Star.
London, England, 1823-03-26 00:00:00

CAP 0111110ON.'

Mr. HUME rose to present a Petition' from the
inhabitants of the town of Sydney, is the island of
Cape Breton, which he considered to be of great im-
portance. In 1783 this colony, among many others,
was ceded to this country. It was a part of our co-
lonial policy, that when colonies were conquered or
acquired, the King should have the power of direct-
ing the manner in which they should be governed;
but Lord Mansfield, who had stretched the Royal
prerogative as far as any man with regard to colo-
nies, had stated, that when that power hadonce been
given up it ceased to eaist. After the cession of the
islands, some Of them received, by proclamation, a
form of Government and Houses of Assembly; by
which all laws were to be made. In Grenada, the
freeholders were immediately assembled, and the
others proceeded to form their Assemblies as circum-
stances permitted. At Cape Breton the islanders al-
most all quitted the colony, and there were not free.
holders enough to act. In 1783, when Governor Parr
received instructions from the King, he was prohi-
bited from introducing ant laws but those of Eng-
land; and it was distinctly stated that the act of the
General Assembly of No►a Scotia should :have no
force in that settlement. After this, encouraged by
the prospect of living under English laws, the #opu,-
lation of Cape Breton had increased to 20,00° per-
j tons. Yet notwithstanding the. Proclarnatica of the

,
•
'King, . an 4 the state in whidi the colony 'had re-
attained down to 1820,, in wits then made a count of
Nova Scotia, by a Pfoclamation of the Governor-
General, Sir James Kemp. Upon the authority of
Lord Mansfield, he contended that this was an
usurpation of the power of Parliament. The Honour- ,
able Member proceeded to argue that reat griev-
ances had arisen to the inhabitants of Cape Breton
from the change of their laws and condition. With
regard to the right tf property, there was a complete'
anomaly in their situation. By their old laws they in-
herited property by right of primogeniture; whereas
in Nova Scotia property descended as in France.—
The Petitioners prayed to be relieved from these griev-1
ances, either by a return to their old Government,
or by being allowed to remove, with a compensation
for loss of property, to the United States, where they I
could live under certain and fixed laws. It was im-1
possible to say that rights And laws could be thus
overthrown by the fiat of the King in Council. He
trusted that such a principle never had been, and never
would be recognised in that House. There was an
impost paid by the merchants of Nova Scotia, of two
and a half per cent. from which the inhabitants of
Cape Breton were specifically exempted. What then
mast have been their surprise when they found them-
selves united to Nova Scotia, and liable to this duty
by the simple fiat of the King ? Not only was this
duty imposed on them, but it was increased to three
and a half per centl The proclamation of the King
in 1820, contained one point to which he would pm-
ticularly call the attention of the House.—lt stated
what was false, and what was inconsistent with the
original Proclamation, when the island was first co-
lonized: namely—that the island of Cape Breton was
to be re-annexed to the Government of Nova Scotia.
It was impossible that it should be re-annexed,
because it had- never been annexed. The Go-
vernment might as soon think of re-annexing the
islands of Dominica or Bermuda. By the late
union, the circulation of a forced paper currency had
extended to the Petitioners from Nova Scotia ; and
the consequence was, that the island was so drained
of its bullion that they had scarcely money enough to
pay for necessary articles. The Hon. Member then
recapitulated.the prayer and complaints of the Peti-
tioners, and said he thought it impossible for such a
statement to be answered. He felt that he had not
treated the subject in the way which its importance
demanded ; but he hoped the Haase would consider
with the greatest attention the case of so large a por-
tion of the community appearing at their bar, as the
Petitioners now did.—The Petition having been read,
Mr.WILMOT observed that if, as the Honourable
Member had stated, this Petition involved a great
constitutional question, he had selected a most in-
convenient time for its discussion, as it would have
been better to have given notice of a specific motion
than •to have entered into it at the length that was
now done in presenting the Petition. He (Mr-Wil-
mot) thought, however, that he should be able to
convince the Honourable Mover that he had com-
pletely misunderstood the case, and that the union of
the two colonies was in no way unconstitutional. He
might previously observe, that when the Honourable
Gentleman said the Petition was numerously signed,
he was mistaken. The petitioners were 250 out of a
population which the Honourable Gentleman-himself
had stated at 20,000. Before the preserit time not a
single remonstrance had been sent from the-colony to
the Colonial Department, though the anion took place
in 1820; and if the authority of a Governor might be
taken in opposition to the petitioneri, it seal said on '
that authority that the colonists found the union be-
neficial rather than not beneficial. The petition tee,l
was said to have been got up in a manner which
added nothing to its weight. The Gentleman who
had attempted to get a petition signed, bad not been
able to obtain any signatures, and he had at last only
obtained authorities to affix signatures in these words
--(1 I authorise Mr. Gibbons to sign my name to a
petition against the union of this island with Nova
Scotia." He understood that the petition had not
been drawn up in the colony in its present shape, but
that the signatures had been affixed to it in conse-
quence of the authority he had mentioned. As to
the constitutional question, the Hon. Gentleman had
totally mistaken the Proclamation of 1763. That
Proclamation divided the colonies which had been
ceded by Fraocet and which did not then possess Le-
gislatures, into four separate Governments—Quebec,
East Florida, West Florida, and Grenada. In neither
of these Governments would the Honourable Gentle-
man contend that Cape Breton was included. The
Proclamation then proceeded, " We have thought fit
to annex the hlands of' Cape Breton, &c. to our Go-
vernment 'of Nova Scotia.' Nova Scotia, it was to
be observed, then possessed a Constitution, so that it
was impossible that the promise of separate Legis-
latures, -which was held out to the four Governments
of Quebec, East a ndWest Florida, and Grenada, could
apply to cope Breton, which was by that very same
Proclamation annexed to another Government. What
proved that the Proclamation in question intended to
annex Cape Breton to Nova Scotia was, that in the
year. 1766 two Members were returned from Cape
Breton to sit in the Assembly of Nova Scotia, though,
because there were few or no freeholders in Cape
Breton at that time, the election was declared infor-
mal. An Act of the Legislature also passed in the year
1766, for the better recovery of hit Majesty's dues in
Cape Breton, which, reciting the union of that colony
with Nova Scotia, declared that the dues should be
Ipayable there as in the rest of the ptovinceof Nova Scp-
tia. No doubt, from the year 1784 a change had taken
place ; and in consequence of the small number of in-
habitants in the colony, the Governor was allowed to
make regulations for the Government. But the in-
structions to a Governor were not to be allowed to
overlay the constitutional right of the colony to a
share in the representation -of Malta Scotia. The
measure ta:;:en in 1820 was, therefore, rather a re-
storation of a right. Since fiat time, lia people of
Cape Breton had sent Representatives to Nova Scotia;
`and in the case of one of thine Representatives, a CH
tholic, whh was a favourite of the people of Cape
Breton, the Test Oathi were altered, to enable him
to take his seat. The people of Cape Breton had de-
rived various advantages from the union—as for ex-
ample, the' redaction of the tax on coals; and if some
individuals were displeased with it, there vas not the
least evidence, Measure being generally dissa-
ttsfaot ory. Be .sat down, Mr. Wilmot begged
0/
to allude at) a s ject it no way connected with the
present subject of discussion—he meant a misrepre-
.sentatioa R. what had fallen from hlm last night, in

*hat an Ron. '4 His:
u*lcal Fragniatter (the Reports of Debates). le
these he (Mt. Wilmot) teat represented to have said, ,
in speaking of the disarming of the lonian Islamic;
'"r hen could not-surely justify the policy of leaving
arms in the hands of a hostile population." He had
never used such language; nor would he have mad•
use of an expression so irreconcileable with- his reaf.
sentiments. The Hon. Membere(Mr. Hume) shone
his head, as if he were sceptical as to the accuratr
of his memory; bat surely the Hon. Member, what.
ever opinion he might have of his wantof skill in ant.
guing, would hardly suppose, that when the very
purpose of his argument was to prove that the pa
isolation was not hostile, he should declare in it
many words that they were hostile. He certainle
never did use the words " hostile population" in an,
such sense as that attributed to him;
Mr. BERNAL strongly urged the claims of the
Petitioners to the attention of the House. Cape Bre:
ton was settled entirely by English, the French civ4
inhabitants havingsbeen all removed when the colony
was taken in 17.58—a fact alluded to by Lord Mans.
field in the famous Grenada case. It could not be
contended, upon the Proclamation of 1763, that Cape
Breton was put on a different footing from the other
ceded colonies, and it would be quite as legal to de.
prive Grenada of its separate Assembly as to unite
Cape Breton to Neva Scotia. It was evident from
the instructions to Sir J. Craig, in 1807. that there
were to be three separate Councils and Legislatures
for NOVA Scotia, Prince Edward's Island, and Cape.
Breton, respectively; and, in 1784, the promise was
distinctly held out of a separate Legi,,ative Assembly.
The Hon. Gentleman (Mr. Wilmot) said, they had no
grievances to complain of. Was it no grievance for
the People of Cape Breton to be taxed for the dea of
Nova Scotia, or that their metallic currency was
withdrawn, and that they were inundated with de.
pieciared paper currency ? Was it no grievance that
the laws of inheritance were altered ? He had heard,
too, that the colonists had sent a communication to
this country some time back, and that they wished to
know how they could move the question in a Court
of Law ? If they had not made any communioatioa
to the Colonial Office, it was probably because they
thought representations in that quarter would not be
of much use, but they had now done their dtityto their
own interests by appealing to the British Govern-
ment for protection.
Mr. BRIGHT said, this was a question which in.
volved the interest of all the colonies. The treatment
of Cape Breton was one of extreme injustice—that
colony was important from its situation—it was one
of the fortresses of England—it commanded the en-
trance of the Great-St. Lawrence and the Fishery of
' Newfoundland, and it was an obvious matter of pia-
' !icy to see that the inhabitants were attached to Great
Britain by justice and by kindness. The rights of
the colonies should be protected, whether they were
founded on the metaphysics of the English law, or
on long usage.
On the motion that the Petition do lie on the table,
Mr. HUME, in reply to Mr. Wilmot, observed,
k that he had given notice that he intended to present
the Petition as long ago as the 19th. The individual
who acted as agent for the colony-was twleave Lon-
don to-morrow; and as he had been disappointed of
.the Hon. Member who had intended to present the
Petition, he had begged him (Mr. Hume) to bring k
forward; which he. had consented to do, though is
was sorry it had not fallen into better hands. The
Hon. Mertiber for Xnaresborough, he understuod
felt the question very strongly, and"wOuld, he hoped,
take up the question. The Hon. Member then d..
fended the colonists from the charge of delay in find-
ing out that they were aggrieved, which had beea
made by the Right Hon. Gentleman. A Meeting
had taken place of the inhabitants at Sydney, in the
month of April, which, considering the rigour of the
winter in those climates, would not be thought light,
to consider the Act for uniting Cape Breton to Nova
Scotia, and after deliberations they had appointed a
Committee to employ an agent in London, to aster-
tain what legal measure could be had recourse m
An agent had been appointed, who had however
neglected the business, and in fact lost the papers is. ,
trusted to him. This was only known to the cold-
nists in June, 1822, and then a Gentleman had been
sent overhere to ascertain what could be done at the
Colonial Office ; and, he had been informed, that his
Majesty's Government would do nothing in the mat-
ter. The Hon. Member concluded by saying, he re
garded this as a very important olluestion, and he
hoped that all the colonies would make common
cause to support it. He would not distinctly pledge
himself to bring forward any motion on the lulled,
. but perhaps he might move for papers, with a-Vieer
hereafter to such a motion.—The Petition *as thee
ordered to be printed.

THE ERITISH GOVERNMINT AND. ?Ilk POINDONSOF
FRANCS.

Lord JOHN RUSSELL said, that as he had the
pleasure of seeing the Right Honourable Secretary d
State for Foreign Affairs once more in his place, he
should tike the opportunity of putting a question
him, to which he thought that be was entitled too.
ceive an answer. At the time when the madness of
cattalo Powers was going to plunge a coin
part of Europe into a nefarious and unjustifsebir
which might extend far beyond the intentions
those who were most eager to commence
sidered it to be right that both Parlianwut
country should deafly understand the refs'
tion in which England stood with regard
Powers. He therefore begged leave to ask ,
Honourable Gentleman opposite, whether thaw
any stipulation in any treaty to which t"
was a party, by which it was bound, either
or indirectly, to guarantee the Crown of '
Louis XVIII. or any of his successortnif

Family ?—(Hear, hear).
Mr. CANNING was sure that the

the difficulty in which he was placed ,
which the Noble Lord had put to him.
of so grave and important a character
examination of many treaties before a
plicit answer could be given to it. '
matioe was to be supplied to the "
be extracted from that mast of treaties
laid on the table of the House in the

and which subsequently received
both Houses of Parliament. Among
he believed there was one which contai
!ion, that in case any attempt toiseist
France were made by the late Usto-perve

f4a4llyi the
Liao action
(Hear, hear);—,
revolution aril
and beiug dit,
tion in another
upon the All
Austria, and
rate.treaties with
to consult in -
prudent for
hear).--Perhapl
be other stipul
taken as he wi
that the stipu,
were the oral
tin the instant tt.
Lord J. RUSSi
rnent which the -
he should not
time for further
press a hope,
duly consider
referred, in or_
as soon as possibt
occupied at present
said this becaur
Gentleman .mui
'ration of Spaii
sally alter our
--(Loud cries
Besides it we-,
country—after .
to place the Bou
fond hopes of ole
for the continuani
rape than c0u1...
(Laud cheers agate
was incumbent, --I
selves even from
aapulation to cr
it behalf of so
Great cheering.
Mr. CANNI(,
inconvrnient time
the Noble Lord
the Noble- Lord
ter of fact; and
answer on the
served, he belie,
upon the sudden,
hemight not har
'kite Noble Lord
of fact: he had
i;t his power; al
made him far it
went of no owl
obsei ve, that yol
conduct was mot
answering questii
of the llouse—a
sii ous of extending
Noble Lord had
mast on the ans
(Cries of Hear, front
Lord JOAN 11'
Ilon. Gentleman
drift of his last .
auy argument upon
Gentleman, lie 11.
of the line of argu,
be pursued when
and elsewhere shout
ration of the House.
Sir ROKER'I: •
lion. Gentleman •
which le believed
moment wei e accp
tillon was placed
question to the N,
Hon. Qentlem a
just put to the IC
Inc had then recei
he had alluded,
;his country was
sere the Clown of
Weser, hear).—H,
kion. Gentleman
bimselt that odiou
predecessor had nay,
Mr. CANNING
Francethat,b thein . v
efaxivsoti. r
any of his family
upon the Allied •
down. In case
either by means pr
there wee no other
Allied Power* shout
salt what measures
Pasoib, leai fo
ther e
west might be the
Ahrettr)•—• The subject
!-;
I&.LENDIARD .
with respect ,
lull. The he intended
!fie the reduction
eoeld not anticip...
a House was entitled
ioh this branch of .-
ik?”le Marquis svl
lad succeeded, had
slue "Pease' of For
aka*
lase year to ,
his more limited
:bhoold
'PC lorry if
A....L_Wallssive the House
ir..., true, some reduction
'agent Mission
kb' be thought it
gapers
which he w.
' 4rr *bat reductions
111-0137---..55184-2-444161644.4ecteibee-i:lltin:;istid.oid'reeshr77'
tuil List since the'
decrrs,e turd
b of the uneaten
M the rarekof persona
testa tp
.hear
,stue sew lew.that

that as he had the
wurable Secretary Cl
more in his place, hi
rutting a question to '
e was entitled tO re•
rhett the madness Cl
lunge a considerable
ind unjustifiable wart
id the intentioned
itnmence it, WO*
Parliament innt tie
ad the mistiest**
th regard to
cave to ask the
whether there net
► which this cciumli
mud, either dire*
Crown of Francs
*ion a the &oriel
the House would.*
likeed by the
w him. A •
211.CtOr required,
lore a correctatat
it. Whatever •
House :yank
treaties which apio
the Session
thisktpprobasida
/nogg thore,tgail
contained • ,111
thr Crovail "
Jsurper al, 00
•

Allied, •
to. resist
:—He 1' •
arising i
irected b
her of t
lies, or
Englan •
with etc
3 COMM •
them to
sps in th
pulations
vas thus
ulations
r stipulati
t to his r
USSEL
to Right
be justifi
ter expla
that the
the var.
rder that
issible th
resent in
ruse he
ust be a
tin by Fr
present s
of Hear
Is incitin
r having
,our bons •
obtainin!.
lance of
Li be obta
'gain fro
he►epea
rn the sus
!spend ev
o worth!.
^.)
G cont•
rue to en
I had jus•
to put a
d he ha
point,
eved to b
n, he wo
ive omitt
d had int'
given di-
and the
t was to f•
::an or tri
iung as h
ore calcul
Lions fro
a courtes
ng to it
just put
nswer wh
front the
RUSSEL
had co.
observa
polo the
lad merel
;unseat w
en the la
mild be
use.
WILSO.
opposite
td that fe
:quainted.
upon th-
Noble Lp
s situatio
light Hon
rived fr•
a distinct
s not bou
of Franc -
Lie theref
I would n
>us respo
never du
IG said, •
Ling treati
aor of the
was a c
Powers
of any
n. to favo
bar ctipu
could
res they p
him or
the regal
,ject then
Mt g.
1W rcse
spect to •
iteuded a
of this cl
icipste an
ntitled to
)f the pu
whom th -
ad
reign Mi
3 such an
cited mot'.
f the Rig
se of dl
reduction
Ito the S
it a proo
wanted t•
tions had
before he •
The Hon.
ss to the
re expense
e Sid of h 4
I been •
o 4 person
persons •
k-14 the
rarn v.liet
:•vil List
by law;
that that s

et fr,
.$). IR

ve said,
leaving
He had
'e made
his real'
I shook
cctiracy-
what-
.ll in ar;
I,e very
the pO-
- in sci
:ertainly
7 in any

I; of the
ape lire:
nch
colony
rd Nlans-
Id not be
hat Cape
:he other
al to de-
to unite

ent from
hat there
;islatures
nd Cape
oise was
.ssembly.
y had no
vance for
ie de!,t of
!ncy was
with de-
ance that
;id heard,
ication to
wished to
a Court
atnic.ition

ause they
Ild not be
ty to thtir
I Govern-

‘hich in-
treatment
ice—that

t was one

:!,t the en-
y of
ter of po-
to Great
rights of
they were
.h law, or

the table,
observed,
to present
individual
e.tve Lon-
'pointed of
present the
to bi mg it
though he
ind-. The
inderstood,
, he hoped,
T then de-
lay in find-
had been
A Meeting
Iney, in the
gour of the
lught light,
on to Nova
ippointed a
n, to ascer-
ecourse to.
Id however
papers en-
to the colo-
in had been
done at the
ied, that his
in the mar-
ling, he re-
on, and he
'ce common
ietly pledge
the subject,
with a view
)n was then