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The Colon
PRINCE EDWARD ISLAND ADVERTISER.
âal 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-
âmittee 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.â(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-
âthy 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-
âJity that existed of the payment, by the tenantry, of their rents in
âspecie. He was rejoiced to find that the majority of the present
âHouse of Assembly had the courage and honesty to disabuse
âthe minds ofthe Tenantry on the subject of that ignis fatuus
wEscheat,â which the language used in these Resolutions would
âmost assaredly doâa 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,
âotherwise well disposed tenants, who by credulously believing
(hese agitators had been induced to withhold the payment of
âtheir tents, and now found themselves overwhelmed by an
âamount 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-
âmands of their landlords, that he considered 1 would only be
respassing apon the time of the Committee further to expatiate
âJon this part of them ; but there were introduced into them some
words un which, asa member of that Board,âas an ardent admirer
of the constitation under which he had the privilege to live,â
he felt bound to make a few remarks. The Committee would
observe thai the Resolutions stated the arrears due by the tenan-
âtry had been increased by the costs of Warrants of Attorney
âtaken 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
âcirculated 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. âhe 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 âthis
âCommittee 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. âHe 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
âso unjust, so wickedly and avariciously grasping, that the Repre-
| âsentatives 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
âwords and actions perverted by judges, some of whom,
Wthere conid be âno 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 dischargeâan 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 peopleâhopes 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.âthe 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 mistedâa 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; âearly otie-Bflh Ge Nelent ean ee
: ,
one of those who heJd, that a manâs character dependet on the] aggrieved; but if both sides were heard, perhaps instances of kind-
of his life and actionsâthat 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 â ' 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 â
â ; 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 âsend
he made it. Not one writ had been issue@ânot one judgment enter- | abroad the most wanton aspersions of character, rendered ten-fold
ed upânot one execution issuedâand 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 !âthe whole rent levied for under these | accused had no opportunity of examining or confronting. He pro-
ly amounting to ÂŁ18 17s.6d. These were made for |} tested against such proceedings, The House of Assembly went âfar
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,
Canadaârecently pregnant with examples such as thisâan 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-
landâa 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 itâthat 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
âty 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 proposalâwhile, 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
âthat 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 âhe had received upwards of ÂŁ30 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
stâevery thing they attempted was
hey âproposed impracticable. Time
Council) teyected these Bulls, not
Yi constitutional lengths to serve
e such, as not only)could
hinking men. but if assented âto,
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 landâwho, 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 wasâa
his accusersâthat
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
reâtwo 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,â
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
âStrong expression of opinion upon it, from all the members of
Ap Committee, and should be honestly and firmly reprobated at
âonce, 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.â
He had a high respect for the Assembly, respected its powers and
âis 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
dâto the good of both landlord and ten-
produce for rents was introdu-
by supposing that this:
barrassment âW
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 expectâagain,
1âŹ, 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 tenantsâyo
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 âseize 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 couldâ
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| âThe Hon. CHARLES YOUNG then rose, and said something
and that his obstinaey deserved the punish-| 9 the following effect :â
ived. There was another charge, but it was almost too] Mr, ChairmanâAlthough | 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? âom 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)â 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 escheaterâs 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 âhose
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,
dâthe giving up therefore,
sull' there are many,
better to err on th
ust discrimination in r
lord and tenant.
âWarning 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
âby the costs of entering up judgments thereon, had afforded him
âthe opportunity of making these remarks; the assertion however,
âwas 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
ânot more than four-or five judgments had been entered up on those
y. âby -him---and of that number he believed two had been
âentered up, in his absenee from the Colony. He entertained no
ddoubt thatthe Assembly would agree to strike out this part of
âthe. resolutions, for it only tended to weakenâ 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; conductâ 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 âcrime. To protect
and for this âalone, like every traveller, he | $'
always been treated by them with
were, in general, as honest and weâ
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
âsand 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,â was one of such importance, that it claimed his
vation before any thing of a personal nature. The very name
ef the Committeeâa Committee on the State of the Colonyâ
~-Raturally led them fo take a retrospective view of the political
events of theâlast 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,âon 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
âa 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 âas
a grinding avaricious manâwho, 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 chargeâ 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 inâ 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 â , ss
als 208, pees ayia Ronge She Fe (ihe the eagerness of malevolence has only hastened its own defeat
hyâ poodd ag ts hands of tHeâ 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. âSuch conduct we cannot but admire.
And it is ever thusâintegrity 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 beenâ 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,
âą
7
v7
t
i
1e
y
sy 4
Fete ig Fart wrerne Tiwece
© hon. feiend s
|
The Colon
PRINCE EDWARD ISLAND ADVERTISER.
âal 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-
âmittee 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.â(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-
âthy 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-
âJity that existed of the payment, by the tenantry, of their rents in
âspecie. He was rejoiced to find that the majority of the present
âHouse of Assembly had the courage and honesty to disabuse
âthe minds ofthe Tenantry on the subject of that ignis fatuus
wEscheat,â which the language used in these Resolutions would
âmost assaredly doâa 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,
âotherwise well disposed tenants, who by credulously believing
(hese agitators had been induced to withhold the payment of
âtheir tents, and now found themselves overwhelmed by an
âamount 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-
âmands of their landlords, that he considered 1 would only be
respassing apon the time of the Committee further to expatiate
âJon this part of them ; but there were introduced into them some
words un which, asa member of that Board,âas an ardent admirer
of the constitation under which he had the privilege to live,â
he felt bound to make a few remarks. The Committee would
observe thai the Resolutions stated the arrears due by the tenan-
âtry had been increased by the costs of Warrants of Attorney
âtaken 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
âcirculated 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. âhe 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 âthis
âCommittee 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. âHe 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
âso unjust, so wickedly and avariciously grasping, that the Repre-
| âsentatives 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
âwords and actions perverted by judges, some of whom,
Wthere conid be âno 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 dischargeâan 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 peopleâhopes 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.âthe 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 mistedâa 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; âearly otie-Bflh Ge Nelent ean ee
: ,
one of those who heJd, that a manâs character dependet on the] aggrieved; but if both sides were heard, perhaps instances of kind-
of his life and actionsâthat 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 â ' 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 â
â ; 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 âsend
he made it. Not one writ had been issue@ânot one judgment enter- | abroad the most wanton aspersions of character, rendered ten-fold
ed upânot one execution issuedâand 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 !âthe whole rent levied for under these | accused had no opportunity of examining or confronting. He pro-
ly amounting to ÂŁ18 17s.6d. These were made for |} tested against such proceedings, The House of Assembly went âfar
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,
Canadaârecently pregnant with examples such as thisâan 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-
landâa 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 itâthat 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
âty 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 proposalâwhile, 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
âthat 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 âhe had received upwards of ÂŁ30 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
stâevery thing they attempted was
hey âproposed impracticable. Time
Council) teyected these Bulls, not
Yi constitutional lengths to serve
e such, as not only)could
hinking men. but if assented âto,
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 landâwho, 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 wasâa
his accusersâthat
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
reâtwo 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,â
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
âStrong expression of opinion upon it, from all the members of
Ap Committee, and should be honestly and firmly reprobated at
âonce, 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.â
He had a high respect for the Assembly, respected its powers and
âis 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
dâto the good of both landlord and ten-
produce for rents was introdu-
by supposing that this:
barrassment âW
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 expectâagain,
1âŹ, 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 tenantsâyo
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 âseize 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 couldâ
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| âThe Hon. CHARLES YOUNG then rose, and said something
and that his obstinaey deserved the punish-| 9 the following effect :â
ived. There was another charge, but it was almost too] Mr, ChairmanâAlthough | 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? âom 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)â 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 escheaterâs 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 âhose
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,
dâthe giving up therefore,
sull' there are many,
better to err on th
ust discrimination in r
lord and tenant.
âWarning 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
âby the costs of entering up judgments thereon, had afforded him
âthe opportunity of making these remarks; the assertion however,
âwas 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
ânot more than four-or five judgments had been entered up on those
y. âby -him---and of that number he believed two had been
âentered up, in his absenee from the Colony. He entertained no
ddoubt thatthe Assembly would agree to strike out this part of
âthe. resolutions, for it only tended to weakenâ 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; conductâ 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 âcrime. To protect
and for this âalone, like every traveller, he | $'
always been treated by them with
were, in general, as honest and weâ
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
âsand 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,â was one of such importance, that it claimed his
vation before any thing of a personal nature. The very name
ef the Committeeâa Committee on the State of the Colonyâ
~-Raturally led them fo take a retrospective view of the political
events of theâlast 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,âon 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
âa 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 âas
a grinding avaricious manâwho, 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 chargeâ 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 inâ 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 â , ss
als 208, pees ayia Ronge She Fe (ihe the eagerness of malevolence has only hastened its own defeat
hyâ poodd ag ts hands of tHeâ 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. âSuch conduct we cannot but admire.
And it is ever thusâintegrity 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 beenâ 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,