1

,.

the Grant of the Government House Grounds, reported thin but Excellency Jtnd been pleased to say that he would ltd-9nd to the request of the House.

It having been explained to their honors, that the Houseof Assembly, in sending up to this ho'ttse the Bill to regulate the manner of proceeding on contmverted Elections, (whichtBtll. With the exception of one or two verbal alterations, is a mere copy ofthe expiring Law relative therctO,) have it in contem- plation to reprint the second volume of our Laws, so that every Act which the said volume may contain may be in itselfa com- plete Law, explaining itself independently of any former similttr enactments, the object of the House of Assembly was at once understood, and duly appreciated by their honors; and all objec-

.. stuns to the re-enactm‘ent of the old controverted Election Law by a. Bill being merely a copy thereof, was at once withdrawn. said Bill was, therefore, read a third time and passed.

HOUSE OF ASSEMBLY,

WEDNESDAY, February 14. g

Cooper moved to resolve, that an Address be presented ~ . . ‘the Lieutenant Governor, praying that he will be pleased to afike such measures as tiiay be necessary forputting into opera- ' tion pCourt ofjurisdiction, wherein the inhabitants who have - improved the lands ofthe Colotiyfrom its wildernessstate may ‘rs'ue for a settlement, iii the proportioni of one person for every two hundred acres, agreeably to the conditions of the original grant, and proclamation of 1816. > ‘ 'Mt‘. Taoaurou said, it was a matterof great importance, and, .in his opinion, should not be disposed of otherwrse than by a Committee of the whole House‘; then might some measure be prOduced'with a. probability of being carried ; that this would be, fire (Mr. Thornton) verily believed the hon. member did not ex- ..pect. He in; not sincere, at least he could not give him credit {or being so. The intention was otherwise than avoided, and to answer another purpose foreign to it. 1am not now, said the hammember, about to enter into the merits or demerits ofthe old question that had been argued in this House, over atid over .again. The hon. member is well aware he has no prospect Of ,obtaining the support ofthe House. It appears the Resolution 1isnot now in its original shape; a part has been struck out, which be (Mr. Thornton) was glad tO perceive, for it was highly tridicnlous. . The ban. member then moved that it be referred to a. Commit- ,itce ofthe whole House on Friday next.

Mr. COOPER then commenced his reply from a written speech, arelative to the numerous refusals of the Imperial Government—- tlIIC exports statements forwarded to the home Government—the "Despatches relative to them—the original Grants—Proclamations, kc. ore—the Proprietors’ non-compliance with the Grants, or .indulgences granted tO them, from time to time, by the high authorities at home, 65c. kc , when the Speaker interrupted the hon. member by reminding him that such matter was irrelevant

’ to the question. The hon member begged he might be permit- ted to proceed; but the Speaker was inexorable; an amendment was before the House, to which he said the hon. member must confine himself.

Mr. RAE observed, he did not think the hon. member, Mr. Cooper, was out of order. He had been accused of being insin- cere, and he ought to be allowed to answer the accusation.

, Mr. Coorsit said, he ought to be allowed to explain, in answer no whal.had been said by the hon. member, Mr. Thornton, as coaching his insincerity. ,

Mr. THORNTON explained; he had not accused the hon. member ofb’eing insincere; his remark was,»that he did not give him .credit for sincerity.

Mr. Cons said, as the hon. memberhad adopted the Episcopal mode of reading his sermon, be (Mr. Coles) did not object to his “bringing it to a close, as it was not a rare occurrence for asermon not to be understood till it was concluded. - ,

«' Hon. M r. PALMER said, he had been several times about to in-

.cerpose; but he had now no objection to the hon. member’s pro-

» needing, as no doubt the hon. member’s object was publicity. . Mr. Coornt then hastily concluded the reading of his speech, by remarking that the home government, in 1816, would not

- have issued a Proclamation, ifthey had not thought it practica-

‘isle lo-settle the Colony with others than German Protestants.

Mr. THORNTON said, if the question were taken tip by the House in Committee, some measure might be introduced, pre-

' fmble to .the one under discussion, be (Mr. T.) had given malice'ofa motion in the Order Book, that might meet the views of the House. The hon. member had gone a long way back; heng. Thornton) wished to know, ifthe hon. member had gone * ar when he was delegated to the home’Governmetit.

The House divided, for the amendment 12; orginal motion, 10.

‘ On motion Oer. THORNTON, the House resolved itself into a

\t Committee Of the whole, on the Small Debt Bill. Several amend-

ments were moved by the hon. Speaker, and adopted by the Com- mince.

Hon. Mr. PALittsR named Tuesday next, for taking up that partof His Excellency’s Speech which relates to the Fisheries. This was agreed to. _ ’ ‘

The Hon. Mr. Palmer presented, pursuant to the Message of the House of Assembly to His Excellency the Lieut. GO- vernor ofthe, 8th inst., various papers and documents upon

the subject of the Fishery Reserves in this Island.

And also, pursuantto the Message of the Hotise of Assem- bly to His Excellency, of the 8th inst., a copy ofthe corres. findenco between the Postmaster at Charlottetown and the

puty Postmaster General at Halifax, N. S., Oil the subject of the Inland Mails oftliis Island. ,

Ordered, That the said correspondence be referred to the Committee appointed to report on the state ofthe Post Of- fioe department. .

The Hon. J. S. Macdonald, pursuant to a Message of the House of Assembly to His Excellency, ofthe 10th inst., pre- sented copies ofyarious papers and correspondence having relation to the rejection of the Act of last Session, author- isth the issue of Writs, dc nobo, under the Road Compen- sation Acts.

Resolved, That this House will, Oti Tuesday next, resolve itself into a Committee of the whole House, to take‘into con- sideration so much of His Excellency’s speech at the Open- ing ofthe present Session as relates to the Fisheries of this Island; also, the Despatches and other papers communicat- ed to'the House by His Excellency during the present Ses- .siou.

A Message from His Excellency the Lieutenant Governor.

Mr. Secretary Havilnnd, by command of His Excellency, «delivered the following Message:

H. V. HUNTLEY, Lieut. Governor.

The Lieutenant Governor lays before the House of Assembly the several Returns of the Comtnissioners of Statute Labor, for the past year.

Also, the Account ofthe Road Correspondent, shew- ing the amount expended during the same period upon Roads, Bridges and Wharves, under the several appro- priationsofthe Legislature.

The Lieutenant Governomivails himself of the same opportunity to submit, for the favourable consideration of thevHOtise of Assembly, a Petition of William Dotise,

,fi‘.

' ' Esquire, Agent for the Earl of Selkirk, praying, for the

reasons therein mentioned, to be relieved from the pay- ment of the sum of£l89 105., assessed upon Townships Nos. 59, DO, and 6‘2, under the Road Compensation Acts, towards completing the Road leading from Wood Islands to Montague River, and which Road has recently been opened. . The Lieutenant Governor also submits an Account of Messrs. J. R. Bourke and T. B. 'I‘reinain, amountino to £48 25., for superintending the building of the WBarf at Minchin’s Point, Lot 48. As the Law allows a per- Centage to be charged by the Road Commissioners upon sums expended by them upon Roads and Bridges, the claim of Messrs. Bourke an] Tremain is etititled to the equitable consideration of the House of Assembly. ~ The Lieutenant Governor also lays before the House ofAssembly, a report of the present insecure state of Poplar Island Bridge, and estimates of the expense of the repairs of the said Bridge. The public Accounts twill shew a large and unavoidable expenditure incurred

' in the temporary repairs of this Bridge during the past

- ' - The Lieutenant Governor leaves it to the discretion

'of the House of Assembly to appropriate such sutns, for

one” (bulimia! metals.

the service of Roads and Bridges for the current year, as the disposable amount of Revenue for that purpose will admit of.

Government House, 14th February, 1844.

Ordered, That the said Message, with the papers accom- panying the saute, be referred to the Committee Of Supply.

Mr. Coles, front the Committee appointed to inquire into the cxpedieticy of rendering less expensive and more secure the course ofprocedure itnder the Act for levying an Assess- ment oti ‘Land, with power to report by Bill or otherWlse,

reported a Bill, as prepared by the Comtnittee, and the same'

was‘rec ived, and read the first tirue.

Ordered, That the said Bill be read a second time to- morrow. ‘ ' -

The remainder of the day was spent in Committee on the Small Debt Bill.

THURSDAY, February 15. =

Theliisolvent Delitors’ Bill was read the tltird time, I'assedi

and sent to the Council.

COMMITTEE or‘SUi’er.—ROAD APPROPRIATION. A

The House, tipon motion, then resolved itselfintoa Committee of supply. Mr. Bearisto in the chair: .

Mr. THORNTON said the sum proposed to be voted this year for Roads and Bridgss, was three thousand four hundred pounds: one thousand three hundred to Queen’s County, and one thou- sand and fifty to each ofthe other Counties. Last session the vote, dun, for this purpose was five thousand pounds, almost a third of the income of the Colony. Willi the addition ofextrns, it would, in all probability, amount to near four thousand pounds this year. The iSSue ofTreasury Warrants. this vear, was about

nineteen thousand pounds. It was for front his (Mr. Thornton’s) '

intention or inclination to indulge in any remarks which could injurioust adorn the public credit; yet, he must say, this fact demonstrated to the House that the time ‘was arrived when it became a duty imperative upon them to endeavour now to cur- tail the expenditure; and such a curtailment he hoped now to see eflected to the amount of fifteen hundred pounds. Sorry am I,said the hon.metriber, to proposes. curtailment iii the application of public money to so useful a purpose as the making and improv- ing of Roads alltl Bridges; yet it cannot be obviated. He hoped hon members, to whose care the money would be ititrusted, would apply it to the most needed and urgent improvements. The hon. member then submitted his resolution.

Mr. Cooper’s remarks tended to shew, that however useful the application of public money was to the improvement of Roads and Bridges, yet mttst the vote be reduced this year. It was (as IIOW submitted) quite as much as the country could afford iti its present distressed state, with the likelihood staring us in the face of that distress still being increased.‘

The Hon. Speaker agreed generally with what had fallen from the hon. member, Mr. Thornton. Existing circumstances rendered the’ reduction necessary this year. In another, those reasons may vanish. We may then again increase the vote. The principle ofapplying the expenditure to those parts ofthe Island where the most business was transacted should be adop‘t- ed; We must, said the hon. the Speaker, economise a little, and as far as he was concerned, he would not ask for a vote larger it amount than named for the appropriation of the district in whic. he was concerned. .

Outlie House resuming, the Chairmati reported the foll- lowing Resolutions, which were unanimoust agreed' to : '

1. Resolved, That it is the opinion oftl'iis Committei that a sum not exceeding Three thousand four httiidre Pounds be granted, for the service of Roads, Bridges and \Vharves, for the present year; and that such sum be appor- tioned among the different Counties as follows :—

i

Queen’s County, - h . - £1,300 King’s County, - - - 1,050 Prince County, - - ' 1,050

2. Resolved, That the sum of Two hundred Pounds be granted, and placed at the disposal ofthe Lieutenant Gover- tior, to be expended, iftiecessztry, iii the laying out and open— ing new Roads, under the Road Couipeusation Acts. 1

3. Resolved, That the stlrn of One hundred and fifty Pounds be granted, to defray the contingent expenses of Roads and Bridges for the present year, the same to be equally apportioned between the three Counties.

The remainder of the day was spent iti Committee on the Bill to render less eXpensive and more secure the mode Of procedure under the Land Assessment Acts. Oti the House resuming, the Bill was reported with amendments, add or— dered to be engrossed.

FttiDAv, Fe brual'y ‘ 16.

Resolved, That a Committee oftbree Members be appoint- ed, to prepare and bring itt it Bill to confirm the titles Leland purchased under the Land Assessment Acts. ' ,

Ordered, That Mr. Yeo, Mr. Thornton, and the Hon. Mr. Palmer, do compose tlte suid Committee. .

A Petitiqn of divers Inhabitants ofTownship Fourteen, and others, was presented to the House by Mr. Fraser, arid the saute was receivetlarid t'etfd, praying that all restrictions upon tlte exportation of Oysters be removed.

Mr. Tr-tonrvt‘ox said, the oysters. even now, were disappearing fast enough. Frauds, to a considerable extent, are practised in the exportation of oysters, tn defiance of the law, be (Mr. T.) was credibly informed. He hoped detection would ensue, and that severe punishment Would be administered. Moved that the petition be rejected, on the ground of inexpedicncy. Rejected accordingly. _

THE SENDING OF MILITARY TO THE EAST POINT, LAST YEAR.

Mr. COOPER, during the morning sitting of the House, moved that a message he sent to his Excellency the Lieutenant Gover- nor, requesting his Excellency to be pleased to lay .before the House all documents relative to the sending of Troops to the East Point during the winter of last year. He (Mr. Cooper) could gather nothing from the accounts before the House, to shew any reason why the country should be put to so great an expence. .

Mr. THORNTON thought the hon. member rather premature in his motion: the documents had been only very recently laid on the table, and hon. members, as yet, had not thoroughly inspect- ed them. Upon these grounds, and not with any intention to smother enquiry, did he oppose the motion of the hon. member.

Mr. Loucwouru considered the motion out of place in the pre- sent stage. He had laid the documents on the table, but they were not before the House.

Mr. RAE said the Committee was not to determine whether the expenses were just; but to examine the accounts, to see if they agreed with the vouchers. and nothing more. The Committee was not authorised to call upon “his Excellency for this itilormav tlon.

Mr. CoLEs having said a few words relative to the purpose for which the accounts were laid on the table; which. he considered. was merely for the purpose of investigation; Mr. Cooper With- drew his motion for the present.

TthPrAxcR could aSsure hon. members his Excellency had no desire to withhold intbimation. On the contrary, all informa- tion which his Excellency could give, or the House require would be willineg afforded. ’

The remainder of the day was spent iii Committee on the

Small Debt Bill.-— Progress reported. '

SATURDAY, Febrdat‘y 17.

The Order ofthe Day, for the House iii Committee on the further consideration ofthe Bill for the recovery of Small Debts, being read ;

The House accordingly resolved itselfitito said Committee. After some time spent thereiti, .

Mr. Beairsto reported, that the Committee had gone through the Bill, and made several amendments theretO' which amendments were again read at the Clerk’s Table and agreed to by the House. ‘ ’

Mr. Yeo, from the Committee appointed to prepare and bring in a Bill to confirm the Titles to land purchased under the Land Assessment Acts, presented to the House a Bill, as prepared by the Committee; and the same was received and read for the first time. ' - . ,

lllr._Yeo, from the Committee appointed to prepare and bring in a Bill to consolidate and continue the Acts relating to Merchant Seamen, presented to the House a Bill as pre- pared by the Committee; and the same was received and read tbr the first time. ’

Ordered, That the said Bill be read a second time on Tuesday next.

Mr. Beai'rsto, from the Committee appointed tO prepare and bring in a Bill to regulate the gathering of Seaiweed,

resented to the House a Bill, as re ared bytlie committee, End the same was received, and Benii for the first time. on

Ordered, That the said Bill be read a second tlme Monda next. ‘ ' .

Ordeli'ed, That the order of the 6th instant, for engrossing the Bill for the regulation of the Public Wharfat Georg town, be discharged. , _

Ordered, That the said Bill be now re-commttted to a Committee ofthe whole House. ' .

The House accordineg resolver] itselfinto the said Com- tnittee. On the’House resuming, _ _ I

Mr. Beairsto reported, that the Committee had gone In“: the further consideration of the Bill, and made severa amendments thereto; which amendments were again read at the Clerk‘s Table, and agreed to by the House.

MONDAY, February 19_. h

The Bill to regulate the gathering of Sea-weed on t 3 Shores of this Island, was, according to ordet‘,.i'ead a bomb time, committed, and reported agreed‘to, With amendments. -'Mr. D. Macdonald, from the Committee appornted to pre- pare anrl bring in a Bill to consolidate and amend the Acts relating to Schools and Education, presented to the Hottse a Bill, as prepared by the.Cotnuiittee; and thepaine was recewed and read for the first time—Second reading on

htirsda next. .’ T Mr..Cgles moved to Resolve, that this House do now. re- solve itselfinto a Committee of the whole House, to.consuler the expediency of'imposing a Tax on the Rental of Proprie- tors of Lands in tliisdlslanp. t.

The House divit e on tie qties ion:

YEAs.-—-MGSSl's. Coles, Lougworth, Fraser, Hon. J, S. Mac- dotiald, Beait'sto, Cambridge, Rae, D. Maclean, Aitken, A. Maclean—IO.

NAvs.—-Hon. Mr. Palmer, Messrs. Cooper, . Montgomery, Yco, D. Macdonald, Macintosh, Dingwell, Thornton, ‘Mac- gregor, Dalziel—JO. » _ _

The numbers being equal, the Speaker'gave. his [casting vote in the negative. -

TUESDAY, February 20. _

A Petition of (livers Inhabitants of New London and VI- citiity, was presented to the House by Mr. D. Mnclean, and the same was received ntid read—prayingthe House to adopt measures with a view to a change in the Leasehold tenure of Lands in this Island. .

The Order ofthe Day being read, for the House in Coni— mittee, to- consider the expediency ofpresenting an Address to His Excellency the Lleui.’GOVBI‘I]O|‘, praying that he Will be pleased to take such measures as _rtii_iy .be necessary for putting into operation a Court ofJurisdictton, wherein the Inhabitants who have improved the lands of the Colony from its wilderness state; may sue for a settlement, iii the proportion ol‘otie person for everytwo hundred acres, agree- ably to the conditions of the original Grants, and the Pro- clamation of 1816; , '

Ordered, That the above Petition be referred to the said

Committee. , .

And then the House resolved itselfinto the said Commits tee—Mr. Hudson in the Chair.

On the House resuming, Mr. Hudson reported, that the Committee had come to a Resolution; which Resolution was again read at the Clerk’s Table, and is asfollovveth :—

RESOLVED, That it is the opinion ofthis Committee, that the repeated and unqualified refusals Of Her Ma- jesty’s Government to claim the forfeiture of the original Grants of the lands of this Colony,’ or at all to interfere between the Landlords and their Tenantry, renders any further aitempt, on the part ofthis House, to revoke the tentire by which lands are held in this Island by Legis- lative enactment, unless previously sanctioned by the approval ofthe Imperial Government, hopeless, and cul- ctilated only to mislead the people, by holding‘out expec- tations that will prove alike detrimental to the interest 01 the public and ruinous to individuals. But Were this House to disregard the repeated declarations of Her Ma- jesty’s Government Oti this subject, and a Court of E5- cheat were even now to be established, no benefit would result to the Tenantry, as must be evident from the course which it is declared Her Majesty’s Government would pursue with reference to the lands that might be forfeited, as set forth in the Despatcli from Lord Goderich, dated the lst day of August, l832, which is as follows:

“If any lands were esclieated in Prince Edward “Island, it is probable that suc—h portions ofthetn as are “ actually occupied would be continued to the occupy— “ ing Tenants at their present (rents. There would, “however, be no remission ofthe conditiotis on which “ the Lands are how held of the Proprietors, and as- “suretlly there would be no free grants; this mode of “ dealing with the public property has ,been abandoned "‘ iti almost every British Colony.”

That the Court prayed for in the said Address—so far as the nature of its proposed Jurisdiction can be com- prehended—is one not consonant with the principles of British Law, and as such, the request contained in the said Address appears to be quite unworthy ofthe serious refutation or consideration ofa Legislative body; and that this House will direct its best attention to the development of the resources of the Colony, by affording every encouragement to the promotion of its Agriculture and Fisheries, and to the opening of. a Market for their productions, as a certain means ofrestoring contentment to the inhabitants and prosperity to the Island. ‘ -