Colonial Herald -- 1843-05-06 -- Page 1

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    The Colon

    PRINCE EDWARD ISLAND ADVERTISER.

    ‘al Herald,

    aa

    Vol. VI.J

    CHARLOTTETOWN, SATURDAY, MAY 6, 1843.

    J
    [No. 301.

    anes

    q LEGISLATIVE COUNCIL,
    Tuurspay, April 13.
    Pursuant . to motion, the House resolved itself into a Com-
    ‘mittee of the whole, to. take into consideration the Message
    fthe House of Assembly and the Address to Her Majesty
    ccompanying the same, on the State of the Colony, (this
    measure originated with the hon. Mr. Palmer, in the Committee
    wrthe Asseinbly.—(See the Colonial Herald, March 25th.)
    The Hon. Mr. Hensley took the Chair.

    The ATTORNEY GENERAL said that the object of the
    . Resolutions before the Committee should have his unqualified
    support. Asa native of this Colony, where he had spent the
    est part of his days, and where, in all suman probability, he
    would end them. no member of the Committee felt more sympa-
    ‘thy for the distressed situation of the Tenantry of the Island than
    she did. and none knew better than himself thatthe Resolutions sta-
    ted the truth, and nothing bu: the truth, in declaring the impossibi-
    ‘Jity that existed of the payment, by the tenantry, of their rents in
    ‘specie. He was rejoiced to find that the majority of the present
    “House of Assembly had the courage and honesty to disabuse
    “the minds ofthe Tenantry on the subject of that ignis fatuus
    wEscheat,” which the language used in these Resolutions would
    ‘most assaredly do—a subject. which had been artfully and
    wickedly made use of for so many years to serve the selfish
    ends and views of certain individuals, to the ruin of hundreds,
    ‘otherwise well disposed tenants, who by credulously believing

    (hese agitators had been induced to withhold the payment of

    “their tents, and now found themselves overwhelmed by an

    “amount of arrears which they could never liquidate, and which
    | it would be in vain for them to struggle against. He however
    hoped, that the Proprietors generally would cordially respond to

    the united opinion of both branches of the Legislature, conveyed

    J) as it could only ve conveyed, through the medium of the Impe-
    gy rial Government, and in language to which the most fastidious

    supporter of vested rights amongst them could not object, and
    rant the boons now, he trusted, about to be asked of them on be.

    half of thedistressed tenantry. The resolutions so forcibly and
    truly represented the inability of the tenaniry to meet the de-
    ‘mands of their landlords, that he considered 1 would only be
    respassing apon the time of the Committee further to expatiate
    “Jon this part of them ; but there were introduced into them some
    words un which, asa member of that Board,—as an ardent admirer
    of the constitation under which he had the privilege to live,—
    he felt bound to make a few remarks. The Committee would
    observe thai the Resolutions stated the arrears due by the tenan-
    ‘try had been increased by the costs of Warrants of Attorney
    ‘taken from them, and by the costs of judgments entered up on
    such Warrants of Attorney. This he did not believe to be true.
    aad imagined that the framersof the Resolutions had, inadver-
    tently, allowed this statement to appear, misled by the report
    uthat such was the fact. and which report. had been industrionsly
    ‘circulated with the view of blasting the character of his honour-
    able and learned friend the Solicitor General in this community,
    and on which report the House of Assembly had unconstitution-

    vdlily. ‘he mast say, appointed a Commitee to enquire into the con

    -duct. of kis hoa. frien | in his private capacity as aland agent. He

    asserted, without fear of contradiction, that in. granting ‘this
    ‘Committee for such a purpose. the Assembly had widely erred in
    ithe estimation of its powers. With as much right, it might have
    ygranted a Committee 10 enquire whether one or more of the
    Merchants of Charlotietown had dealt harshly with his or their
    (debiors in the collection of just debts. “He felt obliged to
    weprobate the proceedings as unjust. iNeegal and unconstitutional
    in its very inception; was it just th
    be anstitated for such a purpose, before which the aecused had
    | ne epportunity afforded him of being heard? was it right that his
    hould thus be held up to the world as a person
    ‘so unjust, so wickedly and avariciously grasping, that the Repre-
    | “sentatives of the people deemed the case one so flagrant as to
    warrant them in overstepping their powers and in granting
    this Committee of enquiry into his conduct as a land agent? Why
    the mere granting the Committee by sueha body must undoub-
    edly have iad the effect, at the very outset, of stamping an
    wourable impression apon the minds of the public against
    to say nothing of the risk he afterwards ran, ot having all
    ‘words and actions perverted by judges, some of whom,
    Wthere conid be ‘no doubt, had previously prejudged him Thus

    far he had endeavoured to confine his observations to the illegality
    f the proceedings adopted against his hon. friend, but as a gen-
    leman whoin he had known intimately from his first arrival in
    is Colony, and of whose worth, honor and integrity he had the

    ts

    the people,
    the truth, however

    et wishes an

    behalf of their suffering Tenantry.

    ers pee toe replete op! legal obligations, to with-
    those who, in an evil hovir 4 , ee = eer eee oad ~
    ; P , had listened to their counsels and had
    sufferea themselves to be misled, were now encumbered with a
    load of debt which they found difficult to discharge—an inconve-
    nience not experienced by their advisers, who had always taken
    care of their own safety by keeping their own rents paid up By
    the active machinations of this band of impostors, by holding out
    hopes of free land to the people—hopes which those who raised
    them well knew to be delusive, and by making them believe that
    if they were returned to the Assembly, they would realize their
    promises.—the majority of the other House had for several years
    past been composed of those whose object and interest it was
    to promote measures not tending to ameliorate the condition of
    the people and advance the prosperity of the country, but wild,
    visionary and unconstitutional schemes which they well knew
    would never receive the assent of this House (the Council) nor of
    the Government at home, but which well answered the onject of
    those who framed them, which was, not that they might pass, but
    that their rejection might afford new elements for agitation. He
    was not unaware that the chque had lately received an accession
    of strength from another country, from a land whose recent his-
    tory. while it too fatally displayed the dreadful consequences of
    a people's listening to the Detnagogue with too ready an ear. pre-
    sented an instructive lesson of the way in which that demagogue,
    in the hour of need, will desert those whom, by his pernicious
    avice, he has misted—a country whose melancholy tale tuld how
    to find men base enough to stir up people to insur-
    rection, and then like the incendiary flying from
    work, lest the . flame which his torch had lighted up, should lead
    to his detection, vanish from the ranks which their secret devices
    had called together, very probably mingling with those of their
    opp nents, and by loud protestat
    voring to hide their treason.

    House, the majority of which

    antry, entered up ju
    He had heard all this.
    speeches, and had witness
    which they had endeavore
    remained passive.
    whom they emanated, that, to te
    concern about it. Some men would perhaps at once haye answer- i i ; F
    ed and exposed their falsehoods in a annie prints, but he th coal; ‘early otie-Bflh Ge Nelent ean ee
    : ,
    one of those who heJd, that a man’s character dependet on the] aggrieved; but if both sides were heard, perhaps instances of kind-
    of his life and actions—that this formed the stand-| ness and lenity might also be brought tt d
    h neither the voice of the libeller nor the pen. of| ¹} ge ae. ery teslenate «Alen ter poeta tare
    h they might cast a temporaty shadow hd these, and to shew that, if, in some cases, an apparent severity was
    ths etfeciaatly tower hina? hae Se KR He acta AD 9 CO exercised, it arose not from a disposition to be severe, but because in
    resent instance, those charges had appeared to cone ae “ ' of Essar 5 Bo3 wee oe pig in bd pry is per a
    $ ed by whe inthority of id thet BrdbĂ©h Ehime abe, His hon. and learned friend had so fully pointed out the impropriety —
    ‘ ; egis-| of a House of Assembly assuming a jurisdiction to enquire into the~
    lature, he must own that he felt happy, that at last. an opportu: | conduct of private individuals, that he would not detain the House
    was accidentally afforded him, to make some observations | with many observations on that head ; he had no reason personally
    ; A Member of the other House had stated, | to regret that they had, in the present instance, assumed the right for
    that the meeting at New London arose trom his (the Scl. General) | the purpose of attacking him, but he must raise his voice and protest
    having recently issued 70 or 80 writs against the tenantry. He | against such proceedings, because they are unconstitutional and illegal
    that :his assertion was false, and he had gvod rea- | and because, if they were tolerated, it was evident that nialledant
    hat that individual knew it to be so atthe time | individuals might, under colour of their privilege , be able to “send
    he made it. Not one writ had been issue@—not one judgment enter- | abroad the most wanton aspersions of character, rendered ten-fold
    ed up—not one execution issued—and the only proceeding taken | more baneful by the apparent respectability: of the source from which
    against the tenants at New London, on the estates under his man-| they came, and perhaps supported by ex-parte testimony, which the
    sement, was six distraints !—the whole rent levied for under these | accused had no opportunity of examining or confronting. He pro-
    ly amounting to £18 17s.6d. These were made for |} tested against such proceedings, The House of Assembly went ‘far
    rents due for the last year,which he was determined to make them
    was convinced that no man who allowed them to How could there be a greater progtitution of its high duties thow
    ar wasreally their friend. Those people at New could the respect which ought tobe due to it be more effectually

    ard, from whic
    the scribbler, thoug

    upon that proceeding.
    ions of pretended loyalty, endea-
    They were well aware that from,
    Canada—recently pregnant with examples such as this—an indi-
    vidual bad come, who had joined the agitating band to which
    he bad alluded, an individual who, from his arrival here to the
    had set himself up against every constituted au-
    land—a man who breathed sedition, whose every
    whose every speech tended to incite
    He had no doubt he was dn instru.
    fitted for the task. He did not meat to say hehad joined
    rebels there; but looking at his conduct since
    from whence he came, and the
    ng a proficiency, who could
    hat he was well versed in the secret aris by which a
    be rendered discontented, and sedition successfully
    hem? but he hoped that for him, and such as him,
    He trusted that
    lace in the ocean on which,
    y but lighted in their way to some more
    rue spirit of the Bri.
    Let them pass on to
    amid the ever-agitated waves
    ey might find spirits
    d there let them float the ark of
    d; but let them not remain here
    and destroying the

    would only say
    son for believing |

    writing was pernicious, and
    to insurrection.

    the ranks of the
    he had been here, and the place
    es he had had of obtaini

    pay. because he
    get further in arre
    London, of all others had no reason to complain ; they
    caitle and produce taken for their back rents-that these, like every
    thing else, had been low, was a circumstance which in common
    with every person else he regretted ; but not one single cargo had
    ever realized what the tenants had been allowed for it—that they
    in arrear was not his fault. He had ta-
    from the tenantry for these. back

    sown among t
    this Island would prove but a. tempor
    it would be used cnly as the resting p
    like birds of passage, the
    southern clime.

    were unfortunately
    xen many bonds and warrants
    rents, and he would state the reason
    When he first came here, he was employed as an attorney, | ij .4j A 3
    he toe astatebe apnich, RAEN justice 4 If they were, they were much mistaken. Nothing would
    He foand that Sra as peat the people had lately been pursuing. There was no doubt that these
    Ce AE ee ° i b ng disturbances had arisen from some of the agitators of the other
    “ty ay) E hig Cc: PE Spe Y | House, and the meetings were held and resolutions passed at their
    ih inne eta og instigation.» It was of a piece with all their proceedings, to try in
    fe io them - some way or other to urge the people into acts which would prevent
    ective balances, and the effect they saw that a measure founded on reason or justice was about to be
    the worst, and they to be sued, | proposed, and would therefore probably be.agreed to,they induced the
    ould be only three pounds: if people to get up those meetings (how much further they desired that
    He took their bonds and war- | they would go, was a secret jodged in their own hearts), for the pur-
    ; three, four and five years, with-| pose of exasperating the proprietors, and thereby induce them.to reject
    He was entitled toa fee on each of these bonds and | the proposal—while, however, he feared the consequences, he hoped
    fact which must have been known to | that they would look only at the secret instigators, and not visit their
    on he had not charged the tenants a farthing for them {sins upon those whom they deeeived by their counsels, and betrayed
    —that by giving them, they had got two, three, four and five years to | to serve their own selfish views. He concluded by moving, that that
    b might S09 been ae at. any monet Ang this ieulesore part of the Resolution which stated that the arrears of Rent were
    ot without one shilling of expense being put upon | em. He | larget increased by bonds aad judgments to th I
    hathe did not think “he had received upwards of £30 for} be eck out. 4 Beis pics eae a nese

    Âą over his books he found that h shOie i
    ait vier dindtots of ately and The Hon. Mr. Hott said, it will be unnecessary for me to

    The air ha'lowed by thet
    tish Constitution was too pure for them,

    some southern republic, and there,
    of a stormy and ungovernable
    congenial with their own, an
    their regeneration if they woul
    shedding abroad the
    peace of the country,
    rection.. The people could nev
    such men their representatives,
    wersto advance their interests

    to sue several persons for ar
    under his management.

    assignments, the pleadings were
    judgment would be ÂŁ8 or ÂŁ10. H
    injurious to landlord and tenant. W
    his charge, he had to settle accounts
    ny hundreds of tenants.
    bonds and warrants for their resp
    would be, that, if the worst came to
    the costs of a judgment on the bond av
    sued without it, would be ÂŁ8 or ÂŁ10.
    by instalments, at two,

    ir noxious influences
    by endeavoring to incite the people to insur-
    er expect any good from having
    because they must see that thoxe
    must look on every
    st—every thing they attempted was
    hey ‘proposed impracticable. Time
    Council) teyected these Bulls, not
    Yi constitutional lengths to serve
    e such, as not only)could
    hinking men. but if assented ‘to,
    le of the tenantry, themselves.
    that the delusion had in part
    use had been formed, whose
    speak the truth,
    dst of popular clamor and ex-
    ad so long misled the country,
    heir leases could not be treated as void.
    atthey had no power to dic-
    hich they should part with
    as far as they could go, stopped,
    further would have been to have overstep-
    een right aud wrong.
    asure had been proposed to w

    who had the po
    thing they did with distra
    absurd. and every measure t
    afier time had that House (the
    that they were not willing to goa
    them, but because their measur
    not receive the assent of right t
    would absolutely destroy the ut
    He was glad to perceive, however;
    and thatat length a Ho
    honesty enough to
    moral courage enovg
    citement, instigated by th
    to tell the people \t
    that their rents must
    tate to the proprietors the terms 0
    their land—who, whil
    just when to proceed
    ihe boundaries betw
    that, at last, a me
    trusted, that. House, would give 1
    The Resolition proposed to request the propr
    should this be consented to,
    It was a reasonable request, and he felt con-
    He had as guod an opportunity
    e-condition of the country, which 1s
    hers, overshadowed by that dark
    hich seems to overhang
    culating medium of the

    at this éz+parte tribunal should

    but the fact was—a
    his accusers—that

    costs on these bonds, but on lookin
    had been far beyond the mark.

    ich he had tak ly fi judg is had b te , i
    warrants which he had taxen, adil tie aaa wo yr eo concur in the observations made by the hon. the President; whoss

    f ÂŁ30, would not exceed ÂŁ10; if they
    ld not have been much, on so exten-
    he had been charged with put-
    sts. He would ask any one whether
    was not the one which, even if the
    t, would throw the least possible
    her his doing this without charge, did not
    thanks rather than their censures. The case of a
    Iso been brought forward by a certain indi- ( om mittee n
    riety in the other House, and it had been tyrannical, inquisitorial, and, I may add, uneonstitutional; and
    his man had been most cruel. If ever a
    this case had been. In 1840, he found of so monstrous and unprecedented a procedure, resembling as, it
    here he had been 6 or 7 years. He| does, on the part of the majority of that Committee, more the act of
    re—two years at 6d., one year at Qd., | the midnight assassin than that of an honorable and upright
    for the residue of the time; but he| member of a British Legislature.

    and though all his neighbors glad-| _ The Hon. Mr HENSLEY said, it is searcely possible to ha

    ly took theirs, he declined : it,could hardly be supposed that he would | }jstened to the observations of the bon. Prexident i He pe
    be allowed to keep the land
    commenced, and judgment 0
    if he would pay the costs, b
    turned him out of possession.

    up, and two of these had been
    The costs on these, instead o
    had been ÂŁ200 or ÂŁ300, they cou
    Notwithstanding this,
    ting the tenantry to enormous co
    the course which he had pursued
    tenant had to be proceede
    expense upon him ;
    entitle him to their
    man named Haney had a
    vidual of escheating noto
    stated that his conduct to tl
    case had been wilfully perverted,
    Haney, a squatter, on Lot 45, w
    offered hin a lease fur 999 yea
    and then at.a shilling sterling,
    was a disciple of the escheat

    be paid, and th

    He was happy
    hich he, and, he
    ts unanimous concurrence,—
    ietors tu take their

    highest opinion, he had never doubted but that this Âą% parte
    ri it would be a great

    would redound to his credit; the event justified the opinion
    teriained of bime the character of his hon. friend shone
    ith increased lustre after undergoing the ordeal to which it had
    een subjected; most signally had the malice of his enemies been
    eaied, after hunting ap witnesses from all corners of the Colo-
    this uncenstitutional Committee made no report on the point re-
    red to them. thereby evidencing their inabitity to sustain one iate
    the slanderous charges made against his hon. friend, though at
    he same time, by such silence, evincing a total want of that can-
    dour and sense of justice which ought more especially to govern
    men filling the high and responsible stations of Representatives
    and which ought to have influenced them to declare
    repngnant that truth might have been to their
    d feelings, The majority of the Assembly
    ad however done his hon. friend justice in this respect, and
    illegal and unconstitutional as the proceeding in fact was, in one
    nse it would serve him ; it would. disabuse the minds ol those
    persons who not knowing his hon. friend as he did; may have cre-
    lulously believed any portion of the slanders propagated against
    him, slanders which be regretted to say had gone the rounds of
    e public press in this Colony. He felt that he had spoken
    armly on this occasion, be trusted not tov warmly, for, i his opini-
    n, the course adopted by the Assembly was one that called fora
    “Strong expression of opinion upon it, from all the members of
    Ap Committee, and should be honestly and firmly reprobated at
    ‘once, What, he Should like to know, was to prevent that board
    m constituting a Committee of Inquiry on the private conduct
    any member of \he Assembly, that might in any way make
    mself obnoxiwus to them? where was the line. to be drawn.—
    He had a high respect for the Assembly, respected its powers and
    “is privileges, and would he thought be one of the last: men in the
    Colony. to. wish to see . them curtailed, or. to wish to see it
    lowered.as a Body in the estimation of the public ; but he should
    have taken shame to himself, had he not raised his voice in

    Rents in produce :
    boon to the tenantry.
    vinced it would be acceded to.
    as most men of knowing tb
    now, in common with most ot
    cloud of commercial em
    and he did not think the cir
    heir rents in money. He tho
    d’to the good of both landlord and ten-
    produce for rents was introdu-
    by supposing that this:

    barrassment “W

    Island sufficient to pay t
    necessary, and would ten
    ant, if a general s
    ced; but let them
    would be a sort

    rents were reserved at a rate expected to
    was taken, they must not expec
    h country dealers who paid in
    s all they must expect—again,
    1€, polato was too expel-
    and too uncertain in its
    The time of receiving them too were
    anged much more benefi-
    it was now generally ta-
    enient to get it ready and
    iid be much More con-

    ystem of taking
    not deceive themselves,
    of getting rid/of their ren
    be received in cash,
    t to be allowed the

    and if produce
    trade would give.

    high rates whic
    The cash price wa
    grain that could be

    sive to transport, too liable
    price to be depended upon.

    a general system adopied, might be arr
    cially for the tenants than it now was;
    ken in the autumn, when it was inconv
    the roads were bad. Instead of this, it wot
    venient to say to the tenants—yo
    afier that none wi

    delivered possession, on behalf of th
    in again and remain till the Spring,
    generally taken; tt did not arrange for the place; but
    rent, and judgment obtain
    Solicitor General) had gone
    placed an execution agains?
    but as he did not wish to be more severe

    instructed the Sheriff to intimate to him, that if he would go andj : a ee ,
    he would not ‘seize his things. The Sheriff did so, tion from the foulimputations attempted to be cast upon his repu-

    e that alternative, and left of his own accord. He
    s he was acting as leniently as he could—
    ith so extensive a property, it would not do
    e man to compel the owners to incur heavy costs,

    his possession.
    Their doing so would be a good

    but ruinous to the owners of the estate, , Ă©
    Had he wished to act hardly with Haney, | 2d consolation, under troubles such as these, in the conscious

    tion to take its legal course. If his rectitude of its purposes, and the firm mind ever disregards both
    ficient to pay it, he might have put him in the smiles and the frowns of the world, and is content rather to
    and after all ejected him. All he could then deserve, than to expect its favour. .
    that he was like hundreds of others, the victim of| ‘The Hon. CHARLES YOUNG then rose, and said something
    and that his obstinaey deserved the punish-| 9 the following effect :—
    ived. There was another charge, but it was almost too] Mr, Chairman—Although | am the last to rise and address
    d been said, that at New London, while | your honors on the subject matter of the proposed amendment
    robtasied setts on his ome to the Resolution, yet [am not the less anxious to express my
    a. and ove ey ph a rhea opinion in its favor, because it is founded on fact, and also to
    pt. tney, were $3 2, AS WAS ih mpted to be| evince my satisfaction at the clear and lucid manner in which
    ; hich he ry? “om ips ot Aig Saree my hon. and learned friend, the Solicitor General, has excul-
    tre fa ieee = ge nat bir i pated himself from the calumnies that have been industriously
    xs prejudices ree tees rch ono harm here ; but its-| (+ ulated against him : his statement to us this day has been so
    by making them believe (if they could,) that his | 7)’ foreible and dispassionate manner, that its truth is stamped

    leave the place,
    and the man chos
    conceived that in doing thi
    every one must see,
    to allow an obstinat
    and. after all, allow him to retain
    would try the same exper
    thing for him as a lawyer,
    and those who lived on it.
    he would have allowed th
    things did not rea
    jail for the balance,
    have said, would be,
    the escheater’s doctrines,

    pay in grain until the
    ll be received, and he who bas
    ey. As io giving
    he Resolution, because he under-
    hould be generally given up, bat
    d circumstances of a
    us mao might be held to entitle him to that
    like a general system of giving up the
    hecause it tended, to make “hose
    d. They at. once say, and with
    with, because the man who
    han those who did; besides,
    rears were occasioned, not because
    but because they had listened to
    and they would get their lands
    would be a direct premium
    whose all would not pay
    e side of leniency than
    emitting some, would be
    Should the proprietors
    din the resolutions,
    afy the agitators ; th
    had the majority in t
    e Resolution fix

    first of Mareh;
    not then paid, must pay in mon
    rents, he went with that part of t
    stood it did not ask
    only in eases whe
    oor but industrio

    ood conduct an

    back rents wou
    who have paid up dis
    reason, that they are no
    did not pay is put on a bett
    the greater portion of the ar
    ople were not able to pay;
    who told them not to pay,
    d—the giving up therefore,
    sull' there are many,
    better to err on th
    ust discrimination in r
    lord and tenant.

    “Warning on.this occasion, The introduction of the assertion in
    sthe-resolutions,that the embarrassments ofthe Tenaatry had been
    4 sed by the exaction of warrants of Attorney from them, and
    “by the costs of entering up judgments thereon, had afforded him
    ‘the opportunity of making these remarks; the assertion however,
    “was in fact unfounded; he believed that his hon. friend had
    mMever exacted one farthing frown the Tenantry on the estates in
    on Scharge for drawing warrants of Attorney or bonds, and that
    ‘not more than four-or five judgments had been entered up on those
    y. “by -him---and of that number he believed two had been
    “entered up, in his absenee from the Colony. He entertained no
    ddoubt thatthe Assembly would agree to strike out this part of
    ‘the. resolutions, for it only tended to weaken’ a good cause; when
    ssertions were made which could novbe borne out by.proof, and
    With this alteration, he hoped the Committee would unanimously
    Agree to them; and report to the House in favour of acceding to
    Ae request of the Assembiy, .1o join with them in the address to

    ridiculous to allude to ; it ha
    settling with the tenantry, he kept a pail
    That he had his pistols was quite true,
    was prokably also true;
    represented, on the tabl
    other part of the room,
    that could only be laug'

    upon agitation ;

    otherwise, and a J
    beneficial both to tand
    accede to the requests
    aware, it would not satl
    agitation, Had they
    Id have passed .th
    ld be taken; not:that the
    t to beth parties wo
    ave been rejecte ;
    The majority of
    tin dissipating
    d raised, and if their
    n, have accomp

    neir game was to keep
    he other House,
    he price at which
    ld have thought that
    ald have been assented to,
    din that shape, and there-
    ihe present House
    the delusive hopes
    t were granted,
    hed more good for the
    deluded them had done
    e was, however, one

    to deal, against him,
    wards them were most hostile.
    : if he had, he would not so often go among them ; he had a
    civility and, respect. The people
    Depart qoutes tebe making a public explanation of the conduct he has pursued,

    3lin his capacity of land agent; conduct’ which, in my opinion,

    on by these impostors, who were to .
    hei. the debt which now troubled | most clearly refutes all the calumnies that have been uttered

    1d not have existed, and any real evil would long since have
    But in all countries, bad men might be
    uld tempt to commit ‘crime. To protect
    and for this ‘alone, like every traveller, he | $'

    always been treated by them with
    were, in general, as honest and we’
    found in any country, an
    and had they not been imposed
    free land but had not

    any thing so unjus
    but because it would bh
    fore answered their purpose
    had shewn. themse
    thet former houses hai
    they would, in one sessio.
    tenaniry of this Island than
    or ever, would hav
    the Resolutions, w
    were materially increased by b
    this statement was untrue.
    13 standing for ren
    t it be struck out ;
    observations on. asu
    a Committee 0
    Attorney General,
    d unconstitutional

    ler Majesty for ber gracious mediation with the Proprietors.on

    been remedied.
    the prospect of plunder wo
    himself from such as these,

    Two young men, in whose house he was a guest, had,
    med, been examined in the other House,
    on the table, without saying wh

    jt be believed that they were on the table at which he sat. | Myseé
    that any savage in the wilderness, if he re-|bolding a seat at this honourable. Board, did I not now say, that

    The SOLICITOR GENERAL rising, said that after the kind
    ‘sand handsome manner rin whieh he had been alluded to by his
    _ vhonorable and learned friend, the Attorney General, he could not
    stemain longer silent; but the subject they were:upon, «t the State
    _ @f the Colony,” was one of such importance, that it claimed his
    vation before any thing of a personal nature. The very name
    ef the Committee—a Committee on the State of the Colony—
    ~-Raturally led them fo take a retrospective view of the political
    events of the’last few years ; and indeed, it was no pleasing re-
    _,, Mospect which they had to contemplate. They beheld a Jarge
    Portion of the people, the dupes of a few artful, designing and
    4 ling men, who, to serve their own base ends, had endeavored

    effected Ther

    hich stated th
    {gments to secure the
    not think there were
    twenty jndgmen d role Island, and he
    ishould move tha and in doing S°,
    Jed him to make some
    himself,—on a cer

    All he would say was,

    ceived a man into his tent, would not be gui

    y as to endeavor to give an appearance of criminality to Lam convinced he is guiltless of the charges of cruelty oppression
    fhis guest, which he knew to

    tain proceeding of
    d learned friend, the
    ‘a most arbiwary an!

    had righily designated as

    It was well known that a Committee of the other |The committee to which he alluded, after sitting for two or three
    ) 1 com.) was composed of the agi-| weeks, after sending for witnessses from the East and from the
    tating band to which he had alluded, had: sat for the Jast two or West, the North and the South, after conducting all their examina-
    three weeks, for the purpose of accusing and convicting him ; it, tions behind his back, were unable to find a peg on which to hang a
    was necessary for these gentry to screen themselves, by alleging | charge ; but even then, their majority had not the honesty to say: 0,
    some plausible pretext for the seditious. movement which. they | but virtually rose without reporting. After sending abroad the calum-
    had set a-goinginthe country. The grossest falsehoods, coupled | nies they had uttered against him, they wished to smother the fact
    with the most absurd charges, bad been freely Jaunched against that they had not told the truth ; but the House could not be a party
    him by certain members of the other House, and bruiied abroad to such an iniquitous proceeding, and instead of the majority of the
    through the press, as reports of their speeches, for that express
    purpose, of injuring his reputation and blasting his character.
    He had been held up as a man of the most heartless cruelty —as
    a grinding avaricious man—who, for the purpose of putting fees
    in his own pocket, had taken bonds and warrants from the ten-
    dgment and saddled them with enormous
    He had read the reports of their
    ed the wide-spreading calumnies by
    dto overwhelm him, and yet he had
    ) great a contempt for those from
    i the truth, he felt very little

    Committee, procuring, as they had hoped, a censure upon him, like
    those who fell into a pit of their own digging, they actually got cen-
    sured themselves. The House censured the Committee, and said
    that from the evidence, there was no ground for their interference;
    even the court of the much dreaded inquisitor did not judge or hear
    witnesses behind the backs of the accused. Let it be remembered,
    that in the inquisitorial! committee which had sat in secret judgment
    upon him every thing was done behind his back, and no witnesses
    were called, save those who, it was hoped, would bring an accusing
    voice ; and though goaded on by personal malignity and the necessity
    of fixing some charge’ ugon him to screen their own sedition, they
    could not even pass a cenSure. He had very large estates under his

    many hundreds he had to deal with, but that some might feel themselves

    beyond their duty and jurisdiction, in attempting to assume the right.

    had bad | lowered, than by permitting itself to be made the vehicle of private
    calumny or the enquirer into alleged private delinquency? It was
    the arbitrary assumption of a most inquisitorial right which ought to
    be put down. He had said, he hoped the proprietors would consent
    to the request contained in’ the resolutions. The only thing wiih be
    feared would prevent this was the disturbances and inflammatory reso-
    a which had taken get and have been passed in the Country.
    Spray : ere the people so foolish as to suppose that they would grant to fi

    which induced him to do or caeatisiion that which they ead not aime oon a poasteon

    tend so much to prevent concessions being made, as the course which

    they must give him their | any thing terding to their good being done. Therefore the moment

    occupy the time of your honors further, than to state, that I fully

    conduet, on the present occasion, does equal credit to his heart
    and understanding. It must be perfectly clear to every unpreju-
    diced mind, after the very full and satisfactory explanation of
    the Solicior General, that all the charges which have been so
    industrionsly cireulated to his injury, as a land Agent, are false
    and unfounded; and we have further presumptive evidence from
    the silence observed by the select Committee of the House of
    Assembly, appointed to enquire into his conduct---the proceedings
    of which Committee may, with propriety, be denounced as

    I trust that messures will be adopted to prevent the recurrence

    An action of ejectment was | pating the feelings he has so justly expressed, and I trast your

    Vtained. He was offered his lease again, | honors will excuse my leaving the Chair, that I may state to you
    ut he would not, and in 1841, the Sheriff jhe sentiments I ciediale upon this painful subject. 1 find it
    yn. Haney had no place to go to; and a} indeed, difficult to express all the contempt J feel for the utterers
    man by the name of Maeguire, the Woodranger, to whom the Sheriff and propagators of the slanders which have been so industri-
    e pidge na allowed him 3 $°| ously spread abroad with respect 10 His Honor the Solicitor
    = en + sag So oe . General, There is no language befitting this place which can too
    e e would not, neither did he quit. | trongiy express the detestation which I conceive to be due to
    In the Summer of 1842, an action was commenced against him for the the authors of such calumnies Happily, as.is often the case
    a r OK ‘ , ss
    als 208, pees ayia Ronge She Fe (ihe the eagerness of malevolence has only hastened its own defeat
    hy’ poodd ag ts hands of tHe’ Wher « aid confusion. His honor has cause to thank his enemies for
    § 3| the course they thought fit to take in this matter; for certainly

    th ecessary with hi i :
    aah y im, he) \ result must be received as a complete acquittal and absolu-

    tation. I rejoice, and every friend of justice ought and will rejoice,
    in this termination to so strange a proceeding, Not that I believe
    his honor permitted these unjust aspersions to disturb the compo-
    sure of his mind, but the calmness an equanimity of his
    If he did, many | demeanor under them had its proper effect in rendering them
    comparatively harmless. “Such conduct we cannot but admire.
    And it is ever thus—integrity has always sufficient sustainment

    tenantry, with whom be had open, candid and impressive, and has been delivered in sucha
    io\ bad: nev RpprctenenD myfmind, and must carry conviction to the heart of every
    one who has heard him. IT must congratulate him, Sir, upon the
    opportunity that has thus unexpectedly been’ afforded him, of

    against him. I confess, Sir, thatI, too, have heard these false-
    found, whom hoods reiterated over and over again, not only in n -profession-

    ; al eapacity as a lawyer, but also in the capacity of a private
    entleman, of this community, and although 1 did not believe the

    whole of them, yet they had the effect of making certain impres-
    and said they | sions upon my mind against the learned Solicitor General. Al-

    at table. They bad, in fact, tried though he and I differ widely in our politics, yet I would deem

    myself unworthy of the name of a man, and utterly unworthy of

    \ty of such a breach of | these impressions are fully eradicated from my besom, and that

    be harmless and innocent.!and tyranny, that have been alleged against him. I think, Sir,

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About
Title
Colonial Herald -- 1843-05-06 -- Page 1
Date Issued
1843-05-06
Language
English
Type
Text
Genre
Extent
1 page
Rights
This material has been made available for research, education, and private use only. Publication, distribution or commercial use of the material requires permission from the copyright holder.
Digitization Agency
Robertson Library, UPEI
Reel Number
none
Reel Sequence Number
col-her-0483-right
Page Number
1
Physical Location
Robertson Library, UPEI