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    Europe , according to documents contemporary with the events , ( see authors cited by Von Savigny ' s * History of Roman Law in the Middle Ages /) were settled by the division of the conquered territory between the conquerors , reserving a proportion of the farms under cultivation at the time of the conquest in the possession of the ancient Roman or Romanized proprietors , giving a large proportion to the king . The territory not claimed by title founded on that division at the conquest , as well as the lands to

    which no rightful heir or successor could be found , and the farms deserted and allowed to fall to waste , and , lastly , the waste lands or woods over which the original grantees had not , for some generations , exercised rights of ownership , became the property of the State or Crown lands . By this ancient scheme of

    proprietorship the King of France was proprietor of the waste land of Canada prior to the conquest in 1760 , and the French Crown , bat for that conquest , would have been entitled to the Jesuits ' Estates in Canada , on the abolition of that fraternity . If our Government were so weak as to yield the right of property to the French occupiers of the seignories , Louis Philippe would have a fair claim to the waste lands , as representing the State which our Government had consented to consider as still subsisting in Canada . A writer in the ( Courier' uses some phrases of Latin text writers and French law unadvisedly , but to his mistakes we need not refer ; the very subscription to his correspondence

    ( Fecialis ) betrays his party . What ! do the seignors array themselves for battle against the State ? the sooner they are made a cargo for the Tower the better . But the paltry opposition of the Quebec and Montreal orators must not be dignified with the consideration of rebellion : we shall proceed as if they had fairly brought the question to trial in a civil action . If they are not lords of the boil , they claim to have all its revenue for the public oervice . There is a letter of William Pitt according this . Pitt had no power to cede the ordinary revenue of the Crown ; it is inalienable , except by Act of Parliament . And if the French party of Papineau were determined to have their bond , in the case of any inconsiderate surrender of the ordinary revenuo of the Crown having been made by a corrupt Administration or an unreformed Parliament , there would be a fair case of lien on this

    fund for all the outgoings from the British customs , and other branches of the extraordinary revenue ( in Britain , for in Canada , as we have stated , the custo m ** and other supplies have been , year after year , withheld ) , in support of the establishment of Lower Canada , particularly its canals , bridges , fortifications , and military expeditions , which were in Europe payable by the land generally from the <* arlio * t era of the modern State * . We aee , thffTtiore , no ground upon which the exclustvea of the Richelieu and St . Francis can support themselves in denying bread and a home to the British labourer . Much , however in these d ay * i »

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    549 Canada .

• Citation
  • Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Aug. 2, 1835, page 542, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2648/page/42/