gaaatucb’ uaoactfie. VOL. 22. Itrgtztgat-:_':: HOUSE oi‘ [is§i3Mi3LY. CONDENSED REPORT. _3’.‘_t‘0tt€UIt1§fl. _, wIDNllD!.Y March 10. 1852. (Remainder iy‘ Debate concluded.) Ilassaol or Ilia l*'.xc:t.i.urcv_ -ritr: Liuur. Govaaisoit concuuirimi t\Ir. Mooivcv’s Bii.i., T0 COMPEL |’aot-ii.ia:- 'l'0lI 'ro Rizcoitn -riisiit 'l‘i'ri.i:s. Hon Mr. POPE. in reply to Mr. Palmer, said he accounted all that had fallen from tho honortible and learned iiiern er. N-'ll1_l'V9 to t a Message, as of no more cons: uence or value than an idle flourish of train ts. 'I‘lic honorable and le.-iriieil iiieniber, he said, admitted that His Excellency‘: opinion wits perfectly just, tltat the Message, in itself, was all right. and that the llill ought not to pass; an e was opposed to the lloiise‘s acting in iirsuaiice of the view which he himself pronounced to be correct. _ is aim was evidetttly to iuiplicate the Giiveriiiiiciit, if possible. in some int- propriety of conduct. or dereliction of duty; but lii.-i atteiiipt woulil ‘ t ~< 9. _ prove or establisltnotliiiig btii the iinpnteiice o his tiiiltce. would have redoutided riiuch more to his credit. If ll“ l"“l ''“''“'’‘l the Government in it trioro open nitd direct manner. t woul cer- tainly have been much more manly and independent to have II‘IOV8Il it vote of censure against the Goveriiiiie.-it, tliiin doggedly to oppose the course which, ticcordiiig to his own shewiiig, was the_oiily pro- per one. The I|0Il0i't|lll0t member then spoke for soiuu time in fa- vottr ofthe Bill (for which. he said, he voted in l8:l2;) and shew- ed how such it Bill might. in perfect uccordiitice with the principles ofjustice, and with due regard to the valid interests of all coiicerti- ed. be passed into law here, where all Titles to Lands are not only of certain origin, but so recent, (being almost within this memory of persons now living.) as to be traced back without ditliculty; al- though, were such it law to take effect in England, it would. owing to the impossibility of tracing Titles to original Grants, create uni- \'eraal perplexity. and raise up. in many instances, iiliiiost_ tiisuper- ableobstiicles to the devising and conve in of Estates in Land. The Royal Allowance to the Bill, had not, however, he wits sati_.-i- Iied, been withheld out of regard for any principle, but merely in coinplianco with the reiiioniitrancea of the I’roprietor_s at lloiiie. But their reiiionstrnnces and representations. it could easily be shown, had not the slightest foundation in truth or justice. The nlijiect of the Bill, it was very true, was to prevent persons who had assum- ed and exercised all the rights of real proprietors to estates. to which they had no valid Titles, from iinpoiiin upon ignorant iridivi- duals, by means of invalid and frsdulent conveyances ofthe whole, or any portions of such estates, for valuable considerations. :I‘liii-i had but too frequently been done; and in several iristaiices, iridi- viduals who had be ‘ d upon. had. in order to retain poa. session of the iriiprovoincnts which they liiid matte on the laiiilii, Iiiinestly purchased by, but fraudulently conveyed to, limit. been obliged to take leases of tlieiti, and pay rents for thent. I0 P'°[t|‘|9- tors of wlioiu at the .time they made their purchases, they had never dreamt. Tho devi-i' ing for the iipoliiition of proprietors; for whilst that means would clfectunllv protect all who wished to become parcliaiters of land. front the friiuils of preleiirleil Proprietors, it won only render the Titles of litit_-ful Proprietors or claimants still more secure, it pos- aib o. Mr. TIIURNTON opposed the motion fill‘ llle ‘l'|»“‘-ll-'"tt‘3 "I. ll!" order to carry up the Ilill tiitlin Couticil; and he looked itpoii Ilia I'Ixce|lcncy‘s .\Ieiisage. in rt light, very different frotri that to which it w.ts viewed by tho tinveriiiiieiit meiiiberii; and put an inter re- tatioii upon it, very ditferettt front that given to it by them. I av- ing passed the Ilill, and ordered it to be taken up to the Council, Iliiiiornlile nit-iiiliers, were. he said, bound to itupport it; and. al- though it was in th--. desk of an lioiioralila iiiotiiber of the llouso, they ought .to act with respect to it. as if it were actually in the haiiils of the Coun--,iI. It ought to he sent up without dfilflyi "ml the Asst-iiilily ought not to taltuiiiiy further tuition of it. “til” _I.l|l'r)’ iihnulil kumv how it liiil been dealt with by the Council: Illllln ll |‘¢‘-- j--cto-il Iiy tho Council. it ivutilil then he the duty of ll_|I! -\-"-'“”||l>l)' to support the Bill by an A-ldrt.-ss to IIt'I' Maj.-.sty. With respe-t:t to Ilis I".tcelli-iicv'ii Ilnsuagii, tho Iltllltlfitltltl iiii,-iiili-yr then tII)'lI‘fH'tI. (II it it would li.i\'e lit-niiiii dirri-t iiitcrli-ri-iit'i: with the (Il'lllIt.‘l’iIllt\ll! ofthe lI.ni«i lriil it li--uni sent or (I4'lI\'l'I'tEtIs Wllllil the tiieatsliro to whit-‘t it li.i.l I'l‘I.i‘l‘9‘lII?t‘. w.is ittiil nuili-r tlii-ir iziiii-‘tilt-r-tllfllli "ml ll” cuttld not lit-li.-vi-, that one iiieiiihi-r of the (iuveriiiiieiit would. lll giiish c.i<i-, l||v:t Ii--l.I it to lm lIIlIllf\\'I'(H than iiiiuoitstitntioiial and it .ri.-ct iIt'i'l|l'lI of the |I'I\'Ill‘=' -s til‘ the .‘\<<H|IIllV- Ill“ I"(“3"ll”"")'v ‘ll Wt‘\’t'f, wlimi lie rtI'lII tho \It-s-iago, thought, that the Bill wiis_be- l|I're tho l'oiiiicil; nitd he (\lr. llt vriitoiil ‘-W3 W7)’ hf “"" I"_-'l' fog ili<po.md to put any other I.li.iti ttie most l';ivour.itilii construction in on lli-i Exce|lency’s act. 'I‘he course which this Ilouse has hi- “P4-rto pursued with respect to the measure in t|llP..‘illt|n. they ought tli be prep:ii'eiI tti follow up. The lionuralile the 'l r--:i.-iirer has cati- toiilly niliiiitleil, that he erred with respect to it; "WI “'0 l_""'“""_l'l° dliu I4L‘.I1Ir'r oi‘ the tioveriiiiieiit has exvii.---d ltittmrlf I-‘I’ lI|=4 |‘I!II|I-*S- tm-as ml the some of his not being in the House at the-_tiinc ‘the Ilill pnsseil I. iii_i sell‘. was certainly very well aware of the irregula- rily ofthe course which was being pursued by the ll-Ill-Wig lillli I knew it would he in vain for me to oppose it, supported, as it won, l'Y |lII- tiiiijiirit '; and, besides, I wished to have the sense of the Lcgisl.-iture fully tested upon the measure. \Vc niay._l llIIul~'. lul-‘0 it for granted, that if the Bill pass the two Ilouses, llts I-..\ce|lenY:y will he prepared to support it by it recoiiiiiioiitlatinii to the Iloiiio (iovorniiieiit; although, by the loyal Inslftlclltttifi lie is precluded from assuming to it ridi-ed, it can scarcely be siipposi-d. th:tt he will do otherwise. if he regard only the IIIl|ltlIt‘t iii l\'IIICll it hits passed the popular Branch of the I.i-gislitture, in iuliiiili the Justice and necessity ofthe measure have heart i-troualfl '|""-"Ml "P9" ll)’ the lending government tnetnbera,tind in which izs pas:-agelttiit been opposed by otil one or two. it more courtesy to I is Excellency it is, I think, ue to hiiu, that his Mossiigo l|III||lltI appear upon our Journal; for, notwithstanding its olii-ions iiiiprnprio-ty, it must bo quite evident to every one, that iiotliiiig could he further .I'l‘t|lI.I the intention ofllis Excellency, than a direct or deliberiite vioIiiti_on of the privileges of the Asseiiibl . \Vitli respect to the Ihll, it has been regularly carried through this House, pasiied,.iiid ordered to be carried up to the Council; rind, nntwitlistiiinliiig tlits after conside- ration of the irregularity of its introduction, can Its most- Isticy's Message. I am of opinion, that to rescind the order for car. tying up the Bill to the Council would not reiiisdy the irregularity, but rather iacrsassit; and. besides, for the House so to retrace their steps. in consequence of His Excellency's Message. W0|l_ltl make that Message a hive breach of privileges, how much dis- posed sosver they iv-ig be to view it in suotlier light; for, in _its effect, it would then amount to an iriiinediats unconstitutional in- terference with tho pvooeediiigs and deliberations of the Assembly. Besides, I liiive always been ofopiriiou, that with re-spsct to every iinportiint measure, the Council should tulis their full shirt-e of res- poiisibility. They will see by our Journals, that the Bill shoiild noiv be before them, and are, therefore, prepared to tako_ action ' f they concur with this iouas respecting it, their con- currenco will ivo ridditioiial weight to any representations in favour of it. which 1 Assembly may make to the I o Government. In every point of view, it, therefore, appears to Ind. lllll ll"! mil] p‘|'0Pe|' ¢0|I|'Io for its, just now,‘ to pursue, with re orsiios ‘to the ill. is to allow it to be taken up to the Council, and to await their tllclllttn with NI t to It. before we deliberate with it view to any further rocsedin in an it. Mr. Btflflfirfunhr ox siuad,coacorniag the course which he had tsk with rI would be ridiculed, if he the Bill. I said, that he hail In-en afraid he ' an Address to Iler M.-iji.-sly in favour of the Bill. before it had been submitted to the autioii of the Legislative Council: and be aukuowlsdgod, that ho had taken inl- ' morning. to make his inoiion for ‘ht’ "ll" Vfldllll 0‘ "'0 hills WI! he might get it passed without ' I he houur-able iiiciiibsr also rigaiii i-,.\pl.~iiii- ed, how the Bill happened to be still in his pa-cssioii; arid iulded. had to hbudb an aisiiiber of the Govsriiiiient, or b say one also. He was vsry g ad to find Mr. iiion so much in vosr sfsbs aiaasura. Ilsa. Mr. 091.88, is rsply is Mr. 'I'li¢raIsu, stissrssd. that it would be very improper for the Assembly to send up a Bill to the Le islative Council, knowing that the could not legally pass it: an as responsibility which the honorable iiiernber (Mr. Tliorntoii) might think would attach to them about the particular measure in question, they would, if it were sent up to them, at oucegct rid pf that, by referring to the Royal Instructions. which prohibit their passing it, without Her Majesty's permission first ob- ain Ilon. Mr. POPE. Yes, and record their names upon their Jour- nal accordingly. as we ought to have done. Mr: MON'I'GO.\IEIlY said, a motion to discharge an Order for carrying up a Bill to the Council. two days after the Order had been ma e, was certainly a very singular, if not an altogether unprece- dented and very irn roper one. His Excellency believed the Bill ‘ ; and be (Mr. Montgomery) thought the roper way to deiil with it was to allow it to n u _ 1,, Pu.-_ suance of the Order. that the Council might take some action upon '. There would then, he thought. be nothing to prevent the As- sembly froiii following up what they had already done by an Address to Her Majesty: and there would be time enough to do so. llon. Mr. WIIELAN. Some honorable meiiibcrii appear to en- tertain a rather extravagant regard for precedents; and, in their ttrllltllill. no course can a right, unless it can be shown to be in accordance with precedent. But. for my part, I ntn of upiiiion, that too much weight is frequently attiiclied to the existence, or to alisence as the case iiiny be, ofa precedent for It coriteiripliited course of action; and all considerations concerning precedents, might often, I.II|lIlI(. be very well dispensed with. If a course proposed be right, it requires no precedent to confirm it. I ' e wrong, no precedent should have force to sustain it. For the House to send up the Bill in question to the Council, knowing that the Council caniiot parts it, in the face ofthe Royal Instructions to the contrary, would be to practice sheer liuinbug :iiid delusion upon the people. I was not in the Ilouse when the Bill passed; but ifl litid been re- si-nt, I would not have been prepared to oppose it, on accouiito the Royal Iiistructioiis; for, I confess, I was not aware, that the in- troduction cf the Bill had been contrary to them: but I do not think there is any thing culpable in such ignorance; for it cannot be supposed. that we are at all times bound to know what are the mea- sures to which the Royal Allowance has been re use . t, tow- sver, now appears, that the Bill in question was disallowed by Ilia Majesty, King Williarn the «tth; and that, therefore, in accordance with the Royal Instraetioiis. it ought not to have been re-iiitroduc- ed into the Legislature for enactment, without express leave for that urpose, first obtained from the Sovereign. Its introduction into, and passage through, the Ilouse, was tliorefore, positively wrong; and as w at was wrong yesterday, cannot. by any possibility, be right to-diiy, it on ht to be quite ovidont to the House. that having fallen into error, t e best thing they can do, is honestly to confess it: and at once to stay all further proceedings in ii wroii direction, with respect to the business, as it fortunately happens to be in their power to do so. Mr. III.-U? ULAY. If, we do not know what to do without Ilia Excolleiicy’s recommendation, we are worse tltnn babies. The (IOVt,'I'fIfl|8III menibers ofthe Ilouite have given it as their opinion, that the necessity and justice of the measure cannot be disputed; and it is an opinion in which I fully concur. Besides, according to their showing. all that is requisite, to secure it it favourable consi- tli.-ratioii at Ilotiie, iii an exertion of Ilis llxcr-:lleticy‘a influence in support of it. which they have not licsitated to proiiiise us, provid- ed We will tidopt the course whiclt, they city, it is is wish we should pursue. But. in en , ifall that is necessary to ensure the complete success of so just and necessary a measure, be Ilis ‘mel- Ii-iicy‘s recoiiiiiietidatioii, we cantiot. for a moment, suppose, that —liowi.-vcr great and manifest the ' ' _ course may have been, and oven although we should tint just subitiit to his im- plied dii:tatiou—lie will not be so unriiurciful to as, poor blind crea- tures, as to with told his recommendation. If such it Bill had been passed into law thirty years ago, it woul have pr v the ruin of rntiny who have been victimized by the frauds ofillegnl claimants of land; and. as its enactment, even now. is scarcely less impera- tivi.-ly deiiiauded. for the prevention of siiriiliir frauds in future. every means ought to be had recourse to,which will be likely to pcdito its enactment. The Bill would unquestionably be iriucli strengthened by its receiving the support of the Council; and. wit it view to their concurrence, it sliou tl certainly be seiit up to tlietii : mid. if they agree to it, I cannot see what is to prevent their ado t- iug a course, similar to that proposed here, with res ect to it; or, I suppose, they will have a copy of IIis Excelloncy's Message as well as we. lloii. Mr. POPE. The course now proposed is. I mllllll. Nllllef a novel one; but there ciin he no impropriety in our pursuing ‘ So long as the Ilill is within the walls tiftliis Ilouse, it is under our contronl; :ind if we Iiiid. whilst it is so, that we have fallen into any iiiistake or error. with respect to it. it is not only perfectly ctltllpitlcttl to us In eiidcavnur tn ri-.ctif that mistake or error,_ httt it is our dirty to do so. It is surely tiiore honorable. at any titite. to retract an erroneous opinion, than to persevere in error. 'I‘lis old iida e says, “ A fool never clianges. but a wise man often.” Let us t on act, not like fools. but like wise men; and, having dis- covered iin oversight, I--t us aclinowledge it, and its it in our powef. niin-nil our mistake. Persuiitled that the only wise course is to do so, I heg leave to move that the Order for carrying up the Bill to tho tfoiiiicil liotliscliarged; and that the Bill he referred hac to the Committee ofthe wltolo Ilouso, with tlis view of adopting an _Ad- dress to her Majesty tlis Queen, praying the Royal leave to be given to the enactment ofsuch ii I.:iw. Ilon. Mr. COLES. 'l‘liat is exactly the iiuin and substance of my (D as motion. Mr. IIAVILAND. Aftsra Bill has been regularly passed by the House. and ordered to be carried up to the council, they have no can - stitutional power to retain, it 2 it has then virtually passed front their hands. 'l‘o n rec to the motion of the honorable the Treasurer, would be to esiiililisli a preceileiit which might roye very detrim_en- tnl to opultir rights and privileges. Suppose, or instance, that just iiiiiiieiliiitely licfore tho close of a Session, some yer important measure should he carried through this Ilouse. with tlte general concurrence and approbation of the members;and that, the business ofthe Session being supposed to be over, a number of the country members, who had so ported the measure, had returned to their homes; and that such of the rnsinbors as had been opposed to it, finding the then constituted the majority of the House. should make a motion fiir withholding the Bill from the Counci , the motion would be carried, and it Bill which had been passed with the ‘full concurrence oftlio majority of the ivliole Ilouse, and which might be of great iiiiportaiice to tho geuerel interests, would actually he abiindoned. for the tiins, and, perliupi-, altogeldlof loll. 10 ll_|9 de- triiiietit of the public interests. T is is. I tliiak, uitc uttfficient to shew how dangerous u recedent the House will establish. if they consent to the motion 0 the Ilon. the 'l‘rsasurer. But why is the House thus called upon to act unconiititutioiially attd endanger po- ular rights and privile es.’ Why, for no better a reason than this : ecauso the members o the Govsrntnent in t is Hotiso have ‘been, if not ignorant, oblivious of their duty, and to save their credit, the House must consent to stultify themselves, and betray their constituents. That the Bill in question was irregularly introduced. and has been carried through the House in contempt of the Royal Instructions, cannot be denied; but for such irregularity and con- tempt, no one has been to bliinie except the members ofthe Govern- ment themselves; and with t cm, the censure should ‘rest, s to the Message o His Excellency, it is an undeniable violation ofthe privileges of the Assembly, sad the assumption of a right ivliicli the Queen hersclfciinnot exercise, with respect to any measure in pro rear through Parliament. IIon. Mr. POPE. The Bill to which the Message has reference is not in ro was through this House. Mr. ll.-IVILAND. So much the worse. That only makes the Interference so much the more unjustifiiilile. The honorable and learned inernhcr then concluded by reading, in support of. his opi- nions, the following extract rotn a Treatise upon the w, Privi- leges. Proceedings, and Usage of Parliament. by Thomas Erskine May. Esq., a favorite work, he observed, with the lion. the Trea- Iuror. " On the Iltth November. 1640, it was moved, that some course might bstakeri for preventing the inconvenience of _|lis ltliijtisty being informed efany this that is in agitation in this House. be- foro it is determined. In t is rsmonstrance of the Lords and Coin- nioiis to Charles the First. I'th December. I641. it was declared. ' That it is their ancient and undoubted i‘ bt sad privilege. that your Itsjssty tiuglit act to taks any uotics ii any matter in sgiistiou CHARLOTTETOWN, PRINCE EDWAR D ISLAND, or debuts in either of the Houses of Parliament. but by their in- formation or agreement; and that Your Majesty ought not to pro- pound any condition, provision, or limitation, to any Bill or Act in debate or preparation in either House of Parliament. or to manifest or declare your consent or dissent, ap robation or dislike, of the lflme. before it be presented to Your iijesty in due course of Par- liament.’ " _ Thus, concluded the honorable and learned member, it clearly ap- j’°‘"'i that the only time at which the Governor can constitutional- y express his sentiments, to either or both Houses of the Le is- latt_ire,_concernin any measure which has been before them, at which is riot fmiil y disposed of. is when it is presented to him, by the Colonial Secretary, for his assent or dissent. Ilon. the COLONIAL St:ICltI:I'I‘ARY. The reasonin of the honorable and learned member for Georgetown (l\Ir. Iluvi and) is not in potiit. 'I‘lte close analogy whic e supposes to exist be- tiveeii the Queen and the British Parliament on the one hand and that of the Governor of it Colony and its Legislature on the other, III not real. ’I‘he supposition that it does, is in fact, an absurdity. The honorable and learned member is very fond of laying his con- lllIttlltln'i'll'0piIIl.t)ttI before the House; but they do not always prove that he is infallible in his intorprctatio . lllr. IIAVILAND ucli opinions, although urged upon the notice _ol_' the House by me, are not crude notio ' are opinioa_s which pass current with a quiiiiited with the laws and usages ofthe British Parliament. The tlf8,.IIl fact, the express and confirmed declarations of the Britis Parliament itsel . The Hon. the COLONIAL SECRETARY than concluded his observations by saying, that the only way to secure the speedy as- _aage of the Bill into law, was to discharge the Order for carrying it u to the Council; and. to refer it back to the Committee of the whole Ilouse, with the view_of adopting an address to Her Majesty, praying the Royal leave for its euiictiiieut; and he believed such a course_woulil be in accordance with his Exce|leacy's views, and hayp his su port. the Hon. the SPEAKER then put the question on the motion ofthe Ilun. the 'lreasurer; and the House divided ; i:as—IIonorablca Messrs. J. Pope. J. Jardine. G. Coles, E. . urtoa; Messrs. Benton, Laird, Davies, Fra- ‘ljliicncilil; lllloonay and Clark. avs—. essrs. ti mer, out orner , ' Mmfpulny’ wighumm’ Md Dani. y Ilavilsnd, Thornton, Yeo, o it was carried in the afliriiiiitive. Resolved, I‘hat the House will to-morrow, resolve itsclf intoa Cotllnllllee of the whole House, to take the subject matter of the foregoing Resolution into consideration. WIDNIIDAY, March 24. _ReiaIveil. That the Ilouse do now resolve itself into a Com. mittee of the whole House. to take into further consideration the Bill referred back.to the Committee ofthe whole House, to require Liiiidlords, or Claimant of Rents, to put the Titles by which they Clflllll. upon record, intho proper Offices of record in this Island, wttli_Ilte view ofadopting an Address to Her Majesty the Queen, praying the Royal leave to be given to the enactment of such a The House accordingly resolved itself into the said Committee. The Hon. Mr. Jardiiie took the Chair of the Coinruittce; and afler some time spent therein. Mr. Speaker Irving resumed the Chiii The lluu. Mr. JARDINI‘. reported, that the Committee had agreed to a Bill to compel the registration of the Original Grants or Patents of Lots or Townsliips of Land in this Island; which Bill being again road rit_the Clerk's Table was agreed to by the House. Ilie Hon. Mr. Jardiiie also reported, that the Committee had ogre ‘° 3“ Ad‘I"°5*'_l° lllfi Queen, which Address being again road at the Clerk s '.labls, was agreed to by the House, and is as o - A D D R E S S " T" "I9 Queen‘: Most Excellent Majesty; Mair rr PLEAIII voua lllazszs-rv; ‘Via. the Representatives ofyour Maijest ’s faithful and lo sl 0- le of Prince I-I ward Island. in Colo "y ariament IIley|llI)Il,:d, most rcspcctfull submit the inconvenience and insecurity arising from the want o it law to oblige the original Grantees, or Paten- tens. of the brown, ofI.ots or Pownship Lands, to put their Grants, Offfillenlfi. on recorfl. In the proper Otbce in this Island. Ilia frequency_witli_ which Lands in new countries change hands, and in particular_ in this part ofyour .\ltiiesty’s doiiiinions, together with the conflicting claims, sometimes of parties to the sari»--. land render an Act such as is referred to, itidispensa e. ’ I ll” A990'|{l'l_V. in order to remedy the iviint complained of, have agreed to a Iiillfor that purpose, wliiclt is herewith trunstnitted. All A‘?Is.heilf|vllg_l| title itouiewhat similar to the present, although varytu in. its principles, was passed in tho yciir I832-—t|io second of the lleign of His late Majesty King \l/illiam the Fourth-—but disallowed by the Crown. Since then, the Government of this Is- land applied to I'll‘-‘II of Nova Scotia, for Copies of the several Ori- gjllttlthfllllll of township Lands of this Island, recorded in that I "‘“.l"08- previous_to this Colony becoming a separate Government; and incurring coiisitleriible expense and aortic trouble, they obtained Co has of those (irants so recorded, an which w ' it o the Public Records of this Island; by the addition of which to those previously recorded, the great _mnjority ofthe Original I‘atetitii frorii the Crown, are now recorded in this Colony. But a few Proprie- " Townships Nos. Eight (8), Twelve (I2), _ _ Iwenty-five (25), Forty-four (H) and Forty-six (46)., still continue tp withhold the recording of their Pntonts in the Registry Office of this Colony, which is doomed essential to the security of property, and the contentment of the People residing thereon : The Assembly, therefore, humbly submit, that those Proprietors, above enumerated, ought to have their Origina Grants from the "hey further most humbly submit, that a re- quest so reasoniible, WItIC.Il.t.It)eI not infringe upon private rights, and _connidered requisite in matters of reference, when d - pares arise between parties, ought no longer to be withheld from this aland. BItty. it therefore please your Majesty, to cause instruction; to be transmitted to the Lieutenant Governor c this ‘olony, that it is 'our Majesty's pleasure, the Bill herein referred to, be passed intoa iv C Orrlerril. That the said _Bill and Address be engrossed. Rcsolreri, That it Committee be appointed to prepare an Address to His Excellency the Lieutenant Governor. praying that Ilia Ex- cellency will be pleased to forward to Iler Mnjesl ‘s Principal So- crctary of State for the Colonies, the said till an Address, for the purpose of being laid at the foot oftlio '2 menu. . Ordered, That Mr. loonay, Mr. Davies and the Hon. Mr. Jar- (IIIIG. do compose the said Committee. iiililbiffllfltttflttfi. (From the London Times. Dectcmber I2.) uirivariuit. IUTIRAGI iron-rt.a ro rlaunox. _ From the assent given to Louis Napoleon's usur ation b mil- lions of votes, we draw a most iin rtant lesson. I demonstrates beyond all argument. that universal suffrage, which secures rio- lllltllti on not even secure the maintenance of freedom. The passions of social democracy are certainly not extinct in France, for they constitute the principal elements of her present national character; but those democratic passions are not necessarily or con- stantly allied to the love of free institutions. In truth, where the principle of polar omnipotence is absolutely and unconditionally recognised. t_ at powsr may be employed, as in the present instance, toabdiciite its own fiiactioas, and tr) rivet its own chain. ho masses of tlis p.qpulatiori may be sodistracted by fear. or duped by - aatrpy by enthusiasm working a i aoranoe, that, losing all direction and correct jpdgmont, they em race the very thing which in clearer moments t ey most nbhorrcd. In ot r words, tbs chief security of free government has not in the nume- rical fogs pf tbpdgjultigds, but ip the strong moral and independent action I in ca uppcrcsssss. it may even occur, as is ow tbs sass is I-‘rasss. that whatever sttsotiiasut to suustltatisiial TUESDAY, MAY95, 1852. N0. 1159. government lingers among the higher classes _is absolutely crashed y the voice of a popular majority. Nor is this fact, though it asstns paradoxical and strange to the shallow politicians who identify fres- om with democratic institutions. at all inconsistsiit with history or with reason. It is the old spirit of the lauiirorii of NiipI_es de- manding the restoration of that absolute power which the intelli- gence of the country had laboured to overthrow; it is the cry of “ Viva el Rey nstto." which more than once greeted a Ferdiiiand from the populace of l\Iadrid. and which armed the rural districts of Portugal in favour of Don Mig It is not, by the lowest classes. especially in countries were education is rare, that the great blessings oflibcrty are most fondly cherished, and the tiiartyivlotn o oppression tuost impatiently endured. contrary, popu- liirity often acompcnics successful force. Governments of the uiost despotic character may sometimes in one sense be term popular, they rest on popular superstition in favour of absolute authority, though they crush every thing between the army that surrounds the tbroas and tbs populace which supports it. This is the preseiitcon- dition of the Russian empire, this to a considerable extent the con- dition of the Austrian empire in its provinces of Lombardy. Galliciii, and Hungary, where the resistance to the Government cornea chief- ly from the aristocracy and the town. This will probabl _ be for some time the condition of France. It is by no means di cult for a Government, jealous of every species of libert , to conciliatc the classes whic are numerically the strongest. ihcrty of the press is of no account to men W n it er writs nor rcad. Liberty of tlis person is of little moment to citizens too o are, to have the mea- sure of their daily toil broken in upon by tbs suspicions of_s powerful Government. ' axation may be so adjusted as to throw Ill hcayieat pressure on the educated, the independent, and the rich. Military conscription and forced labour are, in fact, the only. burdens whic l fall with extreme severity on.tlie poor rural population of military States under despotic rule. ' ‘ Po ular measures have not only no necessary connexion with political liberty or constitu- tionat Government. but may literally be used against it. Supposing the recently emancipated serfs of Russia or Austria to be invested, as the French peiisiintr have been. with universal suffrage, it is highly probable, that t is power would be used by them, pot only it ainst the interests of the upper and middle classes, but in ftivullt‘ of a very absolute form of supreme authority. This tendency may he distinctly traced in the actual course of events in France. _suica the Revolution of February, 1848: for each successive exercise of the elective power, has been ii stronger protest than the last, against the principles of liberal government. The Lotistitueat. Alaetiibly was chosen under the influence of an extraordinary pnlllc. belch!‘ cued b M. Ledru Rollin‘s emissariss and by the electoral tricks of the Ilepublican clubs; nevertheless. the iniijority returned was y no means favourable to the extreme doctrines of the revolution- ary faction of that day. The election of the 10th December.‘ I8-t8. was still more decisive, for the French pco ls chose, with instinctive unanimity the name iriost hostile to libero institutions, and most allied to military power. The Legislative Assembly elected in 1849, has been covered with abuse by many of those who profess to be the defenders of free government, and we do not dispute, that many ofits acts were of an arbitrary character. But. whatever the Legislative Assembly of France might be, this much _Is certain, that it was the ure product of universal suffrage; and it fell_iiito disreputo much more from the impediments it opposed to thc direct action of the Executive, than from its indifference to the rflghta of Lastly, the Assembly is dissolved by arrant treachery The men who stood foremost in tiiilitary renown, in civil government, and in the eloquence of the senate or the press, are crushed by the Executive power-, the whole thought and speech of the nation is intimidated or silenced; but to sanction these mea- sures Louis Napoleon appeals once more to universal sutTragc, and the vote of the masses is to complete the subjugation of all that did honour to the country. It is impossible to arrive by a closer series of facts and process of reasoning at the conclusion, that the tendon- cy and effect of universal suffrage in France have been to establish absolute power, and to destroy all the intermediate libertiel of that nation. A despotism thus founded by the artny, and thus supported by the peasantry and the populace, must. necessarily prove the most absolute form of government that has ever existed; for the moral force which resides in the educated and independent classes is effectually disjoined from the regular forces of the State, and controlled by the numerical force of a po ulntiori to whic it seems the very existence of free institutions is not onl iudificrent at repugnant. \Ve aflirm, then, the proposition we undertook to prove, that universal suffrage does not secure the maintenance of freedom, and may even be used against it A Ritruitrtun MoitiiroN.—Tho Swansea Herald (F-nglarid.) contains the following letter, just received from a Welsh miner named Evan Powell, who embarked last year, with his wife and family, to join the Mormons in America. It is dated St. Louis, Dec. 7. The deluded victim says- Myself, together with my wife and child, have been ill hero for five months, and now I am somewhat better, btit I have lost all my comforts, for I have buried both wife and child. in the same grave, in Illinois. I am now living at Missouri. It is very unhealthy here, and I beg you to use all your influence to persuade my friends to stay where they are, rather than suffer themselves to be bliiiilfoldctl into such a system of rot.-uery and plunder as Mormonism. It is nothing but a mere liumbug—I have fouiid it so to my heart’s sorrow. It would have been better for us. not to have been born, than to have come here to be Mormons. They will take all from you at home, and starve you when yoii come here, if they have the chance, and take your wives from you. Their chief. Bingham Young, has twenty-four wives, and nineteen of them have infants at their breasts at present; so those lower in oflice than he, have a smaller niiiiiber, in proportion to their office, according to their station. Some have fourteen, some seven, atid others di.'Y'erent numbers. And now they are trying their best to insult the of- ficers of the United States, who have left their places and gone to Washington, and as Congress is now sitting, we shall hear what it will do. The Mormons are very unkind to one ano- ther. I had to dig my wife's grave myself.—Slie bad a decent burial, but the Mormons did not put their hands to help ct all. The men who gave theta so much money, had promises of land and every thing else when they reached here. l;.it they have been left to die in the workhouse. I wish to tell you also. the Sabbath is no more regarded here.than any other day.—'i‘hcre is gaining of every description here on the b'abbath—oucli es horse-racing, rolling the ten-pins, playing cards, &'.c. , a id the leaders ot' the Mormons indulge in these to a great extent, together with dancing, swearing, and everything else that is oyond decency. Tut: Fiaoir-r or 'I‘tita.—In reference to the flight ortimc. Dr. Spring once closed a discourse in the following graphic lan- “ I shall never address this audience aaain.—I shall never again meet them, but at the bar of God. That interview seems indeed for distant. But it will be as soon as Time, with his cattle wings, shall have finished the little remnant of his short career. “ After death the judgment.’ \Ve die; but intervening lgcu pass rapidly over those who sleep in the dart. ' ‘here is no l'1'?.‘.?i'li'§".i.".".‘l.'l'°§'.Z1f5"}I.'§'3T.",.‘l2I.‘i.I’f ‘l."?.'%;i. ’3..°.lZ"‘.i'.2l2 periods are hidden from ‘their Eight. l Its fliglitriu nor longer it ticed by the events creeivc by t to causes, .-..- 1.: car is dial‘ and the eye is clolited. be busy world ct‘ life, which wakes at each momin and ceases every i.'ia.‘it, goes above them, but to them all is silent and unseen. The grceéwgs of by and the voice of‘ grisl',tlis revolution of ciiipi.-cs and the “.’~'°..".'r.'.'.°}'. ""3 '° '°““i2' "'l.'i" ".'i'i' -'.l“i§‘°‘.”i.‘§’."'..i Ti?‘ ra to acts iou ars roug an at y e c ' c inscription upon their inouuivientsl iriarlils tall: the csntiiiics that liars p aiva ; but by ilis sleeping dead. the long intsrvsl I9 unobserved. Like the dream or‘ night, with tlis quick- neas of thought, the mind ranges tiiiis and space without a limit. There is but a moment between the near whoa tbs eye is closed in the grave, and when it tubes to iasyas'gIsat,"