Petition of John Hartt, 12 February 1853, Victoria County. Transcription.

That in the Autumn of 1849
Your Petitioner intending to settle in the vicinity of
the Little Falls in the upper part of the Madawaska
settlement had a conversation with the Honorable
Thomas Baillie the Surveyor General relative to the
lot of land on which he now resides and was informed that no land could
be then sold in the Madawaska Settlements but Mr Baillie
referred him to the Indian residing thereon stating that there
would be no difficulty on the part of the Government after
in his settling there safely if he could arrange with the
Indian Your Petitioner applied to Louis Bernard
the Indian residing thereon and who had lived there
sixty years having succeeded his father in the possession
and Bernard agreed to rent Your Petitioner his present
allotment seven pounds ten shillings per year for two
years and after the Expiration of the lease Your Petitioner
agreed with him for the purchase of title thereto which
title was subsequently executed by the said Louis Bernard
and his only son John Bernard and Your Petitioner
has paid upwards of one hundred pounds therefor as the
Indian can testify

That the lot of land comprises only
a small portion of the poorest and least valuable for
agricultural purposes of what is now called the Indian
Land including an area of 30 rods wide extending along
the upper side of the said lot and containing 70 acres not
more than 40 of which are fit for agricultural purposes the rear being a mountain about 9 acres lie between
the River and Highway Road including 8 acres of the flat

That when Your Petitioner settled there there
was no other settler except Bernards and his was
the only house - that he has since cleared up the flats which
was overgrown with bushes by bad cultivation - and
the remainder lying to the rear which was all wilderness
That he has since built two dwelling houses one of which
he has used as a public house - two Stores and two Barns
and several other small buildings and put the whole
under good cultivation having invested in the improvement
of that property the whole product of the labour of his life

Your Petitioner selected the upper part of the lot
from its vicinity to the falls being more convenient for
a business stand though the land is the least valuable
of the whole tract for a farm and by his labour and
Execution the nucleus of the present settlement at the
Little Falls was formed which has enhanced the value
of the land in that vicinity and has assisted to bring
the place into note for since that time Joseph Hebert
moved to a part of the same lot formerly granted to
Semo Hebert - and built and Mr Emmerson -
has also since built on the other side of the Creek and
Your Petitioners House of Entertainment was indispensable
to the travelling public and without which the business
and travelling in that part of the country could not have
been prosecuted with any comfort.

That Louis Bernard has always sold
the hay on the remaining part of the flat and Your
Petitioner has paid him annually twenty five pounds
per year therefor being the highest price he could obtain
and the Indians have been a continual charge upon
Your Petitioner he being compelled to pay for them in
case of sickness or death and to assist them when
in want

That Your Petitioner has recently been notified by the Honorable Attorney General that he is
regarded by the Government as a Trespasser and unless
he makes terms with the Government he will be dealt
with as such

Your Petitioner therefore submits that
in Equity he is entitled to have his title quieted -
if it is at all in doubt - That the Indians through
whom he claims and his Ancestors have occupied the
land upwards of Eighty Years having lived thereon
and cultivated the flat and cut wood and timber
from the highland and the whole flat has been ploughed
up the last fall Assuming the title to be in the
Crown Your petitioner having occupied the land long
before the Treaty of Washington was entitled under
the provision of that Treaty to have had a grant
long since and the improvement he has made and
impetus given to business there by his Exertions strengthens
his claim.

As Your Petitioner wishes to avoid
useless litigation he has briefly
narrated the history of his connection
and settlement at the Little Falls
and what he conceives are sufficient
reasons why he should have his
title quieted - if it should be can be disturbed
but rather than be resolved in
litigation with the Crown he would
pay a reasonable consideration
therefor though he has already paid
the Indians more than its value
without his improvements
He therefore prays Your Excellency
to take the premises into consideration
and direct that his title may be quieted
upon such conditions as upon full
enquiry and consideration may
appear equitable -
But in the event of no determination or agreement being had
Your Petitioner most respectfully
submits that this Petition and
the statements therein contained
must not be used in any pro =
= ceeding against him and must
be taken to be made without
any prejudice to his rights

[Transferred from
[illegible: 1 word] Gen]
2113
John Hartt
petition regarding that
part of the Madawaska
Indian Reserve which
he occupies
Feb. 12/53

Ind Act / Vic C 47)
Refer to the Att ^y Gen ^l &
Sol. Gen ^l (In Col Mar 2/53)

Copy sent to Ind Comm^r
March 17^th /
See 2177