£3 “per ..

p ‘Iibdra'f‘chlistruction for the rights of t

with DateoA'rioN. ( Continuation of the Correspondence.)

In answer to such applications for the appointment of a Court of Escheat, (which‘ were based upon the non- ‘ payment of Quit Rent,) Lord Hobart, then at the head of the Colonial Office, sent out a despatch in the year 1802, containing a scale of five divisions, whereby proprietors were tohe excused their arrears of Quit Rent, in pro- portion tothe quantity of land they had settled, according,r to the conditions of the Grants. Proprietors whose lands were fully settled were to be released from their arrears of quit rent, except for four years; proprietors whose lands were more than half settled were to be excused their arrears for five years quit rent, and so forth; and his Lordship recommending his measures to be enforced, proceeds:

“ In order to give full effect to the measures which have been adopted here, it will be necessary that you shopld be prepared to pursue, without loss of time, when circum- stances shall render it advisable, the requisite and legal steps for effectually revesiing in His Majesty. all such lands as may be liable to be escheated and forfeited.

.“ It is highly expedient that a proper method be estab- lished, of collecting the future quit rents; I am, therefore, to signify to you his Majesty’s pleasure, that you are, in the strongest manner, to recommend to the Legislature of the Island under your government, to pass an Act for these purposes. , i I

“ With respect to the measures to be adopted for the recovery of such lands as may be liable to be escheeted Ind forfeited to the Crown, either by non-improvement, non-payment of quit rents, or non-performance of any otherconditions of the Grants, the practice which has prevailed in this repect in Nova Scotia, will be sufficient precedent for your guidance.” _

This despatch, and the proceedings which were ex- pected to be followed up by the Colonial Government, created great joy amongst the inhabitants, who believed their emancipation was at hand. Many of the grantees that had never been in the Island could not be supposed (onnderstand the manmuvres in t-he Colonial Legislature; and they disposed oftheir Grants for a trifling sum—some as low as Nine pounds for 20,000 acres—to persons in the Island, amongst whom General Fanning, their Lieutenant Governor, became a great proprietor; but the yearly rent demanded of the teiiantry for the same land, was from one to two shillings per acre. A Schedule was made out and sent home by the Government, to shew that Twenty- six Townships were fully settled, and Twenty other Townships were half or partially settled, when there had not been any Foreign Protestants introduced in the Island, and some of the Townships, reported to be fully settled, had not more than three or four inhabitants of any creed or country. An Act was passed at the same time con-

; cerning the quit rent; not for the recovery thereof, but to place the chattels of the tenant between the Proprietor and the Crown, as a stake for the quit rent.

The proprietors had demanded a rent which the tenan- try could not pay, and although the proprietors did not receive halfihe rent, they received all that the tenaniry could possibly spare, and the Act was passed for the Government to dislrain for the quit rent upon the tenan- try who were in arrears of rent with their landlord. This Act received the Royal assent, but has not been put in force.

The following year, 1803, an Act was passed to regu- late the proceedings of a Court ofEscheat in the forfeiture of lands; and it was publicly said, that after this Ad had received the Royal assent, it was suppressed on its arrival in the Colony, and not sufered to appear in the Statute Boo/r.

When the excitement proceeding from the disappointed hopes of the people had subsided, a Despatch from the Home Government was proclaimed by the Governor in lhe Island, in the year 1818, from which the following is selected :—

“ The further pleasure of His Royal Highness is, that proprietors of Township lands shall be released from the obligation imposed by their original Grants, of settling them with Foreign Protestants; provided, that within Ten years, from December, 1816, the lands shall have been settled with other persons, in the proportions specified in their original Grants.”

This Proclamation has been construed various ways, the proprietors claiming it as an indulgence equal to a new Grant, to enable them to make whatever.terms they glossed with the persons who have improved the lands.

ut, if the conditions of the grants had imposed an obli- gation upon the grantees to introduce one hundred slaves rom Africa, for each Township, to improve the land, which would have been a considerable expense to the grantees, it would have been very unfair to have substi- tuted British subjects instead of slaves; and it would a pear equally unfair to substitute British subjects for

oreign Protestants, who had no claim upon the British Government, and such persons could not have been introduced without an expense to the grantee; whereas British subjects had a claim on this Government, to be protected fromfraud as well as from force, and they all, or nearly so, emigrated at their own expense, and remained in the Colony from a confidence in the justice of their claims that Government would settle them upon the land: they‘ have improved.

he proprietors have said, Ministers and Governors

have repeated the sayings, in Despatches and Messages, that the conditions of the grants were impracticable to be performed. Therefore, the more difficulties and espensa sttending the performance of the conditions, that would reduce the value of the grants in the same proportion; and toasy that the conditions of the grants were imprac- ticable to be perlormed, is saying, in effect, that the Grants were not worth any thing; and, to enhance the value of such grants by proclamation, to make them worth £20,000agrant, and that sum to he demanded from the people who improved the land, appears very unreasonable, and more especially as the proclamation was made subsequent to the declaratory Act of 1778 which declares that Government will not tax Colonies,» hlvmg a Colonial Legislature, except for the regulation of Trade and Navigation. And the rent, from one shil- lingto tvvo shillings per acre, as demanded by the pro- for wilderness land, cannot be viewed in any other light than a tax of from 6 to 12 per cent. upon the I: i:enlamts’l labour. Yet this has been, the con. , notion t e roe amation and the ractice follow r ’inrthelsland ’ P ed erflgLsrainsnu V ‘

glut, s‘a‘lhe acts of Government are to be iven their _ _ subject, ,. . precept and example in the Island, to in tion a more liberal construction, upon "w i612

, up to this present time, under the sanction '

v

' ofAssembly, which Bill, toget

House. ' -» ’ ~ farm’s an i 1' Assembly have founded their c_ .t “. fixfeiture oiPthelands, and the semement of the inhahi an

- ' ,‘namely. 15 In the year 1818, two of the Towngslgie“; gnd the

revested in the Crown by‘ V "’6 frillagistiiii'tzrzf those Townships received a grant ffggtltler Crown, in fee-simple, of one hundred acres to a ,

h rant. ,/ And! at an expense of aboI!‘ 5" Pong: fgzgahungdred persons

clamation'sti ulates t I _ . 11:2:th settled upoii 'each Township of 23,220 33:“: the House of Assembly areof opinion. ill?“ f, 0 1016 acres were to be settlers in fee simple; which allowing 0 rieiors to a settler, would leave 10,000 acres to. th: P' (P flew; the value of which would be enhanced todt eAplqlpns ‘he by the settlers improving their own Ian .f h t ,number Government stipulated for the settlement 9 t a meted a of persons before the year 1827, this is con? ' were pledge from the Government to the people thatbt relyl m- to besettled within the time limited, either y the [gm prietors or by the Crown. On these principles,t e

' . , d to b the House delivered at the Colonial Office \Vh'ljrag‘L'fli‘l: anofher for ,he

Fisheries, would be the

regulation of the Reserves for the ling the inhabitants of

means, if carriedI iiiiodefi'ect, of son 'nc Edward slan . . . I,“Wliaen the subscriber had the honour of anI iiiilervfi‘;V with the Marquis of Normanby, on the 14th Ju y,Eie slam], that-an answer would be given in time to leave £5! the early in September. Your Lordship is antir‘e, atheir eople in the Island will be anxious to heard rom_ the Belegate; aml it is difficult to reach the Isl-an late in m 593506. But if-Goveriiment do 'llot see cause to_gra. terms that will ‘settle the Mhabitants, the subscriber is instructed to apply to Parliament; apd, in that case]: would be desirable that the people in the Island shou have notice iii time to forward afi’idavrts in support of any statements that may be made; not that better terms are expected through Parliament than what the Government may previously grant, but to set the question at rest. I have the honor to be, my Lord, ' Your Lordship’s most obedient humble servant,

WM. COOPER.

To the Right Hon. ' Lord John Russell, 6w. doc. doc. Downing Street. W

SAViLLn PLACE, Minn END, October 2nd, 1839.

GENTLEMEN ; _ 0n the 20th ult. I sent you copies of my communica- tions to the Secretary of State for the Colonies, up to that date, and I now send you copies of the correspondence which has‘taken place since, between the Colonial Office and your delegate, from which you will see, that the answer to the applications of the House of Assembly is forwarded to the Governor, in the Island, and withheld from me; and, as I can do iio more here, I jiitend to return to the Island by the first opportunity. 1 have applied to Counsel for advice, on behalfof the Tenantry, which advice I hope

to bring with me.

(Corr)

SAerLr: PLACE, MILE END, _ September 2Ist, 1839. Mir Loan ;

As delegate from the House of Assembly of P. E. Is- land, I had the honor to deliver at the Colonial Office, on the 15th of July last, certain petitions and documents, praying for thciiiterference of Government to settle the Iii- habitants of that Colony ; and as your Lordship’s appoint- ment to the office of Secretary of State for the Colonial Department became announced, I took the first opportuni- ty to deliver at the Colonial Oflice, on the 9th inst., a copy of my first communication to the Marquis of Normanby, and a brief outline or abstract of the causes which have produced so much dissatisfaction in'the Island, and point- ing out two Bills, containing the opinions of the House of Assembly, for redress of those grievances by the settlement of the inhabitants—all of which were respectfully submit- ted for your Lordship’s favourable consideration ; and, as the advancement of the season will soon impede navigation in the Gulph of St. Lawrence, I beg leave respectfullv to solicit information, of any or what course the Government intends to pursue, to promote the settlement of the people of P. E. Island. and to offer my attendance at the Colonial

Office, to give any further information that may be required.-

I have the honor to be, my Lord, Your Lordship’s most obedient humble servant,

w . To the Right Hon, M COOPER,

Lord John Russell, doc. doc. &c. '

DOWNING STREET, 20th September, 1839.

1'?” db L an R

. am irecte y or o n ussell to infer his Lordship has had under his consideration Tlihodbtttz: adgrgefised by you to this department on the 15th July last an i ins ., on matters ' ' Prince Edward wand. connected with the Colony of

His Lordship desires me to ac uaint ou ’ that he is of opinion, the subjiicts toy whiizlh rigid; letters refer could not be properly discussed between his Lordship and a delegate from the House of Assembly of Prince Edward Island, either in writt or oral communications, and that the views 'of Hen Majesty’s Government respecting them will be com‘mu e" cated to the Lieutenant Governor, through the re III". channengifloficial correspondence with that officer g M

is rts i must,the ' i i '

View WM! you pt ‘his 0m(galore, decline the proposed inter-

I am further to observe, that t the proposed appeal to Parliame your constituents must, of cour cretion.

he‘propriety ofaddressiri nt 15 a question on which as, exercise their own dis.

I have,‘ are.

. . (Signed) William Cooper, Esq.

(copy-i ‘

JAMES STEPHEN.

‘

15, Saville Place, Mile End, My Lord; 23d September, 1830. q

AfterI had sent my letter ofth ' ’ ’ I received one from Mr. Stephenfoillhelngdldo' t1h?) i St, :zfsly_llllml tltip subject to which ' oi‘rri'e'i'I 71 iii“, 'er cou i not e properl dis - e e . ship and a delegate from the H2322“ between t (Ill; , O ' '

\ _ L . of Ass. Island, either in written or oral'corrmmnniczn'n n and that. our r pecting them

the views of Her Majesty’sxGovernm

1

Hr I ' I i a I will be communicated-to the Lieutenant 69m the regular channel of ofi‘icisl consepoudm aficer; and that the proprietyofed "Styx m M“ y. ., appeal toParlianien; is a quegggrrieqp): to y not“?

xerciset err 0WD 1 a . ‘ .. . I with mifiird; I beg leave to solicit only such information. in answer to my former applications, as it would!» pro}, to grant, to enable me to see whether the views o» I(ii‘refveriiment will be likely to set the question at rest III Prince Edward Island, or whether it may be necessary to a cal to the Imperial Parliament; and I respectfully sub- mpitt) the following as my reasons. for this earnest appli-r

cation 1-— . ' The question at iss ofthe grants of‘ land

as is a case between the proprietor! who have not peLforrlped the con;

' ' eir rants, and persons w. o ave improve ' ffigorgolggyih andg believe they. are entitled to have the value oftheir labour secured t'o‘t‘he_m.- a

That the evils have been growing for many years, an are still growing, without a Cqurt of Escheator any other tribunal in the Colony, that Will take cognizance of th. caThat the Colonial Government, for mpny years;.s_verc interested parties, as proprietors, and, at this present time‘, a majority of both Councils are proprietorsof grants,“ persons employed as Land Agents, and. being interested parties, are unsuitable to advise the Governor in such- case, ifjudgment is left to their decision. _ 1

It is highly necessary, that questions of such importance (for which a remedy may be found at Law) should be submitted to the decision of disinterested parties, and every facility afforded for a speedy decision, or an appeal to a superior tribunal. _ _

That in casss of injustice in the Colonies, where the aggrieved parties perceive it possrble for a Colonial verrimciit, or a Minister, to be influenced by an interested party, to give them an undue advantage, so as to enable tliemto oppress and harass others, it has been the usual practice to submit such cases~to the Imperial Parliament.

But, if the Government is disposed to recommend an adjustment of the matters in dispute, to settle the inhabi- tants, it would be highly proper for all parties to unite to carry out such views of government; but unless I had some information, I would be precluded from render- ing any assistance in such adjustment, and prevented from bringing the matter before the Imperial Parliament.

I have the honor to be, my Lord, Your Lordship’s most obedient, humble servant, WM. COOPER- The Right'Hon. Lord John Russell.

(COPY-l

Sir;

Iam directed by Lord John Russell to acknowledge the receipt of your letter of the 2lst iiist., relative to the affairs ofthe Colony ol Prince Edward Island.

I am, in reply, to acquaintyou, that his Lordship regrets his inability to return to your application any other. answer than that which was contained in the letter addressed to you, by his Lordship’s desire, on the 21st inst.

Downing Street, 27th«September, 1839.

I am, Sir, Your most obedient servant, B. VERNON SMITH.’ William Cooper, Esquire.

I shall not make any comment, nor attempt to guess at‘~ the import of the communications sent to the Lieutenant

Governor; but they cannot be worse than what we have ’7’:

had heretofore; but I have done every thing in my power

that I thought right, and have only to add, that I am, Gentlemen, Your most obedient humble servant, _

Win. COOPER?" John Arbuckle, ] J

William Clark, I ' , John Le Lacheur, Esquires. Alexander Rae, l ' 7 Donald Macdonald, .J .

LIFE; AND FIRE INSURANCE. . ' POLICIES Will be issued by the Subscriber, in of the above departments, on the most reasonable terms. ‘ A

a;

0 Ha

\

CHARLES YOUNG Ill-rent ofthe “E1‘NA"and“ \ " a ‘ Charlonemwn’nnc- 11’ 1838. r LLIANCE Insurance Costs

‘».

, n

PRINCE EDWARD ISLAND. TO BE SOLD, by private Contract, an extenstve' ‘ ‘

valuable . . w

FREEHOLD ESTATE, '3 consisting ofneafly . >...-r “ s. 18,000 Acres of Land, a?

situate in the preferable part of Kisc's C b i to (3350116 crown, late the property ol'HnNRvotlhl‘iji-vh’nnes:lglcsl - lsmrdtieqkrupt, and nova gelonging to his Assignees. Vess’eb I 1 ma 0 u ' i ' ' ' ' onll‘lllle souyhgm Exqpemgy’v-n Cardigan River, by whicliitts i i y ' eEstate is delineated on the Plan of th II t i 7". Plantation Office, Whitehall, and the Surveyoi' Gems-hf": J I the said Island, as Lot or Township (54).

For printed Plans of the Estate, and further particulars,

the Offices of Mr Bri " ‘ ' '

i. . i - ~ggs, 05 Lincoln sInn 1“ Id i H 0111:1111 ASSIgnee, King's Arms Yard, LOHGOII: iii; i I a 121;; liinallilfux, trivia Spoiin; and James H. fibre", Esq , c - A “

r e Silt 5 ant —to either ofwh t, ' i' a Pu'd'flei may be madfi 0|! or before the :sTofglzptialhizhth? if!

CAUTION. i - “a _ To the Editor of the Colonial Hen“. '.- no I

. ~ ‘ ’ IR ;—Having seen in the Colonial Herald cl ' '

inst. the Advertisement of the Assignees of ‘

inchester Esq. ofi'erin ' _7 s a kit S l 1 p; Township No. 54, allow me,1l::ug?,’m :mgfil’ofi] - . 0. nor ad I, v" “'9' '- sons of Trespass arid Ejectmenlew::efmgbt against me,” is” u: what wax done in those actiop p ave not been . “

‘i: i

s

tain,‘sumce it to B . man i . . . a that “ Y 3°." roaecul 1‘

not able to et one wiinegb‘fi"sl[t forward_tbf. i. g l r

grievance, and ough ' 0 ed into. i '4

Eli Ills proyi

. , (ii-ofthe reversion o r 0“er and vendor shall e mm“

‘ )9 vii Plug and the gosecutor. P .

Inuth

Township 54, July 27th, 1839. ROBERT M. V, .

Crtsntonnrofi: Printed md Puhfished

by Jan. B. Coon? , . _ “by, a -‘ q it 1‘ duowmm_7 “1 .. 1?: 3

Printers to' corner of P

'

\