History of Prince Edward Island

by Duncan Campbell

During the session of 1855 an act was passed to impose a rate or duty on the rent-rolls of the proprietors of certain rented township-lands, and also an act to secure compensation to tenants; but the governor intimated, in opening the assembly in 1856, that both acts had not received Her Majesty’s confirmation, at which, in their reply to the speech, the house expressed regret,—not hesitating to tell His Excellency that they believed their rejection was attributable to the influence of non-resident proprietors, which had dominated so long in the councils of the Sovereign. Mr. Labouchere, the colonial secretary, in intimating the decision of the government in reference to the acts specified, stated that whatever character might properly attach to the circumstances connected with the original grants, which had been often employed against the maintenance of the rights of the proprietors, they could not, with justice, be used to defeat the rights of the present owners, who had acquired their property by inheritance, by family settlement, or otherwise. Seeing, therefore, that the rights of the proprietors could not be sacrificed without manifest injustice, he felt it his duty steadily to resist, by all means in his power, measures similar in their character to those recently brought under the consideration of Her Majesty’s government. He desired, at the same, time, to assure the house of assembly that it was with much regret that Her Majesty’s advisers felt themselves constrained to oppose the wishes of the people of Prince Edward Island, and that it was his own wish to be spared the necessity of authoritative interference in regard to matters affecting the internal administration of their affairs.

With regard to the main object which had been frequently proposed by a large portion of the inhabitants, namely, that some means might be provided by which a tenant holding under a lease could arrive at the position of a fee-simple proprietor, he was anxious to facilitate such a change, provided it could be effected without injustice to the proprietors. Two ways suggested themselves: first, the usual and natural one of purchase and sale between the tenant and the owner; and, secondly, that the government of the island should treat with such of the landowners as might be willing to sell, and that the state, thus becoming possessed of the fee-simple of such lands as might thus be sold, should be enabled to afford greater facilities for converting the tenants into freeholders. Such an arrangement could not probably be made without a loan, to be raised by the island government, the interest of which would be charged upon the revenues of the island. Mr. Labouchere intimated that the government would not be indisposed to take into consideration any plan of this kind which might be submitted to them, showing in what way the interest of such loan could locally be provided for, and what arrangements would be proposed as to the manner of disposing of the lands of which the fee-simple was intended to be bought.

In 1856 the legislature presented an address to the Queen, suggesting the guaranty of a loan for the purchase of township lands, with a view to the more speedy and general conversion of leaseholds into freehold tenures. In answering this address, the colonial secretary intimated that the documents sent to him appeared to Her Majesty’s government to afford a sufficient guaranty for the due payment of the interest, and for the formation of a sinking-fund for the payment of the principal of the loan; and that they were prepared to authorise a loan of one hundred thousand pounds, sterling, to be appropriated, on certain specified conditions, to the purchase of the rights of landed proprietors in the island. It will be afterwards seen that good faith was not kept with the people of the island in this matter.

The question as to whether the Bible ought to be made a text-book in the public schools of the island had been freely discussed since the opening of the Normal School, in October, 1856, when the discussion arose in consequence of remarks made by Mr. Stark, the inspector of schools. Petitions praying for the introduction of the Bible into the Central Academy and the Normal School were presented at the commencement of the session of 1858, and the question came before the house on the nineteenth of March, when Mr. McGill, as chairman of the committee on certain petitions relating to the subject, reported that the committee adopted a resolution to the effect that it was inexpedient to comply with the prayer of the several petitions before the house asking for an act of the legislature to compel the use of the protestant Bible as a class-book in mixed schools like the Central Academy and Normal School, which were supported by protestants and catholics alike,—the house feeling assured that so unjust and so unnecessary a measure was neither desired by a majority of the inhabitants of the colony, nor essential to the encouragement of education and religion. The Honorable Mr. Palmer moved an amendment, to the effect that it was necessary to provide by law that the holy Scriptures might be read and used by any scholar or scholars attending either the Central Academy or Normal School, in all cases where the parents or guardians might require the same to be used. The house then divided on the motion of amendment, when the numbers were found equal; but the speaker gave his casting vote in the negative. Mr. McGill being one of the prominent public men opposed to the principle of compulsion in religious matters, was at this time subjected to much unmerited abuse, emanating from quarters where the cultivation of a better spirit might be reasonably expected.

The quadrennial election took place in June, 1858, when the strength of the government was reduced to such a degree as to render the successful conduct of the public business impossible. The government dismissed the postmaster and some of his subordinates from office, which occasioned a large county meeting in Charlottetown, at which resolutions condemnatory of the action of the government and expressive of sympathy for and confidence in the ability and fidelity of the officials were passed. The principal speakers were Mr. William McNeill, Colonel Gray, Honorable E. Palmer, and W. H. Hyde. When the house met, it was found that parties were so closely balanced that the business of the country could not be transacted on the basis of the policy of the government or opposition. The house failed to elect a speaker,—the parties nominated having refused to accept office in the event of election. A dissolution consequently took place, and a new election was ordered. The contest at the polls resulted in the defeat of the government, who resigned on the fourth of April, and a new government was formed, of which the leaders were the Honorable Edward Palmer and the Honorable Colonel Gray.

On the morning that the Islander published the names of the new government, it also announced the death of Duncan McLean, who for nine years edited that paper, and who had, just before his death, been appointed Commissioner of Public Lands. Mr. McLean was a well-informed and vigorous writer; and, although his pen was not unfrequently dipped in political gall, yet he was genial and kindly in private life, and was a man who never nourished his wrath to keep it warm, or allowed it to extend beyond the political arena. Mr. McLean had a large circle of friends who deeply regretted his death.

The governor, in the opening speech of the session, intimated that he had received communications from Her Majesty’s government on the subject of a federal union of the North American Provinces. He also stated that it was not the intention of the home government to propose to parliament the guaranteeing of the contemplated loan. He also informed the house that he had some time previously tendered his resignation of the lieutenant-governorship of the island, that his services were to be employed in another portion of the colonial possessions, and that his successor had been appointed.

Colonel Gray submitted to the house a series of resolutions, which were adopted with certain modifications, praying that Her Majesty would be pleased to direct a commission to some discreet and impartial person, not connected with the island or its affairs, to inquire into the existing relations of landlord and tenant, and to negotiate with the proprietors for such an abatement of present liabilities, and for such terms for enabling the tenantry to convert their leaseholds into freeholds as might be fairly asked to ameliorate the condition of the tenantry. It was suggested in these resolutions that the basis of any such arrangement should be a large remission of arrears of rent now due, and the giving every tenant holding under a long lease the option of purchasing his land at a certain rate at any time he might find it convenient to do so.

The legislative council, of which the Honorable Charles Young, LL. D., was president, adopted an address praying that the Queen would be pleased to give instructions that an administration might be formed in consonance with the royal instructions when assent was given to the Civil List Bill, passed in April, 1857. The council complained that the principle of responsible government was violated in the construction of the existing executive council, which did not contain one Roman catholic, though the population of that faith was, according to the census of 1855, thirty-two thousand; that not one member of the legislative council belonged to the executive; that persons were appointed to all the departmental offices who had no seats in the legislature, and who were, in consequence, in no way responsible to the people; and as all persons accepting office under the Crown, when members of the assembly, were compelled to appeal to their constituents for re-election, this statute was deliberately evaded, and no parliamentary responsibility existed.

In replying to the address of the legislative council, in a counter-address, the house of assembly contended that there was no violation of the principle of the act passed in 1857; that the prejudicial influence of salaried officers having seats in the assembly was condemned by the people at the polls, as indicated by the present house, where there were nineteen for, to eleven members opposed to the principle. As evidence of public opinion on the subject, it was further stated, that when the commissioner of public lands, after accepting office in the year 1857, appealed to the people, he was rejected by a large majority; that the attorney general and registrar of deeds, at the general election in June last, were in like manner rejected; and that at the general election in March last, the treasurer and postmaster-general were also rejected,—the colonial secretary being the only departmental officer who was able to procure a constituency.