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_ this, or even that .of‘ the present time. -, selves. Thus, miserable dwellings, miserable-clothes, and

: teal state of the case, but it would not have that effect with him (Mr. Montgomery,) who thought a purchase, with cer-

, tam easy conditions, would give them encouragement to

“ the Court prayed for

gmut.

. tenantry, who cannot pay their present rents, I

«

HOUSE OF ASSEMBLY, Fanny, Feb. 23d.

LAND SETTLEMENT QUESTION. (Debate concluded.)

Mr. Monroomnav reiterated his former opinions, and ad- .dcd, that the_iinprovement ofthe Colony was retarded by the arrears of rent; the tenantry, find it impossible to pay

_ _ . Thus are ti 9 ' - pirited, and the et‘Iect upon some may become indolenilS' there is no encouragement whatever for them to exert them3

«dejectedmppearance, follow as the consequence. 'I‘he hon. members special pleading may carry away some from the

persevere. _

Mr. YEO said the immense sum requisite to buy up the lands must be an insurmountable barrier to its accomplish- ment, and therefore to say he could fall in withthe plan, would only be to make fools ot'his constituents.

Mr. DALZIEL could not refrain from stating his opinion of ithis assembly and government being annexed to Nova Scotin. He hoped never to see this, for it we cannot legislate for .ourselves, how isit possible that they can ? (Hear, hear.)

Mr. COOPER said, all may not he benefited, as had been :stated by the hon. member for Charlottetown (Mr. Palmer), ifescheat was to take place. But that is no argument to shew that the proprietors are blameless. Ifthey had acted in) to the conditions of the grants, then one halt'of'the lands would have. been settled. As to purchasing, that he followed till he saw it was no use. It is said we effect nothing. How can we, when all our attempts are frustrated, and smothered almost before they are conceived? Should a delegate be appointed, they must say esclieat is at an end (which is far

from being true), or the government will not advance any funds. Some hon. members contend we. cannot have a Court of Escheat; but where is that hon. member who is bold enough to say, we are not constitutibnally entitled to one ? The original grants ought to be urged by the delegates, and ifthis is not part of'their instructions, be (Mr. Cooper) saw no use in such a delegation.

Mr. D..IVI‘LEAN said, the hon. member for Charlottetowul (Mr. Palmer) may be faithfully representing his constituents; escheat may not be needed by the people of Charlottetown, but what has that to do with the tillers oi'the ground? As to annexation to Nova Scotia, an hon. member (Mr. Dalziel) says, if we cannot make alterations for the better, they cati- not. Yet, is it not quite ,plain that we do not give satisfac- tion—that we do not create peace and tranqiiillitv? If an~ pexation is resorted to, we should then possess the privilege ofa Court of'Escheat. And is it not exceedingly probable, that with the united strength of both houses, our entreaties would command proper attention, with the home govern- :ment. In regard toa purchase of the lands, government

may not be able or willing to advance the money; but means might be'i'esorted to, to guarantee payment to the proprie- tors. He would not pretend to give an opinion as to the price the lands should be. A commission should he appoint- ed to value the whole of such lands. This colony must become like others; and in ac dance with my views I bow beg to snbmifii ‘Re‘solutioiiIliy way of further amend-

, 5' meat:

“That were a Law enacted, or an arrangement made, with “the sanction of the Imperial Government, to vest the free- “liold ofthe soil in the tenant, upon payment ofa fair and “reasonable price to the proprietor, this Committee is of “opinion, that such'law or arrangement would present few- “cr tliflicullies, in the way ofa settlement, than Esohcat, or.

iii the Address: That such a mode “ofsettlemeiit has for precedent the practice ofother British “Colonies—would be approved of by this House, and be

' “satisfactory to the country generally."

The House divided on the motion ofaiiiendiiient: Yeas—Messrs l). Maclean, I). Macdonald, Fraser, A. 'liIac- lean, Dalziel, Coles, Rae, Montgomery, Mucgregor, Ding-

. Well-40. I

Nays—Hon. J. S. Macdonald, Messrs. Cooper, Macintosh, Cambridge, Beairsto, Hon. Mr. Palmer, Aitken, Yeo, Long- worth, Thornton, Wighliiiun, Hudson, Dotise——l3.

Mr. THORNTON said he was rather puzzled to know how to proceed with so many resolutions, Soc. ow, but “Might he would take tip the original—that of. the hon. member for King’s County (Mr. Cooper). which i5, It now seems, of the same nature as those which have been sonoften answered befoie; and the hon. member is fully convmced iliimSelfthat it cannot be of the least avail, if curried, though 'Oflhis be has not the.slightest expectation. M is equally dif- ‘zficult to make out what court it is the hon.

this Excellency the Lieutenant Governor to establish and ill" syiionimons, Yet. call it by whatsoever name he mPl’gdoes he by the escheaters, that he (the Speaker) . :‘uliposei “his FeBOIUliml Were agreed “film” ms bxcenen' them in any other light than as public enemies. - “they would comply, . . deuce, the Imperial

without first‘ consulting, by correspon- Governinent?and then where should we be two opinions upon this head; a re-

3be? There cannot I of course, and then again

fusal would follow, as a matter . would be an end to the performance. Had It "01 been for the lion. mover of this resolution, there might liavc been all Escheat Court at one time, but the lion. member (My. Cooper) would not be content with the Escheat of a few 'lownships ‘lhnt were then liable, but those that were not must also be Subject. Thus the hon. member, in graspingat ii shadow, .lost the substance. “lwill,Sir, put it to you_agani, if the hon. smeliiber did succeed, what benefit could arise? The Crown -would put up the‘ lands for sale, and no Single tenant coul 1be sure ofnot being disturbed in his present posseSsion. .e éhnd better take a bold and decisive course, and from this House at once make it known to the people, that it canan be carried into efl'ect; that the Imperial Goycrnineiit WI mever sanction it, or the least approach to it. The hon. incin- her for King’s County (Mr. Cooper) has stated, that I nan pledged to bring forward some llneflSllI‘B, and lie gioun s fthat statement on something I said last sessmn, in support- ing the address to Her Majesty. 1 then thought the piopilie- .tors would do something; but no doubt they act With hn_e .caution; and knowing by past experience, that if an inc lis :given, an ell would be rcqmred, it is now qseléss in us lot iproceed further, particularly as Her Majesty s ovilzimnen éseenidetenmined to keep aloof from all interference ietneen Abe proprietors and their tenantry; wliat_inay be the caulse, 21 Will "0! pretend to say. A Delegation is now c‘on‘teili‘ip ae— ited. It may not be_ont of place just to give a bile s cti. l .ofwhat they are to be entrusted with; it Will prove to i is iPmPl‘ifltOFB that We are determined not to leave a ISIOIlefltlttll- sturned, in our endeavours to ameliorate the, condition 0 e nuch more the arrears; it will endeavour to convince them that it would be 10 their interest to encourage the fisheries, and also to o gun their views as to the disposal omhe lands by sale, ooh i.- It hasbeeirseen repeatedly, that to attempt to compel them is useless; but it can be made plain to their view that. t are is a majority in this House determined to perseyefo in net}: holding .the‘interlests of the colony; thus persuasion!!!” ," feet thatwhich it is found pay httempt at compulsion WI 1101. These are some of the important matters the delegates 'Twould have entrusted to them ;

01' so equivocal and nonsensical a nature as the one now un-

do (1‘ ' n which in the first place, there would be no 5"“:ndil’i‘i‘fgilb’tdiniiyg, dad in the second, if obtained, would

l

member W'Shes sides, an esclieater land a public

but not to ask for a Court .

CHARLOTTETOWN, SATURDAY, MARCH 16, 1844.

. 32:11; good. 'lhe tenantryhave been led to believe that if; T S_c ieat Couit was in being, they would all get free laiid.t ht?! is complete nonsense ; it would be put up by the Crown, ; :rufiligfifgbb" tit htllgh'rates, and those who have put such: T, h file in my bound to uiideceive the deceived. ioug this is. not done, the filajol‘lty of‘the people learn it fl'omubellel‘ finends. Let us now set this question at rest, and 10" ever; it has obtained a very free and full discussion, and 1 hope the hon. member (Mr. Cooper) will never more l bring it forward, to put the country to still further expense. It is useless to attempt any thing that is not likely to obtaini the Sanction Ol'ller Majesty’s Government. Ifthe tenants“ could but obtain cash for their produce, it would be one source of satisfaction to them; this is a matter We shouldi also make an attempt to accomplish. Alliisioii has been made to annexation by an hon. member (Mr. D. M‘Leuii,), and though, from the manner iii which he made it, onel might suppose he was serious, yet really, Sir, the question\ is so absurdtliat credit can hardly be given to the hon. mem- her that lie is so. lfany benefitcaiiie from such a plan, that part of the Island at which I reside would receive the most‘[ yet do I scout any such idea.” The hon. member(Mr. Thorn: ton) then concluded by declaring that he was very sanguine in expectation that much good and lasting benefit would be , consequent upon the appointment of'a delegation, entrusted to Vtt’cat‘upon all the real grievances of the Colony.

1 he HON. the SPEAKER apologised for a‘gain rising, but said he.would not detain the house Ion". The hon. member for Princetown (Mr. Motitgouiery) had said, that if the hon. member who last spoke was a tenant, he would act differently. He (the Speaker) would ask it'it was in consoquence ofthcir being tenants, that the constituents ofthe hon. member in Princetown Royalty were so loud in their abuse of the go- vernment? The hon. member for King’s County (Mr. Cooper) had unblushingly stated to this house, that the an- swers ofdeiiial, received from time to time from her Majesty’s Government, in reply to the applications for Escheat, ought not to be considered as replies to the Addresses ol'this house, biit broadly states that they were advised and obtained, in consequence ofsecret despatches from the Executive Go- vernment of this colony, whom he is pleased to designate as the enemies ofthe people. There is not the least founda- tion for such a charge; but, he would ask, what were the an- swers he received at the Colonial-office, when he made his appearance there in person, as the paid Delegate from this Island? Did he not then meet with a positive denial'to his request? Such was the opinion entertained by the Imperial Government ofthe hon. member, from the communications which he made to them, that Lord John Russell refused him an audience. \Vho is there that recollects that” celebrated mission, who has not; had cause to blush for the disgrace brought on the colony, by the meanness and incapacity ofthe Delegate? Having arrived in London by the cheapest mode ofcouveyaiice, namely a stcerage passage, he finds he can do nothing for want of'a copy of the laws ofthis Island! The next move is to apply to a young lawyer from Nova Scotia, who happened to be in London at the time, and to offer him the niiiiiifit-ent sum of Five Pounds for himself, and another Five Pounds as a fee to be given to some other professional gentlciiizin of eminence, and by whose joint exertions the entire freehold of this colony, comprising 1,300,000 acres of land, was to be wrested from its present owners, to become it prey to the rapacity ofa discontented rabble. However, the tempting offer was refused, and the Ten Pounds returned to the pocket of the Delegate, and with the remaining 'l‘wo.liundred and ninety pounds of the public money, with which he was furnished, has never been accounted for to this day. One thing, he thought, was pretty evident, that this self-styled fi'icnd ofthe people never loses an opportunity of serving himself, while he thought i: would be very diflicult for him to point out one solitary act of his political life that has ever been ofthe slightest benefit to the public. And yet he has the effrontery to charge the govern- ment oftliis Island with being the enemies ot'thc people. Who is there, he would ask, who recollects his famous l-Iay River Resolutions, wherein he advises the people to with- hold the piiyment of their rents, and his equally celebrated speech at St. Peter’s, where he attempted to persuade the people, that it was constitutional for them to take the law into their own hands, and of the artful uiid wicked manner in which he stated, that if'they (iii the capacity ofjurors, of cou.rse,) were called upon, they would, on their oaths, be bound to declare that any persons distraiiiing for rents, other than the Sheriff, \vere violating the law, and were not en- titled to its protection, can wonder at the evil efl'ccis ofsuch advice oti the people of Kiiig’s‘CoIiiity? He well knows that if‘eschcat was set at rest, his occupation would be gone. In the part ofthe country in which lie (the hon. Speaker) re- robber were considered as and such was the evil brought on the country could not loxk pu

t t to last election he had informed the electors of the district which he has the honor to represent, that if there was one escheater among them, he (the Speaker) would beg of limb as a favour, not to vote for him, as he would certainly feel himself disgraced, if he thought he represented such an iri-_ ,dividual.—He would ask the lion. member (Mr. M‘Leitn) if (he had made any calculation of the sum that would be re-_ quircdto carry out his scheme of purchasing the land of this colony, and how he proposed raising the needful? These ,were questions which he thought the hon. member was (bound to answer, before the house could for a moment eti- (tel‘lnltl such a proposition. Now, supposing the value of_t|ie ‘ lands to be only I s. sterling, per acre, which was certainly much beneath their value, it would require £650,000 sterling, or £975,000 P. E. Island currency, and this sunrto be raised and paid by the present occupiers, who, it is said. are (llme unable to pay even the rents, much less the principal. He (the Speaker) was afraid that our Chancellor of the Exche- quer would not only have to tax the rental of the preprietors, but he was afraid he would also have to levy a large per cen- tage on the iiienibers’ pay! “ Let me entreat of you (said he) to throw overboard such visionary schemes. Consult your own dignity as a public body ; show real sympathy for the tenautry, by fostering a better state of feeling between them and their landlords, whereby the latter may be induced to aid us in ,extending our agricultural and commercial enterprize, which will assuredly conduce to thy; general happiness and prosperity oftlie community at large.

Mr. MONTGOMERY would (381313! in stating that it was not the tenantry who were the agitators, but the agents; they ‘I “'35 who indirectly, if not direcdy, caused it; and let them bear the burden.

Mr. D. Miami, in allusion to what had fallen from the ban. the Speaker, relative to the novel plan of settlement prayed for in a petition be (Mr. M‘Lean) presented a few days since, saig the hon.Speaker seemed staggered as to howthe funds cool he raised to purchase the lands of the proprietors; Sl‘PPOS‘“gv said the hon. member, the price fixed be ten shillingS Per acre; and the time given to the tenants be ten years, then 101' every one hundred acres the inieiest be_iwo pounds ten. would}? every exemon be made to accomplish this by the iniereste Parties; the British Govrrnment POSS'MY would becomeIguamnl' itee for the Paymem; [hm lhzl' ‘Voumi 0‘ WW“ “0" canno ’

i sa . saln‘lj:he;::ssl::mtiiefugitihe lflotid’mcmlier (Mr, Montgomery) to bathe whose agents they were that stirred up strife, and mired ; ' ‘ - his sir would be the way lo d0 WNW“, “am” ""3 ag'laum’ l ' ' ' other [defy them todo iei the House name them, said the hon. me . .

i

ii;linthis House last session the same assertion was brought forh against the proprietors, but could those who then moved the point state one, though a list of the whole was by me sub- mitted to their inspection? no, sir, they could not then, not can they now, I again repeat, I challenge them to the proof!

Mr. RAE commenced by quoting some lines of an old Scotch sopg, which appeared to amuse some hon. members, but whe- ther from the celebrated author Burns, or chosen was, or what it was, the Reporter cannot say, and he pleads ignorance of the language as his excuse; the hon. member proceeded to remark that those who demand what cannot be paid, 'and then proceed to distraiii, must be the agitaitiis. That which the hon. member l for King‘s County (Mr. Coopei) causes is as nothing compared; to that caused by the Bailiff, and what he does is caused by the) the agent, thus then we get to the root of the evil; and plainly shew who are the grand agitators of this Island. Much has been said by the hon. the Speaker relative to the conduct of ihe hon. member (Mr. Cooper,) when delegated to the home govern- ment ; be (Mr. Rae) thought this triumph was rather out of place, a little unjust, inasmuch as Lord John Ruésell said he had nothing to do with it, and would send an answer through the proper channel; how then can the hon. member be so much

to blame? ihciinii. the Speakei, in no measured terms,atteiupls l

to throw oil the Iidiuni he is master of upon the Escheatques. lion and those who support it, but he (ll/Ir. Rae) seemed to have some recollection of bygone days, and thought the hon Speaker was ai one time an Esclieaior, (i do not deny it. ejaculated the hon Speaker,) why then attempt to cry down them who see no reason to change? (the lands are settled, said the hon. Speaker. and thatisibe lemon of my changing.) Olilthai isii, replied the hon member, how then does it happen that ihe whole is not yet settled; the hon. the Speaker cannot for one moment put up With any remark about his Excellency or any one composing the Executive of this Colony ; but, said the hon. iiieinbei, iheie is something Very dark and mysterious in thaicomposition ; he need go no farther than just put a simple unanswerable question, which was this. should we ever have known that pri- vate correspondence had been practised by his Excellency, had it not been derived from documents and uespaiches laid before us? was it not the truth that his Excellency Ind communicated in the home government that the tenants would soon be enabled to pay their arrears of rent, yet the vciy nextyear, this House had declared and agreed to an address in her Majesty, to the effect that they could not pay. Alihougli he (Mr. Rae) dis~ agreed with the hon. tlielSpcakcr in some of his opinions, yet he must say, he fully agreed with him that it would be very difficult 10 buy up the lands, that difficulty being how, and by what means it is possible that money can be raised to cariy out the scheme lately introduced to our notice; the lion. member then again expressed his dislike of the original ino’ion, as being too extensive, and would rather have seen it confined to a single point.

Mr. A. M~LEAN approved of a purchase as being the best means calculated to settle the colony, and was of opinion that means could be found to carry it into effect, but the hon. mem- ber’s calculation was much lower than any other lion. member’s, even down to seven shillings and six pence per acre; the hon- member was un~paring in his condemnation of the resolutions, and although he and seconded one, he would not vote for either one or the oilicr; something must ,be done, or peace and quiet- ness will not prevail ibroughout the Colony. . '

Mr. COOPER said, there was only one way of settling the lands of this colony, and dial was in accmdance with the constitution; no other means ivuuld be proper or'just, nor would any thing shof‘t of this satisfy those who have every right to such a. settle- ment. It is very well in lion. members to ridicule the esclical question, but he (Mr. Cooper,) had yet to learn why an Esclieat Court was not as lawful as any other; many of ihe causes that at one period existed against escheat are not now in eXiSience; had the proprieiors settled one half of the land agreeably lo the express conditions of the original grants, the residue then re- maining would have amply repaid them for any such outlay caused thereby. My delegation to England, said the hon. mem- ber, is a great hobby ofthe hon. Speaker; he is for ever harping upon it; but had not those who were deputed from Nova Scotia