VII. The Boards are to take due care that a fufficient fpace of Country be
always previoufly laid out, for comprehending all locations, which in
His Lordship, taking the faid Regulations into Confideration, was pleafed, with the advice of the Council, to approve the fame, and to ORDER, as it is hereby ORDERED that they be duly and punctually complied with and carried into Execution, whereof the different Land Office Boards, and all other Perfons whom it may concern, are to take Notice, and govern themfelves accordingly.
V. WILLIAMS, C.C.
EXTRACTS FROM OFFICIAL LETTERS.
At a Council Holden at Quebec.
On Wednesday the 20th of January, 1790.
The Honble. WILLIAM SMITH, Chief Justice,
Chas. DE LANAUDIERE,
LE CTE. DUPRE'.
Whereas there was this day read at the Board the following Extract from a report of a Committee of the whole Council, refpecting the Schedules of Locations in Luneberg and Mecklenburg, viz. 'a Letter from His LORDSHIP, by Mr. Secretary Motz, with its inclofures, in thefe words:
QUEBEC, 9th Jan. 1790. SIR, “The 42nd. article of the Royal inftructions of the 23d. of Auguft 1786, “requiring that all perfons applying for lands, fhall take the oaths directed “by Law, and fubfcribe the declaration mentioned in the faid article, I
have it in command to fignify Lord Dorchefter's defire, that the Committee “ of the whole Council, to whom was referred the report of the land Commit“tee on the Schedules of Locations exhibited by the Surveyor-general's Of
fice, caufe enquiry to be made, whether the proper records be extant, of all “ or any of the perfons therein mentioned, having taken and fubfcribed the “faid oaths and declaration, and that they report to his Lordfhip, whether “it may not be advifable, on tranfmitting the faid fchedules to the refpect
ive Boards, to direct them to take courfe for compleating the record of the “fignatures of all land-holders in the refpective diftricts, if it fhall be found
defective, that nothing may be neglected to clear the way for the Loyalifts being put into poffeffion of legal titles for their lands, agreeable to his Majesty's expected inftructions, as foon as they fhall arrive.
His Lordfhip alfo commands me to tranfmit to you divers extracts “ from public letters, as connected with the general fubject of your delibera“tions upon the prefent reference; and to fignify his defire, that the Com“mittee make it a part of their report, in what way their contents may beft “fubferve the end of giving comfort and tranquility to the Loyalifts, and encouraging and ftrengthening the weftern fettlements and frontiers.
“ HENRY Motz.” " To the Honble. WILLIAM Smith, Efq., Prefident “ of the Honorable his Majefty's Council for
the Province of Quebec.” EXTRACT of a Letter from the Right Honorable LORD NORTH, one of
Majefty's Principal Secretaries of State, to his Excellency Governor “HALDIMÄND, dated Whitehall, 24th. July, 1783.
“And as a part of that inftruction directs that all perfons whatever, upon their application for lands, befides taking the ufual oaths as directed
by law, fhall make and fubfcribe a declaration, acknowledging his Majefty “ in Parliament to be the fupreme legiflature of the Province, I think it ne“ceffary to obferve to you that the declaration however general, cannot ex' tend to taxation; Parliament having by the Act of the 18th. of His prefent Majefty, intitled, “An Act for removing all doubts and apprehenfions con
cerning taxations by the Parliament of Great Britain, in the colonies, pro* vinces and plantations, in North America, and the Weft Indies, &c.," in
* the moft exprefs terms, reftrained itfelf from ever impofing any taxes or “ duties, in the Colonies, except for the regulation of trade; the produce of “ which taxes or duties, to be difpofed of by the provincial affemblies; fuch “ being the cafe, it was judged not only unneceffary, but implying fome “ doubt of the fincerity of Parliament, to make any exception in the declara“tion; the exception being already made by Parliament itfelf, in a man“ner fo folemn and effectual, that nothing can add to the fecurity, the fub
'jects in the Colonies derive under it: thefe obfervations you will naturally "make a proper ufe of, fhould any objection be made to the declaration or
'the conftruction of it; and I doubt not, but the neceffity of guarding againft “difaffected perfons becoming fettlers in Quebec, will convince His Majef
ty's loyal fubjects, of the propriety of that teft, by which they cannot be ' affected or deprived of any indulgence, or encouragement, to which they " are fo juftly intitled." A true Extract, (Signed) F. H."
A true Copy, HENRY Motz.' EXTRACT of a letter from the Right Honorable LORD SYDNEY, one of ' His Majefty's principal Secretaries of State, to the Right Honorable
“ LORD DORCHESTER, dated Whitehall, 3d. September, 1788.
“Your Lordfhip will however underftand, that it is the King's inten“ tion, that the new fettlers in that part of the province,* who now hold “ their lands upon certificates of occupation, fhall at all events, be placed
upon the fame footing in all refpects, as their brethren in Nova-Scotia and “New-Brunfwick, by having their lands granted to them in free and common foccage, with a remiffion of quit rents for the firft ten years."
' A true Extract, HENRY Motz.”'
* On the communication from his Lordfhip in the letter to the Chairman, the Committee put feveral queftions to the Deputy Surveyor General, who reported,
THAT he believes all perfons holding under occupation certificates “iffued prior to November 1787, did fubfcribe the declaration, as well as take
the oaths, by His Majefty's inftructions required; but as to what has “ been done fince that period, under the conduct of the Land-Boards and his
country agents and deputies, he can give the Committee no certain information; but he fuppofes it may be obtained by the aid of thofe boards.
* Refolved thereon to be the opinion of the Committee,
“1. That the feveral Land-Boards be defired to make the proper enquir“ies, and to take courfe for exacting a compliance with the Royal inftruc“tions, from all perfons holding, or to hold in future, under occupation
certificates, and that they return a lift into the office of the Clerk of the "Council, of fuch as have neglected or fhall refufe fuch compliance, that the grants of title may be fufpended, as to fuch as fhall wilfully make default.
“II. To the intent of informing the fettlers of the benevolent defign and true ufe of the Royal requifitions, as well as to convince them of the
folidity of the plighted faith of Government, and the manner of preferv"ing the evidence of it, it is expedient, that there be tranfmitted to each of “the Land-Boards (to be made known in their diftricts) a copy, not only of " the report of the Land-Committee, but of the prefent report thereon. Signed by order, 12th. January, 1790.
“Wu. SMITH, Chairman."
His Lordship, taking the faid Extracts into confideration, was pleafed, with the advice of the Council, to approve of the Refolves of the Committee of the whole Council therein contained, and to order, as it is hereby ordered, that the fame be duly and punctually complied with, and carried into execution; whereof the different Land Office Boards, and all other perfons, whom it may concern, are to take notice; and govern themfelves accordingly.
*Meaning the Diftricts weft of Point au Baudet.
J. WILLIAMS, C.C.
THE DISTRICT LAND BOARDS.
A Land Board was appointed by Lord Dorchester for each of the four Districts into which Upper Canada had been divided, viz:
Hesse: Farnham Close, Esq., Major in the 65th Foot, or the Officer Commanding at Detroit; William Dummer Powell, Esq., Duperon Baby, Esq., Alexander McKee, Esq., William Robertson, Esq., Alexander Grant, Esq., Lieutenant Adhemar de St. Martin, or any three of them to be a quorum for the business entrusted to the whole Board, in and for the District of Hesse. (U. P. I. Minutes of Hesse).
Nassau: Lieut-Col. Hunter, or Officer Commanding at Niagara; LieutCol. Butler, Peter Ten Brook, Esq., R. Hamilton, Esq., Benjamin Pawling, Esq., Nath. Pettit, Esq.
MECKLENBURG : Rev. John Stewart, Neil McLean, Esq., James Clarke, Esq., Richard Cartwright, Jr., Esq., and the Officer Commanding at Kingston for the time being.
LUNENBURG: Richard Duncan, Esq., John MacDonell, Esq., Jeremiah French, Esq., Justus Sherwood, Esq., James Gray, Esq., John Munro, Esq.
Difficulties incident on the settlement of a new country were encountered, and considerable correspondence of interest has been preserved which passed between these Land Boards and the Council at Quebec and the Deputy Surveyors. The Land Boards reported to the Governor-General in Council, and the Deputy-Surveyors to the Surveyor-General, and differences of opinion are often disclosed.
A letter from Patrick McNiff, Deputy Surveyor at Detroit to the Hon. Hugh Finlay, Quebec, dated from Detroit on the 3rd May 1791 may be quoted as throwing an interesting light on the progress of settlement then in the District of Hesse :
"Sir, I am Honored with yours of the 19th January last covering a copy of His Excellency Lord Dorchester's orders of the 20th October last to the Land Committee, since the receipt of which have been so busy in Survey of Lands in River La Franche as to put it hitherto out of my power to make any Report on the object of that Order.”
“There is not any one thing hitherto may have impeded the Settling of this Country so far as may have come within my observation that I have not transmitted below in as plain a manner as the nature of a cursory Investigation would permit, I will now for the Information of His Excellency Lord Dorchester and the Honourable Land Committee point out these Evils in as explicit a manner as the nature of my different Enquiries will allow.
“When it first became an object of the Government to People so important a frontier as this is, I believe every encouragement that settlers could reasonably wish for or expect was held out; but from the very Remote situation of this place and its great distance from the seat of Government, abuses similar to those that I have seen elsewhere have (I fear) taken place; particularly with respect to many of Col. Butlers Rangers; amounting to nearly one hundred able young men who have left the country in less than the space of one year owing to His Majesty's Bounty of Provisions &c., being withheld from them; how far this may be true is to be proved, but the men are left the Country and I fear lost to Government.
"In the next place, the various and almost unlimited claims made by Individuals to Tracts of Land by virtue of Indian Grants have been a great cause of keeping the Country unsettled and will so long as they are suffered to exist. When settlers came from the United States of America at the instigation of Government, instead of being placed on the Waste Lands of the Crown without delay they were told that such and such particular Tracts of Land as they may have pitched upon, was the Property of Individuals by virtue of purchase made of Indians and that the King had no Lands in this Country, the consequence was that numbers of those intending to settle on the King's Land returned again to the States, others of them for want of money to take back were under the necessity of purchasing land perhaps of those persons claiming large Tracts under Indian Titles at the enormous price of £100 for 100 acres of wild land. In Order to continue this practice of selling Land and prevent Government from settling the Country, it has been reported at Fort Pitt through the instigation of some Persons here inimicable to the Interest of Government (and perhaps principal claimants) that all land in this Country was claimed by a few Individuals & that the King had no Land here, however as Government had disapproved settlement of the Country arising from such claims this will in Future cease.