/‘I 
     
    
   
   
    
     ,«” 7(4) 
     
    
   
   
    
     /pomfortsbly settled, and that the Inland would be allowed ‘ma “ w,m_,_.. in W, ma 
     
    
   
   
    
     full share of representation, in proportion to the extent 0 
     
     territory and populaticn—-all which is respectfully submit- 
     
     .“ I! I 
     
    
   
   
    
     Well. Mr. airman. the hon. member having ‘got tho 
     
     opinion of 1'. Home, the House passed a resolution in I8_41. 
     
     to the House of Commons. praying the grievances arising 
     
     from the land question might rodressed. That House 
     
     took no action on the petition. and the hon. member wasao 
     
     with the Home Government, the proprietors and all 
     
     ban . that in his report. which I have just read, he was will- 
     
     ing to annex the Island to Nova Scotia. (Laughton) And,‘ 
     
     Mr. Chairman, I do not know what better answer to the 
     
     assertion of the hon. member that we have only the opinion 
     
     of individuals who might be holding the seals of the Colonial 
     
     Oflce at the time, to show in opposition to his views, and 
     
     that the British Government have not decided against the 
     
     measure which is the subjectof this evening's discussion, than 
     
     the dcspatch which I will read to you from the journals of 
     
     1842. I think that expresses the decision, not of the then 
     
     Colonial Minister, but of the British Government, and I re- 
     
     uest hon. members to observe that it expressly mentions the 
     
     etermination of Her Majesty's Government. That despatch 
     
    

    
     is as follows :— 
     
    

    
     “ Downing Street, 25th June, 1841. 
     
    

    
     " Sir.—I have to acknowledge the receipt of your despatch 
     
     of the 5th May last. 
     
    

    
     “I have to acquaint you, in answer, that Her Majesty's 
     
     Government, having reviewed the whole progress of the dis- 
     
     cussion regarding the tenure of land, have arrived at the 
     
     following conclusions:— 
     
    

    
     " First.——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 
     
     un'ust. 
     
    

    
     “ Seccndly.—'l‘bat 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 to those, seem to have been acceded to 
     
     by the great majority of proprietors. 
     
    

    
     “Fourth1y.—Tbat 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 
     
     otfers no sound footing for direct legislation. 
     
    

    
     “Lastly:-I have to state that Her Majesty is not dis- 
     
     posed to blame any party for the mode in 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- 
     
     nation of a fruitless and irritating contest. 
     
    

    
     " I have the honor to be, Sir. &c. &c., 
     
     "J. RUSSELL.” 
     
     Now, Sir, I would ask what language can be more ex licit? 
     
     It states that the question had been reviewed; now, w 0 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 find 
     
     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 appear to the 
     
     country that the Legislature had never given up the principle 
     
     of Escheat, is as susceptible of refutation as his amertion that 
     
     the British Government have never declared their opposition 
     
     to it. Why, Sir, at the risk of being considered as occupy- 
     
     ing too much of the time of the Committee, by a refercnceto 
     
     what is well known to many hon. members, I will direct 
     
     their attention to the journals of I848. In that year, when 
     
     the House was in committee on a Bill introduced by the hen. 
     
     the present Sppaker, and generally known as the " Squatter’s 
     
     Bill," the fol wing amendment was moved, and by whom? 
     
     by the hon. member himself! Here is the preamble of his 
     
     ::ienci:.ident,aaeiitci-ail onthc journall,andthereoor-d um 
     
     mo :— ' 
     
    

    
     " Mr. Cooper niovedjthat the Bill be reooralnitted. for the 
     
    
   
   
    
     rpose t‘ amending the same by striking out all alter a, 
     
     pa 0 ' Hill, and substituting the tele- 
     
     ‘ipwin in lieu t 
     
    

    
     h I Ma 
     
    
   
   
    
     liereof:— 
     
     ‘« ' t'sMiniaterIbave‘IhtedintheirDeaps 
     
     tiutthe eondiiidns contained in the original on werewi: 
     
     practicable, and that it would be not’!!! to opriye the pro. 
     
     printers of such grants of the land ‘for the non-performauc. 
     
     of such conditions; but as the proprietors have imposed con. 
     
     an-Jon; persons who have improved the land, which no 
     
     so oppressive as to deprive such persons of the benefit of their 
     
     im vementa; it is. therefore, not only necessary, but just 
     
     a equitable, that while the p rictors of such grants are 
     
     allowed to retain the fee simp so the land so granted in its 
     
     wilderueu state, that persons who hav_e cleared such land, 
     
     and bro" tit into a state fit for cultiyation at their own 
     
     cost and abour, 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’; 
     
     Compensation, of which the hon. member hoschosen now to 
     
     say he disapprovcs, and I contend, Mr. Chairman, that no 
     
     man of common honesty and intelligence can view the extract 
     
     I have just read in any other light than as a declaration by 
     
     the hon. member himself, and of his party, that the nestion 
     
     of Facheat was considered at that time finally settl . Al. 
     
     though I think I have already adduced documents sutiieient 
     
     to shew the recorded declarations, not of Colonial Secretaries 
     
     individually, but of the British Government not to grant 
     
     eseheat, I shall refer to the despatch of the ‘present Earl of 
     
     Derby, then Lord Stanley. and Secretary 0 the Colonies, 
     
     dated the 14th July. 1842 :— 
     
     “ In 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 ucstion in debate between the 
     
     grantees of lands in Prince ward Island and their ten- 
     
     antry; experience having sufieiently shown, that no beneficial 
     
     result is to be anticipated from any such interference." 
     
     Thenwe 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 notuseless to agitate this ques- 
     
     tion further. He knows well what reception our previous 
     
     applications have received, and let him considerfcr a moment 
     
     who it is that now holds the seals of the Colonial Ofiicei 
     
     Why, Sir, Lord John Russell, the man whose opinions I have 
     
     read to you. Is it likely that the Government, of which lie 
     
     is a leading member, will consent at this day to grant a 
     
     Court of Escheat? That hon. member knows it is not; 
     
     and I regret that the minds of the people are agitated on this 
     
     question. Had it not been for parties exciting them, and 
     
     holding out false hopes. every thing would have no on 
     
     quietly, and the Land Purchase Bill, the Education ct, and 
     
     the proposed Bill for taxing the rent rolls of proprietors, 
     
     would have had the effect of inducing a reasonable and equit- 
     
     able settlement cf 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. colleague intends to vote for it. I 
     
     know that his constituents never asked him to do so. As to 
     
     the titions having much influence on the minds of hon_ 
     
     mom rs, I know how they have been got up. A few indi- 
     
     viduals in Charlottetown prepare them and send them through 
     
     the country, telling the people that they are to have free 
     
     lands. 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 got up this excitement merely to up- 
     
     set the present Government. The pic oi the petitions 
     
     without consideration. and in proof of the faci ity with which 
     
     signatures can be obtained, I may mention to the Committee, 
     
     as a fact, that the hon. member for Belfast (Mr. Dcuse), has 
     
     now from his constituents two lists of namm, to put to any 
     
     petitions he may please, and for or against any measure he 
     
     chooses to support or o ose. But, Mr. Chairman. at the 
     
     risk of being oonside tedious, I will read from the 
     
     an hlet published by the hon. member, an extract from 
     
     Grey's deapatch to Sir Alexander Bannerman, in 1851 
     
     —the deepatch commonly called the " Bloody Despatch :"— 
     
     “_W'ithcut ' g into detail, it is suficierit r me here to 
     
     remind you t raputed application ha been made, at 
     
     difierent times, to or Maj'esty'_s Government. to consent to 
     
     deprive the proprietors under filarcrlginal grants of their 
     
    
   
   
    
     ‘\