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MICROCOPY RESOLUTION TEST CHART 
 
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^■4-2. 
 

 ■^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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 € 
 1 
 
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 r( 
 a< 
 
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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 J, 
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land, 
 from 
 abit» 
 
 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 
 
 
 ,1 
 i- 
 
 1 
 
 1 
 
 i 
 
 1 
 
l^ 
 
 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 
 
 ( 
 
 t 
 
 t 
 
 V 
 
 I 
 
 n 
 t 
 
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