History of Prince Edward Island. Campbell Duncan

suffering from fever, but speedily recovered, on account of the admirable character of the climate. The town supply of provisions was utterly inadequate to meet the demand occasioned by so large an addition to the population, but the farmers soon made up the deficiency, and the Hessians remained till the month of June, when they left for their destination. Not a few of the men were so favorably impressed with the island, that they returned to it from Germany, many years afterwards, and became industrious settlers.

      Governor Patterson returned to the island in 1780, relieving the Honorable T. DesBrisay, who had succeeded Mr. Callbeck as administrator; and shortly after his arrival he appointed Mr. Nisbet, his brother-in-law, then clerk of the council, to the office of the receiver of quitrents. It was now determined by the governor to enforce a law passed by the assembly in 1773, “for the effectual recovery of certain of His Majesty’s quitrents in the Island of Saint John,” and in conformity to the treasury minute of the seventh of August, 1776, to which reference has already been made. Accordingly, early in 1781, proceedings were commenced in the supreme court against the townships in arrear of quitrents, as enumerated in the act of 1773, and the sale of a number of townships was thus effected. These reasonable proceedings were complained of to the British government, and powerful influence was brought to bear for the purpose of counteracting them. As the act of 1773, which had been confirmed by His Majesty, only applied to a part of the lands granted, it was deemed necessary to pass another act in 1781, which was intended to take a wider scope, and to render the sale of all lands in the island, where quitrents remained unpaid, legal. This act had, however, a clause suspending its operation till the King’s pleasure should be known. It appears by a manuscript copy of a report, dated tenth of July, 1783, by the lords of the committee of council for plantations, now before us, that this act was referred to Andrew Jackson, one of the King’s council, who reported that, in point of law, no objection could be made to it; and the same report also furnishes interesting information as to the considerations by which the government was influenced in its treatment of the action of the House of Assembly in regard to land. An application was made in behalf of officers abroad in the King’s service, who were proprietors of land, praying that the arrears of quitrent due on their lands should be remitted, and that no proceedings should be taken to dispose of those lands for future arrears until the conclusion of the war, when they might be enabled to settle and improve the same. Thomas Townshend, the colonial secretary, accordingly recommended that no action during the war should be taken against the property of absent officers. A petition was about the same time presented by other proprietors of land in the island, reciting the difficulties peculiarly incident to the island, showing that their expectations, mainly in consequence of the American war, had proved abortive, and complaining that many of the allotments in the island had been sold under the assembly act of 1774, and of the treasury order of 1776, to officers resident in the island, for little more than the arrears and charges of confiscation. They further prayed for a remission of the quitrents in arrear, and that in future they might have the option of paying the quitrents either in London or the island. The council proceeded, on the first of May, to take these matters into consideration, when it was agreed “that all such as, on or before the first of May, 1784, should have paid up all the arrears of quitrent due upon their respective lots to the first of May, 1783, should, from the said first of May, 1783, until the first of May, 1789, be exempted from the payment of more than the quitrent now payable upon each of their lots, and that, for and during the further term of ten years, – to commence from the said first of May, 1789, – the same quitrent only as is now payable on each of their lots should continue to be paid in lieu of the advanced quitrent, which, by the terms of the grants, would have become due and payable from the said first of May, 1789.” In accordance with this decision, a bill was prepared, which not only granted the redress specified in the above quotation, but also disallowed the act of 1781, and repealed the act of 1774, and rendered all the sales effected under it void, on the payment by the original proprietors of the purchase-money, interest, and charges incurred by the present holders, compensation being also required for any improvements made on the lands since the date of sale. This bill was drawn out in London, and sent to Governor Patterson in 1784, in order that it might be submitted to and adopted by the house of assembly. But the governor, having been himself a purchaser to a large extent of the confiscated property, assumed the responsibility of postponing official action in the matter, on the ground that the government was mistaken as to facts connected with the sale of the land, and, on consulting with the council, it was resolved to send to the home government a correct representation of the circumstances under which confiscation took place, in justification of delay in submitting the bill to the assembly for approval.

      A Mr. John Stuart,5 an intimate friend of Governor Patterson, and who had resided in London for fourteen years, was in 1781 appointed by the house of assembly as their London agent. We have been favored with the perusal of a number of private and confidential letters which passed between the governor and this gentleman. These throw considerable light on the island history of this period. The sales of land recently made excited intense indignation against the governor on the part of those whose property had been confiscated, who were backed in their applications for redress by the general body of proprietors. The act sent to the governor, and which he failed to present to the house of assembly, was the result of these applications. In the preamble of that portion of the act which provided for relief to the complainants, it was stated that the governor and council, on the first day of December, 1780, unanimously resolved, in order to give absent proprietors whose lands were liable to be sold an opportunity of relieving their property, that no sales should take place until the first Monday of November following, and that in the meantime the colonial agent in London should be instructed to inform the proprietors of the proposed sale; and “whereas,” runs the act, “notwithstanding such determination and resolution, no such notice was given by the colonial agent to the proprietors, it seems reasonable that they should obtain effectual relief in the premises.” It is only fair that the governor should be allowed to reply in his own words, as contained in a letter now before us, which he addressed to his friend Stuart on the twelfth of May, 1783. In order that a portion of that letter may be understood, it is necessary to say that Captain McDonald, one of the proprietors resident in London, had written a pamphlet reflecting on the conduct of the governor in disposing of the land, which contributed in no small degree, as Mr. Stuart affirms, in causing the act of relief to be prepared. After referring to business matters, which have no bearing on our story, the governor says: “What appears most pressing at present is to say something in answer to my friend Captain McDonald’s proceedings. But first I must express my astonishment at your not having received any letters from me since December, 1781. I wrote and sent two by the express, which went to the continent in February, 1782, – not to you, indeed, because I thought you had sailed for India; but Mr. Townshend received them, I am certain, for I have answers to them from you. I wrote a long one to you in October, 1782, on a variety of subjects. If this letter has not reached you, I am very unfortunate, as I have no copy of it. I wrote you three others in the course of the winter, copies of which shall accompany this, though they will be now, I fear, of little use, except to show that I have not been idle, or negligent in my attention to the interests of this government. If I succeed, I may be rewarded by my own feelings, but as to any grateful returns, I expect them not. In bodies of men there is no such virtue as gratitude, nor indeed but very rarely in individuals. I feel this, and in few instances more sensibly than in the behaviour of Captain McDonald. Believe me, my friend, I have rendered him and his family many disinterested and essential services; nor do I know that I can let an opportunity slip of doing so, when in my power. But now, when he thinks his interest is in the least affected, he becomes my enemy, and that, too, in a matter where I am only a spectator, or rather, when I ought to have been only such; for the fact is, I did step out of my line in the business of forfeiting the lots, but then it was only to continue my wonted practice to benefit the proprietors. For this purpose I advised sending the advertisements to England, which the law did not require. I, by the advice of council, postponed the sales from time to time, in hopes the proprietors would take some steps in consequence of the advertisements, and, with this view, prevented their taking place till the latter end of November, when every hope was over. This the law did not require, and the advertisements not reaching England in time was not my fault, as the resolution of council directing their being sent is dated twenty-sixth November, 1780, and the sales did not take place

5

This gentleman was not John Stewart, of Mount Stewart. The latter was only twenty-three years of age when John Stuart was appointed by the assembly their agent in London, and he had been only three years on the island at the time of the appointment. His Honor Sir Robert Hodgson, the Lieutenant Governor, has taken the trouble to peruse the correspondence which passed between Governor Patterson and John Stuart, and in a note addressed to the writer, says: “I feel convinced that John Stuart was the person whose name appears on the Island Statute of 30 George III, cap. 5, of the year 1790, as the owner of ten thousand acres of land; and who, I have always understood, was a personal friend of Governor Patterson, and if not an original grantee, must have acquired his land by the instrumentality of his friend the governor, under the sale of the lands for the non-payment of quitrents, so frequently alluded to in the correspondence.” The writer has carefully gone over the list of original grantees, in which there is one named John Stewart, but not one who spelt his name Stuart.