i, 5. ~ eloquence, they adaileast the gifi ofcommoa sense. He wished

to protect the interests of the farmer, and woiild‘not throw open

an part of the Reserves but as it was wanted for the purposes of ‘ fishing. - r ‘

Mr. Sunken said, proprietors, from the first, had known of the Reserves; and the peopie now knew of them. Thoxroprictors, thinking they Would never be able to take sufficient a vantage of the tenants, had, in the first place, availed themselves of the igno- rance, Willi respect to the conditions of the original grants, of such as were willing to become lessees, by leasmg to them the Fishery Reserves; and, now, that the teiiantry saw how they had‘been

’ cheated, and demanded a restitution of their rights, the proprietors insisted upon having the benefit of their own injustice continued to_ them. All that was intended by the bill was, to give the benefit of the Fishery Reseryes to the persons who had cleared and Improved them, when not used for the fisheries. In his demands he was willing to be limited b the Order in Council. As to the defining of the extent ofthe Fis ery Reserves, if the Order in Council said the Reserves were not to come within the harbours, bays and inlets, ho was s’atisfied that they should not; if, on the. contrary, the Order iii Council said they should extend within the harbours, ba 5 and inlets, he would insist that they should do so. He ine‘re y demanded that the T‘ishery Reserves, to their proper extent, should betbrown open to those for whose benefit they, were originally intended.

Mr. L: Lacnxun said, some honourable members seemed to he ofopinion tliat accurdinv to the original grants no line ofdemarca- tion could be defined. Theefact that the proprietors had even ofi'ered to buy the Fishery ervcs seemed to shew that they had a very shrewd idea as to how far they were likely to be construed

use extend. The Order in Council was sufficiently clear and ex-

' plicit: it says “ within all ha I and inlets of the sea." Ifhe found that what the honourable an learned member for Charlottetown had to submit on that sub'ect was in accordance with justice, he would 0 along with it. Ie (Mr. Le Lachcur) was ofopinion, that ifthe olonial Secretary had thought there was any ambiguity with respect to what ought and What ought not to he conuderedtvithin the limits of the Fishery Reserves, he would have explained it. The only way in which he considered they could legislate upon thosub'ect with propriety was, to take the Fishery Reserves us defined’in the Order in Council. They should set no limitation to ithem, but take them as the found them there set forth.

Mr. PALM”. said their 0 jcct ought to he, clearly to explain what was to be considered within and what not within the Reserves. Ifthey did not,thcy would leave the difficulty as it was. In an- swer to this it was said that one trial would decide the question. -But he would remind homerdle gentlemen that one action would merely decide the question as to one place. . Every objection to

ielding up any situation required for carrying on a fishery might sad to a law suit; and thus law suits might extend almost ad infini-

' turn, at least so far III the Fishery Reserves extended. Nothing

could be more productive of law with than the leaving the boun- daries ofthe Fishery Reserves so undefined as they were likely to be. Let them have no more tell: about long robed gentlemen seek- ing to entrap within the meshes of their net; let them hear-no. more ofthe Ion clawed entry seeking to drag their victims Within the vortexoft e law: t s most rapacious of the tribe could not desire an Act more likel to serve their interestshy the increasing of law suits, than the Billy which honourable gentlemen seemed anxious to introduce and carry into a law. ‘

The Hon. Mr. Pei-s said, they had received from the Home Government a ositive declaration that the Reserves should not be yielded up eitier to the proprietors or to the occu ants. The must bear in mind, that while the government had said that all the (nerves should be thrown open to the public for the purpose of a ing on a free fishery, it was coupled with a request that such laws should be passed as would prevent “improvident and injuri- ous practices in carrying them on," and unless such regulations were made we ma rest assured that the government would tie them up, rather tinn allow such an indulgence to be made the source ofondless litigation between the landlords and their tenants. They 'were merely wasting time unless they could draw up some- thing in which 'the other branch of the Legislature could be ex ted to concur. The mere sendin of the bill home would be lit cientto insure its rejection by the lame Government. Ought it notbe considered a- grievance that fishermen should be encou- raged todisturb the tenants, merely for the purpose ofenabling them toprosacute the landlords? Had the bill, as-last penned, gone into 0 ration, it would have been most ruinous in its consequences.

hat would be a sufficient compensation to the farmer for the loss of the entire front of his farm, including, perhaps, all his meadows and marshes? [lad the views entertained b the majority of the House last year on the subject of the Reserves beeiycurricd into efi'oct, the farmers would have had reason to wine the House while it should be held in remcniberance.

Mr. Macrarosii could not see for a moment why the fishery business should only present itself to the minds of honourable

sntlemen as being carried on by individuals or companies on a ergo scale. If he t ought right, every man in the Island was torbe rs ardod as a fisherman: every man in the Island was to have the privilege of carrying on a fishery within the Reserves. He regarded ever man as a fisherman. Certain it was, that evory man in the Island who had lands contiguous to the sea, was a fisherman, and that even to a considerable extent.

Mr. Srsarrriit said, there had been manifested a disposition on the part of proprietors to deprive the people of all claims to the Reserves, including the marshes. The evident intention of the proprietors in leasing and selling the marshes, was to be enabled to obtain a higher price for the adjoining lands. In short, it is their determine inclination, b threat afier threat, to bring the tenantry under the most servils sub'ection, and have them finally ruined.

The Hon. Mr. Pan: sai , there was no need of exciting the minds of the Committee by mentioning the sale of the Fishery Reserves. Did the honourable the Speaker mean that the salt marshes were tobethrown open as Fishery Reserves? However he might be supported in the House, among the settlers there would be ten to one against him. To do so could be of no use but to enable agi- tators to encourage and to carry on the war against the proprietors. Ho desired them to look to the decisions in the Supreme Court. Were not the tenants who resisted obliged to pay rent for the Fisher Reserves ?' The Chief Justice hsd staked his reputation upon t e legality of such decisions. He did not mean to deny that in cues where the tenants were in'ured b fishermen, that they ought to have aremedy against their landlor s who had covcnanted with them for a quiet and undisturbed possession; but the object of this bill ought to ho to prevent these evils that were likel to arise from such a state of the case, so that while the ri hts of t e fisher- men were secured, the interests if the farmers and occupiers of the soil should be protected.

Mr. Macia'rosri said that the Fishery Reserves had been the first places on which settlers were located, from the preference given to them on account of the greater ease with which a livelihood could he made upon them, than elsewhere. The benefit afforded by the! salt marshes had also been another inducement to this early prefer— ence. The grantees had been well aware ofthe Reservations in the

ants; but it was reasonable to presume that the early settlers were ignorant ofthem, and althoughjt was clear that the proprietors had no right. to locate settlers upon the Fishery Reserves, it would now be most unjust that such settlers or their descendants should, with- out remuneration, be deprived of the improvements which they had been induced to make within the Reserves.

Here the Committee rose, and the chairman reported progress, and obtained leave to sit again.

The subject having been introduced b the Hon. Mr. Pope, after a short discussion it was agreed that the ollowing Address should be pmonted to His Excellency the Lieutenant Governor:

To His Excellency Sin CHARLES Auccs'rus FITZ Rov,

K. 11., Lieutenant Governor, (Ste. (S'c. Q'c.

May it please your Excellency;

The Contract with the owners of the Cape Breton, Steamer, being about to expire at the close of the. present year, the House of Assembly, being fully alive to the advantage of keeping up a frequent intercourse by means of Steam with the neighbouring Provinces of Nova Scotia and New Brunswick, would respectfully request your Ex- cellency to cause a correspondence to be opened with the Governments of Nova Scotia and New Brunswick, with a view ofascartaini'ng how far those Provinces are disposed to cooperate wit t‘his'Islsnd in running a Steam Boat, of at lea, Horse-Power, twice a week, between Charlotte- to P'ctou, and once I. week between Pictou, Char- lot , n and Mirailtiohi. _ MONDAY, March 2.

no resented to the House a petition of Lemuel Cambridge ’ _ ants and Tiaders of Cascnmpeque and its vicinity, vision may be made for the support of a Sub-Collec. ,5: mnf us at . um e us.

Mr. Yao down the or our of Cascumpequs as spacious and

; spok Athe'aantity of excellent timber suitable for ' ‘ 'o

t.

entered the harbpurfiiln

' by subscription rather than they should be W

“venue Law of this Colony,

' hood' of the fitness of the ‘gggs‘iirls which, from time to time,

- r '. ‘ the n exportation ovvin! “1 - Place for‘ ".3; 0f the numbflieo difficulties experienced 7b!) master!

. . ,. + . d_ t‘ vessels loading at that harbour, especially in ,the fall’,oyvlh£;:an d d h d' m efroin aCustoin Housc, which wasn . e m t o is no tchedastate as to

. be almost in}- 35 miles, the roads were in 5.0 w" m, account ofthe ds

. able. He knew °f°m case’ Where'be travelled, and tbygnd' '-

. ‘ ' l cleanng om’ "used by the dlsiiiiniiiid 0his YeSsel frozen in, and lust

h gei'rio‘émfiiofiififficgi'ii: loss to‘the Revenue by many vessels running away without clearing out at a .

The Hon: Mr. Poss: gupported the prayer is ' ' who knew any thing 0 . O V 2231:: lusviiih‘a'opzznzwould immediately: see the utélgy,lp:cp::- ' l h' l n ‘ a’ Sub—Collector of Lustoms a as . : Ttli'ergfvfiiianyfiilsiigigle section of thel Isl‘png more abuntpdanittir‘iflpptpn ral and commercial resources. The an t ere was gab,“ the be" excellent fishing station, and at anscumpegue wasdmb on! one or timbcrin the Island. If the harbour were Visite yh {m the ' s l ‘n a ear instead of numbers, as was t e c , iiizeifiiyeiiu' estaglishing aCustom House there would not be 30 evident as it was. In would'be strange, short-sighted, narrovifirpILrlid: ed legislation to obstruct the prosperity ofthe Colony byfvvjI i r- ing a salary of£30 or £40 a year. For the conSideration o t a gas- ly wages efa common labouring servant, were the inhabitaan 0d ai- cumpeque to hiiva their natural resources shut up, and to s can ved of allthe advantages of their situation? lt‘he were one am g

the inhabitants ofCascumpeque he would propose raising the salary

f the petition. H9 f trade and com-

at' a Custom House.

Mr. Ru thought it right that the petition should lie upon the ta-

House ble but said the countr could not afi‘ord to place aCuatom at {he door (ifevery niei'chant. He (Mr. Rae) mentioned the pew- liarity of the situation of Cascumpeque: the ice scoming in iln o- vetnbcr, and the detention for a few days to clear out, frequen‘t y pre- vented vessels getting away at all in the fall. Whetlher Captions-t pcque was now in a state to require a Custom House, . e can a b so . It had once been cut off from all land communication Wit other parts of the Island, but that was not the case now. There were lso in England, of much more impor- h were without Custom.House_s. At one time, he admitted, it cost a vessel a week's detention while the Master went to Charlottetown to clear out. It was trfie, that when a vessel, in the full, came down opposiite to Princetown, and the Master went ashore to clear out, he might not be able to get aboard again. But the Western Road was now open, and, in consequence, the difiiculty of obtaining aclearance was much less than it had been. It had been a matter ot‘great grudge that a Custom House had been established at each ofthe extreme ends ofthe County. He denied that Ca‘scumpcque had a better claim to a Custom House than some other places in the Island. Cascifmpeque was not a place of so much importance as'Riclimond Bay, and it never would be. .He alluded to the Delegation to England from Nova Scotia. and the intention of uniting, in that Province, the duties of Collector oflmposts With those of Collector of Customs. Such an arrangement was worthy the con- sideration of the Legislature ofthis Colony. These matters should be considered before they formed nfinal opinion: Ifthey took up the matter, it would be well to say which ports in the Island stood most in need ofCustom Houses. f Cascumpeque required one, so did St. Eleanor's. ’

Mr. Yso said there was business done at Cascumpeque, not by one individual, as had been hinted, but by many. _ _

Mr. Ran replied, that if it were wished to give a true idea 0f the trade at Cascumpeque, it might be traced out by the returns on the table. Ile stated that there were not more than seven leases on the Lots bounding Cascumpeque. This fact gave no great

respect of stability to any business now being carried on there. Every man butseven might be driven away at the will or caprice of the pro riotor of these Lots.

The on Mr. Poss: said it should be borne in mind that although there are two Custom Houses in PrinceCounty, one of them is as much for the benefit onueen’s as of Prince County. He ridiculed the pretensions as? up in behalfof St. Eleanor’s. It could boast ofno trade except what was carried on b a few shop-keepers or rather pedlars. They did not own more than two or three small vessels, and indeed not even so many. Would the hon. member (Mr. Rae) have the Custom House removed from Bedeque to St. Eleanor’s? Thegé'oss amount of Impost Duties collected at Bede ue last year was 02 ; had the goods been allentered there instea ufn part at Charlottetown, the duties would have amounted to £800 or £1000. This simple fact was sufficient to show the importance of Bodeque as nfpluce oftrade.

A or some further discussion, the Petition was received, and laid on the table.

Tuesday, March 3.-—Mr."Speaker laid before the House two cop' of Lord Durham’s Report, received from the Executiv overnment of this Island.

Also, two works, on the Ancient History of Canada, published under the direction of the Literary and Histori- cal Society onuebec.

The Hon. Mr. Pope, by leave, introduced a Bill to authorize the sale, in certain cases, of Vessels and other property, seized as forfeited, under any Revenue Law of this Island. .

Mr. Thomson, from the Committee appointed: to draw up regulations for Packets to be employed between George- town and Pictou, and between Bedeque and Shediac, pre- sented to the House a Bill, as prepared by the Committee, and the same was read the first time.

many places in Scotland, and In tance than Cascumpcquc, \vhic

lVednesday, March 4.—The Hon. Mr. Pope, by com- mand oins Excellency the Lieutenant Governor, present- ed to the House :1 Chart of Hillsborough Bay and the Har- bourof Charlottetown, surveyed under the Colonial Sta- tute, 2d Vict. cap. 5, by George Wright, Surveyor Gene-

ithout the convenience\

ral, and George Peacock, Master of H. M. Ship Andro- '~

mache, Commissioners appointed under the said Act.

Ala, 31 Chart of Cardigan Bay, and the Harbour of Three Rivers, surveyed by the said Commissioners.

The Hon. Mr. Pope also presented to the House a Re- port made by the said Commissioners of their proceedings With reference to the above mentioned Surveys and other matters—together with the copy of a Letter addressed by Captain Bayne's, of H. M. Ship Andromache, to His Ex- cellency the Lieut. Governor, on the subject of the Fisher

rice in the immediate neighbourhood of Prince Edward Island. -

Thursday, March'5.——,§l‘he Bill to facilitate-the inter- course between this Island and the Provinces of Nova Scotia and. Ne; Brunsmck, by means of sailing Packets was committed to a Committee of the whole House. ,

Mr. Hudson reported, that the Committee had gone thlrIouhgh the (Bill, and made several amendments thereto; w ic amen merits ' . ' in d ’ gnd agregd to by tb A V rea at the Clerk 5 Table,

The Bill to authorize the sale, in certain cases, of Ves- selsand other property seized as forfeited under any Re-

Wa .l' r?! —— in the Chan, 3 committed Mr. Hudson

Mr. [Iu son reported that the Comm'

‘ s . I" I) through the Bill, and made several amendmifits iiiiergectlglT which améndments were again read at the Clerk’s Table, and agreed to by the House. ’

*Fridau March 6—Read a third tim ' . r , _ . e, as on the Bill intituled _“ An Act to authoriZe the appogihifrigicii of geroners in fing’s and Prince Counties.” n engrosse clause was ofi‘ered to be added to th 3'

‘by way of Rider, limiting its continuance to threeeyetilrls’ rain the passing thereof, and from thence to the end of th then next Session of the General Assembly. e

A mOtion being made that the ' ‘ - v said cl _ fir“- uI‘m—the House divided on the @6315: :be read the

Yeas: M ‘srs. Macintosh, Palmer, Ma

D.11(t)1acdona.l ‘, Dalziel,’ Fraser, Macneil , ‘ . \ .

cfarla‘ne, Forbes, 1, G'orman, Beck \ \

-.'. r.

/ presented

' joining lands, and praying relief——-with power to

. j, to their favourable consideration a Petition nu amend respectany Signed, praying for a Bridge ac I

_ the Public service Would be

.. lettingofthe Road from H. , . . i - Road on the Division Limis s Mm" '° L“ No- 1.)

‘ sembly, the Estimate for

., I Navsz, Mess“. Thomson, Montgont W. Dingweli, Hudson, J. Dmgyvelh—fi, f , , go it w“ can“ i the affirmative: ~ “g . Several other Billls were passed, without I, . ' t o the Counei . . j a . . 'enMi'. Speaker laid before the House sexe‘kai'. . ting to the importation and sale of Live 8 , - . tral Agricultural Society, in conformity to a so“ House ofAssembly passed in the year 1838.

/ v t, ' Saturday, March‘7.—Mr. Rae, pursusattow _ a. 'Bill to continue and make valid flij manner of process‘and proceedings that should have

lace in the Supreme Court at Georgetown, during” V July Term—and the same was read the. first tune. , .y 4

A motion being made, that the said Bill be novv 4 ted to a Committee ofthe whole House;

Mr. Longworth moved, .by way of amendment, t said motion be for the present Withdrawn.

The House divided on the motion of amendment: '

Yeas: Hon. J. S. Macdonald, Messrs. Palmer, * . worth, Beck, Arbuckle Hudson—6. .

Nays: Messrs. Rae: Macintosh, Clark, J. Ding, "I. Macfarlane, Macneill, Gorman, W. Dingwell, D. Mac ald, Forbes—10.

So it passed in the negative.

Mr. Palmer then moved, in ' amendment to the motion, to strike out the word “ now,” and at the 3 " the question to add the words “ upon Monday next.

The House divided on the motion of amendment -.

YEAS: Messrs. Palmer, Longworth, Hon. J. S. M, _ old—3. Nays: l4. _ -,

So it passed in the negative. I _ . _

The House accordingly resolved itself into ’ Committee. ' . '

After some time spent therein, the Committee .1 out reporting. So the Bill was lost. . . ;