The house of assembly, instead of throwing any obstacle in the way of
the proposed arrangement, at once agreed to the suggestions of the
colonial secretary and the proprietors, and to abide by the decision of
the commissioners, or the majority of them, and pledged themselves to
concur in whatever measures might be required to give validity to the
decision,—naming the Honorable Joseph Howe as commissioner in behalf of
the tenantry of the island.
The duke, as previously stated, expressed his satisfaction at the
promptitude of the concurrence of the assembly in the suggestions
offered, and the home government and the proprietors having named the
other two commissioners, a commission was drawn up, dated the
twenty-fifth day of June, 1860. The commissioners executed the task
committed to them, and on the eighteenth of July, 1861, transmitted
their report and award to the Duke of Newcastle, who complimented the
commissioners on their ability and impartiality, but at the same time
objected to some of the cardinal points of their award.
Whilst the proprietors objected to the award, and regarded it as not
binding upon them, the house of assembly honorably adopted it in all its
provisions. Then followed the opinion of the law officers of the Crown,
which was emphatically favorable to the views of the colonial secretary
and the proprietors.
It is, we think, impossible to review these proceedings carefully and
impartially without coming to the conclusion that the colonial
secretary, the proprietors, and the Crown lawyers were wrong, and the
government and the legislature of Prince Edward Island right, in the
view which they took of the powers and functions with which the
commissioners were invested. There is a very strong presumption, it may
be remarked, that the commissioners—three gentlemen of acknowledged
ability and experience—could not have mistaken, so completely as the
rejection of their award assumed, the nature of their duties; and during
the course of the investigation there is not the shadow of a doubt that
the almost universal opinion in the island was, that the coming award of
the commissioners was to be held as a final settlement of the questions
at issue, so far as the parties who deliberately appointed them were
concerned. That such was the opinion of the proprietors, is proved by
the most important and significant fact that, in the communication they
addressed to the Duke of Newcastle on the thirteenth of February, 1860,
they took exception to the appointment of a commissioner or
commissioners in the manner proposed by the legislature, on the specific
ground that the resulting decision “would not be binding on any of the
parties interested”; and, in order to make the anticipated award
positively binding, they proposed an alteration in the constitution of
the proposed commission, which was unhesitatingly adopted. How, in the
face of this fact, Sir William Atherton and Sir Roundell Palmer could
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