fcfc king h its cale nec rfge nec porulo ski utroqite voe vxzz friday aftesnoon fsemary is 1827 ko xzxzxx 0 22 0 for kingston mr fcmrs twjgg beg leave to return thanks for tiie liberal encouragement anion they have received and to acquaint their friends and the public that thcv continue to receive boarders day pupils at their house in quarry street where the bl owing branches are as usual taught english and french languages g ranimatically history geography composition music drawing dancing needlework writing and arithmetic from mrs twiggs long experience and the credentials which she has brought with her she bavins for many years conducted a simi lar establishment in her native country they hope for h continuance of that support which they shall make it their study to merit reference nay be made to the rev archdeacon stuart lieut col macphersonand sheriff mcle an each young lady to bring her bed c c two pair f sheets and six towels august isth 1326 ijomrsttr notice t subscribers executors and execu- rix of the last will and testament of the lac neil mcleod esq of kingston mcichant request all persons indebted to the estate either by rok debt note bond or otherwise to make immediate lay men i to mrs alcleod who will continue the business as usual in behalf of the estate john torrance charles tolkien john mcleod jane mcleod kingston aug 19th ittfs jvotice the subscriber having been appointed inspector of weights and measures jor tiie midland dish id informs all persons con cerned that he his received the standard for said district and is prepared to examine and compare all weights and measures which shall be presented to him for that purpose with said standard and has annexed the sixth or penal clause of the act relative to weights and measures robert richardson inspector ol weights and measures midland district kingston 28th august 1826 vltlt clause of the act relative to weights and measures vi a nd be it further enacted by the autho rity a foresaid that all storekeepers shop keepers millers distillers butchers bakers hucksters and other trading persons inhabit ants of such district for which a standard of 511 it wiln nut ilf6twnb wfllj have been obtained who shall after the expi ration of six months after such standard of weights and measures shall have been receiv ed and inspector appointed as aforesaid have in his possession any weights or measures whereby he buys or sells any article for the weighing or admeasurement of which such standard of weights and measures hie gener ally used any other than such weights or pleasures as have been examined and stamp ed or marked as aforesaid shall forfeit for e- very offence two pounds provincial curren cy being thereof convicted before any one or more justice of justices of the peace on the oath of one credible witness which said penal ty together with all reasonable costs shall be levied by distress and sale of the offenders goods and in the default of distress such of fender shall be committed to the common gaol of the district for a term not exceeding one month for a term of years and imme diate possession given the property at present in the occupation of john grant in birriefield consisting of a good dwelling hons bake house barn and other outhouses with the land attach ed this property wp be leased for a term ol years on advantageous terms apply to the editor of the kingston chronicle kingston 5th mvy 1826 notice all persons having claims against the estate of the late thomas r cartwright enquire deceased are requested to present ihe ffitne duly attested to the bscribor and all those who are indebted to the aid estate are likewise requested to make immediate payment john s cartwitlfiht kingston july lotti 1826 executor stolen or strayed a large dog of the newfoundland species of a dark cream colour and an swers to the name of watch whoe ver will give such information as may fead to the recovery of said dog will be handsomely lewajd d by applying at the royal artillery barracks kingston jan ib 1827 from thf it e loyalist provincial parliament of monday jan 1 1 vtatiiraltfatott mil mr hamilton said that lord bathurst bad certainly not given any good proof of his be ing at all acquainted with law last vear he had sent a despatch saving that the house might pass an act to make certain persons sub jects when in fint the house could not exer cise such a power ihe parliament legislating at that time on the subject he could compare ro nothing else than a yankee parliament ma king british subjects the late act of the imperial pailiament had conferred the power upon the house but the istruciions of lord baiburst placed them in a worse sit uation if possible than beforethey were con fined as it were in a straight jacket called up on to submit to humilhtion and degradation without being left to the exercise of their own opinions onso important a question if in stead of being signed by lord bathurst they were signed by the king himself he for one would not consent to degrade the house b the country by complying with them the ques tion of alienage had hot been stated when the services of these people were required in the defence of the country if had not been urged when the people who bad made upper canada to bloom like a rose had tiist settled in i by invitation hut now if the instruction ate to be ohevedthe house is called upon to declare fhffll alums and to cause them to register them selves as such he would faithfully dn his duty and refuse to do such a thine having clone so he would willingly take the responsibility of any consequences that might ensue mr beardsley felt himself called upon to sate his reasons for the vote he intended to give an amendment had been proposed to the preamble which he should support he thought the allusions made in the one former ly proposed would tend to annoy the feelings fmany persons besides which he did not see how those who last year voted for a declara tory law could consistently vote for this bill if they did what would the country say of thorn and what opinion would be formed of them by his majestys ministers the in structions he thought should not influence the house in its opinions they may possibly have never been submitted to his majesty and as the act of the imperial parliament gave the power of legislating without any restrictions lie should lake that for his guidance the in structions were at variance with that act inas much as they imposed conditions on the house which the act never contemplated he was satisfied that ihe bill in its present shape would not give satisfaction to the country many persons would no comply with its pro visions feeling would be excited and for the sake of peace he would prefer a bill passed in such general teims as could not give anv of fence he would prefer indeed that an address should be forwarded to his majesty praying him to submit the question to the imperial parliament and that they should legislate on the subject capt mattheivs said he should oppose the preamble vole for the amendment and then vote against the bill altogether mr randall considered that the welfare of the colony hung on tiie decision of ibis impor- lan question if the hill now before the house should p ins he thought il would amount 10 a declaration that all those who had taken the oath to vote at elections were perjured scoun drels he would not consent to call them so he had resided in the province himself 8 years and always considered that he was a biitish subject and he would not consent to register himself now as an alien he would not consent that his constituents should be com pelled to do it mr clark was of the same opinion as last vear and could not ive his vote tu call those persons aliens whom he had always consider ed to be subjects the attorney general after expressing his disappointment that there had been a depart- ure during the discussion from that tone which he hoped would have been preserved in the de bate upon this subject said that in replying generally to the arguments which had been used he shoold in the first instance advert to the course new recommended by one honora ble gentleman to be pursued for the purpose of setting the question at rest that hon gen tleman had proposed that instead of exercis ing the power we now undoubtedly possessed of passing such an act as the committee had reported an address should be transmuted to his majesty praying him to submit ihe mat ter to the consideration of the imperial par liament referring to what had taken place last year on the subject he could not forbear to remind the house that he bad unreservedly expressed his opinion thai lifts legislature sti icily speaking- had not then the power by act o theirs to secure all the benefits proposed to be conferred he had then submitted a series of resolutions to the house and an ad dress to his majesty founded on those reso lutions precicely to the same effect as the course now prop sed by the hou gem lie had done so in vain they were negatived by a majority of ihe house who concmedina de claratory law which being rejected by the other branch of he legislature resolutions and an address of the same tenor were adopted and transmitted to i lis majesty the atten tion of hit kings government having been gi ven to the subject the act was passed which now uaveus the power to legislate under cer tain restrictions and urrer the provisions oi this act the present hill was introduced now then that the power is conferred upon us what js now proposed to be done to retrace urn step to do that which we refused to do las year and to make the vew same application which was last year declined when the neces sii no longer exists honorable gent had asked what tb country and his majesty government wruld think of the consistency of those who last year voted for a declaratory law if they shoijd now vote for the bill before the house but he would rather ask what could be thotifjtt of the consistency of this assembly j if tley this year pursued a comse which last year they refused to adopt and should ask the nterference of the impel ia i parliament afnr the power was given which enabled them udlegislete on the subject them selves as to the pr ei ruble of the bill which was proposed tobendopted its object and mean ing had been ara ng4y perverted it simply slates that maiy peisms have come into this province from me united states of america who were formerly citizens of those slates and who being subpon of the same have not been naturalized as british subjects by any act of parliament was not this strictly true or could any act of parliament be produced un der which they had been naturalized assur edly none and if anv had been so naturalized fo them such a pitunble could not appiy the 13 qvu clearly did not apply to ma ny persons coming f the united states none who were born there before tne year 1783 could come wuhin its provision and at all e- vents none had observed them the 30 geo 3 was not a naturalization act it contained no provision to tluif effect and all idea that il could be so regarded had been ofte disclaim ed what other law coud be pointed out by which these persons had been naturalize there was noms and the necessity of doing so now must be apparent the proposed amend ment to the preamble if adopted expressed usit was inuei nrnn without reference to any particular desci iption of persons or ra ther studiormtv avoiding all reference to those who weie most interested in the measure would am inn to an iai plied declaration alter all theim nnls thai bad been used and in- dustrinnsl published himi as the persons whom the bill uonteuiplfuh principally to relieve ware nut alluded to h its provisions they did not lequire anv legwtfive enactment to entitle them to the rights of objects the responsi bility of such a conce jmeut he would 1101 as sume and whatever other hon gentleman might be inclined to m it was his conviction that this class of pei sins required piotecliorv and he should eel luti thu legislature would noi deal lioiifify wui ibem if they did not plainly give them to understand that the act was designed for them as well as others and that it behoved them to avail themselves of it one hon gentleman bid said that he still re tained his old opinions and that he considered the judgment of ihe eings bench in england incorrect he had ventured to add that their opinions should noi bt ittended to here because they were governed iv motives of state policy he was not very grcaly surprised at ihe de claration of that hoi gentleman as to his own opinion becausehe had always hitherto set bis own jndgmen on this question above those legal authoiitiet which bind us on all o- ther occasions he iad throughout the dis cussion of this questnn evinced a decided op position lo a measure intended to afford reliel to a considerable porton of the inhabitants of this province but he confessed he was sur prised that any gentlnnan of the profession while enforcing his ovn opinions to answer a particular purpose out id venture to call in question the purity of the motives which go verned lhejttjges of court the most vener able perhaps fin its learning and integrity of any on tb face of he earth charging them sworn as thev were tcadpiinmei the law trulv and justly than making heir decisions uenei lo motives of stse pjicv contrary to the solemn obligation which tftfloafll they bad taken im posed upon the n it was surely said with hut litile shew of reason that judges so distiug- ukhed as chief jmtiee abbot mr justice bailey aud the others who decided t lie cae alluded to and wh opinions and decisions were looked up to iv veneration did on litis particular occasion foigct ihe sacred duties of their situation aud framed their decision for purposes of state plicy contrary to their con sciences aud contrary to that obligation which their oath of office imposed he could not bul remark further that this observation bad been most unhappily resorted to to prejudice ihe authority of a decision made by four jud ges of profound leaeuiug not one of whom it happened had evei been connected with the government by am official situation made too at a time of the uioni ft iendly relations between great butain and the unted states a deci sion that bad nevei been appealed from as it undoubtedly would have been if it had been unsatisfactory aud which not only excited no surprise in the foreign country whose citizen it affected but could be easily shewn to be perfectly consistent with judgments previously pronounced oi the same question in the courts of at least two states of the union pennsylva nia and massachusetts with respect to the instructions be could not but regret as a member of the house thai one honorable geoileiitan in the course ol ins observations upon mem had allowed himself for any purpose to speak in terms of disre spect of lord bathurst y one of his majestys secretaries of state who at ihe command of his sovereign hal communicated the views and intentions of his majestys government on tins question to the lieutenant governor who had presided fiany years in the colonial department tin character of that noble lord wa such as n knglaud where his mea sures could he bt appreciated occasioned him always to be fpukefl of with respect and it surely need not be said that in this colony at least he should ever be mentioned bul with irattuide tiie charges so gravely made a- iiainsl him of a wu of legl knowledge he most say came ft h but a bad pface from a iienlleman who himself a lawyei anil who he bought lt might sav had neither lived so long ill howoild nor had mingled quite so much in affairs although it was true he did not he boldly to call ill ipe- lion ihe decision o the judges of england and while on tffbecjf of this nature he wuum notice the unnecessary and impioper personal allusions which another honorable gentleman who had spoken on the question had so lie- qiieitlv indulged in in bunging the name of the hon dr strachan a member of ihe le gislative council into tiie discussion before the house tins course had too lutlg and too often been indulged in with respect to the other branch of the legislature culledive- ly aud individually contrary as it was to par liamentary custom and in terms sometimes most unwarrantable he would now say once for all that observation of this nature degrad ed the character of the assembly that they were discreditable in his opinion to ihe hon member who used itiem and that if iespect tor the gentleman of whom he spoke did not restrain him he ought at least tu have been restrained by respect for the bouse and for himself as to the hon gentleman to whom he had alluded dr strachan he would seize this opportunity to say what indeed he of all others could say sincerely and feelingly that there were many single actsof bishleby which tins province had been and would continue to be more bentfited than it could ever be by the lest exertions of those who traduced him even if those exeitious were honestly applied lst yeaf it was agreed by the majority of the house who voted for the resolutions one and all that it was necessary to address the ivitiff to declare all persons resident hi the province subjects whose righs were question ed and particularly 10 afford security to this class of people then we assured his majes ty that we trusted implicitly to the anxious desire which we felt assured he possessed to af ford the relief we asked for on iheir behalf nd nwit was declared that the transmitting the uisliuctii ns by bis kxcellcncy the lieut- iovernor 10 the house for their information was a breach of privilege hiough they merely informed of mis majestys sentiments upon the subject of our resolutions it was un breacli of privilege on the contraiy an act of naturalization being an act of urace usually aud according to the constitution as we are told commences with the king and is sent down it cm muiied by his majesty for the con currence of the other branches of the legisla ture the reason fm desiring to convey this information to us is gwen in the despatch it self where it said that his majesty would feel a reluctance in refusing his assent to any act the legislature might pass and he therefore points out in ihe instructions how hat refusal may i rendered unnecessary those terms are reasonable aud such as he thought would meet the approbation of the people if the same pains were taken fairly and candidly to explain them as was taken to prejudice their mind- by creating alarms and exciting unrea sonable and unjustifiable suspicious against that government whose most anxious desire was to afford the relief which thev so much re- quired supposing on the other hand that these instructions had not been submitted to the house for its information would it not then and very pioperly be called an ungracious concealment on the part of the executive and if with such a document iw lis possession it had allowed the legsilature to remain in ignorance of his majestys sentiments and tu pass in consequeuce a bill which it was known to hs excellency would not be assented to would not ihe complaint be long and loud against ihe government there had been no such concealment on the pat of the executive and although it had been just staled that when on the veiy first day pflhe session an hon mem ber before anv other business had been at- tended fo and before the speech from the iiuoue had received any cunsidcidiion luu given notice of a lull on this subject we knew nothing of any instructions he contended the house did know something of them for be speech just delivered to them had told them that there were such insiiuctiuns and that i hey would he sent for their information and when at las the speehi hid come under cou- sideiatioii delayed as it was until niter that honorable gent emails bill upon a subject particularly mentioned in it had been mirodu- ced and onee read an attempt was made to prevent the instructions being sent unless at the risk of a breach ol privilege thai attempt howpvei faded aud the insliuctions were re ceived not as some hon gentleman were pleased to lerm it for ihe tuidence of the house but for their information they did not com mand nor did irev ask the house lo pass an bill but they pointed out thetteiuis on which his majesty would assent to a hill affording relief to the peious irterested an address was concurred in and presented it his rxcel- leucv the lieutenant geveinor thanking him for the infoimaiion he had afforded and should it be said now thai his having eul that infor mation was a bieacb of privilege now that the information has been afforded the house is at perfect liberty to pursue its own opinion on the subject some hon gent had said that it tppemd iidiculons i hat members who were then- aliens should be silling here and pnsvmg law to make themselves subjects lu this there was really nothing like argument how could it appear to ihe house that tliere were any such of members sitting there was noihi u known but that ihey hid been relumed by their consiittinis amino jpjclmn to their eligibility could he presumed or heard of un less it was preferred by petit km and pmpcrl substantiated it was tine there might be a- lieus in the bouse or pertttrrw withom qualifi cation oi preachers or minois ami as well might it be said that if a minor had been re turned u this house and retained his eat not having been objected to thai all acts passed durum iht time he bad held his at in il should be deemed void although no objection to his qualification had ever been made in the british parliament this case had more than once nccured with respect 10 the preamble of ihe bill be ronadd cd u necesai y iu or del to imove all doubt as in who w e the persons intended to be icliewd bv the bill i hat tnev should bp expressly ivfeitcd loand then thcv would not be kit longer in oucci unity as to the nccetsi- fj of their compliance with its terms a gen eral provision such as that proposed might in volve this doubt and perhaps be ihe means of withholding horn many the lights which the bill contemplated to bestow on them for that reason be would include all in distinct terms who could be affected by it one hon gentle man in a long speech had endeavoured to show that ibis was unnecessary and bad in dulged in a strain of declamation against ihe injustice and degradation which hesaid this bill would entail on the people and to prove this imagined degradation uunecessarybe bad said a great deal not ceriainly in the tone of ar gument to show that all legislation for theit relief was uncalled for he would put it to that hon gentleman frankly to acknowledge how much of that speech in his own opinion would pass current in a court of justice if he was there called upon to vindicate the rights of one erf the persons embraced in this bill in the event of those rights becoming questioned before such a tribunal surely that hon and learned member must well know that it would be to little purpose there to talk of invitations or proclamations or to resort to any of those topics of hardship which he has now so largely dwelt upon he knows that he could but be told that who is a subject and who is not is a question of law not of expediency be would be told if all yon say is true apply to yoor go vernment and to your legislature for a reme dy here there is but one answer thai can be given to you and it could not be belter given than in the very words with which the hon gentleman chose to conclude bis speech v justitia mat cahtm could thai hon gen ilemansay in sincerity thai such opinions as he had expiessed ought to reverse the law of the laud ci thai however he might consider it a question of expediencyhere he could have any desire that such considerations should be mixed up with the administration of the law however such arguments might answer the purpose here there they could not be listened to or there would no longer be any security for life or fortune the judges of the land si the honest juries of the country in passing judgment between iheir fellow objects could noi bend their decision lo opinions of expedi ency they could not act contrary inlaw and lo repeal the learned gentleinanquoiaiionihe maxim of them must be k jvstxlia ruat clum could it be considered desirable by an ho nest legislature professing an anxious desire to remove all doubts on so important a ques tion to leave the matter subject lo miscon struction and uncertainly and was il noi ra ther their dntv to make the law clear and dis- linct and comprehensive to all those whose rights were concerned this was the object of the preamble which after mature reflection of the question in all it bearings be had pro posed thfl amendment was uvsigned to en courage in a fatal delusion persons who might be misled to believe thai the act was not in tended for their benefit and it was advocated by those only who would not subscribe to the law of the land tu his opinion il was decided ly not such as ought to im adopted he idl ed with confidence on ihe corteci feeling of a gieat majority of those persons who were inter ested in this question desirous as they were of being confirmed in their rights as brirish sub jects that ihe preamble he h id proposed would meet with their approbation and that they could not be persuaded that it was intended needesly to offend their feelings or even their prejudices and he should oppose the amend ment which might defeat the passing of a law which thev anxiously desired or render it less uselul jt had been said in the course of debate that invitations had been held out to encomago emigration from the united stales tbaiargu- ment had been used on former occasions and fully examined and admitting that it wero even true could if in any manner after the legal character of those persons or at all go vern the decisions of our courts of law he denied however that such invitations had been held out and ceriainly not to thousands of persons who may have come from the unit ed states if the question was to be put lo these persons severally whal inducement ihcv hd to emigrate to this country we should rind the answers very various some to attempt to establish themselves as mechanics- some to ptwb a particular speculationand some peihaps would be found who if rhey gave the con eel reason would admit that they came into the province because they could na longer remain where they were supposing under such circumstances that these persons bad resided twice 30 year in the province wnukl such residence alone m ike them sub jmt or il the hon gemlemen who had used such i easoniug instead of being in this assent blv was in a court of justice with his gown on ins back would he vendue gi ively to ad duce such arguments in proof of their ivil rights tneritstol the king declared who were the subjects intended by ii and in its provisions there is nothing of subjects by iu- viution proclamations had often been e- ferred to he bad never seen any of them such as he had i errd spoken of but from pub- lie documents published at the first settle ment of ihe colony it would be seen that precautions had been taken on this ery sub ject amounting tu anything bur an invitation to all americans indjscriminaiely tosetle in it bin supposing eeu that such a prnc nnaiiou bad been issued aud thai every man had come in under it ami had signed his name lo a roll appended to il would any such formality make him a subject coutraij lo the express principles oi tsunituou law v would hon gen tlemen vv bo now apncaicd to lay so much stress upon proclamations is to entitle them o snpiiioi powvt ii the law itself be content to admit hie lir na pmcl imation if it were now issued declaring conliaivio law that ihe lands ami rights f mthjfcts should be ta ken away from ihcm il any invitation had been givntu wlion did ii apply noi su- iely loall the peo le of a counwy who had but i itelv can til rms ag aiii us but there have bee uitntbuia iu tor erg lien tuetile in