It appears from a despatch from Lord Durham, then governor general of
British North America, which we found at Government House in
Charlottetown, and which was not published either at the time or
subsequently, that Lord Glenelg forwarded this able report, along with
other documents bearing on the subject of escheat, in September, 1838,
to his lordship, for the purpose of obtaining his special opinion on the
subject, for the guidance of the home government. It is scarcely
necessary to premise, before giving this important state document, that
Lord Durham is considered the highest authority on those colonial
subjects of which he treats in his celebrated report,—a document which
will stand for successive generations as a lasting monument of his
ability as a statesman, and which has been and is now recognized as
embodying the most masterly exposition of colonial questions which has
ever been published.
“Castle of Saint Lewis, Quebec,
8th October, 1836.
“My Lord,—I have had the honor of receiving your despatch of the
fifth October, whereby you desire that I will express to you my
judgment on the whole subject of escheat in the Island of Prince
Edward. After perusing the voluminous documents with your
lordship’s despatch, I do not feel that it is in my power to add
anything to the very full information on the subject which these
documents comprise. The information before me is now so ample
that upon no matter of fact can I entertain a doubt. Nearly the
whole island was alienated in one day by the Crown, in very
large grants, chiefly to absentees, and upon conditions of
settlement which have been wholly disregarded. The extreme
improvidence—I might say the reckless profusion—which dictated
these grants is obvious: the total neglect of the government as
to enforcing the conditions of the grants is not less so. The
great bulk of the island is still held by absentees, who hold it
as a sort of reversionary interest which requires no present
attention, but may become valuable some day or other through the
growing want of the inhabitants. But, in the meantime, the
inhabitants of the island are subjected to the greatest
inconvenience—nay, the most serious injury—from the state of the
property in land. The absent proprietors neither improve the
land themselves, nor will let others improve it. They retain the
land and keep it in a state of wilderness. Your lordship can
scarcely conceive the degree of injury inflicted on a new
settlement hemmed in by wilderness land, which has been placed
out of the control of government, and is entirely neglected by
its absent proprietors. This evil pervades British North
America, and has been for many years past a subject of universal
and bitter complaint. The same evil was felt in many of the
states of the American Union, where, however, it has been
Public-domain text, read in full here on John Shaqi.
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