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IMapa, platea. charts, etc., may be filmed at different reduction ratioa. Those too large to be entirely included in one exposure »m filmed beginning in the upper left hand comer, left to right and top to bottom, aa many framea aa required. The following diagrama illustrate the method: Lea cartea, planches, tableeux, etc.. peuvent Atre filmie i dee taux de reduction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il eet filmd i partir de I'angie supdrieur gauche, de gauche A droite, et de haut en baa, en prenant le nombre d'imegea nAcaesaira. Lea diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 S 6 THE WeW BRUMSWICK MUSEUMS latemettt $1 RELATIVE TO THE PROCEEDUIOS 01!^* ^-.. :M--^[ HOITSE OF PH WEDNESDAY -rttKTHHlD, ANIl T^»lWI>AY tip*«i!^lf OF MAilCH. 1803. AT TH|; CLOSE^ THE L AST^^Ii^ ■J ADDHXSSSO TO THE li^ABITANT|5 OF NEW-BRI9K#rK3^ W m READ AND RECEIVE LIGHT. ssmammsBmaBmrnmimmmamiisBsm PUBI.ISHED BY D£SIRE« PRINTED FOR THE AUTHCm. •»••*•'•<••••• 1802. 34f7 -1 #'i —— *r: V 1 5TATEME I WAS at Frederic late session of the G( the many attentive ai ceedings of Wednesc fourth of March in Tuesday, that all the ed, whiph could claii of the Lower Houj Lieut. Governor's as two of these bills the not been then receive signified by the Cou alteration had been r sequence thereof — tl above, and that the ] of them, had determ ation therein, as the the Council had no manner of appropria ercise of any power < negative to, or con< circumstanced, and ; ing the business of 1 lated to the duties o iinniiiimi ■iitfpitiaifca^iaCgKwiWMtt^Maec^si: STATEMENT OF FACTS, (^c. i WAS at Fredericton during the latter days of the late session of the General Assembly, and was one of the many attentive auditors in the gallery to the pro* ceedings of Wednesday the third, and Thursday the fourth of March instant. J had been informed on Tuesday, that all the business of the session was clos*^ ed, whiph could claim the attendance of the members of the Lower House, except that of receiving the Lieut. Governor's assent to the bills sent up ; — that to two of these bills the concurrence of the Council had not been then received — that some objections had been signified by the Council to one of them — ^that some alteration had been made by the Lower House in con- sequence thereof — that a further objection had arisen above, and that the House of Assembly or a majority of them, had determined on making no further alter- ation therein, as the same was a money bill in which the Council had no right to prescribe the mode or manner of appropriating, nor were entitled to the ex- ercise of anjr power on bills of supply except that of a negative to, or concurrence with, the whole. — ^Thus circumstanced, and a majority of the members viiew- ing the business of the session as clo^d, so far as re- lated to the duties of the Lower House t it appeared -- • ~«f- to them, I was toU, unnecessary that the whole should remain at great expence to the province, and no small inconvenience to themselves, for the completion of mere matter of form 5 and therefore they returned home; havHigfolfiUfed, as t*..y say (andTthihk. jwtlyr ■ their dut-estotheir constituents, to whom and to the House ot Assembly diey are amenable ftw the full and faithfial execution of the trust reposed in them: the departure of eight members on Tuesday left only ten behind, mcludmg the speaker (a number incompetent to the exercise of their legislative function&as a House which It IS fair to presume was a fact in the know- Jedge and contemplation of the, members who with. «rew from a longer attendance as useless and oppres- ,JlT' ^J' ^"'"^'■* ^ ™^" "'' ^"""^ observation, and would wilhngly communicate .for the information of the puhhc, the lights I derive from a cool and dispas- sionate attention to those matters in which the public appear to me to 6e raateriaDv interested. In the evening of Tuesday r understood m part ^hat I witnessed in the House on Wednesday, and in particular that some great lawyers were of opinion that any number of members could resolve themselves into an House, competent to the exercise of all those functions to which heretofore thirteen had been thought absolutely necessary : I heard once of a man ^hose grief for the loss of a shrew of a wife (whom he had that evening seen securely nailed up in her co/- .fin and deposited in the family vault^ was not a lit- tle increased about midnight, by her return home ag^in with the S disturbed her ua fing^ii a^ ring wh her to rest!, or deposited with that what we i with an earlier i •n I, ha-ving hea^ next day witiioi stalion< in the gc nobJe colonel in that the judges < are members^ of thi^ rig;ht Ln the business, aixd to as a House eom; ed full of zeal a astonished at th •umed tO' intern should count tlv members weee i young man the and very preposi We Coloners co it will more cer was the gentlen give» to the I the bill for the e that useful piec this province are to the parish I a^^in with the' Sexton's lanthorn, who had wac1|ed))l disturbed her nap, by, a rude afttcmpt) to take from her fing^n a> ring, which her good man in hi* h?i^t4t to.put her to rest!, or through fear of di&turhiing her,, had deposited with hen. I mentioathia anecdote to shewj that what we repose Co- a coffin w'lW sometimes, meet with an earlier resuiwertion than we UBualJy^ Qalcidatfl •n;, ha-ving heard so much out doors,. I waa aot th^ next day widiout some expectatioft to hean,, frorti mjf statioHtifl the gallery, the overture which, cama fj5om ^ noble colonel in his pliace in the; House ; proposing that the judges of the Supreme Court (whcr by tfi^b)! sure members^ of the Council) should be consyuJtte4 on thig rigjht in the members then pitejsent to pcQceed ta business, aixd to the fuU exercise of dM their funct;ioBa» as a House competeni thereto : thegeatleman apptftr** ed full of zeal and confidenccj, and to be soraewlia^ astonished at the assurance of Mr, St — *-t, wHo pee- •umed to- interrupt him, by a motioa that th^ speafceB should count the House ; which being done, only ten members wese numbered, including the speaker. A young man then arose apparej3.tly of great d^dencet and very prepossessing address; I think he was the no- ble Coloners colleague, but kst I sihouli^ be mistaken* it will more certainly describe hm by saying that hQ was the gentleman, who, earlier in the session, had given to the House (in the course of a debate on the bill for the easy and speedy recovery of small debts) that useful piece of information, that the jv^sticea q| this province are limited in the exercise of their powera» to the parish in which they reside i (a Qircumfitancc i--A the House would have remained quite in the dark about, if the gentleman's deep erudition and elaborate course of law-readings had not enabled him to the ow this light on the subject) this young man, I say, arose in support of the Coloners proposition ; Mr. St 1, requested that if he meant to bring forward any mo- tion, he would reduce it to writing : this he in part did, or appeared to me to do, and then moved " that the House of Assembly do request the opinion of the judges on the following question," which he read from a paper in his hand, viz. " Whether any number of members of the House of Assembly less than thirteen be a competent number to legislate as one branch of the legislature." The motion ^was seconded by the noble Col. and was supportedalso by Captains, A n and McL n: Mr. St 1 then argse, and after expressing his great deference and respect for the judges of the province, and for their opinions in all matters where they could with propriety be referred to ; he with some warmth opposed the motion and its object as unwarrantable in every point of view; he observed that the powers of the House were de- rived from the constitution and could neither be di- minished or extended by any authority but their own — that ancient usage was the only guide to the proper exercise of the powers vested in theih, iandwas therefore termed the Law of Parliament; — that the usage of his Majesty's Colonies had established thirteen as the number absolutely requisite to the for- mation of an House for the dispatch of business: — That a less number were not competent as a Grand Jury to find a bill c the peace, against to be considered as Province, it would number of them sh bills which were tc pertie« of His Mqf( Province. It had b member from Kin which restrained a the full exercise of to this, he would oi ally made for restra for persons of a vc House of Common dignified body; — t law suflicient for i though they were t . yet their important Body, was such, tl usage, requisite to 1 without that numb ble usage in that Hi ficient to prevent tl to receive a messag of adjournment : — 1 things with great, yc paratively within tl of Assembly of Ne^ fied Bodv ; — that w them from their firs ■^*«i*«!::^.. w Jury to find a bill of indictment at a general session of the peace, against one subject, and as the House were to be considered as a Constitutional Grand Jury for the Province, it would be absurd to presume that a less number of them should be competent to the passing of bills which were to effect the lives, liberties and pro- perties of His Majesty* s subjects at large throughout the Province. It had been observed, he said, by the senior member from King's County, that there was no lam which restrained a smaller number of members from the full exercise of the functions of that House ^ — ^and to this, he would only reply that laws were not origin- ally made iox restraining men of honor and probity j but for persons of a very different description: — that the House of Commons of Great Britain were a great and dignified body; — that their own usage was to them law sufficient for securing their privileges; — that al- though they were the great Grand Jury of the realm, yet their importance and extent as a Representative Body, was such, that forty members were, by ancient usage, requisite to the formation of an House, and that without that number (including the Speaker,) invaria- ble usage in that House had always been found law suf- ficient to prevent the Speaker taking the chair (except to receive a message from the King, or for the purpose of adjournment : — that though it was comparing small thingswith great, yet he thought himself justified (com- paratively within the Province) in viewing the House of Assembly of New-Brunswick, as a great and digni- fied Body ; — that what had prevailed as an usage with them from their first existence, and with all other His •% 1 I I tMaJCTty's' Colonies in America, at all times, cotnanot ^ conceived, need the support of stronger tew to en- •foroe thecotltinuanee of it«* practice ;\ut to mfrmge «on it forthe very purpose, which It was meant to guartt -.Bgainet, that of taking the Mouse h wrpriif, was an ^rttempt the most dishonorable he had ever witnessed} •he therefore moved that the Speaker quit the Chair, in .whichhe was seconded by Major D-mi, a respectable wtewnofficerof the half pay list, and the only mem- iberiwithhim in bisopposition to the formidable_pha- Uanx ofseven, who seemed determined to bid defiance -toall those'bonorable 'tie* of usage which the House ftiaaiever held sacred. * , ,. j ..^ Tfhe-Speal»«r aecordingly arose and adjourned the .'House at half past one .till elcrven the next day. The shockwhiehthis'adjournment gave to the Seven -Champions (not of Christendom) but of the—- •was easylo'be discemed'by the strong traits of dismay, disappointment^nd chagrin whichmairked the counte- mances df the whxile; thenoWe Colonel (as eoraplete- ilvutihorsed as Richarti the Third, at Bosvvorth'Eield) railed aloudfor the Speaker; Mr.St-t, ,«fh assumed T;ravity,recomme!<.dedtohimthe election of a newxjne ; m.e mottification wastoo-gteat to bepat.*.Hy _bome, «nd the Seven' Champions suddenly decarapea -trom 'a nonger^exposure-topublic ridicule' andwAtempt. Hereil'moit dtgressa little, and, as«nKHi xif 6bjerva- ttien.«xpre»s'my-sufprise'ftaftherery mrjdest^ai^ m- ™to MK.eomptte.cy «f .a-less'nurtber'Aaii'ftm:- ill 4 leen to legislate < the necessity of i that on Wednesc the Chair, the s House below (as sultation above} semblance of uns tween the twoH openhabitsof C01 might 'be suppo took it for grant< on both sides w could not but be tlemen (on their opinion of their learn j I have be in the world tobi subscribe to the never found any and as the Devil acquaintance ar< could wish them Curiosity has : occasion, it had voted fabric of n Thursday fuil of s portentious of s< discover it, and V quite in the darl noon, when the observe before y leen to legislate on a pmch) should have been under the necessity of making such a motion ; for { noticed that on Wednesday morning, before the Speaker took the Chair, the seven gentlemen withdrew from the House below (as it appeared to me) to a general con- sultation above } [ thought at the moment it had the semblance of unanimity and a good understanding be- tween the twoHouses^and that where there were such open habits of communication, an unlimited confidence might 'be supposed to subsist : I therefore confess I took it for granted, that the opinions of the gentlemen on both sides were well known to each other, and could not but be a little surprised at the anxiety ot gen* tlemen (on their return to the House) to obtain the opinion of their friends above : but we must live and learn j I have been often told that its the easiest thing in the world tobe mistaken, and I believe I may safely subscribe to the truth of it, for simpleton as I am, I never found any difficulty in the science of blundering; and as the Devil will have it, the inquisitive part of my acquaintance are always sure to see clearest when I could wish them blinded with snufF. Curiosity has led me many a dance, apd upon this occasion, it had taken full possession of my poor de^ Yoted fabric of mortality: to my post it hurried me on Thursday full of speculative expectation, fhe day seamed portentious of some great event^; but I CQuld not ydi discover it, and with all my watchful attention remained quite in the dark tiH d)out half past two in the after- noon, when the ^eaker took the Chair: all I could observe before was a general confused bustie, detached : L. > . ^t '■'■'■ <'•' I ^1 ''^Ei 10 whispering parties in different quarters^ frequent visits fr<:)m tlie gentlemen below to the gentlemen above ; great appeavanre of treaty andiiegoclation,but nothing intelligible; at length the Speaker having taken the Chairrrequested the members to take their places, i • Mr. St-^ moved to count the House: The Speak- er counted it, and found only eight members incJud- ing himself. The member for Queen's and his col- league bad retired to the Otium cum dignitate of recess -, he was certainly one day too late. I believe the man with the iron mask would have caught a severe cold during the latter years of his life, if he had taken it off for a day, and exposed his resl face to the world; and I suppose the sa^- effect would ensue to any other person who has been bng accus- tomed to wear a mask. -^ A motion was then made by Mr. St— — t, and se- conded by the firm old Veteran Major D n, for the Speaker to quit the chair ; this was opposed by all except the Gentleman by whom the motion was made and seconded. A message then came in from the Council with a Bill in addition to an Act to regulate the Terms of the Sittings of the Inferior Court of Common Picas, &c. with an Amendment, which was read and concurred in by all except Mr. St 1, and Major D n, the former expressing himself nearly in trese words; — I will neither Gay Yea nor Nay, as I protest against the Speaker keeping the Chair, or proceeding to any busi- nesi to whi^h the members present are incompetent; in which he was joined by Major D— n. ft 'W A message th( ing a conference for appropriatiii! except Mr. St— of whom desirec proceedings; bu A n, and M ried out to the < minutes or ther House, deliverir me the Bill in qt expressive, I pre! to, and at the s; they required th< to be expunged question was th words " Samuel punged; and pa then that the Bil St 1, to mak proposed; and I turned the Bill t( alteration in a Bi instance of a fe\ declared that the teration whateve I could discern. Bill was returnee? sent a message ii rence therewith. V**fc-"-*'iT -^ II A message then came in from the CouncH request- ing a conference on the Bill for raising a revenue and for appropriating the same, &c. to which all agreed except Mr. St 1, and Major D n, the former of whom desired to be heard on his objections to these proceedings; but whilst he was speaking the Captains A n, and McL- n, appeared to me to be hur- ried out to the conference which was settled in two minutes or thereabouts, and they returned to the House, delivering to the Speaker, as it appeared to me the Bill in question, together with a written paper expressive, I presume, of the Council's objection there* to, and at the same time infoi ming the Speaker that they required the words "Samuel Denny Street Esq.'* to be expunged from the 17th section thereof. The question was then put by the Speaker; whether the words " Samuel Denny Street, Esq." should be ex^ punged; and passed in the affirmative, I observed then that the Bill was handed by the Speaker to Mr. St 1, to make (as Clerk I presume) the alteration proposed; and I also observed that Mr. St 1, re- turned the Bill to the Speaker, declining to make any alteration in a Bill that had passed the House, at the instance of a few members,, of whom he himself had declared that they possessed no power to make any al- teration whatever therein. The Speaker-then as far as I could discern, made the alteration himself, and the Bill was returned to the Council, who, shortly after, sent a message informing the House of their coacuj:"* rence therewith. I mmm iiO M iiw—fc i * a m ,~5r.**»H«»»^ ■-*♦- ••^- fi 12 And thus I conceive the first ordinance for raising a revenue in this province, and for appropriating th« same has derived its birth. That v^^e shall never hare a second, I feel the strongest confidence, and that the first may meet with no resistance from the public, I sincerely hope, for the preservation of the peace and harmony of his Majesty's Province, as I have pride in asserting myself to be one of his firm, loyal and affectionate subjects. But if any have Infringed the privileges of the House, and have usurped the exercise of powers they had no just claim to, for the purpose of altering two Bilh which had duly passed that House, 1 hope they wUl be made ^nswerable for their conduct at a future day, and that m a manner so exemplary and effectual as to prevent any repetition of so daring an outrage on our Consti- tution in future. For the purpose of fair investigation, Mr. Printer, have I written, that the public may be informed so^ to enable them to form a pwper judgment of the fact^ I have presented to them j iind I here challenge the tletection of one single error in statement throughout this letter. Ofa the second of April, 1604, the House ofCom- inons of Great Britain, m»de the following rule >- " That a qudstion being once made -and carried m thfc affirmative or ftegatrve, cannot be questioned again, but-m^st;^tand as ^Judgment of the House, "--Thh rule has never been deviated from, except 'tn instant ces where a question of weight may have been put in a thin House, and the consideration of it afterwards k claimed by a fi ing more fully t members. What then sli those who reve and arfter a ques 6ftd negatived', i posed wholly (e; who held the ql put. Read and rec be given to you. On Monday t propriating and read the third ti then mftde, tha Esquire," betake inserted: upon^ tiays ten, and th On the Thun |jresent, indudir vote) and five of who held the ^f] i^ut ; the questio words " Samuel hiil, and the sam Thus you musi mode of putting j -motive ifjve, w vious negaiive pfi fSmM^"^ frl5R^«l|^*i'.-!«.'«^:;a««ii!ff£K"«»«?;S^^^ i -•'^^^V --wj.'.iw »W>WiP"liW'l i»iif March, 1802, a biH for ap* propriating and dispodng of the public monies, was read the third time as engrossed ; and a motion was ten mftde, that the name « Samuel Denny Street,, Esquire," be taken out of the bill, and the word 'Uhe'* itiseirted : upon whkh the House divided— -yeas seveo. nays ten, and the motion was negatived. On the Thursday following, seven Members only fjresent, mduding the Speaker (wiio wete entitled to vote) and five of the seven well known to be of those who held the affirmative when the question was first fwt ; the question was agam put, for expunging the words « Samuel Denny Street, Esquire" from the said *ill, and the same passed in the aflirmative. Thus you mustperceivfe, Mr. Printer, that by this mode of putting the <|uestion a second time, the ^. -mative ^f^fhe, was aUowed to premUs^Zimt the pre- y^^^n^aiivetfttn. ,}imm-Ti>\f*-'0l0if^- '"* L •\ U Xs\h\^ a fair and honourable ducharge by our Se^ Is this a J ^^^^ ^^^ ^^ „ ,1 blood, and sacnficed so many ot ou and connccions. dunng a ng a d ^^^^ ^^^'^' '^"rexerds ouSghtto elect those by we are agam to exerc.se qu g whom we are to be represented, and who ^^ x?T ' the P ace and harmony of His Majesty's disturbmg the peace , effectually redress caution .s S-"- J'^J^il^pLd candidates for your any part,cularper ons orp P ^^ future confidence ^ .t .s not ^^^ ^^^ ^^ interested purposes ; ''""*''_°P . those invaluable joled and flattered mto a sacrifice ot those privileges, whic tions. And it i incontrovertible theProvince at iHlml'tbe wei who mayconsic bers reprehensil For the infor to subjoin the f< " It doth not law, custom, c Jnslit. 50. " AVhen laws than that by wl 1st. inhisspeec tingham, 1642' Rush. tioL 3. pti " The differe an ordinance in wanteth the thi or two of tl^m, The applicati need any comnr 15 privileges, which you derive from the best of Constitu- tions. And it is a caution preceded by a state of facts incontrovertible in themselves; highly intere^ing to the Province at large ; and in a particular manner en- ■Wttfmi' the weighty consideration of those Counties, who may consider the conduct of t! eir present mem- bers reprehensible. For the information of the public, it may be proper to subjoin the following parliamentary authorities, viz. " It doth not belong to the Judges to judge of any law, custom, or priviledge of Parliament." Cokeys Jnslit. 50. " AVhen laws shall be altered by any other authority than that by which they were made (says King Cba. 1st. in his speech at Newark to the inhabitants of Not- tingham, 1642) your foundations are destroyed."— Rush. wl. 3. page 653. Lex. par. 359. " The difference between an act of Parliament, and an ordinance in Parliament, is, for that the ordinance wanteth the three-fold consent, and is ordained by one or two of tl^m." Coke*s Inst. 25. Lex. par. 365. The application of these authorities is too obvious to need any comment from CREON. ^W \