History of Prince Edward Island. Campbell Duncan

cool; and thus all hope of his restoration to the governorship was blighted. The large sums he had expended in the election of a house favorable to his views, and the impossibility of saving any part of his annual income (five hundred pounds sterling), without sacrificing the becoming dignity of his post, added to the circumstance that his wife and family had to be maintained in England during the whole period of his incumbency, rendered his means extremely limited. Being pressed by his creditors, his extensive and valuable property in the island was sold – under hard laws, which had been enacted under his own administration – at nominal prices. It need therefore excite no surprise that he never returned to a scene invested with so many painful recollections.

      But the question occurs: what became of the escheated lands which were ordered to be restored to the original proprietors? After the proceedings already recorded, no determined effort to obtain the property was made by the original holders, with regard to whose claims to restitution no doubt could now exist. The assembly did, indeed, pass an act in 1792, by which the old proprietors were permitted to take possession of their property; but eleven years having elapsed since the sales took place, and complications of an almost insuperable nature having in consequence ensued, the government deemed it inexpedient to disturb the present holders, more particularly as not a few of them had effected a compromise with the original grantees, which entitled them to permanent possession. Hence the act referred to was disallowed, and thus a subject which had for years agitated the community was permitted to remain in continued abeyance.

      CHAPTER III

      Proprietors indifferent to their engagements – Extent to which settlement was effected – Complaints of the People of nonfulfilment of engagements – Character of the Reply – The influence of the Proprietors with the Home Government – The Duke of Kent – Proposal in 1780 to name the Island New Ireland – The name adopted – Formation of Light Infantry, and Volunteer Horse – Immigration of Highlanders – Memoir of General Fanning.

      As proof that the great body of the proprietors were utterly indifferent to the engagements they contracted when they obtained their lands, it is only necessary to state that in only ten of the sixty-seven townships into which the island was divided were the terms of settlement complied with, during the first ten years which had elapsed since possession was granted. In nine townships settlement was partially effected, and in forty-eight no attempt whatever at settlement seems to have been made. In 1797, or thirty years after the grants were issued, the house of assembly, sensible of the necessity of taking action for the more effectual settlement of the island, passed a series of resolutions, – founded on a deliberate and painstaking investigation of all the townships, – which were embodied in a petition to the home government, praying that measures should be taken to compel proprietors to fulfil the conditions on which the land had been granted. The assembly drew attention to the following facts: That, on twenty-three specified townships, consisting of four hundred and fifty-eight thousand five hundred and eighty acres, not one settler was resident; that on twelve townships the population consisted only of thirty-six families, which, on an average of six persons to each family, numbered in the aggregate two hundred and sixteen souls, who thus constituted the entire population of more than half of the island. On these and other grounds, it appeared to the house that the failure of so many of the proprietors in implementing the terms and conditions of their grants was highly injurious to the growth and prosperity of the island, ruinous to its inhabitants, and destructive of the just expectations and views of the government in its settlement. The house contended that the long forbearance of the government, towards the proprietors who had failed to do their duty, had no other effect than to enable them to speculate on the industry of the colony. The house was of opinion that the island, if fully settled, was adequate for the maintenance of half a million of inhabitants, and it prayed that the proprietors should be either compelled to do their duty, or that their lands should be escheated, and granted to actual settlers.

      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:

      1

      The Rev. Mr. Sutherland, in his Geography, estimates the population at about four thousand, which corresponds with the estimate of the writer. See History of Nova Scotia, page 143.

      2

      The writer has obtained his information from manuscript copies of the original minutes of the Commissioners of Trade and Plantations.

      3

      The method of granting the lots was the following: – The Board of Trade ordered all petitioners for grants to appear before them personally or by deputy on the 17th and 24th June, and 1st July, 1767, in support of their respective claims. During these days, after hearing parties, they selected