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Les diagrammes suivants illustrent la m6thode. ly errata 9d to nt ne pelure, ipon d 1 2 3 1 13 32X 4 ^ 1 I '3 i1 •i c^' Z T II 1.; SPEECHES AND PUBLIC LETTERS OF I THE HON. JOSEPH HOWE. I EDITED EY WILLIAM AXxXAND, Mr. I- VOLUME FIRST. B O S T O X : JOHN p. .JEWKTT .«t COMI'AW HALIFAX: A. & ^V. MACKIX.AV. MONTHKA,,: .. I,,w.ON . SOX. LONDOXt SAJIPSOX, hOW, SOX & CO 1858. If] I f- -.^o I/. / i G G 1 6 9 P 11 E F A C E . 1 For nearly twenty years I have been the intimate friend of the gentleman, some of wliose ppeeches and letters I liave un- dertaken to edit and publish. Many of the speeches, included in this collection, I have heard delivered. Some of the public letters have been read in my presence, in the Legislature, amidst spontaneous expressions of high approbation, even from the \vriter's i)oliucal opponents. The efl'ects produced upon the public mind, and upon the; affairs of his native Province, by Mr. Howe's mental and bodily labors, no man better than my- self, perhaps, can fairly estimate. Both as a Legislator, and as a public journalist, my opportunities for observation and expe- rience have been ample ; and, from a very extensive acquain- tance and intercourse with persons from all parts of British America, of all shades of politics, I have no reason to think that I over estimate the o])inion entertained by his countrymen of his talents and exertions. My object is to preserve, while preservation is possible, the sentiments and opinions of a remarkable man, who has figiu'cd during an eventful period of our Provincial history ; to enable my cotcmporaries — the men and women of the present day — to peruse again, and to estimate for their literary merit, or ora- torical value, productions that formerly stirred their blood, or largely influenced their affairs ; to give to the rising generation the means by which to judge, not only of the intellectual cali- bre of the race they are to succeed, but of the true character 3 '^ IV PREFACE. I of :i coiiiitryiiiaii"^ striii(glt'ri ami hibor:^ of wliich llicy avi.' to reap IIk; hoiu'fit. Beyond llie Ijomidarics of F^rilisli Auieriea, it is not jirohable that tliis work will attra(;t iiiucli interest, or find uineh eirenla- tion. Statesmen who iiij[in-e in llii' threat eentres of intelleetn;d life, whether in Europe or Anieriea, can alone be expected to command general attention. 'i\) those eentres the thoughts and eager iiuiulries of millions naturally turn, who no more ex- pect profit or i)leasure from reading \\ hat has ])een written or spoken in remote I'rovinees, tlian the Hebrews of old expected lessons of love, and j)rini-ipl(>s suseeptibl(> of world-wide difl'u- sion, in a small village, remote from .Terusalem. And yet, some of the principles, to the establishment and diftusion of which .Foskimi IFowi; has devoted half a life, are not unworthy of the attention of statesmen at home or abroad. The system of responsible goverimient, of which he was the earliest, as he was, confessedly, the most elo([uent and abl(> ad- vocate in the maritime Provinces, is, in its a[)plieation to Co- lonial adairs, as much a modern invention, as the steam engine or the electric tel(\graph ; and, like those great discoveries, can be mad(i practically beneficial to any community of English- men in any part of the world. The us(! that can be made of public credit in developing the resources of new countries ; and the obligations which rest upon governments to employ it for the completion of public works to which private enterprise is unequal , as illus- trated in Mr. Howe's Railway speeches and correspondence, are subjects not unworthy the serious consideration of gentlemen, however contrat icd or (Milarged may be the fields in which they are called to discuss or to administer public affairs. The " Organization of the Empire" may not, in the rather incidental modes in whieji it has been treated in one or two of \ r can are Imon they lit her c) of 1 : PREFACE. V the speeches and h'tt(>rs hielnded in this collcclion, arrest the attention of those who inii^ht he (hsposed to view it (hll'erently, had the suhjcH't been <'xhaxisted in a more cliiborate treiitisc. to which we re^'ret that Mr. Howe has not, ere now, found leisure to devt)te his talents. IJiit, however imperfect the tmitmcnt, the i^randeur of the subject will not l)e denied; and lie emi scarcely be called a statesman, and certainly would Ix; a very unworthy En<,dishman, for whom it has no attractions. From the hundreds of speeches delivered by Mr. Howe, on all sorts of occasions, and in all i)arts of the Provinces, 1 have selected only so many as were iiuhspensable to illustrate his pecnllar style, and extraordinary versatility. Home of these, very imperfectly reported and never revised, \ have tak(>n just as they appeared in the newspapers of the day. Of his letters, I have; omitted nearly all the more sarcastic, prescrviiiir only a very few of that description, inclndini^ the two addrcssiul to Lord Falkland. I would have struck out from many of the speeches, personal hits and sarcasms, amply provoked, and well deserved at the time (jf d'. livery, but which I am cpiite sure !Mr. IIowc would not, at this moment, repeat ; — but I found, if I did so, I could not preserve the spirit of the scenes through which the speak(>r was often compelled to fight his way. Such passages occur most frequently in replies and ex- temporaneous criticisms, called forth by keen attacks; and often exhibit the dexterity and readiness d by one robust, self-cultivated, Cohniial intellect. Better spe(>ches, and better letters, we may read every day; and yi-t to draw the compari- son fairly, wo should remeuiber that it is rare to lind good speakers who are also good writers, or good writers who can speak at all. 11 VI-IFAN, XoVV SCOIIA. / Oc'tuillT, I85S. I /! CON T \] N T S : j PACE. Tlip IIowo Family ,T Tlu) I'liiny Uiot C Tlic I>niii(ly Dispute 9 Trial lur Lilicl 11 Eioctioii S|K'i'cli('s 84 Opening- C'luiiicil Doors 87 Uoply to Stewart 89 Twelve Ktsoliuioiis 93 Iloply to Wilkiiis Ill Kesciiiilin^' 129 Engli.sli rartics 1,13 House of Lords 130 Address to the Kinj,' 139 Ministerial Kesponsibility 143 Points Gained 149 Second Address to the Crown 102 Canadian atFairs 1 TO Ocean Steamers 179 Delegation, 1S39 185 Civil List, Councils, Trade 189 Aft'airs of Canada 207 Executive Obstructions 209 Lord Durliam's Hcport 212 Lord John Kusscll's Speech 214 Letters to Lord John Kussell 217 Responsible Government 218 Address to Sir Colin Campbell 252 Mr. Uniacke's Letter 255 New Brunswick 257 Third Address to the Crown 258 Meetinj,' in Ilalifux 2G5 Lord Sydenham 288 Departure of Sir Colin 289 The Coalition 290 Public Dinner 297 Elected Speaker 301 Responsible Government 302 Incorporation of Halifax 307 Sp' ch on Education 303 VII Ipff il n <■':> VIII CONTENTS. M T\r,r.. Viii( to Ciinailii ;il'J Sir ( 'lull k's M.tciilf .'1^4 Dodilciin Coiifr^sidii .120 (^oiistitiitiiiiiiili^t's Lctlt'M .'12S, 512 (iualiliciitidii Itill ;)2'J (III ('iillo''iatu I'Miication .102 11)11 , ■')85 S|in l)i,-solllt Kloclioiis, 1 84.1 .180 Motciilf iind Fulkliiiiil 39.1 llosijriiiitidi. .•)H4 Lord Fiilklaiid's LctU'i- iiiul Siicccli .T.t.5 Mr. Howe's Di'fcncc. 390 N(';;(it'.it'< lis, War 413 Tho Kdilorial (liair 41. 'J Lord Falkland's rositiou 419 Kxtra Se'ssioii 42.1 AdiliTsscs, Kin;:s, Hants, t'ok'liosti'r 424 Lord Stanley's Siioorh 427 Dinner in C'liinberland 428 Speech in Hants 4.'54 New IJniiis wick 4.'!0 Wilniot's Protest 4.17 vSession of 1 84,') 4.18 Lord Falkland's Dispatch 4.19 Mr. Howe's Comments 442 Mr. Uniacke's Kesoliitions 443 IJoply to the Attorney liciieral 445 The Lord of the Bedchamher 458 General Iic]ily 477 Musqnodohoit 513 Pic Nic in Cornwallis 514 Among the Germans of Lnnenhurg 516 Meeting in Halifax 518 Reply to ]\Ir. Wilkins 519 Personal Dispatelies 527 Ivctort 529 Arrival of Sir John Harvey 530 Letters to Lord John llusscll, Second Series 531 Arrival of Lord Elgin 535 Overtures from the Government 536 Reply of the Oi)position 537 Consolidation of Land Departments 543 General Election, 1847 545 The Results 547 Welcome Home 548 New Brunswick advancing 550 Canada 551 The Coup dc grace 553 I -: ■( f CONTENTS. IX PAOK. Liberal Administnition 6C1 llospoiisililo Ciovcnimc'iit sct'iired 562 Civil r.i>t, 'r.liM:ni|)li ftO.I Till! 'I'wo I'iitmvs 504 Nowfiiiiiiiliand Adilrcss 505 Chaik'S Hiillcr 500 Mimitc of ( 'oiiiiril 500 Civil List Sfttk'il 573 New Coininission of the I'oiicc 574 8pi'«M'Ii i)n I'Mucaiion 575 Ifeliellimi Lossos Hill 590 The rentciiaiy 592 DefoiKv cif the ('i)!istifiitii»fi 592 C(;l.»iiial r..st < )l)i(es 623 Law IJill C24 Iiicorjioratioii of Tywiishiiis 642 I 17 13 iJO )1 &3 'in U SPEECHES. w 4 1 hi '•'] s n J BIOGRAPHICAL. i 5 In a speech delivered at Southampton, in 1851, Mr. Howe gave the following account of his origin: "During the old times of persecution, four brothers, bearing my name, left the Southern counties of England, and settled in four of the old New England States. Their descendants number thousands, and are scattered from Maine to California. My father was the only descendant of that stock who, at the Revolution, adhered to the side of England. His bones rest in the Halifax churchyard. I am his only surviving son ; and, whatever the future may have in store, I want, when I stand beside his grave, to feel that I have done my best to preserve the connection he valued, that the British flag may wave above the soil in which he sleeps.'' Frequent references to his father occur in Mr. Howe's speeches, and, wherever his name is mentioned, it is accompanied by eulogy so warm, and descriptive touches so filial, as to assure us that his memory is deeply reverenced. He well deserved the affection he inspired. He died in 1835, at the advanced age of eighty-three, having held the offices of King's Printer, and Postmaster General of the Lower Provinces, for many years. He was a fine-looking man, intelligent, courte- ous, and benevolent. He wrote well, and though having no taste for political disputation, spoke on religious subjects in a strain of simple, natural eloquence, not often equalled, and rarely surpassed. Mr. Howe's mother's maiden name was Edes. She was the daughter of a Captain Edes, who, with his wife and two children, came out from England to settle and carry on busi- ness at the South, but whose plans and prospects were marred by the breaking out of the Revolution. She was a widow, n If I I, (1 It! w\ f : f: fi i i ' 4 nioGnAPiiiCAL. and after tlio dcjaili of lii.s iirst wife, wlio had been INIiss ]\Tiiiiis of IJosloii, l\Ir. Joliii Howe married licr. The fruits of this union were two children, a son and daughter. Tiie daughter died at sea, (Mi her retiu'n from Pern, where slie had gone to join l;er lmsl)and, and was buried in Virginia. These vohimes will illustrate the life and labors of the son. ]\Ir. .rt)se[)h Howe was l)orn in ISO I, in ji pleasant cottage, on tlu! banks of Ihe North West Arm, since burnt down, l^ut in which his parents then resided. Here he spent the lirst thirteen years of life: and here was nurtured the robust con- stitution which, for half a century, has seemed to defy mental and bodily fatigue. Here was imbibed the love of nature, of field sports, of the sea, of woodland rides and rambles, which are still retained. Here was nourished the poetic spirit, tlwit, in all the earlier portions of his life, broke out into verse ; and which, though chastened and subdued l>y a severe; political training, colors all his speeches and writings still. He received no regular education, having to walk two miles to get to school in summer, and in winter being kept at home. But he had lii^ father to t;ilk to in the long evenings, and books to study. Hard exercise and desultory reading alternated, and a well- stored mind was ever present with him, upon the large resources of which he could at any moment draw. At thirteen, he went into the Gazette oflice, and for ten years worked at the printing business, occasionally assisting his brother* in the post ollice; and, at times, during his absence, taking charge of both departments. During his apprenticeship Mr. Howe attracted general atten- tion by the publication of a little poem, entitled jMelvillo Island. This Island stands at the head of the North West Arm. Prisoners were confined there during the last French and American wars. Tlu; situation and incidents connected with the island were poetical, and perhaps the most was made of them. Other i)ieces in prose and verse followed, and were published in the ncwspapeirs of the jieriod under anony- i :/ i * Jnlm Howe, the eldest (if (ivc cliiidren liy the lirst inarriag-e, succeeded iiis f.ither ill butli oilices. lie died ia ISlo. THE NOVA SCOTIAN. wcll- )urces titten- >lville iWest Ircncli Iccted was I, iind lioiiy- Il'iI his I ■i i ■i ; mous signatures. lie thus trained himself by the practice of composition, rather than by the study of language. In 1827, Mr. Ilowe purchased, in connection wiUi INIr. James S|nlve, the weekly Chronicle newspaper from Mr. William Minns, who had been for many years its editor and proprietor, and changing the name of the paper to " The Acadian," came before the country as a public writer for the llrst time, if not entirely unknown and unpractised, he was, as I have often heard him acknowledge, ignorant enough of every thhig that an editor ougiit to know. He had a cheerful spirit, however, p, ready pen, and tact enough to feel his way and avoid the ju'c- mature discussion of topics which he did not understand. The file of the Acadian is now b(\side me. It contains some lively sketches of natural scenery, some passable poetry, and yome juvenile attempts at editorial writing, jejune and common- place enough. There are no attempts at poliiical writing, and the volume contains no evidence that, at lliis period, the editor had formed anv elear or delinite notions of the condition or requirements of his country. Towards the close of the year, Mr. Howe fH)ld his share in the Acadian to his partner, Mr. Spike, and purchased " The Nova Scotian" from iNlr. G. R. Young, who had established that ))a[)er three years before. Aided by the very able pens of his father, Agrieohi, and of his brother, the late Attorney Gen- eral, jNIr. Young had, by great industry and ability, secured a very respectable circulation. Wishing to enter the legal pro- fession, he ollered his establishment to Mr. Howe l\)r £1050, a large sum for a newspaper at that period. The oiler was accepted, and in January, 1828, Mr. Howe came before the public as sole editor and proprietor of The Nova Scotian. In llie judgment of many the enterprise was not without hazard. It was hardly to be expected that a young man, inex- perienced and unskilful, could sustain the interests of an establishment upon which much acknowledged talent and information had been concentrated. INIany withdrew their sub- scriptions in this belief, and many more, it is fair to assume, only continued them until an experiment was tried in whieli 1* H^ II > , li ! : If '' I 11 ! t !». 6 POLITICAL TRAINING. thoy had not much confitlpiice. It succocded, howovor, beyond the reasonable hopes of him who was most interested. By dint of unwearied industry, a sanguine spirit, and threat eheerfuhiess and good humor, all the diflieulties which beset Mr. Howe's early career as a public journalist, were met and overcome, and The Nova Scotian was established on a solid foundation. British, foreign, and colonial newspapers and periodicals, were daily read. The debates in the House of Assembly, and important trials in the courts, were reported by his own hand, and his position naturally brought him into familiar intercourse with nearly all the public men of the day. The establishment of agencies, and the transaction of business, in the interior, compelled him to travel over the inland districts and to visit all the seaport towns. In these journeys many val- uable acquaintances were made, and much information was acquired. Gradually he became familiar, not only with the people best worth knowing, and from whom any thing could be learnt, but with the whole face of his native country, and with the political literature of all countries which expressed their opinions in the English language. Such leisure as he had was given to more serious investigations, or to the attractive novel- ties of the day. I have often seen him, during this period, worn out with labor, drawing draughts of refreshment alter- nately from Bulwer's last novel or from Grotius on National Law. His constitution was vigorous, his zeal unflagging. It was no uncommon thing for him to be a month or two in the saddle ; or, after a rubber of racquets, in which he excelled and of which he was very fond, to read and \vrite for four or five consecutive days without going out of his house. Seven years of this kind of mental training, which preceded his first noticeable display as a public speaker, did much to repair a very defective education. I have glanced over the files of The Nova Scotian from 1828 to 1835, and, to anybody who will do the same, the process of intellectual cultivation and development, will be very apparent. In the volume for 1828, there are almost no politics. Those sketches of country towns and rural scenery, which, under the I : t^ THE BARRY RIOT. Iceded •epair lies of who and ^hose br the heading of " Western and Eastern Rambles " enlivened the pages of The Nova Scotian for several years, and enlightened a good many worthy people who never go from home as to the beauties and fertihty of their own country, were commenced in this year. So was the Club, a scries of papers, after the model of Blackwood's Noctes Aml)rosianfp, and to which Sam Slick, Doctor Grigor, Lawrence O'Connor Doyle, and Captain Kincaid, all of whom subsequently distinguished themselves in other fields, are said to have contributed. There was, perhaps, too much of personality in these dialogues, but there was unquestionably a good deal of wit, humor, and vigorous writ- ing. There is also in the earlier files, some beautiful poetry, by Henry Clinch, tiicn a student at King's College, anu now Rector of South Boston, a gentleman whose productions I hope yet to see in some collected form in every library in the Province. In 1829, Iluskisson's system was promulgated, and Mr. Howe, who had previously been an admirer of Adam Smith, became thenceforward an ardent Free Trader, in which faith he has continued down to the present time. In this year he publish(Kl Halliburton's History of Nova Scotia, losing heavily by the speculation, the edition being, at that early period, too large. The book, however, was invaluable. It exhausted the subject, and made thousands familiar with facts till then locked up in the Provincial archives. The publication of this work laid the foundation of a friendship between the author and publisher, which was only shaken by political differences twelve years later, but which the subsidence of excitement has happily revived. In the spring of this year we find Mr. Howe fairly embarked in a political question, and holding his ground with some promise of that courage and dexterity, by which success was secured in subsequent contests. During the session of 1829, Mr. John A. Barry brought himself under the censure of the House for words spoken in debate. The subject was referred to the Committee of Privileges, who, in an elaborate report, cited the preced ,nts bearing on the case, and recommended that Mr. Barry should be deprived of his privileges till atonement 'i • ■ j4 ii hit I 8 rOLITICAI. REVIi:W3. \v<'is mride. IIo took hU scat in (lefiaiico of the 11 on.-c, was arrrslrcl, and rommiltccl to j;iil. 'riii' fiti/ciis of Halifax j^cii- crally syniiiallii/cd wiili Mr. l>an-y, and a mob lioolcd tliu mcnibci's and pcllcd ilicin wiili snow-halls, on (lu; adjournment. Mr. IJarry was detained in jjrison till the House rose, when he was liberated by the prorogation, and conveyed in triumph to his house. Durin:Lf his imprisonment, and for more than a year thereafter, he continued to publisli k)ng letters in the newsj)apers, in which the report of the Committee of Privilefres was severely criticised, and everybody who happened to diU'er with him was rouijli ly lian( lied. Mr. Howe, who had been a s|)eetator of the scene, took a moderate anil independent vi(,'W of the (juestions at issue. lie thought Mr. Barry was to blame — that his manner, ev(>n more tiian his language, was insulting to the House, and that all the subsequent proceedings flowed naturally from the first od'encc, which ought not to liave been given. It required some nerve for a young man, without standing or inlluence, to express these oi)inions, in the midst of a community so excited that they had pelted their representatives. They were expressed, however, desi)ite the remonstrances of his friends and the threats of Barry's partisans, Avith whom, and with that gentle- man ])ersonally, he was at once involved in controversy. He did not llinch, however, but revi(!wed the whole case in a series of articles, and had the satisfaction to iind that the stand he had taken was very generally approved. Towards the close of this year, I find a long editorial, reconnnending the formation of a Mechanics' Institute in Halifax. It was not founded, however, till three years later, when Mr. Howe read the inaugural address on the lllli of January, 1832. In this volume, also, I find the first of those reviews of public affairs in New Brunswick, Prince Edward Island, and Newfoundland, that subseiiuently became popular, were ex- tensively read in those Provinces, and which, at a later period, had a tendency in them all to strengthen the hands of ilie progi'essive j)arties, and to lead to the establishment of sound principles of government. ■1 DRAXDY DISPUTE. 111 iter, of of uid lex- |t)cl, I ho llld III 1830, wo find iho first of a scries of " Legislative Reviews," tlie coiui)()sitioii of wliieli — mid they were eontiiiued Iroiii year to year — familiarized the writer's mind with the measures then before the country, and graihially wrought the conviction that others Avere re(iuired. Thi; " Brandy dispute," as it lias been culled, broke out towards the close of this session. TIk; House aiul C\)Uiicil came into violent collision, and tin; lli'venite bills were h)st. The debates were aiiimutt>tl and exciting, to a high degree. The late S. G. W. Archibald led the i)oi)ular l)ai'ty, with a l)rilliancy and daring that astonished even his most ard(Mit admirers. Richard Uniacke, one of the handsomest men of his day, led the forlorn hope that stood by the Council, .lohii Young, Alexander Stewart, Charles Fairbanks, J3eamisli Mur- doch, and others, discussed the points at issue with more or less ability. A general election impended, and came in the course of the summer. Into this exciting contest, Mr. Howe threw himself with ardor and indomitable perseverance. He reviewed the documents and debates })ut forth on each side ; and, both before and during the elections, gave to Mr. Archibald and his friends the benefit of a searching criticism, and of an animated defence. All the leading men of the popular i)arty were returned, except Murdoch, and the country naturally looked for some results commensurate with tlu^ fierceness of the contest, and the apparent importance of the princj[)les involved. But no results followed, at all calculated to satisfy expecta- tions that had been so highly raised. New Revenue bills were passed, but no atonement was exacted for the sacrifice of the old ones. The leader of the })opular majority was put aside, and his rival was appointed Chief Justice. The Council still retained their ancient constitution, and excluded the public from their deliberations. Under a threat of collecting the Quit Rents, a permanent adtlition of c£i2000 a year was made to the Civil list, withotit any stipulation for the suiT(>nder of the Casual Revenues. Long debates on the cost of the judi- catory ended in nothing. Motions made by John Young or Herl^ert Huntington, for a retrenchment of the public expendi- ture, were laitghed at and rejected. The country was uneasy and dissatisfied at this state of things, and JNIr. Howe expressed i jif 1 1* ^ ' i m t ' I'l' r' fi ill 10 CURRENCY QUESTION. tlu'ir f(M'lings, and his own, in lani^uiige wiiicli often gave to the prominent men of the day great oll'ence. In 1834, Mr. Stcnvart moved a series of resohitions touehing the constitution of tiie Council, wiiich were seconded ])y Mr. Doyle. Animated and very interesting debates ensued, but no changi; was made. Tiie opposition, balHed, divided, or intimi- dated, by the government, made no advances, and gained no solid advantage. From tiiis period, Mr. Howe seems to have taken a bolder and more independ(;nt position. His editorials attracted more and more attention, and were ft)rmally denounced by zealous partisans of government in tiie House. He recom- mended that the men who had been elected to improve the institutions of the country should go forward and do their work, or that men of more vigor and determination should be sent to supply tiieir places. Many enemies were made by this independent course, but his reputation daily extended and his pen began to command a i)retty extensive influence. Mixed up with the politics of that day was the currency question. The government had issued large quantities of Pro- vincial notes, irredeemable in gold or silver. The Halifax bank had done the same. The usual consequences resulted. The precious metals were driven from circulation. Paper was depreciated, and commercial panic and distress ensued. Inde- pendent men, both in the Legislature and out of it, saw the necessity for grappling with this tremendous evil. A battle commenced, which ran over two or three years, and only ended when banks were compelled to pay gold and silver on demand — when they were restricted to the issue of £5 notes, and when the surplus of Province paper was withdrawn. The Parliamentary leaders in this conflict for sound princi- ples of finance, were Judge Bliss, Charles Fairbanks, Herbert Huntington, and others. Outside, The Nova Scotian lent to the cause great assistance, and its editor only ceased to labor for it when the victory was won. Up to this period, 1835, I have not been able to find on record any speech made by Mr. Howe. He may have spoken occasionally at commercial gatherings or at the meetings of one or two local societies with which he was connected : but if TIHAL FOR MUEL. 11 Oil ten lof lif hr (lid, no rrport of those cirorts, whatever they w(>re, over a|)|)e!ire{l,!in(l lh(> ry of the first speech included in this ct)llection. For many reasons it may be regarded as one of tin? most remarkable. As a forensic effort, aimed at the consciences and sympathies of a jury, by a man who had never addressed a court before, and never did again, it was most successl'ul. As an ingenious argument, addressed ])y a layman to a h'gal tribunal upon an important branch of tlu; law, it is sulliciently curious. But when we con- sider that a municipal system that had existed for nearly a century was smitten down in a day by this single speech, and never recovered from the effect of the blow until superseded by a liberal Act of Incorporation, its value, whether regarded as an appeal to the passions or to the good sense of the community, can scarcely be overestimated. To deliver such a speech, at sucli a time, required some moral courage;. Responsible gov- ernment was then unknown to the institutions of British America. There was not an incorporated city in any part of the Provinces. They were all governed, as Halifax was, by magistrates, who held their commissions from the crown, and were entirely independent of popular control. Neglect, mis- management and coiTuption, were perceptible everywhere, and nowhere had greater dissatisfaction been created than in the capital of Nova Scotia. The remedy for all this was not very clearly discerned in 1835, but a sense of the grievance was universal. Immediately after Mr. Howe's acquittal, all the magistrates in Halifax resigned. An attempt was then made, by the selection of others, and by the appointment of a legal gentleman as Gustos, to retain the old system, but it only staggered on for a few years longer. The cry for an Act of ■til ' 12 TniAL FOR LIIIFL. I lU IiiciM'ponifloii bcciiiiic (l;iily iiiorc loud iiiid <;cii«'riil, and f^Mtlicrcd strciii^Mli as the dciiiiuid for iminici|):d rcforrn in the iiiotlicr couiitry ciiiiit', wiirtcd jutosm \\\r Atlaiilic, in cviTy mail, la JSIO, Air. II()\V(! went into the Provincial C'aljinct stipulat- ing for rcsponsihli! gov«'rinn(Mit and lli(» incorjxjration <•(" Hali- fax. A bill was brcnif,dit down in the .session of 1N4I, and .soon aflcr, lie had the satisfaction to sei; the old system which he had attacked and exposed, swept away, and his native; town dollied with ninnicipal privile<,'es and secnritics, in the enjoyment of which it could (lom'ish and expand. 1 have thought it best to giv(; tin; report of this trial entire, ns it appeared in tlu; papc^rs of the day, and in a small pami)hlet now almo.st entirely out of print. 1 did not hoar IVIr. Howe's defence, but I have hciU'd him lauf^hingly describe tlu; circum- stances which compelled him to its })reparation and tlelivery. "1 went," said he, "to two or three; lawyers in succession, showed them the Attorney General's notice of trial, and asked them if the case could bo successfully defended? The answer was. No. There was no doubt that the letter was a libel. That 1 must make my peace, or submit to fme and imprison- ment. I asked them to lend me their books, gathered an armful, threw myself on a sofa, and read libel law for a week. Ey that time I had convinced myself that they were wrong, and that there was a good defence, if the case were properly prcM iited to the court and jury. Another week was spent in selecting and arranging the facts and public documents, on which I relied. I did not get through before a late hour of the evening before the trial, having only had time to write out and commit to memory the two opening paragraphs of the speech. All the rest was to be improvised as I went along. I was very tired, but took a walk with INIrs. Howe,* telling her as we strolled to Fort Massy, that if 1 could only get out of my head what I had got into it, the magistrates could not get a verdict. 1 was hopeful of the case, but fearful of breaking down, from the novelty of the situation and from want of practice. I slept ■} * Jlr. IIowc m.irric'd, in 1828, Ciitharinc Susan Ann JLic Nul), only daughter of Captain Jolm Mac Nub, by whom lie iias iiail ten I'liililivn. >ctJn< IK h I )mniit Lll the lircM led to 1 hud \\ was 111 the -Icpt I THIAL FOR LIIIKL. 13 i soniidly iiiul went ni h in the iiioriiiiif^, si ill h:\rrr\ssod with d()iil)ts ;tnd fnir-i, which pjisscd oil', however, tus I hcuaintj! (!on- M'ioiis that i \, - {•oiiim!iiidiii;L( the aftciitioii of the court iiiul jury. I was nnu-h i liocrcd whcu I saw the tears rolliu",' down one old ^'cntlt laiui's eheek. I thoui^dit he would not convict nie if he could help if. J ?^r;ireely expected a unanimous verdict, us two or tlir« '■ of ihi- jurors were connections, nion; or less remote, of somt; of the justices, but thouj^ht they woidd not agree. 'I'lie lawyers wero all very civil, but ImifJfhed at mi; a good deal, cpiotinj^ the old maxiiii, that 'ho who pleads his own case has a fool for a client.' But the iuugli was against them when all was over." 2 ki'or of TRIAL FOR LIBEL. rl THE KING vs. JOSEPH HOWE. Tiir. special jury summonoil to try this ciiu.-c Imvin-j: been called, eleven only answered to their nanies. One gentleman who had been a nianristrate, was excused IVoni serving l)y the court, and the Attorney General having prayed a tales, the following persons were sworn: — CiiAiiLKS J. Hill, Kor.KUT Storv, EI)^vAUD PuYoit, Jan., jA5ti:s H. Rkynolus, David Hall, Edavaud Greex .vood, Joiix Wi:lxi:ii, Ror.KiiT Laws ox, AncriD. M'DoNALD, Samuel Mitchell, Thomas A. Bauek, DUNCAX M'QUEEX. Mr. Hill having been appointed foreman, James F. Gray, Esq., opened the case with the following Ad- dress : — Ml/ Lords, and Gentlemen of the Jury, — It becomes my duty, as one of the retained counsel in this case, under tlie direction of the Attorney General, to open the eliarge and ex[)lain the principal circum- stances connected with it. Altliougli this charge is not one of common occurrence here, it is well known to the law, and is provided for by fixed legal principles. The indictment in this case, after setting forth the usual inducements, states the particulars on which the charge is founded. As it is not usual for the officer to read the indictment in libel cases, tlie opening counsel may feel it liis duty to explain its particulars, so as to enable the jury to understand the nature of the charge. Tiie indictment states, that on the first of January, a certain libel was p>d)lished in The Nova Scotian newspaper, with a view to injure and degrade, and bring into disgrace, the magistrates of the town of Hal- ifax. The libel, which is described as ialse, infamous, defamatory, and malicious, was signed One of the People, and containeil charges on which these counts were laid. [Here Mr. Gray read, and made brief (14) TRIAL FOR LIBEL. 15 as )rtli ibel libel find [al- Ixnd oil l-ief I 4 remarks on, the letter as contained in the indictment.] To this indict- ment. Mr. Howe pleaded, and declared liimseU" not guilty. On this the usual steps occurred ; and now, gentlemen of the jury, you are impan- elled to investigate the circumstances of the charge ; to try whether the defendant has published the letter charged, and wliether it comes under the denomination of what is called in law, a libel. The letter was contained in a newspaper of which Mr. llowe is the acknowledged editor and proprietor. When the publication was made, the magis- trates applied to the Governor, praying that such a course should be adopted as would bring the matter before a court of justice. His Ex- cellency transmitted the application to the Attorney General, and placed the affair in his hands. The law olficer, in virtue of his office, has more power than any other advocate, and of two courses he miglit make choice of either. lie could have filed an ex-ofUcio information, on behalf of the crown, which, without any preliminary inquiry, would place tlie defendant upon his trial. That course he did not ado[)t. I am glad that he did not, although the practice has been freijuently resorted to in England. lie adopted a coui'se more consonant to the principles of public liberty ; he laid the charge before the Gi'and Incpiest of the county, a bill was found by them, and now Mr. Howe takes his trial as he would for any other criminal offence. He is put upon his trial as tlie publisher of a letter which is designated a libel. It may be said by some, why prosecute the publisher ? Why endeavor to punish him, instead of the author of the alleged libel ? Tlie answer to this may be given by saying, that it is the publication which constitutes the offence. In this case it will be shown, that the letter was published, and that Mr. Howe was the instrument of publication. The proprietor of a newspaper is liable for all which appears in that paper. Even if he were ignorant of a matter until it came before the public, still is he held responsible ; when he undertakes to manage a paper, he is answerable for all that appears in its columns, and he should be so answerable. If in all cases the author should be resorted to, how is the author to be found ? Or, if an author were given, might it not be in the following manner: — not intimating, however, that Mr. Howe would act in the supposed manner ; from Avhat I believe to be his spirit, I would conclude that, in any case, he would rather appear himself than give up an author, — but suppose that it was obligatory to proceed against an author rather than a printer, might not the publisher give the name of some person without property, from whom a fine could not be exacted, and to whom confinement in a prison would be provision of food and U^ .n v i- iP IB: ' ■).k 16 TRIAL FOR LIBEL. lodging? The publisher is the person guilty of the ofFence ; between him and the public the question rests. He should be guarded as to what he publishes, and so guardtxl in doubtful cases as to be able to make amends for any difficulties which may ensue. A libel in law, is d(!fined to be a malicious defamation, elt'ier by writing or i)ictures, tending to blacken the character of the dead, and thus to excite the living ; or reflecting on the living so as to injure rep- utation, and to endanger the peace of society. As regards public per- sons, official characters, magistrates and other functionaries, the law considi'rs a libel a higher offence than when committed against private individuals. When committed against persons in authority, the crime is looked upon as an attack on the government ; not only as a breach of the peace, but as a scandal against all authority. You, gentlemen, are to say whether this publication comes under this description ; whether it is directcil against a body of magistrates, and is calculated to bring such a l)ody into contempt, disrepute, and disgi-ace. "We will have to jirove, not only the publication of this letter, but that Mr. Howe published it, and that its intention and design is as laid in the indictment, to injure and degrade the magistrates. Having done this, as the law formerly was, we might stop ; you would have to pronounce on the fact of publication and the intent ; and if enough on these points were shown to you, our ease would have been complete. But in conse- quence of great exertions of English lawyers, an alteration in these matters has been made ; cases of libel are now placed on the same foot- ing as all other criminal cases ; the jury are made judges, taking the law for their guidance from the court. This enables a jury to take a view of all the circumstances of a case ; formerly the court had the sole consideration of the question of libel, now it is for you to say whether or not the matter charged is of a libellous nature, as well as to say who is the publisher, and what his intent. One ingredient in a libel is mal- ice. Before the passing of the statute alluded to, the question of malice was virtually referred to the court; and if malice was to be inferred, the legal inference was, that malice was contained. Now it is for the jury to decide on this, as on the other features of the case. Malice has not the same meaning in legal, as in common language. By legal malice is meant, that the party charged did an injurious act which he was not justified in doing. If a libel be published calculated to do evil, to bring persons into contempt and disrepute, such a publication must be sup- posed malicious until the contrary be shown. But the contrary cannot be shown, except by proving the publication accidental, or accounting for it in some way wliich is impossible in this case, for the proprietor of a TRIAL FOR LIBEL. 17 ring Hip- It be n- it )f a :i paper is responsible for all that appears in its columns. If so, then the present defendant is guilty of publishing a malicious libel : he has pub- lished that which has a tendency to produce disgrace and contempt towards certain persons ; and the law infers that he did it maliciously. As regards the mode of prosecution, — this libel is not aimed at any one individual ; no one is selected as a particular mark ; if a i)articular person or persons had been selected, you would not have found the indictment laid by the whole body. This dilfercnce exists between a proceeding by indictment, and one by civil action. Under an indict- ment, the proof of truth or falsehood cannot be allowed; the question is concerning the cominital of an injurious act. I am instructed to say, that nothing would be more desirable to the magistrates tliaii that such proof could be allowed ; but it cannot. In indictments, the king becomes a party in Ijehalf of the public against a person who is charged with some act injurious to good government. If an individual liad pro- ceeded by indictment, you might say — although I do not intimate that you ought to say so, for true or false, a matter of injurious tendency should not be published — but you miglit say, tlie person who comes for- ward in this sheltered manner does not deserve such a shelter. No such objection can be made in the present case ; the magistral os have no right to hold a civil action; as a public body they cannot seek redress by private action. They had no remedy left except to proceed in the present mode ; and, in this mode, the prosecution has been conducted in the most liberal manner. Tlie grand jury have passed their opinion on tlie case, it appears in this court, and here you are made the judges of it. But suppose justification could be given in any such case, is this such an one ? Is a jiarticular person injured here, or a particular num- ber of persons ? No, but a whole body. Is the present time only alluded to ? No, but the long period of thirty years. This body, during that period, is charged with having dishonestly pocketed public money. Is such a charge capable of justification ? How many of them have han- dled public money ? Several of the body charged, now alive, and some now no more, have performed public duties, without any benefit to them- selves ; they have acted as guardians of public order without ever hav- ing been receivers of public money. Yet this charge affects all. I wish that justiiication could be allowed, for it would iall short; it would be in vain for the defendant to prove against one, two, or three ; he should show that the whole body were guilty, or justification could not be sus- tained. Under this libel, which of the body charged can say that they are innocent ? it allows that all are not guilty ; but who can say, I am one of the innocent men alluded to? If no notice were taken of this 2* »i. «' 1^ I- I m ft 'I I Hi |1;! ■' i£' i 'k li h.m r 18 TRIAL FOR LIBEL. i I \: ' 1 1 matter, it might be said, such and such charges were made against the •whole body, and no steps were taken to rebut them. This consideration induced the prosecution, but many of the magistrates regretted that it could not be brought in anotlier shape. It is impossible for the jury to say tliere is not sulhcient defamatory, malicious matter in this letter, to constitute a libel. The defendant stands charged with every passage taken together, and with each taken separately; one pai't does not alter the effect of another ; the persons excepted are not designated ; all are charged in general terms. Caution at least would have been expected from the defendant. It may be said, who does not know the persons more particularly alluded to? "Who is there that cannot select those charged in the publication? But I ask, is this confined to the town of Halifax? Is it confined to the Province of Nova Scotia? The ability of the publisher of this generally well-managed paper, has extended its circulation over (he neighboring Provinces and States, and this libel is disseminated wherever the paper goes. If in a foreign land, one of those charged were, very naturally, to take some credit for having served in an honorable office, it might be said, for that very reason you are sub- ject to disgrace ; the body to which you belonged were publicly charged with wrong-doing, and you stand as one of the implicated. None of the magistrates, none of their connections, but might meet with such insults, and all owing to the publication of this libel. The talent and industry of the editor, which occasioned the wide circulation of his paper, instead of giving a license, ought to furnish additional reasons for caution and prudence. The liberty of the press is a theme with many; but if the liberty of the press is to justify every publication, then, no matter what we said, who Avas injured, none could get redress. The lib- erty of the press has been defined to be a liberty to publish thoughts, subject to legal consequences. Is this such a candid discussion of pub- lic measures or men. as could be tolerated ? far from it. If a belief were entertained that certain of the magistrates were guilty, the sup- posed guilty persons should have been named in the charge ; those acknowledged to be innocent Avould not then be implicated ; although the letter would still contain a libel, because there were other modes of correcting the evils complained of. The courts of just'ce were open, in which complaints might be made, and would be attended to; by a peti- tion to the Governor, the dismissal of a guilty party might be procured ; so that if grievances existed, and the truth only were published, it would not be justifiable, for no necessity could exist for the publication. Dis- cussion respecting public men should be confined to public measures, and to the manner in which public duties were performed ; but this sweep- M. TRIAL FOR LIBEL. 19 ing oi'iminnfion coukl not be at all justified; if it wore, worse effects woiilil follow than would result from any restriction of the press. Tlioro is no doubt that the counsel for the prosecution are contending against the poi)ular side of the question; but juries in Halifax have always done justice between parti(}s, uniniluenced by such considerations. I am sure, gentlemen, that you will Ireely and properly decide as to the merits of the case; you will say whether the charges in this letter are such as should have been made, and whether their nature or their con- sequences call for consideration. Whatever your verdict may be I shall be satisfied, and will now leave the question in the hands of those, who, I am confident, will act justly in the matter. Hugh Ulackadar was called on the part of the prosecution to estab- lish the publication of the alleged libel. Mr. Blaekadrr did not answer, and ]Mr. Howe immediately admitted that he was the proprie- tor of The Nova Scotian,and that the article had appeared in that paper, with his knowledge, on the 1st of January last. The Prothonotary then I'cad the letter, which is as follows : — f\ \o.n, in. peti- lured ; kvould Dis- Is, and kveep- ' ' Tlicrc is no truth at all i' the oracle ! The Sessions shall proceed— this is mere falsehood.' SlIAKSPEARE. " IMiJ. IIoAVE : Sir, — Living as I do in a free and intelligent country, and under the influence of a Constitution which attaches to our rulers the salutary restrictions of responsibility in all matters of government, is it not surprising that the inhabitants of Halifax, should have so long submitted to those shameful and barefaced impositions and exactions, which have from year to year been levied on them, in the shape of town and county taxes. Repeated attempts have from time to time been made, by independent-minded persons among us, to excite amongst their countrymen some spirit of resistance or opposition to those unwarranta- ble and unequal exactions, which have been drained from the pockets of the pul)lic. But it seems to me that the torpid indifference to public matters which has hitherto been the general characteristic of the peo- ple, has at length become quickened and aroused by a calm and delibe- rate reflection on what must be their future condition if they any longer neglect to look after the servants of the state. In a young and poor country, where the sons of rich and favored families alone receive edu- cation at the public expense — where the many must toil to support the extortions and exactions of a few ; where the hard earnings of the peo- ple are lavished on an aristocracy, who repay their ill-timed generosity ni !■*. m' il II i: II 20 TRIAL FOR LIBEL. ■with contrmpt find insult ; it rcqiiires no ordinary norvo in nif-n of moilcrate circumstances and InunbU; pretensions, to stand forward and boldly protest against nicasiu-es which are last working the ruin of the Province. Does there, Mv. Editor, exist in any free stj;te, save Nova Scotia, a responsible niiigistracy, who would for thirty years brav(! and brook the repeated censures of the press, without even attempting a justification of their conduct, or giving to the public some explanations that might refute those vnjifst and h'eentlous libels, which have I'epeat- edly been a disgrace to them or to the j)res3 of the country. Are the journals of our land exclusive ; do they admit only the wild and reckless portion of the people, and shut their columns against the sober and dis- creet supporters of the men in power? I cannot think this, IMr, Howe ; and yet weeks have elapsed since charges too grave to be slighted and too plain to be misunderstood, have been i)laced, through the medium of the press, before the eye of the ])ublic, and yet no champion of the sacred band has taken the field to deny or to explain. I candidly and willingly admit that there are in the ranks of the magistracy, individuals justly entitled to the esteem and respect of their fellow townsmen, but they have mostly left the arena, disgusted with the scenes that were enacted by their more active and energetic brethren. I will venture to afHrni, without the possibility of being contradicted by proof, that during the lapse of the last thirty years, the magistracy and police have, by one stratagem or other, taken from the pockets of the people, in over exactions, fines, etc., &e., a sum that would exceed in the gross amount .£oO,000; and I am prepared to prove my assertions whenever they are manly enough to come forward and justify tneir conduct to the people. Can it not be proved, and is it not notorious, that one of the present active magistrates has contrived for years to filch from one establishment, and that dedicated to the comfort of the poor and destitute, at least £oOO per annum? Can it not be proved, that the fines exacted in the name and on the behalf of our Sovereign Lord the King, have amiually for the last thirty years exceeded £200; and of this sum His most Gracious Majesty has received about as much as would go into the royal coffers, if the long dormant claim of the Quit Rents was revived imi)rudently. Is it not known to every reflecting and observant man, whose business or curiosity has led him to lake a view of the municipal bustle of our Court of Sessions, that from the pockets of the i)Oor and distressed at least £1000 is drawn aniuiallj'-, and pockiited by men whose services the country might well spare. These things, Mr. Howe, cannet much longer be endured, even by the loyal and peaceable inhab'iaiii-: of Nova Scotia. One half of the most respectable of the middli\ig orders have I TRIAL FOR LIBEL. 21 this yoar boon suod or summoned for Ihc amount of fhoir last years' poor and county rates ; and nearly the whole town Iwive aitpealed or are murmuring at the extravagant amount of the assessment for the present year. I will venture to affirm, and have already affirmed in a Ibrmer number, that £1500 ought to defray all ordinary expenses for the county ; ami by the speech of His Excellency at the opening of the session, we are informed that the people of England have, with their wont(.'d gen- erosity, relieved us of a large ])ortion of the extraoi'dinary expenses which the visitation of Providence rendered necessary. In fine, Mr. Howe, the affiiirs of the county have been for years conducted in a slovenly, extravagant, and unpopular manner, and the peojjle have been entirely in the dark, as regards the collection and a])propriulion of their monies ; but they have now amongst them a Clsief IMagistrate, who has jdedged himself to be candid, and I trust we will find him impartial also. I am neither a flatterer nor physiognomist, but I cannot help observing in the martial tread and manly mien of our present Governor, some of the outwards features of the late Sir John Sherbrooke, and if the inward man be corresponding, there is yet some hope for Tub People." 't! one ions, ,000; lanly Can ctive and » per and the cious ffers, :ntly. iuess our d at Is the ;nuch ova have Mr. Howe inquired of the court wh«!ther he were not entitled to the names of the prosecutors. The chief justice answered that the court knew nothing on that subject ; they referred to the Attorney General. The cause was brought before them by the grand inquest of the county, and should be tried in the usual manner. Mv. Howe then entered upon his defence, and spoke to the following effect : — 7)^/ Lords and Gentlemen of the Jury, — I entreat you to believe that no ostentatious desire for display has induced me to undertake the labor and responsiI)ility of this defence. Unaccustomed as I am to the forms of courts, and to the rules of law, I would gladly have availed myself of professional aid ; but I have felt that this cause ought to turn on no mere technicality or nice doctrine of law, but on those broad and simple principles of truth and justice to which an unpractised speaker may readily appeal, and which an impartial jury can as clearly comprehend. I have felt besides, that if the press is to be subjected to a series of per- secutions such as this, it is indispensable to the safety of those who con- duct it, that they should learn to defend themselves. Believe me, also, that the notoriety and excitement of this proceeding, are foreign to my taste. Men of my profession, whose duty it is to min- gle in public contests, and while watching over the general interest, to \l ~i IW 1: m.ku 22 TRIAL FOR LIBEL. wrestle with llio>o who menace or invade, are too often reproached with the invidious tasks tliey iicrfonn; jind siispcjcted of a morbid fondne.s.-} for contests, into whicli tiicy an; impelled, by a sen?c of the oblij^ations that public faith, and common honesty, call on them to discharge. Those who know me best, well know, that I would rather give tlie little leisure that a laborious lift; alTords, to my books and my fireside — to the literature that ennobles, and the social intercourse that renders soci- ety dear, rather than to those bickerings and disputes by which it is divided; and by which man is too often, without sulHcient cause, set in array against his fellow man. Dut, my Lords and Gentlemen, while this is my disposition, and these my favorite pursuits, I have too strong a sense of wliat I owe to my profession, and to tlu; well being of the community in which I reside, to shrink from any peril — from any responsibility or toil, that the vital hiterests of these impose. I have never done so — and though often sorely beset, and mentally and i»hysicully, if not legally trieil, I have endeavored at all hazards, and sometimes against fearful odds, to keep on u course of consistent public duty, from the even line of which no consideration could sway me to the right or to the left. In obedience to that sense of duty I now stand before you, to answer to the charge con- tained in the indictment which has been read and ex|)lained to you by Mr. Gray. To that indictment I have pleaded Nut Gtiilfi/, and I am now to explain to you why I conceive that I have been harshly and yet innocently arraigneil. And here I may be permitted to thank Heaven and our ancestors, that I do not stand before a corrupt and venal court, and a packed and I^redeterrained jury, to contend against those horrible i)erversions of the constitution and the law, by which justice and common sense were formerly outraged, and by which many an innocent and virtuous man lias been cruelly condemned. Aided by the talent and the independent spirit of the English bar, and by the intelligence and determination of English juries, the press has long since achieved a triumph, which, without placing it above the law, or endowing it with any mischievous privilege, has formed its chief security and defence. Formerly, in cases of libel, instead of the jury being called on to give a general verdict, founded on their own view of the law and the facts, they were directed to determine only whether the matter in question had been published by the party arraigned; and if it had, the judge assumed his guilt, and a wicked minister often awarded the punishment. But, thank God, those days are passed. Such a prostitution of judicial power can never occur again under the shadow of the British law, for no jury within the wide ■1 \\ -»n TRIAL FOR LIBEL. 23 \^' hcc.'^tors, Iked and of the c were us nuui ,)eiidcnt iition of which, Ihiovous n cases |verdict, i reeled lied 1)y and a [1, those |r occur e wide '•! circle of the empire, would pulmiit to such an infraction of their privi- lege, even if a judge could he found daring enough to attempt it. Men charged with lil)el are not now to he tried hy the mere fact of puhlica- tion, nor even hy the tendency of what they print, tiiough that may bo most evil and injurious ; hut as they are tried for all other crimes — hy the intention, the motive, witli wliich they committed the act. If, in resisting a l)urglar, 1 knock my frieiHl upon the head, I cannot he con- victed of crime ; and if in op[)osing a pultlie robber, I ntterly destroy his reputation 1)y th(; exposure of his malpractices, the jnry try me by my motive, not by the severity of the infliction, unless the punishment be utterly disproportioned to the crim<\ Nay. if in iierforming this justifia- ble act, r, without any bad design, inflict some injury on the innocent, the jury h.'ivc.' the right, on a careful review of my conduct, to balance the object in view against the unintentional evil, and to give me a dis(,'harge. To fix and determine these principles, cost years of litigation, and legis- lation, and although our hearts might be nerved, and our feelings .subli- mated, l>y turning back to the fiery ordeals through which they passed, I will not now occupy your time with references, that I know the clear and distinct direction of the bench will render unnecessary. Their lordships will tell you that you arc the sole judges of the fact and of the law ; and that although every word of what I have [)ublished were false, and its tendency most injurious, that you are to try me solely by the motive and intention by which I was controlled. Nor, gentlemen, were such the case, would I be afraid to be so tried ; even then I would rely on your firmness and sagacity, confident that you would vindicate your rights and do me justice. And if, in a situation of so much greater peril, in a position ten thousand times more invidious, I could appeal to the court, the jury and the l.aw ; with how much more security and confidence may I not only rely upon your verdict, standing before you as I do, for pub- lishing what, had the opportunity been afforded, I would have convinced you was true, and the tendency of which has been and must be most salutary and beneficial. And here may I not ask if it is not a most extraordinary thing, that men whose conduct has been publicly and fearlessly arraigned — that men who pretend that they have been injured, and that an ample inves- tigation is indispensable in order that their characters maybe cleared — should have brought thfjir action in such a way as to defeat the very object they pretend to have in view. If they were serious, why did they not bring their action on the case, lay their damages, and submit their administration to the most ample inquiry? But they have chosen their course, they have made their election, and depend on it they shall 4 i 'i I '» ■ 24 TRIAL FOR LIBEL. Iiavo the full benefit of every julvantiigo it nlTonl:?. Shortly after the piildicMlion of the letter reeitecl in this iiidietment, a notice appeared in the Halifax Journal, re(|iie-;tinj^ tlie piil)li»! to suspend their opinions until the magistrates eould eonio Ibrward and i)rove the; falsity of the charges in a court of justice. The public have suspended their opinions ; you gentlemen of the jiny have doubtless suspended yours, waiting the promised proof ; and now you sec the way in which it is to be given. Could you be conviiice(l of their innocence, unless I were permitted to bring evidence — why then have they brought their action in a way that renders that impossible? Why have they i; >t ailbrded the means indis- pensable to a calm and enlightened review of their public conduct ? Gentlemen they dared not do it. Yes, my Lords, I tell them in your presence, and in the presence of the comnmnity whose confidence they have abused, that they dared not do it. They knew that "discretion was the bcitter pai't of valor," and that it might be safer to attempt to punish me, than to justify themselves. There is a certain part of a ship through which when a seaman crawls, he subjects himself to the derision of the deck, because it is taken as an admission of cowardice and incom- petence ; and had not these jobbing justices crawled in here through this legal lubber hole of indictment, I would have sent them out of court in a worse condition than Falstaflf's ragged regiment — they would not have dared to march, even through Coventry, in a body, [^--'^^d^^^ci' and aj^plause, which were suppressed by the court and officers,] How dilferent has been their conduct and mine. They have shrunk from inquiiy, though they have strained after punishment. I have in every shape dared the one, that I might, so far as laid in my power, be able to secure the otlier. They have filled every street and company where they appeared with com[)laints of fals ,1'ood and injustice. They have crammed the newspapers with libel cuocs to mislead or overawe. They have taken six weeks to determine on this prosecution, leaving their adversary but a lew days to prepare; and finally, they have brought their action by indictment, well knowing that the court could not admit evidence but on the side of the crown. Does this look like inno- cence.'' — is it candid — is it fair? Can a body against whom grave charges have been preferred, present this mockery of an investigation as a full and sufficient answer to the public ? How different has my conduct been. From the moment that I heard of this prosecution, I refrained from all publications that might by any possibility influence the public mind. I have neither sought to deprecate the wrath of their worships, *o excuse, to justify, or explain. But I have taken every pains that the even course of justice should not be disturbed, and now, >" f TRIAL FOR LIUEL. 25 after tlio ican'd ill ions until 3 oliargcs ons; you iting thu l)c given, nittt'cl to way that ms indis- uct? 11 ill your nee lliey liseretioii ttempt to of a ship e derision id incom- ough this P court in .-ould not Lnughter c shrunk have in )o\ver, be company They verawe. leaving .^y luive ould not kc inno- ►n grave igadon 1st has my ;ution, I Influence I of their In every Ind now, instead of seeking an escape by objections to the indictment, or eavilling at the iiisuirieiency of proof, I (ling myself fearlessly into the coutrst; and, so far as I can, shall endeavor to make even this one-sided prosc- ciilion (»f some public utility, by defending myself on the broadest possi- ble grounds. Had their worships brought their action on the case, whether they or I were worsted, would havi' l)een of little cons('(|ueiiee — the truth, tin; whole Irtilh, and nothing but the truth, would have been elicited ia th(^ course of the examinations, and the public mind woidd either have Itceii satislied of their guilt, or bavi; been soothed and trantiuilized by the most convincing proofs of their innocence. Were I to imitatt! their dis- ingenuous example, no public good could possibly arise. Jbit they have driven me to tlu! wall; they have sought to punish rather than explain — to silence rather than to satisfy. They have sought by tin*! and im- ])risonment to break the spirit of their accuser, rather than to clear thi.'ir characters by a fair and candid trial. They have placed me in the unpleasant and invidious jiosition in which I stand; before me this august tril)unal — behind me the county jail, and thtima- ble umon;^ th(.-m, and in spite of thin perseontion I still have, the most UMl)ounded respeet. lint this only extended to their private eharaeter.s. As ma;;istrates, haxinj,' the <;uar(liaiiship of morals and the pnldie peace; as the lej^islators of the eoinity ; the eolleetors and dispensers of its revenues; tho trustees of its property; th(! auditors of its aeeounts ; them, as you know them — as th e almoners ol its esliihli.^ninenls, I Knew tliem, as you Know tiie almost every man in the eonununily knows them, to be the most negli- gent and imheeile, if not the most reprehensil>le hody, that ever mis- managed a people's affairs. Had 1 not believed lliis to he the liu't — had not the; eoneurrent testimony of thousands in the eommunily im- pressed it strongly on my mind — had not the just eomplainls of those who were daily injured by the gross negleet of duty on the part of some, and the still grosser malversations of others, e(tntinnally resounded in my ears — had ncM my own experieiu-e and observation, and the reason- ing and caleulations of much shrewder minds, I'lirnished abundant proofs — had not grand jury after grand jury arraigned tho system which they uj)held — nay, had not my own labors as a grand juror abundantly convinced me that these charges were true, I should not have been standing hen; to-day to speak in my own defence, lor I would not have dared to publish the letter in w liich their conduct was censured and exposed. And can they bo so blind and weak as to suj)pose, that by punishing a printer, evi'U if that were possible in such a ease, tho public, for whose benefit their doings were unveiled, can be hoodwinked and deceived ? Can their characters, like the religion of Mahomet, be propagated by persecution ? They may expect much from the result of this trial; but before 1 have done with them, I hopc^ to convince them that they, and not I, are the real criminals here; and I shall be mis- taken if it does not prove the downfall of their imbecility — the gra^e of their corruj)tion. You would have been amused, Gentlemen, had you l)cen in court on Tuesday last, when this graven body marched in, with one of their num- ber at its head, who, with amazing power of face, read a resolution to their Lordships, that had been passed at a meeting of the sessions, tho purport of which was that they were most anxious that Mr. Joseph Howe should be allowed to bring evidence, in order, if ho could, to sub- TFilAl, von l.UW.L. 27 gr;r-e hurt on Muni- tion to Ins, the iTosopli lo i;ub- i (!tntiiiiiti' till' «Ii!irp:('-» roiitiiincil in iIh- I'iImI. Tlir pro«priition hml lircn oomnKiicctl at their Instanct' l>y thi- n-dwu oHiciTs — ti Hill of hulict- nion Mud rx|trrii'Mco oviTturncd, in order tliat tliai nii'_dit hr done, which they had previously taken every pains to prevent. Did this look like eonsci(Mis itniocenee ? AVeri' then' not some li'ijjal minds comiected with that hody, who knew that siieh a mi^-ion nuis ; wlio could liave explained thd natin-e of ilie law, and prevented tliat extraordinary <'xhiliilion ? If it proceeded from i^rnorance, what niu-t we thiidv of the satracity of tho hody — if it did not, what else was it, hut ii most harefacod attempt to deceive? It appeared to me as if lliey had !oa(hMl a field pii'ce. ])re- feiited it at the lireaMt liefore I have conclinletl, I hope to put them in the situation of the, unfortunate Irishman, who, to prevent the «'Xplosion, crammotl his \\']s, hold that the sessions may take cognizance of libel ; if so, I rejoice that their worships were not aware of the fact, for had they got me within their power, to be dealt with by their law, they would not have allowed me the privilege of addressing yon. In conducting this defence, I do not mean to say, and if I read the " 1, ' ' ■, I if w > l.i r i! li! ''<■: I I'tj 28 TRIAL FOR LIBEL. law aright, their Lor(l:^hips cf.nnot permit me to pay, that the charges in the paper published are true. The truth would he no dejence in a crim- inal action, as the magistrates very well know or they would not have brought it; hut I shall be permitted, and it is my duty, to show you the state of my own mind at (he tune I published the letter, in order that you may judge of my guilt or ii.nocence — ascertain my real motive and intention, and decide whether I deliberately did that which would tempt to a breach of the peace, or was laboring to restore and preserve it. This is my duty to you ; your duty to me is to try me as our Heav- enly Father tried us, not only by the acts we do, but by the purity of our hearts. Although upon the issue of this trial, the declaration can have no bearing (as the law makes me responsible for what I publish) it is per- haps due to myself to state, that I did not write one line of the letter mentioned in the indictment ; I never advised the preparation of it, and made no alteration of, or addition to it, so far as my memory serves, and this I state uj)on my honor, as I would declare upon my oath. But when the letter was sent to me, I did not hesitate to insert it ; because although many might be startled by the broad and general assertion, that so large a sum as £1000 a year had been taken from the [jockets of those who ought never to have paid it, I had satisfied myself, and if the opportunity were aflbrded, I would satisfy you, that by the neglect, incompetence and corruption, of the parties charged, we have been annu- ally despoiled of a ■nuch larger amount. And strong in that belief, I pul'lished the letter, and should have betrayed the trust I hold, had I caused it to be suppressed. Though I shall not seek to discover any flaws in the indictment, per- mit me to turn your attention for one moment to its language. I am aware that words that sound awkwardly in common use, often creep into legal papers ; still I cannot but think, that though the preface to this might be very appropriate, if I were found raising an armed insurrection against His iMajesty's Government, it is greatly strained, inasnnich as I have only rebelled against the majesty of the sessions. "The jurors of our Lord tlu; King upon their oath present, that Joseph Howe, late of Halifax, in the County of Halifax, i)rinter, being a wicked, seditious and ill disposed person, and being a person of a most wicked and malicious temper and disposition" — now of all this I do not complain; though it sounds liarshly, it is I Ix-lieve the usual form; and were there nothing more, I would leave you, gentlemen, many of whom have known me from my childhood, to judge of the maliciousness of my dis|)osition ; but there is another passage, which seems to have been introduced to 1 I i .'('{) into to this ■rection ich as I rors of late of JUS and ilicious thoiii^li lolliiiig 4 I TRIAL FOR LIBEL. 20 stlcrmatizc and dofamc ; and wlilcli, tliough it may be believed by a few persons about tlio sessions, will find no echo from your box or from this country. It is further set out that beiag such person as aforesaid, and '•greatly disafT'ected to the administration of His Majesty's Government in this province, and wickedly, maliciously, and seditiously contriving, ' devising, and intending to stir iip and excite discontent and sedition among His Majesty's subjects," etc. If this were true, I sliould consider it hopc'.i'ss to trouble you with any uofence; but for a full and sullicient answer to the charge, I may safely refer to what I have written, and you gentlemen have read. If I have preached sedition, you have encouraged me by your favor and support ; the country by which I am to be tried has rebelliously responded to my opinions. I might, there- fore, leave this language to pass for what it is worth, but I will just turn to one of my sermons on sedition, and contrast it with the character drawn of mc here. In the file of The Nova Scotian for 18G0, there is one of them, under the head of " England and her Colonies," which commences thus : — " When we hear the cry of disloyalty and disaffection raised in this colony, as a more full development of the powers of public bodies calls for a salutary reform; or when the {>eople are roused by encroachments, to di'ive local rulers within the circle of public safety ; we cannot but smile at the cunning of those, Avho, as they fail to satisfy the reason, seek to o])erate upon our fears." The obj'(>et of this article appears to be to prove, " That there does not exist, within the Avide range of the British Empire, a people more proud of the name, and more attached to the Government of England, than the people of Nova Scotia." This seems to be a strange text for a sermon on sedition. But observe, I further declare that I have " a well grounded conviction, that the foundations of loyalty to Britain, in the only sense in which that term ought to be used, are laid deep in the hearts of our countrymen ; and are not to be overturned by those petty contentions which may attend the improvement of our local government, or which are inseparable from the very resistance that a free jieople will, on all occasions, offer to the folly or encroachments of their rulers." After showing of what elements our poj)ulation is formed — that a part of it springs directly from the loins of the loyalists, and a larger part is made up of emigrants from the British Islands, and their descend- ant-, who find here "no circle of citizenship, into which it is necessary to force an entrance by a renegade abuse of England and her institu- tions ; " it ]iroceeds : — " But there are other grounds of attachment to England, besides a i rffi 30 TRIAL FOR LIBEL. .i^ I .J!i I I direct descent from tliosc wlio have been born upon her soil, or (lio?o ^vho have sulfored ex[)atriation in her cause. Tiioiigh the blood of Ihitons Hows in our veins, that would be of little consequence, if every thing else did not conspire to keep their spirit alive in our bosoms. The lan- guage which we speak, like a noble stream has come rolling onwards from the days of the Saxon IIei)tarchy down to^ the present time, be- coming in every age more pure and more expressive, bearing along the treasures of mighty minds, and sparkling with the coruscations of genius. Of that stream we are taught to drink from our childhood upwards; and in every draught there is si magic influence, turning our thoughts and our affections to the hallowed fountain from which it sprung. For enlarged and cultivated views — for the truths of natural, moral, and jjolitical science, we are indebted, in an eminent degree, to the statesmen and philosophers of Britain. Our souls are stirred by the impassioned elocjuence of her orators, and our feelings and taste are refined by the high inspiration of her poets. Nor does any servile feel- ing mix with our particii)ation of those treasures. They are a free gift from the Ibunders of the British empire, and the fathers of British literature, science, and song, to the children of that empire, and the inheritors of that language, wherever their lot may be cast. They are as much the property of a Briton by the banks of the Avon, the Hills- borough, or the St. John, as by the Liffey, the Tweed, or the Thames." Having stated the reasons why these strong impressions, many of which were cherished by the old Colonies, can never be effaced by any such train of circumstances as attended their unfortunate struggle, the disseminator of sedition goes on ; and although the extract may be tedi- ous, 1 must trouble you with it, because it gives to this jiart of the indictment an answer as complete, as I shall by and by give to the others : — "Those Avhose dreams arc disturbed by what they are pleased to call disalfected and republican tendencies ; who alfect to iear that this colony will, at no distant day, throw itself into the circle of the American Union, may gather from these facts, and many others, ample sources of consolation. "What is there in our circumstances or our feelings to jus- tify such a slander? "What is there so advantageous or so fascinating iia such a connection, as to induce a violation of the strongest and most hon- orable syin[)alliies that dislingui>h our population — which have grown with our growtli, and are strengthening with our strength? H' there were sucli advantages, — which we do not by any means admit, — our very pride would Ibrbid us meanly to seek a [)ar(icipation, when we had borne no part in the heat and burthen of those days of trial by which I '■'i TRIAL FOR LIBEL. 31 tmg in ;t lion- grown tlioro our had which I I I thoy wore obtained. Could wo join in the celobration of American fes- tivals, every one of which was a disgrace to the arms that have pro- tected, and not oppressed us, ever since we had a hut or a foot of land to deleiid ? Could we throw up our caps on the, fourth of July, and hail with triuni[)h a day, that made our iiuhers outcasts and wanderers on the earth ? Could we join heart and hand with a republic which fell upon the roar of Jiritain, when her front was presented to hostile Kuroix', in a struggle ibr the liberties of the world? "Were we to permit the Ameri- can banner to lloat ui)on our soil — if the bodies of our fathers did not leap from their honored graves, their spirits would walk abroad over the land, and l)last us for such an unnatural violation. '' Yet it may be said, that we have nothing to set against these national gratulations and glorifyings ; and that it is natural ibr us to sigh Ibr Washingtons and Franklins of our own ; and lor endless anni- versaries, to remind us of the deeds and the glories of our ancestors. We do not wish to disparage the names to which Republican America accords a high standing in her annals, nor to speak lightly of the ser- vices great men have rendered to their country; but is it possible that any subject of the British Empire — that any member of that mighty whole, can be at a loss for matter of gratitication and of priile ? Can he sigh ibr days to remind him of past glory, or names to make the blood stir al»out his heart ? Every i)age of our history is redolent of fame ; and there is not a second of the year unhallowed by some glorious reminiscence. The nation of which we make a part, and of which we are neither serfs nor bondmen, but free, equal, and unfettero'd mem- bers, has no parallel either in ancient or modern times. It extends to every quarter of the globe ; the sun never sets upon its surface ; and by whom shall its boundaries be defined? The seas are but high roads for its commerce; the winds but the heralds of its greatness and its glory ! iS'or arc its mighty energies wielded to oppress or destroy — but to protect, to enlighten, and benelit mankind. While Russia sends forth her armit's to seize some tract of territory, and to transfer millions of slaves from one species of bondage to another ; the children of Britain go forth to distant regions, obtain a triumph over unci, Itivated nature, carry with them their language and institutions, and lay the founda- tions of an empire. While the rulers of Austria, Portugal, and Spain, arc employed in tbrgiiig new fetters for the mind — in retarding the pro- gress of knowledge and improvement; the statesmen of Britain are engaged in working out those reformations which the active intelligence of a firo i)eople are continually suggesting. For ages has she stood like a beacon light upon the borders of the old world, luring the nations to ■Hi m ■'1 t.if- Ir lIL r- 1 f 32 TRiAf. FOR i.inr.L. h ; M M i !: Hi I Avcallli, iiitclIi^cMico niid IVccddiii. I'^'om rouiilrics llic mosl despotic :ui(l debased, the eyes of tlit' sImvc liavr wandered towards the imtiiieiiclied and iiii(iiieiiclial)le lire of r>rili-ii liberty; and liis sniri< has rejoiced in the assurance, that sooner oi' later M)iiie spark woidd fall np,)M th(! smothered energies of liis hnid. Advaiu'ing onwards by the •rnidanci! of her example, one ailer anollier, tiie nations are. breaking; their yokes upon the heads oC llieir la-k masters, and assertiiii^ those rii!;hts, lh(.' knowledge and advantaujes of which liave been tan.u;hl lliein by th(! example of Kii;j;kni(L 'J'hen is it from the fellowship of such a nation as this that we are tojro in search of a moir honorable I'nion? Arc Ave to (ly to th(> United Slates foi- food for onr pride, or for objeels and associations, aronnd which our fcclinjjjs and sympathies can clinjj;? JMnst we needs turn l\e[»nblicans, because our forefalhers have left us no val- uable iniieritance — no imperi.-hable monuuKMits of glory?" And it concludi's with the following sentcneo : — " Hc'-e are the true groinids of Colonial fealty to England; liere. are Hie real foundations of lovaltv in Nova Scotia. Here an; the seein'itios for the |iresen( ; hero are the a-suranc(>s of the futiu'e. And let those \vho now imagin(' that their eliai'aclers and their influence are, the only connecting links which biml this country to its '•falluM- land,' be assured, that long alter they li;ive gniie to their accoinils, and fatled from this Irausitory scene, — nay, ailer luindreils of similar sages have said iiii/) elKuacler is slandered.'' l>y a lictit)n of law, we are boinid to believi; that His Majesty is pres- ent in all his courts. 1 wi-li to Heaven that in this ease, that wen^ no liotion. I wish that His IMajesly really sal bi>side their lordship-;, and could hear those sontinienis eoulra^cd with the langu;ige of that iiidict- menl ; I doubt not he would do nii> ilie justice to wi-h that he had many more such preachers of scdiiion in his dominions. While [ sat in my ollice jienning these passag<'s, ^vhicli were to exelie disailection and rebellion, some of their woi'sliips were plundering the poor; and others by thi'ii" negU'ct, were tacitly sanctioning petty frauds and grinding exac- tions ; and if His Maje-ly sat njion that bench, while I i-oidd appear before him with my fdes. ;;nd >how him that I never publislicil a senti- ment that might not liavi> been written within his palace walls, and defended in any court in his realm, tlie-e j)ro.~eculors would shrink before the indignant glance of the Sovereign, wlio-e trust they had I i I "'"'Il Arc )rc,s- ;'r(^ 110 |s, !U1(1 iidiot- iiiaiiy in my |i and |)1 liens xac- jipear ;('iiti- aiul lii'ink had TRIAL FOR IJltllL. 33 al)iis('il. Ills INfajcsly would idl llicm ilial Iw wlio nilis llic snhjcct, makt's war tipoii (lie luii^ ; llial lie who delays or willilioiils jnstiee. cxeiles di-eoii(eiit and M'dition ; and altlionujii (liey niiijlil |inl on as Iiojd ji f'roni as lliey assnineil Ia( (hem, and not aiiainst me, (his hill ol" indie(men( should have been liled. 1 reirri'l, gendiMiien, (ha( iVom (lie nalnr(> of my defence, il will (akc n|i nineh (ime; (he lahors of (he day will lie exhansdiiL!; (o ns all, hiil I feel (he res|»onsii)ili(y (lia( rests n|ioii me. I aii(iei|)a(e (he eiree(s of your decision, Iiodi on (he press and on (he commnni(y, and mns( solicit ti pa(ieii( hearing!;. I( may he. rccollecd'd (hat (he pnhlicalion mider review was preceded hy anodier, wri((en hy (he same person and inserted in the Nova Scotian a few weeks Ixdiire. In the lirst, popular com- plaints were alluded (o, ne;.;lec( was char;^ed, and some hints of corriipdoii were iijiven. The wish evideiidy was, (o arouse (he body of mai;is( rates to a state of self y reference (o (lia( le(tcr we shall see the impression which was on the writer's mind — (he object lie had in view — ami it will he also seen that a part of (he .i'lOOOa year, which he says was "•taken ou( of (li<' ])ocke(s of hose who ought never (o have, paid it," was charuetl a,i!;aiiisL (he unequal sys(em of assessnu n(, which it was [lardy his wish (o expose, ]My own (xperience as a ;^raiid juror had fully sadsfiecl me, (hat tlio general views of this writer were correct; that those iiie paiil tliem," but I elial- h'liire my prosoeutors to come I'orward wiih their l)ooks and aecoimis tor tlie perioil ineiilioned ill tlie lettei\ and if tliey do, T pledj^e myselt' to ,-li(iw them, witlioiit refereiiee to expenditures r.t all, lliat in raisinir the taxes for the Di-trict, ltposs iiijnslioe lias been done, to the fall aniomit of flOOO a year. This sy.-tem was eontiinii'(l liy llie se>sious luitil the trrand jury made a stand — refnsotl to assess — ami insistetl on the arrears Ijeinj^ collected. IWit no attempt at relbnnatiou was made I)V the r-essions ; none wonld have been made bat for ihis resislancc. I do not blame the corrnption of this system npon all the ma^dsl rates, biM they left it in the bands of tho-o who made it suit their own credit of the ollicer; but whether the oilicer ever paid the amount to the county or not, would, I believe, puzzle fis all to discover. Charity would fain induce us to believe that he did; but oh! bow I should like to see the books. j\ry occupation is sedentary; I have not the same oj)|)ortuni- tles for discovering the delinquencies of these parties that others have ; but here is one glaring fact, that T give trom my own knowledge ; as an illustration of the system. JNIany others are said to exist ; and if they do, nay, if the state of things has been such as to arouse suspicion, ] was J wrons in nisi rtinur a letter which was intended, if not to produce reformation, at all events to elicit the truth. What liives force to these ^usi )icions, and encourages the ln-lief that favoritism and fraud hav(; been more general than the public, can con- ceive, is the extraordinary story they tell of some of the ass(\ssment books having been stoh'U. What would be thought of a merchant who should tell such a tab", to his creditors? Ijiit it may stand (hem in siead in more ways than one, because they may now say AVe are prevented from answering these charges by the loss of our books. Is it likidy that any thief would lie such a fool as to run oil' Avith tliese old voiuntt's? Jiev were uk leed curious documen its: but I doubt if any man but an ar.ti(piary would steal them. Though within two or tliree years the sys- 1 ,» WA UP' li r m M H! 38 TRIAL rOR LIIIKL. trill liiis l)('cii somowliMt iiiiprovctl,;iii(I iiiMiiy of llicold arrrurs colk'ctt'tl, u rc'iiiiiaiit of fiivoritisiii ami (■(•rniptioii still cliiiirs aroiiiitl it ; ami a poor man iiiliji-incd iiif l)iit a liw days a;j;(), that wiitii lie went Itdure the Comiiiiltci.' of iMa^fistralcs to a|t|)cal from Ids asscs-iiiciit oi" IS."! I, tlirro was one oC tlioir woisliips apix-alin;,' i'or J(S;i;j, Surely llie,>e lliiii;^s are not fair, and if tliey arc not, oiieals." If this be true, it is in vain to charge it upon grand juries who arc an annual body, whose com[)laints were laughed at, antl to whom the infor- mation necessary te guide them was continually denied. And even allowing that Jio corruption existed, what a load of iiii(|uities their neg- lect attaches to the men who tolerated and upheld such a system. In- stead of going to the Governor to ensure my prosecution, they oiiglit to have gone to him ten years ago, and besieged his gate with clamor and remonstrance, until he lent his iiilluiMice to the introduction and passage of laws for the reformation of these abuses; or until he strengthened their hands to enibrce th(> law they had. liiit they suHered the poor to be ground, and the rich to be robbed, by those exactions, and considered 4 ^Il )ear cnd- In- |it to jiikI hage Ir (o fvcd TRIAL von T,1I1F,L. 39 I it n- iiotliin^; fli<\v ivvi'i' iinpMiU'lK'il a jury to try if iiijiHlicc Imd Iicct) (Idiir; iIm'V never ex cm eaiiie t'nrwanl t<» (ell tlie coiummiily tliat a lieiler svsti'lll llill.-l l>e devised. In tlie-e eliarL'es of negieel, I inehl;. amoimting to aliont.l'l. I attended accordingly, wliei'e I saw a magistrate, the clerk, and the collector. >ni'i'onnded hy vevei'al poor wrelchi's wh(. had heen hroii'^hl thei'e on the same ei'rand ; and was acco-led with. "(>hl we snppixe ymi have a check on the county, and that is the reason yon Iiave not paiil." I answereik "\o, thaidv lieav<'n, I have n(» check on the connly ; Imt when on the gi'and jniy I obsorvpd that there were, two elass(\s ; one wlio did, and one who did not pav, and having been for six years among the former, I wanlecl if pos- sible to get a hertli among thi' latter." Wi' may smile at thes(^ matters, hnl they are melanclioly illnstrations. Poor wretches are (b'aga:cd down to their wor-hips for non-payment, while they see their rich neig]d)ors not paying at all, or not paying a fiiir |iroportion. If these men had doiw their dnty, things wonld not he in the state in which tliey are; the comnnniity wonid not lu' thns excited; lime would not l)e wa-^teil with '' endless appeals;" the i)oor would not be taxed with summonses and suits, the Legiskature woidd not Jiave been tormented with investigations, or His ^Tajesty's Council vainly em- ployed in nnrav(dling tlie maze; nor woukl tin; Ciovernor, the moment iie touched oiir shoi-e-, have been calleil to examine a system that might take its place in the black book, among the " robberies of charilablo foundations." and informed that an Ang<'an Sta.ble here awaited his pu 'i- fying exertions. The sani(> system of inequality and injustieo, yon Avill ])ereeive. jier- vades all the faxes. Jf a new building is to be raised, or if rejtairs are necessary, and more taxes arc^ re(iuire(l, the more money wanted, the more grievous and opjiressive it l)ecom(.'s. The fire taxes ar(> raised after a similar fashion, l)ut what becomes of them ? Hitherto, you will bear in mind, th:it I have not said one word about expenditur(\s ; all the evils I have depicted attend the eolleetion of the taxes. And in coming to the expenditures,! oidy regret that T am not permitted to ])ut a single ■witness in the box, as I am satisfied that that one, were she to tell you how this system has ground into her soul, would be snfTlcient to secui-e me. your verdict. Fire taxes, for the remuneration of parties who>e prop- .1 I hi' •MM I 40 TIJIAL FOR LIUKL crty is ptillid down lo stup a roii(Ia;,'rMlli>M, iirc laid a-i you an- aware, on real fsialc, wliicli caiiiKit <■-( apf. Tln' (iwncr may run away, lait ihorc the iiMU-c >laiid->,all-.-iilIi('ii'iil I'oi' (li<- aaioaat; yd in ninncinii.-i in:^lan(>c','<, al'lfi' a r;it(' lias liccii laid (Hi, .•iiul nioiny awarded, years Iiavo (dap.-oil bclort' tiie siiU'ei'er- received il, and lliereare a doxeii pcivoiis liavin;^i'laIin.«J unsali>lied lliat liave l)i;en .ilandiai,' i'nini live to lilbMii year-. A Imuso uei()M;:ia;j; lo .Miss Ilo^'ji was pidlrddownat tlie lirewliieli oeein'red alioiit i om- ears auo. Slie was awarded I'l'Od. At lliu end (jf twelve niontlis >lie received .iliniii i,":.'(i; ,-lie >ulise((aently ;:()l thre(! oilier payaiciii-, llie wliole aMioiiiilin;:: to t'l*','), ayeai' lia- elap.-eil .-.ince .-lie received a vi\p(.'iice; and ill ilie aa'an tiaie.ihe town owiii;:; her l'i)7, winch she could not get, di dh .sill' was sued lla- t'l l(lN,lier poor and coiinly rales, and here i-, the cou- stahle's receipt lia* the ,>uni, with seven shillings exjionses. 'J'he-e tilings e\i,-l, and yet a dozen men, whose names appear in iho almanac as ju.-lices ol' the jieaee, ha\e come iiere to pro\ e me a rebel, because I gave nltei'aiict; to ilie complaints which such grievances (dicit. Would any of you gentlemen so manage yiair [)rivate concerns? "Would you, while you owi'd a woman l''.)7, which you refused to pay, caus(! her to ho arrested lor a d( ht of i.'2 ? Oilier similar cases might he meiilioued; ^Irs. McDoiialil, who !> hiiown to mosi of yon, has iie\i'r been paitl in full. ]Miss GrahamV property was i)ulled down some fif- teen years ago, and of the sum awardeu her, i')0 remains due to thid hour, rortmiately for her a respi'clahic mechanic engaged to reiialr her p.rojxrly for her .-hare of the assessment; he is therel'ori! yet minus ilic I'oi); he ha- ilunned their worshi[)s and their oflteers time after time lo no pur[)ose, and has repeatedly olfered to collect the money him- self, l»ul lliey would not allow him to do even this. Il is ]io-.-iI)le that the tax could not he colleeled, hut it is most extraordinary ilia! it should bo so, when laid on real eslali'. Why not allow the man to collect his own money? Did they di.-like th.:t he shoulil see the list of defaulters, or has the money lieeii colleeled and iiolpaid? Does the balance Ibrni an ilem in ihe.-e inexplicable aceoinils? The-e (piestions ai'c daily asked by the .-ullen'r.-, and reiterated by the community, and I he lactd out of which they ari,-e Jnslily ''".• su-[)icion that there is •" .-onielhing rotten in the stale of Denmark."' Their wor.-hips blame the pre.-s ibr publishing strictures on their conduct, but as an excuse for it I may mention, that almo.-t tla; tliid 'pail' yea il'lcr Iiim- iliat (iiilj t Iiis lltTS, lul'lll ally H'ai'td liiiig lor liiay I'll I!, Iirec li\s ; li'at- TIioso cliiirpfN nfCvi't tin' wlmlc Imily ••!' my iicrscrnifors — tln-y must sliiirt' tlic Miimc iimimir lluiii. Uiit as flny hit allrilnilMlilt' imiIht to •Td-s ii("_Hrct ami ciiliialilc iiiili'i-ility, llian to imliviiliial (•((rriiptioii, I iillcf llicm with It-s rc;:n't lliaii I >liall soiiii' others wliicli mii>t ili r|»ly aHirt the rrpiitatioii of cfrlaiii parties. This is to me a painful ta-^k, liul I -hall not shrink from il. I have l)eeiMli'a,i;,!j;e"l from my home and arrai.;^ne(l hel'tre you as a ei'itninai, ami I nni-l enter into ihe-e matters in order to eonvinee you that I am not (piite so iinilty as some u(»nld wish vnii to heiieve. So far as wi; have i^'one, I think I have sliowM that the wiioie mnnieipal sy-tem is so had that it can hardly he wor.-e. and ihut we n<'ed -rareely ;:ii furl her, to sali~ly onr-eives tlial the litrnre-; liiis writer lias n-ed are innocent enoiiirli. J5nt tliere is one of ihi' eslaldi-inMents lUKh'r the eoiitnd of tlieir wor- ships, which iia< loni: heei; and still i^ a disirrace to the I'rovince. If yon fmd me ^rnilly to-day, send me to jail if yon will — put. me in tlio safo keepin;; of the Shei'ilf, hut do not send me to thi-^ estiihlishment ; pave nn', aliove all ihiiiL:-. from r.ridewell. Dnrinif the la>t year, tlie grand jury >cnl a committee to examine it, and their report was handed into conrt in the form of a preseiitnu'iit, and is as follows: — "The committee foinid the hnildinir leaky, and the heddin;^ insnU'ieient. Th(! hiiildiiii; usually occupied as a woodhouse, in the yard of the Uride- well, used hy Mr. W. II. Uoach. the actiniic commissioner, as a siaMe for liis horsr, and the wood |)iled on; in the yard. The matron of the estal)- lishment, IMrs. O'lirieii, and the keeper, Mr. O'lirien. slated to the com- t for the use of the mitlee, that hari'cds of Hour marked snperline, sen r>ridew(dl, were in many cases c(»mposed of Hour of dilfi'rent grade sometimes mixed up with corn mea 1. T le only case m winch a oarre of flour was weighed, it was foimd sixteen ]ionnds short. 'J'hat a man by the name of I*. ^Valsh, employecl as an under keejx'r, pays no respect to the keepei', and iioes and comes when he ])leases. Was ahsent on W einiesdav near ly 11 le wliole ila }'• aiK I wl len 111' returned in the cveniiitT. o' inlbrmed the keeper that he had inspected one hundred and ninety-six barrels of flour on lUack's wharf. That .lolin (.'ain, a prisoner, was often employed by IMr. Koach. 'J'hat .lohn (iilmore, a shoemaker, was friMpiently employed hy IMr. Koaeh, in makim;; hoots and shoes for his family, and in one ease, l()r C"a])tain Collin, out of IMr. Roach's leather. That I). Hellernan was frequently em|)loyed exclusively by IMr. Koach, and thai onl of four wine pipes, w Inch were charged in i\rr. Roach's account, a bathing machine and buckets were made for IMr. Roach's family." It may a])|)ear strange to you, gentlemen, thai when I found thai live magistrates had been drawn U[)on the i)anel, I did not strike them oif; 4* ;' '. IH'- •+i I m 42 TRIAi. FOR LlIiEL. liiit T rrcoUcctcd tliat .-oiiu^ of ilic^c men liml i'oi'incil a oommiltoo of in- I II i ,'l (iuii'v Id iiiv('>ti'_'alc ic-c cliai'iri's ai:aiii-t i\li'. Roacli, and a-^ tlicv liad a('(|nilt('d him npon llic cvidcnct! wliicli I .-liall prcst'iitly |ila('(! before yon, 1 natnrally concludtMl lliat if tlicy were so easily satisfied, and so ready to ac(|nit per.-ons eliarijjed, (hat even if I made, like the eommis- t all, I shonlil he eiTlain of their vefdiet. I trust, sioner, no delenci! a however, thai I shall he ahle to make out a sti-onser oa-e thi m .Ml Koacli. The eoiinniltee of magistrates a|i|)oiiited (o try him, had, as 1 am inliirmed, I lie keeiier of llriilewell and his mother for some hours in llie l)riek ItuildinLS imder^oinL,' a lon^i; examination, which did nol seem ireeted so mneh to elicit the trnlli, a- to whitewash Mi". Roach moiu till' o'.iier allidavits taken, was thai of Mv. JJoach himself, who swears "tliat he did use the woodhou-e lemiioiarily for his horse; llial the coal Avus kejiL ill the Moodhouse, and thai there was also room ibr the wood, ■without iiilerferiiii>- with the horse in ihe woodhouse." Allhoujxh the keeper, on his oath, declares '• tiial the woodhouse would not hold the coal, wo(m1, and horse." 3Ir. Roach kindly informs us •• that he l()uiid the ]irovender at his own expense I" (Jeiierons man ! so he did. liut il is a pity he li;id not I'ouikI a place to [iiil it in, for J understand that the watcli- liouse was so crammed with hay ami straw, that the i:oor walv hman had scarcely room to move. The keeper admits that /tc did not see any mixed Hour, hut his mother positividy swears, that '"her .•ilteiilioii was called to a barrel of Hour which had Indian meal in il. The Ijaker and her weighed oni; harrel, which was sixteen ]ioiinds short, and was comiiosed of diil'erem kinds of flour. The two barrels now on hand were sour." I have bci'ii assured by ireiillemen pre-eiit. that the chaip's of the committee were nol tliimded on st;,,ements voliinlcered by llie.-(.' people, liut wrung out in answer to (pieslious |)ut lo them by memliers of the grand jury ; and here the wo- man has prov( d the Iriilh of every v.oimI >he told them, by her allidavit made before their worslii|)s. There is a curious admission, however, which, in answer to some leading (jue>[ioii, ingeniously wordeil, I\Irs. 0"!>rieM is got lo make — that the '• lloiir and meal might ha\(' got mixed, becaii.-c they >lood in the same room;" ;'.nd she is also made to say that >lie '• had .-cell mixed (lour " bel'.'re ^he went into Uridewell. J}ut ill the face of (his woman's allidavil, see what iMr. Roach himself swears to. In the leelhof this testimony he jiu.-iliv(dy denies that any of the flour furni-hed was •• mixed," or '• short of weight," although the woman who used it, and who weigheil ii,(leclare> thai il was. How could he know .any thing about il iinle-s he packed il him -ell ^ This may be a mailer ol' little eouse(iueiicc, but it shows that a:i oath was lightly regarded. Mv. iioach TRIAL FOR LIBEL. •43 ailniils tliMt '-lie (lid oinploy Ciiiii, liiit lie was fed at liii? liniiso. lie -as only (wo hours ; thai he "'never iiis[)ected any," and " never was eiiqdoyed at any other lime." I can easily understand why they did not wi-li it to go abroad; that this man, who ac(|uircd his taste for flour in the lii'idewell, where it was all sour, and his knowledge; oi" weighing where tin; liarrels were sixteen pounds short, was ever em[)loyed to insi)ect and weigh ibr the merchanls. Ibit passing (his by, you will pc'ceivc that the worthy conimi-sioiier of iW'idewell has shaken him-elf clear of im material charge made in thai presentment ; the nio-t of (hem are ailmilted, (he others only denied on the oaths of himself and deputy, uiider circum- s^(ances (hat render it impossible (hat they should bo believed. Hut tliei'e was another ciiargi; against this man of so serious a imtnre, that if I hail been a member of the ]Magis(erial Committee. 1 woidd have sal ill ses-ions (ill I died, unles> he i'nlly clearcil nj) the poini, or was driven from the Commiv-ion. in the account sen! in to the gi-aiid jury S'J jier liarrel was charged lljr llour I'unii.-hed to the Rridewell ; as '■■> .1 I \ .1 Jt H 1:ii ■n'-.l < !■■• 11 m m^ ■J" I > 44 TRIAL FOR LIBEL. this wfis a lilglior price than would probably be paid by his Lordship for the best he eoiild set on his table, the grand jnry thonght it uas rather too expensive tor the house of correction, and made some inqniries of the keeper, in whose name the whole account of £')o 10s. was made ont. lie said he knew nothing about the prices, that he had only sup|)lied £3 or £4 of the whole amount, but that Mr. Roach supplied the rest, and handed him an account to copy and render in his own name. The grand jury therefore returned the account into court, and insisted on its being rendered in the nauie of the party who furnished the su[)i)lies. It was accordingly recoi)ied and returned by JMr. Eoach ; but fearing that he had charged the flour too high, and thinking the alteration would not be discovered, he struck otF 2s. Gd. a barrel, retaining O'Brien's account. The jury detected the trick, and inquired for the copy made by O'Brien — it was nowhere to l»e ibund. Mv. Stewart Clarke, who hears me, handed it to 3Ir. IJoach, but he denied any knowledge of it, and it was not forthcoming. Fortunately, however, the jury had retained the orig- inal account handed to O'Brien to copy, and in that the flour was charged at nine dollars, although in the one he returned he had reduced it to eight and a half. Thus did they trap the worthy commissioner. Will T be told that the trifliiig nature of the amount makes any differ- ence in the transaction ? If any one of the body who laid the indict- ment were guilty of such acts, how could they come into court to prose- cute me ? I make no attenq)! to deceive you, gentlemen ; I would rather lie in jail for years by your verdict, than forfeit your good opin- ion. I state nothing to you as a fact which I have not evidence to prove ; I draw no inference fi'om facts that does not appear to my own mind rational and fair. Tiiis stoiy of the accounts may not be true, but I can bring three members of the last grand jury, as respectable men as any in the town, who will swear to every word. I dare say you will now wish to hejir nothing more about the Bi-idc- wcll ; but oidy group the evidence which the affidavits furnish. There was Coimnissioiier Koach's horse stabled in the woodhouse, and the wood piled out in the yard; the provemler which he so kindly furnished at his own ex[)ense, was crammed into the watchhouse ; one of the prisoners was emi)loyut did not all the prisoners knov/ what was going on around them — and what would lie the obvious cur- rent of their reilections ? "Would each or would any, under such cir- cumstances, say 1 am a guiliy wretch, and will pray to heaven I'or a change of heart that shall restore me to society ; or would he rt'ason thus — It is true, I have been very uiiforliiiiat(! in getting here, but I was on the right road ; if 1 had only had good luck as well as good inten- tions, I might have been lilling siluations of honor and emolument; that might have been my horse, and these ji.jor devils who .-iirround me would have been my servants ami my slaves. This is the moral effect ol' having such commissionerri. rW<-. ■'m^ r 46 TRIAL FOR LIBEL. I: I wns nniuscd at pocinpr IMr. KomcIi's avcrmont that lio found flie pro- voiidcr I'oi- liis liorse ; lie would have aildi'd, had he thought of it, that ht,' also found the ■water for his batli. r>iit wliih' sucli thiuirs arc tole- rated liy incinher.i of their own body — while they attempt to slur them over ])y j)artial investigations — how can the magistrates of Halifax come hci'e to jtrosi'eute me, for aiding iiupury, or even for I he publica- tion of attacks, however umnerited and severe ? This is a modern pic- ture of the T>i'idew(dl ; but as the letter refers to a period of thirty years, m [ly be pardoned for giving a sketel 1 or two of its ancient history. I can iveall a period when my fallier interested himself deeply for the welfare of the jioor inmates of that prison. Though a magistrate h im- sclf I leratioi ,d T k that th hat tliere is not a human being who hears m(>, that does not participate the feeding. lie nevei- cai'ried the munieii)al bag; he never took a shilling of the fees to which ho Avas entitled ; he had nothing to do with their dirty accounts and paltry iieeulations. If he was to blame, it was because he could not sus[)ect that those to whom these matters were confided would Ix'tray their trust; if he liad a fault, it was, that l)eing an honest man himself, he could not b(dieve that there was a seoundrcd on the face of the earth. Some years ago, it was his practice to take his Uible under his ai'in every Sunday afternoon, and assembling around him in the large room, all the prisoners in Bridewell, to read and explain to them the word of C!od — he never tllehed from their daily bread, but Ik; sought to impart to them the bread of life. Hardened and abandoned as many of them Avere, they were softened by his advice, and won by his example ; and I have known him to have them, when their time had expired, sleeping unsus- pected beneath his roof, until they could get em[)loyment in the country. The [)erson at that time in charge of the establishment was such a brute, and reigned over the place with a profliga.cy so abandoned, and a cruelty so harsh, that having remonstratt'd with the magistracy in vain, and linding it impossible to effect his removal, my father left the estab- lishment in disgust, and has never been near it since. One day he dis- covered a poor creature with a s[)iked dog-collar around his bare neck, jdaced there for some petty offence ; and on another morning Ik; found that a woman had been kept in the stocks all night in the open yard, becaus;' she woidd not submit to the brutal embraces of the keeper. 3Iy father protested against these abominations, but could get no redress. He thought it strange that such a fiend should be so patronized ; he never suspected 2)eculation ; but T have not a doubt, from the new light now breaking upon us, that the keeper of that day was luore coni|)liant than Mr. lioderick O'lirien ; that he was veiy useful in the management of M r''>i TRIAL FOR LIDEL. 47 (lis- 111(1 ow liaii sii)>i)li('>. ITf was finally ousted, ^\■hou it \vas found nnsaf(> any loiiiriT to retain liini. A fellow wlio was put lliere for theft, was in a few weeks raised to the rank of under koeitor, and used to he let out \\\nni the town every niudit ; until the keeper heeoining implicated in soini? ol' the roL^iii-ry of the snhaltern, he was ship|)ed oif to the Canada-, from whiehhe is not likely to ever i-etiirn. Now, gontlomen, with this eviileneo before me ; Avith my own ancient recollections blent with the modern history of this place, could I have dared to refuse publication to that letter ? In turning to another of these establishments, I hope that he who on Tues gone into a full investigation ; to have sifted the popular complaints, and have purged and pnrified (heir own body ? But they have not done so ; they have left it to me, and they have placed me in a position wIkm'G the performance of a disagreeable duty is essen- tial to my own safety. I feel that it is, and to the public safety also, and shall not shrink from the task. By the Dili section of Gth Geo. 0, which regulated (he affairs of the poor asylum, it is (>x[)ressly enacted, " That no commissioner shall have any profit or emolument whatever, by furnishing supjdies," Some members of the sessions have thought, however, that they could alter this law, as they wished to alter the law of libel ; lor in (he face of that section, binding and obligatory as law can be, is it not matter of noto- riety, that for years thi> principal part of the su])[)lies for the I'oorhoiisc passed through a cei'tain store ; that nearly !ill the llower and meal passed through a certain mdl, leaving, of course, an abundant grist behind. ^Much improvement has been latterly introduced, but for many years this was the system. What was neither in (he store nor in the mill Avas purchased upon the credit of the commissioner, which was bad; or on the credit of the establishment, which, in his hands, soon liecame ■\\ orse. Creditors had to wait years for their money, and to remunerate ■! g^t! 48 TRIAL FOR LIBEL. tliomsclvcp, when next lie cnmc to purclia^c, put on an .iddifioniil ton, twenty, or lliirly per cent. I could ])liic(! evidence of undoultted credit Itd'ore you, who would show lli;it (his was the system ; and some who will tell you that they would not jrive credit at all. The efTect of tins system was i-uiuous ; lor altlioutrh inferioi' arlitdes were purchased, the ,diest iil'ices W( re always |)ai(l. I do n(»t say that all tlu; profit w xs enjoyi ll eu i)V' lue comm issioner; a part miji;ht have heen jux-keted hy the merchant lor tlu^ risk he ran, hut in cither case it Avas equally injurious to the pau])ers and to the jiuhlic. Tf liic haker were in that hox, and yon were to ask him Avhy he did not make hotter hread, h auswe would he, how C(juld I out of such matei'iaisr' If yon askeroof of the costliness of the administration of the Avorsliip- ful commissioner, to whom this letter-writer alludes, is to be ibund in the fact, that Avhile the paupers formerly cost the community seven and a, half ])( nee a head per diem, they are now maintained, under the improved management, for something over five pence. Formerly the house was always several hundred ])onnds in debt ; now there is a balance of two himdred poi :uls in hand. Formerly credit could only be got at these ruinous prices ; now j)ersons in business are glad to deal with tlie asylum, because they are promptly paid. T>nt though the affairs of this establishment are greatly improved, a little of rottenness still remains. Though each commissioner entrusts the clerk to i)urchase supplies, and gives him a check for the amount on the production of vouchers at the end of every month ; when the party who formerly monopolized the whole, assumed the control in December, he roin'imanded the clerk for daring to interfere, and purchased the supplies himself. Sir. Gray, in his address to you, said, that there Avas no other course open to these justices but a bill of indictment, because no one of them Avere distinctly pointe, and lor wliiili liiii'-; wci'c cxncliMl, Mr. Howe snid.] I liad rcekoncil ii|i the list of persons lliul liad Iiecn in tlicir Iisnuls for fivo years; and iiavini^ fi'ci'rlaincd tlie nunilier. 1 a--Ue(l a |ierst;nil two men. .13 rospcctaldc ns nny ill town, who MTNcd for oni- yciir (lii; oIlU-c ol' cltrk-i of tln' niarkd. They were \cry nclivc, iicrlornicti their rliity liiithl'iilly, made a ur«'al many .-cizurrs, aM< 1 of conrx' a "ivat jnany (.'ncnuc and at tlic en I ol' tlic year tiii'v calcidalcd tliat liicir !iniilai' excuse.-, and though years Iia\e ehipsed, they never have ret-eivecl a single .si.\|tenee, aUhoiij^ii they have; (hinned ///*• ojlicc every time tliey liave met in tlie sti'eol. It happened that one (»!' these men was lined 2<*,v. lor a nuisance ; he rern>ed to pay, hecanse the olhco ouc(l him. and to this (hiy lias not paid. At tiiis tinu; .sonic! altercation arose, and tlie ollicef (I may oiiserve that it was not Mr. Liddell) called upon one i>arty, and stated that if he would wait awhile lor his money, he would pay oil' the other, '* wdio was a very (rouhlesome I'ellow." Away this man j)0'ted to his I'riend, and he^j^ed him not to takt; his .share, unless holh were paid. " Uiit," said he who told me the story, '' he need not have taken the trouble fur I never had the oiler." Now these men are apt to reason in this way : '" Surely the county never re- ceived credit for our X'-'JO ; and as the accounts are never i)ublished, and wretchedly kept, how do we know what became of the other i'oO." "Woulil not .-uch a stat(' of thinj^s justify any charge ? A short time since some injudicious friend put a notice into the Kecorder, calling ui)on the comnumity to come forward, and give me any information that might be useful lo me on my trial. The next day 1 could not get into my olHce ; it was crammed, and the passage leading to it, with people, every one of whom had sutrercil >ome exaction, had some complaint to expose, or had had justice denied or delayed. One of them left this book, whicli con- tains the i»roceedings of the grocer's society; and here is a letter tlaled a year ago, threatening to sue the police magistrate lbr,£7 10*'., the half of some tines legally due to the society, but which he informed me had not yet been paid. Some of these magistrates, and their functionaries, preside in the com- missioners court. I will state one instance, in illustration of the mode in which debts are collected there, and of which I can speak of my own experience. Some persons seem to imagine that the liberty of the press consists in reading a newspaper for nothing. Having a dozen or two of such i)atrons, who had taken The Nova Scotian for live or six years and never paid for it, 1 thought 1 would try if the commissioners' court couhl bring them to tlu'ir senses. I singled out one who was well able to pay ; the account was [iroved, the fees paid, and the magisterial ma- TRIAL ron I.TIIEL clilncrv, M-< T tliniij;lit, set in fH'tivf inotimi. 'riinc nflcr liinc llic money ^v;^s sent lln', Init lln- :ni~\vci' Ml\VMy-< \V!H, '• Wc will ni;il way. Avlwn ^[r. I'"elilincr. \\]\o wa-i tlie eon toM tliat ! mn-t wsiit till the jiajier-; wiTe overl'.anleil. to ascertain it' tlie deht liad lieeii eollecteil. I did wait several months, fonnd il liail not. took (int new process, and then expected of coin'sc to cret my money. !>nl I had to w:iit ahont seven months more, and then having' written two or three notes to a^^ccrtain what wa- the rea-on of all thi<, I prof ahout t' I ; and some weeks after, with great dilHcnlty, obtained the rianainder. Tlnn was ju-tice delayeil to me for ciLditi'en months, mid more tinn' wasti'(l than wonld have been necessary (o have collected the money without the aid of the law. liiit the hardship of this Avas. not so mncli as rc'i'ariled tlie small sum in dispute, hut iVom its preventintr mo, from collectinLr all tlif other debts that had beep, standln'jr e(|nally long; for of course with this e\[)i'rienc(> F could not again apply to the commissioners' court. This is my own ca-e. but many olhers co'dd tell yon similar tah's ; theso things w( !•(' of daily occurrence, and if they wore, can yon wonder that complaint- arose? These ii'regularilies t()rmed a part of the general system, which ju>tilled the charges of grand jnries, the surprise of tlio executive, the inv<'s|igati()ns of the council, and the publication of tho allegc'l lilxd. I cannot be expected to illu^trati' the system in all its parts, but T t(dl you what I l;uow ; what was notoriously known to the community in December; and what was >trongly impressed on my mind on the lir-t of Jaiinary, when T publisheil the letter. It may b(> said that all these, things could not have existed so long, be- cause detection was se had been c(U'rect1y kepi, methodically arnmged. and regularly jiublished. many of thes<' cor- rujilions coidd not have ;iccumidated — this system of wrong-doing could not have been ujiheld. Those who paid fines wotdd have seen them credited, and traced thiMr appo[)riation ; tho-e who paid fees, could have calculated ihe annual amount ; and by comparing the -urns i'aiut jMuictnality ami publicity would have given a death-blow to the syst(Mn. The grand jury on which T serve(l, with a view to aceelerate rel()i-m. named a gentleman of respiectability :md correct business h;d)ils. to su- pei'jcde the old County Treasurer, belicndng that much of the evil was atlriiiutabl(M(> him. lie has Ijeeu sometimes blamed for it all. 'jui hi.s m -I 54 TiJiAL Fon ijbi:l. ri honi'sfy lins never Ix-on quc-lidned. and I am now pnll.^fird that niiitli nf llu' cuiirii.-iuii tlial rail tlir(ia;^li liis accnaiit^, wa- atlrilaitalilc to llif luis- t'ral)li' .■>}>t('iii rorcfd ii|i()ii liiiii \>y llif .■«rIli>liM('.'>>ol'»itli('rs. A jj,i'iill('iiiau Avanicd us at tlio time lliat we >li(ndil only injure an individnal, williont doiiifj any j^ood, mid I liavcol'icn llion;:lil of his words. Ilowcvir, wo named a |i('r(; that a man should fail in business, — if his aecounts were cor- rectly and fairly kept, who woidil Mame him for misfortunes? Ihit if they were kept in .-ueh a manni'r that nobody but himself eotdd uuih.'r- stand them, what woidd be saitl? Now the comity aceuunts cannot be under.-tood liy the people or the ^.niverninent, nor by the majiistratCS themselves, Ibr we had some of them befoi'e the jury, who could not or would not uiiravtd (hem. "While Iai',u;e sums ap|iear in the accounts as paifl to the County Treasurer, he declares he never received them. The functionaries explain this by saying, that instead ol' handing them to liim, they paid ihcm to tliem-elves, and thus saved his per ceiila^xe. To say nothing of corruption, it is evident that tin- system has been this: iii.-tead of allowing all sums to go into the hands of ihc treas- nrer, to pay checks in their order as they became due, the magis- trates iisiiidly arrested them to pay their own demands against tlu> estab- lishments under their charge, or their oHlcers seized them to pay their salarie-, and thus idl olliei's in ilu' I'oiiuuunily who had demands were left to dance attendance on (he Coimty Tr.'a-iin.'r, who seldom had any cash. 1 have dunned the town, when a boy, for three years, with checks, without getting [laid ; and it i- a matter large and popidou.- town be hawked al)out the .street-, with a charae'.er >o l)ad as (o liial no purchaser ia the market 'f One ciiciim- stanee I l()rgot to mention, that came under the notice of I he grand juiy on which I served. An account came in lur coals iurnished by a KHHM TIIIAL FOR MUEL. 06 ^ 1 n)ii;ii>triii'' to >(l, Iiy a luciiilii'i' ol' till' Jury; iIhi lriicka,ir<', wan also cliarj^ctl, alllioii;iIi in tin; «.M'ii( ral triii'ka'ic acfoiinl ill" >aiiit' ItriiH apprarcd. A iioi-i' was iiiadt' iiltoiil ilii-. ami llic ina^istralr coiili-d iIic i rnirs, ami oIliTcd lo icl'uiid the iiKiiirv lo till' Hnciiiai Mil' llic jury, wlid, of con r-c, could iint icciisc it. Now, p'litlt'iiicii, upon 11 calm -urvcy of this cum', as J have put it bclurc Von, can \i)ii, under tlial imlictmcut, fnid iiic 'niiltv of a malicious lilicl ? When yon liavi; cxaiuliicd lln' hard-hip, iiiccpiality, and upprcs- tsioii of ihc asscssnicnts, ilic di-posiiioii o|' the lire taxes, ihe ial>ri';dili' but co-lly coi'i'iiplions of the Uridewell ;ind I'noihou-e, the iiielliciency III" the police, ihe nialpraclice- of I he lifick liilildiuj.'. the delay of jus- tice ill ihe coiiuni^.-ioners court, and the confusion of the accounts, in- .'.teail of puni>hiiig iiie for what I liav(,' doii(% what would you have .»aid if I had refn>cd (o <1() it ? "Would I not have; lietrayi.'d your interests and till' iiilereM> ol' tin; coinniuiiily, and l()rfeited the characti r of my paper. if I had >iippress('d this lelirr? I have not atleiiipled to prii\i' In ;i line the char;ies which the letter conlains — that would he no deliiice; luit I tru-t I have shown you, that not only had. I no wickeil or improper mo- tive ill this matter, bu! that there e.\i-led a ^ireat and overwhehiiiiiLj pub- lie nee(->ity, that rendered iii}' act one of virtue, not of malice; or, at Jill eviiits, which |)roves that lliei'e wa> ;ii)od jiroiiiid ior my lieliel" that I Avas dolii;^- a duty, not coinmitling a crime. So sali>lieil am I of the jus- tice t it lii-re, and conlidi' myself learle.->ly lo your llriime.s.s and di~creiioii. Ibit you will perceive that the recorded sentiments, and deliberate proceedings of ^^rave and respoii- f-ihle liodie-. ju>tily all I IiaM: done. Willi the exception of the liifiire<. the pi'einlmeiil of the ^raiid jury at the clo>e of the December term, is a ;er lihel than this letter. In that, dated in Noveinljcr, as re- gards the a>>essm(.'iits, lliey .-ay, that of the whole a.-ses.-meiit i()r the year, " hut I'.'bi has been collecied, and that from per.-ons much less able to pay ihaii many who stand on the li-t of defaulters; and that even this .small .-mil has not been paid to the Coiiiity Trea.-iirer, nor, a- far as they can diM'o\ er, to any other per.-oii autliori/.ed to receive it;" and they naturally a.-k, •• why individuals of reputed wealth and [)ossessed of suf- ilcient means, .-honld be allowed to coiuinuu on the list of defaiillers ? " 111 the presentment handed in at the close of the year, they sav, " that a very large pro[)ortioii of the taxes are sufl'ered to remain iin- colleeted year after year, or, if collected, not satisfactorily accounted for; that inerea-ed as.ses.sments are con.sei[ueiitly required on tIio.»e w ho regu- larly pay ; and who tlierel()re loudly complain that the collectors of i * !> ::l:|^ 'm' ES'' 5G TRIAL FOR LIBEL. taxc? .arc porniiftod to pny into tlio hands of otliois instond of into the treasury, where all monies should direelly pro; that the persons wlio thus improperly intereept and forestall the ])iiblie nion'T appropriate it KMr own eoiiveinenecv an d send cheeks to the ti ca-urer insleai 1 to suit tliereot"; that no money can iherel'oi'e he obtained to defray the cui'rent expenses, and to jirovide for the indispensably necessary .services of the town ; (hat some ])ersons in consequence refuse to pay their taxes, he- cause th(>y have claims on the county for which they cannot obtain pay- ment ; and others because they have demands against the oflicers of the coiu'l ; (hat till- 'ri.'dit of the county is absohitcdy so bad. that an advance of forty or fifty per cent." (you will remember that I said twenty or tl lirty) ''is required in all pm-ehases made on its account, and that in many cases credit cannot be alloweil at all ; that checks on the treasury are float ing about in the market, and cannot obtain purchasers even at a large discoiuit. Tliat the [)ublic establishments are made matters of i)ri- vate convenience and emolument, and that when the grand jury, in the performance of their duty, institute an in(iuii'y i'lto the disorder and abu?es, they are refused the necessary information from the oHicer wh.ose duty it is to furnish it." They declare that they have come to the "■ same unsati -ractory and unpleasant result as their iiredecessors tor many years ]»ast;" and that '•many yc'ars' experimee lia> proved l\\o niter imitility of p:nviiing the beaten track of remonstrance and complaint." \u\s regards the accounts they say, after noticing the correctness of those handed in by the com- missionei-s of streets, '' that I hey wiridewell has come under ob-ervation, ami I he errand jurv are soi-i'v to have to state tliat the nature of it is such as to preclude the possiiiilit}- of i-eporting favoral)ly thereon ; lliey are therefore com|ielIed to I'eturn it to the court as bciniz; incorrect and totallv inadmissable." " Thev ai'e al-o comixdled to relurn the C'uuiUy Trea^urerV accoant, wliich to them is iin('()ni[)!'e- heii>ilile ; not so much from any fault originating with tli'^ trra-tii'ei'. as from the confu>ed manner in which the public accounts are arranged. Suitable \(iuchcrs do not aceonqiany this account, one cif which es[)ec- ially.aii account from the collector of the taxes, and for wliieh the grand jiny a|)plie(l. and was informed l)y the colleclui' that his woi'diip the Cii.-tos Kolulornm had forliidden him to fiu'ui-h it ; the connection between that and the (itlicr pulilie account-, ami the confii-ed iiKUUier in which the whole are stated, rendei- it utterly impossible lo arrive at any coirect conclusion as to their accui'acv. The L^'and jurors arc therefore 1 TRIAL FOR LIBEL. 57 ncco.s?i(at('(l to rotiirn tlioni imuiiditeil. Tlioy liavo prm-'uli^d foi- the claims a^raiiist the <'()iinty, allliniijrh tlicy arc by no means .-ati.-lied of the coi-reotiiess of the statements in whieh those chiinis are emlioilicd," i*So\v, ,L''i'iitlemen, was it ileeeiit for men a.uainst whom sneh eliargcs were jnililicly made hy an suithori/ed and respcctal)lc boily, eliarges whicli remained nnans\verec abominations had gathered and swelled, and when the odor of them of- fended tli(! sensi's of the community, instead of removing the nui-ancc, they said. We will cover it U[> with a bill of indictment, lay Jo>e}ih Howe on lop of it, and having sacrificed him, no one will attempt for years to distiu-b the ashes, and we shall have peace in the land. The Governor's opinion of these matters may be gathered from the message to the Assembly, where, in calling attention to the stale of our municipal alfairs, he says, that the revenues " annually amount to thousands of i)ounds," which are not "satisfactorily accounted for;" and he concdudes by re([uesling them to provide a remedy for the evils of " which the grand jury have, in his opinion, justly complained.'' A connnitte(? of His iMajesty's Council was appointed to investigate these afiairs, and the sessions sent a committee to confer with tluMn, and, as their resolution expresses it, "to afford the said committee such geuern! information respecting the magistrates, as shall assert their claim to the respect and confidence of that lioard and of the public." !Xow' we shall see, by the committee of council's re[)ort, how that de])Utation succeeded. They had before them the accounts and returns to which I have already referred. In looking over these I was surprised to lind that among other blunders, the oilicers had made a mistake of £10 again-t them- selves ; but I M'as soon relieved by finding that on the sainr' page there was a mistake of £1)0, agaiuLa the county. The committe of council addressed circulars to all the magistrates. To these they state "but few an-wcrs were received, and their im[)ort generally negatived the imputation that any reasonable ground of com- plaint existed, and suggested no important improvement." I think the jury will share the a- Muishment which 1 feel, that a body chargeal)Ie with the abuses which we have reviewed to-day, should have returned such answers ; and it will not be much allayed, when I read to them the note sent in by the worthy commissioner for JJridcwell. I\Ir. lioach says: " Sir, I am not aware of any dissatisfaction emanating I'rom or among the ses>ions of the peace. Their sessions have been conducted witii great unanimity, and most ardent desire to })romote the pulilic weal." 2sow, who ever suspected that there was any dissuti^iaciion m $ ,r'i !iii!l 58 TRIAL FOR LIBEL. iV 1 hi ! i I emanating from or amoiic!; Ilic >p*sions ? TIi(Mli>-;ati>raction prooocdod from (luilc a dilTcrei.t oiiartcr; from the i)i'()i)l(j \vl lo wore iiijiin'd l)y le tlicir iK'Lrlcct and corruplidii. All wa^ calm and traiu|uil wiiliiii tl brick l)uildin;i. but (lie siorm was rajjiiitr frai'f'ully witlioiit. Tliry ucrr v-ioiis, 1)111 ill the coininmiily tlicrr was no the crying jM^acc, pence, in peace. No (li>iil)| llicre was great iinaiiimily and ease in llie ancient Star cliainlier, at tlie very tinu,' tliat the iial'ou it oppressed was sliaken Avilli di.-traclion, and alarm. I'lit, adds IMr, Justice Roach, "As far as I have liecii made acquainted with tlie acconnis of the county, under the contnji o! ihi' Ju.-tices in ■loll,- tliev have lieen re ■adily midei >t()()d. but I am sorry to say that the means for liiinidating them have not ])vi'\\ forthcoming. From tlie imperr(.'cli(}n of our assessment laws, and from tho refusal of graml juries to vote monies to meet the demands on the county, and a desire manife.-ted by that body to bring the magistrates into disre- pnte." Uring them into disi'cpnte, — I wish for his own sake that this •worthy commissioner was only entitled to our contempt. The oonimit- tce of coiif'renee " seemed willing to admit that the alfairs of the town were not conducted in a satisfactory manner, yet they declined to slate what they conceived to be the cause of the evil, or to suggest any suit- alile remedy;" the commiUee of council had therefore " to i'orm. their own opinions from such materials and evidence as they have been alilc to collect :" under the head of " magistracy generally," they refer to tho act of 171)t>, Avhicli compels " all magistrates" to attend a general or quarter sessions, to transact the " public concerns and regulate the im- portant business of the county," under penalty of removal from olllce, and state that from the recortl of li\-(^ years it aj)pears that not more tliaii f//rce justices have u>ua]ly attended the (/ciierdl sessions of the peace in Halifax, frequently but f/rn, and sometimes only our. This practice the law does not sanction, but "was passed for the exi)res.-5 purpose of ]u'evcnliiig it." From this it appears that i\Ir. IJoach hiivi- self may sometimes have I'ormeil a general sessions of tho peace, and then of course there " wt're no complaints emanating from or among" that im- liiacnlate body. "The ])iib!ic acconnis do not appear to have been kept in that accurate and melhodical manner so necessary to give general sali^faction. Xo clear views of pulilie income and expenditure are exhibited. A per-on de-irous of obtaining information uiion one sub- ject, mii-t mal;e a laborious search through coin[)licated accounts of great xariely ami lenglli.aninns are in arrears, or what aeeounts are outslauding ibr icpairs." AVe have seen lh(> evidence upon which the inaLrislrates actpiitted the worthy coinuii in(]uiry into the circumstances, and transmitted to this eoin- initlee several ailidavits relatinix to the suhject, without expi'essinir any opinion on them. The ailidavits, and the [lapers connected tiienwith, are suhmitt(Ml. As the majxistrates iiave expressed no (lisapprol)atioa of the eondiu't of a person unitcvl with tliem in the connnission of the ]ieace, and deleirated liy them to superintend (In.' alliiirs of an important eslahlishment, the connnittee will refrain fn,m statinji; any sti-onijer opinion than an i xpn^-sion of their regret, that from the unsati>factory manner in which the accounts were hept, and ilu." alTairs of the l>ridc- well conilucted, the jrranil jury had irronnds of complaint. '"Tiie accounts of ihe County Treasurer ha\e been kept in so confused and irrciTular a manner as not only to justify the grand jury in their complaint agains; him, hut even to subject the court of sessions to reproof for ])ennitting an oflicer under their control so long to continue the practice of making up his accounts in a manner so inisatisfactory, and so little calculated to show a clear .-tate of tin.' pi>cuniary aflairs of the. counly." Here, again, I feel that T could rest my case, but let mo beg yon to bear with me yet a little while. AVe have an important duty to perforin — let us do it more faitld'uUy than the magistrates have dout' theirs. "Were 1 only concerned, I would not fatigue you further at this lat<' hour, but the princi])le-; t(» be fixed by your venlict will Ix^ important (o your children and to mine. AVhile all the ini|n'essions Athicli 1 liavi' en- deavored to convey to j'our minds jiressed strongly on my own, this letter came into my hands. And although it has since been voted aliltel by the sessions, and has fm-med the groundwork ol' that teri-ible indict- nniit, I assur<' you it a|>peared to me a very iimocent atlair. I might lia\e said there are somi; wild (diarges, some loose calculations here; \'H{ if this body will cov<'r up corruption, if they will stiile iniieai'e a Hind. Tiiere was one of his characters tliat lai^dit have lookeil a httle personal, that of 3Ir. Justice Shalhnv, for some of their "worsliins were .sliallow Ik enou.Ldi. l>ul where was 'My. .Iiistice Deep? That was a character that even tlie IVuitl'ul imagination of the inimita1)lc Ik bard could not iiave conceived. Oh I il the commis-ioner (or l^ridewc or the maiiistratc! who bore tlie resohitioii of Tuesday, couhl have sat to tlie priih.' of Avon, then indeed we sliould have had ]\[r. Justice Deep, side Ity >ide with Shallow, and a precious i>air of portraits they would have made. 1 iiave already said, tluit if the alleged libel did not contain one word of ti'uth — that if it killed half tiieir woi'ships, instead of merely exciting them, you could oidy try me by the motives and inteiuions by which I was inlhienccd. The law infers i>'ulice irom the publication itself, and it throws the onus of rel)utting that inference on the party accused. To rebut iU he mu.-t ilo as I have done, exfjlain the reasons tor his coniluot, and sliDW that he was imiocent from ignorance, or that some public, exiixencv justified him in violating the strict rule of law. J lave I not done so? Which of you. in my situation, would have dared to do otherwise? If th'^ doctrine of intention were not clearly recognized by the English law, and if the jury were not made the exclusive judges of the circumstances which influenced the accused, there would be no safety for the })ress, no freedom of discussion at all. God forbid that I should attempt to set the press al)ove the law; society should tolerate no privileged class that are not amenable to it. 1 endeavor so to ])erform my daily duties, that 1 can at any time come before a jury and justily my conduct if re([uired. It", influenced by hatred and malice, I publi,-h matter, the tendesicy (.)f which is injurlou-. and which is justified by no pul)lic necessity, let me be puni.-hed with the utmost rigor of the law; but if, in pursuing my lawful calling, I seek the public good, even if I commit an eri'or of' judgment, I have a right to protection from a jury, and from a liberal construction (;f the law. Starkie, an eminent authority on the kiwof lilnd, says: "The occasion and circumstance of a communication may supply a (|ualili.'d defence, dependent on the actual intention to injure. The constituting a large TRIAL FOR LIDEL. 61 and fxtcnsivo barrier for the h^;i\ protection and immunity of tlio^o ■who act bona jhir and sincerely accoi'dini,' to the occasion and circnmstances in which they are ]>laced, is not v)nly jnst in a moral point of view, and advlsal)le as a measure of policy, hnt is ali-olnlely nec('ssary for the purposes of civil society. AVrre the more prohahle efh'ct and tendency ot' a jtuhlication to he the criterion of Lrniit, without reference to the real motive of the author and theocca-ion and cii'cum>tMnc(' imder which he acted, the rule would 1)e far too exclusive for the convenience of mankind, and the evil resnltiuir from the ])uhlication would L'reatly ontwei,Ldi the opposite ad vant aires to h(.' derived from it. It is indeed very possible that a jKirty, actuated by the very best intentions, may propagate erroneous notions, Imt so louuj as he urires these opinions hinni Jiifc and believiufr them to be just, and intendiuLr to do aood. his errors are not likely to prevail airainst the better sense; and judirnu'iit of matdsind to a very serious and prejudicial extent ; and the continual and casual i)ublication of erroneous opinions camiot be ])laeed in competition with the s[)lendiil advantages which flow from permitlinc full and fair discussion on every subject of interest to maid^ind. as connected with reliirion, politic-;, philosophy, and moral-. The sectn-ity of the public in this resitcct is am|)ly provided tijr by (^istinp^uishinir between that which is published with a sincere and honest iliouirh un says: " In reference to the criminal, as well as the civil branch of th<: subject, the occasion and circumstances of t h<' comnnmicat ion may furnish either an absoluto and ])erem])tory bar to criniinal responsibil- ity, or a (lualified one, dependent on the particular motive .and intention v'th which the party w:s actuated in making such conniumication." ' 'he advantages of free and unrestricted conununicatiou on all political subjects is great and recip. . "1; if the j)eopl(> Iwne thus an opportiniity of lorming and expressing their oi)inions on public mea-^ures, tlR)se who administer affairs have also the means affoi-di'il them of becoming ac- quainted with tliQ disposition, sentiments, and wishes of the peoph- ; of availing themselves of beneficial and useful sugLrestions ; of atlbrding ex[danation and redress where complaints are well foundeil ; in short of securing that esteem, respect and confiden<'e, on the part of the jieople. which are essential to an useful andvisiorou^ atlministration. ^^' lere says he, "the wilful act of publishing defamatory matter derives no ex- cuse or qualification from collateral circumstances, none can arise from the consideration that the author of the mischief was not actuated by any de- ^-M I : .t!i !■ ■:;■(: K.jr -l-l 62 TRIAL FOR LIBEL. lilx.'rato ami inulicioiH iiilciuiDii to iiiiiii-c, Ik-voikI that which is noco>sa- 1 I I ' I ii lis is icM-oiiahli anu I'lU'liI rily to he iiitriTcd Ir ihc act itscll'."' Tl and if I had pulilishi'd liiat Icllci', whih ii<» coiiiphiiiits prcvaih'd au:aiiist Ih 's.-ioiis; il' 1 wilt'ully sent siicli a char.^c abroad, IiaviiiL; no ^.'oud gronnd ll»r helii'vinir lha( it was trnc, and that investigation was iici-i's- i?ary, llicn wonld I ha\c irrossly ovci-stciipcil liic line ol' my ul,"'says Slarkic, "the md rational IVccdoni of i)nblic dix-iission, arc the siiliji'ctcd niy.-cll' (o (ill' |irn;ihi('s ol' tiic I; liberty ol' iho |in.~-, rral liohs ami bar- by wiiich alone deprethitors on thi; religions and po- litical riiiiits ol' .-ociely are (o be .-Iml out, and the interests ol' the eoni- inunity pre-erv(,'( 1. To .1. troy liiese avou Id in a nolitioiil sense, to sleep witli the doors unliolted, without the jioor consolation of being able to hann; the thiet'."' In the trial of Periy, the Attorney fleneral, in his o|)ening to the jury,ob.-erved: " From the bench you will hear laid down from the most respectable authority, the law wiiich you are to apply to those laets. The right of every man to repre.-ent wliat he may conceive to1)e an abuse or grievance! to the govei'nmenl of tin,' country, if his intention in so do- ing be honest, and the statement made ui)on fair and open grounds, can never for a moment be (|uestione(l. I .-hall never think it my duty to l)rosecute any [)ersoii for writing, |iriniing, and publishing I'air and candid opiifions on the system of the government and constitution of the coun- try, nor for pointing out what Ik; may hone-lly conceive to be grievance?, nor for |iropo.-ing legal means of redres-." It has often been thought fcitrange that truth should be a liliel. but il is very n^isonable notwith- standing. If a man throws a cup of coil'ee in his ■wife'- i'aee, and I j)ub- li.-h that in a newsjiaper, though it may be ti'ue, yet is it libellous, be'canse there is no public end to be served, ami I have no riuht to invade the sanctity of piivate lii'e. Erskine, through whose px(M-tions the declaratory .net was passed, con- firming the i-ight of jurii-i lo decide on the law and the fads, and whose views of the true bearing of the law of lilxd are now generally recog- nized, says in his defence of the Dean of St. Asaph: *• I come now to li j)oint very materia! lor youi' coii-ideralion ; on which even my leai'ned ii'iend and I, who are Iirought here foi' the express |iiu'pos(; of disagn.'C- ing in every thing, can avow no diirerence of opinion ; on which Jmlges of old and of modi'rn times, and lawyers of all interests and parties have ever agreed ; namely, that even if this innocent pape'r were admitted to be a lilx'l, th(.' publication would not be criminal, if yiju. the jury, saw rea- son lo believe that il wa< not pulilisiied by the l)(_'an witii a criminal in- tention. It is true, thai if a paper coatainuig sedilioud and libellous TRIAL FOR LIGEL. 63 maitcr, 1)0 piil)lislio(l, tlio jMiblislicr is prima fur.io guilty of soilition, tlio bail iiitciitioii hciiiLC a loirul inference from tlic act of |)iil)lisiiiinx ; Imt it is cMiiially true, tliat lie may rei)nt lliat iiiferdnco by siiowimr lliat \w. jmb- li?liL'(l it iimoceiitly." Have 1 iiol in this case utterly demolislied the Icjifal inference? And airain, says Ki-,-kine, in tlie lantinage of all the law books: '' The hostile mind is the crime which yon an; to decipher." lias my mind been hostile? When; is (he proof of malice? Sir dames ^lackintosh, in his defenc(! of I'eliier, says: "A jnry must be convinced, befon,' ihey liml a man Lniilty of libel, that his imentioii was to libel, not to state liicts which he believed to lie true, (.r ri'aL important (bities which they owe to mankind. To inform the public on the conduct of those who administer pid)lie affairs, requires couraire and conscious -ecui'ity. It is always an invidious and obnoxious odlce, i)Ut it i.^ oiien the most necessary of all pid)lie duties. If it is not done boMly it cannot be done effectually ; and it is not iVoni writers tretnblinir under the uplii'ted scourire, that we are to hope for it." There is a pas> igo in ("urran'- hall at the same moment be u subject of V'^- islative ilix-iissicjii and criminal prosecution. "Who can avoid feeliii'^ the deplorable impression that must be maile on the public mind, when the demand for that reform is answereil by a criminal information." T will not declaim, c^entlemen, on the value of free discussion, but I will (rouble you eu this head, with one other extract from this speech of (he Irish orator. After alludin penal statutes, he aacred pal- hidium, which no iniluence, no jjower, no minister, no government, which nothing but the depravity, or folly, or cijrru|ition of a jury, can ever de- stroy. And what calamity are the jieople saved iVom.by having a public comnumication lel't open to tlaMn ? I will tell you, gentlemen, what they are saved fi-om ; T will tell you also, (o what both are exposed by shut- ting up that communication. In one case sedition speaks aloud, and walks abroad; (he demagogue" (doubdess the sessions l)eli<'ve me to 1 1' one.) '• goes forth, the i)ublic eye is upon him, he frets his Imsy hour upon ]'i ;i . n - ■ t- . , t '■' y^A ,,,11 i I I ill' 64 THIAL FOR LIIJKL. tlic stii^rp ; l)iit .soon, ciilicr wcMi'Iiir-,-;, or lii'ihc, or |»uiii.>liiiK'nt, or disai)- pointinciit, I)( ill" liiiii (low II oi- iliivc liiin oil", nml Ik; iipprars no inori'. In tlic oilier ca^c, how docs the work nl sedition go forward? Xiudit after nitdit the iniillled rehel steals forth in the dark, and easts another and another hrand upon the pile, to whieh, when the hour of fatal maturity shall arrive, he will apply the llaine. ]f yon doiiitt of the horrid consc- (pienees of suppressing the ellii.-ion of even individual discontent, look to those enslaved eoiintriis where llw [)roteetion of despotism is supposed to he seeure(l hy such restraints ; even the person of ihc. despot is never there in salety. X<'itlier the fears of the despot, nor tin; machinations of the slave, have any shimlicr; the one anticipating tlai moment of peril, the other watching the o|)portunity of aggression. The fatal crisis is equally ii surprise upon hoth ; the decisive instant is precipitated with- out warning, hy folly on one sitle, or hy frenzy on the other, and there is no notice of the treason till the traitor acts." In looking into Hone's trials, 1 was annised with a verse or two of one of his parodies, (o the sentiments of which, after the labors of the day, I think we shall all respond : — " ri'iim taxes iisscssi.'(l, now niisoil at a noil, While ins])i'(t()is riiK- o'er us with thiir iron rod, Ami I'Nlieet lioinaixe paid tliem like sonie (h'nii-;^''od, Good J^ord, deliver us ! " From a workliniise whovo iinuLrer and [loverty rage, i\nd distini'tion's a stranu'cr to liirih, sex or a^^e ; Lame and Idiiid, all must work, or he e()o|)'d in a cage, Good Lord, deliver us ! •II ! " Trom six in a hcd in those mansions of woe, "Where notliiiii; hut heards, nails, and vermin do grow, And from [)ieking c>f oakum in cellars helow, Good Lord, deliver us ! " From sti of heef, old, wither'd and touj;h, IJri'ad, like saw-dust ami hraii, and of that n(jt enough. Ami searcely a rag to cover oiu* iiull'. Good Lord, deliver us ! " The wonl oakum reminds me of some other Inxm'ies which may be enjoyed by commissioners, in virtue of the j)atr()nag(^ t'ley possess. Ijut I will not exjilore tlu! recesses of the oakiim-rooins ; they have not spared me, l)Ut I shall be magniinimous, ami have some mercy n[)on them. I had marked many otlu'r passages, expressive (•!" the opinions enter- tained by the most eminent liriti.-h authorities, of the services rendered , « 1 r , f ;j 1 ^J ^ TRIAL FOR LIBEL. C5 by iho iiros-!, nnd flio l)OiK'fits of free, discussioii. I liad also proparod many rcH'ivnccs illustrative of tlKJsc priiicipk's of law which I havo ali'i'aily statrd, ami which show with how iniich care. th(.' |»n'ss has liccii prottM'lcd hy tho spii'it and pi-acticc of the, law in modern times. liiit niLrhl is closiiitj; npon ii', and I have already trespassed hirL'ely on yonr ])atience; I shall, tliei-ellire. conclude Avilh a hrief notice of the! ease ot the Kinji r.v, Keeves ; on an e.r-ojjlrio information, for n lil)el on the Constitution : — '■ 'I'lie Attorney (leneral. in his openin;jr. stated that this information liail been tiled hy him hy the direction of His iAIajesty. in conse([nence of an address of the iIon-(> of Connnons to him for that pnrpose. The House had re^oh ed it f(» I)e ;i malicion-, scandalons, and seditions lilxd, tcmlinL'' to create jealousies and divisions am(jnii;st His Majesty's lieire. sul)jecls, and to alienate the ailections of the people of this coiujtry from the Conslilution ; pursuing this resolnlion, charLred the defendant with an intention to cause it to be helievecl that the regal power and govern- ment of this realm might, consi.stenliy willi the freedom of this realm as hy law e.-tahlished, he carrieil on in all its fimctions, though no Par- liaments were holdeii ; and th(3 fourtii eoniU stated that il was defendant was woi'thy of pi-aisi'. and not of censure, tor the publication. '■The Alloi'ney (ieiieral replied. •• r.oi'il Kenyon said that tlie power of free dI-;cu--ion was the right of every subjecl of this eounlry. It was a right to llie iair exercise (»f wliicii we are indelited more than to any other that was ever claimed liy KnglisJnnen. ^\ll th(,' bles-iiigs we at present enjoy might i)e ascrilx'd to il. Il o|)ened the way for tlie reformation, and afterwards for the revoliuiou.and by its means were men emancipateused and excrescences aro>e, they might be lop])ed off, Ivut (1* 'I If il"^ i t ,1 ii! GG TltlAL rOR I.lIiKL !il llir sMiiic time, ill ii fill' (■(Hiiilry liUf <'iir». llii' |iriiiliicii(iii-; (if ;i puliii- (':il iiiitlidi' ."lioiilil iidl lie |(in linnlly (U'idi willi. In llii< cniinii'v aili Irnd- iilit cniiM iic\cr 1m; crii-litd liy tlic iiiiiiic ol' lii-^ |ii(i»('('iiinr. liowcvci' f^rcat lliiil iiaiiic iniirlit lie 'I'liis was iiol llic lirsl iiro-rciiiidii (•(iiiiiiunccd iiiidcr tlic dirci'lidii of llic Ildiisc of Cmiiiiiiihis wldi-li liad I'ailc li llic Killer rs. Sl()(lvdal(! the House of C'oiniiioiis wcri' also prosecutors, Iiiil (lie dri'ciidaiit ill tluit case was imt wci;,dird down ]>y ilic wci;:lil ot' ilio ]iros('('iilioii, nor did ihc jury hold lliriii'clvcs lioiind lo find tin' puli- liciUioii ii lilK'l because tlic House of ('oiiiinoiis had voted it lo \n\ such. JMie jury were in that case advised lo read tin; whole of the book, and from the whole taken to;_'etlier, to decide on the delin(|ueni"V or innocence of the defendant. AlthoiiLdi the jury an; to form their JiidLrmeiit u|ioii the |iarliciilar passage staled in the information, they may compare that with the whole book, and see how it is ([iialilied by it. '•Till' Jury were out a considerable time, and afterwards returned to :he bar and said that they were of opiniitii that the i>ainplilet was hiudily improp<'r ; but, nevertheless, thoiiirht that the defendant was not actii- ited liy a bad motive , and therefore found him not guilty. Lord Iveiiyoii said he approved oi' the verdict." Here then you see, gentlemen, that llu; wlioh; gist of the oirenc<' was the defendant',-' intention, and you see the doctrine ailmitted in its fullest extent by the crown oilicer, the judge and the jury. You see also the noble spirit of independence, the linn and unbending integrity, which di.-lin- guish an Kngli.di court of justice. There an imiocent man was pro- tected by tl;e law against the whole j)ower of the House of Conunons, as your verdict will protect me to-day against the ])ersecution of the s(;s- ^ions. Without this doctrine ol' intention, the law, instead of being a ])arental guardian of the press, jirotecting its lawful acts, and checking its abuses, would be a tyrant l)indiiig it with chains. It has l)eeii said by the eloipu'iit ^lackintosh, "That an I'^viiglisli jury is the inot aroiiml him the im- penetrable shield of the llritish law. Cieiitlemeii, 1 feel tiiat your verdict will rescue me from the perils with which 1 have been environed. You will not deii\er me over to iIk; tender mercies ol'tlie sessions. Vou will tell these jobbing justices that they should have come into court with clean hands ; that they should have " set tiieir house in order" — their I'oorliouse and their "Workhouse, before they came to claim a verdict te TRIAL I'on I. una,. 07 n'lrnii" lliiir I'dtti'ii rcpiitatioiH. You will imt send mo lo serve iIh' cmn- inisi^ioiii'f (if r.ridrwell, nor |ii'riiill lluni lo iiiaUi' me ilw fnvt teiiiint of liic stocks lliry ereeled in the m;irkel-|pl;i('e. lull lirvcf liavr used. I tlioii:_dit ol" y::illii'i'iii^' t'roiu tlie iirwsjiMpcr tiirs the viirious atliK'ks that ha\t^ heeu made IVom time to lime upon the se^-ioiis and ihcir olli- cers, ill order to exhiliil to you tin' ^.n'aduai swell iutj of this volume oi' aliuse ol' which their woi'>hi|is coiuplaiu. The la-k would ha\i' liccii au amilsinu; oiu', and alllioii;_di it would jirovc thai my |iers('culors had Ixi n I'oi" years deal" to the complaiuls of the eoiumiuiily. aud had ouly hccouii' siiddeuly seu-ili\(', when they thou,:ilil the whole mi;,dit he answered \>y a liill of iiidietmeul, the process wouM liavc been tedious, and 1 have alreadv taken no too much of voiii' lime. (ienllenieii. I have thus !,'one over ihe facts that rested on my mind at the lime I pulilishe(l the allcLred lihd ; 1 have shown the hearing; and depth of the impi'essions they made ; aud have, I tru>t, convinced you, ol' the entire ah-eiici' of any malicious molivc. I liave also >laled to you uhal 1 helieve to he the >ouud aud rational cou>lrucliou of the MuLili.-h Jaw; and I have read t(» you the eulo^iuins which Uriloiis oii the oilur side of the Allaulic have |ia<-ed on ihe value of the pre--;. I now put it to you, whether you will not, as an l-JiLdi-h jury would, take all the circum-tances of the casi' into con-ideraliou to reliut the lepd inference ol' malice ; and I a.-k you, if you will not extend to the press of your eounlrv the ^ame I'ational proteeiion which the liriti.-h press enjoys? Can yon ei'r. in following the example of that country, which luH heen so lon.u' the home ol' liherty ; whoso iiohle institutions have heeu the fruits of \'vw, discussion, ami under whoso hamier, and whose laws, we iw i-;i> uen : warmed iiv 1 1. are now assemldeil '? I do not ask yon lo set the press ahove that 1; Avhicli ( 'oke calls, •• the perfecliou of i-ea-on ;" hut I a>k you to cleai me in thai wholesome stream of IJritish aulhorilies revered at home', and impai'tiu!:; its heiievolcnt and inviguratinir inlluence to the most di-t- aut portions of the empire. AVill you, my eountryinen, the descendants of these i their blood; iidieriliug iheir lauLiuaire ; and havin,^ tin; priueiiiles for which they struix,!^led oonlided I.) your care, allow them lo be violated in your hand.-? AVill you permit the sacred lire of liberty, brouLrht by your fathers from the veueruble temples of Uritaiu, to be quenched and trodden out oil the simple altars they have rai>ed'? Your verdict will be the mo^t important in its eoiiseiiuences, ever delivered befon.' this tribu- nal ; aud I conjure you to judu;(! me by the principles of Isutilish law. and to leave an unshackled press as a legacy to your children. Yuu re- > « ■:■ ii ■ip W f w Ill il I. ,:,? GS TniAL ron r.inrT, mciiilH r till' |)r('--i'lii your luiiii-; of coiivivulity niul luirlli — di I <1<» not «I('-fi'( it ill llii-i it-; diiy nl' iri;il. l\ I'nv M iiKiiiii'iil I cniild faticy tli.'it your vmlicl would stiiiii iih- with criiiH'. traiii|» my n'soiirccs hy (iiif-', iiml ca-l my liody into |iii iinpiiNcs of yonili i-( Icctcil. and wliicli my rijirr Jnd'.niicnt HiUicti(»ns and approve-;. I WMiild toil on. ami hope for lullrr tinir< — till the priiH'ipIcs of Mritl-li lihrrty and UrilMi law had Iiccniin' more {fiiirrally diU'ii-cd. ami Iiad llirccd tlicir way into (lie licarts of my conii- trynii'ii In lli" mean liiiit' I would cndcaNor to u'lmnl ilicir inlcrf-t-- — to pidlrct tlirlr lllicrtlr-; ; aiwl, wliili' I'rovldi'iu'r lint mo liialili and strcm.Mli. till' iiidi'pcndriicr of tlir pp'--; should nr\cr lie violaii'd in my liamls. Nor is llurr a livin^j; thing liriuaili my roof that wonld not aid iim in this ,-triij:,i:lr : ' . wife wli(» sits l>y my (irc-ido; tin- children who play around my hearth; the (H'phan hoys in my oHicc. w lioin it is my ]>i'ide and plc.a-iirc to instruct from day to day in the ohliL'ation^ 'l"'y owe In their profcsslnii and iheir coiiiilry. would never sailer the pi'css to he wounded throii:jh my side. We would weai- the (oar-e-i raiment; Ave woulil eat the |ioorc~l tiiod; ainl crawl at iiI.L'hl Into the \erle-t IkpvcI in the land lo re-t our weary limits, hut cheerful and iindannled hearts; jmd the-e johhini,' ju-tices should feel, that one frnij'al ami united family coiihl withstiind their jicr-ecntlon. defy theli- power. an condemn me, the.«e men would say there is no truth in iho-e cliarircs. there is im lilnjr ■wroiii;'. and matters would conllnne in the old lieatcn track. If yoii aofpiit me. as I lru>l yon will, ihey nm-l fni'iii llieni-elves intoacoiirl of inquiry for -'•If-refoinialion ; they nni-t drive out fiom ainon'i 'hem tho-e men who hrliiir dl--rrai n iheii' r ink-, and mischief on liie cmu!- inimlly in which they re-ide. Ihil, Lrcntlenieii. I i'earlcssly consiii!! my- self, and what is of mon- cdii-eipienee, vdur coiiuIit's jircss, into your liands. I do not a>k lla- the Impiinlly which the American press enjoys, though its greater latilude is defended hy ihi' opinions of ChaiiccUur n TniAL FOR LIIIKL. C9 K.'iii ; Iiiit ;:ivf' inf wlint a I'ritisli «iilij('ct Iia-; a ri^'lit to claim — imparlial jii-licc. ailiiiiiiI»li'iT(l Iiy llio-c |iriiii'i|ilc« (if lln' |'"l'('talli( rs lixrd iiml have licqiiiMllli'il. I,r| not tin- >nli-. nl' till' Ui iii'ls loo!; aci'(i'^'< tia.' Imnlrr to the .-uii^ of ili*' Loyalists, ami iciuoacli tliciu tliat ilnii- |ii('»s i-< no! frci-. If I \vi-li((l to 111- tricil liy }oiir syinpalliii", T ini;j:Iit safi'ly apinal to you, ulio lia\(> known nic fi-oni my t-Iiiidliooil, and a>k if yon cvri' liiinid inalit'i' in my heart, or .ordliion in my hand-? My pnlilic life i-* licfori- you; and I know yon will lirlirvc nii' when I -;iy, lliat wln'U I >il down ill solitude to the hdior- of luy piol(--iiMi. llie only (ine»lion> I a-k niys(df ai'e. \\'liat is ri^'hl y What is ju-l ^ \\'lial i> ll.r the puldie ;r(,ni|> f am ol' no party; Iml I hold that winn I am performing' iny duly to tin.* coiuiliy, I am :-ineerely doiiiLT that which I enna^ed to do when I took the pre.-.s into my hands. You will hear the Attorney ( leniial clo>e tlii.s case on the part of the crown, hut do not allow your-idve- to he won liy his e|o(|U(uee from the plain I'ael- and -imple principles I have ,-laled. J mn-l. liowe\er. do thai gentleman (he jn^lice to ackiiowleil;fe, ihal in the condiii'l of this prosecution, I lia\i' received nothing hut courtesy at liis hands. A> an ollicer of the crown he is hound to periiirm this jaili- lic duly, iml I well know that persecutions of iIk! pre.-s are little to his ta-le. When urL'ed at times Iiy memliers of lla^ Asscnihly. over which ill his capai'ily of Speaker he presides, to re-eiit attacks made on that hody in The Novii Scotian, his aii>wer li;is invariahly Iteeii : "No! let the press alone ; if we cannot sland a.L^•linst ils a^^aiilts, we deserve to I'all." That, I donhi not, would have hecii his advic<' to the iiiajristratcs liail ihiy dei^riied to consnll him. IWil oh I had 1 his powers of oratory, how 1 could have set this ca.-c hefore you ! " Were I Unitiis Aiiil r>riiiii> Aiiiliiiiiy, ilicrc were mii Antlieiiy That .-iioiilil move ilio very stuni.'s," not of Ilalifa.v to niuliny and sedition, hut the hrokeii .■clones in Bride- Aveil to lau;ihter and to >corii. 'I'he liuhl of his peiieti'atiii;f intellect would have revealed the ilarkest recesses of municipal corruption; iiiid •with the hand of a iiiiisler, he would have sk(.'tched the portraits of tlie.->e jolthinLT justices, and hanging; them around the wtiUs of Uridewell, would have damned tla'tii to imperi>hal»le renown. To the gentlemen of the har, who surround me, my thanks are al-o due. They Iiave syinpalhi/.cd with the press in this its day of persecu- tion; they have sent me hooks, and volunti'cred assistance ; and althouuli the press .sometimes bears ii[)oii them, those who are and will be the .ii m < >i ■■1 m TItlAI- FOR LII!i:i, 1)ri'/lit('>f (iiMiMinciit- (if llif iii'(>rr--i(ii!. Ii;i\ (■ liciii iiunt lorwiinl in i^n- I .1'': *f i iil oniiu' ti) sii>l;im 1 (Icav (liscu-sioii ; lli<'v Uiiow I. Til cir >tllillr> Ic.-icll llirm llli' V.'lllH' el i rcc llir (i!tliir;itiiiii~ wliicli l-^ii'ili.-liiii I'll nWC lo llic press; ;iii(l tlicy well know, tlinl ;is tljc -ciMiritics (if lilc aiut pi'ojwi'ly wri'c >lrcnLMlirii((l ]\y ii- inlliKiu'i', .-n wdiild llu'j 1k' dcstnijcil Ijciiealh its I'liiiis. ( Jiiillcincii. T iiiii-t apiiliiLrizc (iir llic lime \vl:'h'li I lia\c (icciipicd. and for llic cn'ois and iin]i('i'f't'('ti(ins dl' ihis di'l'mci'. IJiit I now h-nxc it in vonr iiand-, conlidrnt lliat yon will discliai'L^c }[ into a pi'i^on for years, than meet you in al'lei' life, to re|)i'oaeli ine with haviiii;' mi-leil you tlii- day liy I'alse state- nionls of fact oi- Ian-. I have not done so, and I fe(d that I am entitUid to your vei'(lici. The jiress has constantly \ imlieated and maintained the indi'|iendciiec of juri"s ; MuLdi^h juries ha\i' lieeii the .-teady friends and protector- of the piM'ss ; and I now commit iny.-clf and the ]ire>s of ?s'o\;i Scotia to yoni' ke<'[iin_ir. a-lvin^!; oidy loi- Justice, saiK.'lioned hv I'aej;- li.-h law. [The delivery of this speech (>C(Mi[>ie(l ahoiit six hoiu's and a (jnarter. The dei'eiidant \\a- frei|nently intei'i'upted hy expressions of po|)idar fecdiii!.'. The Attorney (itiiei'al ro-idi' the advantaLCe of the niirht to reconstruct their case. ]\lr. Howe begged the court ti) li(lie\c that lie did not Avi.-h to ,-hut out any thing that could ,-hake his statements ; all he wi>hcil was to ha\(' the matter off liis mind. The j my were con.-ulted, and the foremaiu'Xpre-.-e(l theii wish to remain; it was theri'l()re determined to do ?o. but the crowd uiid the excitement being ,-0 gi-eat, and the (bfliculty of preserving order evident. His Lordshii) adjourned the court. On Tiie-day morning the triid |)roceeded.] The iVttorney fo'iieral thon rose .'iiul spoke as follows : — J/y Lonfs. ionate consideration. ()!i(; would su[)pose, from the va-t assemblage around lis. i If ' TRIAL FOR LIBEL. 71 and from tin* rcclintr niimil'f.-tcd, tli:U this was a iu)vcl proci'cdinir in courts of jiislicc, and lliat some oiilrap' on tlic ritrlits of ]iartif< was abiMit to 111' conuiiittcd. I'mt llicrr is no surli tilings wr Iiavc lo deal Avilli a plain (lur^lion liroiiiflit licl'orc ns liy tlir ordinary inod('> of [uo- CTrdihir, and to Ik; dilimd liy lln' rnl( s of law. 1 will not attempt t-,) lrav(d over tlic dcfriicc made liy liic defendant in tliis canse ; 1 am soi'ry to niret jiim here. He is a pcr.-onal iViend ; bnl the feeliiiLrs of frii nd- >lii]> which r entertain f )r him will not prevent mi; i'rom iloim: my duty. Indeeil feeiinirs ot' all kind- ought to lie di,-mi-.-i'd from your frea-ls ami I'rom mine, iiir they have lieen well dc^ei-ihcd hy an eminent authority to lie the •■ (|in<'k~ands of the law;" for nolliin;^ hut the cool operaticjus of the mind, inllueneed only by eviilenee, and the plain jirineiples of the common law, can be ell'cetual in keiping the peace of .-ocioty. It has been said, and I havt^ seen it pul»li.-hed in the newspapers, that wlien liie magi-trales read tlieii' nxdulion to iIk; eoui't. their lord.-hips referred liicm to me as their eouii^d, to direct them lo tiie object of their wi-he~. 1 Ijeg (o stale that 1 am acting here as the ollicer of the crown. I am not the retained coun>cl of these parties; if it had i.ot been ibr the ,-ituation I held, I might liave been. My learneil iViends who lia\-e con- ducted this c;ise are their counsel. 1 have no intci'<'st in the matter, I liad no wi>h to inlei'fere; but placed a> I am at the' bead of ilic criminal law of the country, and calletl on in my (illicial capacity, I .-hould be wanting in my duty if 1 did not state those ndcs and principles which ilie wi-doni of our ancestors has eousidere(l essential to the pidjlic peace. If the peace of society is broken, who ari' to repair it? Xot the press, thai is not the tribunal, but the ollicers of the er<(wn, the courts and jurie- ; tiiereibre ii is that those in aulhorlty ouglit to speak the .-cnti- nients of the law, that tlio>e things may be su[)[)ressed which would lead to the breache.-' of tin; iieace, and to every man becoming his own avenger. The defendant in this cause lias had every opportunity of slating hi^ case; as I trust while I lioKl the ollice of Attorney Gen"ral every man similarly accu.~ed will have. lie was under a mi-appi'idien-ion, liowevir, when he supposed that an cx-ajjicio information could not have been llled. but upon the oivlhs of tin; parlies I'harged, negativing the truth of tiie charge. I could liave proceeded by that mode, liut I have never been incliuehiiiik from my duty, but seek to perform it in accordance with the establi>hed ibrms uf the Constitution. One gentleman named the other course to me. but I said Xo : 1 will proceed by a fairer mode of indictment. I "Ik i ' 'I ■" :1-^ fsl W. 72 THIAL FOR Lir.KL. 1111 pnunl iliiit til (' the defeiul- ant. if Ik' can prove the truth of the publication, is acipiitted, because the law will not permit a jiarty to come into court and make money l>y his reputation. That is not the law as respects public bodies. It does not allow the defendant to escape in this way. Let it not be said that Iiecause there may be a feidiiig against one or two individuals in the magistracy, that anybody is at liberty to charge them all. Some of the feeling and exciteuKMit which is now abroad may have arisen from charges made by tlii^ grand jury, and an opinion entertained that they have not been supported against such charges. ]jut if th(>y could have joined in a private action, the justitication must have been as broad as the sljinder. because if it were not, it would have failed. When we turn !o the law. and as the dei'eiKhnit has said — fJod forbid that he should lie above it, or below either — I trust I shall convince him that he lias brought liiinself within its range. That hiw by virtue of which you sit here, and by which tin ir htrdships pnvsjdc! in this court — that wliolo some stream of the common law Avhich runs over even this remote portion of Ilis Majesty's dominions, .and in the language of the del'end- ant, purilies and invigorates the country; this is the law, the rule of con- duet, by which he prays to be judged, and I wish to administer to him no othei'. Let me now turn your attention to that law by which the defendant himself wishes to be judged, the l>est inheritance from our ancestors the common law of Kngland. by wdiich our rights and liberties are pre- served inviolate. The; lV('edom of a IJritish subject consists in personal liberty, jiersonal security, and privat(> i)ro])erty. Tin; person of every man is preserved from violence, and with the protection of personal rights that of reputation has always lieen considered sacred by our law. No man by nature, independent of any municipal law, had a right over another, neither had he any right over his reputation. 'J'he connnon law early took notice of libel and slander ; all nations whose laws are in any i-i . I I TltlAL FOU LIBEL. 73 way rofrardcd by llu' l.'vw (if 1'',;il'1miii1. cliis-icd ilio-^o ofTrnoor^ iimoiin; crimes n^fiinst llic pii1ili<' ]ic;ir('. The coimndu Imw courts ciii'Iy took coanizaiicc ol'tln'iii, and puiiislictl tlir oirciidiT Iiy fine and iini>riitiv(! enact- ment, it'is true, th'lininir liliel: neitlier is there any sueli n-.i^ardin^ other cunnnon law crimes and oifenees ; it is nmieces.-aiy for the law of the land It) speak where the law ol' nature and the ordinjiry sense of man- kind have ])lainly s[iokcn bettirc You huv(! -ecu me, as Attoi-ney (len- eral, in important criminal caics when; life has been lorfeiled, ap[)(.'al to the _!zeneral authorities liir the hiw to guide juries, as I must uow appi^il to them as re^ai'ds this otVcnce. One of the first objects of the law i- to withdraw from tli(^ injured the redress of their own grievance^, and to admini^ter equity and justice by the wisdom and discretion of tlio^e set apart for this important duty; but the direct tendency of libel, whether true or ialse, is to excite tu- mult, and lead to private revenge ; and as no man has u natural right over the jierson or re[)Utation of others, so no man has the pow(>r by himself of administering justice by arraigning, trying, and condenniing others, shouhl they even >eem to him to do wrong. The connnon law places UTider its i>roteetion the rei)Ufation as well as the person, and to insure the peace of society, lies up the hands of some, and the jiens of others. The celebrated Hawkins considers libels reiliicting on persons charged wi.h the administration of the law, as of great enormit}', tend- ing not only, like all others, to breaches of the peace, but likewise to en- courage insubordination to those in authority. Lord Camden considered it the particidar duty of jin'ies to set their faces against such libels. In- vective, and the. assigning t)f bad motives, can evidently answer no good pur[K)se ; such conduct camiot be justified towards private individuals, and society should connnunieate something of its saeredness to those in oil'ice. I^et ns then examine the ellect of lil)el upon the public peace, which it is the first object of law to preserve. The generality of men are more disposed to resent a contem])tuous word than an unjust action. Those who endeavor to dishonor us Ity words, are objects of more violent resentment, and more implacable resentment, than the authors of all other injuries. It is said that in ancient times there was slander, but lil)(d was not the oflence of an illiterate age ; and if there Avere few prosecutions, it was because a more siumnary punishment was inflicted by the sword of the injured. The b(;st of mankiml have ever been m «t| •i.ji ih:I >i .!l I i i ill H 3 Hi 1 V I' 1 4 i ■I i 1 1 !; I 74 TRIAL FOR LIBEL. lii^i^lily sensitive, und alive to iiijiiriLvs of reputation, antl public tranquility ilemands llial the retaliation for olFeiiees of this natui'c .should be wrested from tlu! hand ot" the injiu'ed, because anger, wliieli is ever ready to swell into furious jiassions, and prompt to innnediale vengeance, will lend the sullerer not only to magnify the wrong, but greatly to mistake the renu'dy. Ex])erience has taught us that all rules for the govern- ment of man are ineffectual in altering human nature, although much may be done, ami nnich has l)e(.'n done, to withdraw retaliatibn froni the hand of the injured, and to allow him the option of avoiding its ex- actions. Cases, particularly, which affect reputation, have been consid- ered I)y men of higli honorabh; feelings, and otherwise of great hu- manity, as denying this idternative, and demanding that they shall vin- dicate themselves. Some are not satisfied that a court and jury should he;u" their appeal, and that the slow j»rocess of the law should be inter- posed for tiieir protection. The be.-t feelings of human nature will not endure this species of insult ; feelings which no regulations, however framed, have yet been effectual in restraining; and although the law may d(.'mand forbearance, yet we have frequently seen that, in an un- guarded moment, the injured has stood forth as his own avenger, and: called for a trespass on the law, by seeking the life of the oflender at the lisk of his own. The due administration of the law is alone capable in a great degree of repressing this feeling; but it is not to be exi)ecfed that those original principles Avill ever b(! wholly eradicated, or that law and custom will ever successfully interj)0se any compon i which will, in all eases, be accepted in the place of jjcrsonal vengeance. Knowing the disposition of mankind, the law therefore watches over the begin- nings of mischief, and the i)unishmenl of libel was ordained as a means of maintaining the public peace. 1 will not turn again to the libel in the indictment except for a mo- ment, to point out the m(j.--t oliensive passages. [Here the Attorney General read the part which ehargt.'d over exactions, and taking largo sinns of money from the })ockets of the connnunity, by those placed in authority over them.] This, he said, was the charge of a crime of no ordinary character, — a cliai-ge ol'abu-ing the oiric(; tliey were apj)oiuted and sworn to administer, to put money into their own p(jckets. He had heard much from the defemlant iiy way of charg(3 against some; sufTi- cient was it for him to say, it was assertion without proof. If the na- ture of the charge woidd have alloweil of a private ])rosecufion. the de- fendant woulil then have been obliged to ])ut his ju--tirication upon the record, and to prove the truth of it by witnt.'sscs placed in the I»ox. and examined on oath, not by hear.^a}•, nor even by the rcpoi't of a committee h TRIAL FOR TJBEL 76 of Tlis Majo.sty's Council. TIic invc-ti'jralion l»y tliom mic:;lit bo a jn'opor .■^top ti) .~('<' it iIktc wvvv iidl crrni'- in this system tlic niatristrntes were t'allcil upon lo Mtlininistcr ; Iiiu, tliank (lod, tlic reputation of no man can be tried except in the face of tlie coinitry ; neither a report from thci council chanil)er, nor ironi any otiier body, could be received in evidence lor any ,-ucii ])urposo in this court. Had the circumstances .-tated by the dei'endaut aixaiust suuk' oilhi- majzistrates been brought to the notice vi' this courl by atiidavit, and not denied in the same .--olenm manned', I should have lelt it my duly to have tiled an information, and in([uiretl into the trutii of the matter cliar;:ed; but, in tiie present prosecution, you must consider it mere assert! )n uitiiout legal ])r()of. The liitel is not, as we arc informed, an editorial; it is not written by the defemhint. ]f the charges against the magistracy wen; thus broadly to be made, Avhy did the writer shriid^ from his work, why falsify him.;elf under a borrowed name, and become a coward in his crime, [Here the defend- jint interrupted lh(^ Attorney (leneral, and stated tliat lu; had fidl per- mission to give up tiie author whenever he [deased, imt, contrary to the ])raotici' in all such cases, tlie name had never been demanded. This declaration elicted a round of ap])lause, which having been promjitly suj)pre-;sed liy the court, .Mr. Archibald continued.] Although that was true, iiad the autlior been given u[), he would not have i)roceeded against the ])nblisher. Having said so much on the law '" libcd, allow me to say a few words upon what is erroneously understood to be the liiierty of the ])re.sg. There is no (|ue>tion of greater importance in a iWa country than the libi.M'ty of the press ; and within its legitimate bounds, I should be the last to interfere with its operations. The advantages which mankind have derived fi-om the use of the press have exeiieil a feeling in its I'avor not ca>ily to be overcome in a I'ree governmen!. It was the great means of difTusiug that knowk'dge which before 'xisted only in masses, in schools, .and universities, and making it the counnon atmosphere to be breathed by all. Moi'al and religious knowledge, and tlu; principles of liberty, were circidatcd by it. The term " frt'c press," however, is to be understood with its limitations, as this great ongiiK^ of human invention may other- wise be a- dangerous in its al)Use, as it is beneticial in its use : that term wa-; applied lo the pre-s in op[)o-ition to the licensing and shackling ^vhich it undeiwent in forni(a" times. The rulers of the continent seized upon tlii< valuable inveiuion as a s(jrt of royal i'ranchise. and enslavt'd and controlled it by limitations unknown to the laws of England. Our law thus deliues it, as the personal liberty of the person who us(>s it to expre.-s his thoughts in the more improved way, thus invenf('d by human 1 '^Hm! ] Tpl'-- » 76 TRIAL FOR LIliEL. :. ' I: i i ineonuity, lo.iviiici liiin always lial)l(' f or ain iiifrincfC'inciit o f tl le nviicLrfs () f" ollicrs. It was ii new jjowcr, but no new riirlit ot al»riil,Lr<'(l liy this new di-covcry. ami security of rciiutatiou was not al»riil,Lr<'(l liy lliis new di-covcry. TIic lialtility of puuisluiK'ut v.liicli that law imposed was not, on tlio one hand ahridwd, nor was any new rij^lit or privilege granted (o those who might u,-e tlie prc-^s. Fi'ce diseiission, although enlarged by the u>v of Ih ])]■(■ as confined to the same leirilimate l)onnds, as r( d tl ic rights of others; that which, i*" written and ])ul)lished in the streets, or stuck upon a. corner, and wliich was in its nature a lihel, would ho not the less so, whei ihlished in th )f AVhat newspapc man has a right to tiiink and speaU, he has a consequent right to jirint and to publish ; but no man ha? a right by the common law to speak and publish what is injurious, in a high degree, to others ; no man has a right of accusation, trial, and judgment ; so likewise no man lias u right to pul)Iisli, true or I'alse, in the ])ress or otherwise, that which a regard to tlie pulilie pi'ace and tlu; rights of society prohibit. He who cannot justify slander written of me in his individual character, cannot return into the iirst person ))hiral behind his press, and do the same thing with imjiunity ; the individual wrong-doer is not lost sight of by the law in the plural of the press. J^ct me now remark ujion the intention of the defendant in this publi- cation, lie has defended himself with the exercise of that clear mind and sound understanding, which he possesses in so high a degree ; but I cannot allow him the range he has taken for liio proof of intention. The intention of the writer is to bo gathered from the libel written ; and for that puriKjse he may call I'or the reading of every part of it, al- though not set i'orth in the indictment ; and if it be a book, or jiamphlet written as a review of the works of others, or I'or any otlur purpose, he may read jiassages irom the general work to prove rjiio aiiinio it was written. ]jut to allow evidence of intention to be given in any other way is unknown to the law. The extenuating evidenc(.' is confined to the proof that it is a report of a trial or n speech in i)arlia- mcnt, or the like; but exci'iit in such ca>e-, the writer must be judged by what he has written, and to have done the act with the intention which the ordinary sense of a jury put upon the work. 80 clear is this reasf)ning, that I shouhl not des])air, from the correct views which tlio defendant is capal)le of taking of this point, and notwithstanding his splendid defence, were he in your box, to persuade him to convict himself. This libel runs against all who have been in o""c(! for the last thirty ycai'S ; many of them, men of high honor, labored hard for the good of IP^ ' I 14! TRIAL FOR I.IBF.L. 77 (liis comniuiiily, niid li!\vop)iu! totlicir riiial ncooiiiitjc.'ivin!^ an unsullifil rcpiitatinii bcliiiul llicia — now lor tlu> lir.st tinu.' calk'il in question. Many now alive have ^iviMi up tlicii- time to llic piililic witiioiit reward, but all are ineluded in one ^reneral cliai'ire, witliout any (>videnee beinj^ given airainst any one. It re(iiiireut in this case, even to those aimed at, there is no proof; while all wlio are charged with keeping the ]iul)lic jieaee, are included in one libellous attack. Geiuleiiien, it is with you, under the law of I lie lam!, to pronounce U[)on this ])ublication, and be careful that your verdict be; not the occasion of greater mischief; that you do not open the floodgates of libelling, and lead partii-s to aveng(! themselves, and thereby to bring id)ont all the mischief the common law intended to prevent. I have stated the viiw which 1 think it my duty to take of this publication, and, having discharged my duty, I leave the cas(> with you. Ills Lordship Chief Justice Ilalllburlon, then delivered the following ditirge : — Gentlemen of (he Jin-i/, — This is an indictment ])referre(l in the name of the King ag.'iinst Joseph Howe, and it is tlie duty of the coin-t to state to you Avhat the law is Ity which the case is governed. This duty is, perhaps, rendered more imptM'ative by the novelty of tli(! proceeding in (;ur courts, aiid by the erroneous views which are often entertained of tjje law of libel. It has l»een tndy said, that nothing has been more libelled than the law of libel itself. There are three modes by which parties may seek redress, and by which society is lu'otected against the consequences of slanderous and improper accusations : by bill of indict- ment, e.r-ojjtei'o information, or !)y an action on the case, instituted by a private party for the damagv' which his character may have su>taine(l. - f lli^' i i : a ^ ■ ■li ^1 1 i 1 i-i; 78 TRIAL FOR LIBEL. i!.' M ' 1 Tlio l;nv of lilu'l. like tlu' rest ol' llio oomiuoii law of Kii,i:laM instance of a private ])erson, lor the vindication of his character, upon his own atlidavit that th(! ehartros are slanderous and untrue. So cari'ful is the law ol' the I'iLjht of i-epiualion, il as-nmes that nothin,!? can be more valuable to man than his character, and. therefore, it provides this easy mode by which a man may couk; into court and vindicate liimself iVom slanderous imprUalions. On the other hand, ihe party oppos.'l may come in ami prove that the cliarp's are ti-iie; and if he does, (lie prosecutor loses his action, because it is incinulKiit upon him to pn.ve that he is an injured man. When we proceed in the other way we throw the party entirely out of the (picstion. The matri>t rates are not known here. 'J'he defendant stands charged at the suit of the King; he has deiended himself with the warmth and animation natural to the situation in which he was placed, and he has had a wide scope allowed, iu staling to the jiny such things as he conceived material to his defenc(\ AVhere panics under- take to |dead their own cause, they are usually allowed a greater lati- tude than their council would I)e )»erniitti'd to take, lint as respects the magistrates we have them not here. Your verdict will not eondenni or acquit them. A charge of libel has I)een made, but it comes to us from the grand inquest of the couiUy. In bringing this case before iIk; court, the Attorney General had two courses open to him, either of which ho was at liberty to take. llecouM proceed either by information or indict- ment. A private party may have his information, but then he must coiiK! into court and swear that the charges are false. lie must satisfy the court that it is libellous matter of which he complains. Hut in a criminal action we have nothing to do with the truth ; we are only bound to protect the public peace. The other tbi-m of information is directed to this olject as well as the indictment. The Attorney General is entitled to file his informal ion ex oj^/irio, and over this the court has no coiUi'ol. He is wisely clothed with this authority, becau.-e in times of g'reat public excitement, it may be necessary to check disorders promptly, and yet exti'enicly ditlieull to get a grand jury to find a bili. The Attorney General, of course, in TllIAf, It) I! MItKT,. 70 ii lioiiinl to ncirnlivi' tin' iin- ])iit;ili(in- ; the Allonicy ( IimicimI i> IimuihI !<> cMTci-;!' a soiiml ili>('i'( tioti. Till' ollii I' coiir-r i- In 1:0 lii'l'iirr llir Ljiainl iiii|ii('-l, ami siil)iiiii ilif lilicl- loiis matter in a Mil of imlictmciit. ami il' liity .-hmilil In' of opinion tiiat it was not lihcltoii-. it' llicy iliil iioi iliink that il was calciilalrd to have a ini~iliir\oMs tciiiliiii-y. tlnii ol' (■oui'--r liny would not liml tin' l>ill. I'mlcr tlic-.(' circmii-tam'i's iIm' party cliarucil in this imlictmrnt has Ix'cii KroiiLrlit lii'f"'. Till' law umlcr wliidi lie has hccii ariaii:iii'il. i> i'oiimlril ill reason, ami coiiiiiioii -ciisc ami jii^tici'. As inilis idiials ai''' lial)lt' to coniiiiil otriiiccs a;:aiii~t ^nriciy, tin' courts haNc licni appointed to trv .-iich olli'iidcrs. Ii is not in the cohinni-; ol' u newspaper that they are to he tried and condemneil. And il' instead ol' parlies pret'erriiiL; ihcir aeeii-alioiis, and .-eekinix redress hejiire the proper trilmnal-. ihey choo-i' to x'atter aliroail charps and -n-jiieions, tinder eircuni'tanees whieh imlin-e a uraiid jury to liml a hill, liiry have a riirht to !)e hroiiijht here; and we are to iry wheiln'r the mailer eliaririMl was cak'nlated to tlistiirh the piiMie peace, anil to inceii-e and dei;-rade the parties at whom it Mas aimed. "Willi this invesiiualion we are now cmrau'ed. and hy your verilici ihe character of the imi'^i-trates will neither he impro\ed nor inJMn d ; ihi' Klwx is the pro-ecntor iicre. and all yon ha\ c to deter- inine. i-- whether ihe-e charLTes are liliellon-. and whether (tr not they an; calculated to di^tiirh the peace. Il would he dillicnlt to ^•ay that iliis Idler does not contain a serious reflection upon the inaL'ist rales ol" llMlil'ax. AlthouiLlli it is my ihity to in-trnci yoii as to tin' Iriie hearing-' of the law, and to tell you the view which I lake of the ])iihlication ii-elf; still the law has plac'il the wdioh; re-pon>ihility on yon; you stand ihcic — twelve men chosen I'roni the country, and repre-entin;.!; it on this occa-ion — hound to perform a .solemn duty, accordini;; (o the principles of hnv, uniiilliit'iiccd hy :vny i'celimrs hut lho,-e of reverence for the knv. We have hear.l much here ahout the iiherly of Ihe ]iress. The jMTss is never mentioned wilhoiU awakenin:^; a feelini;' of friend-hip in t!ie lu'east of every Hn,<];li-hman. il is to that !i;i't'at instrument we ari' indehled l()r the recognition ami L^eneral dill'usion of tlioso sonml principles that existed hel'ore its invention, hut, which hy its aiil iiave l)een vin licated and delined. 'I'o this we owe the llrm cstahlislmient ol' those salutary principles of the common law, hy which your verdict should lie controlled, hut which cannot hi' shaken or dcsiroyt.'d whatever way you decide. Your verdict, I repeat, ihou'^Ii it will hi; very impor- tant to the defendant and tiie communiiy in which you reside, cannot 1 1 1 !■ i M!' f' IV >1l i ' I'' :( ■ 1 'in!''*' ' ? if ■ti- i\ '-^^ I !! 1 1 f I : 1 •H. :■ . 1: i : ■ 1 i [t... 80 TRIAL FOIl LIIJEL. (li-tiirl) tlio-o T'lilcs of law l>y wliidi tlu' cliaraftcr.'^ «if |)!irti<"-» nrc jriiiii'tlnl. iiiid tlif lihcrtifs ol' tlir pre-.-, secured. Tlicy an- too liriiily I'.-talili.-Iicd to lie uiidiTiuiiu'd liy any siiiLdc deci-ioii, l)ii( ycf il i-; iiio-t dfsiralilc that all dcci-ioii- ,-liniild Ix* con-ici and fonfoi-niaMr to law. Yoii will ilo yniii' duty as I (1(» iiiiiie, ilioii^rli f'idly a|i|»i'Ofialin;( llic hcn- cilts ol' lice discussion ; tlic value of that eriL'iiie hy which tin* s!icr(.'(l Sefi|itnres ai'<'. dilViised over the universe, and which, lhoii;.di invented liy man. was the jfil't of (Joy which to eomniimicate his thouiihts and im|ire-sions to his neifihhor, .so has he ;„'i\en him the press Ity which these maybe conveyed over tv wider range, only bounde"! by the circle of human sympathies and civili- zation. The ^ift of speoi'li is sometimes abu-ed. The ton^^ne that ha- been given to praise its ^faker is fre(|uently u-ed to blaspheme him; ami thus the press. Ik stowed lor the [nirpose of correclinj^ the (MTors and improv- ing the condition of man, is sometimes directed by malice and revenge, lo the injury of private character, and l\ui disturbance of the puldie peace, lie who thus conducts or uses the press, subjects himself t{» the jienaltit's of the law — the same law which existed for the ]»rotection of society before the ])ress was invented. That engine has nol altered the law. although it has nuiltiplied cases for its exercise. J^et discussion be free; but accusation and discu>sioti are dillereiit things. Though sut h charges are Ireii'ieutly found in newsj)ai)ers, still, if individiuds seek their remedy, or if IIk; crown odicers pre])are a bill of indictment, the party having had the i>r()tection which such an investigation all()rds — for twelve men out of twenty-four must find the bill — comes beloro a court wluoe duty it is to state its opinion of the law and th(^ tiicts ; and if the jury find that the party has deserved the jjcnalty of the law, ho sulTers that from which he should have been shielded iiy his own pru- dence and di-cr<'tion. These are the principles by which ])ublie discus- sion is regulated, ai'.d I il'ol sati-lied that while you will be disposed to cherish and protect the pre.-s, you will never sanction its abuse. The course taken by the defendant has ikjI been to induce you to believe that this paper is not a libel, but that he was acting under txn impression that the chax-ges were true, and that with that lidicf ho ad- mitted it into his columns. It is my duty to tell you that that is no legal excuse. If every word were true it would not be a justilicalion ; how then can he be excused ? Surely not by the sUj)po(ati' hy yonr vcnlict. that il is lihi'lloiis. Villi ai'c imi hiiiiinl Iiy my oiiinioii. Von arc imt to In- ihllii- Ix't'orc you aiToi'diii'^ to ic ca^t ciiccfl I>y li'fliiii^s, hilt I'l pi-oiMMincc on l! tln' sohci" coiivictioiis of yiiiir own mill'!-. If you think tliat lhi> is not a lihrl, as a c'onsnpiciuT, you must think that il hears no relicciions Inju- rious to the eoinphiiniut? [larties. Iflliis is your opinion .say so; I hnivo the case in your hamls. [The Jury relireil for tt.'u minutes, vIkmi they i-eturned witli a verdict of ^of G'liilti/. The hreathless silence in which it was heard, was broken hy slioiits of applause fi-om the immense crowds in and around the court house. Al'ier receiving; the con;j;ratulations of his fii( iids who Avere immediately ahoiil him, the defendant hegged leav(! to reliii'ii thanks to the court for tlie kindness and consideration which had been extended to him throughout the trial. He trusted he had taken no lihei-ty to which a r.iili-h subject was not entitled, but he i'elt that the court might, as had liecn done elsewhere, have broken his argument by interruptions, and tied liim up within narrowei* limlis. ( )ii leaving the I'rovince build- ing he was borin' by the populace to his hom(% amid-t deafening accla- mations. The peo[)le kept holiday that day and tlu; next. 3Iiisical parties paraded the strei-ls at night. All the sleds in town were turned out in procession, with banners; and all ranks and classi-s seemed to join in fcli.'ilatioiis on the ti'iumph of (In! press. 'J'he crowds were lu'ielly nihlressed by ."Mr. Iliwe Iroin his window, who besought them to keep the peace ; to enjoy the ti'ium]ih in .social imercourse roinnl their own flre-ide<; and to leach their chililreii the names of the TW'i:i,vi: mi:n. who had estal)lished the IKKKDOM oi' TIIK I'UKSS.] Tliis iiii^riiious and inat^lcrly (lefciicc, iviado for Mr. llowc, as iiiiu,Iit iialiiraljy be expected in a small eommuiiity, some bitter and implacable enemies. 'J'lie bold stand which he had taken nii^ainst the bankers on Ihe currency (juest ion, made some more, while the iVej'dom with which he exatnined the very roimda- tions of our provincial govermnent, startled and alarmed a good n 1*1 I ! I :.|i IMAGE EVALUATION TEST TARGET (MT-3) A /- WJ.A I/. I Pi ■- IM |||||21 I.U I" "— 1™^ I.I 1.25 M 2.2 !f lio 1 2.0 1.8 U II 1.6 V] <^ /] ^^ ■ <% - ^ 7 V /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4ss 4-; L& ^ f :' 1, ' 1 ; ¥■ i I'l! 1 V ■' i\ i' i^ 82 PRESENTATION. many timid pooplo, whose fears were excited by the misrepre- sentations and exaggeration of persons interested in the main- tenance of the abuses which " tlie coming man" as.~;ailed. Ilis popularity, liowever, steadily increased, and his name became more extensively known. On the 18th of INIay, a silver })itchcr v/as sent from New York by the Nova Scotians in that city, and at their request was [)ubliely presented to Mr. Ilowe, in the Exchange, in the midst of his fellow citizens. It bears this inscription : — rKKSEXTKD TO JOSEPH HOWE, ESQ. liY NOVA SCOTIANS RESIDENT OF NEAV YORK, as a testimony of THEIR RESPECT AND ADMIRATION for liiti honest imleiienilcncc in iniblicly exposing fraud, IMPROVING THE MORALS, and correcting tlic errors of men in office, AND III3 ELOQUENT AND TKIUMPUANT DEI'EXCB in support of THE FREEDOM OF THE PRESS. CITY OP NEW TOIIK, 1835. In the autumn of this year the serious derangements of the currency produced great commercial depression and gloom in the community. Many of the laboring and middle classes emigrated to the United States, and feelings of distrust and a])prehension were wide-spread and very general in all parts of the country. Mr. Howe exerted himself to rouse the spirits of the people. In a series of articles he showed that the causes of embarrassment and depression were but temporary and would soon pass away ; that the undeveloped resources of the Province were great and inexhaustible ; that to ily from a country so richly endowed was folly and sheer cowardice ; that prosperity would return with a sound currency, and that every community was subject to similar crises, which energy and perseverance invariably overcame. These appeals restored confidence and did much good. \'- m RAILROAD AFFAIRS. 83 Towards the close of ihv. year Mr. ITowe lost, his fiitlicr, at the advanced ago of ciglity-three. The j)ersonal appearance of this geutlemau we remember very distinctly. He was taller and stouter than his son, strongly built, with a r(Mnarkal)ly benevolent expression of countenance, and a fine head. The ]niblie references made to this (>^timable man have been al- ready noticed, l)ut in private life; his son was never weary of cxj)atiating on his virtues. " For thirty years," we have heard him say, " lu; was my instructor, my playfellow, almost my daily companion. To him I owe my fondness for reading, my familiarity with llie Bible, my knowledge of old Colonial and American incidents and characteristics. lie left me nothing but his example and Ihe memory of his many virtues, for all that he ever earned was given to the poor. lie was too good for this world; but tlu; remembrance of his high principle, his cheerfulness, his child-like simplicity, and truly Christian char- acter is never absent from my mind." On the first of October, 1835, jNIr. Ilowe commenced a scries of articles that were afterwards republished in pamphlet form, and in which puljlic attention was directed for the tlrst time to the practicability and importance of connecting Hali- fax with all the counties lying round the Basin of INIines by means of a railroad to Windsor. Had this project been carried out twenty-two years ago, who can estimate the eft'ects which it would have produced by this time upon town and country ? Windsor, it may be safely assumed, would have been as large as Halifax was in 183-5, and Halifax would have been far in advance of Portland or St. John. But Mr. Howe was not in the Legislatiu'e at that time, and there was not forecast and energy sufficient to grapple with an enterprise of so much magnitude and importance. In 1836, several articles were written by Mr. Howe, call- ing public attention to the value of horticultural gardens, as schools of instruction, replete with genial iniluences, and repositories from whence would spread a taste for flowers and a knowledge of scientific horticulture. A society was formed shortly after, ground purchased, and the valuable gardens which now adorn the peninsula of Halifax attest the liberality and ■f ? ;!|t ■ By ■•1! i:4 ' } I t 'f " >^ ^ .HI rt} ij .^ , , J i 1 ' 1 1 1. ^ '■ i li 1 f . ( , '■1 I Hi ELKC'TKD TO THE ASSEMULV. zeal of 1lii).<(' l)y whom Ihcy arc owned and condncicd. Tn tlie fdc^s of Hiis year we find a lectnre deli\-ered l)y Mr. Tlowe, on the " ^Nloral Inlluenee of Woman,'' which, wilh some others, many of liis countrymen wiJl not regret to see preserved in this coUecljoii. Tlic House of Assembly was dissolved by proclamation on the second of November. It had not, in INIr. Howe's opinion, realized iho expectations created in the i)ulj!k' mind dm'ing the debates upon the Brandy ({uestion, and had utterly failed to carry out any organic changes in the structure of the Council, or improvements in the mode of administration, which he and many others so ardently desired. U[) to this period my personal knowledge of Mr. Howe had been but slight, as I lived in the interior. W(> were both nominated and elected to represent the county of Halifax, in November, 18-36, and, from that time to the ))resent, we liavc b(>en not only political but intimate per- sonal friends, diflering upon soine (piestions, but agreeing in the main ; and our social relations have never been disturbed by any I'onllict of opinion. When we met on the hustings, I had an opportunity of hearing ]\Ir. Howe for the first time address a j)opular assembly, and was surprised, as his fellow townsmen generally were, at his command of materials and of language. Elections, under the old law, wvrc not, as they are now, held simultaneously and determined in one day. An election for the county of Halifax lasted a fortnight. The can- didates addressed the electors every morning and evening if they chose, and as often during the day as occasions arose out of the struggles of party or conflicting inter])retations of law. But one or two sjieeches by ]\Ir. Howe had ever ap})eared in print prior to this election, and I w^as not prepared for the per- fect command of his audicmce, and for the readiness, tact, and humor, displayed by him from the beginning to the end of the contest. His majority at the close of it w^as upwards of one thousand votes. From the speeches delivered during this election it is easy to gather the reasons wdiicli induced Mr. Howe to go into the Legislature. We give a single extract ; — ELIX'TION SPEECHES. 85 But, it may bo a?k(xl, •what arc those hheral opinions? What nro you all contcniling about? I will tell you. As ros])('ctsi this town, we ask for a systom of responsible government — such an administration of our muni('i[)al affairs as will give to the lower and middle elasses that influenee in society to -whieh thoy are cntitleil, and place all the ollicers who collect and expend the people's money, imder the people's control. Every complaint that has 1)een hitherto made, has l)een answered by an obnoxious appointment, or an increase of expen-e. The grand jury turned out the clerk of the license, l)ecause Ik; did not keep his accotnits correctly. "What was the result ? ]Mo■'■ ^ ■'■■I it;: 8G KLHCTION SI'EKCIIES. In his spcocli cU'livercd at llic closo ol' llic p»)ll at Halifax, then; is one of tliost; oiit])nrsts of filial tendernes-s to which ref- ercMice has already hvvn made : — GoiUli'iiK'H, I will not tlcliiiii you loii^fcr. Allow ino to say in c Oll- clusioii, that I have lici'ii i.u'oud ami liappy to sei- not only lliosc friends come here to vote lor luf on this occasion who agree with me in political sentimen t, hut lunidriHl liose wlio liave known me Ironi a ( lil.h niai 'y of Avhom Avere my schooH'elluws, or associates in the sports of hoyhooil, and whose iamiliar faces reminded me of many a joyous sctnie. Those who have known me hest and longest, have l)een Ibremost in their ex- pressions of confidence and esteem. J sincerely thank them, an province, were the openly avowed objects vvhicli induced Mr. ITowe to enter the Legislature. He was not tardy in commencing his work. The members were sworn in on the olst of January, and on the motion to appoint a clia})]ain, JNIr. Howe took occasion to claim for all religious denominations and creeds that perfect equality which has been since so universally recognized and firmly established in every part of British America. The doc- trine propounded, however, somided strangely in the cars of a great many people in 1837. Its general scope and tenor may be gathered from this, the first resolution ever moved by Mr, Howe in the House of Assembly : — Hesolced, That, representing the whole Province, peopled by various denominations of Christians, this House recognizes no religious distinc- tions, and is bound to extend not oidy (M'ual justice, but e(pial courtesy, to all. Up to this period, the Legislative Council, which was also '»;' COUXCIL DOWN. 87 the FiXccntivo, sal with closed doors HirouiijlimTt the sossion. This ])r!ictic(^, ridiculed jiiid complained of for years, liad sur- vived Ihc s!iarp(>st collisions of the brandy dispute, and had been left nnrefornied by tlu^ I ist House. The attention of the new one was called to it without delay. Tlie routine business of the openinijf day havinj^' Ixmmi dispatched, ]\Ir. L. O'C. Doyk; moved, and JMr. Howe seconded, tlii^se resolutions : — Ju'siifrcif, Thai the ]ir;u'licc Jiiliici'to piu'sui'd liy His jMajcsly's Legis- lative Council ill tills I'foviiice, of cxclmliiig (ho ])co[)lc from their delib- erations, is not only at variance ^vilh that of the House of Lonls in Kn^iiuid, and that of several of llu; legislulivc Councils in the other llritisli North American colonies, hut contrary to the spirit of the r»rit- ish Constitution, and injurious to the interests and libLTties of this couii- try. .R('sulrc(h That ^\\\'\]o this House has no desire to deny to the upper branch of llu? legislature the I'iglil enjoyod l)y the representatives of the people, and sanctioned hy public o])inion, of closing their doors during the discussion of questions of order and privilege, and on ]iartieular oc- casions, Avhen the public interest may reciuire secret deliljcration, yet they should fail in their duty, if they did not express to His Majesty's Council the delil)erate conviction of those they represent, that the system of invariable exclusion, pursued for a series of years, and still pertina- ciously continued, is fraught with much evil, and has a tendency to foster suspicion and distrust. Resolved, That this House is pre|)ared to provide the expenses ■which may he incurred for the accommodation of the public in the legislative council chamber. Resolved, That the clerk do carry these resolutions to the Council, and request their concurrence. Mr. Doyle's speech on the occasion was spirited and to the point. Mr. Howe said : — lie trusted that all the members would approach the subject with the same spirit as himself. They had been sent there to do the public busi- ness, not to insult the members of the Council, and he could not conceive that their actions could be misinterpreted. From one end of the coun- try to the other, the people were indignant at the idea of one branch of the Legislature sitting in secret conclave, to transact the public business. It was an insult to the peo[)lc ; and in England, the House of Lords, li'lVi Hi 1: f $1^ M fill .-if' . ; If; vSt 'i HtM \ ' 88 couxcir, DOWN. willi all their IiiL;Ii rank mill licri'dilniy priv ilcu'cs, ili'l nut dai'c In sliiit tlir ii('(i|ilc mil Iroiii llicir (IcIilu'nitioMs. It may lie sa'nl, (•(UitiiiiK'd Mv. Hour, tliat this is iiiciv iiiatirr ol' spfciilalioii, and tliat (i|)ciiiii;^f the doors would lie prodiiclivc ol' no liciictit ; IjmI it" j^ood rc.-tills to iis iVoiii llif jpiihiicily ot' our dt'liliiTalioiis, what is to ]ii'c\('iil the same cau.-c fVoiii Iia\iiiLr the .-aiiic ellrct in the other end of the hiiildiiiL!; ? At some other lime il may he necessary to coiisidei' the slnictiire ol' that Ixidy — to dissect il, and ,-liow lo tlie country its iiiilitness i'or the purposes ol' u l(,2,'i>hilive as.-emhiy, lint thai is not the (luoslioii now. lie would ask, if the Iloti-e would ;^i) on year after year, allowinu; one; branch of llio Legislatiii'e to clo.-e its doors to the people? Were the courts of justice to he shut Up, he feareil, from the natural inllriiiily of the hiinian mind and the dan;,Trou.s ell'ecis of secrecy, that those men who now d to open defiance, and both Houses were thus fairly committed to a contest which was destined to take a wide range, embrace an extensive field of discussioji, and engross public attention for a series of years. Early in the session, a bill was introduced by IMr. Doyle for I iti',. t;t:pi,y to stkwaht. 80 rodnciiiij; I In' dnratidii of I'uiTMimciit from seven years to ft)ur. Aiiiiiiiited (lel)iiles anise upon this nieiisiire. Mr, Howe's part in llicni was sullieieiitly consiiienous. lie supported the hill. Mr. Stewart, wiio o|)[)osed it, and who resented Mr. Ifowe's ne\vspa])er eritieisnis n[)ou the eonchiet of the hist Jlouse, attacked him with i^reat bitterness and severity, and chal- lenged him to a discussion of the points involved, andtoa de- fence of his opinions elsewhere exjiresscd. We reinend)er the scene as distincllv as if it occurred but yesterday. Mr. Jlowe had sat n[)on the red benches but I'onr days, lie was altDi^ether unpractised and vniknow'n as a piU'lianientary debater; and when one of the most alih* and experienced lea(h'rs of i\n\ Assembly — havinir hurled at his head sarcasm, arjj^ument and deli;ince — sat down, every eye; was turned to the new^ member for Halifax, and a good many of his warm friends were doubtful of his 'ability to bear the shoi-k. In the court and on the huslini^s he had astonished everybody; but the Assembly was a diU'erent scene. JIt^ might, or might not, be able to hold his own with half a dozen skilful and able debaters sitting around him, ready to search every joint in his armoiu'. We felt that much in his fut pre career depended upon his ability to bear that shock. As ]\[r. Stewart sat down, he rose, and without a moment for rt (h'clion or })reparation, accepted the challenge, and hnrled ])ack upon him argument and sarcasm, with the n(>rve and ])oldness of a person very un- likely to ho. intimidated, and with the iluency of a practiced debater. Prom that moment, Mr. Howe might be said to have won his footing in the new House, and bef )re the close of the session he was the acknowledged leader of the • j ailar majority. We give this speech, not b(^caus(^ there is any tu ,," very remark- able; in it, but because; it marks a |)eriod in his public lite and mental development to which his friends attach some interest : — j\Ii'. IIowo was at all tiiiics anxious not to tire llic House with much talkintx; lie knew from experience fiiat members were not inclined to waste time in listeninjjf to speeches not hearing on (he question, or etil- eulnted lo fiicilitate llie business before the House. I have, said he, stu- diously refrained from making' charges in this Assembly, upon those that preceded it. My opinions ;is lespeets llieir measures, 1 have elsewhere 8* ''^i Ii*4;:i in 00 TEPLY TO STEWART. m m iiiili frct'ly cxprci'scd ;— for tlioso opinions I fuii of coiir-ic rosponsililc ; — l)iit, I pi-csiinu! tliat I 0!in only be ciillcil on Iktc to dcfcnil wliat I may say and do as a nicndtcrol' lla- House. As, liowcvcr, llic IcmimmmI and lioiior- idtlf nicnil)i'r IVoni C'innlirrlaiid lias tlion.^dil proper to cliallenp' those who have elsewhere arrai^^ned (he eonduel of tlie last lloii-e, and ealloil upon tiieni enipiiatieaiiy to meet him, and put their valine cliarges into shape and form, I, as one of tliose, am ready to accept his eiiallon;fe, and to point him to some (»f the rea-ons whicli in(hiced me to liml fanlt, — which created dissatisfaction in ihcM-onntry — and wiiicli, I believe earned lor that body a n'putation that 1 trust the present House will endeavor to avoid. I will not j^o into an elaborate review of all th(> nn'asures of that Assembly ; but the learned gentleman will permit me to turn his attention to on(> of their earliest acts — to remind him that while yet fresh from tlio hustings, with j)opnIar professions and sentiments of patriotism on their lips, one of the lirst things they did was to increase their own )»ay. Was not tins a measure ealeidated t(» arouse suspicion ? To e\eite the people's fears? And though in itself i)erhap.s a triile, was it not a pretty decided indication of the sjjirit and leanings of that Assembly? One of the next things tluy did was to double their Speaker's salary. The learned gentleman will perhaps also allow me to remind him of the commutation of the (juit rents — that ridiculous arrangement by which £2000 ]ier annum wen; taken from the resouices of the country to swell the casual revenues, by which the only chance Ibr reducing our enormous salaries and making a ^alisl'aclory adjustment of the; civil list, likely to occur for years, was lost to the Province, and the hands of those, already too powerful for mischief, were thereby strenglhened. Th(\so an; some of the things Avhich that House did ; allow me to turn to some others which it neglected, and which this one has as yet shown no dis- position to neglect, and I trust may yet accomplish. The learned mem- ber has talked in a sneering tone of what this House has already done. What has been done will be acce[)table to the country, as at least a pledge that it intends to do much more. It has already recorded its opinion of the right of all religious denominations to perfect equality ; it has abolished one invidious distinction; and I trust it will I'ollow up that measure with another, which will drive the bishop from the other branch of the Legislature. Tlu; members of this House are the repre- sentatives of the people, composed of every religious creed, and it is their duty to see that no particular and favored church has its represent- ative, as a matter of exclusive right, at the council board. The learned member from Cumberland is fearful that the Quadren- I REPLY TO STEWART. 01 nial liill is oalciilatcil > destroy tin- iiilliKMicc of this IIoii-o upon the oilier braiiflu's ; Imt I will a^k him ii' the ia4 scptciiiiiiil Asscmhly look iiiiy {■nVcliial stf'ps to diiiiiiii-h lln' powers of His Majesty's C'oiiiicir:' Did they a-k lor the removal ol" the hl'hop? Did they not leave tiie Chief Jii.-lic»^ to jire^ide over that hoard — to miui^h.' in the strife ol' poli- tics, and hy his iMlhieiice over th(! courts and the bar, to Ib.-terand maiii- tiiin 11 narrow and illiheral party in tin; conntry, opposed to measures of reform, and the jii-t claims and acknowkHlged interests of the ])eople ? I trnst thai this Assembly will endeavor, a- far as po-^iiile, to draw a broad line of demarkalion, separalimij tiie juiheiary from politics, and for one, T am fre(3 to declare, that I will n(!ver rest until the Chief Jns- tico is removed from the Conncil. I will ask tho learned ^rentleman if the last House altempled any thing ctlectual to sati>fy tin; general wish of the conntry, by improving the ^trnclur(> of that branch? Does he consider that body, as now con.-ti luted, such a one as ought to exist, to pass npon the measures of this House, and di-patch the' bu:>ine-;s of the Province? He know.s that members of that body are called upon in one capacity to make the laws, in another to ailmini>ler them, and in a third to advise theexeeiitive as to their execution. Such a comliinatiou of powers is at vai'iance with the prineiples of the IJriti-h Constitution; and if it be true, as has been pretended, that the abridgmiMit of tin? period to four years will fail to weaken their influence, I have liltli.' doubt that letting the public eye range over their di'liI)erntions will cro ate a salutary check upon their conduct. But this House will lidl >hort of its duty if it stops here ; — it should endeavor to have a reconstruction of that body. Having shown the learned and honorable gentleman, in answer to his defiance, my opinions of some of the acts and omissions of the past House, I will not occupy time longer with that subject. I support the present bill because I believe it will improve the character and increa»;e the power of the popular branch, and because I am satisllel it will be acceptable to the people. It will give them more fre([uent opportunities of reviewing the conduct, and rewarding the faithfulness or puni.-hing the neglect of members, and therefore T know that it nnist be praclicidly useful. I will not libel the character of the constituency of the country, by attributing as some gentlemen have done, the results of the last election to mere accident. Here and there some local combinations, or some impro[)er influence may have been brought to bear ni)on jjarticular contests; but the electors in general knew well what they were about. I said on a former day that I was desirous of coupling this measure with the , ute by ballot, but was afraid of eudangerhig one good princi- M i ^ Hi .K 02 nnPLY TO STEWAHT. I ;! !!=■. m Jill' )•}' scckliicr ton miicli in llio sanwi liill. Vet I slioiild liavo licon n«liiim('(l to iilldw lliis ti» |p!iss witlioiit ;,'Iviiiir liiii' iidiicf of my iiilcD- lions (() Iii'ini; llic oilier Coiujiril at a f'litiirc lime TIp" lioiioraliic and IcariH'il ;.>TiilIrmaii iVom ('iiiiiIk riainl Iia-i a>k('(I. il' Hmr yai's In' '.'ooil \\\iy will mil one lie licllrr? If iliat .i^etillcman's coal woiilil wcai- wril for I'oiir years, wliere \v (i|i|io-e(l to the Iiallot ; thai he is only (iir a safe and moderate reform; and (hat he fejirs to introduce any new princi[ile thai has not been saiictioiiecl hy the jiraclice of the mother coimtry. For my part, I cannot altogether ai:,'ree with Iiiin. 1 have not thai pions horror of iinio- vatioii with which some LTcntlcmen arc iinliiied. I do not thiidv that the colonial le,!ii>laliircs ,-hoiild always shrink fr slme pinches t/s, and having done so. with a firm hand remove tlu^ evil. As i-egards the iu'ee--ity for annual cdectiublie atfairsof Nova Scotia? They may pass away as ra[)idly as Danqno's ghosts vanish from the stage, williout pro- ducing any sensible intluence here. To follow out the pi-incijile fairly, the House of Assembly ought to be dissolved everytimc; the colonial ministers are changed (and they are changed often enough, Heaven knows), for they are the real colonial kings. I was not desirous, Mr. Chairman, to go back to former Houses of ^'u\,.> m TWKLVR nESOLl'TIONS. 03 I ' A'^('iiil)lv, iHir ti> I'.'i--' "iiy t'rii-iirr Iifi-i', whalcvtr I may lia\c don i'l>C'\vln'l'c, iipuii tl H'lr II ii':isiin>i, lint lia\r liccii ili'awii IiiIm il liywlial \Vi\-i .-Mill I'V nllici'-. I liavc In iUimI n lillli' iiitn ill.' pre iliii;.'-* nl' l")!'- 1111 I' A--<'iii!»Ii<'-.; niwl -n liira- I am I'liai'ii'iu'ij, I am ili'-irnii-; Ik iimk llna-i' a> lillli' llki' lliciis as |i(i--II)!('. Diiriiii^ lh(! week which rollowcil ilic (Iclivcry orilu' Coiiiicirs M('ssiijL(<', ihcri' was iniich iiiirtli and csldciit triiiinph in ihc K\rciilivc ciri'lcs ; iiuicli :iii\i('ly and i\rr\) inijiirnation \vrrf> plainly visible in ihc ranks of llic ( )i)iM)siti(in. Two modes wen^ .siiij;^feste(l by which the crisis nii^lii be met. ]\Ir. .lolin NduMi^ moved two resohitions on Ihe Ilth of Febniarv. whieli witc desi:!;ned lo be conciliatory, and to jir'veni o[)eii collision with the Coinicll ; while, at the same lime, they e\prr>.-ed, in linn but respect I'nl lanijir.ii^e, the views which the IToiise cnteiiaincd iij)on the siiij^le ([uestion mider discussion. Had these resolu- tions been a(lo|)led, the new llon.-e, liki- the old, v.'ould h;iVO yielded under the pressure »)!' His Majesty's Council, and all liope of im|)rovemeut, either in the constitution of the ctauitry or in its uiodes ot'adminislraliou, would hiive been iudelinitely postponed. Mr. Howe saw this clctu-ly, and determiued at once to jj^rapple with the l''i\eeutive, ;iud lay bare th(> !d)uses which liad aecmuulated under the old system of ij^overiniient. Jfe moved, in amendment of those oU'ered by I\Ir. Youn^, twelve resolutii)ns, and explained and enforced the n(>ccssity for adopt- ing them in a speech wliiih ot-cupied an hour and a half. The resolutions startled TTis Mtijc'sty's Council, but gavo general satisfaction to the country. We reprinl then), with the speech in which they were explained : — 1. Jicxohrd, That !i coinmitloe 1)0 appoiiitetl ti) draw U[) an ai to Ili.s i\rajcsty to cinhnu'c the siilistance of tlie following resolutions : 2. Jicsoh'cd, That in llu^ infamy of tiiis colony its whole government Avas necessarily vested in a (ioveriior and Couneil ; and even after a Ivepi-esentative Assembly was granted, the practice of choosing Members of Comu'il exclusively from among the heads of departments, and [>er- sons resident in the capital, was still pursued; and, with a >iiigle exeeii- tion, has been continued down to the present time. That IIk.' practical cil'ects of this system have been in the highest degree injurious to iho best interests of the country ; inasmueh as ouo entire branch of the Leg- nT -T ir h i i< ' » 94 TWELVE RESOLUTIONS. ,'i ■: ¥'•■ '' if i i m islntni'o lias ffriiprnlly hoon composed of men, who. from the wnnt of local kiiowleilj^i! ami cxpcricncf, were not (|iialifie(l lo (lecicl(> upon the Avanfs or just claims of distant portions of tlic Province, by which tlie efforts of the rejjresentative branch Avere, in n'any instances, nentralized or rendered of no avail ; and of ollici's, who had a dir(>ct interest in thwarting the views of tlie vVssemhIy, whenever it attempted to carry economy and improvement into tlie (k'])artments nnder their controh 0. lii'soIrofJ, Tiiat a.mong the many jn'oofs that might Lc ad(hiced of the evils arising from this imperfect structure of the upper brancli, it is oidy n(>cessary to refer to the unsuccessful efforts of the Assembly to ex- tend t.) the outi)orts the advantages of foreign trade; to the enormous sum which it was compelled, after a long struggle, to resign for the sup- port of the customs establishment ; to the diinculties thrown in the way of a just and liberal system of education; and to the recent abortive at- tempts to abolish the illegal and unnecessary fees taken by the judges of the supreme court. A. Jicsolrcd, That while the population of this Province is com[)Osed, as appeal's by the last census, taken in 1827, of twenty-eight thousand six hundred and fifty-nine members of the Episco])al Church, and one hundred and fifteen thousand one hundred and ninety-five Dissenters, which proportions may be assumed as fair at the present time, the p- pointments to the Council arc always studiously arranged so as to .sec n; to the members of the Church, embracing but one-fifth of the populati \ a clear and decided majority at the board. That there arc now in tli body eight members representing the Church; that the Presbyterian, who outnumber them by about nine thousand, have but three ; the Cat! dies, who an; nearly equal, h.avc but one ; while the Baptists, amount!? by the census of 1827, to nineteen thousand seven hundred and nine , and the Methodists to nine thousand four hundred and ninety-eight, r I all the other sects and denominations, are entirely unrcpi'csented, and sli>... out from influence in a body whose duty it is to legislate for all. 5. I?esoIred, That while the Catholic bishop has no seat at the coun- cil board, and while clergymen of all other denominations are, as they ought to be, carefully excluded, the bishop of the Episcopal Church al- ways has been, and still is a member. (j. Ri'sulred, That while Dissenters, as they have a right to, justly com- plain of a state of things so exclusive and insulting, they would regard its continuance with more indifference, if it did not lead to a general and injurious system of favoritism and monopoly, extending throughout al- most every dei)artinent of the public service over which the local gov- ernment ha\e control ; thereby vesting in the hands of a part of the TWELVE IJEHOLUTIONS. 95 ])opulatioii ihc rcsoinri's ;u'isiiii,' fVom tlir iiuliistry of tlio wliolc, iuid ore- jitinjJ! invidious (lisliiictioiis and jealous discontent in the minds ol' large nunibors of liis ^lajesty's loyal subjects. 7. JicsoJrctI, That two liunily connections ei/ibrace five members of llie council; that, until very recently, when two of theni retired from the firm, five olhers were copartners in oni; mercantile concern; and to this circinastance may be altrii)ute(l iho failure of the efibrts of this Assem- bly to hx a standard of value, and establi>h a sound currency in the Province. 8. Jivsuliri/, That the As>einl)ly of this Province have for years as- serted, and still most respectfully assert, their riglit to control and dis- tribute the casual and territorial revenues of the country, whether aris- ing from the fees of ofiice, the sale of lands, or the royally paid upon the produce of the mines. But this House regret that hitherto their ef- forts to obtain justice in this respect have been unsuccessful. The lands of the Province are, in eil'ect, mortgaged to [jay to the commissioner a salary out of all proportion to the services he is calh.d on to perform ; \vhile all the muie.s and minerals of the Province have l)een leased for sixty years to a ■wealthy English company, -without the consent of and independent of all control by the r('i)resentatives of the iieojile. 1). lit'suh'cd, That apart from the mere tpiestion of judge's i'i^v.^, which this House has pronounced, and still believes to be, unconstitutional anel illegal, the presence of the Chief Justice at the council board is unwise and injurious, having a tendency to lessen the respect which the peo- ple ought to feel for the courts over which he presides. From the warm interest he has always manifested in [lublic ([uestion-:, and i)ar- ticuhirly in some of those in which the Ivepresentative branch and His ^Majesty's Council have been diametrically ojjposed, and from the infiuence which his position gives him over a numerous bar, he has gen- erally been regarded as the head of a political pari}-; and freiiuciitly been brought into violent conflict Avith a ))eople imbued with the truly ])ritish idea, that judges ought not to mingle in the heats and contentions of politics. 10. liesolvcd, That the evils arising from the structure of His IMajes- ty's Council, and the disposition evinced by some of its members to i)ro- tect their own interests and emoluments at the expense of the pul)lic, arc heightened and rendered more injurious by the unconstitutional and insulting ])ractice, still "pertinaciously adliered to" by that body, of sinit- ting out the people from their deliberations. This practice they still maintain, although it is opposed to that of the House of Lords in Eng- land and that of the Legislative Councils of Lower Canada, New Pruns- 4 M ■mi ■■;.** li: t'\ v! i 9G TWELVE RESOLUTIONS. ^*if wick, Princo Edward Island, and Ncwfouiidlaiid ; and notwitlistanding tin; iniinnms and ( omplaints of the people for a long , to theni-elves and their ehildrcm the advantages of that eonstitiitlon, under which their brethren on the other side of the Atlanlie have enjoyed so inueh prosperity and happi- ness, they cannot but feel that those they represent participate but slightly in these blessings. They know that the s[)irlt of that Constitu- tion — the genius of those institutions — is complete responsibility to the jieo[)l(\ by whose resources and ibr Avliose benefit they are maintained. But sad experience has taught them that, in this colony, the people and their repi-esentatives are powerless, exercising upon the local government wvy little inflnence, and j)ossessing no ('irectual controh In England, the ])('Oid(>, by one vote of their representatives, can change the ministry, and alter any course of ])oliey injurious to their interests ; here, the min- istry are His Majesty's Council, combining Legislative, Judicial, and Executive powers, holding their seals for life, and treating with contempt or indiderenee the wishes of the peo[)le, and the representations of the Connnons. In England, the Ivepresentativo branch can compel a re- dress of grievances, by withholding the supplies ; here, they have no such remedy, because the salaries of nearly all the public olficers being pro- vided i'or by permanent laws, or paid out of tin; casual and territorial revenues, or from the produce; of duties collected under Imperial acts, a stojtpagc of supplies, while it inflicted great injury upon the country, by leaving the roads, bridges, and other essential services unprovided for, woidd not touch the emoluments of the heads of departments in the Council, or of any but a few of the subordinate ollicers of the govern- ment. 12. ResoJccd, That, as a remetly for tlies(3 grievances, Ilis jMajesty be implored to take such ste[)s, either by granting an elective Legislative Council, or by suv-h other reconstruction of the local government, as will insure re-ponsibillty to the Commons, and confer upon the people of this Province, what they value above all other jjossessions, the blessings of the British Constitution. Mr. llowe then i'os(> and spoke to the following effect. I wish, Mr. Speaker, either that I had the abilities, the eloquence, and the logical mind, of the honorable g(>ntleman from the county of Sydney, or that he had tidcen the same views that I do of the present question. Or, sir, I wish that I jjosscssed your tine talents and graceful oratory, that on a I' t: 1 e loO_ STRUCTURE OF COUNCIL. 97 former occasion rescued tins House from the degrading position in wliich it was sought to be phiced by Ilis Majesty's Council ; or that having to rely upon the feeble powers of my own mind, it was less clouded by sad thoughts than it is now.* The subject bi.-fore us is, in itself, suiliciently serious and depressing ; and I beg to assure gentlemen all around, that it has been to me a source of infinite anxiety and solicitude. I feel that not only this House, but the country it represents, is placed in a posi- tion the most degrading ; tliat we are cursed with a form of govern- ment which is not tliat under which we can ever hope to pi-ospei". Some gentlemen may perhaps imagine, that I and otiiers have sought the necessity which now forces us into this discussion, that we intended it from the outset ; l)ut I beg to assure them tliat nothing was further from my thoughts. I felt anxious that the doors of the Council should be opened, and intended, some time before the close of the session, to invite the attention of the House to what I conceived to be imperfections in the structure of that body; but I had no idea that the two questions would have been blended ; and when my honorable and learned friend from Isle Madame consented to strike out of the resolutions the only Avords that could, by any possibility, be deemed otfensive, I felt assured that the Council would yield to our reasonable demand, and that that branch of the subject was forever set at rest. I knew that it was the right and the duty of ihis House to represent to either brancli of the Legislature the views and wishes fif liiC people, and, as we had sent up a temperate and respectful remonstrance, one with which the Council might, with a good grace, comply, I hoped that there would have been an end to the matter, and that we were rid of a vexed and troublesome question. I need scarcely turn your attention to the character of the answer ; if I was more than ordinarily excited when it was read, it was because I felt in- dignant at the treatment which the whole Province, in our persons, had received; and I appeal to the honorable and learned gentlemen who opposed those resolutions, Avhether the answer, read by the deputy clerk at the bar, did not make their blood boil with indignation ? Sir, I know they felt as I, as all Avho sincerely love the country in which we live must have felt, that the people of Nova Scotia and their representatives were placed in a perilous and d(>graded situation, if sui'h insults could be offered unrebuked. Tliat while we possessed the name of Britons — that while we were accustomed to read British books, and study the British law, we were without either the spirit or the forms of liberty enjoyed by the great country to which our affections cleaved. Then * His mothci', to whom he was much attached, died on the 14th February. 9 m it i'i ' ■ •li. " i 1' ■ I'i J Ml u f ■ \ I if ^m 98 STRUCTURE OF COUNCIL. it was that the oonviction fhished on my mind tliiit tli(> lime wns conio — carliiT, it i.s trne, tliun I liiul expcrttMl — wlicn \vi; would be connRdlud to reviso onr local government, and monlil it to a form more eonsis- tent with the rights and lil)erties of the people. Sir, when I listened to (hat message, I eonld not but retleet liow ex- alted must be the opinion entertained by those who sent it, of their own imi)unity and power, and how contemptible an estimate they must have formed of the dignity and privileges of this House; and, when T turned back to the numberl(>ss insults which this Assembly had receiveil in former times, I could not but feel that the tim(! had indeed arrived for advocating an entire reconstruction of the upper branch. Sir, I had hoped to be able to bring this su1)ject belore the House in a manner suited to its importance, but my time and thoughts have been much occupied with other affairs. I have, however, drawn up some resolutions that embody my own views, which I shall endeavor to explain as I go along. lint that gentlemen may not suppose I am anxious unnecessarily to excite their feelings — that I am not enlarging on grievances which exist only in my own imagination, I shall take the lib- erty of quoting your own words on an occasion similar to this ; and, though I possess not yoin* I'eady eIo(juence and clear, jx'rspicuous mind, I trust that I feel as deeply as you did the situation in which we are placed. You, sir, on tiie 1st of April, hSoO, characterized the Council's interference with the revenue bills as '• d note Icusoii of dcgnuhttum to be taught to this Assembly." A '"new lesson;" you, sir, and tiie older members of this House, know how many had gone before. '* When," said the Speaker, on that occasion, '• we return to our homes, we should tell our constituents not to be deceived; that tlieir rcpirsoifaiu'cs possess neither jioiccr uor iujliicnce; to address no more idle petitions tons; but to alter the address and send them to the other end of the build- ing." And again, " Tell not the iidiabitants of Nova Scotia that they enjoy a free government ; they have it not ; the voice of their representa- tives is oulboi'ue and rendered of no avail, when it militates in the slight- est degree with the views of His Majesty's Council." Sir, what was true then, is true now ; the sfjccies of insult which called for that indignant language, has but assumed another form ; what you felt then, members I cannot distruise the P ■ my; fact, that if this House submits tamely to the recent insult, nay, if it allows the body which has offered it longer to distract the peace and encumber the legislation of the country, it will be indeed degraded ; and a seat upon these benches, instead of conferring an honor, will be a mark of disjirace. STRUCTURE OP COUNCIL. 99 I ^ I liave listened with attention to tlie laniriiiigo and tlie resolutions of the, honorable member from Sydney, and I fully appreeiate the love of peace, and the desire for eoiieiliation, which he has displayed. ]>ut I am sorry that I cannot support his proposition, because it neither meets the diHiculties of our position, nor sustains the dignity of this House. The n.'sult would only be to induce a second insult, because if the Coun- cil are consistent, they will either hold no connnunication with you on the subject, or send down their deputy clerk with another insultinp; mes- sage. With them I would, on this suliject, hold no further intercourse ; the ordinary business of the session must be jrone through with them, that the revenue may not be lost or the country injured, but let us seek redress elsewhere ; let us go at once to the foot of the throne, and ask His ^Majesty not oidy to open the doors, but to reconstruct the Council. Let this be our answer to their message; ; I am content that no other should be given. I am willing to let that document circulate as freely over th(! Province as the four winds of heaven, to have what effect it may; I know that it will be rightly estimated by the people ; they will weigh it against our lirm but temperate resolutions, and will not be deceived. Let us then leave it to its operation ; let us be careful not to court further insult, but let us at once go to the root of the matter, and present a comprehensive address to the crown. With this object before me, I have drawn up these resolutions, which, if they are not as perfect as they might have been, had I had more leisure for reflection and I'esearch, express my own views, and trace out the line of conduct which I trust this House will be disposed to adopt. There may be errors, but, at all events, th(>y embody and state those grievances which press most strongly on my own mind ; and I wish to go at once to the foun- tain-head for justice; to appeal from the Council to their master; to ask him who should be the father of his people, wherever their lots are cast, and who has no more interest in refusing his rights to a Colonist than to an Englishman, for a revision of our local government. Wc may bandy words with His IMajesty's Council — we may send a saucy message by our deputy clerk — but to what end? At last we must resort to what I now pro[)ose, and therel'ore I trust that gentlemen will see the ])ropriety of doing it at once. IMr. Howe then turned to the series of resolutions published in the last Nova Scotian, and reading that marked number one, for the appointment of a committee to draw up an address to His IMajesty, and number two, referring generally to the choice of all the members of the Council from the capital, he descanted on the altsurdity of selecting an entire branch of the Legislature, that was to pass ui)on the business of the whole country, from one particular i ■■ m I I 100 STRUCTURE OP COUNCIL. I ; f «i ;si town. This was no new comiylaint ; it had hoon constantly urf];('(h Mr. Stewart in JMairh, l.s;],'!, h.id, in liis place, dec-hired, that ''hesidcs its own representatives, Ilahliix had many non-resident members, and had besides au cti/irc hraiicli tif the Lfulsldtiirc, slttiiKj in secret, and exer- cising a controI/iiH/ iiifluenee over the Assetnhlji" Though he ditl'ered with the honorable and learned member from Cnmberland in many things, lu; admired his tine talents, and had often listened witli ])leasnre to his indignant denunciations on this and other subjects on whicli ihey agreed. AVas tlu're not good reason to complain on this head? He had travelled, perhaps, as much over the Province as any person of his age ; but how coidd he pretend to represent distant counties, the high I'oads of which he had only ridden over once or twice, but of whose local wants and wishes he knew absolutely nothing — and yet, here was an entire branch of the Legislature, almost every member of which knew comparatively less. Some persons may, sir, be surprised that being myself n resident in the town, I am anxious to do this justice to the country; they may sui)pose that it is the interest of those I repre- sent to accumulate in the capital all the honors, and power, and patron- age of the government ; but, lor myself and my constituents, I disclaim any such narrow and illiberal feelings. Wc seek for no advantages but such as arise naturally out of our situation ; wc repudiate the ancient prejudice that the town and country have separate interests ; wc wish equal justice and a fair participation in the influence and advantages of the government to bo extended to all. And we know that it is practi- cally absurd, that men without local knowledge and experience should have the right to legislate upon all the roads, bridges, and peculiar inter- ests of imjjortant sections of the country, which they cannot possibly un- derstand. For the proofs of their incompetence, their ignorance, their local prejudices, I did not think it necessary to turn to the dusty records. The impressions are too strong upon my own mind, and I appeal to the older members of this Assembly to say whether they want evidence to enable them on this resolution to come to a conclusion. We may difler as to the mode by which a new council is to be created ; some of us may be in favor of election ; others may be anxious that the Gov- ernor should select them from the towns and counties ; but all must agree that such a body as this ouglit not for a session to exist. Mr. Ilowe then read the tiiird jvsolution, referring to the mode in which the influence of the Council had been brought against that of the As- sembly, in reference to foreign ti-ade, the custom house salaries, educa- tion, and the judges' i'i^i}^ ; and (pioted ]Mr. Stewart's declaration on a former occasion, that " Some live or six years ago the Council were ! :1 II STRUCTURE OF COUNCIL. 101 nskod to concur with the IIouso in !i rcciucst th(tf the quit rents viu/Iil be idt(tii(lonc(L They rcfiisri/, hut thoiii^ht liiat i,'2()00 oii}j;ht to hn fjivcn as iv coniiiiiittitioii ; and llie next tiling was a proposition from the; sent. To |)i()tt'ct the interests of this iiHtitiilioii, iilthougli of late yeiirs the 'ests hiiv'c been removed, the most determined hostility has been dis- phiyeil towards every other <'slahlis!iment which might interfere with its monopoly, and (liffuse among the mass of the peojdo the blessings of cdncation. Need I remind gentlemen of the inert condition of the I)al- houso College ; of the long and disheartening contests, ending in the partial ruin of the l'iett>u Academy? Thongh I have often dilfered with you, IMr. .S[)caker, and have sometimes iUtacked you, I never can forget your struggles against this baneful infiuenee, for the establishment of Ji cheap and liberal system of education in the coinitry. I have often listened with delight to your indignant denunciations of that system, iiml, when T have felt most disposed to find fault, most anxious to assail your public character, I have lelt that your ellbrts for education might atone for many errors One consequence of th(! monopoly which this Church and Council party had for years of the higher brunches of education, has been, that they liave never been without tlu; aid of some; of the most brilliant and highly cultivated minds in the Assembly, which, attached to their interests, and educated at the exclusive seminary at Windsor, have, with few exceptions, been their ablest and most determined defenders. But, sir, with all their efforts they could not dam U]) the streams of knowledge ; they could not compel all our youth to pass through their narrow portals ; they could not keep down the Provincial mind ; and, while I am happy to sec upon these benches the talented gra'^uates of Windsor, T thank God that the tdumni of the fields, the workshops, and the printing offices, arc springing up over the leugth and breadth of the land, to divide the intellectual arenas with them. ]Mr. Howe then read and supported the fourth resolution, that exhib- ited the relative proportions in which Churchmen and Dissenters were represented in council. The facts which it staled were not to be denied ; it was impossible that these things could be the result of accident. We miglit be told that a feeling in hivor of the old loyalists and their de- scendants was at the bottom of the system; but there were other mo- tives ; and, while in the Council, on the bench, in the list of sheritf>, and in almost every department and little commission upon which the inlluence of His IMajesty's Council could be brought to bear, he found an over- whelming preponderance of Churchmen above Dissenters, he had a right to reason upon the fact, and to charge such a system upon those by whom it was upheld. I am hai)py, sir, that I can exem[)t the great body of Churchmen in this Province fi'om any wish to perpetuate this system. I do not believe that there is among any large portion of my countrymen ;'i t. STRUCTURE OF COUNCIL. 103 any desire for political prcffrcnoo fbiinded on religion-* distinftions. Tlicy ask that all shall be free and e(|iial in tlic eye cd' (lie pivcrniiicit niul the law ; and Chiu'chnicn, as well as Dissenters, know that i.i sueh a coinitry as this, their iiiitli can oidy llonrish l»y the ze;d, iiieiy, and sell-denial of its ministers. Tliey dislike as nuieii as 1 do this hlendini; of Clnnrh and State, to extend the inlhienee and cement the power and patronat;(! of a tew. The (iftli n'sohition referred to the bishop's seat at th(^ C'oniieil, to •which he did not hesitate to attribute many of the evils of whicli he complained. lie was well aware that he woidd be m<'t by the ari^umenf, that in Kn;fland the bishops had scats in the House of Lords. lUit if they had, what was that to us. If, from peculiar circumstances that did not operate here, the government in KuLtland had become incorporated with the Clnirch — a imion that now was felt to be burthensome and im- ])oIilic by a vast majority of the nation — why should we copy the cum- brous machinery and imperfections of tiie old world which were inap- plicaltle to th<^ new? Why should we create invidious (listinctions among our i)Oj)ulation, justified Ijy no necessity of state ? Ought W(> not rather to ask ourselves, what is suiteil to our condition — what is right, •what is just, and expedient, under tlie circumstances in which wean? placed; and, having found the answer, act with uprightness and decision? The s'xth resolution, complaining of the distribution of ]»atronage, la; read and illustrated by references. The Church had in iIk; Council eight, the Dissenters four; all the judges of the .supreme, and all of the inferior court but one, were Churchmen; so were eight or nine out of twelve of the high sheriffs; and, as honorable gentlemen from the coun- try well knew, nearly the s:iin»! projiortious were preserveil in all the litth; app(»intments throughout the towns and counties. If patronage Avas distributed according to jtopulation, the Church would have in the proportion of six and a half to twenty-five ami a half; whereas it now had twenly-thrce to nine, although only eml)racing one-fifih of the in- h;d)itants. Tiiis was a system that was unfair and unjust — one that he •would oppose with all his might, and that the country would never sub- mit to. The evils, the heart-burnings, and the discontent which it Avas calculated to engender, flowed naturally from the faulty structure of the Council, and its extraordinary combination of powers. l>y the seventh resolution, he had stated that "two family comiec- tions enibraced five members of the Council; and that, until recently, when two of them retired from the firm, five others were copartners in one mercantile concern." To be sure, this was not cpiite so bad as the Council which formerly existed in what i..; now the State of ]\Iaine, ! i n i I !■; i 101 STRUCTURE OP COUNCIL. composed ciitln'ly of ono family — or equal to somo of the Irish cor- poral i()ii>i, const nicfed on a similar principle ; l)Ut it was had ciioiigli. It •was mejiiiieholy to retiect that the views of fifty men, chosen hy tho people of Nova Scotia, nn;^ht, after a month's grave delil)eration, he de- feated, whenevi'r the Council was not quite full, hy a comhinalion of two families. Then, until recently, the old 15anking Company had the same ])ower, and exercised it, too, on more than one occasion. And, sir, whenever, in private conversation, I have supported the application of the elecli\(! princi[)le to the up|)er hranch, and have heen tohl of the jiaucity of materials, the want of judgment and discretion on the part of the people, I have pointetl to these live copartners, and asked trium- j)hantly if iIk; people would ever have conunitted such a hlunder as that? No, sir; though, if they had the power, they might, as they sometimes do in organizing this Assemhly, make a foolish selection, they would never he guilty of such ahsurdities as these. Think you, that they, had they wanted a legislative body composed of twelve, would ever have gone down to the Halifax Daidi, and selected five out of eight of it3 l)artners ? It is true, that, since they (piarrelled among themselves, two of them have retired from the firm ; but for years lh(,> whole liva sat at the council Itoard, and tho effect of their legislation on the currency, and on the repeated decisions of this House, I need not take the trouble to explain. Sir, I do not wish to be personal ; it has never been my desire unnecessarily to annoy ; I never strike a blow that is not called for by a public necessity : but I do not hesitate to alRrm my own belief, that, had it not been for the presence of those five bankers in the Coun- cil, we would not now have been left without any standard of value in the country, and with one currency for the rich and another for the poor. Three of those copartners are still members of the Council; — they com- pose one-fourth of the whole body; and members, to satisfy their minds of the magnitude of this grievance, ne('(l only inquire whether the peo- ple Avould have been mad enough to choose one-fourth of this Assembly — twelve out of the forty-nine — from one monied institution. And if they had done so, would we not view with jealousy and suspicion all that those partners said and did in this Assembly ? "When they were wrong •we should attribute to them selfish motives, and give them no credit \vh(!ii they were right. To this fate ai^ the bankers in the Council con- demned, and their continuance there is a practical and notorious evil. If I am not reasoning justly from admitted facts, let the older members of this Assembly correct me. Upon this theme I have often listened to the indignant eloquence of some of them. The ))resent Judge Bliss, — than Avhom no man was more capable of forming an o[)inion, — who is STTlUCTUnR OF COUNCIL. 105 now an ornament to tlic Itcndi, as lie was tlit'ii of tliis AsscniMy, -aiil in ls;j;i, " tliat iIk- coinliiMation of Itankri's in tin' Coinicil wi»iili| li" fair grounil of snspicion, even if notliin;jj cdiild Itr cliargfil against tlwin ; luit, in till' liit'f of acts so darin;^ and injurious, wlio coiilil rcilcci ii|i()ii ilic matter witlioiit tlie most .serious appreliension?" If n|inii tliese matters I came here merely to excite suspicion-^, and create useless aixitalion, I should i)e ashamed to occupy liie time of this Asseuildy; l»nl, .-•ir, I ;^ivo you as proofs that this is not the ca-;e, tiic piihlic declarations of -mators and judges, some of the alilesi men in your cnunlry ; and, if I am lahor- ing to deceive you, they have taken great pains to tUn-eive us all. In support of the eighth resolutioa, which relates to the ca-ual and territorial revenues, 1 scarcely need to [jroduce, any argumeul ; the claims which are emhodied in it have heen matters of discussion for years ; the main facts, and the reasoning arising out of them, are famil- iar to all our minds. Gentlem live. As I'ospects the commissioner for crown lands, I believe, there is scarcely a dissenting voice in this House, or throughout the country. The next resolution (the ninth) referred to the presence of the Chief Justice at the council board, the influence he exerciseil, and the tenden- cies of his position. II(; wished to mak(; no iinpro[)er charge against the Chief Justice ; he respected his talents and integrity; he hail been tried before him once, and should be happy to be tried before him again. lie meant tliat if he were selecting a person to do impartial justice I>e- tween one man and another — .a judge into whose court Ik; woulil go sat- isfied that the law would be im[)artially administered, the Chief dustice Avould, perhaps, be the man; but he would not permit the head of the judiciary to sit in the Legislative Council, or mingle in the heals and contentions of politics. lie referred to the eifects of the jostling on the brandy ([uostion, to the fate of the bills abolishing the judges' fees. Had Judge Haliburton not been in the Council, would that unfortimate dis- pute ever have occurred ? or would not the bills abolishing the fees have I ' !l i'll is If I I a,, ml % W 1 106 STRUCTURE OF COUNCIL. ii ' r pfissfMl willi hilt little opiKwitidii ? ami it' llicy lunl. was ilicrc any doiilit lint lliat tin- (Jdvcriior wciiiM have ;.'ivrii Iiis a-isi.nt ? In nine ea-es out <»l' ten, if the views anvi>lie-< of tln' Cuiiinial As>einl»lie-t were uiiiNfr- .^tood ])y ilic ;^'ov('rniiieiit at liome, ami if llieir deci.-ioiis were not swayed by the iiilrijriies and representations ot' interested parlies on tlii^ side the Atlantic, His Majesty and liis ministers would lie disposed to do ns jiis- liee. Tlie people of Kii;,dand liave no interests opp(»sed to ours. Mr. llowe then referi'ed to the influence which the Chief .Iiistice wicldi'il over I he hopes, and fears, and prospects of some seventy or ciuhty law- yer-;, and several hundred students, sprcml over the country, who iialiir- ally inihihed his political opinions, ami were apt to support him aL'ainst the views and interests of the people. Such men !i> the learned mein- l)er from Cape Uretoii, or .Iiiste-au-Corps, iiiiLrht, from the pttsses-ion of wealth, or the force of talent, Iirave this influence; or his Iionoralile and learned friend from the I-le Madame, who always thoujiht of his own interest last, mijilit disrcfrard and defy it, hut, iievertli(dess, over a larjio class (»f the le-s able and indepeiKh.'Ut it was all powi'rfiil. For tlii^ reason, and many others equally sound, h<' was jinxioiis to remove tho Chief Justice from the Council. Let us, said he, act decisively on that truly l)rili-«Ii idea, that judjics should be \n'[)t from lli(.> heats and conteii- lioiis of politics. While we battle with each other in the open fields of jiolitical strife, while the conflicts of o])inion rage, without and within these walls, while we strujigle and coiiteml t()r the mastery, let us have some sacred tribunal to which, when blinded and agitated by passion or interest, w(^ can all with confidence appeal. I im[)lorc the members of this Assembly, of ev(n'y party and of every creed, to set apart some sa- cred and holy jdace, untroubled with tlu; storms Avithout and untainted by the faintest breath of suspicion, to which, when society is convulsed, and the im]terfections of our nature have kindled into strife, we can all rei)air for justice, the su'-est foundation of jieace. The tenth resolution, which related to the closed doors of the Council, he would not occupy time in discussing; he felt that it would commend itself to the mind of eveiy man who heard him. Ibit, said ]Mr. Howe, as much has been said, and some misconception m.'iy have gone abroad, as to what fell from uk; on this subject on a former day, I wish His IMajcs- ly's Council to understand the peculiarly ridiculous position in which they are placed. Though suspected of urging to vioh'iice, I have in- variably pressed reformers to keep within the boundaries of the Consti- tution and the law; mul I am prepared to maintain, that, without trans- gressing these, the people may, whenever they find the door unlocked, walk into the council chamber. Suppose one hundred persons ap- STRrcTum: or conNc it,. 107 nroachcMl tli<> iloor of our luliliy iiiul liiid lliiil it i-* iiol lnrkcir liny wiilk in, m II niatlrr of cuiii'sc. Iliit siippK-i' llicy fliooxc to vUii (lie uilicr CMtl nl'llic hiiililiii;;; ; — if lln' tlonrs arc not lockcfl, iii i 'hoy wiilU in and take their .■'laiKl \viili(Mii ilic l»ai', Imw arc llicy to Im; ili-platt'tl r* Ilmv uill the Comicil jxt'l liiim,,(ii? Will they scml ami liorrow our m'V- j^caiil-al-ariiis to di-plaii' tliii*. lli((mic nicmltcr ri^inL; in Ids jducc and rc(|iicslin^ tiiat the loliliy ujay hf cleared. If tlie people then l^'acefidly retire, I contenil <^ if flicn' lias Im en no onlra;ie; — lliey jiavc but used their undniilited rij^ht, and yielded to the e\en isc of the Coun- cil'rt privilege. I'mt if this were done (Isc or >i\ days in a week, the Council woidd he coinp(dlely gentlemen who were .so loud in tlnir ixida- niatious, th;U they hail not exauiiiu.d the (pii'stion in all its hearings. IJut, sir, I am approaching now the root of all our evils. The points which wo have thu.> far discusscil are comparatively insignilicant, when wc come to survey that gross and pal|ial)le delect in our local goveni- mont — I mean tin; total ahsence of all responsihility to the Counnons. Compared with tin.' 15rilish I'arliameiit, this House has absolutely no power. Wo meet like a grand jury, examine a few accounts, hut wc cannot expend a shilling without the consent of the Coinicil, and, in fact, luive no constitutional influence over the l)ranches of the government. [Here he refenrd io and reail the eleventh i-esohitiou.] I ask, sir, in this resolulion, for nothing more than l>rili>h sidijecls ought to have. If the statements in it are true, T appeal to any gentleman who hears me to say whether we have any thing hut a mockery of the IJritish Consti- tution. An Kiiglishmau would con.-ider himself no better than a Hus- sian, or a Turk, if he had no other guards for liberty than these. Had it been necessary, I could have turned back to the pi'oceediugs and deiiatess of this Assembly, and accumulated abundant evidence of tht' i -or redness of the views I take ; but I have alreaily been compelled to occupy too much lime. You, sir, ouct^ declareil "that tliis House ibrmcrly pos- sessed a salutary control over the ollieers of the goveriniient who had seats in His Majesty's Council, because thi.'ir salaries depended on the revenue bills, and anxious were they indeed to have those l)ills sent them from the Assembly. But now, I will ask, what control has this House over the Council ? By permanent bills we have provided per- manent salaries, and hence the destruction of the constitutional control." i'l ill 1 1 ,.1^ ■* \ ! > ■ 1 ' i 1 ■" i i I 108 STRUCTURE OF COUNCIL. ! i 1 'li Tlioii^li you take no part in this day's ilobate, I know you feci the insult n'conlly otR'rcd to this Assembly, and, when your own language is re- called, must afkuowledge that no im[)rovement has taken place; and however such a state of things may have suited the early condition of this comitiy. it is incompatible Mith our present .idvancement, and ought not to be tolerated for a single year, "When an Englishman in Turkey or Russia, hears of a change of ministry at home, whatever party is in. the ascendant, he feels a tlu-ill of pride. To him it is a manifestation of popular spirit, acting upon and chauLiing the i)olicy of the government ; and he knows that so long as such elianges take place — so long as a vote of the Commons can recon- struct the government, r>riti.-h liberty is secure. But, Avere I to search our records, I could accunndate such a pile of votes expressive of a want of coulidence in our ministries, as the table could scarce contain; but still llicy keep their seats, and to this hour there is no effective control. This woidd be bad enough, if they did not on all occasions treat the peo- l)le and their representatives with contempt, and heighten the irritation of llieir acts by uncivil language. But let us have no more bandying of word<. no more grasping at shadows ; let us go to the foot of the throne, and seek lh(> substance (if a useful reform. Gentlemen will probably ask liei-e, "NVIiat remedy do you ])ropose? and I must confess the imjjor- tanee of that inquiry. Tho igh young, my own mind has often been painfully exercised upon this subject ; it has cost me many an hour of anxious deliberation. You are aware, sir, that in Upper Canada an at- tempt was maile to convert the Executive Council into the semblance of an English ministry, having its members in both branches of the Legis- lature, and holding their positions while they I'ctaincd the confidence of the country. I am afraid that these Colonies, at all events this Province, is scarcely ])rcpared i()r the erection of such machinery; I doubt whether it would woik well here ; aiid the only other remedy that presents itself is, to endeavor to make both branches of the Legislature elective. I know that .-onie members' minds will be startled by this declaration, but what else ai'e we to adopt? Looking to our present ])Osition — turning to the evils of the past, I ask, with tin; s])eaker on a former occasion, "AVill it not be saifl that it is high time that the people of this Province were turning their attention to the constitution of that body which has brought those evils upon them ?" It is time, sir, and therefore I have prepared this resolu- tion, calling upon the crown, " either by granting an elective Council, or by such other reconstruction of the local government, to ensure responsi- bility to the Commons." The honorable and learned gentlemen from Cumberland, and oilier I STRUCTURE OF COUNCIL. 109 incmbtM's of this Assembly, I am aware, eontemplate the .«oparation of tlie Lcgi^ilrttivc from the Executive Council, leaving the whole to be ap- pointed by the Governor. But would this mend the matter ? "Would this give control ? It would be only cutting a rotten orange in two, in order to improve its flavor. In England, the hereditary ])eerage fur- nishes abundant materials to construct the upper branch ; but suppose those materials did not exist, would the people, if they were forming a government favorable to liberty, commit to tliC crown the entire construc- tion and control of that branch ? No, sir ; if the scale was inclined at all, they would strengthen the hands of the peoj)le ; if too much power must be given or retained, ihoy would err on the side of responsibility, and keep it in their own hands. One question to be determined is, whether or not we have the materials to form an electir c Council. I have satisfied myself that they are abundant. Supi)ose that you were to take any twelve members, as they sit around these benches, would you not have quite as good a Council as that in the other end of the build- ing? Sir, the materials are in the country, and if the qualifications for candidates and voters were i-aised, by a simple but effective machinery which would not take half a day to arrange, a respectable and disinter- ested upper branch might be constructed, that would rid us of many of the evils of which we now complain. The honorable gentle- man fi'om the county of Yarmouth spoke the truth, when he said the other day, that he had left at home more talented men than those Avliom his constituents sent to this Assembly. This is true of nearly all the counties ; for if this House is chosen from among the best materials in the Province, there are enough remaining as good, if not better, to send twelve or sixteen members io the other end of the l)uilding ; and if they were sent, they would transact the public business witii more local knowl- edge and less selfishness than the present members of His Majesty's Council. "Would not the honorable member from Lunenburg make (juite as good a councillor as IMr. Collins ? would not my honorable friend from Falmouth fill Mr. Binney's seat to advantage ? and if the people had the power, would they not elect such men ? and if they did, are there not others to fill their places on these benches ? "Would not the people of this Province, who understand their own affairs, who know the up- right and clever men in the towns and counties, make quite as good selections as a Colonial Secretary on the other side of the Atlantic ? "We know how these selections are usually made. "When a man forfeits the confidence of the people and is turned out of this Assembly, he is often popped into the other branch ; so long as he retains the confidence of the people, he has no chance of obtaining a seat. Mr. Lawson, though 10 -Ull t;5 II: ^ Ml m 110 STRUCTURE OF COUNCIL. wealthy, and fairly cntitlt'il to llic notice of the government, never got into the Council, and wliy ? Because he was too plain spoken, and would not bend to the views of that body. lie lost his seat here, mi-rely be- cause; he had accepted an obnoxious ollice ; l)ut during the long period that he s(>rvcd the country in this House, he had no prospect of bi^coniing a councillor, but now, perhaps, he stands a better chance. I know that I shall hear the cry of republicanism, and danger to the Constitution, but where is the danger? AVe have reduced our own term to four years ; suppose that the franchise was raised, and councillors elected for seven, they would neither l>e chosen at the same time nor subjected to the same influence as this Assembly. They would repre- sent another class of voters, but yet be intimately connected with the wel- fare and prosperity of the country. But suppose we carry our ideas of danger further. Supj)ose the two bodies set themselves in opposition to the crown, what can they do? Can they, in the name of heaven, raise re- bellion in a little Province, witli a i)opulalion of one hundred and eighty thousand ? AVould our clioosing twelve councillors lessen the hold which the mother country has on our affections ? The Governor would still pass upon all our bills. If any were of a doubtful character, woidd they not be sent to England, reviewed by the crown oHicers, and discussed in the Privy Council, or by the Board of Trade ? One advantage of allowing the people to select their Council would be this, that when it did wrong they would have themselves to blame. They would not turn, as they do now. and vent their bitter feelings against the government. This, sir, is the simple machinery I j)ropose to redress our more prominent evils ; and the more I reflect upon it, the more am I satisfied that it is well suited to the wants and feelings of the country in which we dwell. I nuist apologize, I\Ir. Speaker, for having trespassed upon the time of the House so long, and for the imperfect manner in which my views have been pi'csented. I regret that tlie task luul not fallen into abler hands. It is one that I should not have assumed, did I not deeply feel that it involves the peace and freedom of Nova Scotia; and although, when applied to her alone, these princijdes may appear of little impor- tance, when I take a broader view — when my eye ranges over our vast Colonial i)Ossessions — when I see countries stretching through every clime, and embracing many millions of people more than the islands to whii'h they belong — and when I reflect that upon a right understanding of these principles, a fair adjustment of these institutions, depends the se^'urity and peace of these millions of hiunan beings, my mind warms with the subject, and expands with the magnitude of the tJieme. Sir, I ask for nothing but justice and responsibility, sanctioned by the spirit m* liRaiiW REPLY TO WILKINS. Ill and forms of the British Constitution. Th and taken notes, and would from these endeavor to reply to the little that a])peared to bear upon the question. He talked m ,IKS U-i ^ 112 REPLY TO WILKINS. ! II ,li 4 ■! i V Ui a great deal about storms — the gathering of the tempests, the agitation of the sea of politics, and represented me as the presiding genius of the storm; but tiie learned gentleman raised something of a storm himself; the elements of his mind rumbled fearfully, and he gave us lots of thun- der, but — precious little lightning; and when the storm ceased, I presume it was from the same cause that puts an end to other storms — the want of wind. Any person who introduces a measure to this House is bound to answer, so far as he can, the objections urged against it ; but the learned gentleman has taught me another lesson, that he is also bound to listen, Avhich in some cases may be quite penalty enough. He commenced by expressing his surprise that somehow or other an im- pression had gone abroad that he was a thick-and-thin defender of His Majesty's Council. If that be true, although not disposed to believe so much of the old vox-pojmU adage as to suppose the voice of the people to be always the voice of God, I must confess, that whenever a gentle- man, or a lady, accjuires an evil reputation, there is generally some foundation for the story. And if anybody required proof of the learned gentleman's steadfast adherence to the Council, it might be found in the speech he has just delivered ; for when he tells us that they have never conimittcd a wrong act, and are scarcely chargeable with an error in judgment, I must confess that he is not very scrupulous. He has told us of the two great fountains of political wisdom, from which the people of England drink, and then called in Sir James Kempt to aid him in keep- ing things as they are ; but he forgets that Sir James himself has taken ofTiee under, and acted steadily with, the very men who slake their thirst at the fountain which he has stigmatized as dangerous and unclean. If his opinions are therefore of any value, we should take those he has sanctioned by deliberate acts, not those expressed in a private commu- nication. The learned gentleman has been exceedingly classical, and treated us to an abundance of (piotatlons ; I regret that my oppoi'tu- nities have not supplied me with such elegant sources of illustration ; but I cannot help comparing the learned gentU'man's arguments to the fabled goddess of old, beautiful to look at and tempting to ibllow, but, when embraced, tuj-ning into a cloud. He has favored us with a leview of the press of the Province, and laments tiiat it is only calcuhited to mislead, from the one-sided view it takes of political questions. l>ut if he considf'rs this so great an evil, and really desires a change, why does he not himself establish the knock-down Tory paper, so necessary to the general salvation. For my part I should be delighted to have him in the list of contemporaries ; and I doubt not that the others, to whom he has been so amazingly complimentary, would have no objection to met.'t his REPLY TO WILKINS. 113 lilonviy comix'tillon. Tint I woiiltl remind llic li'iirmMl gontlomau tliut there are otiier parties to cun-iult ; and that l)efure he sets up his press he should inipiire wlielher the peoph- are likely lo suhseribe. If he oaleulates without them, he may iiiid that after playing Mereury for iv while with feathers at his heail, he may be glad to get back to his desk with his (juill behind his ear. In describing the happy condition of the people of Nova Seolia, h(.> has treated us to an imaginary dialogue, which W(! are to presume has been held with one of his constituents in the township of Windsor; but if the party is really so ignorant of his rights and privileges, and of all that is passing in the Province, he must have found it necessary to explain to him the meaning of the word tym[)anum, and other learned phrases which he has employed. But, thanks to ihe pnvss, the pec,[de of Nova 8cotia are not all so ignorant as the lout he has described. The yeo- manry perfectly understand the leading (piestions which, liavc been agitated ; they know well what we are about, and look anxiously to the result of our deliberations. Though such specimens of Provincial intel- lect may be Ibund aljout the purlieus of Windsor, they are rare enough in the other tov/nships, which will require all IIk; learned gentleman'.T eloquence and classic allusions to convince them that there are no evils rccpiiring a remedy in the Province of Xova Scotia. I need not now touch upon the main arguments which bear on the present question, bo- cause I feel that the solid foundation on which th<\sc resolutions rest has scarcely as yet been touched. He takes them in his hand and denies that they contain a particle of truth, and then wonders how he can be suspected as the defender of Ilis Majesty's Council. lie differs widely from the learned gentleman from Ca[)e Breton, who, with commendable candor, admits the justice of the larger portion, but points to particular passages which he is prepared to dis[)ute. The learned gentleman has treatetl us to an extract from Lord Godo- ricli's dispatch in answer to IMr, McKenzie, and has drawn n contrast Ijctween our lYooition and that of I'pper Canada. But we have nothing to do with the Canadas. jMy opinions with respect to them I have expressed elsewhere, and if we were now trying the justice of the complaints made by the people there, I need only cross the street to furnish abundance of testimosiy lo satisfy the most fastidious. I would tell the learned gentleman, however, that just such flippant dispatches as that to which he has referred, have kept almost all the colonies for years in confusion. He should remember that Lord Goderich, or Goosey Goderich, as he has been familiarly termed, has been driven out of office, and is succeeded by men of more liberal opinions. He thcro- 10* J' .'I :« '•tm ii .i,;S^ '\. A iM ^:l'l:i ■ m lU RKI'LY TO W 1 1. KINS. 1 liii m I 'III/'" ini ! ' iLrc stamls lutt in our Wiiy. 'V\w stale of TppiT Canada in fornior times 1 Inaid well described liy a ut I lis<'d to say to tlieni, (Jentlenieii, we get all there is; it all goes into our pockets ; and sui'cly we ought to he content." And so they should have been, sir; I)ut was it to he sup|K)>ed that the ju-ople would be contented too? I5ut let nie caution gentlemen not to bo h-d uwjiy by ingenious contrasts with Cana(hi, intended to alarm. It has been said that wtf need not ask tor an elective Council, because Lower Canada has asked ah'cady and has been denied, liear in mind, however, that there .are some sub- stantial objections that have been urged against lier claim, that do not exist here. There, the people are split into two great jiolitical and relig- ious ]»arties; here, we are all one race. An Englishman, Irishman, or Scolchman lands u|)on our shores, and th(; Hrst child he begets is a Xova Scotian. After the first generation jjasses away a united population remain; and therefore we cannot be met with the ditriculties which the Lower Canadians find in their way. Tlu! learned gentleman has denied that the people of this Province supported the view the Ar'Sembly took in the brandy dispute ; but did they not, with two or three exceptions, return every man of the majority, or those who expressed similar opinions? and is not this jiretty good evidence of unanimity ? IJut he praises the Council for telling us that the peoi)le have no right to listen to their deliberations ; and asks, if they have the right, why are they not there? But will he tell me that the right to a thing in this Province always ensures its possession? The people are simple enough to believe that they have a right to exemption from taxation, except by the consent of their representatives ; that they have a right, except when so taxed, to keep their own money in their own pockets ; and yet the judges take it out by hundreds and thousands of pounds. In fact, here, as in the ancient feudal times, might too often takes the place of right. He has read to us the ancient procla- mation issued by the Governor and Council for the suppression of public meetings, and attributes the change that has taken place to the liberality of the latter body in modern times. If the truth were known, perhaps they like public meetings as little as those who have gone before them ; but fortunately such an exercise of power would not be so safe. But if the learned gentleman had lived in 1770, he would, no doubt, have defended the Council of that day as warmly as he does ours of 183G. He who thinks any change improper, except perhaps a change in the fashion, would no doubt have said to those who complained of sik'i r 1- ^ r m i!ll>. REPLY TO WILKINS. 115 proclainalion, " No rash innoxulions, nocoiistitiition-nitMidini^ ; llic coiiniry is lia]>|)V, and you liavc no rilher instance. To tlm opinions promuljjjatod throu;!;li the ])rcss I still adhere ; and I am happy that they are sanctioned by the •I'dLmient and sustained by the sympathies of the people we represent. If I know anythinjr, it is that the bulk ol" the jjopulation — that nine out of ten of the intelligent minds throughout the country, firmly Ixdicve the truth of the i)ropositions which those resolutions contain ; and the reforms demanded they are deternuned to have, the resistance of the Council, and the learned gentleman's classic speeches, to the contrary, iiotwi'''.slaniling. As respects the sneers thrown out about a deh'gation, I state fraidxly that I contemplate no such thing, unless it be found to be ultimately indispensable. From the experience the people of this country have had of missions to England, they are not much inclined to favor ihem ; aiul I should fear that from the time I set my foot on ship- board on such an errand, my ]iolitical reputation would begin lo decline. At pr(\sent, howevc", my object is merely to bring the more prominent evils of the Colony to the notice of His INIajesty by address. As respects an elective council, I ask it, because I believe that the opinion of the learned gentleman's grandfather is correct. [!Mr. "NVilkins explained that it was his grand uncle who spoke with rel'erence lo the Ibrmer condition of New York.] That reverend gentleman, then, if he said any thing that bears upon the present question, said this, that there were not materials in that Colony to construct such a government as exists in England. What was true then, is true now. If we had the materials for a House of Lords I should be ashamed to ask for this mod- ification. But, as we have them not, we must construct the best Ibrm of government wc can with the materials that are at hand. The (jnes- tion is simply this ; shall the upper branch be selected by those who know the best men in the country, and have a deep interest in their delibera- tions, or by the Colonial Secretary, three thousand miles off, acting ui)on :i' IJEPLY TO WILKINS. 117 the iUiviceof one or two iiidiviiliials, iiilcrtstt'd in inisk'adiii^ liim to [kt- pc'tiiatf tlic'ir own power? If tin- people of Knirliind err at all, ilicy err on the side of popular ri<^hts. The learned genth'nian denies that there is liny jiroinid for eoinplainf, hut eoiilesses that he desires an iiilii-ion of a;Ti-iciiltMral spirit into the upper hraneh. IJut we difl'er as to ih.' iiKuh! ; ant' when he thiidvs that a mere separjition of the I'xeeutive and h-jxishi- tive power will give satisfaelion, and leaves the scdeelioiis to the L'oveni- ment, I turn him to New lirnnswiek where such a change lias iiccn intro- duced. The learned memher from Cape Breton ueknowh'dgrd ilial our Couneil was made up of a copartnership and a family |)arly. lliit in the reformed council of New IJriinswick the same evil is preserved; for, if I am not mistaken, three family comiect ions have a decided majority at the board. And I will venture to predict, that if a similar alteiaiion lakes phice here, the same principle will b(! adhered to, and that two oi- three little parties will have ii preponderating inlluence; and memlters will find that such selections will be made as will astonish them all, and disajipoint their lio[)es. IJut we an; told, we may all obtain seats in the C'oinicil if we elioose to apply. If I wished to secure one, I would endeavor, lirst, to get in here, and whenever the Council's policy was attacked, I would rise and defend it ; whenever their vi(!ws and interests weic assailed, I •would come to their aid with airy arguments and classic (iiiolations ; when their rights and privileges were talked of, I would muster all the llnmders of declamation, and if possible enliven the storm by a little lightning; but when the rights and duties of this Assembly were involved, I would sneer at and oppose them, and take my seal in a lean and miserable minority, satisfied that my object was attained without any other interest at court. But, shouM I go to the government and say, I reside in the country — by industry have accumulated a competency and stored my mind with knowledge — by an independent and uprigiit dis- charge of duty, even in opposition to the views of His ^Majesty's Council, have won the peo[)le's esteem, I should ask for a seat in vain ; my claim would never be allowed. He wants the Council created by sneaking ser- vility to the local authorities; I wish to base it upon kind ticts and con- scious indei)endence. I fear we shall never agree. In conclusion, sir, I have again to express my regret that the honorable ami learned member for Windsor cannot believe that any practical grievance exists in the Province of Nova Scotia. His classic sympathies may be excited by an old elm tree; the sighing of the winds through its branches oppresses his niint impoi'tant, of these resolutions, I nuist beg of members lodiseharge from their minds all needless horror of innovation, till undue pnjudiee in favor of the mere framework, K'lher than the spirit, of eslal)lished institutions. I trust that gentlemen will be disposed to examine the change which it demands, with reference to its probable utility, not l>y its inapplicability to the parent Stiite. In pressing it on the attention of the Ib^ise, I should have felt much less disposed to occupy time, had it not been for the ehxpient and ingenious speech, delivered on a former day by the learned member from Cumberland, and which was so well calculated to arouse j)rejudices in many minds again.-t thetdective principle. That gentleman drew a vivid contrast be- tween the institutions of America and those of the mother country ; and, while he did but justice to the latter, the former were held U[) to ridicule, as being based upon unsubstantial theory, and incapable, of securing life, liberty, and j)roperty, when reduced to i)ractice. He is opposed to this resolution, because, judging from the elective [jrinciple in i I i.t TWKLVE IlESOLUTIOXS. 119 t 1 ihu Ui\it(Ml St:itos, In- lM'li('V(\-( tliiit if ai» flccfivo romicil woro crciitcd here, it would be i'ullowi'd I)y aiiiiiial pailiaiiicuts, iiml (lie clictioii l)y (lie ])('ui»lt' of our jii(lg(!s ami pJViTiiors. That oik.' violent clian'ro would Ih- Ibllowod by another, produced by an insatiable spirit of cxeilemcnt and innovation, until this Provinct; was brouiiht to the same dcploralili- con- dition to which our n('i;»hbors arc rcilucc(l by ihc dist(inpcrc(l iina;^inatiou of my honorable and learned iViend. Sir, I trust that those who hear nic will I)c disposed (oa^k themselves, not what exists in Eni^land, under circumstances very dill'erenl iVoni ours — not what exists in republicini America, created out of a slati- of thinjrs which is not likely to bo forced on us — but what is re»iuired by the Provinc(! of Nova Scotia, under tlu( eircumstanci'S in which we are placed ; what form should her institutions assume, in order, by ju'e- serving the responsibility of all branches of the f^ovennnent to tin? Commons, to secure her prosperity and ndvancement. l>ut, sir, Avhen I hear it asserted in this Assembly that there is nolhinj:^ practical in tin; institutions of our neighbors — that they are based on mere speculation — that Ijcneath their shade neither lile, libeily, nor property ai' secure — SI sense of justice — of what is due to the aljsent — would compel me to say something even in an enemy's defence. Sir, when the lenrned gentleman thus asperses the institutions of our neighboi-s, when lie tells us that there is nothing practical in republican America. I point to that great nation, stretching from the Gulf of ^lexico to the IJay of Fundy, and I ask him, excepting the IJritish Isles, to show mc where, upon the Avide surface of the globe, within the same extent of territory, an equal amount of freedom, prosperity, and happiness are enjoyed ? Nothing practical ! "When I see a people who numbered but three millions and ji lialf, at the time of the Revolution — who owed then seventy-five million dollars — and who, though they purchased Florida with live millions, and Louisiana with fifteen, and owed one hundred and twenty-three million dollars at the close of the last war, are now not only free of debt, but liav(^ an overflowing treasury, the fertilizing streams from which, rolling through every State in that vast Union, give life and energy to every species ol' internal improvement — I ask my learned friend, is there nothing prac- tical in all this? When 1 see fifteen millions of people governed by the aid of six thousand troops — less by nine thousand than are necessary to keep the peace in Ireland, scarcely one-third more than are stationed in the Colonies — shall I be told that there is nothing practical in the government under which they live ? "When I survey their industry, their enterprise, their resources, tlieii* commerce whitening every j^cn, their factories, propelled by a thousand streams, their agriculture, with its m I ill ift. .! I ' ' 'X f 'it; . !■ ' ;iv i ^' # fffc m :'■ ifi ,.:s;r ■ :■>:<■ f iMTWi^nw^*^ 120 TWI:LVK RKSOLUTIONrt. i.. ji it catili' (111 It'll tlioiisiind Iiill-i, their forty noltlo rivers flowiiiff to the occnn, t'oNcrctl wiili siciiiiilpoiils ciowdcd with Inimaii Iicinjjs — ni^Miii, I :i»!\, sliall it 1m- >iiii| lliatrvi'ii iIk' n'|iiilili(':iM irHtiliiliotis of America liav(> iinidiiced no |ti'aelieal result? AVIieii I l)eli<»l(l, iipoii the ;rreat ialios — scarcely rivalled liy llie ('as|piaii and tli*.' IJaltic — animated scenes of inlaiul tralllc, when I look to her li\(' hundred Itaidxs, with their two hundred millions of en|iilal, In'r extended lines of railroad and canal, her sph-iidid paekeis, ;.'lanciM;^ like hii'ds athwart the Atlantic, her n(»I»le pcniteii- tiarie-, her excellent hotels, her iifly colleges, her admirahle conttnoii schools. — I cannot hut feel that even if such dreadful evils as these, were to come upon lis from makin;; our Council elective, avc ouj^ht Jiol to be deterred from askini^ ibr ii change. And when I thiidc of her acute diplomacy, her aide Presidents, from Washington to tJackson, her orators, irom Henry and (^uincy, to Wirt, and I'iVerett, and Webster, her philos- ophers, from Franklin to Fulton, her patriots, from Warren to Clinton, her poets (and sweet ones they are), her Bryants, ami Percivals, and Si;?- uurneys, — I am bound to assert that the great nation which the learned gentleman maligned, jtresenis an aspect of political prosperity anil grandeur, of moral sublimity and high intellectual and social cultivation, that ought to have made him ashamed of the unseemly pictun; which he drew ; and I tell him boldly, that these arc practical restdts that should challenge his admiration, nither than excite his contempt. r»ut, forsooth, all these arc; to go for nothing, because there are mobs in America; because the people (»f Charlestown burnt a convent, and some of the rioters wire permitteil to escape. Did jny learned friend never hear of Lord George Gordon's mob, that took lawless possession of the very capital of that mighty empire to which he is so ])roud to belong? Does Ik; not know that an infuriated inultitud*; rioted for days uncontrolled in the city of Bristol ? AVould he like to have these in- stances of temporary misrule, of the unbridled sway of human passion, brought forward to prove that there is nothing practical in British institu- tions? that there is no security for life and property in England? They woidd prove as little in the one case as in the other. Mobs will spring up occasionally in towns ; but, if they sometimes disgrace those of America, who ever hears of them in her agricultural districts ? Yet in Britain, not only do we hear of combinations to destroy machinery in the cities, but the burning of stacks in the country ; and therefore it is, that when I am cautioned against preferring unjust imputations against the body in the other end of the building, who have their defenders here, I advise them to look at home, and not to send abroad unfounded charges against a neighboring nation, on the presumption that no one will have .^- N't TWKI.VK IlF.SOLniON^. 121 tin' iiiMiiliiii's-t to s;\y ii word in its «l<'rt'ii('<'. I mij.'lil turn liciilli'mt'u's allnilioii Id s<'i>iii's wliicli have (u-cin'rcd :il Iidiih', iiikIit tlir r'liiiilc^w ol' that ctuistitminii imd lliosc luws wliidi lln-y cnnsidn- iiciitrl, ten tlimi- MUinl lime-* iiKirr di>;:riii'»'rid tlimi any llial liavc (icciirrcd in Aini'rica. 1 mi^'lit point to " icd Uatlifoi'inac," ami liic otlirrsccnc-^ot' titlif Itntclwrv in Inlaiid ; ami wliilr yon sickcni'd at the Mood Mowing; Iron) tlw woninN intlirtcd hy a linital siddicry, I inii^hl show yon llu- avaricions priest."'. and tlio licsottcil torii's — those who drink IVom the pure stream of juditieal wisdom, descril)ed on a I'ormer day \ty the learned gentleman troll' WindMir — hnsily fxoadinjj; them on. JJiit as these woidd prove nothin;; a;:ains( the ^'eneral workini; of nriti>h institnlions, the vast amount of protection and happiness they secure, iieitlier should those of our iiei;:;hl)ors l)e assailed upon e(|nally imteiialdc ;;rounds. Wnt r am told that slavery exists in the I'nited States. It does; and I will admit that if there is a stain upon their escutcheon, a Idot upon their lair fame, it is that slavery has lieen stilVered to exist in any part of the Uni(m so l(»n<^. Ihit, did not slavery exist in the lliitish domin- ions until within two or three years ? And when I am told of the violent proceedinj^s of the Southern plant<'rs to protect their own system, I n'lnind my leariie(l friend of the hatcheries, and huruiui^s of (diiipels, in the West India Islands, Slavery is a ;ireat curse; anul let us never forget, that while slavery was forced upon the old Colonies hy the operation of liriiish laws, nine out of the thirteen States that originally formed the confederation have wiped away the stain, have, emancipated their honds- inen, have hroken the shackh's of the slave. If, then, I wished to justify this resolution hy the practical effects which the elective institutions of America have produced, I feel that, notwithstanding tin; (doipience of my learned fri(;nd, I should be entitled to your sui)port. Tpon the f;icts to which I have referred, and hundreds of others like them, I might confi- dently ask for a solemn adju up of public oillcers and directors of the ]»ank of England, he would laugh you to scorn ; he would tell you he would not tolerate such an upper branch for a single hour. Sir, it is because I feel that the institutions we have are not English, that they arc such as would never be sufl'ered to exist at home, and ought never to be sanc- tioned by the descendants of IJritons in the Colonies, that I desire a change ; and, because it i)i"oposes a remedy, because it liolds out a prospect of reformation, that I ask the House, not rashly to adopt, but gravely and cahnly to consider, the resolution before them. I have already said, and I repeat again, that tiie excellence of the British Constitution is to be found, not in the mere structure of the various branches of the government, but in that all-pervading responsi- bility to the people which gives life and vigor to the Avliole. That Constitution is not a thing held sacred from change, not susceptible of improv'Mnent, but a form of government subject to continual revision and renovation, whenever it is found that the great principle of responsil)ility is in danger. To preserve this i)rincii>le {\w prerogatives of the crown were curtailed; to preserve this j)rinciple the House of Commons was reformed ; and even now, a struggle is going on to reduce the power of the Lords. Shall we, then, be blamed for seeking to preserve it, by re- modelling our provincial institutions? When gentlemen raise the cry of innovation, I ask if the repeal of the Test and Corporation Acts was not an innovation ? if the destruction of the rotten boroughs was not a great constitutional change ? And while the government at home is subjected to constant modifications, required by the increasing intelligence of the people, is it to be said that ours should remain unimproved — that the reforming ministers of England will deny to the colonists the right to imitate their own examples? Sir, I have often felt, and now in my heart believe, that if the people of England really understood the ques- tions which often agitate the Colonics, if the government was accurately informed, instead of being, as it constantly is, misled by interested parties on this side the Atlantic, we should rarely have any very irreconcilable iL" I TWELVE RESOLUTIONS. 123 (liflTcrencos of opinion. "What vartlily interest ha?* Jolni liiill in denying his Itrethren justice!' The argument urged about the denial of an elective Comu'il was partially answered on a former day; hut gentlemen may not he aware that the last motion made by Mv. Koehnek on the sulijeet was with- drawn, imder an implied j)ledge that government would fairly consider the (juestion. Let gentlemen review the present system of creating tlie .second branch. Can any thing be more intoleraI)l<' ? 1 referred, on a ibrmer day, to the old Council of Elaine, composed of a single family ; the same evil has prevailed to a great extent in every one of which we have any knowledge ; they have either been composed of such comiec- tions, or have been ruled by little combinations, always distasteful and often injurious to the people. How can it be otherwise, while the whole branch is createtl on the recommendation of one or two individuals in the Colonies, more intent on preserving their own inliuenee than fairly distributing the royal favor. " It is a fatal error," says Sir James Mackintosh, "in the rulers of a country to despise the people; Its safety, Iionor, and strength are best i)reserved by consulting their wishes and feelings. The government of C^uebec, despising these considerations, has been long engaged in a scuflle with the people, and has thought hard words and hard blows not inconsistent witii its dignity. I observe that twenty-one bills were passed by the Lower House of Assembly in 1827, most of them reformatory. Of those twenty-one bills, not one was approved of by the Up{KH' House. Is the Governor responsible for this ? I answer he is. The Council is nothing better than the tool of government. It is not a fair and constitutional clieck between the popular Assembly and tlie Governor." I did not think it necessary to accumulate evidence on this point, or I might have had abundance ; indeed 1 feel that it is painful to intrude even what has been said upon the ILjuse, after the long dis- cussions in which we have been engaged. It has been said that elective Councils are a new invention ; but let it be remembered that they existed in some of the old Colonies until their charters were withdrawn, and were found to work well. And if the government would but take an enlarged view of the subject, it would, notwithstanding the national and religious divisions which certainly do present some difliculties, grant an elective Council to Lower Canada, for these plain reasons : ji vast ma- jority of the people, and nearly the whole of their repi'esentatives, require it. To refuse, is to perpetuate agitation ; to grant it, is to try a great experiment for the restoration of peace ; and if it be necessary to resort to force, to reconquer the country again, it can be done as well after i\s before the Upper branch is rendered elective. * m ! ■ ■ i ! it ; i ■ i v i I" « 1.1 !i i;- III i! i:' fl ll: 124 TWKLV E I?ESOLUTIOXS. i . rf,, r>ut, it i.s said, the Councils would in tliat oase l»e llllcd witli persons of low estsUe ; witli i'arniers, and nieelianics, wiio know notliiiif? of legisla- tion. Let nie, upon this point, (juote the answer wliieh an intelligent Anieriean gives to C'aj)tain Hall. lie sajs: " From Canada, Captain Hall i)ass(s into iNew York. Delighted with a Ciovernor, robbing the public chest (and pleading an olherwi.-e unavoidable subversion of the government as an excuse), and with a Council, comj)osed of the ' Gov- ernor's creatures,' negativing every bill from the other House, Captain Hall is of cours(,' disgusted with the Legislature of A'ew York, as com- posed of luen ' who had come to the Legislature straight from the plough, from behind the counter, from chopping down trees, or from the bar,* wholly nnaccjuainted with public business or the duty of the legislator. l?ut we dislike this eternal drawing of inferences, instead of citing facts. We wish Captain Hall would point out the great practical evils perpe- trated by this Legislature, or that he would name a deliberative body in the world, that can show more work, better done, ihan may be shown by this very Li'gislature of New York. Look at the institutions of that State ; her various endowed charities ; her jjenitentiaries, which our traveller desciibes with great but not exaggerated praise ; the rapid colonization of her own wide domain, with a population greater than that which I'arliament, at a {jrofusc expense of public money, has been able to rear u[) in all the liritish North American dominions ; lier munilieent endowment of her colleges ; her princely school fund ; her more than im- perial works of internal connnunication. These are the doings of Cajitain Hall's wood-choppers and plough-joggers, but not all of them. It' there be a government, poijular or arbitrary, which, in nearly the same space of lime, and with the same command of means, has done n\ore for the advancement of civilization, the arts, and the public welfare and prosperity, we have yet to learn in what part of the world it is to bo Ibund." I give the same kind of answer to my learned friends on the other side. Suppose that a new Council is to be created to-morrow ; how is it to be done? Two or three persons furnish lists to the Gover- nor, who sends them to England. Now, this is a power that I would not entrust to any two or three men, however wise or patriotic they may be ; yet, if they are the reverse, how incalculable is the mischief pro- duced. 15ut, suppose a member of Council is recjuired for Caj)e Breton, and by the aid of the elective principle the live gentlemen wiio now represent the Island are returned ; if the Governor is compelled to select one of these, though he may not take the best, he must, at all events, choose one whom the people themselves have pressed u[)on his notice ; one in whom they have confidence, and one who is more likely to be of w^__- TWELVE UESOLUTIONS. 125 st?Tvice than a person whom thpy never saw. Perhaps he may now find one among them that would be seleoted ; but I know that there are other counties whose representatives would go a begging for a seat in Council before it was obtained. In nine cases out often it will be found that the men most loved r.nd trusted by the peo[)le, arc the last to obtain the confidenee of the local government. Why should this be ? In Eng- land, the King himself cannot exclude from his cabinet commanding lialent, backed by the support and confidence of the nation. How often have we seen the British monarchs compelled by the country to place the reins of government in the hands of those from whom they would gladly have been withheld. Can such an instance be quoted in Colonial his- tory? No, sir ; and therefore it is that I seek for change ; that I desire a more responsible system. I acquit the maternal government ; I acquit the people of England of any wish to deny to us the advantage of prin- ciples of which they have proved the value. There is something too fair and noble in the structure of the Briton's mind, to permit him to deny to otliers the blessings and the forms of freedom ; and particularly to those who speak his language, and have sprung directly from his loins. Why should Britons on tliis side of the Atlantic be denied those checks and guards which are considered so essential at home ? There they have indeed a Constitution practically u-;eful. lean participate in the glowing picture which the learned member from Cumberland drew ; I can survey with delight tlie spectacle which England presents to the world. That great country is free ; but here, the blessings she enjoys do not exist. I trust, therefore, that this proposition for an elective Coun- cil will not be considered so rash and heedless a one as some gentlemen are disposed to imagine. The measure is one that I believe will be sat- isfactory to the peop'. ; and can there be any danger in its adoption ? Shall we be more closely united to the mother country if these twelve men are selected by the Colonial Secretary, or somebody for him, than if they arc chosen by ourselves ? If It be said that this is too important a change to adopt on the recommendation of an individual, I will read to you the deliberate opinions of the present Master of the Rolls, and whose sentiments on this subject, from his talents and high standing, are entitled to respect. In a debate which arose in a former Assembly, Mr. Fairbanks observed, "That on all hands the composition of the Council was acknowledged to be defective ; rejecting the principle of election, it would, perhaps, be easy to make additions ; but would it be easy to make such as would please rhe people? A new Governor would, perhaps, come here, and before he has had time to acquaint himself with the situation, and the leading men 11* m Hf:'-! "'; 1 ' 1 ; !''r.>l ir . li I ,1 1 1 % i Jiil i\ Jl 126 TWELVE RESOLUTIONS. M : !i '!) if 11 .1 ■.){ of the country, two or three persons who chanced to get into his confi- dence wouhl make all the new appointments ; was it to be supposed the people would not make belter selections themselves ? If they tould trace the secret liistory of all the appointments that had l)een made for years, they would not hesitate to change the mode. The learned Solicitor General went on to exjdain how he tiiought, if the j)rinciple of election was not introduced, some advantage migiit be gained by having a m-im- ber of the Council to act as member of each county, whether chosen from it or not. If so designated, atid if it were understood that they were expected to watch over the interests of i)articular districts, as members of the Assembly now do, there would b«,* a bond of union between them and the people they were chosen to re])resent, and much of the narrow and metropolitan character of the present Council would be removed. lie dilfered entirely from the learned member from Cumberland about the propriety of allowing either the Chief Justice or the i\Iaster of tlie KoUs to remain in either Council. His studies had taught him that the exercise either of legislative or executive powers was incompatible with the due administration of justice. The energies and the intellect of this country had grown beyond the feelings and interests, and ])rejudices of the pi'esent Council. lie was afraid, however, that merely a>king for an addition of six, to be chosen as they were at pres- ent, would be nothing at all. lie wished, that while they were about it, they should really effect a reform, and not merely an unimportant alter- ation ; " and on a subsequent day he remarked, '» That to tell him the principle of election was at variance with the Constitution, was to tell him what reading, and reflection, and experience dis])roved. Tlie Con- stitution was founded ujion this graiul jjrinciple, that every thing must conduce to th(> good of the people." These arc the opinions of a man who held a crown otfice at the lime. In conclusion, I beg gentlemen to look around all the Colonies, and ask themselves, have these selected Councils conduced to the jiublic good ? Turn to the resolutions you have passed to-day tor proof of their o[)eration here. I regret that upon this question I shall have to encounter the oi)position of some tiiat 1 would fain have carried with me in this measure. As we have stood together on other questions, 1 shall be sorry if we jtart on this. They will bear in mind that I am not con- tending for an ultra and uncontrolled exercise of the elective print iple ; I seek only sucii a iiiir infusion of it as will preserve a constitutional balance of power. Insinuations have been thrown out about a delega- tion to England. As I said on a former day, I say again, that this is an extreme step which I do not contemplate ; one oidy to be taken as a last St I COUNCIL S MESSAGE. 127 resort. Those wlio know me but i!ni)eriVctly may assert and insinuate that I am anxious to stir up strife ; that I have ulterior views tliat do not now appear. I hope to live down such aspersions. Sir, wlien 1 go to Enghmd, when I realize that dream ot" my youth, if I can help it, it shall not be with a budget of grievances in my hand. I shall go to survey the home of my fathers with the veneration it is calculated to inspire; to tread on those spots which the study of her history has made classic ground to me ; where llami)dcn and vSydney struggled for the freedom she enjoys ; where her orators and statesmen have thundered in defence of the liberties of mankind. And I trust in God that when that day comes, I shall not be compelled to look back with sorrow and degrada- tion to the country I have left behind ; that I shall not be forced to contess, that though here the Uritish name exists, and her language is preserved, we have but a mockery of IJritish institutions ; that when I clasp the hand of an Englishman on the shores of my fatherland, he shall not thrill with the conviction that his descendant is little better than a slave. With some inoclifieation^', Mr. Howe's twelve resolutions were passed, the most of them by handsome majorities; and on the 4th of March he moved for a committee to throw tiiem into the form of an address to the crown. On the 7th of March, a message was received which created no little alarm. It is Avtn-th preserving : — III Council, 1th March, 1837. His ]Mujesty's Council perceive by the Journals of the IIou»e of As- sembly, which the Council have this day received, that the House have passed several resolutions, conveying accusations against His Majesty's Council, and among others, one declaring some of the '" Jfe/nlcrs of His Majesti/s Council hare evinced a disposition to protect their own intei'csts and cniohnnents at the expense of the pi(blic.'' His Majesty's Council admit, that it is not only the right, but the duty, of tlu! House of Assembly to jjropose any alteration in the institutions of the country which they think would prove beneficial to the people; but they cannot admit the House of Assembly have any right to pro- nounce the ^lembers of the Council to be guilty of acting from corrupt motives; and if they have evinced a disjHjsition to protect their own interests and emoluments at the expense of the public, their motives must be corrupt. That decorum which ivgulates the intercourse of society, could not long be presei-ved in private life, if in the transactions of the Legislature, i 'i, i 'i if\ m 128 council's message. :| i ■I ■! . ,1 ut where a more ceremonious observance of it oiiglit to prevail, one branch sihonld be permitted to commit so great a violation of it upon the other, without expostulation or resistance. His ^lajfc'sty's Council trust that the House of Assembly will, upon further consideration, perceive that a resolution containing such accusa- tion against a coordinate branch of the Legislature is inconsistent with these rules of decorum. His Majesty's Council would deeply deplore the evils the country would sustain from an interruption of the public business ; they trust that the House of Assembly would ccpially deprecate such an event; and they therefore earnestly hope, that the House will feel the propriety of i-escinding this resolution, as His Majesty's Council feel, that if they were to continue to hold communication with the House, while that ref- olution remains unrescinded, they would justly forfeit their self-respect, as well as the respect and confidence of the public. It therefore now remains with the House of Assembly to prevent any interruption of the public business ; and the Council repeat their earnest hope, that the House of Assembly by an act of justice will enable the Council to cooperate honorably with the House of Assembly in carry- ing forward the business of the session, and bringing it to an harmo- nious and happy issue, with all possible benefit to the people and to the Province. Jiesoh'ed iimmimousli/, That the foregoing message be sent to the House of Assembly. It was apparent, from this message, that the Council had made np their minds to maintain the old Constitution at any price, and to sacrifice the revenues of tiie country as they had done in 1830, rather than not bear down and crush the daring individual by whom their prestige and privileges had been so rudely assailed. What is to be done ? was the question that every man asked his neighbor. If a collision took place between the two branches, the revenue laws would expire and the revenue be lost. Collision was inevitable, if the obnoxious resolution was adhered to ; and to admit that it was inaccurate or unjust, upon compulsion, was to yield the right of the House to convey to the foot of the throne any statement or opinion at which the Executive chose to take offence. The position that Mr. Howe occujiied at this moment few public men would have envied. His friends trembled for him, and his enemies i 11' w - fil. « !:;' COUNCIL'S MKSSAOE. 129 triumphed in antici[)iition of a spcftly and iiifj^lorious 1(>niiina- i'lon of his political career. Nobody knew what he would or couhl do; and I renienil)er distinctly the forenoon on which tho Council's message was to conic up for consideration, and tlu; anxious faces wiiich lined the henches and thronged the lol^hies of the House. Late in tho day Mr. llowe entered, with a face as cheerful and a step as buoyant as if he was going to a wedding. II(? threw back his coat, addressed the chair, and in a few nionients the public mind was relieved, and everybody felt that the crisis was over. He had anticipated the action of the Council and was prepared for it. The revenue should not bp lost. The resolutions had done their work. They had tested the opinions of the House. They had gone, with the debates upon them, to tho country. They would go to England ; and, even if rescinded, the very coercion under which the act was done, would illustrate the overweening j)ower of the upper ])ranch, and the defective constitution of the country. He would not rescind the singh* resolution complained of, or admit that the charge it preferred was unfounded. He wovdd mov(^ to rescind the whole, and then ask for a committee to prci)are an address to the Crown upon the state of the Province. "What that address would contain was matter for aft(>r con- sideration, when the revenue bills had been passed. The resolutions were rescinded ; the revemie bills secured ; and within a few days of the close of the session an address was reported and passed, which embodied all the resolutions, and elicited those very important dispatc;hes from Lord CTlenelg which were laid on the table of the House at the next session. The dexterous manner in which this blow was parried, and the Council beaten with their own weapons, raised the reputation of Mr. Howe. Friends who had hitherto only given him credit for boldness and tluency in debate, thenceforw^ard relied with great confidence upon his skill and prudence. We give the opening speech delivered on this occasion : — Mr. Ilowe rose and adilresscd the chair. lie felt that they had now arrived at a point which he had to a certain extent anticipated, from the moment lie i?at down to prepare the resolutions. IIo had presumed, judging from what had occurred in times past, that by tlie time those I. I.M :\l'] Jftt; "ill '■ ;!l 130 COUNCIL 8 MESSAGE. li I ■u I'll resolutions aiul tlie dtbatos upon thorn liiul gone jibroad, .some such mes- sage :is that wliieli had just been read wouhl be jjresented at the bar. Whether any portion of the resohitions, or the indignant expressions of members again-^l the oorruption of tlie local government, would be seized upon as the subject, he could not of course divine ; but the posi- tion in which they were n(»w placed did not take him at all by s'.irprise. In l^ngland the rights and powers of the diflferent branches of the gov- ernment were so beautifully balanced, and the control of the poj)ular branch was so suprenje over all the others, that the Commons could atlbrd to he respectfid, and as no such dangerous combinatit)n of powers existed in the Lords, they naturally chastened the language in which the character and acts of that body were spoken of in the lower House ; and the consequence was that such collisions as these, arising out of mere exjjressions, rarely if ev(>r occurred. Here the case was different; — of such a body us our second branch, it was diflicult to speak in terms that would not be offensive ; and the Commons, in endeavoring to represent to the crown the reasons which rendered a reform of the Council indis- pensable, were compelled, in order to state the truth, to depart from the measui'cd tone of parliamentary language. But it was of little conse- quence ujion what point His IMajesty's Council had seized, he had felt assured they would not lose an opportunity of again exercising the coer- cive power they possessed over the Assembly, nor of embarrassing, if possible, the onward march of reform. On a former occasion they had thought proper to take otlenee at a humorous speech made by Mr. Hali- burton, in which he compared them to twelve old ladies, and by the power tliey possessed over the revenue and supplies, had compelled the House to bring him to the bar for censure. On that occasion the House was forced to do an act, which the learned member from Cumber- land declared the other day he would cut his hand off rather than do again. IJearing this in mind, and well knowing that there were many points in these resolutions which would touch them home — that they did not like the spirit of" reform that was abroad — that the language of the debates would startle and annoy them, he anticipated some such ste|), though of course he could not calculate on the manner or the time. Tiieir power to coerce the House into almost any thing was undoubted. In England, the Connnons could influence the other branches, from the power it possessed over the revenue and supplies. Here the Council could and did often coerce the other two ; nearly all our salaries being provided for by permanent acts, and the only services that could suffer being those upon which the people themselves relied. It was the deep conviction of this fact that had made hira so anxious to press the ^s;|*l council's message. 131 real -state of the colony on the government at home ; that they should, wliile askinj; for changes, state the reasons which rendered them neces- sary. Sir, those reasons have gone forth in tlu^ resolutions and discus- sions of this Assemhly ; and if I can trust the opinions expressed in the interior, they have found an echo from one end of the I'rovlnce to the other. But now that we have staled tacts which our records pi-ove, Avhicli the country sanctions, which a majority of this Assemhly heli<>ve, now that we have expressed a detennination to explain to the Sovereign the real character of tlu^ ahuses imder which we lahor, Tlis Majesty's Council turn round and tell us, you shall do no such thing, or if you do, we will do no business, the revenue shall go down, and the roads, bridges, and other essential services, be left without any provision. The loss of £ 10,000 is to be the penalty for telling our king the truth. Can any man doubt their power or their inclination to protect themselves at this cost to the country? "Whatever others may think, I believe them mad enough to do any thing, to keep up the system which they feel is tumbling about their ears. For a ludicrous speech they would have sacrificed the revenue, and plunged the country into confusion. On that occasion the House succumbed. IJut at a sulisequent period, when they made a daring attempt upon the most sacred privilege of the Commons — the right to regulate the supplies — the House resisted ; and you know ■well, sir, what was the consequence. They persisted, though every prin- ciple of parliamentary usage and common sense was against them ; some; £40,000 were sacrificed, and when the new House met they found an empty treasury. I regret that it did not then follow up the attack which we are conducting now ; but it sunk back into the same state of passive obedience, and the consequence is that you are now as much at the Council's mercy as you were then. With a knowledge of t'. ese facts, being aware that whether you made attacks upon them, or they upon you, they could insult and coerce this House whenever they pleased, I was quite prepared for this demonstra- tion of their disposition and their power. The question is now, whether you will comply with the Council's demand, or lose thirty or forty thousand I)ounds together with all your appropriations. It will be remembered that we have already stated, in one of our resolutions, the powerless condition of this Assembly ; we now give to the country a practical illustration. I have said throughout this debate, that while pressing reformation by every means in my power, I was determined to preserve the revenues of the country. I say so still ; — I will not sacrifice them to gratify His Majesty's Council. IJut it may be said, what is to be done ? And I answer, sacrifice neither the revenue nor the cause of reform. In deal- Pi k m i :m 132 council's message. ingwith nn enemy ulio is (lisimsoJ to take us sit (lisadvnntago, liko politic soldiers, let lis light Avitli his own weapons. Karly in the session wo 8eiit a ri'spccd'iil rcnioristrance to the Conneil, on a suhji'ct deeply inter- esting to our eonslitueiits ; an answer was returned, which I believe all felt to he an insult, hut we had no means of redress. They then denied our right to advise them ; they now forbid ns to advise lh(> sovereign, to tell him what a large majority of this House believe. T shall advise the IIous(! to no coursi! which shall impeach the truth or justice of these resolutions; but I will remove the dillicnlty in j)oint of form, in order to save our reveiuie. The country will understand at a glance the position in which we are placed and the motives by which wo are actuated, a;;»l I wish the Conneil joy of the triumph they are likely to obtain. Whether we advance or recede for a moment is of little consequence ; the people all have eonfidenee in those who are struggling for their rights, and aj)preciat(; their motives. I have no fears that even if we were to take the extreme steps now sought to be forced upon us, we should be sustained ; >vhen, on a former day, you, sir, stood forward to resist the encroachments of that body, they had you at great disadvan- tage; — the people were comparatively ignorant ; — thej'(! was no organ- ized public opinion in the country ; but now, thanks to the press which some gentlemen abuse, the i)eople are keenly alive to the doings in the capitol ; and I believe that if we were disposed to send back an indig- nant rejection of the message, and a dissolution followed, there is not a man of the majority that would not be returned. IMy own constituents I know would suj)port me ; and therefore in taking the ste[) I propose, it cannot be supposed that we are influenced by any consideration but a desire to i)rotect the interests of the Province. The Council ask us to rescind a particular resolution ; I am prepai'ed to give more than they ask, and to rescind them all. This done, they cannot refuse to do business, and the revenue is secured. l>ut I shall follow up that motion by another, for the appointment of a committee to draw u[) an address to the crown on the state of the Colony. As re- spects the resolutions, they have done their work ; they have elicited the opinions of this House, and thereby told some wholesome truths to the Governor, the people, and the Council themselves. They will go home to the colonial olfice, and their language cannot be mistaken. All the threats of His IMajesty's Council cannot destroy their effect. The form which rescinds them u[)on our Journals is of little eonscfpience, forced upon us as it is in the threatened destruction of the revenue, by the very body they are directed against. In advising this course, I am pre- pared to take my own share of responsibility; — I wish T could take it ENGLISH PAIlTirS. 133 nil. T will not wliilf ^cfkiiii^ a preaf pjooil, permit ITis I\rMJ(^>ty's Coun- cil to do a great evil ; nor allow tlicni by an infliction on tlif comitry, to throw (lisci'fdit on tlic can-c of rd'orin. I will not apologi/c nor with- draw ono, Imt will, if a majority arc so disposed, rescind the whole. The whole tnatler will then he intellijrilile to the Governor and the conn- try, lliil T will not stop hen'. It is not for me to say when a commit- tee is appointed what the address shall cf)ntain ; hnt I presnme that hav- ing these rcsolntions heibre them, an have so much at heart. Tn Enirland, if difTer- enoes arise between the two branches, the crown stands as arbiter lietwcen them; here, even if the Governor were disposed to side with the Com- mons, to prorogue for a week in order to obviat<' diiricidties, he lik(^ our- selves is coerced by the upper branch who arc his advisers, and thus, as an Executive Council, they can cover and support their own folly as a legislative Assend)ly. IMr. Howe concluded by moving the following resolution, which he believed was the only one that would save the rev- enue, turn the tables on the body that had assailed them, and effectually serve the cause of ri'form : — J!eso!ir(f, That the standing order of this House which requires previous notice of rescinding resolutions, be; temporarily suspended ; and that the several resolutions passed by this IIousi; on the 27th and 28th February, and the 2d and ."d ^lareh, relative to the Constitution of this Colony, the distribution of patronage, the strnctun; of Ili.s Majesty's Council, and the disposition evinced by some of the members of that bo;u'd to protect their own interests and emoluments at the expense of the public, and ibr preparing an address thereon, be, and the same are hereby rescinded. Wc take from tlic debates of this session a speech in reply to Mr. Wilkins, who was one of Mr. Howe's earUest assailants. During the long period which elapsed between their first en- countiu's and their honorable alliance in support of the railway policy of 1S54, there were, between these gentlemen, many keen encounters of wits and matily passages at arms : — I\Ii'. Howe trusted that the House would do liim the justice to ac- knowledge that if the debate had taken a wide range it was not his fault. He had no wish to occupy attention Avith extraneous' matter, not directly bearing on the bill before the committee. But, in his place, he had been 12 m M m i i 11 !)] 1 i 'i 1 i K 1 I 'i 1 i 1 1 [■ > 1 . ., !, ¥ I i H i :■ 134 ENGLISH PARTIKS. ('li!ilIon;j;('d to cnnif loiwunl iiiul liiid any faiiU with tlio last IIouso; nml in answer lo that a|i|K'al he liad lii-i-n ('oinpcllfd tct touch on a variety of topics, ridin all allusion lo which at this time he would willin;^dy have ro- Iraineil. Thou^^h he claimed none of the honors, nor was chat';;ealde with any of the sins, of the writer to whom learned gentlemen had referred, lie had always l»een preparetl to express his own views of public allairs, in i)ro,,cr iime and M-asun, and to defend them; but .some <^entlemen had seemed disposed t(» einliract! in this discussion every thing in the whole range of history and politics. The honorable and learned gentleman I'rom Windsor had I'ven gone into a dissertation on the dillcreiit political parlies which exist in the mother country, with a view to draw invidious contrasts between some of them and the reformerd in this House; but ho tliought it would not be diflicult to make that gentleman a little ashamed of the |>arty lo which hi^ himself might be said to belong, by a short review of its pcdilical history; — a i)arty that, saitl 3[r. Howe, has steatlily and selfi.>hly opposed all those great and glorious improvements which have been recently carried, and which have made our mother country prosperous at home and loved and respected by the world. For years and years that i»arty upheld the slave trade ; and when it was proposed to abolish slavery in tlui IJrilish (h)minions, they denouiuH'd and opposed the act which was to strike oil' the shackles of eight hundred thousand human beings, and raise them to the rank of freemen. And ■when a wliole nation prayed for liberty and justice — when seven miHions of human beings, after centuries of degradation and oppression, asked, as they liad a right to ask, for an etpial ]iarticij)ation in the blessings of the Constitution and the laws, they were opj)osed year aft<'r year by that party, who never yielded their inijust monoj)oly until it was Avrested from them by the combined eiforts of the [)eople they wished to enslave. That party, too, sir, were the staunch and unblushing defenders of the rotten boroughs of England. Lightly as we may estimate a seat in this Assembly, what would we think of those who desired that they should be bought and sold like cattle in the market? Yet, this was done in England, and the practice was pertinaciously defended by the party to which the learned gentleman i'rom Windsor is so anxious to belong. Then, sir, in almost every town in the three kingdoms there exi.-ted a rotten cori)oration, which levied taxes at their pleasure, spent them as they pleased, mismanaged public afl'airs, and preyed on their 2)cace and their industry; but th(3se were also by that party reverenced and upheld. These rotten boroughs and corporations — these millions of serfs and slaves, were regarded l)y the learned gentleman's friends as the outworks of the Constitution ; they prophesied that without them Great Britain ENT.USII PARTIES. 135 could not pxist ; niid tlicy (Icnniiticcd tlioM* who diircivil with flicni in opinion as tlic distiiihi'ivs and cm inic-* of lh<' coiuilry. Ami, sir, I am not now to h>arn that thc> mom strikinir fcaturiM and hn('am('nt>i of the great partits which exist at home an' l<» he fmnid in all tho colonics. In almost every Provinco there are to In- foinid two parties, actuated hy antagonistic principles. On tlie one side we lind the ;^roat mas^ of the peoi)le, who are c(jiilendin,Lj for a system of rational and economical jrov- '•rnmcnt ; and on the f)ther ji sinall and impudent minority, who, for selfi-h ends, and purposes of personal or family ajrjjrandi/einent, are de- sirous of keepinj^ all power in their hands, that they may ilivide among them the puhlic resources. And is it Iiecausc some of ns in this IIouso have calle(l attention to the operation of these opposing i)rinciples lunl |)arties, as they affect oin* own Province, that we are to he characterized ns heedless innovators — as disturhers of thepnhlic peace — desirous of promoting irreligion, disloyalty, and dissension ? It has heon sai i^U I it :lS ■;.'! 'I Irk of one thousand pounds per annum, taken by the judges in the shape of fees, are year after year " burked " in the other end of the buihhng, by a body over which presides a gentleman hirgely interested in that exac- tion, is it unfair to attribute to him some agency in their destruction, or to wish that lie had not been placed in a situation where his public duty interferes so much with his private interests ? I have thus hastily sketched, sir, the leading features of the parties to which the learned gentleman from Windsor and myself belong; and I have endeavored, so far as my recollection serves me, to answer all the arguments he has adduced. If I have forgotten any of them I am ex- tremely sorry ; but perhaps, by this time, the learned gentleman regrets that he had not forgotten some of them himself. On the 30tli day of jNIarch the Revenue Bills were assented to by the Lieutenant Governor, and by the middle of April the public business was drawing to a close. All danger from collision was now over, and on the 13th Mr. Howe rose to move the address to the crown which he had on a former day reported from a select committee. A desultory debate followed the mo- tion, and there were divisions upon almost every clause. But men's minds wore by this time made up, and the pressure of public opinion outside, kept those within who might have been disposed to waver (and there were some), steady. The address was carried through the Iloubc nearly word for word as reported. We talce from this debate a short speech, in which IMr. Howe compares the old Council of Twelve with the House of Lords, and illustrates the extent to which the former exercised irre- sponsible power. Mr. Howe would not occupy the time of the House for a moment, did he not feel that it was essential for the people to understand the true bearing of some of the points which l:jire to preserve to tliomsolvc.-; and their cIiiKlrcn tlio advfintaj^oi? of the Constitution uiiil( r which thi-ir brothivii on the other side of the Atlan- tic liavo enjdyed so nuieli prosperity and liappiness, tliey cannot bnt feel that those they represent parlicij>ate hnt slightly in those hl(^ssings. They know that the spirit of that Constitution, the genius of those institutions, is conipl(>te resi)onsibility to the people, liy whoso resources and for whose Itenefit they are maintained. Diit in this Colony, the people and their rejiresentatives are powerless, exercising upon tlu^ local governtnent very little influence, and possessing no elTectual control. In England, the people by one vote of their repres(M\tatives can change the ministry, and alter any course of policy injurious to thi'ir interests ; here, the ministry ai'C Your INIajesty's Council, combining legislative, judicial, and executive powers ; holding their seats for life, though nominally at the pleasure of the crown ; and often treating with indifTerence the wishes of the people and the repres(.Mitations of the Commons. In England, the representative branch can compel a redress of grievances by with- holding the supplies ; here, they have no such remedy, because the sala- ries of nearly all the public oiricers being provided for by permanent laws, or paid out of the casual and territorial revenues, or from the pro- duce of duties collected under imperial acts, a stoppage of supplies, while it would inflict great injury upon the community, by leaving roads, bridges, and other essential services unprovided for, would not touch the emoluments of the heads of departments in the Council, or of any but a few suboi'dinate ofTicers of the government. As a remedy for these grievances, we implore Your Majesty to grant us an elective Legislative Council; or to separate ^he Executive from the Legislative Coum-il, providing for a just representation of all the great interests of the Province in both ; and, by the introduction into the former of some members of the popular branch, and otherwise securing responsibility to the Commons, confer upon the people of this Province what they value above all other possessions, the blessings of the British Constitution. i i5) II: A very elaborate defence of the old Constitution, and of their own conduct collectively and individually, was prepared in the form of an address and observations, and forwarded by His Ma- jesty's Council to the Colonial office, with a very strong expression of the Lieutenant Governor's opinion in their favor. A Committee of Council, it was, however, announced, had been appointed, to suggest such alterations of the Chamber as might be required on the admission of the public. ;U^' ).:!! !f?i; I ■■"' MINISTERIAL RESPONSIBILITY. U3 In the course of the summer, a set of resolutions calllniif the attention of His Majesty's government to tiic grievances vuuler which the Province of New Brunswick labored, was passed by- its popular branch. There is one of the series which provt)kes a smile at the present time, in which, while the House asserts that " the Executive Council should be composed of persons possessing the confidence of the country at large, and that the cordial sympathy and coiiperation of that body are absolutely indispensable to the existence of any system of administration," yet that the House " should repudiate the claim set up by another colony, that the Executive Council ought at all times to be sub- ject to removal, on address for that purjjose from the popular branch of the government." So novel did this "claim" for responsible government ap- pear, even to the leading politicians of our sister Province, in 1837. They were content to ask for and accept such modifi- cations and changes as miglit meet the rei|uiremenis of the hour, but did not perceive that without Ihe establishment of modes of redress and reformat ion apijlicable to all times to come, there was no security for the wise administration of public alVairs. In the course of this summer, overtrading and extravagance having produced a commercial cri:iis, specie payments were sus- pended by all the banks throughout the United States and Canada. It was feared by some that those of Nova Scotia would be compelled to follow the example. Past experience had, however, taught us a useful lesson, and saved the Prov- ince from participation in this general disgrace. Our banks held fast to their integrity, and continued to redeem their notes, notwithstanding the absurd anticipations of those who declared that if they did, gold and silver could not be kcjit in the country. We record this gratifying fact, not only to illus- trate the value of preceding discussions, but to show to our countrymen the folly of any departure, howeVer great the peril or the temptation, from sound principles of fmance. Though the twelve resolutions submitted to the House by Mr. Howe on the 16th of February, were rescinded, on his own motion, on the 8th of March, they had, as he anticipated, done i. I 1 144 MINISTERIAL RESPONSIBILITY. their \vork. Having been transmitted to the Colonial office by Sir Colin Campbell, on the 30th of April, all the points raised by them were considered and discussed by Lord (zlenelg (one of the most abh', amiable, and well-disposed statesmen who ever presided over that department), in a dispatch, which will be found entire in the appendix. The address itself elicited another dispatch on the Gth of July, written in the same spirit. If nothing remained on record but these two dispatches to illus- trate Lord Glenelg's Colonial administration, they would prove how unjust was much of the abuse heaped upon that nobleman in the party struggles of the period, and how thor- oughly upright and outspoken he was in his dealings with colonial questions. We shall never forget the day when these two dispatches were read in our Assembly. Within a twelvemonth, Mr. Howe had borne no light amount of obloquy and suspicion. His resolutions had raised a storm of declamation from one end of the Province to the other. All those, and they were many, who were interested in the maintenance of old abuses, were uncompromising in their opposition and not very choice in their language. What rendered his position throughout this year more trying and delicate, was the unquiet condition of Canada. It required no ordinary nerve in a man legitimately seeking to reform the institutions of his country by peaceful and constitu- tional means, to withstand the ready argument, drawn from armed insurrection upon the border, that such results must naturally flow from all political agitation. Mr. Howe had withstood it. He had baffled the most skilful defenders of the old system in the Hout^e. He bore up, with unshrinking firmness, against the clamor raised throughout the country. When the Canadian insurrection broke out, he defined his position with precision, and by the publication of his letter to Mr. Chapman proved that he had forewarned the Canadians, and had predicted the failure of any armed resistance to the Queen's authority.* When these dispatches were brought down he had his reward. The sovereign's " cheerful assent " was given to " the greater * See Appendix — Letter to Chapman. (21st Dec.) MINISTERIAL RESPOXSIDILITY. 145 rd. :er part of tli(> nicasnrrs" which he had " snggrstcd," "convinood tliat they would bo condncivc alike to the honor of the crown and to tlic welfare of his faithful snl)jects." These dispatches wen; received in August. They were not shown to Mr. Howe, but negotiatiiMis were opened wiUi hirn by Sir Colin Campbell in a somewhat informal mode, it being intimated that certain information was re(iuired, in the event of His IMajesty's government making concessions to the Assem])ly. It had been represented to Sir Colin that the ma- terials did not exist in the country for a more extend(>d basis of gov(>rnm(Mit, shoTild distinct councils, for the discharg(^ of executive and legislative functions, be conceded. Though we neviT saw the names, wv have reason to know that Mr. ITowc met this objeefioii by forming two complete Councils upon paper, honorably disposing of every member of the old one by giving him a seat in (>ither one Council or the other, drawing in leading men from all the iin|)ortant sections of the country, the whole being so arranged as to fairly represent all the great in- terests therett)fore excluded, and giv(! very general satisfaction. These lists included, we believe, the names of several gentle- men subsequently honored with Her Majesty's mandamus, some of whom have (unaware of the fact, perhaps,) very stoutly opposed the person who first brought them to the notice of the Executive. When these names were submitted, Sir Colin remarked to Mr. Howe that he had omitted his own. He replied that he wanted nothing for himself, but would be con- tent with any arrangement that would give satisfartion to the country. There was no desire to give satisfaction. On the 26th of August a dispatch was for\ arded to Lord Glenelg, containing " the plan for a civil list, to be proposed to the Legislature of Nova Scotia, on the siuTcnder to them of the appropriation of the casual and territorial revenues of the crown, and also contain- ing certain suggestions as to the future composition of the execu- tive and legislative councils." Nothing could be more artfully evasive than these " suggestions," nothing more frank and hon- orable than the manner in which Lord Glenelg, after reiterating the broad principles already laid down, and enforcing others 13 ^fi' i.!l I ! t li'l I 14G MINISTEUIAL RKSI'ONSIDILITY. [|^;: wliicli hi' llu)ii<^lil should jLjovcni llu^ fuiiiiiriul (|U('sti()iis, sub- luitli'dlo till' (It'iiiiiiul. The fivil list (iiu'sliun iriiiaiiKMl open !Ui(l iiM(l('i'idi'(l for leu years, and was only adjusted when the rel'orniers eanie into the administration, in Isls. 'I'lie (Jaxette had no sooner appeared whit;h contained the names of the new comicillors, than it was apparent, that His Majesty's d as to preserve all the old influences intact. It was im- possible to conceive of a body more antagonistic than it was to the feelings of a majority of the popular branch and ti) those of a great majority of the people. Fonr members of the Executive sat in the low(>r House, and two or three in the upper; 1)nt they acknowledged jio responsibility to the Commons. It is curi- ous to look back and recall tlu' crud(j ideas which prevailed at this period. On the 29th of January, — ]\rr. jNIortou i)Ut a question to tlic Hon. Mr. Uiiiacke, wlidlior lie could iiiforiu liiiii wlicii tlic LifiitciKUit Governor intciulcil to lay licfore the House the (lispatcln'- rcfciTCMl to by liini in his specrh al the ()[i('ning (if tlic scaid. tlial it was eerlainly eniilempliiled when tlie Iloil-e Avi'heil that -nine memhers dl'ihe popular hraneh -Iioidd Ite appointed to the Mxecailive Couneil. that they >Iiould a--iiine some deirpce nf I'e-poii- sildlitv. It wonld jrn'atlv facilitate the hn-iiness ot' the Leprehended the import of the quoslion of the honorahh' li'entleman from ('ornwalIi>, and he hoped he would allow liim to hcLT his pardon. Just at this moment, the Hon. Sir Eupert D. GeoriT'^ niiidc hi» ap|iearance before the bar of the House with the dis- patches already printeil ; the reading of which occupied the IIour«c till a late hour, and excited a very gen(.'ral interest. To the followiiif!^ conversation wo may trace the change, by vvliich comniunieations are now daily and honriv transmitted throngh members of (Government, standing in llieir i)laces, instead of being f:ent down at ran* intervals and delivered in writine: at the bar of the House : — 3 ;l IMr. Howe rose for the purpose of giving a practical illustration of the course he had reconnnended ye-terday to th(> notice of the; Executive Councillors, who Avere memlicrs of the house. Hitherto, whenever in- formation was required, they had been obligfMl to send away a commit- tee to (lovermnent House, thus withdrawing from deliberation a number of members every day. It Avould greatly simplify the machineiy of legislation, and sav(! much valuable time, if these gentlemen wonld be prepared to answer (luestions ])ut to them relative to the policy and intentions of Government; and to furnish returns, when refjuired, if there W •i,,|-;,!l ■ : II ^1 148 rolXT.S GAINKi). wnn i)olliii)<; itnpi'i)|ifi' ill lln- appliiMiioii ; :il the sainr liii)<' In- did not \vi>li lo iiiipoM- ii|M)ii tlii'iii any iiii|il<'a^:iiii. duly. il<> wdidd tlit'irlot'c call atloiitiiiii to a niiiiot luadi' liy llif lloii-c at its la^t x'.^-ioii, lor re- turns ot' the t'»c<, il' any, tak; ii liv Judiii's of the interior ronrl- Milt one jiid^r,. Iiinl turni-licd a it'tiiiii. lie wouM tlifrrlorc a-k ol' llic lionoralil*! nirnilicr li-oni Sydney wliiiln r In,' woidd sec tliat tin- olliers wcro sultniiilid. Hon. Air. I)(i(|d had no oltjei'iinn to lake lite same view of liir mailer us ilie lionoral)lo ;:;eiiilenian iVoni tiie eoinily of Halifax; lie adiuitlud tliat s(»me dejfree of i'e>|ion.-«iljilily should atiaeli to exeentivo <'oinieil- lurs. If lie should liiid any thin;;' in the oliie(.' ineoinpatilde willi iIk; duty he owed to the rights of ihi' people, he would feel Ixanid lo resign it. As to his heing il mere organ of eoininunieation ix'lweeii that housii and governmeiil, he eould M'e no oiijeelion, and would he [irepared to gi\c an answer with respect lo the niurns reipiin'tl al an early day. llonorahlu iMesM'i", Uniaeke, Huiii,:igion and Dewolf, e\pre.->ed sim- ilar opinions, hut eliaekled in their i'epre,-enlati\e capacity as helitre they were elevated to their pre.-ent hon- onible situation. Till' iiiL'iuber.s of tlii; Executive Council having assuiucd thi.s very iiiodcriite luuouiit of i-espoiisibility, the business of the ses- sioii procei'ded, until the Mlh of March, when Mr. Uniiicke, tho leader of the new govennnent in the Iowjt House, moved certain resolutions for granting a civil list in exchange for the casual and territorial revenues, when a curious illustration was gi\('n of the harmony existing in the new cabinet. Mr. Huntington, his colleague, who was the only member representing the })arlia- mentary majority taken into it, stoutly opposed the resolutions and moved others in amendment. Mw ITuntington's resohi- tions were carried; the i)roj>ositi()ns which had tlu; sanction of the e)ther eleven meml)ers of the governiuent being defeated. While this subject was under (h'l);ite, another singular instance occurred of the want of skill and knowledge by which colo- nial all'airs were at that time manag(d. It was announced that, by some informality, the two Councils, which had been conduct- ing public business for half a session, had ceased to exist ; and it was i)resently discovered that the newconmiission just issued to Lord Dunham as Governor General, had been framed with- out reference to the instructions issued to Sir Colin Campbell. t'! rOINTH CAINKD. ito Tlic ii!iinl)i'rs, even, did not correspond. Uy Tpointe(l in their steinl. Three ;^'entlenien culled up to the I'iNcentive. and live appointed to the rj<'i,'isl;itive, had to l)<> put aside. A hill was introdm-ed to le^^ali/e and c-onlirin the le<^islalive proceedings up to the time when they hiul been so suddenly suspended. When the new councillors were 1,'azetted, it, appeared that Mr. limit ini^'ton, the only liberal in the Executive, had been lel'i out, and that the Lei^'islative Council contained a paelced and determin(Ml majority hostile to responsible government mid to the ])oliey of the majority in the lower House. It was not to be expected that a ))olitieian :\n acute as ^Fr. Howe had shown himself to ])(>, would, with Lord CUtnielif's dis|)atches in his hand, cjdnily ac(piiesce in their (la- grant violation. In a speech delivered in the debate on the civil list, we find Mr. Howe deliniuij; with sonu; precision and au air of pardonable triumi)h, what had, up to that time, been gained: — The time has iiuw arrived, ^Ir. Speaker, when every member .>hoiilnlijee(. Tlie Ihm-e lia cussion as T find it, and will tronlde the House with a few remarks on th(! suhjcct in the shape which it has now assumed. The honorabli^ gentleman from Cape Breton, sir, has called attention to only one branch of these dispatches, and to that wc should now chiefly contine our obsci rations. In framing his propositions, and submitting them, I only regret that he ' m m lid ! i 'n:i ir ;i f^l 162 POINTS GAINED. I i I i Ui ! ' •* tcntion, but by pursuing the course which the Constitution and the law sanctioned. AVc also have the chiim of the Asscniblv, of the riijlit to control and a])i)i'opriate the whole of the public reveiuie arising in the Province, "frankly admitted by the Queen, in the comprehensive andspc- cillc form in which It has been preferred;" an admission nowhere, here- tofore, to by found on the journals of the House. A former olVer indeed might be found, but nowhere was the claim conceded as it is in the docu- ments now on our table. The crown land ollice also, of which much had been said, is handeil over to be dealt with as the Legislature may deem wise. These are imi)ortant advances, and such as may well claim more than a passing notice. It might be allowalde here to dwell for a momcni on the matters which are withheld, as well as on those wiiich arc concedeil, — to in(piire what answers are given to our rcipiests where our wishes have not been eomi)lied with, and to observe how the spirit of these dispatches has been carried out by tin; local goverinnent. 1 will not now, however, meddle with tlu'se things, but will confine my remarks to tiie financial poi'tion of these docuuKMits. Let us examine the ((uestion as il appears bi'fon^ the House. [Here ^Ir. Howe read the resolutions nutved by Mr. Uniacke.] The second resolution of the honorable gentleman goes fur- tlu-r than the Colonial Secretary's wishes; it pledges the House to pay, besides the .£8000 per annum, all the sums now chargeable on the civil list. [Mr. I'niacke. I think that Her ^Majesty's government wish us to grant the .CbOOO for Her ]M;ijesty's civil list, leaving us to meet other necessary servici!s.] That is an advance on the terms of the dispatch, and retains some expenses which evidently may be avoided. The hon- orable gentleman's whole scheme is founded on the supposition that the revenues will not be surrendered for one penny less than i'SOUO, and that all those salaries must be fixed permanently, which arc so stated. I am Inqipy, however, that the House is not embarrasse(l by supposing that this is an executive 0[)inion, tor we see another honorable member of Her ]\Iaje.-ty"s Ct)uncil leading up the oppo-ilionon the other side of the (piestioii. Tiiei'e is nothing in the dispateli, >ii\ to warrant the ap[n'elien- si(jn that we are tied down in lhi> manner. I-'rom the whoh; spirit of the connnunieation we may deduce that the (pte-tion is left broadly ojjen, to be dealt with here as an eidiLihtencd leirii-lature .-hould deal with such a sultject. In reierring to these communications, sir, I am happy to find the men who have done so much for the in.-titutioiis of (Jreat lii'itain. l)reathing into the Colonial Councils the .spirit of Uritons. Tlii< dispatch comes here, as the ministc'r would send a message to the Coimnons, ilot in the spirit of k POINTS GAINED. 153 (lirtation, l)u( informing us tluit the sovereign snrren(l(>rs her casual rev- enue, anil asks in return a just provision lor tlie public ollieers. As if it were said, You know (lie country, its revenues, and resources, and wants; take these revenues for the public service, and give a fair return to those who must be provided for by th(,' general goveriunent. I cannot but remark, sir, in this place, that the l\v~i of these dis[)atches which ar- rived was dated in Aj)ril last ; from that time it would appear that cer- tain i)ersons at this side of tlie water had pre-entiments of a[)proachiiig trouble, and the lime between that and the submission of the whole sub- ject was occupied in negotiations; in sending notes and memorials to and fro; in forming estimates, and in making protests against any reduction. I merely call attention to the fact, and will not tuin to the jiajxTs for proof; but certainly during the recess, while the members of tliis House were at their homes, while the House was politically dead, others, who v;cre likely to be affected, were not dead ; they were alive and wide awake, and very active in taking cari,' of themselves. Aceordingl}', wc find a scale submitted which did not originate witliLord Gli'uelg; on all tliat reall}' emanatcMl trom the other side of the Atlantic, broad i)rinei[iles are Im- pressed ; they arc n arked by candor, and frankness, and liberality, cred- itable to those who sent them, and honoraljle to those to whom they were addressed ; but in the skirmi.-h of little I'.oles and memoranda, it was ever}' man for himself, and heaven for us all. This scale, it a[)i)ears, is less ])y ,£1000 than some othm' scale sent home, and to which the Col- onial Secretary alli'des in one of the dispatches ; his keen eye saw at once through the system, and he said, No ; that is too mucli, I see that It is ; I, who Iiavc lived all my life in tills rich country, who never saw the bad roads and miseralde bridges, and the general [toverly of Xova Scotia, 1 see at a glance that the scale is too high, and what must it appear to those more intinuvtely informed of the circumstances of the Colony? I will therefore inform His Excellency the J^Ieutenant Governor, that I have omitted from the list of charges several that have been submitted. That is the way in which I read the noble Secretary's communications ; and, sir, as I read the resolutions of the honorable member for Cape Breton, they go to provide for those very charges omitted by the home government. I allude to the fact as a guide to the House, and as an evidence of the ditrerence of feeling between otriclals here and the home government. I deny, sir, that the (piestion is in any way fixed, either as regards gross amount, or particular sums, by the home government ; neither the spirit nor the language of the dispatches warrant such a con- clusion. One paragraph says: "It is not to them a matter of any serious .ili m m ■ t I -ill '■■1 JJ'VJJ n rr M I n 154 POINTS GAINED. concern, wliellior tlic smIhi'Ics to 1k' assirrncil in tlic civil list lie of rrrcfitor or le>s amount, iirovidcd only tiny arc siiflicii'iit for the maintenance of the ofllcers, in -wlio-o favor they are granleil. in that station of society to which they must belong. I am not only willing to admit, hut even anx- ious to assert, that in fixing the amount of oHicial salaries in lii'itish North America, great frugality should \)v. oI»s(M'ved. In countries re- cently settled, it is of moment that moderate and simple habits of domes- tic expt'udilure should p!Tvail.and siiould be r(vp(>cted ; nor is tiiere any exceiiliou to that rule which J >hoidd more strongly deprecate, than one which would enable, if not refpiire, olllcial men to distinguish themselves from other classes by a less strict economy, and a more costly style of life." Could any languagr more plainlj- intimate thsit the whole matter was to be fixed in this IL)us(>? The p(>rmanency of some salaries, and the adeipiacy of all for the individual ollicers, according to the society they moved in, seemed stii)idaled, and nothing el~e. The principle^ of economy, and the simplicity of American society, were fidly recognized by the noble Secretary; and I think, sir, that the passage to which I now allude, coming from such a source, is of the very highest imiiortancc to this country. Th(> })ractice has been to bolster up pretension>, and to supply so lavi>hly, that persons in ^{Rcc forgot that they were the ser- vnnts of the country, and almost imagined them-elves to be its nia-ters. Such a state now, however, is dcuounce(l ])y the Colonial Secrc^tary. and '• he does not shrink, even in the case of the Lieutenant Governor, from pursuing to th<'ir legitimate conseciueuccs th(^ priu('i[)le- to which he ad- verts." If the fiivt oflicer of tlie Province is thus subjccteil, shojild this House shrink fro.ii apidying the same riih^ to others ? The only stipu- lations are as I have stated, and the permanent provision for some ollicers seems to be considered of raon,' importance than the exact amounts of their salaries; it was thought Avisc iliat tluy-liould not depend ou annual votes, and should not be subjeclcd to tin; action of popular influence. "AVith regard," says my Lord (ilendg, "to the scale of salaries in the preceding list, I must repeat that 1 am not solicitous to sti[)ulate for any precise amount of remuncrali'ju for tin- various public ofrice,- to be in- cluded in the civil li>t. Iter ^Majesty will ex[>ecl, and iiuh'cd, strictly rcfpure, lliat no sucli oliicer ,-hould n'cnv dd "y increase o f h IS o fiicial enioliimeuls by an annual timated on any other princii)le they could not be accepted. If estiiuatcd on thai princi|)le. lln'v mu>t not bo rejected, even though the Assi'inldy should dltH'r from you in opinion as to the amount of the ,-uin which ougiil lo lie a-~igned for the entire sup- por tof my one or more of those )Hicer; POINTS GAINED. 155 Tlio Iionoralili' gentleman for Capi' I'rclon h:\< vcO ri'-d in what oo- curred in Cansula; avc know what lias occuiTcd llirir. I will not trace- back their (liHicMllics, bnt T cnnfi ;.s that their plan of voting salaries fuv half yearly or ye:»rly perioils, is one npon Avhieh I always (.lifi'ereil with the Assenihly of that Province, and which I wonld iii'ver wish to see estab- lish('(l here. I am willing to admit that it is riglit and proper that the g(jv- crnment in every Colony should have the executive and tin; judges ])er- manently provided for, and two other ollicers also, according to my views of the suliject — I mean the Provincial Secretaiy and the Attorney General. If a majority dilfer with me on lhe>e [joints, rather llia!i di- vide with those who may hav<3 given the sul)ject more consideration, perhaps I may be tempted to go further than my own opinions incline. Goveriun"nt should have al least one perniant'ntly paid [)ro-eculing (jlli- ccr in every colony, although I admit that the list of those who are to be indeixMident of the inlluence of the po[)ular branch sliould be as narrow as possilile. The moment that a considerable liody was madi' independent in a colony, they wei'e made its masters; in>teail of being accountable for their acts, they becanK,' as a distinct body, with feeling- and iiitere-^ts too often at variance with the mass of the peoph.'. The subject l)efore the House is one of coimnanding interest. We have arrived at a ])oint in the history of Xova Scotia, of vast importance, not only to ourselves as the representatives of the conntr}-, but to those whom we represent — the people of this Colony who have sent us here. AVe art; about to make a wise appropriation of the pulilic money, or are .about to lock U[) the funds of the Province unneces.-arily, in a manner w hich would make them inaccessible for generations to come. I am somewhat disposed, sir — weary with these discussions, and anxious to settle this (piestiou — to go further, for pre.-ent incumbents, at all events, than perhaps my cool judgment would dictate. f:*'jme have intimated that there is a di:-po-i- ti'' to evade the settlement, and to accomplish nothing this session. I solemnly declare 'lat I consider members — as honest men, as Nova Scotians, as liritish subjects — bound to Ijring the matter to an ami- cable close, if it can [)os>ibly be done without improper sacrifice-. INIy indivi position, that for every hundred pounds saved, and applied to internal impi'ovement, yo>i fix on the surface of the soil consumers of British manufacliires, — ami thus 3ranche-ter and Bir- mingham have a direct interest in iheeeononu' of a distant Colony. Let us turn for a moment to the opposite side of the (piestion, and see how such matters have been hitherto maiiiigc'd. It is not necessary that I should revert to the natural growth of extravagance in every new coun- try: as a matter of course, in a Colony, at its first settlement, ofTicial men possess all the mtluencc of the country. From the lirst settlement of these countries almost down to the present period, those who had a personal interest in a system of extravagance possessed all the influence, and did as they pleased. That inlluence diffused itse^ ' over every de- partment; it was prominent, perhaps, in both branches of the Legisla- ture — at all events, in one. This has led to extravagance in every Colony, and we can easily trace its efFects in Xova Scotia. A bill passed the other day, reducing the judicatory, and striking off, as I reckon it, £1G97 a year. [."\Ir. Huntington. This is not to be accomidished during the lives of the parties.] I admit that the money is not to be saved inuuediately, but the bill is an expression of the oiiinion of this Assembly, that we have been all along paying two judges more than was re(iuired, and that the amount of contemplated saving has been hitherto wasted. In addition to this, we were until recently paying an- other £100 a year to an associate judge. "Wt' were then, from a variety of causes, which operate in all the Culonies, paying for a number of years about £2000 a year more than our wants recpiircd for the support of the judicatory. That is the position I assume, and, taking a period of ten years, wo have wasted in this manner, upon that branch alone of the POINTS GAINED. 157 m If. public ?prvico, £20,000. Anotlicr item wliieh may illustrate the system which has grown up here, is the customs cstahlishmeut. Gentlemen may suppose that there is no use in adverting to this now, hut I think it necessary to do so, that a general conehision may be reached. Fixing for every ofTicer employed a fair and liberal remuneration, I can show that this service should not execed £G000 a year. We have been pay- ing £10,000; in this branch, therefore, for a period of ten years, a r>um of £ 10,000 has l)een wast(.'d. Another department of unnecessary ex- pense is suggested l)y this : last session attention had been called to the pi'opriely of blending the duties of the excise and custom house. Dur- ing the recess inrpiiries had been made, and although the committee could not act ofTicially. on account of a construction of Tlis Excellency that their powers ceased at the prorogation, yet some information was the result of their apjiointmcnt. Communications had been made with the departments : the collector of excise stated as his opinion, that the duties of his office might be blended with the customs or treasury, and that he Avas prepared to accede to any such arrangement. Respecting the customs, the head of the department considered himself bound, on account of his relation with the home government, to decline entertain- ing the proposition. Men of business with whom I have advised on the subject, universally stated that the business of boiit little to do witli the day's di-cussion, but they should turn their attention to the whole sy-tein. that their minds might be pre- pared for what they were about to do, and for other matters Avhich re- mained to be performed. Enumerating these services, — the secretary's office, the registry office, and the crown land office, — and stating the ex- pense of all at a liberal rate, on a higher scale than they need be, the conclusion which I arrive at is this ; that in ten years, in various de- partments, we have wasted, by extravagant expenditure, no less than 14 ll iM'l i.il 1,1 !ir |.l^: !»i ' i B i T m 158 POINTS GAINED. £83,000. TliH wa:* not wasted, indeed, in tlio same degree as if it was thrown into the sea, heeause nuieii of it had }^ono into general eircuhi- tion; hut, as regards purposes of public improvement, reduction of pub- lic debt, encouragement of commerce or manufactures, that £83,000 1 contend has been decidedly wasted. The House must say to-day whether this system should continue. The question was not merely how the matter before the House should be disposed of, but whetiier that system should continue. I have not prep.ired a proi)osition touching the civil list; I do not j)retenil to guide membei's in the matter. I refrained from taking an active part yesterday, because I knew that if the Assembly came to con- clusions which wt)uUl prove unacceptable, if dilliculties occurred while I took an active part, thai would be given as the cause, and I would be charged with making the disagreement, which I wish to prevent. 1 ■waited i)atiently, and listened attentively, until members all round, who •well knew the resources, and wants, and wishes of the country, had ex- pressed their opinions, and 1 did not oppose their views, although I may ditl'er with them on some of the iletails of this arrangement. 1 look on the country members generally as examining this question in the spirit which has been breathed into them by their constituency, and by the situation of the various parts from which they came. I, who have resided in the capital, know some expenses incidental to public situations, and which would be forced on men holding the lirst rank in society. So cir- cumstanced, I may dilfer with gentlemen on some points ; I may think that larger renmneration is requireil than what others consider ample ; but I feel that members of the House generally are acting in the 25roper spirit, and are a})proaching this question with manly independence, and have expressed broadly anil strongly their unintluenced views of what the arrangement should be. 1 have not attempted to inllucncc opinion on this matter, and it is but rarely that I speak out of this House on subjects which demand attention here. The better way, perhaps, at this time, would be for each member to submit his own scale of the proposed civil list, and develop his own views of the whole subject ; but I felt that it might not be right for me to attempt to lead oa this occasion, but to state broadly my opinions of the principles which should govern our decision, and then leave it to members to decide as they think best. The propositions of the honorable gentleman for Cape Breton I am opposed to, and I believe that they will not carry a majority in this House. [Mr. Uuiacke. They are not before the House at all ; they have been negatived.] Respecting the lust resolution of the honorable gentleman from Yarmouth, it would be well, on it, for the House to de- POINTS GAINED, 159 cidc what their intention really is. As to the sums proposed, I say, rather tiian have this h'ft open year after year, I wouKl make some sacriliees beyond what miffht be considered merely snllicient ; others may be disposed not to make any eom])romis(> or concession from what they think right. We slioiild bear in mind that in lliesi; matters wc have to deal with the enlarged views of gentlemen in the mother coun- try, who can scarcely place ihemselves, even in imagination, in our circum- stances, although, by the dispatches, liord Glenelg seems to have done so. AV^e have to deal with minds aceiislomed to the alliiirs of a nation of vast wealth, to institutions of great splendor, to extravagant emolu- ments, and so situated, from habits and circumstances, that they can hardly narrow their views so as to be fit to deal with a colony like Nova Scotia; as the astronomer, accustomed to scan worlds rolling in illimit- able space, cannot contract his vision to notice the petty things of earth. The Colonial Secretary seems to have thrown oil" many of these preju- dices, and I trust that he will remain where he is until this question is finally settled ; but members should not be alarmed by any anticipations of great changes in the policy at home, or by fears that the Colonial of- fice may recede from its present proposition. One of the delegates from New r>runswiek, Mr. Crane, stated in tlu; Assembly, respecting his mis- sion, that no matter who came into oiRce, even if Lord JNIelbourne changed with Sir Robert Peel, the princii)le once sanctioned with re- spect to their civil list would be fully recognized, and no material diflei'- ence in dealing with the subject would be experienced. No matter who might succeed Lord Glenelg, the House might rest assured that any reasonable proposition of theirs would be accepted in lieu of these reve- nues. Another view of this subject demanded some attention. It might be said that the House should deal with the public oflicers as if they had a right to the full amount of their present emoluments. " Vested rights," I admit, should be fairly dealt with; but every man who accepts a situation, does so under the implied condition, that if the circumstances of the country should call on government to make economical changes, his vested rights shall give way to a certain extent. The country era- ploys persons, and should pay them such adequate salaries as the Legis- lature should determine. I am not disposed to deal with them narrowly, but, in fixing the scale, we should not only take into account those who have too much at present, but those who are entitled and called on to associate with them, and to whom great injustice will be done if the emoluments of persons' in the same rank are put too high. To fix two or three so high that they can afford to live extravagantly, and far beyond the means of most others, I consider to be a great social evil. i; 'W R ^^'r: P ," i) ■. ■ : r f : 1 "l rl : '' ! I;l ' 5 Hi; I-' M IGO POINTS GAINED. You pl.'ioo tlifm ill llio nii(l-t (»(" ilnxc who cannot conipofo with thoni, and make them causes of luorlilicaliDii, or of ruinous [)rttciisioii. This view hliould not bo lo!, they got nuieli more in return than we can g<'f. The lumbering trade made the control of the crown lands of great conse(pienco, not only as a source of revenue, but for pur- poses of regulation respecting the trade and commerce of the Province. That was one reason why a conclusion there had been so readily arrived at. I do not say, sir, that we should not act justly and liberally in this matter, because the mother country has not so much to give us, but only argue that there is no close analogy between the cases, lioside iIk; ad- vantages already mentioned. New Erimswick receives £170,000 in money by the arrangement. The very interest of this sum nearly amounts to that given for the civil list, or at least would meet a largo part of it. Hero wo have a dt-bt of .£120,000 ; there they owe nothing, and receive £170,000 in hand. These views should be borne in mind, if any argument wore to be drawn from the sister Province. I do not, however, intimate that because tlu; bargain is not so good our proposi- tion should not be reason, .l)le, and that we should not meet tho home government half way. If not one sixpence were to be gained in return, we should meet the question ami endeavor to arrange it, and should not view it as a mere "bargain," a^i it has been termed by the learned member from Queens. "We should not wish to degrade the sovereign, regarding it in that light, or assuming that she intends to chaflfor for any improper advantage. The sovereign comes in a dignified manner and POINTS GAINED. 101 asks for an allowanco for fho olTloors of tlio Colony, oflforlMf^ those rcvc- nuos in rftiirn, iuul wa sluill host ixTform our »liity \ty inccling the 8ul.j*'('t boMly, antl making a nnisonaI)h! allowaniuj for every essential sorviee, iieeorilinp; to tlie eircuinstaiu'es of the country wliosc Ununcc:) wc nro bound ourefully to superintend. It has been intitnat(!d that if we do not agree to tlio terms |)ro|iosed, we shall put ourselves in the position of the monareh who refused the Sybil's leaves ; and we are told to take the book, th(! whole book, and nothing but the book — to give the pound of llesh, or that nothing else will sulfu'e. I do not view the sovereign under that aspeet, and 1 only understand I)y the proposal that we are called on to make a reasona- ble fullilment of the contract. When the honorable gentleman from Cape lU'cton threatens the penally rcspeeling thc-e Sybil's leaves, I remind him that those Sybils of classic times soM their l)ooks, because they were willing to sell any thing for money, and that tluy were gen- erally under the control of the aristocracy where their altars were erected. T am happy to see that the example is not coiitiniied ; there have b(.'en Sybils, or old hags, in Downing street, who Ihonglit them- selves witches when they tlid not deipt'nt1in;» cImii-'i', I»iit if iiItt'ratioiH ami rcdiiclioiH nro iiiiidi' II siispciuliii;; cliiii-ii' mii>l In- allaclii'il hi'liirc a-*»<'iit can I»i' ;.nvt'H. I sinccri'ly li()|i<>, sir, tlial llii-* irii|iortaiit <|iicsti(iii may lie liiially aixl >at- islaclorily arran^^ctl at this silting; of tin- li(>;,'islatiin«, aiiy had Tiord (llenelg's authority), and only consented to convey to the liieiitenant (iovernor the wishes of the Assembly without admitting any obligation to cnforc(! them by their advice, 'I'he following address was pro- posed as the rernjHly for this state of things, and after two days debate was iinally adopted : — We, Your ^lajcsty's dutiful and loyal suhjocts, tlio representatives of tlic I'rovince of Nova Sootia, ti'uder to Your ^Majesty oiu' unlV'ii^ned acknowledj^ment? for the graeiouHt consideration bestowed on the lunnldo address to the ennvn passed at the last session of th(! Genfral Assem- bly. That our late lamented sovereign should have assured us tliat "the pjreater part of the measures " suggested in that address '' were conducive alik«! to the honor of his crown, and the welfare of His IMajesty's faithful subjects inhabiting this part of Ilis Majesty's domin- ions," deepens the fteling of regret for his loss, and respect for his mem- ory, whicli pervades the population of Nova Scotia. That our gracious Queen .-liould have couilnned the liberal views of the late sovereign, that she shoulil have siirn;\lized the commencement of her reij'n by ex- pressions of conlidence in this Assemldy, and the announcement of a determination to redress the grievances of which it complaine cxtfiit, tlu' princiiiliM inaiiitaiiu' 1 in ilii-dis- patclu'-* of Lord (JlcncI;; of tin' ;{<>tli April, <'iili .July, ami .lUt OcIhIkt, IH.'IT, ami to (piict all (pio^tioiH, tin' runliiiiial a;.'ilatiiiit ol' wliirli lia^s a •■ mlfiicy to ilistiirli lliis Colony, ami oxcilt' ili~>ati«l"ai'tioii willi tlio loral ami distrust of tlui vIcwh unh('s ot' this Assembly, nnSuch being the gracious intentions of Your Majesty — intentions Avhieh, if once fairly carried out, would tbrever remove from the I'rovince those jealousies that the apparent preference given by the local government to one class of Chris- tians over all others, is but too well calculated to inspire — your loyal subjects observe with surprise and regret, that in the new Executive Council, as lately remodelled, five of the nine gentlemen of which it is composed are members of the Church of England, and that eight, out of t^mm ' ii '.r'T l;*.fljii |1' ;i.iif i l;f' 11 164 ADDRESS TO THE OROWN. ' i ■i- : ;i II '"l ! i. % i ' ' i i. the fiftoon who form the LogishUivc Council, arc also members of that church, Ilis Lordship the Bishop bf'ing one. Though fully appreciating the delicate and difficult nature of the task, which, in th<> arrangement of these two bodies, devolved on Your Maj- esty's representative in ibis Province, and which was heightened by the obligation to consult the feelings and admit the claims of many members of the former Council, this Assembly humbly conceive that this unwise distinction, by wliich a Clear majority is still given, in both Councils, to one body of Christians, embracing but a fifth of our population, is as justly ol)i<'ctional)le no\v, as the former arrangement, based upon the same policy, was in 1837. In some other respects, it appears to this Assembly that the wise directions of Your Majesty have been overlooked. The dispatch of the 30lh of April contemplates a fiiir representation in the Councils of " all the {>reat interests of the I'nnince ; and the appointment of persons connected not merely with the capital, but with the other principal towns, and with the rural districts." The composition of the Legislative Council shows that more than one-half the members still reside in the town of Halifax ; that while the legal profession sends six members out of fifteen, tiie agricultural interest, that which in this, as in most other countries, lies at the foundation of all others, and embraces the greatest amount of population, ])roperty, and general intelligence, sends but two. Had such a di-i)ro[)ortioii been Ibrced on the local government by any regard to the peculiar claims of former Councillors, or any palpable necessity growing out (jf the circumstances of the country, the represent- atives of the people might have seen less reason to comj^lain ; but they would be wanting in their duty to Your Majesty, if they did not frankly declare, that in this, as in other respects, the gracious intentions of the crown do not appear to have i)een fulfilled. The desire of Your Majesty " to entrust the 'uties attached to members of the respective Councils, to gentlenifu entitled to the confidence of the great body of the inhabi- tai:ts," would seem to have given i)lace to influences in the Colony, politi- cal or rciiLiiuus, against which the representatives of the peojjle have often had to contend, liut, without dwelling on what appears to this Assembly a marked departure from the spirit, if not the letter of the dispatches submitted to us by Your jMajesty's command, we owe it to our sovereign — to the desire for mutual confidence between Her Ma- jesty and her loyal subjects in this Province — humldy to declare, that, wdiile in both Couneils, as at [iresent constituted, there are members who are friendly to a liiieral policy, the majority are known to be unfavora- ble to many of those reforms which the people of this Province anxiously desire in their histitutions. ADDRESS TO THE CROWN. 1G5 In approaching those financial questions, in the final arrangement of which we feel a deep interest, from the iniiiorlant bearing tliey liave on the peacefiil development of our rcjsourees, and the i)reservation of those ''moderate and .simple habits," wliich, in a young country, are the best guarantic:? for public virtue and i)rivate happiness, — tlii.s Assembly are embarrassed by tht; dllliculty of conveying to their sovereign an adequate conception of tlie weight attached Ity their constitueiiis to a wise and satisfactory ap[)licatiun of thcj.-e principles of economy, an- nounced by Your Majesty in the dis[)atch of the 01st of Ocliiber, from the nol)le Secretary of State. Tlic natural tendencies of a colonial government favor the growth of a pernicious system of olhcial extrava- gance. In the early history of a Colony its public olhcers receive tlieir appointments from, and have their emoluments fixed by [lalnm^ in the metropolitan state — often but ill informed as to the labor reipiired, or the slender resources aflbrded by the Province into which they are sent. Wlien a Legislature is conceded, for a series of years it is influenced or controlled by those who ought to be subjected to its autliority, Ijiit who surrounding the Executive, and dispensing its j^atronagc; — occujjying the seats of one branch, and tlirougli tlieir friends and di'peudents, stimulating to extravagance, or neutralizing the efibrts of the other — often denounce as disloy;d evei-y effort of thos(' who si.'.'k to enforce economy and popular control; and weaken the atlaehment of the peo[)le, by mak- ing the sovereign's name and delegated authority, the sanction for every abuse. Nova Scotia has had her share of tliese evils ; she has them now; but her representatives hail with satisfaction the assurance given by Your Majesty that they shall exist no longer ; that while Your Majesty graciously admits the right of this Assembly to '• control and appropriate the whole public revenue arising in the I'rovince," Your Majesty, in the spirit of that Constitution which guards alike the prerog- ative of the Crown and the property of the humblest of its subjects, also recognizes it as our privilege and duty to fix the amount of remuneration which every public officer maintained from those revenues should receive. With a view to a permanent settlement of the civil list, and transfer of the crown revenues, a bill was passed by tlni House in this session, granting to the preserit Lieutenant Governor, during his continuance in office, the amount which he now receives ; and for his successor the sum of £2000 sterling per annum ; to the j)resent Chief Justice a larger amount than is now borne upon those revenues ; and to the I'uisne Judges permanent salaries somewhat higher than those to which they arc now by law entitled. These salaries, the representatives of the peo- t.'l '.'.' . J 16G ADDRESS TO THE CROWN. 11. ' I* pie believe to be adequate to maintain the dij^nity ami independence of the Judiciary ; to attract to the bench the hijriiest order of the Icjral tal- ent which the Colony aflbrds, and to provide for the .stated and tirni administration of justice in every county. Your Majesty will perceive tiial the; ])rovisions of this Itill differ from the scale submitted by the noble Secretary of State for the Colonies, to this extent ; that his Lordship contemplates an abandonment by the Chief Justice of the fees taken by himself and the other judges, and which the Connnons of Nova Scotia have repeatedly endeavored to abolish. Having declared them to be unconstitutional and illegal, they cannot recognize any right in the judges, fotmded on the mere fact of their rc- eeption. In making a small addition, therefore, to their salaries, the House was governed l»y a desire that their remuneration shoidd be adequate to the responsibilities of their stations; in declining further to increase the salary of the Chief Justice, they felt that it was already ample, — higher (ban they were justified in giving to his successor in office, — and above M-hat the state of society and the resources of Nova Scotia wouM warrant. The Assembly, though they have ventured to differ with Your IMajesty's government as to the amoimt to be paid to some of those oflicers, readily concur in the wisdom of provitling for their support by a permanent enactment. They re])udiatc the claim, set up elsewhere, that even the highest public functionaries, in a colony, should de))end upon annual or semi-annual votes of the pojtular branch. Aa British subjects, tlu^y are anxious that the representative of their sovereign should be maintained in a position of dignillcd independence, and that those who are to administer the laws, and guard the justice of the coimtry, should be luibiassed by pecuniary considerations. In reviewing the salaries of th(! I'rovincial Secretary, and of the crown oflicers, the Assembly have not considered that the necessity for making these permanent was the same. TIk; jtractice is not sanctioned by that of the mother country ; and, although the duties to be discharged by those officers ar(? of the highest iin])ortance, the Assembly conceive that like others who have been liberally provided for in the anniial apjiropriations, andwho^e emoluments once tixc(l ;ir<' rarely diminished, they may safely be confided to the justice and lilierality of the n presentative bran<'h. In considering the salary of the Secretary, the House has acted on the deliberate conviction that it is, and has been for many years, far too high. That officer also holds the situation of Registrar of Deeds ; and besides the very large amount received in Ilalifiix, shares the registra- tion fees with all the deputies throughout the IVovince. If left in the full possession of hia- present emoluments, he will be in the receipt of a a r( hi f '4 i; 1 [ ADDRESS TO THE CROWN. 167 I •/ 1 1 sum not far sliort of that offered fov tlie fiidire salary of the Lieutenant Governor ; and this House humbly conceive that a sy.ut, as thev have ventured to dilfer from some of the views exhibited by the Colonial Secretarv, as to the amount of some salaries, and the permanence of others, they deem it right to ac(piaint Your Majesty; that, besides the ofiicers nam(>d and the amount included in the sum proposed to be granted as a civil list, the Province pays, under per- manent laws, a ^Master of the Kolls and four other judgi's, at an annual cost of i!21")0 currency; and that out of a gross receipt of i!C0,()O0, including the crown n.'venues proposed to be surrendered, and all the taxes collected under Imperial ami Provincial Acts, there will be, on the passage of such a law as this Assemljly propose, no less a sum than £00,<)0(> permaiunuly ai)[)ro[)riated for ihe support of the Provincial Government ; while the sums included in the Annual Appropriation Act, for indisi)en,-able public service.^, amounting to neai'ly £1.'j,00<>, leave only Xl."),nOO ut the disposal ol' tli(.' Assembly, to be applied to tlie rcjiair of roads and bridges and the internal improvement of the country. 'Hiis frank exposition of the state of the Province, its revenues, mul expendi- tures, we trust, will convince Your IMajesty that in somewhat reducing the scale fixed by Lord Glenelg, the representatives of the people have acted with a due regard to the interests intrusted to their care; and that, in hesitating to add to the already large amount of permunent salaries, I. 'I ' ! ' 'I ,1 i i f i \ 1 \. \ \i s. r 1G8 ADDRESS TO THE CROWN. they Iiavo but iinitntcd llio example of tlio Iinperlal rarliameiit, wliieli, while it |irovi»les (hiring the life of the sovereign a permanent eivil list, by iiarrowinir as much as possiljlc the range of t;iieh appro[)riation?, wisely subjects every departinent to some degree of popular inlhiencc and control. Among the evils Avhich have grown up, from the causes already referred to as ojterating to a certain extent in (n'cry Colony, there is none which has more heavily burthened the industry of the peoidc of Nova Scotia, than the mode of collecting th(> duties levied under the Impei-ial and Trovincial Slat ales. Tlie duties received I»y the Colonial revenue department heic, are, like llie duties collected under Acts of Parliament, laid exclusively on imports. One set of officers, the Assembly conceive, would tlicrefon; be sufricieiit to collect the whole; and tliey can si'e no reason why. if Your iNIajesty's government Avould sanctidu the arrangement, nearly llu whole expense of maintaining one of these departments might imt be i'eirench(Ml. The cost of the Colonial revenue olhce, in th(> port of Halifax alone, amounts to about £1000; £1200 of whi<'h might be saved by adding one clerk to the Customs and one to the Treasury, with two extra tide-waiters. The i)rincij)al ollicers of the Customs do not feel lliem-elve-; at liberty to entertain any such proposition, without the assent of the Lords of the Treasury at home; and we have, therefore, humbly to re([uest, that such directions may be given in this behalf, as may authorize the Assembly to pass an Act for so desirable and useful an object. It is also incumbent upon us to cull the attention of Your ^lajest}' to the jji-cppi-iety of sanctii a prospective reduction of the expenses of the Customs Di.'partment in this Province. Prior to 1820, the oflicers were rennuieraled by fi'cs. ;md when a scahi of permanent salaries was aislent Avitli the resoiu'ces of the Colony w'ouM deprive them of too large a portion of what they h.ad been ac- customed lo receive. Tho whole expense of this department has, since 1820, exceeded the enorni(ii< sum of t'lO.ooi^ currency per annum. Its duties would as elliciently lie pei-formeil, in addition to the collection of the Colonial I'evenue. liir about XOOllO; ;uid it is a soiu'ce of deep regret to this Assembly and their constituent-; that, in these branches of the public service, beside- the i'2ri.000 which was fi-eely conceded by the Act (.f 1S20, a sum not le-^s than I'lO.OOO has been wasted within the last ten years, which a system of judicious economy might easily have saved. "Without attempting to intert'ere, therefore, with the emoluments of the present ollicers, or seeking to dimini-Ii their incomes, this House I'' ;:j.!I ADDRESS TO THE CliOU'N. 1G9 ills stronirly rccomiiK'nd tliat the sciilc of sjilaric-; f^ir tnliiiv iiicnmlx'ul^; shoulil bo rt>vi>(Hl ; witli a v'u'W to such a rcdiiclion a>, wliilc it will ain])ly maintain tin' cstablislinifnt, and secure obedience to Acts of Tai'liaiuent, and tlie enforcement of the provisions of Provincial statutes, will not consume so lar;j;(> a ])ortion of the public revenue nor excite dissatisfac- tion and complaint amoni^ the jjcople, I'rom whoso industry til" taxes, both Imperial and Provincial, are raised. Tlw.'re is another topic which the AssO^nbly are desirous of urging on the atleulioii of Your ^lajesty, as allecting the conuaercial intorosts and prosperity of thi.^ I'rovince in the hiirliest deirree. The gradual exten- sion of th(^ principle of Free Trade to the Colonies, since the Imperial Act of 1try of theii- constituents and tha' of any other nation. They are sati^licd ihat obedience to the Acts of the Imperial I'arliamei.i may be. sulllciontly enforcec! l)y th(^ present oflicer.s of the customs, or by others whom the fiuid- already a.-->. aed for that service will amply renuuiei'ale, and eai-ne-tly liopt' that Your JNIajosty's government will yield to the repeated repre-entations of the Assembly of Xova Scotia, and jiirmit every port, where a cu.-Iom-houso ollicer i.i -iatioued, to enjoy the privileges of a I'ree port. Ill concluding this addn/ss, the Assemldy are bound lo acknowledge tlie aid which they at all time-; receive tVoin lli< KxcelhMicy the Lieu- tenant Governor in the [U'o-ecution of mea-ure-; intended for the general ,'n)od. ]\rosl of the evils of which thev complain have arisen from causes that exi^ted before ll's I'^xcelleiicy caiiK^ lo the Colony, and it would be expecting too much to re(|uire that they should be removed in a single year, under the ino>t impartial administration. This luUli'css was sharply coiiiiueulcd on by Sir Colin Camp- bell, ill a closinej speech, wliieh may be read now us a curiosity of political literature. No ifovernor, surrounded by a responsi- ble ministry, lias ever imitated the style of those siniifular documents, at that period itnfortuiiatcly too common, in which 15 i : I:';! V H lii 170 CANADIAN AFFAIRS. ' ■11 the Queen's roprosonlatives llinist llicnir^clvos iiilo the fore- ground to shelter their advisers, ;ind hector the Parliaments which they had not the skiU or inlhienci" to controL The allairs of Canada engarican sympathizers and fdlibusters still continued along the frojitier lines. 'Nothing could l)e better than the spirit evinced r.! this period in all the lower Provinces. The attempt to comu'cj the Nova Scotia reformers with treason and rebellion, had been defeated by the publication of I\Ir. Howe's letter to ]Mr. Chapman, which, when republished in England, elicited the higlu'st conunendation from the London })ress.* Meetings to express loyalty to tiu; sovereign and a determina- tion to maintain the integrity of tin; empire, were held in all parts of this Province, and everywhere mianimity and good feeling prevailed. The leading reformers of Nova Scotia had, at this })eriod, a delicate duty lo perform. Up to a certain pe- riod they believed that tlu^ Parliamentary majorities in both the Canadian Provinces had been in the right, struggling, as they were struggling, for the redress of grievances indigenous to the old Colonial system, and for the establishment of executive re- sponsibility, without which there mu. . always be danger of deep-rooted discontent and hostile collisions. The minorities in all the Provinces naturally desired to make j)olitical capital out of these absurd insurrections. It was clearly the interest of the majorities, as it certainly was the duty of statesmen, everywhere, to pluck the ilowi-r safety out of the nettle danger — to define and preserve what they approved, while eondenming what they disapproved ; to guard Iler JNIajcsty's government from the fatal error of attempting to perpetuate a system which had already produced such dejjlorable results, and which ex])e- rience had show'u to be untenable. Of this duty I\Ir. IIowc discharged himself in a sj)ecch d(;livcrcd by him on the IGth of April, and which, as our object is to preserve his sentiments on all sorts of f^ubjects, we have extracted as it stands in the reports. The Constitutional Association of Montreal had sent * See article from the Londou Morning C ironicle. Appendix. n CANADIAN AFFATHS. 171 nil !u l(lr(«, but besides these, nearly all of the ollicial men of the city were members; those who ojtposed every attempt at political improvemcMit, every measure likely to promote the general satisfaction, and whose object was to support that exclusiveness and ascendency which liad done so much evil. Men such as these had for years misled the British government ; to bolster up high salaries and political ascendency in all the Colonies, they had made themselves active in supplying false information to a government which, of itself, was always disposed to do justice. He wonl 5 .4 172 CANAni.W AFFAinS. 1 % ^ ■'V: :|: ; . 1 ifLHi sufTicifMit to fst;ililMi ;i ptvcrmuciit ms j.'"'"! Ji-^ ll'.'it wliii'li tlu'y ciulo.iv- orcil (() ovcrilii'ow. lie mitilit lie cliai-i,'!!! willi ludiliiig pt'culiiir opiniona on govcriiiuciil, l)ut il' lie I'l It iiiiicli more ravoraltli! to ilic repiililican form tli.'iii lie (lid, lie wdiiM not :itlem|it to eslahlisli it in any J'l'ovincc ■\vhere the body of tlie |ie(i|ile were uneducati'il. It liad been tried in {\io. poiilliern ])art-i of America, and tlii^ result was disastroii-: ; contest after ennle-t oceui'i-ed. one tyrant ro-;e ii[) to dls[(laee anotliei", and to be pet asidi' liiniself by .-onie adventni'er as reckless and more powei-ftil ; — a political chaos, ruinons to all imi)i'ovenient, overspread tlie land. For tliesc reasons li(> felt, that when any portion of the Canadian I'apineaii party put themselves in arms again-^t the government, they did what was absurd and ridiculous as well as mischievous, — wliat was destructive lo their own constitutional power, and what, if successfid, could not produce any thii\g that would compensate for the evils by which it would inevita- bly be j)r':'edi'd. He would o|>enlyand broadly iivow, that that rebellion was impoli'ic, unju-.tillable, and cruel, both as regarded iIk; party making the attempt, and the mother countiy whose yoke was attempted to be cast ofT. The House was now asked by the Montreal Association to ex- press an oj)inion on the subject, but it shoidd not be an opinion which that party could construe into a sanction of their views anIde the beneficence of the British government, and to keep up a slate which was acknowledged lo be rife with abuses — did not exist yet ? And would that House encourage such a spirit ? AVliat was the language of that party immediatt'ly after the breaking out of the rebellion ? That men whose strong feelings had brought them into guilty participation, should be hanged without the ordinary process of law ; that CANADIAN AFFAIRS. 173 liat siiinmary v('njr<^anro should he iullicfcd, and that men slioiild not 1)0 /(arly extinct in CJreat ISrilain ; an out- and-out tory was only to he I'ound in the Colonies. The pro;^ress ot' the national mind at home had there ameliorated the opini«ms of all, and the groat experiments which had been tried, had, in u prcat degree, hrokon down the prejudices which formerly were so distinctly marked. Now, it might he said, there wi're oidy two jtarties in that country ; — one. wiiidi acknowledged that relbrms were necessary and should be pressed, and the other, desirous of pushing those relltrms too hastily or too far. In the Canadas, as in all the other C<»Ionies, more or less, there was a party which had been reared into a sort of oilicial aristocracy, and which at- tempted to bully the IJritish government when they fouml it inclined to do justice. What course had that jiarty in Lower Canada pursueil for the last three months? They attacked Lord Closford with unme!i>ured abuse, because his policy was that of justice and conciliation, ami they endeavored to goad him into acts of imprudence and oppression. When the Provincial publications ti'cmed with such tirades, it might be «'X- pected that they would have some i-fVcct on th(! mother country ; but he [IMr. Howe] read IJritish opinions with j)ride and [ihnisure. Are states- men of any party there found urging extreme measures? (Jiiito the contrary. In the houses of Parliament almost every speaker evinced magnanimity, and spoke; in favor of mercy ; and from the; l)ukt> of Wel- lington down to the lowest link of that great chain of conservatism, not a man uttered o|Mnions wliich. lor harshness, could bo compared for a moment with the expressions of the Colonial tories ; on the othijr side, everywhere the doctrines of the Constitution were laid down, the right of stopping the supplies was upheld, and even those rebels wen> allowed to appear by counsel in the bodies of the houses of Parliament, there to state their opinions, to vindicate their acts, and to appeal to Ilritish jus- tice and magnanimity. That was the spirit which r)iitons evinced on this subject ; a spirit worthy of a great country, and very ditl'erent from the spirit of the Constitutional Association of Montreal, who, by tii(! .ad- dress before the House, sought to lind a means of sheltering themselves from blame in the answers of the Colonial Assemblies. Some might say that the Canadians received all that they should have expected ; and he admitted that liberal concessions hail been made, and that the Canadian party should have given the government time to carry 15* til II It- ifn i:^u!, 174 (ANAIUAN AFFAIIW. i (»m( tlicir nicnsmv-!. It .-lumlil In.- linrii'' in iiiiiul, liowcxcr, tli;it up lo Is-Js tlicy wen- ri,LjIit, ninl lluit llicy Iiiihnidd hear in mind that i1h> l'"n'ni'hnu'n of Lower Canada wei'e lii^Iit i.Imo.st up Id llie lime that liny lurned out with arm> in theii- liand<. A dis- tiuj:iii,»hiug trait in the French character >houId he here nuliccd. l''renc)i- meii seemed tu hav<' no idea ot accompli^hinu' L'i'cal chamics without tla niiplicatioii of phy-ical I'oi'ce. Thi- wa- oli-crvalde in thr l''reiich revn- luiions ill various times. A I''renchniau thiidv- that iiolhinu; can he doiii! until he fires olV his mu-ket. Thry felt that they sprun;:; from a jiallan. nation, and looked upon the re-orl to arms as the natural rcMill of ; political eontost. 'J'his characleri-tic iiUefpi'ctcd m;iny scenes in ih'; Canadian rehcllion. Kn,uli>limeii nn. lei- -imilar circiim-laiici> would not think of recouuuendini,' smniifu'lin:^ as a luodi' of crippling tiir nveni.e; they would not thiidi of tuinini^out to piihlic mectiiiLrs with arms in their liands. I'p to the time that the ( 'nnadian> re-orted to tho-e mc ides of oppo>ition they only did what a lirilidi populalioii had a ri^jht It) do ; they had a ri^ht to -top the -upplie-, and he. as a Coloni-t, would iu'vor reliiKpii-h thai rijrht. They had llie riiiht in all extreme ca>es to do so. It miLrht be saitl that t'uloui-ts hail no such ri'jlit as a iiuaii- of iiirciuLj chaiiLics on irovernment ; hut he insi.«leil they had; il miulit In/ the only means of tbrcitn.^ atlention to political I'vils ; althoii^di he admitled that tlio ri}i;ht should he exerci-ed only in the mo^t extreme case-, where il woiiUl be impossible to ob! tin Ju-liee without such a report. Lei llie House mark the difVerence between the French and the I'^nglish mode of obtain- ini; a redress of grievances. In (_ireat Firilaiu, w hen the i)eople wi.-h to coerce government, and to make an exhiliilioii of physical ibrco, one hundred thousand men meet at an appointed place, lliey pass re-ohitions, and the whole results in a peiiiion to the throne or tiihei' Hoii-e of Par- liament. Frenchmen can scarcely imder.-tand why there .--jioiild be such display about a petition, while ICiigli.-lmu'ii know that il i< an ex[iressiou of feiding which nothing can resist in a con>tilutional go\rrnment. If tlie l^ower Canadians felt as Kngliaine fashion. A va>t mimberoi" I'^rench- meii, as they were called, inhabited that Frovince, but tluy were born and bred there ; they Were not coiiiiuered m rfs, easily put down, and were not answerable lor what occurred under the old French govern- CANADIAN AITAins. 175 •y ii- •u k1 1- mcnt ; llicy wcro P»rili«h .■iniilar to copies which had been sent round to n»o«l of lln^ Colonial Leiri-latiircs, for the purpose of ohtainin^ expri's^ion- of dpinion. And wliat do they sny in their address? Tliey say that the French Canadian-, after the concpie-t of that comilry, had their own law< and lan;^nage secnnd to tiicni, and received privilcLres e([nal in extent lo ilio-e of any other l»riii>h .snl)- jccti*. If this were the case, np to 1.S2.S that parly coinplaiiu'd jn.'tly ; and how did it happen that the nu nihers of this very Associali to ha\e one Province inliahited chielly hy a I'^rciieh, ami I lie otiicr liy a Urili.-h population. That, no doidil, was the iiileiiilon ; it wa- thoiiLrhl dc-irable in one Province to give Frenchmen the intlueiice which nund^-rs should have. An idea now* .-lartcil \v;is, that the l''rench of Lower Canaila should be Anglided ; it was urucd that they should either be dri\iii out of the Province, or be ii.)rcetl to >peak the I'.ngli-h lani;na,L:e. ( )ne. no doubt, could be as ea-ily eflected as the other. This, however, wa- not the policy after Wolfe's victory ; it was then thought wise to kee|> tiie Colony tilled with Frenchini'U, as a barrier to the I'nited StalC'^. This policy was well i'( warded at a >ulisei[iiein period, when ihe-c I't'cnchinen turned out zealou>ly to repidse the enemy and re-i>t in\a-ion. One complaint made now against the Canadian i)arty wa-, that they oppo-ed a sy.-teui of registration by which mortu;ages on land could be i-U'ecled. Il may seem ridiculous to some accustomed to a sy.-temof regi-traiion that tiny refuse il ; lull there niiglit be >ome >oimd policy in llie lad. accortling lo the views of those accinainted with the I'ountrv. TIk; l''reiieh lawvers say that the introduction of such a sy.-lem w,oidd cau.-e every poor man's farm to be mortgaged to the trailer and merchant, and that the lesser evil of wauling money for improvement of their lands jiad better be borne, than the greater which would result from registration. Some of the linest town-hips of Nova Scotia wi're burthened with nuirlgages by this system which the French wi.-h to keep out. Among other matters, this As.-ociallon also comi)lain. that inider iIk^ existing sy.-tem tic b^'encli are enabled to send too nuun' members to I'arliament. Did not the I I ',: 1 IMAGE EVALUATION TEST TARGET (MT-3) V €^. 1.0 I.I i.8 1.25 1.4 16 4 6" ► V <^ /} ^ .V Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 '^.. C/j . I 17G CANADIAN AFFAIRS. I' 'i i ;. yii i-'f il : same cause of complaint, as regarded the elective system, exist in Nova Scotia ? Till' man wlio resides in Dartmoiilli complains that he has but one vote, Avhile the man at this side of the harbor has two. An attempt had Ix.'cn made to rearrange the representation, but the attempt failed. They liad not the courage or the imi)artiality to follow out ii better system, and to equalize the elective privileges ; should they, there- fore, as they were called on to do, charge the same neglect as a high crime in otliers? Another charge against these Canadians should not be considered as of u very grave nature after the discussions of the last few Aveeks. They claim, it is said, for the Assembly of Lower Canada the control of the whole revenue of the Province, and some subjection of the executive to their wishes. Were not all the Assemblies enmiged in similar attempts ; did they not claim the management of the revenues, supposing that they could dispose of them to more advantage than the local governments, wdiich, by having the control, were inclined to squan- der tliem on salaries disproportioned to the circumstances of the Colonies ? Another complaint was, that they sought the management of the waste lands. But Avhat had that Assembly been trying to do on the same sub- ject? what had the member for Queen's been so anxious about all the session, and what had his committee been sitting so assiduously foi", but to obtain some regidation of these lands in Nova Scotia? And why should they denounce a course which they themselves had been follow- The Assembly of Nova St;otia should be careful not to encourage either of the parties which were before it. On the one side was the offi- cial party which were interested in misgovernment in the Colonies ; on the other was the party which foolishly plunged into rebellion ; — neither should be taken by the hand. There was no justification for the rebel- lion ; it Avas not even expedient ; it had not a chance of success ; not a chance existed of rearing a rational government, if the one opposed had been prostrated. To neither party could he extend a hand, but he was pleased to observe that there was a third party in Canada, one which embraced the moderate on both sides. Lord Gosford's system of justice and conciliation left the rebels without the excuses which they otherwise would have had. This third party sustained Lord Gosford's system ; it embraced a large number, and included most of the Catholic clergy ; it was designated the Loyal Association of INIontreal. He held a declaration of that party in his hand, which exhibited the evils that the two extremes caused, and urged the spread of better principles. To remedy the evils Avhich existed in Canada, the British goA'ernment had set aside the Constitution of the Provinces. He looked Avith some CANADIAN AFFAIRS. 177 i r degree of jealousy on that act ; Ijut when lie .saw the spirit in which it originatetl, and the spirit wliieli the i)ei)ple of Great Britain enter- tained towards Canada, he was not afraid of the' pro.-tralion of the Con- stitution for u few years, and was satislied that as good or Ix'tter woidd be given when matters were fairly arranged. Shoidd Nova Seotia be less liberal than the mother country? Should tiic p(,'ople of tins Prov- ince rise in judgment against their '• jiiier Colonists, and put tin; worst construction on tlieir acts ? No; they were bound to ex|)ress their sor- row at the troubles which had occurred, and thev should let the blame lie where it ought to rest, and not lend tln'ir aid to those who were leagued against thf> great body of the people. The honorable and learned member for Richmond seemed inclined to advocate the establishment of a confederation of the Colonies, lie, Mr. Ilowe, had been almost charged with rebellion for broaciiiug such a doctrine some time ago. The vcnerablo parent of the member for Cape Breton had also stai'ted such a proposition. In Parliament tlie scheme had not been considered dangerous by any pariy. If the learned member sought to second the views of the British gov- ernment in suppressing rebellion, and ])reventing the recurrence of such a disaster, he would go freely with him. If he sought to invite a dis- cussion on the subject of confederation, and to make a[)proaches to such a state of things, he was willing to second his views; but if he sought to make the House of Assendjly a party with the Montreal Association, for the purpose of enabling them to establish their ascendancy over the mass of their fellow subjects, then he would not go with him. If such a state of things was to be attempted and carried out, tlie late would not be the last rebellion in that pait of the Colonies. The only way to maintain peace was that pursued by the British government ; — ext(Miding the broad principle of lenity to all, treating them as fro ward children, and not as a, population all of which had been guilty of extreme" crimes. In approaching the OjUCstion of confederation, however, he would look narrowly to the principles on which the confederation should be formed. He would not pass any resolutions on that subject in a House so thin as the present, so near the end of the session, and after so many members had returned to their homes. Under the circumstances, having not much more than half the usual number of members, and the rebellion being put down, the wisest course would be not to pass any measures couched in strong language. The only efTect such measures could have would be to tempt Lord Durham to take too much for granted which would be urg(.'d by the party that addressed the House ; and so, perhaps, they might be the cause of wrong and evil. The better course would be not to pass any M ;l I'/fc i , i '!«' 178 CANADIAN AFFAIRS. yr of tlic rosoliifions propo.^fd ; that of ]\rr. Dnylo might sooni discour- teoii.'^, and tiic Constitutional Association sliould 1)0 looked on as any oilier political liody -wliicli might address the House through its Speaker. If any sliould pass, those of the member for Ivcrncss were least objec- tionable. Kespecting the confederation, it should be admitted that benefits Avould occur; — the regulation of trade, a court of appeal for the Colonics, and other good results might be expected ; but the subject should be approached with great delicacy. The House should be careful how it placed a recommendation on record which might be cited at a future day. Nova Scotia was one of the smallest of the Colonies, and might sufTer in the arrangement. They might find that a confederation, instead of leaving the Province with its present evils in connection Avith the Colonial ofTice, would establish an office in the backwoods of Canada more diffi- cult of access than that in London. A prince of the blood, perhaps, would be sent out with a large retinue of retainers, to be provided for as the sovereign and court of the new State, On the other topic, that of the junction of Lower and Upper Canada, he entertained strong opinions. The annexation of Montreal to Upper Canada was anxiously sought, and if that could not be obtained, then a junction would be desired by the same party. The effect of this would be to give a territory of immense extent to the LTnitcd Provinces, and in a few years a jiopula- tion of two or three millions. When this would take place without a general confederation, that Province would be too powerful to pay atten- tion to the Colonial office at home. How should Xova Scotians look at such a state of things ? As a European State would look at a neigh- boring power acquiring a large accession of strength ; it would attempt to balance the power ; and he would prefer the separation of the Can- adas, to the growth of such a gigantic power as their union would cause. Supposing no general confederation to occur, it would be more prudent to have two moderate Provinces than one great country in the rear of the lower Provinces, overbearing all opposition in any arrange- ments which it chose to make. For these reasons he would not pass any resolution on this subject until much more deliberation should be had on it. He again insisted that the House should not countenance the assump- tions of the Association which had tent in the address. As a specimen of the spirit of that party, he would refer to a paper which he held in his hand, and which declared that the Governor of the Province and the Attorney General should be hanged. That was the temper of the party which was arrayed against the Canadians. The House should not m OCEAN STEAMERS. 179 give an opinion on tlie jjubjcct in a luisty mannfr. It Monld be \vl>pr now to liefer llie whole matter to next .se>.-ion, than to e.\[)res.s .senti- ments without dtie preparation on a matter of so mueli magnitiule. During this session the Quadrennial Bill, rejeeted by the Legislative Covuicil in the previous year, was passed and became the law of the land.* On the 26th of April Mr. Howe left Nova Scotia for Eng- and, and did not return until the 4th of November, having in company with Judge Ilaliburton (Sam Slick) travelled over a great deal of England, Ireland, and Scotland, France, Belgium, and Rhenish Prussia. Ilis lirst impressions of the mother country are recorded in a series of papers, of which fifteen (sullicient to fill a small volume) were printed at the time, under the title of " The Nova Scotian in England." It is to be regretted that they were not continued. Mr. Howe has visited Europe three times since, and must have largely increased his stock of information and experience. Perhaps, when he has nothing else to do (if that halcyon season of rest should ever arrive), he may favor us with a volume of travels quite as read- able and piquant as many others, which those who live in the world are compelled to read. * For this measure, and for some others of acknowledged utility, tlie Provinec is largely indebted to Mr. Lawrence O'Connor Doyle. Mr. Doyle is a Xovii Scotian by birtli, of Irish parentage, and was educated at Stoueyliurst. He was a sound lawyer, a line classical scliolar, a genial and dcliglitful companion. Too convivial to be industrious, and too much sought after in early life to be ever alone, his useful- ness was to some extent maircd by the very excess of his good qualities. Though different in their habits, a viry sincere friendsiiip existed between Mr. Doyle and Mr. Howe, and wo have often heard tho latter dedan;, that, after seeing many of tlio clioice spirits of both continents, !ic thought his friend the wittiest man he had ever heard or read of. Mr. Doyle removed to New York in 18")."). Ten tliousund of his jokes are scattered about tiie Province. "Did you hear," said a friend one day, " that Street tho tailor has been found in a well in Argylo street ? " "Yes," was Doyle's answer; " but did you hear how they made tlic discovery'? An old woman got a stitch in her side, after drinking her tea, and siie swore there must Im a tailor in the well." A member complained once that a woman had been appointed post-mis- tress m a country town, and foretold that if the appointment was sanctioned women would be appointed couriers next. Doyle could see no objection to tlic practice ; " God and nature had intended the women to earn/ the males." The House had hardly recovered from the explosion that followed this repartee, when the wit observed that " There certainly was quo objeetion that had not occurred to him, there might be a good mang miaearriages." n il V , I vHij:; : M II I 1 I, . l-'l: r 180 OCEAN STEAMERS. m On llic passM^c to I'iiiirhiiul, tlic 'I'yiiaii {\vn gun brii;) was overtaken l)y llie Sirins steamer, wliieli had made a trial trip to America in deliaiiee oC the opinion of Doctor Lardner, and was on her retm'n, witliin a few hniuh'cd miles of the coast of I'iiijj;- huid. 'I'lie ca[)(ain of the 'I'yrian determined, when sheranijed up ah)ngsi(h', to senti liis mails on board of lier. Air. Howe accom- panied them, tooiv ii glass of champagne with the captain, and returned to the ten gun l)rig, which rolled about in a dead calm with Happing sails, Mhile the Siriiis steamed oil" and soon was out of sight. Such a ])ractie!d illustration of the contrast between the two motive powers was not likely to lie lost U|)on such men as those \\ho were left b(>hind.* They discussed the subject daily. On landiui', JudL'c IFaliburton and Mr. Howi^ went down to IJristol to confer with the owners of th<> Sirius and CIreal AN'estern. in London they discussed the subject with other Colonists, and aided l)y Henry J>liss and \Villi;mi Crane, «>f New JJrunswick, entleavored to coml)ine all the North American jnter(>sts in an ellbrt io induce Her Majesty's gov- ermnent to oiler such a bounty as would securi* to these Prov- inces the advantag(>s of ocean st(\un navigation. On th(^ 24th of August the following lett(>r, prepmrd by Mr. Ilowe, was liauded to Tiord (Jleneig, and tuiswcred by Sir George Grey on the 1 lih of SepltMu])er. The contracts for the conveyance of tlu; mails l)y steam were aimounced ;i few months al'ter, and Mr. Cnnard boldly siM/ed the opi)ortunity to win fame and fortune, which, by his enterprise hv very richly deserves. All honor to the Nova Scotitm who has carried forward this great work with such signal success. !)ut those mMitlemen ouj^ht not to be for- gotten, wlun at this early period, lirst turned the attention of British statesmen to a subject of so much importance. * Tin' mosi i'inlr,isi;in(ln„, AtN/iisf 21, ISr.S. ]\Iv Loud, — Wo, the uM(l(>rsiji;no(l, niomlxTs of the lloiisfs of Assom- Mv of Nfw l>ninswick .'uid Nova Scotia, at jtrcsi'iif in T.oiulon, most r«'<])<'<'tfiilly Ik'IT Icavo to solicit Voiir F^ord-liip's atlciilioii to a siiltjcci of liii^h importance to the iiiliahitaiits of those Provinces, to their more inti- mate coiniection with tlie motiier country, and to thcjir peace and security as dependencies of the crown. Since tlie nndersiirned left the Colonies, and afler the close of the leL,n>lalive sessions, the snccessfnl voya;xes made to and from Kiiirhind and New York have solved the problem of the practicaliility of steam navitration across the Atlantic, and rendercil a revision of tlie system of packet comnumication between (!reat Dritain and her N'orlh American Provinces extremely desirable, if not a measure of absolut(^ necessity. Assnminij that no reasonable doubt can any louiier be entertained that iho commercial and public correspondence of iMirope and America may now, and to a vast extent will, be conveye(l by steam, tin- question arises whetlxM- th(^ line of jiackets between the mother coimtry and the impor- tant Provinces of North America, shoidd not be innnediately put upon a more ellicient footing? This f|uestion, for a variety of reasons, is bcLrinninjr to press itself stronirly upon the minds, not only of the Colo- nists "Tcnerally, but of all those who in this country an,' emjajreil in com- mercial relations -with them, or are aware of the imporlaiice. in a politi- cal point of view, of drawing them into closer connection Avith the parent State. It is nnjiecessary to dwell on the character of the class of vessels liitherto employed in this sr'rvice. The fearful destruction of life and pvoi)erty, the serious interruption of correspondence, consequent on the loss of so many of the ten gun brigs, furnish decisive evidence on this point, while the general impression abroad that such of them as still remain are neither safe nor suitable sea boats, ought at once to deter- mine the Government, even if no further change Avere rendered neces- sary by the new circumstances which have arisen, to replace them by a very superior description of vessels. But to the umlersigned it seems extremely desirable, at this period, to go much further, for the following among other reasons wdilch might lie urged. AVhether (Ireat Britain shall or shall not preserve the attachment of, and continue her connection with, the North American Colonies, is not, as it is sometimes made to appear by individuals in this country, a mere pecuniary (piestion. Even if it were, it would not be difficult to shov/ that the advantages derived from that connection are reciprocally sh.ared by the people of both countries ; but assuming that from the rivalry of 16 l-lil ■i r !:>!,' il ll Si 11 \'i li M |i,| i: 182 OCEAN RTEAMEnS. no otlici' iialii)ii liiivc tli(! poimlation ol' tlir~c l-land- »> imicli to fear as from lliat ol' tlir I'liitcd Slate.-, — that I'l'diii llic ciicruy ol' clianu'tcr, tlic general din'u>ion of eilucatioii. ami the a|i|iliealioii ol' iiiilii>tiy to connnereial ami nianiiraetiiriii;j: piii'suits, whieli that eoiiiitry has inherited iVoui this Avith its lialdls and lan;_nia,ire, and whieli, applied to a field of b(jinidless extent and I'esoiures, niiisL atlaeli iin[»ortaiieo to every thiiij^ calculated to increase or diniiiiish the relative eonniiercial and political influence of either nation — the eoiilinuanci' of the counection already referretl to assumes an a.-pcct of intense interest, and swells into a niai^iii- tude which may Avell attract towards the topic now sought to he pressed ui)on Yoiu' Lordship's attention, the serious consideration of the minis- isters of the crown. If Great liritain is to maintain her f(H)tinLi' upon tin' North American Continent — if she is to hold the coMmiand of the exten>ive sea coast from jNIaine to Lal»rador, skirl iii,!^; millions of scpian; miles of fertile lands, intersected hy navi^'ahle rivers, indented by the best harbors In (he world, conlaininj; now a million and a half of people and capabh; of sup[)orling many millions, of whose aid in war and con-umplion in peace she is secure — she must, at any hazard of even increased expcndiiurc for a tiim^, establish such a line of rapid eomiminicalion liy steam, as will ensure the speedy transmission of public dispatches, commercial correspondence and general information, ihrough channels exclusively British, and infi-rior to none in security and expedition. If this is not done, the British population on both sides of the Atlantic are left to receive, through foreign channels, intelligence of nuich that occurs in (he mother country and the (.'olonics, with at lea-t ten days, in most cases, lor erroneous impressions to circulate before they can be cor- rected. Much evil has already arisen from the' convejance of intelli- gence by third parties, not always friendly or imi)artial ; and, from tiie feverish excitement along the frontier, the indefatigable exertions of evil agents, and the irritation not yet allayed in the Canadas, since the suppression of the late rebellions, it is of the highest importance that a line of communication should be established, through which not only oflicial correspondence but sound information can 1)e conveyed. The pride, as well as (he intere.-ts of (he British peo^de, would seem to require means of communication with each other, second to none which are enjoyed by other States. Tho undersigned do not think it necessary, in this paper, to trouble your Lordship with many details. They conceive, however, that not only do the United States possess no peculiar advantages to entitle them to be the carriers of British and Colonial passengers and corres- f! OCEAN STEAMERS. 1S3 111 of IC 11 y 10 to pondciKM', hut that the route tlirouL^h Halifax ha-; advantaj^c-s ihat inu-t give to this gcn't'rnnn'iit, if stcanishi[)s an! ('ini)h)yt'(l, the coinniauil of a line that cannot \h\ cxccHcd hy any that citliri* has liccii or can lie. cstalth^Iird I)y the United Stales. That port is !'t'>() mih's near<'r to Kn;j;Iand than New York, so that the sea voyaire, other thing's Iteiiip; cquid, wouhl, on an avei'a^'e, occupy two and a half diiys le-s to the former than to tlie hitter; the inhmd route from llafifax to (^nel)(>c, •when certain improvements ninv in jirogress are completed, can 1)0 accompli.-lied in less than six days — so that, if the taciiitie-i in the States should so far increase as to admit of the passant*' of iutelli,L''i'ncp. in tlireo and a half days between New York and the capital of Lowrr Canada, the American would have no advantage in expedition over th(> Britisli line, Avliile the latter would be; even more certain, from there being litth; if any water carriage. It has been suggi'sted that licrmuda •should be the terminus of tin; long voyage, with, branches from thence to the Provinces; but the v(^ry superiijr advautages which Halifax pos- sesses, as the central [loiiit to which would be tlrawn passengers from the adjoining Colonies, its abundant ami cliea]) >uppli<'s of fiud and food, mid its ra[)idly extending eomuKU'eial relations, would seem to i)oint to tint port as the one from which ,>ucli branch lines as may be necessary should radiate. The undersigned, though they have no authority to rei»resent upon this tpiestion the pulilic bodie.> to which the) belong, are so deeply im- pressed with the importance; of the suliject, so conlidently as.>ured that this comimuiication ex[)resses the feelings and sentiments, not only of their immediale consliluents, but of very largt^ and iufluenlial classes, both in the mother coimtry and the Colonies, that they trust your Lord- ship will pardon the liberty they have taken, and alVord to a m<'asure wdiich cannot fail to strengthen and increase the pvo>perity of the J'lm- pire, the powerful aid of your countenance and support. "We have the honor to be Your Lordshi[.' Mo>t obedient, very humble ser\.,nts, Wll.lIAM CltANK, Joseph llowi:. The Kiglit Hon. Lono Glexelg. 1'? fli' i.-» le lot tie (Copy.) STEAM COMMUNICATKJX. DoH'iiiiif/ iSfrecf, ScptcDiler 14, 18.38. Gexteemex, — I am directed by Lord Glenelg to acknowledge your letter of the 20d ultimo, calling his Lordship's attention to the necessity i^' I r I :■ i I!' 184 OCKAN STKAMimS. ,i;i wliicli tlio siu'cpssCiil cstaltli-liniciit of a sicnin roniniuiilcalioM bctworn Kiinipc ami Ainciica lias cniilcd for an curly impi-dvciiniit in the nioilf, of carryin;^ the; mails butwufii Cireat liritain and llic >i'urlli Aincrioun I'rovinccs. Lord (jleiK'l;^ desires xno lo assure you that he is deeply impressed witli the impoitance of the sniiject, which has already cn;raliip iiopc^ that an arrangcmcnl may he cffccie|Htsili()it iii'Vi !• (xI.-UmI iIidm in soiiic ol' ihc |ir('>ciit ^'()\ I'liiiiii'Ml ; Iml iim-t ol' iho^r uliii liinl nccfss In lln! C'oloiiiitl ollicc were immmhh ulio liml ;i ilircct iiitci'c.-l in krcpinj^ up lliu sy-ti>iii in llii-i ('(iiinli'y uiiicli was so iniicli a iniiltci' of t'ohi|)laint. "When an oH'icf bcconir-* vacant, lioint- jfo a slical" of frcnllrtncn to x'fk i\)V il. Tlu'n, in(I(<(l, llic salary seems (piite adeiinale, and llie ollk'i' cveiy way dcsiralile ; lint in a year or two after, unollier voya^^e is niaile, an increa-<' of eniolnnii'nt is solicited, and lliey i-epresent tliat the salarii's which they son^^lit, the ofllccs for which they toiled and in- tri,!.nu'd, are unworthy of liieir talents and industry. A^'ainst that kind of conniuMiication the House had to contend. And what, hithei'to, had been the success? T/icrc irtis hdrdhi a ptibllc sm'diit In tlic J^rort'iicr, v'ho roiilil nnf, hi/ lila rcprcsi'iiliiliDiiii mid /lis iiij/iic/iri\ lliirnii ninj rpsolitti',11 or (tddrcss vliiih tlic dssriidilid rc/irrsciitaftrcs nf llir irlinle coinitri/ thoiKjId it llnlr duty to (idojd. The II(in.-<^ expired at each relurnin;^ sprinjji;; the inenihers were scattered to their homes in various parts of the eounti-y ; biU another Iiody eoiUinue(l alive and active, and prej)ared (o couiileracl whatever did not suit their views. IMei'clianls and men in business — the constituenis of thai House — go fre((Uently to KuLiland.as now, in the packet which was about to sail. I>ut do they go to the Colonial olHce ? Do they approach the goveriunent for the purpose of expressin;^ what they know n-spectinj^ the alVairs and the views of the country? They do not. A very diiVei'cut eUiss, liowever, do ; thos(! who receive the salaries alluded to, and who are intere-ted in kcei)ing up the existing system, l-'or evi'i'y TS'ova Scotian seen !)y llie British ministry. Avho expresses the oi)inioiis of tiie Asseml)ly, they see twenty who speak the opinions of the opposite party. Respecting a dek'gation, his ojiinion last winter and now was, that that step should be a last resort, before ihey retired to their homes, despairing of ac- complishing any thing. He would advise the House to try that, before giving up hope. He felt that he could recommend that course with the more i'reedom on aeeount of his own resolution on llie snbjeet. He would say there, in the (iice of his friends and enemies, that he, as an individual, would have nothing to do with it; he Avould remain at home, ready to cooperate in any way that might be thought serviceable; but he would not be a member of the delegation. Having said so much, he could speak as he felt of the importance of the measure. If the House should send gentlemen to represent its views to the Home Government, ho would give ihem all the; aid in his power; but to j.'revent misunder- standing, or suspicion, on the subject, he took that opportunity of declaring that he would not be one of such a mission. i \\ 1 i!3l ItKSOM'TIOXS. IS' Oil lln' S'llli of Jiiiinnrv, Mr. Honvc juovcd lliut llic House go info coiimiitlrc of llic whole on the f^'eiienil stale of the I'rovinee, for tlie purpose of takiiii,' up the dispatches. 'I'he di'l)ate wan opened by Mr. Hell, \\ ho made an al»le ami lem- 2)craf(! spiHH'h, and moved the following rt'solutioiis : — Jusii/rct/, Tliiil. tin; tli-i)!itclii's (if llic IJiiilit lIniKiralilr tin- Sfcrrtnry for the Colonics, thilrd tlir 'Jitih April, I'Sih .Iiiiii', Ciii .Inly, mihI ;!l>t Oclcplicr. 1S;!7, wiTc hiiiit'd liy ilii> llnii-c willi lln' hvclie>f -iili-liiclioii, SIS i'cco;4iii/iiiy the cordial and igning an aihiiiialc and pcrniancnt pi'ovision for the chief execntive and judicial olliccis of the Province; ami the House received, as a gratifying jiroof of Ihr Majesty's conildence in this Assenihly, the directions given to His Excellency dm Lieutenant Governor, to arrangi; the preci.-c amount and terms of the proposed civil list with the House, and the express declaration that the House were at lihcriy to exercise a sound judgment upon the amount and permanency of tlie >alaries, and that the sums specified in the dispatch of olst Octoljcr, IS.')?, were not to he insisted on, if smaller salaries were, in their opinions, sullicient for the proper maintenance of such olliccrs. Jii'solrcd, That the Hou>e having accordingly proci/cded, in tlu; last session, to consider the amount of salaries, which, in their judgment, ought to be granted for the permanent supjiort of tlies*; ollicer.-, according to their station in society, and the circumstances of the Colony, and having communicated the result of their deliberations in their aildivss to Her Majesty, have received, with astonishment and concern, the di>i)atch of the 27lh Sej)teniber last, in which the Colonial Secretary ha> a .unied aft entirely new position; and withdrawing the consideration of the salaries i'rom this House, to whom it most properly belongs, has directed ' I |i|^ fli n \ '' I ■i',-\ r. ^1 ^': I I I %\ I 1^: i': flii>t (ni llic .-iiin of £1700 ,-i|(M'liiig, ^vl^K■ll, juklcd to llic sum of ,£.'] 1 10 stcrliii;:'. ali'ciiily scfurcd by jxTiniiiit'iit Acts of tliis Lc^^isliiturc, I'XC'fC'ds llie hirgf.-t iiiiiouiit (k'Uiaiuk'd last year, and ■would t'lialilc the govcniiiicut to allow to these ollicers u scale of salaries disproiiorlioiied to the Jiieaiis ol'tlu' eountry, ai'd to the duties to he per- formed, and Avhicli the [leople of this I'rovinee. and their I'epresentatives, ■would eondenni as an eMravaaant Ma-te of the j)uhlic funds, c.'nirary to their declared wishes, and to the real interests of the government as well as of the j)eojile. 'Ikcsnlfcil, That the House lunc al,-o remarked with astoni.-hinent and rejrret the terms of the sam(^ dispatch, dismissing their complairits of tho comiio.-ition of tht; two Councils. In re([iiesting a reconstruction of the upper branch of the Legislature, and of the Executive Council, this House sought not merely a ehiuige of men. but of [)rinci[des ; they were anxious that the ])ati'onage and favor of the goverimient should be equally diffused among all classes ; that the re|)resentatives of the people should not bo thwarted by the opposition of tin.' np[)er branch, in their endeavors to in- troduce rational rel()rms, and to enforce a M'ise economy ; and that the teni|)er and s|)irit of the local administration should be in accordance with the opinions and wishes of the great majority of the people. licsiili-vd, That the House ai'o dissati-lied with the composition of the tAvo Councils, for the reasons set forth in their address of last year, a l which the subsequent changes in these bodies, and the experience f thi.'ir practical operation, as now constituted, have strengthr.'ned ; ai ' this House, as resi)ects the J^cgisiative Council, and the spirit by whici it is animated as compared with the representatives of tlu^ people, ncoe only to I'efer to the resolutions and aable to the public weal; and that man^ individuals arc to be ibund in this Province, w-hose independent [irinciples and station in society well qualify them lor occupying a seat at either board, without [)ecuniary remuneration. liesolccil, That this House deeply regret that Her Majesty has been advi-ed to direct the disallowance of certain Acts of the Assembly, which they had pass(!d after the fullest coiHideration and inquiry into all the circumstances of the case. TIk; Act Ibr regidating our internal postage would have saved us upwards of .£1000 a year, and left to the govern- ment till' unrestrained and necessary control over that important branch of the public service. The Act for limiting the jurisdiction of the CIVIL LIST, COU>'CILS, T«ADE. 180 Adminilty Court was rcganlt'd Ity tlio comincrcial and sliippiii^ iiitcrosts as a beneficial change of the hiw; and having been in us(,' lor nearly two year.-;, and (bund to operate without injury to seamen, the Ilou^e would deeply regret were its main object defeated by a representation in wliieU they cannot concur; while the Acts for incorj)orating insurance com- panies, and for allowing certain bounties, though they may be in some respects opposed to the policy which the government act on in the mother country, appear to this House well adai)ted to the local circum- stances of the Province, and to the advancement of its trade and manufactures. Hcsolced, That this House have the fullest confidence in the sincere and generous disposition of Her Majesty to satisfy the resisonable expectations of her ikithful and loyal Commons in this Province ; and they attribute the disappointment they have experienced this session, not to any abandonment of the wise and constitutional principles announced in the despatches of 1807, but to a want of correct in- formation, derived from the proper sources, on the part of Her Majesty's ministers. Jiesohcd therefore, That the House deem it advisable to appoint two of their members, possessing the conndence of the House, to proceed to England, and to represent to Her jMajesty's government the views and wishes of this House, and of the jjcople of 2s'ova Scotia, on the subjects embraced in the foregoing resokuicns, and such other matters as may be given to them in charge. In seconding the resolutions, ]Mr. IIowo delivered this ypeceh : In rising, sir to second the resolutions just moved, I must also apolo- gise for the time which will iK'cessarily be occupied on the su1)ject. Several of the topics have been heretofore fully sifted in this Assembly, and an attempt to infuse novelty into them would result in failure. I feel satisfied, sir, that although some members on each side of the House, from long habit, are generally inclined to take; opposite sides on such questions, the time has now arrived when the House is bound to feel, as I think it ought to have hitherto felt, on this subject, which involves questions dear to us all as men, and which, if it were possible, ought to cause the dismissal of prejudice, and call forth one general, unanimous expijssion of sentiment. On former occasions, many who now feel as warmly as I do, thought that I was too ardent, and too busy in disturbing the minds of the people of the country. My earnestness on such occa- sions may have arisen from my occupation in life. Several years ago my n ii ti n U' » : ■:r:.^-,, { 100 CIVIL LIST, COUNCILS, TRADE. ib'iikI Avas !i> fully innili' up a-* now, tli:it a united cllbrt .-liould bo made to get rid of injurious restrielion>. I iim glad, sir, that every year brings converts to my opinions, in this IIoiiso and in the country. 3Iy conviction l)ecom('s every day the nior<' rooted, that if we are U) remain part of the British ]"'nipire, and I pray that we ever may, we mu.-t bo Uritish std)jeets to tliponsibility of government, and the control over the odicers of the Province. ]Mv anxietv is, sir, to have Nova Scotia, as has been well expressed, incorporated with the islands on the other side of the water ; I wish to make every Nova Sco- tian feel free from any sign ol' bondage, either of mind or body, confi- dent that he walks abroad a llriton, in fidl equality with his fellow sub- jects elsewhere. T(. raise them to that character, to enforc(! those prin- ciples, I have taken some trouble, and I feel to-day that all which has hitherto been done, has to be repeated. At this time last y<>ar, dis- patches came to the House which were worthy of a liritish minister, and which enabled us to grasp great principles with feelings of satisfac- tion and trinmjth. Such fe('lings had been exp)ressed in the IIous(> and throughout the country, and the disposition was to meet the princijdes included in those dispatches in a spirit of manly freedom and of firmness. Perhaps, in some points of pounds, shillings, and pence, the House had attemi)led to stretch its authority too far ; but the feeling with which those documents were received was very different indeed from that ex- l)erienced this day. I wish that the liritish minister couhl have seen the feeling on both occasions; that his eye could run over every cottage in the country, and oliserve the alteration which his altered policy will occasion; — those of la-t year were I'cceived with extreme pleasure, those of this with disgust — Iliad almost said, execration. When the ]anguag(i on the two occasions was contrasted, it woidd not cause won- der that men should be distrusted who could in one moment ofler an In- dian gift, in the next withdraw it ; in one moment speak the language of freedom, in the next the dictatorial style of a master to his slave. I think, sir, that this sul)ject divides itself naturally into three branches, — the civil list including th(! salaries, the Councils, and the trade of the Province. lves[)ecling the first two, men's minds are pretty well made up. On these I will only contrast old views with some lately expressed, and inquire whether the opinions of the House, as expressed during last session, were unsound. The hi-^t topic strikes at the root of our trade and manufactures. In relL'rring, sir, to the civil list and the salaries, allow me to remind the House what was the object of our pursuit at a former period, and -ity of CIVIL LIST, COUNCILS, TRADE. 191 wliaf \va> tlio answer ()I)t;iiiu(l. In ls,')7, \vi.' asscrtcil in our address thai tlic llonse had a riiclit to the control and (hstriluilion of the casual and territorial revenues of the country, ■wli'lher ccjusisting of fees of olfiee, sales of lands, royalty ol' mines, or (he old crown duties. AVas tliere any thing uiu'casonahli; in that — any thing injiu'ious to our brethren at the oilier sitle of iIk' water? "What did the Englishman of Kent or Su.-sex care lor a .-hare ol' our comi)aratively paltry revenues? lie would he happy (v) sec you, as he does himself, managing your own concerns, taxing yourselves, and laying out your income in a ])ro[)er maimer. There was not an Knglishman l)ut would scorn the supposi- tion that he wi.-hed to interl'ere in sueii concerns. Tlie demand made at the period alluded to was proi)er for the Legislature to make, and, sir, it was not made prematurely, for we saw those revemies sijuandered and misa[)plied ibr years. AVe also complained that the control i)Osscssed over that revenue by the olficers of the crown destroyed the legilimato inlhience of the representatives of the people. What would an J^ig- lishmau say to those demands!'' lie woidd say, II' }-ou have my blood in your bodies, or my spirit in your minds, secure a proper control over the ollicers of your counlry; he Avould say. We, mistaking the real source of i)0wer, drew the sword and fought, and asserted our rights by violence I'or centuries, but at la-l we discovered that the touchstone of liberty was the control over the su[»[)lies. But, sir, what answer was made to those demands ? You will well remember the feeling with which the recognition of them was received by the Assembly. The whole' scojjc of our representations were not only ap[)roved of, Ijut we were thanked i'or making tlu.'m. AVt; were lokl that Her Majesty did not make any reluctant concession, but gave a cheerful assent to our propositions, satisfied that they tended to strengthen the relations of the empire. IJesides that general answer, a ppecillc reply was made on the point of control ov(!r the revenues. The claim of the Assembly to a[)propriatc those means was frankly ad- mitted most specifically by Her Majesty. Such was the s[)irit of 18o7. The right of the Assembly to apportion the salaries was as distinctly stated, and this formed the basis of our measure of 1838. I am anx- ious, sir, to get rid of these discussions which occur year after year ; until tlu>y are settled on right principles, there will nc^ver Ije i)eace, se- curity, or happiness in the Province. The minister in 1837 said, that it was not a matter of consequence to the government, whether the sala- ries should be greater or less than the amount suggested, so they were lixed according to the good sense of the Legislature, and llie proper de- mands of the persons to be provided for. The minister also said that he :i\ t 1 , ^i I;- 102 civil, I-IST, COUNCirS, TKAPK. voiiM nol s(l|)iil;ili' lor the precise ainoiiiil oftlie loliil eivll lisl, anil tliaf lie would eoii-idei' il iiiJiirioiH and imi-ejHonalile to sii|i|)ose (liat llio HoMs(> woidd refuse lo ;;raiil llial wliieli was nM|iiisile lor piildie oHieers, ir llx' miiii-ler. sir, eouid j^laiiee over liie liistorv of llie |'i-oviiiee, he. woidd iiol lia\e penned llii'-e lines \Miiler any snp|>osilion, Iml under ae- eurale Knowiedui" and assurance. llerore I sal in tins House, sir. I closely waldied ils |)roceedinijs. 1 liavc Iteen inleresled in (lii' proi^ress of public allairs (Voiu my lioxliooil. and I never knew an instance ol'any pnlilic sei\anl, of any man prel'erriuix a ju seen (lie ,\-<>(>mIdy sl. Tlie laiijiiiaire of IS.'i? w;is a< I liave staled il, and tlie mailer Ix'in^' left to llio>e wlio were tlie be^i judges of wlial sliould be done, (lie House proceeded (o arrange (lie bill of la^l session. Tliev proc led (o ]>rovide i'or llie support of e\ery ollieei', fcelin;;', as Nova Scotians sliould Icel, that (lie mother <'ountiy ouulit not to be called on fo pay n farlliinj]; towards (lie oIllciM-s of (lie rr(n ince. 'I'liis was (lie feelinij of llie .Vs- scnibly, and the niiixcrsal feelin;;- o\(a' (lie country ; our priile :ind mmisc, of jus(ic(^ led to dial coneiusion. and nrijed us lo relieve llie |iar(Mit slab* o\' c\cv\ fraction on our aci'onnt. Tlie salaries were accordingly settled on a certain scale. As so imicli lias been said about these s.alaries, and as the civil list ^vill be dr.awn into ihis discussion, allow me (o say, (hat the salary iriven (o the ChielMuslice was i"S,"iO sterlinL!:. l-'very reason- abl(> man, capable of jiidi:in;x on the subject, would say (hat ihal was adetjn.aie. 1 admit, sir, that a man from th(> mother country, familiar with llio profuse expenditure th(>re, where a utMitleman would spend as much on his houmls as you can appropriate to your roads, — ihal such a man would b(> at a loss to understand how such a sum would snllice for .1 Chief .lusiici^; but in ]>roporiion lo our means, and manner of livinjx, 1 assert that we pay oIliciM-s hi;rher lien^ ilian they do in I'aiiiland. Tn England, tlu' VWwf .Instit'c could nol walk thirty yards without meeting some half doziai urocers who could buy and sell him, so far as W(^allh went ; but in that country no man tliought of liirning round lo (he Rothschilds, and, because lh<>y h;id accumiil.ated millions, aririiing Ihal the Chancellor of the Kxcho(inor slioiild be phu-ed on a par with them. So we should not attempt to settle our scale of salaries with reference to tlie one or two wealthy men in the eomniunity, but lo the general nVM, LIST, COUNCII.M, Tli,M»K. 11.". 11(0 (Ml 111(1 lat -on- wns the IK^ll iu:m )!• a :, I Tn ting :il(h (ho liat cm. ncc n(al<< (tf llic l'i'(i\ iiicc, — il-t rc-iuiirccs, wuiil-!, ri'iiiiircmcnl-!, ihmI stall' of tin' I'loviiicc, sif? I woiiM !i>k any man faiiiiliai' willi llic coiiiilry, a-t I am pioml l<> say I am willi every ji'iil of i(, wIm'IIiit il" lie (ravels iVom one eml lo llie oilier, lie will (iiid, oiiKide of lialilax, men in laisiness \vlio earn I'.")'!!) slerlin;^ l»y llieir imin^lry. Slionlij we (lien lake llie (ine or two Uirlimate eNeeplion-! in tliis (own a < till- crilerion, or (lie general scope ol'onr resources ami onr lialiil; as ihe nicMsnre in sncli maders? I wonld lie (lie la-( man wlio wonjil have _jii(l,;xes ami oilier oll'ieers so poorly paid as (o lie snlijecl, (o liarra^-iii'f cares, and (em|ila(ions lo eoriMplion. No sneli lliin^ was conlenipialed, ami il should iiol lie sn|i|)osed. We see (ellow cili/eiis cM-vy day per- rormin^ (hides ri;;lileoiisly and ('ailliCnlly Cor cotnparadvely small renin- neralion, and we never sns|iee( (heir inle^riiy liecaiise (heir iiiciime^ are moilerale. On (liese principles of lilieral economy, sir, (he. hill ol" las( year was Conndeil, and wlial was (he resiill ? Why, (he. c(insidera(ion ol" llie casual and (errilorial revenue has heeii withdrawn from (lie House; (lie salaries, ol' which we had heeii allowed lo he ihe hesi jiid;j;es, ;ire lixed IVom these revenues; in-lead of hein;^ lel'l lo the discretion of the lic;^- islalnre, as every i'iiii^lishman would say they should he, they are lixeil at rates which llie Assemhly would never airree to. That wa-- one hranch ol" (he iiKpiiry on the preseiil occ;Hion, and, in tnriiiiiLi; our minds to il, we are to consider whether we. exceeded our authority in making (he demands advanced — whether we went heyoiil (he rii^lils which I>ril- ish snhjecis should exercise. If we have, sir, — if in Jisserlin;^ oiir rijrlil to coiilr(d ihe revenues of IIk^ comitry we did thai which lOii^lish- iiieii should hhisli lor, ami would comlenin, (lien lei, us receile, ut. once; hjt lis say that we were in error, llial we mistook our ri.i^hts, that we mis- took (he condition of the coimlry. I>u( if we are. Palislieil oC the reverse of (his, let us i'ecl, as I triisl onr posterity to latest ^fenerations will I'efd, (hat Nova Scotia has a rii^ht to the constitnlioual control of her revenues ; let lis i\'\'\ (ha( (his is not, a ([iieslioii of money so niiich as of principle. li' lh(? country feel as I fe(d, they would rather he laxe(| douhh; or Irehle what they .aro (axed, (han yield ii sixpence on eom|»ulsi()n, contr.iry lo the ])rinciples which vwvy Knglishnian values so highly in tli(! history of his country. This fe(;liiig, (his principle, should Im^ coiisiiU'red as part of our estate, and we should look on him who would roh us of it Jis wo would on him who would depriv(^ us of our property. On this suhject, I regret lo say that (he ratili(.'d convicdon of the minister in iJi.'J? has now been viohited, and liis concession wididiawn. The other branch, sir, to which I will brietly address myself, is the 17 i .1 "I '■'jf>i;,v\ !:; f' I ' il -;''■ ' • i (fS'lMfi M 194 CIVIL LIST, COUNCILS, TRADE. m- ■ i -I' construction of the Councils. To this I cannot turn with any degree of pleasure. It is far from pleasant to stand u[) in [tublic and criticise the political conduct and princii)!es of individuals ; to say that I believe that such and such ffllow-citizcns entertain opinions contrary to the general feeling. This is not phiasant ; but it is essential in the discussion of these (piestions. I will not go back, sir, to the history of the old Coun- cil ; to what led the Assembly to bring the question before Ilcr Majesty's government ; that plain statement of facts — facts not denied, and stand- ing prominently on the history of the Province — the government had complimented the Legislature ibr liringing to their notice, and the body complained of was dissolved. AVithout going back a step further, that may satisfy ; when the case was explained, its force was acknowledged, and the existence of the body terminated. AVhat was the language of 1837, on that topic ? Several in this Assembly, — from a long examina- tion of bodies, chosen by men in Downing Street, professing to represent the House of Pe(.'rs, though not selected as they are, and frecpiently as- similating to anything but that House — several came to the conclusion, that an elective branch was the only cure for the evils felt. It is not, sir, because that principle is put down in a neighboring Colony — be- cause ordinances have taken the ])lace of the Constitution there — because the bayonets glisten through its thoroughfares, that I shrink from avowing that principle. The events of the year have proved that these selected Councils, except under careful management, will make matters •worse instead of better than they were. In the address transmitted, a change was said to be necessary, and an elective Council, or such other cure of the evil as would be effective, was jjrayed for. Tiie answer was, that the government was oi)posed to the princii)le of election in such bodies, but that certain principles had been adopted, on which these Councils were in future to be constructed. What was the conduct of the Assembly on that occasion ? Did they, as in Jamaica, say " No ; you must comply with our wishes, or we will not go on Avith the public business?" The House did not so act. It had more sense, and more consideration of what was due to the government and the country. Did it say. We will stop the supplies, as was said in another Colony? No. It said. We will waive our own opinions — follow out your views ; the principles announced in your dispatches, if fairly followed out, we are willing to adopt. Could any conduct be more reasonable than that ? The Colonial Secretary gave his view of how these bodies were to be composed, and his views were accepted with cheerfidncss ; we said we would give them at least a fair trial. What were those principles ? One objection made, was the overwhelming influence of one religious body at il icr as, the are at? be we )ne at CIVIL LIST, COUNCILS, TRADE. 195 the boaitl. The Colonial Socrelary saiil, in his ilispatclus, that that coini)laint vas too well iouiidcd, and that a coinpivhciisivc <'han;,'(; should take eilect. The Governor was, aeeordin^rly, directed to earcfidly avoid any sueh religious distinction. I do not hesitate to say here, sir, that those directions were not carried ont. In lioth Councils as every gen- tl(>nian is aware, the invidious majority was continued, — a majority which, as long as it stands, will prevent satisfaction, and will giv(! all the influence of government to one class of ])eople, which class only amounts to one-fifth of the whole. That state of things was continued in defiance of the sovereign's directions. What was complained of in the last ad- dress ? "Was there any new ground? No. AVc^ only said. Your Majesty gave directions which have been disobeyed by your ollicer at the head of the local government. lie has composed the Councils, not in accordance with the princii)les set forth by Your Majesty, but has again given the influence and patronage of these bodies to a class which only counts one-fifth of the whole jiopulation, I speak of that class, here, sir, as at all other times, with respect. Many of them do not de- sire these distinctions ; they repudiate such principles, and require nothing move than impartial justice. In the Ivxecutive Council, of twelve members, we find seven gentlemen represent one-fifth of the people, and five represent the other four-fifths ! That was carrying out the principle with a vengeance. It was but a mere shuffling of the cards ; the game continued as before. Turning to the Legislative Council, what was found ? In a body of eighteen or nineteen, ten were of the favored denomination. Was that following out the principles ? In making these allusions, I would not be understood, sir, to reflect for a moment on the liberal Churchmen of the Province. Many of them desire a diflferent state of things, and do not approve of any improper distinctions. But, sir, in complaining to the sovereign, that her gracious intentions had not been carried out, did we do more than our duty ? The question now is, on that point, will you reiterate your demand. What is now said on the subject? True, we gave those directions in 1837; we laid down broad principles on which your Councils were to be constructed, and thus induced you to accept our scheme ; but now, forsooth, our officer having disobeyed our instructions, having violated express commands, given in the most distinct manner, now, forsooth, you must try these bodies, see how they will behave, and if evil result, some ten years hence you may ai)ply again, and have the same farce played over once more. Our friends on the other side, sir, will no doubt make themselves merry at the difTcrence of our feelings, last year and now, respecting the dispatches. But, sir, a Colonial Secretary is nothing to ii\ :ri M'-: r. l^ '■!'; T-: li- m , ,1 i mr 19G CIVIL LIST, COUNCILS, TUAnK ': ii i i. A , nil' ; (li-piitclics arc ii()tliiii<^ to mv ; tlu* f^rcat principles of constitutional IV loin wiiicli our tiiliicrs coniniittcd to ns, which it is our duty to instil into tlic. breasts of our children, — tiicse principles, sir, arc not to be trampled upon by a Sc-cretary, nor a bad system bolstered up by dis- patches on false ^n-ountls. 15ut, sir, it will hi; amusini^ to turn to these dociunenis l()r a moment. We are told that Iler Majesty had received some f'xpldiKitory statements respecting the construction of the Councils. These documents we, of course, have not bi.'fore us, but I would much like to se(! them. They woidd be, no doubt, of a hi;^hly amusing char- acter. AVe an; told, sir, that Her Majesty received our address very ffracioiish/. No doubt the Queen is not deficient in politeness ; but if Her Maj(;sty could have witnessed the manner in which the dispatches were i-eceived a few days ago, she would have observed, that although the usual ibrmalities had been paid to our adkert U. K '^\'-'' \'<' ' ^ ■?; • ■ i -; s '■■[■■ '" ' 1 i -Ra' 'i :;;1[ dmA m 200 CIVIL LIST, C'OUN'CILS, TIIADK. it 'ii'f.h. B!) ' mndc up of f('(M not .s.-inctioiwd liy ni\y law. If the r<<';ri>latm'f' rt'fog- lii/<'(l a law iiilo wliicli il liad hccii t'ot-r I, Imt wliicli had ncviTllirlrss been I'ldly ralilicd, was tlial a rca^fia why wo >hoidd rccd^rni/i' what wo Imd )ii never ae(|iii('sced in, and what had nu law lor its support? let. « an analo^'y so carried out, a reconnnendalion in the re-ohition- had lieeii Ibunded. This may sidliee respeetin;^' the re«(duti()ns()f' that body. I ilo wi-li, sir, that they had had a leidin;^ lor this yonn^ eonntry when they made references to New IJrnnswick, in>lead of temptin;.' the <:()vernMient to (ix the salaries at a rate too hii^h lor our means. AVhy did they not tell the Avhole (nilh in the matter, and say, that in settlin;^ its rpiestionn of revenue tliiit Province received in cash £170,000; and that it wa«( five of debt ; while Nova Scotia owed fl'JO.OOO and had no treasnn^ to receive? That was the statement which should have been made, if thn object was to j^ive a fair view of the ipn'stion. This body, sir, which was to cooperate with the Assembly, and to represent the people sotridy, did not say a word of the X83,00O which bad been wasted in ten years, by a system of criminal, lavish prolusion. One would supi)ose that a feel- ing for this youiif? country, an anxiety to extenrl its resources, woidd in- duce to a reference to this fact. Ibit neither that, nor any thin;^ of a similar temlency, wa?* introduceill, I will make only one remark. I am soriy that the Act of the Im[)erial Parliament obliges us to do any thing so offensive to our Catholic brethren. The member for Isle Madame remarked on this sub- ject, that he had reason to be satisfied; for Catholics had been, in this respect, emancipated from restrictions, while jjoor Protestants were not, and were not likely to be. It is not worth while, sir, to bring the Shu- iP H , aiitl if iiiniiiy laii In nl). lainrij, ilif Wdilv may In' |>i(>-i'ciiti'il. TIk' otitpDrt (|iir-.ti(iii lia> Ihi'h litnv' a^'iiali'il lliniii;rli()iii u ' I'roviiirc, an oiu: of vital iiii|iiii'taiicr. In Kii;i;lanil, wlu't'c a j^frtit / , taxes have to hi- faix'd, imt \\>v iiiiif j»iir|)htiiilil !)'• fcstrictcd to a ccrtnin nmnhcr of polls. Hut diii tUo. saiui.' n-fMon^* apidy Ih-i'i;? Was tlifi-t! any n'asini why Arichat and /^'^l>y ."'hould not g( I cvcfy (acilily in their tfade, mid many other plai-es aloii^ flu' sealtoanl? 'riii> iilii<[»lication. Scnc who hear me may not well understand what the dispatch means on this subject. The hnj];o Coiporation Bill of last year, will be recollected ; well, sir, during a for- mer session, a bill was transmitted from the post olliee department in England, a bill about fiv(! times as large as tin; Corporation IJill, and it was such a bundle of absurdities that nothing could be iiiaile of it. The same went to the ditl'erent Colonies witli like ellect ; all declined having any thing to do with the unintelligible mass. Now, when we passed a Post Olliee IVill applicable to the Province, we are told that we might stop the mails. That might be said with a better gr ice in Canada ; but it is said to us, and the bill is disallowetl. Regarding the fisheries, I will not longer occu|)y your time than to say, that when I heard the pompous announcement that we were to have the benefit of "an armed force," 1 thought there was an end of the American jigging of mackerel, ami illegal catching of codfish; but the dis[)ateh dispelled the delusion, for we are to have one vessel in the Bay and one in the G iilf, and we know how much our neighbors care for that kind of armed protection. But there was also a remonstrance to be made by the minister at Washington. No doul)t, sir, that Van Bureii will receive the representation on this subject, as Her m ; !■'" 1 !■( 202 CiVIL LIST, COUN'CILS, TRADE. Majesty roceivod our address, vcrij (/raciousli/, and that similar ('ffcct.s Avill follow. In this manner, other important topics have hoen treated ; and if the Legislature shall agre<^ in the terms of these dispatches, tho sooner our merchants and maiuifacturers remove from our shores the better for themselves. If ■we cannot in tliis Province give encouragement to our fisheries, or to the manufacture of chocolate, or tobacco, or to insurance companies, unless the gentleman who writes the dispatches is conciliated, — and if this Legislature agree to such ii state of things, then farewell to the free- dom of our Provincial Legislature, and to the prosperity of the country. Of the Marine Insurance Company, it is said that it does not yield secur- ity, and that its whole capital might he swallowed up ; therefore, the act of incorporation is not allowed. This was passed after a deliberate view of the circumstances and requirements of the country ; the risk was ours, and wc might be allowed to ibllow the course which appeared to us most wise. But let us see the result of the operations of this company. In 1837, the stock of that company paid twelve and a half per cent., all risks settled; in 1838, it divided seventeen and a half per cent., and the pres- ent year it yields twenty per cent. ; while, in addition to these large divi- dends, £1283 has been added to the paid up capital. Now, sir, I would like to be informed whether this Legislature, or Mr. Stephen, in a back office of Downing Street, is the ber-t authority to regulate such matters. It has been frequently said, sir, that these Colonies are burthensome to the mother country, and that we should not complain of slight grievances because we have so many benefits ; we are protected, and pay nothing for our advantages. The only, or chief matter, in the way of trade, in which advantage is given, is in the timber business. The timber which comes from the adjoining Provinces has an advantage over the foreign article, which I would not defend on account of its effect upon the con- sumers at home. But if we are to be restricted for the benefit of mer- chants and manufacturers in the mother country, let us have some fair corresponding advantages. This, and the advantage enjoyed in the West India trade, I look upon as a right, rather than a privilege. The Prov- inces pay very largely, in every way, by the advantages which the British trade enjoys in our market. In almost every thing the foreign article is taxed in favor of the British ; on a great number of foreign articles from ten to thirty per cent. In this manner we paid ; and not the smallest, most insignificant article, could be brought in without thus contributing to the means of England. I do not comi)lain of this ; I only refer to it in order to answer a charge generally made. To me, sir, the dignity and integrity of the empire are dear, and I feel, I trust, as a British subject should i; ill ! i' CIVIL LIST, COUNCILS, TRADE. 203 !i. ■ fe'.], — proud of the Iiistoiy, and literature, and science of the mother country, — of belonging to that empire, wliich presents to the Avorld in all its phases, an example of greatness and glory. But, sir, here is the country of my birth ; this little spot between Cape North and Cape Sa- ble is dear to mo, as a Nova Scotian, above every other place ; and, while priding myself in the glories of the empire, I respect, as a native should do, the soil on which I tread ; and when invidious remarks are made would attempt their explanation. For the reasons adduced, sir, I am inclined to support all the resolu- tions which have been laid on the table, and have felt it to be my duty to bring the elements of the debate before the House, and ask whether members are willing to allow matters to remain as they now find them, or whether they will take the only additional step that is open. In the dispatches of 1837, Lord Glenelg invited a delegation, and said, that if gentlemen should be deputed, they would receive every attention in his department. A delegation may not be able to accomplish all that is desired, but I believe that it may do much that will be very aecei)table. It would do good by bringing government in contact with one or two members of the House, who would represent the majority of the Assem- bly and of the country. An objection, no doubt, will be the expense. The expense, sir, compared with the principles involved, I consider as nothing. It would be only such an expense as the country would wil- lingly pay, even by subscription, were such a course necessary. The time has now arrived in which the House must recede, or must main- tain its ground ; when we must repel additional evils attempted, and make a full and personal expr(!ssion of the grievances of the Province, or fail in our duty. To those »vho, like myself, have been long engaged in this struggle, I would say a few words ; though the odds against us are gi'cat, we must still struggle on. Often, when I have considered the want of unanimity, the want of knowledge, and the want of energy among the people generally, compared with the wealth, the otricial influ- ence and sagacity of those with whom we contended, I have felt that the chance of success was, at many periods, but very slight, and have experienced that sinking of the sj^irit which such reflections were calcu- lated to produce ; but I invariably endeavored to rally, by considering what I owed to my country — by considering what others struggled through, and to eventual success. I turned to the history of those who Lad striven for the same principles, and remembered how many hearts were broken in such attempts. Shall we not also do our duty in spite of difficulties ? now tl.at we know the eyes of the population are turned on us, will we desert our post, and allow our minds to be depressed f !^:i! i,;i '1 'i' \\, l\ 1 204 CIVIL LIST, COUNCILS, TRADE. i> li I V by ii si;j;lit of (ho coiirst' we liiivc (o run ? Of what, in the end, need we be afraid ? Will any Kiiople. "When ln^ reads his country's history aright, lie will say that; the struggle which we carry on constitutionally and peacefully is the produce of that spirit which has descended from the fathers to the chil- dren of his native land. AVill an Irishman find fault? Let liim glance over (he green fields of his native? island, and see how that country haa been degraded and restricted from causes similar to those of which avo complain — see how that country has been governed by the minority, luitil, in the most fertile vales of earth, the pi-asant toils from morn- ing till night with not more than the food of a beast, — until the iron rigor of the system enters into his very soul. Then let him find fault with us for putting down in this Province the evils which obtained such mas- tery in his own home. Will Xova Scotians blame us? If I thought so, I would pray to heaven every night (hat not another child might be born on the soil, but that u race so degraded should pass from the face of the earth. Tlic debate wliicli followed lasted a \vc(dc, and was listened to by crowded audiences. Much excitement prevailed. Hard hits were given on both sides. It was in this debate that JMi*. Uniacke and INIr. IIowc were ncnxriy brought into personal col- lision. W(? omit several speeches made by the latter, preserv- ing only a few passages which serve to illustrate the ditrercnt views hekl at that time, by the two parties, on the subject of responsible goverinnent. Mr. Dodd, a member of the Executive Council, in defining his position, said that "no responsibility rested on him." "I in- quired particularly, before accepting my commission, whether I would be expected to carry out any particular measures of gov- ernment. The answer was, that I would not, that I might act my pleasure, and would not be embarrassed in any degree, as a metnber of the Assembly." 'L__- his lin- brl jov- lact as CIVIL LIST, COUNCILS, TRADK. 205 Another monibor of th(^ Council said, " He wondered at such nonneni^e as for men to talk of rejiresentina^ the ministry of Great Britain in Ihis Colony, and of carrying on the Govern- ment in the same manner as they did in the Imperial Legisla- tm-e." A member of the Executive, in llu- upper House, declared "responsible government to be rcsi'oiisiblc nonsense." A vast majority in the Imperial Parli:uin'!it, ii was evident, enter- tained the same opinion, llmidrcil- (•!' ilionsands of people, in British America, were at tiiis peri(!(l uihr djsbeli(>vers in the practicability of tlu^ system now hup|)ily st> firmly established. It required some nerv(^ to face this opposition in 1S39. Mr. Howe had the nerve. His tirst object was to have the resolutions passed and the delegates on their way to England. His next duty was to illustrate and explain what was meant l)y respon- sible government, in some popular form that would attract universal attention, reassure its advocates and reason down con- scientious opposition. On the 2Gtli, Mr. How<' closed a general reply to the mem- bers of government and their friends with this peroration: — I>iit this House, Mr. Cliairmnn, is not to he misled by jest or sarrastn : thougii Nova Scotia is a small ooiiiUry, tliern are in these questions u dignity and an importance on account of the princij)les involved. Though the sums at stake are comparatively small, they become of eonsefjuencc from their connection. Tiie exaction of ship money in r^igland seemed of very small moment in itself, but those who Avatched over the liberties of the nation made it of great importance. We have been told of peace and prosperity, and were asked Avliy w(! should complain ; — but, sir, there were peace and prosperity in many of the Roman Colonies, although they were rded by the Pri.etorian bands. Tlie policy I wish to pursue is to have these Dritish, not Roman Colonies; and I wish wlien British soldiers come among us, tliat they should feel, not as Ro- man warriors going into a subjugated colony, to govern it by the sword, but that they are coming to sojourn among Uritons, who are their bretin-en by every national tie ; — that they are coming to assist them in governing themselves, not to deprive them of the pride and the privi- leges of freedom. Replying to the leader of the government, he said : — 18 fti ■ l !■ h! it if I II'' I :^:ii ;V 1 !•( i if m. \ ijtt 206 POWER OF THE MAJORITY. ::r Oftoii as I liiivc heard that h-aniod gcnUoman deal in oxtraordhiary doctrinos, in this House, ho surprised mc last evening: not satisfied with defending the const met ion of the Councils on the necessity of the cfise, he said that he trusted tlie time woidd never arrive; \vh(>n the Council:^ would be so constructed as to follow out the policy of the majority of the Assembly. That was a doctrine that would fall harshly indeed on the ears of an Englishman; it would call up strange emotions in his breast, to be told that the goirrnment of a country should stand in o})po- t^ition to the mnjority nf the pcop/e. In England, what Cabinet would think of maintaining such a position ; but h(!re, the learned member un- dertakes to sneer at what he calls a mere majority. Let me tell the honorable gentleman that the Whigs now in olTicc have not a larger majority to support them, in the Commons, than have the friends of these resolutions over the parly avIio oppose them. Am I to be told that if a luiijority of six or seven be suilicient there, eight or ten should not have inllucnce here ? What a pretty government there would be, indeed, if the Executive were to be always opposed to the majority, and ■were to be goveriu.'d l»y the minority only. [Mr. Uniacke I'cmarked here, that, as the honorable gentleman had answered what he did not say, he might as well answer what la; did. lie said that the Councils should not quail before a majority of that House, exeei)t on sound i)rin- ciples.] ]Mr. Howe continued; — The learned gentleman varies the expression without vaiying the meaning. AVhat was the practice at the other side of the Atlantic, and what here ? Here, two or three of a minority carried measures instead of the majority. There the lory House of Lords indeed were sometimes opposed to ministers, and the House of Commons, but in these cases the ministry had the executive with them. If our Executive Council was, as we desired, there would be little cause of complaint. We complain here, because Lords and Minis- try, and Executive, all stand in opposition to the majority of the House. On the 29th he was compelled again to address the House at some length in consequence of charges of syiupathy with the disaffected in Canada, which had been hazarded by the leader of the government. In this passage distinctions are drawn sufficiently apparent now, but which were purposely slurred over in those days of party excitement : — Gentlemen who hear me are well aware, that until violence was attempted in the Canadas — until blood was drawn — no act had been committed by the Canadian party, with one or two exceptions, that was lory Ihc tive be cly rvas AFFAIRS OF CANADA. 207 not in accordance willi the views of every right minded Colonist. The moment that blood was shed — that force had been resorted to, — that moment they forsook the vantage ground that O'Connell knew so well how to use for the benellt of Ireland and of the empire ; they commenced a course which was no longer subject to their control, and which injured them in the eyes of those who had hitherto wished them well. How were we placed in relation to that i)eoi)le up to that moment? How wa3 this House of Assembly i)laced in reference to the Legislatures of the Canadas. They were urging the redress of grievances in many cases like our own ; they were striving for objects which we are struggling I'or now, and know to be of such moment to Nova Scotia. Was I, as a public man, to set my face against them until it became apparent that they meditated violent changes and not coi.stitutional reform ? How did the case stand? Ui) to 1831, when the supplies were stopped, almost every act of the Canadian party was approved of by the majority of the population of the Colonies, and by right thinking people in every part of the woi'ld. They procured the sanction of Mr. Neilson, at present an Pvxecutive Councillor of Lower Canada, and the sanction of the House of Commons, l^p to that date, indeed, it was not necessary to say one word ; the most solemn sanction had been given to their pretensions and acts by the British government itself. And up to that time, in what position did that Constitutional Society, which has been introduced into this debate, stand ? I do not know that this very society was in action, but in looking to the names that compose it, I find that a large propor- tion of tliem were opposed to every reform, to every improvement that was subsequently sanctioned by the British House of Commons. Shall I be told that any opinion of mine, up to that period, commits my loyalty or my integrity as a public man in the slightest degree ? No attempt had been made in Nova Scotia to fasten a criminal course on the Can- adians up to that time ; and no such attempt had been made at home. But allow me to say, that if any one will take the trouble to examine The Nova Scotian files, he will find that from the time that Neilson receded from the reformers there — from the time that they stopped the supplies, although I was in favor generally of the principles involved in the questions which they agitated, and generally wished them success, I expressed a qualified assent, and, not only did not concur in all their acts, but, while I claimed for the Colonists the abstract right, disapproved of the stoppage of the supplies, and intimated the consequences which might be expected to follow. The charge was withdrawn in the most frank and honorable p. (ij \ A yi' : \i !' W m r f'^ TtfT^ ii if 1 '.■1 i ■ p, .:;i i '; 208 EXECUTIVE OBSTRUCTIONS. mtuiner boforc die speech was closed. The strange antagonism which existed between the Executive and the Parliamentary majority was thus illustrated at a later stage of this debate. Mr. Howe said that as so many remarks had been made on this ques- tion, lie felt called on to say a few words on tlie principles which seemed to f^ovc^rn appointments to ofllce in England. Although, as had been intimated, men of every political party, radical or tory, might get the promotion which was due in the army and navy, yet the patronage of the country was in the hands of that ministry who could command a majority in the lower House. Here, what was the case ? Just the reverse. It was true, that on some general questions, and on many details, members of the minority were found at the opposite side of the House ; but none would s.iy that there was not, on the general principles of public policy, a strongly marked line dividing the two parties. Was it right then, that selections should be made so as that the small minority only should be represented. Advice was not to be given on questions of patronage only, but in many important matters. Suppose a question between the majority and the minority to b<^ submitted. []Mr. Uniacke. What majority ? Mr. Howe continued.] He would admit that on some points gentlemen now on opposite sides voted together,but the learned gen- tleman was well aware that on general principles, and also on the modes of carrying out the details of political questions, the different sides were sufficiently distinct, and had bet-n for years. Suppose that majority to be fairly represented in the Council, would the speech in answer to the resolution last year have been made? [Mr. Uniacke said, that whether wilfully or not, the Constitution of the Provinces seemed to be misun- derstood. The Council were not advised with on all occasions, and in such cases as that alluded to, His Excellency acted for himself Mr. Howe continued.] He [3Ir. Howe] did not say that the Province had any Constitution, but they were trying to fix one to-day. He would sup- pose another case. Some severe allusions were made in that speech, but if the members of the Executive Council, who sat in the minority in that House, were to advise a dissolution of the Assembly, would they not thus hav(! a direct bearing on the conduct of the House ? Or suppose on other questions, the men who vote against measures in the Assembly, again meet them, to give renewed opposition in the Executive Council, and in the presence of His Excellency, without any being there to rep- resent the majority. He admitted that we had not a ministry, but as the case stood, the popular side, or side of the majority, had not a single man to represent their views on those fundamental questions in wLicl. the jtlier iun- in Mr. lad nip- 'Oh, y in they lose bly, ncil, fcp- thc EXECUTIVE OBSTRUCTIONS. 200 tho fountry was «o much intcrrctccl. And is that a state of thirifrs which should contimic? Wotdd the House do its duty it" it nej^k'cted to bring tliis strongly hefore the crown? Dlilicidtics existed respecting the. arrangement of a body here, like (lie ministry in the mother country, but if the majority of tlie House possessed the confidence of the Prov- ince, then he did not see how a large proportion of the constituency were represented in any manner at the Executive Council boanl, and the old sytein of governing by tin; minority was continued. One of tlie gentle- men selected by His KxccUeney from ihe House, was one of the strong- est opposers of every claii-e of the address by which the Kxeculivc Council was produced. If that address was a meritorious act, as had been stated in the dispatch, then tiie most conspicuous opponent of it should not have been selected, under the instructions given in conse- quence of its ado[)tIon. The resolutions woro passed by largo majorities on tho 30th of January ; and on th(> 1st of February, on motion of Mr. Howe, Mr. Herbert Huntington,* was sch'oled by a majority of 34 to 9, and INIr. William Young,f on motion of Mr. Bell, by about the same majority, to proceed as delegates to England. *^h\ Ilurbcrt llunlinstoii, was a iiativo of Yaniioiith, of New Englaml orij;inj and trai'iiij^ his blood back to the ("i-oiinvell family, often roinindL'd us of the great chieftain of the Civil Wars. Stroiii^ly Iiuilt, wiili a broad ehost, a lino head, and an iron frame, lie was iibysieally brave and deierniined. Had he lived in Switzerland, he would have died rather than bow to (iesler's eap ; and had he lived in England, he would have drawn his sword aizainst Charles as a neeessity of his initnre. Hatred of tyranny and injustiee formed the basis of his charaeter. Sagaeious, quiek witted, and well informed, he was a better speaker than Cromwell. He never wasted i> word, but ran his thoughts, as men run bullets, into forms, ('oin[iaet, weighty, and cfl'eetivc — and ready for otVenee or defenee. He had none of the fauatieism of his great ancestor, but when in the mood was mirthful, convivial, and comi)anioual)lc. When out of health or out of humor, he was as moody and irascible as Oliver himself. Self-taught, his mind was nevertiieless well stored. Bred a farmer and land surveyor, on tlie borders of a mercantile community, he was familiar with tho inner life and exterior relations of Colonial society, and l)rouglit to the discussion of every topic a clear head, a determined will, and much practical information. Mr. Huntington acted as Mr. Howe's second in the duel with Mr. Haliburton, in 1 840. He died in IS.'jI ; and on his friend's motion, a monument was raised over his remains, in the churchyard of his native town, at tlic public expense. t The Honorable William Young is the oldest son of Mr, John Young, whose letters of "Agricola" gave such an impulse to Provincial agriculture, in the days of Lord Dalhousie. Mr. Young was born and educated in Scotland, but came to Nova Scotia at an early age, and embarked at Ih'St in mercantile pursuits. These 18* >n ' l| 1 j |H Wi r;'i I ^) ti n 1| !:! !| i u! .If, ■■■i; I II ^ '% #!:■ :|l i rr:f:i 210 KXlXUTIVi; OBSTRUCTIONS. ilh ft fir The TiP£,'islntivo Council soU'ctcd llio TTonorahlc Alcxiindcr Stewiirl uikI \\\v Jloiiorublc Li'wis iM. Wilkius, us dclctratcs to rcprcsj'ul lliiil body and It) dcfciid in Hii^liiiid the old sy.stcin of ^ovcriimciil. 'Vhv dcli^i^iitcs sailed in llii' sprint^, and the battle was transferred i'or a time lo the Colonial Oiliee. On the '2iU\i of February o( this year, a curious scene was presented in our Assend)ly. The controversy about the North Eastern Boundary question, which had raged for years, and had been sharply discussed in pithy speeches, and worn thread- bare in interniinabli* piunphlets, was brought by (Jovernor Fairfield, of INIaine, to the very verge of a bloody arbitrament by force of arms. On the 18th of l^'ebruary, he sent a message to the Senate and House of Representative's explaining his reasons for marching troops into the disputed territory. His conduct was a])proved, and $800,000 voted to pay the expenses of this hostile invasion of what at that time was recognized by us as i)art of the Province of New 13runswick. Tidings of these prac(U'dings reached Halifax by mail, and called forth a nianif(>station of loyalty and pul)lic spirit highly honorable to tUe Province and to all concerni'd. Party feeling never ran higher in Nova Scotia. Public men were never more sternly divided by important (piestions of in- ternal administration or of organic change. But when the honor of the British flag was menaced, and the soil of a sister Province was about to be invadtxl, every thing was forgotten except the conuuon obligations which rested upon us as citizens of one <>mpin^ and subjects of one sovereign. The militia laws had expired. The Executive was in a helpless minority; but Mr. Howe, having consulted with his friends, at once tendered to the government their united support of any measiu'cs providing for the common defence which might be proposed. The otler was accepted. The Committee of De- t ii he iiliiuidoiKHl for the hiir, at which, after a practice of tliirty years, ho has l)ut one rival and no suiierior. ilr. Youn;; was Speaker of tlie lower House, fi-oni 184.'i (when Mr. Howe resi<;nc(l tiio rohes) till l^'A, when he became Attorney General an^oliilioiis were reported, and earrien to Sir Colli) Camp])ell the aid and sup[)ort of those who had now shown their ability to strengthen and suj)port his govcrmnent. Their })ower to obstruct it had been for two years practically illustrated. But, unfortunately, the rulers of Nova Scotia in those days had their hearts hardeniul and their necks stilfencd, until sure destruction came upon tluj system they vainly labored to d(.'fend. TIk? cheers of a united people had scarcely died away in the legislat»ivc h.ills, where X 100,000 had been voted for the defence of the Provinces, when a grant of .£1000 to pay the expensos of the delegates who were going to England to represent to their sovereign the grievances of the Colony, was rejected by the Legislative Council. TMu; reason given was because the House had declined to pay the expenses ri W P: w, . ri if-': \ 1,' '' ' m I 1 1 \M •T ! ; 212 I.Onn DURHAM'S IlEPORT. f Ml, of fi P(7niit('r (Iclrgiitioii, to hv sctit to oppnsr their poliry. This uttcmpt to ()l)stni('t iijl foimiiiuiiciilioti with the. throiif, except tlironj^h the mediuni of the lOxeeiitive, ereiitecl ii i^jood dejvl of cxasperiitioii. It was determined to send th(! delei,'ales, at all hazards, and they eiid)arked at their own cost and eharj^es. In February, Lord (Jlenelfjf resi<»ned, and was sneeeeiled by Lord Nornianby. Lord Durham's report was laid before Par- liament, and Mr. IIowc; had the satisfaelion 1 Ihid the sys- tem of government which he had for years fought for in the midst of so many dinicnlties, and discouragements, strongly recommended by Her Majesty's Lord High Commissioner, after due and careful investigation. Tlie appeal was now to Her Majesty's government and to Parliaivient. 'riie times were; critical; the results no man could foresee. Lord Durham, sharply attacked in the House; of Lords, and, as his lordship conceived, but fet>bly defended by his friends, had thrown up his olllce iuid returned to England in disgust. Hut his health was declining, and his days were nu e- ])ered. .Jealous rivals and powerful parties, even if he lived, might prevent the adoption of his suggestions. If he di^tj, might not his report be buried in his tomb .' Tiie minorities in all the Provinces were in active and indefatigable hostility. Lord Durham had been fiercely attacked by clever C'olonial writers, as he had been by powerful speakers in Parliament. Mr. Howe's opinion of Lord Durham's repon was given in a few seiitenccs : — .1.' 'a m We have risen from the ju'riisal of this atlmirablc oxpo.-jition of the state of tin; llritisii Colonies in Noith America, with a higher estimate of the powers of the noble lord and a more sanguine anticipation of the ultimwle termination of Colonial misrule than we have ever ventured to form. We did not believe that then; was a nobleman in Britain, who liad the ability and the iirmness to grapple with the great questions com- mitted to Loril Diu'ham's care, in a s[)irit so searching, and yet so frank; nor a man wiio, in one short summer, could collect and digest so much information, and draw from it such a volume of instruction to the gov- ernment and j)eople of P^ngland. It is impossible for a Colonist to read this rei)ort dispassionately through, luid not recognize oa every page the features of that system which has now become contemptible in the eyes :,fc^ LOUD DUUIIAM's IUTURT. 213 m of (tvory man of coininon iiiili ;i copy of lliis rcporl was in I Ik; hands of ovcry liciid ol' a family in Nt»va Scotia; for, ahhoiij^h wv shall lake somu pains, hy extracts and abstracts, to give our rcatlcrs fiomc knowledge of its eon- tents, it h a volume that '""■« '••"t' nesovereii:n in this country receives tin; advice of ihc minister.*, and acts hy the advice of those ministers, and indeed there 13 no important act of the crown for which there is not some individual minister responsible. There responsibility be^^ins and tln're it ends. But tlie Ciovcrnor of Canada is actinj^j, not in that hij;h and iinassiiilable po- sition in which the sov(M'i'ijj;n of this country is placed. He is a (iovernor receiving instructions from the crown on the responsibility of ii Secretary of State. Here, then, at on'/e, is an obvious and complete dilTerenee be- tween the Executive of this country and th<' Executive of a Colony. The Governor might ask the Executive Council to propose a certain measure. They might say they could not propose it unless th(> members of the House of Assembly Avould adopt it, but the Governor might reply that ho. had received instructions from homo commanding him to propose that measure. How, in that case, is he to proceed!'' Either one ))ower or the other must be set aside, — either the Governor or the House of Assembly; or else the Governor must become a men; cypher in (he hands of the Assembly, and not attempt to carry into elfect the measures which he is commanded by the liome government to do. l>ut if we en- deavor to carry out this analogy, there is one case tluit all the world allows is a case in which it could be applied — I mean the ease of foreign affairs. If the Assembly of New Brunswick in the late collision carried on a dispute with the North American States — [Here some in- terruption occurred which gave rise to cries of " Order, order."] Th(3 lubjoct [continued the noble lord] is certainly a very important one, and Ml 1:1 1 wi ■11!'; I 1 1 w r III li 1 21G LOPD JOTIN l^rSRM.T. S SPKECn. jilthoiigli T may rxprcs-: iiiysclf in very iniidcqimle tt'rm?, yet I do conceive, tluit as it is in my (piiiioii one of the most importaiit j>f>int5 contained in Lord Durliam's report, and on(^ on which T diil'er with him, I onght to state the pronnds ol'that difli'rcnee. I say if the As>emhly of New Urnnswiek liad been disposed to carry the point in dispute willi tlie Nortli American States hostihdy, and tlie Kxecntivo Council hail been disposed to aid them, in my opinion iIk^ (iovenior mnst liave said that his duty to the crown of this eomilry, and tlie general instructions which he had received from the minister of the crown, did not j)ermit him to lake that course', and, therefore, he could not agree with the ICxecutivc Council to carry into ell'ect the wish of the majority of the Assembly. That is allowed. Does not. then, this very exception destroy the analogy you wish to draw. when. u])on so important a point as that ol' ibreigu affairs, it cannot i)e sustained? Again, neither could this analogy be maintained with regard to tradi; between Canada and the mot in r country, or Canada and any foreign eonnlry; how, then, can you adopt a |)rin- ciph' from which such large exceptions are to be juade? If yon were to do so. you would be continually on the borders of dispute ami conflict ; the Assembly and the executive on the one hand reepiiring a certain course to be pursued, while the Governor, on the other haml, would be as constantly declaring that it was a course he could not adopt ; so that instead of fiirni-hing matter of cojiti'ut and harmony in tluse l*ro\ inces, you would be affording nen- matter for dispute and discontent, if yon were to act n[i()n this Mipposed analogy. IJut supposing yon could lay down this broad i)rinciple. an as ministers (>f this great empire. I will put a case, one merely of internal concern. lh:it occurred only the other day. Let us suppose that an officer of militia in Upper Canada, after an action, was to order that the ])ersons taken in that action should be put to d(Milh on the Held. 1 can conceive it possible, in a state of exasperation and con- ilict with the people of the neighboring state, that the Assembly might applaud that conduct, ami might reiiuire that it shoidd be the i-ide, and not the exception, that all invaders of their territory should be treated in that mannt'r, and that the j)arties should be ))nt to death without trial. Supposing that to be case, could the government of this comitry adopt such a rule ? Could the Secretary of State for the Colonies sanction such a rule, and not decide, as his honorable friend the Under Secretary had done, that such a practice would meet with his decided reprehension? l! ^^:^ LORD JOITN RUSSELL'S SPEECH. 217 It Wii'^ (iiiilc impossible to allow it to Ix; laid down as a jrciicral |)iiiiri[)lc tlial any [lart of" the {rovernincnt of this country, conducted by ministers liavini:; tlic sanction oi" this House, shall be overrnleil liy a Colony, and that such Colony shall not be subject to the j^^eneral supei'iuteiiilin,!; au- thority of the crown of th<'se realms. J can conceive, sir, and T think that it would be the. part of wisilom and of justice to say, that there are matters alFectin^ the internal all'airs of these Provinces, — that there are matters in which neither the Im[)erial Parliament nor the general go\ernment need interfere, and on which they shoidd i)e anxious to con- sult the ieelings of the i)eople of the Colonies. It seems to me, >\v, as much u rul(! of sense as of generosity; that there are some (jui'slions on which it would not be desirable that, on the o[iiuion oi' the Seen tary of Stale for the Colonies, the opinion of the House of As-emlily should be put on one side. 1 know no reason why the Legitorily negatived. The House met on the last day of the old year, some defect in the jury laws requiring an early session. Her Majesty's gra- cious acknowledgment of the " attachment, liberality and gal- lantry," of the Province, was communicated in the opening speech. The reports of the delegates were submitted to their respective Houses, and they were thanked for their diligence and ability. Much had been accomplislied, but it was evi- dent that while a good deal of temper and antagonism had been exhibited at the Colonial office, on the main questions of responsible government and the civil list, there had been no material concession. It was quite apparent that the latter question never could be satisfactorily settled while the Execu- tive was hostile, and that the only way to insure harmony be- tween the Ci,ueen's representative and the representatives of the people, was to have the Governor surrounded by those wdio enjoyed the public confidence. Mr. Howe, giving ample time for all the dispatches and reports to be printed, and for the Executive Council to be remod- * These letters fippeur in the second volume of this worlc. t Cumbcrhinil, rarrsboro, Windsor, Shelburnc, and Lunenburg. ifect IS evi- had of no itter ecu- be the who RESPONSIBLE GOVERNMENT. 219 ellcd, if there was any such design, moved on the 3d of Feb- ruary these four resolutions : — Ticsoh'pd, That it is llie opinion of this coinmittco, that for many years the best interests of this Province liave b'^en jeopardized, and its prog- ress retarded, by th<; want of Iiarniony l)etwecn the different branches of tlie government, and the absence of that cordial coiiperation be- tween the representatives of the people and those who conducted the local admini-^tration, which, in the view of this House, is highly desira- ble, if not indis})ensable, in every IJritish Colony, to whicli a Constitu- tion, modelled after that of the mother country, has been granted by the crown. Resolved, That it is the opinion of this committee, that during the struggle, which, since 1837, this House has maintained, with a view to reduce the expenses, improve the institutions, and purify the adminis- tration of the country, it has been met at every step by an inthience, which, while it was beyond the control of the Assembly, has wielded the whole power and patronage of the government, to baffle its efforts, and thwart the wise and benevolent policy avowed by Her Majesty's Ministers. Resolved, That it is the opinion of this committee, that in approaching many of the important questions to be disposed of in the present session, the House of Assembly f((.'ls embarrassment and difficulty, whicli it would be unwise to conceal, either from the government or the country at large, and that it can anticipate no satisfactory settlement of those questions, until the P^xecutive Council is so remodelled as to secure to this House the aid of the local administration in carrying out the views of the Assembly, and in %cilltating any negotiations which it may be necessary to conduct witii Her jMajesty's government. Resolved, Tliat it is the opinion of this committee, that the House of Assembly, after mature and calm deliberation, weary of seeing the' revenues of the country and the time of its representatives wasted, and the people of Nova Scotia misrepresented to the sovereign, the gracious boons of tlie sovereign marred in their transmission to the peOj)!e, do now solemnly declare that the Executive Council, as at present consti- tuted, does not enjoy the confidence of the Commons. Lord John Russell's dispatches, conferring in fact, if not in precise words, new constitutions upon all the Colonics, had been published in the meantime. We give them in the ap- pendix. A message had been sent by the Governor General IM ,. ii !'i : i i ■ II ti a 'i w^ 220 nrsroNsmi-R fJovEiixMENT. to 11i(! Parliiiinoiit of Ciiiiacla, in whirli Iho Uvo Tlonses were assured "that lie had received Her Majesty's eoininaiids to administer the iifoveriiineMt of the Provinces in aeeordanec with the well understood wishes and interests of the people and to pay to their feelini^'s, as expressed through their repre- sentatives, the deference that is justly due to them." In New Brunswick, Sir .John Harvey at once recognized in the dis- patches " a n(nv and imjiroved Constitution," and by a circular memorandum he informed tlu^ heads of departtuents that thenceforward their oilices were held by the tenure of public conlidence. In Nova Scotia, we had uo messages, memoranda, or acknowledgments. The Executive Council, conscious of their vmpopuiarity and want of infhience, held their places, and were proceeding with public business with an indiftercnce to public opinion which could no longer be endured. In moving his resolutions, Mr. Howe spoke to the following effect : — ,*'. I 111 rising to offer a scric^s of rosolntions to the committco, lie could not but t'X])ress his regret that the duty had not devolved on sonic one else. lie wished to ]>rovail on those gentlemen, who had recently acted as the delegates of tlie House, who had been so extensively trusted and honored, and who had lieeome familiar with the course which it misflit be wise for the House to pursue, to submit these resolutions to the committee. They, however, considered tiiat, as he had taken the lead in former measures, he should hav'c the honor of the care of these propositions. lie tlien wished that some more aged member of the House, some one possessing more weiglit, and belonging to what was called the popular party, sliould open the debate, and confer some autliority on the propo- sitions by his years and standing in the country. Tliese gentlemen also thought, that from his [Sir. Howe's] long acquaintance Avitli some cpies- tions, that he would be more familiar with the topics discussed in tlie resolutions than they could be, and they also urged the duty on him. In approaching the subject which was to engage the attention of the committee, he felt borne down and embarrassed ; he felt that they were approaching questions of most vitsU importance to the prosperity of the country, and to the standing and character of the House. They were about to decide wlietlier there should be in Nova Scotia those wise in- stitutions which would require but little future change, and which might be haiuled down with pleasure to their posterity ; or, whether they were ir the /ere the i'cre in- light ,crc RESPONSIBLE GOVERNMENT. 221 to Ptajrgor on with the imperfect, dangoroiH system, which existed up to the present time ? Wiiile tlitis borne down with tlie imporlance of his puhject, iuul impressed with the inadecpi.-vcy of his own iibihties for their advocacy, he il;lt constrained to say, willi the Roman orator, " II(>ar me for my cause," — for my cause, which is yours, and the cause of the country at hirge. All felt the importance of tlicse subjects, and he trusted, therefore, in dealing with them, that however imperfect might be his manner, the House woidd deliberate calmly on such arguments as he should bring forward, and judge of them on their own merits. lie admitted that he was in some degree cheered by what had occurred since they had become members of that House. When they met for the Hrst time, it was only natural that those who thought with him, should have some distrust of his temper, or judgment, or intentions ; that those who were disposed to think favorably of the prineiphis which he professed, should be afraid that he would go too far; and tiiat those who were oppo-ed to those principles, might be excused, if they attributed seltish. reckless, and am- bitious views and feelings to him. lie trusted, however, that what h.ad occurred during a lew past years entitled him to appeal to the; committee for some confidence, and to a-k from his usual opponents the calm consideration of the questions which he should submit. He trusted that the subject would not be decided on ancient prejudices. He believed that all felt that this matter should not be looked at in the light of party, nor be influenced by any former discussions; that it was not to bo governed by partialities or prejudices, but was to be weighed according to the arguments adduced. He felt that he had a claim on the confidence of those who usually thougiit with him, and on the calm consideration of his opponents; and he was thus cheered, more than he otherwise would be, in the task which Ik; had undertaken. The House might look back with some complacency to the progress of the country, since they met for a (irst time in 18.'J7. Previous to that period, what was the actual state of th(! affairs of the Province? Public expenditure had gone on steadily increasing ; some efforts had been made towards economy, but very rarely according to any system, or with any success ; the expenditure was growing greater — the power of the people to reduce it, less ; and the official party in the country gri_:itly predomi- nated. Need he say that they felt that in 1837 that party was then powerful, and the House powerless and prostrate ? The Province was then slowly recovering from a deluge of paper, which was as iri'esponsible as the government by which it was issued. The agri- culture of the Province was at a low ebb, and the markets gave a verj 19* 1 i 1 i 1 f i r m i '.'■' I :.-!'•! i '|it>: i ■ M: 5 r i ] ilii «)0 RESPONSIHLK GOVERNMENT. un.^atisfactory iTfiini for wlwif \v:h prodiiciMl. Commnroo was ilpprosscd, vessels were roltiiii; at. the wliarvc^. ami iniilual distriHt ])araly/e(l exer- tion. Tlie yiiiiiij^ men of tlie I'rovincf; were ilyin.iJ? from it. as j'rom a plaee where there was no fii-ld for IioMoral)le ambition; ami no stream of emiL'i'ation was sn|)|)lyin,!^ ihetlemamis for population. A consith'rable public debt had been eontraeted ; — lie would not call it heavy for a eountry like Xova Seolia, but it was eon-ideralde ; — and while the txeneral ex- penditMH! wa> ineirasin^. all that could l)e j^iven to the improvement of the roa,()()(). That was the state previous to the meetiu;; (tf the Assembly in l.S!}?; and what were the appeai-auces now? lie madc^ the-e references that they might ascertain what steps had marked the pro'.nrss of their didiberations. and what might yet be taken without fear of eoiHeijuences. Now, at least, emi- gration troin tlie Province was stoj)pe(l ; some of the young men who had gone away had returned, in many eases, no doidtt, taught to value their own couul ry by what they had seen abi'oad. Traih; had revived ; com- merce had been (devated in its character; and the merchants of the couul ry stood as high in foreign countries as perhaps any body of such persons on the continent of America. The currency had not been tampered with ; the revemie was llouri>hing. and a sum of i'.'iO.OOO was in ihe Irea-^ur}'. He did not say that all this flowed from wise legislation, from liie agitations that had distin'i)ed the harmony of the Assembly, or from an\ operation of that House : the blessing of Providence was the great cause, but the Hous(> might take some credit ibr the (dianges that had been experienced. He believed that the views exhibited in that Assembly, and the princi})les propounded, had cheered the peoi)le in their exei'tions; had i)i'oved that that House represented the feelings and interests of the country; and had given early promises of reform, which had a beneiieial ellect on the minds of the population generally. A few minutes might be spent in inquiring how those promises had been l.'ept. The i'.'^OOO provided by a recent bill, would pay off cvfy farthing of the debt which that House had contracted. They thus j)aid off a portion of the debt to the rich, and, by means of the savings' bank, had given the poor the means of a useful investment. 15y the measures of IHol, they had saved about .£.'5000 a year. Arrangements made by the delegates, in post office affairs, would cause a saving of about £1000; and the expected union of the customs and excise, would save another £1000, with reference to the port of Halifax alone; and the bill that passed a few days ago, for juy this review he wished to show to the Assembly, that in taking another step, there was nothing in the past to terrify — nothing in the chimeras that had been conjured up to prevent that other step being taken, and a constitution being fixed for the country. "What, then, Mas the reputation of the I'rovince abroad? While other Colonies had gone into rebellion. Nova Scotians had main- tained their allegiance unsullied; tlu'y, as far as ]M»ssible, occupied a position in which they helped to calm the angry passions of those who Iiad been dangerously exciied. Ibit when a fitreign enemy attempted to cross the frontier, how did they act ? They did nothing more than they ought to do; nothing more than he hoped their children would do under such circumstances; but they did thai, which, at least, was no dishonor to the iVssembly. In the adjoining Colonies, that Legislature was con- sid(!red as a body following out constitutional reforms, and willing to cooperate for that purpose, but entertaining no disposition to weaken the connection with the mother country, nor to sanction that which was not wise, and was not founded on the constitution of the government under which they lived. "What was thought of the House in the neighboring States? They said, that, jterhaps they received more fair play there, — a more rational interpretation of their institutions and conduct, than in y [ Up 1 ■j :" I 'I fl, 224 nESPOXSlDLK COVERNMENT. fin. lil l^i m- ;hi M: }: ^-^ Oilier Colonics ; l)iif lluU wlicii tlicv inlcrfcrcd with tln' iiHt rijrlits of llift I'roviiUT, wlicii tlii'y iitlfm|)lc(| lo iii\;i(lc tlic .-imclily of r)i'ili,>li noil, tlicn (lie A.-sciiilily of N'ovii Scoliii stood in llii- foi'cjiroiiiid of opposition. Look to till- iiiollicr coiiiilrv, ami wliat was (Ik; Provincial reputation liiere? 'J'lie aii.-^wcr was given in tlie extract from Lord Noriiianliy's dispatcii, which the (Queen's representative had placed in his speech at the openiiiL'' ol llie ^e.»>ion. and which was so honorable to the llonso. This repiilalion, he lioped, they woidd siip|)ort l»y tlie wisdom of their future iirocecdinjis. Tliis Ix'inii; llie case, tliey now came to grap|)le with a (pie-lion of girat moment lo the present jreneralion, and to jjoslcrily. He might assert, ihat tliey iiad earned from each other some mutual eontidence and support ; and from other Colonics and the mother country, ;i fiheral inteiprelation of tiieir actions and feelings. They had cleared from the field of discussion many iicrplexing questions, and could now appioach that important matter with a single object in view, which, if obtained, would speedily settle all that I'emaiiied. If he were a.-ked, what was that sed it, in one shape or another, on the attention of the home goven: nient. AViilioiit that just system aimed at, there could be no peace, no good government, in any country. l>y the settlement of it, no question could again ari,-e, in the present generation, which could greatly disturb the harinoiiy of the country. There would be struggles between parties — there would be minor abuses to be corrected; but no agitation re- specting organic changes, to cause any general annoyance or apprehen- sion. In approaching this question, he would ask, was it new, so far as the experience of the Asseiniily went ? It had been said that the view had been learned Irom the Karl of Durham. He []Mr. Howe] admitted, thai, as i-espccled ihal nobleman's opinion, he was glad lo have such authority in suppoil of his arguments ; but it was not learned from him. This House had asked for a government, responsible in local affairs, before His Lordship saw this continent. He would refer to the address of 18.j7 ; in that thej' asked for such responsibility as would assure to the Province the i'air influence of its Legislature, in all mutters, and the spirit of the Urilish Constitution. The address of 1838 was of Ihe same character, and ihe report of Earl Durham did not appear until the spring of 18u'J. He was happy to have the concurrence of so celebrated vl f„i RESPONSIBLE GOVKHNMENT. 225 a man ; btit lie tliouj^lit it nkcil for rcsponsihlc fTovoriinicnt iicfoi'c that docu- niciil hail appcarrd. He would Iroiihlc the (■oniiniltcc wilh sonic extracts iroin il, to siiow the opinions of His Lord-hip on tin- snltjccl. [llcn'^Tr. IIow(3 read tlu; following passajre from the Karl of Durham's report.] " It is but too evident that Lower Canaila, or the two Canadas, have; not alonf! exhihited repeated eonllicis hctween llie Hxeciitiv(^ and the popular branches of the Legislature. The Representative body of I'pjX'r Canada was, ])i,'fore the late election, hostile to the policy of \]iv. jfovermnent ; tin; most serious discontt.'iits have only recently i)een calmed in Prince Edward Island and New Urunswick ; the govern- nu'iit is still, I believe, in a minority in the Lower House in Nova Scotia; and the dissensions of Newfoinidland are hai'diy less violent than those of the Canadas. It may fairly be said, tliat the natural state of r^overmiient in all these Colonies is that of collision between the Executive; and tiie IJi'presentative body. In all of them the administra- tion of public affairs is Inibitually conlided to those who do nut coiiperate harmoniously with the popular branch of tiie Legislature; and the government is constantly pro|»osing measures wiiich the majority of the Assembly reject, and refusing its assent to bills which that body has passed." "That they might cooperat(> harmoniously" in this Province, was the object i)i' th(! i)ropositions he intended to submit. It wt)ultl be jierceived how strongly His Lordship contrasted the aflfairs of the Upper and Lower Provinces of Canada, and commended the po- litical sagacity shown by the former. "The relbrmcrs, however, at last discovered that success in the elections insured them very little practical Ix.'netit. For the oilicial party, not being removed w'len it i'ailed to eonmiand a majority in the Assembly, cctntinued to wield all tla; })Owers of the Executive govern- ment, to strengthen itself by its ])atronage, and to inllii(!nce the policy of the Colonial government aniiil tlicir own |nii|)oolli, in faet, desired (lie same oitji'et, namely, an cxleiision of po[)iilar iiillneiiee in the jj;overnment." He (rusted that the Assemldy woidd coiieeutrate its powers to obtain (his object. He trusted that tiu^ (ineslion wonid not be viewed as u pt'((y, parly (piestion, bat as a ureal matter, in the honor of seKlinj; Avliicii, all mijiht parlieipate. " [( is not in the terrors of the law, or in (he mijiht of our armies, (hat (he seeui'e and honoi'able bond of eonneelion is to be fonnhi|t lu're >tates. thai in doin^ justice (o the Colonies in giv- in<^ (hem r)rili>li iustitntions, the mother coinitry would be relieved, and (he armed I'orce, now required to maintain order miiilit be withdrawn. Let these instiliitions be uiven. and then, if irreat clian^es were attempted, (lie population would not o dy exhibit disL^racefid ingratitude, liut wcadd fall fi'om those inslitiuions which had l)een handed down by their fathers, and the efficacy of which had been so fully proved. " In Knjrland (his pruiciple has been so loiiu; considered an indisputa- ble and essential part of our Constitution (hat it has really hardly ever lieen ibund necessary (o iiupiire into (he means by which its observance is enforceil. AVhen a ministry ceases (o coinniand a majority in I'arlia- iiieut on great (piesfions of policy, its doom is sealed, and it would ap[)ear (o us as strange to aKeinpt tor any time to carry on a government by means of ministers ^lerpetiially in a minority, us it would be to pass laws with a majority of votes against them. The ancient eonstitnlional rem- edies by impeachment and a stoppage of (he supjjlies have never siiiclatiin's Iia\i' IV('(|Hi'iilly stoppfil till' siipplic-; — if lliry have liai'i'a-;><'il piililic servants hy imjiist or Iiar.-li inipe.'iclimeiil-.. il was because tlic removal of an impopiilar :i(liniiiit not ;it national regulations, in arrange- ments respecting the army or navy of the empire, or the prerogatives of the I'arliaincnt or crown? What was th(» power alluded to? I'ower to influence those who conducted the local administrations within the Prov- inces, and who had the patronage of local appointments in which the mother country felt no concern, which could have no influence in her general affairs, or those of the adjoining colonies. He Avould turn for a few moments to another publication to show tho opinion of another statesman on such subjects. It was tho speech deliv- ered some months ago by Mr. Macaulay at Edinburgh in w hich was forcibly pointed out the distinction between legislation and adrainistra- tion. ^^'^ •' ■ * il 1 1 1 , iri \y 0«)U ni:sp(>Nsiiii.i; (jovkknmknt. "'riuTc i>; a cuiuiiioii rrrnr; il i- tmc llml I ^Imiilil nol lie Mirpiiscd in find fvcri amoiii; tlic rc<|)c('tali|i limly dial I iidw adilri'--. liir I liavf I'oiiinl il aiiKHi;^ iiu'ii iml only of I'lliii'iuinii .-iihI '.rninl :iliiliru->, ami ^ii'iicrally spcaUiiijr, ciiliL'lilriird \i(\v-, Iml aUn i\i'irdii;;_d\ ••(ni\ cr-aiil willi |pulilic lilt"; I aliiidi' Id ill iiMiiioii rri'ur (if iliiiikiii.:' dial in |in!iiii'-i Iruji^ja- tioa is every liiiii;.; and adiiiini''lralii>ii nniliiii'j. " Il seems .slraiit^e iIimI |ie(i|de -liniild not lie aware dial il i- nl'ien lietler In lia\ e an iinrernrined -y-leiii III' law-, adniinislenil in die >|iiril ol' reliirin, llian a relnriiied >y-li'in adniini-lered in a spiril lio^lile In relorni." The speaker illiisl rates liIs po-ilinn liy a \aiie|y nj" ri'li'rencfs. Instead of dweilini:' on il any loii'ier. !i(>\ve\er. lie [ Mr. Ilowe] would liirn lo aiiollier aiididiily. wliieli lie was ennlidenl would Iia\ e wei;,dil willi llic' ('(innnillee, and die (|uolinL' v. This was not an anlhorily iiadiiieil lo u;o lo the exiremi' on the lilieral side, howevei' he iiiiulil hi' supposed liy -oiiie to l;o to an extreme in an oppu'ile direclion. lie [Mr. Howe] lidt ,L;lai' at this fui'lliei- evidence, that there was a ehaiiee of all uniting on this iiuestiou, and of ;ielliii^^ it tail of the way. w ilh die olliei' mailers thai had heeu settled l»y the House. " I have. .My Lord, die ulm.ist respect for the repi-eseiitatives of the people of die Colony to which I helouu'. I ino.-t sincerely desire (liaL the two llcMises may I>c enahled to le^i.-latc harmoniously and usefully, and I fully assent to the sentiment expressed in one of the resolutions of the House of Assemhly passed in die last session, that the temper and spiril of th(> local administration sliould he in accordance with the opinions and wishes of llu' irreal majority of the people. " I hav(> dw(dt the more at lenj^th on this suhject. My Lord, hecause I conceive that little more i- reipiired to advance the hap[)iness and pros- ptM'ity of Her jNIaJesty's subjects in Nova Scotia, who are devotedly attached to her royal ])erson and szovernment, than to secure to them a constitution in form and spirit as nearly as jiossible assimilated to that of the parent state, thus eiiahlinir them freely and inde|)endenlly, i)y means of their local leirislation, suhject only to such restrictions as an- necessarily incidental to the ivlalion hetweeii a Colony and th:reat nation to which they belong ; to develop their own resources, control HKspoNsiiii.i: (;ovi:iinmi:nt. >)•)() '111 ;i lluit •, i.y arr ctro- jjrcat nti'ol uihI Jiiiiiiiijr'' iliiirliliiliims, ami. ill a uonl, l<> aiiirliiiralc llnii- own social ami iMililiral niiidilidii." 'riir-c were M'liliimiils liniidialilr Id tln' wiilrr a-t a lad- iiirinlM r dl' llic JldiiM', as a iiii'IiiImt df ilir oilirr liraiicii, aiiil ih a Nova Si-diiaii. ('crliii'.' a ilt'i'p iiilcrcst in lln- wcllarc of liis native lainl. l\ lie liail .-rai'i'licil all llir Cdldiiial liliiarirs Idi- a sti'diii: d|iiriidii in raXdI'dl wii.'il III' \vi-lli'i| Id 1 1 1';^!' (Ill illi' lldll^r III' I'dllhl lldl liaVi' ldl|||<| niir wliicli lictli r .-nilrd Ills |ini-|id~r llian llial jiisl I'rail. Was iidI llicn llir |ii'dpd>iiidii lii'l'di'i' llic lldii.-c llii' lan^rna;^'!' ol" cdiiimdii srii«', ami in at'Cdrilaiin' willi tlic i nli'il u|(iiiidns dl'llu' l''ail iippd-c tlic line Id lie inn acrn-s ihc cdiinlry, ilm Idumlalidii laid siirclv. ami llic Iracks ciinipli'liil ; -iippdsc every lliiiiii' ildiic dii ilic best ami iDd^t lilici'al M'alc, l>nl m* rcliirns i-cali/ci|. I'pli) llial, llic Vcsull dl' li't'l'lalivc aclidii was liai'iiidiiiiiiis ; liiil if llic iiHicci's appdiiilril Id ailiiiini>lrr il> ailliirs, in-lrad ni' cdmliicllnir il wi^i'ly ami Ipcin'j- cid-ily rcspoii.-ililc Id lie L!('iicral linily. aclnl iinpniili'iilly, dirrctly lliwarliil lln' views dl' llic sliarclidldci's, and did iml acl\iid\vlcilL''c llicir conli'dl ; cmild any lliin;,' ImiI evil rciioiis, — 1 1 icy wen^ reipii red to do still iiiorc to sectii'c the well hciii^r oi' the cdiintry ; th;il there wdiiid he III) security until they tdoU diie step i'lirlhcr, iiiilil lliey had cai'ried out llic principles of llic rc-dhiiidiis, and made the local jio\ crnineiii har- iiioi i/e with the Lc^dsl;itiirc. This should he done, if they would pre- vent the possihilily of every lliiiii: which had hceii elleclcd hcin^ rever>ed or rendered nn,i.''aldry. They ,-lidiild mil rc.-l satisfied uitli what they had accoiiiplislied, hut oiii^dil to ;:;o on to secure and perfect their woi'k. The ('oiintry nui^ht. he swept hack to the ])rcdicaiuciit in which il for- merly stood if the House could not, inlliiencc the adiniiiistralioii, and answer the wishes of the people l»y providinijj for ^ood j,'ov(M'iiim'nt. To tc.-l the principles which he advocated, he had jireparcd four short reso- Intidiis, the lir>t of which he would now read to the House, Jicso/rci/, That it is the opinion of this coinnnttce, that f()r many years the hc>t interests of this Province have been jeopardized, and its u ^^m\k I i J ' l! I li m •>■,^■^ '^.r*ii i 1! <]\ lit 230 RESPONSIBLE (iOVERNMENT. progress refardcci, by the Avaiit of liarniony bctwrcn llio (liflrer'.'nt branches of the govevnineiit, and tlie aljscnce of that conlial eofipcra- ration between the representatives of tlie peoph' and those who eondneted the local administration, which, in (he view of tliis House, is hin His Excellenc)' was about coming out ; it was then granted as a boon which was to mak(> his government popular and to satisfy the Colonists; they were allowed to g(.'t married according to their own notions. The Pictou Academy dis})ute was another cpiestion which agitated the Legislature from 1818 io 18.01. jNIajorities in that House carried bill after bill, and resolution after resolution, before that was disposed of. It might be said that the Executive advisers were right in that part of their conduct ; but that was not the question ; supposing the House to be wrong, ought not it to hav(> the power, in a local matter, to carry the Executive sanction ? The Pictou Academy question was whether an institution should grow u\) which was favored by large por- tions of the people. It was fmally destroyed, and the very feeling that created it then, began to build up another, which now existed, half acad- emy and half college ; and the ([uestion of colleges was to that day in .some degree embarrassed by the old dispute. He made these references io illustrate his views ; he did so, not to create any unpleasant feeling, but as he woidd refer to a volume of history. The second relation, which he would submit to the committee, was a follows : — licsolccd, That it is the opinion of this committee, that during the struggle, which, since 1807, the House of Assembly has maintained, with a view to reduce the expenses, improve the institutions, and purify the administration of the country, it has been met at every step by an influence, which, while it Avas beyond the control of the Assembly, has wielded the whole power and patronage of the government, to baflle its eflbrts, and thwart the wise and benevolent policy avow(xl by Her Maj- esty's ministers. That resolution did not refer to the history of the country, but to the experience of the present House. He thought he need hardly say a word on the dilficulties of the last three or i'ouv years ; they were frt.'sh in the minds of all. There was scarcely a sul)ject of im])ortance to the constituency of that House, that had not to be fought for inch by inch against the influence of the local government, instead of its b(Mn;.i found cooperating Avitli the Legislature, as, to a certain extent, it undouotedly m '^H ■ i u i' 1 ■'1' ;'r ■,l.-i ■ iH 1 .'..., Mi ": I ' I IJ'U, I I sm v; • i 11 If *■ ]»*;. 'i J 232 RESPONSIBLE (iOVERXMENT. 11 ; oiiirlit. lie ncctl nol refer aguiu to the old matter of" re>oin(liiig, when the House irave way to th(.' prc-siuM.' of tliat innuence, rather than eaiisu a LHcaf hiss to tlie eoiintry. They would not aet over airain the brandy dispute, and they yielded; iMit ^'•ciulenien around him would well reeol- leet with what feelings. IL; need only refer also to the opening of the Council's doors. lathe spring of l.s;57 what was experienced? The other Iiranch was not then a Legislative Council only, it was the Execu- tive of the country. Almost every thing that the Assembly asked at that time was declared to Ik- nonsense, or to originate in republican i'eel- ing-, or disallection ; and it was saiked for a proof of that, he would give the following illustration. The government asked the House for a civil list — the House passed a bill, which they thought gave sullicient to tin' pul)lic oiricers : he voted tor it, and would vole for it again, and he believed it gave as much as the country should give; but lil I s' % ■%,^ i KKSI'ONSII'.I.K (iOVKIiNMKXT. ^ I i u- ill Yomiu' sMid lliiil llicrc wmiM he no (lill'iciilly llicii. Mr. 1 Iiiiitiiijftr.ii ^;iiil lliMl llic ( ;ii\ criiur IkkI iii-tiiiclidiw to |i;i-s ;iii_v liill lli.'it llic two hniiii'lirs .'-liniilil jiLircc to. .Mr. llnwc cniiiiniicil.] If ^o. dirrct .'ul\anl;i,L:i' wuiild .■iccnic l)v llu' ••ipiilicnlioii dl' lilici'iil views (iii llic olliri' l)r.Mii(li. Ilciliil iidl a-U llic ili-mi-.-al III' ;m\ 111" (lie iin'sciit mciiilii'i's dl" llic I,i'L;i>lali\(' ('oiiuril. luil ihr iiil'iHidii nl' llliccal opiiiidiis as xacaiicics iicriniTiI. ainl niu' iir two Vdlc^ wmilil 1m' oI" niiicli ('(iiisciiiiciicc on .-oiiif iiu|Miiiaiil inra-iiiTs ; llic |ialroii;!!L;(' of ilic l'",\('ciiti\c Coiiiicil would al'-o lia\c MiiU'li iiilliniici' oil -onic in \\\f oilier I('i.'.i>iali\(' In'aiicli, where (liere werealwavs menilu'i's w lio y.:\\i' due alli'iilioii lo sneli mallei'-. 'i'lnH, n i-e. lair, and leuiliniale inea-iire-. niiulil lie ]ire--ed li_v llie I'lxeciilix c on llie oilier tiraneli. in-leaii ol' llial lirancli lookini:' to llie iiower anil l>al iiiiiaL;e ol' llie l''.\eeiili\ e Tor aid aL'.ain-l llie llonse. lie would now l)a>- lo a Milijeel llial eoneeriied all who !i''ard liiiu. and llial concerned llie ri-iiiLi' Licneralion slill inor<'. The |irevailin^ senlimeni of the Assem- lilv. on juildic ediicalion, wa-, lo pa-s a hill h\' which li'ood coinnion school ediicalioii .-lioiiid he e\t(aided o\(re\es,-ment were adopted, aiitl the u'oxcrnment received the jiower oi' aciinu' on il. what wraild lie the ell'ecl 'r The men who siipporled pojuilar candidates in the coiinlrv, would he so aiiiioved and irrilaled liy the action iindi r ihe hill, thai the niemhers unpopular with llie li'overn- nieni need never expccl to see the in-ide of the Assemhly room aijain. Thus miuht he made to operate as a curse, that which would he in- tended as a hlessinji'; and those were the ilillicultics ihat made the llotisc* ]>aus(> and hesitate almost at every steji of their p.roLrfess. They were prepared to deal with I'ducation in a proper spirit. Iml were the li'overii- ineni prepar(\l lo deal wisely and fairly with llie delails? Was there a man. on wiial was called tlu> popular side, who did not feel that liie niomeiii he sanotioiied such a measure, he placed a W(>ai>ou in liie liaiuls of the local pfovernmenl, which would he wiiddi'd to destroy his intiiteiu'e in his county, and turn him iVom ihal Assembly? 'J'o reverl lo the stili- ject ol' the roads ot' the Province, there was a sum of t'.'ld.iXX) in the trea-ury. and when they came to expend il. they would have to pause with imicli anxiety. lie felt that t'rom exiierieiice. During- last session he t'elt it a oomitliment in the House to ])ass a hill, fzivin":; i''J(*()l) to- wards opt'iiing the eastern road. Tli(> six nieml)ers inleresti'd in the line, al'ier much lluniLrht. a;j;reed on its expenditure, and on the commis- sioners ol'ihe work. His KxccUency was inConiiod ot'this, hnt the road was handed over to oilier:?, willioiii any regard (o previous arrangenientsi 111- ~(> •vc rii- IT !l thr ii.ls U'C ll.- u: use ion to- tlu- iiis- :v\ 'Ills nKHT'ONsiiti-K (;()V1':I!NMi;nt. 235 rospocliri!^ ihc unrts (o lie (irsi mIIi'ikIccI Io, or ilic (•oiiiiiiissloiicr-:. We, (Ml ;mii('v<'lcii), ami until .-onic chanui' siioidd he cjli'drd. the linii^c iidt dial liii'V coiild nol ;j;o into ;iny i^rcal iiii'a^iiri' oi' puliiir iiii|iro\ cnirnl. M(^ adniillrd that, (hiriii'i la-t sc-sion, wiidi ihcy sn|i|Mi-cil ilial Ihf cni'niy wen- in tl:c Held, liicy iiirLfot all ^ll(•ll matters, and supplied iIk; re(ini>ile limds. liiil what was their po-^ilioii? So Jealous w.as IIm; House oi' the Ivseciil i\ e Coiineil, lli.il il wai\cilllie ii-iial eoiirli'sy, struck their names oiii oi' the hill, .and lel't tin' m.allia' to the (Joveiiior per-on- allv, ill order tliat they luiLihl have .-oine respon>ihilily Tor the expendi- liirc o!' the money. lie ininht ilhistrale tlii-- in a \;iiiely oi' ways, and miij:hl exhiliil lli.at tin' want ol" some elVieient check inlerl'ered with |in!)- lic improvenienis of ever\' dc^cri|ilion, in a. manner lliat would nol he supposed jifohahle Iiy aiis' who were not ai'i|iiaiiiled \\ith the i'acls. He ri't'eriN'il the other day to the wilderness lamN ; — it' the laml ollice were conneeh'd with a wi>e system ol' cmiLiratioii, and thai ii were. determine(l to carry on a coi-re^pondence with emiLMation socielii's, (lir tli;it jiiirpose, and (o adopt .aclive mea-nrcs for addiii,;^ Io the jiopnla- lion of iIk' I'rovince, — if lliey re.-olveli, — did any man think that tli<'y would have the sanction of the lociil irovcniment, or the concurrence of the olllcia' iiilei'e-;|ed ':' lie did nol wish to speak liai'shly of any individual, hiil the he>t that any could s.ay of that oilice, w;i<, that it was ;i :-ort of sleepy department, in which if tlier( was no ai'eal harm ilone, there was very little good; — vcrv little revemie was i)roduced hv il, ami il was vi'fy sliurhtlv con- nc'cled with the iinproveUKMit of tin' I'rovince. Another ipieslioii, was llie union of the cnsloms and excise. On this Ii<3 hcliovecl that some ollicers would coiiperate with the House, hut others might not, and the assistance of the local goverinneni might he rcipiirtMl on that .also. The House knew well what weight that branch liad with the Kxeeutive, I 1 i ]!■' i ;; ' a M i'i ; f ■:'■! il :M S 1,". ' 1 nvl ) ,: M ■HI 1 }■ f ■ 1^;^ i' i ,[ ^,i. r \'} •! f:V nEsroxsir.LK coveijxmhxt. wlii'ii tliry iii(('iiiiit(,'(l lo (i)ii('Ii oHicc ; tliosi.' who wcir not assured on this point need not ^(>t(' lln' the I'csohilioii. Fiiisl winter the Assciiihly voted money to hnild ii Bridewell. IIoav w.is llie ^nliject i(r()])(>sed to the House by the Kxeenlive? There wiis not M >iniile per-oii who could tell whut sort of a buildin;; it W!i> to 1)C, or what mode was intended to he lollowed. They passed the vote, with- out the ordiiiaiy int'ormalion re(inisiie ibr huildinu; a barn. Instead of that. Ilie matter should have <'o!ne down as a jrrave |iroposition, roeom- niended by the (Joveriioi", ])erfeet in its details, and havin^! soint^ one re- sponsible Ibr its progress ; some one to abuse ami censure, and, if nc.'cd bo, lo turn out. if the money were mi-applied and wasted. They had to deal wiih it, however, as this year they would have to deal with a hospital, which ihey were called on to build, and which was a ir<)od measure, and should have his support ; Imt it, and all such matters, ou.uht to come down Irom the Executive, with all the ]>lans and ex]danations which were i'e([uii'<'d to guide the Assembly, and whicli would alfoi'd some guarantee for the proper ex[)endilure of money, lie bidieved it would be i'oimd that nearl}^ all the appointments in the country would alVord additional illustrations of the working of the svslem. Look at Yar- mouth: did the representatives of that place, who acted with the popu- lar parly, enjoy the patronage of the county? No, but a little jtarty did, which included about one-eightli of the population. Turn to Digby; did the popular meml)ers for that district enjoy Executive conliilenoc and patronage? A year or two ago, they got a bill Ibr erecting a ses- sions house in Clare but \\ui local authorities laughed at them, and the measure had not been carried hitherto. If any otlice were vacant thiM'e to-morrow, would a i)erson reeonnnended by llu^ member for Digby bo appoiined? No, but if one conld be found conspicuous for trying to turn that gentleman otn, such an individual, probably, would be the successful candidate. In like maimer, they might refer to the eoinity of Ann.'ipo- lis. "Was the representative of that eoimty a man who would give iriju- dieious advice? was ha a wild, intem[)erate character? Had he not, by hard, honorable industry, obtaineil a stak(; in the country? and should not such a man have weight with a govermnent ? Yet, did any one require to be told, that if a person were seeking any government favor there, ho woidd not be seen si)eaking to the honorable gentleman [3Ir. Holland] for three week.- before his apiilieation. The party in fiivor there were well known; it was a little clitine, which Avas, to all intents, the local government of the comity. Coming lo Kings ; there were three mem- bers Ibr that county who generally acted with the majority in the House, and one who was generally arrayed against it. Did they find those three M'\ IJESPONSIBLE G0VEI1NMENT. 237 liaviii;j; iiifliK'nco in tlio coiiiily? No, (liat would he at varlaiu'o with llio system; but tlm mcinhcr (if tlu- Kxcciitixc, Council wa-; llir man who stood sujicrior in such mattcis to th(' otlici- tlnvc. To com o to Hants; suppose that ]Mr. Cloudjr(! or Mr. ^rcIIcH'y, or INIr. Smith, happencil to ri'pirscnt a county in I'aijfland, would not llicy liavc inliucncc in th(( jrovcrnnieni, whih; tlu! party who stoo(l in (i[i[iosilion to them would ho excluded, to a certain extent, until il urcw up lo he the majority? Uiit liow was it here? He would answer, Iiy alluding lo what he himscir re- cently remarked to some of his own con.-.tilucnts. He told them, if they wanted ollice, they should connnencc ahii>iMenlatives wasted, the people of Xova Scotia misrepresented lo the sovereign, and the gracious boons of the sovereign mari'cd in their transmission lo the people, do now solemnly declare that the Executive ("oinicil, as at pre>ent constituted, does not enjoy the confidi.'uce of the Connnons. That was a i'air endeavor to carry out the views which he entertained; it aimed at tliat which was recommended by the Eai'l of Durham ; it was in accordance with the ojiinions exjire.-scil by ^fr. IMacaiday; it was that which was shown to be just and necessary by 3Ir. AVilkins. It was a fair, manly stej), and nidess some such resolution passed, they eonld not grapple as they ought with many questions. Supposing the object to be good in itself, they had to impiire was it constitutional, was it Urit- ish ; could the House be justified in seeking it; was it sanctioned by ihe mother country's j)raetice, and the maintenance of her supremacy? There, when the members of administration Ibiind that they were not supported by the general body of the people, they yielded their situation 'iiv; un tiM,! ■> Wi '' I'Kv^ ,( ■, 'i ;ri u ■' ' i; t 23 S ni:sroNsn;Li: covkunment. iiilo other liiinds, and he ('(nild not luit rcLrnt ilial the Kxrciitivc Council now cxistinir, iintl tlinsc ol' I'orni'T years. Iiail not at times acted in llie spiril (if tiie l'.i'iti>li |iraelice. He i'ec(dlected oecasidiis in wliieli lie coidd not liMt feel, tliMt it' lie were in the sitnalion of any one of those jrenthinen, nolhin;; would induce him to sit another day at llie lioard, in hosiilily lo the spirit of the |io|iular Iiody. Durin;^ last session, wliei\ an enemy was on the confines, and the Assenihly came forward like a hand of hr(»thei's — when all a])|ieared as one man — lie said to the honoi'ahlc pciilleman for the town of llaliliix [.Mr. liell], "Now wonld he tln' time lor the I'Aecntivo Council to act with that mafj;naniinity whicii wouM do them honor; to say to the Assendily, yon have all sMpported the general •:;overnn)ent, have maintained the loyally of the people, have acted with spirit and lilierality; in heaven's name, then, let us hreak down all bar- riers Avliich have hitherto divided us; throw in stu-h a lunnber of your members into the Council as will make all htirinonizo ; let the foreign inva-ion lie the signal of peace and harmony throughout the country." II' he had been one of that boily at, the time, nothing would have iuduceil him to forego that opportunity, liut llio time went, by unimproved, and those who votecl the money, were le.'t without any inlluenci' or voice in its expenditure. The time passed, and the same system I'cmaiued, to annoy throughout the sunnuer; the same to meet the House in the dis- cussions of (hat ilay; the sami' s|)irit of extdusivenciss, the same o|)posi- lion to the views which the House urged, and which he, hoped they would urge iMilii successful. liut, admitling the end sought to be desirable, it might be asked, was the mode Ih'ilisli? He would (pu)te the case of Mr. Pitt, as illustrative of this subject — it might be thought an unfortunate one to (piote, as IMr. I'itt retaini'd ollice for some time in oj>posiliou to the voice of the Coin- luous. but he would explain that as he proctM'ded. In ]7ent ministers in their ollices, is an obstacle to the formation of such an administration as may enjoy the conlidenec of this House, and lend to liut an end to the unfortunate divisions and distractions of the country." He would now quote some })assages from the sjieeclies of ]Mr. Fox on the sidiject. licferring to a proposition tiir a coalition with jMr. I'itt, lie said : — "He j)rotested that every other oonsideralioii was, in lii.s oi)uiion. m %. r • l; il nEsroxsiiu.K covkrnmknt. 239 llic IK'll H to on Mlt, ion, (riviiil jiiid ol' no \vci;xlit — tliiit no ^ncrilicc \vii< (on p; re at to lie nircrcd ;U swell il i-liriin' ; nml llial ln' would 1:0 any Ifii.t^tlb' willi jiiiy man wlio woiilil sliaki' Iiaiids willi liini in llil-; (nily jilDrioii-;, truly |ialriotii', ami tnilv foii^tiliilioiial LMoiiiid ; and In' ua-i rrady to own, lliat tlic ri^ht li()noraI)l(' j^ciiticnian liad always a|>|n'arr(l tn liini as aiinini; at the, saini; "ircal anil dcsiraliN' olpjcct. '• As on this snlijcfl, liowcvcr, li<' wi.-licd to ('(inccal nolliinir, ln' would f^ay tli<' only siispicioM In- tntcrtaincd, and wliicli had oi'ii^inatcd ia tlm mode Iiy which ihr rii^hl honorahic ircnlh'inan ohiainrd and kopl posses- sion ol" ])owi'r, was, that he •■nlrrtaiiii'd an opinion that tin- crown niiLrht appoint a niiaislry, and pcisi-l in snpijoi'iin;; lhcni,who had not the con- (idcMcc of (he House. He wi>li('d lie laiudit find the suspicion ill- founded, hut he dreaded to lind il tfue; lor then a luiion on such a pi'in- cipie was iinpossihle. Il went lo dcpi'ive this country oi" an executive! frovei'unient in which iIh' people Imil any concei'u, o\ei' which they could exei'cise any control. All ihe iiislanees of vittiui^ money was on a pi'ineiple of coulidence. The niiui-tei-'s inilui'u<'e iu the llouso (h'pended on what con!iden<'e lliey had iu hiiu ; h(! was their trustee; (o tlieui he was re-ponsilile i'or every article of puhlic; ex]tendilure." In l-aiuland it was not considereil necessary Ihal the I'arliani'ait .should ]n'i'i'er eharp's against the niini.-lers to cause their retirement, ir the House oi' ("omiuoiis ehanticd ils mind couceruinj; the policy ot' the ])arly iu power, the ministry had to yield to the pressure, iuid make room li>i' others moi-e consonant wilh the popular views. Thus, (he clashinir between ih.e Assend)ly au the reason for ri'limiuishing a principle, which, ever since its prevalence, has been marked with the most striking ailvan- tages." INlight he not ask, " what could be the reason for relinquishing a prin- ciple " in the Colonies, so highly prized at home? U' M ■, ■ • i*'l \l i-- .! ■ i 210 iJKSrONSllll.i; (.'OVKUNMliNT. l\Ii". \\>\ ((iiilimicil : — '• Ilr trii>lc(| llic llrniiii'-s. ilic iniiLMi.'iiiiniily of thiil xirtiioiis Mini rc^pccliililr iiiiiinrilv, wlio li,'i<• iniirli. would not, (Icx'il llirni on llii- <'iilii';d ;niil Irving ral to llir inajoi-ily who had >o luii^ Mclrd with liiin, and done so ninch lor thoii' counli-v. "That it had cmi- hrcn an r-iahli-hcd and nndcrsiood niasiin. (hat niini>l<'i's oiiL;ht not lo iiinain in oHiri' who liad not the ('onlidrncc of thai House, was lo lie jirovcd hy a n rci-cnci" lo the most rcniolc |ii'i'iods of oni' history. So loni^ aiio a- ihr fciLiii of llcnry l\'., wlicn llni iialMi'c of our ConslitMiion was Imt lilllc known, an ap|ilifalion had lircii made to thai nion;inh IVoni rarlianwnl. t()r thr removal of cci'tain of lii.H ministers; when Henry, wilh the >|iirit of a lii'iti-ii kinir. Ii.'id said, * lie knew no eairse wliy they should he reinoxcd, I>ul only hecaust! they were haled hy ih" peojde. Yet he eliarired iheni li> depart from liis liiuise, ;i('<'ordinLr 'o liie de-ire of llie ('onunons.' This answer, uliii'h would lia\i'e i^l' ('(unmons conse(|ui'nlly \vere possessed of the power of pmiini;- a ne;:ative on the clidiee of ministers; thi'y wei'c stationed as s^euliuels hy the pcoide, to watch over whatever could mor(! or less renioiely or nearly allect their interest ; so that, whenever they discov- ered in those Mominalcil hy His 3IaJeV(>ral trreat ollices of stale, waul oi" ;d)ilily. want of weight to render their sitinilions respec- tahle. or want of such principles as were necessary to irive eflect to thn wishes of the House; in any or all of such ca-^es, they were entilled to ad\i>e His [Majesty airain-t employing such persons as his I'aithfid ("om- inous could not trust. 'J'hey would then say to such ministers, and say it with the Lrreatest ])ro|)riety, ' We admire your ahililies, we love your virtues, and we wish your politics were of a sort to excit(^ our admira- tion mid conciliate our eonlidence ; hut your system is inimical to tin; object we have most at heart. "We wish to increase the weight of the, people in the Constiliition ; your object is to lessen their weight. Wo are anxious to establish a strong, an ellicient, a nnited ;idministratioii ; you endeavor only to preserve one which possei«sc.s none of all these quali- im;si'()Nsiiii,i; <;()vi:iiN.Mi:NT. 'Jll m • (I lower iictl as |r li'ss isi'ov- /(•s of -pce- Ito llio. Ilcil to Coiii- |(1 say yoiii" iiiira- () the l>l' the, Wc jitioii ; [uali- tie-;. A\ <• would litiiml an <\('nili\(' ^oviiniiiriit <»ii |iiil)lii', npni, ime- (|uivii an- t'liileavoi'iii;^, in its room, to |iei'|M'iiiate !i cahal. \N'e as-( it the eontrol of Parliament whenever the ^emial inlei'e>l reipiire-; (heir inlerrerenec ; yoii are attached only to what yon inia,u'ine is tlie inde|irnilenee of llir |irero;.'alive. In .>horl, we are the (Vieniis of thi' |ieo|d('; they made n:^ what wi- are; to them we are aeeoiinlaldi' ; and for thiin as lai- as the ('on-lilnlion hears ns out, w(! will act ; Iiut yon avow sentiments ,-o materially ami flatly eontradielory to these, that we are lioimd in dnty to withhold from yon that eoididence, which yonr avow<'d allaclnnenis and opinions nmst inevitahly lead you (() alnise.' " In liie re--ohilions hciore lln' committee, the nienJiers of tin; Mxecti- li\f ( iovernniiait were not attacked a^ indiviilnaN, Imt complaints were made that they were inllnen I l>y principles juid I'eidin^^^s which were, not in harmony with those of the cpri'>enlalives of the, conntry. Mndin;;- ihi'ir lirsl remonstrance inellecinal, the ("onnnons |iassed an iuMi'ess, a siniile para,^raph of which wouM -how that thi.s resolution did not ,i;ii lieyoiiil il in >lrenL;lh ol" laii.L;;na;{e : — "'I'hal as Hi- .Majesty's faithful Commons, upon the inatiu'cst delihcr- ation, cannot hut eon.-ider the continuance of t]\r. in-esenl. ministers as an insin-monntahle ohsiade to His Majesty's most ;^raci<»ns jairposc! to ('oii\ply with their wi-lie-. in the foi'mation of such an administration as His ^faie-ty, in eoncin'rence wilii tin' nnanimons resohilion of this I louse, seems to thiidv I'cipiisile in the present exi;ieneies of the coiuitry; they feel themselves hound to remain lii'iu in the wish e.\press<'(l to His Majesty, in their late hmnhle address; and do therefore, lind themselves obli;[;ed a_u,ain, to heseech His Majesty, that he would he ^^raciously j)leased to lay the foundation of a stron,!^ and stiihle government hy the l)revious removal of his pre>eiil ministers." That was the way that such matters were j)ressed in (he mother country. Such a course was not followed of late years, for tin; hest of reasons — iIk^ ministiy did not re(|uire such maiiilestations of feeling; they not only retired when louml in a minority, hut sometinuvs while they fommanded a small majority, hut I'elt the opposition formidahle. Pitt continued to hold the reins of government, because he and the sov(Teign believed that the peojjle were in I'avor of his administration, although the Hous(' of Commons for the time being were not. At the m.'Utcr hy a ilis.><»liili(»ii ol'llii- limine. Dill ;iiiy man wlm kinw llii' cniiiilry — who IvcoUcctcd lliMt tlirrc were III) rollcii liiiniii;.'Iis here Id ii(';.'ali\t' tlit' |i()[). lilar voice — IhUcvc llial iiiiy, cxn-iil very Irilliii;,' riian-ii's wmiltl arise from 11 »li>-()liiti(iii ol' ilic llou-ir? Tliry cfiilil nol. In MiiLiianil iIk' country ua-^ in favor of .Mi-. I'ill ; if il wiis not, neither lie nor llic crouti C'onlil liave ke|)i in ilial parly for a day. Tlie House was in the position to ffive tiie adviee, inchided in tlie re>oInlions, to the jiovernment, and the ^overmneiit was liound to earry il out, except thi'y should tliink tiuit an appeal to tlie peopli' would heller lln'ir coiidiliou. jle uiijjlit he nsketl why he pressed the mallei- in this mode, iu-tead of hy an address to tlic crown)' The rea-ou wa-, that, fortunately, circumstances had chanjied receutl} ; there was now no occasion to proceed hy adilre,-s to Her iMajesly ; the CJoveruor of the rrovinct; had the [jower to allonl the remedy sou^dit. It was oidy necessary for that Asseinldy to phice its opinions on recoi'd, ami the ( iovernor would he hoiuid lo act on them. In proof of this, he would linn to llu; di-patch of I^ord .John Russell, and ti'ouhle the House with an extract: — " You will understand, and will causi' il to he maile jirenei'ally known, that, lierealier, the temu'e of Colonial ollices ludd, din'inif Her iMajesty's pleasure, will not be regarded as e(juivalenl to a temire during good be- havior; but that not only such ollicers will be called upon to retire from the public, service as often as any sunieieul motives of puldie policy may suggest the expetliency of that measure, but that a ehange in the person of a Governor will be considered as a sullicit'ut reason tor any alterations which his successor may deem it expedient to make in the list of public functionaries, subject of course to the future confirmation of the sovereign. These remarks do not extend to judicial oflices, nor are they meant to apply to places which are altogether ministerial, and Avliich do not de- volve upon the holders of them duties, in the right discharge of which the character and policy of the government are dii'ectly eoueerned." That did not provide for the continuance of officers during good be- havior, but made a change consequent on the pco[)le fancying that mischief, not good, was the result of the executive policy. Judicial of- fices were not to be meddled Avith, and his resolutions did not attempt to touch any of the judges, or to affect any of the settled tribunals of the country. Heaven forbid that those should be ever disarranged — that they should ever depend on a vote of the House or on the will of the crown. The character and policy of the government was the touch- stone, and they did not seek any other. After enumerating the officers who were to be affected by the dispatch, the Colonial Secretary went on to say : — m Ri;SPONSinLi: COVEnNMENT. 13 may lions )iiblic L-ign. it to (le- .'liicli be- that al of- ipt to the that the jiich- lioers lit on '•To tlii» li»t of |nil)li(; riiiHtioiiaries must also he aiMiil, ihr iiicinhcr-i nl' ihr Coiiiiril. i«|M'cially in tho-r ( 'dIoiiun in whit'h the Le,L'i«hilive ami Kxeciitivo CuiinciU arc ilililiitiou on which the House tni^rht act, — on which they mitrht take the step pro|)f»sed, and thus test the matter, and discover Avhat view was entertaincil here on the sidiject, and whether, in reality, it was an improved Constitution — wdiether, indeed, on the Colonies have been conferred the l.enelits of responsible j^'overnment. It struck him as curious, that tlm dispatch was received in a neighborin;:; Colony as a new Constitution, and thai a circular on the subject was sent to the of- ficers of government, mul was published in the Royal Gazette, while in Nova Scotia, as far as the public had the means of Judging, no notice had been taken of the document. He could not but regret that the ex- ample of Sir John Harvey had ncjt Ih'ow i'olloweil here, and that they had not got some clue to the views of the Executive. He did not wi-h to assert any thing, nor even to insinuate, but to show the supposition which seerecy led to. Suppost; that instead of a circular recommending the dispatch to notie(\ similar to that of Sir John Harvey, the executive government here had forwarded a remonstrance against it, might not that have been done? For all that the Hou-e knew, might not the dispatch have been resisted on the very threshold. In this Province. It appeared to him that the House could not continue satisfied, without testing that new Constitution, — without trying whether it really were obtained. His opinion was that the dispatch did give responsibility ; that it bestowed all that was recpiired by those who thought with him on the subject. In England there was no law by which ministers were bound to leave oiTicc ; the Commons had nothing more than the Assembly would have if they passed the resolutions proposed, and if they should be acted on III i\ t i4'.. •! ;i •i: ■*.''' '. '■''.' ' 1 ■, ' h I .-iUM M 244 RESPONSIBLE GOVERNMENT. J'' m it' by tlio local pov(>rnmciit. Tf the ro^olutions passed, ami if a good gov- oriiiiu'iit (bllowcd, as lie lii-Iicvc(l it would, tlicu an riid would be put to that warfare between the liepresentative Iiraucli and the Executive, wliieh had existed since liis eliildhood. Tile position in which the TIouso had been, eonld be readily ilhistrated by a rele-rencc to the history of .some of its members. lie might tell the House that their 8i)eaker, for a number of years, fiom his talents, and eloquence, from the. number of his friends, and his length of services as u representative, at one period representing three counties at a time, was in a {losition to have as much weight and as extensive influ- ence as any man in Nova Scotia ; but was that his exjieriencc ? The reverse was notorious ; and, alter the brandy debate, in which he op- posed a minority of three, had he not to go once or twice to England before he could secure that which had become his right, — the very oflice which he now holds? Although he was the favorite representative of Pietou, and to some extent of the Avliole Province, one or two persons in that town could bv' pointed out, wlio, though only a few weeks in the country, had had more influence than the speaker in his palmiest days. He might tur*; to the exami)le of one who had chosen a path more smooth and flowery than that of i)olitics, — the late member tor Annap- olis, JNIr. Ilaliburton, — and what was his experience ? That gentleman, while in the House, was in hostility to the government of that day, and a certain gentlemt-n of his C(nnity enjoyed all its influence, which was denied to one whom the people had elected and the House had sustained. He was reminded of another curious example ; it Avas that of Mr. Stewart, now absent from the Province. He at one time was very pop- ular in his county, and led majorities in that House ; but who had the patronage of Cumberland? Who enjoyed the ear of government? One who was known to hate that gentleman most cordially ; he alluded to the Hon. IMr. IMorse. He did not refer to these examples for the purpose of exciting feeling, but for illustrations, which those on the other side — if there was another side, and lie hoped on this question there was not — would acknowledge to be just. Need he refer the As- sembly to the example of the late 3Ir. Young ? Who would refuse to do justice to the talents and abilities of that memlier of the House? He was conspicuous for intellectual superiority, and was the representa- tive ol" a large county, yet wIkmi he made his highest efl'orts in that House, and at a time that he attracted most admiration by his luminous essays there, twenty boys on the streets of the capital cbidd be pointed out, who had much more iniluence than he could command. These were past illustrations of the system. > ■'! llJJO ? intii- lliat IIOU.S In tod RESPONSIBLE GOVEIiXMENT. 245 The committee, however, might ask, was the course now proposed safe, and Avithont risk? lie acknowhidged tliat there was one risk. i;nd lie warned tliem of it. Tlicrc was no danger of collision with the Gov- ernor, in passing the resohitions ; they were in accordance with fi consti- tutional course, and did not infringe any prerogative of the reitreson- tative of the crown. There was no tear of any collision witii the Legislative Council, for that body was not even alluded to in the resolu- tions. There was one I'isk, nevertheless, and he would state it frankly. There was a risk that the govc'rnnient might take a stand in opi)osition to the House — might say that they did not represent the people of Nova Scotia; that, although the su[)porters of the resolutions were a majority in the House, they did not represent a majority of the country, and, therefore, as soon as the session dosed, the House might be dissolved. That was the risk, and the only one, and he incpiired whether they were prepared to encounter it? Sliould he be toM that the body which passed the Quadrennial Bill three times were afraid, under that penalty, of passing the resolutions now proposed ? If a dissolution should follow, he for one would eheerfidly appeal to his constituents. There might be much ignorance in tlu; I'rovince, but he believed that the people well understood this (piestion. He would prf)eeed fii'mly in the endeavor to procure a good government, and would say on the hustings, that the ma- jority had done thi.'ir duty as far as they could — that they had made what attempts were in their [)ower to improve the institutions of the country; and that the ([uestion was then referred to the people, who were called on to decide who were I'ight and who wrong in the matter. He would pass those resolutions, if certain of being thrown back into private life. He would rather do In? duty and pass them, than be there and be afraid to pass them, though he should sell his independence for fifty seats. If he, indeed, were the agitator, which some declared him to be, if ho were disposed to perpetuate evil instead ol' doing good, ho would wish that not one of the resolutions should pass ; for it was as certain as that they sat there, that so long as the present form of govern- ment continued, so long would the country be the tit theatre for dema- gogues, and would hold out temptations to agitators, which he was most anxious to remove. He looked for the final settlement of measures which caused discord, and for the combined action of the Legiskiture, from which public .strength, and improvement, and prosperity, would proceed. He might refer for a moment to the charge of personal ambition that would be made against himself, as that might be said to bo his chief or only object in urging those measures. He would answer before the 1 ip !t )Hi if ..li: ,' t I I I ■1 ' 1 ■ 1 iii^. i L, ijii i]', 24G UFSrOXSIIlLE nOVERNMENT. I .', ^ ITouso and the ('(niiitry thai if even lliat were llio. ('as(\ lio liad a riglit to cultivate propor niiiliitidii as avcII as other iiumi. ITe liad a rinlit to win and to enjoy any ollice nnih'P thc^ crown to whicli he owned aUe- giance ; and as Iomij; as he did so, projx'i-ly, and without any sacrifice of duty, none had a rijrht to complain. On a former occasion he hamon who usually o])posed him, and whose taunts he should meet and deserve, if he sold the confidence of the Assembly for any place of honor whatsoever. He did not say that he would not take a, seat such as that alluded to, but he would only accept of the honor, if liis acceptance were sanctioned by the House, and on the condition, that so soon as the House should expi-ess any want of confidence, he would resign. Last year, when the delegation cpiestion was introihiced, fearing that any sup[)osition of his wishing to be appointed would be an obstacle to his advocacy of the measure, he declared that nothing should induce him to be one of the delegates. If it wei'o necessary fin' the passage of these resolutions, he would make a similar declaration that day, and would pledge himself that he would not take any seat or place, not only under tlie ])resent government, but during his life. If the House desired such a pledge he would give it, and he only refrained from doing so. because he believed that they did not, and that they had confidence in his integrity. He tru-^led that on this (piestion all considerations of jtetty ambition, all ]>a-t liickiM'ing and all jealous feeling, would be merged, and that men of all parlies would unite to give a Constitution to their country. What signiticil the little distinction that the word honorable could confer; what Avas the and)ition of filling even the chair of that House, to any Nova Scotian, compared to the honor of being instrumental iu coulening on ition, men ■What what ova 12; on RESPONSIBLE (JOVERNMENT. 247 his roiintrv the just principles of tlie lii'ilish Constitution? lie trusted that ('(intentlinp; opinions \voukl be set aside in passinir lliis measure, and tliat none woidd 1)(( l()nn(l i>ei-si.-tin,L^ in opposition. Tlic ari'anirement of" that important matter would indeed still leave -omt." ean.-<' of slruL'i^lc, but it would 1)0 the struirirle of parties to se[ ot' ,-uch discussions, there the most active spirit of liberty per\a(led the laud; liut then they would not luive to deal with oriiauic chauLrcs ; — with the i'rauie work of institutions. The man who builds a house which satisfies him, lias busi- ness to attend (o within it ; and although Iw may repair it occasionally, lie does not meildle with Its foundation, nor pull its IVame to |iieces — that would be the situation of that J.ej^islature on the seiilemeni of this matter. Ho hoped their lejrislalion woidd lesemble the course of" a mighty stream, which foams and (hishes over the obsti'uclious which it m"ets in its desc<'nt from the mountain side, but when it gains tiie valley sweeps on in maje ''c calnmess, eni'ichiug and beautifying all ai'ound. If lu- had the el.)(|iienc(; which he couhl dcsirr, and wliicli was so necessary for the occasion, and that might lie mor<' iullueiuial in induc- ing the passage of" the ivsolulions, he woulil have acord Xormanby. Ibit iiow, when a more rational system [lervaded that coimlry, it not only >ent troo[)s to Canada, and ofli/red to divest itself" of military when tlay wert^ nee(Icd cdsewdiere, but even i)ro])oscd to raise almost any numlier of men that could l)e recpiircd, flir the imrpo-e of keeping in order the reckless and tiu'bulent in other parts of the kingdom. AVouId it not ])<• wise to settle this matter for Nova Scotia':' th(,' other C(donies would fdlow her exam- ple, and one after the other would adopt those rational and beneficial in- stitutions. He would fe(d proud and liappy that the commencement of these great changes should l)e laid hei'(s and that they should extend into all the l>ritish dependencies. W he wished to operate on their feelings. li mm ■ I: I'll ¥ 248 KKSPOXSIULE GOVERNMENT. '4 i; IW f) ■'I and to add (brco lo liis arLnmiciits he niijilit do so; lie might loll llicm tln'y liiid arLniinciits bciicalli lla'ir own roof's. Sliould it lie said tliat the "\viv(.'s thry held to their bosoms only embraced tlic scmliliiiice of Uritous, — men diverted of the iiio>t vahiablc I'iirhfs of liritish subjects? coidd they look at tlieir children, and fail to aiipreeiate tiic position in which they might be placed ? IJcject the resohit ions, allow the old system to continne, and wiial woidd l>e the residl ? Their posterity would have on one side the i-eiiellions of Canada, and on the other the re|)nblicans of tlie I'nited Slates, while neither peace, nor s<'cnri •}'• nor strength, was vithin then- own bord er: Ibit, if these resohilions wei-e passed — if that ])rccedent of good Brit- ish g()\crnnient were set tor tiie other Colonies; it' none could stand up to administer the government wilhonl enjoying the confidence of the country, he believed the elfecl would be peace and prosperity. Looking to the results of this state of things, lie felt inclined to say, give us this iioblc! fabric — give us what is the dislingnishing characteristic of the British Conslitiuion — give ns the lierce democracy combined with the stron<' executive ijive us that under which our f'atl ler.- nro- pc rci 1 in tl le mother country — give us that wbich was so bright an example to Europe, and which JOiirope in vain endeavored to (Mjual, and all fears ibr the i'u- ture state of the Province would be tlissi[)ated. In Kngland the princi- loi irished, but, looking acro.-s to France, what did th ■y sec I.ou IS riiiUi pe contending lor tiie jirincip .h )u which the local goveriunent of Jsova Scotia had been acting, and declaring, in practice, that he was the only minister in his kingdom. In ICnglaiul they saw a little girl, Avlioin he was proud lo call his sovereign, wield uu I firm sceptre. V^' (■re it not for the noljle constitutional forms tiiat called her to the throne — were it not for the fine and manly feelings of the nation which sustained her authority, what power had that girl to control the millions of her empire? There she lived, ju'oud, respected, ha]>py, — fearlessly walking the parks and streets among her people, — while, if they crossed the channel, they would >ee the [lalace of tlie monarch almost in a state of seige, his cham- ber surrounded by guards, and his metrojiolis like a garrison in an ene- my's country. AVhy was this? Jiecause that sovereign thought fit to act on the principle pursued so long by the local government of Nova Scotia. If the House felt disposed to follow the French example, and lo repudiate the example of their brethren at home, then let them reject the resolutions. But if they took a different view, and if all parties came f()rward to give their sanction lo the British j)rincii)le, and to se- cure liiat which was tlu'ir inheritance as Brit ons, 111 what position then would tlieir iJO^terily be ? The sympathizers might come from the West : !fi. ' i; of the lom c it Avcrc licr re? irks they im- nc- to ova and ject ties so- lien .'st ; RESPONSIBLE GOVERNMENT. 249 the slaves iniglit rise in the South ; tlie Canadians in the North might menace, but h't tliis Constitution ha jtossessed, let its invigorating and heahng inHuence pervade the land, and lie wouhl he inehned to say, with Sir Francis Bond Head: "Let tlieni eonie if they dan ."' Yield this hooii, and half the soldiers might he drawn I'roin the ('(donies, and, as they increased in population, they might strengthen (heir form of government, ■which would, like the atmosphere, yield to every necessary pressure, preserve the balance of lilierty, and yet expand witii the growth of their posterity down to remote generations. If the present lame system were not overturned, there would be no security; if it were, the present generation might pass away when their labor was over, knowing that the boys who were sjjringing up to take their places would not have these annoying struggles to endure, but would possess a gov- ernment not eclii)sed by any on earth. The republic might sjdit up into fragments, l)ut they would leav(,' their posterity secure in good govern- ment and saf(>, although perhaps surrounded by a hostile people. If the system desired had protected their ancestors, why should it not be a shield to their children ? and if it would, should they not provide it for them with religious assiduity ? He thanked the House for the attention they had paid to his long ad- dress. If, in it, he had said aught that unnecessarily grated on any man's ears, he there withdrew the imintentional ollenee before resuming his seat. He looked on tluit ([uestion as of vital importance, as of most "•rave character, and he would not cumber it with arguments or allusions which he did not deem esscsntial for its support and illustration. The debates, which commonced on IMonday, conii lined down to Wednesday niglit, by whieh tinu' it was admitted on all hail. ;, that the existing system of government was ntterly in- defcMisibh* ; that the g' ^ ateh of Lord John Rnssell, as inter- preted by the Governor C:loneral and Sir John Ilarvey, did give a new and imjiroved Constitution to the Colonies, and that Nova Seotia onght to claim her right to participate in the ad- vantages of the Consiitniion without delay. Not only were these views sustained by the large majority of thirty to twelve, who voted for the passage^ of the resolutions, but were frankly admitted to be just by the lion. Mr. Uniaeke, who withdrew from the division, and by Mr. Fairbanks who voted against them. The debate thronghont was remarkable for moderation and ilrmness, and the division was of a character not to be misunderstood. ir. ■ii' il 1 !| i ■/■, ;■'! h H'U ' • J ■ ■ * Ii Wi 11 ,H.,< 250 RESPONSIBLE GOVERNMENT. iiiii Oil Monday at one o'clodv, Ihc timo a])pointocl by tho (jov- cmor, the wlioh; House went up with the resolutions, and a short address, reeomniending Ihem to the favorabk' considera- tion of His Excelleiiey ; and received from Sir Colin Campbell the following answer : — '» :S Mr. Speaker, and Gentlemen of the ITonsc of Assemlh/, — The f-ul>jcct 3'ou have i)ro?cntL'(.l to my considcriition in this {uldrc'.-;:^, has, in nil es- sential rfsju'cts, b(,'(.'ii already hroiiL'Iit under the iiotieo of Iler JMajcsty's govcrnmont, in resolutions of tho House of Assembly passed in its lust session. Her Majesty's ministers, after full eonsideration of the subject, and personal conference with delegates trom your body, authorized to advo- cate your views, have exjiressed in the dispatch which, by Ht'r iMajesty's command, I recently laid before you, the judgment to which they had come on the matters of your complaints. Having no reason to bi-lieve that any alteration has taken place in the sentiments of Her jMajesty's government in this respect, I do not feel myself at lil)erly to adopt ain' other course than to refer you to the dis- patch already alluded to, as containing their decision. .Tusticc, however, to the Kxeciilive Council, leads me to say that I have had every reason to be satished with the advice and assistance which they have at all times afforded me. It has ever been, and shall continue to be, my earnest desire to concur in every measure which appears to me tc be conduc o to the best inter- ests cf (his Province. ' ;' n On the return of the House to their own chamber, the Hon. Mr. Uniaek(! rost; and stated, that yielding to the expressed opinion of the Representative branch, and being desirous of facilitating the introduction of a better system, he had thought it his duty to the House, and to Sir Colin Campbell, to tender his resignation of the seat he held as an Executive Councillor, and that his resignation had been accepted. He then referred to the attacks which had been made upon him, by his enemies and by his friends, for his frank admission, in the debate, of the absurdity of tho present system, and the necessity for a change; but declared that neither should deter hiin from giving elUcacy to what he believed to l)e the intention of Her Majesty's gov- ernment, nor from gi\ing his support to the principles of Lord I - ' !; ! RESPONSIDLE GOVERNMENT. 25i John Russell's dispatch, and establishing a local government that should he responsible to, and work harmoniously with, the Representative branch. He then traced bade his conduct as a public man, vindicating its consistency, but declared that, as he had supported tin; government against the Assembly when he believed the latter were wrong, he would not continue to deny to the peoph; what the govt'rmnent had evidently yielded, nor cont(!nd further against tlu^ House, when he was convinced that in principle they were right. When Mr. Uniacke sat down, Mr. ITow(; rose and congratu- lated the House on the result of their dcliljerations. Though it was evident from the Governor's reply, that there was a major- ity of the Executive Ct)uncil determined to cling to their seats, and to stave oft' for a moment the fate which av/ai ted them; still, frt)m that hour, they might date the establishment of the principles for which they had been contending, and of a Con- stitution, of which no power on earth could now deprive them. The resignation of the honorable and learned gentleman from Cape Breton, did him the highest honor; in fact, nothing in the Executive Council " became him like the heaving of it." Henceforward, no member of that House could continue to hold a scat in the Executive Council, in hostility to the wishes of the House; and no uian could ascend the hustings, unless pledged to carry out the givat principU^s upon which he was liappy tiiat the learnixl geiitleman and himself, who had been long opposed, now agreed. He j)aid a just compliment to the vigor and ability which that gentleman had always displayed ; and contrasted his conduct with that of the men, who, while they had relied upon him for their defence, now wished to sac- rifice him in support of a rotten system, which the government itself had abandoned. Mr. Howe, irritated no doubt by Sir Colin Campbell's reply, gave notice that he would move an address to the Governor General. On reflection, he moved for the discharge of the order of the day, for gomg into committee to address the Go ,'crnor General, and submitted the following address. He stated that his reason for doing so was, that he was anxious be- fore proceeding to adopt measures by which a direct censure iii|il WW. M :»! i: »,.;i 4 * ^ ■ ft ;f •■ ' Ai>i)iti;s^< TO sii; cdMN' cAMrr.i'i.i, would !)(' »':isl iipoii His I'Accllciicy Sir Colin ( 'iimphcll, (o r\li;nisl cNciy niciuis williiii lln' I'roviiicr to til»l;rni sjilisraclioii, \villu>iit rt'Sdilini; to lli;il iiltriior slc|), wliirii if tlic I'Acciilivc ( 'ouiicilldis were (li'lrniiiiictl Id piovulxf il, imisl uirnniilrly Ix* ;uloi»IC(l. Till" I louse |i:hI done :ill (licy could, in llic struifijjlcs of tlii'piist iDur years, lo save His l'l\eelleiiey's feeliiii^s; lln'y were disposed l«) do so slill, and lliis I'urtlier slep niiu;lit be taken as a renewed evidence ol" tlial policy; it would i^Mve tlu>sewlio slill elun^ lo power, in llie lace of the deliberate condeinnation of the Asseuihly, an opportunity to rellect, and decide wiiellier lliey wnniil or would not deterniiiie llial the (lovern(>r should \n' saerilicccl to shelter thein : — TO HIS i:\('i;m,i:n('V i.ii.r pknan r (;kni;kal SIi; COLIN CAMIM'.KLb. 1 ':l' '' ill' iT.: r ■, fl :\l n : i:\ Kiiiijlit CoDniiiiiitlir iij' the Mas/ //"i/iirii/>/c Mi/i/itri/ (h-ilcr of the Until, LIriitniiiiil iioririiar iiDil <\>)iiiniiin!ir-!ii-(^liitl' In luuf orrr llcr .)fiij- I sfi/'s Prari/irc nj' \/ii('('l-. liic rc|in'<('iilalivi'< ot' llic Proxiiici' of Nova Scotia, caanol iml ('\pi'<'>s our iiul'ciixncd rcirrcl at llic tenor (>f (he reply, laatlc liy Your I'.xi'i'llciicy lo llic rc>oliiiioiis [la-M'il \>y a la^^'c iiiiijorily ol' this lloii tnic. thai some ot' liic coniplainls iiriicd in lliose rcsoliilioiH, hail hocn pressed npon the altcniion of llcr Majesty's irovernincnt in foriuci" ooinninnicMlions ; hiil we hiiinlply I'oiiccive that the dis[)atch of Lord dohii l\u- at ;i lo>s lo conceive any " motives of public policy" more "snllicient " to render an application ot" the principles of that dis- patch to this Province advisable, than the facts, that a majority of thirty Cllllil, iii;itlo iiy ..r had i.onl , cxiin'-jsly n-lfrrcd In liy ilir Colonial StMTflary, — llial tlicy Iiavc dcrlarrd il inipo-isildf- lo di'iA \vi-^<'ly willi nicasnrcs ol' f^nal iin|ioilan('r lo tlic ;_'ov('rnnu'nt and llic conntiy, nnlil <'(inliili'nf(> Ix'twccn llic I'lNcciilivr and llic Lciri,l!iliii-c lie c-liilili-licd ; and llial, while the only clli, iciil v |ii'c-cii(allvc of tin' local ^'ovcrii- iiinit. in this lloii-c, \\;\< rcij^ncd hi cni, no man ol' any inlhiciici^ in Hii^ Assciiihly can he Iniinil lo divno. |.is tiilcnl-4 to the service of tin; •fovcrniiicnl, while a majority oI'iIm' r.\e|.iiii\e ('(iinn'il |i<'rsi-t in retain- in;^ their seat>, ami Voiir I'lxccllenry declines (o exercise the powers ooiilided hy l.ord doliii l\ii~.-eir> ili p,i((!i. Il is lo this Iloii>e a snlijccl (if deeji niorlilicatioii, tlint while, in a nci,L.dihorin;i; I'roviiii'e, His Excellency Sir dohn Harvey reco^ni/es ihe di-palcli ol" Ihe K'llli ol" ( )ctoher as coiit'erriii'i; a new and improved cim- sliliition on the Colonies, and has expi-essed his determination lo act upon il, — while in (';mada the ( iovenior ( ieiieral declares (hat "he has i'ecei\('d Ihr Maje-ly's cniiiiiiands lo ;idmiiii tcr the ^o\criimi'iit oi'lhesc; l*ro\iiiccs ill accordani'c with the well iinder-lood wi-lies and iiilerecognitioii, by a coiis[)icuous public man, recently clothed with Exiicutive authority, of tin; substantial power of the people, — of the right of Parliament to control the administration of public ailairs. T>('foro T L'tilcr [says ^Iv. UiiiiU'kc.] into lli<' great qtiostion which now iij^itales tlio wjiolc l»rili«li ('(ilmiics. I must state some of the minor reasons ■\vliieh have iniliieed me to take tliis step. 1 feU that, wluitover course other memhers of Her iMajesty's Conneil luiglit adopt, as a member of llie Asseniljly, I owed it to the House to come out from a body wliicli liad been politically condemned by such an overwhelming majority. In vain should I have attempted to stem such a torrent of politicid disap- probation, :ind I paid wlial I considered a due any the amendment movi'il on the adtlress of the House of Asscml)ly, the priiicii)le is admitted by tiie whole House, and the majority of the House, three to one, have determined tlie meaning of this dispatch; therefore, Avliether I am ri!jjlit or wronir, at least I have tlie consolation to reflect, that 1 am supported, Ijoth l)y the rei)reseiitative5 of the people, ■iffi'' III: M t " li 'hhI'i . , :<■ I V i i, I 11 I I' 250 Mil. UN'IA(Kr,'S T.F.TTnn. I; ! •It. and by tliosn wlio luc ]>l:ic(i| in jiiiihority over ii-. The (iovornor Goncrnl says, thai lie lia- Ilrr .Majot^'s CKinmaiiil-i to pay ii tluo (k'ti'rencc to tho well iiii(l(i>io(»(l wi^licH of tli(> people! of llu; l'ro\ iiK'c, lis cxprossod l»y their riprcsciitalivcs; ami am I, one of ilial lioily, not to ilo>o? IStMidin;; with vciicialioii al llir foot of tin' l>rili;^li lliroin', I shall not !)(> found, withoni the ;,'rav»st ni'ci'ssity, to disoiicy the njiiunands of my sovcrt'i;;!!. I fct'l, in payin.' liic deference I have donc^ to tiie llonse, that I am snb- niitlin;; not only to my own fcelini;-;, imt also evincing a loyal revereiico to the will of lh(( <^)neeii. It is not Hn' me to >ay that tin; House of Asseiuldy do not fairly represent the I'rovinee. Let those who think so ascend the hu>tin;.'s, -ind then, perhaps, they may bo considered more at liberty to speak upon the subject. A new Constitution has been conferred upon tho Colonics, and it is the solemn duty of all to combine in carryinj^ out th(-' measures which may be necessary to [)roinote the great interests which this Constitution will most efi'eclually protect. This is but the extension to the Colonies of the liritish Constitution; and while Xova Scotians feel that they have deserved it, and will pride themselves on its possession, they all know that there is no other Hag on eai'lh that can support that glorious Consti- tution, either al home or alu'oad ; and that only in the hour of death, if even then, will their grasp of that standard be rclin(piishcd. INIr. Iltiiackc's coiKliict, ut this period, won INIr. ITowo's entire respect, luid obUlerated tlu' reeoUeetioii of former dill'erenees of opinion, 'i'liey soon after beeanie eolleagues. They retired togetlier in IS44, tind went baek into the same administration in 1848, their politieid eonlidenee and personal attachment being still tinim[)aired. Tlu^y served together till 1854, wlicn Mr. Uniackc retired to the Land Ollice, and Mr. Howe be- came chairman of the Railway Board.* * Till' riilldwin;? cloqiioiit culosium on his frieiul, was pronounccil in tlic session of 1858, !i tow (lays al'icr Mr. Uiiiacko's (loath ; — Ilail the I'roviiicial Secretary lionoved mo only with Ills iiotioe, I sliould not, perliai)s, have aililrosseil ilie House aixain. 15ut ho has dofaniod other trciiiloinoii, who are not here to doleiid tlioiiiselves. ..VnioUL;- them one, who, ("or many i-easons, nii^ht have hoon .-iiarod. Sir, a more aiilo, iio.ioralih,', and distinf^nished man, never ^'i-aced tlic floor of this Assemlily, than my late lamented tVioiid, the llonoralilc James IJoyle I'niaeke. His iiolile form, easy (lo]iortment, i::raeefii! mamiers. and ready How of lan^ruajje, are familiar to many who listen to mc to-day. No nnin who ever graiipled with him, as 1 did in the early jiart of my life, would under-estimiitc "". NKW imUNSWICK. 257 A\'liilc tliis s(riiiri,'I(' was ^'oiiii,' on in Nova Sfotia, tho prin- (•l';!!'.-* iiilvtH-atcd hy Mr. IIowc niid liis friends wen* sfcadily niakini,' way in the Province of \e\v Hrunswick. 'I'lie two Colonies, sepaniti'd only by an iniai(inary line, are essentially one. in orii,'in, political and social aspects, and material in- terests, there are few contrasts to iioie, Ijord Jolni llnssell's dispatch, liavini,' heeii laid Ix'fore die lloHse of Assemhly of New Urnnswiclv early in March, a nnnoriiy (»f diirleen was got \o vole for the foljowini^ resolution: — WhvrcdS, Tilt! avowed olijrct (if conNciiiii;.' this luaiicli (if die Li'i^'ishl- larc. is ti» make st;.tittt's aad urilinaiii'i's Inr, and lo aiK i-c tlie r.xi'ciitivo ;.'()vcrMiiii'iii ill, all (|iir>titiii-< aircclinj^ dir praei', wcIfaiT, and ;:;()(i(l ;;()V- criiniciit of die iiiiialiilaiits of tiiis I'roviiico: And w/icffiis, 'V\w cxereiso of all l!\<'ciiti\c fiiiiclioii-; >liould lie coiid'olled and direi'ttMl with a lii> |iu\\ri>, A luiinl r\(i' I'niiiCiil, a iciii;^ii(' I'MT fliM|iii'iit, liiiiiHir iiioxliiiiistihlc, iHicl patliiK wliii'li I'rw ciiiild i-i'»i>t, woro aiiiuiii;- (lie ;;it'is or !i|taiminiit-i of my Imiior- alilc t'lit'inl. His ri)II()(|iiial puwi'is wcif cncii iikhc inai'vclluii-i than iiis l'(ii(ii>i(' or |iailiauu iiiaiy ili>|iiay-;. 1 1. liannril ihc Sriiati' liy hi^ i'liii|ii('iii hull luW ilcll rlit- f'lil was III' wliiii >iin'ipiiiii|iM| li\- a kiiui cil' liiianl., Inairatli ilic ;;allia-v or mmIciI at llio !u':l(l ot' lli>^ ouii lioMiil: i|. How ol'icii liavc [ tlioiiulit, wlu'ii nir.'iiiiu^ aliroad rils of lioili coHiini'iit-, I till' clioic'i' -|ii iiiatrli till' .hiiui's I'ovli' I niii low rare it wa^ to tiiiir, lo whom, anil to tlie miuia^'cmcnt of wlioeek out the eyes of the iiolile steed who has run his eoiir.-e, even while iiie heart is still palpitiitiiiLC i""! the Mood is warm. What shall I say of sueli foul hirds as the I'rovineial Si i retary and the lionoralde meiiiher for Victoria, who have settleil iijioii the ri'iiiitatioii >>{' my departed friend, even while his ;;reat heart was lireakiiiir ami his iioMe spirit was wiiiu'iny: its upward tli;,dit ? What need ho said '. We all know him and we know them. A serpent may crawl over tlic st.itUO of Ajiollo, hilt the heaiitiful proportions of the niarhle will yet he seen Iieneatli tlio slime. 'That mv I'rieiid mav have hail his errors, [ am not here to deiiv ; hut I ri joiee that, whatever they were, ( lod in his inlinite mercy, and not man in his nia- li;;! ity, is hereafter to he his judge. 1 1 I r i' ( . : '!i N 1 2< 258 ADDRESS TO THE CROWN. P i I .■ iJ spt'tMiil view to llic ntta'miiKMi', of tlio saiiK! objcctsi : And irhrrcas, 'T\\\< comniittoe cannot waive oi- I'oi'Cfjfo the iiilicivnt right of this branch of th(.' govcinnicnt to ailvi>c and as>i-t in such control and dii action, and to remonstrate against the ahnsive exercise of those functions; Thou fun' Jirsolrcd, vVs tiie opinion of this committee, that the House should view the dispatch in (pie-tion, as distinctly recognizing an ellicient respon-iiiiility on the part of executive olliocrs to the Itepresentativc branch of the Provincial govenunenf. Tiic okl induciic-cs wi'ic as yet too stron£^, and the follcnving droll expression of opinion was carrictl by a majority of two : — >lrr(L As th lirsoircd, ivs tiie opinion of this conunittee, that t'.ere is nothing in the dispatch of the liight Honorable Lord .John Kussell, now under consideration, to call forth any expi'ession from the House on the subject of Colonial government; and thai, in the event of any oci'ui'reiice taking place to distiM'b the present happy political state of the I'rovince, the House cannot but entertain tin; oiiinion, tliat any legal and dutifid rcpre- sentalions which tluy may have occa-ion to lay at the foot of the throne, will receive, as they have always done, the royal consideration. Lord Jolni Russeirs dispatch of the 14i|i of Octol)(>r, [See Appendix] ajjpeared in t!i(^ Provinces about this time. 'I'honjrh His Lordship suifi^ested and reasoned npo!i eases in which the power of a popular majority might be abused, or in wii.eh it might become necessary lor ilie crown to maintain tiie pre- rogative, upon the whole, the language of this dispatch was satisfactory, and sirengfhened and conlirmed the position main- tained by 'lie Nova Seotian relormers. On the 2oth of March, Mr. Howe moved the following ad- dress to tiie crown, which was carriiul after a sharp d(d)ate, b)' majorities varying upon the clauses from twenty-eight to four- teen and twenty-iive to sixteen: — TO THE (,)rEKN'S JMOST EXCELLENT ^LV.TESTY. 77/r> HnniUc Address of tlic House of Assenihli/ ty at once re- cognized tiie justice of our eom])laints, and gave positive orders lo your rej)resentative in the Colony to oliviate the possibility <>f tiieir I'eeiirreiice, liy calling around him, into the Kxectitive and Legislative Cuiincils, those who possessed the conddence of the comitry. Had this been done, and Iwul your ^Majesty's eommands, conveyed in the dispatches of Lord Glenelg, b<'en executed by tlie Lieutenant (lovernor, the hopes they raised among an intelligent and loyal populiition, would have lieen realized; and Your ^lajesty would not have be(Mi, at this time, called upon to vindicate your high authority, ami do justice to your people, lietweeii whom and your royal favor, ,'-til)ordinate functionaries have hitherto inter[)osed. Jn almo-1 every essentiid particular, the priin'iples laid dnwn by Lord Glenelg in Jed t(t admit of their lieing mi^undeivtooil. were either overlooked, or fo per\('rt(;d, as to >treiigthen and I'on-olidate tiie power of till' small and ('xclii-ive ))arly, of whose acts and dangerous ascend- ency, the representatives of the people had complaiiu'd. This Assembly, being most anxious to avoid any appe;;"anei- of disre- spect to Yoiu' Majesty's representative, did not. in their -uli-e(iuent remon- strances, vemure to attribute tliis daring violation of Your ]\raj(.'e has maintained, with a view to reduce the ex[)en.-es, im{)rove the inject, and personal conftsrence with deletrates fi'om your body authorized to advocate your views, liavc expressed, in liu.' e rc>oliition.*, bad been pressed upon the attention of Iler IMaJesly's govennnent in I'ormcr eoinuinnieatioiis ; Imt we biiinld}' conceive tliaf, tlie di-patcb of fjOi'd .Tobn Russell, dated Killi Oelolxr, and not tliat of bis predecessor in oifice, dated .')lst of Angnst, to wiiieb Your Kxeelleney refers, is the one by Avhieb all jiarties in ibe Colonies, now and liereaflei-, are to bo governed. We believe that tlwit dispatch not only gives to "^'our Mxeellency tbo power to reniodcd the Executive Council, but makes such changes as arc required to ensure liannony between tbo executive and legislative branches of the government, im])erative. This House are at a loss to c(jnceive any "motives of public policy " more '•sufficient" to render an application of iIk; princi[)les of that dis- patch to this Province advisable, than the facts that thirty to twelve of the mend)ers of the Representative branch have avowed their want of conlidence in ollicers expressly rel'erred to by the Colonial Secretary ; that they liave declared it impossible to deal wisely with measures of great importance to the government and the country, until confidence be- tween the Kxecniive and the Legislature beestablished; and that, while the oidy ellicient representative of the local government in this House has res'gned bis seat, no man ol'any influence in this Assembly can be found to devote his talents to the service of the government while a majority of the Executive Council persist in retaining their seats, and Your Ex- cellency declines to exercise the powers confided by Lori' John Kussell's dispatch. It is to this House a subject of deep mortification that, whih; in a neighboring Province, His Excellency Sir .lohn Harvey recognizes the dispatch of the IGth October, as coiderring a new and ini[>roved Consti- tution on the ('olonie^, and has exi>ressed ins determination to act upon it; while in Canada, the Governor General declares that '• he has re- ceivctl Her ^Majesty's conwnands to admiiuster the government of these Provinces in accordance with the well understood wishes and interests of the people, and to pay to their feelings, as expressed through their representatives, the deference that is justly due to them," that the people of Nova Scotia are to be treated worse than the people of New I>runs- wick ; and that, under cover of a dis[)atch, written before the new policy was adopte(l by a nobleman who no longer presides over the Colonies, principles are to Ije applied to Nova Scotia, whose allegiance is unsidlied, less in accordance with the spirit and practice of the Iiriti>h Constitution than those which have been promulgated for the government of a Prov- ince but recently agitated by disalVection and rebellion. Should Your Excellency, u[)on reconsidering this subject, upon refer- % ADDRESS TO THE CROWN. 263 ring to llio Ciovornor Goiu'ral's !M(.'ssngo of the lllli January, in which hu di'chircs '• Iiis earnest ami anxious desire to discliai'ge the trust eoni- mitted to him in aecordancc with tlie i)rinei|)les announced," still feel comjielled to disappoint the ho[)es of llie pe')[il(' of Nova S.olia, this House will tee! unl'eigned .-orrow ; I)ut in the meantime, they trust they need not assure Your Kxceilency of their desire to [>reserv(,' the tran- (juilily of till! I'rovinee, and to insure the harmonious action of the dif- ferent branches of the Govermiient. The following answer was !i/, — I have given to this address the deep consideration to wliicii the opinion of the representatives of the people is ju>tly entitled. By adopting tht; course you suggest. I should practically recognize a fundamental change in the Colonial Constitution, which I cannot cer- tainly discover to liave been designed I)y the dispatch of the ]?ight Homo- rable the Secretary of State for the Colonies, of the IGthof October, in the manner and to the extent sujjposed by you. In exerci-iug tin- solemn trust connn''!ed to me by my sovereign, I feel it my dutv not to establi.-ii a princi[»le iiivolviug conen ascer- tained. It is therefore my intemioii, iunnediately to Itring to the notice of Her INIajesty's government, the addresses ami resolutions you have lately passed on the subject. In the. meantime, 1 shall be constantly ready to yield my concurrence to any measures you may adopt, which in my judgment, are calculated to promote the welfare of Her Majesty's loyal sul)jects, the pcojde of this Province, whom you re[)resent. This reply, the Assembly arc most reluctant to avow, withered all the hopes which they had cherished. It told them tliat the olllcer who had violated the plain letter and spirit of Lord Glenclg's dispatches in 18o7, was determined either not to understand, or not to act on the dispatch of I^jord John Russcl, and convinced tlicMu that the views of Your Majesty's government would never be carried out by officers hostile to its policy, and who, when commanded to call around them those who possessed the conlidence of the people, were deti'rmined to persist in governing by the aid of those in whom the people had no confidence. If up to the period when their final remonstrance was made to Sir ti: 1..' 2G4 ADDRESS TO THE CROWN. '•ii 1 ii I'f'' !' 1! ^il Colin Camphcll, this TIoupc conceived that there was reason for dissatis- faction and distrust, the recent appointments to tlic LcLrislative and Ex- ecutive Councils have furnished further evidence of a deterinination to perpetuate the system, of Avhich this lloiisi," has .-o frequently com- plained. To some of the jijipointinents to the Legislative Council, grave objections might he urged ; while in the appointment to the Executive Council, the House reco'riiize a studious determination to pass over every niau possessing inlluence, and enjoying the contidence of the peo- 2)le, to do honor to an individual, of whose political conduct this House will not trust itself to spe'd<, hut who certainly cannot bring to the aid of a government which has been for years in a minority, the smallest portion of influenee in the Commons. This House, notwithstanding these gross viidations of the sound prin- ciples laid down by Your ^Majesty, for the government of British 2sorth America, have made ample ])rovision for all branches of the public ser- vice, and for carrying out what they believe to be tlr policy of the Im- perial Parliament, in order to bind in closer connection with each other, and with the [larent Slate, Yoin- ]\raj'.'sty's Colonies on this continent. They have not, even declined to grant a sum, drawn in violation of their privileges, by Your IMajesty's representative. But these supplies have been voted, because the representatives of the peo[do of Xova Scotia coniidently relied upon the justice and f'rmness of their sovereign. This Hou-e are mo.4 reluctant to believe tUat Your Majesty will turn a deaf ear to the complaints of your people, — that while the Governor General has been told that there is " no surer way of earning the appro- bation of the Queen, than by maintaining the harmony of the Executive with the legislative authorities," a ditferent rule will be permitted to pre .-ail in Nova Scotia; or that the fuvo/ of the crown will be extended, in one Province, to a policy the very reverse of that laid down for the government of another. It is true that Nova Scotia is a small Colony, and that Your Majesty may, if you see fit, govern it by the strong hand of power, relying in no degree ii])on the affectionate attachment of its inhabitants, but it is also true, that in no portion of Your Majesty's dominions, are the powers of the Crown and the rights of the peo[)le better understood ; and in none is there a, more determined sj)irit of resistance, by all constitutional means, to a system of Government founded on mere favoritism or injus- tice. From the jjosition the people of Nova Scotia occupy in the centre of the lower Colonies, and availing them Ives of the influence which their loyalty, their intelligence, their firmness and their moderation, have acquired for them among the popidatioa of British North America, they \'' 'iiH MEETING IN HALIFAX. 2g; ': t Avill Hi.'vor ooa?c to fippcal to llic piiMit! (ipiuion aroiiml thorn, to contend af'ainst that system, ami to viiidicato and assert, by every means in their power, their rij:hts as IJritish siilij<'ets. That Your Majesty will join with this House in ohviatinu; the neces- sity lor such appeal- — that you will repress these absurd attempts to govern Provinces by the aid and for the exclusive benellt of minorities, this Assembly confidently l)eli(.'ve; and in a-king Your ^lajesty to re- move Sir Colin Campbell, and send to Nova Scotia a Governor who will not only represent the crown, but carry out it- policy wilh firmness and gooil faith, the Kepresentatives of Xova Scotia [ierli)rui a painfid duty to their sovereign, and to their constituent-;, but reconumnd llie only remedy which they fear, can now be applied to eslabli.-h liarniony be- tween the Executive and Legi.-lalure of this I'roviiice. The debate we cannot ftiid in the newspaper reports. \Vc have a distinct recollection of it. lunvever, and of the peril.s that wen; encountered by thosi^ who took this extreme step. Sir Colin Campbell was a line old st)ldier, who had distin- guislied himself inider Wellington in many a stern enconnt(!r. His maimers \ver(> frank and sociak lie had no ixnsoiial ene- mies even among those wlio op[)osed his gcnenmient. lie had many friends wiio woidd resent what now began to assume the appearance of a personal attack. IJesides, there was great danger that many moderates ])ersons, who had hitherto taken but little part in politics, but whose sympathies wi>re with the re- formers, mjgiit be startled tit this extreme step, and throw their weight into the opposite scale. These considerations weighed upon all our minds, at this period. One or two members who usually voted with the opposition, went over to tlie govern- ment. One or two shrunk from voting for tlie recall. Flve- and-twenty stern men, however, with Mr. Howe at theii head, voted for the whole address, and tlie contest was at once trans- ferred from the halls of legislation to the shire towns of the Province. It was customary, for many years, for his |)olitJeal opponents to call JNIr. Howe an agitator. It is a curious fact thai they set him the exam|)le, and that, up to this period, though several meetings had been convened at Annapolis, and elsewhere, to 23 Mi: ■I '>.'• ■ fi ! ! m\\^ i rP q ■[ f^m^ i: i M 1 i i; ili ' t< 2CG MEETING IN HALIFAX. condcnin lii.s i)oIicy, he had t^carccly ever atlcnded one for any purpose, ouljt those two gentlemen, destined thereafter to test each other's skill and resourctes on many a hard-fought lield. The meeting ended without any expression of o})inion. A di- vision was impossible after dark, the Masons" Hall being crowded to suHocalion. Mr. Howe was carried hoi^ie on the people's shoulders. Mr. .lohnston's speech was printed, and circulated by thousands over the face of the country to inlluencc public opinion. AVe give some passages of Mr. Howe's speech on this occasion : — IMr. Howe ro?e and sjioke as A)l]o\vs : M\: Cliairnian, ami Gentle- men, — After a long and laborious scr^sion, my hope and desire was, to have retired into the bosom of my family, and to have devoted my time to that moderate portion of pnbhe business that il is my weekly duty to perform. I had no wisli that unnecessary excitement should 1»<^ an cxprcs-ion of pnhlii- ^^•(•linL^ or ^-hoIdd \V(; call tlic coninuMiity logrtiiri', and, al'lrr a lull t'xpo-iiion of our puhlic con- duct, ask for a d».'('ision. without undue iulluenee or inliniidation. It was at fir-t intcndeil to send a reiiui-ilion to the Sherill", liul it was found, in leeii paradinir tiie eounnu- ni Idition to the notiees, that iudividnals had !> iiilv. ('auva»>ini,' fiu' support to their views, u.-in,!Lf iiuiniidatioii, and niakini; use of languajj^e, whieii, if a- stali'd, was unjust in tlie hiiihesl dcLliM-e. It was then felt that no time was to 1»o lost ; that it. woidd lie unwise to wait for a ;^eneral rei|ui~liion. hut that, on the spur of the moment, it was our duty to call our constituents logotlier, and apjieal to theiii hroadly and liiiidy. This meetin<:; lias hecn assenililed aceordinirly ; and I see hofore me men of all shades of opinion, of all ranks and classes — men who, I hope, whatever they have lieen induced to do or to si g"» e come liere to luiv sion of the sul and to decide for theniMdves, after a full discus ijeets whieli have eiiLraired their attention. To this meeting, a- to my con-titueiils, on all occasions, I am content to appeal. I never shrink from res|ionsiIiiliiy of any kind. I have never wanted the courage to appeal to them openly, though I might want the temerity to apiieal to their private prejudices, \>y the circulation of slanders •which I dare not avow in puldic. The iiarties to he put on tlieii- trial this day, are the members for the town and county of Halifax, and the IIoum' of Assembly at one side, am 1 the (lovernor and his administration, on the other. V an I [IVOR feeling what a wide contrast there is between the power ot' the parties? Had I the entire pati'onage of the eonnlry at my disposal — had I twelve Executive and twenty Legislative Councilloisliips to bestow — had I in- fluence over every appointment in the country — could I send my aids aliroad to cainass, how easily could I assemble in this room two hundred persons, who woidd be di-^po«ed, under any eircuinstances. to take the most favorable view of my j>ublic conduct. What a dillerent situation do I stand in ! Can 1 lirilie or intimidate an individual in this room f I stand before you on my public character, to be condemned or not, without favor or adection. If I have not truth and justice, and a good caus<', then have I nothing to defend me. I did not attend the meetinsr on Sat- urday, l)Ut I found that many in that a-.-emblage I 'xcepf many worthy persons for who-e characters I have the highest respect, who wouM take a conscientious view, and make up their minds, influenced oii\y by what ! I H iii. I i? !:li 2G8 MKKTIXr, IN HALIFAX. li 'I It :.; tlicy tIioiip:lit (ho intorcsts ot' tin' cniiiilry, — wci-c llic stoiuly opponents (»r tlic popiihir cause. "Winn I IdiUrd ;it the Ictidir-; of that nicctiiij^ — Ihox- wild hiiil caiiva-iscd the pcuplr, and herded llieiu toL^ether — thoso who were tlie l»ell-wethers in the niovenient, I t'nnnd that they wefe of tho same party atrain«t whom I have hern .-inijrirHn;^ lor the hi.-t twelve years. Amon;^ them then' were one or two, who, I iiiKh'rstand, in their private canvass, made n-e of my name in a inamier that, as a puhlic man, I will not allow. 1 a-k of .Mr. I'-. Canard, senior, wheiher he took liherljes with my name, and wheihi'i' he is prepared to answer? Mv. 11. Ciniard. I am hei-e. and will an>wer. 1 did not. Mv. Howe. 1 ask him whether h(> s.aid that I was nnuiiiiL; the .«amo course as I'apiiieaii, and oiiuhl to have had my head otl" three years ago ? I\lr. C'nnanl. 1 did not. I said that the rcsidnlions whitdi passed the Assemlily were somethiiiir similar to the I'apineau concern. Mv. Howe. 'J'hc-;e are matters to be ojx'iily and iVcely di:el('-< uitc F ami my collca'^iK'-* clccli'd to tin; A.h- sfinliU ? ( )iir plcil^is wvvf llial wi; wniild nidcavor to diminish pul)- lic t' xpcmlilMrc, and mcrca-c ttn- |iu|iii!ar mtlm'nc [C rics of "XIOOO to llic dclc''atc-. Silence." ••( )l'del-."J I will procecii to «llo\V ||(»\V tlll'SO plc(l'j;es lia\e lieen i'llllilled. In the fust se<->i(iM of tlie pre-eni As- sciiililv the |iul)!if expenditure \va-> redueed t'.'looo a year. 'J'lie first pled,'_'e \\:\< failhf(dly kept, so far a- the piiwer of the A'^-emljly went. Then tiio Conncil dours were openeil ; the jiidvr<'s were renioveil from the Coinicils ; tin' old hank inlliience wa-< neutralized; iIk; Le.!.'i>lative and Exccntivc Councils were divided; and ha pa-^-ed. that whieii irives this nu-etinjj an oppor- tunity of e.\pre-t eveiy one of the eonce— ion- thus ohiained, and which went to increa-e the pO|iular power. Tiie file meetinii; was called to lind fault with the memhers. The worthy ;j;i.'nlleman who was in the chair stated, as hi-i reason lor accept intr, that he had formerly represented th(^ town of Halifax ll»r seven years. [Cries of '• lie is a lieitcr man than you." " Silence." "Turn him out."] lie partici|)aii'd in the feeding of the meet- ing, anil I would ask that gentleman, when he charge- the present nemhers with doing too mmdi, and doing it violently, might not himself be charjied with doing loo little? Why had not he saved the i.'3<»0U a }■ ear? If he did not, in the course of h IS seven year does 1 le not owe some account for allowing the expenditure of £2 1,000 that might have been saved ? [Some exclamations were here made by a person who bad repeatedly interrupteel the speaker. Cries of "Order" and "Silence" were made ; the individual j)ersisted, and he was turned out of the room.] The Chairman. Would it not be better to confine remarks to the purposes for which the meeting was called? Are you not straying, rather, from the question. ^Ir. Howe. I am coming to the point. To accomplish these matters it was necessary that they should come within the range of the As- sembly's powers. Other things were dependent on the sanction of the 23*= • 1 1 ; ! '■■ ■! 'ill ;' ': ■ i l( • >1 IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 1^ 12.8 Mi hi - On 1.4 2.5 V] Va ^ ^ ^ % y /: ^ /A <^^ •j'^ "^ .,y -? .> Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4. 4^5^"^^ 270 MEETING IN HALIFAX. rlS rl. li aiitlioritlr.^ at homo, and tlioy ooiiM only be reached by means of an ad- dress It) ihc llirune. Mr. Fillis. A (hreateniiig addrc.'^s. [Cries of "Turn him out." "Silciu'c." "Order."] ]\Ir. lldwe. I am not talking now of the address recently passed, but of that wiiirh jiassed in tlic lirst session of the House, for the puriiose of obtaining tjie sanction of tiie home authorities to changes which were tliought necessary. AVhile passing it, the same party that now opposed the mrnibcrs of Assembly, opposc'd il, in the House and out of it. The same cillirts were maile to prevent that address, which contained no tlu'cat, from going to Kngland. Yet what answer was received? Tiic government conceded almost evci-y thing that was asked, and sent in- structions to the government, which, if I had had the penning of them myself, I could scarcely iiave jtcnncd any thing that woidd have been mon; universally acceptable. Kcspccting the civil list, and the Councils, the home government agreed wilii tiie House, It was stated that the crown cared nothing about tlie sums given to jtuljlic ofTiccM-s, provided they wi'i'c sullicient for their maintenance ; and it was stated tliat they should be content with an economical arrangement. Tliose who enjoyed the eonlidence of the country wci'e directed to be introduced into tJie Councils, so that a united acti(jn of the different branches of the govern- ment might be formed, and the wliole be made to harmonize — the Assem- bly agri'eing with the Executive. Had these instructions been carried out, and their s])irit followed, there probably would have been no more commotion, — no agitation about res[)ousible government — no discussion about the frame-work of our instiiutions, for several years. But, in the carrying out, all was marred. Had the Legislative Council been so con- stituted, that it would work harmoniously on one or two great questions, there would have been but little dilliculty respecting the Executive. Had a majority of the Executive been composed of those who possessed the confidence of the country, the otiier could have been gradually moulded as vacancies occurred. Did we make it a charge that the Gov- ernor did not make both Councils of one character immediately, or that lie did not omit all the old members of Council? No. The feeling was, that one or other of the Councils shoidd be made to sympathize with the House. It was not ex|>ected that both should be governed by the House. If one were wrong it would not be minded, but both were so constructed, th.at the House were satisfied the moment the appoint- ments appeared, that two or three great (juestions could not be carried. AV^hat were these measures ? It had been said that nearly every thing passed the Councils, but I will state what has not passed — the bill for ¥■ i; T^ w 1 MEETING IN HALIFAX. 271 )lM)iiit- ■arriccl. Mill'. vcdncin.ir di'' ''xpciiscs of tlio civil li.-t, ami thai aiTaiiLiiii,!^; lln' jiuliralory of llic J'roviiU'c. IJc.-pcctiii;^ tlicsc, topic.-. iIk; home pncriunciiL cx- ])rcs.-clrated with the Governor, but the old sy^-tem was confirmed. Tlie next >lep thought, of was to send deleirates to Canada, to th(! Clovernor (ieiieraL When (hat was projiosed, many of the gentlemen wdio h(dd the lueeiing the other day were outrageous at the proposition, and ihe measure was finally defeated. AVhat was the re.-iilt? His L()rd>lii]) ai'iiveil in Canada, and a mis-ion to him was made up, and sent by Sir Colin Campbell, ehielly from the oilier side ; I say the other, becau-i' when the popular parly had but om; V(/ice in the delegation, the inlhieiiee might be said to be arranged, as in otlic'r matters, to secure ;i prepoiideiance ibr one parly. In its second .session the House found matters in the .-;iiii:' -lale, and passed anotlu.'r address, com|)laining that the changes which they had a right to ex[)eet had not I)eeii made". AVheii that went home the miui-iry ■were much oeeupieil in imporlant eoiieerns, in the face of a ^tmng opjio- i?itioii, and were waiting fin* the report of J.orcl Durham; and ihey did not take the steps which the Assemldy thought iiece>.-ary. Jn the third session a didegation was considered tidvisable to ex[ilain the \iews of the Hou.se and remove existing diOiculties on several sul)jeets ; to .'^liow what wrong princi[des were in operation in .-ome ca-es ; and how, in others, details had not been carried out. 1 may l-e a-ker |);iy. Tlic House said il finild iiol pay tliosi" wlio weir i^oiiip; liomi^ lo (Id'cat wlial tlicy wanlcil lo tlli-cl ; tlicy iiii^^Iil as well approprialc one, tlioiisaml |Hiiiii(ls I'or (lie liiiildiiin ol' a luid^c, and v^ixc aiiollicr lliniisaiid to aiiollirr pai'ly I'oV |iiiIIinLl '' down. 'I'lic consciiuciK r \\a-, lliat lliosc ulio rr|irc-<'nlrd llic Asscmlily in l-midon liad lo i;o without liicir cx|i('n>c-. anil tlic ('\|i( rinicc ot'llic dricualion was, Ihal on maiiv oI'iIk! jirt'al (ini'^llons, iUo L^^cntlcnicn (Voni llic Lci^islativc Conncil did llicir Ix'sl (o dd'cal llic vicus of llic Ilonsc. 'i'lic nicclinu; will x'c that my ohxTvation-: licar on llic cniiduci oC ilu> laciilciianl (iovciiior. In (lie liist piaci' llic plain inslriiclions oi' Lord (ilciicl^ Were not carried iiilo clli'cl. Anyone nii;;lit he sali.-iicd oi'lliat liy looLiiiL:; at llic docnnicnls, and llic scleclioiis llial liad been niailc under llwin. I liclicxc llial llic eireiiinslances ol" |lie eoiiulry were siicli lliat llic in.-lriielions iiii;.;lil Iiaxc licen olicyed. '.!' parlies wlio liad llic power \vi>licil lo do >o. Il was all \ cry well lo >eleet two ^enllenien lo icpro sciil llic local LioNcrnmcnt ; lint llie Iwo who were ajipointcd were known to Imld prclly \\\'j.\\ notions with regard to the ticiicral eoiidiiet rnd opin- ions ol' ihc Asscmlily. (icnllcmen may say thai lliesc dclciralcs had a riiilil lo their opinions ; so llicy had; lint my ar^mncnl Li'ocs lo ^liow thai llie M'lcclions ii'ave plain intimatitin ol' what kind of work was lo be ilone. One ol" tli(> delegates ol" liic lionse was my IVieiid ]\Ir. IIuiiliii!2;loii, It was immcdiatt'ly llaind by his oiiponcnts thai, diirinii' the Canadian rebellion, \vlien llier(> was much excilcnicnt, and e\('ry one was raying every ihiii^;' that came roremo-t, he had ii.-cd some siroiii:; expressions. The lad is thai Mr. I Iiinliim'ton has a nervous atl'cction of the heart which makes him irritable at limes, (iciitlemen may lanuli. but 1 hope none of tluaii may cM'r have such an alli'dion. JMr. llmitinii'ton. il ap- pears, had inad(~ use ol' some strong ex|)ressioiis ; but iiol stronger ihaii was n-ed by lil'iy members of I'arliamenl. and at meetings in llie mother eounlry. Ibit what was the ib(> made of il, in order lo de>lroy llie inllii- enee of ilie A-scmbly? Allidavits were prejiared and forwarded to Kiigland lor the purpose of making the government believe llial ^Fr. lluntinglon was a ilisloyal man. \ow gentleman, I ask, it' an individ- ual were to go round the eenmumity, at almost any time, and lake down the words made u>e of in conversation, how would llicy ajipear? I heard a gentleman ^'ly tlial one ot' the highest public fuuclionaries of llie Province, during recent proceedings, called the ()iieen a '• damned lilth; radieal." Suppose an allidavit were hatched up on that expression and sent home. An ollicial personage al>o said that Her IVIajesi^-'s present ministers ought to have been lumg. Tlieso were the genth'inanly ! ::;l!, MKETIXC IN HALIFAX. 273 .1 ;'\ •art lopc ap- ian lior In- to ill- >\vn I he Ah', iiid cut a]y rxi)ro.«siiiii.-i tlial liad liccn used on llir, ollirr .'-iilr. We, i^Miitlciiicn, never lliink ol' Miakiiii;; up allidavlls alioiil .-ucli lliiiii.'-, we have a spirit aIio\(' sncli niDiles ol' nppd-iiioii. Did .Mr. I limlin^ltin dc-ei-Nc >urli Irealiiienl ? I helleve lie is alnio-t llie only man in llie I Iuii~c, except liic eiiled and ,-tiuinali/.ed lor their opinions. [Mr. I lalli- hiirlon askeii il' Mr. IIiinlin;:;lon was not oppo-eil lo monareliieal ;j;overn- nuMil.] It is a>keil if the hoiioraltle j^-eiilh-man is not oppos('d to nio- n.'nvhieal jiriiieiples. He is not; hut hi^ is opposed lo any LTovernment by u eli(iiie or a ]iarly; he admires the. llritish ('on.-liliilion, and the dear- fst wish oi' his hearl is to .-ee thai Con-lilnlion, in all ils pni'ily, llonr- isliini;' in the conntry. lly this, and olln'r matters, il was plain that the entire inllneiice. ol' the ( lrnjr,^I(i with, it was not possihie lor liic del(\i!;ales of the House to accomjili.sli more than tliey di(K AVhilc they were absent, nnieh discussion nvo.'C. on resiionsible ;r;ovcrn- mcnt ; and I may b(i askeil what that term uii'ans. It means that the Execntivc, wdiich is to carry on th adminisi ration of the connlry, should .sympathize with, to a lai'Li'e extent, and Ix; inllucnced by, and when proper, be composed of, to a cei'lain deed to me were continnally atlrlbnting to lue all sorts of wild o[)inioiis, iinlil parlies were made to behe\ <; that if 1 did not set ilre to tlu! mines and lilow np the I'rovince, 1 would at least let in (he Hay of Fundy in the rear, and swamp the whole. 1 was said to have all sorts of wild vagiu'ies in my head, and 1 lliou,!j;lit tliat the better way was to let the people see Avliat my opinions were, and what I wauled. Therefore I published my views. 1 laid them before the m I ■' tin .1 :| :^.!! II m.i i'^il 274 MEETING TN HALIFAX. country in a |Kiin[i!ilct til went into llir adioininK Colonies, and never i! i; U 111 yet have I seen an argument whieli at all ovt'iliinis the general princi- ples advocated. Wen; these views extraordinary, and cdnfined to a nar- row circle ? Lord Diirham's opinions and condnct sanctioned the princi- ples ; the government at home agree to the practice in its Cull extent, althongh at first they ratlnn* started at the theory. New l>rnn>wick also supported the views of the Assembly ; they passed on<^ resolution in favor of the principles without a division, and another going the Avholo length ■with a minority of four only. But who else keep the Assembly of Nova Scotia in countenance? Sir John Harvey and the Governor General. These principles have nt)t been long or ardently discussed, yet the whole of British America understands thein, because they arc based on the British Constitution ; they lie at the foundation of good government, and are felt necessary i'or the safety and 2)rosperity of those who inherit the feelings of Britons. I now come to the Ia~;t session of the Legislature", and what was the position of afliiirs at its commencement? The Assembly saw that no change of any importance had been made in either of the Councils. The resolutions against the Executive Council were passed, because at an early period of the session it was seen, that unless a responsible Council was obtained, it was useless to atteiii])! the adjustment of one or two great questions which were before the House. The session also was commenced under greatly altered views. Lord John RusseU's dis- patch had been received, and what was the purport of that document? Its object was to get rid of the numerous relerences to England by giv- ing the Governor of the Colony sullicieiit power to carry on the local government. The House then passi'd four resolutions condemnatory of the policy of the Executive Council, and took them to the Governor. TIk; answer Avas, that the Governor was satisfied with them, that the House had sent delegates home, and that the marcpiis of Normanby had stated that he would not interfere as regarded the existing Councils. The House then passed an address to His Excellency, calling his attention to the dispatch of Lord John Russell, and to the opinions of the Governor General and Sir John Harvey. The answer to that was, that he would irfer the whole matter to England. The meeting of Saturday considered that the Assembly should have waited the result of that reference. Of what use could another reference be? "With our own delegates on the spot, there was influence sufficient to counterwork us; and on their retui'n we could not pay them out of the people's chest without wasting another £1000, and therefore could not send them again. What could be expected of a ■iV. MEETINO IX IIAI.IFAX. 275 Iswer sent it he then latch and the the use Here buld 100, lof .1 further reforcnce ? To whom would the nmtlcr Ik; nifcrrod? To the delegate of the Governor and Council, Mv. Stewart, avIio was -till in England, and to two or three other Couueillors who were aUo there, and Avho.-e influence couM he ,=aiV'ly rcckoneil on, while the Assemhly had no influence to urge its views. Should we send home half a (jiiire of paper to meet the active ojiposition of those treutlemen ? It was seen that sueli a reference would be destructive of what we considered a great public bent'tit, and the final step was resolved on. AVe passed an address to the crown, praying Hir tlu' i-emoval of the Lieutenant Gov- ernor. I say to this meeting in all sincerity, if we had not performed that act — if we had shrunk from it — if we had failed in that })art of our duty, painful as it was, you might well have scoiUcmI us from this hall tt)-day, and have withdrawn your confidence from those who aifccted by timidity, or corruption, or ignorance, had failed in so important a [)oint. Why did it become necessary to i)ass that address to the throne? Lord John Russell in his dispatch said, that not only should tliii I'^xeeutive (.'oun- cillors and heads of departments l)e subject to bi' displaced in jjcditical exigencies, but that a change in the person of the (Jovernor should be considered a sufficient reason for a change of the advisers of the Execu- tive. Were we not bound, if Ave could do it in no other way, to get that change, Avhich was so much desired, by eflecting a change of the CJov- ernor ? AV^liy Avas it necessary to have harmony here between the Executive and the Legislature ? We ])assed recently £ 10,000 for roads and bridges, and in whose hands was it placed ? Li those of men avIio con- demned and opposed the House. The whole details were to be carried out by those over whom there was not the slightest influence. Another reason why there should be harmony, and why the government should be made to satisfy the people was, that all the appointments of the coun- try were entirely distributed by the Council. These ran through the whole country, and how could there be satisfaction, quiet, or peace, in a Province so situated ? I may be asked what was the exi- gency respecting the civil list and the judicatory ? why were we not eon- tented with what was obtained? I will explain the nature of those measures. The expenses to be effected by these bills amounted to £7,G00 ; by the bills passed by the House and rejected in the Council, the ultimate expenditure, after the decith of the incumbents, Avould be £5,000. The main object Avas to effect a saving of £2,.j00 — a saving to the country, but not to the party Avho ruled the countiy ; it Avould take that amount of patronage from that party Avho pretty much relied upon patronage to support their cause. To reduce the poAver of ruling in 't! I; \4h I Itli'li m 'M 3 '.rnV^l 'It ' J 1 I ■ i; ■' ' ^ ' |; j I ! . ■ 1 i 1 '■ '' If;, " ■ , i 270 MFKTINf! IN HALIFAX. tlinl \v;iy. wih to niliicc (lie pdwci- of iiilluciu'iii,;^ llic l(>;iiliii,Lf minds While t'lic II. loclllct III line I lie 1 loll -I! wiTf ciKlciivoi'iML,' ioi'llcct lliis .-avmjjf, aiul to siciii'c I lie casuiil and triTitorial revenue to llie iMnnilry, ulio were endi'avorini; to increase llie expenditure-? Tlie .-alaiy •)!' Ilie Master of tiie Kolls a lew yeai's a;f() was t'OdO, hut the ca-nal and lerrilorial I'eveiiiK; ^vas in the hands ol' the crown, and th(> ssdary was now I'-^l 2. Diiriiiir hist year sev- eral >inall >iinis were tacked on in lliai way out of tin' I'cveiiiii', v.Iii.di, il' ropealed to the nieeliiii:; would make (hciu laii'jii. Anolln'rciii'ious mat- ter liappened (hn'iiiif the year; iormerly all llie piildic odicer.s were paid in (hdlais al \s, h/., hut they now conlrive to -vi paid in sov<'reigiis at L*").s'. ; ,-o lliat in that way, every .-alary sell led on the ca-iiial revenue, •was increased .1"'.) lO.s'. per ceiil. liow did it liap]ieii thai wiiile the House stnigiiled lor reduction, every salary had Iteeii thus raised ? AVhere was the inlluence to accompli-h this increase? Thes(! Avorc^ some of tlie accidents, so many of which, occnrrinu; within the last i'onr years, made us believe that they were not accidents, but were done on system. lletbre the final aihh'css passed, the (wo bills had Ijccn deslroyecl. Had nothing; moi'c been done? II'nolhinLr more had l)een done, 1 sun not satisfied that that address would have been urged. l»ul new appoint- ments Avere made. I may Ix! asked, are (hey ikU respectable ? I answer, many of them are. 3Iost of the Lrentli'ineii appointed in (own 1 have known iVom boyhood, and I would be far indeed from sayin;^ a disrespectiiil word of any of them. "Who was taken from C'nndierland ? A gentleman wlio, at last election, o[ii)osed both members who represent iho county. Is that iair ? Shall appoiiitinen!< be taken from tin; minority in (he country ? AVould the town sanclion that? Who had been taken I'rom Yarmouth ? A rcs[)ectable .and wealthy, and, I believe il good man ; but one Avho, 1 understand, will act with the party that oppose the three gentlemen who reiiresent that counly in the House. I.< that fair? Is that the way to make the House and Council harmonize? There was one other, and heaven knows, I wish (hat it had not been made. Who was the other person appointed ? 1 will say nothing oileii- sive about him, because he is not ])resent ; but it may be sullicient to say, that he was the delegate of the CJovernor and Legislative Council, sent to oppose the House of Assembly. AVhy was he elevated ? After losing his seat in the House of Assembly, or having a hard contest and not much chance of winning it, he Avas api)ointed to the Legislative Council, and sent to England to oppose (he views of the House, taking his share of the £1000. He luul been sent home to opi)ose the wishes of the country, and was then sent out to govern it. All this was done before MKKTl.V! TN HA 1,1 TAX. 277 vVlter st iind ■^lative taking lo.s of before tho AssiMiiMy's riiial adilrc'-i |iM-e he done? ^'es ; WO could slop the snpplii's. I pul il to you lo say whether it would lie liet- tef lo slop the cii-cniation of i.'(iO.(ii>n or .1'70,()U() throni^hoiit the country — to leave the s"hoo!s. jnid roads, juid hriilL'i's toffodown. !Uid suspend tho salaries of the puMic ollicei-s who (h'j)ended on the vole of the House, or to take the step which we did. Wiiii'h would lie the wi-e-t course; to occa-ioii distress and confusion, or, hy a simple resolution, to desii'c I lis Excellency's recall ? I helieve that if the (!ov<'rnor him-elf was left the choice, — I think I know ('nouome one else coun' in my |)lace, and (juiet- ness he the irsull. vVnolher i-ea-oii why the House did not like lo stop the supplies was, tiiat that was the Canadian remedy; — and ils results were confusion and wretchedness. In acting as the House did, wliat example did we follow? That of a count ly that could not he charj^ed with disatK.'ction. — tlu' exanijile ol'our sislci- province of New I'rnnswick, '.vliose people are of well-known loyally, and who have never foi'i'eit'-'d tlieir allegiance to tlu^ throne. Persons complain that the languag<; of the address is strong. I ailmit that those who are out of i)olilies, who are in tho ([uiet walks of life, may measnre their exj)ressions at all times ; but some allowance should lie made for those who are engaged amid the ivarmtli of political struggles, if, at times, tlu'y jiut rather too much animation in a jtuhlic docnmenl. I do imt admit that that was tlu; case in the instance before the nu'cting. "What was th(>. languag*; of New llrunswick to Sir Archibald Campbell? They, like us, never got .=:■:■•:- faction until they declared their want of conlidence in their Gove, accomplished his removal, and procured another in his place. 1 v^.il read to the meeting what the Legislature of Xew lirunswick said : " lie- soh'pd, As the opinion of this committee, that in thus disobeying the com- mands of His ]Majesty," — in New lirunswick, as here, the home govern- ment was with the people, and the Governor was against — " and in placing himself in direct opposition to the recorded opinions of the Le- gislative Council and Assembly, His Excellency the Lieutenant Gov- ernor, and a majority of the Executive Council, have entirely forfeited the conlidence of the country." That was the step the sister Province 24 I iJ lv\i'l'IIIIl('n| ; thill v;i, !m cMllilpIr Wiirlliv ni' N((\;l Sent i;u ;illil wlili'li I iiii! ildiic .-I). Sir ( 'oliii till'!' ( slic iiii'jiil lie |ii''iii'l to riill'iw. Sii|i|i'i-.(' we h;ii (';iiii]il)('ll iiiiLrlit niiiaiii li'i' a cini-^iili'i'Jililc time, or niinllii'i' (JosmMir Wdulil coiiii' tn I'all iiiJ'i llii' -iiiiii' Iiaiiil-. aiii| |iiir-tn' till' ■auic |hi||i'\-. "While oil thi- pari oi'iiiv ,-iil)ieci. I will allmle lo a eliar^iri' in the ja-l lie- coriler ; I ha\e ila' ]ia»~a;je hi re, ami will r.ail it to ihe mi'illnu. " 'I'lio measure \va- eoneocieil liv three iii'liv i'hial-. Such an aiMre-- eniii.| only liMVe lieell ill»lii;alei| hy jier-i'iial leelillLir-. iS-e. It was well known by evei'v lueinlier of the Iloa-e, ilial Hi- llxeelleiicy hail received an iiitinialion froin the heine uo\( I'hiiieiii. thai, as he could not <'on>I-tenily and coii-eie!ili(iii-ly cai'ry oiil the jirinelple-; liy which. Ilir the I'aiai'c, t]ie~e ("oloiiie- are to he povei'iied. hi- -ervice . woiiM no loiiL:'ii' lie ro- (|uii'ed." _\. charge of |iii'-o:!al reeling' i- there made n;.!;ainst :-oiiic lliref! ])ei'-ons. who are .-iipiio-ed f) have prepai'e I the address. Uetiire this meetiii'i' I plead (.niilty to tic ceinpo-itioii ol' e\cry line ol' it. INIo-i of it ha(M)e( n prepari.'d without any eoiwulta'.Ion : and it wa^ then Hiliiiiil- lee\eii or eiuhl nieiiiliers, when some sliuht and mere A'erhal alteralimi- wer' maile. I take the whoh.' re-punsihilily myself. On this point I will .-!aie hei'ore the pulilic, that two days liefore the address ])a>-ed. I had a full eon\'er.-a(ion with the (governor on the snli- ject. I .'lated to him ulia; the [irohalile re-iilt woaid lie, and he never intimated that he had lieen or expected to )»■ recalled, and i do not believe that a -iiiLd'' mi'mher ol' the Ibm-e had any inliinuLion that that "Wits the ease. V.'e knew ih.al hi- term cl' .-ervici; liad expin'd, hat we also knew that .-o lonv a- a ( J.>\ern Assembly could percidve, he was ti Tory, and would not carry out "Whijj!; [loliey in the Colonies. Had the lloiiso useil ofiprobious lauLinia^e? had they called the Governor a tyram r hay circiiiiHlaiici'S fUiil li:i'l ailvi.-i.'l'S inid I'l'inii'. I r I'di- mvscir, I kiidw llial I can a'l-dhr dlln'is IVoiii all maliu'iiitv in llic mat- U'V, !i> I'iir a< r Kii'iw ili'Tc wa-; no pcr-oiial li'idin'j' ihImmI ii|) i)i die (|ui'-;|idii. IlaviiiL' pi'ifnni'.i'd that )iainfnl duty, I and my cdUca^ruc-!, ivv\ tli'J (■uiiiitry mcmlici's avIio v('-J — in Kugland tlicy were too min'li a'-fiistdmcd to ad- dresses dii cvi'iy -idi', to va.liic tlnjin very iiui'di ; iint liy oii'^-sidcd m"('t- v.vj:< of tluvo wlio had madi' n[) their minds — hul liy th(? general elec- tions of tin; I'rovinco. I now appeal to yon, — 1 put the maltei- in your hands, to say wlielhor wc have ddue ri.Ldit or wronjr. F am iif)l Aviilidiit some suspicion, how- ever, that some of tho-e v.ho formerly mannlaetnivMl meniheis for Hali- fax, liavo seized on the censure as txlli)r(liiig the means of commencing an elcotioneerinir cam]iaign. They may .-ym])atliize with the Clovernor; bill the chief sym|)alhics of some of them an,- for the eontlmiance of the system which he helps to npliold, and which a n<;w Governor might help to d(stro3'. I M-as disposed, gentlemen, to be done with political agitation; T thought it v/as uim(>cssary ; but T heard of the meeting on Saturday, by n notice which iM-ecluded my attendance. It called those only who con- curred in condemning certain conduct of the irousc,and to go th(?re, and appeal to a meeting of one side oidy. would be j-idioulous. I thought that the better way would be lo a-scmble the whole community, and an invitation was given to all. Those n(!W around uie are the wealth and sinew of the community, many of whom are ojiposed to me in politics. 1 hojie there will always be some little diiference in the community. — opposition is useful for the eliciting of truth. I did not attend the meet- ing on Saturday, but the reporter was there, and I hold in my hand a list of the chief movers and speakers, and an authentic report of the speeches. The first speaker is Mv. Dcblois ; that is all very Avell ; he, however, should liavi; recollect<;d that he was the rejected of Halifax, «,. :* 1 •i ' ; I i 'Mv r« ■' ./•ill' .;t' 280 MEKTIN(J IN HALIFAX. Mr. T")iI(InI-i. I \v!i-i not (lie r I niistoiik, I lir;^' liis pui'ilmi. Ill tlir Viri' I'l'i'MiIi'lit'-s chn'w w,\< Mv. ,h\<- lice Kcllli. I li;ivi' no olnjrctioii |o tli;il, Mini Iimvc only lo siiy lli;il I like hi-- nil' liriti r tliaii his |Mtlilics. Tlicii my worlliy I'lirml .Miijor I'liirbaiiks iipiH'ui'cd jh a proiiiiiicnf speaker. TIimI was all ri;_dit «'ii()iiji,li ; Ills liroilit'i- was out' of "IIki jilorioiis niiiiority," and il wa-* only I'ratcnial of liiiu lo cover his I't.'trcat. The six'cch ol" M\: Fair- banks adiiiils that the Asscmldy wen' ri^^ht in all their proeeedinj];s, ex- ce))t ill a~kiiii^ for the remedy which was to crown all. The Hon. Mr. Wilkins was also one of the speakers at the meeting, and his ppcoch was rcspeotiiiLj the notice l»y which it was convened. Mr. "Wilkins. T thought the notice a i)r()))er and right one. The subject liad been discussed, and it was !i sensible thing to call a meeting of those who wen; opposed to the A?s(Mnbly's address. Mr. Tlowe. Although the honorable gentleman is not among the people of his own county, lie is among persons who respect his manly character. T must say, that I Avondered lo find him, the ex-delegate, who owns no freehold in this county, taking a part in a Halifax nieeling. I meant, however, to compliment him when I came to his speech. Mr. Smitli was another of the speakers. That gentleman is a lawyer from the West Indies. I admit the worth of ]Mr. Smith. I believe he is a gentleman, in every sense of the w'ord ; he is a fine, manly lawyer; he has embarked capital in the country, and none could complain of his taking a part in the proceedings. J>ut I thought it was a good joke, to have a lawyer come from a slave country to teach the IMue Noses liberty ! Mr. Smith. I attend to-day although T am not a freeholder, and I trust that I will get an o[)i)ortunity of answering, when I will give as good as I get. Mr. Howe. Certainly; and it will be no wonder if I get as good as I give, for the learned gentleman has had nnich more practice than I have had. lie seems to have decided, because the Blue Noses have more liberty than the slaves had before he left the West Indies, that they should be content and think they had enough. Among the other speakers, I found one of His Excellency's Colonial aids-de-camp. That was well enough; but it seemed rather a ((ueer way of getting an ex- pression of the public opinion. In short, I found that n<.'arly all the leaders and canvassers, in one way or the other, had some I'easons for pretty strong feelings on the subject. Mr. E. Cunard, junior, said that he had not said any thing which was incorrect. Mr:nTu\G in if.m.ii'ax 281 nil'. which Mr. Howo. T iirwr hcinl ;iiiy ililii.n iKiliaml-ninc of iho goiiilinmn,. ami I «I<' t\nl iliUiwl In s;iy any lliin.JC to dial clll'Ct. 1 iiuw ccnii' I'l ilif naliii'i' nl' tin- >|ic(h'!ii'< lliat wm' niailc on tho oc'i'a-ioii. .Mr. I''airlKink^ ^alil Iw wa- pi' a-ii! ii Mini on llic part ol' ihc A'^.-i'inlily nml lli' jifopl.' iliat ili.y witc ili-po-iil lo j^.i .viay prl\ ilc;.'!! siuil conlrol, which wa-i rational Jiinl i'i;:ht, ovri* ihiir own nH'aif-; that tla; pi'oi'('i'iliii,L''-> of till' A--fniI)ly \\rv>' cuiTi'ct on tlm-i' matlci's, aii'l lliiit he dill n.it ap|U'o\r of .mhhc ol tin- ap;'Mint;i;i'M[-. Tliat i-> pntty lair, anil I am ,u!ail to liiiil -mh opinion- pi'ta-lln^- in tlio ('ointunnily. ^If. FairlninUi llu'ii w. m on to say, lli.i! wIh'ii lu' lonml thai tho " fi'|)i'('.'('ii- tali\e" of lIic sovcr(.'i;_Mi lial lieni aliai'kiil, he (lisMiitciI. ISiil it should bo rei'oIh-'i'tL'il that it \va-< hcoanr-c lln' (iovi'i'iior woiiM ni'( ri'iiiT-Jriit tho SOVc'i'i'i;.Mi, that hi- wa> alltn'hrtl. Tiu' inini-t'Tiu the llon-r of Coiu- moiis, rrpfc-i.'iitci! ill.' >i)Vi'ri'Ii.Mi to a c riain cxd'Ht ; an. I what ilrlicacy wa-i fell 111 attiU'kiiig him? It wa- llii. liiial l-'i) llia! Mr. l-'aii'liaiiks ilisapprovi'il, an'l In' >aitl lliai he i(le I»y and hy. Tho grant of i."l he thonght pro- per." Thai right, liowever, was a ([iiesticjn. ^ly friend, Mr. Fairbaid^s, is an agricnhurist. Sn[)pu-o he should write a note to his gardener, and tell him to plant jieas in a certain spot, and thai ho found turnips coming up instead, he would .-ay. How caiuo you to make that mistake ; could you 24* Ul! i'l'i I 1!^ H :.f r'5;! I' 282 MEETING IN HALIFAX. '!■ i !1: 1 4 '; not read ray note ? The gardener might answer, Yes, I read your note, but I had a right to read it in nuj own uhi;/. It was then said, that we had no rigjit lo lliink (hat the motlier eountry wished to oppress us. TVe never llioiiglit she ha« 1 .1 !i- : -3'*: ■■1 ■;i' ? ! 'M. 1. ]\ £fi'!!l I 4 284 MEETING IN HALIFAX. Mi H.: 'tr Wi M ;; n legitimate privilc'fro^? Xo, wo only souglil tlmt wliicli \\'Q were entitled to under tlic ^on-liliUion v.Iiich .^lic pave to (he Province. It might be said to 1)0 wi'ong even to lalk of this kind of re.-istanee. But how had Catholie emaneipation been eari'ied? V>y u popidalion who created a. State of public opinion that i'oreed the (diange. Shive eniauei])ation IkkI been efleclrd liy tii'' j)oi»ulati()n urging the measure, williin llie limits of tlie Constitution, until the government was compelled to yield to tlie de- mand. Did ilicy ii'-ort to pliysical lbre(',or go beyond llic Constitution? Ko. And arc Nosa Scotians to be tied iij) within narrower limits? Are Ave to be ulraid of opening our mouths? Must we lisp our com[>hiint3 in " the bondman's key ? "' You may be chastened down to that ; but, as far as my inlhirnce goes, it .-liall lie alter I am dead. I have thus got throucdi that reljcUious document, and sliown to you that tliere is not a line of it that a llrilon miglit not wrilc^ in the [)resencc of the (^ueen herself. — that the language is not stronger than was required, — not stronger than was used in iS'ew Ib'unswiek. I tnay say, that in pei'lorming our diuies, we never overstepped the boundaries of what you gave us in charge. I did intend to have commented on some other matters that occui'red, but as I liave ficeupied so much of your time, and as some feelings with which I commenced have passed away, I will hasten to a conclusion. Having given a fair candid argument on the merits of the case before the meeting, — having I'eviewed the arguments that have been brought against the House of Assembly, it is for j'ou to con.-ider wliat is linally to be done. The (|uestion is not to be settled l)y meetings of one kind or the other: as the former meeting had been called we could not well avoid calling this, liut I regret that both have been called. One ciFeci of them will be the holding of public meetings throughout the country, that impotent attempt to put down tlie Legislature, will run like wiM fire and arou.-e the indignant feelings of the population; they will declare that they in-o not to be controlled by any two hundred or three hundred persons assembled in this town, and they will say this by an exp.ression of feeling in their own districts. Suppose I choose to call meetings in the country parts of Nova >Scotia, wdiat is to prevent me? This jioint n'minds me that in jiassing over the remarks made by iMr. "Wilkins on Saturday, I diil not do him justice. \Vhen some at the meeting wished to m;dve it appear not to be one-sided, he said that it was, and that there ought to be no mistake about it. That was the manly way of op] losing a jiarty. I now however, as he has entered the arena at Halifax, challenge him io convene the County of Hants under his parlor windov^'s, and if 1 do not get a majority thero to support the H.i m .: e before 1) roil pi it liiKilly OIK! kind not well 10 OlIl'CL •ountiy, kc wild ry Avill )V iliree - Iiy an to call nt nil'? I.y Uv. at llic t it Avaj, i inanly le arona id(.'r his K.rt the •. MEETING IN HALIFAX. 285 House of Assembly, then I will say that I do not know the independ- ent yeomanry ol' the county in which he lives. Mr. Wilkins. I did not make \iut suppose that the whole of us should be turned out, and that four were put in to represent the opinions of the Saturday's meeting, what then would be the effect? I have made a calculation of what I believe to be the real state of the country; 1 may be mistaken, but I believe that the result of all the elections will be to give thirty-four in favor of the principles of the present House, and fourteen or sixteen against them. It is ibi- you to make your choice. "Will you send representatives to sit in the majcrity or the minority ? "When the time comes, the constituency, I lake it for granted, will express their opinions opeidy and nuuifully, and those who gave three, cheers for the glorious minority — who did indeed cover themselves with glory — may be at the general election, in a glorious minority themselves. If I am to retire, I have suincient work to engage my attention ; 1 will retire to my books and my pen, which no meetings can deprive me of, and in spite of any of those, my voice shall still he heard in British North America. If the constituency tell me to go back to the House, I am willing to grap[)le i'or four years more with the public business of the country; and if they are re([uired, my best exertions shall be devoted to your service. If they are not, I will employ my energies elsewhei-e, I trust with advantage to the town and the country. All my aim is to raise the population of my native land; 1 might have gone over to the opposite ranks, where perhai)s I would have been fawned u[)on, but I long since decided to live among, and act with the great body of my countrymen. I will be fearless and hopeful if ballled, and 1 hope not too trium[)hant if I succeed. ^P } 1 I , r. M 1 5;')| 'fl -i' 1 • i MLll .■i i' '1 '-' >■ Ml4 ■ w ill::! ' 1 ' i . 1?i ■ !l! 1 I :,t' : :^^f ■ I 28G MEETING IN HALIFAX. :^l: I (urn lo a pas-!i,i:v in the iV|iort, in wliich one of tlio speaker.^ at (lie inoctiii;^ of Salunlay >aul, it cxprc^si'd tlie o|iiiiioii?; ol' tlio " rcspectaltlo 1 )ai 1" of l!i( (•((aiiiiiiiiity. I may iiKiuii'c whal is rc-iicc tahiliP Is it to lie ailuilllrii lo ( l(i\ci-iiiiiciif Iloiisr? [C'l'ic'sol' No I ] It isjiist pos- sible tliat jii'ixius wiiu aiv not vrry r(\-[)(.'(.'tablc soniotiuics aiv adniitlcil tlioro. My idea of respi'otaliility is, tlial it is foiiiKlcd in \IrtiR', indus- try, talent, and integrity, ]»nl»lie and [irivale. "Wlieii Ave are told by llio two bnndreil oi' two lunulred and lil'ty pei'sons wlio met Iieiv' on Salnr- day, thai llieyeompo.-ed all the re-jiectabiliiy of the town — [eriesof "That Ava.- not said ; it was said t/rcn/ jiar/ of the resjieclaliiiily." '• X( '•Yes." I'proar.] T am iv.'l'ei'riny lo the repoi'ier's notes, and I find that these oflea conipris(; words wliieli the speakers i'orget, bnt as the expression is disa- vowed, I am well pleased, and 1 believe that there arc not many who Avonld eonenr in it. It is lor the eonsliUieney to decide on tlie snbjeet.s Avhioli Lave been bronglit to your notice. I do not tear the result of their relieclions. Those who derided the last elections may if nnited and llrni, decide the next. Tliat ([uestion however, is not to be decided at this meeting, it will be put when the i)roper time arrives. I have no fear.s as to what will be your determination; and I know that the fishei-men along the shores, wlio used lo l)e carted up, or shipped in boat loads hkc cattle, to elections, have become more intelligent than they Avere ; more awake to their true interests, and to the justice of the cause in Avhich we are engaged; and I have no fear of the old inlluences operating on this class of the freeholders to any great extent. The farmers on the peninsula, and beyond it, arc al-o with the Assembly, and the intelligent j-eomanry of the country will be with us almost to a man. That may be too much to say, but Avhcn it is said that projjcrty is against us, 1 look lo Colchester, and can hardly sec ten Tories in (he whole of it. In King's also, the popu- lation are with the irou.-e ; the same in Hants, and soon through thirteen or fourteen of the counties. [Cries of '• Pictou."] I am (juile prepared for Piclou, also. In that county there are about 2000 fi-eeholders. An addre.-s recently came down to the Governor with 2,700 names altachcd to it, another for the op[)osiie side, has ol)tained about 1,200 signatures, nearly all of them frceholdei's ; so that out of 2000, if the oilier adilress is to have wciglit, they managi! to make nearly 1000! That county is "Well known to be divided Info two jiarties, of nearly equal numbers. At the last election tlie county supported Mr. Dickson, ho carried his election by about thirty, and voted for the address of the House; so that that county is with us, as regards the lusi election, and when it comes to be tried again, Ave Avill take our chance of obtaining a share. ivc bocil llcc'tioiLS. .H'idu the meeting, to ^vlult long the put tie, to wake to Ave are is class insula, maniy )0 much liesler, ■ 1)U[)U- lirtceii I'paiXHl . An tached at u res, (Idrcss nity is I'lbers. ed his se ; so ho a it are. POLITICAL EXCITEMLNT. In conclusion, I have to lliank you lor your a ;lcn(l; UH'c. a 287 ml I'lii' (he kiuaiil any tiling wliich I nal, ouirht to have left nn>ai(h — any thing that may lie con-iilcn'il i('r--(> ui itiiii', or likely to liIvc 'iirmcc, I hci (' wiMnlraw it v>\cra 1 \vl lo licar mc may liavc -iirncd an auilrcss to his ICxcdlcncy, ,-iiii|io>ing at the moment tliat ht; had hccii hardly used, l)iit in your niciiiory can you recollect anv (idvcnior or Aihnii'al. who had iioi addi-csscs not up for lini, liy >()inc ol ill" Icadrr- of lliat nnciinu? Wlialc\ cr licni'ht did tho-i' individuals, many oi' ihcni did n(jt jierhaps accoiniili.-h much for 1 ic coininunilv. W K'liier your re|»i'c-cntativc u'tcd riiiiil or wroiiLT, believe me that liu'V did what they hav(.' done with good inolives, and that it v.as the jiolitical conduct alone of the Governor on which llieii* eeir-iirc Avas ])a-scd. I believe in my consciciu'e that, at liiis nioment. Sir Colin more sincerely respects some of those who aoIcmI for that address, than he does others who clung around liim w hen liiey -hoidd liave left him \Vvi\ and who now vainly endeavor to deleiid hiiu. "Whether he is to blame or nol, ( Jovernor- come and go, but the Pi-ovince remains forever. Let u~ then not be deierred from the perl'oriiianco of our diuies. Iiowecer painl'iil, bill goon calmly and good luimoredly, rellecting credit on the commiinily by jieaceful agitation, until the ibiin- dations of the Urili-h Constitution are securely laid, and then enjoy happiness under it, iii.'illier seeking nor wi-hing any furlher cliange. [Three hearty cheers were given al the conclusion of Mr. Howe's address.] This Avas a busy sniiiiiKU' for llie rcfonnors. Their Iciuler had liis liiindri fiilL His Jivst duly, ufter llie liostile inovemcut iu the capital was aeiitralized or defeated, \\'as to review tho St)lieitor CJemaars sjieindi. This he did iu two h'tters. \vliieh will be loiuid, auioug others, iii the sc^eoud yolume. They are prt'served as speeinieus of niaiuu-r and style at this period, but uituiy of the topics discussed liaye l()ii<^ ci-ased lo iuterest us. From the capittd, the war was ctu-ried into the interior by the sap])orters of llu; (rovernor. ^Meetings were calh'd iu Kiiii^s, Cuiuberlaud, Yarmouth, and Dii^by, but the (loyeruor's friends were bi^ateu. Three counties only, out of seventeen, responded to their caU. Before uiidsummer it was apparent tii.-it the questions at issue were understood by tiie country, and that, whatever the decision iu Englaud might be, Mr. Howe would be sustained at home. ' if! > . r l\-\ i 'I! t| Ml M H -1 1 " ■ ' I ■'■I i i ' - 1 ^ '1'' ,. # W't 288 LORD SYDENHAM. i ;,■ ' si' i 1 'i ' 1 ; ( w. In Mfiy ij was fimioniircd lliat Lord Joliii Russell hud de- clined io present the Assenil)ly's address to the Queen, and tliat Sir Colin woukl ])e sustained. In June it was intimated that lie was iJfoini^ to Eui^land. The excitement all over the Province was very great. INIr. lIow(^ was invited to public dinni-rs in Kings and Annapolis, and delivered speeches upon the topics of the day to large l)odi<'s of yeomanry. On the 9th of .luly, the steamer Unicorn arrived from Quebec. Ilis Excellency the (lovernor ( General came in her, and it soon became known that he intended to assiuiie th(! govermnent. Being sworn in, he at once i)roceeded to business. The lead- ing men of both parties wt^'e sent for, and their opinions in- vited. We have oi'len heard Mr. Howe laugh over his share in these conferences. Prior to the Governor General's arrival, he had been ollinvd a seat in Council, upon condition that he would renounce tlu^ heretical principles enmiciated in his let- ters to Lord John Russell. lie declined the honor upon those terms. On the arrival of M\: Powlett Thompson, Mr. Howe's pamphlet was put into his hands, as evidence of the utterly absiu'd views which the writer entertained. On being ques- tioned Mr. Howe otl'ered to read the pamphlet to His Excellency, and convince him that there was not only no harm, but a great deal of good in it ; that responsible government was just as })racticable in Nova Scotia as in England, and that it was the only remedy for the manifold grievances of which all the Colo- nies in North America coin])lained. The reading went on. Mr. Thompson was asked to o])ject to what he disapproved. Upon a few points he invited discussion or desired explana- tions. The objections started were removed, the explanations sought were given, and before Mr. Howe left the room the foundation was laid of that mutual confidence and respect which only terminated a year after with the premature and melancholy death of the Governor General. Before Mr. Thompson left Nova Scotia it was apparent that the old system was doomed, and that Sir Colin would be re- moved. Expressions in his reply to an address from the people of Halifax were caught at as negativing this presumption, but those who had had an opportunity of discussing politics with \M MR. HOWE A MINISTER. 289 him could not be mistiikon in the bias of his mind. Wliat he would report or do, no man know exactly, but ciiongh was known to prepare us for chani^es in the right direct ion. Lord Falkland arrived in Nova Seolia in Seplember, and was sworn into ollice on the 30th of that month. Four mem- bers of the Executive Council, who lu'ld seats in neither branch of the Legislature, were at on(te intbrmed that their services could no longer be retained; their places wi're required, that gentlemen who could bring to the support of govermnent po- pular qualities and innucnc(! might be called round the Ci,uoen's representative. Mr. Howe was invited to take a seat in Lord Falkland's Council. IIo consented upon these conditions: that Mr. McNab should go in with him; that a bill for incorpo- rating Halifax should be lirought down as a government meas- ure; that other liberals should be drawn into the Executive Council as vacancies occurred, and that all tin; members should hold their seats upon the tenure of public confidence. Prior to Sir Colin Campbell's departure, a scene occurred highly honorable to both the parties concerned, and which we re- cord with satisfaction. Passing out from Lord Falkland's first levee, Mr. Howe bowed to Sir Colin Campbell, and was moving on. Sir Colin called to him, and, extending his hand, ex- claimed, " We must not part in that way, Mr. Howe. We fought out our difi'erences of opinion honestly. You have acted like a man of honor. There is my hand." It was shaken in all sincerity, and, on the old soldier's departure, a graceful tribute was paid by his opponent to his chivalric characteristics. We have now to exhibit Mr. Howe in a new character, — that of a responsible minister to a Colonial Governor tolerably igno- ant of the new principles he was sent out to administer, and sur- rounded, from the moment of his landing, by a good many per- sons not disposed to give them a fair trial. We have hitherto marked his action as a Colonial reformer ; as the fearless leader of a progressive party; as a popular favorite, doing battle against the Government. We must now contemplate him playing a new part, with suddenly changed relations to all around him. His difficulties were great. He had to instruct, satisfy, and control 25 'I ■ r! u >l M'l ' b 'I ttt (,i:' i:' 1 "I i i I f] !j-i3: 1-: , '■ -!' 290 MR. IIOWK A MINISTKII. I IS m m I within constitutional liinils, u noblcnisin of his own ai^o, bred in tho school when? pride iind heady impulses are sj)on1ane- ously developed, married to a Kini^'s (laui(hter, and remarkal)iy good looking. lie had to assert and maintain, in the Cabinet, tho general principles which he had advo(!ated outside; ; and he had to satisfy the country that he was doing so, and that its interests would not be? j(>oi)ardiz(!d by his acceptance of the seat. The House was dissolved in October. On the :i3d, Mr. Howe addressed a long letter to his constituents. He thus describes the changes which had been wrought by the liberal majority within the four years that they had acknowledged his leadership. To understand tho raoasuros we liavo pre-!>C(l. and the changes which have been effected, so far as they touch tin; general prineiples of our government, it may be necessary to turn baek to the slate of things as they stood in 18u(j. At that time a eouncil of twelve persons, chosen, with one exception, from the capital, lormed the second branch of the Legislature, sitting in secret, deliberating with elosed doors, independent of the Governor, who possessed no power to add to their numbers, or soften their prejudices, and far removed from the possibility of cordia' sympathy or cooperation with the popular branch. These twelve per- sons also shared among them the whole executive powers of the gov- ernment. Not one of them was i'e(|uired to appeal to the ])cople, or to secure a seat in the Assembly. They were, for life, the advisers of the Governor, and the rulers of the i)eople, without either possessing the power to shake them otf, or to break through the intrigues and combina- tions, by which, at whatever hazards to the safety of the one or the dig- nity of the other, they sought to conlinn and pcr[)etuate their power. Mark the changes which have been wrought by the energy of those who have been denounced as the enemies of tlieii' country, but whom I cannot but regard as among its most enlightened and steadfast friends. A broader basis has been given to the Legislative Council, which is now composed of twenty members, divested of all but their fair proportion of executive influence ; nine of them drawn froni the rural districts, and the whole deliberating, like the House of Peers, which they are intended to represent, in the presence of the population, who are now as freely admitted to their debates as they have ever been to those of the Repre- sentative branch. If this body does not partake of a still more popular ri!*-: i|" lirfifii; MI!. irOWE A MINISTER. 291 n 1 ■ 1 i ] 1 i If cluirupter, I look to timo for tlio n'lnotly ; and, meanwhile, I eannot admit that eitiier my ('cllea^'iic of iny>clt' arc to hlame. The Kxcciitive Council, no longer rciai'diiig the (^)M('('n's mandamus as pcr.-onal properly, to be lielil i'nv life, independent ut' her who eon- ferred and of those lor whose henelit it was created, now regard it as a ])iil)Iic trust, to he retained only while the eonfidenee of the crown and the confidence of the coinitry sanction llie posses-;ion ; and to be grace- fidly yielded, whenever the honor of the sovereign and the exigencies of i)nl»lic alfairs re([uire a sacrifice of personal inlhience and feelings. This,! think you will admit, is a fme ai)proximation to the principles and practice of the Constitution, as understood at home ; and, as such, it will no doubt be received as a gracious boon from the sovereign, prompted by tli(! enlightened prescience of the statesmen who now direct our national atfairs. Six out of ten of those who compose the Executive Council, are members of the Representative branch; once in four years they must come upon the hustings to ask the peo[)le wdiether or not, for another quadrennial term, they shall surround the Queen's representa- tive, and enjoy the highest honors of the country. Here, then, are pop- ular checks, iiivorable to liberty and good government, unknown to our Constitution previous to the arrival of Lord Falkland, but which make us feel that at last Nova Scotians are admitted to the high political standing of their brethren in the liritish Isles. If it be asked how are those members of the Executive Council who have seats in the second Chamber to be inlluenced by public opinion ? I answer, when they forfeit the confidence of the body to wdiich they belong, or when no com- bination of able and influential men, in the popular branch, can be got to act with them, they also must retire, for, from that moment, they cease to be sei'viceable, and become an obstruction to the government. But it may be asked, do not these changes limit the prerogative, and "weaken the legitimate jiower of the (Queen's representative, so far as to endanger the balance of the Constitution? By no means; the Gov- ernor is still responsible only to his sovereign; the patronage of the country is at his disposal, to aid him in carrying on the government ; he can rid himself of factious or syllish advis(,'rs, by dismissing them ; he can appeal to the peo[)le, by dissolving the Assembly, and call in the power of the Empire, should the great privileges conceded be abused. That they never will be, in Nova Scotia, I think I may ventui'o to pre- dict ; and the highest hope that I entertain at this moment, is, that my countrymen will cordially aid a nobleman who has no other aim than to give them the fullest measure of self-government, peacefully to work out these principles, and to open the widest field for generous and manly ;:!;! If m:\ *:.: I M '■] 'i'^. Mil >l 292 Mn. IIOWR A MINISTER. coinpclilidii, compatililo with tlio prcsorvntion of the prerogative niwl the integrity oi" the I-lmpirc. Yet. it uiiiy ])v Miiil. adiiiitling those ehiuiges to be gouil in tlioniselves, the ngitulidii of the piil)li<' uiiiKl, in orcjcr to ohtuin ihcni, has done (!vih 1 look altroad ior evidence ol" the. trnlli ol' this assertion, hnt eontess I am unal)le to ohiain it. It is true that there have Iteen diseiissions in the newspapers, ami in tlie Legislatui'c, in whieh l)oth |)arlies to the controvei'-y iiave sometimes Iransgresseil llie honndaries of fair debate, but this is an evil inseparable from all kinds of disputation. There was as niueh sein-rilily in the newspapers in the days of Agrieola and f^ord Dalhousie, as in more modern times ; Halifax was as violently divided by Grassie and Pryor's eleetion, whieh Avas a inere personal affair, as it was at the last, or is likely to be at the next, by broad questions of [jublic principle ; while the Harry riot has certainly been nne(iualled by any feats of the party who have been urging these im[)rovements during the last four years. So much for the cajillal ; and if we look to the country, may we iiot ask if an academy did not create more violent parties and bad feeling in Pictou ; a dyke in Coi-nwallis ; and a bonfire in Livi.'r- pool, than have been aroused by the great question of our day, — ■whether the executive and legislative branches of a Colonial govern- ment should harmonize, or be kept in a constant state of conflict ? To me, it is a matter of pure satisfaction to reflect, that by the peaceful agitation of four years, in which, from one end of the country to the other, there has not been a blow struck or a pane of glass broken, great changes have been wrought, and invaluable principles established, for which other countries have for centuries struggled in vain, or have only purchased by civil conflict, and blood, and tears. It is true that the people have talked polities and discussed general principles of govern- ment, but all the time they have been risi)ig in the scale of social com- fort, and mental and mond improvement. Is there less of intelligence, of wealth, of public spirit, of high moral principle, of a taste for intel- lectual pleasure, in Halifax, than there was ? Is there less throughout the country ? No man who knows it will make the assertion. The peo- ple read and thiidc more, but they drink and tight less; there is more industry, with higher intelligence to guide it, but less waste, and fewer mortgages and lawsuits ; and although I am far from asserting that these contrasts are strictly the results of political agitation, I am happy that the improvement in the character and condition of the people has kept pace with the improvement of their institutions. We do not know that we have ever seen the views of perfect m ;iitivo and lomsc'lves, done evil. OOIlfc'SS I ussioiis in it's to t\ui lii' drbatf, L'lioi'o was and Lord lividi'd l)y , as it was of public d hy any luring the c country, artics and in Livcr- r day,— d goveni- iict? To peaceful try to the on, groat ishod, for lavo only that the govcrn- cial coin- olligonoe, for intol- roughout Tlio poo- is more nd fewer lat those )py that has kept 1 perfect MR. HOWE A MINISTER. 293 religions freedom and general jnstice, \vlneh he had ever ineiil- catedj riore qiiaiiiliy expressed than in a paragraph of tliis address: — Upon another topic allow nio to say a fow words. It has hocn ob- jected by some that a si)irit of hostilily has boon nianifostcd to the Chinrh. I will frankly explain to you my views and feelings on this sultjoot. The l)oautiful streams that intersect our country in all di- rections, roll ])ast the dwcdliiigs of K[)iscopalians, Trosbyterians, and Methodists, and shod an e(iual charm upon thoir children playing on the banks. In passing by thoir orchards 1 cannot observe any richer tint upon the blossoms, or liner flavor on the fruit, of the one than of ihc other ; nor is there any distinction in the verdure Avitli which nature clothes their fields. The mackerel run as freely into a Catholic's or Baptist's net as into any other, and I naturally enough ask myself why, as a legislator, 1 should make distinc-tions which (jod in his own good providence has not made? Nay, why shoidd I not rather remove any which others, with the best intentions but with little foresight and most mistaken zeal, have set uj), brooding contentions among the peo- ple? I wish to see Nova Scolians one happy family, worshipping, it may be, one God in various modes, at ditlerent altars, yet feeling that their religious belief makes no distinction in their civil privileges, but that the government and the law are as universal as the atmosphere, pressing upon, yet invigorating, all alike. To me it is a matter of sin- cere gratification, that my sentiments are those of Her Majesty's ministers, and of the enlightened statesmen who represent them upon this continent. My wish is, not to injure the Church, but to see it built up and extended by the zeal and piety of able ministers ; and my desire to change its jjolitieal i)osition, extends no further than that of Her Maj- esty, whom every good Churchman recognizes as its head. Mr. Howe thus alludes to and vindicates the change in his personal position : — In expressing my readiness again to accept a seat in the Legislature, let it not be supposed that I have any pecuniary interests at stake. I have never asked for or obtained any situation of emolument under the crown. My devotion to public affairs has hitherto cost something ; it has not yielded me a farthing in return. Though I would never waive my right to accept office, if thereby I could serve the government and henefit the country, my own industry has hitherto been sufficient for my 25* ill li" i-s' »i. :t'-;. ml ;i'! .| urn \ >M 204 Mil. lIOWi: A MINIS I hU. Stipport, mikI (if tlii-i you iiiiiy lie M->iirt'il, tliiit I will iii'VtT liol'l niiy (iiricc into wliii'li I ciiiinot carry }'(»iir couliilciifr, miil lln' di-cliai';^!' of llic duties of wliicli can, l»y iiny possibility, briiij; iiif into roiitiict with tlu.' true in- terests of the people. Ilaviu^lieeu (.'levatetl Ity Her I\I:ijr'sfy'.s cominaiKl to a seat in the KxeeiUive CoMiicil, a Itrief explaiiation may he necessary oil this suhject, und I make it the more readily hccausi! 1 have no secrets to conceal. When the char;i;(* of personal ambition has hecMi reiterated, hy those who assert their claims to till every post in the country, hy applyin;^ in shoals wliencvcr one ha|)pens to ho vaciuit, I have often >milcdat tlu'ir modesty, and at their ij^'uorancc! of facts. Ilaill sought my own advancement, and not the general good, I might have accei»tcd a scat in Council, in lH.'i7, and helil it ibr life, independent of the people. Again, in IHJJD, had I abandoned my principles, I might have obtained the vacancy oc- casioned by the demise of the lion. .loseph Allison; but to have gone into the old Council, npon the old principles, woidd have been to deserve the epithets which have sometimes been as freely as ignorantly applied. When, however, Her Majesty's government, Ity the withdrawal of Sir Colin Campbell, by the retirement of n large section of the oKl Council, and by the adoption of the sound principles for which the popular party Lad contended, made such a demonstration r.s I conceived entitled them to the coniidence of the country, it secuK.'d to be clearly my duty to ac- cept the seat tendered by the new CJovernor, and to give him the best assistance in my power. You may, perhaps, le(d that some gentlemen arc retained Avilh whom it may be dillicult to act, and that others are left out whose services it might be desirable to secure ; but the question I had to decide was, wdielher at the moment His I.ordshi[) could do more, and whether you would acquit me of blanu! if I did less. I was well aware that I ran some risk in changing my jtosition, and attempting to work out new principles, amidst the feelings and iirejudiees of the past ; but my reliance was upon your good feelings and good sense, upon the principles themselves, and upon the enlightened views and firmness of Lord Falkland, than whom I do not believe there is a man in the Province more sincerely desirous that tlie government should be admin- istered " in accordance with the well understood wishes and interests of the people." In claiming your suffrages, then, as a servant of the gov- ernment, let it be distinctly understood that I mean to give it a cordial and generous support, so long as I believe it is so administered. To Tjress organic changes further — to cherish feelings which past conflicts Lave aroused — to contend for more than can, or than ought to be yielded, until experience Las demonstrated its absolute necessity, would .tti I ADDRESS TO LOUD lALKLANP. 295 8oem to l>P llio «liity iiriiliiT of a good nmn nor of a jjond niiIiJi'cI. Tluif yoii will approve of tlm course I Imvc l;ikcii — (liatyoii will rally anniiul ami sustain llie p;ov<'riunnit of Lord I-'alklninl, until it I'ni iMt' your conll- dcncf. I fannot doubt. My li'lji I' i<, that my foiuilrynuii will. Ity their conduet at this period, prove to iheii overeij;ii (hat lliry ii|ppn'ciale, and are worlhy of the Iioons -he h;is eoiili'ii, 'I : lind lli;il il will he their pritli! to show to (heir hnihren at hnuc .audio liic ^Mrrounding Colonies, that tlicy understand their dutii ;»> wrll ;i- ih< ir rij^hls. Thou^'li a!l the incmlaTs of ilw old Fixecutivc r«>nncil, who had had scats in citlicr l)raiudi of i)}r fjc^islatiirc, wcv in- cludi'd ill Iho iK'w arraii<^('ni{'nts, mortal oil'ciicewas jj^ivcn to the parly who had siistaiiicd Sir Colin, Uy the rciiioval of thn-c or four ^('iillcmi'ii of ^'rcat wraith who had not, and by the ap- pointnient of Mr. llowc. On the other hand, several of tlio leading men in tin? liberal ranks wvw dissalisfu'd bccaiiso thu removals liad not boon more extensive, and the a|)pointinents from that side mor(! nnmi'rous. 'J'hc mass of the population were, however, hopeful and eheerfiil. They saw that great good liad been done, and had unbounded ('(Uilidenee in the integrity and resources of their leader. On the tilst October an address was presented to Lord Falkland by the citizens of Halifax. We presume that it was written l)y Mr. Howe. Re- sponsible govcrnnunit was then the thought up[)ermost in every man's mind. Were we to have it, or not, was the (piestion. Whatever differenees of opinion may exist in Nova Seolia, as in the mother country, U))on political (piestions, Your Lord.>liip will lind one all- pervading feeling of loyalty and attaehnient to Her i\I:ijesty's i)erson and government, and a strong desire for a perpetual union with our brethren at home, under kindred institutions, favorable to rational liberty, and having a broad foundation in public confidence, "ioiir Lordship's long connection with those distinguished statesmen to wh.oiu the Dritish islands arc so largely indebtcil lor the extension of political and nnmi- cipal rights, and tlie amelioration and improvement of their institutions, leads us to anticipate that your host exertions will be used to extend their principles and practice to the Colony now placed under your com- mand. Our fervent hope is that your Lordship may succeed in estab- lishing a strong administration, cai'cfuUy guarding the Quet'ii's ])rero,^'l- tive, while consulting the interests and oijinions of the people ; and that i 'I il I > I il II** '4 !• .,' 1 ■ 1 '■' [ i. 1 1, ■: |- li \j |\ ij . (' ■; ' '* 1 ' X* ' i i 1, ■: :j !;; 1 I 'I Vi 296 THE ANSWER. l£ ::> rm If-'i |Tl( the sound principles of Colonial government, announcctl by Her IMajes- ty's ministers, muy, by your firmness and discretion, be peacefully de- veloped and generally recognized in this Province. The answer given calmed the popular excitement, and con- veyed to the country an assurance that times had changed, and ihat a new spirit had been infused into the Executive. Lord Falkland said : — The warm admiration you express for the Constitution of England proves lliat the inhaljitants of Halifax know how to appreciate, and ai'C worthy of, the blessing to be derived from a similar form of government. I am anxiously desirous that the municipal rights and privileges en- joyed l>y the natives of Great Britain, should no longer be unshared by their fellow subjects in this country, who will ever find nic ready to aid in modifying or remodelling their institutions, when changes are really rerpiired, and may ho safely eHected ; and I trust that a firm and fixed determination on my part to consider talent, industry, and character, as qualifications establishing the most valid claim to distinction and prefei*- mcnt, will secure to the public tl.e services of those best fitted to bring about such ameliorations as may be found practicable. The success of my endeavors to Ci\<\-y out such improvements and al- terations as may be necessary must, in a great degree, depend on the as- sistance and su}>port afforded me by the people of Nova Scotia. Living under a representative government, the inhabitants of this Province are masters of the means by which British institutions have been attained and matured, mider circumstances of difficulty and danger that this country can never have to encounter or overccme ; and the acquisition of all that the Nova Scotians can reasonably desire will naturally flow from the wise and judicious use of the privileges of which they are al- ready possessed. The House was dissolved on the same day, and all parties prepared lor the elections. A powerful opposition was organ- ized in Halifax. The reformers prepared to meet it. INIr. Bell retired to make way for the Hon. James McNab, and that gen- tleman and Mr. Howe ascended the hustings as Executive Councillors, making the; declaration, for the first time in Nova Scotia, that they held their places by the tenure of public con- fidence, and should tender their resignations to the Governor the moment that the support of che people's representatives -fcteaMw-- I r.i PUBLIC DINNER. 297 was withdrawn. The contest, under the old law, lasted a fort- night, and the four reformers were triumphantly returned for the inetro|)olitan town and eonnty. We liad our share in this spirited struijgle, havini^ been returned as IMr. Howe's colleague in the representation of the comity, both of us by largi; majori- ties. When all was over we were entertained at a pu])lie din- ner, in the Masons' Hall, l)y a numerous body of our supi)orters. JMr. Howe, in returning thanks on this occasion, said : — For this sumptuous ontcrtainmout, — fortliis proud, llioii^h ))crhaps un- necessary display of the talent, and int(\irrity, and jjuIjUc spirit of the capital, now spread before me, I, as one guest, thank you from tiie bottom of my heart. My own si'utiments were common to all your representa- tives ; Ave felt that this cxhibilion of your ])o\ver and feeling was not re- quired; we felt tliat the gentlemen who had acted on the committee, and those who supported them, had had laljor and trouI)l(! enougli, without assuming more. But we found tliat tlie large body in whose hands we had placed ourselves, had resolved to pay us this compliment, and we submitted to your wishes. When I look round on what lies before me, — when I see a table cifual to any thing that I have previously seen ia Halifax, and surrounded by numljcrs which exceed those of any former festive occasion, — can I but feel deei)ly grateful for the exhibition? "When I look around tlie board, let those who o[)pos(^ us say what they will, I see the stamina of this community, wliether 1 look to wealth, in- dependence, moral principles, or intelligence. If I want men to build ships or I'car liouscs, I find them around )()ur board. If I want men to conduct the mercantile business, or the retail trade, between man and man, I find them around your board. If I want men to bid the canvass of the country lloat before the winds of heaven, and convey its products to distant lands, I find them around your board. If I want men, who, in the quiet walks of life, teach the great moral principles to their friends and families — if I want men fit to instruct, to support scientific institu- tions, to refine and stamp a value on education; abh^ to meet the best in- tellects of the country in legislative debate, or to give eilieient advice in the councils of the Queen's representative, and possessing the confidence of the country, I find them around this board. If I want men who rely on each other ; who, in private domestic associations, are respected ; who cherish their families, and unite to strengthen the moral independence of the frame work of society, I find them around this board. Is it, then, any wonder that I feel myself proud to be among you r is it matter of I ;'r j m 'ii;i H: fill 1|' :^iil m r>h 298 PUBLIC DINNER. 1%- IV 'h -j II surprise that I and my colleagues should feel excited and exalted by the high compliment paid us ? There arc many things connected with the occasion particularly grate- ful to my mind. About four years ago, a number of our opponents met in this very room to chai-gc tlie reformers of the Province with treason and rebellion. I'^ivc months ago, as many as sit here, met for the j)urpose of denouncing your representatives, and threatened to force them from their seats. It', on either of these occasions, those persons had had the gift of second sight, and could have seen in anticipation, this hour ; could have seen the wealth, and talent, and independence which are met here this night, they would, perhaps, have shown less presumption. They who met to denounce us as abettors of treason, would now find that wc have Her Majesty the Queen, and Lord John Kussell, on one side, and the Gover- nor General, Lord Sydenham, and the Governor of the Province on the other, cheering our endeavors, and saying, "Well done good and faithful servants. Tliis change is grateful and i)leasing to me and to my colleagues ; it is pleasing to some who are not in our position. There are associa- tions beside those uientioned, connected with the occasion. The Great Teacher said, speaking to his disciples, that those wlio would be honored should huml)le and abase themselves, and that the highest should wash the feet of the lowest. On this occasion, your late representative, and he who sits beside him in the chair of this meeting, although neither occupying a seat in the Councils of the country, both hold a position, morally and politically higher than any in House or Council. AVe may well boast, that whether we are called to contimic or to retire, to occupy our seats or to withdraw from them, the popular, the liberal party, are ready to do one or the other. There are times when the triumphs of others touch us more sensibly than our own. If I feel proud and honored on this occasion, I feel more so because my enjoyments are shared by the men that I see around this board, who, through evil and good report, when the banner of reform fluttered in the gale, and Avas often sadly shaken, stood beside the staff, shook the bunting to the breeze, and faltered not in their public duty. There are men hei'e who, in other times and other scenes, would have dared death for their principles, and would have laid their heads on the block rather than desert them. I am proud on my own account, and more so, because these men, who strug- gled so long and steadily under the flag of freedom, see it at last waving its graceful folds above their heads. I may say, in the words of the ira^ mortal bard, '• Now is the winter of our discontent, made glorious sum- mer by the sun of Falkland." Having weathered the tempest, we hav- at last attained that position for the country, which makes it an honor to If ) I ■m PUBLIC DINNER. 299 be a Nova Scotian, native or acloptcd. To take one more lesson from the bard of Avon, I ■would, with old Pro.-pero, here break my wand, cast aside my spells, and be done with excitement ; because ihe times have changed, and peace and happiness extend over the land. I hope to call no more s])irits from the vasty deep of agitation ; but henceforward to urge you to employ your energies in support of the government of our choice, and for the furtherance of measures calculated for the general good. Allow me, also, to improve this occasion, by warning you, that you must not, as the friends of liberal prineii)les, expect too much from the government at present established over us. Our duty is, to give to Lord Falkland a generous, manly support ; to assist him in carrying out measures wliich we believe useful, and wait with patience where dilfi- culti(>s arise, and not expect that every thing can be accomplished at once. I would now say, that so long as you feel confident that llig Excellency's views aim at the pi'ogress of the country and its institu- tions, — so long as you feel convinced that we are acting zealously in your behalf, — give us credit for good intentions; and where we fail, believe tliat we have done the best under circumstances, but that diifi- culties which we could not surmount, intervened. There was a time, when looking round the community, and the Pro- vince generally, only a few could be found who cherished the spirit of reform ; but now I feel, that if myself and my colleagues were to perish to-night, — if we had to withdraw at once from all sublunary scenes, — that, although the grass might grow above us, our principles would not die ; they are engrafted in your hearts, and in the hearts of your chil- dren, and I defy all the cliques and compacts in the world to tear them thence, and prevent tliem from being preserved and perpetuated in the country. Nova Scotia has a high duty and destiny before her. Looking to her narrow boundaries, you may say that it is a small country, and the inhabitants few ; but her inlhience is wide and important. There is no sentiment uttered here to-night, whidi, in ten days, will not be read on the shores of Lake Ontario. By such means it is, that this little Pro- vince has more inlluence and power than could be imagined, looking to her geographical extent only. She has an influence in New Brunswick, in Prince Edward Island, in Lower and L'pper Canada ; and my pride and hope is, that we shall make Nova Scotia, by her loyalty, intelli- gence, and spirit, as it were, a normal school for British North America, to show how for British liberty may be assumed in a Colony, and at what point it should stop, and the people be content. My own belief is, that by the change which has taken place in our Constitution, and by i ■ ■ I ; ■ ■ ,' '! !^:li;- !|l 300 ELECTED SPEAKER. your intt'lli^^ciicf, and virtue, ^ve may beooinc a \vliol(sonin and brij»lit example to all our .sister Colonies. You j^ave tin; health of a nobleman whom I was proud to ,se<' remembered. 1 allude to T.ord Sydeidiara. To his penetration and firmness •«•<> owe the ehanfies which have recently taken plaee, and we eaniiot make a better return for the favors conferred by His Lordship, than by thiowing the influence of Nova Scotia into the scale of Canadian politics, strengthening his hands, and giving the prin- ciples we value a wide circulation, until, in the language of the toast, Great Britain "sees her fairest features reflected in the western wave." ■Ij ;" !J. z!!' The I'lcelioiis tliroughoiit the Province were most satisfac- tory. All the members of the Executive Council were returned, but at tiic same time tlien^ was a very decided majority of lib- erals s(!nt in to maintain the ground that had been won, should there be any disjK)sJtion to go back to the old principles of govermnent. On the meeting of the new House INIr. Howe was elected Speaker, beating jMr. Uniacke only by a majority of two. This triumph was great, though the majority was small. For a self- trained man, having sat but fom* sessions, to spring into the Speaker's chair over the heads of four or live professional, and many older memb(}rs, was a novelty in those days. Some of Mr. Howe's ordinary su])porters did not vote for him, how- ever, sincerely giving the })reference to Mr. Uniacke's admira- ble qualifications, or doubting the extent of their leader's knowledge of Parliamentary law. It was not at the moment perhaps very great, but it was not Mr. Howe's habit at that, or at any time, to want what could be mastered by industry and research. He studied Hatsell, and the best authorities dili- gently, and we do not remember, during the two years he occupied the chair, that his decisions were ever disputed. Both candidates were members of the Executive Council, though neither held any office of emolument under government. In England the Speaker is a member of the Privy Council, but not of the Cabinet. It was clear, therefore, that if we had a Cabinet, and as yet the development in that form was suffi- ciently obscure, our practice at this time was not in strict accordance with that of England. The discrepancy was pointed out, and ]Mr. Howe at once said that "if the House, Km I .{i.iiii '''% ELECTED SPEAKER. 301 by resolution, Hhoiild say that the ofllcos were inconipalible, he would be prepared to vacate one of them." This was never said. A resolution was submitted, but withdrawn after del)ate, the majority beini^ reluctant to lose Mr. IIowcj's services in the Executive Council at that period, or to deprive him of a dis- tinction fairly won by popular election. The practice has since improved. As a Cabinet, includiiif^ heads of departments, has become a nx'Ognizcid institution, the Speaker of the Lower House is generally a prominent man, friendly to the adminis- tration, but without ])eing a nieml)er of it. On the lltli of February, the House went into committee of the whole, when JNIr. Howe and other membc.s of Lord Falk- land's Council made their explanations. These were i^iven in various forms of phraseology, all parties naturally feeling that they were trammelled by the past and touching on lender ground. All the members of Council in the Lower House, however, frankly acknowledged that a great change had taken place. That the members of administration, brought together by the force of circumstances, w^hich had rendered a coalition desirable if not inevitable, were henceforward to hold their seats not by the lif(; tenure, but by the tenure of public confidence. That they were to prej)are measures in the recess, and submit them to the Legislature, taking tin; responsibility of failure or success. That the Governor could free himself from anv unconstitutional pressure by demanding their resignations, iuid that the House might at any time assert its power by resolu- tion, and compel them to resign. Had the explanations in the upper branch been equally ex- plicit and satisfactory, much suspicion, irritation and subse- rpient conflict, would have been spared. But they were not. In a debate, which occurred there on the 17th of February, Mr. Wilkins made a curious speech, in which, after describing the sort of responsibility contended for by the House in its res- olutions, and by Mr. Howe in his pamphlet, he denied that any thing of the kind had been conceded. " He did not believe that the; Province had obtained the English Constitution, or that it could be obtained." The Solicitor General, IVL-. Johnston, made a still more per- 20 i a I' I I t II m ii I i'.H m i.l ^1 k \ ■ 1 1 p I M- m i[] i I !■ km : ; 304 I5ESP0XSIBLE GOVERNMENT. '. I ua- i\ } UV:]\^ ^ii'. fl !i of ii' niitcli iT-pnnsiliility a.-; consisk'il Avitli the exercise of (he (luties of govenimcnl. 'I'li'y ^\olll(l !liti,-» be more at lil)erty to viiuliciUe than they coulil lie if a(]\ ic( Iiad iiol been thought and taken. Mr. SU'wari, anolhcr iiienibcr of the govoriiment, dccliirod that — No (■Iiaii,Lr<' had IxH-n iiiaih' in the Constitution of llie eianUry. and the principles of responsiitility had not l)een conceded, lie-ponsilde gov- ernment ill a ("oloiiy Avas responsible nonsense — it was indepencU'iice. li' the i-espon-iltle government aimed at elsewhere, supposing the debates were reported correctly, were granted by a minister, he would deserve to lose his head. It would I)e a severing of the link which bound the Colony to the mothi'r country. The recent changes infused a i)rineiple into the govei-nnienl, which conveyed by practical ojieration privileges not 1 '..lerlo cnjo^'cd by the people. It was nut responsible government, howe\er. Thcsf spoocho?, whotlior so iiitondcd or not, created at once very gretii distrust in the Hous(! and througlunit the connlry. It was evident that either the speakers did not nnderstand what had been r.^qnired, or that they desired to cover their retirement from gronnd that Avas untenable l)y showing that it was of no vakie. A section of the okl liberal party had, from the com- mencement of the session, shown symptoms of hostility to the government because it contained so few members from that side, and because it could not pledge itself [being restrained by a dispatch from the Colonial Secretary] to adjust tin; civil list. Between his new colleagues and his old friends Mr. Howe had, dm'ing this session, his hands full. His first care was to reit- erate and define the principles upon which the administration had been formed, leavinbell would do neither of the three. He evaded the dispatch by which the new policy was announced. His Council would not resign; be Avould not dismiss them ; he shrunk from dissolving the House, and finally, all parties in the Colony shifted the responsibility off their own shoulders to those of the Secretary of State. That system was at an end. The responsibility now rested on the Governor and his Council, and whether it was called direct or indirect, it was sufficient to insure good government. The direct responsibility which he, as an individual, contended for, had reference only to local appointments throughout the country. That opinion he yielded, as an individual, to the better judg- 26* k 'U 1 ' i i L f ! ', ^1 . 1 II' % i v\ ■|i K J' I' I; ::Mi; 1 1)1 30G TJKSrOXi^IDLE GOVERNMENT. 3 :: i\ i ■■viii mMi 1 / C' :5« i! ^L ■< ■ moiit (if tilt' (lovcniiir (loni nil. The ( Jovcnior, a- tlio Qurcn's ropre- sontalivc, slill disiiciiscd ilii> piitroiia;:^!', Iml, as tli(> Cotmcil Avoro bound to defend Ills a|ii)oiiilMi('iits, llic rcsponsiliilily, even as rej^ardcd api)oint- ments, \va> nearly as jrrcat in llic one case as in the other. He made these stalenu'nts, in order that tlie eountry might bo set right, and Ins own public eliaracter vindieated. With the refractory hkmiiIxts of his own sido, lie romoii- stratcd with ('([uul shicerity. Ho sliowed them how iiiuch hnd been gahietl ; liow iinpossibh" it wtis, when general j)riiK'iples had been yiehh'd which secured to the jjcople the rii^ht to mould and control llu^ administration in all time to come, when four or liv(! i^endemen had been removed, and the conduct of ailairs intrusted only to those wiio liiid seats in the Legisla- ture, that he could contiiUK; a course of fruitless o[)position, or refuse to give his ct)unsel and aid to the Queen's representa- tive. II(^ showed that he had twice refused seats in the Exec- utive Council because the j)rincii)l(! of responsibility had not been conceded, and that he had urged the Governor General to leave him out of the new arrangement, i)ledging himself to sustain the administration if Mr. Huntington and Mr. Youn" would go in. A single passage will show the tone assumed to- wards his old friends : — What position should the members of the old majority have taken up ? Their priiiei[)les had been adopted ; they had shown their powci' by the choiee ii;^lit in, and ho hail not the opportunily in ii siihs('([U('nl slaLTC IIo I'onsidricd thai as the (incslion was likvly to ho raisi'd, whrlhcr or not coniMion srhools sliouhl he supported hy assessment, every ineniher woidil have tho privih';;e of expressing his opinion on the matter. IIo I'eh deejtly interested in the question, and was anxious to \llii-|l il-i'll' liaii riirili-hi'd. 'I'lie tlrlilM'I'aliiiM^ tlu'l I ucrc. ill ilir ('iiiiiiiiill<-(' riioiii, ami tin- piililii' kmsv lidli' nr uniliin'j; nl' wliaL Vas ;r| iirvi r Imtii ijiirly Icsli'd, ami wirr rcJiaMaul In ijial wiili llic (|in-iinii in a -|iiiii uhii'li. it' cnli'ilaiiH'il, iai;:lit Iiavc .-ritlnl it I'im'cmi'. IIi' lili -ali-liiil llial tlio ^'I'litlranii w liii Iiniii'ilil ill the [irc-ciit n'|iiiil liail ;:ivi'ii iiiurli aliciiiioii (o till' siiiiji'i'l, ami liail .-"ii^-'jii'^ti'il -cvrrnl iiniirusi'inciit-. Il' iIh' lluii~(! hIkhiIiI ilfcidc ai:aiii»l a->('s>iii(iil, |wrlia|i> lliry cniiM iml i|<> lii'iicr iliaii adupl the aimiidimiils propo-cd, willi mihk; .-ji'^lit imidilii'aiii)iH. Il.'di.l li(»t mean 1(1 allai'k the rc|iiirl. Imt iMl il hi- duly In try iIh' m'Ii-i' of iJic, J|(ia~i' upon till' a-,-i'~-inriil piim'i[ili' iifliire llial duriiimnl -jiniild nrrivts lull coiiciin't'iicc. Sniiicliim'-, .ureal (|iic-iinii- were carrii'd liy |ir<--.iiri' iVnm wiilidiit acliii^ nil llic Lci^I-latiirc, and xiim'rimcs I.y an iiiN III;.;i'ul i of an iiilelli'nait slraiiier, du the pn-ilinii of aifair.-j us he found lliein in the l'ro\iuce, lie [.Mr. Howe] wa< pi'e|iared to Slil)pnrt till' pi'iuciple, not hecau-e il wa- mi rccniiunendcd, luiL as ail individual niciiiher of this A i I iifi> I { \lm Ii: 'if! il c 310 EDUCATION. ¥M '^ . !' Ill . successor?. lie lioped to sec the day that that wouhl carry, and to find, even thcni. in tliat coniniittce, something hke a tree expression in favor of the jirineiplc. 31enihers were apt to become so engaged with local interests, as ahnost to unfit their minds for the calm considt/ration of great topics. Ihit he a|)p('ah'd to genth'men who were proud of the Province that they were intrusted to r('i)resent, wlietlier any tiling was so calculated to excite attention, as the (piestion whether the people should !»(' universally educated, or one-third be allowed to remain in lamentable ignorance ? He might turn, for illustration, to countries Avhich they should be happy to follow, — to those ancient systems which modern times were proud to imitate, — and ask whether it was not the duty of Nova Sco- tians, in that early stage of the history of their country, to endeavor after similar advantages. Look to the United States ; persons had said that the free institutions of that country had caused it to make the pro- gress for which it had become remarkable. lie honrred those who founded the infant republic, — under circumstances they did wisely,— but was it the mere political institutions that conferred superiority? Were not the boundless resources of a young country operated on by almost universal intelligence ? What gave an active po[)ulation to the valley of the Mississippi, to the territory of Texas, to the western prai- ries, except a surplus ])oi)ulation which had been trained in the common schools of New England. jMassachusetts, by its almost universal men- tal cultivation, could throw off its swarms to every point of the compass, which were ready to direct and lead the way among new communities. In the olden time, it was well known, although the phrase was mod- ern, that " Knowledge -^vas Power."' No people ever rose to eminence, no nation ever attained a brilliant rank in the pages of the i)ast, Avhich did not acknowledge the maxim. Who now ran over ancient story for the purpose of reading of deeds of arms, of fields marked by carnage ; who now track(Ml the steps of the rude destroyer, who made battles his prid(! and pleasure, and set up a false standard of worth before a misled people ? Was not the object of study, rather, the progress of knowledge, the growth of art and science, and the elevation of nations in the moral and intellectual scale. If the fact that knowledge is power was known in ancient days, and prized, how much more should it be now, and in a country such as Nova Scotia. Look to its size, its position, the number of its inhabitants, and by whom they are surrounded, and strong induce- ments would be at once seen for the spread of intelligence, and by it the multiplication of power. They were but 200,000, in a narrow epace, surrounded by millions, Were they not called on to increase m ■,,i s EDUCATION. 311 their energies ? and how ? Was it by attempting to wrest power from those who constitutionally possessed it — by assuming any thing which a Colonial condition rendered inexpedient ? No, but by increasing in- formation and intellect — by adding to the intelligent minds who could illustrate the axiom that knowledge was pijwer. Even when the IMicmac roved unchecked through the wilderness, knowledge — the knowledge of the woods, native talent, energy, and aciiteness — gave one man influ- ence over another, and proved the truth of the; maxim. Classic history teems with evidences of the superiority of the educated over the mere physical mass. ITowmuch more is this the ease in modern times. Now, instead of the wooden hoi'se, and the eatajjultie, and the burning glass, there were the battering train, the shell, and the army surrounded by all the appliances of modern science. Then, in the peaceful arts, they had but feeble attainments — now, there was the railroad, the steamship, the factory, and all that so vastly increased human capability. It might be said that the Province was only a small ; ' . ( ■-f liiij ! 1*1 .,. I. £ m w lll'iiNil^f 312 EDUCATION. nia«scs, in wliii'li or.-o flicy -would becoinc lli(> (ipcrutiii'x jiowcr. Leave education as at i)r('sriit, luid tin' countrv niu-t 1)C iuducuciMl 1)v the cncrtrv ami talent of tlio.-e ai'ound ; make (.'ducation cocxIcnsivL' with the popidation, uive the people a high position, and then they would exert an inllncnec on all surrounding countries. Would not liiat he wise? Should they not emulate the hi'ighl, exaniph; of the motlier country, and prove that hen; the lirilish blood, and language, and name, had not degenerated? Although of necessity cut off Iroin niauy means of infornialion, and stores of literature and learning, which time had ac- cunndated theiv, they should >how that they hail made tlu; most of their limiteil resources, and, >o far as they could, had elevated their portion of the pei)pi(.' of America. "NVei'e thei'c any who did not feel pride in the Xo\a Scotian enterprise wliieh 1)ridged the Atlantie with steamships, and at oilier evidennes of the Pi'ovincial character and genius, which made the country better known at home? AVcre any so careless of the character of the whole jieople as not to give them all the advantages which they ought to possess? This might not be the time — gentlemen might not be prepared to go into all the details necessary for ]ierfecting a measure founded on assessment, but they should ex- change views on it, and compare notes, and so hasten on the hour at Avhich it might be secured. The triangh; was a simjde figure, yet, by its propei'lies oceans were travei'sed and planets measured. The threi.' elements of n'ading, writing, and arithmetic Avere simple in themselves, yet the schoolboy, qualified with these, had the means of all knowledge ; not of the mere information that was acipiired by experience and observation, but of that which passed from hand to hand, and was the result of laljoi', and genius, and seienlilic in([uiry. CJentlemen might feel the iin[)oi1anc(! of what he was urging, by asking for Avhat consideration would tlicy allow these rudiments, and all they had actpured by them, to be stricken from their minds. They were but fifty men; yet if that blank were made, Avould not the country miss their varied information? "Where would their families turn for the skill which wisely conducted ihi/ir affiiirs? "Where would themselves turn for the acciunulatcd stores on wliieh they now relied for the duties of matiu'e life and for the solace of old age? Tlicy were only fifty men a and uld a.-=k EDUCATION. 313 o- o "P thcmsclvos were tliore not ten thousand Nova Scotians growing without tlie simplest rudiments of learning? The committee slioidd also eonsidei', if that number were growing u\} without any ediieatiou, were iho.-e who received some attention taught as they should he? Had they the hest system ; or, in many cases, any thing like a system ? AVas there tile uniformity that should exist on a subject of this importance? lie was led to believe that many of those who were called on to impart the education provided by the Pro"ince, did not exhiliit that missionary zeal which was requisite I'or carrying out the wishes of the gov- ernment. The ado[)tion of the committee's report might do good; it might introduce more uniformity and eiriciency, but it did not go far enough. Under the old system, or that pro^iosed, the entire population could not be educated; nothing but assessment would i)e ellectual. Gen- tlemen from the country felt reluctant to say so, l)ut the time would come when they Avould, and then the want of the rudiments of education Avould be considered, throughout the country, as lowering the caste of a family, and as a state of degradation i'rom which they could and should emerge. All this could not bo accom[)lished except by plain speaking in that 1 louse ; by acting with vigor and wisdom. lie' could not state exactly what the present schools cost the ]ieople ; that could l)e ascertained by returns from towns and counties ; but he believeil if those elements for forming a correct judgment were possessed, it would be ascertained that the amount required by assessment, in addition to what was now paid, would not be very large. The general board reconnnended would do good, and might prepare the way for the wider system. But, when they came to that system, tlny^ .-lujuld b(; ready to lay a tax of about £2000 a year on every countv in the Province. Was that possible? lie believed that it was, and ihat once levied, its beneilcial ellects on persons and ju'operty, would cause it to be lightly borne. If there were thirty thousand children to be educated, the system would require one thousand schools, at an average of i'fiO to each, making in all £00,000. Grants from the Treasury might reduce this to £40,000; and that would include tuition fees, or all that was now paid for education. Tl.o amount to be drawn from the people would be spent under their imme- diate inspection, and would be circulated among tiiemselves, and go back to their own pockets; the amount drawn from circulation would be scarcely worthy of consideration. Means might be devised to meet dilliculties caused by the comparative poverty and thin population of some settlements. Im- pediments Avere anticipated from the action of the different religious bodies, but these were not insuperable. A popular board of management would 27 U i It ■ ( t:"v ' -A „ 'jljl v:'' 314 EDUCATION. domuoli, and lliore was not any lliini;: sectarian in Icaniin!.;- (o road. The books read niiglil bias tin' mindjtnt the nii'ansol'nl'lcr knowledge, tlu; mere operation of reading, need not inteifere with pecniiar views. Tlie same might be said of writing and arithmetic. Another dillienlty related to the teachers. They Averi' descrilx'd as i-very way inade(|nate. The reason Avas, ])eoanse no proper i)r()vision bad ])een made for them. Tn- til the whole matter Avas taken vigoronsly in hand, and pioperly ar- ranged, they need not expect that fit persons would devote themselves to the employment. The (piestion Mas one of deep interest. Was there a, father in the Ilonse who ilid not feel nnxious solicitude as to the (pies- tion to whose care he should intrust his oilspriiig? It was one of the most perplexing iiupiiriivs to the mind of man. Should they not ])ro- vide, then, fur the whole people, — endeavor to accomplish that which was felt individually so important ? Should they not provide for good teachers, for uidtbrinity of system, for books ami diaLii'ams. and the many ajipliances approved in other countries, but which never could be thor- oughly introduced here, without assessment. An objection which pressed on many minds was the nn[)0})ularity of direct taxation. It was un])opular in every country, although less so wliere it Avas experienced than where it wa> only sjioken of. A change to direct taxation for general pui'po-cs, would not be advisable ; yet, ( \ en under such a system, the country might prosper as well as under the pres- ent. ]>ut for the sacred ])nrposes of education, for founding a Provincial character, for the endowiin.'nt of eonnnon schools for the whole [lopula- tion, no hesitation need be felt at <'oining to direct taxation. l''ew, per- haps, were more worldly than him-elf. or more alive to the Aaliie of popularity; yet he would willingly take all the blame, all tiie ini|iopiilai'- ity that might be heajied on him, as one who had a share in eslablisiiing tliat which lie pro[)osed. They were iv})resentatives of the people, and he put it to them, as they were greatly honored, should they not gi-eatly dare? They were sent to do their duty to their eonstiluents. wlielher tlieir acts always gave satisfaction or not. They were sent to repre- sent till! oj)inions of the country, when they believed the people were better informed than the IIon>e ; but to exercise their own judgments ■when they felt convinced that they were better informed than the people. lie called on gentlemen not to ho. too timid in risking po[)ularity, and not to reckon too carefully the price of doing their duty. Were they Christians, and afraid to lay down their seats, when lie from whom they received the distinguished name laid down his life for them ? Were 1:?^)^ EDUCATION. 315 they Nova Scotian.-J, and afraid lo do that v.diicli would (ond to ol(^vate the country to the liigliost hkh'mI f;i'ad(!? If so, llicy wen/ unworthy of the name. Tt was their duty to raise and e-tahlish the character of the country as the character of other countries had been, by the intelli- gence of the peoiile. When tlie name of Swiss was mentioned, why did it impart an idea diflei'ent from that of other-? Uccause by love of freedom, of mental cultivation, ami by valor, that people had become celebrated. The Englishman was known by his manly bearing and honor. The Scotchman had earned a [)ecidiar charaeter lor int(dligence and good sense, ill almost every i)art of the gloI)e. Had not Nova Scotians a name to ac(iuire? and should not that Assembly do all in its power for (he elevation of the public charaeter? IMr. .T. K. Dewolf. Should not some deference be paid to the "well understood wishes of the people ? " Mr. ]Iowe. By governing according to tlu? well miderstood wishes of the people, was meant, the well understood wishes of the intelligcMit ; not the wishes of those who might not be informed on the subject to be ar- ranged. rerliai)S a majority existed, at that time, in the Province, op- posed to the system suggested; but he trusted not a majority of the Avell informed minds. lie admitted that the wislu^'s of the people who were known to be informed, ought to govern the legislature; but, as the mem- ber for Queen's would not yield his parental authority to his young fam- ily, when it was wmited to guide and contnd, — so, although the Legisla- ture should del'er to the intelligent, they should, where they saw the necessity, treat the uninformed as the father did the children Avho sur- rounded his knees. He knew that that gentleman was too well aware of the advantages of education, not to admit that if the two hundred thous- and inhabitants of the country were all educated, they would be as useful for all national purposes, as tour hundred thousand without education. Mr. Dewolf said, '• Y<,'s." Mr. Howe knew that the fact would be admitted by the good sense of the gentleman addressed, and >hould iKjt an attempt be made to improve our system? ]Many measm-es had passed in the House, which Avere scarcely understood by the pe0[)]e at the time; and it was their duty to do what was right, risking the consecpiences, and throwing themselves on the good sense of the peo[»le. Theii- duty at the present time peculiarly was, to lay the civilization of the I'rovince on a broad basis. A few years ago Nova Scotians were shut out from other countries, but now they were in close con- nection with the great lines of communication, and had means of rapid .1 '! '* !; 1 1 ■ 1 ! It 1 1 : ■■ f ^ii r <; ( :! i [ :'^ ii ':| 316 EDUCATION. transmis-iiou to every porlion of tli" globe. Formerly Nov.i Seotians miglit have lived like snails in their shells, satislieil, that if ignorant, the disgrace Avoiild be eonllned to theni>elves ; and if enlightened, that their intelligenee conld seareely break throngh the obstacles by which it Avas .surrounded. Now, however, intelligent strangers from almost every part of the globe were to lie met contiiuially in the streets; and the natives of the Province were tempted by the facilities of travel to change liieir place of residence. Should nol they l)e anxious that strangers might bear testimony to the intelligence ol' the country ; — and that the young men of the Province should be able to take ad- vantage of the broad fields before them? They Ibund that the mil- lionaires of large cities were not always those who inherited riches from their fathers, l»ut persons who had gone in strangers, and acquired rank b}' integrity and intelligence. Nova Scotians, as well as others, would, if rendered capable, spread themselves over the world, and com- pete for the prizes which liigh morals and ca2)ability might win. In every point of view, it was the duty of the Legislature to build educa- tion on a broad basis, to provide for the instruction of all classes of the people. On that they might erect establishments for the higher branches and provide means of cultivation for the more ambitious minds. Man}- in the House might apprehend the political reaction of ignor- ance. If his constituents should desert him for adopting assessment, be would return home, pleased and proud, and amply repaid, by see- ing schoolhouses rising in every direction, and troops of children com- ing from them with intelligence beaming on their faces. Some mem- bers might not be aware of the great efforts made in Europe in the cause of education. He admitted that the Province had not been careless, considering its means, but the ([uestion pressed, Could not much more be done? "What had been accomi)lished in Europe? Germany, for many years, had refrain(Hl from Avar; from aiming at foreign C()n([iiest. England had extended her empire in many direc- tions, and France had adde(l to her dominions; — but (iermany had turned from tliese things, und had been engaged in a gi'eat moral con- quest over liie ignorance of the jjcople. In 1817, Prussia was prostrate and exhausted afier a long war, and part of her [)opulation were serfs and slaves to the aristocratic classes. She was without the moral ma- chinery necessary lor the proper management of her affairs; but she had a wise king and minister, who wi're not afraid to grajjple with diffi- culties, and tlie result was, instead of the s})read of arms, tia; almost universal extension of intelligence, until, according to statistical returns, there was not an uneducated family iu the kingdom. The published '.u[ fWf,-l EDUCATION. 31' fiicls pi'ovoil. tliat i( was possil)]!' to li.'Ut' a wlioli^ pi^oplo cduoatod. In Prii^>ia ilitTc were two millions lour limidrcil tliuusaml oliildren, anil all of tlicsc within tlii' a^es ol" live aiid ronrtcfn wcva instructed. This work done oiic(\ was done i'orevi,')-. Tht' generation taught Avould keep wliat thi'y ohlained, and woulil p('rpetiiat(3 the system Tor thos(^ wlio were to follow. If that could lie, aceompli-lied under a as(nis Avliy this step was necessary at the time. It was important that he should, l)y personal comnuinication wilh tiie (Jovernor General, ascertain whether his policy had ])e(>n ct)rrectly a[)[)rehended, and whether the doctrines which Mr. Howe had laid down, and enforced in debate, were open to criticism or met with His Excellency's sanction. It was natural that he should desin; also to be pres- ent at the opening t)f the iirst session of the Parliament of United Canada, and to hear the leading men of both Provinces, of the more conspicuous of whom he had read and heard so much. In every respect this visit was as useful as it was per- sonally gratifying. Not only did INIr. Howe receive from Lord Sydenham tlu; most cordial a[)proval of what he had said and done, but his lady and himself were treated wilh marked kind- ness and distinction. xVinong the more prominent politicians, of all origins and parties, he was welcomed, as -an old friend, and fellow-laborer in the cause of Colonial elevation. The impression:; made upon Mr. Howe's mind, during this tour, were thus recorded on his return : — Our object in leaving homo -was, nol tu got an office, l>ut to r/ct infor- mation — to ripon anil prepare the mind for the clue portbrraance of the duties of any office which Iler ^Majesty may see fit to confer upon us, should she, which is not very likely, at any time have more than she knows what to do with ; or for the discharge of those humble yet not unpleasing duties by which our past life has been engrossed, lie is not a wise man for himself, who los(>s any oj)portunity of storing his mind with the varied, instructive, and often delightful impressions, which travel only can give. He is not a wise Nova Scotian, Avho shuts himself up within the boundaries of his own little Province, and wasting life •I'l. VfU < J m^ M 320 VISIT TO CANADA. ? i ■:■■ hi f'*' *r anii(l>t tlio ii.irrow itrojiidii'is Mini evil ])a»sion3 of his own contracted Pl)lit'rp, vegetates and dies, I'l'irardless of tlio {^rowing conuuunilies and widely extending inliiieiiee-i by wlweli tin; interests tif Ins country arc aOeetcd every diiy, and which may, at no (hstaiit ])eriod, if net watched and countrraeled, conti'ol its linies willi an overmastering and resist- less j)0wer. Ollnrs may think dill'erently, hut this is our opinion, and we ael upon ii wliencver wr can he >pared from the ordinary avocations oi" hiimc. AVc have never lound that inli)rmalion was troublesome to carrv, or that wv liad too much of it; l)ut W(! have often found that our own linnily circle, our friends, our neighbors, our countrymen, if they will permit us to say so, Avanltd nnich more than wo could impart. Hence oin- lour to C'ana(hi and the I'niied Statis. It has Ix.'cn a very delightful one, dashed, it is true, by the contempl'.tion of strong contrasts, Avhich we wish were less strong, and of the eflects of errors wliich cannot be recalled, but still rich in interest, ))leasure, and instruction. The gi'eat valley of the S(. Lawreiice, from Kamara.-ka to Erie, with its mighty I'iver, its broad lakes, and its tributaiy streams — its stui)cn- dons cataract .and beautiful waterfalls, would, of itself, furni.-h attractions enough for a lover of nature in all her majestic proportions, even if there were not a single human l)eing to diversify the sc(>ne iiyhis labors or his follies. Of this we have seen all that Hying tourists usually see; more, perhaps, than most of them ; nuich less, however, than we could have wished; and, although we had written and read a good deal about Canada betbre we saw it, we would not like to exehango the strong im- jircssions, and accurate knowledge, gathered in a few weeks, for all that the study of books and newspa^jcrs had given us, of the vague and con- jectural, in many years. Thv scenic attractions of Canada are not its only ones. There arc a million of people in the United Provinces, of different origins, with a strangely checkered history, having but one in- terest, — the improvement of the noble country which God has given them, — but bringing so many adverse and conflicting feelings to bear upon its public alFairs, that, to the mere student of human life — to the amateur in politics — we know of few countries which offei- so much of moral and political interest and instruction. Unfortunately for us, we could not always feel or assume the indilFerence of a mere looker-on. As a Colonial politician deeply committed to certain principles of gov- ernment, the application of those princii)les, in all their integrity, to the largest Colony on this continent, was a matter of grave importance; as a Bntish subject, looking through the mists of mere nationality at the ac- tual condition of things around us, there was enough to painfully enlist the feelings ; and as a Nova Scotian, well knowing that every new blunder, !! t VISIT TO CANADA. 321 cvory ra1>o .ilop. fvory sib-unl piTJiiilicc, oi- evil pa-sinii. nay, alnuot CVt'i'V wriiii^ \V(»nl, was to all'i'd tlic I'liliiri' |)(aci', scciirily, ami lia|)|)iiu.'s.s of our own ('oiiiilrv, we may iVci'ly (•()nlr>s iliat, so I'ai' as we were oiiaMcil lo sliidy llii' piililic alliiiis ol' I'nilcd ( 'ana(anei' ol' all who eau aid tlieiu; and those who ean do no jjood, slmnld at lea-t do no harm, by injudieions iiitei-meddlin^, or the pnliUcaiion ol' hastily llirmeil iin[ifessioii!} and crude opinions. The meet injj; of the niiited Lej^islatiire ^avc ns an excellent op|)ortunily. not only to hear all the best speakers, hnt to niako many personal friends and aeipiainlances, amon;f tho-c wdio were pre- viously known to us hy reputation, and others just risinif into notice, and to oxclian^fe opinions with the nn'U in who-e hands the de-tinies of the country will jn-obably be for the next twenty years. Of course wo mixed freely with French and English, and with men of all shades of opinion ; for, lhou;jjh wishing success to the (lovernor General's administration, ami never disguising that opinion, we found, even among thos(,' who op- posed it, the welcome of an old friend to Colonial peace and I'recdom. After spending a month in Canada, and lingering at the I'^ills of Ni- agara for a cou[)le of (hiys, till the mighty catara<'t had roared down tho discordant voices of the Canailian i)oliticiaus, ami the follies of nian were forgotten amidst the sublimities of nature, we eiUered npoii another scene of varied interest and instruction — one whiidi 15riti-h statesmen and British soldiers cannot too attenti\-ely study; one wdiich Uriii-h Colonists are no more '■afe in shutting out of their calculations of the future, than would the mariner lie, who, in crossing the iVilaulic, made no allowance for tho CJulf Stream. The State of New Ycu'k, from Kri(! lo Long Island, j)resents a spectacle of no eoimnon interest. "\\'e traversed it. from Ijutlalo, the great entrepot for the jiroduce of iIh> We>l, i'oUowing the main lines of trailic and social intercoui'se, down to the great Atlan- tic city, leaving, of course, much that should have been seen, on our right liand and on our left, but seeing enough to enable us to judge of the rest, and to till om* mind with new and grav<' rellections. I'^rom \ew York we turned to iht; South, and Congress Ijeing in session, spent a few delightful days at Washington, listening to the debat(^s in the Seuati' and the House of Ivepresentalivcs, and availing ourselves of tiie aid of kind and valued fi-iends to make the aciiuainiancc of many of the ablest ora- tors and statesmen of the republic. The (luestion has been put lo us twenty times in a (l, we lake lliis cnrly opportiitiity of rcrnrdiiip; our ooiivictldM lliat it i- niir I(iiiii'< p(»^s('?«>i, — upiii liarlxnN tor jii'iicfal ('()iimii'i'«'(>, and a Iiomopuroiis popidatiiit il lia< j,'ol every lliiii,;;' el^e that ilie most fastidious political ecoiioiiii-l woidd reipiire. We knew tlial Can- ada was ;i \eiT exteii-ive I'roviliee; tliiit there was some line sceneiy ill it, and thai niiieh of the soil was ;^oo oidy l»y spi'iidiiij^ ,«ome weeks in traversinj; the (iice (if the eoiinli'y that one lieeomes i-eally alive to its va~t pi'opor- tioiis, its ixi'eat iialioiiid feaini'es, hoimdiess I'exjui'ccs, .and surpassing beauty. It is .-aid, so exipii-ite is the afchiteetni'C! of St. l*etei''s, at Inline, that it is not milil a visitor has examined the lingers of a <'hernl), and found them as thick as his ai'in, or imtil In,' has attempted to fondloa dove, and found it far lieyond his re.ach, and imicli lai'gor than an eagle, that he hecomes aware of the dimensions of the. nolde pile. So it id with Canaiki ; a glanee ;it tin' map, or the peru-al of si volume or two of de.«('riplioii, will give lint a liiini idea of the country. It must be J'e/( to he under-lood. We will endeavor lo explain what ne mean. Nova Scotia tiiid Cajie Uretoii together, spread over a space of four hundred miles in extent, iiiid a good sieamlioat will rini ])a-l both in thirty hours. From Anticosti to (|)ueliee is about six hniidred miles, and then, wIk'II you have got ihere, yon are but n|)on tin; thre-hold of llio Province. l'\>r two ilays ae.d idghts yon steam along, after entering the estuary of the St. Lawrence, ai the I'nicorn's highest speed, with Canada on both sides of yon ; and when you are beneath the shadow of Cape Diamonil, you begin to thiidv that you have got a rea-onable dis- tauee inland — that Canada, as they say in the States, is ''considerable of a place," Ibit again you embark, and steam iij) the St. Lawrence, for one hundred and eighty miles furllier, to ^Montreal, and thi'rc! you may take your choice, either to contimie your route, or to ascend the Ottawa, and .-eek, at ;i great(,'r distance from you than you are Iroin the sea, Ibr the northern limits of Canada. Ihit you jirobably prefer adhering to the St. Lawrence, as we did, and on you go, by coach and steamboat, Ibr forty-eight hours more, tind find yourself at Kingston. Looking back upon the extent of land ami Avater you liave passeil, you begin to lancy that, if not near the end of the world, you ought Jit lea.st to be upon the out.-ide edge of Canada. Ibit it is not so; you bave only reached the central point chosen lltr the seat of government, and, although you are a thousand miles I'rom the sea, you may pass on west for another thousand miles, and yet it is all Canada. VISIT TO (ANAPA. 323 IJiit the iniTi' t'xft'iit dl" llii' ('(iimtiy wmild not, iii'i'liMp-. iiM|>rc"; ilm miiiil s«> Hlron^ly, U' llici'c wii-* iiui -n mui'li of ilir \;i-t. llic iii;i'j;nitii'ciit, tlio nalioiiMl, ill all iN Ifuiliii}; triitiirr-:. |i i. iiii|Mi>-il)li' in raiii-y iliat yon an- In a I'rdviiict' — a Cnluiiy; yon I'crl. ;it cvitv .-irp. ili.it Canada inn>t liri'onic a .LM'rat nation, and al cvi'iy -icit yoii |iiay iiio-l di'Sdiitiy lor liic dc-cfiil ii|ioii tin' fuiinlry ol' iIimi \vi«doin, and i'orc-i'.dit, and cn- ci'fry, wiiicdi .-hall make it ilic jiffat ti'i'a>nry ^>\' l>rili-'i in>lilnlion-i ii|i()n tliis conlincnt. and an lionor to thr liiiii-li iimiih'. All iIk' lal|)irit al)o\ c llie i'jiioi'anee, nnd the passions of the |ia»t, and the peiplexities of the pre-ent. and niak<' lis feid that the great creator of the iiniver-e never iiieant >iicli :i t'onnliy to l)e the scene of perpetual political and social condition -hall ln' made to take, more nearly than it doe- now, the Inipre-- of it- natural ii'aliiie-. Caiiadii is !i connlry to he proud of; to in-pire hi'ili thoiiL'lit-; to eheri-li a lovo for the siildiine and heaiitifiil, and to take its >tand anions' the nation- of the earth, in s|iile of all the ('ircinn-taiices which liavi- hitherto reiarcled, and may still retard its projrress. "Whether she .-liall take her .-land hy the side of Britain, i'especle(|, free, eoiilidinir. oi- whether .-he -hail he held hy the slron;>; hand of power, until >he jireaks away, when eirciiin- etaiK'Os I'avor the onthnr.-l of savajrc discontent, is the prohh'ni which ■will prohahly Ijc worki.'il out within the next fiv(! years. Chief ainonp; the resources of Canada, must lie re;zanh'il her hoiind- Icss tracts of rich and fertilo land, h'or many miles lidow ()iiel)ec Iho soil is excidleiit, and the further yon proceed onward the hetter it ho- t'omes, until, in the western regions of I'pper Canada, it is found inferior to none on the continent of America. iS'o man can estimate the niiiu- bcrs that Canada eonld feed, or form the least idea of what its atrrictil- tural export might be, if all the land capable of improvement were iiniler CuUivation. For conveying this prodiiee to market the noble rivers of the country atFord extraordinary facilities; but sixty miles of eanalling are required for the transportation of l)ulky articles from Lakes l\Iichi- gan and Superior to the sea, while the (hstance from rmHalo to Albany, by the Erie Canal, is upwards of three hundred miles. To the comple- tion of the few short cuts which are refpiired to perfect the navigation !■ ■ 1 i I I 1 1 of the St. Lawrence, it is probable that the serious attention of the gov- ^i ' ; I 4 I 1 ll ( ' ii ^"■il ■ i; l.?!l 324 SIR CIIAIiLES METCALF. crnmciit iukI the r.cLji-l;ilni-e will now be turned. Then' mo not want- ing sjinguiiic iiicii ill Canada, wlio would cliciTfully exiiciid upon these ev(My I'artliingol' (lie promised million and a lialf, in tlie confident expec- tation lliat. wlien comiileleil. a veiy large porlion of tlie Hour and wheat from Ohio aial 3Iiehigaii, lo say iK)tliiiig of the productions of the Prov- inee itself, would Ix' attracted through what (hey believe will be the fa- vorite, l)ec;uise the least expensive route. Lord Syclciihiim died on llio 19th of September, having lived to inangiirate the new sysleiii, but not long enough to clearly apprehend its ](>gitiinate results. Before his death the Whigs had been defeated on the sugar duties. Sir Robert Peel earne intt) odlee, and Lord Staitley succeeded Lord John Russell as Colonial Secretary. This change insj)ir(xl the cliques, in all the Colonies, with hopes that responsible government would be discountenanced and ^vithdrawn. Sir Charles ]3agot signally disap})ointcd them, but died too soon. The conservative party in Eng- land had no such design. Responsible government had been loyally accepted, by both i)artii's in Parliau;>ent, as the true remedy for the grievances of North America, with which both had been sulhciently perplexed. But it was a long time before the cliques, in all the Provinces, who had lost or were likely to lose power by the adoption of that system, were; convinced of the fact. The change of ministry, in 1841, inspired them with new hopes, and stiiuulated them to fresh exertions; and unfor- tunately, Sir Charles IMetcalf, with a nature courageous and honorable, generous in expenditure, boundless in liberality, with great experience, great skill, and fine taste in composi- tion, had been trained in a country where suspicion, and contempt for the natives, formed the general rule of admin- istration. It is the first l(>sson that a cadet learns in India, and he has not forgotttm it when, after forty years of service, he is elevated to the rank of Governor General. All Sir Charles Metcalf's perplexities in Canada arose out of the indeUble traces of his eastern training. Tie could not dismiss from his mind the impression, when the Baldwins and Lafontaines of Canada claimed the legitimate fruits of the high positions they had acquired in the confidence of their countrymen, that they 1 M ' f BANKRUPT LAW. 325 I i ■iiii I i. •lit' Eng. were trying to overreach him. He could not be made to com- prehend that a Canadian statesman might be as wise, in tiie affairs of Canada, as an Englishman. That he might be as loyal, as sincere, as careful of the prerogative. He stood too much upon his guard, wilhholding confidence, and, as a natural consequence, inspiring distrust. Collision and doubt, an end- less war of words in Canada, and serious eml)arrassment else- where, were the results. It was not until Sir Charles's death, which everybody, on personal grounds, deplored, that respon- sible government in Canada received Us full development. In Nova Scotia, all parties wvre perplexed, and the reformers serious-ly eml^arrassed, by his proceedings. The session of 1842 opened with fair |)rospccts of strength and harmony for tiie new government. Of the small section of the liberal party that stood aloof, two had died during the recess, and Mr. Young had aece[)ted the vacancy created by the elevation of jNIr. Archibald, and was sworn into the Cabinet on the 13th of January. A bankrupt law, a Ijill for regulating the courts of probate, and one providing for the relief and instruction of the Indians, were among Ihe measures brought down. The two last were passed by both Houses; the first was lost in the Assembly by those who desired to embarrass the government, availing themselves of conscientious objections entertained by country lawyers and others against some clauses which they thought centralized the functions of the court too much. The bill was crippled and abandoned. It was the first government measure introduced and lost. Questions were ))ut to the members of Council to know whether they intended to resign, and notices were given by two gentlemen of their intention to move hostile resolutions to test the strength of the administration. These notices were afterwards withdrawn ; but, as it became desirable to ascertain the true position of the government and to break up hostile combinations, if any were forming, it was deternHiied that a vote of confidence in the-governmcnt should be moved by friendly supporters, and that the real strength of the opposi- tion should be tried out. This was done; and after full debate a majority of forty to eight sustained the government. 28 h^ I- ■ I 'i >yi' * f ' |u[^ r^ t I'J 32G DODDEAN CONFESSION. i ■| M A I' h'!f tii ,i|Pl"^'l ff;i <. ^ in 'H li-;. I '* n i^ )' '! 1 Mr. Howe's speech on the occasion occupied two hours. He traced Ihe acts of the Cabinet, defended its appointments, and showed that however formed it was discharging executive functions in a just and liberal spirit. Scarcely had this proud position been won for the adminis- tration, when Mr. Howe's colleagues in the Legislative Council struck it from beneath their feet. A speech was made in that body by jNIr. Stewart, and carefully reported, in whicli the prin- ciples of government, as frankly explained and understood by all the members of the administration in the lower House, were so toned down and negatived as to be incapable of explanation or acceptance as a system of government. Attention was im- mediately called to this speech, which was denounced in the press and in the Legislature. It was apparent that some an- tagonism existed in the new Council, and that the elements which circumstances had outwardly combined did not inwardly liarmoniice. The determination was general to put an end to this state of things, and to have an authoritative declaration, in some authentic form, which should bring the whole Council to an acknowledgment of their responsibility to the Commons. Mr. Howe made no secret of his determination to retire, and allow the majority to test their power to overturn the govern- ment, if a doubt was suffered to remain that they possessed it. The danger was imminent. A meeting of Council was called, and Mr. Dodd was deputed to make a statement which it was assumed would be satisfactory. He referred to explanations which had been made in the House (during his absence), stated his hearty concurrence with these, and expressed h's gratifica- tion at the vote which resulted. He then referred to the pub- lished remarks of members of the government in another branch of the Legislature, and explained. The Hon. Mr. Stew- art, he said, was not treating the subject of government fully and regularly, but was only giving an answer concerning cer- tain points ; and that that gentleman fully concurred with the members of the government in the House of Assembly respect- ing views which had been expressed of the system now in operation. The other member of government (the Attorney General), whose remarks had appeared and were considered cor- .}ii 1 1 CLOSE OF THE SESSION. 327 I ng cor- roborative of INIr. Stewart's views, had made similar expression of concurrence ; and, moreover denied tlie accuracy of the report of his speech, refusing to be bound by that which he had not revised, and did not acknowledge as stating iiis sentiments. Mr. Dodd then proceeded to read a ])aper, which will be found in the appendix, and which was at the time jocosely called a " Confession of Faith." In this paper, while the Governor's responsibility to his sovereign was declared, and the responsi- bility of his advisers to him admitted, their obligation to defend his acts and appointments, to preserve the confidence of the Legislature , and the right of the popular branch to obstruct and embarrass them, was affirmed in the most explicit terms.* This declaration calmed the air, and the session closed tri- umphantly. Mr. Howe's speech in defence of the government was republished in Canada. The Montreal Courier thus ex- pressing its opinion of its merits : — A very im2)ortant speech was delivered in the Nova Scotian Assem- bly a fiiw days back by the Speaker, the Hon. Joseph Howe, from ■which we gather most of the leading points of Lord Falkland's adminis- tration. A more favorable statement was never made, nor could lan- guage more appropriate have been selected to make it in. It came as a death blow to the hopes of the enemies of the administration, and will serve to show the grossness of the misrepresentations with which, even in this part of the world, Lord Falkland's government has been assailed. As this speech exhibits the working of responsible government in Nova Scotia, we sliall proceed to make some extracts from it, elucidat- ing its principal features. We liave here the spirit of Lord John Russell's famous dispatch, fairly carried out, and from this form of government — responsible or not responsible — we fearlessly assert that no man or set of men, either in this Province, or at home, can ever depart. We may improve the action of the government and select other men to give energy to its deci- sions, but the system itself and the principles on which it is based are immutable. Though so large a majority in the Legislature had expressed * Doddcaa Confession. — See Appendix. w ' li ^'l H 1 ■ ' V ' 1! If.;. 1 1 ;..ij i! ■!■ ! i| gPP 328 constitutionalist's letteus. I t hi fifli ' ^ !l ! I I' ,' i its approval of Iho administration, and pledged to it snpport, and although that majority included many of the ablest and best business men then before the country, outside there was an or- ganized oppor^ition of a very virulent kind. Several of the gen- tlemen Avho were compelled to retire, on the formation of Lord Falkland's government, were men of largo fortunes and fair social standing. Not being members of the Legislature they could not be included in the Executive under the new system. They could not or would not comprehend the necessity which compelled their retirement, and deeply resented what they per- sisted in regarding as personal' injustice and degradation. Their feelings were shared by relatives, friends and partisans. These overflowed into the press, which was characterized by bitterness and personality, up to that period, unknown in its political history. On the 23d of June, a writer, under the signature of " A Constitutionalist," appeared in The Nova Scotian. In a series of nine letters he grappled with and refuted every charge that had been brought against the government by the newspaper writers of the day. He explained and illustrated, in popular and attractive language, their principles and measures, and carrying the war into the enemy's camp overwhelmed them with sarcasm and drollery. These letters were, at the time, and have been ever since, attributed to INIr. Howe. The au- thorship has never been either acknowledged or denied, but the effect of them was very striking. They were eagerly read all over the country, and the scribblers who had, for months, assailed the jiopular party, were fairly beaten at their own weapons. On the 7th of September, Mr. Howe was offered and accepted the ai)pointment of Collector of Colonial Revenue, vacated by the death of the incumbent. The legislative session commenced on the 23rd of January. On the meeting of the House, Mr. Howe stated that, having accepted an ollice of emolument, he felt it his duty to resign the chair. The propriety of this step was at once aclaiowl- edged. His resignation was accepted, and his services were recognized by the passage of a resolution, by unanimous vote, 1 K support, nid best LS an t)r- tho gen- ol" Lord and fair nrc tlipy system. y which hey per- radation. (artisans, ■rized by ni in its e of « A 1 a series arge that 3wspaper popular ires, and lod them he time, The au- [, but the - read all months, leir own accepted .catcd by January. t, having o resign acknowl- ;es were ous vote, QUALIFICATION BILL. 329 in wiiich the House recorded its sense of his impartial and correct deportment in the chair. Mr. Wm. Young and Mr. Huntington were candidates for the Speakership. Tlie former was a member of ihe Executive Council. A resolution was passed declaring the two ollices, henceforward, incompatible. Mr. Young was elected by a maj(n-ity of two, accepted the cliair, and tendered his resig- nation of the seat in Council. On the 8th of February, the Qualification Bill, aimounced in the Governor's speech, and brought down by the Execu- tive, created an animated discussion, and threatened, for a time, the defeat of the government. The nature of the measure will be gathered from a speech delivered by Mr. Howe on the second reading. Sir, ill rising to move that tlic bill be committed to a committee of the vv'liole IIoiiso, F feel it my ilnty to offer some reasons for doing so. The motion, if agreei;ni.'li of (lie Lcirislntui-c, is inuc.-li'iclcd. lie looks o\ cr llic wliolc l'ii)\ incc, ;nid si'li'cls men from every pari, wlioni he deems most fil lo repre^enl llie Nurions classes of llie Avliole iieople. iu liie Conneil ; lo snsiain llie jnsi i-i^lils of the ei'own, mid lh<' iiiten\sls and privileizes ol' the popidalioii. There the prerogative nm- over ilw. counlry at large; and shonld not the people have similar ad\antages ? Should till' Executive, in foi-ming one hi-aneh, liav(> sneli a wide elioico, and the people, in forming another, he coiilined to a narrow eirelei' Jn I'ingland, the elective fi'anchise is conlincd lo comities, lioronghs, shins, and cities; her<>, (o comities and towns. The limilation was wisely made, in order iha! every inlerest might, be fairly represented. IC it were ?iol so restricted, the inlerest which inchideil iIk' majority ol" the people would send all (he repres(,'ntatives. Such a re-lriclion is wise and necessary lor the ends of pro|i(M" rejtrcsenlation and of justice. But when representatives have been elecled, ihoiigh they are considered the peculiar guanlians ol" the places whence ihey were reliirned, by the theory of the Urilish C'on^liliition, which we claim for our iiiherilanci', and according to the views of the highest minds in the eiiipir(>, the moment a man lakes his place in Parliament, he is not a representalive of a part of the country, but of the nation at large. So far. llie theory and practice of the Province agree with those ol" thi> mother country ; but when W(> come to llu' mode of sideclion, a great diileri'iiee a[)pears, — a dillerenee wiiich ihe bill before llu; IFouse is intiMidcd to remove. In the United Kingdom, a man who holds a (inalilicalion in any part, luay run an election in Knglaiid, Ireland, or Scotland. AVliy should not similar privileges exist in Nova Scotia? Mot only may the elec- tors of KuLtland choose from the three? kingdoms, but they may range over every portion of the empire, and select a man anywiiere, who has the one rciinisite (lualUication. Thus Liverpool may choose from Canada; Manchester from Jamau-a; and even London from Nova Scotia, if the eonstitneneies of the respective places iiiul a IJritish subject in any of these distant possessions who hus the IJritish (pialiliealion, and whom they preler for their representalive. Have you a similar range in the Province of Nova Scolia? No. The existing law says that a candidate must own property in the immedk-.te place which he seeks to represent. Is this limitalitm wise? That it is not, I believe, because it is not Dritisli; and because I believe that no good reason can be ad- duced for the distinction. To be free of Great Britain, a man need to xi'ciitivc, c.l. Uv. rl, whom Hcojili'. in iiitcpcsts (ivcr (lie. Ic cliuice, •1." y lioroii^^hs, ilion was iri'sonk'il. iijority of rid ion i.s )!' jiisliof. oMsidcrotl I'd, by the licrilanci', iipin^, tlic t'scntativc lie theory ■ country ; ai)pc'ars, remove, my part, ly t^houhl the clcc- ir-^c over ) lias the Canada ; tia, if the m any of nd whom range in ys that a he seeks c, because 'an be ad- n need to QUALIFICATION lULL 331 hold only one property ipialifiealion ; to be i'vvi' of Nova Scotia, with its three himdrcd miles of Iciij^'lli, and its two hundred and lil'ty thousand inhabilanis, a man .^hoidd hold lhre<'-and-t\venty I'reeliold^. Was there any thinu; in the eonntry which ealleil lor that ujnal disliiiclion ? I'',ven if restriction were wise for an old, weallliy Colony, would it be for on*! lik(! Nova Scotia? "NVa-^ there any thiiiii: restrictive in knowledL'c, states- manship, or eltxpii'nce, which would evaporate except a man came from ji particular >pot ? No; and those who |iosses-ed the.-e (pialilies oui^ht to be allowed to test public opinion in any part, of the. couulry. At ])resent, a man incapable of mauauiui!; hi-^ own concern^, of addressing !i sentence to iIk; House, may hold the twenty-three iVcelioM-, ; yet a man who would be an ornament and honor if Miecled, may be coufmeil to a narrow s])ace, and elU'clually debarred from public life, lly (he restrielion, able men are .-hut IVom a maidy appt'al, and from a trial ■\vitli persons of similar calibre in the halls of legislation. ]Iow stood these matters in other countries!'' I do not, sir, pretend to be very inlimab; with tlu; eou>titutions of ancient a<--emblies, but I remember enough to know that the seiuilors of Koine were, senatoi's of the city ami the em|>ire, and represented tli(; people at large; the Iribum.^s were (Ik; tribunes of the people; the consci'ipt fathers were i'alhers ol" the state, and of all its population. It" you go to Athen.<. birth, talents, and pro]terty, will Ik; found to have given (jualilicalioii ; but if I mi.>take. not, not property in a particular street or district. In Canada, as is well known, the Uritish practice presails. 1 do not, sir, love things merely because (hey are established. I think that things which are established have a connnon argument in their favor, — ihnt they are es- tablished; and (hat (hey have worked W(dl in (he countries where they exist, I nmst believi! mitil reasons be shown to (he contrary. I do not my that we are bound to follow those (^xami»les ; but I ludieve that llu! present practice of the Province is injurious, and that the practice of England may hv. safely taken as a guide. My reasons Ibr these opinions, sir, are threefold : — Firs(, I believe, (hat the proposed change would be beneficial, as re- gards the rights and pi'ivileges of the electors; secondly, as regards the elianieter of the Parliament ; and thirdly, respecting the powers, and rights, and pri\ileges, of individuals who may be called to represent the country. First, as respects the privileges of the people. If His Lordship, in announcing the measure, had not faithfully described it as calculated to extend the privileges of the constituency, the House ought not to pass it. 1 1 ■ ^:ri; )..;,[ '11 1 .?' 1: I: i! i i :,«. mm. ilfe; ■.i. i : ■III -.. ,f !, , i 1 ! i ! :' i!l i 1 :■ 1 1 t .^:p ' i! 'ill. .kH: i ; ■^arf i^F 332 QUALIFICATION IMLL. Eiit if it can bo sntisfactorily shown that if will oporalr a- dosrrihctl, then I trust that th(! Iluiist^ wilh ji m'Mcroiis feeling, a right-iniiuled apiu'eeiation cil' the intentions of the lOxeentive. will aeeept and pass tilt! hill. Why. I may ask, should flu; people he restraineil in their choice':' Wiiy >hould any portion he conlined to particular limits in get'kinj^ a represintative? If (ifiy men are to he sent to this House, and are to demand the respect of the constitnency, why not the constitu- ency he cnahh'd to make the body as eilicienl as possible ? Why should the people, whose riujlits and privileges we should wish to extend, and to ])lace, not oidy beyond the conti'ol of the Kxecutive, but the control of any other power, except tlu'ir own judgments, — why should they be hamiiercd by an anomalous law. in so important a. matter? ]\Ieu in search of a horse, a wife, or a farm, have tln^ whole Province to choose from. You would not say to a man in search of a horse, you shall be conlined to Lunenberg; where, jx'rhaps, they set as much value on an ox as on a horse. A man in search of a wife should not be restricted to Falmouth, where, without meaning any thing disparaging to my friends from that (piarter, th(>y i)i'ize their horses nearly as much as their wive?. Should a man, seeking a farm, be jjrevented from looking beyond the county of Ilalil'ax, where a good one is scarcely to be ibund ? In- stead of this, ])crsons so seeking may go to any part of th(> Province; but when we come to the representation, a great difl'ercnco appears, and the same freedom of choice is not allowed, but a narrow circle is drawn, and a constituency is told to select the best within that. I hoi)e that this needless restriction of the rights of electors will be removed. Looking at the subject under thi> second head, as respects its effect on the character of the Assembly, — is there a man within the walls of the House who has not felt himself trannnellcd by the absence of some such measure ? AVere there not many who felt that they had served the country faithfully ; that they had maintained their independence — had never bowed their spirits before the authority of government to the pre- judice of the people, and had ever upheld wdiat they believed to be right, but who had also never stooped to pander to sectional and local party influences of the small places for which they had been returned, and who might therefore be met by the opposition of those influences? What member was there who had not felt that, although he had in this manner truly performed his duty as a representative, he was liable, under the present law, to be judged or misjudged by a petty fragment of the population, by some insignificant fraction, influenced and inflamed by some jjaltry consideration ? I appeal to the House on this point, QUALTFICATION miJ,. 333 ami iiif|iiiro, will not IIk; passage of tin' bill ri'iiKivc iIh'm- barriers to frcciliitii fit' aclioii, and liavc^ a tcinlciicy to i-aisc llic cliarai-tcr ol' ilio As.-cMiblv ? I believe it will. I believe thai to t^ive every luiblic man the I'reeiloni of a|i|ie;il to the ulinle eoiinliy will have a Icn- (Uiiey 1(1 break down these ~ec(i(Hial t'eelinLT-i. It will give to tlio jtopnlalitin of Xuva Scotia what every pnldic man in Mnglaml pos- sesses, the right and powei", and [)rivilege, ol' ap|»ealing I'loni pdly fac- tions, and ol" thi'owiiig tlienis(dves, ((»r ac(|tiittal or condeiiniation, on the great body (»f the people, wlioin by theory they represent. In lurinng lo the third branch, sir, of my argument, I have to con- sider the eirecl ol' the bill on the position, rights, mid inilepeiidcnci! of individual members of the Assemi)ly. I f(.'el, .-ir, that wliih; in theory wc represent the whol(! people, We have not, in practic(>, thai which .shonld follow sncli theory, iIk! right of an appeal lo the whole, bnt allow a iraclion to condenni those whom the whole might sustain. I ask, is that English — an in([uiry which always has weight in this House. I turn to the history of England ; lo those proud records of the. mothcf country, lo which we never turn wiihoiu feeling our bosoms sw(dl: with- out being cheered by proud examples, I turn to that exiraordintiry jieriod when l^lliol, and Vane, and I Iam|)don, and their copatriols, strug- gled for liberty against prerogati\ c, and I find that then^ was scarcely a public man who did not throw himself on various constituencies. If wc come down to a later period, bcLdmdng with the administration of Sir Eobert "Wal])ole, and ending, if aou will, with thai of Sir Robert I'eel, we can scarcely find a man noted for ekxpience and ])atriotisia who has not been coiulennicd by sonm singles constituency, which, if it had the power, would have crushed talent an tind that lie rfprcsnilid Clair, Kerry, IMcatli, Cork, and DiiMin. Who that was llnniliar with the his- tory of pnhlic affairs wonld say that such an cat^lr's winirs .»hoid(l be (dijipcd — that ho should ho tied down to any sini^lo horou;^h or town, with- out tho right of appeal to all? Mvn in ICnuland could huy him over and over apiin, as regarded nionied wealth, dciiendeiit as he was on his profession, and the gratitude of the nation. AVhat «'hanet! woultl he have had with men of X'uO(),('0(»;i year, if he had not had the privilege of throw- ing himself ni)on any part of the kingdom? "We eome now, sir, to the modern economist, who may Iiave made some groat mistakes about the Colonies, for he did not take iiito his calculation that within Her INIajes- iy'fi dominions there were no men more atlaeheil to her person and govornmont than Colonists ; but would any man who traced ]»arl:ament- ary history wish to .see Joe Ilnino thrown out of the groat Assembly of the nation? Some sinocurists who had been cut down in emoluments by his calculations, or some who otherwise prospered by corruption, might have wished that ho wer(! limited to one constituency; but such persons wore few in ninuber, and by a better ^>tlii;ruisiii(l iiirn UCf()iii|iIi>lnMl or atlt'in|tt<'liiri', and 'I'ivi'rlon. I now conic to the ])rcs(iit Premier, and ahiioUL,di 1 liavc diU'ercd in views from t lie head ol' llei- Majesty's ('ouneil<, I can reinenilier no period when 1 wisiied to see a man ol' his powers of mind removed i'roiii tiie. I'aiTiainent of (he coimtry. I would he soriy indeed to see a man of sneli talents and ac([Mirements limiteil to the jiid^nnent of the smallest "Whig, <»r Tory, or llailical coii>titneiiey. Sir Ivoljerl l*e(d would never liavo risen to the eminence which Ik; occupies, he woidd iiol have ripened his powers ol" sagacity and cloipience, if he had not the privi- lege (jf appealing to every section, and of niainlalning his principles iii every part of the kingdom. He lias r"presenteil Oxford, We.-thiiry, Cashel, C'hip|)i'r(oii, and Tamworth. > ■ that gentleman will perceive that the ])resent I'remier of Kngland has sat for five or si.v jilaci's, and that his experience is strongly in favor of .-uch provisions as those rec- ommended to the ]h)U-i'. I now turn to Loi'd Stanley, one of the ablest debaters in the I louse of Commons, and a uolileman rilish government sincerely to carry out tlu^ principles which ■we are endeavoring to establish in this IN-ovincc — as desirous to extend to the Colonies the principles of tiie llriti.-h ('onstitulion, and thus as- simulate the condition of Colonists to that of the residents of the United Kingdom. Lord Stanley sat for Stoekbridge, Preston, "Wind-or, and North Lancashire. May I not turn to these illustrations of the jirinci- ple which is before the House, in i)roof that its i)raetice is beneficial? Looking back on the past, would any man wi^h that one of the lumina- ries of those times, should be excluded from puljlie life by nai-row re- strictions? AYould any wish to lose one brilliant speech, one admirable measure of these men? "Would any, no matter of what political shade, strike from the galaxy of British talent one of its ornaments, or keep any one great man in obscurity because he had maintained his indepen- dence, and asserted his principles ? Would any wish to apply to the persons enumerated restrictions like ours ? If there were one so actuated, I would tell him that under such circumstances some of the noblest flights of eloquence, some of the wisest laws, some of the most valuable expositions, would be lost to us, and lost to the country, where they are treasured in tlie hearts of the people. n m\ 1 1 1 !: 1 .1 ■ I ' a K) f 9BS 33G QUALirU'ATION DILL. } t m '^ ■ i I if I firtl I aiii iiwiirc, sir, lli;it it iiiiiy I Iijrcicd. tlmt llii-> Iiill Win iiitroiliu'tMl two yciiis .'I'^H); wMs ()|i|)o-c{| Ity Miiiii' iiiciiilicrs of u'livirmiunl ; ami was lost. If ill lliMl liinr ^Dvcriitiiriil had coiik; to iiiiilcd dclilx'l'atft action on tlic mcusiiri', I woidd not lie a-Iianud to say that ^^oviTiiiiiciit liad bc- como wiser at tlic present day. NVlun llic Iiiil was llrst iiitrodiieed it was o|)|)os('d l)y tlic liieii Attoi'Mey (icneral, in an ai';xiiiMrnlatIve speeeh, and that kii()\vicd;.'e of the prejudices of llic conntry wilii uiiicii lie was so well acquainted, and with that animation and hinnoi- whidi lie could so readily hrin;,' to bear on any (lue-iidii. 1 was in iJir cjiair nf the IloUriu on the o( caMoii, ami f( ll as I do now, without having the power to express an o[>iiiion. There was no united action on the measure thi;n, — the iroveninieiu had been but newly Ibrmeil ; it hail not time for ('on>ultuti(tn. or lor a review ii'. Ilial llie bill woidd have been useful under the old >y.-leni, 1 feel now thai it is an es-icntial element of the new coiistiliiliou. What has occui'red in Canada cilice then ? I invite the alteiition of ireiitlemaii. not that they may be p(M"siiah constituencies, and was compelled to throw him- self on one of the French counties. In that country they are linding the value of the l>riiish system, and w(! will, by and by, find it here. Under the law in operation ia Nova Scotia, such a man as ^Ir. Ihddwin would be compelled to buy half a dozen freeholds, instead of one enabling him to run for any part. "Why should not tlu; law found nseful there ii])ply here ? Why should violence deprive a man of the right of appeal? AVhy should local pre- judice turn an Englishman, any more than a Frenchman, from the halls of legislation, without such redress as was enjoyed in England? I may turn, sir, to Nova Scotia, ibr some possible illustrations of the application of the priiici[de. I may fancy that the S[)eaker of this House, might at sona; time have voteil against a (Jovernor who had s'rong na- tional feelings in his iavor, and ibr this vote that he might be turned r, ■■ H ■i'l r| '■'li QUALIFICATION BILL. 337 I < t piiltlic fioiu ;i |i!ifliciiliii' county, — rcjcctrd, imt hcrail^i' Ii'' Iiml iinl mlciniiifft t!il<'iils. di' dill not MTvc liis ('on'titn«'nt> liiitlit'nlly, Itnt lucini-f In' li.ul poIilicMlly ilill'd'cil willi n ^I'titlcnian, ulio-<' coMnlryniiMi wrrc inlliiriii'i'il I»v old, and vniri'Mldf, and lii;,'ldy r('-|)cctali|i' a<-ocialion'. Sii|i|io-in,;^ lliis to 111' ilic ca^c ; \\\\y wiMdd yon dfprlvi' lln' llou-c ol' it> Sinakt'i', and iIm' Province oC his lalful-i, wiilmnl any ii;jlil of a|i|M'al lo a wider and le-> prejudiced li'ihnnal? Snppo-e liie Solicilor (Jeneral, or lii.s lionoralde colIea;f||e, wlioiii I i (|iially re«pect, were Inrni'il from ihe repr<'- ^eIllalion of Cape lireton, Ity nn ans of thai excilinj.', I»nl, lo my mind, inoii^lronsly ahsnrd ([uestion, the repeal of the anion lietween thai i-laml and No\a Scoiia, — >nppolioidd not <'nfer these walls ai^ain, hecanse yon wi-Ii to retain a resli'ictivc law? Fancy another instance, which may not ho \t'vy nnllkely to occur. Wo all respect the intidligence and indepenilenco of the honorahle member from Vannouth ; -uppo-e that he .-Imnld not. bo iiH'linetl to f^i\e as mncli of tlie jmldic fnmls to one particular in>titntion, as its friends thou,ij;ht that it was entitled to, — imaj;ine that the circinii- .stance were l)roui,dit lo bear on his seat so as todeprive tin' I'l'ovinceof bis services, — would y<»u say that lliut .should be tho eii.-p(al ? I'nder the present law that could occur; under the bill before the House he could come to Halifax, and throw bimsges to every part of the Province, T made enemies of those who wished to restrict them to the capital, and that I fijund myself supported by the minority only ; should I not luive the right of appeal to those ports which had been opened against the wishes of those who desired to monopolize such advantages ? Or go to Argyle, so well represented by 2a 11!^ h : f: I I "I i' I' I ill > \ > M 338 QUALIFICATION BILL, the gentleman who comes from that plaee; thcn^ the iiopulation is lialf French, half English ; if a man of talent wei'c to arise among the French, and that some jealonsy math' him nnaceeptalile to the Knghenchman there -who had a desire to serve the Pi-ovincc; at large, and from the specimens that part of the poj)nIalion have sent hen; — from the Conrtesy, kindness, intelligence, and modei'alion of llio-e wjio have repre- sented them, we nniy be prepared to see a nnui of hrilHant tah'iits rise from among them and chiim jtuhlic attention; would yon say to such a yonng Frenchman, whose mind was informed hy the literatun; of two nations instead of one, — would you say to such n man, You cannot come into the Assembly of the J'l'ovince, excejji for Ai'gyle, although you miglit Ibe respected elsewhere for your talents and moral character? Look to Guysborough ; that district is divided by a bay and a river. Now, in- stead of the young F^'cncinnan, suppo-;(! a man there, of brilliant talents, judged by the local feelings of fishermen and i'armers. F'ancy such a man on the farming side of the harbor, driven irom the hustings because he did not lay a duty on salted provisions, and rejected at th(i other side because he did not fully understand the mysteries of clear sheer pork, which fishermen prize so much. Hundreds of such instances could be given. Go into Colchester, and those who know it best will corrobo- rate what I say, — go there, and what is the exciting question ? what has divided men's minds during the last two years? lias it 1)een responsible government? Not at all ; the whole jtopulation are in favor of it. Has it been the diiTerences between J^ord Falkland's government and those "who oppose it? No. lias it been any (piestion of pul)lic policy ? No. What then? The entire county is se])arated into two ])arts by a river, and the parties in opposition are those on each sidi' of it ; the (pie-ition being on wdiich side a proposed road shall run. That was the all-absorb- ing question there, and on such should a jjublic m:ui be judged, turned from the Assend)ly, and refused a])i)eal to the whole peo[)le ? It might be said, that the law of the land allowed a jury of twelve men to decide questions of life and death, and why not allow a small constituency to decide on public character? It should be considered that a jury properly chosen is supposed to represent the whole country. The body is purified by a fair challenge, it is bound to try cases by established rules of evidence, and luis no interest in the matter on which it is to pro- nounce. The argument does not at all api)ly to constituencies, who have an interest in elections ; they may bo misled by fulscliood, and inflamed N 4\ i Ui I QUALIFICATION BILL. 339 'I ; by prrjiulices, without the checks whicli arc wi.scly proviilcil fur tlie rcg- uhilion of juries. I iim ;i\v;irc, sir, that a great ohjection to this measure, is tlie seeiiiitig advantage which it gives the ridi man over the }H)or. It Iia< heen said that the moment the hill passes, g(,-ntletneii of iufluc-'uce and wealtli from IlaUllix, will atl('ni[)t to ^weep the e()iis(ituencies of the country, and if they should he dcfcate. I may aay, in the hrst place, and 1 am scjrry for it, that we have not got cpiito as many wealthy mm here .as we thought we had; not so many rich a.^ thought tlu-'Uiselves rich. Tho-e who possess j)roi)erty have en(jugh to do with it at home ; have enough to divert their minds from trouhling the country by contesting elections. Ihit suppose they were so in- clined; the richest men in Halifax, tried nearer home to turn out men of moderate means, and were not able. Why weni they not ? liecauso our j)eopU; were too s[>irite(l (o be dictated to, even by those who hold heavy jiurses. If such persons ,-liould try the country constituencies under the bill, they woidd .-oon be taught a lesson, and tht; only evil they would bo able to aceoni[)lish, would be to leave a litth; of their surplus capital ill places of the interior, where [)erha[>s it is re<[uired. There were no rottiMi boroughs in the Province; the smallest constituency had one hun- dred or more freeholders; and in these, or the largest, I defy tlu^ richest man to secure liis return except by legitimate inlhiences. Tin; only men who could successfully try such places, would be those of talent, whoso principles were sustained by the people ; who, liki; yourself, would serve a distant constituency elficiently, or like the Solicitor General, or others who might be selected. l»y the bill, none would be restricted ; the peo- ple would receive most eflu'ient jirivileges; and the representation, not confined to particular towns ami disiiicts, would run current as the air that circulates around the I'rovince. I may in(pure of those who fear that the bill is to cive advantaires to the rich, what the i)resent law cfTects. The rich man now may buy freeholds in any or every part ; can the poor man? Has the latter any right of ajiijcal to the whole people? These, sir, comprehend a few of the' arguments on which the friends of the bill are prei)ared to sustain it. I feel that the ipiostion is one ui)on which every member is called to exercise a deliberate judgment. I ieel that the more it is sifted, the more it is understood by the House and the population, the inoic will they sanction it as an act of sound policy, and one in accordance with liritish i)ractice. It has been my fortune, sir, to propose some constitutional changes ; it has been my fortun(S under the good providence of the Almighty, to see those changes working out I i n^! ! :f|,;i t ' ' ( ' .' 1 VA. «.||'J!|j.^'|i. '!' I ^ 1 ':! ',! li u Lj imiiu-^ - Pil Ml'"! W3 Fpifniiw ;? i H 1, ' ■ t Ml n ill i iv. mi < ■ 1 1^'^ ill i 340 QUALIFICATION BILL. pcnocfiilly and liarinoiiiously, liy moans of (he good sense of tlio Logis- latiii'c ami the people. As on this oL'oa>ion, my molivo may be siisjx'cted and misi'e[ii'eM'nled, iind my advocacy may be attribnted to my particular ])o,-ili()n as repirds the governnKMit ; I say now, (hat at no period of my life, ill no stiii^iule, no time of trial, did I find my mind more clearly made up re-|(eciiii^ (he value of a political principh', never more stroii,L!;ly conllrmed as lo (he wisdom of a public measure, than it is at the present moment on (Ik- bill bellire the house. It is an imiiortant part of the sys- tem which we have been endeavoring lo establish, which is now coming to bi' understood and appreciated; and a Colonist, I trust, Avill soon feel it to be part and parcel of the system by which himself and his jiosterity are lo be goveriu'd. I am aware that it may be said to iiive to the Kxcciitive the ri'dit to throw its members on the diirercnt counties, and to call on the peo])le lo sustain them; and that, therefore, it is a weapon that may be used against the pco[)le. I may say, that tli(3 members of government arc convinced that if ever there ever was a country which could not be ruled liy patronage, Nova Scotia is that i)lace. This may ap[)ear at a glance, by looking to the few men likely to be unduly influenced by government. The magistrates and judges are independent; the sherifls, as executive officers, are also free; there is not a county or town where the government could inllueuce or coerce, so as to secui'c the return of an individual member. The bill, sir, may be useful to all parties; to the opposition, and the government, and to all who servo the country by giving them the right of a British appeal. As wc have, piece 1)y piece, o1)tained British in- stitutions, so we are safe in adding this bill, and giving a firmer founda- tion to the system. I have to apologize, sir, for the time I have occui)ied ; indisposition scarcely allowt-d me to place the subject in the manner which 1 feel it ought lo be laid before the House. I owe the House many thanks for the courtesy with which it has received my remarks in commending the bill to their favorable consideration, as a measure of great importance, and of very beneficial tendency. Mr. Dc'wolf, 0. member of the Executive Council, being op- posed to this measm'c, resigned his seat, and led v\[) an opposi- tion to it. lie was joined by some gentlemen, wlio entertained apprehensions that it might enable wealthy men from the capi- tal to throw themselves upon country constituencies, and by 1 Logis- lispoctcd irtiouliir il of my ' ('Icarly strongly pivscnt till' sys- r coming ,'ill soon and liU ' said to dilliTCiit hcrt'fore, , that llm er was a lat place. )(; unduly pendent ; ouiity or pcure the and the 10 right itish in- fouuda- -position 1 ft'Ld it .•mks for ding the )ortance, ■ing op- opposi- L'rtainod le capi- and by QUALIFICATION BILL. 341 otlior.s who desired to embarrass the government. After spir- ited debates, running over s(!veral days, the bill was carried — twenty-seven to twenty-three. It was passed by tiic Council, and became the law of the land, and forms at this moment, one point of contrast between our electoral system and that of the Uniti^d States, which intelligent Americans cheerfully con- cede in our favor. Mr. Howe's closing speech on this question may yet be read without weariness, as a fair specimen of his argumentative and bantering style of reply : — I rise, sir, to claim the privilege generally accorded to the introducer of a measure — that of reviewing the arguments l)y which it has been opposed. When, I made the usual motion that this bill be referred to a committee of the whole House, I urged in its favor only such reasons as seemed to sanction its general principle, and bear naturally and forciI)ly on the question raised, without drawing into the scope of my argument matters which had w''h it no necessary eoimectioii. Other gentle- men have not been saiisfied with this simple mode of illustration, but have examined every [ihase of the new system of government, drawn forth discussions on principle.-! generally acknowhulged, and have sought to arouse feelings connected with the past which should have been al- lowed to slumber undisturbed. 1 supported the bill, sir, Ih'st, because it gave the ])eople the same wide, range of selection enjoyed by the sov- ereign in forming the Legishitive Conncil. Secondly, because it was British. Thirdly, because it would be useful under any representativo system. Fourthly, because it would elevate the general character of Parliament l»y calling within thesti walls more of talent and information. Fifthly, because it would make m(>mbers more independent in the dis- charg(! of general duties, by freeing them from the trammels of local interests and prejudices. Sixthly, because it would put the rich and poor upon one common footing. Seventhly, because its value was illus- trated by the example of nearly all the greatest men of the mothe- country, many of whom would have been excluded from Parliament in mid career but for its operation. And lastly, because a measure such as this is indispcnable to the successful working of the new Colonial Con- stitution. Opposition to the bill has come from two parties; from somo of the friends and from the enemies of the present government. TliO former oppose it on two grounds. Some desire time to consult their con- stituents, and in reply I will say frankly to those whose good opinion I respect, and u[)on whose good faith I know that every roliuuoe am bo 29* ■; ? 1^1 m ^ pf \f 1 t ■ 1- :. , ,1 ■1.1 iUii'^: {:' 342 QUALIFICATION BILL. iMn III 't yii m l>S 'i'l «P:^I.-|! It!' lif ■I :m i'^t .1 placod, (li;i(, if the iiilrodiK'crs of llic hill were standing; in a (lifTeront po- sition, they would not have llie sli,L(iit('sl lic^itation in yielding the desired delay. I5iil let nie ask our friends (o lran>fei', lor a nionientjo Fingland, the scenes whieh ai'e acting liere. Su|t|)ose a pnhlie mcasui'c. announced in lh(! ()uecn's speech, was suhse(|ueinly introduced iiy Sir Kohert I'eel, and thai a inenilter of government, who had never ]>rotesteolicy of the goveiMunent which the one had sup- ported and tin; other had shared from the ibi'ination of the ministry down even to the moment ol" condenmation ; — suppose an oppo- sition thus formed and led, to start up suddenly in the House of Commons, how would it be met by the' friends of Sir Robert Peel? How would it be ti'eated by the steady sn|)porlers of thi' government? Whether they desir"d delay or not, would they not consider it their first duty to show that they had the sli-ength and the spii'it to curb and control such an mmaliu'al opposition ? Yes, sir. right or wrong, they would show their strength and union first, and then e.\.ei'cisc tluar ra- tional inlluence in modiiying or restraining tin; measures of the govern- Bicnt they sustained. Our position at the jiresent moment is analagous to that which I have described, and L say to our i'riends, that had they met that opposition as it deserved, and passed the bill to con;Miittee, as they might have done by a triumphant majority, they woidd have had the game in their own h:mds, and could have dictated to the government •while they held the opposition at bay. They might liieii have a>ked for delay, and every member of the govt,'rnment would ha\ e acquiesced in the reasonableness of the demand. Ibit the ipiestion of delay now yields to the imi)ortant issue of triumph or defeat. It is merged in the greater cpiestion, — -shall an o])position, so formed and led, prevail over a govern- ment whose gi.'ueral j)oliey an innuen.-e majority in this House approve? Ko man respeets more highly than I do the feelings whieh dictate a proper deference to the opinions of the constituents who are to be the QUALIFICATION BILL. 343 judges of our piiltlic conduct ; l)ut gcntlemeu sIiouM licar in iiiind (liat we arc n'i)res(!ntativcs and not dclogalc.-s — that \\v an; Iicrc not only to couj^ult but (o determine, and to exercise; our judgincut iiidr|)(!nili'iuly and fearlessly, upon every (juestion that iiuiy arise, for the good of tlio whole people, who do not ask from us a slavish I'cfleelion of their opinions, hut the fret." exprc.'ssion of our own. The admiral who goes to sea in charge of a tieet has responsiiiilities to a-snnie. He cannot, when the wind springs up irom an iniexpecteil ([uart<'r, or an enemy ap- proaches, return to port ti)r orders. A general in the field does not wait for instructions from the government he represe-nts befor<3 every battle which involves its character and his own; and a representative in tlui hall of legislation must, in lik(> maimer, assume, every day and every hour, responsibilities which he cannot for th<'. moment put aside, but tor which, like the high olfieers of the army ami navy, he may be ultimately called to account. The nobleman at the head of this government often has to assume weighty responsil)ility, and to do, iu Her Majesty's name, acts which Her Majesty may not approve. Every membei- oi' the Council, (luring the long recess, is also bound to act promptly, and at tlie peril of public character and position, in a thousand cases whei'i; he caimot con- sult you, who are ultimately to be Ids judges. Vt'hy, then, shoidd you shrink fi'onv the independent discharge of your duty? Wiiy lend Strength to the real enemies, not of tlie measure, but of the g(nermnent, by seeking delay? 1 believ" that, if the constitu<'ncy were consulted, what was said by (he honorable gentleman from Amherst of his, would be found to be true of all. Some, he says, were for ihr, bill, souic were against it, and some were iudilVerent to it altogether. Why that indif- ference ? Why did they not se(! in it all the phantoms v.hieh have; b(^en conjured up within the last three; daj's? because ihe ])(,'ople knew that, of the ix members of government reeinircd by our Coustitution to have scats in this House, at least four would ])robably sit for places where they resided, and were not much alarmelen\ of self-government, working by representative institutions, ,-hall it be said of us that we are unwilling to receive this great lioon in a proper spii-jt, or that w(; shriidv from the perfection of what has been so well begun? Shall it be said of us that we have contended for the right of coiiiiemnation, but have denied to the accused the right to appeal from limited numbers and local restrictions — ■ that we subject i)ublic men to responhould be raised. To that I have no objection; but gentlemen will perceive that that is a detail to be dis- cussed in committee, and that we are now only called upon to sanction the general princii)le of the bill. It has Iteeii said that strictly local representation is indispensible because local information is re([uir('d, but by a rule of the other branch, no local bill is allowed to pass which has not been read at the sessions of the county from which it emanates; and, oven if this were not the case, as each county will semi in one, two, or three resident members, with each non-resident, there never can be any want of local information. The learned Speaker of the House and the learned Solicitor General are non-resident members, but have thcv not taken much pains to ascertain the w; sent, and do not their colleagues bring with them all the intbrination ants and wishes of those they repre- "ifi 'lilt' i:i^ (.,, i ; I r ' ' i i ; :\ y} '.;1 L m ^ t^ ;4G nlioiil QUALIFICATION lilLL. ni:u IIIKI l.ri.l. :iiii 1 oil iri- (■(iiiiilrv iiili'i'(\-(s dial is iicccssai'v to Avisf and sati.-l'actory I<'i,M>lati(iii ^ How easy, in tlic majority (•!' cases, is this local iiilornialioM to ])c nliiaiiicil. 'I'l'Mnt, Onslow, and London- derry, t'or t'\a nnile, torni oni' -In •I ; llii'ic IS scarcely a man in one lown- iip liiat not know cxcrN' man in llie oilier, and eyery roai I and LridLTc niion wliidi llicy lra\el. Why should nol a man liyjii^- in eilher ol' tlio-c jilaces, liaye the ri,!_dit il' the |ieoj)|e are .-ali.-licd, to npre-ent the other? AViiid-or, and l''almoiilli. an; on oii]io>ile sides of a river ; not only do ihe trceholders know each other, Iml excry man knows e\('ii the hor>e which his nei;;iiI)or rides; and shall it he said that if ;i man liyiiiLi; on one side re|irescnls the oilier there will he any want of local intormaiion ? ComiiiL' to Halifax, what do xve find? A man liyiiig on the market wharf, willi lillle inlelli^eiice and a forty shillini; freehold, may olli'r in the capital ; Iml a per-on of the highest allainmeiils, and Ayorth .i'IO,(H>0, is cxiduded if he re-ides on ihe opposite >ide of thehar- l)or. Is ihal a sy.-tem which should conlimie? Il has hcen said thai hy the corporation act \ye conline ihe Aldermen to a properly (|nalilication in the dillerent wards. 'J'he reason is clear. They are called upon to act as magislrales, and residence is essential to secun^ jiroper dislrihn- tion ; hut niemhers who come here to Icgi-late will leaye magi.-trates euongh to keep the peace hehind them. The honoralile memher for ( iitysli(U'oniih is appndiensiye that a bill to enable members to yacate their seals Avill tollow, and that corrupt rc- .signations will ho the coii>e([nence. Of course, gentlemen will resign if there is good rea>on for their m) doing: but then' is no reason to su})- pose that g<'nllemen \yill not haye the same de-ire to resist any improper temptations that they now haye to ayoiil any action which wonld ap[)OiU' disreputable or would enlail disgrace. Suppose members were allowed to resign ? ILne tlu-y not that jiriyilege in Kngland ? "TheChiltern Ilimdreds" are neyor refn>cd to any niemhei', \yhelher he snpporL the goyernnKMit or btdongs lo the raid\s of oppo-ition. Sncli a proyision is much re([iiiivil here. On aceepling th(> ollice I hold, I \yonld gladly haye gone bai'k lo my con-titneiils. but, under our law, nothing yacates a sent but an ab-'aice oi" two years Irom Legislatiye duties. A man may ab- t;ent himself fir a year. Iml the constituency cannot iTsent it. lie may liaye the sirongot niotiyes to n'lire, and yet has not the |)rivilege. Is this \yise? Is it Knglish? I think not; and I helieye that .-uch an im- proyement of our law would be a ndief to members and beneticial to the interests of the j)eople. My honorable and learned friend from Sydney [Mr. Henry] seemeil to think that the goyernment haiiit. The coveriiinent never did adinil thai Ihf rcciuninciidaliun of i^jinilciiHii hi'i'i' slionld in all ca-t's lie lollowrd. 'riicy could not tiiiH ^iirnndri- tiic ri-jlit, of Her Majesty's rc^presentalivc to inakc all a|i|ioinlnn'nl-. 'i'iny arc at all times happy (o receive the siiu^'jc-lioiw ol' L'ciillcnicii enjoyiiiir the conlideiiec of jariri n^lilneiicies. and place much reliance on the value of their local inrorinalioii. In many ca>es their reconimeiidalioiis arc followed, hilt when any rea-oii, either of local inlere-t or L'liieral policy iiilerleres, the L'^overiimeiil of cour-e are lioniid to tahe the re>ponsihilily of independent action. My honoralde friend from the coimty of Sydney [ATr. Forre, which was one of flesh and blood. My lionorable friend Las one of the best hearts in the world, and aa 'IH ■iV -W' w;r,. , W' St; ji^ij V: . ; j ■'!;;» I i li '• : I* IS (.•r\i,n'i<• iniu'li Iiii:i,:^Iii;it imi. thai cxcry now ami llirii lii- iucl'jmciil uri- iMDiinli'd nri lii-< iiiia'.''marKiii. ami away it llii'< liki' .Ma/.('|t|pa ami hi- Imf^c — >larliii^ at cmtn nlijccl in I hr path — IioMiidiiiLr <>\('i° till' (Ircarv wihN ol' ilniiil and a|)|)i'('lit'ii^iiiti. It now liccnnirs \\\\ duly to a|i|ii'oai'li tin* ai°;^iiniciils dl' a dit1ri-riit class o\' o|)|ioiiciit-. llio-c w ho not only o|i|>o-(' this hill I mi I mi'c I lie asownl cnc- IlHi's ol till' Vo\ I'llllllrlll 111 W lilr am a imaiiiu'r. In dcaliii'' u iili lln'-t ill iT\ irw inir ihi' I'M laordinary .-|M'i'rli('> which ha\c luin iiiadi' liri'c Avithiii till' la-l two day-. I may hi' |)i'rmittrd In oh>rf\(' that, liii" soiiK^ time, many w ho \vi>licd well lo ihr [irc-i'iil l'o\ cnmicnl, who ri'-;|i('ci('d ils c'liai'acli'i' and admirrd the jiolicy ol' the nolilcman at it> head, have had fort'liodiii'i-; thai llir |iri'-iiit admini~liation had ^omc ^n|)|torli'rs who wen- Vor-c ihan upi'ii ciii'iiiic- ; llial tlnii' wrrc -omc who cluiii; around it, not lo I'acililati' il> |irou'r''--. Inil to >tay its onward inarch ; muiic who cilhcr liopcd that Loi'd {"'alUland wa- not in carnr-l or did not know wlial Ik* was alioiit ; and others who ••laid the llalteriiiji nnctioii to iheir sonis " that he mi'^lit he mi>ied hy tho-e wlm came in the Lrnise of rrieiids more: ra-ily than he cnuld I>e derealcil hy a\oweil o|i|iositii)n to his views. Shrewd liaxe hccn the -n-|iicioiH. and tin' conrse ol' this dehale prose (hat they were well rounded, that there were some who were not iinwil- liiiLT to .-liaie the inlliieiice and di--|ieiise the palrona,i;e nl' the !.roverinnen(, while M'crelly they di>likeil its principles, and never lo-l an opportiinily to weaken and imdeiinine it. rieroie Inrniiii: to tlie.-e I ha\e a word or two lo sav to an opponent of a dilli'reiit description. 'I'he hoiioralde •gentleman I'roni I'icton. i mn^t confess, is a dilli'i'i'iit style nl' man. IIo lias alwavs oi)po-cil what he calN •• re>pon-ihli' ;j!;overimu'nt " steadily ami 0]>enly. (^t' him I will >ay that, if the olden limes were lo return iii;aiii ill which men met hv the I iill"iili' to (jetermine (htlereiices ol opinion liy 1) the >W(iril. there is none with whom I would >oonei^ cross a hlade hy day, and lie down on the healher iic-ide a! iiiLrht scciire from treachery or .-iir- pri>e. And >iiie I am that it', when oiir stril'e was over, wo had taken ser- vice under the same leader he would lia\ t' acted I'airly tliroii^ihoiit the war, and w hen he i[uitli'd the >, imp. would atteiiqit to cast no slain on the c'liiel'iain who led him. nor on the man who had I'oiiiiht hy his side. So imich tiir llie honoral)l(> Lri'iilleman's character; now lor his ar_miineiits. lie says thai al the opcninjj; ol' this del)at(> I failed to eonviiioe him. It would lie a mailer of .-iirprise indeed, sir, if I had, for I may plead guilty to never having!; convinced him of any iliinii in the whole course of our Legislative experii'iie**. Nay, if I eoiild even speak that rich and jiic- luresqiie langnago which he claims as his mother toniruo : if 1 slioiilcl even talk to him in Cuvlio, my aooonts would i'all on a most unwilling ill QUAUnCATION IllM.. .Tit) I : t I rvrry III iiwiiy • palli — (lit cla-^s \ I'll CIK'- lll Illl'-C, iilc lien' fur sdiiic. iCCtcil it.-i iiivi- liiid vlio WlTll ml il, not lid ciliicr wliMt lur V souls ids more lis virus, itf iirovi' III iiiiwil- (•riiinciil, port unity wonl or iiionililc 111. lie lily ami vn M^aiii iiiioM liy • liy day, V of ^iir- ikcii scr- tlic war. 1 oil the idc. So iuincuts. Iiiin. It id izuilty sc of oiii" and \)k- l slioiild unwilling ai «'ar. Tlic lioiioialilc ;^ciitlfiiian lioasis lliat lir lias (i|>|Miscd r\i ry inras- UIT liioii',dil down liy tin- |in'>fnl ;^'ov('niiiiiiii. I am -oiiy llir it, Imi I am not willioiit consolalion, a'^ almost every one lia> met willi tiie dejih. erate a|)|iroval ol' lliis Asseniliiy. Tlie iKnini-alde ;,rentleman Inrn- liaek to till' oldi'ii time, and is a|i|)relieii-ive ilial tliis liiH will uoik -omh' ivil Id the ile-eeiidants of woi'lliy old ;i;eiillemeii wlio lived twenty yearn a^o. lie eoniuied lip lieHile n^ llie -liades of tlie 'departed, ulio Were, •oteiiipdiaiies df my father; men <•!' ;.'dod hearts ninl niiieli expi rieiice, n^et'iil in their day and ;^ineratidii. and every way eiiiiileil |n n-pert. Iiiit vvlial does this pnive? They are t.'(>ne; their >y>leni has 'june with lliein, and yoii can rni mor<' recall it than von can hrin;.' lliem hack rean- imated frdin the lonih. The hoiioralde jjentleman .~ay.-^tlial they encletl the Province Miiildini^. They did sir, and il is a j,'reat liuil(liii;j, luil it miulit have heeii a heller one; iliey reared il ill .'ill its splendor, anil lived in it in threat stale, like " L'eiitlemin i.f the olden time." They occupied the tlat helow, and laiii^hed al aii>enilily. There was no re-poii.-ihle jiovernment in those days. '|'he hoiioralile i;ciitlem;iii has I)oa>ted ol' one of their j^reat vvdiks ; there is anoiher which dii'.dil not In have escaped hi- memory, 'i'hey elevaleil ihe I'roviiicial characler liy that .~tiipeiiddiis niid vei'y siicces-fiil achievement, the Shiilienacadii' ('anal. That, .--ir, is not the only instance that miudit he addiiceil Id prove lh;it, with all the virtues of these men, llii'y were llahle to mistakes, and cdiild at tliiie^ make ducks and drakes df the piildic money. Uiil, sir, we caiiiidt revive the past. ^\f caiiiidt iro hack as tlie hoiioralile t:ciitleman wishes ; and hi; iiiiuht as well altempt to ,i:et the men oi' tin pre-enl. day to wear IIk; oostmiie of llie last half ceiiliiry as to revive the >y>tiiii df ^dVernmeiiL adopted in an earlier aii;e. I mii^lil turn the hoiioralile ;^eiitleman lo the ancient Wdrlhles of his own coiiiilry. I'Iii^^mI and llriice were Mi-eni men in their day, and the fame of Sir William Wallace i> at lea.-t eijiml to ihat of his namesake who.-e niemory he venerates; hiil aItlioilj.di I read of these ^reat men and admire them as much as my honoialde friend, their mode of administratidii would not he iiidre inapplicahle to modern Scot- land, than that of old Mv. AVallace and Mr. .AIorri> would be to Nova Scotia at llie])rese!il day. iS'evv systems ^row ii|> with new eircniustances, and p'lierale new ideas; and the mother cdimtry has, under the princi[)l(;.s which we are endeavoring to apply, without lo.-ing lic'r veneration lor those who lived before they were develo[)ed, become tli(i wonder of tlio world. Till! colleague of my honorable friend — 1 mean the leiinied member for IMctoii — favored the House with some observations last evening; but altliougli my memory is pretty good, I cannot remember any thing 30 .)i| ;* I : ■<: : m n i^^jft p ■ 1 H- W'^ U» II !l ■ J ■ i (■■■ 1'! fcS ] 350 Ql'ALirUATION' HILL. he said, mid llicnCiiri' cniiclinl.' Iir did imi >ny any lliin;:; llmt wns wortli rcmciulx'riii;!. Tlii- Imiinralpli' iminlur iVdiii ( iiiy.>.l)iiitiiij:li avsiircd in that III' WM-* iml n|i|i(i«IiiiiiI(l 1)1'. I lake il I'nr ^rranh'd ilial tin- limioralili' jj;i'iitli'iiiaii knew what hi- wa-i aliiiiit ill time- |ta»l. and (••■ilaiii I am that diiriii;^ several ynwA lie Vdted I'nr re-.poii'.ilde ;:ii\ cnimrni over and i(\ er aujaiii, and a,::aiii enme (o the eonelii-iiMi that In' ha-^ dmii' eni>iiL.di in one direcinn, and now wi-he'l to Inrn Iiaek to the |ii)ini iVum whence he .>tai'led ; that liavini^ dniic some j:i)iid. he may .-alily lin a little evil. Whatever may he the eaiisc, I inii>t I'onfe^.s ol' late, he can never (inite make n|) his miiul to ;ii\e (ho government a vole, altli<>ii;;li he is always nady^to vote against it. IIo fays ihat this hill \va- lannhed at when lir.-l introilnced. What then? IMaiiy ;4ii(ii| lhin;:s have lieeii l;iii,i;lied at helin'c now, and aiiKHij^ others the great (!iiy.>l)oi'oiii:h road. When that learned gentleman and I first iutntdiiced to th<' lloii-e ihe |iio|)o-iti()n to make that iiolile highway, ■We were nict with .-iieers from every .vide. 1'miI We persevered, and in il i'evv year-, that vahiaMe pnhlie improvement will lie completed, aiul stand a peimaneiit pinol'ihal tlm-e may he mistaken who smih' at what they do not midcrstaiid. 'I'he Ilalilax Incorporation liill was laughed ut, inmioderalcly once; hill now ii is rccogni/ed as a good measure hy fivo- sixlhs of the population. Atlantic -le;iiiiers were laughed at ; yit they cross the Atlantic with the r("j,iilai'ily of a coach, das was als(» laughed Jit; and yet now it excites no >iirpri measures in the nulumn; and then nii'inhers would have ample lime for eonsnltatloii, and he prepared to vole in the winter. 'I'iie learned gentleman admits that there is no great harm in the liill. hiil then "he sf.'i.'s suinethiiig behind tlie curtain." lie is nearly as keen sighted as an oM friend, of mine, who used frequently to ejaculate," I ,-ei 1 -ee," ami whenever he said that, you might he (piite sure he saw not an inch beyond his nose. The learneil gentleman, who asked for a year's delay, knows pretty well that the Ui-iiish Parliament are constantly called u[ion to deal promptly with iiiie-tlons of ihc greale-t magnitude. Previous to the meeting of the last Parliament how few really understood the linancial plans of Sir Kobcrt Peel. These could not be disclosed till the meeting ^lyia:*^; . [\s worlli siinil in (• sll(llll(l •\v what I'al years a;j;aiii-t art' iu>\v ; roinc to w- wi-ln.'.s iii^ (lone lie caiiso, ;ii\i' lllC I it. Ho lal then? ng otlu'M lul I I'lt'st liiirliway, 'il, ami in li'lcil, ami (• al uliat lUiirliiMl at l.y livo- ,-«t tlii'y liiiigln'il riciid to cnotiLrli ilir Mil. ii-ulliiii; oiiM l»o ' ill tlif iillatloii, uluiits MU'tliing rii'ml of Iieiicvcr oixl his V, knows 1 to ileal ■; to the linancial QUALIFICATION niLL. Sfjl nieeinig of Parliaiiieiil, IieemiM- lliey eiri'eici! ten thou.^aml ditVerent interests; lull llir lllini~le|- Weill lloWII In llie llnll'-e, >llllinitttMl his >lMle|||('nl, l goveriiineiit eailieil them ii'iiiiii|iliaiiily ihroiiuh. Miit I'aney wiial would jia\e lieeii hi> >iii-- |iri e il' Iiis liieiid- had -aid, " There i< a great re-|)(iii-iliilily re-liiig mi 11-: line is I'Diiietliiiig thai nin' enii-liliietit- do iioi iiiide|--laiiil ; allow the whole to lie oscr i'oi" a year, and when it -hall have heni discussed ill I'Seiy pari of llie hin^doiii. we will eoiiie liaelv and lie||i lo carry il dill."' Such a coiir-e a- thal,.-ir, would ha\i' -haltered Sir IJoliert I'c i Ts ^fovcniiiii'iit ill a week ! 'I'he liollorahle gelillelliail froai (^>lleell's (.Mr..!. I{. DeWoll'e), caught al an e.\|tressioii which till from oiir ol' ihe aihocates of the liill, and argue- that if it give- -lieiiL'lh to ihe goNcrnineni, ii niii-l tak<' in an ('({iial proportion liherly t'roiii ilic |>iop|>'. liiu doc-, noi the honora- liic geiiilcman perceive that the -iron^vr you make your Ivxeciitivo under the present sy .-teiii, the more power 3011 give the people wli(»s»! high privilege il is lo guide and control il. I'lidertheold regime the, (Jovornor was a mere puppet — the jicoplr po-,-c--i'd 110 cll(cii\ e con- trol. The ollicials who could not lie di-placed hy either, held and t'litailcd their ollii'cs in -pile of lioili, and monopolized all the power. Umh'r the pre-eiit sy-|em, ihe p'o[ile and the (iovernor have inoro puwor — the ollicials li'.-,-. The hoiiorahle gentleiiian is niislakei! when lie asserts that the reformers laliored to con\ iiice the country thai piihlic, ollicers should not sit in the Legi-latiire. 'I'lie rejtirmers never olijected to a limited ntimher of the higher fiiiiciionarie- holding seats in the Legis- lature, dependent upon piihlic o[)iiiioii. \\'lial they (/ii/ ohject to was, placing such persons for lill' in the Legi-Ialive Council, independent of all control. The ivfoi'iiiers well know, and ihe -upporters of the pre-ent • govcrninont feel now, that having the head- of depart meiil- in 1 hi- lloiisi; gives the people an inllueiici' over them, to l.e aeipiireil in no other way. Take my own ca-e a- ar. illii-tration. The worlliy old gentleman who preceded me in the e\ci-e otlice, lii'Id hi- place i'or lilt'. I'lilil the arrival liere of the di,-patch -o ot'teii alluded lo, the (Joveriior could not operate upon him — a vote of this lloii-e could not displac<' him. ]jut I stand in a very ditl'ereiit po-ili'ii. I acci|)ic(l ihr ollice hecausc I believed that 1 could serve the (io\crnmeiit and retain the coiili- douce of the jieoplc ; hut I accepted il with the iciior and -piril of the di.-itatch before my vyr:^, and with the coiivictiou, that, as that docii- iiu lit would have been no more than wa-te |iapi'r if running eounler to the great stream of Colonial feeling — emliodying as it does, the >oher judgment of Dritish America, it was an in.-trunient which no iiii\ule I ' Ji • t li . I ss^sssssssrz- I Ml »! ! 1.1 li'l ? ' J ■U^'m i^iW':pi\' ll'r; .1 .p] lllr' '■^ I'Ui •'''' It u Ifl ':; li! I. 352 QUALIFICATION BILL. iiil('rc>ts .•should b(; ;illo\v('(l to violate. My oiricc then, is at the disposal oi' His Kxcrllciicy, not only wiicii 1 iui>coii(lii('t it, Imt wlicn any rrasou of state rt'(iiiires that it .-lioiiKl be yicMcd into liis liand-. JJnt yet 1 liold it liy a nnlder tcniin' llian mere lOxcciitivc cajii'ice, liy the eoiifi- denee and snpixn't ol' this Assembly. AVhile I rciain tlial coMlidcnec there is little danger of my beii\g disphu'rd; when 1 lose il, my oiliee .should go widi il to enal)le ihc government to si'cnre the .-crviees of ii more worthy and a more highly respeeted pnbli(; man. This brief ref- erence will enable the ]ionoral»le gentleman to understand the diil'crenee between the old system and the new. The honorable member ibr King's, in the eourse of this debate, has certainly not done to others what under similar eireum.-taners he would have expeeled -hoidd havo been done to him. None uf that gentleman's late colleagues complained or had a right to eomplai.i that he had left the Council, or that lie dif- fered wilii them upon an important measure. Such diU'erence and such separations are to Uv looked ibr under the system we are culled to ad- minister. Those who cannot concur in the poli(ty of the govermnent, as a mattei" oi' course retire, and do th ut, sir, we will not allow the fair fanii' oi' a governmeut, which the honorable gentleman will hardly veiUure to attack, to be insinuated away, and I here openly and in the lace of the public, defy him to bring forward any chai'ge, founded in the conlidence of Council, that can foi' a moment justily the Inferences and insinuations with wdiich he has endeav- :-! ' ' V ^;. "' [M QUALIFICATION BILL. 353 lit' rill iiKiliuns of this y usso- c'onver- ■rwards thu iu- (liiarrol, orliood ; disclose iiestions 1)0 the lint'. It lull be- to coiu- it, whii'li -iiiuatcd to hi'iiii; •a'.i lor a endeav- ored to jierplex tiiis debate. 'I'lie lionurable gentleman intimates that this nica.-iire is to Ik- loUowed mi by otlicrs. each worse than the last, until ihe lii)erties (ji' the country woidd be reduced to a single plank. Tiiat was a deseriplion of Lord I'^aikiaud's goveriuuent. wliich if it were, true, certainly would justify llie huiKU'aliie genlleuiaii's retireiiieul. but if it be iiilse, overwiiehns with di.-Iioiior tlie man who. enjoying liiat nolth;- man's eonlidi'iice, thus pictures him to the eoimlry, meditating the most blaek designs. The honorable gentleman has >aid ihal my opening -peech was a signal failure. Perhaps it was. although I am rarely discouraged wlii'ii I most signally fail to make any impre.-sion on him. Let us try if the honora- ble genlleman's own loude will bear exiuninalion. lie told us that six. of the Kxeeutive Council are here already, and lliat if this bill passes we shall be i-eliilbrceil liy four heads of deparlmeats, making in all ten mendiers, bound to act with tin' go\ci'iini(iit. Xow, tiie honorable gen- tleman very well knows that as the dipaitmenls become vacant the members of Council are lo have ihem, and that if any of the old iiicum- bels get seats here ihey will al-o be enliiled l(» ^eats in the Council, so that in either case the ninnlii r never can ri-e jdiove .-i\ ; and yet ihe hon- orable gentleman knowingly and wilfully ha- increa-ed ii lo ten. Another of his extraordinary >tatemenl> wa-, that I had lorgoiien to tell the House that Ilumi' ])Ui'cha.ied a seal in Parliament. I ccilainly did forget this. Hume sal fir.~t for Aberdeen. Docs the honorable gen- tleman mean to tell w^ ihal thai ancient Scotti^h city was pni't ha.-ed by an individual? 'I'hen lie >at l(>r 3Iiddlesex, and I am .-ur<' ihat the whole county of King's, in addition n, all ilnme i- worlh, would make but a moderate liribe lor the electors ol\Mid i r;;: ijiff.-- ! :!■ : .'! ;.■ ■(: : .: 'i iin:j 354 QUALIFICATION BILL. til Oioanx of Windsoi', nor over tlic river !it tlic I)iick.-: in C'ornwallis ; I)Ut above all lliinir^ lieware of the ricli men ol' Halifax. Now F would, say to tlie LMi'l> ol' Horton. lei ailniirers come fVom all ([iiailer- and pay tlieir honiajie ; yon arc not lionnd to marry them nnless \(iu like; and to the voters of the lown-hip, let candidates do the same, and il' yon do not like th'in } on can e\erci>c yonr own Jndunient and e;i-t them ah or any other con>litnency. The honoralde irenllenian i'e|u'e-ents ]Mr, Ualdwin as :ni nnjiopular man : tiii< .-hows how liltle he knows of Canada. As has heen well said hy the memlier for Yarmouth, his stand- inj^ may he judired hy the I'act that fi\i->ixllis of the reprcMiilalives of the nnile(l I'roN ince sh.-tain his view and support the pi-e-ent LTovernment. The hdiiorahle p'tulemaii endeaveii(l. Suppo-e the Church and "\Vc'sleyan mis-ioiiary ,-ocielies acted upon this principle, many placi's too jioor 01' tiio iLniorant to i'arni>h ti'acdiers Mould he left without the light of the i^o-pi I. The honorahle u;entleman threali ns ine, that al the noxt cdcctioii I -hall he oppo-ed to some piavon iVoni hi- neiLrhhorliood. I can only -ay in the lanprnaire of Sir i''ranci- He;id. •• i.ei hiiu come if lie dare." If he professes the honoralde Lienlleman'- principle-, the con- stitnein-y of Hiilifax will know how to give him a warm I'eception. I could scarc(dy ludp smilinir when the honorahle irenlleman d<'-crihed Loril Falkland as the destroying and hims(df asthe LMianliaii angel of the lihertie- of the country; and iii\ own impression i-, imw. thai the pco- ()le of .\.)\a Scotia, from v.hat they know of Iiolh panic- would ju-t as K)on intru-t tlu'ir liherties to the care of His I-ord-hi|i a< to the hoiiora- Mc genlli'inan i'or Kings', lli? standing on the l;i-t plank of our freedom to del'ei'.il il I ^Vliy sir, there was a lime when we had liul one |)l;mk, find wlieu the honorahli' gi'iitleman took his -tand n|ion that and vowed it was enough, and thai we >hould have no more, llul the judple ot Nova Scoii.'i wei'e wi-er, and plaidv after plaids \\a< laid of I he good ship Ke-pon-ihle (lovernnient. Tlio.-e experieiu'cd workmen, Diirliani. )■.';■ !• ■'. QUALIFICATION DILL. 355 1 1 Russell, Sydonham assisted at the laiiiicli, and now, w'nh a pjood nvw, and Captain Falkland on the (luai'tir deck, tlmsc wlio have ciiiliarktMl their all of hope and reputation on hoard, see with prid<' Iirr eapacily to brave the; battle and tlic hreeze. Sir, there may have hccn tliosc on board who diil not approve of the olijccts of the voyjii,'!', and who only entered in tlie h()j)e of a mutiny olfcring a ehaiiee of puttintr aboul >hip and wreekin;^ the lives of tlir pa-scnp'rs ami tlic diararli r of tiir coin- maniler ; but the disei])lin(' of our ^]i\[> i> like tlial of the Soniers, and those who conspire a;.''aiiist her safety must take tlie eonsoijuonees. It is true we htive lost a hand, but I eaimol but fancy that the .-hip seems lighter already, ami that it is ii loss wliidi can be easily repaired. In turning to the speeches deliveri'il by the lionoial)ie and learned member Irom (Queen's, I cannot but olisei've, that it is .-trauL^e tliat he should have called himself n siipporli'r of the govermnem for two years, proiessing to iipprove of its principh's, and that he .--hould not have known what it was he was supporting, or what he approNcd. It is strange that he shouhl have moved an iiddre.-s at the opening of the .-e~^ion without avowing his inteiili(jn tooppo.-e tlie govermneiit, not oidy on this mea.-m'c but on tlie whole scope of il> i^cneral |iolicy. Strange I- it. that he should htive ri'ail Loril dohn lvu-scir< di>i)atch, and yet did not, on one of the points which he has rai.-ed, know that its aiuhority was decisive, and tluit he slioidd now oppo.~e this 1)111, not on its merits, but because the presence here of heads ol' (1( pai'tmeiUs, and their occasional I'emoval, might be consei|iiences to How from its pa--age. It is (piiii; a- inexpli- cable that he ,-iiould now l)e so fearful (pf increasing the iiillueiic(; of Ilalifix, when he sleailily opposed all tho-e changes i)y which her old monopoly of execiitivi' ;ind legislative power was struck down. AH this is passing strang( , and yet I thiidv I understand it. The learned gentleman denies llial any analogy can be di'awn between tlie |iiinciples vliieh goveiMi a great coiinlry like Ilritain and those which regulate the public alfairs of a small Colony like Nova Scotia. I admit tla.'re arc questions of mtignitude which caimot be overlooked, oi' varied iuid pow- crliil checks and combinations which nni>t be taken into account, and yet I am prepared to contend that Ixith countries have much in connnoii to which the same ]triiuMi)les may l>e ^afely !i[iplied. The sim|)le rules of architecture by which ;i cottage is raise(l, are the same which .-u-tain the magnificent i)roportions of a temple. The pi'inciples by wliich the smallest Geneva watch is regulated vary but little irom tho-e oi' the clock whose voice is heard above the din of a crowded city, 'i'la,- rules of arithmetic I)y which £.3 are reckoned, will .-ullic( liir tlie enmputalioii of the national debt. The laws of navigation by which a shallop is !', '■ r 1 ■' i^vrr-*. Hi;' su:i !; ' p ' !■ ri'' ! I. >i I. . ■ '! = a' , I 'V :' I ' . Hi" :,5i 35G QUALIFICATION BILL. giiidtMl jK'ro^^ a narrow sea pn^sorvr llic slatrly frisnlc whicli cirrnm- liiiviiratt's I lie cnrtli ; tlidsc fluids liy wliicli the smallest spring is rcplcn- islicd. swell the expanded ba^in of Oiil.irio; and, risinii Ironi iialiire np (o natuic's ( Jdd, llie simple trntlis di" ndiirion \vliicli clieer the |ieasMUl'3 Iminhle ent. iii-pire llie most solenui >efviee< of the mo-t auirU'-t catlio dral. AVliy iIk'II slionli! not the praetiee Avhieli lia-; urrowii out of reprc- scnlative institutions in the mother coinilry lie e(p:ally applicahle to tho work iiiLi; 111' representative instiliilions here? T liaxc heard ol" thirteen Colonies, driven into rehellion hy the refusal of the same powers ■whieli we in IJrilish Ann-rica claim. Those wlio wotdd not miderstand or wouM not yield i(>s|(onsibh; government, were nltimalely (•om])elled to sanction independence. If we turn to Canada, what do we see i' The same riirhts conceded in ISi;], tjiut, if acknowledijjed in l^oG, woidd have saved hundreds of lives and four million- of money. lUit it is said that in iMiglanil there are distinct jiarties in rarliament and in the connlry. Have we none here ? Were not the liiK^s sullieiently delinite which divideil those who .-oiiixht the introdnclion of this system and those who struggled against it? Happily flio>e lines are lading; hat have we not now two parlies, — parties which will .-oon Iiecoino more intelligihle and mon; compact, — tho princi|)les he view- with so much alarm. The silent inlluence of meiiibiM's of the govermnent here has been referred to : but are lliei'c no silent inlhu'iices opei'ating on them? Does not every member of the govi'rinnent, who shar<'s in the dchberations of this House, eateh a portion of its spii-it, and feel pressing upon him at i^vvvy moment dei'erenee due to its high powers ? Can a man of honor be insensible to its criticism, or estimate lightly the im- portance of preserving its eonlljlenee ? Ihit had the Executive no inlhience under the old system, when the members of go\ enmient sat in the other end of tiie buililim:, reiectinir vtmr resolutioir-:, throwinc; out your bills, destroying your reveinie, sneering at your privileges, and charging disalTeetion whenever you made a remonstrance? The honorable gentleman tells us that he has become alarmed by some ex- traordinary o[)inions in the press. "What have we to do with them? If he reads ;it all, he certainly nnist sniiiu'nf i;il;(> llic Icml In find- iwx Ihult witli every tliiii,^ it (loe< ; ninl tlio-e wliieli |ii'Mi-e t,\\c lialf of tlie Ciiiini'il uciieially eoiiti-ive to nhii-e tlie oilier Iiall'. If ;i liilie lliat the I'lieinN of my eolleaLMies say of me weie Inie, or if ] 1>eiie\(ii what .tome of my friends say of them, we .-hoiii'l e'riaiiiiy imi act loii" to- {reliier. l')iil we have (h-rcLiartlrd miii'Ii thai was -aiil on all >ioliciious ahoiit till' tale of the piihlie ollieer^. ( )n lhi< point it i- imporlani that thei'c t^lionlil he no nfi-Mndei'>landim:'. I'nd.er the old .-y.-|em, the collector of llie ciHloiMs sat in the lv\eeuli\c Coiineii. holdinir l.iolh olfice-: iiir life, and liavinir the palroiiap' of ihiily or liirly .-ulMirdinale place- connected with his diparlment. The Secretary held a -cat in the ('omicil tin- lifi', and he appointed all the Depuly IJeui-li'ars thron;_diont tlie I'lovinci', anil the cici'ks in his deparlmenl. 'I'lie ('hiit' ,In-iicc nominated all the sliei'in'- ; the I*o-tma-ter (ieneial app.iinled all the Depntv- I'o-!mas|ers and ('oin'iers; the ( lerk of the (Vuwn all the comiliy i .od'onotarie.'^. The ( lem operate ii[)on this House? 'J'lie miiioiily jiere — not the majority — -liared the con- fulcncH! of the ;iovernment, and enjoyed its |ialrona,i.'e. Snccessful leaders wi'i'c men to he marked, not to he trn-ted ; and L,renerally when a country menilier retui'ucd to hi- home, after a fati^'uiuLj ses- sion, lie had the sali-faclion to -ee hi- liiliere-t per-onal or political liies promoted in the next (ia/etle. That wa- the preeioii- sy-lem whiidi tliC learned p'nlleman admire-; hut aiiain-l which every 15i-iii-h Colonial Ass(MnI)ly entered, again and again, its solemn pi'ole,-i. It IMI liefi)re Lord Durham's searching inve.-tigation wliieli ])roclaimed it ridiciiIoii.'S, and 1tel()n! Loi-d John Ru-sell's dispatch, — hy which it wa- finally ptrnek down. To Lord Sydeidiam was intru-ted the ta-k of calling into operation new principles; and. iiotwith-tjuiding the aliu-^e which lias been liea[ied upon liiiu, a nioi'e in\;iluable friend tlie.-u Colonies never .! ■'! 'I!, ] .$! I : !l ? » :-ir", sns (.MAI.IIICATION r.lLI, 1iM(I: iKir \v;i-; Hut (• ever n t;il(-iii;in williiii llicir iMinlcr- wim licld ii i.ii' ii M'i rv ■:• f i-':.i '?aa- "'- i' more M>\i'ni;^n cnnlcnii't lln- -\ Iclll I) V wliicli ilicv Ii:iil lii'i'ii 111 is- P<>\ "I'lird. 'riic |ilTliiic!' dl' l'',ii".l:ini|, ll W.l- Iin|)ii|. would lliidW liiuHrU' ill IIh' ;.';i|i In -t:i\ llii- iMciil Coloiiiid nv oliilinii. I'liil l:nw little \v;m jx'iMcd >iicli M sMcriliiT ;il lii- liiind'. Sir, kl lowii III' Ii nil li\ I Iio-c who ('\ wlii'ii Sir luiliirt I'd I went down lo llic llmi-c of ('iiiiiiikhi^. :il llir liriid \\\ llid (liioiic ? '• .Al.iy i( |d(;i~r ^ niir IMm jc^ly. — - ^V(• ciiii (•(Pii-i;i';til (Miiic oiil to (';iii;i(l,i ;i coii-crv Mtlvc nl' liiiili JuMUir iiiid I'liar.'iclcr. I Ir (■iiudciuiii'il tin- nld -y>t(iii and casl it aside ; ami Lord Slaidey, liy the -ii|i|iiii'l and eitnliileiiee Liixeii (o llm-e \vli() are Iryiii!^ tliis tireal e\|ierinieni. <'\ en iimre lliaii liy any wrilleii ileidaralion (if (>|>ini(>n. eoiiileinns it toD. Can llie learned ixeiitleinan I'roni <>tieen'fl »'X|i( ft IIS In relnrii lo modes ,i|' adniiiiisiralioM \vlii(di are iiol alleiiipled lo I'c deleiided l>y any r.Miional man ol' any parly at home, wiiieli eaimot lie dell ndi'il liy onr own paiiiriii eNpeiienee? lint, it is said, luiw aro lliese prineiples to lie carried onl as i-e-juM'ts the lieads of departnienis ? "Were not intimations Liixeii that lliey would lie expceli'd to 1:0 upon tli(\ luisliie^s r 1 will (Midea\tii' to answer these (piestioiv-. At one time, it Avas more than siispe('ted thai >ome ol' thes(« jiei's ;, from di-liUe to the new principles, were oppo-imr and inlriirnini: aLrainst the lidvermnent l»y uhicli lliey were lieiiiLi' inlrodiiced; lliat, while receivinu; its pay, and fihariiiLV il- inthienct>. ihey were enileaxdriiiLr to damage its character and (lel'eal it- mi';i-nres. Lord l-'alhiand sent tor some of lhos(> persons and 8aid, 1 and iiiv ad\ i.-crs are dis])o-ed lo carry on the government in n t;jiirlt of uiMieroiis I'orhearance. Inn 1 cannot permit (hose who should irive lis their a'~-istance to emliarrass ns hy o])position ; and theretoi(> it may he nece--ary at the iieM election, for yon, ^entlcmiMi, to throw vonrM'hes 011 the conlidence of iln' connlry, and phiee yoniselves in positions where yonr conduct can he lialde to no misconstriietion, — ■\vher(> yon will he c\|)ec'ed to snpjioi'l th(> u'overnment or resii^n. Tliis Avas laiiLvna'^e jusiitied hy Lord dohn Unssidl's dispateh ; inslilied hy the jHisition ol' pnlilie atVairs. That di-patch makes the tenure of oilice do- pciideni on the exiu'vncies of the country. We ha\ (? no power, even if Ave had tlie inclination, to withdraw it. These men hold their ollices at ill'- moment under lliat di-patch. Tliis House may com; ol the (iover- nor to apply its principle to tliem ; the (iovernor i.iay call njioii tlicni to niipoal lo me ]ieoplc or resign. lUit while His Excellency possesses 1! il' II 1 r 1 / 1 1 ■ QiiAunrATioN HIM, 359 ,(>u if ices; at ! iovor- licin to llio-r lii'jli |ii>\vcr>. — wliicli we I'.iiiniil dinv. il' we wmilil, wliidi lie, <';innnl ic-iiiii. I lliiiik I iiiav ii|i|ii;il in die p.i-i lor ;iii ;i~:-iir;iM<'"' ilmi rii> rxcrci^c nl' l luiii w ill <\ cr liilvc plaiT in a -|iiiit ol' har-lnic— aiiil ii|i|ii-cs- ^ioii. Sir, iinlwilli-lainliii'j llif iiii-iT|prr-.(rilaliiiii-> wliicli an' niaili' trnm liiiic l(» lime. I am |ir 1m in (li-mi~-(i!, nl' any .-liaih' >>{' imlilir^; ami tlial, ill (li-|Hii'iiiLr llif |ialr(iiiaL'<' ol llir (•(iiiiilr\ , rliararici', aiid aliililj to di-cliai'L;!' piililii' iliitic-, lia\ i' iml Iki n o\ rilonKcd ; iln -r liaviii'/ Ihcii .soiiiilil cillirr williiii lid- IIoiim' or liiyniid il, willioiit a >icrili<'(' nt'cliar- sictrr on I lie |»arl ol' liic fcixciiuiiiiil or ol' honor oii I lie pari ol' llio-<' callril iiilo llir piililic Mr\ ici'. I'cr-oii- wlio lalk ol" lln' <'oriiiptioii ol' llic pir~cii(, .■system, >lioiild nliccl ihal t\rrv Judicial olliicr, Iroiii llir ('iiii'l' .lii-lici' ;Mid liic jikIlic-. ilow II lolin- |ioorc-l ma'_ii->l rati', i-; iiidrpciidrnt ol' Mxim'ii- li\i' (diiirol. Ill iiio-l ol' oiir liai)ilalioii> lln'ri' i. a I'dMc and a lii-loiy of l'ai;;laiid, and llnrf i- no! a >clioo|lioy in lin' I'liinlry wlio would iml, ii'si.-t any altfinpl to .-nlijict llio-r wlio arc lo adinini~lcr llic law lo liic, inlliicncc oi' ilic ll\cciili\ c. 'I'lic jnd'^c- ol |iidlialc. alioul whom iniicli lia~i hccn .--aid, arc c(|iially indcpcndcnl, ami lia\c pro\c(l il, hy \olin;^ licrc ai;a!ii>l llic '^on crimicni, hy which ihcy were -nppocil to he, '' clinchctl." r>iit -lioiild llii^ independence extend to other ihaii Ju- dicial all'air-? ( 'criainly iiol. What i> the duly of llie i'",\ecnti\ c 'r 'I'o ciiihcidy and carry onl llie will of llic majority (if the people, e\pre->e(l tln'oiiLih their repre^cntali\i'-. I'lililic oljiccr- are the a;:eni- hy whicli :iIoni' thi-- can he done. I )iM)lieilience, trcacher\-, open or co\ ert opposition, is an olVent'c not only auain-l ihe ^o\ ( rnineiil, hut airain-1 the majority cil' the people whom il lepnxnl-. And >liall it he -aid ihal any iiidi- vidiinl, pniliall he perinilteil lo use the \ery po-ilion ;.d\(ii him to emiiarra-> or aiinny 'r 'I'he leariii'il ji;i'ntleniaii I'roiii (^hiceii's tells ii-- thai no llriti-h people will Mihmit to ■siicli a >y.-lcm : hut I can .-how the learned ^einlemaii that l>ritisli ])cople d-i siihmit to it, and that in i'lii^laiid the ride is perl'ecily well understood. "When !\Ir. 1 Iii.-kis,-oii, on one ()cca>ion, inlormed the l)iil<(> of A\'ellii!,L;(un that he luiisl voti; aL;ain>l liiin, liis answer ua-, Mr. IIii.-.- liissoii may do a< lie jjjcascs, hiii the l*re.-ideiit ol' the, IJoard of 'I'railo imi.-'l >iipp(»rt the iidvcrnment. This is an e\aiiipl<; lor the learned gentleman, on authority he will >carcely \fiitiire to di,-j)Ht(' ; and t jh'lsoiis he ,-eeins so solicitous lo serve, nui.-l have a care how they hi ic em, .-ir, and tlic,-e are the themselves within the rule. 'J'his is the >v-t rules of admini.-tration wliicli we, are, endeavoring (o a|)ply. Willi re- spect to this iiill, I'ur the leasuu-s given, our Irieiuls will perceive, alter y 3G0 QUALIFICATION PILL. !ini mw i! -:j ■'•fff *( ! f f 1-11 whnt lins ()cciin-( (1, we arc liniiinl Id |iii'" it ti> a divi^imi. AVIiat may b(! tlniic, at any >ii1i-ii|M(iit .-la,L'i'. will lie matter of (•(iii.-idcratioii ; Init VI' tliriiw ()nr-cl\r> ii|i(iii ilir iiitclIiL''< lu'i' and lifiniicss ol' tlir IIoiiso. Sir. in tin- ti'}iiiL' titiic-^ of I'ji.irlaiid. a plira-c was iiM'd, uliicli stirred tli(! jieiiplc's hearts in many a di'idill'nl day. 3Ien were invoked ity'Miie priioil fild cause." The ;.ffi()d old catise. in Kni,dand. meant civil ami rc- li.L'ions liherty. as sr-cnredliy INIairna Cliarta and tlie recorded decisions of I'arliaiiienf. Let not oar I'riend lie decei\f(l. Tliis is the pood old canse of vesjion-ilile tro\ crmnent. for wliieli we lia\t' been strn;.fji;lin" for vears. This liill is a ]iart ctf a sy-tem. I'ass it and yon make n stej) in ad- vance ; reject it anil yon Ijcjrin to ri.-trojxrade. For my part, if the whole battle is to be liaro of it; hut I I amiot lielieve. thai, if it does come, the coinilry will ever aflirm the \ iews avowed by Lrcnlleineii in this debate. I cannot coiicliulc Avithonf casting 1)ack with utter scorn the imputation attempted to bo oa-f upon His Kxccdleiicy the FJeiitenant (iovernor. It has been r-aid or insinuated, that n series of measures were in prospect, inimical to tiio lib- ei'ties of the pco])h', and this cliarpc comes from a quarter least expected. Sir. in the olden time<. the sovereiirns of l-'rance frequently dined in public; and tlu' honoralde gentleman from King's well knows that Lord Falkland mi'jfht liave held his councils in the same manner for the last two years, ,-o little has there transpired in which even a di-^eased imagin- ation could trace any thing hostile to iinblie liberty. What inducement is there to tempt Lord Falkland to betray the trust of his sovereign ? to walk abroad aisiong the people of iS'o^ !i Scotia, clothed with a garment of lies, for a li'w years, and be(|ueath to his siuressoi's dillicultics with Avhich lie had not the courage to deal ? Xo, sir. if the new principles •were applicable to Nova Scotia alone. His Lorilshij)'s attachmint to the country would induci' him faithfully to carry them out. Uut Lord Falk- land takes !i broader view of hi- j)o6tioii which had for some time been agitated in the i'f* I annand's resolutions. 3G1 it may iM ; liiit llouso. led the ly •• the iiml re- gions of Id ciuif^e r vfiirs. |i ill ad- r whole ly share ,ill ever ■(iiu'hulc ■d to 1)0 II said or ) tlio lil)- xpeclcd. diiifd in liat Lord the last I iiiiaLnn- lucciiiciit ■igu ? to panin'iit ics with rinciplos nt to the ni Falk- iii.ir hfTc ifs in all Aiiierica, hcart.s, t, instead ni^eralile nliliilioiis, to which they maybe disposed to con- tribute, and l(>r aid to which, if ilie systi'in is sustained, they will jirobu- bly jji'd'er their claims. 5. Jii'sulred, That the numerous a{)plicalioiis, during the present ses- sion, for increased gi'ants lor the higher educational institutions already established, clearly show that the annual grant of i! 1 11 is altogether in- suiRoient to defray the- ex|)ense of any institution of a eollegiate charaa- ter, and that they will all recjuire ineretised support from tiun; to time, from the Provincial funds. 0. Jivsulred, That to continue the [tresent grants to existing colleges, and to endow the two institutions now ])rayed for, would recjuire at least £2040 per annum, and that this sum added to the X170U given to the acudainies in the shire town, would make an amount equal to ,£lu 10 de- voted to the education of the rich, a number comparatively few, while but 1'8 11 1 can be atlbrded I'or the support of common schools, and the instruction, in the rudimental branches, of the great mass of our Provin- cial youth. 7. Resolved, That assuming twenty as the number to be educated at each college, and thirty at each academy, as the basis of a calculation, but six hundred ami thirty boys can, in one year, receive the bcnelit of the £43 10, while the same amount devoted to the s upper tof common scli ools, would maintain two hundred and sixty-lour schools, and prepare seven 31 i I '■' '5! i-'! ;l*t s i- r I' r 30: COLLEGIATK EDUCATION. { '!i I i I ; ( ilioiisaml nitio IiiuiiIitmI mihI twonly cliiMnii U\ vav] tlic word of Gotl, ami cuinliict llic nrdiiiiii'V cniicci'ii-: of life. 8. li'i'so/rci/, 'l"li;it till' ti'iitlt'iicy of iiiuiiitiiiuiii^ .-o iiiaiiy coUrgcs, ;iiiil ni'gl«.'('tii)i^ the ronmioii scluiols, h lo witlidi'aw too many of our youtli from the piir-iiit of indcpciidciici- Ity lioiU'st industry, and to crowd the professions witli persons l»oa>tins d( grees, indieating but little an rit, and attraeting little respect either at home or abroad. ;>. /'is'i/rcif, That the (/xpcrienee of the i>a>l too plainly .-how- that hitter sectarian jcalotisics ari; fostered hy the present system, hy which the gi'eat end of all collegiate instruction, the uniting and knitting to- gether the hearts df the people in the luve of science and lilieral aeeom- ]»lishineiii-. is marred, and slrite ;ind discord fostered within the Prov- ince. 1<>. lii'unlrcil, Tiiat while the burthen of maintaining these denomina- tional institutions presses heavily upon siu h portion:^ of the people asi undertake to >up|)oil them; few of them can alTord liitraries combining the treasmvs of the }iat with the standard productions of modern scienct! and literatui'' ; and some {.A them are deficient in apparatus, ab.-olutely indispensable to the illu.-lration of a resi)ectald(> cour.-e of lectures, 1 1. lii'solrcil. That one good college, free from sectarian control, anil open to all denominations, maintained by a eonunon fund, and rallying around it the affections ol'tlie whole ])eople, would I)e adequate to the re- (piirements of a poiiulatioii t)f three hundred thousand and suiliciently burtheiisome to the levemie. . 12. 7i''Avo/rc^/, That such an in-titution woi.d elevate the Provincial character, removi? existing ditliculties, provide oiu* youth with the bles- sings of a collegiate education, and attract students to its classes from the surrounding Colonies. Tliopc resoliitioiit? were ably supported by Mr. IIowc ; were carried by a majority of tweiity-r^ix to twenty-one, antl a coiii- mitteo was appointed to bring in a bill in aeeordanee with thein. We give some extracts from tlie sj)eecli delivered on this question. After tracing the rif were I coiu- 3C with red 1)11 es, and ir upon COLLEGIATK EDUCATION. 303 niiiulicrof (iillcjrc-i <'i;4lit,or mic I'nr every two iiiillidii eiglil Imiulctil ami si'Nciiiy tlioii-ainl. Tli'' |in|iiiIatioii of l*pus-iji might lie -tated at thirteen million- ; eollcgi's -ix. makiii;/; one for two miliioiH iiml a fraelion. Ila- varia hail three eojleges I'nr alioiit ?-ix million^. Saxony, one college lor alioiit onr million I'onr hiimireii thou-aml; and in Wurtomherg, one eollegu lor one milHon live Inindreil thousand. KraiK'e had one coUeuo fur evcrv one million two hundn.'d thousand, (ireat iirilain nine niiivursities. pop- nlation about twenty-seven millions, making one for every three millions. C'ros.-ing to Xova Seoiia, howe\er, the neces>ity t<»r high eclucation a[)- peared !:-ors be .-iip[)o-ed competent to teach all that was reipii.-ite, in the face of tlie experience of all other countries? In tin.' Dublin University, thirty years ago, were about live Imndred students, a number d' professors, with >pleiidiil ai)purtenaiices of books and apparatus. In Verona College, at oin; lime, were seventy-two prol'essors, and now it has twenty-six. in lid- tlium tlieiv was something like the universily which had Ijeen sketched for the I'rovinces some years ago. A body of examiners composed of fiftv-one members, from the various learned institutions, sat to decide on tl le (lualification- of students, before deirrces wen; obtained. The iii 11- versity had a li-t of professors, which he' would not read on acnMiiii ot" its leiiiith, and the College IJoval of Paris had siniihii' ample i)rovi-i<.)n. f'lffff i i'ji ! .»i i II I hi t> e> IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I I^|2j8 |2.5 ^ 1^ ill 2.2 H: 1^ 112.0 ■uuu 1.8 1.25 1.4 ||l.6 < 6" ► V] <^ /}. ^J: 7 Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 i/.. > o ^ >i\ '} i |i|i i''i!'^ fl \n 304 COLLKCIATK KDrCATION. Tlic IJoyiil Lihrnry nt I'Mris, lo wliicli all cnllcuiatc .-tmlfiils had accfss, nmiiliciTil nine luiinlrcd llioiisaiid V()1iiiihv< of iiriiilcd Iionks, ci'j-Iitv llioii- i^aiid iiiaiiiis('ri|)ts. and a iiiillioii oi' historical piipci-s. Thcsi! cxliihilcd what iiii.^ht be done wlini resources were coiiceiitraled, and wlieii a Irit- teriiii!; away of nieaiis \va< no! periiiitlech Wlial jji-ovisioiis av( re there in Nova Scotia for early records)' AVas there any place in which even an old Almanac was jtreserved I'or fntni'c reference? In the I'niscrsity of I'lcrlin the teachers of law alone lllle(l about lialf a page, and the list on niedii'ine was of greater length, beside the de[)artnients of philosophy, logic, and ethics. There wen; I)ranchcs of inl'orniatiun of great impor- tance which were not tauglit in the Pi'o\ ince, snch as the political and julniiiiistrative scit'iices, agricnllnre, bnt which were deemed worthy of several professors in old country institutions of learning. And, viewing these, could lie express any bnt n depreciatory opinion of those which had been palmed oil' as ellicient for all tlu; wants of this country? It might bo >sai(l that the sj'.stem was good for Europe, but would not .suit well at this side of the Atlantic. The United States ap- proached nearer to the Nova Scotia system, bnt there he computed that there Mas no nK>re than one college for every two hmulred and thirty-three thousand peo[)le. In the more respectable of those in- stitutions the students and [irofessors were munei'ous, and the lil)rarics and apptiratus am[)le. They had been driven to adoi)t the denomina- tional system, but he hoped that the. Province had not gone so hir that it could not try back, and establish one respectable college. The House of Assembly had been charged with changing its opinions, for hav- ing, in fact, learned by experience ; but did not some who abuse them change oi)inions also? Did they not change even in matters of religion, and become the poh'mical enemies of those with whom they tbrmerly acted ? Opinions had also changed on all the great principles of Colonial government ; he did not blame those who changed, and they should ex- tend the same charity to the House on educational subjects. The me- morial which had been presented to the House attempted to mystify, by statements that the proposed plan would be more expensive than the ex- isting system. He would examine the statement, and repeat what had been asserted lo a contrary elFect. There were five sectarian colleges, each endowed with 4."-t 1 1, which made .i'2,220, and the subscription for the whole from the peoi)le might be reckoned at i.'l,oOO. This year one of them asked .i'lOOO for wings, although the sum was subsetjuenlly re- duced to i."."J(>(). If the system were to be continued, £1000 would be wanted. Kach of the others might be expected to Avant wings also, which would make a charge of £oOOO. If the House felt pressure now, i' 1 A COLLEGIATK EDUCATION. 3G5 III acco-!s, Illy llioii- i'xliil)i(c(l 11 ;i I'rit- •ri' tlicre licli even 'iiivcrsity (1 Ihc list lilosopliy, ;it iiiipor- iticiil iiiid vortliy of I, viewing ose wliicli country? )Ut would Uatcs ap- coinputc.'d 1(1 red and those in- ■) libraries denoiuina- so Itir that ."he House , for liav- busc thcui 3f religion, r iornierly A' Colonial should cx- Thc me- nystify, by lan the cx- t what had 11 colleges, M'iption for is year one ijuently re- ) would be ivings also, issure now, how wdiild it bo if live cxcciilivr coiiiiiiitlccs were organized and com- bined, l-'ive ihoiisand pounds was adniilted to lie tlu! least siiin wliieli should be sunk in apparatus and litirarie-, and that wouM make X2."),()(l(), because in-.tead of Iia\ing one eolleetion for one in-tilnlion, om- t()r each woiiM be refpiired. Deducting half of this eliarge, still .l'12,.")i"> would remain. 'I'hat would lie a sunk capilal»of i.'"Jl',. This might be -aid to be e\a.i:gerateil, but an exaniina- tiou of the [)ast woiihl sujiport his views. Wiiidsoi- alone, it was said, had cost the Province .l'2l,'i(), and liy snbscrijition .f.'ldiKt more; it now lay a wreck on the face of the country. Taking all those institutions into ac- count, the I'rovince had expended £ 12,000, and it was a-ked whether it would go back, or go on Avith the system. He denied the ueci'>sity jf sectarian coHeges, ami expressed a confnlent opinion that the ])eople would judge correctly on such subjects when llie whole mei-Its of the case were before them. AVheii he looked abroad on the works of I'rovi- di'Uce, he saw no sectarianism in the tbre-t. or in the broad river that sparkled through the meadows; and slioidd we be driven to the coiudu- sion that ineii could not live/, logelln'r without being divided by that which ought to be a bond of Christian imion ? Ib^ lelt calleil on to make reti'i'eiice to a cry which was attempted to be got up respecting one religions boily, l)ecause all the collegiate institutions had been placed on a level, as regarded i)ublic grants last se-sion. 1I<' had been accused of cracking the whi[) of Catholic ascende'iiey over a Protestant popida- tion. ITe denied the slander, ami would resist the nmhie ascendancy of the Catholics, or of any other boily, to the last extremity. Ibit lie would also resist any attempt at stirring up strife against those who were pur- suing their course peacefully. He believed that the ]»rinciples of civil and religious liberty were in th<' hearts of the [leople, and that their cultivation was for the good of the Province. What cause existed for the prejudice attempted? The Catholics had one member of their church in the Legislative Council, none in th^ Executive Council, and but three or four in the Assembly. Th<'y had conducted themselves with that modesty and moderation Avliich entitled them to credit. They had less tlum what might be considered their fair share of political power, and they were content, and supj)orted the government, because they apj)roved of its princiides. Th«jy asked no ascendancy nor any undue share of patronage. Should not all parties in Nova Scotia liv( 31* rii' 'I '! m ^ i i* ill.:'!:, ■I;1 ' ^i(i- !:ii, n: u* ^1 'Wl son C'OLLi;(;i.\Tr: kdication. J> ! I I 't |i ill pcMci,' Mini LTdod feeling, leiiv'm^' the di-ciis-ion of di^piiteil to|)i('s to llie iiiillldiis \v!i() wei'c interested in other purls of the world. For !i long period lOnghind was ("atholic, and (hiring tliat time magna charta and trial l»y jury were grafted on tho ]jriti.di Constitution. J.f)oking to the arts of life, ])ainling, s('nl[)ture, architecture, ho could (hid excuses enough for those who dung to that church, although it was not his own. Let those; wlio sought to undervalue that body. ]>oint to men of higher claims than Fenelon or Sir Thomas More. AViiere was there a more devoted missionary than Fi-ancis Xavier, and, coming to modern times. Father ^latthew ami his live millions of disci- ples presentc'd one of the wonders of that church. He said this not from any undue bias or inlhience, — he would j)rove to the contrary if it canu3 to the trial, — hut he would not he induced to do injustice to a people because they were not of his mind. Others exhibited as much ambition and i)ersecution as Catholics; and if they were to have a pope, he Avould as soon have one in Home as at Ilorton; if persecution was to be tried, it might as well come imder solemn pontificals as under a black coat and tights. Tliis question Iwouglit Mr. Howe and the Attorney General into direct antagonism. Mr. .lolinston was a Baptist, a gov- ernor of Acadia College, a personal friend of the; leading men who were anxions to build u}) that institution. In a personal dispute which had occurred some months before between two of those persons and Mr. IIowc, he had volunteered interfer- ence, which many of that gentleman's friends had resented as gratuitous and uncalled for. P'rom that period there had been much smouldering ill-feeling and distrust. Mr. Howe had been severely attacked by The Christian Messenger, the organ of the Baptist body, and Mr. Johnston as roughly handled in the lib- eral press, supposed to be more or less influenced and controlled by Mr. Howe. Neither of those gentlemen could, fairly, be held accountable for all that was written and said by their mu- tual friends, but upon the broad question of one college or six, they could not avoid a direct collision of opinion. It was more than suspected that, although Mr. Howe had hitherto carried the govermnent through by great skill and boldness, his exertions and liis success had only earned for him the jealousy rather than the gratitude of his colleagues. Mr. Johnston had listened in silence to the open denials made in 4'^ m I ':l"'i! COLLEOIATE EDUCATION. 3G7 his prosoncc of Iho goncral principles frankly concfHlcd in ihc lower House. lie was llie intimate friend of Mr. Dewolf. of whose retirement and opposition to a ineasun; sanelionecl l)y the Cabinet, it was shrewdly suspected that he a|)i)rovc(l. He had publicly attacked his colleai^nie, and i^iven counlenance, in so doing, to a series of virulent and savage; assaults. All this was keenly resented at this period by ]\Ir. Howe's friends, and by none of them more deeply than by myself. When the pro- fessors of Acadia College, who were Mr. Johnston's l)osoni friends, took tiie field as politicians, and wrote and lectured publicly against the govermnent, it was inipossibl(> to make any of the liberals believe that they were not doing so witii the Attorney General's sanction. During the summer the educational war went on, and the excitement was not aliated by rumors of a direct proposition made by Mr. Stewart to iMr. Uniacke, urging him "to get into the boat with Johnston, and throw Howe overboard." It was largely inflamed when the Attorney Cleneral v<'ntured, at a meeting t)f the I^aptist Asst)- ciatioii at Yarmouth, to stigmatize, for their action upon an open qu(>stion, the conduct of the Parliamentary majority, whereon lh<; government, of which he was a member, rested for support. This conduct called forth a very indignant letter from Mr. Huntington, who happened to bo present. Lord Falkland visited the eastern and western counties during the summer, and was every wIuuh; ^\'ell received. On his return, Mr. Howe, who had hitherto made no attempt tt) carry by excitement his peculiar views of education, thought it was his duty, as Mr. Johnston )iad addressed public bodies upon it in one or two sections of the Province, to do the same. A meeting was called in Halifax, at which the sectarian college system was condemned, a series of strong resolutions being passed, almost without a dissenting voice. We insert Mr. Howe's speech on this occasion, as it conveys a pretty fair expression of his general views upon an important question : — In.steiul of moving and seconding each particular resohition, as tlicre was a series of tlicm, it might save time and be more convenient for gen- tlemen to s]icak to die whole, and Uien, if acceptable, pass them as Jiad *iii ?-i » 1 1 fi 3G8 COLLEGIATE EDUCATION. .'I..I !i: Ih' i'i ■'r -iMJ illl : ':'>'■ l- •y: .iM ■;i I { boon (lono at: ponio of llio niootin^f-; in (ho oomilry, oi. hhir, Tii looking round tlio room, suiil Mr. IIowc, I so(! many "old I'aniiliar f'aoos," and natnrally a-k inysolf, wliat brings tboin hero ? Tbo answor is, to disonss a groat publio ([uoslion, and to snslain tbo view ol' tbat (jiicstioii taken by tlio ro|iros(.'nlalivos of onr oonntry. Tiio IIouso of A«sonilily at its rooont session, baib al'lor ain[)b; (U'balo, solonndy comb'innod ibo polioy borotolbre pnrsucd of endowing sectarian eulb'gos from ibe jinblic Iroasnry ; and m itli a view to negativ<', if possible, liiat deoision, three meetings liadl)oen oalleil in tlie inlorioi' — one at Yannontli, one at Onslow, an attended ehiefly by its mend)ers. 'i\) meet a system of agitation Avhieh otliei's bad got n[> was the obj<'et of this meeting. ^lel it should be, not only here, but if neoessary, in every county of (Ik; I'rovinee, until th(! system of misrep- resentation resorted to, to serve a 2)ur[)ose, was effectually exposed and put down. It used to be said in old limes that there were no agitators in Nova Scotia but the relbrmers ; that this was a (luiet country if the people were only let alone. 1 was anxious that the great ])arty with which I hail always acted, having carried in the main the iiiii)ortant principles for which they contended, should live down that slander and cultivate friendly feelings with those- to Avhom they had been formerly opposed. They have lived it down, they have held forth the olive to all who, unmindful of the struggles of the past, were disposed to labor honestly with them for the advancement of the country. l)Ut, as it appears that we are not to have peace, it is our duty to pre[)are for war ; as it ap[)oars that grave dignitaries have taken up our old trade of agitation, it may be as well to let them see that we have not forgotten it ; since they are disposed, as in times of old, to [)atronize the minority of the Assembly, it may be as well ibr us, as we have ever done, to give to the majority constitu- tional and cordial sn[)port. IIow the House of Assembly liave been treated at these meetings may be gathered from Mr. Huntington's letter. That gentleman says, "I have been thirteen yerrs in the Assembly, and I do not recollect a scene where any person has been held up to the scorn and indignation of the public with such virulence as the representatives of the people COLLEGIATi: EDUCATION. 3G9 were iU ihis inccliii^' (iit Y;u'ini)iitli), iirdlr^cdl^- ;i I'digioii-; oiu'." The qiiostioii i'or you to decide lo-(l;iy is, Did tin' llniisc di.'-erve llii-; trcat- iMciit. even Ircin tiio-e not lidiiiid l»y tlicii- .-.liitioiis to reaped it- elianie- ter and how to its decisions. lldw stood the ([iiestioii at tlie last session? LookinL; Itack at the past history of the. eouutry, what did expei'ieiic(! t(.'acii ? Tlie college at "Windsor, I'ounded in 17S'.), had hecn in operation fif'ty-foiii- years. It had lieen snppocted l»y one of the most wealthy of our churehes ; it draws .t'l.JSd enrreiicy per aiiniini iVoin hcncvoicnt >ocieties and contri- butors in I'jigland, and yet it had never had hut two or three professors and fifteen or twenty .studi'iits. Taking the amount which King's College now receives from home, ami assuming that it has had that income for at least half the time that the seminary has been in oi)eration, and it appears that while X'-'KijOOO have been drawn from the mother coimtry to main- tain it, £2 l.OOO have been paid from the I'rovincial treasury. And yet, ■with all this lavish expenditure; the institution, placed on the outskirts of a country village, and combining the resonrces and attracting the sym- pathies of but one denomination, has never flourished. Sometimes it has had but ten or twelve students for its |)rofessors to teach, and the value of its honors has been graphically d<'seril)ed by tlu; present Solicitor General, who carried them oil", but who found on presenting his degree in England that it gave no rank and conferred no honor at any institution, naval, military, legal, or classical, and was worth no mcn-e beyond the borders of the Province than the parchment upon whicli it w.as written ; because the college which conferred it was unknown ; or, if known, its inefficiency was as notorious as its existence. Assuming that three Students graduated at Windsor every year, and that the euriculem lasted five, each student should cost, mdess I have made some very absurd cal- culation, i.'IOO per anninn, and X2000 of public and private funds to finish his education. This was the ex[)erienee M'liich (he House liad before it with regard to one of these sectarian colleges. Let us turn to another. The I'ictou Academy was (()nnded in IHK), like the college at AViiul- sor, in a small town, which could give but little natural sui)port. It was snstained however by a body as large, as liberal, as zealous as any that is now rallying round any mon; moih-rn institution. It had its president, its attorney general, its ])eripatetic agitators, and its newspa- per; and yet, with all tli|iir('lir>. -Iiiddnl witli S('ri|iliir<', and i'<>ni|i!iinrnl^ In old niini^lrrs, will ailniil llial in llial liiu^ lie t'vrr can liavc an t'(|nal. I>lani'liai"d lias passed awav, Imt will we atlcniiil III coniiiarr Ids \ i^^i irons |irn willi llial ol' anv ol' (lie niodrrii scrililili'i-s in (:i\ (ir ol' drniiminaliiinal collcijirs ; or plai'i' llic racy \ilii|K'r- alion ol' Till' Pii'loii I'alriol Inv-idr llic solcnni nonsense of 'i'lir Cliris- lian ,Mcss('nii;('r':' All llicsi- iTsonrcrs, I repeal, llu' IMclon cullet^e liad, and \i'l il Tailed lieeanse il was seclarian, snpporleil Iml hy one reli'^ious liodv, planled aniidsl :i lliin popnialion, and endowed liy liiniled ami ofleu preearions t!;ranls. Il co^l ils friends l',")(i(H> in privale siihseriplioiiH, and drew alioni i'SlXtO from ll'e Ireasnry. Tlie <'()st ol" each ifradiiatc inii:Iil lie i;;iven, Iml as ."Mr. YonnL:; lias puie at lari!;e inio llie ,slali>lics, I will not weary yon with li^iires. nallionsie ("olleije. oriiiiiially intended to Ite sectarian was iiltinialcly made so. Il appears to have lieen the I'ali^ of this insiilniion lo have had l"oi>led into its manaLrcinenI those who were hostile lo ils interesis; whose names were in ils Iriisi, Imt whose hearts wei'e in other instilnlions. These, it' they did nothiiiij; aij;ainst, took care to do nothin;ji; for il ; their object was to smother it with imliU'erence. Snrronnded hy such men, and elollicd with a seclarian character, t'or twenly-lhree years il stood il nionnment of folly. l'\)nrteen thousand pounds were expended in its (■ •,'ction, the very interest nixm which v.'onld swcdl the cost to .l"o(>,(H)0 by this time, and nevi'r, till ils trnst. and its chairs were thrown open, and (liere was a cliance ot" its lieconiinLi; the nucleus of a valuahli' Provinciai iiistitulion, did tlie friends ol" liberal education rally round it. Il had, till Doctor McC'ulloch's death. Its two prol'essors and sixteen students, but it was and is. like all the others, far from being in such a stale a^ the couihry now requires. Ae:idia College, found(Hl in lS-28 as an Academy, has ib-awn from the treasury i'oO(\ and latU'rly i' 1 I I per annum. h\ thirteen years it, has cost the country about i." I.o0(\ and the peo[)le, in the form of subscrip- tions, perhaps .£• ."i(X> more. It has two or three professors and twenty or thirty students. Ten thousand pounds have bei'u expended, yet the in- stitution is in debt : and, if ils jirol'essors did not lecture about the coun- try in the vaeation, while some kind friends carry round their hats, and gather miscellaneous eolleetions of gold rings, yarn stockings, and shin- gles, the thing could not be ^nstauied even upon its present footing. roLijiciATK i;nrcATi<)N. Ml 'V\\i' Si. Miiiy'-; srmiii!iry ;ri'<'w ii;iliir!illy y-lciii l.'isls ; Iiiil llic o|)iiiioii ol' ils |ii'iiii'i|i,'il in llivor of our I'rnlral colli';:;!', \va-< (•\|iif--ril Id iIii' cDiiiiiiilli'r la-l wiiili T, ami iIm- opiiiioiH ol'ilic limly may In' !j;alliriri| fiDiii llir lad llial all llirlr rr|)ri'si'nlal!\rs in lln; Iidiisii Volril Id alioli-ll llic |i|i'-c||| >3-lcIll. Now, i^ciillciiicii, lici'c \\a- llic cx|icriciii'c of lil'ly-roiii- ycaiN ol' Mcla- riaii collc;;('<, ami llic I'csiill-; of ||ic-c li\c cxpciinicnl ■, licloic llic lioii~c, ere il look llic >|c|i wliicli il wa-; coinpcllcil |o lake, ami wliidi, I am uc|| assiircil, mil o.ily lliis mccliii^j', Iml llic l'ro\Iiicc al laiyc, will iillimalcly npiiruvc. ow Icl lis COlllll llic CO -I Willilsiir ('o]li';;i> — l'('o|,li! of Iji'jIiiiicI (JaC.UdO I'l'Dpic III' Ni)V:i .Sioliil L' 1,(111(1 Dalliolisii' I 1,(1(111 I'irldll AcMclciliy Ai'iiiIm ('(iII('j;i'. St. Mmiv's I I ,0(1(1 Id. (MID li,(l(l() 'rnlal C.lT.dlMI Here we liave an outlay of TUT,' UK I, iinil If we adil f.'iOOO more. I or llie time waslc'l liy llie liCLrislaliirc ii: slril'c ami cDiilciilioii aliDUl, IIicm' scclariaii collctxes, we liml llial llicy have already cost upwards ol' .i'lOOjOUO, while iiol one ol" llieiii, a( lliis iriomciit, is de-erviiii^ lli<; name of CDlIe^xe, or can ^ive the, cdiicalion wliicli llie youth oC tlic coimlry d(!- luaml. [A person in llie crowd asked iiow many acres of land llial vould have cleared.] IMr. Howe said he could not. (ell, hut (his Ik; mi;^lit pay, (hat lookiii,!!; round u|)(m (he i;reat. a'j;ri •.ullural body, avIiosc sympa- thies had been appealed to in ("avor of tlieso .se irian institutions; u]ioii tho.si? whose (oil had beaiitilied tlii; facti ol' h IS ry, and made the wil- derness to blossom as (Ik; rose ; and who had car., -d, by (he sweat of their y iimr brows, the larger jiart of the money thus foolishy expended ; looki round upon that largo class, he eould scarecdy find two siieecssCul farnK.'rs who had graduated at these institutions, although thn-c of them had been planted in rural districts, and one of them had stood in the midst of an agricultural people for fifly-four years. So much for the past, but what was the jjresent aspect of the (pic-tion when the House was called upon to deal with it? Were the persons .«, il f: i. ! r l;^[ r '■Hi ( il ■.! Wj.: ■: III MM ';?'? j'ir '!' . ! ,1 372 COLLEfllATn KDUCATION. wilt) liail .-ii>l;iiii(|)iiit lliis iiioiicy. siiti-lii'd ? Some of tliciii were : otiici's were imt. Tlir I liiirdi paily were ; lli'y askot! only (i) lie 1(1 aloiit'. Tin' ("alliolii's wcii- (|ui('t. Tlic Iri'Miils ol' Dal- liousic, lliaiikliil Ini- till' lioiinly ol' the fIatiii"»', were ciidravoriiiL; to iviiovatc tlicii' iii-lilnlion. IJiit llicrr were slill llirt'<' n'li;:i()iis i)(i(li(.'s in till' licM. Tiic I'rc-liytfi'ians ot' I'ictoii canK' ioruard. and ilcnian'lcd i' 1 I I a yrai, to I'cvivc llic Tii'loii Acadciay, and itoldly stalfd tliat. Mliilc (illirr I'l'li^ioiis liodk's got llial sum, llicy would lake no Ic-s. 'I'lic ]ML'tliodists a-kcd aid I'oi- an in-liimion at Sa<'kvilk', and this I may say I'or tlii'iii. I'lal llicy pressi'd tlu'ir claims with moderation, and wvw salisliod with what tlicy received. UcsidL's llicsc two new pai'lics, tlifrc wciT (Jiir old iVii'iiil-, till.' 15apli.-l Kdiication Connnittcc, who nol satisfied with their grant having hoen raised to £ 1 1 1 the previous year, came forward and demaiidnl t'l(Mfi) to add to the Imildiiiiis of Acadia Colleao! The amiiial cost of the foni- institutions already in existence, wa> X'l,72, and the Methodists coidd not, their j)ride AVould not allow them to, take less; anil the 15aptists would have got their £1000, so that we were asked to add I'l.NHO to the grant f)r colleges this year, making t".'],()00 instead of .1"1,72<>; and to make tlii' permanent charge ,1'2,G0(', leaving several small sects still unprovided for, and no jirovision made l()r the fluctuations of religions oi)inion. Seven thousand pounds is all that the Legislature can afford to sujjport common schools; all that the twenty- iive thousand children of the poor and middle classes, who are educated ut them, cost the treasury is about ■')s. Id. each, and y(!t we were asked to give to sectarian colleges, educating hut eighty students, a sum exceed- ing half the whole common school allowance, and to swell the amount which each of Ihem received from public and private sources to about £lo a piece. Could we do this, and yet hold \\\) our heads, and look the people of Nova Scotia in the face ; yet, because we would not do this, grave professors and politicians travel about the country to abuse us. What did we do? Looking to the past, with its experience of iifty- four years, and its enormous waste of money ; looking to the |)resent, with its demand for the creation of two more colleges, and the extension of another, we saw it was necessary to call a halt ; to count the cost, to break up the system, because we saw clearly that, by taking one of the institutions which had a partial endowment, we could, for £800 or £1000 i^!i!t'|ii ^■m\}; COLLEOIATK EDUCATION. 373 o«lal)li--Ii !i rc'pr (iilil'' iiiiivcisiiy. Tlicn' were other reasons wliiili in- flneiieed llic deei-iioii of tin', Le;j;islaliire lie-ides tlie mere (lUestiou of rnoiK'v; we >,i\v thai ilie -ectariaii system was poisoiiiii;^ social and public lile. Wi' rememlM red tlmi ijie I'ictoii Academy dilatiire. and lasted lonirer tiian the Trojan war; we saw fli(> profc-.-oi's of another in-tilnlioii reduced to the necessity of hecoming itinerant lectiu'ci-s and political airitators ; we saw comhinat ions forming to f'xliaii-t the treasury, and tnenacethe independence of (he I^egislaturo; we saw liiat ihesi' sectarian colle'_re>, instead of hrdnj^ the ahodes of Icarn- injjf. and the depositories of a i-etinin^r spirit and a rational jihilosopliy, were like feudal ca>tles in the olden time, each the rallying; point of :i party who-c only ohjeci was lo,liliilioii-; wri'c duly iiliniii ri'_rtii tlioiisaiid ; luit liiill' tlii' |ii)|iiil:iii(iii ot'tliis city, not a tiiinl ni' ilir |in{iiil;i- tion ol'lliis cKimty, less than llif |Mi|iiiiati(»ii ot'aiiy I'diiiity, and not almvc one lliirty-rij^iitli of llic iiilialiitaiits ol' the I'ruv incc. Shall it In- said. tlion, tlirtt wi', who iTpn'-i'iiti'd not only thai |ioi'lion of iJic |)cn|i|i' who liad |iclilioii<'d, Init the oihrr tliirly-~(\ en |)nilioii> hcsidrs, had iioi a ri^dit to say, wlicii tlioroiiirlily t'on\iiM'i(| that ihr <\«lfiii wa-^ injiirioii-. that it slioiild have no end 'f Another (.'oiiiplaiiit nr^i'd airain-t ihe lloii-c of A--riiilily. and I wi-li to take tliom in tlioir order, so far as _iiiy nienioiy >ei'vi-;, is. thai we rc'ftise(| to hear the aueuls of oiic of the-e ('ollc;rcs hy conn-el at (he bar of the House. We did -o. One would sn|i|)o»e. from llie outcry raised on tliis point, thai the AssemMy can exercise no disci'etion in grantiiijj this privilcLre ; that it is one l'rcd and decided ; all the f^reat interests of the country liav(^ been varied op inllueiiced, from time to time, and yel everyhody else has heen satislieil with iWo, discussion on the fhxn- of the House, hut the parties connected with these sectarian colle!j;es. Does the House of ('ominous ^n-aiit this privilei^e whenever deinand<'d? on (]n, wdio could make himself heard within the bar whenever he pleased ; he had spoken frequently on the question, and if there Avas any thing left unsaid, he might have made a speech every hour of the day. Was it reasonable then, for him, who had been sent there to speak for the peoi)le, to ask to have his sen- timents conveyed to us through a legal or literary speaking trumpet at the bar? Another of the complainants was a member of the upper House, and I think I may ask if it is usual for the Peers to be asked to iliiite ir c'oLi.ixii.vTi; i:nucATioN. 375 Im> Im'iii'i), nil ,'i i|iir .-t'liliiiii iii> tVct'ly, iiml it' Ik IuhI iiiaili; a >^it{){\ «jict('Ii, a>« Ik' very likrly wmilil lia\i' ilniic, it \< pnilialilf llial llic uicnilii'i-^ of ill)' lower lloiisf woiilit liavr i^'oiw up and liranl liini.oi' tliat it uonlil liasc liciii L'ivtn lo n-- in Tlir .Mornin;^ I'o-t iiir oni- j^rnrral ccjili- caliou. I iliinlv you will a^^i uillinif, ilicicroi'r, llial tlir-r two indi- viilnals have, on this .>corc, very liiilc i-uiisf of complaint. Ol'tlit' uIIkt two, one Wiis a prolcs-or who liail itccn writing- ami Icctni'in;; on llic miI)- jei't all winter, ami one was ilie editor ol' 'I'lir Clni-iian Me->cnger, who cuuKl I'asor the world, and had lasond it, wiiii his opinion on colleirivs ulmosit every week. I5(«idi-. thcic wa-^iln' lc.-s rca>on for heariiijj; thest! jtcrsous at the har, ht'eaii.-e they had jire-enied a memorial, only a short time bel'ore, foiu' column^ Ioiilt, aruuin,:^; the t|iiesiion in all its hearings, Tiic.M', then, were good rea-on-,e\en if there had h.cii no others; hut tlicrtj was another. No sooner had the Ilonsi^ pa->ed llie resohitioii, than one ol" tlie.~e \ery parlie-' had attached ihe majority who .-u-lained it, and another had insulte(l tin' llon-e, collcciividy and individiially, hy Uccdaring that there was not talenl or information in it to deal with tho quoslioi!. ruder idl the>e eircuiii-«tances, I static fearlessly, thai il' iho lloiijc had [)ermitle'd ihe.^e parties lo appear at the har, they woidd have reduced themselves to the lowest jioint of degradation. Besides, there were >i\ parties to the setlli'inent of this (ine>lion; the Chureh, the INlelhodists, the Catholics, the Preshyleritins, the lnde|)end- \ the l]apli.-.ts; the latter only asked to he hetird at the har, all iti.>lied to he heard on the floor of the House throutrh cut.- aiK the others wer< those uho participated in their o[iinions. And here I may as well an- .swer a ([iie.^tion which has i)een a~ke(l of iMr. llimlington, ''Who are the Independents? " 1 answer, tlu' friends of u broad ami liberal system of colh'giatc! edncatioii, i'ree from sectarian influence and control. We are the Indei)endenls ; and, hcfijre (his agitation ceases, it will he foiuid that we are ii pretty large sect in Nova Scotia, not ashamed of our name, and able to light for our ol)inion^ Anoll ler cliariic lias Ijcen ni luIc which reqninjs some notice at my hands. It was asserted at Yarmouth, by grave digniiariijs, nay, even, I believe, made the subject of a resolution, that some individual had ridi- culed ami laughed at the professors of Acadia College *' in their ab- sence." As I presume this was meant i or mo m iiy as well plead guilty to the charge, and confess to having ke[)t the House laughing for an hour at these grave professors ; I should liav(! taktm that liberty, ev en if they had been on the floor of the House. But is it so great a crime ■ h' H ^l .'^ i.',-' 376 COLLEGIATE EDUCATION. M wi to laugh at and abuse people, who either have not the power, or, at (he inoiiu'iit, tlie riglit of rcpl}' ? I hav(i often gone iiilo a court ol' justire and seen a lawyer torture a jioor ureleli in a witness l»o\, whose only oftenee was, an anxiety to tell the truth ; and 1 liavc^ ajjain and again seen him overwhelm some eitizei', whom the rules of eourt forhade to open his nioutli, with ridicule, contumely and invective. WIhmi 1 have seei'. all this, ami reflected that it \t-as done I'or hii-e, and that the only reason why it was done, was because tlu^ party iloing it iiad not been feed on the other side, I hav»! come to the conclusion that to ridicule and abuse jieople, who deserve it, is not so great a crime. [Tiic Solicitor General laughingly observed, that there was no scjctarianism m court ; mid Mr. Ilowe rei)lied, in the same tone, that wlienever jierson attacked him, he should take the liberty of doing for fun, what others did for money.] But he was well aware that the respect, the strong attach- ment, which many in that meeting entertained for him, could oidy be preserved by his being able to show that he only used those Aveapons in cases of necessity. The (question was, had there not been, on tiie part of those who complained, not oidy the ilrst aggression, but most ample provocation? Down to the autumn of 1812, said ^Ir. Howe, I never spoke or wrote one line in public, attacking any of the proi'essors, and I argued the question of colleges solely on public grounds. In the spring of that year six or seven letters appiiared in the author; jd organ of the Baptist body, over a signature which one of the proles.- rs iiad used, in which Mr, Young and myself were assailed in a most Mchristian and vindictive spirit ; our motives impeached, and our pu ic ehariicters blackened with misrepresentation and falsehood, for nc other reason than because we had, in the previous winter, spoken a i voted inde- pendently on the (juestion of colleges. My friend, Mr. Lunand, called my attention to these letters, and urged me to reply, l)ut ' lid not. I told Lim to wait awhile, that there we're nioio wliere those amc from, and that my time would come by and by. 1 Avas right ; suu. . iiently I was assailed by two otiier individuals, upon personal grounds, and then I gave them their deserts ; but you will observe that I took no part in any public discussion with any person connected with the Bajjtist body, for several months after Mr. Young and myself had been traduced in their official organ. Yet these are the people who complain of being laughed at. But further. In January, when the strongest stems in my family circle were falling around me, when I could not leave home for self- defence, and when a contest with any persons that could be avoided was not only unbecoming, but almost impossible, from the weight of sorrow COLLEGIATE EDUCATION. 377 Jiat pressed upon ine, wliat did these profesrior» do ? "Why they asi?em- bled a meeting in the hack -wodds (jf vViniaiJolis eonnty, and lliere, amidst those who knew no better and to wliom their word was huv, strove to blaeken my eharaeter in " my absence " by every description of mean falsehood and misrepresentation, and sent tlieir emissaries to carry their slanders to the head of th(; government, llesides all this, only a week before I made tiie speech of whieii these people now complain, Mr. Crawh'y had i)id)iished a letter, aimed at me, fall of iIk; gall and bitter- ness of a malignant and nnchristian disposition ; then it was that I drew the thong and laid it upon the >honlders of these gentry, and made them understand the difference between a packed audience in th(^ woods, and a deliberative body in tlie capital, between tiie I'arliament of Xova Sco- tia and that of Nictaux. 1 do plead guilty to making the House laugh at them, and if necessary, I'll do it again. Let me not suppose that their being stuck up in professors' chairs, gives them the right to fire their pop-guns at people witliout retaliation. But it is said I com|)ari'(l them with truckmen and mechanics. Let me explain. One of tliese professors had (piestioned the (pialilications of the members of tiie House of Assembly, freely chosen by the ])eople, to deal with a pidjlic (piestion in which he happened to he interested. "Was it not comj)eteiit for me, by a H/w sim[)le contrasts, to bring him to his senses, and question his (pialifications to jironounce such a sweeping opinion? I said I would go down into the Sijuare, and take a man off his market cart, who should teach these professors ])hilosophy; and when T name 3L". Titus Smith, is there a person in this audience who will dispute the fact? I think you will agree that not oidy could he teach ihem much of which they are ignorant, and that should be taught in a College, but that he has forgotten more than either of them ever learnt. I said I would find a shoemaker their e0 instead of £2,00<) would be the moderate grant from the treasury ; we should have eight professors in- stead of two, and peace in place of strife. But then the vice and immorality of Halifax are such that no boy 13 safe in coming here for his education! I must say it is strange that those who have lived among, and grown wealthy from the industry of, the citizens of Halifax, should thus paint them to the country. It is unusual for birds to foul their own nests. But I ask those who utter these things to show me, within the bounds of Europe, one collegiate insti- tution of any name, or standing, that is not in the midst of a city more populous than Halifax. If, then, the boys of the whole world ai'c sub- 1" 1 1 II '.ii i'B\: 1 , i ! I I ! i ' *: '-! I )' 1 ff il ^ !l '^i I 380 COLLEGIATE EDUCATION. jcctt'd to tlicsc (cmplations, what is IIhtc in llie cliaraclor of our youth to \vari'anl tlie bolicf tliat they arc more prone to wickedness — more apt to yield (() ordinary temi)tations ? If it is meant that twenty thou- sand people commit more sin than twenty, I admit it. There may be a concentration of vie(! in all towns, but are not virtues, and restraints, and refiniiiir influences, concentrated in the same proportion? I deny that the people of Halifax an; worse than their neighbors ; and I appeal to you to say whether your children are not as safe now — whether they would not be as safe, driidving at the pure streams of science and philos- phy, on the grand parade, as imbibing a sour sectarian spirit on a hill in llorton. But are there not other reasons which make the capital a desirable site? If a boy is inteniled for a merchant, he is surrounded by mer- chants, and warehouses, and ships, and may, while pursuing his studies, ac(iuire a fund of valuable knowledge bearing on his peculiar pursuit. If ho is to study law, all the courts are open to him, and all reserved points are argued here before the assembled judges ; the pulpits are filled with able divines ; libraries, reading-rooms, and institutes, offer constant stores of information. If he cherishes a martial spirit there arc military exercises every day; if the navy attracts him, there are men-of-war to inspect ; if he has a taste for mechanics, for art, or music, he will see and hear more to cultivate and refine his ear and his taste in Halifax in a month, than any country village can offer in seven years. It has been said that we want, by erecting a central institution, to des- troy all the others, and '* wrest the education of their children from the jieoplc." Shame, shame on the men who have thus deliberately slan- dered the Legislature of their country. From first to last, we have dis- claimed any coeix'ive legislation. The Baptists, or any other body, may maintain a dozen colleges if they choose, but they must do it with their own resources. The public funds must be dedicated to public objects, in which all have an interest ; and if religious bodies choose to build col- leges as they now build churches, the Legislature has neither the right nor the disposition to interfere. The House of Assembly wrest from the people the education of their children ! Do not the persons who make this charge know that the House has called into existence and en- dowed to the full extent of their means, thirty or forty schools in every county, which ai'C independently managed by trustees chosen from the people themselves ? Do they not know that all these are to be left, as part of our plan, but extended as our resources increase? Do they not know that an academy has been planted by the Legislature in every county, some of them as good, and some of them even better, than that COLLEGIATE EDUCATION. 381 of wliich so mnch is written mid piiMi-liod? Tluit all tlioso nro unfler tlie conlrol of tin' Icadiiiuj nicii of the comities, selected liy the l-'xeciitivG witiioiit ri'L'.'U'tl to seot or piirty ? All this ha-; Iteeii done hy the Legi;;- latnre ; while those who have erected a single liiijfh seliool and called it a colle,ire, at which some twenty or thirty hoys are iiHtriicted, think them- selves entitled to di't'anie the men who have made this judicious provis- ion for twenty-five thousand. Tlie-e common school- and academies are part of our system; they are to remain. If the ndiirlous liodies choose to keep np their colletres, thi'y will remain al-o. and then the central in- stitution will jrive to tho-e who re(iuire it a still hii>her polish and more extended advantaires. IJiit we want schofdmasters ! Of couiv^e we do. And what are seventeen county acailemie- f(»r but to provide them? "What do the thirty thon-and imediicated children require at our hands? What is the llrst want, the p;ii-;imonnt necessitj' of their condition? Keading, writing, and arithmetic. Tln^so, with geography and the math- ematics, are taught in the seventeen county academies, which ought to, and could, sup[)ly the counli'y with schoolmasters if there Avas not a col- lege in existence. What, then, do we seek ? 'J'o destroy? no, hut to extend, the existing system. In 1S!0, an additional fl<><^') was added to the common school grant. What was the conse(pieiice ? (,)ne hundred and forty-one new schools immediately sprang up, and four thousand eight hundred and ninety-seven more children were educated. Will any man pretend, that £1000 thus exix'nded, will not do more good than if given to one of those sectarian colleges? Will any man pretend that, in refiwing to add £1,880 to the cost of colleges la torrent of sectarian feeling to protect the interests of the mass ? that we did any thing but stand bi.'t ween the treasury and those who live by and live in colleges, that education might be extended and not destroyed ? But then these sectarian colleges are to do such great things for religion. I believe that in a short time they would banish it from Iho Province. One of theni kept the eastern counties in hot water for six- teen years ; and another has produced more strife, division, and bad feeling, than any other bone of contention, religious, social, or political. One thing is clear, that eight hundred common schools and seventeen county academies, are managed with more tranquility, on the independent system, than a single sectarian college. Suppose that five or six ditTer- ent religious bodies owned these, and each was scrambling for its own, what a scene of confusion would the education of the country exhibit. 1" J! :■ ii ' ■ \\ :1f h: : M 'I i vl ' 1$: m ■ A 382 COLLKOIATE EDUCATION. it '''3\' ■M I f'\ Apply tlio samo ])rincipl(' Avliich now f^ovcriis our county scliools and aradcmirs to liit:hrr ('(luoi'tion, and peace and permanence will be tlio result. Tlie ])eople must have ont; college, as they have one supreme court; one Trovince building; one penilenliary ; and il' others want more, let liiem maintain them at their own expense, liut, it is said, if a collegt! is not sectai'ian it n\usl be inlidid. Is infidelity taught iu our acadi/mies and schools? No; and yet not one of tiiem is sectarian. A college wonlil be under strict discipline, established by its governors; clergymen would occupy some of its chairs; moi-al philosophy, which, lo be sound, nm>t be based on Cln-islianity, wouhl be conspicuously taught ; and yet the religious men who know all this, raise the cry of infidelity to frighten the farmers in the country. Having gone, T fear, at too great length, over the main points of this argument, 1 ask myself, can the persons who liavc conunencod this agitation succeed? 1 a>k myself, what intercut can the people of Nova Scotia have in maintaining six colleges, when one will bo amply suf- licient for the whole population ? I ask myself what Interest have Cape Breton, Inverness, Itichmond, CJuysborough, Sydney, Pictou, Colchester — one half of the Province — in maintaining a college at Ilorton, a place which they rarely visit on business, and seldom for amusement ? What interest have the counties on the western shore? The other day, several hundred persons were brought here from Lunenburg in a few hours, Ibr a dollar each. Suppose they had had to go to Ilorton, what would have been the cost, anil when would they have got back ? The same may be said of Shelburne and Yarmouth. With Halifax, they have a natural and will soon have a steady steam eommunieution ; with Ilorton they have none, except what denominational pride or feeling may supply. How, then, can those people hoi)e to succeed ? In two or three counties they may have a majority; but even iu these I do not fear the result, when the question conies to be understood. Understood it shall be. We will give them meeting for meeting, speech for speech; and if il is necessary to carry the war even into Cape Breton, I will not fear to api)eal against the views of my honorable friend who represents it, to the constituency, who, upon this question, can never agree with liim in opinion. Having argued the question as one of a purely educational character, I might, if I were disposed, sketch its political aspects. But this is not the place nor this the time. If I am not much mistaken, the period is fast api)roaching when this duty may be required at my hands ; and when it comes, trust me, my voice shall be raised, and my pen employed, as in times of old, until the intrigues and designs, which are now more feeling haractcr, lis is not )eriod is (Is ; Jind nploycd, ow more COLLEP.IATK KDUCATION. 383 than apparent, arc llion)Ujj;lily eoiiiprelicmlfd by llie pco])!*; uf Nova Scotia. The followinf^ draft of an a(]dr<;?;s was llien read and passed iinani- mourily by the meeting: — TO THE lIOrSE OF ASSEMBLY. Tlie Petition of (he itii(/i'rsit/iici/ Frri'/mli/crs and Jnlutbitanls of the County (f JIttlifitx, Ht'MnLY SlIOWKTlI, That, heretofore, sevei'al attempts liavi' been made to found institu- tions for teaeliing the higher brani-iies of h-arning, which, after consuming u vast amonnl ot' pulilie and private fnntls, have; either entirely failed, or been attended with little success. That your petitionei-s attributed the ruin of one such institution, and the feebleness and ineiliciency of others, to the attempt to foimd them amidst a thin and scattered population, and to maintain them by the resources of some one of (he nnmeroiis branches of tin.' Christian family into which this Province is divided. That y(tur petilioni'rs viewed with satisfaction the atli'mpt matcrin ami respect to you in your elevated l^olitical station in the councils of the country. We would not, however, be understood as coinplinientin;^ you on your station alone. It is the recollection of what you havi' achieved in the cause of libei'ly and the I'clbrni of former abuses, when you stood at one time almost single-handed in the contest, that calls forth this meed of praise. It is the recollection of the f)old and H'arless but constitutional part you took in those measures of Colonial reform, and in your success- ful endeavors to assimilate the institutions of this Province to those of the |)arent state, and procure for us the privileges, as well as the name, of Britons. AVe are aware, sir, of the difliculties with which you have to contend ; that you are thus far necessarily ussociatecl with men of op- posite sentiments, but we have that confidence both In your integrity and abilities, that we fear not the result. We behold the fostering care of our beloved C^ueen extended to us, and her ministers, whether Whig or Tory, sending out liberal Governors to all the Colonies, with lil)eral in- structions to govern on liberal j)rincii)les, according to the wishes of the people. Those meetings evidently alarmed the members of Council remaining in town. But two of them were friendly to Mr. Howe; the others sympathized with Mr. Johnston. Animme- liate dissolution was insisted upon, and a message was sent to desire Mr. Howe's recall, to discuss it. He had made engage- ments to attend two meetings on his way iiome, and lingered to fulfd them, but wrote to say that he would be in town in a day or two. Before he reached the capital he heard of the dissolution, and at once pronounced it, for Lord Falkland's future success and peace of mind, an unwise and fatal step. He did not disguise this opinion from His Lordship. The constitutional remedy for l; < COLLEGIATK KDUCATFON. 385 'icton, •tl, and 1 favor wiruMit ^ enter- to him, I piirt of elevated on your (I in llio i(\ at one nicc'd of titutional I' suecess- ) those of the name, you have \vn of op- tjrily and d on Mr. Howe and Mr. Johnston preparing an ethieatlonal nieasnre in whieh tliey could agree. If they conld not, and wonkl not con- sent to sink their diilerences and work in harmony, then either edncalion shonld hav«! been treated as an open (|Ucstion, or one of the gentlemen, whose irreconcilable diHerences perplexed the Council, should have been asked to retire. To ))rematnrely dis- solve a Parliament that had given no oll'eiice, oU'ered no obstrnc- tion, and which by overwhelming majorities had suslaintnl the administration; and to ilo this without a single attemi)t to reconstruct or strengthen IIk; govennnent, was a blunder wors(* than a crime. Mr. Howe saw it at a glance. Lord Falkland saw it, jjcrhaps, when it was too late. Looking calmly back upon the past, there can be no doubt that to this one funda- mental error may l)e attributed, not only the four years of perplexity and morlilicaiioii whiih His Lordship underwent in this coniUry, but many of the discordant elements i)y wliich public men have ix-en since dividt'd and pul^lic improvements checked. Some of Mr. Howe's friends urged him to resign, but he de- clined. Tht,' Queen's repn^sentative has a right, saitl he, to ap- peal to the country, and although, in this cas(> the time was ill-chosen, I cannot resign merely on the ground that I have been sent back to my constituents. Weary and sick at heart, he prepared for the elections, doubtful, as well he might be, whether Lord Falkland, who he had served for three years with so much fidelity and success, had acted in good faith, but quite assured that he had done an act of folly, and outraged the feelings of many well-disposed mem- bers of the Legislature. Looking at his conduct from cither point of view, the future presented its embarrassments. There were other sources of perph^xity at the time, not very easily seen through, but which, by the light of our later experience, are now transparent enough. A few leading men among the Irish Cath- olics were determined to force themselves into positions upon the strength of the Catholic vote for which they wrrt not bet- ter qualified than a great many other people, and to which they had no peculiar claims. These pretensions were resisted by 33 i' f 1 .1 , i! if 1 I 38G fl^ i mm '! I:'' 'i 1 1 U m i;i' i SPEECH AT MASON IIALI,. tlu; Protrstfiiil lihcruls, jiiul tlu; C'jilhoUcs drew apart iiiul rc- fiisi'tl to take any shan' in tin; Halilax elections. TIk* libi-rals, conridenf i:i their own stren,i,'tli, prepared to laee tlie old inllii- ences without them. Had tli(^ Catholies adhered to their phHli;<', all would have been well. After a hard slrn^'i^de, Mr. Stairs'.s eleetion was Hocured l)y u small majority, when a iinmher of Catholies were thrown into tlie hustings, and, in vio- lation of all political principle and party obligation, nay, in violation oi' their own declaration of neutrality, madc! when the contest commenced, a gentleman who had ahviiys been hostile to the popular party was returned. This single seat, thus lost and won, as it afterwards turned out, gave Lord Falkland the bare majority of one, which sustained his government through the session of 1844. It is painful to look back at the miserable intrigues which resulted in this dead lock to all ju'ogress for sev- eral years. But they were not without their instruction. I resigned my seat that a eomju-omise might be eflected ; but this treachery, and forced concession, were long remembered, and not forgotten when, in 1857, it became imperative upon the lib(!rals to make against Catholics pressure a mon; deter- mined stand. Mr. Howe and INIr. Doyle were returned for the county of Halifax without o])position. The speech delivered by the former upon this occasion, is characterized by humorous retort, and successful vindication of his acts and policy up to this pe- riod : — Gentlemen, had thi.-i election been contested, many opportunities would have boon aflforded of addressing you, and making my views fnd i)rinciplc.s understood. As there is to be no contest, wo have preferred availing ourselves of the cnly chance thai wc shall have, within these walls, rather than in the draft of a doorway and amidst the noise of a crowded street. I must confess, however, that I feel no small degree of diflide-nce in attempting to speak at all, after the mercantile and legal eloquence with Avhich the hustings have of late resounded, llut I must sity something. Were I a conservative, speaking to a conservative auditory, it might be sutficient for me to say that I was a free-born Nova Scotian, with a little Irish blood in my veins; was in favor of agriculture, commerce and manufactures; and m SPEIX'FF AT MASON HALL. 387 m tlii.-, wiili ii hiincli ol" llowcrs iis h]>^ jh ;i tiirMi|> -tuck in my liiiti(in-liiil<', wuiiiil Ik.' .-iilUcit'iit to .-I'ciin! iii(? .-iipiioil. Yuii may expect .-(»millilii;^ more; yoii Iwivc not ]ur\\ nccustuiiiutl to follow any man Mliidly ; you t'Xj»ect iVom tliosL' you sustain a rational ilclciu'c oi' llic ])a>l, and that tlioy will point witli somo dcgi-cc of precision to the patlis they intend to trond. 1 heartily rejoice that ! >ee ai-oinid me a;,'ain the lace-; of those wlio have, in tinu;s ifone hy, h'ut -InMiLrth to imusy !i political strnjr.ule, and niii'lh to many a festive scene. Von have ten year's of utiion .and tri- mnph to look hack upon; a fortnight's misundcrstandinif ami est ran j^c- mont to rcf^rot. Let the lormer fui-nish inducements to confidenc other third of our army was able to do battle Avith the entiro Tory brigade, horse, foot, and ariilleiy. They have paraded their ibrly- two merchants in a handbill, but is it not a fact that with all these, with three banks, two lines of stage coaches, some fifty public ofiicers, half a dozen clergymen, and a sleamboat to boot, they were nearly beaten by one-third of the liljcral parly whom they i)r(Uend to despise? This fact has been shown by our divisions; another, e(iually honoiable, has been displayed; that while the Tories wen^ willing to join either section of the Jviberal party, neither would have any thing to do with (hem. But we are divided no longer, the whole t()rce is once more in the li(;ld ; and, us the man said who spread his butter on his cheese — '"bad luck to the woman who first j)arled them," so I say, bad luck to those who shall ever part you again. "Without referring to the cause of this division, I may be allowed to speak of the gentleman by whose generous resigna- tion our dilFerences have been reconciled. The lloman historians tell us that by some convulsion of nature a gnl[)h was open(.'d in the forum which threatened the safely of iIk; city, and which the Augurs pro- claimed would never close imtil the most precious thing in Rome was thrown into it. Marcus Curtius leaped in, declaring that there was nothing more precious than virtue and patriotism, which taught men to sacrifice themselves for their cotmtry. My friend, Mr. Annanil, has thus leaped into the chasm which divided, and threatened the secu- rity of his party. He has done an act which his friends know how to appreciate, and which ids constituents to the eastward will readily im- derstund. They may be assured that, although I regret the loss of a I I:: 388 SPEKCII AT MASON IIAI-L. !»' It I ',. I li' ' 'i; ^i i,H ;! coll«'iij,'ii<'. who next ti) yiv. IIiiiiliiii,'ti(Iiioiis ili'voiidii lo llnir |irniliar iiilcrols, tin' It--* tlcy an,' likrly to sustain. In |iailiiiL; wiili 3Ii'. Annaml, liowi'vrr, I may May, that \ rcjoici' that hi> jilai'r is to l»r (illcd. not liy a, pulilical oppdiiciit or :in uiitficd man, hut hy an old Cricnd ani> l(ir p('i-ii)iial of party ohjecis ; wlm uiiidd make wriillh iIm' means ol' corrnptiii'j ur inlinii f/'in'.' the p or ri'Tii-c to cuipr»y ;i ii'iickniaM ; ulio woulti (li-nn-is a niarnier anse thi'v cxcrei-ied their IVanchi«e independently ■ for the-i 1 ma>t conli'^s [ havr n(( very exalted re-pcet. The gentleman. ,,, nlio«c ad(ln'-< I iim now reti-rring, told us hr wa-i a friend of agi'icnllnrc. '^^ am 1 : and I may '''U ihr-e eonlndy agrieullnral chemistry, ami rely with a Jn>t pride upon the dignity of your occupation and the bonntii's of I*ro\ idcncc Tl lis I- the li intrnaire WIllC } olll' h representatives held to the farmers; but, --o Car a s we could, wilhoiil injury to otln'r classes, we gave them ihe lieiielil of a moderate prolection. iiicrea-ed means of edination, and (»pcni'(l new aiul improNcd road~. 'I'lie li-herie-; we have proleeled liy ei'iiisers round our coast; and to llie manul'actiii'ers we havi exliaided, wherever the occu- pations they lollowed were, adapted to the coudilioii of the country, a fair and legitinialo proteeliou — a protection in some ca-es ,-o hiuli as to attract the attention of the Secretary of Slate, In fiiliire, we shall endeavor to take vi\\\'K\\ care of the interesis of our friend^, the maiuifac- turers, and whenever the policy of the mother country seems to bear hard upon colonial interests, we shall endiavor to set matters right by explanation and remonsti'ance. To a gentleman who eomplaiueil that we had not represented him and his friends, I take leave to say that we have represented ;ill the gri'at interests of the country fairly, hoiu'stly, diligcully. If they have not considered themselves included, I am sorry for it. That gentleman's father represented this county Ibr thirty years ; but when, din-ing the wlude of that period, were the rich more secure in their possessions, or the poor more iutelligeut, mure iudepeudeut, or better olFthan they are now ? "Within the last six years, during all which time these wiseacres have been declaring that we were all going to the tlogs, Hal- ifax has grown one-third and Dartmouth has nearly doubled in size. As that gentleman lias complained of our stewardship, lot nie remind him in what condition tla; county came into our hands. Looking west from Halifax to Hubbard's Cove, with one or two exce[)tions, there were neither level roads, magistrates, nor schools. Now, there is a school at Herring Cove, one at Portuguese Cove, one at Ketch Harbor, at the bay there are 33* m V \ 390 SPEECH AT MASON HALL. ■II' ill several, ami otlicr.-; arc scUtorcil along tlio coast, Avliile (lioro arc Triagis- tratos at equal distances to sniu'rintcnd the road work and keep the peace. Thirty inih's of h'vcl main road have been niachi in the western portion of tlie townshij) within the last six years — as much as that gentleman's father left to us after thirty years administration. Turning to the east; its condition when I first visited it in 1837, was this: for fifty miles there were neither roads, bridges, magistrates, nor schools. Now there are six schools dotting the shore, where for- merly there was not one ; magistrates have been appointed, and, while the Great Eastei'ii Road has been carried nearly to the bounds of our county, the shore settlements are becoming one after another closely connected by means of roads and bridges. T mak(^ the assertion, and 1 challenge contradiction if it is not true, that there is now in the county of Halifax one hundred miles of level road which did not exist in 18.3(1! Thus have Ave represented the county of Halifax. The narrow contracted views .and anticiuated prejudices of some of its inhabitants Ave may not have represented. The wise men who, in old times, agreed to call a shil- ling fifteen pence, and a doubloon sixteen dollars — who cut the Sluibena- cadie Canal, l)uilt the breastwork at Sackville, and Avasted £30,000 in a legislative collision, may not have been able to seduce us Avith any such large experiments; Ijut I think you are just as avcU satisfied if your vicAVS have been represented instead of theirs. The men who now complain of us, are the men Avho for years opposed the coi'iioration, Avho resisted the introduction of the new Colonial principles, and Avho A'ainly sigh over the loss of poAver they never Avisely used. It has been asserted in some of the papers that the liberals haAC increased the Pro- vincial debt. This I take the liberty to deny. AVho contracted the £120,000 of debt Avhich NoA-a Scotia owes? Not us! We found it in existence Avhen avc Avent into the House of Assembly, and have for six years firmly resisted its further accumulation. We hav(> not paid it oflT, because our available resources could be better em^doyed in the public improvements of the country. To carry these out, Ave have occasionally borroAA'cd a fcAV thousands; but Avitli the distinct understanding that the amount Avas to be repaid. Though Ave sent in one year £1000 to relieve the suflerers in Canada, and in another gave £3,200 to purchase seed for the pool"; in 1812, Ave expended £31,000 on our roads and bridges, Avhile the highest sum that avc could afford for the service in 183G, Avas £9000! It is said that avc carried our elections in 1810 by the use of the Governor's name. This I deny. We beat them at successive elec- tion> during Sir Colin Campbell's administration, Avhen they, and not Ave, had the benefit of the Governor's name to infiuence votes. In the re- SPEECH AT MASOX HALL. 391 cent struggle, onr opponents niiidc — without autliorily I iun Itound to beliove — \vli;it uut it inont , .. J,, .-son at the head of the excise; ougl.. ..^ ^^_, islature. This is a new discovery. Did not these very people Justify my predecessor's holding, for lil'e, not only a seat in the I.egislalive Coun- cil, but in the Executive Council also? Did they complain when Mr. Jeffrey, not (jnly sat in both Councils, but administered the Government of the Province and was collector of Customs at the same time ? The Liberals have also been charged with increasing the salai'ii's. This I deny. The salaries that have been raised have been paid out of the casual revenues, always without our consent, and sometimes in spite of our opposition. AVherever we could, we have ap|)lied the pruning- knife. In bs;;7. about £2,r>00 was lofjped from the })ublic expenditure in a single session. In the expenses of the judicjiture, a material change has been made. Iiududing .fudge Wiswell's of lice, one associate and four inferior court judges have Ijeen swept away. The salaries and travel of these are no longer i)aid. Tlicse amount to £2,400 Wo i);>y the additioiiiil juiljre of tlic supreme court CSOO And tlirce pensions of i:;300 'lOO 1,700 Making a jiresent saving; of C700 And, when the pensions fall in by the death or promotion of the recipi- ents, the saving will be to the country about t'l,(iOOa year. It has l)ecn said that Halifax has become a borough, and that I have nominated all the members. This, like all the other assertions of the Tories, has no shadow of foundation. ]\Ir. Dell was brought forward at a public meet- ing by an inde[)endent nomination, in which men of all parties concurred. Mr. Amiand was named by a body of freeholders in the county, scarcely three of whom I could at that time call Ijy name. INIr. ^McXab was brought into the House, because beinu; in the ";overnment when the new system was introduced, his party did not wish to lose the benefit of his position and influence. AVhen Mr. Stairs was selected, himself and I . )l I :. I , ii iin 'i;;i' if I " It,:'' III i m.- 392 SPEECH AT MASON HALL. W' It- I I" another gciillcman were named l)y our mutual friends. I pledged my?ielf to support either of" tiiein that tlie party tshould bring forward, and the elioiee was made when J was out of town. Tiiere are many oilier tales just as idle that might be laughed at and exjiosed, but I feel thai I have already trespass<'d largely on your time. In eonelusiou, gentlemen, ])er- mit nic to thank you for the indejiendent and vigorous sup{ -'rt whieh you have given me on all oeeasions, and whicii has restored to me my seat to-day, almost without an eflbrt. (ieutlemen, there was a time when a seat in the Assembly, a position in the Coimeil, a public oilU'e, had for me some novelty and altraetion. I have grown old enough to regard these, so far as my own feelings or interests are coueerned, with comparative indifferenee. Gladly would I abandon them all, if I could consult my own im[)ulses, and return to my fireside; but I am so bound to you l>y personal ties ; so identified with the interests of my party, and the success of those princii)les Avhich I have ever maintained, that I feel my destiny is to labor while you repose confidence; that I am not at liberty to withdraw from tiie harness of public life while you wisli me to remain in ; that it becomes me not to desert my post. One abiding conviction buoys me up and makes my labor light; I know that, long after I and my friends that stand beside me shall have passed away to the narrow house appointed for lis all, our labors will be apparent on the face of the countr}', and the principles we have developed and main- tained, will be cherished in the hearts of the [)eople. When the elc^ctions were over, each party, as is often the case, claimed the majority. Hud Lord Falkland raised, before dissolving the Ilonse, any distinct issue for the country to decide, his course would have been clear. As matters stood he was more })erplexed after the elections than before. Nothing was decided. When Mr. Howe paid his respects to the Gov- ernor after his reelection, he express(>d his readiness to resign or to form an administration whicli should conduct affairs satis- factorily, omitting those Irona whom he had become divided by irreconcilable diil'erences of opinion. Lord Falkland expressed his anxiety to retain if possible all the gentlemen who sur- rounded him, his determination to take no step till the House met, and his anxious hope that some solution would be found of ilu! didiculties which the aspects of tlie times presented. That Lord Falkland acted in good faith at this period is scarcely credible. Mr. Howe believed he did, yielded his own wishes. iiiyiself nil the r lilies I have n, per- wliich mo my II time ; olUce, uugli to hI, with I could 3 bouml i-ty, unci at I feel 1 not at wish me abiding Hit, long away to it on tilt; id main- 'ten ihe before utry to stood Smithing lie Gov- resign U's satis- 'ided by [pressed 'ho sur- TTouse He found lesented. jscarcely wishes, METCALF AND FALKLAND. 393 and consented to remain in llie Council, it being understood that the Governor would take no step until the new House had met and given some indication of its opinions. Had Lord Falkliuid adhered to his exi)ressed determination in; niigiit still liave formed a strong government. Tlu; qui^stions at issue between Mr. Johnston and ]\lr. Howe would probably have been raised in the Legislature. These would have been fought out and decided, and the real streni?th of each m'ntleman beinc; ' ascertained, either could have been selected to (onn an admin- istration, or lead the old one which had hitherto so successfully conducted public affairs. In either case His Lordship's path wouhl have been smooth. But in an evil hour he was induced to take a step, which not only hopelessly shattered his admin- istration, but shook the general confidence in his sincerity and candor that had hitherto made him many friends. We are not writing a political history of North America, but if we were, wo might perhaps trace between what was taking [jlace in Canada at this moment and what took place in Nova 8cotia immediately after, — a mysterious connection. Lord iNIetcalf quarrelled with his ministers, and compelled them to resign about the last of Novemb(>r. j\L-. Baldwin, the Attorney Gen- eral for Upper Canada, had been in that Province the same early and unllinching advocate of responsible government that Mr. Howe had been in this. Late in December news reached Nova Scotia that Robert Baldwin and his colleagues had been compelled to resign; that Lord INIetcalf was involved in a political controversy or crisis, or that he meditated and was ex- ecuting a roup cVctat by which all the popular principles lately conceded were to be reclaimed. Lord Falkland evidently thought so, and he probably thought that by executing a coup d'etat of his own, and placing himself in antagonism to the leader of responsible government in Nova Scotia, he would attract Ihe notice of his superiors and secure their approbation. Many others have been given, but this is our interpretation of the troubled dreams out of which Lord Falkland wrought, so far as any reputation for Colonial statesmanship is con- cerned, his own destruction. Before all was over in Canada, the princij)les, endangered or mystitied for the moment, became "i r'f ' ■ : 'i i'^ :;):. f ■ ■ V It' :i'"; m^^m \^ m i\ 111!' i:^ l\ I 1 ■ :i 394 ■i I '■ ■ m ■ ' m almon's appointment, hesignations. li. so clearly (U'fiMcd and nnivrrsally recognized that no Governor General has since been brought into collision Avith his advisers about matters of IViet, or the l)oundaries t)f authority; and in this Province we attribute, more than to any other cause, the firm establishment of sound constitutional principles to the free discussions provoked by Lord Falkland's attempt to put them down. On the 21st of December, Mr. Almon, Mr. Johnston's brother- in-law, \vas appoinred to seats in the Executive and Legislative Councils, and jNlessrs. Howe, Uniacke, and McNab, tendered their resignations. Lord Falkland having required them to give their reasons in writing, they did so. The notes will be found in the second volume. All llie gentlemen retiring, it will be seen, complained of but on(! act, raised a single issue, and left no doubt as to the reason of liieir retirement by any ambiguity of language. They then'fore avoided many of the grounds of controversy and dispute which perplexed all parties in Canada. Tlu! constitutional courses for Lord Falkland to have pursued on the receipt of these notes was, for His Lordship to have called upon Mr. Johnston to iill up the seats vacated, and to go down to the House, and there vindicate what had been done. Lord Falkland was too vain or too impatient to be thus defended. H(! was induced or permitted to write a letter, in which he raised all sorts of questions; and, without waiting to lay his epistle before the House, published it in the newspapers. The day after, Mr. How(^ wrote a calm and temperate reply. Both letters are given in the proper place. Answers were also sent in by Messrs. Uniacke and McNab, which, from the importance attached to this period of our Pro- vincial history, we have included in the appendix. His Lordship, having perused these letters, appeared to have enough of controversy over his own signature ; but, when the session opened, on tlit^ 8tli of February, he was advised to put some absurd paragraphs into his speech, which at once opened the floodgates of controversy. What would be thought, in any part of North America now, of a Governor who undertook to Iffi mi II 'i I. LORD FALKLAND S SPEIXH. 305 (JclViid liif, advisors in il>c iicwspiipcrs, or who was to address sucii stiill as this to Pariiarnciit i For nwirly four years, my best ciicrLrics hiiv<' hccn di'votccl to the ad- vanccmient of the best interests and happiness of this I'rovince, and being satisfied that a iipprovo of their conduct, to seciu'e them a majority of one or two, ai'ler a fort- night's debate on tlw; opening speech, Il;id they done their duty to the Governor, to this House, and to the country. His Kxcellency would hav«! stood in the position which tlie representative of Her Maje-ty ought ever to occupy, and uU these sti'ange discus.-ions might have been spared. Th(! object of the h-arned mcMnber from Sydney ch'arly wa-, to en- deavor to make the impression on the Houinc(r 1812, and that tints the goverinnent litid become weakened, and fuially dis- membered. Now, he woidd be coinp(dle(l to show, not only that tln're was no tbtindatiou for this charge, but, that if there were suspicions .'ind dis- sensions, intrigue and agitation, ending in the dissolution oi' the House, and the dismemberment of the Cotuicil, their late colleagues ami their friends were alone to blame. In doing this, he asked the committee to bear in mind, that the members of gov<'rnment possess<'d decide(l advan- tages ; they could make statements, i)y authority, which, however much ihey might vary from llic^ recollection of facts, and of expressions, the House Avi're boimd to accept ; lliey might reveal as nnich or as little as suited their i)nrpose, and no fault woidd be found ; while eveiy word ut- tered in self-detence, would lie tortm-ed by niisrt'presentation, or regarded as a needless breach of coidhU'iicc. It was true that he had obtained from His Excellency, since he last aildressed the committee, permission to use his own discretion in conilucting liis defence; but he could not but feel, both as a gentleman and an ex-Councillor, thiit, as that ])(;rmis- sion might have been refused, it ought to be used with great didicacy and discretion. From the first, he and his colleagues had desircil to narrow the ground of controversy ; to raise an intelligible issue, upon which Parliament and the country could decide ; and, therefore, whatever other grounds of complaint they might have hail, they rested their retirement upon the appointment of Mr. Almon, and so stated in short notes to His Excellency. The first mistake, as he conceived, which his colleagues had committed, was to advise His ExceUency to i)ut Ibrth a document, in which the secrets of the Council were revealed, untenablt! grounds for the appointment assigned, and a charge of wishing to wrest the preroga- tive, made against them, for no other offence than decorously retiring from the government when they could no longer defend its acts. This letter he should not have referred to, had it not been (juoted here by the Attorney General ; it was, therefore, before the House, and like the 34 I'M Ui'll! 1 I :fi \m » ii • tk H T»<"' ■*- ^'1'4' 'j ' 398 MR. IIOWK's DKFENCE, ppooeli, must be cliargcd, not upon His Excellency, but iipon liis advi-iei*. The next error was, placiii^jj the |)i'er<)i;ative in tiie I'oiciintniKl of ilie speech, in order that, the letter and speech beinu; ttiki'n to;^elher, the in- ference niijiht be drawn that somebody M'as nieniiciiit; tiie pieroL'alive. Thi;? mode of attack was miparliamcntary ami nnliiir. 11" Nova Scoliaiis had not the right to retii-e from a ('oiuieil, then none of tiieni would bi.' mad enough to go in ; and if the (Jovernor, and not his advisers, was to be Ihrnst into the foreground on <>very occasion as of old, there was then no change of system, and responsil)le government was a I'hcat and a delusion. If there wore great errors cliargeablc upon the C.)Mnell, how much more reprehensible was their conduct in endeavoring to gel them- selves out of the difficulties in which they had l)een involved by their own folly, by gross breaches of confidence and unauthorized explanations. It will now become my duty to trouble the IIoiisc; with a narrative, which will, or 1 am much mistaken, put a very different c<)m])lexion upon the whole affair to that attempted to be given by I\lr. ])odd. In 1810, Mr. IMcNab and I went into Lord Falkland's Council ; we were then, and for sixteen months after, the sole representatives which the lilterals, numiiering two-thirds of the House, had at the board. Did our giving our best assistance to the Lieutenant Governor, mider such circumstances, show a desire for party government, for conservative exclu- sion, for a monopoly of power? I think not, and I believe few persons would have risked as much and borne as much as we did, from the jeal- ousy and distrust of our own friends, in order that the govenunenl miglit bo aided under trying circumstances, in carrying out a U(!W and beneficial system. The first thing which, in my Judgment, weakeneil the new gov- ernment, was the conduct of nearly all the i)ublic officers, ami most of the friends, and relatives, and dependents, of our lat(^ colleagues, who, al the elections of 1810, voted and acted against Mr. IMcNab and myself who were memljers of the government, and our friends avIio were pledged to sustain it. The next thing was the indecent conduct of a near relative of the Attorney General's, who, at a ])ul)lie ball given afterwards, was seen to hiss Lord Falkland's health. Those who saw such things, natur- ally concluded that there could be no good feeling, no real sincerity, in the Council. Previous to the meeting of the House, the absurd cry of " the Premier," was raised by the conservative press, to prejudice my claim to the speakership, some of my colleagues being competitors ; this cry had ever since been continued, leading to much misrepresentation and mischief. The House met in February, 1841, and shortly after the members of government here made their explanations of the new principles and policy MR. HOWE'S DEFENCE. 399 of llw tlu' iu- oifiitivo. ■icotiaiis Ollltl 1>'.' VilS tlll'll it iind a icil, lio^v rcl lllt'lU- iinfitioiis. ^■(', whioli upon lli<.' iinril; we vcs avIi'k'Ii ndcr ^la'li ivc (>xol\i- 1 the j<'!il- jcut mii^lit. beiu'Cu'iiil new gov- 1(1 ino.-t of |cs. who, at 1(1 mysoh' re ph>dgc'(l ir rcUitivc rt'aril:^, was ng>, nainr- |inccrity, hi 11(1 cry of 'judicc my itors; this iroscntatiou icnibers ot and policy (o 111' piiisiiod. Tlif)iif^h tho lani)onsibIe to tlie .sovi'rcij;ii uIoir-, nnd f/nif n'spoiisil)ility eoiild "devolve on no man," yet that his advisers wcn> l'espoiisil)lc to the House fur all his aets, and I'or every exeivise of the preroj;ative, and that, if these were not satisfactory, ii vote of the Assem- bly could comp(d them to re-ign or to dissolve the House. This is th> I il I &h ff I!- AT. I iP i ■ 400 MR. nOWK'S niFKNCK. 'I nt llio time, ('om|)o.''p and 1 liavo noniblo 'iiulsor, even to lion of or IVoin » sucli a my livn- r by you nibly ')y move a actA and ijority of ) a donC. ■r to give tho t'losc to a col- i in which there was Avouhl he )vernment lieutenant f intrigues period, to I (leiended id country ■nger, INIr. |ical, main- supported Iming with en by him eulogium ibUshed, at res^istancc support of to give it |the conser- nto power !ouncil re- stored, and tho hhorals turned oul. lu fact, tliaf our own Liu'Isliituro ought not to have the smallest iulhieiice upon oiu" own government. Ml. Dodd him^eh', ahlioiigh of his fair and honorable eimdMcl in the main iie had no rea>on lo doid)!, certainly bad, up to tlie period to wliieh he referred, conunitled a blunder which was well ealeidate(l, and did, weaken tlu; goverinnent and bring it into contempt. In going upon tho hustings and pledging himself to a dismemberment of the I'roviuce, without the sanction of tin? Lieutenant Oovernor, or consullation with his ctood by Iiim to a man. Li tracing down his narrative to 1HI2, IMr. Howe declared that for six months of that year he scarcely wrote a line, except an article or two in defence of the government, while tlu? most savag(! and violent as- saults were made upon IVfr. l\r<'\ab and himself l)y the; tory press of Halifax and Pictou. I come now, >ir, said he, to tin; events which li'd to the conference in Air. Dodd's bedroom, of which such an \mfair use has been attenijtted to be made. Let me ask what took us to Air. Dodd's chamber? On the 10th of February we lost the baid\rui»t l)ill; this was the cause of the conference — the reason for the uneasiness, the sus- picicm and the ditTiculty of the time. IJut, sir, was it our intrigues that defeated that bill ? Did tin; liberals only oppose it? No, sir; of the sev(!nteen members who voted with the govennnent on that occasion, hut five were conservatives, while ten conservatives voted against us. Of the five who voted for the measure, three were members of Council, so that our colleagues, who at that time held seven seats in Council, while we liehl but three, only brought us, in addition to their own, two votes to sustain us on an important government (piestion. I remcMiiber the astonishment with which I regarded that division ; th(^ ollicial and other influences which were supposed to have produced the result ; and I remember when Mr. Dodd put the question to me, as to whether, in the event of the government being overwhelmed with a vote of want of confidence, we would go to the country and unitedly oppose those who passed it, that my answer was, that, though I would manfully delL'nd the government down to the last moment, and act honorably by my col- leagues, yet that, if we were defi'ated, so heartily sick was I of the treachery and blundering and unfair conduct of some of them and their 34* i Mi i\ i;'^' w :' ll ^'1 It iiffi 402 MF!. IIOWK'm nr.FKNCK. fl . [ii.i .-I'ri ')•■ 1 1 fricMuly. lli.'it !i()tliiii'jr slutuM indin'c inc, if omc lionoraltly (ml dl" ili(> ad- ministralidii, to <:(> into il a-iaiii. Wlial Mr. Yomij,' said, I do not rc- inctnli< r, luft that was what I fell Miid I'airly expressed. On (he I7lh of l-'eli'Miary. Immumt determined to ascertain what tlie real Ptrciiglh ol" the o|ii»()>ilion was, the resolntion of eonlidenee was inlro- diicod ; it was moved hy Mr. Lewis and seeon(h'd liy Mr. Chipman, and both these <;('nth'men, it is <;enerally lieiieved, as u reward ilti- ih(! ^jjoud pcrviccs they tlicn rench'red to the ailmiiiisi ration, were disphieed at thti rrcent «'li'etioiis liy the exertions of zealous pjirlisans of two inemher.s of llio very a(hainistration they thus stepped forwaid to re-eiM' from a most Inimiliatinii position. I am now .speakin;; of ISL'. a week alua' the loss of llu^ lianknipt liill, and the eonfei-enee at Mr. Dodil's, he still being confmeil to liis cliamltei'. IMy sincerity and that of tlu; speaker then ■was evinced I)y holdly pi'(ipoim!ip till' opportunity to eject it again. Mr. llowe here referred to the serii's of letters abusing himself and Mr. Young, two nu'inbers ol" the p)V('rhnieii(, in llie spring of lH|-J, in 'I'he IMessciigtr, a paper iMJitcd by an oiru't r of the goveriunciU, as anothir cmioiis indication of thai want of aniily and nnitiial conlidtni'e and luu- tual protection, which was forced upon tin' puldie mind by tlie folly of those who were responsible to the country for all the mischief whieh had occurred. At these attacks, coming from a soiu'ce over which it was 8upp(»sed the Allorney (Jcneral had some eontrcd; written, as they ini- doidttedly wei'c, by an intimate friend, and aime(l at two of lii> colleagues, who, down to that period, hail acted towards him with all t»incerity and goo(l faith, the libend party wen; iiatiu'ally indignant. His answer to his li'iends, who complained of what they regarded as evidence of treachery and hostility, was, "The Attorney (leneral is not answerable for the lolly of all his friends; he should not be charji^ed with all that his friends chose to write in the new- pap •rs, or blamed because his col- leagues are attacked." Down to this period, ntiy, ibr six months after the conversations in Mi'. Dtxlil's bedchamber, I not oidy felt no hostility and harbored no suspicions, but certainly hiid never knowingly performed an act, spoken a wor il, or written a line, v.hich could have a tendency to weaken the government, or lower my colleagues, indivitlually or I'ollect- ively, in i)ul)lie estimation. In the sunmier of 1812, 1 became eD^ragod in a controversy with two individuals about matters purely personal. Into the merits of that controversy il is not necessary lor me to go; it is sulU- cient I'or me to express the astonishment with which I saw om; of my coll ea^ue th onoral Jl(! aiK I k earned Attorney deneral, step out mto the newspapers, and, without cause, without really knowing any thing of the matter, volunteer a [tublie attack, over his own signature, upon mc, who had, iitr more than two years, under the most trying circumstances, stood between him and the hostile ti'clings and well-groundcil suspieicms of my i'riends. Though highly indignant at this un|)rovoked attack, and though I expressed what I felt frankly to the Attorney General, lor the sake of the government of which we were both members, 1 naturally passed over the matter as lightly as possible in the public notice which I was compelled to take of it, but endeavored to induce my friends to believe that it si)rung from a mistaken sense of duly rather than from any less honorable impulse. IMy friends, personal and political, took a dilferent view of the matter; they considered this but as the final evi- dence of the existence of intrigue and hostility whieh they had long sus- pected, and another circumstance shortly after gave new force to their li^ i'i li. I il ^■iS'r ■\\ ! i tX ilH 404 -.(I if ■ .'!lf I'll ■"'^' ■■ .' t it! . ' MR. TIOWE'S defence. suspicions. [Ilorc ^Ir. Howe (Iclicatcly roferrcd (o INIr. Stowavt's pro- position to Mr. Uniackc, to jiot into tlio boat wiili liiin anil Jolin.-ton, form u combination of Baptists and Tories, anil thi'ow Iiini ovorlmaril.] That story liail riroiilateil for fifd'cn months nni'ontrailifteil, nor did he Ijeliovc it could be contradicted, for when lie had indignantly remonstrated with Mr. Stewart at tlie time, though he denied any serious intention, he ad- milted having used the language attributed to him; and one thing was very certain, the combination of Tories and Baptists was formed, tlie Attorney General and Mr, Stewart were in possession of the boai, and he, and Mr. Uniacke who refused to be a party to the novel alliance, liad been driven out. Thus, then, had he acted towards his colleagues, and in this spirit had they acted towards him. Down to this period, running over two years, the liberal members of the Council had done every thing in their power to shield their colleagues and strengthen the gov- ernment; they had defended them in the press, and covered them with friendly majorities. Mystification of principle, floods of I'onservative abuse, secret intrigue, and open attacks, were their reward, unHl their friends would no longer listen to their remonstrances, and resented a course of conduct which they believed to be most unprecedented and un- fair. Down to the close of 1842, the liberal press and liberal party had sustained the government in good faith, but when the Attorney General's letter and INIr. Stewart's intrigue became public, from that moment they suspected a state of feeling in the Council which ultimately produced its natural results. Mr. Howe here touched lightly upon the memoi'ials sent to the Gov- ernor by Mr. Johnston's friends — their attack in Tlie 3Iessenger, in the winter of 1843, naturally leading to severe retorts from him while dis- cussing the question of colleges. He traced the progress of public busi- ness through the Qualification Bill debates, and Mr. Dewolf's retire- ment, to show how steadily Mr. McNab, IMr. Uniacke, and himself, whatever causes of complaint they might have had, sustained the gov- ernment down to the spring of 184o. A very large section of the lib- erals voted to sustain the government and the Qualification Bill, but yet, towards rlie close of the session, there was sufficient evidence of the grad- ual formation of the Baptist and Tory league, which jMr. Stewart had been the first to announce, and to which INIr. Dodd seemed to be lending him- self^ to rouse the indignation of his friends. A good deal of uneasiness was created by these indications, but the sincerity with which he still acted towards the Lieutenant Governor, and towards all parlies concerned, was shown by his anxiety to get Mr. Huntington's support to the government, for which he still continued to hope down to a very late period of the ses- MR. HOWE'S DEFENCE. 405 i ■' 'rt pro- 1, form That iK'licvc hI with he ad- iiig was 0(1, the jui, and ice, had lies, and runnhig le every the gov- lem with servative nnl their esented a 1 and im- part y had [General's nent they need its 10 Gov- ;er, in the Uile dis- jlic busi- s retire- himself, d tlie gov- \X t ■ the lib- , but yet, the grad- had been iding him- siness was still acted ■rnod, was )vernment, of the ses- sion. When that gentleman declined, and wlicn some hills, favorites in the House, had been destroyed by members of government in the Legis- lative Coimeil, a det(;rminution Avas shown I)y ^fr. Annand, Mr. Hun- tington, and otiiers, to move against the adminislraiion. Again ^Ir. MeXab and himself interposed, remonstrated, and olitained an assurance from the more moderate of tli(! parly tliat they would not sanction the resolutions which had I)een shown around the House And thus the business of the session of LS1.'5, after all our dillicultii'^, was drawing to a close. On coming down to the House; one morning, after the liberal party had thus been induced to withdraw o[)position, Mr. Howe said he heard that a re-olution was to be moved by the other side against him; he inquired what its nature was, and who was to mov". it, but could get no information. Supposing it was somelhing aimed at his ollice, he pre- pared a general resolution, which included nothing more than Lord Falkland had over and over again slated his desire lo establish ; which we had all been struggling towards, and hoped yet to reach, and which would have raised the broad (piestiou, of whether heads of departments were or were not lo sit in the House. He did not tliink it necessary to consult his colleagues, Iiecause nothing might be moved ; he could not give any definite information, fi)r he had none himself, and besides, mat- ters had got into such a strange state, that really it was diificidt to tell from what quarter, or from whose hand, the next lilow at him might come. When IMr. Marshall rose and gav(! the notice, his was given, and what did it amount to? It was a notice that he would do something a year hence, if another gentleman did something also, three himdred and sixty-live days being allowed ibr consultation, and noi)ody being tied up by the exact words of the resolution; which was innnediately re- turned to his pocket, and might have Ix-en l)iiri(Ml, or else modified in any way, if distasteful or injudicious. Now, said Mr. Howe, let me take the worst view that can be taken of this act ; supjiose it hasty, impru- dent, or the result of feelings roused and provoked by three years of folly, imprudence, treachery, and most deadly assaults coining I'rom the other side ; suppose it an attack upon the government, which it was not, or a reflection uiion my colleagues, which it was not, surely it ill became those whose own conduct had provoked it — it ill beconu>s them now to make a mountain out of this nnfortiniate notice of motion, the only act upon which they can f)und an objection from 1810 down to ISio. Mischief was attempted to be made of it ; it was represented as likely to set the comitry in a (lame, but, like sundry other notices ol" jnotion given during the session, it was soon forgotten, ami failed to realize the anticipations of my enemies. ili Ui' it li: .Hji^i !\ ■ I! :ii"l f li ' "(l,fi|h i > ■■ i fSi 406 Sm. HOWE S DEFENCE. Spring came on, the grass ^vas verdant, the flowers began to open, and and the hirds to sing, and I luit disposed to forget the feelings and the liitignes of tlie session. Tlie eonntry was (piiet, and the government, if not so strong as it liad been, Avas so fiir suecessfnl, as to give foi- the next twelve months but little uneasiness. In the midst of all this (|uiet and fancied security, away Avent the Attorney General to Yarmouth, then to Onslow, and subsequently to IJridgetown, stirring up strife and agitation wherever he went, abusing the House of Assembly in general, and mo in i)artieular; and, on one or two occasions, actually framed a lesolulion aimed at his unfortunate colleague. This agitation extended over about five months. I took ne notice of it [said Mr. Howe] till the Governor had completed his tour, and until late in the autumn ; then, having ob- tained His Excellency's jjcrmission, one meeting was held in the ca])ital, and four or live others in the Eastern counties, the Governor frankly admitting that, the Attorney General having connnenced the agitation, he had a right to set his views before the Province. A short time ])revious to his going to the country a council was held, at which the subject of a civil list was discussed. The Attorney Gen- eral -was then agitating in the AVcst, and the disorganized state of the Council was, out-of-doors and in the newspapers, a general to|)ie of ob- servation. In answer to a question as to whether the Civil List Bill could be carried in the House, he observed that he had his doubts, from the disorganized state of the Council, and from the manner in which a ma- jority of them had been defamed at public meetings, whether the gov- ernment Avoidd be in a jiosition to carry any measure, unless some steps were taken to restore confidence. A dissolution Avas spoken of as a remedy. Mr. Koss. Ei'om Avhoni did the suggestion of the dissolution first come ? Mr. IIoAve. That is not material ; I have used the permission granted very sparingly, and shall adhere to that course. I opposed the dissolution on the ground that it Avas not the proper remedy, and Avould punish the innocent, Avhen avc alone Avere to blame. The conversation became general, and the subject Avas finally dropped. A day or two after. His Excellency did him the favor to si'ud for him, to show him a communication on the subject of the civil list. The subject AA'as fully discussed, and he left Avith the understanding that His Excel- lency Avould submit as low a scale as might seem to be just ; that members of the House Avonld do their best to carry it; and, if modilications Avere forced by the House, Avhicli His Excellency did not feel himself at lib- erty to acce[)t, a suspending clause should be attached to the bill, and , and 1 the lit, if i next .>t. and lien to itation \u\ me uUilion • about ivernor ing ol)- cai)ital, iVankly ^itation, as held, cy Gen- e of the c of ob- X\\\ could from the •h a ma- the gov- |nie stops of as a lion fivst levmission opposed remedy, lie. The i)ped. A 1)1- hhu, to ^le subject [is Excel- lacmbers lions were Llf at lib- L bill, and MR. IIOWE's DEFENCK. 407 the subject loft for the Colonial SocrotaryV final adjudication. AVith this impression, therofore, that the civil list was disposed of, ami the Governor's ditliculties removed, he loft i'or the country. This, said INIr. IIowc, is my impression of what took place, but 1 am boiinil to adopt the extract from the dispatch, which His ICxcoUcncy sent down, as the only statement of what did occur, if His Kxcolloncy insists upon it. I am authorized to stati; only wiiat is sanetionod, and where my explana- tion may differ from ilw communicalion mad(! by the Iw'ud of the i^ov- eniment, tlu; House, in such cases, is bound to take his and not mine. Mr. Howe said he left town the next day after his final inlt-rview. The Attorney General in iIki interim returned, and at Aiiti;j:()nish he received a letter from Mr. IMcNab, informing him that the fjuestioii of a dissolu- tion had b(!eii seriously revived. He explained th(! engagements by which he was surrounded, and said that he had given his opinion strongly in writing, and had no wish, as had been sujiposed, to favor the impres- sion tliat he had been consultijd. Down to this period, said Mv. Howe, I had never contemplated the formation of a party government ; I had never pressed it upon the Governor. Though the subject had b(MMi urged in the newspapers, I had invariably told my friends that neither the liberals nor the conser- vatives wen; in a condition to form a strong government f)f' themselves; and, although provoked with the eccentric behavior of tlu; vVttorney General, had never contemplated or asked his exfjulsion from the gov- ernment. 1 returned to town on Fri(hiy evening. On Saturday, a re- quisition, signed by Mr. Alnion and nearly all my political and personal enemies, came out in The Recorder, calling a jmblie meeting of my con- stituents at INIasons' Hall, to nominate members for the. town and county of Halif X. As neither jMr. IMcNab nor mvself had been consulted about this movement, and as we found our colleague the Attorney Gen- eral in the hall prepared to address this avowedly hostih; meeting, it would have b(!on strange indeed, after three years and a half of such conduct as I have described, ending in such an exhibition, had we not gone for some form of government which would have included more unity, coniidenco, and good faith. ]Mr. Uniacke, notwithstanding the disclaimer which appeared in the papers lately, encountered at Sydney opposition clearly tractiabh^ to the leaders of the liaptist party, with which Mr. Johnston was identified ; oppo- sition which cost him £700, and which was, theretbre, calculated to give him annoyance, and arouse disunion ; and my belief is, that from the nioinent it was ascertained that he would not join the league against me his po- litical position was seriously uienaced. [Here some conversation arose S'ijfi! ■ ■' it i^ i^:'i' 1 ;* m : 1^ '■ i i[: ::■■! ! .1 ! ii.: M! 13 % li • III i ; u ]!t:.t-."; ■!i' ■ ■-■^inf 408 MR. IIOWE's defence. between the Attorney General, 'Mv. Dodd, and 'Mv. Tlowe, relative to the Sydney eorrespondciiec, from whieli it appeared that the impression was general among Mr. I'niaekc's friends in C'a|)e IJreton, that letters had been written against him by those nearly comieeted with Acadia College.] Here then was evidence of a 15aptist and Tory eoinbination, which ]\[r. Stewart had suggested a year before, and which wa.'^ found by the general conduct of the elections l>oth in Halifax and elsewhere. Mr. Howe next reH.'rred to his interview with the (lovernor after the close of the elections. As the results Avere nnfavorabh! to the Attorney Gen- eral on the college question, the only one that had been fairly before the country ; as it was evident that he and ]Mr. Stewart had not brought back such a majority as would enable them to carry on the government Avithont the liberals, ^h: llowe suggested that if ihey would retire, a Council could be formed which, if His Excellency presented no insuper- able (lifRculties. should carry on the business of the country with a respect- able working jnajority. AVIien obj(!clions were raised he wished to retire and get out of the way. As the Governor objected to this, and his friends thought he ought not to assume that the new House would not support the government as it stood, he finally yielded his own opin- ion, and conformed to llie Governor's wish. The appointment of ^Mr. Al- mon followed. The publicity of this, it being known all over the town long before either ol' the retii'ing Councillors were consulted, was referred to, not to found a charge against His Excellency, for he was not to blame, but to show that there w(re gross folly and breach of trust chargeable in some quarter. After due remonstrance, he []Mr. Howe] exiiressed his wish to retire, Mr. ^ Nab, Mr. ITniacke and himself having made up their minds. He was iidvised to consult his friends ; he did so, and then found that both the Sp<'aker and Mv. Doyle, who had previously advised his adhesion, and neither of whon) had ever urged or desired the expul- sion of the Attorney General, both gave it as their decided opinion that to remain, after Almon's appointment, would forfeit the confidence of the entire liberal jtarty. For giving this advice, a charge of jjcrsonal am- bition was now sought to be made against the speaker, which he there declared to be without the shadow of foundation. It was not that he had not held '"the scales" ecpially that his conduct was disapproved, but be- cause; his masterly statement of the ease had lifted the scales off the eyes of members. So far from "lowering the House." as had been said, he had elevated it by his stirring and m^nly elofjuence. It Avas his duty, as the head of the House, to defend its princi[)les, and assert its powers. Mr. Howe next stated his objections to Mr. Almon's appointment, — first, because it destroyed the balance of parties — one of which had be- :i fli a to the n "vvas •s luid which Ity the . Mr. >c close y Gcu- bre the brought ■rnmcnt retire, a insupcr- rcspect- to retire jukI his ^ ;c wouUl wn opin- f :Mr. Al- tht! town 5 referred to bhime, irenble in ■e^ised his made up ukI then y advised lie expul- jinion that iice of the Isonal am- he there iit he had jl, but he- ir the eyes 11 said, he his duty, Its powers, jitment, — h had he- MR. lIOWi: S DEFENCK. 409 tore been iiio>t uiKMiually represented — and next, because' it was unjust to iIk' tbrty or fifly gentlemen who, in l)otli brandies of the Legislature, liad siislaine(l the gove'rninent for tlic; last three years, lie denied that "alliiiity" to any man was a good reason for an important political ap- ])oiiitm(>nt. He thought if a relative of his had been taken ofl' the An- napolis Imstings and thrust into the Council, the Attorney General would have had good gromid of complaint. It was in vain for IMr. Dodd now to f>x;)ress anxiety al)Out the Catholics, because, had the three Councillors belli on after Ahnon's a|ipoinlment. there would have been no vacancy, and their chiims woidil have l)een overlooked. Had the intention I'cally b(}en to elevate a Catltolie to the board, the seat given l)y ^Ir. Johnston to his bi'other-in-Iaw should have l)een given to them. The learned member from Sydney was afraid that, under the new system, the whole government of the country wo'.dd be in the hands of fiv(i lawyers, resi- dent in town. If so, some of them would represent country constituen- cies, and all be responsible to the House ; but had he ibrgotten that, under the old system, eleven out of twelve meml)ers of both Councils resided in till! town of Halifax? A dissolution had been threatened, bill for what? The only reason for the last ajjpeared to b(! to get IMr. Almou into the Council, another could not be necessary uidess the Attorney General had another relative to provide for. The idea that the passage of this uiiiendmeiit would place a mark upon the (Jovernor, or degrade hiin, wa- ridiculous. If he thought so, he would vote to throw it in i!ie fire. "What interest or what feeling could behave in the matter? lie wa-; above our aim. AVe were complaining to him of his Couni.'il. not of him to his sovereign. The learned gentleman from Sydney, complains that we have cdiaiiged our names from retbrmers to liljerals, but he ibrgets that his l'rienill, rather an old affair, and one that would not now be offenid if tla,' revenues were productive. Alluding to the denial of the position that the Governor can do no wrong, IMr. Howe maintained, on high Canadian authority, — a j)am[)hlet written by an of- ficer of the government, anil ])ublished under the sanction of Sir Charles Metcalf, — that he can do no wrong of which the people under his rule can be the judges ; they being compelled to hold the Council respon- sible for all the Avrong he does, and he being alone responsible to his sovereign. This responsibility, Mr. Howe admitted now, as he had done formerly. The article referred to, stated he could " devolve it on no man," neither could his Executive Councillors throw upon him, as was sought to be done here, their responsibility to the people, by crying out, " insult to the Governor ! prerogative ! prerogative ! " whenever a vote of censure was moved against them. There was as little consistency in :»;''•■•!' ■^ !• n9~ nn u liis have ]Mr. ^latcs ; cither >f iihh: , might gretlcd y oecu- »ich the r, might ■gal ail- ing, that piivsiiit. th Ty.uly iiieiit, he hiiu say, .tiou: be ma( lie Ic (Igcnie'it •L' to di^- il try the they e that one on hilling to Ir. Howe by I an o Charl ns r es ule respon- llc to his liail (lone I no man, as soLV t. ms rht ult Y( )te of listency in JIR. IIOWF/a DEFENCE. 411 what liad heeii wriiten ahont " foreing opinions " upon Lord Falkland; no man hail a right lo do that ; all had the right to reason, rmioir-trate, retire, ami go into opi)o>ition. 'rii('-(! were the eonstilntional ehccks and giianls operating all ronnd a ( iovi'rnftr, hut leaving thr |)rerogalivi' un- lettered. The Attorney (Jeiieral eoini)lains that we eouple ])arliainents and prerogatives together, like the Siamese twins. AVe are right; the union and sympathy between tliem sliould he intimate and inibroken. Strike away eitlier, and you <'staljli'h a de-[)()'.i^ni ; let th(.'in act and re- act njion each other, and you hav(! l>rili.-h Conslitiuional government. The Attorney Gi'iieral admits that the old government of this <'ountry v;as a tyranny. ]May 1 not a^k who defended it till it fell? 1I<' is afraid that a party government Avould destroy the independence of the House. JUit does he not n.'meinber that the House destroyed the party government which Sir Colin Cam[)bell maintained? After touching on several of the other points of the Attorney Gene- ral's speech, Mr. Howe concluded b^' saying, that as many charges had been preferred against himseli' and his friends, Ik; had one to bring against the honorable and learned members of the administration. They knew, in a single day after the opening of tlu^ session, the temper of the House; they knew that there were not ten men here who ajiproved of ]\Ir. Ahnon's appointment, or who would desire to support the govern- ment without such a reconstruction as was contemplated by the amend- ment. Why did they not bow with a good grace to the calm judgment of men of all shades of opinion, instead of i)rovoking this protracted and angry discussion, and bringing bedchamber stories here, discreditable to the House and to the government ? AVhy did they not do justice, and restore confidence, and place Lord Falkland in the proud position which, as a nobleman deserving of the respect and confidence of the Legis- lature, he ought to occui)y? He had no wish or desire but to do justice to tlu; liberal party. ]Motives of [xn'sonal ambition had been chargcKl upon him; his ambition was akin to that of Fulton, who, while developing the principle of the steam engine, cared little for the command of a steamboat. To me, said oMr. Howe, it is a matter of trifling moment now, who form the administration in this Colony or in any other ; all I desire to see, are the principles legitimately worked, and Governors generously sustained, winning confidence by the value of their measures and the wisdom of tiieir appointments, not driven by temper or personal importunity to array one-half of the House against the other, and weaken the prerogative by using it unsparingly in defence of acts which public opinion cannot sustain. H'M i (;-♦■.; ,j • r !•': ( r ■ !!;; ^1 i -...i fli h I i: f.-i •} ■'Ai "' ii! ; fill t I ,ii 412 AMENDMENT TO THE SPEECH. The iunenclmcnt moved by Mr. Iluntlnglon, and seconded by Mr. Uiiiucke, was in these terms: — Of Your Loi'(lshi[)'s udmiiiistrMtioii during th(; la>t I'diit years, lln' peo- ple's repi-eseiitatives liavc hitherto, in tlie t'xeroiso of tluii- coiislitiitioiial privih'gcs, expressed their approval. Thu (Queen's representative, wo luin>1)]v conceive, (lillowiiiLj; lh(! example of" tli'! august soverei'j:n he rei)- resents, ^Il()ldd not oidy resist with (irniness any invasion ol'tlie pi'ero.^a- tivo, but wield tin- high power?* eonnnitted to him for the good of the whole peo[)I(! residing within his government. For llu^ maintenance of his dignity, and tiie constitutional exercise of the prerogative, he may always sincerely rely npon the loyalty and intelligence of this House, faitliiiilly relied ing, as we trust it will, ''the love the pco[)le of Js'ova Scotia hear to our gracious (^uoen, and the attachment which binds them to the mother country." The (piestion of i)arty government is one which this House does not feel itself called upcju to raise at the present time. The system of ad- ministration graciously conceded by the im])erial authorities, subjects the advisers of the Clovernor to a resi)onsibility to Parliament for the acts and [)oli(y of the government, and makes it incumbent npon Jiim so to select thein as to preserve the confidence of this Assembly; and we beg to assure; Your ICxcellcncy, that whenever it shall i)leaso Your Excel- lency to surround yourself Avith a Council truly representing all the great interests of the country, and enjoying the confidence of this House, you may rely, in the conduct of the administration, upon our '"cordial and elllcicnt suppport." When the division was called for only twenty-six members out of lifty-one were found to sustain Mr. Johnston, who had the whole patronage of the government to aid liim, with Lord Falkland's personal canvas, conducted in any thing but a fair or constitutional manner. It was impossible for Mr. Howe much longer to take amia- ble views of Lord Falkhmd's proceedings, for every day he gave some new provocation. When the fourteen days' de- bate was over, and the government was shown to be power- less, instead of submitting with a good grace to the necessity for an honorable compromise, Mr. Dodd was sent to the retired Councillors to ofler them their seats again, provided tliey would ^f s NKflOTIATIOXS, W.M?. 413 idcd lional ■c. wt! oroga- of the nee of (■ may • Nova id them oes not 1 of iul- eets the llie acts m so to \ AVf 1)0g all the House, corihal lenibers n, who liii, with ,nse ; and "a frank recognition of ilie (loveruor's riglu '' to select a mixed medley of men of all sides, holding no opinions in common, to sit in Ilis Executive Council.'" The pro[)osition was respectfully declined. A few days after Mr. Howe made, through a nuitual friend, an oll'er to waive all personal claims if Lord Falklaiul would J'orm a strong govern- ment and resume his right ])osi(ion. 'riie gentlennui found Ilis Lordship in a lowering rage, and reported to Mr. TIowc that he had declared that there should be I)etween theui "war to the knife." Who can wonder t!i;it when this pretty speech was repeated to Mr. ILavc iIk; revulsion of feeling should liave hcvn very painful. If " \o be wrotii with thosi^ we love doth work like madness in the l^rain," he had u reasonaljle excuse for at least that amount of divine rage called " virtuous indigna- tion." Dow'n to this moment, I would, said he, " hav(? burnt my house over my children's head to have served or to have saved Lord Falkland." It was Jiardly to be expected that this feeling should be cherished after Ilis Lordship's declaration of war. The war soon came. That evening an extract of a dispatch from the Colonial Secretary was i)ublished in The Gazette, in which the Governor was informed that he should be sustained in " resisting the pretensions of the retired Councillors." As they had prc^tended to nothing except to tiieir right to resign, it was evident that this dispatch could never have been written except ui)on some cx-partc or disingenuous representation of what had occiUTcd here. The papers were moved for and refused. A popvdar newspaper, hitherto neutral in politics, was pur- chased by the gift to the })ro{)vietor of the (Queen's printership, from which Mr. Thompson, an t)ld ])ersonal friend of Mr. Howe's, was removed. This paper became Lord Falkland's 35* I'' I I I A • i 1, \ ■ ii HI' I . .J, i\, I ii 11 f1 *t U 41t THK rUKSM. or«j;iili, 1111(1 tcciiicd uilli |)('r.s()ii;iliti('s and ahiisc. '\\> -.[M 1o llic irrilalidii, a inililary suri^'coii, who atlciulrd liOid h'alk- laiuTs fainily, took llic Held, and inidci* a i/oiii (ft l;iii rrr that i^oini hccanir t^cnrrally known, allackcd llic lihcral leaders, 'riie eoinilry was ilaily llooded willi delanialory iiiatli-r, and the liope was evidently indnli^M-d, that Mr. Howe and his friends would be broken dinvn, and thai Lord l"'alkland would ride roni^di-siiod over the (\)nstilnlion so recently won. 'There ^vas some dantjer (»!' il, and l\lr. Howe saw clearly that, to t Ihe i)ur(diaser of it in 1^ lo. In the s[)rini; of IS II, iMr. llowi", at the reiiuest of llu; j)arliamentary leaders of Ihe Iil)eral parlVi iind in compliance MJlh ihe i^-eneral senlimenl outside, consented lo assume tlu; conduct of that paper aij;ain, and of The iMorniiiiif Chronicle, which had been vecenlly established. An arranifement was made, by which, while I retained the proprietorship and general nianaeement ol' thos(» pai)ers, Mr. Howe was lel'l free \o make wjiat iisi> hr, pleased of llii'm in defenc(> of the popular cause, and as vehicles for the disstuninalion of liberal opinions. This arranii^emeiit was announced on the (itli of May, 1^1 I, and lasted till April, lS'j(),wii(Mi Mr. Howe moved into ihe coimtry. AVi" ol'ivn look back upon Ihis j)eriod ol nearly two yi-ars of intimale ])ersonid companionship and coilix'rative labor in a good caus(> with mingled feelinjifs of pleasure and salisfaeiion. We were b)gelher much of tho day and often far into Ihe niglu. \olhing could exceed the buoyant and cheirful spirit witli which Mr. Howe applied himself to i\\c task which he had assumed, of routing Lord Falkland, and his government, hors(\ fool, and artillery, at the next election. In the darkest hour he never despaired. He played through lal)ors nuilti- farious, and which, to ii person of dillerent temperament and training, would have been irksome. His arm-chair l)eeame the (HMitre and rallying point of ihe whole party. Om* oilice was rarely emj)ty ; his house, when at home, never. We have TIIH DDITOlilAIi CliMl!. 415 oflcii seen liiin diisli'm^ oil' iiii cdiloriiil, wliicli was lo sd llu> vlidlc I'roviiicc laiiLjIiiii^ or lliiiikiiii,', surroimdcd by a iiiol) of JViciids |)laMiiiiii^' f^oiiic niovciiiciil «)r i)rc|)ariiiL,' for some inccl- jiit(. We have known liiiii work \vli<-ii lie was wrary ; inspire others wilii ciieertnliiess, wlien liis heart was sjid ; and he thoiijuhl as hlth- of rouifh insii^dit into the workini^s of execu- tive machinery, and an intimate ac(|naintanee with the capacity and sentiments ol' Ihose to wh()m he was opposed. Whih' he had admired, in Lord I'^alkland, some line personal trails which lie undoubtedly poss(^ssed, he had looked keenly through him, and kncnv his foibles well. Ill his openin;^ address, l\k. llow(! thus alludes i(^ his reasons for retirini^ from the press in |sli, and for resmning editorial laborts in 1841 : — AVi: Idvc it, \vi' lovi' it, ami wlio ^Iiiill dan! 'I'o siiv lliaf. we lijve not lliis oM anu-cliair." Two years and a liiilfliave ])!V; tli;it liie cluuig*! iui;^Iit not suhservi; our worMly interests or iiu-rease oar happiin'ss ; l)iit still tlie step wa-i 1m( vital)le, ami we how(,'il to the necessities of oiii- |)osilioii. HciiiLC a iiieinl)ei- of the ailiniiiistr.'i- tion aad Speaker of llie House of Asseiiilily, it was iinpossil)le that, we, oonM eonliaae to eoiidiict a fcarli'ss and independent jiros,-. "\V(! eonld not animadvert njion the eondact of a single nienilier of the body oNcr w]i(}se d(dil)erations W(! presidetl, or of tiie other branch, with which i( was our oin- duty to assume the rcsponsihility of their acts; we coulil not complain of a jiul)- lic ollicer, Ihr tli(! rear the press to drag it aflcr us in the train of any administration, however W(dl intcntioned, or usclully and honorably employed. The press is the fourth estate; it -hould bo !r •IIG Tirn F.DiToiiiAL crrAiii. ,?iM. : '!!il:» :■) • ■! M the piililic rcn-tir not the .-crvilr ti rii:Iii, iiml wi-f. iiiid iii(\ ital)lt', wliiitfvcr r-oiiic of our iViiiids, \\li(t (lid not Ird as drrply ilic necessity tin- it. may have tlionulit at tliat time. Oiir own lionor, tlie siicet'ss of our iiriiiciples, the inlere-t-i of the |i!irty witli whicli he had heeonie i(h'iitifie(h r( luhTed it im|K»<>ihh' lin- n< to aliandon llie pahlic positions w(! had won, and wo lluTcfore alianiloned (he e(htorial cliaii'. tlie indepenih'nt dischaif^e of iho duties of whii'Ii was ineonipatihh' with the maintenance of tIio«e po-i- lions. We r<'tni'n to it now. not to //ratify any niorhid (as(e for notoriety ; not hecaiise onr interests arc servi'd therehy, for other oc.rnpalions losis onerous and more prolitahh' are open lictore us ; Itut as a soMier returns to his i»ost whicii lie may have left for a tune upouotherpressin;/ service, but wiiich he cannot, wilii a ihie rciard to th(! claimsaiidsafcly of other?', honorahly ahandon. Had a liiir anil jii-t compromise heen made hy tlic Licuti'nant (Jovernor (hnant/ any on(! of the dozen opporiniiities tliat Avere presented dm'inj/ the last .-ession, so sick were we of llie ceaselesd strife, liearlless in.-incei'ity, and barren rewards of ('olonial public life, tliat we would have checrliilly I'etired to more tran(|Mil pursuits, and abandone(l any claims that we might liave been sujiijosed to have either upon the country or the guvcrnment. J»ut what wo would have done cheerfully for the sake of peace Ave are not disposed to do upim coinjiul- sion. Those who, tolerated and protected by the liberal party l()r three years, havi; treacherously sou'j;ht to deprive them of their heritage, to damage character, to crush by fair means and foul, to monopolize power, and who have committed tlie egregious i'oolery of supposing tliat the party which taiiglit them Colonial politics, which whijjped them out of one anti(iiiatedal)surdity after another, would submit to leave the country in their hands, have connuitli d a strange l)hnider. They might have had peace; let them prepare foi' war. Tiu'y i-efuscd to share power u|)on hon- orable ti'rms ; let them havt' a care that il does not jiass out of their hands. They returned "the magnanimity " which they wenMVont to acknow- ledge with treachery and intrigue and defamation the most lijul; let them be assured that a day of reckoning is at hand. At least, let them bo assured of this, that we resume the editorial chair with very diilereut feelings from those with which it was al)andoncd, and with a full determi- nation to give to the country the beiielit of our experience of the real character of the jiigi.dery by which our pul>lic atfairs have become so disiHtrously involved. Thank Providence we are once more unfettered and free to call tilings by their right names, and exhibit men in their true characters, iiidep<'ndeiit of the trammels of honorary or ollicial station, and utterly regardless of tJiose considerations Avliieh weigh upon '11 TIIK MPITORIAL ( IIAII!. 117 CO. tho inc <»f (• lliVVC iidcnil uul wo . ol'llic (' posi- orit'ty ; rctiirn3 -crvU'O, ■' ollunv-', > by the ics ihiit •ciisolosri 11)110 11 Co, ills iuul v'o oithor ivo (loiio (•()iiH)ul- 'or tlirce nt:i;j;«', to (> JlOWl'l", that tho |)ut of one )iiiitry in iiivo had i|)i)ii hon- ir hiimls. ucknow- Ict thorn thoiu be (lilVorent (U'lonui- tho roal It'oomo so iiii'ottorcd 111 tholr )!• olliolul loigh upon the froo tli()iij.'Iil and inj»<'nuons oxpros«i(in In llic varinl plm-r-; ul' piiblio lllo tliroll^ih w liicli \\<' hiisc !;il(ly pii»-( il. Iliurit'oi'lh we can I'nMiiiiiiiic with our 0(iiMilryin<'n a-i \\v wen.' wonl to di* in liim- u\' nlil, and ni\i r ( lovcrnnp- or (•(tlioai.'iios wlial \vr iiai iinl tlniiK, am ')• "Wliiitovor niiiy liiivo been .-aoriliccil, ihU i> a ;j,riat, point uaiiuil, and dm tlint seoiu'os, in contrast with tlu' uppo-ito ^iilc niMcIi dl' imlivldMal liap- imu ■i<. l'"(ir tlircr \oars anij .< hall' onr individiialitv \va-< lot, and wo iioinotitncs donliird oin own idrntity; wi' were pari ol' a ninr--ii'in'_'i 1 in^lrniacMt. uhicli sonictnurs produced iiariaony and -oinciinic* discord, but in which ihcrc was mo dear riniiinL; Itnir mithci- niodilicd nor sub- dued. Uul now, like'flio lark, wo can rise on our own win;:, and pour forth our own >train~, rejoicin;: in a >on~e ol" tVcedom that wi' have not felt lor years. 'I'his, thank I'rovidenoe, is an atlvanla;^e that the editorial chair has over any of those in which we have .-at of late. While one .-its in it, however hard tho work, thev u'l' answer abl.« I or no iM.dy' -MIS or ibllios, or .short-ooniinir-, but theii- own ; in diiiinty it maybe somewhat less elevated, but it is .-eeoud to none in the ran'j;e of n-e|ulne-- which lied aronnd U, a nd in real -ub-tantial power; nui powei' to di-]ien-e or m hioiice petty pati'onau'o, which brings luit little gratitm ami nincii I ros[)onsil)iliiy ; not power to strut almnt as one of a do/en, wlio an; estl- niali'd I»y the positions they ai'e in rather than for the virtues that adorn them, but power over inon's intellect and their all'eciion- ; jtower to influenoe the daily thought, to touch the hearl-. to enter the dwelling- of tens of thousands like an old familiar iVIeiid, and inl'oi'm. e\ci guide them; power, not withuiu lis hgitimate checks liir. abused, it ceases lobe [)owor. Hardly had we taken our seat upon our oil! ac(iuaintanoo, when we lauoied that ten thou.-and lies wdiich forniorly linked onr name; anil daily labors with the household tlionghts and lirosido amusements of our coinUrymen, a\e, and countrywomen, were rcNUi'd as if by magic. AVo stepped across ilieir thresholds, niiugled in their ', am when social tarcles, wont with them to the woods lo onllvon t leu' lahors, or to the field to shed a salutary Inlluence over had the vanity to Ixdievo that wo won their niiddav meal. And wo Id b everyv.here a w(dconio guest; that the [looplo woidd say, '""Why, Ikm-o Is Howe amongst us again; not IMr. Speaker ]b)we, nor the lion. ^Ir. Ilowe, but .loe Howe, as 1 10 u>ct 1 tol )e sitting in Ins ediiona I r\ lair, and talkiiiLT to ii dioiit jwlities, and trade, and agriculture; about our own country and other countries ; making us laugh a good deal, but think a good di-al more even while avo wore laughing." Such is the roeeption W(! anticipate, homely but hearty; and wo can assure our countrymen that we iall back among them, conseious that there is no name by which we have : i\ f\ "ii M 418 THE EDITORIAL CHAIR. been known (if l;it(,' yonrs ;im(tii,<,f the dij^nitarics oi'tlic laiid llial we prize so Iiiglily as lla; old i'aniiliar altrcviatioii ; and no liidd of lalxjr more lionoraljlc tlian that wliicli we rornicrly cultivated willi so lacirc a .--liaru ol' aitprolialion, and npon wliicii we arc onteriiiL;- a.^ain. '• Wclcomr," says Cliarlcs J^anil) to Ins desk ; •• Wtdcunic tiion dead ^\•ood l»y wiiieli I live." And we say "Welcome tlion nid ciiair. in wliieli, and liy wiiicii we, lived in oonilbrt and indeiiendence loi- years, caring i()r no lordlin^'s smile oi* I'rown. and conseiou< tiiat oio' daily lii'ead was not eaten on the trail tenure of any man's caprice ; hut dependent n[)on our daily labor and the bounty of that good I'rovidence in which we had been taught religiously to trust. Welcome also, all those familiar ol)jects and sights and sounds, in tlui midst of which wo jiassed oui- merry boy- liood ; >urrounded by which ou)' powers ripened and oui' early triumphs were enjoyed. We fancy that the press feels a thrill of aiumation per- vading its iron ribs; that the tyi)cs are dancing in the easi's, in anticipa- tit)n of the cheerful and i'ree thoughts, of which they ai"e to have, as our iViend Doyle said of the Cabinet, '• the merits of the midwifery." "We ex])ect no speedy change, no sudden triunnih. The present state of things will probably have to get worse before it is much belter. From the present House, or rather from the small majority who sujiport the pres- ent government, v,-e expect nothing; we fearlessly rely upon the intelli- gence and iirmness of the peo[)le, and we look forward to the next elec- tion, when the constituency, iioving the two sets of men, and their acts and principles tiurly before tluMU, will decid(3 whicli of them is to enjoy their confidence, and guide the administi-alion of their alfairs. Until that decision is fairly pronounced it is probable that we shall oceujiy the editorial chair, and give to oiu- friends, to whose generous and s[)iritcd exertions we have been a thousand times indebted, the benefit of our labors in that dejKirtment, where they seem to think we can bo of the most essential servii ■■. To rouse, to inform, to organize the two hundred thousand peo[)le who compose the liberal party ; to put them in a posi- tion to rebuke the sneers of tory attornies ; to restrain the arbitrary exercise of the prerogative ; to make their voices heard, not only in the Legislative halls, but also in the Councils of their country, with a weight andaulhorlty that cannot be misunderstood ; this shall be our task for a time at lea.-t ; and we eiuer upon it with a cheerfulness of spirit, which is th(,' best presage of success. Those who glance over the files for 1844 and 1845, will fnid in them every vhere traces of tlio activity and fecundity of a vigorous mind, resolutely directed to one object. Mr. Howe's w ip m 'U f-i[ 'if LORD FALKLAND S POSITION. 419 ■(' pnzo !• moi'C !i .-liuro oil (lead II wh'u'li) -, curing •cud was ciil upon I wc had ir objects ^M-ry boy- Iriuinidis itiou l»i^'> unlicipa- vc, as ouv , >i >'• .'sent state L'l'. Froni .•t the pves- hc inlcUi- next eloc- l tlieii- acts to enjoy ;. Until jcciipy tlio L(l spirited Iclit of ouv be of the hundred 1 in a posi- urbilvary only in the h a weight |r task for a )iril, Avhieh will find lidity of a [r. Howe's pen, over playful and energetic, was wielded with great eflect, and the organized l)and of scribblers that the (iovernor had gatjiered round him, soon ])egan to discover that they were to have no ehihTs i)lay. He ))elted them with jjrose one day and with i)oetry tiie next, so that lh(>y were ])nzzled to tleeide whether he had studied Junius to most advantage or Hanbury Williams. The government had gathered no streugih during the session, and, in humble imitation of Lord ^Nletealfs fragmentary admin- Lstration in Canada, the vacant seats in Council had not been filled up. A Civil List Bill, brought down by the government, had been mutilated, and votes which were tantamount to a want of conlidence, were only staved oifby amendmiMits which were absurd, or by the admission of the right to resign, by formal resolution. We copy an article, in which Lord Falkland's position, "before and after" his quarrel with the liberals, is con- trasted : — It is impossible to glance, even lor a moment, at oui- Provincial politics, without contrasting the position in which Lord Falkland .-lands at the present moment, with tlie high ground which he occn[)ie he was, must be suppo.-ed to be), of the administration ot' Colonial alliiirs. The liberals had at that time a decided majority in I'arliament ; their leaders are said, by their opponents, to have had the chief influence in his Council for the first three years of his admuiistration. Assuming iSi n « .1 il i I " t ^ll ' il m !t I 't ■f> h ; «.' , tM I f I ^'5 \ I h'! 420 LOIil) FALKLAND S rOSlTIOW tliiit this is true, uillioiit !i-.-frtiiii:' il as a tact, Id lis imiiiirc liow this ixjwcr was asfd, how thai iulhiciicc iircscrvcd and >tr(ii;;llii'ii('d tho lircro^alivf, and liow lar His KxctdlL'iii'y's |i('i'S(;aal diLniiiy and inde- pendence were maintaineih His Lord-hip ])rol'essed to l)e a liberal in ])olities, as they \wi\' praetically devtdoped lieiiealh his eve; \n; also l)rotessed to he a Irne believer in tiie appliealiility of the principles of Kxecnli\e rc>i)onsiIiility to Colonial gov«.'nuiient. AVhatever may since liuve occiiri'cd to liias his mind, or to (dian^e his views, we hcdieve that Ills reliance nnon the inliniie superiority oi" the new system over the old, ■was almost as ^reat and enllni>iasti(; as our own. His government, though nominally a coalition, was a liberal one ; the general principles being those of resp(iu>ible government, as recognized in the North American Colonies; and the ride of patronage being, to bestow all oHict.'s tailing vacant (former ocmipants ikjI being disturbed) upon those Avho either did. or apjii'ared to, cordially support the government; nearly all being given upon the a there is a nest of Tories, most of them holding office obluineil under the old regime. These jieople, taking their key note from their padxtns in the capital, often presented a front of indifU'renc<' and contiinpf, when His Excellency [)as,scd through tlieir counties. How did the libei-als meet these petty machinations? I>y enthusiastic and simullaneous gatherings of the independent yeomanry, whom these elicpu's could not inlhiencc, and by demonstrations, hearty, decisive, and gratifying. Lord Falkland pas-ed, in 18-12 and 181.3, like a con([ueror over tli(.' country ; not be- cause he was a Lord, or a Governor, but because the people of Nova Scotia are attached to liberal principles, and enamoured of fair jday, and because they fanci(Ml they saw in their sovereign's representative, the embodied spirit of that Constitution for wdiich they had contended, and w'ill ev(}r highly i)rize. Thus, for lliree years, was the prei'ogativc guarded, and th(.' Gover- nor's personal comfort and dignity maintained by the liberals; the oc- casional divisions in their own ranks, and the miserable blunders of some with whom lluy were associated, to the contrary notwithslamling. lie did no wrong in the eyes of his sovereign, for his -overeign approved of all he did ; and, conscious that, as far as possible, the British principle should be maintained, and that, if not incapable of wrong-doing towards the people under his government, no wrong should be charged upon him here. All good and gracious acts were attributed to His Lordshij), and the responsibility of all doubtful ones was iissmned by somebody else. Thus stood Lord Falkland, from 1810 down to 181o, intrenched ■witlnn the natural defences of the Constitution ; the prerogative, not 36 1,1 1 I 1.1 ' i, I t i ; ■:t ■ 1 1, ' 'l: 10 loo 1 w w LOUD TALKLAND ri POSITION. Uv\i> ; 'iiij like an Irisliiiiaii's sliilli'Iali al a ('air, sliakiiii^ (.'very live miiuiti's in fvcry- l)0(lyV llu'c, Inil like llic cli'cliic fluid in iIk^ cIdihI, reserved lin" fzrcat occusIkiis, and likisting wlicrc it iMk Wiio, dnrinL;; liiis period, vwv heard ol' Ilis Lord.^liip lieint;- ennatred in a ne\vs|>a]ier eonlrdversy ? AVlien was he reihieed to th.e neeessily ol' eourlin^^- tho.-e uho had in- snhed him? ol' soheilinjj; SMpport to his ,i:;overnnienl as a personal favor? of tlireatenini:; dissolmions heneath his own root'? ol' keeping ini[)or(ant olUcfs vaeant Tor nionliis, not daring to 1111 tiieni n[)? "Who ever lieaid of his wailing a fortnight for an answer lo his speech? of his having iiis salary redueeil, and tlu' iiaynient of his arri'ars postponed? Who then saw voles of want of eonlldenee in the yoveriunent slaved till" hy a voU; of eonfulenee in the (lovernor? ]Iad there been, during any portion of (his period, any power in iIk; Colony — any eomhhialion of able men — to reduce Her ^Majesty's ir[»resenla(ive lo liiis exireniily, ihe. liberals would not have remained at Lord Falkland's conneil board one hour. They woidd have risen, and said: '• IMay it please Your Mxei'Ih'uey, — IL is evident that our j)i'esenee here is dislasleful lo a majority of the people ; and ihough we may, by indecent threats ami a degrading use of Your Kxcellency'rf pei'sonal inliiience, drag you ihrougli a session, putting asidu a formal vole by a majority of one or two, it is ({uile evi- dent (Iiat we have not the jiower to carry out ihe policy o[)eidy avowed by Y'onr Excellency ; lo fill ni» vacancies in such a way as lo slrengthoi your governnienl ; to carry a single unuuililaled measure; or even lo seeure lo you the salary solemnly pledged to you by the (Jueen. TJjider these circumstances, lo remain beside you, would be to weaken the i)re- rogalive; lo allracl,by our nnpop\darily, ojiposition lo your government; to lessen the undivided res[)ect which Ihe peojde should I'cel I'or iheir sovereign's represeulative ; and therefore it is our duty to retire, that Y'our Lordship may construct a more ellicieut and popular administra- tion." This would have been the language of the liberals, under such circumstances ; and no pressure oi' religious or political adherents with- out ; no motives of personal ambition ; no threats or solicitations i'rom llis Kxcelleiicy himself, would have induced them to retain seats in the Council, when they no longer i)0sscssed ihc power lo u[)hold the dignity of the crown, and carry on efReienlly the business of the country. When the glory of lohabod's house had departed, he would have de- parted with it. IMI In May, " The Lord of the Bedchamber," destined to become a classic portion of political literature, appeared. Tn July, a new negotiation was opened, and letters were written to five or 1 m 1 KXTHA RKSSIOX. 423 ill fvcry- loi- >:rcat riod, t-vcr itnivtTsy? 10 li:ul iii- iiiil liivor? important ■ vri- lioartl liaviiig lii.s ^Vho Ihou ' by ti vote [lovlion ot* lili; uu'ii — [li(>. lihcruls I ()!U' lioiir. L-rllc'iicy, — arity of tlio j;r:i(liiig use 1 :i session, is (^nilc cvi- nly avowed ) slreiigtlieu ur even to en. ITiulcr ;en llie pie- rovernnient ; ■I lor their retire, that administra- , miller sueli lerents witli- tatioiis I'ruui aiu seats in I ni)liolil llie the eountry. Id liave de- to become Til July, a n to five or \ six of ^Tr. ITowc's (Viciids, olleriiii,^ lliciii seals in Council upon no other condition tliiin thai, Ihcy shouM consent U) coiikmii and h'avc him oul. Had this absurd allrmpi, succeeded, Jh(! nniiil)rr i>\' the J'iXcculiv;' ('(Muicil woidd havi^ been intrrased h) twelve. At, a niet'tini; of tlic opposition, *• .Mr. lJniasl()ralion of the three oHiees which iIk'V Ik'M in December. \f Inose terms w, imperl'cci and ineoiii[)lele ; aiul, ulicreas. an iin[)oilaiit legal ofilce lias been vacant for six moiitlis, to the great detrimcni of the pub- lic service; therefore, Jiraolrcd, Tiiat the peoi)le of Nova Seolia arc entitled to have a full Council, res[)onsible to this Asseinbly,siirroinidiiig the (^iieeifs repi'es<'n- tative, that he may have the beiielit of their advice in the exercise of the Ivoyal I'rerogalive ; and, this House deem it their fluty to declare, that tlic Council, as at [)resent constituted, does not enjoy the eonlldeiiee of this Assembly. The govermnent met tli(^ motion by a prorogation. Immediately after, Jjord I'alkland went into the interior, thinking, Ijy his [ji'rsoiial prcsonc(3 in the; riu'al district.-., to strcnglheu ^.he hands of his advisers. lie was mistaken every- where; in some of tli(> counties deeply mortilied. At Pictou he was received with cold courtesy. There were " no Hags Hying, no cannon roaring, no clieerii;g, no ciirriages accompanying him, no lin(> from the wharf." In the West, things looked (!vcn worse. Oil his visiting King's county eight hundred I'rtM'hold- ■1' ' ;''.' ' ! 1;, i ■ il I il l;:tl 'ii.-. i 'I. m m uim m •V.\li ,i;v'i' 424 KINGS COUNTY. crt), with the High Slienirat their head, presented the following address : — TO HIS KXCKLLEXCY THE UIGIIT IIOXOIJABLE LUCIUS IJKNTICK, VISCOUNT FALKLAND. Knhjld Gnijid Cross of f/if Gifclphic On/o; niid Mcniher of ILr Majcs- iijs ynnst lloiwrnhh' Pru'H Council^ LicKtciinnt Guvcrnnr and Com- i)i(niilcr-ln-( 'liirf in (ind orcr Ihr Jfcjcsfi/'s Province of JS'ord Scotia, and its Dependencies, SfC. S)-c. S)-c. "We, ILt JNIajosty's dutiful and loyal subjects, the undersigned magis- trates and yeomanry of the county of Kings, beg to welcome Your Ex- cellency once moi'e to the '' Garden of Nova Scotia," and to express our unfeigned pleasure at beholding among us your amiable and accomplished lady. We have, on I'urnier occasions, while expressing respect lor the Queen's rc[)resentalive, been hap[)y that we could also ajiprovc of the policy of his administration; but now we feel it to be a duty, i)aramount to all others, to assure Your Excellency that we have viewed with sor- row and deep regret the course pursued during the past eight months, by which Your Excellency's administration has been weakened, party spirit promoted, and the real friends of British institutions, and of a liberal and enlightened policy, thrown into opposition. While we deplore tliese events, we would respectfully and earnestly pray x'our Excellency to listen to the counsels of those who are truly and sincerely interested in the peace and prosperity of the country, and who have earned our conlidence and gratitude by an arduous and elfect- ual struggle in defence of our dearest rights, and especially for being instrumental in introducing and securing to us those Constitutional [irivi- leges recently conceded to us by the parent state, and now universally I'ecognized as the only true basis of Colonial government. Should this independent expression of our opinion tend to convince ITour Excellency of ihe real state of feeling in the rural districts, we shall rejoice to see Y'our Excellency, ere long, again surrounded by those who i-eally possess the confidence of the great mass of the people. Kings' County, August 10, ISil. In tlie county of Hants tlio people spoke out with equal plainness. The following address, signed with one thousand and sixty names, was presented at Windsor : — COUNTY or HANTS. 425 :ll lowiui^ .BLE r Mnjes- nd C")n- a Scotiit, i'our Ex- press our juiplislicd t for the )vc of the )tiriimount with sor- nonths, by larly si)U'it ibcriil and earnestly are truly imtry, and lud ell'ect- br behig onal privi- miversally o convince ;ti-icts, we landed by .he people. iih equal Ihousaud TO HIS EXCELLENCY THE RIGHT ITONOPvABLE LUCIUS BENTICK, VISCOUNT FALKLAND, Kiufjld Grand Cross of the Guclplilv Order, and Jllcmhcr of IRr Mojrs- fi/s Most Ifonorahle Prirtj Comiril, Lleiitj ikihI Gorcnior oii/f ('mn- 7)iaiidcr-in-C/ii('f in and over Ihr Mnjcstifs Province of Aova iScotia and its Dependencies, S)-c. Sfc, S)-c. IMay it Plkasi-, Youh Exckllkxcy, — ^Vc, Her Majesty's dutiful and loyal subjects, the freelioUlers and inhabitants of Hants county, who have, for m:niy years, deemed the most enthusiastic loyalty to comport with steady adliercnce to British Constitutional princii)les, beg leave to approach Your Excellency, and welcome you to "Windsor. We have viewed with de(>p interest the events of tlic last four years ; we have coiiperated Avith Your ICxcellency in working out a system which is calculated to bind this Colony to the parent Stat : for an indefi- nite period of time. "Wo have hailed with delight and confidence the sentiments expressed by Sir Ivobert Peel, and Lord Stanley, in the re- cent debate in Parliament — sentiments which, if acted upon in good faith, are calculated to foster, on this side of the Atlantic, feelings which shall rear " a wall of fire" around the prei-ogatives of the crown, and se- cure for ages the unity of the British em[)ire. But we feel it our duty, at the present time, to state, in all sincerity, to Your Lordship, that this country can never be peaceful, contented, or happy, while those who have been the subtle and intriguing enemies of responsible government, and popular rights, exclusively surround Your Excellency; and those who liave been, for years, recognized as the leaders and guides of this peojde, are opposed to your administration. We pray Your Excellency to pause, — to remember that we would gladly see you return to meet your sovereign triumphant and successful, while many who surround you are inveterate enemies of the system which we will maintain to our latest hour, and which you can onlv gather laurels by administering in all its integrity. We respectfully intbrm Your Excellency that our representatives have deceived both you and us, and we pray that Your Excellency will, by an early dissolution, give us an opportunity of showing our attachment to those, wdio, though ex- cluded from your Councils, and apparently from your confidence, possess our unbounded attachment and esteem. A pmall party in Truro having made an attempt to misrep- resent the opinions of the people of Colchester, a deputation 3G* . ■ Jl ; I i: , ; :,« : I 'i '■' 'fi»' 'i ^ ■' w "H •'if ' wm ff ('-.'i.,;; •ilJi' ill :: r 42G COUNTY or COLCHESTER. was snit forward who presented this address to Lord Falkland in the capital, signed by on6 thousand five hundred jjcople : — TO IITS EXCELLENCY THE RIGHT IIONOKALLE LUCIUS 15ENTICK, VISCOUNT FALKLAND, Kniyht Grand Cross of the Gaclphlc Order, and Member of Her Majes- ty's most Ilonorahle Prlry Cunncil, Lieutenant Governor and Com- mander-in-Chuf hi and orer Her Miijesti/s Province of Kvva Scotia and its Dependencies, S)-c. ^-c. ^-c. IMay it Please Youn Excellency, — TVc, Her IMajosiy's diitlfiil and loyal siiltjccts, mngistnUcs iuul ycoiniinry of the county of Cololiestor, deem it of the utmost iraj)ortance that, in the present position of aHaii'.'s, Your ICxcellciicy should be accurately informed of the state of public oiiinion in the rural districts. We have viewed with much concern the attempt made to construe the congratulatory address, presented to Your Excellency during your I'ccent visit to Colchester, into an approval of the policy of your government, and we are apprehensive that should Your Lordship take that view of it, you may be led into error. While wo owe to Your Excellency the respect duo to Ilcr Majesty's representative, and would gladly bear testimony to your high personal character, we regard it as a duty which Ave owe to our sovereign, to Your Excellency, and to the Province, to state firmly but respectfully, that the policy of the administration for many months has been, in the deliberate judgment of a large majority of the constituency of this county, injuri- ous to the best intex'csts of Nova Scotia. "We therefore pray Your Excellency either to surround yourself with those who enjoy the eonlidence of the country, or, if any doubt exists, to give the people, by an early dissolution, the opportunity of expressing in the usual constitutional manner, the sentiments which we believe are almost universally entertained. This deputation was entertained by the Halifax liberals at Masons' Hall, and new spirit w*as infused into the friends of responsible government in the capital, by finding how well the questions at issue were understood in the interior. Lord Falkland's answers to these addresses were poor aflairs. In phraseology involved, pompous, and inelegant ; grossly inac- curate in statement, and displaying no conmiand of temper. LORD Stanley's speech. 427 kkuul Ic : — iLE Majes- d Com- I Scodu \ ilutiful Icluvtor, f ulVuirs, )t' public struc the ur recfiit eminent, t view of Majesty's personal , to Your , that the Icliberatc ty, injuri- irsclf with .ibt exists, xprossing )clieve are bcrak at donds of r well the or aflaivs. s ii M|=-^^''1 • . i u ,1 !; ;i "i 1.;.; ,1 i ill li III m^m If t'^t 1 1 f'!;^' 428 DINNEH TN rrMDERLANO. on hor?f(>l)a(k, nddrcss ihrro mrctinj^s in a day, and allciid a pub- lic dinner, or a (•(•inilry ball or i)arty in ilic cvrnini?, were iliPii fi'ats of such couiMiou occurrence, that his friends thoui^dit little of them. JJeforc the year ended, it was apparent to every keen observer that the f^'overiinieiit had lost all hold on the conlidenc(! and allections of the j)(>ople. That Lord Falkl-and mii^dit still flounder on with his majority of one or two, was possible, l)ut that he uuist either cpiit the country, or take the liberals back into the Council with their '' pretensions" considerably enlarged, he could scarcely disguise from himself. Jjiit few of the spei'ches delivered by I\Ir. Ilowe in those rural excursions were ever reported or written out. lie always spoke extemi)oraneously, and what he said was rarely preserved in any connected form ; but his biu'iiing words stirred the hearts and sunk into the memories of thousands, and were repeated by the yc^omanry at their iiresides, iu their iields, and in their workshops. We give a few specimens of tliese oil-hand ad- dresses. His health having been drank at a ])ublic dinner, given to him ])y the peo[)le of Cumberland, he thus expressed him- self : — ]Mr. Cliairman, — I shoulil iiidei'd bo ovcrpowcrcil with the Avclcnme I liavc r(>cciv('(l in this noljlc county, uml by tlio spontaneous expressions of I'ecling ealletl forlli by tlic (oast mid sculiments jnsl iriven from tlie Chair, if I was cpiitc certain tliat the majorities wlio have sustained me, and the i^cntleinen wlio jri'ace this festive seene, really knew what tliey were about ; if I wa> entirely satisliiMJ tliat tlien^ was not some strange delusion — some grave mistake. There was a time wIk.mi the yeomanry of Nova Sculia li;id some credit lor .-hrewd eonunon sense : for consistent adherenci.' to political iirineiples ; for sagacious reliective familiarity with their own allali's. But all liiis it ap[)ears ha-^ passed away. A few Aveeks ago eiglit liimdred of the gentry and fai'uu'rs of King's county, roused by a lbt)lisli attempt to misrejjresent their opinions, rose in their majesty and respecti'idly intbrmed the Lieutenant (lovernor that he was misled by evil advisers, and that they disai)proved of the policy of his government. His Kxeelleney regretted that they were so ignorant of his benevolent intentions; that they did not nnderstand his policy; that they had been misguided and deceived. A week after lii> own ex[)lana- tion of his views and feelings had been laid belbre the country, one PINNER IN ClJMnEnLAND. 420 I a pnb- rht littlo •ry keen ii1i(Umu'(' \'s comity, ro-t.' in their that he \v;w )oliey of his ignorant of polioy; that wn cxithma- •uuntry, one tliou^antl nml sovonty of thr yi.^onianry of Ilant- connty ranic fiiruanl to tell him ihat il \va> not satisfactoi'y ; thai the o[iiMions of the rnral districts hail rca«'hetl him througli pcrvcrled mnlia, and that they could have no conlidciUM; in his admini.-tralion wliii-t it wa-; comiio-cd of the intriguing enemies of r<'s|ionsiIdc government. Insteail of receiving this rcspectfnl aihnonition with tiie courtesy wliich llie wi'ighl. munlx'i's, and g(»od inleutionsof the parlies cliallenged, His Kxcelleucy was ailvi.-ed to say that thi^ signature- iiad heen -inTeplitiou-ly ohtaiued ; that llie peo- jde did not know whal tliey were .-igning ; that >ome of (hem thought it ■was a complimentary address, and others tiial it was a peliliou ahout a sclioolhouse. Again, when lifteen hundred of the yeomen of Colchester, with twenty-tlu'co magistrates at their heail, prerfeuted their hiuulile hut constitutional remou.-l ranee, what was the rei)ly ? That Hi- Mxceljeuey Lad h •en n\isrepn ■scnied in the '"remote" districts of the I'rov nice that the press had f'eceived them; that they were under a delu.-ion and did not know what iliey weri; ahout. Having it on such high anthoriiy (hat the jieo[)le of Hants, and Kings, and Colchester, are .-o ignorant, iU'O such dunderhead-, how can I disuii-s fi'om my miml llie su-[iieioii that ire " remote " i'rom the great centre of intelliu'ence and civilization, i\n\ under the same delusion; the people of Cumhcrlanil, who are still mi that you who siiri'ound this hoai'd, all intelligent and euergi.'tic as you appear are overclouded with error, and requin; to he "lectured" by the Governor. But, sir, if yon are quite certain that there is no mistake, that this Is really not a meeting to build a sclioolhouse or assess the township, let me return my sincere thanks for the high honor you have done me this night, and for the ardent and enlliu-iastie welcome everywhere ri'ceived. It has been said that prophets receive no honor in their own coimiry, but I am hapiiy that the rule does not alwaj's apply to politicians ; for. lieyond the boundaries of my own country I have no ho[)es, and no amliition, and the applause of all the world beside would be to me as nothing if the approbation and affectionate attachment an stiiili' of my fiovf.Tt'ijrn, I have striven to (li'-(i\ r it, Iiy drvolid sonico uliilc in oiricc ; nnil, wliilr in o|i|)fi-iiti()n, Iiy conslitntioniil nttcinpt-i to ih-p-civc liir piv;- rn^^•ltivl! initarni-linl. liy rcmlcrin;^ its IK'u exorcijc coniiKiliiilc with tliu st'fiirity anil lia|)|(ini',-.> of licr people. IJut, sir, we have had enouL'h of polities ilurin.-i; liie la-1 few days, and I woidd ;,dadly I'-cape I'roni their hea\y atnio>p!iere to hnalhe the pnnr air, and aiiandon niy-eli' t(» llie hi.i^hei- exhihiralioii of lliis festive ami deii^rlillii! scene. Tlioie^ii [\\v intelli,uene(( and piT-onal independence of Ko\a ScDiians may he nndervahieil in high places, I see hefoi'e me and iiroinul nie many who fitly I'epre-ent those foi" whcjin I have toiled, and whose conddenee 1 hope ever to deserve. Ill this comily, as (dsewhere, I perceive that the 'I'ory parly are ehielly made iiiioi' a lew of the very rich, operating:; upon the fears, or the intere-is, or the i<;iiorancc of (ho poor. The liheral party here, as el-ewhere, emhraees the sli.rdy inde- pendence and a.iriMciiIlnral wealth of the (.'oiintry. It is often said hy our oi)puiieiits that they own Xo\ a Scotia, and that the liherals are almost intruders upon the >oil, and unlit to iiilcM'fere in pnhlie allairs. Ihil is this nrroirant hoa-t founded in fact ? In tli(! whole island of C'apc Brcton .soarccly one linndr(>d Tories can bo found, and those ehielly clus- ter around the viilaL'i'--'. and live hy th(> professions or the oflii'es \vhicli the people are (axed (o support. Who cultivat'l ll( llfc tii" . UK' ;ii>il ilctl. mill scwlit'iv, tlio very (•(> of the idy iiulc- liil l)y our IT illlllO-t 4. r>iit H of (':il)C lii'lly cliis- ictM wli'u'li \o. i^oil of who curry and who that his H'ollgh wc hcrnl, und 'ore, have use of hi3 ncy, which cr(! urc not y of those tlie mo-t :)wncr.'^ and uc in Col- iind llant:?, ,.,T3— the )eral scnti- ty of them. Aristocracy and She! hiirms where hiil one Tory ha-> hccn alilc to lind a seal ; and y> I, mi iI fi ice o f tl IC.-C a'Knowli'd'jrd facts we are told that the lilni'al- ha\i' i 10 lO staki' in No\a Scolia, and llial llu' prr|iondirani'i' of wcalih, moral I'lid- in^', an d inti'lli":rnee, arc on llic oilier -idi W ly. rsm ni ihc ('a|)ila!, at i> the ti'iic .-tale ol the ea«c with all their hoa^led re-onree The 'I'ories have Miini' very wiallhy men. a ;uood many that ha\(! aecu- nndaled property, l)nt what then? "Wliliin the la-l twi'nty years, .-lowly and ^leadily, indn-trions and intelli;j;eii| men, prol'e-dii;^ llln ral opinions, hase rai-ed tliini-elves |o iiidependenee and many of llnni lo allliienee. The Tories have in; oar-, is .-pn ad o\er the mass, and is scarcely le,-s in amonnt than theirs; while in prodnclivo jiower, in f^eneral industry ami i'ru^allly, we po-.-e-s elenieiil^ which, in tl very short time w ill make all IIk^ hoa-ted hoards of the '1 oriis i^u-u the heani. Can the "(tvermnenl of this connlrv 'sn on. and a liudy lik this he exelnded from all inlliience w lun they own tin' ( r-loni lli> of the territory and i»ay three-lltiirtlis of tin; taxes? It may. for a lime, hiiL trust me, tho|)hv teach 4'"}' inc. Dv cxamjiles the les.sons .'t twelve months miist be a warning to Colonial Govornors iind politicians in all time to come. Let us run over the prominent points upon which the parties liave, during that time, been brought into eonllict. AV'ill any Coloniid Governor hereafter dissolve a friendly House, with ■■/ ■' 432 DINNER IN CUMBERLAND. -■»!■ ;i;., J ill i'l' SiX \'l'>t,- n nijijorityof forly (o ('i^lit.olilainrd \villi<>ii( .■my sMcrKicf of his personal (li.LIiiily. t(i secure Miiotlier. in wliieli lie eau scarcely <:;et liis addnvs ail- swtM'ed, alter a f'orliii^dil's deliate, Iiy a majority ol' one? Trust ine, tliis great stroke ol" policy will never he repeated. 'J'hink yon that a strani^er to lej^nslaliun and to jjuhlie life, will over again he ele\ate(l to hoth Coimcils, over the heads of all the prominent men in the Le^islatin-e, who have heeii re turned hy constituencies, and established claims to regard hy (heir patriotism and experience? Think you that such an appointment will ever he Justified hy th(> flimsy excuse, that the recii)ient of the Jionor is another man's ndation? "Will any (Jovernor of Nova Scotia, in all timc^ to conns ever he ad- vis(>d ti» h'cliM'e three jreiitlemeu in the ni'wspa|)ers, who retire from liis Council, an cpiesdon; i( is already decided. The liberals will liavc party goverumen(, or ample jus(ice; and (he Tories can form no o(her. Lord Falklantl has done moi-e (o advance the dev(dopmen( of this prin- ciple, by his impolitic attemjtt (o re(ard i(, (ban all (he agi(a(ors in Nova Sco(ia could have done in (en (iines (he number of years. Our right to this possession has been es(abli.-hed by (lie a((empt of the stewards to destroy onr tide deeds. r)Ut (he crowning absui'dity of the whol(>, is (lia( designed for my es- pecial benelll. The sovereign in I'.ngland dai'e not point (o an English- man, and declare (ha( (hat man shall not be ele\a(ed (o (he eabine(. If advised to commi( so flagrant a violation of privale righ(s, ami of (ho Constitution, all Kngland would ri-e cii iiinssr and bear (he individual thus assailed into the govi'iMuneiit, with a triinnphanl majority (o snstain liim. Lord h'alkland has done (lia( which (he Constitution gives him no right to do; which (he free spirit of this country will resist ; which no one of his supporters can justify befon; the coiis(i(ueiicies he represents, when (he cou>e(pienees involved in (his iiii-Lugli>h [)roserip(ion come to be clearly explained. And clearly e\j)lained (hey shall be. This is not a fjuestion belwoen His Lordship and mc ; it is one to be setdcd li'M nrNNKIl IN rUMltKIlLAM). 433 Ircss an- mv, this vill ever romiiicnt iCH's. aiitl ' TliiiiU y excuse, fVoin liirt 1, because isurdity is to enable ;• violation (1 Stanley ivernniont. Iiis ]>ortion ry (liscuri- luccd, litis will liavc I no other, this prin- i-s in Nova, II r ri^'ht to lewanls to or my es- 1 Kn^'lish- ibinet. If ami of the ii\(livi(hial to sustain v(>s him no which no represents, m eonie to . This is ) be selllctl between (hose who saiielion il and the pe()])|e ol' Xova Scoda; and I will lake care tliat its bearinj^s are iniderslood in e\ery town and village in tlie l*ro\in(;e, iMtr niyscdl", I eai'e no! ; biil I will re-isl lliis inva-ion ol' th(! rii^hls of Nova, Seotians willi all the lillle eneriiy and ability which (iod lias i^nven nie. I may be .-niillen down, hut a moral and an e.\- amph' shall spring out of the condici which will I'nrevei' settle the (|ues- lion. ir I can lie pro^criiied to-day, for delendimf mystdl'aiid my liicnds in the newspapi'rs, anollier Nova Scotian may be i-ejected to-morrow because the (loveriior likes not the color ol' lii> hair. If unju>t accu-a- lion, unjustilial)le abii^e, and idliniate proscription, ar<' to I'ollow lliosi! who retii'e I'rom a (iovernor",- Council, becan-i' they camiot di'i'end his policy, who will retire? Who will run the hazard':' No other man in our day, and responsibh; government will be a cheal and a delation. Kvery Nova Scotian will hold his public po-ilion, not by honoralde, service to his country; not liy the trea-ured e.\p(M'ienc(; of a usciiil life; not by pul)lic conlidence, and the '-well umhastood wi.-hes ol' the. peoj)le," — but by the frail lemn'c of a >InLde, .-lrat._;er'> caprice, or the uidjridled im|»ul>es of any (lovei'uoi-, who doi'^ not under.-land, or has the enterj)rise to violate, iIk; plainest primaple.-. of the I'lrilish Constitution. I may lie stiiick down by this boll lo-iiay, but if so, who shall <^uard HuiiliiiLrlon, oi' I'niacke, or Yoinii.', to-morrow' ? William the l'\)nrth etiuld forj^et the withei'in>4 sarcasm of IJroULiiiani, ami till! fact is remembered (o his honor. I^oivl Falkland may not hirget the bold self-defence of a man, whos(! I'e o'er my licnil, I ,tle, tiuis furnished and endowed. m [)y scarcely possess enough of intellect to li)ld slu'cp upon the hil Ijiit far down in the valley, b(Miea(h the shadow of that castle, the peasant's cot may olVer to its inmates a scant return for unreinitting toil; and yet from the loins of that poor peasant may spring the youth, whose ardent soul, iired by (liviiu> inspiration, may point to nol)lest aims and achieve the highest triumi)hs. Art may to him seem instinct ; sen- ates may hang delighted upon his accents, or armies read the presage of victory in his eye. The Constitution of England wisely adapts itself ■< the arrangements of Providence ; it draws, from the humbh'st as from the highest ranks of life, the talent which the nation jiroduces, and en- lists it in the service of the state. Public departments are regarded as i^ublie trusts, to which all may aspire, and with the honors, and influ- ence, and emoluments of which a wise sovereign ami a grateful people may stimulate to exertion, and invest patriotic enterprise with a national character, and crown it with a national reward. The "stately halls" of England send forth to the public arenas the most aspiring and energetic spirits they produce ; but, when there, the scions of !;ristocracy must wrestle with the talent reared in her '"cottage homes," discii)llned in her workshops ; rising, it may be, from the lowest form of the charily school, or the darkest recesses of the mine. From such a Constitution as this " — Our oonntry's grandeur springs, Tiiat makes licr loved at home, revered abroad." Canning's mother was an actress ; Pitt was a cornet of Hussars ; Brougham connneiiced life in a Scotch garret ; Sydenham in the count- ing house ; Peel's fat lu'r was a cotton-spinner. The biogra[iliical his- tory of our country is rich in such names, and furnishes on every ])age .its animating commentary on the free spirit of our Constitution. Had public departments descended from father to son, as they did here until recently; had they been held for life, as our opponents desire now, would it have been so rich? would these glorious illustrations have been so lunneroiis? l.'nder the one sy .-tem [)ublie spirit would have died, under the oilier it would have languished. jNIake public ollices heir- loom-, and tlu; intellect which shoulil be' found in the service of the gov- ernnienl, is at once arrayed against it ; give men life tenures, and one ,i 1 III 1 ■ ■ i 1 ■•l -I ' i ! il I r 1 ' i li t I' M 1^ i.':4 ,11 1 . 'i ilii mm I 436 NEW BRUNSWICK. generation must pa?s away before the ambitious have anything to aspire to, or a nation any thing to bestow. Ah event occurred in New Brunswick about the commence- ment of tliis year which gave an impulse to the cause of rc- sponsibh) government in that Province as unexpected as it was gratifying to us on this side of the bay. The leading men of all parties having been drawn into the Executive Council, and there being nothing particularly to complain of in tin; adminis- tration of allairs, there was no d<'sirc, as perlia[)s there was no immediate necessity, for any practical exiiibition of tiie power which the people possessed under the new Constitution that had been evidently conferred by Lord John Russell's dispatciies, and which Sir John Harvey liad recognized and announced in his circular memorandum. We were not unfrcquently taunted with the quiescent condition of New Brunswick, and the a})pa- rent indisposit'on of the people of that Province, while enjoy- ing the blessing of good government, to waste their time with political theories and disputes as we did in Nova Scotia. " I am alone responsible, and my Council are responsible to me," was Lord Falkland's leading idea, and it was assumed that all the public men in New Brunswick conceded to Sir William Colebrookc the plenary powers which His Lordship claimed. Sir William evidently thought so, for the Provincial secretary- ship becoming vacant, he bestowed that office upon his son-in- law, Mr. Alfred Reade, a gentleman who had only been a few months in the Province, who was a stranger to its people, and who had never represented a const itiiency or earned promotion by any public service. This absurd appointment of a transient person, over the heads of all the; members of both Houses of Parliament, was made, as it afterwards appeared, and reported to the Colonial office, without the members of the Executive Council l)eing consulted. Four of the most popular and influ- ential of them resigned, nnd refused to defend it, and in that hour responsible government grew into almost universal favor, and was recognized as the '• chea[) defence" of the Province against all such extravagances in the time to come. Mr. Wil- mot, in his letter of remonstrance, addressed to Sir William to fvspire nmcncc- so of re- is it was men of lu-il, ivnd sulniinirt- > was no he power tioii that it^patchcs, luiicetl in V taunted the appa- lilc enjoy- timc w^ith 3otia. " I lie to mo," xl that all r William p claimed- secivtary- his son-in- c;en a few x)ple, and promotion I transient louses of n^ported l^xeeutive uiid iuHu- ud in that Y<;\\ favor, « Province Mr. Wil- li- William wilmot's protest. 437 Colebrooke, boldly asserted the principles for which the re- formers of Nova Scotia had battled so ardently and so long: — In the first place, 1 consider it ju^^tly due to \hv. people of this Province, that all the oflices oi' honor and emolument in the gift of the administra- tor of the government should be bestowed upon inhabitants of the Province who have made this country their hom(>, and in the cases of the principal oflices tho^e persons should be preferred who have claims for public services rendered to the Province, and who can command the respect and confidence of the country. "With these views, which I hope I will ever retain, I must necessarily disapprove of the appointment in question, as I can only look upon j\Ir. lleade as a comparative stranger and a transient person, while at the same time I am of opinion that he has no claim whatever on the gi-ound of public services rendered to this Province. It would be vain for the parents of our youth to make every exer- tion in order to qualify their sons for the higher oflices of the Province, if the avenues to honorable and profitable employment are to be thus closed against them ; and I thcrelbre cannot but view the appointment under consideration as an act of great injustice to the people of this country, and I can safely assure Your Kxcellency, that it will be thus considered throughout the length and breadth of the Province. Your Excellency is well aware that ever since I have had the honor of having a seat in the Council, I have api)roved of, and advocate I those principles of Colonial government which ai-e now in full operation in Canada; which have been distinctly enunciated by the present govern- ment in the House of Commons ; and which recpiire the administration to be conducted by heads of departments responsible to the Legislature, and holding their olflces contingently upon the api)robation and confidence of the country, as expressed through the representatives of the people. Still entertaining a strong attachment to those principles from a clear conviction of their constitutionality, and from a conscientious belief in their safe and practical adai)tation to a IJritish Colony enjoying the privi- lege of a representative form of government, I can see no suflicient reason for withholding their salutary influence from the loyal and intel- ligent people of this Province ; and considering it more advisable that a gradual advancement should be made by the government itself towards those [)rinciples, as op()ortunities may otter, than that a concession in gross should hereafter be made to the urgent demands of the country, I am of opinion that the Provincial Secretary should now be brought into 37* I' ''■' ! V ' '. 438 SESSION OP 1845. '■ ' * Si'' ' ■: m the executive government, and slioultl hold a scat hi one of the Houses of tlic Li'irif^lalnre — the tenure of liis olTico being contingent upon the pucocssliil aihninistration of goverinnent ; and, therelore, a> tlie appoint- ment ill ([uestion lias heen made irre>|)ectivo of any of the-fo considera- tions, I am bound to give it my opposition. Mr. C'hnrk's Sirnontls and three other gcntU'meii retniiicd of- fiee, dcfciuk'd the appoititmeiit, and INIr. Simoiids denouneed responsil)h* <^overinnent, as inapplicable to CoU)nial life and ad- ministration. Two parties Avere thus formed, and the issue was fairly raised. Before the close of the session the appointment of INIr. Reade was cancelled ; the Colonial Secretary's disap- proval of it having been foriually communicated to Sir William. Our legishitive session was o})ened on the first of February. It was one of the most stormy that we ever remember. In his speech from the throne Lord Falkland said: " I shall take an early opportunity of aecpiainting you Avith the eftorts I have made to justify the confidence you expressed in me by your res- olution of the 12tli of April last."' Who ever thinks, now, of expressing confidence in the Queen's representative ? What (lovernor, in British America, would put such an unconstitutional paragraph in his speech ? On the 7th of February, the papers connected with the nego- tiations of the previous year were laid before the House. They will be found in the appendix.* Tliese included, tlie letter ad- dressed by Lord Falkland to Mr. Dodd on the 24th of Feb- ruary, with his answer, but did not include the answer of the retired Councillors, which will ])e found in IMr. Howe's speech of the 13tli February, 1845. In .July a circular had been addressed by the Provincial Secre- tary to Messrs. Uniaeke, McNab, Huntington, George Brennan, and B, Smith, in which they were invited to accept of seats in Council, and informed that His Lordship found it impossible for him to include Mr. Howe in the proposed arrangement. With these papers a dispatch was also laid on the table, which we give at large, as without it it would be impossible to un- derstand the speeches that are to follow: — 'iWU * Appendix. — Letters, &c., LORD FALKLAND'S DISPATCH. 439 c Houses upon the i appoint- .'onsidi'ra- uined of- Miounoed .; and iul- ssuc was ointment y's disap- William. Fobrnary. r. In his 1 take an rts I have your res- 30 in the America, speech ? the nego- se. Tliey letter ad- li of Feb- s^er of the e'ri speech cial Secve- Brennan, )f seats in impossible angement. .ble, whicli ble to un- GoVEItXMKNT TRiUSK, TIaI,I1AX,| 2tl August, IHl'l. y My Lonr>, — In my private letter f)f the 2(1 ultimo, I announced to you my intention shortly to make another effort to induee the leaders of the opposition in the Assembly of Nova Seotia (with the exception of ]Mr. Joseph Howe), to lend their aid to the Provincial administration. In endeavoring to carry out this design, 1 availed myself of the; per- mission kindly accordetl to me by Your Lord>hip, to augment the numljer of the Executive Council to twelv<^ in case of necessity ; and I offered seats at the board to Messrs. McNab, Huntington, .1. 15. I'niacke, and two Catholic gentlemen, jMessrs. Tobin and IJrennau, thus placing Jive seafs, and the office of Solicitor Ceneral, at the disposal of those who style themselves the liberal party, and the sixth 1 offered to ]Mr. llenja- niin Smith, an old and nuich respected member of the House. I in- cluded ]Mr. Smith, not only because he is well (pialified to perfbrni the duties of an Executive Councillor, but in order to sustain the priiu-iple ■which I have always asserted, that no i)arty is entitled to inuuerical re- presentation at the Council board in exact pro])()rlion to its force in the Assembly. My offer was declined by ]Messrs, Huntington and MeXab, tut it was intimat(;d to mc through ^Nlr. Dodd, a member of tlu; govern- ment, that the opposition were ready for the exclusion of Mv. .loseph Howe, if I would consent to the formation of a Council of nine, ])rovided it could be effected ; and that if I would ])ermit the Attorney ( Jeneral to hold a conference with Mr. .1. 1>. Uniacke (who with IMessrs. Brennan and Tobin had as yet given no definite answer to my overture), to en- deavor to arrange the details, those who had refused the terms i)roffered in the first instance would be; willing to reconsider their resolution. I acceded to this proposition, and the Attorney General informed Mr. Uniacke that I had done so, when the latter gentleman, after further communication with his friends, stated that a portion of them withdrew the confidence that had been accorded to him, and objected to support the government if Mi*. Howe were shut out from the Coinicil table. Messrs. Uniacke, Brennan and Tobin, — the hitler gentleman in a per- sonal interview, — then gave their refusals, as did Mr. Smith, who I)e- haved in the handsomest maimer, and rejected the seat solely fi-om a fear of involving the government in embarrassment were he to become a member of it at this particular juncture ; Mr. Uniacke doing the same, because he felt that if he accepted it alone he could bring me no efficient support, but must abandon his p«rty, and, by acting independently, di- vest himself of all political influence in the Assembly. Tlie i-easons as- signed by the other gentlemen to whom my proposition was addressed, !''? ill. 'I 'it. I . "t ir I ■' I if: .t I*' 1,1 :M :' li: .!;l .i I'.p f i! a «§'■■ l! '4: If ''•.!!;. V lilV :J,K t i. i-' /'';iiv«l; til §5 '9 I)- 1 440 l'T\'c LORD FALKLAND'S DISPATCH. will be found in their letters, copies of wliieli, as well as those of Messrs. Uniai'ke ami Sinitli, I lu-rewith transmit. Mr. Tobin verbally informed mc that lie euuld not accept ollice unless in conjunction with his friends, and the negotiation Avas linally broken off, because I felt it impossible to cooi)eratc with one of the leaders of the elective branch of the Lcgis- ture. I have reason to Inow that a great proportion of the opposition look on the demand tliat I shall receive Mr. Howe as unreasonable, but are unwilling to se[)arate themselves from those with whom they had lately acted; and I have the satisfaction of being able to state that it has be- come evident, within the last fortnight, that the government has acquired additional tirnniess and stability in the Assembly, while the opposition has manifestly lost in those resj)ects, and having no acknowledged leader in the House (where, I believe, as well as in the country, Mr. Howe's inilueuce is greatly diminished), exhibit a want of concert and determin- ate action. In the country, also, the government is, I think, gradually gaining strength, and the spirit of party fast declining among the more moderate and well thinking of that portion of the people who have sided with the opposition ; and having redeemed my promise to endeavor to effect a coalition by every honorable means in my power, I have every reason for believing that by continuing to conduct the government on principles of fairness and moderation, I shall, if I remain in the Province, be able to administer the public affairs succcessfully during the next session, though with not a large majority. 1 have already acquainted Your Lordship with my determination with respect to Mr. Howe, and the reasons that have led to it. His conduct has rendered it impossible for me to offer him a seat at any board at which I preside, because the mere fact of his being restored to his former position, after having publicly and grossly insulted the Queen's repre- sentative, and restored, moreover, by the very officer so outraged, would, in my belief, degrade the office I hold in the estimation of the commun- ity, and make Mr. Joseph Howe, de facto, Governor of Nova Scotia. I am aware, tliat as a mere matter of political expediency, this viay be viewed in a different light ; that it vuaj be thought I can consistently with the dignity of my position, recall Mr. Howe to the Council board; that my doing so would neither lower myself noio, nor the office I fill hereafter, in the public estimation ; that Mr. Howe's readmission to the government would not be recognized as a legitimate mode of opposition ; the personal insults which he has, in his capacity of a journalist, heaped on the representative of his Queen ; in short, that I ought, for the sake MR. HOWE'S COMMENTS. 441 '. i\ Lcgis- of fonnln;r a slroiif^ govornmciit, to yicM llic point, or tluit oven if T Jira rij^lit a? regards my individual position, it wonid, nndri' all iIk; oiiruni- stanccs, Ix; de.-iralde that 1 should retiiv Irom my po.-t and malic way for some one to whom jMr. IIowo, would not ho ohnoxious. Should Vour Lordship, after reading whiit I hav(! wridon, deem such n step likely to promote |)ublie trancpiiiily ; and should you not i)artieipatc hi the persuasion with which 1 am dei'ply imbued, — that it would in all probability hav(> an opposite tendeney, and that even were it to be at- tended with a momentary appearanee of harmony, that appearance woiHd not only be purchased at the .sacrifice of the dignity and re-peetability of the future Lieutenant Governor, but prove in Itself delusive ; I need not entreat you to allow no considerations having reference to myself alone, to induce you to defer naming my succc.'ssor; I'or I shall in such case feel that my ojiinion ought not to influence, and will not Influence Your Lordship, when opposed to your own convictions. If, however, Your Lordship should think I have acted as became me under the difTi- culties in which I have been placed, and that my retirement at this period would not be likely to contribute to the tramiuillity of the Province, be- cause it might give u temporary trimnph to those principles against which I have thought it my duty to contt-nd, and would certainly mortify and irritate the large and influential classes by Avhom 1 am su[)ported, and thus increase discord, I venture to liope that yuu will give mc the advantage of an expression of that ojunion. It is from no sense of weakness either in ParliaiiKMit or in the coun- try, that I am induced to address Your Lordshi[) on this occasiim ; but as .1 junction of parties, for many reasons so desirable, has been prevented by considerations involving so much of a personal nature, and reduce the question to a mere contest between myself and a political leader in the Province which I govern, I feel it right (hat you shoidd have an oppor- tunity of pronouncing a judgment on the coiu'se T have jtursued under circumstances so painful, and of counteracting without delay the evil consequences which may result from my conduct if I. have fallen into crroi'. I have, &c., (Signed) FALKLAND. lit E:f Mr. Ilowe had not heard all the papers, sent down by the Lieutenant Governor, read, but he had heard enough to enable him to judge of their general tenor, and to satisfy him that the course taken by Lord Falkland would never be imitated by any Colonial (Jovernor, certainly not by any wise one. To expose to the general eye the confidential negotiations '>\ \ 442 lin. HOWES COMMENTS. iifJ s!i ■,t I I r! iVj for the formation of govcniiiKMit was most unusual, Itut to misrepre- sent the nature of those nrgotialions, for the i)iir|)osc ol' wouiKhng per- sonal foi'lings, or misleading tho C'uU)nial Secretary, was a violation, not only of duty, but of all the dcceneies of ollicial life Tlu' di>|)ateli IVoni Lord Falkland to Lord Stanley, a main assertion in Aviiieh tiie gcntle.- nian beside him had here ])ul»!iely dis[)roved, i^lrarly indiealcil tiio nature of other dispatches which the Government liail declined to couunu- nicate, and of tliose "private" letters, by which, no doubt, tiie Colonial offlc(! had been e(iually misled. As my name, ,>aid Mr. Howe, has been handled so freely in those documents, though unwilling to anticipate, I nuist trouble the House with a few words of explanation. So far from ever having pressed my claims to distinction upon the parfy willi which I act, — upon this House, or on Her Majesty's government, — I repeat- edly declined seats in Council, before accepting one. "When that waa oflercd, I woulil willingly have stepped aside that others might have been provided tor. Having gone in, I labored for thi-ee years to strengthen the government of which I was a member ; for many weeks after we were compelled to retire, but one feeling actuated IMr. Uniacke, Mr. McNab and myself; we cared not for our personal claims, or seats, or ollices, we had but one thought only, that of the interests of the coun- try, and of iiow we should rescue tlie Lieutenant Governor I'rom the diffi- culties by which we already saw, he was and would be surrounded. Before the House met, and shortly after Mr. Dodd came to town, Mr. McNab oflered to yield his seat, provided one gentleman would retire from the opposite side, leaving the conservatives five seats, and the opposition liut four. This was refused. A satisfactory arrangement on something like this basis might have been had, when our seats were ten- dered in February. It was again declined. Actuated by generous and kindly feelings, which prompted me to save the Lieutenant Governor, at every sacrillce, I subsetiuently sought to do an act which the liberal party might or might not have approved, to bring about a compromise at the saci 'lice of my own claims to office and honor; but while my friends and I were laboring with but one single object, very different feelings were at work on the other side ; and all our moderation was attributed to weakness, all our efforts were turned against us in a spirit of detraction or intrigue. "When this impression was confirmed by evidence I could not doubt ; when an extract from a disi)atch conveying an imputation which the House by a unanimous vote subsequently wi[)ed away, aj)peared in The Gazette ; when personal insults were ottered by the Lieutenant Gov- ernor to myself and other members of the liberal party ; when slander and defamation, intended to break down our public characters, and lam- JiiK' !^' Ml!. UNIACKKM RKSOLUTIONS. 413 ponn-f aimed nt our |)(M'-(in;il trclii\;;«, liail Imtm piildi-linl I'm' iiiinitli- liy n paiil oHiccr of I^dhI I'lillNlainr.-. j^ovcniiiiiiil. I >liniil(l li.nr Imtii !<'>■< or inon- lliaii u man it' I diil nol n><)-iil siicli a rcliiiti tin' all Dur |ia-t cum- tliict, llir all latrd, slanders rciiitiMJ, and llic lani|)noii< wlilcli liad hern !i('a|>i'd niioii lln'Ol thrown liack upon llic ciii'iny. Tliis duty I have pi rt'oi'iiird wiili tlic little ability wlirrcwitli i'rovidi'iicc ha- idr<-cd nic ; and it', in llir dis- charj^o of it, otrmce lias hccn jrivi'ii. lluKe who i,'avi' the provooatioii, vlio rcji'i'toil all lair ti'i'iiis, who aroii.-rlal»li>li('il as a |in'(Ti|t'iit, will tend to destroy the conlile to any I'uKiru neyotiatiun lor the t'ormaliun of u government in llii> I'rovinee. 5. lii'snircil. That iIk! >latemenl in the fore^'oiii;; dispatch of an ngn'cnicnl hy the opposition in the Ilon.-c to the cxclnsion ofiMr. Howe from the Executive Coiiiicil, is rounded on niisapprelicnsion of the facts, although that gentleman had generously ollered to waivi; his clain), to liicilitate a ,>ati-l'actory arrangenieiii, providing corresponding eoncessiond were made on the part of tic government ; and the impression conveyed by the language and tenor of the dispatch, liotii as to the personal inllu- cnce of Ml'. Howe, and the position iuid views of th(! opposition in thi.s Provinc<', temls to mislead the Colonial Secretary and Her Majesty's govermneiit. 0. Jiisolrvil, That the principles recognized by the Imperial authori- ties lor the constitutional iidministration of the government of liritisli North America, place the representative of a sovereign above the strife of party, and contemplate, on his part, in the management of their af- fairs, the absence of all personal predilection or hostility in relation to public men; and this House eaimot but exi»ress their deep regret that His Excellency the Lieutenant Governor should have been advised to pursue, on the i»reseiit occasion, a course tending to embarrass their de- libcalions, by ipK'stions purely of a personal nature, arising from a con- test avowedly between His Kxcellency and a popular leader. 7. Ju'su/rcd, That this House (h.'sires to sec the Lieutenant Governor surrounded by a full Council, possessing the confidence of the people and of each other, who can command a parliamentary majority, and thus be prepared to introduce practical measures to advance the general in- terests of the country. « ii A debate followed, which extended over thirteen days, and was one of the most extraordinary that we ever remember to have heard. The course taken by Lord Falkland in proscrib- ing Mr. Howe, mixing up his name with negotiations to which he was not a party, and communicating to Parliament a dis- patch in which that gentleman was stigmatized, and his inilu- ence entirely misrepresented, rendered the whole discussion i> F]i:PI,Y TO Tin: ATTOIINKY CKNIIRAL. 415 I :\ ihi' liit'Ut- iiitcliL-H ri;- jippfar-* at •I'u'rt iiitcr- Icstroy the iiiiliull ol' u iitch of iin Mr. Iluwe A' tli<- i'at'ts lis chiiiu, to 0()ll('(!Ssioll3 111 coiivcyc'd I'.sonal inllu- lion ill this ■r Majesty's rial autliori- it of British vc the strife ^ of their af- 11 reU\tion to vt'grct that advised to ass their dc- rom a con- mt Governor " the people ■ity, and thus general iu- days, and ■niember to ill proscrib- ns to which icnt a dis- id his influ- discussion personal and irrcinilar, to a dr^Trc which has rarely bci'n imi- tated sinci- His li(»r(l>hip left llie Pr()vinee. Two speeches were delivered l)y Mr. Ilowe, in the <-oiirse of this (lcl)ale. Tlif skill and ahility displayed in them will not he (ptei*tioni'(l. Those who wonid try them by lh»' severe standard «)f l'aii,disli parliiimentiiry speaking', should renieniher the peculiar circiimstaiiees in w Inch he was placed, ;iiid how completely all the securities and ^mards of |)iil)lic life had been broken down. The Attorney General having', in a speech of three hours, defended the government and assailed the opposi- tion, Mr. Ilowe said: — Mr. C'liainnaii, — Al'trr the elaborate and extraordinary spe(>c'Ii, dclivcri'il ye-tcrday Ity the Attorney (Icneral, llie coinniittrc will expect from nie a prompt and fall reply; and I ri>e to dischargi' that duty, \vhieh I owe lo myself, to this House, and to ihe eoinitiy. Uefore the members can deal with the principles embodied in the I'esohitions upon the tal)le, the mass of pergonal mattei-s thrown l)cfore them by the Lini- teiianl (iovernor, and his chief adviser, mn.^t be swept out of the way. In addressing myself to these, in the first place, the eoininittee will bear in mind, that while my assailants have had montlis to prepare the accu- sation, I lijive liail but a single night to arrange the defence. "When, a few days ago. I found mys(df denounced ami jtrosei'lbed, in the documents sent down by tli(.' Lieiiieiiant (Iovernor, I fell like u trav- eller overtaken by a storm ; ami who, with the thunder roiling above his head, the lightning iiashing in his eye, finding the earth trembling be- neath his feet, pauses to reflect why the gods should Ix,' angry with him. For a moment he is staggered; but, looking into his own brea-t, where all is peace and sunshine, he views the storm with indiHerence, conscious that, however foul the vapors that surround him, the rattling of the (de- ments will but purify the air, and insure health and safety when their fury is exhausted. "When the Attorney General rose here }e■• V ' WlH i Ji'i I'!! ^Ip '.I. ml l'"lir!,:i!i 1; 44G REPLY TO THE ATTORNEY GENERAL. told, cvon ill that aucrust iircsmco, lii- own '• rdiiiid. uiivarnislieil laic," and tiiriu'd liis accuser out oi" coiirl. It is (liiis lliat I shall endeavor, sir, to meet and to discomfit my assailanls. Tiiey have ail the ad- vantages which preparation, patrona^re, and authority, gi\(' them. I have only the answer of a good conscience, and the hnmhle aliilities wherewith Providence has endowed me — Imt I conluh'ntly rely on the goodness of my cause, and on the iri'e-istihle power of ti'ulli. Sir, a person less familial- tlian I am with tli<; past history of this Province, finding himself formally denouni^ed hy the Lieuten;uit Gov- ernor, would probably sink under wliat might jqipear, at first, the' start- ling novelty of the accu:-ation ; but, relying upon tlu; integrily and consis- tency of my past conduct, I am also reminded that this is an old stale trick, often resorted to in former times, by men o'' small minds, whose monopoly of j)owei' could oidy be preserved, liy fomenting personal (juar- rels between their (Queen's representative and some jirominent indiviiliial, res[)ecte i-rinii- wlii) liavo c till' same of rt'iuibli- Yai-moutli >rson more those per- liave been le animus, ast, will be B) despair of ipositiou in Llis Exccl- lonry, is this : wo hold tliat the (>ii('('ii'-! r.'prosciitativo, nvpon-ililo to flic Colonial Si'i'i'i'tary i'or the due niainti'iiain'c of" the prfrogativc. for our ohc(hcn<'i' to rinpcrial law-, and for the good government of thf> coimtrv, should vet lie held ide. Our oppoiient- on the other hand, el largiiig upon ih an ox- rnor can do no aggoratcd applii-'di.ni of the principle that the (Jov( wrong, wdiii'h we di-ny. are n^vcr -o happy a^ when they can |)rovc him capable of wrong doing, by involving him in per-oual cond'icts wiili which he has nothing to do, and driving him into tin; meshes of their own party, by a course of insult, or |iro-ci-iptiuii of those who, by no constitu- tional wea|)on, could they overpower. Till- distinction was iicvit more hajipily or uidia[)pily illustrated, than by the question raised in the-e di-palche-. and by the style of oratory by which we were ye-terday entertain(jd. When I look at ihe nalun; of the charges exhibited, and at the mass of rnlihish through wliiidi T am com- pelled to wade, in order to meet them, I cannot but forget for the moment all sense of injmy. and himeiit that my Sovereign's representative liafl been liromiht Here belltrc the a-scinbled I'arliament, t<» accu-e an indi- vidual of writing in the new-papers, and to peril his public character on the point of a pasipiinade. or the severity of a lampoon. Sir. though this may be an old Colonial rus(>, I search in vain for any parallel in the histoiy of the mother country. When 1 turn from the sorry spec- tacle Avhicli the representative of my sovereign is made to exhibit in this arena, with his Attorney Ccneral. insteail of bringing ns a good meas- ure, coming down with an indictment against a joke ; to tlw^ position which he occupied, when, only fifteen months ago, th(' hmnble individual xssailcd, shared ]u< coalldence and stood by liis side, I cannot but er-. Then he was the honored Governor of all Nova Scotia; oppo-itioii. if strong enough for watchfulness, was [lowerlcss to obstruct ; and no man, m- body of men. trammelled his free- dom of action, or could extract the hiimiliatiii'ir confession that he could now mourn over the fidly of his ad\ i- not liU up his Council, or cai ry oul tliv' |iidicy to which he was pledged. Who then heard of pnlilic olllccs Ict'l vacant lor manv months ; two ses- sions passed without a >iimle niea-iire : si'ats in Council goiii'jr bcLfiing for a year; propositions to go back to the old Council of twelve, to liny up the leaders of the oppo-itioii. and grave dis|iiitches and s[ieeclies fliundeil J: M i', I !V • bi i>' I ,. 448 r.EPLY TO THE ATTORNEY GENERAL. ll', ' 'i: i'"'t I 1 hi upon a pa'^miinadc ? Sir, uImmi T look back upon tlie pas(, ami adilross mysciflo tlic laliors of this day, in sclf-dcrcncc, T would irladly blot out this disfri'acct'ul paujc from our Provincial history. I cituffss I know not how to meet this siuuridar attack with becoming gravity. Jlornc Tooko commences one of his letters with "Tragedy, Comedy, and Farce; Wilkes, Ft)ote, and Junius, all on one poor parson, are tearful odds." And surely I may say, a (lovernor, an Attorney Gcnei'al. and all their adherents, upon one poor printei-, are fearful odds; but as Tooke was a match for his foes, I hope I will I)o al)l(.' to give a good account of mine. I trust I shall be able to show that J bore with exemplary jialience much undeserved provocation ; that while I was for months only intent on serving ami extricating Lord Falkland from his emb'irra-sments. a very ditlei'cnl spirit was active on the. oth<'r side ; and that when, for the defence of my principles, and my friends, I took up ray ]ten on the Oth of IN lay, it was not till the ollicers of his govern- ment, and his intimate associates, had showered lampoons ami libels on me for more than lom* months. If I can prove all this ; nay more, if I can prove that each several passag(; of which Lord Falkland complains, subse(pient io the Oth of INLiy, was called lurlh by some gross .--lauder, or irritating sipiib, publi>lied at the time in a ])aper owned ami edited by the Queen's printer, then, whatever may be the judgment of this Assem- bly, where jjower and ))atronagc may secure a small majority, I know what mutralion was successful, and supported by powerful majorities in this House, my friends ami myself retired sim- ply bceaiHe we could not defend what we ludieved to be an impolitic, and knew would be an uni)0)»ular, appointment tothe ExecutiveCouncil. We hail no theoretical disputes about general principles; no personal complaint to charge u[)on His l^oi'dsiiip. We parted as gentlemen should part. We, disposed to remember only what had been pleasant in our intercourse; anlied it in the newspapers, in which he miM'c ihan insinuated that we, who had served him faithfully, retired courteously, on a single fact. had forced party government on him, when W( liaenti'd to re- main in a coalition; and had attempted to wrest the prei'ogativc out of his hands, when we had ever admitted ami del'ended iis liini and inde- pendent exercis<'. ^'othing could be nioi-e tuijust than tlio-e two imj)lieil REPLY TO THE ATTORNEY GENERAL. 449 I !\tl(ln>s> ,• l)l()t out Itccomiiig or pursoii. Attorney irt'iil ciiUl> ; to j^ivc a born with ■ I WHS i'oi' il from h\> )tli(!r side : lids, I look lis <^ovcrn- d libels on more, if I eoinplains. sUuider, or d edited by his Assem- ity, I know r'ller INIaj- aiifl il half, upported etired sim- n imi>olitic, ve Council. u) personal Lrcntleiueii ple,i-:uit in I take care 1 )ceeniber. r to us. and iiiiatcd that -iiejle I'aet. ■iitcd to re- iti\f out ol' 111 ati Constitution, as any scion of his line. I defy the Attorney Tlcneral In put hi- hand upon an article, written liy ine again-l J>oi'il Falkland, earlier than the Olli ol' May. Ihit who gave ample provocation fmir inonths Ix'fore? As early as lln.' 2>^lli of Decembei-, a per-oii who hail long been a sort of upper servant about government house, commenced the war in a Xew York paper, under the, signature of" Scrutator." This per-on, well known as a friend and confi- dant ol' till' (ioNcriior, has olieii given the peojile of New York the licn- efit of State secret- that oiiglit to have been known only to the (iovernor and his sworn Councillor-, bcibre- ihey were revealed in the Province whii'h ihey most concerned. Let us take up the December letter, evi- dently written for circulaliou in Canada, that il might meet the Gov- ernor-C.iencrars eye, and filled with misrepresentation of our conduct and positions. As a specimen of the hi,-lorical accuracy of this household ^crihl )K'r, let me taki )ne or two passage^ On the arrival of Lord Falkland Ik' says, "Xegolialiou- wen; iipcned with iNIr. Howe, and other leading reformers, and with the heads of the conservative parly ; and at length, ]iy th(> exercise of conimendalile l'orliearanc(>, and by mutual con- cessions, a Trovincial administration was formed of liu' leadiniji; irentle- men o f hot I partii 111 )out equal number: The drift of all this is to show that great skill was displayed by His Lordship, in forming the Council which carried him through from ISl'i to isb'!, when it wa.s formed for him liy Lord Sydenham ; and, as far as I was concerned, he brought out the fjueen's command in his pocket to place me in the Council. So far fi'oni the niimbeivs lieiiig alioiit equal, " Scrutatoi-" su[)- presses the fiict, that the liberals, though tbrming a majority in the House, never had more than three seats in Council out of ten, from tiie time they entered, till they were driven forth by a reckless attempt to increase and per[)etuate the disproportion. Again, the (Governor's physician, wishing to throw the l)lame of all the differences between members of Council upon me, attributes to me a series of letters, under tin' signature of " A Constitutionalist," and states that, in one of lliese, a i-eference as* •, r ! ' « (ii- /; S[ iiiiii m ! /:;i 450 RKPLY TO TIIK ATTOIiNEY GENEIIAL. was iii;i(1(^ to till' (Icltt earsin them. Lord Falkland and his aircuts should he the lust to coniplain. But I turn now to a ])a~sa.t,'c so incunly false, yet >o dd'ainatorv. tiiat, coming from siicli a ijiiarter, it would, undi'r iill the circumstances, have justified prompt and iins|)aring i-ctaliation. Aftci- rdVa-ring to liic sale of The Nova Scoiian hy nic, .and to the pccamiary interest which 1 still had in th(! estahlishment, "Scrutator" savs : — '* It !i|i{ic;u-s that The Nova Scotian lo-t mucli hy this change, and its charactci- and circulation fell off when the puldic missed the clever arti- cles which were wont to till its columns. I'uder tlie~e circiunstanccs the ri-ilcniiil editor lieihonght him — I think in an evil hour — of trying to restore its prosperity, and to hit hard his political enemies at the same time, hy infusing some of the former spirit and })ungency into the pages of the Journal ; and, sooth to say, no measui-ed portion ol' hitterness also. This was (lone liy the in>ertion of a series of letters, under the signature of ' A Constilutionalist,' which, although nev(>r acknowledged hy Mr. Howe, lel't no doulit of their authorship in the minds of those aciiuainteil with his style." The committee will observe that here is the (lovernor's peculiar scribe — his coididant, — the msm who. in .Time, senils to New York rev- elations of State ]i(dicy, only given to i July — charging upon me. the authorship of tho- ill iiiii. 15ut t, coming I justitii-'d ."of The ill had in L', and its lever arti- tanccs the ■ trying to the same the pages rne^s also. > signature .(I l>y Mr. iKMiuainted 's peculiar ■ York rev- ion me the !ui, mcrce- ernment in foul and in retali- 1 his agents V, however, how to the rs Letters." (111. AVhen ,111 he time ose letters ? he summer ■ parlieular ition. His ■rvants to a iv;is taunted I regret ua(.'t or two will serve as specimens of the whole. Lord Falkland i> de?oril)cd "as a AVhig deputy of Lord John Rus>ell, whom a coiiscrvulivi.' Colonial miiiirter is most unaceountahly permitting to endanger the very exist- ence of the affection of the conservatives of Nova Seotisi to the gov- ernment of the (^ueen." "The most res[>r2tahle portion of the society of this Colony are require(l Iiy u AVliig Governor to siihmit to every S])ecies of annoyance and degradation." •' Surely. Sir Kohert Peid and Lord Stanley cannot think it wise to allow a AV'liig Govi'riior U> destroy the peace, and ultimately stifle the loyalty of this one.' happy Colony." This was written hy the no-party men, of a coalition, in vhich the llherals had luit a fiiint representation. His Lordsliip is styled "'a Whig taskmaster," and those who hoast of the addresses he received last Mimmer, will find great comfort in the fullowing passage : '" As to the addresses to Lord Falkland, tliey niiist he viewed as a mere matter of moonshine, since there are hmaties and responsibles enough in every village to get up an address to Old Scratch himself." A corres- pondent in tlie same paper says: "Such conduct on iIk^ part of Her jNIajesty's rei)resentative has cease' to excite surprise here, as it is ([uite notorious that His Lordslii[) has u^jt' -mined to blot the sword of truth and the scales of ju.-tice from the escutcheon of his government, and to be guided solely by party feeling and prejudice." Thus wrote the party now in power, of the nuui they are sustaining in a vain attempt to crush an enemy for a [)olitical lam[)(jon. This wa;^ the style of remonstrance against an admlinstration, that, sustained by a liberal majority, luul but three liberals in the Council. But, hear what was said of the Count dc Ijarruel, the Governor's secretaiy, a gentleman of classical attainments, polished manners, and guarded cireum. pection : — " I have s\ ^^' ^. ;il JiJ mm 111 m Mm ''ifi?H- I 452 REPLY TO TOE ATTORNEY GENERAL. oppo^iition pres:J, aii'l to iir;?e that soino of tlio mfimbors should enter the arena, and tlcrcnd liiiu and themselves. On one or two oeeasions he called U[ioii the hoiKirahle and learned Speaker, then the youngest mem- ber of the Council, to take up his pen and defend the government. The Speaker, I helieve, deelined ; hut out of the feeling displayed by the Lieutenant (lovernor aroM^ the letters of "A Constitutionalist," which were writt ji. not ibr the mcreenary and mean motive attributed, but to abate the nui-M!ie(,' of Avliieh His Lordship complained. IIow must I have felt, then, shortly after the retirements from the Council, to (ind myself openly charged with the composition of those letters, by a hanger- on about government house, and mean, mercenary motives attributed to the writer ? Sir, if feelings have been aroused, and arrows pointed, those from the government quiver, sent, with deadly aim, were lirst dis- charged. '•Scrutator," in this vei-y letter, attributes all the difliculties to my ''ambition." I " could bear no rival near the throne," yet I went to the aitl of the throne under most trying circumstances, and faithfully discharged my duty until driven forth by manifest injustice. One truth "Scrutator" tells: "Between the families of the Councillors and His Lord-hip's, a cordial friendship had subsisted," but Ik; ibrgets to tell bow that was severed by rudeness, which no gentlemen can defend. The Attorney General complained the other day that the Halifax newspapers commented on tl. negotiations of July. Why should they not, when the Avhole policy of the government was disclosed by Lord Falkland's friend on the 21th of June? Hut, sir, I have wasted time enough with this scribbler, having yhown that he commenced the war with violating conlidenee, telling gross falsehoods, preferring mean chai'ges, and misrepresenting my pul»lie conduct. They began the sys- tem of which the}' now complain — one which, if serious notice, is to be taken in grave dispatches, will ultimately result in trying a government, not by a good measure, Init by a good article — not by the wisdom of its ai»pointments, bu; by the i)ungency of a jest. As ''Scrutator" some- times says a good word of me, I will not dismiss him without bearing testimony to his merits. Li an ancient city, where a funeral oration was regarded as a decent ceremony on the burial of the dead, a body lay for a while above ground, because nobody couLl remember any good of the decease(moiit, in The Christian I\rt>«scnj];or, the Attorney Gencriil'.N or^^aii, il was proclaimed, jnst alter the ntirenieiil.-:, ''that the breach \v;is irre])aralile." It was not .-o then ; il is ,-o now, l)iit those who thns prophecied, have done their best to verily the preilic- tion. I have said that Lord Falkland's own letter, insinnaling that W(^ had attcni]>ted to l()ree parly government, and wre.-t the prerogative I'roiii him, was a breach of his own pledge to ns when we retired — that it sonndeil tlu; key-nole of di.'famation. I iiave shown how instantaneoM>ly one of his snile l()llowe(l np that authoritative a.-sanlt upon our charac- ters, by gross perver:-ions of fad, and the ascription of unwtu'thy mo- tives ; that the Attorney (general's organ .lid the same. Yon will bear in mind that all this took place in December and January, '• the retalia- tion," of which, I am accused, not having commenced till the following May. I have referred to the ell'ect which Lord Falkland's insinuation;* had upon our enemies in the capital. Every man whose path I had crossed in a life of publie labor; every man who envied the talents and independence of my learned friend from Ca[)e Breton, or felt rebuked by the unobtrusive; virtues of my honorable frieniiiiiati(His, caught lip and cnilindicd in grave addresses, e(iii[)!ed willi a bold a-persiou of our loyally, >!gned by members of bis lOxeeulive Coimeil, ami ^ent for- ward with great eomplaoeney in Jaiinary ; yet these very men now profess to be horrified, because in IMay, I tuok up niv jxii to guard reputations thus wantonly assailcMl. Why, sir, Iiad I owecl notliing to my- self, to my cliiidren, I should have been indeed a craven, to have permitted snob calumnies to attach to my honorable friend, Mr. Me \ab, — than Avhoni the realm of England does not contain a man more devotedly attached to liritish institutions; or to my friend IMr. Uniacke, whose ten years' services to his sovereign, as a steady suppoi'ter of her govermnent in this Assembly, surely merited from her repn'sentative a different return. 8ii', when I look back at the wise sayings of the s-iges wdio met at the hotel, and contrast them with the acts of the administration, I cannot but snule : they denounced " a party government," but have had one ever since. They Avere so careful of the prerogatives of the crown ! yet have brought their sovereign's representative before Parliament and the country, whining over a lampoon, and making war upon a joke. Let me now direct the attention of the committee to anotiier foul stream of dei'amation, turned by the government upon the heads of the cx-couneillors, months before one of those articles was written, for which I am to be proscribed. On the ord of February, the [lerson who a few months after was rewarded by Lord Falkland with the office of (Jueen's Printer, and avIio has for twelve months slandered and defamed the liberals, published an article, the object of which was to propagate; the belief that there was an extensive consjjiracy orgiuiized in British America. I will trouble the committee with a single extract: — "As a sincere friend of the people, — a friend of practical things, — I would enquire wdiat is the use of transmitting reb(dlious intbrmation to peaceable citizens? or of keeping a jiolitical party in the Council de- nounced by th(! Governors; denounced in popular meetings of lo^'al subjects ; deiiouueid l)y that portion of faithful writers, a party of rebels against tli(> pr('rogative of the crown? There are, doubtless, a number of rebel scribl)lers in these Provinces, working subtly hand-in-hand, with a jdiahmx of republican loafers in the States, in order to prejiare the separation of these Pi'ovinces from the mother country. Lafbntaine, and his partners in rebellion here and there, are undoubtedly men with- out honor or shame, who are trying to fl.-h in muddy waters public situations, and sinecures for themselves, their relatives, friends, and .o forth; f(jr in tlie midst of seditious movements, the worst of mortals can REPLY TO TIIK ATTOHNKV OF.NEIIAT '155 « \r\H'i\ by >, ciui^^ht c'l'sion of .-(•lit for- mcn now to <^UiU'(\ iijj;ti)iny- pcrinitted 1,, — iliiin devotedly wlio-e ten ncrnmont t difFerent -agos who inistration, t have had ho crown ! ^luTiament on a joke, lot her Ibid pads of the for which wlio a few if Queen's hnied the agat(! the in British let: — lings, — I nnation to Ouncil de- s of loyal y of rebels a 1 lumber d-in-hand, to prejiare afontaine, men wi ers 1 th- lublic am 1 ,0 Inortals can I- the uav tlie iiriii'i'y /' ipaiiioii- increase in power and ri-e up to honor. Tliat Franklin made himself ^^ f"';/ nisra/ iwunw^^ jii- fellow I'llnl c.in On the Sth of February, the very day on which the Ilou-e m. i. and throe months before I re.-iuned my e(tnneeiion with the pre-<, or jmb- lished an article of which the Attorney (leneral complains, Lord Falk- land's friend and printer jxave to il e world a defamatory lampoon. purporting to be a loiter from Mr. I'apineau, the Canailian exile, to Mr. Howe, in which, a->umiie_'' the liirimr to b a n ■\n\, 1 le ailoresscs the latter al'ter this liishion : *■ Oin- former political inlima<'y, the simi- larity of oui' jjrinciples, and identity of our object-, i^cc." Vei the men ■who wrote these liljels,ar<' to be held gniltle-s. and I am to lie pro-criljcd for not sitting (piietly under aeensation- .if trea-on, ami kissing the hans i'rom February lo.Vpi'il, un- der the signature of '• Punch," and which I hold in jny hand. " Coarse ribaldry," '"breaches of decency and good manners," and reckless ialse- lioods, are the; staple of these proiluctions, showereil by l^ord Falkland's ollicial servant upon the heads of the veiy men who had served and sustained him honorably for u[twanls of three years, and who retired that lliey slum Id not 10 mis- from the royal clo-et with the assurance roprcsonted." lint then, the Attorney (.Jeneral liml- il convenient to forgot the four months' defamation l)y which it was hoped wo might be overwhelmed ; ho can chuckle over lampoons and jiascpiinados, when they appear in the government pre-s ; indecency is a virtue, wlu^n it raises a lau";h at an o ne my s o.\|ien< am 1 a lid.-ehooil is no louLjer a falsehood, when it makes in favor of his own side. [Mr. Howe hero re- ferred to the papers, and read gross ]»ei'sonal attacks on Mr. Uniacki', Mr. Doyle, Mr. ]\IcL(dlan, 'Mr. Uenjamin, and ]Mr. Power, the "ribaldiy" being "coarse" enough, and the wit scarcely atoning for the malevolent vulgarity. "We omit the passages, that our rejjort may be ko[)t within ordinary limits.] After reviewing these papers, ]\Ir. Howe said that he I ;iV. I J ! 't m b I : \h ' ill!'' ' m M it I 45G ]fi:ri,Y TO TIIK ATTOIINKV rillNKIiAI,. rcully felt for the iiulileiuiiii ;i( tin- licad u\' tlic iinvcnimciit, wIki, liiiving bt't'ii induced to eduntenuiu'e, and |iiiln>iii/.'. ;iiid pay tor tlii-; iiii>ei-!il)le trash, aimed at old and faithful eoiiiieilloi-, whose only eriiiie was that, they had eonducted his ^'overnnn'nt lriuni|iliaiiliy for three years, had been hroiight down to I'arlianient to prefer ;,'rave ehar^'es a^iainsl an in- dividual who had thrown a few paper peUets in return. This system of executive delamation. said Mr. I lowe. continued for four months, and iho liberals treated it with indilfereiiee. From \)c- ci'niln'r till ^lay, the (ire was inees.-ant, when, ou the (Ith of that month, I resumed my old editorial chair, and openi'd (ire upon tln' enemy. All that I have r^ud to the House, api)eared in the government press prior to (hut date ; but something more had appeared. The learned Attornoy General, wiio now complains of (Ik; press garbling public documents, who professes such anxiety to give the public full inlln'ination, cannot have forgotten the few liiK's extracted from a dispatch, ami ])ubli>hed by Lord Falkland in The Ixoyal (Ia/i'tt(% on the 211th of February, two months before I wrote a line with which he here finds fault. Sir, wo never complained of Lord Stanley referring to ''pretensions," that wc never advanced, and whieii this House afterwards negatived by unanimous vote. His Lordship formed his ojiinion on the r.r-ixirte case; sent from this country, and he was bound to believe and sustain his own officer ; to give hiin every fair chance to recover his position. lUit we had u right to complain, thtit a defamatory dispatch was written to Lord Stanley, refused to Parli'.mcnt, His Lordship's answer also withheld, and three lines extracted from it and publisbe 1 in the news[)apers, conveying a censure we had never deserved, and accusing us of " j)re- tensions," wdiich, if Lord Staidey had hail the whole ca.-e before him, he would have seen we had never advanced. For more (ban two months, Messrs. Uniacke, McNab, and myself, Jiad cherished the most friendly feelings towards Lord Falkland; had treated him with the courteous observance due to his high station ; had attributed to others, and not to Lim, the slanders which assailed us. liefore th(^ House met, I\Ir. Mc Nab had offered to withdraw his claims, to re.-cue His Lord>hip fioin difficulties. Down to the very day on which this stab was given by his own hand, I had but one thought, how 1 could avert the evil I saw clouding the horizon, and rescue, by any personal sacrifice, the man whose temperament and whose advisers I knew too well, not to antici- pate the mischief which we have now to contemplate with so nuich vain regret. The moment that extract appeared, I felt as a man might feel, on finding a friend's knife between his ribs, on whose welfare he was meditating, and for whose security he was prepared to suffer much ; the lio, liiiviii;* (' wiH that yciir-, liiul aiust an iii- lUiiuKMl lor From l)c- that luoatli, nomy. All jtrcss iirior uil Altoriioy (lo('UIlR'lit;i, Uioii, iiaimot |)iil»li>li('(l by •bniai-y, two ill. Sir, wc ins," that wc )y iinaniinous .50 st'iit from k own oOTu'cr ; ut wc. had a •n to Lord so withhckl, mjwspapers, us of " l)i'0- orc hhu, he two months, nost friendly Hi convteous , and not to met, Mr. Mc )^d^hiI) from given by his evil I saw fict', the man not to antici- so nuich vain m might feel, ■Ifare he was er luuch ; the ti '^ IIEPI.Y TO TIIK ATTOIiNKY CKN'miAL. •15T iijd lies were ,-c\-ered by (hat >lre who advi-ed ii diil more nii»ehi( r lo the iinlileman lliey mislcl, than llieir live-J, d<'vnted to ]m ?ervi<'e, ennlil I'epair. It was Inlluwed u|> by aiinihi 1" — by a per-dnal inlt be .-irange binndering in oiir court-. Will it be belie\eil that tile fu'-l liircc passages he read, and upon which he fivoi-eil ns with au hour's (lecIani;ilion, appeared in The Nova Scolian on the 21)tii of April, when my connection with tiial pa[)i'r only commenced on (he Ctlh of ^lay. []Mr. J lowe hero ret'erre(l to and read the pa>sag<'s having rofor- ence t(j Lord Falkland's "political facetia'," his "attempting (o bow everybody to his will, and being con>!raiiie(l (o bow to the will of others,'' his " a|tpointinenl oi' IMr. Dewoll'e to tin; excise," traiiied to attach their names td the arrows they shot ; and J, during my |iui)lic liii', have generally done the same, though at every step I have hail to meet cowardly assailants, shooting from every variety of cover, ll' I am to be charged, without pi'o >\', with writing what I do not acknowledge, I may gather from tin.' press which supports him ;i goodly array of [>aragraph,s to attribute to the Attorney CJeneral. Jbit, parsing over the paper in April, let me come to the poetry of the 'JOth of .Alay, to '-TIk* Lord of the IJcdchamber," which I am free to acknowledge appeareil i:i The Nova Scotian after I resuiTiod the editorial chair. TIk; commillee will remember that, before this pas- (luinade was published, I and my I'riends had been ridicided and de- fame(l in the government organs i'or nearly live month- ; that we had stood this fire with iiilinite forbearance ami com[io-ure; that the dispatch had been jinblished; that the Speaker of this House had Ik-cii debarred the usual oflicial courtosics due to his rank, ami never, ibr half.i ceiiliiry, omitted. After all this had been done, and no pains spared to make the ([uarrel personal, is it strange that wc should have determined to retali- ate ; to show our opponents the blunder they luul committed by forcing the (Queen's representative into the political arena; to let them see there was some wit and humor on the opposite side ; and that if they monopo- 39 ■il 1^' .f,t ^ sAi IMAGE EVALUAi'iON TEST TARGET (MT-3) // V 4^^ y (/. 1.0 I.I l:^ |2.8 |50 '™^* It i;£ 2.5 1-25 III 1.4 2.2 1 2.0 1.6 7 Sdences CoiDoration 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 I s .^i^ 4"^^^^ <,^ 4^ 4-^ m^. % v . "^ i/x |i''i^i: 458 REPLY TO THE ATTOI^NEYJ GENERAL. i;; ; lizecl political power, (licy -wore not to have n monopoly of the elegant manufacture of political pasquinade. The Lord of the Bedchamber dcscriljes the perplexities and conflicting feelings of the Governor and his advisers during the fourteen day.>' debate on the address in the win- ter session. If the writer has gone too fai", let gentli'meu Ijcar in mind the extent of the provocation. Let it not be said that Lord Falkland and his advisers were not answerable for what appeared in The Morning Post; that paper was edited and owned by the printer of The Gazette. The government had the command and the direcliijii of botli. If a per- son kept a brothel and a boarding-house under the same i-oof, and if the former was a nuisance to the neighborhood, could those who frerpiented, and patronized, and encouraged tlie proprietor, plead that they were only accountable fin- what was done in a single suite of apartments ? I think not ; and, acting on this principle, I have claimed my right to hold the Lieutenant Governor personally responsible for all the defamation published by the organ of his government — ])y his paid othcial servant. I may have been right or wrong, but I fearlessly avow the fact. Mr. Howe here referred to and read the poem* complained of by the At- :y I ii(. ; f V4 o.i *TIIE LORD OF THE BEDCKA5ICER. I'YTTE THi: riRST. The Lord of the Bedcliamlier sat in lii>: sliirt (And D dy the pliiiiit was there), And liis feilin^^s appeared to he very much hurt, And his brow overclouded with care. It was phiiii, from tlic fhisli tliat o'crniantled his check, And tiic fluster and haste of his stride, Tliat, drown 'd and hcwildered, liis brain had |,'rown weak, From the likjod pump 'd aloft \>y his pride. "No answer ! The scoundrels, how dare tlicy delay ! Do they tliiidv that a man who's a Peer Can thus be kept feverish, day after day, In the hope that their Sjieaker '11 api)ear. "The Goths! lias not J , * my leader,' so cute, Stood up in his place, and declared That, whenever it happens my humor to suit, To do justice to all I 'm prcjiared ? " IIow dare they delay, when a Peer of the Realm, And a Lord of the Bedchamber, too. To govern them all has ])ecn placed at the lielm, And to order them just wiiat to do. llic elegant Jcdcliambcr ovcrnor and in the win- j;u- in niinJ i-,l Fulklantl 'he Morning ["he Gazette. 1. If a pcr- )f, and if the ) frequented, at they Avere irtment.s ? I ri"ht to hoUl ,c defamation hclid servant. fact. Mr. of by the At- reak , REPLY TO THE ATTORNEY GENERAL. 45D torney Gencrah He kept the Ilon.-e laughing for ten minutes with ludicrous eoninicntaries. Tlie Attorney General hp.d bitterly eomplaiueJ of the opening line : — " The Loril of the Bedchamber sat in his shirt." " Go D (ly ; ^o T) dy, ami toll them from me, That like Oliver Croni. 1 '11 come down, My orderly sergeant niace-hearcr shall be. And kiek them all out of the town." Tlicn 1) dy the idiant looked puzzled and grim, An he made a salaam with his head, But ventured to hint that it might not, for him. Be (luite safe to repeat what was said. " They 'vc got some odd notions, the obstinate cre"V, That we are their servants — and they A sergeant have got, and a stout fellow, too, Who their orders will strictly obey. "Besides, though the leodcr and I have averred. That justice they soon shall receive, 'Tis rather unlucky that never a word That wc say will the fellows believe. "Their satire and arguments freely they pour; In their numbers and talents they glory ; And your bedchamber title they '11 care for no more Than they did for my bedchamber story." Then the Lord of the Bedchamber stamped and ho swore, 'Till D dy look'il pale as a sheet. And was ((uietly edging away to the door, In the hopes to effect his retreat. "How now," cries his Lordship, "deserted by you, I hope you do n't mean ' to retire ; ' Sit down, sir, and tell me at once what to do, For my blood and my brain arc on fire." Then T") dy, bi.nvildcrcd, shrank back to his chair. And protested he 'd fight till he died ; But he looked like a beautiful cast of Despair, With the Angel of Wrath by his side. " Suppose," and his voice half recovered its tone, " You ask them to dinner," ho cried, ' And wiicn you can get tlicm aloof and alone. Let threats and persuasions be tried. I c r ;; ^il ■1' Ml 'i-- i •!; } ;l{ ■) Rill /'fc ■^ ■'' J »:; 'Ni! ' 'n' il : :<■> ■ I i tfi;v D JU:M 4G0 REPLY TO THE ATTORNEY GENERAL. Mr. Howe said (hat it was the first lime he had sii.-iicetod tliat to hint that noljlemcn wore shirt^J, av.'b a grave ofFenco, (o l)e pro-eeiiled, in \\h: high court of Parliament hy an Attorney General. Had tlic^ author said that the Lord of the Uedehambc'r had no shirt, or that it stuck through his ])antaloons, there iniglit have l)een good ground of com- plaint. There was a little poem of Hood's, that began thus: — •■'With fmu'cis weary and worn, With cyc'Ud.s Iieavy and rod, A M'oiium sat in unwomaidy rags, riving liL'i- nucdle and tliread. Stitch ! stitili ! stitch ! In poverty, hunger and dirt, And still, with a voice of dolorous pitch, She sang 'the song of the Shirt.'" The author of these lines has recently been pensioned, and I have no doubt, whenever our " Song of the Shirt " is brought to the notice of Her Gracious Majesty, which it must be, now that it has become an im- portant state paper, she will be equally mindful of the merits of the author. "If you swear you'll dissolve, you may frighten a few, You nuiy wheedle and coax a few more, If the old ones look knowing, stick close to ilic new. And we yet opposition nuiy iloor. "For a month I have lahorcd divisions to sow, And S y has lieil like a Turk, And ]\r r has feasted, and J you know Is nearly knocked up with hard work. "But still, in close column, they stand and they fight. And the country is getting on fire. And the (ounty of Hants sent a S([uadron last night, To ask W at once to retire." "I'll do it, my D dy — I'll do it this night, ' I'arty Government ' still I eschew, But if a few jiartics will set you all right, I'll give them, ami you may come too." jf The Romans of old, Avhen to Imttle they press'd. Consulted the entrails, 'tis said. Ami aigitmeius, it to the stomach addressed, ]\Iay do more than when aimed at the head. .rUDY, ;;«.;fi :ij II hat to hint Ucd, in IIh! the iiullioi- iit it .-^tiick n\ of coiu- 1(1 1 have no the notice of jcoiue all iiu- iierits of the JUDY. REPLY TO THE ATTORNEY GENERAL. 4G1 I como now to lh(! ])MIM'1' of the I'Uh of June, and mean to fulfil the ph.'dize Avitli which I ^et out, liy >Ii()wiiiLr that every ai'tiele in Thi^ Nova iSeotian, to wliieli the Attorney (ienei'al taki's cxeeiitiou, wa-> caHed foi" hy an insidious uhlieation, put llti'th hy the otlieial servant of th(! novenuncnt. 'l'iii>, wliich I confess I wrote, is an an^wt.T to a lonf^ one, in the Ivvccuiive organ of the OOtli of ^lay. That is eoarsc and brutal throngliout ; it accuses in(^ of wishing to be " at the liead of a tyrannical and oii[)res^i\e gdvernniciu." It reiterates th(! monstrous falsehood — a thousand tiini.'s repeated — that 1 demanded leave of the Lieutenant (ioveriinr "to lei me form a parly govermncnt," when I never proposed to him to form any Council, either befoi-e or after the elections, in which the conservatives were not to have had four or iive seats. As a speelmen of the high compliments [)aid to the opposition, it is only neei-ssaiy to ^ay that they are styled "a band of brigands.'' Was it to be expected, tlien, that I should put the buttons on the foils, in defending my friends and my.-eU' from .-uch an assailant? Out of live columns of calm and good Innnored argument, the Attorney General has selected a single passage ; and tliat, taken in connection with the line of reasoning I have [)ursued, and the article to which it was an answer, carries with it its own jiistillcalion : — " "We shall now only say a word or two as to the 'personal attacks ' which we are accused of making ' on Iler Majesty's re[)resentative,' and on this subject we shall speak out plainly and distinctly. "When a Governor descends so far as to publicly accuse men who have served him faithfully, of attemi)ting to * wrest the prerogative,' because they differ in opinion Avith him, and retire from his Council; wdien he accuses them of ' pi'etensions, ' when they counsel him fearlessly, as they arc sworn to do • when he refuses to the Speaker of the Assembly the olli- clal courtesies which are his due, because that officer acts independently in the discharge of his public duly ; and seeks to curb, by a boyish pet- tishness of resentment, all freedom of action and sentiment in politics, he places himself upon a much lower level than the liberals of Nova Scotia think a Governor should always occupj'. For our part we have no hesitation in saying, that he no longer represents, but that he mis- represents our sovereign; and, so far as we are personally concerned, we would not allow the proudest duke that ever stood behind a throne to play such antics in Nova Scotia, without letting him feel that there was at least one person in the Province a little prouder than himself, and quite conscious that — ' The rank is but the guinea stamp — A man 's a man for a' tliat.' 39* ; I J 1 ( 1 :' jl ! . -4 '.'ii ?» >t 1 ■I , ] 'i i 1 1 ' :l ^^ 4G2 REPLY TO TIIK ATTORNKY GKNKRAL. "As to tlio stiitcnK'iil lli;it Hi--. Tii)i'(l.-li!|( 'liad wi'illcii liiinsclf down,' the ()|)iiil(iii is very ciiri'fiit, aiiimiij; tliosc wlio Iiavc cxaiiiiiictl tin; It'ttciv, spci'dies, and ^lal<' papciv, Avliicli liave hccii issued rnuii the Executive dtiriiiif (he last year; hut it is well known that Ave hold his advisers ro- sjionsihle I'or iIkx-, and ihat when we speak of the (!overiU)r, in those political essays, we hut rei'ei- to and criticise the acts ot' his Executive Council. W ihcy knew their thily, they would apply to themselves every attack, every joke, every >arca-in, without thi'uslinu; the (Queen's re[)rescntalive into the front of the hatlle, to receive the shots, and return the tlr(>." Let in(( now direct your attention to the paper of the I.">lh July, and ask aj^aln what »'ab ' t(j sid)mit absolutely to their dictation ; to have no judgment of his own ; to bestow the ]iatronage of the govt'rnment exclusively on their partisans ; to proscribe their opponents, and to make some public and unetpu vocal declaration of his adhe>ion to these conditions, involv- ing a comi)lete nullification of Iler ]\L'tjesty's government.' " Surely, surely, Lord Falkland cannot wonder that these gentlemen, and their friends, are not very measured in their expressions, Avhen his paid official servant, the mouth-piece of his government, puts forth such barefiiced lies as these. The epithet may be strong, but it is the right one to use in such a caic. In the name of the ex-Couneillors, on the house-tops, before Lord Falkland's face ; aye, in the presence of the Queen herself; wdiercver and Avhenever this charge is brought against James McNab, James B. Uniacke, and Joseph Howe, to our dying day ItEPLY TO Tin: ATTOltNEY (lENF.RAL. 403 H'lf down.' tll(! It'tlOlV, KxiM'iitiv<^ or, in tliose I Kxoc'Utive tlicmsc'lvcs ho (iucen's shots, rnul li July, and The iinswor jiovcnimcnt 11 ; to submit own; to be- )!irtisuns; to uno(iuivociil the complete gc, bail said: ^ opponents : ireedom. Is dained of by- quoting the e, IIowc, and no judgment 'xclusively on c some public itions, involv- e gentlemen, ons, when his luts forth such it is the rigbt cillors, on the cscnce of the rought against our dying day wo will pronounce it ii l)as(', b];ick lal.xhooil, without a >ha(lo\V(ir I'oinuln- tion ; y('<, and add. that no man knows bttli'r tlial il i> >(), than thi' 'loiilchian wlio thus instruct- or pmnils his underling to dri'anie men, whdii) tiic plain uii\ arui.-Iicil irulli cduld not iniiii'c." AVas tills language too ^li'iniu? What was the eharge ? Treason, disloyally, utter prostration nl' the royal authority, and " base black falsehood," wnsth(M»nly term to apply to such a slandei-. Let me cpiole the proof thai it was so, which the Attorney (icneral conveniently forgot to give : — " Xow what are the facts? We speak of (»ur own personal share in this charge, and of oiu' own expei'ience. \\\\\ tlu! public bidievc^ that in three yi-ars and a half but one apiKiintment was made Iiy our tulvice to which Lord Falkland evinced the .-lightest repugnance, and that that was the re;i])pointment of an old servant? Will they believe that in every other, for reasons deemed satisfactory to 'his own juilgnient,' he gave a cheerful and full concurrence, and that these amounted to hun- dreds? '• AVill the country l)elieve that in every act of administration, through- out the whole period that those gentlemen thus deliuned were members of Lord Falkland's Council, a most res[)ectful deference was paid to His Lordship's feelings and opinions; that in no one instance was any thing pressed upon him to which he entertained a decided and strong objec- tion." I come now to another of those satirical poems,* which the Attorney General declares is "so indecent" that it cannot be read; and really, if it were not lor wasting your time, ]Mr. Chairman, with such trifles, I would read the whole of it, and let the connnittee judge of the text and the commentator. It is a letter in humorous verse, supposed to be writ- ten by Lord Falkland to L(jrd Stanley. It appeared in The Nova Scotian on the 20th of November; but the connnittee will bear in mind that it was })rovoked by two letters of the same description, ])ublishcd at my expense by the ollicial printer just ten days before. It com- mences — "Jh- Lord, I)y this mail, wliicli I luivo not dotnincd, A few linos iiiiu-kcd ' private,' to write I'm constrained." This was only a fair hit at the government for the detention of all the corres])ondence of the lower Provinces, because the Governor's advisers were too careless, or too stupid to Avrite in time an official letter to the oflicer in cliarge of the steamer. We have asked for the correspondence on this subject ; it has been refused. When it is necessary to denounce i :!| i, ■ I I t if I L; * Sco Append IX. 401 iM'rLV TO Tin: attornky (jknekal. 'Vil,! mi0i 9' :■■ II ' . !'■ !i !;nii|H)oii, or drpiMNc llr r M.ijrsiv's li.'L^rs of III.' iiiiiocciit privilof^o of lauuliiii.--. \vc li;i\c u'lavc di^palrhc^ in aliiinilaiirr ; wlicii llinii-aiids of lot- Irrs ami liiiii(li-(i|> oC ll siikI- dl' pounds, in orders I'oi- iiisiiraiicc and l)ills (li r\<'liaii::(', arc ilclaini'd here a lol•tlli^■Ilt Iiv 'jross i^noraiicf or di'i'clic- lioii ol' duly, iiiliirnialioii is denied. I'li; Id (irocccd willi llie nuL'try : — " III my |iiililii' cli<|i:ilrli, my |Mi--iiiiiii, cii licau, Is set ell' III (III' ^^-ciitc^i :iil\iiiit:i-,i', yi>ii ki.uw ; WlicM ymi rciiil ii, you'll tliink I liMvo iiotliiii;;- to Ikhv me, r.iil .nil diiviii-- liliii' N.iM's, like |,(.n!in, lidurc iiii.'. 1 am Mirry In dwn, lnu llic tail miisl Ijc slaicil, 'I'lic ;:ami' is all ii|i,aiiil I'm laiii^ clu'ck-iiiiitiil. 'I'iic I'eailiiT ill ('liiiiici'i' wiiii |:ii(i>c ill iijs hrccclics, Was l.iMiaynl Ky ijn' iii'i K iiccjiiii^'' tlinuii^li tin" loose slitelics ; Aiil I iiiir-t acknowledge, iiiilortiiiiale .-iiiiicr. As my t:riel's are eiilar^iii;:-, my lireeclies ;;-ei iliiniior ; j\ii(I 1 t'cel, if I ilo iim Mioii make a (lean lireast, Thai, t'niiii wlial yon oli.-erve, you will -iie>s at tlie rest." I f'cai- lli.at tliis tdliisioii !.i His lv\<'(dlency's hiTcclies 1^4 I'cgai'ilctl by tlio .Ln.vofiiineiil with ;is mneli alai-ni as llu- Ibniicr rclcrcucc to the startling i'act ol' his ufarin^ir a shirt. " Unt while talkiiii;- of j^cese, it is said, in some rnelioii, 'i'hat luiiiu', liy llieir eaekliiii:-, was .saved from destruction; The link of the IJonian runs not in mvliiie, For I am destroyed liy the caekliiii;' of mine." When this was written, liohlly as I fstimalcd the discretion of Lord Falkland's iidvisers, 1 did not think they w<'i'e .stieh geese as to come CiK'kling to the Asscnihly over siieli vi:alii'i(' nni-r, will
  • :~iii,;j; rnmi llic-r lopii'-. in jii-llci' lo iiiy-<'ir, I nni-l make (Hic, or two (discrvatloiis. 'I'lial I know wliat i-- diU' (o my -c>\ iTci^n'-; rr|irc- sciilalivi' wlini llir dl'iiiily ol' lii> Iil^'li elation )■; ai|ri|iiati'ly -iHlaiiicd ; wlii'ii poliiical warl'arr I- coiiiliicli'd witliiii lln' Imiindarir- of iIk,' ('nii-li- lulinii; wlicii |)(r~oiial )ccliii,i:> an' iii»o^ilioii like ,^eiilleiiieii, and becaii-e, Iiy llic men who stislaiiied liiiii under the leailersliiii oi' my learned liieiid i'rom ('a|)<; IJrelon. and llio-e who dilfei-ed with ihem on iirinciple, all llie courteous observances of chivah'oiis waiTar(! were maintained ; we .-ahileil each other as the liist volley was lired, and drank at (he >ami! stream when the balth; was over. I-'or the more harharoiis style oi' warfare which has come, lately into voi^ne, the o|i|iosition ai'c not to Idaiiie ; they lail, fol- low the mode sel liy His Lord lii[rs advisers. I re;_M'el the ehaiiL^e, for I well remember, when standing in (he crowd a( l.oid falklanifs first levee, Sir Colin Camplxdl thus addres.-ed me : ''Mr. Howe, (hen; is my hand, we fouifla, it out bravely, for each (houj^ht he was ri;rh( ; you treated me like a f!;en(lemaii, and 1 cheri-h no unkind I'eelin.i;." Such are (lu^ (erms upon which llrilish (ioveriiors and l»ritish colonists shoiiiu part; it will be always so, wdien those wdio represent the sovereign r«;- speet themselve-;, and respect the I'eeli igs and the rights of otlua's. Ihit it is said I praised Lord l-'alklaiu! ii" 18 12. 1 did ; he had (hen done nothing undeserving of commeiidati ■ I sjioke as I felt. I speak now IS r feel, with (wo years of ailded exj. Me nee ; und aflei", misled by bad advisers, he has i-ominitlcd innnmerahle hhuKh^rs. II" I |irais(;d him in 18-12, (he Attorney ( Jencrafs friend hissed him; surely theri; is as mueh inconsistency in flii^ one ca~e a> in IIk' other. ]\Ii'iii!)ers of Council lauded my magnanimity in Is 12, who are now parties to this miserable proscription. The papers that sustain Ilis Lordship in IS IT* tcenieil ■with scurrilous imcctive in IS 12. AVIial ha- produced the change ? Am I ihiMinly inconsistent party of the whole -^ 2s'cillier are inconsi.-tent ; His Lordship has forfeited (he coufideiiee of his old friends by the very il ;' : ^Mi¥ : l ? i ■il*t M ,1- i 'Pi 1 1 p(il\(' iM'furc liis liCc was ni<'na(X'il. The ]Moor is tlic same man in llic lil'lli llial lie is in tin' (iisl aiM of ihc play ; Itiil liis wlmlc fliaraclcr lias Iicen clianjjjci' : tlie wily laifo lias poni'cd a leprous disiilnicnt into Ids car, lias so pracliccd on his nublo iiaUirc llial ho I'anis like a maniac, and dolroys ilic wile of his liosom in his ra;^e. A man may have praised a rnu! horsni' baek, after a('i'e[iiing the term- and ('(indilion^ of the iinn- ; but if we iiail, om' eharacnrs wonid have been wi'eclxcd. and we wnnlil have had as mucli inllnenee a^ lhre(! nd lienin;_r<. Ili- i'lxeelleney is also indueed to assnine ;ireal credit for laKin;^- '• llie Iniliiilive >ie|i." in this neifotial ion. Why, who .-lioidd ha\eiaken il r wlioeonld lia\e taken it l)nt His I'vXeelleney ? Sappo-e an I'lni^di-ii .-lale,~nian were m lake ihe. '' initiative >lei)," and tinMistinic hini-ell" into ihe royal elo-el, dt -ire lea\ e to l()nn a ealnnel. Would he nol be kiiked unl ? Snppo-e we. iiavini^ retired, had gone up belitre any ne^jjolialions iiad been o|ieiied wiih \\<, and olfered a proLirainnie of ;i Couneii. wliat would Hi- i-ni'd-lii|i have said? Sir, the ''initiative ~lep,"' in liuinini; a ( Jo\ei'nnienl, nui-l lie taken by the sovereijj;n or her repi'ecnIatiNc ; and to boa-l of takiii'j,- it, i.s abunt as wise as it would bi; for a ueiulenian in a^kiuLr .a lady's hand, to desire her to behold the highest ]iroof of his alfeetion in the faet of his "taking the initiative step." Then we are told that His Ivxeelleney is apprehensive that the pulili(' good will be sacrilieed "at the shrine of ()arly eonllici." When IMi-. Al- nion was appointed, it was to prevent the inirodiu'iion of " party jiovern- inent," and to "allay party I'eelin;^'." Ii ha-, as we warnecl His l^xcel- lency, established party ^ov<'rinnent ami exasperali'd pai'ties, williouf being approved eviai by tho.-e who Jiave been indneed to sanelion il by the pressure of executive inthienoe. I know not how l>rili-li institutions arc to be worked in this or any other country, wiiliont parly feelings and attachments; and surely, the nobleman at the heail ol' the govermnent >hould regard these necessary evils with indulgence, seeing that he beh)ngs to a party that convnlseil all I'higland to earrv a. public measure, and gave IJristol Wn- two days into the hands of a lawless mob. But if we examine this story of "justice to all parlies" a little closer, throwing all Lord Falklamfs projects for the formalion c)f a government together, what do we find ? That the old Tory party would have had twenty seats in Council, and the \yivd frienls of the new system twelve; lliat in no one proposition were the liberals to have had justice. Look to the ap))ointments throughout the year; every olfice of emolument given to their own party; five magistrates commissioned in this county, four of them on the same side, liut mark the stipulation-; demanded of us: the Attorney General, who set the exampht of agilatiun in 1810, required us to promise that we would not agitate the country ; all our I '" 1 ■V,, ■n ■ u i, ;' 108 nr:pi,v to Tin: mtorxky (iknkral, •li: ;'i m I T In-: I .11 ■;■''' I '. Iff i,.'i,i . mm 'JIv*,uiJ': M II \} k^ ''1 Hi * Jlin 1 tncn^iin'-; wcit to ! |»o.||kiiici1 lill tliii->' riniiiiMliii;.' fVoiii iIh' I'-xcciilivc " wrif di-po-cd of. ^\'lly. >\v. We liaxi- Wiiili'il l\vi» criliiT >( --ion-. miuI not II siii;.''li' iiic'i-iirf li;i- liirn prnilin'cd. ()iliri-i wniilil. ilun, li.ivi' liciii iri- (h'liliili'ly |i(i-t|Hiiiiil. Iiiil we wci't' |(» 1 viiiilnl ill ccrlaiii iiiMllfis " by lliDH' wii'iiii wr Kmw wrrr no .^mI'i' uiiiilc-; \vc witc "lo >lMtt' oiir roiiciiiTciicr on iiinlhT- oC iiii|iortiiiii'i' " \(yy (jiinily >li;i(lo\V((l I'orlli; to jrlvc " M ilirrcj i(iiiiiicI;ition ol' a lied to the world as eviih-nce of onr heterodox opinions; our phiin t'raiik aii-wer lieini: ■tiulionsly williladd. We were in the situation of jrciiilemen invited to a dinner, luil rcipiired to pledge ourselves that we would neither pick our teeth with the forks. nor spit on the drawiii,g-i'ooni fender. The olfen-ive laiiizMaL^c of the in- vitation preelndecl the possibility of its acceptance. "We re>pectl'iilly de- clined ; liiil where is our answer ':* AVe wrote one : where is it i:* Why was it not sent to the Colonial Secretary? l'"or the he.-t of all [lossihlo reasons, — beeanse, if il bad been, it woiilil have been no Ioniser ])ossiblo to misrepresent llie moderation and eonstitntionality of our opinions. [Blr. Dodd here explained, that he was only empowered by Lord Falk- land to require a simple '* yes ■' or " no."J I diil not so understand it when the letter was delivered; I did understand that the learned {gentle- man liful no authority to enter into a j^enerai negotiation, to propose or to accept otlier terms. The best prtiof that we did not eon.-ider ourselves debarred I'roni giving the reasons of our refusal is, that a letter was drafted, copied, and handed to that gentleman. It is said it was not shown to Lord Falkland. Why? The conniiittee will guess the reasons when they hear the letter. Mv. Howe then produced and read the fol- lowing letter: — IlaUfa.r, -11 th Fehn/ari/, ISM. Sir, — We have maturely weighed the jiroposition made to us in the letter from the Lioutcuaut Governor, put hito our hands yesterday, and XCClltlVC I-. mill not (• licill ill- 1 iii;ill<'l's ' >i!ih' tiiir 1 I'orili; to lioli-i'list', el a ini\<'"l 1, In -il in licll IrrillS, I ry man in lliry meant lie; if they ry valiialilt^ U said, wo It we feared [■ wv. tleiiiecl IT was sent ciiei' of oiir ly willilK'ltl. l)iil re(|uirecl ill I he fork-. " of the in- )eetfiilly lie- it? Why all [lossihlo l^er jtossililc ir oiiinioiis. Lord Falk- iiderslaiid it irned ji;entle- iropose or to • !• ourselves I letter was il was not ;s the reasons read the fol- Kiri/, 1841. to us in the eslerday, and lit iti'.ri.Y TO Tin; ATT(ti!Ni:v (;i;m;i:.\i,. 4G9 our il"]il>eiiiic jud;,'menl I- thai we ouuhl iini, iiinli r pii cut eiicuiu- slaiiee-. Ill jilin ihe e\i-lIiiL; Council ii|inM till' term |ii'i>|iO'i il ; ;iii,l that if we dill, ill-lead of |iermaiiiiii'e and liainjuilily heiii;.' the rc-iili, wi sIkmiIiI liiit e\|io-e oiir-(d\e< |o a lo«- of eoiifnlenee and inlhieiH'r in the lloiix' and in ihe eoiintry. wilhoiit luiiiiriii;.' any I'eal >li'eii^'!hlo ihe ^'ov- ernnieiil. Il i- not iien--ary lin' u-* to -lale at larire the vironnd-i upon wliirli llii- o|iiiiion ha- linn fnrmnl, ■,\< we are reluelani lo -rem lo freneli, in the >liulile-l de'.'i'ie. npoii iIh' iiiile|ii'iiiliiil e\trei-r oi'iln' pre- ro.L'Mlive. We have not only no de-ire "to -aniliee the u'ciieral ;:ood at the .shrine of parly eonll'M't," hut may add, that il would tilve ii> L'r<'at plea-nre to he ah|e, with eoii-i>|eney and honor, to ;.'i\e III- l'',\eellciiey the |,iiiit('iianl ( !o\ ciiioi' our he-l a--i-lani'e in the eon duel of iln' adniin- istralioii. provideil -neh ehaiiue were made a- would olniale thr appear- ance ol' a party lrinmi>h, woiiiidimLT to our feeling;-, and di la-teful to those whose feidinjis and intere-ts we repre-eiil. AVilh rcL'ard to the jj;enei'a! princi|ilcs of iroveinineiit appliralde to these Colonic-, it i< only neccs-ary liir n- lo ,-iale, that we ha\c always adhereil to tho-c llowiii'i' naturally from the impnrtanl dl-palehe-; com- mmiicated to ihe puhlic, «anclIoiiiil hy the < lovcriior-( 'eneral of Canada, always frankly a\(iwed hy Lord I'^alkland ^ince is |il, and, in |.s|:>, cni- hodicd, wilh his eon-eiit, in the wrillcii -talemeiil eommnnicaled hy yourself lo the A-semhly. '• Xmnerical rcpreseiilalioii " al ihe Coniieil, has never hecn inliould possess so much of piihlie eonli- deiice, and ('ordial and ireiieroiis snp[iort, as will lead to the hariuonioiis t'ondiiet of pnhlie adiiirs. We tru-t we need not enlarj^e on thee lopics, a< we have iVeipiciilIy discussed them with you, Jiiid are not awan.' that there exi-ts helwee any serious dill'erenee of opini n us on We have the honor to he, sir, yom- ohedient servants, Ja^iks 1). Umacki:, .Tamks MeNAi',, do.-i.i'U llowi:. If th.'it letter had jrono to the Colonial Soorotary, wc eould not have, been aeeused throiii^hout the year of wi>Iiing to "wrest ihr prerogative," " the in(h'[)endent exercise" of which we fully n-eovrni/ed. Wo eould not liave been eharaed with forcing "]i!irty govcrnmeiil," whin wt- had declared onrs(dves tmly desirous to '"ohvialethe apjiearanci! of party tnuini)li." That letter would have furnished oui- ju-tilieation to all the 40 I ' '.] , I t J r-' ^■i^^ P 1 It" h'w' n ') 1 i 13 If »;}.: i i l!;f ■i' 1-- Hi 470 KEPLY TO THE ATTORNEY GENERAL. workl, unci the Ilou.-e and tlic country will rc(iuire lu know why it has t-lept Ibf a year in the Sohritor Gent-ral's iiookct. [Mi', llowo al^o, at Mr. Dddd's r('(nic'st, rd'crrcd to ami read a note from that gcntk-raan, ckilcd :2Sth February, giving, as a ica^on for not prosintiug tlie k'tter tu the Governor, tlial lie consiih'red the negotiali(jii closed.] There were two passages in the original ih'al't of the h'tler, >aid IMr. llowe, which ivcre struck out of the copy handed to the k'arned Solicitor General, be- cause we did not care, in such a nfgotiati(jn, to nndli[)]y words, or accu- mulate debateable nuUter. As tliey convey our c)pinion.s upon two points touched iu the letter from Lord Falkland, more co; '. dy than I can express tlieni, with the [)erniission of the committee I shall read them : — "Agitation of the country upon any topic not involving the char- acter (jr measures of the government, we deprecate. Two of us have never been pai'ties to any su'-h movements, and the third was i-eluctantly compelled (wiih His Kxcellency's permission) to follow, U[)on the ques- tion of education, a vicious example, set lor lour or live months, by a prominent menJjer of the present ICxecutive Council. "That a Colonial (iovernor stand.-, in all resjiects, in the same relation to the Assenil)ly that the sovereign does to the House of Commons, -svc believe is not held to be sound doctrine by any partv in our Assembly, that he " can do no wrong,"' in the comprehensive .- use applied to the sovereign, we have never heard advanced. Acts f Parliament, dis- patches, and instructions, nnist bind all Governoi's, iri ijendent of Pro- vincial legislation, and the responsibility to his sovere n, which a Gov- ernor can devolve; on no man, includes the possibility < wrong-doing, of which he from whom his authority is derived, only cai udge. The doc- trine, as stated in the recent debates, we understood be this: that the members of Council are bound to defend the Gov( lor'a acts, and, in Parliament, and elsewhere, ought to be charged will vhateveris wrong in the conduct of the administration, in order that the representative of Majesty may be at all times ]»laced in the mo.-t exalted and gracious as- pect before the people over whom he preside>." Here, then, is our view of the doctrine of Fxecutive responsibility. It coincides with the opinions of all the leading Canadian statesmen, on all sides of politics ; and, at the time it was wrilten, we had in our pos- session a {)amphlet, prepared by Sir Charles ^letcalfs government, in ■which it was stated with clearness and precision — a i)amphiet said to have been sent to England with his entire approbation. 1 put it to the committee, then, ilj under all the circumstances, we did not act with llrmness and discretion, holding stoutly to our own rational opinions, li!l ' why it has lowo also, lit t gentleman, the k'ltcr to Tlioro were [lowe, uliieli Gciieial, 1)C- ;nl.-, or aeeu- is ni)on two : 'Ay tlian 1 I shall I'caJ ng the ehar- o of us have as reluetantly [)()n the ques- uiunllis, l»y a same relation Connnons, avc )iir Assembly, iipplied to the irliament, tlis- dent of Tro- whleh a Gov- ong-doing, of re. TIic doc- this : that the lets, and, m tever is Avroiig escnlative of id gracious as- rcsponsibility. talesmen, on id in our pos- overnment, in nphiet said to I put it to the not aet with onal opinions, nEPLY TO TTTE ATTOT.'NEY GENERAL. 471 ho'^ed upon sound ]iriniMples nnd llie best authority, and declining to swalii»\v tlin been ad- vised to pursue. I entered his govermnent in ISlO, under difheidtie-^ which i'fW [xililic men would have encountered, with no other object than tem to which my public life is pledged. AVhatever may be thought or said by my enemies, it is not in my nature (o have conlidenc(> and kindly intercourse with any man, without f('eling an interest in his ■\vellare. From what I know of Lord Falkland's peeidiar temperament ; IVom what I know of those who sur- roundi'd him; from what I saw in the papers, and in the letter of the 21th of February, I was (piite satisfied that, unless some vigorous step was takcTi to prevent it, he would be brought into violent collision with the wliole liberal party; and that, from tliat moment, the character and efli- ciency of his administration would be at an end. Down to the close of the negotiation with Mr. Doild, and f(tr some days after, though I could not sacrifice public principle, I would have burnt my house over my chil- dren's heai 'i',i' ' \rpmn 1 I p \i ^Sfv Loud, — Tlif small niajoi-iiy whicli supports your govornmont, and liic strcuLrlli oi'tln' njipD-iiiou, make it (li'siralilc. Tor tiic jd'acc of the oountiy, that thoro should he sueh an an-augcinciit hetwccn the couteiKl- hig purtii's as will give (he recpiisitc support to the adiniui>t ration, and at the same time he satisliiclory to the eountry. This eould not he done on the hasis pr<:)[)osed in Your Lordship's letter, for various reasons. I think it may he accomplished, if two imlividuals, oik" oh each side, to •whom .-troMg exceptions ar(> taken hy the advers<' parties, uere to waive their claims, for the sake of peace, nnral party was changed. "With these plain facts before them, this committee will judge whether I have deserved, at the Lieutenant Governor's hands, (he treatment I have re- ceived ; whether the charges of selfishness ami ambition, showered upon me by the government scribes, require any other answer. Let me turn your attention. Mr. Chairman, to the subsequent negotia- tion in .Tidy. The responsibility of rejecting the overtures made, rests not uj)on me. I do not complain that, in this case, the notes which passed are published; although I nuist confess that, in my judgment, (he mode will be i'ound strangely inconvenient, if it is to be Ibllowed here- Dvonimont, cacc of the lie contcnd- l ration, and not be ilonc r('a>ons. I ach side, to ■re to waive s Avoidd be laking the.-c lid eoneur, I of my Yi<'ld- • rd)cral lesr? tlie feelings idual on the losing that I such an ar- nld pveeliide ; wari not a •ant, 'II Howe. 1 one singh"! ,ns" dispateh read to ^Ii'. ition in The mged. AVith ther I have t I have re- lowered upon [uent negotia- vs made, rests notes whieli judgment, tlic bUowed herc- RKrLY TO Til 10 ATTOIJXKY GKN'KRAI. 473 after. At home, negotiations for the foi'ination or strcngthcuiii,' of a government, are eondiiclcd by the sovci'cign in the royal clo-cf, or throiigii some distinguished jiersoii. in the mo-t eoiilldi'ntia! manmr. Tlie main liicts involved in those ne'jrotiati( )ns are ( liscIouled which had been coniirmeil by no tribunal; the crown was made to accuse a suliject, without staling tin grounds of the accu-allon. Apolitical parly was aske(l to countenance ; to lie parlies to this strange impeachment ; to come inio the go\ ci'iiment, ami aitl their old enemies to plant their feet on the neck of an old friend. "What fol- lowed ? I speak not now of the conversations which oc(airre(l lielwei n the Attorney C^'ueral and my friend ^Iv. Luiacke ; of thetaii(l in tlic way ol" any I'aii- and lionora!)I(' aiTaiiiicniciit. Fi'orn tlui trralnnMit I liad rccciscd from liord Falkland, I had much to I'orirct hcf'oi-c, I t'onld cntci- hi< irovcriimcnt, bat that T would suppoi't if, ciihei' in or out, if my friends were salisdcd. On this basis, Mr. LJniackc was cmitowcrcd to ncifolialc ; and, whatever may have passed between him and otla-rs, 1 am (jnite satisfied that lie acted honoraiily up to the spii'if of his insfrnelions. FindinLT that the, proscription wa-* to be a negotiation. These are the facts, as far as they came to my knowledge, and the committee and th(.' coimtry can now judge whether '•the opposition were ready to agree to the e.\(•lu^ion of 'Sir. Jose|)h Howe." ]\Ir. Howe was willing, as n-^ual, to agi'ce to his own cxt'lnsion, but Lord Falkland's .-a'jfe Councillors thought more of revenue, than of his honor or the peace of the country. ]Mr. (.'hairman, 1 fear not the Judgment of the Colonial Secretary, nor of th(! country, when my conduct throughout this trying year, is fairly stati'd. The lime has come when I must do mvself iusti<'e. An honest fame is as dear to me as Lord Falkland's title is to him. His name nuiy be written in Uurke's Peerage; mine has no record, but on the hills and vallcjys of the country which God has given us i'or an iidieritance, and must live, if it lives at all, in the hearts of those who ti-ead them. Their conlideiiceand i'e>[)ect nuist be the reward of their public servants. Ibit if these, noble Pi'ovinces are to be preserveil, tho.-e who represent the sovereign must act with courtesy, and digiiily. and truth, to those who I'epi'esent the peo[)le. AVho will go into a (Joveruor's Council, if, the moment he retires, he is to have his loyalty impeached ; to be stabbed by secH't dispatches; to have his family insulted; his motives misrepre- sented, and his character reviled':' "What Xova Scolian will be safe? What Coloni-t can defend himself from such a system, if a CJovernor can denounce those he happens to di>like, and get up ]>ersonal quarrels ■with individuals it maybe <'ouvenient to di'stroy? Put, sir. the gross misrej)reseulatiou of my conduct and position, in th<> dispatch of the 2nd of Angn.-t, is nothing to the dishonor it heaps upon the lil)eral party. It jiainls them as ready to sacrifice me i'or defeiidmg them; as without leaders, principles, or union. Now, sir, is this ti'ue? "Was it true in August ? And if, without a shadow of i'oundatiou, should it have been palmed olf on the Colonial Secretary, under the sanction of the (Jover- nor's name ? "We are told that the government " had ac(|uired addi- tional firnmess iind stability, uilhiu a fortnight." If so, how did it 11 from tho my liiir ami I from Liinl niVfriiHiciit, ■re salisli'''!- Ill, wluiti'vci- tli'd that lie iiiix that the. V would not ;li(' i'act. and ^ iht'V caiiic 1 now jiahio wAim of ^Ii". L! to his own re of revongo, ;cciTtary. nor year, is faiHy '. An honest Tm name may 1 ilie hills and herilanee, and tread them, hlie servants. l;o represent ■nth, to those ■\s Council, if, to be stabbed ves misrepre- ^vill be safe? f a (lovernor onal (piarrels >ii-. the ji'ross !eh of the 2nd >ral parly. It m ; as -without iVas it true in 1 it have been of the (iover- ae({uired addi- so, how did it RKPLY TO THE ATTORNEY GENERAL. 4 ^ ." l.a ppon. that, in the summer session, del but one ([ur-iioii was rai-cil ? and upon that one, alter a deliate m wlni'li their leaiiers took tiie most prominent part, the views of liii' oppo.-iliou wer<> adop;ed? r>ut tiiey Iiave no "aeknowledLjed lead er, II ive they not Tl leii let there' be no mistake about that point liereafl<'r, for tiie oppo-ilioii "acknowledge" the Iioiioral)le and h'ai'iieil member for Cape Ureion as their leadei'. AViiellier iIktc is a waul of " eoncerl " ami " delerminate action'" this divi-iou will >liow. Ihit "IMi'. IIowe"s iulliience is greally diminished!" ]*ei'liapSM); Iml was this proved Iiy the addre-~es pi'e- sented to his Kxeelleiiey, or liy ihe eigiit or nine |iublic nieeiings siil)-e- qu<'ntly held? I think not; and if there i~ still auy doubt, when the, S])ring opens [ shall have no objections to lake my rod and go angling ■with " Scrutator," east or west, and di\ide with the governmiul ihe suf- frages of any county we may visit, if J do nol beat them iu them all. Sir, the only " influence" 1 have ev(.'r sought, or now po->es<. i- iIk? in- fluence arising out of principles steadily auions 111 ]''S |0 we embraci ,1 hem 111 a 11 sincerity; for three years we worke(l harnionioudy in ihe same govern- ment, retired for ihe >ame cause, and ali!iouL:li 1 know and aniireciate the diiricullies and the a rls liv which mv leariie(l friend ha- been sur- roum led, I must have l)(,'lter evidence lliaii the te-1 imiiiiv ol our oiiiio- iients, wiiooiial terest that would induce me to oppose the government t()r an hour. Ill I have conttMided — I am now contending, for jirineiple-, liir a .^y.-lem, •which I believe, if worked out with discretion and good liiiili, will bind these Colonies to the parent state lor a century to come. It i,- liecaiise these princi^iles have been violated, because their old enemies are in [ ■': 'I ill,,! - 1 i I ■' I i»t 1 1 1 '11 I 'I I (, ' .,1 ' ^[ !i in m 47G REPLY TO Tlir: ATTORNEY GENERAL. power, lliat I am in opposition. It is by a (Icpartiirc from j)rinriplc, ami ail alt('mi)t to proscrihc a llrilisli siihjcct, tlint I Iiavc liccn drivin to this (Icrciu'c. Tlie priM('i|»k's involved licrc arc illiisiralcd Iiy the history of our race. Had Charles the First not acted on likes and dislikes ; had he not yielded his eontideiiee to supple I'avoriles, and proserihed the men aoeejjtahle to lln' nation, Lord Falkland's ancestor miirht have died a minister of state instead of on tin' lii'ld of l)attle, and the nioiiarch might have saved his head. "What was the princifjle settled in 1088? It was this, — that no man should thereafter he [iroseriljed i'or opinions, or crushed hy court intrigiK! ; that every llritish snliject should he eliirl- blo to ollice who possesseil the conlideiice of the nation. H' the sover- eign were to-mori'ow to announce that siie would not have a particular statesman in her Cal>iiiel, the i)eo|)le of Kngland would, with one voice, address Iier tiiiis : " JMea.-e Ytiiir ^lajesty, we care not for the man, but there is a i)rinciple involved in tiiis [iroscri[)tion which lies at the foun- dation of our freedom." It is thus I feel. I care not for myself; liut let the people of Nova Scotia show less firmness and intelligence, and there will tdways he somebody to hate, or to proscribe; the sovereign's representative will never be IVee from personal s([iiabbles, and constitii- lioiial goverimient will be at an end. Sir, I deny not to Lord Falkland the I'ight to govern this eoimtry, >o long a- u majority, however small, sustains his adiniiii>tration. I ([uestion not his right to uubricly to denounce a Urili^h siiliject, within or beyond the limits of his govern- ment. I question tiie policy of splitting (\)uneils by injustice; j)ro- jiounding j'rinciples and denianding stipulations which nobody can un- derstand ; employing government scribes to defame public men, and then proscribing them for manly self-defence. I question the policy also of conducting public business with slender majorities. "We have the outhorily of Lord ^Melbourne, eontirmed by Sir Ivobert Peel, that a weak governnu'nt is u bad government. A contrary opinion has been ex- pressed here, founded on the belief, that I'rom a weak government any man may get what he desires. The same may be said of a weak woman ; but surely the strength of virtue and of principle is to be pre- ferred — strength to do what is right, to resist what is wrong. In con- clusion, allow me to say, that whatever may I)e the decision of this com- mittee, where I stand opposed by the whole influence of government, I believe that I have met every charge by a triumphant answer ; that those who have forced this defence upon me, and not T, will live to (ind their conduct universally condemned. For my part, I feel as a man principlo, I driven to ho history I (lisUkcs ; ;cril)('(l the litivi' dicil (' nioiiiirc'h in KIHS? r opinions, 1(1 he cliiri- tlic i^ovcr- particuhir I ono voioc, k; man, hut t the foiin- nysclf; hut iiit'uce, and r^()V(,'rcij^n's nd constitu- •d Falkhuid vcver small, veiy consti- nian Avhom |)uhlicly to his govern- ustiee ; pro- lody can un- mcn, and policy also e hav<> the that a weak ;is hccn ex- rnment any of !i weak s to he prc- r. Til con- ot' this com- )vernment, I mswer ; that ive to lind L'cl as a man 'i'T e OENEHAL r.nrLY. 477 may feel across Avhose path a nolile tree ha- i'alliii ; iIkiIIuIi, in il- de- scent, his ffanneiits may have liccii -dilcd, ami hi- life cnilaiiurrrd. he turns III <<;v/.i' with regrd on the pi'idi' ol' llie Hire.-I, I'allen linm \[< hiiiJi c.-lalc, ils root- lacerated and lorn, ils >tately Itranches cru:-lu'd, and its foliage (hiltering on every passing hreeze. Ten days of aniiiiaiiNl dljictissidii l'oll()\vc(l the diTivery of Ihis sjx'ccli, and into \vliicli all sorts of topics, ri'lcvaiit and irrclfvant, \\vyv draw ii. Mr. ]Io\v»> was not spared. I'iVcry iiuMiiber and snpportcr of the administration had a llini,' at Iiiin, and a slrani,rer, Avlio wandered into lin- lobby miifjit have sii})- posed that he was a maniae, who had attempted to ent Ijord Falkland's throfit, instead of a well-disposed person, as is now universally admitted, who was teaeliiiii,' His Lordship the lirst ])rineiples of julministration — the scieneo of Colonial iroycrn- nient. On th(> eleventh day of ihc debate, Mr. Howe took the floor, and for some hours made the House nn-rry at the ex- pense of the Goverinnent and its sujiporttu's : — jMr. Chairman, — 'riicre Is a good -loi-}- tuld of an Trl-liman. who was put in the pillory i'oi- saying that the city aulhorilics were no hettor than they should he. He hore the inliicllon willi exemplary patii'uce, and severe enough it was; for every silly fellow who expected an invi- tation to the ^Mayor's feast ; every servile creatui'e, who a,-pired to a civic odice, strove to win favoi', hy pelting him with conspicuous activity. "When liie hour expired, and a goodly ai'ray of mis>iles iiad accumulated upon the stage, the culprit, taking off his hat, and howiug polllejy lo the crowd, said, '• Now, gentlemen, it is my turn ;"' and, conuneiiciug with lii.s worslii[). jielted the crowd with great dexterity and ellecl. The Irish, ' -lio always nTi-h humoi', were so plea-ed v.ilh the joke, that they carried the man home on their >houlilers. I have no ex|)ectation that my I'ate will he quite so triumphant, hut no geulUinan will ([uestion my right to follow the exam[)le. I have sat l()r ten days in this polilicul iiil- lory ; missiles of eveiy calihre ha\e hurtled around my head; they have accumulated in great ahundaiice, and if my turn has come, llio.-e hy "whom they M"(;r(! showered have no right to com[)lain. As lir.-t in digni- ty, if not in accuracy of aim, perhaps I ought to connnence with the learned and honorable crown ollicers ; hut there; is an old Warwick-hire tradition, that Guy, hefore he grappled with the dun cow, tried his hand ujwn her calves ; and perhaps it would he as well, helbre touching the ii ^ '•! I ■■ It i"^ II I ! m : ■'■« ' }i{/ 'ill ' »1 s 'J ' •>' f!|: t 3 s 478 oi;ni;i:al i:i:i'LV. loarnccl Altonioy (lonoi'Lil, tli;ii I -IhmiM dispose of tlic slraii^fi^ pni^f^ny liis jiolilical sy~i(iii li;is wariiitil iiilo cxi-lciico. The ciijilc, iM.'I'on' ho liiis Ills cyt! lo llic iiici'idiaii, Ii'iinis to gazij with stt^'aihiicss on the k'sscr lij,dils liy which Ik; is .■.iirroiiiidi'd ; amh as ", love's sattcdiles aiT h.'.-s ihiui Jove," so nw. tlic Icariii'd leader's disciples iMl'erior to their master. 1 coiil'c.«> lliat I am a litlie at a lo.-s with wluch to '.»e;j;iii ; bul. roIh)\v- iiig the order iiiMlucii tiieyhave .-pokeii, the first favor is due to my lu)i>orabl(! friend from the coiiiily ol" I'iclou (^Ir. Ihdme.^). That j:;eii- Uemaii aiiide him. once or twice, in the edg(; of the evening, I half fancied I must he wi'ong, for din'ing a very long experience I had rarely known him right. He told me there Avas "nothing in my s[)eech ; " I will not pay so poor a compliment to his own, hut may say it was very like a page of 0:<.sian, smacking of '"the times of old," but having nearly as juueh bearing on I Ik; practical business oi' lii'e. To my honorable friend's man- liness and courtesy, I am willing to bear testimony ; but his reverence for the past makes him a very poor judge or expounder of the new princi[>lcs: like Old Mortality, he delights in haunting ancient places, and refreshing broken tomb-stones; while the stream of life goes by, and the ilowers bloom unheeded at his feet. lie fears that we dislike " the ungenial soil of ojjposition," but, we stand upon it still, regardless of the cxamph; he set us in 1812, when we tbund him, despite the admonitions of his friends, abandoning (he '* ungenial soil," and coming over to the richer mould of the administration. He proclaims that tlie liberals are c'harg(,'able with the public debt. This I deny. The whole public debt ■was created in those good old times on which he loves to linger, by the very party with which he has ever been connceted. Has the honorable gentleman ibrgotten, that, in those, halcyon days, £30,000 was lost in a sin- gle year, by a contest about fourpenct' a gallon upon brandy ; that .i'OO,- 000 more was wasted upon the Shubcnacadie Canal, and no man called to account? Froni 18o7, when the liberals acquired the ascendancy in the House, down to the i)rcsen't hour, not a pound has been added to the permanent burthens of the country; while the expenditure, on all lilting occasions, has been carefully reduced. The principle which we avowed eight years ago is the principle Avhich guides us now. We shrink not from anticipating revenue ibr im[)ortant public improvements, but con- tract no debt that is not to be paid off within two or three years. It would have been well if those who are so lauded by my honorable frien.l, had been governed by as wise a rule. lit.-rorc lio the U'SSLT li.v-s ihiia lit, Ibllow- Aiic l() my That j;cn- 1. 1 f.Mr, I he. r.iit I self seated I' i'aiK'ii'kirL of his uarmeni, lo-lmw the imlieciliiy of the stale>meii and warriniv hy whom was SI riMiinded. .\iraiii. when his crown otlici'i s ,-le[)l III the Irencli. David removed the pitcher and .-iiear fiom the Kiii,if'.> .-ide, to prove their incapacity. 'I'hesc innocent contrasts between the vigilance of the man he had injured, and the parasites who inllamed his pas-ions, had the desireil etl'ect ; iljr we find Saul exehiim 111''-, and who knows but that His Lordship may follow his example, — •• reliiiii, my .-on Da- vid; behold I have [dayecl the (liol. and have erred exceedingly." The honorable gentleman rcmiiideil th.; oppo-ilion that Lord John ■It J'eel brillL''s tllelll doWll. Kll.- -III) pports good niea>iires when Sir 1{ "We would do the same, if any were ln'oiight. Ihit our complaiiil is, that His Kxcelleney coiidiicls the government . have inlrodiieed no niea-ure- al all. Ibit did niy honorable friend ever hear of Sir llobert Feid complaining that lie could not coiidiiet the govei'iinieiit on his own principles, becaii-e the Whigs would not hel[) him? did he ever oiler them -(.'als in the cabi- net lo saci'ilice a ader, aiK 1 ll leii uenoiinci' mm, am 1 al »U.-e them, when the sag(! proposition Avas refu.-ed? "We an' told that my i'rii nd, ^Ir. Uniackt', wa.s not the leader in the last House. He was; if he bore his honors with less ostentation than his successor, he was the acknowledged leader of the government ii'om ]»> 10 to IS {.'j ; and that rank was cheer- fully yi(dded by his colleagues. IMy h()iioral>le friend fell< u.-, that my popul larily has d(>clined. I'erhaps ^o ; but he i or; •Is loadil. that if it 1 las I lost it I)y supporting Lord Falkland's niea-nres, and Lord F'alkland'.'^ govorninenl ; by >liiiriiig the nnpopnlarily of those with whom I was associated, and who have niaue so untrra teful II a return. lint IS t bl- ouse the test ot any mans poi)ularity now.-' W c; ail know it was ro tiirned before ]Mr. Almon's apfioinlmint, bei()re the retirements, before the proscription. The people of Xov;v Scotia have hail no opi)orlnnity of pronouncing a judgment n[)()n these aclsof iblly; when they have, Wv", shall see whose po[)ularity and iiilluence have declined. The honor- able gentleman gave ns a lecture oi\ decency, but if he turns lo my com- parison again, he will iind nothing which the most fastidious taste would reject. His namesake was condemned by the liuialics of l^dinburg, foi* writing the play of Douglas ; the critics have perished, but the drama :!:i i l«t l!;t'; HiM I i' li '• i i5' ' ! ^^;,::i. V'ili^ i 480 (IKNKRAI, I!i;ri,Y, .■lr(iki' of |iolic\, llic AnlilairLici"- lo-i a luciii- licr. and liu' ICirk sccnrcij a drai'on. Lrt MIC now (ui'ii lo an o|iiiomnt of a dill'ciN'iil -lyh' of miml ; oiui Avitli Ic-s oi-i;iinaiily lait hiuhiT '• iirdcnsions." That I ,-lioiild liavc. li\('d lo 111' char: •d wiih '• \ apid dcclamalioi hv the hoiiorahlc and learned iiicinlHr for Haul- [Mr. Wilkin-] was iiio>t indookcd liir. I liad ncr\cd iiiy-clf jiir c\ci'y ihinu' cl>c, hiil thai i|iiilc o\crcanic inc. lie, whom I lia\c -ccii dav ai'lcr dav clcai' llio-c hciichcs, iinlil \(iu, Mr. Chairman, sat like a -olilai'v \i<'l nn ; lie. w lioin tlic vcncralile I'rc-idcnt of the I. ct:'i>lali\ e Council a>>iireil thai he was imi ihc only .-nll'ci'cr, ^vIle|l he coiiiplaiiied of I'aliLiiie afler a lom^ oralioii ; he, whom I hcai'il thus aceo>icd hv oiu' of hi- own con-liliieiils al tin' nine mile river: A re M' nc\ er ua\\ n lo he d one. -ir. and let liie itiier man j'le n- ;i •reed?" Ila-- il lieen my mi-iiirlniic to oiiiIk rod Herod? lo appear tedious lo the ears of him who wear man ami 1 met on >e\cral occa-ions ies e\ eryhody cl:-e ? That gciitle- la>t Summer, and altlionirh llio ar;::iiincnl ma\' liaxc been all on his >ide. the tVeelioldcrs were j;'cnerally on inii'c. lie piilili-hi'd his speeches -iil).-ei|iienlly, and 1 was stroni^ly tempted to i-;snc a new cdilion of llicm with this liilc ; " Spceclics of L. 31. "Wilkins, y.-t[., >\Iiieli did nol convince llie people." A'apid doclainii- tion I Oh, no. >ii'. I caimol ailinit llie learned geiilleman to be a judge even ol llie arliele in \\ Iiich he deals. It lia< lieeii said that lan''iiau:cMV 13 riNcii us lo conceal our ihoiiLihls; it so, there has been sinful iirofiision in the ca-e of the leai'iied irentlcman, \vlio lias one livinu; laiiiiiia'je and two or three dead ones; yet so very few llionglits to conceal. He said (hat I irave the Ilon-e .-nccimens of traL'i'dv, comedv, and iiirce. I re- "rct ihal 111' has i^iv en lis nei! lii'r. The onlv characler to which he aspires is that of ihe line Lic'iitleman ii\ the Vaudeville ; but even that he (h'esses with too much preten-ion. and plays with lilllc case. His Ibria wants the rounded symmetry ; his features the (h.irnilied rejiose ; his mind the j)layful cnci'L'y Avhicli are cs-eniial to the character, lie is too "fussy." He initihl pass lor a scholar but for his jicdantry, aiul for a luie gciUlemau but I'or his pretensions. The learned jjenllemau ;?'-' 1-t GENERAL REPLY. 481 ) Iccliirrs i|' lli- nWU jkuI witli li.ilil li;i\i' ivllrclioii ■ lliiil I'llH! Ii;il, ill l'"'"^ I a iiuiii- iniuil ; ono loiiia liMVii (iialilc :iiul ,(•(1 I'm-. I • i-caiiu: me. ill villi. Ml". ,. I'rc-lilciit ulv .-utVcrrr, iiiili" river: 1,11 |j;'ic ii> ;i V to ajUtfiU" riial ^ciillc- lilinui:li llic; re jfcuorally vas stroii.v'ly (.(■(•lies dl' L. pill .Icclama- l.c a .in li'is thirst, or urraiiyeliis robe to set olF the harinoiiies of naliire, hut to Tall in h)ve, wn ?s'areissiis did, with his own iiiiai^e, and (he with adMiiialinii of hiniseU'. Tht; learned <:entlenian favored iis with a leetiin! on j,'ood lireedin;;;, the gist being snnnned up at the entl, where he declared tlial any man wan a gentleman who took oil' hi-; hat to him. One thing whieii he ," 1 di-t:n'(«lly ,.,l tlx- (loni* 1111(1 my-rir williiii tlni t' Is iiol llio U'lnsm ivsU;*. dframiitory posssiiry scll- i umii ti> li'iA The' siii»u the \rry morning after tin- story liad heen carried to 11. / ^fajesty, this getillrmsui had stood at the lieail of a ma- jority of the Hull-/ 'f Commons, however 'h'cply wounded the sovereign might have felt, .she could not have refused t(j tliat ollieer her jtoUtivdl contidence. Sueh is the nohle Constitution of Knglaml ; fostering public ppiril, and giving free play to the expri->I()U of sentiment; and the in- stanee the learned gentli'iuan has selected, only proves that he has the A nC of the Constitution yet to learn. The sovereign, we ar(> informed by the same speaker, is the fountain of honor, and cannot insidt an indi- vidual. If this be true, then must it follow, that the sovereign cannot receive, or notice, or revenge an insult. He says, he disapproves of sending down confidential correspondence, but that this is a "great crisis." If so, what produced it ? Six gentlemen seize the ship of state, and throw half the crew overboard. After trying their seaman- ship for a time, and getting among the breakers, they call over the side to know if their old messmates will not get on board and help them ; but refpiire a pledge that they will not break open the spirit chest, or cut away the mainmast. The men in the water consider this adding in- sult to injury, and decline. The weather gets worse, and the mutineers more frightened, and they propose to let one fellow drown, and take in all tlu! rest. This touches the honor of the tars, and they reply, " wo will sink or swim together." Then there is a dreadful outcry on board the ship ; " a crisis " is proclaimed ; all sorts of trash is written in the log, and sent by way of complaint to the owners. The member for Hants tells us, it is " the nature of his temperament to be excited." I should complain less if he lia ; he who I liave soon gloating over the gross obscenities of The Pictou Observer. His praotioo, (?ven in that speech, was strangely at variance with his principles; thongh Angelica was first introduced in the " cold abstract," gradually she began to glow beneath the heat of his imagination, until, like Pygnialian's statue, she sunk into his arm: in all the freshness of health and passion. She had not been long there, however, before he began to give her a bad character, and declare that he could not tell whether she was a harlot oi- an honest ■woman. I will not undertake to decide, but think that responsible gov- ernment, or Angelica, — for that seems to be the fancy name, — will be very apt to be judged by the company she keeps. liefore passing from this topic, I may as well caution the learned gentleman not to set him- self up for a moralist until he reforms a little ; and when he preaches sermons on delicacy, to be a little more choice of language, or we shall have to apply the lines to him which Juvenal aims at Crcticus : — " Nor, vain Metclhis, shall From Rome's Trilnnial tliy harangues prevail 'Gainst Harlotry, whiU^ thou art dad so thin. That through tiiy cobweb robe wc see tliy slvin As iliou dcclaiuis't." The learned gentleman, with a solemn invocation to Nemesis, asked me if I quailed before the " air drawn daggers," the whirlwind, or the " false lire " by which I was surrounded ? lie shall be my judge. Three times I met him in his own county last summer ; he knows which of us shrunk from the encounter, or won the victory. He has seen me hero for the last ten days ; he sees me now. Do I quail ? No, sir, I take my stand upon the Constitution of my country, and all the powers of darkness cannot disturb my mind. Bit, oh ! sir, I should like to see Lim in my position, with an arm-full of dispatches heaped upon his head ; with a Governor and all his patronage to sap and mine him ; Avith two crown officers and half a dozen lawyers in his front, and tag-i-ag and bobtail, in his rear ; perhaps he might comport himself with more dignity than I do, but I confess I have my doubts. The reference to my pil- grimage to Downing Street, came with an ill grace from him. When I went to Downing Street, some years ago, I went as a private gentleman, at my own cost and charges. My Colonial character was my only in- troduction, and I received more courtesy and kindness than I deserved. "When that gentleman went on Ids pilgrimage, — as my learned colleague wittily reminded him. — the Province paid for his staff and scallop shell ; £jOO sterling was drawn out of the revenue of this country to GENERAL REPLY. 485 • the gross lilt r^peccli, •a was first )w bonc'iith e sunk into 1(1 not been iraeter, and • an honest )nsible gov- .^ — will he )a!jsing from to ^;ot him- lie preaches , or we shall ■uri : — emesis, a>ked Iwintl, or the )e my judge- inows which has seen me ? No, sir, I 1 the powers ,il(l like to see pon his head ; lim ; with two tag-rag and more dignity ace to my pil- im. When I ate gentleman, IS my only in- an I deserved. ,rned colleague ff and scallop his country to furnish his scrip ; and his errand was hostile to the public interests, and to the wishes of the people. Tlie learned gentleman cavils at my ima- gery, and tells us tliat Lord Falkland stands like an English oak, verdant and vigorous. I will adopt the figure, and admit that he stood so once ; but I fear that the insidious ivy, the parasite jdant, and other creeping things, have so wound their tendrils around him, that though there is the outward semblance of a tree, the core is decayed, and the fountains of life withdrawn. But, Mr. Chairman, I have lingered long enough with the learned member from Hants. In closing, I may as well give him a line or two of plain English, in return for all his Latin. Tliey were addressed !jy a great poet to a great king, but always come into my liead wlien the learned gentleman draws to.vards the close of one of his " vapid declamations," and I long to exclaim — "At length, proud Prince, ambitious Lewis, cease To iilaguc mankind." In turning to the almost incomprehensible harangue of the lionorable member from Colchester [Mr. Ross], I would just beg to remind him, that thougli allowed, all summer, to circulate over his county pamphlets and printed slips, filled with egotism and misrepresentation, he must not expect to take such liberties here, without instant castigation and expos- ure. Tliough I cannot always follow him into the back roads of Lon- donderry or Earl Town, when I have him here, where there is no ecjuiv- ocation and no escape, I will not allow him to deal in absurd charges and gross misstatements of fact. That gentleman commenced his speech with the deckn-ation, that the government, while I was in it, attempted to force the Sheriffs Bill on the country. He knows there is not a word of truth in this statement ; that the Sheriffs Bill was not a government measure, and that members of government voted independently in both branches of the Legislature. But surely that gentleman ought to be the last person to oppose an alteration in the mode of selecting sheriffs. He has been, for the last seven years, at war with those in his own county, sometimes petitioning the House to change the law ; sometimes petitioning the Chief Justice to remove the oflicer ; and once, I believe, he actually collared the sheriff within the purlieus of the court. [Mr. Ross. No.] Then the sheriff had to collar him, which is sufficient for my argument. lie fears that by giving the power of appointment to the Executive, we should have political sheriffs. But wliat have we now ? What had we under the old system, when almost every sheriff was a Tory, and thirteen or fourteen belonged to a particular chui'^h? The honorable gentleman tells us that the Attorney General deserves a mon- 41* h! 1 i: ■■-■ ! f i. |i' :|t 1; J m I'- { .1 !t 48G GENERAL REPLY. uint'ut foi" opposing tlic bill. INfuch us wo ililfer in politics, I have no clc!he has been the cause of all our troubles. I fear if she keejjs comi)any much longer with the Tories, sluj will not only suH'ei" in re|)Ulatiun, but produce a mongrel progeny. The learned mend)er will i)ardon me Ibr reminding him that Helen was the cause of no trouble till the false Trojan stole her from her friends, and from her natural guardian. It was the rajjc, the outrage, that roused the States of Cireece, levelled the walls, and destroyed the warriors of Ilimu. Let the Tories, who have stolen our Angidica, and so degraded her that they cannot themselves decide whether she is a wanton or an honest woman, be assured that we will nevi-r lay down our arms till the fate of Toryism resembles that of Troy. The learned member assures us that " tho Governor has used all his industry to get some gentlemen out of our ranks." AVho doubts the fad ? Who does not appi'eciatc the motive? But where are the proofs of his success? where the evidence that his skill has been etpial to his industry? where the proofs that his own ac- count of his labors is not a tissue of misrepresentation from beginning to end? l)Ut, sir, I have wasted too much time with this learned trifler ; with one lesson more I must pass him olT the stage. lie complains that the farmers and blacksmiths discuss political cpiestions, and pronounce opinions upon respun.-ible government. AVhy should they not? Why should tlie men who live by lal)or give up the country they beautify and improve, to the sole management of those who live by law ? Why should the farmers and mechanics of Lunenburg, Avho have enriched the county by their industry, hand over their right to thought and action on their highest earthly interest ■, to the gentlemen who live by the sweat of their brows ? If the learned member means that the 'I !fl GENERAL REPLY. 493 lowed and lor Luiu'ii- I'owcr, ivcr liiin at ^-, and tVoin HT by tho icablc failU >f rcsponsl- lie Toronto n in Sorii)- I'll who had pcakor, iind charms arc member for troubU':?. I ;he will not The learned Ihe cause of id from her I the States Ilium. Let or that they •nest woman, of Toryism that "the n out of our le motive? lee that his lis own ac- m beginning ■ned triiler ; iiiplains that pronounce lot? AVhy iieautify and :iw? Why AC enriched Lhought and ho live by us that the ppread of political information has relaxed the industry, or injtnvd the morals of the people, I deny tht; fact. There is less of dissipation, los.^ of brutality and vice in Nova Scolia than there was ten years ago; llie habits of the population have improved jusi in jjroportion as th<'ir politi- cal privileges have expanded. If the learned gentleman means that farmers and mechanics ought not to interfere in politics, becausrr iiu'U is; we llilVC )hi>, lit him liinj^r to \v;\r- llic liltc.-t, U iiul iiilcgnty 1 the lioiiora- li ji (imslioii me ami lii-* ii'onstitutioiial it if i>ul siis- istiiiu it wlicii lemlincnt may it to a constit- ^li^li as it i^ )i- my part, I ny part of the it, if tluy can, cr than half a , and then wc one, anil somc- omplained that together; but 10 moment the of departments deputies in the IS control over member of the Mit to make the lority. To be a^ain.'rt an act lie reminds us re. and that the auso they then ncils, independ- -boro' alt^o talks (1 not much fear jnts, and prove ilifficultics have arisen from our attomptinp; fo rr(.( the members of Council out ; hut it Hoems lo me that they have arisen from (heir wantiu;^ to '^ct the oppo- pitiou in. without ever having offered fair and honorable terms. As respects my posili»»n witli Lord Falkhunl, it is very simple. Since I left his Coiincil, I have neither asked nor desired tr» return. I stand as in- depi'iidrnt of him as he does of nie. lie has ilone his best to injure mo, but fortunately had not the power. If he was in my place, and I in his, he would find that true nobility is shown in breastinii; the storms of life ; not in stretchinjjj authority until it falls into contempt. T ask nothing, want nothing, of His Lord>hip ; but to be let alone. AVhen my rights nre^ invaded by him or his minions, let them look to it ; the eonseciuenccs be upon their own heads. "When the honoral)le geulleman complained that the new system acted injuriously on the character of the Legishitive Council, he was well answered by my honorable and learned colleague [Mr. Doyle], who showed him that thru'c were now eight members from the rural districts, and under the old system but one. There was one observation, which, as it was an insult to the constituency 1 repre-^ent, I cannot pass so lightly as a mere taunt addressed to myselt'. The honor- able gentleman spoke of a " nest of demagogues in this town." [Mr. Marshall rose and explained, that he had not used, or did not remember to have used, the expression.] Mr. Howe passed on to the speech of Mr. Dewolfe. He had listened to that gentleman's defence of the old system, which always reminds me, Baid Mr. Howe, of Sam Slick's father's account of the Battle of Bunker Hill. 3Iodern times have produced nothing like it, and no men can be compared to the worthies •with whom the narrators were associated. The honorable gentleman was a member of the old govermnent, and he dwells on its excellencies with a lingering faith that is very amusing. One thing struck me as singular in his oration : " The gentleman from Pictou, said he, wishes to go back to the old system, but I do not." AVhat, sir, is there a difference of opinion ? a division in the ranks of the administration ? Are those who wi-ite dispatches, and gloat over a "want of concert" in the opposition, doubting whether they should ad- vance or retire ? divided between the old system and the new ? The honorable member from King's says that all would have gone on well, but I was " too precipitate." But he knows that all was going on well, when he retired, and led up an opposition to the government. But now he is all right ; he is snug in the excise office ; the new system has borne good fruit, and " he does not want to go back." The honorabh^ gentle- man thinks I should have retired peacefully, as he did. But he ought to remember that he had hardly withdrawn, when he shrugged his '!* {•(• I '^ ' y -^ I I k, hut he nii;i;hl liave waiKMl, as his predecessor did. till it WM freely ollered. II<' painl>, in ;fln(»niy style, the social e\iU which politics Imve produced in tlu! interior ; hut I think there is a liiile of the coloring of Ji diseased inia;j;ination. I spent a few days in the c(»unly ot' King's last summer, and saw nothing of the inhos[iitalily and tenipei* which its representative d<'-'<'rihe'<. All ranks and shades of politics mingled freely in festive and business intercourse ; and as to hospitality, the only risk I ran, was of being kiUotl with kindness, — .surfeited with poultry and apple-pics. I'olitics, religion, the diversities of human opinion and human employment, must create parlies in rvi'vy country, in every village, every street ; but T doubt if the old Dyke Wars, and the old laws of llorton Corner, diil not produce as many hard thoughts, and as many buttles, ns ever responsible government stincil up in the beautiful county of King's. 1 heard a little boy, on bidding mine w(d- come to the county, regret that "they (lillcred in politics;" but they were playing marbles in five minutes ; and some of the bright-eyccl girls at the ball, when an ugly fellow a>ked them to diuice, paused to in(iuire of a friend whether he supported the govermnent or the opposition ; but if the gentleman happened to be good looking, there were no (juestions asked. The honorable member doubts if I have "justified myself to my own conscience;" thank Providence, he is not its kee|)er. He reminds me that the Governor treated me with frank confidence while in his Council, and that there was much done that met my approval. I tell liim that every act of the government met my approval until the disscilu- tion, and that I returni'd the eoniidence reposed in me by frank, devoted, and respectful service, down to the moment when I became convinced that Ills Lordship hud forgotten old tics, and declared '" war to the knife." Then, I must confess, that having, like my neighbors, a little of the old Adam, I thought it time to stand on the defensive. Tin; hon- orable member says I was wrong to give up the excise office, and thinks there are many conservative members who would gladly have seen me retain it. I doubt it not. I have some jiersonal friends on the other side who would cheerfully promote my interest ; there are otlan-.s who would have rejoiced had I retained ofTice, in violation of the principles maintained by the opposition ; but, sir, had I clung to otrice. I should have given the lie to my whole public life, and sold my children's birthright for a mess of pottage. We are informed, that while in the govermnent Mil fiENEUAL IlEPLY. 407 ninc-tontlis of dm pnfronn^^n was di-iin'tmcd I>y mo. As so miioli lins Ix'cii said alioiit violations of conndiiin-, I call iipoii tlii^ lioiioralilc p>n- tlcinaii to -how \>y what authority hr makes that s\vc('|iin^ di-clo^nrc ? [Mr. Dcwolfc cxplaiiK-d that th(! fact was stated in I.orl I-'alkhiiid'ii piilili>hcd h'ttcM'.J 'I'hat, sir, is what I coinphtiii of; that His Lordship, in violalifiii of all coiifideiu-f, in order to niak(^ a case against tis, opened to the [ndilic the secrets (»f his Couttcil hoard ; and now his friends cavil because a little more has heen trdil, which their I0II3' has extorted from us in self-(I('rence, ISiit assiuiiin;^ that the honorable r^entleinan speaks the truth, my justification for renuiiniiig in Council from IHlO to 1S1.'3 is complete. I low stands the caso with the honorahlc ;^entleiuan and hii^ friends? Should they have held their places? Should tliey not have done as I did, when, in December, I fomid that th(^ boot was to be put upon the other le^ ? The honorable collector thinks that business would be better done, if government couhl take good men to fill tho offices, without reference to parties in tho Legislature. IJut where would be the check? Where was it in the ohleii time, when tla; departments were banded down from father to son, and striplings, who bad seen no service, were promoted over the heads of those who had for years done the i)iibli(r bii-iness, and enjoyc(l the confidence of the country? He tells us that no two persons describe responsible government alike, and that nobody can tell who is its father. Did be ever see two peas, or two leaves alike? or two faces that did not differ in expression? v. ui wc expect more verisimilitude or accuracy in definitions, by minds uaincd ♦0 view cpiestions in difTerent lights, and to express their thoughts in language fruitful in terms and illustrations ? It is said to be a wise child that knows its own father. Responsible government may be claimed by different parents, but it is n vigorous and promising child, with the old British lineaments, and with IJritisli blood in its veins, and the liberals of North America will guard it till it grows to man's estate. The honorable gentleman made the other day the singular assertion that Lord l'\dklaiid's government was weak because I was in it. Yet it was supported, at almost every trying crisis, by four-fifths of the peo- ple's representatives. I Jim out now — is it stronger? Does it deserve the name of a government, with its seats in Council vacant, and its par- liamentary majority of three? He says I asked him in 1813 why he was so quiei ? I did jocosely ; because he deserted the government, and being defeated in one encounter, all his opposition, like Bob Acres ' courage, suddenly oozed out of the palms of his hands. He had afforded us some amusement, and I thought might furnish a little more. There was one observation the honorable gentleman made that he might have 42* 'I iM ,:'?!f-n'tH; %i 498 GENERAL REPLY. spared, Ijccause it was ba-;p(l upon a dcj^radinj^ view of Imman nature, whicli those wlioni industry or accident liavc provided tor, are too apt to take: olllces should only he give i, said he, to those whose means are luuple. liut arc intelligence, activity, and integrity, confined to this class alone? No, sir; there is as much virtue to be l\)und IxMieath the peas- ant's humble roof as in the rich man's luxurious mansion ; then,' are hundreds of poor men in this country, lit for any olHc*', to whom the wealth of worlds would offer a vain tem{)tation to do wrong; lliere are men of moderate means in this town, who are trust<'d every year with duties more delicate, and sums much larger, than arc confided to any officer of the Provincial government. I grant that, under the new sys- tem, individuals nuvy be put to inconvenience ; but few will arriv(> at office, without some means of living Avhen they retire ; and a dozen occupations present themselves, in a new country, at every period of life, to the man of frugal and industrious habits. Ihit society would be shaken to its centre if the honcrable gentleman's doctrine were true; government would become an odious oligarchy, if honors and oilices were to be reserved only for the rich. A'irtui; and knowledge woidd cease to be distinctions, if those who possessed them were to be discoun- tenanced by the State which should call them into its service. With the temper and style of argument of the learned member from Queen's []Mr. Fairbanks], I find no fault. He thinks all is right be- cause the principle of resi)onsible government is still in operation; but he forgets that all the acts of an administration may be hostile to the exist- ence of a principle, and yet opposition be strong enough to preserve it. He says that I could not, as a gentleman, have sat beside Lord Falk- laiil after what had occurred. His Lordship and I are the best judges of that; but what has this House and the public to do with it? Can such a question be constitutionally submitted to Parliament? I have never sought to reenter his Council. By what right, then, has my name been dragged into ministerial notes, and bandied about in grave dis- patches ? Besides, if the principles are here, as in England, why should they not bear fruit? Did the honorable gentleman ever hear of a Min- ister going ou. at home, for fifteen months, with half a Cabinet? Did he ever hear of an Attorney General going down to the House of Com- mons with a pile of newspapers under his arm, to account for the wani of a Ministry? or of two sessions without a single measure? But, we arc told, there has been some departmental improvements. Perhaps so ; from the very moment I entered office, every Tory became a de[)art- mental reformer, although, for half u century before, the whole system was perfect. The learned gentleman strangely mistakes when he sup- nsin nature, c too a})t to in(!iiiis are to till:? class til the peas- ; iliere are I) whom the r ; ilicre are •y year with fidcd to any the new f^ys- ill arrive at ;uul a (lo/en )cri()(l of life, ly woiiUl be e were true; ■! ami otrices pledge would be discouu- 'e. member from is right be- at ion; but he > to the exist- 1 preserve it. i Lord Falk- e best judges nth it? Can cut ? I have las my name in grave dis- ci, why should ar of a Min- abiuet? Did ousc of Com- t for the want re ? But, we Perliaps so ; mie a dcpart- whole system when he sup- GENERAL REPLY. 499 poses that Lord Sydenham did not recognize the ])o\v(>r of the Colonial Assemblies to act coustitutioiKilly upon tlic Councils, by withdrawing their eonlidence. Tliis power was distinctly recognized in all the dis- cussions of the jx'riod ; it was tli(.' foundation of the whole svsti'Ui ; to the active operation of it Lord Sydenham mainly looked for peace and improveuuMit in Uritisli Aniei'ica. II<' desired, and this was the only source of his solicitude, that the>e great powers siiould be used with temper and discretion. Jt is aii insult to Lord Sydenham's memory, !o suppose that he -lirunk from the application to these noble Provinces of the principles we now enjoy. He saw, in 181<>, as clearly as I did, that they could not be preserved without them. The meml)er lor ()ueen's has referred to tli(! newspaper controversies, and thinks, that though attacked, I should have forborne. Uut why? why should I always bear and forbear, when noboily on the otliei- side, sets the example ? — w liy should I overflow with the milk of human kiiidn:'ss, ■when, among tla; Tories, gall and bitterness are rmuiing from every pore ? In the Baptist dispute, I was tradiice(l for mouths before I took iij) my pen ; in IS 12, I did not write a Hik; for half a year, but the very for- bearing jioliticians over the way pelted me royally all the time. In IS ff, as I have already ^liowii. Lord Falkland and his friends dn^w a few humorous stpiibs upon their own heads l)y a course of most outrageous folly. Tiie learned gentleman says that his blood boiled at alta^-ks upon his family, in the " Constitutionalist's " letters. But the learned gentleman should reiiu'ml)er, that hardly had th(». first of thost.' letters ippcar ed, in which there was a general allusion to a wharf with several establishments on if, when his friends rushed into the newspapers, attri- buted an anonymous letter to me, and jmt their own names to a coui)le of coluinHS of coarse detimiation. If my blood did not boil under such circumstances, there would be vei'y little of it in my body. That gen- tleman Avell know's, sir, that I des.:rved no such outragi^ from any mem- ber of his family. His bit:; 1)rotlier, whose talents and indomitable industry I admired, ever received justice at my hands, and often the tribute of my admiration ; but I r-hould have been a saint, which I ara not, to have patiently enduu .1 the outbreak to which I have referred. And so it has been, IMr. Chairman, through life ; I have rarely been the aggressor in any personal controversy ; I have spared dozens who richly deserved punishment, whose feelings I might have woumled, and have only selected an otfender here and there, to serve as an example to the rest. With i-espect to the " Constitutionalist's " letter-, aliout which so much has been said, let me, without speculating upon the authorship, show to this House the circumstances which, in my deliberate judgment. m ■a r u Ml 500 GENERAL REPLY. m •fcft\: i' i h#s ■; justified their publication. I do not seek, like others, to shrink in 1845 from the responsibility of wliiit I approved, and took the benefit of, in 1842. Wc find, in the opening number of the series, the reasons for the pr'jparation of those letters given. IJeferring to the writers in the conservative press, the " Constitutionalist" says: — " They have spared neither sex nor age ; from the Governor and his amiable lady, and the members of their household, down to the humblest individual in the constitutional ranks, none have escaped. For the last eighteen months a system of organized and unprincipled defamation, aimed at the destruction of the public and private characters of every man that the people of Nova Scotia esteem, has been carried on." To abate the nuisance he declares to be his object, and adds : — " I will not do this work by halves. Tiie names of the Governor and his lady ; his secretary and his aid ; of IMr. Robie, Mr. Johnston, JMr. Stewart, Mr. McNab, j\Ir. Uniacke, jNIr. Dodd, Mr. Dewolfe, Mr. Howe, Mr. Young, IMr. IJell, JMr. Stairs, ^Ir. Annaud, ]Mr. Lewis, IMr. Henry, Messrs. Ciiipman, IMr. Whidden, IMr. Wightman ; nay, of every man at all conspicuous, either as a member of the present government or as a steady and consistent supporter of its measures, and of the new Colonial system, has been paraded week after week in the newspapers, coupled Avith every vile charge and foul insinuation which could undermine their public characters, or wound the feelings of their political and personal friends." Such was the state of the conservative press in the summer of 1842 ; such had been its state for eighteen months. I had retired from The Nova Scotian, which was very moderately conducted by Mr. Tiiompson, and the government was at that time defenceless. Under these circum- stances, and when not only every member of the administration, but every inmate of Lord Falkland's family, had been coarsely assailed, the " Constitutionalist " stepped into the arena, not to gratify or wound per- sonal feelings, but to defend the Governor and the government, and to put an end to a barbarous style of warfare by a little wholesome i-etaliation. I do not mean to say, I never have said, that every member of the Council approved of every line in those letters. "Where they touched personal friends, some of them might have wished perhajjs that passages had been expunged ; but that the letters were written for the defence, and with the countenance of the government, and that the author was thanked in Council for the good service he had rendered, can never be denied. The honorable and learned member for King's [Mr. Ilall] comes next in order. He contrasted me with Franklin, but I fear that all rescm- 1^:11 GENERAL REPLY. 501 rl uk in 1845 ctu'lit of, in rciiisons for •iters in the ■nor !uul liis Mi luiinbk'st For tlie lust defiunation, !rs of every a on." Js: — overnor and )hnston, jNIr. , INIr. Howe, jNIr. Henry, very man at lent or as a new Colonial lers, coupled ermine their and personal ler of 1842 ; d from The Thompson, lese circum- tration, but assailed, the wound per- il, and to put e retaliation, mber of the ley touched hat passages the defence, author Ava3 an never be ] comes next it all rescm- blanpp ends with our early occupations. Tl;c ])liilo>ophcr drew down fire from heaven with jierfect safety ; I cannot tly my paper kites in the higher regions here witliout P^xecutive vengeance df'sceiiding with ijwful rumblings. ]My learneil I'riend told me that I should have copied the example of Jimiiis. I wish I could <'opy his style ; I)ut Junius attacked his sovereign and the ministers, and shrunk from the responsibility of liis own acts, "What I have done was done openly, and in the face of day, and although I have rim some risk, I am sure that my learned friend will acknowledge that, to use tli(,' hinguage of the author he has referred to, " the rays of royal indignation " which Lord Falkland has contrived to concentrate, "have illumined the ol/iect they could not con- sume." He tells us that he would rather lay flw; blame of all the diffi- culties on me than on the Governor. "Who doubts it ? lint suppose I was Governor, and had all the patronage, and rank, and power, and His Lordship stood here as I do, where would he lay the blame (hen? The learned gentleman told us that Queen Elizabeth established a printing press, but he forgot to adil that she made' a diilerent use of it from that to which those are applied so recently purchased by Lord Falkland. The virgin (^ueen issued her Gazettes to inspire and unite a free people to resist the foreign invader; slu; did not use them to slander Cecil, Howard, or Raleigh, and drive them in disgust from her side. His other historical references were almost as happy, for if the royal family came to the throne in consequence of something published in a Dutch newspaper, surely the sovereign and all her repre- sentatives should be veiy tolerant of the errors of the press. The long extract from F'rskine I did not quite comprehend, but if there is any thing tending to purify the newspapers, it had better be sent to the editor ' The Gazette. The member for King's acknowledged with more frankness than discretion, " That he had not the same horror of responsible government that some on his side had." Mv. Dewolfe tells us he wants to go on, but ]Mr. Holmes wants to go back ; and his col- league assures us that he likes resiionsible government well enough, but that some of his friends are horriiiearty who, with no common principle, and a majority of ihre<>, aspire to rule this country. TIk; learne(l gentleman, however, touched Angelica, not with a respectful homage of a sincere admirer, but with the freedom of a )-oiie whose imagination had been overheated by the classics. Some of this criticisms were scarcely decent. But he informed ns that he had recently become a convert to party goveriiiuert. He has em- braced our doctrine, but shows his love for it, not by joining, liut I)y atteni2)ting to burn our church. lUit, he says, " JaI us work it out 'i i| II ;o2 GENERAL REPLY. ^;> 1 k !Si h|> i\ ' ;i pi quietly." Wliut would lie Iiuvc said if sniui- of tlic l)(»}'s at collcj^o had pcizod iipou llic '* c'onimons," and insisted u|)ou ealin;; all the puddin^j;, and liaving all tlie fj;i-avy; and \vlien llie rest elainied llii-ir ri;^dits, liad ■whispered ihrouf^li llu; key hole, "Don't make a noise; ue aiiree with you in sentiment, hut Ave ar'c 'workinj:; it out (piii'tly.'" The learned {rentlenian favored us wilh oiu; pieee ol' iidormation which he said had been kept till that moment a pi'ol'onml seeret. He was sent here to oppose me; hut was he looppose me whether 1 was ri^ht or wrong? If Fo. he will pardon me for saying that no enlightened constitneney would give sueli instructions, and no honorable man wouhl accept a seat upon such terms. I believe I have now answered, playfully whore I might, gravely where there was a necessity for it, every argument of the nine gentle- men who have si)oken in favor of the government. The speeches of the (wo crown ofliecrs must yet be dealt with; and if, in noticing the bear- ing and sentiments of the learned Solicitor General, I assume a sterner tone, this connnittee, who have both seen and heard him, will understand the reason. Sir, during one of the worst of the Irish administrations, Castlereagh, wdio was secretary, and was afraid of losing a measure, said to his supporters, " Let us go down to the House and bully them." The anecdote is related by Sir Jonah Harrington ; if it has not been recently read at the castle here, no member of this committee can doubt that it has left a strong impression on the mind of the Solicitor (leneral, and that a kindred spirit has prompted the coarse outbreaks and breaches of decorum in which he has indulged. Sir, I have been eight years ia the Assembly ; dur' . r, all that time I was never called to order, and never gave ollence to the humblest mend)er of this House without an explanation being given : making amends if I had misunderstood him, or acted from hasty impulse. The learned Solicitor General has thought proper to pni'sue a ditlei-ent course. On a former day, coupling a state- ment made here with a notice of my speech, which I had not seen, he declared he would join issue with me, and pronounce the statement a falsehood. I rose to explain. The Solicitor General, in breach of the courteous usage of this House, called to order, and when I sat down, ex- claimed, " He would meet me there or elsewhere." For the moment this unmanly threat disturbed my self-possession, and I retorted in the same style. To prevent mistakes I rei-ii(y a little firmness, integrity, and dis- cretion, he might have saved Jjord Falkland's honor, and preserved his power and influence in this House, and in the country. He might, be- fore feelings were inflamed, and parties forced into conflict, have earned the respect and confidence of all. How stands it with Lord Falkland now? Powerless for good or evil. How stands it with the gentleman himself? After fifteen months of intrigue, disclosures, and contemptible expedients, he finishes by bringing the Governor and the government into this newspaper war, and furnishes no better defence than a few rude and intemperate expressions. Put verily he has had his rewanh An old and faithful servant has been dismissed from the preventive service; Mr. Dodd's brother rejoices in his place; another relative is judge of probate in Richmond ; ho himself is Solicitor General ; and the only liberal appointed to any thing in Halifax, hap])ens to be brother to a, gentleman at Sydney, without whose infiuence the learned Solicitor General's seal would not be very secure. Put, sir, though he has taken good care of himself and his friends, his statesmanship would do no credit to a tyro in politics, lie has led the Governor on iiom blunder I M I- A ! I ' I: ■I ''. It ) » ' 1 1 504 GENERAL REPLY. ml •Ml' -iii to blunder, (ill liis rcpiilatiou lias been tarni.sliocl, and liis j^ovcniincnthas sunk into coiilL'iupt. I liavc but one partinj^ obsorvalioii to make to the Solifhoi" (Juiicral. He said the other day *• that he had not served an apprentieeshii) to deeeption." If he meant that taunt lor me, I will tell him that 1 .-erved an apprenticcshii) to a much more reputable calling. AVhere he; completed his education 1 neither know nor care; but I ani surrounded by the friends of my youth ; by those who, in mature years, have been by my side in the trying scenes of life. I enjoy their con- fidence and esteem. I have grasped at no friend's oflice, I stand in no friend's shoes. The last on my list is the honorable and learned Attorney General; and really, if it were not that 1 might appear wanting in courtesy, as the evening is far advancetl, and the conmiiltee sullieiently weary, I would not tax gentlemen's patience with a single connnent on a speech, remark- able only A)r clearing the benches, and setting the supporters of govern- ment asleep. ^Making allowance lor tliose little ebullitions of temper, the peculiar inlirmity of the karned leader's mint', the general tone was moderate enough; but, during the delivery, I could not but contrast the vain glorious boastings of the Attorney General, in the barn at Bridge- town, where his political opponents were not, with the sorry figure he cuts where they are. On that occasion, because I had gone to Cumberland to meet a better s[)eaker, he crowed lustily over my absence. This debate, so far as I am concerned, has, J think, taught him u little modesty and discretion. Then my leai'iied friend from Pictou Avas sneered at — he spoke such broad Scolch, and so unintelligibly, that nobody could un- derstand him. ]>ut, sir, he has spoken plain English here, and his manly, argumentative, and excellent speech, is still unanswered 1 y the Attorney General. Contrast the speeches Lord Falkland's leader has delivered here with those of the learned Speaker. The former remind me of those sinuous and melancholy streams which issue from some of our bogs, shallow but dark, with poisonous plants upon the margin, and inud and dead roots below. The Speaker's elo(pienee is like a crystal rill, whose waters sparkle as they How, while the [)ebl/ies of truth arc seen di.-tinclly at the bottom. 15'ut perhaps the learned crown oHicer's want of argument, and power to eonnnand a popular assembly, were never so finely illustrated as by my honorable friend from Yarmouth, who, in twenty minutes, the other evening, tore to pieces the sophistries which that gentleman had woven in a speech of four hours. My hon- orable friend reminded me of a stately moose, who, in his morning walk, dashes down the flimsy web which a spider has been all night weaving. In one qualification the learned leader beats us all hollow, — in the soporific GKNiniAL IJKI'LY. ;o5 I 'i eminent liaa ni:il;o to the )t served iiu ,6, 1 will tell lable calling, c ; but I urn luitun- years, ,y their eon- stand in no icy General; urte?y, as the •ary, I would eeeh, reinark- rs of govern- or temper, the jral tone was t contrast the irn at Bridgc- llgure he cuts ) Cumberland This debate, modesty and ered at — he ly could un- lere, and his wercd by the 's leader has )rmer remind rom some of margin, and ike a crystal s of truth arc rown oihcer's sembly, were ni Yarmouth, 10 soiihistries rs. INIy hon- niorniiig walk, t weaving. In n the soporitic power of his oratory, T eoiiiiteil >i\ ])ersoiis in the Tloii-r, the other (lay, hilled into forgctfiihiess l)y lii-' drowsy periods ; one more, and he would have been siirnniiided by tlie seven .-lei'pers ; and olil till it not in (iath, his ardent admirer, the learn'-d member (or Lunenburg, among tliem. Sir, the Attorney Cieneral labored for an hour to show llrit, pn'vious to Lord Sydenham's vi-it to Nova Scotia, I bad published some tiieory of 'Government widelv diil'erenf i'rom that '.vliicb was introduced under his aiis|)ices ; that the system, as contemi)Ialed by Lord Sydenham, and avowtMJ by LfU'cl I''aiklan(i, was not tlie >an!<' wliich now obtains Iiere and in Canada, lie made the same statement at IJridgetown. Ibit what lias he |)roved, (here or here ? Nothing, absolutely iKjtliing. I need not dwell on this topic, as it was (iilly discusssed in the letters to IMajor Ciiipman, wliich 1 hold in my hand, and (o which any geiiileman may refer who take-! an interest in the (piestioii. Ily a ciiain of evidence, which the Attorney General has not answen'il and cannot answer, (he (allacy of his reasoning is shown, and the constitutionality and consis- tency of my principles, from 18.'57 (o ISb"*, vindicated and maintained. Sir, I do not deny that the doctrines advocated in the pamphlet addre.-sed to Lord .Tohn liiissell in l.S.'i',), were neither clearly api)reliend(.d, nor much in favor at the Colonial oiliee, at that jieriod. I do not deny that the enemies of responsible government here hoped to liiid Lord Syden- ham as timid or as credulous, but when we came to read the paniiiblet together, and discuss the principle-, there was scarcely any diU'erencc of opinion between us. I gave n[) one [loint of detail, which has fre- quently been explained; he yielded more than the liberals had ever de- manded. Jiut, sir, how stands the case with the honorable Attorney General? lie taunted us the other day with '-bending to tin,' blast." liut who bent, who bowed, who [irostraled himself in IS Id, and allowed the new [irinciples, which he dare no longer resist, to pass over him in(o (he governmeii(, and (o form the rule of administration? The friends he had acted with were dismissed from Council; the old system he had defended, was annihilated; the o[)po-ition was triumpliant, ye't he clung (o olFice, and feigned (o adopt what he has ever since doin; his best to destroy. Suppose (hat I had advocated (he abolition of the slave trade, or the pas- sage of the Keforni IJill, and the Attorney General had resisted it. Sup- pose that my principles were sanctioned liy llui sovereign, and a ministry ibrined to carry them out. Surely, if he " bent (o the l.ila.-t," and took oHiee in that ministry, he ought to be the last to reproach me with incou- 43 V i ^V I •!=) \ 'I m I inii-' ■ . 50G ORNKRAI. 1!I:PLY. •J: :i^ ■nm si.^tc'iif'y, wlicii Ik> ,iL;avc ii|) <'vi'IT tiling'; f\rii ilioii!:!) 1 in()ililic(l or ;il):in- (loiicd >()uw lew ])()iiits of dciiiil. Uut, ~\i; I liuvc n jjfriivcr clinriic to make iitraiiist the IrMrncd Altoriicy (irncrnl. I cliar,!;!' Iiini with vio- latiii,;; Iiis tluty lo llic (Icail; with allriiiiiliiiLT to /-onl Syilriihnni ;i ]iiiliti- cal system, Aviiich uoiilil \no\c liim u ti'i<'k>t('r and not a statr-maii ; Avitli not coniiirclicniliiijs or not inlcndini,' to give to tlifso Colonics, re- spon.-ililo jfovci'iimcnt, in llic rational st'iisc of llic ]ilii'as(', as now iindcr- Ptood on l)olii sides of the Athnitic. I charge liini with Iiavin;j-, to savi; his position, saiictioneil tlic ^\•o^kinu' of that sy.-lcni Iiy liends of depart- ments. Tn the exposition of the (Io\ ernor (jlenerars ])oiicy, to which tlie Attorney General and the learned nKinher from (Jneen'sliave s(j fre- quently refei-red, it was broadly stated that Lord Sydcidiam conteni- plaled "an Kxcciitive Coiineil, composed of heads ol' di'pai'tnients, and leadinir nieniliers of both liranches of the Legi>Ialure, pos-es.-cd of polit- ical inlhiencc. and of nobody else, except in (>xtreme ca^es." 'J'lie Attor- ney (General thought this all riii;ht when Lord Sydenham was here ; it is all wrong now that he is in his gi'ave. Heads of departments wore indis- pensable to responsible government in IS 10; in LS|,"i they are pregnant with evil, and dangerous lo the lilx'rtics of (he coMUlry. The Attorney (Jeiieral complains that ])arfy government was not f=o fully developed last year as it has jx'cn in the.-e debates. l)ut who is to blame for that ? The people of Nova Scolia knew little and cared less about party govei'nment till Lonl Falkland put a tlemmciation of it into his speech, to bolster up an absurd ap])ointment. A 'J'ory party government wa> at once established ; now all that W(; intend, when we change the majority, is to f(dlow the exami)le set by the other side. The learned leader complains that we do not develop all our \iews at once ? ]>ut why should we ^ Why retard i)ubiic busim.'ss with theoretical dis- cussions? " Suilieient for the day is the evil thev(Mif." l>ul while he complains that we do not go fa-t enough, the honorable member tor King's thinks we are ''loo ])recipitate." l>ul, sir, let me :-trip these gen- tlemen's argument, drawn from tlu; expense of he.ads of depart- ments, of all its terrors. Let me show to the country that not only ■would there be no additional cost, but, that if heads of departments held seats in the Legislature, greater eflieieney, and a considerable saving ■would be the results. We desire to see an Executive Council of nine, comi)osed of the Provincial Secretary, the Attorney General, the Solicitor General, the Treasurer, the collector of Colonial duties, the Surveyor General, and three gentlemen of influence, eligible for those offices as they become vacant. Now, w hat would these cost ? Five Mm GENERAL IJEI'LY. 507 monili(.'is aro .-ooii disiio-icd of — llic Altonicy iiiul Solicilor Clciicnil an* licre aln.-aily ; lli<' tluTc ijn'iilli'iiuii without olluii's would oi.-, notliiug. Lut us r^ou wlial lilt; otlicr I'oiu" rust now; — Till' ScciTtiirv's dllii'c, iiiilinliiiL; tin" rrui-tv:ilioii, costs yt'iirly iilioiit X'l.CM) TIk' 'I'l'i'ii-ury, iiiclinliM'^' tlic Sjviiii:-' I'.aiik, I'lnvinciiil iKiti'S, i!ic.. l.iniii 'I'lic ( 'a]i(' I>i-i'toii I.ainl Dciiailiiifiit T.'ii) 'I'lif N'ova Scdtia Lainl l)f|iMitiM''iir, 'J.'!7 10 'I'lic Kxcisc, iiH'Imliii;^- ^uai^crauil |n.'riii:iuciit waiters, ahoiU l.'JdO X(i,4S7 10 So tliat llu; good pfople of Nova Scolia, who were frightened all last summer with this bughear of heads of di^partments, pay now this large sum of money, to maintain th(.' only four ol' tliose that the liberals seek to inlroduec into the Legislature. So far from any expense being rcquind, if one of the surveyors wen; pensioned, and the whole service combineil under one ellieient head, we shoidd reduec! our expenditure, and ullimat(dy save tlfiO in that serviee alone. The sccretar^^ would not sit in this House a single year before a saving would be forced in that department. Think yon if tliat ofTieer had been here last winter the registrar's bill would have been destroyed? Tint the Attorney General fears that the olliecrs would not be so com- petent. "Where is the proof of that? Is he less eomi)etent because he is here ? N(», sir. Is he belter paid? His salary has been reduced one-third since he took his seat on these benches. How has the system operated on the excise ollioe ? For forty years an old gentleman con- ducted it, and when he died all iIk' Tories in town declared the system l)erfecl, and wi.-hed (he oflicc given to his son. It was given to me. Froni that nomeut we heard of nothing but defects in the system, ex- travagant renuuieration, and a necessity i'or increased responsibility. I retired. Two sets of connnissioners and the honorable gentleman from King's follow ; and now we are told that there have been gi'cat improve- ments. If so. to what are Ave indebted for the change ? To responsi- ble goverinnent ; to liaving the ollieers here. Tlie Tories watched me •well. The llljerals, depend on it, will look ])retty shar[)ly after my successor, and thus the public are better served. Apply the same practice to other departmeius and the result will be the same. We are told of the hardships ; Ijiil why shoukl an individual or two .-land in the ■way? In Canada, INFr. Daly, the Provincial ^ecretary, ha- had to mount the hustings, and why not ? The Attorney General ii/ars that collectors would do injustice to political ojjponents. I do not think so- r 1,1 * U ■i-\ II 508 {;i:ni:iial ijkply. mm '^' I iifvor kiu'w friond or foe !ii my (illlcc, ;iiiil if lln-n' w;v nny (lifTcronci^ iiiailc, till' <)i)[ii(e piirly crriiiiiily Iiiid tlic !i(l\;iiitii,i;i'. The Altoi'iicy (ii'iicriil tries (o rriirlilin (lie ('(iiiulry with IIh' iipiirc- hcnsidii lliiit we ;ii'(' S()iii;; l(» cithIi' m ])<'ii>i()ii li~( ! 'W'liy, >i\\ (InTc urn only iuiii" or livt' |)i'ii~iniicrs in Novii Scolin, — three retired jnd'^e-. niid two miiiiieipMl ollicers, — iiiid all l»el(tii,u:iii,L' tn tlie opposite party, wlio re- ceived their pensions Avith his consent. 'I'lie Tories, so i'ar, have L'ot all the pensions, a~ \vell a< all the ollico in Xo\a Scotia. It', to niak(^ the system complete it is necessary to p<'n.-ion aiiyliody now in ollicc, enough can he saved IVom the ainoinits at j)i'e,-eni paid ; those who lake and retire IVom ollicc; hercal'ter will he entitled to no pensions. Another bnghear is the initiation of money votes, which means nothing more than making the Kxecntivi^ Conncil examine all claims npon the treasury, and tak(.' the responsii)ility of I'econimending or rejecting them. It gives them soin(! troidile hnl no more [lower. A govermnent which has a Par- liamentary majority may pass or resist any money vole now ; what more conld they do if the mode was changed? Siippo.. they decdined to reconnnend a grant for a necessary service, any member could move and carry it as he does now, and as Mr. Merrilt moved and carried a grant for the St. Lawrence canal against the welshes of Lord Sydenham'ri gov- ernmenl. JJut, says the Attorney General, it is folly to imitate the mother country because she is so large and Xova vScotia is so small. If this is an argument at all it might be urged against the introduclion of the sci- ences, or of the common law, as well as against the introduction of Ijritisli modes of governm(;nt. There may Ije more weavers in CJlasgow than there are people in Halifax, but is that any rea-on why v.e should not liave a loom? Judge Stewart's remark would be worth som(.'thing if we had ever sought to jjuI the giant's armor on a child; to crush Nova Scotia beneath the cund)rous weight of Kurt)pean eions that responsible government would create an oligarchy. An oligarchy ! Why, we had one of tin; most odious kind under the old system. Who ir. I join issui! with him here, mid tell him lliat the ael loi- incoi'poi-ating Halifax alone, swcj)t away more corruption, and did more >l ll lan at HA measures, |»asl, present, and to come. I lell Mm llial ilie policy A\ith respect to the coal mine-, upon which he pluuns him-elf, was recom- meniled, adopted, and carried out by the former administration ; and that a greater saving would have been ellected by the regi-trar's bill, which tlie jire-eni government lia\e >■ bui'ked," than by all their Ii from m^ heart that the vVtIorney (leneral would drink a little Juon; of it. He says that the acceptance of tla; com|)liment was an outrage upon Nova Scotia. I tell him that the; lender of it, by any body of our fellow col Nova Scotian .-hall shrink from mingling in festive scenes with his fel- low subjects, and ))roclaiming t(j all the world the [irinciples hu professe.^. The Speaker threw his weight into neither scale, he but defined the just boundaries of oin* Colonial Constitution. Dut suppose he had done more; oni^ts, was an honor to the country. Far distant be the day when a suppos c he had played the i)art of a "liot play partisan. who wouM have been to blame ? Those who counselled and encouraged the treatment he had received, and which was at once an insult to this House and to the Province at hirge. The Attorney General tells us that all the members of Council were willing to retire in duly. Why wa.s the fact not comnuinicated? Why did no one retire in January, when Mr. IMcNid) oU'ered to waive hi.s claims for the .sake of peace? Why not in February, when one retire- 43* 1.^ ' ; tV 'in-M'-' r>]o i:\KI! AT, I!KPI-Y. ' r I i i'i M! a iiiciil AVi'iiM li;i\i' -iill-li' (i|i|i(i-ili()ii ? ^\'ll_v iml .'it ill'' 'ln-c of llio 8('v-i(ltl. Iirl'dic a -IimI'i UJI-i aillliil Ml I^oid I'';illJ;ili(| i' llr -;iv^ lllSlt IIU! llOlc M III la l,iil iii\' lull aii'l n>iii|)l('|c jii-tilicalinii. Tin' Atlid'nry ( Icii- cial iiii-iiinli i-|(hmI till' Sitmlici' wln'n |hi sii|i|Hi-i'ii ihat lir ni' any iiu'in- licr (if ill" ')|i[iM-iiiiin IsiU'W lA' il> cniilrnl-;. lie say- that llic (invrnioi' lia- iiitl ili-ccnili'il into llir aiTiia, lliat I am llir ML'-^rcs-or, ami ilic cause of all till' lillliciiliy. Iiiil, >ip, I canii' Ihtc ami ludk my scat a- an indc- pciidcnt nil iiilicf III' iliis As-cmldy. Tlic (lovcrnor look niicon-liliitioiial lilici'lics wiih my name in liis notes and di<|i!itclics, and sent liis ei'owii oHiccr- lei'c In jii-tijy ilial lolly liy a .-(ilcMm iiiipcacliiiicnt. 'i'lic learned leader iliiiik- llie (invenior (iiiL'lit nut tu liave licen assailed. Jladliis advisers aeinl ujiun (nii- j)i'inci|i!es, aiir the ihc (irigin of 1 di.-closnres." ate any thing cnilier of the u writing, the lie snlfK^ient, ( iiiverninent, to whicii was vcrnnient was n- autliorship ed, who will ('fence of the its head. lUit, anijilc? Did Council, and itnient ? Did OKNTHAI, ni'll'IA'. .Ml lie n nnieh Ihtii tuld a> >iiitrd the adiiiiiii-lralio'i. and had the male- rial facts liei'ii ('(iincali'd iipuii which reeled llic dili'iice. riiii ihey extorted the truth, — they have got it. and let tln'in not conijilaiii. 'I'hey loaded their Ivxeciiiive lihnidcrlin«s to the ninz/le, and would hasc made imi the victim ; they ha\e inis-ed Ihi'ir aim, and Iiieii kimckid o\er hy llie recoil, liiit the ianlt is none oi' mine, 'i'lie eximi in which I have, xi-ed my di-ci'etioii will he judged of liy (lie IIiiiim' and hy ihe coiinlry. ]\Iy slaleineni .-taiuls nnciinlrailicled, and I have hd fear, if neces-ary, that it will not lie fully coiilirme my tiianks lo tin iiimitter fur the patience and atleiilion with which I have lucn heard. I'luiii ihc niimliir of .speak- ers, and ihe vrvy nature of a general reply, 1 would ha\e linmd il dilli- cnll, even if F had jiossessed tin' power of eoinlen^alioii, which tli(5 Attorney (ieiieral lells u< he due-; not, to have coiiipr '--ed my thonghls into a narrower coinpa<-. I feel, however, that eiioiedi has heeii said, lo place the government, whalever may lie their majoriiy here, lieforo the jieople of \o\a Scotia in no en viahle light. We are told of a judges who once [lointed his stick at .-i pri'^oiier, exclaiming, " There i> !i great scamp at the end of my slick." The andiemv^ were convulsed wil h langhler when the man, liowing politely to the eonri, impiired, '• At which eml, my Lord?" The Attorney (Icneral, having pointe(l Lord I''alk!and"s Iiatoii at me, and called upon his Lord-liip to inform the<'iiimiry thai there was a violent, anihilions, and impraclicalile man at the end ol' il, he mn--l not be surprised if tin; shrewd people of \ova Scolia, with great good liunior, ask — "At which end, my Lordi'" The .-iiiiation in which the leariK'il gentleman has got the governineiit is very like, that to whicli till! ele|ihant of tin; nielodraino was reduced at Driiry Lane. In tlio midst of Timoiir the 'i'arlar, or some other gorgeous perllirmance, a dreadful noise proceeded from the howels of the pa>teliiiaid elephant, Avhich was soon knocked to pieces, and two men tnmliled upon the stage. AVIicn the merriment lia(; government. The Speaker, Mr. Howe believed, declined ; but that out of the feel- ing displayed by the Lieutenant Governor arose the letters of "A Con- stitutionalist," which were not written for the mercenary and mean fj s ;i I teeth into the MU3QU0D0B0IT. 513 niiitivc-: atli-iliiiird, I»iil to ahato (he nuL-anci' of uhicli Ul> Lonl-hip conip'.aini'd, I ii()\v..-aiil yU; Ilnwc, add that Lord l"\ilklaiid cxiin^-cd lii- apvoval of tlio-c letter.^ as tlicy a[i])C'arc(l, and, iict'orc llir a-~tMnlilcd Council, tlianki'd the antlioi-. wlioi'vcr lie was. in tlh. wai'nu'.-t manner, i'or his services, all the rnhare lli(3 teeliiiir, and not unc of them takini^ ex('e|ilion to liie letters. AVliether ^fr. Dodd \va-, or was not pre-ent,! do not reineml)cr. A^ tli(3 letters a[)|Hared in the sniiuiier. It is very prolialjle he was at home. Tli(> statement now made, is .~iil)-tantially correct, and ha\ ing made it, I shall di'l'eiid it liei'ore all the world. Tho 8pe;ilc(U', iMr. Young', subispqiiently obtained ppocial povmissioii to report Ills recolieclions, Init declined, i^iving as a reason, lliat "llie ;ak ; whih^ the other statement, that tlu^y were willing to eonscMit to the sacri- fice of j\[r. How(>, was llally contradicted by every gentleman of that l)iirly who spoke in debate. It was evident that the administration, vrith all the patronage of governuKMit at iheir dispostd for fifteen monHis, were but little stronger, and it was (piite as apparent that they were, every day, losing ground in the country. At tlu> close of the session, Mr. llowc' moved his family into the interior, where they spent two years upon the hetid waters of the Miiscpiodohoit. " Tliey we're,'' we litive often heard him say, " two of the lia[)piest years of my lifi'. I had been, for a long time, overworking my brains tuid imderworking my body. Hero I worked my body tuid rested my bnuns. We rose at daylight, breakfasted -at seven, dined at twelve, took tea at six, and then iissembled in tjie library, where we read four or live hours almost every evening. I learned to plough, to mow, to reap, to ( radle. I kn(!w how to chop and pitch hay l)eforc. Constant exerciser in the open air made me :is htu'd as iron. My liead wtis ch'tu* tuid my spirits buoyant. My girls learned 1 i .1 ' \ i I'l I t il i p'1 'a , flCT^ I t 11 •11 I \ il \ 1 J 614 nCNIC IN CORNWALLIS. ;M' ; r,„ u :' . ■ to do every lliing that llic (liuiqliterH of our p(^asaMts learn, and got a kuowledgi! of Ijooks wliieli, amid;?t tlie eiulless frivolities and go.ssi[)ping of eity life, Ihey never eould have actiiiircd. Aly boys got an insight into what goes on in the interior of their own country, wliich should be of service to thcin all their lives. I read The Edinburgh Review i'roni the eonuneneenient, and all the poets over again ; wrote a good deal, and yet sj)ent the best part of every line day in the lields or in the woods. INIy children were all around nie, and in health; and, although I had cares errough, as God knows, and you know, I shall never, perhaps, be so happy again." Between haying and harvest he found time for some excur- sions to the westward. In July, he was invited to attend a public meeting and to accept a public dinner at Digby, where he spoke for three hours, and wdiere his only living sister, whom lie dearly loves, heard him for the first time. There were meet- ings and diiniers at Lawrence Town, Falmouth, Windsor, Brookiield, Liverpool, Lock's Island, Barrington, and a monster picnic in Cornwallis, where about fifteen hundred persons of both sexes assembled, under the greenwood trees, to welcome the regenerator of Colonial institutions. The following address was presented : — ]Mu. JosF.rii TIoWE : Sir, — It is Avith feolintr-^ of no ordinary joy and gratifK'ntion, tliat avo ■welcome you to our fertile county. No lan- guage at our command can adequately convey to you the unfeigned sat- isfaction and heartfelt gratitude with which we have ever witnessed the imtirlng zeal and jierscvcn'ance you have disjilaycd, in supporting our best interests during the whole tenor of your political career. Time would fail us to enumerate even the more prominent scenes in which you have stood forth the friend and ciiami)ion of the people, and triumpliantly fought their battles, both with your pen and in the legisla- tive arena, and l)y wliicli you have won their lasting confidence and af- fection. Ihit we feel it a duty incumbent on us to mark with peculiar applause and approbation, that noble and disinterested act by which you and your associates cast off the shackles of office, and came forth the staunch and unfettered guardians of the people's rights. For this, as well as for the successful exertion of a whole life-time spent in promoting the glorious cause of British Colonial freedom, in the ^i ■i loam, nnd s frivolities aired. My ior of llieir I llicir lives, •eiueiit, luicl L'l spent the roods. INIy alt hough I shall never, some excur- to attend a >igby, where iister, whom :; wvvv. mcet- 1, Windsor, id a monster 1 persons of to welcome ving address ordinary joy ity. No lan- miV'igned ftit- witnc^sed the ipporting our cr. lent scenes in le people, and lu the legisla- ilciu'C and af- wiUi peculiar )y which you luie forth the 'hole life-time rcedom, in the PICNIC IN CORNWALLI:^ 515 name and on hehalf of the reformers of King's county, we beg to tender you our Ijest thanks and confidence, and our sincere and earnest ^vi:^he9 for your future usefuhiess and prosperity. King's county, July 17, 1845. Mr. llowc^ spoke for four hours to this gi'i^at audience. From the only report that we can iind t)f the day's i)roceedings, wc take a short extract : — IMr. Howe's heallli followed. How it wa.-? drank, it becomes us not to say, l)ut it will Ije many a year before lie fiu'gets the brilliant and en- lli'.'.siastic scene which surroiuided him when he rose to reply. lie may, indeed, l)e panloned if, at that moment, he forgot that the three members for King's county, who backed Lord Falkland's proscription, ever had ex- istence. The venerable forms and hoary locks of age surrounded liim on every side, the upturned faces of these patriardis beaming with a blessing; the vigoi'ous forms of '■ a bold peasantry — their country's pride," were then', telling how they had boi'iu\ and were still able to bear, the heat ani'ciiliar eliarin, some native charaeteri^lic. tliiit Xova Seutians must he eiinienled to admire, and satisfied lo want ; hat when he came to conteniplati' that iirst best gift of God to man, he eould jilaee the j^ii'lsof his own wild eonntry besid*; those of any portion of the globe, and thank Providene*! that those wd>o were to lie in our l)osom.s and beautily our Lomcs, were their eciuals in personal loveliness, in taet, and virtue. lie would not undertake to decide the (piestion whether King's county wa?, or was not, the garden of Nova Scotia, but he had never seen a garden graced with so many ex([uisite ilowers. The greatest triiiin})li of llic year, liowever, was the iinpves- siou made by INIr. Tlowe, eoiitrary to (everybody's expectation, upon the county of Lunenburg. This county, originally settled by Germans, and peopled l)y their descendants, had hitherto sustained every government. Its inhiibitants, a fine race, but attached to the traditions of their fathers, were assumed to be impervious to political speculation. INIr. Howe went among them, and addressed about one thousand of them in their shire town in the open air. " I half expected," we have heard liim say, " that ihey would have broken my head. They carried me home on their shoulders." Other meetings ft)llowed at Chester, Mahone Hay, and Lahave, and when the elections came roinid three of Lord Falkliuid's supporters were unseated and Ihree of Mr. Howe's friends returned. No reports of the speeches de- livered in this county remain, l)ut we have heard those who were present at these meetings express their astonishment at the perfect mastery which INIi*. Howe so suddenly accjuired over the German mind. The only scrap that I can iind reported is this : — I have been told, said Mr. Howe, that it was useless to come here ; that the Germans loved not free discussion; that they could not under- stand me ; that they were dee^dy prejudiced; and that they venerated Tories as some of the heathen nations reverence^ the ape. Can this be true ? Have you the hands to toil, and the frames to endure, yet not the intellects to understand the true interests of our connnon country ? Does tlie old Gi'rman Idood lose its generous and eimobling (pudities when it circulates through a Nova Scotiuii's veins ? Have you the industry, the 1 1 1 ill J. yards ; Kng- cai'h aiul all lova Scutiaiis •n he cami; to (' llie <^irlsof )o, and lliaiik Ixjaiilily our 1 virtue, lie s fouiuy was, iccu a garden the impvcs- oxpectation, nally settled liud hitherto uc niee, but sullied to be ^vellt among lu then- shire c heard him •y carried me d at Chester, came roiuid and three of speeclies dc- d those who )uishmeut at K'(iuived over reported is (() conie here ; iiid not iinder- IJiey venerated Can this be ire. yet not the )untry? Does iilities wh(>n it L' industry, the AMONG THE fiFJiMANS OF LUNENIJURG. rAi frup:ality, tlie lion<'s(y f)f f'atlieriand, yel laek its love ol'liLdit, its pah-iotic. ardor, its aspirations alter knowledge, its d(.'votion to ra'idiial liliei'ly? Forliid it, lieaven ! The German an e neiny It rei! di,«eii--i()n That woidd lie stranire indeed. AVho, when the world was .-hrdiidcd in ilark ■when kiiowledg(! was eonlined (o the stno; and yet I read in history, that when and abounding Khin bad men in pow er Europe groaned heneath the feudal system — when each mail-elatl liaidu built his ca.-tle on the roek, ami harassed the [leasant, and levied conlri- to (ierinan energy, and eoiu'agc, and in- buti ions on the nierehant, it wa^ telleet, that I'airope owed its freed )ni. Tl of C ermany formed that iioliU; league, coniluning all wl leii II wa< that tiic frn- ciiic lo li\eil ii\' laiior against those who lived by rapiiu', and liattering aliout tinir oj)pn'-.-ors' ears the strong-holds of Toryism, whose ruins sui'vive liiil to deeorale llie scenes they no longer overawe. Jn ap[)roaehing the subject of responsihle government, ^Ir. Howe traced the evils which afllicted the three kingdoms beliire it- introductii in l('iS8. Until inav be; said, what interest has thi^ (Jeriuan in tl m MS (inestion? If that Avere possilde, even nior e than tin; conn noil t hib (ireu ( ifth (jil, si)rnn'j; irom iillier source Let it never l)e i'ori:otteu that Avith the German dynasty came responsilde government into Mug- land; that, under the House of Hanover, it has llouri>he(l ever >ince ; and that Queen Victoria*, an I'Jigiish Queen, sprung from a Gn-man stock, rules by the v<'ry princi])les we hav(> assembled here to a--ert. If, th len, vou were all G ermans, us your loreiatiiers were m 1 i.j>''. yon eo uld not be enemies to i'lVi^ discussion; you couM not be Tories ; you could not be foes to responsible government ; btit you are Xova Scotian< ; you are my connlrymen, Ijound to love, to clierish, and to guard, the land which Providence has given yon as a home lor yoiirstdves and an iidiei- itance for your children, and it is a foul slander to assert that, in the struggle for her dearest interests, you will be found bidiind the re.-t of her poi)ulation. Towards the close of the sc^nson a mass meeting was held iu the capital, at which a series of spiritixl resolutions, ajipliciible to the then position of public aii'airs, were })assed. Among them we liud the foUowinii;: — 44 1 I ;i!i ^i! ^^; ; ii 518 MEETING IN HALIFAX. ■I Rrsnlrrrf, That flin unwoaricMl efforts inndo l)y Mr. .To>oi»li TTowe to arouse liis comitrynicn lo the importance of llie present crisis, ami to coni- munieate to distant and scattered eonstitneneies, sound information, de- mand from us the expression of our steady confidence and approbation; wliile tlie unconstitutional proscription of that gentleman, by the advice of the inveterate enemies of good government, and rational Colonial advance- ment, hut gives him a higiier title to our cordial and united support. j\Ir. IIo\V(! acknowledged tlie compliment paid to him in the resolu- tion, and alluding to the ])roscription, said that he would like to be pro- scribed again, as his enemies had been condemned by twenty-two public meetings, and he had been complimented with eleven [)ublic dinners, lie wondered in what part of Nova Scotia His Lordship's Councillors could carry a majority, or where His Lordship could get a public dinner. His Lordship had the government, and was welcome to it ; the ex-Coun- cillors Jiad the hearts of the people, by far the most honorable heritage, and the fairest possession. Early in December, Lord INIetcalf arrived licrc, en route for England, to die ; Earl Cat heart, commander of the forces, being left to iidminister the government. With the departm'c of Lord JNIetcalf the strnggle in Canada for administration by a cabinet, formed, and led, consnlted and responsible, as in Eni'land, ended. We had to struggle a little longer, but everybody could now sec sunlight through the clouds. From time immemorial a levee had betvn held by tlie Queen's representative^ on New Year's Day. The ceremonial was omitted in 1840, and the circumstance was assumed to indi- cate that th(5 real state of public opinion had at last penetrated into Crovermnent House. The f;essioii opened on tlu^ lOtli of January. In England, Sir Robert Peel resigned about the (Mid of the month, and the Whiijs came in ajijain under Lord John Russell. Lord John subsecjuently retired, but replaced Sir Robert again in July. Hoping that responsible government might be thereby stran- gled, and the difficulties of the liberals — should they ever come into power — be increased, the object of Lord Falkland appeared to be to withdraw from the control of P<olii- cc to be pro- (y-two public iblic ilinners. s Councillors )ublic dinner, the ex-Coun- iblu heritiige, cn route for forces, being leparturc of t rat ion by a iblc, as in onger, but Is. lu; Queen's monial was iH>d to indi- penetrated u England, ith, and the Lord John 11 in July, lereby stran- Id they ever M'd Falkland Pm-liament :)nverted into dministration on the tenure of publie eonfidenee. On the (U'fah^ation of the late Ticasurer, I lis FiXcellcney appointi-d Mr. I'^airbiiiiks to that ollice, ))roiiiisiiig it for life, though it had t»ccii (•sp<'cially named in Lord John Russell's dispatch, as one of ihosr which should he held by a parliamiMitary teniu*e ; and when, as was af- terwards discov(>red, tjic salary being voted annually, no ])atent such as INIr. Fairbtuiks was induced 1o rely on was worth a sixpence. A i)ill, introduced by Mr. Marsliall, for disciuidilyiiig certain ollicers from sitting in Parliament, was designed 1o carry out the same [)olicy, and was, after a shari) debate, car- ried dm-ing tins session. In att(.'mpling to j)ay over to certain public ollicers ,£7,800, claimed as arrears of salary, the govern- ment was signally defeated, and the consideration of the subject postponed. W(! give some extracts from a speech, deli^'jred by Mr. Ilowe, on Marshall's bill, in ri'ply to Mr. Wilkins, which illus- trate the compactness and energy of his style : — The learned member told us that the Constitution of Nova Scotia was the work of a Colonial Secretary. I deny the fact. Our Constitu- tion was worked out on the floor of this House, by the conflict of Colo- nial opinion ; by the enerjry and sagacity of Nova Scotians themselves, aided by a combination of circumstances in the other Colonies. Lord Glenelg never yielded one concession till it was asked by this As- sembly ; Lord John Russell wrote no dispatches, not b.'ised on our Constitutional demands ; and Lord Sydenham worked out the new system by and with the aid of the leading minds in this Assembly. Nor can a Colonial Secretary destroy our Constitution ; it will be guarded, expand(.'d, and preserved, by successive generations of intelligent men, in spite of the unnatural attempts of such persons is the learned member for Hants. That gentleman tells us that all in portant appoint- ments have been given l)y the present government to representatives of the people. Let us remind him of the three late appointments made to the Legislative Council ; not one ever re))resented a constituency in Nova Scotia, though one had borne a high oflice in the municipality of Halifax. He tells us that the Governor is " nowhere." I do not un- derstand his meaning, but may say that if he were anywhere else but in Nova Scotia, few would be very sorry. The learned gentlcnnui deplores the selli>h ambition, and absence of moderation, in his opponents ; but we can scarcely compare them, in these respects, with the supporters of fl I; i:I^H 'I I'i ■W r>20 1]EPI.V TO MR. WILKINS. ' .liv ■ ■" " t ■m m n "fii^' tlic ])r(s('nt pnvfrnmfnt. Ilnvc tlicy not crrii-pcd at cvfi'y oflloo tliiit has t'alli'ii \!H'aiit. and ili\ idccl tliciu aiiioiii; tliciiisclvcs ? Do llicyiKit seek (o witlidraw the n'ci|ii(Mits tVoin this JIoiisc, that they may hold those* ollices tor \\\'r iiiichci'ki'd hy pojtidar coiitnd!' Were not three silk p)\vns jjiven to three lawyers in the western section of the Provinee, the elainis of seniois heinir siit^dited, and the eastern counties heinj^ left Avilhont counsel tor the crown ? The learned trenllenian rxhihited some selli>hness and but littli' moderation in claiming his share of the i^poils. lie tells us that Lord ^letcalf ami we are opposed. I deny the fact. Are we jiressing for any lliiiiii more than that nobleman acknowledged in Canada? Did he not govern by a iiai'liamentary majority, working through heads of departmcMits? Did not Lord Sydenham and Sir Charles IJagot <1() the same ? I do not believe, that at this moment there is si n\an in Canada, of any jiolitieal parly, who would inak(! so servile and abject a speech as that to w'.iich we have listened to-day. The learned member is very anxious .'d)Out the interests of the mi- nority at the next election, and asked what would become of them? Why, what becomes of us ? We have never excited his sympathies, awakened his solicitude. Here we are, a body of independent gentle- men ; boinid together by public ties; resisting the blandishments of power; rejecting the sweets of olliec ; taking our stand upon public principles ; supporting good measures, and opposing bad ones ; and honorably discharging oui- duties to our sovereign, to each othei', and to our country. We liavc asked for nothing — got nothing. Let those who charge us Avith andjition and selfishness copy our example, and follow in our footsteps, if they are left in a minority. If they copy us, they will secure public confidence ; if we co])y them, we are certain to lose it. But, sir, should parties change sides, our diflicuUies will not arise from any selfishness or want of moderation in our own ranks ; they will not proceed from the manly and disinterested conservatives, who will go into op[)osition. Our dilliculty will be to deal with such " loose fish" as the learned member, who will support any government ; ask patronage and take it from any administration; and who swim into any pool which happens to be full. How can we resist the claims of conservative gen- tlemen, who go into distant counties with old newspapers in their hands, applauding our acts, and swearing by our opinions ? The opposition may have committed errors and have had their faults; but a more manly, public spirited, united, and disinterested body of men, were never ex- hibited by the legishitive contlicts of any country. What right has the learned member to ii[)braid such men ? Has he evinced any repugnance! to take ollice ? ILid the Governor to chase him over the marshes of r'it IM'.PLY TO MR. WILKIXS. 521 ITiro tliat 1ms •y IKtt sci'k to I those (illict'S L^owus jrivon the, I'liiims of ilhoiil colln^el (.;lli>llHI':^> !iml .c tells us tllilt c we prossing 'miiulH? l)i«l II till heads of r>!\p:ot re)tten and defective was the olel system which the learned geiitleinan aelmires, — that he woulel not liav(! (blight to maintain it. Let us have a Constitu- tion that Ave can fight feir ; and then the' generous ties that bind us to our latherland can never lie rent asunder. The learneel gentle'iiian never wearies of d'Miouncing the idea that the "leaeling minds" of North America are te) govern these ne)ble' posses- sions, by the constitutional fen-ins, anel in the same wise' anel !e)yal spirit of mutual forbear'vnce, by which the dignity of the throne is uphelel, and the liberties of the people are preserved by the " leading minds" at Imme. His idea of a perfect Colonial government, is a Governor to whom all knees shall bow, all interests give place, all forms yield, and to whom, however wanting in temper or dcficie'nt in intellect, the wise and patriotic natives of the country shall tender no advice anel offer no resist- ance. Carry out his theory, and these Colonies are lost. But, sir, has his theory ever been reduced to practice here. Look back for forty years, and show me a Governor that two or three clever men did not rule. Sir John "Wentworth, Sir Peregrine Maitland, Sir James Kempt, .Sir Colin Campbell, were all either governed or largely controlleel l»y the; adroit and able luca by whom they were surrounded ; by the leading minds of the 44* i'f' u '< ■ 1 1 :\y 1,1 1 i i ■ ii '■ 1 k i .1 I I * it f r' ^li! r.oo REPLY TO MI{. WILKINS. (I'ly. Si) ii must over In', licoaiiso iIk- stnui!; iiiimls llial. luilurc i>ro- (liiccs ;4ciiii-;illy sliiy at lioiiic, wliilc tin; weak* r ones, that can be spared in lOiiiiluiiil. the i^lcaiiiii!.''* of tlio pccrair*! or the army, arc ol'icii sent to <;ovcrii. ami must siircMimIt t(t a raii,if(.' ot' intellect hcyond tin- elevation of lliejr ()\\ n. A\'!i() iroNcrns Xova Scotia at this moment ? The learned memlier will li'll ns — Lonl I-'alkland. 1 tell him — the Atldrney (leii- eial (i|i|i(i-iie, III iis lar^'e an extent, with as ahsolnie an inlhienee, as Sir Ivnhei'i i'eel, in Kntilaiid ; aye. and with a tenure of power more seciu'e, becau.-e every eoned. The learned p'uthMnan iidoi'iiis us that re>pe('t I'oi- (!o\ci'nors is M'earini^ away in Xova Scotia. I deny the fact. The oilice is .-till held in hiyh respect hy the people ; it' the individual who tills it has I'orleited their esleem. it i^ nnich to he deplon-d, though on this topic F iiave no ■wish to dwell. Tiie ex]ierience of the jiast two years has shown all j)arties tlie lt>lly of introducing the (Joveruor's name info our discussions ; it ought not 1(1 lie hi-ought here, hecau-e it sh.ould never he used to intlu- ence dehale. and if so used will ever lead to criticism and retort. The learned gentleman has raked u[) an old nowspaj)er. and charged me with having changed some opiidoiis expressed in iHoo. Suppost; I had, sir, ■svhat then ? I am ten years older now than I was in ISo,"), and I ho[)C ti little wiser, ami if my increased experience had shown sonie opinion to be unsoinid, some theory to be impracticable, I Tvould come for- ward like u man (as Lord John llussfdl did the other day) and announce my recently l()rmed. it might be, be.t my didiberatc conviction. Jjut, let us see what were those strange opinions ■which I expressed ten years ago ? " That no (Jovernor in North America can hope to govern by patronage alone." I say so still, and if proof were wanting of the soundness of the maxim, it would be found in the weakness of Lord Falkland's gov- ernment at this monu'ut. and in the fact, that, with all the patronage of the I'l'ovince in his hand, for the last two years, he has not been able to seduce one man i'rom the ranks of the opposition. I am next charged with asserting '"that a Governor should have no partisans." I say so still. A Colonial Governor should have constitutional advisers, and be free to seleetthem from any party, and to dismiss them when ho jileases, but he should have neither enemies nor partisans. He should preserve a courteous demeanor to men of all parties, and have personal cpiarrels with none ; because ho knows not the moment when the honor of the crown and the interests of the Province may require him to call to his aid those who have been the most active in opposition. AVhcn Sir Robert Peel's cabinet was recently broken up, to whom did the Queen send a coufideniial message ? To Lord John Russell, the leader of the opposi- ;" M REPLY TO Mli. WILKINS. 523 ii- n '1 iKituro pro- Ill 1k! spiin.'il ol'icn si'iit to llic clcviilioii 'riic li'siriuMl lldriii'V (icii- uctii't', us Sir more ,-c<'iin', ..■(1. llovcrnors i-s V is >till hcM has tbrffitt-Ml )i(! I iiavc no i;is shown ill! r discussions ; used to inlhi- njtort. The irgctl nie witli oso 1 hiul, sir, ;'), ami I h()i)e sonic opinion lUl come {br- and announce tion. Jjiit kt ■n years a?;o ? by puti-onago ;oundncss of ulkhmd's j^ov- patronage of )t been able to next cliarged IS." 1 say so visers, and be icn lie pleases, iild preserve a ional cjuarrels honor of the 1 to call to his len Sir Robert Queen send a of the opposi- tion — ihc man who iiiid oppo-cil tlir t'ovcrnmcnt liir years. Ihr Ma- ji'sly had neither ](arti.«ans nor cncniics. Lonl KalMmid could not do tiii->, fill' he has both ; lie lias (piarndlcd wilh one parly ami nni-I rule by the other, or throw up the i-cin^ and r( tire. 'What I -aid in l.s;l."», then, lias been conhrnied and im! weakened by our Provincial experience. ])Mt I said that a (Jovcruor >liould I ju-l to all." I -ay m) still. Justice to all shoidd be the rule of every adniini.>tration. Tlii- was the ])rineiple upon whicli we acl"d when I was in the govcrmiicni. When- ever it was violated, as perhajts ii wa> in (»ne or two in.-tauccs, from a want of local inrormatioii, the reacti(ju was in/|urious, and It will be linnid that the pre-eut admiuistratiou has sealed its liite by a imiicy which cannot fail to bring down retributive ju>tic<'. The learned gentleman tells us that "the sagacity ami intelligence of oin- (iovernors >re the best security ibr our li!)crties." If these were our only securities,! should jiity my countrymen, and dcploi'e the fate of their children; but I would advise them to r(dy n|)Mn ihrii- own sagacity and intelligence, as Providence may sometimes ,-eud ilieni rulers •wit li very little of either. On what do we rely at this moment? On tlie Govei'iior — No! but on tla; control which our own sagacity and intelligence give us over the learned gentlemen op[io.-ite, who are bound to sit here and defi.'nd every exercise of tin; prerogative. Supi)ose the most able men in the emi)ire were seh cled, they must come here igno- rant of a thousand things without a knowledgi; of which there could bo no good sfovernment. The member Ibr King's is a shrewd and clear- ]i(>aded man, but su])pose he was called, at a day's notice, to govern a Province in India, of the language, the geography, the .-tatislies, the prejudices, of wdiich, he was entirely ignorant. What sort of (Jovernor would he make? Nay, take the learned member from Hunts himself, and send him as Lord Provost to Glasgow. Let a herald go before him and procluiui that a ''distinguished " lawyer, six feet high, dee[)ly read in classic lore, had come over from North America to gijvern th(i city, and that the best security iiir the interests and liberties of the people would be ibund in " his sagacity and int(dligence." I think 1 see the Glasgow l>aillics shaking their heads, and coming to the conclusion, that, though he might bo a very line I'ellow, as he must be ignorant of ten thousand things that a Lord Provost sliouM know, it might be as wtdl to rely a little on their own ''sagacity and intelligence." Now, sir, I rely upon my own countrymen for the good government of Nova Sco- tia, and, without undervaluing the rulers who may be sent. I may safely ])ro[)hesy that they will generally find here more intellect and inlbrma- tion than they bring. ' 1 I I I ! n ; I If ■M ro 21 l!i;i'l,Y TO MIt. WII.KINS. Mb ' Till' iiHMilHr rruiM II;iiit< iiimlr tin- .-iii^rnlar ii«s('rli(in lliiil llif |ii('calc of .-alaric- ; Iml In- kiio\v.-i llial liny (Iciiianilt'il l'l,(iS(l per aiiiiiiiii iiinrc iliaii we wmilil aviii^ nf thai >iitn niii-l lii> phicnl in ihr n-nhl nf the oppit.-'ilioii. 'I'hi* Irai'iii'il •rciilli'iiiaii ha> a'j:aiti tiiriii'il In liiinl Syih-ii- liaiu's |iii\alr lillciv, lo >rairh tiir -oiiicthiiiij at \aiiaiicc wilh liis |iiihlic nets ami pi'iin'iph's. Sir, I liasr >'\tr piuliv-lnl a^^aiiisl ihi' cuiirsc whii'li (tiir Ciiluiiial 'i'oiirs have piiiMiiil tnwanU the iiiciuofy of Lnril Sydcn- liaiM, ill M'ckiiii; to com id him ol' ilmihlc dealing; ami iii^iiirrrilv, liy uhicli h(> would appear a I'liarlalaii ami not a >lal<'stnaii. \\'ho dciiii'.-i that Lord Sydriiliaiii may ha\r wrillni ihal In' had piil down thr cry lor r<'>|M>Msil>lc ;.'ii\i'niii''nl "in il-^ inadmUsaldc sense"? Who would bhiine him il' he did!'' liiil can il lie shown that Lord Sydenham did not sanction fc.-poii-ilde !Zo\rrmiienl "in the senxperiment will not fail, either in Canada or lien^ ; .and (Jod liirhid it should, even though it may iirevent the learned memhcr from sporting his (igure in Congress, or discharging the onerous duties of President of the United StJites. No, sir, Ijrilisli representative government, fairly and legitimately worked in North America, will perpetuate our comieetioii with Great lirilaiii. Deprive us of that, and estahlish the petty des|totisin (hat the learned gentleman prefers, and lleets and armies would i)c sent and railroads constructed in vain. The learned meiuher was certainly not very consistent, when, tifter lie had attacked Lord Durham, who was dead, and the Speaker, who wa3 uailed to the chair, he reproached me with triumphing over a nobleman IIKPI.V TO MK. WII.KINS. r.) >zi> :il llic |iii'ni, iTt'liit (if lIlC! I I, Old SyiliMi- k il!i lii-i |iiilili(> coiiisr wliii'li Lord Svili'ii- in-iiii'ci'ily, liy W iin il('lli»v>< All till' cry lor Wlio wniiM iMiliiiiii dill not ri' iiiiilristaiiil ' Liinl .lolin Iirs rrcii;;niz(i icil ? IJiil, wo lie :iss('rti(m I > ; ImiI, iVoiii a iinciits, I liiivc iiy liavc iiccd- !• lliiit (iiiiirrcl, r Iiis constitu- soiiiid |iriii('i- O^ctlllT. Tlio IS " iiii oxpcri- :pci'iiiii'iit tlint \i' iiitrrposod. luly night and vprrinicnt will li, even though I' in ("ongirss, 'nitcd Statf!S. nati'ly worked [ii'cal 1>i'itain. i( (ho loarncd and railroads when, after he ker, who was r sv nobleman whii ua. Mil rrly niil ul' nll'in'. \n\v. il' I liail allark( ij l.diij Slaiilcy, liii' iii'Mii iil'ilir '.'i>\ iiiiiiiciil -ri > nil' llii' t'saiii|ilt' nt a--ailiii'4' l.iird • liihii Itit'-H'll, lircaiM' III' i mil nl' itliii'i'. Iliil I Miid hiilliiii<_r uf llir lali' Sifi'i'tary rM'i'|it a L'l'iii'ial n'riTriiri- lu llio raii^i'- a-»i'_MH'd liy llic llrili«li pi'i'"*. I iii\y ir-jiitilf ^lalriiH'iil -, 'arcriiil^ iirrali'il. any man ini'ilil liavr wriilm il. liiil -iirrly lli> l,nii|-lil|i, u In lli. r in m- out III' olliii . rai \. !■ Ill' ijiiolt'd a-i aiithorily ayain-l lirad- oj' ilrpart- inriil-. W'lial >aiil lir in (in' u'l'rat CaiiadiMii doiialr : — "Mr niiilrr.-loiiil liy * ir-pmi-iMr LMivi I'liiiiriil ' llial llii' ailiiiini-lra- linii III" ('aiiada wa-'lo lir rariird on liy llir hi'aii> ul' ilcpailininl', cii- joyiii'i ihi' ronrn|i'iiiT ul' llii' piupjc ul't'anaila. ri'^puii'iiilr lu llir Li-^is- laliii'c ul' Canada, I'r-puii'ililr lur llir r\('i'.'i~i' of ihrii' I'lnu'liun^ in lho>o ili'parlinrnls ; and inurr, liial iIh' ( iuvri'iiui', in prupunndini;' and iiilro- diicin^ji; wil'i hi-' >aiirriuii li "ii~lalis c nira-iiir> lo llir I'ailiainriit ul' Can- ada, was to lir lu ini nulnrr mi a-nrr- npun llirir aiUirr, llay lakiiiif ihr rr~pru-iliilily ul' rundiicliii'^' tin ir mra-iirr^ lliruii'jii l*arliamrnl." r>nl J was told thai I could not '-land li\r ininiilrs nndri' ilir la^h ut' the j^rcal Imjicrial ;:ladialur. I Iia\r -crn tlir arena, and I have -ecu the men, and liir lie i'luni mr llir vainly lu cumpare with ihrii' chief in temper uf weapon or -Innuili of arm ; iml ihi- 1 will .-a\. ihat, il' ihr cansi! were ;j;ooi|, I woiild raliin- lir cm iluun, and fall willi mv lacr np- tiinied to thr for, than liy hrliirr him, a- I havr mcii a Iranird craMii do mure than once in the fertile cuiinly of Ilaiil-. Sir, I rr-prci ( ulu- nial Secrelai'ies and memhcis uf i'ai'liamrni. Iml 1 alilmi' ihal spirit uf Infl-hnntinj^ toadyism, which had- .-uiiir prr-uns lu ^rrk \\)V infaililile wiMluin under a cui'onri, and lo niidn'\alii( r\ei'y ihiiiL; in unr uwn ooiintry, and lu wur-lii|) what cume-^ fruin aliruail. In the matter iA' Lurd», as u\' uthrr thiiii;-, we have IrariU'd in Xova Scotia, tiiat sometimes "distance IrinN cnrhantinenl lo the \irw,"' and tliat figures which overawe hy their iiiaLrniliidr and prupurlions, -rrn through the Iia/.r of thr liiiiad Allanlic, on a nearri- appruadi arr rr- duced lu llirir prupri' dimrii>iuii.-. in tl ir niulher cumilrv rank i- re- spected, and the artitieial di>rm('liun-- uf Micie'ly are prr-ri-\ed, liiii llnnj are eunununers who have oiil-honr llir j*'i ragr, ami takrii a iiiui'i' en- during hold of the people's atli'cliuns. What Scotchman wuiild not ex- change fur Wallace, Khun, and lliirns, thr whulr peerage (t\' his coun- try ? AVhal Irishman that dors nut prize (Jraltaii, Ciii'i'an. JJurke, O'Connell. almve all who were or ai'r llirir -upi I'iur- in rank, hut their inferiors in genius 'i 1 turn to the sister kingdom, from which uiy t-tock I : 'H :( ' I i:' 52G REPLY TO MR. WILKINS. PI ' '^ spi'iiig:^, and am not ashamed (o arkiiowlcduri' that I am heart and soul a Saxon ; but give mc IIam|i(kn, Sliak.-pcaiv, J\Iihon, I'itt. and Fox, and I will givo you as many Lords as would stand between tliis and Fresh- water liridge. The learned gentleman always reminds mo of the old Jaeobite cavalier, who told his son to bow to the erown if he saw it on a bramble. JNIy reverence for the erown is founded on the eon>titutional privileges and higii powers with which it is invested; my veneration for my sovereign is evoked by her virtues. In Fngland the people look wp to the peerage, as the basement and shaft of the i>illar may be said to look up to the capital, with a consciousness of strength which tempers jidmiralion for the ornaments they sustain. JJiit, >ir, 1 was surprised to hear the learned gentleman claiming for one nobleman all deference and respect, while tr;imi)ling upon the memory of another. Lord Durham, he tells us, '• was no statesman." May we not ask him, as the Yankee asked Sam Slick, " "Who made you a judge?" For really we have never seen any exhibitions of states- manship that would entitle the learned member for Hants to set himself up for an authority. lie compared me to an owl: in his own county the learned gentleman goes by the soubriquet of '• the stately bird ; " but of this I am sure, that wherever the government carcase is, there will he be found. AVhen he assailed Lord Durham, he reminded me of the clown in Hamlet knocking about Yorick's bones — or of that long- cared (juatlruped, who is said to have kicked a lion when he was dead. Lord Durham no statesman ! AVhy, sir, there is one single conception of that great man's mind — the railroad from Halifax to Quebec — with ■which Noi'th America rings at this very lioui', which has called up visions before the eyes of the leai'ned Attorney General, and which, once realized, will supply to these Colonies the vertebrae by which their strength and proportions will be preserved. Sir, such sages as the learned member from Hants may alfect to sneer at men like l^urham and Sydenham, because they are dead, and have nothing to bestow ; but let him remember that i,ii, P " Tlifv novor die who fall in a good cause," and let him be assured that successive generations of North Americans will bend over the tomI)s of the?e noblemen with veneration and respect; and that from the spots where they repose will come an emanation of light, and sweet savor of liberty, cheering to the eye and grateful to the sense, long after the principles tliey i)ropounded have laid the foundations of rational freedom broad and deep within the noble Provinces which their statesmanship saved to the liritish crown. The learned member tells J I I \ n\ t and soul a (I Fctx, and juul Frcsli- c of the old saw it on a oM-titiitional ■iioratioii for L)|)k' look up ly be .said to ich tempers claiuiing for e, was first announced in Lord Durliam's report. The policy and practicability of this enterprise had been discussed in all the provinces for several years. Meetings had been held and committees formed to pro- mote it. Mr. (ieorge R. Young took a deep interest in the sub- ject, and, being in England in 1845, had associated himself with certain persons who were, or professed to be, ready to form companies to open not only th(! intercolonial road, but the road to Windsor also. Prospectuses were published which led to a good deal of discussion. Mr. Young, and his brother the Speaker, were rather conspicuous members of the opposition. They had been appointed solicitors to the English company, and their conduct, and that of tiu'. promoters of the scheme, had been severely handled in the organ of the Provincial govern- ■!'■»■ ii i' M ii l: 528 PERSONAL DISPATCHES. '■' 1 f. m'4 I - 1 mcnt. Of this nol)C)cly complained ; nor would any body have complained had any member of the administration, hi his place in Parliament, attacked the Messrs. Young, or tlie persons with whom their names had been associated. But, to the astonish- ment of everybody, a dispatcii, with Lord Falkland's name at- tached to it, was brought down and read before the Speaker's face, in which his own name and that of his brother were re- peatedly mentioned, and in which Ihey were held up to condem- naiion as tlu; associates of "reckless" and "insolvent" men. The Speaker's feelings on hearing such a dispatch, read in his hearing, before the House over which he ])residcd, may be imagined; but he was in the chair, and for the moment power- less. His brother was apparently stunned by the blow, and everybody else seemed bewildered by the extraordinary specta- cle which the House presented. Mr. Howe saw at once that if a Governor, subject to none of the ordinary restraints of publication, could weave into dis- patches the names of genllemen whom he did not like, coupled with injurious imputations and insults, and then send these jiapers down to be read to the Legislature and published over the Province, any man's feelings might be outraged, and any man's character hopelessly stained. There was no remedy, le- gal, parliamentary, or personal, for such a state of things. It had never been imagined, and had of course not been provided for. He had, hitherto, evinced great good iuimor, although spirit and independence enough, in fighting his own battles. But here his friends were assailed. The (Jovcrnor had smitten the Speaker (with whom he was bound by all our usag(\s to be upon terms of respectful courtesy), in his chair, before the whole House. There was no such case to be found in Hatsell, or on our journals. Mr. Howe saw at a glance that Lord Falkland was pursuing a course that must degrade the Legislature, and lead to personal collisions. He di^termined to check him, and did it so brusquely that his warmest friends were for the moment startled, and thought he had gone too far. The l)est proof, however, of the correctness of his judgment, is to be found in the fact, that no such liberty has ever been talani by a Governor with any gentleman's character ; or, at all events, no such dis- ■fel MR. HOWE'S RETORT. 52U patch has ever boon since brought down. The. few words de- livered on this occasion, h;ive so often been mirJreported that they sliould bo preserved : — Mr. IIowc said that lie should but ill discharge his duty to the House, or to the country, if he did not, ou the instant, enter his ])rotcst against the infamous system pursued (a system of Avhich he could speak more freely, now that the case was not his own), by which the names of re- spectable Colonists were libelled in disi)atches, sent to the Colonial of- fice, to be afterwards published here, and by which any brand or stigma might be placed upon them without their having any means of redress. If that system was continued, some Colonist would, by and by, or he was much mistaken, hire a black fellow to horsewhip a Lieutenant Gov- ernor. Groat excitement was created by this speech. Questions of or- T were raised, but nobody had taken down the word.^. A vote of censure was passed l)y the governniejit majority, and Mr. Howe addressed a letter* in justification of himself to his constituents. It is impossible to read this letter without appre- ciating the dexterity and courage with which, at this period, ho fac'd a hostile majority, for the establishment of principle's which no man now, in any of the Provinces, pretends to question. The impression made by this dispatch on the Speaker's own mind, may be gathered from the opening passage of a letter Vvdiich he about this time addressed to the freeholders of Inver- ness : — It would be difficult to express the indignation tliis dispatch excited in my bosom, when it was first read, — a feeling which was [)articipated in by my political opponents as well as friends ; for I am satisfied that with the exception of a very few of the extreme supporters of the gov- ernment, the impression in the Assembly is common to all parties, that this mode of assault on public men, l)y or through a Lieutenant Gover- nor, while it is new in Colonial history, is unfair and oi)pressive to the subject, and places the (Queen's representative in a position alike uncon- stitutional and dangerous. Besides the letter to his constituents, j\L'. Howe found it ne- * Seo second volume. 45 ■KV if ■ ' iomanry at these and other places s])irit-stirring arguments upon the state of public aflairs. Lord Elgin was about this time gazetted as Governor General of Canada. In the autum of 1840, Mr. IIowi; addressed two letters to Lord John Russell, which were published lirst in j)amphlet form, and afterwards reprinted in the leading newspapers of British ■■151.1*1* >. I' I ]ffi':/|!|: (I Falkluiul istk', of the the i^i'coiicl ■ Ai)vil Mr. ,Ir. WilUius . Falkliuurs as cimvully ^as held on he h'ft the to Bombay, ice, without imer cUiud," 1^ ill a return ' years had fohii did not nself like a by a genial ze from tlie men ])egaii i which liis lalition was icluded Mr. )o coniideiit s(^ who now »\ver to oiler. they might, owe made a 'ing compli- igonish, and r<(^ and other ublic affairs. IS Governor ^o letters to mi)hlet form, rs of British LETTEHS TO LOrO JOHN RUSSELL. 531 America. Tlu'y were universally read at the time, and wc tlunk that they will be read now with even greater interest, for every day's exiierience j)n»ves the sagacity and shrewdness with which the true sources of weakness in this great empire were indicated, and the genial spirit of patriotic boldness with which simple remedies were sought to be applied. In 1839 Mr. Howe had written his letters to Lord John Russell on rcsj)onsible government. In 1846 he justifies the adoption of that system by tlu^ fruits of seven years e\i)erience. In the seven previous years there had been "annual bills of indictment" sent from the different Provinces in the form of adtb'csses to the crown. Delegations to England with l)udgcts of Colonial grievances, and two armed insurrections in the Canadas, costing four millions sterling. Since the adoption of " the new and improved principles of internal administra- tion" there had been neither addresses, delegations, insurrections, or expense to the imperial treasury. " Grievances have ])eeii removed l)y the; circumauioient pressure of r(>sponsibility upon the executive heads of departments and ofhcers of government, or where it was inconvenient to rciuovc them, the storms occa- sioned by their continuance liave burst over the heads of thcj^e whose folly or cupidity evoked them — their far-o ft' murmurs only being heard amidst the unwonted tran([uility of Downing street." So far all was well ; and it will be seen that Mr. Howe's main obje:-t, in his first letter, was to reassure Lord John Rus- sell, and satisfy him that the new Constitution had worked successfully and ought not to be disturbed. But these seven years of experience, as well as many pre- vious years of personal observation and thoughtful study of Colonial history at all periods and in all parts of the empire, had taught Mr. Ilowe that good Governors were indispensable to )OC the safe working of any system. To insure a supply of g( ones he recommends that they shall be drawn from the whole empire, not from the i)0[)ulation of two small islands, and that those who misgovern British Provinces shall be pnnished, or at least shall not be ])r();uot(Hl. It is impossible to read parts of this first letter without smiling at the delicate irony which runs ' i . 1 1 I It /r \ I m 532 MISMANAGEMENT OP COLONIES. I )*; 5- through general illustrations, and to which his own personal conllicts tempt us, even now, to give a personal application. There was no administrative reform society, no Bengal insur- rection, in 184(3. Yet, mark the boldness with which Mr. Howe denounced the errors of our past administrations, and demanded that in future more discrimination and wisdom should be displayed. When wo I'cad of llie hnpunity "vvhlcli Roman pro-consuls ]Hircliascd in the capital for mal-administration in the Provinces, we cease to won- der at the disorders thoy provoked ; or that the local liumors, suffered without attention to irritate the extremities, by a geometric scale of ret- ribution, in wliicli the velocity of the approach was regulated by the square of the iniiiuily, paralyzed and corrupted the lieart. The ingenuous youth of England, who pore over their classics at Eton and at Oxford, should be taught to feel that the errors Avhicli ruined Home, Great Britain has determined to avoid ; that the point upon Avhich she is pecu- liarly sensitive, jealous, and slow to forgive, is the misgovernment of one of her Provinces, however feeble or remote. The very opposite belief is fostered by the facts which our Colonial experience has accumulated. Many Governors have ruled these North American Provinces since the revolutionary war, and the aggregate of their virtues and capacities, the* result of their labors, was vividly described in Lord Durham's report. Some able and excellent men we certai y have had ; but not a few, who were strangely deficient in those qualities which command respect, commu- nicate energy, and secure the affections of a free people. There have been gradations of merit a3 of rank ; but from the individuals who had scarcely genius sufficient to write a simple dispatch, to the foremost file of able and entin-prising statesmen, one common destiny has awaited them all — impunity, patronage, promotion. With the exception of Sir George Prevost (a most amiable man, but one who, in exciting times, committed some military mistakes), not one was ever censured or dis- graced, rurther promotion may have been declined by some, from in- creasing years and infirmities; or may have been denied to others, who wanted a patron ; but I cannot discover that the grossest inca])acity, the most palpable bli^ulers, or the execration and ridicule of a whole mis- governed Province, ever insured executive censure at home, or presented a barrier to further promotion. The evils and the injuries which fiowed from such a system North America has endured ; but, in her name, my Loril, I think I may be pardoned for desiring that it shall have an end. You tiy, by court martial, the officer who runs his ship upon a rock. li' 'ih\ ORGANIZATION OF THE EMPirE. r)33 ipou a rock. IJyng wa^ shot for i\ (Icliciciicy of cniiriiL'"' or of condiu't ; and a jrallant n'jfiini'iit I)iit irc('iit!y trciMliIcd flu- its wcll-eanicd honors Ix'caiisc it was supposed to have wavcri'd flu* an instant on the litdil of earnaiie. Surely my Lord, it is not too much to ask for some such security against inisgov- enuncnt ; ior jealous watchfulness and patient investigation, where there have been violations of |>rin('iple, or deviations from constitutional usage; and if with tenderness for Iinnian frailly, we seek no higiier punishment, ut least there should he a bar to further promotion. A few exam[)les would produce a salutary ctlcet, create a higher standard of enleri)rise and ability, and infuse universal confidence in their Luperhil rulers among our transatlantic population. Ill his second It'ttcr, ]\Ir IIowo entered upon u field of more extent, and of u higher ei(>vu*ion, llian tiny which he had pre- viously essayed io tread. Hitherto his mind liad been directed, almost entirely, and with an intensily of application that excluded other topics, to the internal administration of Colonial government. All Ihat he had ct)n1 ended lor as indispensable, within the limited range of each separate Province, had been cither secured and consolidated, or was so perfeclly within reach, that he could atlbrd to look abroad over the whoh; em- pire, and sec in what condition were those mutual relations of each Colony with every other, and of the whole with the United Kingdom, ui)on which depend their thorough organiza- tion, cohesion and power, in all time to come. It is impossible to read this second letter now, without re- spect for the patriotism and foresight with which, long before the Crimean expedition and the Indian insurrections, the utter absence of all retd coiiperation, in peace and war, b(?tween the central states and distant jn-ovinces of the empire, was fore- shadowed. It is diflicult to do justice to the sagacity of the statesman, who, in 184G, traced our weakness as an i>mpirc to defects in our organization, which every day's experience ren- ders more apparent. " The time is fast approaching," stiid Mr. Howe in 1846, " or I am much mistaken, when Englishmen will considc^r it as disgraceful to sell a commission in the army as they would to sell a s(>at upon the bench ; when merit, and not interest, will be the rule in both services, and when, having ceased to eat dear bread for the benefit of a few, they wu not 45* ,i - l| 'f , )34 COLONIAL REGIMENTS. 1^1 jlill f If ,t t vote heavy army and navy rstimatci?, without the great body of the i^'ople an; IVeely admitted to an ecinal ])arti('i|)atioii in the patronage and promotion maintained by their expenditure." Let it not bi^ forgotten that, in 1846, Mr. Howe suggested that Colonial reginient.s should be raised, and that the want of them in 1855, and again in 1857, was painfully apparent. After shoving how the Highlanders of Heotland were attaehed to England by the poliey of Chatham, he thus counsels the ):)rime minister: — Now, my Lord, try sonic such experiment in North America. Rjiise two or tliric regiments ; tniin Colonists to command them ; let it be un- derstood lliiU, in tliose corps, merit only leads to ])romotion ; and give them, in name, or dress, or banner, something to mai'k the Province ■whence tlicy come. Try a frigate or two on the same princiijle; call one of them The Nova Scotia; man her witli the hardy fishermen who line our sea coast, and hoist the Mayflower beneath the Union Jack when she goes into action. Those regiments may flinch in the hour of trial, but no man who reads this letter, from Fundy to Michigan, will believe it ; that ship may sink, but there is not a Nova Scotian who would not rather go down in her, than have her Hag disgraced. From the heads of those regiments, and the quarter decks of those ,-lii[)s, the liery spirits of North America would pass, if they were worthy, into the higher grades of both services. They would be to us what the Academy of West Point is to the youth of republican America, — schools of instruction and discipline ; and then we should be prepared, not to envy our neigh- bors, but to meet them on the frontier, or on the coast, Avlien the meteor flag of England was unfurled. These; and other kindred topics will be found, from this period, touched incidentally, or treated more at large, either in ]Mr, Howe's correspondence with Earl Grey, in his speech at Southampton in 1851, his speech to the Legislature in 1854, or in his correspondence with Mr. Ilincks in the following year. We give the letters to Lord John Russell entire in the second volume. These letters w^erc highly praised in various quarters, al- though upon the practicability or policy of representation in the Imperial Parliament, there wa're, and still are, great differ- ences of opinion. Among the notices of them that appeared, Tcat body :i put ion in x-nditurc." suggested ic want of apparont. V. attaclied unscls the rica. Raise let it be ua- m ; and give lie Province pie; call one len who line I Jack when loiM" of trial, will believe 10 would not m the heads licry spirits the higher Academy of i)f instruction y our neigh- n the meteor from this ^e, either in speech at re in 1854, following itire in the luarters, al- entation in great differ- t appeared, ; || ARRIVAL OF LOUD ELGIN. 535 \vc extract one, which is as lionorable to the gentleman by whom it was penned as it was gratifying 1o him of whom it was written. Dr. liarth'tt, of Tlie New York All)ion, liad usually sympatliized with tlu; old compact parties, and had con- .seqm'utly distrusted tlu; prudei'ce of ]Mr. Howe's g(Mieral views The second letter won from him an expri'ssion of <'nlire a|)pro- bation. Of the jilan developed in it he says: '"As a great measure, or great experiment, we prefer it infinitely to a gen- eral union or confederation of the 'Provinces, now so much agitated; and mainly because Mr. jlowe's plan, taken as a wiiole, would liave a tendcjicy to amalgamate the Colonies witii England, to transfuse; the blood of the young with that of the old, and to make both one corporate antl uniform body, resplendent with strength, beauty, and perfection.'' If he were writing these letters now, with what exultation could Mr. Ilowe point to the eleven years of experience of responsible government which we have gathered since 184G. In all that time, though we hav(; had thi; public mind agitated by party conllicts in all tlu; North American Provinces, no question has arisen to disturb the harmony whicii it is so essen- tial to preserve in our relations with the mother country. However tried and tested by human passion, folly, ambition, or ignorance, the new Constitutions have proved ecpial to the strain; and a Colonial statesman, who caimot acquire or retain the position to which he thinks he is entitled in his own Prov- ince, never dreams of setting it in a llame of disaH'cclion, that his eggs may be roasted. Even the outbreak at Montri'al arose out of a purely Colonial (luestion — the appropriation, by its own Legislature, of the monies of Canada, and with which the mother country had really nothing to do. The session of 1847 opened on the :21st of .January. Lord Elgin arrived in Halifax, on his way to Canada, on the ;25th. An amusing incident grew otit of the Governor General's visit, cii ])assant. The Solicitor General moved a complimentary in the lower House. Mr. Howe rose, and aporoviiiif addi of the suggestion, as? quite in accordance with the usual prac- tice, and imposing an agreeable duty, from the high character of the Earl of Elgin, and the success he had achieved elsewhere, ill' H ■'[• 11 if .1 53G OVKRTUnra F1!0M THE GOVERNMENT. 'i\. §.' '■ aj)i)r(»V('(l of ;>ii address dm iiiiotlicr i^Toiiiid; hccnusc, as the I'^arl was nearly {•oiiiiected with \ho, I'ainily of the late Karl of Durham, it. \vi)iiUI i^ivc to thi; lloviso an opportunity of })ay« ing to his memory the tribute of respeet and achniralion which that himented nobh-man had earned by his imj)erishabh' report. The ad, were read by members of the oj)position in their places. These documents are voluminous. AYe have not room for them, either in the body of this work or in the appendix. Those who think them worth a reference, will iind them on the .Journals. What the gentlemen, who had been driven into opposition and proscribed for three years, thought of the overtiu'cs made to them, will be gathered from the paper below, in w'hich jMr. Howe's condensed style, and perhaps some bittt'rness of feeling, natural under the circumstances, will be readily traced : — REPLY TO SlU JOHN IIARVKY. r.37 'c asked for I/iifilh.r, JJrmn/xr 17, ISlC. IMay it ri.r.Asi; Voru l']\( ri.i.i ncv, — We Imvc ;,'ivhoidd he (h'awn into precedent, wc must ex- press onr re;,'ret, thai. Your ICxceHency shonid have Itccn sulvised to hiy hel'orc the ineml)ers of oppo-ilion. the; connnnnicalions, oral and written, whicii have passed hetween Vonr Kxcelleney and yonr J']xecntivo Council. These, we humbly conceive, onLdil to he of the nio-t private} and confith'iitial nature. If a distinct i)ropo>ition is the result, the opposition liave something tangihh; to deal with; hut they ought not \o he called upon to cr'ilicise conununications. out of which, so far as they can i)erceive, nothing has yet grown, hut u dexterous evasion of a dear and positive comnumd. Yonr Ivxcelk'ucy, in yom* address to the Executive Council, dated 2nd of December, calls upon them to aid you in the formation of a "mixed government, including the taleiUed and intlnemial of all jiarties," " to propose to you the names of the genth.'men whom they would rec- ommend to supjdy the existing vacancies ; " and you informed them " that a fair distribution of olUcial i)atrouage (in which you are ready to concur) will necessarily constitute the basis of the proposed coalition, or fusion of parties." These directions are clear and specific ; and wc can perceive at once the object whicli Your Excellency liad in view, ami reoognizi' the means by which you proposed to arrive at it as constitutional and legitimate. We regret to observe that, in no one particular, have your requirements been met, or your conuuands obeyed ; and, hut for irrelevant matti-rs, very improperly introduced, we l'e(d that we might fairly decline to in- terfere, until Your Excellency's instructions had been compli«Ml with, or the want of ability or inclination to comply with them had been in- genuously confessed. In discussing questions of this nature, English precedents arc our safest guide. If the Cabinet at home is weak, and a more extended basis is desirable, the leader of the government does not wait to be reminded of his duty by the sovereign, but suggests promptly the modus operandi by which a change should be efiected ; if new appointments are required, !'(: '»i t ii' I! f 538 ni:rLV to siw joiin iiarvky. lio pmpfwcs (Ih> namofi of IIkwc wlm iiro williii'.' to servo with liim ; if oflici'S arc to Ito vucati'il. In- "(jikrstlif iuitialivr," ami placts llirm at tlio sovcrci^'u's »li«|i(t«!il. If Ih' (I( lays (»r ni'jrlfctt tlii> duly till llninally callt'd ii|inii. he tlicii (ihcy- tlit.' ('(tinMiainls wliirh his own iiit'iHirss lias romlcrfd iiuponitivt' ; and ifin! !■* iiiiaidc or iiiiwilliiii; li> ('iiiiiply, dndcM his ivsijinatioii. He l» tin; oppo-itioii — rnil»rai'in;j; nearly Iialf tlic IIkU'C, ami, a-* wi' l>rli(\t', ii va-^l majority llir(tn;j;li(pnt llif cdnnlry — to >Iiar<' the ri'spoii>il>ililii s and lalxtrs of {^((vcrninciii, luddiii;^ but oiio olUt'c of Miliordinatc iniportanci', while till' op|)o-iie party were lel'l in po.«s(.'.it,<>ion of all llie otiier ollicial oniployinents of the I'roviiicc, siiciirin;^ to them the inlhienee of tveiy department, wonM ln' I'ar from meetiii;^' onr ideas of e(|iial jn-llce. IJeeaiise, except niider peculiar eireiim«taii('es, eoalitioiis rarely work well. Jl" the uiemhers aet in {^ood faith, they ultimately furin one, party, while another a^s surely arises to oppose them, with whom, if the priiioii)l(j is to be carried out, anijther coalition nui-t he lijriiied. The experience of the mother country is not favorabh; to such comliinations ; and the coalition in which several of the pri'seiil Conncil ,-erved, was continually weakened by their coniliict,and uliimalely ,-liatleri'd Iiy the aj)- pointment of the senlleman who now professes his willingness to re,'ij,'ii. Because, though we shall be at all times ready to act with gen- tlemen with whom we can agree on common nieasnnvs, and in whoso liatriotism and discretion we condde, with the members of the exi-ting Council wc can enter into no political alliance, until the peui)le of Nova Scotia decide b(!tweeii them and us, upon various matters drawn into controversy during the ]a?t three years. Though they now di.'sire to mak«' it appear that there are "no ipiestions of public moment," dividing parties in Nova Scotia, they well know that, "While the liberals havt; sought to introduce into the Province the system of government suggested by Lord Durham, and ,-anctioned by Lord Sydenham and hi.s successors, the conservatives have as steadily opi)osed it, [u-actically denying to the people the power which should result from the possession of representative institutions. "While the liberals hold that jtuldic olhces are public trusts, held by the teniu'c propoimded in Lord John Kussell's dispatches of LS3'.I, and recognizinl by Your Kxcollency's circidar, addressed to the heads of de- partments in New Brunswick, the geiulemen whose alliance we decline, regard the posts which every Governor should have in his gift, where- with to strengthen and sustain his administration, as a species of freehold, and broadly state that it is utterly repugnant to their principles and feelings to advise their surrender ibr any such j)urpose. While the members of opposition have labored for years to obtain a . |i jylt ■( \'"i j i 1 1 , . I \\ ll K<.h i\ tr- ill #.: i m 540 REPLY TO SIR JOHN ITARVEY. surrender ol'ilic e;i>Mal iiiid terrilorial revenue-;, on fair and orinifablc forms, tlie nieniliei's ofC'ouncil have endeavored ((Mibstruet them, by puljlic action in llie Legislatni-c, and representations to Her IMajesty's government. Wliih' tlie o|)|)osilion have desired to introdnee into the Legislative Conncil, gentlenn'n of talent and politieal inthiene(\ fairly reflecting the opinions of all parties in Nova Scotia, the persons whose alliance they decline have nsed ihe power they possessed to give to the npper branch II deeiiledly partisan eliaiacter, by which the efforts of any fair and liberal government may lie permanently obstrncted. l']ion these, and many other points of almost equal importance, we patiently and conlidently await the judgment of the country; and are reluctant to enter into any coalition witli those whos(! opinions, upon them all. we believe to be unsound, and whose public conduct we anticipate a majority of the constituency will condemn. We are glad to j)erceive that the members of the Executive Council decline taking the resjioinibility of advi>ing your Excellency to increase the munbers at the board to twelve. It would have been strange if they had t'oi'gotien that such a ju'oposition, suggested by themselves to Your Excellency's jtredecessor, was signally defeated in 1811; and that Avhcn made to the liberals, it was unanimously rejected. On this point, we arc happy to find they havci adopted our views. " By the royal instruc- tions," we are reminded, the ])eo])le of Nova Scotia are entitled to have their afhiirs conducted by a Council of "nine." "We were afraid that this fact had been forgotten, as those instructions have been strangely violated for three years ; the number never, during that period, having exceeded six, and sometimes being reduced to five. That ^Ir. Almon should be willing to resign his scat in Council now, we confess does surprise us. The reason given for his elevation in 1843, was his " affinity " to the Attorney (leneral : as the relationship still exists, we presume that the near approach of a general election has awakened the conviction, that the people of this Province might resent the elevation of a person comparatively unknown to them, — who had never represented a constituency or won any jwrtion of their confidence, — over the heads of all the members of Ijoth branches of the Legislature, many of whom had devoted themselves faithfully to the public service for a series of years. We cannot discover any reason for attempting to raise a discussion about " niunerieal representation " at the Council board, except it be to couple Your Ivxcellency's pioposal with the language of one brought to us by Mr. Dodd in 18-11, and to create an impression that some party in Nova Scotia are pressing upon the Governor an idea too absurd for any- body to entertain. REPLY TO SIR JOHN HARVEY. ;4i m 1 litablc torniP, pnljlic uction icrnniont. ■ Legislative ■eflc'cting the [illiuncc they ippor branch ir and liberal ijiortance, we try ; and are pinion?, upon conduct we utive Council L'y lo increase trange if they elves to Your uid that Avlien (his point, we royal instruc- ititled to have •0 afraid that een strangely )eriod, having Council now, 1 elevation in relationship \1 election has ght resent the vho had never confidence, — e Legislature, )ublic service J a discussion xcept it be to )ne brought to some party in bsurd for any- With respect to the mode in which l)usiness is transacted in (he cabi- net, the people of Nova Scotia, like the people of Lnghuid, arc wisely indifi'erent. These are matters of internal arrangement about which any discussion is unnecessary at the present time. "Whether (juestions are decided by a mnjorily of \otes, or by the single voice of the Queen'?! representative, we shall continue to hold those whom the Constitution teaches us to assume liave been consulted, responsible for every exercise of the prerogative, and every act done by the government of which they arc members. If disposed to trouble Your Excellency with a history of the past, we could show that we have given many substantial proofs of a desire for " harmony " and conciliation, and that we were only driven to take the ground we now occupy, by a growing conviction of the insincerity of the persons, association with whom wc now respectfully decline. From 1(S 10 to 18 in, they were protected by the liberal party in the Assembly, who magnanimously left tliem nnd their friends in possession of nearly all the emoluments of office^, and nio^t of the seats in Council. In ISl'j, they broke up a " mixed government, " l)y inducing the LieutiMiant Gov- ernor to appoint a seventh conservative, the liberals at the time occupy- ing but two seats. That act drove into opposition tlie gentlemen who held them, and another, who, though previously identified with tlu; oppo- site interest, resented what he believed to be gross injustice to a party that for three years had steadily supported the administration. Finding a government, Avhich, wliilc it possessed our confidence, wa3 sustained by four-fifths of the memljers of the Assembly, reduced, by the appointment of ]Mr. Almon, to a majority of one, the gentlemen who now seek our aid found themselves compelled to invite our cooperation on several occasions. In every proposition made to us they sought, as they do now, '• a parly triumph," and not the peace of the country. Their overtures were rejected, but influenced by a sincere desire to strengthen the government, we indicated the fair and honorable terms which we were ready to accept. Our opponents preferred a monopoly of official income, and the undivided possession of power. They have had both ; and so long as a majority of the Assembly, however small, sustain them, or Your Excellency deems it right to conduct the government with advisers powerless or unwilling to carry out in practice the principles tliey pro- fess, we are satisfied to hold a position honorable in the estimation of (he consist country, and to preserve our the administration. stcncy, without seeking any share in In conclusion, we beg to assure Your Excellency that we rejoice to ; J" 1'> J P!i find, in the extract from Lord Grey's dispatch, the true position which a 46 I li ■ ' h.'. I i I i-i'S H i )42 KEPLY TO SIR JOHN HARVEY. #r>' Culoniiil Governor i-IioiiM orciii)}-, so iU'cunittly dL'niH'il. The I'roviiicc has siiilerfd imicli from tlio waiiL of that inechatioii and moilcratioii prof- fered hy Your Execllcney, and enjoined liy the Colonial Secretary ; Imt under your au.^piees we antieipale the courteous observances, and rigid impartiality, which inaki; the working of representativt; institution-: so easy, and draw from theni so much of personal independence and practi- cal utility. Your Excellency will ever find us prompt to sustain you, by the public expression of the respect which we collectively and indi- vidually fi.'el, and if wc cannot consent to act with a party who do not jiossess our confidence, wc shall, nevi'rtludt'ss, give our best considera- tion, and if possible, our support, to any measures which Your Excel- lency may suggest for the advancement of the public interests. The members of the Legislative Council, with whom we have deemed it necessary to consult, api)rove of the course we are taking, and of the sentiments we have expressed. "We have only to regret, that from the appareia necessity for an early rejdy, we have not been able to snb;;'it the documents referred to us, to gentlemen residing at a distance, wliosc judgment we respect, but whose opinions we confidently anticipate will be coincident with our own. Wc have the honor to remain Your Excellency's INFost obedient and very humble ser\ants, JosKi'ii Howr., Law. O'C. D.ni.K, Jami'.s McXAii, GiiORGE R. Young. On tlic 28th of January, an elaborate reply to this paper had been sent in by the Council ; INIr. Wilkins, \vlio was absent, embodying his peculiar views in a separate letter to the Gov- ernor. These documents, which had not been seen by the lead- ers of the opposition, until they were laid on the table of the House, created much feeling, and led to animated debates ; but all parties felt that further controversy was a waste of time, as the final appeal to the country, which could not be delayed beyond the approaching summer, must decicy.- the points at issue. The Simultaneous Polling Bill was introduced by tiie Attor- torncy General during this session, acknowledged by the op])o- sition as an imprt)vement on our electoral system, and passed without much debate. %u CONSOLIDATIONS OF LAND DEPARTMENTS. 543 A nioasun* introducrd by Mr. Ilowr, for llio eonsolidatidii of tlic cTowii land dopartinouts, was more stoutly opposed. The political discussions of the session turned chieily on this bill. It touched the interests of persons nearly connected with prom- inent members of the government, and it was assumed to be intended to smooth the way for the complete introduction of the departmental system. The bill was fought through both Houses, but did not finally receive the royal assent, until the following year, when Mr. Howe was in a position to bring the inlluence of the Executive government to bear upon the delib- erations of Downing Street. On introducing this measure, its nature, and the necessity for it, were thus explained : — His olijects were to combine tlio officer, ksson tlio oxpon^JO, and make wliuever presided over them a member of the adininistnUion for t'le time being, and a rcsi)onsible liead of a department. Against the introduc- tion (if tlie system generally, it liad been urged tliat olliees must be created, but here were two already in existence ; then, it was said, ex- j)cnse must lie incurred, but here there is annually a larger sum spent than, under the change contem[)lated, would be required. We should save money, not increase our outlay, by jiassing the resolution. Last year, it was said excise olficers should not Ije introduced, because they were excluded in England and in Canada. The same objections could not be urged now. The commissionorship of woods and forests was, in Eng- land, a ministerial office, the occupant of which changed with the admin- istrali(jn. In Canada, the commissioner of crown lands was a member of the Executive Council. Taking the sales in Nova Scotia proper, from 1827 to 18.38, inclusive, making a period of twelve years, we had sold one hundred and twenty- four thousand eight hundred and sixty-three acres of crown lands. The peo])le had paid for, and on account of, these lands, £'>),80U 4s. Of this HUin, the whoI(! had been swallowed up by the department, excei)t £1,834 13s. Ifld. This latter sum, then, was all that had been paid into the treasury. But while we had received this small amount on the (inc hand, we had paid out with the other, £187 10>v. as salary to the Surveyor (leneral, wiio was the sameoilicer ; so that in the twelve years, we got £1,S04 and paid £2,250. Add th(> dilloreuce, £.j'JG, to £'J,8iiO 4s., and while the country paid, in twelve years, £l(>,ll)It. not one sixpence of revenue was derived from the salt; of one hundred and 1 ■!' .i . m .1 1 III If 544 FRAUDULENT CON"VEYANCE HILL. twenty-four tlmusaml eight luiiulred luul sixty-three acn.'s of the crown estate. Looking to Cape Breton, during the same period, or rather iVoni 1832 to 1838, the jieriod of seven years, embraced hy tlic altstract, we fmd tliat .£1,1 7.J OS, '.)(/. was received for land. The whole of this sum was consumed by the dei)artmeiit, except a balance of i."38G '2s. G(/., but even this sainall amount had not been paid in, as the otfu'cr claimed the right to retain .£i)00 in his hands. During this i)oriod, £12;j a year had been paid to a Surveyor General, so that the whole proceeds of the Cape Breton lands, in these seven years, had been swallowed up, and .t'87.j ' esides. Taking Nova Scotia proper for the period from 1830 to 184G, inclu- sive, in those eight years ninety-five tlu)usand four hundred and fifty-nine acres of land had been sold. Of the £10,791 12s. Id., returned as the net proceeds, il.^lSO had l)een i):iid in; but then we paid out «Cl,r»0() to the Surveyor General, while the country had paid for surveying, print- ing, contingent and incidental expenses, .£3,G3a besides. The result of our twenty years' experience, then, in Nova Scotia ])ropcr, comes to this : "We have sold two hundred and twenty thousand three hundred and twenty-two acres of land. This has cost the jjcoplc We have p;iid the Surveyor General in that .X23,f.01 17 7 . .•5,7.")() 2 X27,44l 17 1) Of this vast sum, we have received but i!f),791, 17s. 3^/. From these facts, it was clear that, manage the lands as we might, we could not make them, as a source of revenue, less productive than they had been. A iiicasuro was introduced by the Attorney General during this session, known as " the Fraudulent Conveyanee Bill." It was sliarply attacked l)y tlie opposition on the ij^round that it was intended to secure tt) tlie governnient the means to perplex and intimidate voters at the approaching eh-ctions. In the course of the d(>batc upon it, the Attorney (ieneral described sorue resohitions introduced by Mr. G. R. Young, as " the hist kite of the session." Mr. Howe's retort was ready and keen. " There are," said he, "two kinds of kites; there is the innocent toy which amuses us in boyhood, and which, in Ihe hands of a philosopher, may call down light from heaven. There is the GENERAL ELECTIONS. 545 Lif llic crown f(inl bird wliicli scttlrs upon an object but to sully or destroy. Our learned friend's kite resembled the former; the latter was represented by the Attorney General's bill." The s(>ssion elosed about the end of INIareh, and all parties began to prepare for the elections. Mr. Howe returned to his hom(>, to rest and recruit, and jm'pare for the work which yet lay before him. The season of repose was short. The niem- l)(^rs and sujjporters of the government took the field early, and in due form, or rather with an r)rganization and lavish e.\i)endi- ture never equtiUed in any former contest. 'JMiey selected four gentleni'Mi of respectability and influence to oppose the mem- bers for the city and county of Halifax. Careful selections were made in other counties. They raised a larger fund and paid it into the bank, avowedly for electioneering purposes, and they hired a schooner and freighted her with goods and li(|uors for distribution among the electors around the shore. Tliey covered the country with slijjs and 'acards, in which every species of political distortion and umairness was interwoven with })i(|uant and virulent personal abuse. Reams of these missive^. were scattered all over the Province. If permitted to circulate uncontradicted and unexplained, who could calculate the result? Mr. Howe returned to town early in May, and at once pul)lished a card diMiounciiig this system of mean detrac- tion, and challenging tliose conducting ii to meet him in any ward of the city, or in any settlement in the county, pledging himself to expose before the people the baseness of their con- duct and the unfoundc' nature of their charges. The challenge was not accepted. It was then determined to hold a series of meetings in the most important s(>ctions of the county of Hali- fax. The first came oil" at Preston. 'I'here must have been at least twenty of them, and at all, the bm-then of explanation or of debate fell uj)on Mr. Howe. We attended many of these meetings, and have oft(Mi heard him make, if not better spe(>ches than any ever made in the legislative halls, many that we would gladly, if we could, recall. There was often great fun, particularly where there was opposition. No preparation was made. The scenery, the associations, the jnirsuits and peculiar habits of thought of the district in which he spoke, supplied 40* I'll I ) 11 ■ 11 '; d jL m^ r='' -iJuui- '1 546 PUBLIC MEETINGS. inulrriiils for (.Icc-lumution and illa>itraticii ; and whether he ad- dressed Ihe eoiored people of Preston, llie fishermen of Sambro, or the farmers of Muscjuodoboit, he appeared to be perfectly at home. Having prepan'd liis own county for the triumphant return of the four old members, Mr. Howe's next care was to see tliat the other counties were correctly informed and proj)erly organ- ized. On the 4th of May he addressed a letter " To the l''ree- holders of Nova Scotia."* Between the date of this ktter and the 5th of August, \vhen the elections came off, Mr. Howe's exertions, mental and l)odily, were very great. He rode through tw^elvc of the principal counties of the Province, attended upwards of sixty ])ublic meetings, and was entertained at about iifteen public dinners. When we remember that these sixty meetings came oil" in ninety days, that they wx're often addressed for two or three hours, sometimes in the open air ; that when opposition arose, two or three speedies, in reply or explanation, had to be made ; that able and ingenious speakers had to be encountered, as at Amherst, where the contest with the late Master of the Rolls lasted two days — as in tho county of Hants, where the present Judge Wilkins had to be battled with from Windsor to Mait- land — that besides speaking so freciuently in public, Mr. Howe had to travel, and talk all the time to the thousands of })eople who flocked about him, and whom it was indispensable to or- ganize, we may assuredly wonder at the strength of the intel- lectual and physical resources which could stand this wa'ar and tear. But few of thes'.; speeches were reported ; perhaps not many of them were worth reporting. There naist have been a gen- eral sameness of argument running through them all. But wa have heard a friend, who accompanied Mr. Howe in many of those journeys, declare that he was often astonislu^d at hearing the same topics treated so variously ; and that he often listened to two or three speeches in the same day, the substratum of ar- gument being the same in all, b tthe jokes and illustrations so * See second volume. THE RESULTS. 547 fresh and original, as llie localities changi'd, that he often en- joyed the last ellort the most. The general election came off on the fOth of August. A strong majority of liberals was returned. The administration was defeated in the metroj)olitan and many of the more popu- lous and imi)ortant counties. Ijord Falkland's proscription was scattered to the winds, aiul his advisers were powerless for good or evil. Tli(> results of the contest are thus summed up in The Nova Scotian of the IGth of August: — l>tit iiKTL'ly coiniling th<' numbers rc'tiu'iu'd gives ii very iii:ult'(niate idea of the state of i)ublie opinion. Tlie Hbenils luive carried tivclrc eoun- ties, (he Torie;! h\\{ Jirc. Every county but oik.' is ours, from Cape North to Cumberhmd, embraeing one-half tlie territory and poj)ulation of the Province, while to the westward we Iiave four of tlie finest, with the metropolitan city and county in the centre. In Halifax, where tii(^ wealth and resources of the ollicial and Toiy parly are concentrated and most active, our candidates have been elected liy triumphant majorities. It will b(! very gratifying to Lord Falkland to learn, that in the cai)ital of the Province, where he could colli'ct but a few Inindred signatures to an address, ^Ir. Howe, whom he vainly endeavored to crush, polled fif- teen hundred votes. It will give him nearly as much pleasure to sec Mr. ]McNab at the head of the township poll ; to learn that ^Tr. Uniacke was elected without opi^jsilioii, and that the Speaker lias beaten the Solicitor General's '•brother-in-law" by the slight majority of eight hundred and tw(dve. In another respect this victory is most decisive. Thi; liberal party have lost two speakers, and one or two other gentlemen, whose steadiness and integrity made them valuable members ; but ]\Ir. Johnston, with one or two exceptions, has lost every speaker lie had. ^Marshall, Power, Holmes, Koss, Smith, Wilkins, Creighlon, Owen, arc all swept from his side, and he has scarcely got one man in their stead capable of sustaining a debate. The most i)rominently otfensive assailants and ma'.igners of l!ie op[iosilioa have been stricken down, with scarcely an exception. Twi of the Queen's Counsel, and a member of the govern- ment, are among the missing. Fraser and Hall have escaped; but it will be recollected that they demeaned themselves, on several occasions, with more moderation and fairness than the rest of the party, aii i !i 18 WELCOMK HOME. ! Hi. 1 'If J'l boit. IIl.s wt'k'dmo home after all his labors was ilius sketched in The Sun newspaper at ihc time: — ]Mr. Howe rc.'it'liocl tht; IJcil llrulgc, about twenty miles from his home, early on the afternoon of "Wednesday. Here lie was met hy a worklii'Z out nf tlu' principles u|)()ii whicli you have I)i'i'n placed in tin' As.-ciulilv, will re- sult in the i)roni<)ti()n of the hest interests of liic coinitry. "NVc pray that you may he Ion;; s])are(| to n>, and In your eonnfry and with hest wishes lor yourself and ^Irs. Howe, and all the family, wc are, «S;c. Adams ARcinnALn, ClidinmuK Am;xam)i;ij Sti:i'iii;n', Sccrctanj. IMiddh; Musquodohoil, If^lh August, IS 17. To Hou. Joseph HoH'o, M. P. P.: — We, the magistrates and other inhahilants of the Upper Setllenient of 3Iu--(iuodohoit, heg leave cordially to welcome you on your return amongst us, and sincerely congratulate you on the glorious triumph that you and your princii)les hav(> achieved. IJeing fully .-ensihle of your valual)le services for a period of years, and the lideliiy with which you have ever justified the confidence reposed in you. we hail with pleasure your nvleetion. Although we have lately given you the highest proof of our esteem, we should consider ourselves wanting in gratitud(! ilid we jiermit this opportunity to pass without e\-i)ressing our unhounded confi- dence in the intlexible integrity which has marked your lile, as well as your indefatigahle exertions for the improvement and pro-perity of this our native Colony. "We rejoice that the principles for which we have so long and perseveringly contend<'d, are becoming appreciated as they de- serve, which is manifest from the result of the late election ; and we Lope the day is at hand when, under the benign guidance of a constitu- tional government, we shall enjoy all the privileges of l»ritish subjects. In conclusion, wc beg that you would convey to ]Mrs. ITowe, and ail the members of your family, our best wishes for their hapi)iness and pros- perity, and we wish you a long life to enjoy your well-earned popularity. Signed by James Kent and Angus 31cliinis, Ksciuires, Ac. i^c. IMr. Ilowe replied to these adilresses, briefly and extemporaneously. Our readers can imagine what he would say on such an occasion, lie referred to the period when the yeomanry of the east took him, a strang(!r, and an untried man, and confided their interests to his care; to the kindly relations which had since grown up, and now subsisted be- tween them ; to the steadiness of their political confidence, and the warmth of their reception. Three cheers for the Queen, and three for the liberal majority, were given, and the company sat down to dinner. About six o'clock the carriages were ready, the horsemen mounted, and oa Ni:^\' ni'nxMVKK \Dv.\Ncrxn. 'I^'lflii ; i! 1v'*.' '■ l M' • J ^1 J! n if ;i M^V (lie parly drovo oir tii\vaiil< llic luiul of tlic riser, lliiiis, IiiUnlk'TcIiirfs, juhI cvciy oiilwiinl -ii:ii of rcjoiciiiir, <:rct'ting tht'in on the way. Il was (lark licforo IMr. Howe I'cai'lifd lii> Iioriic, Iml liis approarli wa-; lold Ity the cltar notes of the key Im^de, ami the ineny elioers, wliieli eoiilil be Iieard for miles down llie valley Iw was ;i>eeiidiiig. At Ills door lie \\i\-i met, by bis family, and the ;.Mi-liing forib of full bearts \va-^ not to be re>trained by tiie presence of spectators whose hearts were al.-o fidl. After spendimr an bonr (»r two in innocent niirib and mutual cctnirralii- lations, the company retired, to .-eek liio>e trancpiil homes in tlu; bosuiurf of wliicli unostei\l;itioiis piety and sound political principles tlourisb .-ido by side. Rcsf was sNvccf uflcr all the excitcmpnt Mr. Ilcnvc had irono ilir()iit(li. " Fi)r !i iiionlli," we htivc lieard liiiu s:iy, "I did iiotliiii^ but play with \\\v. {'liildrcu, and read old books to my i^irls, I then went into tin; woods and called moose with the old liiinters, campinij; out nij^ht after iii^lit, listeiiiiij^ to their stori(;s, ealmini^ my ihouifhts with the peri'eet stillness of the forest, and rorifetting the bitterness of coiilliet amidst the beau- tics of nature." While these thinifs were ii;oin£2^ on in Nova Scotia, tin; ii;ood cause was making j)rogress in New Brnnswiek. Sir William Colebrooke's Comieil had eontained the leading men of both par- tics. Some of the most spirited and able liad been driven out by th(; appointment of his son-in-law to the Provincial Secretaryship. That tippointment having Iven disallowed, a new combination was formed, by which political power was retained by the old compact party, Wihnot, Fisher, and Ritchcy, the real leaders of the liberals of New Brunswick, being ex- cluded. Those gentlemen were not slow to follow the exam- ple of the retired Councillors in this Province. They ceased lO talk the unmeaning notisense abt)ut the evils of party spirit, whicli had been fashionable a yetir before under the coalition. They threw themselves boldly vipon the country, accepted and avowed the principles of responsible government in all their integi-ity, and New Brunswick, for the first time, presented the pleasing spectacle of a regularly organized administration and opposition, contending for the prizes which both acknowledged could only be retained or secured by the confidence and appro- bation of the people. llMllilk'Tcllirf'-i, I' \v;iy. ll WiH •li nil-; told I»y Uiirli (■(iiiltl be lis (liKir lie was s \v:i> lutt to Ix! were iil-o full, iitiiiil t'diigralll- -> in llic bosoms ics ll(;urish .■>iilo •we had gone Sivy, "I did l)ooks to my )os(' with the iiini^ to their illiu'ss of the klst the betiu- tia, th(! good Sir William n of hoth par- been driven le Provincial Lii.-allowed, a power was and Ritchey, iv, being ex- ,v the exam- They ceased party spirit, he coalition, iccepted and in all their n'csented the stration and m L' knowlcdged CANAHA. 551 e and appro- Tn Canada matters had adsani-ed a step or two. Lonl llli^in, having lilk'd np the fragmentary administration he(|utatht'(| to him by Lord Metcalfe, opened the session on the :,M (if .lime. His Lordship annonnced two very important concessions made by the Imperial to the provincial govermnents, — the cont.ol of the post oilice department, and the repeal of dilU'rential dnties. The latter suhjeet had been annonnced to onr Ijei^'islatnn! at tin' previons session, and measures chieljy matnrcd l)y Messrs. Huntington and ^'otmg, had been passed in accordance with the new [lolicy, which all piirties regarded as a boon. The session lasted till the 2>^\\\ of .Inly, the miiiistrv bi-jiifr without moral influence, and su))ported by a majority of three. Baldwin and Lafontaine were biding their time, and all parties felt that a dissolution or a reconstruction was the only remedy. In Nova Scotia, the ministers, fairly beaten at the elections, did not bow to the decision of the country with a good grace. They never had had a working majority, in any fair ))arlia- mentary sense of the phrase. But it was (piilc apparciU that, after the 5th of August, they were in a hopeless minority. In justice to the Lieutenant Governor and to the country, to say nothing of the legitimate claims of the gentlemen u ho had beaten them, they should have at once retired. They did not, however, l)utj pretending to doubt, and endeavoring to miscal- culate, the real state of the returns, clung to oilice until Feb- ruary. This tenacity of ofTicial life was not, as will be readily sup- posed, much admired by the triumphant opposition. They pelted them with good-humored severity, and, if eomix'lled to wait for the direct ai)i)lication of the parliamentary notice to quit, determined to have some amusement in tlu^ meantime. Under various headings, some t)f the keenest political satires which marked the whole four years' controversy a[)peared at this period in the opposition press. We have only room for one: — " Lo ! tlie poor Indian whose untutored mind Sees God in clouds, and hears him in the wind." "We presume tliat, during his stay in Canada, Mr. Johnston ^vilI visit IS'iagaru Falls ; and, if he docs, v,c hope somebody will tell him a story. i'l' 1.' ! I 'i ,7 I 1' ^i. IMAGE EVALUATION TEST TARGET (MT-S) // 1.0 I.I ma M 2.2 '- '^ 11 ;r 1^ 12.0 1.8 1.25 1.4 1.6 I — ' ^ 6" — ► V] > *" C<'x W.r 552 ELECTION OF A SPEAKER. R'i:'tri':: ■■'■ h-'-VMt -^ .-^ ■ 'I 111 : i'--! i. J IHJI ■\vliicli, among the other trailitions of that region, he certanily ouglit to hear. An aged Indian undertook to paddle his canoe across the stream above the IIor.se Shoe Fall. Miscalculating the strength of the current, or the vigor of his arm, lie was drawn into the rapid, and found that his life was in danger. He struck out wiih all the energy of a warrior man- fully struggling with his fate. Every iron muscle was tasked to the highest i)oint by a will calm antl resolute, but bent on self-preservation, as the great duty of the hour ; every sleight on which long experience had taught him to rely was tried, but tried in vain. Like a bird, drawn by some powerful fascination into the jaws of a serpent, conscious of its fate, yet powerless to control it, each moment diminished his distance from that majestic emerald wave, which exhibits " the torrent's smooth- ness ere it dash below," and in whose wild waste of waters he was to die. While there was a chance, a hope of life, the noble savage strug- gled on ; but the rush of the stream was momentarily becoming more rapid, the roar of the cataract sounding more distinctly in his ear. lie raised himself with dignity, swept the horizon with his eye, and saw at a glance that every landmark he had hoped to reach was fiir above him. In that moment the native dignity and fine training of the Indian won for him, even in the very jaws of death, an immortality as fadeless as the verdure of the wave that swept his body to destruction. Ilig spir' haunts the cataract, and will continue to haunt it for centuries. Trauition will ever preserve, in fine contrast with the sublimity of na- ture, a trait of the moral sublime, which our Tory Attorney General knows not how to imitate. Convinced that his fate was inevitable, the savage threw his paddle down, folded his arms with dignity, raised his death-song, and glided into " the spirit land " with the courage of an Indian " brave," and the calmness of a Christian gentleman. We hope somebody will tell Mr. Johnston this story ; his own imag- ination will supply the contrast. But — but — but what? A Creole is not an Indian; that is all. On the 22cl of January, 1848, the new House met. The first question which tested the strength of parties, was the election of the Speaker. Mr. Howe proposed INIr. William Young. The Attorney General opposed the nomination in a very bitter speech, and was followed by several of the more prominent sup- porters of the government, who objected to Mr. Young on the ground that he was a violent political partisan. They were answered by Mr. Howe and Mr. Huntington, and on a division inly ought to )ss the stream if the current, bund that his warrior man- asked to the -preservation, ig experience a bird, drawn nscious of its his distance •ent's smooth- ers he was to savage strug- 'coming more y in his ear. eye, and saw vas far above of the Indian ty as fadeless ruction. His for centuries. )limity of na- irney General nevitable, the ty, raised his !ourage of an m. lis own imag- A Creole is The first the election am Young. 1 very bitter minent sup- ding on the They were n a division m THE COUP DE GRACE. 553 the government was beaten by a majority of six, and Mr. Young was conducted to the chair. In his opening speech, Sir John Ilarvey amiounced the re- ceipt of a dispatch from Earl CJrey, exi)lanatory of His Lord- ship's views of the princi'd\vcr my hoiioral)le friend, but has he cllaccd fi'oin one man's memory the impres- sion made by his s[)ei'cli ? Oue si'utence delivered by my honorable fiMiiid with solemn earnc-liiess oULrlit to Ite remeinl)ei'i'd Iiv tIio^(; who "o into tiie new iroverumeut, as it will never b(! Ibrjiotten bv the learned crown ollicers. I sole lor the aniendment, said Mr. Huntington, because '■ 1 have hope fidui ihe gentlemen who form tlu! opposition ; from you I have no hope." That x'litimcnt, Ibunded on a ten year's experience of the two parties, animates Nova Scotia at this instant. The p(H)ple of Xova Scotia liaNC weiglied the Attorney (General and his friend^ in the ])alancc, and li)iuid them wanting ; from them they have no hoi)c. and has the Attorney (ieneral said any thing here to show that their confi- denc(; -iioidd be revived? \h- complaines arrives, we will favor him with some flashes of illumination. The Attorney General claims to be judged by English precedents, and denies that he has ever violated them, liut did he not hold oflice for a year, under Sir Colin Campbell, with a majority of two-thirds of the representative branch against him ? Where will he find English precedent for that? When, in 1810, the liberals came back with a majority, did not the Attorney General enter the government with them, adopt their principles, and, afterwards, when it suited his purpose, sneer at the administration, of which he was a member ? Did he ever hear of any English statesman who thus de- meaned himself? The Attorney General protracts this debate, because he wishes to convince the new members, whose opinions he conceives are i!' m :- m o5G ii 1 !' 11 || 1 i- ^1^; !' THE COUP PE GRACE. not yot forniod. If so, how ciinic it tluil iill tlicir iisinios worr- ptinidcd, Avitli rcproljatiuii, in llic press wliicli supports tliat ^'ciitlcmaii. and that fill his friends, lay and eh'rieal, did their best to prc'vent them g<'tling hero at all? "Was not the whole conservative tieket pid)lished in the ollieial organ? The majority who are here, heat the Attorney (Jenorul's best men at the hustings. Is it to he sup[)osed that tliey did not know ■what they were about? that the people did not know? The learned gentleman flatters himself that the new members are here to be in- stnieled. 1 tell him that they are here beeansc the i)eople knew them to be snfTiciently well inlbrmeil. ]>iit, we are told that we have pnt a voj)e around (heir neeks. Oh, sir, has the Attorney General forgotten the pliant majority whieh he le(), I regrd it. aiul woulil have checked it liad 1 been here. Nor ought th ntciil> of dispatches, not formally laid before the House bv His lOxcelleiicv, to lie drawn into discussion. I have not seen the dispatch, and Iiave no right to sec; it. There was one that I should have liked to have seen — tliat secret and insidious representation, upon which tlie ex-Councillors were charged with "pretensions," because they exercised the common right oi' ISriloiis, without indelicacy and without olVeiice. AVIiy should we s[)eculat(! on unpublished dispatches!' llav(! we not, on (»ur journals, that celebrated state [)aper, which iiit()rmed the Colonial minister that the liberals were, disunited; that they had no leaders; tliat Mr. Howe's influence was gone? If disposed to waste time, and laugh at the gentlemen opposite, I might turn to that vaunting documcrnt, and contrast its unfounded state- ments with the humiliating position which tlie authors occupy on the tn;asury bench. As respects the dispatch referred to in His ICxcelleiicy'.s speech, have the gentlemen any objection to give me the date ? [Here there was some bantering and rummaging of the Attorney General's notes, but the date was not given.] This I may say, sir, that if that dis- patch bears date last spring, if it explained to the i)eople of this country the views of the C(donial Secralary on res[)onsii)le government, and the deiiartmcntal system, the men who concealed it, and went to the hustings mystifying and vituperating that system, neither acteil fairly to Her Majesty's government nor to Her JMajesty's subjects. [The Solicitor General laughingl}'- said they had no objection to go to the (■ountry on it now.] Nor I either, continued 'Mr. Howe. There will be lots of snow- balls for our constituents to pelt each other with. Tlu; Attorney (Jeneral is a theologian, but I fear that he has not followed the Scripture injunc- tion, '• not to make his flight in the winter." He has let tlu^ autumn months go by, and retires in foul weather. The Attorney General sneeringly r(.'ferrey a ctwnplele and vig- orous administration ? My learned friend may be enthusiastic upon some of those topics, but he is often in advance of us ; and though I have sometimes lagged behind, as I and others did, when years ago, he boldly propounded our right to control the Strait of Canso, I have learr.t to respect, rather than smile at a zeal, which is often based on statesman- like conceptions. But did not the Attorney General, when he went to Canada as a com- missioner, representing the minority in this Assembly, feel lluit he was ■.'I -..i ;iil '!* 1 ft H. ' ■ !''i ' 4 'till ^ il it] fiCO TFin COLT DE fiUACE. ill ix l;il-c posilidii? And li.'is Iio ri'r;^'(>ltcii the tiiiK' wlifii lln- \)oiut< of tliis coiitiiinit was ciKliiiip'rcd, ami wlicii. liis a(linini>trati(>ii liciii'^ in n niiiuirily, Sir Colin ('am|il)('ll could not. willioiit tlic aid (»(' the (ipiio-^ition, buy a iiuiskct or a liarrcl ol" powder ? Sir. iiic>c principles are of wider n])plicalioii llian to tlie mere internal administration of each Colony. 'I'liat tlie empire may he stroiHjr. the <^)iieeii's ;rov:'rmneiit .>lionid he strong in the atlections of all her |)eoplL'; and ready, in each I loviiice, to lead pnb- lie opinion and carry out imperial policy. I miLiht say. in answer to the Altorney (Jeiierars taunt, that if we, do not conslriicL tlie. railway, W(j ^vill not write dis[)atclios about it, reflectiiiii on the head of tiils House, and tlu'ii bring tln'in ilown tr be reail under the Speaker's nout of these discussions, that Instead (tf advising tlie Lieutenant (Jovernor to fill the vacancy on the beiudi, be has ci)mineneed soiiu! clumsy corres- pondence with (he Colonial odlce ? Ibit we arc told that we have only a majority of seven. Well, that is better than a majority of one. IDo gentlemen opposite doubt their entire defeat ? They laugli(>d at us when we assumed, in our letter to Sir John Harvey, that the lilierals owned two-thirds of (he. property and embraced two-thirds of (he j»o[)ulatI()n of Nova Seotia. That statement was denied. lUit look to the returns: twelve counties sustain the liberals; the Tories have but five; and al- though they may have won several of the townships by small majorities, the analysis which I hold in my hand i)roves the accuracy of the state- ment made to Sir John Harvey in IHIO. The Attorney G(Mieral says his majority increased from 181.1! to 18 17. If it did, all (he patronage of the government was in his hands for l()ur years, to strengthen himself, but where is his majority now ? Where are the prominent and more violent men of his part}'? Scattered to the winds, while the opposition have come back, streiiglhened in talent as in numbers. The Attorney General says that the coalition Council was sometimes reduced to seven. T am not aware that (he number ever fell below eight. But look at the spectacle Avhich the fragment sometimes pre- sented. ]\rr. Robie in (he States ; Mr. Wilkins at Windsor ; Mr. Dodd fishing in (he ]\Lar!zaree river. THerc ]Mr. Howe threw in a droll parenthesis, comparing the; crown ofUcers to two salmon, securely hooked, but floundering, jumping, and flapping their tails, without a possibility of escape.] Sir Rupert, particularly about election times, sailing down the DKPARTMKNTAL CUANCKS. ryc>\ i'OM>t ill lii-; lt(i;i< Mini llu' wlidlc irnvrriiiiinit ol' tin' coimtrv cciitrrcd in tlic liaiiiK dl' till' AllnriH'V (Irncnil, Mini lii< rclMlivc, Mr. Aliiimi. Wm-< lliMl iiiL'li' -r-.-i(iii, IliMii llic iM-t Mdiiiiiii-'ti'Mlidii dill in I'diir. IIi' mNd ri'iiiMrkcd. dm llirhoMst lIlMt llir M'llddl IMdIlrV Illld lirrll illCITM.-ril, tllMt llli' IllMi'llilH'I'V (if till' Mi't • t • was sd iiiiiii'rrcci, tlial -dini' I'M-cIlnil ■.cliOdN liMd 1 ii dr^trovrd. Mini till' pi'diilc had nil coiiiriliiitc I in |ii'ii|ii)rtidM In llic MdvMiin's iVmn tin' treasury. IJiit. sMy~ tin' Alturnry (iniri'Ml, il WDiild lia\r iircn m \ inh- lidii dl" |iriin'i|ili'. if I Inid M-^iimrd iIimI a niMJoiily was ajraiii-t ii> — thai vc Wdiild lie di'l'i'Mird. Oil, sir, llic Attiii'in'y (Iciicral has m -Imi't mciiniry. Did In' imi a--iiiii(' that fidi'd Falkland's jj;d\ri'nniriil Wdiild 1)1' di'li'Mtcd, in l''^|."i, nnnilli- lirliirc tin' IFdii>i' iiu't. Mini dl»s(il\r il dii .-i grdiindlcss assniii|iiidn ? Did init l.di'd l-'alUIand assniiic lliai Mr. dnhn- Ptdii had a iiiaiiiritv wlirii In* anpdiiitrd .Mr. Ahiidii ? !''.vri'v lliiin' and aiiv tliiiiLf cduld 1)1' a-siiiiii'd in 1S|;;, Imt in)thinLr in 1>>I7. \ On ontcriiii^ llic ifovt'riiiiHMit, if was discovered by llie lib- erals, ijiat tlioiigli Sir Rupert D. (Jeori^e had residjiied his seat ill the Exeeutive C'oiiiieil, he had not resii^iied the olliee of Pro- vincial siH'retary; whicii, pleading' his patent, or some j)le(l<^e from tlio CJov(.'rnor, lie insisted on his rii^ht to retain. The new cabinet met this attempt at unconstitutional obstruction with firmness. They declared the ollice vacant, by resolution, and voted a iiension to Sir Ru[){>rt at the same time. Mr. Howe was appointed to succeed him. JMr. Uniacke took the office of Attorney CJeneral. The; Solicitor Generalship was conferred on INEr. DesBarres. Legislation was re((uired before the de})arTmeiital system could be arrangi'd, and the linancial offices disposed of. But j)ower had elli'ctually changed hands. The liberals, for the first tiirn* in our Provincial history, sur- rounded the Lieutenant Crovernor, and had free access to the Colonial office. For the first tiuK! in his public career, Mr. Howe found himself at the head of a department which gave free scope to his talents for administration. The members of the Cabinet, who had accepted offices of emolument, were triumphantly returned. Mr. McNab was ele- vated to the Lcijislative Council, to make a vacancv, and Mr. Uniacke and INIr. Howe were elected by the inetro[)olitan city 1 'i 1 1 < 1 • ■».,■ ■ '•■|1 1 f '■ , n ^\ %\ #t I '; 1' "' J m ■rnpi*v tMiiilci'' r)r,2 nrsroNSM'.r.i: covKitNMMNT siTrnKD. ii.'id ciiiiiily ; tlif ritriiitT bfaiiiiLf his (tppoiicni hy llirrc liiiiKlrcd and ri^liiv-livc voles, aiid the lalici' w iimiiiif by cii,'!!! liiiiKlrcd and iliirly two. Al)t)iit lliis siiiiic liiiii' Lord l''iillxlaii(l was rt'uardcd lor liis inisjLfovcnuiiciit of .Nova Scotia, Uy Ids a|)|)oiMliii('iil to the presidency of Hoinhay ; and \rt's-'i>. lialdwin and Lalontaine, who had l»ecn exchlded iVtini oilice by Ijord .Mf'tcalle's r()///; tibial, were carried triinnphanlly into the Conneil of Lord 1''!- gin ahnost l)y ucchiniation. Responsible government was now secnred to Hritish Amer- ica. Principles and rnles of julministralion, th'lined and ilius- Irated by the coidlicts of the |)ast fonr years, were clearly appre- hended, and conid be ndsstated and mystilied no Ioniser. 'Die right ol' any |)arty connnanding a parliamentary majority to i'orm ii Cabinet, and achainister public alliiirs; the right of min- isters to be considtetl, to resign when they were nol^, and to go into opposition without injnry to the prerogative; in I'act, nearly all the points upon which there had been so mucli con- troversy, were now settled and disposed of; and we think we are sale in saying, that there are not tcMi persons left in Ni»rtli America, who can now read Lord Falkland's extraordinary stat(> pajx'i's without a smile of derision. The l)e[)artmental Bill was intro(hiced liy th(? new Cabinet, about the end of .March. It gave rise to nuu'h del)ate and ob- struction, but was (Inally carried through both Houses. 'I'he Colonial oliice was then appeah'd to, and the Imperial Parlia- ment importum>d, that the C^ueen's assent might l)e withheld; and the Provincial govermnent wore involved for more than Ji year in correspondence about a measure, which the Colonial Secretary linally decided was lying clearly within the purview of the Provincial Parliament. The session closed on the lltli of April. Though liavi ng no time to prepare measures until the House met and tlu? old ad- ministration was overturned, and although the chief depart- mental ollicers were excluded from Parliament during half tlio session, the new administration signalized their accession to power by the passage of several measitres of great value ; and, speaking of them at this point of time, we may add, of proved !)■ f K\ civil. LIST IMLI,, i;i,i;(TI;lc TI.LCCHAI'ir. ;n3 Utililv. Ht'sidcs llic l)i'|);iriiiiciii;il Uill, alnndv rt'trrrfd to. tlifrc \Viis nil act to comiiiulr iIk' ci'dwii revenues juid provide for a civil list, preparecl l)y Mr. I Iiiiiliiii^'toii, and uliieli Sir .loliii Harvey cliaraeteri/ed as, *• as lionoraMe to the lie<,'islatnre as Ik; trusted it would be satisfactory to Her Majesty's 1,'overnineni." This i)ill linaily disposed of a class of vexatious and dehatahl*; (juestions, iiivohini^ |)ersoiial interests and vested riLflits, which liad disturbed our Ije^dslature for ten years. Her .Majesty's assent was not obtained to it. however, without a hard battle. No sooner had it passed the two branches, than the jiidi^'es and other ollieers interested memoriali/ed the i!iii)erial tjovernnient, Oij^aiiist its conlirination. Some of those inenioriaU wer»! drawn with ^reat skill, and in lani^niai,^' of indiijiiant reinon- 8tranc(! or ironical severity. In some of them the Lieutenant CJovcrnor was not spared. It became Mr. Howe's highcstduty, not only to his party, but to the (Jovernor, that this measure and the Departmental JJill should be successfully vindicated in J'iii^dand. The. correspondence with th(> ('oloniid Secretary tluriiii^ his first year of oilice was voluminous. The admirable, spirit and ability with which it was conducted mav be gathered from the dispatches and minutes of council, whit h wore, from time to time, laid before the House. The l)ill for construct ini^ an clec,tri(^ lelci^ragh from Halifax to the northern frontier of Nova Scotia, also brou<,dit down by the administration, was eminently successful. Under it, the fu'st telegraj)!! line erectetl in Nova Scotia was built by the govern- ment ut an expense of about £4000. Contrary to the general belief it was immediately successful, and i)aid liv(' per cent on the outlay the lirst year that it went into operation. En- couraged by the success of this experiment, a company was soon after formed, which ])ought the main line from the, gov- ernment, and have engrafted on it branch lines whicii connect the capital of Nova Scotia with almost every seaport in the Province ; the whole Provincial system working in harmony with all the lines which operate over this continent. Towards the close of the session a dispatch was received by Sir John Harvey, in which Earl Grey thus sanctioned the steps which His Excellency had taken. " I have to convey to you y! i A •:|»t lil tl ft (il 'W 664 THE TWO PICTURES. Is'ipj P' t (ffcT my entirr approliatiou of the measures which you have pur- sued with reference to th(^ reconstruction of your Executive Council." " You will express to your present Executive Coun- cil the sritisfaction with which I have read their miiuite of 8th of February, 1848, in wliichthey express their intention to resist with iirnniess the introduction of the mischievous policy of sweeping changes of subordinate functionaries. I trust that the system of responsible government, the principles of which they so justly appreciate and apply, may now be rega^l h1 as established in Nova Scotia in a manner calculated to make it work for the good advantage of the inhabitants of the Prov- ince." The close of this session was marked by an incident highly honorable to the Legislature, and which shows how, in Nova Scotia, mere party feelings are buried when the respect due to the sovereign — the honor or the interests of the empire — are concerned. This was the period when Louis Philippe had lied ; when the rei^ublicans were in possession of Paris ; and when every mail brought accounts of some fresh revolution or cmcute in every part of continental Europe. We copy tli report from the newspapers : — On the day the last mail arrived, Mr. ITowo, tlic Pro acial secre- tary, rose in his place, and, by command of His Excellen - Sir John Harvey, laid on the table of the House a dispatch from the light Hon- orable Earl Grey announcing the birth of a Princess Roya' In moving for the usual committee to prepare an address of congi ulation, Mr. Howe observed, that the same mail which brought this /ispatch also brought accounts that almost every tlircne in Europe wa. '.aken, and almost every crown in danger ; while the subjects of despotic sovereigns were seeking constitutions at the point of the bayonet and amidst scenes of carnage and civil war, our gracious Queen, secure in the attachment of her subjects, had passed througli iio peril hut that which was incident to the condition of woman, and which was hallowed by the maternal al- fections. On us she had freely bestowed a Constitution, which left us nothing to fear and nothing to demand; and he believed that in no portion of her widely extended dominions v.'ould an event which thrilled with pleasure the royal bosom, and had a tendency to give stahility to the throne, he hailed with more genuine satisfaction than J •! i' NEWFOUNDLAND ADDRESS. ;g5 have pur- Exocutive tivc Coim- Lito of 8tli 311 to resist policy of trust tluvt s of wiiieh cga^'1 hI as to make it ' the Prov- dent highly w, in Nova peet due to n\m^ — are )e had lied ; ; and when n or cmeute report from acial sccre- ' Sir John light Ilon- In moving Illation, Mr. lispatdi also ".akcn, and lie sovereigns [midst scones le attachment I was incident I maternal af- ,-liich left as II that in no ;vent which •ncy to give tfaction than in Nova Scotia. jMr. Johnston, the leader of the oppo^iiion, at once rose, and expressed his higli ajiproval of the s(Mitinu'iits m) eloquently delivered by the Provincial secretary. Tlie conlra-t was indeed striking, and liighly gratifying to every British subject. lie gave his suppoi't to the address, and it passed by acclanuition. The session had scarcely closed, \vhen the opposition news- papers attacked Sir John Harvey with great injustice and severity. He was ably defended, on this and on other occa- sions, by a writer under the signature of " Sydney," who in firm but temperate language met every charge against Sir John with ti triumphant vindication. To show the inlluence exercised by the polities of Nova Scotia, at this period, upon all the maritime Provinces, we copy an address, forwarded in the spring of this year, to the Speaker of our Assembly : — To the ITonorahle William Young, Speaker of the Assemhly of Kova Scotia : We, the inhabitants of the district of St. John's, met for the purpose of p(!titioning the Queen and both Houses of Parliament foi a constitu- tional form of government, could not separate without congratulating the pcofde of Nova Scotia on the enjoyment of the object for whiidi, we, stinudated by their noble example, now ardently desire and diligently seek. AVe select you, sir, the first commoner of Nova Scotia, and the Speaker of the first relbrined Assembly uf your Province, as the medium for the conveyance of our fidicitations to your most excellent countrymen. We are charmed by llie moderate and practical manner in which party government has illustrated itself in Nova Scotia. You liave effectuated modern refonn ; and in doing so, you have given a fair consideration to the claims of those whose vested rights were in- terfi'red with. You have created a departmental government, combining in your system the wholesome influence ot cliang(! necessary in tlie higlier offices, with the continuity of service desirable in tlie subordinate situations, — thereby refuting in practice the ingenious sophistries urged against your party, wlien they advocated the theory of executive responsibility. You, and your party, have done more, sir ; you have bound Nova 48 \ :: ' ii '1:1 i| :! 1! ■'!* h.jji ;g6 CHARLES DULLER. I } I > f Scotia and its people to the parent country liy an indissoluble tie — the tie of common riglits and common interests. Accept then, sir, for the people of Nova Scotia, of whose rights and interests you are the constitutional representative, our hearty congratu- lations. Ncwfoimcllraid has sinec obtixined responsible government ; but, at this period, she was enduring the throes and agony of parturition, and might well view with hope and satisfaction the safe delivery of her sister Province. In the autumn of this year a voluminous and able report was transmitted by Sir John Harvey to the Colonial Secretary, in whieh the prominent features and main resources of the Province were grouped and described. This report was much wanted. The information it contained has been freely used in the mother country and elsewhere, and has had a tendency to correct erroneous impressions abroad. On the 20tli of November, a new commission of the peace was issued, which gave rise to much discussion for some years after. In December, the Colonies met with a heavy loss by the death of Charles Bullcr. BuUer and Howe never met, but they had long corresponded, and entertained for each other mutual confidence and personal esteem. The following grace- ful tribute to the memory of the dead was written by Mr. Howe at the time, and we have heard him express the emotion he felt, while wandering through Westminster Abbey some years later, at coming suddenly upon a beautiful bust of his departed friend : — If the question had been asked a month ago, of the North American Colonies, what English statesman they could least aflbrd to spare, the almost unanimous answer of the best informed men in the five Provinces, ■would have been — Charles lUdler. The last steamer brings the mel- ancholy tidings of his death, and the sincere sorrow on this side of the Atlantic is as general as was the estimation in which the deceased was held. There is something singularly sad in the death of such a man as Buller, at the early age of forty-one, — in the very flower of his days, — after the difficulties of early life had been surmounted, and an honorable position had been attained, from which, with practiced and scarcely ad- >*, !!ii CHAHLES DULLER. 567 ?-,ni' '< )lubl(' tie — tlic venturous wing, the highest elevations of Impcriiil public life were fairly within his reach. There is something, too, depressing in the reflection, that another has been added to the list of able and distinguished advocates of Colonial rogen(M'alion, who have passed from tlie stage of usefulness to the tomb, within a very few years. Lord Durham, Lord Sydenham, Sir Charles Bagot, Charles Bullcr ! With these men alive, and holding high stations in England, North America would have had her advocates and friends — familiar with her wants and liopeful of her destinies — to appeal to, and to defend her interests, on all occasions. Tlie grave has closed over theni all, and we are sciircoly consoled for their loss by the conviction that their works live after them, and that the rights they advocated can never perish. Li the gradual evolution of genei'al principles, and in their practical application to tlie business of Colonial government within the last ten years, Cliarles liuUer, though inferior in rank and station to some of his fellow-laborers, exercised a vast and most beneficial influence. As sec- rotary to Lord Durham, his talents contributed to the brilliant success which attended His Lordship's mission. "When that great man was prematurely stricken down, Charles Duller, in Parliament and in the press, defended his memory and reasserted his principles. Out of office, he checket! and restrained the party by whom Lord Durham was feared ; in office, he gave to the present ministry his counsel and his aid in per- fecting that nobleman's Colonial policy. Contrasted with some others who take an intei'est in Colonial ques- tions, there was something safe, practical, and conciliatory, in BuUer's advocacy of North American interests. Unlike Hume, he never fright- ened or misled by counselling extreme measures ; and instead of trav- ersing boundless fi(dds, and generalizing like Molesworth, he stuck to the matter in hand, and raised no ditficultics, the facile removal of which was not proved to be as compatible with the dignity of the parent State, as with the security of the distant Provinces of the empire. It Avas for this quality of his mind that we chiefly admired Buller. He never did violence to the anti(pie prejudices of Parliament, or feared to give honest counsel, when they seemed to require it, to the Colonists themselves. There may be rising men in both Houses, of whom we know little ; but of those we do know, there is not one, in the peculiar Vi'alks he chose, wdio can fill Charles Buller's place. In 1849 the Legislature met on the 18th of January. The opening passage of the Governor's speech contained a reference m\ I :i;: ;: I Ml ■ \ \- m ^ 1 ;t f^ it' i' ! ■ i' , 1 nil i iH pi, I 5G8 OrENING OF THE SESSION. ■f to the prerogative, in a different spirit from those wliicli we were accustomed to have under the last administration : — During tlio year wliifli lias just c-losod, we have witiK-sscil in ibreiga coinitries a succession of startling events, llio (lownfall of ancient dynasties, the violent disruption of the relations of ostal>lish(Ml so(;iety, and sanguinary civil conflicts; and have learned by contrast to jjrizc more highly the blessings of rational lil)erty, iniioii, ])eac(\ and industrial development, secured to the empire, of which Nova Scotia forms a l)art, by the mild sway of a sovereign whose prerogatives, in their exercise, express the national will, and derive their strength from the people's affections. It is apparent from the whole speech that the government had been, throughout the year, actively engaged in the duties of administration. Major Robinson's survey of the inter-colo- nial railway having been completed, was submitted, with dis- patches in which tiie views of Her Majesty's ministers, and of the governments of Canada and New Brunswick, in relation to that work, were fully explained. The country betwen Halifax and Windsor had been explored by Wightman and Chesbrough, and their surveys and estimates were submitted. A delegation had been sent into Canada and New Bruns- wick, to arrange with the governments of those Provinces the establishment throughout British North America of a uniform rate of postage, and of intercolonial trade. Their reports were laid before the two Houses. Authority having ben obtained from the Imperial govern- ment, tlie crown land departments had been consolidated on the basis of Mr. Howe's bill of the previous year. Some amendments were moved to the address, but were negatived, twenty to eleven, the House not being full. On the 23d of January the dispatches and papers connected with the departmental bill were sent down. These were Sir John Harvey's explanatory dispatch on transmitting the bill, Mr. Fairbanks's remonstrance against its passage, and a protest forwarded by a minority in the Legislative Council. These papers had drawn from Earl Grey an expression of opinion If^ MINUTE OF COUNCIL. 569 favorable to tho moasurc jrciirrally, l)ut ovidcMitly framed to soc'urc for the gentleman about to be removed a des^ree of eon- sideration to wliieli the uiiijority of tlie House did not think him entitk'd. ITer Majesty's assent to the bill Avas withheld, and an intimation was eonveycd that some other odice, or a pcnsioii, must be f^iven to the Reeeiver General. This dispafeh drew from the Provincial Cabinet a minute of council so arj^umentative, so condensed, and so spirited in tone, that it is impossible to mistake its paternity. As it settled this, and all other (iuestions of a similar nature, it is worth preserv- ing. hi m^ tv May it Pleask Your Excellkncy: — 1. T1k> unexpected rojcction by the Colonial Secretary of the depart- mental bill, places us in a position of so much embarrassment, and leads us to anticipate so many serious dilliculties, in discharj^ing with satisiac- tion to Your Excellency and credit to ourselves, the functions we have assumed, that we regard it as our first duty to remind Your Excellency of the terms upon which wo accepted ollice, and of the obligations which we conceive ourselves to be under to the majority in the Leg- islature, whose confidence we enjoy. 2. The inherent vice of t)ie old Colonial governments was the ab- sence of adequate control, by the majority of the constituency, over the departments by which the whole Executive machinery was moved. A minority sustained l)y the Imperial authorities ruled each Province, often in sj)ite of vainly struggling and discontented majorities ; still more fre- quently without the harmonious mutual cooperation, wanting which thei'e can neither be vigor in the government, nor widely diifused con- tentment among the body of the [)eople. Lord Durham's report exposed this fatal defect in our old modes of administration ; and, from the period of its })ublication, whatever crude opinions might have been previously entertained, opposing parties rallied to secure or to resist the introduc- tion of improvements by which the anomalies of the old system would bo swept away ; and self-government, by the constitutional modes recog- nized by all parties in England, would be established in their stead. 3. For ten years the people of Nova Scotia, variously tried, and often disappointed, have labored to place the executive departments of their country in the hands of those who, from time to time, possessed, in their judgment, the requisite qualifications to successfully conduct the ad- ministration of public affairs. Their right to exercise these powers, clearly 48* ■V;. ! n li' i'1 h Hi I !i: r \u 570 MINUTE OF COUNCIL. ! i indicated in Lord Diirliain's report, was cxpand<'d in Lord John Rus- sell's dis|)atoli of October, 18."!); since the publication of whii:li, in these Provinces, the fair claims of odiccrs appointed previous to its promulga- tion have formed the oidy acknowlcdgccl barrier to the full enjoyment of the high privileges, which formally conceded by that dispatch, could never afterwards, but for some gross forfeiture of confidence or allegi- ance, be constitutionally withdrawn. A. The rights of every officer appointed previous to that period, have been honorably respected; but no olficer appointed since, exce[)t to judi- cial vsituations, has been regarded as holding his place by any other tenure than that proclaimed in the dispatch ; and any attempt, by a Nova Scotian, for his own personal advantage, to narrow the connnon rights of his countrymen, and to withdraw any of these ofilces from the constitu- tional control of the Assembly, has been warmly disapproved; and the attempt itself r(>gardcd as establishing any thing but a claim to reim- bursement out of the public fluids. In this position Mr. Fairbanks deliberately placed himself, in 181'), and after years spent as a public man in vain resistance to the introduction of the new system as a whole, he set the example of showing how easily it might be violated, by any party, having a temporary ascendancy, giving jiledges to those they ap- pointed to office that the tenure should be for life. 5. If the office of treasurer can be withdrawn, what security have the people for permanent control over any other? Should INIr. Fair- banks succeed and reap the reward of an attempt upon our Constitution, which his countrj-men deeply resent, others may find it convenient to imitate his example, and there may not be wanting, in the fluctuations and changes of parties, persons higli in authority to aid them. G. Giving to Earl Grey's comparison of the duties of Colonial treasuref with those discharged by the Controllers of the Exchequer in England, all the weight to which any suggestion from his Lordship is so eminently entitled, we cannot but regard it as unfortunate that the analogy was not perceived in 18 10, and that the Ivccelver General in Canada, whose duties are precisely the same as those discharged by ]\Ir. Fairbanks, has been ever since, and is now, a responsible head of the department : lia- ble therefore to removal with every change of administration. 7. Having thus explained with clearness and precision the general views entertained upon this subject, we now proceed to consider it.s bear- ing upon our own positions, claims, and obligations. When INIr. llniacke was called upon by Your Excellency to aid in forming an administration which would be supported by a majority in the Legislature, he expressly stipulated for the vacation of the two crown ofTices, the secretaryship, 4 'f^' WINUTE OF COUNCIL. 571 ^:'ii , we could not con- ceive, with the exami)les of Canada under four Governors General before us, and with Lord Durham's report and the dispatches of Lord John IJussoU and Earl Grey in our hands, that we were to be further embarrassed with the vested rights of individuals, whose only claim to consideration arose out of opposition to the views of those distinguished statesnicn, and to the very system w(! assumed olTice to establish. 8. So little did W(! apprehend dillicidty in adjusting these details, so perfect was the nnitual understanding in reference to them, that no secret was made of the policy to be pursued, and a suspending clause was only attached to the l)e[)artmental IJill, at Your Excellency's request, on its final reading in the upjjcr House. In the lull assurance only of the en- tire conunand of the departments deemed essential, coidd W'? have made the declaration, or justified it when made, that we should resist any desire for "sweei»ing changes of subordinate functionaries." Your Excellency knows with how little satisfaction that declaration was received by many who were accustomed to see all the higher ollices in llu; govern- ment, and the household, change occupants on a change of administration in England; and who, in the neighboring republic, observe thousands retiring into private life, unpensioned and unheeded, every fitur years. 9. "We may overestimate the moderation displayed l»y a party having established a com|)lete political ascendancy, after a contest of ten years, but if Earl Grey was aware of the sacrifices we ha\ e made to guard from inconveniencies and loss all whose removal was not indisi)ensable to the security of the administration and the elUciinicy of the public service, ho would scarcely desire that, after thus resisting the i)r<,'ssure of our friends, for the protection of our opponents, we should be left for the remainder of the year with no effectual control over the land, finance, and revenue departments, wanting which, by any party, there can be no efficient or satisi'actory administration of alfairs. 10. His Lord>hip will scarcely believe that when, in conformity with law and the practice of the mother country, members of the govern- ^k\ i:- y^ i:,^' 572 MINUTE OP COUNCIL. n ■' *^'^ l;l ' m mcnt who had accoitted ofTico, ascended the hustings in March hxst, they had to encounter tin; active or concealed hostility of many persons liold- ing ofllcial employments, and that at least one head of adepartment actually voted against the return of the Attorney General and I'rovincial sec- retary. This sort of internal eonllict Earl Grey ■vvUl at once perceive is ir)compatihle with the improved principles of Colonial government, and must render any administration that permits it very weak and in(.'incient. His Lordshi[) will find in the hlue hook the names of one hundred and sixty oiricers employed in the civil service of this Province. After conduct- ing the administration for months, hut four removals have been pressed, hut two or three others are required. We have asked for no olfice that is not, or has not been made, by the peculiar circumstances which have arisen here, political. "We desire nothing that we arc not prepared to surrender to our opponents, whenever we cease to enjoy the confidence of Your Excellency and the sup[)ort of Parliament. 11. The best proofs that we have limited our claims to the smallest number of ofiicers, by the aid of which it could ever have been sup- posed that resi)onsible government could be carried on, are to be found in the facts that at this moment the secretary is the only oificer friendly to the administration in the Province building, within which the chief business of the country is daily transacted ; and that that oflicer, rather than displace gentlemen having I'amilies to support, '.as retained in his own department, where the strictest confidence would seem to be essen- tial, all the persons he found there, in the hope that they may be pro- vided ibr belbre Your Excellency is asked to sanction other appointments. 12. This state of things cannot continue. Wc do not believe that Earl Grey, who, with these explanations will clearly comprehend it, will for a moment desire that it should. If such should be his determi- nation, if no civil list bill be acceptable, but one which no party in the Colony can carry; if the land bill is to be again deferred, and the organi- zation of our revenue and financial departments, and the inspection of our accounts, to be postponed till pensions are provided, which the Leg- islature dare not vote, we do not disguise from Your Excellency that we see before Nova Scotia all the perplexities and difficulties of the past, aggravated by intense disappointment. 13. Knowing the activity which those who have ever resisted the introduction of Constitutional government into this Province have dis- played, to create erroneous impressions at the Colonial office, and by no means undervaluing their resources or the skill of the agents they cm- ploy, our first and obvious duty to His Lordship, the Secretary of State, to Your Excellency, and to the Legislature, is to vindicate, as we trust 1' (:. CIVIL LIST SKTTLED. 573 wc liiivc (lone ill tin' niiiiiitc< to Ix' ti'aiismlttril liy ilil^ inull, tin- inodcrii- tion of our views ami llic general policy ami justice ol" the measures passed in tlie recent session. Slioiilil I'.arl (ii'ey (l<'sire i'lii'llnT iiiforniatiiiM, we are content lliat one or two inemliers of Council sliouid proceed to England to i'unii>li His Lordship with any explanaiions that may he re(|nircd, and to adjjust (hs- tails which cannot i)erhaps he so easily arranged hy coi'i-e.-pondeiici'. It is our duty to make every rational eH'oi't to hring into practical opera- tion the viewn which, we helieve, on hoth .-iiles of the Atlantic, are entertained in sincerity and good faith ; to do this we will iiiak(,' any sacrifice, and exhaust every honorahle resource, llavinu; done so, if the country is thrown again into confusion, or left with an administration poweiless for good, the fault will not be ours. (Signed) Jamks Pi. UxiACKi;, JMiciiAKf, Tor.ix, IIuoii l)i;i,L, Jamks I\I( Nau, GKOU(ir. 11. Yoi.xc, Joskimi IIowk. ]Mr. Huntington and 'Mv. Dcsbarros were absent. I\Ir. Doyle was sick. Halifax, July 21, 1818. ¥• Lord Ci'cy, on receipt of this nnnonstraiico, waived his own opinioiis; iuid informed Sir John Harvey that if tiie Legislature adhered to its decision, after tlie whole subject liad been re- viewed, he would advise the Queen to give her sanction to the bill. An address to the crown was passed during this ses- sion, and Her Majesty's assent was signified in the course of the spring. The civil list was another vexed question. In transmitting the bill, passed at the last session, a dispatch was forwarded with it, which conveyed to the Colonial Secretary, for the first time, the real sentiments of this country.* Voluminous jirotests against the bill wcvc for\varded with this dispatch, and encumber the journals. They were answered by a miiuite of Council, also transmitted. The result of the thorough sifting, which the whole subject received, was the final settlement, with some modifications of the bill, suggested by the Colonial Secretary, of questions which had been variously agitated for fifteen years. There were sharp debate , on these * Sec Aitpeiulix. I' :! : ta 4 f ^m 574 COMMISSION OK THE PEACE. ' (i< ! measure?, in wliieh Mr. Tlowt; liiul his share ; but the tuples were hnelcneyed, iuid his views un; expressed with more pre- cision in th(^ (loeuiuent to whieii we have referred tluui iu any speeehes which we liutl anion^ tiie re])orts. The new eoinniissiou of tlio i)eaee formed a fruitful subject of coiuplaiut to the opposition (hu-iuf^ tiiis session. It was de- fended by J\Ir. Howe in one of the uu)st abh*, varied, and hu- morous speeches that we ever heard him deliver. It was justi- fied by the House, which, on motion of Mr. Henry, passed the following resolutions : — Whereas, it has been been the practice from time to time mi this Province to Issue general commissions of the peace, aflbrding to the executive government an opportunity of correcting the defects arising from age, incapacity, and other causes, and of renovating the list of magistrates in the several counties, in the least offensive and most con- venient mode ; And whereas, a new commission of the peace was issued accordingly in the month of November, 1848 ; And whereas, \\\ twelve out of the seventeen counties in the Province, only a small number of die justices then surviving were omitted ; And whereas, in the other five counties more extensive changes had become absolutely necessary, from the undue preponderance that had been given to one party, which created amongst the people feelings of irritation and discontent : licsolvcd. That the issue of such new commission, in November last, had become indispensable for the public welfare, and for restoring con- fidence in the administration of the local affairs of the several counties, and was, in the opinion of this House, a wise and beneficial measure, expected by, and satisfactory to, the people of Nova Scotia. We have not been able to put our hand upon any satisfac- tory report of the speech on the new commission. The only other delivered by Mr. Howe during this session worth pre- serving, is one on the general subject of education, which we give below : — Mr. Chairman, — Having no desire to mingle in the acrimonious and somewhat irregular discussion which for the last four days has occupied the attention of the committee, I have not interfered ; but, feeling a deep Interest in the important subject of education, I must now it ih(> topics 1 iiion' pre- lum ill any tfui subject It was de- 'cl, and iin- t was justi- passed the time i4i tliis orcling to the .'fects ari.sinj5 : the list of ncl most con- 1 accordingly he Province, litted ; changes had CO that had feelings of vcrabor last, ^storing con- ral counties, ial measure, ly satisfac- The only worth pre- , which we acrnnonious u' days has rfered ; but, I must now EDUCATION. 575 perform the duty which I owe to the House, to my constituoiifs, nnd to the country, by the free and luu'eservetl expression of my sentiments. The .-ubject wc are called to consider, not in the singh; aspect in which it has been pr.'sented, but in its more enlarged and <'ompr<'hensive sense, involves the highest interests of this people, and offers the noblest theme for the orator and state.-man. "What is it, sir? Tni: i;i)UCAtio\ op oi It voiTii — (if tlio^e who are to be the comfort and the solace of our declining years ; of those who are to b«! the owners of the J'rovinco when wc j)ass away, and the parents and examplers of the more numer- ous race liy which they in turn will be succeeded. Jn what spirit should a subject of this niagnituih! and importance be approached? The defence of our country unites us as a bund of brotluM's. When railroads are to be constructed, and our intercolonial interests advanced, the voice of faction is hushed, and there is the union which presages, as it is best caleulate(l to insure, success. The erection of liglithouses around our coast is regarded as a work of general j)olicy and benevolence, in the consideration of which we rari'ly disagree ; and how honorable was that liarmouy displayed a few days ago, when, by unanimous vote, we re- solved to consolidate our laws. Happy is the country where such ex- liibitions are frecpient, and where the occasions for them are diligently sought by all. Shall not this great subject of education then unite us? Is it wise to approach it in a mode which eainiot fail to arouse the pas- sions without heading to any satisfactory result? Our population now is estimated at three hundred thousand. In forty years our country will contain a million of people. Our children now are sixty thousand. In 18G9 they will be one he'idred and twenty thousand ; before the close of the century two hundred thousand. Let us contemplate this numerous race, for whom Ave are required to legis- late, trained, intelligent, erect, self-confident ; multiplying by science the productions of the earth ; indefinitely extending their strength by mak- ing the water power of our streams do the work of many millions ; traversing the ccjntinent by railroads, the surrounding seas by steam ; transmitting their thoughts over a continent l)y electric wires ; condens- ing their physical strength on assailable points, for national d(!fence, and diffusing intellectual life and energy over a progressive and happy coiin- tiy. Let us reverse the picture, and see them prone to hatred and civil strife, choosing education and ')ther kindred topics, not as common ground, on which, as at ancient festivals, deadly weapons are laid aside ; but selected with the same feelimjjs as the scenes of those treacherous conferences of the Fronde, to which men went armed, the object being to stab a rival, not to secure the tranquillity of the state. A population ;; I r)70 EDUCATION. t\ ^i II - i i \ i \i ' 1 ' L 1 1 |- 1 m fo laii^l:f, ?() divided, must lie ij^nioraiit mid weak, a mockery to their liei;;ld)nr-, and iiiii-t idtimatt ly be cnislied liy tlie iron heel of ihi; spoiler, issiiin;; from some of tliose powerful eomliiiialions which even now over- ehadow our httrders. This r.e;;i^laliin.' must decide wlia. that fiiluro nice shall 1)0. To a larye extent their piospcrily will be imhienced by onr measures ; they will be inspired or cur.-ed by our example. The time is cominj,', sir, or I am much mistaken, when this sulijcct will be approached in a I'aiivr and calmer sipirit. 1 had hoped that that time liad arrived. Wu have been tT linn. Till' passions, lli(! pn'Jmlit'cs of ilir |iM-f, Imvi' not )i'\ -iili iili il, and union ol' scnlinicnl, in a popiilali«)n .-o tliviisiiiiii a^ mit . Iiv I'mitra* rit'iy of i-flif^ious opinion, is not ca^y of atlainincnt. I ImU nluii-/ llio ranks of lin' oppo-ition ; on polllii'ai (|nr«tinns >iil]lcii'nily iiiiilril. on iji'm they arc a rope oi ami; ami, jiiilj.'in;; from the opinions i \|iii-.i(| liv my own political issoeiiUiM in fliis ilcliati', tlicy ai'c, even on llic cMllf;_'iiitc. Iiiancli of the >iil.ic< (, wliicli i.- tiui 'lie most imporlani, diviflcd inio ilinc sL'i'tioiis. M\ lionoral)N; fl'iriid from Varinonlli, ami xniic oilici-. arc for no collci,'!' at all . ilic SpcakiT imii('li a diversity of sentiment [jrcvailin," In the |iroviiice, tin Lieu- tenant (Jovcrnor tlnis wix'ly called onr attention to llie -iihjert of ecliien- tion in his opciiin;^ speech : — "The acts which provide for the support of cdncation, and I'ui- the cn- conraircmcnt of afrricnltnrc, will >liorlly expire; and I shall he 'ii'atilicd if, in the renewed consideration of these very prominent inleie-|s, the, cxp(M'iencc of the pa.-t condncts you to harmonions and -iicccv^fnl legisla- tion." It is in tlfn spirit, ^Fr. Chairman, that f approach the (lue-iii.ii. In- structed hy the cxi)t'rience of fli(( pa-t, and <'onvinced that ii", liy mutual concessions, harmony can he sccnrc(l,our lahors may he ^ii<'ce»-i'iil. The hill hefore the House is no novelty to me. I have voted l()r it two or three times, and shall now. It was originally inti'odiiced hy my honora- ble I'riciid, the Ial(; member for Londonderry, in ISl.'). a- a part of the general subject then under our discussion. In IS 1,;, when my honora- ble friend lor Yarmouth, again asked leave to introduce il. I \./t' d with him. On neither of those occasions did I regard it nioic highly than I do now; as a iletail of a general (piestion, a fragment of a great .-idiject, a limb of the tree which we were to prune ami water, bill not the tree itself. ]My objections, then, have been not to the bill, but to the mode in which we have been irregularly, and as I conceive most unwisely, dragged into an educational discussion, by which, at last, but one qu'-.^tion can lie decided, and that in a mode unnecessarily invidious and ungracious. The learned introducer of this bill, had he done me the honor to consult nie on the subject, would but have evinced the confidence di^iilayed to- Avards himself and others, upon most im])ortant occasions. Had he paused to reflect that this topic might have been discus.-ed and disposed of, with some regard to the ])osition of the honorable and learned leadex* of the government, and to the sentiments he was known to entertain, he 42 .«^ j-:^ 4k 578 EDUCATION. mifflit liavc folt tlirit lliorc were roasons for "oiiicc into tlio committee of the wliole, wliieli coiilil he more easily iinajriiied tliaii explaiiieil. lUit, whatever the motive which deiiieil the ordinary eoiirtesy, ami to our friends the advantage of the u.sual consuUation, for myself I make no complaint. I am ready to meet the question now, or at any tiuK;; and as to niy learned friend and colleague, whether the l)ill was designed, as it is calculated, to jjlace him in a false position, T rejoice that In' has manfully defended his favorite institution, and though divided from his political supporters, has thrown, by his felicitous eloquence and graceful inde|)endence, a charm over even an untenable position. When, on a former day, I moved to go into committee of the whole on the general state of the Province, to consider the sul.j(!ct of education, I did so, because to debate that subject on this bill Avould be a need- less waste of time. "Was I right ? Four days have been spent, a single point is not yet settled, and the general subject scarcely approached. I feared that by an attack on a single institution, Ave should have acri- monious debates, and personal disputes, that might have been avoided by a general discussion. We have had them. I saw that, whih^ every thing would be discussed, but one; point, in the end, would be decided, and that we should have at last to go into committee of the whole, and go over the same gro'.nd again. Besides, this bill, wdien it passes here, may be perilled elsewhere. It would have been in less danger, emana- ting as part of a general measure from connnittee of the whole, and go- ing elsewhere sanctioned by a large majority. Suppose it is carried here, we must wait its fortunes, or go on in doubt, discussing the general subject ; suppose it lost, we must commence anew, with all the passions roused by an invidious and fruitless discussion. I have been amused by the reasons given by learned and honorable friends for adhering to a course fraught with so little wisdom. "We wish to clear a foundation." For what ? Have they told us? Do they know? Who clears a foundation till he is ready to build — till he has the estimate and the design ? AVho removes a pig stye till he knows for what lie wants tlie ground? A Jewish synagogue may be an offence to the Cristian faith. But if a party intended to destroy it, one section de- siring to build a Turkish mosque ; another a Chinese i)agoda, and a third an English church, the Jews would be entitled to our pity, and the posi- tion of the Christians would not be much improved. The Bastilc was a nuisance, yet anarchy followed its destruction, because those who razed it wanted the prudence, the cohesion, and the unity of design to put any thing valuable in its place. Tlie guillotine rose upon its ruins first, and an Imperial despotit-m soon after. EDUCATION. 573 committee of laiiK'il. r>ut, ', ami to our r I make no [\y liiiK! ; and 5 ilosigneil, as that lie ha< itlcd from his and graceful of tlie whole of education, d be a need- pent, a single ' approached. Id liavc aori- en avoided by , Avhih^ every d be decided, le Avhole, and t passes here, uiger, cmana- k'holc, and go- it is carried 2; the "•funeral the passions nd honorable sdom. " We IS ? Do they — till lie has he knows for an offence to lie section de- a, and a tliird and th<> posi- Tiic Bastile se those who of design to ipon its ruins To clear foundations without being ready to build ; to dismantle till I am prepared to make use of tlie materials, is not my mode of proceecling, and never was. When I voled, in 1813, for this bill, and for withdraw- ing all the collegiate grants, I had IMr. Annand's resolutions in my hand, embodying a consistent scheme of education, the very foundation of which was a general university, to 1)0 endowed out of the money saved, and situated in the capital of the Province. And if I vote now tor this bill, it is because I am prepared to build '>s well as to destroy — to seciu'c equality first, and then, with due regard to existing interests and institu- tions, to lay the foundation of a free college, independent of sectarian in- fluence and control. It is possible that, amidst the conflicting opinions and adverse views of friends and foes, I may stand alone. I have often done so, and may again, confiding in the strength of my position, and in the generous purposes to which I minister. Happy shall I be, if rest^m- bling the pile that stands in loneliness amidst the billows. Though the lights that flash around it reveal the deadly strife of war, its steady beam, cheering Avhile it warns, invites the combatants at last to a haven of sccui'ity and peace. Let me invoke gentlemen on all sides to turn to this question without refei'cnce to personal rivalries or party triumphs. Suppose this bill be- fore us burnt, and all that has been said upon it forgotten, the ability and the worth of my young friend from Sydney would still be as sincerely prized. It surely cannot be necessary to add weight to the chiracter of my honorable friend from Yarmouth, that he should win a personal triumph on a point of form. I listened on a former evening with much pleasure to the Speaker's narrative of the early history of King's college, but I ask him. of what avails ingenious arguments here, if they end but in the destruction of existing institutions, without the creation of any other? And whether he thinks we shall not deal more Avisely with the subject of education, liy mutual com[)romisc and cooperation, than by splitting the house in halves, and driving some of the ablest men in it into determined opposition:' We want the learned Attorney General and the learned member from Anna])olis, when we come to consolidate our laws. Do we not want them now? Is ^iicrc no common ground? I think there is ; and to both these gentlemen I would say, that they must be iircpared to give up something before it can be wisely occupied. I take the broad subject of education. AVe all agree that common schools shall be maintained, and that if the present law is contiiuied, the largest possible sum shall be granted. We all agree that the people should be left to elect their own trustees, and tha*, the management should be pop- ular. But we agree further. The Attorney General and the member .1^ ijMl y-i Ifj: , I t I !!■ vi^!; k ) I Ik 580 EnUCATlON. loi Aiin;i|u>li> arc :is oiitliiisiastic :is ;niy of us in fiivor of :i wiilrr dilT'ii- sidii til" iniiiiiioii .■^cliodl |)i'ivil(\H('s — ill Ihcl, of iiiiiv(M>;il ('diicMlidii. All ndniii lii( ililliciillics ; liiil iiiiilcd, all may liaslcii on (lie pciidd wlicii hy ;i vipti'oiis clloil tlu'y may lie rcmovod. Ail arc (Mjiially anxious to clc- valc our (caclicrs as a (•Ia^•s. All air a.^rccd, I prcsimic, lliat llic <'oiinty acadciniis >Iiall in' maintained, 'riicrc is much coinnion ;:;ronn(l, tlicii, and if \vc dillcr on tlic collcu;c <|Ucstioii, I am not willionl a liopc lliat onr dilfcitMiccs may, I>y (ho application of a siini)le principle, lie, linally ad- justed. 'I"li(> lir>t projiosition to Avliicli I wish (o invil(> att(Mition is, the appoinl- ment of a superintendent of education, whose Inisincss it shall he to \ isil every school in the I'rovince in turn, inspect, its uianaizemeut, snLr;j;est improvements, and report facts connected with the condition oi' educa- liop year I)y year, for the information of the Lejj;islature and the }j;ov- (M'limenl. 'I'lie old school hoard was intended lo perforin this duty. It failed I'rom its sedentary character, as any similar board must fail. ISiit .somothinu; better is rc(iuirod. In almost every coiinly, almost (>very year, unstH'inly and perplexing disputes arise, (he merits of which it is oxceedingly dilli<'ult to elicit hy correspondenco. AVe have had these at Annaitolis, ai ("lare, at AVestport, at Shelbnrne, at Arichat, at IMiistino- doboit, everywhere, and in somo oases years liavc gone by before the facts could be discovered and gross injustice has been done for want of sufU- cient information. Into all such controversies a snperiiitcndeiit would iu<|nire upon the spot ; many he woiiM adjust by his presenc(^ and ad- vice, and where he could not do this, he would report the facts for the decision of the Executive. Ibit :i su])eriutendent would do more ; lie would eollecl inlbnnatiou and dilViise it. AVithout having jiower to inter- fore with the iJOjuilar control of the trustees, or the independent action of the e()mmissii)ners, he would act as an aid and eouncillor to both. lie would oiler, where retpiired, valuable suggestions as to the site, the con strnction, the ventilation of sehoolhouses, the furniture and apparatn.s of the schoolrooms, the books in use, and the mode of teaching. If;\ gooil school existed in a county, with jioor ones all around it, he would turn attention to ils merits, and elevate the others to its standard. If merito- rious teai'hers were Ibiind in obscurity, he would bring them forward; if districts were in want, he would know where to supply them. If schools or academies did not earn the Provincial allowance, he would at once report to the Hxet'utive. vSucli an ollicer would do more to systematize and elevate education in a single year than will be d<»ne by correspond- ence in twenty, and the moderate expense rccpiired to sustain him wouM be repaitl, by value rocoived, ten times over. EDUCATION. r)8i wider diirii- icalioii. All •idil wlicii by ixioiis to de- ll llie ••(Hiiily |:;i'(iiinii, llie;i, liope lliMl (iiir le. rmiiliy ml- , (lie Mppoiiit- :ill lie It) \ isit ii\enl, siitri^est iuii of (mIiicm- iind llic ix,o\'- Ihis duty. It list liiil. l>iit almost, every :)!' wliicli it is :; !i:ul these at t, at ;\liis(|iio- el'oi'e the facts want ofsiilli- eiideiit woidd ;eiie(> and ad- i'acls for (he do Jiioro ; ho ower to intor- cndeut action to both. lie silo, the oDii- apparatus ol' i for (In; half-year, and he draws ,£8 ; while Sophy Thom|)son, at The IMains, (oache.s eighteen. The peoide pay 20s., and she draw.s £7. Take Annapolis. Ichahod Corhett teaches lifty-one free scholars, and draws £10 ; James E. Wheelock gets £11, and teaches only four free; liichard Harris draws £11 for teaching forty-two scholars eleven months ; Bathia Robinson draws but £7 i'or teaching fljrty-seven a year; Henry J. Nuxton gets £17 10s. for teaching forty-lour; whih; Jarvig Ilartt gets but £11 liis. for teaching ninefy-one ! This may be all right, 49* ^V A 582 EDUCATION. 3l m Ui if 3 :^: i J)nt r ('.'iiiiKif compirlicntl i(, anil I doubt if there is .'i man in the Asscm- l)ly in tliis I'cspcci much Aviscr than mysclt'. TakiiiLi' I he au'LirrijcMtc amounts drawn and paid for common schools, I llnd tliat Halifax and (^)ii('(Mrs pay more than £2 for every .£1 drawn; IMctoii, £-■) ; IJiciimond, a tritle over I't.v, ! Surely, sir, this cannot be call(Ml a sy>lcm. in which there is neither uniformity nor justice. A superiMlcndcui would do nnicli to improve it ; but lie would do more. lie would ricvale the character of the schools, and improv(! (heir internal acher has broujj;ht np to its ])resent eiricit^ncy by jzcnerous devotion to his prolession, and by introducinjjf nKjdern ini- provemeiils. The man who would traverse the county of Halifax, and, by lecturinjf to llu; peopl(», conferrinj^ Avith the trustees and teaching the teachers, elevate all the others to the sanu' stiindard, would confer an ines- timable bles-iug on the county. An enthusiast might do it for love of education : but an elllcient man may be got for a moderate sum to do it not only in this, but in all the other counties. Improvements travel slow in every country ; in a new one they are necessarily tardy. The value of oat mills, of com])Osts, of peculiar breeds and implements, may be estimated in some districts ; yet years may elapse before the whole population obtain th(^ iuii)rma(ion, or act upon it wiih zeal. ^Missionaries traverse every section of tlu; country, to propagate religion and temi)erance ; to rouse, and to reform. Even in politics we a(lo[)t the same mode. The learned mendjer l()r Annapolis, the learned S|»(>aker. and myself, all became propagandists in our turn. AYhat I want, then, is an educational missionary, enjoying the confidence of the government and of this House, without respect to i)arty, who will go from county to county, and from schoolhouse to schoolhouse. On this subject we ought to agree ; and I trust we will. There is another subject well worthy of our attention. The establish- ment of libraries in connection with common schot)ls. In the organization of these (and £'> would give a hundred useful volumes to each district), Ji superintendent would be of great value. Without attempting to dic- tate to, or control, the trustees — freely elected by the ])eople — lie would be an agent to pm-ehase or import ; a friend ever ready to advise. He could elfect exchanges of books between diflcrent districts ; so, that if a county possessed five thousand volumes, each district in it could have access to the whole. The elevation of our teachei's in the general scale of society is another topic, to wdiich, at the risk of being tedious, I feel it my duty to call the attention of the committee. To pay them cfTieicntly is a first step, but we must give them a pride in their art and V EDUCATION. nc. 83 1 tlic Asscm- cnlist their combined cnJipcration. We must learn lo consult tliem ; to care I'or, to promote them. T would asseml)le once a ycai- at least all the teachers ol' a county in the shire town, and let Ihem discuss the sultjcet of education, and report their sugfrestions and advic(! I'or the jfuidiuice of the Kxccutive and iIk^ Legislature. This would make th.ein acMpiaintcd •^vith each other, and with each other's modes of teaching; it woidd excite an honorahh^ pride and a spirit of generous emulation. And who can doubt that many valuable suggestions would emana((! from tliese meet- ings ? I would reserve one or two county ollices, in (he gift of the Executive, as (Ik; rewards of long and meritorious service, in the noble art of instructing the young. On .such topics as this there can be no serious disagreement here. But, sir, there is another bran(;h of this subject that well deserves, as it n. y well repay, our grave and united deliberations. In 18 li, I proposed to the Assembly to foinid free schools, for universal education over the length and breadtii of the I'rovince, Had that proposition been adopted, there would not have been at this moment an uninstructed child witliiu it. A respectable minority voted with me on that occasion ; but a majority, fearful of the reaction of ignorance, rejected (he i)roi)osition. Circumstancies were not propitious when the School Act was revised in 1815 ; but, if wc are united, may wc^ not carry this ^'ast improvement now ? Tiie property — real and personal — upon the surface of Nova Scotia, is estimated at £15,0()0,(I00. One per cent, on this amount would giv(. XloO,000. But w(^ require no such sum. "We now pay about £12,000 from the treasmy, and the ])eople pay about twice as much more ; in all, perha]>s, i.".jr),O00, or less than C>s. on the £100 of all we possess. And this amount educates more than half our youth. Double it ; raise tiie i)er centage (o 10,v. on the £100, and free schools would be provided for every child in Nova Scotia. We may not venture to take this bold step, but sure I am that we may discuss the subject amicably, and to infmite advantage. But suppose this proposition to be put aside, may we not largely augment our school fund l)y a simi)le process without pressing hardly upon any portion of our po[)ulation ? Can wc not, by a slight tax on property, descending by legacy and inheritance, ci'cate, in every county, a I'und which (like mental light money) shall be sacred (o the objects of education ? On an average of thirty years, the whole hunuin race pass off the stage of life; and if this pcoi)le possess £1 '),000,0(lO of property, £500,000 descends by^ legacy or inheritance every year. One per cent, on this amount, which the dead would never miss and their heirs would cheerfully pay, would add £5000 a year to your common school fund. Two per cent, would give £10,000 ; and, as property M ■ ■ u 51- I l. ' ■J , M ^^-m' w IS! i* IE* 584 EDUCATION. would iiK'iTjisc fiislcr tliMii popiiliilidii, a I'liml iniitlit thus lie st'cnrcd lor tlif iiltiiiiatc Iraiiiin;^ of all llio yoiitii of oiii- coiiiitry. I'anloii mo, Mr. C'liairiiiaii. if 1 lirlicvc tliiil llicst^ lo|iics properly brjoii;^ lo llio siilijcct upon wliicli \v(> liav<' ciitfrcil, ami if I (•iilcrtaiii llic hdicf, lliat a few hours Miijihl have licni \\<'ll ciiiploycd in (liscussinj^ llicm in coniiniUcc- of the wholt! II oust' I COMIC now, sir, lo the more cxcilinu; (opic of (lie collejres. AVIiatcvcr may iiavc Itccn said or written hy friends or foes, I neither created tlio institnlions nor the diilicnllies which they have jtrescnted. Ivini^'s Col- leire was (iinnded l)eforc 1 was horn. Wlien J was a hoy the contentions ahont the I'iclon Academy had heen already hoiJ^nn. iMy lirst connec- tion with it, in any ollicial capacity, was as a connnis.>nlvt'd. Tiic Icaruril nifudxT lur Aniia|M)lis liad pos.^'sscd lor more llian a year pi'fvions u in(»iio|ioly ot" jialrona^i' and power. Some inenilters who liad Iteen eleeled liy eoir^liluencifs iViendly to our views liad lieen won over, and a eonipael majority, welded to- gether by |iolitieal eonlliels, di'I'ealed us on the collcjfi! (|n( stioii. l>iit ■we ^ot a hlow from an nnexi)eetei| (piarter. An emhryo eolleifc; had Pprnn;^ \\\> in I'lelon, and my h'arned Iriend iVom llial, county, lhou;f|i votinjf with \is on declaratory resolutions, lent his countenance lo llic system we opposed, liy acceptinii; a grant of I'lJ.jO for the um: of his own constituents. ]\Ir. (I. 1{. Young. Do you say that this is ;i sectarian insliliition ? ]\Ir. Howe. I say that the I'ictou nienil)(.'rs made, the majority of three, hy which th(! grants w<'ri' carried, and that they shai'ed the spoil. Tiiat the conduct (»!' the learned menilicr on that occasion I am sorry to recall, .'uid wi.-h I could i()rgct. It was had enough, Mr. Chairman, to be beaten by a combination ol' circmnslances ; it was wors<; to hav(! oiu' friends share the i)linider with our enemies. At this time Dalliousio ■was a wreck, and disgusted with IIk; aspects ])re.-ented on all side-s, 1 scarcely thought of the subject of education from 181."* to 1)^18. Some- times, perh:ii>s, 1 indulged the hope that " there was a good time (\oming." It lias coni(! at last. ]n IS 17 the college (|uestion was not beloro the coimlry. In so asserting, th(; li'arned men\ber lor Annapolis is correct. It may liavc^ been discussed ineidt'ntally in a few jdaccs, but in many was not even mi'ntioned; and tlnj elections were run on stirring political questions of more jtrominent interest. IJut it is lusre now, and nnist be dealt with. Jt comes to us under more favorabh; auspices. Dalhousic lias been rescued, and is about to be brought into activity. Thive ex- perienced teachers hav(! been engaged, and an excellent mathematician. We have, then, tlw; nucleus of the coutemi>lated free ccdlege, and have now lo consider which is the wis(!st course, — to withdraw the grants from the country seminaries, and handsomely endow it, or to permit it to go imobtrusively into operation, continuing to the existing institutions a moderate! allowance, nntil its metropolitan resources an; developcnl, and its capacity to give the in.-truetion they now aiford is fully tested. I confess (hat my own mind inclines to the latter course. We know by experience (hat ii large portion of our people favor the denominational mode of education. Though my own opinions are luichanged, I think it would not be wise (o revive sectarian bitterness in the country again if Ii l'( I IS' w ii; ii |frj"^M|'- vMB-^ jii'^ ■ '"" ' ft* * KM '' [(>. t fe H 1 [^Hv2^^^ > }|^ A 7 IBM ( ^'. f)80 KDUCATION. it «';m lie nvttiilcd. I( would lie ('(|iiMlly iiinvisc to Itrciik down scniiiia- ric- doiiij; iiiiii'Ii jjood lit'|')n' we li.ivc rrplaci'd lliriii, liy ..oiucdiini^ Ik'I- f cr ; to scMttcr classes of youii^ nun pursiiiiit; llicir .studies, until wc liave made .-oiue |>ro\ Ision lor eoniplelin^ their education. If we decide to withdraw the small j^rants now fj;iven, we nuist at once lar;.'cly extend the endowment ol' Dallionsie. AVe cannot lake one part of the sclienio of ISI.'i and leave tlu! otiur. A^'e nuist take the whole or clian_!j;(> otir luilicy. As respects Dalhousio Colle^'e, I have always relied under j^ooil ni:uiafj;enient, upon the resources which spi'ini; naturally from its central position in the bosom of the metropolis, i'lu' institutions at AVindsor, llorton, and Sackville, however nsefnl or respectahle, stand in thinly populated districts, destitute of the api)lianct>s ami aids to knowledge supplii'd by the capital of the Province. 'I'wenty thousand people sur- round Dalhousie within school-i;oinu; distance. One thousand fannlicH Avilhin that space can an<)rd to send oni^ boy at least into its classes. Hundreds of persons come daily into Halifax who pass tin; other semi- naries on the roail, and Iiinidreds more come by water I'roni the towns and harbors east and west who never see them. Suppose on(^ or both oi' the railroads nuide, the po[)ulation of Halifax ami Dartmouth ^vill bo lii'ty thousand in a few years. This population now have a strong claim on the Lej;islature ; in a few years they will demand that sonic provision be made for their education. l)Ut congregated numbers are not the only advantage possessed by Dalhousie. If y(»ung men are destined for the law, the courts arc here ; if for the church, the pulpit orators of all (.lenominations preach in Halifax I'rom tim(> to time. If the medical pro- fession is j)referred, hei-e are the hospitals and dispensaries. Young fellows wlu) are intended for tradesmen will learn more in llm workslu)ps of Halifax in a week than they coidd pick up in a village in a year. Those who desire to be merchants or connnanders have the ilags oi' all nations lloating before their eyes every day ; and if any of our pugna- cious youngsters, with a large development of the posterior region, arc ambitions of becoming soldiers while studying at Dalhousie, they may take lessons in the military art by mi-rely looking out of the -window. Such being the natural resources of a. metropolitan college, I am con- tent largely to rely upon and to develop these. All I ask for Dalhousie is to be let alone, or if moderate academic grants air given in aid of the higher branches of learning, that it should, if it qualities, be pcnnitted to particii>ate. If it is put into operatior without any needless aggres- sion upon other institutions, or any revival of denominational hostility and bitterness of leeling, not only will many Churchmen, Methodists, b 'i 1 KDC'UATION. r>s7 cliani^t' our llaptisls, iiiiil Ciillioluv, sfiul llicir sons f(t its classes, uttrarhMl |»y tlicir (•lM'a|iiifli their ciliica- lioii. 'I'Ih'sc sciuiiiarics will, in liict, Im iiir Ircdcrs Iroiii wliicli llio (M'niral iii>tiliilioii will lie iilliiiiatrly strni^rilicncij :ini| noiiti^lii'd. If it liii^ institnlions to endow one ; and certainly they would not apjirove of sweep- inj^ aw.iy the seminaries I hey have il" nothiii;^ hetter is to Ini created. r»tit it may he iisked, would yon recd^fnizc (he, sectarian jtrineiple ? Wonid ym till unfairly pressed on and provoked. But 1 iirefer the eoinhiiied, the m 588 KPUCATION. [I < B'l i fvco, (lie I'roviiiciiil (■nilownii'iil litr ('(liicnlion. (fillers, aiul l»y no moans a sniiill |M>itiuii ot' our pcuplt', nay, ol' tin- people of all eoiiiili'ies, prefer the o- 1(1 liiivc »*<)>t ,' ntlicrs, iiml liUioiiiil priu- oriaii tViomls ivrrck. One •, ami d. A league was formed which issued a manifesto publicly advocating annexation to the United States. These events startled us all in the mari- time Provinces ; and, for the moment, nobody could tell what to think or to believe. While the public mind was in this feverish state, Mr. Howe seized his pen, and dashed off a letter addressed to the chairman of the l(>ague, which, though pul)- lished under an anonymous signature at tlu; time, we have always regarded as one of his happiest productions. It set everybody laughing at the league. Their manifesto produced no effect iu Nova Scotia. This letter, under the signature of " A Nova Scotian," will be found in its projier place. Although an association was formed at St. John, New Brunswick, and some spicy resolutions were passed in the midst of commercial depression, the sj)irits of the people rose with the price of timber. As responsible government became better understood, it bore its legitimate fruits in all the Provinces. Unexampled prosperity and industrial develop- Tin: CKNTKNARY. 591 mont (ncrywlioiv followcvl in it?* tniin, and wc may n(nv igatcs from Canada, New Brunswick, and Prince Edward Island ; who, with the members of the Nova Scotia Cabinet, discussed and arranged various questions of interco- lonial interest. Sir John Harvey paid a visit to the eastern counties during the autumn, and was everywhere received with the respect and enthusiasm which the Queen's representative, ruling constitu- tionally, ought ever to inspire. On the 19th of March, the Hon. Mr. Johnston moved a series of resolutions, aimed at the new system of administration, reflecting severely upon Sir John Harvey and Earl Grey, and demanding, as a panacea for all the evils of which he com- plained, that the Legislative Council should be made elective. These resolutions were enforced by a very elaborate speech, characterized ])y much ingenuity, and a good deal of bitterness. The task of replying to the leader of tire opposition, devolved upon Mr. Howe, who, on this occasion, thus addressed the House : — ILiviuijj l)('pn culled upon, Mv. Cliairman, by my liononible and li'arno honorable and learned mover will allow me to say, that those rcLoUitions might have been drawn in a sjiirit reflecting more credit upon ii! t DEFENCE OF THE CONSTITUTION. 593 lalifax, con- , and Prince Jova Scotia s of intcrco- mtics during ; respect and ing constitu- Dved a series ministration, rl Grey, and ich he com- ade elective. )rate speech, f bitterness, on, devolved dressed tiie )l(' iind lcanic oiipositlon displays, if he. really peniK d this passage in a spirit of ([uerulous coinplaint. AVhy, sir, uhat. ar<> minis- ters ot'tlic crown for, under our admirable system, hut to advance with the spirit of the a_i;e, and to clian^i' in accordance with that, sjjirit what their pi'cdccessors liad established? Are not ministers (diani^ed, and cabinets reconstructed, for this esix-cial end? If what was once estab- lished could never be chani^cMl ; if e.\trava,i!;ance could never be; re- tronidie(h or a man once in oilice removetl, we should be. livint^ tnidcr a (les|)oti^m, and not imd(M' a constitutional monandi}'. So nnich for the iirst reeiial. The second ailirms that "the Iiieiit<'nant ( iovernor has been (h'liuded of all i)ower." Is (his tru(> ? The hoiKMT.ble member may think so. but .-appose these resolutions were to pass to-day, sanctioned by a niajorily of the Asst :ubly. the honorable and learned member Avould soon become aware of the power wdiich the laeutenant (lovernor still wieliN, and wouhl be made to feel that he had (he spii'it and indi'- pendence to exiM'cise it. Uut, sir, would (he honorable member wish any Colonial (Jovernor to exei'cise a power altojrether independent of the ropresenlalives ol' the people? If that be the aim, In- would fasten u|)on this people a system despotic and arbitrary, and which would be at once ropudiati'd. Xo I Sir. the honorable t^jentleman is incorrect ; the Lieu- tenant (lovernor does exercise all the power which the ( )iieen's repre- pentali\e can or oui:ht to possess, under resjionsible iro\ei'iiment ; more he does not claim ; less his present ail\ isers ANoiild not ask him to exer- ei^e. I'm. apiiii, we are told that were lie *■ lo exercise tliis iudepen- dont conlnd, he would di>turb the principle of responsibility." That uould not be the result. AVere any (lovernor lo pursue a course of n'cklessly independent conduct, to disretrard liie feelings and wi-hes ot' the pco|i!e, iIk' principle of responsiliilily would not be di-luibed, but it would lie iu'ouuht into play to check and control him. Dismiss his ad- visers, he miiilit ; appeal lo the country, he miulit ; and wlial would be the resuh ? IJack, in all probability, would come the \ery men whom he had dismissed, as back ouet' cam<' a set of men who were unfairly compelled to retire ; .and (he people would wre-t llie usurped anlliorily from liis hands, as pi'omplly as ihey would sustain a (lovernor unfairly pressed upon by his cabinet. Sir. a Lieutenant Ciovernor has privileges DKI■I•;^'CE 01' THE ('ONSTITUTION. r)05 () oiip form of t lie calls upon ;(, (iiicc !i year. li(>l(l hiiiisclt' s ollicial I'liiH'- )iial kii()\vl('(lp;<^ \y piMiiit (1 this Iiat arc iniiiis- ) utlviiiH'C with hal. spirit, what ! changed, ami k'as oiic(\ cslah- [ iicvcf \h\ rc- li\ iiii;; tmdoi' a ) imu'h lor the , (Jovcrnor has Ic lucinhcrinay (lay, ^aiiclioiicd 'anicil lucmbci" •naiit ( lovcriior s]iirit and Indc- cnihci' wish any pendent o!' the dd I'aslen upon )iild 1)(> at once •(■el ; the Lien- (^)iiecn's repre- I'l'nnient ; more sk him to e\er- lliis indepen- /il.ilily." That ic a conrs(; of -; and wi-hes ol i>lnilied, Imt il Dismiss his ad- what would lie very men whom I) were nidairly urpi'd authority )V( rnor unfairly >i- has privileges and powei's which should he exercised with moderation and jiislice ; to ns(> them as the cnji;ines of oppression would he hul^ to overthrow hims( 11". The n-cilal ;^ocs on to say t'lat, "so lonrr as Ihu liienlenanl, (!overiior is to he viewed as the head of tin; I'rovineial administration, i^c, he nnist cither sink into insii^nilicancMi o'- heconn! tin; in.^li'umenl ol' Ivxeciilive. oh- slniclion." What the honorahle and leanicil mendter mean-, iiy the head )!• tl le adminislralion, I know not; hnt let me inlorni him thai llie i/ieu- tenanl (iovernor ol' Nova Scotia is the (^uei'n'.^ rej)rescntative, and that, my honorahle and leai'uecl friend IIk? Attorney ( lenerul is the head of the Provincial administration ; just, as liord tlohn IJussell is th(! head of the ailministralion in the mother comilry. I^ord l'">l;:in is(Jovernoi' of Canada, hut iMr. liafontaine is the leader of tlu; adminislralion, and in til 1 lis position, Ik; and his collca,L,nies exercise the, same |iowers and privi- eires as a lirilish administrati on IJul, then, if the (Iovernor he ih head of the adminislralion he, nmsl, ai'coi-din^f to the, honorahle. ;i,-entlc;- man, "either sink into insi;.^nilicanc(^ or h(,'com(; tin.; instrument of iCxeo iilivc. ohstrnction. In the one case the reverence! due the .'-overei;.,^! heing insensildy dimini.sh(;(l hy the conlempl enu;eiidcred foi- the oiliee of her representative; in th(! other the harmony of the i'rovince heiu!^ (judan- tr< red hy the violation ol a principle, which tlni JJrit i.^li ":o\criiment in the last two years has allirmed, and Marl (irey as Colonial Sccr(;tary •y." The, honorahle and Jias sea led 1 y acts () f nnmislakahh; siiinilican learned meiiiher mi^lit, surely have couched his ideas in milder terms. He has thouirht til, however, (o comniil a hr(;ach of all jiropriely hy lev- elliiii^ his sarca.-ms at the (Queen's representative, instead of at the; ad- ministration. IJiiL let me tell that honorahle f^enlleman that, llu; entire iiidej>endene(! of the local governmcnl, in tin; sense here recited, has never heeil ce ceded. I admit lliat l,,oril (li-ey, liavin;^ frankly yi(!lded the, principles of re- siionsi ^1 and hh ivernmeiil, has left, them here, a S 111 C iiiiada, to their natural [luproiii'iale ( lev.d opineiil ; ji;ivni.i^ us good cininsc I wl leil lllllIvS lis wrong, and hu.-haiidiiig his LM'eal powers for great oceasi(jns ; Ik; does not control our i'vvc action in (pieslions pnr(dy Provincial, or irritate and ohstruci hy ncedic,>s inlerl'erenee. l»ut. l^ord (jiey could yet .-end his instructions to dismiss or to reinstate any oilieer holding ollice dur- ing plea-nri'; and the leariUMl nieniher knows right well that th of renewing (jucrftions of government" — the honorahle gentleman might I' .-!5!'l I 59G DEFENCE OP TUB CONSTITUTION. Iwivc adiled — I will do my utmost to get up .a partisnn debate iipon the Coiistilutioii. lUit does he ever expcet to prevent the discussion of (piestioiis of {government ? If so, he is much mistaken ; so Ioiil; as men are sent here, the representatives of constituencies in this I'l-ovinee, so long will he lind that (]uestions of government will he renewed, as in every popular Assi'mhly, day hy day. Ihit again Ave are told that " Onr Conslilulion having hecn establishe(l hy Imperial authority, it is proper that the Lieutenant Governor should be recognized as an Imperial func- tionai-y." Why, what in the name of common sense is he? The Queen's representative, nnist, to a large extent, he an Imperial function- ary, ehai'ged to ])rotect the prerogatives of the sovereign and the interests of the Em|>ire ; hut he is at the same time the Governor of this Colony, guarding the- interests, and advancing the welfare, of the jx'ople. Each of these honoral)le obligations is perfectly compatible with the other. But "he is to hold no relations to Colonial affairs, beyond the ceremo- nials of odlce." Will the lionorable gentleman favor us with the scheme by which he intends to carry out this bright idea. Suppose he were to walk up to the Lieutenant Governor, with his resolutions in his hand, and a large committee of this House at his back, and say, ''Please Your Excellency, the House of Assembly say you are an Imperial function- ary ; " the honorable member might wish to add an " imperious " func- tionary also. AVell, tlie Lieutenant Ciovernor Avould naturally enough reply, " I cannot help what the House of Assembly style me, there is not nuieh in a name — we need not dispute much about it." " Dut, please Your Excelh'ucy, there is something else, you are to be a mere nonen- tity — to be denuded of all power; to do naught but wear your cocked liat and swoi-d and attend to the ceremonials of oflice." Eancy the leai'ued gentleman in a position to use such language. He would soon be made aware of the fact, that the C^ueen's [)rerog!itive is a little too pow- erful to be i.dii'u away by such resolutions as this : " 1 am an Imperial funclionary.'' His Ivvcelleney might say; ''and you seek to divest rao of all tlie (^)iieen's prerogatives. Tlu; people judgi; first between you anil me, and then we shall se(^ if the sovereign's power here does not 2)ass for something." The learned member once accused us of attempt- ing "to wrest the prerogative " from a Lieutenant Governor, merely because we chose to retire from his Council, when we could not concur in his acts. He aims at direct usurpation, and would surely earn his reward. The next resolution goes on to say that, " to fix this character to the oflice, it is [iroper the Lieutenant Governor should be paid entirely by the Ini[)erial government." Suppose that resoluticui carried; does the honorable gentleman think that with his salary the Governor would DEFENCE OF THE CONSTITUTION. 507 alf^o suiTondcr llic iircro^ativcs of liis oflico? No, sir, (liry wouM be rctaiiu'd slill, ami hr used ([iiiic as iiidcpciKlc'iitly as thouLjli (he salary Avas paiil ciitircdy liy tlic I'l'oviiicc. lie. next asserts " lliat if (liid I'ruvinn^ sliall l»n r<'(|iiir('d to ('(iiiliilnilt! any sum towards the Govern- or's salary, i'JOOO would fully meet the just i)roiM>rtion " ; and the Avhole drift and sli-ain of ihi; honorahle ifeiitleman's arujnment was this: Lord (!rey h;is disL;i'aced and delia^ed himself; and for what ? liecanso he repudialeil ]Mr. I'^iirhanks' >'laim to I'dOO in perpi'tiiity, the salary lieini^ voted in an animal law ; heean^e he did not attempt to force this I'rovinee to ji;rant Sir lliipert (Ieorjj;e a retirin;^ allowance of //ill, last session by which Her IMajesty consented to give up the casiail and territorial revenues, upon the settlement of a civil list for the; life of the Queen. As a part of that ari'angcment, which was the best tliat could be made, tlie laeutenanl ( Jovernor's salary was fixed at £;jl)0(). The bonorablo gentleman would now ask this Legislature to re[)udiate thai contract; to do an act ten thousand times more flagrantly nnju^f, than any wdiich he charges upon the present govermneiil or upon Karl (irey. I now cf)me to the last preamble and resolution, which he aflh-ms that '"the ciaistruetion of the present Legislative Council is inconsistent with tlu! harmonious working of tla; present mode of govermnent." Sir, that assertion is not true, and I cannot vote for it. Since the introduction of the responsible system, no inconvenience has been found to result from the construction of that body. I challengci the honorable gentleman to ])ut his hand upon a bill destroyed by the Legislative Council of this Province, or upon one instance of collision between the two branches since 1811. The Legislative Council are not ([uite as powerless now, i\or would they be as jiowerful hereaftei', as he woidd wish us to believe. That body occu- pies the ])()sition which it was intendeil to occupy, and maintains a rigid surveillance over tla; ])roe(,'edings of this branch. Let the honorable gentleman show nu; the m(\isure from 1(). There is none now. The members of that body have given lis much valuablt! information and assistance', but no one; act of their's •warrants the honorabli; and learneed resolutions for redress of grievanees, including tlu; re- construction of that hody, we were obliged to rescind them, in order to save our road and bridge money for the country. Now, then, wo have got rid of that obstructive power, the efiects of which are recorded and can be read on eveiy page of our history. The fault Aviiich tho honorable member linds with the present body is, that it will not act as an obstructive and irritating power. Were the honorable gentleman to come in lo-mori*ow with a large majority at his back, no Council, how- ever intelligent or intluential, could or would imi)ede the action of his government : their good sense would teach them that opposition to the ^vishes of the country would l»e factious, and would be the ruin of the very principles they themselves had strenuously maintained. Sir, the constitution now in operation rests upon the '• fiat of no Colonial Secre- tary," but ujion the treasured experience of fifteen years of painful and laborious discipline, it is based u})on a great principle, upon the reso- lutions and addresses of Canada, New Brunswick and Nova Scotia, and I could point him to a volume of tliem, showing that while the British Colonies have won for themselves a Constitution equal in expansibility and strength to that which exists in the mother country, they have Avon it by the same means. Oiu- sovereign did not coul'er it upon us un- sought ; but, bless Her ^lajesty, ibr not refusing it when tlu', almost united voice of this people craved it at her hands ! We owe it to no Colonial Secretary ; we wresteil il, step l)y step, against the prejudices and apprehensions of various Secretaries from 1837 to 18 17. It was the vigor and intelligence of the British Colonists, steadfastly aiming at high objects, that won this victory, and the honorable and learni'(l member for Annapolis will liiid that they knew what they were about ; it was no misshapen bantling they nurtured ; and, having brouglit it into the Avorld, given it life and living, and marking its thriving condition, they will be prei)ared to watch narrowly, and steadfastly oppose, each change that may mar its vigor and ex[iausion. This system, at lirst oi)posed by all parties in England, has since been recognized by all. When Sir Charles Bagot came out as Governor of I DEFENCE OE THE CONSTITUTION. 509 Canada to suoochmI Lord l^mliain. tlicrc -wns not a Tory \vlio did not cxnil licc;iii-r 111' l)('lon;zi'd to tlic old (•(mscrviitivc sdiool. l>iit Sir Cliarlt'scaMH' out, and with a I'rankncss, impartiality, and ninnliin's-;, wliiidi was crcdilal)!!' aliki' to liinit!iincd l)v tlu; Colonial minister in his place in Parliament. IS'ow sir, what dan^rer need wo apprehend from this fiat, of which tho lionoralih' and learned inenilier scorns so dreadfnlly afraiaper in his pocket, the property of the liriiish i)eople, and coneetded it for months, allowing a general election to take place without making it public, lu; would not only havr; lost his place but have been looked upon as a statesman unworthy the confidence of any party. That was done by the honoral)le gentleman himself in Nova Scotia, even while he admitted tln^ principles of responsible gov- ernment. AVe charged him with the connnission of the act, and made liim pay the penalty as far as we could. The honorable and learned gentleman might take into consideration the dilliculties which surrounded him in his public career and make allowances for others. As far as I have marked the public conduct of JOarl Grey, I may say in all sin- cerity, that as a British minister he has entitled himself to the thanks of this people. Ihit, sir, Earl Grey is the descendant of a house which the honorable member for Annajjolis does not like ; he belongs to a family Avhich the Colonial Tories have always haled. Lord Grey's father was the father of the reform bill ; his relative, Lord Durham, was the author of that celebrat(!d report which destroyed the Colonial system; Ilis Lordship himself has used every exi'rtion to confer upon this people I'csponsible government, and therefore we are at no loss to traee the origin of those bitter feelings which now and again show themselves in the learned gentleman's speeches and resolutions. We have been told that Lord Grey has repudiated just and legal contracts ; sir, I deny it — / (h'ni/ it. I call upon the honorable gentleman to point me to the law ■which Earl Grey has violated. Did he violate any law when he sanc- tioned the Department Bill ? None. If blame attaches any where, it is to this Legislature. L^id he violate any law by not paying the arrears ? None. These demands wei-e charged upon the Colony by the i)arlies themselves, not only without law, but in defiance of a law passed in ^ut again he says, " Why did not Lord drey pay the arrears?" I answer, simply becaust; he had not the ])ower; he eouKl not pay them without the consent of this Assembly, and they would not consent. Hut if the honorable gentleman deemed these arrears justly chargeable ui)on the Province, I ask him why it was that, while leader ol" the govern- ment, with a majority at his back, and that overflowing treasury, of which he vaunts so much, at his conmiand, he did not j)ay them himself? T will solve the problem, sir. It was because he couM not, t. do so; because he could not get a majorit}', even of conservative-;, to aid him. Then, sir, what in the height of his power the lionoral)l(i gentle- man himself neither could nor dare do, he stands up here and reviles Earl Grey for refusing to perform. The honorable gentleman I'efei'red to the indemnification of the rebel losses. .Sir, we have business of our own to attend to. As a public man, I might approve or disapprove of that bill ; I am here to express no opinion upon it. That bill, howx'ver, ai)propriated the money of Canada by a deliberate act of the Canadian Legislature ; it may be that the power confided to the people is not al- ways wisely used ; but is it right, that upon every misapplication of funds a rebellion should be got up? Whether in that case the legisla- tors of Canada were, right or wrong, the constitutional judges, the only DEFKNCE OF THE CONSTITUTION. no3 tril>im;il to wlildi ihoy arc nspoii- ililc, arc the people. Sir. is it not non- sensical Id iiije llial liie Ciilouial oHice, overwlieliiied liy a pfe<-' of Im-ti- ncss, called upon to alli'inl lo the more w<'i;_'lity all'airs of the Colonial governmeiits owlii;: alh'Lriaiiee to the erown of Knj^laml. should l»e dhliijed to pass npon the dismissal of every drimkeii or incompetent mairistratc, u[»on every (|n(^stiiiii of sahiry or a|>pointinent to olUce 'f Why. sir, the. passage ol' tlie. relin-m hill saciiliced recorders, town clerks, and other odicors, with salaries superior to that which IMr. I-'airhanks received, hy Inniilrods. I5nt then the lionorahle gentleman argues that, liecanse Par- liament did n(»t interfere, their power is gone. I differ with him. Let liim once attempt to foist u\>()n this connlry the doctrines inculcated in the latter part of his speech, and he will soon hecome awai f the grievous error into wdiicli he has falh-n. Sir, I can admire the manliness, even though T deplore the error, of one Avho comes holdly forward the advocate of certain principles ; but lie who covertly attempts what he dare not openly avow, occupies a place much lower in my estimation. But the honorable gentleman has dealt in an equally unfair manner with tlie government and with ths^ Lieutenant (Governor as with Karl Grey. His Excellency's sins are threefold, said he — Mr. Fairbanks, Sir Ru- pert George, and th(? judges' salaries. Sir, when, years ago, I first en- tered this Legislature, the Lieutenant Governor was, to all intents and pui'poses, a despot ; l)ut ho is now a constitutional oflieer. The change which lias been going on is the change from James to William ; from the state of Uritish government before the I'evolution of 108S, with all its despotic and lyrainiic accompaniments, to that after 1G8S, which gave extended civil and religious liberty to the British people. Let me first refer to the case of Sir IJupert George. How did he stand when the present Lieutenant Governor came lo the Colony ? His irresponsible station had been canvassed over th Coiiiicil-. ;ui(! 'iin' which hi' iliciuiil iiiirair. Now, sir, how ha-i the I.iciiicnimt (tovoriior dcsiTvcd the tmmt-^ wliich till* hoiioi'Mhli' Mini li'Mi'iicd ^I'Mllcrnau \n\^ shownnl upon him touciiiii^ tho case of iMr. Kaiihauks? What man in his sonscs will lihnnc \\w head <•!' ihi' frovi'i'iMm-iit lipi* ihc po'^ilioii in whicii that fjrnlli'nian >land>«? For niyscil', po man wonM iro I'urllicr to rcstoi-c that olliccr to the public HC'i'vicf, iha'i 1 ; hul, sir, I mu>t deal with this cnsi! .is it has Iummi i)ro- sentt'd. lie was appoiiifcMl umlcr the late administration. Every liill- top in the country runj; with the cla^h of opinions which took place upon that a|)p(iiMlnient. "When Sir .lohii Harvey came here, he (-((uld not still the clamor which hail Iteen rai-^ed, nor ealuj the ieelin>rs which had been excited; and the Iionoi'alile gentleman well knows, that the present ad- ministration were pleili_'eil to the country to remove that ollicer upon their nccossion to power, because of the position he occupied, and not because \h\ was personally obnoxious. Sir, had he been my own brother, and had it been necessary, in vindication of the con-litutional principles for wliicli we contendiMl, to have hanired him, I should have submilteil to the pain- ful necessity. Sir, if we had conceded this principle touchini; the treas- ury, wdiat could have prevented it from beinj? made applicable to the of- fices of Attorney and Solicitor (leneral? "What restraininj^ influence woidd there have been to ])revent another Colonial Secretary from jiledj;;- inji; any of our oirices for life to individuals he desired to favor? The honorable gentleman has told us of the fair nymph, the olfspring of Thompson's creative fancy, yielding herself a willing sacrilice to love's delicious charms, and he com|)ared the Lieutenant (lovernor to her, — allowing himself to be led by the advice of his Council to sanction his own salary, whilst he refused to others tlieir arrears and jx'iHions. Sir, the man or the woman may be pardoned who sins against ]iropriety in the heat of passion ; but there is no pardon, no excuse, for him who sits down calmly and deliberately to ])lan the destruction of a jx-ople's liber- ties ; the violation of a Constitution won by the perseverance, and dedi- cated to the protection, of his country. l>iit what did the Lieutenant Governor do in either case, to warrant tho poetic license? Did he hand Mr. FairbaidvS over to his Council, bound hand and iijot? Did he con- sent to remove him from his office at once? No, sir! though that de- mand was made in February 18-l!-*, His Excellency refused to yield. The question was referred to the Legislature, and debated out faii'ly and fully, and the Departmental Bill passed. Did he sanction that bill with- out a suspending clause? No! He sent it to England with all the ar- guments iov and against it. It was returned, and was again submitted to 51* I i ^H ft 606 DEFENCE OF THE CONSTITUTION. , hi ihis Tlfiii'^o willi Earl Grey's favorablo nrgiiment frooly comiriiinicatocl. A second time it was pussed by the Lojiislatiirt'. and liiially received the ' sanction ot' the (^uofMi in Conncil. What more conld llie Lieutenant Governor do? Nothing. lie gave IMr. Fairljanks ('very liiir chance of testing tlie feelings of the coinUiy npon his case, and snlunitling it to liis sovereign ; Imt when his removal became absohitel}'' necessary. Sir John obeye(l his instructions, and yielded to the necessities of liis position. I come now (o tlie matter of the judges' salaries. According to the hon- orable gentleman, the Governor was to blame for not stipulating that every farihiiig should be i)aid to those olFicers. Sir, I do not believe that the Governor would have withheld .1 single pound of the arrears had he been allowed to consult his own inclinations. But th(> judges had been mixed up with the conflict of parties, their salaries hud been fixeij and settled over and over again. I was called on for my opinion ; I gave it, and I still believe that the judges of tlie supreme court have no claim to higher salaries than the heads of the departments. The honorable gentleman knows right well that there were others to be consulted, be-ide the Governor; he, I am sure, showed no want of gen- erosity and thought fulness in the course which he pursued. This House was the tribunal to pass npon these questions, and it was hardly to be supposed tiiat when, fresh from the people, it had adjusted these salaries, the Lieutenant Governor would take the responsil)ility of interfering with its delil)erale action. The commission of tlie peace also furnished the honorable member with the opportunity for another display of his vituperative powers. Upon the accession of the present parly to office, it was felt to be al)solutely necessary that a new commission should be issued, in oi'der tliat the old one might be purged of lho. From both mis- sions Would he retnr' equally instructed. But. sir, I really thought the honorable and learned gentleman would get through one speech without DEFENCE OF THE CONSTITUTION. GOT referring to lliat old pamphlet of mine. I had onee an nnelc who was very fo''d of lludihrus; he read it at all hours of the day ; in faet, I believe 'le prayed in lludil)ra»tie verse. So with the; hoiiurable gentle- man and my old ])aniphlet. Hearing him rei'er to it .e who understood it, and who were responsible. Ilis l■)0!^ition would llien be analagous to that of the sovereign. He could do no wrong in any matter of whieh the Colonial Legislature had the right to judge, but would be accountable to the crown, if he betrayed the Imperial interests committed to his care." In contrast with the old permanent and irresponsible Council, the com])osition and elliciency of a Cabinet is thus set forth : — " T/ic Exccullre Council. — Now, fur tiiis body, I pro[)ose to substitute one sustained by at least a majority of the electors ; whose general prin- ciples arc known and approved ; whom the Governor may dismiss, wlujncver they exceed their powers, and who may be discharged by the peoi)le whenever they abuse them. "Who, insteatl of laying the blame, •when attacked, upon the Governor, or the Secretary of State, shall be bound, as in I^ngland, to stand uj) and defend, against all comers, every appointment made, and every act done, under their administration. One of the first results of this change, would be to infuse into every depart- ment of administration, a sense of accountability, which now is nowhere found ; to give a vigorous action to every vein and artery now exhibiting torpidity and langour ; and to itlaee around the Governor, and at the head of every de[)artment of j)ublic affairs, the ablest men the Colony could furnish : men of energy and talent, instead of the brainless sumphs, to Avhom the task of counselling the Governor, or administering the affairs of an extensive department, is often committed under the present system. In J^ngland, whether AVhigs, Tories, or Radicals, are in, the Queen is suri'ounded, and the public di^parlments managed, by some of the ablest men the kingdom can produce. But suppose a mere ollicial faction could I'xclude all these great parties from power, how long would the government i)ossess the advantage of su[)erior abilities to guide it? Would it not at once fall far below the intellectual range which it now invariably maintains ? " I 'X I Mi CIO DEFENCE or THE CONSTITUTION. hi; I iiiiglit go on, sir, rciiding tlio wliolc of this ijumplilct, and show con- clusively that lh(? system of govennnent asked jin- in ISIJO, is pi'aelieally the same as that now in operation ; and I am nuieh mistaken ii' the lion- orable genth-nuui docs not soon find that lie will not he able easily to overturn it. Oh ! l)ut, pays the honorable gentleman, no government is so strong that they may not be crippled or obstructed by some new Governor, Avhom the honorable gentleman thinks is about to be sent out here. [ am happy to say, sir, that, up to this moment, not the slightest intimation has been conveyed to the venerable head of this government that his recall is contemplated ; and I believe that he is as unlikely to be removed as any Governor administering the allairs of any of Her IMajesty's Culonial dependencies. But where is the learned gentleman's consisleney when he says, the present form of government gives too little power to the ])resent ollicer ? But it may confer too much on the one succeeding him. Does the honorable gentleman not see that, his argu- ment is inconsistent with itself? that one portion runs athwart and destroys the foundation of the other ? But suppose this new Governor were to arrive lu're, and full of his newly ac(piired power, attem])ted to force ii[)on this people principles which they disliked, what would be the result? Can any man doubt it? The CWstitution gives us the right to retire and let the Gov^ernor call in whom he pleases to assist him in the conduct of aflairs. But, says the learned member, — and I smiled when I heard the expression, — a Council may not have the virtue to retire. What, sir, the honorable and learned gentleman's views must have changed indeed. There was a time when retiring from the govern- ment, was denounced as an attempt to " wrest the p'-erogative from the Queen's representative ; " a vile act, — a thing to .le scouted and ab- horred by every honest subject of the realm. I have not the least doubt but the honorable gentleman would now consider it an act of the most exalted virtue, were my honorable and learned friend the Attorney General to attend the Governor and say: " Please Your Excellency, — Your })resent advisers leave their offices and their positions at your disposal, and would be much obliged were you to call upon, some other gentlemen not possessing the confidence of the country to advise you upon public matters." But, sir, Ave also have become wiser since 1843; and as we do not wish to lay ourselves open to the sarcasms of the hon- orable gentleman, we intend to have the virtue to hold our places, so long as the people have confidence in our discretion. "\Ye abjure the virtue of resignation until the honorable gentleman comes in with his majority. I was very much amused at another remark, made by the honorable and learned gentleman. Another may come here, he says, DEFENCE OP THE CONSTITUTION. Gil I show coii- pnu'tu-iiUy il' ilic lion- blc easily to vornnu'iit is yr some now be sent out llio slijrhti-'st covcvnmi'nt s unlikely to :uiy of Her [ gentlomun's r'lvesi too little li on the ono hut liis argu- atUwart and ,cw Governor attempted to would be the us the right , assist him in -and I smiled the virtue to s views must m the govern- \tive iVom the outed and ab- le least doubt ■t of the most the Attorney ':xcellency, — itions at your on some other (o advise you r since iS'lo ; us of the hon- our places, so ^Ve abjure the Ics in with his made by the here, he says, I and then seerel inlluences may lie broufrht to bear. Sir, from the time of my retirement from Lord Falkland's Council, in December, 18113, up to the period of his i-ecall, I never once attempted, in the .-liLihtest de- gree, to interfere with or influence Jiis administration. On only one occasion, when a jiersonal sacrifice Avas designed to save him, did I send him even a mcssag'". When the i)re8ent Governor came to this country, I was residing out of town, and never once did I attempt to exereis(> any imdue or inipi'opcr influence! upon his mind, and only saw Ilis Excellency when invited by nij' friends to taki' ])art in negotiations, o|)rned, as I believeil then and believe now, with the, full concurrence of the existing administration. Now, sir, a Avord or two touching the Legislative Council. The hon- orable gentleman wishes a change in the Constitution of that body; and why? r)ec;uis(; he says tlii'y will not work harmoniously, ami will obstruct the public busin(>ss. Sir, there is no foiuulalion for such an assertion. 1 a gentleman to look at the men at present forming that Council ; -uul if he can prove to me that those twenty-two gentlemen liav<> not as much general intellig(MU'e, speaking talent, wealth, and respectability, as any twenty-two in this body chosen by the people, then I may be induced to vote fi)r the honorable gentleman's resolution. Sir, it was made matter of charge against the honorable gentlemen that when ho was cramming that branch he did not take the very best men even of his own jiarty ; but as a body it will now contrast favorably with any second branch of which I have any knowledge. J say, sir, that at the present time it is superior to what it ever has been in the history of this Province. I>iit, says ho, we want mon; gentlemen fi'om the coiuitry. Strange, that when that branch consisted of but twelve, and every man of them lived in town, the party of Aviiich the learned gentleman is lli(> head and front, resisted all change or modificaiion. Now, ten or twelve members represent the rural districts, and more would come; if they were ])aid. As to subserviency, I think both he and 1 are a little end»arrass(Ml with the spirit of independence they showed us the other day. "When the)'- threw out a bill, tht; result of many years of discussion, and a compromise of tin; oi)inions of this House, it was a i)retty significant hint of the power they possess and the determination to exercise it ; and whether I approve of the act or not, I cit(! the tiict to show the Legislative independence of this second branch. That they exercise" their jiower wisely and discreetly on most occasions, is evident from the fact that this is the only measure of any importance that they have rejected in seven years. But, says the honorable gentle- man, in 1837 the Attorney General, the Provincial secretary Avcre in CI 2 DKFENCK OF TlfE CONSTlTrTlON. favor (if elective eoiiiieils. Wli}-, -ir, in IS,".(". |S"7. ami ISMS, the I'reiicli ('aiiadi.'iiis, led li\- a"\Ir. I'apineaii, advocatecl llie elective eoimoil ; llie T'|)|ier Caiiailiaiis. led liy Iiolierl Baldwin, were seeking,' a respoiisi- 1)U' Kxeeiitive Coimcil. In lalivc Council, or such a elianui' as wonld niak(.' the l"'xecntive responsihle to the jjcople. Stihseiiuently the ])eo|ile ol" New Urunswick made the same demand, and the mother conntry consented to jrive us all res|)()nsi- Me jioveniment, AVith lliat we Avere satisfied; we did not recpfuH! holh a responsihle Kxeeiitive and an elective second hranch. I hold the one to he incomjialihle with the oilier. AVe asked for either of these ; Ave p;()t the one wt\ prelerred. 'J'hat ("onstitiitioii is now the projuM'ty of the pcoph', and 1 much misunderstand their s|tirit and ileterminalion, and the rate at which they value it, ii" they allow the honorahle nieinher for Annapolis to tamper Avith it for the mere purpose of raisin;^ political capital ; at least until it has had a fair trial and been proved in(>ni- cicnt. Let me now say a word or lAVOAvith reference to the ])ersonal allusions made by the honorahle and learned Lreiilleman to llie Keceiver (Jeneral. I think those observations iniirht have been spared; personalities should never be aimed by a member of this Assembly at one of the other branch. He spoke of viol.ated friendships ; of taking the oHiee of a friend; and covertly insinual( ,1 that the Honorable Receiver C!en(>ral Avas still entra^ed in connnercial afliiii's. Sir, Aviien the honorable jreu- tlcman spoke of A'iolafed friendships, lie should have r<'meinbered that when my honorable friend, iMr. IMcNab, the Attorney (Jeneral, and myself retired from the Council in ISIH, the llrst man to lead up a jiuhlie meeting to denounce us as disloyal and selll>h men,Avas]Mr. Fair- banks, the late tn>asurer's brother, I\Ir. IMcNab's partner for twenty years. Sir, Avas not that sufficient to sever the tie of friendship at onec and forever. As for the remark louehing the voyage to California, I know nothing of it. Ihit this I do know, that liowever dilficult it may be for a merchant; em^atred in extensive business to Avilhdraw suddenly Ills Avhole capital, the Honorable IJeeeiver Ceiieral lias retired from business in good I'aith, and is honorably fulfilling the obligations he has assumed to his colleagues and the country. Sii', T might answer the honorable gentleman in his own style, and give him a taste of personali- ties. I might refer him to a pretty notorious rumor, — one not invented by me, — and ask him if lie rememljers that celebrated fete given on a very celebrated occasion, the solenmization of a certain marriage, Avhen the Aainglorious boast Avas made, that, by the consummation of that PKFKNCE OF TllK CONSTITUTION. C13 „1 18;'.S, the live coiiiicil ; ,. I,c|)()iisil)l(' to s \\\\ rcsponi^i- t itMHiirt! 1h)IU 1 hold the tmc these ; wo got ropcrty of the iiati»ions ct'ivcr (Icnei'iil. tonalities should „« of the other 10 olVu'c of fv cciver (leiieral honorahle jxeu- •meinheroil that (W'lieral, and n to lead up a „,wa>:Mr. Fair- •tner for twenty „,,Hl>hip at onee to California, I y ditVieult it may thdraw puddonly ;is retired from ,li;iation< he has iljrht answer the le of persoiiaVi ■ lone not invented f(.'te given on a marriage, when mniation of that tinion, the two families of .Johnston and I''aii-lianks eoiild lule llie conn- try. I care not to ajiproaeli more clo-eiy ; llie lionoralile iiuiiiher under- stands me. The lionorahle and learned gentl(Mnan also referred to ilic pi'c^idciit of the Legislative Conneil in no very measured (erms. AVIiy, -aid hi', the president of the; Conneil claimed a pi'ivilegi; which had never hecii used for eighty years. The lionorahle geiitleinan u\u-l he aware that for very nearly the whole of that period the Legislative Conneil wcic n nice lilth^ famil}- party; casting votes were not rcMjuired, as it was selilom, if ever, that a division took place ; all llieir acts were cliaraclerized hy a most dclighllhliy hai'monions nnanimit}'. lUil hecan^e the old jiroidenlH either knew not that they possesseIioidd re- lin(iuish .'I i)rivilege ap|)erlainiug to his ollice ; he would not have fnllilled his duly to that liody had he failed to exercise his right on an appro))ri- ate occasion. lint 'y^ tl le lionorahle "cntlem'ii, we saw a most Jra- ordinary sight ; a gentleman coniing from the country with the prelix of lionorahle lo his name, and wandering hetween the two hranches without a resting place in cillicr. Why, sir, there are numhers of good looking men who came up to the city, from time to time, hoth liherals and con- servatives, to hear the wise sayings of us Legislators; and it is hut nat- ural that the mcjinent one leaves home, his neighhors, looking ujion the squire as the wisest, as ^vell as hist man in the world, should conjecture all sorts of things touching his journey to the capital, and address liim hy all sorts of tides. It may have heen thus with my worthy fi'iend ]Mr. jMcKeeii. It uiay have heen that, having hcen invited to come, the tlier was sworn in his iilace, to pre- '}' p snows (lelayei mm till ano vent the friends of the learned memher for Annapolis from destroying the Civil List and Departmental IJills. I>uL there has heen no great harm done, t'xccpt to the disajipoiuled jilotters, who thought to take ad- vantage of tlie snow hanks. While talking of them I am reminded of that heanliful description of the lost man (loundering in the snow, hy Tliom]>son, which I may give the li'arneil leader of tlu^ opposition in return for his violated virgin. The sulject is colder, hut the comparison quite as ac( urate; for the learned memlier never out ill search of grievances or of responsihle government, hut he goes lloundering on, get- ting deeper and turtlier from the track at every step. Oh ! hut, says he, Mr. JMcNah hy his single vote ejected his fri(;nd from office, and took the office himself. I ask the lionorahle, and learned gentleman if he did not, for a whole season, retain his place as leader of the govern- ment and his ollice of Attorney General hy liis own vole ? And I * G14 DEFE^'CE OF THE CONSTITUTION. I -v wmh 4^: tlcmatnl again, did not the late Solicitor Ofnorul and ^Ir. DcAvolfo also obtain and keep tlioii- oirices l)y tlwir .'■inglo votes? Surely then '•? the single act ot' wliicli he comijlains he wrong, it was a greater violaiion of principle for three of thorn to keep their ollice.s upon the single votes of the several incumbents. But, sii", I tell the honorable gentleman that Mv. Fairbanks' office was not coveted by my honorable friend, and at one time, after the contest of principle was over, it was gravely balanced whether or not he should be retained in his situation ; and had this House and country not had to pass upon that act afterwards, I firmly believe he would never have been removed. Now, sir, the honorable gentleman referred to the construction of the Legislative Council. Oh, said he, only think, twelve of the present Council reside in Halifax ; but be forgot to tell us that in the good old times every man of them were residents in the township of Halifax. l>ut, then, he says, what would we do v ere a change in parties to take place ? The honorable gentleman loves to dwell upon that possibility, and sometimes he dimly shadows forth his anticipations of soon emerging from the cold shades of opposition, and basking again in the sunlight of power. ]}iit l(;t me say to him, " Sutlicient for the day is the evil thereof," if it should so hap- pen that the honorable gentleman comes back with a majority, 1 think he will have profited by his reverses, and his bearing will probably prove that he has become a little wiser; more thoughtful and consid- erate than he was before. 15ut then he is awfully afraid of the jjrcsent Legislative Council, and asks how he is to get over the difficulty if they obstruct him ? I will answer the honorable and learned gentleman, the influences incident to his public j)osition will aid him, and then if he brings forward such measures as the Council approve he Af ill be sure to succeed. One thing I know, sir, that the Council will never offer use- less obstructions to a good measure. But, sir, let me tell the honorable gentleman that, were he to come back with his majority, he might just as Avell attempt to stick a dog's tail on a lion's back, as engraft an elective Legislative Council on responsible government. But his aim is apparent ; he would be glad to throw the public aflfairs of this Province into confusion, so that he might embarrp='s the present government. It is the duty of every Nova Sco- fian, looking to the i)rosperity and happiness of his country, to refuse his sanction to these resolutions; at all events, until the people have been consulted. Upon our differences, we can go before our constituen- cies with him as we did before, and then if he can manage to obtain a majority, why let him triumph. The honorable and learned gentleman Las, however, forgotten to inform us how this machinery is to work ; he iKU PEFKNCE OF THE CONSTITUTION. G15 Dcwolfo al^o ly then if llie r violiuion of Inglt! votos of iMltU'llKUl tluit frieiKl, iiml at .vt'ly balanced and had this vawh, I firmly the honorable Council. Oh, c in Halifax ; f man of them he says, what rhe honorable Limes he dimly ! cold shades of lliit let mc say should so hap- lajoi-ity, I think f will probably fid and consid- 1 of the i)rescnt lifficulty if they rrcntleman, the and then if he \f ill be sure to Lever offer use- iTcrc he to come o stick a dog's live Council on Ivould be glad to :o that he might [very Nova Sco- )untry, to refuse he people have our constituen- i"-c to obtain a ^rned gentleman is to work ; he lias not (old us who an> to be (he constituency, or what is to be the franchisee. I believe ho does say, that every two or three years a section of this body arc to wheel to the right and walk out ; l)ut any practical common-sense man would recpiin', before voting upon this question, that it should be explaiiieil, and put befbrc (he country in such a shape that the people might understand what the honorable member really docs mean. Again, (he lionorable gcndcman says that something must be done to stave off annexation, because measures passed by the majority of this House supporting the government may be rejected by (he upper branch. And (hen he talked of tht; dilliculty we had in filling up the Solici(or Generalship. The honorable gentleman forgets that, during his own administration, he took six months to make a Solicitor General, while wc would certainly not take half that time to make a whole beuch of judges, and a tremendous lot of road commissioners and magistrates into the bargain. But, oh ! if I were to follow the honorable and learned gentleman, in the dispensation of patronage, throughout liis official career, and entertain the House with all the acts of petty oppression of which he has been guilty, I might detain them half the night. He said something of (he Baronet whom I had deprived of his office. Sir, my coundy paid that Baronet from one to two thousand pounds per annum for years, to aid the learned gentleman opposite in misgoveriiiiig this country. Small blame to the liberals, then, if they did put him out ? " Tlic rank is but the guinea's stamp ; A man's a man for a' that." The honorable gentleman told us that our allegiance to the mother land was weakened ; that our veneration for existing institutions had de- parted. Sir, I am sorry that a man occupying his position, with his ac- knowledged talents, his means of usefulness, and power for mischief, has not taken that stand in this debate which he ought to have taken. I do not believe that the loyal feelings of this people arc weakened, or that the respect for the sovereign has decreased ; but I admit that the people of this country have passed through an ordeal which has tried their feel- ings, though not sapped their loyalty. He attempted to make us believe that the revenue had, during his administration, greatly increased by some management of his own, and from that drew the conclusion that we were chargeable with a falling ofT. I thought his friend Mr. Fraser Lad dissipated that illusion for him last year. The story of the destruc- tion of our industrial resources has been allowed to go uncontradicted long enough, and much political capital has been made out of it by the honorable gentleman and his friends. I take this ground boldly, that the M''-tf GIG DEFENCE OF THE CONSTITUTION. i. J' M:'' l|i. '.'.Jj m t If I " f FffP' ^ri Ml 'f f • ^ *r8t 1 Imi- W "' *m''4 iS^^ J:i DKiM who snys (lint Xova Scotia coiid'aKis iiiilUvoral)!}' willi .-iirnniiKlin;; states iifrii'ins tliat wliicli is a lilid on oiir coiiiilry. ]\Iaiiy of the iwigli- borii)<^ states were settled, ami had lar^e and (loiirishliij^ populations, Ite- foro Nova Seotia was peopleil liy any except the. Acadian velllers on tla; marshes of the "\Ve>t. Halifax was founded in 171I>. There were then no inhabitants in the I'rovince except tlu! Indians in the forest, and the French on our prairies. WIkmi Cornwallis sailed up Halifax harbor what greeted his eyes? ITnbrt)ken foliagre were wiiole columns of bankruptcies, of liouses of the highest character, and some of whicli had stood for centuries. Tiiis was the cause of our depression, with the successive failure of our crops, and it is unfair for the bono "vble and learned gentleman to attribute to any administration th<', visitations of Providence. I might say with great justice, that if our treasury is low, we have cured the potato rot, which he left behind him. All the money which he ever had in (ho treasury would not compensate for the destruction of our potatoes by (hat miserable disease which he introduced. However, we have cured them at last, and would have done so long ago, but that the late admin- istration left tliem so rotten tiiat it took us two years at least. Now, sir, let me show the honorable and learned gentleman the effect the loss of our potato crop must have liad upon this country. [Tiie Hon. Pro- vlncial secretary liere went into a calculation to show that, taking the census as a guide, and Colchester as a medium county, the actual money value of wheat and potatoes lost in the four years previous to 1819, could not be less than i:i,2(i8,000.] The food of our people thus stricken off, the loss fell upon our indus- trial classes. The abh; farmers, instead of having wheat and potatoes to sell, of tlieir own raising, were obliged to buy the productions of a foreign country to snpitort life' ; the poonn* farmers, unable to pay debts, i*e- quired more credit from the trader, and he again from the merchant, who, failing to receive returns, was compelled to curtail his business. Circulation was thus drained off, and few dutiable articles were con- sumed, because all the spare cash went to buy bread which paid no duty. Yet we are blamed because the revenue fell off. It did fall ofT, sir, be- cause at that distressing period, when our hardy population were borne down by the calamity I have spoken of, we would not consent to tax the bread recpiired by our farmers and laboring classes to support life. Had we done so, sir, we might have had our £10,000 or £12,000 in the chest, 52* G18 DEFENCE OF THE CONSTITUTION. r.' I but it would liiivc been wrung from the pcopli- at n period of want and depression. Other eilies liavc llieir perioil.s of depression as well as Halifax ; ollirr countries (heir trials as well as Nova Seolia. J-,<'t the learned yenlleman turn to Hunt's Magazine, and he will sec that there arc scarcely a dozen eminent merchants in JJoston who have not failed in the course of their lives ; luid if he will midic the contrast fairly, ho will find that for every emigrant (hat has left Nova Scotia within the last four years, ten have left the seaboard States of (he Union. Tliey have gone, lilvc our own peojile, south, west, everywhere, led by the spirit of speculation and adventure, but nobody imagines that ruin and misfortune arc to be the porlions of those who are left behind. The learned gentle- man lem[its me strangel^y to review his own administration, and to a], ply to him (he soubrir<'Sfii(s (on*, n^ wo gaze l)ack at it, liarilly a nMlcfiuiiig fratiirc. liiil, »ir, wiiaf Iiavc \v«' doiKi? "NVc liavr pa'Sfil ihc Civil I.i>t ari'l Dcpailiuiiital liiil-, hy wliirh (nics- tions that had ajjitaldl th<.' ooiiiitry for yrars arc ili-iid-nl of. Wr havn hall" t'(iii~(ili(lati'ii llic hiws of the I'roN iiici- ; I istaiic(! they Imvo rciidiMTd us in this maiti r. We sou bclbro us iIk' (dt<'tric Irlcgraph stn'Icliliig aiTo~s our counli'v — a nioiiu- moiit of ('iitcrpriM' which will irniaiii uIh'M tli^ prr-ciit admiiii-lfation havo failed away. We have passed a SherilV's Uill, and gi\('ii to the country a new eoinniission of tho peai'e, which, whatever may he saiil of it hy honorable gentletnen on the other .-ide, has given satisfaction to the country generally. Mr. INLushan. No! Hon. I'l'ovineial Secretary. I»nt T tell the honoraI)le geiiih man it has. In what light lie may view it I know not, luit it Ii.h largely I'e- tluced litigation, and been generally acceptable to the people. I will not detain this connnitlee longer; it is enough that our acts conli-a-t favora- bly with th<' barren figments i-e-idling from the administration of the honorable and learned member I'or Amiapoli,-. Sir, I !io!d in niy hand the tariif of 1811 and that of ISl'.t, and tin' alxjliiion of many grii'vous burdens under which the people groaned is pa!pal)!e ami plain. Ibit let the honorable gentleman turn back to the good old days prior to re.-pon- sihle government ; let him mark tin; sums then jrlveii Wn- oiir road and bridge service : — In is.'ifi cio.rno " is;t7 i(i,;!()o " l!<;i8 1 l,:j'j() " 1839 1C.,>S(I0 X4'.»,240 In 18 10 I happened t-o get into the admini.-trallon, in which I .-laid until the honorable gc'nlleman made it too hoi to holil me, and I came out at the close of LSI;]. Contrast my four years with tin; four years previous : — In 1840 C4 4,000 '.' 1841 24,000 " 1842 ;5;i,0()0 " 1 843 1 0,000 Xi 17,000 Oi" an increase of £G8,000 of road money over an previous Iniii- years, liiil Ie( iis lodk al llie sums voled diiriiiir fdiir years in wliieii tlie Iimioraltle i,'eiillemaii liad tlie wliole and sole coiilrol (it'llie r(!veiuies, and ol' wliieii he liraijs so niiicli : — Til istt c 1(1,(1(10 " 1^45 li.^.OdO " I SIC) ;;(),(i(i(i " IS 17 .'lo.doo X'.)5,()(I0 Or .i""JL',Oi*<) less lliaii my previous four years. Now let us see wliat we have done luider (he present udministrution. AV'e assumed olliee iu IS IS, in whiidi \\c gave — 111 1 S-4S C20,000 " iii'.i 2;t,()(i() " is:)0 'jt.ooo X'CI, (!('(» For (lie past tiiree years; and this at ;i lime when the coimtry has Ix'eii laI)oriiii; umh'r the depression conseciuent upon the I'aihire ot" the crops ol' wiiich I iiave previously spoken. 'The country is just emerijinjjj I'roni this depressed condition, and assumiuir, as \\v. reasonably may, that we shall be enabled to ijive, I'rom our increased prosperity Ibr th(! comin;^ year. .£;J0,()00, we shall e(|ual if we do not exceed the amount granted by the honorable member during his lour jirosperous years. ]n this con- trast, sir, there is nothing of which we need be ashamed; ;ind they are, not the friends of this country who seek to make our ])(>()])lc discontented with their jiosiiion and prospects. Sir, I have travelled much over the face of Nova Scotia, over the adjoining republic, and in the old world, and 1 have arrived at this conclusion that, of all the lands 1 have ever seen, Nova Scotia oilers to the poor man the most favorable Held for the exer- cise of his industry. What do Ave see in every town and county of our Province? Scotch, Irish, and English emigrants — men i'rom every country coming here, with industry, intelligence, and economical habits, worth nothing when they came, but by the exercise of these virtues gradually acipiiring respectable competencies, il' not amjile fortunes. Let me say, then, that a country into which a man may come poor, and where in a iew years he becomes independent — a country possessing abinidance of the richest ui)land, with marsh land inferior to none in the world ; with its healthy climate, and o[)en harbors, aflTording the greatest facilities for commercial operations; with free institutions, gained after years of alMlM mtmmmi DFFEXCE OF TlIF CONSTnCTION-. 021 IniinistriUion. miry li:i^ l^'f''^ •(■ of tin- cnips I'lncr.t^itit!; iVoiii ' in:iy, dial wo "or the comiii-? mount {^rantotl !. Ill this con- ; and they iiro )lo (liscontonti'd much over the } olil woiUl, and lave ever seen, d lor the cxcr- l eounty of our ion I'roin every momieal habits, r tiiese virtues fortunes. Let )oor, and where ising abundance he world ; with est facilities for after years of strutrirle, is not a coiintry (l('-cr\inif Uk' .-l.iiidi'r-' wliich dav Iiy day an heaped upon il. No\a Scolia cnu n<'\rr lie rului'd. Sir, afli'r ihc sliiiiulaliiiir iiiMiicucc of liic AiniTiciiii war Iiad pas-cil by I saw this cily ahiio~l ili'-cilcd. Ajraiii in IS.'!."), hall'tln' ^Imits in Water street wei'c sinit u|), and no man conld ehani^e a p<>nnd iim|c into ^iivfr; but the pc|-iod of (li'pr"s-ion pa~-i'd Iiy, a more certain ami >liil)li' -v a iialurc 1o be dealt willi liirlilly. Sir, the old nicMi who jilanled the 15ritisli standard that floats on yonder hill ; who had the ('(nira'jfe and (mi- rrpy to l)rav(> the dan,;jj(M-s of eslablishiiej^ a yoiiii'; iMiirland in tbi^: western wild ; who left us their lanLniaire, their liNM'alnri', liieir past history and their le;.rislative ciiaclnKMil-;, are sIumbiM-ing beneath the .soil they liave be(|n(>ath(.'d to us adorne(l by Iheii- indii-fry. Shall we then, unmoved, listen to .sfMitinuMits such as those which the honorable mem- ber lia.s express(.'d? Sir, did 1 believe, that instead of gratitude lo the sovereign, who has conferred upon us self-gov(M-nmeiit, we would think lightly of our allegiance, or balance it against our jiersoiial rivalries with each other, T should blush v.ith conscious shame for my count ly, And let me tell the honorabh! gentleman, that if any Urili.-h INIinisler con- sented to part with this Province, with its fisheries, coal fields, bays and harbors, easily defended as it could be, ho would earn impeachment, and deserve to loose his h"ad. As a «piestion, then, of public policy, looking to the futures traiKpiillity of our homesteads and our hearths, T say it is the duty of every Nova Sccitian to discoiintiMiance lh(> idea of separa- tion, as it is etiually his duly lo defend llu; Constitution of his country, while confid(Mitly relying u[)on Ikm* resources. In the full belief that further change at this time would be unwise, and that Nova Scotia will yet be commercially and industrially j)rosperous, I beg leave to move the following amendment to the learned gentleman's resolutions: — W/irrras, the forms of government, and modes of Administralion which exist in this Province, have l)een cstablish<n 1here and elsewhere, arc thus slightly re- ferred to in the opening speech : — " Deeply convinccfl, as I am, that the loyal sentiments of the people of this Colony are unchanged, I do not feel myself called upon to make any rt^ference to the discussions which are taking place in surrounding Colonies." A valuable concession, made by the British government to all the North American Provinces, was thus announced : — " The Im])erial Parliament having passed an act authorizing the sev- eral governments of North America to regulate their internal posts, a measure will be promptl}' submitted to you in accortlance witli that enact- ment ; and 1 am liapjjy to be able to assure you that no obstacle now ex- ists to entire control being assumed by the Provincial government over this branch (■' the public service, and to the establishment of a low and uniform rate of postage throughout British North America." This was the termination of all controversies upon very im- portant cpiestions. The control of the posts and the employ- ment of conriera by the Postmaster General in London, were incidents of the old Colonial system. They grew up to- gether, as they must ever grow, where new territories are con- cpiered and settled by communities enjoying the conveniences of modern civilization. It is but fair to acknowledge that the great powers exercised by the Postmaster General, were never abvised in the maritime Provinces. The salaries given were not extravagant, and the patronage was rarely dispensed in a way to outrage; public opinion. Mails were sent with as nnich reg- ularity as could be attained with sailing vessels and bad roads ; and new routes were established wlu'rever it could be shown that ihey would be prolitabli', or where the Legislalure would provide for the expense!. Tlw. rates were various and very high, but llowhuid Hill had not entered \i\)on the scene, and res])on- sible government was a myth that nobody but a few enthusiasts believed in. As nothing could be done which touched politics without consulting th(! Colonial Secretary, so nothing could be done about mails and post towns without consulting the Post- \4 1 T 'I C21 LAW BILL. ¥• *)': t 'I < mnslor G(MU'r;il. C'.irlloadri of corrcspoiidciKT passed to and fro across ilic Atlaiitif; and, as the old U-n y;un brio's oflcn\V(Mit to the bottom, duplicates had to be sent and nK)ntlis to be wasted, before^ any ihini,' could be done. Ijut yet the liont)r of the crown and tin; security of the empire a})[)eared to Ix* involved in all these intricacies and absurtlities. Sir Francis Freeling would as soon have thought of surrenchM-inc; a mail to a hicii- wayinan, as of ii^iving up C'olonial posts to the control of the Colonial Ijcjijislatures. " Tout cela est chaniije.'' Responsible government once established, the control of the mails came as a mattt^r of course. The Provincial governments make their intercolonial arrangements. The Postmasf(>r (Jcneral of each Province controls its internal posts. Two or three dispatches a year (lis[)ose of all the questions which touch Imperial arrange- UKMits, and the conveyance of sea-going letters. A uniform rate of three ])ence has been established all over 13ritish Amer- ica, which will, by and by, come down to a j)enny. The w'hole service has bed, \\ ith two new fea- tures, which in all subsequent acts have been still preserved. These were the appointment of a superintcMidtMit t)f education, and the establishment of village libraries in all ])arts of the Province. This session was enlivened by the introdaction of a bill which caused no Utile excitement among the lawyers in the House, and a good deal of auiusement to the country at large. Various opinions were held al the time as to its t)rigin. Some believed that I\Ir. Howe had been annoyed by the intrigues, jealousies, or unsteady support, of some of the |)rofessional adherents of the govermn(Mit, and wished to teach them a lesson and reduce them to discipline; while others thought thtit th(^ bill was brought in from a sine(M-e conviction of its utility. Whatever the uio- tive may have been, the measure was introduced, advocated, LAW BILL. G2{) I i o aiul fro lea ^v(>llt to be wiis'ti'cl, )iior of the )('. involved is Frci'liiig to a higli- iitrol of tiio Responsible vils came as make their leral of eaeh dispalelies a ■rial arrange- A uniform Jriti^li Anier- The whole le Provinces. ;ui immense )f course, are AMI an ednca- >ech. It was wo n(>\v fea- ill preserved. i)f education, parts of the i)f 11 bill which II the House, fason for themselves or others in all ller Majesty's courts within this Province." We give one or two speeches by which this novel measure was defended. The absence of any table, by which fees are now divided between l)arristers and attorneys, and of any pre- vious examination, had been urged as objections. INIr. ITowc replied. I will answer the question of tlio lionor- .il)l(! iri'iitlcnian. I would abiuulon tliis restriction, hocauso. in jioint of f:i('t it is not worth ii rush. I could point to six or seven barristers, who liave gono througli this ordeal, and have liecn admitted to tlic bar of Nova Scotia, who are hardly a grade above the idiot, or fit to herd geiv^c upon a common. With respect to the tW^, I do not expect tiiat any layman Avill go into oiu' courts to practice; law for fees. If i:c. will, h(! ouglit to have the right. My learned friend strangely mis- takes lli(! object of my measure, if he supposes that T eoutcmplate or care what becomes of the fees. I seek to reclaim and establish a common right, for great pul)lic ends and advantages; to give to the ])oor and oppressed, the shelter of unpaid advocacy and defence. I ask him if there were any such monopoly in Greece or Kome, as exists in Nova Scotia? INIr. Tlarrington. Yes, there was. JMr. Howe. Ihit, I say no ! There were no such restrictions in those illustrious nations; nations that have sent down to us the very foundations of our laws, and the noblest specimens of li)rensic preeminence. It will be admitted that Demosthenes was a pretty good lawyer, and one of the best orators known in the annals of history. At the age of seventeen, he walked into the courts of his country, and won back his inheritance from the guardians who were mismanaging his estate. l)Ut Demosthenes was never cooped up in an attorney's otfice tor five years, poring over old musty volumes of almost forgotten lore ; he studied after a very ditFerent fashion. The son of a sword cutler, he studied rhetoric and i)hilosophy, in the schools of So- crates and Plato, who were not attorneys, but philosophers, travellers, men of enlarged minds, and of experience in the world, rather than in courts. Then, if the Greeks, who have handed down to us such brilliant examjjles of genius without any such study and no such monopoly, is not Nova Scotia just the country in which to try the experiment ? Now take 53 ^!'l mi m 626 LAW BILL. Ir. m I Rome ; lliorc was Cicero. Nobody will deny that lie wa^ nearly as p^reat a lawyer and orator us any wo have in Nova Sooda. lie studied ora- tory, philosophy, and all the branehes that eonld expand the inind and polisili his intellect, for years. lie defended the op[)res,«ed for fame, and thouj^ht very little of the smaller matters of fees and their subdivision, of which my learned friend seems to think so much. At twenty-six he pleaded some causes, for the reputation to hn acciuired, and then went olf to Athens, to study the great masters of oratory there. AVcll, now these are great examples, given to us by those classic periods of which we often hear so much. The honorable member for King's asked me, "An! those admitted to plead to be subject to the same restraints as the present barristers ? " 1 say yes ; my bill does not contemplate degrading the courts or the profession, but raising the character of both. There is no restriction against any man being sent here by the people; but, aft'-r we come here, we are under tlu; law as expounded by the Speaker. So any man, that enters a court of law, must conduct himself with decorum. From what I have seen of late, I believe that the power of the judges is too great; that they exercise an influence over the bar be- cause the bar live by the profession, and dare not say what they think, cither to or of the bench. But suppose I were to enter a court of justice, placed without the charmed circle, I should not feel the weight of that iu- fluence bearing as heavily upon me as though I had but the profession of the law to look to for my bread. Let any man enter a court, and face a judge and a jury for a day, and then walk off about his other business, he would be enabled to act more independently than those who are continually under their influence. We saw the operation of the system, two years ago, when charges were broadly made here, and subscciuently (|ualitied and withdrawn. We saw it recently, when barristers talked of a judge being drunk, who would have shrunk from preferring the accusation to his face, or on the floors of Parliament. I do not believe that any judge in this country "was ever drunk upon the bench, and I am not providing for any such case ; but suppose it did occur, the layman that walks into court cannot be coerced or controlled farther than to decent conduct while there. But by this monopoly, you at once place around the bench a protecting influence from the free a.id uni'estrained criticism of the whole com- munity; removed, you open the judge to the free scope of popular opinion, and throw around him its protection. The bench will be pro- tected from a whisper of offence by the general confidence which will be inspired, and the elevation which it will obtain ; rising upon the suflrages, not of an interested clique, but of a confiding, intellectual community. i^ifi y*! '■ I' i LAW BILL. C27 ti •arly as ^roat ! sUiilifl «™- hc iniiid iuxl for iUnie, aiul r subdivision, twenty-six he nd then wont !. Well, now •iods of wliicli ig's asked me, stniints us the late degrading both. There a people; but, y the Speaker, it himseh' with t the power of iver the bar be- i'hat they think, court of justice, oi'dit of that iu- t the profession tor a court, and about his other than those who ., when charges iiid withdrawn, uing drunk, who face, or on the hi this country iig for any such nto court cannot net while there, nch a protecting the whole coni- ■opc of popular nch will be pro- ice which will be _)on the suflrages, ;tual commuuity. But, it is said, a layman can never .study and comprehend the lawi5. "Why not ? AVliat is (here so abstruse and dilhcult in our connuon and statute law? Take tlie laws of nations, which have to form the l)asis of all diplomacy. Tlicse are lianded over generally to a l)ody (A' men who are not lawyers, but yet wlio arrange and manag(3 treatii^s, with all their mighty interests, and infinity of detail, to the satisfaction of their re- spect ivc nations. So, take commercial law. Merchants master Itut cannot practice it. I need not go out of this street to find a man who understands commercial law as well as any lawyer in the country, and whose opinion I would rather fake ; but I cannot ask his opinion ; he cannot go into our courts and plead a ca^e. Now take, again, the divine law. Any blockhead may go into a pulpit, shatter the nerves of a whole congregation, discourse of things temporal and things eternal, and dispose not of our estates, but of oiu' souls ; and yet the most ac- compli.rhed statesman, who is not a lawyer, cannot go into one of Her Majesty's courts and sue for a ten-pound note, or seek restitution of a poor widow's rights. Again, the law martial, — by which tiie whole armies of England are regulated and governed, — is administered by the ofhcerb' of that army, who are none of them lawyers ; pcrJiaps never looked into a law book in their lives. The livos, Ihe honor, of gallant gentlemen and fine soldiers, are forfeited or secured by such tribunals every day. The errors are not moi'e numerous than ai)pear in our courts of law. Yet the general who has presided over an hundred such tribunals, could not plead, when on half-pay, a common case of trespass in our civil courts. I sustain this bill then because I believe all monopolies are bad. Sup- pose we were to secure in this city to-morrow a monopoly of commer- cial business, that we should take a hundred men and confide to them the whole foreign commerce of the country and let no others send ships to sea. Enterprise would be cramped, trade would languish, our mercantile character would be lowered, and the community much less prosperous and contented. Take (he scienc^es of chemistry, astronomy, are they not as abstruse, as perplexing, as law ? Like law, (hey are progressive sciences. Why have they improved so much and law so little? IIow is it that we can measure .Tupiter, but cannot frame a reliable plea or indictment? Take Mrs. Somerville's mechanism of the heavens. Put it into the hands of the lawyers of Nova Scotia, and I doubt if five of them will understand it. Do you suppose that such works would have been composed by women, if the sciences were placed in the hands of a few men who enjoyed a monopoly of their study and cultivation? Take the science of civil engineering. r.ix G28 LAW BILL. m ' that Ijy wliicli we have lately ,«con ii highway hung in the air, and ovor Avhit'll railway trains pass with the rapidity of ligiitning ; and yet the man \vhosc mind was sntFiciontly comprehensive to plan and execute such a work as this is debarred from entering a court of justice and pleading the siniidest case for a friend. The one branch of science is free, and the other is stami)ed with a seal which would lead us to believe that but the few initiatc^d could comprehend it. Now, let me say with respect to the bench, it can never rise above the intellect of the bar in this or any other country in the world. The judges are selected from the bar ; they must be, and they hear no instructors but the law- yers. The jury cannot speak, nor can the audience ; and it Avould not hurt the judges to find a new mind springing up occasionally to instruct, entertain, :uid convince. Take an instance, ten years ago, when I sat in that gallery, and thought it (contrary to modern notions) a pretty re- spectable sort of a place, I daily listened to the oratory of the father of the present honorable and learned Speaker. His sons will not contradict me, when I assert that he was superior to them both, in general knowledge, accuracy of detail, comprehensive views, and manly eloquence. Yet to the day of his death he could not have stepped across the charmed circle, or have raised his voice in a court of justice. I think it is Dickens who asks. Did anybody ever see a dead donkey? This may be a very rare sight, but it is an equally rare one to see a law- yer in jail. I have, within my own memory, known fifty cases where the property of the poor was withheld from them by members of the profession ; and no lawyer could be obtained who would bring an action against one of his own cloth. Sir, if in the course of my life, I have seen one case, I have seen hundreds, in which my sympathies prompted me to enter a court of justice and plead for the oppressed, but this mo- nopoly would not allow it. Take doctors and clergymen. Suppose a case of dire oppression is brought home to their senses, is there any reason why, if they see a case of rascality per})etrated on one of their parishoners or patients, appealing to tiieir nobler feelings, they should not take the agrieved party by the hand and go into court and plead the case of the i)oor and oppressed? I advocate this bill then, because it will put all on a fair footing with the privileged. I say I never knew a lawyer to be in jail. Yet I have seen fifty eases where parties were kept out of their money, and although a few persons may have found redress, the cases are very rare. I have found in my rambles through the country hundreds of cases of hardship which I would have pleaded from sympathy, and without ever a thought of how the fees were to be divided. The honorable member from Sydney told me that I went into LAW BILL. 629 court once and made a prcdy long ppeccli. And po I did. I got then a pretty good idea of liow things arc done. The hnvyers do not take three meals a day of law Avlth perfect gusto. They study a little when young, and after that tiiey josths about in the profession and take their chance. Now and then, there is a fellow who studies very deeply, and he drops off before his litne. I am not so sure that our young farmers and mechanics do not tax their mental and bodily energies (piite as much as our young lawyers. Our present venerable Chief Justice stepped out of the ranks of the army, and I believe that all his books might have been carried on a wheelbarrow when he was elevated to the bench ; he devoted but a short time to the study of law, and a capital judge he has made ever since. IIow long was Erskine studying law? lie made two or three voyages to sea, spent a year or two soldiering ut Malta, another studying under an actor, was enrolled at the Temple, and, in a short time entered the court at Westminster, where he astonished the bench, the bar, and the British public, and commenced that brilliant career, which he followed up by triunii)h after triumph till the close of his life. Now, let me ask gentlemen who fancy there is something mysterious in the law, what arc the ordinary run of cases that come into our courts, cases of debt, assault, trespass, slander. What mystery surrounds them ? There is not a day that, as Legislators, we do not study and dispose of matters of more intricacy and in)portance. It was my fortune to study the law of libel once, and in three Aveeks I think I read more of it than any lawyer ever did in Nova Scotia. The Speaker laughs ; but, sir, the proof of the pudding is in the eating of it. And while my law was accepted as sound, the law of the bar, and of the judges too, was voted absurd by the jury. I ask any man to go into our courts of law, and ask him- self if he could not take from a dozen different walks of life those who ■would shed more honor and intelligence than many of those Avho sit be- hind the bar ? But I may be told that gentlemen would go there to lecture the judges on mineralogy, etc. Sir, that would not be the effect ; but I do sincerely believe that the profession suffers from being circum- scribed among a few and from not being open to the free competition of other minds ; and once open our courts by this bill, and admit all those whom I know are steadily preparing to take their stand in any walk of life into which inclination or ability may lead them, and you will see a vast difference in the intellectual calibre of our courts. The honorable member for Cumberland says, let the bill pass, it will only create an additional number of law suits. I do not think such will be the effect. At the present moment there is no free scope given to defend the rights 53* C30 LAW BILL. LiV,( \{\ lim of (lie poor. T?iit rompofltion was (.•iR'()uni;^f'il Ity ilie Grcoks and Ro- mans ; and I hclicve tin; tiin«! will conic wlnii wc >liiill sec llic same policy prevail in our courts ; when men w ill plead cases, not only lor money. Itiit for the credit it gives lliem, and the .satisfaction of doing good to a fellow creature. I will not, sir, detain the committee longer. The want of some such hill a.s this has long pressed upon mo. The mode of carrying out the idea may not he correct, hut the principle I helieve to he sound. On ii subsequent clay the followini]; reply was ff'ivcn to a very able attack made on the bill, by the lion. Mr. Johnston. Mr. Chairman, I should certainly ill discharge my duty to the com- mittee and to myself, were I not to answer the learned gentleman on the si>ur of the moment, so far as the deepening shades of evening will permit. I will say, sir, that the honorable and learned gentleman's opposition to this hill is sincere, and springs from no professional jealousy. lie has been too long engaged in his profession, and has fought his way too high to fear the contact of inferior minds. He hiis won a position in his profession, which no one, starting imdcr this hill, could assail. I respect the honorable gentleman's forensic talents, and admire the cool and collected manner in which lie has delivered his argument to-day. The honorable and learned gentleman seemed to consider that I held the bar of Nova Scotia lower than that of any other country. Sir, I respect the bar generally ; but it was of the monopoly I complained, and it is that which 1 seek to abolish. I affirm that unti-ied and ignorant men will seldom seek to thrust themselves forward upon an arena where they will only prove their ignorance, and from which they will inevitably retire with defeat. But there arc many who have been tried, and whose talents would not disgrace any sphere, howcivcr exalted. These are now excluded, while men, far their inferiors, in knowledge, eloquence, and virtue, are by your present system intrusted with the lives and proper- ties of the peo[)le, and admitted to jjlead and reason in our courts. I was amused with an argument of the honorable member for Cum- berland. He says, the bill ought to go farther and admit the ladies into the courts of justice. Why not? They would make elo([uent pleaders. Does he remember that celebrated scene where two females rushed into court with a case, reported in an imperishable volume — a cause, where a layman was the judge, and ladies the only orators. With their ma- ternal feelings excited, the mothers rushed into court without being accompanied by two lawyers who had studied for five years, and both claimed the child ! King Solomon, who was, perhaps, nearly as LAW HILL. C31 IS and Ro- in()in'}'< '"'^ , to a It How •mitot'soine •urryinj? out \ sound. u to a very on. to the com- '(nitlt'nian on evening will genlluman's jnal jealousy. )up;ht his way on a position iiiUl assail. I Imiro, the cool Lunent to-day. hat I held the Sir, I respect ined, and it is i;^norant men arena where will inevitably led, and whose These are now doquenee, and C3 and proper- courts, liber for Cuin- the ladies into jiient pleaders. fs rushed into •X cause, where A^ith their ma- without being ive years, and haps, nearly as wise as the jud;;<'s iu Nova Scotia, repelled ihcni by no Ibriii-;, a-krd for the aid of no roundel learnctl in the law. Itut hi- huilsludird ihi- laws of nature, and sounded the depllis ofthe hnnian hrml. AVilh a j^lance hii detected the ritflidul owner, and gave a judgment whieh has never been reversed. Wliat answer does tlu^ learned nieinber I'or Pietou give to the cas<' T (pioted last evening. The state of your law wonld have re- fusetl adinitlanee to Agricola. w h(» <'oiild have; eutere(l any pnblie ii~-enibly and shed lustre on it. The honorable and learned member fears that parties will enter the; conrt who are not ac(|uaiuted with tlii; forms. "What !i bugbear is this story of the forms — the forms. Why, sir, have we no forms? 1 may ask the clerk to hand out three huge vohunes of llat- sell, whieh every member of this House is snpposed to be aeiiuaiuted with, and by Avhieh he must be governed, and yet we must be all law- yers. I remember well, that when an aspirant fur the chair in which you sit, those huge volumes were held up to me as formidable obstruc- tions by timid fii(;nds and artful enemies. But I found these {(jrms, after all, not very diilicult to understand, or to administer; if the forms of the su[)renu) court, are more intricate and complex, il is «piite time that laymen were let in among them. The honorable and learned member for Annapolis fcemed to doubt my sincerity, and talked of kite-ilyitig. Now, sir, I may say, I hope this little kite, of mine nuiy have a tail long enough to steady f nd carry it to its destination ; thai is the test. If I can only get a tail long enough, I will vouch for the safety of the string. ]hit my kite is nothing to his; the piece of pasteboard he laid on the table of the House yester- day : how long he expects that kite to fly, or how high it will soar, is a cuiious question. The learned member defends the monoply on the principle of a divi- sion of labor, but have we not the division of labor in all the ciher walks of life, without mono[)oly? The old judge might not have been a good horse-jockey. Few men are, but he could buy and sell horses if he pleased. ]My argument is, that a farmer or a horse-jockey should have the same rights in iht! courts, as a judge or a lawyer has on the turf or in the field. But he says, did you ever hear of a doctor turning merchant ? I an- swer, yKt<; we hav(^ one in this town, who, by giving his leisure hours to trade, has accumulated a very handsome conii)etence. ])Ut a doctor can turn merchant, or a merchant can turn doctor, but neither one nor the other can turn lawyer. The honorable member has referred us to Cicero and Ca'sar, who, he says, had many clients, who were the friends, the adherents, the supporters of these great men, and the higher their h li ■*1 \i ^"« C32 LAW niLL. nl)ili(y, iIk' iiKiro cxtcndiMl witi- llidr ru«'iUH<»riii(!ii('iic('. I Iiiivf aliTiidy slu'Wii tliiil Cicero plcndtil not liu- iikuic}', Imt lor lioiior :iiitcrion-t inlliicni'i' df Ave yraiN ai mii alliu'iKv'-i iiiis nssiimnnii. I\lr. IIouc. l*rrlia|ts yon arc ri^lil ; I'nr tlicrc arc many of llicse yoiiiij? sprigs oi" ilio law wlioin n(t man wonM ever >n>jic('l of exor- cising any very great powers of niiml. 15nl, sir, I lia\f ilihrmineil to pay notliing wliicli may app<'ar invi'lion.-. If, npon it, ^nmi'iil merits, this hill cannot lie sustained, iIkmi let it go, rather than indiviihial feeling shonM he wonnded hy pergonal references. I feel, >ir, that I am weary- ing the committee, and as I shall have amither oi)|)ortnnily of answering ohjootions to' the hill, I will no longer detain them al this lale hour. One single; ohservalion and 1 closo. I was twelve years in hnsiness, and I appeal to hrmi of hnsiness within this Ilonse, and heyond it, to say if their experience has not heen the same. In those twelve years — and to this inonoi)oly alone I attrihnt(! the can.-e — I could never collect a debt from a lawyer who did not choose to pay nie. His fricMid tho Speaker also attacked the hill, and got this answer : — It was the practiee, INIr. Chairman, among the Loorians, when a man proposed a new law he was to go hefori' his fellow citizens with a halter urotnid his neek, and if the law was rejected he snfVered th(> penjdty of death for his jtresnmption. "When T intro(liice(l this hill, I knew the risks I ran ami th(! opjiosilion I shoulil have to eneonnler. "When T saw the half smile which played upon the lips of the lionorahle and learned Speaker, 1 mueli feared, notwilhstantling his professions of friendship to the measure on a former day, that he would do as lie has done, go over and Join the ranks of the enemy. II(( has expressed his deliberate opinion, and I do not complain ; hut I will tell that lionorahle and learned gentleman that this hill is no hastily eoneoeted schenK" ; no crude thought thrown hefore this Assemhly without due consideration, hut tiie result of deliberate and mature relleetion. It is not, as it was styled hy the lion- orahle and learned mend)er for Annajudis, a kite thrown up fJjr some popnlar and temporary purpose ; hut something which from my heart and soul I believe will advance the interests of our country. The nov- elty of the idea has been pleaded as groundof objection, but most things i- w. G34 LAW BILL. 't m.iii lliat arc valuable liavo had an luiiuMo orij^in. Tlie marinor's ooinpass ■\vas iiivcnicd in an ohsciiro Italiau town ; the steam engine was eon- structed in a Seottish seaport ; a town of no great mark or likelihood gave l)irth to the art of" printing; and so, this example, set by the little Legislature and I'l'ovinee of Nova Scotia, will eventually, or I am mis- taken, be followed in other eountries. I feel myself, in the advocacy of this bill, opposed to immense odds ; I have felt the varied talent of this cor|)oration bearing down upon me since its introduction. But, sir, will any man venture to predict, when he sees all the monopolies of the days of Queen Klizabeth and Charles the First — the P^ast India Company's exclusive charter, and the great tood monopolies of the landlords of England — stricken down, that this is to last? Sir, I am forry il". in the advocacy of this bill, I have allowed the veins to swell upon my forehead, and tha blood to mantle in my cheek ; but let me tell the honorabh; and i('iTriied membi'V for King's, that if I ajtpeared too animated when I addressd him, it was not because I feared his arguments, but because I was afraid that he would not leave me enough of the night fairly to advocate my measure. I listened attentively to the arguments of my honorable and learned ft", lid the Speaker. "What!" said lie, "let in everybody? Why, if yon commit such an outrageous act as that you will have our venerable Chief Justice annoyed by the misbehavior of those who may violate the decorum of the court." Sir, I saw, not very long ago, in presence of tlie venerable Chief Justice, a learned member at the head of the op- position, who, threatening to pull the Speaker's nose, snapped his fingers in his face, declaring his determination to knock him down. Will laymen, if . dmitted, commit more gross violations of decorum than this? Let me refer the honorable Speaker to a case in answer to his statement " that all |)ersoiis in the Province requiring counsel could obtain it, and that the bar was fully adecpiate to meet the re([uirements of the people." The crown granted to a poor Avoman residing in Arichat a piece of land; a neigiilior encroached upon it, and, believing the (Queen's grant to be a reality, >\\r employed counsel. The jury gave a verdict against her, which would have been set aside if argued before the judges. The widow was poor, and though her story was told to half a dozen profes- sional men. not one would see justice done to her. Deprived of her j)roperly, ruined by its defence, she presented herself to me, and said, '• (jlood Ciod, ]Mr. Howe, what am 1 to do; surely the crown did not wish to entrap me into a lawsuit." I could but say, I cannot aid you; 1 wish 1 could go before the court and tell your story, and I think I could obtain justice for you. Uut if the lawyers will not go, nobody else LAW BILL. 635 can. T f^ivc the lionor.iblo Speaker that one instance ; I could give him fifty ollicris. AVliat says he again ? ■■• Tiie law |»rac'tice of our courts forms a ooiuplicated auil au artidcial syslcui." Sir, I believe it, and there is thr more reason for eomhiued (.'xcrtiou to render it sim[)l(', iutelligiblc, and easy of access. A great part of this '• million of fact-," of ^vhich he !*peaks, would be altogether swept away, and the remainder revised and rendered intelligible, were new minds to be let in who would not venerate au old system merely because it was handed down to us from our anccstoi's. But we have lawyers here, many of them ; does the knowledge of this million of facts raise them so very far above the lay- men of the House ? We, may as well, th('U, have a taste of these sweets; surely we cannot I'all much below some of them ; perhaps we may in time even venture to compete with the most talented. But it was denied that lawyers retained the money of their clients; let me give an instance worth all their arguments. I will relate one : It is scarcely a month since a jwor fellow walked into my ollice ; the e.\- ju'c-sion of his countenance was familiar to me, but I could not recollect liis name or ■where I knew him. He proved to be an acquaintance of my schoolboy days, whom I had not seen for twenty years. He had conu- to ask my advice as to the course he should take with reference to the following transaction. He liad sold some property, and taken the buyer's note for the payment of the price. When it became die he was obliged to put it into the hands of a lawyer for collection. For five years was this poor man kept, by one excuse or another, following after this lawyer's heels for his money, until he at length employed another lawyer to collect it. It was then discovered that the first legal gentle- man had collected the debt five years before, and would not pay it over. All I could say to this poor fellow was not very consoling. I could not go into court and tell his simple story. If I had had the power, there is not a judge in Nova Scotia who could have allowed him to iemain an hour without his money, or that lawyer to have worn his gown. The man has gone home. Whether he got his money before he went, God only knows ! but 1 know, that if I had had the power to go into the su- preme court and state his case, he would have got it, and the genlleiuau ^vho retained it would have been taught a lesson that would have cor- recfcil his ])ractice in all tine to come. The next in order is the honorable and learned member for King's. He told us that this bill was to take away the common-law right pos- sessed at present by the people of this country to plead for themselves in our courts of law. The p(.'0|)le may in theory j)ossess that right; in practice it is a nullity. How was this bill received when first introduced? 63G LAW BILL. A sneer ami a luugh all round tlic House. Suppose any poor dovil were to exercise this eomniou-law rij^dit, and attempt to go forward and plead liig own cause in our courts ? He would llnd what the old and venerable men in our city found when they attcm})tod to obtain a scat within our justice halls — that the barristers' scats are tilled by a parcel of boys, who would look with ])ert impudence upon the intruder. Any man who attempts to exercise this common-law right, as it is called, will find that it is just such a right as no man will attem2)t to exercise more than once. Sir, in my youth, I tried it ; and had I not possessed nerves of iron I should never have been enabled to bear the passive resistance, the self-satisfied irony, which rested upon nine-tenths of the countenances of those around me. But the honorable gentleman says I am not giving the principle involved in this bill its full scope. Sir, there is more than one way of defeating a measure ; you may either ojjpose it openly, or restrict it within such limits as to make it ab- surd. JN'ow, 1 shall not follow the leail of the honorable member. I shall not commit either of these acts of folly; and I will not take the sugges- tion of the honorable member for Pictou [Mr. Blackadar]. lit; seemed to view with horror undisguised the opening uj) of our bench as an in- centive to more active exertion for our peoi)le. I will go back to no veiy distant period, when two members of this Legislature were placed upon the bench — vacancies occurred, and a judgeship was given to each. Sir, had Herbert Huntington received this honor, and been called upon to decide any of those complicated cpiestions which may have come be- fore the two learned judges mentioned, I will venture to alRrm that he would have dived to the root of the matter, whatever it was, and given as righteous and as just a decision as either of them. But the honorable member Ibr Jving's asks, '• Why not bring in barristers I'rom abroad ? " Has he sat here for years and years, a lawyer, and never thought of this proposition until to-day 'i Does he bring it forward now because he wishes my bill to pass? I do not believe it. No ! no! The honorable gentleman wishes to attach something to the tail of the kite which may prevent il,-? soaring iiUo the heavens, and eventually prostrate it in the mud. Were a lawyer from the States, the Canadas, New Brunswick, or any other portion of the globe, to make his appearance here to conduct a suit in opposition to the honorable gentleman, I think 1 am safe in asserting that the first exception he would take would be to lh(.' legal qualification of his opponent. The honorable gentleman wishes the judges to have the power of al- lowing any man, upon the application of the party interested, to i)lead ibr him. This might prove eilicient, but there arc serious dillicullies in ^i r LAW r.ir.L. C37 "vil wero to il i)lca(l his e ruble men our justice , who wouUl ultempts to at it \:i just ico. Sir, in on 1 sliould self-;*atisfied ho?c iiround he i)rinciplc ■c ; you may miikc it ab- mber. I ?hall c the suggcs- lle seemed nch as an in- Lck to no very c phiced upon iven to each, u called upon lave come be- iitnrni that ho •as, and given the honorable roin abroad ? " \()Ught of this ,\v because he riie honorable iic which may ;li-ate it in the Ihunswick, or lere to conduct 1 am sale in l)e to the legal le power of td- •ested, to plead dillkultics in the wrw. Tlic jiuIlti' miirlit not in a irood many iii-tanoc^ be disposed to <.U':\\\\ i!h' .'iiiiilicaliiin, nnry kiinllv inlrihlcd ;ii!il ini'iiiinus ami'mlmrnfs comim!; in at tlic ninth hi)ur, I iik nut. r.iii ti ]!■ ht'Uoi'ait Ic LTentlcman told us that when- tl IclT Won Id lie no i('-t!'aiut in the i>-uii)i^ of writs mncli iiijiii'v wonlil cn-n AV I'dund our -ti'cets and sei,' slio[is opi'u for the >al(' of pru->ic adil, nrscni' or iili: Y^hat restrains tlie midue and i unvise sale ot l)ies<' arliele >l tl le re-iion -ihil itv tlie -ell.'rs? Xotl um wonlil it be in this ea~e, and (he 1 onora bh irentlenian inu ■t bcl levc US simple, imleeil. if 111! sup[iuses US likely to be i'righteiied by arguments of (hat hind. Two oi three of the opposers of this nioa-ure dwelt mu(;h upon tlie ii'i'e-pii)i-il»ility of l!io-(; wiio \vould have the power ol' i~>iiing writs ami condueting tlie suits of others. Tlii'y were ([uite willing that tin- rriivinciMl M-eret;ii'y should be allowe(l the privilege. I can hardly <'i>l)cei\i uiv man more likelv te honorable genthnien than he in wliom they sim-mi to have so much conlidenoe. Ibit then Ik; says, ""Would you allow a man straight from the penitentiary, to entu' our courts as a practitioner and beccjme a lonoraule mem- e;mi!i'!;i(e for a juilge>hip ?" Id answer, U't me give the 1 her an f[»isode in the history of an English Chief .Tustiee, whose career had been wild and reckless in bis youth, ])nt who liad for-akeii !iis vicious course. lie became a judge, ami while in the exercise of his judicial function-:, a prisoner was brought Ixdbre him, charged with the conunission of a lieinous ''rime. His features were t'amilinr to the iudire, and when (ho tri;d and cond I'lnimtiou o f (h or fellow had pas ■e( Wliell tilt th shades of night hud fallen, and he liad shrunk away to his cell to make his peace with (»od, the judge could not rest upon his pillow, lie rose, and visited the (hunp cell in which the prisoner was confined, and there, while the lamp Ihmg its dim and -iekly ray.-5 upon his palid features, the judge recognized one of the companions of his youth. In the course of his conversation, lie asked the condemned man '• How many of the old ;aug are y<'t aliv All hangi'd. please your Lordsliip, exce[)t y ou ant 1 I, •as tlie rejoinder. I liav(,' heanl it said, sir, that some mendjcrs of our bar hail vohui(eei-ed their assistance in conducting the trial of Dr. AVili^ter ; I havt no doubt but that the late of that nulbrtuuate man depends e)>lirely upon tiieir bi-illiant eilorts ! Ijut T ,-liould miieh like to sec such n)en ;is AVeb~tei" and Choate come down here and give us some idea of their foren>ic jioweiv. The houoi-able and learned member for King's lold us that one legal gentleman did nearly all the conunereial business in Hants county, and another was so engaged in Ilalifiix. He 638 LAW HILL. ;./; fU» should Iiavo vfinindcd tlioni of tlic arriiiii:^<'inont l)y wliicli legal ■Lffntlcmcn an; strippcil oi" tlu'ir irowii-;. Let (ln'iii look lo it I I now conic (o llic Icai'iici! nicnilicr lor IJiclnnoiid. lie says lie will vote for the hill, luit lie olijccts to the prciunblc. '• What I " \\o ,-avs, " how can the lawyers citjo// a monopoly (hat is injurious to them ?" llo thinks it bad loiric. IJiit I ask him if a man cannot ciijoi/ ;i hottlo of ■wine, that may be injnrioiis to him ? Tiie monopoly of the bar keeps out the fresh minds that would occasionally come in ami sharix-n others liy competition. Take the learned member I'or Annapolis, jMost of lis remember when he came into this House. It was a n<'W field for him; and I ask the honorable trentleman him-elf if he has not learned more in the same time, since his entrance into this hall, than he ever did at the bar ? Tlierefore, T say the ])reamble is right ; the monopoly may be enjoyed, but it is injurious. Oh ! but he says, It pretends that other people can teach the judges. So thin' can. Tiiere are a hundred eases ■where a witness can l»e put into the box and the truth never be drawn out by the lawyers. A case; of poisoning may depend on (he eliciting of a single chemical fact, and yet that fact may not be slated, and a man's life may rest upon the issue. So in various other cases, where scientific knowledge is required. I went into (he chancery court the odior day, attracted there to hear tins great case of Doyle vs. Uniacke, of which there have been so many stories told. If we were to believe (hem, honorable and learned friend was to be taken in{o custody for running olf with a sum of money, if not for the nmrder of a bov. The whole thing turned out to be a question touching the legitimacy of a child. I wi'iit there, however, and ■\vhat did I hear ? A volume of indecent literature. I do not believe there was a single doctor in Halifax who would not have disciissed the subjt'ct with as much common sense, witliout understanding these million of facts, of which we hear so much. The judges quoted The Kdiiil>urgh Review, Young's Night Thoughts, and a very curious extract from (iib- bon, rather (oo indecent to be repeated here. One of the counsel read an extract from 3Iiss Kdgeworth's novels ; and the oilier quoted the great case of Tittlel)at Titmouse, in Ten Thousand a Year, as law authority. The honorabh; and learned member from I'ictou, rjuoted much from Judge Stoi-y's work. Let mc give him an extract worth all those he has urged: — " In truth, the common law, as a science, must be forever in progress; and no limits can be assigned to its prineiides or improvements. In this respect it resembles the natural sciences, where new discoveries con- tinual';' lead the way to new, and sometimes to astonishing results. To LAW BILL. G39 •('81 I ._ronllcmcn .,vs Ik' will ,.■1,1?" 1I<5 !V llOttl»5 of • liiir keeps irpen others .. lMo.4 of lew lieltl ibr , not leanietl 1 lie ever d'nl onopoly nmy ids tliHt otlier undretl (•t\>es be (li-ivwnout eliciting of u , Hiul a man's hoi-e scionlific there to hoar been ?o many iind learne() -urn of money, .1 out to be a , however, and do not believe • disen^^ed the ._r ihese million Mie iMlinburgh met IVom (!ih- (■ counsel read icr (juoted the Year, as law 'ietoii, quoted tract worth all •cr in progress ; ments. In this i:.('0veries oon- 11" results, 'lo pay. |];eref(M'e, that the common law is never learned, is alnio-l to utter a trui~ni. It is no more, than a declaration liiat the liuiuan mind cannot compass all human transactions. It is its true glory, thai il is flexible, and constantly expanding with the exigencies of society ; that il daily presents ik'W motives I'm- new and lofti(M' eirorts ; tiiat it hoMs out forever an uuappi'oaclicd degree of excellence ; that il nio\es onward in tlie path towards |iei-feetioii, but never ai'iives at the ultimate point."' Tl le li'arned met nber for Kiclimond told u> he was n-oiiiLT to vote for lh(! mea>ure. but could not tlo so withoiil slating his argnineiils against it. Such a course, pursued by one of liio.-e gentlemen possessing a million of i; ICH, jui}' sch'iolboy would be a>haiiied of. I now come to my honorable iVieiid IVoiii Sydney. Tu opposilion to this mea-uie. his tactics were excellen tlons? whi'i'e ihe I'xciteinent K-'re, AN' lere ^y I a^k are iieti- were the petitions !uu excitement when llie honoralile u'entleman introduced his AVind.-or Col- h'i!I ? It wa- a very good bill ; everv one was in favor of it an( It! ic lonorable gentleman did not sto[) to a>k where the jietition- wei lint Ihe 1 lonoralili' iicnllemau was not content will lb must nt cds throw III) auotiii'r a ne auly wli;c -oareit and rose so miin. that It L''ol (imte out ol -iizht am I has never .-mce heeii .~een. Tl le lionor- able ;i(Mitleinan ad<~. Have we not lawNcr- enoULdi tl le word- of old Dr. (li'ay's thanksuiviii'. r lOU 1 miglit answer m ha>t .--howered down enoii'ih. Lord ave KUloraole lileinhei' iiid m<:re than enongli." Now. let me turn to the I'ictou ; he certainly handled the mea-iire without gloves to-day. He told us he wa.> in fa\i)r of a pure administration of just ic> -o am 1 -o are we all. r>ut soniehow or oiner, rniiKtrs do i-cacli us at time a! we ha\ e not y bail judg Tl y were ,W\('rs lifeVIOU- were t 'cy not Tl moiiopoiv existi'd in erica at that tiai then, what arirumeiit could be drawn from that to proNc that laymen should lie pi'e\eiiti.'d from exercising this jirivilcge? If il lia\e any eil'ect. surety it bears against the honorable gentleman's argument. AVe were told of the depth and profundity of the studies rcipiircd to fit men for this profe^sion ; toKl a tremendous story aliout the forii am 1th lell l,e a--l\ed Uie liow I WoU I lid rive an opinion upon an m.-iir- ance cave ? Vfell. >ir, in the first place, my opinion wouhl he very much guideil by the side upon which T wa- retained, and tin amount of the fee; and then, if it happened that the party I'ctaining me lia'l no just grounds either of deleiice or proseeiuion, his case .-hould be di-inill OlIlCI'S \v -ir. Im MM' cxacllv \vli;il all tlii iiiv- icrnni- lan\riiilh dl' liai'il iiaiiic-; iiicaiil, I m'IiI (MiI Io a .-la!ii»iici'"s ami l)Oll,^•lll iiji all the fiirm- I could L,^rt. The grcati'i- iiail arc v^'i'y -iiiiplc ; mjiiic \ ci'y .-tii|ii(I, aiiil ^niiic al)-(thiti' iion-i'ii-i' ; Iml llii'i'c ]< \\n\ mv nwutwj^ ilic wliol''. ol' ulilcli a man willi ('(HiniiDii liraiii- woiilil iid! Irani liic u-c ami applira- liiiii, ill one iiioiilli. A siiii|ili' iVicml ol' luim' diirc I'ci'civri] o;a' of llir-c iiivstci'ioiis (lociiiiiciit-, ami iti'i-oaiiii'^ drcaiHullv iViuliH'iii'd, In' iio^ti'd iiiuiicdiatcly to town. I liappciK'd to iiU'i.'L liiai, and he acco-icd me, f-cciiiiiiiz'ly in lircat [)crinrl)alion, a-kin;j; in ■ whal he \va> lo (|nodo:;oit, with whom lie had always liccii on tcriiH ol' rricmldiip. Uiit the honorable iicnilc- man know s iT^lil well that there are hook-, in which lhe->c i'orni- and their !i|ii)lications arc >el down with iimni-takahic ]i!ainiie>-; ; am thai all the itics. AVI IV. if a man faithfully I'epresenteil tlicin in all Mere lireakiiiLT in at his ma-lcr's window,-. Trim would never think (jf Idowiii^' his hraiiis out iinlil he had >liouIdcre(l arni< and gone ihruiigh all the preruiiiiiary forms. AVlial hecame of thai ^y.-lem-' Why, siieli men a- Coiidc. Prince Kngciie. and Uoiiaparle, liroke through these mii.-ty rules of the pa-t ; taking the old .-oldier- hy tin; ([ueiies and da.-liing their heads togeiher, they taught them the art of war. So the legal profe.-sion would Iiciieiit if new iiiiml- were let in among iheni. liut the learned member says I might be iion.-nited. Well, sir, it i.s not a very great while ago, that, straying accidentally into the supreme eourt one morning, there J saw the judge in his ermine, the jurymen nil expectation, and my honorable and learned friend ju-f rising lo address the court on one of tlio.-e heavy ca.-es of which Iw; speaks ,-o much. He liad not proceeded very far when hi' was lurneil out of court iion-iiited. Hon. (1. \l. Young. I never was nonsuited in my life. 31r. Howe. ]My lioiioral'le friend >lioulil not interniiit me; mis- takes will oeenr, evi'ii in the be-t i' giilated i'amilies. 1 will not name the day nor the hour; but I reiollect lia\ iiig ,-een him nnieli excited, because the judges did not understand the law exactly as he did. AVe are told of the six hnndied volmnes of reports. Xo man J, AW lilLI, Oil fslioiiM licli(\(- f(ir a iiioinci'.t. tlial aiiv liiuvcr rviu]- tl ic will) !.■ nf llit'SL' rciuirl- : it woiiM iml liciiclil tliciii. 1 \va- jiuicli -iriick willi ail aii-wcr 1 rcciivcil iVoiu a iVii inl wlnii I liail a-!vi(i lie rcau uiucli ov iml il (• aii-wrri'i hint wlu'llicr 1, No I hicaiisi' it |H'c\(iii.- inc Wnin lliiiikiiiL;'. Il i- lln' ;j;i'a|ii)liiiL,^ ami ,iii'a-[iiii,u' wliat a man ilocs rc^id, tiiat bc'iH'lit- liiiii. Sonic men ovt'rloaili.d iIr' .-tduiacli ; tlic cllri'i j, an allack of (lys]i('])-ia ; xnwv oviM'luad the brain, tliat i- (-(iiially (.'(jiiLri'-tiM'. lial my liiinoralilf I'rii'nd liinisclf [iiMvrs tliat tin' .-tndy of tin- law mii nrr iiut llic \vl a Mian s tain' : In' c .ll.'Cl.- liis -laliMics on (;V('iy \arit!y ol' .-nlij'.'t't. allciid- lo liis li'u;i-lativi: duties, and [inr-iir-. hi- law a\(icalion,i also. The liiinoralile gentleman rel'eiTcd to Demo.-lliene-. Thai icle- hrak'd Athenian orattyr look nmeh jiain- with him-elf; he was allllejeil uith an imiiedinient in his sjieeeh, and to cure that he went njion tlu' sea-shore: and with the Ln'e'en hill- of his eonnlry hehiiiil him, while the, vaves of ih" ocean rolled in and da-hetl their I'oam \ijion the .-t rand, with pehldes in his month, he ileelaim"d 'ill hi> nlleranee wa- free. My honoi'ahle and learned friend niiL:iil. with mueh lieiielii to him-tem. Sir. I seldom enter the .-iipreme eonrl ; hiil I ha\i,' never lioiie there hut niatter for dee[i reflection has attracted my allenlion. Some |ioor d e\ii 1- ar- raigned lor hi- life ; he ha- oj)i)0iic!i rcclin:^ lias lonj^ since passed away. I complain not of tlio opposiiion wliieli llie jirofession liavc given to lliis measure, except it may 1m; slightly of ili-; lionoralile member for King's ; bnt so far from being jealous ol' his lal(iil<, iiolliiiig would give me more pleasure than to see bim a-Miiin' the highest jio-ititju adainabh' in bis profession or bis coiMitry. A moasuro vas introdueod by INIr. IToavc, at this sossion, which met witli very general support, and passed through boili l)ran('hcs by larg(> majorities. It was entitled " An act to divJtU; the county o( Halifax into townships, and to confer ?vrtain municipal privileges upon the inhabitants thereof." This act dividetl the metroi)olitan county into townships of modcn-aic exteni, antl gave to tlu; peo[)l(! nninicipal i)owcrs to regulate and control their local allairs. They were authorized to raise by assessuu'nt funds for the support of education, of roads and bridges, of ferries ; for deepening rivers and wate, courses; for the erection of town houses. The election of township oHicers, including magistrates, was also conferred upon them. Lord (irey took exception to this part of the law, and tlu^ Queen's assent was withheld. The experiment, we think, would have worked well, and if it hod, the law, long before this, would have been adopted in other counties. In closing the session. Sir John Ilarvey said, "I have marked with great satisfaction the enlightened princi[)les of connuercial policy which you have adopted, the loyal sentimeiits you have expressed, and the steadiness with which you have guarded the Constilution established by the struggles and sacriticcs of the past." IM. /,! 1 ■;'?■:;. ii ' >■''; 1,*' '-HSfctfi ^HipiPliKf ^^^^^W'R^ ^^^^HHk|,',^ ^ END OF VOLUME FIHST. profossion, not of tho , (.'xoopt it rroiu being ro than to