North American. [volume] (Swanton, Vt.) 1839-1841, 1841-02-11

nj mon"ps'iy end abuse; and that ell wlih.
out Distinction, wish sBxiouxly fer an i'm
Psriis and projecting Government.
! So Resoired, That in edition to the
administrative sRd Judicial abuses which
have bad an Injurious effect upon the pub
Tic welfare and confidence, attempts have
brsn made, from time io time, 10 induce
| the Parliament sl The United Kingdom,
| by decrNlng its justice aad abusing lis
benevolent intentiSns, To adopt MEASURES
| calculated To bring about combinations OF
/ the nature above mentioned, and TO psss
| Acts of internal Legislation for this Pro-
vince, having the same tendency, and with
regard TO which the people Of the country
had not been consulted; tina, snhsppily
the attempts 10 obtain the passing OF some
OF these measures were sucecsstui, esprci-
ally that oI the Act Of The 9Th Geo. w.
chap. SO, commonly called The Ten
ufrs Act" the repeal Of which was unsni.
mously demanded nv all classes oi the peo.
pie, without distinction, thr ough their Re-
representatives., a very short time after the
number ef The latter wan increased and
that this House has no, yet been able 10
obtain from His Msjes,y's Represents
tive IN this Province, or from any
other source, any information, as TO
the views Of His Msjesty's Govern
men, in England, with regard to The re-
peal OF The said Act.
81 Resotped, That the object Of the
said Act was, according TO the beRevo-
lent intentions OF Parliament, and as the
title OF The Act sets forth, the extinction
OF lrudal and igniorial rights and dnes on
lands held en- tief and Gems in this Pro-
vince, with the intention oil lavorlng the
great body of the ancient inhabitants Of
The country, and protecting them against
The said dues which were regarded as bur
densome; bot that the provisions oi The
said Act, far irom having The effect a.
oresaid, affords facilities IN Seigniors, To
become, in opposition To the interests Of
their censitaires, the absolute proprietors
oil the extensive tracts OF uneonceded lands
which by the law OF the country, they held
only for the benef, of the inhabitants
thereof, To whom they were bound 10 con-
cede them in consideration of certain lint
ted dues:-,hst The said act, il generally
acted upon, would shut out the mass oil
the permanent inhabitants oi the country
from the vacant lands 10 the seigniories,
while nj The same time they have been
constantly prevented from settling on the
waste lands OF the crown, on easy and H.
beTal terms and under tenure adapted 10
The laws of the country, by the partial,
secret and vicious manner in which the
Crown land department has been admins
Tered, and by the provisions OF the Ac,
aforesaid, with regard TO the Laws sppli
cable ~ the lands in question; and that
the application made by certain Seigniors
Tor change %. tenure, under the au,hori-
ty OF the said Act, appear TO prove the
correctness OF the view which t~is House
has taken Of its practical effect.
So Resolved, That il was only in con-
sequence oil an erroneous supposition that
feudal charges were inherent in the body
OF the Law Of this country, as Tar as the
possession and transmission Of real proper
ty and the tenures recognized by that law
were concerned, that it could have been
enacted in the said Act that the lands with
regard TO which change OF tenure Should
be effected, should thereafter be held IN
der the tenure Of free and common Soc
eagr;-thst the seigniorial charges have
heen found burdensome in certain cases,
chiefly by reason of the want oil adequate
means OF obtaining the interference OF the
Colonial Government and of the courts OF
laws, to enforce the ancient law OF the
country in that hshslf; and that The Pro.
vincisl Legislature was, moreover perfect |
Nv competent to pass laws providing for
the redemption Of the said charges in a
manner which should be in accordance
with tie interest OF all parties, and Tor the
introduction of the free leRures reeog aized
nv the laws of the eountry;-that the
House of Assembly has been repeatedly
occupied and now is occupied about this
important subj,ci;-bst that the said Ten
urrs Act insufficient OF itself 10 effect
the purpose for which il was
passed, is OF o nature 10 embarrass and
create obstacles TO the efectusl measures
which the Legislature of the eeuniry with
a foil knowledge OF the subject might be
disposed Ia sdop;;--and tina, The sppIica-
lion thus made 10 the exclusion OF The
Provincial Legislaiure,) 10 the Parliament
OF the United Kingdom, which was far
less competent TO make equitable enact
meats on . subject so complicated in il,
nature, eonld only have been made with
a view to unIawful speeulstions, asd the
,vhversion Of the laws Of the country.
50 Resoirsd, That Independently Of lie
many other serious imperlections the said
Art docs moi anpear 90 have been founded