The Wilmingtonian., 1824-01-22

and usages Of that province founded OH the laws
of the Prevote OF Paris; and it also contains seve
raj ordonnance Of police and arrets OF the French
King.
@. Does he understand them'
A. Some part Of them, the law language is diff
fcuk. =.
@. Is there not in that collection something[
concerning the jus retractuS!
A. suppose the gentleman who puts the ques'
ton means the retrat lignager. 1t is the right
which lord Of fef or manor, and first ovig
nal possessor of grant from the crown, has to
receive some indemnihcation from those persons
who are called the arrier tenants, who hold un |
der him. There ID such title as retralt hgna-l
GER
@. IF the French civil laws were revived, orl
suffered to remain in Canada, would it not be
tscouragement to the old British subjects to gol
and trade there and make purchases Of lands?
A. II old British subjects were to go thther,
the Freach civil law remaining in force or beingl
revived, they would 20 thither at their option and
of their own free will, as they 60 now to Jersey
or Guernsey, where the French laws prevail. Or,I
,or another instance, you please; If any person.
ON speculation thought OF going to buy an estate
IN SC tlart; if he found that he did not like the
Scotch law and inhabitants, he might do better
thing, keep his money IN his pocket and stay att
home; a thing much wanted in this country.
Q. On what terms do you Think in the state
of things in Canada, an English merchant golngI
10 settle there would hold any lands which mel
should purchase! ,,l
A. On the same terms as the Canadian held
them who conveyed the lands Or it the new set
tier takes them BY grants from the Crown. he
will then take them on the same terms as any o-I
,her grantee would that is to say, on such terms
.s the grantor shall please. All is voluntary on
The part of the purchaser or grantee; he may take
the lands, or he may leave them
@. He has given no opinion on the subject OF
Canada.
A. have.
@. In what capacity, and TO vhon3
A. As his Majesty's Advocate General, to his
Majesty in Council, drew up plan OF code
of laws
@ viii the gentleman be pleased to give the
House some account Of the plant
A had the honour of his Majesty's commands
in council, together with my brethren in Office
the Attorney aud Solicitor General, to consider !
great number of papers referred, and to call tol
such persons as could give me information npor
the subject; and TO prepare plan OF CIVIL ant
criminal law tor that province 1t was referred
serara,ely to each Of US three, as being the Law
officers Of the Crown. drew up my plan accor
dinghy.
@. What was the plan
A. drew up my plan in The following method
After stating the principles Of legislation, and re
late condition, and now TO be, and likely TO b.
hereafter, the state of the colony formed m,
plan under four heads The Courts OF Judica
lure; the Common Law of the Province; the Re
venue the Religion
@. To whom did he deliver that plan'
A To his Majesty in Council
q. As doubtless it was very extensive in por
Of knowledge and information, the house woul
be glad to know the contents
A. ! stand here as his Maiestys servant: NJ
colleagues next to me in Office, who have give
their opinions as well as myself to his Majesty
are within the bar. When advocate or coui
seller gives his opinion, il is the property OF hi
cient Ills Majesty is in possession OF my opI
ion. Il this house does me the high honour OF b'
ing dcsrons 10 know my sentiments, such as the
are (an they are very free one ) the House vi
then address his Majesty to lay my opinion b
fore the House. II the House wilt not agree
that address, my sentiments must remain dep
si'ed with his Majesty, in his great wisdom, whe
they now most happily rest.
q. When somebody moved to have all the p
pers laid before the House, the motion was owe
ruled, on the ground that We might have cor
y,iete information at the bar. I fear We shall n
have it where we wish it, and were bl'lden to e
pect it. What is the sum and conclusion of tn
opinion
A In a question extensive, and which
volved every possible consideration of polio
and very little OF law, drew up my opinion wi
ali that modesty and diiiidence which becaH
me. The danger OF posie,seness in speculate
opinions is TOO obvious too every man of rig
mind The more viewed the subject on eve
side, the more difficulties occurred to me.
weighed all facts and ressonings in a true b
ance, without bias To any man or party, but fou
it hard, after the whole result OF my enquiries,
fix decislvely what the system of law ought
be for a people so remote from home, OF wilt
manners and wants We know SO little. My me
cd Of proceeding was, collected all facts as
presented to me, and as far as other persons, "
vel knew the colony by having been in it, W.
agreed in the reports made to the Kings Cove
1nent. I then brought all the facts and proba
reasonings together, in one general point OF viz
for the assistance of my two colleagues in off
that they might form easier dvcsion on til
part. ! drew indeed my own conclusions,
they were not positive, but open to better ress
inps. therefore, thro' the whule, adopted
stile and manner of that which Cicero calls
"deliherativum genus dicendi;' submitted
ry thing to his maesty's wisdom in council.
ed BY opinions and arguments of much higher
thority than any which could offer.
q. Can the gentleman recoiect any parts OF
opinion which he gave
A. [ answered before, that doubtless II
House will address his majesty, they will
the whole of it before you; have no obj, CT
am sure for my part hut my memory VIII
serve me to repeat so extensive work.
q. Does it agree in substance, or part, with
bill now depending before the house'
A. ] know nothing of such q bill officially
al, tad with a n "a hill l,.tt,