HASZARD’S GAZETTE. MARCH 23.

sures which had been devised and carried tlrrn ugh the Lepislatuto solely with a view to their lrerrolit and re- lio First amongst these rtroitsures, was that \\ lrtt-h be had brought in for the purpose of ltflitrtllltg protec-

tion a test the excessive charges. in crises of Ills-Irt'lI

fttr Ross, whhh, to the great oppression of poor torr- unts, hd frajnontly boon consequent upon them. That rrisaaars provides a surutnary mode of redress. in cases of axbrtion. and it ernrcts thut go. d-.¢l“'"0lI. orcattlo, taken in dtslfriissl. IhltII not be retnrtvedr fiosst the plsmhra vrlteri-on the distress sltall be rritrde, to a groater distance than lite u.ilr-s, unless in the re- qits-atoftlta tenant. Next In! the hen. lldur-ation bill, which, by every riglrt-rlrinl.tng rrttd urrpro-jutlit-ed nan iii the lir-lorry. had been ltuiltrd as the greatest boon svur conferred upon tlte people by the Legisla- turn: and in the lapse ufa few years. the benefits re snlting lroiu it, would, he felt satisfied. be manifested ‘ -tbs Ioor t o Some might consider the measure than before the Committee as of more bporruea than ilut ofths gonersl difi'us'ron of edu- cattcrt,'bocasa it held out a more irrrnredrate prospect of sabtasrisl improvement in the circurtrsrutrcea of thopsopls; but his opinion was. that the truly source ofperrrrsnotit tori vonioat. in the moral and social condition cftlio people, vtas education; for, without it, all other tanrpornl benefits would be insecure Thea thorn was the Small Debts Act. of the whole- scmeaud economical worlting of whicb,nn better proof “gm 5. .5...-¢.g than the complaints of the layyern of its having almost annihilated tlteir prrtL'llt'e in ac- tisvrs for debt in the Supreme Court. In excluding tho proprietors from the small Debts Courts. with re- s t to suits against tenants for arrears of rent. the truss had acted most wisely; nitd although endea- vours had. most dishonestly. been made to persuade the people that the object of sucll exclusion was the bonalt of the proprietors, at the cost of tho tonantry, such sadoavcurs had been altogether futile. 'l'he Bopla were too good judges concerning all measures rrredirrtely sfi'ectirtg their own interests, to be de- ceived as to their actual working. by the most dexter- ous rverter of facts, or the most subtle of false and deco tful reasoners: and, both in that measure and in tfithers, vrh’i:h the enpyrtdies of the liheralgplarty _snd the espotisib 8 atom a most rsev“ g y misrepre- seated. bad lylll tsnsutry Iblelifflllyl recognised the successful oxortions of their representatives for the fair protection and furtherance of their irttoresis. Next came the Ejoeted Tenants Compensation Bill; a most {put and nopdful rvreasuse, which passed the Assem- ly. last year. but was rejected by the Council. It would, however, he trusted. ho succeuful this Ses- sion: atltuugh the tirue. he hoped was not fur distant when its existence would be considered of but little importance. Should it pass here, there would be no reason. thought. to apprehend its rejcclitttt at Home; for it was rather singular that a similar mea- sure, introduced by the Government, was. at this very time before the Itnperial Parliament. Then there was the Uae-ninth Bill. a measure of very high im- rrtsuca. When lirst brought before the Assembly It IS it was in connexion with the Currency Bill. The Currency Bill was reported to the House by a Currrrrrittse. of which Mr. Duncan M‘I.eurr. then a member ofths House, was Chairman. His (Hort. Mr. Coles's) attention had been particularly directed to that Bill in consequence of his apprehension that the provisions ofthc bill would render all tenants whose rents were reserved in Sterling Money it: their leases, liable to pay at the rats of.l.7 10a. Currency for £5 Sterling; and he statad his opinion to thrrr effect to thetcltsirrrran ofthe Committee. hlr. M‘ tin. Ho (Mr. M'l.uati) said he was of the same opinion, but the Committee would not agree to introduce a Cltru-e to prevent it: and it was than agreed that the Hill should be amended by attaching to it what was after- ‘ " ' . ’l'lre Currency pa the Assembly, and was sent up to the Council. 'l‘ltero they dernurred to the utrreudnrout alleging that tlrs two rrrear-urea were of diiact characters; rind, lry means in conlerence Coitrrnlttass In-tween the two Ho see. it wrrs agreed that the amertdrnent or (lite-ninth Hill should be de- frotti the uther,—the understanding lwir g that tho l'onnciI would firut pstnn the Lurrorrcy Bill itrrd afterwards, the (Due ntrrth Hill, on its being sent a tnthstn as u sspttrrite and irtdrrponrlunt measure. The Currwncy Bill rrneordiugly passed the Council no u no role measure; but. when the one-Ninth Bill was sent up to iharrr, by the Assembly. for their erm- currencs,tlioy throw it uut,rogrrrdless oftheir previous engagement to pass it. In consequence or this lrrutrl:lt effrrith on the part of the Council, he (llt-n. Mr. Colos), when the Currency Bill, nl the close of IIItt Session, was sent down to the Assernhly. proposed that it should lie rretrrirted In the custody of the Clerk, and not presented by the r4petrlter'l'ur the cnncurrsrrce ofths Gt-verrurr—-his irrlarrtiun being that it slrtniltl lro Itep littclt irrrrti ltocritirttrg Itt\\ , uttttl the pnssrtge til the titre-riiutli liill or measure. einlier or-prrrrrtely or con- joiittly with lt.'iri another St-ssiurr. had been secured in the Council: but, the majority berrrg against him tlte Bill was sent up. At the want ofgood faith, trn that question, by tlu Legislative Council. be had felt nrnch aggrieved. and he pledged hirusalf that he

would use ovary exertion to secure the lirrrrl successof

the Bill. He was. however. very sanguine in his ex- psctstions hat the Council would now pass the Bill. and Hie Excellency having underttilten to give reasons in support oflt, there was good cause to believe that it would receive the Royal allowance. The eaten- sion of the Elective Franchise Bill was one which would also he received as a boon by the people; and. ohtrengh a few who were o ed to it mi ltt ctill ihs wrajuriy who carried its Iillirical set. and decry s -sasnrs which would allow ovary 'l‘orn. Dick. and

to vote. it was rr just measure, and would cer-

tainly be found. in connexion with the diffusion of

gdggattnn, to svttrlt eventually for the general good Thorn was also another grout measure which the G

vurnlnsrtt had done their utmost to further—lte meant the Address for llsciproeal Frso 'I'rado with the poo- pls ofths United States. He would riot, liowsver.ori he soars ofthat Address, soak to claim any particu- essnt in the ma- minority, in sc- owlsdgs that they had earnestly and warmly sup- It. It was very forttinate,however. he thought, sued the forrrror House

lur rnorit on bsltalfcfths may at filly; for it was due tot In I

Cut the Address which had pa _ bad ootbaari sartcttttrred at Home, as It had pro

saglvs up our Ilsherios, to the citizens of the nited autos, without any equivalent concession from there to us. In that agreed to by the present House, in tho unwise

II

lostSesslsa, srrcr too great and very llhsrullry, but which the former House had had been ' 3 Illd pvnpmstl to throw o be

ourfis

astta udtlsittod rlaty-l‘rss into their rnarltet-—was. he , the basis on which reciprocity, it’ established "niatlbetwoun tbs people of this Island and those of the [lid also. would be carried into effect. He was. however. sorry to thinlt that owing to the obsti- nae ofths other Provinces, there was no aspect of b ' asatblbhod th'w year. The Bill or an addi- tifi has of"I‘rsnrury Notes to tbs amount of .£ ll- loa, woafl also. w n it became law. stford many advuutogd, sad greatly facilitate our intsrnrrl trsdi and seararsrslal trutionretions. r own Notea°t:_oa'l' a la merit or the n riationu t s .I'.aU'ia,'.nld ttr's.’woald eirr.-rrlats,Ph?£r hand to hand, ' In concluding his rs-

Systorrt, he felt that he might ftrirly men t t evsrythln bad boon sccon. lished that ass! aassstislrly have bssrr sipeeted or srrrsud«l.II filflw load which had elapsed since rts tltlmdliov ttsa. loci. in

Shula

tho three years during which It had , liora measures the grsrrtest lut- hsd boos carried through the var. is the lilto period. Men 1 stuns: Britain. or in any ich one rest

a legislative

" y ‘rt a" * ........ t'.°.."- ‘$.33 “.0 00‘! ‘ I

larsply to an lnisrraaslivo observation cott~

T’

Ilia condition On which it is pen herios to the citiasns of United Stall--that of their allowing our produce

lrum the Proprietors: when an agreerrrent lor the ptrrrhsse of 'I ovtnslnp Lands. at so much per acre. lrom n Proprietor. by the Guvsrnmetrt. should be entered intu.a dealttctrun would he rr-nde. according lit the extent of the Reserves. It was a subject which. ift'airl_v considered. could occasion no doubt or misapprehension ; especially as the subject of the Fishery Reserves had already been so fully discussed by the House in the present Session. Where the right to the soil of the Reserves was in the Crown, the Government were fully pre- pared lo-Illcll their coutruul over them to the lullt st extent; and. in fact. IIIII already done so. as far as circtttrrstatrces had made it necessary they should. As to the other class of Reserves, itr which the right to tire soil is in tho Proprietors, that right. when properly considered, appeared, he thought, to be little more than the liberty to fish and shout over grounds. when let. under lease, to tenants, by Proprietors in the Old Country. That liberty, in Great Britain and Ireland, I'll. indeed, much valued by gentlemen who were large land proprietors; and some of tho Grantees of Prince County, in this Island, ltad formerly, he believed, imaginrd that the reservation of such a liberty here would be as valuable as a similar on in Great Britain, and had act-ordingly introduced a clause. to secure it, in the leases granted by tltern. That the right to the soil of the Reserves, in all cases in which it is vested in the Pro rictors, could, when properly estimated, be of litt o more value than the right to fish and shout over lands in the occupancy of tenants, holding tinder lease, was. he thought, evident enough ; for, when Pro- pirictors either sold or leased any portion of those eservcs, and, in the Deeds of Cotiveyhncc, or Leases, granted by them, clearly set forth—ss common honesty required they should—thnt the ptrrchaser or lessee would, at all times, be liable to s lswlul interruption in his possession or occu- pancfiof any part, no matter what. of the portion ofs eserve so sold or leased to him. surely no man of common judgment, so purchasing or so lessing—tbat was vtith a full knowledge of his constant liability to interruption in his possession or occupaucy—ivou|d agree to give any thing but a very trifling consideration. in the shape of either purchase money or rcnt.for so imperfect a title,or so insecure ii tenure. If any pprtions ofthe Fish- ery Reserves wherein the right to the soil vested- in the Grantees. had been so fairly sold or leased, neither purchaser nor le.-sec could have any right to complain. But if any portions of the Reserves of this class, had been otherwise sold or leased, and, by a concealment of the constant liability to interruption of possession or occupancy, the pur- chaser or tenant had been defrauded or deceived, redress could be claimed only at the harrde of the proprietors of the Tuwnslrips, the Reserves on which had been so improperly dealt with. As to the other class of the Reserves, he believed no menrbcr of the Horrse was disposed to doubt the sincerity of the Government in their declaration that it was their intention to deal with them, in such a mtrnner as would best promote the general interests, whilst, at the same time, due regard should be paid to the private interests of indivi- duals who had improperly. but yet through no fault of their own, been put into possession of any portions of them. and. unconscious of wrong. had made improvements thereon. On that siibjecl.he tbr-rrght,_ it would be best that the House should agree to an Address to His Excellency. the Lieut. ‘overrror. declarative of their wish that the inte- rests of intlrviduals so ctrcumalsrti-ed sbortld be in- dulgeutly consult-rt-d; and that, \\ hcrever it should apt-earjust srrd desirable that any portions of that t-la~s ul' lveserves should be made available for rrprit-u‘tura| purposes. they should be rendered so. at a moderate retrt. payable to the Governmt-.trt— all rents stt arising from such Reserves to be set apart. to lvrltt a fund. out of which in certairrcttses,

to allot-t some ctrntpeiisutiitrt to individuals who might have to yteld up their lmpruverrientr on ‘i.-ht-r_v Reserves, or. at least, sustain injury therein, through the prosecution of the Fisheries. Iti anticipation of such dtlficulties. it was the duty at the House to prescribe. as far as possible. some certain and equitable mode of arrangement. In dealing with the Fishery Reserves generally, dif- flcrrlttcs or another ltrnd would. no doubt, arise.. He alluded to the disputes concerning the extent of the Reserves up the Bay, Creeks. and Rivers. vt hiclr a lttll assertion of the public rights. in and no the ttesctwes. by the Govt rnnrent, would occa- sion, in many instances. perhaps, between the Government and the Proprietors. The settlement of such disputes could not. it was clear, be pro- vided for by any anticipatory provision or deter-' minrtrion or that uuse. he settlement of them could only he ellected by means cfa judicial deci- sion; and, he thought. the sooner the question should be fairly decided in s Court ‘of lravr, the better it would be tor all parties concerned. The House ought to agree to guarantee the Govern- ment against all expenses consequont upon bring-_ ing the question to to judicial issue. It might be." in the event of its being argued in the Supreme, Court here, that the decision would be against the’ Government, and adverse to the common opinion of the Legislature concerning it. In such case. it would be the duty of the Government to carry the; question Home, by appeal; and. should they be otrligutl to do so. they would, he had no doubt.not only be afi'urded the nssietsncaoftho boot lawyers, but have full justice awarded them. He would not advise that the question should be dealt with, by legislative enactment, before a full and final judicial decision had been pronounced upon the whole question. If the Government should let any of the Reserves. in the way of which he had spoken, and the Proprietors should interfere to prevent such an appropriation of them, grounds would, at once. he laid, whereon to bring the dis- pute to a judicial issue ; and it was his opirtiort,as he had said before, that the sooner it should be brou hi to such an issue, the better it would he or s l concerned.

Mr. Mort'rootrr:nr.—Ha wished to know who- ther tlte hon. the Leader of the Government meant that the arrangement which he had just proposed, concerning the agricultural occupation o portions of the Reserves. should extend to the small tree- hulders who had purchased. paid for. cleared, and cultivated portions of Resarves,rrndsr a conviction, on their own part. of the perfect propriety and safety of their proceedings. To call upon thorn, under such citcurnsiant.-es, to Jtoy rent for any Reserves in their hands. woul certainly be very

position In which such frsoholders stood, in rolli- tlon to the public rl ht to the Reserves, he could not see that the overnment could require any power or authority to deal with the Reserves gon- crally.— arttculttrly with those in which the right to the not is in the Crown-—furthsr or beyond that cnnferr d u on lb b the Ctypil Lilli Billlmfilh had put individuals in any parts of the Crown Rssrrvss, it was. a thought, the duty or the Govcrnmont to interfere tu prevent unjust sxactiorrs fmlt Ill! l0MlI'|- A man public dselaratiorr. on the part of the (layers- ,,,,,,,_ that tho Prop on were root. in such cases. entitled to o.'." 7""? "ll """"" ‘I ‘ll’ n".""'° would not be 'O|la¢lOti..‘ h ‘T935 9! ll’. "V9". consequent u a resistance" “I I” am‘ "I" Proprietors would, in most cases, .' " "n. .

are Prtrprletors, however.

. ins the Pisbory ltsssrrss. on tlrs part of Mr. . sass!-

‘Hill It Cm: resumed his speech. smtsaltl— Tbb t.ltmratnsr.r would not purchase the Reserves

to deter the tenants from such a course; lsstsntsonrplisrres with an srtjrrst detnsrrd wcu... nuts on as assets so eltsarrrstaosatl

were justly atrtillod lo the elective gfiha of

unfair. _But. apart from the corrsirlsraticrt of tho

the Royal Allowance of

on. as tenants, of

e Grrvernrtient against the unfair demands of their Landlords; although it tn" well lh==| they, as well as all other ugritultushl ucctrpanrs of any portions of the Crown Bossrvos. should pay a moderate root, on account tltdroof, to lie Govern-

llllllt. ' Hoti.Mr. us. He did not think it rifitt that the Government should be called u it to assume the rssponsibili citlturalocetx noy of Reserves. Who indulgence might afterwards be granted. bythe Government. to parties who might suler Qpm having been im roperly put in possession_oY’ portions of the serves, they oou not with propriertyl look for, on. dctrisntl redress, ex- ce .1: at e hands of the t-oprietrors. But on did he think it woul_ be rigllrt to demand a

small rent from the ultui-nl occtiport portiotfi lg the germs: ; he alstyn ttwou eel ° tart reasons score- riire fishermen who, ‘rllbuld, by Licences it-om ilie Government. be put in possession of pore tions thereof for fishery purposes, to pit rent, for the portions which they should so old and occu y—fiay a shillilpg or live grilling: per acre, as e ouse m' t think’ l: to etermine.‘ These Reserves being at the disposal of the Crown for fishery pur see, the Government were certainly inves with a discretionary power over them for flue: purpohsee iutitiltl1,lht‘)}w- ever,he would trait in it rt t t. t e o- vernmeiit should lay down tog themselves any fixed rules, for their guidance in the disposal of them. independently of the ‘sanction of the so. ‘

I 0 so

Mn. Mon-moirxxv-—Souie remuneration ought to be rovided for those who had cleared porti- ons o the Reserves, on their being called upon

to give them up for the accommodation of the

fishermen. It could not be right to require ti.

msn to give it the most improved, the most val-‘ uable pur-t—-t 9 water front of his farnr—with- out remuneration, even although, unfortunately- for him, it should be a Fisher Reserve.

ON. us re lied :— he hon. member has forgotten that have said that all route which may accrue to the Covet-nment,on account of the Reserves. ought to be set aside to form it fund, out of which to afford moderate compen- sations to individuals who may be dispossessed of their improvements, or sustain injury therein. by the rosecution of the Fisheries. As for the small eeholdcrs in occti tion of any of the Reserves, I think we be best leave them as they ure—t.he Government not seeking to inter- fere with them in any way. If, however, they be required to give up posession of any part of their improvements or the use of fishermen, they must look for redress to the Proprietors

om whom they purchased their forms. It certainly does not appear to me thatjt would be fair in the Government now to demand rent for the Reserves in the occupancy of such free- holders. These Reserves, Itliiuk. we must satisfied to look upon in the light of Ion ne- glected property, every thing concernin w iclr

as fallen into confusion; and I would‘, fore, advise that the present freehold po sore thereof be allowed, to the fullest extent that circumstances will permit,tbe sdvunta of the long previous no lect, on the part of lg Government of this Go any, of the ublic into- reste therein. As the subject in a irect form, will be brou ht up again, this session. I think any further mission of it now would be use-

:25 is

. oorrxr. M motion concsrnig the Rs- gistrtition of all Proprietary Titles, if successful. will afford the means of bringing to light much which is now hid in darkness, concerning the Fishery Reserves. It is now full time for the lgqvepnment prepisiely to aset-rain, not out ho;

r. e ri h o e exten wi respect to‘¢llt'sss :l!s,o whether the Government have not a right to bite ssession, for the public benefit, of certain other lands, to which no legal dproprieltsry title can be shown to exist; and, in e gistrution of Proprietary ‘ties, the Government will never be in a position clearly to sscermin whither, certain lands are theirs and at their dis sol, or not.

on. Mr. Tncnrmirv jociilarly observed, that, after the loo s eh which had just been delivered, to t e gooemtuittee, by the hon. the Leader of the Government—the 5, as, he believed, the French would call it-—in which the hon. gentleman had taken a review of till the measures which had been introduced into the Legislature, b the present Government, and carri th ugh it, under their auspices, he was inclined to think that they had almost arrived at the close of the Session; no more, c was half disposed to conclude that t 9 House was on the eve of a dissolution ; and was almost prepar- ed to ask the hon. the Leader of the Government directly whether his (the hon. Mr. T's. ) cou- jecrurc on tint point was correct or not. If so, they ureifht as well, be thought, be positively inform concerning it at once, to the and that the might shake hands, rind, as legislators, bid eac other farewell; for, in the event of a disso- lution, it was not probable that they would all meet again, as representatives of the people, in that Ball. With res to the quest on of the Fishery Reserves, w ich had been iucidently introduced, all that he would then say was, that itappeared to him to be beset with many serious di culties; and that, however the Legislature might deal with it. it would occasion the Govern- ment no little trouble. But, to return to the Bill which had just been got throu h. and a so, by tlie'Cornrnittee, he wished to ow whether it was intended that the Commissioner of Pub- lic Lands to be up ted under it, in the event of its becoming lavnwsstobesllowcd ‘ hold any other salaried appointment under the Govern- ment. (Hon. Mr. Cons. No: it is not intended that he shall be showed to hold any other Gov- apsplntiueut with s Salary attached to