Wednesday, July 31, 2013

Circular Letter from Henry Motz, Quebec to Land Boards etc. concerning distribution of lands.

Documents relating to the granting of lands to Loyalists in the Province of Quebec (includes present day Quebec and Ontario).

Transcriber: Edward Kipp
January 2011
Source: Library and Archives Canada

RG1 L4 Vol. 3 LAC mf C-14026. PP. 280-287. Land Board Minutes and Records. Circular Letter from Henry Motz, Quebec to Land Boards etc. concerning distribution of lands.

Circular       Quebec 19th January 1790

[In the margin]
The Schedules of locations from the Surveyor General’s Office not being completed for transmission will be sent by the next conveyance H.M.

[P. 1]
A Schedule of the locations, made in your district, by the Surveyor General’s office, is transmitted to you by this conveyance agreeable to the fifteenth Article of the Rules and Regulations for the conduct of the Land Office department of the 17th February last.

If the Board shall not have already received the report directed by the first article of the additional Rules and Regulations of the 25th of August last to be made to then by the Acting Surveyor of the district it is Lord Dorchester’s desire that they call upon him to render the same with all convenient speed in order to enable the Board to communicate such full information to His Lordship, in pursuance of the said Article as the interest of the district requires.

The Board will perceive that for this purpose their report should exhibit

1. An accurate map of the district or of such parts at least as are occupied or claimed by individuals under

any pretence whatever, to be prepared, if not already done, by the Acting Surveyor of the district.
2. The names and descriptions of all the actual occupants, or claimants, of any Lands in the district.
3. The number of Acres occupied or claimed by each.
4. The situation and dimensions of all tracts occupied, or claimed, by letters and numbers of reference corresponding with the map.
5. The grounds of all such claims or pretensions, whether as reduced officers, or otherwise, under the King’s instructions of 1783, or under the order of the Governor in Council of the 22d October 1788, or under the Rules and Regulations for the conduct of the Land office department of the 7th of February and the 25th of August 1789, or any special order of the Governor in Council, or in any other way whatever, with the proofs of all such allegations, by documents, affidavits or otherwise, carried as high as the nature of the case will admit.
6. The authority by which all such occupants, or claimants have obtained possession of the respective tracts, whether by authority of special orders of the Governor in Council description of the spot and dimensions, by authority of certificates of location from the Surveyor General or Deputy Surveyor General of such a nature or by certificates of the Board and the Acting Surveyor in consequence thereof, or any authority

whatever, specifying the dates of all such authorities and the period, at which the lands were taken possession of.
7. The actual state of the improvements made on all tracts occupied, or claimed, whether by any authority, or not, upon such satisfactory proof, as is required by the fifth article.

These particulars being fully spread before the government, with such further observations, as local knowledge, and experience, may suggest to the Board, will pave the way for a clear course, by legal grants, agreeable to the King’s instructions, to secure to all bona fide settlers, (whether located erroneously or in the regular mode, the fruits of their industry, upon lands, the possession of which they may reasonably expect to be confirmed to them, and on the other hand, to approve such whose pretentions shall be found in admissible of their precarious situation.

For the guidance of the Boards, in taking the necessary proofs required by the fifth and seventh articles aforementioned and forming accurate opinions and reports upon those cases respectively, I am to add the following observations.

The King’s instructions to the Governor in 1783 direct allotments of land to be made to Loyalists, and such officers of the Provincial Troops and to such non commissioned officers and privates of the King’s Forces in general, as may be reduced in the

Province of Quebec, and shall be willing immediately to settle and improve the said lands, upon their application in the following proportions, that is to say,
To every Field Officer one thousand Acres,
To every Captain Seven hundred Acres,
To every Subaltern, Staff & Warrant Officer Five hundred Acres,
To every non commissioned Officer Two hundred Acres,
To every Private man one hundred Acres.
To every Loyalist being the master of a family one hundred Acres.
exclusive of Fifty Acres for each person, of which the family of such Officer, non commissioned Officer, private or Loyalist shall consist, and fifty acres for every single Loyalist.
Such Commissioned & Non Commissioned Officers and privates, of the Corps, known and distinguished by the name of the Corps of Associated Loyalist, as may take refuge in the Province of Quebec, are by the same Instructions to be in every respect entitled to the same allotments of land, and every encouragement intended and given by the said instructions, to the Commissioned Officers, non commissioned Officers and privates of the Provincial Forces, who shall be so reduced.

The King’s instructions to the Governor relative to the late 84th Regiment direct allotments to be made to them, in the following proportions, that is to say,
To Field Officers Five Thousand Acres
To Captains Three Thousand Acres

To Subalterns Two Thousand Acres,
To Non Commissioned Officers Two hundred Acres,
To Privates Fifty Acres.

The Governor’s Order in Council of the 22d October 1788, upon certain petitions of reduced Provincial Officers, praying an equal bounty, in regard to allotments of lands, with the Officers of the late 84th regiment, is in favour of all such Officers, as have improved the lands already granted to then as reduced Officers since the peace of 1783, referring it to the Surveyor General, or Deputy Surveyor General, to make returns of their locations, and directing him to give them certificates thereof under his hand, as further testimonials of the faith of government for issuing the patents pursuant to His Majesty’s instructions, if they shall apply for their several locations, in the course of one year to be completed from the 1st day of May 1789, adding that it is to be understood, that deductions are to be made of all such tracts, as have been already granted to any of the objects of this order, that upon the whole they may receive equivalents with the Corps of the 84th regiment.
The King’s Instructions aforementioned being in both instances addressed to the Governor it follows, that neither of them can be applied and executed, by any

Subordinate Officer, without special authority for that purpose from the Governor, with the concurrence of the Council who are by the Royal Instructions, joined with him in the trust of disposing of the waste lands of the Crown, and the Governor’s Order in Council of the 22d October 1788 being directed to be executed by the Surveyor General or Deputy Surveyor General, is of course under the same predicament with regard to any other subordinate Officer.

I am further to observe upon this occasion that the Royal indulgence granted to all Loyalists settled under the King’s instruction of 1783, with regard to their obtaining patents for their allotments, free of any expense, is to be understood to extend not only to the patents for the lands so to be allotted to them under the aforementioned Instructions but also to those, for any subsequent allotments, by Provincial authority, whether the additional bounty of 1787, or under the Orders of the Governor in Council of the 22d October 1788, and the 9th November 1789, or otherwise.

The Boards are therefore to take care that the Clerks which they may find it necessary to employ under His Lordship’s directions, signified in my circular letter of the 2d April last, do not accept of any fees whatever, from any of the Loyalist, who have adhered to the Unity of The Empire, and joined the Royal Standard, before the treaty of Separation in

the year 1783, or any of their children and their descendants by either Sex. But, whenever the emoluments, arising from such fees as may be taken under the aforementioned letter from all other settlers, shall in the opinion of the Boards, not amount to an adequate compensation for the services to be performed, by their Clerks, the Boards are to transmit the state of the actual receipts, and further reasonable claims of their Clerks, with the certificate and recommendation of the boards, for the consideration of the government.

His Lordship trusts the Boards will take the most effectual means to bring the Loyalists acquainted with this and every other article of which it is material to their general interest and comfort to be informed.

I am Gentlemen
your most obedient
humble Servant
Henry Motz

To Major Murray 60th Regt or
Officer Commandg at Detroit

Wm Dummer Powell
Duferon Baby
Alexander McKee
William Robertson
Alexander Grant
Lt. Martin Adhemar,   Esquires or any three of them. District of Hesse.

Circular Letter from Henry Motz Quebec 19th Jany 1790
Entd by D W Smith.  Register Page 99.

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