The following extract of a letter will explain itself:
“For the Kingston Gazette, June 1st, 1816.”
“It has long been a subject of deep regret in the minds of judicious persons, that the inhabitants of this Province should be so neglectful as they are in securing their titles of real estate. When the country was first settled, the grants of land from the crown, on account of the existing state of the Province, could not be immediately issued. The settlers, however, drew their lots and went into possession of them, receiving only tickets, or certificates, as the evidence of their right to them. In the meantime, exchanges and sales were made by transfers of the possession with bonds for conveyances when the deeds should be obtained from the Crown Office.
“This practice of transferring land by way of bond, being thus introduced, was continued by force of usage, after the cause of its introduction was removed. In too many instances it is still continued, although, by the death of the parties, and the consequent descent of estates to heirs under age, and other intervening privations, many disappointments, failures, and defects of title, are already experienced; and the evil consequences are becoming still more serious, as lands rise in value, become more settled and divided among assignees, devisees, &c. In a few years this custom, more prevalent perhaps in this Province, than elsewhere, will prove a fruitful source of litigation, unless the practice should be discontinued.”
In connection with free grants of land, and a certain degree of indifference as to the value, there must necessarily arise more or less speculation or land-jobbing.
Sir William Pullency has been called the first land-jobber in Canada. In 1791, he bought up 1,500,000, at one shilling per acre, and soon after sold 700,000 at an average of eight shillings per acre. But land-jobbing is not peculiar to Canada, nor has its practice militated against the public character of eminent men, either here or abroad. General Washington was not only a Surveyor, but an extensive land-jobber, and thereby increased immensely his private fortune.
We have seen elsewhere, that a few private individuals were wont to buy the location tickets of all who desired to part with them, or whom they could induce to sell. In this way a few individuals came to own large quantities of land, even from the first. Afterward, there was often conferred by the authorities, quantities of land upon those connected with influential persons, or upon favorites. Subsequently the mode of reserving Crown and Clergy lands increased the evil. And it was an evil, a serious drawback; not alone that, but favorites procured land without any particular claim or right. The land thus held in reserve, being distributed among the settled lots in the several townships, was waste land, and a barrier to advancement. Each settler had to clear a road across his lot; but the Government lots, and those held by non-residents, remained without any road across them, except such paths as the absolute requirements of the settlers had caused them to make. In this way, the interests of the inhabitants were much retarded, and the welfare of the Province seriously damaged. The existence of the Family Compact prevented the removal of this evil, for many a year, while favorites enjoyed choice advantages. In 1817, “The House of Assembly in Upper Canada took into consideration the state of the Province, and among other topics, the injury arising from the reserve lands of the Crown and the Clergy.” In laying out the townships in later years, “The Government reserved in the first concession, the 5th, 15th, and 20th lots; and the Clergy the 3rd, 10th, 17th, and 22nd. In the second concession, the Crown reserved the 4th, 11th, 21st, and 23rd; and the Clergy, the 2nd, 9th, and 16th. And thus in every two concessions, the Crown would have three lots in one, and four in the other, or seven in all; and the Clergy the same; or 14 lots reserved in every 48, or nearly one-third of the land in each concession, and in each township. The object of the reservation was to increase the value of such land by the improvements of the settlers around it. The object was selfish, as the reserve lands injured all those who did them good. It was difficulty enough to clear up the forests; but to leave so many lots in this forest state, was a difficulty added by the Crown. To have one-third of a concession uncleared and uncultivated, was an injury to the two-thirds cleared and cultivated. Large patches of forest, interspersed with cultivated land, obstructs the water courses, the air, and the light; nurtured wild animals and vermin destructive to crops and domestic creatures around a farm house; and especially, are injurious to roads running through them, by preventing the wind and the sun from drying the moisture. Besides, no taxes were paid by these wild lots for any public improvements; only from cultivated lands. The Assembly, however, were cut short in their work of complaint, by being suddenly prorogued by the Governor, whose Council was entirely against such an investigation. Here was the beginning of the Clergy Reserve agitation in the Provincial Parliament, which continued for many years.”—(Playter.)
In this connection, the following extract from a report of Lord Durham, will be found interesting:
“By official returns which accompany this report, it appears that, out of about 17,000,000 acres comprised within the surveyed districts of Upper Canada, less than 1,600,000 acres are yet unappropriated, and this amount includes 450,000 acres the reserve for roads, leaving less than 1,200,000 acres open to grant, and of this remnant 500,000 acres are required to satisfy claims for grants founded on pledges by the Government. In the opinion of Mr. Radenhurst, the really acting Surveyor-General, the remaining 700,000 consist for the most, part of land inferior in position or quality. It may almost be said, therefore, that the whole of the public lands in Upper Canada have been alienated by the Government. In Lower Canada, out of 6,169,963 acres in the surveyed townships, nearly 4,000,000 acres have been granted or sold; and there are unsatisfied but indisputable claims for grants to the amount of about 500,000. In Nova Scotia nearly 6,000,000 acres of land have been granted, and in the opinion of the Surveyor-General, only about one-eighth of the land which remains to the Crown, or 300,000 acres is available for the purposes of settlement. The whole of Prince Edward’s Island, about 1,400,000 acres, was alienated in one day. In New Brunswick 4,400,000 acres have been granted or sold, leaving to the Crown about 11,000,000, of which 5,500,000 are considered fit for immediate settlement.
“Of the lands granted in Upper and Lower Canada, upwards of 3,000,000 acres consist of ‘Clergy Reserves,’ being for the most part lots of 200 acres each, scattered at regular intervals over the whole face of the townships, and remaining, with few exceptions, entirely wild to this day. The evils produced by the system of reserving land for the Clergy have become notorious, even in this country; and a common opinion I believe prevails here, not only that the system has been abandoned, but that measures of remedy have been adopted. This opinion is incorrect in both points. In respect of every new township in both Provinces reserves are still made for the Clergy, just as before; and the Act of the Imperial Parliament which permits the sale of the Clergy Reserves, applies to only one-fourth of the quantity The select committee of the House of Commons on the civil government of Canada reported in 1828, that “these reserved lands, as they are at present distributed over the country, retard more than any other circumstance the growth of the colony, lying as they do in detached portions of each township, and intervening between the occupations of actual settlers, who have no means of cutting roads through the woods and morasses, which thus separate them from their neighbours. This description is perfectly applicable to the present state of things. In no perceptible degree has the evil been remedied.