Hpme-manufacture of spirits, it was differeiit with Tobacco; to make it, a large number of hands had to be fed and clothed, which the manufacture of spirits did not require.

r. Cou-:s said, a number of hands were required in brewing, besides ex etisive inaclii- nary, and large quantities of fue . lie did not think. the Americans would hesitate putting a duty onour grain, when made into spirits. We must either take oll'some of the ditty on inaiiu- factured tobacco imported, or put it on the Home-manufactured.

Mr. COOPER. The present object of the [loose was 0 raise money, a would vote for Johining the duty of 4d and putting 2d on

rue-manufacture .

Mr. Mutiiusm moved that 3d be iuiposed on in orted Tobacco.

1-. Costs thought, that there was a loss on ‘Ilse stems.

Mr. Louowoiirn. The loss on stems is about one-third to one-fourth.

Mr. LES moved that Iiome-manufactured pay‘ l;d, which was carried.

r. Dousit presented a petition from inhabi- tants of Belfast, Murray llarbor Road, .\"c., praying for it. Court of Esclieat, and stating their dissatisfaction with the Act for purchas- mg Lands. Referred to Committee on the l.and Question.

A Bill from the I.e;:,islative Council, intititled an Act in addition to an Act relating to the nice ofSurrogate, and the granting of letters ofndmininistration, was read it first time.

'I'it I7 IISDA v , lllarcli 29.

After the order of the day had llF't3lI gone into, Mr. Cooper moved, that the Speaker leave the Chill’. and Mr. .\I‘Dona|d be Cliairinan of Com- mittee of the whole House. .\lr. (‘tiles moved in amendment, that Mr. Haviland take the Chair.

Mr. IIAVILAND objected as unfair to place him, one of the tnitiority in the Chair, on a question o this importance.

Mr. Coi.i-:5 tliou,r_-lit Mr. llavilaiiil from his long experience and parliamentary knoo-led,_-e, best lulled to take the Chair on the occasion, Mr. M‘Donald was a young tiienibcr.

Mr. IIAVILAND was IIlU('II obliged for the coin- plimgni, but stated his unwillingness to take the Chair, as he wished to speak to the question.

Mr. Coi.i:s urged the question, which being put was carried in the allirtiiattve.

One of the petitions being read, praying for a Court of l'}~'t-heat.

Mr. (.'00I‘l2l( rose and said, anything from him -would be of little use, unless he stiewetl aiitliori- lies, he would therefore first sliewotlie condition of Forfeiture.

“ And the said Grtiiiices futthcr bind and oblige ‘llsoni.-elves, their heirs anti assigns, to settle the said Lot or Township lI"rt.‘ltV granted. within 'I‘eii Years from the date hereof, wiin Protest.-int settlers, in the groporttoo of one onion in every 'I'vvo llundred acrcs—ssid I’rotest:int twitter.» to bi‘. inmidnct-d front Inch parts of Europe its me iioi witliiti His Majesty's hliinitsns, or to be suclirpersons as have resided with- in His hIujesty’s douiiniutis of America, two yours antecedent to the date hereof. «Ind if the said Grantees shall not same one third of the said Let, er Township in proportion aforesaid, within four yccrsdrem the date hereof, then the whole of the did or Township shall become forfeited to His Unjesty, his heirs and successors, and this grant dull be void and of none effect." -

Sir Alexander quoted a deepstcli of Lord GIenelg’s to show that as far back as the year I787, the Inhabitants have sought the enforcement of the forfeiture, the settlement of the 'I'cnsniry in fee simple.

" This inipre scion would seem to 'I'IIVt5 ori

COIN confirmation frotn the course pursued with Ifiurd to the forfeited Lots Nos, 15 & 55,“

About the year I800 and up to 1302 the Minis- ters conceded that point, which we lmvg in Governor Fsoning's Speech.

“ I have the satisfaction to inform you, from the .fibest authority, that the public affairs ofthislslnnd five already atti acted the attention, and been brought’

or the consideration of Ilis Majesty's Ministers,

E a manner highly ‘favourable to the late humble-

and dutiful representations, made on behalf of the fliubitsnts, respecting the man y isrge, unsettled , and Qclltiviited tracts of land, in this valuable Island."

A Bill was passed for the purpose of revisting the forfeited Lands in the Crown, 2d April, I803, About this time the Governor and others sought Quay Townships for stiisll sums, and they .15.. mged the Act which had the Royal assent. [lbs proceedings of tits Hones of Jsusiug I80I.]

“ Iesolvcd, That the proceedings of the Legislg-

usual’ this Island, in passing the sure Acts, nunnly, hr enforcing the due and regular ayment of Quit lusts-sud for roinvcsting llin just, yhh .i,,, Ilotdod Lands of this Ii-lsnd—were in direct cost- fduity with His Majesty 's Royal Pleasure, signified Ills Secretary -ofstute, to the late l.iaut¢n,rm , Gsuersl Fanning."

“ Resolved, That it appears to this Committee, Cd that they have the str )!l‘0Il reason to believe, diet the Ibysl [talent to the said Act for reinventing His Ilsjesty with such Lands as are or may belisble Ioforfcitnre within this island, has been graciously nfordcd by His Majesty."

This agitation continued until the year I806.

On Tuesday, ‘to! December, l8oC.——"Ordored,on

giniitt-il- 3 for back as tl_ie year I787, and it mriy have derived”

HASZARD’S GAZETTE. MARCH 31-

crl to draw up the lieads of a new Bill, for the effec- iually rt-vesting in His Majesty such Lziiitls in this Island as are liable to I‘lsclient."

The proceediiigs appear to have liccii qtiaslietl .-is the Comiiiittee made no report. III the ya-.:ir 1816 it t|[l[le8I'.'a,lIII|l the Governor itiritle proclama- tion for the regular priyiiiciit of Quit rent.

“ \Vlici'e:is by my I't'ocl:iriialion, l§s‘lIt‘(l on litt- l"irst d:iy ofUctol.er, ISHS, it was notified tli:it it was intended on the part ofllte Crown, to fix it Scale for future pviyttient oftluit llt-til, ivoult! COIlIltIt'llCt' on the 25th June in that year, and that the li'sl li ill"- yearly payiiicitt would be dcniatidcd on the '.l5tli day of Di.-cetnbcr following."

“The further pleasure ofllis Roy.-il lligliness is, that the l'roprietors of'I'oiviisliip Lands i:li:ill be re- lcased from the obligation imposed by their original Grants of settling iliciti with Forcigti l’rotcstziiits. provided lltat wiiliiii Teiiyear.-i from llecmiilicr ISM)‘, tlie Latiils Sllltll have been settled with other persons in the proportions specified in their original Gratit.-i.'.

About the same time Townships (I5) and (55) were revealed III the Crown by Esclieals.

In the year I825, llr. Mc.-iiilay moved for leave to bring in a petition frotn |l}l\\'ilI\'l$ of eight lititidrcd iitlialiitaiits of this Island, praying that this House would address his Majesty, littmlily to request, that his Majesty would be gzraciously pleat-ed not to grant any furtltiir indulgence to the Proprietors of Tim Iislllps to settle the same. than as already iiiiiniaieii by proclaiiialion iii the year lSl(i. Leave being granted, the said petition was read and ordered to lie on the Talilc.

Dr. l\I'.-\nlay, (Thairniaii of the cotiiiniitec re-

ported, that this coniniittee considers the inter- furs-'t‘.C(: of the llouie with the intasiires t-fhis hlajo-sty respecting the enforcing or reiuitting the coiitliiiutis ol'the’l'owtisliip grants in this Island, as at present prctnaiure. 'l‘lte report of the Committee shows that the House Ct)Il.\l(I{’ft§lI any proceedings oti the and question prt-mature. The land question was again revived in the year I832, and in Ilie ycar I833, the census was taken showing the No. of settlers iti fee, and the No. of Tenants and Sqtititters upotieacli Township. Township I7 bad 99, No. ‘:8 had 94, settlers in fee sitnple.

The Attornev and Solicitor general were ex-l amined, tout-.lii-ig the power of the Lieutenant‘) Go\t'rtl(t‘l', to appoint in Court of Escheais and forfeitures.

Q. [sit your opinion that the Represcnta-l

Court 0fI‘ISGl|U:ltS in this Colon l

A. I am of opinion that it is competent for the Representative ofllis Majesty in this Colo- ny, to appoint a (Toininissioner or Commission- ers ef I-lscheate within the same.

Q. \Vere suoli Courts appointed, would it be necessary to regulate their proceedings by at law of the is and.

A. If'sucli (‘ourts were established, [am of opinion that it would be proper and necessary to regulate their practice and proceedings by litw,tiud particularly to define the period of notice to be iven, and how given, before prtr oeeding to to an linquest of Oflice for the purpose of reresting in Ilis Majesty any Lands -within this Island; and such law should also limit and fix 0. period for nrties tocomc in and -traverse any Inquest so to en.

. Is it your opinion that the Representative. of His Majesty is competent to appoint Courts of Escheat in this Island?

A. Unqucetionably.

Q. Were ouch Court; appointed, would it be necessary to regulate their proceedings bya Law of the Island?

A. It would not be absolutely necessary, it being the prerogative of the Crown to appoint till Courts of Justice, and to regulate their proceedings, provided they are conformable to the noun we of the Island; but it would be highly advisable, inasmuch as a regular cottrse as well of re-investing the Crown with the Lands liable to Escheat, as to point out the mode in which those who think themselves aggrieved may traverse the Inquisition.

In I838: the Lieul. Governor submitted to the House of Asseinltly, a correspondence between the Colonial allies, and Sir Charles Sexton con- veying the follt-wing itiforination.

In regard to the second Query which you have submitted. I have to inform you, that Ilis Majesty's Government connot undertake to make s fresh Grant to Proprietors redeeming their Quit Roots.

The last point upon which you desire information is the mode in which parties desirous of effecting s commutation of their Quit Rents should proceed, in order to edict tlietcbject. Upon this subject. I have to refer you to the authorities within the Colony, the details of the plan will be arranged. and so whom the commutation money should be paid.

This dispsicliof Esrl Grey, 19th Feb, I85l, will leave more than one interpretation.

Contrast the Despsteli of Earl Grey with the report of the Earl of Durham, who was sent to British North America to report the Ovils which existed in the goves-iiuients of the several Colonies.

One of the most rotnsrlttible instances of ovils re- sulting from profuse greats of land is to be found in Prince Edwsrd's_Is|snd. Notirly the whole of the island (about I, 400, 000 acres) was sliensted in one day, in very large grants, chi. fly to sbsentres, and upon conditions which have been wholly disre- garded. The extreme. iniprovidencs which dicuitrtl them grunts is obvious; the neglect of the Govern-

9' ‘<

,.a8icn oi'|lr. llollsnil. that s Cotnniittss besppoiiti--

most as to enforcing the conditions of the greats, in

tive of His t\Iaj..-sty is _competent to appoint iii "

,.-‘.11.; of the constaiiit efforts of the people and tho li-gist.-iture to force upon it-t attention 'tl‘ie evils updplr \Vl|ll‘l| Ilicy latiouietl, H not less so. llic great HI \

oftlic i.-latid is still ptisscsscd bv aliseiitces, who liolil itasa sort of rt-ver.-iioti-.it'y iitieri.-st, ivliicli requires no pri.-.-uni attention, lint tna_v l)I‘C(\lIll3 valuablclsoiite il.tv or otlier tlirougli the groii iii; wants ol the tiiaLi- tatits llut iii the trio.-aii IIIlIl', the iiilttibilauls are siilijrwtetl to ilit-, grt-.itc.~t incoiivenience, tiny, to the iiioslseriiius iiijiiry, lroiit tlic sltile of_propert_v ll! find. The aliwiii proprietors tieilltcr improve the |;m.l_ nor will let ollit-is ittiprovo _Il- Tl'”.V '“l‘“" the liilltl, tiiid ltcep it in a slate of wilderiiesli

To iintlcrstaiitl the rights of property in wild Iiilltlsl in a New Country, I shall quote from the lIl_-_'ll:‘s'| Law authorities.

“ And the art efagi iculture, by it regitlurconiicyiiin and coiiscqtictice, introduced :tiitlt'sl:Ibl|r4lIL'\l llle 1110“ ofti iiiorn p6‘I'llllIII|l.‘lll. property in the soil, than had hitherto been rcctrivcd and adopted. It was clear that the eaitli would not produce lier friut-1 in stilli- eieiit tpiaritiIic~i, witliout the tissistaiiccol ljllaga: but who iioulil be til the pains of iilliiig ll. If “'‘‘”i}‘’'' might watch an opportuirtty to seize upon and enjoy th-'3 prndu,-i, ofliis iiitlustry, .'irt,_tiutl labour‘?

The only question rt-tiiaiuiiig hi, how this property I)l'(‘.IIl|(I at-tttally \L’SlI’\I : or \‘\ll:lI it is that gave ti man an t-xi-lusive right to retain in n pcrlllfllllelil iii.inticr that specific land, ivliicli before belonged generally to every body, but particularly to iiobotly. :\ud, .-i< no livfnre observed, that occupancy g.lI\"A.' the right to the ti-inporary use of the soil, so it is agreed upon all li.-iirds, that occupancy gttvc nlilo lhc i.rigiti.il tight to the periiizinciit property in the sub- xttttcu of the earth its-elf; ivhieli excludes every one else but the owner from the use 0 ' "here is indcetl sortie ditI‘.~rence among the writers on natural law, eonceriiiiig the reason why occupancy should convey the right, and invest one.wi.tli_tliis absolute property; Grolius tind Puffendorf insisting that this right of occupiincy is founded on it tacit an itnplie assent of tiiaiikitid the first occiipant should become the owner; and Ilaibeytac, 'I‘itius, Mr. Locke, and others, holding. that there is no such itiiplicd assent, neither is it necessary that there should be; for that the very act of ottcupancy, alone, being is degree of bodily labour, is, frorii ti principle of natural justice, without any consent or corn act, sutlicieiit of Itself to gain a title.”—BIrtcIrsltnie's Cotrtwe/iturict.

Mr. Locke says, “ that the labour ofn tii.'iti's body

and the work ol his hutids, ivc tiiiiy say are properly liisi. \Vliiit.~ioever then he reriiovcs out of the state that nature litilh provided IIIIII left it in, he hath tiiixcil his ltibour viitli, and joined to it soinctliitig that is his own, and thereby tnaltes it his property." (On Gov. c ). “This universal principle we fttid well described in the Laws of i\leiiu, Son of raliiiiti, “ Sages who know former titties, pronounce cultivated lntid to be the property ofliitii who cut away the wood. or who cleared and tillul it; and the tiiitc-lope, of the first hunter, who tiiorttilly wounded it." Sir Wm. Jones, 3-II.

In taking it review of the Extracts vrliicli I have read, 1 may remark, that wherever the royal assent is given to any acts or document, it is given in council, and will be found u on the must close enquir , to be 'ust and equita vle. But whenever we fin , that llfinistcrs or Gover- nors have mttde use of the nante ofthe Sovereign to serve one party, and injure others, all such acts are contrary to the royal intentions, and in opposition to good government.

iy the conditions of the Grants, the Grantees were to settle their Grants within four years,

efl'et-t.

Aliens could not be Frecliolders, and to place British subjects in the position of aliens, was to deprive British subjects of their birth-right; but this was not intended by the grants, where- in it is made plain, that if the Grants were not settled with foreigners, within four years, the grants were void, and the lands were to revert to the Crown ; this is the express act and order froiu the Sovereign, and if it had been obeyed, or aete upon, British subjects would have ob- tained lantl directly from the Crown.

'I‘lie first petition of the people, for an E3- chcat of the forfeited lands, commenced in the year 1787, and it c are to have been followed up. until their app ications received the favor- a lo consideration of this Iloine Government, in the year 1802, when instructions were given to the Governor here, that the forfeited Lands should be revested in the Crown.

In the year I838, Lord Glenelg signified, that the government could not make it new rent, and consequently could not alter the con ttions of the first grants by an indulgence. In the

our 1839, the Earl of urhtini the Governor General of this Island, gave in hip report to the Queen, to show, that to resume the forfeited grants was not only legally justifiable: but the only way to relieve the people from the evils, the grmsnts have indicted. And according to the

use so Bill. which received the royal assent stely ; it is enacted, that the government shall not purchas_e any lands, until the title has un- dergone au investigation, and it was the opinion of the rowii Law Omcers in the your I832,

wi no

that the Governor had full power, to constitute‘

a court of Esclicats and forfeitures, to inves- ti to the titles of land liable to forfeiture. '1‘ is is the first side of the case which is per- foctly in accordance with royal intentions, and iioiv for the other side of the case which is con- trary to t.'ie Royal intentions. When the pro- ple were applying to the Ilome Government, for an I:}r':lie:'.t of the forfeited hands, between the yuan 1787 an 1802, they in their inno- cence believed, they had the Governor and the

th I-‘oreigners, or the Grants were void and of ‘

(‘elonial authorities on their side; bttt they were greatly deceived, for when an Esclteat was ttpparctitly on the point of being granted, it re- duced tlio value of the Gratitccs’ claims to a mere trifle, and while the Coloniul authorities and lcadiiig tiicu in the Island, appeared to go with the people for an l~Ist-lieat, they were no- gociatiiig with I~'ll('ll of the Grantees (as were not in the secret) for their 'l‘ownsliips, and when they, the t-oloiiialauthorities, had at zvllllit i- cut iitiiiibcr of Towiisliips in their oivii l't:tnt’.s, the llills whicli the legislattire bad passt-tl in the your 1803, with the lleyal tisseiit, which was to reinvest the Crown with the forfeited Laiitls, were destroyed after they were returned to the island, it was said, by the Governor liim- selt‘, (i(‘IlCl':ll l~‘aiitiing. and by such means Bri- tish siilijci-ts were deprivetl of their birth right, by eoiispirators. \\'orking men wanted land, atid tliey had no other way to obtain land, but as aliens. to ll(‘<'0Illt! tcnitiits. bttt as tlte people were dissatisfied with the (.'olotii-.tl authorities, and new proprietors, it bceauie necessar for them to retrieve the blame froiii tlieiiisclvcs upon Ministers, and ttccoi'dinv,:,ly the Governor olitztiiictl tlispiitt.-lies from the Co onial ollice and tnadu proelauiatioii iii the year ISIS, giving the graittt-cs indulgence for ten years, to settle their l.'I‘:llIl8 with any persons; but although the tlovcriior gave iiitlitl;_:tiiit:e to some of the run- tces, he did not give it to all, and itlthougli he boutid the 'I'cuuiitr_v, he did notbind liiiuself, for about the saute time the indulgence was proclaimed, he i-st-lit-iited two Towtislii s, to give grants of Land, to his family and open- dants. for them to sell again to working men. I believe the dispatches frotti Ministers have been sought for by the colonial authorities, and II'0 rietors, to discourage all application for an I-lsclieat of the forfeited Lands, and Minister's dispatclict-i in general. will bear two or three coitstructions, and although they have discou- raged an Ilscheat, they have never said, that we are not intitled to it. Earl Grey, in his dispatch says, he is bound to adhere to the dtt‘f.1I07I8 repeatedly given by his predecessors; but no (f¢'Cf8ft)7l has been given: a decision in is case, where the liberty and property ofiifty or sixty thousiind people are at stake, tuust e settled by liiglier authorities than a Minister's dispatch. .\ow, iftlie first side of the case is consistent with the British comtitution. and honorable to the sovereign. the latter is quite the reverse. By the first, British subjects would liavo re- tained their birth-right, and their frccdon, and would have obtained Ian from government at a moderate price to be paid into the Treasury, for public iiiiprovemt-nt. By the latter, British subjects have been treated as aliens, and made bondsinen to delitulters, who gttiiied £100 I man for deceiving him; or one pound an acre for the land he had forfeited, which sums went to reward impostors, and enable them to eorru t a party to serve them; if the first was the it - vice of faithful public servants to the sovereign, the latter is tliu actions and language of trai- tors. I need not quote the charter, which is

rinted up behind the chair. For I think it will be allowed, that in the compact between the sovereign and the subjects, that the sovereign shall not treat the subjects as aliens, nor an- thorize one subjeet to make bondsmen of other subjects, so as to deprive them of their pro- perty, neither shall the sovereign authorize any .Iinister or Governor to di ti pit, or lay a snare for working men coming into this Island, which they, as a matter of course, must fall into and be deprived of the improvement they make upon the hind, nor shall any servant of the Crown forbid the laws to be put in force, which law would release British subjects from bondage and restore them to their rights, of which they have IIt.‘(‘Il deprived; such acts when perpetrated are not to be im uted to the sove- reign, they are the acts of traitors, who disobey and dishonor the sovereign, and bring the imperial government into disrc ute.

"hen persons having no otter claim to the band but it. forfeited grant, and no authority in law or equity to demand rent butts eorru t Colonial Government, to suspend the Law Ky an unconstitutional dispatch from Ministers; so that the title of the band should not be tried, it because an easy matter for im tors to deceive ignorant labouring men, on make them believe that they were the owners of the Land and had an indulgence from the sovorei to make any persons attorn to theirs. But this is not the truth, it is uits the reverse: it is I deliberate falshood wit a fraudiilcntintsut to deprive British subjects of their birth-right, and toe share of the public it ; but such acts are not to be imputed to the sovereign, they are the nets of a colonial government, eorru ted by the pro rty estorted by fraud from t e peo- ple. wit a license from Ministers to suspend the trial of the title to the loud, and employ troops to collect the rents in sod by fraud!!