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A WEEKLY JOURNAL OF POLITICS, LITERATURE AND NEWS.

Tar PS OT

EDWARD WHELAN]

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Chis is true Liberty, when Free~born ftlen, having to advise the Public, may speak free.——evrrprpes.

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PRINCE EDWARD ISLAND,

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MONDAY, APRIL 16, 1855.

[EDITOR axp PUBLISHER

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Colonial Legislature.

Tuurspay, March 29. COURT OF ESCIIEAT. (Continued from our last.)

o the report ef the hon. member, submitted to the House on

his return from his second mission to England, which is as| C j | Government, having reviewed the whole progress of the dis-

follows :-—

| “From the opinions I had entertained for the settlement |

L shall now, Sir, request the attention of the committee |

; ee a . 1542. I think that expresses the decision, not of the then | Colonis.1 Minister, but of the British Government, and | re-

quest hon. members to observe that it expressly mentions the

‘determination of Her Majesty’s Government. That despatch s as follows :—

“ Downing Strect, 25th June, 1841.

of the 5th May last. “T have to acquaint you, in answer, that Her Majesty’s

cussion regarding the tenure of land, have arrived at the

aka Bt of the Land Question, that a settlement could not be made | !0:lowing conclusions ;

without the sanction of the British or Colonial Legislature ; | and as Ministers were not inclined to submit the question to | the Lwperial Parliament, nor to give any answer to a Dele-| cate from the House of Assembly of Prince Edward Island, | it appeared to me that the views of Her Majesty’s Govern- | ment, communicated to the Lieutenant Governor “ through | the regular channel of official correspondence with that | oficer,” would, in all probability, convey sufficient instrue- tion to enable the House of Assembly to legislate for the sottlement of the people, with some confidence that their measures would meet the views of the other branches of the | Legistature ; and, as it was not jikely that I would receive | any further instruction from the Llouse of Assembly until | the end of the Sossion, I therefore deemed it proper to re-| turn to the Island.

« Before I left London, [ applied to Counsel for advice on | hehalf of the Tenantry, on the plea of the forfeiture of Grants and Reserves for the fishery ; but the Counsel de- clined to give an opinion, as I had not the laws of the Island with me, to enable him to see whether or not any of the Colonial Statutes went to confirm the Grants, or the purchase of them by other persons.

“also applied to Joseph Hume, Esq., M. P., to enter into arrangements with that gentleman for bringing the erievances of the Coleny before Parliament, and delivered to him conics of the ecorr< spond nee that had passed between | me and the Colonial Office: and he, on the perusal of the correspondence, frankly declared his willingness to do ail that laid in his power for the settiement of the Colony, and was pleased to add, by way of advice and instruction—it appeared to him, the oppression of Tenantry, by persons who had not perfo:med any of the conditions of the Grants, was a ques- tion at law, which would ultimately be given in favour of the Tenantry ; if not in the Island, it would, if the suits were eirrie] io the Courts in’ England, as he could not see how the Crown, who was the Trustee for the people, and the judge sworn to aaminister impartial! justice between subject and sub- ject, could refuse to vut the law in force against the proprie- tors, to forfeit the land, and deliver the tenantry from a bondage which originated from a neglect of the Crown Ofii- cers to perform their duty—that for the Courts of the Island to take advantage of such neglect, which compelled British saljects to submit to bondage, and then by law to compel them to perform any obligations the proprietors had exacted, appeared a ense of such iniquity, that he (Mr. Hume) had not beard of the like being sanctioned by the British Go- vernment.

“1 statel that the tenantry were too poor to goto Jaw with the proprietors — that it was equally as impossible for the tenantry to obtain justice by law as it was for them to

ay the rent. Mr. [ume said, ** then your House of Assem- bly should address your Governor, aud inquire for the In- structions the Minister has sent; and if they will not afford redress, inquire whether any Court in the Island will take engnizance of the non-performasce of the conditions of the| Grants, to forfeit the land and relieve the tenantry; and il | you do not obtain a satisfactory answer from your Gover- nor, the House of Assembly should examine the officers of your Courts of Justice (if you have any), and inquire by what authority they are prevented from enforcing the for- feiture of the Grants against the proprietors; and if they are prevented, inquire in like manner by what Jaw or au- thority they can reconcile it with justice to compel the ten- antry to submit to the demands and exactions of the proprie- tors; and if yon find, upon such examinations, that your Cour‘s will not afford relief to the tenantry, and that your Council will not agree to an Act for the settlement of the people, it would be proper for your House of Assembly to examine several of the proprietors, as to whether they are the grantees, or hold their right by purchase or inheritance —the terms on which the tenantry hold of them—the rents received, and in arrears; and also examine a portion of the tenantry as to the treatment they have received,

+ 6 ‘report of sach examinations, as your House of Assem- Lly may think necessary, in support of the charges they in- tend to prefer, and a list of the Documents forwarded to the Colonial Office, from the earliest periods, for redress of those grievances; and also, a list of the despatches in answer to such applications, together with a petition to the British Parliament, will be sufficient for me to bring the matter be- fore Parliament.”

«“ Tn case the House of Assembly should not be disposed to follow the foregoing recommendations, or, if it is followed, and, through any utmost event, prove unsuccessful, there has been another plan suggested to me for redress of our griev-

anee2 ances.

“ Several gentlemen, with whom I have conversed on the subject, are of opinion that the delay of Ministers to redress our grievanees, has for its object to induce the people of this Islan i to seek for annexation to Nova Scotia; and the dele- gates from that province, whom I met in Londcn, and several influential gentlemen of their House of Assembly, whom I afterwards net in Halifax, declared that if the people of the Island were inclined to be annexed to Nova Scotia, they would do every thing in their powér to have the inhabitants comfortably settled, and that the Island would be allowed a full share of representation, in proportion to the extent of | territory and population—all which is respectfully submit- tej,” ’

Well, Mr. Chairman, the hon. member having got the opinion of Mr. Hume, the House passed a resolution in 1841, | to the House of Commons, praying the grievances arising

“ Piest.—That the original terms of settlement were mi- practicable ; and that any escheat at the present day. on the ground of the failure to fulfil such conditions, would be unjust.

“ Secondly.—That Her Majesty's Government consider it right to state, that the Crown has not at its disposal any funds out of which the lands could be purchased by the

| Crown, to be afterwards sold or granted to the tenants.

“ Thirdly.—That the terms proposed by Mr. G. R. Young, or terms equivalent t6 those, seem to have been acceded to by the great majority of proprietors.

“ Fourthly.—That under these circumstances, the best course which Her Majesty can recommend is, that the As- sembly and Council should turn their attention to the im- provement of the resources, and the encouragement of the growing wealth of Prince Edward Island, and leave to the gradual operation of time the settlement of a question which offers no sound footing for direct legislation.

“Lastly.—lI have to state that Her Majesty is not dis- posed to blame any party for the mode ia which this discus- sion has been prosecuted ; but Her Majesty's anxiety for the welfare of the Province makes her desirous to see the termi- uation of a fruitless and irritating contest.

“T have the honor to be, Sir, &+. &e.,

“J, RUSSELL.” Now, Sir, I would ask what language can be more explicit ? It states that the question had been reviewed; now, who re- viewed it? Why, Her Majesty’s Government. And it further states that Her Majesty’s Government, after « having reviewed the whole progress of the discussion regarding the tenure of land, have arrived at the following conclusions :” and then proceeds to declare the conclusions; and we fiad there the positive and express declaration that it would be unjust to escheat the lands, on the grounds that the original conditions were not complied with, and alleging that those conditions were impracticable. And, Mr. Chairman, the endeavour of the hon. member to make it ajipear to the country that the Legislature had never given up the principle of Escheat, is as susceptible of refutation as his assertion that the British Government have never declared their opposition to it. Why, Sir, at the risk of being considered as oceupy- ing too much of the time of the Committee, by a reference to what is well known to many hon. members, I will direct their atteotion to the journals of 1843. In that year, when the Houge was in committee on a Bill introduced by the hon. the present Speaker, and generally known as the “ Squatter’s Bill,” the following amendment was moved, and by whom? by the hon. member himself! Here is the preamble of his amendment, as entered on the journals, and the record that he moved :—

“Mr. Cooper moved that the Bill be reeommitted, for the purpose of amending the same, by striking ont all after the word “ Whereas,” in the said Dill, and sebstituting the tol- lowing in lieu thereof :—

‘‘}ler Majesty’s Ministers have stated in their Despatches

that the conditions contained in the original grants were im- practicable, and that it would be unfair to deprive the pro- prietors of such grants of the land for the non-performance of such conditions; but as the proprietors have imposed con- ditions upon persons who have improved the land, which are so oppressive as to deprive such persons of the benefit of their improvements; it is, therefore, not only necessary, but just and equitable, that while the proprietors of such giants are allowed to retain the fee simple of the land so granted in its wilderness state, that persons who have cleared such land, and brought it into a state fit for cultivation at their own cost and Jabour, and have erected buildings thereon, should be secured in their improvements by a settlement upon the land.” : That amendment embodies the principle of the Tenant’s Compensation, of which the hon. member has chosen now to say he disapproves, and I contend, Mr. Chairman, that no man of common honesty and intelligence can view the extract I have just read in any other ligt than as a declaration by the hon. member himself, and of his party, that the question of Escheat was considered at that time finally settled. Al- though I think I have already adduced documents sufficient to shew the recorded declarations, not of Colonial Secretaries individually, but of the British Government not to grani escheat, I shall refer to the despatch of the present Earl of Derby, then Lord Stanley, and Secretary of the Colonies, dated the 14th July, 1842 :—

“Tu obedience to Her Majesty's commands, I have to ac- quaint you, for the information of the House of Assembly, that Her Majesty’s Executive Government must decline to interfere any further in the question in debate between the grantees of lands in Prince Edward Island and their ten- antry ; experience having sufliciently shewn, that no beneficial result is to be anticipated from any such interference.”

Then we find the announcement of the determination, not of Lord Stanley, but of Her Majesty’s Government. Now, Mr. Chairman, after so many decided expressions of the opinion of the Home Government, I put it to this House and to the hon. member himself, if it is not useless to agitate this ques- ‘tion further. He knows well what reception our previous applications have received, and let him consider for 4 moment who it is that now holds the seals of the Colonial Office ? Why, Sir, Lord John Russell, the man whose opinions I have read to you. Is it likely that the Government, of which he is a leading member, will consent at this day to grant a Court of Kscheat? That hon. member knows it is not; and I regret that the minds of the people are agitated on this

from the land question might be redressed. That House | question. Had it not been for parties exciting them, and

took no action on the petition, and the hon. member was 80 |

enraged with the Home Government, the proprictors and all !

holding cut false hopes, every thing would have gone on quictly, and the Land Purchase Bill, the Education Act, and

hands, that in his report, which I have just read, he was will-| the proposed Bill ior taxing the rent rolls of proprietors, ing to annex the Island to Nova Scotia. .(Laughter.) And, | would bave had the effect of inducing a reasonable and equit-

: Fat Mr. Chairman, 1 do not know what better answer to the|

assertion of the hon. member that we have ouly the opinion | of individuals who might be holding the seals of the Colonial | Office at the time, to shew in opposition to his views, and | that the British Government have not decided against the |

measure which is the subject of this evening's discussion, than |

abie settlement of the tenantry. I do not believe any mem- ber of the present majority is pledged to support the motion, and I am sorry my hon. collgague intends to vote for it. I lkhow that his constituents never asked him to do so. As to the petitions having muck influence on the minds of hon. members, | know how they have been got up. A few indi-

the despatch which 1 wil read to you from the journals of | viduals in Charlottetown prepare them and send them through

“ Sir,--I have to acknowledge the receipt of your despatch

es A hh A a LT —

the country, telling the people that they are to have free Jands, ‘The movers-in the matter know that the prayers of the petitions cannot be granted, and that Escheat is out of the question ; but they get up this excitement merely to up- set the present Government. The people sign the petitions without consideration, and in proof of the facility with which signatures can be obtained, I may mention to the Committee, as a fut, that the hon. member for Belfast (Mr. Douse), has uow from his constituents two lists of names, to put to any petitions he may please, and for or against any measure he chooses to support or oppose. But, Mr. Chairman, at the risk of being considered tedious, I will read from the pamphlet published by the hon. member, an extract from Lord Grey’s despatch to Sir Alexander Bannerman, in 1851 —the despatch commonly called the “ Bloody Despatch :”—

‘Without going into detail, it is sufficient for me here to remind you that repeated applications have been made, at different times, to Her Majesty’sGovernment, to consent to deprive the proprietors under the original grants of their estates, on the ground of their having escheated to the Crown by reason of the non-fulfilment of conditions. These applications have beea resisted on the grounds with which the correspondence between successive Secretaries of State and Lieutenant Governors of Prince Edward Island, especi- ally since the year 1832, will render you sufficiently familiar. it is only my purpose now to state that Her Majesty’s Go- vernment feel themselves bound to adhere to the decisions so repeatedly adopted by my predecessors in this matter, and to state that both on the grounds of justice to the landed pro- prietors, and of the permanent interests of the community of Prince Edward-Island, they regard such a measure as im- practicable. Nor on the other hand could they consent to entertain any measure, such as has occasionally been sug- gested, of buying up and extinguishing the rights of proprie- tors, or any portion of them, at the expense of the Imperial Treasury.

“The subsisting rights of parties cannot, therefore, be

justment; and while the law continues as at present, it is our duty to euforce obedience to it, by the firm exercise of the authority entrusted to you, and by the employment, if nevessiry, of the military force at your-command ; should any exeme case occur, you may even apply to Sir John

Harvey for an additional force to put down any attempt at resistance to the law.”

After such declarations, I would like to know if any hon.

member peally believes Uscheat practicable? Can it be sup-

posed that after those repeated decisions the British Govern-

ment will turn round and undo all it has previously done,

and take away from individuals the property, in many in-

stances purchased on the faith of those very decisions? No

man of proper judgment would serjvusly entertain the idea

for a sigle moment. The hon. member for Princetown

(Hon. Mr. Montgomery), who voted for the Bill in 1841, to

which I have referred, was’ in the House at the time the

Land Purchase Bill was passed, and he never said a word as

to the fifth section requiring Goyeroment to test the validity

of the original grants. ‘The Government, from the Bills

passed 1 this House on the subject of the land question,

were hound to adopt, as a rule, the legislative admission that

the question of Escheat was finally settle]. In taking the

course I have on this question, God knows I am uninfluenced

by any feeling in favour of the proprietors. Up to the pre-

sent time, L have received and braved their most determined

opposition, so that if I entertain any personal feeling to warp

my judgment, and give a bias to my action, it would be a! desire to do what lay in my power to injure them. But I) have no such feeling. It is but natural that the proprietors

should use all their influence against Jaws affecting their pro-

perties ; that is of course to be expected; and I hope that

the question will be disposed of to-night calinly and dispas-

sionately. It has been so theroughly sifted at the Colonial

Qfiice and in the Island, that the committee can close the

discussion to-night. Ihave ever been anxious to adopt all

practicable measures for the benefit of the tengntry, as the Bills L have introduced and the votes I have given will abun-

dantly prove; and I think that the Bill I proposed to bring in, compelling landlords to record their titles; will be a sub- stantial boon to the people. At present a tenant, afier tak- ing a lease, or purceasing the fee simple of his land from one person, representing himself as proprietor, finds that he has to pay it once or twice again to subsequent claimants. By that Bill the tenant will be able, by referring to the Re-| gistry OfSce, to ascertuin who is entitled to receive his money. Such measures as those are beneficial to the tenant, and can be obtained; while this question of Escheat is, to use the term of which the hon. member (Mr. Cooper) gave us the definition—a mere “ will o’ the wisp.” I shall not at pre- sent, Mr. Chairman, trouble the committee with any further remarks, but shall conclude by declaring my intention to vote in opposition to the hon. member.

Mr. Coorrer.—The despatches on which the hon. member has laid so much stress, are not of much weight now, since we have got Responsible Government. In the times when these despatches were sent out, they were framed in accord- ance with the despatches previously sent from the Colony, of which the people were not aware, When in England I could get no reply from the Colonial Office until a despatch had beea received from the Island, and, Mr. Chairman, I assert that that despatch is a sceret to this day. There is one great argument in favour of investigation of the original titles, that is, the fact that it was assented to in the time of Lieut, Governor Fanning. If conceded then, why should it be withheld now? And notwithstanding the assertions of the Hon. Col. Secretary, I maintain that a despatch only binds the Minister, and not the Government of which he is a member. It is not to be considered as an act or opinion of | Her Majesty’s Government. You will find that where the action of the Government is taken on a matter afieeting the Colonies, it is done in Council. {The hon. member here in- stanced the form used in giving the Royal Assent to Acts of the Colonial Legislatures, when the Sovereign and members of the Privy Council are present.] And I maintain that no title can be deduced except from the original grants; if they are void, no transfer, from one to another can create a good title, or convey what the original grantee had it not in his

intervention of a jury, and if it is found to be bad, they can declare it so.

Hon. Cor. Secrerany.—Then, according to that doctrine, no proprietor has a good tide. If Lam not mistaken, the ‘hon. member himself has purchased lands in the Island.

Mr. Coorzr.—Yes; from the Crown. ‘The land was es- cheated.

Hon. Cor. Secrerary.—Well, suppose the case of a pri-

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power to give, and the only way to try the title is by the}

vate individual abcut purchasing a piece of land from |

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another—what would be his course? He would employ his lawyer to investigate the title. And where is the lawyer to be found who would net consider the original grants valid, after those despatches and admissions of the House which I have read? ‘The Government employed their own lawyer, the Hon. Attorney General, and he has done his duty. ‘The hon. member still argues against the effect of a Secretary’s despatch, and instances the case of a Bill receiving the Royal Assent. True, that is the Act of the Government, but the decision of that Government is conveyed to the Colony through the proper channel—the Secretary of State for the Colonies—and several of the despatches I have read, ex- pressly mention the decision of Her Majesty’s Government.”

Mr. Larrv.—Mr. Chairman, the Hon. Col. Secretary said he was sorry that I was going t6 support the motion for a Court of Escheat, and said my constituents never asked me to vote for it. When we were trying to get Responsible Government, the opinion of my constituents was, that I should first do what I could to obtain that, and they never told me to vote against Escheat. With reference to the re- marks about the investigation of the titles by the Government under the Land Purchase Bill, I helped to put the fifth section into it, and I think it the best part of the Bill. I see no reason why the Government should not investigate the original grants as well as any of the other documents. lam sure the Bill expresses that plainly enough. I have no wish to break up the Government while they do their duty; but [ must say, Mr, Chairman,.that it is not ftir to blame me as breaking my pledge to support the Government. The people, by their petitions to this House, have shewn tie course they wished members to pursue.

Hon. Cot. Secrerary.—Mr, Chairman, the hon. member (Mr. Laird), seems to speak as if he introduced the clause providing for the investigation of the titles into the Land Purchase Bill. Why, Sir, that clause was in the Bill when it was introduced by the Government, and the hon. member voted for it. He has said that the petitions hefore the

altered in any other manner than by that of equitable ad-| House relieved him from his pledge to, support the present

Government. But how were those petitions got up? They were got up by Mr. Cooper. Look at his letter addressed to myself, and published in his pamphlet. he hon. member (Mr. MeIntosh), did not join him in that, knowing that the letter and the answer would be published, and, that the answer would not have the tendency to encourage agitation of this question.» The result of the meeting held in the dis-

trict of the Hon. Mr. Whelan and Mr. Dingwall, at which the former was present, shews plainly that the people will

not be bothered on this subject much longer. They have

had enough of it duriug the ten years’ agitation by the hon

member (Mr. Cooper). Sir Charies Fitzroy’s answer to the

address of the inhabitants of King’s County destroyed the

private influence of that hon. member.

Mr. Mckyrosu.—If we ‘had before us al] the documents

which Sir Charles Fitzroy sent home, we might know some-

thing more of the true state of the case than we do at pre-

sent. Sir Caarles Fitzroy’s conduct clearly shewed that he

did not act in reality, as he would endeayour to make it ap-

pear. From the private representations sent to England by

Sir Charles Fitzroy and Sir Henry Huntley, no despatches

based on them could be relied on. It is very well for hon.

members to say that Hscheat was finally settled. It was

uot, however, dead in 1850, The despatch brought out by

Sir A’exander Bannerman shewed that the Ministry at home

knew, from private information, what the new Governor

would meet on coming to the Colony. ifthe Land Purchase

Bill was the last measure for the relief of the people from

the oppression of their landlords, it woald be no use in dis-

cussing this question, but, Mr. Chairman, I am inclined to

consider that Bill but asa beginning. I would, for onc,

just as soon see the lands in the hands of the proprietors as

to sce the landlords joining a set of speculators in taxing

labor. My desire, Mr. Chairman, is that I may see the

people treated as British subjects, not as alieas or bastards

by the Imperial Government. (Laughter.) Oh, hon. mem-

bers may laugh, but L repeat it, Mr. Chairman, that they

have been so treated, and I do not wonder at it, when thoxe

who ought to stand up for the rights of the people are found on the side of their oppressors. Since we have Responsible Government, if the Governor and Council state the views of the people to the Council, we can obtain what we wish. I must, however, Mr. Chairman, confess that L expected from Responsible Government more than Lhave seen. ( Laughter.) I had no intention of turning out one set of Jand speculators to put in another. I am willing to give the present Govern- ment credit for the gocd they have done and all they may do. I will give them eredit for the Education Bill and the Tenants’ Compensation Bill, but not for playing the game of the proprietors. I have heard hints of some members of this House speculating in lands, and from what I see, I am inclined to think it is the case. If this is the only way of relieving the tenants, they might as well rewain in the pur- gatory in which they have been tormented fur so many years. (Laughter.) Ihave no desire, Mr, Chairman, to turn out the present Government; they will, probably, last my time. But I am astonished at the way this question is treated in the House. We are met by the opponents of the measure as if we were advocating some dishonest scheme to rob people of their property. Mr. Chairman, if we had not a constitu- tional right to a Court of Escheat, I would never stand up in favor of it; but as a British subject, I feel that the people are entitled to it, and they who oppose their obtaining it are the parties who are taking away the rights of others. I sce 'nod reason for any one objecting to the establishment of a Court of Escheat. Let us have it; and if the lands cannot be escheated, as has been said, the Court can do no harm. Then why not have the Court? The complaints of the people are that there is no such Court. In the time of Go- vernor Smith, a Township was escheated in two or three days after he issued his proclamation, and I believe if he had staid in the Colony, every Township would have been escheated, and the people have as much right to Escheat now as they had at that time.

Hon. Cox. Secretary. I rise, Mr. Chairman, merely for the purpose of answering that part of the hon. member's ob- servatious,which insinuate that the Government were in league with a third party, namely, land speculators in the purchi:e of the Worrel Estate. ‘That statement is not t ue—the aon. member knows that the Government had not power to compel parties to sell their lands. Bat, Sir, when the Liberal party assumed the Government, they gave notice to the Trustees of Worrel Estate, that they were prepared to receive offers from them — they could not say to them “ you must sell the pro- perty, whether you wish to do so or not.” Then came the vote of want of confidence, which displaced the Liberal Ge- vernment, and before they returned to power, Messrs. Pope

(For continuation of debate see last page.)

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