Land Minute Books of the Executive Council [textual record]
Notice descriptive – Brève
Land Minute Books of the Executive Council [textual record]
- Niveau hiérarchique :
- Date :
- Référence :
- R11250-8-5-E, RG1-L1
- Genre de documents :
- Documents textuels
- Trouvé dans :
- Archives / Collections et fonds
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- Contexte de cette notice :
Notice descriptive – Détails
- Série comprend :
9 description(s) de niveau inférieurVoir description(s) de niveau inférieur
- Date(s) :
- Lieu de création :
- Étendue :
- 70.4 cm of textual records.
- Langue du document :
- Portée et contenu :
Series consists of minute books which record the deliberations and decisions of the Executive Council, sitting as a land committee, concerning land business during the period 1841-1867. These records are commonly known as the "Land Books." The sequence of entries within the volumes is chronological, such that a report appears according to the date of its presentation, rather than by its date of preparation. The practice of inscribing the meeting date at the head of each page makes this more obvious. A table of contents and a nominal index of petitioners is generally found within each individual minute book, although these indexes have been superseded by finding aid MSS1802 (described elsewhere within this entry). Two sets of minute books were maintained to record separately the deliberations and decisions of the Executive Council concerning its land and its state business. The evidence shows that the Executive Council did not necessarily hold separate meetings for its land and state work. Rather, on those days on which the Council met to address both state and land matters, two separate agendas were presented and the proceedings and decisions were then recorded in the different minute books. However, there were many instances in which the Executive Council met solely in its capacity as a land committee in order to discuss and decide matters of land disposition. A common pattern of procedure reflected in the minute books of the early 1840s saw His Excellency lay before the Council meeting for approval the reports of the committee variously titled "Committee of Council on sundry land petitions" or "Committee of Council on sundry land matters." In later years, the recommendations made in these committee reports were, themselves, often simply endorsements of reports made by the Commissioner of Crown Lands. However, in some cases, sundry land matters were placed before Council by the governor for advice without first having been considered by a committee. On those occasions when the Governor in Chief attended the meetings, decisions took the form of orders. In the absence of the Governor in Chief, the decisions made in the reports took the form of recommendations only, subject to subsequent confirmation of approval by the Governor in Chief. The decision on a specific petition was frequently inscribed as an endorsement on it. When the decision was extracted from the minutes to serve as authorization for subsequent action, it took the form of an order-in-council. The line of distinction between "land" and "state" issues was not always clearly maintained in the two sets of land and state minutes. Matters relating to particular land grants, leases and associated topics were documented in the land minute books. Land-related issues of a broad or policy nature, on the other hand, were generally considered to be "state" matters and are found documented in the state minute books. As a result, one finds records of land-granting policy, of the acquisition and distribution of Indian lands, of military reserves (Ordnance lands transferred to civil control), and similar topics documented in the state minute books.
- Instrument de recherche :
Textual records (Papier) The CAB RG 1 Shelf List (see RG 1, L1 section) is a typed volume-level description which provides volume titles and inclusive dates and corresponding microfilm reel numbers. The Shelf List also correlates the current volume number (assigned by the National Archives) to the letter designation (A, B, C, ... I) assigned to each volume by the records creators. CAB RG1 Shelf List (90: Ouvert)Textual records (Papier) The finding aid is an alphabetically-arranged card index by name of petitioner, commonly called the Upper Canada Land Index, provides nominal access to both the Land Books in this series and the land petitions in the Land Submissions to the Executive Council series (found elsewhere within this fonds). Petitions on behalf of groups were indexed, but not necessarily under modern headings. MSS1802 (90: Ouvert)Textual records (Papier) In that Finding Aid MSS1802 serves two series in this fonds, additional comments on its use will be found in the descriptive entry for the Land Submissions to the Executive Council series. Included there are comments about the correlation of Land Book and petition references, which are useful in those situations where the index provides only a Land Book entry or a petition reference, but not both. MSS1802 (90: Ouvert)Textual records (Papier) The index cards have been microfilmed on reels C-10810 to C-10836 and H-1976 to H-1978. CAB RG 1 Shelf List (see RG 1, L3 section) includes a microfilm shelf list for these reels. This shelf list indicates the range of petitioner names appearing on each reel (e.g., reel C-10810: from Aaron (Mohawk Chief) to Baker, G. W.). When using the microfilm of the index, researchers should search under possible variant spellings of a surname, and watch for inconsistencies in the filing order of the cards. MSS1802 (90: Ouvert)Textual records (Papier) As the card index identifies the page reference for a Land Book or the alpha-numeric reference for a petition, copies of the CAB RG 1 Shelf Lists (L1 and L3 sections) were included as a preface to each reel when the index was microfilmed so that users may identify the corresponding microfilm reel numbers for the petitions. Finally, users should note that this finding aid also serves both the Land Books and land petitions for the Province of Upper Canada, 1791-1841, records not found in this fonds but, rather, in the Records of the Executive Council Office of the Province of Upper Canada fonds. MSS1802 (Limites non établies)
- Information additionnelle :
- Note de citation/référence :
- Suggestions on proper citation style for the records in this series are provided in the CAB RG 1 Shelf List (see RG 1, L1 section). To the extent to which land policies and practices developed in Upper Canada were continued after the Union of the Canadas, some of the secondary sources which focus on land disposition in Upper Canada remain a useful prologue to the post-1841 period. See, for example, Lillian F. Gates, Land Policies in Upper Canada (Toronto: University of Toronto Press, 1968), and Patricia Kennedy's Introduction to the Index to the Upper Canada Land Books - Volume 3 (January 1806 to December 1816) (Toronto: Ontario Genealogical Society, 2001). The evolution of the office of the Commissioner of Crown Lands is discussed at length in J. E. Hodgetts, Pioneer Public Service, An Administrative History of the United Canadas (Toronto: University of Toronto Press, 1955), although this source has little to say about the role of the Executive Council in land disposition.
- Note sur les autres formats physiques disponibles :
- Microfilmed copies of vols. 40-48 are available on reels C-107 to C-110. Microfilming was completed in 1951. For lists correlating volume numbers with microfilm reel numbers, see the finding aid cited elsewhere within this descriptive entry. Users of the microfilm should note that the records are not identified on the reels according to the current volume numbers (vols. 40-48) or current series title. Rather, they are identified by the letter designations assigned to each bound volume by the records creators (i.e., A, B, C, ... I) and by the dates of the material present in each volume. To avoid confusion when using the microfilm, users should pay close attention to the descriptions provided in the finding aid. Microfilming of the card index which serves the above-noted records (finding aid MSS1802) was carried out in 1981 with supplementary entries filmed in 1991.
- Groupes de documents reliés :
The land granting process was complex and involved many officials. Records relating to land are found in other fonds at the National Archives. For example, matters of policy are the focus of land-related records found in the Office of the Governor General of Canada fonds (R-178, formerly RG7). Matters of practice relating to individual cases are the focus of land-related records found in RG 4 (Records of the Civil and Provincial Secretaries, Quebec, Lower Canada, and Canada East) and RG 5 (Records of the Civil and Provincial Secretaries, Upper Canada and Canada West). Operational records of the Surveyor General and other officials, on the other hand, are found in the provincial archives of Quebec and Ontario. Duplicates of minutes were prepared at various times by the Clerk of the Executive Council. Practice required that a full set of the minutes be regularly sent to the Colonial Office for its information. The volumes in the present series, however, were maintained as the official record. Contemporary copies of Executive Council minutes sent as enclosures to despatches from the Governor to the Colonial Office are found in the CO 42, Canada, formerly British North America, Original Correspondence series (MG11-CO42) within the Colonial Office fonds, or in the Duplicate Despatches fonds (MG40-A2). Practice varied over time, and the enclosures were not always retained with the despatches, so those series are quite incomplete. The submissions (petitions and other documents) to the Executive Council on land business, upon which the minutes were based, are found elsewhere within this fonds in the Land Submissions to the Executive Council series. The Rough and Draft Minutes and Reports of the Executive Council series, found elsewhere within this fonds, also includes records which document the land functions of the Executive Council during the period 1841-1867 and which complement the minutes found in the present series. For various land-related records maintained by the Clerk of Council, see the Office Records of the Clerk of the Executive Council series, found elsewhere within this fonds. The minutes of decisions, when written out in the form of extracts from the minute books are known as Orders-in-Council and serve as authority for actions. Copies of Orders-in-Council may be found scattered in different series within this fonds, while others may be located among the records of their recipients - such as the Surveyor General, the Attorney General or the Inspector General. The Clerk of the Executive Council of the Province of Canada did retain a complete set of Orders-in-Council for reference purposes. For those which survive, see the Orders-in-Council of the Executive Council series, elsewhere within this fonds. Where an Order-in-Council cannot be located, the researcher should consider the corresponding minute recorded in the minute book to be an equally valid record of the authorization granted for some action.
- Source :
- Ancien no de référence archivistique :
Pour réserver ou acheter des documents
- Conditions d'accès :
- Modalités d'utilisation :
In order to protect the fragile originals, the records in this series have been microfilmed and the originals withdrawn from circulation. The microfilm must be used for consultation and copying rather than the originals.
- Date de modification :