160

THE EX

AMINER.

SAN ORE CTT

a

Serr > _— eee

_— potanened samara

(Continued from our first page.)

& Co, had purchased from the Trustees. If Mr. Pope had continued to hold the property, he would have put the peo- ple to great trouble and inconvenience. And, Sir, as t the price — the Government gave no more than the amount which was asked from Captain Sleigh. The press opposed to the Government stated that it would cost twenty shillings an acre, we got it for six shillings an acre with the back rents. As to the assertion of the how. member — that members of ‘this House have been speculating in the lands. I deny it, and now call upon him to name a single individual to whom his charge wili apply. Not one Liberal member has purchased 100 acres, and none could obtain more than 500. So there js not much chance of speculating in that. So far from the Government not taking all necessary precautions to guard the interests of the people, I can only state that Messrs. Pope & Compauy were dissatisfied at the strictness with which we conducted the negotiation for the purchase.

ose —

Hon Mr. Montcowrry.—Mr. Chairman, the question of|

Fschoat has been agitated now for a very long time, and | do not agree with the Hon. Col Secretary when he says, that the petitions before the House on the subject ort; from a few individuals in Charlottetown. I know, 51, that it has long excited great interest throughout the country.

The tenantry were promised that they would have their

ginatec

was introduced, and I know that political capital was inade out of it at the Elections. The first year after the intro luc- tion of Responsible Government, handbills in support of the |

Liberal candidates were circulated, in which it was stated,) Cc..per, I suggest to the cons

‘

that the Land Question would be settled. The people under- | stood by that, that a Court of Escheat would be established, and several were elected op the strength ofthat idea. As to the argument that the Home Government would not allow a Court of Escheat to be established because they had pre- viously refused it, we know that many things have been!

ranted which had previously been denied. I sce no reason, Mr. Chairman, for Hon. Members objecting to the establish- | ment of a legal and constitutional Court of Escheat, if for | no other purpose than to put an end to the agitation of this question. A proprietor having a good title to his land will have no cause to fear an investigation, and should in my opinion, be the first to support the institution of sucha Court, and I think it our duty, Sir, to endeavour to obtain the Court, only to quiet the minds of the people, which will not be until the Court shall have been established. I shall support the Resolution as having for its object the attain- ment of a legal and constitutional right, and not only on that ground, but with a view, as I said before, to terminate the future agitation of this question, and allay the excitement in the minds of the people. Why, Sir, I know one Township where the people refuse to pay their rents, as they were led to belicve that the Government intended to take the lands

1} doe sts which have been cited to shew that the British | : documents which beve:ernigiey Bt | will be glad to sell their lands to the Government—the land

it, in order to quiet the n.inds of the people and prevent any | man or any set ef men from making political cay ital out of | the agitation on this subject. But Mr. Chairman, it has been | denied that Members of the present Majority ever held ~ to| the people the promise of free lands as a bait to obtain t veir | 1st } ri k. if in the year 1852 one Hon. | | support. But I will ask, : ca Bee /Member now in this House did not circulate a handbi ! in| | whieh free lands were promised to the people, if the so 7“ | liberal party were elevated to power ' (Name, Name). We /Mr. Chairman, I am not afraid to name bim and I name the} | Hon. Member, Mr. Clark. Mr. Cuarx.—lI deny it. lion. Mr. Lonaworrm.—Then al] T can say is, that T can | prove that he placed the handbill into the hands of another | party. 2 : : : i Mi. Crark.—That is not circulating it, (Laughter.) lion. Mr. Loncwortn.—Mr. Chairman. I need no. more} | than such an assertion to prove the truth of what] have} l caid, for if the fact of the Lion. Member's having crrculatod | the Bill. is not proved by his having handed it to anoti | nerson, or does-not prove a circulation by him, j do not Know l what could be termed a cireulation. But with reference to,

}

ithe question itself, | maintain that although ministers may |

| ews before the House of Assembly. At that time, sir, the

Hon. Member had a large majority in the House, and much benefit was expected to result. Myself and others were led to believe that important alterations in the conditions under which land was held by the large majority of the people in the colony would be effected, and I will say now that it 1s my opinion that if the Hon. Member had not been extrava- gant in his views, much might haye been accomplished in the direction of the Hon. Member’s views—probably some six or seven Townships might haye been escheated—but the Hon. Member believed that what could be applied to one would be applied to all, and thus, however good his inten- tions may have been, he went in my opinion too far. It is, however, Mr. Chairman, high time this question was decided; and while I admit that it is natural for the tenants to desire to become freeholders, and further that I believe they have been led to believe that the lands would fell into the hands

of the Government of the Colony, I cannot withhold the |

expression of my opinion that the day for that has gone by, never to return. L believe, Mr. Chairman, that the land purchase bill presents the only practicable mode of convert- ing the tenants into freeholders, and although it may be considered by some that the Worrel Estate was purchased

‘at a high figure, I consider it an excetlent move in the right

ave refuse Jscheat the lands, there is nothing in all the | d eer - direction. Before long I have no doubt that the proprietors

Government would not sanction a court of Escheat. (Laugh- | ter.) Hon Members may amuse themselves by 1s 'much as they please, but 1 say that the question for the}

the House on any previous occasion. It is our constitutional | rizht to have such a Court, and as Ido not approve of the | wording of the resolution moved by the Hon. Member, Mr. ‘a ideration of the Committee the | following :

‘< That it is expedient to establish a Court of competent Jurisdic- | tion to investigate and decide upon the titles to all Township Lands | in this Island.”’ |

Mr. Crarx.—Mr. Chairman, as to the handbill on which | the Hon. Member, Mr. Longworth, laid so much stress, I!

| bs

think I can easily explain that to the Committee. I received | that paper by post; it came to me among a lot of others ; the | prineipal portion of which if I recollect right, related to | the civil list Bill. "When I opened the parcel, Mr. John! Owen, who was present, took up the handbill. Mr. Owen | And I ean state, Mv. Chairman, that I did |

is no Elector. : ; not agree in the statements contained in the bandbill. tt has been freqnently thrown up to me, that IL carried that) handbil about among the people, but T consider that my) conduct with reference to that bandbil, in letting Mr. | Owen take it away with him, affords no greater proof of | my agreeing with the opinions it set forth than would, this | reading and lending tea friend by the Ilon. Member for | Charlottetown, Mr. Longworth, of Paine’s works, be a/| proof that ‘he coincided with the opinions of the .author. I deny, Mr. Chairman, that there is much agitation on this subject in Prince County and [ appeal to the Hon. Member,

from the proprietors, and grant them to the tenants. I must say, Sir, in justice to the Hon. Col. Secretary, that I never | heard of his having made such promises, but I know that) persons have been going about the country, instilling into | the minds of the people, the idea that the Liberal party

would obtain an Escheat of the proprictor’s lands. Ilon.. Mr. Lonp.—Really, Mr. Chairman, a new light ap-

ars to have dawned on the mind of the Hon. Member who) o.nonses, 1 am satisfied. Why Mr. Chairman, under the . ; 1as just sat down. We heard nothing ¥ this last winter.| grey saption of the Land purchase Bill, the Attorney and | meaning. When he says that the grants were made impro- when he a his yey ie ay hyn z o z political 2p} Solicitor General are a court of Enquiry to investigate | yidently, I tell him that the law and the constitution afford tal having — = : : . eee oe, a 'titles. Inall countries there will be found some agitators,/, remedy. If that hon. member will look, he can easily see wromises of free lands to the tenantr jave seen it state ie fa 114 and wighdnary their views int a a ] y: no matter how wild and visionary their views may be. Fone | Ot himself. But they who suffer under the actual pressure

Mr. Montgomery,to say if there was any allusion to it at St. Eleanor’s at the general Flection? and at my recent electfn. { expressly stated at St. Eleanor’s that I would not pledge myself to yote for Escheat. The Hon. Member, Wr. Laird, took the trouble of going into my district to excite the people agsinst me on this question, and after all he has done, if he is content to lose his time and pay his horse-hire and

in the islander newspaper, that I promised the Inha‘itants of| fron. Member, Mr. Laird, has stated that the petitions before

( ‘vp y 7 y ha aecar . . : : : Lot 19, to get them free lands. Now, Sir, I deny oe asset} the House had influenced his mind and induced him to_ tion most positively, I never promised auy thing of the kind, support the resolution of the Hon. Member, Mr. Cooper,

and Escheat was never mentioned at any meeting on Lot 19,

i

at which I was present. _1 believe Mr. Todd . Title to Lot not meet the views of the present Government. Now, Sir, a moe and, Mr. a cere: = or oa ofllet us see how much consideration those petitions are 1 a ug 1S island ; 2 ‘ . ny > 2 ol; : : : - . > ee eee se os dinit! entitled to, to induec ary Hon. Member to violate the | tutional measure. I find in the third section of the twelfth

there may be some excitement about it in two or three see-

of the Hon. Member (Mr. Cooper), which cost £300! But,|4 nin

Mr. Chairman, I am surprised at the Hon. Members, Messrs.

Cooper and McIntosh, stating that the tenants on the Wor- expressing the wishes of the people! And, Mr. Chairman,

rel Estate are no better off than they were before. Why, sir,

I was informed by Mr. Charles Dingwell that some of the} who have been going about the country, endeavouring to

tenants had agreed for the purchase of their lands at three

pounds an acre, and when I stated that surely Mr. Pope} ooufasion. This I think is proved by the result of the meet-

would not enforce the bonds, he told me that he would. Sir,) I maintain that the tenants on that Estate who have availed themselves of the provisions of the Land Purchase Bill, are much better off than they were before. Why, Sir, look at the land about St. Peter’s Bay, which is the highest priced of the whole Estate, the tenants can get that at Is. 6d. an acre, and will any man tell me that Mr. Pope would have sold those lands at that priee! No, Sir, he would not have given it for double that amount. am, Caen y opposed to any further agitation of this question, and must say that it does not look very well to see certain parties now | supporting the Hon. Member Mr. Cooper, on this ques-

tion. I recollect, Mr. Chairman, the time when that ion. Member, and Mr. McIntosh were brought to the Bar of the louse, for their concurrence at the famous Llay River | Meeting ; on that occasion some of those who now go with | him, had not the spirit to raise their vgices in his behalf, at} the time when the Hon. Member for Uharlottctown, (Hon. | Mr. Palmer), was the warm friend and supporter of the

Proprictors.

ates as } ois eet eS oa : Saran Mx. M‘Intosa.—Mr. Chairman, the Hon. Member who has/| in my opinion it does not look very well for the Hon. Mem- |, .*4:, at he sagt sat down has asked ‘“ what benefit the people have re-} ber, Mr. Clark, to censure Mr. Cooper, and designate him as | position to the measure, but a principal one was, that the

caived from the agitation of this question?” I can answer, that they have gained in the reduction of the price of Land from four pounds to ten shillings an acre. And I advocate

Escheat in order to lower the price to the tenants still more. | these days; and therefore, if Mr. Cooper is now wrong and

If it had not been for the discussions which have taken place on this subject, the lands would still be beld at three or four

unds an acre. But now, instead of receiving thanks for |

raving reduced the price of land, we are ridiculed and held up to the country as disturbers and agitators. But, Mr. Chairman, it is my opinion, that if there was more opposition manifested to the proprietors, the lands would be oilered on better terms. And certainly those who have paid rent and spent their time and labor in improving the land, should purchase their properties at a lower rate than they who come in and purchase wilderness lands.

Hon. Mr. Lorpv.—Mr. Chairman, there can scarcely be any evil, however great, which does not produce some little good. And I ean assure the Hon. Member Mr. M‘Intosh, that the

Government used every precaution in dealing with Mr. Pope. |

As a proof that they did so, I need only call the attention of the Committee to the fact of their having reserved no less a sum than six thousand pounds, to meet any difliculties that might arise from tenants gy to attorn.

lion. Mr. Loncwortu.—Mr. Chairman, I must say that I think the allusion made by the Hon. Member, Mr. Lord, to the time at which the Hon. Members Messrs Cooper and M‘Intosh were brought to the bar of this House, can have no bearing on our diseussion of the question before us this evening. ‘That occurrence took place some 20 years ago, and really I do not see how it can affect our judgment on this matter. Lam disposed to go fora Court of Escheat, and when I say that, I do not mean to express the opinion that the lands are liable to be eseheated (Laughter.) ion. Mem- bers may laugh, but [ can tell them, they may find it to be no laughing matter, and it may be, that if they do not sup-

- port the establishment of a Court of Escheat, their con- stituents may laugh them out of the House of -Assembly at the next Election. I see a great difference between a Court of escheat and escheating the lands. I have ever been opposed

to the extreme measures hitherto advocated by the Hon. |

Member, Mr. Cooper, and I still consider the agitation which has been going on for many years, a misfortune to the coun- try, as no good could result from it. Stili, Mr. Chairman, I am in favor ofa Court of Escheat. I consicer that we are as much entitled to it as the people of Canada, New Bruus-

wick or Nova Scotia, all of which Colonies have it as part ofl have seen since, that I did ‘not support the Hon. Col.! the couutr - Col. | utry

their institutions. And, Sir, [ think there isa greater reason for it in this Island, as we know that by grants improvi- dently issued, the whele Island was granted in one day. Although the British Government may refuse to allow us tie Court, and the lapse of time since the date of the original grants, now some 80 years, may be considered as a confi- gnation of the title of the grantees, I will advocate the Court, pd [ should wish to see a majority of this House in fayor of

tions. About East Point there is a little interest felt in it. every siznature subscribed to the different petitions to be o i . « 9 res . 1 7. . > ia i

It has been discus ed for the last 20 years, and I would like that of a bona fide elector, although there are many names

to know what good has resulted from the agitation of it’) yyitten by the same hand, yet waiting that objection, and

ilthough he was pledged to advocate no measure which did

eacr

>

stand ! ‘ ° 2 referred thos titi : . "1 6

Island! and are we to be referred to those petitions a8 / 114 not contrary to law either in themselves, or void for un- certainty or deception, or unjust as injurious to the rights and interests of third persons (e). In these cases the King

se yery petitions have been got up by a few agitators,

thy

unsettle the minds of the people and throw every thing into

ing held in the Hon. Member,Mr. Whelan’s, district. At that

six or seven, went against escheat, and though it is true some had put their names to the petitions before the House, |

. . > + . . when they were made acquainted with the true state of the | jects, than to treat us as aliens. It is thefPour duty to com- case, they were sorry aud ashamed for what they had been | plain, and if we are unanimous, we shall obtain what we

induced to do. Soit would be ‘in other parts of the Island, |... oa ie ; ~~? | ask if the erg had the true state and position of the question |

fairly laid before them. The Hon. Member, Mr. M-Intosh, |

i

seems to think that the present Government, beeause it is|said in this discussion, and the remarks | am about to offer liberal, ought to have gone for Escheat. I can tell him, Mr. | will not, I fear, meet the approval of either party, as ‘they! Yhaoir +if ne ve : hew wnt . . . ce 7 . -

Chairman, that if they had done-so, they wouldnot have|haye taken sides on this question. Sir, the first time on |

been in @ position to have carried the beneficial measures | they have, but they would be in a position similar to that of | the Lion. Member, Mr. Cooper, after his unsuccessful agita- | tion. -I shall vote against the resolution in toto, and I will | give my support to the Government in measures calculated | to improve the settlement of the country, such as the Land | Purchase Bill.

Hon. Mr. Montcouery.—I must say, Mr Chairman, that |

aughing as} tax

lief. To shew that the hon. member (Mr. Wightman) should go for Escheat, after admitting that the grants were made improvidently, f will read what will, I think, convince him that he ought to support a Court of Escheat as a consti-

roneral pledge not to oppose the Government. Allowing chapter of Chitty on prerogatives :— . ‘ a we

they will find to be a somewhat heavy burden, which is not without its influence upon them now—the contemplated

: t . rk newer ee fore | te ir rent rollis another step in the same progres- lands on better terms when once Responsible Goverpment| ostablishwent of a covrt of Escheat has never been be fore | tax upon their rent ro I prog

sion which if continued will ultimately induce the best and fairest, and indeed only practicable mode of escheat namely,

hy the tenants paying a reasonable sum for the purchase of| ©

—Iido not go for taking the lands from the As I said before, I think the time for doing so and if I agree to purchase a piece of land from

their farms, proprietors. has passed,

any man, I t ; he has a title recognized by the laws of the Country. As to

the observations which have been made on the subject of the investigation of the title to the Worrel Estate previous- ly to its being purchased by the Government under the Land purehase Bill, the fifth section of that Act requires that the Government shall cause such investigation to be made before they shall purchase any lands under the Act. This, Mr. Chairman, | consider has been done by the law adviser of the Crown, the Hon. Attorney General, and I should think that the opinion of a gentleman holding the high position which he dues, ought to be sufficient to satisfy the people of the Colony that a proper investigation has been made, and that the titles of the Proprietors are good. All the different Deeds and Documents affecting the property were submitted to him, and there is on the Table of the Roane his opinion, which should, I think satisfy Hon. Members as to the mode in which the Go-

have no right to ask him how he received it, ed

agitation on the subject of Escheat. Voting it down this evening will be so far from settling it, that a refusal wily only pave the way for subsequent applications, to be re uotil at length the House concedes it. Mr, Chairman, if] / yoted with a view to a final settlement of the question, T should have to give my support to the resclution, and gay that nothing but the Ccurt in operation would settle the matter. And when the first case which might be submitteg to the decision of that Court, as being a competent tri should be thoroughly argued and discussed, and fairly decided —and. then if Jegal objections were taken to that decisj and it should be carried to the House of Lords as the hj est court of appeal, and there receive its quietus—then I would say that every man should bow with respectful submission to the final settlement of the question. 1 look for a stro agitation next year, and I oppose it, as I said before, for ‘the reasons which actuated me on previous occasions, on which my vote has been recorded against escheat, although I agree with the opinions of a former Attorney and §So- ‘licitor General, as quoted by the hon. member, Mr, Cooper, ‘that it is quite competent for the Government to constitute ‘a Court without an Act of the Legislature. Still, My, Chairman, I consider this question is one which it is inexpe- dient to moot at the present time. The non-compliance with | the conditions in the original grants has been the subject of indulgences fiom time to time, and he to whom the lands ‘were forfeitable might have granted them cr not as he pleas ‘ed to A. or B., to any person here or in England, in small lots or in one large grant to a single individual or to several, While such was the undoubted prerogative of the Crown, and while it chose to exercise it, by remitting some of the con- ditions,and by extending the period of settlement, thete surely is sufficient grounds to warrant the grantees and their suc-+ cessors in saying and feeling that it would be a hardship and injustice to escheat the lands. I, Sir, will oppose this reso- lution, as I believe the introduction of such a Court would? produce such agitation grd turmoil as we have never in the worst of times experienced. I believe irreparable misehieig would arise.” Those opinions influenced my opposition tweaty years ago, and now there is greater reason to maintain those opinions, and offer to the resolution a more vigorous and de- cided opposition, because there is now more danger of escheat than there was twenty years ago. The system of Government which was in force at that time, was such that they could not have demanded escheat with any success. But, Mr, Chairman, such is not the case at present. If this Act pass-

vernment acted in the purchase of the Estate. When Petitions come before this House, it is our duty to take them into our) consideration. It is true we have on this subject petitions | from various parts of this [sland. These petitions | shall treat with all respect, and so 1 know will all Hon. Membets in this House ; but we have to decide whether we will encourage the Hom Member, Mr. Cooper, in his endeavours to carry out the views of those who have signed these petitions. Hoping that the question will be disposed of, one way or the other to night, I shall support the views of the Hon, Colonial Secretary.

Mr. McInrosu.—Mr. Chairman, the hon. member who has just sat down, has spoken as if he hardly knew his own

of evils, are those most apt to look out for the modes of re-

“The séire facias to repeal or revoke unfounded or im- ‘

; a on al . ° t ; ; 7 provident grants of the Crown (d), is another prerogative | ed by many as a great boon—it would cause great Joss and ie Bis 4h . Cady" : : ; ; ga ¢ What benefit did the people gain from the mission to England | supposing them all to be peeier: we ee oy a — process which requires consideration. The King is, generally | irremediable inne many individuals Lends have boil o fi ‘scheat, about 1-13th par he elector - : . cael 2s r i a aaa t A : : + a» i for Escheat, abou sth part of the electors of the speaking, bound by his grants; but this is only when they | purchased for valuable considerations, have descended to chil--

‘ure regio, for the advancement of justice and right, may

No greater injury could be inflicted upon us, as British sub-

Hon. Mr. Patmer.—Mr. Chairman, a, great deal has been

° - . ne . i. | which I publicly expressed my opinions on this question of Escheat, was avout twenty years ago, and my opinion was | opposed to that of the hon., and I may now say, venerable |

} j

member, Mr. Cooper. That hon. member then advocated the |

establishment of the Court as he does this evening. My.

reasons for considering the measure objectionable, were the | same as [ now entertain. There were many grounds of op- |

's vali h ve become lay, then there is no power ina colonial min-

: mt ja ‘case, 1 may be told that the party in possession has his re- repeal his own grant (f). As if the King grant what by law! , ; af ra . he is restrained from granting (g), or the grant be obtained meeting. | have been informed, tuat all but a few, say some | by fraud or a false suggestion (/).”

am haitaior. . C1 recollect actehs, be aos bin Restaloetion on | day for Escheat had gone by. 1 argued then that the linds < é a ; . iy . ° ° ° ,

| the ground that he was in favor of Escheat. I know that he | had been settled, and in many instances transmitted from |

| was a strong supporter of the Hon. Member, Mr. Cooper, in father to son, and various other transfers of the properties

\this matter, for if they feel themselves responsible for the

es—if the resolution before the committee this night shall

have received the sanction of the majority of this House, and

ister to prevent its going into operation. It must, after passing this House, receive the sanction of the Legislative Couacil,and then meet the approval of the Lieutenant Governor. Now, Mr. Chairman, I ask what colonial minister, after the conces- sion of Responsible Government, would dare to say that he would not allow a bill backed up by the approval, and receiv. ing the sanctions I have mentioned, to pass into operation ? For this reason, Sir, I feel it necessary to offer a more stren- uous opposition than I have on previous occasicns felt myself ealled upon to manifest. For once establish this Court, and who can tell me the result? The expectations of the tenantry throughout the Island have been jong excited, and whera now, Sir, will be found impartial Sheriiis under the bill you passed the other day? Where will you now find © Sheriffs of impartial and unbiassed opinions? Pass this ~ resolution, and then you will have agitation not at the Hist Point or Morrell alone,but it will extend and agitate the coun- = try from one end to the other. I have never said that it was impossible to obtain Hscheat-on legal and constitatignal grounds, but while it might and doubtless would be consider-

dren,—large improvements have been made,—mills and other valuable buildings have been erected ; and are properties such as these to be escheated at this day? If such should be the

medy against-the individual from whom he derives title on the covenant for quiet enjoyment. What remedy is that? Where is a mar’ to look for a proprietor? Many of them are dead, and the only reference in their cases is to be fuund in the inseriptions on the tombstones of those over whose re- mains such memorials may have been erected. If we wish "3 to consult the peace and well being of the community, we should not set in motion an engine fraught with the mischief this measure would produce. It might have been tried as an experiment years ago, but it is no lenger safe to tamper with it now under the present system of Government. if the Court be once established, and even only one Township should be escheated—the Legislature cannot then interpose and stop its further action, and undo what they had done, thougi every member might be anxious to do so — the people gene- rally would insist on the machinery being kept going, and the House dare net, if it would, interpose to prevent it. And, : Mr. Chairman, I warn hon. members to consider what they - are about to do, if they carry the resolution. And much as

+

eee eee oe ae ee

I differ with the members of the present Government, I think | they have done their duty by taking the stand they have in ~

| misleading the people, he, (Mr. Clark,) must have been hable to the same imputation. I do not agree with the Hon. } Member in the opinion that the-fifth section of the Land | Purchase Bill established a Court of Enquiry. As 1 read the

Bill, it merely enables the Government to examine the titles | of any particular property which may be offered to them for

‘sale. Afid, Mr. Chairman, it is idle to say that the agitation

|of this question arose in Charlottetown; it is notorious to | every one that the country at large has been agitating it for | a : cS oOo ‘i 5

\the last twenty years, and if [ do not nistake, the great | Liberal Reform Association had it brought under their notice. As to the remarks the Ifon. Member, Mr. Clark, has offered ia explanation of the cireulatign of the handbill, alll can say lis, that what he has stated is to my mind, as I think i; will | be to others, quite sufficient proof that he did circulate it : 'and whether Mr. Owen was or was nqt- an elector, it makes no difference ; it is well known he was a warm political partizan.

Mr Cuark.—I[ deny, Mr. Chairman, that I ever was an escneator, as the Hon. Member, Mr. Montgomery, bas stated. My father was, however, a very warm advocate of escheat, and thefonly difference that ever arose between him and my- self was on that question. I do not deny that I may have taken an active part from the year 1832 to 1842, but [ was not elected till 1846, and for some time before that the escheat party was considered dead. There was no talk of escheat when I came to the house in 1846. And { can tell the Hon. Member that the majority of my constitaents are opposed to escheat and that the publie mind in Prince County is not enlisted in its favour. I stated at my election

had taken place. If that was my opinion twenty ‘years | since, it is not likely that I shall vote in favor of the hon. | member’s (Mr. Cooper’s) resolution. But while I do not, support that resolution, I wish it to be clearly understood | that Ido not oppose it for the reasons -which have been | assigned by hon. mewbers who have spoken against it. I shall take but a short time to shew the difference. In the first place, Sir, Ido not think that there is any weight in the argument, that because it has been hitherto refused we should cease our exertions to obtain it. IT shall never pay such servile respect to the despatch of a Colonial Minister, nor will I submit with blind and uncomplaining submission to the continuance of what I may consider to be a general grievance, merely because a Colonial Minister may choose to write a hurried despatch disapproving of my views. One man is in oilice, as Colonial Secretary to-day, God knews who may hold that office to-morrow. "It is no principle to go oa, and if'a hundred despatehes from a hundred different Colonial Ministers could be cited, all condemning a Court of Escheat as being unconstitutional, 1 should give my vote for the Court, if I thought it was a constitutional right. A

Government. (Hear, hear.) Hon. members may ery hear

peace of society in the Colony, they are bound to oppose a Court of Escheat, even at the rick of being turned out of the

hear, but I can tell them that in the present state of publie opinion on this subject, should pablic opinion be generally aroused. they may find themselves ina position very different ‘from the present one. But now while they are acting om | their idea of constitutional duty, tacy mest not fear to face public opinion, eycu if by so doing they should lose the (o-

, Yernment, which I consider it is very likely they will.

Hon Cou Treasurer.—Mr Chairman, a great deal has be: said during the progress of this discussion, and I shell not pro- tract the sitting of the Committee by any lengthy observe’ > of ny own. The allusions that have been made as to mer ors of the Government having excited in the minds of the peop © hopes of obtaining Excheat, are, | believe, without foundstion. ‘Jn fact, for myself, I know that at the first political mee. pg | which ! cver attended, in the year 1837, I expressly stated that | I was opposed to Nscheat, and I have always, from that time to \the present, considered and declared my opinion that it wes impracticable. It has been stated that the question was agi- tated in the partial elections in 185], and also at the last gene- ral election, agd the inference is sought to be drawn that the

¥

”“

despatch is not and cannot be the law of the Colony, and if | members returned gained their elections by inducing the people I thought it necessary, Mr, Chairman, that the Court should to believe that they would go for Escheat. | deny those state- be established, believe me, I should be but little dismayed Meats; and { know that at the Saint Eleanor’s meeting, during by the refusal of a Colonial Minister. I, Sir, would never | the last general election, the question was not mooted, and in the

submit to such dictation, but would take my position on the. partial election of 1851 it was not made a test. In that year higher grounds of my right as a British freeman. These | ‘2® lion Col Secretary and myself attended a very numerous S "’ meeting at Tignish. At that meeting there were 700 people

that L would not promise to go for escheat and I was elected | 9°¢ 20t the reasons of my opposition, nor do I oppose on

for the reason that I was a supporter of the Liberal Goyern- | the grounds mentioned by the Hon. Col. Secretary, even if I ment. _ | Were satistied of the truth of the assertion, of which I a

; : m

lion. Mr. Montcomeny.—I repeat, Mr. Chairman, that the | not, namely, that the petitions on the subject originated in

Hon. Member was a warm supporter of escheat and I wo 8. recall to’ his recollection the ma he went to Brackley Point | Ce ane mt re nares i je eet ee to do all he could against the present Hon. Col. Secretary. | siderod.-ap oom raying the expression -of the opinions and

Mr. Crark.—I deny, Mr. Chairman, that! was an escheat- |” ishes of the people generally. Hxperienee, Mr. Chairman, PB ee to which the Hon. Member has alluded, 288 shewn that some of the most important measures that 3 a 8 ae ren wasa quarrel between Mr. Pope and the ¢Ver passed this House originated from petitions which em- ; wieutenant Governor, and sorry enough I am from what /|anated from Charlottetown, and {rom thence sent throughout

Secretary at that time. ition ff i ‘Hon. Mr. Wicurxay.—Mr. Chairman, this is certainly a has en Lome diewleviow af thy: House ae

a ee ones has been so fully and ably spat. a “ none i lead hth ie Se ae ee ‘ttle left for me to say,—but it A aarp, ine night, at the time, have been sai eismmed te eal ae ama cannot teel myself ote oe the expression of public Opinion, yet it came hes beew exitaea4 ie. We ali know, Sir, that it} %4cx to Charlotictown, was preseuted, aud produced the de- 1837 and 183 ed tor &@ great many years. In the years |sired effect of dissolving the House. Nor do I oppose the Fand 1638 the Hon. Member, Mr. Cooper brought his | resolution, believi sis aahetices il . ila ‘olution, believing that its rejection will fimalty settle the

, north, east, south end west. I would instance |

present, and the hon member (Mr Perry) heard the Hon Col Secretary ask the people if they had ever known him or myself promise to give our support to a Courtof Escheat. ‘The peopit answered inthe negative. That, [ think, is a sufficient proof that the insinuations against the Government are unfounded.

It is my intention, Mr Chairman, to oppose the resolution of the” hon member (Mr Cooper), notwithstanding his assertion thst Governor Fanning had received the Imperial sanction to ‘be? establishment of a Court of Escheat, and had destroyed document. I trust he will pardon me if I refuse my credence '@ that statement, as long as nothing more than his unsuppor! assertion is adduced in support of H. ‘The hon member (2! McIntosh) seems to find matter of congratulation in the fee! which he assumes, that the agitation of this question ba® reduced the price of lands from four pounds to ten shillings pet - acre. Now Sir, this, | contend, has a bad tendency, as it woul have the effect of reducing the value of property, and no mam will settle and introduce capital into the country if his property is no: protected. j

—_—

(To be continued.) if