Xxvi APPENDIX.
a document that covered hundreds of pages. He would do his best, however,to explain the general views and decisions
propounded by the Commissioners.
In the Examiner of yesterday there was an abstract that was in the main very accurate. There was one paragraph, however. which though correct so far as it went, did not convey the entire judgment of the Commissioners. The paragraph red thus :-—- -
“ The Commission consider that the original grants were improvident. and the conditions not complied with; but owing to the lapse of time. it is deemed inexpedient to in- terfere with them. The Commission are of opinion that the Government of the Colony have always had and still possess the power to establish a Court of Escheat."
This is true, so far asit goes. The Government of Prince Edward Island always had, like all the other Colonial Gov- ernments. the right to Escheat lands as part of its Consti‘ tution. But the Commissioners decide, that as this right has not been exercised for 43 years, that as the Crown had expressly instructed the Governors not to sanction any such measures—as though power had changed hands, no politi— cal party had resorted to this remedy. it was now too late to talk about Escheat, and theta solution of the difficulties must be sought in other directions Besides, the Commis- sioners were 'opposed to Escheat, because if the original grants were annulled all title would be swept away. Free- hold and leasehold would be alike unsettled. and it did not follow, even if juries could be got to despoil the grantees, thatthelands would belong to those who occupied them. For these. and other reasons, it would be seen by the Re- port that the Commissioners while recognizing the abstract power of the Government, put aside the plan of escheating the lands as impracticable and absurd at the present day.
On one point Mr. Howe said that he wished to otl'or an explanation. It was very natural that the people of Prince Edward lsland should he impatient of delay, and anxious for an early decision. But he had known a Chancery suit involving the title to a single estate to last for fourteen years. It was no uncommon thing for a suit about land in our Common Law Courts to run over two or three terms. The Commissioners were all busy men, surrounded by public and personal engagements. A million of acres were involv- ed in the Land Question, and the rights and interests of 70 or 80,000 people. It could hardly be said that the Com- missioners, in adjudicating upon the varied and momentous questions covered by their Commission,in eighteen months, could be charged with want of zeal, decision and industry. For himself he would have preferred to have had another