EASZAED’

Established 1823.

GAZETTE.

EAEMEES’ d®'@hMA.I.«:. AME ISCMMEECIAL AIDVEEEISEM.

Charlottetown, Prince Edward Island, Saturday, April 29, 1854.

New Series. ‘No. 133.

Issues-d's Gazette. CHOICE T. HASZ LRD, Proprietor and Publisher. Public ev Tuesday evening and Saturday morning. 05“, d.:Ids Queen square, I’. E. lsls_ml. 1.':lIl-Alnfll Subscription, 15s. Discount for cash

TIIII or envsaristlo. occup ingthe space of 4 lines, . Rl,aI.‘lll--—‘-llllQl,&-.--Iillndla . ues,de.—20 lines, As. iues,_ _ .- Nlines, 5s. 6d.—-Bdlines 6s.—erid 21-. for such additional

fourth of the above for each continuance. '

' ' ‘ " ' -illbeeontsnued

Ed.-

As

ntil forlid. LAND ASSESSMENT.

Treasurer's Office, Cberlcttetewn, I’. E. Island, nnusry I4, . IN ursuence of the Act of the General Assembly of) this Island, made and passed in the lilleycnt

year of the re" a of Her present Majesty, intituled “As Jet for evyingfasrtlier on Aeuunient an all Lands in this Colony, and for the encouragement 1‘ Education,” and of an Act made in umondment t ereto, and passed in the Twcllih year of Iler suid Majesty's Reign, intituled An cl to explain and amend the present Jot for the Jusssnent of Land, and the encouragement of Education, and also of an Act made and passed in the Fifteenth year of Her seid Majesty's llei ri, intituled .dn Act for the eiseourngeieenl o ' aeolian, and to_rut'se Fund:

101' P‘

meat on Land is the said Island and on Real Estate in Charlottetown and Common, and George- loisn and reason :

I do hereby give Public Notice that I have made Proe|ametion',eccordi to the terms of the said Acts, of the iindermention Town Lots, Common Lots, Water Lots, Pasture Lots, Islands, and parts of Townships in this Island. in arrears for the non- payment of the several sums us an owing thereon to Her Majesty. under and by virtue of the first mentioned Act, viz :

acaxs. Ancxs. Township No. l, 4157 Township No.49, 233 " 8, I948 " 52, IIO9 “ s. sin -- es. iooo “ 9, 5000 " 54, I273; " I I , SIM " 55, 765 -- is. iooo -- s1. 43! -- 11. to; 4' cs, coo " I8, “ 60, I900 -- ao, scoot " on. em -« as. as; - . 1228] “ 24, II I s Isl ad, 8 “ 25, I067} Governor's Island 800 " 26, 5261 Savage Island, 150 " 28, 456} Kildsre Island, " 81, 728] Cavendish Send " 82, 29851 Island, " 88, 288 Csscumpee sen " 88, I088 slend, 500 " 89, 800 I"ish Island, I50 " , 985 Bedford Bay Island, so " 4|, 984 Savage Island, 25 " 41, 442} Prim Islands, 66 " 48, Mill Pownel Island, 45 " 44, 2009 cosa Island, I " 46, 850 York River Island, 4 “ 41, ISI7 Sandy Island, 80 " 48. 2| Enmore Island, 10 first Hundred of Town Lots in Cherlottetowri.—l-2

of No. 41. Second Hundred,-1-4th of No. 68. fourth Hundred ,—No. 40,;-4 of No. 00. Pasture Lots in Charlottetown llsyslty,—l-1 of Ne. 12, end 1-! of No. 288. Town Lots in Georgetown: No. Range, Letter. No. llenge, 8, 2 G, of 3, 4 IO, 8 B, 18,

I5, 4 F,

Water Lots in Georgetown.-No. 10. Pasture Lots in Georgetown ltoyelty,—No. I5, I86, I06, I88, I-8 of 243, and 290.

Town Lots in Princetown :

Letter. A. ‘s

No. 6, ow . Division 1, Letter B. I, do , do 5, do C. I, do 4, do 1, do D. I, doll), do 1, do J. 4, do 2, do I, do B. 8, do 8, do 5, do C. I, do 5, do I, do 3. I. do 7, do . do G. Pasture Lots in Prinoetown Royalty-8-4 of No.

Ill, No. 140, end 1-! of No. 457. And the owners ofthe said Lots and Tracts of Land seia arrears sud proclaimed as aforesaid, are hereby .M;fi_A e. - .s_ L J .a_ I‘

said, ether with the costs whilih have been incur- red, amt not be paid before the next Easter Term of the Supreme Court of Judicature, to be held at Cher- Ioteetnwn, which will commence on Tuesday the Id day of May nest, application will be made to the Se- preme Court, during the said Term, for Judgment ageilnet the said Lots end Tracts of Land. respec-

STEPHEN RICE, Treasurer.

MAILS. HE NAILS for the neighbouri Provinces, to. will be forwarded on ends er the 15th Dsesmher instant ape Traverse end Cape ‘Tormentise.

They will be made up on that day, end ever fol- lowing !'ridey,st 1! o'clock noon,end I me! for England will he made up every week at the same time. and forwarded to Halifax.

THOMAS OWEN. Postmaster General.

General Post Ofloe. Dec. 5. I858.

~ etown Malls. ' I Isllsfer serfatewa will, during the re- me is due of tin W eter end until further notice, Os made up and forwarded every Tesedpy and Friday garuqieg. at nine o'clock, instead of eedsys and r a. , THOMAS OWEN. Postmaster General.

General Post Olae, Jae. so. ll“.

rutsou anwann IILAND ALMAN ACK

- , _ FOR 1354. F L" i’ am. 1-. miszesn.

IINIATUIII l LIIENICSIB.

us: le|seiIev"'hs etsekeffleaes sal&e."°.md pleildd Leek- "‘ "' by tor side tun.

W.C.HOIH.

LEGISLATIVE OOUICIL CEAXBIB, Tanner, April 18.

ADDRES TO HIS EXCELLENCY ON THE STATE OF THE COLONY. (Continued)

The Hon. Mr. IIOLL‘—I rise to second the motion of his Honor. Col. Gray, as I consider the sub'ect brought before the Council by his Honor apt.. Swubcy a direct interference with the privile ‘s of the House of Assembly, end an nltogct er unconstitutional proceediu . I am the more surprised at the course his onor has taken, as his sentiments are greatly at vari- ance with those entertained by him on a former occasion, and which I will, with permission, read an extract from a. speech of his Honor, delivered in a debate on tho qucstion of paying the Members of the Legislative Council in 1848.

"The Legislative Councillors were not sent there as the members of the at or Home were, to repre- sent the local opinions end wants of particular dis- tr' . Were threir lloiiors to suppose so. or act on that supposition, they would place themselves in u very It s position. The duties assigned them b the constitution were dissiniilnr. Each individual member of the lower House is presumed to know and carry out the views ofhis constituency, so in this way the whole ofa country may be said to be re re- sented. It im cses, however, on each indivi unl member the necessity of his devoting the whole of hie time end talent for the advancement of the an- ticuler locality he site for. His sphere, there ore, although he had a voice in the Councils of his coun- wns, ton certain extent, circumscribed;-—the duty of Legislative Councillors was of it somewhat diflbrcnt kind; it was more their’: be imagined to review the ditfsrcnt and not uiifrs uently conflicting views and opinions of the several members ofthe lower House, and then to decide on them; and this, from the position they occupied, from eir no having mingled in the exciting scenes inseparable from popular assemblies, and being free from the local interests and prejudices ho had alluded to, they were enabled to do so with that calmness and dis- pemion so essentially necessary in the enacting of

ewe, which had so powerful a tendency either to ad- vance or retard the prosperity ofa country.”

It is quite evident from this extract that his Honor is travelling beyond the limits he has laid down for himself, and according to his own doctrine, is interferio with the privilege of the other branch of the legislature. His Honor has alluded in his Speech to our not haviu brought forward the measure which occasions the return of the present majority of the House of Assembly, namely to exclude certain Salaried Oflicers from holding seats in the Le islature. I conceive it is not for this branch of t e Legis- lature to dictate to the House of Assembly, the precise moment at which it shall bring that measure forward. I consider that is for the majority of the Reprcsentetivos of the people to choose their own time and the public conveni- ence, in intr ucing that measure, provided they fulfil their plcdgc within the term of their

r iauicntary career. Tho interference of the

ouncil is altogether unconstitutional and I maintain that if the pro sed Address he acted upon, emanating as it oes from the nominees o the Crown, Responsible Government does not exist in this Colony ; and that his Honor's views expressed as they are in the speech 0 which I have drawn your IIonor’s attention, are altogether in opposition to the principles by which he is governed in bringing the present matter before this Council. 11 support of the position I have taken, I will now draw the notice of your Honors to certain assn es ofn work I hold in m hand entitled “ the British Constitution.” 0 which Lord Brougham is the Author, and I think you will allow such au- thority to be ood. He writes as follows: “ The ruling Powors arc thrcc—Tho Soverei n —the Lords—and the Commons; of whom t e Lords represent themselves only,—'I‘hc Com- mons re resent their constituents, by whom they are or each Parliament Elected." I must here remark, that it is comparing smell things with cat, to draw a comparison between our Lcgis ative Council and the House of Lords, we are indeed but it feeble representation of tho “ Lords" of Great llritiiin. Lord Brougham goes on to say, "Its Veto (the House ol' Lords) u n all mea.rur¢.i that pass the Commons, the weight derived from its judicial functions, its general suporiorit in the ca city and learning re uired for excel ing in do to, its more calm do berations on all questions unbiussed by mob clamour, &c. give the upper House an extraor- dinary influence on all questions of national conoernment.” Another point, on which the Commons claim the exclusive right to begin measures, relates to the election of Members, they hold that the House cannot part with this to any other body; and further, they will not suler any Bill touching it to begin in the Lords.” I therefore conclude, that the course His Honor is pursuing is out of place, and that the matter should originate wit the House of Assembly, and that our rt is to judge such measures on their respective merits, when they come before us in due course, opular mea- sures emanating from that Branch may then be fully discussed by ourselves. Inow turn to his Honor’s observations on the lprosperit of tho Colony durln the term his onor on his Colleagues held t c reins of Government. To attribute that pros rity to them, or to any act of theirs, with all eference, I must say is “ an argumentum ad ebeurduin.” I will not at- tsmpt to deny that the Colony did flourish du- ring the time of their administration, but I cannot admit that the im rovcment was attri-

but a extrecr nary dis- coveries of Gol thin Australian Califor- nia, which stimulated every branch of Commer- cial industr , and caused the tincreess in the value of’ Shipping which occasioned so lsr e flow of capita to this part of the worl , under any administration such results ni have ensued, and the tincrease in the love- nue was occasioned y causes altogether inde- pendent of the Government, and, therefore, for the late Government to take credit to itself for the financial improvement of the Colony, is an utter absurdity. I am certainly not prepared to allow, that be late Government, of which his licuor was a Member, was equal in its lnfiuanea It ttiaflold Miles of Australieaadfillfiinla,

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b this to anything a ho

however greet their virtues may have been. I now come to ii. principal hit in his Honor’s argument, name , the in 1-action of the do rt- mantel sytem of overnmont of which we ave, in his estimation, been ' Now I must beg his Honor to point out the law in our Sta- tutc Book, which refines distinctly and clearly, the ofiices in uestion. I deny that any such law exists, an until it can be proved from our Statute Book, that in our appointments we have departed from the course prescribed therein, 1 must contend that the present Government has not rendered itself liable to the aspcrsions cast upon it b his IIonor Capt. Swabcy, his Honor talks of the unfortunate situation of the Colo- ny occasioned byits present re resentation. it be in such a state, it is to c attributed to another cause, namely the obstruction of this Council to the measures introduced by the House of Assembly, it is quite evident by the treatment I have received in my moving in these measures. Here,I conceive, is the rue position of the case. Here we have a body irresponsible to the people obstructin the hu- siness of Country, and whatever on conse- quences may arise I hold this body to be res- ponsible for them. I must say, that consider it n fiictious opposition. The part of which the present Government is compose , has a large majority in the House of Assembly, and it is the fear that this party may become too popular for their adversaries if unintcrupted, which induces the minorit of the Represen- tatives of the people to fal back upon the Council and to rely upon their obstruction and opposition.—I.et but the present Govern- ment nnd the party by which it is supported, bring forward for the good of the country. the measures which they contemplate, and it is quite possible. that, our opponents may have

wait four—eight or per ops twclvc curs before the reins of Government will fiil into their hu.nds.—The present Government is honest in its intentions and consists of honorable men; —ns for myself, I hold not, nor ever have hold an oflice of emoluinent, I have never sought for oflicc, and have never received a sliillin of the Public money.—'l‘_he emoluments of o _co pre- sent less attraction for me, than the desire to promote the best interests of the people. shall be rewarded if successful in my attempt at accomplishing that ob'ect. With these views I shall oppose the Ad ress—I consider it an unconstitutional interference, and tondin tochcck the progress of measures calculated to benefit the colony, and I therefore second the motion-—“ that the President do take the Chair.”

The Hon. Mr. Jcssrti Hs:rhr.i:v.—-I regret that I, as well as the mover of this Address, should be labouring under an hallucination, as stated by his Honor Captain Gray.

The Hon. Mr. GRAY.—l beg his Hcnor's per- doii, lcannol accept the title he has been pleased to give me, for I hiive no right to it t is true, I was a Captain in Her M2ijesty’s Guards, but ceased to be so several years ago, and, therefore, I can claim no Military title, or rank whatever, unless the appointment I hold as Lieut. Colonel in the Militia of this Island, confers it.

The Hon. Mr. Josi-rru HE.VlSLliY,—I am sure that Ibeg his Honor‘.-i pardon for the mistake I have made, but his Honor’s onslaught, on the Speech made by the hon. the mover of the Address, was so impetuous, that I trust I may be excused for having supposed that he still held rank in the Cavalry. However,I diller from his honor, as to the propriety of the course, now proposed to be adopted by the Council. Ido not think, that in taking up this Address, we are assuming to ourselves, a jurisdiction which we do not properly possess. It is absurd to suppose, that a body having a voice in the p:is:ing or rejection ofevery measure, should not have the right to resolve itself into a Committee, to take into consideration, the state of the Colony for which it has to Legislsie; and, if necessary, to make such representations on that state, as it may deem necessary. It cannot, with any show of reason be denied that the system of Govern- ment introduced in 1851, and since then until very lately, acted upon as closel its circum- stunces would permit, was that icpnrtiiienuil oflicers should be taken from the Legislature. True it is, that there is no ex ress statutory enactment ordnining that we shall be the case, but the inference to that effect, is clearly deduciblc from the wording of the preamble of the Civil List Bill passed in 1851, which refers to the Ros nsihle Government sought to be introduced into this Island as similar to that in force in Canada New Brunswick and Nova Scotia, undoubtedly the Departmental System. It may perhaps be alleged, that when I was appointed Attorney General, I held no sent in the Legislature. l‘his arose from an unavoid- able necessity at the time, because there was no Lawyer in either House, on whom the ap- pointment oould be conferred. But every effort was made to sup ly this deficionc . I contested the Election at cci'gctown,nnd did so honor- ably, and am not ashamed of acknowledging an honorable defeat. I was subsequently up int- sd to this Board, so that when the Legis more was in Session, the oflice of Attorne General has been held by one of its Members. maintain than that the Do rtmental System haviu been established b t c vote and consent 0 both branches of t e Legislature in 1851, has been tinveriably recognised since, and has actually

come our form of Government and that the Government of the Countr has no business of its own will merely, to ma c any fundamental change in it, without the sanction of this House, and the House of Assembly. Before the change was made, they should lave carried resolutions, if not enactments, nuthorisln it. But how does the case stand at present! by without any such authority, a Treasurer an

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rather a curious bot however, that the princi- l Collector of Excim is still a member of the ear House. His Euoellancy in his Speech, at the openin of the Session, referred to an Address whi ha amtsd had been presented to him by cerhin members of Assam- py, nesting him to have an early meeting is use, in orderhylepl easeesmt,

to exclude do tmental ollicers from the Le- gislature. is Honor Mr. Hall says, no on- actmeut is necessary for that purpose, bu nevertheless as the mejori of the Government to which he belongs, signs that requisition, I consider we cannot do otherwise than conclude that as n bod when they came into oflice, they either oonsi cred or professed that they con- sidered such an enactment to necessar . Otherwise the statement that the thought t a House should be convened for t c urpose of passing that enactment, resolves itsc f into an unfounded pretext made for some interested urposc. But how has the Government noted! The House has been between two and three months in Session, and yet ;they have not even submitted a resolution to us on the subject, nor do I think any thing has been submitted to the House of Assembly. But a new light has broken in upon them, they now ea we find all the changes we went can be me a without a legal enactment. See, have we not acted up to our litical creed, and excluded from the Lcgis aturo all departmental ollicers but the Colonial Sccretar and Attorney General? We have been faith iii to our rofessions. They have, however, had no settle system, but have acted under one system, and then under the other, as it suited their own pur sea. They commenced by ap intiag mem rs of the Legislature to be olonial Secretary and At- torney General and then they! oflbred the Trea- sury, to a ember of this ousc. How does that agree with their creed? .,L'I‘hat offer how- ever wtis not accepted, but if it‘hnd been, I am confident that we should have seen a member of the House of Assembly appointed to the oflice of Solicitor General. Afterwards, it sent in the Legislative Council, becoming necessary, the old idea of purifying the Legislature forsaken for a time is revived, and a. gentleman formerlya member of this House. having resigned, reccivml the appointment of'l‘reasurer. And so atlust they are beginnin to act a little upon the system with which t eyl professood to commence. I conceive that this ousc has a. perfect right to pursue an independnnt course in Legislation an to exercisc and maintain their views in some cases even tho’ in opposition to the other branch of the Legislature. Where a. majority of the people clearly demand a. constitutional change, I think, we ought to listen to them, and as far as I am concerned, even if my own opinion was a little adverse, I should as a. general princi- ple feel a desire to concede the point. Butl do not think that the alteration in the form of Government lately made has been called for. Inccd not again state my reasons asI have done so on a former occasion. Ilia Honor Mr. Hall says that measures connected with change in the constitution should emanate from the other House. it so, we are not now emanating any measure at all. We are simply remonstrating with his Excellency against the course pursued by the Government in mnkin a chan of system without the authority of the

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Legislature or any good reason shown. Before we change it s stem, we ought to have proof that it works dly, and that the system pro-

escd to be substituted for it works etter.

he country has never been so flourishing or advanced so rapidl as it has done within the last3ycars. Far c it rom nu to say that this is owing to the Government of the country —it has been princi lly brought about by the bountcous hand of rovidcnoe in bestowing up- on us abundant harvests and mnny other bless- ings which we have enjoyed, and for which we cannot be too thankful; but than it cannot be said that the declining strata of the country has been we as to make a chan ne- cessary. No ground for a change in the system has been shown. It ispcrhaps said, that t e corruption was so dreadfu , among members of the lcsislature under the dc artmcntnl system, which allows them to hold ogcej that a change was necessary to dprcvent it and bring about a purification, an to render public men, more upright and disinterested. am not aware that such fearful corruption did exist. But let us see how it is proposed to be remedied. The system, the adoption of. which is sought liar, is suiiicwliat similar to that in force in tho United States, except that in the latter, the system is much stricter, as all salaried ofliccrs without any exception, I believe, are excluded from both branche_s of the legislature. Let us