60 That Major Holland made frequent efforts to get possession of the land in question, included in the said grant by paying the quit rent thereon, as long as the crown would receive the same and otherwise, but failed, being opposed by several of the governors of the colony, but more particu¬ larly by General Haldimand who upon Major Holland refusing to accept a sum of (£800) eight hundred pounds currency on condition of relinquishing his right to the property, granted him under the said Royal Letters Patent, took forcible possession of the same, as he declared, for the use of the works, and ordered a five gun battery to be constructed upon it, and upon this forcible tenure the government has ever since held the same. That in 1838, under the government in this province, of the Earl of Durham , a memorial from one of the heirs of the late Major Samuel Holland , in respect to the grant in question, was referred by the Secretary of State for the Colonies to that distinguished nobleman for enquiry and report, and a minute investigation having been gone into by His Excellency the Earl of Durham 's Executive Council, an elaborate report, dated the 29th October, 1838, (copy annexed) was made, which was approved by the Earl of Durham , in which was set forth the whole particulars as respects the said grant, and the extraordinary means resorted to, to deprive Major Holland and his heirs of their vested rights; and Earl Durham and his Council solemnly declared, that the claim of the heirs of Holland to compensation was clear and well founded, in discharge of which, it was recommended, that a sum of two thousand five hundred pounds currency (£2,500 cy.) should be paid them,—a sum, however, which your memorialist would state is little more than one-third of the value, as show'n by the report of Messrs. Wm . Phillips, a builder, and J. Hughes , civil engineer, of whose report and valuation, dated 17th March, 1837, a copy is hereunto annexed. That the Earl of Durham left this province shortly afterwards, and nothing further has been done in the premises since. The Report approved by the Earl of Durham , which goes into full detail of every matter relating to the claim of your memorialists upon the property in question, shews that Major Holland , although he made many efforts to secure his possession, failed in doing so, and that the 99 parts out of 100 of the superficial area of the said property, instead of being used for military purposes, has been, as it is, used for a kitchen and flower garden. Your memorialists entertaining a well-grounded expectation that your Excellency will give this case your serious, and favorable consideration, beg to state, that in no instance whatever, in this Colony, has the crown every resumed property granted by it without awarding a fair and liberal compensation to the party injured thereby. In conclusion, your memorialists pray most humbly, that your Excellency will cause to be given up to your memorialists the quiet possession of their property, (the lower ,) or that your Excellency will award them such compensation therefor as in your wisdom and justice may be deemed just and reasonable. And your memorialists as in duty bound will ever pray. H. A. P. HOLLAND . Three Rivers, 10th August, 1852. In a letter to General Haldimand in March, 1773, Major Holland refers to his lands on the Island and at Quebec as follows: "Have realized £1,500 which I have lodged at N.Y. on interest." "At St. John's Island have laved out above £300 (establishing settlers on his allotment) and am now at the point of giving 10,000 acres for saving the other 10,000." "As for my lands and buildings near Quebec on the Heights of Abraham, they are as profitable to me as Sans Bruit (which adjoined Holland Farm ) is to General Murray , the house without tenant, the land neglected." " Governor Wentworth has granted me 3,000 acres in this Province," (which he could sell at $1.00 per acre but was going to hold as of prospective value). Major Holland also claimed lands in the Province of Quebec , on the River St . Francis, as the following memorial shows: To His Excellency Robert Shore Milnes, Esqr ., Lieutenant Governor of the Province of Lower Canada , &c, &c. The Memorial of Samuel Holland , Surveyor General of Lands on behalf of himself and His son Henry Holland —