The Government of Prince Edward Island 9781487583101

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THE GOVERNMENT OF PRINCE EDWARD ISLAND

CANADIAN GOVERNl\fENT SERIES R. MacG. Dawson, Editor 1. DEMOCRATIC GOVERNMENT AND POLITICS

By

J.

A.

CORRY

2. THE GOVERN!vfENT OF CANADA By R.

MACGRt.GOR DAWSON

3. CONSTITUTIONAL AME~DMENT IN CANADA By

PAUL GERl!'I-LAJOIE

4. THE CANADIAN HOUSE OF COMMONS: REPRESENT ATI ON By

NORMAN WARD

5. THE GOVER~MENT OF PRINCE ED\\'ARD ISLAND By

FRAl'\K MACKJNNO:-J

THE GOVERNMENT OF PRINCE EDWARD ISLAND

BY

FRANK l\1AcKINNON :!'.LA., PH.D., LL.D . Principal, Prince of Wales College Charlottetou:n

TORONTO

UNIVERSITY

OF TORONTO 1951

PRESS

Copyright, Canada, I 951 l.h1iversity of Toronto Press Printed in Canada London: Geoffrey Cumberlege Oxford Un iversity Press Reprinted in 2018

SCHOLARLY REPRINT SERIES ISBN

0-8020-7038-8

ISBN 978-1-4875-8182-4 (paper) LC

53-2186

TO MY WJFE

FOREWORD the first book ever written about the government of a province of Canada. It is hoped that the Canadian Government Series will eventually include a similar study for each of the ten provinces. One of the shocking facts about Canadian politics is that even such major political units as the provinces rarely know what one another is doing and, it might be added, seem to care les.s. Few provinces, if any, have a complete file of the other provinces' publications, and no effort has been made ( such as a scheme of automatic interchanges) to obtain constant as opposed to sporadic information on all phases of provincial activity. Even the provincial legislath·e libraries have been lukewarm in their efforts to secure material of this kind, despite the fact that a very large portion of it deals with problems which are common to all provinces. The Government of Prince Edward Island and similar volumes should make a notable contribution along these lines by informing other part~ of Canada how a particular province conducts its government. It is not uncharitable to assume that this book will also add greatly to the knowledge which the people of Prince Edward Island have of their own political history and institutions. For a large part of the material has been rescued from the obscurity of the archives, and a substantial amount is derived from such intangible and elusive sources as the usages of the province and the habits of mind of its inhabitants. Prince Edward Island is, of course, by far the smallest of the Canadian provinces both in area and in population, but in terms of constitutional interest it is well up near the top. Things have been done there-and are still being done-which make the hair of constitutional authorities stand on end, while in some respects ( such as the written records of Cabinet meetings) the Island government has taken the lead and anticipated developments which have later occurred in other much more august bodies. But despite a certain awkwardness in trying to apply rules of cabinet govern-

THIS IS

vii

Vlll

FOREWORD

ment to a small population operating over a Yery limited area and despite occasional lapses from strict' constitutional perlection, Prince Edward Island has furnished a most interesting example of the practical working out of the ideas of democratic government within the general traditions of the British people.

R.

MACGREGOR DAWSON

PREFACE THE GOVERNMENT of Prince Edward Island illustrates the operation of an elaborate constitution in a small place. The same system which functions in the large and populous parts of the British Commonwealth has developed in a tiny and isolated province which boasts fcw economic advantages and a population of only 90,000 people, and has resulted in an unusual example of local democracy. The turbulent political history of the Island in the early years and the nature of her institutions of government have resulted, not only from the normal growth of the parliamentary system, but also from the difficult process of ad justing that system to the local environment. The purpose of this book is to outline the development of the Island's public affairs in the colonial period and to describe the political institutions and the characteristics of provincial government and politics. It is appropriate that the book should appear on the one hundredth anniversary of the granting of responsible government to the province. The scarcity of secondary material on Prince Edward Island history and the complete absence of any description of provincial politics has required several years of research on official documents, journals, and contemporary newspapers, and many discussions with local public men. I must acknowledge with grateful thanks the kindness which I have received from those who have given me material and inforn1ation. Miss Nora Storey and her staff in the manuscript room of the Public Archives of Canada, Mr. F. A. Hardy and his assistants in the Library of Parliament at Ottawa, and Miss Jean Gill of the Charlottetown Public Library have always been most generous in placing their facilities and material at my disposal. I am also indebted to numerous Prince Edward Island public officials for their patience and courtesy in supplying government documents and answering the endless questions which I have asked them. Professor Alexander Brady of the University of Toronto and Dr. Eugene Forsey of Ottawa have read the manuscript and made many ix

X

PREFACE

useful suggestions. The editorial staff of the University of Toronto Press have been most helpful and efficient during the preparation of the book for the printers. The Social Science Research Council of Canada has assisted financially the publicatjon of this work, and the author, along with others in the social sciences, owes much to the Council's interest and encouragement. It is a particular pleasure to acknowledge the guidance of Professor Robert MacGregor Dawson of the University of Toronto. Dr. Dawson has carefully read and re-read every chapter of the book, and his expert advice and frank criticism have been generous, stimulating, and immensely valuable. Above all I am indebted to my wife who for years has tolerated a house£ ul of papers and books and has given me constant encouragement in my work. To her this book is affectionately dedicated.

F.M.

CONTENTS FOREWORD.

By R.

MACGREGOR DAWSON

PREFACE

JX

PART I. I

II

vii

COLONIAL GOVERNMENT

Early Government

3

Colonial Institutions

21

III Responsible Government .

61

IV Constitutional Adjustment, 1851-1873

86

V The Land Question

105

VI Confederation p ART I I.

120

PROVINCIAL GOVERNMENT

VII The Lieutenant-Governor

143

VIII The Cabinet .

168

The Administration

195

X

The Legislature

210

XI

Political Parties

242

The Judiciary

259

Local Government

274

IX

XII XIII

XIV The Province and the Dominion '.\I

287

CONTENTS

XII

APPENDICES

A

Commission to Governor Walter Patterson, August 4, 1769

319

B

Instructions to Governor Walter Patterson, August 4, 1769

327

C

Sections of the British North America Act Affecting the Government of Prince Edward Island

344

Documents Respecting the Entrance of Prince Edward Island into Confederation

353

The Lieutenant-Governors of Prince Edward Island from 1769 to Confederation

362

r

The Lieutenant-Governors of Prince Edward Island since Confederation

363

G

The Premiers of Prince Edward Island from the Granting of Responsible Government to Confederation

364

The Premiers of Prince Edward Island since Confederation

365

[)

E

H

BIBLIOGRAPHY

367

INDEX .

373

PART I

COLONIAL GOVERNMENT

CHAPTER I

EARLY GOVERNMENT THE TURMOIL of Prince Edward Island's early political history is in striking contrast to the size of the province. That local administration flourished at all was a miracle; that it developed slowly and painfully was inevitable under the series of unfortunate circumstances which plagued the Island for more than a century. Government, consequently, was often a farce in colonial times, and the resulting anomalies left their mark upon all the political institutions. The early difficulties were not without advantages, however, for what was gained by many mistakes and severe lessons was later treasured, and it became manifest in profound respect for local self-government, however limited in extent and influence the latter might be. The chief reason for the inauspicious beginning was that government started too early and on too ambitious a scale. When the British type of constitution was assigned to the Island the environment was not prepared to receive it. "History passed it by," said Stephen Leacock of Prince Edward Island in its earliest years.1 Ile Saint-Jean, as the French called it, was of slight significance in the colonial rivalry of France and England. Neither knew what to do with it; nor were they concerned with its fate so long as it did not become a source of embarrassment. It was too small and isolated to be significant, and yet too strategically situated in the Gulf of St. Lawrence to be ignored. Until 1713 it played an obscure role as a fisheries concession to certain French colonial enterprisers ; after that date it was a forlorn outpost for Louisbourg which treated it with a neglect commensurate with the indifference of the home government in Paris. The few French settlers who crossed to the Island from Acadia suffered famine and plague during a series of unsuccessful attempts to establish settlements. The colony fell to the British in 1745, to the French again in 1748, and finally to the British a decade later. When French rule came to an end, most of the Acadians moved away or were deported. The two or three hundred who remained had not had 1

Stephen Leacock, Ca11ada (Montreal, 1941), p. 90. 3

4

GOVERNMENT OF PRINCE EDWARD ISLAND

~ufiicicnt opportunity to develop the essential factors of a community-a stable population, a culture, industries, and communications. When the British assumed control after the Treaty of Paris of 1763 there was no established tradition, either French or British, upon which to build a government. 1 The Imperial authorities, lacking a policy, temporized by annexing the colony to Nova Scotia. The apparent value of the fisheries nevertheless suggested immediate investigation, and the Island was the first part of the territory in North America to be surveyed by Captain Samuel Holland, the King's Surveyor, in 1764. The British Government was quite determined on one point: the Island was not sufficiently important to justify any drain on His Majesty's Treasury. A scheme was therefore sought which would pass over the administration to someone who would assume both the responsibility and the expense. One proposal was that of the Earl of Egmont, then First Lord of the Admiralty. He petitioned the King for a grant of the whole Island, and suggested that it be granted to " Peers, great Commoners, eminent merchants, and other Gentlemen of Distinction," and organized on a feudal basis with hundreds, manors, and freeholds complete with courts baron and lords of the manor. 2 This and other similar schemes were rejected on the ground that feudalism along these lines would be impractical. Instead, the Government adopted a plan which called for a survey of the Island and its division into counties, parishes, and townships, and the distribution of grants of land directly and separately to persons deserving the patronage of the Crown. An essential part of the arrangement was that it should provide the Treasury with a substantial revenue from quit rents. 8 After His Majesty had approved this apparently simple and remunerative proposal, the Island was surveyed and divided into sixty-seven lots. All but two of these were distributed among petitioners who claimed the King's favour, in a way which indicated 1 See D. C. Harvey, The French Regime in Prince Edward Island (New Haven, 1926) . 2 Memorial of John, Earl of Egmont to the King, Public Archives of Canada, Colonial Office Records (P.E.I.), A series, vol. 1, p. 1. 3 Report of the Board of Trade, March 23, 1764, ibid., p. 67.

EARLY GOVERNMENT

5

that concern for the welfare of the colony was as small as the grantees' limited knowledge of their new lands. 1 The first government of St. John's Island was the result of a misunderstanding. When the new grants were made, the Imperial authorities determined to entrust Lord William Campbell, the Governor of Nova Scotia, with the task of making some temporary arrangements for settlement until the proprietors were able to assume the development of their holdings. Campbell, however, was on leave of absence, and the instructions were sent to his Lieutenant-Governor, Michael Francklin. Lord Hillsborough, the Colonial Secretary, in a confusing despatch, ordered Francklin to report on "the necessary establishment . . . taking care in the meantime to make such temporary Regulations" as would provide new settlers with "a full and complete participation of those benefits enjoyed by His Majesty's other subjects in the Continental Parts of Nova Scotia." 2 Francklin evidently misinterpreted the despatch and thought that he was expected to establish a new government on St. John's. Despite the objections of "some of the clearest headed members of the Council" he rushed "with too great zeal" into his misguided task. 3 He sent to the Island a naval officer, a provost marshal, a registrar of deeds, and a clerk of the Crown, as well as a surveyor to prepare town sites and erect necessary buildings and a judge to establish a court of common pleas and supervise settlement. Charlottetown was selected as the capital, a choice originally recommended by Captain Holland because "as this side of the Island cannot have a fishery it may probably be thought expedient to indulge it with some particular privileges."' This small establishment was designed by Francklin as primarily a commission of development rather than a government, for the opening up of the wilderness presented a more complicated task than the rule of a few scattered inhabitants. 6 See also chapter v, infra. Hillsborough to Francklin, Feb. 26, 1768, Public Archives of Canada, Colonial Office Records (N.S.), A series, vol. 81, p. 135. 3 Campbell to Hillsborough, Nov. 18, 1768, ibid., A 84, p. 3. •Duncan Campbell, History of Prince Edward Island (Charlottetown, 1875), p. 7. 6 Francklin to Hillsborough, May 21, 1768, P.A.C. (N.S.), A 82, p. 59; May 26, 1768, ibid., pp. 67-83; July 31, 1768, ibid., A 83, p. 791. 1

2

6

GOVERNMENT OF PRINCE EDWARD ISLAND

When Hillsborough learned of Francklin's efforts he lost no time in advising the erring Lieutenant-Governor that the new establishment was "highly disapproved by the King" and was the result of "a total and entire misapprehension" of His Majesty's instructions. Francklin should merely have reported "his opinion what Establishments may be necessary in the future" and meanwhile confined himself to making necessary regulations. "His Majesty was so far from adopting any such Plan as that pursued by Mr. Francklin," wrote Hillsborough, "that it was in contemplation by what means a new Government could be so formed as that the expense should be entirely borne by the Grantees.'' The home Government even threatened to refuse payment of the expenses incurred by Francklin, and only forgave him after considering his "mistaken zeal for His Majesty's service" and the apologies of Governor Campbell. 1 The result of this unhappy mistake was the recall of the Island's officials to Halifax. A new plan for the administration of the colony was then considered. Early in 1768 the fortunate recipients of grants of land on the Island proposed to the King that the colony be separated from Nova Scotia and given a government of its own. They stated: That this Island must, if properly encouraged, become a place of grrat Trade, and of very considerable advantage both to Great Britain and the Colonies, as well from its convenient situation with regard to the Fisheries, and the frrtility of the Soil, so well adapted to the production of Corn and Hemp, Masts and other Naval Stores, as from the Excellence of its Bays and Harbours. That notwithstanding these great natural Advantages the settlement of this Island will be very much retarded by its dependence on the Government of Nova Scotia, as no legal Decisions ran be obtained nor any matters of Property determined without a tedious and expensive voyage to Halifax ( where the Superior Courts of Judicature and all the Publick offices of Government are held) which during the Winter Months is impracticable on account of the Ice; this must unavoidably be attended with great Detriment ·both to the Trader and Planter. That many industrious and able Settlers are deterred by these considerations from bringing their Families and Property to a Place so circumstanced. 1

Hillsborough to Campbell, Sept. 12, 1768, ibid., p. 127.

EARLY GOVERNMENT

7

That these inconveniences would be effectively remedied, and the settlement rendered speedy and certain if it should please Your Majesty to form this Island into a separate Govcrnment. 1

His Majesty's advisers discussed this proposal with the proprietors and agreed to it provided "the expense attending the execution of the measures recommended might be defrayed without any additional Burthen upon this Kingdom." 2 The cost of the proposed separate government was to be met by quit rent payments for a period of ten years, that is, "until the Island should be in a state to provide for its own Establishment." A regulation of ominous portent provided "that in case the amount of them [the quit rents] should fall short of the intended Establishment, either by a failure of consent in any number of the Proprietors to the alteration now proposed in the conditions of their Grants, or hereafter by any other accident or defect whatever, the Salaries and Allowances to the Officers should be diminished in Proportion and no demand whatever brought either upon Parliament or upon the Treasury to make good such Deficiency." 3 It was expected that this arrangement would "not only facilitate the Settlement of this Island" but also secure "a very considerable Quit Rent, which will after a short period revert into Your Majesty's Treasury."~ The King approved the plan on June 28, 1769. Although the Island was to suffer great inconveniences from this arrangement, it nevertheless owed its independence and separate government to the proprietors. Perhaps they thought it would be more likely to prosper under its own administration. They may have noted that in previous cases of joint governorships, the weaker colony was generally neglected, 5 or considered that their own rights and privileges as landlords would be safer under a separate government than under one administered from Halifax. In any event their motives combined effectively with the Imperial Government's lack of interest in promoting change. June 28, 1769, P.A.C. (P.E.I.), A I, p. 93. 3 /bid ., p. 98. p. 95. /b id., p. 99.