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]
Gentlemen
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
[P.2]
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
[P.3]
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
[P.4]
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
[P.5]
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
[P.6]
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
[P.7]
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.
[P.8]
Circular
Letter from Henry Motz Quebec 19th Jany 1790
Entd
by D W Smith. Register Page 99.
