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The Island Knight: a Sketch of The

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The Island Knight: a Sketch of The What follows is both history and an exploration of how fashions in history change. The subject is Sir Louis Henry Davies, once voted the most influential Islander of all time, now largely forgotten. In 1945, on the 100th anniver- sary of Davies' birth, a rising young historian named Frank MacKinnon penned a series of feature articles on Sir Louis' life and legacy. Appearing over four issues of the Charlottetown Patriot, "The Island Knight" had to compete for attention with the accelerating collapse of Nazi Germany and public anticipation of an end to the long, bitter war in Europe. If the portrait MacKinnon paints strikes you as overly-innocent and deferential, remember that "An Island Knight" was written in a less-cynical time. A great war was coming to an end because of the courage of bold people and valiant nations. It was easier to believe in heroes then. The afterword features a short essay by historian J.M. Bumsted on some of the factors which may have contributed to the almost total eclipse of Sir Louis' once-brilliant star. Dr. Bumsted has been researching Davies for an upcoming volume of the Dictionary of Canadian Biography, and he offers some insightful thoughts on the nature of historical reputation. The Island Knight: A Sketch of the The Honourable Mr. Justice Sir Louis Henry Davies, 1903. Rt. Hon. $ii* Louis Davies By Frank MacKinnon n May 4 of this year will fall the The Beginning of a Career Mr. Justice) Alley. Success came almost O one hundredth anniversary of the instantly. Davies was a brilliant and birth of the Rt. Hon. Sir Louis Henry Louis Henry Davies was born in convincing speaker and his ability com- Davies, KCMG, a great Prince Edward Charlottetown on May 4,1845, the sec- bined with a sound education to make Islander who became one of Canada's ond son of the Hon. Benjamin Davies. him one of the best lawyers of the distinguished statesmen and jurists. As The father was a prominent merchant day. His rise was so rapid that in 1869, a premier of the Island during part of who ran a general store and shipbuild- two years after being called to the bar, the most spectacular decade in its histo- ing business at Orwell, and who became he was made Solicitor General for the ry, as a colleague of Sir Wilfrid Laurier a leading member of the local legisla- Island. Four years later in 1873 he was in federal politics, and as Chief Justice ture, serving as Colonial Secretary and elected to the legislature as a member of the Supreme Court of Canada, Sir Postmaster General. During his early for Murray Harbour district at the early Louis held an honoured place in the years, young Louis developed a keen age of 28. public life of this province and of the interest in business and politics and At the time Louis Davies entered Dominion. It is appropriate that on the gained much knowledge and experience the legislature Island politics were astir occasion of this centenary his life and from close association with his father. with the excitement of pending events work should be reviewed anew, and He attended school in Charlottetown and the necessity for the settlement that the achievements of Prince Edward at the Central Academy, now Prince of the long-standing problems. The Island's greatest contribution to the of Wales College and later studied law election of 1873 was fought on the ranks of Canadian public men should in the firm of Palmer and MacLeod. terms by which the colony was to enter be recognized once more. This is the When he was 21 he went to England and Confederation; the construction of the first of a series of four articles designed studied for 14 months in the offices of Prince Edward Island Railway left the to outline the career of Sir Louis Davies, the famous Thomas Chitty, one of the treasury with an embarrassing debt; the "Island Knight" as he was affection- great legal scholars of the day. On his the time had come when the land ques- ately called by his contemporaries, and return to Charlottetown he set up in tion must be settled in order to give assess his relationship to his time. practice with his friend George (later the tenants a fair share in the Island's to sell by means of the "principle of arbi- tration combined with that of compul- sion" and which set up a commission to administer the transfers. The Act had many defects, all of which were pointed out in the legislature by Mr. Davies as Leader of the Opposition. His sug- gestions for improvements were largely ignored by the government and the Act was passed only to be refused Royal Assent by the Lt. Governor and the Governor General for the very reasons about which Davies had warned. In the following session a new Act was passed embodying the Davies recommendations and it became law. But a final obstacle had to be overcome and it was here that Mr. Davies prevented the failure of the whole scheme. One of the proprietors, Charlotte A. Sullivan, appealed from the jurisdiction of the Land Commission Sir Louis was first elected to represent the district of Murray Harbour. to the Supreme Court of the Province, which overruled the award of the Commission. The judgement negatived economic future; the separate school political calling," a term which could the proceedings and the government was issue was then becoming a matter of have aptly been applied to his own ready to give up. But Davies, who was at wide interest and the need for educa- future as a national statesman. His con- this time Solicitor to the Commissioner tional reform was generally recognized. tribution to the Confederation debates of Crown Lands, recommended that the In all these problems Davies had a keen was so effective that in the following case be taken to the newly-established interest. session, his second as a member, he Supreme Court of Canada. After much Louis Davies was introduced in became Leader of the Opposition. hesitation, the government agreed and the House during the Confederation The event which placed Davies in the the issue was laid before the highest debates of 1873. Prince Edward Island first rank of the Island statesmen of the court in the Dominion as its first case. had in 1864 been the birthplace of day was his participation in the settle- He won the case, thus ensuring the suc- Confederation, but when Canada began ment of the land question. For many cess of the Land Purchase Act, and pav- as a nation the Island remained out- years the development of the province ing the way for the final settlement of side the union because the terms which had been hindered by the absentee land- the most serious problem in Island his- had been offered to her were consid- lord system which had prevailed since tory. ered unsatisfactory. By 1872 the rail- the Island had been surveyed by Captain One of the Island's most controver- way debt had forced the government Samuel Holland in 1765, at which time it sial topics was the school question, to change its attitude. Union negotia- had been divided into 67 lots which were which dominated provincial politics tions were then carried on with the fed- given to persons who had some kind from 1874 to 1879 and which placed eral authorities and several delegations of claim on the Crown. The proprietors Louis Davies at the head of the govern- were sent to Ottawa for "better terms." as a rule did not take an active interest ment. Educational reform had been But some members of the legislature, in their holdings with the result that pending for many years and the neces- including Louis Davies opposed the their development was left largely to sity for it was accompanied by a demand "better terms" attitude and declared the tenants. As the years passed the for separate schools on the part of the that the Island should cease bargaining latter demanded that they be given the Roman Catholics of the province. They and enter wholeheartedly into the wider right to purchase in order that they believed that education and religion sphere of nationhood. In vigourous might improve the land to their own should be closely associated and that and eloquent terms the young mem- advantage. Commissions had been set religion should be taught to children ber from Murray Harbour made his up, recommendations were made to in the schools by teachers of their own legislative debut and addressed his fel- the Imperial government, and appeals faith. The Roman Catholic schools in lows from the floor of the House. "It were directed toward the owners, but Charlottetown gave an excellent secu- is high time for us to close up this hon- to no avail. The proprietors refused lar education in addition to religious ourable and straightforward bargain to sell. But when the Island entered instruction. But they did not receive between this colony and the Dominion Confederation the situation changed. support from the treasury because they of Canada, as it is best for the interests One of the terms of the union was a were not public schools. To obtain sup- of both parties to do so." A few months grant of $800,000 from the federal gov- port from public funds was the aim of later an agreement was reached and ernment to enable the province to buy the advocates of a recognized system on July 1, 1873 the Island became a out the proprietors.
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