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CHARLOTTETOWN, SATU RDAY, FEB RUARY

- m. 111.] In”

- COLONIAL LEGISLATURE. in this Colony, it does not appear to this House thaf the said \Vill‘lam ,7 __ . Cooper,.Esquire,inade any efi‘ort or attempt to prosecute any of the said (Preceding, of flaming, February 10, continued) ’ matters 1n the Imperial Parliament, or even to lay them before the said

;‘ Mr Rae moved the following Resolution :— Resolved, That it is the opinion of this Committee, That the Despatch * :I'rom the Colonial Secrets: ,as to the Bill for the relief of the American *5 "Loyalists and disbanded 'lroops, be referred to a Special Committee, to g."n'eport thereon, by Bill or otherwrse.

A Mr. Goa-Air asked what new lights Were to be thrown on the ' :question. How are we to expect the Bill will pass? Although he was ready to vote for a bill providing for the reliefoftlie American

loyalists, he did notcxpect uch a bill would be finally successful.

Mr. Lottowon'rn questioned the utility of reviving such a bill. "The royal assent had been refused to the measure. It was contrary

L :m‘ the roan instructions to agree to the Resolution, and therefore it must go for nothing.

Mr. l'ALusn acknowledged that he was one of those who had been impressed with the idea that sortie of the American lo ah'sts , ’Jta’d'beou deceived. He believed some of them had been- iardly » -uaedJnn others had been imprintors, whose claims were wholly unlimnded. -W~lintever claims, however, remain, whether good or 'bad, are not likel to be granted. He ,formerly said he would be 'much surprised i Inch a_bill should be sanctioned at home. Iflion. !_ imemberpt have any new scheme ofl'ering a remedy, Without an

aecornpnn ing- evil, let them make it known, before we are com-

ellerl again to traverse the ground we have alreain gone over, step

Ev step. The governor, by the royal itistructionspwns precluded

from sanctioning any bill embodying arty one principle of that bill

to which the royal assent had been already refused. lflionourablo members still persisted that there were any individuals among the loyalist claimants who at this day were entitled to land, it would be cheaper for the country to vote it few liuudrtd pounds for that pur-

pose, and thereby set the matter at rest: ‘ .

Mr. MACINTOSH thought the bill, With some slight alterations, might et he succespful.

Mr. E LACIIEUR said he thought the House need not wonder at whatever the honourable member for Charlottetown might oppose. If he would have been surprised if the bill of the last session had

1 been sanctioned at home, at what would he not be surprised? He seemed ambitions to “out-herod Herod." He would not only - destroy the babe, but shew no mercy; to grey hairs. The cause of ‘ the American loyalists, be (Mr. Le nclreur) said was not yet to be . abandoned its hopeless. Something might yet be done 'to redress their grievances. , _ _ '

Mr. Ru: admitted that in legislating upon the subject this session,

' it would not be pro er to bring in it bill in all respects the same as

' : that ofthe last session. He thought a bill it little altered, accompa-

« tried by an Address shewing the futility oftlie objections which had ~ been made to the principle of the proposed measure, miglit' yet ' secure its ultimate success.

The discussion upon the Resolution at this time before theHouse,

~ though warmly and ably maintained, and a subject ofinucli interest

to many, we are, from want of space, compelled materially to

abridge. I I

M r. RAE concluded his support of the Resolution by observations to this effect: The individuals for whom relief was sought, had done everything for themselves that lnynn their own powor, while a dollar remained in their purse. He said we are here to represent and do justice tit/the people, and we will not give up the pointbti account of such a refusal as we have met with; but in reviving the bill we must endeavour to make it unexceptionable in point of form. a

After Mr. Palmer had risen to repel an assertion which had been

,IL-ie negating the amount oftnnuey said to have been subscribed b the American loyalists, in the year 1803,10 send home a certain individual to advocate their claims; and Mr. Rae had explained that be had not been air the Island at the time, but that he had received his information from a person who was not very liable to mistake, and that he knew one individual alone had sub- scribed £‘20; Mr. Rae's Resolution was submitted to the vote, and carried in the affirmative.

' 011 the decision of this question, the Committee rose, the Chair‘ man reported the Resolutions, and obtained leave to sit again.

The Speaker having taken the Chair, the Report oftlie Com- mittee was brought up by the Chairman, consisting of the following Resolutions: ‘

1. Resolved, That it is the opinion of this Committee, That a. Bill be brought in for regulating the Fishery Reserves, embracing the principles of the bill assed by the House of Asscinbl 'in its last session, for: that purpose.

2. solved; That it is the o iniori 0 this Committee, That the proposals made by G R. Young, Esq._. 0 Halifax, as Agent for, or partner with, cer- tain proprietors or land speculators, are inadmissible—First, because if the ofl'ers made had been equitable, they were only made by a few, and wanted that formalit necessary to warrant the House ofAssernbly to make them matter for eliberation and enactment; Secondly, that they are not calcu- lated to afford relief to the tenantry, but to empower the lessor with more ease and facility to deprive and dispossess the cultivator of his improve- ments; and, finally, that such proposals betray an entire ignorance of the capabilities and resources of the Island for the tenant to realize the sum required, and a total ' regard of the rights of the inhabitants to aspecdy, equitable and permanent settlement. ,

3. Resolved, That it is the opinion of this Committee, thatn Special

‘ Committee be appointed, to prepare the draught of a Petition to the Im-

perial Parliament, setting forth the nature of the grievances under which

tbeagricoltural r'r ' of this ' ' “ new ‘ L ' praying for the

_, redras thereof.

4-. Resolved, That it is the opinion of this Committee, That the Des- etch laid before this House by the Lieutenant Govemor, from Lord John finssell, Her Majesty’s principal Secretary of State for the Colonies, of the 17th of September last, together with the Bill passed by the House rf

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Assembly in its last session, to which it refers, be referred to a Special .

Committee, to report thereon, by bill, bills, or otherwise.

The Fifth Resolution was that relating to the Loyalists, as copied above.

The First Resolution being again read by the Clerk;

The Hon. .I. S. Macdonald moved, in amendment, “That a 'Committee be ap ointed, to prepare and bring in a Bill to regulate the carrying on otPtlie Fisheries on the coast ofeacb Township in this lslaud containing a Fisliei’y Reserve."

.It was contended by the supporters of the amendment, that'tha Fishery Reserves did not extend to the shores of harbours, creeks, armlets oftlie ea, or the mouths of rivers, nor were they meant to include salt mirshes, but must be confined to the out coasts-of the Island.

Those who supported the original resolution denied that the Fishery Reserves were restricted to the out-Coasts of the Island, but a plied to harbours, creeks, and armlets of the sea; and that or the encouragement of fishing, it was absolutely neces- sary they should do so, as otherwise fishing could. not be pro- secuted to any advantage. There were some among them, how- ever, who seemed to admit that the salt marshes ought not to be “included in the reserves; and that the reservations should be made from lii li-water mark. '

Mr. uouson said, that to insist on passing abill embracing the

. .same principles as the one oflast session, was to say that We were determined not to come to any arrangement on the subject. He . should support the amendment.

The amendment was lost, on tlte following division : Yeas- Hon. 1. B. Macdonald, Messrs. Thomson, Arbuckle, Hudson, Palmer, Irongworth, 6. Nays—Messrs. Corinna, Fraser, D. Mac- ;lonitld, Macintosh, Rae, Le Lachcur, Maciarlane, Clark, Macncill, Montgomery, 10. ‘ . ’ _

‘The Resolution, as reported from the Committee, was_tlien put and carried, ten voting liir it, and six against it. h I

The question being then put on the Second Resolution (re ‘urh. .ating the proposals tirade by certain proprietors through . it. Young, Esq.) it'was carried by a majority of'eleven, l4_voting for it, And Messrs. Palmer, Hudson and Longworlh against it. .

The Third Resolution (for referring Lord onhn RussellsDes- patch, on the subject of the delegation, and the Escheat Bill of last session, 10 a Special Committee) being again. read .by the Clerk;

Mr. Palmer moved, in amendment therein, that after the Word- ." Ruched," all be struck out, and the following substituted :—- V

1“ That in reviewing the Report of the proceedings of William Cooper, n.5, idgkgesazappdnted this‘ Home to represent o the Isaiah ’

, mealtime-ohm» been low a new .06 rum-on .-

Parliainent, although the same was in session many weeks during the abodeof the said William Cooper. Esquire, in England, on the subject of his mission, and although full authority was giVeii him, by a Resolution of this House, in its last session. to ado t such a. course ifit became necessarv, _ 'and alth0ugh all ovidencethatthis ouse could supply, together with ltill iiistructionslo prosecute such a measure, and ad uate mcaiis provided to carry the same into effect, were afforded the said \ illiam Cooper, Esquire 3 nor does there appearto this House, from the said Report, any causes or reasons, sufficiently well grounded, as having prevented the said William Cooper, Esquire, from pursuing the course assigned to him by this House."

Mr. Ls. Lacnnon, in defenceoftlie delegate. said, he believed

the Imperial Parliament, til the time the delegate was in England, ‘did‘ not continue in session long enough to afford liiirrn proper opportunity tiir making application to them. He did not pretend to 'auy that the delegate had done nllthut be, (Mr; Le Laclieur) if iii the delegates place, might have seen proper to do; still be main- tained that the delegate was in no way open‘ti censure for neglect ofduty in the discharge . ;Wiui6n2"‘ " m ' . Mr. Srinast said,- he been called uponito exonlpate himself from the charge of neglect ofdtily, in his capacity of delegate, when in England, in not having made application to the Imperial Par- liament. The flit-t was,1liat Parliament was prorngucd before he had anything to lry before them. Had he waited for the i'e-ussem- bling of Parliament, he would have been detained in England titilil nearly the time this your at which he arrived there last. year. This consideration, and the additional one, that to bring the matter before Parliament, the presence of n-dclegate was not requisite, had llttltlt'etlvllllll, 0’ his finding he had nothing further to cxpcct from the Colonial O'Hice, to adopt “hat he considered to be the wisest course—to hasten again to present liimsclfbefore his coit- stitnents.

Mr. Ru: characterised the amendment proposed, as unwise and unnecessary, in this stage oftlii: business; for, by adopting it, the original Resolution would be defeated.

The House divided on the motion ofamendment: Yeas—Messrs. Palmer, Hudson, Thomson, Longworth, Hon. J. S. Mncdon: id, 5. Nays—Messrs. Fraser, Gornian, Mitcneill, Rae, Macintosh, 1). Mucdonnld, Lo Lacheur, Montgomery, Clark, Arbuckle, Dalziel, Macfarlane,12. So itpasscd iii the negative.

Mr. Hudson then moved, in amendment to the said Resolution, that after the word “ Resolved," all be struck out, and the follow- ing substituted :—

“That the questions between the Crown and the Proprietors of the Township Lands ofihis Colony, and between the said proprietors and their tenantry, which arise from the construction of the conditions of the origi- nal grants from the Crown, and generally upon the forleiture of the said grants, for the non-compliance of arty ol the said conditions,and which questions have been so long subjects of public dispute and controversy wrth many of the tenaritry of this Colony, are abstractly, and mainly, questions to be decided by conclusions of law; and that arty law opinion on such questions, obtained from constitutional authorit , or from Counsel ‘of competent ability, iii whom the said teiiaulry could confide, as being wholly disinterested in, and unprcjudiced by the case submitted, would be highly important to the said tenantry, and fully acceptable to the public, and could not fail to have great influence on the conduct of the said lenantry in any further controversy or discussion on sdcli subjects.”

Mr. PALMER said, he felt disposed to second the mnendineiit. It was the duty ofthc delegate, when in Eng‘and, to obtain 11 sound constitutional lawyer’s opinion. What could have greater weight in bearing upon the question ? He was ainplv provided “it”! means. The excuse he ind offered was not sufficient, and ought not to be accepted by the House on the part of the Colony.

MLAanucxu. said,'iliat although he halt «firmed the for-mer— ainondrnont, Iic felt it his duty to support this.

Mr. SPEAKER, in'explanatiou, said, that for the present, he Would merely observe, he lind bccti assured in London, bv two legal gentlemen from NoviiScotin, that it would be useless iiir him to seek a Counsel's opinion, without a copy of the Island Laws to lay before liitn. Ho (Mr. Speaker) would at a proper season answer more fully for himself.

The House divided on the motion of amendment: Yeas—Mr. Hudson, Hon. J. S. Macdonald, Messrs. Arbticklo, Palmer, Long- worth. Nays—12. So it passed in'the negative.

Mr. LONGWORTH said, as the last motion was lost, he considered it his duty to submit the following to the House, as an amendment to the Resolution reported from the Committee 2—-

That after the word ‘Resolved,’ all be struck out, and the following substituted :—-‘ 'l‘hat while this House duly ap reciates the undertaking of William Cooper, Esq. the delegate appomte by this House, in its last session, to discharge the trust rcposed in him by this House, personally to represent the grievances of certain of the teuaiitry of this Island to Her Majesty’s Ilorne Government, and to obtain for them redress, this House cannot, in deliberating on the result of his mission. refrain from viewing with deep regret and equal disappointment, the omission of the said delegate to pursue that part of his instructions requiring him to ap; ly to the Imperial Parliament for redress, or even to procure a competent law opinion (while provided by this House with ample means for such pur use) upon the queso tions which have so long agitated the minds of the sai tenaiitry—or other- wise corning to the conclusion that the said delc ate was decided] 'of opinion thatcither course could not have been atten cd with any bcncli). or advantage to the Colony.

Ilc (Mr. Lopgwortli) admitted that it would linve been more proper to have brought forward this amendment when the House was in Committee, when the Speaker would have an opportunity of re, lying to it; but the Resolutions proposed nttd agreed to ill the Committee, had been carried with so much preripitnncy, that there had been no opportunity to bring forward nnv amendments.

Mr. THOMSON said, as the amendment embraced opposite prin. ciplcs, to one of which he was. opposed, although in antiur of the other, he could not conscientiously vote upon it. He had, therefore, now no other course than to retire behind the bar.

Mr. ARBUCKI.£ said he Wits iii the some perdicament its the hon. member for Georgetown; and must for once follow his example.

The Honsetlien divided as follows: Yeas—Hum] S. Macdo- nnlrl, Messrs. Palmer, Hudson, Longworth, 4. Nays—l l.

The question having been put on the original Resolution, it was carried, on the following divisior1:-—Yeas, ll. Nays—Messrs. Longworth, Thomson, Arbuckle. Palmer, Hudson,5.

The original Resolution, ns reported from the Committee, was then carried, on the fullmvtng division :—Yeas, 1‘2. Nays—M essrs. Thomson, Palmer, Hudson.

The fifth Resolution. relating to the loyalists, was then read, and the question thereon having been piit, was carried iii the affirmative, on the following division z—Yeas, 14. Nay, Mr. Partner.

Then the House adjourned. -

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TUESDAY, February lltli.

Mr. CLARK maved, that as the Speaker felt aggrieved at certain aspersions which ,be considered the amendments proposed the day previous, by Messrs.'Pn|mer, Hudson, and Longwnrtli, conveyed against him in his capacity as Delegate, that he may have leave to lay his defence in writing betiire the House to-morrow.

This was opposed by Mr. Palmer, as it violation of the 13th Standing Rule of the House, which requires it day's notice before anv new matter is introduced.

r. CLARK denied the applicability of the Rule to the case in point, as it was conticcted with a subject already before the House.

Mr. Aasuchr: was ofupinion that the course the Speaker seein- ed anxious to pursue was not according to parliamentary usage.

Mr. CLARK said he was aware that the olfcnsiVe amendments had been Itth ; but the Speaker had felt liiinselfnggrievml by the manner in'which they had been brought forward ‘, and it was due to him. and to every other public man, that, when his public conduct was arraigned, and the arraignment was to go fprtli 111 the public, he should have full and fair opportunity for Vindication.

Mr. PALMER said, he was surpiised that any hon. number should maintain that this Resolution was put in a parliamentary \vay._ Ifit were'u matter ofprivilege, let it be tnken’ tip as such. Ifinqniry be intended, due notice should have been given. lfii‘ more arbitrary proceeding were intended, he knew the opposite party were nume- rically strong enough to carry it. They might do‘so, but he would

, not}!!! that account omit to oppose them. He the road the propo- .g red amendment, and denied, that it. either personal yea-shut “no.

the Speaker,'or could be construed into an breach ofprivilege. He also read the second amendment which ha been rejocted,and won. de-red how [it could be said to have any connection with a breach of privilege. Certainly, he said, it contained many stubborn anddilr agreeable truths, and on that Jt‘t-titltll it might tvell reuse the feelings of their late Delegate. He (Mi. P.) then read the third rejected amendment, and asked ifthii mover ofit had been iiilt ' of: breach ofprivilege by stating wbut duties he considered tad ' emitted by the Delegate. _ The amendment was intended to shew the “still- ty of an application to Parliament. The opposite party may, bow- cver, as they have it in their power, vote every line an insult, and every :tssage a challenge. He said he again repented, ifit be coll. sidcret a matter of privilege, let it be taken it as a matter ofpri'vil- ego. lfinvestigutiori into the conduct ofthc clegute be intended, due notice tlrereofmtist be given. , _

Mr. SPEAKER oberved, that as these amendments had not been brought forward in the Committee. lief had not had an ‘np’ ‘rtunity to reply to them there ; and, when in the chair, lie was 2 e'ctually debnrrcd from the privilege. The amendments were to go forth to the public ', so ought his defence. A

Mr. Loscwonrn said, they had been afi'orrle'd no time to briii forward their amendments in Committee, as the Resolutionshq been carefully kept out of sight until they were submitte‘d‘o‘n‘e by one by the "rover

Mr. (31.11121: said it was an improper time for going into any enqui- ry t‘i-speclittg the Delegiito's conduct ; and, as he thought it uncall- l‘tl for, neither did he intend any such thing. The Speaker, he said, had 11 right, if he felt himself aggrieved, to complain even from the Chair, without any breach ofprivilege. ,

Mr. AasucKLr: said be appreciated the feelings ofthe Speaker. IIe lier latelv been persecuted himself, and among those with whom he had lately acted—innong those who had pretended to be his friends, he had fuiind his most bitter foes. (Calls ufOrder.) Ier. Speaker only sought unlopportunity to answer to the reflections which, iii the amendments in uestion, he thought had been cast up- on his conduct as a Delegate, to (Mr. Arbuckle) thought rio‘friend to impartial justice could deny it.

Mr. Hanson said he would belsorry to deny the Speaker an op- portunity for explanation or defence. What be (Mr. Hudson) had stated, was merer that. he considered it was the Delegate's duty when in London to procure a law opinion. It had, iii defence of the Delegate, been said by sortie, that the means with which he had been fiiriiislied wore too small to enable liim to do so. He (Mr. Hud- son,) however, thought otherwise. £300 should have proved am- ply suflicient to enable the Delegate to discharge every duty of his IHIl‘SIOI’I-

Mr. Li: LACHEUR'SftltI, the sum placed at the disposal oftbe De- lcgale was £300, Island currency. This was little more than £ Elt‘l‘llllg—fl sum very inadequate to] enable the Delegate "vacuum- plish the crrlossenn designs, the exocutiorr ofwhicli he bird to attempt.

The Hon. J. S. Mitcuotuto said, ifit were alleged that there had been a breach of privilege, the best way would be to appoint b day to try it', in his opinion, however, there had been no such lu-ericli. The question beliire the House was, whether it was proper the motion should be then submitted. He thought ifit were,it won d be contrary to order, without previous notice. Sorr' , how. “or. he would ho to see the Speaker ilehzirred the privilege of answering to any allegations bv which he felt himself aggrieved.