UK, Parliament, House of Commons, Copies or Extracts of Correspondence received from Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland, relative to the Constitution of the Legislative and Executive Councils of those Colonies (1839)

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Date: 1839-08-27
By: UK (House of Commons)
Citation: UK, Parliament, House of Commons, Copies or Extracts of Correspondence received from Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland, relative to the Constitution of the Legislative and Executive Councils of those Colonies (London: 1839).
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received from Nova Scotia, New Brunswick,
Prince Edward Island, and Newfoundland, relative
to the Constitution of the Legislative and Execu-
tive Councils of those Colonies.

(Mr. Hume.)

Ordered, by The House of Commons, to be Printed,
27 August 1839.

[Price 1s. 4d.]


RETURN to an ADDRESS of the Honourable The House of Commons,
dated 20 February 1839:–for,

COPIES or EXTRACTS of any CORRESPONDENCE received from Nova
Scotia, New Brunswick, Prince Edward Island, and Newfoundland,
relative to the Constitution of the Legislative and Executive Councils of
the Governments of those Colonies, or to their being made Elective, or to
any Change that has been required by any Branch of the Legislature of
those Colonies to he made to the said Councils, within the last Eight
Years; also, to any Change that has been made, or directed to be made
in them, or in any Mode of appointing New Members of the said

Colonial Office, Downing street,
26 August 1839.


(Mr. Hume.)

Ordered, by The House of Commons, to be Printed,
27 August 1839.

[Price 1s. 4d.]





1. Viscount Goderich to Sir P. Maitland 7 Dec. 1830 Intention of enlarging the Council 1
2. Sir P. Maitland to Viscount Goderich 17 Jan. 1831 Plans for reconstruction of Council 1
3. Viscount Goderich to Sir P. Maitland 1 Mar. 1831 Increasing the Number of Councillors 2
4. Sir P. Maitland to Viscount Goderich 6 June 1831 Approves proposed Addition 3
5. Viscount Goderich to Sir P. Maitland 7 July 1831 Confirms selection of new Councillors 4
6. Sir P. Maitland to Viscount Goderich 26 Aug. 1831 Acknowledgement of preceding Despatch 4
7. Viscount Goderich to the Officer admi-
nistering the Government. 8 Dec. 1832 Separation of the Council into two distinct bodies 5
8. Mr. President Jeffery to Viscount Goderich 20 Mar. 1833 Deferring Report until it is seen how the Plan
works in New Brunswick 6
9. Mr. President Jeffrey to Mr. Sec. Stanley 8 Mar. 1834 Opinion that the Councils should be divided 6
10. Mr. President Jeffrey to Mr. Sec. Stanley
(One Enclosure.) 7 May 1834 Transmits Minutes of Council on proposed change 7
11. Sir C. Campbell to Lord Glenelg 9 Mar. 1837 Resolutions of the Assembly relative to the Council 9
12. Lord Glenlg to Sir C. Campbell 30 Apr. 1837 Readiness of Government to meet the wishes of
the Assembly 11
13. Sir C. Campbell to Lord Glenelg 5 June 1837 Observations on the proposed Division of the Coun-
cil into two Chambers 13
14. Sir C. Campbell to Lord Glenelg (One Enclosure.) 1 May 1837 Address to the King, praying for an Elective
Council, or a Separation of the Legislative from
the Executive Council 15
15. Lord Glenelg to Sir C. Campbell 6 July 1837 Agrees to divide the Council; to send home Names 27
16. Sir C. Campbell to Lord Glenelg 26 Aug. 1837 Submits Names for new Councils 28
17. Lord Glenelg to Sir. C. Campbell 31 Oct. 1837 Remarks on Lists sent home; to make a fresh
Selection 29
18. Sir C. Campbell to Lord Glenelg
(One Enclosure) 16 dec. 1837 Eulogises the late Council; Address the Answer 30
19. Lord Glenelg to Sir C. Campbell 4 Jan. 1838 Approving Service of the late Council 31
20. Sir C. Campbell to Lord Glenelg
(One Enclosure.) 18 Dec. 1837 New Councils should be created by Letters Patent 32
21. Lord Glenelg to Sir C. Campbell 8 Feb 1838 The new Councils will be established by Com-
mission 33
22. Lord Glenelg to Sir C. Campbell
(Two Enclosures.) 10 Feb. 1838 Transmits new Commission 33
23. Sir C. Campbell to Lord Glenelg
(Two Enclosures) 17 Jan. 1838 Fresh Lists of Names for the Council; Letters
Patent constituting the Councils provisionally 35
24. Lord Glenelg to Sir C. Campbell 7 Mar. 1838 Approving the Lists 37
25. Sir C. Campbell to Lord Glenelg
(One Enclosure). 5 Feb. 1838 Address of the Assembly 38


1. Visc. Goderich to Mr. President Black 7 Dec. 1830 Intention of enlarging the Council 42
2. Mr. President Black to Visc. Goderich 1 Mar. 1831 Recommends gradual Changes in the Council 42
3. Visc. Goderich to Mr. President Black 25 April 1831 Agrees to President Black’s Suggestion 43
4. Mr. President Black to Visc. Goderich 25 Aug. 1831 Submits to Names for the Council 43
5. Viscount Goderich to Sir A. Campbell 29 Oct. 1831 Members of Council to be selected from different parts of the Country 44
6. Viscount Goderich to Sir A. Campbell
(Two Enclosures.) 26 May 1831 Tender by the Puisne Judges of their Senta 44
7. Sir A. Campbell to Viscount Goderich 19 Oct. 1831 Wishes the retirement of the Puisne Judges to be postponed 45
8. Sir A. Campbell to Viscount Goderich
(One Enclosure.) 16 Jan. 1832 Policy of maintaining the Council as a counterpoise
to the House of Assembly 46
9. Viscount Goderich to Sir A. Campbell 1 May 1832 Acquiesces in continuance of the Judges in the Council 48
10. Sir A. Campbell to Viscount Goderich
(Two Enclosures.) 20 July 1832 Recommends modification of Plan for organization
of Councils 50
11. Sir A. Campbell to Viscount Goderich 24 July 1832 Selection of Councillors 51
12. Sir A. Campbell to Viscount Goderich 29 Aug. 1832 Number of Executive Council should be limited 52
13. Viscount Goderich to Sir A. Campbell 25 Sept. 1832 Decision of Government as to changes in Council 52
14. Sir A. Campbell to Viscount Goderich 18 Nov. 1832 Recommends Mr. Botsford for a seat 53
15. Viscount Goderich to Sir A. Campbell
(Two Enclosures.) 7 Dec. 1832 Transmits Commission for establishing the new Councils 54
16. Sir A. Campbell to Viscount Goderich 12 Feb. 1833 Reports establishment of the Councils 55
17. Sir A. Campbell to Viscount Goderich (Two Enclosures.) 4 Mar. 1833 Relative Rank of the two Councils 55
18. Sir A. Campbell to Viscount Goderich (One Enclosure.) 11 Mar. Resolutions of Assembly, objecting to the Executive Councillors 56



19. Sir A. Campbell to Viscount Goderich (One Enclosure.) 9 April 1833 Address of Assembly, objecting to the Executive Councillors 58
20. Sir A. Campbell to Rt. hon. E.G. Stanley 26 May 1833 Good effects of division of the Council 58
21. Rt. hon. E.G. Stanley to Sir A. Campbell 8 Aug. 1833 Approves Increase of Legislative Council 59
22. Rt. hon. E.G. Stanley to Sir A. Campbell 27 July 1833 Decides the question as to relative Rank of the Members of the two Councils 59
23. Rt. hon. E.G. Stanley to Sir A. Campbell 7 Aug. 1833 Declines to disturb the new Arrangements 60
24. Sir A. Campbell to Rt. hon. E.G. Stanley 15 Oct. 1833 Submits other Names for Legislative Councillors 60
25. Rt. hon. E.G. Stanley to Sir A. Campbell 30 Nov. 1833 Approves Members selected 61
26. Sir A. Campbell to Rt. hon. E.G. Stanley (One Enclosure.) 26 Mar. 1834 Address of Legislative Council, claiming precedence of Executive Council 61
27. Rt. hon. T. Spring Rice to Sir A. Campbell 31 Oct. 1834 Former Decision on Claims of Legislative Council modified 64
28. Sir A. Campbell to Lord Glenelg (One Enclosure.) 16 Mar. 1836 Resolutions of House of Assembly 65
29. Lord Glenelg to Sir A. Campbell 31 Aug. 1836 Remarks on Resolutions of Assembly 66
30. Lord Glenelg to Sir A. Campbell (One Enclosure.) 5 Sept. 1836 To select Members to be added to the Executive Council 68
31. Sir A. Campbell to Lord Glenelg 17 Dec. 1836 Submits Names for Executive Councils 69
32. Lord Glenelg to Sir J. Harvey 6 April 1837 To recommend Persons for the two Councils 69
33. Sir J. Harvey to Lord Glenelg (One Enclosure.) 28 July 1837 Transmits Resolutions of the Assembly, and sub-
mits Names for the Council 69
34. Lord Glenelg to Sir J. Harvey 21 Sept. 1837 Approves selections for the Executive Council 71
35. Sir J. Harvey to Lord Glenelg 15 Aug. 1837 Justifies increasing the Executive Council 72
36. Lord Glenelg to Sir J. Harvey 21 Sept. 1837 Approves his addition to the Executive Council 73
37. Sir J. Harvey to Lord Glenelg (One Enclosure.) 9 Sept. 1837 New Appointments to the Executive Council satisfac-
tory 73
38. Lord Glenelg to Sir J. Harvey (Two Enclosures.) 31 Oct. 1837 Transmitting Letters Patent for extending the Exe-
cutive Council 74
39. Sir J. Harvey to Lord Glenelg 7 Nov. 1837 Gratified at approval of his measures 76


1. Sir A.W. Young to Rt. hon. E.G. Stanley (One Enclosure.) 2 April 1834 Address of the House of Assembly 77
2. Rt. hon. T.S. Rice to Sir A.W. Young 30 July 1834 Acknowledges Address 77
3. Lord Glenelg to Sir C.A. FitzRoy 13 May 1837 Calling for Report on the Constitution of the Legis-
lative Council 78
4. Sir C.A. FitzRoy to Lord Glenelg 16 Mar. 1838 Address of the Assembly for division of the
Council 78
5. Lord Glenelg to Sir C.A. FitzRoy 4 May 1838 Approves separation of the Council 81


1. Lord Goderich to Sir T. Cochrane 27 July 1832 Transmits Commission constituting a Legislative Council and Assembly 82
2. Sir T. Cochrane to Viscount Goderich (Two Enclosures.) 13 Feb. 1833 Union of the Council and Assembly 86
3. Sir T. Cochrane to Viscount Goderich (One Enclosure.) 12 Mar. 1833 Conduct of the Council in rejecting a Revenue Bill 88
4. Sir T. Cochrane to Viscount Goderich 14 Mar. 1833 (One Enclosure.) 14 Mar. 1833 Address of Assembly, complaining of the rejection of their Revenue Bill 92
5. Sir T. Cochrane to Rt. hon. T.S. Rice (Six Enclosures.) 22 Sept. 1834 Powers assumed by the Council 94
6. Rt. hon. T. Spring Rice to Governor Pres-
cott. 21 Oct. 1834 Decision as to Powers and Constitution of the Council 97
7. Governor Prescott to Earl of Aberdeen (One Enclosure.) 7 April 1835 Address of the Council 99
8. Lord Glenelg to Governor Prescott 30 June 1835 Reply to Address of the Council 103
9. Governor Prescott to Lord Glenelg 18 Aug. 1835 Number of the Quorum of the Council 104
10. Governor Prescott to Lord Glenelg (Twelve Enclosures.) 22 Nov. 1837 Address from House of Assembly; rejtection of Sup-
ply Bill 104
11. Lord Glenel to Governor Prescott 1 Feb. 1838 Commenting on conduct of Council in rejecting the Supply Bill 126
12. Governor Prescott to Lord Glenelg (One Enclosure.) 9 Dec. 1837 Address of Assembly, declaring their attachment to the Constitution 127
13. Lord Glenelg to Governor Prescott 6 Jan. 1838 Acknowledging the Address of Assembly 128



—No. 1.—

COPY of a DESPATCH from Viscount Goderich to Lieutenant-Governor
Sir P. Maitland.

Sir, Downing-street, 7 Dec, 1830.

MY attention having been directed to the constitution of the Councils in the
provinces of Nova Scotia and New-Brunswick, with the view of giving them a
more independent character, by introducing a larger proportion of members
not holding offices at the pleasure of the Crown; I have to request that you
will report to me, in the event of its being considered desirable to increase the
number of the council in the province of Nova Scotia, how for it may be prac-
ticable to find a sufficient number of persons of respectability of this descrip-
tion, whose services may be employed advantageously as councillors.

I have also to acquaint you, that in future it is proposed that the puisne
judges of the province should not be admitted to seats in the Council.

I have, &c.
(signed) Goderich.

— No. 2. —

(No. 2.)

EXTRACT of a DESPATCH from Lieutenant-Govemor Sir P. Maitland to
Viscount Goderich, dated Halifax, Nova Scotia, 17 January 1831.

THE December mail has brought me your Lordship‘s despatch of the 7th of
that month, calling upon me for information as to the practicability of improving
the constitution of the Council of this Province, and giving it a more independent
character by introducing a larger proportion of members not holding office at
the pleasure of the Crown.

Previous to the resignation of your Lordship’s predecessor in office, I was
informed (not officially) that the measure of establishing a distinct Legislative
Council in this colony had been more than once pressed on the attention of
His Majesty’s Government, and I received an intimation that my sentiments
on this question were desired, and I had only hitherto deferred submitting any
detailed plan in the hope of being able to furnish the Secretary of State with
more accurate information on some points, than my short and interrupted
connection with the afiairs of this Province had yet enabled me to supply.

I must beg leave to premise, before submitting to your Lordship any obser-
vations on the projects, that I am aware of no feeling of dislike to the consti-
tution of the Council, deserving to be called the public feeling, having at any-
time been manifested here. There has undeniably been some expression of
dissatisfaction, but it has been, for the most part confined to the speeches of
some membeis of the Assembly, and the columns of one or two of our numer-
ous weekly journals; but the general opinion has not been unfriendly to this
body. The individuals that compose it have been respected as such, and as
a body they have not been thought to exercise their functions otherwise than
conscientiously and wisely.

It must, however, be admitted that the dissemination of the Report of the
Committee of the House of Commons, and the other published documents on
Canadian affairs, has excited, as well here as in other colonies, the expectation of
a change, which in the case of the Canadas has been represented of such im-
portance as to be encessary to the well-being of the colonies; and this expec-


tation I cannot recommend your Lordship to disappoint, for it cannotbe reason-
ably expected that a state of things which has been so unreservedly condemned
by such authority will long continue to be acquiesced in in any of the colonies,
however complacently it may be regarded or quietly submitted to at present.

Whether the contemplated measure of increasing the Council, in the manner
suggestecl by your Lordship’s despatch, will fulfil the expectations I have
alluded to, will doubtless appear to your Lordship a point very deserving of
serious consideration, but I shall not deal fairly by your Lordship, or His
Majesty’s Government, if I did not express my apprehension that it may not,
for it will not remove the ground of the main exception taken to the Council,
that, as a body, it occupies two distinct places in the constitution, and combines
in itself functions which it is held, ought here, as in England, to be kept
separate. I think, moreover, it is but reasonable to anticipate that the public
mind in this colony being once directed to the object of legislative reform, will
scarcely fail to expect, that when a change shall take place in a state of things,
long held to be established, it will be such a change as will bring the constitu-
tion of this as near as that of any other colony to the great model in the mother

The constitution of this Province was not bestowed like that which is enjoyed
by the two Canadas under the same statute, the 31st George 3, by an Act of
the British Parliament, nor like that which has been granted to some other
colonies, by a specific charter from the King; what it derives from Royal
authority is to be found only in occasional instructions, transmitted as circum-
stances require to successive governors; amongst these instructions so trans-
mitted, it is not strange that some should contradict others, nor that those of
an early date should assign functions to the two Houses of the Legislature,
very different from those which are exercised by the corresponding bodies of
the mother country, and it was long ago considered desirable by the highest
legal authority in this Province, that whatever was right and conformable to
the British constitution in the existing state of things, should be established
and placed beyond the reach of controversy by the sanction of an imperial
statute ; “objections,” it was affirmed, ” having often been made in the
Assemblies to the Royal Instructions, as not obligatory on them, but on the
Governors only.”

I have stated these things, because whatever course may be decided upon,
whether that of simply increasing the Council, or that of going to the full extent
of conferring by imperial statute, such a constitution as the Canadas enjoy, it will
be so momentous in its consequences to this peaceable and happy colony, that
I cannot but feel anxiously desirous that your Lordship, before coming to a
decision, should be made thoroughly acquainted with the state of things in the
Province. For this purpose I transmit the enclosed papers, and for the same
reason I have judged it right to commission Mr. Justice Halliburton, the
senior puisne judge of the Supreme Court, to proceed to England with this
despatch. Mr. Halliburton has for many years rendered himself useful to the
colony, by taking an active and useful part in its legslative proceedings, during
which he was in full possession of the confidence of my three immediate prede-
cessors; and I have no hesitation in introducing him to your Lordship, as a
person whom your Lordship may safely consult in all matters connected with
the interests of this Colony; and had I no other reason for selecting him on
this occasion than the letter from the Secretary of State, conveying his un-
qualified approbation of the manner in which Mr. Halliburton had executed
a service of a very delicate nature, I should have thought that sufficient.

— No. 3. —

(No. 8.)

COPY of a DESPATCH from Viscount Goderich to Lieutenant-Governor
Sir P. Maitland.

Sir, Downing-street, 1 March 1831.

I HAVE the honour to acknowledge the receipt of your despatch of the
17th January last, respecting, the separation of the Executive and Legislative
Councils in Nova Scotia, and the proposed addition to the representation of the


I am too well aware of the great importance of these two questions to the
welfare and tranquillity of the province, and to the good understanding which
at present prevails amongst the different branches of the government there, to
have any desire to disturb this satisfactory state of affairs by any alterations in
the present system which might not be desired by the province itself.

I am at the some time disposed to think that you have given a wider inter-
pretation than was intended to my letter of inquiry on the propriety of sepa-
rating the Executive from the Legislative Councils ; and although I am happy to
avail myself of the experience of Mr. Halliburton to acquire information from
him respecting the affairs of the province, yet I should not have thought it
necessary to require the presence of any one from Nova Scotia on the present

In regard to the Council, after having consulted with Mr. Halliburton and
Mr. Archibald, I am not of opinion that it is advisable at this moment to effect
any change in the condition of the Council beyond making some addition to the
number of the members. I am therefore to request that you will report to me
your opinion as to the propriety of increasing the Council to the number of
15 members, and that you will transmit to me the names of such persons, not
being in the employment of Government, as you may consider most eligible,
from their character and attainments, to belong to that branch pf the legis-
lature; With respect to the vacancy caused by the death of the late attorney-
general, I am to request that you will fill it up by the appointment of the
person whose influence as a landed proprietor would point him out as most
fitted for that situation.

The increase in the number of the representation of the province, or any
further alteration in the Council, will, if necessary, become matter for future

I have, &c.
(signed) Goderich.

—No. 4.—

COPY of a DESPATCH from Lieutenant-Governor Sir P. Maitland to
Viscount Goderich.

Government House, Halifax,
6 June 1831.

Mr Lord,

YOUR Lordship hating done me the honour, in your Despatch of the 1st
March, to require my opinion as to the propriety of increasing the Council of
this province to the number of 15 members, I have given my best consideration
to the subject, and after reviewing all the circumstances that have occured to
me, as connected with the question, I have no hesitation in stating that the
proposed augmentation would, in my opinion, be decidedly advisable.

In the same Despatch I am desired to fill up the vacancy in the Council,
caused by the death of the late attorney-general, by the appointment of the
person whose influence as a landed proprietor should point him out as most
fitted for the situation. With the exception of the gentleman already in the
Council, I believe Mr. Henry A. Cogswell to be the wealthiest landed proprietor
we have, and that he derives from his possessions, character and intelligence
a corresponding share of influence in the community. His residence is fixed
in the town of Halifax, and he holds the office of Registrar of the Court of
Chancery; but I have ascertained that he is willing to resign this office, and
I know not that his having held it ought to be considered as an obstacle to his
appointment. His legal knowledge and readiness in transacting business are
calculated to render him very useful in the Council, as the casual absence of the
judges causes the want of these qualifications to be much felt. I do not fore-
see that any material business is likely to require the attention of the Council
before your Lordship’s sentiments on this subject can be received; but should
any such occur, I shall consider myself as fully authorized to appoint Mr.
Cogswell to the vacant seat.

In obedience to your Lordship’s commands, I transmit the names of thre
other persons considered by me as eligible, from their character and attain-


ments, to seats in the Council. The gentlemen I am about to name have
extensive family connexions, and are in the habit of associating with many
respectable and intelligent persons, who are little known in what is thought the
highest class of society here, a class (I mean not the slightest reproach to
its members in the observation) which has undeniably not increased its very
limited circle in proportion to the increase and advancement of the province.
I am inclined to believe, however, that the appointment of the persons I shall
name will not be viewed with any degree of dissatisfaction by the class of society
to which I have just alluded, and that they would form an addition to the
Council, which would be greatly approved of in the colony.

Mr. Peter McNab is the proprietor of a valuable and extensive island about
two miles from the town, where he resides among his tenantry.

Mr. James Tobin is a Roman-catholic, a merchant in affluent circumstances,
of sound understanding and good judgment.

Mr. Joseph Allison is the President of the Chamber of Commerce, and pro-
bably possesses more mercantile information than any other person in the
province; and his services at the Council Board would be very valuable.

None of these gentlemen have applied for appointment, nor are they aware
of my intention of recommending them to your Lordship.

I have, &c.
(signed) P. Maitland.

—No. 5.—
(No. 18.)

COPY of a DESPATCH from Viscount Goderich to Lieutenant-Governor
Sir P. Maitland.

Sir, Downing-street, 7 July 1831.

I HAVE the honour to acknowledge the receipt of your despatch of the 6th
June last, in which you state your opinion that it would be expedient to increase
the number of the Council of the province of Nova Scotia to 15 members, and
recommending the following gentlemen as addition to that board, which
would be very generally approved of in the colony, viz.

Mr. Peter McNab,
Mr. James Tobin,
Mr. Joseph Allison.

I have to acquaint you, in reply, that his Majesty has been pleased to approve
of the appointment of those gentlemen to be members of the Council of Nova
Scotia; and I am to request that you will direct the usual application to be
made for their mandamus at my office.

I have, &c.
(signed) Goderich.

— No. 6.—

COPY of a DESPATCH from Lieutenant-Governor Sir P. Maitland to
Viscount Goderich.

Government House, Halifax,
26 August 1831.

My Lord,

IN reference to your Lordship’s despatches of the 1st of March, and 7th July,
I have the honour to inform your Lordship that His Majesty’s approval of the
appointment of Messrs. Cogswell, McNab, Tobin, and Allison, as members of
the Council of this Province, has been duly notified; and that I have directed
those gentlemen to make the usual application for their mandamuses.

I have, &c.
(signed) P. Maitland.


—No. 7. —

(No. 51.)

COPY of a DESPATCH from Viscount Goderich to the Officer administering
the Government in Nova Scotia.

Sir, Downing-street, 8 December 1832.

IN carrying into effect the recommendations of the Committee of the House
of Commons on the subject of the Councils in Upper and Lower Canada, my
attention has also been directed to the composition of that branch of the
legislature in New Brunswick and Nova Scotia, particularly to the custom that
the Executive and Legislative Councils, though distinct bodies, should consist
of the same individuals.

To this practice I think there are several objections which induce me to
believe that it might with advantage be departed from; the circumstance of
the same gentlemen being members of both Councils has a tendency,I think, to
prevent either from discharging with effect the duties which ought to devolve
upon it.

The Executive Council should consist of a small number of gentlemen, in-
cluding perhaps one or two influential members of each branch of the legis-
ture, with whom the governor might confidentially consult upon the executive
business of the government. To this council it would not be proper to
nominate any of the judges; the chief justices in Upper and Lower Canada
having retired in deference to the opinion which had been expressed by the
House of Commons on the subject.

The Legislative Council, on the other hand, should principally consist of
gentlemen independent of and unconnected with the government, and selected
from the principal inhabitants of the province, and those having the greatest
stake in its welfare. The Council appears to me at present too numerous to
be usefully consulted by the governor in the administration of affairs, whilst it
is not sufficiently so, and has too close a connexion witli the executive govern-
ment, to enable it to possess the weight and authority which should belong to
it as an independent branch of the legislature.

It appears to me, therefore, desirable that the members of the Legislative
Council should be increased, and that its members should, cease to be neces-
sarily members of the Executive or Privy Council; while at the same time the
latter should consist of only five or six members, and be composed of one or
two members of the present Council and of the Assembly, and those of the
chief officers of government whom the governor might think it desirable to
include in it.

l am also of opinion that, with the exception of the chief justice, the judges
ought not in future to be appointed members of the Legslative Council.

Having communicated with Sir A. Campbell on the subject, he has entirely
concurred in the propriety of introducing in the Council of New Brunswick the
alteration to whiclil have adverted in this despatch, and His Majesty has been
pleased, at my recommendation, to establish, by commission under the great
seal, two distinct and separate councils in that province, the Executive Council
consisting of five members, whilst the Legislative will at present be increased
to about 14 members.

I am therefore desirous of obtaining the sentiments of yourself and his
Majesty’s Council on the subject. If a similar measure should be considered
desirable in Nova Scotia, and likely to promote the interests of the province,
and to be acceptable to the inhabitants, I should be ready to advise His Majesty
to grant a similar commission for Nova Scotia.

I have, &c.
(signed) Goderich.


—No. 8.—

COPY of a DESPATCH from Mr. President Jeffery to Viscount Goderich.

Government House, Halifax,
20 March 1833.

My Lord,

I HAVE given much attention to your Lordship‘s despatch of the 8th December
1832, No. 51, the receipt of which I had the honour to acknowledge on the 27th
January; but as l have not deemed it advisable to bring the subject of it
officially before the whole body of the Council, during the sitting of the Legis-
laturc, I am not yet prepared to comply with your Lordship’s requisition for
their sentiments, and my own, upon the expediency of introducing in the Council
of this Province the alterations lately adopted in that of New Brunswick.

My intention was to take the opinion of the Council on the proposed measure
at the close of the session; but as, by recent intelligence from New Brunswick,
the change in the constitution of that Province does not appear to have given
satisfaction, a disinclination would probably be entertained here to the imme-
diate adoption of a similar measure; and the agitation of the question at the
present period might, in my humble opinion, have a tendency to disturb the
peaceful state of the colony.

Under these circumstances, I shall deem it prudent to withhold your Lord-
ship’s despatch from the Council until I am honoured with your Lordship‘s
further instructions for my guidance.

I have, &c.

(signed) Thos. N. Jeffery.

—No. 9.—

(No. 5.)

EXTRACT of a DESPATCH from Mr. President Jeffery to the Right honourable
E.G. Stanley; dated Government House, Halifax, 8 March 1834.

THE House of Assembly have also had under consideration the present con-
stitution of His Majesty’s Council, and have passed resolutions, declaring ” the
Council to be defective, because its Members combine legislative and executive
powers; and that, in the opinion of the House, a Legislative Council distinct
from the Executive Council, and more extensive in numbers than at present
exists, may, with great advantage to the public interests, be selected from
His Majesty’s loyal subjects in this Province.” A committee has been named
to prepare an address to His Majesty on the subject, or to report a Bill, as they
may deem the preferable mode of accomplishing the object.

In my reply to Viscount Goderich’s despatch of the 8th December 1832,
requiring the sentiments of myself and His Majesty’s Council, upon the pro-
priety of introducing into the Council of this Province the alteration then
recently adopted in that of New Brunswick, I stated my reasons for considering
the agitation of the question to be at that period inexpedient, and I mentioned
that I should therefore take the liberty of withholding his Lordship’s despatch
from the Council until I should be honoured with further instructions, which
have not been received.

I, shall now, however, deem it my duty to lay the despatch before them ; and
I hope to be soon able to connnunicate with you, more fully and satisfactorily
than I can at present, on a subject which involves so many serious con-


—No. 10.—

COPY of a DESPATCH from Mr. President Jeffery to the Right honourable
E.G. Stanley.

Government House, Halifax,
7 May 1834.


IN a despatch which I had the honour to address to you on the 8th March
last. I mentioned that as the subject of the constitution of the Council in this
Province had come under discussion in the House of Assembly, and a committee
of the House had been appointed to prepare an Address to the King, praying
that two Councils, executive and legislative, might be established, I should
deem it my duty to submit to His Majesty’s Council, Viscount Goderich’s
despatch of the 8th December 1832, (which, for reasons formerly explained, had
not been communicated to them,) requiring their sentiments upon the expe-
diency of such a measure; and I have now the honour to recommend to your
attention the enclosed extract from their minutes.

As this paper enters fully into the subject, I have but to express my own
concurrence in the Board’s unanimous opinion that the proposed separation of
the executive and legislative functions of the Council would be attended with
many and very serious evils ; and I therefore earnestly hope that the reasons
adduced in support of that opinion may convince His Majesty‘s Government of
the propriety of permitting Nova Scotia, until better prepared for a change, to
retain its ancient constitution.

I have, &c.

(signed) Thos. N. Jeffery.

Enclosure in No. 10.

In Council, 6th May 1834.

THE President laid before the Board a despatch from the Right honourable Viscount
Goderich, dated Downing-street, the 8th December 1832, requiring the opinion of the
Council upon the expediency of establishing in Nova Scotia two separate councils, execu-
tive and legislative, composed for the most part of different individuals.

After giving their best consideration to this important communication, the Council would
gladly have declined offering any opinion upon a subject which appears to be nearly con-
nected with themselves and their office. But as this Board, from its establishment in the
year 1749 to the present day, have not been accustomed to shrink from an duty com-
mitted to them by is Majesty or His Government, because it was difficult or unpleasant, they
will proceed at once to give, with frankness, the result of the best judgment they have been
able to exercise upon this question, which they have felt to be one of some delicacy.

If the theory of the constitution were alone regarded, the example in the parent country
would prompt them to say, such a separation of the Executive from the Legislative Council
as is proposed, would be desirable; but it is manifest that the difference in the condition of
the two countries is so great, that no parallel can be preserved: and looking at the subject
practically, they perceive at once very serious objections to the proposal.

The intention of the Government is, without doubt, to nominate to the Legislative Council
sensible and well educated men, possessing large landed property, separated from office,
and having influence in the different counties in which they reside: upon a supposition that
such men would be likely to concur with the most respectable majorities of the House of
Assembly in all questipns which affect the great interests of the country, and so preserve
harmony in the Legislature. But, unhappily, such men are not to be found in the several
counties of Nova Scotia; and even if they could be found, there is much reason for believing
they would not be more ready than the members of the present Council to concur with the
Houses of Assembly in such objects as have sometimes been differently entertained in the
two Houses. If the personal allusion may be excused, it may be remarked that the dis-
cernment of Sir James Kempt, when Lieutenant-governor of Nova Scotia, and anxiously
looking for such persons as have been described, placed two members of the present Board
in the Council, because he was satisfied they answered the description as completely as any
individuals that could be found in the colony. But it is well known, and the minutes of
Council supply the information, that these individuals, wholly unconencted with office,
whose independence in every respect has never been questioned, have been uniformly
opposed to the views of the House of Assembly on each of those few occasions when a dif-
ference of opinion in the two branches of the Legislature has given dissatisfaction to the
lower house, and excited their complaints. It is only on account of the difficulty, or rather
the impossibility of finding more persons in the different sections of the province, with all
the qualifications which these possess, that the number of the present Council has not
been increased. In selecting individuals therefore to fill a more extensive legislative council,


a different description of persons must of necessity be taken, and the most eligible that
could be found would be so many of the best members of the House of Assembly as would
be required, or of the fittest candidates for seats there, whose services would be more
important and more valuable in that House, which could ill spare them, than in the other,
and whose appointment to the Council would therefore be an injury to the House of
Assembly and to the province.

The Government, it is believed, look forward to an increase of strength and influence in
the Legislative Council, as the natural result of the proposed alteration. But those in
Nova Scotia, who desire the change, are loud in their complaints that the Council are
already too powerful. The Government therefore must be disappointed in their expecta-
tion, or the dissastisfaction of those in the colony who desire the change must be in-
creased, as soon as that change is effected; and either of these consequences is very unde-

But perhaps a more serious objection will be found in the effect that has been produced
in these colonies into which the measure has already been introduced. The present state
of the Canadas supplies such objection in full force. The measures of their legislative
Councils, for some years past, have given rise to more complaint and invective than were
ever known under the more ancient constitution of the colonial councils. These complaints,
indeed, have been so multiplied that an elective council, which would inevitably lead to a
republican constitution, is boldly insisted upon by the complainants as the only effectual
remedy for their alleged grievances.

In New Brunswick the experiment has been recently made, and instead of affording
general satisfaction, has created usual discontent in that peaceable province, which will
not be easily allayed, unless by a return to the ancient system.

The records in the Colonial Office will show whether Nova Scotia, under its present
constitution, has been more or less quiet and contented, and easily governed than those
colonies into which a different constitution has been introduced, while the testimony of its
governors and the journals of its council will show what part that body, as at present consti-
tuted, has had in promoting the welfare of the people. The Board will be excused from
saying more on this point, but they earnestly request the reference and the comparison may
be made by his Majesty’s Secretary fo State.

If it should be be alleged as a reason for making the proposed alteration that some desire
for it has been expressed, it may be observed that change of any and of every kind will
never be without advocates, while discontented and self-interested men form a part of every
community. There has been no evidence that the measure is generally desired in the colony,
and if some, or even many, wish for it, it is not probable that all these will be satisfied if
the change should be accomplished. There will be ten expectants for every appointment
that will follow; nine-tenths of these must therefore be disappointed, and thus discontent
will be increased. The subject has indeed been under discussion in the House of Assembly,
where the first mention of it has led some of its advocates, and even His Majesty’s Solicitor-
general, among others, to express a desire for an elective Council; with total disregard or
forgetfulness of the obvious fact, that the balance of the constitution would at once be
destroyed, when no intermediate body would be left between the representative of the
Crown and the representatives of the people. But it is believed that the subject has never
yet created much interest in that house, although several of its members have been named
as expectants of seats in the Executive and Legislative Councils.

All these considerations lead to the conclusion that the suggested alteration should not be
hastily made, even if the acts of the Council, or the character and conduct of the indivi-
duals who compose it, were obnoxious to objection. Whether they are so obnoxious may
be easily ascertained by the Secretary of State from the discerning individuals now in Eng-
land, who have been Governors of the colony, but have ceased to be connected with it; and
these distinguished persons, when giving their testimony to the character and usefullness of
the Council, as now constituted, can easily state whether the Board, although ready and
anxious at all times to promote the objects of the Government when they would conscien-
tiously promote them, have ever flinched from offering their honest advice, when they have
been so unfortunate as to differ in opinion from the representative of their Sovereign.

A due regard to all the circcumstances which have now been mentioned, and to many
others which need not be enumerated, has satisfied the Council that it must be desirable to
retain in the Province its ancient constitution, which hitherto has neither been inconvenient
nor unsuccessful. It may easily be altered at a future day, when the colony shall be more
ripe for such a change, if the new constitutions which have been introduced into the adjoin-
ing colonies, should, notwithstanding the inconvience which now attends them, ultimately
prove to be superior, in practical client, to those for which they have been substituted; but
the Council are impressed , with a conviction that at present the proposed change is unne-
cessary, and would prove not only useless, but injurious; and they feel confident that this
explicit declaration of their opinion will at least be received as evidence of the honesty with
which their advice is given, whether called for by His Majesty’s Government, or by His
Majesty’s representative in the province.

If more than has already been stated were wanting to strengthen the opinion which the
Council have now expressed, a full confirmation of it would be supplied by the very extra-
ordinary measures which have recently been adopted in the House of Assembly in Lower
Canada, where indulgent compliance with unreasonable claims has created a habit of yield-
ing on one side, and a habit of complaining and demanding on the other, until ultimate
objects are now avowed, which fill every loyal subject with regret and alarm; and the dis-


contented have boldly declared, with revolutionary violence, that one of the most favoured
and happy colonies of the most indulgent monarch in the world, must be converted into a

Having now performed the duty which has been laid upon them, the Members of the
Council have only to add, with every feeling of respect, that if His Majesty’s Government
should not be satisfied with the view they have taken, and with the reasons they have
adduced in support of that view, the same feelings which have always influenced this Board
will prevail. Nothing can be more foreign from their wish than to be impediments in the
way of any measure which His Majesty or His Government may deem essential to the wel-
fare of the colony; and therefore, as it has been their uniform and only desire, in their
present station, to be instrumental according to their ability, in promoting the honour of
His Majesty, and the benefit of the province, they are ready to retire from that station
whenever it may be thought their retirement will conduce more effectually than their con-
tinuance, to those important objects.

A true extract from the minutes.

Council Chamber, Halifax, (signed) Riperto George.
7th May 1834.

—No. 11.—

(No. 65.)

EXTRACT of a DESPATCH from Major-General Sir Colin Campbell, G.C.B.
to Lord Glenelg; dated Halifax, 9 March 1837.

As I think your Lordship will be desirous to know how things are going on
here since the meeting of the Legislature, I shall as briefly as possible state to
you their proceedings.

The House passed several resolutions, animadverting upon the construction
of His Majesty’s Council, and the disposition evinced by some of its members
to protect their own interests and emoluments at the expense of the public ;
and also asserting their right to control and distribute the casual and territorial
revenues of the country, &c.; which resolutions were passed by considerable
majorities, but not without much opposition, and a committee was appointed
to draw up an address to His Majesty, embracing the substance of these

The Council, however, very temperutely, but firmly, sent a message to the
House of Assembly, in consequence of their attack upon some of their members;
and I run happy to inform your Lordship that the Assembly, finding they had
gone too far, have rescinded the whole of their resolutions, as well as the
appointment of the committee who were to prepare their address. So that
I now hope that things will proceed in a more calm manner, and that the
business of the Province will be attended to.

Itis evident to me, from the temper of the House, that before the conclusion
of the session, an address will be drawn up to His Majesty, praying for a recon-
struction and separation of the Council, and for the surrender of the casual
and territorial revenues. I trust, from what has occurred, that it will now be
done in moderate and proper terms.

I hope, before the end of the session, to be also enabled to submit to your
Lordship the names of fit and proper persons to be added to the Legislative
Council, and also the names of those individuals whom I consider the most
eligible, and properto form the Executive Council of this Province, as it is
evident that,the reconstruction and separation of the Councils cannot be much
longer delayed, without causing dissatisfaction and excitement, which it is
desirable to prevent, particularly as two separate and distinct Councils are now
established in the other North American Provinces.

The papers which I have the honour to enclose are the copies of the messages
and of the resolutions alluded to in this despatch.


Enclosures in No. 11.
(no. 1.)

In the House of Assembly,
2 February 1837.

ON the motion of Mr. Doyle, the following Resolutions were passed unanimously:–

Resolved, That the practice hitherto pursued by His Majesty’s Legislative Council in
this Province, of excluding the people from their deliberations, is not only at variance with
that of the House of Lords, in England, and that of several of the Legislative Councils in
the other British North American Colonies, but contrary to the spirit of the British
constitution, and injurious to the interests and liberties of this country.

Resolved, That while this House have no desire to deny to the upper branch of the
legislature the right enjoyed by the representatives of the people, and sanctioned by public
opinion, of closing their doors during the discussion of questions of order and privilege, and
on particular occasions when the public interests may require secret deliberation; yet they
should fail in their duty if they did not express to His Majesty’s Council the deliberate
conviction of those they represent, that the system of invariable exclusion pursued for a
series of years, is fraught with much evil, and has a tendency to foster suspicion and

Resolved, That this House is prepared to provide for the expenses which may be incurred
for the accomodation of the public in the Legislative Council Chamber.

On motion of Mr. Doyle,

Resolved, That a conference, by committee, be desired with the Council, on the general
state of the Provinces; and that, upon such conference, the Committee of this House do
communicate the foregoing Resolutions to the Committee of the Council.

Ordered, That the Clerk do request such conference.

(No. 2.)

In the House of Assembly,
4 February 1837.

A MESSAGE from the Council, by Mr. Halliburton.

Mr. Speaker,

The Council have directed me to deliver to this Honourable House a Message, which is
in writing:–And he read the said message at the bar of the House, and afterwards delivered
it into the House, and then withdrew. The said message was again read by the Clerk at
the table of the House, and is as follows:–

Council Chamber, 4 February 1837.

Resolved unanimously, That a message be sent to the House of Assembly to inform them
that the Council cannot continue the conference to which they consented yesterday, as it
commenced on the part of the House by a breach of the privilege of the Council, and a
violation of parliamentary usage, which prohibits one House from interfering with the
internal regulations of the other.

The British constitution does not confer a right upon any person to be present at the
deliberations of any branch of the legislature, of which he is not a member. The rights
of an Englishman are not held by so precurious a tenure as the courtesy of any of his
fellow-subjects; and it is notorious that the only mode of gaining admission to the House
of Lords is by procuring a special permission from a Member of that House, which may be
either granted or withheld at the pleasure of the person to whom the application is made;
and it is thus obvious, that it is asked and received as a courtesy, and not claimed as a
right. But although His Majesty’s Council do not admit the right, they have for some
time had under consideration the expediency, of adopting the example of the two Houses
of Parliament in the mother country, who now very generally refrain from enforcing the
standing orders, which preclude strangers from being present at their debates.

Although this practice is not unaccompanied by inconviences, it is productive of much
good. It gives to members of the legislature an opportunity of explaining the reasons
which induce them to support or oppose the measures under discussion with greater pub-
licity; and may thus not only shield themselves from misconstruction, but may also remove
much misconception, relative to those measures, from the public mind.

His Majesty’s Council have this subject still under consideration, and will come to such
decision upon it as they shall deem most conducive to the public good; but they cannot
permit the House of Assembly to interfere with their deliberations upon it. The best
interests of the country require that each branch of the legislature should scrupulously
preserve that independence which the constitution has bestowed upon it, and which would
soon be destroyed if either were to allow the other to interfere in the regulations of its own


His Majesty’s Council haveseen by the journals of the House of Assembly, that the
House has this session departed from the pious usage which has ever prevailed in this
country and the parent state. They regret that their coadjutors in legislation do now dis-
cuss and decide upon the various measures which the public interest brings under their
consideration without offering up their united supplications for the aid and guidance of
Him from whom alone all good counsels and all just works do proceed; but deeply as they
may deplore this, they feel that they have no right to interfere; and the subject is only
alluded to, to show that if such interference of one House with the regulations, of another
could ever be proper, His Majesty’s Council might be more justified in reminding the
House of Assembly of the duty of adhering to the ancient and Christian practice of daily
and unitedly imploring the Divine blessing upon our gracious Sovereign, and their own
deliberations, than the House of Assembly can he in applying to His Majesty’s Council to
adopt a practice now in this country, and which, notwithstanding its many advantages, has
had its attendant evils wherever it has been introduced.

(No. 3.)

His Majesty’s Council perceive, by the journals of the House of Assembly, which the
Council have this day received, that the House have passed several resolutions conveying
accusations against His Majesty’s Council, and, among others, one declaring that some of
the Members of His Majesty’s Council have evinced a disposition to protect their own
interests and emoluments at the expense of the public.

His Majesty’s Council admit that it is not only the right, but the duty, of the House of
Assembly, to propose any alteration in the institutions of the country which they think
would prove beneficial to the people; but they cannot admit the House to have any right
to pronounce the members of the Council to be guilty of acting from corrupt motives; and
if they have evinced a disposition to protect their own interests and emoluments at the
expense of the public, their motives must be corrupt.

That decorum which regulates the intercourse of society would not long be preserved in
private life, if in the transactions of the legislature, where a more ceremonious observance
of it ought to prevail, one branch should be permitted to commit so great a violation of it
upon the other, without expostulation or resistance.

His Majesty’s Council trust that the House of Assembly will, upon further consideration,
perceive that a resolution containing such accusations against a co-ordinate branch of the
legislature is inconsistent with those rules of decorum.

His Majesty’s Council would deeply deplore the evils the country would sustain from an
interruption of the public business. They trust that the House of Assembly would equally
deprecate such an event; and they therefore earnestly hope that the House will feel the
propriety of rescinding this resolution, as His Majesty’s Council feel that if they were to con-
tinue to hold communication with the House while that resolution remains unrescinded, they
would justly forfeit their self-respect, as well as the respect and confidence of the public.

It therefore now remains with the House of Assembly to prevent any interruption of the
public business; and the Council repeat their earnest hope that the House, by an act of
justice will enable the Council to co-operate honourably with the House in carrying forward
the busienss of the session, and bringing it to a harmonious and happy issue, with all possible
benefit to the people and to the Province.

— No. 12. —

(No. 77.)

EXTRACT of a DESPATCH from lord Glenelg to Major-General Sir
C. Campbell, G.C.B. dated Downing-street, 30 April 1837.

You give me reason to infer (Despatch, 9 March 1837) that the Assembly
desire such a change in the constitution of the Legislative Council as would
bring it into correspondence with the system at present in force in the Canadas
and in New Brunswick.

It is of course understood in the province that in all the British colonies
possessing representative assemblies, except the Canadas and New Brunswick,
the Council is a single chamber, called at different times to the discharge of
legislative functions, and to the duty of assisting in the administration of the
executive government.

The separation of this body into two distinct chambers, the one legislative
and the other executive, is an experiment which was first tried in the Canadas
by the Act of 1791, and repeated in New Brunswick in the year 1832. So far
as I have been able to judge, the result of this innovation has not been such as


to exclude very serious doubts respecting its real usefulness. It may well be
questioned whether the maintenance of the existing constitution of the coun-
cil of Nova Scotia would not be the best mode of subjecting that body to a
direct and effective responsibility, and of securing to each of the two houses
of legislature its just weight and legitimate influence in the deliberations and
measures of the other. His Majesty, however, is graciously prepared to act on
this question in conformity with such advice as shall be deliberately tendered
to him by the representatives of the people of Nova Scotia, because the King
will not refuse to his people in that province every participation in the institu-
tions of the other provinces of British North America, which their representa-
tives may regard as conducive to the general good, and because his Majesty is
convinced that their advice will be dictated by more exact and abundant know-
ledge of the wants and wishes of their constituents than any other persons
possess or could venture to claim. l willingly abstain from entering on the
discussion of the alternative of an Elective Council, suggested in one of the
rescinded resolutions. It is unnecessary for me to say more on this subject
than to express my conviction that the suggestion was thrown out by the
Assembly rather as a possible compromise of a supposed difficulty than as ex-
pressing any fixed opinion that the evils of which they complain would be
remedied only by so essential a change in the constitution.

The objections made by the Assembly to the actual composition of the
Council are but too well founded, and whether that body shall retain its present
form or shall be resolved into two separate chambers, it must undergo a very
comprehensive change in its component parts.

It is now for the first time disclosed to me, and, as I have reason to think, it
was never understood by any of my predecessors in office, that in this small body
there have been included several gentlemen united together in one commercial
partnership, that the members have been almost without exception from the
inhabitants of Halifax or its vicinity, and that the great majority of them are
all members of one religious community, which is stated to be the least nume-
rous of any of those into which the population of Nova Scotia is divided. It
is impossible that distinctions so invidious should not be productive of serious
discontent; especially must this be the case when peculiarities of religious
belief are assumed as the ground of admission or exclusion.

In the list, which you propose to transmit for his Majesty’s consideration, of
gentlemen qualified to sit in the Council of Nova Scotia, it will be your care to
introduce the names of persons connected with all the great interests, agricul-
tural, commercial, manufacturing, or professional, existing in the province.
You will also, as far as possible, propose candidates connected not merely with
the capital but with the other principal towns, and with the rural districts.
Your recommendations will be altogether uninfluenced by any consideration of
the relation in which the proposed councillors may stand towards the Church of
England, or any other society of Christians; it will indeed be your care to
avoid, as far as possible, such a selection as may even appear to have been dic-
tated by motives of this description; and it may therefore be necessary that you
should advert to differences of religious opinion amongst the various candidates
for this honour, not as constituting any criterion of eligibility, but as a security
against the semblance of undue favour to any particular church.

If the information on which the House of Assembly proceeded shall prove to
be accurate, it is not improbable that the necessity may arise, not merely for
the introduction of many new members, but for the exclusion from the list of
councillors of some of the gentlemen at present holding seats there. I advert
to this subject the more readily, because, as no charge has been preferred against
any individual, such a change, if really essential to the establishment of public
confidence in this body, will be made without the infliction of any reproach or
unmerited pain on any of the gentlemen who may be immediately affected by
it. Thus, for example, I do not think it defensible that more than one member
of the some commercial house should sit at the council board; and if it be true
that this rule has been violated, the retirement of one or more members of any
such firm will not, I trust, be regarded, as it will certainly not be designed, as
a personal slight or degradation.

The next in order of the questions raised by the Assembly is, whether the
chief justice should retain his seat in the Council. On this question I, do not


anticipate any serious difficulty. In the event of the separation of the Council
into two distinct chambers, it is His Majesty’s pleasure that neither the chief,
justice nor any of his colleagues should sit in the Executive Council.

Even if that change be not made, the King thinks it right that neither the
chief justice nor any other judge should be presentat any of the proceedings of
the Council in its executive capacity. The principle to be steadily borne in mind
and practically observed is, that all the judges, including the chief justice,
should be entirely withdrawn from all political discussions and from all participa-
tion in the measures of the local government, or of any persons who may be
acting in opposition to it. It follows that, even in legislation, the chief justice
and his brother judges should take no part whenever (as must often happen)
the adoption or rejection of a law may involve some question of party politics.
The only motive for retaining the chief justice in the Council would be, that
he would probably contribute to the general improvement of the permanent
laws of the province with a greater extent of experience and knowledge than
any other member of that body; but it may fairly be questioned whether this
advantage can be acquired consistently with that security which His Majesty is
most anxious should be taken against any of the judges being drawn into the
political discussions of the country. Perhaps the wisest course would be, that
which prevails in some of the colonies eastward of the Atlantic, where the
judges are excluded from the local legislature, but are required to revise every
Act before it is finally passed, and to report their opinion whether it is framed
in such a manner as to secure the attainment of the objects which the Legisla-
ture may have in view. The benefit of judicial knowledge and experience is
thus obtained without any sacrifice of judicial independence. These, however,
are questions on which His Majesty desires to act in conformity with the deli-
berate opinion of the people at large, and with the benefit of the advice of their

— No. 13. —

(No. 78.)

COPY of a DESPATCH from Lieutenant-Governor Sir Colin Campbell, G.C.B.
to Lord Glenelg.

Government House, Halifax,
5 June 1837.

My Lord,

I HAVE the honour to acknowledge the receipt of your Lordship‘s despatch
of the 30th April, in which your Lordship, in anticipation of an address from
the House of Assembly, places me in possession of instructions for my guidance
on the several topics which my communication of the 9th March had prepared
your Lordship to expect would be shortly brought, in that form, under the
consideration of His Majesty’s Government by the Assembly.

I have since had the honour of transmitting to your Lordship the address in
question, with the observations of His Majesty‘s Council upon it, and a few
remarks of my own on that part of it which relates to the contemplated change
in the constitution of the Council.

In these documents, the last subject is so fully entered into, that your Lord-
ship will probably have little difficulty in deciding upon the question whether
the legislative reform to be introduced into this Province shall be to the extent
desired by the House of Assembly, that is, a division of the Council into two
separate chambers, or shall simply consist, for the present, as I have ventured
to recommend, of an addition of four or five new members, as legislative coun-
cillors only, and of the exclusion, as your Lordship suggests may be necessary,
of some of those who now have seats at the Council Board.

Finding by your rLordship’s despatch that it is very doubtful whether the
experiment of separating the Council into two distinct chambers, which was
first tried in the Canadas, and subsequently repeated in New Brunswick, has,
in either case, been attended with the expected benefit, and also that it may,
well be questioned whether the maintenance of the existing constitutionof the
Council of Nova Scotia would not be the best mode of subjecting that body to
a direct and effective responsibility, and of securing to each of the two Houses
its just weight and legitimate influence in the deliberations and measures of the


other, I would fain hope that our constitution, which has hitherto worked well,
may not suddenly undergo any very essential alteration.

Your Lordship will, I think, perceive, on reading the observations of the
Council, that there is hardly any real ground for the dissatisfaction which is
said to exist in the Province, and that the grievances complained of by the
Assembly are for the most part theoretical ; and l feel persuaded that the change
contemplated to remedy them, if adopted, will be found here, as it has, I believe,
proved elsewhere, full of practical injury. In colonies where it is wholly impos-
sible to find or form materials for anything like the House of Lords, it is hardly
possible to imagine a plan by which the deficiency can be so well supplied or
atoned for as by the union of legislative and executive power in a carefully
selected body of the most respectable and influential members of the commu-
nity, well acquainted with all the concerns of the country. Their connexion
with the government is the best attainable substitute for an aristocracy, which
can never exist in these colonies. As a check to the democratic influence
which is rapidly growing here, they will no doubt often be obnoxious to the
democratic branch of the legislature; but it is wise and wholesome to place
them thus between the representative of the Crown and the representatives of
the people. When the Council is changed, and its executive and legislative
characters are sundered, the King’s representative must be prepared to
encounter the whole of the odium, when any check is offered to the views of
the Assembly, however wild those views may be.

I should have no other observations to offer on the subject at present, had
not your Lordship intimated that, even if no division of the Council take place,
His Majesty would still think it right that the chief justice should not in future
assist in the administration of the executive government.

I trust I shall not be considered as presuming to urge the slightest objection
to a full compliance with the Royal will, when I state, as I feel it my duty to
state, that, however wrong it may be in theory for the chief justice to take any
part in the executive proceedings of the Council, great benefit has in fact
resulted, for more than 50 years, from the circumstance of the chief justice
being ex officio senior member of the Council. During that period, there have
been three chief justices, and it was never even whispered that political bias
affected the judicial conduct of any one of them : they have all been eminently
useful in the Council, and equally distinguished on the bench. The holder of
this office must always posses intellectual attainments of a superior order, and
have the best means of acquiring, in the discharge of his circuit duties, that
intimate acquaintance with every part of the country, and with all classes of its
inhabitants, which, united with his general and professional knowledge and
habits of business, render him the most efficient member of the Board.

Of the present chief justice, it is enough to say that his integrity and talents
are universally acknowledged, and that it would be impossible to find in the
Province any one so well qualified to preside in the Legislative Council. In
this, therefore, I trust he will be permitted to remain, even if his exclusion
from the other be deemed expedient.

The papers alluded to in your Lordship’s despatch, explaining the principles
on which His Majesty has been pleased to authorize a settlement of the financial
question of New Brunswick, not having been sent, I have written to Sir John
Harvey for copies of the more recent parts of your Lordship’s correspondence
with his predecessor and himself on the subject, and I shall take care to govern
myself by those principles in any similar arrangement into which it shall
become my duty to enter with the legislature of this Province; nor shall I fail
to attend to your Lordship’s instructions in preparing the list which is expected
from me of gentlemen eligible as councillors.

I have, &c.

(signed) C. Campbell.


— No. 14. —

(No. 71.)

COPY of a DESPATCH from Lieutenant Governor Sir Colin Campbell, G.C.B.
to Lord Glenelg

Government House, Halifax,
1 May 1837.

My Lord,

My despatch of the 9th March will have prepared your Lordship for the
Address of the House of Assembly, which I now have the honour to enclose,
representing various grievances under which the inhabitants of this Province
are said to labour, and praying His Majesty, as a remedy for them, to grant an
elective Legislative Council, or to separate the Executive from the Legislative
Council, providing for a just representation of all the great interests of the
Province in both, and securing the responsibility of the former to the

This Address, containing several charges against the Council, I felt it to be
my duty, in justice to that body, to lay a copy of it before them, for otherwise.
they would have had no opportunity of noticing it officially. The Council have
in consequence presented an address to me, accompanied by various observa-
tions on such of the charges of the Assembly as are not of too general a nature
to be refuted, and urging numerous objections to any wide departure from the
ancient constitution of the Province. I have also the honour to enclose these
two documents, with the several papers annexed to them, and request that
your Lordship will be pleased to lay them at the foot of the Throne, with the
Address of the Assembly.

Viewing the subject theoretically, important advantages might be expected
from the establishment of two distinct Councils ; at the same time I cannot but
think that the arguments used by the Council against the actual adoption of the
measure deserve serious attention.

As far as I am myself concerned, I should prefer things to remain nearly as
they are, for I have had every reason to he satisfied with the conduct of my
Council, as well in their legislative as executive capacity, and I feel persuaded
that any material change in the constitution of that body, however well con-
sidered the plan of its improvement might he, would not diminish the dissatis-
faction which at present exists. An addition of four or five, however, to the
Council, as legislative councillors only, would, I think, be desirable, and would
naturally lead, under improved circumstances, to the formation of a distinct
Legislative Council. This is all the change that I can recommend at present;
but should your Lordship be of opinion that the time is arrived for assimilating
the constitution of this Province to the constitutions of the neighbouring colonies,
your Lordship may rest assured that I shall cheerfully assist your Lordship in
making the necessary arrangements for carrying the measure into effect before
the next meeting of the Legislature.

I have, &c.

(signed) C. Campbell.

Enclosure in No. 14.

ADDRESS of the House of Assembly to the King, complaining of the Constitution of
His Majesty’s Council, and other Grievances; with an Address of the Council to the
Lieutenant-Governor, and their Observations in reference to the Address of the


The humble Address of the House of Representatives in General Assembly,
for the Province of Nova Scotia,

May it please Your Majesty,

WE, Your Majesty’s dutiful and loyal subjects, the representatives of Nova Scotia, while
approaching the Throne to ask for a redress of grievances, tender the assurance of the una-
bated attachment of those we represent to Your Majesty’s person and Government. The
people of Nova Scotia, when anything trenches upon their rights, or retards their prosperity,
turn to their Sovereign, as the father of all his people, wherever their lots may be cast ; and
whose affection is not diminished by distance, nor bounded by the four seas of Britain, but
extends to the most remote limits of his empire, rearing, wherever practicable, institutioos.
favourable to freedom, and fostering that love of justice, that nice sense of the relative
579. G 4 dunes


duties of the Government and the governed which distinguishes the parent state. Nor is
their confidence in Your Majesty diminished by the reflection that in early life you visited
Nova Scotia, and in maturer years have sanctioned those vast reformatory changes at home,
which embolden them to seek for a revision of their institutions, and the introduction of
these checks and guards, without which they feel that private happiness and public liberty
can never be secure.

In the infancy of this colony its whole government was necessarily vested in a governor
and council; and even after a representative assembly was granted, the practice of choos-
ing members of council amost exclusively from the heads of departments, and persons
resident in the capital, was still pursued, and with a single exception has been continued for
the last 30 years. The practical effects of this system have been in the highest degree
injurious to the best interests of the country, inasmuch as one entire branch of the legis-
lature has generally been composed of men, who, from a deficiency of local knowledge, or
from the natural bias incident to their official stations, were not qualified to decide upon
the wants or just claims of the people, by which the efforts of the representative branch
were, in many instances, neutralized or rendered of none avail.

Among the many proofs that might be adduced of the evils arising from the imperfect
structure of the upper branch, it is only necessary to refer to the unsuccessful efforts of the
Assenibly to extend to the outports the advantages of foreign trade, to the enormons sums
which it was compelled, after a long struggle, to resign for the supportof the customs
establishment, to the difficulties thrown in the way of a just and liberal system of education,
and to the recent abortive attenipts to abolish the unconstitutional and obnoxious fees taken
by the judges of the Supreme Court.

While the population of this province is composed, as it appears by the last census taken
in 1827, of 28,659 members of the Episcopal Church, and 115,195 Dissenters, which pro-
portions may be assumed as fair at the present time, the appointments to the Council have
secured to the members of the Church, embracing but one-fifth of the population, it clear
and decided majority at that Board. They have new in that body nine members. The
Presbyterians, who out-number them by about 9,000, have but two; the Catholics, who are
nearly qual, but one; wliile the Baptists, ainouiitiiig by the census of the same year to
19, 790, and the Methodists to 9,498, and all other sects and denominations, are without
any of their members in a body whose duty it is to legislate for all. The Catholic bishop
has no seat at the Council Board, and clergymen of that and other denominations are, as
they ought to be, excluded, yet the bishop of the Episcopal Church has been since the
year 1809, and still is a member.

Your Majesty will readily perceive that, whether desigiied or not, the mere circumstance
of one body of Christians having such an overwhelming influence in the Legislative and
Executive Council, has a tendency to excite a suspicion that, in the distribution of patronage,
the fair claims of the dissenting population, founded upon their numbers, respectability and
intelligence, are frequently overlooked. This is not the only objection urged by the people
of Nova Scotia against the composition of the Council, and to which it is our duty to call
Your Majesty’s attention. Two family connexions comprehend five of its members, and
until very recently, when two of them retired from the firm, five were copartners in one
banking establishment; to this latter circumstance has been attributed the failure of the
efforts of this Assembly to fix a standard of value and establish a legal currency.

The people of this province have for years asserted, and still most respectfully assert, their
right to control and distribute the casual and territorial revenues of the country, whether
arising from the fees of office, the sale of lands, or the royalty paid upon the produce of the
mines, as also the amount of the old Crown duties. The lands of the province are in effect
mortgaged to pay to the commissioner a salary out of all proportion to the duties he is
called on to perform. Since his appointment in 1831, 5,924 l. 8s. 10d. have been received
on account of 107,923 acres of land sold, and the whole amount, except 216 l. 8s. 01/4 d. has
been taken to pay the Commissioner and defray the expenses of the department, while all
the mines and minerals of the province are held under it lease for 60 years by a wealthy
English company, without the consent of, and independent of all control by, the representa-
tives of the people.

Apart from the more question of judges’ fees, this Assembly is convinced that the pre-
sence of the chief justice at the Council Board has a tendency to lessen the respect which
the people ought to feel for the courts over which he presides, while the position occupied
there by the collectors of the customs and the excise is also unwise.

Though this Assembly might illustiate, the evils arising from the structure of the Council
by other examples, and experience has taught them that it is not always safe to attempt to
convey to the foot of the Throne representations that are disagreeable to its members. A
year’s revenue, and all the appropriations, were sacrificed in a protracted struggle with the
upper branch in 1830; and during the present Session the Assembly found itself com-
pelled, by a regard to the public interest, to rescind a series of resolutions, passed after grave
deliberation, and comprehending many of the topics touched on in this address. The vils
arising from the structure of the Council are heightened, and rendered more injurious by
the practice adhered to by that body, of sutting out the people from their deliberations.
This practice they still maintain, although it is oopposed to that of the House of Lords in
England, that of the Legislative Councils of Lower Canada, New Brunswick, and New-


foundland, and notwithstanding the murmurs and complaints of the people for a long
series of years, andthe representations and remonstrances of this Assembly.

While this House has a due reverence for British institutions, and a desire to preserve to
themselves and their children the advantages or the constitution, under which their brethren
on the other side of the Atlantic have enjoyed so much prosperity and happiness, they
cannot but feel that those they represent participate but slightly in those blessings. They
know that the spirit of that constitution, the genius of those institutions, is complete
responsibilily to the people, by whose resources, and for whose benefit, they are maintained.
But in this colony the people and their representatives are powerless, exercising upon the
local Government very little influence, and possessing no effectual control. In England,
the people, by one vote of their representatives, can change the ministry, and alter any
course of policy injurious to their interests ; here the ministry are Your Majesty’s Council
combining legislative, judicial, and executive powers, holding their seats for life, though
nominally at the pleasure of the Crown, and often treating with indifferences the wishes of
the people and the representations of the Commons. In England, the representative branch
can compel a redress of grievances by withholding the supplies; here, they have no such
remedy, because the salaries of nearly all the public officers being provided for by perma-
nent laws, or paid out of the casual and territorial revenues, or from the produce of duties
collected under Imperial Acts, a stoppage of supplies, while it would inflict great injury
upon the community, by leaving roads, bridges, and other essential services unprovided for,
would not touch the emoluments of the heads of departments in the Council, or of any but
a few subordinate officers of the Government.

As a remedy for these grievances, we implore Your Majesty to grant us an elective
Legislative Council; or to separate the Executive from the Legislative Council, providing for
a just representation of all the great interests of the province in both; and by the introduc-
tion into the former of some members of the popular branch, and otherwise securing
responsibility to the Commons, confer upon the people of this province what they value
above all other possessions, the blessings of the British Constitution.

17 April 1837. George Smith, Speaker.

TO His Excellency Major-General Sir Colin Campbell, Knight, Commander of the
Most Honourable Military Order of the Bath, Lieutenant-Governor and Commander-
in-Chief in and over the Province of Nova Scotia and its Dependencies, &c. &c. &c.


May it please Your Excellency,

HIS Majesty’s Council feel it to be their duty to offer their sincere thanks to Your Ex-
cellency for communicating to them the Address of the House of Assembly, containing
complaints against the constitution and conduct of the Council of this Province.

If His Majesty’s Council believed that any serious grievances existed in this retired but
peaceful colony, they would gladly co-operate with the House of Assembly in humbly
representing them to His Majesty, with unbounded confidence in the gracious inclination
of their Sovereign to redress every wrong.

But deeply interested as they are in the prosperity of a province, which is the home of
themselves and their families, they look with anxiety upon every proposal to make important
changes in the constitution of a colony which has hitherto had abundant cause for con-
tentment, and, whose happiness they are unwilling to hazard by any experiments that
might endanger its institutions, or diminish the prosperity and peace which it now

It cannot be expected that every part of the conduct of any legislative body should
give universal satisfaction; and when the Council have differed from the House of
Assembly upon the expediency of any measure which the House have originated, it is
neither unnatural nor unusual for the disappointed supporters of such measures to complain
of the body by which it was rejected.

The Council cannot be called upon to vindicate their conduct against general charges,
which in their nature are incapable of refutation, and can only be met by the general
character of the accused.

To the opinion of their proceedings entertained by the intelligent and upright members
of the community, the Council look without apprehensions.

Upon those parts of the Address which contain anything like specific complains, the
Council have felt themselves called upon to make some observations, which they do now
submit to your Excellency, with a request that you will have the goodness to transmit
them, with the Address of the House of Assembly, to His Majesty’s Principal Secretary of
State for the Colonies; and they humbly hope that when that high officer lays that Address
at the foot of the Throne, he will inform the Sovereign that his faithful and loyal Council
in Nova Scotia are prepared to vindicate their conduct, and to answer every charge that can
be brought against them.

Brenton Halliburton,
20 April 1837.


OBSERVATIONS of His Majesty’s Council for the Province of Nova Scotia on the Address
of the House of Assembly of the Province to His Majesty

THE first complaint stated in the Address is, that members of Council have been chosen
almost exclusively from the heads of departments, and from persons resident in the capital,
who, from a deficiency of local knowledge, or from the natural bias incident to their
official stations, were not qualified to decide upon the wants or just claims of the people.

It is not necessary now to consider whether it was wise to select members of Council
from the heads of departments or not, as no recent instance of such selection has taken

The chief justice, the bishop, the collector of the customs, and the collector of
imposts, are now the only public officers at the Board, and nearly 20 years have elapsed
since the last was appointed; the eight junior members are all gentlemen unconnected with
the government by any other office than that of member of the Council. It seems
difficult, therefore, to assign any reason for bringing that forward among the lists of

The residence of the members of the Council in the capital is next complained of.

If the King’s representatives were now called upon to supply the names of gentlemen
residing in the country, qualified to become legislative councillors, who would be willing to
perform their duty without renumeration, His Majesty’s Council are of opinion that his
Excellency would feel great difficulty in making such nomination.

To the various charges contained in the third clause of the Address, it may be observed,
that the opposition made by the Council to extend to the outports the advantage of
foreign trade, is confined to the representation which they made on the 16th May 1834,
and submitted to His Majesty’s Government.

That Report was founded on the conviction that the extension sought for by the
House of Assembly would have the effect of counteracting the provisions of the Act of the
Imperial parliament for regulating foreign trade, facilitate smuggling, diminish the pro-
vincial revenue, injure the fair trader, increase the expenses of the customs department, and
operate injuriously upon British and colonial shipping.

For a statement of these views the Council refer to the representation hereinbefore
alluded to, by which it will be seen that although they were opposed to the general
extension of the free port system to the whole province, they did not advocate the confine-
ment of it Halifax only.

That the Council took any part in determining upon the amount of the sum which the
House of Assembly states it was compelled to resign for the support of the Customs
establishment, is distinctly denied. The Council only concurred in the Bill which the
House of Assembly passed, to give effect to the arrangement which now exists.

The Council are at a loss to know what the House of Assembly allude, in stating that
the Council have interposed difficulties to the introduction of a just and liberal system of
education. The Council are, and ever have been, earnestly desirous to promote liberal
education; but as that cannot be done without the provision of funds adequate to the
object, it is the province of the House of Assembly, and not of the Council, to provide
them. The Council would readily concur in any judicious system which the House of
Assembly would originate to promote so desirable an object.

The Council deferred the consideration of the Bills sent up by the House of Assembly, to
abolish the chief justice’s fees, because they would not legislate upon a subject which,
if brought under their consideration at all, should have been brought before them in
their judicial and not in their legislative capacity.

All the chief justice’s predecessors in office had received those fees, except for two
years, during which a commutation was given for them to that officer by law, out of the
public treasury, and no provision was made in these Bills for any such commutation.

If any grievance existed, a remedy should have been sought by law here, and had the
decision proved unsatisfactory, an appeal lay to His Majesty and His Privy Council in

But the House of Assembly, without seeking for redress in a court of law, applied
directly to His Majesty; and the answer to their Address, as communicated by the Right
Honourable the Secretary of State of the Colonies, should have prevented the House of
Assembly from introducing this subject as a grievance chargeable upon the Council.

The next complaint is, that while dissenters in this province are much more numerous
than the members of the Church of England, nine churchmen are members of the Council,
and only two Presbyterians, and one Catholic, leaving the numerous body of Baptists
and other altogether unrepresented.

The first observation that suggested itself in reply to this complaint is, that the Council
are not the represenative branch of the Legislature, and if ti were, it is quite a new
principle of representation to classify all the religious sects in the country, and apportion
the representatives who are to compose a legislative body according to the relative number
of each.

The language of liberality has recently been, that men should be selected for the dis-
charge of political duties without reference to their religious creeds, but this liberality
it appears must not be extended to the members of the Established Church.

His Majesty’s Council are confident that, with the exception of the bishop, who rarely
attends their meetings, not one gentleman was ever called to the Council on account of his


being a member of the Church, but solely because the Governor for the time thought him
an eligible person.

Admitting the relative numbers of the various religious sects in this province to be
corrcctly stated in the Address, the people themselves ave not acted upon this new prin-
ciple of representation, for it will be found that a much greater number of churchmen have
been elected, and are now members of the representative branch of the Legislature, than
this principle would warrant.

The numerous body of dissenters in this province contains many persons of intelligence
and respectability; but His Majesty’s Council think it right, in order to vindicate the
conduct of the Governors who recommended the several members who now sit at the
Board, to state, that a great number of the loyalists who settled in this province after the
Amerucab Revolution were churchmen. Among these were men of education and com-
parative influence, who were their better enabled to bestow a liberal education upon their
children than those who were struggling for a subsistence in a new country, and hence it
arose that a greater proportion of churchmen have often been found qualified to fill public
stations, than a mere reference to their relative numbers would have led us assume; but
this accidental superiority is fast wearing away; and all recent appointinents show that the
Government cannot be justly charged with any undue preference to members of the Church.
Neither of the three last appointed councillors, before alluded to, are churchmen. The
master of the rolls, the attorney-general, the solicitor-general, the clerk of the Crown,
are all dissenters, and have been appointed within these few years to their respective
high offices, and the patronage of the government will be found to have been exercised as
it respects other minor appointments, without any reference to the religious creed of the
various candidates for office.

The present period, therefore, appears to have been not very opportunely chosen to bring
forward the presence of so many churchmen at the Council Board as one of the prominent
grievances of Nova Scotia.

If His Majest ‘s Council could entertain any other feeling than that of deep regret, at
the attempts which have been made to excite discontent in this hitherto happy and
peaceful province, they would be gratified to discover this proof of the difficulty of finding
real grievances here.

The framers and supporters of this address have devoted a great part of the session to
this subject, yet this prominent grievance remains unsupported by a single fact–not one
instance of partiality for churchmen in the exercise of patronage has been adduced; but
His Majesty is told that he will readily perceive that the mere circumstance of one body
of Christians having such an overwhelming influence in the Council, “has a tendency to
excite a suspicion,” that in the distribution of patronage the fair claims of the dissenting
population are frequently overlooked.

It is worthy of remark, that four of the churchmen now at the Board were appointed by
governors who belonged to the Church of Scotland (Lord Dalhousie and Sir James Kempt),
while the three dissenters recently called to the Council, owe their appointments to Sir
Peregrine Maitland, a zealous member of the Church of England.

If the framers of this address are ignorant of the past history of the province, it is pre-
sumptuous in them to approach the Throne with any representation upon this subject. If
they are ucquainted with it, they must then know either that this abuse of patronage has
or has not taken place. If it has, they should have stated the instances; it it has not, it
is not only un ust to the Council, but disrespectful to His Majesty, to endeavour to excite
suspicions in the royal breast which they tlicinselvcs know to be unfounded.

In connexion with this complaint is the intimation of dissatisfaction, because the bishop
has a seat in the Council. To this complaint the reply is easy. The bishop of the Esta-
blished Church is ex officio a member of the Council by the appointment of His Majesty,
because that church, with its Liturgy, and rites and ceremonies, was introduced into this
colony at its first settlerncnt by the royal instructions, and was afterwards established by
law, in the first session of the first General Assembly convened here. The bishop is its
natural and most proper representative. Its interests often require explanation and pro-
tection in the legislature, and such have uniformly been furnished when necessary, to the
satisfaction of the Council, and, as they confidently assert, without injury or just cause of
dissastisfaction to any other denomination of Christians.

It is true that two family connexions comprise five members of the Council. Two of
them, however, are unconnected with the other three, and the journals of the Council will
show that those who are so connected differ in opinion from each other quite as often as
any other members.

In respect to the complaint that five members were copartners, of one banking establish-
ment, it may be observed that one of them was a member of the Council before that co-
partnership was formedl another was a merchant, extensively concerned in business, who
was shortly after called to the Board to fill a vacancy, at a time when there was only one
other commercial member of the Council. When His Majesty’s Government at home
were induced to think it injudicious to continue to appoint judges of the Supreme Court to
be councillors (an opinion which has certainly produced serious inconveniences in Nova
Scotia and New Brunswick), it was thought necessary to select some other person of legal
acquirements, and a retired barrister was preferred to any gentleman of the law engaged
in practice. After the restrictions upon Roman-catholics having seats in the legislature
were removed at home, it was considered right to call a gentleman professing that religion
to the Council in this province, and an influential member of that profession was accord-


ingly selected. When His Majesty’s Government had signified their pleasure that no
addition should he made to the number of persons holding official situations at the Board,
a gentleman was selected from the mercantile part of thc community, who was then at
the head of the Chamber of Commerce, and therefore deemed it very proper member to call
to the Council.

These gentlemen, it is true, were at one time all members of one banking establishment,
hut no reference was made to that circumstance at the time of their respective appoint-
ments. They were chosen because they were all men of property and standing in the
tcountry, and two of them have for some time withdrawn from that copartnership. For
the accuracy of this statement a reference is respectfully requested to a despatch from
Sir Maitland to Lord Goderich, dated 6th June 1831, relative to these appointments.

To the statement that the failure of the efforts of the Assembly to fix a standard of
value and establish a legal currency, has been attributed to the presence of so many
bankers in the Council, it may be briefly replied that those measures failed on account of
their own intrinsic defects.

The Bill sent up by the House of Assembly, would have given a marketable and nominal
value to coins, for above their intrinsic value. This was opposed by the whole Council as
impolitic and unjust. In that opposition the bankers joined, although any increased nominal
value given to coins would have been beneficial to them.

His Majesty’s Council do not feel called upon to make any observations upon the
claim of the House of Assembly to the King’s casual and territorial revenue. Whenever it
shall be His Majesty’s pleasure to make or to listen to any offer respecting it, to or from
the Assembly of Nova Scotia, the Council will then, and not till then, feel themselves
justified in entering upon that topic.

They cannot, however, pass over this branch of the address, without adverting to the
complaint it contains against the present mode of disposing of the Crown lands in this
province. lf the existing system is found to he objectionable, His Majesty’s Council are
not chargeable with introducing it. They beg leave to refer to the annexed copy of a
report of a committee of the Council to show how strenuously they opposed it when it was
first suggested by His Majesty’s Government at home.

It is next asserted that the presence of the chief justice at the Council Board has a
tendency to lessen the respect which the people ought to feel for the courts over which he

The Council cannot agree in this opinion. On the contrary, they think that its tendency
is directly the reverse. Nor if he were removed from that situation, do the Council see
who could e selected with equal advantage to the public to preside over their deliberations.
lf it is essential for a member of the legal profession to hold that situation, and the Council
think it is, none can be supposed more free from objection than a person who is at the
head of the judicial establishment of the country, and who is every day in the habit of
investigating and expounding the existing laws.

The chief justices of this province have been presidents of the Council since its formation.
The present chief justice has for upwards of 20 years combined the offices of judge and
councillor, and no instance has been adduced, even in the debates upon this address, of his
ever having allowed political feeling to bias his judicial decisions. The usage is in strict
analogy with that of the House of Lords and of all the legislatice councils in America;
and so far is it from being the case that all judges ought to be excluded from the legis-
lature, that at this very time and chief justices of the superior courts in England have seats
in the House of Lords.

It is next said that the appointment of the collector of the customs and the collector
of the excise to the Council Board is unwise.

Upon this the Council would observe, that the office of collector of the customs in every
colony is one at very great importance and responsibility. Upon him devolves the duty of
enforcing those laws which are made for the regulation of the general trade and commerce
of this empire, and which frequently come in couflict with local interests in the colony.
His Majesty’s Council are of opinion, that it will be injudicious to take any step which will
tend to diminish the influence and importance of the person who holds this office. It is
the interest of the Government to up old such an officer, who cannot be expected to act
with becoming independence where us duty brinfrs him into conflict with influential men
in the colony, if his office is deemed to be a disqualification for a seat at the Council

The knowledge of the laws relating to the trade of the empire, with which he must make
himself familiary acquainted, renders him a most valuable member in the discussion of all
fiscal questions, and the Council have no hesitation in stating their opinion, that his ex-
clusion would be most unwise.

As it respects the collector of excise, there are not the same forcible reasons for his
having a seat at the Board solely on account of his office. But the Council respectfully
submit to the consideration of His Majesty’s Government, whether it would be just to
exclude from the Board a gentleman of his respectability, both in public and private life,
merely because he is, in the language of the day, an office holder.

It may suit the views of those who are desirous of assimilating our institutions with
those of our republican neighbours, to join in the opposition to the appointment of office
holders to seats in the Council; but these feelings and principles are not congenial with
those which should predominate in the bosoms of all who love and revere the British
monarchy. On this side of the Atlantic the representative branch is so thoroughly


embued with the democratic principle, that unless the Crown retains some influence in
the upper branch of the legislature, it will be impossible to counteract the progress of

This observation is not designed to emit any reflection upon the House of Assembly,
but merely to state, that from its organization it does contain so great a portion of the
democratic principle, that if a mixed form of governinent is to be retained, some principle
supporting monarchical institutions must be sought in the other branch, from which, there-
fore, the lighter officers of the government should not be systematically excluded.

The address next alludes to the difference which arose between the House of Assembly
and the Council, in the year 1830. Many gentlemen who now sit at the Council Board
were not then members of the legislature; but the proceedings of that session were vin-
dicated at the time, and, as the Council believe, to the satisfaction of His Majesty’s

To the observations respecting the events of the present session, the Council reply that they
did not require the House of Assembly to rescind their series of resolutions, but merely those
expressions in one of them, respecting the members of His Majesty’s Council, which
a regard to decorum should have prevented from appearing upon their journals.

As it respects the Council deliberating with closed doors.

That practice has ever prevailed in this Province, and until lately in all the other colonies
in British North America.

The Council of Nova Scotia would, probably, have followed the recent example of the
Councils in some of the other Provinces before this time, had it not been for the improper
interference of the House of Assembly.

The Council think that His Majest will see with some surprise the extent of the claim
made by the House of Assembly in the latter part of their address. The request to have
an elective Legislative Council, and the desire to render the salary of every officer of the
Government subject to an annual vote of that body, by which the House of Assembly will
have it in their power to withhold support fmm those public functionaries, the performance
of whose dutie are essential to the maintenance and regulation of civil society, unless the
other branches of the Legislature uniformly yield to their dictates, are demands so utterly
inconsistent with the principles of the British Constitution, that the Council feel it would
be improper for them to waste the time of His Majesty’s Government by making any
observations upon this part of the Address.

In answer to the alternative roposed by the House of Assembly, of separating the
Executive from the Legislative Council, His Majesty’s Council beg leave to refer to the
opinion which they were formerly required to give upon that subject by the Right hon.
Viscount Goderich, when Secretary of State for the Colonies.

A copy of that opinion, extracted from the proceedings of the Executive Council of the
7th May 1834, in hereunto annexed.

The sentiments of the Council upon that important subject are not only unchanged, but
have been strongly confirmed by subsequent events in His Majesty’s North American
Colonies, where great pains have recently been taken by persons unfriendly to monarchical
institutions to excite discontent. These innovators, however, are aware that if they were
plainly to express their wishes, they would indignantly their own plans, for the great body of the
people are loyal subjects, and would indignantly reject any direct proposal that would lead
them to swerve from their allegance to their Sovereign. These designing men therefore
endeavour to induce them to believe that they are deprived of the rights of Englishmen,
that they have not equal political power with their fellow subjects at home, that the
Councils are arbitrary bodies appointed by the Crown, and although called the upper
branch of the legislature, have no resemblance to the House of Lords.

Now it is unquestionably true that the Councils have little, very little, resemblance to
the House of Lords; and it cannot be doubted that every attempt to create a body in the
colonies that shall resemble the House of Lords will prove a failure; the greatest of which,
however, would be that of an Elective Council. Precluded then by our situation in the
colonies from having among ourselves anything approaching to that august body, we
should look to the general origin of colonial constitutions.

Most of them, and that of Nova Scotia among them, were founded upon the King’s
instructions, issued upon the responsibility of the Ministers of the day.

Those instructions in the first instance committed the government of the colony to the
Governor, and a Council therein named; with directions, however, that whenever the popu-
lation should become sufficiently numerous, a House fo Assembly should be elected by the
people to represent them, which House of Assembly should be elected by the
people to represent them, which House of Assembly, in conjunction with the Governor and
laws for the regulation and government of its inhabitants. Under this constitution, every
person residing in this Province has settled himself here; and unless some positive
infringement of it has been made which affects his rights, he has no legitimate cause of

If, however, this constitution can now be improved, it would be an unwise to refuse to
improve it, because those who seek such improvement may not have a positive legal right
to it, as it would be imprudent to hazard a change in order apparently to improve its
theory, without the prospect of any practical good.

It must here be repeated that these observations are not addressed to those who are
desirous of vesting all power in the democratic branch,–they will think every measure that
has a tendency to introduce republicanism to be a practical good,–but those who are


desirous of assimilating our institutions as much as possible to those of the British con-
stitution, it is asserted that a Legislative Council created in addition to and distinct from
Executive Council, would hear no more resemblance to the House of Lords than the
present Council does, and that it would only increase the machinery of the constitution,
and render it more cumbrous, without producing any real benefit to the Province.

From the extent of the elective franchise, and the freedom which every elector possesses
to exercise his own opinion in the choice of a representative, the people are as fully repre-
sented as they can be in any country where universal suffrage does not prevail. No
measure can now pass of which their representatives disapprove, nor could any measure
pass of which the Government disapproved, if there was a Legislative Council concurring
with the House of Assembly in the adoption of such measure. For so long as we form
a part of the British empire, the King’s representative here inust not shrink from putting
a negative upon any act contrary to his instructions, or to the views he and his Executive
Council entertain, upon any subject in which the local interests of the colony clash with the
general interest of the empire.

But if a new body, neither elective, hereditary, nor executive, were created, it would bear
no analogy either to the British or colonial constitutions.

The fluctuating state of colonial society, the universal division of the property of a
deceased person among his children or relatives, and the general feelings and habits of the
people, prevent, the growth of aristocracy among us. We cannot therefore found any
branch of the legislature here upon aristocratic principles; our laws must be enacted by
those who represent the feelings and wishes of the great body of the people, and those who
constitute the government olthe country: and let the machinery of colonial legislation be
rendered ever so complex, these after all will be the two, and the only two, principles that
can be introduced into it.

The interposition of the Council between the Governor and the House of Assembly is
judicious; they form a part of the community, and their families, their property, and their
descendants will be affected by the laws they consent to enact, while their connexion with
the Government will naturally render them desirous of upholding the King’s authority.

Thus we have a Governor to represent the Crown, a House of Assembly fully represent-
ing the people, and a Council interested in supporting both.

Neither the result of the experiment made upon the Canadas in the year 1791, nor that
more recently tried in New Brunswick, is such as to induce thinking persons among us to
wish for its extension to Nova Scotia.

His Majesty’s Council feel the embarrassment of thus advocating the continuance of
their own body, with all its executive and legislative powers, and they therefore in conclu-
sion, would observe, that the greater part of the members now composing it were selected
from the community, and summoned to the Council Board without any solicitation on their
part. A large majority of them are unconnected with the Government by any office; and
although not insensible to the houour that was conferred upon them by their Sovereign when
he called them to his Council, they are quite willing to retire into private life, whenever he
shall deem it right to dispense with their services: but while they retain their seats, they
are urged by a sense of duty to vindicate their own characters, to preserve the rights o fthe
body to which they belong, and to give their opinions respectfully but explicitly to His
Majesty’s Government, upon a subject so deeply affecting the interest of all the King’s
subjects in his Province of Nova Scotia.

(signed) Brenton Halliburton.
John Nova Scotia.
T.N. Jeffrey.
H.N. Binney.
Enos Collins.
S.B. Robie.

C.R. Prescott.
Samuel Cunard.
H.H. Cogswell.
P. McNab.
James Tobin.
Joseph Allison.

20 April 1837.

DOCUMENTS referred to in the preceding Observations of His Majesty’s Council.

OBSERVATIONS of the Privy Council of Nova Scotia on the Address of the House of
Assembly of that Province to His Majesty on the subject of the Free Ports and Foreign

Extract from the Minutes of the Proceedings of a Privy Council, held at the Council
Chamber in Halifax, on the 16th May 1834.

THE Board resume the consideration of the Address of the House of Assembly on the
subject of the free ports and foreign trade; and conceiving that it does not contain all the
views which should be presented to His Majesty’s Government, to enable them to form a
correct opinion upon this important subject, request the President to transmit to His
Majesty’s Principal Seeretaryof State for the Colonies the following remarks upon the
Address for such consideration as they may appear to merit.

That, from the nature of the trade and the amount and character of the population of
this province, the productions of foreign countries cannot, with advantage to the best inte-


rests of the colony, enter very largely into our market for domestic consumption. That the
warehousing such articles to any very great extent, for exportation to other countries or
colonies who possess sinrilur privileges of foreign trade, cannot, in the regular course of
commerce, be attended with much success. One of the advantages contemplated from the
warehousing system in these northern colonies was an extensive carrying trade in the pro-
ductions of the United States, for the supply of our West India possessions; but the exist-
ing scale of duties on those articles has not been found sufficiently favourable to such mode
of importation to influence the carriage of any considerable portion of those supplies through
the warehouses in the northern provinces. It is therefore at least problematical whether
more than three free ports are required for beneficial purposes in this province. It is pos-
sible that a more advantageous arrangement of such ports might be made; but when the
nature of the trade is considered, the number of ports cannot, we think, fairly be deemed
insufficient The Address deduces, us the very encouraging inferences to be drawn from
the establishment of numerous warehousing ports in the province, that the revenue will be
increased, its collection facilitated, and smuggling suppressed. Could these objects be
attained, it worrld seem very desirable; the only question then rernaining for adjustment
would be the effect to be produced upon the agriculture and other branches of industry and
commerce of the province. But the inferences intended to be drawn are not, in the opinion
of His Majesty’s Council, borne out by experience. Since the opening of the free ports of
Sydney and Pictou, the aggregate of the public revenue in these ports has diminished, as
will be seen by reference to the annexed comparative statement of the amount of duties
received there during five years previous, and a like period subsequent to the opening of
the arts. It may a so fairly be inferred that the articles warehoused in these ports have
dinnnished the quantity which would have been warehoused in Halifax, by which the impe-
rial duties have been diminished, which would make the loss of the general revenue of the
province much greater than appears by the comparative statement. It is admitted that the
trade has increased; the conclusion is inevitable that the making a port free increases the
facilities of smuggling, which can only be prevented by an expensive increase of the cus-
tom-house officers. In addition to the foreign trade carried on with the United States from
Sydney, an illicit trade with St. Pierre and Miquelon in French commodities is carried on to
a considerable extent; and foreign productions in many of the outports of the province can
be procured at a much less rate than in Halifax, an evil which now extends to the diminu-
tion of the revenue in Halifax, by the clandestine introduction of such articles from the

The object which His .Majesty’s Government had in view by the establislrmcnt of free
wurclrousing ports appears to have been to permit a. general intercourse in foreirvn and Bri-
tish ships betweerr foreign countries and the capital or principal ports of the codonies ; but
it rvoold be found impmcticable to extend the privileges of tree portsyboyond this linrit,,in
consequence of tho lrcnvy additional expense it would occasion for the support oftlre various
SrrlJor’rlin’rte ollicers of t re customs, nor can it be perceived by His Majesty’s Council that
such e. ended foreign intercourse would be found either beneficial or necessary in this
colony , indeed it must be evident that such trade would love injurious to our navigation,
by giving to foreiwners 21 great portion of the car-ryirrg tra e now enjoyed solely by colonial
ves: ls. But if liis Mnjesty’s Government shall see fit to grant the limited privileges of

warehousing ports, now possessed by several of the outports in the colonies, toan additional –

number of those portsiu this province, where the innorts of flour and other articles are
required for the consumption of the inhabitants, su r regulation would, in the‘opinion of
His r\In_icsty’s Council, prove more conducive to the general interests of the province, than
by opening the ports genenrlly, as sought for in tlre~Addrcss., His Majesty’s Council also
beg to yrenrark, that in one county,- where there is now an oflicer of the customs and a col-
leotor of excise, the whole colorual duties collected for several years past hm not pttid tlrc
c.\’pens‘e of the officers; and, from itslocal situation, little better success czrnbe anticipated
from irrcrensing the f1cilities of trade, by opening ports there. The szune. remark, to a less
extent perhaps, may apply to man otrer pars of the province, which -so abounds with
rivers, crcclts, nnd landing places, trat an ex ensc amounting to one half of the revenue,
would be insuiliciént to secure its faithful col ection. His 1\r1ajesty‘s Council lnwe, with

much regret, but with a semse of imperative duty,‘ stated the foregoinir views; as they are;

cxtrernely anxious that all the benefits of :1 fair and free commerce 5 rould be indiscrimi-
nately extended to all parts of the province, so far as the sonic can ‘be done consistently
with an efficient control of the revenue, due protection to the fair trader, and the safegr._rard–
of the people from the dernomlizing effecm of illicit traflic. “ltlslrould also be bomeyin

mind that most of the articles imported from the United States for consumption operate-

injuriously upon the interests ofythe ngricrrltrrristsarrd nrtisrurs of this province, or upon the
im ortation of the manufactures of the nited Kingdonr. ‘ ‘ . – . ‘. _.

‘ aving ‘ resented this view which tlr entertain upon the ‘subject _’of tlre‘Address, Hrs
Maj:5ty’s ouncil indulge the hope that before His Majesty’s Govenrment sl’rn.1l,deter-rnine
upon granting the prayer” I” the petition in eztezzso, commissioners may be apointed to take
evidence upon all the points connected with the trade of the province, wlric Hjs;l\'[a_iesty’s
Government may deem necessary to, enable‘ it to come to ‘ejust conclirsioirin what made
fie’ commerce of this colony can be‘rciZUlW’-d. to promote tlrerbest interests of all the intra-


, In resp’ec’l: to that part of the Address which relates to the nrmngenierrt and expense or
the crrstom-house establishment, His Majesty’s Council do rroticonceive it ueeessa to make
any remark until the other parts of the ‘Address have been, decided upon by IIis_rK’II1.i€$§¢y_’.9


‘ 579-





C0.\H‘AHAT[\’E S’rAre.\rr~:.\”i’ of-Duties received at Pictou and S5/dim}/, Cape Brélorr, from-
1S24 to 152:; and from 1329 to 1333 inclusive, Five Years previous and Five Years subse-
quent to opening them as Free Wnreliousmg Ports. v

King’s. l”ro\’lncinl. ‘l‘01‘.\r..

5 ti. .\1 (1. £. .~: /1.
Pictou, 1324 to rs-2s — — . 1,40-. 14 2 a 4′ 8,714 17 6,
Sydney, 182-! to 1823 – – – 33.” 1 6 U 1 6,341: 7 7′
!5,)(i4 .) I

Pietou, 18:11! to 1S:3;§— ~ – – 4,1535; 11 ‘Q 3373 t; 1
5)’dW3′, 132-” 10 183-‘3 – – ~ 5,034 1:) 10 7,123 — —
Pictou, previous I. 3,714 17 6 13,506 6 1
— subsequent ti,-378 Ii 1 1;,,:,(;;; 5 1
L055 S 0 Loss .€. -2,057 19 —

1‘. <;,s.w 7 7

Sydney, previous
7,129 – —




‘.178 1’2 5

REPORT of’ a Committee of the Privy Council of Nova Scntia, relative to the proposed.
Alterations in the Mode of Granting Lands in this Province.

Extract from the Minutes of the l’roceedings ofrt Privy Council, held atthe Governnient
House, in Halifax, on the 23th Jnlyr18~3o‘. ‘

Truz Corunrittee of His.Majesty:s Council, to whom the regulations irlriclr have been
adopted in Upper Canada for granting lands were referred, report,—

That they have carefully perused these regulations, and they submit the following consi-i
(lerations upon the subject to his Excellency and His Majesty’s Council.

1st. The situation of Upper Canada differs widely from that of Nova. Scotia. The fornrer
is an extensive colonyycontaining an immense body of valuable land, remote from the sen,,
and agriculture ruust ever form the prinitrry pursuit of its inhabitants.

Nova Scotia is comparatively tl small colon , surrounded by the sen, abounding in hnr—-
bours and inlets from the ocean; and altliougr it contains a great quantity of very valuable
land, the \\’e9.ltliicst part of its population i_s,.aud ever will be, conlniercial.

they wi be disposed to invest it in the pure iase of lands, either from the government or
private individuals; but in Nova. Scotiu capital may be more profitably em loyed in corri-
merce, and few persons will bomct with who will be disposed to invest it in i re purchase of
wild lands.

In confirmation of, this opinion, the Committee refer his Excellency and the Council to
the \\’ell—kno\vn fact, that the large grants wlricli were injudiciously made some years since,,
of the most. valuable lands in the province, to the dlfl’erent individuals who had influence
with the government of the day, still rcmainin the lntntls of the grantees or their repre-
sentatives; und although procured‘ for the express purpose of selling them, a very small
portion of them have as yet been disposed of, and even that portion at prices wliicli have not
realized the expectations of the grantees.

_ 2d.‘ In’Upper Canada, we are infornied, tliatregularsur-veys have been made of the _lu.nds .
in, and that large reserves luive been made for the Crown in situations which render‘
the reserved lands valuable. In Nova Scotia no “such :3 stem wasadopted. ~ When‘-I_{ls
M: ‘esty’s Government first attempted the settlement of t is. province, it was considered a
col , iriliospitable,.barTen country (only calculated for the abode of fislieniren); but few

would undertake to settle in it; and those who did were encouraged ‘ to do so extensive v

grants in wliatever situations _or form they dcemetl rnost eligible; the consequence 0f\VlIiélt
has been that not onl the most valuable land in the province has been alreadygranted, but

what remains to the ro\vn lies in remote situations, where none but the poor who areyunable –

to urclnise will submit to live.

‘lie Committee-tlrink they may safely assert, that there has noizvbeen 11 single instance :

for 20 years past, in” which any‘ person possessing capital has planted himself in the wilder,

ness, .

In Upper Canada, tlierefore, it may be expected, that as its inhabitants acquire wealth ,


ness, and devoted that capital to the cultivation of wild land ; during that period a vast
body of the wildemess has been-reclaimed, but these improvements have been chiefly
efl’ected by the efibrls of emigrants, who were compelled by their poverty to submit to the
toil of snbduing the forest, and partly by the poorer part of the native population. Some
of the grantees of the large tracts have expended money in clearing a part of their land,
but in no case have they received a retuni to encourage t em to proceed.

Under these circumstances, the Committee conceive that no price could be procured for
the wild lands wliieh now remain to the Crown in _Nova Scotia, sufficient to pay the expense
of the survey of them, which must be made prior to the valuation contemplated in the
first article of the Upper Canada Regulations; in confirmatioii of this opinion the Com-
mittee refer his Excellency and His Majesty’s Council to the Order made by his late
Majesty, of the 8d Febi’uiu’y 1774, for the sale of the wildeniess lands in Nova Scotia.
At that time :2. large portion of the best land in the Province belonged to the Crown, and
convenientpiantation lots were laid off‘ in the most eligible situations, and advertised for
sale at public auction; but although these lots were set up at 6d. per acre, and due notice
given of four months as by the said Order directed, there were no bidders for them. The
expense of the survey, preparatory to the sale, was defrayed by His Majesty’s Govern-
ment; and the system of granting lands in the usual manner was x’csumed,which your
Committee think would be the case if the experiment should be again tried in this
Province. ‘ .

The Committee have no doubt but that these regulations may be very beneficial in such
colonies as Upper Canada, New South Wales, and countries where the Crown still retains
a great quantity of valuable land; but they venture to suggest the propriety of continuing
in this Province the system which has been hitherto pursue , of granting lands gratuitously
with the usual resewntions, as the interests of the Crown in the wild lands in Nova
Scotia is so nlU(.’ll(ll1)liniSllC(l, that the Government would derive littlebenelit from the
Chan e. ‘

Tliiz system which now prevails might undoubtedly be improved, and the knowledge
which the local government possess may enable them to remedy some inconveniences which
now exist; but an entire change of that system niiolit create confusion aiiddiseontent,
without producing any corresponding benefit. The Committee, therefore, report as their
opinion, that the proposed regulations are inapplicable to the present state of Nova Scotia;
and that the very trifling pecuniary advantage which might probabl be gained by its
adoption, would not compensate for-.tlie dissatisfactioii which it woul excite among that
description of persons who are almost exclusively the applicants for grants of land.

it is not easy for those who reside in Europe to form :2 correct opinion of the difficult
of subduing the wilderness, and reducing it to a state of cultivation. The wild lands whic 1
adjoin populous settlements may indeed be cultivated to advantage by those who already
possess farms which yield them a subsistence, but no land so situated now belongs to the
Crown in Nova Scotia. The ungrnnted lands lie in very rcinotesituations, and the man who
plunges into the woods almost invariabl struggles with hardships to which nothing but
poverty would compel him‘to submit. it has hitherto been the object of Government to
afford every eneouragcnient to tlns hardy class of useful settlers, to whose efibrts we are
indebted for the iinprovcments of the country. They cannot purchase; and if wild land is
not granted to them upon the easy tcnns on which they have hitherto procured it, tlieywill
be both unwilling and unable to continue their labours.

(signed) I C’/uzrles Jllorris.
Brenton Halliburlon.

Committee Room, Halifax,
S. B. Robie.

11 February 1826.

REPORT of a Committee of the Privy Council of Nova Scotia, on Viscount Godericlfls
Despatch, dated 8th December 1632, relative to :1 Separation of the Legislative Council
from the Executive Council.

Extract from the Minutes of_the Proceedinvs ofa Privy Council, held at the Government
House, in Hahfax, on t e 7th day of May 1834.

Tm: President laid before the Board’a despatch from. the Right honourable Viscount

‘ G0d0|’i€h: dated Downingvstreet, the 8th December 1832, requiring thevopinion of the

Council u on tlieyexpediencyof establishing in Nova Scotia two so arate Councils, Executive
81l(i:IaGglS.(\’E, composed for the most part of different individua s.

Aflengivino‘ their best coiisideration to this iuiportant communication, the Council would
gladly _have deeclined offering any 0 inion upon a sub’eet which appears to be nearly con~
nected with themselves and t|ieir.o cc; but as this card, from its‘ establishment in the
Y‘-W” 1749 i°i’fll€ |’°59n¢_da}’.~’_W-1\’e not been accustomed to shrink from anyduty committed
to them by}-Iis Ii ajesty or his Governnieiit; because it was difiicultor.unpleasantgthey will
proceed at once to- give.“/ith frankness the result of the ,best-judg-rnent they: have been able
to exercise upon this question, which they have felt to be one of some-delicacy.

I!‘ the theory of the constitutionewerealone regarded, the exampleflin the parent count
“”°)‘,ld, P1‘°mP¢ “Wm ‘O 5?’: such a separation ofthe Executive from the Legislative Council
39.15 Pl‘0P°S-ed W°“1d.bc esirable; ‘butit is manifest that the difference in the condition of

– 579~ 1: the



the two countries is so great, that no parallel can be preserved; and looking at the subject
pl’flUllCKlll:‘. they perceive at once very serious olijectioiis to the proposal.

‘l‘lie’iiitr,iitioii of thc Goveriiineiit is,_witliont doubt, to noiniiiute to the Lerrisliitivc Council
sensible and \vell~e(luc:ited nieii,possessiiig large landed property, sciiaiuterlalrom ollice, uud
huvin-r iiitliii.-nee in the different counties in wliieh they reside; upon a snpiositioii that
such iiieii \\'(\lll(l he likely to concur witlrtlie inost respectnble ninjorities of tllie llousc of
Asseniblv in ull questions which ail’ect the «mat iiiterests ot‘ the country mid so preserve
lim-inony in the legiskiture. But Il1il1fl}]1)il)’n§|.|Cll men are not to he Founil in the several
eouiities of Nova Scotinmintl even if they could he found, there is much reason for believ-
ing they would not be more l’Cll(‘ly than the members of the piesent Council to concur with
the House olrtsseinbly in such ob_jceLs us have sometimes been diflhreiitly entertained in
the two Houses. If the ersoiinl allusion niny be excused, it may l)el'(‘.lllt1rlvtCl‘l, that the
dist-cmiiient of Sir James enipt, when Lieutciiziiit~governoi’ of Nova Suntia, and K\lL\’l0llSly
l(mlill)g’ for such poi-soiis as lirive been clescrilied, placed two )llC1lll)Cl‘5 of the present Board
in the Council, bccnuse he was szitisfied they ons\vcred_ the description ns conipletcly it<_:\ny
iiitlividiinls that coulil be found in the colony. But at is well known, .’ui(l the niinutcs ol the
Council supply the inlbrinzitioii, that these inrlivitliiuls, ivholly uiieouriected \Vll.l)‘t)lllCE,
u-Iiosi: lll):lU0[3t(|3n(lCi1c0 lllr tfl\‘El’yul‘8SpCC2.f llxfls HCIVIEI‘ been q]iies‘t_iliied, lfiave been unillormly
oppu.=c( ic views 0 ie ouse o ssemiy on enci a rose cw occasions wien a
<lillL-i’encc of opiiiiun in the two brnnclic.s’ol the lbgisl:itiii’e has given (lissntislhetioii to the Lower House, and (‘.\’t’llCll their coniplnintsi. It is oiilyoit account of thc dillicult , or Til-ll’lcl‘“l.ll;i inipr>lsls;ibility’ of]fi_iifliii’g niorc peisor‘i]s iéitthe diflegent f.¢:e£(]3l.i0IlS of H8: Pro_vlii}ce,
wit 1 ti t io quii I Icu ions w iic i 1 iese possess, in ie iiiim or o ie present ouiici ias
not been iiicre:i. Council, a di{l‘ei’eiitdescription ofpersoiis must ol’ncce.:sity be taken; and the most eligible
lll2\t](.i0ll)llll be lbuyil wo:il(]l llfli3l!;(:) inaiiylodf‘ Eliefbcst l’\tlcl’3l)E\’s ot] the llziiisc of AS]:lO|’llJlel)ly as
iron ( e require( or n t ic s Cflllll :1 as or sea 5 icre, \\’ io.-so services won more
iiiiportniit dlill inoi’e vziliitibln in that House, which could ill spare them, than in the other,
‘ind wliosc :1 iaintincnt to the Council would thcrel’nre be an in’ury to the House of
i . eiiibly nnglto tlie l’rovince. _ J

‘1 he Govenimcnt, it is heliered, look l‘orivzird to on increase of strength and influence in
the Lern’sl:\ti\*c Council as the natural result of the proposed altenition. But tliosc in
N0\’;1 ._i’oti:i who desire the clinnge, are loud in their eoniplniiittlint the Council tire already
too poxrerhil. The Goveniiticnt tlicrefure must lie diszippoiiited in their expcetzition or the
ilissatisliictioii oltliosc in the colony who desire the cliniige must he l1lCI‘ei\:‘sC(l us boon us
the Cllfilige is clibcted, and either oftliesc consequences is very uridesirziblc.

But perlinps :1 inure sierious olijeetiou will l)(: found in the effect that has been produced
in those colonies into which the inensiire has already been introduced. ‘.llic_pi’eseiit state
r-ftlie Cniiadzis siipplius iicli objectioii in Full lbrce. The measures of their Legislative
Coiiiicils for some ye-aizs past liiivu given rise to inore coinpluint mid inveetive than were
ever kiiowii under the uioruniicieiit constitution ol’the coloniiil Couiicils._ These complniiita
indeed linve been so iniiltiplied, that nu Elective Council, which would inevitably lead to at
repiiblicnii constitution, is oldlyiiisisted upon by the compluitinnts, as the only ellectunl
reineLl\’ fin‘ their iillugeil grievniiecs.

ln EVe\v l3run.<wicl»; the e.\’pci-iiiient has been recently iiiride, and instead of ailordinr
1.r_c« :~::i ‘sl‘.ictioii, has crerited uinisiiiil discontent in that peocerilile province, which wil
not lie BEIS y allnyetl tiiiless by a return to the ancient system.

The records in the Cnlniii:il~ollicc will sliow \rliotlier Nova Scotia, under its present con-
siitiitinii, has been more or less quiet and contented mid easily governed, than those colonies
into \\’liii:li n dil*l’erent constitution lizis been l|lCl‘0(lUC(‘.Ll, while the testimony of its governors
:Il1(l the juiirinil-: ofits Council will show whrit part that bod , as at present. constituted, has
hzul iii proniotiiig thc xvelliirc ol’the people. ‘l‘ ie Board wil be excused from saying: more
on this point, but cnriicstly request the reference and the eonipnrison niny’be iiizidc byrllis
:\l~.i_jesty”s Secrcuiry of‘ State.

‘ lfit should be alleged ns {A reason for iiigiltiiig the proposed nltcration, tliat some desire
For it‘has been ex soil, it Vinny he 0l)Sel’\‘C(l that cluingc of any and of every kind will
never be without advocates, while discoiiteiited and sell‘-iiiterestecl ineu form a part of every
eoiuniuiiity. Tlicre has been no cviileiiee. that‘ thc ineasure is generally desired in the
cnlonv‘ nnd ifsomc or oven‘ ninny wish lor it ‘it is not probable that all these will be
sntisficil iftlie cl-iniige should be aceoniplishcll. There will be 10 expectunts for every
appointment tliut will t‘ollo\v; nine-tenths oftlicse, tliercl’ore, must be dis:ippoiiitcil,o.iid thus
tliseontciit will be increased. ‘The subject has indeed been under discussion in the House
<il’Assemlil , wliero the first mention of it has led some of its advociitcs,’an 1\lnjesty’s Solicitor-general nnioiig; Ol.llt,’l3, to express :1 desire for an Elective Council; with
tom] disregarcl or foi-getfiiliiess of the obvious tiict, that the balance of the constitution
would zit once he destroyed, wlicii no intcrnierlioite bodywoultl be left’ between the repre-
sentutive ofthe Crown and the representatives of the people. But it is believed ,_tli’i1t~¢he
subject has never yet created much interest in that House, ztlthou rh several ofits members
linvc been mimed as expectonts jofscztts iii the Executive and Legislative Councils. _

All these eonsiderzitions leiid totlie conclusion that the sun‘gested’<:mtion should not be hnstily inzidc, even if the acts-of the Council, or the character and conduct ol’.the iiidividunls who conipose it, were 0l)l’l0.\‘l0llS’lD objection. Wliethervthe me so oliiioprious may be easily ziscertaiiied by tlie>Secretnry of State, upon reference to t ie (llSCC|‘nlng.(1il’fd;-

‘ ‘ V1 no 3

ividuals now in England who have been fiovernors of the colony, but have ceased to ht:
connected with it; and these distiuguis ed persons, when giving their testimony to the
cliarsctcr and usefulness of the’Council as now constituted, can easily state whether the
Boiird, ziltliougli ready and anxious at all times to promote thc objects of the Govermnent
when they could conscientiously promote them, have over fiinched from offering their
lioncst advice, when the have been so unfortunate as to differ in opinion from the repre-
sentative of their Sovereign.

A due reward to all the circumstances which have now been mentioned, and to niiiny
others wliicli need not be enunicrzitcd, lips satisfied the Council -that it must be desirable to
rt.-taiii in this rovince its aiicicnt constitution, which hitherto has neither been inconvenient
nor urisucccss iil. It may easily be nltered at a future day when the colony shall be nioic
ri e for siicli a. change, if the new constitutions which have been introduced into the
adijoiiiing colonies should, notwithstantling the inconvenience which now attends them,
ultiniatclyprove to be superior in practical ctlect to those for which they have been sub-
stituted; but the Council are impressed with :1 conviction that at present the proposed
change is unnecessary, and would prove not onl useless but injurious; and they feel con-
fulcnttliat this cxplicit declaration of their opinion will at least be received as evidence of
the honest with which their advice is given, wlietlicr called for by His 1\lujcsty’s Govern-
ment, or I is Majesty’s representative in this province. , ,

ll’iiiorc than has already been stated wcrc wanting to strcngtlien-tlic opinion which the
Council here now ex resscd, a full confirmation ofit would be supplied by the very extra-
ordiniiry measures wliicli have recently been adopted in the House of Assembly in Lower
Canada, where indulgent compliance with unrcasonabloclainis has created a habit of
yielding on one side, and a liubit of complaining and demanding on the other, until
ultiiiiute objects are now avowed, which fill every loyal subject with regret and alarm, and
thc discontented have boldly declared, with i’evolutioutiry violence, that one of the most
favoured and happy colonies of the most indulgent Monarch in the world‘ must be con-
verted into a. republic. ‘ I ‘ _

Having now performed the duty which has been laid upon them, the members oftlie
Council have only to add, with every feeling of respect, that ifHis Majcsty’s Government
sliouldiiot be satisfied with the view they have taken, and with the reasons they lizive
adduced in support of that view, the some-fecli 0s -which have always influenced this
;Board will,prev.’iil. .Notl.iiiig CJUI be more foreign niiioni their wish than to be iiupedimeiits
iu the way of any incasure which His Majesty or His Govemiuent may deem essential to‘
the‘ welfare of the colony; and, therefore, as it has been their uniform and onl desire in
their present station to be instrumental, according to their ability, in ‘promoting t c honour
of His Majesty and thc benefit cit’ the province, they are ready to retire from that station

-whenever it may be thought their retirement will conduce more effectually than their con-

tinuance to those important objects.

—– No. 15. —-—
(No. 33.)
EXTRACT of u DESPATCH from Lord Glezzely to Major-General Sir
Colin Campbell, G.C.B., dated Downing~street, 6 July 1337.

I HAVE the honour to acknowledge the receipt of your despatch, dated
ist May 1837, l\lo.,7t, with the addresses to hislute Majesty and to yourself.
wliicli it encloses. = ‘ . . ‘

The Assembly lmviiig deliberzitely expressed their opinion that the welfare
of the Province would’ be pi’oinoted‘by ‘creating two counci1s,instead of one,
Her Majesty defers to their judgment on that question, not intleedwitliout
some distrust of the soundness of the ‘conclusion, but convinced that it’is,a
topic on,wliich;the greatestwciglit is due to the advice of the representatives
of the people.-: The Queen can give no pledge that the Executive Council will
always comprise some members of the Assembly, but commzmds me to state
tliatthe circumstance-of any candidntefor tlizithonour possessing that share
of public confidence which his election as a member. of the Assembly indicates,

must-of course he considered as enliancing his ‘claims to be preferi.-edto those-

who,;in.otIiei- respects, -muy,not possess-higher :qualifications for.» this trust.
The principle ‘on wliicli councillors should be. selected is ‘explained. in my
desputch of the 30th April. You will,. with the;.le:i’st\possible delay, transmit
to me a” list of the names of such gentlemen as may appear to you best quali-
fied to compose the Leg’islat.iverai1d t.he.Executivc_Cou1ici1s of Nova.Scotia.

. Her Majesty has observed witli regret, the discussions‘ in which the Council

and Assembly ‘have reccntlygbecome involved.‘ 5 That‘ regret, however,’ is mate-
rially qualified ‘by the observation that their-_ di.tfcrences_ do ‘notirelatezto any
ntal ondcardiusil principles, but are such-as may;.’be entertained :by,those iwho
:~579.’ B2 are


No. 15.


No. 16.

are yet prepared to co-operate in the pursuitvof the one common object, the
public \ ,

I ‘shall best testify my respect for those branches of the Legislature by
declining to enter on these controvcrted questions, persuaded as I am that the
rneznis-of_reconciliation will be more readily discovered without the intervention
of any third party; and that this happy result cannot long be deferred in a case
like the present, where both parties are animated by c. lively zeal for the public
good, and both are directed by wisdom and experience in the prosecution of
that purpose.‘ You will communicate to both branches of the Legislature this
dcspatch, and my despatch of the 30th April, as containing the answer which
Her Majesty is pleased to return to their address.

‘— No. 16. -—’—
(M 93-) ‘

Exrrmcr of a DESPATCH from Lieut.-Governor Sir Colin Camplzcll, G. 0.1;.
to Lord GIcneI_r/ ; dated Government House, Halifax, 26 August 1837.

I Have had the honour to receive your Lordship’s desputch, No. 88, of the
6th July, in which your Lordship, after signifying Her Mujcsty’s acquiescence
in the instructions conveyed in your despatch of the 30th April, for my guidance
on the questions embraced in certain resolutions of the House of Assembly
which I had transmittedto you, and replying to some of the demands of the
House of Assembly that had been since preferred in a more specific shape in
their recent address to the Throne, directs me to communicate. both these
despatches to the Council and Assembly, as containing the answer which
Her Majesty has been pleased to return to that address. V

The separation of the Council into two chambers having been determined
upon, in compliance with the expressed opinion of the House that that measure
would promote the welfare of the Produce, it has become my duty to submit,
for your Lordship’s approbation, the paper whichll have the honour to enclose,
being a list of the persons who appear to me to be the best qualified to compose
the Executive and Legislative Councils: .

In preparing the lists of councillors, .I have borne in mind your Lordship’s
instructions, and have made the best selections I can.

I consider that the’ Executive Council should consist of seven or nine, and
the Legislative Council of seventeen members ; but I would not recommcndthat
the number in either should be limited in‘the Royal Instruction, though no
addition thereto should on any account he made without the previous sanction
of the Secretary of State. I think also it-should be provided, in the case of the
nomination of a member of Assembly to the Executive Council, thatthis seat at

the Board should become vacant on the dissolution of the House, or on his

ceasing to be a member of it.

Concluding it to be your Lordship‘s intention that: all the members of the

present Council should belong to one or the other of the new chambers, (for

otherwise much discont’entwouId be created,) I have framed the lists accord-
ingly; though some of the present Council would probably be disposed to retire
into private life, if allowed to retain their presentrank in society; and I would
recommend that it be left optional with them to do so, with that privilege. .
At first, a majority of the legislative councillors will be resident in Halifax,
though connected with the country by property or’birth:. but.ns vacancies

occur, opportunities will offer of supplying them from the rural districts, which.

will then, I trust, be better able than they are at present to afford suitable per-

sons for the ofiice: , p _ , _
I havenot failed to advert to the exception taken in your Lordship‘s desputch

‘ against the presence of _more than one member of the some commercial house
i in the Council.

Of. the three -members of the Halifax bank, who’ .are now
councillors, one, Mr,‘Cogswe1l,‘- is named as an executive councillor ;, andtliough
the other two, Mr. Collins and Mr. Tobin, are both included -in the Legislative
Council, licannot anticipate that any disadvantage or dissatisfaction, \vill?ax-ise

from the circumstance, and I am unwilling to omit either;.tl1e latter because



he is a Roman-catholic, and the only gentleman of thatpersuasion qualified, as
far as I can learn, for the office; and the former, because he being many years
Mr. Tobin’s senior at the Board, mightfeel hurt were a preference given to
a junior councillor. One of them, however, will probably retire spontaneously;
but to be excluded would inevitably occasion mortification. –

In my despatch of 5th June, I strongly recommendedthat the chief justice
should remain as president of the Legislative Council; though I would hardly
have done so had I then adverted to a passage injyour Lordship’s despatch of
the 30th April, where, referring to his continuance invthe Legislative Council,
your Lordship states that this is a question “ on which His Majesty desires to
act in conformity with the deliberate opinion of the people at large, and with
the benefit of the advice of their representatives ;” for, if the chief justice were
named in the new instruction as president of the Council, he would shortly be
subjected to the pain-of a removal, it being certain that the communication of
your Lor(lship’s dcspatch to the Assembly would be immediately followed by a
declaration of their opinion, which in fact has been alrcad pronounced, that the
chief justice ought to take no part in the legislative procee ings of the Province.

Whom to recommend in his place, I know not. Mr. Robie, who for many
years was speaker of the Assembly, would be the best substitute; but he,
I apprehend, would not accept” the ofiice. The same. objection which applies to
the chief justice is, lsuppose, equally applicable to the master of the rolls;
anclthe attorney-general, who otherwise might be selected for the distinction,
is the speaker of the Lower House ; but he might, perhaps, be willingto resign
his seat in the Assembly if promoted to the presidents c lair in the Council.


-—~ No. 17,-
(No. 101″.)
EXTRACT of n. DESI‘.-XTCI-I from Lord Glcncly to Major—General Sir
Colin. Campbell, G.C.B., dated Downing-street, 31 0ctober_1837. *

1:1-nocnsn to the real subject of your despntch (26 August I837,.No. 93),
namely, the composition of the Legislative and Executive Councils. ‘

Your sug;-estionslmve been formed nvowedly on the conclusion thatit was
my intention that all the members of the present Council should belong to one
or other ofthe new Chambers. Anxious as I am to avoid whatever may tend
to unnecessary ofience ‘or discontent in any quarter, I cannot satisfy myself
that it would be right in the present instance to act on the rule to which you
presumed that Ishould adhere. I feel it to be aduty,.in the composition of the
two Councils, to make that selection of individuals .which‘ I have ‘ reason to
believe would be’‘open to just exception, and which would afford the most;
satisfactory proof of the desire of Her Majesty to entrust the duties attached to
members of the respective Councils to gentlemen entitled to “the confidence‘ of
the great body of the inhabitants. In omitting, however, fromthe new lists
any gcntlexuenwho are members of the present ‘ Council, I wish it to be dis-
tinctly understood-that nothing ctui be further from my intention than to infiict
on them any‘ pain, or subject them to any reproach or discredit. ‘ ‘I‘o avoid any
such suspicion,‘ Her Majesty has been graciously pleased,_’in accordance with
your suggestion, to intimate Her desire that the should retain tlxeiripresent
rank in society on‘ retiring into privatelife. . VVitfi’tlie ‘very‘imperfeot personal
knowledge which I‘ have of the qualifications of different candidates for seats in
the Council, I could not venture to submit any final advice to Her Majesty on

-that subject without the support ‘of your authority.’ It is at the‘ same‘ time

extremely désirablethat the ‘separation ‘of the existing Council into’_ two bodies
should take place without further delay,’ and -under jthesecircumstances I feel
that the safest course _.which I-can adopt‘ is . to convey‘ to you’:I-Ier: Majcsty’s
authority at once to appoint provisional} to each‘ of the ‘Councils I those gen-
tlemen _whom’you consider best qualifiecl’ for the discharge Tof -‘the respective
dutiés.which’,will d’ev’olve ‘on them.~, >
You willof course inform the without delay of tlieselection §which- you make
in’pursua.n’ce of._thisjinstructiong-andofvthe-grounds on which ituhas proceeded;
and‘ in case you should _iind»it-iunnecessnry‘ provisionallyto :”appoint the ‘full
number of which the Councils are inten’de,d”ulfimately-tov consist,’ you-will at
‘-579. .1: 3 ; the


No. 17.


No. 18.

the sanae time transmitto me the names of other gentlemen from whom the
vacancies may be supplied. With respect to the Executive Council, you will
carefully adhere to the following principles:

1. That not more than one~fourtli be public officers.

2. That the members be dmwn from different professions and
of the Province, and

.3.’That tlrey be selected, not only without reference to distinctions of’
1’Bllgl0llS’0.IJln10‘liS,l)lll’. in such :1 manner as to afford no plausible ground for
the suspicion that the Choice was influenced by that consideration.

With reference to the presidency in the legislative Council, Her Majesty is
pleased to confide that duty to the senior member for the time being, with the
exception of the bishop and the members holding oiiices of emolument under
the Crown. This arrangement is recommended by the experience of other
British colonies. I

You will communicate to both branches of the Provincial Legislature a copy
of this dcspatch, as explanatory of the principles by which The Queen has been
guided in the measures actually adopted by Her Majesty.

different parts

——~.No. 18. —
(No. io3.)
E.\”l‘IlAC’l‘ of a DESPATCH from l.icutenant—Gorernor Sir Colin Campbell, G. c. 13.
to Lord Glenclg, dated Gorermnent House, Halifax, 16 December 1637.

1 1-mvr. the honour to acltnowledge the receipt of your Lordsliip‘s despatch
of the 31st October, No. 101, relating to the reconstruction of the Councils of
this Province. . _ _ V ~

I have also been honoured by your Lordship‘s despatch, marked f‘ separate,“
of the same date, explanatory of the reasons by xrliich Her Majesty’s Govern-
ment hare been ‘precluded from adopting the lists submitted by me for the
E.\’ecnti\’e and Legislative Councils, but which could not properly be included
in a despatch whichis hereafter to be laid before the Provincial Legislature.

I have communicated the former despatch to the Council, and asthe in- I

struetions conveyed in it require me to take immediate steps for establishing
two separate Councils, and it being thus incumbent on me to discontinue
consulting with the old Council, as a body, I took the occasion which-tlieir
meeting for the last time collectively afforded to express my thanks for the
ready and valuable assistance which I have at all times derived from them, in
thearlministratioii of the affairs of this Province, They have since presented
an Address to me, of which, and of my reply, copies are inclosed. I have felt
itbut justice to the highly respectable and influential gentlemen who formed
this Council, to bear my testimony to their zealous and discrcet’endea\’ou1’s to‘

, uphold the Royal authority, and to advance the interests of all classes of people

in this province; -and I earnestly trust that though, as a body, this Council no
longer exists, it will be permitted to me and to the publicto have the benefit of
the continuance of the services of most of its ineinbers (four having retired,
or being excluded,) in one or other of thencw Councils. . ‘ ‘-

_, Many of the gentlemen whom, under the authority of Majesty, Ipropose V

to summonas Executive or Legislative Councillors, residing at a distance from

I-lalifax,’and there not having been timeEsince the receipt of your Lordsl1ip’s’

despatch to ascertain grhether or not they will consent to act, I’ am‘ not
prepared toreport to” your Lordship, by the present mail, the selections‘ I hare
made; but the arrangement A for the provisional establishment of the new
Councils will be complete before the meeting of the Legislature on the . 25th of
January, and will ‘ be such, I trust,‘ as to show that I have strictly adhered to
your Lordsl1ip’s ix1structions,n_nd _ as to obtain the approbation of the inhabit»
ants generally, and the confirmation of Her Majesty.


Enclosure in’ No. 18.

To His Excellency Major-Geiieral Sir C(lH7L’¢(lm]Jb0”, x.o.n. Licutenruit~Govemor and
COll1llll’llidOl’vll1-Clllcf iii and over the Province of Noi.-a Scatia and its Dependencies,
&c. &c. &:ci ‘

WE, the President and illeiiibers of Her i\‘injesty’s late Council in Nova Scotlu, cannot
terminate our olilcial connexion with your Excellency without offering you our best thanks
for the kindness and urbaiiity with which all your intercourse with us has been clim-oc-
tcrized; rind we beg leave to ussure your Excellency tint‘ we part from you with feelings
oi’5-mtitudc, respect, and deep regret. . _ _ i _

in reviewing our leg-‘isl:m‘vc conduct, and nlso the advice \\’lllCll we have from time to
time been called u on to give to your Excellency, and to your predecessors; we have the
sutisfactioii to feel that we’’been actuated by a sincere desire to advance the best
interests of the people, toupliold the Royal authority, and to consult the comfort and the
rlignityof the representative of the Sovereign. iVe retire with an eumestliope that those
who may be appointed to perform} the several duties which have-lieretofore devolved upon
us,nmy he more successful than it may be prcsurned weliuve been in ziccomplisliuig these
desirable objects. _ . –

With uirleut wishes that heziltli and lizippiness may utteiid your Excellency, Ludy
Campbell, and your family, and that wlicnever you retire into private life you may carry
with you the thnnlts and approbation ol’our Sovereign,

VVI: hove, &c.
(signed) Brenton Halliburtan,
Chief Justice,

And the whole of the Council.

To the President and Mciriliers of Her iVIujesty’s late Council in Nova Sciitizz.

Gentlemen, ,

I cursor adequately express the regret I feel at being deprived of your vnlunlile seivices
as members of Her Mu’esty’s lute Council in this province; and I assure ‘ou tliat.I shall
ever entertain the liveliest gratitude for the kind ondfriendly advice which i have invariably
received from you individually mid collectively since I arrived in Nova Scot‘:1.-

Although our official connexion has temiiniited for the present, I am persuaded that you
will continue to be actuated by the same desire which you have ever evinced to uphold the
Royal authority and the laws, and to promote the prosperity and welfare of your native
land, in which you all possess so great :1 stoke. ‘

‘ I return you my sincerest and warmest acknowledgments for the l(‘l1\(l‘\\’i5l’!es which you
have expressed towards Lady Campbell, myself, and family, and it will be a source of pride
and gratification to me when I retireirito private life, if, by meritiiig the corilimiance of your
‘good opinion, I should be so” fortunate as toearry with me tlic‘-approbation of my sovereign.

Halifax, 15th December 1837;

——No. 15).-—
(No. 116.)

Cor’! of :1 DESPATCH; from’ Lord Glericly to Major‘-General Sir
Colin. Caiiipbcll, G.C.B.

Sir, Dorvnirig-street, 3; January 1838.

I HAVE received your despiitcli; of the 16th December 1837, -No. 103,-
enclosing the_addr_ess presented to, you by the late Councilof Nova Scotia,_ at;
the ere of their dissolution, and the ariswer which -you returned to that address.‘

It affords Her M:_1jesty’s Govemmentimuchtgratification to receive the l.\lgl1:i’1nfl
u:e=ll-iner1l:ed,tes_ti,riiony borne by the Council to yourpublic chnz~acter”f.ind ser-
vices.-f Hcr,_MgiJesty’s confidential advisers desire /to be ‘understo’od‘as’adop_tlug
the‘ ex_pijessions _of respect-“and ‘gratitude towards‘ the’ ryriembers’ of ‘ ‘th_evlate
Council njitlrwluch your ofiiciiil connexion with them was terxninziteii.‘
.1 have,l.&’r:._’
(signed) Gflevzeg-

7679- “E 4


Eucl. in No. 18.



No. 20.

Eucl. i’n’N’o. ab.


-No. ‘Z0.-~
(No. io4.)

Copy of a DESPATCH from Lieutenant-Governor Sir Colin Crzm_pZ1ell, G. c. 13..
to Lord Glunelg. ‘

Government House, I-lalifux,
My Lord, 18 December 1837.

HAVING consulted the law otlicers of the Crown as to the best mode of
carrying into effect Her Majesty’s eoiiiniands, as conveyed in your Lordship‘s
despatch of the 31st-October, for thc estalilislinient of two distinct Councils in
Nova Scotia, I do myself the honour to inelose a copy of zi letter from them,
in which it is recoininended tliatl should issue. two coiuinissions under,the-
Great Seal of the province, appointing, provisioiizilly, to the Executive and
Legislative Councils respectively such persons as I shall deem proper; and,
supposing it to be your Lordship’s intention to adopt, in the present case, some
form similar to that resorted to- on the like occasion in New Brunswick, they
strongly advise that the letters patent,‘ or other documents requisite for
formally recognizing and effecting the separation of the Council, wliich your
Lordship may propose to transmit, may be forwarded with the least possible
delay; as many Acts to continue the revenue, and other iinportaiit’la.\rs, which
will expire on the 30th March, will before that time require the concurrence of ‘
the Legislative Council; and as the Executive Council may also at an early
period he called to fulfil functions of importance to the public and indi~

I trust, therefore, that Ishall receive by the February packet the letters
patent, or any other document that your Lordship may deem necessary for the
more formal establishment of the new Councils, which in the meanwhile will
be constituted, provisionally’, under the Great Seal of the province.

The additional instruction to thc Governor-in-Chief, or the warrants oi man-
damus confirniing the appointments of the gentlemen nominated by me to‘

these Councils, may be subsequently forwarded, when your Lordship shall have-‘

had time to consider the selections I have made. The letters patent sent to
New Brunswick merely establish two distinct Councils, allotting to each its
respective functions, but not naming aiiyindividuals to office.

Observing, liowever, in that document that the quorum of the Executive
Council is fixed, I would beg leave to suggest that, ‘as I propose, with your
Lordsliips approbation, that this Council in Nova Scotia shall consist of l2.
members, and as four of these, owing to their distant residences, will seldom be
able to attend, five nieuibers be deemed a quorum here.

I have, &c.
(signed) 0. Campbell.

Enclosure in No. 20.

Sir, ‘lia1i‘fax, is December 1887.
Ir: doing ourselves the honour to comply with the desire of His Excellency, which you
communicated to us to-da t, we cannot suggest any course which, under the circumstances
ofthc casc, appears to us etter adapted to carry into ell’ect Her Majesty’s instnictions-as’
conveyed to his Excellency by his Lordship the Principal Secretary cl‘. State for the

Colonies, than the issuing by his Excellency of two Conimissions under the Great Seal of’

the Province, for appointing provisionally to the ‘E.\’ccutivc and Legislative Councils
respectively such persons as his Excellency may deem proper. I , –
Supposing that it may be the intention ofliis Lordship the‘ Principal Secretary to ado t
on the present occasion some form similar to that pursued in New Brunswick,‘ we trike .
libert ofintiniating our opinion that it may be very desirable for his Excellency to receive

‘ as car y as may be convenientthe letters patent, or other documents r uisiteior formally

‘reco nizing ancleffccting the separation of the two Boards of Counei in this province,
whic it may be his Lordsliip’s intention to transmit, as iiiany‘important’laws expire on
the 30th March, which, uitli other Acts of the Assembly, before that time will requii-eitlie

j concurrence of the Legislative Council; and the Executive Council also may at an curly



pcriml he called to Fulfil functions of importance to the public and individuals; and we NOVA SCOTIA.
)K:l'(‘L‘l\‘(1 that the letters patent by which the separation of the ‘.Bom’ds was cfl‘ectcd in New
J3ruuswick, were linuicd iritliout reference to in(ln’iduul members to ollicc.

We havc,&c.
(signed) 0. U7. Arclzibulzl,

J. W. Jolmstan,


—— No. 21. —
(No. 128.)
Corr of a DESPATCH from Lord Glonely to Major-General Sir No. 21.
Colin Campbell, (Le. 13.‘
Sir, . Downing-street, 8 February 1838.

I HAVE had the honour. to receive your despntch of the 18th December,
No. 104, reporting the steps which you had taken for effecting the separation
of the Executive and Legislative Councils of Nova Scotia, and suggesting that
the letters patentfor this purpose should he sent out as early as possible.

‘ Under ordinary circumstances I should have advised Her Majesty to direct
the immediate issue of letters patent, establishing the Councils of Nova
Scotia; but as the Earl of Durham has been appointed Governor—genera.l of the
British Provinces in North America, it has appeared to me most advisable to
insert in the commission under the Great Seal, issued to him as Governor of
N ova Scotia, the necessary provisions for that purpose, and thus to save to the
public the expense which would have been incurred by the issue of letters
patent. The commission of the Earl of Durham is nearly completed, and will
probably pass through the remaining official forms in the course‘ of a. few
HIVS. ~ i. ‘

I have, &c.

(signed) Gzenézg.

-—- No. 22. —
(No. 129.) _ p v
COPY of a DESPATCH from’Lord Glcnelg to’Major-General Sir No. -22.6
Colin Cmnpbcll, o.c.B. »
Sir, x r I ‘ . Downing-street,‘ 10 February’ 1838.

WITH reference to’my’despatcli of the 8th instant, ‘ No. 128, ‘I transmit to
you herewith the letters patent under the Great Seal, appointing the Earl of
Durham tobe Capt:iin—generv.1 and Governor-in-chief of the Province of Nova.
Scotia, together witliiiistructions under the Royal>Sign Manual for his guidance
in that office; I also enclose 5: Warrant, appointing you to‘l)e Lieutenant-
governor’ of Nova Sootia in the absence of Lord Durham’ from that Province.

, As the commission of the Earl of Durham contains the necessary provisions
for the ‘sepurationof the”Execut_ive’ z’md’Legislati\’e Councils of Nova Scotia’,.
I‘a\-‘ail myself of the earliest opportunity of transmittingit. “I trust ituwill
reach; you before the conimenccinent of the Session of the ‘.I’rovinciali

lhave, &c.”
(signed) G’leneI_q_’:


.\’0\’A SCOTIA.

l£n<*l,i. in No. 22. Eiicli-2,in i\’o/Ac. 34 CORRESPONDENCE RESPEC’l‘lNG THE GOVERNMENT OF -7 0 Enclosure 1, in N . -… l3x1’i:.\cr of a‘COM.i\IlSSl0N midcr the Great Seal :\ppoin1in;,r the Earl ol’ Din‘/mm Captziiii-Gciicinl and Governor-iii-Cliiefof l.hc Province oi .Noi=I1 Scotiu. A.\’i> wlicrcas We lnivc deemed it expedient ilinttlicrc should licnccl”orward be two dis=iinct
Councils in Our snid province ofNovu Scoliu For the purposes licrcinul’tei’ uientioncd, We do’c.l’oic by these presents f“l’.’tIll., provide, and declare that tlicrevshall lI0llC€llJ|‘\\’£1l‘(l be
wnliin Onrsnid province ol” Nova Scotiii tivo distinct and scpnrntc Councils, to be respectively
called the Legislative Council and thc lixccutirc Couiicil’ol’ Our snid province.

And We llt)‘llCl‘Cl)_V i’urtlierdircct and declare Our ilcrisiirc to he, that all and every the
powers and aiitlioritics llOl’L’l,0il)l’C vested in or cxercisci by the Council of Our snid province,
so for as respects the ciiaiztiiieiitohniy luws to he made within Our said provincc, shall hence-
forth bc Tilldzflle same are hcieby vested in thc . ‘cl Legislative Council, and that all other
powers nn(l aiitlioritics wliatsoevcr vested in or ex ‘ClSC(l by the Council of Our said province
shall he and the same are hereby vested in the said Executive Council.

_ rind \Vc do hereby appoint nnd declare that the said Executive Council mid the said Le-
§__;iesl:itivc Council respectively shnll l1creul’ter consist of such and so many incnibers as shall
from time to time for that pnr osc be ll0l1llll1|l.C(l and apiointcdi by Us, nndcr Our sigii
inanual und sigiict, or as shall) be provisionally appointed by you, the said John George
Earl ol‘Dui’linin. lllllll Our pleasure therein sluill be known: provided nevertheless, and \ e
do hereby declare Our will and pleasuie to be, that the total number of the members for the
time being of Our said E.\’ccutive Council resident within Our snid province shall not at any
time, by any such provisional appoiiitnieiits, be iaiscd to a greater number in the whole than
innc, and that the total number cl” nicnibers of the said Lcgislsitirc Council resident within
Our snid province sluill not at any time. by any such provisional iippointincnts, be raised to
a grcutcrnuinbui II] the whole than lillccn. ,

And We do liirtlicr direct and appoint that live incinbcrs ol’0iir snid Executive Council
shall he a quorum for thc dispritcli ol’lhc business thereol‘, and that cight nienibcrs of Our
said Lo_::isl:itivc Council shall be zi quorum for the dcsputclivof the business tlicrcof.

And We do fiirtlier direct and appoint that the ineinbcis of the said respective Councils
shall hold their places tliercin duiing Our pleasure, and not otherwise ; and that the senior
incnibcrs restpectivcly lbr the time being of cnch oftlic said respective Councils shall preside
:it all the dc ibcnitioiis thcrcufrespectively, save only when you, the said John Gcoige Earl
of llnrliain, shall be present mid presiding nt thc dclilicmtionsol’ the snid Executive Council;
the seniority of thc incmbers oi‘ the said Councils respectively betwccn tlicinselves being
d_ctci’niincil by such rules and l’C”ulil.i.l0llS as nrc for that purpose provided by such instruc-
tions as are liei’cinul?.cr nicntionc .

Dated ill. \\”csiininster, iitli l’ebruai’y 18:38.

Enclosure 2, in No. 22.

Exri:/ici‘ of GENERAL INSTRUCTIONS, under the Royal Sign Manual and Signet,
dated at Bnckingliiiiii Palace, the 10th of Fcbriuiry 18:30, accompanying the Coniinission
under the Great Seal zi ipointing the Earl ol‘.Din-luun Captaiii-Gciieral and Governor-in-
Cliiel’ol‘thc Province 0 1Vova Scolia.

Si~:co.\’n, and whereas \\’c have, by Our snid commission appointing ‘on Our Captain-
gencinl and Govciiior-iii—cliicf as aforesaid, declared Our pleasure to be t int there shall be
within Our snid province of Nova Scotia two distinct and separate Councils, to be respectively
called the l.cgislativc Council and thc E.\‘ccutirc_Council ol”Our said province, wit I certain
powers and iiinlioritics therein-ineutioiicd, and have Ibrtlicrdcclarcd Oiirplensure to be that
the said Executive Council and Lcrfislativc Council res cctively should liercaflcr consist of
such and so many members as sliol-l for that ‘purpose c nominated and appointed by Us
under Our royal sign manual andsignct, or as shall be provisionally a pointed by you,-thc
said John George Earl of Durham, until Our plcasiiietlicrcin shall iic known: provided
always, that the total number of the menibci-s for the time being of such Executive, Council‘
resident within Our said province shall not in any time, by any such provisional appoint-
ment hy you’be’miseil to a greater number in the whole than nine, iind that the total ‘number
oitlic members of such Legislative Council residciit within Our said province shall not, at
nny time, by any such provisional appointment, by you, be raiscdito a greater number in the
whole than liliccn: I ‘

Now \Vc do hereby authorize and cnipowcr you, the said John Gcoivc-‘E:irl of Dixrliani,
to iiomimite and appoint provisionally such persons as you shall think E1: to be members of

-0111″ said Executive and, Legislative Councils respectively, who shall hold their said appoint-
‘nicnts provisionally uutii,Our Fiutlicr pleasure shall be known : Provided, nevertheless. and

We do hereby require you fortliwith to transinit to Us, through one of Our Principal Secre-
taries of State, the names and qualifications of the several nieinbers so provisionally
appointed by you to be members of Our said Executive and Legislative Councils respec-
tively, to the intent that the said appointments may bc either confirmed or disallowed by Us
as We shall see occasion.”


——No. :23. –
(No. 4.) . ‘ _ _
Corr of a DESPATCH from Lieutcnant—Govcrnor Sir Colin Campbell,’ G. (2.1).,
to Lord Glcrzclg.

Government House, Halifax,
My Lord, . . 17 January 1838.
I Have the honour to transmit to your Lordship copies of the letters patent
which yesterday passed the Great Seal, constituting provisionally the Executive
and Legislative Councils in Nova Scntia; In the selection of the, several

, members,_l have endeavoured to attend,’ as strictly as circumstances have

permitted, to your Lordship’s instructions, though some deviation from them,
which I trust your Lordship will deem unimportant, has been found expedient
or necessary. ‘ – _

In the lists which I have also the honour to enclose, ‘l lmve adverted,
according to your Lordship‘s desire, to the difference of religious opinion
amongst the variousigentleincn whom lliave called to these Councils respec-
tively; and though in the Executive, consisting of 12 members, seven belong
tothc Establisherl ClI1I1’Cll; and in the Legislative, consisting of 19 members,
10 are Churclnnen, while I] only belong to the many other religious commu-
nions existing in the Province, I assure your Lordship that my choice has in
no degree been influenced by any undue favour to,the Church of England;
lhave made the, best selections which, having reference to the instructions
sent for my guidance, I have found practicable, and with a very sincere desire
to carry into effect your Lordsl1ip’s intentions, and to show no purtiality wl1ot-
ever to any particular religious creed or political opinions.

It was not my intention‘ that the majority of the’Executive Council should
consist of Churchmen; and I would have named to it more Dissentersyhad
I not ascertained that the two whom I considered as decidedly the most eligible,
belonged to two separate banks, of which each had already a partner in the
Council. Nor did I at first intend tocall more than one, or at most two
members from the Assembly; but your Lordship liavingpointed it out as a
principle to be adhered to in the composition of this Council that the members
are to be taken from different parts of the Province, l have been compelled to .
draw more largely from the Assembly” than I purposed; as no gentleman
living in the country, and not belonging to that body, would ever be able to
attend the meetings of the Executive Council; and it will be but seldom
indeed, that is, only while the Assembly are in session, that I shall ever even
have the advice and assistance of the country gentlemen whom I have taken
from that branch-of the Legislature. . , ‘ ‘

lhave named 19 gentlemen to the Legislative Council, and would propose
that its numbers should be limited to’2l. Eight of its present members reside
in Halifax, and the remainder, are taken from the country, one having been
selected from each county, except Queen’s.County,’She1burne, Ynrmouth,

– Richmond, and lnverness; In the three first counties, the gentlemen who were
~ – offered seats declined to ‘serve; and in ‘the two last l have not been able to hear
. of -any persons eligible. ‘

In regard to the presidency of. this ‘Council,-I apprehend much» ditiiculty

‘ and inconvenience may arise if it be assigned to the seniormember holding no

office of emuluinent under-the Crown.‘ .In the present instance, this ixnpcrmnt‘

officehas fallen on onewhose long” experience as Speaker of the. Assemh1y,_

and extensive legal lmowledge, admirably adapt him for it ;»’» but the necessary
qualifications may not alnfays be found in‘the senior member; and} would
therefore,’ recommend that the Crown should reserve -to itself: tl1e,‘right”of

V nomination. And with respect to tlxeilixecutive Council, I would-beg leave to

repeat-the suggestions offered in mydespatclies of the 26th August_and’.16th

‘December last; viz.,’first,‘ that the seat of‘ any niemherjof the Assembly who

maybe‘ appointed to thishody shall become vacant on’_”t,he dissolution of ‘the
Asscmbly,,or on his ceasing to.l)e a member. of the House ; ‘and’ secondly, that

‘ thejquorum should be reduced to five,=for’the.reasous already explained. ‘

3-,l cannot conclude. this despatchwithout.‘exprcssingfimy great regret that

Mr. Collins is-excluded from the Council; lie isthe wealthiest and one‘, of the ‘

inostrespectable men in tl1e,Proviuco;” .

‘ 579. so He


No. 23..


linclosurcs in
No. 23.


He was forinerly c.\’tciisircly ciigagerl as a !!l(3l‘Cll(mt_. but has of late _\’car;-z
dcrotcd hinisclf ciitirely, except that he holds a share in a private liziiik, to
agriculture and the ciiilicllislimcnt of his country residence in the l1(‘lgl1l)lIlu‘~
hood of llalifax, wlicrc he lays out more nioney, and employs more labourers
constaiitly than any l0 other gciitlemcn in thc PI‘()\’l11Ce do in their private
piirsiiits. Sixteen years ago lie was about to rcinore with his large capital
from the Province for ever, but was induced to reniaiii by the offer then innda
to him by Sir Jaines Keinpt of :1 scat in the Council, and he is now deeply
mortified by his exclusion. ‘ .

I trust, tlicrefoi’c, that your L01‘(lSlli1) will be pleased to appoint him to one
or other of the Councils. The nuniher of the Executive Council is now coin-
pletc, but one of the gcntloiiicii is naiiicil to it on an \indci’staii(liiig that he is
to give place if Mr. (.’ollins‘s introduction into it. should be .’ippro\‘ed.
I have, &c.

(signed) 0′. C'(uizpbrell.

Eiiclosures in No. 23.
(No. 1.)

VICTORIA, by the Gi’acc of God of the United Kiiigiloiii of Great. Britain and il‘(!l:mIl
Qucaii, .l)el’c-iidcr of the Faitli, and ol‘ the l/iiitcd Clnircli oi’,lZnglaiiL| and lrelainl on
Jiurtli the Supreme Head,

To Our trusty and well-hcloved ‘l‘lionia.< N. Jclli:i’y, Simon ll}. llohie, Samuel Cunard,
lleiiry ll. Cogs L‘ll,..l0§C1)ll Allison, lisquires, Sir RlX1)(.’l‘l‘..D. George, B:ti~t., Jaiues
W. Joliustuii, .laiuc.»- Boyle Ul1l:ICl\’C, , Edniund M. Dodd, I-lcrliert Hl.ll)l.lllg’l.(ilI,
‘l’lioiiia.s Ainli’cwStraiigc Dc Woll”, and Micliael Tobin, senior, csquires ;—Grcetin-g:

\\”iirni~:.\.~‘ in Our Royal CL)nsl(lf21′.’ll.l0ll having deeincd it c.\’pc(licnt that the executive ainl
lcgi. itivc poireius wliicli liavc liei’ctol’orc been unite(ll_v‘e.\’orcisetl by our Council in Om-
Province ol’l\‘ora Scotia slioiihl lit: e-rcparated, -and that there should be two distinct and
SC\’0l‘7\l Councils in Our said 1’rovincc f’orc.\’crcisiii;: separately the said functions, to bc
resp .tivcly called llcr i\’iajcsty’s or the .lLxecnti\’c Council, and the Legislative Council of
Our iid l)l‘(i\‘lIl(‘.c ; We did lately through Our trusty and well-beloved Charles Lord Glciiclg,
Our l’rincipal Secretary ol”Stutc for the Colon , coiiinninicatc such Our Royal will to Our
trusty and wcll-lielovcd Sir Colin Caiiipbcll, lxiiight Coiiuiiander of the Most Honoiiralilc
Military Order oftlie Bntli, l\lajoi’-general of Our forces, and Lientouaiit~govci’iior in and
over Our said Proviiiec, and (lid cnipower and instruct him Our said Lientciiaiit-goveriior
l’ortliwitli to L” “y such Our purpose into ell}.-ct, and For that objectto noiiiiiiatu and appoint
lit and proper ]!Cl’50l’1S to be incniliers ol’ Our said two Councils in the said Province pro-
visionally until Our further plcasurc should be known,-

Now know ya, that We, i’L-posiiig; special trust and confidence iii the loyalty, integrity,
and ability of you the said Tlimiias . .lcll’cry, Simon B. Robic, Samuel Ciuiurd, Henry H.
CoI,:s\\’cll, Joseph Allison, Rupert D. Gl30l’§,‘_‘l3, Juincs \V. Johnston, Janios Boyle Uniacke,
lidiuuiid M. D0(lll, llcrliert lluiitinglon, Thonias Andreiv Straiigc De Wolf, and Micliacl
Toliin, senior, linvc tlioiiglit fit provi:;iminlly to iioiniiiatc and appoint you the said Tllornns
N. Jell’ery, Simon B. Roliie, Samuel Cunard, lleiiry ll. Cogsircll, Jose h Allison, Rupert
D. George, .laiiic.=. \V. Jolinstoii, James Bovlo Uiiiacke, Ediniind LI. Dodcl, Hcriert
Huntington, ‘l‘linmas Andrew Stmiigc Dc \Voli: Michael Toliin, senior, to he menibcrs of
Our Execiitive Council aforesiiitlfoi‘ the Province ofNo\’a Scotia until Our f’urtlierplcnsu1’e
shall he niadc known. _ ,

And \Vc do (luclarc Our will and pleasure to be, that all and every of the powers and
€1lll.ll0|’lllCSllf:l'(.‘l.OilJl’C rested in Our Council of the said Province, except so far as respects
the enactments of any laws tohc niade within Our said Province, shall henceforth be, and
the some are licrcliy vested in Our said Executive Council, and you the said Tlioinas N.

‘ Jeflbry, Simon B. Robic, Sninucl Cunard, Henry H. Cogswell, Joscpli .1\llison, Rupert D.

Georgc,Jamcs W. Johnston, Juincs Boyle Uniaclac, Edinund M. Dodd, ”(:l‘l)EI‘i. lluntington,
Thoiiias Andrew Stiaiigc de Wolf, and Micliael ‘Tobin, .<_cnior; and cacliof you are hereby
empoircreiloaiid iegiigred t'(;1(3.\’CL£lll‘;(3 they ‘ill ktlhc like niaiilncil‘, and] as fully in every
‘res met as ur sai ounci icrc o ore o 1’12‘! ins one or nun‘ it iave 1 one.
nd \Ve do further declare Our will and pleasure, that aiiytsievcii of ()_ur said Execlitive
Council shall he xi quoruni, mid that in the absence ofOur Governor or Lieutcmiiit-govcriio1′
of Our said Province, or ofthe ollicei‘ u<lniiuisteriii_; the government tlieiizol, the 1l1Cllll)Cl‘.0l‘
Our sxiid Council whose name shall stand first in the list, shall preside in our Executive
Council. – ” ”
Given under the Great Seal of Our said Province ofNova Scotia; uitiicss Our
gusty and well-lielovcd his ExlCC(l;lcl)C)’.“l3j0lTgeI;£;l‘£;‘l‘Dll‘ Colin Cn3ipliell_,£;.1<,;.n., ui- .ieutciiant~«ovcrnoi* ain omman er-in-c ne on am over ur sai ro- Vince, this 16th ay of Jaiiiiary, ‘in the first year of Our reign, and in the vcur of our Lord 1888. ‘ ‘ . ‘ – By his Exculleiicy-‘s Comiiiaiid. NOVA SCOTIA, NEW BRUl\’SWICK,i&c. 3 (No. 2.) VlC’l‘0l|IA, l)V the Grace of God at‘ the United Kiivrcloin at” Great Bi-itainvand Ireland Queen, Defunderef‘ the Faith, and of the United Cliureli of England and Ireland on Earth the Sunrcine Head. i To Our trusty and well-hclovcd the Ri.«_-“lit Reveieiirl John Lord Bishop of Nova Scotia, and Simon B. Raliie, Peter M‘Nnb, Janms Tobin, Joseph Allison, Nominn Uniaeke, -, James W. .lohnston, William Lawscui, Gcoige Smith, Alexander Stewart, \‘v’illiain Rurlolf, Lewis M. \Vilkins,junior, James S. Morse, William Ouseley, Robert M. Cutler, Alexander Campbell, James Ratehford, Joseph Fitziuiidolpli, and William 13. Ahnon, u.n., esquires ;—Grectiug: – . Wnanr-zas in Our Ravel consideiution, having deemed it expedient that the c.\’eeutive and legislative powe” which have licretoforc been uuitetlly exercised by Our Council in Our Province oi‘ Nova Srotia should be separated, and ‘that there should be two distinct and several Councils in Our said Province for exercising separately the said functions, to, he respectivel culled Her 1\Iujcsty’s or the Executive Council, and the Legislative Council of our sait I’i’ovinc(-.; \Ve did lately. through unr trusty und xvell-lielovcd Charles Lord Glenelg, Our Principal Sccretai’y ot” State for the Colonies, eouiuinnicate such Our Royal will to Our trustv and ivell-‘-beloved Sir Colin Campbell, Kni ht. Coniniander of the Most Iloin>iirnblc Military Order of the Bath, Major-general of air Foiees, and Lieutenant-
gurcmor in and over Our said ]’i’oviiice, and did eiiipo\ver.and instruct him Our said
Lientenrint~gorernor, fortliwitli to carry sueli Our purpose into client, and for that purpose to
nominate and appoint fit and proper personsto he nienibcrs of Our said two Councils in the
said Province, provisionally, until Our furtlier pleasure shall be known ;

Now lmoiv ye, that We, veposiug especial trust and coiifiilence in the loyalty, integrit ‘,
and ability of you the said Right Reverend John Lord Bisliu i of Nova Seotia, Simon
ltohie, Peter M‘Nnh, Janice; Tobin, Joseph Allison, l\’ornian niaeke, James \V. Johnston,
\Villiain Lawson, George Smith, _Alcxander Stewart, \Villiani» ‘il,udol|’, Lewis M. VVill:ins,
innior, Jaines S. Morse, William Ouselc , lloheit M. Cutler, Alexaiiiler Campbell, James,

:‘R11lClliIUI‘t.l, Joseph Filzrdlltlolpll, and \ illiain B. Alinon, have tliuuglit. fit, provisionally, to

of Nova Seotia,

nmninute and appoint ou the said Right Reverend John Lord Blsllfip‘ R J
ni:\c’e, aines W.

Simon B. Roliie, Peter i’l‘Nab, James Tobin, Joseph Allison, Nonnaii

– Johnston, Willinni Lawson, George Smith, Ale.\‘ander Stewart, William Rudolf‘, Leivis M.
\Vilkiiis,junior, Janies S. l\’Iorse,\Villiani Ouselev, ‘Robert M. Cutler, Ale.\‘i1nder.Cam bell, ‘

Jnines llatehfurd, Joseph Fitzrandolph, and William )3. Ahnon, to be members o”Our
LL-gslativc Council at’oresairl, for‘ the Province of ‘Nova Scotia, until Our further pleasure
shall he made l’iltO\\’I‘t. – And \Vc (lo declare Our will and pleasure to be, that all and every

‘ – oi‘ the powers and autliaritics heretofore vested in our Council of‘ the saicl Province, so far
as respects the enactments of any laws to be inade within Our said Pl’0\’ll1Ce, shall hence-,

forth he and the same are hereby vested in Our said Legislative Council ; and you the said
Ilirrlit Reverend Jolui Lorcl Bishonuf Nova Scotia, Simon 13. Roliie, Peter M’l\‘ub, Jain:-s
Toiin, Joseph Allisoii, Norman Uniaekc, James W. Jolinston, William Lawson, George
Smith, 1\lL-xander Stewart, William Rudolf, Lewis M. \Vilkins,junioi’, James S. Morse,

. \Villiain Ouselcy, Robert M. Cutler, Ale,\’ander Cillllpbell, James Ratehford, Joseph Fitz-

mndolph, and William B. Alinoii, and each of you, are hereby empowered and re uired to
execute the same in the like inanner, and us fully in every respect, as Our suit Council
heretofore of rirrlit has done or might have (lone. .
And We do turtlier deelareOur will and pleasure, that any of Our said Legislative Council
shall be a quorum; and that the nieinbcr of Our said Council whose nrune shall stand.fiist
in the list, with the exeeptiuii of the Right Reverend the Lord Bishop oT1\’ova Seotia,’and
the nU2n’tltCl‘:§ holding otlices of eiiioliiment under Us, sha.ll- preside in Our said Leg.’-;islztti\’e
Conucil._ – . . ‘ .. ‘
Giv\en under the Great Seal of Our said Province; witness Our trusty and
well-beloved His ,E.\‘cellc-ncy Major-General Sir Colin Campbell, x.c.n,,
‘ ‘0ur Lieutenant-governor and Commiiiidei-in-cliiel’ in and over Our said

nova scorm,

Province, this 16th day.oi’Jnnuary, in the first yearof Our Reign,’ and in the ‘ i I

yenrofour Lord 18:38. ‘ _
By His Exce1lency’s comniuud.

. ——No. 245- W
(No-1s7-) , A ;.
Coirv of a. DESPATCH from Lord’G’lencl_g’r to Major-‘General Sir H

Colin C’a1zipIiell, G.‘c.B. – 1 1 . ,
. . ‘ ‘ , Downini,;—street, 7 Mnreli 1838.’
.-* I HAVE had the honour to receive your despetch of the ’17 th January, No. 4,
reporting; the steps wliienyou hurl taken for _con§titutiug,the Executive and
Leglslimve Councils of ,Nova‘ Scotia,.on the‘ “p’rineipIes‘ laid. don‘-n‘_’.in. my
despatches of the Idates “mentioned in’ the margin. 5 Before the ‘ui’rival of this

Sir, »

No. 54. ‘


3. o
No, ioi.

. _ despatch:’

‘ 3o Afiril -1837,-

ct0l>r~r -V1337, _




Enclosures in
A\°. 25.

tlespatchtlie Commission of the Earl of Durham, as Governor of Nova Seotia,
and your Commission as L1entenant—Governor, had been already dispatched.

I have to convey to you my approbation of your proceedings on this impor-
tant subject, and I shall take the ‘earliest— opportunity of submitting to the
consideration of Her Majesty in Council the names of the gentlemen whom you
have selected for the respective Councils. In compliance with your recommen-
dation, I shall also have much pleasure in submitting the name of Mr. Collins
for appointment to the Executive Council; but as you have not pointed out
the gentleman whose retirement to make way for Mr. Collins had been agreed
upon, and as I am not aware of any reason for limiting the number of’tl1e
Executive Council to 1:2 members, Mr. Collins will form an addition to the list
which you have sent home. ‘

You repeat your suggestion that the seat of any member of the Assembly
who may be appointed to thc E.\’eeuti\’c Council sliouldbe vacated by the
dissolution of the Assembly. The principle involved‘ in such a regulation, if
applicable in Nova Scotia, would of course be equally applicable in all the other
North American provinces; but Her Majesty’s Government are not prepared
at present to introduce any change of this nature into the system. The mission
with which the Earl of Durham is charged, will include a review of the prin-
ciples on which the Councils of the British North American Provinces are
constituted, and will advert to this, zunong other points connected with the
subject. ‘

I have, &c.

(signed) ‘(H6118/g{

.’-~ No. 25. –
COPY of a DESPATCI-I from Lieutenant-Governor Sir Colin C’am}2Z/ell, K. C. B.
to Lord Glencly. ‘
My Lord, Halifax, 5 February 1838.

I HAVE the honour to transmit your Lordship copies of the speech with
which I opened the Legislature of this Pro\1’nce on the 25th ultimo, and the
reply of the Legislative Council and House of Assembly thereto. .

I have, &c.

(signed) Colin Campbell.‘

Enclosure in No. 25.

Iialifax, Nova Slcolia, Legislative Council Chamber,
_ , I ‘r’hursday, ‘.22′; January 1338.

AT. two o’clock this day, His Excellency the Lieutenant-Governor proceeded in State to
the’Council Chamber, and being seated, the Gentleman Usher of the Black Rod was
vdirectcd to command the attendance of the House of Assembly; the House attended
accordingly, when His Excellency was pleased to deliver the l‘ollo\ving’Speech :— .

I’Ionoura.blc Gentlemen of the I.egislativc‘Coui’icil,
Mr. Speaker and Gentlemen ofthe House of Assembly,

Hy first duty, and apaiuful one I find it, is to eondole with you on the loss which,_
since our last meeting, we have sustained, by the demise ofhis late most gracious Diajesty
\Villiz1m the Fourth, of blessed memory, whose paternal attachment to’ this Province, wine 1
he visited at an early period of his life, will he remembered by you with gmtitudc and
respect. « – I , I –

The Throne of the British empire is now fillcdhy his aiugiist niece Queen Victoria, the
(laughter of his late Royal Highness the Duke of Kent, who for many years resided amongst
you, when Commandonin-clnizf in British America. lier l\-Iajesty’s accession has been

thulled, in every part of her extensive dominions, with the most enthusiastic loyalty: her .
. It

youth and sex claim*i‘rom-her subjects their dutiful aifeetion and support.

:g_‘o7g. .. ,_- .:. .374


It is with doe i regret I have to notice the late unfortunate events in the Canadas; but NOVA SCOTIA.
1 have the satislinctiun of inforlning you that the insurrection has been put down in Lower ”
Canada, and that thc traitorons attempt made to separate the Upper Province from British
rule, has been signally defeated by the gallant conduct ol” its mi itia alone. It is true that
a small and dcspemte band still retain possession of Navy Island; but there is every reason
to believe, as measures have been adopted at the recommendation of the President ofthe
United States for the cnfovcementof neutrality on the frontier, that these deluded men,
deprived of all foreign assistance, will speedily be disperscd._ _ ‘ _

These rebellious prucecdin . lmve called forth in this Province expressions ofindi motion
and ahhorrence, and the ad resses from various quarters which haverbeen resente to me
declare the unshakcn attachment of the inhabitants of Nova Scotia. to Her ajcsty’s person
and government.

. I have great lensure in congrutulatintr you upon the abundant harvest with which it has
pleased Divine rovidcncc to reward the nbonrs ofitlie hnshandman, and which has diffusctl
the blessing of plenty throughout the country. ‘ . .

Mr. Speaker and Gentlemen ofthe House of Assembly,

The provisional estublisllmcnt of two distinct Councils, which has recently taken place,
and the despatches which lam instructed to lay before you, afford ample evidence of the
gpucious attention that has been paid to the representations which you addressed to the
Throne in the lust Session. _ .

I earnestly hope that this important alteration of the ancient constitution of the Province .
will be attended with all the advantages by which, when you advised the measure, you , .
expected it would be acconipunir.-Ll. _ .

I have directed the public accounts to be laid before you, and I trust you will find that –

I the supplies granted to Her Mnjest ‘ in the last Session have been faithfully expended. The
usual estimates of the civil cstablisllment for the present ear will be submitted to you, and
I have no doubt of your providing for the support of Her lIajesty’s Government, and for all
other necessary services, with your usual liberality.

Honourable Gentlemen of the I.egislutive Council,
Mr; Speaker and Gentlemen of the House of Assembly,

Iihavc rfrent satisfaction in acquainting you, that the revenue last year has increased’; the recei ts have been more than sufficient to meet all the demands on the
treasury. feel it my cliity to recommend an economical application of our means, by keep-
ing our expentlitrrrc within our income. _

I most earnestly desire to draw your particular attention to the ineflicient state of the
militia; it is not at present what I wish to sec’it; there is all the good feeling and loyalty
I could desire. As it is the constitutional defence and security of the Province, I am per-

‘suaded you will see the necessity of amending the law now in existence; and the zeal and
_ discipline of 515,000 young and willing sons of your own families ought not to be neglected
by Government and the Legislature. = . i – .

It is the earnest desire and recommendation of Her Majesty’s’Government that you will
cuter upon the discliar-=vc”of. your ublic duties with that spirit of harmony in your ro~
cecdings for which the egislature oil this Province has so long been conspicuous, and w ich
has proved so conducive to the best interests of the country. , 2 = _

– My anxious wish is to see peace, content, and prosperity prevail thrnughont the Province;
and ou may rely upon my cordial co-operation in any measure which can tend to secure
and increase these blessings. ‘ ” ‘ ‘ ‘

To his Excellency: Major-General Sir C’alin.”C’ampl:elI, Kniglit_Conunnnder of the Most
Honourable Military Order of the Bath, Lieutenant-Governor and Commander—in-Chief . I
‘in and over Her Majesty’s Provinccpof Nova Scotia and its Dependencies, &c. &c. &c. .

The [address of the Legislative Council. ‘

May it please your Excellency, _ V . ” ‘ . . . – _ . V

JV}-:, Her’ Mnjésty’s dutiliuliznid lo al sul>je<its,V the Legislative Council of Nova Scotia, ‘
hurublybeg leave to thank your Excel ency for the Speech with which you have been pleased-

to open the present Session of the Provincial Parliament. . g _ i .
\Ve participatemcitll your Excelleitcy in the puinf_’ul feelinvs which the’demise of hisllute
moslxgracrous Majesty -‘King””\Villinm’the -Fourth excited tliroughourlris xvidelyiextended
dominions. The condesceuding-regardwlilch his Majest ollen expressed towards this
Province, as_flie scenewhere-‘aportion of his ‘early life he been spent,’ has rendered his.
memory dear to its inliabitants; whileithe important events of.universal.interest which have

_ clmractenzcd his reign, will ever give to; that .po t’ n_of’our.h_istory_._a conspicuousgplncep in

4- the annalsof the empire. ‘ . ‘ ‘ . ‘ ‘ . – . ‘_ – ‘


5have produced an abundant harvest, and that the labours of the
the country lizive beeii‘ren-nrded with plenty. ‘


We respond with the deepest emotion to the seiitinients of devoted attaclniieiit and feelty
tn oiiraiigust Sovereign Queen Victoria, \\’liicli her accessioii to the Throne has called lbrtli.
It gives us pleasure to remember the \va.rin interest \\’lllClI her late father ever evinced in
the ii’ell‘are of‘ this Province, where he long resided, iissociates ller Mai’esty more readily
with its inhabitaiits; and we feel with your Excclleiicy that her age and, sex draw around
lier the alfectioiis of her snhjcots with deeper iiitercst.

‘l‘hr.- unhappy events in the Caiiadas have excited our deep regret; but we find great satis-
_liiction in the assiiriiiiee that the trnitoroiis attempts of (lesigiiiiig nien lntve been suppressed.
\Vc- rejoice that the gallant militia of Upper Czinmln met so distinguislied ii miniiier the
eiiiergeney which called their loyalty and courage into exercise; and indulge with ileasurc
the hope your Excellency aflhrtls us that the desperate band of wicked and misgni ed men
on i\’:i\’y lsliind, still found in opposition to thejiist mitlierity ol‘ Her Majesty and the lmvs,
being deprived, through the intervention oftlic Lr’overiinient of the United States, of foreigii
aid, may speedily be dispersed, and the miseries of‘ violence and disorder be altogerlier
stayed in our sister colonies.

We feel happy that the addresses i’roni nuinerons parts of the province have conveyed to
your Exeellene ‘ declarations of unshnken loyalty to Her Majesty’s person nod Government.
Ulllllll” in our odyineliibeis from-vai’ioiis parts oi‘ the Province, we are enabled to assure
your Excellency that such is the universal feeling of Nova Scotia; nor can we fail to use
the present as :2 fit occasion to tender to Her Mayesty, in unison with our i’ello\v~siihjecL~:,
our own expressions of siinilai‘ sentiments”.

In the eoiigratulatioiis expressed by your Excellency on the late bountiful liarvest which
lies difliisaed prosperity through the land, and is tliejiist cause of the liveliest gmtitude and
devotion to the Ahiiighty Giver of all our blessings, we most cordially unite with your
Excellency. .

The increase of the revenue, and the faitlifiil discliarge of‘ all demands upon the Trea~
sury, are very g‘l‘utlryl||fV. In the applicatioii of our augineiited resoiirces we shall not fail
to be guided by your hxeelleney’s reconiinciidatioii for their economical expeiiditurc.

A«_;reeiiig as we entirely do in the sentiments expressed b your Excellency regariliiig the

state of our militia, we iall readily adopt any iiieii.~iui’es t iat may be devised for the iin-
provcinent of iLs discipline and the increase ol’ its cllieiency.
‘ cflbrtuii our part shall be wanting to ensure harmony in the pcrfoiiiiance oi’ our
legislative lal)oiir.s, deeply convinced that, conducted in such it spirit alone, they will be
beneficial to the Proriiiee ; and your Excellency’s atlininistrzition oi the govermiieiit enables
us to rely with perfect C0l’lll£]Cll(.‘C upon your co-operation in every measure wliich may
advance the interests and promote the peace, liappiness, and prosperity of the people of
Nova Scotia.

To his Excellency Majoi’—Geiieral Sir Colin Campbell, Knight Commander of‘ the Most
Honourable 1′ i it V _ _ p ‘ _ I
in and over I-lcr i\lajesty’s Province of Nova Scotia and its Dependeiicies, &c. &c. &c.
The liuiiible Address of the House of Represeiitmives in General Asseiiibly.

May it please your Excellency,

W15, Iler I\lajesty’s dutiliil and loyal siilijeets, the Representatives of _Hei- iVIujesty’s loyal
people of Nova Scotiil, thank your Exeelleiicy for the speech with wlncli you have heen
pleased to open the prcseiit session, and condole with your Excellency on the‘demise ofour

late <_;r:icious .<orci’cigii\Villiani the Fonrtli, whose blessed ineniory is endeared to the people _

of l\‘il)\’lL Scotia by tliepaternal attacliiiicnt he extended towards its iiiliabitniits, among whoni
he speiit part of his early life. The nee sion to the ‘l‘liroiic of the British empire of his
aiigust niece, Queen Victoria, daugliter ofliis Royal I-Iighness the late Dakepol‘ Kent, has
been hailed tliroughoiit her extensive dominions with ritptiirous and entliusias ie loyalty;
and lieryontli and sex have no where a stronger claim to attriehiiieiit than in this Province,
where the nieinory of her illustrious fatlieris gratcliilly cherisliecl.— ‘

The regret we feel For the recent insurrection in the Caiimlas is mitigated by a knowledge
that it has been suppressediii the Lower Province ;~ and we feel proud that the ceiistitutional
force of the Upper Pmvince has defeated the tniitorous, attempt ‘to cast ofl’_ British alle-
giance; and are gratified to learn that the government of the United States is detcriuiucd

to adhere to the pacific Lreitties subsisting between the two nations, and to preserve that new v

trality which mayleave the desperate band of‘ conspirators encmuped, at Navy Island no
:i1teriiati\~e but submission to ajust and indignant govei-ninent. V _

The uttaelnucnt of Nova. Sections to Her.Majesty’s person and Goveriiment has ever
been unsliuken, and recent events
expressed. ‘

We are ‘plen.<.ed to liearfi-oni your Excellency that the blessinws of Divine l’i-evidence
‘hushandman throiigliout


arv Order of the Bath, Lieutenant-Govcmor and Coiiiinaiider-in-Cliiel .

have only caus_e_d it to be more openly and frequently _

V for which the ‘ cg


We are disposed to view the provisional establishment of two distinct Councils as evidence
of the rrncions attention which has been paid to the re ireseiitatioiis‘addressed by this
Asscinh y to the Throne dnrin the_ last session; and‘ it shall not be our fault if this ini-
portant alteiatioii is not attcn ed with all the advantages by which, -wlieii we advised the
measure, we expected it would be accompanied. i » ‘

We thank your Exeellency.for directiirg the public accounts to he sulnnitted to us ; and
you may rely on our disposition to provide for the necessary‘ support of Her Majesty‘s

Gore riiniciit.

We are happen to learn that the revenue has considerably increased during the past year,
and that the receipts have been more than sufficient to ineetall the demands on the l’reasury.
The reconnnciidution of an economical application of our means, we feel is founded on an
enligliteiied view of the wants nndiresources of this young. country, and your? Excellency
may he assured that it shall be our constant endeavour to keep the expenditure cl‘ the
proviiioe-ivitliiii its iucoiiic. –

The Militia Law, to a revision of _ which your Excellency has called our attention, was
framed upon the conviction that the old system, while it was burtliensonie to the country,
was productive of no corresponding advaritage, the time which was devoted to trainings
heiii iiisuliicient to coniinunicate discipline or military skill. Should we find, however,
auyt ing in the present aspect of the times, or in the events which have occurred during the
recess, to require the adoption of more efficient enactments, your Excellency may rely
that, while we endeavour to husband our resources, we shall suificiently evince our anxiety
to secure the peace and strengthen the constitutional defences of the Province.

At a time when iieiglibourinn‘ colonies are only recovering from the eiibcts of civil strife,
it shall be our pride to iesponif to the earnest desire and recommendation of Her Majesty’s
Govcnmient b entering upon the diselinrge of our public duties with‘ that spirit of harmony
islnture oi‘ this Province has long been conspicuous, and which has proved
so conducive to the best interests of the country. .

We feel assured that it is your E.\‘cellency’s aiL\’ious wish to see pence, content, and pros-
perity prevail tlirougliout the Province, and will labour‘ to co-operate with your Excellency
in cveiyinensure which can tend to secure and increase those blessings. ,


‘NOVA scorm.



,,,.§g;§:,C,_ NEW BRUNSWICK.

No. 1. , ~-No. 1.-
COPY of a DESPATCH from Viscount Godcrich to Mr.Prcsident.Blac/l.
Sir, Do\vning—street, 7 December 1830.

MY attention having been directed to the constitution of the Councils in the
Provinces of Nova Scotia and New Brunswick, with the vie\v of giving them
a more independent character, by introducing a larger proportion of members
not holding offices at the pleasure of the Crown; 1 have to request that you
will report to me, in the event of its being considered desirable to increase the
number of the Council in the Province of New Brunswiclc, how far it may be
practicable to find a sufiicient number of persons of respectability of this de-
scription, whose services may be employed advantageously as councillors-

I have also to acquaint you, that in future, it is “proposed that the puisne
judges of the Province should not be admitted to seats in the Council.

, I have, &c.
(signed) Gozleric/z.

No. 2. ——~ No. –

Corv of a DESI’A’1’CH from Mr. President Black to Viscount Gozlcrich.

_ Fredericton, New Brunswick,
My Lord, , 1 March 183].
‘ l u.wa had the honour to receive your Lordship‘s despatch of ‘the 7th Dec.,

acqnainting me that your attention had been directed to the constitution of the ‘

Council of this I’rovinee,_\vitli the view of giving it a more -independent cha-
meter by introducing :1 larger proportion of members not holding office at the
pleasure of the Crown, and requesting me to report to your Lordship, in the
event of its being considered desirable to increase the number of the Council,
how far it may be practicable to find :1 suiiiciency of persons of respectability,
whose services might be advantageously employed as councillors.

Should I-lis .\lajesty‘s Government so determine, it is my humble opinion that,
to :1 small extent, with due cireumspection, such persons may be’ selected from
different parts of the Province; but persons possessing qualifications highly to
recommend them for such a situation are not numerous at present. It is my
opinion, also, that any increase should be gradual, having some reference to the
additions that may, from time to time, be made in the ‘House of Represen-
tatives, and that, if it be the intention to remove the puisne judges from seats
in the Council, the present number of members, if efiective, would be amply
sufficient. .

In regard to‘ the judges, as far as my own experience and judgment can
decide, they have generally been eminently useful members at the Council

Board ;although on questions any way affecting themselves, it must be admitted ‘

that, sometimes, upon a thin attendance of members, they have had a majority
against popular opinion. ‘ . ‘
I herc\vith‘ transmit, for your Lordship‘s information, the.list of Council on
1st January.’ V V
Last December we lost one member, S.‘ D. Street, esq.; by ‘next opportunity

I shall talcc the libertyto recommend a person in my opinion qualified to sue—‘

L'(‘€(l him, should his Excellency Sir Howard Douglas not -have already pro-
posed one to your Lordship. ‘ = .

‘ I have,‘ &c. _
(signed) U/illiaiit ‘Black.

NOVA scorm, New BRUNSWICK, &c. 43

‘._lN0, 3,.
(Not 5-) _ ._
Corr of , a DESPATCI-l from Viscount Gadci-ic/L ‘to Mr. President Black.

Sir, Downing-street, 25 April 1831.

I nave the honour to acknowledge the receipt of your despatch of the
1st March last, replying to my inquiries as to the state and composition of His
Majesty’s‘ Council in the Province of New Brunswick. As it appears by your
despatch that any increase in the number of the members at present could only
be to a small extent, and two vacancies having. recently occurred by the death
of Mr; Street, and the removal of Captain Hurd to Upper Canada, I shall be
prepared to receive your recommendation of two gentlemen unconnected with
His l\'[a.jesty’s Government to complete the Councilto the presentnumbcr of
thirteen, leaving any further addition to it as a subject for future consideration.

I have, &c.

(sigicd) Goilericlr.

, l -—r No. 4. –
(No. 52.)
Corv of a DESPATCH from Mr. President Black to Viscount Godcrich.

Fredericton, New Brunswick,
My Lord, 25 August 1831. .

I HAVE had the honour to receive your Lordsl1ip‘s dcspntch of the 25th April,

ncquainting me that the num_ber of Council is to remain for the present at )3, ‘
and that your Lordship will be prepared to receive my recommendation of twovv

gentlemen unconnected with His Majesty’s Government to fill ;the_ vacancies
recently occasioned by the death of Mr. Street, and the removal of Captain Hurd
to‘Upper Canada. As your.Lordship has oondescended to’, receive my re_oom—
mendation (which I had before avoided taking the lilJerty,.to make, lest inter-
fering with the prerogative of the Lieutenant-governor, who was on the spot),
upon due consideration of the consequence of such appointment, and the’neees-
sity that there should bealivnys at or near Fredericton az sufiicient number to
form a quorum for the despntch of the ordinurypbusiness in Privy Council, Ijhave
the honour to submit for your Lordship’s sanctionrthe name of -Peter._Fraser,
esq., a respectable and intelligent gentleman‘ of substantial worth l1l1drCl1fi1—
meter in this country, for a long time an active and influential member of
the House of Assembly, and upwards of 30 yearsvresid’ent- in Fredericton.
The other‘ gentleman I would propose to your Lordsliipis Charles Samuel

‘ Putnam, esq., bnrrister—nt-law, grandson of the late Judge Putnam, a gentleman

of the strictest honourpand integrity, and in my judgment well qualified to prove

an eminently useful and correct member of. Council. But as your Lordship –

guardsagainst persons connected with‘Govemment, it” is ‘my duty to state-that

Court, but of very trifling cxnoluinent. ‘ ; _ v

‘ Mr. Putnam at present holds the ofiice. of clerk of the Crown in the Supreme .

Should your Lordship, however, object to Mr. Putnam, if he retains the ‘said :


No. 3. .,

No. 4.

clerkship, another nomination can be made to Sir Archibald Campbell, although ‘-

in that situation. I .. _ .
‘ ‘ ” Ihave, &c. _ y
»_ ‘(signed)’ . ” ; Wi_iIliam-=BIdc/l’. _

: no one, in my opinion, canbe found who would more honourably acquit himself ‘ p



‘ —No. ‘.——

No‘ 5‘ (No. in.) 9

Com‘ of :1 DESPATCI-I from Viscount Gatlcrirh to Lieutenant~go\’crnor
Sir .-1. Campbell, Bart. one. u. ‘ I

Sir, Do\ming—strcct, :29 October 1831.

I HAVE to acknowledge the receipt of Mr. President Black’s despatch,

No. 52, of the 25th August last, recommending two gentlemen to fill the vacan-
cies recently occasioned in the Council of New Brunswick by the death of Mr.
Street, and the removal of Captain I-lurd to Upper Canada.
. As I am in expectation of hearing from you on the subject of the tender made
by the judges of their seats in the Council, it appears to me to be advisable,
instead of selecting the persons recommended by Mr. Black, that the principle
of extending the representation of different parts of the Province should, as for
as practicable, be acted upon in filling up the vacancies in the Council. I am,
therefore, desirous‘ that James Allensliaw, Esq., of Charlotte County, -should be
selected for one of the vacancies, and] should have suggested for the other
vacancy a gentleman chosen from )liran1ichi, if I had not been given to under-
stand that Mr. Simonds, who is already in the.Couneil, was’fo1-merly member
in the House of Assembly for the county of Nortliumherland.

I am, therefore, to request that you will avail yourself of an early opportunity
of submitting to me the names of such gentlemen, as you may consider likely,
from their property and-attainments, to fill that important situation with advan—
tagc to the Province.

1 have, 810.
(signed) Goticrich.

N0‘ 6. -—-No. G.-—-
Corr of a DESPATCH from Viscount Gozlaric/L to Lieutenant-governor
Sir A. Campbell, Bart. G.C.B. ‘

:10 March 183:. Sir, ‘ Downing—street, 26 May I831.
I HAVE the honour to transmit to you the copy of a letter which} have
received from Mr. Botsford and Mr. “lard Chipinan, two of the assistant judges .
in the Province of New Brunsxvlck, tendering their resignation of the seats
gm 1. which they hold as members of His Majesty‘s Council in that Province. .-
/ I have thought it right to refer a communication of this nature to you,‘ with
a view to youinreporting, after you shall have had the opportunity of making
yourself acquainted with the subject, whether it would be prudent to accept the
resignation of the two judges, having due regard to the real feeling of the
thinking part of the community in the Province on this subject, and the means
which may be found for supplying the places of the judges in the Council by,
~indi\’iduals of sufficient weight and intelligence belonging to a different pro.-
fession. ‘ ‘ ,
v 0 ‘ I transmit for your information a copy of the letter which I have directed
my undcr—secretary to address to Mr. Botsford and Mr. Ward Chipman on this.

subject. _
‘ “I have, &c. .
(signed) otlcricli.
I3nc1._:, In I\’n.0. i Enclosure 1, in No. 6.:
My Lord, I i Fredericton, i\’é\v Brunswi<_:k, 30 March 1881.

BEING assistautjndges of this province, we beg leave to approach your Lordship on the
subject of our holding seats in the Council. . . ‘ ‘ V _
There is, as your Lordship knows, but one Council in thislprovince, both for executive
and legislative purposes, and we had the honour each ofus ofbeing, called to some at this
Board without any solicitation ononr part. . , – ‘ ‘
,,Thc‘prcscnt state of Parliamentaryopinion in England on the subject of‘judgcs‘heing_ ,
meinbcrs ofthe colonial councils, and the manner in which the influence of that opinion is , ,
‘ ‘ I . ‘ , ‘_ operating,

, legislature.


opemtirig in the colonies, have caused us inuch anxious reflection. ‘ in this province NEW
endeavours are making by men who aim at being leaders of popular opinion, to instil into BRUI\‘S\\’lCK.
the public mind, that we hold our places in the Council for purposes of private interest in
the uni ofinfluence and patronage, and that we combine in our persons powers legislzitive,
executive, mid judicial, in :1 mariner altogether unconstitutional. . I ,

We are not disposed to shrink from any duties winch it has been the pleasure of our
Sovereign to call upon us to discharge, liutwo cannot forget that our first duties are those of
judges, and that it must be our care to oiciintzun, without ginydisparagement, that consideri-
tion and respect in the eyes of the country winch the yudicizil cliamcter demands, and which
we can confidently state the judges in this province have hitherto possessed. In this view
of the subject, we feel that we ought not, in the present state of this queslion. to continue in
our places in the Council, unlessit should he the pleasure of his Majesty’s govcriiiiient,
expressed under the circunistmiccs which now exist, that we should do .80; mid even as it
respects your Lordsliip, we feel that we ought to. prevent any possible cinbamissment
which might arise from our being in actual posscssioii of those places, mid any possible

. suspipion which our reiiiniiiiiig silent might excite, that we liud any personal reluctance to
uit t icui.

Without going into liirtlier dotziil, we will tlicrei’oi’e rely upon your Lordship’s goodness

. dilly to appreciate the motives which induce us, after full deliberation, humbly to tender, as
we do now do, our resiguzition of the seats ivliicli we respectively hold in his Mnjcst ‘5
Council in this province, zit the same time dutifully suliuiittiiig ourselves to ivlizitcvcr iiiuy be
his Maiesty’s pleasure on this subject. . ‘ ‘

We have ilelbrred iiizilciiig this communication until the present session of the General
Assenibly is on the point ofclosing, in order that no procemliiigs of ours might create any
diflicully in carrying on the lerrislzilive business, and there will be uniple time for making
aiiy an-angeiiients which yourvitordsliip may think proper before aiiotlier meeting of the

We have,

To Viscount Goderich, (signed) W 1J’0L;fl77′-(1.
&c. &c. Sm, }Vm-I1 (./iipman. , –

Enclosure 2, in No. 6. _ I . EM}; ,_., in Nab.

To the Hon. William Bohgfard and the Hon. Ward C}u’;nnan, Judges of the Supreme *
l Conn, New Brmz.5wi’rk. – ‘ _

G°“”?m¢“:‘ ‘ Downing-street, ‘.16 May 1831.
IA)! directed -by Viscount Godericli to acknowledge the receipt of your letter of the
jdoth March lust, tendering the resignritioii ofyour seats as members ofiiis Ma_ie5ty’sCouncil
iii Ifcw Brunsivick. Lord Goderich hitsreceived this coniinunication with much satisfnctioii,
as it contains the strongest proof of your anxiety to give up will personal considerations,
w_hen the publicinterests may seem to require zi sacrifice at your hands. His Lordship is
alive to the rrropriet of the motives which have led you to tender your resirviintioii as members
oftlie Council, rind ie.may, perhaps, finditexpedieiit to nvail himselfofliie ofi‘er_thus volun- ,
(only made. hie wislics, howevci~, previousl to consult with those whose dut it will”
become to obtain an nccumtc insiglit into tile real feeluigs ofthe province on ulimatters,
connected i_rith its internal overnment; and especially is it important that he should learn
from those in riutliority in t a province what menus iiiny be available of supplying your –
placesct the Council, should it be found expedient to l”Cil(!\’C you from your present attend-
:mce,nt that Board. – i t —
Lord Godei-icli _clirect_s inc ,to add, that until u further communication shall be made to
you: his Lordship is desirousthat you‘_sliould continue, as hitherto, in the discharge of your
duty. 1lI_ei1§0r_r: so, asvlho absence of the Lieutenant-governor causes a greater weight of
resp onsibility to fall on the mcinbers ol’Couiicil. . . i ‘ I
‘ ‘ _ ‘ . ‘ ‘ Ihn_ve,’&c.’ ‘ ._
(signed) i R. W.-H_a_y‘. ‘

H r- (No.59 _ ..—° ‘ _. ; ‘1’.N°~7~l

COPY of a,DESPATCH from Licutenanogovernor Sir A. CanijibeIl,,Bo.rt. G.(J.B. E – 3 .

. f ‘ ‘ u ” ,l0Vi5C0untGoderi5_7t; ‘_’~ = ‘ ‘ ‘- I .-. ” *

, :My140;n1;. ‘ » -« y 1n;egieiictpii,;i9’o’c:obér1331]“

Tifooiz Lo_i~dship_s ‘desputcli of, the 26th May, reluti to the resi’gu:itionIofI ‘,
their scans in Coun_cil_of Ivlessrs. Borsford and We;-d.‘(Ilupuian, hasbeen under ‘-

. my_s§rio_us_ considerooon since my ‘_zn’rival_ here ,~._gnd§ although Ihzive as yet had
burlittlo time or opportumtyifor informing 1,;nyse1_f’.of;tb‘e’ine:ins_ th Province .. ‘
‘mil!’ P935955 Of ‘l_iere_af_ter replacing, these gentlemen efficiently t‘ h’ Council. _

‘ ‘ I’ ‘ i “ T013‘, ~ ~ ‘ ‘ .I_3ourd,

.5,-9. ..



Board, I think it proper, in the nieantiinc, to inform your Lordship, that

1 should much regret to be. deprived of the services of two such able councillors
until I have had the experience of at least 12 months to guide my judgment on
21 point of such importance to the government of the Prmince. _ ,

Isliall not fail to bear in mind your Lordship’s wishes and instructions on
this subject, in bringing to your Lordship‘s notice the names of one or two can-

didates for the Council, whenever I am, from personal observation, enabled to‘

Inake suitable selections for that high and most important office.

I iiave, &c.

(signed) .»11-c/zibald Cumplaull.

V —- No._8. ——~
(No. 2.) _ l
Com‘ of a DESPATCH from Lieutc-nant-governor Sir A. Calnpbcll, Bart. G.C.B.
to Viscount Gorlcriclz.

Fredericton, New Brunswick,

My Lord. 16 January 1832..

IN conse uencc of the very loner )El5Sfl””(.‘. of the November )acl<et, ‘our’ fl .. o l n l 3 Lordship’.s despateh (No. 10) of the ‘.7..’)tli October last, did not reach me until yesterday. ‘ .In my-dcspatch (No. . of 1831, I had the honour of submitting to your Lordship my reasons for wishing todcfer for a time recommending any new can- didates for His Maj:-.sty’s Council, to replace Judges Botsford and Ward Chipman; 1 . and as two gentlenuzn had been recommended by Mr. Black to fill” up the ‘exist- ing vacancies, I was led to consider thu.t such delay would be productive rather of benefit than of inconvenience to the public service. ‘But your Lordsliip’s dcspatch, now under reply, renders it expedient that I should at once transmit a few names, which are, in my opinion, likely to be creditable and useful addi- tions to the present list-of councillors. . ‘ ‘ The subject is, however, one of too deep and vital import to the best interests of the Province, as well as to the due and most necessary maintenance of His Majesty‘s authority and prerogatives, to be dismissed without some observations, which my own short experience, aided by much careful investigation into the state of provincial politics and partiq-s, have already forcibly impressed upon my rmiiul; andl shall, therefore, with the utmost deference to your Lo:-dship’s judgment, submit my statements in that spirit of eandour and sincerity ivhieii I am sure will best become me in the zealous and faithful discharge of the duties of my situation. , ; ‘ It cannot be doubted, my Lord, and it therefore ought not to be concealed, that there is a growing tendency in the House of -Assembly of this Province, to ‘ acquire such an asceudanc_\-‘ in the administration of the government as would, if successful, infaliihly destroy that proper balance between the Executive. and Legislative branches, without which there is neither safety for the-wisest and most beneficial institutions of the country, nor respect for the only solid princi- ples upongwliich the gradual expansion of the resources of the land, and the permanent wclfzwc of the people, can be promoted and insured; The inhabitants , of New Brunswick are,‘ ingenernl, enthusiastically loyal, and \va.rmly attached , to thc _Gorernn1ent.under which they live”; but itj is not less certain that there is growing up among their representatives a strong and influential party, deeply tinged with speculative opinions, wliieli, -if not restrained by the wisdom of an firm and independent. Council, are calculated to irritate and work, upon the pulilieniind, and to lend to much and serious future mischief. ‘I impute no bad ‘- or factions motives to the party here alluded to, but however honest their inten-‘ ‘ tions, while -I‘ see that ‘many‘of their favourite measures areof anature to . infringe upon the just andconservatire influence of the Crown, I must be alive to the necessity of providing a” sutl‘ieient:and constitutional‘ barrier against’‘‘ eneroaclnncnts, which, independent of allcolonial considerations, would bring 1:-W”i with them a train of evils tothe Province. ‘ xvaylneligible for the situation; NOVA SCOTIA, NEW BRUNSWICK, &c. 47 It is in this view of the subject. that I attach the highest importance to the -composition of His Majesty’s Council, which should always be so constituted as to interpose eflicieutly between the representatives of the people and the autho- rities of the Crown, so as to form a wholesome check on innovations, and to overrule unwise legislation, without bringing the Executive into collision with the Lower House. It is for these reasons most desirable that all new members of the Council should he possessed, not only of sound principles, but of minds” ‘sufficientlyenlightened and enlarged to perceive that the future prosperity of the Province mainly depends on the existeiico of such an intermediate body as will fearlessly do its duty on the broad principle of national utility, unswayerl by any narrow considerations of mere local or party interest, and which by -consistent loyalty and patriotism in all its acts will give‘ a proper tone to the feelings of a young society, from situation peculiarly expcsetl to the corrupting influence of pernicious doctrines and opinions.. ‘ . ‘ ~ Men thus qualified for office from their property and attainments are, as your Lordship is aware, unfortunately not at present numerous in the Province. The two great classes of the community from which we must of necessity fill up the_ vacancies are lawyers and merclumts, and I think it is but fair that a propor- careful, for reasons which your,Lordship will readily imagine, not to five them too much weiglitvand influence at the Council Board. I quite enter into the spirit of your Lordship’s instructions, now conveyed to me, relative to the extension of the representation to difierent parts of the Province ‘; and although I have not yet seen Mr. Allanshuw,I am inclined to think, from all I have heard. of him, that he is a very proper person to receive one of the appointments. Acting on the above principle,_I would next bring to your Lordship’s fuvonr— ‘able notice the name of Joseph Cunard, esq., of Miramichi,-one of the most‘ wealtliy and influential merchants in the Province, and who i’s_in_every respect, both asto education and sterling ,loyalty of character, very deserving of this__ Mr. Simonds,-now in . mark of approbation from His >Majesty‘s Govcrinnent.
‘Council, although formerly member for Northumberland, and engaged for some
time in mercantile pursuits in that country, is otherwise quite unconnected with
it, he and nearly “all his family now residing at St. John.

To replace thejudges in the Council (should your Lordship deem it advisable
to accept the tender mode by them of their seats), I would beg tosubmit the
names of John Siincoe Saunders and Herbert Corncwall, esqrs.; the former is
tlieonly son of the venerable the chief justice, whose whole life has been spent

-in devoted loyalty to his Sovereign. His son was educated to the bar in Eng-‘

land, and is a. gentleman ofrery considerable talents and attainments. Mr.
Cornewall, ‘Comptroller of His Mujesty’s Customs at St. John, is the son of the
late Bishop of Worcester; he is a gentleman possessed of great information,
and withthc arlrantoge of a most liberal education cannot fail to proves. very
useful and ‘efficient n1cniher.of the Boardw ‘

I have already experienced some inconvenience from the want of a suflicient

-number of members at head-quarters to enable me, on an emergency, to form
a council; ‘and €15‘-tll(%‘_BlSl]0]1.of-NOVH Scotia cau”only-be considered-as an‘

Nsxv” ‘

. tion of the latter class should be selected; but we must still, I conceive,‘ be very ~ “

honorary me’mber,’I‘ should ventureto suggest that an etiicient one be appointed 1 ‘

in his rooni,‘lea’ving his Lordship‘s name of ‘ course upon..the ;list,’with~the pri-‘
vilege of ‘ taking his seat as often as he may visit: this part of his diocese. ‘ For
this purpose, I beg to_be‘p’e1’mittedxto submit at fifth name to your Lordship,
-that of Major W. Robinson, of the 151~itisl1-army, unattached; he is’ the son:of
the late respectable member of_ Council of that name,,and agentleman every
he is ainative ‘of the Province, and now settled

near this place.

V ‘ ‘1 annex a -list of the present‘Council,’with the places of residence of Iyther

different members, in order that your Lordship may be enabled” to judge of ‘the’
difiiculty above adverted to;‘_ r ‘ – ‘ » ~:’ ‘ .~ ~.

, Ili’ay‘e,&c,’n’‘ 3 V.
‘ (s’igned)’::j {If-)‘¢3‘]l§:’_C'(_1?):l}i[I’2”, “l, ,
_. _’I_.ieutenant-governor

,_: ¢_4;,. 5



linclosurc in
No. S.


Enclosure in No. 8.

L151‘ of His i\’lajest_\”s Council in the l’rovin_ce of New Brunswick, with the Places of
Residence of the different. iilenibcrs.
16 January 1832.

The Hon. John Saunders, iresidcnt – — ~ ~ ~ — Fredericton.
The llon. Lord Bishop oi‘ .L’o\’a Scotia, visiting this part ofthc diocese
only_ouce in every three or four years – -— ~ – – _ – Halifax.

The Hon. Judge Bliss ‘csitliiig nbnutlo miles from – – – Fredericton.
The llon. W’illiam Bl: l.’,:iI.S(.’.lol1n, :10 miles froin – – — Fredericton.
The lion. George Shore — — – – – – – – Fredericton.
The Hon. Thoinas 13ailIic(absenI in Englniul) – — – – – Fredericton.
The lion. Judge Botsford – — – – — ~ – – Westmorclandi
The Hon. .lud The ].lon.’l’l. ‘cteis – – — – Gage Town, 36 miles front Fredericton.
Tlu: lion. F. P. llohinson — – — – – — – – Fredericton.
The Hon. Richard Siinonds – – – – – — – St. John.

(signed) .4. C.

-—- No. 9,-
(No. 36.)
Cory of a DESPATCH from Viscount Godcric/z to Lieutenant-governor Sir
A. Campbell, Bart. G.C.B. ~

‘ Sir, . Downing-street, 1 May 1832.

‘I navr. the honour to acknowledge the receipt of your letters, No. 5, of 19th
October 1831, and No. 2, of thevltith January 1832. ,

In that of October 19th, 1831 , you express an earliest desire not to be deprived
of the services of Judges Botsford and Chipinan in‘ the Council, until you may
have had the experience of at least twelve months to guide your judgment upon
a point of such importance to the government of the Province, and I collect
from your dcspatch, No. :2, of January 16th, 1832, that, after thelapse of four
months, you retain thesamc feeling upon that subject; under these circumstances
I do not wish to embarrass you by requiring that you should immediately accept
the tender which they have made of their seats in the Council, but referring to
what has passed of late years in some of the other North American Provinces
upon this subject, and knowing the rapidity’ with which opinions upon such
matters lay hold of the public mind in societies constituted as those Provinces
are, I am persuaded that you will feel the importance of bearing in mind the

‘ great advantage which is to be found in anticipating instead of follovnng a

powerful public impulse, particularly in cases when that impulse is directed
towards objects not in themselves unreasonable nor constitutionally incompatible
m’th the regular march of the King‘s Government; I readily admit that in the
earlier stages of colonial societies, such ahodyasthc Council of New Brunswick,
could not easily be composed in a manner consistent with its obvious functions,
unless it comprised individuals who upon general grounds might not be precisely
those whom it might ultimately be advisable to select. – The introduction, there-
fore, of the three puisnc judges, as well as the chief justice, may fairly have

. been deemed originally a matter of necessity; and itinay be thattlieitinie is

scarcely yctarrived-wlicn the practice couldrconvenicntly bechanged. I am

I willing, therefore, tovdcfer to your wishes and judgment, and to postpone for the
present: the practical application of my former instructions, contenting myself,

upon this occasion;’with pointing out to you the considerations whichsecm to

I one to dictatcthe nccessityof making in due time. the proposed alteration.
‘It would scarcely be necessary to add that my object in proposing that the
judges, with the exception of the chief justice, should no longcr’have seats in‘

‘ the Legislative Council,” was niy desire to add to tliewcight andinfluencc
possessed by that body by giving to ita character of greater independence, were .
‘ it not that in consequence of the observations which you have made upon this

subject my attention” has been attracted to the qiiestion of howfar it may be
practicable to adopt further measures calculated to produce the same effect.

It has hitherto, as I understand, hecirtlic custom that the Executive and
Legislative Councils, though distinct bodies, should consist of the some members.

, ” T0-

y be in the,Council of either Province. I ”

To this practice I think there are several objections, which incline me to believe
that it might with advantage be departed from; the circumstance of the same
gentlemen being members of. both Councils has a tendency, I think, to prevent
either from discharging with effect the duties which ought to” devolve upon it.
The Executive Council should, I think, consist of a small number of gentlemen,
including one or twoinfluential members of each branch of the Legislature, with
whom the Governor might confidentiallyconsult upon the executive business of
the government; the Legislative Council, on the other hand, should be more
numerous, and should ‘principally consist of gentlemen independent of, and
unconnected with, the ‘Executive Government, ‘and selected from the principal
inhabitants of the Province and those having the greatest stake in its welfare.
At present it appears to me that the Council is too numerous to be usefully
consulted by the Governor in,the administration of affairs, whilst it is not
sufiiciently so, and has too close a connexion with the executive government,
to enable it to possess the weight and authority which should belong to it as an
independent branch of the legislature; nor is this the only objection to the
present system, the rank of a councillor being naturally an object of ambition,

‘those gentlemen who by their conduct in.the Assembly are entitled to the

countenance and favour of the Government, are, by the very act by which it is
conferred upon them, withdrawn from thescene where they can be most useful.
For these ‘reasons it appears to me liighlydesirable that,the number of the
Legislative Council should be increased, and that its members should cease to
be necessarily members of the Executive or Privy Council, while at the same
time. you should be authorized to summon to ‘the latter one or two members
ofthc present Council, and of the Assembly, and those of the chief officers of the
Government whom’ you might think it right to include in it. I find, upon
inquiry, that there appears to be no legal obstacle to your being empowered by
an instrument under the Great Seal to carryinto effect tl1e proposed alteration,
and that by the records of this office there would seem tobe no law which
would prevent a member of the Assembly of New Brunswick from retaining
his seat in that house if called to give his advice to the Governor in the Executive.
I wish you therefore immediately to take into your most serious consideration


the suggestions which I have now thrown out, and to favour me with the result ,

of your deliberation, in order that before the next meeting of the Provincial
Parliament, I may determine whether such a change should be adopted. You
will have the goodness at the same time to communicate to me your opinionas
to the gentlemen who should he added to the present Council, or who should be
members of the two distinct Boards, should it be your opinion that these should
be constituted in the nuumcr I have described. To the names which you have
submitted to me, I have no objection to offer, except to that of Mr. Cornewall,
whom I should be unwillingto add to the Council, not on account of any personal
unfitness, but because I understand that he has merely an official connexion
with the colony, and because the situation which he fills is one to which some

unpopularity usually attaches, while it is also one which is of course felt by the ‘

inhabitants to retain its holder in’a state oidependence upon the Government»
Witlrrespect to Mr.-Cunard, that gentleman seems to possess every requisite
qualification, and to be well» calculated, from his character, his talents, and his

stake in the country. to give satisfaction to the public, and weight to the body of , ‘

whiclrhe would become amember; but at the same time‘, I thinlé-it is necessary

to observe that if the proposed alteration in the constitution of the Council ”
shouldtake place, I think that itwould be most desirable that he’should retain I

his seat in the“Asse1nbly and become a member of,the‘Executive Council,

‘ ‘ _VVitli’_1-espeot to tl1(*~l)ishOp’S seat, I confess that I quite agree with youyin
thinking that it is attended with no practical utility, and may become ultimately

an object of jealousy‘ and animadversion ; although, therefore, Iain not prepared

at present to give you any-definitive‘ instructions respecting it, I shall bear the ‘

subject in mind, with avview to so1ne.ehange,’wheneverI feel myself in possession
of sufficientj information to ‘be’. able to take into’consideration,’ with a. view to
some practical measure, province of New.Brunswielr : .I am bound to add, that if n. vacancywere to occur
in the see of Nova Scotia, I should not recommend th’at;tlie’newbishop should
i , .1 have, &c.j _ I .
. ‘ -. _ 3 ‘ ‘_'(signed)3 j Gotlericlt. *
.’579- U .’ ‘ = H


No. 10.


-——- No. l0. -—-
(No. 41,) ,
Com’ of a DESPATCI-l from Lieutenant-trovcruor Sir A. Campbell, Bart. G.C.B.

to Viscount Garlwiélz.

My Lord, , Fredericton, N.B,, 20 July 1332.

I HAVE the honour to acknowledge the receipt of your Lordship’s despatch
of the lst May last, No. 36.‘ Ihare taken into my most serious consideration
the ‘various important subjects therein communicated, and shall respectfully
offer a few brief observations resulting therefrom. ‘ .

In the first place, I have the satisfaction to state that I have never, either
directly or indirectly, had any remark or complaint made to me as to the judges
having seats in Council. Perhaps this may have ttrisen more from the high
feeling of respect entertained throughout the Province for the distinguished
inrlivirlntds at present holding those ‘appointments, than from approbation of
the system itself ; this is so far satisfactory as to the -past, and I beg to tliauk
your Lordship for your kind indulgence in allowing me to have the benefit of
‘th ‘counsel and experience so long. Coinciding fnllyas I do in your Lord-
ship’s opinion, that great advantage‘ is to be found in anticipating, instead of
following, a powerful public opinion, which, as l have already” observed, does
not yet manifest itself in this Province, but might, at the instigation of a few
dmnagogues, burst forth when least expected, however much I lfl«’1,’y’ regret
the J‘(‘lTl0\’ill. of the judges from the Council, I shall not urge one word more
upon that subject. _ ‘ 7

Under circumstances d.ifl’ei-ent fronrrthose I am. about to submit to your

‘ Lordship, the removal of the judges from the Council might be seriously felt,
inasmuch as there would be no persons left competent to protect the judiciary
‘ .tem and other legal institutions of the Province from innovation, and from.

those fanciful’ changes which have been often suggested ‘by members of ‘the
House of Assembly; but in the list of names I have‘to transmit for your Lord-
ship‘s approval to the Council will be found those of two eminent lzmyers, viz.
Messrs. John Saunders and G. F. Street,’ natives of this province, but educated
at the British bar; gentlemen,1 feel confident, fully qualified both by prin-
ciple and talent, to secure to that body all the legal advice it may require in
the protection of the prerogatives of the Crown and the institutions of the
Country. ” ,

Although the constitutional practice of the legislature of this Province in its
difi‘erent branches has hitherto worked well, the change contemplated by your
Lordship in the diiisiou of the Executive and Legislative.CounciIs, must, and
I make no doubt will, be received as a most satisfactory improvement. As your
Lm-dship justly observes, the inconsistency of the some members forming the
Privy and Legislative Councils as a body, is an anomaly that never ought to
have existed, an(l the sooner that it is abolished the better. –

In the adoption of this change I would most respectfully recommend, in the

first instance (to save expense), that the Legislative Council should be kept at ~

its present strength, or‘ 12 effective members; an ample proportion, it may be
presumed, to the existing members of the Lower House, viz. :28, including the
Speaker. This branch must soon increase by tliefurtlxer division of counties;

as settlement and population extend, so may the other in progressive‘ ratio. , .

Hitherto the proceedings of the Legislative Council have been carried on with
closed doors; I beg to be favoured with your Lordship’s commands relative to
the future continuance of this custom. . ‘ 3 l ‘ ‘V . Z .

‘ : The Executive Council I would propose “to consist of five, with a provision

. that three should form :1 quorum; the members to be selected from persons
residingat orjin the immediate vicinity of the._seat of government. The nomi— –

noting of gentlemen to this Council from distant ports of the country would
not only be attended jwitli n.\uch inconvenience, expense, and loss of valuable
time to the iudividualstheinselves, but from the length ofI‘time_._t.li1xt.woul—“3″‘-‘
(No.43). .. ..

.Co1>_ir of u‘DESPATCH ifrom Lieutenant-gorernoru: Sir’A.‘C’a:2z}2_o’ell, Bait. C13.

to’Viscount Gvorleric/1. _ _ . _
p ‘ w , Fredericton, N.”B.,’24V ‘Ju.lyg183’2.”

lVIyILord, – ,
WITH reference no my despatch of the 20th instant, No..‘4l ,1 I- find ‘it. neces-

-.’ sary to “offer a brief’ explanation of the motivesiby ivhichl was guide’d’.‘in the ‘_
selection of—memhers»for_the E.\:ecutive_ Council (List,,No. 1),’.tliereiu.trans— _

h . [1, could‘ ‘

mi,ttedfor‘opprovaL’ . ‘j p . ._ V p . ,.

‘NEW –

I-Zncls. in |\”0.y10.

=No.’ ’11..

BllC.VS\\’IC Ix’.

No. 12.
X0. 15.

I could not select persons, competent in my opinion to become councillors,
residing at or in the immediate vicinity of the seat of government who are not
already members of the Legislative Council; and I also feel desirous to have at
least the experience of one session to enable me to judge how that body will
work on the removal of the puisnc judges (should that measure be at once
determined on) :.if satisfactorily and well, then a more complete separation of
Councils can safely take place.
‘ I have, &c.

(signed) Arch. Cmnplzcll.

-— No. 12. ——
(No. 5!.)
Com‘ of a DESP.v\TCI—I from Lieutennnt¢govcrnor Sir A. C(lII11)b€Z], Bart. G.C. B.
to Viscount Godcric/2.

My Lord, I Fredericton, N. 13., 29 August 1832.

WITH reference to my despatch of the 20th July 1832 (No. 4l),Ibeg now to
state that I have had a communication from Mr. Crane, ofwestmorland, respect-
fully declining a seat in the Legislative Council, for which I recommended him,
preferring to remain in his present situation as Speaker of the House of

Should the arrangements already proposed be eonfir1ne<l,I shall take an early
opportunity of submitting the name of some other respectable person for the
Council in room of Mr. Crane. Here I cannot help again expressing my hope
that a small Executive Council, as proposed by your Lordship, will supersede
the present systein of referring confidential matters to so large a body as
compose the Council as now constituted.

I have, &c.
(signed) Arc/1. Cu-mpbell,
. Lieut.-governor.

(N0. 5(1) —–No. I3.——

Corr of a DESI’.-\’l‘Cl-I from Viscount (r’o(lcrz’c/L to” Licntenant—governor ,

Sir A. Campbell, Bart. o.c.13.

Sir Downing-street, 25 September” 1832.

I rmviz the honour to acknowledge the receipt of your despatcli of the
20th July last, No.4}, in which you state your opinion that the change can-
templated by me in the constitution of the Profince of New Brunswick, by the
separation of the Executive from the Legislative Councils, -‘will be received as
a satisfactory iinprovcment, and that the anomaly of the same members form-
ing the ‘Privy and Legislative Councils as a body ought no longer to be
continued. ‘ V ‘ .

‘ You also inform me that you conceive that the judges may now retire

‘from the Council withoutinconvenience to‘thc’public service; and although

no complaint has hitherto been made on the subject of‘ the judges having seats
in Council, you conceive that this may probably be attributed more to the high
feeling of respect which is entertained throughout the Province for tl1e’dis-
tinguished in<lin’dnals at present holding those appointmcnts,’than from appro- bation of the system itself. g » ‘ I concur entirely in the sentiments which you have expressed with regard to the able and impartial manner in which the judges have uniformly executed the important duties which have been. required of them as executive and legislative councillors; but, at the same time, Icannot hesitate in advising His Majesty to accept their resignations after tliedecide(l_opinion which has been expressed by Parliament on the subject in the case of ‘ the .Canadian’Pro- yinces, and in the propriety of which I entirely concur. The chief justice «rill, tliercforc, in future be the only judge retaining a seatin the Executive and.Legislati\’e Councils. You will, liowever, communicate to thejudges,’ that ll’. is His .\lajesty‘s pleasure that they retain the rank and privileges of members of Council; and in opening the next Session of the Provincial ‘Legislature, you ‘>


will avail yourself of the opportunity of publicly expressing to them His
Majesty‘s thanks and approbation of their past services. , ‘

The custom you state to have hitherto prevailed of the proceedings of the
Legislative Council being carried on with closed doors, is liable, Itliink, to
considerable objection and misconstruction, and it seems to me highly desirable
that in future the ordinary deliberations of this branch of the legislature should
‘be open to the public. I wish you, therefore, privately to suggest to the
members the propriety of making such a change, which, of course, can only
be effected by the authority of the Council itself. Under what regulations
this privilege is to be granted, and onwhat occasions it may be proper to sus‘-

‘ pend its exercise, uill also be questions for their consideration.

-His Majesty has been pleased to approve of the gentlemen recommended
by you as members of the Executive and Legislative Councils, with the excep-
tion of Mr. Street, whose appointment to the Legislative Council I should
rather wish to be deferred for the present, as Mr. Odell would otherwise be the
only e.\’ecutive councillor not in the Legislative Council. Ithink this would

harcllylbe sufficient to mark the distinction of the two bodies, and would make ‘

the one appear too much like a committee of the other. . ,
The separation of the two Councils, and the retirement of the judges, is

perhaps a sufficient innovation at once, and I therefore acquiesce in -the pro-

priety of not attempting atpresent to ‘establish a closer connexion between

the Executive Government ‘and the Assembly, as originally proposed; 1, how-
– ever, still entertain the opinion that this is an object which should not be

lost sight of, and which it will be very desirable hereafter to accomplish. In
order to effect this, it is desirable that the public should be led to regard (as in
England) the obtaining a seat in the Privy Council as an honour not incom-
patible with any other situation,4or as disqualifying the holder from sitting

likewise in the Assembly. The best mode, probably,‘ of trying the experiment ,,

of uniting in one person the two characters, would be to endeavour to procure
the election of an. executive councillor as a member of the Assembly, instead

of naming a person already in the Assembly _to.the Council. .With.this view, ‘

I think it would be advisable to take an- early opportunity of introducing into
the Executive Council some gentleman possessing such an interest in some
part of the Province as is likely to lead to his being chosen one of the repre—
sentativcs. I trust that I shall be enabled to transmit to you by the next
packet the necessary authority, under His Majesty’s sign manual, for carrying
the proposed arrangement into effect. ‘
. I have, &c. V
(signed) GozIcrz’c/l.

»(No. 58.) ‘—No’ 14″” ..

Cory of a DESPATCH from Lieutenant-governor SirA. Campbell, B£tl‘l’..’‘G.C.B.
, to Viscount Godcriclz. V _ , , .
My LONL Fretlericton, N. l3., 18 November 1832.‘
I HAVE the honour to acknowledge the receipt of your Lordship’s despatch of
the 25th September (No.j56), by which I find that in the contemplated changes

in the formation of the Council of New Brunwick, tliepuisne judges are no,”

longer to hold their seats in the Legislative Council.

. In my (lespatchof the 29th August last (No. 51), I had the honour of ‘com~*v _
inunicating to your ,Lordship_’ that Mr. Crane, the Speaker of _the House of i
‘Assembly,-.lrad‘respectfully declined acceptingof a seat in the‘ Legislative»
‘ I now beg to recommend for that vacancy A. G.’Bot_sford, esq.; the .
‘ eldest’so11.ofj Judge Botsford, he. is‘ aicounti*y3gentleman, and one ofthelxnost‘


zealousfofiicers inthe milit-iaj of New Bru_nswick,_’ in ‘which he holds ‘the rank of ‘_

– -Lieutenant-colonel,‘ and he is ‘reported tome in every respect well ‘qualified to

fill the situation for which he ‘is now rccornmended; it; would also prove very
gratifying and complimentary to the feelings of the worthy judge’fto’b’e succeeded

woul<l_be‘ no less acceptable to the wlio e co’uuty‘of Westniorlandh
I 5» ~ ‘ ‘7 ” ‘ E. i”-I‘ha’ve,‘&c. ‘

V _ ‘ V. ‘ .‘\‘(signed)f.i 7’*cIz.’Cc1npI1eIl,-I.1eu_. overnorl
.579. ‘ __.:’.”V3: _ ._ _. p p

Bill] NS\VICK.

No. I 4.

. by one‘, of his family,‘ and Ilhave ever reason to’b‘eliev‘e that suclra measure’ i ”

Encl. nin No.15.

‘ any further instructions to be


(Na 64.) —— No. l.-7. -—-
Corr of a DESI’A.’I‘Cl~l from Viscount Gozlericfi to Licutenant-governor
Sir /1. Cum):/Jul], Bart. c.c.u.

Six‘, D0\\’nll V street, 7 December 1832. i

I nave the honour to transmit to you His M _ ty’s commission, under the
Great Seal, establishing‘ two distinct Councils for thc l’rovince of New Bruns-
wick. I also enclose an additional instruction, under the Royal Sign hlauual,
appointing; the inembers of tlic Ex<-cutivc Council. ‘l‘he chief justices of Upper and Lower Canada having resigned their seats in the Executive Councils of those Provinces, in deference to the opinion, which had been expressed by the House of Commons as to the impropriety of the chief justice holding a seat in the Executive Council, and as I entirely concur in the recommenda- tion of the Canada Committee on this subject, you will at once perceive that it was impossible for me to include the name of the chief justice as an execu- tive councillor for New Brunswick; Ihave, the_refore, submitted the name of Mr. John Simcoe Saunders to His Majesty to fill the vacancy occasioned by the omission of the chiefjnstice in the list of the Executive Council. I have, &c. (signed) Godericll. Enclosure 1, in No. 15. CO2\Ir\llSSlOl\’. Wn.Lx.\.u Il., Our Will and Pleasure is, that you prepare a Bill for Our Royal Sirvnature, to pass Our Great Seal of Our United kingdom of Great Britain and lrclanzl, in the Words, or to the effect following: W1 x.Lu\.u the Fourth, by the Grace ofGod of the United Kingdom of Great Britain and Ireland Ki L‘, Defender of the Faith, to Our right trusty and well-beloved Matthew Lord Aylmer, K.C. of the most honorimble military Order of the Bath, Lieutenant-general of Our Forces, greeting. \Vhcrcas, by letters patent, hearing date at Westminster, on the 6th .day cl” J uly max, in the second year of Our reign, We did constitute and appoint you to be Our Captain-general and Gore: or-in-Chief in and over Our province of New runs- wick, and did by Our said comm” ion give, grant, and commit to you certain powers and authorities, to be by you exercised in manner therein mentioned, with the advice and con- sent of Our Council of Our said province, as by reference to the said letters patent will more fully and at large appear: And whereas we have deemed it expedient that there should hence- fonvarcl be two distinct councils in Our said province, for the purposes hereinafter mentioned : 2\’ow, tllcrcforc, know ye, that We cfOur es iccial gmce, certain knowledge, and men: motion, have lliou_;l1tpropcr to grant, provide, and ccl-are, and do hereby grant, provide,aud declare, that there shall licm.-cl‘or\var(l be within our said province of New lirunsu-ick, two distinct and separate councils, to be respectively called the Legislative Council and the Executive Councilof Our said province; and we do hereby further dircctund declare Our pleasure to be, that all and every the powexs and authorities in the ion 4 patent nfomsahl contained, and thereby con- ferred on_uml vcslcd in Our Council therein mentioned, so far as rcspcclsthe enactment of any laws to he made within Our said province, shall henceforth be and the some are hereby vested in the said Lerrislntivc Council, and that all other powers and authorities whatsoever in the letters patent a orcsaid contained, and thereby conferred on and vested in Our Council therein mentioned, shall licnccforthbc and the some are hereby vested in the said Execu- tive Council. And We do further dirccl. and declare Our pleasure to be, that all and every the provisions, clauses, matters, and thingsrin the said letters patent contained, or which are or shall be contained in the general or other instructions therein referred to, withrcfcrcnce to the constitution of the Council therein mentioned, and to the number of the members thereof. and to the nomination, appointment, suspension or -removal of. such members, _ shall be and the snmc:u’e hereby Iuudcupplicalilc to the said Legislative Council, as fully as ii” the same and cvcry of them were here repealed. And We do further declare that the said Executive Council shall consist of five members and no more, and that three of such mem- ;;bcrs shall constitute and be a-quorum ol’OIu’ said Executive Council, and that such persons ,”5lI‘-«ll be the Members of the said Executive Council as are for tlnit-purpose nominated and oppoiined by-thc additional instructions under our sxgnet and sign manual accompan mg these presents, and bearing even dale liercwitli,-‘ or shall be so nominated and appointe by l;yoUs for that purpose addressed to you under Our signal and signmanual, or in Our Privy uncil, or through one ol’ Our principal Secretaries of State. . And we do furllicr direct and require that every member of Om. sand Executive Council of . – Our snid Province shall take and subscribe such and the same oaths, and make all such ‘and the some declarations (to he by you for that purpose administered); as by the said ‘ recited letters patent are required to be taken or-made by the members of Our Cpuucil , . ‘ . ; ‘ tiercin. l tn’ NCVA SCOTlA, NEW BRUNSWICK, &c. – 55 . therein mentioned. And VVc’do hereby riutlicrize you, subject, nevertliclesspto the rules ‘ mid regulations in that bclinlfconliiiiied in the instructions aforesaid, to suspend nny meni- ber of the said Executive Council from his plaice therein, until Our leiisure shrill be lmoivn; and We do hereby declare that the respective Members ofthe xccutive Council shall respectively hold their places therein (luring Our lcasure. – In witness, &c., witness, &c., nnil for so doing this s all be yourxvnrrant. Given at Our Court (H. St. Jaimcs’s, this 20th day of Noveml>er’103‘.’, in the third year

of Our reign. ‘ – , 1 I :
By His Majesty’s commund,

(signed) G».-Ia}-is/i.

Enclosure 2, in No. 15.

\\’ii.uA.\i R. :

AN l\(l(lll.lOl\l1l Instruction to Our Right Trusty and \Vcll-beloved JIM!/iew Lord Ag/Znier,
K. C. n., Lieiilciiaiit-gencml of Our Forces, Oiir Criptaimgciieral and Govcriior-in—Chief
in and over Our Province of 1\’cwi731-iiizsicicl: in America, or in his absence to Oiir
Lieiitenaiit-gorcriior or 0ifiCel‘ncll1ill‘llStel‘llIg the Goveriiiireiit of Our snid Province for
the time being‘. Given nt Our Coiirt zit St. Janic.’s’s this ad Llny of December 1832, in
the Tliiril ycxir of Our licign.

\Viir.nia.\s by Our Commission under‘ the Greait Senlof Our United Kingdom of Great
‘l}i’itaiii Ollllilfelalld. bearing even date herewitli, We did grant, 1n’o\’idc, rind declare that
there slioiild lienceforwnrilbe within Our sniil province of New: Brunswick two distinct mid
i=i-,piii’n(v.- councils, to be l‘0SpEcll\’el. called the Legislative Council and the Executive Council
of Our sniil pioyiuce: and We di further declare tliiit thc snid Executive Council should
consist of five ineinbers and no more, and that such persons should be the members of Our
said Ereciitive Council as should be for that purpose nominated and zippointedby the aildi- _
tioniil instructions under Our signet and sign manual uccomprinyin Our snid commission:
Now know yc, that We. rcposing especial tmst nnd confidence in t ie loynlt , integrit , nod
nbility oi’ Our trusty and ivcll-beloved Thomas Ilaillic,’I”rcderie 1′. Re inson, V illinm
Fmnklin Odell, George F. Street, nnd John Simcoe Saunders, esqi1ires,do hereby constitute
(ind appoint tliizin the said Thomas Baillie, Frederic P. Robinsori,,Willixim Franklin Odell,


Encl. 2, in No. _i5.

George F..Street, iind John Sinicoc Saunders-to be the members of Our snid Executive. ‘

Council, ‘.iiid.’i.’o hereby cmpower you to.summon-tliém to Our snid Council accordingly.
And We do further. tlcclnre Our Will and pleasure that in your absence, or in thc nbsenceof
Our Lieutcnaiit-govemoi~ of Our snid province, or the officer zidrninistering the government
for the time being, the member of Our snid Coiuieil whose name shall be First plixecd on.tlic
list shall preside in Our said Council. ‘

(No_ S.) ———.i\’o. 16.?-

Corv of ii’DESPA’I‘CH from Lieutenant-governor Sir /1. Campbell, iBa.i-t. G.C.B.V
:‘ – i _ 4‘ to Viscount Go(le7;ich. :’ ,
‘My Lord, Fredericton, N. B., 12 February 1833.
BY the December mail, which arrived only 1! few days ngo,:I had the honour
to receive your Lorclship’s despatch of the ‘ith December last, transmitting

i’No. us.

His llllnji.-sty’s Commission under the Great Seal establishing two distinct Councils . i

for the Province of New‘ Brunswick ;‘ rind I have now to inform your Lordship

. that I have this day carried His Majesty’s commands into effect, in everyrespeet

us thereiniclirected.‘ It is rt measure that I feel confident will work‘ well for the
benefit of the Province, although in the establishment of this, as’ indeed any
new regulation”, many their own estimation of their claims and
merits) may feel tliemselvcs hurt” at their exclusionifrom’ one or_ot:her-“ct” the
Councils; ‘, ‘, ‘_

‘ ‘ * .I have, &c. i

H’ . (N6. 14′) , . 2 _ -—No. 17.1..” H 3:.“ ‘ ._ .v
‘Com: of e~DESPATCH from Lieut’exia.ut-governor SirA “Campbell; Bart.‘ u.c.;13L‘
‘ ” to Yiscount Godcrich. . V ‘ ‘ ” – I ‘ ‘ v

-i ;iViy_I4oril, I . . – ‘ -_ Ih‘edericton;i
_IN the concluding par-t‘of my desputch of the” ‘l2th ultimo,‘I observedto your.

Lordship itlintiin the establishment» of any new regiilati_oh’,’ sucl1″a’s-thut”ofthe

. .Coiineils‘the17ein_udverted to, many iiidividuiils; in .theirfo\r_n,es1i_niatioi_1_of »-tlieir‘
, claims and-~seifv1ces,; would,’ no – doubt ifeelf themselves ‘hurt atitheir exclusion –
579.» 1- » P‘ .. ~ » – .- 2 4 ~


Arch. C’am])bell.._ :. ‘

B., “4.-“1t’i:amii..i‘s3;f.,‘ ‘

“,fron1’: V‘

.’i:w ,
mlU‘\”l”C1″ front the one or the other of the Councils. Such has proved to he the case, and
out of that feeling has emanated the enclosed nrltlrcss.

The Coiiiiuissiou under the Grout Seal for the formation _of the two Councils,
was read in my preseiicc before the breaking up of the old one, comprelicnding
all that I could say on the subject; my reply, tlicrcfoie, to the accoinpanying ‘
addi-cizs was, that I had received no flll’tll(!1′ instructions. Some (lays afteiwvéirds
the. Council :i<l(li’essed inc fora copy of the instructions that came with the Royal Coiniiiission for the formation of the Excciitivc, which was imincrliately sent, as wellas one to the Lower l-louse on its applicutioii for the same. Some niemliers of the ol(l Council wish to make it appear that it was tlieiruntlotiliterl right to be appointed to the E.\'(!Cllti\'(‘.; and I am told, that notwithstanding my assuraiicc to tliein, that l should traiisniit their athlrcss by the first mail, they intend to forivartl to his i\Iajesty a separate application to the same purport. Iliope, liowcver, to he soon put in possession of, your Lordsliip‘s decision on the points in reference. I have’ &c_ (signed) Arch. Ctniipbcll. I-incl. i, in No. 17. linclosurc 1, in No. 17. Legislative Council Clianibei’, Montltiy, ‘ – 18 February 1833. ON iiioiinn at” Mr. Siiiiontls. » p ‘ Resolved, ‘l‘liat an liuuible address he ])l’L‘5(‘lll8(l to his Excellency thc Lietile_nant- goveriior. praying that he would be pleased to iuforni this House, whether any, and if tiny, wliai instrut-tioiisimvc been rcceivcil, relative to the rank respectively to beheld by members of the Legislative and Executive Councils of this Province, and especially as relates to the succession to the ailiiiinisimiion of the goveruniem, on the event ol”tlie deaili or absence otilie Lieuteiiiint~govei’noi’ for the time i)t‘il)g; for although this house entertain no doubt ‘ that the admin ion of the govcriimciit ivould in such case devolve upon the senior member oi” either 0 the said Councils, agreeably to the dates or their respective appoint- ments, _\‘L’X‘l.liG)’ deem it illdispenstlbly necessary, in order to prevent tliepossibiliiy of collision in,:i matter of so great iuiportuiice, that this question should be settled so as to preclude all doubt or (liil‘eretiuc otopinion, with as little (lclfly as possible. ‘ Ordered, Tlizu ;\lr. Peters and Mr. Simonds be a committee to present the same. ‘ (signed) William Twig Peters, Clerk. Enclosure 2 in No. 17. 5 > Message to the Legislative Council, 20 February i833.

THE Lieutenant-governor informs the Council, in answer to their atltlrcss of the 18th
itisiant, that he has not _|’eCt1iVC(l from his Majesty’s Governrnent any instructions relative
to the rank to be respectively held by Mcinbcrs of the Legislative and Executive Councils,
nor as relates to the succession to the adtiiinistrzition of the government, in the 8VElll.0r!l)€
death or a_bs:-rice oi the Lieuteiiant-governor. He will, however, transmit it copy of the
address of‘ the Council, by the‘ first mail, to Enorland, and will in the meantime take
measures lor ascertaininp, for the information anti guidance of his Majesty’: Executive

. . . . . . .
Council, in the event 0 such it contingency rtrisuig as staitcrl tn the address, what. orders
have been received, or what customs have obtained in other colonies similarly situated.
‘ ‘ (signed). A.C.

Eiicl. 2, in .\’.’i. 17.

— ‘ —— No. 18.-
,‘\°”‘s’ – (N0.13.) ; _ . _ .. _ .
COPY of a DESPATCH from Licutcnant—govcrnor Sir A. Caiiipbcll, Bart. G.C.B.
to Viscount Gadcricli.‘ . ‘ .
Frctlericton, New Brunswiclr,
My Lord, . : ‘ 11 March 1833. ;
BY the detention of the mail for some days beyond the usual tiineof depar-
ture, in consequence of ‘a severe snoivstorm, I am enabled to transmit to your i
Lordship some extracts fi’om the proceeclingsof the House of Assembly, by
which it will be seen that they have passed eight resolutions,’ in furtliernnce of
‘ their opposition to the Commissioner of ,Croivn‘Lun<ls, his depn.rtment,’the’
collection of the quit-rents, and the newly-constituted Executive Council, which,
with the annexed remarks, I lose no ti)JJ.8’infOl‘\V1Ir(1ing for your ‘Lordship’s

information. ,
I have,‘ &c.

(signed) Arch. Czmijibell. . p

Nova scorm, NEW BRUNSWICK, &c. 57

,’ NEW
Enclosure in No. 18. Em‘ l” N“ 38‘
EXTRACTS from thelournal of the House K _ ‘ _v I’

of Assembly of New Brimswiclc, ‘dated Lieutenant-Goveiriioi-‘s Remarks.

‘ 8th March 1833.

No. 5.–Resolved, &c., That the ma’ority
of,the present Executive Council-oil this
Province cannot have the confidence of the
country, inaamucli as the fiist named on
the list holds the oflice of Commissioner of
Crown Lands and Forests in this Province;
arrofiice of such great power and authorit
as renders it. incomputi le with the Vudmi-
nistration of the‘ government of the Province
to which such councillor would itumediiitely
succeed, in the event of the death or ab-
sence of the Lieutenant-governor; and that
the persons second and third named on the
said list, hold public situations in this Pro-
,vince, also inconsistent with the administra-
tion of the government; to which they mi lit
hereafter succeed. And’ it is thefurt er
o inion of this committee, that the com o-
sition of the said Executive Council is highly
unjust and unsatisfnctor , by the exclusion

therefrom of old and‘ nithful councillors,’

who were entitled, by the former constitu-
tionpto succeed to.the overntuent ol’_the
Province, prior to.anyo those placed on
the list of the Executive Council. ‘

v To which resolution an amendment was

moved. for striking out the words ” unjust.


and it was carried in the aflirtnative.

No. 6.-—Thc exclusion from the Executive
and Legislative Councils of certain persons,
who estimate their own pretensions and me-
rits at 9. hi ll rate, is, no doubt, the cause
of this reso ution. ~ ‘

I shall pass by the objection inside to the
first-named person, his Majesty’s Govern-
ment having been fully aware of the public
situation he holds, when he was placed first
on the list of the Executive Council.

The second person on the list is J. P. j,

Robinson, esq., zi gentleman of the country,
holding the aippointnient ‘of auditor of the
casual revenue accounts, on n sahiry ofgoo I.
per annum. .

The third named person is W. F. Odell,

,esq., else in native of _the_Province,’liolding
‘the situation of‘ provincial secretary,’on a

salary of c501. per annum, the amount of
commutation fees on the sale of land and

timber not being yet fixed by the Lords of .

his Majcsty’s Treasury.

On the highly disrespectful dud. perhaps.

unprecedented ‘language ofthe concluding

part of this resolution it would be pre-v

sum tuous in me to olfcrany remark;-but
lwi l here take the liberty of giving a proof

‘ of the inconsistency of the frauiers of these


They object to Messrs. Robinson and,
‘ Odell having seats inthe Executive Council,

from their holding public situations in the ‘Province which renders such their
appointments inconsistent with the udministrationpof the government; and
that the composition of the said Executive Council is highly HD5052 and tin-
_ satisfactory. by the exclusion therefrom oi the old and faithful councillors. ‘
‘ Of the old,council,’ four members are not in the newly-constituted Execu-‘
tive; viz. ist. Mr. Black, mayor of the city of St..John (90 miles distant-
, , ‘from the ‘seat of gove;_n;nent), wllnclt gpptliinttnent yields emolunients,.I-be-
iet-e, to I. lie amount 0 ram 500 . to co . per annum. , . V
~ The second- is Mr. Shoregholding the situation of ‘clerk of the Supreme
Court. giving him from 9001. to 1.0001. per annum, besides being _s<ljutant~ general ofvmilitin, on an annual salaryyof 751. _ . T The third. is Mr. Henry Peters, a country gentleman residing at Gage ‘£3’-tit‘), 36 ruilels from the seat of government, and holding no appointment 0 pay oryemo ument. , ‘ ‘ ‘ I y _ . 6 Tllie fourth ‘is I\:l_r.iRi.chnéd Sirplonds, provincial treasurer, on‘ a’sa1nry’ol’ .. ‘ oo {per nniiuin, iving nt t;Jo_n. 7 ‘ ” ‘ ‘, So that by_their_ wn ‘ of viewing the subject, «Mr. Peters, from holding no ‘ péiici2‘1ils_itu:tttit)‘n,’isftue only person-eligible for the Executive Councilpor .- ea mmisra ionpo egovernmentli ‘V j-_=’ ” ‘g’ . E Not onlyjiu thle in§jority,rhut’in Gtlie5composi§ion-of’:t_he’fvliole err thfi. – xecutive ounci ‘ ave every con dence ;and mu sure not they wi 3’ prove themselves w’orthyoF that ofthe countiy. -‘ F‘ ‘ .. ‘ a\’l:IW BRlINS\\’lCK. No. 19. lincl. in No.19. 58 CORRESPONDENCE RESPECTING THE GOVERNMENT OF — No. 19. —— (No. 28.) E.\”niAc’r of :1 DESPATCH from Lieutenant-governor Sir A. Campbell, Bart. ‘ c.c.13. to Viscount Godcricll, Fredericton, N.B., 9 April 1833. B\’ the last mail I hnd the honour to transmit to your Lordship soinelr-eso— ‘ lutions lmnded to me by the Legislative Asseinbly on their supposed grievances, upon which 1 made it few nmrginal remarks. Since then, they have presented me with :1 copy of their address to His Majesty on‘ the same subject, herewith enclosed. . ‘ Enclosure in No. I9. p EXTRACT froin tlicwinnnxzss ofihc House of Assembly of New Brunswick to His Majaty. Tm: House would also mosl humbly but urgenlly pray Your Majesty’s reconsideration oflhe constitution ol’tlIc Executive Council lately formed in the Province, by which three ofthe first-named persons on the list hold eiiuniions incompatible with ajusx execution of the duty of administering the government of the Province, in the event of the death or absence ol‘ the Lieutenant-govcmor,nnd at the same time old and l‘aicht’ul councillors, in whom the country have long had full conlitlance, have thus been deprived oi‘ succeeding . to the high and lionuitmble situation, to which, by the former Royal Commission and instructions, they were entitled. _ And Your Majesty may be well assured that your faith- ful Commons of New Brunswick would never have uttered the expression: of their feelin on this subject, did they not believe that Your Majesty could not have hecu ivell informed oflhe irne suite of things in this Province, and of the general dissatisfaction which this measure would occasion. . —— No. 20. — (No. 38.) — _ CO1-‘Y ofn DESPATCH from Lieut.-govemor SirA. Canipbell, Bart. G.C.B. 1 to the Right l-lonour-able E. G. Staulqa/. Sir,‘ p Fredericton, N.B., 26 May 1833. I HAVE now much satisfaction in reporting that experience confinns the advantages I anticipated from the measure adopted some months ago of dividing the Council into purely legislative and executivetones, instead of, as heretofore, the same individuals composing and performing. the duties of both situations. This measure cannot fail in its operation in being appreciated ‘as a boon to the I’ro\’ince, from‘ the facility it affords to the dispatch of all public business, and to me ns.Lieutenant«governor it is rnosbporticularly gratifving; . On the first promulgation of the measure alludedto, disappointed individuals . endeavoured torcndcr it unpopular, not in a public point of view, but in con- ‘ sequence of their own exclusion, all the members of the old Council considering themselves entitled, as a matter of. course, toibecomejmemhers of ,the_nenf Executive; zLnd,~again, by others who rleczned themselves overlooked in not being appointed to the Legislntive Council in room of the puisnc judges. ‘ ‘ ‘ . By Lord Goderich‘s despatch of the 1st May 1832 (No. 36), I found myself authorized to increase the number of: the members of the Legislative Council, then consisting‘ of 12. »I did not’at: that time..ovail,myself of his Lin-dsliip’s pennission, as I_’was desirous of trying how matters would proceed with the p H old number; but the experience of the lastvsession of the General Assembly lenvesnic nowrfully impressed with the necessity of the increase ithen-c0n- templaterl in the Upper-_ House, and particularly of introducing into‘ that; body ‘ ‘‘ some legal talent to regulate not. only that body itself,-but also .to counterzict the’,mnny‘improper and ill-digested measures emanating from the LowerIHouse’,’H . which duties have been hitherto’obly_pcrformcd by the three puisne judges.’ – VInow,l»l _COPY Of’. a ‘DESPATCH. f1’om.the Right Iiononrable E.,G.”:.‘:ltazxley‘ to ‘ fight of isuceession ,to.the=administ-ration, of tl1e:gov’ernnient‘of,the l_?_rovin_ce in ‘ ,—:.V57‘9.. NOVA SCOTIA, NEW _ BRUNSWICK, ‘&c. 59 I now, therefore, beg earnestly to recommend the addition of four members to the legislative Council, and to propose as such the Hon. G. F. Street (who was formerly recommended, but it was deemed advisable by Lord. Goderieh then to postpone his appointment, for reasons stated in the despatch referred to; this gentleman is a member of the Executive or Privy Council), Charles J eiirey Peters, esq., the attorney-general, Robert Parker,. esq., theosolicitor-general, and Thomas H. Peters, esq., clerk ‘of the peace for the county of Northam- berland—-all gentlemen of the highest respectability, natives of the Province, and having a. great stake in it. I am aware‘ as the Council formerly stood, having the legislative and executive duties to perform, that the Crown lawyers ‘ :being members of it, wouldin every respect he objectionable; but now_ that the Privy Council duties are entrusted to a separate body, I trust there may be no objection to their being brought into the Legislative Council, where their » respectability and legal acquircments cannot but prove most serviceable to the public interests of the Province, as no decision of a local nature can einannte from that body that can in the least degree interfere with the duties of_ their oilicial appointments. =_ ‘ Should you desire any further information on the subject of this despatch, I beg respectfully to refer‘ you to the Hon. Thomas Baillie, commissioner of Crown Lands, &c., in this Province, now in England, who is well acquainted with the subject under discussion. ‘ – – v * I have, &c. (signed) vArcl1. Campbell. ——No.2l.—— . (Not 19-) ._ Com’ of a DESPATCH from the Right Hon. E. G. Stanley_ to Lieutenant- governor Sir A. Campbell, Burt. G.C.B. ‘ ‘ Sir, . ‘ ‘ Downingéstreet, 8 August 1833, I nave received your despatch, No. 38, of the 26th May last, reporting your satisfaction with the result of the measure for separating the Councils in New’ Brunswick, and proposing that an addition should be made to the number of the members composing the Legislative Council. a ‘In answer to this coinm\n1icn’tion,l have the honour to inform you that I have, had much pleasure in sulnnitting the name of Mr. Charles Peters to his- Majesty for a seat in the Legislative Council, and I shall forward, by‘an_ezu’ly opportunity, the instrument containing, his appointment. With respect to the other gentlemen named -in your (lespatch, must decline, submitting their ‘names to his Majesty, not because I have any reason to doubt»their:qualifica- .tions,‘but because the very object of the separation of the Executive and’Legis— lative Councils was to confer upon the latter of them a greater character of inde– i\’l”.\\’ v llllU.\’SWICK. No. ’21. pcndcnce‘, by making it consist. of a larger proportion ofmembers not holding ‘ _ office under the Government. 1 shall therefore be glad to receive from you a . reportof such resident’colonists,unconnected with oflice; as you feel able to 1ecoin- , « mend as qualified for a place in tl1e.Le@slo.ti\’e Council of New Brunsm’ck. I Iliave, &c. . p p, (signed) . E. G; Stanley/.’ ‘ :'(No.n.) ‘ “.N°:22‘,”” ‘ H ‘Lieutenant-governor Sir A-. Campbell, Bart. 6.0.8. . ‘sir. . _””; ‘ ‘ ‘I ‘llA‘;E receivedand laid b,efore,the’King you1{,.No.2‘2, of the‘ l_9th’ to beheld by-members of the Execulive and,TI.egisl:itive‘CouncilLs,:_and, on the the event of. the deatliior absence or the Iiieutenuntrgoyemor. ‘ ,;=., .’_“2_: ,,.: V Doivning’§street,’27 ‘July’~;ie3a. 5’ ‘ (No. 22.‘ , March last, enclosingi certain resolutions ,of, tlielqegislative Coun_cil,’I andialso »- an address from-that body to.I-Iis Majesty on _‘the.’s_ubject”,of_the relative rank ‘ NEW BRUNSWICK. No. 23. No. 24. Go CORRESPONDENCE RESPEC’I‘ll\”G THEWSOVERNMENT OF With respect to the latter, point, I think that the existing instruments under the Royal Sign Manual are sufficient to; place it beyond the reach of ‘doubt. By letters patent, hearing date the 3d December 1832, the Council-of New. BI1ll1S\\’iCI'( was divided into two distinct Councils, tobe styledithe Legislative Council an(l the E.\’ecutive Council. The Legislative Council was to’ have those powers of the original and joint Council which respected the enactment of V laws; but all other powers and authorities whatsoever belonging to the original Councilwerc to be vested in the Executive Council. It necessarily follows that the privilege of succeeding to the administration of the government must belong to the senior member of the Executive Council. I may add, that this , provision wasno more than consistent with the nature of thetwo bodies which His Majesty was creating in dividing the Councils. It was natural that’ the advisers of the Governor in the ordinary discharge of his ofiice should be presumed to be better prepared to succeed on an emergency to the same ofiice than those who were confined to the separate, though highly important, busi- ness of legislation. . The solution of the question referred to in the preceding observations appears to me to answer the question respecting the relative rank of members of the E.\‘ecutive and Legislative Councils. As the succession to the government belongs to the senior member of the Executive Council, the members of that Council ought to have precedence of all other persons, for it would he a. mani- fest inconvenience tliatan oflicer called uponito administer the government should thereby supersede :1 previous superior in rank. I have, &c. . (signed) E. G. Stanley. -—No. 23. -—- Exrmcr of a DESPATCI-l from the Right Honourable E. G. Stanley to, Sir .4. Crzmplurll, Bart. G.C.B. dated Downing-street, 7 August 1833 (No. 18.) ON the division and composition of the Councils, I shall merely state, that l entirely approve the general principle on which the measure of separating the Councils was founded, and without further proof of practical inconvenience resulting in the particular instance than has yet been brought forward, that I think it far i’rom-expedient to disturb arrangements so recently adopted by His ;\Iajesty’s Government. —— No. 24. – (No. 56.) V V _ COPY of a DESPATCH from Lieut.-governor Sir A. Calnplnell, Bart. G.c.n.’ . to the Right Hon. E. G. Stanley. sir, ‘ -Fredericton, N.B., 15 October 1833. ~ lnavn the honour to acknowledge the;reccipt of your despatches of the 8th and 126th-August last, acquainting me with the reasons that prevented you from submitting to His Majesty the names of the gentlemen respectively hold- ing, the ‘ appointments oi‘, attorney-general, solicitor-general, and advocate- general, for seats in the Legislative Council, but, as I understand, approving of – my recommendation of Mr. Thomas H. Petersfor that honour. lam.also therein desired“ to submit for your consideration the namesof‘ such resident colonists, unconnected with office, as I might feel able to recom- mend as qualified ” to become members of that body. – . ‘- l have now, after much consideration of that subject, the honour to lay before you the names of three gentlemen, all natives of the Province, in my opinion-qualified in everyrespect to fulfil the important. duties of legislative 1 councillors; viz. George Henry l-Iazen, Esq., formerly an ofiicerVin‘the army, now residing upon his ownproperty; 2dly, Thomas Carlton Lee, esq-.41 ‘P157; vote gentleman, resitling onihis own property; *and, 3dly, John Tbonms‘Murruy, : esq., a very talented barrister-at-law. H lam‘.-V”. A NOVA SCOTIA, NEW” BRUNSWICK, ‘&c. 61 I am led ‘to believe that there is It. mistake in the insertion of the christian name of Charles Jeffrey, instead of Thomas H; (Peters) in ‘the instrument, under the Royal Sign Manual, transmitted with despatch 26th August; As the former is the name of the attorney-general, whom ‘I understood one of those objected to, as holding ofiice under Government, the appointment of clerk of the. peace for the county of Northumberland, held by Mr. Thomas Horsfield Peters, can scarcely beconsidered in the light of a. government oflice, being ‘ merely a provincial nomination, under the warrant of the Lieutenunt—governor. I have, therefore; deemed it right to bring to your “notice the doubt existing C in’ my mind on this subject, as, should a misunderstanding exist, there will be ample time for its correction before the meeting “of the House of Assembly in the latter end of January next. V ‘ ‘ . . ~ I have, &c. ‘ * (signed) Arch. Cmnpbell. ~ . —- No. 25. – _ (No. 34-) ~ , ‘ _ Corr of a DESPATCI-I from the Right Hon. E. G. Sranlqy to Lieutenant— – governor Sir A. Campbell, Bart. G.C.:B. Sir, ‘ Downing-street, 30 November 1833. I Have the honour to acknowledge the receipt of %your despatcli No. 56, of the 15th October last, recommending George Henry Hazen, Esq., Thomas Carleton Lee, Esq., and John Thomas Murray; Esq‘, us well qualified to become members of the Legislative Council of New Brunswick. – ‘ = – ‘ Having submitted the names of these gentlemen to the King, his.Majesty has been pleased to approve of your recommendation ; and I transmit herewith the necessary mandaruuses summoning them to the Council accordingly. The fees of these instruments, amounting to 9 l. 153. each, you will have the goodness to receive, and forward to Mr. George Wilder, of this department v ‘ I have, &c. ‘ (signed) —- No. 26. ~— : . (No. 20.‘) , , Com’ of a. DESPATCH from Lieut.—govemor Sir A. Campbell, Bart.’ c.o.n. » ‘ to the Right Hon. E. G‘. Stazzlqy. – ‘ Sir, > Fredericton, N.l3.,‘26 March 1834.

E. G. S!anle_z/.-

NEW. _ ‘
13am_~*s\v1cK.- ‘

No. 25.

_ No. 26.

I HAVE the honour to transmit to you an address from the Legislative .

-Council of this’Provincc-to the King, respecting the relative rank and privi-‘

tthe legislative councillors for life. . ,
Until this address was handed to me fortransraission, I certainly entertained

‘ .a veryvconfident hope that the clear and unanswerable decision given in ‘your

despatch of tile 27th July 1833, No; :1 I, would have -put all further discussion
of the pointof; precedence at rest: whether the reasons assigned for thus again

. agitatingpthe qucstionare of sufficient weight and importance to disturb existing

‘ ‘ arrangements, or. toalter that decision, it belongs not._to me to determine; ‘but ‘ 1

I cannot avoid remarking that somcyof these “reasons go a length,-“and are deli-

leges of the members of the two Councils, and praying his Majesty to appoint .

vered in :1’ tone, which, without pronounciugnny opinion” on ‘their. character ‘-

‘and tendency, may justly excite my surprise and.disappointm’ent;.and‘ Iivill ‘

‘ add, that it must ever be deploredtliat such untenable-doctrine as ‘is -put forth’ ;
» I in thev.t11ird;puragraph:of.»the a’ddress’,‘- should filmve ‘emanated from’ a/body so”-

‘ highly honoured by their Sovereign, and whose ‘first»duty‘it should=be to incul-
cate reverence to the,King, andnilling obediencegto the laws ; . “, That the‘ ‘

_ _Council then established (the:’oi-iginalvjoint Coun’cil)’_’constituted “an eflicient, ‘ ‘V
. Independent,’ and permunembritnch ‘*or part”of the constitution of,‘ the colony,‘

-and which could noobe’. changed or_altered«but=by.‘an
– .ancl with’the

_ f this‘Le’gislat ‘
n57‘9-;*‘ — .1 3 V i C

Ibr» ‘ “C



It is first proper to inquire how for the Council is borne out by the instruc— –

tions erecting this Province into a separate government, and upon which the
above theory is grounded, in thus boldly questioning the power and authority
exercised by his Majesty in the late sepzuntion of the Councils.

The constitution of this Province is formed by the commission to the
Governor, and the accompanying instructions, which direct the manner in
which the powers given in the eonnnission are torbe executed, namely, accord~
ing to those instructions, and “ to such further powers and instructions as shall

be hereafter given under the 1\’ing‘s Signet and Sign Manual, or by order in‘

the. I’riv_v Council.”

By tliese instructions aCouncil was appointed to hold their seats during
pleasure, having both legislative and c.\’ccuti\’e‘ powers rcstcd in it: this the
King thought proper to alter, and by commission under the Great Seal, an
in.struinciit of equal power with the connn’ sion to the. Governor, divided this
Council, and established a separate E.\‘ecutivo Council, confining the former
council to their legislative functions.

This constitution, often heretofore rcferrecl to by the Council, seems to be
most strangely denied and set aside by this extraordinary address, which asserts,
that it could not be changed ‘or altered, but by an Act of the Legislature of
this Provinccli It also declares, that the members of the E.\‘ecutivc Council
cannot be entitled to a relative corresponding rank with those of the Legis-
latire Council, notwithstanding the aclmowledged ma,\‘im, that the King is the
fountain of honour and of oftice,-and can bestow rank as he thinks fit; and also

‘ notwitlistantling your zmswer to their former address upon the subject.

The atltlrcss then most inconsistently proceeds to ‘pray his Majesty to do
what it before denied him the power of doin,-;;.—~—to appoint the legislative coun-

‘ eillors for HR», and to allow the xnembers of the Executive Council to rank with

tlieni, and to succeed to the administration of the government, according to the

seniority of their appointnients-

Itvis needless to remark upoirthis ineonsis:-te.ney, or upon the observation,
“made in all humility,“ that the separation of the Councils was uncalled for by
representation or complaint from this country.

The object of the address is cridcntl_\’ to secure, if-possible, to one or two
nmnbers of the present Legislative Council the chance of succeeding to the
administration of the gorernnient upon any temporary vacancy; and to
accomplish this end,thc Council has not liesitatcd to impugn his l\laje5ty’s royal
prerogative as exercised in the division of the Councils, while they at the same
time put forward the e.\’pressi\-e prayer that their appointment should be for life,
with the view, as it would sceni, to secure tlieinselres from dismissal, in the
event of their adopting incasurt-s in their legislative capacity which might draw
down upon them the which would talic from the liing a power, in this young community, essential
to the ‘preservation of the dignity, respectability, and usefulness of that body,

namely, of reinoring from it any member whose conduct may have proved him

to be unfit for or unworthy of so high an honour.

There are other parts of the address that may appear to call for notice; but ‘

I shall content myself with merely repeating, in conclusion, that the division
of‘ the Councils is in my opinion working well, and, as far as the Executive
Council is concerned, to my entire satisfaction; nor need I=scruple to add,;to
the advantage of the country, from the greatly increased facility, regularity, and

expedition, with which all matters coming under its jurisdiction are now inves— V

tigated and decided on. .
i I have, &c. –

(signed) Arch. Campbell.


Enclosure in No. ‘26. ‘

To The Krxds Most Excellent NIAJBSTY.

‘The humble and dutiful Address of his l\lajesty’s Legislative Council of the Province of ‘

‘Ncw Brunswick in General Assembl convened.
2 y

May it please Your Majesty,

Wr:‘have had the honour to receive, by message from his Excellency the Lieutenant-
govcnior, the despatch of Your Majc-,sty’s Secretary for the Colonies, in answer to our
Address to Your Majesty, respecting the relative rank of the President and Members of the
Legislative Council and those of the Executive Council. At the time when we had the
honour of addressin Your Majesty upon that subject, it was :i. system perfectly new to us,
and lind been entire y unknown to the constitution of’ this colony, as well as to that of’_ the
ancient colonial systciii,- and which has been but very recently introduced by Act of Parlia-
ment into any ofthe colonies. \

We, therefore, most humbly crave leave again to approach Your Maiesty, and to ofi’er for
your loyal and benevolent consideration seine additional reasons and observations in eluci-
dation turd support of our claim, that the iuenibers of the two councils should respectively
rank and succeed to the adrninistmtion of the goveriinienl, according to the seniority of
their appointments, as has heretofore, from the time of the ‘first cstablisliment of colonial
governments in North America, been accustomed. .

That the Councils a pointed by your latc Royal Father of <rlon’ons and revered memo , upon the erection of t as country into a separate and distinct overnment, have iiivnriiib y from that time performed, and do still continue to perfonu, all acts of legislation in as full and ample a manner here, as the House of Lords have done in England, conducting all and ixtve always been considered in the colony, as well by the people at large as by the House of Asscnibl ‘, to stand in strict analogy in those respects wit i their Lordsliips; nor _do we think that our Majesty’s Letters Patent of the 3d of’Deceinber, for dividing the Council, did in any manner impugn, alter, or diminish the powers or duties of the Members of the Legislative Council, conferred upon tlieui by yuurlate Royal Father, but that the Council then established constituted an etlicient, inde endent, and pcnnanent branch or part of the constitution of, the colony, and whicli cou d not be changed or altered but by an Act of this Legislature, by and with the consent of Your Majesty, although its Members have been, and still continue to be appointed during pleasure; and we take leave humbly to submit for Your l\’la_jesty’s favourable consideration, whether their being appointed for life would not be more conducive to Your I\1ajesty’s interest, and that of the country, by raising them in the estimation of the public, and thereby promoting their usefulness and eflieieney. » .We abstain from making any additional observations respecting the Executive Council, and confine ourselves” briefly to recapitulate, that as we have not been able to find, that the Members of such a Council are recognized in the Table of Piccedenceyin Enwland,.or in that which has been adopted for the colonies; and, as it appears to hear so slight a resem- rblzuice to Your Majesty’s Cabinet, either in the extcnsiveuess or iinportance of its duties we therefore humbly conceive that it cannot be entitled to a. relative corresponding rank in this colony. V ‘i . \Ve in all humility beg leave respectfully to represent, that the forming this Council, by breaking; u by letters patent the o (1 Council, which was constituted in the same manner, and with tie szunc poxvexs, conformable to all colonial conncils which had been instituted from the first establisliinent of colonial goveriiincnts in North Ainerica, was altogether uncalled for by any representation or coniplaint from this country against it; and it could not fail to excite feelings of great concem in the members of the old Council to observe, on the cstablisliuiciit of this new one, tliat’:i junior councillor was selected and placed at its head,‘ with the intention of_givin’;; him not only rank above his seniors, but also of investing him with the po\\’cr‘oi‘ administering this govcmmentin ease of :1 vacancy, thus depriving them of the honourable distinction land reward which, from‘ ‘their zealous and faithiiil ser- , vices to Your.Mnjesty, they had conceived themselves entitled to expect.,. ‘ . . 1 > We therefor-e’liiinrbly beg leavcto lay the above‘ brief statement before YouriMa{‘esty,
and to pray that you ‘will be-graciousl’ pleased to take the some into your patema
favoura lc consideration, and to allow

our proceedings and keeping onrjournals strictly conformable to those of their Lordsliips;:

and ‘
ic ineiuben; of the two Councils respectivelyto rank ,


Enchin No. 26.

and succeed tothe administmtion_ ofgovenrmeiit according to the seniority of their appoint- ‘

inents, as has been accustoincd l’roiu the time of the establisliment of colonial’g0VcrnRlenl3

in’I\’oitli America, and also _to‘ pray that Your Majesty would be graciously pleased to

appoint the members of the Legis ative Council for life. ‘ I I ‘ ‘ -‘
And, “as in duty bound, will ever pray. V‘ ,, * I

‘ ‘ ‘ . ‘ . (signed) 570/ui Saunders,

‘ Legislative Council Chanrbers, ‘ . ~ . President Leg.’Council.‘ ‘
‘ 22 March 1834. – “ i ‘- , ,v v i

“.579; V -41 4



No. 27.

‘ siderations entirely separate from each other.


-— No. 27. -«
(No. -20.) _ I
Copv of a DESPATCH from the Riglit Hon. T. Spring Rice to Lieutenant/«
governor Sir /I. Cninplu-II, Bart. 5.0.15. ‘

Sir, Downing-street, at October 1834.

I H.-\‘v‘E received your despatch tinted the 26th of March last, No. 20, en-»
closing an address from the Lt-.gislative Council of New Brunswick to the’
King, respecting the relative rank and privileges of the members of the two
Councils, and praying his Majest_v to appoint the legislative councillors for life.‘

I have laid this address before his Dlajesty, and have received his Majesty‘s-
commands to return the following answer to it. . ‘

The nu.-inbers of the Legislative Council claim to be entitled to take rank,
and to succeed in the administration of the government, according to the
seniority of their appointments. The claim to precedence, and to sue-
eession to the government, rest upon very different grounds, and involve con-
It is not easy to suppose any
part of his Majesty’s prerogative more entirely beyond the reach of dispute, or
one which it is more important to maintain unimpaired, than that by which he
determines into what hands shall be delegated the administration of every other
branch of his Royal authority in the dependencies of this kingdom. Any claim
which clerogatcs from the unfettered right of the King to decide upon whom
the government of New Brunswick shall devolve, is the assertion of a right.-
incoinpatiblc with the just rights of the Sm’el‘(-.ign, and inconsistent also with
the public interests. It is impossible, therefore, for his i\ relinquish a
branch of his Royal authority with which he is invested for the common benefit;

. of his people at large, and the renunciation of which would effect a most: dun-
gerous change in the practice and principles of the British Government. What-.

ever rules therefore may be established, respecting the precedency of the
members of the Council of N cw Brunswick, it maybe assumed as a fundamental
principle that his Majestys right of selecting the temporary administrator of
the government, in the event of your own absence, will not be dependent upon
any such regulations. That trust will always be committed into the hands of
the person, whosoever he ,may be, whom his Majesty may consider asbest
qualified to discharge it with benelit to the public at large ‘

It is not necessary for the present purpose thatl should exmnine very closely‘

into the accuracy of the general maxims laid down by the Legislative Council,
respecting their own constitutionand inherent rights;‘but the choice of an
Executive Council had no tendency to impair,it might indeed rather be said to have
strengtliened that resemblance to the constitution of the House of Peers on
which the atldress insists. Although in their individualcharacter their Lord-
ships enjoy an ancient and prescriptive right to tender their advice to the King

on questions of public interest, yet, in their collective capacity, in which alone p
the analowy is to be found, the Peers of England have never possessed or

assumcd it re right to not as executive councillors of the King.

I The recent change left the Legislative Council unaltered in its constitution, .
‘ and in all=its appropriate functions; it withdrew from them an employment

to which they were not considered to be as competent as thebody. to which it
was transferred. That_cmploymcnt -was the. counselling the Governor in” the
administration of his en’ecuti\’e duties. The right of the King-‘to select

~ theperson to whom the exercise of his prerogative is to be delegated,

necessarily implies and supposes the right of selecting the persons hy.whose
advice the Governor is to be assisted inithe discharge of that trust. In this,
as in many other cases,‘tl1e greater powernecessarily involves thevless. . ..

To the proposal that .the King should constitute the legislative councillorsi

members of, that bodyfor life, his Majesty will not be advised to accede;,l.1is-

Majesty will beat all times most ready to receive, and to weigh attentively,
any arguments which the Legislative Council of New Brunswick may wish to lay:
before him ; butwith respect to the division of thcitwo Councils, it is advisable
to state that his Mojesty’s decision was mainly influenced by the reflectiontliot
this new arrangement might enable him to bring the Executive Government of‘
the province into that free communication with tlie.l-louse. of Assembly which



is, on every account, so desirable. By calling some members of that House to .\ԤW i
the Executive Council, a channel for constant and unrestrained intercourse was B“UN*”VlCl”-
opened, from which it seemed reasonable to anticipate very considerable public
benefit. Nothing liasliitherto occurred toshakc the foundation on which this
-opinion proceedcd.- Witlrregard to the question of precedence between the
members of the two Councils, it was certainly thought that,ias in the absence
of a’Governor or Lieirtenant-govemor, or of an administrator of the govem-
meat, the succession most properly belonged to the head of the Executive
Council,‘precedence should be conoedetlto‘ the members of thatlbody. But
I am at present” disposed to adopt as reasonable the modification suggested in
the address, that the ranks of members of either Council should depend upon
the seniority of their appointments; not however admitting, but rather denying
the. consequence, that the succession to the government should be regulated
by seniority of ‘rank. The persons selected to advise the Governor in the
administration of his office are presumeably the best qualified to ‘succeed, in
case of necessity, to the discharge of it.‘ ‘ ‘

__ l I have, &c.’
‘ (signed) T. S. Rico.

V ——N -‘33–” ‘ I No. 28.
(No. 19.) V
COPY of a DESPATCH from Lieutennnbgovernor Sir xi. C(l)Il])ZIcl/, Bart. G.C.B.
to Lord (:‘IuncI_(/. ‘

» _ Fredericton, New Brunswick,
Mylord, V 16 March 1836;

‘ THE documents herewith transmitted may appear to your Lordship to contain ,
some repetitions; but I beg to account for such being the case, by my having
made the remarks on the resolutions before the copy of the address was sent to
me yesterday from the House of Assembly.
. ‘ I have, &c.

(signed) . Arch. Campbell.

Enclosure in No. 28. ‘ End. H, No’ ,3_

Exrrmcr from the Resolutions oi the House of Assembly, passed March 1836, with 7
Remarks thereon. –

Resolution -20.-—-Jtcsolved, as the opinion of this Connnittec, that the members of/the
Executive Council should be increased to no les than nine in the whole,‘ in order that the
administration of thegovernmcnt might be enabled at all times, and under every emergency,
to derive the best information on every subject affecting‘ the general interest ofthe Province –
that may be brought under his consideration; ‘ I ‘ – ‘

, Rcmarlts.-—’l‘liis ‘ arrnngemcm. would perhaps be unohjectionable, if persons properly
qualified for the ofiicc were to be found at the seat of government, or so near to it as to be
nt,thc_immediate call of the ‘governor whenever require . ‘ p . i ” , ,

Resolution -.11.—— Resolved, as the opinion of this Committee, that by calling some members _
of the }louse,_of Assembly to the Executive Council, which \vould’not be considered as ;
constrtuung a reason for vacating‘ the seat of such member, a channel for constant and ;

,2 rinrestmincd intercourse would be opened, (‘rain which very considerable public benefit might
be dcrivcd;. and that it appears from the dc: al’ch”oi”Mr. Secretary fl‘; Spring Rice, of
0ctoher.1834, that His Maiesty’s decision in ividing the Councils oftliis Province was

r mainly influenced by the reflection,-‘ that this new arrangement might enable him to bring
the Executive Govennnent of the-Province into n. free communication with the House of ,.
Assembly. ; ‘ . r_ ‘_ ., » _,-, _ .. ‘

;R5_*1na[Ir_$’.—-An arrtingerncnt ‘by -.which the ‘E.\’ccutive Goveriinient mi ‘ht be brought into
‘a freecommunication with the House has always been considered desire le, but it was very .
doubtful whether the mode;’pro_poscd’-by the‘ Assembly would succeed‘. _ Without ridverting . _
to the probability that it party in the House would prevail to va’cm.e”the seat of any meniber ‘
ofthntflouseon his being called to thc” Exccutive.Council, su’’rr’iber must ‘tnlce’the
hazard, upon a dissolution, of being re«’,elccted,’, when”-his h’ol

. “Council would be ‘objected-aguinst.him, arxd,use’d as a means (without udoubt successfully),

‘I -to preventliis return, and another ineinbei-.o‘f the As‘se’mbly,r’uust then be called to the

.,‘ C0\.Ill(.’ll-‘ -By t1ns‘rnode,’ the number of executive councillors _would‘soon become too large, .
‘p579. “-;.,.~.or_




t’1l‘ill£:l1lCl’til.i(.‘l‘S callediiiiist, on fuiling to lie l‘C'(li(‘l‘C0tl, resign their i|i0\\’l(!(lgc(l there as tie organ of
cniiiiiiiiiiiratioii Lmtireeii tlic Exéciitire and the lloiisc. The adoptionkifa niczisiirc of this
iiatiirc ii-as siiggcstcd by the Earl of Ripoii, in his ih-snitch of 1st May 153:); but the
det-i.~’ ii of the llunse ol‘Assciiibly of Lmrcr Caiirula til tie time, in forcing Min-Mondelet
to vacate his seat in the .»\.~?»sciubIy on his liciiig uppoiiited tn the Executive Council, coit-
riiici-d the Goi’ci’iiineiit, tugctlier iritli otlier local L‘iI’L’lllll5i.«’Il1CL’,S, of the inutility of their
mg, imtlie i\l(?l\E\li’4.’ liere. Nair, lioii-ever, that the House has offered to remove the prin-
cipul nbjectioii, that of not i’cqiiii’iiig such nicnilicm as inay he called to the Executive
C0llll(‘ll to vacate their :=.c:it.:, the Government ivoiild be glad to scc’tlie experiment tried at
the next sec-=i(>ii of tlic Gciicizil Asseinlily, if I)l’t)p£‘.l’1)(‘.l‘:=0l|S can be l’cuii(l to ucecpt of the
uppoiiitiiient; and in my :~‘I_’lCI!Ii0lI partieiiliir i.-are slinll be ll|l\’cl|.1l) reconiineiid gentlemen

irliu ll rlit. be {it mid proper to .-iiecectl to \’flCltll(£lCS or otlicr isc,nsiniglit occur in the
i-fli.-ctii . iuiiiber cl‘ tlic Lc;_{isl:itii‘c Council, should they not he re-elected on a dissolution

of the lliiiisia.

.l?i>.\*nIiili/nz ‘ –liO.~‘I)l\’u(l, as the npinioii of this Cunimittcc, that tlii-. iiistructioiis given
Sir Fl‘.lllL’l.~’ llciiil, the Lientenznit-;:(irci’iior for Upper Cillli|(lll, and the c.\‘ti’:ic-ts of those
L:(l the Ii:irl (io.-:liird, is recciitly pininiilgatcil l’t‘lI1ll\’c to the views cut‘ the Colonial
G(l\'(‘I’lIl|\t’lI1 eiitortniiieil v the Crown, slioiild ntti>i’ only .~iicli part ol’.<ni¢[ ruction.= as inziy he no mil to :iIl’cct the iinlepeiideiicc of
]ll(‘lIll)t3l‘.~‘ at” the .itiire \\’l)O iiuiy liuld any iiiti-rior ofliec or nppoiiitnient under
G(I\’t!rlllll(?lll, it’ tlii: pi‘iiieip|es upon irliicli thely arc tbiiiiileil were carried into opemticn in
this l’i’ui’iiicu, mid that ii i’ui‘ tioiis, ivlii.-i’cl7y piililic nllie ‘ would he rc.~:poiisiblc ziiidnccoiiiitalilc to the House, in being
ill)“ izd to pi‘( nl‘t!IIll(l . limit their prncceiliiigs in detail, as cuiiiiei.-ted with the rceeipts
mid. Nl)(.‘l1(lll\l.L oi‘ the King’s l’U\’EIlll(.’$, lll’ll1t: must explicit and eirciinistziiitial niaiiiicr
heforc thc lioiisu ol’ Asseinlily, slioiiltl he liiiiiilnly aiiil.diilifiilly asked For front His
Majesty. V »

4 ]t’cuir/r/:.i‘.——It iiiiist appear very c.\’tiaoi’iliiiiiry tliiit the lIoiisc_oF1\s.~:eiii1ily should attempt
in ]c..’ hm upon in51|’||t:t|u]]5 to aiiotlicr l’rui’iiice, irliicli were not officially liefui-e llieni,niid
li ilirz_\’ only had iiciv..papi.-r inlbriiiutiuii. Tlic zilisurclitv cl’ this proceeding is fully
slim i lw the div ‘on on the zpiestimi ; l)1tl tlii‘ din on does not ;~’iifliciciitly iiiark the dis-

ini iifllie ll()it§t) to rentlnr all llis ;\l2ijcsi._v erraiiis in this Province l'(,’S])OI\Slblt.’ and
uiiiiuilileiciit; thc e.\’ccptiuii irliicli they lii1\‘(i iiitroiluc(:il respcctiiig the iiidcpeiideiiee
nl’iiiciiiliei:~4 oftlic luv‘ laturc irus inndc, liecnnse Iliu l-loiis ttfll’Cl.Ctl to eiiiisiilcr the iii=,truc~

, _ r: _ . .
nuns as extciiiliiig m Cicrks ufcoiiiilics and iill other siibortliiiiite olliccrs


licsulretl, as the opiiiivn inf this Cniiiiiiittee,-tlril, iii nccordaiice tlicreiritli,
ilieiit to lin’nfzj under the lI(ili(‘C, of lli.< Mzijest Cv’m’oi’iiiiiciit the present
ion til‘ the l.eg_ri.=l:\tii’é Council, i ‘ii ll ricir ol’ luiriiig c. hidcd from that body siicli
‘|~’ are iiiiiiii-iliately di-peiidciit upon Gnvt-i’niiieiit, and i’ecei\’e l:ii’-go ~”ilni’ie:I, in nxLlcr
that so llli]ltIl‘11llli. ai liraiieh ml” the lngisl:i1ui'(,- appointed liy the Cl’D\\’llH111)’ c.\‘crci.=.c, iritliout
cinhnrm ‘ ‘

ction upon all niuttuis siiliniittetl to them.

‘t’lii.< [)l’U[l0:l| , it‘ euniplicrl iritli, iruiild iiit:ill_\’ dc:~:ti’o_y tlic ellieiciiey of the
l.egi.~l:itii’c Coiincil, liy reiiioriiiq [ruin it the chief” justice, the ii.ltoi-iicy-general, and any
who lzii\‘yci’ irlio uiight. ruec ti szilnry il’0l\i the Crnirii,,tliiis ireiikeiii’iij_; that S7.’tlUiXll’y
elicel; and t‘0l1li‘ul over the igiioraiit. nnd iiiiccnstitutioiial proceedings ol”tlie A\SSCYl]i.)ly
irliieh has liitlicrto preserved the jiidiciul ilupartinciit.-i ol’ the l’i*oi’iucc, and irould consc-
rpiently prnrc Iiiglily iiijiii-imis. Iiistr.-ad of‘ necctliiig to this ))I’0p0)iillDll, it ivoulil be very
(ll’.<il‘|tlll(.’ tn liuvc more iiien-of‘ lcgnl liiiowledgc in the Legislative Couiicil; and it is of vital
iinpw-tiiiice for the )l’t::’cl’\‘1lllDI) of thc cunstitutioii, uiul_ thc Knig’s pi’ei’orrativc, that :1
{i‘ur1ir))| til‘ the l ‘ ltl\'(: Council slionlil be under the direct influence of-iilis Mojesty.’s
aoreriiineiit. ‘ ‘ ‘ ‘

I _ ‘ ‘.‘”’ No. 29. 9–
(N0. 34.) . .

Ex’rnAc’r of a DIESPATCI-I from Lord Ghwelg tt)’SlI‘ A. -Cfllllpllfvu, Bart. c.c.n.”

dated Doirniiig-street, 31 August 1836.

I HAVE to ackiiowledge thc i’e I\’n. 19,‘ti-aiisinitting the copy of an .i\d<li~<-ss from the House of’./isseiniilypof-. V
New Bniiisirick to liis.Mzijesty on \’m‘i0llS subjects connected with the ndmi-_

nistrzition ufpiiblic affnirs‘ in that Province. I have since 1’ece‘ived from Messrs.
Craiie and Wilmot, the gentlemen deputed by the House of Assembly to repre-
sent them in this couiitry, the” original Address of the Assembly; and I have

also been in cmmiiuiiiczition with tltOS0’g(:ntlClnl31\, as well ‘on the matters to,lrei-ts, as on others connected with the ‘colony.

,1 ‘have ‘

‘ may be pleased to call to fill seats in the Executive Council.


– I have had the honour of laying at the foot of the Throne the Address of the
House of Assembly, and I am commanded to eicpress his Majesty’s satisfaction
at the spirit and temper in which the House l1o,’this record of their
sentiments on subjects of great constitutional interest and importance.

rThe Assembly express their approlmtion of the instructions issued by his
Majesty’s couimands to Sir F. Head and tothe Canada Commissioners, land
state, that it would alford them entire satisfaction if the principles which they
involveuere carried into operation in New Brunsivichi. _ ,

Itis with greatplcnsure that I am enabled to give the Assembly the satis-
faction which they desire. The principles involved in these instructions are not
of limited application; they form the basis of the policy which, ixrhis Majesty’s
judgment, it is the wisdom of this country to pursue, in reference, not only to
the Cnnadas, but n.lso to all the other states of British North America.

The Asscinbly next allude to theicomposition of the Executive Council.

They rcoouunend that’tl1c mt-.1nb’ers of ‘the’Couneil . should be 1nnt.0ri.’\lly
increased, and his Majesty will take this suggestion into consideration, although
he is not yet prepared‘ to declare whether it cnngbc carried into effect, still less
what should be the extent of the proposed increase. . y

The Assembly fllrtlier express their cordial concurrence in the views of Mr.
Spring Rice, relative to the sunnnoning to that Board of ‘ some members of the
popular branch of the Legislature. : t

On this’topic’thc Assembly have expressed themselves with u just delicacy :
declaring their approbation of Mr. Spring Rice’s desputeh, they yet disclaim
any wish to offer an opinion to the King as to the persons wlloin his Majesty

It is obvious,
indeed, that a peremptory rule on the subject would be inadmissible. At pre-
sent it is open to‘ the Crown, at its own discretion, to select members for the
Executive Council from all descriptions of his Majestyssubjects; the prero
gative is unfettered, and it is, in the opinion of his Majestyfs advisers, most
advantageous for all parties that so it should remain. With’ respect to the
lnanner inwhich it shall, in this branch of it, be exercised, his Majesty can give
only’ the general assurance, which he‘ directs mcto convey to the’House,of
Assembly, that his selection of’- persons to sit. in the Executive’Couucil will be
guided solely by a reference to the permanent interests of the province, and to
the qualifications of those whose names may be’him= for that
distinction. , I ‘ .

The composition of the Legislative Council is the next subject a.lluded to by
the House. Admitting that no great public evil has yet zuisen from this source,
they nevertheless express their apprehension that, according to the principles

[laid down inthe instructions to the CLmada‘Comiuissioners, those members of

the Council who hold ofiicc under the Crown could not be expected to exercise

His lVIajesty‘s Ministers entirely ‘agree in the importance of securing the
independence of the Legislative Council. They are not indeed prepared, espe-

-cially nfter the candid admission of the Assembly as to the working of the
‘present system, to recommend to his Majesty the superccssion of any’ of the

present members of the Council; nor do they consideroflicc as of itself’o,dis—

‘ qualification for 11 seat in the Council, but they freely atlinit that the introduc-

tioninto it of too large a ‘number of persons holding places of ‘cmolument under
the Executive Govcrmncnt.wou1d’ tend to detract from its-weight,” as on inde-

‘pendent branch‘ of thc Colonial’Legislature.. ‘LordIRipon, in a despatch, dated
‘the 1st May H532, observes, that the Legislative Council “ should principally
:consist of jgentlcmen‘independent of and._unconnected with the Executive Go-‘ ‘ _
‘vcrnment, and selected froin the priucipa.l.’inlml)itants of the Province, and those ._ ‘

having the greatest stake in its welfare.” _ ,
‘To this principlcpaltliouglt it wouldscem that accidental circumstances have

hitherto ‘prevented it from‘ being carried into full eifect,’l1is Majesty’s Govern-
me’n_t‘continue, to adhere; ‘\V1ie11ei‘cr,x‘the_re_forc, it inaylbecomc your duty to ‘- -‘

reconiinend’to me,vfor”his’ Majesty’s approbation,‘ thevnitme of any gentleman to

rule laidVdovvn by Lord Ripon, in the words .’wl.iich’xI have just quoted. . V ‘-

» Itinay be. propcrxto ‘atl_\’e1ft in”this” the impression wlliclr has been‘
.. produced ‘on,tlleminds of ,the Assembly by ‘those clauses of the Instructions to
‘ Sir F; Head .“ which (to use tl1cir‘nwn’lang’uage) might be :supposed to ‘. r .


579- .: l!,<_.2 NEW _ BR1.lNS\\’lCK. V be appointed a member ‘of. the ‘Legislative Council, you will bean in mind the, ‘ Nl;2\V” BRUNSWICK. GS I CORRESPONDENCE”RESPECTING THE ‘G¢YEIlNl\1ENT Oi’ . . i . the independence of membersiof the Legislature holding an)’ inferior office -or ” V appointment underthe Gove.mmcnt’:” on this subject it is enough to point out . . « to the observation of the.Assemb1_rtl1at:the clauses in questicn,.inI so far as they concern persons holding seats in either House, have‘ reference expressly to “‘ members of the local government :“ not to inferior ofiicers, but to those who form nu-actual portion of the Executive Government, and whose cordial sym- p:ith_v and cu-upemtion__zn’e absolutely intlispensziblc to dtheiexistence of any system of administration. With regard to such individiuils,~I trust the Asscrnlily will admit the justice of the ol)servatio_n which concludes the consideration of this topic in the Instructions to’Sir Francis I~lez1d:’ “ Unless tliiscoulse be pur- Nu. 30, 51 ‘August. cl, in 30. V ” thc countn , ‘ thereto, who ‘ rests ofthe Province‘. ,’ – ‘ . suerl, it ‘would he impossible to rescue thediead of tl1e;Go\’ermnent from‘. the ,in1put’ntion of insincerity, or to conduct the adiniuist-cation of public nffriirs with” the necessary firmness and decision.” -~ – —€ No. 30. – (N0. 35.) , ‘ _’. V‘ . Ex’rn.».c’r of a DESPATCH froin Lord Glvnelg to Lieutenant-Governor’5 Sit-A. C’q_7)l]ll)l.’l], Bart.G.c.B. dated Downing-street, 5 September 1836. I.\’ my despateh of the 31st ult. I have communicated t0>E.\;0U.’l‘,lle answer.
which his Majesty has oonnnanded 1ue_to return to the Address from the House

-of Assembly of New Brunswick, of the Mth March last. .Il1ave.o.t the some

time. enclosed, for your infornmtion, copies of the correspondence which had

, passed-ontlu-. subject of that Adtlress, and on other matters of o publicnature,

between Messrs. Crane. and Wihnot, the ‘gentlemen deputed by thc.I-louse of

, Assenihly to represent them in this country.’ Having communicated to Messrs.

Crane and Wilmot the draft. of my despntch of the 31st ultimo,~ I have ree_e_ived
from them the enclosed observations on it; I have_also had with them personal
communications on the subject. . . I _.‘ i – ‘ r ».
The first alteration proposed by Messrs”. Crane -and Wihnot is, that the_
Executive Council should, ‘in compliance with the wishes of the Assembly, be
at once enlarged, without waiting the further deliberation coute-1npl:1ted_ in my
despatch of the 31st ult. ‘ V – ‘ j; ‘ ‘ , . .
On this pointhis l\Iajesl._v, after :1 due consideration of the arguments urged‘
by the House of Asseiiibly, and of the representutionsvof.Messrs. Crane and

Wihnot, is prepared to adopt the necessary steps for meeting the wishes of – the ‘
It is unnecessnr,r,_.on the present occrision,‘ to_ofl’er any pledge as to. –

the precise number of which the Executive Council should licreuter consist,
nor indeed could an invzn-iablc rule l)E_])1’L‘SCl’il’;BLl on that subject without incon-
venience; but’_vou will _im1ncd.i:1tely report to me the names of severo.l‘gentle-‘

men wlmnryou -may think most eligil)le-for seats”in his Majesty’s -Executive,’_

Council. In niaking your selection you will not confine yourself to tiny singlc

V class ordescription of persons, but willendeavour to ensure the. presence’ in
‘the Council ‘otgeiitlenieii representing all the various interests which exist in ‘
the province, nnd possessing at the sauna ti1ne._the confidence of. the people ‘at -,

largo. -It may not be possible always to fi_nd.such persons in the, neighbours

hood of the capital: hut l a\n’assui’eil tliat._tlie1’e§ure gentlemen of. fortune in ”
the ‘Province, who, if- appointed to the Council, wouldgfrom public-=moti\’es,,

attend to the duty. ‘

‘ ~ f Enclosure-. in iNo.‘ 30;

Riaiinnlrs on the Druit of Deqiatclrfor the Consi’dcm_liun of Lord Gzéizezgi
– , 1st.‘_On thc Adrlition oi‘Menihers’to thc Iixccutive Council: : v . :1‘ : – .
The As;<_embly_of’ Neii-Bruliswick arc desirous that the Executive Council. hccnlurged.

First, because, as it is how tzomposcd; a majority of its -Imenibers has not the confid_cuce,of’
and sccondly,,hecuuse jxr is e.\’pedieut that some members should‘ be added»


:1′ practical knowledge of the conunercial and other great lending inte-

_ For these reisons it would afford universal satisfection to theppcople of,l\’ew Bru nick‘
if the Gorei-nnn:nt would order such additions to be 1uadc.f’ – i _ – – _ ‘ .

‘ 9 i. . 1 ‘ ‘ ‘(signé_d) ‘ ‘ TVz’lliani’Crum. ‘
v_ * – . KL:-x:<1.;W’ilmoe‘;,

:;1_i M:1yl8.’lG;’



. —__ No. ’31,“ #-
(No. 56.)

p EXTRACT of a DESPATCH from Lieut.-Governor Sir A. Caznpbfll, Bart. 6. 0.13.‘,

to Lord Cv’leneI_«], dated Fredericton, New Brunswick, 17 December 1836.

Hxnaxvrrrr I,hav_e the honour to submit,’ in‘ obedience to your Lordshipvs
commands, the names of several gentlemen in my opinion eligible and fit to
hold seats in the Executive Council, on the contemplated increase of that body.



‘ – No.‘31..

The respectability of clinracter and hitherto unblemished reputations of these . .
gentlemen, afford me the safest criterion ‘to trust that the selection of them, or » =
of as many of them as your Lordship may deem proper, cannot failto prove . ‘ ‘

satisfactory to the people at large.

To that list I could add‘ the names of other respectable individuals; but they
reside at such adistance from the seat of government, as to preclude their
attendance at the ordinary meetings of the Council, which are frequent, and
ofteirnecessarily at a short notice, and consequently they, as well as most of
those now named, could be considered only as honorary members. :

—- No. 32. -—-

. (No. 2.) ‘ I

Exraacr of a DESPATCH “from Lord Glenélg to Lieut(=nant«Govc-rnor
Sir Jalm Hanrqy, K.G.B. dated Downing-street, 6 April 1837. ‘

.IN my despatch, No. 85,’ of the 5th of last September, SirA. Campbell was
directed, with referencetoltlie ‘desire of the Assembly fortne increase of the
Executive Council, to report to me, without loss of time, the.names ofsuch
gentlemen as should appear to him most eligible for seats in His Majesty’s
Executive Council.» The instructions contained in that despatcli I have to
desire that you will consider asaddressed to yourself. You will accordingly

. flpply yourself nithout unnecessary delay to a compliance pith them in this

important respect. In conformity with my directions; Sir A. Campbell trans-
mitted to me, on the 17th December,’ a list of seyeral gentlemen whom he con-

.No. 32.

sidered proper objects for the honour of the Executive Council. I request that »
you will take this list into your consideration in’u..connexion with the ‘whole _ .

subject,-and will favour me with your observations on the recommendations
which it conveys, aswell as with your suggestions regarding any other gentlemen
in the Province whom you may‘cousid(‘r’ more eligible to be members of the
Executive Council. , – . . . .‘

. _ i ‘ ——_No;,£i3. –
(No. 23.) ,_ . l . , – V
COPY of a DESPATCH’f1‘om Lieutenant-Governor‘ Sir Join: Hurray, K.c.u. ‘
to Lord Glenelg. ._ ‘
‘Governme‘nt-Houisve, Fredericton,
‘ 2B’July 1837.’

My Lord,

I.\’Ilay1’ng before your Lordship certainlresolutions of the House ‘of Assembly.
, of this Province, which have been placed in my hands forgthatvpurpose, relatire

to the present composition, of _-the ‘Executive Council,‘ it is,my duty frankly to

No. 33.

July 2:. I ‘

stateto your Lordship, that under the ‘peculiar circumstances’ in which Elfindx

_‘ ‘ myself place(l,’I“eould wish that thc.Council was jdiii‘erently’couip_osed,’ or that .

such an extension of ‘it might immediatelyvbe _»mz1de‘;as5mights give me: the ».

Ibenefit of n.majority;of its members, to‘ whom‘ Icould ‘bringmyself; to give my .
‘entire confidence, which I’-do not conceal frorn5yo’ur1I£ordshi1′)_‘ it has not eon‘ ‘

possible for me,,as’.yet,_to extend to all the membersfof the” present Board.’ “I’_d
not doubt- the integrity of – their motives,’ and” If def not ;de_ny’that‘a’ due ‘-‘disposi
tion has been_._sliown by the parties ‘to whom [1 allude«to‘‘ _act ‘cordiully’with‘ m

_in matters of detail and of minorimportance”;(butfquestions mustand do’arise –
” ntlemcn. knorvnfitop be. f

inj_wl1iclr;;from the preconceived ‘opinions “of hose,
. ,,K.3 . ~.





opposed to those entertained by me, it would perhaps be equally unreasonable
and impossible for me to expect their cordial support of or assent to the mea-
surcs which I may think it my duty to propose. ‘

The interests of the public service may thus suffer. I lmvc, tlierefore, at an

earlier period than I had intended, given my attention to the instructions upon ‘

the subject conveyed in your Lordship’s dcspateh to Sir Archibald Campbell,
of the ;’»tl1Scpteinher last, No. 3.=:,,and with reference to those instructions,
have now the honour to submit the names of the following ‘gentlemen, whose
appointment to the Executive Council l have reason‘ to lielieve would he gene-
rally acceptable and satisfactory to the Province. From this list I should be
glad if the number necessary for increasing the Council to the establishment
to which it may be your Lordship’s ‘intention to raise it, might at once be
selected, as its duties uill now become more onerous, in consequence of the
transfer to it of much of the duty heretofore performed by the land granting
department. – ‘

James Simonds, Esq., Speaker of the House of :\ssenibl_v, ‘a gentleman of
we-altli, of talent, and of great influence, and of one of the oldest loyalist families

in the province. Mr. Sixnonds having contributed his powerful aid towards the ,
settlement of the great questions which have just been brought to a satisfactory ,

conclusion, has an intention of retiring from the chaiiiof the popula.r branch
of the L<=gislat1irc. Ho resides near St. John’s, which wealthy and rising com-
mcrcial capital appearsto me scarccl_r to have received its fair share of such
appointments, as that which I now solicit for him.
betwixt Fredericton and St. John’s is easy and rapid at -all seasons of the year;
and as I propose to hold “ Land Boards” pt-.riodicall_v, on stated days, there will
be no difiicultv in procuring the attendance of members from them at any
time when their presence may he thought necessary. ‘

William Crane, Esq., member of the House of Assembly, one of the deputies

now in England, a gentleman of large property, and of attainments m’th which –

your Lordship is acquainted. Mr. Crane has acquired strong claims upon the
respect and confidence of the inhabitants of this Province, and I think”upon
the Government. U » . ‘ ‘

Neville Parker, Esq, 1:. c., onclof thc ables: and mostrising Chancery bar~
risters in the colony, a gentleman upon whom I have recently conferred the
distinction of King’s counsel, and whom I have thought of for the ‘oi‘fice of
Master of the Rolls, in the event of the Assembly acceding to the re.connnen-
dation which-I propose to make to that body, in its next session, to provide a
suitable salary for such an appointment. Mr. N. Parker isga brother of the
judge of that name, and resides at _St. Johns. p p . . ‘

‘1‘hc I-Ion. A. I3._l3otsford, a member of the Legislative Council, son of the
judge of that name, a highly re.spectal)lc and popular person, residing in the
county of “Wt-stinorlaml. , –

l-[ugh Johnston, Esq., a wealthy retired merchant, of excellent family; a gen-
tleman of much al)ilit_\’, particularly as a financier, and one of thcfmost influcn-_
tial 1ilt’l1ll)(‘.l‘$ of the l~louse’of Asselnbly. ‘

Legislative, Council ; a wealthy and enterprizing xuerchant, largely embarked in
the timbcrtradc at Miramichi. – – ‘

Hon. G. Shore; also a member of the Legislative Council, an old military

ofiict-r, who served under me during the late war; a mild, discreet, judicious-

aud popular person, possessing a coiissitleralile stake‘ in the colony. . _
Of the whole of tl1e’indiri(luals above -submitted, only two are in any—way

connected‘ with or rclatedto the actual members of the Council. g.Mr. John- :
stun is reryreinotely connected with Mr. Frederick Robinson ; and Mr. Shore ‘
is married to the sister of Mi-._Saunders, a circumstance which would have pre-i j
vented my ‘including’his name in the list. But independent ofthe circumstance ,
of my wishing to give an old brotherlofiicer a proof of my confidence and good 3″
will, it is necessary that I should have one of the additional members aresident .

in Frcdericton,.in order to insure a quorum at all times when the solicitor and

, a otherwise, and for the purpose ofaforuiing the “ Land Grantin .Committee,”.ex- .,
s l necessarily must do,thc Crown Laud bmmissioner, and

The comnuinication ‘

. ph Cunard; was in Sil‘1\l‘(.’l1il).’\l(l Cainpbellslist ; is fl1nClYll)(!l“0fth(5f


‘Novn SCOTIA, NEW BIiUi\”SWICK, &c. ~j 7»

on this point Iouvht not to conceal from your Lordship, that I fully concur NEW ‘
in the opinion Wbibcll the House of Assembly has c.\’pressed. its to the incom- BRUNSWICK‘
pzitibility of the office of Coiiihiissionei‘ of Crown Lands with that of Executive
Councillor. ‘
I have, &c.
(signed) J. Ilartv.-_y,
Enclosure in No. 33. : Encl. in No. 33.

House of Assembly, Friday, 21 July 1837.

1., Resolved, as the cpiiiioii of this coniinittee, that the House should ciitertniit :1 deep
‘feeling ofgrcilitudc towards the ltight Ilon. Lord Gleiielc, for the highly gmtifyiii nizinner
in u-liich his Lordship has been leiised to express his Majesty’s opprohntioii of t ieir pro-
ceedings on the subject of tlic iflcreiices which had iiiifortiimitely nriscn, respecting the
enactment ofthc Civil List Bill, and For the pmuiptness with which the nunierous unimportant
objections ndvniiccd by the Executive oftlie Province ngninst the completion of this niensnre
were disposed of by his Lordship. , ‘

_2. Resolved, as the opinion of this connnittcc, that us very great disci‘etiounry_ powers
are vested in the Lieuteiicnt-governor and Executive Council, by the Act for the support
of the civil govcniriieiit of this Province, that Council should be composed of persons . V ~
possessing the confidence of the country; and not of those, 11 majority of wlioin have
evinced a decided hostility to the principles of the late iniportuiit nrraiigenient. ‘

3. Resolved, as the opinion of this conimittee, that ivliile the House should repose the most
entire confidence in the present Lienteiiunt-goveriior, and linil his :1 pointnicntns an addi- ‘
tionnl pi-oofofliis Majesty’s paternal solicitude for the welfare of us d8VOCe(l’Sul)j(fCCSrll!
this Province, and as :u\spiciuns,of’ :1 more libeinl and sotisfnctoiy policy than that \\‘llit)ll .
elnimeterizcil the late ndininistration, they should deeply regret tlint the Executive Council ,
remains imclmngcd; wlieijeby his Excellciicy is ‘precluded from olitnining that practical
ndvicc nnd assistance, so esseiitinlly necessary to a successful ndininistration ofptlie Govern-
ment. V – ‘ ‘- I ‘

‘4. Resolved, us the 0 inion of this committee, that the House ought full to recognise
the piinciple laid down‘ y Lord Gleuelg, that the Execiitive Council shouh _be composed
ofpeisoiis pussessiiig the coniideiice of the country at lilI””C, and that the cordial synipatliy V
niid co-opcmtioii.ot” that body nre absolutely ill(llS]7ellSill)YC to the existence of any system
of ndininistmtion : and nltliougli the House should repudiate the‘ claim set up by‘ nnother
colony, that the Executive Council ought nt iill times to be subject to removal on an nddress

‘for that purpose, from the popular limiicli oi‘ the government, yet they should view the

. relating to the composition; of .your Execi1ti_ve_Counci_1, nn’dsubniitting it listof

‘ Bonrd.:~’In anSW€I‘,’_I beg; to lncqunintfyou tliiat
“power to ‘give_proof ofitlieconfidence _wliich‘I. p X __ _ ,,
. mitting to Tl:ie”O.ueen, for Her Majesty’s sonctiomfthe listo .ctm_didotes Whom

present case as one unprecedented in the illlniilti of colonial history, and \\’lllCll peculiarly
calls for the iiiterpositioii of” his i\‘[nje.~sty’s Goveriinieiit. » . ‘ . –

5. Resolved, us the opinion of this coniniittee, that inde endently of other considemtioiis,
the great powers vested in the Executive Council for tie expenditure of public monies,
under the 4th section of the Act for the support of‘ the civil governiiieiit, iiiiike it incom-
pntilile for the commissioner oi‘ Cro\vn_ lanids (uiidci- whose authority xi large poitioii of
such expenditure must arise), to hold :1 place in that body. ‘ i ‘ ‘

(7. Resolved. us the opinion of this coininittee, that the foregoing resolutions should be
brought under theconsideritioii of his Majesty’s Govei-mneiit, birxui address from this
House to his Excellcticy the Licutenniiz-governor, praying that his Excellency will be
plcase<\’to traiisniit the same. ‘ i ‘

(signed) C/iarles Siniontls, Speaker.

‘ i –No. 3¥t.——- U 1- , .V i No.34.‘

.(No-33-)… ~ .. _ _ 5, 0 vi’ ‘ e

, i Com’. of a-DESPATCH froin Lord‘ Gleiiely to Lieutenant-Governor” _
” V ‘ Sir Join’: Ilarrey, .i<.c.n. . ‘ J V . _,
_ Sir, _ _ _,’ V’ . p.Doun1ing-street,i:?l’,Sept;_l837.K

~ I ,nAvE received your desputcli, No.23, of the 28th .[\’1l}’.1i1S,t;-‘€Tl,91_0Sil1_g 3 .

series ofiresolutions ndopted “by the ‘I-louse,of_As’s,einb1y of New.,Bruuswicl<,r

thernaines of seven ‘gcntlenien ivhoni you consideif fit’, o _e iirldéd that-

ose iii your,’udginen yisub-H

V you;li:ive;pi-oposed for ziduj.i’is_sion iiitolthe Executive Council ‘I‘l1e_i-e_q’uisi_te .




Ni-‘.\\_’ instruments {or their appointment will be issued as soon as the necessary oflicial
BRUNS“ ‘CK forms can be completed. , ‘
“””“”“‘ . I have, &c.
– (signed) 7 Glenelg.‘
No. 35. l l -— No. 35.-—

(No. 39.) p _ ,
Exrnacr of a DESI’.-XTCH from Licutt-nant»Govornor Sir Jnlm Ifnrlrey,

to Lord (ilenelg/, dated Gorernmvnt—hous(-, l“red(-ricton, New Brunswick,
is Auz_:u.<t,lR:J7. .

WITH regard to the immediate calling forward of any additional mc.1nbcrs~
to seats in the Executive Council, I do not conceal from your Lordship that it
has been, represented to nic_ by two of the members of the present Council, ‘
Messrs Baillie and Odell, and that their suggestion is supported by the opinion
of the attoi’nc_\’-general, (one moreover in which I have no doubt that Mr. Street
:solicitor—gcnt-ral and a member of thc Councii, would if present fully concur),
that any provisional extension by me of the numbers of its members would not
confer upon members so appointed a legal right to vote at that Board. But:
not\\‘ithstanding those suggestions and opinions, I have felt myself justified in
having recourse to this measure by the following considerations, viz. :

lst. That the constitution of ‘this Province has untlergonc such a virtual
alteration by the pass got‘ the Civil .List Bill, as to render many ot’.the
provi. ms of the comm mvundcr which‘ its government lms‘ hitherto been
adnnmstcrcd (that of thc Go\’crnor—in~c_hicf,) wholly inapplicable, to the state of
things now subsisting. , y ‘ . , . » .‘ f

‘M. That by the first number of your Lordship’s despatcli to Sir A.‘CatnpbelI’
of th ‘ it September last, the proposition of Messrs. Crane and Wilmot, “tlmt’
the Executive Council should, in compliance with the wishes of the Assembly,
be at once t-nlargctl,” without waiting the further deliberation contemplatedin

your Lurdship‘svdc.~‘patch of _.’ilst August, is fully conceded.
3d. That it has become the more immediate duty of the Executive Government _,
to exercise n vigilant control and check upon the land granting department, a‘
duty which renders it inc.\‘pcdient, in my opinion, for two of the present
members of the Council to form part of the committee of the Council, to whicl. ‘
it appcars to me proper to refer for c.\’mnination and report, all applications
for grants of land, licences to cut timber, &c. &c., thus, reducing the numbers
available for that duty to three, including the.‘ solicitor~gcncral,= whose frequent
and long professional absences may also be considered as excluding him from‘ y
a soot in a committee which ought to give its steady attention to tbcimportnnt»
.. interests intended to he committed to‘ . . ‘ ‘ ~ ‘
4th. That I am of opinion that such a Board should he composed of individuals
possessing the public confidenct-r, and because l coincide in the opinion recently
expressed by the popular branch of the Legislature, “that the majority of that
, Council not only does not possess that confidence, but is positively hostile to the
principles of the late important nrrangcmcnts,“.nutl, ‘ V ‘_ ‘
-_5th. ‘1‘l1at,by’.~‘clecting three individuals from the list of candidates which has
been sent ‘forward bynne to your Lordship, I believe myself to be acting in 3 ‘
reasonable anticipation-of your Lordship’s’s:mction und concurrence; and if any
question of the legality of those gcntlemcifs votes or acts, (ivhile provisional –
members of the Executive Council) be really inifoh-ed, itzwould be at once set
at rest by their mnndamuscs being made to bear the sauna date as those provisional
appointments. ‘ I have accordingly the honour to request and to solicit that your
lord.~:hip would the pleased to move Her Majesty ‘I‘he Queen to be graciously .
plen.=c<l’to,confirrnVtl1e provisional appointincntsto seats in the E:<ccuti\’e Council of this Province, of tliefollowing gentlemen, who have been called by me’ to take their seats atthat Board until her Jiajestfspleasurc is. known,’ and; who vhave accordingly this day token‘ the prescribed oaths, viz. Y’ George Shore, csq. (a member of tltc”1;cgislativc Council.) Charles Simonds, ESQ. (Speaker ofthe House of Assembly), and ,. Hugh Johnston, csq. (a member oftlic Assembly.) » t – – ~ ‘ ‘ . ‘ – ; . , . – . v 1“ _ NOVA SCOTIA, NEW BRUNSWICK, &c. 73 In conclusion I would hog to refer your Lordship to the resolution of the House of Assembly of the 21st ultimo, (copy enclosed) and particularly to the second of those resolutions. ‘ I’.S.—With reference to Mr. Shore, who was :1 very useful member of the former Executive Council, previous to ‘its disseverance, I heg to express my concurrence in the recommendation ofS1r A. Campbell that Mr.’ Shore should be restored to his former rank-at that Board. A (signed) J. H. —-—- No. 36. —— (No. 34-) ‘ Ex’rnAc’r of :1 DESPATCH from Lord Glencly to Lieutenant-Governor Sir John 1[(II‘L'(‘_y, K.t:.IL‘ dated 2l,September 1837. 11‘ remains that I should advert to your proceedings respecting the. Executive Coungil, which you hnrenoticed in connexion with the topics already men- tione . i I think that, under the circumstances of the case, you judged rightly in iunncdiatcly availing yourself of the services of Messrs. Show, Simonds, and Johnston. _ It was evidently necessary that the Council should be immediately strengthened by their assistance. I concur, liowever, in» the opinion, that, until the proposed alterations have been made in the commission under which you act, those gentlemen cannot strictly be regarded as executive councillors. The Queen in Council was pleased to make the necessary order yesterday for per- iccting the Acts required for this purpose; they will be trrmsinitted to you as soon as the official forms can he completed. Mr. Shore will, in deference to the concurrent opinion of Sir A. Campbell and yourself, be authorized hy Her 5 Majesty to resume that seniority in the Council which belonged to him under its ancient constitution. — No. 37. -4 (No. 43.) i V ‘ Corr of a DESI’.-XTCH from Lieutenant-Governor Sir John Ilarvey, K.C.B. to Lord Glmwlg. _ K x V Govemment House, Fredericton, My Lord, 9 September’l837. Wrrn a new to satisfy your Lordship that the provisional addition which I have made to the E.\’ecuti\‘e Council of this Province is 3 measure highly acceptable to the country at large,-I have selected one of the‘ addresses which has been presented to me on this subject; it proceeds from the three counties immediately surrounding this place, and is most numerously and most respect-_ ably signed. = ‘ I have, &c. _ (signed) J. Harvey. _.__._____,_________________ , Enclosure in No. 37. . T0 His Excellency r\lajor-general Sir John Hurt-c_r/, K.c.u. and c.a. Lieutenant-Governor , ‘ and Connnxuxder-1n-Chief of the Province ol’>‘.-Vew Brunsxuiclr. –

The humble. Address of the ilmlersignerl lnlmbitnnts oi‘ the Counties oi‘ York, Sunbury,
‘ , ‘ and Carleton. . . –

‘ lflnyitplcnsc your Excellency: ‘ ‘ i 2 ” ‘ _‘

‘ \VE,,l cm ‘lnjesty’x_a dutiful and loyal subjects, iiillztbilunts of the counties of York, Sun-
bury, and Carleton, in llcr Mujcstys Province of Neiv Brunswick,‘ begdcuve to present
to_your Excellenc our deep und sincere regret at the demise ol’Uour Most-Gracious
Sovereign Kingl illinm the 7

We at the some time beg to unite .mo.«t cordiallv with vour E.\-ccllency in.our con<~nx- tulntions onthe accession ol‘;l{er Most Gracious Majesty Queen Victoria to the Tliron: of Her ancestors, to whose ‘ 1_\’e nssurc your Excellency, as Her representative,’ ‘of our.firm,nnd unnltemble’determina- tron to support Her Majesty, ‘ ment in which the Province of i\’ew.Bruus\\’ick inn largely participated. 5.I.g_>,, ,.,_. _ V –

, _ Ollrlii. 01′ blessed memory,. a Sovcreignjustly endeared to all’
his subjects, nnd whose memory will be long and afl’ect1onntely cherished.

person nnd governnicntwe feel the _n\ost.urdcnt attachment ; and-

See Enclosure in
Sir John llan-cy’s
Despatch, 48 July


‘I837. P‘ 71-

No. 37..

Encl, in No. :17. ‘

the constitution, und those ciiliglitenoii principles cl‘ govem- ‘

b we


No. 38.

Enel. 1, in .\’n. 38.


We :m.- nll n\viu’c ol’ the dillicnltius \\’hiulI bl-sot your Excellcizcy in nssuzning the govern-
uicntul this l’roviut-e at n very important pciiod in its hlsln , and we deeply lmncnt
that the coin-so pursued by :1 niajurity oF‘_\’onr I-I.vcclleucy’s ot cinl ndviscrs should have
lJl’l:ll such as to linvojustly deprived them of the contidcnce and support of‘ the country,
und to have C|IIl.’J|Yl‘fl5.~1. your Exccllciic)-‘s govcnuncnt.

But we entertain an unshnlccn hope that your Exec.-lloncy will continue l’curlessl to dis-
rlmrgo the lii_;h und importunt duties devolving upon you with that lirinn w rich has
liitln-rto (‘lI1lI7l(!l(‘|”lZ(.'(l your E.\’cellcncy‘.-: ndministmtiun- and we hail with litartfclt satis-
liiclion the long wished for udditinn which _\‘0lIl‘ . ell:-uc_v has recently made to thc
l§.w<‘uti\’t~. Council, .1 body which, when properly con Itntcd, will doubtless cordiully unite
with your lixcclleiiey in (le\’elopiiu_-_‘ tln: rr-sourc ind promoting the pence and prosperity
of this n.~1ng:aud vuhuthle appendage of‘ the liritis l empire.

Frcdcrictun, Sl Septciuher 1537.

. o. :38. ~——i

(No. 48.)
Com’ of a DESPATCH from Lord Glcnclg to Lieutenant-governor
Sir Jo/in Ilarucy, x.c. n. ,
Sir, Downing—street, 31 October 1837.
Win; x‘CfL‘1‘(*,nCc to my dcspntclies, Nos. 33 and 34, of the 21st ultimo, I liuvc
the honour to trzmsmit to you herewith I-Ier i\Injcsty’s Letters Patent under the
Great Seal of the United Kingdom, for increasing the number of the Executive
Council of New Brunswick, togctlmr with additional instructions under the
Royal Sign Mann.-ii, nominating the members of that Council.
I have, &c.
(signed) Glcnclg.

Enclosure 1, in No. 323.
l.E’lTERS PA’l’Ei\”l‘.

\V.\ nn.\:«”r, antlmri ug the pnssing of Letters Patent under the Great Seal, for increasing
the .\’mulicv of the lixccutive Councillors in the Province of‘ t\'(ft!J Bl’llILSlL’lt‘]l.

\’ic’roui4\ R.

Orn Will and Pleasure is, than you prepare :1 Bill for Our lloyhl Signature to puss the
Grout Soul ot‘Our United Kingdom of’Great1lrit:iin and lreluud, in the \Vords or to the
eflcct lbllowing; vi7..

\’|c’roulA,hy the grace ol‘God, ofthc United Kingdom ol’Great lirltuiu and Ireland Queen,
.Dclcndcr of the Fuitli, to Our riglit trusty und right xvell-beloved cousin and councillor
/\l’L’llll)Ill(l Eur] ol’Gusl’or<l, Cu itniu-gcucrul und Governor ‘n»cliiefin and over Our province
o{‘;\'(-iv Bruns\vick,’ greeting: Vliercos his lute Majesty King William the Fourth, did, by
certain letters pulent, hearing date at \Vestminster, the 6th day ofJnly 1831, in the second
_\’cnr of his reign, nominate and nppoint Mujor—geueral Mnttlleiv Lord A lmer, to be Captain-
gcncml und Gorernov~in~eliiel‘ in und over the nforesuid province of cw Brunswick, and
did in and by the s. id recited letters patent authorize und empower him the said Matthew
Lord Aylnicr to exercise and perform all and singular the powers nnd authorities therein
contained by und with the udvicc und consent of the council of the said province: And
\\‘llCl’C(l.< his snid late Mu y did in and by certain other letters pulent hearing date at
Wesuninstcr, the 3d day 0 )ccciul)er‘1ll:l‘.!, in the third your of his reign, gmnt, provide,
und declare thnt from thencelbrth there should be within tie snid province of New Bruns-
wick two distinct und .s’ep:uutc councils, to be respectively called the Legislative Conncilnnd
the E.\’ecuti\~c Council at‘ the snid province, and ‘did. furtllci-‘declare thnt ull nnd over the

powers und authorities in the said firstrccitctl letters putcntcontninctl, und thereby con erred –
.on the Council therein mentioned, so Turns respected the enactment ol”ln\vs fortlie snid

province, should from the dutc oflhc snid lust recited letters patent be vested in the said

‘ l.egislative_Coinici|, and that ull other p0\\’z,‘r.~‘ and autlun-itics in the snid first rccitcd letters

patent contained should from the date ol’the last recited letters patent become vested in the
snid Executive Council; and did further gmnt und declnre that the said Executive Council,
should consist ol’five xucnibcrs, und no more, und thnt three of such iileiiiberssliould eon-
stitute und be u zplorum of the stud Executive Council: And where-us hlssaid late Majesty
did by certain 01 or letters patent, bcuring dutc at \Vc5tminstcr, the ist do efluly 1035,
in the sixth year ofhis rcirm. constitute and nppoiut you the said Archibald ‘ rl of Goslbrd
to be Cupmm-gcncml nntl’Governor—in-chicl‘in and over the said province of New Bruns-
wick, and did thereby authorize you the said Archibald Earl of Gosford to do certuin acts,”
und to exercise ccrtnm powers therein particularly mentioned, by and with the ndvicc ol’thc
snid Executive Council of the snid province: And-wlicreas we have deemed it expedient to
revoke so much ol‘ the before recited letters patent ot’ the ad day of December 1832, its
limits to live the number of executive councillors within the snid province, and we have
liirtllcr deemed it expcdieiit to ubrogute and aunul that restriction, and to revise the cxistilng


‘ Suundcrs, Charles

.list oftbc said executive councillors: Now know you, that We ofOur cspccial gmcc, certain
knowledge, und mere motion, have rcvokcd und annulled, und by these presents do revoke
and nnnul that part only of the said recited letters patent of the ad day of December 1832,
in so far as the same limits and remains to five the number of the executive councillors of
Our snid province, and We-do hereby abrognte and nnnul’ that restriction and limitation
uceordingy: And We do hereby nppoint und declare that the Executive Council of Our
snid province shall hereafter consist ol”such and so mun members as shall from time to

time for that purpose be nominated and appointed by s undcr’Our Royal sign manual ‘

and signct, or as shall be provisionnlly nppointcd by you thc’ Archibald Eurl of Gos-
fbrd, or b the governor or oflicer for the time being administering the government of Our
snid province until Our pleasure thcicin slnill:bc known: Provided always, that the total
number of members of the said Executive Council resident within Our said province shall
not at .-my time by nny such provisional nppointments be rnised to a greater number in the
whole thnn ninc. And We do further direct and appoint that the members of the said
Executive Council shall hold their plnccs therein during Our pleasure, and not otherwise,
and that any two or more of such members whose appointments shall be made by any one
and the same instrument, .shall bctwcen themselves take rank and precedence in the said
Council uccordiu to the order in which their names shrill be inserted in such instrument,
and that in all other crises the members of” the said Council shall take rank and precedence
therein, nccording to the (into and seniority oi” their rcs icctivc l\1’1pOi\’Ii.lIl€nL‘iZ And We do
fhrthcr dcclnn: Our pleasure to be that the senior iuem r for the time being of Our snid
Council shall, in the absence of the governor or the olliccr for the time being administering
the “ovcmmcnt ofthc said province, preside at all thcydelibcrations thereof‘: and \Vc do
hereby revoke and nnnul all nppointmcnts of members of the said Executive Council hcrc~
tolbrc made and now in force; and We declare Our willund pleasure to be that; the several
persons named for that purpose in Our instructions under Our Ito al sign manual and siguet
accompanying these presents, shall be the first executive council era of Our said province
under these presents, nnd according to the constitution of the said Executive Council hereby
In witness, &c. \Vitness, Ste.
And for so doing this shall be your warmnt.
Giyleir at Our Court nt\Vindsor, this ad day of October 1837, in the first year ol‘Our
3 By Her Majesty’s Comunuul,

(signed) Glenelg.

To Our Attomcv or S()licitor—gencrul.

Enclosure ‘.2, in No. 38.

/iDlJlTlONi\L l.\’STllUC’l’l0NS to the Earl of Gogford, nominating the Members ol‘ the
E.\‘ccntu.’e Council, in the Province of New Britirsiorck.

Vic’ruruA [L

A UIIITIONAL INSTIRUCTIONS to Our Right’l‘rusty and Right well-beloved Cousin and Coun-
cillor Areliibuld Earl of Gosford, Our Captain-general and Govemor-in-Chief, in and over
Our Province of New BI’zm:wic7¢; or, in his absence, to Our Lieutenant-governor, or
the Ollicer udniinistcrinw the Government of the said Province‘ for the time bcing.
Given at Our Court nt’i3rightou, the zloth Day of‘ October 18:17, in the First year of
Our Reign. I –


Encl. 2, in No.38.‘

‘\\’n1-zunas h Our letters patent, under the great soul of Our United Kingdom of’Great ‘

. Britain and [re and.‘ bearing date at;Westminstcr the mth day cl‘ October 1(I:)7, \Ve have

siguilicd Our will and pleasure that the Executive Council for Our province of’Ne\v Brunswick
should hereafter consist of such and so mnmy members us should from time to time be for
that purpose nominated nnd appointed by Us under Our Roynl sign manual und signct,

snid letters patent, declared Our will und pleasure to be, that the several persons named for
that purpose in Our instructions under Onr Royul sign munuul und siguet, accompanying
the snid letters patent, should be the first cxccutive councillors of‘ Our said ruvince undcr
tliesnid letters patent, and accordin r to the constitution ofthe snid Executive ouncil thereby
cstublished: how know you, that We, rcposiug especial trust nntl confidence in the wisdom.
prudence und ability of Our trusty and \vcll-beloved George Shore, Frederick P. Robinson,

Villium I-‘mnklin Odell, John Simcoe Saunders, Cllfll‘lcS’Sl|1lOnLl5,’ Hugh Johnston, lvlllifllll

-or us should be provisionally appointed in manner therein mentioned; and We have, by the –

Crane, Neville Pui’kcr,«’A. E. Botslord, and Joseph Cunard, Esquircs, do by these Our l

instructions, issued in pursuance ol’ the said recited lctterspatcnt, constitute and appoint
thcnrthc said Gcornc Shore, _

§imonds,‘ Hugh Johnston, William Crane, ‘NavilleiParker, A. )3. Bots-
lbrd, und Joseph Cunard, to be Our executive councillors of Our said-‘province of New
Brunswick, and’ on are hereby autliorized and required to summon them to Our snid
Executive Council accordingly. « _ = » . . – /

_ 579- J

– I L‘.! i ,2 “,

Frederic P. Robinson, \Villiam’Franklin Odell, John Simcoc –



No. 3_a.


_ —~ No. 39.-
(l\’o. 5,7.)

Com” of .1 DESI’.-\TCH from Lieutenant-governor Sir John Iluruqy, K.C.B.
to Lord Glenclg. ‘

Government House, Fredericton,
My Lord, 7 l\’o\‘ember 1837.

I no not delay a single moment the grateful £]cl(!10\\‘l(§(lgl\’l€l1t of the receipt
of your Lordship’s despatclies, Nos. :53 to 37 inclusive, which, with one
marked private, dnted 22d September, lmvc reuclmd me this morning; by way
of New York.

Althouglil lmve never shrunk from the assumption of any degree of respon-
sibility which :1 sense of public duty has at any time appeared to me to impose,
yet, deeply impressed as I was with the extent of that responsibility in respect
to the matters referred to in these desp:1tcl|c:i, a responsibility contracted upon
my own almost unaided views, inasmuch as not only my official, but my legal
advisers, were opposed to those views, your Lordship may more easily conceive
than I am able to describe the degree of pleasure and of pride with which
I lmye perused the (le.sp:itehes which it is now my grateful duty to acknow-
ledge. The noble support which your Lordship lms given me will place me in
such :1 position with respect to the people of this Province us greatly to enlarge
my powers of usefulness. It only remains for me to entreat your Lordship to
do me the further favour of laying at the feet of Her Majesty The Queen the
honmge of my lienrtfelt gratitude for the cheering expression, so kindly con-
veyed to me by your Lordship, of Her .\lnjesty‘s gracious approbation of my
humble endeavours to promote the interests of Her ;\Injesty‘s subjects and
service in this Province. ‘ ‘

l have, &c.

(signed) ‘Jr Ilareqy.

«Copy of a DESPATCH from’ the Right Honourable T.’Spriug Rice to Sir




-—- No. ] . -—
(No. 76.) No. 1.
‘Corr of a DESPATCH from Licnt.-governor Sir .4. IV. Young to the Right
Hon. E. G. Stanley, M. r. .

sir, Charlotte Town, 2 April 1834.

I n.-we the honour to transmit nu address from the House ofzlssembly of this
island, pmying His.Maje-.=ty to grant to this island :1 Legislative Council dis-
tinct from that of the Executive, to be composed of‘ gentlemen possessing a
knowledge of the wants and resources of tlieeolony, and who hold no situation
or oilicc oi‘ eniohunent atthe pleasure of the Crown, thereby placing it on an
equal footing with the sister province of New Brunswick.

I lmve, &c.
(signed) A. W. Young, Lieut.-governor.

Enclosure in No. 1.‘ ‘ EnClusurein.\’o,1,
T0 the Kiug’s most Excellent Majesty:
The humble _Adtlress of the House of Assembly of Prince Edivard Island.

Most Gracious Sovereign, ,

W2 Your Majesty’s faithful subjects, the Commons of Prince Edward ‘ Island, in Colo-
nial Parliament. assembled, impressed with feelings of loyalty and devotion towards Your
Majesty’s royal person and Government, and being perfectly assured that \’our Majesty is
ever desirous to know the wants of your people, in order to exercise your royal beneficence
in relieving them, beg lenve most humbly to address Your Majesty on a subject with which
the future ivcllhre of this colony is intimately connected. .

That the constitution oi‘ Your i\’Injesty’s Council in this island, composed as it is of nine
gentlemen (six of whom hold situations of euioluineut (it the pleasure of‘the Crown), who
act both in o legislative and executive capacity, and one ol’ whom, at least, is also the legul
adviser of‘ Your Majesty’s representative, is considered incompatible with the lieedom and
independence of the second bmuclrcl‘ the legislature; nud that such extensive powers con-
ferred on so few individuals, however trustworthy or respectable in society, are coutmry to
the spirit of the British constitution, is what the House of Assembly most humbly submit
-for Your l\l:\_icsty’s gracious consideration.

Relying with conhdcncc on the paternal regnrd ever inoliifcstcd by Your Mujcst towards » .,
all classes of your loyal and devoted Slll)_]‘CC!3,-\\’llerc\’8l‘ resident, and Your l\lajesty’s ‘
anxious desire to preserve in its greatest purity the true principles of the British constitu-
tion in all urts.of your extensive doininions, the Assembly most humbly but cnnicstly
pmy Your a esty to grant unto your faitliful and attached people of this island rt Le-
gislative Couuuildistinet from ‘that of the Executive, to be composed of gentlemen
possessing a knowledge oi’ the wants and resources of tliecolony, and who hold no ‘
situation or oflice of euioluutent atvlhc pleusure oi‘ the Crown ; there-by placing them on an
-equal footing with the sister province of New Iirnnswick.

(signed) W . Jl‘Nei1l, Speaker.

House of Assembly, Prince Edivnrd Island,
25 March H1214.

(N°- 7-) —-N0′ 2’ ~_ No. 9.

A. W. Young. I

sir; i Downing-street, ‘30 July 1834,

I have the honour to ztckiioivlcdge the 1-ece}ipt of your despatch, No. ’78, of
the 2d April last, transmitting an addres 2 to is Majesty from the House of
iidslsenfibly, praying the estabhslmieut of two distinct Councils in Prince Edward

son . . ‘ u ‘ C – – ‘ . .

:’i’79~ ‘ i I ‘.I‘1.3 ‘ vi 2 ‘ ” ‘ You_


u1)\\’.\u1) V


Nu. 3.

LVU. 4.

also liccatisi: I very soon lmeznnc :.\u“.n’e that an ulterution in the construction ol‘

73 COll1{l§.5l’ONDE.\’Cl§ R.ESI’ECTl:\’G Tl-IE GO\”ERN_\IEi’T 01’‘

You will nmpmim the ASS(‘llllJl)’. at their next uni:-ting, flint their &\(llll’L’S.= has
In-on l’Cl’L’l\’L‘(l zunl lniil zit Iln: l’uul.ul’ the ‘l’ln’oue; but. that, ulii-r the fullest
ilulihmuiliuu \\’hi(-lx flu‘ suliju.-ct. ennlnl retreivv. l i’r_:1’er. that l lum: not felt Inyst-ll‘
:1llil.ic1’Iy In :ul\’ise ‘llis. Mu_ie. .~’:uue tiniu point out In the Asseinbly an errur nnilex‘ which they nppeur to
l:|l)m1l’. \\’lXlI respect In the composition of the L “lzitire Council in New
Bruiukwieli. Frmn llll! <_’Ull(‘lH(llllg‘ pzxsszigia ml‘ their 1 ililress it mny he l)lll!l‘l‘L.'(l, that tliny suppn;~:u all piar.-‘nus holding nllieiul situations to lieimces:-‘:1i’ily excliulml lunn that Council: xvliich is not the case in point of fact, and which llis 1\‘l:i_iestys (.im’er1nuem \\’oulil deem nmét uhieetionnlalu in principle. > . l lmve, &c.

7′. Spring Ificu.


(1\-W3‘) —— No. .3, ——

CUP)” ul” .1 DESPATCH ll’0Ill Lunl (Ila-1142/g to Licutcn:n>t~go\‘m’nur
Sir C’. A. l;’I.[Z1I,0‘I/.
Sir, _ ‘ Downing-street, 13 Mu_y1S:17.
~’ ‘run an: nlmnt fu proceed to l’1’in(‘e .l3<l\\‘m’Ll lslanul to EISSHIHU the govern-
nn-ut, I think it riglit, lyelbre. your ilepnrture, rumll your nttuntion to n snhject

V which in the nlln-r Nortli J\lll(‘l’l(‘1Ill Cnlunics lms lzntcrl.-,’ ciumgeil nnuth oi‘ the

pulillv :i1I«-miun; l nlludu to the cnnnpusitinu 0|” 1lieLL’g‘isl’ we Council.
It has lH‘A‘lI stntt-ll in some. of tlmsu colonic.» thnt. lln: manner in whiclx

‘ .~«-l<-(-tiun.= lo)‘ the Lugisl:ui\’e Cuunuil hnve been nuule has not been such as to

ei1gu;;ulin’tlint l,)lMl_\_’ Iln: pulvlic cunlitlence; that tlwse uppuintxnent.-s lnu‘c’in
;;‘mu.-rul l|l‘L‘ll too much vuufiiictl to u pz-.2’ticnlur class of persons, l’1’eIpu:ntl_y
4‘lllllI(‘L‘i(‘ll m_<_;(-Ilun‘ l.n’ liuuily ties, untl not po iug uny essential stake in the
m:llin’:.- til the enlui ‘_ . In other instance: it hu.~. he-en ruprcseiited thut A large
portion of the n1oml;cr.~’ of the Council have l.u:en gentlemen holding appoint-
Ineuts an tlu: pleusiii-u cl’ the Crown, zuul tlu-refore destitute of that indepen-
ilenue ul’ L-iritinnstauces which is mlizll to the due perl'<,\rni:mcc of their func-
‘ ‘ ln’nll cases wlicre compl. ms of this nature lmve been brought l:cl’ur<:
His l\’lujest_\”s Govm’ument, xnensures lmru been ml0)l.L'(l_ by them for intro-
(lI1L-iligillm the Lt-gislzitirc Cnuncils in greater niunber ol iinlcpeiulent gentlemen,
on \\’lloSu L:lI.’ll’:Il:li(}l’:1lI(l abilities the public lI1lglllZ5I|lCly confide.

I inn nut nhle to sz1\’,on any ulliciul authority, whether in Prince Etlwurd
l.~:l:nnl any groniul exists for complaints similar to {lll)S(!’\\‘lllCl| hzwe been
l‘c(‘L’l\'(.’ll ii-nm ullinr quurtars; hut I lieg to direct your early attention to the
snlijaet. in onlcr that if miyilvl’ct:ts in the composition nf the Council of that
culnn_\’ shoulil appear to you to \\ uken that public eoufitlenec which ought to
ntlzwli to it, you may furnish m curly as possihh: with it full repert on the
suhject, in ul’llm’ !ll2|Llllll1lC(llHl(.‘ .reps xnuy be taken for uscerlaining in whnt
uiuum-1‘ this evil Iml_\’ he )‘(:m(‘lll(.'(l. ‘

l lmve, Sac.
(signed) Gloncly.

. -— N0. 4. —~ .
l‘ix’ru.u:1′ of n l)ESl’x\TCIl lloin LieuL.—go\’uruor Sir C’. /1. 171′! 0}] to Lord
G/um,-I_:/; kl-‘llt’Ll Ci(n\’Cl’lIll1cIIl. l’lou<(.-. |’1~ince E(l\\’:n’il lshnnl, J11 :\l:‘u‘eli 1838.

– ;\’rtl1c n:rp1u’~’t ol’tlu:Ilon.<e.ol‘ 1\..rCIlllIl‘}’, l linve tltc huuour to trznlsmit to ‘our
Lui-ilsliip an nrhh to Thu Queen on the sIriu:tim_- of the council of this is und,
L’l)lllpliIllIll1§;’ 01′ the liinited mnnher 0|‘ its iiieliilwi-<, und the uinlne proportiun
lmhliug ullice under the Gu\’ennIu:nt,’uiul p1′:n’1n_
pl(‘:1r4L’Il to ;,v;x’:uiL to this colony at similar mudili inn in the luriu ul’ its local
nniunt to tlmt. \\’hiuh has l’L‘UCllll_\”l ken plznte in Nova Si.-oliti.

l ail 1(lU]ll)’$L3lli’.llC lIunmn”to tnuisliiit unuililrc ‘mm the House ul’1\ssciuhly
‘ iug my influence u’itli,y0ur l.0l’ll llll in l’ni’tlio.rnncc of their
. 1;; the confidence they um pluusud to I‘cpu’:ic in my n¢lminis-
mitiou ul’ this govcrinuent. ‘

On my $ll’|‘l\‘Zll in this colony I considered itnni: ol’ my first duties tn give. this
:’lllJ_l(.‘Cl. ihe most. serious attention. both on nceount ml‘ the instructions I receiveil
hefure l left llnglnml in your LurLlsl1ip‘s tlespzneh olthu lath Uny (No 3.), and


that Her Méljcsty will he –


the Council was earnestly desired by the inhabitants, a desire which has been
much increased by;:es which have recently taken place in the councils
of the adjoining province of Nova Scotia.

Your Lordship will perceive that lllO‘fl(l(.ll‘C5S prays for “ 1lSt.‘[)l.1I1X!l0ll of the .

Executive from the Legislative Council, and the introduction into those l)Ddi(5
ofpersons from the several parts ot”r.liecountr_v, representing its leading interests ;”
and it. is my duty to state, that without this scpartttion takes 311160, the wishes, not
only of the House oi’iAsscmbly. but of the colony at large, will be disappointed.
Should any changes he decided upon, the present would be the best time for
carryingtlicm into ctlcet, as, according to the constitution of the colonygthc
present House of Assembly must. be dissolved before the end of the current year;
and that adhering as closely as circumstances will admit to the instructions given
by your Lordship to Sir Colin Campbell for etlectiiig the changes in the councils
oi Nova Seotia, and as the least invidions mode of carrying out the same principle
in this colony, authority should be conveyed to me to d lve the present Council,
and to form an Executive and Legislative Council distinct from each other.

– I would propose that the Executive Council should consist of nine members, as

at present; and that the number for the Legislative Couneilishould be 12, in
order to meet what, appears to me to be the general wish, and with a view to its
cllieieiicy; that in lo1’1ning_v; the EXl3Clltl\’L’ Council, six of its prescutmembcrs
(including Mr. Breekeu, who is not connected with the Government) should be
reappointed, and three selected from the House of Assembly; and that in
Forniiug the Legislative Council_three of the members of the present Council, and
ofiicers of the Government, should be appointed to it, and the reniaiuing nine
selected according to the prayer of theaddrtss from the several parts of the
colony, and representing its leatliiigintcrests, without reference to any particular
party or influence.

With regard to the Executive Council, Ifido not think it wouldbe either advis-
able er practicable to form it without the number of government oll‘icersI have
named; for setting aside’ the necessity that the Lieutenant-governor should be’
assisted by a sutlicient number of heads of departments, and persons conversant
with the business of the Goverinncnt; your Lordship will readily understand that
in _a new country, where every individual has to gain a livelihood by his own
exertions, although a suflicicnt number of‘ persons .may be found willing to give
up their time gratuitouslyto the public during the usual period 01′ the session of
the Legislature in. the more idle tiuic‘oi’wiuter,”et few or none could afford to
or would wish to be called upon to attend the sittings of tlie‘.Executive Council
which oecnrtltrou hout the year; ‘and this I conceive to be an additional reason
for separating the ouncils. I have proposed the three members from the House
of Assembly, because it would be a great convenience to the government to have
some meinbers connect.ed.with it in that house who coulil’c-xplaiii its measures,
or correct any mistakes or niisuinlerstandings which might possibly arise, and
much time. would be saved which is now wasted by the dilutory process oi‘ nuts-
sage. Iwould also suggest to your, Lordship, tliatl should be allowed to select
these members after seeing the result of the next elections. = . .

It is proper that I should state that the’Conneil, up to 183G, consisted ot’10
members, including the Bishop of’ Nova Seotia. In t.hat’year two vacancies
occurred, only one of which was filled up; therefore I trust that lllllC’il)l‘ the
Executive, and 12 for the Legislative Councils, will not be thought too eat a
number of members; particularly if the Iloyal Assent. is given to -the e ection
law recently passed for increasing the representation in the House of Assembly,
and which I shall have the honour of transmitting in a. separate despatcli by-the

present opportunity ,
.The names ofthe members of the present Couneilare as follows:
I E. J. Jarvis, Cliiel’Lli1stiee. .
Bishop of Nova Scotia. ‘
George W right, Surveyor-general.
Amh. Lane, I‘own-nnijor.
T. H. Haviland, ‘l’rcasurer.
Robert Hodgson, Attorney-«renoml.
John ‘S. Smith, Collector of mposts‘. ‘
George R. Goodman, Collector of Customs.‘

– John Breclccu; ‘ ., . ,
579- ‘ ‘ – . ‘L4 , i: _ _ or



i-Ti-.rI. 2, in No.4.

l’ in No. 4.



‘ tliesc I wunlrl iiropuse l0\)1llll. in the E.\’eciiIi\’e Council the Bishop of Nova.
bcuuu, the lU\\’Il-IIIZIJOI‘, and the collector of iiuposts. ,

In consu-uciing the Lcgi.~:lntive Council. I would retziin,
Thu ‘l‘I‘e.’isiirvr.
The A ttoi’Ii«:y—gL-iieml.
The Collector of Customs.
Mr. llrcckcn.

‘I lizwi-. selected the three first, ofl’icers of the GovermneuI,vl)oth liecanscl
5llOlll(lfi!l(l it iliflicult to form an ofiicient liegislmivc Council without them; und
that posses.-aing much guueml kri-Jwleilge znul local experience, and being men of
iudepenrlcnt princ-iplc.<, and much looked up to’iu the colony, I think their
uppointrmmt would be genemlly zieceptuhlc. ‘ ‘

I would zit the smile time I’C(]ll(‘.~‘l. your I.Ol‘(lSlll|) to eonl’e1’tlie same boon on the
two geiitleiiieii [propose to omit in both (kninuilsns \\”.LSl)l§Sl\)\\'(3llUllll‘1058lll’ll.lC!.‘
similar circunistmiccs in Nova Scoliu. by perniiniug tlieiu to retain their present
Innlt nml prccetleiice in the colony. ‘

Wnltin-_.r your L01-¢lsliip’s furtlier instructions. on the suhject of this despatcli. ‘

Enclosure 1, in No. 4..

‘l’-J the Queen’s Must Excellent Majesty.

i\lny it p|cn.~:e your Mnjesty,

Wis, your ;\l.’ijesty’s dutiful and luyal subjects the rcpreseiimti\’es of Prince Edward?‘
Islmill, in General Assembly (.‘Dll\’€llCll, humbly beg to represent to \our Mu_iesty that the

structure of the Council of this island, coinposcd as ‘.1 is of only eight-persons who me,
with one exception only, hcmls ol’ dupnrlnieuts ll0l(ll L;
exercise leg” tire, ju¢lici.’il,nnd e.\’ecutive functions, is defective in principle,.at vnriuricu
with the constitution oi‘ our common country, and by no means calculated to scbiire that
cnntirlmce which um sccnllll hrnnch of the Leulsluture ought to possess, nor to promote the
true interests of the inlinbitnnls of this colon)
The Ho .
anxious de.sire gincioiisly unniif led by Your :\lnjcst_\’ [0 meet the wishes and to cane ‘ he
the aitlbczioiis of the people 0‘ oval Scnlizi, liy -vrnnting ll|eni.sneh alterations inthe insti-
tutions ofllim. province as its circninstnnees required, are thereby e’neoui’:iged to hope that
Your ]\Iu_j will he graciously pleased to gmur to this colony n siinilur niodifienlion in
the lbrni o ‘ local gorernnlent, by a’sep:nntion of its executive from the legislative ueun—
cil, zuul by the introduction into those, bodies of persons from the‘pnrts of the
country i‘epi‘e.~:ciitiiig the lending interests ul’llxis province. as will tend to confer on them u.
_Lfren1er clnnn In the cnnfiilcnce ul’thc L-onnuunity ul large.
‘ (signed)

Geo. Dulrymple,

House ofz\ssembl_\’, 3 .\lnrch man. Speuker.

Enclosure 2. in No. 4.

To his lixcellirncy Sir Cluzrh-.9 Airm/stirs 1-‘i1:Ro_v/. K.l|.. ‘I.irnitennnt-Goszernor and Coni-
nimulcr-in ‘liieI’ in and o\’er‘1′{r-r :\lnjesty’s lslunrl Prince’ I’.’rIu-uni nnd its Dependencies,
Chancellor,.\’icc-:\<linir:il, and 0l”dl|){ll‘_\’ ofthc s:ixiie,&L‘.‘&c. Sic.

May it uleusc your l’Ixcellenc_\’, . _ ‘4
Tm»: Ilousl: oi‘ As.-‘cnilily lin\‘in«,; prepared an address to Her Most gracious l\‘I:iJest on

tli lalllnll, respectl‘nll_\* request that your Exeelleiicy will take the earliest opportunity of
Ii.u’\\‘:|rding the sxune, to be laid at the foot ofthe ‘l’lu’une. The House, fully relying; on :1
eoutinuunce of tliat-uneensing desire which your Excellency hns hitherto on?nll’ocousiun.~4
iiiaxiifusled to udvnnce ‘and proiuole the welfnrc of this colony, trust that your Excellency
will add the weight of your personnl influence in obtain the olfects of their address; and
2.-lwuld your 1E.\’cellenc_v be called on to carry into ‘etl’eL-t unv clnuiges wliieli Her Majesty
niny In: pleaised to direct, the House of 1\S§l!|ill)l_\’ feel eonlii.lent that the lucul knowle-lgr-.
wlneh your l: cellency hns spared no pains to ncquircof the vnrious interests oftlie inhu-
hirnnts uflhi slnnd,\ ‘ll enable you to ninke such armngeinents as will be hcst e:1leiil;il<:rI
lo estuhlisli ll i~es.ponsibilit_v in the institutions oi” the colony, and thereby ‘confer a permu-
nent und lusting henefit on all classes of the eonununity.‘ i _ 4 ‘
(signed) -I Geo. Dalrymptr.-,

‘ , Speaker.

House of Assenibly, 3 March 10:18;

ollice under the Go\’enunc_nL rind:

c ul’Assenibly hnvi 1″ observed with much sntisfaction the ready attention ‘.Lnd.

l)_lCCl ol’ _tlie’constitution und structxire. of the Executive and Legislative Counei 5 of”

i‘ all parts of the islnnd, and representing its principal interests. r


l -—- No. 5.-

Corv of a DESPATCH from Lord Glenelg to Lieutenant-Governor
‘ Sir C. .4. FitzRoy. ‘ F .

Sir, Downing-street; 4 May‘ 1838.

I nun received and have laid before The Queen your dcspatch of the 10th ,

March, marked separate, enclosing an address to,Hcr Majesty, from the House

-of Assembly of Prince Edward Island, complaining of the present constitution of

the Council, and praying, that in conformity with the course adopted on the
some subjectin Nova Scotia, the‘Exccutive may be separated from the Legislative
Council, and that persons from the several parts of the country, and representing
its leading interests may be appointed to those Boards. ‘ ” – .
Her Majesty lms been graciously pleased to accede to the wishes of Her faith-
ful subjects in Prince Edward Island, for a separation of the Executive ‘and

“Legislative ‘Council, and nlso to approve of your proposition, that the Executive

Council should in the first instance consist ol‘ nine. and the Legislative Council

of twelve members. The necessary instruments for ctl’ccting this change will be v

prepared as soon as you shall have furnished“ me with a list of the gentlemen

‘ who, in your opinion, are most ro er to be appointed to the respective Boards.
ll 0 course select those who from their character, .

In preparing that list, you wi p
thcirattninments, end their standing in society, appear to you most likely to
command the public rcspeet and confidence; and you \vill so govern your selection
as to ensure us‘ much as possible the presence in our Councils of members from

I observe that among those’ members of the present Council whom you pro-
pose to’ retain in the new Executive Council isthc chief Justice of the colony;
this is inconsistent with tl1e course pursued in the other North American provinces,

. and with the avowed policy of Her Majesty’s Government on the subject.

, Fully sensible of the assistance to be derivedl’rom the general kno\t’ledg}e and
experience of the judges of the respective colonies, Her Majesty’s Government,

nience of involving these ollicersin the discussion or party politics. ‘ . .
– Accordingly, in the late reconstruction” of the Councils in ‘New Brunswick and”
Nova Scotm, and in the renewal, on.the demise of the Crown, of-the commission

‘ of the Governor of Newfoundland, the chief justices. and other judges of those

colonies, have been omitted from the Councils ; Her l\‘Iujcsty’s Government ro-.
pose to follow the same rule in Prince’Edwurt|’s Island; but Mr, Jarvis wi l of‘
course undcrstzmdtliat the-omission of‘ his name from the list of councillors is
unconnected with any rel’erence_ to liinlselfpersoimlly, but is made in deference
to is general principle applicable to all the British colonies in North America.
At tlieysnmertimc Her hlujesty-lies been leased to command that the chief
justice and other members of tlieformer ouueil who may be omitted in the

new l3onr(ls,_ shall retain the precedence insocioty, und the.titulur distinction .

which they previously enjoyed. – ,

~_ , .You_stnte that it would be a grant convenience to thegovernment to have

some members connected with it in the House oi’.Assembly who could explain

“its measures. and ‘thus save the ,’time now consumed, by theidilutory process of
. message. rHer Majesty’s Government do not deny the advantage ofintrotlucing‘

into the Executive Council some’;mcnibers of the Assembly, and there can. be

little doubtthat if those members were-authorised in the Assembly taexpluin: ‘,

the views of‘the government, some time‘ might be saved: but, there are: other

objections tosuch an arrangement, tlieniost important of whieh*you will‘find ”
stated in the Third Report of, the Canada Commissioners. 3It ,must’tl1ercl’_o’re;
I begconsidered as an imperative rule,‘not\vitli’st2indiu thcipresencein the Lcgis- –
V lntive Council and Assembly of. some 1nembcrsvo_l’ t rellixecutivel Council, that
‘ »all_fcommunieations from the Governor to eith
‘ narrow by mess We.-

er of these houses should he mo.’dc

. v_ _ v I.hnve,&e. I
jp ‘ (signedlz: ‘ Glenelg.


No. 5.

, have yet-felt that this advantage is more than counterbalanced by the ineonve- j _ ‘


No. i.



——No. 1.–

(No. 15.)
C oi-Y oi‘ a DESPATCI-l l’rom Lord (7a(Icrich to Gm’ernor Sir T. Caclirmtc.

Sir, . Downing-.=ti~eet, 27 .luly 1832.
.l H.\\’E the honour liercwitli to tmnsmit to you His Majesty’s C01l_Ilnl$Sl01l
lIIl(l(‘l‘ ihe Great Seal. appointing you G0\'(‘.Yn0l‘ of the Island oi’ Newtbinidland,

‘togctliL-r with your General Instructions under the Royal Sign Mmiual, referred

to in that Coiiimissimi.

As this is the first. occasion on which provision luis been made for cnnveiiing ‘

– ‘ lzitive .-\ssenil)l_\j for the islniid of Ne\\’foiiii(llaml. the iniportancc oi’ that
re requires that I :‘lI0‘lll(l not. limit niysell‘ to the merely forninl duty of
plnciiitfyoii in possession of these iiistriimeiits, but, that I sliotilrl shortly expluiii
the groiinils and the natiiro, of the policy by which His i\Iajesty’s Couuci s on
this suliject. liare been directed. ‘ ‘

lr were .=uportliiou.< attlie pres:-iit day to inquire into the ivisdmii of that. S}‘>‘l(€Hl which was piirsiied for so many years towards the ancient colony uiider
_\’Ulll’ gnveniiiieiit, the fiiiidaiiioiital principle ct‘ \\’lllCll was to prevent the colo-
ni’/.atioii oftlie island, and to render this kiiigiloni‘ the dnniieile of all persons
i-n_r_:uge«| in the Nc\\’foIln(llml(l fisheries. ‘l‘lic common interest or convenieiice
of those persons »\’irtuall_\’ defeated the restrictions of the various statutes re—
spz-eiiii_g thvni, long licfore Parlinnieiit admitted the necessity of repealing those
law.-. A colony gi‘:ulu:ill\_’ settled itself along; the. shores of the island. and has
of lull‘ wars ?l$§ll1lIt'(l a rank of no iiiconsi ]lfiF.‘O ll’lF of the British Crowii ; lint. iiotivitlistiiiuliiig the growiiig population
mid the \\’L’i\llll of NO\\‘lhlI]1lll:lIltl. no plan has hitherto been adopted for regu-
latiiig such of the internal afliiirs of the colonists as demtnirlcil the emictmeiit
of laws .‘l’N‘(‘ll’lll_\’ iiilxiptc- templated the erectioti 01′ corporate towns, with the power oi making liye-laws,‘
tin‘ reiiietl_\‘iiig this lll(.’0ll\‘(3lll(:llC(5; but on nttcniptiiig to carry this design into
<‘l‘li’ct. iiiifori-semi obstacles: were eiicouiitered.’ ltvwas found riltogetliei‘-im~
pm:-ticalilc to l’t’t?0l1Cll(‘. the coiiti°a(lietoi’_v wishes and recomineiidtitions of the
p:tl‘ll(‘!~’ who woiild have been more inimediately affected by the measure; and
it lN'(‘i|lll(.‘ evideiii that the hoon wliicli it was proposed to confer would he
rec:-irml by a ;;r<.-at. ll(t(l_\’ oi’- the iiiliailiitaiit.-t, not as an act oi‘ grace, but as an -iiifriiiguiueiir of tlicir i’iglit.s, iiito wliiitever Torin the‘ intended clmrters might have. liceii tlirmvii. Tlll‘. L‘()llSl‘.qllC1lCL‘ was, that His Majesty l)GCi’ll’ll(.’ pi’acticall_y unzihle to t‘.\’l‘L’1ll(: ilie trust wltiuli l’iii’liauieiit luiil confided to him. Tlie iiect pl _\’ of $01!“: provision for regulating the iiiteriinl coiicerns oi‘ Nuxrtbiiiiil .iiil liy eiiuctiiieitts ailapted to the peculiarities of their local position liecanie liowerer fl1IlVl\” more and more cvitlent. Uiirrying with them from this king- duin the liiw Lit‘ Eiigliiiitl, as the only code by which the rights and duties of the penple in their rehitioiis to each other, mid in their relntioii‘ to the State. could he usccrtaiiied, it. was obvious, as soon as the cnlonv began to assume it settled fni-m. tlin: the iuhiptutioii oi‘ that code to the various exigencies of the local society was attask deiiianding the exercise of nincli retlcetiun ziiideaution ; that YIHln_V‘0f its provisioiis. were entirely inapplicable to the wants of a population so peculiarly situated ; .and that niziny more could be applied -only by a distuiit: zuid iiiicei1:iiii approach to the original stniidnrd. , Hence‘ it occurred tlint; in the azlniiiiistrzition oftlie law, tlie-jiidges virtually assumed to themselves.l‘une- tiuiis i’:it.lier legislative thuii jiiilicial; and undertook to determine not so _miJi’cl1 what the law actually was, as wliiit, in the condition of Next-foiiiitlland, it ought. . to ll(_‘. For this assumption of‘ pom.-“r no cuiisurc attaches to those leiirucd pi-i-soiis: \\‘)ll|0lIl. any positive rule of decision, iiotliing reniiiincd for them but in engage lll suclitni tnq1iil’y; yet the practical lYIC0ll\‘CIll(‘llCC was not [he loss urgent, nor the atioiiialv the less glaring. . 1:’ , 579- NOVA SCOTIA, NEW BRUNSWICK, &c. ‘ It was not, however, merely in the absence of rules, which this latitude of judicial interpretation might supply, that the public detriment was sustained; there were still wanting other regulations, which no judrre could either invent or enlbilec. ‘]Espccially in wlinitegeg related to police apd mternladl {‘)mprover§ents, dcmmuing tie co-0 eration o i erent ersons, not lln cou e carrie into ell’ect, which any ind)ividual found‘ an adgquate reason gr opposing, or which he opposed from more caprlcc. I find that in a matter so trifling in appear- ance, and yet affecting the comforts of so many, as the prevention of domestic animals wnndering at large through the country, an earnest application was made to His Majesty’s Government to obtain an Act of Parliament for the redress of the grievance endured by the colonists. Although it was thought im roper to encumber tlie3British statute-book with such provisions, yet it was fulyadinitted that the could be supplied by no other authority; and the pppliczition itself} forcib ylilllpstrsited the inconvenience of so remote in society ieinrr ( estitute 0 an ‘ loca enris ature. Itonmy seem, lidwever, siiiierfluous to accumulate reasons in proof of the propriety of establishing in l\’ewl‘oundl:’md that form of constitution which generally prevaills throughout the]. l3ritish Transatlantlic} cltgonies; thre] difiiculty would consist rat ier in findinrrva l( ar uments or wit 1 to in r it. ie reason- able presumpltion seems to bcfdtliat a sygistem [pf coIlorx1\ial oxeifnnient wliilecli has been attcnde with so man a vanta es in ritisi orti mericn, wou ro- duce similar benefits at Nellvfoundlargl, if transferred to that settlement. do not llllf.l(;.3€f(l mealn tod deny that some cgnsitlelptble l.llC(;llV€3Xllt3XlCBE has occzpsionaltly resu to ram 2 ie :1 0 tion, in t iose eien eneies 0 teat main, 0 cons 1- tutionsniodcllcd ink]: aminiature resizmblancc of our, own; but Itknow not what is thesystein of wliiclrtlxe some mi ht not be trul asserted. It is suf- ficient to say of tliesclteine of internal po ity in lbrce in ova Seotia and New Brunswick, that in all the colonies to which it has been extended, it has inva- riably secured the attachment of the people, by givingvthezn a larrve share in the rnnnagenient of their own atlairs; by aflbrdiiig an open field for the free exercise of‘ talents and public spirit; by providing liouonmblc ambition with u legtimate object and reward; by insuring immediate and careful attention to the various exigencies of society; and by iromoting a Frugal and judicious administration of public atlairs. With the single exception of those colonies in which the people are separated from each other by distinctions analogous to those of caste, representative Assemblies are not only recommended by abstract considerations drawn from the genius and princi iles of our own Government, but by -it long C0lJI‘S(!y0l’0X])CI‘l1nC)’li.S1)llTSU(Z(l un era great variety of circum~ stances, but still leading to the same general result. In advising His Majesty to convene an Assembly from nniong‘ the inlialiitants of Newfoundlmid, Llipve tlierefipe not yielflled mysellf to the} guidlancel of any ini )X‘0\’0(l theor ‘, but rave sim) ‘ extendc to anot ier of tie co onia posses~ siolis of the Cl?0\\’l1 principles ivliicli have been elsewhere brought to the test of repeated and successful experiment. Yet I do not conceal from myself nor wish to deny, that the duty which you will have to perform will be attended with some dilliculty, and that you will have liirge scope for the exercise‘ of cir- enmspcction and industry. In the first execution of such ti design, many questions will probably arise which it were impossible to anticipate distinctly. .l’roin the novelty of the duties cast upon them, V and from their inexperience in‘ civilbnsiness of that nature, I can foresee that tlieiretnruing otiicers, the voters, and the members of Assembly, may all in souie instzinees misapprelicnd tlietiiiictions which they will have to disclmrge, or the proper mode of. pro- eeeding»l‘or the methoiliczil and accurate discharge of them. 5Cautiously abstaining from the appearance , of nsurping any undue autliority over matters properly falling within the eognizzuice of tlie’Assembly,-you will yet hupronipt >to -.ifl’ord to all pai_ticsvwhatevei’ counsel or assistance you can render. tliem,~to

obviate difficulties of this nature.‘ It cannot be made tooapparent thatvthe
boon which has been granted» is. seconded by the cordial goodwill and co-
operation of the Executive Government, and -that the House-of Assembly is
regarded, not as a rival power. but as a body destined to co-operatewitli your-
selfiu advancing the prosperity ol‘th‘e settlement. . .. ‘

For your own «uidnnce it may be right to obsei-ve,’:that colonial assemblies.
us they derive their general form from the inodel.-of l£llC’Bl‘ltlSll Houseof Com-
mons, so they have drawn their rules and system of proccdurcj froinuthe seine



source. The distinctions are of‘ course both numerous and inipoi’tant,‘and grow ~

‘ v M2 V j

out ‘

‘ LA ND.

responsibility, and to deprive the representative body of some of its most


out of the dissimilarity of the circumstances of the representative bodies of a.
small colony and of an extensive kingdom; but in general the analorr ‘ is main-
tained, and therefore the laws and rules of Parliament, as modified by the
exigencies of‘ the case, mav be taken as the safest guide for the conduct of the
Council and Assembly, and for your own proceetlinrrs towards them.

As ‘min as conveniently may be after your arrival in Newfoundland, you will
convene the Council, according to your general instructions, and arrange with
them the whole course of proceedings to be adopted for giving efl’ect to so much
of those instructions as relate to the com-citing the Assembly. Especially vou
will consider the proper forms of the writs to be addressed to the returning
oflicers, the proper places for holding elections, the most convenient times at
which they can take place, the necessary arrangements for the reception and
accommodation of the legislative body at the town of St. Jolin’s. the most cou-
venicnt method of opening the ii t session of the General Assembly with appro-
priate and deeorous soleinniti
attention should in the first instance be directed.

In conloritiity with the precedents in use on similar occasions, a proclaniatiou
has been approved, declaratory of the future system of government to be observed
in the colony. This proclamation _vou will cause to be circulated in the most
public manner as soon as conveniently may be after your arrival.

lt has for the present divided the country into electoral (listricLs, and has
determined thenumbcr of 1’IlGIl1l)L‘l‘5v\\’l)0 are to be returned for each. These,
ll0\\’C\'(.’l”, are topics on which it is very probable that thc inl’ormation I have
been able to acquire in this kingdom may be erroneous or defective. Any other
division of the country which may be more generally convenient, and any other
arrangement of the number of representatives for different districts, which the
Council and Assembly may deem more advantageous, will be the fit subject of
le is ative enactment. No change in the constitution of the House, or in the
total number’ of members, can however be effected, except with His Majesty’s
previous approbation, and in the manner indicated in your general instructions.

In accordance with the uniforni course oi‘ precedents, vour Commission con-
stitutes a Council which will iarticipatc with the Assembly in the enactment of
laws. It is not, however, to c denied that this part. of the established system
of colonial legislation has been practically found to be attended with some
serious tliflicultits. The members of Council, deriving tlieirnutliority from the
Royal Commission, have not seldom been regarded with ‘ealousy and distrust
by the great body oi’ the people. Their elevation in run and authority has
but too often failed to induce a cowcsponding degree of public respcct. Even
the most judicious exercise of their powers has occasioxmlly worn the semblance
of harshness when opposed to the unanimous or the predominant opinions of
those to whom the colonists looked with confidence as their representatives.
The Councils, it must he confessed, have not uniformly exerted themselves to
repel or to abate this prejudice. The acrimony engendered by such disputes
has sometimes given occasion to an eager assertion of extreme rights on the
port of the Council, and to a no less determined denial of their necessary and
constitutional privileges on the part of the Assembly. The Councils have also
been employed as instruments for relieving Governors from the responsibility
they ought to have borne for their rejection of” measures which have been pro-
posed by the other branch of the Legislature; and have not seldom involved
them in d sensions which it would have been more judicious to “decline. Some

of the principal inhabitants of the colony, as well asthc chief officers of the v

local Government, being usually members of the Council, are removed from
the prospect oi’ obtaining seats in the House of Assembly. Even in colonies
in which there is a larger society, and a greater number of proper persons to
become members of the Legislator-c than in Newfoundland, considerable incon-
venience has been found to result’ i’i-oinraising to the rank of councillors the
leading members of the’Asscrnbl_r, and thereby losing their services in that
body.» The want of any member competent to explain or vindicate the course
pursued by the executive authorities has been still more .severely felt:
measures have not untrequently been misunderstood, and it has happened that
a trifling misconception, which a few words of timely explanation would have
removed, h:is’grown’ into a. serious and embarrassing controversy. The effect
ot“1heiusti1ution,tlierctbi-e,istoo often to induce a collision between the dill

fercnthranclies of the Legislature, to exempt the Governor from a due sense of


and, above all, the topics to which their’

ful members. Yet the compensation which might atone for these evils is not
obtained, and the Council does not assume in the colony a position, or an influ-
ence analogous to thatof the House of Peers, because entircl destitute of that hold
on public opinion which the property and independence of its members, as well as
the antiquity of the institution itsoli, confers upon the peerage of this country.
Adverting to these considerations, and to the legislative history of the British
North American and West Indian colonies; I should regard with satisfaction
any arrangement which should consolidate the Council and the Assembl ‘ into
a single House, in which the representatives of the people would be met y the
oiiicial servants of the Crown. An example of this form of government exists
in British Guiana, and is found to possess in practice many of the advantages
which it promises in: theory, by casting upon the Governor an undivided
responsibility as often as he adopts or rejects the proposals of the legislative

. body, and by them all the information and assistance which can be
. rcndered.l)y members otiicially conversant with the various sub_}ects brought

under their consideration. This, however, is a system which prevailed in
Guiana before the conquest of that settlement by Great Britain, and which,
l apprehend, His Majest’ could not establish by the exercise of his prerogative
in Ncwt’oundland. If, however, the Council and Assembly, as established by
your Commission and instructions, should concur in the View which lhave taken
of this subject, and should be disposed to pass a Bill for uniting the two
Houses, with a clause suspending the operation of the law, for the signification
of His Majesty’s pleasure, you will, on His Majesty’s behalf, assent to any such
Bill. Should the design be entertained, I think that the colonial secretary, the
attorney-—gcncra1 and the chief ofiicer of customs would be the most proper
persons to hold seats in the Assembly, by virtue of their oflicial situations:
they would be enabled to explain the views of the Executive Government upon
the principal points which could be brought under the consideration of the
Legislature; and the introduction of so small a number as three gentlemen
nominated by the Crown could not be supposed in any derrree ‘to control its
deliberations. Upon this point it is only necessary to add, that the Bill should
be so framed, as, in depriving the Council of its legislative funetions,_ to allow
of its continuance as a body to which the Govemor.niig’l1t resort for advice
during the intervals between the sessions of the Legislature, and upon other

occasions when it might be convenient to him to do so; for this purpose, hew- ‘

ever, anumerous body is not required,‘nud I have, therefore, at present only
recommended to His Majesty one gentleman, not holding any oflicinl situation,
for a seat in the Council. The gentleman whom I have selected is Colonel
Holy, who has been strongly recommended by yourself’, and to whom a dormant
commission will be granted, authorizing him to assume the government of the
colony in the event of your absence, in order that the regular discharge oi‘ the
duties of the subordinate oi’licers may not be interrupted by their being called
upon to assume the temporary administration of the government.

In contemplation of the change which has been ettecteil in the internal
government of the colonv, it was resolved to apply to Parliament to continue
in force the Acts by which the celebration of marriages, the administration of
justice, and the conduct of the fisheries are regulated. Bills are now pending
fortliat purposeyand will, l trust, be shortly passed into law. The Marriage and
the Administration of Justice Acts, being matters exclusively of local concern,
-will remain in force until the local Legislature shall see fit to repeal or to alter
-them. If the Council and Assembly should think that any change is requisite
on either of these topics, the remedy will therefore be in their own hands. The
Newfoundland Fislicries Act affects interests partly. local, and partly co~ex-

tensive with the trade and navigation of the empire at large. It will therefore .

be continued in force for two years} Before the expiration of that time it will
be fit that the local Legislature should bcinvitedtto consider the subject in all its
bearings. So much of that statute as relates to the navigation -undcommerce
of this. kingdommay then be revised by Parliament, with the. benefit of the
assistance-to be anticipated from the labours of the Council and Assembly; so
much, on the otherhand, of-thestntutc as refers to “interests properly local may
then alsobe remitted to-the local Legislature for their decision. ,
“By one of the’ two Bills to which l~ have referred, provision is made for trans-
ferring to the Governor, Council and’-Assembly‘of~‘Newfoundland the appro-
priation -to the public; service of the island of all money levied there under any
-Parliamentary authority. »From- his existing revenues His Majesty has reserved
579- ‘ V M 3 ,


nothing I


,\:;;wpoU‘\-D, nothing for his own unqualified disposal, but has placed the whole under the


No. 2.

control of the local Legislature, with the exception of’a sum which must
be applied for the support of the Governor, the ‘ndges, the colonial secretary
and the atto1’1iey-general. This arrangement will, I trust, ollectually obviate
the difficulties which have been so sensibly felt in other colonies, and satisiy the
iuliabitants of His Majesty’s fixed purpose and earnest solicitnde to promote to
the utmost of his po\ver a wise economy in the expenditure oi‘ the ublic 1’0-
venue,” and to respect the constitutional rig-lits oi‘ the popular branch oi the local

You will observe that the expense of collecting this branch of the revenue is
to be deducted from its gross proceeds, and that these arrangements do not
embrace any part of that revenue which accrues to the Crown in virtue of His
Majesty’s prerogativest Such, for example, are the rents or the proceeds of
‘the sales of‘ Crown lands, eseheats, fines and t’orf’eiturest His Majesty is, how-

, ever, g’uciousl_\’ pleased to authorize you to assure the Council and Assenibly

that whatever money may accrue to the Crown in the island will always he
applied towards the expense of the civil or military government, or towards
objects strictly and e.\’clusirel_v local. ‘

l hope shortly to convey to you the authority of’ the Lords Commissioners of
the Treus1u’y for the upportionluent of that part of the Purliamentary duties
which will be applicable to the support of the public officers already enume-
rated. ‘

I have. &c.
(signed) Goderic/i.


(No. 3.) (0.) i r
Corr of El DESPATCH from Governor Sir T. Coc/iranc to Viscount Godcric/i.

Til)’ Lord, Nexrfonndland, St. .lohn‘s, 13 Feb. 1833.

As soon as the two branches of the Legislature had made their preliniinaly
arrang;eineuts, and were prepared to enter upon business, I transmitted each a
copy of your tlespateh oi’ 27th July last, No.15. the main object of which
was to recommend to their adoption the amalgamation of the two Houses
into one hotly.

‘This document was laid belbre the Assembly on the 9th January, and on,

the l’ollo\\’ing’ (lay the House waited on me with their reply to that part of it
containing the suggestion before mentioned, a copy of which is annexed; and
by which your Lordship will perceive they have at once rejected the recommen-
rlution. ‘

l3etwur.~n the period of my return to this Gorcrnnient and the opening of the
colonial Parliuin ut, I availed mysell’ oi” every i’arourahlo opportunity to draw
the attention of the influential part oi” the conuuunity to the important subject
that would attract the early consideration of the Leg’islature, and the advan-
tages your Lordship anticipated from the union it suggested; and altliouglzl
was apprehensive that the plan did not meet with rreneral approbation, I cer-
tainlyxras not prepared for the prompt and uIi|u:s1t:’iti11g‘ negative which has
been given to it; for from all 1 can learn the question scamely went through the
form of a discussion,‘ having been disposed of on the same af’ternoon;it was
snlnnitted to them. ‘ y ‘

It is not the least singular circurnstanee attending the general tlisapprobation
the measure oi‘ an1alg~.uuutiou has met with, that while all come to the same
conclusion, many do so upon diunietrieally opposite grounds. Those who are
considered here as being democratic in their principles reject the measure,
heeause they apprehend that the infusion of oflicers of the executive govem-
nuint into their Assembly will ultiiuately give them such an ascendancy over its
members, by their superior kiio\\’loLlge and acquirenients, as to control their
proceedings; while another party, who claim to be more constitutional in their
views, are strenuous ‘in their opposition, and maintain that to abolish the
Council and place some of its members in the Assembly, would be bo;establisl1

‘a democracy, as the voices of the few officers of Government thus. introduced,

u-ouldbo at all fimes ‘l)o1’fie down by’the representatives ofthe people, who
‘ ‘ ‘ ‘ would

would not fail to array themselves against those whom they would consider as
having no community of interest or feeling with them. ,
Between the two parties, however inaccurate their conclusions may be, I
fear there is not the least prospect of effecting the object your Lordship contem-
plated; aml perhaps your Lordship will think the time arrived for the consi-
deration of tlieycstablisliment of a permanent Council, as I conclude the
existing one has been viewed by your Lordship only as provisional, until the
result of your suggestion should be known; indeed the Council, as at present
constituted, is at variance with the 83d clause of the Royal Instructions, by
which your Lordship will perceive there are many powers which the coun-
cillor administering the government in the absence of the Governor cannot
execute without the consent of seven, whereas six‘ is the present extent of that
body ; and it certainly will be very desirable that a few of the principal inhabi-
tants be added to it, to give weight to its proceedings, particularly on any point


where the Council may feel it to be its duty to refuse assent to some measure

advocated by the Assembly.
I think, making allowance for abscntc-cs, that the ‘Legislative Council should
not consist of less than 9 or 10, of whom four or five should be selected from

the principal inhabitants; and I feel it would be an advantage if the Governor ‘

he allowed to have an Executive Council, consisting of the senior member and
the ofiiccrs of Government of the legislative body; for it has always appeared
to me an anomaly zliat the Governor should liavc to consult upon the propriety
of some measure, on which he may entertain considerable doubt as to its
expediency, the identically some persons who have already in another place
disposed of the question. Indeed, I would ‘further suggest that he may be
permitted to call to the Executive Council, either one or two other persons
unconnected with either House; such for instance as i;llI3’I’llgl1 Slieriii’, who is
always an important person in the colony, and some other individual who,
from his station or talent, may be calculated for the situation, but who does not
choose to meddle with the politics of the island. . .

It is, Iam aware, the practice in many colonies for the chief judge ‘to be
the senior member of the Council; but I believe I am supported by many per-
sons well versed in colonial affairs, in the opinion that it is not advisable he
should form a part of any political body; in the first place, it interferes Very
much with his other important duties; and secondly, the conduct it may lead
him to ol.-serve irrhis political capacity, is apt to bring him into_ collision with
the’ inhabitants, to whom it affords an opening to ascribe impro icr motives to
his conduct on the Bench when it may be at variance with t eir prejudices
and views; and your I.ordsln’p will agree with me, that ‘it is of particular
importance in a colony, where, unlike the mother country, the judge is per-
sonally known to, and more or less brouglit into contact with the people, that
he should stand entirely aloof from every thing but his own particular duties;
and I have every reason to believe the present chief judge is of the same
opinion. It would, however, be desirable that the Governor may be empowered
from time to time to call the chief judge to the Executive Council when any
question of law becomes a subject of consideration.

Should your Lordship approve of the suggestions I have had the honour to
throw out, the names in-the margin are those which I should propose to add to
the Legislative Council, which will then be composed of thc‘ gentlemen named
in the accompanying schedule, of whom I have placed Colonel Haly as senior
member, _in consequence of his being thcoldat landed proprietor in the
colony, and who,_ being entirely free-from other engagements, can with more
convenience than‘ a government otiicer devote himself to the constant attend-
ance at the Council required of its senior member. ‘

Ihave, &c. .
(signed) T/ms. Cachrane.
Enclosure 1, in N . 2. I
. y ‘ ‘ ‘ Scnnnuuzz, ,
Colonel William Holy. senior member. John Dunscombe,

-‘ The Commandant of the Troops.
The Attorne – eneral.

The ColoniaISgecretai’y.

>‘The Collector of the Customs.’

William Thomas,
» ‘J.Bingle Garland,
‘ Charles ‘.Bennett, and ,
John B. Bland, Esquires.

. 57.9″ M 4

J. Dunscumbc,
\V. Thomas,

J. I}. Garland,

C. F. Bennett,

J. B. Bl:uu.|,‘esqrs.

Encl. 1, in No. C.

N1-I\\’ [70 U .\’D.

Encl. 9., in No. ‘2.

No. 3.


Enclosure -2. in No. 2.

To His Exr:ellenc_\’ Sir T/iomas Jo/in Cacllrnnc, Knight, Governor and Conirnaudcr-in-clue!
Ill and over the Island of Neuflzzndlaud and its Dependencies, &c.

The humble Address of the House of Representatives in General Assembly.
May it please Your Excellency.

Youn Excellency having been pleased to lay before tlicilouse of Asseinblv a copy oi‘ a
letter from Viscount GDll€l’|ClI, His Majesty’s Principal Secretarv of State For-“thc Colonies,
dated the ’27th day of July lane, and the attention of the Hoiise havin_iv been called to
that part of the letter which proposes to auiulgainnte the Legislative council with the‘
House of Assemblv, the House beg leave to state to your Excellency, that having taken
the matter into their most serious consideration, they are unanimously of opinion that the
measure reconnneuded by the liiglitflouourable Secretary, not being in accordance with
the principles of the British constitution, is in noirise applicable to the circumstances of
this colony.

In the House of Assembly, 10 January 1833.

Then passed in the House of Assembly.

(signed) J. Bingli.-y Garland, Speaker.

– No. 3. -—- .
(No. 12.)
Copy of a DESPATCH from Governor Sir T. Coc/wane to Viscount Goderic/z.

Newfoundland, St John’s,
My Lord, 12 March 18:33.

Iris with extreme regret, that in so short :1 period after the introduction of’
the new form of government into this island, (and of which I had indulged the
hope it would have been in my power : on to have reported favourably of its
operation), i find myself under the ncces ty of communicating to you a sudden
and unex meted check that has been given to its proceedings.

From the first opening of the Sc ion, the House of Assembly have been un-
remitting in their attention to their duty, and with the exception of some trifling
occasional cbullition of feeling incident to the first acquisition of power, the pro-
ceedings ofthe House have been marked by :1 decorum and propriety. as well as
a real anxiety to exert tliemselvcs for the good oi‘ the community, \\’hich reflect
much credit on so Voun 21 body.

Having eorninunieatcr to them that it would be necessary that they should
provi an estinuitc of the probable amount for the current year, they entered upon the
consideration of their ways and means, and prepared and passed a Bill laying it
duty on wines and spirituous liquors. being the most judicious and least bur-
thonsome tux they ccuildimpose. This Bill was sent to the Council, and I was
not a little surprised to learn from the colonial secretary that there was a pro-
bability it would be thrown out. .

It may be proper here to acquaint your Lordship, that on the first opening of
the session, with the view to facilitate the public business, and that each branch
of the Legislature might be aware of my power in assenting to, and, by conse-
quence, their own in enacting Bills, lsent to each at copy of my instructions
hearing on that ioint ; and a reference to your Lordship’s despatch to me of the
27th July last, be. 16, will bring to your reincrubrancc that a clause pr-ohibit—
ing the taxation of British trade was omitted from my instructions, expressly to-
romove any doubt its insertion might give rise to; notwithstanding these in-
structions were in many points obsolete, and more or less deviated from in
every colony.

Immediately on being made aware of the proceeding likely to take place in

‘ the Council, I read to-the colonial secretary your clear and explicit reply to

that part of my letter of the 20th of July last, on the subject of import_duties,.
that he might make wliat-use he pleased ot’it at the Board; but notwithstanding
his having communicated its mrport, the president and the attorney-general
threw out the Bill. My astonishment was the greater at the course these gentle-

.men had pursued, from its having been wholly unexpected; for although the

– V Bill.

Bill had been in progress for weeks, and its existence well known to every body,
not it whisper ever reached me that any exception could or would be taken to it.

Your Lordship will readily imagine that the Assembly were much excited at
the rejection of their Bill, and the community at large very indignant; and it
was one of my first endeavours to avail niysclfof any influence I had over the
leading men of that body, to moderate their feelings and induce them to main~
win that decorum they had, in their discussions on the subject, hitherto ob-
served; and I am happy to say they have on the whole met my expectations.
Some few days ai’ter the Bill was rejected, the House. waited on me with an
Address, :1 copy ofwhieh, with my reply, I have the honour to annex.

It is of’ course out of my power to communicate to your Lordship Lt detail of
the reasons assigned by the president of the Council and attorney-general for
their opposition to the Bill, and the former is too tenacious of his privileges for
me to think of asking for an account. of what he stated in the Council ; but the
accompanying short report oi‘ his speech, I understand from several persons,
contains the substance of what he said on the occasion. From the attorney-
general I can only learn that he founds his opinion of the incompetcncy of the
local Government to impose duties on articles already taxed by the Imperial
Parliament upon general principles, supported by the G Geo. 4, c. 114.

If these gentlemen shall be found to have decided correctly, then every
Assembly, Council and Governor in every colony will have been acting illegally
for the last 100 years, and every Sovereign and Privy Council for the same
period will have sanctioned and abetted such illegal acts; for I believe there
is not a local legislature that does not impose import duties 2 and in contradic-
tion to the statement made by Mr. Tucker, that in Nova Scotia-they get rid of
the difliculty by putting the duties on as an excise, I‘ have now before me the

Journal of the Proceedings ofthc Assembly of that province for the year 1839, in

which I not only find they impose duties of excise upon home made articles, and
duties upon imports to 21 large amount, but that in a Council held by His Majesty‘
on the 1st November 1830, of 47 Bills, passed in 1829; and submitted for approval
from that province, one is intituled “ An Act to alter and continue the Acts now in

force to provide for the support of His Majcsty’s Government in this Province,

and for promoting its Agriculture, Commerce_an(l Fisheries, by granting Duties
of Import on Wines, Brandy, Gin, Rum and other distilled Spirituous Liquors,
Molasses, Coffee, and Brown Sug;ar;” and another intituled “An Act for the
further Increase of the Revenue by imposing n Duty upon Articles Imported
from Foreign Countries ;” and again in the same Council was suhrnitted one

passed in 1826, “ An Actintitnled an Act to alter and continue the Acts now-

in force to provide for the Support of His Majesty’s Government in this Pro-
vince, and for promoting its Agriculture, Commerce and Fislicries, by g1’anting’
Duties of Import on W inc, Brandy, Gin, Rum and other distilled spirituous
Liquors, Molasses, Coffee, and Brown Sugar.” All which Acts were confirmed
by His Majesty in Council, after having undergone the ordeal of being revieived
by the Lords of the Committee appointed for the consideration oi”all matters
relating to trade and foreign plantations. ‘

Now, my Lord, I think, with such evidence before thciu, both the president
and the attorney-general otiglit to have had some difiidence oi‘ theirjudgment

before the ‘- )C1’5iStl.‘Ll in a measure which has tlu’o\rn the colon ‘ into confusion .
3 Jr :

and have been satisfied with entering ‘a protest or have rcferrecl the question
home for their guidance in (L: future yczu‘. Stil1,_ii’ they were fixed in their
opinions, although erroneous, and conscientiously considered their duty and the
cnuctmont of that Bill at variance, however their decision might be regretted,
it would scarcely expose them to censure. But your Lordship will perceive,

, from n perusal ot‘ the report of his speech (the authenticity of”whicl1 I have no

doubt), that Mr. Tucker did not confine himself to’tlie.meas1u.‘e before the Board,
but commented uponithe \visdom.of.granting that constitution His Majestyliad
e.\jtcndo view‘,as reprehensible. Asa government ofiicer, whatever his. impressions,,wcre’,
it was his duty, I conceive, to suppress them the moment the measure was decided
on; and to g’ivehis.countenance and best endeavours to its successgit wasthe rule
I prescribed to myself. and I think ought to have been observed bygevcry other
piibliqoiiicer., 1 , , V _ t y , _._’
Mr. Tucker’s ref’usal to assent tothe _Bill on the ground of expetlienoyyi-as, little
less objectionable; for, wliether in his opinion the colony could,” or could not _beiu’
w579- ‘ – N . ~ – taxation,




Earl. in N0. 3.

C0lll1l_ZSl'()Nl)l.).\‘CE RliSl‘F.C’l’ING THE GOVERN.\lEL\”l‘ OF

xaxiiliuii, it: was ulilittle eoliseqiieliec: the people had asked for the local g’o\’ernment‘

that they were to maintain it. tliciilselves; their

with Ihe exprr s innlerstamlii _
‘ and elu:erl’ully imposed the tax, as being: the most.

. lnnl vohnuzn

appropriate and least onerous; and with one e,\‘e(‘ption (and that in(li\’i1l1u\l at‘ ‘

the tune: -nt frmn ill health) the Ccunn.-il was emuposod oi‘ Guvernmentolliecr.9
wlxolnm: no stake in the island, and 1herel’ore could not fairly object to the Bill
on personal eunsirloratio And ‘are little. to he eonnneiuled is the threat the
president held out, that, W nitcver the late of the Bill inight he with the Council.
he wonhl :li.~:rngzn’ out of his way in rliscussing the measure lJel’ore hiui, Hr. Tucker cannot be
Slll‘[lI’lSl‘Ll it‘ tho connnuni _: hare (however unjustly) ta.\’ecl him with an intention
of rendering abortive llis Majesty’s gracious intentions by the course he has-

Your Lordship will matlil_\’ feel the very peculiar position in which I now find
in_\’sell’. With the intention of elusing n1_y-deniamls on the Treasury for the
support uflho island on the firstolnext mouth, (as from your instructions, and
the 2d &3(loi’ Will., – 78,1 collcet, I ought to do), I run precluded l’ron1
calling; upon the House oi’ Asseinlily to provide means to meet the iiecessaiy
e.\’pciulituro,a1nl I understand that alter they shall have prepared a memorial to
His Maj y, to he l’or\var(led hy the conre_\_’anoe which takes this, that lshall he
applied to hy then) to continue to earr_v on the linnneial Llepartment until the
decision of Hi: Nlajr‘-sly’:-‘ Gnverrnuent shall bu known. The hotly to whom I
should naturally look for advice upon the present occasion is llis Mujest.y’,s
Council; but it conduct. has been so (lCUl(lUtll_\’ at ran-Sauce with my opinions, that
it would he h\., to consult it in the present eiiumgeiicy; which comes so fully
within the \ ‘ I lnrve taken ol’ the question oi‘ an Executive and Lugi.~:lativc
Council in the emuuiuniciuion 1 had the honour to addrcs your Lordship on the
13th lie-lmiary, thatl trust it will have some weight in the decision your Lordship

nmy come to upon it.

In elusiug this rlespateh, {think it right to add, that the Assenibly were
dcsiron.-7- of pass’ 1;; their “Revenue Bill with all L-xperlitiou, knowing‘ that vessels
with a quantity of the articles intended to he taxed were daily expected, and theri.‘
is every reason to believe that, in conserpicnee of the failure oi‘ the Bill, the place
will . on be are 4AfGLke‘I with them, and the loss of at least. one twelvcinouth”.-3
reveuiu: will pi’ol)al.~ly result to the colony. ‘

Your Lordship will readily believe that I shall he most an.\’ious to receive your
eoinrnands as to my future conduct in the anomalous position in which Izun
placed; and as vessels almost daily soil from Liverpool for this port after the
first oi’ ne.\’t month, may I request your Lordship will be good enough to for-
ward your despntch through the same channel as those conuiuniications you

‘ lmnourerl me with in November last, by wlliel1’mezrn.s I shall he in possession

of” mar wislies many weeks sooner than

_ I could he tlirongh the usual channel of
the North American ma . i < I liarc, &c. ~ (signed) _T/ms. Coo/irmze. Enclosure in No. 3, To his Excellency Sir T/wma.r Jblm Cur:/zruuc, Knight, Govcuim-aiul Commander-iu-chielii in and over the Island of.(Ycufrmm1Iaml and its Dependencies, kci &c. &c. May it please your I cclloucv, ‘V1; the rcprescntativ _ faundland, beg learn at this time lnunhly to bring; to the notice of your lixcclleircy the Ci|‘Cl|lll!:’t{]l)£C5 of enibarrassineiu in which this colony is placed t>\riu;{ to the rejection by
the Legislative Council oftlnz Dill lately passed in the llouso of Asscmbl , gmiitingto His
Majesty certain duties on all wines, and on all brandy, gin, rum, am other spirituous
liquors iiuportcd into this island. ‘ I ‘
in the early part of the Session your E.\‘ccllency was pleased to lay before us an estimate
oi‘ the civil establishment, and also a statement of the sum necessary to be rinsed, in‘
addition to the small nmount of revenue at present nt,our disposal, for the purpose cl
defrayin r the charges of the civil oslalilisluncnt for the current year.
After éharing obtained, tln’ough;applicntion to your Excellency, tlioseuocurncnts and
that information requisite to enable us to judgn of the necessity and pmpriety of the sup-
plies to be voted, we did, in due time, take into-‘our uniturc consideration the ways and

means of’ raising such additional amount of revenue as would meet the public e.\’pcnses ‘of
. ‘ . tie

‘ of His lllajcsly‘s dutiful and loyal subjects the people of 1‘u’ow-

‘ 7ll.‘CC.

the reply I now read to you.’ – . ,

ilic Governniciit; and in imposing the duties iuentioned in the Bill for grnntiiig to llis
lllajcsty certain duties on all wine, and on all brandy, gin, ruin, and other spiritiious
liquors imported into tlii island, we not only caiitiously avoided iiitei’fei’iiig with the
operation of such Acts of the Imperial Pin’li:imciit for the rvgiiliitioii olithc tiade of the
Britisli possessions as are now in force, but we also e.\’ei‘ciscd our best jiiilgiiiciit in the
-selection of such articles as we considered lcgitiuiatc objects of taxation, by inipusinn‘ those
duties upon articles of lu.\‘|ll’y, czircliilly ubstaiiiiiig from iiicrerisiiig the price cl‘ anytliing
y for the support of the poor; and in [raining the Bill, we liiid fiirtlier in view the
collect ii oftlic duties imposed by it at the least possible expense.

‘l’lic Bill ,after having passed throiigli thc rugul‘ stages in the Lower House witlioiit (L
dissciiticiit i-oicc, wns subsequently sent to the Lc_L_ ‘l2|[l\'(! Council for coiicnrreiice, but to
our great surprise and astonishnicnt was rejected by that body, on the ground that the
Legislatiire of this colony does not possess the power of imposing duties upon any article

imported into it, alrciidy subject to duty under any Act of the lniperiiil Parliaiiieiit: and, ‘

iftlieiirgumeiits sought to be supported by the Legislative Council can be iualiitaiiieil,
such is the nature ofthe coinnicrco and the circiiuistaiices of the people of this island, that
it would lac impossible for us to misc the monies necessary for the support of the Govern-
niiuit and ‘for otlicr_ public purposes; since, iritliout power of levying taxes upon articles
iiriportcd into the island, tlicre is not, in our opinion, uiiy other mode by which ii rereiiuc,
adetpiatc to the wants of the colony, could be raised.

But iiotwitlistaiidiiig the opinion of the Legislative Council to the coiiti’ui’y, iiiaiiilitsted 3,

by tho i’i.-jection of the ‘Revenue Bill, we are decidedly of opinion, that we do not only
possess the power ol‘raisiiig ii l'(‘VCllllt:, by iinpnsing duties upon the articles mentioned in
the Bill which has been lost, but that, in the course wliich we have on this occasion
pursued, we iire borne out by ‘the Acts of the Legislatures of the inn liboiniiig colonies,
irliicli Acts have been from time to tune coiiiiriiicd and approved of iy llis i\/linesty in

It is unnecessar for us to ciiuiiierate the evils that must arise from the occiirrciice of this

f t t ty l’ l ‘ lcilt l to t I‘ l’ fdisco t t mil dissatisf ct’
im or mm u even , iv iici is an i a tit crca e a co inrr o n en . :i- ion
in the minds ol’ llis Mrfcst ‘5 sulfecls in this colon -aand we cannot but view with the

.l 1 J _ , , , y, , . _ .

il_eepest_i‘egi’et the conduct ol the Legislative Coiiiieil atptlns early stage oi our pi’occe¢liiigs,
since, it the power ol rIa‘isiiig ‘.’Ll’eVClll\t: by‘ tlllfl Bill which! lilac cell; ]lo_st, and \\’ll|lClI they
have denied to us, coui not e cxerciset , tie benefits w iici \vou iave accrue: to, an
wliicli I-lis graeioiis Majesty iiitended to confer upon this island, by graiitin-_.; it,-_a legislative
constitution, would be lost, the public iiiiproveiiieiits which we liave contemplated iinist be
abandoned, and our en(ll.‘nVOul’S otherwise to ameliorate the condition of the colony would
be cramped and fi-iistrated.

Under the present constitution of the Legislative Council, we have also to regret, that it‘

required a niaiority of tliiee-foiirtlis oi” the ineinbcrs present to enable the Revenue Bill to

-to be passed througli that budy;_ and we cannot but consider the course pursued by the

Council as iiiaiiifestiiig a feeling more calculated to check the early operations of the
Asscnibly than to proniote‘tlie best iiitéiresis oftlie colony. .
Under these circumstances, which we cannot too deeply laineiit,’\ve deem it our duty to

lay our situation before your Excellency, and we humbly request that your Excellenc will ‘

be pleased to inform us whetlier you possess any power wlneh will enable your Excclleiicy

to relieve us from our present ciiibarmssnicnt. ‘
In the House of Assembly, 4 Marcli luzla.
Tlicn passed in the House ol’ Assembly.

(signed) J. Bliigleyy (;’u7′(aua’.

Mr. Speaker, and Geiitlenien’of’ the House of Assembly, ,
l‘l” is witi deep concern I lciirii from your llddress that any circumstance has occurred to

intcrriipt that perfect good nnderstaniliugwhicli it is so desirable should exist lJl:l.\\’eCl1l.l1e>,
two lnanclics of the Legislature, or that any roceedings on the part of the Council have

been such as to lead you to apprehend that t icy will create feelings of discontent and dis-

rsntisfiiction in the minds of His i\Iajesty’s subjects in this colony.

It is a further source of regret to me to be inforined that the Council has felt called upon
to refuse a Bill you deem of such importance to the island, and the rejcctioii of which on
consider ivill be iiijiirious to its interests, and those benefits lost, whicli you had tiiiticipatc as
the result of the constitiition His Majesty had been graciously pleased to extend to this

.cclony; a measure which X lcel no doubt has been the source ofno less concern to the Council –
‘ than it has been productive of disc poiritnicnt to you.

‘ The Bill to ivliieli your address ii luiles not liaviii

far it is in accordance with the laws of the Inipei‘iaFl’ai’liameiit and the Royal Iiistriictloiia ; .
but the siiinedesire which (with the View to facilitate the public business) led me in the com– .

mencement of the session to send to each branch of the Legislature :1 copy uf that part of’
my instructions .be:iriiig upon.-tliis subject, now induces me to state, that on perusing the
draft ofthesc instructions, -I’ observed a clause which, it appeared to me, tended to defeat
the only means the colony possessed of raisinlr aircideqiiute revenue for the support of its
goveniruent, that _of :1 tan upon imports; iau being most anxious that no obstacle should
exist likely to impede the successful operatioirot” the new constitution, I addi’esseilfHis
Majesty’s Principal Secretary of State for the Colonies on this gpoiiit, t’i‘om’ivhoni I received
N 2 . _ ti on



No. 4.‘

1-“mclusurc in No. 4.

‘season. For carrying these useful purp


“ On reference to yoiir i

uclious you will perceive that the clause prohibitinrr the Go-
rvrnor ii’mn uiviiu); his a

it to any t aflceting the trade or connnerce of the mother
country has been mnittunl. It is, tlr c, only l(!C(‘S.\’7ll‘y for me to desire that you will
not assent to any Act. inipo”ug’ discriminating dntils on llrxtish produce, or taxes for other
purposes than those oi‘ raisn _ a revenue.”

l liaw. only liirlhcr to at-rpmint you that, with the reservation above made, I shall have
no hesitation in seating to any Rc\’cnnn Bill in \\’l|lCll the two branches of the Legislature
(‘., prnridlrll it be such as, in other respects, shall meet with my concurrence. But,
4 lug (‘ll’Clllll$l:’ll1C(‘!i, as re ) nted by you, l can only lament that I possess no
power to relieve you iron: the mnbarr sinont under which you state you at present labour.

(No 13.)
Corr of n DE.‘3l’.’\TCl-1‘ from Governor Sir T. Coc/zrmzu to Viscount Gozlcric/z.

Gorormncnt.-house, St. John’s, Newfoundland.
Mr Lord. 14 March 1833.

I H.-\\-r. the honour to transmit the at-eonipanying address to the King‘ from
the llonso. of‘ A. xnlily oi’ thi. ‘land, on the subject of the rejection by the
Council ul‘ their llcvcnue Bill, on the grounds set. forth therein, and to request

in General Assembly.
May it plea. ‘our Majesty,

Wt: the representatives of your Majcst “s liiitliful Coinmons of Ncivfoundlanzl, beg learc
most respccllully to express on their behalf to our most gmcioils Sovereign the sincere
attaclinient Felt throu_r,-hout this island for your Ma_iesty’2s per. n and Government.

We also take this early opportunity of tendering to your Ma_jesty, in the name ol” the
inhahitants of this colony, our irarinest gratitude for the gracious manner in which your
l\‘Iuj ty has listened to the petitions of your dutiful and loyal subjects, and the interest
manilcsterl by your Maj ty lor their llll[)[)lll(.’§l5 and wclfare, in granting to this the oldest
of \’OllI’ Foreign pos.~:essions a legislative constitution, similar to that enjoyed by your
l.\la_iesty’s nciglibouring colonies. Convcned at this time in onrlegislativc capacity, our best
ciuluavonrs have linen and shall he used to ameliorate the condition of our constituents and
ofzlie colony at large, by the cnactniem of those local laws and ordinances, the want of
which has been so long and severely felt.

In the early part oi” the Session his Excellency the Governor, with a View to facilitate the
advancement oi’ the public business, laid before us an estimate of the civil establishment of
the colony, with a statement of the amount of revenue at present collected under Acts of

the imperial Parliament, and showing the sum yet necessary to be raised to meet the public ,

ex[>ciises of the (lovcrmncnt. Our attention was also directed to the adoption of some
more satisfactory vslcm of administering justice than that now in operation, to the
encouragcinent ol’thc fisheries and agriculture, und to the opening ofa more safe and 5 cedy
connnunicution between the difl‘crcnt settlements ofthe island by means of roads, as o jects
of primary importance, and as best calculated to improve the condition oi‘ the poorer classes,
rendered still more unfortunate by the total failure of the potatoc crop during the lust

uses into efii-ct, but more purticu nrly for dcliuyiiigcivil <.-stahlislnncnt, we took into our consideration the ways and means of rnlsinn’ such amount ofrcrcnue as, in addition to the sum at present at our disposal, we COllSl(TCl’8(l would be required. On a careful review ofthc resources of the colony, and the means of raising a revenue, which presented themselves to our minds, we deemed it a duty impcrativcly incumbent upon us not only to avoid direct taxation, in itsell’ always odious, but carefully to abstain from levying taxes which would in any manner increase the price ofarticlcs necessarily consumed by the poor and that class of the hardy inhabitants oi‘ the island engaged in the fisheries‘. ‘ In accordance with these views we framed a Bill (a copy of \\‘lIlCll is hereunto annexed, and to \\’liieli,l‘o1′;1’1’c:itci’ certainty, we lunnbly crave leave to rcler your Mnjcsty,) imposing duties on cert. n articles ofluxuiy, the growth and production offoreign countries, and also a duty upon Bl‘lil:ll spirits, which latter duty, by the operation of an Act of the Imperial _ Parliauienr, Nova SCOTIA, NEW BRUNSWICK, Sec. 93 Parliament, ]lfl5SC(l1{lI the sixth “year of tlicdreigii of his late Majesty King George ‘the Fourth, intituled, “ 11 Act to re ulate the Tm aiof the British Posscssions abroad,” attnc ies to iiud is payable upon foreign gplrits, tliereliy avoiding the imposition of any duty which might have the cflect oi‘ a iliscrnninating duty. In framing the Bill we had two main objects ihrtlicr in riciv, first, the necessity of cautiously avoiding any interliirence with the policy or operation 01′ the Act of the Imperial Parliament above mentioned; and, secondly, the saving‘ of the heavy expense of an excise estahlislnnent in the collection by the oflicers ofthc customs of the duties imposed in the Bill. This Bill, after having passed throurrh our branch of the Le rislature without a dissentient. voice, was in due form transrnittad to ilie Legislative Council or their COnClIl’I13l’lC(.’; but, to our greatsnr Wise and regret, was rejected by that body, for reasons which, ifvalid, not only deprive us 0 the power oi‘ raising a revenue adequate to the wants of the colony, but which would, in a great mcasiire, destroy a right inherent in us as the representatives of n free poo le, that ol’ta.\’iug our constituents for the support of the Government. “lhc objection ollered by the Legislative Council to this Bill, and which we are led to believe caused its rejectioii by that body, is, that the articles mentioned in the Bill having been already subjected tc duty by the said Act of the Imperial Parliament for the regulation ofthe trade of the British possessions abroad, the Act of any colonial Legislature imposing additional duties on the same articles, is repugnant to the Imperial Act, and consequently ofno force or ctlbct, ‘ U on a careful review, however, of the Act of the Imperial Parlianient in question, we are at :1 loss to discover anything [harem on which the Legislative Council could have formed such an opinion, and we humbly submit that no part of the Bill which has passed through our bmncli of‘ the Legislature is repugnant or in opposition to the said Act of Par- liament for the following reasons: The Act oi‘ the Imperial Parliament in question was passed at the time the Government of the mother country wisely determined upon extending to our l\’la_icsty’s colonies the pririlegc of prosecuting a direct trade with foreign countries, ant the principal object ofthe Act, as its title expresses, was the regulation ol’thc trade of the British possessions abroad, and the protection of British maiiufacturcs by the imposition of high rates of‘ discriminating dutv upon articles of l’orei_:n growth or production imported into the colonies. That it was the‘ intention oi‘ the Imperial Parliament to levy taxes upon articles consinnod in the colonies no-iiirtlier than was necessary for the regulation of trade, clearl ‘ appears from the 13th section oi‘ the Act, whereby the produce of the duties col- lectc by means of it are directed to be placed under the control of the local Legislatures of the colonies respectively, thus confining the Act within the saving of the declaratory statute passed in the 11-ltli year of the reign of his late Majest King George the Third, concerning tuxatioirby the l”arlinment of Great Britain in any oft e colonies, provinces and plantations in North Anierica and the \Vest Indies. But we hunihly conceive that there is nothing in any oi‘ the above-mentioned Acts of the Imperial Parliament which prevents the v Legislatures of the colonies from raising a icveinic by imposing duties upon articles oi‘ goreigu growth or production imported into them, provided the some he not discriminating utics. ‘ Asa further reason that such could not have been the intention of your Majesty’s Cro- vernincnt, we would humbly refer your l\’la_iesty to an Act of the General Assembly of the Province of Nova Scotizi, passed in the year of our Lord 1829, and intitulcd “ An Act for thc further Increase of the Revenue by iuiposinrr Duties on Articles imported from Foreign Countries,” (a C0) of which is hereto annexed), whereby certain duties are im used upon various articles oiitbrei n growth and production, expressly in addition to,,an over-and above the duties pa “ah e upon the same articles by the said Act of the Imperial Parliament for the regulation o the trade ofthe British possessions abroad. This Act of the Legisla- ture of Nova Scotia we find was after-ivards, on the 1st day of November 1330, approved of by’ our Majesty in Council. impose additional duties upon articles already chargeable with duty by the said Act of Par— liamcnt for the regulation oftlie trade of the British possessions abroad, we would humbly call the attention of your Majesty to a statute of the Imperial Parliament asset! in the 7th year of the reign of his late Majesty Kin George the Fourth’,intitul “An Act to alter and amend tlie scverallairs rclatinfr to tie Customs,” the 44th section oi’ which re~ eognizes and sanctions a duty imposed by t-he Legislature of Canada‘ on spirits, in addition .to the duty payable thereon under the said first—inentioned Act of Parliament. .But we deem it unnecessary to arlduce further arguments in sup iort of a position which admits of so little doubt, for indeed if the construction put it on the Acts of the Imperial Parliament by the Lcwislative Council could by any means e correct, the Legislature of this colony would be deprived oi‘ the power of raising a revenue by imposing duties upon articles of import, as no other means adequate to‘ that purpose are within its power, and the numerous advantages which the colony wouhlhave derived from the constitution which your Majesty has been graciously pleased to confer. upon it, would be thereby in-it great .inensnre lost. It is to us matter ofdcep and serious regret that the Legislative Council should have felt itselfcolleil upon to reject (1 Bill, by which we contemplated raising funds at theileast sutii~ cicnt to provide for thesup ort ot”, the civil establisliment for the current-year. ‘Va would here also humbly lning to tlie notice of’_ your Majesty, the limited number of the Legisla- .tive Council, and the fact that during-the whole of the discussion on this important Bill, only four of the members of that bodyvirerc present, who being equally divided upon the question, the Bill was consequently lost. > Under tliecircunistances oficnibarrussmcnl: in

579, N 3 which

‘hat the Imperial Parliament has itself recognized the power ofo. colonial Legislature to‘


N l-‘.\\’l-‘O I} i\’ D-
L.«\ XI),

{)4 C()llltl3Sl’0;\‘fDl3NCI£ RESl’F.C’I‘lN(} ‘I‘l’ll3 GOVEIl;\’.\‘IEN’I’ OF

which we were placed lay the loss of the Lllill, we iu:nl<~ iunnediule nppliculioxl to his 1 el-
lelu-,_v the Goveruor,:ni r: we us from our diflieulti – hut althouglt man estln_-__-‘ every disposition to liicililnle the
ndruucementol'(he public l,~usnu:ss, his E.\’«.-elleiieyiliil not emisi piprer ufrontoving the obstacle whi_eh had been opposed U) the progress ol’ our lea ‘
ll Mill 7

Undu these circuinstzuices, which we nlreply deplore, und convinced of the paternal
and solieituile 01‘ your i\I2xie.s’ty for the happiness and wellitre of your subjet s in ull 1)l)l’tS
of your douiiuions, we feel that there is no other course lell. us, than thnt of nnl. ug: uur
situation known to your M” ‘ y, u.=sur«.-<1 that it will re ire your .\lujesty‘s em’lxe,<t”con-
siilcintimi, und llml. your l\ ‘ y will grant us such rt.-l’ l’ us the nature cl’ our cuse may
require‘ And since we have been pro utcd ll-oin uv ug_- ourselves ol‘ the only means by
which we deem it prudent or pruetlcuhle to 1 ‘ ‘enue, we ha unst lnunbly to clniiu
the l’a\’ouI’:il:le coilsirlerntiou of your Mujt y’s Government in nl:1l support ol‘the government ofthe colony l’ the present year.

In the llousc oi’ Asseiubly, 11 ll eh, .\. u. Inuit. The-u pa

ed in the House of

ted) J. J)’1’/x_1/Icy C1’zIrI(lnrI, Speaker.

(No. :17.)
Com’ of‘ as ])ESl’A’I‘CIl l’roin (ir,ivernor Sir T. Cocllrane to the Right Ilon.
“. .S’]m’n{/ Ihec.
Government House, St. .Iohn’s, Ne\vl’oun(ll:u1d,
Sir, 29. September 1834.
|)i’ni.w. the two fi1′.~’t .=e,rmit_v thereto, he took pos. on of the chair.

It is, however, of minor consequence whetlier they actuality made an election
or not, if they consider that power to be vested in them ; an that they do so, or
rather that Mr. Boulton, the proposer of these alterations, does so, I had from
himself’; as he t’.\’pllCltlyS!£ltC(l to me, that had the House elected another per-
son he would have yielded up the chair; which would go to establish a right
exceeding that of‘ the Assembly, who must first be directed to elect. their
Speaker, and then have him approved, before l1c can take the chair.

Ilaving drawn your attention to what I consider a decided inli’ing’cmcut of
His Majesty’s Instructions, and an unconstitutional act, even if in other respects
an advisable one, I shall have the honour to explain to you the present incon-
venience that arises from this arrangement.

By His I\’Iajesty’s Instructions any three members of the Council, as therein
named, can form a quorum, which we found, during the first and second sessions,
to be a great convenience when circumstances, on many occasions, prevented the
attendance of the senior member. Under the existing‘ rule, however, should the
Speaker be unwell, absent on a circuit, or elsewhere, it is impossible to proceed
to business, because the Council have placed it out of their power, if they adhere
to their own rules, to assemble without him. On stating this difficulty to the
chief justice, he considered I might nominate one, as His Majesty would in the
absence of the Speaker of the House of Peers; but this power I altogether (list
claim, as there_ is not a vcstige of such authority conferred on me by His
Majcst.y’s Instructions, consequently the services of the Council might be ren-
dered altogether nugatory. ~

Having had the honour to lay before you the infringement, on the part of the
Council, of the King’s Instructions, and the inconvenience arising from it, I may
observe that, considering that the Council has been increased to nine, it might
possibly be advisable to add one or two to the quorum ; nor do I-conceive there
is any objection; on the contrary, it may be very proper there should be a
Speaker whose presence should be neeessar v on all ordinary occasions to conduct
the proceedings; as, although it must be esirable that the public business shall
not be obstructed by a continued absence on the part of‘ the presiding‘ member,
it may be attended with some inconvenience to the general regularity of their
proceedings to have frequent or daily changes of the presiding officer. But any
alterations which may be deemed advisable in the constitution of this body must,
I apprehend, originate with His Majesty, and be sanctiouedvby a similar instru-
ment, and under the same forms. as those Instructions which I have the honour
at present to hold from His Majesty for my regulation and guidance.

I have, &c.
(signed) T/zos. Coclzranc. .

NEW t’OU.\=1)-

linclosures in No. 5.


EllClO3ll1‘(‘S in No.

N‘ (No. 1.) ‘

, 5”: S,ecrctnry‘s Oflicc, -.29 Aug. 1834.

D116 Guvcriior having observed, during the last scssioii of the Geiieml Assembly, that the
style or title of the iiicnibcr ofthc Council pres ing over its rlclibcrzitioiis hail been altered
to that of ” Speaker of the Council,” I am to request you will do me the l’-.wour to ex lnin,
tor his E.\’cellency’s iiil’oi’inrttion_. what circuiristaiice lixis led to this nlterntion, and irlict er it
is _to be iiiiticrstootl that it has arisen from the Speaker having been elcctcil or chosen to that
ofhcc, or irlietlicr it is merely nu zippcllntioii to distiiignisli thc SClllDl‘1nl’ll’ll78|’ oftlic Council

tioni thc other members oi’ that body.

I have, &c.

The Ilonournble the Chief Justice. (signed) Jar. Crawzl_I/.

(No. 2.)
Sir. I ‘St John \’eivl’ouiidlmid, ’29 Aurrust 1034.

Tue subject matter of your letter of this date linvmg xi rcl’ci’ciice solely to die privileges
of‘ that l)l‘flllCll of the legislature to which I have the lionoui- to belong, I do not feel iiiysclt‘
u-nrmiitcd in olteiiiig any cxplnnntioii upon the points, to which, for his Exccllcncy’s infor-
iiintimi, you have advertctl.

I have, &c. –

(signed) « II. J. Boizllon.

The llonourable Mr. Secretary Croirily.

(No. 3.) –
Sir, Secretary’s Officc, 30 August 1834.

I AM dircctcd,by the Governor to transiiiit to you the accoinpanyiiig copy ofn letter from
inc to the chief justice, with his reply, and to request you will ncqunint inc with ivlint you‘
may deem the proper and regular course to pursue to attain the iiiformation desired.

‘ I have, &c.

The Honourable the Attoriiey-General. (signed) fits. Crowd;/.

(No. 4.)

Sir, _ Attorney-General’s Office, 2 Sept. 1834.

I nuc the lioiioiir to ackiiowledgc the rncciiit of your letter of the 30th ultimo, together
with copies of the coirespoiitleiice therein rcferrcil to, relxitiug to the alteratioii adopted in
the proceedings of the Legislative Council in respect to the title of the presiding councillor,
who is now styled Speitker instead of President, as heretofore, and requesting‘ I will inform
you _whatI niny deem the proper and regular course to pursue, in order that his Excellency
may be made ac uniiited with the cause-of this alteration. _

In answer to w icli inquiry I beg leave to state thnt it” the journals of the Council do not
yield the iiiformatioii required, I am not aware of any more proper method by means of

wliicli his Excellency may ll5C(3l‘llllII the matter than that of his Excellency sending a.

mc5s’dgci’O(]L\(15ll\lg to be informed upon the point. , .
But ilvnppcnrs to me that such in( uir might raise ll question of privilege, ifsucli titlc of
President or Speaker remain within the iscrotioii of the Council ‘ to adopt at their election,
since prcccdcnts are to be found in the legislative constitntioiis of the -British colonies. .
But if the style or title of the prcsitliiig member of the Council be predicated by His
li’Injcsty’s Instructions rclntiii: to the institutional the GciienilAsseiubly of this colony, any
deviation from the style so fixed, may be, I C0)lCcli’0, ll0tlCeLl’l)y his Excellency in the form‘
ofa message rcnioiistriting against such deviation, if such nltemtioii _do not meet with the

coiicurrcncc of his Excellency, and such proceeding woiilil, I fl}’71)l‘cllCl1tl, lead to the expla-y «

nation required. I
‘ I have, Soc. ‘ .
-Tlie Hon._ Mr. Secretary Crowdy. (sigiicd) Janie; Simins.

(No. 5.)

Tu}; Govenior having observed in thejourii.-its of the Co_uucil n rule ot”th:it body, which I

provides “ that Four members with the S cakcr sliull constitute 21- quorum,” his Excellency
is desirous of calling the attention of the ouncil to the circumstance of the rule in question
liciiirr in opposition to that clause in _thc King’s Instructions which fixed any three as the
mini er of the quorum, and nlso of being acquainted, for His Majesty’s iiilomiatioii,
wlietlier the title of Speaker embraces anytliiiig more thnn another nppellation for the senior
iiierinbcr present. ‘

Governnicnt House, 4 Septeniber 1834. (signed) ‘ T/ios. Coc/aranefv


, (No. 6.)

To llis E.\’cel|ency Sir’T/iomas .To7m Cuclzrrmc, Knight, Governor and C0lumancler—in-
Chief, Sic. S:c.&c. –
Ma iL please your Exccllcuc ‘, ‘
We l is l\lujesty’5 dutiful and loyal sub‘ects, the. Legislative Council of Newioundland,
in Parliuinem. :1sseinble(l, beg leave res ccllully to state, in reference to your Excellency’?!
– message of Tliinstlay the 4th instant, tliut under the full iniprcssinn that your Excellency,
‘ in transmitting that message, had no intention of-interfering with em privileges, we only
deem it proper to acquaint your Excellency that among the necessary privileges incident to
this House as a co-ordinate branch of the legislature of Newfoundland, that of freedom from
all interrogation as to the reasons or motivc§\\’lIich may have led this House to the ado tion
ofauy particular course of proceeding is undoubtedly one without which the indepcn cnce
ofits cliarnctcr cannot be maintained or its functions eflicicutly discharged.
Legislative Council, 16 September 1834. (signed) II. J. Baullan, Speaker.


—— No. 6. ——
(No. 6.)
Cory ofa DESPATCH from the Right Hon. T. Sprin_r/ Rice to Governor
Sir, Downing.-street, 21 October 1834.

I nave received Sir T. Cochraue’s dos atch of the zed ultimo, No. 47,
respecting the pretensions Il(l\’fl!lCI2Ll by the ouncil of Newfoundland acting in
=thcir legislative capacity. As the communications which took’place between
himselfand that body were not designed to surmount -any practical. dillieulty
which had actually arisen in the administration of the Gove1‘nm’cnt, but rather
toobriatc certain -latent and unavowed claims which it was supposed that the
Council were about to advance, I am not convinced‘ that the whole discussion

V might not with more prudence have been avoided. But when I ad\’ert»’t0 the

Address to Sir Tlionms Cochrane of the 16th September last, signed by M1‘,
Boultou, thc cliicfjiistice of the colony, on bchall‘ of the Council at large, I do
not think that it would be possible, with propriety or safety, to pass unnoticed
the principles which that Address either asserts or intimates. ‘

The Council decline to answer the inquiries proposed to them by the Governor,
on the ground that a freedom from all interrogations as to the motives of their
proceedings, is amongst “ the necessary privileges incident to tliis-_I‘Iouse as :1
c0~ordinate branch of the Legislature.” The Address bears the’ following‘ sub-
scription,“.l. H.»Boultou, Speaker.” It might perhaps seem frivolous to bestow
much or any notice on” the designations which the Board vol‘ Council thus.
assume for themselves, audfor their l’rosidcut, were it notthat those expressions
are evidently ciuployedin reference to thc ‘incpiirics which they decline to
aus\\’e1‘, and as an indirect nsscrtion of the rights ‘of’ which they ref’usc,_at the
Governor’s instance, to enter‘ into any explanation. -The context thus gives a
sigiliificancy to the terms they have cmpIoyed,- which might otherwise be alto-

et zcr wantinnr. ‘ ~
g In the-adopation of this language, ascounccted with the previous messages,

.may‘l presume be discerned the purpose of claiming for the Council, in their

relations with the Govcmor of the colony, the privileges which belong to “the
upper House of Parliznucut, in the relation borne l)’ their Lordships to His
Majesty, Such an analogy, it‘ not urged hcyond 11050‘ limits within which
alone it can properly‘-be maintained, may perhaps be admitted; it”can-ied

:further, the prcteusion refutes itself by the consequences it involves.

It may not improbably be conjectured that_-the constant residence ol’vMr.

‘Bonlton in tlicprovincc of Upper Canada nntil.his t1’ansl‘or to the Benchyof

Newfoundland, may have induced that gentleman to form, and tlmt his autho~


No. (.

Erity may have led’ others to adopt, ‘views respecting- the coustitutioniof the’ .

Council, which, however accurate in reference to the Canadian constitution, are
inapplicable to the form of ci\’il’govcmmeut which for nearly txvoecnturies has
ysubsisted in tlioother Transatlantic possessions of the British-‘Crown.. The
distinctionibetwecu the oliice»of’ the Legislative Councils of tlieICana(las,’and
tliat-of the Councils of other colonits possessing General Assemblies, is however
of too much importance to be ‘overlooked. . ‘ ‘
.v579- — ~

_o i ‘y The I.

n\’ l«‘.\\‘I-‘OUND.


Tlie_Canadian Legislative Councils tle1’i\’c their origin from the constitutional
.i§ctul’ 1791. Tlie_\-u-ere hodies formed in avowed imitation of the House of

were to he holdcii at least. for the life of the incinhcrs, so also provision was
n1_ade for rendering their seats\’, and for connecting them with here-
ditary titles of honour. On the other Idllll, the Councils, as theyuow exist in
Jamaica and the other British West India lslauds, originated in Royal Counnis-
sions, of irliich t.hat of the Gore-rnrncnt. nl’ Nc\\’l’mindlaud is a literal transcript.
TJIPSG Colmcils were originally designed to fulfil no other huiction than that of
advising the Governor as to the acceptance at” laws passed by the-House of
Asseuihly, or upon any other question on which, in his administration of the
Gorerinnent, he niighthare occasion to consult them. The Governor himself
was accustomed, until a period of no remote aiitirpiity, to preside at all their
deliberations, those connected with the enactment of laws not excepted. The
modern tliougli well established practice is, to observe the, distinction between
the meetings huldun for deliberating‘ on Legislative Acts, and those which are
holdcn to advise the Governor when acting in-his e,\’ecutivc capacity. Still it
is one and the same holly peribrining‘ two distinct duties, and not two di net
bodies, each charged with 21 separate function. .’l’he title of “ Le,g’islatire
Council,” assniucd by the Council of Ncirlinuidlaml, is a designation to xrhich
tlieyliave no legitimate claim. They are simply the Board of Council, and,
except by His Ma_iesty’s e.\‘prc-ss sanction, the Governor cannot recognize them
under any other appellation.

The practical importance of the distinctions to which I have been adverting
is very C01l5lllC1’£tlJlC. The Canadian Legislative Councils enjoy, as incident to
thei peculiarcharacter, the right of regulating by their own. votes, u-liaterer
relates to their internal economy and proceedings. But at the Council Board at
Nc\\‘foun(llaiul, as iriththc coI’1’esponding’ hotlics in other colonies, there are
certain internal regulations which it belongs to His Majesty to establish, and to
vary at his pleasure. Thus, the King, by his Commission and Instructions to
the Governor, has invariably determined what shall he the number of members,
how many shall constitute a quorum, by what means seatsshall hcracatetl,
and ,on what member the precedency shall, on everv ditTe1’ei1t C0l1tllXg‘CnC_V,
devolve. The claim to the title of “ Speaker” which Mr. Boulton advances, is
altogether inadmissible. By virtue of his olfiee he is, under the King’s C0nunis-
sion and Instructions, President of the C‘ouucil,- and nothing‘ more. If it he
really true that he claims to act as Speaker under any form of election, such a.
preteusion is not only unfounded, hut. wholly at variance with the Parliamentary
analogy urged in its support. There is no instance of an elected Spcakcrot’tl1e
House of Peers. Again, if it he true that the Council have disregarded His
.\’laje.=.ty’slnstruetions respecting the number requisite to form a quoruni,and have
established a new regulation for their own government in that respect, such a
claim is plainly sul,»rcrsive oftheir own authority, as contradictory to the instru-
ment on which alone that authority rests.

Should it a pear desirable to the Council of Newfoundland that any variation
should be mutllc in the Royal Instructions which regulate either the proceedings

.ol’ the Bo ‘ll, or tlic”niunber cfnicmlieis constituting _a quorum, an address to
‘1-Iis Majesty praying that the necessary alterations may be made, is the legiti-

mate mode of proceeding. This course you will not fail to rccoinuiend to them,

-and I shall he prepared to lay it at the foot of the Throne, lninihly tendering to

His Majesty the advice whichcircumstances may seem to requirc..

Amongst the duties ofithe Council, the punctual trausinission oi” their-journals ‘

through the Govemortu His Majesty, is one oi‘ the most indisputahlc. You
will, tlierefore, on the receipt. of this despatch, convene a meeting of the
Board of Council, ~nud lav hcfore thcni this communication, and you will

intimate to them that His Majesty will expect a due .ebservnn<:e of the instruc- – on will further convey=_to’thcn1 the“, expression of His Majesty’s confident hope that those journals, when transmitted, tions to which I have last adverted. ‘1 will Show that they have steadily adhered to the limits of their constitutional authority, andtliut the designations assumed in the address of the 18th of Septeniber, both for the_Council itself, and l’oi~their president Mr. Boulton, , were not intended as an utlirmation ,ot’ those claims ,which Sir ‘1‘. Coclmme . His Majesty to »- attributed to them, claims which it would he the duty of ‘ ‘ I ‘ ‘ . discouutenance Their tinietions were to be c.\’clusi\’cly Legislative, and as the seats ‘ NOVA SCOTIA, NEW BRUNSWICK, &c. 99 discountenanec and oppose, if nufoi-tzunately they should at any time be advanced l\’EWFOUND- by that body, without their h:1\‘ing first obtained His Majesty’s express sanction “ND- to such changes in the constitution of the colony. I have, &c. (signed) T. Spring Rice. ——~_….__………__.,…__. _ N0. 7, __ i No. 7. (No. 10.) Corr of a DESPATCH from Governor Prescott to the Earl of Aberdeen. My Lord, Government House, Newfoundland, 7 April 1835. I HAVE the honour to transmit herewith an address which has.becn presented to me by His Majesty’s Council. . I have, &c. (signed) H. Prescott. Enclosure in No. 7. ‘ Encl- in N0- 7- To llis Excellency Ifenry Prescott, Esq., Companion of the most Honourable Military Order ofthe Bath, Governor, &c. &c. &c. May it please Your Excellency, \VP., His Majesty’s dutiful and loyal subjects the Council of Newfoundland in Parliament assembled, having taken into our consideration the dcspatch from the Right honourable the Secretary of State, dated the 2151 October last, No. 6,,which was laid bclore the Council by your E.\’cellency, deem it a duty which we owe no less to His Majesty than toourselves as a ranch ofthc legislature of the island, to lay before your Excellency, for the information of His l\’laiesty’s Government, the following observations thereon. ‘ The Secretary of State, in his dcspatch, pointsout fourseveral instances, in which he states that we have departed from the Royal Instructions, and have e,\’c-ceded the just limits of our constitutional authority, viz. In assuming the title of “ Legislative,” when acting concurrently with the Assembly in lcgislating tor the colony. ‘ ‘ In the application of the term “Speaker” instead of that of“ President” to our presiding E member. In changing the number of members required to form a quorum from three to five, and in the refusal to answer, on the requisition of Sir’? homas Cochrane, certain interrogatories as to the motives of our proceedings In some particular instances. The title “Legislative” was used by the Council in their journals from the first opening of the legislature, and so far-from being objected to by the Governor, it was applied by Sir Thomas Cochmne in his first message transmitted to the Council after the opening of the legislature, and the same style was generally used by him in his subsequent messages (luring his administration ofthis government. ‘ If, tllerefore, in the assumption of the title “Legislative” the Royal Instructions have been (lep:\ned from and the limits ofthe Council’s constitutional authority have been exceeded, we must observe that it was an error into which not only the Council but the Governor also naturally fell from the character of the functions we were called upon to discharge. . – In the substitution ofthc term “Speaker” for “ President,” the Council was influenced by the circumstance of the former appellation -being more parliainentary, in its signification tlnui the latter, and certainly b no e.\’pcctation that the c range oftitle would bring with it rights not before enjoyed; or ,t rat the person appointed to preside over their deliberations, under whatever title, could derive his authority from any other source than His Majesty; and we be}; leave expressly to disclaim all idea of an election having ever been con: templatcd by us. . _ T10 Council further desire to . remark, that ‘as the councillor who would administer the Government in the event of the death or absence ofthe Govemor, would do’ so under the title of “President,” the change of term alluded to might, in such case, avoid confusion. Without a wish or intention to interfere with the Royal lnstructions, the Council, in nominating five as a quorum, followed implicitly the spirit of these Instructions; for while the Council consisted of six members, His Majesty declares that three shall be a quorum; when, therefore, (our new members were added to their number, the Council, seeing also. that the Governor-‘s Commission requires that all laws are to be enacted by the Govcmor – with the fconsent ofthe “ major art” of- the Council and Assembly, did not consider that ‘ the were acting in 0 position to l is Majesty’s directions (as gathered from the Commission ‘ an instructions coliectively) when they increased ‘the quorum to five, being one-half of the mcnibersnow composing the Council. ‘~ ‘ « – > , ‘ » v‘
> In speaking of the motives which induced the refusal to reply to the interrogatories put
to the Council by Sir Thomas iCochranc,.we trust that the c iamcter of the individuals
579, ‘ V .. o 2 V i, composing _



ioo COliRESPO.\‘DEi‘Cl-I RESl’EC’l‘1NG THE GOVE1tNi\’IEi\”l‘ Ol<‘

composing the Council, as well as their general conduct as connected with the Gorcrnnieut,
will shield tlieni froni the least iiiiputaliiin ol’h- ‘ing acted with any desire to eniburniss llis
i\l2I’iesty‘s representative, and we beg to assure your Excelleiicy that we were solely and
entirely iulluenced by a wish to uiaiutiiin these privilege»: which we conceive to he 05‘ mini
to our chziraetcr :is an independent liniiieli ofthe le;’islature, and which is |) iiuli.~‘pniisal)ly
iicce.<.sary to ensure to us the “public i’uspecl,”‘.niil without which the King’s service nuisl:
niiaroi<lnl)l_y sutlbr at our luiiids.

ln nC0l)ii5l'(‘ll(.‘U with the Asseiiibly, the Council usscrled the same riglit oi‘ li‘C(:(l0l\| t’roui
iiitcrrogatioii which they alterivards clainied t’i’om his Excellcuiry the Cioreriior.

Ifit be true, in the irbrils of Lord Codcrieli’s despatch (copy of which was laid before the
Council by Sir Tlioiiiris Coclnune), “That the Council does not l\:iS|lIllU in the colony a. position,
or an iullnenue, aiizilogons to that of‘ the Ilousn oi‘ l’eer.~’, be \H‘ – entirely destitute of that
hold on public opinion which the property and independence olits nicnibers, as well as the
ziiitiquity of the iiistitntiou itselfconfcrs on the peerage ;” then it is erpuilly certain that to
inaiutnin that hold on the public opinion which it is essential the Council should possn5.~’.
they must lie lice and iiiislizicklcd in their dclibcratioiis, ivlictlicr tlicseliave for their end the
go‘vei’nuient. oftlieirowii body, as :1 co—ordinate and iiulependent hr li uflhe Legi.~;luture,
orlthe providing For the exigciicies of the public service and the intci inlprovciiicnt ol’tlie
co ony.

hi thus “ claiming for the Council, in their relation with the Governor of the colony, the
privileges which belong to the Upper llousc of Purliaiiiciit. in the relation borne by their
Lordsliips to His Majesty,” we trust we liavc not urged the uiiulogy beyond those limits
within wliieli alone it can properly be niaiiituined ;” and while \ve are most an.\’ions to oll’er
ercry p ble respect to the icprcseiiuitire of His Majesty, we look with confidence to His
Mzijcsty .~ Gorcninient to support this binncli of the legislature in those coiistitutioiiul pri-
vileges wliich will not be denied to the Assembly.

Iii Lord (ioderielfs despatcli, alluded to in the Govci-nor‘s iuessngo of the nth Jziiniai-y
1831!, mid sent to the “Legislative Council” for its consideration, his Lordship observes,
“ For your own guidance it inny be right to observe that colonial Assemblies, us they derive
tlicirr__:ciieml form from the model of the British House of Conixiioiis, so they huve driwii
their mics and systeiii of‘ procedure From the same source. The distinctions are, of course,
both iiuuierous und important, mid _r_;row out of the (lissiiiiilmity of the cireuinstaiiccs of the
rcprcseiitzuive bodies of a small colony and of‘ an extensive kingdom; hut in geiienil the
oiialogy is niaiiiuiiiicd, and therefore the laws and rules of Pairliaineiit, as modified l) the
exigencies of the case, iuuy be taken as the safest guide for the conduct olthc Coiiiieilaiiil
!\sscinl)ly, and for yoiirown proceedings towards them. ln ziccordnnce with the uniforin
course of prccedeius, your Coriiniissiou constitutes a Council, which will purticipzitc with
the A ‘l|llJl,\’ in the eiiacniient of linvs. ‘l’lie acrimony engendered by such disputes has
soinetinies given occasion to an eager ussertiou of extreme rights on the part ofthe Council,
and to zi no less determined denial of their iieeessriry and ennstitutiuiiail pri\’leg:cs on the
part ofthe Asseiiilily. The cfl‘e.ct oi‘ the institution, tlierel‘oi’c, is too often to induce n col-
lision betirccn the dilli-rent branches of the Legislature:

I-‘min these cxpr sions it is evident tliut Lord Godericli did not consider the Council ll.
iiiere board forndx ig the Covei‘nor,’|)ut in its lcgislutive capacity n co-ordiliutc lirancli
of the Lcgislaiture, equally responsible to the Government and to the colony lbr the passing
<il’_inst and salumi’y lmrs; mid vested with constitutional privileges, and with a legislative
aulliority to eiiforce due order and regularity while discliarging their public duties.

ln taking the ” Laws and Rules of I’:wliaiiient” for their guidance, the Council lnwc fol-
lowed the siiggcstioiis of Lord Godcrich, and they new respectfully beg leave to subniit for
llis Majesty’s inspection rt co iy oftlic Rules which they have adopted for the I’c“‘lIlt|i.i0ll of
their proceedings, lniiiihly soliciting His Most Giacious Mnjesty to recognize the right ot’
the Council to nnikc rules for the goveriimcnt ofthcir legislative proceedings, in the some
manner as the Asseniblv has ever done.

Unless the Council lie considered It <:o-ordinate braneh of the 1.cgisl:iturc, iiivcstedwitli
powers similar to those exercised liy the Assenibly, and necessary for the support of their
constitiitioiial authority; unless they be protected in the’ tree and independent c.\’prcssion of
their opinions, the-y_ would soon become obnoxious to the colony, and be indeed what Lord
Godcricli describes, “ Iustruiiicms for relieving Governors from the respousiliility they ought
to have borne for their rejection ofuieusures which have been proposed by the other lirancli
of the Legislature.”

‘ i ‘ JI. J. J3auIIun.’

Council Chaiub -,’:x0 .\’Inreli 1035.

l‘ti:i.i:s and REGlII.ATl0NS to be observed in the Legislative Council of Neiq/‘aznullanzl.

1. Tue nicnibers of the Legislative Council are to sit in the order prescribed by His
Majesty. ‘ ,

2. The Speal<er, when he speaks to the House, is zihvavs to he uncovered, and is not to
adjourn the House, or do unytliing else as mouth of the House. without the consent of the
members first had, excepting the ordinary things about Bills which are of course, wlicrciii
the uicnilieis may likewise overrule, as for preferring one Bill bcforenuotlier, and suclrlilze.
And in case ot’diil‘erence among the members, it is to be put to the question; and ifthe

Speaker will speak to anything particularly, lie is to go to his own plnce us a membt:.’)I’. T‘ M
i . y – . i

it. That innnediately after the Speaker shall have taken the chair, the doors shall be
‘close-d, antlthe Journals of the preceding day he a.|wa_\’s read.

4. That.‘ any member may-at any time desire the House to be cleared of strangers, and
the Speaker shall immediately give directions to execute the order, without debate.

.5. When the House is sitting, every member that shnll enter is to give and receive salu~
tations from the rest, and not to sit down in his place unless he lnis made his obeisance.

(i. The members in the Upper House are to keep their dignity and order in sitting, us
much as may he, and not remove out of their plnces_without just cause; but when they

must needs go ncross the House, they are to make obcisancc to the chair.

7. When any mernbers speak, they address their speech to the rest of the members‘ in

it. No member is to speak twice to any’ Bill at any one time of reading it, or to any other
proposition, unless it be to explain himselfin some material point of his speech, but no new
matter, and that not without leave of the House first obtained.‘ Every member speaks
standing and uncovered, and names not the members of the House commonly by their”
names, but”‘the member that spoke last,” “ lost but two,” &c., or some other note of

9. That such members us shall make protestations, or enter their dissents to any votes of‘
the House, as they have zt right to do, without asking leave of the House, either with or
without their reasons, shall L-ause their protestations or dissents to he entered in the clerk’:;
hook on the next sitting day of this House, before the rising of the House, otherwise the
same shall not he entered ; and shall also signthc same before the rising of the House on
the some (lay. ‘

10. That all orders of the day, \vhich by reason of any adjournment shall not have been
proceeded upon, shall be considered only as postponed to the next day on which the House
shall sit. ‘

11. To prevent misunderstanding, and for avoiding offensive speeches when matters are
debating, either in the House or at committees, it is for honour-‘s sake thought fit, and is so
ordered, that all personal, sharp, or taxing speeches be forborne, and that whosoevcranswereth
another man’:; speech shall apply his answer to the matter without wrong to the person;
and as nothing ofi’ensivc is to be spoken, so nothin is who ill taken, if‘ the party that speaks
it shall presently make a fair exposition or clear cnial of the words that might bear any ill
construction; and if an offence be given in that kind, as the‘ House itself will be very
:~:ensihlc thereof, so it will censure the ofl’euder, and give the party offended a fit reparation
and a‘ full satisfaction.

12. That for avoiding all mistakes, unkindness, or other <liffereiices,,\vliicli may grow to
quarrels tending to the breach of” the peace, if any member shall conceive himself‘ to have
received an affront or injury. from any other member of the House, either in the Parliament
House, or at in committee, or in any of the rooms belonging to the Legislative Council, he
shall appeal to the House For his reparation; which if‘ he shall not do, but occasion or enter-
tain urxrrels, declining the justice of the House, then the member that shall be found therein
ofliam ing sholl undergo the severe censure of the House. ‘ – ‘

1:). That when a question is under debate, no motion shall be received ‘in the House,
unless to amend it, commit it, postpone it to :1 certain day, or for the order of the day, or to

14. That all motions deemed special, two days‘ notice thereof be given to the House;

and any n1otion(with leave of the House) may be withdmwn at any time before amend-

ment or decision.

’15. That no motion prefaced by in written preamble shall be received by this House.

16. ‘that when the question hath been entirely put by the Speaker, no member is to speak
. upon the question before voting. ‘ –

17. That after a question is put, amlthe House hath voted thereon, no member shall
depart out of his place until the House lioth entered upon some other business.

‘ 18. That at votes, the contents do rise in their plnces,iand the non-contents continue to
sit; and that the contents and non»contents shall be taken and entered on the minutes at
thc request of any one member.

19. That the clerk is to enter no order until
House; and the clerk is to read every order first in the House, before it be entered.

20. That each member hose right to require that the question, or motion in discussion, be

read for his‘ infomiation,~ at any time of’ the debate. “

I 21. To have more freedom of debate, and tofacilitnte business, committees are appointed,
either of thc.whole House, ,or of-individuals; comnuttecs of the whole‘House sit in the
House, but than the Speaker sits not in the’ chair as Speaker. 4 . .

.579» i V‘ A o 3 , 22.’1‘hat

the Speaker first demand the assent of the i






l 02
-1:? That when the House shall be put into n eoiiiniittee of the whole House, the House
be not l’L‘SlllllC(l xrithout th_e iiiiriiiiiiioiis consent oftlic coiiimittee, unless upon :1 question) put
by the member who shall be in the chair of such coiiiinittr-.e.

2:}. Th: in ii coiiimittee of the whole House, the rules of the House shall he observed in
so for its tl y iiiiiy be applicable, excepting the rule limiting the times of speiilciug; and that
noiiiotion For the previous question, or (OI‘u(llD|ll‘lll|lcllt, can be received ; but :1 memberinny at
any time more that the cliniriimii do leave the ehziir, or report some progress niiide, znidnsk

leave to sit again.

‘ 24. That select coniiiiittees usu:_illy meet in one of the committee-i’oonis, as tlieiiien\bei’s
hike. The iiieiiibers ot” the coiiiinittec speak to the rest uiieoi-ered, but may sit still it they
p ease.

25. Every nieiiiber to sit in’ his due place irlieii the House is put into a coininittee.

‘.26. At any coiiiiiiittce, nieiiibers of tlie lloiise, tliough not of the coiiiinittee, are not
excluded froiii coming in and speaking, but they must not vote; they shall also give place
to all that are of the committee, and shall sit be iintl then).

231. When niiytliliig that hntli been eoiiiiiiitted is reported, the nieiiibeis of the eoniiiiittee
stun up.

2U. No man is to enter at riiiyeoniiiiittee or conferciice, unless it be such us are com-
iiiaiided to Inttclltl, but such its are members of the House, upon pain of being punislied
severely, \\’itli exniiiple to otlieis.

‘99.iTilt’lt no iiiessage from the Assembly be received iii this House, with 0 Bill or. other-
wise, unless the object of it be expressed verliiilly, us hntli hitherto been practised.

30. When notice is given to the House by the Usher of the Black Rod, that a iiiessagc
or deputtitioii is sent by the House of Asseinlily, they ntteiid until the House is prepared to
receive them; We being seated, they are then adniitted. On their coming up to the bar,
with three obeismices, the Speaker goes clown to the bar, and receives their message iiii~
covercd ; the iiiessngc is then read and delivered to the Speaker by one of the members of
the deputritioii: on their ietiring with three ubeisniiecs to the House, the Speaker resumes
the 1.-linir, mid, stniidiiig uncovered, reports the in go For the iiiforiiiittion of thc ll’|OiIll)E|S:
the House then resuiiies the husiiiess it had before it.

zil. None are to speak zit tl eeiil‘t-reiiee with the Loiver House but those that be of- the
eoiiiinittee; und irlicn iiiiytliing from such eoiifei’eiioe is reported, {til the members of that
Coiiiiiilttee present tire to stand up. ‘

32. As it niiglit deeply iiitreiieli on the 1)|’l\ eges of this House for any nieinlier to :nis\i.’ei’
an ziccusatioii iii the llouse ot” Assembly, either in person or by sending his answer in
writiiig, or by his counsel there. upon serious eoiisidcrzitioii hiul tliereot”, and perusal of the
piecetlents iii the U ipcr House of the liiiperial I’iirlizinieiit, it is ordered. that no member of
this House sliull cit ier go down to the House of Asseiiibly, or send his answer in writing,
or n ipeiir by counsel to misirer any aeeusriiioii there, upon penalty of being committed to
the black red, or to prison, during the pleiisurc of this llousc.

3:). That no member or otllcer oftliis Ilousc, witliout lciire of this House, shrill, by order
of the A eiiilily, go into that llouse wliilst the House, or any coniinittec of the whole
House, is sitting there; or appear before any coiiiiiiittee of that I-louse, sitting there or

:14. Thattlie inenibers of the Asseiubly be admitted as atiditors of the debate of this
House, or any other persons iiitrodueeil by ti iiienilier of this Ho . ,

‘.35. That it is the right of every iiieiiilier of tliis,l-louse to bring in :1 Bill, and pirty that
it may be read.

36, Bills are seldom opposed at’ the’ first l’Cfltllll:(, but are «eiieiully ceiriniitted upon
motion at the secoiid reading, at u-hicli time the nsiizilly debated. .

37. That no arguments iigiiinst the principle of :1 Bill shall be had or atlinittetl in any
coiiiniittce of the whole House upon such Bill. ‘

:18. That no Bill shall be read twice on the sonic day; that no eoiiiiiiittee of the whole
l-louse slizillprocced on any Billoii the Stllllc (liiy in which the Bill is comiiiitted, unless
the House, upon motion, shall see special cruise for the common utility to change the same
couise iii any particular instance. . ,

39. Tlizit in It committee of the whole llouse, It ineiuber iimy, at :in_y_ tinie pievious. to a.
Bill ‘rieiiig pzissed entirely, that is to say, all the eluusos, preaiiilile ziiid title ‘of the SHINE;
move to lime any piirticular cliiuso Lliereof, that may have been passed, reconsidered.

40. That to zuiiiex any clause or elziuses to n Bill ot“ai<l‘_or supplly, the nidtter ofwliieli is foreign to mid dili’ei’ent from the niittter of the said Bill oi (ll oi iiieiitzu’_v. – ‘ ~ supply, is unp:irlin– _ 41; That. ‘ y by the King sha ‘ 579-3 V NOVA SCOTIA, NEW BRUNSWICK, &c. 103 :11. That proof that notice of the intention of any person or eI‘SQllS to ri ply to the Legislature, for its iiiteiferencc respecting any local matter, should :2 given in t e “ Royal Gazette” of Neivfoiiiidlaiid at least once in each iuontli for six months preceding the session in which such application is to be rno.dc. -12. That every petition which is bronglitup shall lay our the table two days before it is read. 48. Tliat the allegations in every petition for a private Bill, ineantto originate in this House, first referred to a select committee, and the matter thereof reported upon bc~ ‘ fore the introduction of any such Bill. 44. That every member who shall introduce a Bill, petition or .inotion_,i upon any subject which niriy he referred to a committee, shall be one of the connnittee without being named by the House. 45. That when a private Bill is brought from the other House, the principle of \vliicli is admitted, this House, by message, may either request a eoniiiniiiication of the evidence received in proofof the allegations, or matter ivhereon the Bill is founded, or the coniniittee of this House to whom it may be referred sliallexamiae the said allegations, and on report- ing the Bill, state ivhether the same or matter thoi’oof be Founded, and whetlicr the parties concerned in interest or property tliercin have given the consents to the satisfuctioii of the connnittee. 46. That the foregoing be considered a staiidiiig instruction at all committees who shall meet upon private Bills; and further, that they require all persons, whose interest or property they shall consider_to be aflheted thereby, to appear in person before them, to give their consent thereto; and if they cannot personally attend, they may send their consent in ivrit- ing, which shall he proved to the satisfactioii of the committee; and that when any coru~ niittee shall be appointed on it private Bill, notice thereof‘ shall be set up in the lobby of this ‘ House. seven days before the meeting of the said cominittee. 47. That when a Bill originating’ in this House has once passed through its final stage in this House, no new Bill for the same objectcan nl‘terwards be originated in this House during the saniesession. ‘ 48. That for the future no motion shall be gmntedi for making any order of this House a standing order, or for dispensing with a standing order, the same day it is niade, noi- before the members ofthis Housein town shall be summoned to consider oi’ the said motion. ~10. That fourinenibcrs, with the Speaker, shall constitute ti quorum. ‘ 50. That uny member of this House being desirous to introduce any Bill, shall be at liberty to call upon the Master in Chaucer attendant upon this House to digest’and draught the some; who shall be allowed as his ee for the same the sum of three guineas. i -——No. 8. —— (No. 8.) COPY ofa DESPATCI-I from Lord Glenelg to Governor Prescott. Sir, Downing-street, 30 June 1835. I ‘nave receivccl your despatch, dated the 7th April last, No. 10, enclosing an address to yourself from his Majesty’s Council in Neivfouiidland, on the subject of the remarks made on their proceedings by Mr. Spring Rice in his despatcli oi’thc,2tst October last, No. 6. The claim of the Council to the-possession and exercise of powers analogous to those of the House of Peers of Grezit’l3ritain and and abstract questions, wliieli I think it unnecessary and inconvenient to discuss. Itis suilicieut for the presentpurpose to say that the Council have now aflbrded those explanations, to7their refusaleof which is to he attribute(l the origin of this debate. Nov practical question reniziins, for the ‘decision of which. it: is‘ necessary to engage in so extensive aninquiry. , i V _ i 1: _ ‘ The alteration of the ‘quorum from three, the number fixed by his Majesty to l’ou’r, the ‘numbe1’,substituted by the Council, is defended on the ground that the -Goiifemor is” required to -make laws with the consent oi‘tlie.mi1jority of that body. But the majority of the uorum, on either supposition, will be less than one-half of ‘the whole number oi conncil1ors._ Conseqiiently the-change is not vindi- cated by the only argument alleged in its ‘defence. Until the rule established 1 be altered by his Majesty’s auitlioi-ity, it must be considered as‘ binding and as in full force. ‘ ‘ ‘ , 1 04. lam lrelaiul, raises many wide. NEWFOUND- LAND. No. 8. l’\7lE\\’l’-‘0 U.\’ D. LAND. No. 9. l\’o.’1o. Appendix, No. 1 In 7, ‘ Registered 2,153‘ No. S, p. :16. Nos. 9, io, 11, 1-. l1g[oI34,. 104 C()llRESl’O.\’DENCE RESPECTING TUE GOVERi\’MEl\”I‘ O1? 1 am happy to learn. on the autliorizy of the councillors tliemselves, that Sir T. C(|(‘lll’5lllt’ was mistaken in supposi W that they had claimed a riglit to elect. their president, and that the title of ]H.‘Zll{C‘l’ had been bestowed upon him, .s indicating” that his autliorit._\’ was dm’i\’ed from tluu; source. I see, lio\\’e\’er. no rcusmi \\’liy1lIe.ternis which lutve linen in use for the last. two (.'(‘lllll!’l n 0illl‘1‘ llritish culoitirs, of xrhich the vou:-titution is founded on l{oy::l ccnnnn us, ]ll‘(‘ClSl‘l_\’ similar to that grzmtezl to Sir Thonins Cocln’aiu- and _\’oursvll’ l()lll(l he l’|l)lll)(l0llL‘(l in Ne\\’Tonmlla1ul, nor wliy the president. should he do. ated h_\’ any other title. or the Council (lL‘Sl1l‘llJL’!(l hy t.l1eadjunct oi” “ l.egisli1ci\‘e.” In all your columuniealimis with them you will adliern to the ancient. l’ormu1ary. ‘ ionduncc on this subject has now rt-:1cl1ex.l :1 sI:ige lieyoiiil wlticli I it could he ad\’:nmxgeousl_y pursued. ‘l’lie corn do not think l luive, &c. (signed) Glmwly. — No. 9. – (No. 40.) Corr of a DESPATCH from Governor Prescott to Lord Glenclg. Government House, Newfoundland, My Lord, 18 August 1835. INyou1’Lnrdsl)ip’s dcspatch No. 8, dated 30th of June, it is assumed that the number fixed hy the Legislative Council as their quorum is four, but it was intended by their 40th Rule that their speaker with four other members should form a quoijinn, which would of course he a niajority of the whole. When the Council is again assembled in its legislative capacity, I shall transn’1it them it no ‘ of _voLn’ Lordship’s letter, as l_)eing the best mode of setting the rpwstion at. but unless otlterwise directed, 1 shall alter the passage relating: to that par of the sul)_iect as follows, “ Until the:Rule for the quorunx established l>_vtho King shall he altered by His IVl:1jes ‘s authority, it must
he consixlered as binding. and as in full force.”

I l1are_. &c.

(signed) If. Prrscoit.

——No. 10.-
(No. lit.) ‘ ‘
Corr of :1 DESPATCl~l from Governor Preston‘ to Lord Gimwiyf

Government House, St. John’s, 1\’e\vfoundland,
My Lord, 22 NO\”Cl1‘ll)C’1‘ 1837.
I IL-WE the honour to enclose an Address to Her Majesty from the Legislative.
Council, with some documents appended thereto.

This .-\ddress*3 gives a complete his-tor_r of the dispute which has prevented any
Appropriation Act being passed for this year.

‘1‘lic’pass.’1ge relating to discrepancies between the estimate for certain items
and the sums voted by the House of .I\.sscml)lyi\n’ll be best explained by the
comparzitirc statement which I have annexed; and that your Lordship may be
in full possession of particulars, 1 also enclose copies of messages and addresses
l>ctu‘een the House and myself, which led to a vote being made of 2,000]. “ to
liquidate. outstanding claims, and to defray prospective deficiencics;” but this

sum would still have been inadequate.

I do not concur in theiobserrations of the Council respecting the Road Bill,

inasmuch as the large sum voted is not necessarily to be expended within the
‘ ‘ . financial

Nova seorm, NEW BRUNS\VICi<, 8:0. . 1 105

‘ financial year; and I do not foresee. any pecuniary inconvenience from that N£\\’soUtiD-
measure. ‘ LMD‘

I enclose likewise in copy of. the Bill of Supply, as sent up ‘by tbejlrlouse of ND H
Assembly, and rejected by the Council. ‘ ‘

I’ have, &c.
(signed) H. Prescott,

Enclosure l, in No. 10. V‘

ADDIIEHS oi‘ the Council of 1\’eu.fognidIand to Her Majesty, on the Causes which led to the EML hln N0- l‘,0~
Loss oi‘ the Supply Bill during the Session of the Local Legislature in 18:37.

‘ To the Queen’s Most Excellent Majesty. V

May it please Your Majesty,

Wi-;, Your Majesty’s most dutiful and loynlisubjects, tl-.e Council of Newfoundland in’
our legislative capacity assembled, beg leave to up roach Your Majesty with sentiments of
the most sincere and aii’e-ctionate attachment to ilour Majesty’s person and government,
and to express our deep regret that, upon the first occasion of our assembling nt_the coin-
menoemcnt of Your I\1njesty’s auspicious reign, circumstances should have occurred to pre- ,
vent the granting to Your Majesty by the General Assembly of the island the usual and .
necessary supplies for carrying on Your Majesty’s government in this colony; but we in-
dulge the be icf, that when we slinllhave laid before Your Majesty-the causes which; have
led to this untownrdresult ofour labours during a very protracted session of more than four
months, Your Majesty will not regard this branch of the Legislature as unmindful of their
duty to Your Majestyin declining to become parties to an appropriation of the public
revenue which in our consciences we believe would have been as unjust towards many faith.
ful servants ot’Your Majesty in Ncwl’onndlnnd, as it would have been detrimental to Your
*Majesty’s just prerogative, and subversive ,of_ those principles which are essential to the
stability of the mixed form ofrgorenunent so hap ily established in Your Majesty’s realm, V
and under which the dependencies of the British rown have hitherto been‘ governed and
protected. ‘ r

Without trespassing beyond those limits which our position as at branch of the Legis-
lature would seem to prescribe to animadvert upon the resent constitution ofthe Assembly, ‘
which many persons feared would lend to the results w rich all de lore, we shall confirre_our-
selves to a succinct statement of the facts with which we have he to deal, and ofour reasons,
for adopting the line of conduct in relation thereto, which our duty to Your Majesty and.
the true interests of‘ the colony impelled us to pursue. . l

The General Assembly met for the despatch of business on the 8d day of July,last, and
has continued in session, without intermission, to the present time, although it was not
until the 18th day of October, after having been three months and upwards in session, that,
the bill appropriating the supplies necessary for defraying the ,charges of administering the
civil goremment of the colony was sent up to us-by the Assembly. Upon being read it ‘
first time, it was found, that a measure for granting nearly three-fourths of the current
year’s revenue for making nnd repairing roads nnd~bi-idges, whiclrliad been the subject of
It fomier bill,,but had been thrown out b us for reasons assigned to the Assembly at a _’
conference upon’the subject, was neverthe ess tacked to the, Supply Bill, in order to coerce
the Council into its adoption; that several grants of money to individuals not recommended _
by the Executive Gorernrnent, and of the pro riety of which we,were altogether unin-

_ fnmied, together with an appropriation for alllege contingencies ofvthe Assembly more ‘

, than double .the amount which had been found sutiicient u on all forxner occasions, and a

v..very large share whereotfwns under various pretenccs annr ed to the, members» themselves,

= were also included in this one bill; thus comprising in one general appropriation the entire

‘ expenditure proposerlfor the year, Such a course oi proeeedingwe acquainted the Assembly,‘ ,5

3 fat :1 conference; we could not.concur in, as it deprived the Council ,’ot’ all opportunity of ‘ .
~ separately rejecting suclrgrants usjre could not approve of. ‘C ‘ -‘ = ; ;‘

On‘ the 2lst’ot‘ October_ the Assembly sent up atncw appropriation or roads,.,which
being more ‘in_ accordance with what we had representedito the Assembl ‘ to bevour views – ,

‘ upon the subject, although still liableto much objection, was neverthe ess
witliout amentlinent, the Assembly keeping hack _the Supply Bill until the [Road-Bill was
passed. .‘r ‘ … . g. ‘_ I ‘3″: -i

Immediately on amessageybeing sent, _acquninti1ig.the Assembly that__the Co_un_ lmd —
passed tlieflioad Bill, they sent up asecond bill, appropriatingmone for defraytng, it is – .v
tnie, the graiter-portion ,of the usual charges for‘ conducting thepub ic service,’-butwhile _

‘ sornejcharges were not provided for,’ others were introduced .\vliicli’were not required-by_the ,
Government,’ and several’occasionalv”grants, having no refereneejto‘ tliej public service,” ‘. _ 1

– together with” the grant for thecontingencia of ‘tlie_,Legislature, were‘ still included Yef .‘ ‘
_’ V. -579.‘: ‘ . ‘ _ ‘P ‘ – . .


N1′-ZWFOUNI). iigziiii I'(3(1\I(‘;-‘lcii ii COliii.‘l‘()llCB, and after i-Liitcriitiiig our ninilteralilc dctcriiiiiiatioii-not to


concur in nu)’ atlciiipt to tuck uccasioniil gruiits or other sums for alleged contingencies
to the usual Bill oi‘ Supply, for thc rczisoiis iilrcnily suited, we proceeded to ciiiniieratc such
of the items in that part ol’tlie liill which related to the ordiiiary eliarges for adniiuistoriiig
thc gorci-iiiiieiit, as we tlioiiglit olijcctioualilc, and to point out the necessity of providing
for others which had been altogctlicr (unittcd.

It has been usiuil in this colony to desiginitc with _-7-“rent iiiiiiiitciicss aiul piwticiilarity llic
pi’cci.~’o nliicctc tu irliich the supplio. ire to he (ic\’ulcd, so innch .-so, tliut not C\‘’ n can-
stablc rcccivr iy stipoiul not spcciliezilly oppi‘opi’i:iled. Tho incoiivuiiiencc of this cxtrenie
pzii-tieiilar’ _v is iiin,~:L olii-ions upon the pre.~:ciit occozsiun, and we humbly conceive, that
had a (lilii.’l’L‘nt ll\Ul.llOli hccii pin-siicil, inuch oi’ the incoiii’cnicnr,e iioiv felt would neve-r’lr.we

, It is iiiidoiibtcdly thc proriiice of the lixeciitive G0\'(!|‘Hlll0l1l. to make such a distribution
of the supplies itcd under the SUV il lieads of public ex eii<litui’c as shall be most
coiidiiciro to the fliciciicy of thc puhlic ‘vice, and, especial y, it slioiihl he so in all
lI)i\i.i.(,‘i‘S\‘elxli.iI|“’ to the ziiliiiiiiismitioii ofjustice. Upon this principle Pairliniiicnt proceeded
when the re mioii was ninde of‘ :1 sum for payiiig thc snlaiies oi” the Govcriior, Jiidgcs,
Attoriicy-gciici’:il, and Colonial Secretary, the ])L|I‘tl(_’lll(ll’ distriliiitioii being left to the dis-
erction of the Crown. The Lcgislatiirc, liiiwever, have hitherto acted difibrciitly, and the
specific stipend to C(1(‘ll lll1lgiSll‘Atu and erinstable For cach locality is iixed by the Act appi’o~
printing the funds nizrcss ‘y for ilefinyiiig the cli:n’gc.

In conserpieiice of tln. cm, the iinlividiiul filling each of these situations is brouglit
imdcr the notice oi’ the Lot itnrc, and any private pique or other cause oi‘ dislike, as ivell
as :1 wish saiiictiincs to .iLiance the iuteics 9 of‘ :1 fuvonritc ofliccr, may, iuider various
pretexts, cause atleinpls to be niade for rliiiiinisliiiig, nliolisliing, or increasing the stipend
of these liiuiiblo liinctioiinrics as they conic under review. Had_tlie zipproprintioii for
del’r.iyiiig the stipoiids ol’ the constiililes, for exaiiiplc, been graiited in one gi’os5 sum, it
would hare rcniziiiicd with the G’oi’eriiniciit to have distributed it its the public service,
and a due rcgnrd to tho elziiiiis of’ public scrvaiits, iiiiglit require; and had tiie Assembly
been disposed to rctrcncli, such rcticiicliniciit would nut have been at the expense of any
indiridiuil iillicer, but u ion the gross mnoiiiit, so tlnit attacks upon individuals could not
thus be ellcctctl; nnd s1ll0||i(i a desire exist to favour any individuiil, the opportunity would

v not i)L’ :ill’ordc(l, licciiuse ‘ny increase would go to augment the geiicral fund applicable to

that service, and the Leg lcitiirc would thus he prcvciited reaching iiidivitluals at all, either
for good or evil. .

in the Supplv Bill iioiv inidcr coiisicleraitioii and which the Council could not concur in,
this system \\‘‘.L attempted by the Assciiihlyi ii niuinier niost iiiijiistiliable; and we beg
most respcctfiilly to refer Your l\ ty to the aiccoiiipanyiiig instructions to our confcrces
upon the occasion, as well in; to the Report oi” the Sc ect Coinniittco upon the subject.

The persons wliosc stipend»: were either witlilield or diniinislicd were opposed zit the late
elections to the cniididatc.~i returned (‘or their re.~:pcctive districts, while those whose stipends
were increased were l’i-iciidly to their return, and otherwise objects of their favour. If such
:1 cmirse oi‘ lcgisliitioii ii'(-re ouec llii()\\’L‘Li‘i.0 take root, especially where the adniinistratioii
ofjiis ii: coiiccrned, it needs no nrguiiiciit to prove to Your iajcsty, that :1 blind siili-
scrviciicy to the inciiiliers of thc Assenibly would shortly supersede devotion to Your
Majesty’s service. \\”e have tlierel’orc felt oui’:~’elvcs coiistraiiied to resist firmly nt the
outset all nttenipts of this. iiuturc, even at the liazard of’ n temporary suspension of’ the
supplies. ‘

We have also felt it our duty iuiilliriiily to re st the tacking to the Supply Bill the
appi-opriiitioii for dcliu g the coiitiiigciit ox lell‘ of thc Legislntiirc; and iii no iiistaiicc
since the UXifE‘l(:l|(:c ol‘a Legislative Asseiiilily in this colony has such ii nicthod prevailed.

The gmiit For contingent expenses 1- t -:n- was 934/. us. 31; this session the Assembly
have insisted upon giaiitiiig to tlieniseli
posed by tlieni For contingencies has increased to the sum of 2,3921. 25. 2rl., which we
. ook upon as out of all reason niid uiiiiece -y; and, conseqiicntly, we have insisted that
these grants shall wine up as l1cl’Cl!)ibl’c in (I separate nicasiire, that we niny, ii-itliout
detriment to other qiiestioiis, discuss this subject iuiincuinbcred by~oLher consideratioiis;
and the only object for tucking tlicsc giniils to the Supply Bill is, to constrain us to
acquiesce in them rather than lose the supplies. Andwe liunibl submit to Your Majesty,
that nothing can he niore iiiicoiistitiitional tlirui for the Asseuibigr to threaten witliliolding
the supplies for dclrayiiig the usiiul charges of ailiiiiiiistcriiig the govemiiient, bccaiise they

i miieli Ylargcr sum, while the entire grant pro— ,

are not allowed to appropriate a large sum to tlicnisclvcs and to those whom they may think *

proper to patronize.

If they can appi’ to their own use one .~‘l||\‘l uuilcr pretence of privilege, they can _

uike ii-lnitevcr they please; but the Council are of opinion that they iroiilrl be guilty of a.
llacriaiit hi

to participritcjii such a manifest iiiipropricty. . .
Wliutever coiitiiicciit ex crises arc fitirl incurred to ndvaiice the lervitiiiiate interests of

, D l’ y , . Y D

the public, or to reiiiunerate individuals, wlietlier iiieinbers or other persons, who shall have
perforiiied any service demanding xi..l’ conipcnsatioii, will be most fnvounibly considered
y us, with every desire to meet the just e.\’pcctatioiis ol‘ the Assembly; but nny appro-
pl”lElilDn‘5 of the public revenue which shall, in ouryjudgincnt, be nianifestly and flagrantly
‘ – ‘ ‘ ‘ improper,

li 0? their duty to Your Majesty and to the public did they allow themselves

. the Assembl ,

iniproper, we feel boiiud as steadily to resist, as tending directly to sap public iiitelgiity,‘
and to draw the people into ii. belief that all ])l‘Clbl‘1nEilt must be soiiglit for by propitiating
the Legis\latui’e, iiistead ol‘ entitling theiiiselves thereto by an honest cliscliarge of their duty’
to 3 our iliijesty. . ‘ –

In the iieiglibouriiig colonies of Nova Scotia and New Brunswick these difiiculties are
obviated by the Assemblies sending up the resolutions passed in committee ofsupply to the
Councils (‘or their separate concurrence, which being concurred in by them, are frequently
included in bills einbrricirig every variety of‘ grant.

In the Canrulas, liowever, several bills are sent up for separate grants, thus, by either
mode, I\ll‘0l‘Llillg the Councils, an opportunit of discussing each matter by itself, and either
concnrriiig in or rejecting it as they shal be advised. The Asseinlily in 1\’ewt’ouiidland
refuse to adopt either course, and insist upon tacking all their favountc_grants to the Supply
Bill; and we humbly submit to Your Majesty that granting the supplies only upon.condi-
tions which they know will not be acceded to, is tantamount to retiising them; ‘and although
we regret the temporary inconvenience that some of the public l1inctionai’ies will sufler from
the adlici’encc on the part of the Assembly to what we believe to be a most dangerous
policy, yet we are fully persuaded that it is absolutely necessary for the protection of the
public against the assnniption of authority at once arbitrary and unjust, and which, it’
allowed to estnblisli itself, will \’ery soon concentrate all power in that branch ofthe Legis-
litturle, to the vsubversicn of the just prerogative of the Crown and the liberties of the
peop e. V

Lest Your Majesty should deem the sums of money which have been the subject of our
anxious delibevuiuns, too insignificant in themselves to call forth so much earnestness on
our part, we humbly beg to acquaint Your Majesty, that the net year’s revenue, arising
from duties aid into the treasury of the island during the year ending the 5th July last,
and disposn lc by the local legislature, only amounts to the snin of 24,0741. 6 s. G 11., upon
which there exists a ‘ permanent chaigc, created by colonial.enae-tinents, amounting to
2,5201, besides some small sums not brought into the calculation, thereby reducinar the.
disposable, balance of the year’s receipts to 22,454 I. 0 .9. I5 (I. It is true there is a ba uiicc
remaining from past years of nearly 6,000 1., and there may be perhaps about 1,0001. arising
from licences to sell spirituous li uors, giving at the utmost a disposable revenue for the »
year, of‘;!!),454 1.; of this sum, n ill has already passed, as before observed, appropriating
10,801 I.‘ for roads, :1 sum which we thought was far too much to be applied to such a pur-
pose, as its expenditure would reduce the disposable revenue to 12,653 I.; but in deference
to the earnest desire of the Assembly, we reluctniitly yielded our assent thereto.

\Vhen, however, the Supply Bill came up, we found that although it contained an appro-
priation in the aggregate 01 19,008 I. 2 5., exceeding the revenue by 6,415 I. ; yet that provi-
sion for some important branches of‘ the public service had been either altogether omitted,
or so far diiniuislieil as to betotally inadequate to the keeping up the clliciency of the
service for which it professed to provide. This was especially observable in the appro-.

?priations‘for defraying tlic’various clmrges connected with the administration of justice.

n these particulars the Assembly has applied retrenchment with a most unspnxing hand,
while in all matters connected with the patronage which they berran to exercise in so
remarkable a manner on passingthe threshold of their chamber, trey have e.\’liil.vit,ed’a’
proiligality and profusion quitc inconsistent with the idea, that a wise economy could
have iiitliicnc-ed the retrcncliinents subsequently iuade with so little regard to the effi-
cienply of the departments into wliicli they were carried, or indeed to their being upheld
ata . ‘ –

, We humbly desire to lay before Your Majesty some few details, from \\’hencc,among
others, we have drawn the forevoing conclusions, and trust that Your Majesty will thence
perceive how necessary it has been for Your Majesty’s Council to erform with firmness
and decision a duty, ungraeious, perhaps, in appearance, and exceedingly liable to,be niis- ‘
COX1Slil’|l&(. ‘ ‘ ‘ i ,

. .Athongli the last Session of the Legislature, previous to the new elections, occupied nearly
the same period of time during which the present General .Assembly have been in Session,
and although no less than 17 bills, received the Governors assent, and severalotlieis were
introduced in either House which were not concuned in,’ yet the contingencies. of the
Assembly, including 3001. voted to defray the expenses of members attending from the out- ‘
ports of the island, amounted to no more than 984 I. 9 s. 3 :1. an ample sum cousiderin the
amount of our revenue,’ and the business accomplished; while the appropriation ma e by


the Assembly for their contingencies this session, exceeds that amount by the large sum of‘ ‘

1,1031. 13 5. 3 d. exclusive of a grant of ‘215 Z. to iiideiniiify such ofiicers and seivants of‘
of the Legislature in 1883,‘ but had been ‘excluded From” the pCl‘iiDi‘ljlanCe,0i‘ their dutia to
make xvayifor persons appointed by themselves, being a.n‘e.\’cess»over the precedin session
oi’1,40E5 Z. 13 .9. 321. to which ma be added the sum of 5001. voted to three of t eir own
body as’de_legntes, to proceed to nghnid to “ treat” with Your Majesty coneeming certain _
alleged grievances, giving EL yand total of’1,90s Z. 13 ,9. 3 (‘1. beyond what was ap reprinted”
by the l’ornier Assenibl I for their contingencies, the whole 02 which sum, if realaeconomy
were desired,‘ might, without any detrirueut to thc_ ublic service, have been applied to other
objects, and we do not hesitate to assert that this avisli appropriation of the public money
would bein mflX1_\H’€SpeCtS unjust and worse than useless. I ‘ V ‘ ‘ ‘= ‘
579-; ~ ~ ‘ ‘ P123

as had been appointed by the Executive Goverinuent,.ut the orgxuiizution‘ ‘ ‘



llncl. a, in No.10.


U!) the other liantl, cmisiderable sniiis which experience had proved to be absolutely
necessary for the service ol’\’oni’ Maj sGovcrniiit-iit, have been withheld, notwitlistandiiig
detailed estimates exliibiting the cxpcni nrc of the previous your were eurly in the session
laid before the Lcgislutiirc. _

in the most im ortnnt. branch of the public service, the udininlstration ofjusticc, the
utmost parsimony is exhibited. The sum shown in the estimate as necessar for defrnyiug
the expense of civil and criniiiial prosecutions, usunlly conducted by the rowii,ls 9001.
this estimate is picdicated upon past expcrieiicc. The sum granted last year was 600 I.
which was lbiiiitl iiisiilllcieiit, und the further sum of 274 Z. 17;. (3 :1. still remains as an out-
stainliiig cliorue against the Government, and yet the Assciiibly have still further reduced
the grant for 1. us service to the perfectly innclcqnate sum ol’500 ll

has “ n 460 Z. were granted to (lcfray the expense of the usual circuits, which was
found in illiciciii, and the excess, 1051. ’75. ll :1. was defniyeil out ufn iinul devoted to the
diseliarge of unforeseen contingencies; iiotwitlist:indiii<.: which the Assembly hnve still
further diniinislicd the grant to 400 I. wliich is fouiid to he quite iiirulcqiiutc to defray the
expenses oftlic circuits froni whence tlicjiizlges have just returned.

Again, under the head of gaol expenses, the grant of 7001. was found little inoic than
siiificieiit to dctiny the usual cliarges for prisoners, and yet u’i’tlioiit any i’er_.::ii'(l to the exi-
gencies ol’ the service, lot! I. alone are appropriated for diotry, clotliiiig, d all incidental
expenses for prl.-.~0Iicrs throughout the islund; while it is well known, that previous to tho
cstablisliinciit ofthe new i~ogiilntioiis at‘ the Supreme Court for the ninnngemeiit of the gaols,
the L’l)n.l“‘{t3 for prisoners in thc gziol of St. Joliii’s alone frequently exceeded that runonnt in
six niont is.

After aeareful coiisidcrntioii of the events of the session, we find ourselves reluctantly
brought to the belief, that f)t:l’$0ll1!l antipzitliy and private feelings have had much more
influence in bringing the .‘\5St:lIll)ly to the conclusions atwhicli they have apparently arrived,
than a due regard to the public interests.

I;/. J. Bnultoii,

(signed) 4
President ofCouncil.

Council Chuiiiber, 18 Nov. 1837.

Enclosure 2, in No. 10.

THE Council has desired this coiiiercncc upon the bill sent up from the Assembly, intituled,
” An Act for granting to Her Majesty a su ply of Money for defrayiiig the Expense of the
Civil Government of this Colony, for the ear ending the 30th day of June in the Year of
our Lord 1836, and for other pnrpo.~:es,” to express their regret that at this late period oftlie
ion, the House of Assenibly should, so soon after holding <1 eonterence upon the same
su ycct, have recurred to the iiictliodof blending in one bill the supplies necessary for
defraying the ordinary charges of udniinistering the Government, with occasional grants of
money for totally different and niilepcndent ob’eets, and ofiniiigling the grantfor discharging
the incidental expenses of the Legislature witi either.

l-lnd the Assembly adopted the course pursued in the nciglibouring colonies of Nova.
Scotizi and .\\’ew Brunswick, otseudiug up the resolutions passed by the Assembly in their
committee of supply for the concurrence of the Council, and to which method the Council
referred at the lute conference on Tliursday last, altliongh some objections would still have
existed to cnibrncing grants requiring certain peculiar rovisions forrcgulatiiig their expen-
diture, and lhl”ll1 therefore be conveniently made tie subject of separate bills, yet the
Council would liave been happy so far to liuve met the views oftlie Assembly, and to have
accceded to a course not breaking in upon iinporumt principles, and would not llil.Ve felt it

imperative. upon them to refuse the bill merely on that account, had the various gmnts .

contained in it been previously.concurred in by 1. Council in bllelnallnel‘ above i’eferred to;
but as the Assembly has not adopted that course, the Council nre under the necessity of
ngain zicquaiiiting that llousc that they cannot depart from the constitutional principles

laid down by thcni in their late conference, and that they will not be induced by any con- ‘

siderations of temporary expediency to (ll2Vlil[t:‘fl‘0lI1 them.

The Council does, therefore, in ‘st that this bill slmllh be liniged to “ graiiting to Her
Majesty :1 supply of‘ money for defra inrr the expense oft e civil overnment ofthis colon
for the year ending the 30th do of . unto 12438,” and that the grants “ for otherlpurposesx
be excluded ; that the grant for efrzi ing the contingent and other expensesofthe egislature
be confined to anotlieitbill, and tint occasionril grants be not inserted in the same bill
with either. .

Thesebein the rinei lesu onwhicli alone the Council will roceed, the desire to confine

, . 3 P P l’ . _ P . Y
their Ol)_)ECll0nS to such of tie details Inf the bill as hiive an exclusive referendce to the
ordinary supplies not wishinrv to extent their observations to matters coiitxiine .in other
parts of the bill’ untilthey gllilll coniebcforc them in Sl\Cl1D. shape as thatthey can be
properly discussed. . ._ _ . – 4


The Council erceire that the appropriatioii for paying»; the constable at Ferryland and
Bay Ilnlls is rot nced froin 251. to I’ll. in each case, and that the salary of the gaolcr at
I-‘crryland is reduced froni2:’i1. to 201; while in St. iVIaiy’s, beinga place ofless importance,
the salary of the constable is raised in the saine i’oportion,viz. from 121. to 251.; while pne
constable at Trinity has been struck off altoget ier, and the salary of another at Czibalniu
has been doubled it lieing raised from 1:11. to ‘l4l.- o.nd at Greens Pond the’s
salary has been iieduccd from 151. to 121; while rid appropriation at all is made for paying
glie salary of the constable at Torbay, one of the larger settlements of the central district.

The Council are ol’ opinion that 121. is a. sntlicieiit salary for any of the constables at the
smaller settleiuciits and outpoi-ts; and if a salary were about to be grained, for the first
time, to a constable at Buy Bulls or IF;-i’i’vland, for instance, they would concur with the
Asseiiilily in deeniiiig that sum siillicient; but then they could not agree to double that
amount being given to constables iirplaces of no greater importance ;. and therefore they
deem it unjust to raise one iiiaii’s stipend at the expense of the salary paid to another person
$l|l‘lll£1l’ly situated.

The individuals receiving these stipends are, it is true, in an liniiible station of life, and
the amount paid to each is iiiconsidcrzible ; but they ouglit not on that account to be treated
with a less regard to justice, iior ought their claims to be Vl’e\\”E(l less favourably than if
they had it in their power to advance their own pi’etensioii.~i witlnn the walls of the General
Assembly ofthe island.

The l‘elllul)eI‘ttf,l0n to the iiiedicnl attendant of the gaol at St. Jolin’s is for the first time
separated from the general expenses of that branch of the public service, as well as the
stipend to the gnol barber. ‘1‘ ie salary for_mcrly paid to the siirgeon out of the geneialv fund
appropriated for gaol exiieiises, it is true, .15 continued’; but it is coupled with a restriction
which would deprive him of another situation, that of district surgeon, with}: lartver stipend;
while the remuneration to the barber is raised from 121. (an allowance quite atlzequate, and
which has been apportioiied for years past by the Government) to Lil. Such a course of
proceeding the Council can never consent to become parties to. ‘

The grant for the support of the poor should, in the opinionof the Council, form the sub‘
ject of a separate bill, inasmuch as certaiii provisions ought to be contained in such it
measure to guard and regulate the expenditure. ‘Tlic Council are of opinion that the bill
should ascertain the persons to whom the money is to be dispensed, by some more definite
term than that of “ the poor,” and it ought not to be left to the discretion of the commis-
sioneis to dole out the public funds to such peisons as they may think proper to bestow, it
u on; but that a portion of the sum granted should be defined and set apart for the relief
of’)the aged, sick, infirm and impotent poor.

Enclosure 3, in’No’. 10.

Hen l\lajesty’s Council have requested tliisconfercnce, upon the resolution oftlie Assembly
traiismitted to them on Manda last, acqnaiiitiii r that House that “Her Majesty’s Council
had passed the bill sent up rom the Assembily, intituled, ‘An Act for granting to Her
Muyesty certain Monies for the niakinrr and repairing of Roads and Bridges in the Colony,

ant to provide Regulations respecting the same,’ with some niiiendmerits, to be a violation of i

the privileges of the House of Ai;sembly,” and “ that that House cannot recognize ii ri ht:
in Her Majest ‘s Council to make, any amendment in a bill granting monies to er
Majestiy,” for t in purpose of acqiiaiiiting the Assembly that, while the Council has no dis-
position to interfere with any privilege claimed by the Assembly, so long as that House shall

‘COnfllle its pretensions within reasonable and convenient bounds, yet as the King’s letters

patent, from whence the powers of legislation are so recently ‘derived to both Houses, confer
no especial privilege upon either, the Council cannot permit a. mere assiimption of privilege
as peculiar to the Assembly to be carried to such lengths as would, if acquiesced in, con-
centrate ull_ power and authority, in matters connected with supply, in the Asscmbl ;
<lepr1’\-iug the Council of that wholesome and salutary check upon the proceedings of ie
Assembly which they possess upon those of the Council. – . ‘- ”

Although there must obviously be a wide undniuiiifest distinction
incident to or assumed by the House of Commons, ‘
exercising‘ from a eriod of high antiquity supreme authority over a. vast empire, and those

between the privileges

_ which-are applica le to a subordinate colonial mssenibly, recently called into existence by

Royal autliority, yet the Council will cheerfully acquiesce in the exercise by the Assembly
of such a modification of the rivileges assumed by the House of Commons as shall reason-
ably be found to coinport wit: the useful development of their letrislativc powers.-
this principle, the Council have no hesitation in admitting that all iills for the granting or

_ appropriating the public money, or for la ing any additional burthcn upon the people, should

naturally originate in the representative ranch of the Legislature ; _but that no amendment
can be made by the Council, even in such parts as do not affect the quantum of the supply
to be granted or appropriated, would be extending the claim beyond those limits which the
Council con’cei_ve may safely be conceded without inconvenience to the public service.-

During itliershort period that the Legislature of Newfoundland has existed,:rdnny pije- i
.cedent.s are to be found of amendments being made, by the Council in ZVIOl:le)’»BlllS, ve

579- _ ‘

P 3 .‘ nine

as one branch of the .’t_3ritisli Parliament,:

Upon ,

.LA.\’ D.

Eiicli 3, in No.10-

.\‘ l3\\’FOUi\‘D-

Eicl. 4. in No. io_.

i H) C0l1I1E$PONDENGE RESl’l3lC’1‘li\‘G ‘l‘l-lE GOVERNMENT OF

inucli to the adrziiieeiiieiit and prutcctioii of the puhlie interests; anions oiliers wliicli the
Council iiiiglit cite, they desire to call the atleiitioii of the Assembly to the ainenilinents
iiiadn by the Council to the Bill gianting an atlditieiial sum of )JlDl1G\;l0\\'{\l'(l$ the erection
of a liglitliausc on Harbour Giace Island; which anicudineiit liadifor its ohject a very‘
similar end to that hoped for in the aiiicndiiieiiis now oflbred to the Road Bill .unllcr consi-
deration, iiaiiiely, thc protectiiig the colony agaiiist ‘.1 wastefiil expeinlitiire of the public
nioiiey. The Council irould likewise advert to the very extciisive aiiiciulineiits iiizulc by
Ilusin to the Bill for the relief‘ of sick and disabled seiiiiieii, lislienncn, and other ])L‘l”S.0l1H,

. which, being nia.iiil’e.stly useful, were siibstaiitially aeqiiiesced in by the Asaeiiibly.

lf positive asscrtioii on the part of the Assembly were sufliciciit to constitute a i-iglit to
cxcliiilc the Council from all iiilcrferenee with wliatcvcr tlicy might think proper to draw
witliin the reigc of their assumed privileges, the Council niiglit, at no distant day, be thrust
out ofall pzirticipatioii in thc deliberative duties assigned them by the ¢~’!1l)\E antliority wliich.
enables the Asseiiibly to iiuike so large a elaini upon their fnrbeaiaiice.

Should these pi’etelisioiis oi‘ the Asscinbly lie iicq ‘ coil in, that lloiisc would soon be in
a. condition to usurp all c.\’eeiiti\’u as well as legislative autliurily in matters of finance,
which one clause of the _Bill now under delilieiatioii, to a very coiisideralilc extciit, has for
its object, by appointing all the niciiiberii of the Assembly niuiiibers of the several boards of
eoniniissioiicrs nnnied in the Bill for the expenditure of about tlii’ee-foiirtlis of the current
ye: Colnllltll i’ei’eiiIie, which, aecordiiig to their notion of privilege, no one is to pi’esuine
to intcrl’er<: with; :i pretension quite iiicoiisistent citlier with the public good or the indc~
peiiduiit discliai-ge of the trust rcposed in the Council, and one which the Council will never
yield lo. – ‘ ‘

The Council eiitertaiii very serious doubts of the propriety of devoting so very large 8.
propoi-tjoii of the yenr’s income to one object; and unless all reasoiiablc iiieans should be
taken to guard against a lflvlsliiflllkl iiiiprovideiit application of it, they would prefer its


reiiiiiiiiiu;-‘ iii the I|’BllSllI’§

them to the Bill’in (pieslion.

Enclosure 4, in,No. 10.‘

Mr. Spe:iker, _ ,
llizn Miijc y’s Council, coiisideriiirv tliat the oxtrciiie period to irliicli the present session
liaslieeii protracted, renders it nee iry that every pow lilo effort should he iiiade to bring
the l)||Elll is of thc Legislatiin: to zi close; and that, ‘to avoid as liir iis possilile the necessity

-of rc-eurriiirr in further conferences upon the siilijcet of the Appiopriatioii Bill, they have

adopted tliglblloii-iiig Resolutions:

Resolved, that Her Majesty’s Council will concur witli the .-\sscnil)ly in passing it Bill
for granting toHer Majesty :1 supply of money for defrayiiig the expense of the civil govern-
ment oftliis coluny, for the year ending the 150th day ofJune, iii the year of our Lord 1838,
upon the principles stated by the Council at their confnreiire on Friday last.

Rt-solreil, that Her Majestyfla Council will Fonclll: with the Ass.ernbly in passing :1 Bill
appropriiitiiig nioiicy to dcfiay the usual coiitingcncies of the Legislature; to wit,‘,!lie sti-
pends to the clerks and writers eiiiploycd under them, to the master inpclianecryand
solicitor, the usher and scriciuit-ai‘.—arriis, to the nlooiulceepers and incssengers of both
Houses; all disburseincnts for s tioncry and printing of every description, and ti-.idcsmen’s
bills for wail: done by order of either House, to be paid to the poisons entitled to receive

under whose direction the charge shall have been incurred. .
Resolved, that Her iVlajz§;ty’s Council will coiieiir with the Assembly in appropriating the

the same _l)\’ warrant from his Excellency the Governor, upon a certificate of the ofilcer .

V sum of 1,5001. to the district of St. John’s, and the further sum ot’1,500l. for the other dis-

‘ ti-jets, as proposed in the last Supply‘ Bill; to be applied by coniuiissioiicrs to be appointed

by his E,\’CCllCl‘lCy‘t0\V’X\1‘(iS rcliefiiig the poor, and any further sum which the Asseiiilily may
deem, naq
not to be confined to the inlinbitaiits ofaiiy pai‘u’eular town or place.

Resolved, that iritli an eaniest desire to meet the wishes of tlie’Assemb1y, Her Majesty’s
Council will apply ‘their best consideration to‘tlie-reasons which may move the Assembly to
propose any other grant, .so soon as they shall be put in possession of the ‘facts and circum~
stances inducing the appropriation of such further sums. – . ‘

Resolved, that the C0lincil‘\\’lll concur in a Bill grautiiig to Her Majest 9. sumiof money

for paying 4:21. to each member of the Assembly, who shall have atténde liis”(luty for that ‘ ‘

number of days durin,-;_ the session, to be certified by the Speaker.

‘; and they do coiisequeiitly insist upon the aiiiendnieiits made by

nisite for that purpose ; the cxpeiitlituieto be general tlirongliout each district, and v

,to, as not only csseutitd to the prcsc_rvat.ion oi’ the rightful authority. of each

‘ Assembly assume to he an infringement of their privileges. .

. « The Assembl clannllie pm’-ilege of ori nuxtin ‘all moncy—bills,_


Enclosure 5, in No. 10.

Mr. Speaker, 4
Han Majesty”s Council, considering that the extreme period to which the present session
has been protracted, renders it necessary that every possible ellort should be made to bring
the lmsiiicss of the Legislature to a close; and, that to avoid as far as ossiblc the necessity
of recurring to further conferences upon the snbjcctof thc, Appropnation Bill, they have
adopted the following resolutions: ‘

Resolved, that l-ler Majesty’s Council will concur ,with the Assembly in passinrr a Bill
for granting to Her Majesty a supply of )n’oney for dcfraying the expense of the civil

.govemmcnt of this colony For thc‘year ending the 30th day of Junc,’in the yet): of our

Lord 1638, upon the principles stated by the Council at their conference on Friday last.

Resolved, -that Her Majesty’s Council will concur with the Asscmblyiu passing a Bill
appropriating; money to defray the usual contingencies oi‘ the Lcgislat_urc; to wit, the
stipends to the clerks and writers employed under them, to the master Ill clianccrynnd
solicitor, the usher and scrjeant-at-anus, to the door-kec icrs and messengers of both Houses,-
all (liSl)|ll‘$CmBl)l.5 for stationery and printing of cvcry escription, and tradcsuicn’s bills for

i work done, by order ofcithcr House; to be paid to the persons entitled to receive the same,
‘ by wamint from his Excellency the Governor, upon a certificate of the otlicer under whose

direction the charge shall have becniincurred.

‘Resolved, that Hci-1\lajcsty’s Council will – icur with the Assembly in a pro riating
the sum of 1,5001. to the district of St. John’s, and the further sun) of 1,5001. or t ie other
districts, as ‘proposed in thc. last-Supply Bill; to he applied by commissioners,_ to be
appointed by Iis Excellency, towards relieving the poor, and any further sum which the

Assembly may deem requisite for that purpose ; the expenditure to he general throughout
. each district, and not to be coulincd to the inhabitants of any particular town orplace.

llesolvcd, that vvith an earnest desire to‘mee.t the wishes of the Assembly, Her Ma_jesty’s
Council will apply-their best considemtion to the reasons which may move the Assembly to

‘ propose an ‘ othcr grunt, so soon as they shall be put in possessiouolthc facts and circum-

stances in ucing the appropriation of such further sums.

Resolved, that the Council will concur in a Bill, gyuutiug to Her Majesty a sum of money
for paying 4’31. to cach member oi” the Assembly who shall have attended his duty for that

— nuxnberofdays during the session, to be certified by:thc Speaker.

. Enclosure 6,’in No.10,

‘HER Majesty’s Council has desired this conference with an earnest desire to prescwc that
good correspondence with-the Assembly which the best interests of the colony require

up by the Assembly, intitulcd, “ An Act for grantin to Her lllnjesty (1 sum off M may for
defm ing the Expcnseyof the Civil Government of 1 us Colony, and for other purposes, for
the lyear ending the 30th day of June, in the Year of our Lord 1838, and l’or’the makintr
and repairiiig of Roads, Highways, and Bridges in this Colony,” should be separated an

‘ made the subject of distinct. Bills. The Council disagree to the innovation of blending in

one Bill the ordinary supplies necessary for defiuying the charges of administer-inrr the

, government‘, with occasional grants of-money for totally ditlcrcnt and indc cndcnt Dl)_[6ClS,

and to the mingling the grant for discharging the incidental expenses ofthe egislaturc with
either. ~ , ” _ ‘ ‘ » V ‘ – ‘
rThc Royal Instructions, no doubt, with a view to the avoidin the inconveniences which
must nntlu-ally arise from a contrarypnictice, require that_as muci as possible each tlillhrent
matter be provided for by a different law, without internminciv, ‘

NEWFO U .\’l.)-

1£ncl.5, in .\’o. 10.

Encl. G, in No. 10.

. should subsist bctivcen all branches of the Legislature,’ and to oflizr such reasons as ‘
have moved the Council to require that ‘thc multifarious lnattcrs contained in the Bill sent-

Iu one and the same Act such ‘

things as have no proper relation to each other, and especial ntliutno clausc be inserted in‘

any ‘Act which sluilll be foreign to what the title to such Aet’iiuports.= , , ,
bucli principles ie Council consider as of the highest importance to be rigidly iidhered
‘ much of the:

Legislature, in passing or rejecting of such measures as shall come before them, but also’to’ ‘

. the preventionyof that constant resort which must‘ otherwise .bc had,‘ on-‘thc part of the

-Council, to amendments .inj money-bills, einbmcinp; every variety of object,‘ which the
_ =Whatever may be the private wishes of individuals, it-is to
fare solcl actuatedby a desire faithfnll
ripplicabe alike to each branch of, the

be so brought before them that each matter nn=.y_’b_e separatelycon

or rejected without prejudice ‘to any other question.

he prosan-1ed’l.l1ut public bodies

egislatnre, and coiisegacritély cvery, measure should

Council the rig it_ol‘alterin or amending t icni. t is notnccessa that the Council should

either acqnicscc’in:or_re u iaitc these pretensions; but it is of the irst irnportnncetliat they

should not allow

‘ such c aims of privileg_c, on the part,01″!lie Asstnibly, _to break down their

‘_1=.4′. .


and. they deny tolthc ‘


to discliarge the’ trust reposed in them; a principle ‘

red; and either adopted: .

, ni;ivi=oUNo-



oivii undoubted riglit, freely and witliout restraint, as a co-ordinate brrincli of the Logis-
laturc, to deal with every subject which may come before them, and not to be coerced into
the adoption of a Bill, embracing separate and distinct objects, respecting which they may
entertain diverse opinions; and, therefore, if‘ the Assembl are anxious that Bills of Approv
priation should not be altered or amended in the Couiici , but simply passed or rejected in
the foian in which they come up, they must send them up in such a shape that the Council
may, without eiiibarrassiiient, concur in or dissent from each proposition, otherwise they will
feel tllemF.el\’CS compelled to make such amendments as they may deem essential,‘ as the
occasions shall arise; and if such a course shall be in opposition to claims of privilege set
up by the Assembly, the blimie will be at their own door, for peisevcriug in a course which
the Council h:\\’_c an equal right to dissent from; and they take this opportunity distinctly
to acquaint the Assembly that they will not be induced, by any COll5ld8l‘al.lOllS of temporary
expediency, to deviate from those principles which they deem of‘ such vital ini ortauce to the
free exercise of an» independent judgment upon every question that shall be rouglit under
their deliberation. .

The Council have already rejected a Bill for appropriatiiig nearly three-Fourtlis of the
colonial revenue, raised during the year, towards the making and repairing of-roads and
bridges, because no sufiicient provision was made in that Bill for guarding against ll waste-
ful and lavish expeiiditure of so large a sum; a point which cannot be too scrupulously
attended to; and now, with xi view to constrain tie Council to‘ acquiesce inthe \’icws of
the Assembly, the same appropriation is tacked to the Sl:FplleSl’l(3C6SSIl|”\’ for carrying on the
Government; a proceeding wliicli the‘ Council will stea iy resist. Ill) :1 perseverance in
this _method ol‘end<.-avoiiriii-_: to coerce the Council, any inconveniences iallylie e.\ erienccd
on account oftlie usual supplies not being granted for defrayiiig the charges ofa rniiiistci’-
ing the Government, the ‘ onsibility will not rest with the Council, as they are ready to

concur with the Assenilily

granting those supplies, with grants of money for other objects ‘ta_cked to it, avowedly for‘
the purpose of coercing the Council into the adoption of the measure, so tacked to the usual

Supply Bill, which they would otherwise reject or desire to see uioilified.

The best arliamentai precedents deprecate tho lieapiiig together in one law a variety of
uiicoiiiieeteiljand discor ant subjects, as being ull[)1|l’ll(\lTl0lllal‘)‘. -But to do this in cases
where it is knoirii that one of the component parts of the Bill will be disageeahle to the
Crown or to the Lords, and that if it was sent up alone it would not be agreed to;
upon this account, and with a view to secure the Royal assent, or the coiicurreiicc-of the
Lords, to tack it to a Bill of Supply which the exigencies of the State make necessary, is

‘ a proceeding highly dangerous and unconstitutional.

In the iieighbourinrr colonies of Nova. Scotia and i\’ewBruiis\vick, towliicli the Assembly
have sofiequentlyvreierred for precedents, wliicli »they have urged iutponlthe Co_uncil as
proper to be followed by’tlie Legislature in th . and, _all the ‘l‘€50lullDIl5 passed in com-
mittee of supply, upon ivliiclutlieir Bills of appropriation are afterwards foiinded, are
constantly sent up to the Council for their concurrence, thereby affording the Council the‘

r fullest opportunity of either ‘concurring in or rrfectiiig each proposed grant. _ Had this

course been adopted upon the present occasion y the Assembly, there ivould not have
been such strong olijcctions to embracing all the giants in one Bill, ultliouglrsucli a course
is not usual in those colonies. In the l$1l‘_L‘{er_pl‘oVll\CGS of Upper iind.Lowcr Canada, a.
diflcrentinodc is used, namely, the appropriating particular‘ gnintgol money for specific
objects in sepiiritc Bills; thus preserving the spirit of the constitution, wliich contemplates
the free and uiifettercil exercise of the jpdgmcnt in’ each branch of the Legislature, upon.
every distinct subject liroiiglit under deliberation. »

In ‘either House of Purlianieiit it is usual to’ divide a complicated question,-to’ enable 3‘

those who are in favour of one part of a. proposition, but opposed to another, freelyto give
their vote upon either, and it would he considered as most unl’air:to Frame :1 .C91I1pllc€lle£1
question, with 1! view to deprive rnembeis of that inethod of recording tlieirsentiments.

For these reasons the Council do insist that the inzittel-s enibraceid-in tliis’Bi’lL .\\’l\lC,h 8“?
diverse in their nature, 5l\lLl.l be separated, and they.w_ill not concur in establisliino‘ a pre—_
cederit, tliat objects so dissimilar may hejput together in one Bill; and more e_spcein__ly,upon
the resent occasion will they resist suchyan attempt, since the grant for making and

j repiiging roads_x1nd bridges has already been rejected by the Council, :_on account .of’the
provisions contained in the Billappmpriatiiig the same having been deemed insuflicierit, in

the opinion of the Council, for guarding against an improvideut expenditure tlleyfeof-_ _ ,
Until this coristitut_io_i_1al‘question shall have been definitely. determined, it is_unnccess_;iry
“to cliscuss the sufficiency or. inadequacy of
posed, or the propriety -of maki
proper to be made. ‘

P , . . .
i passing the usual Bill‘ for grantnilr those supplies; and it –
‘ will not shift that icspoiisibility from the Assembly to the Council, their sending up a Bill

an ‘ particular items of‘ the ‘appropi-iation ‘pro– .
r_: some of the grants, or of leavingjoiit othersiequally.‘


Enclosure 7, in No. l0.

REPORT of a Select Committee of Her hlajestys Council of Ncwfuzu2d[izrid,oa the
Supply Bill.

Tn: Select Committee appointed to takeinto consideration the Bill sent up to the Coun-
cil from the Assembly, intitiiled, ” An Act for granting to Her Majesty a sum of Money for
deli-aying the Expense of the Civil Government ofthis Colony, for the Year cndingtlic
30th day ot‘Juiic in the Year of our Lord 1838, and for other purposes,” and to report their
ob.-scrvatioiis thereon, and who were cnipowererl to send for persons and papers, and to
receive evidence upon the several points requiring explaiiatioii, have, pursuant to the order
of the Council, examined the matters to then) referred, and have agreed to the l’ollowin5__r
rc ort.

Pin order to present a clear view ofthc siibject, the Committee hare thought it desirable
to class in a tabular form the various appropriations proposed by this Bill which require
obseiwiation, imder the t’allowiii_<_: heads, viz. No. 1. Ordinary Char cs for the Support ot’
the Civil Government. l\” .2. Salaries and Incidental Expenses oft ie Legislature. No. 3.
Miscellaneous Grants. Tlicsc tahles are given in the Appendix.

The Council having upon various occasions, during,‘ former sessions, as well as recently
during the reseiit,cxprcsseil their decided disapproral at‘ the course adopted in this Bill, of
tacking to tic ordinary su splics grants ofinoney for objects having no relation the one to
the other, the Coininittcc liave not tliouglit it iicccssary to pursue a subject which may be
regarrled as settled by the unanimous decision ofthe whole Council, more than once ex-
pressed; and therefore they hare contented themselves with nicrely extracting grants of
this description, and exliihiting them fonmorc ready reference in the Table No. !l ; and as
the Council have c.\’prcssc sional grants, oi” money so long as they shall continue to be tacked to the ordinary Supply
Bill, the Committee has not felt at liberty to enter into any inquiry respecting the utility,
justice, or necessity ofany ofthem. For the same reasons they have forhornc to enter into
any minute consideration of the cruises which have led to the very great increase, which
they regret to perceive, in the contingencies ofthc Assembly, although they cannot avoid
noticing the fact, that these contingencies amount in tlieaggrcgate to 2,3981, 2:. Gd. being
considerably more than double the sum granted for the like purpose lost ‘car.

The Committee also desire to draw the attention oftlic Council to the fact, that while
sums far exceeding those granted heretofore for the like services are specifically appropri-
ated‘ for printing the Journals, and other general printing, for the Members’ wages, for
stipends to the usual servants ofthe Assembly, as we l as those appointed to new situations
not heretofore found necessary, yet, that a sum offi9‘J I. in addition is appropriated for con-
tiiigencies, and altliougli the Committee have desired to examine the votes oi‘ the Assembly,
to ascertain what: charges are included in this sum, the person who acts as clerk of the
Assembly refuses to atl’ord the information required.

The Committee have, therefore, endcaroiirerl to procure inlbrmntion elsewhere upon this
point, and although not official,‘ yet they have reason to believe it to bc tolerablv con-ect.
They have ascertained that riotwitlistanding 5831. have been openly and specifically appro-
priated to the Members tliciiiscl\’es,yet that a very large sum, about 2901. further, is in-
cluded in this general sum for thc likeobject; which the Comiuittee cannot-but express
their strong disapproval ofi If the Members wish to apply a larger sum out of the public
revenue to their own use, surely it should be 0 ienly done, so that the public and the Coun-
cil, whose concurrence is required, should be ahle to judge of the propriety of the grant.

They have also reason to believe that .’i0I. is include.d in this sum to be paid to one of

‘the members as cliairinan of some coinrnittee; and notwithstanding 1601. is granted speci-

fically to R. J. Parsons, the printer ofthc Patriot, for general printing,‘while only 491. was
required for that service from another printer last year, yet the Comiinttce belicre the sum
of 201. or more is included in this sum of (3901. for printing the speech ofone of the
Members. . ‘ V ‘ ‘

The Committee have also ascertained,’to their entire satisfiiction, that much larger sums
than were» formerly granted to the clerk and serjeant-at-ai‘ms”are also included in this
grant, to be paid to persons acting in those copzicitics, to the exclusion of the ofiicers ap-
pointed by the Crown ; and that considerable sums are thcrcin voted to increase the stipends

specificnlg granted in the Bill to their other servants, who have been appointed by them-
selves. nder these circumstances the Comiiiiltee would strongly urge t e rejection of the

entire sum of699l. Formerly the services designated as contingent were set forth in the

,Journals oftlic Assembly, IO°‘Etll8l‘ with the sums l’or defmving such charge; but now that

course is not pursued, and aliinformation ppon thc subject’is denied. . _
,To the distribution, however, ofthe monies granted for defiayingvtlie ordinary charges of

the civil expenditure oftlie Ciovernnicnt, the Committee havedirected their earnest attention,

because they are of opinion that principles ofthe deepest interest and most serious conse-

. quencc are involved in the consideration of tliejclmnges sought to be’é_fl‘ccted at the sole
3u%gestion of the representative brunch ofrthe Lcgislaturew .
i Y

, our coiistitution the sovereign is the fountain ofjustice, and either directly or indi-
rectly, through the hirrhcr order of_ fuiictioniiries, appoint to every oflicc connected with its
ndnnnistmtion, while tic Lccrislature is charged with providing the funds necessary for de-
frayingtlic expense incurrediiy such appointment. , . ‘ -‘ .

‘ ‘ ‘ The

, 579- ‘ ca


lLncl.7, in -.\”u io.’

11.; CO1‘\1{ESPOi\’DEt\’CE RESPECTlNG_THE GOVE1‘xl’\‘i\lEi\”l‘ OF

5E‘l’F9U1\’D- ‘l’he rn: L‘l“‘D’ (: ‘Clltive branch of the Guvcriiiiunit, it is necessary that these selection. . iunhl be iinulc
“”””‘-” – .nrly and iiixlepmitleiitly, with 11 view to the ellieient ili.~‘eli:ii’«_i;c iii‘ the duties intpn.~’c<l, for
which the executive is again respoiisible. ‘For i.ll(‘.SC rea.-suiis tliu Conniiittt-i-. are nt’ opinion,
that the iiietliod lteretufure and now adopted by the :\.’\\‘cI|ll)l)’ in this colony, vi‘ nniiiitely
apprnpi-iaitiiig thc i’:ii‘ious specific :~’l|l|l.\’ composing the -.iggi‘eg’.ite olithe t:lI:ll‘g’l! for conduct-
iiig eaeli limiinli oi” the public service, ii’iiot. proilnctive elf the evil which the Coinniittec are
about to brin_\_; |ll\ll(‘l’ the native oftlie Council, at least atlbnls the opportunity tiir (ellectiiig
it. The Legislatilre has tliouglit it l1UC855lll‘y,il‘Oll1 tiiue to time, to provide stipetuls for
iiia_r,;i‘ rates and constabhis to reside at certain places in the tlistriizts 01′-the islaiid.
In iiiakiiig this arrangenicnt care should be talzl-ii tn keep separate the respective Fiiiiatinns
of the c.\’ecnti\’e zuid ofthe legislatiire, etherivise the latter \\’Ill be in :1 eonditinn, in eileet,
to usurp the functions of the rtll’l1lCUZ It‘it. he tlioixglit iiecessiiry that there r-houhl he 40
eoiistaiblcs, for instance, in the uutperts, at u salaiy ul’1Ul. ezu-.h, 4001. ezlienhl be granted
in grass to meet the rliiirge; and slionld the lcgis o.turc, upon any fiiture oecnsioii, be at‘
opinion that thc. public revenue could not, with due rug-.ii_’¢l to other bniiirlies utithe public
service, hear so heavy in cliarge, it niirvht be diniinished, witlioiit nilbcting e, ‘ . y the
interests iifziiiy one in particular, leaving it to the executive guvcrnineiit tu clistrihute thc
iliiiiiiiislieil grant in siicli a manner as should best preserve the etlicieney ot’thu deprirtnieiit.
The police of Lnnduii is paid l)V the Guveriiiiieiit, but it would scarcely enter into the view


of l‘arliauieiit to regulate the particular stipend of each 1’ltlllC(_‘l)lZ\n.,

The legislature ut’ 1\’e\vt’ouiidlaiid, lioivever, zictiiig upon this principle,ileseeiuls to the
niiiuitcst distribiitioii, and reguliit ~ the precise sum to he paid to each iiiilividiial; the cun-
scqiieiicc i.~=, that upon every occziesiiiii where the supplies are being votcil, each ineiiiber has
pzissel in review before him the indivitlunls of his neigliliniirliootlwho are to receive the
most :1 ‘5,-iiifis-iiiit $\Il1IS, and lLIl opportiiiiity is thereby all’orde(l ol‘ l|\21l:lI)‘__f the person, and
notlhc oflicc, the sulijt-ct oi‘ (lisciissioii; aiirl should any constable or other tiinetiunary
-have heeniiie obnoxious to the nieiuliers il‘0lXl his tpiarter otfthc country, his stipend is scru-

i tiiiizetl with the greatest i’ig_goiii~, and perhaps reduced one halt’, or witlilicld ziltugctlier, while
these \\’llt) In iiigi-atiated tliuiiiselrcs with the same ]’)Cl‘:‘Oll5 liavc their .s’:ilai’ies raiseil with»

unit .‘’t1l’llY.t). ‘


Till‘, Cmiiuiittee have exziiiiiiied sevcial witnesses to :i2«cei’tnin it’ there were any circuiii—

staiiiccs ivliich could ri-zismiably warrniit the cliangcs set lbrth iii the Table No. 1, but have

‘ been able to discover‘ iiune thutivonlil warrant an liuiiuuiablc mind in selectiiig the iiistiinces

, that are there cxliihitetl as proper eases for especial reduction or augnieiitutioii, for abolition
or iiitrothictioii. , ‘

The cniistablc of l’:I‘l‘l’_\’lnlNl is a very reputable inan, has been in otiice more that -:0 years,
rcsiilcs in what iiiav he called the itoiinty town of the district, where the eireiiil court is
held, ainl wlu-re there is iiiere business tiuiisuctcil than in any otlier place in the soutliem
district of the islziuil, with the u.\’ec-ptioii, pt-rliaps, of lliirin; he has receive-(I an excellent
eliaracter from several respectable lJ0l$t)II5 residing there, but it appi=.iii.\’ Fruiii _tlieirst:itcnieiits
thiit he is opposed to the .\lcniber represeiiting that district, and his salary is reduced from
‘Iii/,.tf\ 19.1. :

The 1\SSDl)ll)l_\’ liare assigiicd in their rcasoiis otlercd at n Former eoiitisreiice on this sub-
icct, as the cause of this reduction, that there are three stipeiidi-ai’y coiistaliles added to
tliatjsliurc, in order to facilitate the atliiiiiiistiatiuii ofjustice, that his duty is consequently
iliniinisliecl. – i 7.

in tlir: first place, the Coniiiiittoe are of‘ opinion that such salaries should niit be g‘l‘f|1|i_C(l
by the l.cgisluture until the necessity of theappoiutiiieiit.\vcl’e indicutctl by the Goveriiiiient;
biit in tliesu iustaiices it will be obvious ii ieii an cxaiiiiiiatioii even of the Trilile now under
cuii.~’idei’atimi, that such iiieoiisitlenililc ilaees as Cape llroylc, Ciipliii Buy, and Aqiiatbi’t,
all in the inuiiediate iieiglilioiii’liooil of ‘errylaiul, and containing tugetlicr a population of
only {:30 souls, caiiiiut renpiire a constable in each, while the Assenilily hnvt-, withlu.-h.l the
.-iuhii-_v et’thc constable at ‘l‘orba_v, where the population‘aiiiounts to 753 iiilinliiliiiits, and is
iiiu<~h further from St. .lulni’s t_hun either of the other places is troiii Fen-ylaiitl; lllli. it up pears in cvideiici-., tliat the coiistablu at .’l‘orlmy tvus adverse to the present l\’leiubers during the former ElcCtiU“$A _ V The salary ofthc constable ot’S£. Mar . has been raised in the‘ same proptntitin as that of the coristaliln at 1-‘crrylaiid has heeii diniiizislicil, although by the evideuee taken by your Coiiiiiiittec it wouhl appear lie is by no l‘|it‘lulS an cflieient otlieur, and on one occasion he pn.~‘itivcly refiisud to do his duty in aiding the coiistaliies sent rl‘0lll.SL*J0lll|.5 inthe govern. ‘ nient yacht to apprehend seine utliis iniiiiediiitc ueiglilioiuslor a riot. The grouiid ullegetl by the Assembly for raising this coiistiihle’s salary, vi’/,. that his duties cxteiidetl tlirougliont a |iiie‘ut’cuast ot‘10’0 miles in extent, is, within l.ll(:ilil\t)\Vll£(lg(‘. of your Ceniniittue, rpiitc iiclu:5i\'(‘, as it is ‘(Ell knmvn that iieiic of thc» eoiistaliles are sent beyond their own ini- nieiliate vicinity; and they have ascertained thritin fact there islittle for him todo. In the case of the coiistable at Torbtiy, the Assembly has not hesitated to place the with- ‘ holding uf his salaiy upon p’crsoiial tVrO|IIltlS, stating that they would ‘i wish to innrk’tlicir S(‘ll;~’C uf the impropriety in niakiiig e ioice lietivceii two lioiiri’rary eolisuililrs of passing by > the pci’:~’oii.loiigest in oliice, the most respectable rind the best coiiducted.” _ _ ‘ ‘ ‘
, The Coiiiiiiittee have exarnined witiiesses on this point, and tiud tliestatciiieiit quite nu.
‘l’oiiiulccl. Tllfift.‘ has been but one eonstuble rit ‘l’orl)ay the last. 10 yearé. ‘
The salary payable to the second coustalile at ‘l‘rinity has been witlilield, under Ci.-cum.‘
.~‘l2\l)t: of the iiiost crying injustice; and ‘the Couiniittce liuve clearly asccrmiiied, l)
– ‘ – i V – inilispiimblb

indisputable evidence, that there isynot the slightest foundation for the statement made by-
tlic Assembly, at their last conference on the subject, ‘viz. that he holds the sinecurc olfice
of aolcr and lives in the gaol.

t Bonnvistu there. are two stipcntliary constables receiving,_.2Z. 105. each ; tlzesulary
to one of these, is withlield, and the amount- conferred on the other without any apparent
mison. And it is a fact worthy of observation, that while salaries are voted by the Legis-
lature to the constables residing at three small harbours near Ferrylancl, before referred to,
with a population, in all, of 5:10 souls, the salaries heretofore pnyubleto three out of Five

constables at Bonavistcr, Trinity and Torbay, containing toyther a population of 3,564 ‘
‘ souls, have been withheld.

‘l‘lrcre is also the same appcarrnrce of personal feeling manifested in the ai-ran erncnts
attcinpted to be inzule in this Bill, relative to the gaol and district surgeon ; Dr. §{ielley,
who is lcnown to be dccidcdl opposed to the political conduct of the present members of
the Assembly, happens to fill both these situations, and with a view to deprive him of one,
a proviso is uttaehed to the grant for paying the gaol surgeon, that he shall not hold the
situation of medical attendant u on the poor of the district. If the salaries, insteadof
being 401. for the gaol and 19.01. or the district, were such as a professional man could be
expected to devote his whole time for, there might be some reason for suyinv‘ that the two
were incompatible, since he could not devote his whole attention to two dilierent empIoy-
rnciits;,but this is not the case; and the situations are not in the least incompatible;
therefore he on ht not to be removed by Legislative exclusion, without complaint and withv
out hearing. ‘ he plan for dividing the distrietiinto four wards, the Committee are of
opinion might be beneficial to the public, and therefore, however it might interfere, in a
certain degree, with the present emolumcnt of Dr.’ Kiclloy, they would not recommend any
opposition to such an arr-nngcinciit; but they are decidedly of opinion that the interests of
the‘ oor would not be consulted by his entire exclusion.

Tie injustice of \Vllllll0l(lll’)g any part of the year’s stipend to persons fulfilling public
situations at fixed salaries, will be sti I more apparent, when it is recollected that during the
present session, the first t uartcr’s salaries have been granted upon’ the estimate laid before
tlre’Lcgis!aturc by the ‘ovemor, and that the ollice-rs have continued up to this time
(ii. further period of four months), to discharge their duties under the oxpectatioii of being
paid as usual ;=ninl therefore, whatever may be the decisionof the Legislature as to future
years, the honour and faith of the Government is lcdgcd to see these persons paid for the
present year, ifnot for ii. longer period; but the ornniittcc are decidedly of opinion that
the reduction, in an biarrch of the public service, on rht to be in the‘ agprervate amount,
and riot in the dctni , which should be regulated upon t rc responsibility of tie £f}ovcrniuent,

, and not made the slibjectofpersonzil fnvouritism.

After :1 patient investicvation of the whole matter, and after licuring the testimony of the

: witnesses called before them upon the several points to whichpthey have been examined,

the Committee are of opinion that eorrsidcr-ations ofa personal nature, growing out of politi-
cal lrostility, linvc liud ninch more influence in dictating the appropriatiori of publicinoney
to the objects referred to by the Committee, than are consistent with a just and impartial
administration ofthose branches of the public service to which the Committee have tliouglrt
it nintcrial, particularly to draw the attention of the Council; and they are fully convinced
that nothing can have a more directtcndcncy to sup the integrity of subordinate public
servants, than the constant dread of having tlicir’stipcrids reduced orwithlield, or the
perpetual prospect bcintr held out to them of their being increased at the mere motion of

‘a popular body; and lherefore they do urgelupon the corisidcr-ation of the Council the

necessity of using all proper means to revent the belief gaining ground that the only road
to picfernierit is through the agency o the nreiiibcrsof the Asscnibly, and more especially
in matters connected with the adrnrnisti’.ition.ofiustice. -During the progress ofthis invcs~
tigatiorrtlie message sent up to the Council on Monday last, upon the subject of this Bill,

_ has been referred to the committee, wherein the Assembly declare tlnit ” the are at a. loss

to conceive how it would be more calculzitcd to advance the business of t re Legislature
to a close, ‘to have five new Supply’Bills originated in the Asscinbly,” in accordance with
the resolutions of the Council therein referretl to.

The Conirnittec ure of opinion that nothing can be more obvious than that by these –

means the riiostiuiportaiit gr‘-ants would thus be at once concurred in, and that others upon
which there might be ‘:1 diflercnco ofopirrion, would be brought underl the coiisidemtion of
both branches in such a sha e that mutual explanations niirrlit conveniently be had upon
them, and it‘,_ultiniately,”tie Council and Assemblymould not agree upon them, they
would be rejected without detriment to other matters. In .this message, tlic.Assembly
endeavoured to‘ throw the grosponsibility of not g’ran_ting the‘ ordinary supplies; of with-
holding the money for the relief‘ of the poor, whom thcy‘rapreserit to be upon the verfle
of starvation; and of refusing to pay ‘tl|C,(:0ntlngGllCl8S of thelegislature, upon tie
Council ;-but the most su

riiatoly‘rest,if the Assembly persevere in tllBll”pl’t!SeI1l. course; and especially when the

‘ dctemnnation of the Council upon this subject was rrindcVl¢ne\\’n to the Assembly so long

ago as tlrelflth do of October last. , .

The Council in t iéir resolutions have expressed their readiness to concur in passing the ,

ordinary Supply Bill, for dischiir ‘ng tliase expenses of the ‘Civil Government for which

.the public faith is pledged; that t ey will concurin paying _tlre’usual orintingleneies, although: V

fnrvcxcécding the-amount granted for that purpose in tormer years, toga
-~ ‘ . ‘ r; – _ 3 . .

‘ er with the vote
Q, .. . ‘ – I


‘ rficral view of the sub’ect will‘ be sutliciiznt to.‘ correct an error ‘
. so obvious, and tovplace t re responsibility wlierc the Cornrnittce are convinced it will ulti~


i\ EWFO L} i\” D-

ot”3,000l. or nioreif‘ the Assembly desire it, for the poor; and that they will, contrary
indeed to their own seiitinients, agree to the ineiiibers receiving 49.1. each for their attend-
ance during the Session ; but this will not suflice; the Asseiiibly insist upon several further
sums very nearly approaching 1,0001. being given to tlieinselres mider various preteiices,
and to considerable sums being paid to persons selected by the Assembly, whose services
the Council are not informed of‘; and it is thus that the poor are to be left to misery and
starvation, because the members of the Assembly are not permitted by the Council to
appropriate to tlieinselves and their adherents, so much oi’ the public money as they think
proper to take.

The sums appropriated by the present Bill to be paid to the 1-1 inenibers themselves, who
have taken their seats, amount in the aggregate to upirards of 1,5001. ; last year they \vere
contented with oiie—fiftli of that sum. *

Last year the contingencies, includiiig printiiig and the stipends to every ollicer and ser-
vant connected with the Assembly, amounted to 9841. “SA :1 (L, whilst this year their contin-
geiicies amount to 2,1781. :15. 611., exclusive oi‘ 5001. appropriated by the Bill to defray
the expense of three of their own body, as delegates, to treat with I1eri\Iajesty‘s Govern-
ment on the subject of the administration ol‘ justice and other matters, and l1lS0 exclusive
of £151. to the ollicers and rvants oi” the Asseiiibly appointed by the Crown, whose
services the Assembly have rel ed to receive, whilst they propose to pay other persons for

pei‘fornii1ig their functions, and so increase the charge upon the public by paying two sets ‘

ofotiicers instead ofone. , ,

Thus it will be seen that the Assenilily propose to increase the public e.\’penditure this
year over any preceding year, with reference to themselves and tlieirollicers, by the addition
uftlie large sum ol’1,!10SI. ms. £141., and iritliwliat advantage to the colony the Committee
are at a loss to perceive.

Upon a careful review of the \vliole subject, the Coniinittec are opinion that since the
Asseiiibly have, not\vitlistiinding.( their kiioivledge oi’ the Council’s determination, persisted
in comp sing in the same Bill appropriations for every description of expenditure; there is
no cours lelt for the Council to adopt, consistent with their sense ofajust application of
the public nione_\’, and of their repeated declarations oftlie irineiples upon which they must
be <_jarerned, than to amend’ the Bill, by rejecting all suci
iritliout liirtlier iiiforiiiation, coiiscieiitioiisly concur in.


(No. 1.)
! s..n{a, irllucgd No.01‘ male.
of .’ lI”|||C|llt ‘ ‘
OFFICF‘… l‘l.ACJ-I. i l’r<-at-iitSalar_\’. it-m.i.Ji ururzgi. °’,,‘\,,,‘f;‘{,’}f,’…,_._ l4lo”(ib”years 1, l|‘tIA:’:lg,“lllfi‘h|.l|l: of.-ige. 1 , «Z. :7. 5. Constable — Ferryliiiid – – ‘ —- 1:’. – 507 Gaoler – -, Ditto – – ~ 20 – – — Constable — Bay Bulls – — 12 — – ‘ Ditto — – lieiie\r.~:e – – — 1’1 — – _ Ditto – – Greeiispoiid -‘- —— 12 – — Ditto -. — St. :\lary’s ~ — 2:’: — ~ Ditto ~ ~ Cat. na — – -— 94 — — Ditto – – B0lll’t\l:tt‘t – -— 2-‘: – — Dino —’ — Ditto — ~ — – V — – Ditto – .’ Trinity – – – – ~ – Ditto – – ‘l‘orl’iay”” ~ – — – — – Ditto — – Cape Broylertr – – – – — — ‘-‘OU Ditto – – Caplin.Ba_v’,: v j – ~ – w – 70 Ditto – — Aqiiat’orte§ . — 1 ~ — – – ~ – ’54 Ditto -‘ — St. Lanrrence ‘— : – – – — — _ ‘ -’34 Gaol barber – St. .lolin’s – i 12 – — – – – ‘ ” 9 miles from St. .lolin’s. 1 Under 3 miles from Ferrylalitl. -r 6 miles froin Ferryland. _ :- §3§ miles from ditto. 1 portions of it as they euiinot, NOVA SCOTIA, NEW’BRUNSWlCK, &c. 7 n7 NE\\’FOUi\’D- _ LAND. _ _ (h o. 2.) . Al‘I‘l10I’nIA1‘l07\‘. OFFICE or: SERVICE. . “” 1936. 1837. Col=.\’cu.: :2. an cl.. 1.‘. 8- cl. . Clerk – – – – – – – — – – 100 — — 100 — — Usher – – – – – – — — – – 5:0 -— — 5_0 — – — Doorvlzeeper – – – – – — – – – 35 – —_ _ D5 -—- ‘- Contingencies of Clerk — – – – – v – 112 ,1!) 7, 1,96 1-: 1 Ditto ~ -—- of Usher — — – – ‘— — – 7 11 11 Master in Chancery – – – – – – – – 100 — v— _ 100 – – .€. _4o511 G 45114 1 Asst-:.\nu.v: ._._.;:…___..__._._._….. Speaker; new grant, besides pay as-.i Member – – – – – – 200 – ‘~ Clerk – – – – — – – ~ – – 100 — — Setjennt-at-Arnis – – – – – – – – 7:0 — —« Door-keeper-,’us nsuul – — – ~ – – – :15 — – 35 — Two under-doorl:ee‘)’ers, new ollices – – – ‘- – – – ~ 50 Messenger, as usun -‘ — – – – I10 – – an – – – * ~ – 20 Reporter, ditto ~ – — Assistant ditto, new office – , – , – – – – – {)0 Nexvspapers, new clmrge – – – ‘ 1;»: ‘J oiotavvrni . u : ‘I|lIialIllI lllllllfillll Nexvfouudlnnder, printing journals – – – – 1:10 – – 1110 v R. J. Parsons, proprietor Patriot, general printin – – -N) — — 100 ‘ Dontingencies – – – – – – – – 190 9 3 609 Fonrteenmenibcrs, M421. each . – ~ – – 300 – — .588 so1icitor— -‘ – . – – ~ – – – 100 — —’1oo _ Witnesses examined respecting the conduct of J. Stnrk, J. P. — – – :17 – Messenger to I-Inrbor Grace, to Summon them – – – – -‘ – 20 ‘ – £. 984 9 3 2,178 2 G ._…….._…….. Towards compensating Clerk, Serjennbnt-Arnis, Door-kceper,_and Mes- senger of the Assembly, appointed by the Crown – – – – 215 _ _ £. 2,393 2 rs (No. :3.) se 2‘- .{A] To Ytxhe rtiprescntntivus ol’the lnte \Vm. Phipard, in full for all zzlninis 611 l 1‘. tecoon ~~.- – -‘ -‘- – ~ . – .340 ;[A] To Thomas Morton, late :1 constable in St. John’s, for loss of ollice – I 35 >-
‘l‘on-nrtls delinying theexpense of a geological survey of the island – (150 — ‘
‘l‘owarl:ls supporting a gmnnnnr schoolnt Cm-bonenr, for three years,
eac -ear « . – – – – – – – – – .
Townrzlg defmyiixg tlio/expense ot’.tln~ee delegates, appointed by the
House of Assembly, to treat-ivitli Her I\lujesty’s Government in
London on thc‘sub_}ect of the udmini.v,irntion ; ufijustiée, the ugricul- ~ _
ture, the fishenes, and tho general state of the colony — – . -_ 500 —
.lohn Ellqrd, (L’Onl}?8IlS1).(l0n for pulling down his store at Port~de«Grave) ‘
nlnmes Doyle, (niz\mta.inix\r_: an orphan from Mnrch 1533 to .lune_1837)’

100 -.



‘James King, (building :1 bridge over Salmon Core River – –
Dr. \VnIsll, (smull pox nttendnncejuxiderdioard ofhealth) – .
Catherine Walsh, (sendinglunatic to Ireland) —. – . .
Mrs. Mullny, (sup orting her husband,‘ Dr.‘ Mxilloy, it lunatic)’ – –

‘ James‘ M’Donnld,’ arbor Grace,‘ (supporting udeserted cliild) – ‘ .
Robert Trcmlett, (supporting and sending‘ to St. John’s’ ‘ blind pauper)‘ ‘,Pearl, (conveying petitions) – _- I‘ .. _ V. – . .

I l Ill


. . 50 , ‘- –
[A] Of these persons, Phipnrd wns high c’anstable,’nt a snlnry of 100 l. :1 year, but withheld
by the Legislatume, the man being too old and»infirmbo,do his duty; while -Morton, a petty
constable, was dismissed for unis-.-ondnct; and yet the estate of the former, afier his death,-
is granted 40 I. for two years’ back ‘pay, while the latter gels n year’.-3 pnywoted nt ‘once. ‘
579′ V “Q32. «’ – ‘

NE\\’l-‘OU.\’ l)-



Enclosure 9, in
No. lo,


Enclosure 8, in No. 10.

S’n\’rr:.\I1:r<1′ (laid l.>clo1’c llonsc of Asscinbly) of Ontstaiinling Clninis


on the Colonial

ITEMS or 1.-.\’mv:.\’1>1’r1:1r1:. .1.nov:r\”r. —

, _ _ L‘. .1′. (1. £. 3. (I.
Pl‘lllllll‘L>{,‘Slilll0llCl‘y,&C. – – – – ~ – – 247 4 5
Pmsccntrons ~ – – . – – – – . 27.117 5
Quruncrs – – – – – .. – . – – gr; 14; ..
1‘|ll.‘lllllflll§::llL— – – ~ _ – . – – 7 9 9
Postzw ‘ll\llll)Cl(lQnlIllS – – .. – .. – _ 1 1 7
Re l‘Gnu]s – — s . – . . _ 5:; 17 11
Rciel‘of’thc poor – – ~ – – — – ~ 400 17 5
1709;-giiiis – – – — – .. . – _ 55 1 _

_ 1,100 5 7

Attoriiryguiicml,witnesses – – — ~ – — – – 90 – —

1,190 .5 ‘7


Co,nrAnA’nv1-: Srnri

.\”r ofsunna cstimzitcil for the nndcmicntionecl branches ofthe Public

Service (as lnid before the House at‘ Asscinhly by the Governor) and of the Sums voted

to defray the sonic.


Deficiency ¥ – – –
Add mnonnt ol‘ontsl:\n Lenrcs totally unpro\*i(le

Enclosure 9, in No. ll).

1’rn.ns. l l!S’|‘l.\lATE.

L. an 11 .6. s. (I.
‘I’riiitiiig,&c. – – . – — – – — -, 5:30 — – 3:10 — —
Coroners . – . _ _ _ . . — -1 1:10 – — 120 — —
‘l-‘nr:lnn<lliglit~ — – – – – – — -j 300 – – sun – —
lli.-pair”o|’c<nn-t—hous ‘ – – – – – – -9 ISO — — 100 — –
l’osh_ IlI(lll|Cl£lCllL‘(l:‘i – ~ – – – – -‘ 127.0 — – 60 – –
l’rosocnl.iun‘»- — – – – – – – — -I 5100 ~ – 500 — –
‘~ — – . – – — – — – 700 — _ :1.-12 — –
– – – — – — — – – 5150 — — 400 — —
Cm1linL’L-ncins — – – – — – ~ – – 500 – – 100 — –

Fug-g~’I ‘ — —~ – – – – – – ~ $1.30 – —— nil.

“l’n1-: grovernor, in thc fimnioinl st’.\t<.-nicnt hull hoibrc the House of Assembly at tho coni-
inuncmmunt of” the present session, 1’1-pmsL2ntc(l that there were outstanding claims upon the

Gorcriiixnnit ol”1,1I)0 1., innlcr the Following lxeanls.

l‘rinLin<_,:, stationery, kc’. – — – – — –
Civil mid criminal prosecutions ~ — ~ — –
Crirmiers – – – – – — — – –
|71n:l und liglit – – – – —~ – – –
Pos and incidentnls ~ , – – – — –
Re 211 ofgnols – – – – – — ~
lleliefol‘ the poor – – ~ – – —

Firing log~gnns – –




And other demands on the Government have ut later periods been _lrrid before the House,
for which, with the exception of one item, that. of fog-guns, no provision seems to have been

His Excellency also forrvrrrded an estimate of the sums rc uisite for the service of the
current yerrr, between which sums and those in the Bill passed iy the House of Assembly
there appear the following discrepancies.

-——-—— rrs’rmA’rE. sum vorsn.
£. s. (1. £. 5. :1.
Printing, &c. — – – – – – – – 550 — – 350 – –
Coroners – – ‘— — – ~ — – ~ 150 – — 120 -— –
Ilérrel and light -I – ~ – — – – – 300 — — ‘J00 — ——
cpairs of court- rouscsv — – – – – – 180 — – 100 -—- –
Postaocs and incidentals – – – – – – 1-.20 – — 60′ – —
Civil rinrl criminal prosecutions — – — – ~ 000 — — 500 — ~
Gaol expenses – – – – – ~ – .- 700 —- — 352 — -“
Circuits – ~ – – – – – – » 560 — — 400 — —’
Contingencies – ~ – – – – — – 500 ~ — 100 — –
Fog-grrrrs – – – – – – – – 2:70 —— — nothing.

“ Including surgeon and barber.

The estimate was based upon the experience of former years, and if considered erroneous
or excessive, his Excellericy would have been and will still be happy to supply any infer,-
matron requested which he may possess upon the subject.

Should the debts continue unpnid, and the sums voted under certain. heads be allowed to
remain mrmifestly inadequate to the expense of the current car, not only will the dignity
of the Goverrmrerrt be irrjuriously compromised, but the pubic service must be suspended
in some of its most important brurrclres.

With respect to the amount of It vote of credit for unforeseen contingencics,tl1c governor
has only to rcrnark that it seems requisite to combine with due carrtron-as to its nmount,
rr consideration of the difficulties in the way of assembling the legislature, arising from the
climate and other circumstances, should any emergency cull for a sudden and unexpected

Goverrrmcnt~Horrsc, 11! October 1837.

Enclosure 10, in No. 10.
TO His Excellency Hezrrg Prescott, Esq., c. 1)., Governor, &c. &c.

Mny it please your Excellerrcy,

THE House of‘ Assembly, with reference to your Excellcrrcy’s message on the subject of
certain clnims upon the Govcmment, rind of the estimates for the present year, respectfully
inform yourfixcellencytlrrrt, in their votes of monies for the service of the current year, they
were actuated by :1 sincere (lesirc to support the dignity of Government, and to give effect
to nll the nccmsury branches of the public service,‘ and at the same time to keep the civil
rnrdjrrrlicirtl expenditure within those limits of economy which would enable the Assembly
toltlevotc as much as possible of the colonial revenues to the pcrrnnncnt iniproverncnt of the
-co ony. . . .

That, in the course of their cxrrnrirmtiuri oi‘ the public accounts, so for us they have been

I lrrid bel’ore the House ol‘ Assembly, they found that various clmrges lmd been paid or allowed

cxcecdin-r gr-eutly chawres ofzt similar clrnractcr in lbrrner years, and that some charwcs, of
:1 novel (lcescriptiorr, had crept into the public accounts, which the House of Assembly
not deem it proper to recognize. ‘ ‘ –



Encl. 10, in No. ro.

Tlrnt, while the dietary of-the prisoners‘ in goals had been reduced to the lowest scale on V

which perhaps humnn rmturc crrn in n climate like this exist, a corresponding reduction had
not taken place-in the gaol expenses; that, under the head of‘ civil rind ernninrrl prosecu-
tions,u number bl’ costs and charges have been introduced, with which, waiving any question
as to the propriety of prosecuting at all in many of the cases, the public purse under any
circurnstnrrces ought not to be burthcnerl ; for neither in the parent country, nor in the other
colonies in enernl, docs the Govenrmerrt rlefmy the expenses of prosecuting for common
assaults (HIE other petty misdemeanors; such expenses are either paid by the parties prose-
-cuting, or form a subject for ndjudicrrtion by the courts before which they may be tried
‘ . . ‘ ,

579- V 04.,

i Wrtlr


120 CORl‘\l£SPO;\’l)E;\”CE RESPECTING THE GO\’ERNMEN’1‘ 01*‘

Willi i'(,’ll‘I‘L’)‘i(‘C in tin: cli:ir;;o.< for fuel ninl liglil, ll\l’ piililic l)ull(lll1!{5,:l\\(l priiiiini: and- .-tiiiiuiii-ry, it \ras discuvi-.r¢(l tlint ii cuiisiilci-iililc portioii of’ the for-iiiT:i’ was consumiad bv lliu .~ln~riil’ in his tl\\L’lll1]§1‘-llL\ll>‘C, und :1 not. vary trifling part of the expense 01′ the liittdr
inciirreil in tin: .<lii-rili”s ullicc; mill tlin llon.‘C\\‘l|(!l‘(‘, rind n iiseli-ss e.\’poiiililiii’u of pnblizc iiioiiev, made com-
iiiciisiiintc rciliiciiiiiis in thc i’c.~’pcctivc votes. ‘

The llniily ll|l‘ll\L!l’ beg‘ to iiiiiiiiiite to _\’0l|I‘ Excellency, tliiit the sums voted
ll3|‘&‘ll”CI|l I(l lbrciril znnl criiiiiiiul pro.<i~uutiuii::, -.n’c of lll(‘. siiinc ninmint sistlie sniiis
‘ nilnr ])lll’])U$t, in 1:43-I, nnil tlnit tlii: siini voted for printing, &c. C.VC€E1l$illll’.
sniu vutml last ye r ‘ mill its rogiirils thc cstiiiiutc of charge for firing fog-giiiis, us it seeiiis.


lo hi: .1 _-_:ciiui-nl opinion that siicli-c.\‘pciisc lllfl)‘ lie .~’nre«l witlioiit iiicoiiveiiiciicu, now that
two lif‘1l|l—l\0ll$0S‘.ll‘t! e.~’2:ili]i.-lii-il 1101!)‘ this port ul’St..loliii’s, the House of Asseiiilily respect-

fully Tl.‘qll(3.~’l1l1lIl. your lixcollc-iicy will lie plcnscil to give directions to liiwc the practice of‘

firing fog-giiiis disuoiitiniictl. I
iiinis on the Goi-ui-niiiciit, to \\-liiuli your Excellency

On ii i’c.Fcri:in:c to thc oiitstniiiliiig

‘*iiil\‘i-rts, thc riinniiiit (‘.ll(1|‘gl.'(l for repiiirs ofigiiols :ippe:ii’inu to be prinui nlly Ljonipo,~:cil oi’-.i
for the ‘

clinr ‘U For tlic interior lilting; iip 0|‘ tlic slici’ill”.~’ il\\’ulliiig—lio\isc, min For stoi-
.~:li fl, ilic uUll.‘L‘ of :\.<sc1i\l)ly cannot in nnywziy rccognizc sucli Cll£1l‘f__!CS fur the .lieril’l”s lioiisc 11> pnynlile out iii’ the public fC\'(‘.nll(!; nor can they iulinit the charges of .<tzitiuiiui’y i nnil ])l‘li)lll\f_‘: (hr the slit-rill”s oilice, iiii.-Iinleil in tliu plll)li(‘ stzitioiicry mid printing accoiiiit, .l’li:cl»1I.iii.\’o«lO. ns clizirgcaililc. iipmi tint fuiiil, iiiiil ‘7.llC lloiisc ()f}\S>‘(‘l|1l)l’y’ imist firmly ilisceiitlroiii ‘.in_v
nppliuiitiuii nftliv public nionies to either purpose. – ‘
Altliiiiigli the House of Asscisibly lirivc, iiftur a (lisp. unzitc coiisidermion of the various
(!.~_’~fl|)Hll.l?.~‘ iiinl )lll)ll(_’ i’lL’i’0\||]l§ siibinitiml to tlicni, l\l‘I‘l\L‘(l ill the coiiclnsiori that L,‘0ll:-lllL?|’-
able roiliictions iniglit still be ninili-, with nilriiiitiigc to the public, in i.=e\’ernl bmnclics oi‘
lliu (‘.UH1l| rciit ex l‘llr1QS ul‘ tliv Governinent and courts ofjuriticc, yet, infliicnceil by an
eiiriicst ilr ri: to re icvc ynnr Excellency from any anilmrrnssiiiciit respecting any fair claims
now snl sting ngziiiist the Gurerniiiciit, mill to innke up any necessary deficicncywliicli
may arise in any of the-. 5\l])[)ll(‘:i of the present session, the Ilousc oi‘Assoml>ly, in order to

enzililc your ‘J:‘.xcvllL-iiuy to lIl£’L‘C (hose olijccls, liavo resolved to place art the lllE[)0:4′.ll ol’yoniI-


furilic-r sum of 2,000 L

(signed) Wm. Cizrsoii, Speaker.

Enclosure H, in No. 10.

(ii-ntlamt-ii, _

As l am in thc l|l}_:llcSl dc-_:i-cc iinwilliiig to enter into nnytliing like :i contro\’er.~‘iul dis-
L‘lI ion with the ll4’.‘1l;ll(.\f .‘\”‘l\’Ill ‘, I slinll ubstmn lI’l)l1l‘0l)5CI‘\’1l‘ll0I‘t on vnnous parts of
(lll.\‘t\(l(l|'(.‘:~>’, iinil coiitcnt my._:ll’ lli staniig, that the t.-stimutes fur the CUl’l’€nl’_Ve€\l’ were
pi-epnri-il with rurc and ritti-ntion; tliey_wci‘c gciicrzilly loiiii(_li:d upon past cxperieiice, ziiiil
in .\ulii(: pzirticiilnrs, iipmi prospective l||L’l'()ZlSC of L-xpr.-rise, in coiisequeiicc ul l’t1CCX\(lcglS—

liitivu l.’l‘.ilL‘llll(‘Ill>‘..
Ilnirv :ilw:n’.~’ been and slinll ever be ready to zillbril ‘l’ln: llonse all the information in
mv power rcsp ‘1ll|L“ aCL’0llI)l.-‘, and it is my \\lSll to practise :\..
piihliu exigencies will permit.
With l‘c.~‘ eat to the fog-giiiis, as tl|O_\’ nre only fired by day. ziiid not by nigliiktliey urc
iiiiporuint or iic-ccss:ir_v by the cfilflllllslllllfllll ol llgllt-llls.

nnt I‘t.’|I(ll_’l‘C( l(‘
Grant inisic.-liicl‘ mm: :ii‘i.

correct coiiipiitziliu ‘ _ _
mm the W,,,;,,(_. «uni will Live tlicni tnnely notice of their £Xppl’D:\ClI’l0 the shore.‘

I would, (lit-rcfurc, Vi‘(:nllll’8 to rcconuiieinl :1 l’ui’tlii:r,considemtioti of this suliject, so im-
portrint to our connnercial iiitcrusie and to liuniun lilie.

Gnvcrzinient House, ’26 October 18217.

strict an economy as the-


E11cl(iSu1‘el‘2, in No. 10.

AN ACT for grziiitiiig to Her Majesty 0. Supply of Money for dcfruyiiig tlic Expense of the
Civil Govemnieiit of this Colony, for the our ending the 30tli’day of June, in the Year
of our Lord 1838, and for other Purposesi ‘

May it please Your Excellency,

W22, Her Majesty’s dutiful and loyal subjects the Commons of Her Majesty’s Island of
Newfoundland, liavc freely and voluntarily resolved to give and grant to Her Majesty ii.
supply to defray certain clmr es for the support of the Civil Govei-nmentvof the colony, the
adnnnistrzition ofjusticc, an the contingent expenses of the Legislature; and do liumlzly
beseech your Excellency that it may be enucted, and-

Bc it therefore enacted by the Governor, Council, and Assembly of Newfoundland, that
from and out of such monies as from time to time shall be and remain in the hands of the
treasurer of this island, and uiiappropriated, tlierc sliall be granted to Her Majesty, licr
licirs and succefiors, the sum oi” 19,0681. 23., wliicli said sum shall be applied in payment
of the following charges for the year coinincncin on the 1st day of July 1837, and ending
oln Elie 30th day ofliine 1838 inclusive, and for t n: other purposes as hereinafter expressed;
t in is to say :—~

.€. .9. d.
$0WIXl‘ll§S clegmying tllic sallary of the clerk of Her Majesty’s Coupfpil – 200 — –
owar s ( e rriyinw t ie sa arics of two clerks in tlie Seci-etury’s 0 cc ~ 400 — –
Towards dfpifrayiiig salaries of an oliico-keeper and messenger in Score» I .
tiny s o co – – — — – – – – . ~ – 105 – –
Towtirds defraying tlic salaryof the clerk of the Northern Circuit Court 200 —— —
:r0|Vi’ll‘(lS <lel’raying the salary of the clerk of the Southern Circuit Court 200 — — Togurds defraying the salary of tlie cricr and tipstafl‘ of the Supreme ‘ oiirt – – ~. – – . . . .. . – . no _ – :I’owurds defraying the salary of tlie gaoler of St. Jolin’9 – _ — ~ 50 – – Foévlitryisldgfmying the salary of one police magistrate for the district of . o in 3 ~ – – — . – . – . – – 250 —- — Toivfirdsrdgfra iilig the salary oi‘ zi.-second police magistrate for tlie dis- trict o t. o in’s – – – . . . – – – – 250 —- – ‘ Towards defraying the salary of the high constable of the district of St. John’s ;- w – ~ – – . .. .. . . so .. .. p Toivards dpfruying the salaries of six police‘ constables in the district of St. John s, attire rate of 451. each – – – – — – – 270 – – T0(\£l)!‘l'(lS. (llclfmyiiig the salary, ofl’ice~rent, and all contingencies of the . onia rea_sui-er – – – – – – – .. . – 400 .. .. :l‘owards dcfruyiug the salary of one police iniigistrute at Ilarbour Grace 150 – — _ foiyurds defraying the salary of one police magistrate at Twillingate and owe – – ~ — . – .. – – .. – . mo .. .. Toivzfids dcfra inrr tlie.salni’ies of three police constables at Harbour Grace,- bein 351. or t ie lugli constable, and 251. for each of the other two – 85 — – Towur s dcfinying the suluiy of tlic gaolcr at Harbour Grace – – 50 – —~ TOW{Il‘tlS delraying the salary of one stipendiary ningistrate at Carbonea 120 – —— ‘l‘ol»)vards delfmyiiig the salaries of three police constables at Carbonear; einrr25 .cnci — – .- — – — . — – . 7-‘ — _ Totvnrtls defmying the salary of Ol1f:>SClPBlltll(lt‘y niagistmte at Brirrus ~ ‘ 123 – –
Towards defmyiiig the salury of ii constable at Brigus, and tire salami-y of
xi constable at Port-dc-G1-ave ; being 25l.’cacli – – – – so — —
A furtlicr sum of 3721. toivnrds defrziyinrr the salaries of gaolers and
, constables in the following outports; tint, is to sny:—-—- ‘
A constable at Buy-do-Verds _- – — – – – – – 12 — –
A constable at Harbour Main — – – -_ . . . – – 12 _. .-
‘ A constable at Cat‘.’s Cove – – ~ — – – – – — 12 —- –
A coustublc at Western Bay — – — -. . – – — 12 — —
2 constalglle on élic sputg sliore – – — — – ‘ – — – i2 – –
consta c at erry an – – .. – – . . . .. 12 ._ ..
A constable at Bay of Bulls .- — – – — – – . — 12 ~ —
A constable at ‘I’oad’s Cove – – – – – – – 12 – –
A constable at Cape Broyle -_ — — – – – ‘*- 12 — -—
A constable at Cuplin Buy _ -‘ – – . . . ., _ .12 _ ..
y A constable at Aquafort – – — . . . .. – – 12 _ ..
A constable at Ferinuse – – – – – . . »— — 12 — –
A constable at Renews. – — – -V . . . – – 12 —— –
V A constable at Plncentia – — – — – . . . ‘- 35 .. _
A coiistable at Little Pluccntin – — – .. .. – .. – 12 _ ..
_A constable at Barren Islands ~ -, ~ – – – – – 12 _~ —
VA constable at Mcrasliccn – – -p – – ~ – – – 12 – –
‘579. i I . ‘ n (conz‘inuer{)’ ‘


Eucl. 1 2, in N041″!

‘ NE\\’FOUi\’l.)-


A c() :11. ll

A (‘OllSl:llJl(: at Saint lm\\’l'(!H(f(! – – ‘ – – – – . .
A C0lLN’ll)lllU at – – – – – – – –
A can. ill! Ill ‘it M: ‘ – – — – – — –
A can. rle ill ‘l‘1′(apns.-o\’ — – -‘ v- – – – —

A cons1ul.)luut llurl)<nx|*’llx’i(nin – – – —
‘A constublo at (irnml Bunk – – — –


.n. Bay of; Bulls
te at l7cI’i’_vl:md –
le :11, l’l:icentin- –
_ ll.(31ltlil1l’iil –
V ihe .<:xl:n’y ol’Lhc_. 1]\emliin’ rule at St. M:n’y’s
‘ (l(3ll‘(l_\’I| the sulury oi‘ the 2~’ti[n:m|iuI’y-111:; .~‘|r:xt4: zit llauhuui’
inn ~ — — – – – — – – – – —
T’o\\‘:mls (lUil’1yilIglllc .<:il2u‘y nl’tlic .~:lipcI1diury mn ~” mic. pt’l’1’ii1iLy —
To\\’:1r ‘ing_\; the :1 rie.-5 of n ;_-‘noler uml cu blu in ccrtnin out-
‘, n g;:1olc- in Trinity, :_ I.; one cunstnlilu at
1.; :1 eun.l(: at C-iilzilinzl, ’14 Z. ‘ ‘- – -~ —
ing tlio s’.ilnr_v oJ’n stipcnnlimy n1::g’is1r.’ite’ ill .l30nm’isl:1 –
ing Lhe ._.’1l.n’ie.< of constnlylcs _in the lbllowing outpurls;

ulury 0

that is in .
A consnxblc M Jlonzivistzi – – – – e –
A Cl)l]Sl,2|liiL’ at (Wren, pond – – ~ – –
Tlircu cuihl: It T illiiignlu uml lilogo – –
A (:01 Lnlilv, all liluits 1321 – – -— – , –
A constable Ht ll:-igms Soul: —
A constzilile at Will
A 4: xsmble at l’otL_\’ ll ‘
.e\ (‘&)ll:~‘l‘.|lJlL) zit Old Perlic-:ni – ~ — – –


A coiistiilile at llem’l’s Content – – – – ~
A cmistnlile at Ilun llfll’lJ()|l 1- – V — – – —
A co1isL;1bluut.i\c\\’ I urlxoui – -‘ – – ~ ~—

For (lel’1″1\’in<=’ tlic 1\L1<n*nv, rr<-neml”: fees, and in lieu thereof -5 –
‘I‘m\’m'(lsi 1yin;_;‘ «lulu ma liwnn an <=.rror in tlic Govern-
ment L-.-;tn\ml«~. oi” the snlzwi police l’:Dl|SlIll)lL‘S at St. Jo|m’s, liar
the qnm-(er untlinw ‘l0l.ll J U110 1$:i7 – ~ – – – –

To def y the expo l’ civil and _jn<.licinl printing and stnliuliery, ex- clusive o|’v.ln> sli itl”s ollice – — – – – – – –
‘l‘o\mnl.~; <lul’ru_\’ing the expense oi‘ civil and criminzil prosecutions – —
To (lefra the ¢liL-Lury, clothing, wusliin§_f, &c., and for otlicr incidental
e.\’p< For pr .one1’s throughout the land – – — – –
Towui 5 (l(:il‘€I)‘ill_‘__‘; the uxpciises of the orililiaiy 1’epairs of COUH,-ll0l|SC.‘i
and gzmls. — – – — – – – – – – –
To Ll:-i’my the cxpc-n.

To defmy the (‘.\’pL’l1SL’.s‘ of‘ fuel and liglit for public buildings, exclusive
oi‘ the .=hux‘i1l” lluusre und oiliccs – ~ – -, – – – —
To Lie-ii‘:-y the try oi‘ the inc-(licul ‘dU.CH(l(llll, of tin: gnol of St. Jcliifs,
]7X’0\‘iLlC(l tliut the ncilicnl nltendxuit oftlie gzml slmll not hold _tln-. np—
puinunent nl’Lli.~‘lrir-.t §lll’gCO1’| or lHCLllCi\l ziltcndunl of the poor of the
(li5l1’i\”L oi Julin’.< ~ – – – -‘ – – – –
To ¢leii‘:1_\’ tlie il:n‘_v oi‘ the l)l1l‘lJ8)‘ oi” the grtol of St.J0lm’s – – —
‘I’o\\’m’zls (l(!l lying tlie .~:nl:u’y of the inediicnl z1t_ten

ll:u’|Jour Gmce – .v ‘- — – ‘~ — – _ — . — – ‘ —
To\\’:n’rls <leii’:1yiiig the (‘.V[)Qn>3CS oi’ postn_ n, &c. – – – 7 –
‘I‘ou’m-ds (lel’myii1’-‘tlIc e.\’pe – oi” the hi1-ingnl’ vessels, and covering all

the 0i.lH._‘l”U.\1)LI‘l es ol’ti1cju<lg,§es on the usual circuits ~ – —
Toxvanls conipcnsuting Jmucs Bluikic, llsq, for the loss 0!’ income pro—
(ll1CL‘(l by ti1c’Act for the -nnmlgmnnliun of the oflicc of clerk of the
Central Circuit Court with that. of the clerk oi‘ the Supreme Court,

for the ‘car cnding‘:10tli June 1838 . — – —

:Tu\vnrtls (-frziyiiig the expense of rcniuving rocks and obstructions in

Quinli Vidi Harbour, to be expended under the same superimendcnce
nsl:1sL\}oz11′ – – – ‘ — – – – – – — –

_ TO\\’£ll'(lS deli-u_vin;; the expenses of uulbrcsccn conlingencies for the year

ending UUlli‘JLiiic 18:18 ‘- — — – – – – —
‘As a<l1 Jolin’s- – -‘ – – – – – – ‘V
A.» uhlilllltiilill rcinuncmtioii to Michael 1-lnycs for taking census of Con-
vupliuii Buy – : — – ‘- – – – ‘- ‘ ‘ – – —


\Villiznu Einil‘; (‘or taking): census-of ‘


|:.z:,>—<-.-.4x:——‘—-is. :.‘r:|:x’.-1::-:.-v:.:1:. t.- ]l)() 100′ 101) _ I00 ‘ 100 IOU 130 ’74 100 300 ‘mo 1150 S. NOVA SCOTIA, NEW BRUNSWICK, &e-. 123 ‘I’r.>\rar(ls compensating John Eflord for his store and stage, containing . LAND
craft and other roperty, cut down by order of the magistrates, to save
the harbour of ort-de-Grave from being bunit on the night of the 5th

January 1887 ~ – – – — -. – – – – 17.0 – —
‘l‘owar(ls com ensatinrr James Doyle, of Carboncnr, for maintaining an

orphan chi d since hdnrch 1632 to 30th June 1837 – – , – — – 36 19 (1
‘l‘o\\’ards defrnying the expenses of erecting a grand jury room in Har- ‘

hour Grace ~ – – – – ~ – – — —- – . 50 – –
Townrds rcmunernting John King for having erected a commodious and

useful bridge over balmon Cove River – – – – – J 30 – –

Towards remuncrating Dr.‘ Walsh, cf‘ Cnrbonenr,‘ for services performed
professionally under the board of health during the prevalence of
small pox – – – – ~ – – – – – – 25 -—- ‘—

As it retiring ullowancc to John Buckinglmm, of Curbonear, Esq., incon-
sidcmtion of his post services as u stipendiury magistrate in Concep- ‘
tion Bay – – – – – – – – ~ ~ – ’50 – -‘

To defray the ex enscs ofa special rnessengcr, and ofxvitnessesexurnincd
nt the bar oftiic House of Assembly in the following manner, that is
to say: To Thomas Ridle , James Bayly, James L. Prendcrtrast,
James Sharp, John Jacob, the representatives of the late James lip~

islcy, Robert J. Pinsent, \Villiam Stirling, Alfred Mayne, and John
iennell, each 51.; Thomas Byrnc, 11.; Thomas Byrne, road~sur—
vcyor, 6!. – – – – – – – – 57 — —

Special messenger – . – – – – – 20 — –

77 – –

‘l’o\\’aids relieving the poor of the ontports of this island for the year cnd~
inrrJune 30, 1838, provided that the same shall be disbursed by Boards
0 Commissioners, to be appointed by his Excellency the Governor in
the several electoral districts; and the articulais of such disbursements
shall be returned to his Excellency ha F-yearly, in detail, which returns
shall be ublishcd in some public newspaper in St. John’s; and rovidcd
further hat the said sum shall be appropriated in manner fo lowing:
that is to 5:1 , for the district of Conception Buy, 600 L; that is to say,
to be expen ed in Carbonear, 2001.; Harbour Grace, 2001.; and in
Brigus, 200 L; St. Mary’s und Pluccntia, 1501.; Trinity, 1501.: that is
to say, 75!. to be expended at Trinity harbour, and-76 L at Hunts liar-
bour; Burin, 1501.; Fcrryland, I50 L; Bonnvistzl, 1501.; Fogo and
‘l‘wiIIingnte, 1501. – – – — – -i – – – – 1,500 ~ –
Towards relieving the poor of the district of St. John’s for the same period,
provided that the same shall be disbursed by a Board of Commissioners
to be up intcd by his Excellency the Governor, and the particulars of
suchdisliiirsements shall be returned to his Excellency liulf-yearly, in
detail; which returns shall be published in some ublic ncwspaperin
St. John’s. And provided further, that his Exec ency the Governor
be enipuirered to nominate and appoint four medical practitioners resi«
dent within the district, to act as, and be the district surgeons, or
medical attendants, of the district of St.John’s; and to deduct the
sum of120 I. from the said sum towards dcfraying the salaries of the
four district surgeons of St. John’s, being the sum of 80 l. for each for
the same period; und a further sum of 401. towards the urchasc of
medicines to be dispensed in the town of St. John’s, and t rat there he
called for, by public notice, tenders for the supply and dispensing sueh
medicines, and the lowest tender shall be preferred; and t nit a. further
sum ofeol. be placed at the disposal of the Indigent Sick Society *-‘ 1,500 — –
Towards compensating Matthew Stevenson, late clerk of the peace at
Harbour Grace, for the loss of his oilice – – – – – –
Towards compensating George llippeslcy, for services performed. by him .
as assayer of, weights and measures‘ – – – – – – 15 — —
Towards mmunerating Thomas VVillinms, assayer of weights and mea-
sures for the district of St. John’s, for his sewiccs and expenditure as

such ussnycr – — – – – – – – V. .- . .50 .. —
Towards defrayiug the salary of the stipendiary- magistrate at Grand , v

Bank – — .. _ » – — – – . . ‘. mu – ..
Towards conipensnting Catherine Walsh, of Brigus, for paying the pus-.

sage ofn lunatic to Ireland — – – – – – – – 10 — -—
Towards supportinv Julianna Armstrong, widow of William Armstrong, \

late mars ml oft re Supreme Court – – . – – – – – 50 – ‘~
To defray an addition to the salary of John Hon-son, office-keeper in the ‘ i ‘*

secretary’s oflice ‘ – – — ~ – – – – — – 15 —‘ —
To the representatives of the late \Villium Phippurd, in full for all claims

on this colon — ‘ – – – – – — ; – – – 40 —- –
To J ohunna Mulloy, wife of Dr. M ulloy, of Harbour Grace, for the support ‘ ‘

ofher husband, being a lunatic ~ .. ._ ,.. ,, . – ‘ – ’30‘ —’-V‘ –

5- ~”- “- Neuronal)-

. 579. ‘ S’ ‘ g -V (cniitiirurd) I I’


Tm\al‘ds rmiunerating tliecliairman of the Cential‘Board of Commis-
sioners of Roads, under Act 6 Will. 4, c. 15, for his services – –
Towards compeiisaling William Martin, for his past services as high con-
stable of Conception Bay – . – ~ . – — – – –
To rlefmy the expenses of‘ the general election of1837, as follows:-—
Expenses incurred for the election at St. John’s, 561. 9:. 7zl.; rctum-
ing—olli<:er, 251. ; poll—clerk, 101. Expenses incurred at Fortune Bay,
IL 14:. 8r1.;- tetuming—oflicer, 251.; poll-clerk, 101. Expenses in-‘
curred at Buriu, 141. 105. 411.; retuming-ofliccr, 251.; poll-clerk, 101.
Expenses incurred at Placentia and St. i\lary‘s, 91. 10s. 8d,; return‘~
iug-oflicer, 251.; poll~clerl<, 101. Expenses incurred at Fen-yland,
ietirniiiig—ofllcer,2.51. ; poll—elerk, 101. Expenses incurred at Concep-
tion Buy, 371. 12 s. 811.; returning—otlicer, 251.; poll-clerk, 10!. Ex-
penses incurred at Trinity Bay, 11. 4s.; returniug—officer, 251.; poll-
elerk, 101. Ex enses incurred at Bormvistn, 31. as. 811.; returning-
oilicer, 251.; po l-clerk, 101. Expenses incurred at Fogo, 131.; re-
triniiiig-oflicer, 251.; poll-clerk, 101. – ~ – – — –
T0\]\‘{lI'(lS defraying the salary of llle clerk of Her Majcsl,y’s Council for
tie iresent SO§lDn – – – – — – — — –
Towarlis defrayiug the salary oftlie Master in Clranceiy attending Her
i\‘lajcsty’s Council for the present session – – – ~ – -‘
Towards defrayirig the salary of the uslier of die liluck rod — _— ,-
To(\;’ards_ldet’raying the sa any of the door-keeper of Her. Mayesty s
ounci — – -. — – — – – – —

To (lie clerk of Her Majesty’s Council, to defray the contingent expenses
of Her Mujesty’s Council during the present session – ~ ~ –

Towards defroyinrr the salary of the Honourable the Speaker of‘ the

House of Assem ly » — – – – ~ — –
Towards defrnying salary of Solicitor of the ljlouse of Assembly for the
present session_ – — – « – – – — – -_ –
To the door-keeper of the House of Assembly for his services during the
present session – ~ ~ – – – – ~ – –
To two under‘ door-keepers of tlie House of Assembly for their services
during the present session, at ‘.251. each – – – – — —

To the messenger of the House of Assembly for his services during the
present session. — —

To the assistant messenger of the House of./isscmlily for his services

during the present session – — – – _ -_ — – –
To the re orter of tlie “OIL-ae ol’Assembly for his services in reporting, &c.
ofthe Yiouse of Assembly during the present session – — – –

To the librarian of the Legislature for her services ‘ – – – –

To the treasurer of tliis colony for procuring. copies of certain public ac-
counts – — – – – – – – – — – –
For arrears due to John Sliea for printing journals of House of Assembly
last session — – – – – — —. – – — ~
‘l‘owo.rds discharging the arrears of expense of firing fog guns from the
1st July 1836 to the 31st December 1836 – — – – –

Towards rlefrnyin tlie expenses under the following general heads, for
the quarter cmlin June 30th 1837, beinrr one-fourth of the-several
sums voted for trose urposes, as lrereiniieforc mentioned, that is to
say: civil and judicial’ printing, 871 105. ; criminal prosecutions,
12.5 L; expenses of prisoners, 751. ; repairs of gnols and court-houses,
251.; coroners, 301.; fuel and ii ht, 501.; medical attendant at gaol
of St. John’s, 10L; ditto atllar our Grace gaol, 51.; barber at gaol
of St. John’s. ’81. 155.; postu es, 151.; contingencies, 261.; and also
to the poor of St. Jolin’s, a urtlier sum of 2501.; and to the poor of
Outports, 2501. – ‘ – – – ~

Towards defraying the expense ofa geological survey of this island @-
1’o\\’ardsdel’rnying the fees of the Solicitor-general – — ‘ – –
Towards remuneratinrr J ames M‘Donald, oi‘. Harbour Grace, for support-
ing 9. deserted child (Tliomas Fanning) – – ~ – – -~
‘l‘ou’ards remunerating Robert Treinlett, of Twillingatc, for supporting’
–and tmnsrnitting to St. John’s a blindpauper – ‘ – -» – ~

To the Hon. t.he.Speb.l(er offthc House ofllssembly, to defray the ‘ex- ,

penses of newspapersfor the House of’_Asseinbly; that is to say, the’
Patriot-news aper, 11. 53; Re n.l Gazette, 11. 15. ;’ Public Ledger,
11. I 15. 641.; ewfound_la.nder,_1 . 1 5.; Times, 11. 1.9.; Mercury, 1 Z. 1 s.;
Star, 11. 15.; Sentinel, 11. Is.’ — ~ . – – – –
ownrds compensating Stephen J. Daniel, late of Carbonear, for services
uniformed as assayer ofwei’giits’and‘measures ~ – – – – –








NOVA SCO’l‘lA_. NEW BRUNSWICK, &c. ‘ I 125’

Towards defraying the charges of registering voters, as follows :——In the. £. 5. d. *NB\VF0UND-V
district of St. John’s, Thomas: O’Connor, 21. 55.; Robert Holden, 81.; LAND-
James Finlay, 101.; JolinM‘Lennan,21. Gs. 1 r1.; John’l‘orr, 11. 14s. 7¢1.; . ‘
John Freeman, 11. 14.9. ‘7d.; William Heaney, II. 14:. 7d.; Thomas
Morton, 11. 14s. 7 (1.; Henry Winton, stationery, 91. 13.9. 3d. In Con-
ception Ba -: Thomas Danson, 714 ’15.; John Buckingham, 21. 23.;
William Stirling,’_8L 85.; Richard Rankin, 81. 8:.; James Sharp,
.’r1. 55.; Benjamin Rowe, 31. 115.; Daniel Beams, 41. 105.; John
Barres, 81.; Thomas Butler, 41. 105.; \Villiam Smith, 21. 105.;
Robert Connell, 21. 105.; \Villiam Mullowney, 21. 1019. In Trinity
Ila , John Reagan, 81.; James, constable (for 1835), 13 s. 4d. ; John
Co line (1835), 11. 8s. sd.;‘Mai-tin Ady (1835),i21.‘; John Randell
(1635),2I.; William James, constable, 11.; Thomas Green, for boat-
liire, 21. 10.9.; Charles Gran er, 21. 105.; Benjamin Sweetland, 51.
In Bonavista Bay, Samson ll ifllin, ’71. 105.; J. L. Oakley, 71. 10 5.;
James Allen (1835), 51. In Ferryland, WilliamTi-aynor, 41.; VVilliam

Sweetland (1835), 31. as. – 145 13 7
Towards defmyiiitr extra. expenditure of James Wiseman, in enumerating
the census in Clriiiity Bay — – – — – – – – 15 – ‘._’
To the honourable the Speaker of the House of Assembly, to defray the –
contingent expenses of the House of Assembly during the present r_
session – – – – – – – – – —_ – — 599 .. .. –
To defray the expenses and remuneration of.l. B. Bearnes, as assayer of – ‘
weights and measures at Brigus and Port de Grave, in Conception Bay 15 .. –

Towards compensating the clerk, serjeont-at-arms, doorkeeper and ines-
senger appointed by the Crown to the House of Assembly; that is to
say, Iidward Mortimer Archibald, Esq., 1001.; Elias Rendell, 501.;
John Stephenson, 351.; William Kelly, 301. – – – — – 215 —- .-

To the proprietors of the Neivfoundlander, towards ‘defi-aying the expense
of printing the Journals. of the House _of Assembly for the present
session – – – – ~ – – – – – ~ – – 150 -. –

To Richard Perchord, housekeeper of the Legislature – -_ – –

Towards payin r the representatives of the following districts, 11. per diem

. each, for42 e s’ attendance during the present session; that is_to say,
the Members for the districts of St. John’s, Conception Bay, Bonavistn
Bay, Trinity Bay, Fogo, Ferryland, Placeiitin, and St. Mary’s and _
Burin; such sums to be paid on the certificate of the Speaker — — , 588 ~‘ —

‘l‘o Robert John Parsons, to defray t_lie expenses of the general printing ‘

of the House of Assembly – – . mo ._ _.
Towards defriiying the expenses of Captain Pearl, Royal Navy, incurred

in conveying petitions to His late Majesty’s Government, praying the ‘

establisliinent ofa,Local Legislature – – -‘ _- – – (,0. _ ._ ‘
Towards delmying the expenses incurred by Thomas Chancey in the fit-_ ‘

ting up the sessions house of Carbonear – v – ‘ 11 2 —

_ In addition to the salary of the chairman of the sessions for the district
()fSt.JOl‘ln,Sf – ‘- ‘- – – – -‘ – . ~_ – -100 —….
Towards compensating Thomas Morton for past services ‘ v – – – 35 — –
To the clerk of the peace of Harbour Grace – – — — – – is .- .-
For three years from 8th May 183$, towards siipportingfx grainmar
school zit, Carbonear, under the direction of the followintr board of »
directors, that is to se. , Robert Pack, John Walsh, M.).)., William B.

Beinister, and Felix ‘Qarthy – ‘ . -V y – – – 100 ~.” _
‘.l‘owards defraying the expenses’ of three delegates appointed by the.

House of Assembly, to treat with Her Majesty’s Government in Lon-

don on the subject of the administration ofjustice, the agriculture, the

fisheries, and the enemlstate of the colony ~ ‘ – ‘ – ‘ ~ 3 – ‘ 500 _ ~ — T
To his Excellency t re Governor,=towards_ liquidating’_outstanding claims‘ . ‘ I

on the executive, and to meet prospective deficiencies – ‘ – 2,000 .. = ..

. To remunemte the two clerksnn the_seci-etarys otlice for extreilabour
arising from’-the present, session liavingrbeen protracted to :1 period of
f‘ourinontlis.- ” ~. _–~1– —. —’ — -.,’ ‘-_:’- -. ‘ .–_

‘ And be it further enacted, that the sums of mone_i}’lierelJy »g1‘anted,shnll beipaid by the ‘
treasurer of the colony, in. discharge of such iva_n~ant_or warrants asrshall ;be. issued by the ‘
Governor, or persori ‘administering the government of_tlie:.co1on ‘_ for -the’time1‘be{ing,’in
favour ofany‘ erson or persons, to beapplied to the purposes of tlll§_AC@; and ,tlint_ it shall‘
not be lawful or the saidvtiensurer to pay any sum or sums of money ou_t‘ot’ tlieltreasu of
‘ the colony, other than -such as are expressed and _dire’c _ln—th1E;0T so ‘ ct’_or cts ,

of the Legislature of this ‘colony.’

_. .79.




_ —N . 11.-
(No. :69.)

Cory of a DESPATCH from Lord Glanclg to Governor Prescott.

Sir, Downing-street, 1 February 1888.

l nm-1: had the’ honour to lay before The Queen theaddrcss from the Council
ol’Nc\\’ioii11dland, in’ their legislative capacity, Wliicl) was enclosed in your
despatch, No. 01,’of the 22d November 1837, on the subject of the questions
cnutroverted between that body, and the House of. General Assemblyduring thc

last Session, and I have received l’Ier Ma_icsty’s commands to return the

iblloxving answer.

The Queen deeply regrets the inconvenience to which Her fzlitliiul subjects in
Newfouiidland will he oxposecl by the loss of the Bill ol’Supply for the cu1’1’eut year,
and regards with li rely concern the jcalousies between the two branches ofthc local
Legislature which led to that unfortunate result. The Queen, hmvcvcl‘, indulges‘
the hope that l’l(,‘l’ mediation will be accepted by both the parties to this
discussion, and that it will he cliectual for revcstablisliing a good urulerstaruling
between them, especially as their conflicting claims appear to originate rather
in a mutual misapprehension than in any deeper and more settled cause.

The constitution of‘ the Legislature of Ne\vf‘numlland is avowcdly modelled
on that of the Imperial Legislature. Will] regard to money grants, however, a
distinction prevails. In the House of Commons no grant of money can be
initiated except hy the Crown. This rule, practically, does not exist in the
House o|’ Asscinbly, nor, indeed, in the Houses of Assembly of the British
l’rovinc<:s on the continent in North America.
has been devised, not less eflectuuly in its operation, and more consonant
with the. general spirit of the provincial constitution. lt consists ‘in the
pmcticc 01′ either granting the supplies for the year by a series of Bills,
each of which is in turn sent up to the Councii for acceptance, or ‘in granting-

tln-. supplies by separate resolutions, in each of which successively the <‘:oncurrence. ofthc Council is obtained before it is included in the general Appropriation Act. In this respect the Assemblies are subject to a restriction from which the House of Commons is ewmpt, a restriction which has still in view the same object, that of uiiording to the people 21 security against the misuse of that high trust‘ which the constitution commits to their Icpruscntatives. If‘ the Ayssc-1nl>ly should establish and exercise the double right of deciding I

without intervention of the Crown, inst, on the amount of the public expenditure,

and secondly, olrthc specific objects to which it should be applied; and if the ,

only practical check on this power should consist in the right to reject all the
votes ofthe Session collectively, it is plain that a system would be introduced
unknown either in the niothcr country or in the -British North American
Provinces; and it is equally plain that such 11 system would be attended with

very grave inconvenience. Besides other evil consequences, it would reduce the

Conacil and the Governor to the dilemma of making, witlrn view to Dlace, con-

cessions disapprovetl by their dclrbe1‘atc’judgxneut, or of ucting on that judgment

E) the demngemciit for 12 months of the» whole internal ‘economy of the local
overnmen. – v i – ‘

Her Majesty is tl1cr_cfo1‘e of opinion that the House of Assembly would exercise ‘

a sound and cnliglitencd judgment in acquiosciug, either in the parliamentary

rule which leaves to the Crown the first suggestion of alllmoney grants, or in V
the rule of the provincial Legislatures, \vhicl1 brings every such grant under the
‘ separate revision of the Counci

.; otherwise, the extreme right on the one side,
must be encountered by aright equally extreme on the other side, and the

contests between the.two’l‘{ouscs of Local Legislature must ‘be pursued at the-V
. expense of the people. 1 I . ‘

But altliougli there‘ can be ‘no doubt that the Council should exercise freely
and fearlessly the right of rejecting an ‘Appropriation Act, it does not therefore

follow that u judicioususe was made of this right on the presentfoccasion. ‘Her‘ _
Majesty having been appealed to by the Council, desires to express, thoughwith ‘
~ every iecliag of respect forythc Council, trditfcrcntopinion‘. ‘ V V V ‘

In the latter a substitute-

~ of Ksseinbly of the-Island of Newfoundland’

‘ I we

, l\‘O\’A»SCOTlA, NEW BRUNSWICK, Ste‘. 127′
The Appropriation-Bill appears to have been rejected by the Council because
various important services were provided for inadequately; because the supply
was voted in such very minute detail as to bring under the revision of the
Assembly the case of each public ofiiccr, not cxcepting_th_0se who filled the most
hnmbleand obscure places; and because the sums voted for contingencies were
considered asan unjustifiable diversion of the public revenue from its proper’
objects to the personal advantage of the individual members of the House of
Assembly., However much tliedeficiency of the supply, or the “extreme minute-
ness_of- the a propriation might justl ” be regretted, these circumstancesdo not
seem to afford) any valid reason fort re rejection of_ the Bill. [The third reason
indeed involves so grave an imputation, that it is difiioult even to” discuss it with-
out touching on the deference due to the Representative Assembly of Ne\vfound~
land. Such an imputation, it is clear, ourrht not to be cast without the utmost
caution, and on the clearest-proof. It is of course not to be admitted merely on
inference and conjecture; nor does the amount of money involved in the ques-
tion warrant such a conclusion. Considering also that such an’ unworthy abuse
of the most sacred and bonoumble public trust could hardly fail to be visited
with the censure of society at large, the Council might, it should seem, safe]
refer the oflending parties to the tribunal of public opinion, with a rensonab e
security that at no distant time it would be expressed in unetpuivocal terms even
against those who for the moment might appear to enjoy t ie most’ unbounded

impunity and encouragement from the public favour so readily bestowed on those
who are engaged in acoutest. of which popular franchises are‘at least the inva-
riable pretext. The case therefore ought to be exceedingly clear and strong, which

‘would justify the rejection of a Bill of Supply on the ground of selfish misappro-

priation of the public money by the House of Assembly;

, During a scssionof four months continuance the sums appropriated under the
head of contingencies amounted to 2,393l. Gs. 3d.’, a sum considerabl_e,’it is true,
when compared with the expenditure for other branches of the public service, and

robably admitting of some retrenchment in future years; but not so large as to

justify the very serious reproach cast on the Assembly, of lavishly voting, for

their. oxm benefit as individuals, money which ought ‘to have been applied for _

the good of the public collectively. The practice of claiming a remuneration for

serving on the;Assen1bly,,or at least‘ an indemnity. against the expenses of such ‘

service, cannot reasonably be condemned ;- it is sanctioned by many precedents,
and by many considerations. of great weight. In the very delicate ‘ office . of
assessing the amount of their‘ own remuneration, there can hardly bea doubt
that the members of the House of Assembly will, on consideration, see the pro~
priety of leaving to the Council a control of thcmost unfettered kind, -‘and will

i admit that this is a branch of the public ex enditure over which it is emphati-

cally necdfulthat a constitutional calousys iould be exercised. .
Adverting to tbewholc of this subject, The Queen commands ,me to‘ signify

through‘ you to the Council Her Majesty’s opinion that, ilfa Bill of Supplyjand

Appropriation,‘substantiallycorrespondingwith the present, shouldagain besent

If it were necessary to believe that such abuses lradibeen really-
practiscd, it might well be doubted whether the authors of them would not derive-

the House of Assembly, it ought not to be rejected on the grounds assigned ,

up by _ _

by~’t1c_Council for the rejection of the preseut.Bxll. »
V‘ ‘ . .. ‘ V Ihave,&c.‘ V

(signed) _ .Glenélj.

‘—–}No. 12; 4.‘ ‘

i ‘_ .»E‘XTRA(i:;I‘i:of::n .DESPA’llCH”;fron1 Governor.-Prescott to Lord dated

‘ »Ne)vfoundland, 9 December 1837.

n the .honour to enclose an /Address to


,s v.

I-lierbiajesty‘ from the ‘


‘ _No. i2. «

N E\\’ F0 UND-
Lxl N D.

Encl. in No. 12.

No. 13.


Enclosure in No. 12.

To; the Queen’s Most Excellent Majesty :—The humble Address of the House of Represen-
tatives of the Island of N mvfoundliuid, in General Assembly convened.

May it please your Majesty,

WE, our Majesty’s most faithfiil subjects, the Commons of Newfoundland, in General
Assemb y convened, most reverently and respectfuly approach your most mcious Majest ‘s
throne, and with sentiments of the deepest and most sincere attachment %eg leave to o er
the humble tribute of our lieartfelt sympathy for your Majest ‘s bereavement, and the
national affliction, on the occasion of the departure froin this worli of our late beloved sove-
reign, our Majesty’s uncle, of glorious and happy memory. –

Uri er the mild and beneficent administration of that great and good monarch, the genius of
liberty and refomi spread her influence over the land, and wherever she smiled contentment
and happiness were awakened, because Government became iinpartiul,and justice accessible
to, all the eople; the letters fell from the feet of the captive, and he lifted up his hands,
unmnnacle , in tlianksgiving, pouring benedictions upon his royal-‘benel‘actor. While the
encouragement of commerce and industry bespoke a solicitude for national prosperity,
the mitigation of the severity of the penal code testified an inherent love of the trul royal
attribute of mercy, arid the tranqui litation of Ireland was connncniorative of a love of
justice calculated to endear his memory to the latest posterity.

But while your Majesty’s loyal subjects of Neivfoundland concurin this universal sentiment

oi” grateful remembrance of favours poured upon other countries under the dominion of ‘

Britain, their gratitude is particularl called forth by his late Majesty’s attention to the
interest of this colony, riiaiiifcsteil in his graciously according the blessing ofsell‘-legislation
to :1 people whose distance from the seat of Government rendered a local legislature necessary
to promote their prosperity, and that feeling is peculiarly enhanced by the last act of his
Majesty’s life, as connected with this island; the opening the prison gates upon electors
unjustly condemned toloss oflibcrty because they had dared to use their franchise freely.
The principal institutions of Netvfoundland are young-—lier courts of justice and her

legislature; and they particularly need your Majesty’s fostering care to ruide them throu h the .

difficulties naturally surrounding infant establishments, and your l\ ajesty’s people In this
distant but important colony therefore hail the eonnnencemeut of your most august Mn-
jesty’s reign as hearing auspicious promise of improvement.

Most gracious Queen, permit your Majesty’s faitliful Commons ol’Nevvt’oundland to bear
to your Majesty their ardent fclicitations on your Majesty’s happy accession to the throne of
your [oi-efatliers, and to express an lniinble but sincere prayer that your Majesty may be
destined to bring to maturity all those great measures of improvement which owed their
inception to our Majesty’s royal predecessors, and to ratify all the fond hopes ofyour people
by a long, a iappy, and anilluetrious reign,

‘lVi’II. Carson,

( i <1)
slgne Speaker.

House ol‘Asscmbl_v,
16 October 1837.

—No. 1:). –
(No. :67.)

Copy of a DESPAT CH from Lord Glcnclg to Governor Prescott.

Sir, Downing-street, 6 January. 1838.

I navy: had the honour to lay before The Queen the address from the House ‘

of Assembly of Neivfotintllankl, dated the 16th ol’.Oetol)er, and enclosed in your
despatch, No. 67, oi‘ the nth December last; and-I have received Her Ma’esty’s
commands to instruct you to inforni the House oi‘ Assembly that I-Ierr
has received with much satisfaction the assurances contained in their address of
the attachment of that House to Her person and Goverunient, and to thc coasti-
tution under which they live; and that the House may be assured that Her

Majesty will at all ‘times be ready to co-operate with them in promotingvthe ‘

welfare of that ancient and valuableposscssion of the British Crown. :

I have, Ste; ‘
(slam!) GW-¢-l ,

ajesty .

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