A WEEKLY JOURNAL OF POLITICS, LITERAT

eS Th a. LS ce ee Se eo ee

URE AND NEWS,

EDWARD WHELAN] This Peay

ny ee ee --- — Be ee

Colonial Legislature.

~

ES ETRE LA Se aR aE: gun ee

| depasited with the Government, and that they be protected from, ‘distreint for the arrears of rent until the land question siould “~~ ibe seiled. Such a recommendation as that is enough to put | the country into a state of turmoil from one end to the other; and what, | would ask, tan be imagined more disastrous to the people than the adoption of the suggestion. behind hand in their rents, and then the proprietors. could at

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

Mr McInrosu —It is @ singular ides, Me Chairman, that a| Such a course as that would, I think, be trnly holding out “a reduction in the price of land 1s against the interest of the pur- will o’ the wisp ”.to the people. (Laughter. chaser. | do not see that the difference im the amount of the Mr. Cooprr.—Mr. Chairman, the hon. aes of the Go purchase money deteriorateathe quality of the land. I presume vernment has paraded before the committee all the despatches

that remains tie same as before the purchase. But perhaps the | he could find, adverse to the establishment of a Court of Jion Col Treasurer may heave directed all his stiention to the |

interests of the proprietors. For myself, | feel it ta be my daty | ae and hon. member for Charlottetown (Hon. Mr. to endeavour to protect the interesis of the tenants. ‘They need | a mer), argu to shew that it could be established, but all we can do to relieve them from the burdens which injustice | that it was not expedient, inasmuch as he thought it would has naposed apon them; and | think the proprietors have often | be productive of evil. But if we look at the original grants, shewn that they have influence enough to guard their! I do not think we need anticipate from the forieiture of the own interests. | was surprised to hear the hon member for | Jands, greater evils than those which the country has sus-

, 4 ) Q j % . . . . . Charlottetown (ton Mr Paimer) ack where were — look tor | tained by their having beeu considered in force. ‘The inten- a fair jucy ? Dear me, where are all the men gone? (faughter.)

But, Mc Chairman, bam content to leave the question of titles | i of ee te was _ the Island should be settled in to the decision of a jury; L think it will be found to be as fair|° Proportion of one settler to every 200 acres of land ; a3 any other tribunal, iv was time allowed for such settlement, and the people

Hon Cou Secretary —Mr Chairman, the handbill to which | were to be settled, not as tenants, but as freeholders, for allusion has been made does not mention the word “ Escheat,” | they were to improve the Jands, and rent would amount to

nor does it contain a single sentence to warrant the belief that | nothing more or less tham interest on the improvements they

Escheat would be advocated by the inberal party. My hon’ nicht have made. There are too many individuals who have

colleague, Mr Laird, it trae, admits the practicability of the | vot the le‘ under their control. withot \ gue, peo out any legal or measure, and | regret that { have not bis support on the present | ° P ’ y ig

vceasion. | must do the hon member for Princetown (Uion Mr woeeet a to the claim to the land. The Hon. Col. Sec- Monigomery). the credit of saying, that he has been pretty con- | "etary Says he 1s anxious to pass any measures calculated to s stent In his views on Mscheat, for | believe it was his support relieve the tenantry, but when the Tenants’ Compensation of Escheat that first brought him inte the Honse. [| perceive Bil was before the House, I wished its provisions extended that he and the hon mcu.ber (Mr Cooper), prick up their eons | all classes of tenants, and he opposed my views. ‘The ‘tike hounds when they hear the sound which tells them that the | Government have it still in ‘their power to bring ina Bill.to

gate is efoot. es oo a ay chsaetmneesat settle the lands on the terms of the original grants—that is, 2¢| ‘ . y the hon member fo harle ‘ j mR: . cy ee an ede That condition is still in

tong worth), that a Couavy er Escurat has never been asked jane settler to every 200 acres. fof. E think f can easily prove to the committee that that | ree, andthe argument deduced from the traysfers of pro- siatement ia not correct. We find in the preamble ta the Bill _ perty cannot affect the continuing obligation of setuing one passed in 1837, which [ read before, the recital by the House | person on evcry 200 acres. . According to the returns of the of Assembly, that © [lis most gracious Majesty had been pleased | census taken in the year 1832, which [ have in my hand, I to disallow “the establishinent of a Cover oF Escue aT ta this 'do not pnd a single Township ln the whole Island having the sland.” ‘That is certainly ar admission that it had beew &p-| number of freeholders required by the grants. Township No.

ylied for, and that the flouse considered it unattainable. An 7 we . t ad 96 ‘ one in 1842. on.the Escheat resolution, the House of that | s the highes , and had 99 freehpliers ; and the next

# ‘ . . . day decwed in NpposivieRn ‘a Lord John Russeli’s despatch Wm | Was er 28, which was returned as having 94 ; 1841 ; and ove of the resolutions stated that the decision at | the rest range from 1 to 70, and several of the lots had not which the British Government had arrived was in opposition to one settler in freehold, and many only two or three, or per- many previons Acis and records, and among them, to the Act | haps half.a dozen. The result of Escheat would not be of 1832, intvnled * An Act to encoorage the settlement and authorising the Government to rob individuals, but to induce rmvrovement of lands tn this Island, and to reguiste the pro | the settlement of the country in accordance with the terms <vedings of a Count of Escuzat therein.” Tuose resolutions lof the orizinal grants,

were carrid by a moejoritys but4he bon men ber voted against | Hea: > ml Lorp, Mr. Chairman, L-have listened for a long them,and by so doings put his opinion ayainst the establishment | time, with all the gravity and seriousness of which I was ot a Court or LschratT on record, And agaia, in the extract | ‘eapable, to the discussion which we have had to night, and. previously read from Sir G vorge Grey's letter to the bon em ee Not wonder at the fresh vigor which has bkan infused ber (Me Conper). it ts exoressiy stated “ O° it is not the en | into the debate, after the remarks which have been made by tion of fer Majesty mle 8 pete a weer general COURT | 4). Hon. Member for Charlottetown, Hon. Mr. Palmer, or Escurar ia the fsiand ; Now, Mr ¢ ety ta the hou | hich certainly have a tendency to keep up the excitement member (Me Longworth) will ell Fort, norwiths andit g this} oo this question throughout the Country. He has stated evidence to the Contrary, that the estabies hexent of a Court or that he was opposed to escheat 20 years ago, and is so now, Lscmeat lis never been aguated in the Island! Notonly is (as a matter of course. But now that we have Responsible the contrary the case, but the hon member voted against the | Go ornment, the British Government must assent to escheat, Court. And Lask whet language can be plainer, to express the |

oomion of the Legislature of the Colony, and the decision of tLe British Goeernment on the question of aCourt oF Escurar, The bon member for Princetown (Ilon Mr Montgomery), says the question was submitted to the consideration of the Reform | Association. ‘That association did vot agitate the qrestion of Pachest. here were plenty of reformatory measures which required the attention and influence of that society, and the as

svciation might well Voubt whether Escheat would be a reform ormot. And now. Me Casirman, with reference to the ex'raor- |

dinary speech of tae hon member for Charlouetown (ffon Mr ‘very measure he intends to yote against. How well it will Palmer) althaugh T agree with the conclusion to which he has) i609 jn the newspapers! What contradiction between the arrived, | was indeed amused at the manner tn which he | speech and the vote!. This is indeed “ running othh thie treated the euhject Ele raninded me of two or three young | hire and hunting with the hound.’’ But I think that fellows going to rob a hen-oost, (Laughrter.) ‘The bon mem-| Hon. Member has done a serious injury to the country by

ber Jaid great atress on the fect that the Bill for establishing a) 44,4 speech he has made to night. It will go far to encourage <Jourt of Eecheat must pass throdgh the Legislative Councii—

then receive the sanction of the Lieut Governor.

will not support it, but does all he can to induce others to vote | believe that the agitation will only prove injurious to the for it; asa boy mizlit say te his feilows—* Oh, { cannot rob

Colony and disquiet the minds of the people for no practical the hen roost, it would net do for me to be seen on such a \result, for although the Ion. Member says the British Go- business, but you can go,and | advise you to do sea, and | hate

no objection tw participate in the plunder.” (Laughter)

have ov doubt thet the hon m¥inber can find out many grounds! pon, Mr. Parmer, Mr. Chairman, the Hon. Member who of wh.ch he will avail hidself, to try and recover the Attorney | hag just sat down states that he listened to the debate with

Generalship. [fe will endeavonr to tickle up the hon member | 99) ¢he gravity he could call into requisition. TI believe him,

(Mr Corper), and induce him to agitate this question, until for T never saw him so grave in my life, and pretty good ultmmately,in the confusiow st may create, he and his friends} reason he has for his gravity. (Laughter.) If he is dis- may obtain power and place, But, Sir, the Government have | pieased at the observations Ecositaniae submitted to the taken their stagd on this question, and |agree with the hon | Cominittee, I can not help that, as I stated that I thought it measher (Hom Mr Palmer), that if Escheat were established it | probable that my speech would not please either party, and would not affect the original proprietors, as the lands have now, | pee readily imagine the reason why my remarks were dis- In 80 many instances, changed hands. And cas those changes \ tasteful to the Hon. Member. He knew that I could take a have, lo a great extent, been made on the faith of ike despatches | ppeater latitude, could take a wider range and treat the sub- of the British Government which I have read to the committee, | ject with more freedom than he could, being as he is, fettered and of others, with which | have not thought it worth while to by his position as a-Member of the Government. ‘Ihe Iion. trouble them. I do think. it would be au act of the | Gol. Seeretary has said, that my remarks originated in a yrossest injustice to the present owners to deprive them of their , desire to turn out the present Government. ir, however properties at this day. The faith of the Home Government has desirable I may conceive a change of Government to be, yet been so repeatedly and s9 explicitly pledged io the proprietors, if my conduct to night were guided. by any motive of that. that a deviation now from the spirit of its repeated deciarations| nature, I should adopt a totally different course from that on this subject would render Great Britain a bye-word amony | which I intend to pursue ; I should, in that case, vote for nations. The effect of such a breach of faith would convey a the resolution. But, Sir, suppose this resolution carried, reproach which would never be forgotten. Suppose, Mr and the present Government overthrown, can it be supposed Chairman, that the present Government, anxious to prevent a that I would come in and join a Government in carrying snajority against them on this question, Jent it their aid, or out a measure, which but twenty-four bours before [had offered no opposition to the resulution, what, | ask, wonld be denounced. The Members of the Government feel that they the result? Why, Sir, the measure would affect not only the ‘are in an awkward position in dealing with this question. large proprietors, but no distinction could be drawn between | Thank God, [have not two masters to serve, I can vote on the owners of large tracts and small lots-— between the proprie- | this matter independently, but ‘the Government know they tors of 10,000, 1,060 or 100 acres. ‘fo obviate that difficulty. must oppose. the resolution of thefiion. Member, Mr. Cooper, you would have to bring ina partial Bill, aud then we should and that their opposition will damage them with the people have the ery of “class legislation.» Let the committee con- ,and probably cause them to lose their offices. The Lieute- sider the lapse of time that has oceurred. Why, it is now more | nant Governor, from what I know myself, must fee! an than thirty years since the indulgences were granted, and that interest in the question, and will* doubtless use his inflaence nione ought to give a title by possession, As to myself, Mr to maintain the rights of property, and his Government (chairman, I repeat that [ never pledged myself to this measure, must accordingly present a compact front in opposition to and if we cannot carry on the Government without holding out | the regolation, no matter what may be their individual

to the people hopes of measures which cannot be obtained, || wishes or opinions. here is the reason for their votes, and say let the Government be scattered to the winds,

despatches from the Colonial Minister are but waste paper, not worthy of our notice, not even entitled to our considera- tion, that they do not convey the conclusion of the Byitish Goyernmewt, and he winds up his speech with the intimation that the lands may srobebly be escheated. Now, I would

have the resolution of the Hon. Member Mr. Cooper passed,

He himself |

{whether they mus er not, they will not. (Laughter.)

tenantry of the Isiand, which I have carried through the House. | that they countenanced the idea that they would support I will instance the Education Act, which enables a man to) Escheat, and in proof of that they tell us that the word educate a family of eight’or nine children, at an expense of ** Escheat’ is not mentioned in the hand bill that was only six shillings @ year; the Land Purchase Bill; the Tenants’ (circulated by their party; certainly it is not named in that, Compensaiion iil; the Bill to prevent the landlords dragging | and it is not to be supposed that it would be. No, no, Sir,

—— ee ee SE SE ES BED SS

They would get; Mr. Cooper; they did not advise that it was expedient, my | Opinion as to the constitutional right to such Court is the any moment Come in and take the last hoof from off their farms. | sue as theirs and of all legal men.

whenever we declare that itis our wish to obtain it; that

like to know, supposing the Ion. Member wished to

and escheat established by law, what greater encouragement | he could give than he has afforded by such remarks to the

the agitation of this question, going abroad as it will under | the influence of his authority. J oppose the resolution, as [

| vernment musé grant escheat, Iam very well convinced, that

I can refer, 1 think it will be admitted that mine is based on different! with pride and pleasure to many measures beneficial to the and far more creditable grounds. The Government deny.

_ at a

dvise the Public, may speak free ——euripmes.

CHARLOTTETOWN, PRINCE EDWARD ISLAND, MONDAY, APRIL 23, 1855.

is in perfect accordance with those of the former Attorney ; \and Solicitor General, which was read by the Ilon. Member

Hon. Mr. Wiuetan.—Mr. Chairman, as this debate bas been protracted to alate hour, it is not my intention, in ofigging any observations on the question, to occupy the attention of the Committee for any great length of time. I have understood that the Ion. Member, Mr Cooper, has sub- mitted his views tothe Committee through the medium of a written document, and I must express my regret that I was not present at the commencement of the debate, in order that 1 might have received the benefit of all the information that Hon. Member, could afford, through the means he has adopted to convey it to the House. When some time since, that Hon. Memberasked me, in conversation, what were my opiniois on the subject we are now discussing, | stated that I should, pre- viously to voting on the matter in this House, listen with al! the attention of which I was capable, to the arguments that might be adduced on both sides, but that my then impression was, that it was inexpedient to censiitute tie Court which is the object of the resolution he has moved.—Some weeks ago, Sir, there was a meeting called of the constituency which | have the honer to represent. At that meeting, alihongh not specially invited, T thought it my duty as representing the district to attend. I wear to it, and several questions were pul to me ads to the views and probable action of the government on the subject of the Fishery Reserves; and the question of “scheat was fully gone into. 1 explained to the people present. at the meetng, the views of the local government on the Reserves, and quoted portions of varions despatches and other documents to show the decision of the Imperial Govern- ment in opposition to the establishment of a court of Escheat: and I asked them if they considered it advantageous ur desirable to assume an attitude of hostility to the British Government fend 1 convineed them of the futility of the Agitation even if it received the encouragement and approval of the Executive Coun- cil and the Lieutenant Governor himself. La arriving as the conclusion, which I have come to on this subject, I need scarcely deelare that my mind has not been biassed by any regard for the proprietors. ‘They have never been friends of mine, and my | past history will show that I have never been their advocate Ln the views I shall express this evening, 1 am, 1 ean assure the committee, unbiassed, save by a desire to have tie matter settled, Without exciting or encouraging an agitation at once useless as far as the attaininent of is professed object is conceroed,, and mischievous in its effect upon the minds of the people. The first thing that attracts my notice inthe discussion this evening, is the singular manner in which the resolution of the Member, Mr. Cooper, is worded —It states: “ Whereas Her Majesty has been graciously pleased to give her assent to an Act for the purcuase of Land on behalf of the Government, aud it is provided in the Fifth Section, that it shall be the duty of the Commissioners 10 investigate, or cause to be investigated, the "tities of snch Lands, and make a report of the result of such examination or investigation to povernment ; and whereas the titles to snch Lands were to have been made perfect by the performance of certain conditions. Resolved, therefore, that a Court of competent Jurisdiction be appointed to investigate and decide upon the titles of all Jands liable to forfeiture, and also to try the fraud in practice, to make British subjects tenants upen forfeited lands, instead of aliens, as intended by the grants.”’

Now, Mr. Chairman, I must state my opinion, that this Resolution is an evasion of the (uestion, and does not bring up the subject of Escheat fairly and honestly before the House. This Comuittee is constituted for the purpose of ascertaining the opinion of Members ifa Court of Escheat ;ig: to be established, bat the Resolution purports to be | based on an assumption that the Government have omitted | to comply with the spirit and provisions of a particular Act —the Land Purchase Bili—on the assumption that the Government have not investigated the titles of the Worrel| Estate previously to the purchase of the property. Now 1) will ask the Hon. Member who introduced the Resolution | if he can say candidly and honestly that no such iavestiga-| tion has been made? Does he mean to say that the Covern- ment had not a report on the validity of the titles before them, prior to. the purchase of the property? Me knows that yesterday “the opinion of the Tion. Attorney General was laid before the House, on the subject of the titles, and I say, Sir, that opinion, and the investigation on which it was based, and of which it is the result, are in strict accord- ance with the provisions of the Land purchase Bill. Does the fifth section of that Biil contain one word about the Establishment ofa Court of Escheat? { will read from the} section: ‘*It'shall be the duty of such the Commissioner | of Public Lands, from time to time, when any such tender for | the sale of Lands shall be referred to him by the Lieutenant Governor in Council, to examine into the same and the descriptions and particulars thereof, and io investigate or cause to be investigated ihe title of such lands, and he shall make a report of the result of such examination and investi- gation to the Goyernment.’’ While the negotiations for the purchase of the Worrel Estate were in progress, the chief legal adviser of the Crown made the requisite examination, | and his report, which the Commissioner of public lands of course adopted, was submitted to the Government previous- ly to the purshase having been concluded. ‘That report is on the Table, and it proves that the premises on which the resolution is predicated are not correct, and as a necessary consequence, there is no justification for the Court he seeks. When the Committee was proposed, the Hon. Col. Seeretary asked mie my opinion as to the most desirable mode of pro- ceeding. I suggested that it would probably be as well to wait for any resolutions which the Hon. Member, Mr. | Cooper, might introduce. I shall offer in opposition to the} resolution he has moved, one hastily drawn up by myself to the following eflect :—

b

“* Whereas by various despatches from successive Secretaries of | state for the Colonies it has been shown to be the fixed and unalter- | able determination of Her Majesty’s Government to abstain from | any investigation into the conditions af the original Grants of Town- | ship Lands in this Island, Her Moajesty’s Government having) stated that such conditions were fulfilled as far as practicable—and | whereas to agitate the question of Escheat, which is almost univer-| sally deemed to be a necessary forerunner to the commencement of the investigation referred to, would lead to “unsettle the minds of the tenantry of this Colony, without producing the least beneficia! result, owing to the positive refusal of Her Majesiy’s Government

to sanction the establishment of any such Court of Escheat— | and whereas this Committee have every reason to believe that the | great majority of the population of this Island are satisfied with the | Law passed in 1853 for the purpose of purchasing the interest of Proprietors in the ‘Township lands in this Island, as the easiest | and most effectual mode of setiling the long vexed questiom between |

landlord and tenant, and that no sach extreme measure as an)

Fscheat is now expected by the majority of the population, Re- | solved therefore, that it is inexpedient and unnecessary to appeal again to the Imperial authorities for its sanction on bebalf of a meustre so long agitated and so‘ firmly rejected by Her Majesty's! Government.”’

~~ Se

SRE 2ST wwe tae Sa SRS A eee a re ° . ‘ } the same. I never considcred that a Court of Escheat Was |

angonstitutional, but I oppose it, and have opposed it, on | the grounds that it was highly inexpedient, and that Opinion |

' Otice holders.

[EDITOR ‘axn PUBLISHER

must say itis the most extraordinary and indefensible doc- trine l ever listened to within the wails of this House. What, Sir, a-cespatch not the expression of the will of the Government? Not to be considered in a higher light than as a mere declaration of personal opinion’ On what, I would ask that member, is our constitution based ¢

Hon. Mr. Patmer.—On Responsible Government. .

fon. Mr. Wureian.—On Responsible Government!“ I thank thee, Jew, for teaching me that word.’’ (laughter) But is not Res- pousible Government itself based on a Despatch? (oh oh,) Hon, members tnay ¢ry **oh,’’ but I maintain that all our Colonial Con. stitutions are founded on Despatches from Colonial Ministera.

Hon, Mr. Patmer.—Then a Despatch may take it away again, ;

“Hon Mr. Waetax.—The Hon. Member for Charlottetown went farther, and stated that it was the duty of the Government of the Colony to resist the Luperial Government, that the understand- ing between that Government and the proprietors was not to be considered as an obstacle—that the Bill having once received the saucuion of this Llonse, and of the Legislative Council, and then been approved by the Lieutenant Governor and the Executive Council, must, as a matter of course, be allowed by the Britich Government. Why, Sir, f may well express surprise at such opinions and assertions coming from such a source. Why was it that the Bank Bull, which had all those aids, did not receive the royal assent?

fion, Mr, PaLMen.—Because it had a suspending clanse.

Hon. Mr. Witetan,—Does the hon. memeber mean to s1y that we should pass a Bill establishing a Coart of Escheat without a suspending clause, and that, if we did, the British Goverament would allow its operation ?

Hon. Mr. Loncwortru.—They would have to.

Hon. Mr, WuHeLan.—lIf, Mr. Chairnian, the Government of the Colony have the power, as asserted by the two hon. members for Charlottetown, I would like to know, why, when they were iu power, they did not constitute the Court?

Hon. Mr. Panmer.—Because it was against my priuciples.

Hon. Mr, Wueran.—Yes, and I suppose it was against your colleagae’s principles too, notwithstanding his speech to night in tavor of it, (laughter). Having now, Mr. Chairman, notic- 4 the more prominent members of the minority, I will tar {this side, and | shall notice in the first place the Hon. Membce:, Mr, Laird. Ife stated that under Respousible Government we could obtain the establishinent of the Court. Now, in the name of con- mon sense, what connec:ion is there between Responsibie Govern. ment and the establishment of a Court of Escheat? I weuld ask that Hon. Member, why. entertaining such epinions, he was #0 quiescent from L851 to 1855? Responsible Government was cen- ceded in 1551, yet no syllable was heard from the Hon, Momber in favor of Escheat. He must assuredly have been guilty of a gross neglect of duty in not bringing it before the tlouse, if he deemed it so essentially necessary and so undcubted!y a matier of right. I shail now, Mr, Chairman, notice a remark or two which were made by the Hon. Member, Mr. M‘intosh, and in the first pface 1 must. admit that he has paid a high compliment to the people of the Island, his own constituents included, when he designated them ** bastards.’’ I doubt not that the term will be wery popular, and that the Hou. Member’s courieous appellation will be duly acknow- ledzed by those to whom it was applied. (Laughter.) He has made allusion to some imaginary case of turning out one set of Land Agents te make room for another. Now, if he means by that to coa the idea that the present Government are land believe that he is stacere ia making the iasip ‘There ia not a single Member of the Goveruwe prietor, with the exception of the Hoa, Col. Treasu ilon. Member himself must admit that that gentleman is in every respect worthy of his high position in this @ouse and in the Government of the Colony. flow unfair is it for the Lion. Member to say that the people have derived po. benefit from Responsible Government—that the only difference consisis in a mere change of Does that Hon Member forget the measares the liberal party has carried from 1851 to 1855? ts the e>tension of the frauchise nothing? Is the opening of the ports a measure so unin- portant and so unproductive of benelit that it has escnped tbe recol- jectionef the Hon, Member? Cannot his memory suggest the pass- ing of the 1-9th bill, the Education Act, and many other Acts I could name, which the liberal party have carried? Why is it that after being pledged as was his colieague, to support the liberal Govera- ment, he now says ‘that the only difference between that and the Government it superseded is a change ia the individuals holdiag the reins ? Sorry indeed Tam, Mr. Chairman, to hear such expres- sions from a gentleman who has hitherlo uniformly accorded his suppoit to the present Government, and equally did I regret his assertions that Hon. Members were speculating in lands.

Mr. MecInrosu.—I said ‘1 had been told so, andiT aia afraid [ shall have to believe it. (Laughter)

Hon. Mr. Wartan.—Then I should hike to know on what grounds the hon, member bases his’ belief. Is there, in the purchase of the Worrel estate, any thing to justify his be- lief. He knows there is not. And yet does he hesitate to adduce such charges at the very time when he eanaot bring forward a shadow of evidence to substantiate them; there should be at least some slight appearance of fact—something at least, which might give the imputation a character of pro- bability, no matter how faint. Look at the etleet of such remarks going abroad to the country from the pep of the Reporter. I must say, that the remarks he has made to- night are inconsistent with the opinion I had formed of his character, Another opinion he has expressed deserves some notice at my hands. He has stated that a Court of Escheat is our right under our constitution, I ask him where he finds the authority for that doctrine? Is it to be found in the despatch of 1851, by which Responsible Government was conceded to the Colony? Our constitution is based upon a despatch from Lord Grey, which gave us the principle of responsibility to the people, ou the part of their rulers, and

—o

which was conditional on the settlement of the Civil List -

Bill. In that despatch not one word is to be found on the subject of a Court of Hscheat; on the contrary, there issued from the same office, almost at the same time, the s0-Calied “bloody despatch.” Will the hon, member say that that des- patch forms part of our constitution ? Ti is no more a part of our constitution than the ecoustitution of China. Now, Mr. Chairman, I must leave my friends on my left, though sorry to part with good company, (laughter,) and turn once more to my right, and T shall take up the remarks of the hon. member for Princetown (Hon. Mr. Montgomery). I must say, Sir, that he has alleged a most extsaordiuary reason for the vote: he purposes to give. He states that the question has been the subject of general agitation throughout the country, and that individuals have been going about the country exciting the people by instilling the hope that Escheat will be granted, and that he will vote in fayor of

the Court to test the question. Now, Mr. Chairman, [deny |

that persons have been sent through the Colony on the errand he bas alleged, and I affirm taat no agitation of the question was got up by the liberals for the purpose of obtaining sup- port a® the lest general election. ‘hose statements ‘were ade by the party in opposition and the press which supports them. But [ defy them to adduce proof of their assertions. Who are the liberal members of this House to whom those charges will apply? Task him to name. No, Sir, he kuows

rer, and the ~

the lenants into the Small Debts Court; the Bill for the protec-) it is not in printed papers, nor on public platforms that we

tion of tenants, in cases of distress; the One-Ninth Bill, and the Franchise Bill, And in addition to those, there is the pro- posed tax on the proprietors’ rent-rolls. Those measures are all of @ practical characterpand will work positive good to the peuple, while Escheat is unpracticable, and, as [ said before, the agitation 13 not only useless, but positively mischievous, as exciting hopes which cannot be realized. Why, Mr Chairman, | look at the advice given to the people by the hon member (Mr

Cooper) in his published pamphlet. In that pamphlets a re- coramendation that the Lieutenant Governor be requested to have whatever amount the tenant can pay og account of rents

expect to find such statements put forth to the world. But, letters traverse the whole Island, and what is easier than quietly and generally through the medium of letters to pri- vate friends, to bold out the expectation of free land, if once they were returned to the House, This is the way in whieh the seeds of this agitation have been planted, an of the Government must not be surprised, if after sowing the wind, they should reap the whirlwind. My course oa Escheat has always been consistent; I have entertained and expressed. the same sentiments year after year, and my saswer to the Hon. Mewber, Mr. Cooper, bas always been

Members’

ga OF ri 1 * ‘single individual among the supporters ei In moving that resolutien it will not be necessary for me | he cannot name a single individ 6 Pe

to take up the time of the Committee, after what bas fallen the Government in this House who a ed oe a from the ilon. Col. Secretary. I shall, however, make one or fain induce the people to believe. ith refer raul, two remarks in addition to his, and I must in the first place | observation of the hon. member for Charlottetown ( tii allude to the ‘strange doctrine promulgated by the Hon. Palmer), that the liberal members, by offering Pypoeene

Member for Charlottetown, Hon. Mr. Palner, that.a des-| +}. resolution of the hon. member (Mr. Cooper), might laugh patch was not to be considered as binding on the Government. | themselves out of the House. ~ It is scarcely necessary to Te That it was merely, as the Mon. Member, Mr. Cooper, bad *. 1th t hon. member ‘that the mirth which provoked his stated, the expression of the individual opinion of the) 24 tat Ron. used by the resolution, but was excited Colonial Minister of the day. This idea was Awelt upon, observation was vot cal A

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n . f 7 tate! With considerable earaestoess by the hon. member, aud I| by w remark of bis own, which ccrtaimly was ealoulated to

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