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A WEEKLY JOURNAL OF

EN Te Peer RaAwewers ou , Se ETRE Lt eT

HD VARD WHELAN] Chis is true Kiberty, when Free-born Men, having to advise the Public, mav speak free. ——evrimes.

Se aan soe mom

ee rea ic = -

Kramer.

JLITICS, LITERATURE AND NEWS. |

———

(EDITOR axp PUBLISHER

Vou. VII. CH \RLOTTETOWN, PRINCE EDWAR

Provincial Parliament.

SERRANO

LEGISLATIVE COUNCIL. —e ce Tuurspay, 21st April, 1859. the people. Loan Bill; but first of the Fishery Reserves Bill. Now, Hon. Mr. DINGWELL, with reference to the Certifeate Your Honors, we may not all have the same clear perception

TEACHERS’ PETILIONS.

c

Lec XY, Teacher, unlicensed, 12 which the late Government is Fishery Reserves : indeed few of Us can have a Critical censured for having allowed the said Teacher only £20 a Knowledge of them; but, perhaps, from the opportunity year for the last two years, although the French Acadian , Wich 1 have had to investigate them, and from the earnest- Teachers are allowed £40 each, “per annum, said—He 83S With which I have lately prosecuted the investigation of thought such censure was very much out of place, and alto-, “em, I may be able to place them in a clearer point of view gether uncalled for ; and he believed that oenerally speaking, | f some of your Honors, than they have hitherto appeared with respect to the petitions which were sent in to the Le- 12. In speaking of the manner in which the remonstrances gislature, by Teachers, o leachers, if facts; 224 representations of the Legislature of this Colony respect- wer fairly and fully enquired into. it would be found that | 2g the Fishery Reserves and the Land Tenure generally, have, blame——where there really was cause for blame—attached, | {fom time to time, been dealt with by the Home Goverament, not to the Government, or to the Legislature, but to the | may make strong remarks; but [ certainly shall not pre-

parties petitioning, or to others having direct interest in the |5¥e to censure the present Colonial Minister for the views |

petitions He thought that, if the Trustees of the schools Which he bas taken of these questions. It is only fair to and the parents of the scholars were to discharge their own | SP@2k of them as the best and most impartial he has had ‘blivations with respect to the schools, iz

+)

» seeing that the | °Pportunities to form; and considering the very short time > : , e ° . 1 ‘ es = e ‘. ; teac vers faithtully performed their duties, and that the proper | °° has been in the Colonial Office, it would, perhaps, be un- 1

laily attendance of scholars was kept up, it would very scl- reasonable to suppose that he might have been better informed ?

dom be necessary to lay before the Legislature any sach pe- | UPO? these questions tian he appears to be. We titions as those which had just been presented to the House. sides, good grounds for believing that, whilst considerin As he had remarked the other day, with respect toa petition | “ese questions, his mind has been open to the influence au from a teacher, whose full talf-year’s salary had not been | msrepreseutations concerning them of indi seeply in paid to him because the average daily attendanee of scholar: terested in opposing the views entertaized with respect to

Cu Se ‘S as shewn |

:

v1 have. be-

° ng

‘ y

- ] ne « ’

Lviduais

by his Register, was half a scholar short of the | te™ by the people and the friends of the people of this average required by law, he certainly did think that to|C%loay, and whose opinions generally concerning agrarian vithhold any part of a teacher's regular salary for such a) Westions in this Island are narrow and impolitic, and posi- reason, was to treat him with unnecessary rigor. adverse to the interests of the people. What Sir d- 4 manner, punishing him for his honesty ; for surely wh: ward Bulwer Lytton has done to counteract the intentions of the «daily attendance of pupils was so little short he Legislature of this Colony with respect to the Fishers iw required it to be, it would have been quite easy for him ee he has undoubtedly fig in haste ; and do not so far to have falsified his Register as to have made it} ¥iS2 to attribute improper motives when it is only pear that the average had been fully what it ought to have wr. that none could exist ; but as I have alrea en, if not more. It had been stated by His Honor Colo-| 4 “5 1 to 0S thea | Swabey that the Board of Education wore'strictly bound | °P2 Up the consideration of Sir Edward’s Des;

of what the

t t } L

~~

f patch, by ; ; ad e vbich he info Hie Exeellency. in. very atroug terma. tha by the law, and had no discretiovary power with respect to} 7408 O¢ informs fis Mxeelency, th very strong terms, that such cases. This be did not dispute: still. however, he ene : 7

‘ ‘ 7 . siieieiaiaa “eit A i alee . shat thoucht such cases were entitled to, and ought to receive | ‘@ the Fishery Reserves Bill, and to reiute his assertion that

oe a tL? . - . ‘ he elai af the local Gov ment +t the Reserves i bsolete : very favorable consideration But certainly where re the claim of the local Government to the Reserves is obsolete ;

"i. : . a ere , ' nee p ther member ! vine @ reidiness to ado ec blame attached to the teacher, the trustees, or the inhabitants | *7@) S!Bee no ee evinced _— oe oe af anv Of Geb Giclée) Wiketilets, it should rest aoek“ thee and have now taken the duty upon myself. His lfonor thea

: — . rrocee be he t ary a} iT } ion } sh ie as the punishment due to it also. proceeded to read the Despatch in quesiion, which is as

i am stile Rier inten eel eel : i . Gel SW AREY —-He wus surprised that the tw follows, Occastonaliy commenting upon it as he proceeded. as au. . 4 PRGA C Wi ul pais A tial . “hy . i “tl ~ = . ace Hous f Legislature had not yet—often and long as the | Wl be seen io the remainder of this report of hie snee: + 2 a 6 U sa ht yi ici) al VU a ul £

Ge

cy? .

ro

oO

1, melo » anna|rdera we hoeen ¢ ' . 1 -

3 2 1 peen under tien Cnsideration U ii &@ | ée DowniIna Steuer, Orth O wr ober 1858 frame such an Act for the regulation-of the District Schools, | ‘ as, by its operation, if fairly carried out, would obviate the!

ssity of those repeated applications to the Legislature, |

n

IR: ER ;

r

“] have received your Despatch, enclosing authenticate ¥ . : # at

c ; . 2 ‘ 7a ' of an *t nassed by the wWislati oi. ry)

by, or on behalf of teachers. Our School Acts, instead of} ““?"° — ne passed by the Logislatuze of Prinee Edwar « Lelay, : nile , st re atine le ‘ Mchowrw _— t ing 50 clear precise and stringent as fH leave no ro (Sana, intituled * an Act re ating to the Fishery Reserves Vig «6S ’ -" . ~ . Fam ? 5 4 ita i WU! . . ; _-

* lil } . , - ; “it, ‘ : - in tos [sland —_— for misapprehension of their Meaning, or tor infraction of} ~ ; - . . 5 —

[ ‘ ‘ ‘ c reali 5 Iratiy Lo cr tr > their provisions with impunity, had be so loosely and « After a careful consideration of the documents relating to svi i 2 ie sus baad, aby. bee ve ; 5 iVUS » cu - a

‘ . . . : “7 oa ; 'that Act, including the rersonstrances to whie as my vaguely framed, that, as the late O’Connell said, with respect | at Act, PR ir ergs: gar on Ng Mae gs ie

-™ } - - ba . 1 tas of G t Reit | } ; ;_-_| predecessor would seem ty have anticipated) it has given to the Statutes of Great Britain, he could drive a coach and six}! ' T 6 hari oe ha “oe ’ ee I rth > f t titi Ccasion 1G6G it Wholuy impossibie to recommend tbat it throuzh any of them. One frequ cause of ge petitions | ee aoe 7 = tc > byl Iyed ths - : ia te ments yy! h shoud rece ve io. Mad jC sty S Sancvicn. was ' . ‘ bay : ‘ WeiiiUal 6. ta i “a - . - ° C4. . ; : aCe Rpts! se RAY aa i i i ae ‘ Lhe facts of tae case | understand to be the following— : mumoder of children could not eas y ve 4UG . De ii _ . . . os ee }41-e- } Dy certam: Orders in Council of 1764 and 1767, the

“uc -eeded in procuring the erection oO: their

| Governor of Prince Edward Island was directed to

— ; grant to School Districts; and, as a natural con-}, : oe ee , . -y* . a ee 1@ flarda in rat ag ¢ rayinne a Paree ahiect thy : - their inability to keep up the average daily attend- ‘We (@hGS in that Colony to Various persons, Suojecs to a : s a & . = ~ ; resery: 43 ‘ at s] i ete t a A a? sat . i pres . err | “ ; pupils required by law necessitate } most if the reseTvVation of i ~TA¥ ©O Gis Hi s Maj 7 $s su peeves laa Stacia as = - ’ ? a neal aia ae as "ia ia Ce AP ee E tions omy laining that the full statute allowances 1,0 arrying on a iree ishery on the Uoas's, ana oF erecting igus ¢ ai nin that @ full statute aliowances ha : ‘Ts : : 5S : . ‘ y hnildine writhier .. Doel in sate ‘ ' . T nach main « area Seaves abu Otaner necessal: DUiGInNgS Witaln tae Cistance oO! pot been made to the teacuers. in such cases, t procur : J aa , ,

1500 feet from high-water

In parts of the Island the land was actually granted on these terms; but, in other parts, the grants, instead o! a right of entry for certaia purposes to His

' sao}

ai] ; Oe es ee ae < mark.’ either the reguiar sd@iaries, or e.se iegisiative granis IN il

of them, the only alternative with the teachers was fran or petitioning the legislature Besides, several of the -,etitions

I amt tnton the T.,eoielatnra * ne which were annuaily sent into the Liegisiature, oy persons

; 7)

. ae Pe ee acts, reserved the land itself ( 00 feet irom

prayiu.s remuneration for their services as <eachers, were}; ay A és pre By a SELF OR bag ree 8 ; ae < +}. .},| high-water mark) for the disposal of His Majesty ‘ to erect from iodividuals who, like Lecky, were ng¢ licensed by the|~ > t Jesty

ey ‘ ed . e+ ‘ . : " . ‘ stages and ott ) € os [or ‘ isg on tae speries. Board of Education. Such individuals ought not t stages and other buildings or carrying on th E reries i naadk Gnpanmieees ssiden dale Metend tieclemn enalhden one understand, however, taoat, for a iong series ol years—L may yased 4S teachers Wheh Guiy iicenseu teachers could De pro- : a ie . Bet be ; a : } 7 almost say for generations—no distinction was 1p fact made cured, and it was unwise on the part of the Legislature to \ } \ : PAN f.nt encourage them between these two classes of grants, the strip of oUU Teel c age em. ag = ® . . : .. DORON ewm .: . +, | being alike treated as belonging to the grantee of the ad- His Honor the PRESIDENT observed that, were all the) > ete ee Cael he tiles . . : ) } tank i i ue Hers oave icase t, tithpore “A Li, itte hic 2e ' hao vial are Gn haneltic6—6UCUCe ee “ 7 ; t 7 apron wtiek ane presented ar Legis eee “ee incorporated it into Farms—built upon it, and above all, arties irr@guiariy ciaiming allowances for their services a ‘ é' : ee oe a of ess quien’) _— =. a" , ‘ . that they have paid taxes On wt as on their own property, as tea: hers, to be compiled wita, it se med to him that an vd appropriation of £28,000, icstead of £14,000 a year would soon be required on account of the se!

which taxes the Government have received Under these circumstances it appears to have been the lopinion of the Law Officers of the Crown in England, and of the Supreme Court ia Prince Edward Island, that whe. Monpay, 23th April, 1859 the ‘disposal’ of th Hh Meeps u of Sir E B. Lyito ’ Coionia! Secret sty vy the deed . ee . ee an a wi ve Governor Sir D. Daly, dated 20th O UREA, FNS AG: BOTH announcing the digail ‘wance of the Fishery Rese: ves - s eeeiadinek Et oiediih teaseiinseees til Bill, which was passed by the Legislature of P. BE.) ~ *3° ee ne ene ee ee ee opinions, and, while saving the existing rights of the Crown,

sland, 1858. a. ; isiand, 1 provides that whenever such reserves have been leased by

on. Col SWABEY— Your Honors, on Thursday last, | the reputed owners to any Tenant, the Tenant shall he

ve notice that I would to-day call the attention of the House relieved from the liability to pay rent for them ‘he [Despatches laid om the Table respecting Her Majesty’s, ‘« Now, in the first place, the revival 0/ an obsolete claim of disallowance of certain Bills named in His Excellency’s Speech, | this kind, however tenabie in strict law, is open to objections and other Despatches therein alluded to. The first which I of great force. The old maxim that ‘ time does not run intend to notice is that announcing the disallowance of the against the Crown,’ has been found in England so invidious Fishery Reserves Bill, which was passed by the Legislature in irs application, so unjust in its consequences, so prejudicia! in their last Session. I am actuated by several motives in} to the free use of property and the consequent Jevclopment salling the attention of the House to this Despatch. The of wealth and industry, that it has heen long since legally chief one in my mind is, that it is high time that the asser- | annulled in the Mother Country, and for the most part prac- tion of the Colonial Secretary, Sir Edward Bulwer Lytton, tically abandoned in her Dependencies. Any right, therefore, that the claim of the Government of this Coiony, made by ' which requires the sapport ol that maxim shouid be exercised thet Bill to the Fishery Reserves in which the land itself with great consideration for persons who for long periods is reserved to the Crown, is the revival of an obsolete have been allowed, perhaps even encouraged, by the laches claim, should be contradict it certainly ought to’ of the Government to consider themselves the owners o "be, cither in this or in the other House of the Le- property. Aad this applies with peculiar furce where, as in vislature. Another motive is, that I wish it to be the present case, the Government bas actually enioroed on by the country that we do not conceive it to be our against those persons the liabilit ea ol Landowners, and where uy t) sit here as mere automata, to be set in motion by | there appears some reason to doubt whether the — which another body; but that we are fuily alive to the great res-' itis now prepared to snforee were not unintentional! j reserved ponsibilities which constitutionally attach to our position, to the Crown. I do not say what terms could be equitably and determined to act, concerning every measure or question} offered, in this or any other casc, to reputed owners —as these

SS es

>of thi Fishery Reserves was secured to

tary, to L ent sae

tater 1858 | land remained— and

ctover, 100% “1 Re «m the Crown vecupancy, still remains vested in the Crown.

i — as

a - : banncea: hat e6 : affecting the publie interests, as a legislative body possessed terms must vary indefinitely wi h circumstances; Dut, as a

of an independent voice, and detérmined fully to exercise it, on all proper oeesszions, calm!y and dispassionately for the not required for any public purpose, a right of pre-emption public god, on which our own is certainly as mach depesd- on reasonable terms, aad, if so required, compensation tur ent as that of the individuals composing the other House,— improvements effected on the property.

that, in fine,.we sit here for no other purpose than the pro- _ * Subject to qualifications of this kind, the assertion for the tection of publie rights and the promotica of ine public weli benefit of the public of the Crown’s title to a lands being. By our proceedings, | wish the country to be con- might, under certain circumstances, be defensible, or even "ineed «hat nothing dene by us in our legislative capacity . necessary. Not so the Act fo---~-" °, which does not resume

: ' . ° . . : ee fF land general rule, they should certainly include, in respect of tana

&

ean justify the opprobrious terms which have elsewhere the lands for the Queen, wh - © “ ‘ s+ “a 2 . € + T - . ; , . ; . | been applied to us i and, on the present occasion, I hope we abolition of rent, practically transfers them to the tenants, shall, by a full and direct refutation of Sir Edward Bulwer , i . . . , a i ‘ ‘ o . > . . | Lytton 8 assertion, that the claim of the Government of this derive from their landlords. Colony to the Wishery Reserves is the revival of an obsolete claim, shew the respect which we entertain for the rights of I also intend to speak of the rejection of the Legislature of Prince Edward Island,

f the School Trustees, appended to the Petition of Henre Of the rights of the people as involved in the question of the ‘7 $

uty oi some Member oF this House to

he cannot advise that Her Mujesty’s cousent should be given |

D ISLAND, MONDAY, MAY 9, 1859.

is their owner, but by the

who have no-right whatever to them, except that which they It is with deep regret that I regard in this Act a symptom of the sate contest between classes which has led to former Acts on the part of the which one of my predecessors 30 emphatically disapproved. And I could earnestly wish that, instead of propounding measures which {am convineed that no English Minister can sanction, the Legislature would devote its attention to some feasible scheme for settling these local questions which have caused so much disquietude in the Island. To the expediency of such a settlement I am fully alive. Most gladly would | co-operate In measures by which it may be practically ob-

tained in a spirit of conciliation and fairness to all parties, and the subject is engaging my anxious deliberation. But, | meantime, | cannot advise that her Mujesty’s consent should | be given to a Law which enforces, for the benefit of private | individuals, rights of the Crown whieh could not properly | be enforced with so much rigor even in the interest of the public. In the absence of such consent, the Act will of course remain inoperative.’’

When his Honor had read that sentence of the Despateh, in which the Colonial Secretary, with reference to the two classes of Neserves—the first being merely a reservation of liberty to all subjects of the Crownin general of carrying

on a free Fishery on the coasis., and the other being a re- |

servation of the iand itse!f for the disposal of the Crown — *, that for a long series of years nay aimost say for generations—no distinction was in

r a ~ So fact nrade between these two classes of grants, the strip of |

Ty , says, “i Understand, however

rs

, i «

500 feet being alike treated as belonging to the grantee of th: adjoining land*’, his Honor said, ‘ Generations’! The Ord in Council alluded to in the Despatch were made ia 1764 or

rs

VU

‘

(67, and reckoning from either of these periods, the lapse i time will not amount to one generation or age. [His jonor the Paestpent. In law 21 years are reckoned a geveration.] Well, then, giving Sir Edward the advantage

Ln | Doan dd pee - > of the legal interpretation of

; )

; the word generation, we wiil

ailowW thay be had &YTignt to say * gonerations,’ tae lapse oO: tm having hao bh. } . ratioane }?? !

(ime having been More than three generations. But that to which i here wish to call your Honors’ attertion, the

,

|) erroneous assertion made

@0r a lone sorties of year

: 5 J

a6 > n 6 | CiASSOS Of Reserves, ond 1 ; aa ‘

vy t Gov hime! And n : , e PUGQIONY—a rigat t pt i . c ; j Whereo! it if in tie i st, qv y j ta Urown——I58 &@n 00s ‘ ; 1

elapsed since the orivina i a a 7 , abandonment Qf rignt, or fF . te ‘ 7 ithe ownership of such KR : i ' 1 i ’ +; COrs, ta rips re toe j .

i ’ oe ; . } tlowed t d THAg ttt fora moment be sur CG ibaf, Uuibs

iOCwead 10 42DSe2Wiit t | lowed to japse ew i

ES -, No. 44.

arr =>

~- ie eer

} : a r spoken of, [ take to be the father of Mr. Robert Bruce §

: sewart one of the proprietors who

memorialized the Home G Ve against the allowance of the Fishery Reserves Bil) Your Honors will observe that | am not

imen

speaking of Reserves in . ats Pi. é } ' ; . generai, but of those only which, on the introduction of

sponsibie Government, were meade over as part of the Terr'-

Rr. ’ torial Revenue of the Crown to the Government of this Island. Sir Charles proceeds—

‘The first letter of this correspondence which appears o: record here, is one from Mr. Robert Ste vart, under

f , ae W date the

i? a 228. : ae >* 9 } r 22nd March, 1833, in which he agrees to accept a Jesse of the Cot ‘ia : rs fishery ebutting on his property, at a reasonable rate. ile

letter is transmitted in a despatel: from Viscount Goderich to

3) {yy y Ox ' ; Qo. ‘ su W.A. young, dated the 25°h March 1833, where:n he is iutnorised to grant to Mr. Stewart, orto any other propriet

Si@iiary circunistanced, Woo may apply to him. a lease on

equisavie con lition i such portions of the apace ol} fit hundred feet above high-water nyark reserved te the Crown 'may border on the property of the persons applying

g ;

“fn reply, Sir A. W. Young, under the date 2: and ina subsequent despatch of the same da

| vould especially call your Lordship’s attention

ip } the Crown in many cases has not the power of 8204 . i

i these Reserves, and very forcibly states bis vi vould be highly impolnic to grant leasea to th proprietors vere if even im ita 5 er to GO 8G, Except fora very t ericd ; and, refore, to pon himself to suspend y¥ fat

measures on the subject till fu ject till fu

. = se ;

views Sir A. W. Young here takes of the caze met the sppror

of Lord Stanley, then Secretary of State

, “ . ! . = ; ; dated the Gin November, 1533, thas expresses bins r

lave the houorto convey toy ly approbation of yuur decis | under the circumstances stated by you, to suspend the execu ition of the Earl of R | n’s ipstruciions ca the eu

“As the applications for licenses are like y tv be renew " and with more pla midiity at the Commencement ol i season in May, [1 would take the liberty of roquesting your Lordship’s mstractions at your earliest converience Gut | would al the same tune or¢ss upon your Lerdship’s sttet i

>

the inpolicy, under any circumstances, of relinquishiag

5 ¢

sITICICT?, @ j Oraiv

~

OD ices otk iat : , s

Aveserves Whica are ia the Crown to the

bel eve such a measure would nut on@ cy sehaieill

7 i

tend lo increase the present excitemei 31

pb i i r3 licinseé:yce, but aise

i weaken the sirong atiachmeut now felt }y the colonists io the 4 ‘ = » a Mother Country.

ar . } ‘ Weil, in all this I do not recognize any relinquishment of

the claim of the Crown to these Reeerves, or perceive apy sie fa disposition to yield them ap to tbe proprietors on any terms ; and, in fact, tue whoie allords the sirongest evidence of I Wl oy the Crown. Sir A.

&st;on as Wa just to thin ite in the Crown te . a 4 188 pow » Uo

lie saw 4 i or is r tliev

¥ 0 rease Liem again fiz the reservations would ich a proceediag would be

of j power oFigibahy r

1ese Koserves, and a puitiny OT lhe people te-terre any sdvanteves whatever ‘ORt arith will af oo 3 Neves ua 4 ’ fae We M the oro-

ee shall ; yrietors, and on suc! they might see fit t noe | Beto! fituteu rine te ‘ ayy ION gainat Mr COny rit ow 7 af f ls: p, ee ae ae oes = e . rs ee ree & oe ,, | Lord Stan'ey, who appears to have slways been a friend to . Se Ss C5, 'Or tae paryerr + oo ee ‘S —— Viy UE CITUM | seogle of this isia id, CXpress wpprovaiion Of and concur- jing him from, certain Reserves of this class—an action | rence in ihese views, clearly fair tines tuctteitmateiion al l which was instituted almost so ely {or the purpose of setting | preposition of roprietors with respect to the Reserves | the question generally conceining the right of property im | would be to deprive the people of the privileges which, by th ;such Reserves at rest by a | ga! decision—wiil it, i g Ly, be | reservation to the Crown, was intended to be secured to the l supposed for a moment that if the richt or title thereto of | P®°F le in perpetuity, the Crown | been allowed to lapse, that the Judge and Well, your Honors, what view of the question doe ‘ o Y} j 9 ' 2 Jury would bave concurred in the propriety of a verdict in Gie -s aes. B 7 ee ee is Teply LO Sur Pp - 7 a A. W. Young, under 10th May. 1833 AVOr Oi ue : t.. © Loc Fizat Oi pro- - |perty, in these Cy has never been re-| “‘ It appears he reservation mad ws adjace | the grantees or proprietors, and with a view to the protection tt ee pr pest adie 40 . e Soe Vena - cain SAA _ ‘ : 3 SULjccts eCliVely stitutes @ property over w f the t untry trom unjast exa ‘tions, it has een annually - power of the Crown is ¢ edingly questionab as Tirest asserted, and reiterated again and again ever since a Hiouse 5 appear to have been dedicated to the use of the public fe f Assembly first sat in ¢ Co! y Up to t! I nt tim [ his s 1; PU dication of i ems to be ould easily show by turning, in succession, to the Journals { : have been reserved of the Assembly. Of what force then, let me ask, is the } > red as for part of t rgument of Sir Edward Bulwer Lytton, based ou the as- | ' ©*":0F vey ie p tion that the Government has enforced, with respect to} °"'""*? ca pot ne oo ee . eeeuie . , : a } , ; ; nm these Reserves, against the proprietors, the liabilities of land-|¢ h ae wind Mente en Mel ry et - se owners? Of none most certainly And what he asserts aoe eer purer ‘ pith oe. SRP lated in perpetuity, o1 sv¥ ui Ss: Fi isu iUSu ‘ witily. <i VUGL LC wove ls for apy Comsidera e is gn yf time, Iu hat thy y shou!d be put ; 3 Some reason tod sul t wheth ap for au n, a . fair unset price, to be |e ej her for « ; iS} spared {9 eniorce were | fishe y Seas 7 a! most lor one or two seasons im advance the Crown,” is certainly an | or, if dea : t would impede the fisheries of a foundation. [| do n island, t lat they Show'd © rown t British iny unnecessary rée:erences ; \- , ging ‘ erties, W reguiated [ ; « : . 7 5 ; nae } ws a 7 Io I G essary tur rey nv ro i but I wish to show that the word * obsolete in the Despateh | go: and is on salen . iaiatien dines ti "s , : cite under consideration, although certainly used advisedly and) ,..), ad Bir A. W..¥ «in. donenen ahaete an according to its full legal acceptation, has yet been used in} posal of sid secure to the proor poll he i ol ac ntin us ch al of acts vl Mlily t us eC ci t ‘ ‘ ‘ ; i Se F ; iva Richt Hon. the Colonial 5 r ry wh WO s xeeoa r fat ‘ ; 3 Fy . iy ; EF wv | [ , long series of years, and indisputably prove that the claim, |! m having been allowed to lapse and become Here, your Honors, you will obser at Lord Glenelv sbsolete,” has never, at any time, been relaxed or ailuwed | besides insisting that the R ves of which i] has to slumber. In fact, until the contents of this despatch | reserved to the Crown, mast f nsidered as forming pat b e known to me, [ never heard thet the claim had ever | of to | loyed in the public s been s h a8 questioned, and it is time that the country | vice, forcibly deprecates any such disposal of these | should be assured that this House will never acquiesce in| as would secure either to the proprietors o: he teuants such spoliation as this Despateh seems intended to authoriae. the adjacent soil, the exclu possession of those { In 1889—not to take your Honors back to a time more dis-} which are necessary for engaging in the fi a tant, for the nearer the present the better—Sir Caarles| opinion is clearly to the effect that the pre tors, in leasing ‘ - ae : ‘ , > Fi‘zroy, who séems to have taken a great interest in the; those lands, assumed a right of property in and over t! question of the Fishery Reserves, entered into a corres-|to which individually they were not on any grounds en- yondence with Lord Glenelg, in which the whole subject ap-/ titled; and that therefore their having been included in pears to have come under review, from the passing of the | leases taken by tenan's could not give to sneh tenants indi- Order in Council authorising the r vations in ihe grants! vidual claims to them to the exclusion of the people gene- up to the time at which the correspoudence commenced. 1jraily, and to the diverting of their u ym the public ser will read portions of it to the end that I may establish two | vice to which they » rigzinally entod hr things by it—first, the power of the Crown and of the lito that clau ; ry & B lg ) Government over the [eserves where the reservation is to | lease tenants from pay t rent to proprict the Crown, and in the second place the jules in the! such portions of that class of the Resery 7 exercise of such power by the proprietors. [is Honor theo | now speaking which are inelnded in their*leases, Sir Edw: read as follows, from a Despatch of Sir Charles A. Fitz Bulwer Lytton appears to have taken a most strangely to the Right Hon. Lord Gienelg, dated 8th Jan., 1838: roneons view of it, in declaring that its operation would | ‘s The C Jonsal Governmen: has, in a few instances, in cases | tO Comier upon tae tenan's an exciusive riget to such paris where the reservation is to the Urown, ex: ed tnority r such eserves, h zn 6thney «€6C tf them by granting licenses « 2 mu the terms of the | whatever except what t tors by Grent to persons engeged in the Fisheries, as will sppear by their Jeases. That clause of the Bi t intended the return ep osed. Renee my arrival in the © i hay ave any such effect as teat; and ocither can an he served in too chee Wain the dpelicasdle cere Penbolders, so|srmmee bo thinly pat-upow it, Is wes certainly tatended to emery ie _ * : ce fle réi:ieve the tenants from t payment ré oh O int the extent of the front of their farms. [have also had nume- ee ° ; . rous applications mide to me very recently by tenants for eim:- SUCK Teserves, OF 2 ” ~ ; gl lar licenses’; but, conceiving that these licenses were to be I tors . . t jJand out oY Sams tO £ th used with a view of defeating the jandiord’s ciaim for rent, and | tenants individaal els 9 Suen tr von, Or to any portiol uot for the done fide purpose of carry:ng on a Fishery. | nave | of them, to the exc.usion of the | le generally, und to tf declined issuing any further icenses, uatil 1 receive your | diverting of their uze from the nublie service to which t! Lordship’s instructions on the subject. {1 ia proper that 1 4.4 originally ded’ cated For such reserves. or an) should call your Lerdship’s attention to a correspondence which _ etions of such reserves being in the use and eatunation of ook place between Mr. Robert Stewart, Lord Goderich. Lord aa Si a on alone ai reg Se ade. ee eet Stanley. and Sir Arctas W. Young, on the snbject of these either tenaats o — . —_ , re Reserves, dated 22nd March, 25th Mareh, 22nd May, 26h the Government should exact i 50 . May, &b November, 1833."" .The Mr. Rober: © -- ae

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