The King referred this report, and all the other papers, to a committee of council, to whom Lord Egmont sent observations on the report, drawn up with great ability, in which his former arguments were repeated, and others adduced to strengthen them. These observations are pervaded by a bitterness of expression which, in the circumstances, is pardonable. The committee of council coincided in the views of the Board of Trade, and on the 9th of May, 1764, came the climax to Lord Egmont’s proposal, in the form of a minute of council, embodying a report adverse to the proposition of the Earl, and ordering that no grants be made of land in the Island of Saint John upon any other principles than those comprised in the reports of the Lords Commissioners of trade and plantations.
About the time of the arrival in London of Captain Holland’s plans of the island, the friends of Lord Egmont again mustered in great strength, including officers of high rank in the naval and military service, bankers, and merchants, and drew up a final memorial in behalf of his Lordship’s scheme, which closed with these words:—“That if at the end of ten years any ill consequence should be found to have arisen therefrom, upon an address to the two houses of parliament, His Majesty in council might change the jurisdiction in such manner as experience of the use or abuse might then dictate or demand.” That Lord Egmont was sanguine as to the success of this last appeal in his behalf, appears evident from a manuscript letter now before us, addressed by him on the 8th October, 1765, to Captain Holland, in which he says:—“I think it proper to let you know that a petition will be again presented to His Majesty in a few days for a grant of the Island of Saint John, upon the very same plan as that proposed before, which I have now reason to expect will meet with better success than the former. The same persons very nearly will be concerned, those only excluded who were drawn away by proposals and grants elsewhere by the Board of Trade, in order if possible to defeat my scheme. For yourself, you may be assured of your Hundred, as formerly intended, if I have anything to do in the direction of the affair,—which probably I shall have in the same mode and manner. Whether the grant may be made before the arrival of the survey or not I cannot certainly say, but we wait patiently for it, and hope it will be done accurately as to Hundreds, Manors, Freehold Villages, Towns, and Capitals, that a moment’s time may not be lost afterwards in proceeding to draw the lots, and then in proceeding to erect the Blockhouses of the Hundreds on a determined spot, which is the very first work to be put in execution, and agreed to be completed by all the chief adventurers within one twelvemonth after the grant shall be obtained.” This communication leads to the conviction, that if the island had been then granted no time would have been lost in erecting the strongholds referred to. It is evident that the erections were intended to consist mainly of wood. The adventurers were, for the most part, wealthy and influential, and under their auspices thousands would have emigrated to the island. It were vain to speculate as to the effect which would be produced if Egmont’s scheme had been put in execution. In looking over the list of those to whom Hundreds were to be allotted, we find that of the forty persons specified, thirty-two were military or naval officers,—men whose profession did not, as a rule, fit them for the direction of the settlement of a new colony. It is probable, however, that the expense to which, at the outset, the forty Lords of Hundreds were to be put would prompt them to take a more lively interest in their property than was exhibited by the subsequent grantees. It is, however, possible that not a few of the proposed lords intended to dispose of their property to the highest bidder soon after the lots were drawn, and thus to avoid the expense of the blockhouse erections, such a transference of interest being allowable under the proposed original grant. That Egmont intended to carry out his scheme in its integrity, there is no room to doubt. He must have employed the highest legal ability to frame his memorials, which are distinguished by a mastery of the ancient feudal tenures of the kingdom, which elicited expressions of admiration from the government. The pertinacity with which he urged his scheme showed that he was not a man easily diverted from any settled purpose, and few governments could have resisted the powerful influence he brought to bear for the attainment of his object. There can be little doubt that whatever might be the consequences of possession to the Lord Paramount himself and his family of nine children, the destiny of the island would have been far better in his keeping than in that of the men to whom it was afterwards unfortunately committed. In order to conciliate Lord Egmont, and make reparation to him for the trouble and expense to which he had been put in urging his scheme, the Board of Trade, by a minute dated the 5th of June, 1767, offered him any entire parish,—comprehending about one hundred thousand acres,—which he might select, but his lordship addressed a letter to the Board on the eleventh of the same month declining to take the grant. [B]
CHAPTER II.
Determination of the Home Government to dispose of the whole Island—The manner in which it was effected—Conditions on which grants were made—Appointment of Walter Patterson as Governor—Novel duties imposed on him—Callbeck made prisoner by Americans—Arrival of Hessian Troops—Sale of Land in 1781—Agitation in consequence—Complaints against the Governor, and his tactics in defence—Governor superceded, and Colonel Fanning appointed—Disputes between them—Charges of immorality against Patterson—His departure from the Island.
Although the government had resolutely opposed the scheme of settlement proposed by Lord Egmont, yet it was disposed to divide the island among persons who had claims on the ground of military or other public services; and it was accordingly determined, in order to prevent disputes, to make the various allotments by ballot. [C] The Board of Trade and Plantations accordingly prepared certain conditions, under which the various grants were to be made. On twenty-six specified lots or townships a quitrent of six shillings on every hundred acres was reserved, on twenty-nine lots four shillings, and on eleven lots two shillings, payable annually on one half of the grant at the expiration of five years, and on the whole at the expiration of ten years after the date of the grants. A reservation of such parts of each lot as might afterwards be found necessary for fortifications or public purposes, and of a hundred acres for a church and glebe, and of fifty acres for a schoolmaster, was made, five hundred feet from high-water mark being reserved for the purpose of a free fishery. Deposits of gold, silver, and coal were reserved for the Crown. It was stipulated that the grantee of each township should settle the same within ten years from the date of the grant, in the proportion of one person for every two hundred acres; that such settlers should be European foreign protestants, or such persons as had resided in British North America for two years previous to the date of the grant; and, finally, that if one-third of the land was not so settled within four years from the date of the grant, the whole should be forfeited. Thus the whole island was, in 1767, disposed of in one day, with the exception of lot sixty-six, reserved for the King, and lots forty and fifty-nine,—which had been promised to Messrs. Spence, Muir, and Cathcart, and Messrs. Mill, Cathcart, and Higgens, by the government, in 1764, in consideration of their having established fisheries, and made improvements on the island, [D]—and three small reservations, intended for three county towns. A mandamus addressed to the Governor of Nova Scotia, the island being now annexed to that province, was handed to each of the proprietors, instructing the governor to issue the respective grants, on the conditions specified. In the following year, 1768, a large majority of the proprietors presented a petition to the King, praying that the island should be erected into a separate government; that the quitrents which would become payable, according to stipulation, in 1772, should become payable from the first of May, 1769, and that the payment of the remaining half should be deferred for the period of twenty years. This proposition was accepted by the government, and accordingly Captain Walter Patterson, one of the island proprietors, was appointed governor. He, accompanied by other officers, arrived on the island in 1770, at which period, notwithstanding the conditions of settlement attached to the land grants, there were only one hundred and fifty families and five proprietors residing on it. It was calculated by the government that the quitrents would amount in the aggregate to fourteen hundred and seventy pounds sterling. The governor was instructed to pay out of that fund the following annual salaries, in sterling currency: to himself, as governor, five hundred pounds, to the secretary and registrar, one hundred and fifty pounds, to the chief justice, two hundred pounds, to the attorney general, one hundred pounds, to the clerk of the crown and coroner, eighty pounds, to the provost marshal, fifty pounds, and to a minister of the Church of England, one hundred pounds. This arrangement was to remain in force not more than ten years, and in the event of the quitrents falling short, from any cause, of the required sum, the salaries were to be diminished in proportion.
The governor was required to perform other duties, which were grossly unjust, and in some cases beyond human capability. He was, for example, enjoined by the twenty-sixth and twenty-seventh articles of his instructions to permit “liberty of conscience to all persons (except Roman catholics), so they be contented with a quiet and peaceable enjoyment of the same, not giving offence and scandal to the government,” and he was also “to take especial care that God Almighty should be devoutly and duly served throughout his government.” No schoolmaster, coming from England, was permitted to teach without a license from the Bishop of London; and it was assumed in his instructions that all Christians, save those connected with the Church of England, were heterodox. Some denominations were, indeed, tolerated; but in conformity to the bigoted British policy of the times, Roman catholics were not permitted to settle on the island. This sectarian policy has borne bitter fruit in Ireland, in the alienation of a great mass of the Irish people. So deeply has alienation struck its roots, and so widely spread are its branches, that, notwithstanding catholic emancipation, its effects are still painfully visible, not only in Ireland, but also in the masses of the Irish people located in the United States, as strikingly evinced in the election of the late John Mitchell, for Tipperary, and in the honors which have been paid to his memory in the States. More than one generation will pass away ere the evil effects of unjust anti-catholic legislation are totally obliterated from the continent of America.
The little progress made in the settlement of the island, from the time it was granted until the year 1779, is indicated by the fact that no step had been taken to introduce settlers into all the lots, ranging from one to sixteen, besides other thirty-three which were in the same condition. Thus, although more than ten years had elapsed since the ballot took place, in scarcely a score of lots was there any attempt made to conform to the conditions attached to the sixty-seven townships.
Notwithstanding the very small population of the island, it was resolved to grant it a complete constitution. This step the governor was commanded in his instructions to take as early as possible. “The forming a lower house of representatives for our said Island of Saint John,” said His Majesty, “is a consideration that cannot be too early taken up, for until this object is attainable, the most important interests of the inhabitants will necessarily remain without that advantage and protection which can only arise out of the vigor and activity of a complete constitution.” In the year 1773, the first assembly was convened. The first act passed was one confirming the past proceedings of the governor and council, and rendering valid all manner of process and proceedings in the several courts of judicature within the island, from the first day of May, 1769, to the present session of assembly.
The proposal to pay the government officials in the island from the amount realized from the quitrents completely failed, as but few of the proprietors acted as if they had been under obligation to comply with the conditions on which they obtained their grants. The sum realized from the amount of quitrents paid was totally inadequate to pay the official salaries. Hence it was necessary that some other arrangement should be adopted. The governor was reduced to such straits for want of money, that he was under the necessity of appropriating three thousand pounds, granted by parliament for the erection of public buildings in the island, for the maintenance of himself and the other government officers. The governor went to England in 1775, when it was agreed that the proprietors, in order to meet the difficulties of the case, should present a memorial to the Secretary of State for the colonies, praying that the civil establishment of the island should be provided for by an annual parliamentary grant, as in the case of the other colonies. By a minute of the seventh August, 1776, it was ordered by the government that the arrears of the quitrents due should be enforced by legal proceedings, and that the sum thus obtained should be devoted to the refunding of the amount expended, in a manner incompatible with the object for which it was voted. The power for the recovery of the quitrents, with which the governor was thus invested, was not speedily exercised, as he was anxious not to offend the proprietors, through whose influence the payment of the civil establishment of the island was placed on a more satisfactory footing.
During the governor’s absence in England the Hon. Mr. Callbeck, being the senior member of the council, was sworn in as administrator. In November of that year, a ship from London, having on board a number of settlers, and loaded with a valuable cargo, was unfortunately wrecked on the north side of the island. All on board were saved, but the cargo was either lost, or destroyed to such an extent as to be of little value,—an accident which involved no small hardship to the inhabitants.