._,_...~. - -

'1!

\ .. \a \w", . ‘

~could accept, will never be agreed to by

not suGcisnt ind” the proprietors to costs to an ultsble sni’ligenieat with the tensntry; and he regrets, lists the slow progress made, that there is so. much rmsonuo doubt wi tiqgness of the proprietors “comm Infill ui ls arrangement. pa this paint Lord Jfiu ‘ I is of the .me o inion with me. verb!” an an equin a settlement for i but I always of opinion, and am so

ten stimthst an nitable settlement, such as the people the proprietors,

until the lands are The Bill of last were to have a free-

wbo forts a majority In the Councils, vested in the Crown by Eschest. Session provided diet the tense ' . . . , hold, on payment.“ from two I illings to six shillings rants; and this sum was to be aid into the Colonial reesery,lbvthe public service; at if the proprietors weveee receive it, to withdraw such'sn amount from the Colony, we would be left without a revenue; the dais. of the people to collect money and be free from ‘etors would be such that there would scarcely a aixpence left in circulation, or any dutiable articles “consumed; and, consequently, there would be neither “revenue or public improvements—there would scarcer ‘he a bridge or even arrosd in less than five yearn: .

The second objection to the proposition continued In my letter is, because the Crown and the Colony have ' toatexon wild lands. You will recollect that

a tax was passed during the confinement of three d' tho members lbr King's County. Those who carried that measure must have known that the forfeited lands would have been revested in the Crown if they bed uotpreveutsd it; but by this manure they, instead if seeking the ri bts of the Colony, were persuading the Is that t lands could not he cscheated, and, to ulll their prediction, passed an Act for a Land Tax, In! only to vent the settlement of the people, but to deceive ministers, who were desirous that the question should be settled—for you see in the Despatch that Lord John [smell is quite disappointed. that the tax had not produced the desired effect, of making the landlords come to an equitable arrangement with the tcnnntry. I- cello! see that any person was so ignorant as to believe that that tax would have any influence whatever to induce the landlords to come to any equitable‘arrangc- aieat; but, on the century, that it was to give them another plea to collect money to pay the tax by harassing the teasntry, as they are now doing, with distraints, write, and ejectaieats.

Three ls for the settlement of the land ucs- tion have presented themselves at the Colonial 0 ct}, beside the: contained in my letter. First, an a pli- cation hr the establishment of a Court of Est. est. Secondly, the Crown to purchase the land from the proprietors, at the as use of £200,000. Tliirdly, a

savy penal tax on wil eruess land. Before we examine these proposals, it is necessary that we find out where they came front. It was not from me, asI presented only the first; it could not have been from the inhabi- tools, or, in all probability, I shotild have heard some- thing ofit. It could not have been from the lesser proprietors, for they are blamed by ministers for with- drawing themselves from the Legislature of Messrs. Cunard and Young; and it could not have been from these person s themselves, as itsppears the presented an Act of quite a different description; an it is sur- prisin , that instead of recommending their Act so strong y, Lord John had not given it the Royal Assent E! 80, u thethrue last propositions have not been made by any ofthe parties named, there is ever robsbility that they were sent borne in the confidentisf'Bespntch of the 7th lay. It sp ears to me that the Court of Escheat sought for by t at proposizion would place the settle- meat and unsettlement ofthe people under the control of the Governor and Council; they would have it in their power to settle and unsettle whom they chose; and, having the land at their disposal, to increase their influence b patronage, might play a second Sir Francis Head! hen we see that the men composing that body have always opposed an Escliest that would settle the people; that any body so constituted, who act in secret, and who are not responsible,eitlicr to the Crown or the people, but are desirous of assuming great powers and patronage, we ought to pause and enquire whether it would reduce evil or good; at we may be safe in :11? is much, that if the Governor and Council

hr the establishment of s Court of Esclieat. it is e pvooftbetitose be granted, for certainly the Gover- nor and Council wou d not ask for what could not be

u .

The next proposal, that of purchasing the proprietors‘ interest is the soil, is better understood from the ob- jections made, then from the proposal itself. It appears that Lord John Russell sees no reason to dissent to the

pcheme, provided he was assured that the proprietors would be willing to accept the offer, and that the Colony would secure the return of the money advanced. The British Government would no doubt say that they had dog. a at dul for 0s in providing Officers with suit- able nestles to administer the Government, and to same as justice and protection—and yiit Lord John Russell, in desiring that an equitable arrangement should be made with the ionsntry. admin. that hitherto they have been inequitany dealt with; and our Govern. ment, who ought to do unjustlcc, proposes that We Ihould pay £900,000 for our rights—not t at we have gold in our possession, as a temptation to entice an enemy; but use are to borrow the money, and, no doubt, have to stake our labour for the payment !! lfs foreign enemy, upon whom we had no c aim for either justice or mercy, were to demand such s ransom, what would the men say who made such proposals? But lam given to un- derstand that the people are tired of agitation, and desire that some arrangement should be made, that bsresfier they may live in peace; but I hope they will -not act as they have done formerly, to promise, thrfiigh intimidation, what they can never pay.

The nextand last roposiiion is, that for imposin a heavy penal Tax on wilderness land. I cannot see thatt is Tax would produce the desired effect of making the pro- prietors come to an equitable arrangement with the country, unless coupled with some set of settlement. Ifthe people are inclined to borrow money to purchase the proprietors' interestin the land, evcn at half the price proposed,tbsn I think a tax of ten shillings per

nndrsd acres, on all land, would be serviceable. I am awarelevntreading on dangerous ground, to propose Won; but I beg you will hear me with patience, and I think I can make it appear that such a tax would be bribe benefitnf the Island enerally. If we were so pe- so act ofsettlement for the people, and to pur- .eliass the proprietors' interest in the land,snd at the same tune to impose a tax of ten shillings r hundred acres upon all land, whether held of the (grbwu or of the proprietors, this would induce proprietors to accept of t e ruposal. It would prevent rsona monopo- dixieg ls tracts in the pros act 0 its value hem coll-flood y the llbour of ad'uiniug settlers. It woul reduce thepriceofwilderiiess and to rsous whointeud- ed to white R" the purpose ofsett ement and cultiva- ston- taxwould go a considerable way to reimburse the Go‘ernmentbr the purchase ofthe pro riators' interest; it would ventthe sale oflsrgo tracts ura small amount, which would otherwise have to be sold for money to reimburse the Government; and even it‘ this were to be continued, aller the lend debt was discharged, instead of an sd-vsloretn duty on foods, it would benefit the peo- ple. This tax upon and would induce people to col. tivate and makethe best use of the land; and while it you” reduce the price of wild lands, to persons who intended to settle open and cultivate them, it would seduce the price ofg00ds, and make trade more free.

In another of the Dcepatob, Lord John Russell es “I bad_ oped, from a statement contained ina letter, which has been lately received from an extensive proprietor, Mr, Cunard, that the roprietary body generally pertioipatcd in the desire fe t by that gentl.. man himself, to meet the wishes of the government ;" therefore we are given to understand that the wishes ofthe Government are contained in that unreasonable

Ian proposed by Ir. Young to Lord Glenelg. Lord John Russell has said, that an equitable arrangement should be made with the tensntry—Mr. Young's pm.

ies of extortion that has

I to confirm ov , Lord sameness" has expressed his

. , r“ d the the Col“, c°?1‘iifr:h:i WBPA

sdvanc to land—5i". You'i’iug’s plan goes to in I n M “6m! humansm. is. ' I never res I , , . h ::ld°°l:id aired for Writs of Attlirmdyahni tbrzzlg mortgages,an law at uses. in awar t at” know nota million and s bal pf'a‘crqs 12l£91::l:':?;voushiuin9’ at a rest ortiou o t e an Istilid ones shilling and sixpence per acre, and somnt‘: rent risin to five shillings per acre I am at n _ I” I account or the recommendation of Mr. Young srp "a: but the rest ofthe despatch will warrsnttlie be to}. M- the Ministers and the Colonial Government arcjn cula nest, that some equitable plan of settlement or teasntry should be adopted, and we may rest assume that when Lord John Russell recommended an equita arrangement with the te

nantry, and expressed his doubt that the Colony could not refund £200,000, if advanced for us to purchase the proprieto

rs' interest, he could not' suppose that Mr. Young‘s proposals went to impose .s for greater burthen.

Lord John has expressed his doubts as to the willingness of the pI’Olle'lm‘ll’s ‘0 l)“t with their land at the stipulated prlcey hm he could “od' doubt the willingness of Mr. Cunarfl, Wh“ l‘fld "Pm"5e his earnest desire to meet the Wishes of tlie Govern- ment; and if the people try to come toau equitable arrangement with the proprietor!’ and “5" "Elbe" ‘3'“ deavnurs, they stand in a much better situation, With this despatch in their favour, than they did formerly, having now the law and the ministry on 'lllell’ side. Whatever promises or indulgences the proprietors may have had from Ministers heretofore, the Ministers could not set aside the Orderiu Council, nor the Grants tiller they were passed, without a due course of layv ; there- fore, as Ministers could not set aside Orders in Codncil to pass grants, after the grants were made, nor the Grants nllcr they were passed, without a due course oflayv, they could not set aside any part thereof without usm the some means as they would linv to do to set psi e the conditions ofthe grants. '1 lie}Grantcee are still bound by the grants to the Crown, as trustees for the people to perform certain conditions, and to regard certain reser- vations. But throu h the delay or neglect of the Crown Officers to enforce the performance of those. conditions, and to preserve the reservations, the proprietors have, without any law authority, and contrary to the condi- tions of their grunts, impoaed conditions on Britiin subjects far more impracticable and oppressive than any conditions contained in the grants; and as we are tlte parties injured, instead (if fruitlessly seeking new laws or new institutions from Ministers, we ought to seek redress by the laws through the Courts instituted in the Island; and if they refuse a Trial, or decide that the tenants shall perform their conditions to the proprietors, and that the proprietors are released from the perform- ance oftlieir conditions to the Crown, as trustees for the people, then, in that case, we must carry our suite to the Courts in Eu land, and lay our complaints against our Courts in the sland before Parliament. [would therefore recommend to you to contribute the means for that purpose. If you collect money to procure men of character and ability to plead your cause—and, to shew thatlam in earnest, for every nine pounds that you contribute, I will add one to make it ten: and at this rate I will go us far as fifty pounds; and as soon as you appoint a Committee to receive the money and con- duct the proceedings, I will place ttvciity pounds in their hands, as a commencement, to be used. I can also inform you that our grievances can be brought before Parliament, without any further delegation or expcncc.—A member of Parliament, to wliotn I applied, and submitted the whole documents, went through them with is research and scrutiny surpassin my ex ectation ; and when he became acquainted wit the su ject, he was of opinion that we ought to have a trial iii the Island, and if it went against us, we would have a much better case to bring before Parliament.

'1 have likewise to inform you, on nod authority, that the Grants which have been ma 9 contrary to the Order in Council, that is, grants that do not contain the Reserves for a free Fishery, are illegal! Those are all I can recollect at present, which I consider necessar for your information; and I say to you now, as I sai for- merlv, your future welfare depends on your moderation and rmness; and if you allow those who have been served with writs and distraints to be ruined for the want ofthe means to employ trustworthy men to plead their cause, it will come to your turn next to be served in like manner.

Mr. THOMSON ,said—Afier having given the question of Esclieat, and the settlement ofthe Colony, every consideration in my power, I deemed it to be my duty to submit to the Lieu- tenant Governor a scheme for the purchase of the right of the proprietors in the soil, similar to that referred to by Lord John Russell, in the Despatch now under consideration : I must therefore :ivow myself to you as (if not_the author or agitator of the scheme), at least, the advocate of such a measure; and why ’l—because the grantees, their heirs and assigns, have held 50 or 61) years possession, partly by virtue of their grants, and mostly by virtue of indulgences. Now, who amongst us would not complain ofe government that would allo us as grantees, heirs or purchasers, to be disSssessed of our pro- perty, after such a lapse of years, and when law after law, on almost every page of the Statute Book. had been allowed to be passed, confirm- trig-our titles, either directly or indirectly? I say, every one of us would complain. Govern- ment, no doubt, thought they acted justly, ’wisely, and for the public good—time has, however, shown the contrary, and discovered the great error ' they committed, by allowing the over- reaching and cunning pioprietors to deceive them, whereby they have entailed on this Colony the great evils complained of—and as it is a principle of law (I think), that no person can take advantage of his own acts, so neither could the Government. The only way then appeare to me to be. the one generally resorted to by individuals, and by Government, too, to settle a difference which cannot otherwise be disposed Ol—"W '5, by "1000!. which is taken to be an equivalent for a wrong, and the purchaser of a right. .Now, you have wrongs, long and justly complained of, and the proprietors rights, long asserted. . Legislatures are for settling such matters and differences as are beyond the power of the lower Courts to‘adjust.” Let, therefore, a law be passed, securing to the Crown, on the Land and the Revenue ofthe Colony, the repay- ment of_the amount that may be the proprietors—this will remove one and the greatest one, to the ache

. . ~ - r nd ' tbdraw a reigns»: mi: 8‘“ a half '

objection,

. . _ me. The second objection is—that the proprietors “ might be unmlling to dispose ofthcir lands on

these

terms.” Lord John Russell can, however, soon

settle that point, as he hits done aralle '

Besides, the public interest, the pgace ailidflpai'i: perity of the Colony, and the wrongs of the many, demand an immediate settlement of this question. The Escheat ofthe land would mere~ ly place them in the hands of the irresponsible advisers of Government, who would take care

of themselves and their friends first. Your

date woul

' intone-tin ll” i lace

adjudged to b

O . . dbe as small as We, and cost as ' h in the end, likely, as'the value'ofyouv mug in“! you. not be great gainers b we ‘a measurdi Tendon, pens! tantra: isyonlyig mess, , ure that fill gnawing: a, resortrondawill not-sefieVe yaw-i3 ,0t 1301‘ one shilling of the back rents. o it “I or u ‘ n that for relief; and as to agreeing ’tlvi k of a ing the proprietors—never for once t I‘ll u il'ycontend with them to:thelast,,and funky lchve. them your, rapeotire placesfi ,t ,unéd, nothing, rather than .submit to be rang“I and then made hereditary bondsmen. b _ ey possess rights, they have been acquired y yolur being wronged, so that a conventional sette} mentof the question becomes a measuire 0 justice as well as of state policy. My a vice, therefore; is, to call upon your Representatives to pass a Bill to purchase their rights, by rem”; neration—some of the proprietors Wlll, I fee assured, at once consent. To contend against them, on any other principle Will, I fear, and iii disappointment. Were the‘ land revealed in the Crown, on the principle of remuneration to the proprietors, the settlement of the inhabitants, and'the future disposal of the lands would be under the control of the Legislature; and who would you trust to obtain your rights in this case sooner than your Representatives? I say to you again, advise your Representatives to pass such a Bill, which I hope will pass into a Law, and I hesitate not to say, peace and prosperity wm soon be the portion of P. E. Island.

Mr. Ln LACHEUR felt pleasure in observing that so many had attended, notwithstanding the bad state of the travelling and the waiit. of sufficient notice, and he was happy to see so many ofhis constituents amongst them. He said that the ‘Despatcli was sufficiently commented upon by the gentlemen who had spoken, to require any further explanation from him. 'He was sorry to remark, that a number of distraints had lately been made for rent, and some cases were. to come on in the Supreme Court at Charlottetown at the next sitting. He recom- mended highly the appointment ofzi Committee to watch over the proceedings, and receive con- tributions to defray law expenses. And should it be thought advisable to come to any arrange- ment with the proprietors, let it be made through the Legislature, and they might rely that their Representatives, when in Session, would do their duty and protect their interests.

Mr. MACINTOSH was happy to find that a desire prevailed to appoint such a Committee, and entered at some length on the utility of the measure, and commended that they be ap- pointed from a different Districts; and he hoped that th would be liberal in their sub- scriptions; at all events, there was likely to be a good example set for them to go by. 4

Several other gentlemen addressed the meet- ing; after which, the following Resolutions were severally proposed, and passed unanimously:

‘Moved by David Johnson, seconded by Charles Sanderson, jun.— .

1. Whereas the fraudulent and oppressive transactions of the Proprietors have been represented to Her Ma- jesty's Government, and, in consequence of such representations, the Secretary of State for the Colonies having recommended to the Proprietors to come to an equitable arrangement with the Tenantry—Thercfore, Resolved, That the people cannot wrtli safety make any arrangement or agreement with men who have repeated- ly deceived them, and that therefore the people will not trust to or depend upon any terms or promises of the Proprietors, unless such offer or terms be made to the Representatives of the people, in General Assembly,and passed into a Law.

Moved by James Don Benjamin Clow :—

2. IVlierens it has been repeatedly published, and sufficiently made known, that the Grants of this Island were made subject to conditions which have not been performed, and reservations which have not been pre- served; and through the ne lect or delay of the Crotvn Oflicers to enforce the per ormiince of the conditions and preserve the reservations for the Fisheries the: Grantees have been enabled and encouraged to i‘etain the Lands, together with thee Fishery Reserves with- out the perforinsnce of any conditions on thei’r art and. to impose impracticable conditions upon Briiish’ subjects, who have improved the Land, so as to have the lnnds ofthe Colony and the labour ofthe inhabitants yvitliout any trouble or expcnce, contrary to the inten- ions ofthe Original Grants; and whereas the inhabitants ll‘llVng been led to believe that the Laws and the Government were just and equitable, have applied to both without the devired sheet—Therefore Resolved I‘hat it be recommended to the Representatives of tl ’ people, in General Assembly, to institute an in He

glas, seconded by Mr.

""0 the roceediugs and decisions of qmry I . th C Law and Equity in cases where the proprieetorglbrfstli):