Duncan Campbell - History of Prince Edward Island

Complaints had been made to the home government, of which Mr. Stuart had informed the governor, that a large quantity of the land disposed of had been bought for trifling sums by the governor and other officials of the island. The truth of this charge was acknowledged by the governor, for he says in the letter from which we have quoted so largely: “That the officers of the government have made purchases is certain, and that I have made some myself is also as certain; but I should be glad to know who would be an officer of government if, by being such, he was deprived of his privileges as a citizen.”

Mr. Stuart writes the governor on the twenty-ninth of June, 1783, that he received, on the twenty-second of April, three letters from him, dated respectively, thirtieth November, first and seventh December, 1782, and in reference to the sales of land which had been effected, remarks: “The time of the sale, in the midst of a distressful war, when there could be neither money nor purchasers; the rigid condition of obliging the proprietors to pay their quitrents in the island, and not giving at least a twelvemonth’s notice of the sale in England, as well as in the island, are everywhere urged and admitted as sound arguments against the confiscation of lands in an infant colony, and I must frankly confess that they have too much force in them to be totally denied.”

Whilst it is impossible to deny that Governor Patterson had ample governmental authority to dispose of the lands, yet his doing so before he had any evidence whatever that the advertisements sent had obtained the desired publicity, or even that his letters had reached their destination, was, to say the least, a most unreasonable proceeding, and constituted sufficient ground of grave complaint against his conduct. That as an intending purchaser he had a material interest in bringing the lands speedily to the hammer, cannot be denied; and that after so many years had elapsed since the act and the treasury minute by which a sale of the townships whose quitrents were in arrears was rendered legal, he should have chosen a period for the sale when, according to his own confession, capitalists might not be disposed to give a guinea for the island, seems to import that the governor had, in the conduct of the business, consulted his own interest rather than that of the proprietors. This impression is deepened by the proceedings which followed.

It has been already stated that, on receiving from England the act which was intended to restore the property sold to the original holders, he had delayed to submit it to the house of assembly. Believing that the present house would pass the act in question, in the event of his being again ordered to submit it for their approval, he resolved dissolution of the house, and to exert his influence in obtaining one better suited to his purpose. He accordingly carried out his resolution early in 1784, and, in March following, a general election took place, and the legislature met soon after. It is a most significant indication of the state of public opinion at this time, in reference to the governor’s conduct in so hastily disposing of the lands, that the new house, instead of approving of the governor’s conduct, resolved to present a complaint against him to the King, and was actually engaged in framing it, when a dissolution, by command of the governor, again took place. His Excellency, appreciating the importance of the crisis to himself personally, determined to leave no means untried to secure an assembly favorable to his views. The danger was imminent; for the recent proceedings were adopted by the house in ignorance of the views of the home government as to the governor’s conduct, which he had carefully concealed, and which were known only to the council, who were bound by oath to secrecy. He expected an order from England to submit the dreaded act to the house, and was most desirous that, before that could be done, the forthcoming house should pledge itself to an approval of the sales of 1781, and thus neutralize the effect which a knowledge of the intended disapproval of the previous assembly might produce on the home government.

Circumstances favored his design. New York having been evacuated by the British troops, many of them had resolved to settle in the island. A large number of loyalists were now leaving the States and settling in Nova Scotia. Efforts were made by the governor to induce some of them to settle in the island. In addressing Mr. Stuart in 1783, he says, in reference to this subject: “I do not as yet hear, notwithstanding my efforts, of any of the loyalists coming this way. They have all gone to Nova Scotia, through the influence of Mr. Watson. I will not, however, as yet despair of having a part. I am sending a person among them on purpose, and at my own expense, to carry our terms and to invite some of the principal people to our lands. If they will but come, – and depend on the evidence of their own senses, – I am certain they will prefer this island to any of the uncultivated parts of Nova Scotia. It is exceedingly unlucky that my despatches of last November did not reach you in time. Had the proprietors sent an agent to New York, offering liberal terms to the loyalists, they would have reaped more benefit thereby than by all the memorials they will ever deliver to government.” We find, by a letter from Mr. Stuart to the governor, dated a month later than that from which a quotation has just been given, that the proprietors were sensible of the importance of presenting inducements to the loyalists, for they subscribed liberally to a fund raised for the purpose of conveying them to the island. Orders were issued to the governor to apportion part of the land to the loyalists; the attorney general was to make out the deeds of conveyance without any expense to the proprietors, who were to be exonerated from the quitrents of such shares of their land as were granted to the loyalists. In consequence of these arrangements, a considerable number of loyalists were induced to come to the island, to whom the governor paid due attention, and whose votes he had no difficulty in securing at the coming election. In order to complicate matters still more, and throw additional obstacles in the way of the much dreaded act, he took care that not a few of the allotments made to the refugees should be on the lands sold in 1781.

Being thus fortified for the coming battle, he determined to risk another election in March, 1785, when he secured the return of a house bound to his interests, which Mr. Stewart, of Mount Stewart – on whose testimony implicit reliance can be placed – assures us “was not accomplished without a severe struggle, much illegal conduct, and at an expense to the governor and his friends of nearly two thousand pounds sterling.” The time of the assembly was, to a considerable extent, taken up during the session by proceedings which had a tendency to produce a favorable impression as to the governor’s acts. Not a word was said in the house regarding the proceedings of 1781; but, when the house met in the following year, the governor determined that a measure should be adopted which would frustrate any attempt to render the sales of 1781 futile. To effect this object, he caused a measure to be introduced entitled “An act to render good and valid in law all and every of the proceedings in the years one thousand seven hundred and eighty and one thousand seven hundred and eighty-one, which in every respect related to or concerned the suing, seizing, condemning, or selling of the lots or townships hereinafter mentioned, or any part thereof.” This act was adopted without scruple by the assembly, but was disallowed by His Majesty; and, affording as it did convincing proof of the governor’s determination to act in opposition to his instructions, led to his being superceded in his office.