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LEGISLATIVE SUMMARY,

WEDNESDY, April 9.

On motion of Mra Coves, the House was vegulved into a Committee of the whole, en the Resolution touching the Pensions er Compensation, deraanded by Her Ma- jesty’s Governinent, for the Colonial Se- ereiacy and the Attorney General}, on their retirement from office. Mr. Pope declared thet he would never consent to the adoption ef any measure, by the operation of which, the peo be would be taxed to provide Pen sioos or Compensations, on retirement froma Office, for individuals who had never brea in the service of the People but who, whilst in place, had been the mere officers asd sestruinents of the Briiish Government. it @ag true that might appear to others, that they had no alternation, but either to saake provision fur the Pensions or Com- peasation in the way contemplated in the teeelution, or to refuse to pass a Revenue Bill end grans the Supplies; and that, to prevent ii the great loss and inconvenience to the country, which would be conse- qzent upon the latter course, it was their duty. at who present crisis, to yield to the pressure of cireun 8 ances, and, as a matter ef expediency, to do that to which they were otherwise decidedly opposed. He, however, stood pledged to oppose the recognition of the justice of any demand for pensions or retirements to those Officers, fer whom it was claimed by Her Majesiy 5 Gosarnmest, that would impose the slightest additiewal burthen upon the people; and toe his pledge he would sirietiy adhere. And, althaugh he claimed pa right to dictate to others, he might be preinitted to say, that he thought it would ve much beiter to adopt the extrere course, to decline to pass a Revenue Bill aad grant the supplies. vn'ess anew Go- verament should be appointed, having the eonfidence of the House—a right which mo Government could pretend to deny them; fur, in such a course, he was per- sueded, they would be sustained by the woige of the people; and, although the im- mediate consequence might oe, with reference totte introduction of the Respon- sible System, its further pestponement for a short tine, they would ultimately obtain the full concession of all thatthe people demende’. He would, therefore, as in eunscience bound, oppose the Resolution.

Me Montsowery had no objection toa Tax upon Land in aid of the Civil List generally ; but be was steadily opposed to the granting fof Penstons; and for that reason he would vote against the Resola- tion.

The House being resumed, the Reso- Jution was reported agreed to; and the lion. Bpezker having put the question, ‘shall the report be received?’ The House divi- ded :

Yeas—Measrs. Coles, Whelan, Clark, Davies, Jardine, Beaton, Mooney, Flynn, M: Neill, Lord, Laird, Fraser—12.

Nays—Honorables Mr. Palmer, and Thoroton: Messrs. Longworth, Mentgo- mery, Haviland, Douse, Pope, Warburton

Ma Warpvrton.—The following note, addressed to the Reporter, by Mr Warbur- tan, the Chairman of the Committee of the whole Houee on the Governor's Answer, ee which the bore Resolution was agreed to, will explain the reason of his name’s Sppearing in the minority, in the above division.

Dear Sir;

Mot being exactly aware of ihe Rules of the House, and being Chairman of the Cemmitiee on the Governor’s Answer to tha House on Responsible Government, | had not the opportunityef giving any rea- aeons for voting against my own party on that occasion. ‘The reason ts simply this —I gave a pledge to my Constituents, to eppose pensions, decanse | thought a Pen- eea List would prove injarions to the Ceteny; and also because I believed the paciics claimiag Pensionshad no claim on the Colony. fo these remerks 1 shall mere!y add that I believe the majority acted, 8 1 would have done, had | pot given the pledge which I did give to my Conatit’ ents

I Remaio yours truly, J. WARBURTON. Mr Irving, Reporter of H. A.

Wednesday evening, April 9, 18S1. Ce motion of Br Colea, Messrs. Coles,

Wi sian, Jardine sad Pease: wer appoln - y

ed a commitiee ta prepares 29 Addrossa to

His Excellency iu aceordauce wiih tle

above Resolution.

Address to hits Feaecellen be sub- ject of Pensions — Mr Corns trom ie Com mittee appoinied toyreps ad ‘tAdd to His Excelleney, with refercaos w tne Pensions demanded by {206 “taiosty’s Co- vernment, reported a Dras Addscos the same having deen commited to a Committee of the whela tlouse, acd bees agreed to therein, wus reported to the House asfollows :

Jo Mis Excellency Sir Avexanden ban NERMAN, Anight, Licufenant Gowcraogr, ge. Fe. $e.

Mav it please Your Excellence ;

The House of Assembly have had under their consideration your Excel- lency’s Message ot the ‘7th iast., in answer to the Assembly’s Address wherein they expressed their views on the subject of Lord Grey’s Des- patch, of the 31st January, 1851, and pointed out the mode by which they purposed to comply with His Lordship’s instructions to your Ex- cellency.

They observe, with regret, that * the Lieutenant Governor has no discretionary authority to yield the conditions on which Responsible Go- vernment is to be conceded, and the Crown Revenues surrendered,” and that the mode suggested by the House of Assembly would be insufficient to enable His Excellency to carry out either the letter or spirit of his in- structions.

Upon, therefore, a reconsideration ofthe position in which your Excel- lency is placed, and actuated by a desire to proceed with the perform- ance of the public business, the House of Assembly have agreed to provide the full amount of compensation de- manded for the Attorney General and Colonial Secretary on your Exce!- leney’s complying with the well un- derstood wishes of the people of this Island, in reference to the reconstruc- tion of yourExcellency’sGovernment.

The resolution of the House of As- sembly, accompanying this Address, will inform your Excellency of the source whence they purpose to derive the necessary funds for the allow- ances contemplated to he given to the Attorney General and Colonial Secre- tary, and in aid of the Civil List Bill; in regard to that subject, the Assembly beg to direct your Exceliency’s atten- tion to the Extract of a Dispateh from Iier Majesty’s Colonial Minister to the late Lieutenant Governor, dated “ Downing Street, 12 November, 1847,” in which HisLordship recom- mends the Local Legislature to *traise a larger proportion of the Colonial Revenue” by a tax upon Lands, as being “the best mode that could be adopted for providing for the neces- sary expenditure of the Colony.”

‘Thus it will be perceived by your Excellency, that the House of As- sembly are fully disposed to afford your Excellency an opportunity of complying with the long entertained and earnestly expressed wishes of the people of this Island in reference to Responsible Government, and that it will not be the fault of the Assem- bly if that system of Government be withheld from this Colony.

Mr Coves then moved that the Report be agreed to,

Hon. Sox. Genernan moved that it be disagreed to. The question be.ng put on the Hon. Solicitor general's motion, the House divided.

Aves—lHonorables Mr Palmer and Mr Thornton, Messra. Longworth, Montgo- mery, Haviland, Douse, Pore,—-7

Nays — Messrs. Coles, Warburto-,

, ‘ - @ ‘ ~ Whelan, { lark, Lleries, bseaten, T ras: ; i NOR, 4. Cisse Lard, Muon ¥. Laird, Mc

j Ne}! a ‘ $)@ gucetiva being put oo Mr Coles”

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.auon the House again divided—the divi- sion being as above. Yeas—1i3. Nays—7. So the Address was agreed to; and the Covaimittee who prepared the Addresswere pointe) a Committee to wait upon His | iuxcellency with the same. FRIDAY, April 11. hjeicd Tenants. Compensation Bil.— "= Cores rose to ask leave, in pursuance vi & certain notice which he had given in the Order Book, to introjuce a Tenents’ Lights Bui. He believed a similar Bil! had ‘oer introduced and carried through oe Assembly in 1847; but, althongh he bad taken some pains in searching for the Roi, he had not been able to lay his nands upon it; and he was inclined to believe it had been ‘‘durked”’ in some part of tae Building. ‘The Legislative Council had, he understood, said, with reference to the objecta of that Dill, thas instead of proceeding to a consideration uf them, it would be better to wait until the effects of a similar measure for Ireland, then pro~ gressing through the House of Commons, should become apparent. The Pii] which he was about to present contained such provisions for the pr: tection and encourage- ment of agrici [ural tenant settlers, as, he thought, could not fail to meet the views of al] who were really friends to the clear- ers of the wilderness and cultivators of the soil, whose labors were not only so highly conducive. but essentially necessary ,to the prosperity of the Colony. At present, said the hon. member, the tenant farmer has not the smallest securi(y or shadow of guarantee thathe @ hal] ever be compensate d for the improvements which he may make apon his farmi He has, therefore, no en- courageiment (oendeavor to erect, either a suitable and comfortable dwelling house for himself and fanuly, er even sufficient out houses for the protection of bis stock. Generally, aetilers here from the old ceun- try, as well from some paris of Great Bri- tain, as from Ireland, where, at very high, or rather very exorbitant rents, they had held and culuvated a few acres on tenures of two, three, or four years, were induced to think, by interested representations, mace tothem, either before leaving thc ic native land, or immediately on thet arrival here, that by obtaining large tracts of merely wilderness land, even although it might be, as it was im too many instances, on tenures of only twenty, thirty, or forty years, at what,as compared with the rack rents which they had paid in the old country, appeared to be the easiest and most encouraging terms,they were inaking a most desirable exchange from what had been litle better to them than hopeless and unremunerative toil, to prospects of certain comfort and independence. But, by the experience of a few years, all their hopes of being able successfully and happily to overcome the difficulties which laybetween them and the natural and Jaudable object of their pursuit,were, {as theireyes were gradually opened to the true nature of their position,) almost completely dissi- pated, and, inthe end they found they were the victims of what had, in truth, been little Jess than a delusion. a mockery, andasnare, The little means which they mizht at first have possessed had rapidly disappeared in the purchasing of neeessary farming implements, asmalbstock, and, at the first, in buying food which they could not raise. With much toil thev had, in time, sneceeded in clearing and bringing under cultivation afew acres; but all their exertions procured them little beyond a bare subsistence and the means of paying their rents; aad, es they came more fully to understand the terms and condi- tions of their tenures,thev clearly saw that | should they, by unforeseen losses, such as the failure of crops, diminution of their } stock by disease, accident, orthroagh an insufficiency of fodder or food, or inability to prosecute the necessary labors of their farins, be unable to meet the demands of their landlords, and get into arrears of rent, they had, generally, the greatest reason to dread that they should eventually be eject- ed from their farms, and Jose all the labor ot years ; for, however much the improve- ments made upon their farms might exceed the amouut of their arrears of rent, for that excess or difference they would most unjustiy be denied ail compensation, It was easy to conerive how, under such dis- eoraging circumstances, men’s energics

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13

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pay off their arrears of rent, and surround themselves, in commocions, and substar— ial dwelling houses, with the reasonable comfuits of life, they sadly or sullen'y, toiled on fora mere subsistence, under the most disheartening belief t! at, in spite of all they could do, the day of ejectment and ruin would finally arrive. Surely al who were sincerely anxious to see the con- dition of the tenant former improved and the general prosperity of the Colony en— sured, would see how necessary it was to give him a greater interest and a greater security In the improvements, effected by hisskill and indastry in the cultivation of his farm ; and he (the hon.member) there- fore, hoped that every real friend of the farmer, every advocate of agricultural in- terests, and every well wisher to the Cole- ny at Jarge, in the Heuse, would support the Bill which he was about to submit ; for he thonght, it was so framed as to mect the views which, with respect te the ques tion, must be entertained by every such individual in the Island. The hon. mem- ber then explained that by the provisions of his Bill, as they then stood, it was pro- posed to give, by law, to every tenant in arrears of rent who might be subject te, or threatened with, ejectment, an oppor- tunity to have the wlue of his improve menia ascertained by fair arbitr: tion ; and, tothatend, it provided that, when any tenant should be served with notice of ejectment, he should be at libeity. within a limited time,to give notice to his landlord that he desired to have the value of hes improvements ascertained by fair valvatior, naming, in such notice, the indiyidus! whom he had chosen to act as an arbitrate: on his beha f in the matter«f valuation ; that the }andlord should, in like manre ,. be at libesty to appoint an arbitrator on his behalf; and, in the event of two arbitraters being so appointed, that they snould, a3 1 usual in cases of arbitration, be allowed, if necessary, to choose a third arb trator or referee, to adjust the va'netion between them, and award accordingly And then, should it be found that the value of the Improvements Was greater than the arrears of rent, the proprietor, (should he stilt insist wpon ejewting his teaamt) would be required 19 pry the balance or difference to the tenant. But, shanld the case prove otherwise, and the arrears of rent exceed the value of the improvements ; then, that the tenant should be allowed to contioue in his tenancy, atan increased rent (the in- crease io be equal to the legal interest on the excess of the arrears of rert over the value of the improveme:ts,) should he de- sire to do sv on sneh terms. This provision was meantto apjly only to short leacce about to expire. It was a'so further pro- vided, by the Rill, that, whenthe parties should have submitted the ques#on to arbitration, and either party shou!'d be dis- satisfied with the award, he should have the right of appeal to the Supreme Court. And again that in every case in which the proprietor should decline arbitration, if proposed by the tenant, and should sue him at law for his arrears of rent then, on the tenant’s proving to the Court, thet he had given the proprietor dne notice ef his readiness to refer the matter to arbitrz- tion, that 1 ehall be the duty of the Court to nominate an arbitrator on behalf of the proprietor, and thet the arbitration shall then be proceeded with, and the award made, as in the first place directed. The Bill had originated in a desire to protect the tenant from the proprietors ponneing down upon him and unjustly depriving him, by ejectment, of afeir compensation for his improvements, when they shou!d be found to execed in value the amount of his arrears. of rent; but still, he hope’, it would appear that the several provisions of the Bill had been framed with a jast re- gard to the rights of proprictors, and were intended to affurd equal protection to both parties, ‘The hon. membder then stated, in farther explanation of his Bill, that ra cases of sub-letting, the subtenant was to have no claim upon the proprieteror origi- nal lesser for the erectio of a dwelhng house or any out-buildings for his own use and convenience ; but that compensation should he claimed only, when due, for im- provements directly made in that way by the original lessee for his own immeciste convenience and benefit and for ihe im- provement of the farm. He aleo stated that.

i$ wes not meant to apy ly to lease holders of ten ot twelve acres, falien for the eree.

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