The House in Committee on the petition of Thos. W. Doddand others agaiast tho elec- tion of the Hon. Daniel Davies, ss one of the members for Charlottetown. Hon. 1. Davies on account of his telationsbip to the sitting menber was excused from sitting on the Comm itteo. Hon. Leader of the Governmen’ thought that the Committee, before going into ar investigation of the matters set forth in the petition, should decide on the course to be pursued under the statute regulation the mode of holding elections. The Sheri had no authority to strike off any votes but those of parties who had voted twice, ori the wrong polling division. Is appeared that two votes had been erroneously record- ed against Mr. Dodd, and the Sheriff had no power to aiterthe reeord. The law required him io add the special votes to those entered upon the Poll Books, with the exception of the above votes. He thought an investiga- tion necessary, although the rotes referred to bad not been marked * objected,” and ne seratiny was demanded by tnesitting member, who naturally considered it unnecessary to do 80, supposing himself to be duly elected. Bet it was important to consider the prin- ciples on which they sbould proceed, for if the House investigated these two votes which had not been objected to at the time required by law, the sitting member might object to every vote reeorded for the petitiomng céD- didate . and where would they fix a limit? Had these votes been properly recorded, Hon. Attorney General and Mr Dodd might bave been r turned, and Mr. Davies might, and probab'y would have demanded ® scrutiny, which of course, he did not, having been returned as daly elected. Although no one ‘would regret more than he to see bis hon. friend lose his seat im thet House, the principles of justice must be adhered to in he “ecision of the matter.

Hon. Atrornsy Gaenerat coucarred in the necessi‘y of laying down the principle on ‘which the investigation should be conducted. Tt appearcd that of the special votes the Sheriff had refused to accept five, as not he- ing agreeably to law. The votes of Froder- ick Harris and Elijah Purdy, jr., were, it 1s alleged, given for Messrs. Paimer and Dodd by mistakes, entered as having been given for

tr. Davies. As to these two votes, it would be proper for the House to deal wit) them, because they were wrongly entered by the Poll Clerk ; bat he bad doubte as to the right of the House to consider votes not objected to when given. Sweb acourse would exceed the privilege of the candidate h'meelf, who, ou # scrutiny, can only investigate votes ob- jected to, and so entered in the Poll Books.

ne of the Poll Clerks for Messrs, Palmer end Do id, it appeared, bad been here only bbree months, and bis vote, not baying beca marked objected to, could not now be ques tioned. ‘ihe Act 29 Vic., Cap. 0, Sec. 2, Yegulating the mode of giving special or scheduled votes, is very particular in pre- scribing the nature of the schedule to be sub- soribed by the voter. The schedule must gontain the name of the voter, and place of residence, a true description of the property en which he claims to vote, ite yaluaticn, if held by ‘ease or agreement for lease by parul or in writing, the annual rent and value of the property, and many other particulars. Some think the Sheriff ie bound to receive a@ny schedule, however defective. He did Motactree in that Opinion. Suppose tnat the @chedulrd qualification waa the ow ership of & vessel, or that the possession of 100 xeres of land, without any other particulars, was Zoseried, the duty of the Sheriff would, ia hhis (Hox. Attorney General's) opinion, be to decline to take such vote. There was a ‘wide distinction between the case of an elec- ‘tor by his own act nullifying hie vote, and that of hie being disfranchized by the mis- take or wrongful act of a public officer.

Hoo. Mr. Sivcnain bad understood that the orde of the day was to have been the

tition against the return of Mr. John A. McDonald As it appeared that the House ‘would bave to desl with dry points of law, it might be as well to adjourn until the coun- ee! retained in the matter should return from Georgetown. In 1863, the House transferred 40 their proper column votes given by mis- dake.

Hon. Leaper or tue Goversxent.—But they were objected to.

Hon. Mr. Wicutuin —The question was whether the Sheriff had acted legally or Otherwine with regard to the special votes. it was quite clear that tte Hon. Attorney General bad a large majority, and the trane- Ser of the votes of Frederick Harris and Elijah Purdy, jr., from the sitting member to the petitioner, would leave the parties equal, and a nice question might tten arise.

Hon, Mr. Catueacx said the special votes alluded to were recorded, whether formally orrect or not he could not say.

Mr. Baer said it would appear that a vast difference existed between voters being dis- franchized by the informality of others, and their heving, by their own act, go filled up wohedules as to disfranchize themese! ves.

Mr. Ramty was in iavor of entering into man investigation of the whole Poll Book, if zequired, in order to do justice in the pre- znises.

Mr. Menao concurred with the opinion of the hon. member who had just sat down. "There could not be many votes entered in the “wrong column on either sides.

Hon. Mr. McKacuen was anxious that jus- “tice be «lone to both parties. He saw no dif- fieulty io arriving at an impartial conclusion a the subject.

Hon. Mr, Pops remarked that it was com- potent for the House to rectify any error in the Pol! Clerk’s Book, and referred to the “precedent given in the year 1863. At the close of che discussicn it was agreed that coun- eel be beard at the Par of the House on be- ualf both of the petitioner and sitting mem- bor.

AFTERNOON SESSION,

At four o’clock the House waited on His ‘fonor ‘te Lieutenant Guvernor with the Ad- dress, nod on their return, the Hon. the

Speaker reported and read the following zeply :— Ur. Speaker and Gentlemen of the House of

Assembly ‘thank you for your Address in reply to

the Specch with which I opened the Session.

{ am satisfied that you will devote your best oare an attention to the work before you, and t is gratifying to me to be assured that you reciprocate my desite to co-operate with you for the public good,

Despatches.

The fon. Leader of the Government de- livered a message from His Honor the Lieut. Governor, transmitting copies of certain Des- matches, which were read, and ordered to Le Jaid on the table,

Privileges and Elections.

Ga notion of the bion, Leader of the Gov- ernment, the House resolved itself into a committee of the whole, on Privileges and Elections, to take into further consideration the allegations set forth in the petition of Thomas W. Dood and others, against the re- turn of ‘he Hon. D. Davies, as a member of the House of Assembly, for Charlottetown and Royalts

ion. Mr. Perry in the Chair.

Hon. @gtoexey Genenai said that the yoestion before the couimittee was quite differ- ent from the two election cases which had previously come before them. One statement ‘a refer nce to the matter was, that the votes of two of the electors, Frederick Harris and Elijah Purdy, )onior, were recorded in the Poll Clerk’s book in tovor of Brecken and Davies, while the clerk of oné of the candi- dates hed those votes recorded im favor of

trecken and Dodd, On Declaration Day, Mr. T. W. Dodd summoned those iwo eicctore to appear at the Sheriff's Court; but the Sherif cecided that he had no power to corzect the Pol) Book; the votes were, therefore, left as they were. Ifthe Committee now took up

those two votes for consideration, neither of which were matked objected om the Poll Book, either of the parties concerned could deman an investigation of every vote on the Poll Book. The candidate could then question the correctness of any vote, aud so could the sit- ting member. He did not know that such a course would operate in tavor of either of the parties, and as +t would be an almost endless task, he did not think the committee should examine any vote not marked * objected ” on the Poll Books.

Hon. Mr. McFacuen thought that if those elector’s votes were placed in the wrong colamn of the Poll Book by mistake of the Clerk, it would be unfair to deay them the privilege of having their votes set right.

Hon. Arrornsy Genial understood that if those votes were taken into consideration by the committee, and placed in other columns, Mr, Davies would take objection to some votes recorded in favor of Brecken and Dodd, which should have been recorded in favor of Brecken and Davies.

Hon. Leapgr or tax GoverxmMEst.—If o scrutiny had been demanded by Mr. Dodd at the Sheriff's Court, that officer (the Sheriff) might have investigated those two votes, and upon Buflicient proot that they were l: correctly recorded, might have placed them in the pro- per columns. If the committee ROW went into the consideration of those two votes, either party could ask an investigation of every vote éntered on the Poll Books. This would be asking the Legislature to do what the parties thems Ives ehould have attended to, by de. wanding aserutiny at the Sheriff's Court. If a scrutiny had been held, the Sheriff would have submitted a report, which the House would have taken up and considered. Before going into the question, the committee should decide ot; what principle they intended to act. He thought they should simply take up the special votes, and leave the Poll Books as they were ; for sf one vote not marked object- ed on those Books were allowed to be ques- tioned, every vote on the Bovks could be questioned by either pariy in the same manner. In reference to the special votes, the Serif eould only take account of the voiea which had

been properly brought b fore him. Some packages of special votes had reaened the Sheriff from diffe:ent parts, bat not us the law

directed. He thought those votes could alf be ta en up by the committee, aud examined with the votes marked “objected” on the Poll Books, and that the other yotes should be-left as they were. The watter first to be decided was, what principle should be acted upon by the committee.

Mr. McNeit did not agree with the Hon. Attocney General in reference to those two votes, for as they were not marked “ objected to 1m the Poll Books, the Sheriff could nos, if a scrutiny had been held, remove them to other columns. If the committee had clear evidence that those votes had been plaeed in the wrong columns of the Poll Books, they would be periectly justified in placing them where they should have been, It was quite probable that there were no other votes en- tered incorrectly but those two. He conld not seé how the Sheriff could disfranchise those two men, and he did not think the committee would be justified in depriving them of their votes.

Hon, L. C. Owen said that wheu an elector went to give a special vote, there was no special candidate present, but the Returning Officer recorded the elector’s qualificat.on particular, When the Sheriff held his Court, it was lawful for the opposing candidate to object to any of those special votes whicl he cénsidered in- correct. He thought it would be a dangerous thing for the committee to undertake to ex~ amine any vote not marked objected, for by so doing. either party could question any other vote, and there would thus be wo end to the trouble.

Hon. Leapen oF THE GoveRLMENT did not not think the House would be jastified in taking up the matter for consideration which should have been decided by 4 scrutiny held at the proper time. Perhaps the reasom why a scrutiny had not been demanded was be- cause the special votes had not been accept. éd by the Sheriff. The Committee could not give the petitioning candidate more than he asked for in the petition; but if those two votes were to be considered, the sitting eondidate could demand an iavestigatioa of every. vote on the Poll Books, The proba- bility was, that instead of being the loser the latter would be the gainer by such a course. He thought the principle of interfering with any of the votes not marked *‘ objected,’’ was & wrong one.

Mr. McNaiit thonghtthatit a great bard- ship an elector should lose his vote because it happened to be placed in the wrong column by the Poll Clerk. The House was the only tribunal that could set the maiter right, and therefore, should take it up and do justice to all parties.

Hon. Mr, Cattsece.—The Returning of- ficer was the Deputy Sheriff, andif the blanks of the special votes were mot properly filled in it was his omission,” Before an eleetor gave his vote the blank should have first been filled up, ready for him to sign; if he recorded his yote without a sigaature, it was owing to the neglect of the Returning Officer, not to his own.

Hon. P. Srvciam said that in ref2rance to the two yotes, it was evident that the Return ing Officer had announced the names and yotes correctly, but they were incorrectly re- corded. If the Committee were going to act in the present case as they had in tle other cases which had been before them, he thought those two voter should be properly considered, and if found improperly recorded, they should be rectified. He thought the Sheriff had no right to strike off the scheduled votes; he should have given them as he found them, aud have added them up with the others; be had no right to sitin judgment upon them. The candidate who bad the me jority of yvotee should have been declared elected, and the matter reported to the House.

Hon, Arroryey General.—According to the hon. members argument, no matter how flagrant the error might have been in return- ing the specia] votes, the Sheriff was bound to take these votes and add them with the others. The-statute said that every voter should state his qualifications to yote in the schedule, The right to vote by schedule was according to the Act, and to enjoy its advan- tages the voter was obliged to atiend to the

directions given him. According to the hon, members argument the Sheriff was bound to receive the echedules, whether bogus or not. He (Atty, General) thought the Sheriff hed a right toexclude all schedule votes tant had not Tees properly filled up according to the

provisions of the Law. If Mr. Dodd had demanded a serutiny at the Sheriffs Court, that officer cou!d not have admitted those schedule votes, becanse they bad not been properly returned to him; he could only have investigated those votes marked * objected’ on the Poll Books,

Mr. REILLY thought the question waa, whether the committee should examine those two votes or not. They appeared to be per- fectly good, but were marked for the wrong candidate, aud the only time when Mr, Dodd conld have referred to the matter wae when the Sheriff's Court was held. Where the electors rights had been interfered with, justice should be done to all parties, and he could not see how the Committee could escape the investigation of all the votes on the Pol] Books if it were demanded.

Mr. Munro quite agreed with the state- ments which had been made by the hon. member for St. Peter’s (Mr. Reilly). He could not see that the investigation of those two votes would compel the Committee, if asked, to consider all the yotes on the Poll Books. The Committee were not obliged to consider any more votes than had been asked for in the petition, on the side cf Mr. Dodd; as the sitting candidate might require av invastigation of other votes. It had been stated the other evyenixg that the Cyummiitee

TSS ae —

ee

bad the power to overlook informalities if wrong had been done to any of the electors, and that wherever en elector was deprived of his rights the Committee had the power to restore them, of to call @ new election, Io the two former cases thé oe had act- ed upon this principle, wherever no wrong was bone the cae they had the right to declare the two candidates who had a ma- jority of votes were entitled to their seats in the House. Where a vote was placed in the wrong colamn of the Poll Books, it sbould be rectified. If there were twenty or thirty votes instead of two, entered incorrectly, the Committee would no doubt consider them o sufficient importance to enter into the matter,

Hon. Arrorygy General. said that if those two votes were taken up nothing could pre- vent either candidate from objecting to any

. other vote on the Poll Books. There might not be many votes to which objection would be taken; and if the Committee went into the matter, the sitting candidate would have to be notified as to the course they intended to take, so as to allow him to prepare bim- self accordingly.

Hon. Mr. McEacusn.—There was no better way to act upon the matter than for each bon. member to consider the case his own, no hon. member in tnat case would be slow in coming to a conclusion as to what course should be taken. He was as carefal of his time as any bon. member of the Committee ; but he did not think they should shrink going into an examination of all the votes if it was mecessary. ;

Hor. Leaver or THE GO¥ERNMENT said that in looking over the proceedings of 1563, he found that there were four votes mis-record- ed in the same way; they were not investi- gated by the Sheriff, but by the House, If the Sheriff could not investigate them, It was clear that it would have to be done by the House of Assembly wie

The Speaker took the Chair and the Chair- man reported progress and obtained leave to sit again.

House adjourned till ten o’clock Yea

a ee Tcespay, Feb. 28. Impost Accounts.

Hon. the Speaker in the Chair.

Hon. Leaver oF rae GovERNMEAT laid be-

fore the House the Impost and Light duty Accounts, the Warrant Book, Saviogs Bank Keturns, and Despatches refuting to the re- strictions placed on American Fishermen last year. " House went into Committee om the Bill to c<mtinue certain Aets therein mentioned, which, being reported agreed to, Hon. Mr, Howlaw presented a petition from the Trustees of Saint Andrew's College, asking to be em- powered to self the land and property of that institution to pay for and purehased near Ss, Dunstan's College, which, being received and read, was referred to a Coramittee to report thereon, by Bill or otherwise,

Hon. Leader of the Government introdaced a Bill to exiend the operations of the Savings Bank, which was read a first time, and order- ed io Be read a second time to morrow.

Hon. Attorney General mtroduced a B'T] to prohibit the exportation of arms, which was read a first time, and ordered to be read a second time to-morrow.

House adjourned unti} 5 o'clock. G.

Lion. Leader of the Government, by com- mand, presented two messages froin His Honor the Lieutenant Governor, one op the sabject of the Fisheries, accompanied by copies of correspondence and other papers, the other a copy of the Imperial Naturalization Act of 1870, and forms of declaration to be made by parties seeking to avail themselves of it, scale ot fees, &c.

Ordered to }ie on the table.

The Committee on the Charlottetown Elec- tion was then resumed; Hon, Mr. Perry Chairman :

Charles Palmer, Esquire, Counsel for the petitioning candidate, Thomas W. Dodd, Esq, was then heard at the Bar, in support of the petition.

After some time spent in Committee, the Speaker took the Chair, and the Chairman reported progress, aud ubtained leave to sit again.

House adjourned till ten o'clock to- morrow, H.

om

Wepwespay, Mareh 1,

Debate on Savings’ Bank.

The House in Committee on the second reading of the Bill to extend the amount at present allowed to be deposited in the Savings Bank,

Mr. A. C, McDonald, Chairman.

Hon Leaver or THE GovernMeNT.—I su ose there will be no opposition to this Bil}. t is necessary to increase the amount beyond

the present limit, The atlity of the Institn- tion is universally acknowledged, A reference to the subject was rendered necessary in the Speech of the Lieutenant Governor. in conse- quence of the Treasurer having notified His Honor that the amount fixed by law had been reached, and that, uoder ite present constitu- tion, it had been found necessary to refuss several deposits.

Hon, Mr. Paary.—tI support this Bill, as 1 consider the operation of the Bauk tends greatly to promote havite of industry and economy, and I am gratified to hear that it has been so generally used by the people that it has become necessary to give it further power.

Mr. Mcunro.—I regard the Savings Bank as

a most laudable institution, and a public benefit to the Colony. That the deposits of small amounts should have now reaehed the limit allowed by Jaw, speaks well for the usefulness of the institution, and the habits of the people. The accounts show that the operations of the Bank bas, after paying its working expenses, placed four hundred pounds to the credit of the Government. While I shall gladly sup- port the BJl before us, I hope the Govern- ment may be able to see the way clear to exe tend the benefits of Sayings Banks to King's and Prisce Counties, as it is their duty, and, I doubt not, their desire, to foster habits of industry and economy in all parts of the Island, The establishment of local Banks in the other Counties, or of branches of this one, would be a great benefit by the facilities of depoeit of numerous small sums, which, in many instances at present, it is not deemed worth while to transmit to Charlottetown. The time has, in my opinion, arrived for the establishment of other local institutions in Prince and King’s Countles—euch as a Regis- try Office, a Money Order Office, and a Pro- bate Court, although, perhaps, the last need not be immediately necessary.

Hon. Leaner or tae Government,—This discussion is out of order. The Committee have to deal only with the Bill before us. The proper course for the hon. member to take, is when the Speaker is in the Chair, to introduce a Bill for the objects be advo- cates, and move it into Committze, when it can be discussed. It would be necessary to provide in Prince and King’s Counties, for the safe keeping of the monies deposited. Here they are at once invested it: the pay- meut of warrants or employed in the general service of thecountry, If the hor. member will shew a feasible plan of carrying cut his views, it shall receive my support.

Hon. Mr. Cattaecx.—lI quite agree with the Hon, Leader of the Government, that we should inorease the amount at present limited by law. The Bank is at once a benefit to the publie and to the Government. The saving of one per cent. on the interest account has over puid the working expenses, and the Government guarantee to depositors induces them to use the Bank more freely than they otherwise would.

Hon, Leaver cr ras Govsanusnt,—I

propose that the biank in the Bill be filled in with £109,000,

nd eet SES

Hon, Mr. Styctare.—TI have no objeo- tion to an addition to the present amount of deposits; but perhaps it is not necessary to increase it to 60 great an extent. at one time. I give all credit to the hop. member from Georgetown for the remarks he has made, but he should remember that there is no safe place in Georgetown in which to keep the deposits. Prince County is better off in this respect, as there is a Bank at Summerside where, by some means, the business of a Savings’ Bank might be transacted. The enlargement of the amount to be deposited in the present Bank in Charlottetown may have the effect of limiting operations of Savings’ Banks io Prince and King’s Counties.

Mr. Berr.—f am pleased to see that the Savings’ Bavk isin so flourishing a condition, and shall support the motion for £100 000.

Hon Mr, Perry.—I do not consider £100 0.0 too much, If the Bank, work- ing on a sma'l scale, has been productive of such advantages to the people and the Government, its operations on a more ex- tended plan, may be presumed to be greater, and no harm can be done, if the limit proposed by the Hon. Leader of the Gov: ernment is never reached.

Mr. McMritan —-I bave no objection to the biank being filled with £100,000, but it is time to extend the usefulness of the Bavk to the other Counties. In Summerside the Bank established there is safe enough as a place of deposit, At present it is a hardship and inconvenience to compel people to travel from Prince County to Charlottetown to deposit small sums in the Bank here, 1 see no reason why a branch of the present Savings’ Bank shou'd not be worked in connection wih the Summerside Bank,

Hon Mr. Sryctarn.—'i'be branch would be under the cvntrol of the Government, and aa assis‘ant paid by salary could work it wubout difficulty, the facilities the Sum- measide Bank possesses for exchanging monies would render the working of a branch easy,

"Phe blank was then filled with £100 000, and the Bill agreed to without amendment.

Hon, Leader of the Government thea moved the House iuto Committse on the De:patches and other papers relating to the i isheries.

The Fishery Question, Speech of Hon. G. W. Howlan.

Mr. Beer, Chairman. Tne Despatches, &o,, having been read— Hon. Mr. Hownay.— Mr. Chairman, the importacee of the subject to which these documents refer can ecarcely be over-zsti- mated, and the propriety, nay the necessity of an exhaustive discussion of it is requisite, in order that the deliberate opinion of the Legislature of the Island may go forth to the members of the Joint Commission, about to commence its sittings at Washington, Previously to the date of the Reciprocity Treaty, the law on the Statute Book, 6 Vic., Cap. 14, bad for its object merely to give effect to the Convention of 1818. Com- mauder Campbell, of H. M.S, Devastation, was appointed a Magistrate for the whole Island, that ke might exercise the powers given by the Act, but his commission con- terred upon him no jurisdiction outside the three mile limit, for the law only authorized magisterial interposition witbia that distance from our shores. After the abrogation of the Reciprocity Treaty the Colonies granted licenses to American vessels to fish in shore on payment at Orst of a fee of 50 cents per ton, increased the DexXt year to a dollar, and subsequently totwodollars. This was doue not for the purpose of raising a revenue, but for the assertion of our rights, and the very fact that such licenses were taken out is proof that those rights were acknow'edged. All parties here are and bave been desirous of maintaining friendly relations with the American people, but there isa party inthe States which denies that such is the case, and believe that the Colonies will be forecd into annexation if excluded from the Ameri- can markets, In my opinien those who quote us a8 annexationists ars the worst enemies we have towards procuring Recipro- city. I was io Washington last year en- deavoring to procure a more !iberal com- mercial intercourse, but 1 was to!d that the Colonists desired annexation, and that if our trade was hampered by restrictions, we would Le willing toenter the Union. Well, Sir, 1 do not believe that the feeling of our people is in favor of annexation, No one possessibg annexation principles could be elected in this Island, There may be a little feeling in favor of it in some parts of the Maritime Proviaces and Canada, but far from sufficient to send a majority of annex- ationists to the Legislature. I am satisfied that our best interests are involved in the maintenance of friendiy relations with the States. After we had exhausted all friendly means of bringing a closer commercial in- tercourse with that country, the Dominion Government asked us to assist them to pro- tect the Fisheries, by fitting out and em- ploying armed cruisers. We declined the overture, and then the British Admiralty issued orders, by which, atier six months’ notice; the system of licensing was to cease. We, as Colonists, were bound to submit to the authority of the Mother Country, and bad no alternative but to follow in the course adopted by the Goverument of the Mother Country and the Dominion. Any other action on our part would have only led to trouble and confusion. I bave heard it said that | was the cause of the troubles and difficulties which arose in consequence of the treatment American Fishermen received here last summer, Asa member of the iate Government, and up to this time my mouth has been sealed, as I was not at liberty to state what took place in Council on thie or any other matter; but, Sir, the Minute of Counci!, which you have just read, is now betore the couatry, and 1 think the people will award credit to the Government which drew it up. As I said before our true policy isto be on friendly and intimate terms with the Americans, 1 am in favor of al- lowing to land and transmit their fish, and obtain all the supplies they may require, but I am not disposed to give up our rights. The spirit of hospitality may induce you to welcome the stranger to our fireside, but you need not on that account allow him to take control of your house, By enforcing the law the British Government took away from the Americans no rights secured by Treaty, but merely put a stop to privileges allowed by eourtsey, No doubt the northern seotion of the United States conce' ved harsh feelings against the Colonies during the Civil War, Blockade-runners were fitted out, and cargoes for the blocka.ed porta Were put on board in Nova Scotia, New Brunewick, and at the ports of Montreal mad Quebec, but nots solitary instance of

Sdiaiemneee ee

the kind oecurred here. Tho States have now adopted a policy toward us, based

a sentiment of retaliation, but while I hope to see liberal trade relations renewed be- tween that country and the dependencies of the Union, it cannot be expected that their tariff will bear as favorable to us as it was under the Reciprocity Treaty, They are now burdened with a war debt of eight hundred millions of dollars, which must be provided for, but a reduction of duty on soine of our products may reasonably be ex- pected, The duty of 25 cents per bushel on potatoes would not be, in fact, more prohi- bitory if it Were raised to a dollar, and if the duty on oats and potatoes were reduced to 5 cents a bushel, a revenue would be re- ceived from them, and a trade in those articles could be carried or. Our ships would then be engaged in carrying oats to tke States instead of England. Sir, com- merce is like water, it will find its level, and if its natura! channel be obstructed, will find Other outlets, It is monstrous that in this 19th ecenury two great and efilightened na- tions should have their trade feneed round by restrictions worthy of China or Japan, and I hope that we shall soon witness a seitlement of this matter, which will prove mutaaily beneficial to ourselves and the people of the States.

Speech of the Hon. Mr. Callbeck.

Hov. Mr. Cantagcx.—It is unecessary for me to occupy the time of the committee by remarks of any length, as L fully coin- cide with the views of the hon, mewber who has just sat down, Some parties huve com- plained of the action of the Government of the day for having invested Commander Cumpbell with the authority of a Justice of the Peace, But, Sir, it is to be presumed that au officer in command of ove of Her Majesty’s vessele of war occupies a situation which would justify any Colonial Govern- ment in conferring upun him magisterial powers, even wiibouthe production of his commission. [thas been said by others that the Lieutenant Governor or Adminis trator of the Government, being ex officio, Vice Admiral, any officer of the Koyal Navy should lock to him for instracrions, It is true that the Queen’s Representative, for the time being is Vice Admiral cf the isiand, but that office merely authorizes him to eet in our Court of Vice Admiralty, and confers no control over tho national ships or their officers, the commanders of which re- ceive their orders from the Vice Admiral or other Chief Naval Officer an the Station. I have always been sensible of the advantage we derive? from allowing American Fish- men to land their fish in the Island and trarship them. Bat the opinion of the Law Officers was given to the effect that they could net legally do so, and that the practice bad been mere matter of sufferance on the part of the local Government, That in ebort we as a matter of mere courtes » bad not enforeed the law, That the infringe- ment of the law would involve the Jiabi ity ot American fishing vessels to seizure, the legality or illegality of each instauce of which must be decided by the Vice Admiralty Court of the island. if that court decided that any vessel had been illegally seized it would be only just and equitab’e that the Government should make compensation to the parties aggrieved. Asto what bas been said in reference to the licensing of Ameri- can Fishermen, it must be recollected that the system of granting those licenses was adopted by the several Provinces of the Dominion, and each granted such, as far as concerned the waters around its own shcres, When the Imperial Government and that of the Dominion put an end to the system we had todothe same. The late Government, of which I was a member, felt that they were compelled to act as they did, although fully aware that the course they were com- pelled to adopt was prejudical to the interests of the Island, The Minute of Council which has been read shows that the late Govern- ment were fully sepsible of their dyy to foster the trade of the Colony with the Americans, aud I am satisfied that no res- triction policy which we can adopt qill bave the effect of inducing the American Govern- ment te change theiryresentattitude, Our best and, { may say, only course is to man’- fest a desire to cultivate friendly relations with that Government, and to seek by that means o liberal measure of free trade or reciprocity, but while I say this I will add that I have no idea of giving up our rights, and bowing in humble submission to the be- hest of our neighbors,

Speech of the Hon. Mr. Brecken.

Hon. Arronnery Genrrat.—The minute of the late Executive Couneil, | am happy to admit, is a very able one, and reflects crejit upon the body which prepared it. I had been but a few weeks in office, when [ had to conduct a case in the Vice Admirali- ty Court, in the matter of a vessel caught fishing within three miles of the shore, Now, Sir, by the Convention of 1818, they were not allowed to approach our shores within three marine miles, for the purpose of fishing, without jiability to seizure. The minute very properly refers to the large amount of business carried on in connection with the fisheries in the Straits of Canso, but an Act of the Imperial Parliament was passed in the month of June following the execution of the Convention of 1818, to enable the British Goverrment to carry out the conditions of the agreement eutered into with the United States. IL agree with the bon, member (Hon, Mr. Howlan) that the British Government and these Colonies are disposed to act toward the United states in a spirit of liberality, but the abolition of the Keciprocity Treaty of 1454, had the effect of stopping @ business beneficial to all parties concerned in it. This was done in order to starve us into Annexation ; but the Americans bave found out their mistake, and the great trade between the Colonies and the States has been diverted into other channels. A liberal construction has been applied to that part of the Convention which relerred to the mouths of harbors and bays, and the British naval officers were instruct- ed to warn off trespassers. I believe that the Lwperial Government, in issuing the orders tbey did for the strict enforcement of the terms of the Convention, acted at the instance of the Dominion Government, and the late Goverpment of the Island should have been in possession of those orders, so that they might give notice to American fishermen intending to visit our shores, But, in few words, 1 may say that, as the Colo- nies are subject to Lmperial control, I can Only express my sincere bop? that this vexed question may be settled by the Joint Com- mission at Washington ; aud while I admit that the principle on which the Convention of 1818 was based, is antiquated, yet I am not, on that account, willing to give up our Tights without adequate reiura.

Speech of W. S. McNeill, Esc.

Mr. McNems —1 admit that Britain has pursued a libera! policy in reference to the United States, The Convention of 1818, was merely a continuance of the Treaty of 1783, koown in history as the Treaty of Paris, by which the then new Republic, was recognized by the British nation, The only difference was the inser- tion in the Convention of ihe clause relative to the three mile limite The Auerican Commissioners Franklia and Jay, under- standing fully the value of fisheries in the Colonial waters, urged upon the British Commissioners the right of Americans to come into the Gulf to prosecute the busi- ness of fishing, and the representatives of Britain, ignorant of the importance of the intéresis involved, gave up what po other Government had ever conceded, and that at at time when the flag of their country floated victorious in cil parts of the world. I do not think that the Treaty of 1783, was ever intended to exclude Americans !rom coming into our harbors for the purpose of obtain- ing provisions avd other supplies—such a construction would convey 8 libel on civil- zation. By that treaty parties were sllow- ed to epter into the different bays and harbors, and land and cure fish, if these places should be uninhabited; but, where settled, they could effect these objects by agreemen’ with the inhabitants

Hon, Arrorney Genexat.—No,

Mr, McNeiru,—I may be inerror; that part of the treaty way only have had refer- ence to Labrador. We should bave no desire to extort privileges from the Ameri- can Government. We have claims upon the [mperial Government, based on stronger grounds than those known as the Alabama Claims, The stoppage .f our trade with the States is only a continuation of their Colonia! polisy, adopted in ignoranee of our circumstances and the nature of our business, and, I believe, was inspired by the Do minion of Canada.

Resolution of the Hon. J. C. Pope.

Hon. Mr. Pope —I do not see what we bave to do with the question of the Alabama claims. This is an important matter, and it is in every way desirable that an expres- sico of cur opinion should be tranemitted to the lovrernational High Cou.mission at Washington, I will therefore move the following re-olution :

** The Committce of the whole House aaving under consideration copy of a Des- patch from Lieut. Governor Robinson to Earl Kimberly, Her Majesty’s Principal Secretary of State for the Colonies, —No. 15, dated 22d Nov., 1871,—alsos despatoh from Esrl Kimberly to Lieut. Governor Robinson, No, 39, dated Downing Street, 17th December, 1*70,respecting the practice of admitting United States fishing vessels to enter in the ports of Prince Edw rd Island, together with extracts from Minutes of the Executive Council of this Island, dated 2d September last, and other documents upon the same subject, reports that they are gratified at the result of the appeal made by the late Government to the Secretary of State when American fishing vesse's are admitted to entry io the ports of the Colony, and permitted to land and to tranship the fish from them, inasmuch as the exclusion of the said fishing vessels from the porte of this Island operated prejudicially upon ite trade and commerce, ‘The inhabitants of this Island generally, would therefore view with regret the re- mposing the probibition which was imposed in the latter months of the past year. The Committee, however, express strong opinions against allowing such versels the privilage of our inshore fish sries, without the United States granting us ad- equate trade concessions in return.