~.lusv- 1-.’

Hsszjpsnns _GAZE'l‘TE, MARCH 9.

- . .. q-e... un--so-on

snscted; and even if they should do so. it Would 50 found that the expense of having the value of the me.‘ appraised, would exceed what it ini tnow obtained for. The hon. gentleman concluded by flying that he hoped the expliisaiious which be bad givou.aud th disses-Iioa hich had taken _BCs would he fsirl laid before the people, that they in ht so. what the vevamest Ind it in their power to o, and what they had it not in their power to do, with puppet is the Plshory Reserves; and, thereby, be gnuirdgd pgoinot formiogeipectutionu concerning them which could never be realized. e. or one. was nits sstflsd to take the opinion of the Crown Law Oflnsm, us they had iven it, and to abide by it. It was a mistake to thin that they could take it part of it,ssidnotthewhclo. _ ' _ _ Hos. Mu. WsQI1'os.—‘Hc had studied the ough . those Reserves as beneficial’ to the people, as they could be‘ do; and sincerel desired tosee them extended to the very utmost limits that a fair terprctstion of the clause in the Grants by w lob the? were made, would‘allo_w of their being carri ; he could see nothing in hose opinions-—not even in that part of them which, with respect to the people, put the most unfavourable and restrictive construction upon Reservations that law could show them to bear ——b which it would not be wise and proper to abi e. We could not be allowed to choose and pick out what we thought most favourable to our intrests in those opiiiicns, and, at the same time, permitted to meet, and refuse to be bound by what they contained that we conceived would militate u inst us. If, for such it pur- pose as that for w iich the grouqd in nestion was required, verniuent coal to e a portion‘

-of the Reserves in which the right to the soil had

not been reserved to the Crown, without bcin

obliged to pa for it, he would l|0 well please: that they cou d do so; but, believing that they could not, be, for one, was willing that they should pa tbr it. Suppose the (iovernincnt were to to e forcible possession of the ground, would not Mr. Macdonald coniincnco an action against them in the Supreme Court? Certainly he would: and it was also, he thou ht, quite as certain that, if he did, he would in it, Sup so then that an appeal l'roni the Excision of tie Court here were to be made by the Go- vernment to Her Majesty's Privy Council, to

whom would the i ucstion there he referred for 1,

final decisi’onl o t w otlicers; And, was it not all but it certainty that their opinion would be perfectly in accordance with what had formerly been given on the question, by these authorities? Honorable members who had imposed the urchase of the ground, l'rom Mr. cdcnsld, t rou h a persuasion that the Government had a rig it to take possession of ' ' purpose for which they wanted it, without being bound to allow any considerafiion for it, would, he hoped, on more mature re -

,;,see 13:10 propriety of purchasing it for

sum

‘ Mu. More-roostlitv. He thought the subject under discussion involved two questions: First, what was the value of the ground required by the Governmet ! and secondly, would the Government be justified in an attempt to take it without afford- ing the prorictor s reinuneraticn for it? He would say, that if the right to the soil of the Reserve, in this case. were in the rown, and the Reserve were, at the some time, uncultivated, the Govern- merit would have a right to take the site‘ wanted, without allowing any remuneration to the Pro- prietor for it. But, whether the right to the soil were, in such a case, in the Crown or in the Pro- prietor, he would say that. ifthe ground wanted by the Government were a part of any man's farm, even although a part of a Reserve, they would have no right to deprive that man of it without al- lowing him a reasonable compensation. All the circumstances of the case considered, he was, therefore, of opinion that Mr. Macdonald would be entitled to remuneration ; but he also thoti§llt_thst the amount he asked was too much. and that. if he were oflered a much less sum. he would take it.

. in Mr. Macdonald had oflered to sell what he had no power to sell. The whole Island was a Reserve, and be (Mr. Mscdonald) did not know but the whole of it mi ht be required for the purpose of carrying on lis cries. Besides’, even nting that he had it right to sell the land, w ioh, however, be (Mr. Laird) was rounded be ad not—he was asking ten times as much for it as it was worth. If he were as liberal as he mi ht be in such a use he would say, “ I csn‘t sol the land; it is all a fishery reservezand I know not w soon it may he wanted by fishermen ;but I will cheerfully ield up possession, to the Government, of what little the require for the erection of a Light House, wit out seeking an remuneration for it."

Ms. WIOIITIAN «(id not think that, in such a case, Mr. Inird himself would act in that spirit of liberalit which he would recommend to Mr. Macdonal . The hon. Mr. Colt-s had given a very hit and impartial explanation of both sides of the question; and he (Mr. W. )‘ thought the course recommended by him was t at which the House ought to urstie. Were they to ado t

t recommend by those hon. members w 0 opposed the purchase of the round, an action would certainly be institute against the Gov- ernment; and,as certainly, they would be over- thrown in the Court. oo much time had been spent in the discussion already. All that remained to be determined, he thought, was what out should be given for the ground; and the sooner they come to that question the better.

HON- tlicSrusxaa.—Nothin that had been ad- vsnced was, in his opinion, o suficient weight to justify an attempt, on the rt of the Govern- ment, to tabs ssion of t e ound in ques- tion without wing Mr. Ms onald a proper remunerltlcl for it. If they made the attempt, they would be led into n law-suit; and would certainly lose it. The Government had sent d9W|1 C0‘|lt|I|lIl0lI0l'I to decide on it site for a Light House: they hsdslso. he understood, enter- 0d "W0 III I W009 with a contractor for the erection Of it, who WI! W|ifing to commence hip operations; and all that had been done bod been done with the consent of the House. The‘course recommended by some hon. members would, if adopted, lead the House into the ussum tion of a right where they had no right. A ounnd

cuts could be adduced against it. The

ease. In such a case, ought not to act so as so oisbarsas the Government. a baviu entered into a Connect for the erection .of a Light House; and both parties—the Go- vgrnnient and the Contractor—being bound, to '.t e pens , the Contractor, if not allowed to rc- oeed gltii his Contract, would comiiioncep an 005011 I the Government for default ; and would 0 Iain a verdict for dams s against lied to be one by the

esa, was to enable the Go- vernrncnt to pay a reoeoblpble price for the

und. It :0 anthg the duty ofdt‘lIis

iaeut soc t gates a e

00 §l'oInd,fiomMI".hgtaiodsl,usaprl- vats , in ,oould give.

Mr sviu. It appeared to hits that the case

was met There are two dcssrl scarves

—ono is whim tbs Ilossrv.-is are at the disposal of the Crown - another in which the Reserves are

also to ull'.II:M:ssiy's sow punt;

Nth"

Wfllflfllb ‘

rformoncs of their agroeinent, under s.

pcaecuting the fisheries. 'I‘be around in question was a portion of such a Reserve as the last, and he maintained that the Government, in taking canton of it for ii site whereon to erect a Light- ouse, would be taking possession of it for the express pur use for which it had been reserved. The Liiiht- ours was to be erected for the benefit of the tishcrrrien—slthough it was very true that it would be for the benefit of the shipping and the mercantile interests generally iilso—sod they, the fishermen had already bi-en taxed for that Light. The staple in the neighbourhood of Psnmure II’ were largely engaged in the fishery busi- nesu. and a Light wbic was to ssvre as a guide to to their vessels sxsiuot danger. was surely an aux- iliary in the business, and a most necessary one too- The erection of s Light-House on the Fishery Reserve in question would, therefore. in his opi- nion. be as much a preparation for the carrying on ofa fishery there, as the erecting of “ stages and other necessary biiiIdings"; and its being taken possession of. for the purpose. by the Go- vernment, would be as much an entering upon it by the people, as ifs few of them, forming a 0lb- ing company, were so to enter upon it; for the Government—s body of men chosen and appointed by the people, as the Government of this Colony was, to manage their afl'air, and account to them for that management—-could not properly be re- garded as any thing but the responsible agents of the people; and, in that light, the might, with strict propriety, be called the pee e. Fully im- pressed with the correctness of tile view of the question, he would conscientiously adhere to it; and. before the Committee rose, he would submit such a Resolution, as would, ifcsrried, be the means of having its legality and propriety fully tested in the Supreme Court of Judicature. Ma. Loirowoiu-ii.—He could not understand how the Hon. Mr. Lord and those other hon. members who coincided in opinion with him, concerning the question in discussion, arrived at the conclusion that a proprietor bad no ri ht to sell a portion of a Reserve of wbic the ee- siiii le was vested in him. Of all such Reserves as t intin question, the right to the soil is in the proprietor; the people it is quite true, had it right, when the pleased to exercise it, to enter upon it for fis ing purposes, but, in no case, could they have any right to the soil. The only right the people had was similar to that enjoyed y fishermen in England, and in Ireland, who were at liberty to spread and dry their nets upon the coasts, to a certain extent from hi h-water mark; but nothing inc He would efy this Govcrmncnt, or any othe Government, to take Rqssiessiim, at their own will, of any part of a servo such as that of Panniure Island‘ All that the Government could do, in the present instance, was to make the best bargain possible with Mr. Macdonald. It was a simple matter if buying and selling between two parties ; and, of the party wishing to buy would not give what the other party persisted in demandin , there could be ii ) bargain concluded. The on y other way, at al events, wool to pass an Act for the appraisement of the ground. When all was consiciered, however, he thought the sum asked by Mr. Macdonald was not too much ; and, if it could not be obtained for less, it would be well to give i -

Note.—The discussion, after having been pro-

longed for about three hours, was still further retracted for a short time ; when a motion made y Mir. Fssssii had the efect of bringing it to a termination.

Mu. Faasxn. The uestion to be determined has now been debated or about three hours; and not one Resolution has as yet been submitted. Iinow as much about the general question of the Reserves as most honourable members: but so much has alrea been said on the sub’ , to night, that I will not now trouble the cm- mittee b a statement of any of my own views relative to it. I will merely move a Resolution which I have ' repared with a view to the deter- mination of this present uesticn. Ma. Fusn. then read his motion as ollows :—

Ri-so1red—As the opinion of this Committee that it is expedient that when the House shall be in Committee of so pl the sum of £20 be granted to Mr. Archifial Macdoneld for the purchase of his right to One Acre of , as marked and laid out on Pamuure Island, for the purpose of erecting a Light House thereon, to- gether, with a right of wit thereto, as specified and set forth in a written I)ocuiuent now before this House ;and further-that the said Archibald Macdcnald will clear the said Land suficiently for erecting the said Light House ereon. .

Ms. DAVIES, with a view to such a legal deci- sion of the question of right as he had previously stated he wished to ace elfected, moved in amend- ment

Re.1oIved—That, whereas the site chosen on Panniure Island by the (‘ommisaioners appointed to select the most proper place for the erection of a Light House for Georgetown, is on the Fisher Reserve, this House is of opinion the contro and right of such Reserves, are in the keeping of the Government, and as such, no srivate person has a right to make an claim or

cmand for the occupation of such nds for llslicrylpurposcs, towards which they consider the sai Light House essential.

Amendments, and amendments of amendments were moved and decided by divisions in the Com- mittee ; and when the House resumed-

Ms. Yro reported that the Coinmittc had come to a Resolution which he was directed to submit to the House. esolution was then read at the Clerk's Table, and is as follows :-

Ruoloed-Thst it is expedient when the House is in Committee of supply, that the sum of Twenty Pounds be granted to Mr. Archibald Muedoitlld for the purchase of his right to one Acre of Land as marked and laid out on Paumure Island, for the pur- pose of erecting a Light House thereon, together with a right of way thereto, as ' ed and set forth in a written document now before this House: and further that the said Archibald Mscdonuld will clear the said land sufllclsntly for erecting the said Light House, thereon. *

And the said Resolution being again read—Mi. DAVIII moved to amend the sonic by leaving out all tiller the word " that," and substituting the follow-

" As the site on Psumuro Isluud, chosen by the Coni- missicners sp it-ted to select the most proper place for the erection o it Light House for Georgetown, is on the Fisher’ Reserves, this House is o ' ' ttho centre and rightof such Reserves are in the k ' of the Government, and as such no private person has a right to mulre an claim or demand for the occupa- tion of such lands, or fishing urpoees, towards which ' or the said Light cuss essential." uaauit moved to aineud the said motion of pmendmoct, by inscrtln sllor the word " Reserves" III the fourth line. the fa lowing words, " the fee sim- ple of which 5 the Grantee."

And the iuotlcn W seconded and the question put thereon-

'I‘he House dlvflel. .

Ysas—Messrs. Prnsr. Yoo,'Ion emery, Laird. Wightmsn. loongwovtb, and tits Hon ls. Mr. Coles, Mr. Jardine, Mr. Whslou. Ir. Lord. and the Colonial Bseretsry—;'ii. D , N “

Na s— essrs. svisscleduy. Is a I-0.

Bo ii was carried in the afimst

The Hos. Mr. COLE then sieved further to |_l[0ll&:IlG said motion of amendment insert- lri I r the woyd “ Grantee," *0 “ ii: to tho Dish ’

E

And the motion beiti seconded, and the question put therein ; the ouse spin divided : and the names being called for. they were taken down as in the last rccedink division.

80 it was carried u the allirioative.

The question being then put on the tirst ino- tion of amendment, as amended, it passed in the negative.

The question being then put on the said reported Resolution,'tlie House again divided, and the names being called for, they were taken down as in the former divisions.

So it was carried in the afliarmative and Resolved, accordingly.

R. B. Iitvino, Reporter

LEGISLATIVE IUIXARY.

Hons: or Aasnsuur, Tvssnair, March 1, I858. GARRISON DUTY.

Ilsaclocd—'I‘hat it be recommended to the House to request the Legislative Council to appoint a Com- mittee to join wl a Committee from the Ilouse of Assembly, for the purpose of preparing an Address to Her Me’ the Queen, setting lorth the impractica- biliiy o substituting the Militia for the regular troops to perform giirriscn duty in this Cclony.us well up showing why the Colony is not prepared to assume the burthen of providin for this service. as suggested by His Grace the flu e of Newcastle, in his Dea- patch of the 20th Januor ; and praying Her Majesty --that she will cause ullelschinont of the regular forcelto be continued in the Garrison of this Island as

us .

Committee sppciutod—-Honhls. Mr. Coles. Mr. Pope, Mr. Wbelan, and Mr. Lord, Messrs. Long- worth and W‘ htinsu.

RuoIe¢d— at a Massage be sent to the lion. the Legislative Council requestin their concurrence; and that the Hon. Mr. Conn do sliver the same.

Wunisusnav, March 2. EXTENSION OF THE ELE(,'l'IVE FRANCHISE ' BILL

Road a third time, as engrossed. the Bill iutituled “ An Act to extend the Elective I"rr.iichisa."

The Hon. Mr. Psusuu moved that the Bill be reccuirnittod, for the par e of addioga Clause requi- ring the Registratiou of lecture. The House divided on the question :-

Ysas—Hou. Mr. Palmer, Messrs. Macaulay, Mont- gomery, Yeo, Wightman-5.

JVays—Houbla. M . Coles, Mr. Thornton, Mr. Lord, Mr. Jsrdine, Mr. Whelsii. Col. Secretary, Col. $y0lklIlffiI',MIllll. CsIr':pri‘;n, M‘Neill, Fraser, Davies,

ar , cons , and I -14.

So it sseiiin the negative.

Mr. scauasv then moved that the following Clause‘ be added to the Bill, to form part thereof, by we o u Rider.

‘Ills it further enacted, that immediately alter this Act shall go into operation. no le islator shall till the otlice of Colonial Secretary, Co onial Treasurer, or Queen's Printer, or Registrar of Deeds, or Collector of Impact and Excise, or Collector of any part ofthe Plllbllc Revenue of the Colony of Prince Edward s end.”

And the motion being seconded, and the question put thereon, the llouae again divide : — r. Macaulay, Hon. Mr. Palmer, Mr. Yeo,

and Mr. Montgomer -4. Mr. Colca, Col. Treasurer, Col.

.N'ays—Honbls.

Secretary, Mr. Jurdina, Mr. Lord, Mr. Wheliin, Mr. horritou, and Messrs. Laird, Wightmaii, Clark, Campion, Mooney, Mscueill, Fraser, and Dsvies,—l5.

So it passed in the negative.

The question being then put that the Bill do pass, the House again divided. Division as above, reading Nays for Yeas, and You a .

o it was carried in the utiirmative, sud

Rescind, accordingly. F The short but important debate which took pace on Mr. Matnnlay’s “ Rider" will be pre tired or the next issue of Haszard's Gazelle, or cit er of the other papers which will be published before it.

Moirnair March 7th. 1858. raorosim SUSPENSION BRIDGE AT rrri-:’s FERRY.

Hon. Mr. Coi.l:s, as Chairman of the Committee a intcd by the House last Session, to report concur- niug the expedience of erecting a Bridge over the river at I"yfe’u Ferry.subi:nitted the following Report : " Your Comrriittee appointed est Session to pro- cure information relstive to the erection of a Bridge over I"'yfe’s Ferry, New London, and to report thereon ’ essiou, have to report that they are of opinion, after inspecting the proposed site, that the erection of sBridge over the river of the said Fcrr would be of rest benefit to the Inhabitants of the estcrn part of uocri’s County as well as to those ofa large portion of PfIrl'l_CO County, and would answer the purpose of a Who .

Your Committee have procured two Plans and esti- mates for the erection of this Bridge, which they here- with submit; and, as the Inhabitants of that part of the country have subscribed liberally, and the Agent of Mr. Cunard has promised Timber for the erecting of the some free ofany charge. your Coiritiiittce are of opinion that the sum of Five Hundred Pounds (£500), in addition to the subscriptions would be suflicient to build the Bridge.

a the amount of Road moneys usually allotted to the District in which Fyl'e’a Perry is situated would not enable the Members to undertake so large an ex- peuditure,wbich would benefit several other Districts, us well as their own; and, as the undertaking was re- coniinended b the L islaturo of I8-I2; your Com- mittee would rcspectful y an out that. in their opi- nion, a Special Grant of our Hundred Pounds (£400 should be given in two instalments, namely 'I‘wo undred Pounds (£200) this Session, and the other Two Hundred Pounds (£200) when the Bridge

aid was introduced by the eerptsssslusnbsr

shall be completed.

Your Committee would recommend the Bridge to be built in accordance with the Suspension Plan; ul of which is respecifully'subinitted."

Guoitas: Coi.ir.s, Auxsrsoiiu Lsiun, DONALD MONTGOIIRY. Mnscusivnoss.—I-Ziipense of erecting Suspension Bridge over Channel. with Blocks and Bridges at on , £800 0 0 Ex use of Blocks and Bridges across

I ewhole river £650 0 0

The recominendutiou contained in the for oing Report was ordered to be submitted to the I once when in Committee of the whole on Ronda and Bridges.

LAND I’UR(.‘IIASI'l lilI.L.

Of this Blll—-UM Bill of the Sossion—-which origina- ted with, and was brought forward by the Hon. Mr. Co.x.ls. the leader of the Governiiieiit, the clauses