History of Prince Edward Island

by Duncan Campbell

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.