Front matter (continued 2)

The petition embodying these views was forwarded to the Duke of Portland,—the colonial secretary at the time,—and the force of its facts and arguments seems to have been felt by the government, for a despatch was sent to Governor Fanning, intimating that measures would be adopted to rectify the grave evils enumerated in the petition. The process of escheat was not, however, acceptable to the proprietors who had done their duty by settling their lands, for the obvious reason, that in the event of free grants being made of the forfeited property, the tenants on the already-settled laud would prefer to give up their farms and become proprietors. In conformity with the promise made by government, Governor Fanning, in his speech to the assembly in November, 1802, said that he had the satisfaction to inform them, on the highest authority, that the public affairs of the island had been brought under the consideration of His Majesty’s ministers in a manner highly favorable to the late humble and dutiful representations made on behalf of the inhabitants, respecting the many large, unsettled, and uncultivated tracts of land in the island. In order to give effect to the measures which had been adopted by His Majesty’s ministers, it would be necessary that the government of the island should be prepared to adopt, when circumstances should render it advisable, the requisite and legal steps for effectually revesting in His Majesty such lands as might be liable to be escheated. The house, in their reply to the address, requested a more explicit statement from his excellency as to the information which he had received on this important subject; to which his excellency replied, that he had already presented all the information which it was in his power to furnish. It does indeed seem strange that the governor should have been instructed to refer officially to measures which “had been adopted” by the home government for the rectification of an admitted evil, and yet was apparently unable to explain the character of these measures for the guidance of the assembly in a branch of legislation which they were unequivocally invited to adopt. Such mysterious reticence was in direct opposition to ordinary governmental procedure in similar cases. But the local government, never dilatory in business connected with escheat, prepared a bill entitled “An act for effectually revesting in His Majesty, his heirs and successors, all such lands as are, or may be, liable to forfeiture within this island,” which was passed by the assembly and assented to by the governor on the second of April, 1803. It did seem a mockery of the assembly when that bill was, contrary to the expectations of the people, disallowed by the home government, without any reason assigned. A committee on the state of the colony accordingly drew up a strong and spirited remonstrance, in which they boldly said:

“It appears to the committee, and they have the strongest reason to believe, that the royal assent to the said act for reinvesting His Majesty with such lands as are or may be liable to forfeiture within this island, has been graciously approved by His Majesty.” They then expressed their conviction, which was well founded, that the formal royal allowance had been withheld by means of unfounded representations of interested individuals in England. The committee sent these resolutions to William and Thomas Knox, the agents for the island in London, with instructions to use their utmost efforts to give effect to the remonstrance; and the house of assembly also presented an address to the lieutenant-governor, complaining of the efforts that had been made to render His Majesty’s intentions abortive, requesting him to transmit their petition and resolutions to Lord Castlereagh, and duplicates to the Earl of Liverpool, president of the Committee of the Privy Council for Trade and Plantations. The house also appointed a committee, consisting of Holland, Macgowan, Stewart, Palmer, and Macdonald, to draw up a new bill, substantially the same as the former, which was duly passed. Nothing was wanting on the part of the assembly to neutralize the influence brought to bear in London in order to frustrate their intentions; and if the British government had not on this occasion lost its usual character for consistency and adherence to principles, so explicitly enunciated, the royal intentions, as intimated by the lieutenant-governor, would have been honestly carried out. The period was one of great political excitement in London. Lord Hobart, through whom the governor had received a solemn promise that the evil complained of would be rectified, had given place in the colonial secretaryship to the exciteable Castlereagh, and the solemn obligations of office appear to have been forgotten in the political fermentation of the moment. It would be difficult to point out, in the history of the British colonial administration, another instance where the dictates of political consistency and honor were so flagrantly disregarded as in the case under review.

The influence exerted on government by the proprietors resident in London seemed irresistible, and was such as no government of our time could tolerate. The key to their power seems to be found in the circumstances that they were, for the most part, men in intimate social relations with parties in office, and, moreover, mainly consisted of officers who were supposed to have rendered good service in time of war, and whose complaints or representations, therefore, commanded at all times the royal consideration and sympathy. The proprietors, besides, cultivated the good-will and friendship of the under-secretaries, and other secondary government officials, who kept them informed of what was going on, and contributed in many indirect ways to promote their views. Mr. Stuart, in his letters to Governor Patterson,—who was by no means distinguished for the suaviter in modo,—frequently urged him to write certain persons in the government offices in a conciliatory and friendly manner, as he was convinced that they could exert no small influence in behalf of his interests. The proprietors not only succeeded in preventing the resolutions commended by the Duke of Portland from leading to any practical result, but also in obtaining, in 1802, an important reduction in the quitrents which remained unpaid, and which now amounted to the large sum of fifty-nine thousand one hundred and sixty-two pounds sterling; the sum due on some of the townships being actually more than their estimated value. In order to discriminate between the proprietors who had exerted themselves to carry out the terms of their grants, and those who had not, the government divided the commutation into four classes, requiring from the proprietors who had on their property the necessary number of settlers only five years’ quitrents, instead of thirty-two years’,—namely, from 1769 to 1801,—and making a proportionate deduction in the case of the four other classes. But as evidence of the determination of many of the landowners not to conform to the law, and their confidence in their own power to set the regulations of government at defiance,—as they had hitherto systematically done,—it may be here stated, that even the reduced amount does not seem to have been paid; and it was mainly in consequence of such daring and long-continued violation of obligation that the people, from time to time, in paroxysms of just indignation, demanded the establishment of courts of escheat.

In 1794, Prince Edward—afterwards Duke of Kent, and father of Her Majesty the Queen—arrived in Halifax. In that year two provincial companies were raised for the protection of the island, and when His Royal Highness became commander-in-chief of the forces in British North America, he ordered new barracks to be erected at Charlottetown, and defensive works for the protection of the harbor to be constructed. The Duke never visited the island, but its inhabitants were duly sensible of the practical interest he took in its welfare; and having determined that its name should be changed, on account of the mistakes incident to other towns bearing the same designation, a local act was introduced in 1798, which changed the name to Prince Edward Island, which act received the royal allowance on the first of February, 1799. We find that in the year 1780, an act for altering the name of the island from Saint John to that of New Ireland was passed in the assembly with a suspending clause. In a letter addressed by Mr. Stuart to governor Patterson, dated the third of March, 1781, he says: “Your passing an act to change the name of the island is considered as a most unprecedented instance of irregularity. The reasons you give why it should be changed are admitted to be of some force, but they insist upon it that you ought, in common decency, to have set forth those reasons in a petition to the King, instead of passing a presumptuous act which is neither warranted by law nor usage.” This act was, of course, disallowed; but the governor did not lose sight of the hint as to petitioning, as appears from a passage in another letter from Stuart to Governor Patterson, dated, October, 1783, in which he says: “I am not unmindful of your petition for changing the name of the island, but I keep it back till we shall have carried points of more importance. When they are accomplished, I shall bring it forward.” Had the first application been made by petition to the King, it is extremely probable that the proposed change of name would have been adopted.

Besides the two companies mentioned, a light infantry company and three troops of volunteer horse were formed in the island, who were handsomely clothed and mounted at their own expense, and armed at the expense of the government; at this time every man from sixteen to sixty years of age was subject to the militia laws. These wise precautions prevented any hostile descent on the island during the war, and tended to infuse a spirit of self-reliance and patriotic ardor into the community.

If the reduction of the quitrents failed as an inducement to the proprietors to pay what was now really due to government, it did not fail to lead to brisk business in the sale of property, for from the commutation to the year 1806, nearly a third of the entire land in the island had been transferred by purchase to persons, many of whom were really determined, by industry and strict regard to law, to make the venture permanently profitable.

The year 1803 was remarkable in the history of the island for a large immigration of highlanders from Scotland. The Earl of Selkirk brought out to his property about eight hundred souls. They were located on land north and south of Point Prim, which had been previously occupied by French settlers, but a large portion of which was now again covered with wood, and thus rendered difficult of cultivation. Many of his lordship’s tenants became successful settlers.

Lieutenant-General Fanning’s connection with the island, as governor, terminated in 1804. During his administration the island did not make any remarkable progress in its various interests; but Mr. John McGregor,—a native of the island, and of whom we shall have more to say by-and-bye,—in his work on British North America, has hardly done the general justice, in representing him as of very “obscure origin, and owing his future to circumstances, the advantages of which he had the finesse to seize.” General Edmund Fanning was a native of America, and was born in the Province of New York, on the twenty-fourth of April, 1739. He was the son of James Fanning, a captain in the British service, and of his second wife Mary Smith, daughter of Colonel William Smith, who for some time administered the government of New York, and was sole proprietor of Smith Town, on Long Island. The paternal grandfather of General Fanning came to America, from Ireland, with Earl Bellemont, in 1699.

Captain James Fanning, having disposed of his commission while in England, returned to New York in 1748, when his son Edmund, then in the ninth year of his age, was sent to a preparatory school, and thence removed to Yale College, New Haven, where, after going through the regular course of collegiate studies, he received the degrees of Bachelor and Master of Arts; and in 1774 he was honored by the University of Oxford, England, with the degree of Doctor of Civil Law. From college he proceeded to North Carolina, where, after studying two years under the attorney general of that province, he was, in 1762, admitted to the bar. He was successful in his profession; but the troubles of the eventful period in America which followed the passing of the Stamp Act by the British Parliament, induced him to enter the civil and military service of his country. In 1765 he was appointed by Governor Tryon of North Carolina one of the Judges of the Supreme Court in that province in the room of Mr. Justice Moore, who was dismissed from office upon the supposition of his favoring the public commotions at the time existing in North Carolina. In 1768 he raised, at the request of Governor Tryon, a corps of eight hundred provincials to oppose and put down a body of insurgents who styled themselves regulators, whose object was to rescue from trial and punishment leading rebels. In 1771 he was again called upon by Governor Tryon to raise and embody a corps of provincials to suppress an insurrection in North Carolina, and was second to Governor Tryon at the battle of Allamance, in which action, the insurgents, to the number of twelve thousand, were totally defeated.

In the year 1773 Colonel Fanning went to England, strongly recommended to His Majesty’s ministers for his services in North Carolina. Having applied for the office of Chief Justice of Jamaica, he received a letter from Lord Dartmouth, then secretary of state for the American department, stating that it was impossible in this case to comply with his wishes, but that he should have the first vacant post that might be deemed worthy of his services. Having received this assurance, he returned to America. Two months after his arrival at New York, he was appointed to the office of surveyor general of that province, the annual fees of which were said to be worth two thousand two hundred pounds sterling. But in the following year Colonel Fanning was driven from his house in New York, and took refuge on board the Asia, ship of war. He afterwards served in the army, having raised a regiment called “The King’s American Regiment.” During the war he was twice wounded. There is ample proof that he discharged his military duties with courage and ability.

On the 24th of February, 1783, Colonel Fanning was appointed Lieutenant-Governor of Nova Scotia, an appointment which he accepted with a promise from Lords Sydney and North that it should lead to something better. Subsequently John Parr was appointed Lieutenant-Governor of Nova Scotia, and, as previously stated, Governor Fanning was ordered to relieve Governor Patterson, of Prince Edward Island, which he did in the confident expectation that he should succeed to the government of Nova Scotia on the retirement or death of Parr. In 1791 Fanning was informed of the death of Parr by a letter from Richard Buckeley, president of the council of Nova Scotia, who concluded by saying, “as the government of this province, by His Majesty’s late instructions, devolves on you, as senior lieutenant-governor, I accordingly give you early notice of the vacancy.” This information was received too late in the autumn to admit of Governor Fanning’s proceeding to Halifax, and while making preparations for going thither, he was informed that the position was conferred on Mr. Wentworth,—intelligence which caused him great disappointment, as he had well-founded expectations of succeeding to the government of Nova Scotia. The governor applied immediately for leave of absence, but was politely refused, on the ground that his absence might, in time of war, prove dangerous to the island. After repeated applications, he at last received a letter from Lord Hobart, dated the 6th of May, 1804, granting him liberty to return to England after the arrival of Colonel DesBarres, and informing him that His Majesty had directed that, in consideration of his long and faithful services, a provision at the rate of five hundred pounds sterling should be made for him yearly in the estimates of the island. Addresses were presented to the governor before his departure, by the council, the respective counties, and the grand jury of the Island. In 1816 General Fanning closed his accounts at the audit office, when His Majesty’s ministers, to mark their approval of his administration of the government of the island, directed a retrospective increase of his salary from the period of his appointment to the colony, in 1786, to that of his retirement. General Fanning died at his residence in Upper Seymore Street, London, on the 28th of February, 1818, in the seventy-ninth year of his age.

Here we introduce to our readers the Rev. Theophilus DesBrisay, who, by royal warrant, dated the twenty-first day of September, 1774, was appointed to “the parish of Charlotte.” Mr. DesBrisay was the son of the gentleman who has been mentioned as administrator of the island during the absence of Governor Patterson. He was born in Thurles, in the County of Tipperary, Ireland, on the ninth of October, 1754, arrived in the island in the year 1775, and was rector of Charlotte Parish till his death, which occurred on the fourteenth of March, 1823. He was the only protestant clergyman on the island till the year 1820; was a man of sterling character, and a faithful servant of the Divine Master. Like Bishop McEachern and others, he was subjected, in the faithful discharge of his sacred duty, to privations of which the present generation have no adequate conception. [G]

CHAPTER IV.

Colonel F. W. DesBarres, successor to General Fanning—His character as a Governor—Succeeded by Charles Douglas Smith—His character as displayed in his opening address—Proclamation of immunity from Proprietory conditions—Oppressive measures in regard to Quitrents—John McGregor, Sheriff—Public meetings called in the Counties—Tyranny of the Governor exposed—Arrival of Colonel Ready, and departure of Smith.

In July, 1805, Colonel Joseph F. W. DesBarres arrived in the island for the purpose of succeeding Governor Fanning. He was a man well advanced in life, and had held for some time the position of Lieutenant-Governor of Cape Breton, when that island was a separate province. His administration was notable for the occurrence of three important events, namely, the official announcement to the assembly that the act of 1803, which was intended to invest in the Crown the lands on which arrears had not been paid, was disallowed; the passing of the important resolutions of the assembly, to which reference has been already made, condemning the disallowance as grossly unjust, and in direct opposition to a settled and declared imperial policy; and the declaration of war by the United States against Great Britain. Colonel DesBarres is said to have been a man of cultivated mind, who, during his administration, strictly adhered to the official line of duty; and if he did not originate, during the eight years he was in office, any measure which could be regarded as of striking public utility, he gave no evidence of a selfish or tyrannical disposition, which is more than could be affirmed of his successor, Charles Douglas Smith,—a brother of Sir Sydney Smith,—who succeeded DesBarres in 1813. The assembly met in November of the same year. The address which the governor delivered on that occasion was such as indicated the temper of the man: it was dictatorial and insolent in its tone. He prorogued the house in January, and indicated his estimate of the utility of the popular branch of the legislature by not again convening it till July, 1817. Its proceedings in that year were not satisfactory to the governor, who was determined to shackle the members and prevent them from adopting any measures which did not accord with his own notions of propriety. His excellency accordingly dissolved the house, and a new one was convened in 1818, which, proving quite as refractory as the previous one, was also suddenly dissolved, and another elected in 1820.

On the eighth of October, 1816, the governor had published a proclamation in which he intimated that the King had graciously resolved to extend to the proprietors of land in the island immunity from certain forfeitures to which they were liable by the conditions of their original grants, and also to grant the remission of certain arrears of quitrent, and fix a scale for future payment of quitrent. But the governor, before the amount of quitrent to be exacted had been determined by the home government, directed the acting receiver general to proceed, in January, 1818, to enforce payment of the arrears which had occurred between June, 1816, and December, 1817, on the old scale. Much distress was occasioned by these proceedings; and on the matter being represented to the home government, orders were issued to discontinue further action, and to refund the money exacted above the rate of two shillings for every hundred acres. It was at the same time intimated that the new rate would be rigidly exacted in future; but the years 1819, 1820, and 1821 passed over without any public demand being made. Several proprietors, during that period, had offered payment to the acting receiver general, by whom they were informed that he had no authority to receive it. The impression was therefore prevalent that no further quitrent would be demanded, more especially as payment was not exacted in the neighboring provinces of Nova Scotia and New Brunswick. But on the twenty-sixth of June, 1822, the following notice was posted up in Charlottetown by John Edward Carmichael, the receiver general: “This office will be kept open from the first to the fourteenth of July, ensuing, for the payment of all arrears of quitrent due and payable within this island. Office hours, from ten till two o’clock.” This demand not being peremptory in its terms, was disregarded by many who saw it, and the great body of proprietors in the country never heard of the notice.

In December, 1822, the acting receiver general posted up another notice, intimating that payments must be made by the fourteenth of January; but no steps were taken to give due publicity to the notice throughout the island, neither was any warning given to the proprietors as to the consequences of nonpayment. In January a distress was taken on the lands of two of the principal proprietors on townships thirty-six and thirty-seven. Immediately after doing this, the officers proceeded to the eastern district of King’s County, which was one of the most populous on the island, and astonished the people by demanding instant payment, or promissory notes payable in ten days, on pain of having their land and stock disposed of by public sale. This district was inhabited by highlanders, who spoke no other language than their native Gaelic. Men who would have faced an open foe in the field, with the courage characteristic of the Celtic race, had a profound respect for law, and dread and horror of the bailiff; and, in order to pay the demand so suddenly and unexpectedly made, many of the poor fellows loaded their carts with such produce as they could collect, and began a journey of from fifty to sixty miles to Charlottetown, in the depth of winter, in order to redeem the notes which they had given to the heartless myrmidons of the law. The sudden influx of grain into the market thus produced, caused a great decline in prices. This, with the suffering occasioned by the long journey, roused public indignation, and the people resolved to hold meetings in the respective counties, and take measures for their own protection against the tyranny to which they were subjected. At this time, John McGregor, subsequently Secretary to the Board of Trade in London, and M.P. for Glasgow, was high sheriff of the island, and a requisition was immediately drawn up and presented to him. It began in the following terms: “We, His Majesty’s loyal subjects, freeholders and householders in different parts of this island, in the present alarming and distressing state thereof,—threatened at this time with proceedings on the part of the acting receiver general of quitrents, the immediate effect whereof cannot fail to involve a great part of the community in absolute ruin,—feel ourselves irresistably impelled—when the island has been nearly three years deprived of that constitutional protection and support which might be expected from our colonial legislature—to call upon you, as high sheriff of the island, to appoint general meetings of the inhabitants to be held in the three counties into which this island is divided, that they may have an opportunity, according to the accustomed practice of the parent country, of consulting together for the general benefit, and joining in laying such a state of the colony at the foot of the Throne, for the information of our most gracious Sovereign, as the present circumstances thereof require.” The requisition was signed by forty individuals, and the sheriff appointed the meetings to be held at certain specified dates at Charlottetown, St. Peter’s, and Princetown.

This very legitimate procedure on the part of the people did not accord with Governor Smith’s notions of propriety, and he deemed it proper to remove Mr. McGregor from the office of sheriff, and to confer it on his late deputy, Mr. Townshend. On the eighteenth of February, the Hilary term of the supreme court commenced, and Mr. Townshend, at the request of the governor, struck out the name of John Stewart from the panel. During the term, petitions were presented to the grand jury, complaining of the conduct of the acting receiver general and his deputies, and true bills were found against the latter; but no trial took place in consequence of the interference of the governor.

On the sixth of March, the first meeting called by the sheriff took place at Charlottetown. Considering the deep snow on the ground and the state of the roads, it was numerously attended, and the proceedings were conducted with the utmost order and regularity. A number of resolutions were passed, which were embodied in an address to the King, containing grave charges against the governor. It was said that, though he had resided on the island for ten years, he had only been once absent from Charlottetown, when he ventured to drive eighteen miles into the country, thus failing to make himself acquainted with its actual condition. He was charged with illegally constituting a court of escheat in 1818, and, in violation of his own public proclamation of the 8th of October, 1816, harassing by prosecution the tenants of township number fifty-five. He was charged with refusing to receive an address from the house of assembly in answer to his speech at the opening of the session in November, 1818, though he had appointed an hour for that purpose. In addition to this public insult, he was accused of sending a message, on the fifteenth of December, to the assembly, requiring both houses to adjourn to the fifth of January following; and before the business in which they were then occupied was finished, and when the lower house was on the point of adjourning, in accordance with the said message, it was insulted by Mr. Carmichael, the lieutenant-governor’s son-in-law and secretary, who, advancing within the bar, addressed the speaker loudly in these words: “Mr. Speaker, if you sit in that chair one minute longer, this house will be immediately dissolved,” at the same time shaking his fist at the speaker; and while the house was engaged in considering the means of punishing this insult, the lieutenant-governor sent for the speaker, and, holding up his watch to him, said he would allow the house three minutes, before the expiration of which, if it did not adjourn, he would resort to an immediate dissolution; and this extraordinary conduct was soon after followed by a prorogation of the legislature, in consequence of the house having committed to jail the lieutenant-governor’s son for breaking the windows of the apartment in which the house was then sitting. The lieutenant-governor was also charged with screening Thomas Tremlet, the chief justice of the island, from thirteen serious charges preferred against him by the house. He was also accused of degrading the council by making Mr. Ambrose Lane, a lieutenant of the 98th regiment, on half pay, and then town major of Charlottetown, a member of it, without having any claim to the position, save that of having recently married a daughter of the lieutenant-governor. Another member was a Mr. William Pleace, who came to the island a few years previously as a clerk to a mercantile establishment; from which trust he was dismissed, and then kept a petty shop of his own, where he retailed spirits. These were some of the charges brought against the governor, and the address concluded with the following words: “That your Majesty’s humble petitioners regret much the necessity they are under of approaching your Majesty’s sacred person in the language of complaint now submitted to your paternal consideration, and humbly trust, on a full review thereof, your Majesty will be satisfied that the further continuance of Lieutenant-Governor Smith in the command of your Majesty’s island must be distressing to its inhabitants, and, by preventing the usual course of legislative proceedings, greatly impede its prosperity.” The addresses, adopted by the other counties were similar to that of which we have just given a sketch.

One of the accusations brought against the governor, which has not yet been mentioned, was, that he permitted, as chancellor of a court over which he himself presided, heavy and vexatious additions to the fees since the appointment of Mr. Ambrose Lane as registrar and master. On the fourteenth of October, the lieutenant-governor, on pretence that this charge was a gross libel and contempt of the court of chancery, commenced proceedings before himself—on the complaint of his son-in-law—against the members of the committee appointed by Queen’s County to manage the address to the King, who were all served with an attachment, and subsequently committed to the custody of a sergeant-at-arms. The object of these proceedings was evidently to get hold of Mr. Stewart, in order to prevent him from going to England with the petitions,—of which the lieutenant-governor had determined to get possession. Mr. Stewart only got notice of the governor’s intentions two hours before officers arrived at his house on purpose to take him into custody; but he escaped to Nova Scotia with the petitions, and thence proceeded to England. Had Stewart been taken into custody, there would, doubtless, have been a rebellion in the island, for the people were exasperated. Chagrined beyond measure at Stewart’s escape, the lieutenant-governor determined to lay a heavy fine on the other members of the committee, and sequestrators were appointed to enter upon their property and secure the amount; but being now alarmed at unmistakeable symptoms of a popular tumult, he prudently ordered proceedings to be delayed till his judgment could be enforced. The defence was ably conducted by Messrs. Binns and Hodgson.

On Saturday morning, the twenty-sixth of July, 1823, appeared the first number of the Prince Edward Island Register, printed and edited by James D. Haszard, in which newspaper all the proceedings to which we have alluded were published. For the publication of these, Mr. Haszard was served with an order to appear at the bar of the court of chancery, being accused as guilty of a contemptuous libel against the court and the officers of the court. Mr. Palmer was agent for the prosecutor. Mr. Haszard was asked if he would disclose the authors of the publication complained of,—which he agreed to do. The parties were Messrs. Stewart, McGregor, Mabey, Dockendorff, Owen, and McDonald. Addressing himself to Mr. Haszard, the chancellor said: “I compassionate your youth and inexperience; did I not do so, I would lay you by the heels long enough for you to remember it. You have delivered your evidence fairly, plainly, clearly, and as became a man; but I caution you, when you publish anything again, keep clear, sir, of a chancellor! Beware, sir, of a chancellor!” And with this solemn admonition, Mr. Haszard was dismissed from the bar.

But the rule of the chancellor was destined not to be of much longer duration; for on Thursday, the twenty-first of October, 1824, His Excellency Colonel Ready, accompanied by Mr. Stewart, arrived in a brig from Bristol, after a passage of twenty-eight days. “He was loudly cheered on landing by a great concourse of spectators, and was received on the wharf by a guard of the 81st regiment and a number of the most respectable inhabitants.” A public meeting of the inhabitants, called by the sheriff, Mr. William Pope, was held for the purpose of voting an address to the lieutenant-governor. Colonel Holland, Mr. Hodgson, and Mr. Binns were appointed to prepare it. “We feel,” said the inhabitants, “the utmost confidence that the harmony which ought always to exist between the government and the people is perfectly established, and that your excellency will believe that loyalty, obedience to the laws, and a love of order is the character of the inhabitants of Charlottetown. We cannot omit on this occasion to express our unfeigned gratitude and thanks for the attention which His Majesty has been graciously pleased to pay to the interests of this colony, in confiding its government to your excellency’s hands, and to add our most fervent wishes that your administration of it may be long and happy.” The town was illuminated in the evening, and, to the credit of the inhabitants of Charlottetown, the exuberance of joy and festivity on the occasion was not marred by any impropriety, or insult to the man who had exercised his functions with a harshness and tyranny which made him the most unpopular governor who ever ruled on the island. The new governor was entertained at dinner in the Wellington Hotel. John Stewart was chairman, and the Honorable George Wright croupier. It is only fair to say, that an address was presented to the late governor, previous to his embarkation for England, signed by the members of council, principal officers of government, and two justices of the peace. Considering the character of Governor Smith’s administration, there is a spice of humor in the following portion of his reply: “I assure you I must ever feel a high interest in the prosperity of a colony whose welfare, it is well known to many of you, I have unceasingly watched over. It is my confident hope, as well as my fervent wish, that the island may continue to flourish under my successor, aided as he will be by the same support and advice from which I have myself so much and so generally benefited.”

CHAPTER V.

Governor Ready desires to govern constitutionally—Energetic legislation—George Wright, Administrator—Change in the mode of paying Customhouse Officials—Fire in Miramichi—Petitions of Roman Catholics to be relieved from civil disabilities—Proceedings of the Assembly touching the question—Dispute between the Council and Assembly—Catholic Emancipation—The Agricultural Society—Death of George the Fourth—Cobbett on Prince Edward Island—Colonel Ready succeeded by A. W. Young—The Census—Death of Governor Young—Biographical Sketch of him.

Governor Smith delighted in autocratical rule, and had not called an assembly together since 1820; but Governor Ready, wishing to govern the island in a more constitutional manner, summoned, on his accession to office, a new house, which met in January, 1825, and proceeded to business with some degree of spirit and earnestness. Acts were passed for the encouragement of education, for regulating juries and declaring their qualifications, for regulating the fisheries, for limiting and declaring the jurisdiction of justices of the peace, for empowering the governor to appoint commissioners to issue treasury notes to the extent of five thousand pounds, and for increasing the revenue by taxation. Another session of the house was held in October of the same year, when the house displayed equal energy and diligence in transacting the public business. John Stewart was speaker, and the members elected for Charlottetown were Robert Hodgson and Paul Mabey. Mr. Samuel Nelson was an unsuccessful candidate for the town. He had been accused of not signing the address to the King, praying for the recall of Governor Smith. In his reply to that charge, Mr. Nelson stated a fact which shows the inherent meanness of the late governor in his treatment of the people. “Governor Smith,” said Mr. Nelson, “never did anything for me. On the contrary, he broke me as a captain in the militia, and when I was putting a porch to my door he sent a peremptory demand to pull it away.”

The governor returned to England towards the close of the year, on private business, and during his absence the government was administered by the Honorable George Wright.

The officers of customs received in this year official instructions from the lords commissioners to discontinue the exaction of fees after the fifth of January ensuing, as fixed salaries were to be granted to them,—a regulation which extended to all the colonies.

In this year, eighteen vessels arrived at the island from Great Britain, and one hundred and twenty-eight from the British colonies. There were imported fifty-four thousand gallons of rum, two thousand five hundred gallons of brandy, three thousand gallons Geneva, and two thousand gallons of wine, which, for a population of about twenty-three thousand, was a large supply. The imports were valued at £85,337, and the exports at £95,426.

In the autumn of 1825 an extensive and most destructive fire took place in Miramichi, which swept over an immense area, destroying timber, farm steadings, and cattle. Many of the unfortunate inhabitants perished in the flames, and hundreds were left destitute. A liberal collection was made in the island for the relief of the suffering, and a vessel chartered to convey produce to the scene of the disaster.

The governor returned from England towards the close of the year 1826, and again assumed the reins of government. The house met in March following. In his opening address, the governor congratulated the house on the improvements recently made in the internal communications of the country,—the western line of road being completed up to Princetown, and surveys having been made for extending the line to Cascumpec and the North Cape. His excellency also referred to the advantages which would accrue from the establishment of an agricultural society. Among other useful measures passed during the session was one for ascertaining the population of the island, and for authorizing the formation of a fire engine company for Charlottetown.

During the last session a petition was presented by the Roman catholics of the island, praying that they should be relieved from those civil disabilities under which they suffered. Consideration of the important subject was at that time deferred on account of the advanced period of the session. The subject was now brought up by Mr. Cameron, in a temperate and sensible speech, in which he stated that, notwithstanding the predictions of persons hostile to the prayer of the petitioners, not a single petition was presented to the house against the proposed change. Mr. Cameron concluded by proposing the following resolution: “Resolved, that it is the opinion of this house that the right of voting at elections of members to serve in the general assembly ought to be extended to His Majesty’s subjects of the Roman catholic religion within the island, and that the election laws should be altered conformable to this resolution.” A long and animated discussion took place, in which the attorney general, Dr. McAulay, Mr. Hodgson, and others supported it; and Mr. Campbell, Mr. McNeill, and Mr. Montgomery led in opposition. On the question being put, the votes were equal; but the speaker, Mr. Stewart, gave the casting vote against the resolution, on the ground that the question had not been settled in England. The speaker was one of the most enlightened men in the assembly, and his decision on this occasion cannot be said to have been in accordance with his general character. Had the resolution passed, the assembly would have had the honor of being in advance, on this question, of the parliament of Great Britain. As subjects of the Crown, the Roman catholics, in asking to have a voice in the election of the legislature,—whose laws they were bound to obey in common with protestants,—claimed no favor, but a right which ought never to have been withheld, and the subsequent concession of which experience has proved to be as satisfactory in practice as it is equitable in principle. On the presentation of the petition in 1825, a voluminous and very able correspondence was carried on in the columns of the Register, in the conduct of which the best talent in the island, on both the catholic and protestant sides, was enlisted. Theological questions, that had no bearing on the subject in dispute, were, unhappily, imported into the controversy; and, whatever difference of opinion may exist as to the discussion in its religious aspect, there can be none as to the fact of every argument advanced against the Roman catholic’s right to be put on an equal footing with the protestant in all matters appertaining to civil and religious liberty, being completely demolished by the accomplished advocates of the Roman catholic claims. While the elaborate communications to which we have referred were imbued on both sides with considerable bitterness, yet, to the credit of the island combatants, it may be truly said that such bitterness was sweetness itself compared with the venom characteristic of similar controversies, as carried on at this period in other places. Fidelity to historical accuracy, at the same time, constrains us to state that, while on the part of catholics, as the aggrieved party, whose rights were tyranically and persistently disregarded, paroxysms of irritation were the natural result of oppression, no such apology can to the same extent be offered in behalf of their opponents.

In October, 1825, the council passed a resolution to the effect that they would not in future be disposed to give their assent to any bill for appropriating money, unless the sums and services therein contained should be submitted in separate resolutions for their concurrence. This resolution was not agreeable to the assembly, who claimed the sole right of originating all money bills, and who denied the right of the council to alter or amend them. This difference of opinion led to a protracted controversy. In May, 1827, the council sent a message to the assembly, in which the question was elaborately argued, to which the assembly returned an equally elaborate reply. The dispute resulted, in 1827, in the council agreeing to the two principal bills of supply, and rejecting an ad valorem duty bill; but in the following session—that of 1828—the appropriation bill was rejected by the council, which obliged the governor to confine the expenditure of the year to purposes of necessity. In meeting the house, in 1829, the governor expressed the hope that the unfortunate dispute of the last session would be brought to an amicable adjustment, and recommended a system of mutual compromise as the most effectual mode of securing that object. Although the council had resolved to transact no further business with the assembly until the latter body expunged a previous resolution from their journals containing certain imputations on the council, yet the house had refused to do so. Business communication was, however, resumed, and continued as if nothing had happened.

On the sixth of January, 1825, died Benjamin Chappell, late postmaster of the island, in the eighty-seventh year of his age. He and his brother William emigrated from England in the year 1775. They owned one of the first packets that sailed between Charlottetown and the mainland. He saw the country in its rude and wilderness state, and was an attentive observer of all the vicissitudes it underwent in its gradual progress towards improvement, and few took a deeper interest in its prosperity. He was a man of sterling piety, actively devoted to the cause of religion, and may with truth be considered the founder of the present Methodist establishment of the island. He was personally known and beloved by John Wesley, who was in the habit of corresponding with him for many years; and it afforded Mr. Chappell much delight to detail to his friends many interesting anecdotes that grew out of his intimacy with that great and good man. He was brought up to the millwright business, and was well acquainted with machinery in all its extensive branches. He was a man of intelligence and strong mind, and, with a perfect knowledge of his own business, possessed a great deal of useful information. If a life of consistent piety, as expressed in the virtues that dignify human nature, can endear a man to society, the memory of Benjamin Chappell will be long and affectionately cherished in the island.

In the session of 1829 a select committee of assembly, for preparing a specific plan on which a bill might be founded for promoting classical education, presented their report, recommending the establishment of a classical academy in Charlottetown, to be designated the “Central Academy,” vesting the management in a patron and nine trustees. Two masters were to be employed, each to receive a salary of one hundred and fifty pounds a year; and no religious test was to be permitted. A bill in conformity with these recommendations was accordingly introduced and sanctioned.

The most important act passed in the session of 1830 was one “for the relief of His Majesty’s Roman catholic subjects.” The agitation for the removal of the disabilities under which the Roman catholics suffered in the old country resulted in catholic emancipation; and the British government recommended the adoption of similar measures in the colonies, which recommendation weakened unreasonable opposition to the change. The act now passed provided that all statutes which imposed on Roman catholics civil or political disabilities should be repealed, and that all civil and military offices and places of trust or profit should be as open to them as to other portions of the King’s subjects.

The agricultural society, which had been for some time in operation in the island, was active in accomplishing the beneficent purposes for which it was established: it encouraged improved stock by an annual exhibition and premiums, and imported seeds. District societies were formed at Saint Eleanor’s and Princetown. The governor took a practical interest in the operations of the society, of which the Honorable George Wright was president; the Honorable T. H. Haviland, vice-president; and Mr. Peter MacGowan, secretary and treasurer.

In August, 1830, intelligence of the death of King George the Fourth, which had occurred on the twenty-sixth of June, reached the island. The reign of His Majesty lasted about ten years and a half; but, including his regency, he was at the head of the government more than nineteen years. He was succeeded by William the Fourth.

The ignorance which in our days prevails in the old country respecting the American colonies is not quite so deplorable as that which existed at the period of the island history at which we have now arrived. It may amuse the reader to learn what the celebrated Cobbett thought at this time of Prince Edward Island, as a home for emigrants, and of the kind of business that was prosecuted there: “From Glasgow,” wrote Cobbett, “the sensible Scots are pouring out amain. Those that are poor, and cannot pay their passage, or can rake together only a trifle, are going to a rascally heap of sand, rock and swamp, called Prince Edward Island, in the horrible Gulf of Saint Lawrence; but when the American vessels come over with indian corn and flour and pork and beef and poultry and eggs and butter, and cabbages, and green pease, and asparagus for the soldier, and other tax-eaters that we support upon that lump of worthlessness,—for the lump itself bears nothing but potatoes,—when these vessels return, the sensible Scots will go back in them for a dollar a head, and not a man of them will be left but bed-ridden persons.” If such are the doctrines which were taught to the people of Britain by men like Cobbett, what must have been the depth of ignorance respecting the North American colonies which pervaded the masses? The very articles which the islanders were prepared to export to the states, if an inlet for them were permitted, were the articles which the foolish grammarian imagined they were importing. He little thought that in the capital of this island of “rock” a cargo of whinstones would be very acceptable, and find ready sale.

In September, 1831, Colonel Ready was relieved from the government of the island by the arrival of Lieutenant-Colonel A. W. Young. The departure of Colonel Ready was deeply regretted by the people. His administration was distinguished by activity, energy, and usefulness, constituting a striking contrast to that of his predecessor. During his retention of office there was a large increase of the population. From the year 1829 to 1831, eighteen hundred and forty-four emigrants had arrived, and new life was infused into the commerce and agriculture of the island.

In January, 1832, Governor Young met the house of assembly for the first time. There was a dread of cholera, now raging in Europe, which led to the passing of a measure in the assembly “to prevent the spread of infectious diseases.” A day of fasting was appointed in the month of May, and, happily, the island was not visited by a pestilence which, in other places, laid tens of thousands in the grave. In this year an act was also passed to provide for the conveyance of the mails between Charlottetown and Pictou, by a steam vessel, a grant of three hundred pounds yearly having been voted for that purpose. The service was accordingly performed by the Steamer Pocahontas, which ran twice a week to Pictou,—the cabin passage-money being twelve shillings currency. In the following year the census was taken, from which it appeared that the population of the island, which, in 1827, had been twenty-three thousand, had increased to thirty-two thousand. An act was also passed in this year by which the duration of the assembly was reduced from the period of seven to that of four years.

In May, 1834, Governor Young went to England, whence he returned in September, as Sir Aretas W. Young. In June of the same year died John Stewart, of Mount Stewart, at the age of seventy-six. He came to the Island in 1778. He was speaker of the house of assembly for a number of years, and was one of the most useful public men of his day. We have read much of his private and official correspondence, which has led us to form a high opinion of his integrity, industry, and zeal. His book on the island, published in 1806, is a reliable work, so far as facts are concerned, though not written with the grace and freedom which distinguished the letters of his contemporary, John Stuart, the London agent of the island.

A general election took place towards the close of 1834, and the new house met in January, 1835. A dispute arose between the assembly and the council, respecting the revenue bills, which led to the necessary supplies not being granted, but after a short interval the governor convoked the assembly in April, and as the result of a previous informal conference between the disputants, it was arranged that the revenue bill should be separated from the appropriation bill,—as a solution of the difficulty,—and thus the dispute terminated. In consequence of the illness of his excellency, the session of one week’s duration was prorogued by a commission, who were desired to express to the assembly his excellency’s pleasure at the satisfactory termination of its labors.

On Tuesday, the first of December, 1835, His Excellency Sir Aretas William Young died at his official residence in Charlottetown. At the age of seventeen he obtained an ensigncy, by purchase, in Podmore’s regiment, and a company, by purchase, in the 13th foot, in 1796. He served with the 13th regiment, in Ireland during the rebellion, and was present with that corps, under the command of Sir Charles Colville, in every memorable action fought in Egypt under the gallant Sir Ralph Abercrombie, in 1801, for which he received a medal. He was subsequently employed for several years in Sicily and Gibralter, as aide-de-camp to General the Honorable Henry Edward Cox, the commander-in-chief in the Mediterranean. He was promoted, in 1807, to be major in the 97th regiment, then commanded by Lieutenant-General Sir James Lyon, and served with the 4th division, under Lieutenant-General Sir Lowry Cole, in the Peninsular campaigns of 1808, and in subsequent years was engaged in the battles of Vimiera, Talavera and Busaco, and in the first siege of Badajoz. Whenever the division was in movement, the light companies were entrusted to his charge, and during a part of the retreat of the army from the frontiers of Portugal to the lines of Torres Vedras, these companies were embodied under his command as a light battalion.

In an affair with the enemy at Tobral, near Lisbon, his horse was shot dead under him; and it has been remarked by a distinguished general officer that, on every occasion, in every difficulty and in many hours of trial, the example he set, the steps he trod, led the men cheerfully and fearlessly to do their duty. The 97th, owing to its thinned ranks, having been ordered to England, he was promoted, in 1813, to a lieutenant-colonelcy in the 3rd West India Regiment, stationed at Trinidad; and, with five companies of that corps, was sent to join the expedition against Guadaloupe in 1815, and received one of the badges of the Order of Merit, presented by Louis the Eighteenth. On his return to Trinidad, he was selected by Sir James Leith to command the troops in Granada; and, on leaving the regiment in 1815, received a letter, accompanied with a piece of plate, from the officers, expressive of their unfeigned feelings of regard and esteem for the comfort and happiness experienced under his command. On his being ordered back to Trinidad, in 1816, he was voted the thanks of the council and assembly of Granada, with a sword valued at one hundred guineas. During the absence, in 1820, of Governor Sir Ralph Woodford from Trinidad, he administered the government for four months; and in consideration of the advantage which the community had derived during that period by his being a member of the council, was requested still to continue a member,—to which he acceded, subject to the approval of the commander of the forces, who, in giving his consent, remarked, that in whatever situation Lieut.-colonel Young might be placed, the public service would be benefited. In 1823, in again giving up the government, which he had held for two years,—during a second absence of the same governor,—he was presented with four addresses, namely, one from the council, one from the Board of Cabildo,—with a vote of one hundred and fifty guineas to purchase a sword, and with the request that he would sit for his portrait, to be placed in their hall as a token of their sense of the efficient manner in which he had presided over that board, and to record their opinion of the moderation, steadiness, and ability which, on all occasions, marked his administration; one from the inhabitants, with a piece of plate, to record their gratitude for the integrity and impartiality of his government; and one from the colored inhabitants, acknowledging their deep sense of the prudence, moderation, and humanity which distinguished his administration of the government.

On the final disbandment of the 3d West India Regiment, in the beginning of 1825, he was waited on by a deputation of the inhabitants of Trinidad, with a farewell address, and with the request of his acceptance of a piece of plate of the value of two hundred and fifty sovereigns. He was appointed in 1826 to the newly-created office of His Majesty’s Protector of Slaves in the colony of Demerara,—the arduous duties of which he conscientiously performed for five years. He retired from the army, by the sale of his commission, in May, 1826, and was allowed by His Majesty, on the recommendation of the commander-in-chief, to retain the local rank of lieutenant-colonel in the West Indies, in consideration of the value of his services, and of the zeal, intelligence, and gallantry with which he had discharged every duty. He was gazetted, as already stated, to be governor of Prince Edward Island, on the twenty-fifth of July, 1851; and in consequence of the favorable opinion entertained by the King of his merits, communicated in a despatch from Lord Stanley, His Majesty conferred on him, on the ninth of July, 1834, the honor of knighthood.

At the period of his death he was in the fifty-eighth year of his age, and had thus terminated an honorable career of forty-one years in the King’s service.

CHAPTER VI.

George Wright, Administrator—Court of Escheat refused—Central Academy—Severe Frost in September—Death of William the Fourth—Educational Condition of the Island—Forcible Resistance to Rent-paying—Rebellion in Canada—Able Report of Committee of Legislature on Land Question—The Coronation of Queen Victoria—Mechanics’ Institute formed—Lord Durham on Land Question—The formation of an Executive, separate from a Legislative Council ordered—Mr. Cooper a delegate to London.

On the death of Governor Young, the Honorable George Wright was sworn in as administrator of the government until the appointment of a new governor. In February, 1836, Colonel Sir John Harvey was appointed governor, and arrived in the island in August, when the usual addresses of welcome were presented. There had been a popular agitation for some time for the establishment of a court of escheat, and despatches were received from the colonial secretary intimating that the prayer of certain petitions, presented to His Majesty on the subject, could not be granted. As we intend to devote, at a more advanced stage of the narrative, a chapter to the elucidation of the land question, we refrain at present from any lengthened remarks on the subject.

In January of this year the Central Academy was opened. Its first teachers were the Rev. Charles Loyd and Mr. Alexander Brown, formerly teacher of the grammar school. Mr. Loyd, having retired on account of ill health, was succeeded by the Rev. James Waddell, son of the Rev. John Waddell, of Truro, N. S.

The governor made a tour through the island for the purpose of becoming acquainted with its principal inhabitants, and observing its capabilities and resources. He was received everywhere with that degree of respect to which his position entitled him; and, in replying to the numerous addresses presented, expressed himself as highly gratified by the hospitality of the people, and the indications of progress manifested.

On the seventh of September, 1837, a frost of unprecedented severity for the season set in, by which the potato crop was greatly injured, and cereals were much damaged. Thus the prospect of a plentiful harvest was blighted in a night throughout the entire island. The loss thus sustained was referred to by the governor on opening the assembly in the spring following; and he called attention to the expediency of granting pecuniary aid for the purpose of supplying seed-grain and potatoes to such of the sufferers as required them.

In March, 1837, Colonel Sir J. Harvey, after being promoted to the rank of major general, was appointed Governor of New Brunswick, for which province he left towards the close of May. After the departure of the governor, the Honorable George Wright, as senior member of the council, took the oath of office, as administrator of the government until the arrival of Sir Charles Augustus FitzRoy, who was appointed to succeed Sir John Harvey. The new governor arrived in June.

On the twentieth of June, William the Fourth died. Intelligence of His Majesty’s death reached the island towards the close of July. On the twenty-first of July, Queen Victoria was proclaimed in London.

The first official visitor of schools was appointed this year, in the person of Mr. John McNeill, who, in his report for the year, gave the number of schools in the three counties as fifty-one, and the number of scholars as fifteen hundred and thirty-three. In his report, Mr. McNeill gives us an interesting peep at the educational condition of the country at this period, specifying the various causes to which the extreme deficiency of the educational machinery was attributable. In many of the settlements the inhabitants were poor, and having to struggle with numerous difficulties in procuring subsistence for their children, their education was regarded as a matter of secondary importance. Little encouragement was, in most cases, held out to teachers of character and qualification, and the precarious mode in which their salaries were paid operated powerfully as a bar in the way of educational advancement. Hence it not unfrequently happened, when the necessary literary attainments were wanting, that it was only persons of shipwrecked character, and blasted prospects in life, who had assumed the important office of schoolmaster. “I must also mention,” reported Mr. McNeill, “another practice which is too prevalent in the country, and which, I conceive, is exceedingly injurious to the respectability of the teacher in the eyes of his pupils, and, consequently, hurtful to his usefulness,—that is: receiving his board by going about from house to house; in which case he is regarded, both by parents and children, as little better than a common menial.” Mr. McNeill’s suggestions, by way of reformation, were judicious and well put. He held the situation of visitor for ten years, and seems to have been well qualified for the post. When he vacated the situation, in 1847, there were one hundred and twenty schools, of all grades, and over five thousand scholars.

The new governor visited all the principal districts of the island, and, as the result of his inquiries and observations, addressed a circular to the proprietors of land, in which he advocated the granting of important concessions to the tenantry, with a view of allaying the agitation for escheat, and removing any just grounds of complaint. The governor stated to the proprietors that it was impossible for any one, unacquainted with the local circumstances of a new colony, to form a correct estimate of the difficulties and privations which the past settlers on wilderness lands had to encounter. He said it was a long series of years before he could obtain from the soil more than a bare subsistence for himself and his family, notwithstanding the most unwearied perseverance and industry. It ought not, therefore, to be matter for surprise that, although he might be ready and willing to pay a fair equivalent, either in rent or otherwise, for the land occupied, he should feel dismayed at the prospect of being deprived of the hard-earned fruits of the labor of the earliest and best years of his manhood, whether from an accumulation of heavy arrears of rent, which he was unable to realize from the land, or from the refusal of the proprietor to grant him a tenure of sufficient endurance to ensure to his family the profits of his industry; and this, probably, in the decline of life, with a constitution broken, and health impaired by incessant toil. In these circumstances it could not be matter for surprise that he should be discontented with his lot, or that he should instil hostile feelings into the minds of his family, and be ready to lend a willing ear to proposals, however fallacious, which held out a hope of relief.

After alluding to the fact, that the high sheriff of King’s County had been recently resisted by a considerable body of armed men, while engaged in enforcing an execution on a judgment obtained in the supreme court for rent, and had his horses barbarously mutilated, he recommended, as a remedy for the evil, that land-agents should have a discretionary power to relieve tenants of arrears of rents, in cases where it was impossible they could ever pay them; and that long leases should be granted at the rate customary in the colony, the rent to be payable in the productions of the soil at the market prices. He also recommended that, in cases where long leases were objected to, the tenants should be allowed to purchase the fee simple at twenty years’ purchase, or that payment for their improvements, at a fair valuation, should be ensured on the expiration of their terms.

The governor forwarded a copy of the circular containing these reasonable suggestions to the secretary of state for the colonies. This mode of dealing with the tenantry, it may be here remarked, had already, in numerous instances, been acted upon with the best results, so that the efficiency of the change recommended in securing harmony between landlord and tenant had been most satisfactorily tested.

Towards the close of 1837, a rebellion broke out in Canada. The insurgents mustered in considerable numbers, but without sufficient organization, and their leaders—utterly incompetent and cowardly—were the first to escape after a few shots were fired. The militia of the island offered their services in vindication of the King’s authority; but the troops in Canada were quite sufficient to extinguish the rebellion, ere it had attained to any formidable dimensions.

The colonial secretary, Lord Glenelg, transmitted to the governor the copy of a memorial from the proprietors of land, protesting against the royal assent being given to an act of the legislature of the island for levying an assessment on all lands in the island, and demanding an opportunity of stating their objections to it, by their counsel, before the judicial committee of the privy council. This document was referred to a joint committee of the legislative council and assembly, who, in April, 1838, produced an able and elaborate report in justification of the law. The committee, of which T. H. Haviland, R. Hodgson, John Brecken, Joseph Pope, Edward Palmer, and others were members, showed that the local expenditure of the government for the last twelve years had been £107,643, of which £27,506 had been expended on roads and bridges, to the great advantage of the property of the memorialists; £13,556 on public buildings and wharfs; and £66,562 for other local purposes. And of these large sums, the whole amount contributed by the proprietors of the soil had been only £7,413, leaving the balance of £100,000 to be borne by the resident consumers of dutiable articles. The committee fortified their position by extracts from despatches sent by Lords Stanley and Glenelg, and completely justified the imposition of a tax of four shillings currency on wilderness lands. The report, when printed, occupied upwards of five newspaper columns, set in minion type, and bore striking evidence of the industry and ability of its framers.

It appears from a despatch from Lord Durham, then governor general of British North America, which we found at Government House in Charlottetown, and which was not published either at the time or subsequently, that Lord Glenelg forwarded this able report, along with other documents bearing on the subject of escheat, in September, 1838, to his lordship, for the purpose of obtaining his special opinion on the subject, for the guidance of the home government. It is scarcely necessary to premise, before giving this important state document, that Lord Durham is considered the highest authority on those colonial subjects of which he treats in his celebrated report,—a document which will stand for successive generations as a lasting monument of his ability as a statesman, and which has been and is now recognized as embodying the most masterly exposition of colonial questions which has ever been published.

“Castle of Saint Lewis, Quebec,

8th October, 1836.

“My Lord,—I have had the honor of receiving your despatch of the fifth October, whereby you desire that I will express to you my judgment on the whole subject of escheat in the Island of Prince Edward. After perusing the voluminous documents with your lordship’s despatch, I do not feel that it is in my power to add anything to the very full information on the subject which these documents comprise. The information before me is now so ample that upon no matter of fact can I entertain a doubt. Nearly the whole island was alienated in one day by the Crown, in very large grants, chiefly to absentees, and upon conditions of settlement which have been wholly disregarded. The extreme improvidence—I might say the reckless profusion—which dictated these grants is obvious: the total neglect of the government as to enforcing the conditions of the grants is not less so. The great bulk of the island is still held by absentees, who hold it as a sort of reversionary interest which requires no present attention, but may become valuable some day or other through the growing want of the inhabitants. But, in the meantime, the inhabitants of the island are subjected to the greatest inconvenience—nay, the most serious injury—from the state of the property in land. The absent proprietors neither improve the land themselves, nor will let others improve it. They retain the land and keep it in a state of wilderness. Your lordship can scarcely conceive the degree of injury inflicted on a new settlement hemmed in by wilderness land, which has been placed out of the control of government, and is entirely neglected by its absent proprietors. This evil pervades British North America, and has been for many years past a subject of universal and bitter complaint. The same evil was felt in many of the states of the American Union, where, however, it has been remedied by taxation of a penal character,—taxation, I mean, in the nature of a fine for the abatement of a nuisance. In Prince Edward Island this evil has attained its maximum. It has been long and loudly complained of, but without any effect. The people, their representative assembly, the legislative council, and the governor have cordially concurred in devising a remedy for it. All their efforts have proved in vain. Some influence—it cannot be that of equity or reason—has steadily counteracted the measures of the colonial legislature. I cannot imagine it is any other influence than that of the absentee proprietors resident in England; and in saying so I do but express the universal opinion of the colony. The only question, therefore, as it appears to me, is whether that influence shall prevail against the deliberate acts of the colonial legislature and the universal complaints of the suffering colonists. I can have no doubt on the subject. My decided opinion is, that the royal assent should no longer be withheld from the act of the colonial legislature.

“At the same time, I doubt whether this act will prove a sufficient remedy for the evil in question. It was but natural that the colonial legislature—who have found it impossible as yet to obtain any remedy whatever—should hesitate to propose a sufficient one. Undeterred by any such consideration,—relying on the cordial coöperation of the government and parliament in the work of improving the state of the colonies,—I had intended, before the receipt of your lordship’s despatch, and still intend, to suggest a measure which, while it provides a sufficient remedy for the evil suffered by the colonists, shall also prove advantageous to the absent proprietors by rendering their property more valuable. Whether the inhabitants of Prince Edward Island prefer waiting for the now uncertain results of a suggestion of mine, or that the act which they have passed should be at once confirmed, I cannot tell; but I venture earnestly to recommend that Her Majesty’s government should be guided by their wishes on the subject; and in order to ascertain these, I propose to transmit a copy of the present despatch to Sir Charles FitzRoy, with a request that he will, after consulting with the leading men of the colony, address your lordship on the subject.

“With respect to the terms proposed by the proprietors, I am clearly of opinion that any such arrangement would be wholly inadequate to the end in view.

“I am, &c.,

“Durham.

“Lord Glenelg.”

The reference in the closing paragraph of the despatch is evidently to a memorandum of terms proposed by the proprietors for the sale and settlement of land in the island, and forwarded to Lord Genelg by Mr. G. R. Young, their talented solicitor and counsel, in January, 1838.

The very decided opinion expressed by Lord Durham led to the confirmation by Her Majesty of the act passed in 1837 for levying an assessment on all lands in the island, which confirmation was effected at a meeting of the privy council, held on the twelfth of December, 1838; but his lordship’s despatch was not communicated to the assembly by the governor. Its publication would have gratified the inhabitants of the island, and mightily strengthened the agitation which had been prosecuted for so many years with so comparatively little success.

Lord Durham, in his report, has repeated many of the arguments contained in the despatch which we have given, and the valuable evidence given by John W. Le Lacheur, Robert Hodgson,—now Sir Robert,—Sir Charles FitzRoy, George Wright, Thomas Haviland, John Lawson, and G. R. Goodman is published as a portion of the appendix to His Lordship’s report,—evidence which presents a clear and most reliable account of the land question, and exhibits within a moderate compass, with startling effect, the evils which had their origin in the reckless disposal of the island to non-resident proprietors, who disregarded the conditions on which it had been granted.

The coronation of Her Majesty the Queen took place on the twenty-eighth of June, and the event was celebrated in Charlottetown in a manner becoming the loyalty of the inhabitants. The prison doors were thrown open and the debtors set free. A plentiful repast was provided for the poorer classes, of which they joyfully availed themselves. The city was illuminated in the evening, and large bonfires kindled. At a county meeting, held in the court-house, a congratulatory address to the Queen was adopted, and forwarded to London by the governor.

Towards the close of the year 1838, a Mechanics’ Institute was established in Charlottetown, mainly through the instrumentality of Mr. Charles Young,—now the Honorable Judge Young, LL. D. The introductory lecture, which was subsequently published in the Gazette, was delivered by that gentleman. The Lieutenant-governor, Lady Mary FitzRoy, the chief justice, and a large number of the leading people of the town were present. A course of lectures was thus inaugurated which for many years furnished entertainment and instruction to those who availed themselves of the privilege of attendance. In Charlottetown, as well as in other towns, there is a good deal of latent talent which might be beneficially elicited in the delivery of lectures during the winter evenings. It not unfrequently happens that lecture-committees apply for lecturers in quarters where more able ones than can be found with themselves do not exist.

“’Tis distance lends enchantment to the view.”

In the year 1838, the chief of the Micmac tribe presented a petition to the governor, praying for a grant of land to his tribe, which he represented as consisting of five hundred souls. This number seems to have been exaggerated; for the governor, in writing to Lord Glenelg, in reply to an application for information, states that the number of Indians on the island did not exceed two hundred. The governor recommended a grant of Lennox Island—the property of Mr. David Stewart—to the tribe.

Two sessions of the assembly were held in 1839. Whilst the first was proceeding with the public business, a despatch arrived ordering the governor to form an executive, separate from a legislative council. He immediately prorogued the house, and made the necessary nominations to both the councils. The house again met in March, in order to complete the business which remained unfinished at the recent prorogation. During the short interval which had elapsed since the termination of the late session, intelligence had reached the governor that active measures had been taken by the State of Maine to enforce by arms their alleged claims to the territory in dispute between that state and the province of New Brunswick. The season of the year did not admit of any active assistance being rendered in the emergency; but the island authorities determined to respond to the feelings and sentiments expressed by the council and assembly of the neighboring province of Nova Scotia.

W. Cooper was the speaker of the house of assembly in 1839, and was sent as a delegate to London on the land question. Three propositions were made on the subject, namely, the establishment of a court of escheat; the resumption by the Crown of the rights of the proprietors; and a heavy penal tax on wilderness land. The home government rejected the project of escheat, and did not feel at liberty to recommend the advance of two hundred thousand pounds from the treasury. With respect to the third proposal, Lord John Russell, the colonial secretary, expressed his unwillingness to adopt it at the moment, so soon after the imposition of a tax of the same description, and until it had been clearly proved that no remedy was to be expected from the imposition of that tax, and from the disposition of the proprietors to come to an equitable arrangement with the tenantry. The colonial secretary declined to discuss the question with Mr. Cooper, and made his decision known, through the governor of the island, in a despatch dated the seventeenth of September, 1839, in which he expressed his approval of the terms proposed by the proprietors, through their agent, Mr. Young, recommending them as the basis on which Her Majesty’s government desired that the question should be arranged.

CHAPTER VII.

Marriage of the Queen—Education in 1842—Foundation-stone of the Colonial Building laid—The Governor withdraws his patronage from Public Institutions—Dispute between the Governor and Mr. Pope—Election disturbances in Belfast—The Currency Question—Responsible Government discussed—Governor Huntley succeeded by Sir Donald Campbell—Earl Grey’s reason for withholding Responsible Government—The death of Sir Donald Campbell—Ambrose Lane, Administrator—Sir A. Bannerman, Governor—Responsible Government introduced—Temperance movement—The loss of the “Fairy Queen”—Dissolution of the Assembly—Governor Bannerman succeeded by Dominick Daly—The Worrell Estate bought by the Government—J. Henry Haszard perishes in the Ice Boat—Census of 1855—A loan wanted—The Imperial Guarantee promised, but not given—Resolutions praying for a Commission on the Land Question—Charles Young, Administrator—Biographical Sketch of Bishop McDonald,—Death of James Peake.

In February, 1840, the Queen was united in marriage to Prince Albert, of Saxe-Coburg-Gotha, and in November of the same year the Princess Royal was born. Intelligence of an attempt to assassinate the Queen reached the Island towards the end of July. The culprit was a lad named Edward Oxford, a servant out of place. As Her Majesty, accompanied by Prince Albert, was proceeding in a carriage for the purpose of paying a visit to the Duchess of Kent, at her residence in Belgrave Square, they were fired upon by Oxford, who held a pistol in each hand, both of which he discharged. The shots did not, however, take effect, and it was subsequently discovered that the youth was insane.

The governor, Sir Charles A. FitzRoy, having been appointed to the West Indies, he was succeeded by Sir Henry Vere Huntley, who arrived in November, 1841, and received the usual welcome. In March of the year following died the Honorable George Wright. He had been five times administrator of the government, a duty which devolved upon him as senior member of the council, to which he had been appointed in 1813. He also, for many years, filled the office of surveyor-general. He appears to have discharged his duties conscientiously, and his death was regretted by a large circle of friends.

In February, 1842, Mr. John McNeill, visitor of schools, presented his report, which furnished interesting facts respecting the progress of education in the island. In 1833 the number of schools was seventy-four,—in 1841 they had increased to one hundred and twenty-one. While the number of schools had increased in this ratio, the number of children attending them had in the same period been more than doubled.

Total Population. No. of Schools. No. of Scholars. Average Attendance in each school.

In 1833—32,293 74 2176 29.4

In 1841—74,034 121 4356 36

In November, 1842, Mr. John Ings started a weekly newspaper, designated The Islander, which fully realized in its conduct the promises made in the prospectus. For thirty-two years it continued an important public organ, when, for reasons into which it is not our business to inquire, it was discontinued.

In March, 1843, a serious disturbance took place in township forty-five, King’s County, when a large assemblage of people forcibly reinstated a person named Haney into the possession of a farm from which he had been legally ejected. The dwelling-house of a person employed by the proprietor to protect timber was also consumed by fire, resulting from the torch of an incendiary. Energetic measures were adopted to enforce the majesty of the law.

On the sixteenth of May, 1843, the corner stone of the colonial building was laid by the Governor, Sir Henry Vere Huntley. A procession was formed at government house, and moved in the following order: masons, headed by a band of music; then followed the governor on horseback, surrounded by his staff; after whom came the chief justice, the members of the executive and legislative councils, the building committee, the various heads of departments, the magistracy,—the members of the Independent Temperance Society bringing up the rear. Having, with trowel and mallet, gone through the ceremony, His Excellency said: “The legislature having granted means for the erection of a provincial building, and the corner stone having been now laid, I trust that a new era of prosperity will open in this colony, and am satisfied that the walls about to rise over this stone will resound with sentiments expressive of British feeling, British principles, and British loyalty.” A royal salute was then fired, and three hearty cheers for the Queen were given by hundreds who had collected to witness the proceedings. The design was drafted by Isaac Smith, President of the Mechanics’ Institute, and the building was to be composed of freestone, imported from Nova Scotia,—the estimated cost being nearly eleven thousand pounds currency.

At the annual meeting of the Central Agricultural Society, a letter was read from Mr. T. H. Haviland, intimating that in consequence of recent public measures with relation to government house, the governor withdrew his name from the public institutions of the island, and that consequently he ceased to be the patron of the agricultural society. It seems that the governor deemed the action of the assembly, in reference to government house, illiberal in a pecuniary sense; but that was a very insufficient reason for a step so fatal to his excellency’s popularity and usefulness. The committee, with a negative sarcasm which the governor must have felt keenly, simply passed a resolution expressing regret that any public measures—in reference to government house—over which the society had no control, should have been deemed by his excellency a sufficient reason for the withdrawal of his name as patron of the society; and a resolution was passed, at the annual meeting, soliciting the honor of His Royal Highness Prince Albert’s patronage, which, it is unnecessary to add, was readily granted.

In 1846 a dispute arose between the governor and Mr. Joseph Pope, which excited considerable interest at the time, and which resulted in a correspondence between the colonial office and the governor. It seems that Mr. Pope had opposed strenuously, as an influential member of the house of assembly,—he was then speaker,—a proposal to add five hundred pounds to the governor’s annual salary, and this generated in the mind of his excellency a very undignified feeling of hostility to Mr. Pope, who had only exercised a right which could not be legitimately called in question. Writing to Mr. Gladstone, then colonial secretary, the governor said of Mr. Pope: “As for any support from Mr. Pope, I am quite satisfied that in all his private actions, since the time of my persisting in reading the speech, at the opening of the session of 1845, respecting the debt he had accumulated, he has been my concealed enemy.” The governor resolved to get quit of Mr. Pope, as an executive councillor, and proceeded, in utter disregard of his instructions, to effect that object by suspending that gentleman from his seat at the board, without any consultation with other members of the council, assigning to Mr. Gladstone, as his reason for dispensing with the usual forms, that he had learnt from good private sources that the council, if consulted, would have dissuaded the suspension of Mr. Pope, and would have recommended the commencement of proceedings, by referring the question to Her Majesty’s government. This reason could not prove satisfactory to the colonial secretary, and the governor was ordered to bring the case before the executive council, in which Mr. Pope was to be reinstated as a member; and if they should advise his suspension, then, but not otherwise, he was to be suspended from his office as an executive councillor, until Her Majesty’s pleasure was known. Copies of the despatches in which charges were brought against Mr. Pope were ordered to be sent to himself, to which he had an opportunity of replying; but, in the meantime, he prudently tendered his resignation to the governor, in a long communication, in which he gave his reasons for so doing, and in which he embodied a reply to the governor’s charges, and condemned his gubernatorial action in very plain and energetic terms.

The legislature met for the first time in the new colonial building in January, 1847. An election for the district of Belfast was ordered to be held on the first of March. There were four candidates in the field: Messrs. Douse and McLean on one side, and Messrs. Little and McDougall on the other. A poll was opened at Pinette. The chief supporters of the two former gentlemen were Scotchmen, and of the two latter, Irishmen. A riot ensued, in which a man named Malcolm McRae was so severely injured that he died. Several others lost their lives in this disgraceful scene. Dr. Hobkirk testified before the executive council that from eighty to a hundred persons were suffering from wounds received in the contest. A large force was sent to the locality, and, on the nineteenth of March, Messrs. Douse and McLean were returned without opposition. There is not now a more peaceful locality in the island than that in which the riot took place; national prejudice and political rancor are lost in kindly fellowship.

Messrs. Charles Hensley, Daniel Hodgson, and George Birnie having been appointed by the governor commissioners to examine into all matters connected with the state of the currency of the island, presented their report in February, 1847,—a report which was creditable both to their industry and judgment. It appears from a letter addressed by Mr. Robert Hodgson, then attorney general, to the commissioners, that the legal currency of the island was the coinage of the United Kingdom of Great Britain and Ireland, and the Spanish milled dollar, which was valued at five shillings sterling,—the debtor having the option of paying in either of these descriptions of money. The commissioners drew attention to the fact, that the currency of the island was greatly depreciated, and that the process of depreciation was going on, which was proved by the circumstance that the Halifax bank note of a pound, which twelve months previously, would purchase no more than twenty-three shillings of the island currency, was now received and disbursed at the treasury for twenty-four shillings. This depreciation the commissioners attributed to an extensive issue of unconvertible paper, both notes and warrants, combined with a growing distrust of the economical administration of the finances of the colony, arising from the continued excess of the expenditure over the receipts of revenue for some years past. They therefore recommended the reversal of the order of procedure, by diminution of outlay, the increase of revenue, the gradual abolition of notes, and the restraining of the issue of warrants to the amount required yearly for the public service. They also alluded to the advantages that would result from the establishment of a substantial bank, issuing notes payable on demand, and affording other facilities for the commercial and agricultural operations of the island. The commissioners concluded their report by expressing their deliberate opinion that whilst a paper circulation, based on adequate and available capital, was, under prudent management, of the utmost benefit to a commercial and agricultural population, and would contribute largely to its prosperity, unconvertible paper was a curse and a deception,—a delusive and fictitious capital, which left no solid foundation to rest upon in any time of reverse and difficulty. They also expressed the hope that on no pretext should a permanent debt be established in the colony, as the evil effects of such a burden would not be confined to the additional charge upon the revenue, but would necessitate the absorption of capital which might be more beneficially employed in commerce, manufactures, or agricultural improvement.

The subject of responsible government was discussed at length in the assembly during the session of 1847, and an address to the Queen on the subject was adopted by the house, in which it was represented that the lieutenant-governor or administrator of the colony should be alone responsible to the Queen and imperial parliament for his acts, that the executive council should be deemed the constitutional advisers of the representative of Her Majesty, and that when the acts of the administrator of the government were such as the council could not approve, they should be required to resign. The house recommended that four members of the executive council should be selected from the lower branch of the legislature, such members being held responsible to the house for the acts of the administrator of the government. As the local resources of the assembly did not admit of retiring pensions being provided for the officers who might be affected by the introduction of the system of departmental government, it was suggested that the treasurer, colonial secretary, attorney general, and surveyor general should not be required to resign, but that they should be required to give a constitutional support to the measures of government. In closing the session, the governor intimated his intention of giving the address which had been voted by the house his cordial support.

As the governor’s term of office was about to expire, a petition was got up by his friends, praying for his continuance in office. This movement stimulated a counter movement on the part of an influential section of the community, who were antagonistic to the governor, and, consequently, a counter petition was framed, and a subscription set on foot to pay the expenses of a deputation to convey the petition to England. The deputation consisted of the following gentlemen: Mr. Joseph Pope, speaker of the house of assembly, Mr. Edward Palmer, and Mr. Andrew Duncan, a prominent merchant. The main grounds on which the continuance in office of the governor was objected to were the following:—That he had recently coalesced with parties who had been unremitting in their endeavors to bring his person and government into contempt; that he had shown a disinclination to advance the real interests of the colony, by withdrawing his patronage and support from all public societies in the island, because the legislature had declined to accede to his application for an increase of salary from the public funds; that on one occasion, through the colonial secretary, he publicly denounced every member of society who would dare to partake of the hospitality of a gentleman—a member of the legislative council—who was then politically opposed to him; that he had, on various occasions, improperly exercised the power given to him by the Queen, by appointing parties totally unqualified by education and position to the magistracy; that on a late occasion he had personally congratulated a successful political candidate at government house, with illuminated windows, at a late hour of the night, in presence of a large mob, who immediately after proceeded through the town, and attacked the houses of several unoffending inhabitants. This formidable catalogue of complaints was calculated to produce a most unfavorable impression on the home government, as to Sir Henry Vere Huntley’s competency to govern the colony. But the home government had come to a determination on the subject before the arrival of the deputation. “I regret to say,” wrote Lord Grey, then the colonial secretary, addressing the governor on the twelfth of August, “that having carefully reviewed your correspondence with this office, I am of opinion that there is no special reason for departing in your case from the ordinary rule of the colonial service, and I shall, therefore, feel it my duty to recommend that you be relieved in your government on the termination of the usual period for which your office is held.”

Sir Donald Campbell, of Dunstaffnage, was appointed to take the place of Governor Huntley. He arrived in Charlottetown early in December, and as belonging to an ancient highland family, was greeted with more than ordinary enthusiasm.

When in London, the speaker of the house of assembly and Mr. Palmer called the attention of Earl Grey to the state of the currency, and his lordship subsequently addressed a despatch to the lieutenant-governor on the subject. He alluded to the practice of the local government issuing treasury warrants for small sums of money, and treasury notes for still smaller sums, for the purpose of meeting the ordinary expenses of the government, as tending to depreciate the currency below its nominal value. Two remedies presented themselves: first, whether it would be proper to endeavor to restore this depreciated currency to its original value; or, secondly, whether it would not be better to fix its value at its present rate, taking the necessary measures for preventing its further depreciation. He recommended the latter course, as more injustice was usually done by restoring a depreciated currency to its original value than by fixing it at the value which it might actually bear. To prevent further depreciation, he recommended that the legislature should pass a law enacting that the existing treasury warrants should be exchanged for treasury notes to the same amount, and that these notes should be declared a legal tender; that it should not be lawful to make any further issue of treasury notes, except in exchange for the precious metals, the coins of different countries being taken at the value they bore in circulation, and that the treasury notes should be made exchangeable at the pleasure of the holders for coin at the same rate. In order to enable the colonial treasurer, or such other officer as might be charged with the currency account, to meet any demands which might be made upon him for coin in exchange for treasury notes, it might be necessary to raise a moderate sum by loan, or otherwise, for that purpose. Though these suggestions were not entirely carried out, yet an act was passed in the session of 1849, which determined the rates at which British and foreign coins were to be current, and how debts contracted in the currency of the island were to be payable.