History of Prince Edward Island
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The principle on which the Duke of Newcastle rejected the award was, that a man who agrees to refer his case to one tribunal cannot, therefore, be forced to submit it to another. The equity of that principle cannot be denied. What are the facts? The commissioners, unable to conduct an examination into all the cases, recommended that arbitrators, mutually chosen, should undertake the work. They laid down general principles, and left the details to be executed by others. According to his grace’s determination, as expressed in his own words, “It was very desirable that the commissioners should go into the inquiry unfettered by any conditions such as the assembly wished to impose.” The commissioners were enjoined by his grace “to devote their efforts to framing such recommendations as should be demanded by the equity of the case,” and their conclusions “would possess double weight if, happily, they should be unanimous.” Their recommendations and conclusions were adopted unanimously; yet, in the estimation of his grace they, after all, amounted to nothing more than an expression of opinion; for, said his grace, addressing the lieutenant-governor, “I must instruct you, therefore, however unwillingly, to treat the commissioners’ award only as an expression of opinion, which, however valuable as such, cannot be made legally binding on the parties concerned.” If it was simply the opinion of the able men appointed as commissioners that was required, it could have been probably obtained without the formalities of a royal commission, and unaccompanied by some of the solemnities of a judicial tribunal; and if these gentlemen had been aware that their investigations and decisions were to be so easily “put out of the way,” it is certain they would never have condescended to undertake the work; nor would the government or the legislature of the island have gone through business which they thought possible to come, through no fault of theirs, to so comical a termination.
But, assuming that the commissioners had mistaken the nature of their functions in one or two particulars, on what ground could all their decisions be rejected? Because an error in judgment was committed in certain cases, was that any good reason for superciliously brushing aside the whole report, and divesting it of all binding authority? We must leave the reader to answer the question according to his judgment. Practically, the colonial secretary said to the commissioners, on the conclusion of their labors: You have conducted the investigation with ability and impartiality; you have presented a report which has exhausted all the facts necessary to a just decision; but you, at the same time, have completely mistaken the nature of your duties, and your award, if such it can be designated, is without any binding value, and must, therefore, be treated as simply your opinion, and nothing more.
On the case being submitted to Sir Hugh Cairns, for his opinion as to its legal aspects, he stated that the commissioners were invested with authority to inquire into all differences existing between landlords and their tenants, and to propose, as a remedy for the settlement of such differences, any measure which they might think desirable, – that in consequence of the unconstitutional course adopted by the colonial office in reference to the commission, there was no legal validity in any of the proceedings which had taken place. But he expressed, at the same time, the opinion that the proprietors who proposed the commission were not morally justified in repudiating the finding of the commission merely because there were certain other proprietors who did not become parties to the proceeding. Sir Hugh Cairns might have added, that the home government were, in honor, bound to sustain the award of the commissioners, and to give validity to the acts of the assembly.
Impressed with the conviction that the home government, notwithstanding its treatment of the commissioners’ award, would be disposed to give effect to principles of settlement akin to those recommended by the commissioners, the island government resolved to send Messrs. Edward Palmer and W. H. Pope as delegates to England to submit fresh conditions, which might prove acceptable. In October, 1863, these gentlemen had an interview with the colonial secretary (the Duke of Newcastle), when the land question was discussed. The proposals of the delegates were subsequently embodied in a communication addressed to the colonial secretary, and dated the thirteenth of October. A copy of that communication was sent from the colonial office to Sir Samuel Cunard, with the view of having its contents submitted to the proprietors by that gentleman. On the fourteenth of November, the baronet sent to the Duke of Newcastle a reply, in which he presented, at considerable length, his own views of the points at issue. He contended at the outset that the granting of the land originally in large blocks was “an act of necessity, – that the grantees had all lost very heavily by accepting the grants, and that no individual at present on the island had been injured by that proceeding, but, on the contrary, the grants had been a fruitful source of profit to the present generation.” This novel and intensely absurd proposition Sir Samuel proceeded to establish by reference to the taxation to which the proprietors were subjected, and the various measures which had been passed by the local legislature, and confirmed by the home government. Early in December following, Sir Samuel addressed another letter to the Duke of Newcastle, enclosing a bill which, he said, would be acceptable to the proprietors if adopted in its integrity. To the baronet’s letters and bill, Mr. Pope replied, in an able and exhaustive communication, dated the eighteenth of December, which concluded in the following words: “I regret to say, that I cannot construe Sir Samuel Cunard’s communication, on the subject of the proposals for the settlement of the land question, in any other sense than as indicative of unwillingness, on his part at least, to make any such reasonable concessions to the tenantry as would afford that relief which is essential, in order to secure the colony generally from those much-to-be-dreaded evils which necessarily result from wide-spread agrarian agitation.”
The delegates returned to Prince Edward Island, and presented an elaborate report of their proceedings. No further attempt was made to settle the land question till, at the suggestion – as we are given to understand – of the proprietors, an act was introduced, in 1864, for settling the differences between landlord and tenant, and to enable tenants on certain townships to purchase the fee-simple of their farms at fifteen years’ rent. This act passed, and was supplemented in the following year by another act to facilitate the working of the previous one, – authorising the government to provide a sum not exceeding fifty thousand pounds, in order to enable tenants to purchase their lands, – no leaseholder or tenant being entitled to aid beyond one half the purchase-money of his farm.
Here we must refer to an important mission on which the Honorable Joseph Hensley was sent by the island government to England, in the year 1867. He was authorized to raise a loan of money for the public services of the island; to apply to the various proprietors of township lands in Great Britain and Ireland, and ascertain the terms upon which they would be willing to sell their lands to the government; and also to submit the views of the executive council to the imperial government in relation to a demand for the payment of nearly five thousand pounds, sterling, made for the transport and maintenance of troops. This force had been demanded to suppress disturbances which occurred on the island in 1865, and which were the very natural result of that vicious system of land tenure, for the origin and continuance of which the imperial government was responsible. Mr. Hensley poured into the ear of the colonial secretary (the Duke of Buckingham) wholesome truths concerning the constant source of trouble, expense, and discontent the system had proved, and the extent to which the prosperity of the colony had been thereby retarded. The demand of the imperial government was consequently modified. With respect to the loan of fifty thousand pounds, sterling, which Mr. Hensley was empowered to arrange, he wisely deferred, for solid financial reasons, placing the application before the public, and otherwise executed his commission with discretion, diligence, and ability.
The confederation of the island with the Dominion having been effected, in a manner hereafter to be described, and according to stipulation under the terms of union, – eight hundred thousand dollars having been placed at the disposal of the island government for the settlement of a question which, through the disgraceful supineness of successive imperial governments, had been a perpetual source of strife and bitter contention for a nearly century, – the government of the island, as a forlorn hope, resolved to take further action in order to ensure a settlement of the question, by introducing the land purchase act of 1875, which received the formal sanction of the governor-general of the Dominion. This act provided that commissioners should be appointed to determine the value of the various estates whose sale, under the provisions of the act, was to be rendered compulsory. The lieutenant-governor of the island was to appoint one commissioner; the governor-general of the Dominion another; and a third was to be appointed by each of the proprietors whose land was to be valued. As we write, the commissioners are sitting, and the value of the lands is being irrevocably determined. The measure, though one of absolute necessity, – so far as the local government and the interest of the tenants are concerned, – must be regarded as the most unconstitutional act that ever received imperial sanction. It may be safely affirmed, that its parallel is not to be found in the British Statute Book. In its principle, it is antagonistic to the fundamental rights of property, as universally recognized in civilized states. The act, as a precedent, will, doubtless, be cast in the teeth of the owners of British property by our modern communists, the tendency of whose views finds the solemn sanction of law in this measure. It is unjust to the landlord, inasmuch as it compels him to sell his land even when he deems it his interest to retain it; and it is unjust to the tenant, as it necessitates his paying, if he be desirous of securing the fee-simple of the land, a comparatively high price. But it is an act of governmental necessity, as further delay would greatly enhance the value of landed property, and thus render the prospects of the tenant still more unsatisfactory. Far better, however, that millions of pounds sterling were devoted by Great Britain to the compensation of the landlords and tenants of Prince Edward Island, than that so pernicious an act should disgrace the British Colonial Statute Book.
CHAPTER X
Mr. James C. Pope and the Railway – Assimilation of the Currency – Confederation – Conference in Charlottetown – Sketch of Edward Whelan and T. H. Haviland – Opposition to Confederation – Resolutions in the Assembly – Offer of Terms to J. C. Pope – Further Proceedings – The Question of Confederation Resumed – Delegations to Ottawa – Messrs. Haythorne and Laird – Messrs. Pope, Haviland, and Howlan – Final Settlement of the Question.
To the Honorable James C. Pope belongs the honor of being the first to take legislative action of a commendably energetic character, in order to secure to the island admirable facilities for intercommunication by means of a railway. On the third of April, in the session of 1871, that gentleman submitted a resolution to the house of assembly, which was seconded by the attorney-general, Hon. Mr. Brecken, to the effect that the trade and exports of the island having much increased during the past few years, it was found impossible, in the absence of stone or gravel, to keep the roads in an efficient state of repair. It was contended that the construction and efficient maintenance of a line of railway through the island would greatly facilitate its trade, develop its resources, enlarge its revenue, and open more frequent and easy communication with the neighboring provinces and the United States. It was, therefore, proposed to introduce a bill authorizing the government to undertake the construction of a railway, to extend from Cascumpec to Georgetown, touching at Summerside and Charlottetown, and also branches to Souris and Tignish, at a cost not exceeding five thousand pounds, currency, the mile, including all the necessary appliances suitable for a good railroad, provided that the contractors would accept in payment the debentures of Prince Edward Island. The Honorable Mr. Sinclair proposed an amendment condemnatory of this resolution, on the ground that a general election for both branches of the legislature had recently taken place; that the question of constructing a railway was not then properly before the country; and that two petitions were before the house against the proposed undertaking, and none in its favor. On a division, Mr. Pope’s resolution was carried by seventeen to eleven votes. A committee, consisting of the Honorable Mr. Pope, the Honorable Mr. Howlan, the Honorable the Attorney General, the Honorable Mr. Perry, and Mr. Richards, was then appointed to prepare and bring in a bill in accordance with the resolution passed by the assembly. The bill was immediately presented, read a first time, and ordered to be read a second time on the following day. The bill was accordingly read a second time, and committed to a committee of the whole house, – Mr. Beer being chairman. On the main question being put, the measure was approved by eighteen to eleven votes. The report of the committee was then received, and the bill engrossed under the title of “An act to authorize the construction of a railway through Prince Edward Island.” Thus, in two days from the time of its introduction, the bill received the sanction of the assembly; and it may be safely affirmed that few measures have ever been passed by the representatives of the people of greater importance, as bearing on the material interests of the island. It is only fair to state that it was mainly through the tact, energy, and determination of Mr. James C. Pope that the scheme was carried to successful completion.
During this session an act was also passed for assimilating the currency of the island to that of the Dominion of Canada, by the introduction of a decimal system of keeping the public accounts. The act did not disturb the existing value of the current coins, but simply declared what their value should be in relation to the new system.
The question of a union of the North American Provinces was not prominently before the people of Prince Edward Island until 1864. Ten years previously, the subject had been discussed in the parliament of Nova Scotia by the parties of which Howe and Johnston were the leaders, when the latter gentleman moved a resolution favorable to union. In 1857, two members of the government of Nova Scotia had an interview with Mr. Labouchere, the colonial secretary, on the subject, when he intimated that, in the event of concurrence on the part of all the provinces, the home government would be prepared to consider any measure, with a view to the consummation of union, which might be agreed upon. Mr. Galt, in 1858, when a member of the Canadian administration, was an advocate for the consideration of the question; and, subsequently, a correspondence with the home government on the subject was opened by the Canadian government. But the official action which resulted in the consummation of union was taken in the assembly of Nova Scotia in 1861, when the provincial secretary moved that the lieutenant-governor of the province should be respectfully requested to put himself in communication with the colonial secretary, the governor-general, and the lieutenant-governors of the other North American Provinces, in order to ascertain the policy of Her Majesty’s government, and the sentiments of the other colonies, with a view to the consideration of the question. This resolution was unanimously adopted by the assembly, sent to the colonial office, and subsequently transmitted by the Duke of Newcastle to the governor-general, and to the lieutenant-governors of the several provinces. On the proceedings of the assembly, his grace remarked that if a union, either partial or complete, should hereafter be proposed, with the concurrence of all the provinces to be united, he was sure that the matter would be weighed in England by the public, by parliament, and by Her Majesty’s government with no other feeling than an anxiety to discern and to promote any course which might be most conducive to the prosperity, the strength, and the harmony of all the British communities in North America.
The desire of the home government to see a union of the North American Provinces consummated, having been thus indicated, a discussion of the question took place in the legislature of Nova Scotia, New Brunswick, and Prince Edward Island, in the sessions of 1864, which resulted in the appointment, by these provinces, of delegates, to meet in Charlottetown. In the assembly of Prince Edward Island there was considerable opposition to the idea of a legislative union, but the following resolution was passed by a majority: “That His Excellency the Lieutenant Governor be authorised to appoint delegates – not to exceed five – to confer with delegates who may be appointed by the government of Nova Scotia and New Brunswick, for the purpose of discussing the expediency of a union of the three Provinces of Nova Scotia, New Brunswick, and Prince Edward Island under one government and legislature, the report of the said delegates to be laid before the legislature of the colony before any action shall be taken in regard to the proposed question.”
In the year 1863 the two parties in the Canadian parliament were so equally balanced, that it was found impossible to conduct the business of the country with any degree of efficiency. The leading men of both parties accordingly agreed on a reconstruction, resolving with the concurrence of their supporters to unite, for the purpose of securing a confederation of all the British North American Provinces. The governor-general addressed a despatch to the lieutenant-governor of the maritime provinces, asking whether, at the coming conference at Charlottetown, a deputation from the Canadian Government would be received, in order to give the members of it an opportunity of expressing their views regarding the proposed union. An answer favorable to the proposal was returned. A deputation accordingly proceeded to Charlottetown. The whole of the delegates met on the first of September. Prince Edward Island being represented by the Honorables Colonel Gray, premier; Edward Palmer, attorney general; W. H. Pope, colonial secretary; George Coles, M. P. P., and A. A. Macdonald, M. L. C. The proceedings of the conference were not reported, but the late Mr. Whelan, in his published account of the proceedings, says “it was well understood that the proposal to unite the maritime provinces under one government and one legislature was deemed impracticable; but the opinion of the delegates was unanimous that a union upon a larger basis might be effected; and with the view of considering the feasibility of such a union in all its details, it was proposed by the Canadian ministers to hold a further conference at Quebec, with the consent of the governments of the lower provinces, and at such time as might be named by the governor-general. This arrangement was agreed to, and the conference suspended its deliberations.”
Before leaving Charlottetown, the delegates were entertained at a sumptuous banquet, by the executive council and some of the prominent citizens of Charlottetown. The entertainment was given in the Provincial Building, on the evening of the eighth of September. Speeches were delivered by a number of gentlemen, among whom were Lieutenant-governor Dundas, Hon. John Longworth, Hon. T. H. Haviland, and Frederick de St. Croix Brecken, Esq.
From Charlottetown the delegates proceeded to Halifax, where they were similarly entertained. Fredericton was next visited, and in Saint John the festivities of Charlottetown and Halifax were repeated. On the tenth of October the conference at Quebec was opened. Prince Edward Island being represented by the Honorables Colonel Gray, Edward Palmer, W. H. Pope, George Coles, T. H. Haviland, Edward Whelan, and A. A. Macdonald, which terminated on the twenty-seventh of October. From Quebec the delegates proceeded to Montreal, where they were hospitably entertained. At a public banquet given at Montreal, the Honorable Colonel Gray introduced the Honorable Edward Whelan, requesting him to respond in behalf of Prince Edward Island, when he delivered a telling and eloquent speech. We can only spare space for the concluding sentences: “It will be the duty,” said the speaker, “of the public men in each and every province, whose representatives are now in Canada, to educate the public mind up to their views. The task may be a tedious, difficult, and protracted one, but no great measure was ever accomplished, or worth much, unless surrounded with difficulties. Deferring reverently to the public opinion of his own province, he would cheerfully go amongst his people, and explaining it as well as he could, he would ask them to support a measure which he believed would enhance their prosperity. Few, and comparatively poor, as the people of Prince Edward Island may be now, its fertile fields and valleys are capable of supporting a population at least three times greater than it is at present. It was once designated the garden of the Saint Lawrence; and it was a valuable fishing station for Canada during the occupation of the French, under Montcalm. It still possesses all the qualities of a garden, and its rivers and bays still abound with fish. He desired that those great resources should become as well known now, and in the future, as they were in by-gone days; and regarding the advantages which modern improvements and institutions offered as auxiliaries to the natural resources of the colony, he was satisfied that she could not fail to become very prosperous and happy under the proposed confederation.”
The Honorable T. H. Haviland – who now holds the office of colonial secretary – replied to the toast of our sister colonies. “He desired to draw attention to some peculiar facts connected with the present movement. They might recollect that this was not the first time that states had met together to organize a constitution; for in times gone by the states of Holland had met to resist the tyranny of the Spanish Government; and the old thirteen states of America had also assembled under the cannon’s mouth, and the roar of artillery; but the peculiarity of this meeting was, that it was held in a time of peace, with the approbation, and he believed, with the sanction of Her Majesty; that the colonies might throw aside their swaddling clothes, to put on themselves the garb of manhood, and hand down to posterity the glorious privileges for which their ancestors contended from age to age in the old country, and which had been brought into these new countries under the protecting shadow of the flag that had braved a thousand years the battle and the breeze. Although Prince Edward Island had only eighty thousand inhabitants, principally engaged in agriculture, yet, small as it was, it did not come as a beggar to the conference doors. Its revenue was not certainly very great, but there was yet a surplus of about four thousand pounds sterling to the credit of the province, over and above the thirty-six thousand pounds it spent for the government last year. Thus it had not come as a pauper, but was honestly prepared to do something – all in its power – to organize, here in America, a constitutional monarchy, which should be able to spread those institutions in which there was the soul of liberty.”
The delegates proceeded afterwards to Ottawa and Toronto, where similar festive gatherings took place. But business was not neglected, as appears from the report subsequently published, which embodied the conclusions at which the delegates had arrived as the basis of the proposed confederation.
The report sets out with the declaration that the best interests and present and future prosperity of British North America would be promoted by a federal union, under the Crown of Great Britain, provided such union could be effected on principles just to the several provinces. In the federation of the British North American provinces, the system of government best adapted under existing circumstances to protect the diversified interests of the several provinces, and secure efficiency, harmony, and permanency in the working of the union, would be a general government charged with matters of common interest to the whole country, and local governments for each of the Canadas, and for the provinces of Nova Scotia, New Brunswick, and Prince Edward Island, charged with the control of local matters in their respective sections, – provision being made for the admission into the union, on equitable terms, of Newfoundland, the North West Territory, British Columbia, and Vancouver. In framing a constitution for the general government, the conference, with a view to the perpetuation of the connection with the mother country, and to the promotion of the best interests of the people of these provinces, desired to follow the model of the British constitution, so far as circumstances would permit.