Edited Text
»
-vour tosmother Escheat but, who can deny, that.we are not
entitled to a Court of that nature? the opponents of, this, who
act in opposition to the Constitution, coupled with the -Proprie-
tors. 1am, said the hon member, tired of Escheat, but to say
that 1 will give it up, till something approaching toil, as an
equivalent, is consented to, I never will; though hon, members
call us by names we dou not merit, yet for one [ will not swerve.
from what I consider the right course; we are forsooth to be
designated bad members of society, aud propagators of injury to
the oppressed people ; some hon. members complain, that they
cannot understand the resolution, that it is contrary to the Con-
stitution, Ă©e. &e Butsin his (Me Macintoshâs) opinion, until
the constiiution is more extended to us, in this particular, we
have just. cause of complaint; and, the longer justice is withbeld,
the more strenuous we ought to be ia demanding its administra-
tion ; (hear, hear, from Mr. Douse). Mr. Macintosh continued.
a great deal 6f personality is launched against those who adyo-
cate the rights of the tenantry, but taking into consideration the
quarter from which it emanates, it is nothing very surprising ;
Teannot help hearing it, bat farther than this it makes no im-
âpression ; the path hitherto trod shall T continue to tread, tii a
-*remeily is devised for the grievances of the Colony, or I should
consider myself a bad subject. ÂŁ
Mr. Douse said, that having so often declared his sentiments
heretofore in this House, he had but little to add, therefore would
not long detain the Honse.
The resolution now submitted,
though fresh clothed, canuot be disguised; it is to all intents and
_ purposes Escheat, which has over and over again been tried, in-
*
âvariably condemned, and ia the most positive terms discounte
nanced by the Home Government. The hon. member well knows,
in short, admits, that his motion will not be carried. But, Sir, it
may not suit that hon. member's feelings to let the matter rest ;
if be did, there would be av end to his career, and he might at
once become politically dead. The hon. member bad taken
credit to himself, as being the originator ofa plan now entertained
in some parts of the Island, relative to purchasing of Lands froin
the proprietors; yet would he, Mr. Douse, venture to state, that it
originated with himself, and was mooted by him in this House years
since, when he was but a young member; and he was stil! of opi-
nion, if fair offers were made, and the means found for its accom-
plishinent, that the prorietors would willingly accept them.
Thus, said the hon. member, I am still favourably disposed to
view it in a far different light toany of those mystified scheines
âso everlastingly introduced by the hon. member, and his com-
pany of agitators. (Name, name, name! from Mr. Rae). f feel
no delicacy to name them, said the hon. member; they are no less
personages than the hon. member and his friends. The Louse
had heard many Despatches read from Colonial Secretaries, and
ânuch said about foreign Protestants, the non-settlement of the
land, and its consequent liability to forfeiture, Resolutions had
also been read from the Journals of the House, to suit a particular
purpose; but the hon. member had never quoted his own dis-
match, which he, Mr. Douse, now held in his hand (addressed to
Ir. John Le Lacheur, dated Sept. 14th, 1837) which was as fol-
lows :â* A compromise with the Landlords 13 offered by the
â Governor, viz: Arelease from ail back rents, a long lease, a
deduction of half the rent, and the half of the present rent to
âbe taken in produce. This offer being made, they cannot re-
- tract: We have therefore gained a victory worth about ÂŁ257,000
to the Colony, which will appear by the following srate-
© ment:â Back rent, one Township with another, may be reckon-
ed at ÂŁ1000 each, ÂŁ67,000 ; the rent in 1333 was from 15 to
4 ÂŁ16,000, and up to this time, cannot be short of ÂŁ29,090 ; to be
â© reduced one half, and that balfto be taken in produce, will be
âequal to ÂŁ12,000, out of ÂŁ20,000; this ÂŁ12,000 being reckoned
as interest, at six per cent. gives a capital of ÂŁ200,000. âThere
* « fore, there is a victory, clearing £267,000, gained to the inhabi-
âtants, and cannot be lost or retaken by the enemy.â
Does this, resumed the hon. member, Jook like a scarcity of
population? he thought uot. He would not impute ignorance to
the writer, but would modify the term to an error of judgment.
The hon Speaker had so ably argued the matter now before the
House, that but little was left to be said by other hon. Members
and therefore he (Mr. Douse) would not take up the time of thee
House unnecessarily; yet be trasted its good sense, would reject
the original motion which, in addition to the admission of the
hon. member, is also declared by another hon. Member, Mr. Rae,
âthat no expectationâ is felt by him of any other result. The
motive then is very cicarly demonstrated, to be solely to keep up
agitation; but it is useless, condemnation is gone forth : and
very soon did he, Mr. Douse, hope to see the last dying speech
and confession of Escheat ; and then the great Mr. Cooperâthe
notorious Mr. Cooper's politics, will be at a very large dis-
count in Prinee Edward rehund. Nothing, said the hon. member
âcan be more true than the remark of the hon. Speaker ralative
âtothe idleness and wantof knowledge in farming operations
âevinced by many who are londest in their complaints. Look at
âCrapaud and its neighbourhood; see the good effect of industry
and Yorkshire farming; compare these with those who spend
âtheir time.in dissipation, who, with their short pipes, attend po-
Jitical Meetings, and smoke away their prosperity in a useless
Pwaste âOftime; look at this abd on that, said the hon. member,
ainany hundreds of families have been ruined by the advice ef |
\ those wii agitate Escheat, and thus he sincerely hoped, never
again to see another resolution, (tlfat bad for its object Uscheat),
âbrought under the notice of this House. :
Mr. Monrcomery said, there was no denying that the hon.
-aember who had just resumed his seat, was unsparing in his
: g
âattack on the hon. member; Mr. Cooper ; yet it is not all true 5
âfor even if he was dead aud buried, still would the question of
Escheat again and again be agitated, (â1il! our Assembly is swept
from us,â said the hon. Mr. Palmer). Mr. Monigomery | resumed:
That something must be done, Sir, L am fully âpersunded 3; yetl
Jike not either the Resolution or the amendment. Hon. mem-
*bers who say Escheat is visionary, and be knew not what beside,
Som y*pick out those despatches, &e. that suit their purpose, but
âdose sight of those that do not. The hon. member, Mr. Coles,
: pars
-and the hon. the Speaker, both contend that some remedy must be |
- devised, and that no further delay must take place ; but how is |
âUltis to be accomplished? every exertion by us is frustrated. And
âanother great obstacle presents itself, in the expenditure cf the
âcountry exceeding the income. Let it be settled by giving the
âand free of rent, (hear). [do not say, or mean, that âthey should
have it for nothing, but let justice be done, let the upset price of
Crown Lands be assimilated to other Colonies. Why, said the
hon. member, should we be deprived of fair play? Is it not well
known who are the causes of this high rate? Yes, Sir, it is known
âto be caused by the overpowering influence of the proprietors.
âAs there was no prospect that the motion would be carried, he
must oppose it. He doubted as to the despatches containing the
real sentiments of Her Majestyâs Government; and thought, if
âsome hon. members were tenants themselves they wouldâ be
>more merciful in speaking of others. 5:
' Mr. Datztev could not refrain from expressing his former
opinions; that jystice to âthis Colony was most unreasonably de-
âlayed, no one could deny. Had this been administered, how far
different would now be the prospects and situation of the Colony.
Aad the lands been Escheated, he, Mr. Dalziel, verily âbelieved
the present distress would not exist. âThe plan of purchasing the
lands of the proprictorg, by the settlers, should have his support
âwas it not for the great obstacle that presents itself; that is how
âean they pay for it? [tis not only the leaseholders that. cannot
» pay theirrent, who are in distress, but he, Mr. Dalzie!, knew tree-
âholders who, of course, had none to pay, that now felt the pineh-
ing influence of the times. -I am, said the hon. member, as anx-
âious as any hon. member can possibly be, to see peace but iow
ean this desirable object be expected to prevail, while the hard
âwork of the tenantry remains unrequited, accompanied with the
certainty, that the agents will exact the rent, though their whole
âmay be swept away for that purpose? {tis very eyident to eve-
ry discerning mind, that nothing can be expected from our ap-
âplications to the Home.Government. A fate despatch is more
âand more conclusive. Her Majesty even refused to mediate be-
tween the oppressed tenantry and the proprietors. What then
âean be done, is a question that demands our most serious and
veareful deliberation. He did not approve of either the motion
or the amendment.
The hon. Mr. Patuer admitted the scheme of purchasing
would be far preferable to either the one or the other, if it were
âpracticable 3 but we must not expect to drag the proprietors into
it without proposing fair conditions. Similar attempts ought to
âconvince the most prejudiced mind that it is unattainable in any
other way. The Imperial Government have stated they have
âno funds ; and how are the tenants to do it, many of whom do
âNot see a shilling from one end of the year tothe other? Ifit
could possibly be done, no one would be more strenuous to carry
âout the details than would be he who was now addressing the
louse. Nor doT, said he (Mr. P.), require to be told that the
prosperity of the agricultural interest is a desirable end to be ob-
âtained, Who can doubt the sincerity of my motives, while its
âbeneficial influence would, in some degree, fall on myself? Yet
are _we only holding out false hopes, and deceiving ourselves,
while this large mountain intervenes. Iam in very litte doubt
âthat what the hon. member (Mr. Dalziel) stated, that the dis-
tress now existing is conjointly felt both by the leaseholder and
freeholder is a fact; and ifany possible remedy was introduced
none should be found more unflinching in the endeavour to see
it carried out than he (Mr. Palmer) would be. The hon. mem-
ber for Princetown (Mr. Montgomery) seems doubtful as to the
âsentiments of Her Majesty's Goyernment, as contained in the
correspondence between that and this Government, at the pre-
cause .can be .adduced to
are not as equally pure now
sent time. Yet what existing
sustain the opinion that they
as were those in the time of Lord John Russe? Sup-
posing, for the sake of elucidating the matter, that» we
gravely consider a -Court of Escheat as now existing.
is there any Township that would
Enquiry must take place.
d 2 Oris there one thatawould
not endeavour to keep aloof from it
not succeed, if the terms were strictly followed;fit would be found
they had been as far as practicable complied with? No benefit
whatever avould . those complaining derive fiom its workings.
Thousands of then would get no relief. Is 1t not a amatter of re-
gret that an end is not put to this everlnsting and useless agita-
tion? Let its merits and demerits be fairly tried this day; let
those who have so !ong been deceived, be undeceived ; let us
give an impulse to trade; let this be the verdict, then will its be-
nefits he felt from one end of the Island to the other, and the
people will then see that we are in reality their true represeuta-
tives, and at length endeavouring to do some real and lasting »e-
nefit forthem. [ trust that twenty days will not expire before
some measure of importance of this nature will be brought for-
ward. Of what earthly use is itin the hon. meaber for Kingâs
County following his old course, when every attempt still meets
with less favonrable views here, and also by Her Majestyâs Go-
vernment? The natural combination of the preprietors will
thwart every attempt to interfere with their rights. It is sat by
some hon. members that agitation will stilLeontinae. -Yes, Sir,
Lam fearful it will, until we lose our House, and,.of course, with
it, the privilege we are now exerci-ing3 and, Sir, Tam fearful
the day is not far off. (f hope not, said Mr. Cooper.) What is
this little spotâthis mere speck ? Will not the government thus
reason with themselves. Why shenld we be pesiered with such
a set of paltry fellows? Ttis highly probable that this may bap-
pen to us. Look at what took place in Newfoundtind, and if
we thus goon, three years may not elapse ere we become in a
similar sination. (1 hope it will not! { hope it wil net! again
ejaculated Mr. Cooper.) T hope, âeontinued the bon. member,
lthat the substance of the hon. memberâs intention will go forth
tothe public. âPhe proprietors would not care about it, or that
of annexation to Nova Scotia. The rights of property form a
prominent portion of the constitution, and in either case, will be
protected. Let hon. members well weigh the consequences that
nity happen to us, if we do not this night, by our votes, declare
our abhorrence of such flimsy stuff as we are now wasting our
time npon; and which onght to be beneficially employed in le-
gislating for the good of the whole Colony.
( To be continued.)
Satrurpay, February 24.
Mr. Rae, from the Committee appointed to search the
Journals of the Legislative Council, on the subject of Fees
on Mandamuses, reported, that they had found the following
entries ;
(CopyâNo. 70.)
Government House, P. §. fsland,
Feb. 11, 1843.
My Lord;
[have the honor to lay before your Lordship two letters
respectively addressed to me by Mr. Hensley and Mr. Irving,
representing that they feel the payment of the fee charged
upon the Warrants appointing then to Seats in the Legisla-
tive Council to be a hardship, under the present circunistan-
ces of this Colony.
âThis subject has, lam aware, already been before Her
Majestyâs Government, in the case of Mr. Green, who was
appointed in 1839, but who, upon declining payment of the
fee, did not take bis seat. Upon another occasion, a seat was
declined by Mr. Macgowan, now Sheriff of Kingâs County,
also on account of that payment being necessary. Of the
twelve members forming the Legislative Council, seven of
them live at distances varying from five to forty miles from
Charlottetown. None of these Gentlemen have residences
in the town, nor are they paid for attendance during the
Session, as the Members of the Assembly are. It is neces-
sary to select Gentlemen from different parts of the Island
for this Council, or a dissatisfaction would be created in ac-
cepting seats. Leannot imagine them to be actuated by any
feeling beyond serving the Colony.
It is very important here so to construct the Legislative
Council, that it shall operate to neutralize, or, at least, to mo-
dify, the wild and destructive spirit that of late years has so
much prevailed in another direction of the Legislature of
this Island, and at the same time to compese that Council of
men who, while they are firm in the prosecution of'some
measures, will not captious!y overrule those emanating, from
a Body from whose policy, upon some great questions, they
dissent.
Tcannot conceal from your Lordship that the Executive
is subjected to much inconvenience, in consequence of this
charge upon Warrants, appointing Gentlemen to the Legis-
lative Council, there being avery limited number in the
island qnalified by their attainments, and still fewer of those
who are who can afford with ease to pay the charge. It
therefore bas oceurred that the Colony has been deprived of
the services of some very intelligent men; that I have to
fear will be the result in the cases of Mr. Hensley and Mr.
irving. ifthe fee cannot be remitted, both, | apprehend,
will resign, and the Council will lose two decidedly superior
members, whose vacancies I shall be at a loss to fill.
1 have felt it my duty to detail these circumstances, for your
Lordshipâs information, to which f may also add, that where
the gentleman who is appointed to the Legislative Council
is engaged in business, and not residing in Charlottetown,
|
some person to superintend during his absence.
Ihave troubled your Lordship at some length upon this
subject, because it appears to threaten the necessity of se-
lecting for the Legislative Council men who would be too
|the Government, and thus destroy the wholesome balance
(of power contemplated by the Constitution of the two
Houses.
Lhave, &c.,
H. V. HUNTLEY,
Lt. Governor.
(Signed)
The Right Honorable,
Lord Stanley, &c. &c. &e.
(CopyâNo. 67.)
Sir;
1 have to acknowledge the receipt of your Despatch, of the
llth of February, enclosing copies of two letters which have
been addressed to yon by Mr. Hensley and Mr. Irving, ex-
pressing their objections to the payment of the fee required
upon their Warrants of appointment to the Legislative
Council. =
You will inform those Gentlemen that I do not think that
there is sufficient ground for remitting, in their favour, the
| customary fees on appointments to the Council.
Thave, &c.,
STANLEY,
Downing Street, 20th March, 1843.
Signed
Lieut. Governor ened)
Sir H. V. Huntley,
&c. &e. &c.
â_ââ
Monpay, February 26, :
_ His Excellency the Lieutenant Goverizor havirg attended
in the Council Chamber, commanded the immediate atten-
dance of the House of Assembly: and the House having at-
tended accordingly, His Excellency was pleased, in Her Ma-
Jestyâs name, to give his asssent to the Act to repeal certain
Acts therein mentioned, and to consolidate and amend the
Laws for the relief of Insolvent Debtors. â $s
Mr. Speaker, by command of His Excellency the Lieut.
Governor, Jaid before the House two Despatches from Her
wren 3 ssa tena of State tor the Colonies, on the subject
of Differential Duties, imposed by the Revenue Acts of this
Island,âLaid on the Table. ' cid
~ Read a third time and passed, th i i
i s the Bill for the regulation
of the Public Wharf in Georgetown. Asesh
Resolved, That a Committee of five Members be appoint-
ed, to report generally on the subject of the Crown Lands in
this Colony.
Ordered. That Mv. Thornton, Mr. Rae, Mr. D. Maclean,
Mr. Coles and Mr. Longworth do compose the sail Com-
mittee.
Resolved, That a Message be sent to His Excellency the
Lieut. Governor, requesting that he will be pleased to lay
ibefore this House the Returns made by Mr. Ball, Surveyor,
he actually suffers a loss from the necessity of employing
jintimately connected with those forming another branch of
relative to the exploring .of Townships Nos. 30, 65, 67, and a |
small part of Lot 32, forJaying offa new line of Road under
the Road Compensation Act, from the West side of York
River Bridge towards Tryon and Bedeque.
Ordered, That Mr. Douse and.the Hon. J. 8. Macdonald
do compose the said Comuiittee.
Tuespay, February 27.
Mr. Rae read, in his place, a Petition of divers Inhabitants
of Townships 14,15, and places adjacent, praying fora
grant, in aid of individual subscription, towards the erection
and construction of a Bridge and Wharf on Township 15.
Ordered, That under the peculiar circumstances of the
case, the said Petition be received and read.
And the said Petition was received and read accordingly.
Mr. Rae moved that the said Petition be referred to the
Committee of Supply.
The Hon. J.S. Maedonnld moved, in amendment to the
motion, that the said Petition do lie on the Table.
The Hovse divided on the motion of amendment:
YrasâHon, J. S. Macdonald, Hon. Mr. Patmer, Messrs.
Thornton, Montgomery, Longworth, Dalziel, A. Maclean,
Wightman, Hudson, Beairsto, Macgregor, Aitken.
i
NaysâMessrs, Rae, Cooper, D. Maclean, Dingwell, Fraser.
So it was carried in the affirmativeâand ordered accord-
ingly.
Resolved, Thata Committee be appointed, te join a Com-
mittee of the Legislative Council, to prepare an Address to
Her Majesty, on the subject of the Act to authorize the is-
sue, de novo, of Writs under the Road Compensation Acts,
in certain cases, and to which the Royal Assent has been
withheld.
Ordered, âThat Mr. Rae, Mr. Montgomery, Mr. A. Maclean,
Mr. D. Maclean and the Hon. Mr. Palmer do compose the
said Committee.
Ordered, "Phat the Hon. Mr. Palmer have leave to intro-
|dueea Bill to amend the Statute Labour Act, by reducing
| certain of the Rates, as far as relates to Charlottetown and
â Royalty. ;
fie accordingly presented the said Bill to the House, and
the same was received and read for the first time.âSecond
reading to-:orrow.
The Order of the Day for the second reading of the Bill
for the naturalization of Jolin Broderus Kdinger Tybring,
being read ;
Mr. Fraser acquainted the House, that the Rules of this
'House with reference to Private Bills had been complied
with in this instance.
And then the said Bill was read aâ second time, committed,
âCommittee .of the House of Assembly, to prepare an
âdress to Her Majesty, on the subject of the Act to
and reported, without any amendment.
Resolved, âThat no new matter, on which.a Bill can be
founded, be introduced into this House after Wednesday, the
6th March next.
The Hon. Mr. Palmer, by command of His Excellency the
Lieut. Governor, laid before the House the Estimates for
the service of the current year.
Mr. Thornton, from the Committee appointed to wait up-
on His Excellency the Lieut. Governor, with the Address,
praving that His Excellency would authorize the Commis-
sioners of Roads to enter into the several contracts for
Wharves and Bridges before the breaking up of the Winter,
reported to the House that their Address had been present-
ed to His Excellency. and that he was pleasel to say, he
would comply with the desire of the House.
Wepnespay, February 28.
Resolved, That a Committee be appointed, to search the
Journals of the Legislative Council, to ascertain what pro-
ceedings have been had on the Bill to. authorize and regu-
late the gathering of Seaweed on the Shores of this Island.
Ordered, That Mv. Beairsto and Mr. Cooper do compose
the said Committee ; who, returning, reported, that they had
found the following entry :â
Leeisiative Councin CHAMBER,
Tuesday, 27th February, 1844.
Present:
The Hon. Mr. Altorney General, President ;
The Hon. Mr. Brecken, The Hon Mr. Young,
Mr. Macdonald, Mr. Irving,
Mr. Dalrymple, Mr. Worthy,
Mr. Macnutt, Mr. Anderson,
Mr. Boll, Mr. Rice.
The Order of the Day, for the second reading of the
Bill intituled An Act to authorize and regulate the ga-
thering of Seaweed on the Shores of this Island, being
read ;
On motion, Ordered, That it be discharged, and that
the said Bill be read a second time this day Six Months.
DissentTienT :
Mr. Young.
The Bill to alter the Act relating to Statute Labour, was,
according to order, read a second time, committed, and re-
ported without amendmentâto be engrossed.
Ordered, That the Rule of this House with reference to
the presentation of Petitions for Private Bills, be suspended,
and thereuponâ
Ordered, That the Hon. Mr. Palmer have leave to present
George Hammond Whalley, of the Temple, in the City of
London, Esquire ; Edward Irving, of Fenchurch Buildings,
in the said City of London, Esquire ; and Richard Rennie,
Villiers Street, Strand, in the County of Middlesex, Esquire.
and others, and the said Petition was received and read ;
setting forth--That Petitioners, in conjunction with other
persons resident in Great Britain, have entered into a Co-
partnership, with a capital of One hundred thousand Pounds
sterling, for the purpose of carrying on the Fisheries on the
coasts of this Island: That Petitioners humbly conceive that
the establishment of a Fishing Company in this Island will
be highly beneficial to the Inhabitants thereofâand more
especially to the agricultural part of the community, inas-
much as it will afford them a ready-money market for their
farm produce, which they cannot at present command:
That Petitioners cannot carry into effect such intended es-
tablishment in this Island, unless an Act be passed, to ena-
ble them to sue and be sued in the name or names of one or
more of the local Agents or directors of the said Company,
and to limit their responsibility to the amount of their res-
pective shares: That Petitioners, knowing the unwilling-
ness of capitalists to invest in an undertaking of this deserip-
tion without an act to limit their responsibility, trust that the
House of Assembly will be found willing to grant the boon
required: âThat Petitioners, on obtaining an Act of Incor-
poration, purpose petitioning the Imperial Parliament for a
Royal Charter, similar to that granted to the Fishing Com-
pany of Gaspe, in Lower Canada: and praying the House
to take the premises into their consideration, and to pass an
Act for the purposes aforesaid.âLaid on the âTable,
Ordered, That the Hon. Mr. Palmer have leave to intro-
duce a Bill to incorporate George Hammond Whalley, of
the âTemple, in the City of London, Esquire ; Edwardâ Ir-
ving, of Fenchurch Buildings, in the said City of London
Esquire; Richard Rennie, Villiers Street, Strand, in the
County of Middlesex, Esquire, and others, for carrying on the
Fishery in the Gulf of Saint Lawrence, Northumberland
Sound, and on the coasts and other places adjacent to Prince
Edward Island,
lie accordingly presented the said Bill to the House; and
the same was received and read for the first time.âReferred
to the Private Bill Comunittee, to examine the same and report
thereon.
Read a third time and passed, the Bill to consolidate
amend and continue the Acts relating to Merchant Seamen.
The following Message was received from the Legislative
Council, by Mr. Desbrisay : Ă©
Mr. Speaker,
The Legislative Council have passed. the following Bills
to which they desire the concurrence of the House of As-
sembly, viz:
An Act further to continue an Act made and_ passed in
the Fourth year of Her present Majestyâs Reign, intituled
âAn Act to continue and amend an Act made and passed
in the Seventh year of the Reign of His late Majesty King
William the Fourth, intituled âAn Act to establish an addi-
eS I
tional Term of the Supreme Court, and to extend .
and Trinity âTerms for ng ta County.â ; _ Hilary
An Act to authorize Justices of the Peace to. Es
Clerks. Appoint
And alsoâ ;
- â*Souncin Cuamper,
âTuesday, 27th February, | Y i
âResolved, That a Committee be appointed, to join the
n âAd-
the issue, de novo, of Writs under the Road Coma ati
Acts, in certain cases, and to which the : Royal Assent hag.
been withheld. eee
âOrdered, That the Hon. Mr. Macnutt, the Hon. M
and the Hon. Mr. Young be a Committee, on the part
House, to prepare the said Address. Aine
âOrdered, That the said Resolutien be communâ
message, to the House of Assembly?
And then he withdrew.
The above âBills were severally read the first time,
ordered to be read a second time.to-morrow. :
PTaorspay, February 29. y
The Honse went into Cominittee, on the considay
the Report of the Special Committee appointed to
and report on the Public Accounts, Mr. Longworth
Chair. a
After some time spent therein, the Chairman re
progress, and moved for leave to sit again. â
Ordered, That the said Committee have
on Saturday next. ,
Mr. D. Macdonald, from the Committee to .
referred divers Petitions relating to the Herring and
wivesâ Fisheries, with leave to report thereon by
otherwise, presented to the House a Bill, as prepared by
Committee; and the same was received and read
time. ey,
Ordered, That the said Bil
morrow.
The House then resolved itself into a Committee of
whole House, to consider further of a Supply.âMr. Beai
in the Chair. eae
After some time spent therein, the Chairman rep
that the Committee had come to several Resolutions, y
he was directed to submit to the House, whenever its!
he pleased to receive the same. Bein:
Ordered, That the Report of the Committee be re
to-morrow. sake
Read a third time, and passed, the Bill to naturali
Broderus Edinger âT'ybring.
Mr. Yeo, in his place, presented to the House a Reno
signed âIsaac Smith,â and addressed to him, on t 1
condition of the Government House and Public Far
Ordered, That the said Report do lie on the Table,
leave to
lbe read a second
Fray, March 1.
Mr. Beairsto, from the Committee of the whol
the censideration of Supply, reported, accordin
several Resolutions of the said Committee; v
agreed to by the House.
The Bill for the protection of the Herring an
âFisheries, was, according to order, read a second |
mitted, reported with an amendmentâto be engross
An engrossed Bill from the Council intituledâ
to authorise Justices of the Peace to appoint Cl
according to order, read a second tine, committe
mittee rose without reporting.
The House resolved itself into a Committee of tl
House, on the further consideration of the Bil
Schools and EducationâMr. Fraser in the chair,
After some time spent therein, Mr. Fraser
the Committe had gone through the Bill and a
amendments thereto; which amendments were ag
the House. To be engrossed.
Mr. Thornton, to whom was referred the Petiti
Logan, of Georgetown, Jailer, preseated to the
following Report :â
BY
BDO
of Hugh Logan, Jailer, in Georgetown, . y
indemnified for the amoant of a Debt whicl
Jailer was held liable for, in consequence of
of James Hawkins, a prisoner in said dail,
That Hugh Logan was appointed Jailer of K
ty in May, 1839, and on inspecting the Jail-yar
the same was found to be in an insecure state,
was reported by him to the Sheriff, The G id
the County, in March following, presented he|
Jail fence, and also in May, I841âon which last pre-
sentiment the Lieut. Governor Sir Charles A. Fitzâ
a Petition of the Hon, W. W. Irving, for and on behalf of
vrought the subject, by Message, to the no
House of Assembly, buat the House did not maki
provision for the repairs of the yard fence: Th
evening of the Sth June last, James Hawkins, 2]
for debt, made his escape, by pulling up ont
pickets of the fence, and in consequence of snch
the Jailer has been obliged to pay the sum of
Halifax currency.
The Committee, from the evidence produced, t
clined to think that the escape was made previou
usual hoars of locking up the prisoners for the
and consequently the Jailer is not blameable
score of over-indulgence or negligence in his duty
Committee find, that after the escape personal:
belonging to the prisoner was attached, and s0
a Statute Execution, and a portion of the procee
Pounds, remainsin the Sheriffâs hands, as belon,
Hagh Logan. There was also some Real Estate:
ed, the probable value of which is Ten Pound
will not be available before 1845; but both th
will most probably not exceed the costs of suit more,
Five Pounds. The Committee have to observe,
this information as to personal and real property, }
ed by Hugh Logan, is not contained in his Pet
That James Hawkins is now in Jail, having
ted by Logan for the escape, on his return to the
last Fall. :
The Committee, under all the circumstances,
recommend that, at present, the prayer of the „¹
be granted. : :
A motion being made, that the Report of the Oot
be agreed to, and adopted by the House ; :
oles, Cooper;
The House dividedâYeasâMessrs. C
Longworth, Yeo, Hudson, Fraser, Macintosh, Macg
Maclean, D. Macdonald, Dingwell, Beairsto.â13.
âMessrs. Thornton, Aitken, Wightman,
Hon. J. S. Macdonald, D. Maclean.â6.
So it was carried in the affirmative.
Saturpay, March 2.
Read a third time, and passed, the Bill to alter the
relating to Statute Labour. ;
A Petition of the Sheriffs of the different Counties in
Island was presented to the House by Mr. âThornton,
the same was received aud read; setting forthâthat b
Act, 7 Will. 4, cap. 15, it is made imperative on Fs]
selling real estate under execution, to make oath, that bt
cenveyed by deeds given by them of such Lands are
larly âappraisedâ in every respect as by Law dire
That the only mode of appraisement set forth by la
be found in the Statute of the 26th Geo. 3, cap 9, by
jt is directed that the appraisers shall be appoint
the owner, one by the purchaser, and one by the *
That such appraisement cannot be effected in st!
dance with said Statute, as the purchaser cannot
tained until fourteen days after appraisement, and
eee alteration of the law in that respect.âLa
âTable.
A Petition of divers Merchants, Meehanics, Farm
others, was presented to the House by the Hon. Mr.
setting forth, that in the opinion of some intelligent |
-vour tosmother Escheat but, who can deny, that.we are not
entitled to a Court of that nature? the opponents of, this, who
act in opposition to the Constitution, coupled with the -Proprie-
tors. 1am, said the hon member, tired of Escheat, but to say
that 1 will give it up, till something approaching toil, as an
equivalent, is consented to, I never will; though hon, members
call us by names we dou not merit, yet for one [ will not swerve.
from what I consider the right course; we are forsooth to be
designated bad members of society, aud propagators of injury to
the oppressed people ; some hon. members complain, that they
cannot understand the resolution, that it is contrary to the Con-
stitution, Ă©e. &e Butsin his (Me Macintoshâs) opinion, until
the constiiution is more extended to us, in this particular, we
have just. cause of complaint; and, the longer justice is withbeld,
the more strenuous we ought to be ia demanding its administra-
tion ; (hear, hear, from Mr. Douse). Mr. Macintosh continued.
a great deal 6f personality is launched against those who adyo-
cate the rights of the tenantry, but taking into consideration the
quarter from which it emanates, it is nothing very surprising ;
Teannot help hearing it, bat farther than this it makes no im-
âpression ; the path hitherto trod shall T continue to tread, tii a
-*remeily is devised for the grievances of the Colony, or I should
consider myself a bad subject. ÂŁ
Mr. Douse said, that having so often declared his sentiments
heretofore in this House, he had but little to add, therefore would
not long detain the Honse.
The resolution now submitted,
though fresh clothed, canuot be disguised; it is to all intents and
_ purposes Escheat, which has over and over again been tried, in-
*
âvariably condemned, and ia the most positive terms discounte
nanced by the Home Government. The hon. member well knows,
in short, admits, that his motion will not be carried. But, Sir, it
may not suit that hon. member's feelings to let the matter rest ;
if be did, there would be av end to his career, and he might at
once become politically dead. The hon. member bad taken
credit to himself, as being the originator ofa plan now entertained
in some parts of the Island, relative to purchasing of Lands froin
the proprietors; yet would he, Mr. Douse, venture to state, that it
originated with himself, and was mooted by him in this House years
since, when he was but a young member; and he was stil! of opi-
nion, if fair offers were made, and the means found for its accom-
plishinent, that the prorietors would willingly accept them.
Thus, said the hon. member, I am still favourably disposed to
view it in a far different light toany of those mystified scheines
âso everlastingly introduced by the hon. member, and his com-
pany of agitators. (Name, name, name! from Mr. Rae). f feel
no delicacy to name them, said the hon. member; they are no less
personages than the hon. member and his friends. The Louse
had heard many Despatches read from Colonial Secretaries, and
ânuch said about foreign Protestants, the non-settlement of the
land, and its consequent liability to forfeiture, Resolutions had
also been read from the Journals of the House, to suit a particular
purpose; but the hon. member had never quoted his own dis-
match, which he, Mr. Douse, now held in his hand (addressed to
Ir. John Le Lacheur, dated Sept. 14th, 1837) which was as fol-
lows :â* A compromise with the Landlords 13 offered by the
â Governor, viz: Arelease from ail back rents, a long lease, a
deduction of half the rent, and the half of the present rent to
âbe taken in produce. This offer being made, they cannot re-
- tract: We have therefore gained a victory worth about ÂŁ257,000
to the Colony, which will appear by the following srate-
© ment:â Back rent, one Township with another, may be reckon-
ed at ÂŁ1000 each, ÂŁ67,000 ; the rent in 1333 was from 15 to
4 ÂŁ16,000, and up to this time, cannot be short of ÂŁ29,090 ; to be
â© reduced one half, and that balfto be taken in produce, will be
âequal to ÂŁ12,000, out of ÂŁ20,000; this ÂŁ12,000 being reckoned
as interest, at six per cent. gives a capital of ÂŁ200,000. âThere
* « fore, there is a victory, clearing £267,000, gained to the inhabi-
âtants, and cannot be lost or retaken by the enemy.â
Does this, resumed the hon. member, Jook like a scarcity of
population? he thought uot. He would not impute ignorance to
the writer, but would modify the term to an error of judgment.
The hon Speaker had so ably argued the matter now before the
House, that but little was left to be said by other hon. Members
and therefore he (Mr. Douse) would not take up the time of thee
House unnecessarily; yet be trasted its good sense, would reject
the original motion which, in addition to the admission of the
hon. member, is also declared by another hon. Member, Mr. Rae,
âthat no expectationâ is felt by him of any other result. The
motive then is very cicarly demonstrated, to be solely to keep up
agitation; but it is useless, condemnation is gone forth : and
very soon did he, Mr. Douse, hope to see the last dying speech
and confession of Escheat ; and then the great Mr. Cooperâthe
notorious Mr. Cooper's politics, will be at a very large dis-
count in Prinee Edward rehund. Nothing, said the hon. member
âcan be more true than the remark of the hon. Speaker ralative
âtothe idleness and wantof knowledge in farming operations
âevinced by many who are londest in their complaints. Look at
âCrapaud and its neighbourhood; see the good effect of industry
and Yorkshire farming; compare these with those who spend
âtheir time.in dissipation, who, with their short pipes, attend po-
Jitical Meetings, and smoke away their prosperity in a useless
Pwaste âOftime; look at this abd on that, said the hon. member,
ainany hundreds of families have been ruined by the advice ef |
\ those wii agitate Escheat, and thus he sincerely hoped, never
again to see another resolution, (tlfat bad for its object Uscheat),
âbrought under the notice of this House. :
Mr. Monrcomery said, there was no denying that the hon.
-aember who had just resumed his seat, was unsparing in his
: g
âattack on the hon. member; Mr. Cooper ; yet it is not all true 5
âfor even if he was dead aud buried, still would the question of
Escheat again and again be agitated, (â1il! our Assembly is swept
from us,â said the hon. Mr. Palmer). Mr. Monigomery | resumed:
That something must be done, Sir, L am fully âpersunded 3; yetl
Jike not either the Resolution or the amendment. Hon. mem-
*bers who say Escheat is visionary, and be knew not what beside,
Som y*pick out those despatches, &e. that suit their purpose, but
âdose sight of those that do not. The hon. member, Mr. Coles,
: pars
-and the hon. the Speaker, both contend that some remedy must be |
- devised, and that no further delay must take place ; but how is |
âUltis to be accomplished? every exertion by us is frustrated. And
âanother great obstacle presents itself, in the expenditure cf the
âcountry exceeding the income. Let it be settled by giving the
âand free of rent, (hear). [do not say, or mean, that âthey should
have it for nothing, but let justice be done, let the upset price of
Crown Lands be assimilated to other Colonies. Why, said the
hon. member, should we be deprived of fair play? Is it not well
known who are the causes of this high rate? Yes, Sir, it is known
âto be caused by the overpowering influence of the proprietors.
âAs there was no prospect that the motion would be carried, he
must oppose it. He doubted as to the despatches containing the
real sentiments of Her Majestyâs Government; and thought, if
âsome hon. members were tenants themselves they wouldâ be
>more merciful in speaking of others. 5:
' Mr. Datztev could not refrain from expressing his former
opinions; that jystice to âthis Colony was most unreasonably de-
âlayed, no one could deny. Had this been administered, how far
different would now be the prospects and situation of the Colony.
Aad the lands been Escheated, he, Mr. Dalziel, verily âbelieved
the present distress would not exist. âThe plan of purchasing the
lands of the proprictorg, by the settlers, should have his support
âwas it not for the great obstacle that presents itself; that is how
âean they pay for it? [tis not only the leaseholders that. cannot
» pay theirrent, who are in distress, but he, Mr. Dalzie!, knew tree-
âholders who, of course, had none to pay, that now felt the pineh-
ing influence of the times. -I am, said the hon. member, as anx-
âious as any hon. member can possibly be, to see peace but iow
ean this desirable object be expected to prevail, while the hard
âwork of the tenantry remains unrequited, accompanied with the
certainty, that the agents will exact the rent, though their whole
âmay be swept away for that purpose? {tis very eyident to eve-
ry discerning mind, that nothing can be expected from our ap-
âplications to the Home.Government. A fate despatch is more
âand more conclusive. Her Majesty even refused to mediate be-
tween the oppressed tenantry and the proprietors. What then
âean be done, is a question that demands our most serious and
veareful deliberation. He did not approve of either the motion
or the amendment.
The hon. Mr. Patuer admitted the scheme of purchasing
would be far preferable to either the one or the other, if it were
âpracticable 3 but we must not expect to drag the proprietors into
it without proposing fair conditions. Similar attempts ought to
âconvince the most prejudiced mind that it is unattainable in any
other way. The Imperial Government have stated they have
âno funds ; and how are the tenants to do it, many of whom do
âNot see a shilling from one end of the year tothe other? Ifit
could possibly be done, no one would be more strenuous to carry
âout the details than would be he who was now addressing the
louse. Nor doT, said he (Mr. P.), require to be told that the
prosperity of the agricultural interest is a desirable end to be ob-
âtained, Who can doubt the sincerity of my motives, while its
âbeneficial influence would, in some degree, fall on myself? Yet
are _we only holding out false hopes, and deceiving ourselves,
while this large mountain intervenes. Iam in very litte doubt
âthat what the hon. member (Mr. Dalziel) stated, that the dis-
tress now existing is conjointly felt both by the leaseholder and
freeholder is a fact; and ifany possible remedy was introduced
none should be found more unflinching in the endeavour to see
it carried out than he (Mr. Palmer) would be. The hon. mem-
ber for Princetown (Mr. Montgomery) seems doubtful as to the
âsentiments of Her Majesty's Goyernment, as contained in the
correspondence between that and this Government, at the pre-
cause .can be .adduced to
are not as equally pure now
sent time. Yet what existing
sustain the opinion that they
as were those in the time of Lord John Russe? Sup-
posing, for the sake of elucidating the matter, that» we
gravely consider a -Court of Escheat as now existing.
is there any Township that would
Enquiry must take place.
d 2 Oris there one thatawould
not endeavour to keep aloof from it
not succeed, if the terms were strictly followed;fit would be found
they had been as far as practicable complied with? No benefit
whatever avould . those complaining derive fiom its workings.
Thousands of then would get no relief. Is 1t not a amatter of re-
gret that an end is not put to this everlnsting and useless agita-
tion? Let its merits and demerits be fairly tried this day; let
those who have so !ong been deceived, be undeceived ; let us
give an impulse to trade; let this be the verdict, then will its be-
nefits he felt from one end of the Island to the other, and the
people will then see that we are in reality their true represeuta-
tives, and at length endeavouring to do some real and lasting »e-
nefit forthem. [ trust that twenty days will not expire before
some measure of importance of this nature will be brought for-
ward. Of what earthly use is itin the hon. meaber for Kingâs
County following his old course, when every attempt still meets
with less favonrable views here, and also by Her Majestyâs Go-
vernment? The natural combination of the preprietors will
thwart every attempt to interfere with their rights. It is sat by
some hon. members that agitation will stilLeontinae. -Yes, Sir,
Lam fearful it will, until we lose our House, and,.of course, with
it, the privilege we are now exerci-ing3 and, Sir, Tam fearful
the day is not far off. (f hope not, said Mr. Cooper.) What is
this little spotâthis mere speck ? Will not the government thus
reason with themselves. Why shenld we be pesiered with such
a set of paltry fellows? Ttis highly probable that this may bap-
pen to us. Look at what took place in Newfoundtind, and if
we thus goon, three years may not elapse ere we become in a
similar sination. (1 hope it will not! { hope it wil net! again
ejaculated Mr. Cooper.) T hope, âeontinued the bon. member,
lthat the substance of the hon. memberâs intention will go forth
tothe public. âPhe proprietors would not care about it, or that
of annexation to Nova Scotia. The rights of property form a
prominent portion of the constitution, and in either case, will be
protected. Let hon. members well weigh the consequences that
nity happen to us, if we do not this night, by our votes, declare
our abhorrence of such flimsy stuff as we are now wasting our
time npon; and which onght to be beneficially employed in le-
gislating for the good of the whole Colony.
( To be continued.)
Satrurpay, February 24.
Mr. Rae, from the Committee appointed to search the
Journals of the Legislative Council, on the subject of Fees
on Mandamuses, reported, that they had found the following
entries ;
(CopyâNo. 70.)
Government House, P. §. fsland,
Feb. 11, 1843.
My Lord;
[have the honor to lay before your Lordship two letters
respectively addressed to me by Mr. Hensley and Mr. Irving,
representing that they feel the payment of the fee charged
upon the Warrants appointing then to Seats in the Legisla-
tive Council to be a hardship, under the present circunistan-
ces of this Colony.
âThis subject has, lam aware, already been before Her
Majestyâs Government, in the case of Mr. Green, who was
appointed in 1839, but who, upon declining payment of the
fee, did not take bis seat. Upon another occasion, a seat was
declined by Mr. Macgowan, now Sheriff of Kingâs County,
also on account of that payment being necessary. Of the
twelve members forming the Legislative Council, seven of
them live at distances varying from five to forty miles from
Charlottetown. None of these Gentlemen have residences
in the town, nor are they paid for attendance during the
Session, as the Members of the Assembly are. It is neces-
sary to select Gentlemen from different parts of the Island
for this Council, or a dissatisfaction would be created in ac-
cepting seats. Leannot imagine them to be actuated by any
feeling beyond serving the Colony.
It is very important here so to construct the Legislative
Council, that it shall operate to neutralize, or, at least, to mo-
dify, the wild and destructive spirit that of late years has so
much prevailed in another direction of the Legislature of
this Island, and at the same time to compese that Council of
men who, while they are firm in the prosecution of'some
measures, will not captious!y overrule those emanating, from
a Body from whose policy, upon some great questions, they
dissent.
Tcannot conceal from your Lordship that the Executive
is subjected to much inconvenience, in consequence of this
charge upon Warrants, appointing Gentlemen to the Legis-
lative Council, there being avery limited number in the
island qnalified by their attainments, and still fewer of those
who are who can afford with ease to pay the charge. It
therefore bas oceurred that the Colony has been deprived of
the services of some very intelligent men; that I have to
fear will be the result in the cases of Mr. Hensley and Mr.
irving. ifthe fee cannot be remitted, both, | apprehend,
will resign, and the Council will lose two decidedly superior
members, whose vacancies I shall be at a loss to fill.
1 have felt it my duty to detail these circumstances, for your
Lordshipâs information, to which f may also add, that where
the gentleman who is appointed to the Legislative Council
is engaged in business, and not residing in Charlottetown,
|
some person to superintend during his absence.
Ihave troubled your Lordship at some length upon this
subject, because it appears to threaten the necessity of se-
lecting for the Legislative Council men who would be too
|the Government, and thus destroy the wholesome balance
(of power contemplated by the Constitution of the two
Houses.
Lhave, &c.,
H. V. HUNTLEY,
Lt. Governor.
(Signed)
The Right Honorable,
Lord Stanley, &c. &c. &e.
(CopyâNo. 67.)
Sir;
1 have to acknowledge the receipt of your Despatch, of the
llth of February, enclosing copies of two letters which have
been addressed to yon by Mr. Hensley and Mr. Irving, ex-
pressing their objections to the payment of the fee required
upon their Warrants of appointment to the Legislative
Council. =
You will inform those Gentlemen that I do not think that
there is sufficient ground for remitting, in their favour, the
| customary fees on appointments to the Council.
Thave, &c.,
STANLEY,
Downing Street, 20th March, 1843.
Signed
Lieut. Governor ened)
Sir H. V. Huntley,
&c. &e. &c.
â_ââ
Monpay, February 26, :
_ His Excellency the Lieutenant Goverizor havirg attended
in the Council Chamber, commanded the immediate atten-
dance of the House of Assembly: and the House having at-
tended accordingly, His Excellency was pleased, in Her Ma-
Jestyâs name, to give his asssent to the Act to repeal certain
Acts therein mentioned, and to consolidate and amend the
Laws for the relief of Insolvent Debtors. â $s
Mr. Speaker, by command of His Excellency the Lieut.
Governor, Jaid before the House two Despatches from Her
wren 3 ssa tena of State tor the Colonies, on the subject
of Differential Duties, imposed by the Revenue Acts of this
Island,âLaid on the Table. ' cid
~ Read a third time and passed, th i i
i s the Bill for the regulation
of the Public Wharf in Georgetown. Asesh
Resolved, That a Committee of five Members be appoint-
ed, to report generally on the subject of the Crown Lands in
this Colony.
Ordered. That Mv. Thornton, Mr. Rae, Mr. D. Maclean,
Mr. Coles and Mr. Longworth do compose the sail Com-
mittee.
Resolved, That a Message be sent to His Excellency the
Lieut. Governor, requesting that he will be pleased to lay
ibefore this House the Returns made by Mr. Ball, Surveyor,
he actually suffers a loss from the necessity of employing
jintimately connected with those forming another branch of
relative to the exploring .of Townships Nos. 30, 65, 67, and a |
small part of Lot 32, forJaying offa new line of Road under
the Road Compensation Act, from the West side of York
River Bridge towards Tryon and Bedeque.
Ordered, That Mr. Douse and.the Hon. J. 8. Macdonald
do compose the said Comuiittee.
Tuespay, February 27.
Mr. Rae read, in his place, a Petition of divers Inhabitants
of Townships 14,15, and places adjacent, praying fora
grant, in aid of individual subscription, towards the erection
and construction of a Bridge and Wharf on Township 15.
Ordered, That under the peculiar circumstances of the
case, the said Petition be received and read.
And the said Petition was received and read accordingly.
Mr. Rae moved that the said Petition be referred to the
Committee of Supply.
The Hon. J.S. Maedonnld moved, in amendment to the
motion, that the said Petition do lie on the Table.
The Hovse divided on the motion of amendment:
YrasâHon, J. S. Macdonald, Hon. Mr. Patmer, Messrs.
Thornton, Montgomery, Longworth, Dalziel, A. Maclean,
Wightman, Hudson, Beairsto, Macgregor, Aitken.
i
NaysâMessrs, Rae, Cooper, D. Maclean, Dingwell, Fraser.
So it was carried in the affirmativeâand ordered accord-
ingly.
Resolved, Thata Committee be appointed, te join a Com-
mittee of the Legislative Council, to prepare an Address to
Her Majesty, on the subject of the Act to authorize the is-
sue, de novo, of Writs under the Road Compensation Acts,
in certain cases, and to which the Royal Assent has been
withheld.
Ordered, âThat Mr. Rae, Mr. Montgomery, Mr. A. Maclean,
Mr. D. Maclean and the Hon. Mr. Palmer do compose the
said Committee.
Ordered, "Phat the Hon. Mr. Palmer have leave to intro-
|dueea Bill to amend the Statute Labour Act, by reducing
| certain of the Rates, as far as relates to Charlottetown and
â Royalty. ;
fie accordingly presented the said Bill to the House, and
the same was received and read for the first time.âSecond
reading to-:orrow.
The Order of the Day for the second reading of the Bill
for the naturalization of Jolin Broderus Kdinger Tybring,
being read ;
Mr. Fraser acquainted the House, that the Rules of this
'House with reference to Private Bills had been complied
with in this instance.
And then the said Bill was read aâ second time, committed,
âCommittee .of the House of Assembly, to prepare an
âdress to Her Majesty, on the subject of the Act to
and reported, without any amendment.
Resolved, âThat no new matter, on which.a Bill can be
founded, be introduced into this House after Wednesday, the
6th March next.
The Hon. Mr. Palmer, by command of His Excellency the
Lieut. Governor, laid before the House the Estimates for
the service of the current year.
Mr. Thornton, from the Committee appointed to wait up-
on His Excellency the Lieut. Governor, with the Address,
praving that His Excellency would authorize the Commis-
sioners of Roads to enter into the several contracts for
Wharves and Bridges before the breaking up of the Winter,
reported to the House that their Address had been present-
ed to His Excellency. and that he was pleasel to say, he
would comply with the desire of the House.
Wepnespay, February 28.
Resolved, That a Committee be appointed, to search the
Journals of the Legislative Council, to ascertain what pro-
ceedings have been had on the Bill to. authorize and regu-
late the gathering of Seaweed on the Shores of this Island.
Ordered, That Mv. Beairsto and Mr. Cooper do compose
the said Committee ; who, returning, reported, that they had
found the following entry :â
Leeisiative Councin CHAMBER,
Tuesday, 27th February, 1844.
Present:
The Hon. Mr. Altorney General, President ;
The Hon. Mr. Brecken, The Hon Mr. Young,
Mr. Macdonald, Mr. Irving,
Mr. Dalrymple, Mr. Worthy,
Mr. Macnutt, Mr. Anderson,
Mr. Boll, Mr. Rice.
The Order of the Day, for the second reading of the
Bill intituled An Act to authorize and regulate the ga-
thering of Seaweed on the Shores of this Island, being
read ;
On motion, Ordered, That it be discharged, and that
the said Bill be read a second time this day Six Months.
DissentTienT :
Mr. Young.
The Bill to alter the Act relating to Statute Labour, was,
according to order, read a second time, committed, and re-
ported without amendmentâto be engrossed.
Ordered, That the Rule of this House with reference to
the presentation of Petitions for Private Bills, be suspended,
and thereuponâ
Ordered, That the Hon. Mr. Palmer have leave to present
George Hammond Whalley, of the Temple, in the City of
London, Esquire ; Edward Irving, of Fenchurch Buildings,
in the said City of London, Esquire ; and Richard Rennie,
Villiers Street, Strand, in the County of Middlesex, Esquire.
and others, and the said Petition was received and read ;
setting forth--That Petitioners, in conjunction with other
persons resident in Great Britain, have entered into a Co-
partnership, with a capital of One hundred thousand Pounds
sterling, for the purpose of carrying on the Fisheries on the
coasts of this Island: That Petitioners humbly conceive that
the establishment of a Fishing Company in this Island will
be highly beneficial to the Inhabitants thereofâand more
especially to the agricultural part of the community, inas-
much as it will afford them a ready-money market for their
farm produce, which they cannot at present command:
That Petitioners cannot carry into effect such intended es-
tablishment in this Island, unless an Act be passed, to ena-
ble them to sue and be sued in the name or names of one or
more of the local Agents or directors of the said Company,
and to limit their responsibility to the amount of their res-
pective shares: That Petitioners, knowing the unwilling-
ness of capitalists to invest in an undertaking of this deserip-
tion without an act to limit their responsibility, trust that the
House of Assembly will be found willing to grant the boon
required: âThat Petitioners, on obtaining an Act of Incor-
poration, purpose petitioning the Imperial Parliament for a
Royal Charter, similar to that granted to the Fishing Com-
pany of Gaspe, in Lower Canada: and praying the House
to take the premises into their consideration, and to pass an
Act for the purposes aforesaid.âLaid on the âTable,
Ordered, That the Hon. Mr. Palmer have leave to intro-
duce a Bill to incorporate George Hammond Whalley, of
the âTemple, in the City of London, Esquire ; Edwardâ Ir-
ving, of Fenchurch Buildings, in the said City of London
Esquire; Richard Rennie, Villiers Street, Strand, in the
County of Middlesex, Esquire, and others, for carrying on the
Fishery in the Gulf of Saint Lawrence, Northumberland
Sound, and on the coasts and other places adjacent to Prince
Edward Island,
lie accordingly presented the said Bill to the House; and
the same was received and read for the first time.âReferred
to the Private Bill Comunittee, to examine the same and report
thereon.
Read a third time and passed, the Bill to consolidate
amend and continue the Acts relating to Merchant Seamen.
The following Message was received from the Legislative
Council, by Mr. Desbrisay : Ă©
Mr. Speaker,
The Legislative Council have passed. the following Bills
to which they desire the concurrence of the House of As-
sembly, viz:
An Act further to continue an Act made and_ passed in
the Fourth year of Her present Majestyâs Reign, intituled
âAn Act to continue and amend an Act made and passed
in the Seventh year of the Reign of His late Majesty King
William the Fourth, intituled âAn Act to establish an addi-
eS I
tional Term of the Supreme Court, and to extend .
and Trinity âTerms for ng ta County.â ; _ Hilary
An Act to authorize Justices of the Peace to. Es
Clerks. Appoint
And alsoâ ;
- â*Souncin Cuamper,
âTuesday, 27th February, | Y i
âResolved, That a Committee be appointed, to join the
n âAd-
the issue, de novo, of Writs under the Road Coma ati
Acts, in certain cases, and to which the : Royal Assent hag.
been withheld. eee
âOrdered, That the Hon. Mr. Macnutt, the Hon. M
and the Hon. Mr. Young be a Committee, on the part
House, to prepare the said Address. Aine
âOrdered, That the said Resolutien be communâ
message, to the House of Assembly?
And then he withdrew.
The above âBills were severally read the first time,
ordered to be read a second time.to-morrow. :
PTaorspay, February 29. y
The Honse went into Cominittee, on the considay
the Report of the Special Committee appointed to
and report on the Public Accounts, Mr. Longworth
Chair. a
After some time spent therein, the Chairman re
progress, and moved for leave to sit again. â
Ordered, That the said Committee have
on Saturday next. ,
Mr. D. Macdonald, from the Committee to .
referred divers Petitions relating to the Herring and
wivesâ Fisheries, with leave to report thereon by
otherwise, presented to the House a Bill, as prepared by
Committee; and the same was received and read
time. ey,
Ordered, That the said Bil
morrow.
The House then resolved itself into a Committee of
whole House, to consider further of a Supply.âMr. Beai
in the Chair. eae
After some time spent therein, the Chairman rep
that the Committee had come to several Resolutions, y
he was directed to submit to the House, whenever its!
he pleased to receive the same. Bein:
Ordered, That the Report of the Committee be re
to-morrow. sake
Read a third time, and passed, the Bill to naturali
Broderus Edinger âT'ybring.
Mr. Yeo, in his place, presented to the House a Reno
signed âIsaac Smith,â and addressed to him, on t 1
condition of the Government House and Public Far
Ordered, That the said Report do lie on the Table,
leave to
lbe read a second
Fray, March 1.
Mr. Beairsto, from the Committee of the whol
the censideration of Supply, reported, accordin
several Resolutions of the said Committee; v
agreed to by the House.
The Bill for the protection of the Herring an
âFisheries, was, according to order, read a second |
mitted, reported with an amendmentâto be engross
An engrossed Bill from the Council intituledâ
to authorise Justices of the Peace to appoint Cl
according to order, read a second tine, committe
mittee rose without reporting.
The House resolved itself into a Committee of tl
House, on the further consideration of the Bil
Schools and EducationâMr. Fraser in the chair,
After some time spent therein, Mr. Fraser
the Committe had gone through the Bill and a
amendments thereto; which amendments were ag
the House. To be engrossed.
Mr. Thornton, to whom was referred the Petiti
Logan, of Georgetown, Jailer, preseated to the
following Report :â
BY
BDO
of Hugh Logan, Jailer, in Georgetown, . y
indemnified for the amoant of a Debt whicl
Jailer was held liable for, in consequence of
of James Hawkins, a prisoner in said dail,
That Hugh Logan was appointed Jailer of K
ty in May, 1839, and on inspecting the Jail-yar
the same was found to be in an insecure state,
was reported by him to the Sheriff, The G id
the County, in March following, presented he|
Jail fence, and also in May, I841âon which last pre-
sentiment the Lieut. Governor Sir Charles A. Fitzâ
a Petition of the Hon, W. W. Irving, for and on behalf of
vrought the subject, by Message, to the no
House of Assembly, buat the House did not maki
provision for the repairs of the yard fence: Th
evening of the Sth June last, James Hawkins, 2]
for debt, made his escape, by pulling up ont
pickets of the fence, and in consequence of snch
the Jailer has been obliged to pay the sum of
Halifax currency.
The Committee, from the evidence produced, t
clined to think that the escape was made previou
usual hoars of locking up the prisoners for the
and consequently the Jailer is not blameable
score of over-indulgence or negligence in his duty
Committee find, that after the escape personal:
belonging to the prisoner was attached, and s0
a Statute Execution, and a portion of the procee
Pounds, remainsin the Sheriffâs hands, as belon,
Hagh Logan. There was also some Real Estate:
ed, the probable value of which is Ten Pound
will not be available before 1845; but both th
will most probably not exceed the costs of suit more,
Five Pounds. The Committee have to observe,
this information as to personal and real property, }
ed by Hugh Logan, is not contained in his Pet
That James Hawkins is now in Jail, having
ted by Logan for the escape, on his return to the
last Fall. :
The Committee, under all the circumstances,
recommend that, at present, the prayer of the „¹
be granted. : :
A motion being made, that the Report of the Oot
be agreed to, and adopted by the House ; :
oles, Cooper;
The House dividedâYeasâMessrs. C
Longworth, Yeo, Hudson, Fraser, Macintosh, Macg
Maclean, D. Macdonald, Dingwell, Beairsto.â13.
âMessrs. Thornton, Aitken, Wightman,
Hon. J. S. Macdonald, D. Maclean.â6.
So it was carried in the affirmative.
Saturpay, March 2.
Read a third time, and passed, the Bill to alter the
relating to Statute Labour. ;
A Petition of the Sheriffs of the different Counties in
Island was presented to the House by Mr. âThornton,
the same was received aud read; setting forthâthat b
Act, 7 Will. 4, cap. 15, it is made imperative on Fs]
selling real estate under execution, to make oath, that bt
cenveyed by deeds given by them of such Lands are
larly âappraisedâ in every respect as by Law dire
That the only mode of appraisement set forth by la
be found in the Statute of the 26th Geo. 3, cap 9, by
jt is directed that the appraisers shall be appoint
the owner, one by the purchaser, and one by the *
That such appraisement cannot be effected in st!
dance with said Statute, as the purchaser cannot
tained until fourteen days after appraisement, and
eee alteration of the law in that respect.âLa
âTable.
A Petition of divers Merchants, Meehanics, Farm
others, was presented to the House by the Hon. Mr.
setting forth, that in the opinion of some intelligent |