CHAPTER VI.

Of the Waste Lands of the Crown, and the Lands reserved for the Protestant Clergy.

I AM about to treat of a subject of the highest importance, viz. the distribution of lands since the conquest of the country; to establish, by extracts which I propose to make from the different reports of a committee appointed by the Assembly, at the desire of the Governor-General in 1824, that it would have been more advantageous to continue the lands en fief et seigneurie, as hitherto, than to adopt the tenure in free and common soccage. And besides, I hope to establish, that, in the proceedings relative to this matter, the local government has been actuated rather by a wish to favour private interests than to p omote the public welfare.

A thing which surprises every body, and more particularly such strangers as come into the country, is, that the Canadian population is not more extended, and that the land hitherto settled in the townships has been occupied solely by emigrants from different parts of Great Britain, Ireland, and the United States. What has hindered the Canadians from settling in the townships? The land, according to the reports of various surveyors, is excellent; and the climate, in many parts, is more temperate and healthy than many places long settled. And yet, in spite of this, the Canadians remain upon the lands conceded en fief et seigneurie, being apparently not in the least desirous

of establishing themselves in the townships. The opinion, that the population was not sufficiently considerable to force them to adopt the measure; and that such circumstances would immediately occur, prevailed a long time. In spite of this, however, the facts have been diametrically opposed to such a result: the inhabitants have preferred, and do still prefer, to take lands conceded to them in the most remote parts of the seigneuries, in places almost impossible to be cultivated; on the top of steep and desert mountains, rather than upon the fertile lands of the townships. At length the local government thought it requisite to consider the subject; and the Governor-General recommended the investigation of this important matter to the House of Assembly, for the purpose of discovering the circumstances which had retarded, to the present time, the settlement of the waste lands of the Crown. The House of Assembly, being as well convinced as the Governor of the importance of the subject, and the absolute necessity of obtaining all possible information upon it, immediately appointed a committee. At the head of this committee was Andrew Stuart, Esq. advocate, a man of superior judg ment and knowledge, acquainted with every thing connected with the interests of the country, and thoroughly conversant with the means of obtaining all the information requisite in the matter.

The object of this work will not permit to extract more from the above-mentioned reports than is absolutely necessary for my present purpose; but I recommend to those who take an interest in the affairs of the country, and who are desirous of obtaining valuable information respecting it, to procure these reports; and I am convinced they will not regret the money thus expended.

According to the first report of the committee, it appeared evident, that Lower Canada possessed a surplus of agricultural population sufficient to settle a large part of the waste lands of the Crown; and our surprise is at the utmost, when

we learn, that this population never attempts to extend itself over these waste lands by which they are surrounded.

"First Report of the Committee of the House of Assembly,

on that part of the Speech of his Excellency the Governor-in-Chief which relates to the Settlement of the Crown Lands. Printed in Quebec, and dated the 12th of February, 1821.

"Your Committee, deeply sensible of the importance of the matter referred to them, have lost no time, and spared no labour, in investigating the causes which have hitherto retarded the settlement of this province, and more particularly of the waste lands of the Crown, and yet unconceded seigneurial lands.

"Their attention was, in the first instance, directed to the ascertaining of the amount of the surplus agricultural population of this province, for whom it was expedient and just to provide habitations.

"From the declarations of several witnesses, which your Committee examined, it was manifest that Lower Canada possesses in itself an abundant population to settle these waste lands.

"To determine as exactly as might be the precise amount of this surplus population, your Committee proposed a series of questions, and transmitted the same to the curates of the different parishes in this province, and to some of the more distinguished seigneurs resident in the country, with a request to communicate their answers with all convenient speed. Sufficient time has not yet elapsed to entitle your Committee to answers to these queries. They anticipate, however, with confidence, much valuable information from these respectable sources; and, when received, will feel it their duty to lay the same before this House with the least possible delay.

"Your Committee next directed their attention to the determining of the quantity, and ascertaining of the quality of the waste and ungranted lands of the Crown, with their

local advantages or disadvantages, viewed with reference to actual settlements. The result of these inquiries was in the highest degree satisfactory, and evinces that land advantageously situated may be provided for the entire surplus population of Lower Canada*.

"It could not but excite surprise in the minds of your Committee, that the large surplus agricultural population of the province had not been long since located upon the vast tracts of ungranted lands of the Crown; and it became a matter of anxious inquiry to them, whether the causes which had produced the strange anomaly of a superabundant agricultural population, environed by a wilderness of lands, were permanent in their nature, or otherwise.

"It is with no ordinary satisfaction, that your Committee have it in their power to declare, as their opinion, that these causes are not of a permanent nature; and to add, that a hope that their removal may be considered as neither of difficulty or distant attainment, may reasonably be indulged.

"In the opinion of your Committee, one of the principal causes which have retarded the settlement of the waste lands of the Crown in Lower Canada, has been the abandonment of the ancient mode of granting lands in fief or seigneurie, and the introduction of the tenure of free and common soccagea tenure novel and unknown to the people of this country.

"The first subject of inquiry of your Committee has been, into the causes which led to the adoption of a measure which did not appear to manifest that regard for the ancient laws and institutions of this province which so evidently characterized His Majesty's Government generally; and here abundant proof was afforded to your Committee, that a policy so adverse in its spirit to the general policy of His Majesty's Government towards this colony arose, not from any intermission of that regard, but from extrinsic circumstances,

"The examinations upon this matter, taken before your Committee, will be found in the Appendix to this Report, under the letter B."-For an extract of these examinations, see Appendix, No. XII., of the present Work.

which it was not in the power of your than partially explore.

Committee to more

"So early as the year 1775, His Majesty was graciously pleased, by his instructions to Guy Carleton, Esq., CaptainGeneral and Governor-in-Chief in and over the province of Quebec, in America, and of all the territories dependent thereupon, dated St. James's, the 3rd of February, 1775, with other matters relating to the good government of this province, to order, as follows:

38. 66 6 By our Commission to you, under our Great Seal ' of Great Britain, you are authorized and empowered, with the advice and consent of our council, to settle and agree 'with the inhabitants of our said province of Quebec, for

6

such lands, tenements, and hereditaments, as now are, or 'shall hereafter be in our power to dispose of. It is there'fore our will and pleasure, that all lands which now are, or 'hereafter may be subject to our disposal, be granted in fief or seigneurie, in like manner as was practised antecedent to 'the conquest of the said province, omitting, however, in any grant that shall be passed of such lands, the reservation ' of any judicial powers or privileges whatever: and it is our 'further will and pleasure, that all grants in fief or seigneurie, so to be passed by you as aforesaid, be made subject to our ' royal ratification or disallowance, and a due registry thereof ' within a limited time, in like manner as was practised in ' regard to grants and concessions held in fief and seigneurie ' under the French Government.'

"That, in the year 1786, His Majesty was graciously pleased, by such articles in the instructions to Lord Dorchester as are not contained in the instructions to Guy Carleton, Esq. in 1775, also a copy of such articles, or parts thereof, in the same instructions to Guy Carleton, Esq. in 1775, to order as follow:

40. "Whereas, many of our loyal subjects, inhabitants ' of the colonies and provinces, now the United States of America, are desirous of retaining their allegiance to us, and of living in our dominions, and for this purpose are