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■^IsiMi. HiMwiSr^
REMINISCENiCES,
OR
OBSERVATIONS
ox
THE LEADING MEASURES IXTRODUCED IX TUB
BE3INNING WITH THE ADMINISTRATION OF
HON. J. H. T. xMANNERS-SUTTON.
(WITH BRIEF BIOGRAPHICAL SKETCHES.)
By G. E. FENETY,
(qVEEN's PRINTER.)
PUBLISHED FOR THE NEW BRUNSWICK HISTORICAL SOCIETl",
ST. JOHN, N. B.
183a.
(\-
.0 ^
INTRODUCTION.
From the settlement of this Province up to the year 1854
—when the system of Government under which we now live'
was first put into operation— the conduct and management
of public affairs and business, and the distribution of patron-
age, rested in the hands, and were under the control of a domi
nant class. The " family compact," as it was familiarly and
systematically styled by those outside the pale, was composed
of men of consideration who, with seats in the Executive
Council, held all the higher offices to which large salaries
were attached. The compact was a kind of autocracy— the
members of which maintained that they were not amenable
for their acts to the people; but while holding themselves
independent of the popular voice, they were subject to a
power higher than their own-namely, the Lieutenant Go-
vernor, who carried out the will of the Colonial Secretary
The Province in the first half century of its existence was
m fact governed from "Downing Street/' Holding their
positions and offices from the Crown, it was the interest
of the Council to uphold the prerogative vested in the hands
of the Lieutenant Governor ; and it hannened th.it fh^
members of the Executive seldom resisted any encroach-
ment of the Governor on the power it was assumed they
rNTRODtrOTrOF,
possessed in virtue of their nnaiMnn t^ ^u j •
Thia «fnf« nf +V,- ""Risers were constrained to yield
Of the »„„„..;;'^a^:rod^ t;xr:atrJ;f^^
^' eoXc^;- :^r-- 1^^^^^^^
ye. produced toL 1 °eJ^^r,»''° *» Province ha»
L':rerr3reL'^:Sf-^^^^^^^^
tatc. In 1854 <Be reins "fpre" were r^sl '?^'-
wrested from the grasp of those who for ha^l cent';! "l
more had tightly held them. Then ZgZZTJ't
government by which the members of the Execative held
otHce and power, not during good behaviour as of „U w
80 long as they could command a maiorirv^L .^ S ' "*
the House of Assemblv Their '"a.?„T? 7° *"" *°'"' "^
judged by their good p rformances^ no, on,v "T " ■""'
of advisers to the LieutenanTsovernor b„ L' o ° T*^
eoundmeasuresfortheadvancert:f^^^
Jmend^rwitr'tr: ra,f :f'iT5r'r°'^'""*"='" ->
Gove^menf upon ;e;^l:dir;s.'t:";ord"a
first time, and has been ffoins on evBr Z„. • **
tinual chain-old links occtiof ally bing Z^vTd "and T
ones substitnted-down to the present yeaf-mPTK.
of the downfall of the Administration of 1854 wilTh.fn'
explained in future pages. The last Lie^t. Govt" fSir M
mund Head) like his predecessors, exercised a resoLfewn*
but the arms of the reformers in the Assemblv had ^ll^t
»»».. gaming strong nerve-force-while the eyes of th«"peopie
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INTHODUOTION.
iii.
were daily being opeued wider and wider to the realities of
between the reformera i„ the II„„'se and the QoZ,„"
fo having allowed hie Excellency to act and decide for him
self m a grave matter, without protesting on their part or rT
Bumea that the lesson thus taught, in the defeat of (),»
w:u7dTer ^ura * ''''- '''''-' ^' Sir EdL'rd Held
Tow r and fafr « ''"''' ^'^^^"^ '^' ""^^^^ °f thei
power, and fature Governments up to their responsibilities
fpnUpxroTtrr^™--
SredY'et alK'^' '?',""" "«" ""P- were el .
r^rfr^trtr he-z i:zT2n '^" -''"
ernortokctfndepert^'„Jrtpt^^^^^^^^^^
of men whom the reform agitation had brought to ttefrtt
and were thoroughlv imbued witi, n,« fu . '
ernm.r.. .„j J . ^ ™Duea with the new theories of lov-
ernmen and determmed to carry them out in pracUoI
stenTe^An-d arlf^' '° '"" '"^ '°™ -*»"' '"ob-
stante And, as these pages will shew, whatever Govern
ment have come into power since 1854, they have whe" ^I
casion called, maintain"^ »-»;- •■ ■ _ • ' °°
resigningofflcewh;nThrG;™nr;S°::ru7n':^
adv.ce. These remarks, however, apply to whatTas f„t
ir.
nrntoDucrroir.
merly called "royal Governors," sent out from Unrfand
Since " Confederation " our Governors are appointed from
a class of men who better understand the wants and habit*
of the people, and the Jonstitutional rights they possess t
and from having served a thoroughly Colonial Legislative
training themselves, know how to govern from experience
and not from opinions formed on the other side of the At-
Jantic, often at variance with the « well understood wishes^
of the peoplto " on this side.
1
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8688 J
ative
3nce,
3 At-
ishes^
CHAPTER I.
General mecUms -Speeches on the Hustings— Unsettled state of
rolitics— Government and Opposition returns in St. John equal
—A majority of Liberals elected all over the Province— Be-
parture of Svr Edmund Head and arrival of his successor,
Hon. J.H. T\ Manners-Sutton— Special Session of the Leqisl
iature—Tfie Reaprodty Treaty— Strong Party Speeches— Dt.
jeat of the old Government and formation of ths first Party
ixovemment in New Brunswick. ^ ^ jt
^
The General Elections were held in the month of June^
1854. Nomination day in Saint John was on the 2nd. The
Candidates were—
For the C%— James A. Harding, Isaac Woodward, S. L.
Tilley, and J. W. Lawrence, Esqrs.
For the County-Uon. J. H. Gray, Hon. R. D. Wilmot,
J. F. Godard, John R. Partelow, W. J. Ritchie, Allan Mc-
Lean, and William Hawkes, Esqrs.
The principal speakers were Messrs. Partelow, Wilmot,
and Gray, on the side of the Government; and Messrs.'
Ritchie, Tilley, and Harding, in opposition. The other Can-
didates spoke moreen their own account, as untried « inde-
pendent " politicians. The acta of omission and commission
by the Government, underwent a severe criticism at the
hands of Messrs. Ritchie and Tilley, but as stoutly rebutted
«
PARLIAMENTARY
1854
and defended by Messrs. Wilmot and Gray. It was a war
loZll T' *';" ^"^^'^"^" ^'^ *^^ °P- -^' "Pon the
foHow thJ T' ^"' '°™' ^""'^ ' ^"* '' ^« ""necessary to
follow the Hpeeches. or even make allusion to the points
made, as they will hereafter come up in detail ^
Co«ntvTJ,?''''A '^'"' '^' Constituency of St. John (the
mill V/ , ' '^ '''' ^'' ^" ^"^ "'^^^'•^^5°' unsettled po-
ool«n . ' / '''""'"'^ "^"'•^ ^y P«"°"^l than party
considerations; for the three Government supporters, vi/
c^bi:" n- 'f "' ^"^ ^"' Wilmot-and their Lost im;;.
cable political opponent, Mr. Ritchie, were all returned at
he ame time. The City appeared to be more consistent,
whether from design or chance it matters not, for Messrs
Tilley and Jlarding were the choice. Taking City and
Co„ntj% the honours were divided and therefore easy, viz •
three Government, and three Opposition. The politicai
equilibrium, however, remained unaltered in the County
In he absence of fixed principles in the minds of the
electors there could be no preponderating influence with
one party more than another. The great battles of the Con-
stitution had yet to be fought; desperate encounters had to
be made between Liberals and Conservatives; but the .;my
of the former had to look for recruits outside of St. John
for where there were so many personal likes and dislikes'
hZ 1 n%°t P°"'r^ '""'''^^ "° «°^«r«°«e between
those who called themselves Liberals for the expulsion from
power of those who were recognized as Conservatives. Mr
i'artelow s personal influence carried all before it. No matter
what his political faults, (and who is without them ?) they
were all overlooked in the man himself. He had only to Jo
among the electors and take them by the hand, and theyl
were converted ! Perhaps no public man since the days of
iox, or Wilkes had a more suave manner, and knew better
how to ake advantage of the blind side of a voter-all is
said to be fair in politics that is not dishonorable. Many
anecdotes are related of his strategic skill in privately con
quenng an opponent; but to relate them here would be out
or place.
f
\su
11"EMIN1SCEN0ES.
i
St. John, however, although by chance, returned throe out-
and-out opponents of the Government, men with tact and
determination, two of whom were still writhing under what
they conceived to be an injustice done them on a former oc-
casion, a wrong which led them to resign their seats, and
retire for two years into private life. This was so far an
earnest that the rest of the Province would follow the ox-
ample, and that a majority of Liberals, of unquestionable
faith, would be elected to the new House.
York County, which at the election four years before, re-
jected Mr. Fisher, now sent him in at the head of the poll,
giving him 1185 votes, which was 198 more than the next high-
est Candidate received ; although this County was influenced
by local rather than political feelings, and thought that Mr.
Fisher was the best man for the special interests of York,*
Like St. John then, political principles entered but very in-
adequately into the contest— chance, however, as in the for-
mer County, divided the seats equally between the Liberals
and Conservatives, two and two.
K"orthumberland likewise made a mongrel return— for the
same tide that floated Mr. J. M. Johnson upon the crest of
the wave, did not leave a great distance behind him the At-
torney General (Hon. John A. Street), the gentleman who
not long before this had rendered himself so unpopular to
his constituency, that they sent in two requisitions one after
another calling upon him to resign his seat, because they
felt aggrieved at his railway conduct, when he told th«m
in substance that he knew what was better for the interests
of his constituents then they did themselves. This County,
like St John and York, split up its votes, giving half to the
Liberals and half to the Conservatives, Thus three of the
leading Counties returned seven Liberals and seven Con-
servatives, thereby implying that the conduct and merits of
the one party on the floors of the House, were on a footing
with those of the other; and that public opinion was equally
.... „,,..,„.^.. auj -oiiKu-o in iiiu existing syetiem of
Government, (with the alleged train of evils incident thereto,)
would lead to any improvement or advantage to the interests
•8
^ARLIAMENTARV
1854
of tho country. Tho returns for the whole Province how
o.'er as appears below, gave a majority of L bera s e/ected"
which may be called an accidental Le^dency^^fZ^^^^^^
people generally were not at all responsibT -if TeaT pHn
ciplos bo taken into account, ^
The following were the returns for the whole Province-
those marked thus (*) were new Members, although so ~
of them had been in former Houses •- ^
Countjj of St. John-lion. J. R. Partelow Hon R n wi
Es^rs. ^ *' •^''^"-J^'"«« A. Harding and 8. L. Tilley,*
^County of Kent-Robert B. Cutler and Francis McPhelim,
lo^^Z!^^^^:^ James Tay-
y-ee/ona-Francis Rico and James Tibbits,* Esqrs
Ur^e^on-Charles Connell and Richard English Esars
^^^^^'"orfo^rf-DanielHanington.AlbertJSmTfh A^^^^ ,
Landry, and James Steadman,* Esqfs ^' ^°'^°'^
Northumberland— QtQOTsQ Kerr Hon t a a* x -r ,,
Johnson, and Richard sftton,* Esqrs ' ®*'"''*' ^' ^'
Pu^yf E7q^s'*'^" ^^^-^' «-^g« %-, and Henry W.
Gloucester-V^r^. End* and Patrick McNaughton,* Esqrs
fort* rq!'^^''°" ^°'" ^-*^— y. and Chipm'an bT:
Quern' s-^^mxx^\ H. Gilbert and John Ferris * Esars
Abert-M^^r^ Stevens* and Abner McLe L * E ors
anfj:r;4-,^E^tr"'* ^^^^ ^^^^-'* ^- B-n,*
&m6«rj/-Hon. George Hayward, and Enoch Lunt,* Esq.
DEPARTURE OF SIR EDMUKB HEAD
to thi « """"^^ of October Sir Edmund Head (being elevated
Jrn V T''"'"^'°''"^^^'P °^ C^'^ada) took his departure
from New Brunswick. A few davs Drerion. .^llzTlt'^'l
nis iareweli levee in Fredericton and in St: John, wMcTw;;^
1864
1954
well attended. Hon.
ftBMINISCENCV
9
L. Ilazen, as Recorder of St. John,
read an AddresH from the Corporation, regretting the de-
parture and cong' utuhiting him upon his elevation to a higher
position. To v iich His Excellency made a suitable reply.
Sir Edmund was succeeded by Hon. J. H. T. Manners-
Button (son of a former Speaker of the House of Commons,
in later years Lord Canterbury) who arrived in the Province
in time to have an interview with his predecessor.* The fol-
lowing is the announcement from a St. John newspaper
(Oct. 6) of His Excellency's arrival :—
" His Excellency the Lieut. Governor arrived in the
" steamer Governor at 12 o'clock yesterday, and landed im-
•« mediately afterwards in company with Mr. Partelow. His
" Excellency is about Mr. Partelow's height, of spare make,
" and has a dark florid complexion. There was an immense
" concourse of people at the landing when Mr. Mannere-
" Sutton arrived, who surrounded him on all sides, to obtain
'« a view of him, and crowds followed him through the streets
" on his way to the Hotel. A l{oyal salute was fired from
'« on board one of the Black Ball Line of Packets, as the
" Steamer approached the wharf. His Excellency leaves
" town this morning at 9 o'clock for Frederictou." '
SPECIAL AND IMPORTANT SESSION OP THE
LEGISLATURE.
On the 20th October, a special Session of the Legislature
was called, for the purpose of ta':ing action upon, and rati-
fying, the Reciprocity Treaty made between England and
the United States. The war of party commenced immedi-
ately on members proceeding to their chamber. Mr. Ilaning-
ton was elected Speaker. The House had scarcely heard
the Address read by the mover when it began to exhibit
signs of insubordination. They would not hear the Address
read from the Chair. Mr. Fisher brought in a bill; Mr.
* We now had a new House, a new Governor, and (as It will be seen In the
course of the next Chapter) were soon to have a new Government.
1
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PARLIAMENTARY
1854
ti^e Judges, and declared thlh^v'^T^: "^^'^^^
=SS= Stride
Gover„,„o„, „„d theiriioa, defeat, it if he.otplld^ ' ""
Majo,'t;,^to^a'K„tS?t ^htr"''"^-^' •? "-
provision of the TreatTZe" ^oni™, ThT°°«°'^° '" ""'
1
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1854
hEMINtSCENCfiS.
U
that the conduct of the local Administration during the last
tour years has not been in accordance with these principles,
and we feel constrained thus early most respectfully to state
to your Excellency that your Constitutional Advisers have
not conducted the Government of the Trovince in the true
spirit of our Colonial Constitution."
Messrs. Street, Wilmot, Gray, were the leading speakers
on the Government side. Messrs. Ritchie, Tilley, Johnson,
bmith, Harding, in opposition. Heavy blows were ex-
changed ; but it was evident that the fate of the Government
was sealed; day after day as the debate progressed new con-
verts were made to the opposition ranks. Those "doubt-
ful " gentlemen who kept their hands under their desks un-
willing to show them to either party or to commit themselves
by word or look until they could satisfy themselves beyond
a doubt which side would preponderate, now gradually, one
by one, emerged from their shells, and at the last moment
threw themselves into the arms of the Opposition, and be-
came great Liberals ! On the night of the 27th, the eve be-
fore the final division was to take place, the exact position
of every member was fixed and understood. The whole
Province appeared to be in a state of excitement. The wires
connecting with St. John were in continual operation, flashing
along the probabilities of the result. Never were the people
more political on any occasion-the Liberals at the prospect
of finally conquering their old opponents— the Conservatives
that all their power and prestige were about to bo wrested
from their grasp for the first time and forever since the Pro-
vince was portioned ofl' from Nova Scotia. The grounds of
attack and defence may be thus summarised. It was charged
against the Government, by Mr. F^her, the leader of the
Opposition, who had been one of them, but recently retired,
that his confreres submitted to an undue exercise of authority
on the part of Sir Edmund Head. In this wise-Chief Jus-
tice Chipman had retired from the Bench : and it was the
wish of the Government to reduce the number of Judges to
liiree, and the Master of the lioUs to act as one of the Judges,
making four ; this vacation of the Chief Justiceship furnished
the opportunity, they thought, and at the same time would
w
10
^ PAKLIAMENTARY jgg^
8e.f w,th the CoDservatives a fe^ yoare before this (iastifed
™s lirlr' "•' """*') ^'^ "-^ Constitution w 'now h!ve
tnt o ,»> T '? ''"'''' """^'"S °^^". 1» tad no old Const?.
:r:'sttd t'hi::L"tr%r t' "'" -^ .'""-'"^
.he Chief JnstieeshiXid Ifontrii:^"^,^ ™' t
Exoellency after asking for adviee and getting it, proceeded
on h,s own .deas of what were right and proper. He accord
ingly recommended to the Colonial Secretary the names of
olnf t' , J"""'' '"'' ""•* of J""'" Jndge. More-
si on to the^'' "'rf " "^^^ "P ^ Memorial in opp™
sition the views of the Council, which His Bzeellenct
forwarded to the Colonial Office in company wbhll:^
and the Councl were not permitted to see it The aZlt
".K power was thus virtually set aside, or taken out of he
Government of this Province, and as of old ere Self Govern
ment was conceded, handed over as it w.I »«»-«overn.
Lient, Governor, to Downing StTee't tL n 'er vfewff .'hi!
movement may be thus rendered. Mr. L.AW mot w
for years been the most determined opponfnt of " the „u
compact party" as it was called; and now haling htm of
ho d him "tV" ^""°^^ "'"''''' ">» endeavofr w^s Z "
of he Hou's 'Tlirtv"""' ''""'''' °P- *» ^"o:
doors ofre:«ce'r:J'"'?-i™-7J^ JO
man had resigned-whieh office waslfr. W^mot's ftS,'
of pohhcal succession. Instead therefore, of being alafed
ne,: tTold °« "°°r'"'' '"'™ "™» that of selfl h
»r. to tt'Tr:!^;!!^ ",4-«ou .XS
vicw,-hnt Mr. w. insisted-„porhVs-hr^r;:„rced
1854
1854
REMINISCENCES.
18
a document eigned by Lord Glenelg, Secretary for the
Colonies at the time when Mr. W. was a delegate in Eng!
land -in which His Lordship informed him that at any time
hecould render him a service not to hesitate about writing to
him. The reading of this document brought Sir Edmund
aw that wir^'T^'^'T f '^^ ''''''''''' ' f- ^« -' 0-0^
saw that with such powerful inSuencea as might be invoked
m England by Mr. Wilmot's friends, it would probably inTe
It would not be well to arouse the slumbering lion, by turning
his back upon Mr. Wilmot's claims. , Suffice it lo add, thaf
TfhTlm^Z """' Tr''"^ ^^*^ '^"^^^ Carter-and ience
fn llw i T^ ^''^ '^' Government and the turmoil that
followed. It was not, however, that the House and the
country considered that Mr. Wilmot was not entitled to
rn„n.?it' • ' ^^^'"^*^ "^"^^ °° '^' g^^^^d that the.
Tof fnfiiur°^ as partoftheirpolicy advised His Excellency
thei Jl T?' '""^ '^'" allowing him toact contrary to
thmr advice without protest, and surrendering their offices.
Ihe following extract from Mr. Fisher's speech will furnish
brth'.V':^tI' "^^'^ '"^ *'^ ''^^'^ '''^' lengthened de
bate that extended over four days :-« Had the Council resigned
(said Mr F.) His Excellency would have been compelfed to
abandon the appointment or get another Council to sustain
him In the case of Mr. Reade, the Council resigned on
IteT I'l'f *^°"^^ '^' P"^^^P^^ ^«« - « -4 crude
state he called a new Council, against whom the House
passed a vote of no confidence, and Mr. Reade's appoTnt
ment was finally cancelled. He would shew that the Gover-
nor erred knowin^the truth. In his Minute he saysl
' of thrL'tT"" n^''^°r. ^'' '' "«"^"^^ ^^*^ *^« ad-ice
Blahi of ti. 1 v'' ?T '''''''''' ^' (^^- ^') ^^^ "ot com-
wa corr... ^t""\ ^/''""' ^"^^^^^^ ^° *bis sentence, it
ZTJTT' ^'r^'f it to prove that Sir Edmund knew
-r^... -.^^ u-uu pxiucipie was. In plain English, if the Coun-
^iirT/r;"'"'"!''. "1 reoommenlations .ho;^:nId
resign. _ If he appomted adversely to their advice, they
i
ill
i
14
PARLIAMENTARY
1854
muifdTfend thf'' '• '. ^''^ *'^^ "^^^ ^-P-^^Ie for they
must defend the appointment. The dilemma the Governor
was in was, that with the full knowledge of that cons itu
lonal principle he had made a recomm^endation adve"^^^^^^^^^
t hoi "'r' ''^r ^'^"^^ ^^^- °r apprised them of
oarseT' Z "''" ^'°^"'^'' ''""'^ '"^'y'^^^ ^heir own
coarse? they were in ignorance of his course, how could
they take theirs- ? In this the whole difficulty co'nsistid He
(Mr. F.) had no doubt, when Lord Grey authorized thp an
iTaTnofTa "^'^^ ''' -P-sion";t' to ^ ol
as It ou°ht o t 7'"°' 'f ''^" ^'^^^'^ *° *he Council
strated of i ' ^^J^^.^^"' ^^^ as they had neither remon-
Ztit ToTa' ''* '''^ '^^ '^'^^'^^^ '' ''■ depend
upon It, Lord Grey never would have authorized the an
w'h t": iLTl '"^ '^'" "^^ '• '^ '^^^^^ --^^ havefnt Led
with the local patronage to gratify any Governor. After the
Governor saw that the Council would tamely submU to such
hat day they were prostrate, and to it may be attributed aU
rati Xlrr 11''' ^^^^^--^-^- His whole admfn!
tration after that had been a government by Despatches and
effort after effort to curtail the principle of selfrovernment
and magnify the Colonial Office. * * government
^0 left the Despatch, there was a remark of the Governor's
pe^le'xit " That^^ "'^ 7 ^^"'^^^ ^^^^^^ *^ '^ ^"^-a
perplexity. That was a state of mind a Governor with
cons itutional advisors, ought never to be in ; why n edht
perplex himself whether there were three or six Judges or
who should hold one office or the other ? His wholfdSffi
culty arose from his desiie to have his own way, and dot"
he pleased; and had he been met with that in'^ependence
and firmness that the rights of the people required, he wouM '
posed that he wished to deprive the Governor of what was
his constitutional prerogative. He (Mr. F.) considered The
th:?iirtr:ft'' r^^^""^^ ^^ *^^ ^--^ - — :
ine liberty of the subiect. as thA nr/^f. -
the people.
T^rt^i y%»\
of the rights of
1854
1854
KEMmracENCKa.
Opposition compll:f„,rr,l,r.o "' ''''""«'°S- ^h.
continuation of ?l,e old on. .,/ > <^°™''''«°'" was but a
many yeara-indeed stee ftf "« °'" " P"'"" "^ ^-^
to the Bench and the witL "f °;""°™' "' ^'- ^^""o*
had resolved (self ntoT. n ™ 1 ""^ """■ ^r. Fisher, H
compact/' Tom tl„:*'°^"™''~''*°°'''f'''"'^
when one member went on '"' 1 °«'' """^ ''^^" """lei
thereforewharm ^bT be caHedan " ,'°.°'' "' P'""^' " ™
-the old leaven ll n . X t^d ""^ """l"'^"
upon it eonW, in the eyes of tb. n • • ""'^ ?"'«'' P"'
Plcxion. n ;as a chaTg : m „ S r'b""" "= """'■
ciples. And 90 it was said that «,?f. "^^"^^ "' P"""
have been thirty Tar befit '■'"""'"'"^'^ ('' -"igt'
ofthe present in"nre'llasl,r "'"'''' "P™ "■' '>^«^»
parties, because when^t" ; ook offliT."""^" ^ '''^ ^""'^
been expiated ; and therrfo e fb» ' ^"'t '^'"'" ''»'' ■><"
line descended to "the tWrd ""Vf P""^'''"''*/ in a direct
Executive Councmors Bu thr.b ?f ^^''^'i''-^ - of
to say in oxtenua iLn if no" n ^rtffi.t: "°?''.'' ''"»^'""«
and give their views of the Con", 1'°" °^ '** """^<"=^'
bo remarked that ikfoMB^ZZZJ-A'a' " ""^^
do no wrong, "-seemt to have lost t» ™T ^^^^ ""'
casion; for although her representa ir °* ""'"^ °'=-
enshrined under th f same peeTarSn l"T""^ '° ^'
doth hedgea Ein2" Hi» irv„li, . ' ""« divinity that
were deal! with upon tfe doors of°',?rT°'°"' ""<> «''°^°'='
as if he alone were gu *; of h ehi f 1^°"" "'' ""''^ ""y-
'"ne lit"' ""-r" -'° - p- «:rt™^ "-'
mr ofoTtTe ir a" r;na"?o°i" ^-'''-' «'-0
livered in the Hon" f„l: t r," ■/^'"''f "^^ •>-
sition. (In print it v^^i^uT uJ ^ "Peoches in oppo-
se of .hisf He crpliCd ,'[ "f ^ '-"'y five P^^--
have taken the nrerr"™!.'^?.' "" OPPosition should
Government, when the' LegWaturel J h'^"?, ''"■"" *''«
^or a special P-pose-toS^ t t^irrX' "C;
ll
16
PARLIAMENTARY
1864
'"I
only. The Governmeut were therefore taken by surprise and
consequently unprepared for attack and defen/e. KTegZl
to the question of the Judges and Sir Edmund Head, this
TJwi ^*;r""*"^'^- ^' ^^^ b««« «^«de a grave charge
t f. r ^r'^'^^'J ^'^ «°^Pe"ed his Council to crouch !t
his feet Now what did His Excellency do ? How did his
Council quail before him and lie prostrate at his feet ? The
Governor had sent a Message to the Council, which they dis-
approved of, and upon their remonstrance it was withdrLn.
Ihe hon. member's conduct (Mr. Fisher) upon this point
' G.n. n '^'^f^'^y disingenuous, and he (Hon. Atto^rney
General) would say that although not then a member of the
^T'^^^r^' °' '" .^°^^ ""^y connected with it, and therefore
not called upon to justify their measures at that period, yet
from the hon member's own statement, and from the des-
patches and documents appearing in the Journals of the
^Z\ / '°". \°* ^"^ ^^"* ^'' Excellency Sir Edmund
Head had, under the peculiar circumstances in which he was
then placed acted wrong, or unconstitutionally, according
to Besponsible Government; nor did he believe the cours!
hoLlr" T *°°^ ^"^ '^^ ^'^"^^ °^ '^^ ^<^^' "^ember's
boasted resignation, which, if the hon. member had been
sincere should have been sent in immediately that he was
r^eced by the people at the general election of 1850, or
failed to secure his return, instead of waiting till nearly six
months after that period. On the 25th October, 1850,^hc
Council, after two or three days deliberation, handed the
Governor the following Minute ;—
" The Committee of Council having had under consideratmn
the resignation of his Honor the Chief Ju8ticrandHf«F?
eel encys Memorandum accompanying the same and havW
duly deliberated thereon, are of opinion that S's not adWs?
frivisioTSfThi'P.?''^^'^ i' '^.'. f °^°* «ffi<^«' and that suTh
a revision of the Judiciary should be made by the Leffislature