The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-08-29

title guars ntied by your constitution. Your Judi
cial tribunals, in their rigid Interpretation of the
constitution, regulate the march Of your social Or
gaDizstion. In Canada there is no written constL
tuition. neither is there any tribunal to whose calm
and phiosophc decision those injured BY the Legis-
lature can appeal. Our judges are the mere expo
nents OF the enactments passed by the Legislature,
and that Legislature is often swayed by ignoble
and upgenerous motives
The complexion assumed by the debates on the
Seieniora question, illustrates the truth ofthis OBJ
seSvation.
The Seigni ories in Lover Canada have been &C
qured by the present owners by purchase, like any
other description of real property and it would DO
almost sible to point to single family whose
ancestors acquired their rights from the French
crown. The majority of the Segniores have
changed ON ners within the last twenty years The
rights purchased by the Seigniors vary in various
Seigniories in some OF them all the lands were
conceded leased forever at rents equivalent to
per hundred acres, termed Gems ct rtntes' In
some Seigniories, the ceNs ct ren'es were higher.
In some there were large tracts of unoc-
cupied lands which the Seignios let at
six pence per acre. etaiDed for the sales OF tim
ber In all Seigniories, the Ids ct re.tes exists in
other words, the right of the Seignior to onetwelth
of the purchase money at each sale OF any OF the
farms on his seigniory, right possibly consequent
upon the claim Of the Crown to one fifth OF the
purchase. money of each seigniory when sold Thus
where Seignior, some years since, became insol-
vent and his Seigniory was sold by the Sheriff for
100000 the Crown claimed and received one-ffth
of the purchase money, or $4,000.
The socialist principles Of uneducate Lower
Canada, develope themselves in an effort to wres.
from the Seignlors their prescriptive rights, de-
fraud them of their present incomes, and compel
them to accept four coppers per acre for their land
at present occupied nd TO concede their unOccupled
lands to any applicant upon like terms
The prom oters of this fraud have the decency to
assume the mask Of legality, they desire to disnter
the obsolete arrcts Of l7ll and 1876, and infuse
them with vitality, after having reposed in abey-
snce for half century but those capitalists who
and purchased seignories, may Indignantly rebuke
so fragrant violation of public faith.
In some cases, the pretext OF the arrets above
quoted cannot include the segniors, those for in
stance who hold direct from the British crown,
under the title known as Franc alter no6le The
Seigpior with his title of Franc dr noble, is free to
dispose of his lands, upon his own terms and to
compel him to accept four coppers per acre, would
he nearly equivalent to confscation.
confess disbelieve in the ability Of the promo
tiers of the Seignorial copfscation, to realize their
purpose. The late period of the session is iited
to the discussion of so grave project; and the
Upper Canadians, being disinterested in the result,
would, therefore, be inclined to take higher consti
tutionsl ground, and deprecate policy 50 barren
of results to them and fatal to the public credit
Vi tie province.
The germ of the final dissolution of the union, or
the altern alive Of federal union, may lay hid in
the future debates, and sectional conflicts, flowing
from the desire of the Lower Canadians to con6s-
cate the Seigniories, and that of the Upper Cana
dians to strip the Church of England of its rec.o
res and resources; though varied are the phases
Of human affairs, that foul compact, like that of
the Roman Triumvirs, may yet be contaminated,
by the mutual aband onment Of principle and JUS
tice. B.