Qass BookjLS F/04-7 3>/T Z,md>m^JhA/isAJ *' Bear Cape 7 & AN ACCOUNT PRINCE EDWARD ISLAND, IN THE GULPH of St. LAWRENCE, NORTH AMERICA. CONTAINING Its Geography, a description of its different Divisions, Soil, Climate, Seasons, Natural Productions, Cultivation, Discovery, Conquest, Progress and present State of ihe Settlement, Government, Constitution, Laws* and Religion. Eit quoddam prodire tenus si non datur ultra. Horace. By JOHxN STEWART, Es*. llonfcon : Printed by W. Winchester and hcs, Strand, i8oa Fiovi \ fy / % PREFACE. HAVING resided many years in Prince Edward Island, and being much interested in its prosperity, I have ventured (though conscious of my want of abilities to do justice to the subject) to print the fol- lowing account of that Island, which I trust will be found just and correct as far a9 it goes : the object is to make the Colony better known among those who are interested in its prosperity, or on whose judgment and determinations its future prospects depend, and I flatter myself, that the account which I hare given of the progress and state of the settlement, will shew that any disappointment which has been experienced in regard to its colonization and settlement, is fairly to be charged to the neglect of many of those into whose hands, the property of the lands unfortunately fell, and not to any defect in the climate or soiL The accounts of the Island which were published soon a IV after its conquest, were so favourable, both in regard to its fertility, and the natural beauty of the couutry, that a great part of the proprietors (who never saw the Island) seem to have expected, that it was to be settled by a resort of people in consequence of its natural advantages, without any exertion on their part, and that their large grants of forest lands were to be converted into valuable estates, by the labour and exertions of people, who they expected would be tempted to resort to, and settle in the Island, as their tenants, without any expence or exertion on their part. They did not consider, that it was in the neighbour- hood of a vast continent, in many parts of which, lands were to be obtained by grant from the Crown, in such tracts as were suitable to every class of ad- venturers, and that men emigrating at their own ex- pence from Europe, to seek for settlements in Ame- rica, would naturally resort to countries in which they might be able to obtain lands from Government in perpetuity, rather than to a country where the whole of the soil, though uncultivated, was private property, and in which they could only settle as tenants to people who themselves were making no exertions for the benefit of the country, or contri- buting in any respect to alleviate the difficulties inci- dent to its situation and circumstances. To this unfortunate mistake in the conduct of the proprietors, is to be attributed the slow progress the colony made for many years ; but the principal diffi- culties of a new settlement being now surmounted, better prospects seem to open upon its future pro- gress, many of those, by whose connection with the colony its settlement w T as so long impeded, have re- tired, and have been succeeded by others who have more activity, and juster views of their own interest, and the value of the country ; and should the mea- sures which have been in contemplation for the be- nefit of the colony, be carried into effect, there can be no doubt but its future progress to complete cul- tivation and settlement will be as rapid, as it has hitherto been remarkably slow. Since the following pages were written, I have seen two recent publications, one entitled " Strictures and " Remarks on the Earl of Selkirk's Observations, 6;c, " by Robert Brown, Esq." the other, " Remarks on " the Earl of Selkirk's Observations, fyc. (anonymous)" VI 1 am no " trader iji emigration" but in justice to my fellow subjects in tbe British Colonies, I cannot avoid taking notice of some things contained in these publications. If the state of the Highlands, and the prospects of improvement under the judicious system of management now said to be pursuing for that purpose, is such as these writers represent it to be, I cannot conceive any necessity for that vein of misrepresentation, that runs through these books as to the state of the co- lonies, and the prospects to be expected from settling in them ; they have their difficulties, that is certain, and any man that emigrates, under an idea that he is going to a country where he is to live without labour is most grossly deceived : on the contrary every man who expects to thrive in a new country must work and be industrious, they are not calculated for indolent dissipated people, such will find in old coun- tries rnany substitutes of which they will here be entirely destitute, and we think it sufficient to say, that the natural and moral state of things in the colonies is such, as promises to every industrious man an ample reward for his labour, with a certainty of leaving his family if not wealthy, still with such prospects as will V1L divest his mind of all anxiety on their account : I do not mean to make any comparisons ; I am no way desirous of holding out incentives to Highland emi- gration, and I could appeal to yery distinguished Members of the Highland Society on that subject ; but as a colonist I cannot help saying, that these gen- tlemen have taken most unwarrantable liberties with their fellow subjects in asserting, that, a system of espionage is established in the colonies, to prevent letters giving an unfavourable account of their affairs from reaching this country ; and that letters purport- ing to be written by emigrants to their friends in Scot- land, giving a flattering account of the country, are manufactured there, and transmitted for the purpose of deceiving others : these are heavy charges, and should not have been hazarded lightly ; I have been five and thirty years acquainted with the colonies, and will venture to assert, that no evidence to justify such an infamous charge can be produced : any per- son acquainted with the state of these countries, will be satisfied that the first part of the charge must be unfounded, as the greatest part of the letters sent from thence to this country are by private hands, and merchant ships, that load in the different ports ; thete cannot be all " traders in emigration" or in- VI 11 terested in deluding their fellow subjects, and op- portunities of this kind occur too frequently, and from such a variety of places as to make such attempts impracticable, and as to the criminal trick imputed to them, of writing letters in the name of poor people who cannot read or write themselves, I believe it is equally without foundation ; it is possible that such a thing may have been done, and therefore it is easily asserted ; and that may serve a temporary purpose where better matter is not at hand, but 1 will venture " to foretell without being inspired with the spirit of Prophecy, or gifted with the 'second sight" that if the account which these publications give of the present state of the Highlands, is not better founded, than are the charges against the colonists, that before Highland emigration is stopped very dif- ferent, measures than any yet resorted to, will become necessary : the account which I have here given of the conduct of the proprietors of Prince Edward Island, will shew how little foundation there can be for supposing any of them connected with such prac- tices ; from 1776 until 1803, not one of them was concerned in carrying a single emigrant from Scot- land, and with respect to the common settlers a great many of them are so far from wishing to encourage emigration to the Island, that they do every thing in their power to prevent it : every man that conies to the colonv is looked upon by many of the old settlers as a misfortune to them, as it lessens the chance of getting the lands escheated for non-performance of the terms of settlement ; an object which they have long considered as much more interesting to them than any benefit to be expected by encouraging their friends in Scotland to become their neighbours. I have more than once witnessed great chagrin and disappointment among them on any accession of inhabitants, particularly among the Highlanders, who being more addicted to raising cattle than agriculture, require, according to the custom of their country, large bounds; which makes them often think that a township is little enough for them when it does not contain, perhaps, twenty families : these are facts well known in the island, and will account naturally enough for the dismal letters which Mr. Brown states to have been received from that country. Charges of a criminal and disgraceful nature against a distant community of our fellow subjects, who are so situated as to have no means of guarding against or re- pelling such attacks, till after they have, probably, l\ad the full eiFect intended by their accusers, does not •eem a very honourable proceeding ; and I think it not unlikely, that on this occasion, it will lead to a discus- sion and disclosures, which may have effects the very reverse of what the authors of these publications in- tended. If without more authentic evidence than can be brought in support of these charges, any man were to publish to the world, that persons are employed in the Highlands, to take up and destroy all letters that come to the country, directed to poor people, which may be supposed to come from America ; or, that very strong temptations are held out to particular people who have emigrated, to induce them to return, and to give such accounts of the state of the colonies as may deter others from emigration. Such an assertion could not fail giv- ing general offence, and no respectable person who is acquainted with the morals and customs of Scotland would think it any justification to the author to say, that such a thing is talked of among the lower orders, or that such and such « traders in emigration" had as- serted that they knew it to be a fact ; and yet, just on such authority, do the authors of these performances venture to impute equally unworthy conduct to their fellow subjects in America. XI A great noise has been made about Highland emi- gration, and the public mind has been agitated on the subject by various publications, calculated to alarm the nation as if there was an absolute danger of that dis- trict of the kingdom being depopulated ; and under the impression of this alarm, Parliament was induced to pass an act, which under the appearance of pre- venting emigrants going to America, from suffering any hardship or inconvenience on the passage to that country, enforces a number of regulations to be ob- served on board ships carrying emigrants ; which on the whole, rather more than doubles the real expence of a passage across the Atlantic ; this mode of making emigration so expensive, that it must be out of the power of the very poorer class ; 1 take it for granted was adopted in compliment to the constitution, by which the power of going to, or settling in any country not in an actual state of hostilities with our sovereign, has al- ways been acknowledged ; but I very much doubt whe- ther in ten years it will be found to have diminished emigration. It will certainly have a considerable effect towards preventing people going off in the way that would be most comfortable to them ; men, women and children together, two or three hundred in a ship at a moderate expence, that would leave them something wherewith to make a comfortable beginning in their XR new situations with the additional advantage of a jrte choice in that respect. They will now be compelled to go off in fifteens and twenties, and instead of going to our own colonies which is represented to be their wish, they must go to the United States, to which alone they will be able to procure passages from the great in- tercourse that subsists between them and the west coast of Scotland ; every ship bound to them, it will be soon found, will carry as many emigrants as can be done without subjecting them to the regulations of the late act : and the number of ships from the ports in the firth of Clyde, and the north of Ireland, will be found perfectly equal to carry all that wish to go, as much so- as if the business was left on the old footing ; and, I am confident it will soon appear, that all that the late act has effected, will be, that instead of preventing emigration^ it has driven thousands desirous of settling in our colo- nies to the American States; and such has been the sole effect of the clamour with respect to emigration for the last twenty years. Millions of capital, and thousands of industrious people, who might have been advantageously settled in our own colonies, have been sent to the United States to nourish the pride and insolence and increase the power and resources of perhaps, our most inveterate enemies. It is curious to notice the noise that has been made about highland emigration for some time past, at Xlll the same time that not a word is said of tae emigration from this end of the island, which is of so much more real consequence. Yet upon enquiry I am confident it will be found, that full as many people, and at least, one hundred times as much property, has been carried to the United States by emigrants from the ports of London, Bristol, and Liverpool, within the last ten years as from all the kingdom of Scotland in double that time. As a col nist I may be permitted to say, without offence to my countrymen in the north, that we would have willingly parted with our share of highland emigration, for a very small proportion of the English capital and in- dustry that has been carried to the United States in this period. CONTENTS. PAGl Situation and Divisions 1 Bays, Harbours, Rivers, Headlands or Capes 4 Charlotte Town, George Town, Prince Town 9 Face of the Country 23 Soil and natural Productions 2? Forrest Trees and other Vegetable Productions 36 Native Animals, Birds, Fishes, Reptiles and Insects. . 59 Climate and Seasons 95 Cultivation and Rural Affairs 122 Discovery and Settlement 14? Administration of Lieutenant-Governor Fanning. . . .233 Constitution, Laws, and Religion . ..... .266 Fisherie ,....291 ERRATa. Page 9, Line 20, for eighty read eighty-four. Page 12, Line 15, for freezing read f raizing. Page 22, Line 15, for Durk read Dunk. Page 25, Line 7, for &eLibelkda, several species Adder Fly ) i Wasp 1 > Vespa, several species. 90 > (Apis) several species Bumble Bee Wild Bee Ant (Formica) many specie^ Black Fly Brown Fly Florse Fly ( I ab anus) sev eral species Mosquito (Cider Pipiens) \ Numerous species Mosquitos and the small black or Sand are very troublesome in summer, but. they decrease much as the country is cleared ; thev are worst in the neighbourhood of salt marshes or wet ground ; in open clear lands that face the south west they are not much felt, except in calm moist weather. Upon looking over this account of our na- tive animals, I found that the sea-cow, formerly so plenty, had escaped my attention, as many people think they will again become so, and as they still exist, though greatly reduced in num- ber, it is hoped the following short account of them may be satisfactory. 91 Sea-cow (tru This large am- phibious animal was found in great numbers on the north coast of this Island thirty years ago, but they have now become very scarce, and are seldom seen on shore. From 1770 to 1775, they were annually caught in considerable num- bers near the north point of the Island, at that time Governor Patterson assumed the right of granting the sea-cow fishery as it was called, (though the whole business was carried on on dry land J by an annual licence, upon which a considerable fee was paid, and sometimes it was very protitable, as great numbers were then taken. These animals were accustomed to resort to one or two particular spots near the north cape. and several hundreds would sometimes go on shore at once ; they were left undisturbed un- til the wind blew off the land, when the people got between them and the sea, and probed those that were next to them with sticks, whose points were brought nearly to the same degree 92 ©f sharpness as the large tusks of these animals, this set them in motion towards the woods, and they probed on those that were before them, and the whole flock, said sometimes to exceed three hundred, were soon in motion and pro- ceeded into the woods, where they were easily killed with long spears. It sometimes happened that without any apparent reason they would turn back towards the sea, before they had got so far from it as to render the attempt to begin the slaughter safe, and if still in sight of the sea, on their return they kept in a body to which nothing could be opposed with any effect; but when gota considerable way into the woods they appeared to loose their sagacity, and scattered in different directions, seeming at the same time insensible of danger, though the slaughter of their fellows was going on close to them. I have been informed that some of them would weigh four thousand pounds ; their oil is said to be the purest of all animal oil, and the French inhabitants of the island eat it very readily ; some parts of the skins are an inch aad 93 a "half in thickness, and prodigiously strong and valuable for making many useful articles, which, if kept dry, are very durable, even without tan- ning or dressing of any kind : the large tusks produce a species of Ivory closer grained than the common Ivory. These teeth are evidently given them by nature to enable them to dig the shell fish out of the bottom of thesea, on which they appear to live, no other substance being ever found in their stomachs. They are not found on any other part of the eastern coast of America, to the southward of Hudson's Bay, than in the Gulph of St. Laurence, all the southern part of which, is of a moderate depth of water, seldom exceed- ing l 25 fathoms, and the bottom generally san- dy, and producing vast quantities of shell fish.. The coast both to the northward and south- ward of the gulph, for a great distance is eveiy where rocky ground with deep water, which is supposed to be the reason that these animals, who require only a moderate depth of water, mid a sandy bottom for producing shell fish, 94 are not found on this coast, but in the gulph ; besides what were taken annually on this Island in the manner above mentioned, great numbers were taken on and about the Mao-- dalen Islands in the summer months, where they resorted much at that season of the year with their young, of which they are so fond, that they will run any risk for their preservation ; and though they were supposed to have de- creased much, they were still found in con- siderable numbers, till after the American war, when so many New England fishermen poured into the gulph, and attacked them about the Magdalen Islands in summer, that in two or three years the species were nearly destroyed, few having been seen for several years after, however the breed still exists, and thev are now known to be increasing fast, and if the killing them was but under proper regulations, they might again become so numerous as to be an object of great consequence, but this never can be the case while the New England fiishermen are allowed to come into the gulph and destroy them. 95 CLIMATE and SEASONS. The climate of this Island partakes in an eminent degree of the well-known healthful- ness of the neighbouring countries of Nova Scotia, New Brunswick and Canada, to all of which it is in some respects superior, being in ti rely free from the fogs by which the two first are so much infested, and unincumbered with lakes of fresh water which so often gene- rate sickly seasons in the latter, producing in- termittent and other fevers, happily unknown here, to which we may add that the cold is not by many degrees so great in winter ; for which our insular situation, and distance from any high land will naturally account ; it is a common expression with Canadians who occasionally visit the Island, when thev see the houses of our 96 new settlers, " If we were not to use other pre- cautions against the winter, we should be all frozen in our beds :" Canadian houses must be all warmed by stoves, here stoves are by no means common, houses tolerably finished are as completely warmed by a common fire-place as in England, not that we can compare the tem- perature of the two climates as by any means similar, but our fires have only a dry elastic cold to get the better of. English cold is a raw damp obstinate intruder. In Canada the severity of the winter otherwise healthy, often produces the pleuresy, which frequently carries off the young and healthy, here the complaint is almost unknown. The seasons here have been variously de- scribed, often as has suited the humour or views of the relator, and accordingly falsehood has not been spared either in exaggeration or deprecia- tion : if we have had sanguine individuals, who overlooking the disadvantages of a winter, of 97 above four months continuance, and all the difficulties incident to a new country in such a climate, have injured themselves and deceived others, the Island has equally suffered from disappointed unprincipled adventurers, some of them speculators in land, others on the pub- lic offices of the colony, the one wild and extravagant in their expectations, the others turbulent and flagitious in their schemes. The former disappointed by their own folly, the latter by the good sense and spirit of the colony, have in revenge equally contributed, and often united their utmost endeavours to misrepresent and depreciate the Island, both in respect to its natural qualities, and the admini- stration of its public affairs : hence the various accounts in circulation of the climate, soil, and circumstances of the country, than which, nothing can be more contradic- tory. The winter of this climate, is the season which has created the the greatest controversy H 98 among those who pretend to describe it, I shall therefore begin with that season, and as ,far as my experience will enable me, en- deavour to give my readers a clear idea of its nature and duration. In the first place, I must state, that the changes of temperature in our winters, are much greater, and more rapid, than any thing of the kind ever ex- perienced in Great Britain, without however producing any ill effects, that I have ever ob- served, on the general health of the inhabitants, The commencement and duration of the winter varies much in one year from another, the Hillsburgh river opposite Charlotte Town, has been crossed on the ice, as early as the first week in December, and on other years has been open as late as the 20th of January, and on several years successively, as late as the 8 th or 10th of that month, and in the spring we have the same harbour, sometimes not clear of ice before the 20th of April, and on other years, open at the same time in March ; these are 99 varieties of such an extent as to furnish the means of deception either way, to those who are not very scrupulous, and accordingly accounts are to be met with, which state our winters to be of six months continu- ance, while others will allow us to have little more than three ; but, it is to be ob- served, that with respect to the temperature and character of this season, nothing can be concluded from the circumstance of its com- mencing early, as experience teaches us, that a winter which is early in its commencement, is often mild throughout, and on the other hand, winters late of setting in, are commonly severe in proportion ; our hardest winters however, have a great deal of mild weather, even during that part of the season, when the most severe, cold might be looked for. The following cir- cumstances, I think will be readily admitted by all who know the country, as pretty ac- curately describing our winter. The last half of November and the first half of December, English winter weather, sometimes- raining^ H 2 100 sometimes freezing, sometimes snowing with gales of wind, not often however so hard as is common in Europe at this season, but this period like the whole of our winters, varies much in one year from another ; sometimes a great part of it is real winter weather, in other years, the whole is quite mild, the ther- mometer often rising higher than it ever does in England at this season, sometimes the first part of this period is a little winter, and the last mild autumnal weather; on other years, the weather continues uninterruptedly mild, till the middle of December, and then the winter sets in steadily at once ; from the mid- dle to the latter end of this month, we gene- rally have the winter set in in earnest, but in other years it is quite mild, til] after the commencement of the new year ; for two years successively I have ploughed all the last week of December ; this, however, is the natural time to look for our winter, and in which it will be both beneficial and agree- able, there cannot be a pleasanter contrast 101 in regard to winter weather, than between our dry clear bracing cold, and the raw moist un- steady weather which sometimes precedes it^ and which is so common for a great part otf the winter in many countries. I may here observe that from our latitude, we of course have the sun considerably longer above the horizon than in England at this season, which added to the general clear state of our at- mosphere gives us at least two hours more day light than in any part of Great Britain at this period of the year. In January and February we look for a great deal of steady cold weather, yet it often hap- pens, that after fifteen or twenty days severe frost, the weather changes, and it becomes mild for as long a time, the mercury falling only a few degrees below the freezing point, and sometimes by the winds coming to the S. W. for several days together, the weather becomes so warm as to form a very extia- ordinary contrast to the surface of the earth 102 and the waters all covered with ice ; and though we generally have the deepest snows in these months, yet in some years We have much bare ground at this time, which is by no means desirable, as it interferes with our win- ter employments, by preventing the use of sledges on the roads from the want of snow for them to run on, whereby the getting of timber and fire wood out of the woods, and hay from the marshes is much impeded ; the want of snow at this period is also injurious to our grass lands, by exposing them too much to the severity of the frost when it happens that after a thaw or a tract of mild weather the cold again becomes severe before any snow falls to cover and protect the surface. Though the weather is never so severe in March as frequently happens in the two pre- ceding months, a great part of it is some- times boisterous and cold, and that most fre- quently happens when the preceding part of the winter has been remarkably mild, but in 103 what is called a natural winter this month* produces very pleasant weather, the days are now long, the sky in general very clear, and in the middle of the day the heat of the sun very considerable, dissolving the snow and ice rapidly ; it is generally in this month that most of our timber is brought out of the forest, and also a stock of fire wood laid in for the remainder of the year. About the middle of the month the sap begins to rise in the trees, and towards the latter end of it the business of making maple sugar com- mences. The mouths of the harbour's, channels when the tides are rapid, the heads of the rivers and creeks which have been frozen during the preceding months now open ; and aquatic birds begin to return from the south- ward. In this and the two preceding months, a freezing rain, or as it is commonly called, a silver thaw, sometimes happens on these oc- casions, the trees are frequently so incrusted 104 with ice, that many of the smaller branches break with its weight, as the smallest twig- will sometimes have an inch of ice round it, this state of the weather generally takes place in the night, and continues but a few hours. If the sun happens to shine while the trees are in this state, nothing can exceed the splendor of the forest, every branch seems enclosed in diamonds, and reflects the ravs of the sun with the utmost brilliancy ; it is impossible to describe the effects of the scene that this state of the weather occasionally exhibits. The month of April is often more variable and unsteady than its predecessors, frequently exhibiting summer and winter alternately in the course of a week ; when the wind is to the southward or S. W. we have always genuine mild spring, sometimes indeed very warm for many days together, exhibiting a most tanta- lizing contrast to the surrounding objects, and ^vhen we are expecting that a few days more 105 will secure us against the return of winter, perhaps the wind suddenly chops round to the northward, and it becomes as unnaturally cold, with considerable falls of snow, but which seldom lays on the ground above a clay or two ; sometimes there is much easterly wind in this month, which on this coast is always damp and disagreeable, and often attended with rain : in other years, the first part of the month will be cold, and all the rest fine steady spring weather, the snow disappearing rapidly, and the ground getting dry very soon, plough- ing often commences about the middle of the month, and in warm sheltered situations, there is a considerable degree of vegetation towards the latter part of it. In some years the spring is so forward as to enable the far- piers to commit a good deal of seed to the ground before the end of the month. The month of May is subject to easterly winds, which are always damp, chilly, and disagreeable, and we have still occasion- 106 ally night frosts after a N. W. wind, but when the wind is to the S. W. the weather is very fine, and vegetation advances rapidly; by the 20th the fields will generally be green, and towards the latter end of the month the trees commonly get into leaf : from the middle of the month, the weather sets in dry, little rain falling from this time, til* towards the end of July : rains, with a wind From the eastward in this month, are cold and injurious to vegetation ; when they happen with the wind from the westward, they are highly beneficial. In June the face of the country, assumes the most vivid appearance, and the air is most delightfully perfumed by the blossoms of the trees, and the flowers of various aromatic shrubs and herbs, the atmosphere is so loaded with the farina of the trees, that great quan- tities of it which fall on the water is driven ashore by the winds, and collects at high water mark, in the form of a beautiful yellow 107 powder : from the middle of the month, the S. W. wind sets in steadily, and the weather then becomes nearly as warm as in the two succeeding months : it generally blows a fresh breeze during the day, but at sun-set the wind dyes away, and the nights continue calm. In a forward season, a few of our wild strawberries will be found ripe on a southern aspect about the end of the month ; and I have more than once seen green pease at the same time* In July the weather is very fine and steadily warm, the thermometer standing generally be- tween seventy and eighty, sometimes it rises as high as eighty-six, the wind blows almost con- stantly at south-west a fresh breeze, and coining immediately off the water serves to temper the heat ; when the wind fails in the evening and the night continues calm, the heat is at this time more disagreeable during the night than in the day, the weather often continues dry through the greater part of the month, but we 108 are generally relieved from any drought by heavy showers, though of very short duration, which accompany thunderstorms ; these storms very seldom do any mischief, they are always over in two or three hours, and the weather immediately becomes clear and steady. From the middle of this month most of the vegetables common in England at this season will be found in great abundance in our gardens. About the 20th hay-harvest generally com- mences, and by the end of the month early sown barleys will often be fit to cut. In August the heat generally continues the same as last month, but commonly more rain falls ; heavy dews are frequent when the weather is dry, which are very beneficial ; by the middle of the month the harvest is pretty general over the Island. The first part of the month of September the weather in general is nearly as warm as in August, but about the equinox the winds be- 109 come more variable, being sometimes to the northward of wett, which soon cools the air, and also veering to the eastward with rain, high winds are common for some days after the equinox, and after the middle of the month frosts are frequent about the heads of creeks, rivulets, and low springy lands : upon the whole the weather is now more like the weather in England at the same season than any other part of the year. October though sometimes wet is often the pleasantest month in the year ; the heats are gone and the weather generally fine ; the gales of wind which happen about the equinox, and the frosty evenings and mornings which are common, seem to purify the atmosphere, and the air is remarkably pure, elastic, and exhi- lerating. The same kind of weather often con- tinues through the first fortnight of November; sometimes it is so mild that the native straw- berries come into blossom on southern aspects, as luxuriantly as in the month of May ; on 110 other years it is wet and variable, with frost and showers of snow, but which does not yet lie on the ground more than a few hours. The leaves fall off the trees during the last part of October and the beginning of November. I have already observed that we are in a great degree free of fogs, which will appear the more surprising as we are in the vicinity of countries known to be extremely subject to them, so near indeed, that many people may be inclined to doubt the possibility of our being so per- fectly free from them as I have asserted, to such I can with great truth aver that I have seen two years successively pass without producing one foggy hour, and 1 am confident I have seen more fog in one month of November in London, than I witnessed in all the time I have passed in this Island ; I have heard many attempts to account for an exemption so singular, but none of them perfectly satisfactory. Some account for it from the high land of the Island of Cape Breton lying between us and the Banks of Ill Newfoundland and those on the eastern coast of Nova Scotia, which are the great scenes of fog, and from which it spreads over all the sea coast of that country, New Brunswick and the coast of New England, particularly the first, where it prevails much in all the summer months ; if the intervention of the Island of Cape Breton between us and the Banks is the only reason of our enjoying a clear sky and dry atmosphere while the contrary prevails so near, it seems difficult to account for a circum- stance that is constantly observed. By looking at the chart of this coast it will be observed that the Gut of Canso divides the Island of Cape Breton from the peninsula of Nova Scotia, the eastern end of this strait terminates in Chedabuctou Bay on the coast of Nova Scotia, it is often observed in the months of June and July that this Bay and all the land around it is frequently enveloped in fog for eight and ten days together, and that the fog seldom comes entirely through the Gut, which is only twenty one miles in length, for several days together 112 it will not come above two or three miles into it, and sometimes not at all, when it does come through the Gut it seldom lasts above a few hours. It is also observed that the mouth of the River St. Laurence, and the coast from Cape Rosier to the Bay of Chaleur, though not so much subject to fogs as the coast of Nova Scotia, has a good deal of foggy weather in the spring and the first part of the summer, yet the wind blowing directly from thence over the Gulph, does not bring the fog to this Island. It has been often said that we are to attribute our freedom from fogs to the nature of pur soil, which is warm and dry. and also to the small depth of water in all the southern part of the Gulph, which seldom exceeds twenty five fathoms. It is probable that an attentive consideration and comparison of the circumstances by which we are favoured with so fortunate an exemption may hereafter enable Naturalists to account in a more satisfactory manner than has yet been done, for these fogs which arc $o injurious to some of the neigh- 113 bouring countries : intailing on them the un pleasant prospect of continuing for ever, sub- ject to the necessity of relying on the im- portation of bread-corn for their daily con- sumption. The north east winds are always attended with rain from May till the middle of No- vember, after that they generally bring snow, all our heaviest falls of snow come with them. After a fall of snow if it comes to blow fresh before the surface hardens, the snow drifts much on the cleared lands, and on the ice, which makes travelling difficult till the wind subsides, it also fills up the roads, which must be beat again ; in a populous neighbourhood that is soon accomplished, by every person turning out with their sleighs and teams for that purpose. In the forest the snow never drifts, which makes travelling there more com- fortable at this season. The light frosts which have been mentioned to 114 commence after the middle of September, do not affect the high open lands for many weeks after that period, being chiefly confined to the heads of creeks, the neighbourhood of springs, and low wet lands : near the salt water in places open to the W. and 3. W. it will often be the latter end of October before the potatoc tops are affected by it. It is not till after the middle of September, that a fire, evening and morning, becomes a desirable companion, and it does not come into constant use till November. In April it is not steadily attended to, in May it is often allowed to go out, and early in June is generally given up, except during a north-east wind. Cattle are seldom regularly housed till the beginning of December, and by many not till the latter end of that month, and some remain out in the forest a great part of the winter, which season they frequently survive when strayed, living like deer by brouzing upon the young wood. In the summer a white mist rises in the 115 night, upon the creeks and runs of fresh water, which is always an indication of fine weather for the ensuing day ; when these mists do not rise on the creeks at this season, rain may be expected in the course of the ensuing day : they do not spread above a few yards be- yond the water from which they originate, and are always dissipated before the sun is half an hour above the horizon. The Aurora Borealis is observed at all sea- sons of the year, and is commonly the fore- runner of a southerly wind and rain : this lumi- nous appearance is sometimes extremely beau- tiful, and in our pure atmosphere is seen to great advantage, it generally begins in the north, runs up to the Zenith, and sometimes overspreads the whole concave with streams of light, variegated with blue, red, and yellow of various tints; in a calm night, the sound caused by its flashings, may often be distinctly heard. 116 Many people will be apt to conclude that the great and rapid changes to which our climate is subject, must have a bad effect on the health of mankind, yet I think I may venture to assert that it will be very difficult to mention another spot on the face of the earth, where the inhabitants enjoy more un- interrupted health. The fevers and other diseases of the United States are entirely un- known here, no person ever saw an intermit- tent fever produced on the Island, nor will that complaint when brought here, ever stand above a few days against the influence of the climate I have seen thirty Hessian soldiers who brought this complaint from the southward, and who were so much reduced thereby, as to be carried ®n shore in blankets, all recover in a very short time ; few of them had any return or fit of the complaint, after the first forty-eight hours from their landing on the Island. Pulmonary consumptions which are so common, and so very destructive, in the northern and cen- tral States of America, are not often met 117 with here ; probably ten cases of this com- plaint have not occurred since the commence- ment of the settlement. Colds and rheu- matisms are the most common complaints, the first generally affects the head more than the breast, and the last seldom proves mortal. A very large proportion of people live to old age, , and then die of no acute disease, but by the gradual decay of nature. Deaths between twenty and fifty years of age, are few, when compared with most other countries ; and I trust I do not exaggerate the fact, when I state, that not one person in an hundred (all accidents included ) dies in a year. It follows from what has been said, that mankind must increase very fast in such a climate, accordingly, large families are almost universal, six or seven children in as many years, seems to be the common rule, and few leave off without doubling that number. We sel- dom find a pair without a family where they have come together under such circumstances as to 118 give them a reasonable ground of hope on that subject, and instances have sometimes occur- red when people who had given up every idea of the kind, by removing to this Island have had large families. Many people here grow to a large size, perhaps in no other country will the proportion of men of six feet high be found greater ; the countenances as well as stature of the young people, whose families came from the highlands of Scotland, often exhibit a remarkable contrast to the hard features, and low stature of their parents ; plenty of wholesome food, as well as salubrity of air, no doubt contributes to this difference. Industry will always secure a comfortable existence, which encourages early marriages, the womea are grandmothers at forty, and the mother and daughter may frequently be seen with each a child at the breast at the same time. People determined upon going to America, will do veil to compare this, with the repre- 119 sentation given by that celebrated writer and traveller, Volney: Speaking of the climate of the United States, under his third general head, he says : " Autumnal intermittent fe- " rers, or quotidian agues, tertian, quartan, ■ &c. constitute another class of diseases, €< that prevail in the United States to a de- " gree, of which no idea could be conceived, 4i They are particularly endemic in places re- u cently cleared, in valleys on the border of " waters, either running or stagnant, near lt ponds, lakes, mill dams, marshes, &c. In " the autumn of 1795, in a journey of more * than seven hundred miles, I will venture to " say, I did not find twenty houses perfectly " free from them : the whole course of the ** Ohio, a great part of Kentucky, all the " environs of Lake Erie, and particularly the " Genesee and its five or six lakes, the course M of the Mohawk, &c. are annually visited 11 by them. Setting off from Fort Cincinnati " on the 8th of September, with the convoy * of the Pay-master General of the Army, 120 Major Swan, to go to Fort Detroit, about two hundred and fifty miles distant, we did not encamp a single night without at least, one of the twenty-five of us in com- pany, being seized with an intermittent fever. At Grenville, the magazine and head quarters of the army that had just conquered the country, of three hun- dred and seventy persons, or thereabout, three hundred had the fever; when we arrived at Detroit, there were but three of our company in health, and the day follow- ing, both Major Swan and I were taken dangerously ill with a malignant fever. The malignantfever annually visits the garrison of Fort Miami, where it has already more than once assumed the character of the yellow fever. These autumnal fevers are not directly fatal, but they gradually undermine the constitution, and very sensibly shorten life. Other travellers have observed before me, that in South Carolina for instance, a per- son is as old at fifty, as in Europe at sixty- 121 " five or seventy; and I have heard all th« " Englishmen with whom I was acquainted {i in the United States, say, that their friends " who had been settled a few years in the " southern or central States, appeared to them 11 to have grown as old again as they would and 176 many of the first settlers either from their own ignorance, or that of those by whom they were sent to the Island, were landed without provisions or any means of support, and many on that account were obliged to abandon the settlement, which brought much unjust odium on the colony, for as too often happens, men were willing to attribute their failure to anf thing but their own misconduct or imprudence. Though a good many people were thus lost to the Island, industry and perseverance enabled those who remained gradually to surmount their difficulties, and as they acquired expe- rience of the climate and soil, they became more firmly attached to the country. His Majesty having been graciously pleased by His Royal Commission to the Governor, under the Great Seal of Great- Britain, to grant a complete Constitution to the Colony, and the Ro} T al Instructions having directed the Governor to put the same in operation, by eallingit General Assembly as soon as lie should 177 judge the Island to be in such a state of set- tlement as to admit thereof: His Majesty's gracious intentions were carried into effect in 1773, by the meeting of the first legislature of the Island, since which it has met regu- larly as in the other colonies. Various laws suited to the situation and circumstances of the colony have been passed, and a foundation laid for raising a permanent revenue for the support of Government. One of the first objects which engaged the attention of the legislature was the failure of the proprietors in paying their' (quit rents for the support of the officers on. the civil establishment, to remedy which, an act was passed to regulate and enforce the future payment of the quit rents, which soon after received His Majesty's Royal Assent : but the Governor unwilling at that time to disoblige the proprietors, many of whom were people of high rank and consequence, did not venture for some time to execute this law: and soon after returning to England himself, meetings of the proprietors were held in Lon- 178 dori, at which it was determined to apr^ly to Government to place the civil establishment of the Island on the same footing as the other new colonies. Accordingly in 1 776, at a time when most of them had failed in paying their quit rents, and the officers were suffering much for want of their salaries, the proprietors pre-* sented a memorial to Lord George Germain, then Secretary of State for the Colonies, sta- ting therein, that they had paid their quit rents, but that some of the proprietors had failed in such payment, whereby the distress of the officers had happened, and proposing that in future the civil establishment of the Island should be put on the same footing as the other colonies, and provided for by an annual grant of parliament, and what seems very extraordinary, the said memorial was signed indiscriminately, as well by those who had not, as those who had paid their quit rents. It having become evident, that the establishment could not be supported on so precarious a fund as that arising from the quit 179 rents, Government was pleased to approve of this proposal, and the establishment of the Island has ever since been provided for by parliament upon an annual estimate. At this time, however, large arrears of salary were due to the officers on the establishment who had been reduced to such distress, that the Governor was obliged to make use of the sum of three thousand pounds granted by Parliament in 1772 for the erection of public buildings in the Colony, for the support of him- self, and the other officers : that this sum might be replaced, and applied to the purposes for which it was granted, and provision made for paying off the arrears due to the officers on the civil establishment. The Lords Commissioners of His Majesty's Treasury were pleased to direct by a minute dated August 7th, 1776, That the arrears of the quit rent now due, " and the growing quit rents until the jirst " of May 1779, to which term His Majesty has i( relinquished the same for the benefit of the * Island, should be applied in the first place, N 2 180 M to the payment of the Officers of the Civil " Establishment of the Island yp to the first of c - January next,\ and if after discharging the " same, there shall be any surplus, their Lord- u ships erder the same to be applied to the " making of roads, and other public works " within the Island, and My lords direct the u former, as well as the present Receiver- tl General of the Island, to apply all such " sums of money as shall be in their hands to u the above purposes, and to take all proper " means to enforce the payment of the arrears, and " the accruing quit rents, and recover the same. u And My Lords direct, that such of the Civil " Officers as shall have received any money out " of the sum of three thousand pounds, granted " by Parliament for the benefit of the Island, e< after receipt of their arrears do refund the " same, in order that the whole of that money u may be applied to the purposes for which the " same was granted '." A copy of this minute t On which day the estimate voted fey Parliament commtnwd. 181 was delivered to the Governor far his infor- mation and guidance, but having so recently- succeeded in getting the establishment pro- vided for in the manner mentioned, chiefly- through the interest of some of the proprie- tors, he did not think proper immediately to enforce the measures directed by this minute, nor was there any receiver of the quit rents then on the Island to carry the directions thereof into effect, so that nothing was at- tempted to be done under the authority of this minute till four years afterwards ; of the transactions which then took place, an ac- count shall be given in its proper place. Upon Governor Patterson's return to En- gland in 1775, the government of the Island devolved upon the late Mr. Attorney General Callbeck as Senior Member of His Majesty's Council, the Lieutenant-Governor being also absent. Towards the close of the year, two occurrences happened, which were at the time very distressing to individuals, and in- 182 jurious to the progress of the settlement In the beginning of November a ship valuably loaded from London, with a number of settlers on board, suffered shipwreck on the north side of the Island ; the people were saved, but their effects and the cargo were almost totally lost ; the small part that was recovered, having been long under water, turned out of very little value, the effects of this disaster were for a long time severely felt. Soon after two Ameri- can armed vessels which had been sent by Con- gress to cruize in the Gulph of St. Lawrence for the purpose of intercepting some ordnance store ships then supposed to be on their voyage for Quebec, having failed in that ob- ject, thought fit to visit Charlotte Town the Capital of the Island, which was at this time totally unprotected ; they landed before the hostile nature of their visit was known or even suspected, and immediately made prisoners of Mr. Callbeck, the President, and the other officers of Government, and proceeded to plunder the place, taking every thing that was 183 of any value, they also carried off Mr. Call- beck and Mr. Wright a Member of the Coun- cil, and Surveyor- General of the Island : upoa the arrival of these gentlemen at the head- quarters of the American army then at Cam- bridge in New England, it appeared that the rebel officers had acted in this manner totally without any orders from their superiors ; they were immediately dismissed from their com- mands, and told by General Washington, in their own style, " That they had done those " things which they ought not to have done, " and left undone those things which it was " their duty to have done;" their prisoners were immediately discharged with many polite expressions of regret for their suffer- ings, and the plundered property was ail honourably restored. From this descent, and our lying so near the tract to Quebec, it became evident, tka$ without protection, the cojony would become p liable to many such visits, to guard us against 184 "which the admiral commanding in America wa& directed by government early in the ensuing year, to station an armed vessel at Charlotte Town, for the protection of the Island, and in May the Diligent armed brig, commanded by Lieutenant, now Admiral Dodd, arrived for that purpose. In the month of November Mr. Dodd was relieved by the Hunter sloop of war, Cap- fain Boyle, who wintered with us, and re- mained on the station till November 1777* This ship arrived at a very critical period for our protection, as our neighbours in the county of Cumberland in Nova Scotia, encouraged by the arrival among them of about thirty rebels in two whale boats, from Machaias in Massa- chussets, broke out into open rebellion and laid siege to Fort Cumberland, then garrisoned by a newly -raised provincial corps under the com- mand of Colonel, afterwards Major- General Goreham, at that time in a very incomplete state. By these rascals a second plundering expedition to Charlotte Town was intended, but having ho craft to carry off a number of 185 dismounted cannon then lying about the fuins of Fort Amherst, which was one of their ob- jects, they first paid a visit to the Harbour of Pictou in our neighbourhood, where several of the inhabitants joining them they got posses- sion of a valuable armed merchant ship, then loading at that port for Scotland, but not knowing exactly in what state of defence the Island might be in, they stood up into the Bay of Verte, in order to receive from their asso- ciates, then engaged in the siege of Fort Cumberland, a reinforcement of men ; just at this period the Hunter arrived, and in her way to Charlotte Town having retaken a sloop which had become one of their prizes at Pictou, she was immediately fitted out by Captain Boyle, and sent after the ship under the command of Lieutenant, now Admiral George Keppel, who coming up with the ship next day in the Bay of Verte, found that in consequence of the defeat of the rebels at Fort Cumberland by the arrival of reinforcements from Halifax, she had been given up to the Mate : the rebels making their escape 186 on shore. She was then brought into Char- lotte Town by Mr. Keppel, and given up to her commander, who not thinking it safe in the then state of that part of Nova Scotia to return to Pictou, she remained the winter with us. In 1777 besides the protection afforded us by the Hunter sloop of war, Mr, Callbeck, the president, was directed by Lord George Ger- maine, then Secretary of State for the Colonies, to raise an independant company for the defence of the Island, but most of those who were inclined to become soldiers, had previously enlisted with different recruiting officers who had come to the Island to raise men for the two new regiments commanded by Colonels Maclean and Goreham, from which circum- stance and the small number of people then in the colony, this company, which was always weak never was compleated : this deficiency was, however, amply made up to the Island in the en- suing year by the care and attention of govern- ment 1 four provincial companies being sent 187 from New York under the command of Major Hierliky, an old officer; and at the same time the commanding engineer in Nova Scotia was directed to erect barracks for their accommo- dation, and also such necessary works of de- fence as were suitable to the situation and cir- cumstances of the Island. From this period, excepting now and then a few sheep taken at distant parts of the Island, by the enemy's privateers men, and the robbery of some valuable property from the Harbour of George Town, the Island remained perfectly undis- turbed during the remainder of the war; the frigates which annually brought out the Quebec •convoys, generally spent part of the summer with us, by them and other cruizing ships which were occasionally sent into the Gulph, several of the enemy's armed ships captured in our neighbourhood were brought into Char- lotte Town and their crews landed, and after- wards sent over to Nova Scotia, and marched through the woods to Halifax, under the escort of detachments from our small garrison. 188 In the latter end of October 1779, part Of the Hessian regiment of Knyphausen, on their way from New York to Quebec under convoy of the Camilla twenty gun ship, commanded by Captain, afterwards Sir John Collins, meeting with very hard gales of wind, in the River St. Laurence, were obliged to give up the attempt to get to Quebec, and came into the harbour of Charlotte Town, where the troops were landed, as being the nearest spot to their place of destination in which they could be accom- modated ; there was no barracks for them, but being a veteran corps, commanded by Colonel De Borck, an experienced officer, they soon hutted themselves in a most comfortable man- ner, many of them when landed were ill with intermittent fevers, and I have already had occasion to notice the rapid effect our climate had in restoring them to health. So great an accession to our numbers not having been foreseen at head-quarters, our commissaries' stores were of course not pro- 189 vided for them, but the deficiency was amply made up from the produce of the Island, which was purchased by Govern- ment for their supply, a circumstance which considering the infant state of the colony, and our small numbers maybe mentioned to the credit of our agriculture in that early period of the settlement. The Hessians staid with us till the month of June following : both officers and men were much pleased with the Island, and some of the latter found their way back to it many years afterwards, from the heart of Germany. In 1780 Governor Patterson returned to the Island fromEngland ; and there being no receiver of the quit rents on the Island, he appointed Mr. Nisbet, his brother-in-law, then Clerk of the Council, to the office of Receiver of the Quit Rents, and under colour of the Trea- sury Minute, dated the 7th of August, 1776, which has been already given, he directed him early in 1781, to Commence proceedings 190 in the Supreme Court of the Island, against all the townships enumerated in the act of 1773, which were then in arrear of quit rents, and in Novemher following brought nine whole, and five half townships to the hammer ; these sales were soon after complained of to government, and upon some enquiry into the transaction a bill for regulating the future proceedings in the re- covery of the quit rents was prepared in 1783, and sent to the Island, and the Governor was directed to lay the same before the legislature to be enacted into a colonial law ; in this bill a clause was inserted, making the sales of 1781 voidable, and allowing the original proprietors to re-enter into possession of the lands then sold under the Quit- Rent Act of 1773, upon the repayment of the purchase money, interest, and charges incurred by the purchasers and a fair allowance for such improvements as might have been made on the lands since the sale thereof : the purchasers on their parts ac- counting with the original proprietors for the receipts, issues, and* profits, In the recital 191 which which led to this enacting clause, the circumstances attending the sales in 1781, were stated differently from what really took place. Taking advantage of this restate- ment, the Governor instead of obeying the order, and laying the bill before the Assembly, submitted the business to the consideration of the Council, who were equally implicated with himself by this recital, and it was finally re- solved to transmit to the Secretary of State, a representation of all the circumstances at- tending the sales in 1781, and to rely on that representation as a justification for not obey- ing the order to lay the bill before the Assembly. This representation when taken into consi- deration by the Committee of the Privy Coun- cil for Trade and Foreign Plantations, did not appear to justify in the opinion of the Board, the conduct of the Governor in with-holding the bill from the Assembly, but no order was for some time made thereon, 192 In the mean time the Governor who was resolved to make every exertion to retain the lands, determined to be provided with an House of Representatives if possible, such as lie could rely upon for supporting his views, in case he should be again ordered to propose to the Legislature an act for making the sales voidable; accordingly early in 1784 he dissolved the Assembly by proclamation, and in March following a general election took place, and the Legislature soon after met, when it soon appeared, that the Governor had not succeeded in his object, for the House of Representatives entered into enquiries respecting different acts of his administration, and seemed particularly dis- posed to condemn the management at the sale of the lands sold in 1781, although neither they, nor any other person in the Island, were then acquainted with the proceedings that had taken place in England on the subject, which had only been communicated by the Governor to the Council under their oath of secrecy ; after various sharp messages and replies be- 193 tween the House of Representatives, and the Governor, that body resolved upon presenting a complaint to the King, and were employed in preparing the same when they were dissolved by Proclamation. The Governor spent the remainder of 1784, in taking more effectual measures for securing at the next general election the return of a House of Representatives which should be more favourable to him than the last, besides the object of being prepared for an order which he had reason to expect from England direct- ing him to lay before the Assembly the bid for making the sales of 1781 voidable ; he had now to provide for taking off any impression w r hich the charges made against him by the last House of Representatives, might make at office in this country ; this he naturally thought would be most effectually done by their suc- cessors putting his conduct in an oppo- site light in their addresses and proceedings, and a variety of circumstances concurred o 194 which were favourable to his views and in- terest : in consequence of the evacuation of New York the preceding autumn a number of the loyalists and disbanded troops came to seek a settlement on the Island, who were chiefly dependent on him in respect to the distribution of the donations allowed by the bounty of Government to enable them to com- mence their new settlements with advantage, he had also the direction of locating them on the lands on which they were to be placed, no inconsiderable part of which, consisted of the lands sold in 1781. From these circumstances, by far the greatest part of these new settlers be- came interested in his support, he also found means to divide his opponents, and to buy some of them off, and in March 1785, he again ven- tured to try the success of a general election, on which occasion he succeeded in securing the return of a House of Representatives which was perfectly to his mind, and ready to support all his measures, this was not ac- complished however without a severe struggle, 195 much illegal conduct, and an enormous ex- pence, considering our small numbers and the infant state of the colony t. The Legislature met in a few days after the election, but no farther directions respecting the lands sold in 1781 having been yet re- ceived from England, the subject was not mentioned during the session, which was chiefly spent in adopting such measures as were deemed necessary to do away any im- pression the proceedings of the last House of Representatives might make against the Go- vernor, who was represented in their addresses and proceedings as the best of men, while all that opposed him were stigmatized as factious and unprincipled. At the next session which commenced in March 1786, the Governor being still without any orders from England relative to the sales of 1781, and being now secure of t It will no doubt surprise mj English readers to be told that this election cost the Governor and his friend* near two thousand pounds sterling. 196 the unanimous support of the Legislature, determined on a measure which he expected would secure against all future attempts, the purchasers at these sales ; for this purpose a bill was brought into the Lower House and soon after passed into a law, 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 any respect related to, or concerned " the suing, seizing, condemning, or selling of " the Lots or Townships herein-after mentioned, " or any part thereof."" This audacious at- tempt immediately decided Government with respect to Mr. Patterson, who was soon after superceded ; His Majesty's disallowance of the act being at the same time signified, and the bill for making the sales voidable also returned, with directions to lay it before the Assembly. Before the arrival of Lieutenant-Governor Fan- ning, who was appointed to succeed Mr. Patterson, the latter met the Assembly, and 197 laid the bill before them which they imme- diately rejected ; it was not indeed to bs expected, that the same men who had only six months before passed an act to confirm these sales should so soon adopt a directly contrary measure which would have deprived them of all pretence to propriety or con- sistency of conduct. It appears however, that Mr. Patterson was at last seriously alarmed, and determined to make an effort to satisfy the proprietors of the sold lands, and if possible to conciliate government, for which purpose a private bill was brought forward, stated to be at the request of the purchasers in 1/81, and passed into a law for restoring the lands then sold, to their original proprietors : but this mode of proceeding w r as entirely dis- approved of, and the act disallowed ; besides the objections to the manner in which the measure was brought forward, the provisions of this act left it much in the power of the purchasers at the sales in 1781, to load the property to be restored with such an accu- 198 mulation of expence as might perhaps equal its full value : and it also confirmed all aliena- tions of any parts of the lands while in the hands of the purchasers, whether the game had heen made for a valuable consideration or otherwise. Thus disappointed the proprietors preferred a criminating complaint to His Majesty against Lieutenant Governor Patterson and others therein named, being members of His Majesty's council in the Island, in respect to their con- duct with regard to these sales and their re- sistance to the measures directed by Govern- ment for the relief of the complainants, and in 1/89 an investigation of the said complaint took place before the Right Hon. Committee of the Privy Council for trade, plantations, when it was determined by the committee, that the reasons alledged in behalf of the respondents, did not justify their conduct in the transactions complained of: in consequence of this decision the members of the Colonial Council implicated 199 in the complaint were dismissed from their seats at that board, and the Attorney General of the Island from his office ; Mr. Patterson having been previously dismissed, and the ob- ject of the complaint in regard to him ob- tained, no farther notice was taken of his con- duct. It was expected that this proceeding would have been followed by a final determina- tion respecting the fate of the lands which were the object of so much controversy, yet neither on this occasion nor at any time since, has any directions been given by Government on the subject, and the proprietors on their parts have been equally silent thereon. But in 1792, when the Committee of the Privy Council for Trade and Plantations, were en- gaged in investigating certain other complaints from the Island which I shall have occasion to notice hereafter, an attempt was made to charge the then Colonial Government, with being confederated with their predecessors in opr position to the restoration of the lands sold 200 in 1781, and it required some exertion to repel the charge, though the same was per- fectly groundless. It appearing on this oc- casion to be still the opinion of that Board, that these lands should be restored to the original proprietors or their representatives : at the next meeting of the Colonial Legislature, an act was passed for rescinding, annulling, and making void the sales in 1781, and permitting the original proprietors or their representatives to re- enter into possession ; but as this measure was adopted without any directions from office on the subject, merely in consequence of what pas- sed on the above occasion, it was thought necessary to annex to the act a clause sus- pending its operation in every respect, until His Majesty's Royal Assent thereto should be signified, in the usual form. When this proceeding was known in this coun- try, a petition was presented on the part of some of the purchasers under the sales in 1 78 1 , praying to be heard by their counsel against the pas- 201 sing of this law, which petition with the act beinsr referred to the consideration of the Committee of His Majesty's most honorable Privy Council for trade and foreign planta- tions, Doctor Lawrence was heard before the Committee on behalf of the late Mr. Richard Burke, junior, who had become a purchaser under the sales in 1781, on this occasion the opinion of the Right Hon. Committee seemed to be much changed with respect to these sales from what it had formerly been, and the result has been that the act passed by the legislature of the Island in 1792 never received His Majesty's royal assent, and has been entirely laid aside ; nor has any other proceedings been adopted on the subject either on the part of Government or the original proprietors, of course the lands which were the object of this measure have ever since remained in the quiet and peaceable possession of those claiming under the sales in 1781 ; some of them have passed through va- rious hands and are parcelled out among a num- ber of purchasers, and they have in some 202 instances become securities for debts, and in others the objects of testamentary and family settlements, in perfect confidence that the claims of the original proprietors, whatever may be their grounds, cannot now after the lapse of so many years, be again brought forward with any effect J. j It appears by the different proceedings before the Privy Council to have been always the intention of Government, that in the event of these lands being restored to the original proprietors by any legislative pro- ceeding in the Island, that they or their representatives should on such restoration pay to the purchasers under the sales in 1781, the amount for which these lands were then sold, a measure which necessarily grew out of the circumstance of their having beeR sold for the arrears of quit then due on them. This many of the original proprietors or those acting for them, do not seem at any time willing to have complied with, and it would appear that since the rejection of the act passed in 1792 for their relief, they have given up all ideas of any farther proceedings on the subject, not thinking the property worth their acceptauca on the proposed terms. Of the lands sold in 17 81, the half Township, No. 18, was confirmed to the purchaser at these sales for a valuable consideration. The half Township, No. 26, has been restored to the representative of the original proprietor on the terms of the bill tent out in 1783, for making the sales voidable. The Township, No. 32 has been restored to the representative of the ori- ginal grantee, by a compromise with the person into whose hands it fell since the sale of 1781. The Township, No. 35, has also been restored to -the original proprietor by a private agreement. The half Township, No. 48, 203 As these sales, with the different proceedings to which they have given rise agitated the colony for some years, and were much talked of in this country among those connected with the Island, and having also become an object of inquiry before the Privy Council, I thought that this account of the proceedings to which they have given rise, would be acceptable to people interested in the colony. Having already stated what was done to wards complying with the terms of settlement from the commencement thereof, until 1779, inclusive, I shall now proceed to state what attempts were made during the ne>;t twenty years, for complying with these terms as the not having been improved by the purchaser, the original proprietor finding no person in possession re-entered without opposition. The Township, No. 49 was recovered by tke original proprietor by a suit at Jaw. The half Township, No. 65, has been confirmed to the possessor under the sale in 1781 by a private agreement with the representative of the original grantee. And tht half Townships, Nos. 17 and 25, and the Townships, No. 24, 31, 33, 57, and No. 67 remain in the hands of proprietor deriving their titles under the sales of 1781, 204 surest criterion on which a judgment can be formed how far the progress of the settlement has answered the exertions that have been made ; this seems to me the more necessary, as on one hand the proprietors are said to have done nothing towards settling the colon}", and on the other some of them have claimed much credit for expenditure and exertions, of which nothing has ever been known in the Island, but which have been clamorously stated to Government as a ground of farther indulgence with respect to the payment of their quit rents. It has been already shewn, that of the sixty- seven Townships into which the Island is di- vided, that on ten only, were the terms of set- tlement in respect to population complied with in the first ten years from the commencement of the settlement, and that forty-eight Town*. .ships were totally neglected during this period by their respective proprietors. During the period now under consideration, I may be per- 205 mitted to say without offence, that the exertion* of the proprietors were feeble in proportion to their obligations, and the length of time the period embraces, and the opportunities it af- forded as the following summary will shew. Townships Nos. 1, 2, 3, 4, nothing done. Township No. 5. The proprietor of this township, in 1783, resigned one fourth thereof for the accommodation of such American loy- alists and disbanded troops as might claim the same ; in consequence of which a few people under that description, had lands laid out to them thereon, but it being at that time at a great distance from any inhabitants they never settled upon them. In 1786 a fishery was esta- blished on this Township, and in the course of a few years several vessels were built, a saw- mill was erected and a considerable quantity of timber exported, but little or nothing was done towards peopling or cultivating the soil, which should certainly have had precedence of eve ry 206 other consideration if compliance with the terms on which it is granted was intended. Township No. 6. This township has been claimed by the same proprietor as the pre- ceding for many years past, but only three families were settled on it during this period. Nos. 7, 8, o, io, 11, and 12, nothing done. No. 13, On this lot it has been already ob- served that a few people brought to the Island by other proprietors settled early, but nothing was done during this period by the proprie- tors in compliance with the terms of set- tlement. No. 14, On this lot like the preceding nothing was done by the proprietor during this period, but some people settled on it of their own accord. 207 No. 15, Nothing done. No. 16, The proprietor of this township in 1783, resigned one fourth part thereof for the accommodation of such American loj'alists and disbanded troops as might chuse to settle thereon, and some people of that description took up part of these resigned lands, but that and the acquisition of a few settlers from other parts of the Island, has been all that the pro- prietor ever did for its cultivation. No. 17, Some loyalists were settled on this township in 1785, which, together with the French people we before-mentioned as settled on it has fully compleated the required amount of population. Lot 18, The proprietors of this township having early in the settlement sent three hun- dred people to the Island, its cultivation and improvement has ever since been making gra- dual advances, in which respect however it has 208 been much injured by the temptation which the neglected state of the neighbouring town- ships have offered to its settlers, many of whom have removed and settled on such lands, with the hope of acquiring a right to their pos- sessions by time, or the default of the pro- prietors in performing their terms of settlement. Lot 39, In 1783 one-fourth of this town- ship was resigned for the benefit of the loyalists and disbanded troops, several of whom took up grants thereon. Lot 20, On this township a considerable number of people were settled during this pe- riod, but they were such as came to the colony of themselves without any encouragement from, or connection with, the proprietors. Lofe 21, The settlement of this township was commenced .early in our first period as we have already seen, and though from a con- currence of unfortunate circumstances it has 209 not advanced in proportion latterly, it is still going on. Lot 22, Nothing done. Lot 23, Though the settlement of this township began early it has yet made no great progress in comparison with many others. Lot 24, This township is one of those which were sold for non-payment of quit-rents ia 1781, and though the uncertainty with respect to the ultimate fate of these sales, for some time operated as a discouragement to those into whose hands it fell ; considerable exertions have been made for its settlement and it is now one of the most populous on the Island, Lot 25, The settlement of this township was begun in 1785, and it has since been making gradual advances, Its improvement has been much retarded by a dispute relative to 210 the property of one half of the townshfp which is not yet settled. Lot 26, On this township a settlement was begun in 1785, and one of the proprietors || has advanced large sums for its improvement, the settlers on it have rendered themselves conspicu- ous by raising more wheat in proportion to their numbers than any other people on the Island. They are chiefly composed of American loyalists and their success proves, what might have been expected from that description of people, had any considerable numbers of them been brought to the Island, instead of being encouraged, and in some measure compelled, by the over- bearing influence of a few individuals, to settle themselves on the barren foggy shores of the southern coast of Nova Scotia. Lot 27, This township was long neglected by its proprietors ; but in 1790 a settlement on one half of it was begun, and it has now pro- [J Robert Gordon, Esq. of the Island of St. Vincent. 211 bably the required amount of population on it J the other moiety has been entirely neglected* Lot 2S, The settlement of this township early begun as has already been mentioned, has been making a steady progress iu improvement and population. Lot 29, On this township nothing done during this period. Lot 30, On this township a settlement was begun in 1785, but has made very little pro* gress, a circumstance chiefly to be attributed to its local situation, and the neglected state of the adjoining townships ; its proprietor the late Lord Chief Baron of Scotland, having mane great efforts for the settlement of his pro* perty in the Island, and advanced his money liberally for that purpose. Lots 31 and 32, On the first of these town* 212 ships, it has been seen that a settlement was early commenced, and it soon after spread to the other, but as they were both included in the sales of 1781, the uncertainty in which the property stood pending the proceedings con- sequent to that transaction, the improvement of them during this period was much retarded. Lot 33, On this township nothing was done during this period more than permitting some families from the adjoining township, No. 34, to settle thereon. Lot 34, The settlement of this township early begun at a considerable expence, has been steadily advancing ever since. Lots 35 and 36, The first of these townships was one of those sold in 1781, and in 1794 restored to its original proprietor in consequence of a private agreement between the parties, it was early occupied as has been already mentioned by people brought to the Island by the pro- 213 prietor of Lot 36, whose property it now is, both townships are considerably improved. Lot 37, This township has been many years in an advancing state of improvement, though neither of its original proprietors ever con- tributed any thing farther to its population than the two families which one of them brought to the Island in an early stage of the settlement as I have already noticed. Lots 38 and 39, These townships with one third of the adjacent Lot, No. 40, were at the commencement of the settlement the property of the same person (the late Captain George Burns) the most fortunate adventurer that has hitherto speculated in lands on the Island, for owing to the circumstance of a great part of the front of these townships having been clear- ed by the French previous to the conquest of the Island, they soon became in request, and for many years have been gradually selling off 214 in small tracts for which large prices have been given. Lot 40, This like the two preceding having been early settled, has been gradually acU vancing in improvement. Lots 41 and 42, The settlement of these tdwnships did not commence till 1793, but they Jiave since: been advancing rapidly in popula- tion,, Lot 45, This Township as has been men- tioned in the summary of the first ten years having been occupied early by the original French inhabitants, is now in a considerably advanced state of improvement and population. Lot 44, The settlement of this Township only commenced in 1757. Lot, 45 and 46*, Nothing done on these townships during this period . I 215 Lot 47, The settlement of this township was begun in 1784, and for many years it made little progress, but has since advanced rapidly. Lot 4S, The settlement of this township commenced in 1784 and has been gradually advancing. Lot 49, The settlement of this Township com- menced only in 1792, but having been sold off in small lots, it has made a very rapid progress. Lot 50, The settlement of this township com- menced in 1784, and is now in a very forward state. Lot 51, On this township nothing done. Lot 52, Since the ill-managed attempt that has been already noticed to settle this town- ship, nothing has been done. Lot 53, Nothing done on this township during this period. 216 Lot 54, The settlement of this township commenced in 1788. Lot 55, Nothing was ever done by the pro- prietor toward the settlement of this township ; but in 1793, a considerable number of people sat down on it of their own accord without any agreement with the proprietor. Lot 56, The settlement of this township commenced in 1784 by the proprietor giving up a fourth thereof to the American Loyalists and disbanded troops, some of whom obtained lands thereon. Lot 57 and 5$, The unsuccessful attempt to settle these townships in our first period has been already noticed, during this period they remained entirely unoccupied. Lot 59, The early settlement of this town- ship and the exertions made were noticed in our first period ; in 1784 very considerable farther 217 advances were made by the proprietor for that purpose. Lot 60, Nothing clone. Lot 61, On this Township a few families were settled during this period, but these were peo- ple previously on the Island, and cost the pro- prietor nothing. Lot 62, Nothing done. Lot 63 and 64-, The settlement of these townships commenced in 1788, since which very considerable sums have been laid out in their improvement. Lot 65, The settlement of this township conlmenced in 1784. Lot 66, Nothing done. Lofc 67, Nothing done. sis Such was the state of the different town- ships into which the Island is divided in re^ gsrd to population at the end of the year 1799 thirty years after the commencement of the settlement, and when I add that by far the greater part of those who settled in the last twenty years, came to the Island without any expence or exertion on the part of the pro- prietors, some judgment may be formed of what might have been done in the improve- ment and cultivation of the country, had they been generally disposed to make any thing like reasonable exertions for that purpose ; that their failure in this respect was generally and severely felt by every intelligent man in the colony may easily be conceived, they had seen in this period, thousands of their fellow-subjects from Great Britain and Ireland emigrate to the United States of America, either to perish by the effects of an unhealthy climate, or to aug- ment the numbers and strength of the enemies of their country, and were sensible that a very little exertion on the part of the proprietors 819 Would have sent a great many of them to this Is- land, where their industry and prosperity would have been highly valuable to their country; and where in a maritime situation congenial to their habits, they would have preserved the happiness of being still British subjects con- nected with their country, protected by its power, and governed by its laws, and to which a return would be comparatively easy if they should be so disposed.* In 1797 two years short of the period to which I have brought up this summary of the state of the lands in point of settlement, ap- plications were made to the assembly praying for some proceeding on their part which should * Advantages the loss of •which I am Confident are poorly compensated even on the fruitful banks of the Ohio, coupled with all the mortifications they have to submit to, among a people whose principal enjoyments appear to arise from insulting and abusing that country from which they derive their origin ; and where a general deterioration of the morals of society is rapidly lading the foundations of new revolntions which must finally at no very distant period lay their turbulent republican liberty at the feet of some bold adventurer whose power and success may promise society a respite from the miseriea of anarchy and civil war, no bring the subject under the consideration of His Majesty's ministers, that body having taken the matter up, after a strict enquiry and mature deliberation, came to the following resolutions with the hope of putting the subject in as clear and forcible a light as possible. 1st, Resolved that it appears to this house after having fully investigated with the strictest attention the state of the lands in this Island, That Lots or Townships, Nos. 1, 2, 3, 7, 8, 9, 10, 12, 15, 22, 29, 44, 45, 46, 51, 52, 53, 57, 58, 60, 62, 66, and 67 containing in the whole 458,580 acres, have not one settler resident thereon. 2d, Resolved that Lots or Townships, Nos, 4, 5, 6, 11, 23, 30, 31, 55, 6l, 63, 64, and 65 containing together 243,000 have only be- tween them, thirty-six families, which upon an average of six persons to a family, amount to two hundred and sixteen persons residing thereon, 221 and that these lots, together with those above enumerated comprehend upwards of one half of this Island, a 3dly, Resolved, That Lots or Township, N 13, 14, 20, 25, 27, and 42 comprehending one hundred and twenty thousand acres, are settled respectively as follows, viz. No. 13, nine fa- milies, No. 14, eight families. No. 20, r families, No. 25, nine families, No. 27, se families, and No. 42, eight families calculated at the foregoing average, to cor : hundred persons, 4th, Resolved, That the folic - - - )wns! are settled agreeable to the terms of the gray, viz. Nos. I 16, 17, IS, lft 21, 24 ; 26, 28, dC ; Jj A Township is understood to be sel Sle : a : aing :: :. s grant, when its population amounts to one setfi enumerated in thb souls each ; though jorueot them, lame:. ..v. ::e short ofthe ::-. number?, and it is also to be observed that the state of each to w::-" '.- spect to populati; wo without regard to the circumstance, tfaa same was obtained bj the roJi . . I people in s 222 33, 34, 35, 36, 37. 38, 39, 40, 41, 43 ? 47, 48, 49, 50, 54, 56, and 59. 5th, Resolved, That it appears to this house, that although the Townships No. 7, half No. 12, No. 30, and No. 51, are not settled according to the terms and conditions of the grants, the proprietor, the Right Hon. James Montgomery, Lord Chief Baron of His Ma- jesty's Court of Exchequer in Scotland, has been ever active in his exertions, and has ex- pended large sums of money in the settlement of other lands in this Island. Also that the following persons, Mr, Edward Lewis, and Mr. John Hill, proprietors of township, No. 5, and the late partnership of John Cambridge and company, proprietors of Townships, Nos. 63, and 64, have made different attempts to settle them, beside expending considerable sums of money thereon. different townships, without the interference or even the knowledge of the proprietors, from which it will evidently appear that there was no mtentior* on the part of the house to exaggerate the evil complained of. 928 o'-th, Resolved, That it appears to this homt f that the failure of so many of the proprietors in performing the terms and conditions of their grants has been highly injurious to the gr.ow.th and prosperity of this Island, ruinous to its in- habitants, and destructive of the just expec- tations and views of Government in its coloni- zation and settlement. 7th, Resolved, That it is the opinion of this house> that the various indulgences and Jong forbearance of Government towards the pro- prietors who liave failed in performing the terms and conditions of their grants, have had no other effect than enabling them to retain, their lands without exertion or expenee, spe- culating on the industry of the colony, and the disbursements of a few active proprietors in forwarding the settlement thereof. ,8th, Resolved, That it appears to this hojuga^ and seems universally admitted that this Jsla was it fully settled, is adequate to the m r £24 te nance of upwards of half a million of inha- bitants ; and in which case it would be of great importance to the mother country, not only in the consumption of its manufactures, but as a nursery for seamen from a very ex- tensive fishery which might be carried on around its coasts independent of the commerce which from its other productions would na- turallv arise. tt 9th, Resolved, That it appears to this house that the progress which has been made in the neighbouring colonies, and their flourishing state and rapid increase in population since the close of the American war. is chiefly to be attributed to the general escheat and forfeiture w T hich has taken place of all the unsettled grants, and the regranting of such lands in small tracts to actual settlers. 10th, Resolved, That it appears to this house that the greatest part of the population and improvements in the neighbouring provinces. 225 are situated upon lands escheated as above- men tioned, and which had been originally granted nearly at'lhe same time, and on similar terms and conditions with the land of this Island. The facta set forth in these resolutions were stated to Government in the form of a peti- tion from the Assemblv, concluding with a prayer, that such measures might be taken as were necessary to compel all the Proprietors to fulfil the terms and conditions on which their lands were granted, or that the same should be escheated, and regranted in small tracts to actual settlers, on such terms and con- ditions as His Majesty might be graciously pleased to direct. And the Lieutenant-Governor was requested to forward the said represen- tation and petition to England, and at the same time to represent that the Assembly had no other views than bringing the facts stated in the resolutions fairly before His Majesty's ministers, confident that all His Majesty's subjects in the Island would chear- 226 fully and dutifully conform themselves to what- ever determination might be made thereon. This representation, which was addressed to his Grace the Duke of Portland, in whose de- partment as Secretary of State, the manage- ment of colonial affairs then rested, was well received, and his Grace was pleased soon after to inform the Lieutenant-Governor had been taken into consideration by His Majesty's confidential servants, and that as soon as the state of public affairs admitted thereof, such a determination on the subject should be made as would not fail to remedy the evil com- plained of. Though this proceeding w r as very agreeable to a great majority of the Island, and became to a certain extent a duty upon the Assembly, judging from what they had seen done in the neighbouring colonies ; yet it must be confess- ed, that the cases were not perfectly sinilar, and that however faulty or inadequate the 227 plan adopted for the settlement of the co- lony had hitherto proved, it had certainly made loo great a progress to be materially changed without greatly injuring the proprie- tors who had hitherto carried on the settle- ment, who on their parts were decidedly against the proposed change while any other adequate means remained in the power of Government to compel all the proprietors to comply with the terms on which their lands were held. This state of things placed the colonial government for many years in a very disagree- able and difficult predicament, it was impos- sible not to feel severely the extensive injury arising from the neglect of so many of the proprietors in leaving their lands in a waste and uncultivated state, whereby the colony was subjected to all the evils and inconveniences of a feeble and unnecessarily protracted state ii 51 252 mediate effect on the progress of the settlement ; for in the short period that has since elapsed nearly one-third of the lands § in the Island have been sold, and transferred ; most of them from the hands of people who were no way disposed to make exertions for their settlement. to people who are actively engaged therein, and in this short period full one third has been added to our former number of inhabitants, with a prospect of a farther rapid increase : and it may be mentioned to the credit of the country that this sudden influx of people made no change in the price of the necessaries of life, and that it w T as found easy to supply all the new settlers with provisions, until they were enabled to raise them by their own indus- try, an object which they have in general accomplished in a shorter period I believe than ever was done before in any new country ;* § Townships' Numbers, 1, 10, £12, 17, 23, 24. 31, 32, 33, \37, 38, 39, ±40, 41, 42, 43, \ 47, l-3dof 53, 54, 57, 58, 2 -3d of 59, 60, and 62, besides a great ma iy smailer transfers. * This is a circumstance yerj ranch to their own credit; it has beea 255 much of this is no doubt to be attributed to the Earl of Selkirk, by whom the principal body of them was brought to the Island, aud by whose care and attention all their wants were foreseen and provided for ; his lordship's settlers had also the further advantage of being set down in what is naturally the finest district of the Island, and which having been totally neglected by its former proprietors had been left waste and uncultivated, but which now promises under his lordship's management to become in a few years a populous and valuable settlement ; and truth requires me to say, that I am confident these people will soon arrive at a degree of independence, and pros- perity, of which they could have had no pros- pect in their native country ; and that they will in a few years contribute more to the general prosperity of the British empire in their observed in the Island that the new settlers from the Highlands are much more industrious and enlightened than the original highland colony who first settled in the Iiland, they have besides got rid of more of their ancient prejudices and customs, and appear to think more like the re&t «f their fellow subjects than those who em-grated thirty-five years ago. 254 new situation than there was any prospect of their ever doing in their former. * * It may suit the views of particular people to represent the connection and dependence of the remaining British colonies in America on the Eiother country as loose and precarious, such is not by any means the light in which the subject is seen in these colonies, where I may presume to say it is as well understood as it generally is in this country ; neither are the moraL nor the institutions of their republican neighbours viewed by them in the same favourable aspect, in which they are too commonly represented in this conntry ; aud as to any probability of a rupture between the two countric, whereby the security of ihe British possessions in America may be endan- gered, I trust that is an event at a great distance. Most people well acquainted with the situation of the United States are convinced that not- withstanding appearances to the centrary, their government has no serious idea of a war with this country ; in the present state of their party and po- litical distractions, such a measure could not tail having the most fatal effects on their internal state ; and far from being in a situation to think of conquests, they would probably find it very difficult to defend their own sea coasts : but at all events, I consider the maritime colonies as perfectly safe in the present state of the British naval power, and whenever their real value be- comes well understood in this country (a circumstauce I trust at no great distance) such measures I am confident will be adopted by government as will rapidly raise them into a state of population, which in a few years will leave them nothing to fear from their republican neighbours. And when their valuable natural resources are generally known, and the immense extent to which their fisheries may be carried is felt, whereby a great body of hardy seamen will be formed for the national defence, I think I may venture to predict that their affairs will be put on such a 255 In consequence of this great accession of inhabitants, the Townships Nos. 2& 44, 45, 57, 5$. 60, and 62, on winch, a few years . there was not a human being, have in a :t time become well settled, and many other town-hips have acquired a great addition to their population, the only lots that now re- main total] :cupied, I believe, are those numbered 7 3, 9, 10, Id. 51. and 52, on the greater part ox which, it is probable settlements will be commenced in the course of this year. The vtry liberal terms on which the compo- sition for the arrears of quit rent up to May, ISO! was placed by government, having been disregarded by some of the proprietors, either footing as wiil at no very distant day rende: them the most po^e.'.U foreign dependency of the Eritiah empire, that ichich will yet be mat cherished, and last parted with. Though they prodo.ee neither gold oc silver, nor any other deiosive wealth, they enjoy a climate and soil, how- iaversined, which will enable them to support in a maritime situation an extensive population, whose indasti y and resources may Be rendered of the highest consequence to the parent sure. 256 in hopes that it would not be enforced, or that Letter terms might be obtained, it became ne- cessary to proceed at law against their property in the Island, these proceedings were com- menced in 1803, under an act which had been passed in the pre ceding year, and in 1804, judg- ments were obtained by the Receiver General of the quit rents, against ten townships, five half townships, and one third of a township, for arrears of quit rent due to the crown, and it is now in the power of government, either to re-annex these lands to the crown, and re-grant them in small tracts to actual settlers, or in order not to interfere with the other proprietors, they may be divided into tracts of a thousand acres, and sold, subject to the same rate of quit rents to which they were originally liable, by which means they will not interfere with the plan of the colony, or in any respect injure the other proprietors ; this is a subject on which people will differ, and I am aware that some will say, why not instead of enforcing the pay- ment of the quit rents as the means of com- 257 pclling the proprietors to attend to the settle- ment of their lands, proceed against them for non-performance of the other conditions on which they were granted, as has been done in Nova Scotia ; to which I answer, that such a proceeding would not in any thing like an equal degree answer the purpose, the only condition in the terms of settlement which could be en- forced with that view, is that which requires a number of people equal to one person for every two hundred acres contained in each grant, that is one hundred souls on a tract of twenty thousand acres, or 6700 inhabitants for the sixty- seven townships into which the Island is divided, a population much inferior to what it has already attained under all its disadvantages, but which in such a country is a mere trifle, and less than probably each of the Townships will contain in half a century.* Let us look at what * The Bermuda Islands do not contain as much cultiv arable surface as one of our townships, and yet are said to have 20,000 inhabitants the climate and situation it may be aliedged are very different, but acre for acre we can raise more of the necessaries of life than they can, and may therefore look forward to as high a state of population. S 258 has happened in Nova Scotia where no quit-rent has yet been exacted, but where the terms of set- tlement have been enforced, and many hundred thousand acres on which these had not been fulfilled, have been escheated, and regranted, often without much public benefit resulting therefrom ; most of the lands which have been escheated were the property of non-residents, and justly * escheated perhaps, because entirely neglected, so far the thing was very right, but it has unfortunately happened, that these lands were often regranted in large tracts to people, who being upon the spot, were enabled by a little personal exertion, and by sacrificing a fourth or a fifth part of what they thus acquired, to place something like the appearance of the scanty population required by the terms of settlement upon them, and when that has been once done, no farther questions * I have heard of some very hard cases however which made the more noise, that it soon appeared that Utile more was effected by the proceeding than placing the lands in the hands of a resident proprietor, instead of a person living in Great-Britain of Ireland. 259 are asked, by these means many hundred thou- sand acres of the finest lands in the province are locked up in the hands of a few indi- viduals, to the great obstruction and in- jury of the settlement, but had the quit rents trifling as they are, been exacted and regularly laid out in public works through the Coun- try, such speculations would never have been thought of, and I am covinced the population and improvements of the Colony would long ere this have far exceeded any thing it can now boast of. I believe I shall run no risk of mis- statement, when I say that not one twentieth of the lands which have been granted in this Province thirty years ago are yet cleared or cultivated, and the evil would have gone to a much greater length, had it not been for the general instruction issued in 1790, pro- hibiting further grants without His Majesty's permission, That I am well founded in this assertion will be believed, when it is known that notwithstanding the difficulties which this instruction opposed to such practices, s a 260 there is one man in the Province (if I am well informed) who has contrived to procure grants to the extent of one hundred thou- sand acres, during the administration of Sir John Wentworth, without heing possessed of a capital which could have enabled him to bring one thousand acres into cultiva- tion.* It seems at first difficult to comprehend how taking money out of the pockets of the proprietors of a waste and uncultivated coun- try, can contribute to the benefit of that country, as it has the appearance of di- minishing the fund from which its improve- ments are to be carried on ; that is the first view of the matter which will naturally present itself, and those unacquainted with * I am sensible that what I have said on this subject, will not be pleasing to the great landholders in that country, nor to those who have large grants in view, when the restraining instruction of 1790 is recalled, the exaction of the quit rents would be a serious cut upon their prospects ; to a man who holds from twenty to fort y thousand acres, and upwards, on spe- 261 the subject may be inclined to require expla- nation before they can give credit to the con- trary. The thing is easily explained, the lands were originally granted on terms of being settled and improved, whereby alone they can become of any real value either to the proprie- tors or the public. It now appears after upwards of thirty years trial, that a great majority of those to whom the Island was granted, have never made any exertions towards improving the country, and that notwithstanding such failure they have been enabled to retain their lands, and to speculate on the future prospects of culation, (which in the mean-time yields nothing) and many such there are, a quit rent of even a farthing an acre regularly exacted, becomes ah ohject ; but to the man who holds only from five hundred to a thousand acres, and who has a hundred acres in cultivation, such a quit rent is a mere trifle which wonid be readily paid when it was felt that the con- sequence would be, effectually to cut up the large grants, which more than any other circumstance have injured and prevented the settlement and cultivation of the country. If it is expected that the colonies in North America are ever to enable the West India Islands to become independent of the United States in the very necessary articles of provisions, fish and lumber ; that can only be accomplished by an attention to thf ir affairs very different from what they have hitherto met with. 262 the colony without either expence, or exertion, in consequence of the indulgence of Govern- ment in not exacting the regular payment of the quit rent ; whereas it may easily be con* ceived, that if the quit rents had been regu- larly exacted, that the proprietors in general, would either have made such exertions as were necessary to put the lands in a way of exonera- ting them from this yearly expence, or that they would have gradually sold them off, either in small tracts to actual settlers, or in large tracts on speculation to men of fortune, who might be inclined to adventure their money in the settlement ; what has happened since the composition for the arrears of quit rent up to May 1801 was adopted, is a complete proof of this, and I am convinced had that measure been adopted in 1792, when it was first proposed, that the consequence would have been, that we should before this, have had fifty thousand people in the Island, and that every acre in the colony would now have been worth at least five guineas, that is, provide^ 263 the growing quit rent had been regularly exact- ed in the mean-time, and faithfully laid out on the improvement of the country. In April 1805, several of the principal pro- prietors resident in this country, presented a representation to Lord Camden, then Secretary of State for the colonial department, stating such matters as appeared to them to require the attention and interposition of Government; this representation has not yet been taken into consideration, but there is every reason to expect that when more important affairs will permit the great statesman now at the head of that department; to enter upon the affairs of the Island, such a determination will be made thereon, as cannot fail being highly beneficial, and thereby place the future progress and pros- pects of the colony on a certain and per- manent foot in a'. In the beginning of July, Lieutenant-Ge- neral Fanning who had been near nineteen 264 years Lieutenant-Governor of the Island, was supersededby Lieutenant-Governor Desbarres, who has the advantage of commencing his administration with the colony in per- fect peace and harmony, and in a rapid state of improvement , far from meeting with opposition of any kind, he has been received with all the attention and respect due to his office ; and I am confident will meet with the most liberal support from his prede- cessor and his numerous friends, in every mea- sure calculated to promote the general pros- perity of the colony* Upon giving up the government, General Fanning received every mark of respect and attention that could be shewn him by the people, whose interests had so long been committed to his care ; all were sensible of his good intentions, and the diffi- culties he had to struggle with as governor, where from the circumstances of the country, and the property thereof being locked up in the hands of non-residents, he was deprived of all the means by which governors are usually 265 enabled to contribute to the prosperity and pro-* gress of a new colony. His conduct during the time he administered the government, had met with the uniform approbation of His Majesty's Ministers, and a provision equal to the amount of his salary was niade for hirn on his being superceded. 266 CONSTITUTION, LAWS and RELIGION, This Island, as a part of the dominions of the crown of G real-Britain, is independent of any jurisdiction in America,* the government and * By His Majesty's royal proclamation in 1763, regulating the division and boundaries of the different countries conquered from France in the preceding war, the Island was annexed to the province of Nova Scotia j this circum- stance has never been forgotten, nor has the subsequent separation ever been forgiven by a certain set of people in that province, in consequence 0£ ■which, I am sorry to say, that the Island has been subjected to much ob- loquy and misrepresentation, the object of which appears to be to prevent the settlement thereof as a separate colony, that it may be again re-united to Nova Scotia, whereby the large unsettled grants would be brought under the operation of their escheat laws, and would speedily change hands, that is, instead of being owned in Great Britain and Ireland, they would pass into the hands of people of influence in and about the capital of that province. This project has been constantly in view ever since the settlement of the Island commenced, to which it has opposed very considerable obstructions in various ways, nnd is now more openly pursued than ever, the attorney general of that province being at present, I am infotmed, in England > 267 legislature thereof being vested in a Governor", or Lieutenant Governor and Council, appointed by the King, and a house of representatives elected by the people, who meet in general assembly, being called together, prorogued, and dissolved by the governor's proclamation. The commission or patent under the great seal of Great-Britain granted to our first governor. avowedly for the purpose of bringing it about j whether such a measure will be attempted without the consent of the Island, after its having for so many years enjoy ed a complete constitution, remains to be seen j in the mean- time, I will venture to say that hardly any thing short of the conquest and subjugation of the colony by a foreign power oould be more generally dis- agreeable to its inhabitants. It will be said by the advocates for this mea- sure, that I misrepresent their views, which they will say aie directed by- very different motives than what I attribute them to, and it will be pre- tended that far from having any wish to have the lands regranted in the manner I have alledged, that tLeir object is to put the Island in a way of being speedily settled and cultivated, and thereby becoming of that conse- quence and value to the public which its many natural advantages in point of soil and situation enable it to attain, and that the speculation I have at- tributed their views to, may be prevented by an instruction limiting future grants of land in the Island to one or two hundred acres ; in that case the following table or fees taken in Nova Scotia will do something towards set- ting the very disinterested views of these people in a clear light. * 68 when the Island was erected into a separate go* vernment, forms the constitution of the Island, and the instructions received therewith, are ex- planatory of the patent and regulate the gover- nor's conduct in almost all the common routine of public business incident to his situation. The instructions are pretty voluminous, they are changeable at the king's pleasure, and ad- w* — — ■ — — - — J — ■ f The expence or fees of a court of escheats and forfeiture on an inquest of office are as follows, £. s. d, ■—. ;■ _ „ . f The Commissioner of Escheats and The Secretary of the I Province, who is Com- J forfeitures -.,-.- - . 3 10 missioned has these J Register .--. 134 three Fees. f m T n n A V-Two Inquisitions ------ 2 The Attorney General - - - - 3 10 The Solicitor General -- -- -268 The Jury, 12 at 2s. 6 d. each - - - 1 JO The Clerk - - - 2 11 8 The Sheriff 13 4 The Surveyor General of Lands - - 1 3 4 The Cryer of the Coart ----050 Advertisements in the Newspapers, giving notice of the proceedings, said to cost generally about £38 3 4 >20 26*9 ditional instructions are sent, as circumstances may require, The council, when full, consists of nine members appointed by the king's man- damus, or more frequently by the governor or lieutenant governor for the time being, subject to His Majesty's approbation : all their privileges and powers are defined in the instructions ; they are a privy council to the governor, lieutenant- governor, or commander in chief in the admi- nistration of government, and he is bound by the royal instructions to ask their advice on almost every act of public concern, the stile of all proclamations and acts of government being These Fees are to be paid by any person who proceeds to escheat a grant of land whereon the terras and conditions of settlement have not been ful- filled, in order that he may get the whole, or a part thereof regranted lo him- self. Supposing one of our townships escheated by this proceeding, and that it is to be regranted in tracts of one hundred acres ; the fees of office in Nova Scotia on a grant of a hundred acres, are about eighteen pounds cur- rency, besides the expence of surveying, so that the regrantine a single township in that manner, would produce to the officers of government in that province no less a sum than three thousand six hundred pounds. Having some knowledge of the subject, I presume to say, that it will not be difficult to bring half the lands in the Island within the gripe of the Court of Escheats, if it is re-united to Nova Scotia, and from what has been said, my readers will ?ee that the speculation is worth some exertion. 270 " By and with the advice and consent of His €t Majesty's Council" They are convened by the governor, who is always present when they sit as a privy council, or upon writs of error, or appeals from the supreme court : a coun- sellor's title is The Honourable, and they serve without any salaries. Upon the death or ab- sence of the governor or lieutenant-governor for the time being, the senior member of the board succeds to the government of the Island, which he is entitled to administer, with the title of President of the Council, and Comman- der in chief, until His Majesty shall have pro- vided otherwise. When the legislature meets in general assem- bly, the council forms the upper house, repre- senting the lords in parliament, they then meet without the governor, the chief justice for the time being is ex officio president or speaker; they cannot vote by proxy, but enter their dissent, and their reasons therefore at large on the minutes; the council never publish 271 their legislative minutes, but the house of re- presentatives always print their own journals ; both are transmitted to the office of the secre- tary of state for the colonies, with authenticated copies of such laws as pass during the session of the colonial legislature. The house of representatives consists of eigh- teen members, elected by the people under the authority of a writ issued by the governor, lieutenant-governor or commander in chief for the time being ; four members for each of the counties, and two for each of the towns : # They meet in general assembly, are prorogued and dissolved by the governor's proclamation ; they chuse their speaker, subject to the governor's ap- probation, which is generally a matter of course : No personal privilege or advantage is claimed * AH housekeepers, lessees of land in possession, and proprietors of land, being Protestants, are qualified to vote for the members of their respective counties ; and fo» the towns all housekeepers and proprietors of a town or pasture lot within the town and royalty, being Protestants, are entitled to a vote ; and any person qualified to be an elector, may be- come a candidate without farther qualification. 272 by the members, nor do they at present receive anv allowance for their attendance. In all their proceedings when met in general assembly, they take the British house of commons for their model, the rules and regulations of which they have adopted as far as the same are yet applicable to the circumstances in which they are placed.- The colonies are understood to take the common law, and all the Statute Law of Eng- land antecedent to their establishment,* which may be applicable to their situation and cir- cumstances, but this must be understood with many, and very considerable restrictions, many of the artificial refinements and distinctions in- troduced into the laws of this country cannot be applicable to them : the laws of police, and revenue, the mode of maintaining the estab- lished clergy, the poor laws, and the juris- diction of the spiritual courts, and a multitude of other provisions are neither necessary nor * 1 Black. Com. 107. 273 convenient for them nor are they in force; what is admissible, and what shall be rejected, has hitherto been left to the discretion of their respective courts, and on this head it may easily be believed opinions will differ much ; it is therefore to be wished, that a more cer- tain mode of determining the length to which it is to be carried may be devised. The legislature of the Island are invested with full power and authority* to make, con- stitute, and ordain laws, statutes, and ordi- nances, for the public peace, welfare, and good government thereof, such laws, statutes, and ordinances, are not to be repugnant to, but as nearly as may be, agreeable to the laws of Great-Britain, and the governor is directed by the royal instructions, not to assent to the passing of any law of a new or extraordinary nature, without the same has a clause suspend- ing the operatiou thereof, until His Majesty's pleasure therein is known. '* By His Majevij's Royal Patent, under the Grreat £W«fl of (3r*»*t jfrtUfo-. T 274 The innovations which have hitherto been made on the English laws are not many, though some of them are important ; I shall endeavour to give an idea of them, taking the subjects up as they stand on our statute book. By an act of the 13 th of George the 3 d , Cap* V. the damages on protested foreign bills of exchange are fixed at ten per cent, and the in- terest at six per cent over and above all charges of protest, &c. By the 20 th of George the 3 d . Cap. VIIL For the prevention of clandestine and uncertain sales of houses, lands, and tenements, within the Island, and to the intent that it may be better known what right or title persons really and truly have in or to such estates as they offer for sale. It is enacted that all deeds, conveyances or mortgages of houses, lands, or tenements within the Island, shall be recorded at full length in the register's office within forty days next after their respective dates, if executed on 275 the Island between the first day of May, and the first day of November ; and within eighty da}^s if there executed between the first day of November and the first day of May : and if executed in Great Britain or Ireland, then the said original deeds, or duly attested copies thereof, shall or may be recorded as aforesaid, within the space of two years from their respec- tive dales. After the expiration of the said forty days, eighty days, or two years : all such deeds, &c. if not recorded as above directed, shall be of no force against any bona fide pur- chaser who shall comply with this act, or against any other person whatsoever except the grant- or, or grantors, his or their heirs. By the 25 th George 3 d . Cap. I. the operation of this act is extended to all leases being of a longer duration than twenty years, and the term of two years allowed for the registering of deeds executed in Great Britain or Ireland is extended to all deeds, &c. executed in all other of His T % 276 Majesty's dominions distant from the Island. .Proof of the execution of all deeds, &c. is re- quired before they can be recorded. By this act an option is given to the parties concerned, either to register all deeds, &e. at full length, or by a memorial thereof; and for want of such registering, all such deeds of sale, conveyances, mortgages, deeds of settlement, or conveyances of what nature or kind soever, deeds- poll, leases, or agreements of longer duration than ten years, of or concerning any lands, tenements, or he- reditaments in this Island shall be adjudged fraudulent, and of no force or effect. This act not to bar the title of minors femme convert, or persons non compos mentis, imprisoned, or ab- sent from the Island, who are respectively en- titled to sue and recover within two years after such impediment shall have been removed. By an act of the 20 th of George the 3*. Cap, IX. Creditors are enabled to attach the effect* and estates of absent or absconding debtors, which are thereby rendered liable in law to the 277 judgment to be recovered on such process, and subject to be taken in execution for satisfaction thereof, in whoever's hands the same may be : absent debtors against whom such judgments are recovered, are entitled to a re-hearing at any time within three years, and the plaintiff in such actions before any execution shall issue on such judgments, to give security to the satisfaction of the court, for the repayment of all monies levied by the said execution, in case the said judgment be reversed on such re-bear- ing. By an act of the £5 lh of George 3 d . Cap. II. the operation of the above act is so far al- tered as to restrict creditors from proceeding against debtors who have never been resident on the Island, and security in double the amount is required before any execution is awarded against an absent debtor, conditioned to make restitution, in case the said judgment shall be reversed on a re-hearing ; but the time allowed to absent debtors to appear either by themselves or attorney, and move to have the judgment by default taken ofT* is curtailed and limited to a m ytSLT and a day from the time of entering judg* ment against such absent debtor. By the 21 st of George 3 d . Cap. II. the estates of intestates, after paying all just debts and fu- neral expenses, are directed to be distributed by the judge of probates, one-third of the personal estate to the widow of the intestate, besides her dower in the houses and lands during her life ; and out of all the residue of such real and per- sonal estate^ two shares, or a double portion to the eldest son or his representatives, and the remainder of such residue, to and among the other children of the intestate, or their repre*- sentatives ; widows' dower to be divided in like manner after her death. By the 21 st of George the S*. Cap. III. lands and tenements are made liable to the payment of debts iri case no personal effects can be found to satisfy the same; this act allowed an equity of redemption within two years after levying such execution, but was repealed by the act of 279 the 26 th George the 3 d . Cap. IX. which made lands and tenements liable to be sold in six months after they were taken in execution, with- out any equity of redemption ; the operation of this last act was found to be so severe, that an act was passed in the 35 th of George 3 d . Cap. VIII. by which it is enacted that no lands or tenements hereafter to be taken in execution, shall be sold in less than two years after they shall have been so taken. By the 21 st . of George the 3 d . Cap. XVII. It is enacted, that all actions or suits, either in law or equity, to be sued or brought, of or for any lands, tenements, or hereditaments within the Island, shall be sued and taken within twenty years, next after the title or cause of action first descended, and at no other time after the said twenty years ; and that no entry shall be made upon lands, &c. but within twenty years next after such title shall have ac- crued, after which such persons not entering, are utterly excluded ; with the usual saving 280 clause to infants, femme convert, persons non compos mentis, imprisoned, or beyond seas. The great and general neglect of so many of the proprietors having involved many people in great uncertainty with respect to the titles of lands, whereon very considerable exertions and expence had been laid out, the legislature were induced in 1795 to pass a law 35 th Geo. 3 d Cap. II. intituled an act for confirming titles and quiet- ing possessions, by which it is enacted, that all purchasers or lessees of land, who have been in the quiet and peaceable possession of such lands for the space of seven years, and all persons claiming by, from, or under them, are confirmed in such possession according to the right, title, or interest intended to be conveyed in and by such leases or conveyances. And all deeds of sale made by the Sheriff, Coroner, &c. under writs of execution are confirmed, any want of legal form in such deeds notwithstanding. The lands sold in 1781, for non-payment of quit rent, are excepted from the operation of 281 this act, and it is also provided that no error which may have taken place in settling the township boundaries shall be thereby confirmed,' By the c 25 th of George 3*. Cap. VT. It is enacted, that no greater interest than six per cent per annum shall be taken. The severity of the criminal laws of Great Britain being "unnecessary in a new country where few crimes are committed, by the 33 d of George the 3 d Cap. I. a new criminal code more suitable to the situation and circumstances of the country is established. By the 36 th of George the 3 d Cap. III". It is enacted that all grants, deeds, and conveyances heretofore made and executed by any married woman jointly with her husband, of any lands, houses and te- nement within this Island, whereof such married woman is dowable, shall be as good and valid in law, as if the same had been made by a femme sole, or as if such woman had joined in levying a fine, acceding ft> the law and practice of 282 England in that case made and provided ; and it is further enacted, that all grants and con- veyances which shall hereafter be made by any married woman jointly with her husband, of lands, houses, and tenements whereof she is dow- able by law, or in or to which she may have any present or future interest, either in her own right, or in or by any other ways or means whatsoever, shall be as good and valid in law, and of the same force and effect, as if the same had been made by a femme sole, or as if such married wo- man had joined in levying a fine in manner herein-before mentioned ; provided such deed or deeds, &c. shall be acknowledged by such married woman in the presence of a judge of the supreme court of the Island, or any justice of the peace thereof, by such married woman, as her free and voluntary act and deed, and to have been executed for the purposes in the said deed or deeds mentioned, and that the same was done without any force or compulsion from her husband and a certificate of such acknow- ledgment, the form whereof is engrossed in the 283 act, is directed to be underwritten or indorsed on every such grant, deed, or conveyance. The revenue laws hitherto adopted, are but two, a licence duty on retailers of wines, and spiritous liquors; and an impost or excise duty of ten pence per gallon, payable on the im» porta tion of ail wines and spirits ; and two pence per gallon on the importation of all porter, ale, or strong beer ; these are the only taxes yet payable in the Island, and the. produce of them has constituted the sole re* venue by which the contingent expences of government, and the high roads and bridges have been carried on. Taxes are a subject o& which the House of Representatives have hi- therto been particularly tenacious, and they have yet to learn, that it is possible to err oil the popular side of the question ; called to the duty of legislating for their fellow subjects, without much experience or knowledge of public business, they have not observed that by giving way too much to the prejudice! 284 common on the subject, a considerable re- venue, which might have been raised and ap- plied to the public service, greatly to the ad- vantage of thelsland, has been suffered to go into the pockets of a few individuals, who have hi- therto had the trade of the Island in their hands : This is an error naturally to be ex- pected in a new country, but experience will teach us better, and all will soon be con- vinced, that a respectable revenue adequate to the wants of the public service, is absolutely necessary to the prosperity of the Island. The only common law court yet established in the Island, is the Supreme Court of Judi- cature, which is a Court of King's Bench, Common Pleas, and Exchequer ; the Chief Jus- tice is appointed by warrant under His Majesty's manual and signet, under the authority of which, letters patent are made out in the Island, tested by the governor or commander in chief for the time being, and under the Great Seal of the Colony, and a salary of five hundred 285 pounds a year is now annexed to the office : there are two assistant justices, who are appointed by the governor, and who at present serve without any salary. The departments of counsel and attor- ney are still united, and the number of practioners is yet only foui : the proceedings in civil actions are conducted as near as circumstances will per- mit, agreeable to the practice in the Court of Common Pleas in Westminster Hall. An appeal in the nature of a writ of error is-^ajlowed from the supreme court to the governor or com- mander in chief in council, when the debt or value appealed for exceeds the sum of three hundred pounds sterling : and an appeal from the judgment or sentence of the governor or commander in chief in council, to His Majesty in Council, is allowed when the debt or value so appealed for, exceeds the sum of five hun- dred pounds sterling. The church of England is the religion of the Island, established by law, but the free exercise of every religion is allowed : and all dissenters 286 of whatsoever denomination they are, have free liberty of conscience ; and may erect meeting houses for public worship ; and may chuse and elect ministers or pastors according to their several opinions. And all contracts made between such dissenting ministers and their congregations are declared valid, and shall -have their full force and effect ; and ail dissenters are exempted, and excused from the payment" of any rates or taxes to be made or levied, for the support of the Church of England in the colony. There is yet only one clergyman of the Church of England on the Island, who was appointed by the King, 'Rector of the Parish of Charlotte on the first formation of the government, and has a salary of seventy pounds a year on the annual estimate, voted by parlia- ment for the civil establishment of the colony, for which he does duty for the whole Island, making occasional tours to the different set- tlements to perform divine service, and baptize 287 the children : several applications have been made to the incorporated society for propagating the gospel in foreign parts, on behalf of the Island, praying for the appointment of mis* siouaries, on the same footing as they are grant- ed to all the other colonies in North America, and though it is understood that these appli- cations were recommended to the consideration of the society by the Bishop of Nova Scotia in the first place, and subsequently by the Earl of Buck- i?ighamshire ) when secretary of state for the colo- nial department, it has not thought proper to grant the favour requested ; if I am well inform- ed, the reasons on which the refusal was ground- ed, are, that a number of individuals of fortune in this country, who are proprietors of land in the Island, contribute nothing to the funds of the society, and that government allow the salary of military chaplain on the garrison staff of the Island, to be held as a sinecure by a person who never was in the colony, instead of con- ferring it on a resident clergyman : after what has been said in the preceding pages of the 288 neglect of the proprietors in other matters, it appears hard that the conduct imputed to them on this subject, should also be injurious to the colony. The people of the Island have not been able to discover in these reasons, much concern for their spiritual welfare, or any great consistency with the professed objects of that reverend and very respectable society, and they have to lament, that without any fault on their part, they are excluded from participating in the important benefits of an institution, that has been liberally extended to the neigh- bouring colonies of Nova Scotia and New Brunswick, and to all their fellow subjects in similar circumstances : the disappointment is the more to be regretted, that, as on the one hand, the Island is yet free of the contagion of thaXwisdom which affects to reject Christianity, so on the other, has it escaped the visitation of that wild fanaticism which has overrun many parts of the continent, greatly to the injury and dis- credit of true religion, morality, and industry. And the minds of the protestant part of the in- 289 habitants in general are in that state wherein a little aid and exertion on the subject, would go a great way towards uniting the greatest part of them in the communion of the church of England. Most of the Highlanders who set- tled in the Island previous to 1803, and the Ac- cadian French, are Roman Catholics, and have two or three priests of that religion, whose re- puted zeal for making proselytes has occasi- onally created some differences ; I believe how- ever their success in that respect has not been great, though the want of Protestant clergymen has given them advantages over weak minds. The greatest part of the Highlanders who have recently settled in the Island, are of the church of Scotland, but have yet no clergyman of their own persuasion, though there is reason to hope that the same disinterested care and attention which induced so many of their opu- lent countrymen to join in bringing forward the late act for regulating emigration, will in- duce them also to afford some aid on this more u 290 important subject, and they are the more san- guine in their expectations, because it is known that the funds at the disposal of the General Assembly of the Church of Scotland applicable to such purposes, are in a very flourishing state, and it cannot be believed, that any little jea- lousy with respect to emigration will be allow- ed to interfere against them. The sum wanted in addition to what they can do themselves, will be but trifling, nor will it be long wanted, a few yeais will enable them amply to provide for a Clergyman, and also to establish a semi- nary of education, in the mean time, however, some assistance on both subjects would be very desirable. 291 FISHERIES, Having several times in the preceding pages mentioned the Fisheries of the Island, I shall now attempt to give my readers some idea of their nature, and the extent to which they may be carried. The herring fishery is the first that commen- ces in the spring ; the bays and harbours, par- ticularly on the north side of the Island, are no sooner clear of ice, than they are filled with immense shoals of these fish, which may be taken in any quancity ; though they appear to be more plentiful some years than others, they never fail coming in great abundance. They are not so fat, though generally much larger than the herrings taken on the west coast of u 2 292 Scotland, and on the coast of Ireland ; they are more like the Swedish herring, and properly cured, answer very well for the West India market ; they are taken at much less expence than on the coast of Scotland or Ireland, as the whole business is carried on in the harbours, and no craft above the size of common boats is necessary ; such a train of nets as is commonly used in a herring buss of 70 or 80 tons on the coast of Scotland, would with ease take ten thousand barrels in a week or ten days; in ge- neral, however, large seins for dragging them on shore, will be found a better kind of net. They come into the harbours generally as soon as the ice is gone, the first shoals are always the best, and the whole business does not last above a fortnight, and if shipped off imme- diately for the West Indies, from the shortness of the voyage, and the nature of the fish, being a large full fish without oil, they will arrive there in a better state for that market, than any other herrings that can be carried to that cli- mate. Besides what may be exported salt, 293 great quantities might be smoaked, or cured red, for which there is a great demand in the United States ; the wood necessary for smoak- ing herrings will cost little more than the trou- ble of cutting it down and carrying it to the curing houses, in this country it constitutes th& greatest part of the expence of the business. In the months of October and November, large shoals of herrings of a much superior cha- racter, such as would be fit for the European market, come upon the coast, but do not come into the harbours in such large bodies as in the spring, but they might be as easily taken by buss fishing as they are on the coast of Scot- land. » Ale Wives, or Gasperaus (Clupea serrata) are taken in many parts of the Island, and in the adjacent harbours on the continent, in very- considerable numbers, and though not so plen- tiful as the common herring, there is no doubt but many thousand barrels of them might be exported from the Gulph every year, they 294 generally sell at a dollar a barrel higher in the West Indies than the common herring, which is a considerable object ; they are taken in the months of May and June, in rivers and brooks where very short nets only are required. Eels of a very superior kind have long been known to be taken on the Island, they are too valuable for the West India market, but have occasionally been sent to the Italian market, where they are sold by the barrel for double the price of salmon, and the demand for them is much greater than can be supplied ; so nc judg- ment of the value of them may be formed irom the circumstance of their selling, in so plentiful a country as Canada, at sixteen dollars a bar- rel : the only method at present in use for taking them, is by spearing for them in the muddy flats in our harbours, and even in that way very considerable quantities are taken ; there are many situations in the Island in which the method of taking them by placing eel pots in the rivers may be practised, and the only at- 295 tempt that has hitherto been made in that way was very successful. Mackerel are in great abundance on the coast and in the harbours, from the middle of June till November; taking them with nets has never yet been much practised in our own harbours ; the gut of Canso which divides the Island of Cape Breton from Nova Scotia, and the adjacent harbours, are the places where this fishery has been chiefly carried on, the distance being only from twelve to twenty leagues from the Island ; the quantity taken at these har^ hours is some years very great ; it has been known that at the harbour of Port Hood, on the coast of Cape Breton, after thirty vessels had been loaded in a week, aheap offish, sup- posed to contain at least a thousand barrels, have been left on the beach to rot, for want of salt to cure them. Many American vessels from the New England states load annually in these harbours with mackerel. 296 Cod are caught in great plenty in almost every part of the Guiph of St. Lawrence, but more particularly on the coast of the Island, the Bci} of Claleur, and the Straits of Belleisle ; our pricipal fishing ground extends all along the north coast of the Island, from the east point to the Orphan Bank, which stretches con- siderably to the northward of the North Cape, and the fishing vessels have seldom to go above three or four leagues from the shore, where there is only from ten to fifteen fathoms water ; from several parts of the Island an advanta- geous boat fishery may be carried on part of the season, as great abundance offish may often be had at little more than a mile from the shore, and sometimes at a less distance; two men will at times load a boat twice in a day. The fishery carried on from the American Sta es in the Gulph of St. Lawrence for some years past is very extensive, and is known to !>e one of the greatest sources of the wealth of the eastern states^ from which about txv m thousand schooners of from seventy to on# bundred tons, are annually sent into the Gulph > of these about fourteen hundred make their fish in the Straits of Belleisle, and on the jL^- brador shore, from whence, what is intended for the European market, is shipped off, without being sent to their own ports : about six h : un_- dred American schooners make their fares t on the north side of the Island, and often make two trips in a season, returning to tiieirowfl ports with full cargoes, where their fish are dried ; the number of men employed in *:h,is fishery is estimated at between fifteen and twenty thousand, and the profits on ; it : are known to be very great. To see such a source of wealth and naval power on our own .coasts, and in our very harbours, abandoned to the Americans, is much to be regretted and would be distressing were it not that the means of re- occupying the wh Die with such advantages a$ must soon preclude all competition, is afforded in the cultivation and settlement of Prince Ed- ward Island. 2J)S The principal advantage the Americans have hitherto had over the British fisheries on this Coast, arises from the cheapness of the neces- saries of life among them, whereby they are enabled to build, fit out and provision theii fish- ing craft at a small expence in comparison to what can be done from the ports of Great Brkain and Ireland, which enables them to undersell us in every market; I believe there is no person acquainted with the soil and climate of Prince Edward Island, but will admit that it is as fit for producing provisions of all kinds in abundance, as the eastern states, and has even some advantages over them in that re- spect, as it is well known that from the nature of their climate, they do not produce wheat enough to supply themselves with bread corn, which they are obliged to import from their sou- thern neighbours. Nbt only Prince Edward Island, but a great part of the country round the Gulph of bt. Lawrence will produce wheat, and every heceSsafry of life in great abundance, and from their extent, situation, and natural resources, are calculated to support as nusaer- ous, and as powerful a population as the New England States ; into whose hands in the natu- ral course of things this fishery (being oa their coasts and harbours) must fall, to the exclusion I trust at no very distant day of our republican neighbours ; and to the great benefit of the trade and naval resources of Great- Britain and Ireland. Betides the fisheries which have been men- tioned, great quantities of salmon are taken in different rivers which run into the Gulp]}, particularly the Restigush which runs into the head of the Bay of Chaleur, and the River Miramichee in the Province of New Brunswick, from the former, four thousand tierces of three hundred pounds each, has often been exported in a year || ; the salmon fisheries in the rivers on the Coast of Labrador and the Straits of Bell isle, || I think I may venture to say that ten thousand tierce* have frequently teen exported from the GuJph in a Year. 300 are at present chiefly in the hands of the Ame- ricans, as is also a considerable share of the Indian trade on that coast, both without any other right than sufferance. If the Americans at such a distance, find the fishery on this coast so profitable, what must it be if carried on from Prince Edward Island, so much nearer, and where every thing necessary can be produced in as great perfec- as in New England ; there is nothing in the American system of management if superior to our own, of which the knowledge is not easily obtained,t and situated as we are, with so many fine harbours close to the fishing ground, and with a country in which the population, and almost every tiling necessary for the business can be produced and supported, it must be manifest that the greatest part of the fisheries in the Gulph and Straits of Bellisle, must fall to the people of the Island as soon as their t And thousand, of their fchtrmeu if it should bethought proper to en- courage them. 301 numbers, and the cultivation of the country, will enable them to attend to the business, and to reap the benefit of their lcrcal situation and circumstances. The principal fishing posts in Lower Canada are at Gaspe, Percee, and Bonaventure Island, and labour under the disadvantage of being situated in a part of the country incapable of producing the necessaries of life they consume, and in which, after the fishing season is over, there is no employment for the people, who are mostly obliged inconsequence to go to Quebec, in the autumn ; there they scatter over the country to seek for employment tili the re- turn of the next fishing season ; they are then to be collected and sent a distance of four hundred miles down the River St. Lawrence, and from the prevalence of the easterly winds in the spring, they are often three weeks and a month on wages and provisions before they ever wet a line for their employers, and sometimes lose the first part of the season entirely, which 302 k always the best : the Nova Scotia Fisheries are also under the same disadvantage of depending on the importation of provisions for their daily consumption, these are chiefly brought from the United States, at an expence which has become much too heavy latterly, in conse- quence of which, the fisheries on this coast are now become very inconsiderable to what they have been : and the greatest part of their pro- duce, instead of being directly exported to the market where it is consumed, is sent to the American States to pay for provisions , from thence it is exported to the West Indies. These are circumstances of an unchange- able nature ; which point out Prince Edward Island, the adjacent coasts of the Continent, and the west coast of Cape Breton, both in point of situation, and all the necessary natural advantages, as furnishing the only means by which the entire occupancy of the fisheries in the Gulph and the Straits of Beilisle, can be restored to Great-Britain, f t The Magdalen Islands in point of situation, are also extremely valuable, 303 I have been informed that if the southern whale fishery was attempted from the harbour of George Town or Three Rivers on an exten- sive scale, that a great many people from Nan- tucket and other ports in New England, accus- tomed to that business, if encouraged, would readily settle there, to which, it is said, they would be induced, from the consideration that they would be enabled to employ the working part of their families that do not go to sea in the cultivation of small farms, to have cattle and gardens, whereby they could maintain their families at a much less expence than when settled in a situation where every thing neces- sary for their consumption is to be purchased. It is said that the want of the benefits of such a situation was the chief reason which induced the people who had been settled at Halifax in Nova Scotia, in the southern whale fishery, to abandon that place, where there was no means of employing their families, and where every thing they consumed was to be purchased. I do not know whether thej wilJ produce whtitt, but the y wiii maintain a great many cattle, aud have ui other respects j,reat advantages. 304 If the Information which the author has hum- bly attempted to bring forward in the preceding pages, has the effect of attracting the attention of those to the affairs of the Island, on whose judgment its future progress depends, his ob- ject will be completely attained : and should the prospects of advantage to be derived from Settling the country, which he has pointed at, be so far attended to, as to induce some per- son whose abilities are more equal to the subject, to enter thereon, and to put it in that light which its importance to the public requires, he will iiot doubt cf seeing in a short time a consider- able portion of that capital, and still more va- luable spirit and industry, which is now at- tracted by the United States, directed to the improvement of a British possession whose set- tlement and cultivation, he is confident will not only amply reward those who may adventure therein but materially contribute to increase the Kaval power and resources of the British Empire. THE END. Frinted by W. Winchester and Son, 6t, Strand. \