4 A\.

~- -~ - esscvnnniao ‘p."a.'ing"or_

|'..§

-~--modeof

its being

HASZARD’S

GAZETTE. MARCH 2.’

for such rent or sum claimed, or his or their agent shall reviously thereto make and sub- scribe an vit in the form resoribed in the schedule to this Act marked A.), in the pre- seu‘ce of, laid before the Clerk of the Co.i;r‘t‘ out 0“ ,. ' . , In lease in’ nlm1 whlwuy bin «:5 |_>y_ ‘anditsh he lasupbmt t

intil'or’pl.eintifi, ' l

ca t its, is the tria tliereo ve ovi- deuce be tr?‘ or correctness of dida- fit; if it s appear ht the materlul Axum t cysts are incorrect or untrue, it shall belawful for the Court before when the same shall be heard, and it is hereby required, give judgment of non-suit against the plaintil or plaintifi. with payment ofths defendant's costs, sustained by reason thereof." p.“ 00 liisf Act the Smfsll or weruo to suits or rent as er us |ii_oidl 'dsbt!,x:l) distinction being known to exist under any revious smtute, and the auuiglusws astbemrm ‘ ’ " Courts, was by ueive coerceive museum tht auldbsedopted r the recovery of no and, consequently the most sdvanta us the tsfint. And your Memorialists ssni the pro- Hbidon to obtain a summons, unless property can be proved not to have been on the premises, by search made at some time within seven days previous to the day of applimtion, including that day, is altogether a iece of class legisla- tion, ulculatsd to alle undue favor to the tsnantry and also to interfere with a covenant us combined in leases in this colony, where it is provided, that if the rent reserved by no leases shall be unpaid for a ccrmin number of days after the time up inted for the payment thereof, it shall be wful for the andlord “either to sun or distrain for the unis.”

And the 52d section of the said Act roliibits actions from being brou ht in the upreme Court for sums under £1 , though sums here- tofore as low as £5 were reoove therein.

Andes lands are usually held in rcels of from 50 to 100 acres, and genera y but a small portion of each parcel is either enclosed or cleared, greet facilities are alfiirded for dri- ving cattle into the woods and thus evading a distress whenever the disposition exists; and the dificulty, if not the actual impossibility, in iuaaiy cases of obmining suilicient roof to justsfywthe oath required by the Small ebt Act, must obvious to every person acquainted with the ooun .

That in the preceding portion of the eighth section of the Act, whence the foregoing extract is taken, appears the following statement, name- I thy an Act passed in the 14th year of

c reign of Her present Majesty Queen Victo- ria, intituled “ An Act to regulate the costs of distress levied for yinent of rent, and to amend the laws, reatin to distress,” such laws lis.ve been so re ula as to afiord addition- al security, both to ndlord and tenant, in all p. ' thereunder; and by the law relat-

g to sue distresses, dlords are restrained from selling property taken by them as distress, mve and except at certain specified periods of the r,

tyour emorialists den that an ter seouri is alforded to landlo s by the igliiiea Act re red to; for the rohibition from sellin stock distrained, except tween the months 0

under an suscution from such much the leaatex

of a warrant, under the very slight rospect of success: for between the months 0 June and November cattle are generally suhred to room at large over the unenclosed parts of the country, and hence arises a difloul either in seizing or identifying them: and if istrained during the winter months, a bond is usually given by the tenant, b which the ordinar time of sale is tfined by the slnlmts, an the consequence is, t t frequently it is ultimately evaded; althou h stock i known to bring as high a ice urin the months of March, A ril and sy, as during any other months in t e year, art in men it is impossible to find a market within five miles of the premises where- on the distress is levied,and the law prohibits removed to a ester distance, with- out the consent of the tenant, though it is on] in towns and populous neighbourhoods that bi - ders of stock can be obtained.

That the discretionary power assumed by the Legislature, in ssin a Bill of so much im- portanos as the mall ebt Act withouta clause suspending] its operation until Her Majesty's pleasure creon be made known, is, in the o inion of your Memorialists, at variance with tge 11th section of the Royzl Instructions, as transmitted to Sir John Col me, for the id- auoe of the Governor or Llcut. Governor 0 this Oolony, for the time bein , and dated at Wind- sor the 13th December, 1 38.

ersforc, your Memo:-ialists humbly prey that you will be pleased to end Her Majesty to dimllow both the Acts mentioned in the preceding Memorial: the Education Bill, because it is o posed to the principles of fair rational texa on; and the mall Debt Act, because it excludes your Meiuorislists from an ordins remedy at law hi which, in common with ot or classes of Her Majes ’s subjects, they hold themselves justly entltl to, .

And your Mcmoriallsts will ever pray,

I

T. H. Hasvniuiro, Pro etor of Lot 56, and parts

of ts 8, 40 and 43. Davm Brswaur, Proprietor of Lots 7, 10, 12, Iseunox Island, Lot 47, and rt of Lot by Bruce

tswart his Attorne

Datum M‘Doni.u, Pro riegr of j of flit 36 and o . Jim B. Ooxaor,Il;op;ietor of § Lot 26, parts 38

P. Brawn-r, for the Assl cos of his Estate. wp. lioness, Agent for lllam Hod Win- ‘ slow, Proprietp; of ownships

Nos, and . "J.R.BrIlI, for self and others Proprietors of ' Townshi o. 46, and Q ownship 0.48. ‘ B. B.9rxwaar,Pro rietor ofhot 30,and of part c t . I ,it.i>.i>. Prorlto r c t J” P:owilships:Nli. 3.3.35 ii _ , tor o to o ' J M "' .i:‘.'..... or '"-“'1' ‘ .)t*Doinrai.t., Proprietor or P“/t of Lot 35.

, to flat 1.

I, ~j ‘{3}, ‘E-E,° lstor or'£'.‘3..'3:°x.... as. Ill .

fl . ' ,heehold ,f fhotfld. od...""’?-an. ow-'5-°o I-la on p-not p ' 4 Nos. 65 misc. o""““’§".2.‘?.'B. no."':“'

HOUSE 017' ASBIIILY.

House in Cosiiuiuss on the Extension 4 tlu Elsctb

Franchise Bi'll—Hon. J. Jaralius in the cllainx.

uinav, Feb. )5. t»

'l'.,L0lIworl'l characlerhsdfib» Bill as see ' g tln pro- '« of Olalinlg . t

buy lou ‘ |i.‘llpinimi cun- csrning II. and the recur ing of his vote ugainsl it, he would offer it no other opposition. With respect to

operation the measure, iliva souatry generally, it would have the ulfsct of giv cg’ u suprel has to men w‘ party over those who pos-

7 _ _ P"° |0|!0¢.l its set. is ‘ . a due prepeudsrauoe inlolhe heads of domestic servants.

Hon. Mr. PALIIII took his. insttho Bill on the ground that it would give s pxicsl ascend- ancy to men deslilute of properly over those wboEs-

it. He that more could h‘e no s'y‘riipa“-" thy, on many bls occasions. on the part of ihe format with the laiisr-of the espropsmsd with ihe propsrtied classes: as would, for indaocu, in all like. ihood be seen, he said. if the ' ,—when it should become necessary to make a further provision. by increased taxation. for e support as education system. Then, he apprehended. the uls- properlicd classes, be’ a majority of the electors, would vote for no csullldatas but those who would pledge themselves thal any increase of taxation should not ll ripen them, but upon the opsrllsd portion of the community. He was h’: from arguing or ' that tbeamsaet, sis of a mau‘sinle1|i- gence, or of his honesty and independence, was to be satin by the amount of his worldl goods, or the sx_tsut of his worldl ' us; but he mailaiusd, wilboul fear of contradiction, that llio man of no properly could not, in cases of taxation of pro- ps ted to have any sympathy with lbs poesessere o property. in conclusion. he said.be would give the Bill is best consideration, with a view to making it a more uilablc measure than it then u poured to be; prov’ ed the or’ inalors of the measure would agree to a registration o voters, which could veryueaaily be ctectcd; and without which lbsrc could be I. vsr feeble guarantees adbrdsd for the honest working the measure: but if they refused lo accede to that proposal, he would interfere no further wiyli the measure, and merely record his vote against it. . M_r. Haviuasrn opposed the Bill. His chief ob- jection lo the measure appeared to be, that it would put strangers upon an equal political footing with natives He confessed that he was, and always had been, so narrow-minded as to desire loses the control of our public affairs placed in the hands of men who wees natives of the soil. lle ughl it was very un- just indeed that men, who in’ bi be compared to mi- ‘rds, men who mere y came to try the coun- lry, should, alter a brief residence, have extended to them the ssnis rivilcgss as those e "eyed by natives. He would not a jecl to such men rliaving a passing ‘ power with respect to lbs uisrs passing measures of the day, iflo such measures it could be confined; but what heo posed was their havi a power lo influ- ence legis alien, which might not only bind the pre- ssul generation of natives, but materially affect the interests of lhsir lntssl posterity. Strangers could not become fully acquainted with the state of the people. lbs resources of l Colon , the dependence of one class upon another. or, in act, any of our social rela- tions, unless after having been resident in the Island for a period of four or live years, at the least; and, until then, no stranger should be permitted to have a voice in our Island islalion, or any share in the management of public affairs. Such a privilege was not extended to strangers in any other portion of the British domiuions—no, nor at any where else.

Mr. Mooirur ridiculed Longworih‘s dread of the _evils which he fancied would result from the ex- tension of the elective franchise to domestic servants; and earnestly declared his own opinion that there was not, in any community, a more eslimabls member, than a faithful domestic servant. nor one more worthy ofunjoying the esteem and c sues ofa maslor, or butter entitled to the full and fruu usurob of all I r' his and privileges of a flwsmau. Chain up u rims- ti . said the hon. member, and he will become fierce, can u, and dangerous; but feed him well, and let him ave his liberty, and he will not only be inoffen- sive, but seek to be your faithful companion, your guardian, and your friend. So. in lilt manner, when men are treated like dogs, chained, kcnuellsd. and abused, they can inspire their opprsssors with no feelings but those of dread and alarm. But let those who have held them in bondage, strike oil‘ their shackles, and clsvulu them to the position of frecmen

' s themselves; and lhsy, at once, become their brethren, and ma be securely depended upon as the upholders and defenders, lo the last extremity, of law and order, and of every lhing which tends to promote the common weal.

Mr. Mooney also indulged in a little play- ful sarcasm, al ihe expense of the hon. and learned member for Gees clown, Mr. Haviluud, on the score of what he called his nolicsism and obstruc- tive crotsllels. He said he could not help having a sort of liking for that you gentleman, on account of his sociability and ualur amenity of temper and disposition; but yet, no sooner did they touch, in de- bate, on any thin like liberalily and social progress, than that hes. a learned member became, all at once and altogether, rsetivs, morose, and impractica- ble. Ae a faithful representative of an obstructive borough. it could not. however, perhaps be expected that he should be ol srwie; and, on that account, therefore, be supposed they would have to bear with

in. Mr. Mooney than ceuoluded, by forcibly main- laining that the r' htsof a British subject were a part. of himself, and 8 this merely rumovin from one of the British empire to another, cosh! aflbrd no

just plea or pretext for his being divested of them.

Mr. Macaunau said there was one vsr serious and important objection to be made to the Bi , which had, as yet, been overlooked. e meant the uncon- svilutionality of the H ouss‘s entertaining it without the nnction of their constituencies. was a measure intended to slfect a very serious and im at inno- vation of the representative constitution of the Island; sad, with such measures, be apprehended the House had no constitutional power to deal, unless when called upon to do so b their csustitusats. it we besides, an innovation r which no precedent could be found, either in tin British domiulens.or any where aIaa——not even in democratic America. But. in fact, the object of the Bill was not the ublls benefit: it was nothing but an artifice for the sol‘ of a spe- rsliaiued

E’

E’.

cial purpose, as had already been said, use ' led

ic .

Hos. Mr. Cones repllsdgsnenllyl He maintained thsltbslaboring ad pr active , w pay taxes and discharge all the duties and obl tions of useful and hoaeeleifuens, are sltsas mac sulillud ' coustry, as their 0

lb. foo rle:.lsoumt l. in exsrc’us of an o rights‘ and privi gas of fresrnsu, than men of’ wealth, who either dld,_oy maht, aosideelally. stand towards them is the position In fact. believed the domestic servaal, with a salary at’ £10 a year, or £b0a year, w ' some received, was ollup quite as independent. in every poist of view, as to when; he stood in the relation of de sac. Asiowbslbadbsrsssid, by the hon. a learned uiutn admission

3'

‘I I ‘ etise‘Uleaseas,etbsr.~ so 3”“ .E.sssbpesis.d._'=ehh'lhres.faw,

,0 as sea proved by its rsiuaiaing uas

«HIM

be”'P'°

fail-000°

more than ‘i l I British subject should. on removing to this ‘ 3 any oil rt of llio llrilisll do- $ininns‘,_ afwp idsncu of eighteen xllllfiudfl llion priv"s' i freeman which 3 and actually W lo have enjoy

olhfilluru. A l% N0

tin of . nd l...‘l.... '...."2f:...'l‘lI7.'."."i'.. 5.2.: ' '

Iltll

I lrclb was, that the declaration all were alike without any '0 sure lied not been laroducsd, as s I once 4? , the close of the last Session of the House, forl s pur- pose of excluding certain members frotn the next. Has an l.buosutrary,"lt was filrly inlnficd the House had.ihr sessions before tliu ; pad. 5.. sides, alive the peoepdu have lied a fall, nzmeullyb

the insulin sols

.. ‘' . .. . lie. . 33‘, ad opposed IL‘ ltnlvfs a measure in svor of

the ca n of , laqrigbga, as that Hall the .~.£l§‘.’ d‘. m. hall wmculleos. culling eillier the people or their representatives, by nnuwofwbich the whole numbsrof'ulco!nrs‘1Itbs

would have been reduced lo about ilirse llam- asnd propertisd and privileged iudivldlluls. This Bill, on the contrary, pr an extension of the popular r‘ his, as would have the edict of making an addition 0 . perhaps, about u’ lthousaa to the num-

ber of eleclors llireughouilhe sland; an these might be individuals having no properly, a pt lhsir phy- calability and moral inclination to to no bones

subsistence r themselves and families. But this exlensiou of pvlvil e lo honest labour, would but slightly, if at all, diminish the legitimate influence of properly; and so ' it from beiug certain lhai the change will benefit those who. as a party now be mainly instrumental iu effecting it,-that at idle next general election it is not at all ltnprohblu that in seine instances it may work against them. As a legislator, however. he badnever been ' by party or indi- vidual views of ssndizeuieut: all be aimed at was the public good. u would, however, take leave to say that the purl now In power. short as lhsir reign had been, bad a ready done more for the people than all lhul had been sfecled for them, by lhsir oppo- nents, during lbs man years oflbsir supremacy; but still, much as they he done and were alrivi to do for the people, the gain to themselves individua ly was not very evident. one of them had been over- remuneratsd for ..‘..l. poblicssrvicss; and to some lhs discharge of public dnly lied been attended by any thing but gain. so for, however, was be from wishing to see the hon. members for Cheslolielewn excluded from the Assem- y, than none would more regret their absence tliun lie. Without these hon. members, there would appa- reully he no op llion at all; and the wlioluome and constitutional c ck lo I islulion would be wholly removed. Of one lhingfbowevsr, he fell prelly cer- tain, and that was, that, until those gentlemen adopt- ed more liberal and enlightened views of policy, they would, so long as lhsy continued members of the Assembly, never be found any where but in ‘a feeble

l obstruclivs ininori .

on. Mr. WIIILAII said he had intended to take

no part in the debate, because the principle of the Bill before the Committee had been so frequently dis- cumod in the present Semion, as well as in the last, as to leave ii almost impossible for un new a u- ments to be advanced or comballsd. he objections urged by lbs honorable gentlemen opposite. during the present discussion, were not new to the House, with llic exception, perhaps, of one observation which fell from the hon. and learned member for Geo s- town (Mr. Macaulay), which was to this efl'ecl—l at we should not pass the ' now before the Commit- tee, because our constituents are not known lo have expressed any decided opinion on the matter, nor to have given any instructions to their representatives in regard to it. This was certainly one objection for which he (Hon. Mr. Wbclsn) was not pro red. and e could not account for its use upon any ol or ground than a most melancholy poverty of argument which prevailed is the ‘hon. and learned gentleman's brain. 'l‘hs objection to which he had adverled, implied sub- scrvionc to c uuconstitulional sud uapasliamsaiary doctrine that the representatives of dis pls were not at i yto legislate fsooly apes eny_ questions afhctiiigi liriutereuls or their rights, without the consent of their constituencies lhereto had and obtain- . This doctrine would receive no countenance from him (Hon. Mr. W.). It would be perferlly just and reasonable for lbs people to obstruct the free action of their represunlatives, by dcgrudin lhem into the condition of delegalss, if the legislsl on of lbs latter should, at any lime, have a tendency to curtail public liberty; but, when the object of legislation was the very reverss—was, in short, the enlargement of the public liberty and the proleclion of public right, en it was ihe duty of ihe representatives ofllic peo- ple to act from the independent dictates of lhsir own judgment. llu (Hon. W.) had always enter- lulued lhll esumale of his duties and his responsibili- ties; and he had invsriabl acted up to ll, since he held a seal in thin llouse. at if it be wrong, as the honorable gsnllei-non opposite seemed to think it. was, to legislate upon a pub ic question without. asking llis advice of our conslilucnla, why does the hon. mem- ber for Georgetown invite the attention of the House to a much greater innovation on the established con- slitutiore of ihe country than was over yet proposed, when he knows that not one constituency in the country has expr an opinion on the mailer. llu (Hon. Mr. .) alluded to the favourite obstructive scheme of llllklu the Legislative Council an elective body—a ueslion with which the hon. member for Georgetown has now, for two years, been threatening the existence of the other Branch of the Legislature. The hon. member, in the fulncss of is distress, in- veighed against the Bill before :he Committee on uno- thor gro ad. There was no instance, he said. of any of the Colonies going solar, in extending the elective franchise; and not satisfied with looki lo the Colo-

mau’s historical knowledge was at fault, else he would not have rnadehis nhalleuge quite so general. Ho ought to have remembered, that. two hundred and tiny cars ago, when these Coloulsl were founded by the lisb, from which lbs present Unllsd States have sprung, the privilege of election was granted to all men alike. All h so great a s of time has elapsed since the planting of those oloniss,slill their lerii riesd not be ashamed to look‘ back to their blustery or come valuable lessons in political science: and ii is remarkable I 1 their descendants have largely benefited by their wisdom; for rnanyof the ' ' ' the new republican Slates are based upon the early charters. Popular sufiuge, under these charters, was allowed to the fullest usual. Un-g

I say that lhe rivilsgs was ever abused or ,lhal the party of I s State was endangered. It wild in we go to the United sum. or to the early nglisli Colonies. when, in lbbslsjlr Province of Nova scolis. that the franchise has-been enjoyed without a lilgbsr qualification tbs: ilie lfill before the Commit-

lo sen bsuetub member for Oliarlouetuwu (Is. wsrlh) de ' is the beads efeervsuls