a

"1.,

t of the Mother Country, has been granted by the l' o

bed, That it it the opinion of this Committee, that ii i the struggle. which, since 1837, this House has '77 .ained, with a view to reduce the expenses, Improve institutions, and purify the administration of the coun- tt has been met at every step by an influence, which,

it was beyond the controul of this Assembly, has - v-- the whole power and patronage of the Govern- , to bathe its efl'orts, and thwart the wise and benevo- policy avowed by her Majesty's Ministers. _ ' clued, That it is the opinion of this Committee, that ‘o‘a’ching many of the important questions to be dis- ‘ of in the present Session, the House of Assembly embarrassment and dificulty which it would be un- - - to conceal, either from the government or the country large; and that it can anticipate no satisfactorysettle- , .4 t of those questions, until the Executive Council is so 'rlrriode'lled as to secure to this House the aid of the local administration in carrying out the viewsof the Assembly, and in facilitating any negociations which it may be neces-

WE to conduct with Her Majesty's government.

lead, That it is the opinion of this Committee, that the House of Assembly, after mature and calm delibera- lion, weary of seeing the Revenues of the country and the time of its Representatives'wasted, and the people of Nova Beetle misrepresented to the Sovereign, and the gracious boom of the Sovereign marred in their transmission to the people, do now solemnly declare that the Executive Coun- cil. as at present constituted, does not enjoy the earth. deuce of the Commons.

I m

coconut. LEGISLATURE.

Saturday, Feb. l.——'l‘he first part of this day's proceed- ings was ublished in our last. In the after part of the day, the Hon. T. H. Haviland delivered five Messages from the Lieutenant Governor—the First transmitting copies of the correspondence which had taken place be- tween the Colonial'Department and William Cooper, Esq. delegated bv the House of Assembly, in its last Session, to Koceed to England; together with a copy of Lord dohii

mall's despatch to the Lieutenant Governor, containing the decision of Her Majesty’s Gwernment thereon. (This despatch was published in the Herald on the 30th Nov. the time it was received in the Colony). The second Message transmitted a Despatch from the Secretary of late, in which the Lieutenant Governor is instructed to bring the subject of the Fishery Reserves again before the Legislature; the third message communicated a copy of Idespatch, containing the reasons why Her Majesty had not been advised to confirm the American Loyalist Bill of last Session (which said despatch we copied in our last paper)—the fourth message communicated a despatch, stating that the Lords Commissioners of the Treasury had no objection to the appropriation of the sum of £1500 out ofthe Crown Lands' fund, for the erection of a building in Charlottetown as an Asylum for insane persons, and other objects of charity, on the House of Assembly making suita- ble provision for the future maintenance thereof. The fifth message transmitted three maps of the original survey ofthe Island (with a tubular explanation) prepared under the direction of the late Mr. Holland, between the years 1764 and 1769.

The messages and accompanying documents were order- ed to be printed, and were referred to the House when in Committee on the state of the Colony.

Monday, Feb. 3.—The Speaker (William Cooper, Esq.) laid before the House a Report containing an account of his proceedings on his late mission to England, in addition to the information contained in his communications to the Committee of Correspondence-Ordered to be printed, and referred to the House when in Committee on the state of the Colony.

On Tuesday, Wednesday, Thursday, and the greater part of Friday, the House was engaged with closed doors, in Committee of Privileges, (as stated in our last) in inves- tigating certain charges of misconduct, preferred by Mr. Thomson against Mr. John Arbgckle, a member of the House. On Friday the Committee rose without. reporting, which terminated the proceedings.

Immediately after, Mr. Pope, by leave, introduced a bill to rohibit the exportation of Oysters, for a limited period.

r. Thomson introduced a Bill to compel Millers to hem: waste gate at their dams, suitable and convenient‘ to tthrough logs, deals, scantling, 6w. Second read- ing on Thursday the 13th inst. Several members expres- ned their intention to oppose the bill in its next stage.

Saturday, Feb. S.—An address was voted to the Lieut. Governor, to inquire if he had any further documents or information to communicate to the House, in addition to that already furnished, to enable the House to legislate for the settlement of the Inhabitants and for the regulation of the Fishery Reserves. The address was carried on the following division—Yeas, 16; Nays, Messrs. Palmer, Hudson, Longworth and Hon. J. S. Macdonald.

Mr. Thomson presented a Petition from John Rowan, a commuted pensioner, late ofthe 12th Dragoons, at present residing on the Georgetown Road, and stated to be in des- titute circumstances, praying pecuniary relief; and a Peti- tion from the Merchants and other inhabitants of George- townhpraying a grant of Fifty Pounds, to aid them in

' , ishing a Packet to ply weekly between that port and Protein—Both petitions were ordered to lie on the table.

The Bill to gohibit the exportation of Oysters was pas~ and, 14 to 4— essrs. Rae, Fraser, Macintosh and Mac- farlane voting against it. It imposes a penalty of£20 for every ofl'ence, and is to continue in operation for seven years. .

A Message was received from the Lieutenant Governor, transmitting copies of the correspondence which had taken gage between the Executive Government, John Thomson,

and the Justices of the Peace residing in George- town, in consequence of the latter having omitted to call a public meeting of the inhabitants, on the hit of May last. as required by the Georgetown Assessment Act.

Referred to Messrs. Clark, Le Lacheur, J. Dingwell, Rae and Fraser, to report thereon, by bill or otherwise.

House in Committee on the state of the Colony.—Reso- lotions were seyerally proposed and seconded, ] st, for bringing in a Bill fpr regulating the Fishery Reserves, embracing the principle of the bill passed by the House of Assembly for that purpose, last Session—2d, repudiaiing tire proposals made by G. R. Young, Esq. on behalf of cer- tain proprietors, to the Tenantry; and 3d, that a Com- mittee be Ippornted to prepare the draught of a Petition

:Io‘tbzlmperial Parliament tbr redress of Grievances. v

of these propositions elicited a great deal of dis-

/

ion? eipecially the last," but fire fiiislly‘csrriedby cuss ‘ I. h I

’ e u a ‘ d larTiiéngh'diiin'an then reported progress, and obtains leave to sit again on Monday.

..-———-

'Mosnar, February 10. . His ' r “ inted to wait upon . W “‘"t' {tattzfitfiiffif Advesu.:r:;:“;: 5333* “mm m %::.:;°s:::.?.’.,'r:..... mm... ' at or great-iii; hoafilflrlzttfihildetbe following answer: blv in reply ‘0 I beg to inform the House of Asse‘llltfiér documents this Address, that I have received "2 ur b'ects referred or information relating to either of tde sumlnuhicmed to to'tlierein, beyond whatl have alrea y of) an Particu- that House. Neither do. I. exPecl '0 r6081"; my“, positive- Iarly as regards Iihe' questfiop (3" 5:21:32], 0‘? Her Majeswh 'ifrm the ouse, ta ‘ . ._ I('lo'vlaifhmentto entertain that question, in any_shaper '5

final.

I . Faissa be ed leave to call the - ‘ lind. ill::dminlstratitinggfthe law in the several counties of this Is 1

‘ ~ ' ' its

It was, he said, only reasonable and just, both as respeezitznléggalin and witnesses in Courts of Law, to save 1'000" hated in the expence, that suits should be commepced unid lentils im ression Counties in which the parties might reSIde. Uii leul'liol'll . p , he thought it proper to submit the following reso . dame

“ That a Committee be appointed to inquire into tlhe_explilawi .Suy ofamending the Act, 3rd 'VVm..4th, Cup. 12, for 38g“ atigg‘ b . Bi“ preme Courts in King's and Prince Counties, an to rep y or otherwise. "

‘ n. ‘ d to. After a short draconian the motion was agree ing Gentlemen were rh‘en’nppoiuted : Messrs. Fraser, Rae, Clark, and Longworth.

‘BTATE OF THE COLONY-t

rder ofthe Du , that the House do resolve lugl;.lan:znmé’t:lfl‘in‘ll:I:?0fthe whole, yto inquire into and take into ' ' i ‘tate oftlie Colony. . conAsd‘lnggelll::deglil six ofthe members were absent, conSiderablt; objections were made by several members to the cpnsiderution o the state of the Colony being their re-entered upon , but aDmotizn made by the Hon. J. S. Macdonald, that the Order of the ay to discharged, and made the Order ofthe Day for Wednesday nex , was lost on the following division :— Yea‘s.-—Hon. J. S. Mncilonald, M7essrs. Longworth, Hudson, o In It Thomson— . g » Pagilgifillbzssliia’anrIu’tt-sli, D. M‘Donald, Le Lacheur, Rae, M’Ncill, Beck, Fraser, Gorniun, Dulziel—Q. . ' . h The uesiion was then puton the main motion, and carried in t e affirmative, on the same division.

The Hon. J. S. MACDONALD having then taken. the chair of the Committee, the following resolution was submitted by Mr. Rue.

“ Whereas the length oftime which has clasped since the Grants became forfeited, without the forfeiture being ditc'are‘li_““di “5 a co"' sequence thereof, the passing ofspmo of the Grants into the hands of land s eculators, and ofotliers intothe hapds of the credltors 0f grantees, in payment ofdebts, for the liquidaiion of wlllcby lhe dept- ors bad no real property, appear to be most welgl'té arguments w'tl' the Imperial Government against any measure pf scllefll; and as It ap ears nbsolutely necessary that some rel‘iet be procured for the cu tivutors, to prevent many of them front bem‘; finally'ruined;

Therefore, Resolved, that it is the opinion of this Commuteentliat it is necessary to consent to a compromise of part of the just rights of their constituents, to bring in a Bill to agree to the proprietary claimants receivrng ‘ ertnin specific remuneration—to be ascertain- ed by the House of mbly, on the principle ofthe prices paid for the land, quit rents, and land assessments, since such purchases, and interest on both." \_

Mr. Triorssos stron ly opposed this motion. He rediculed the

idea of the House's eing obliged to rake up all that had for- merly passed on this subject; and maintained that on no other 'principle than that of remuneration,——n remuneration having re- ference in the present value oflnnds, nor. t e penny-an-ucre principle —could a settlement of the question between the proprietors and the tenantry be ever rationally hoped for. He said that Mr.‘HilI had formerly bought Townships at one perm per sore, but Mr. Cunard had lately purchased at a much big or rate. .It was pitiful to attack Property in thowuy contemplated by some honour- able members. ’ ' ' 9' “

Mr. ’Aiisocrtrm said be most concur with’the 'non: member for Georgetown. The motion submitted by Mr. Rae be considered to he ambiguous, if not quite indefinite. Notwithstanding any private difference or misunderstanding between him and the honourable member for Georgetown,“ motion oftliat gentleman‘s, having for its object the general bene tofthe Colony, should meet with his ready support. .

Mr. Gonna expressed himself in favour of a petition to the Imperial Parliament, and he said he believed the majority ofthe House concurrred with him.

The Srsaszrt laid :—In rising to explain, or give my reasons for the motion I am about to make, I have no desire to defeat the measures intended by the honourable member who proposed the Resolution before you. My intention is, to make the measure more general, to embrace both resolutions, without pledging the House. [think it more respectful to the Despatoli, to submit it to a select Committee; and, as I am called upon to state my views, I shall do so briefly. In the Despatcb, Government have said, that the will not grant an Esclieat, but 'that we ought to have on eq table settlement. They have objected to the principle of Eschentcontnined in _the_Bill sent to England, but have made no objections to I the proyisions of that Bill for the settlement of the inhabitants. _ I‘he Minister does not dissent from the scheme of purclisrimg the rights of the proprietors to- the soil, bpt he objects to glvrng £200,000, and thereby entailing a large pecu~ ninry loss upon the government. If an equitable arrangement be not madewnli the tennntry, the Minister will not object. to punish the proprietors by a heavy penal tax upon the land. Now,ns I never ' asked for an Esclieaton any other grounds than for the purpose of settling the people, nor did ever expect that the people would get theland for npthing, or that the proprietors would be deprived of their land wrthout some compensation from the home govern- ment, 1 see an o ening left to settle the people atii riv h' h ha , p ce w it:

t y may puy,an to leave it for the overnment, as they may see i, to purchase the proprietary interest in the soil without entailin so! heavy I . cuniary loss upon the Crown aii £200 000. Am? w W“ I "e if”, I would no longer seek an Eselieat, nor, press any

measure which gavernmerit have denied in the Des att‘l Tl tenaotr might be settled ' ‘ hp A I. la the Bil sent. to England. them the repayment of the principal tenantlg, Within a limited period, Th, to the ovul’nment to advance to the pro ' intiresthin the soil; and a Land Tax rnigli ma e t e proprietors willin to ac - mnamd b the nu might gog’ Withcfile pr? Proposals, and the sum

attention of the House to'

The follow- Le anheur,

l

. in n 0 . . . . to the Despatch, without bliptfsliliiltil? “"8.” be' 'efi‘ec‘ed by adhermg r._‘PALIlln Isiiirl,tliat even if h opposi e party, in would oppose the resolutio pnfzhe way in which it was worded. The timg’wlzseriibywoa'irisgduiu Falémcél:upeople of what they have to expect, by clear statement: “med T1: were of: longer to be held out, nor visionary ho a. Th,e w..." ofe question of Eschept is now confessedly hopelgs: Ihew'it Th agreement among its former advocates auflicientl I can be “.0 lo ell’ air-built castle must now fall. Their proposition fa" Now plgsr eipertmned. _A house divided against itself mu 8 ‘he."um , an“: Escheat insubstance cannot be obtained Is: He “mu hgtoh, it til) the public in clear and unequivocal Ian iii 6 measuregro zoo d be the height of absurdity to e’nteriagi 'ghe' for I mngengpseTtbyryenffiqorggmle member for Queen's Coin'ite Granting this House should be reallw‘io iii-gas m an agreement. Sictasipn, where was the second. h ’ me mic on the r 0 pro netors l were E0 hp comiazgsszathe honourable member for Gear ripolution u :r consideratio 0 reason. e light by whicl :gegtéflzszohptjmfizsba mere ignis futuus. Until theberli-odgghltgldl' to pay a moment't regard to it—_it W.§i%i§:;'}o',"fhemfigeufi'lli turn that it put him in mind of LordIStan‘I” so equivocal “Dd we“.

. . _ 3 Celebra ' lsmbleuri lance or under that sentences": 0; I! It there? Is it nan} this song- It was a perfect humbug, ' l "uh-1‘93 pea (lat tho-thisib’le,

V-

‘ l \‘J‘, e In . could

‘

' I ~ -~- ‘ I - w. . Tnouseil mud, in amendment, . ‘91“ “a to infill?” moiOWOfly g, V ' unerltro tot pro. ., . ._ ,‘ Innings said, that the objection t.an 'P‘fi member who moved the amendment,1ll.q,' ,H d back,- and raking up penny an acre recordeé-Ih. m. I sl force to the amendment. The mover h 1“. of u. eqlrll stood in'ended to give the proprietorat o va iin, BI' “de’me” “me. At What period was this value to be] i?“ h“' hit-ant to estimate it at the time the land was granted, ‘ the enmendmem must refer _ to.n,period “J‘fll’ back: his and the data for thus ascertaining the Vans were m min. If he meant the land to be valued as «pres: Mm Cedmniissioners should be accordingly .Ip-ptinntt: 8’0 Tb. were these Commissioners to.ground their \‘u‘lll‘: Louie “by t rovided none; they might value it a I. , V men ‘9 rent 10s. 15s. or 20s. p“, . rietors exacted, is. per SCI"? i {.1 ,, I)er fthe amendment, tho Com price. But, saysl the mover,lo md in . Md, ‘ g I. ' onub e men, so on ‘ . Highewlifiilsd never pledge his constituents to lpaly‘Lb: claimants money for the land, unless be Itan t in vale-um- (m ertain limit. He had no faith In Commissiopctrs . M w. I“ . . inatter—they might be fiiginbEngIa‘nd,:natln;V $02123 ” _, ch men as won e son on, . ~ ' «one. , fig; whuld be here exposei}, \Eth [31:31] il:dtthV.ldil:ll:nc‘tlle: in Charlottetown,some o t em _ “dance Jr u" ' lain that it was only the lasiness or impr . . which. prevented him frolrp be;n(gf this '2')"puLywrlpen;i Bil'lfiw like the cumbersome mac iner . ‘ WW“ ' 0 us d arran ement by Commissioners I igiiaiiii .Pr 'll‘heeflpposilegfi'irtylip? salgénqllgngouzl ndon scbeat—it is dea , urie , ro , L. , gigging this was, because the advocates of Esclipaitnnqzmprm “ were“ refined —"°hw “g'i°fovlf'.d22l ihieriijuuic. or ' —t are are t e no _ , dzfizlfgjfns—tliis was excillentyreusnning. Nest; he applenl : remembrances of the House. heed he say, that requea' , borne down by superior ‘arms, were obliged to pgogiucom V part oftheir.rights. Did this imply that they ah i g ‘h ‘ that in sgekingJo maintain these porrits, they a Ion ‘ was not their right—and ifthesc concessmns were utilit'ac’copltr they or right to endeavour by arms to secure the vyl o c.13- “A remin any Scotsman of the struggle muinuiine m, against the superior force of .Erigland-foverpogere at V , obliged to propose to surrender their national in epen e“ that iinplvthnt they were conscious of havm done wronghin ‘ to assert ii? As for Escheat being dead, he fe t_consciilips t or i present attemptrat compromise should tail, if the I ouae relinquish the cause of the. people, il every agitator t igoughpm Island were removed, still their complaints would be . eard,‘ imitation would commence, because the principles which ones “fore implanted in the human breast by the author ofour Mr. Tuousos said, that the vacillating policy of different , administrations was well known; but although they had, in . contradictory manner, rejected measures which at one time , seemed to favour, future administrations, it was to be hoped, he more consistent. Settlers must have secured to them e , interest in the soil. The Colonial Minister acknowledges have not an equitable interest in the soil. Those who have . away the forest, and paid so heavily for transporting themsol I hither, as many of our emigrants have been obliged toyio, In“ just and undeniable right to be invested With a greater interest: g the soil than they possess. But the question is, how was do; A be obtained? The faith of the British Government was pledged, the proprietors by their refusing to recognize the. justice 0!» - ‘ principle ofEscheat. The plan he would propose would be, a, appoint five Commissioners in each County—(two to be . nated by the Legislature of the Island—two by the propri _ as and one by the government,) to ascertain the present value, of land; and such Commissioners should be selected from ..- = those who have been longest in this Colony. If less than 7 should he offered to the jroprietors for-their land, it would attempting to subject them to an act; of injustice. Still there any be found some, as Mr. Sulivun, for instance, who give no 19 who deserve to receive nothing, at least very little, tiir their I

Mr. CLARK said, it was very well known we could no lo entertain any hopes ofan Esclieat. He had never been .sun r in his expectations nfthat measure. It was now lost. Still, ' ever, to him it seemed possible to obtain justice for the cultiva ‘ ,, ofthe soil by another course. But, as we know not whether a ‘ prietors are disposod to "make sale of their lands, and even if » were willing so to do, as there were no proposals mode by them In; that effect, it was not/known what they would accept as a compen- sation ; therefore, any legislative not, having for its object’t‘ ’ purchasing of the proprietors’ lands, would, without some previo ‘ express understanding or agreement, be altogether ' nugatury There would not,‘lie thought, he a fairer proposal, if the claimao t the proprietors were to be bought, than one having for its obie the ascertaining by preliminary investigation ofa. Commission pr ,1 perly constructed, what should be the measure of Compensation ’7 which they were entitled. ‘ From faith in adherence on the part the British Government to the indulgences granted by that vernment, where purchases of land had been made, compen should certainly be made to those who might have to relioq those purchases. Except under a strong reliance on, a n :- adherence to those iiidulgences by Government, would any one, i , a fool or amndmnn have laid out his money in mirth pure . Byaproper Commission, the cultivators of the soil might ex justice—the proprietors might expect the same. Where pro : had become valuable by the exertions of those settled upon it, soc . improvement, he thought, should not altogether be thrown into ‘ soale~iii favour of the proprietors to enhance the compensation 3: be nwardedto them. ' - ;