'- "VV"lIIIlQ.D¥‘s—"O‘

efthst Des teh, would Ind ones ver among the people, ul- thengh tlsey'isiight possibly be in sezrdanee with the views of anion hog. numbers on the other side of the House. His Excellency was ‘ e right in his conclusion, that the laying of the Despatch with law before the Aasenibl . would not tend to aid tlistn h the revision eftlte Election Law; Ior he (Hon. Mr. W.) was of opinion, that any change which the House might make in that Law would he In e direction quite contrary to that which the writer of that Duspateh and the framers of that intended Law were desirous i. go. mad with ros to the people of this Colony.

Ir. MONTGOMERY?“ Ile was convinced tlini, under no cir- cumstances, would he have approved of saeli a vial .tion or our ro- pressntstive Constitution. as by His Excelleney's Message it ap- pggng, ha 5... by tltslate I.ie.uten.int Governor; and aourgunientsoresue erutions could have ltttltlcttil him (Mr. M ‘Q gig. |;‘g gappcrt to such it measure, and neither did he think, that M you any toes in the Colotty Wlltl would have sanctioned such sdsa'jn.ot- have sobniiwed to be made in any way instruniciital for tho fartherusoo of it. [lIon. Mr. Coles. There were nine suolr, He had indeed seen by the newspapers, sortie time

, tlintsotxiescltetue for u chiiiige in the Election Law or tlte

sitntion had been mooted, and mi ht probably take elI'ect; but pottiiag contained therein hud irttparl to him any definite ide.t of go ' nature orextent of the contemplated change. If the in- mtlge. ever, were that specified in His Excellency’s flossage, he could not believe, that it originated with, or been pro- zsd by any one. havitig iitirtiediiitc or pcrtnutient contiexirm with lsla . ttchn scheme. ifcurri into operation, would have rlisfranehised till three-fourths of the electors of the Colony; and he could not believe. that an unjust and tyraarious ll meat-are could ever have been up tired of by any representative of tire people; he .usld not think. that a single rnuniber of the House would e to such a violation of the principles of our rreptaa-.:nl.tlii'c Mmlkfli and he fully concurred in the opinion expn.-reel by the Ilelt the Colonial Secretary . that the intended Law and the flea- pstch proposing it, were not of a character to aid the just revision of the Ileclltbtl w.

Hes. Mr. COLl£S.—'I'lie hon. member for Priricetowri (Mr. Montgomery) has not been so ignorant of the nature and ex- tent of the change in our Constitution, projected liy tt.e late Governor and his ItIVIst!|'t|, as he seeina il-sirous to make it tip-

I he was: for it. was asserted in ltis hearing and mine also, ‘ran indivtdiisl who pretended to be fully rind accurately informed rotiecfnllta it, as he no doubt was, that the n- w Cori- atitutiort which was expected to come irtto operation on the srriul or our new Governor Sir Alexander Baimertnsn. vt'ou|d J.-grin one hall’ the tenaritty of their elective Franchise. The hon. member for Pri--cvtnwn (Mr. Mnnigomt-r_i') says he would not have approved of such a change in our Representa- tire Constitution ; out, if the law Government had sticceedetl in getting the tlill, wliirh was lcnl ltome by Sir I.).llMltl Campbell, psuod into law by the Imperial Parliament, li-- 'og|t,| hug been one of those who. under its operation. would have heen choiten under the auspices of the Government, a rm-moor of Aso¢mhly,b_v a purely proprietary or freehold con- stituency; and would he, under such circurnstariees, have upr.-nod any dissatiafactinrt with the new (Innis-tittitiviri, or have proposed its abrogation! I rather think u t. 0.t the eontrary, I imagine he would have been under an imp'e-sion, that it wso his duty to support the Government, eapovially as it would have been a Government based on what he and his party deem the only just principles of Reaponsihility—tli_e principles of responsibility to the low, not to tile many; for it is worthy of notice, as atfirding a still further exposure at the detestable spirit of intriguing nomination, to which it was hop,-d tho labor-ties or [he people would fall a prey, that the disfranchisemcnt of the tenantry was to precede the illttoilttc- tion of what the supporters of the late Government tertnt-tl ti 46 moderate respont-iblc system.” Ilut, thanks to Providence ! we have now got. instead of such '1 moderate responsible syc- teoi," a sysicnt of Government, based on the broad and satis- factory principle of responsibility to the great body of the people; end we have u Governor. the friend of true liberty. of fair and open dealings, and the avowed enemy of secret in- triguaa, plots and canals; anti who will freely aid the Repre- sentatives of the people with all his ability, experience and influence, in carrying out any measure cilcnlatel to secure or extend the 'ust liberties of the people, to improve their cori- dilion, or venue their real interests. I have said—“ Let our electors be free as the winds;" and I will now, in sect r.lsuee with the spirit of that exclamttirin, propose a repeal of the clause of the Election Law, which sets forth the qtttsltficltltin of candidates, to the end, that the electors may be It: psrlect liberty to choose whornsee ver the may please to rep- resent them in the Assembly, without re ereoce to a property ugtijguioo of any kind. The propriety of such a repeal Ital, Ioorifaso, only just now struck lttw ; and my conviction ofit: justice seen-.s to be the natural fruit of the indignation which the cowardly, trsitorotts and arbitrary design, which has been disclosed to as in his ExcelIeney’s Meassge. has excited in my mind. Let us do away entirely with the property t]II4llllICI' tione of candidates end members; snd_let eyery continua-ucy be free to choose, for their representatives in the Ass‘-inbly, 'i..,.,.,,.,., any mg, dgem most worthy of their confitience, without [going dictated to by us, or restrained by an Act of Parliament from choosing a man, unless he be worth a certain amount of property. Nothing can possibly more _alisnr_tl um; rognppngg, that a man's rt-al worth—liis integrity, his knowledge, his ability to serve his fellow-man as u legislator —eati be lslimaled by the value of his property. The people knew this; and if the qualilirstioo clause be repealed, the sphere of their choice will be much enlarged ; and they will, ncdnub't. sometirri--s hive it in their p-wer to choose muvh more to their own satisfaction. than they roultl under the re- striction of a qualification clause. And, as respects the As- sembly itself, it would be a protection to the mcm'Iers of it from . repetition of those disgraceful s--enee, whi-li have so frequently oc-‘um-d in it within the last live years, through the indecent and unwarrantslrlc ae<uults which certain honor- atilo tneintiers have allowed themselves to make. from time to time, when at a loss for argiimerits. upon others on t'=o score of the alleged iitsumeii-nc_v of their legal qualification. ‘l'lic House has been degraded by the frequency of the scenes which such assaults hive occasioned ; bui, whilst s-ltnitting lllll, I am proud to think, that not one rriemlier of this side of the House would have disgraced himself by matting such an as- eeult upon a fellow member; and it is owing to my desire to prevent allsucb disgraceful alterrstions in future. and through my sbhorrenee of the plot against the liberties of the people. which lies just been brought in light, that 1 am now to move for the re al of the can-shines‘ qtlllificelltin clause in the Election W; for indcpeodetrtly of the ctitisitlvrutitins and conviction which these occurrences have forced upon my iniud, I think I should have been one of the very last in the House to move for such a repeal. some may, perhaps, feel disposed to ridicule my motion : but for that I care not. 'I‘h:- ridtctt of such iorlividuals will, however, affect me but little. so long gs uy policy shall be flcct-plllllt to the people at large; and. In this instmee. I am persuaded the voice of the people will support ttie.—-The hon. member tlieti, in due form, moved the repeul ofthe said Clstise of the Election Law, and hi! motion was seconded by Mr. Mnonr .

Ir. MONTGOMERY. ‘Ills hon. the leader of the Go- veroinertt has thought proper, withottt any reason that I know of, to make a direct personal attack upon me, on the perfectly gratuitous supposition. that if such a tnemire as that of whic sit outline is given in His Excellency’: Message. had become the Law of the lead. I would have been a supporter and a de- fender of it. In reply. I beg leave to tell the hoti. rnen-her. that. in lilierslity of political sentiments. he can ju-tly claim he seperiuritv over me; and I defy him to prove,tliat I wmlltl, under any circumstances. give my support to such a llill for ttielhriitstlnn ctttis l-II.-«rive I-‘mi--histi. as that which. it sp

sesd 5 Hit Ear-ellon¢y‘o Message, the late Sir Dons d

" deevoeted to tiring into operation in this Colony; st _the_t I would support any other measure for the sbrnpstinn geurtsilmentef the ple’sIiliertiee. With respcrt to the

ll alluded to III ‘M Ofllgf, I have. no idea who framed rt; lhsd soprevlone knowledge of it; -ml. in act. I 300' II?- tlilrtg rants stimit it than wrist is disclosed re-rcctintt it. in Ho Eaeq|len_cy'_s Message. When a measure is evirlv utly for the public good. It shall have my support, with whnmunever it may originate; and I wall oppose everv measure the operation of which neeld, in my opinion. militate, in any way. Ittlinll tho general interests, and although it should procet-tl from those h when l have roost rciildesev, and with whom I thert-tore, generally vote, I will always decide for myself, according to my general estinists of the political characters of these who may have devised lt.er brought it ierwsrd. law as free to eaerrise at ewe jiidgtnent, and set upon, with respect to any

asetiee w leli aisy arise in the Assssihly, us any other triers-

efthelletiseeenpsssibly ssdlmestugslessynhstl ksswaetlsrnsstressss.srl'srwtist perpsss.ths us. the ladsr ef the Government has thought proper to hell us on sessnst ef the esarss,whlsh be has, nest auwsrruetsbly. sep-

rosed _I would have panned, had the Bill recommended to the

mtttrtll Government. by the late Governor, been imposed as a Law upon this Colony: end, with respect tothst Bill. I again rvpeul, that It. would never hail been ncquiaoo.-d in by m-; Itttl that I bc_|reve_th9rc is not one member of this Houle, if there be one individual in the Island by whom it would not have been repiidiated.

. on. Mr. POPE. When, at the late election of the Hon. Co- lonial Secretary, at St. Eleunor‘s. I iidvertsd to what I believed to be the character of the new Constitution which the late Sir Donald Campbell or his Cabinet had framed for this Colony, and sent ltrirrte that ‘it niigltt receive the srinctiori ofthe luiperi:tl Govertiinent and Parlirtiiisnt. Istiited my belief that two gentlemen. there present. who had been members of that Cabinet. had been accessories to the meztaure. ifiudced they had not assisted in framing it, and tlnit

believed. tltcy had lerit their servile acquiescence to its pritmiplea;

those gentlorrieri encountered trio with on air of defiance; they re- plied, thnt I had asserted wltnt I could not prove. and equivocuted in so bold n rnaririer, as I believe, to persuade some others who were present. that I had stated whrtt was not true. rind that there was no fuuiidati-in for such it char c. I certainly was not, at that 15'7"‘. prtrpriretl to establish, by any thing like direct or conclusive evidence, -uch as is necessary to prove a fact in it court of law, the collusory iruilt of those parties with respect to that design. as the case did not admit of it; although it was impossible for Inc to entertain rt doubt of it in my own niiiitl. I therefore. admitted that I could not then convict them by direct evidence, because (as told them) I was mit acquainted the secrets of their prison rouse. and norisequeittly could not reveal them to their condemna- WWI: hutl is Excellency’: Message has now, however borne out all tli.-it I then alleged. Will any one now doubt, that it Bill, by which the triajtirity ofthe people oftliis Colony were to have been robbed of the elective franchise, was transmitted to England to he passed into a law.’ So far as one of the parties is concerned, he will now no longer dare to deny his knowledge of tire fact. I erin establish it by iuduliitable evidence. although, at St. E|eanor‘s the parties defied the to prove, tltat they h.td any knowledge of euclt it ill. It was one which lntd, no doubt, cost its originators and rnrners iriuity anxious deliberations; and. in the execution of which they had expended much time rind labour; for its length was re- puted to be equal to that oftlio English ltefortn Bill. The late Lietitevinnt Governor, it appeared by the extract frotri his Despatch to Earl Grey on the subject of the Frnncltiae and Constitution of this Cflony. coiitziiried in His Eacellenc ‘ti Message, had cridcrt- votired to persuade that itoblerrisii, that the object of the Bill whic nccnrriprttiied the Dr.-spatcli wire to limit the Fruricltisc to a closer assimilation to the right of voting exercised in Nova Scotiu. 'i'hc mntimilatioii sought for, bad it been obtained. would have been an assimilation witlt tl vengeance ! It would have indeed very effectual- ly accortiplitthed the It'mr'lufiori oftlie frrincltise which was so modest- ly set forth as tho olijiect of the Bill; for it would positively lowerca- tricted the exercise of the franchise to frceliolders_ and have virtu- ally deprived of it nineteen-twcntieths of the people. or all lease- Ioltltml. Itttleus ll few persons who ltad been in posseuion of farms worth £800 eticli for twenty years. In Nova Scotia, the fraticltise is certainly lirnitiatl to freelioltlera; but then. almost every occupier of land in the Province is it freeliolder, whilst here the very reverse is the case. It was indeed irtost difficult to give uttcrxiitcc to the intense but hottest iiidigutttinn, which the discovery of so tichtritius csign rriust excite iii the bosnrii of every sincere friend of social or political freedom in the Colony. 'l'lic scheme positively ap- nrs to have been the most iniquitous, eotvardly. rind tyran- riicul that could have been devised by any rnnii or body of then ex- ercising the rzliiefaiutlttirity over frccrrten; and it can scarcely fail to link witlt infamy in this Colony. the hurries ofnll who, it may tip- ponr, were Cl'IlIt'el'I|42d in ctincnctiii ' As it inertiber of the late Goveruriicnt h:ts just tnkeri his seat (Mr. I’ulirier), I will repeat thttt Ilia Excelleiirzyht Message which is before the Ctitrirnittee, fully establishes the truth ofiill that I asserted tit St. l'Z|ouniir's with res- pect to the new Constitution for this Colony which the late Sir Do- nald Crirripbell or his advisers concoct no sent home to linvc used into law b the British I'rir|i.irrient, unknown to tho People of this f.‘olon_t'. tlicn snitl. that any tnerriber of the Government who ltrid given his sanction to that measure was rt traitor to his coun- try. iilthouxh I had not then the some positive knowledge concern- ing the nefarious design which I now possess; and now I hesitate not to repeat, that every individual member 0 that Govoriiuient who either abetted. or acquiesced iii the principles of that measure. was, in doin so, a traitor to his country. 'I‘li:it Sir Donald Camp- bell consulted his Executive Couticil collectively touching that mea- sure, luninet in a condition to trove; but that he had the assis- tance of at least one member of is Govcrnrrietit in the preparing of it. is a fact. which can now no longer be questioned. in i- vidartle. professing regard for the liberties rind general well-being of their fellow subjects. rind holding seats either in the Government or the Legislature, could, in on countr , be found to further or «motion a project for the political robbery rind degrndotimi of their fellow subjects, showed an amount of servile degradation not often met with in Colonial History. few amongst us, I believe. have been convinced. before the exposure made by His Excellent: 's Message. that so such traitors were to be found. either in the (no- verrirticnt or the gialriturii of Prince Edward Island, where free- dotn is so highly prized and equally diffused. The honorable mem- ber then proceeded to speak generally in favour of the measure before the Committee for the luxteiisioit of the Elective Franchise. and nrticuliirly in support of the motion of the lion. lllr. Colcs of the repeal of the Candidates‘ Property Qualification Clause in the Election Law. is Scotland, said the honorable member, there is no such qualification required b law; rind although that was the case, it was certainly not found, tlirtt the representatives of Scotland in the House of Commons were wanting either in ability or in iii- tegrit '; and in England, where it was notorious, that the property qtsali cation was often ovtided, it was tioiv on the eve of being abo- lished. It was there well known, that many it irtrin absolutely in ii state of bankruptcy might pretend to be worth three or four hundred pounds a year, and that there might yet exist no possibility of di- rcctly proving his insolvency. So lori as it llllln cannot carry his brains in his breaches’ pocket. the mere possession of wealth must be ncetiunted it very iiisuflicient qualification for n lcgisltttive repre- sentative ofthe people. 'I‘he exrsiettce of that quulrlicatiori. irtiglit occusicrally very unduly elevate individuals here, on well as in Ertglantl to the exclusion of better qualifir.-tl per-ens. In Prince B. Is- land, he had seen ttri old and highly respectable member of the As- seitilily draw from his fob a gold watch, which, he said, was worth £50, and Initial that [hill alone gave him a legal qualification to sit in the House. At that time. perhaps, there were not so many indi- viduals wearing gold watches here, as there are now; hut, no doubt, there are still smite who urrogantly place more dependence on the possession of the paltry £50 qualification, than any intellectual ca- pacity could confer. 'I' e possession of wealth could afford no evi- dence ofintellectual qiialificntione; and, therefore, it ought not be rriride the aoletout ofa man's fitness for it -cut "ti on legislative

‘I 5

lat-tl_v. But, although that quiililicatitin should be abolished, it would '

not follow. that any adventurer in destitute circuiiistutices would be returned to the Asseuibl . The necessity of being able to us- socinto with gentlerricii in the the Assenilily, on rt fooling of equa- lity, would inlcrpose ri barrier to the iiiribttion of arty man in that direction. who was not in at least cornfortable circumstances. And it was not so easy to obtain a seat in the Assembly. now a day, as sortie pcrsotis might think: it re aired much local itiflitcoce in a district to ccrnrriaod the rrulfntges of the people or to deserve their support. \’Vealth in individuals was tint, however, by any means to be despised. The lttltllltlloll ofit iii a country, by iritlivitluals composing its legislature, affords a guarantee, that they will favour and support roe.-isures for the public good; as on such rriorrsures the security of their own property depends. But. concluded the hono- rable riierriber, where til are so cotnprirutivcly poor as in this Co- lony. a very high qualification would exclude too many; whilst the retention of so trifling a one as that of £50, affords no guarantee, and is truly absurd; and, I think, the sooner this semblance ofit property qualification is abolished, and the candidate placed on the same footing as the elector, the better. (To be continued.) 9 IHIASZAIRIID S GAZETTE. TUE SDAY. APRIL 20. I 852. TH: Englisli Mui|,dae last evening, had not arrived when we went to Press.—Should any news of importance be received during the week, we shall issue an Ex-rrta.

MR. WHIIL.AN‘S QlIAl.ll"ICA'I‘ION. C’ : eluded

We stated in our Gazette of the 0th instant. that Mr. Whelsa in swearing oi: the 5th March, I850. that he had truly and bond flrlr ri reoliold estate. qunlif ing him for is sent in the House of Assem- bly, swore to that whic I was untrue. We will now examine into how far Mr. Palmer was justified in iinputing-—if he did impute- perjtiry as the necessary consequence of such iln set. In order to constitute the crime of perjury. the party must be fully aware, that what he had so stated under the solemn snriction ofsn oath, is un- true; and has with this knowledge ofltu ontnith. icigally persisted in stat:‘g it, with a design to deceive. Iftlien he s all have been deceiv himself, and has stated what is untrue while under a state ofsalf-dece loo. yet he is not guilty of perjury; and that this may have been i case with Mr. Whelari, is perfectjy possible. When Mr. Whelsn cents to Charlottetown. to It out or a living. he was, as ainet -nine out ofs o so are, e _ msn_—tio- tit’ to is diecredit—end may. from his oath u inexperience. so irly ssppossdinhsve hen little ssqlniylstsd with the law rs- lsting

to the tenure of real estate. e hsd never. as fir as we hit been able to learn. ot":isd a foot oflantl la his life. nor did he

bubly expect’: so short a time. to be u freeholder or owner of and iii an capacity; therefore. he was under no necessity o malt-

' {acquainted with the law on the subject. On aspiring to a seat in the Assembly, when told that he must have a lease- hold or freehold qualification, and not being able to procure them for himself, his friends Ilse and Dawson come to his assistanci. and the one gives hirti the former, and the other the latter of these requisites as they thought. and as ltc must undoubtedly linve also ltltlttosed. He is proposed and returned duly elected, and no op- position is made. Mr. Pulnter, it is true, threatened so to do. and put if we are rightly informed, rt notice on the Order Bot.-!r to that effect; but we will pass tluit b for the present. In the mean time. one of Mr. Wltslun's quali cations, the leasehold, ceases to be available, and he is lell. to depend upon the freehold he got from uwlun. A dissolution also takes place. and he rig-tin goes to tlte hurting: and is returned. and takes the freeliold qualilicatiuii ontli. llaving sworn to it once. of course, he would luive no liesitutinu in swearir to it again; no light had been vouclisafed to hint, and pt «.- bably conscious of his own ignorance, lie pittned his faith upon that of his friends, Cities and Warburton, who, of course, told him that it was nll right, and they would hear him tltrougli—tltat they were willing and able so to do, their itubsequcut enialurzt in the casts of Le Iacheur aburidantl pruvcd. Taking all those things into cori- sidcrulimt it is ib e. tltht W'lielun was so igiiontnt of nliat con- stituted rt freehold qualilieatinit, that he has unwittingly tnkoii in false oath, and yet not perjured liitrtself. Du‘. here we are bound to state, that n serious tlilliculty arises. Mr. Ptilrnor I|iI(I given no- tion, that he intended to qur.-etion \Vhelao’s quiilificrttiori; the public papers hutl more than hinted that it was imutlicir-iit. Was it not then the duty of Mr. Whelari to nralte such inquiry into the title, as would set the matter beyond doubt.’ A guiui-it to arty lawyer would have convinced Mr. Whelan. that he had no title tvli.-itnver to the lan ! any more, that Dawson himself lntd none! that the Sheriff's deed was of no avail, until it had been duly registered: and that Dawson's giviiigliiiii, \Vlteluti, the Slterill"s deed, and letting him itito poaacssiou was tvortli nothing at all. If Mr. Wire- lan neglected so obvious is duly, it was, to say the least of it. it most eulpublo neglect; and he has no right to be angry, if his false uwearin be termed perjur _ 'I‘hnt Wlielnn became aware after the Btlt larch. that there was sotiietliittg wrong, is clear and evi- dent; for we find liirri and Colon and Wnrburton. going on the sub- sequent 2«ltli of April to Dawson. for the purpose of lmving the traits- fer made on the back of the Sheriff's deed. For if \Vlir~lait's title were good on the 5th March, why take Dawson's lrarisft-r on the 20th April; but the rcrtsoii is obvious, so much noise liutli witliirt and without the House had been made with respect to John Le Lucheur. that they considered that it would be as well to have sortie- thing like rt conveyance to shew, if nt any tirtie \Vlielan‘a title to a seat should be dis utetl, and this makes it the more cer- tain, tlirit Whelun had no title at the tiitte he was elected rind sworn in; and that the title was in Dawson, up to the time of his signing and sealing the lruiiafer. t is. it must he confessed. tlilllcltll I0 irrtngihc. that Wliclan and Coles and Warliurton should have been so ignorant as to suppose, that the title to lurid criuld pass without l'| deed duly executed, an t at is mere utitlcrtcltirig to sell rind give a title when the money was paid, oori-tituted a title in i'sr.-ll‘; rttid yet we are driven to that conclusion; for if we adopt the contrary view of the matter, we ttiake \Vliel;iti guilty of perjttfyu null C“"~"' and \V:trburtou lending tlterniielves to it gross fraud upon, the Iloure of Airseriilily. \Ve are inclined to tltiiik, that the whole is the --tl'ect of that igriornnr-.r-,, WIlll:ll liriwrever touch it mar be to lie deplored, is the portion ofthe rniaisteriul rriujurity of the present lloulc of Assembly.