injurious to the growth and prosperity of the island, ruinous to its
inhabitants, and destructive of the just expectations and views of the
government in its settlement. The house contended that the long
forbearance of the government, towards the proprietors who had failed to
do their duty, had no other effect than to enable them to speculate on
the industry of the colony. The house was of opinion that the island, if
fully settled, was adequate for the maintenance of half a million of
inhabitants, and it prayed that the proprietors should be either
compelled to do their duty, or that their lands should be escheated, and
granted to actual settlers.
The petition embodying these views was forwarded to the Duke of
Portland,—the colonial secretary at the time,—and the force of its facts
and arguments seems to have been felt by the government, for a despatch
was sent to Governor Fanning, intimating that measures would be adopted
to rectify the grave evils enumerated in the petition. The process of
escheat was not, however, acceptable to the proprietors who had done
their duty by settling their lands, for the obvious reason, that in the
event of free grants being made of the forfeited property, the tenants
on the already-settled laud would prefer to give up their farms and
become proprietors. In conformity with the promise made by government,
Governor Fanning, in his speech to the assembly in November, 1802, said
that he had the satisfaction to inform them, on the highest authority,
that the public affairs of the island had been brought under the
consideration of His Majesty’s ministers in a manner highly favorable to
the late humble and dutiful representations made on behalf of the
inhabitants, respecting the many large, unsettled, and uncultivated
tracts of land in the island. In order to give effect to the measures
which had been adopted by His Majesty’s ministers, it would be necessary
that the government of the island should be prepared to adopt, when
circumstances should render it advisable, the requisite and legal steps
for effectually revesting in His Majesty such lands as might be liable
to be escheated. The house, in their reply to the address, requested a
more explicit statement from his excellency as to the information which
he had received on this important subject; to which his excellency
replied, that he had already presented all the information which it was
in his power to furnish. It does indeed seem strange that the governor
should have been instructed to refer officially to measures which “_had
been adopted_” by the home government for the rectification of an
admitted evil, and yet was apparently unable to explain the character of
these measures for the guidance of the assembly in a branch of
legislation which they were unequivocally invited to adopt. Such
mysterious reticence was in direct opposition to ordinary governmental
procedure in similar cases. But the local government, never dilatory in
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