ON CAPE BEETON. 251 



as illegal ou the ground that iu cousequence of the royal proclamation of 1*763, and of 

 the letters-patent and instructions ' relating to the government of Cape Breton, no tax 

 could be levied in the colony except by consent of its representatives convened in an 

 assembly. On that ground, and after an exhibition of much public discontent, the pay- 

 ment of the tax was at length resisted, and an action brought in 1816 to recover it for the 

 crown by the King's collector against Messrs. Leaver and Eitchie, then lessees of the coal 

 mines. The cause came on for trial iu the supreme court of the island iu November, 

 1816, before Chief Justice Dodd, when a verdict was given for the defendant on the 

 ground that the tax was illegal. To this verdict and the judgment given thereupon 

 " the crown was advised to and did submit." This difficulty, involving important finan- 

 cial results, led to a radical change in the constitutional position of the island. Wearied 

 with the squabbles of officials, finding that the island was making no progress under a 

 government of its own, informed by the crown officers that there was no legal provision 

 for raising a revenue iu the island, and that some change was imperatively required in 

 the general state of affairs, the English government took steps to reannex the island to 

 the government of Nova Scotia and to declare it a distinct county of that province, " to 

 be called and known by the name of the county of Cape Breton ; and to be represented, 

 and the civil government thereof to be administered, in like manner as the other counties 

 of the province are administered and governed.- This action of the imperial government 

 created much discontent among the officials of the island, and strong remonstrances 

 against the union were sent to England, where they were supported by the famous agi- 

 tator, David Hume, in the British parliament. The majority of the inhabitants of Cape 

 Breton appear, however, to have been quite indifferent to the measure, and its unpopu- 

 larity was mainly confined to the little capital. The constitutional point was raised by 

 the petitioners that the islaud had never been formally annexed to the province of Nova 

 Scotia after its cession by France as an integral part thereof, but that it had been for a 

 short time placed under the government of the province, and had been subsequently 

 given by letters-patent a distinct constitution, with a lieutenant-governor and council and 

 the right to call an assembly when necessary, and that this constitution having been once 

 solemnly granted by the crown could not be taken away, except by the consent of the 

 people or by an act of the imperial parliament. The question having been referred to 

 the judges of the privy council they decided that the inhabitants of Cape Breton were 

 not by law " entitled to the constitution purported to be granted to them by the letters- 

 patent of 1784, mentioned in the above petition." ■' 



For many years the progress of the island was retarded by the supineness of the Eng- 

 o-lish government in giving titles to lands, noue being granted even to actual settlers. 

 Captain Holland's survey was completed in 1767, but still no move was made to open the 

 large tracts of valuable land which were available for cultivation. Between 1770 and 

 1780, merchants from the islaud of Jersey began to establish fishing settlements on He 

 Madame, Cheticamp and several places on the Gut of Canseau, some of which grew to 

 considerable size. For some inexplicable reason, when free grants of laud were offered to 



' See App. XVI, (D,) to this work. 



'' See App. XVI, (E,) for proclamation reannexmg Cape Breton to Nova Scotia. 



3 See Brown, Hist, of C. B., 4.")S, 4.59, and App. XVI, (D,) to this work, where a reference is given to tlie peti- 

 tioners' case. 



