The commissioners felt that as the case of Prince Edward Island was
exceptional, so must be the treatment. The application of the local
government for a commission, and the large powers given to it by the
Queen’s authority, presupposed the necessity of a departure from the
ordinary legal modes of settling disputes between landlords and tenants,
which the experience of half a century had proved to be inadequate.
Finding that it was impossible to shut out of their inquiry, while on
the island, the questions of escheat, quitrents, and fishery
reserves,—the claims of the descendants of the original French
inhabitants, Indians, and loyalists,—they thought it quite within the
range of their obligations to express their opinions freely upon these
branches of the general subject.
The question of escheat, though apparently withdrawn from the scope of
their inquiry by despatches from the colonial office,—received long
after the opening of the commission,—could not be put aside. The
discussion of the question was forced upon them from the day the court
opened until it closed. The commissioners, therefore, thought it
comported with their duty to express the conclusions at which they had
arrived.
In considering the best mode of quieting the disputes between the
proprietors and their tenants, and of converting the leasehold into
freehold tenures, the commissioners remarked that the granting of a
whole colony in a single day, in huge blocks of twenty thousand acres
each, was an improvident and unwise exercise of the prerogative of the
Crown. There was no co-operation on the part of the proprietors in
peopling the island. Each acted on his own responsibility, and while a
few showed energy in the work, the great body of the grantees did
nothing. The emigrants sent out by the few were disheartened by the
surrounding wilderness owned by the many, who made no effort to reclaim
it, or were tempted to roam about or disregard the terms of settlement
by the quantity of wild land, with no visible owner to guard it from
intrusion. By mutual co-operation and a common policy, the proprietors
might have redeemed the grants of the imperial government from the
charge of improvidence. The want of these indispensible elements of
success laid the foundation of all the grievances which subsequently
afflicted the colony.
Public-domain text, read in full here on John Shaqi.
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