extensively circulated in the United States and addressed to "such as are desirous to settle on the crown lands in Canada,” a very large number of applications had been made, and they had been accumulating since that date. Only a small proportion of the applicants were known, but no attempt was made to determine their character. Orders were issued to the surveyor-general to lay out 150 townships, with the understanding that those subscribing to the petitions were to receive 1,200 acres, the demands of those associated with them to be left for consideration.

Several of the applicants arrived from the States, but no regulation had been laid down for administering the oath of allegiance, and the land remained unsurveyed. In consequence, several took possession of lots. The oaths were not administered until 1794. The surveys proceeded slowly, the condition being that one-half of this expense was payable by the government and half by the owners of the lots. Owing to the non-completion of the surveys, several parties became impatient and left the province. Many had entered on occupation; of this class, several sold their claims to speculators. In 1794 regulations were laid down that in a grant of 1,200 acres, two acres to the 100 must be cleared in the first three years, and five acres to the 100 in the ensuing four. These rules were regarded as satisfactory. No objection was raised against the fees; the only demand was that they should be low. Steps were also taken to secure the two allotments of one-seventh for the protestant clergy and one-seventh for the crown reserves.

The commissioners having been appointed to administer the oaths, advertisements were published which called for the names of the applicants with their associates. The commissioners were withheld from offering the oath until examination had been made as to the character of the applicant. Prescott asserts that any attempt to carry out this regulation was impracticable. In January, 1795, the time for granting the lots was limited to the 1st of August, after which date settlement would be open to demands made

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SETTLEMENT OF LAND.

459

from other quarters. In consequence, at the commencement of 1796 fresh applications were received. Such of the earlier petitioners as had heard that the names given by them had been rejected, presented memorials, stating they had endeavoured to comply with the government regulations. Many had been at great expense in making surveys, clearing land and opening roads; some had built mills. As of this class several had sold their claims, the purchasers petitioned for a title to the land which they had bought under these circumstances.

According to Prescott, such was the condition in which matters stood when he assumed the government. The question was referred by him to a committee of the council, and their report was laid before the duke of Portland. Prescott's solution of the difficulty was that those who had made substantial settlement should, with their associates, receive a whole township; those who had simply surveyed the lots, a half township. Those who had placed on record their applications, one-fourth of a township. The purchasers of claims to be treated according to the merit of each claim preferred. The remainder of the lots to be disposed of by sale, except in cases of reservations for the clergy and crown lands.*

To this application Prescott received authority, as a matter of expediency and policy, to carry out his proposed regulations subject to certain limitations.+

The matter in this form was brought before the council, and the view taken by the members was entirely antagonistic to the recommendations of the governor. The report of council expressing these opinions is written with extreme caution and observance of official etiquette. Denuded of this paraphrase, it set forth that the council, to whom the question as to the expediency of giving public notice of

[Prescott to Portland, 3rd of November, 1797. Can. Arch., Q. 79.2, P. 352.]

+ [Portland to Prescott, 7th of Feb., 1798. Can. Arch., Q. 80. 1, p. 6.] [Dated the 20th of June, 1798.]

the regulations had been referred, had formed the conjecture that some accidental omission had taken place in the representations made to the secretary of state, or that the executive government had misconceived his majesty's

instructions. The directions which had been communicated to them had been framed upon the principle of giving encouragement to the very procedure which the executive council had thought it their duty to inhibit and repel. Preference had been shewn to unauthorized settlers, it being notorious that almost all the settlement had been made without title. Moreover, indulgence had been shewn to settlers on reserve lots of the clergy and of the crown. It had always formed, as it were, a common law principle of land granting to repel every attempt to acquire lands by the "robust title of occupancy." The civil commotions and open rebellion which had taken place in the neighbouring states were still remembered in Canada with horror. The executive government of the province had not stopped at the simple enunciation of this principle, but had interposed positive restraint against the system, by the proclamation of last August, which strictly prohibited such intrusion.

The new regulation acted disadvantageously in the case of those of approved loyalty who had obeyed the instructions given by government. Those who had not observed them were of the opposite class. Thus, the former received no reward for their obedience, while consideration was to be extended to the latter. The pretensions of the purchasers of claims, in the opinion of the committee, should be entirely discountenanced, on account of "their unsubstantial character, deception and fraud."

The publication of the regulations was particularly opposed, on the ground that the lawless and obtrusive portion of the population across the frontier would enter the province and take possession of the land, in their idiom, "make their pitch" on the most advantageous spots. In this way the whole crown lands would be occupied by a class without a sentiment of loyalty or gratitude.

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PRESCOTT AND THE COUNCIL.

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Whether Prescott was right or wrong in his views, he had not engaged in the attempt to effect a settlement without examination of the facts, and there can be little doubt of his desire to do right and to act honestly. His character was a resolute one, and he was not easily turned from the purpose he had formed. Therefore, so soon as the report was made known, he prepared a rejoinder, which he desired should be inserted in the minutes.

It set forth that he desired a coincidence of opinion between himself and the council, but in this instance he felt compelled to support a doctrine materially different from that contained in the report. His views were founded on a mature consideration of the royal instructions of the 16th of September, 1791, and other official documents. was in hopes that the difference of view between the council and himself would disappear, owing to the fact that the greater part of the members were not at the board at the early stage of the proceedings, and that the others possibly had lost remembrance of them. He was bound, therefore, to explain what, in his view, was the character of the regulations.

The report of 1797 concerning those persons who had obtained orders for land required no explanation.

The objections urged against the proposed regulations. were that they gave encouragement to a proceeding that the executive council had thought it their duty to inhibit and repel; viz., settlement upon land without title. The regulations, however, were not based upon that principle. They had been rather framed to prevent the evils which must arise from the encouragement that had been given to this irregularity by the executive council. Owing to the representations made to sir Alured Clarke, applicants had received countenance to settle in the townships without observance of the forms prescribed: a proceeding attributable to the insufficiency of land surveyors and to the fact that it would take six months to complete the surveys ordered.

Several of the applicants from the adjoining states, after

receiving assurances of their grants, had returned home. At that date, many hundreds of industrious men were desirous of being received as British subjects; and it had been resolved that means should be adopted to prevent them leaving the province, consequent on their failure to obtain the land. Owing to the difficulty in commencing some of the surveys, it was resolved that hereafter the government should for the time pay the whole cost. It may here be remarked that half of the cost was payable by those receiving the grants.

The report of the 11th of October, 1792, shewed the encouragement which had been extended to settlement.

No inhibition had been declared until August last. He had regarded that proclamation to apply to mere strangers. Had he thought otherwise, he would not have given his consent to it. He did not conceive that those who had come upon the land had done so by "robust title of occupancy." He conceived that the legal grant should be made when there was pretension of right. It was from the clashing of these two principles that the turmoil in the United States had arisen. Other points of the report were also criticised by him. The ground taken was that applicants for land who had settled on it without legal right should be considered as intruders. He learned that, in the thirteen years since the conclusion of the American war, invitations had been given for applications for land. Many had availed themselves of it, "but during the whole length of time only one grant had passed the seal." He had, therefore, carefully examined into the matter. From the opposite character of the opinions expressed, he had laid the case before the home ministry.

In August Prescott addressed a long letter to Portland, written with his own hand, so that its contents should not be known to a clerk. He entered at length into the causes of the dispute, and expressed plainly his distrust of the members of the council. He stated that he had not been many weeks in the country before he discovered that schemes and designs had been formed with persons of

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