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 TO H 
 
 PRIN 
 
REMARKS 
 
 ON THE 
 
 REP OR T 
 
 ' FflOM THE 
 
 OF THE 
 
 • OF THE 
 
 Province of nrew-Brunswick, 
 
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 TO HIS MAJESTY S GOVERNMENT, IN THE YEAR 1836. 
 
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 PRINTED BY LEWIS W. DURANT & CO., MASONIC 
 HALL, ST. JOHN, N. B. 
 
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 For several years past, it has been a favourite^ 
 object with the House of Assembly in this Province^ 
 to obtain the proceeds of, and a controul over, the 
 Kirg's Casual and Territorial Revenue! arising within 
 it. In 1833, they sent home a Deputation, consisting 
 of Messrs. Simonds and Chandler, to treat with the 
 then Secretary of State, Lord Stanley, for the sur- 
 render of this Revenue, in return for a Civil List to 
 be secured to His Majesty, by the Provincial Legis- 
 lature. As this negociation professedly formed the 
 basis of that entered into by the deputations of last 
 year, it will be necessary to mention a .few of the 
 principal particulars respecting it. 
 
 When Sir Archibald Campbell assumed the Go- 
 vernment of the Province in 1831, the nett revenue 
 on hand did not amount to X7000, currency ; in the 
 residue of that year, about X7000 more was collected, 
 in 1832, X15,888 ; and in 1833, £22,018 making 
 in the whole X52,000, a sum barely sufficient till the 
 last mentioned year, to pay the fixed charges upon 
 the revenue, which, amounted to .£14,003 sterling 
 per annum. For the surrender of this revenue, 
 Lord Stanley agreed " to accept a permanent ap- 
 propriation by the Legislature, duly secured, to the 
 amount of £14,000 per annum," sterling. It was 
 afterwards intimated that the sum to be given must 
 be £15,000 sterling, and that the surrender was not 
 to include £56,000 due from the Nova Scotia and 
 New Brunswick Land Company, nor the old Parlia-^ 
 
 
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 nientary duties. This iieguciutiuii was ubandoiUHl 
 l)y the Assembly, chiefly on tlie ground that the 
 Land Company's purchase money was not to he 
 surrendered with the rest. 
 
 In the Session of 183G, this subject was revived 
 in the Assembly, and Messrs. Crane and Wilmot 
 were appointed a Deputation, to proceed to England, 
 tor the purpose of renewing the negociation with 
 His Majesty's Government. At an early period of 
 the last Session, the Lieutenant Governor sent down 
 to both Houses, copies of the despatches which he 
 had received from Lord Glenelg, the Secretary of 
 State for the Colonies ; and on the 26th December, 
 Messrs. Crane and Wilmot " submitted to the House 
 a statement, containing a report of their proceedings 
 on the subject of their mission, which was received, 
 and ordered to lie on the table ; and on motion of 
 Mr. Partelow, it was further ordered, that two thou- 
 sand copies of the said Report be forthwith printed. 
 And on motion of Mr. Johnston, it was resolved, that 
 it should be printed under the direction and super- 
 intendance of a Select Committee of the House, 
 composed of Mr. Johnston, Mr. L. A. Wilmot, and 
 Mr. Partelow ; to whom the Report was then handed 
 over." From these statements it app" ared, that Lord 
 Glenelg had agreed to surrender the Revenue to 
 the Legislature, the balance in hand beino- fourteen 
 times as much as was to be surrendered by J^ord 
 Stanley, and the Civil List nearly one quarter less ; 
 and that, not permanent, but only for ten years. 
 
 From the time of the arrival of Messrs. Crane & 
 Wilmot great anxiety was naturally felt by every 
 body, to have an account of what they had done in 
 this important business : and people in general were 
 quite elated at the prospect of being able to secure 
 a copy of the report when it should issue from the 
 press. It did not escape observation, that there was 
 
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 II deviation iVom the ordinary mode of printing and 
 publishing parHamcntary papers in this country, 
 which has always been done, except in this single 
 instance, under the direction of the Clerk of the 
 Houvse, whether Council or Assembly, which orders 
 the printing. In this case it was ordered to be done 
 under the direction of a select Committee ; but as 
 the committee was composed of one of the deputa- 
 tion and Messrs. Partelow & Johnston, the former 
 of whom, it was well known had been renderinor 
 some assistance in preparing the report for submis- 
 sion to the House, this circumstance was regarded 
 as an additional guarantee to its perfect accuracy. — 
 Great was the im])atience which was manifested for 
 the appearance of this document : at last after an 
 interval of nearly three months out it came, and 
 great was the outing thereof ! 
 
 Now it had happened, that in this dreary interval 
 of three months, a book, of about three quires of post 
 paper, ruled with blue lines, half bound in a stiff 
 cover, covered with grey marble paper, had been 
 handed about both at St. John and Fredericton, — to 
 prevent some of the choice good folks from abso- 
 lutely perishing of hunger, — containing, written in a 
 lady's hand, interspersed here and there with pas- 
 sages written by Mr. Crane, a recital of all their 
 conversations with the official gentlemen in London, 
 and copies of all their correspondence while in En- 
 gland. When, therefore, the report which bears 
 the signatures of " WilUam Crane & L. A. Wilmot," 
 and the date " Committee Room, 21st Dec. 1836" : 
 issued from the press of Henry Chubb, where it had 
 ])een printed under the direction of the Select Com- 
 mittee, it struck several persons, that it did not look 
 and read like that which had been circulated in ma- 
 nuscript. They looked, but looked in vain, for se- 
 veral passages, and several letters which they had 
 
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 6 
 
 seen in it : they were astonished at finding phrases, 
 sentences and even paragraphs which they nad not 
 seen. An inquiry was, therefore, set on foot for it, 
 and it was soon produced. A review of this report, 
 comparing it with the manuscript, was given to the 
 public, in the Editorial columns of the Chronicle, 
 commencing with 24th March, which with a few 
 alterations is here reprinted in Pamphlet form, for 
 the sake of more extended circulation. 
 
 But before going into this review, it will be well 
 to state what were the reasons assigned by the Lieu- 
 tenant Governor for refusing his assent to the Civil 
 List Bill, by virtue of which the King's Casual and 
 Territorial Revenue was to be surrendered to the 
 Provincial Legislature, and also what are the insu- 
 perable obstacles if any, in the way of passing any 
 such Bill. 
 
 The reason, a:signed by His Excellency for refu- 
 sing his assent to the Bill, was, that his " recommen- 
 dation to put a suspending clause to it had not been 
 adopted" : a recommendation which he was induced 
 to offer, in order " to obviate any doubts and diffi- 
 culties that might hereafter arise." For he had dis- 
 covered that in the arrangements proposed, " an 
 " important error of calculation had occurred, re- 
 " specting the amount required to defray the present 
 *' charges in the Civil List, and that in the draft of 
 " the Bill sent out, there was an omission of one of 
 " the conditions upon which His Majesty had con-? 
 " sented to surrender the revenue." Some days 
 after the Message, from which the foregoing is an 
 extract had been sent down, at the request of the 
 Assembly, he sends down copies of his despatches to 
 Lord Glenelg in ^vhich " he draws the attention of 
 Government to these and other points, and requests 
 further instructions thereon." The doubts and dif- 
 llculties which he points out are ten in number. 
 
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 1. The second qualification on which His Majesty 
 had consented to surrender the revenue was, that 
 it should be appropriated according to the usage of 
 the British Parliament, but as this condition was not 
 set out in words in the Bill, the construction put 
 upon it would be, that the revenue was to be appro-* 
 priated according to the usage ofthe Province, which 
 is different from, and as we shall afterwards shew, 
 greatly inferior to that adopted in the House of 
 Commons. 
 
 2. The sum of X14,500 was fixed on the presump- 
 tion that there would be a surplus of ^566 currency : 
 but Lord Glenelg was deceived by the Delegates as 
 to the rate of Exchange — dollars being calculated at 
 4s. 6d. sterling, and not at 4s. 4d. as fixed by Lord 
 Goderich in 1832 ; this would reduce the surplus to 
 X190 currency. 
 
 3. The agreement, though based upon Lord 
 Stanley's offer, made no provision for the j£300 stg. 
 for Government Contingencies, although he declared 
 that that allowance should be continued ; this would 
 reduce the surplus to a deficiency of £142. 
 
 4. The Bill made no provision for the expences 
 of the Judges holding the Circuit Courts, although 
 Lord Glenelg had directed them to be paid out of 
 the Casual Revenue. 
 
 5. The 5th section of the Bill, making future 
 grants or leases null and void unless the land granted, 
 were sold or leased at Public Auction to the highest 
 bidder, would operate very severely on the numerous 
 body of squatter^: 6, also on the Mill proprietors 
 and Lumberers, besides being the very system com- 
 plained against by the Assembly, in their Address to 
 the Crown, presented by this very Delegation : 
 
 7, it would render nugatory the Government regula- 
 tions for selling Land to Military and Naval Officers ; 
 
 8, it would deprive the Crown of the power of en- 
 
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 clovving with Land any i)iil)lic Institution : 9, it would 
 invalidate the Great Seal as evidence of title from 
 the Crown. 
 
 lO. The tenth objection of the Executive was that 
 the Bill was not accompanied by any authority 
 under the Royal Sign Manual, or by any Order of 
 His Majesty in Council to the Governor to assent to 
 such a Bill as this, which is at once repugnant to 
 several Acts of Parliament & the Royal Instructions. 
 
 But grave as these objections are to the details 
 of the Bill, there are several Acts of Parliament 
 which offer an insuperable obstacle to the passing 
 of any such law : for it is an established principle of 
 legislation, that any Colonial law which is repug- 
 nant to Act of Parliament " is utterly void and of 
 none effect." It is ev^n so declared to be by Act 
 of Parliament. Now, it is well known, that by an 
 arrangement made with His Majesty's Government 
 a few years ago, our Assembly undertook " the 
 payment of the Custom House Establishment in the 
 Province," on the condition that the surplus of du- 
 ties collected should be paid into the Provincial 
 Treasury, and be at the disposal of the Provincial 
 Legislature. This being the case, Messrs. Simonds 
 and Chandler stated to Lord Stanley in 1833, that 
 " the House of Assembly conceived that, upon con- 
 " stitutional principles, they had an undoubted right 
 " to the disposal of certain duties upon Wine, Mo- 
 " lasses, Coffee and Pimento, collected at the Cus- 
 " torn House under the provisions of Acts of Parlia- 
 " ment G, Geo. 2, c. 13 : 4, Geo. 3^c. 15 : and 6, G. 
 " 3, c, 52, amounting to about XIOOO sterling annu- 
 " ally." " In answ^er to these remarks, Lord Stanley 
 " observed, that in pursuance of directions contained 
 " in the Statutes themselves, the duties levied under 
 '* them are remitted to the Exchequer in England, 
 " in aid of the expence^- incurred for the defence of 
 
 
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 " tlie BritLsli Colonies in North Anieiicii." I'lioy 
 •' could not be left to the disposal of the Provincial 
 " Legislature except in violation of the Acts ui' Par- 
 " liament, by virtue of which they had been collcct- 
 " ed." Here then are three Acts of Parliament, to 
 which the Civil List Bill ii. repugnant, and which 
 must be repealed before any Provincial law repug- 
 nant to them can be of any cti'ect at all. 
 
 But there is still another Act of Parliament, which 
 presents a yet more stubborn obstacle in the way of 
 our Civil List Bill, viz : 1, Wm. 4, "An Act for 
 " the support of His Majesty's Household and of 
 " the honor and dignity of the Crown of the 
 " United Kingdom of Great Britain and Ireland." 
 By section 2d it is enacted — " that the produce of 
 " all the hereditary rates in England and Ireland 
 " — and also the small branches of the hereditary 
 " revenues, and the produce of the hereditary 
 " casual revenues arising from any droits of the Ad- 
 " mh'alty or droits of the Crown, or from the four 
 " and a half per cent, duties or West Indian duties, 
 *• and from all surplus revenues of Gibralter, or any 
 "other possessions of His Majesty out of the United 
 ^' Kingdom, and from all othe?' casual revenues ari- 
 '* sing either in the Foreign possP.ssio7is of His Majes- 
 " ty, or in the United Kingdom, which have accrued 
 " since the decease of his said late Majesty, and 
 " which should not have been distributed in the pay- 
 " ment of any charge thereupon respectively, or 
 " which should a€c?'ue during the life of his present 
 ^^ Majesty (whom .God long preserve) should be 
 " made part of the consolidated fund of the 
 "United Kingdom." 
 
 It certainly is extraordinary, that all these Acts of 
 Parliament should have been so completely lost 
 sight of, in all the Government Offices in London : 
 it is a fact which speaks very little for the care and 
 
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 10 
 
 «Jiligeiice observed in the transaction of public bu^ 
 siness. However so it is ; and till the last mentioned 
 act vi^as quoted in the Chronicle of Feb. 24, its ex- 
 istence vi^as not only unknown to the great body of 
 the people ; but when produced was absolutely 
 denied. We often hear of a donkey cart, and a 
 coach and six being driven through an Act of Par- 
 liament, but it is very certain that it will require 
 better driving than this Province can recommend, 
 to get one of our acts of Assembly cleverly through 
 the four Acts which we have recited, and perhaps 
 one or two more, which may be discovered. 
 
 It has already been stated, that the message of Sir 
 A. Campbell, at the opening of the jjession, pointed 
 out to the two Houses an error, and an omission in 
 the Draft of the Civil List Billf prepared by Messrs. 
 Crane & Wilmot in London, and sent out by Lord 
 Glenelg. The error was one of calculation, which 
 may be briefly stated thus — that Dollars were cal- 
 culated^at 4s. 6d. instead of 4s. 4d. sterling. We 
 all recollect that Mr. Wilmot stated in a speech in 
 the House, that it was Lord Glenelg's intention that, 
 in futuie, the salaries of the Government Officers, 
 borne on the Civil List, should be paid in dollars 
 at 4s. 6d. : that they had been paid long enough at 
 4s. 4d. — with much of the same sort equally un- 
 founded. We had some suspicions at the time, that 
 Mr. Wilmot was making all that " out of whole 
 stuff"," and we accordingly searched their Report 
 for the passage ; but we nave looked in vain for 
 any passage in which the different rates of the dollar 
 came under discussion. In the printed renort there 
 is no such passage. There is, however, m the re- 
 port in manuscript a passage, under date " Seventh 
 Interview, Saturday, Sept. 10," which, from its 
 being of no importance at all, not the smallest con- 
 sequence in life, the merest trifle possible, so trifling 
 
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 it 
 
 11 
 
 that it would liave been an uiter waste of ink to 
 print it, — is to be found only in part in the printed 
 document ; but for the garbling of which, of course, 
 neither the Delegates, nor the Select Committee, 
 are responsible — the whole responsibility resting on 
 the Printer's devil — in which Lord Glenelg asked 
 what " was the difference between the X14,000 stg, 
 " and the X15,000 currency proposed by us. Wo 
 " answered it was only X500, but yet we thought it 
 " was not desirable that the Executive should be 
 ♦* troubled with the annual expenditure of so small 
 ♦' a surplus :" it is however printed thus — " we hoped 
 His Lordship would reduce the proposed sum at 
 least by deducting the surplus of .£607 sterling, as 
 " we thought it was not desirable that the Provincial 
 " Executive should be troubled with the annual ex- 
 " penditure of that amount." Here is a precious 
 garbling for you my boys ! Capital this ! Now all 
 you young lawyers, who are aspiring to w^alk in Mr. 
 Wilmot's steps some of these days, come forward 
 and take a lesson on Report making ! Look at this 
 master-piece of garbling ; is it not a cap sheaf ! !- — 
 Here we have proof under the hand of the very de- 
 legates themselves, that Lord Glenelg did not know 
 how to turn sterling into currency — that he asked 
 the?n what was the difference, not^ between any in- 
 different sums of X14,000 sterling and XI 5,000 cur- 
 rency, but the difference between the d£14,000 ster- 
 ling, that is, X14,000 paid in the manner contem- 
 plated by Lord Stanley in dollars at 4s. 4d. and the 
 X15,000 currency proposed by them in dollars at 5s. 
 and they had the impudence to tell him " tliat it was 
 only j£500. In dollars at 4s. 6d. X14,000 sterling is 
 equal to jGl 5,556 : 11 : 1 3-9ths, but in dollars at 
 4s. 4d. the rate fixed by Lord Stanley, and by Lord 
 Goderich in a despatch dated October 24th, 1832, 
 it is equal to>G16,153 : 16 : 8 ; making the difference 
 
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 12 
 between the two sains, not a£500, but £1153 : 1(5 : 8, 
 
 MORE THAN DOUBLE WHAT THEY SAID IT WAS. Talk 
 
 now if yon please of truth and integrity after this. — 
 Said Mr. Crane to Mr. Wilmot 'tis a good bargain ; 
 said Mr. Wi]mot to Mr. Crane, ^tis a good bargain, 
 tlipres no mistake about it : said Mr. Crane to Mr. 
 Wihnot, how shall ice clinch it f This too is a spe- 
 cimen of the Report of the Delegates, and will satisfy 
 any one how much confidence is to be placed in 
 the truth of it. Well enough might Lord Glcnelg 
 return the minute of the conversation on July 14, 
 which they had the impudence to put into his hand, 
 w4th the following dignified rebuke for their inso- 
 lence, conveyed in a note dated September 22, but 
 not iwinted — " Lord Glenelg presents his compli- 
 " ments to Messrs. Crane and Wilmot, and herew ith 
 " returns the original minute left by those gentlemen 
 " with him, of the interview which took place at his 
 " office on the 14th July last. Having communicat- 
 " ed to Messrs. Crane and Wilmot the final decision 
 " of His Majesty's Government upon the questions 
 " discussed at that interview, Lord Glenelg does 
 " not think it necessary to revise the minute of what 
 " then passed in conversation, and in returning it, 
 *' begs to be understood neither as affirming, nor as 
 " coutradlcting the accuracy of the statements «on- 
 " tained in that document, but only as respectfully 
 '* declining to express any opinion on the subject" 
 
 Why was this note not printed in the Report, but 
 omitted like the enquiry into the different rates of 
 the dollar \ Will any one after this believe for one 
 moment that the Report printed by Mr. Chubb, is a 
 true and faithful account of what was done and said, 
 written and received by the Delegates \ Never ! 
 people will place no more confidence in it than they 
 ^v'ould in Mr. Crane'e account of the quxilities of a 
 horse which he might wish to sell. Pretty well this, 
 
 
 I 
 
 sa> 
 
 thil 
 
 stil 
 
 rei 
 qui 
 be 
 of I 
 
 L( 
 
 (( 
 
 (t 
 
 <( 
 
 MI 
 
 (( 
 
 (( 
 it 
 ti 
 
 u 
 
 a 
 u 
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says I. Pretty well this ! says you. Pretty well 
 this ! sav both of us. But what is comino is better 
 still. 
 
 The omission in the draft of the Civil List Bill, 
 referred to in the Governor's Messaoie, is the second 
 qualification, subject to which " His Majesty has 
 been graciously pleased to consent to the application 
 of the Assembly." It is stated in these words in 
 Lord Glenelg's despatch of August 31. " The se- 
 " cond qualification has for its object to preclude 
 " questions which might otherwise arise as to the 
 " manner in which the right of aj)propriation is to 
 " be exercised by the House of Assembly, His Ma- 
 " jesty proposes that the law and custom of Parlia- 
 " ment, and more esjiecially the established usages 
 " of the House of Commons with regaid to the ap- 
 " propriation of the surplus of the Consolidated 
 " Fund of Great Britain and Ireland, shall be as- 
 " sumed by the Legislature of New-Brunswick, and 
 " more especially by the House of General Assem- 
 " bly, as alfording the rule for their guidance in the 
 " appropriation of the Revenues of that Province. — 
 " Some exceptions may unavoidably aoi^ out of 
 " peculiar local circumstances, forbidditiJUrperfect 
 " coincidence in the two svstems, which however 
 " subject to those exceptions, would be precisely 
 " similar." 
 
 Now those who have ever enquired into such mat- 
 ters very well know, that there is a great difference 
 in the custom of Parliament, and the custom of our 
 Assembly in voting money. In England the Exe- 
 cutive originates the grants, the Commons concur 
 with the grants in the shape of separate resolutions, 
 and the Lords concur with the bill in gross. Here 
 the House originates the grants, the Council concur 
 with the grants in the shape of separate resolutions, 
 and the Executive concurs with the bill in gross. — 
 
14 
 
 I ^ 
 
 i 
 
 Wi^ naturally ask, did the Delegates^ malve Lord 
 (Jlenolg acquainted with the fact that such a diflfer- 
 OHce existed ? If they did, then they betrayed the 
 confidence reposed in them when they were allowed 
 to draft the bill, by not inserting in it both the qua- 
 lifications which were made the condition of sur- 
 render. But we have carefully looked over the 
 said report, and cannot discover the least evidence 
 on that point. The only passage which bears the 
 most distant allusion to it, are to be found at p 7 and 
 p 25. " Some conversation then ensued as to the 
 " mode of paying the Civil List expences in Great 
 " Britain from the Consolidated Fund, and as to the 
 " analogy which would exist between that and the 
 " contemplated mode of payment in New-Bruns- 
 " wick." " We asked His Lordship what we were 
 " to understand by the second qualification, or con- 
 " dition of the surrender, and in what way the right 
 ** of appropriation by the Assembly was to be exer- 
 " cised. His Lordship answered, that it was in- 
 " tended by the second qualification, that after 
 " making provision for the Civil List, the Assembly 
 
 " were t^have the appropriation of the residue, if 
 " any, flBpublic purposes." The first of these pas- 
 sages refers only to the expences of the Civil List^ 
 not to the surplus : the second — now boys ! all you 
 who want to get a lesson on Report making, pay 
 attention ! particularly you young lawyers who 
 admire Mr. Wilmot so much, listen ! tliat passage is 
 not to he found in the manuscri'pt report ^ which con- 
 tains Lord Glenelg's note to Messrs. Crane and 
 Wilmot, mark that my boys ! there's for you ! ! 
 that passage is not to be found ! They never on 
 any one occasion informed Lord Glenelg, and he 
 never for a moment suspected that there was any 
 difference in the mode of appropriation here and in 
 England, and he thought it sufficient when he said 
 
 
15 
 
 "'•r 
 
 
 : 
 
 " the Assembly were to have the appropriation of 
 the residue," to be distinctly understood. 
 
 Now boys ! having given you a lesson in report 
 making, we will give you another in bill drafting, 
 and we will give it to you merely for the price of 
 the Chronicle, whereas Mr. Wilmot would charge 
 you a lumping sum for it, unless by a little hocus 
 pocus, he could get it put into the Contingent Bill. 
 Messrs. Crane & Wilmot well knew that if a clause 
 were inserted in the Civil List Bill rendering it im- 
 perative that the surplus of the Casual Revenue 
 should be appropriated according to " the law and 
 custom of Parliament" that is to say, that the Execu- 
 tive should originate the grants, the House concur 
 with the grants in the shape of separate resolutions, 
 and the Council were only to concur with the bill 
 in gross — the bill would be thrown out of the Legis- 
 lative Council : that that house would not entertain 
 it for a moment. — Knowing this, the management of 
 the business became a matter of some delicacy, and 
 required all the skill of Messrs. Crane & Wilmot. 
 Now boys ! see how they manage it ! They never 
 mention the existing difference to Lord Glenelg — 
 but offer to draw the bill themselves. To this pro* 
 pcsal he assented. They sent it to him on Saturday 
 24th Sept. On Monday 26th and Tuesday 27th, 
 they call at the office but find Lord Glenelg " ab- 
 sent from town" : (we quote from the printed book) 
 Wednesday 28th, they write the following note — 
 " If Messrs. Crane & Wilmot could see his Lordship 
 " for a few moments, they apprehend that the draft 
 
 " COULD BE AT ONCE SO MODIFIED, AS TO OBVIATE THE 
 " NECESSITY OF SUBMITTING IT TO THE LoRDS OF THE 
 
 " Treasury" — for Mr. Stephen under Secretary of 
 State for the Colonies, had alarmed them with the 
 information on the evening of the 24th that it must 
 be submitted to them. Now who told them 
 
 I in 
 
,1^ 
 
 I 
 
 I'll! 
 
 ji 
 
 If 
 ji'' ■ 
 
 16 
 
 that the draft needed modification ? Since it had 
 f K'cn sent in, they had not seen Lord Glenelg for he 
 Avas absent from town : thev had received nothing 
 from the Colonial oHice but a formal note from Mr. 
 Stephen acknowledging its receipt, but saying no- 
 thing about modification. — Where did they find out 
 that it needed modification 1 What then is the 
 meaning of all this ? They wanted to prevent the 
 draft being submitted to the Treasury, lest some of 
 the officers of that Department should be more alert 
 than the head of the Colonial Department : — and 
 seeing that the surrender was based on iivo qualifi- 
 cations, should insist upon it, that the second should 
 he set out in ivords in the Bill, as well as the first : 
 they did not like too many eyes prying into their 
 work. However Lord Glenelg would not consent to 
 act without the Treasury, but to gratify their ur- 
 gent desire for all possible haste, he urged the Se- 
 eretary of the Treasury to push it through with all 
 the despatch possible. On Friday 30th, they gave 
 Lord Glenelg a second copy of the draft, and to 
 distract attention, added to it " some marginal refer- 
 ences to pi'ecedents." Now why w^as this precaution 
 taken ? — " Hang it don't you know ?" They were 
 afraid that the Treasury Solicitor would search for 
 precedents himself, and by some unlucky chance 
 stumble upon the 1 Wm. 4. by which the Casual 
 Revenue v/AS MADE part of the Consolidated Fund, 
 and so blow the whole transaction ! To prevent 
 such a dire calamity, they do the searching : and re- 
 fer to " 1 Ann, 1 Geo. 3, and 10 Geo. 4, c 50" — but 
 never let on that 1 Wm. 4, relates at all to the subject. 
 So what with Lord Glenelg's laziness, and his hur- 
 rying the Treasury, and the management of Messrs. 
 Crane & Wilmot, they succeeded in their scheme : 
 the second qualification is not set out in icord»m the 
 Bill, like the first, and it accordingly passes the Le- 
 
 
 
 wi 
 
17 
 
 "(^ .-,,,, 
 
 '»>»*•■(< I ,, 
 
 gislative Council, who would otherwise not have En- 
 tertained it for a momont ! Here is a pretty piece of 
 business for you ; the annals of diplomacy, (to say no- 
 thing of horse dealing) cannot furnish such an in- 
 stance of making a bargain ! making a report ! or 
 drafting a Bill ! 
 
 Premising that by the term Report^ we shall al- 
 ways mean the printed Report, and by MS. the 
 Report in Manuscript. "^ '" 
 
 We perceive, Report p, 3, the following — " we 
 wished also to call the attention of Government to 
 the subject of the Disputed Territory between the 
 State of Maine and New-Brunswick." This was 
 inserted to show the poor gulled New-Brunswickers 
 how much they had done for the XI 8 50, which 
 Messrs. Crane & Wilmot contrived to expend, for as 
 we see by the Journals this immense sum was grant- 
 ed to " Messrs. Barlow & Sons for money advanced 
 by them towards the expences of the Deputation.'* 
 But looking at the MS we find the following " 'B.id 
 Lordship then made some inquiry about the Dispu- 
 ted Territory*" Now supposing tho subject was 
 discussed W all ; it would not appear to be of much 
 consequence by whotn it was introduced : neither 
 indeed would- this misstatement be of much conse- 
 quence, if it stood alone ; but when added to the 
 multitude of others whifch are to be met with, in 
 almost every page of that precious document, it 
 shows that n©^ confidtence is to be placed in any part 
 of it. ; 
 
 Report. Second' Interview. Saturday, 9th July. 
 H^re is to be found a reference to t^e administra- 
 tion of Gen. Smyth, during which it says—** the 
 amount of that (timber) duty wa^ for some time an- 
 rmally disposed of in paying ** the Contingencies" 
 of the local Government, and in various unknown 
 ways." Now we all know that this stat/ement is false 
 
 
18 
 
 X 
 
 'K ill 
 
 n 
 
 -n. 
 
 
 Ir ) 
 
 111, 
 
 sn 
 
 f »] ! 
 
 \i 
 
 in fact ; the Casual Revenue has not been spent 
 annuallyy so that when Sir H. Douglas assumed the 
 government upwards of d£34,000 had accumulated 
 in the (ihest. Moreover this statement is not only 
 thus false in fact, but the passage is not to be found 
 in the MS. . i;n.j 
 
 Under the same date is another passage which we 
 shall quote at length — " On the following day His 
 " Excellency communicated an extract of a De- 
 " spatch from Mr. Stanley, under date of 4th Jan. 
 " 1834, informing the House that the chief item in 
 " the then Crown Revenues, the proceeds of the sale 
 " to the N. S. and N. B. Land Company was not to 
 " be included in the surrender, — and the bargain 
 " was up. The last mentioned dispatch was sent 
 " to New- York and thence to Fredericton by ex- 
 press ; and that unusual course of communication 
 adopted by Mr. Sts^nley afforded a strong confirm- 
 ation of the opinion, that he had intended by his 
 despatch of the 30th Sept. to surrender the very 
 money which he withheld on the 4th January fol- 
 lowing." This statement like tho preceding one 
 is falpe in fact, — and is also scandalously garbled. 
 In the MS. it stands thus — '" they were subsequently 
 " informed by Message from the Governor that the 
 " proceeds of the sale of the N. B. Land Company 
 " were not to be included in the Revenues surren- 
 " dered, that of course put a stop to the proceedings 
 " at that time." Now this is not half so brave a 
 speech as that printed in the Report : but we shall 
 find throughout, that whenever the Honorable Gen- 
 tlemen get very brave and speak out like men in 
 set round termSy the passage is never to be found in 
 the MS. They say p. 2, •' Mr. Stanley thought pro- 
 per to retract in a very extraordinary manner. — 
 p. 11, " we assured Sir G. Grey, that some more 
 " efficient controul must be brought to bear upon 
 
 (( 
 
 <( 
 
 (( 
 
 <( 
 
 ti 
 
 « 
 
19 
 
 " the Land Department in future, to prevent the 
 " recurrence of such extraordinary proceedings as 
 '* those of the last year," Neither of these brave 
 speeches are to be found in the MS. If these two 
 passages are really genuine, vi^e shall be inclined to 
 suspect that the Honorable Gentlemen have two 
 styles, one suited to the meridian of each place ; 
 and that that which they use in New-Brunswick, 
 if used in Downing-street would have insured their 
 being put out of the office by the porters. It would 
 not, moreover, have been safe to talk in Downing 
 Street about the " unusual couise of communication 
 " adopted by Mr. Stanley*' because there might have 
 been a reference made to the Despatch book and 
 they might have been convicted upon the spot of a 
 palpable falsehood. Mr. Stanley's despatch of 4th 
 January, 1834, was sent hy the January Mail, arrived 
 at Fredericton on 4th March, and was communica- 
 ted to the House by Message on the 5th, (see Jour- 
 nals 1834, p 170) — it was a duplicate which was sent 
 via New- York, but that did not arrive till eight or 
 nine days after the original. So much for the con- 
 fidence which is to be put in the printed book. 
 
 These few preliminary remarks, coupled with our 
 observations in our last number, will we think have 
 prepared the minds of our readers for what is to 
 follow. 
 'Report, Wednesday, 21st July. " We are in- 
 ^'formed by note from Sir G. Grey, at the desire of 
 "Lord Glenelg, who was too unwell to see us him- 
 " self, that he {Sir G. Grey) would be happy to have 
 " an interview with us on the 24th inst. at 12 o'clock. 
 They accordingly went. " Tuesday 27th July.-^ 
 ** In compliance with the request of Sir G. Grey, 
 *' we this day submitted in writing, for the conside- 
 " ration of Lord Glenelg, the substance of the fore- 
 " going remarks." The copy of this paper inserted 
 
 Ml 
 
 I -i 
 
 , I. 
 
T! 
 
 ill 
 
 1'^: 
 
 
 
 20 
 
 in the MS. differs from the account given in the 
 Report most materially. The passage to which we 
 have already referred about the " more efficient 
 controul upon the Land Department" is not to be 
 found in it : nor either of the last four paragraphs 
 about the gross and net proceeds, and the lavish 
 expenditures, &c. ; nor the still more extraorMnary 
 passage which we ai^ going to quote at length. — 
 " Sir George Grey expressed great surprise at such 
 *' sales having been made on petition — and informed 
 *• us, that those proceedings mere in direct violation of 
 ** Lord Ripon's despatchf which was intended for all 
 " the Colonies, so far as it required future sales to 
 ** be by Auction." Now when we read this passage 
 it rivetted our attention^-and the more we reflected 
 upon it, the more we became convinced that like 
 many other things in this Report it had been made 
 up " out of whole stuff ;" we were convinced that Say 
 G. Grey knew that the sale ^ Land on petition was 
 not a direct violation of Lord Ripon's despatchi, and 
 we felt convinced, that Sir George was too much a 
 man of honor to assert what he knew to be an un- 
 truth. We are not ashamed to confess, that we here 
 began to fear that we should be beat — that here was 
 a mystery in the wonderful history, which we could 
 not solve. Never mind, we said, there i9 oothing 
 like patience and perseverance. Rome was not 
 built in a day : nor the Casual Revenue secured by 
 only one effort. The first Delegation CQ&t about 
 41 000, and nothing was done, except spending the 
 money : never mind, try again \ The isecond De- 
 legation cost c£l,850, besidea the price of the horse 
 which died on board the Beverly, and the haJf starv- 
 ed Bulls which cost j£962 more-^and jiothing was 
 done except spending the money : never mind ^ry 
 again ! A third Delegation is gone, which of course 
 will cost as much more than the second, as the se^ 
 
 
 
21 
 
 cond cost more than the first — ^and that will then 
 amount to X2,700 — a pretty penny to spend in hunt- 
 ing after a mare's nest ! ! When we reflect upon 
 all this, we were determined not to be discouraged, 
 hut to persevere like die House of Assembly in 
 sending Delegates to Downing Street. We looked 
 into the MS. and there we found something to the 
 same effect, which, with the skill of report making 
 posses$ed by tlie delegates, might have been so dres- 
 sed up. We then carefully read over the minute 
 subniitted to iLord Glenelg, hut in it there is not a 
 trace o£ any such passage. At last it occurred to 
 us, tp look at a copy of a despatch from Lord Gle- 
 nej^ to Si*" A. Campbell, dated 31st March, 1835 — 
 a copy of which was given to the Delegates at this 
 ti«/i^ ; hiut which, (like Lord Glenelg's note to Messrs. 
 Cr^iie and Wilmot which we published last week,) 
 it wa« thought improper to have inserted in the 
 printed quarto book though inserted in the MS.— 
 When our r^d^ders have read the extracts which we 
 VO^goma to make ivom that despatch, and reflected 
 th4t in ta« minute submitted there is no mention of 
 uny sttoh assertion having beeali made by Sir George 
 Gr€y-r- we feel ciwifident that they will agree with 
 u& that the falsehood, and fal^e it is every word of 
 '^yfm XiOt uttered hy ^\t Qgox^Qj but written by 
 Messi^* Grane aaid Wilmot The foHowitog is an 
 OKtraiet from the despatch. Sir—" I have the honor 
 *lXovBiQxm you that I have received from the hands 
 ,*^ (Gif Messrs. Rankiai/^. B^ss the Addresses to His 
 'V( M^ijesty stated in ih^ roargi». on the ^ulgect of the 
 w^prioes! fixed by the Burvoyor General of New* 
 *^ ferun^wiek on vm^^te Lands and Liccnoes to cut 
 ♦' timber m that Province. — -But while I thus decline 
 " to <ei)*8rtaan the psrayer of the memoriaHsta, amd 
 " express ray opinion that die wrgumentB which they 
 " hav^e i^ut forward are notborjae out by the circum- 
 
 
22 
 
 
 :| 
 
 i!:iii 
 
 . 3 !'' 
 
 4 
 
 ** stances of the case, 1 feel at the same time that 
 " some alteration might be advantageously introdu- 
 " ced into the practice at present pursued in New- 
 " Brunswick, in regard to the sale of land and Tim- 
 " her Licences. You are of course aware that this 
 " practice differs in some essential points from that pur- 
 *' sued in the otfier North American Colonies. When 
 " in the year 1831 the Earl of Ripon established in 
 " those Provinces, the principle of sale of Crown 
 " Estate by public Auction, he forbore in deference to 
 " the opinions of the acting Govern&ry (Hon. Wm. 
 " Black,) and Surveyor General of New-Brunstoick, 
 ^^from enforcing that system in that Province. It 
 " appears however, that His Lordship did not depart 
 " from his opinion of the advantages of that system 
 " and accordingly in the instructions under the sign 
 " manual respecting the disposal of Crown Estate 
 " in New-Brunswick, dated February 1832, a clause 
 " was introduced to sanction its sale bypuUic Auction 
 " should such d measure appear adoisable, and in his 
 " despatches of the 25th May and 20th Sept. 1832, 
 *' Lord Ripon urged its adoption in regard to Li- 
 " cences to cut timber. This principle was not 
 *• novel in New-Brunswick. In an elaborate report 
 ♦• dated in Nov. 1828, Mr. Baillie had himself atrong- 
 " ly recomtnended the sale of Lands and Timber by 
 " Auction. The experience which has since beeh 
 " acquired in the Canadian Provinces leads me to 
 " the conviction that the system thus advocated by 
 " the Earl of Ripon and by Mr. Baillie is the mo^t 
 " advantageous that has hitherto been suggested Jbr 
 " the disposal of the Crown Estate, I have therefore 
 to desire that in future you will avail yourself as 
 much as possible of the permission granted by the 
 13th clause of the Royal Instructions of 1832, by 
 adopting the principle of the sale of Land and of 
 " Licenses to cut Timber by public Auction at an 
 
 « 
 
 « 
 
 (< 
 
 (I 
 
9d 
 
 ^f 
 
 IW 
 
 M 
 
 l( 
 
 « 
 
 " Upset price. To assist you in drawing up the no- 
 " cessary rules for that purpose, I enclose a copy of 
 " the printed regulations under which Land is dis- 
 " posed of in Australia and other Colonies. In con- 
 " veying to you this instruction it is I trust, uhneces- 
 " sary for me to disclaim any design to call in ques- 
 " tion the manner in which Mr. Baillie'has hitherto 
 " exercised the discretion committed to him : the 
 records of this office offer abundant testimony to the 
 diligence and ability mth which that Gentleman has 
 discharged his arduous duties, and the present state 
 " of the Casual and Territorial Revenue of New- 
 " Brunswick, is a proof of the success with which 
 " he has laboured to protect the Crown Estate from 
 " the depredations to which it has been formerly 
 ** exposed ; but I feel that the responsibility which 
 " is devolved on him by the existing system is a bur- 
 " deri which ought not to be imposed on any indi- 
 " vidua!, and I am confident that he will view with 
 " satLsfactiop the introduction of a principle which 
 " while it secures the interests of the Crown, will 
 " relieve him from the necessity of relying on his 
 " own unassisted judgment in fixing the ultimate 
 
 " price of Land and Timber." !r .'>! -y'A 
 
 XHn^ i\ bi:tij f':ioi'iJio a.. \ _ " Signed GLENELG.'* \\ 
 })!As we have already said this Despatch was given 
 to Messrs. Crane &. Wilmot, and it is to it, that Lord 
 Glenelg alludes when he speaks, as he often does, 
 of the instructions for the sale of Land and Timber 
 to which the Governor and Council are to conform. 
 This Despatch was dated in March 1835, so that at 
 the time of the interview in question it was only fif- 
 teen months old, and having been looked up for the 
 occasion, New-Brunswick affairs occupying a good 
 deal of the attention of the office, it is impossible that 
 Sir George Grey should not have been intimately 
 acquainted with Lord Ripon's plan in all its details. 
 
 I 
 
 1 I; 
 
1^: 
 
 u 
 
 This consideration added to t^e fact, that no alhiaion 
 to any such passage is tjo be found in the minute 
 submitted to Lora Glenelg, must satisfy any oile» 
 that Sir George Gi-ey did not, could not, have uttered 
 any thing so false, but that the Belegate^ have 
 wronged and insulted himbj' putting such p speech 
 into his mouth* Next ^eok we shall resume the exa- 
 mination of the contents of this precious Report j 
 and in the mean time content ourselves with ikying 
 that if there can be found any one, who after this, 
 willpl^ce the shadow of a shade of confidence in 
 that document, his folly and credulity are as great, 
 us the cunning and dexterity of Messrs. Crfuie and 
 Wilmot. ■-' -^^-vrC 
 
 "Our observations on die Report of the Delegates 
 have hitherto been general ; being designed as a 
 sort of prelimiimry proceeding to ascertain what de- 
 gree of credit may be due to it Our own opaiiibn 
 we have not hesitatJed' to express in pretty decided 
 termsi and we know that diere are ttumbers m all' 
 parts of 1^ Province who concur with us openly, 
 and mull^udee more ^ as we have reason to beiiisve, 
 who though they say but little for fear of being abus- 
 ed by the Radicals, in their secret souls otre^sadified' 
 that ihe whole concern is a tissue of tricks and fraud. 
 We shall now condescend upon particular^ and 
 with a view to putting iote a oomnected ^lape ^ik^hat 
 is now lying higgledy piggledy, shall arrange otir 
 i^eBPiarks on the diffbrent subjects in the order lAiii' 
 down by Lord Glenelg in his Despatch of August 3i, 
 eommeacing with his No. 1, "the maimgement <]^ 
 the Crown Estate." Therepi-esentatioii of tlie As- 
 sembly in tlieir Address and by thei^ Delegates, His 
 Lordship says " is in sufestance, that the powers at 
 " present confided to the Commissioner of Grown 
 " Lands are excessive, and that the system which 
 ^' that Officer in the exer<jise of his discretion has fol- 
 
85 
 
 •i 
 
 " lowed, has tended to retard the settlement and the 
 " prosperity of the Province." This as Lord Gle* 
 nelg declares is the substance of their representations J 
 we shall now proceed to the particulars. 
 . -. With respect to what the Address of the Assembly 
 asserts, it will be better to look at the resolutions 
 than the address, because in them the different 
 heads are more systematically arranged. 
 
 They complain in resolution No. 7, of " numer- 
 ous and sudden changes in the system of disposing 
 of Land in 1834 and '35 : in No. 8 " of sales and 
 leases of large tracts to individuals." In No. 9 
 " ot sales by auction taking place at Fredericton 
 instead of in the Districts where the lands are situ- 
 ated." Li No. 10 "of the upset price not being af- 
 fixed to each lot," In No. 11 and 12, " of selling 
 Timber Berths at Auction." In No. 13 "of grant- 
 ing timber licences on only one day in each 
 month." In No. 14 " of leasing extensive tracts of 
 Timber Land for a term of years." In No. 15 "of 
 taking Bonds from lessees." In No. 16 "of Tim- 
 ber licences not being renewed immediately on 
 their being applied for : and of the competition for 
 new Births not being restricted to the applicants on- 
 ly." In No. 17, " of a higher rate being demanded 
 from poor settlers than that fixed previous to 1828." 
 These are all the items of complaint put forth by 
 the Assembly, and in most cases we use the very 
 words of their own resolutions, and all the material 
 words, the remainder of each resolution being mere 
 stuF, designed to give the thing as imposing an ap- 
 pearance as possible, one resolution scarcely differ* 
 ing in substance from the other, and merely show- 
 ing the skill of the great master manufacturer of re* 
 solutions to the House, in ringing the changes upon 
 any given theme. 
 
 We have now to begin the task of examining the 
 
 
 
 I? 
 
! I •' 
 
 2G 
 
 SI 
 
 ill 
 
 II 
 
 i! -I ( 
 
 ;li 
 
 <i"ii 
 
 Li 
 
 report of the delegates to ascertain what they vvert; 
 pleased to say on this same subject of grievances. 
 It appears that Lord Glenelg gave them a copy of 
 his despatch at the " sixth interview, Saturday, 
 2Gth August, and as nothing passed on that occasion 
 about the "management of the Crown Estate," we 
 must look for what they said to the five previous in- 
 terviews ; two of which were with Sir George Grey. 
 In the first they confined themselves in their com- 
 plaints to " the sales of large tracts of land to indi- 
 viduals, and the frequent and sudden changes in the 
 system of disposing of land and timber," and stated 
 that the Assembly wished that the " power of the 
 Commissioner might be transferred to the Governor 
 and Executive Council." This was all that then 
 passed according to the ^nw^eJ report, except some- 
 thing about surprise at the small net proceeds and 
 the large quantity of land sold, which will more pro- 
 perly cor^e under another head. As usual the 
 manuscript Report differs materially from the print- 
 ed one, containing particulars which have no been 
 printed. The time appointed for tha interview it 
 says, was half past three, (the printed report says 
 3 o'clock.) It says that they waited half an hour 
 before they were admitted : that Lord Glenelg, 
 (struck no doubt with the elegance of their appear- 
 ance,) requested them to be seated : that " when 
 they got up to take leave, a shower came on, and his 
 Lordship asked them to sit down until it was over r 
 some general conversation ensued, and when the 
 rain ceased, (to let the Noble Secretary see that they 
 had larnt and not forgotten their manners) they 
 made their how and departed. This MS. precise as 
 It is in describing these apparently trifling particu- 
 lars merely says, with respect to the n. magement of 
 the Crown Estate, " we then stated the manner in 
 which the sales of large tracts of land had been man- 
 
 i 
 
 
27 
 
 i 
 
 
 aged, and the frequent changes in the mode, and 
 also the disposal of logs and timber had created 
 much dissatisfaction." (No doubt ! the lumberers 
 would have been very glad to get logs and timber 
 for nothing !) 
 
 In the second interview, they stated that if Lord 
 Glenelg " was disposed to believe that the As- 
 " sembly had no just cause of complaint, but that 
 " the proceedings connected with the Land Depart- 
 " ment had been wisely and prudently conducted, 
 " they would be prepared to shew by incontestible 
 " evidence to the contrary." This is all that then 
 passed, except that they incidentally speak of " the 
 extraordinary proceedings of the Land Department 
 in 1835," but do not go into any particulars. 
 
 As usual the MS. goes into pp . dculars which are 
 not printed ; it says this interview lasted upwards of 
 an hour, and that Lord Glenelg did not begin the 
 conference till they were seated. As we have no 
 wish to exaggerate or extenuate in the slightest de- 
 gree, we feel bound to say, that the printed report is 
 in this instance a fair condensation of what is in the 
 MS. — the incontestable evidence is there stated to be 
 "facts and figures." ,. ..... 
 
 The third interview, 14th July is an important 
 -t is that one referred to in the note which Lord 
 
 one 
 
 Glenelg addressed to Messrs. Crane and Wilmot, 
 bi|| not inserted in the printed report as we sta- 
 ted in our first paper. The Report says — " As to the 
 " sales of Land in 1835 — his Lordship admitted 
 " and approved of the spirit with which the Assem- 
 " bly had brought that subject before the Govern- 
 " ment, as they ha J asked to have the power at pre- 
 " sent invested in the Commissioner transferred to 
 " the Governor and Executive Council." The MS. 
 speaks " of the sale of land," but without specifying 
 in what year. This is everything thiat passed rela- 
 
 
 H S 
 
 u 
 
 i • 
 
28 
 
 i 
 
 J! 
 
 
 u 
 
 tive to the "management of the Crown Estate," at 
 that interview, and as this was the last time they saw 
 Lord Glenelg, till he gave them the draft of his De- 
 spatch of 31st August, we have before us everything 
 that they said to the Secretary of State. 
 
 In the fourth interview with Sir George Grey, 
 they are called upon by him, " to particularine some 
 of the proceedings of which they complained" they 
 answered says the Report, " large sales of land :" 
 that " tracts ranging from 5,000 to 22,000 acres 
 each, amounting to 240,000 acres had been adver- 
 tised for sale by Auction between April and Novem- 
 ber, and several large tracts had been disposed of 
 by private sale. A. tract of 100,000 acres on the 
 Tobique had been sold for 10s. per acre with leave 
 for the applicant to explore and select from June 
 till January following. The time was afterwards 
 edlarged, and only two per cent, deposited." That 
 an advertisement appeared in the Royal Gazette 
 stating that " all the vacant surveyed lands through- 
 out the Province were to be sold at Fredericton by 
 Auction on 7th December — afterwards the words 
 • all th^' were omitted : the sale was however post- 
 poned." This shews they said what msght be done 
 under the present system ! Yes ! two immaterial 
 words may be at any time left out of an advertise- 
 ment, and a sale may be postponed ! Sir George 
 Grey astonished no doubt at the enormity of tkiB 
 offence made sunh a report as induced Lord Gle- 
 nelg to request a minute in writing of this conver- 
 sation from Messrs. Crane & Wilmot. At the fifth 
 interview, 12th August with Sir George Grey, no- 
 thing was said relative to the Land Department. 
 We come now to the sixth when Lord Glenelg gave 
 them the draft of his despatch to Sir A. Campbell 
 of 31 St August. 
 
 It is quite refreshing after dwelling so long as we 
 
2^ 
 
 have, upon the trashy stuff of the Delegates, to come 
 to any thing written by Lord Glenelg, for whatever 
 may be our opinion of him as a Statesman and bar- 
 gain maker — it is impossible not to admire the ele- 
 gance of style in all his writings. But before we go 
 into this Despatch it will be necessary to advert to 
 his Despatch of 31st March, 1836 — from which, as 
 he says. Sir A. Campbell " will have seen, that the 
 ♦' management of the Crown Lands in New-Bruns- 
 " wick has engaged much of his attention." A copy 
 of this despatch was given to the Delegates, and is 
 copied into their MS. but with unpardonable disin- 
 geniousness is not printed in the report. This de- 
 spatch contains Lord Glenelg's opinion and decision 
 on the Address to the King presented by Messrs. 
 Rankin and Bliss, and Sir A. Campbell's Despatch 
 of 7th July, 1835, and the Commissioner s report 
 contained in it. 
 
 " The memorialists represent, (writes his Lord- 
 " ship,) that while the supply of white and red pine 
 " timber has of late year's diminished the prices 
 " demanded for licences to cut it has been raised : 
 " (how droll !) that the regulations in regard to licen- 
 *' ces are of a vexatious nature, and that the high 
 " price fixed on wilderness land has retarded the 
 *• settlement of the Province : they therefore pray 
 " that the prices fixed on land and timber may be 
 " reduced, and the authority to alter them be with- 
 " drawn from the Commissioner." " Mr. Baillie 
 " reports that the price demanded for timber on the 
 " Crown Lands is less than that received by indivi- 
 " duals and by the Government of the States — the 
 " truth of which is admitted by some of the memo- 
 " rialists." " This though not unimportant would 
 " not of Itself afford a sure criterion of the modera- 
 " tion of the prices, a more conclusive argument is to 
 " be found in the continual and rapid progress of the 
 
 !i M 
 
 
 it 
 I' 
 
 
 t 
 
 !^ . 
 
30 
 
 rt 
 
 U 
 
 \'-\ 
 
 If 
 
 .1 
 
 Casual Revenue during the last four years. Nor 
 are these the only grounds on which I must record 
 my opinion that the apprehensions expressed in 
 respect to Mr. Baillie's proceedings are not born 
 out by the facts, — I cannot admit that the increa- 
 sed and growing scarcity of a particular species 
 of timber is a re?.son for diuiinishing its price, 
 nor that the excess of the Casual Revenue beyond 
 what is indispensably necessary to the expences of 
 the Government, should be a sufficient argument 
 for reducing the pricei of the waste lands. The 
 Revenue to be derived from this sale is by no means 
 the only, nor even the principal object which it is 
 necessary to keep in view. Such a system should 
 be pursued as will maintain a just equilibrium 
 among the different classes of society. Without 
 denying the force of the arguments which have 
 been urged in favour of encouraging: by free grants 
 of land, or by an extreme lowness of its price, the 
 resort to the province of the poor but industrious 
 classes, I must vet be allowed to observe that the 
 system has been found in practice to be attended 
 with many and very serious disadvantages, by 
 forcing into the class of land -holders all those who 
 under ordinary circumstances would gain their 
 subsistence by daily-wages, it destroys that divi- 
 sion of labour which is indispensable to the well 
 being of every community, by inducing every man 
 to work only on his own account, cripples the ex- 
 ertions of capitalists, and materially impedes the 
 advancement of society in that career of prosperity, 
 which its natural resources under a more enlight* 
 ened system might command." " For these reasons 
 I felt myself precluded from advising His Majesty 
 to accede tr> the prayer of the addresses now be- 
 fore me, 1 directing a reduction in the price of 
 land and t '^er." " With respect to their sug- 
 
 ..;t>»iiit)i 
 
" gestion that twelve months notice in the Royal 
 " Gazette of any alteration in the terms of Timber 
 *' Licences — it appears to be but little calculated to 
 " meet the rapid changes in the value of land and 
 " timber in a colony like New-Brunswick." After 
 I this follows the passage w^hich we quoted last week 
 with respect to the sale of land and timber by auction. 
 This was the state of the case when Lord Glenelg 
 gave his despatch to the delegates on the 26th Au^ 
 gust. In it he says, " in deference to the judgment 
 " already expressed by His Majesty on this subject, 
 " the Assembly withdraw on the present occasion, 
 " their claim (jput forward hy Messrs. Simonds and 
 " Chandler the former deputation) for the entire 
 ** control and management of Crown Lands, and 
 ** suggests that such controul and management should 
 " in future be confided to the administrator of the 
 *' Provincial Government and the Executive Coun- 
 " cil. His Majesty is pleased to acquiesce in the 
 " suggestion. It will be your duty hereafter in all 
 " questions relating to the disposal of lands and 
 " timber to submit the subject for the consideration 
 " of the Executive Council, and to proceed only in 
 " conformity with the opinion of that Council, or of 
 " a majority of its members. To the Commissioner 
 " will still belong the duty of carrying into effect 
 " such measures as shall have been thus decided on, 
 " His Majesty at the same time readily admits the 
 " right of the Legislature to pass such law^s as may 
 " seem to them expedient for the guidance of the 
 " Executive in this branch of their duties. His Ma- 
 ^ jesty will be at all times prepared to receive and 
 ** to consider with attention any suggestions and 
 ** advice respecting the policy and system of ma- 
 " nagement which may be oft'ered to the Crown by 
 " the Council and Assembly of New-Brunswick 
 " whether by address, or in the form of Legislative 
 
 ii 
 
 |i 
 
 M 
 
32 
 
 
 H 1 
 
 1J! 
 
 
 1^ 
 
 ;i 
 
 !1 
 
 ♦^ enactment. — It will be indispensable that any Act 
 " should contain a suspending clause." 
 
 In the " remarks on the draft submitted to Lord 
 Glenelg" by the delegates they suggest " Legislative 
 " regulation of the Land office, that it is desirable 
 " that any Act passed should be allowed to go into 
 " immediate operation because of the delay which 
 " must ensue in obtaining the Royal Assent t"— ^then 
 follows a good deal of the Messrs. Crane and Wil- 
 mots style of stuff about the intimate acquaintance 
 of the Legislature with the general interests of the 
 country and such like blarney. This point is again 
 adverted to in the seventh interview 10th Sept. when 
 they assured his Lordship " that the liegislature 
 " (as they always have been) would be careful not to 
 " pass such a Bill as would be disallowed by His Ma- 
 jestyw" Lord Glenelg would not however accede 
 to their proposal The discussion on this subject 
 was closed at the eighth interview 14th September, 
 and the plan as settled is detailed in Lord Glenelg'd 
 despatch to Sir A. Campbell 5th September. — ' 
 There is) he writes, an alternative — this is, that no 
 act "for the regulation of the land Department^ shall 
 " come into operation till a given period after its pas- 
 "sing. If therefore any act presented to you shall 
 " contain a clause, providing that it shall not come 
 " into operation until the expiration of at least four 
 " months from its date : you will be at liberty, should 
 " you see no objection to the act on other grounds, 
 " to give your assent to it. It will be your duty im- 
 " mediately to transmit the Act to me, in order that 
 " it may be brought under the consideration of His 
 " Majesty in Council." 
 
 This is a recital of every thing that occurred rela- 
 tive to this, which was by every body considered one 
 of the most important objects of the deputation.—* 
 Notwithstanding the preparations which have been 
 
 ^1,1 
 
^rr 
 
 that 
 His 
 
 rela- 
 
 )n.— * 
 I been 
 
 33 
 
 making for years for thifr assault on the Land Office j 
 notwithstanding they had all the assistance which 
 could be derived from the John Gape papjers— the 
 highly valuable labours of Messrs. Simonds ^and 
 Chandler who did, nobody knows what, for they 
 w*ere too knowhig to commit themselves by submit- 
 ting a written report — the petitions from Miramichi 
 —the wonderful resolutions which Mr. Partelow 
 has from time to time thrown off, with the rapidity 
 of a steam press — and all the agitation, and all the 
 falsehoods, and all the abuse, and all the long dull 
 slanderous speeches delivered in the House under 
 privilege, oh how absurd — this is all they could make 
 of the management — of the Land Office ! Not one 
 syllable of disapprobation of the conduct of the Com- 
 missioner could they elicit from Lord Glenelg ! On 
 the contrary he expresses his entire approbation of 
 " the manner in which Mr. Baillie had hitherto ex- 
 " ercised the discretion committed to him, the re- 
 " cords of the office offering abundant testimony to 
 " the diligence and ability with which he had dis- 
 " charged his arduous duties." He approves of his 
 sales of large tracts, because the proceeds have 
 filled the chest. He approves of the increase in the 
 price of land, because it affords less encouragement 
 to the poor settler to become a land holder. He 
 proves that the complaints of the Assembly are all 
 perfect moonshine. 
 
 And what are the wonderful measures of amelio- 
 ration agreed upon 1 The Commissioner, as is thei 
 case at present, is to submit questions which may 
 arise to the Governor, who is to bring them before 
 the Executive Council, and be guided by the opi- 
 nion of the majority. Good ! this is worth some- 
 thing ! Then the Council and Assembly are to be 
 at liberty (as they always have been) to offet to the 
 Crown any advice in the management of the depart- 
 
 D 
 
 'n 
 
 V: ! 
 ■i I 
 
f 
 
 ii 
 
 
 #■1 
 
 
 .ill 
 
 Hi 
 
 34 
 
 metit by address t Good ! this again if; worth Bome- 
 thing ! Or they may do 80 (as they always could 
 have done) by Legislative enactment, provided the 
 act is npt to go into immediate operation to give 
 tiijie for His Majesty's pleasure to be signified. — 
 Good ! this also is worth something. Besides the 
 Governor if he sees no objection to the Act on other 
 grounds, may assent to it with such a clause. Good ! 
 excellent ! tnis too is worth something ! Moreover 
 the sales of large tracts are to be prohibited Good ? 
 this too is worth something. How much of the 
 immense sums (^£1000, .£1850, &c.) which have 
 been wasted upon deputations, and all the rest 
 of that stuff, by which the country has been so infa- 
 mously imposed upon. It puts one in mind of what 
 the Vicar of Wakefield said to his daughters, who 
 for a shilling a piece had been promised by the for- 
 tune teller a Lord and a Squire— -that for three 
 pence he could have promised them a Prince and a 
 Nabob. If instead of their sending two gentlemen, 
 tliey had sent two sheets of paper to the Province 
 agent, he could have sent them by the penny post 
 (without any necessity for doubling his pay) to the 
 Colonial Office, and as much would have been done 
 with the Crown Land Office as the deputations have 
 effected. Certainiy it was quite right and proper 
 for the House to resolve " that the despatches of 
 Lord Glenelg containing the determination of His 
 Majesty's government with respect to the Land 
 Office should afford the House the most entire satis- 
 faction : and that the House should entertain a deep 
 sense of the hi^h oMigations they owe to His Ma- 
 jesty's Government for the measures of amelipration 
 introduced into the management of that department. 
 And it was equally right and proper that they should 
 entertain a high sense of the attention shewn by 
 Lord Glenelg to the dentation during the progress 
 
 (I 
 
 « 
 
 t< 
 
35 
 
 give 
 
 of the negociations carried on with His Lordship on 
 the subject of the Land Department : and that they 
 should give the thanks of the House to Williarh Crane 
 and L. A. Wilmot, Esquires, Members o£ the House 
 who composed the Deputation, together with £1S50 
 and members pay and allowances : and that they 
 should also give the thanks o£ the House to Henry 
 Bliss, Esqr., together with double pay as Province 
 Agent. 
 
 We have already said that on the accession of 
 Wm. 4, in 1830, he surrendered to the Imperial Par- 
 liament, all his reventies in his possessions^ in return 
 for the Civil List of the Kingdom. On March 3, 
 1831, Mr. Partelow introduced some resolutons which 
 were passed by the Aseembly in which that fact is 
 recited, and concluded with an address to the Pre- 
 sident (Hon. W. Black) requesting a detailed account 
 of the Casual Revenue, from 1st January, 1824 to 1st 
 January, 1831. To their address Mr. Black replied 
 " that consistently with such instructions as have been 
 " hitherto 7'eceived, he could not now comply with 
 " the prayer of it, but that he would transmit it for 
 " consideration of His Majesty's Ministers, and their 
 " orders thereupon." — 'On March 16, Mr. Partelow 
 moved that " the subject be brought under consider- 
 " ation of His Majesty's Government by an address 
 " from the House f the address was brought up by 
 the committee on the 31st, but a squabble having 
 arisen among the members, the Assembly was pro- 
 rouged without its having been agreed to. 
 
 183^2, Jan. 25, Sir Archibald Campbell sends down 
 the following answer from Lord Goderich to Mr. 
 President Black's despatch inclosing the address of 
 the Assembly to himself in which he says with re- 
 ference to the accounts *' it is not in myjpower to 
 authorise you to comply with their request" February 
 4, Mr. Simonds moves an address to the Ooyernor 
 
 ifH 
 
 i t 
 
 1 1 
 
36 
 
 I- 
 
 
 h \ 
 
 
 il 
 
 
 " for an account of the Casual Revenue from Ist 
 January, 1830 to 31st December, 1831 :" His Excel- 
 lency on the 7th, referring to Lord Goderich's des- 
 patch, " declines to comply with the request." On 
 21st Mr. Simonds again moves for " an account of 
 " the receipts and expenditure in 1831, with a vieto 
 " to determine the propriety of making a proposition 
 " to His Majesty's Goverjiment to pay the Civil List!* 
 To this, on the 2 2d, the Governor assents, and the 
 accounts are sent down on the 24th. On the 29th, 
 Mr. Simonds moves for a Committee to prepare an 
 address to the Crown, to propose a surrender of the 
 Crown Revenues to the House " on their making 
 proper provision for the Civil List." The address 
 was passed March 8, and contains the following re- 
 markable passage, " the House of Assembly having 
 " received such ivforination from the Lieutenant Go- 
 " vernor of the Province as His Excellency was autho- 
 " rised to give, upon the subject of your Majesty's 
 " Casual Revenue,; — submit this their proposition." 
 Here then we find that as yet there has been no 
 ground for the complaint of the Assembly, but that 
 sufficient information had been afforded them on 
 which to found a proposition, and that they had 
 received all that the Governor was authorized to 
 
 give. 
 
 1833, February 20, Mr. Partelow moves that as 
 the expected answer to the forgoing address may 
 not arrive in time, an address be presented to the 
 Governor for a detailed account from 1st January, 
 1829 to 1st January, 1833 : the answer however ar- 
 rives and is sent down on the 25th ; it is dated Jan- 
 uary 3, 1833, and after declining the proposition, 
 contains the following passage, " His Majesty re- 
 " grets that there should have appeared to the As- 
 " sembly any want of due economy in the manage- 
 ^* plant of the Crown Revenues, and will give his 
 
 it 
 (I 
 «( 
 .«( 
 
 41 
 l( 
 
37 
 
 <( 
 
 «( 
 
 .(( 
 
 «i 
 
 i( 
 
 best endeavours to have them so administered as to 
 " conduce to the benefit of the Province. He will 
 •* be happy to receive from the House any sugges- 
 " tions which may tend to that object, and in order 
 that they may be enabled to point out any im- 
 provements, which they may think desirable, he 
 will direct the accounts relating to the receipt and 
 expenditure of the Revenue, to be laid before 
 them." Upon the strength of this despatch Mr. 
 Kinnear moves February 28 " an address to the 
 Governor for accounts from August, 1824 to 31st 
 December, 1832. It is here worthy of remark that 
 the House have never yet asked twice for the same 
 accounts, the period to be embraced in every time 
 different — from 1st January, 1824 to 1831 — 1st Jan- 
 uary, 1830 to 1832— 1st January 1831 to 1832 — 1st 
 January, 1820 to 1833 — now from August, 1824 to 
 1st January, 1833, so that it would appear that any 
 accounts, and for any period, would answer their 
 purpose just as well, one as the other. The Lieut. 
 Governor seeing this and also that Lord Godericli 
 specified no particular period, felt himself at liberty 
 to use his own discretion, and on March 1st replies 
 that " he does not feel himself authorized to furnish 
 " accounts embracing a period elapsed before his 
 " own assumption of the Government : and that hav- 
 " ing furnished a detailed account for 1831, he will 
 " order a similar one for 1832, being of opinion that 
 " he is then acting most fully in obedience to the 
 " tenor of Lord Goderich's despatch." This account 
 was then sent down on the 7th. The first notice 
 taken of these accounts was on the next day, when 
 the House in committee of the whole passed eight 
 resolutions : of which the following is extracted from 
 the 4th, " The refusal of the Lieutenant Governor to 
 ^^ furnish the Assembly with particular accounts to tlie 
 ^- extent prayed for y have give7i just reason to believe 
 
 4. 
 
38 
 
 m 
 
 m 
 
 w 
 
 ?:r 
 
 
 
 •* Ihat great abuses exist in the Land Dcjjartmmt." 
 After having passed this resolution so unnecessary, 
 so unfounded and offensive, on the lith Mr. W. 
 Taylor moves that " that the accounts be referred 
 to a select committee:" the next day Mr. Pa. ^low 
 brings in the Report which forms No. 8 of the appen- 
 dix ; ard says that " from the way in which the ac- 
 " account is made up, it is impossible for your Com- 
 " mittee to ascertain tvhether it be a correct one or not, 
 "' as it is unaccompanied by any detail of receipts— 
 " with the exception of obtaining information as to 
 " the way in which the large amount drawn has been 
 " applied in 1832, the House will be in as much ob- 
 " scurity as ever." On the 16th these accounts and 
 the report on them were ordered to be printed ; 
 and the address to be sent home by Messrs. P monds 
 and Chandler, who composed the first deputation 
 was passed. In that document they say with refer- 
 ence to the Casual Revenue accounts that since the 
 receipt of Lorr^ Goderich's despatch the Governor 
 •' has not conceived himself authorized to give them 
 " information to the extent prayed for, by which they 
 " are not enabled to point out such improvements in 
 " the management of ^,hese Revenues as the des- 
 " patch fully contemplated." This closes the pro- 
 ceedings of that year — the Governor and the House 
 iiffeiing in opinion as to the extent to which the ac- 
 counts were ordered by Lord Goderich ; the Gover- 
 nor thinking th/it enough which would enable them 
 " to see the way in which the accounts drawn were 
 applied/' and this the report admits they were ena- 
 bled to do ; — the House thinking that a detail of re- 
 ceipts should have been furnished, that they might 
 see " lohether the accounts were correct or »<?^"— *ithere- 
 by claiming a right to audit the King's accounts, a 
 duty which belongs to the Auditor General, and which 
 die King had not in any Vvay committed to the As- 
 
39 
 
 ^low 
 
 sembly, or called upon ihem to express an opinion 
 upon. 
 
 18M. This year the deputation make their re- 
 port. In the paper dated 8th August, 1833, submit- 
 ted by them to the House, Lord Stanley says, " re- 
 " cent instructions to the Governor to furnish the 
 " House of Assembly with detailed accr untb, annu- 
 " ally, of the receipts and expenditure of the Casual 
 " Revenue vi^ill have removed the principal cause 
 " of complaint on this point" In Lord Stanley's 
 despatch laid before the house 12th Feb. there is no 
 allusion to accounts. Feb. 13, Mr. Partelow moves 
 aii address for the Casual Revenue Accounts for 
 1833 • they were sent down on the 21st, iiid refer- 
 red to a Committee. On 1st March, Mr. Partelow 
 presents the report of the committee. On the 7th 
 Mr.' Partelow moves an address for the particular 
 items in detail, of certain items stated in gross ; the 
 Governor replies on the 11th, stating that " it had 
 
 * been his wish and endea^^our to render the infor- 
 
 * mation required from him complete and satisfac- 
 
 * tory, and regrets to find numerous and voluminous 
 ' accounts are now sought for, iume of which are of 
 ' a natuFe, which he feels himself compelled to de- 
 
 * cline furnishing : he will however take upon him- 
 
 * self the responsibility of directing all such of the 
 ' accounts to be ^ .'epared (as he can with any degree 
 
 * of propriety furrish) with the understanding that 
 'it is not to be eonsiicred as a precedent for future 
 
 * proceeding." The accounts were sent dovvn on 
 the 13th, and are ♦o be found in the appendix. On 
 the 19th an address to the King on the surrender of 
 riie Casual Revenue was agreed to. Now if the 
 Assembly had not baen satisfied with the accounts 
 furnished to them, here would have been a very con- 
 venient opportunity for making a complaint : hut 
 the address does mt contain one syllable of complaint , 
 
 in 
 
 I' 
 
 i! 
 
40 
 
 ii ' 
 
 i 
 
 
 ai 
 
 
 :i: ■ 
 
 the presumption therefore is that tiiei' were satis- 
 fied, and had no jomplaint to make. Up to. this 
 period then iliere i& no ground for the "complaint 
 ' of the Assembly that they had not been able to 
 * obtain detailed accounts of the Casual Revenue," 
 and the Governor might well dissent from the. cor- 
 rectness of the assertion." > / ,ir!i-< •' 
 
 1835, Jan. 28th, Mr. Weldon moves an address 
 for the Catiual Revenue accounts for 1834 : the ac- 
 counts were sent down Feb. 17. On the 19th a 
 despatch from Lord Aberdeen is sent down decli- 
 ning any further proposals " respecting the cession 
 of the Territorial Revenue :" but no mention of any 
 kind is 9?iade of Casual Revenue accounts. March 
 7th, Mr. Partelow gives notice, and on the 9th 
 brings forward some resolutions, which contain no 
 allusion to the accounts. On the 14th an addreiss to 
 the King founded on these resolutions was agreed 
 to, but not one word of complaint does that address 
 contain about accounts liaving been mthheld. We are 
 therefore justified la saying that even up to this pe- 
 riod the complaint is unfounded. 
 
 1836. Jan. 25th, Mr. L. A. Wilniot moves an 
 address for the Casual Revenue accounts for 1835 : 
 the Governor replies that " that he does not feel 
 " himself authorized to comply with their request to 
 " the full extent — some cf the particulars asked for 
 " being under the consideration of His Mcyesty's 
 " government, and others not "under his controul ; 
 " but he will direct to be laid before the House a 
 " statement of the receipts and expenditure of the 
 " Casual Revenue for the past year." These ac- 
 counts having been sent down they were referred to 
 a committee. Feb. 25th, Mr. Partelow from the 
 committee reports " that the information sought for 
 " has not been given. Instepd of statements and 
 " accounts in detail^ they are furnished in gross. 
 
 (I 
 
 (t 
 
 (( 
 
 (( 
 
 4( 
 
 (( 
 ({ 
 
 (( 
 
 i( 
 
 (( 
 
4i 
 
 tis- 
 this 
 
 w 
 
 {( 
 
 (( 
 
 « 
 
 i( 
 
 " affording information of comparatively small im- 
 " portance. Your committee are of opinion, that 
 " the House should have detailed accounts to enable 
 them to make any suggestions to His Majesty's 
 government that might be considered necessary, 
 and recommend that His Excellency he again ad- 
 dressed on the subject." No other address was 
 however presented, but March 7th, Mr. Partelow 
 moves sundry resolutions which passed the House. 
 2. " that agreeably to Lord Gcderich's despatch in 
 ' 1833, the House should from time to time make 
 ' suggestions to His Majesty's Government relating 
 ' to the Crown Lands and Revenues :" 3. " that 
 
 * to enable the House to do this, the most full, parti- 
 
 * cular and explicit information should be laid before 
 
 * it regarding th ^•eceipts and expenditure of the 
 ' said revenuf ." I. " that by the despatch of 7th 
 ' August, 1833, of Mr. Secretary Stanley, it appears 
 
 * that recent instructions had been given to the 
 ' Governor to furnish the House with detailed ac- 
 
 * counts :" 6. " that it is deeply to be regretted 
 ' that His Excellency has not felt himself authori- 
 ' zed to direct such accounts in detail, thereby ren- 
 ' dering it impossible to make jruch suggestions to 
 
 * His Majesty's Government regarding the Crown 
 ' revenue, as might have been deemed expedient 
 ' and necessary." 
 
 Now it will be Yecd.\)<-''^A '^^hat those resolutions 
 
 formed the " sailing cr < ' )f the deputies, Messrs. 
 Crane & Wilmot, and tht fnct that this deputation 
 had been determined on, was the reason why the 
 recommendation of the committee that " the Go- 
 vernor should be again addressed for accounts,'' was 
 not acted upon. They were afraid that too much 
 would be furnished and so the grievance be removed. 
 Still the accounts, sr^ ; as they are, are quite as full, 
 and convey as muci* 1 i^ormation sts those of 1831, 
 
 E 
 
 m 
 
42 
 
 
 'II 
 
 ■ tl ?: 
 
 life 
 
 'ii'- 
 
 .1 
 
 V: 
 
 1832, and 1834 with which the House had either 
 expressed themselves satisfied, or with respect to 
 which they had made no complaint. The only au- 
 chority to which they appeal for demanding accounts 
 at all is Lord Goderich's despatch of 1833, but in 
 that the extent of the demand is limited to such 
 particulars as will enable them " to point out im- 
 provements in the management of the Crown Re- 
 venues :" not one word is said, there or elsewhere, 
 about their being erected into a board of Audit. 
 
 Let us now look at what passed between the de- 
 legates and Lord Glenelg on this subject. 1st in- 
 terview, " We proceeded to observe on the mystery 
 " and concealment with which the Crown revenues 
 " had been managed, for that althoug> '^" Majesty's 
 " Government had given frequent dir ions that 
 " full and detailed accounts should be laid before 
 the Assembly, they had never been furnished in a 
 satisfactory shape, and in such a manner as to 
 " enable them to make those suggestions which they 
 " had been invited to offer, and that such withhold- 
 ing and concealment had been the cause of very 
 great and increasing discontent in the Province. 
 Lord Glenelg expressed surprise that accounts had 
 not been given to the Assembly in as full and de- 
 tailed a manner as possible, as the instructions had 
 been very plain on the subject." We have now 
 to bring forward a precious piece of garbling. It is 
 a misdemeanour indictable at law to garble spices 
 — ^to garble reports is perhaps no offence at all ! 
 The following is in the above passage in the MS. — 
 " We then stated another cause of complaint was 
 " the withholding the accounts — some accounts had 
 " been furnished at different periods (why did they 
 " not tell the truth, and say, every year) and during 
 " one session all that were asked for with the excep- 
 " tion of two or three, but the want of these and 
 
 t( 
 
 (I 
 
 u 
 
 l( 
 
 l( 
 
 « 
 
 l( 
 
 <( 
 
 il 
 
43 
 
 
 '" previous information sought for, had prevented 
 ** them from making suggestions ;" — " Lord Glenelg 
 expressed surprise that the accounts had been w^ith- 
 held." Compare, now, this report of vv^hat Lord 
 Glenelg said w^ith the printed one, and reflect upon 
 the passage of their own speech which is omitted : 
 however let that pass for the present. If accounts 
 had been improperly withheld why did they not 
 complain to His Majesty's government. They sent 
 addresses in 1831, '32, '34, and '35, but neither of 
 them contains a word on thj subject : Messrs. Si- 
 monds and Chandler it would appear made some 
 complaint, but what no body knows, for they made 
 no report : Lord Stanley, however, treated the 
 subject, as if he did not consider what they had said 
 as of much importance. 
 
 They made Lord Glenelg say in the printed re- 
 port, that " his predecessors instruction had been 
 very plain on the subject" — now it is plain that Lord 
 Glenelg could not have said this, because it is not 
 only false in fact, but it is not to be found in the 
 MS. Lord Aberdeen never wrote a line on the 
 subject of accounts, nor did Mr. Spring Rice ; nor 
 did Lord Stanley : and all that Lord Goderich or- 
 dered was just so much and no more, as would ena- 
 ble the House to make suggestions, and what they 
 got under this order in 1834, and '35, was satisfac- 
 tory to them. 
 
 In the 3d interview, this subject is again slightly 
 alluded to, and from what passed at the 7th it will 
 appear, that enough had been furnished to enable 
 them to make the suggestions contemplated by Lord 
 Goderich. They mention the allowance of XIOOO 
 currency, for the " indoor establishment," of the 
 Land office and that notwithstanding this allowance, 
 charges had often been inserted, to a considerable 
 amount, for "incidental expences, stationary, fuel, 
 
44 
 
 ■! 
 
 
 ■m 
 
 W 
 
 Jh 
 
 m: 
 
 postage, «&c." and upon this suggest, that the gross 
 proceeds of the revenue should be surrendered, 
 " that the House might bring to bear an efficient 
 controul upon the Land department." They had 
 also enough to suggest, that the allowance to the 
 Presbyterian Minister at Saint John should be with- 
 drawn. In fact they had every thing that Lord 
 Goderich intended they should have, and every 
 thing that they could themselves ask for, except the 
 auditing the accounts, and the production of the 
 vouchers. In the report, 7th interview " they pro- 
 " posed that the word vouchers should be inserted 
 " in the instructions — His Lordship replied that the 
 " instructions would require all necessary vouchers 
 " — but he had no objection to make the amendment." 
 At the 11th interview " they asked if the addition 
 " had been made as to the vouchers ; he replied that 
 " the despatch had been sent off, but he would au- 
 " thorize us to say, that it was the intention of go- 
 " vernment, that the necessary vouchers should be 
 " furnished." It seems very extraordinary, that, if 
 all this had actually passed between the deputation 
 and Lord Glenelg, the vouchers should have been so 
 completely lost sight of by both of them, when the 
 instructions were prepared. In the letter which 
 they wrote to Lord Glenelg dated 28th Sept. in 
 which, " in compliance with his request they specify 
 in what manner the accounts will be required to be 
 made up," and which was sent down to the House 
 by the Governor, not one word is there to be found 
 respecting vouchers : neither has there been any 
 instructions received on which the House can found 
 a demand for the production of vouchers. Accord- 
 ingly no vouchers were sent to them ; of course the 
 House make great complaints about it; but all 
 the transactions of the late session will more properly 
 come under consideration when we review th^ re^ 
 
 
45 
 
 fj' 
 
 in 
 
 port of the deputation now in England. All we have 
 now to say is, that every thing the Assembly was au- 
 thorized to demand, was promptly furnished, and in 
 the very shape in which it was asked for ; and that, 
 with respect to the refusal of the Commissioner to 
 send in the vouchers demanded by the House, a 
 very satisfactory reason can be assigned for it. A 
 few years ago a Mr. Scully, one of the Deputy Sur- 
 veyors brought an action against Mr. Baillie for 
 payment for certain duties performed bv him, under 
 his direction, and under an engagement with him as 
 Commissioner and Surveyor General. The Attorney 
 General who was counsel for Mr. Baillie, raised an 
 objection, that Mr. Baillie, being an officer of the 
 Crown, and having as such made the contract, was 
 not liable in his private capacity. The Chief Jus- 
 tice over-ruled the objection, and laid it down, that 
 Mr. Baillie is responsible in his private capacity, for 
 all contracts which he may make, in the execution 
 of the duties of his office. This being the law of the 
 case, it becomes undeniably clear, that all those 
 vouchers demanded by the House are Mr. Baillie's 
 private papers^ and necessary to protect him against 
 demands which may be brought against him on 
 account of engagements made by him in execution 
 of the duties of his office, and that until he is indem- 
 nified against any consequences which may or can 
 ensue, from his giving up those papers, no power on 
 earth can deprive him of them. 
 
 We have now arrived at that part of Lord Gle- 
 nelg's despatch of August 25, which relates to His 
 Majesty's Councilp. " 3. The Assembly next al- 
 " lude to the composition of the Executive Council. 
 •* They reconimend, that the members of the Coun- 
 *• pil should be n!ii\terially increased : and express 
 V th^ir cordial concurrence in the views of Mr. S 
 ♦* ilicje, rd^tive to the ?\immoning to ^hat^body, some 
 
 
 u 
 
n 
 
 ,J!'- 
 
 '■i « 
 
 
 
 'I 
 
 46 
 
 " of the popular branch of the Legislature. 4. They 
 " next allude to the composition of the Legislative 
 " Council. Admitting that no great public evil has 
 " yet arisen from this source, they nevertheless ex- 
 " press their apprehension that, those members of 
 " the Council, who hold offices under the Crown, 
 " could not be expected to exercise an unbiassed 
 " judgment, on the questions vsrhich might come be- 
 " fore them." This subject vv^as discussed at several 
 of the interviews : at the 3d. the famous interview 
 which give rise to the suppressed note it was intro- 
 duced for the first time. Lord Glenelg then said, 
 according to the report " that he could see no ob- 
 " jection to enlarging the Executive Council, and 
 " that it should consequently be done ; but as to the 
 " question of calling some members of the Assembly 
 " to that Council, His Majesty wished it left open to 
 " his discretion." Accordingly they the New- 
 Broomstick delegates condescended " to leave it open 
 " to the discretion of His Majesty" We thought this 
 speech looked very brave, but on examining the 
 
 MS. AS USUAL IT IS NOT TO BE FOUND. At the 7th 
 
 interview " we informed His Lordship that on re- 
 " ference to our report of his verbal answer to the 
 " address (at the 3d interview,) we there found that 
 " we had reported His Lordship to have said, that 
 " the Council should be enlarged — and to prevent 
 " mistakes we had brought with us a copy of our 
 " report for your Lordship's correction. Lord Gle- 
 " nelg thanked us for the report, and expressed a 
 " wish that this point might remain ad referendum 
 " until Monday when he would see us again," — 
 When Monday came Lord Glenelg postponed the 
 meeting, but on the 22d returned " the original 
 " minute left with him, begging to be understood 
 " neither as affirming nor as contradicting the accu- 
 " racy of the statements contained in that document, 
 
 pRir 
 
 tha 
 
 the; 
 
 hac 
 
 whu 
 
 opii 
 
 10. 
 
 Loi 
 
 Jul 
 
 be 
 
 if 
 
47 
 
 " but only as respectfully declining to express any 
 " opinion on the subject." We cannot repeat too 
 often that this note has been suppressed and not 
 PRINTED IN THE REPORT. The rcason for this is, 
 that with a design to impose upon us poor Bluenoses 
 they make Lord Glenelg say, Sept. 14, that " he 
 had compared, with his oxen notes, our report (on 
 which eight days afterwards he would * express no 
 opinion) and found it correct." It was on Sept. 
 10. that they attempted to cram this paper down 
 Lord Glenelg's throat to make him believe that on 
 July 14, he had promised " that the Council shall 
 be enlarged." 
 
 Now mark on Sept. 5, five days before they thrust 
 this document upon him, Mr. Wilmot writes to Mr. 
 Brown from London, and his letter contains the fol- 
 lowing — " The Executive Council is not ordered to 
 " be enlarged — we are doing our best to get an 
 " admission at least, of the necessity of calling to 
 " that Council persons who are connected with the 
 " great leading interests of the Province." And yet 
 they wanted to make poor old Lord Glenelg believe 
 that every thing had been finally settled two months 
 before. Mr. Crane also wrote to Mr. Brown on 
 Sept. 6, but all that he says is, " that the government 
 " do not incline to express any decided opinion on 
 " the subject of the Councils." We suppose that it 
 is such a foul trick as this that Mr. Wilmot had in 
 view, when he says in his letter to Mr. Brown " I 
 have been bent on driving his Lordship into a corner.' 
 Be tl|at as it may, we must go on. In their remarks 
 on the draft of Lord Glenelg's despatch of Aug. 31 
 above quoted — they say — " The Assembly are de- 
 " sirous that the Executive Council should be en- 
 " larged, because, as it is now composed, a majority 
 " of its members have not the confidence of the 
 " country." Before we comment on this remark. 
 
 
 ) 
 
lir 
 
 11 
 
 i\ 
 
 
 
 
 it II ' 
 
 «( 
 
 (( 
 
 (( 
 
 (I 
 
 « 
 
 « 
 
 48 
 
 we shall observe tlmt in his second despatch Lord 
 Glenelg says " His Majesty is prepared to meet the 
 wishes of the Assembly. You will therefore, (he 
 writes to Sir A. Campbell) report to me the names 
 " of several Gentlemen whom you may think eligi- 
 ble. I am assured that there are Gentlemen of 
 fortune in the Province, who if appointed to the 
 Council, would from public motives attend to the 
 duty." No doubt the delegates had in view for 
 one, " William Crane, Esq. a ^nember for West- 
 moreland ;" Lemuel Allen Wilmot, Esq. a member 
 for York, hardly aspires to " such a getting up stairs" 
 — the object of his aspiration seems rather to be, to 
 supplant the gentleman whom in his letter to Mr. 
 Brown he familiarly styles " our friend Charley," 
 and "jump Jim Crow" without "such a getting up 
 stairs :" though we dare say the honourable delegate 
 will hardly care much what reward he gets for 
 " driving his Lordship into a corner," so that to use 
 his own expression, in his letter aforesaid he get * a 
 quid pro quo as old Humbert would say." We can- 
 not help thinking that the young gentleman is rather 
 pleasant upon the " honorable Speaker ;" and " the 
 honorable and venerable ex-member !" 
 
 ?s. 
 
 If' 
 
 Egad ! the sarvant pleasant, said, we were a motley 
 
 crew, 
 
 " Such a getting up stairs, you never did siee, 
 " You never did see, isuch a getting up stairs." 
 
 To proceed ; the delegates isS,y in their * remarks.' 
 that " the Executive Council, as now composed, 
 have not the confidence of the Conntry ? Is this 
 the first time the Assembly has expressed a want of 
 confidence in His Majesty's Council during the ex- 
 istence of the old system, when the Legislative was 
 also the Executive Council 1 Or since the introduc- 
 
49 
 
 >» 
 
 for 
 
 tion of the new system has His Majesty's Legislative 
 Council or Executive ahvays been honored with the 
 confidence of His Majesty's Loyal Commons the 
 Assembly of New-Brunswick 1 Happily there is 
 still in existence a work styled The Journals' of 
 THE House op i ssembly of New-Brunswick : 
 though there are scarcely six perfect and entire 
 copies of it to be found in the Province. A new 
 edition of it ought therefore to be printed without 
 the delay of a moment and disseminated through 
 the country, for nothing will be found so effectual a 
 check to the ambitious designs and unconstitutional 
 proceedings of the demagogues of the Assembly as 
 an extensive cii^culation of their own Journals, that 
 the people whom they attempt to gull, may see how 
 in the self same way demagogues of by- gone times 
 have attempted to gull their fathers, and how their 
 wicked ambitious attempts have been frustrated. — 
 It is to these Journals that we are going to apply in 
 order to shew that whenever His Majesty's Council 
 would not surrender up their judgment with blind 
 deference to the will of the reigning " Jim Crow" 
 of the day, be the individual whomsoever he might 
 who rejoiced to jump that famous character, or 
 whenever His Majesty's Council determined to ex- 
 ercise, as an independent branch of a British Legis- 
 lature, the power which the constitution of the 
 country vests in them, — straightway a cry has been 
 raised that they have not enjoyed the confidence of 
 the Country ! Let us go back to the last century. 
 - In 1793 the House include in the appropriatiions 
 of the year the following. " To the Justices in each 
 " County for the purpose of aiding and assisting in 
 " the education of youth in each Parish under the 
 " direction of the General Session XI each Pai^ish." 
 Now the Council cleatly saw that this grant, lik^ 
 many grants in these days, made to Justices' m Ses'* 
 
 F 
 
 I 
 
 m\ 
 
 Mi 
 
60 
 
 lit 
 
 ' '111 ' 
 
 f 
 
 \H' 
 
 1 
 
 4 
 
 %': 
 
 sion, was nothing but n little popularity money, to 
 be expended by themselves, lor they most of them 
 one way or another contrive to get made Justices, 
 to provide against the next election. The Council 
 requests a conference with the Assembly and state 
 " that they heartily ap[)rove the o>)ject of the grant, 
 " but being a new establishment and requiring nu- 
 " merous regulations to snve it etlect, recommended 
 " that it be provided for in a separate Bill :" in the 
 Assembly Journals it is said in addition to the above, 
 " because the Council are not left to decide freely 
 " on the merits of the regulations, because although 
 •' they disapproved of them they could not reject 
 " them, without at the same time rejecting every 
 " other article in the general money bill." The 
 House seeing that if any regulations are introduced 
 it would cease to be popularity money will not re- 
 tract, " because they have no confidence in the 
 Council" and the appropriations for the year 
 ARE LOST. This year Mr. R. Pagan was ' Jim Grow* 
 — in 1795, Mr. Gleniejump'd Jim Crew.' A system 
 of Petition, for all the world like John Gape and our 
 OWN Committee of Grievances, was set on foot 
 about Fees in the Courts of Justice and Public offices: 
 and about a Bill which was to be declaratory what 
 acts of Parliament are binding on the Province ; 
 and about Circuit Courts : and about a few coppeis 
 which the Governor had expended in batteries at 
 Saint John and Saint Andrews, a^nounting in all to 
 the enormous sum of J73 3s. Id. Now all this was 
 " because the House had no confidence" in His Ma- 
 jesty's Council, or His Majesty's Justices of the 
 Supreme Court, or His Majesty's Representative : 
 no nor anything above them in rank and station. 
 So they refused the Governor the coppers, and 
 wanted to make the Judges establish a sort of tra- 
 velling court, like a circus, and wild beast pavilion, 
 
 wil 
 a 
 
 she 
 trc 
 trij 
 
 ?:) 
 
 SU(| 
 
 fee 
 Inl 
 
 ab| 
 d( 
 th. 
 th 
 
 4( 
 
51 
 
 I" 
 
 
 with which they may perambulate the country, with 
 a crier ahead blowing through * Jim Crows' conk 
 shell, and ready to have it pitched whenever any 
 troublesome fellow cries out that he has a cause for 
 trial : they wanted also to take from the Judges the 
 power of saying what acts of Parliament are in 
 force, making them«'*^ves Judges ; and like their 
 successors of the present day, deprive them of their 
 fees, and make them travel at their own expence. 
 In this way Mr. Glenie "jump'd about, turned about'* 
 —till the whole country got mad and " jump'd 
 about, turned about, did just so," and had no confi- 
 dence in His Majesty's Council. So entirely had 
 the Council forfeited the confidence of the House 
 that in their wrath they thus write to Mr Knox the 
 Province agent. " In all our endeavours to obtain 
 " a due and equal administration of justice (dear 
 " hearts ! this reads almost as nice as some resolu- 
 " tions of the present day,) we have studiously 
 " avoided 6very ^ause of dispute with the Council 
 *• (oh ! yes the mcil are always wrong, always 
 " aggressors) unu it is with infinite regret that we 
 " feel ourselves under the necessity of observing to 
 " you (deputations were not in fashion in those days 
 " they adopted the cheaper, but equally efficacious 
 " mode of sending paper) that in His Majesty's Coun- 
 " cil the Legislative and judicial powers are more 
 " united than they usually have been in other Colo" 
 ** nies that exclusive of several Justices of the Common 
 " Pleas who have seats there, the Judges of the Su- 
 " preme Court (so you see Mr. Simonds was not 
 " the first * Jim' who had no confidence in the 
 '■'■ judges) constitute one third part of the Council 
 " when full, and frequently form a majority of that 
 " board when sitting in their legislative capacity ; 
 " (how wonderfully the Council enjoyed the confi- 
 " dence of the country, when the Judges were at 
 
 I'- 
 
 i! 
 
^■ii 
 
 'w 
 
 ir 
 
 If I 
 
 
 *• last excluded) and that after the repeated attempt^ 
 " which have been unsuccessfully made b^ succes- 
 " sive Houses of Assembly to have a bill passed the 
 " Coui^cil ' for regulating the times and place:** of 
 " holding the terms and sittings of the Supreme 
 " Court/ we despair of seeing Justice duly and 
 " equally administered in this Province without the 
 *' aid and interposition of our most gracious Sove- 
 " reign in this behalf "—of course either by remov- 
 ing the Judges, as was done a fe at years ago to the 
 grief and injury of the Country, or by removing the 
 officers of Government, and enlarging it as is now 
 proposed because Mr. Crane and Mr. Johnston want 
 " a getting up stairs' and all " because the country 
 have no confidence in the CouDt'jil." 
 
 We shall net dwell upon the lengthy dispute 
 which prevailed between the Council and Assembly 
 nbout the " Members yay'' during the years 1795, 6, 
 7, and 8, all arising from the want of confidence in 
 His Majesty's Council felt by the Assen'bly, because 
 the difierrint occiurrences are well known, and be- 
 nause the same individ'ial "jump'd Jim Crow" 
 throughout : except to quote a passage from a pub- 
 lished speech of Mr. Glenie's, at th© election in 
 1796. " If, says he, a vigilant opposition has ever 
 " been found necessary in the House of Coumions, 
 " it must certainly be doubly requisite here, where 
 " from the Councillors holding their seats only du- 
 " ring pleasure, and from the Judges having seats 
 " therein who are liable to be dismissed at a, mo- 
 " ment's notice, and from the Council being Execu- 
 " tlvc ?-s well as Legislative, two hraiiches of the 
 *' Legislature are in a great measure thrown into 
 " one scale :" wherefore Q, £ D. the Country have 
 confidence in the pounqil. 
 
 W9 sh^ll paa« oil to l&JO, without noticing several 
 o^cm'-i'Q^io^ in the i&^ririQdi^te period. In thiit 
 
 Tl 
 bil 
 
 d( 
 01 
 
 \\ 
 
53 
 
 /• ^ 
 
 year a long discussion took place between the 
 Council and Assembly on the " Small debt" bill. — 
 The Council, proposed some amendments to the 
 bill passed by the House, and to use Mr. Wilmot's 
 phrase, had got the Assembly " into a corner :" after 
 5» great resistance they send up the Bill with a reso- 
 hition, and to shew that " the Honse have no coonfi- 
 dence in the Council" send their message by only 
 one member ; upon which the Council sent it and 
 the resolution, back again. The next day the Bill 
 is sent up stairs in the usual wp.y — but the House 
 have expressed, in a very significant manner, that 
 itiey have no conhdence in the Council. 
 
 In 1817, some petitions were sent up from Char- 
 lotte county against the Crown reserves in that and 
 other counties ; and Regain in 1818 and 19. In 1819, 
 the subject was taken up by the House at full length, 
 who appointed a committee to examine into the 
 matter and report. Of course they find abundant 
 ground for having " no confidence in the Land De- 
 partment" and resolve that a humble address should 
 be present'^d to the Prince Regent praying that the 
 reserves be taken off. They also request the Council 
 to join them in th ■» address. The Council, however, 
 rasolve that they cannot join the Assembly in the 
 proposed address, being of opinion, no doubt, that 
 there was land enough in the country for every 
 body and fo • all sorts of purposes — K)f course the 
 House and country have no confidence in the Council. 
 
 In the next year, Feb. 22, the story of an address 
 to the Prince Regent was revived, but having no 
 oonfidenoe^ in the Council, the House do not invite 
 them to join in it The address was transmiited by 
 the Governor to the Secretary of State, whose 
 ^s^vtr6r was: sent to the House P'eb. 7, 1S31. At 
 \&^ XiOrd BatliuFftt's final answer dated May 31, 
 1831, is sent down Feb. 27, 1822, in which he says 
 
 r- 
 
 f'i 
 
 I 
 
 I'. 
 
 f',V 
 
64 
 
 I 
 
 
 i; 
 
 m 
 
 " His Majesty does not feel that he can accede to 
 " the wishes of the Assembly, or generally abaridon 
 '* the Reserves for the purpose of allotting them to 
 " settlers, without much risk of future public incon- 
 " venience." So after a protracted discussion of 
 five years a question is settled, which need never 
 have been agitated, if the House had had any confi- 
 dence in His Majesty's Council, or the Land De- 
 partment. 
 
 In 1819, March 8, the House vote an address to 
 the Governor, stating " that they have learnt, with 
 *♦ surprise and regret, that bonds are taken at the 
 " Land ^itice for one shilling per ton on all licences 
 " to cut and manufacture Pine Timber, which 
 " measure must prove highly injurious, and if per- 
 " sisted in ruinous to the timber trade, and praying 
 " him to inform the House if any recent instructions 
 *♦ have been received from His Majesty's Ministers, 
 " requiring such bonds to be taken, and to what 
 " purposes the large sums arising therefrom are to 
 " be appropriated.'" The answer of the Governor 
 sent down March 11, states that " in consequence 
 ** of representations made to Government, of the 
 " great and unwarrantable destruction in His Ma- 
 '♦jesty's woods, positive orders had been issued 
 " forbidding any licence to be granted for cutting 
 " timber, but under the sanction of the Governor — 
 " which orders he communicated to the Council ; 
 " who after deliberate consideration, arranged and 
 " recommended a system, which in their opinion 
 *' might effectually prevent the recurrence of similar 
 *♦ mischief in future. The shilling per ton forms 
 " part of that system, which has been transmitted 
 " for the consideration of His Majesty, and bonds 
 ** have been taken to secure the payment of that 
 ** sum, in case it should eventually be demanded." 
 Of course the House have no confidence in the 
 
 &( 
 8tr 
 
 the 
 
 Tl 
 
 tei 
 
65 
 
 CouDcil, such a thing wa3 not to be expected in the 
 course of nature. A ccordingly they denounce the 
 Pleasure, as they do every thing else, " as injurious, 
 not contemplated by His Majesty's Instructions" 
 &c. &c. For thus " animadverting in terms of 
 strong reprobation upon the conduct of His Majes- 
 ty's Executive Government," they get a rap over 
 the knuckles from the Governor, and are dissolved. 
 This strong measure if it failed of inspiring them 
 with confidence, succeeded in impressing them v^ith 
 dread o^ His Majesty's Council, for in 1S20 the mat- 
 ter w^as not mentioned. But March 6, 1821, Mr. 
 Agnew moves, whereas the House have no confi- 
 dence in His Majesty's Council, and " great anxiety 
 " prevails throughout the country, with regard to 
 " the Bonds for the shilling duty — " an address to 
 *' the Governor be presented praying him to inform 
 " the House whether any instructions have been 
 ** received, and whether it is the intention of His 
 " Majesty's Government to enforce the bonds." — 
 The answer wm that no instructions had then been 
 received : but in answer to another address, the 
 Governor promises " to recommend to the favoura- 
 " ble consideration of His Majesty's Ministers the 
 " cancelling of the bonds." The subject is revived 
 in 1822, and an extract of a despatch from Mr. 
 Goulburn is sent down, from which it appears that 
 " Lord Bathurst is desirous of receiving a statement 
 " of the total amount of the bonds in question."— 
 The House having no confidence in the Executive 
 ask for the amount of the bonds, and the Governor 
 answers that " the matter being under the conside- 
 " ration of His Majesty's Ministers he cannot comply 
 " with their request." Then the House as usual 
 having no confidence in the Executive resolve to 
 address his Majesty. After this another order issues 
 from the Land office which occasions a further want 
 
56 
 
 ,! 
 
 ' ' 
 
 
 ;.ii' 
 
 il 
 
 of confidence — the duty is ordered to be paid before 
 the Licence is granted. Straightway an address is 
 moved to the Governor, w^ho replies that this has 
 beer, done *• under new regulations adopted in 
 Council." The address to the King having been 
 passed, they pray the Governor to ti ansmit it, be 
 replies-^" notwithstanding I consider the address as 
 " irregular, not having received the sanction of the 
 " Council, I shall transmit it, but I shall consider it 
 " my duty to accompany it with my own observa- 
 ** tions, and those of His Majesty's Council." Lord 
 Bathurst's answer dated July 6, 1822 was sent 
 March 20, 1.823 — " I shall recommend the docu- 
 ** ments to the immediate consideration of the Trea- 
 " sury — I concur generally in the opinions stated in 
 ** the report of the Council." Here was the end of 
 this long ditty. 
 
 In 1831 we have a very striking instance of want 
 of confidence in His Majesty's Council) with respect 
 to the Dissenter's Marriage Bill. We shall leave 
 the House to describie the matters in their own 
 words, in their petition to the King. " Your Majes- 
 " ty's faithful Commons have for several years in 
 " succession passed a bill to extend the privilege of 
 " celebrating marriage to Dissenting Clergy, but for 
 " reasons unknown to your Petitioners such bills 
 " have not been concurred in by the other branch 
 " of the Legislature. Your faithful Commons, 
 " therefore, pray that your Majesty will be pleased 
 " to give instructions to the Adniinistrator of the 
 " Government to recommend the Legislature to pass 
 " such Bill as he may deem proper to obtain your 
 " Royal sanction. Or otherwise, as your Majesty may 
 " deem meet." This is rich and good ! what a wflAit 
 of confidence in His Majesty's Council! how Obtt*' 
 sistent too ! Upon what ground is iti that the hcdd<^ 
 ers of office under the Crown ate in future not to 
 
 be 
 
 roo 
 
 Oh 
 
 « t( 
 " ti 
 
 hoi 
 
 it 
 
i^ 
 
 in 
 
 be admitted into the Lesfislative Council ? Is it that 
 room may be left for Mr. Crane and Mr. Johnston 1 
 Oh I no. It is because " they could not be expected 
 " to exercise an unbiassed judgment on the ques- 
 " tions which come before them :" because their 
 holding office " tends to detract from " its weight 
 " as an independent branch of the Colonial Legis- 
 " lature." These are the reasons assigned by Lord 
 Glenelor and vet here we have an instance, and this 
 not a solitary one, another is to be found in this very 
 article, of the Assembly influenced by their want of 
 confidence in His Majesty's Council, actually calling 
 upon His Majesty to assist them in annihilating the 
 independence of the Council, and in making them 
 what they are not, pnd by the constitution are in- 
 tended not to be — tht mere servants of the Crown. 
 Since this period several instances of a want of 
 confidence have occurred, but we stop here, because 
 we wish to confine our investigatioa to the period 
 which was anterior to the division of the Councils* 
 We might have enlarged the number of instances 
 " of want of confidence," if we had a complete set 
 of Assembly Journals. For want of the Journals for 
 certain years, we have been obliged to pass over 
 several interesting occurrences, and confine ourselves 
 to those which, with our imperfect materials, we 
 could trace throughout. For ourselves, we must 
 candidly admit that our confidence in His Majesty's 
 Council was never shaken till the late Session : we 
 then had an instance of how difficult it is, for a 
 Council however composed to maintain its ground 
 against both the Minister and the popular branch of 
 the Legislature. Convinced as we are of this, the 
 more do we admire tho virtue and moral courage of 
 that Individual who under 6 conviction that he was 
 right in so doing, bbldly opposed himself to the Mi- 
 1 ister, the Council, the Assembly, . and the whole 
 power of the Democracy. 
 
 I 
 
 mi 
 
 \ / 
 
 / 
 
I 
 
 1 "i ! 
 
 iiy.i. 
 
 IM 
 
 1^ 1 
 
 If 
 
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 4( 
 
 tt 
 
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 58 
 
 The course of our review of this document has 
 brougkc us to Lord Glenelg s No; 5> viz : the terms 
 On which " His Majesty has been graciously pleased 
 " to consent to the surrender to the Assembly the 
 "Revenue at the disposal of the Crown, from whatever 
 *' source derived, including the payments of the 
 " Nova-Scotia and New-Brunswick Land Company, 
 •• in return for a Civil List. 1st, the Appropriation 
 "of the Assembly is to be exercised, not over the 
 " gross, but over the net amount : 2nd, the esta- 
 •* blished usages of the House of Commons, with 
 regard to the appropriations of the surplus of the 
 Consolidated Fund shall be assumed by the As^ 
 sembly. The amount of the Ci'^il List is to be 
 414,000 sterling." Two of these jjartieulars can 
 be qwickly discussed. 
 '; It appears that the Delegat.es tried very hard to 
 get^ the amount reducedr and after a few additions 
 i)ti24 subtractions had been proposed and acceded to, 
 it 'ivas finally fixed at 414,500 currency. To justify 
 their having agreed to so large a sum Mr. Wilmot 
 m, his letter to Mr. Brown writes—" they have a 
 " large sum of money which we wish to get, and if 
 " we give theiii a little more than we think they 
 " ought to have — we must consider it a quidpro quo- 
 " as old, Humbert \¥Ould say, — a small price for a 
 OR&AT INCREASE w POWER." !! They tried hard to 
 persuade Lord Glenelg, tliat the sum proposed by 
 Lord Stanley was stated in currency, : but in thi^ 
 lettei?, Mr. Wilmot writes, " we. found o»arselve» in 
 " a great mistake about Mr. Stanley's £14,000 being 
 " currency — Mr. Crdm ought to hcweknotcn better'^ 
 " however so it i»»" They sueceeded, however, iaii 
 keepix^g Lord Gleigelg in the daa*k as to the rate of 
 the dollar, never giy)ja& him to understand that most 
 of tho) charges are pcud at the rate of 4s. 4d. sterling. 
 Id. addition to the proof of this in. our former articks 
 
m 
 
 — in his letter to Mr Bi<own, Mr. Wi!mot re|)eitts 
 his observation on Lord Glenelg's despatch p j>0 of 
 the report, " that the charges being £18,393 sto. 
 £15,000 currency, would leavp ^ surplus of £119 : 
 £13,393 3tg. in dollars at 4s. GA. is £H881 currency, 
 and does leave a. surplus of £119. Having aliteady 
 designated this part of the business as fraudi^ilent, 
 we need say no more about it now, but proceed to 
 the s0pond qualification. >3u.>.,4 litti r 
 
 But before we can, with proper eflfect, tiring th^' 
 part of the play before oijr readers, we shall have 
 to call their attention to a few facts and fibres as 
 Mr, Wilmot says. We mean to point out the evils 
 which attend the mode of appropriation at present 
 in use in our Legislature, and then the superiority 
 of that, the adoption of which. His Majes^ makes 
 the second qualification on which he consents to 
 surrender the Crown Revenues. In order to this, 
 we have collected all the appropriations of the last 
 session, and arranged them under different heads, in 
 order to shew the amount granted for each par^iGU- 
 lar branch of the public service ! We wish to notice 
 one fact, which is, that the expences of the Legislature 
 are one seventh part of the whole Revenue of the Pro- 
 vince, and actually amount to TEN THOUSANP 
 FIVE HUNDRED POUNDS \\\ 
 
 jaanT ss«iwil*i 
 
 % •'(1 \m 
 
 
 of'r-"- 
 
 ■a '..: i 
 
 J" 
 
 .J <- t's; 
 
 . 4W iii-I') i.A 
 
 .U.J 
 
 
 .■.|«U.1S|.>)5*J'J 
 
 n> J. 
 
 
 4,"** 
 
 a 
 
 ■.f • ■ 
 
 ; 
 
60 
 
 1 ■ 
 
 "i t 
 
 APPROPRIATIONS MADE DURING THE LAST SES- 
 ,, SION OF THE PROVINCIAL LEGISLATURE. 
 
 BcBEDDLsA. LEGISLATURE, 
 
 The Speaker, C. Simonda, Esq. 
 32 Memben, 72 days, 15«. per day each, 
 2 Chaplaiiiii, Ref. u. Comer and ^ Somerville, £25 each, 
 2 Sergeants at Arms. Joiiell ^ Clopper, 72 daya, 20t. 
 2 Clerka Peters & Weliiiore, 
 
 2 Clerk.<* aosiatiint, Gregory & Lee, 
 
 3 Door Keepers, Watta, Brannen &, Harned, 12a. 6d. 
 5 Mes!*engeri>, Payne, Brniinea, Biggs, Parker, Brannan, jr. lOi. 
 1 Mantor III Chancery, Putnam <& Miller, 
 ] Hall Keeper. Wutts, 
 
 1 Chairinaii ofCoininittee of Acconnts, Partelo , 
 Sheriffs of York and Westmoreland, Tor holding Iilleotidns, 
 
 2 Deputies to England, (?rane & Wilmot, 
 Cpatiogeut Kxpencea of the Session, Council, 
 
 „ House, 
 
 t'S- 
 
 Printing. Simpson, 
 
 ■ f» 
 
 
 »» M 
 
 ^t Wot- <» 
 
 Journals, 
 do. 
 do. 
 
 Laws, 
 
 do. 
 
 Advertising in Royal Gazette, do. i 
 
 Making ludex to Laws, Gregory, 
 
 „ „ Berton, 
 
 „ Journals, Wetmore, 
 
 Binding Laws, 
 
 Fitting (ip and enlarging the House or Assembly, 
 „ Council Chamber, 
 
 'Wo ^''*- 
 
 540 1 
 1499 
 
 5 
 7 
 
 225 1 
 275 
 150 
 
 1 
 
 
 
 504 10 
 150 
 
 
 
 
 10 
 150 
 175 
 
 
 
 
 
 722 17 
 500 
 
 6 
 
 
 SchedpleB. REVE^VE., 
 
 Province Treasurer, late R. Simonds, 210 
 
 B. Robinson, 390 
 
 do. 
 do. 
 do* 
 
 for Clerk Whiteside, for 1836, 200 
 
 do. do. 50 
 
 do. from Jan. to May 1836, 88 16 4 
 
 do* Messenger Humbert, 
 
 Contingencies Simonds, to May 75 7 10 
 
 Robinson, from May, 64 15 
 
 Tide Waiter Abrams, 91 5 
 Surveyor & GuagerChaloner, S25 
 
 Tide Surveyor & Guager at St. Andrew's, Jack, 
 
 West Isles, Jouett, • 
 
 Miramichi, t 
 
 0ab Collector Bathurst &, Restigouche, 
 
 150 
 
 
 
 1950 19 
 
 6 
 
 50 
 
 
 
 144 
 
 
 
 400 
 
 
 
 200 
 
 
 
 135 
 
 
 
 175 
 
 
 
 40 
 
 
 
 10 
 
 
 
 150 
 
 
 
 50 
 
 
 
 1850 
 
 
 
 9089 11 
 
 
 
 680 1 
 
 1 
 
 654 10 
 
 Q 
 
 135 2 
 
 
 
 335 
 
 
 
 85 
 
 
 
 1222 17 6 
 £10,457 1 1 
 
 600 
 
 338 16 4 
 150 
 
 140 2 10 
 
 316 5 
 
 174 
 
 152 1 6 
 
 80 13 3 
 
 40 Q 
 
 I 
 
61 
 
 Woodstock, DiLblee, 
 Vote of credit Tor prutectigti of the Revenue, 
 
 7 JO (I 
 500 
 
 Czclufive of Commiwiou to the Deputy Treuiirer, nay £1000 £2,499 8 11 
 
 J 
 
 ScHtooLC C. LIGHT HOUSES. 
 
 Keeper of Gannet Rock, 165, P. Lepreaux A, Thrum Cap, 100 ea. 365 
 
 Contingencies, ' 
 
 Campo Bello, 120, Machias Seal In. 130, St. Andrews, 30, 
 
 Contingencies, 
 Ptirtridffe Island &. Beacon, 100 each, Contitigeacies, 200, 
 Cape Sable, 200, Brier lalnnd, 100. 
 L. Donaldton,for aeroices hWterto rendered by the reduction on 
 eotuumption of OH, 8f tlie improved construction of the Lanterns, 
 
 500 
 
 280 
 
 600 
 
 400 
 
 300 
 
 50 
 £2,395 
 
 ScHiDULB D. PACKETS & COURIERS. 
 Digby Mail, Whitney, 
 
 Courier, Hopewell &; Westmoreland Road, 
 Cr , . ^ ihie Bathurst & Shippegan, tri. . (, ,» 
 
 St. Martin's and St. John, e*s'/- r 
 Gagetown and Nerepis Road, ; 
 Pockinouche & Miramichi, 
 Fredericton & Newcastle, i,m ts. , j^c^ 
 do. do. per annum, 
 
 
 -I 
 
 of** 
 
 Coach, 
 
 Removing snow drifts on Nerepis Road, 
 
 *?■■■■■ 
 
 ' ScBEDULK E. LAW SALARIES. 
 
 H. M. Attorney General, Hon. C. J. Peters, 
 " Solicitor General, Hon. G. F. Street, 
 Clerk of the Crown, C. S. Putnam, 
 Usher of Supreme Court, Watts, 
 
 
 ii '"' ■' #■ - ■ 
 
 i' ScHiDOLE F. EDUCATi;ON. 
 
 Parish Schools, vote of credit for ".*•;• 
 Grammar Schools, St. John, - ' - 150 
 dp. Westmoreland, King's, Kent, Queen's, 
 "'(< Charlotte, Northumberland, 
 Gloucester, 100 each, «•-..*;, „t i . 700 
 do. Newcastle, - r. ., - 50 
 
 
 :;5fc; 
 
 Madras Schools, . . 
 
 Baptist Seminary, Fredericton, 
 Catholic School, St. John, 
 Free School, ** 
 
 %r. 
 
 150 
 
 
 
 
 
 40 
 
 
 
 
 
 30 
 
 
 
 
 
 30 
 
 
 
 
 
 30 
 
 
 
 
 
 50 
 
 
 
 
 
 100 
 
 
 
 
 
 100 
 
 
 
 
 
 10 
 
 
 
 
 
 ^540 
 
 100 
 
 50 
 
 100 ' 
 
 10 
 
 <£260 Q 
 
 7,000 
 
 ? *' . . i 
 
 - 900 
 
 f ^ 
 
 - 500 
 
 ii/i ,■ , 
 
 500 
 
 ' - ' 
 
 - 100 
 
 - 
 
 100 Q Q 
 
 'IJ 
 
r 
 
 Vi 
 
 
 
 
 « 
 
 Infant School, " - . - -26 
 
 
 
 
 
 
 ' 
 
 Girls ffee School, Fredericton, • - - JBO 
 
 
 
 a 
 
 
 
 Rebuilding Little Harbour Sphool House, Gloucester, 15 
 
 
 
 
 
 n 
 
 
 Elizabeth Briscoe, 10, Josiah Freeze, 20, - 30 
 
 
 
 
 
 • 
 
 David Lynch, 10, Thomas Crawford, 15, - • 25 
 Samuel Walter, 20, Matthew Oamttk£rs, 16 13 4, 36 
 
 
 
 
 
 
 
 13 
 
 4 
 
 p 
 
 
 John A."Boyce, 20, Michael M'Girr 20, - - 40 
 
 
 
 
 
 S( 
 
 
 David Sadler, 10, Hannah Rodgers, 10, Wm. Babb, 10, 30 
 
 
 
 
 
 p 
 
 
 William Brannan, 20, Jane Danford, 20, 40 
 
 
 
 
 
 
 ' 
 
 James F. Kelly, 20, Jaw Davidton, 10, - • 30 
 
 
 
 % 
 
 
 
 
 -.! » 
 
 r'' 
 
 ;4l 
 
 
 \ 1 
 
 I I 
 
 ; ScKEDVLB G. PUBLIC BUILDINGS. 
 
 Goveruroent House for Repairs, 
 House of Correction at St. John, 
 Gaol at Fredericton, . . 
 
 *• Bathurst, - - , - - 
 Breakwater at Saint John, 
 Wharf at Bay de Verte, - 
 
 •« Falls, St J^ohn, 
 
 '♦• Gageto^vn, >:"^: 
 
 Emi^ant Building at Patridge Island, 
 
 ScHEDOLB^. MILITIA & DESERTERS, 
 
 liu^cting Field Officers, Lt. Cols. Turner &, Allen, SOO ea. 
 Adjutant General, „ Shur^, 
 
 Quariter Ijlaater General Major Qkdiagher, 
 Adjutants &. Sergeant Majors, 15 ^7 10 ^cb. 
 Deserters. Vote of Credit, ' - ' r 
 
 <^9991 13 4 
 
 1000 
 
 
 
 
 
 . 1000 
 
 « 
 
 
 
 500 
 
 
 
 
 
 300 
 
 
 
 e 
 
 50Q 
 
 
 
 
 
 50 
 
 
 
 
 
 - 12 
 
 1 
 
 
 
 • 30 
 
 
 
 
 
 • 250 
 
 
 
 
 
 JieS643 1 
 
 , fn.jM''?'' 
 
 tj 
 
 li9!7^ O: 
 
 ScpcDULEl. CHARITABLE PURPOSES. 
 
 Widows M^Roe 20, Banks 20, Kennedy 10, Rickets, 10, 
 "* ^*eardy 10, Lugrin 25, Baird 10. Cleary 20, 
 Charity, Williams 10, Wio. M'ltadfte 20, 
 
 S«ldi«rs, Whi|<iliead 20, M'Fee 10, Lyon 1|, iUR^«rcy)4 IQ, 
 " Harley 10, Sinnet 10^ M'Donald 10, Bmc^ 10, 
 " Baldwin 10, Dunlop 10, Akerman It), FTihtlO, 
 " Bonnell 10, Fergowm 10, Tinrner lO, Dati^tisoa 10, 
 " Madget 10, Groom 10, Adams 10, CUtHn lO, 
 
 Keech 10, NiNiersoD 10, M'Kenzie 10, ^/^ V\ 
 " Kennedy 10, Van 10, 
 
 Suiferjers by Great Fire at St. John, 
 
 " by failure of t^rops in Gloucester, 400 
 
 '* Kent, Westmorland & Carleton, 300 ea. 900 
 " Northumberland 250, King's 150. 400. 
 
 '' York, Q,ueeu'8,Snnbnry,CI)arloUe 100 08.400 
 
 60 
 
 
 
 
 
 65 
 
 
 
 
 
 a» 
 
 e 
 
 
 
 ¥> 
 
 4) 
 
 
 
 t%\\. 
 
 40 
 
 
 
 
 
 it 
 
 a 
 
 
 
 IMO 
 
 ? 
 
 
 
 
 0. 
 
 
 K 
 
 ■ • 
 
 1 
 
 M^. 
 
 3,525 q 
 
 ,H.^»^: i"..^*""*^ 
 
13 
 
 4 
 
 e 
 
 
 
 
 
 
 
 
 
 
 
 
 
 % 
 
 t3 
 
 4 
 
 
 
 
 
 d 
 
 
 
 
 
 
 
 
 
 e 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 63 • ' 
 
 ScjiKouLR K. RELIGIOUS PURPOSE. ' • 
 
 Roman Catholic Missionary to Indians, . • 50 
 
 ScHEDULK L. RELIEF TO SHIPWRECKED MARINERS. 
 
 Paul's Island, Abrams, - - - 50 
 
 Seal Islanils, Crowell, - . - 20 
 
 Paul's Island Gommisflioners, • . - 170 12 
 
 
 
 4 
 
 de240 12 4 
 
 8CMMHH.E M. ROADS •& BRIDGES. 
 
 Chteat Roads. 
 Newcastle to Restigoucbe, 
 St. John " Nova Scotia Line, 
 i •* " St. Andrew's, 
 
 " " Fredericton, (Norepis) 
 
 Netepis- " CTagetown, 
 Poi'chester Shediac, 
 ?end " •• - 
 Hichibucto " 
 
 " Chatham, 
 Fredericton Finger Board, 
 St. John " Btelfisle, 
 Fredericton Newcastle, 
 
 " " Canada Line, 
 ^ " " St. Andrew's (Connick's) 
 Woodstock Houlton, • - - " 
 Connick's " St Stephen's Bridge, 
 St. John " Hopewell, 
 Loch Lomond Sussex Vale, 
 Oomocto" Gagetown, 
 
 t ! 
 
 Bye Roads, 
 SunbuTv, 
 York, . 
 
 "'STestmoreland, - < 
 King's, - : • 
 
 Carleton, 
 Charlotte^ 
 NbrthumWland, 
 St. J|^h% 
 
 Queen's, ' - 
 
 €Houcest*r, ^^iiJ* 
 
 Kent, 
 
 X2,750 
 
 1,800 
 
 1,250 
 
 800 
 
 200 
 
 175 
 
 - 200 
 900 
 
 • 450 
 600 
 
 - 125 
 3,500 
 2,000 
 
 - 150 
 250 
 150 
 
 • 200 
 200 
 
 - 150 
 
 ' M a f^ 
 
 
 775 
 1,400 
 1,600 
 1,500 
 1,400 
 1,550 
 1,475 
 1,100 
 1,300 
 1,125 
 
 900 
 
 ©ape Enrage fo Salmon River, 
 We8tl.«^*i3, 
 
 aU 
 
 
 10 
 25 
 
 
 ;r 
 3 
 
 -15,800 (T 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ■I 
 
 1- 
 
 ^>«xyK*JS 
 
 
 
 
 14,125 
 
 35 
 
m 
 
 n; 
 
 [|;, 
 
 i: ! 
 
 ' i > 
 
 ' I 
 
 
 64 
 
 Exphratiana. 
 Jemseg to Salmon liivoi*, 
 Woodstock to Oak Bay, 
 Fredericton to St. Andrew's, 
 Nerepis to Magagaudavic, 
 M'Lauclilin Road to Richtbucto, 
 
 a 
 
 k,,m 
 
 IJ 
 
 200 
 
 850 
 
 25 
 
 100 
 
 
 
 
 
 
 6 
 
 
 
 
 
 \:^^ vj^i. 
 
 Street. Union in St. John, 
 
 Damages, for Land on Great Road to Canada, 
 
 586 
 500 
 540 
 
 
 
 
 6 
 
 
 
 SCHEDULK N. 
 
 IMPROVEMENT OF RIVERS. 
 
 Tobiqiie 600, Si. Croix und Ma(r<i:.i{iiadHvio75, 
 MirHmichi, UpsiHlqiiitch & Hainiii<tn(i, 100, 
 Tantnmur 150, Buthurst Harbour 300, 
 Dredging Machine, ^ 
 
 Exploration— St. John 50, Grand Lakk, 17 
 
 16 4. 
 
 31,586 2 6 
 
 750 
 
 300 
 
 450 
 
 750 
 
 67 16 4 
 
 2,317 16 4 
 
 ScHEDCLi: O. DRAWBACKS & BOUNTIES. 
 
 Destruction of Bears, (Vole of Credit) 
 
 Passenger money returned Clnike, iJO 19 2, Feneron, 25 17 6, 
 Wilson. 11 12 6. Rankin, S 13 4. MCttnnon, 32 8 4, 
 Rankin, 29 14 2, Barlow. 26 11 8, 
 
 Wine & Flour for Troopn, 43d. llegl. 144 14 7, Flaherty, 15, 
 Hay at Mirainichi, Cunard, 
 
 Light Money, Royal Tar, Hammond,3d Jl 0, do. 25 16 0, 
 Oat Mill, Moran, 
 
 Steam Engine imported, JVhitney, 
 Funi es ported, (jilinnur, 7 19 0, Chipman, 29, 
 
 ooods i a transitu, Gray, . • • 
 
 300 
 46 10 
 52 14 
 56 5 
 
 159 14 
 46 12 
 64 7 
 50 
 
 212 17 
 
 36 id 
 
 6 5 
 
 
 8 
 2 
 10 
 7 
 
 
 
 4 
 
 
 
 Duties returned on Goods destioyed in the Great Fire, 1.032 11 7 
 
 Hanimnnd 877 16 8, Street & Ranney 604 12 I, Wiggins 16 17 4, 1.499 6 I 
 Robert8on&Hatlnn210 17 7,Walker34315 2,CrooksliankA4d6, 509 1 3 
 
 TUton 120 7 9, MLaiichlin 41 5 2, Leavitt 2 14 0, . 164 6 11 
 
 Holman 4 7 6, Cock 4 2 6, Knowles 12 11, 9 12 11 
 
 Hanford 15. Chadwick24 4 2, Potter 20 9, 59 4 11 
 
 Scammell 29 2 0, Harris 8 15 6. Scammell 9 6 0, 47 3 6 
 
 Burns 8 17 0. Greenwood 10 19 6, M'Conkey 3 9 3, 23 5 9 
 
 Nicholson 1 19 11. Robertson 14 12 7, Keator 22 17 0, 39 9 6 
 
 Kinnear 54 1 7, Thorne 15 5 ?, Broad 27 8 6, 96 15 2 
 
 £3,580 
 
 ScHKBDLE P. EMIGRANTS, BLACKS, & LUNATICS. 
 Emigrants. Fredericton Alms House Commissioners, 15 
 
 
 «< 
 
 Blacks. 
 
 St. Andrew's Commissioners, 
 Justices of St. John, 
 Ditto for Portland, 
 St. George's Overseers, 
 Justices of St. John, 
 
 lay 
 
 443 
 1,218 
 
 217 
 ■ 64 
 
 -67 
 
 9 
 
 4 
 19 
 2 
 9 
 
 
 
 9 
 
 3 
 2 
 
 « / 
 
 Lui 
 
 f - •■.l-':*''»,tm!,' 
 
 
•i 
 
 e 
 
 
 
 
 
 
 
 
 4 
 
 
 4 
 
 
 
 .; 
 
 #5, 
 
 Lunatics. Muiatonance ut', 
 
 Coiumissioners for Asylum, 
 
 Schedule Q. MISCELLANIES. 
 
 Fire IiiBurance Company Interest, 
 
 Vaccine Institution, J. Boyd, M. D. , 
 
 Civility Money to Matthew Brannen, 
 
 Alexander Weddurburn for his Statistics, 
 
 Col. Allen, Wyer & others, expencks of Excursion 
 
 TO Granp Manan, .... 
 
 Apprehending Dempsey, 
 Woodstocif Couch Company, Col. KetchutD, 
 Delef?ate9, for Cattle imported by • 
 
 Province Agent, Mr Bliss, 200 stg. 
 Reuben Styles, Deputy Surveyor, 
 
 Appropriations made in 1837 arranged under different 
 
 SCHCDULE. OBJECT. NOT CONCURRED IN 
 
 . COO 
 - oO 
 
 ^2,G96 4 11 
 
 600 
 
 20 
 
 15 
 
 100 
 
 105 13 2 
 
 1J2 2 6 
 
 175 
 
 960 12 2 
 
 240 
 
 14 
 
 £2,342 7 10 
 
 heads. 
 
 A. Legislature, 
 
 B. Revenue, 
 
 C. Light Houses, 
 
 D. Packets and Couriers, 
 
 E. Law Salaries, 
 
 F. Education, 
 
 G. Public Buildings, 
 H. Militia & Deserters, 
 L Charitable purposes, 
 K. Religious purpose, 
 
 L. Relief of Shipwreck'd Mariners, 
 
 M. Roads and Bridges, 
 
 N. Improvement of Rivers, •"* 
 
 O. Drawbacks & Bounties, 
 
 P. Emigrants, Blacks and Lunatics, 
 
 Q. Miscellanies, 
 
 Inserted in the Contingent Bill, 
 
 BY TH£ COUNCIL. 
 
 50 
 
 651 13 4 
 
 600 
 
 67 
 
 346 
 
 105 
 
 
 
 16 
 
 4 
 
 £10,457 
 
 2.499 
 
 2,395 
 
 510 
 
 260 
 
 9,391 
 
 3,642 
 
 1,277 
 
 3,525 
 
 50 
 
 240 
 
 31.586 
 
 2,317 
 
 3,580 
 
 2,696 
 
 2,342 
 
 1 1 
 
 8 11 
 
 0' 
 
 
 13 
 
 1 
 10 
 
 
 
 
 12 
 
 2 
 16 
 17 
 
 £1,721 
 173 
 
 7 
 9 6 
 
 
 4 
 
 
 
 
 4 
 6 
 4 
 7 
 
 4 U 
 
 7 10 
 
 £76,801 15 10 
 1,547 17 6 
 
 £75,253 18 4 
 Total of Appropriations made by the Legislature 
 
 in the Session of 1837, £75,253 18 4. 
 The 14 items in Italics were those rejected by the Conncil, the 3 in small capi. 
 
 those which, aller having been rejected by the Council, were inserted in tfav 
 
 Contingent Bill of the Aesembljr. 
 
 H 
 
 
 
 
 3 
 2 
 
 H 
 
^f. 
 
 66 
 
 111 
 
 li 
 
 W\ 
 
 
 
 i 
 
 i 
 
 REMARKS ON THE APPROPRIATIONS OF THE LAST 
 
 SESSION. 
 
 Schedule A.- — Legislature. 
 
 Speaker and Members, «£2,100 19s. 6d. — This 
 item is monstrous ; tvv3 years ago the whole expense 
 of the Legislature, Council and Assembly, Officers, 
 Contingencies, &c. &c. wrs only ^3,267 ! what an 
 increase in so short a time ! It may, perhaps, be 
 said that it is owing to the unprecedented length of 
 the Session : ])ut was that length of Session neces- 
 sary 1 certainly not : and if the members were now 
 paid as they used to be, and if paid at all, as they 
 ought to be, they would have found a way to shorten 
 it ; all the necessary business of the Country, did not 
 occupy thirty da;;, 3. But when they are paid fifteen 
 shillings a day, sit as long as they choose, can we 
 wonder at their making a long sitting of it, when 
 most of them could not earn half the money at any 
 other business. Before we have done we will point 
 out a way in which the business mav be transacted in 
 half the usual time, and if bv that means two or 
 three thousand pounds can be saved, the suggestion 
 must be worth consideration. 
 
 Chairman of Committee of Accounts, .£150, — 
 This is a grant objectionable upon principle. The 
 duty performed by Mr. Partelow, during the recess 
 IB trifling ; and certainly fifteen shillings a day is 
 compensation enough for his services during the 
 session, particularly as he holds a public office, for 
 the duties of which he is well paid. Besides in 1835 
 the sum allowed was only £100, which most people 
 considered as far too much : last year the same sum 
 was allowed, with an additional .£50 for auditing the 
 late Attorne' General's accounts. This year because 
 he made himself very busy and useful in drafting 
 resoiuiions, preparing the Delegates report for pre- 
 sentation to the House, and for the Press, framing 
 
 C 
 
 le 
 
LAST 
 
 ^7 
 
 and moving addresses, 5&c. they made the grant 415j0 
 though no extra accounts were audited ! The 
 Council would have looked at this, but from dread, 
 lest it should have produced a scene ! 
 
 Deputation to England, Messrs. Crane & Wil- 
 MOT, Xl,850. — How the Council can justify their 
 concurrence in this resolution, passes the compre- 
 hension oi every body. And why was part of ]\Jr. 
 Cunard's protest expunged ? Can any thing be 
 conceived more monstrous than giving X500 a piece 
 to these two delegates above their expences l ReaUy 
 what with £2,100 for their days' pay and travel 
 X500 to one, £500 to another, £150 to a third, and 
 £200 to a fourth, &c. the wonder is, that there was 
 any thing left at all for any public purposes ! 
 
 Contingent Bill, Council £540 Is. 6d., Assembly^ 
 £1,499 9s. 7d. — This is really tremendous ! In 1814 
 the Council Bill was £247 8s. Id. and then Mr. Si- 
 monds moved that it should not be allowed, the 
 House not having been furnished with the particulars, 
 and it being greater in amount than at any former 
 period. This year the Council stationary is charged 
 £190 18s. lid., and the whole bill is more than 
 double the amount of the Bill of 1834 : while that of 
 the Assembly is six times as much. Surely when 
 the Members of Assembly are making such an outcry 
 about accounts being presented in gross and not in 
 detail, about vouchers being withheld, and about 
 mystery and concealment ; it does not look well, 
 especially when the Council give a bill of particu- 
 lars, to see them putting in a lumping charge of 
 £1500 without a single item stated. Strange reports 
 are afloat respecting the said contingent Bill, and as 
 we have never minced matters much hitherto neither 
 shall we do so now. We therefore tell Mr. Weldon, 
 the Chairman of the Committee for examining the 
 Bill, and we tell thie Country too, that that Bill con- 
 
68 
 
 m 
 
 
 i' 1 
 
 
 tains charges that the House dared not exhibit to the 
 Council, and which they dare not show to the coun- 
 try either ! We speak advisedly when we say so. 
 We may as well say to the Council that if they again 
 concur in the resolution for paying a Contingent bill, 
 so long as there is mystery and concealment with 
 respect to the particulars, the country will draw 
 from their doing so an inference not creditable to 
 the independence of the Council. 
 
 Fitting up the House of Assembly, £722 17s. 6d. 
 With respect to this item their was good ground for 
 objection to it on the part of the Council upon pnw- 
 ciple. The House appointed a Committee of their 
 own to enlarge and fit up their House : they fixed 
 no limit to the expence and designedly omitted to 
 furnish them with funds. As in the matter of the 
 Deputation while money was in the Treasury, they 
 obtained money at the Central Bank, and the Pro- 
 vince is charged £21 for interest on advances. This 
 Committee even go to the unjustifiable length of 
 paying for a plan ordered by other Commissioners, 
 upon which also the Central Bank charges a com- 
 mission — as if the person employed could not wait, 
 as other people have to do, to get his money by a 
 separate resolution. The Committee in express 
 terms in their report condemn the present mode of 
 appropriation. " They got the work done upon 
 much more favourable terms than would have been 
 the case had the parties been compelled to await 
 payment in the ordinary mode by appropriation at 
 the present Session." The Council should keep a 
 vigilent watch over these gross irregularities I de- 
 pend upon it, if their is not a juggle in this business, 
 there is good ground for suspecting one ! It may be 
 said, these are mere trifles — hut look at the gross 
 amount .£10,500 — it is really quite tremendous !! 
 
69 
 
 Schedule B.-— Revenue. - 
 
 
 ClerJ 
 
 k, Mr. ^ 
 
 N hiteside, 
 
 M 
 l» 
 
 i:20o 
 
 50 
 
 88 
 
 
 
 
 
 , ' ' . *! 
 
 £338 16 
 
 1 
 
 It is certainly most extraordinary, that the Coun- 
 cil should have concurred in these three resolutions. 
 In the Schedule of salaries which they recommend 
 to Lord Glenelg for the Civil List Officers, they iix 
 the salaries of the Clerks in the Provincial Secretary's 
 office at £150 each, and here they grant to the 
 Treasurer's Clerk, more the. • double that sum ! Both 
 cannot be right, one must be too much, or the other 
 too little ! 
 ' ,r Treasury Contingencies^ 
 
 Mr. Simonds, 4 months, £75 7 10 
 
 Mr. Robinson, 8 „ 64 15 
 
 £140 2 10 
 
 These items look rather odd, the charge for eight 
 months being less than that for only half the period. 
 
 It is again surprising that the Council should 
 charge £190 for their own Stationary, and allow 
 £140 for Treasury contingencies, and yet recom- 
 mend an allowance for the Provincial Secretary, 
 Stationary and Forms, of only £100. One would 
 think that an office with three clerks, would require 
 more stationary than one with only one clerk. — 
 There is an inconsistence somewhere ! 
 
 Treasury Messenger, Mr. Humbert, £150. — 
 When Mr. Humbert, and his son, were both members 
 of the House, a sufficient, though not a satisfactory, 
 reason was always assigned for granting so large a 
 salary to this officer : but .as Mr. Humbert is iio 
 longer a Member of Assembly, there can be no 
 
70 
 
 u 1 
 
 trf 
 
 reason why tlie Treasurer s Messenger should hay© 
 a salary, as large as that recommended by the Coun- 
 cil, for the Clerks in the Secretary's office. 
 
 Schedule C. — Light Houses. 
 
 L. Donaldson, for saving Oil, and improving 
 Lanterns, £50. — The House probably wanted to 
 shew their gratitude to Mr. Donaldson for the highly 
 valuable services which he rendered them, in the 
 matter of the petition for the removal of the Go- 
 vernor, so they booked him for j£50. Unfortunately 
 the House bungled the business : such a grant ought 
 to have been put into the Contingent Bill, along 
 with Mr. Blatch's £100 — and X105 for an excursion 
 which Mr. Donaldson, Mr. Ward, Mr. Barlow, Mr. 
 Allen & Mr. Wyer took to Grand Manan ; they 
 ought not to have assigned as the service that the 
 Blacksmith had made good lanterns and reflectors, 
 so that less oil was consumed. This was too bare- 
 faced, so the resolution was not concurred in bv the 
 Council. Next year they must put it into the Con- 
 tingent Bill ! 
 
 Schedule F. — Education. 
 
 Newcastle School, £5d. — Why is the province 
 charged with this amount ? Because Chatharn and 
 Newcastle are always quarreling ! It is a pity those 
 places cannot be made to agree, it would save a good 
 deal of time and public money ! 
 
 Baptist Seminary, Fredericton, £500,|Catholig 
 School, St. John, XIOO. — Next year the Baptists 
 must take a hint, and shape their course diffeveutly, 
 and apply not for a grant openly, but for a sum to be 
 granted to the Justices in Session for a school in 
 Fredericton, independent of the Madras School and 
 Collegiate School, to be expended by a Ccmiiiittee 
 of Justices being members of the Assembly, n iid it 
 
 M 
 
 i I 
 
7 J. 
 
 will pass the Council ! {Should there be a clilHcull} 
 in finding a sufficient number to form a connnittee. 
 Messrs. 8imonds, Johnston and Robinson, the com- 
 mittee for giving the .£100 voted for a free school in 
 St. John to the Catholic Priest vs^ill do, to make up 
 the number. 
 
 15 Grants to Teachers of Parish Schools, .£231 
 13s. 4d. — Pretty well this in addition to £7000 
 granted for Parish Schools, especially as with some 
 of the persons this special grant is over and above the 
 salary allowed hy late. This year the Council ap- 
 pear to be very kind — ^Josiah Freeze had petitioned 
 in the two previous Sessions for teaching a school in 
 1828, 9 ; the House had complied with his prayer 
 and passed the resolution^ but it had been rejected 
 by the Council : this year they concur in it ; why 
 — nobody knows ! Both houses ought to adopt 
 Rome plan for putting a stop to these petitions from 
 School teachers : the Journals of both Houses are 
 getting very bulky, and the printing of them costs 
 X700 a year : as a large portion of them is filled 
 with these petitions they become very expensive. 
 There are no less than 27 entries on the Journals on 
 account of Freeze's grant alone, which must have 
 cost the country, quite as much as the amount 
 granted. Out of the 15 Grants, only four were not 
 concurred in by the Council. . 
 
 Schedule H. — Militia. 
 
 " Colonel Allen, an old and meritorious Officer, the 
 sum of £200 in full for his services as Inspecting Field 
 Officer" — On this grant the Committee divided 18 
 to 6, so it was carried in the affirmative. This is 
 without any question the most unprincipled grant 
 made during the Session. It is well known that 
 there is a law of the Province, which allows the 
 Adjutants j£15, and Sergeant Majors £7 10. On 
 
I'« |;; 
 
 72 
 
 Ufig 
 
 In 
 
 
 Hf 
 
 If i 
 
 the tirst day on which the House went into Commit- 
 tee of Supply, a lesolution was proposed for grant- 
 ing money to pay these Officers, and it was rejected : 
 the members who voted for setting a resolution of 
 the House above the Law being, Messrs. Simonds, 
 Burns, Connell, Freeze, Gilbert, Palmer, Rankin, 
 Stewart, Hannington, Partelow, J. M. Wilmot, 
 Woodward, Morehouse, Hill, Clinch.— Some time 
 after this Mr. Partelow, as Chairman brings in the 
 report of the Select Committee on the Militia, 
 wherein he distinctly states that " the services of the 
 Inspecting Field Officer have been dispensed with ;" 
 still on that very same day, a vote is passed in favor 
 of Col. Turner, to cover any loss he may have sus- 
 tained. For this there is the shadow of an excuse ; 
 but on Feb. 23, a grant is made in favor of Col. 
 Allen for ^200 " in full for his services as Inspecting 
 Field Officer'' when the Committee had reported, that 
 his services had been dispensed ivith, and when in fact 
 no duty of any soi't had been done. It is very remark- 
 able that Messrs. Stewart, Hannington, Partelow, 
 J. M. Wilmot, Woodward, Morehouse, Hill, and 
 Clinch, all voted for the X200 to Col. Allen for doing 
 nothing, and voted against paying the Adjutants and 
 Sergeant Majors who had done the duty according 
 to law and had earned the money. The next day 
 the grant to those officers was again moved, and for 
 the credit of the Province carried ; those who voted 
 against it, being Messrs. Simonds, Palmer, Bums, 
 Morehouse, Connell, Freeze, Gilbert, Hill, Clinch, 
 Woodward, and Partelow. We here see that after 
 having voted for .£200 to Col. Allen for doing no^ 
 thing, the next day Messrs. Partelow, Woodward, 
 Clinch, Hill, and Morehouse, had the baseness to 
 vote against the honest legal claim of the Adjutants 
 and Sergeants Majors, for a compensation allowed 
 them by law. But Col. Allen is an hon. Member far 
 
 u 
 
73 
 
 York, antl will have a vote next Session, in the grant 
 of .£150 to the Chairman of the Committee of Pub- 
 lic and Private accounts !!! 
 Scliedule 1. — Charitable Purposes. 
 
 I jf The list of old soldiers is increasing very rapidly, 
 
 and considering how much of the Journals, their 
 petitions occupy and how much time the business 
 consumes which this year cost the Province ^20 an 
 hour, it is a very expensive mode of relieving these 
 meritoriom old soldiers, and their equally meritorious 
 widows, doubtless all of them quite as meritorious as 
 Col. Allen, who gets 200/. while they get only 10/. 
 Schedule N. — Rivers. . 
 
 The grants for rivers contain two items which 
 deserve some consideration. Last Session the House 
 took into their heads to do a little Executive ; ra- 
 ther more than usual ; and appointed two Commit- 
 tees, not of their own members for which there 
 might be some excuse, but o^ persons not having jeats 
 in their honourable House. One of the committees 
 was to explore the River St. John about the Tobique, 
 and the other the mouth of the Jemseg. A grant 
 was made of 50/. for one, and 17/. 16s. 4d for the 
 other. The services not having been performed by 
 competent authority, the Council would not concur 
 in the grants. The House are then guilty of a gross 
 breach of the confidence reposed in them by the 
 Council, by actually putting these two items, with 
 cttiother of a similar description, into the contingent 
 
 \ f Bill ! and the Council either unsuspicious of so much 
 trickery, or unvz-illing to notice it for fear of a repe- 
 tition of the scene in IS 35, passed the bill with these 
 three rejected items in it. 
 
 We ask, after this, what does the revision of the 
 grants by the Council amount to 1 The Contingent 
 BiH into which the Council and the country, are not 
 Allowed to look, in which is wrapt up in mystery 
 and concealrrient, will be a receptacle for every 
 
 I 
 
II. • 
 
 ,i;. ' 
 
 M 
 
 !] 
 
 
 ''1; 
 
 74 
 
 thing. These observations will also apply tq 
 
 Schedule O. — Miscellanies. 
 
 Last year the Assembly, by way of doing a little 
 more Executive appointed Messrs. Ward, Barlow 
 & Donaldson a committee to inquire into the Grand 
 Manan Fisheries, and associated with them Messrs, 
 Allen & Wyer members of their honourable Houset 
 In September last they chartered a vessel, laid in 
 ample stores and off they set ; spent a day or two, 
 and back they came, with two reports (not, we hope 
 like a Delegate's report made of whole stuff) but 
 quite as worthless, and a bill for the cxpences of 
 105/. 135. 2d. This the Council very properly re- 
 fused to pass, because the House have nc constitu- 
 tivnal right to appoint any such committees. The 
 House thinking that it would be a great pity, that 
 those gentlemen should pay for the good things 
 which they ate and drank, or that Mr. Barlow should 
 not get paid for his advances, slyly popped it into 
 the Contingent bill, rightly judging that the Council, 
 with misplaced delicacy would not look into it ; and 
 so it passed ; and so the country is to be taxed to 
 pay 105/. for an excursion to Grand Manan by five 
 gentlemen (who of ce "se charged nothing for their 
 time) and who brought back a report, for the print- 
 ing of which we are still further to be taxed, inform- 
 ing the Legislature that fleas are not lobsters, and 
 that the proper size of the meshes of Herring nets 
 is * one inch and three quarters! not one incn and 
 five-eighths. 
 
 We have now accumulated a goodly collection of 
 " fa4:ts S^figures as the Delegates say, to shew that 
 " the country has just cause of complaint against 
 " the Assembly, and that their proceedings have not 
 " been wisely and prudently, no ! nor even honestly 
 " conducted." Such a collection of iniquitious 
 grants, we will venture to say, cannot be equalled 
 jn any Colony under the Crown of Great-Britain.i^^ 
 
"^.