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The Role of Crown Land Agents and Surveyors in the Distribution of Crown Lands in Upper Canada, 1837-1870

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The Role of Crown Land Agents and Surveyors in the Distribution of Crown Lands in Upper Canada, 1837-1870 CROWN LAND AGENTS AND SURVEYORS IN UPPER CANADA AGENTS OF PROGRESS: THE ROLE OF CROWN LAND AGENTS AND SURVEYORS IN THE DISTRIBUTION OF CROWN LANDS IN UPPER CANADA, 1837-1870 By MICHELLE VOSBURGH, B.A., B.ED., M.A. A Thesis Submitted to the School of Graduate Studies in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy McMaster University © Copyright by Michelle Vosburgh, July 2004 DOCTOR OF PfllLOSOPHY (2004) McMaster University (History) Hamilton, Ontario TITLE: Agents of Progress: The Role of Crown Land Agents and Surveyors in the Distribution of Crown Lands in Upper Canada, 1837-1870 AUTHOR: Michelle Vosburgh, B.A. (Brock University), B.Ed. (Brock University), M.A. (McMaster University) SUPERVISOR: Dr. John C. Weaver NUMBER OF PAGES: vi, 166 ii ABSTRACT The distribution of land was one of the largest tasks of the colonial government in Upper Canada. This dissertation reviews that monumental distribution of resources from the perspective of those government agents, Crown land agents and surveyors, who gave practical effect to an array of policies, including the distribution of land to individuals, within the period when land sales, rather than free grants, dominated the land policy beginning in 1837 until 1870, by which time arable land was in short supply. While the land policies of Upper Canada have been examined in detail, little research exists to shed light on the application of those policies with regards to actual settlers. Notably, the place of cultural and social values with regards to settlers and land allocation has been disregarded, especially in terms of the ideas of worth and worthiness. Most research in this field has focussed on politics, political development, state formation, and the role of the elite. Yet, the concern of government agents was not centred solely on maintaining strict government contro~ but also on acting as advocates for those settlers who were seen as making a contribution to the growth of a successful colony. In mediating between the government and the people, agents expressed their own ideas about the meaning of land ownership and who would make the best settlers, especially with regards to squatters. The presence of an active pre-patent market in land claims further expanded the role of agents into one of adjudicators. Evidence shows that surveyors and land agents seemed more concerned with applying what they saw as the spirit, rather than the letter of the official land policy. They sought to encourage settlement and improvement in order to create a stable and prosperous society which had as its foundation successful family farms. iii ACKNOWLEDGEMENTS Grateful acknowledgement is made to McMaster University, O.G.S. and S.S.H.R.C. for their financial assistance. The assistance from the staff at the Archives of Ontario, the Wellington County Archives, and the National Archives made the research an enjoyable and productive undertaking. I would like to express my gratitude to my supervisor, Dr. John Weaver, whose graduate course in frontier history first peaked my interest, and whose direction and assistance has challenged me and encouraged me. Although the words seem very inadequate for all lowe to him, thank you very much. I would also like to thank the members of the committee, Dr. Ken Cruikshank, Dr. Ruth Frager, and Dr. Stephen Streeter. Dr. Michael Gauvreau, Dr. Wayne Thorpe, Dr. David Barrett, Dr. Virginia Aksan, Dr. David Russo, and Dr. Harvey Levenstein from the McMaster history department also deserve many thanks. I cannot leave out Mrs. Rosemary Best and Dr. Alan Arthur, Dr. Patricia Dirks, Dr. Wesley Turner, and Dr. Carmela Patrias in Brock's history department, and Dr. Michael Ripmeester, with whom I studied historical geography at Brock. I would like to thank my dear friends, Sherry, Brian, Rebecca, and Matthew Thompson, Scott and Annmarie Middleton, Brandon Lampman, and Aaron Middleton, Linda Perrie, Sarah and Dean Morrison, Kathy and Steve Boose and Mark Massei for their support over the years. I would also like to thank David Casburn, whenever I have felt overwhelmed by demands his good humour has been a lifeline. The Pelham Historical Society deserves special mention, particularly Mary and Bill Lamb, who hired me as a summer research assistant. The society helped to finance my education and their continued interest in my work has been greatly appreciated. I cannot leave out the many new friends I have made on the fourth floor of Chester New Hall: Larissa Douglass, Dan Gorman, Ken Macmillan, Sean Gouglas, Wendy Churchill, Heather Nelson, Rhonda Hinther, Dave Leeson, Angie Graham, Mauro Marsella, Erica Dyck, Erica Hauschild, Jessa Chupik, Tabitha Marshall, Barbara Gribling, David Greenspoon, Neil White, Michele Haapamaki, and all the other fourth floor inhabitants. Greg Stott, the other "survivor," has become a very good friend although rather competitive about completion of the thesis. Greg's hospitality in hosting cottage weekends has already become legendary. Finally, I would like to thank my parents for their encouragement and financial support of my extended educational endeavours. My brother, Chris, has also been a quiet source of strength, good humour and good advice. While they have not always understood why I have spent so much time in school, encouragement from my aunts, uncles and cousins has been important to me. This thesis is dedicated to the memory of my grandparents, Ernest and Willa Adams, and Harry and Lena Vosburgh. It is also in memory of my uncle, Lloyd Adams and my uncle, Leonard Vosburgh. Uncle Len had always teased my dad by telling me I could stay in school as long as dad was working. I think Uncle Len would have laughed to hear that New Life Mills decreed that dad was to retire within weeks of convocation. Michelle Vosburgh iv TABLE OF CONTENTS Chapter 1: Introduction to the Thesis and Review of the Literature p.l Chapter 2: Serving the Government and the Public: Crown Land p.3S Agents and Surveyors Chapter 3: Serving the "Public Interest": Crown Land Agents and p.S6 Surveyors as Mediators in the Distribution of Crown Lands Chapter 4: Crown Land Agents and Surveyors on the Front Lines p.88 Chapter 5: "Irregularities" and "Trafficking in Public Lands": p.lll Investigations of Crown Land Agents Conclusions p.147 Bibliography p.ISI v LIST OF TABLES Table 2:1 Length of Appointment of Crown Land Agents, 1839-c.1866 p.41 Table 5:1 Crown Lands Sold in Canada West, 1848-1857 p.117 Table 5:2 Lands offered for sale by non-resident land owners in the p. 124 agency of John Clark, CLA, Huron, 1 February 1857 LIST OF MAPS Figure 4:1 Lots 29 and 30, Concession 15, Alice Township, Sketch by p.101 John Morris, P.L.S., 1855 vi Ph.D. Thesis - M Vosburgh McMaster - History Chapter 1: Introduction to the Thesis and Review of the Literature The distribution of Crown lands in Upper Canada was the greatest task undertaken by the government of that colony until it became a part of the Dominion of Canada in 1867. Originally established as a place of refuge for Loyalists from the United States, land, accordingly, was first distributed in the colony as a reward for loyalty for those refugees. Land grants were the accepted means of disposition of Crown lands until 1827, when, in need of money, the government first decided to implement land sales. The evolution of the land policy of Upper Canada was most dramatically affected though, by the events of 1837-38, when protest gave way to armed rebellion in both Upper and Lower Canada. The principle aim of the rebels in Upper Canada was to unseat the conservative elite who ruled. The response to that uprising, both within the colony and in Great Britain, was characterized by a concerted effort to reform the governance of the colony, including the distribution of Crown lands. This thesis will examine that period of time after the 1837-38 Rebellions until the end oflarge-scale distribution of Crown lands around 1870, when the limits of arable agricultural land in Upper Canada had been reached. One of the significant aspects of this period of land distribution was the presence of Crown land agents, men responsible for the sale of Crown lands within local jurisdictions, usually one or two counties, and their counterparts, Provincial land surveyors who carried out inspections of Crown lands. Working within a context where competition for land was growing as the population grew and the availability of arable land was shrinking, these men found themselves at the centre of a dynamic process. They had to work between the government's need for revenue from the Crown lands and the government's moral responsibility to see the land put into the hands of settlers and put into production as quickly as possible. They also found themselves in the middle of the struggle for land between settlers, squatters and speculators. Generally, these men worked within a moral economy to ensure that bOlla fide settlers (even when the settlers were squatters) had access to reasonably-priced lots and had the opportunity to become successful farmers in order to encourage the settlement of Upper Canada and its future prosperity. Over the course of this period, the competition for land became increasingly fierce. Although the official land policy became more sympathetic with the Crown land agents and surveyors' attitudes over the same period, especially becoming more lenient towards squatters, these men still found themselves under considerable pressure. Squatting appeared even more frequently as settlement advanced and the supply of arable land shrank, and a new group of squatter-speculators emerged as important players in the competition for land. Both large and small-scale speculators, looking to take advantage of the profitable market for land, became more adept at using loopholes in the system to 1 Ph.D.
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