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IN THE HOUSE OF ASSEHIBLY, On the 19th March, 185r ;;< ' ON INTBODDOINO g^a3(|>^l|^2(|>£r3 ¥0B 0EFINI1ICI THE NATURE AND FOUNDATION or THB Selfs0oi>f rnmetit of iNfoliJi &tom IN HER I.OCAL AFFAIRS: AHD IN FATOB OV AK « • ELECTIVE LEGISLATIVE COUNCIT, «ijr- ■■«":■,;. ts '■-. "\./"\^. rv' j^v ^ vwv>^-^./--^ ^j-*. y ■iPOBTBs FOB nn BmnsB ooiamist, ByJ.E. Cii9MKii:.i., Biq.|BepiiMr tothe AiMinblf. /:■ HI •H .^-■^.' ■''■■ 'tif n ') 3.1'^ ^^; > .■• 1 ". '• n 'Si.,:: 'if. ^Vi -^ ''' y to be impaired in tlieir influence over me, the hdnor of representing your noble County, endeaied to me by early recollections and the experience of mature years, would not fail to animate ray flagging energy: and it is my happiness to bo united with so many of you by personal friendships and relations of the strongest influence, that the desire that my parliamentary conduct should meet your approval is more an impulse of my affections than the result of political considerations. It is therefore with some solicitude I submit for your judgment the resolutions I lately moved in the Assembly, and the speech introducing them. That they should liave been the object of vituperation on the part of my political opponents furnishes neither matter of surprise nor occasion for doubting the soundness of my views.— The leaders of the (so called) liberal party, ought indeed, in consistency with their own prin ciples, to have supported the resolutions ; but we have not reached this period of our political history now to learn, that professions sowed with profuse abundance, may yield a scanty harvest. I am, however, desirous, that neither the objects I propose nor the motives that animate mo should be misapprehended by my friends, or by the disinterested and intelligent among tlio population of the Province. , Let it be not forgotten that you are not, nor am I, answerable for the extremes to which the Province has been driven in its political career. In tJie winter of 1843, you elected your Represeatatives on principles of moderation op- posed to nltra pariy views ; and until the election of 1847, my Colleagues in the Government, and myself, sought, as far as the violence of our ojiponents would permit, to effect such an union of parties as would have stayed the surges of political strife. Lord Palkland and his Council in that period found no difficulty in reconciling the apparent incongruity of an inde pendent Governor and a Council responsible to the Representatives of the People. His high sense of honor, inflexible integrity, and unwavering veracity, were a safe-guard against the violation of either public or private rights. His respect for the position of his Council left them free to meet the obligations which their responsibility to the people imposed. But after what has passed in the last two years, I abandon as impossible any salutary con- troiil in the future, by either Lieutenant Governor or Colonial Secretary, over our local affairs ; and as attempts to restore tha» control would inevitably lead to struggles endangering the peace of the country and the Colonial relation, I judge it to be an imperative duty to avert those consequences by removing their occasion. •,.,.,,...». The necessity that this surrender shouljj ,1^^, fpjm ally ^c^pijypi^bj; our Letdlilaiurc. and ac. knowledged by the Imperial Govcrilment, is enhanced by the nature of the British system of administration, which places the nominal and the real powers of Government in different hands, — giving to a Governor, without whose name scarcely an act of administration can be performed, plausible occasions to usurp an aclwA authority inconsistcut with the constitu- tional rights of the people. That necessity, had it been questionable before, has now, however, been made certain by tha character of the opposition which the leaders of the liberal party presented to these resolutions : for if the opinions tliey propounded in the Assembly be correct, the self-government in its local afl'uirs conceded to Nova Scotia is but a fraudulent duception— which, having helped a few individuals to power, oflTers, for the future, nothing but uncertainty and contention. The power of the veto on acts of Legislation, and the power of dissolution were claimed as iitbstanlial and lejitiiualn functions of the Lieutenant Governor's office, in opposition to my assertion that in our local affairs they were but lodged with the Lieutenant Governor ceremo' nially to be exercised substantially by his Executive Council ; and to avoid one dilemma, ano- ther was cncounicrcd when it was afHrmed that the Lieutennant Governor's assent was ne' cessary before a measure of government could be introduced into tlie Assembly. Here, then, is the issue between those who opposed and those who supported my resolutioni. The country must judge. It was charged that the resolutions tended to weaken the Colonial connection. I think, if accepted hero and in England in the right spirit, they will produce an opposite resnlt, by re* moving occasions of future intrigue and contention, of which the Lieut. Governor would be the centre. If, however, these resolutions bnt propound what is essential for self-govemment, let not those who claim the credit of that system, accuse ine of wrODg, if I bntl bold (hem to ibn eontistcnt doTelopement of their own principlei. »•.. w r- sr-ia; .!• i: ..• .o ■■■iPL" •■ ^jpnfp^i JWIPPPMI Ul-i.i,. ir I have been loudly accused of disrespect to the Colonial Secretary and Lieut. GoTCrnor- Biit if 1 have merely exhibited their public nets from adcrtowledgecT documents, th' imputation tun not justly rest on mc without destroying that free discussion essential to th '^cli-bcing of the country. And here it is proper to say, that neither Sir Rupert George nor Mr. Fairbanks, has beei directly or indirectly, party to or cognizant of anything I have done or said in relation to thei affairs. The introduction of the resolutions was the result of no hasty consideration and the respon Bibility of the measure rests on myself alone. Some years since I perceived, and in debate stated, the difficulty which the present constitu tion of the Legislative Council would prcscntto the perfect working of responsible governmertt and in the moment that Earl Grey's despatch was read in the Assembly, concerning the Depart mental Bill, I publicly declared in my place my opinion that the course he had adopted per manontly affected the destinies of the province and the nature of its connection with the mothe' country. Continued and mature deliberation having strengthened those opinions, at a comparative!; early period of the late session, I gave verbal notice of my intention to introduce resolutions or the subject ; and the resolutions thrnisclvcs were fu ly decided npon and in prcparntion, bcfon Lord John Russell's declaration relating to the Legislative Council of the Capo of Good Hopi was known here or indeed had been made in Parliament. They were not offered as a paity measure, although this character was attempted to b< fi.xed to them, and every member who tisu.'xlly support the government voted against them on the other side more freedom of opinion was exercised ; and I lifitcncd to ray friend Mr Hall who could not adopt them entirely, with sincere pleasure, although without being changei in my own sentiments. As usual v.-ilh him on such subjects, his vigor of mind and originalitj of thought and expression threw light and perspccuify on his arguments, while the charaeteris tic honesty of purpose, and integrity of principle, which he exhibits in the A3.scmbly were eqnall; conspicuous. I cannot conclude without bringing to your notice the statement of the Speaker, in debate that last Autumn, he was toi>-^ .;..„_. ..' .i.,_, .::—.~^f^ rests on no foundation more stable or secure, ilence is it incumbent upon the people and their friends as they value what they now pos- sess, or as they ileprccnto future agitation, carefully to guard against the possibility of undue changes that may undermine the fun- damental principles they chetish, or endsn- gerthe tranquillity of the country. These resolutions have two primary objects in view. The one, more particularly connected with the Executive— and Lieut. Governor, is designed to effect three benefits ; first, to de- cisively declare and fix the authority that belongs to the office of the Lieutenant Gov- ernor ; secondly, to secure the power of the Colonial Executive; and, thirdly, to diminish the burdens of the Province in relation to the Lieutenant Governor. The other braich of these resolutions touches the constitution of the Legislative Council. 1 desire not to invest this subject with a party character. If the views I have advanced in the resolutions shall prove to he sound, they should recommend themselves to men of all parties, and especially to those who class themselves under the name of " Liberals," — because all men are interested in removing uncertainty and occasions for future agitation, and they who value the existing principles are concerned in giving them permanency. It may be said that we should leave this subject in the hands of the government ; but I do not think so— especi- ally in the hands of a colonial government, which placed between the influences of the people on the one hand and of a Lieutenant Governor and Colonial Secretary on the other, may be called upon to endanger its own interests in maintaining the just autho- rity of the Colonial Executive and the rights of the people. It would not be prudent therefore to leave a '-uastion like this to be dependent on the vigilance and integrity or the self interest and supinenesB of any govern- ment. Jt will be necessary for me to substan- tiate the declarations in the preambles to these resolutions ; and I shall begio by show- ing that the British Government has surren- dered to this Colony indepeadence in the mauagement of its local affairs. This 1 shall do from authoritative declarations of the Prime Minister and the Colonial Secretary, and from the administrative acts of the Colonial Secretary. It may be said this preof is un- necessary. Sir, it is not unnecessary. No- thing is more common — nothing more dan- gerous — than an assumption of important truths upon evidence ill-defined and feebly adopted, dangerous to individual interests — how much more dangerous to public rights that are not guarded by the same watchful care. No, sir, do not let us suppose that these references are not reqaired. Let us know, if such is the fact, that as regards our own local affairs, we are now independent, and let us also know clearly and certainly upon what foundation that fact rests, that our constituency now — our children after us — may be acquainted with the origin, the secu- rity, and the extent of their privilo|[e8 and liMrties ; — the rights which they enjoy and the reasons on which they claim their enjoy- ment. First, then, let the committee noticii what in his recent speech on colonial afTairt, Lord John Russell has said on this subject. " But it (referring to the Canadian indemnity Bill) was an instance how diflioull it would be to draw any line on the sub;eet, and that in attempting to 'iraw such a line you would only raise disputes ; (i/( that you had belter iland on lite yiiicral praclical distinction, that it rnisoriy in canes where the admimslration of the Colony came in quention, that the aitthorily of the Crown shoitid be, interjwstd ; hut that as to local affairs the lAfi'.slature and Executnt of the Colony should he the best judges" * I next refer the committee to the debate on the Rebellion Losses Bill. To appreciate Lord Grey's remarks it most be recollected that Lord Brougham had moved that the bill should be so altered as to—" provide security ayaimt compensation for losses sus- tained in the rebellion being given to per- sons who had abetted it." Earl Grey con- cluded his speech with the following ex- ceedingly significant remarks :— " It was his firm conviction, that by passing such a REsoLb'TioK, they would shake ttiat con6- dence which all parties cherished in the system of Government now happily esta- blished there, and lead them to suppose that they were not to be allowed to deal in ■ manner which would be satisfactory t^ themselves with matters of domestic and internal concern. His conviction was, that to come to such a decision would he dangerous to the security of the Canadian Government. It was on these grounds that he trusted their Lordship* would concur with him in refusing assent to the resolution of the noble and learned Lord." 1 content myself with these two declarations— they come the one from the Prime Minister, the other from the Colonial Secretary ; and they are too explicit to re- quire comment. Bo., sir, 1 shall turn your attention to three B(;ts of Earl Grey which ■peak more emphatically than any despatch- es or theories. 1 shall show by* these acte that the British Gorernment has withdrawn altogether from the controni of the affairs of this country. The three subjects 1 allnde to, are the dismissal of Mr. Fairbanks, the repudiation of the arrears due to public officers ; and the ease of the excluded justices of the peace. I am not now going to com- plain of those acts — but to show that they give a decided proof of the correctness of the premises I have advanced. In each of these eases, Earl Grey would have acted differently from what he did act had he not surrendered the duty of his oiine to the Colonial Executive ; and the greater the sacrifice ho made of honor and of duty, the HMpe clearly is it apparent that the inde- pnia^ce of the Provincial Government has been conceded. 1 shall dwell no lunger on these points than is necessary to establish my conclusion. In the first case, 1 have mentioned — that of Mr. Fairbanks, the act which Earl Grey affirmed at the reiterated bidding of the Provincial Authorities, wac Bv HIS OWN •HowiNO, t»\. " extremely preju- diciai to the public interests of the Province ;" (these are his own words ;) /Secondly, contra- ry to English precedent ; 3rdly, opposed to the official act of his predecessor — ao KOt within the scope of that predecessor's legi- timate authority, and under which ^V^ i^H«i ^^mm Faiibanka wai tppoinUd ; 4thly, oppoMd to tha eonieqaent juit oltimi of a public offloer who had relied on the aHuranca of the Bri- tish OoTernment ; and (thly., it wai incon- ■islent with Earl Orey'a own doctrine, according to hia deipatch 31it of March '41*, that thereafter " it would be proper to re- cognise aa an invariable rule that no perion ■hould be remoTed from oflfioe without a provision, except for misconduct, unless he had accepted it on the distinct understanding that it was to bo held during pleasure." It is clear that Mr. Fairbanks came not within the scope of the exceptions. Here are five propositions drawn from Earl Orey's own admissions in condemnation of that act of injustice ; and the excuse which the noble Earl condescended to make, that because the salary was annually voted and might be with- held by the Assembly of Nova Scotia, a Secretary of State was relieved from his own independent duties, by its purility, but strenglheus the case : and certainly exhibits no high sense of moral obligation or dignity. 1 turn, sir, to the Journals of tiie last session, to show you Earl Grey's crowning act in this affair of Mr. Fairbanks. Under date of Nov. 15, 1841:1, he surrendered all to the independence of the Executive of Slova Sco- tia in these word* : — " 1 freely aeknowledge on behalf of her Majesty's Government that the question involved in this act, exclusively affects the internal interests of Nova Scotia, and that in accordance with those views of the principles on which the government of the British North American provinces should be administered, (and which I have mare than onee had occasion to explain,) the opinion of the inhabitants of Nova Scotia in favor of this law, as expressed through their Representatives in the a'ksambly, ought properly to prevail, even though her Majes- ty's ministers may not concur in thinking that it in framed in the manner best calcula- ted to promote the real interests of the proTinee." The neat case which proves that the Bri- tish Government have surrendered their con- troul over colonial affairs, is that of the arrears. Take the following facts :— 1st, The emolu- ments of the offices were ensured to the incum- bents by thoir commissione under the sign- manual of the Queen. 2ndly, The amounts of their salaries were not only not reduced, but were by the British Government refused to be reduced, on the address of the Assembly in 1846. 3rdly, The Crown Revenues were so- lemi>ly pledged for the arrears of these salaries by Lord Stanley's despatch, dated 15th Nov., 184r) ; by which the Governor "was strictly enjoined to enter uii no new negotiation for the transfer of the Crown Revenues, of which the payment of all the existing arrears of salaries to the public ofAccrs did not form the basis. — Again, by Mr. Gladstone's despatch of a9th April, 1846, it is declared that no Civil List Bill would ever be accepted by the Crown which did not make provision for the payment of all the arrears due to all Her Majesty's officers in Nova Scotia ; and, lastly. Earl Grey, in his dis- patch of 17th Nov. 1846, stated the payment of the arrears to b« Me essential euxd imiimetuabie prdiminary to the transfer of the Casual Keveane — «dding the very emphatic words :— " To give the only iomum «t satisfying the arrean, without at the same time stipniating for thoir previen* payment, would be to commit a broach of the pledged faith and a violation of the honor of the Crown, to which no imaginable consideration of convenience or of interest could ever reconcile tht Qneen or Her Majesty's advisers." 4thly, The officers having fultillcd thoir part of the en- i^agement, became entitled to the fulfilment of it on the part of the Crown, and the contract being executed, could not legally be revoked or violated by any expost facto net. 5thly, The excuses made by Earl drey were either essen. tially or absolutely untrue, and had tliey been true, were entirely inadequate to justify the violation of an executed contract. 6thly, Vet, in obedi- ence to the Provincial authorities, Earl Grey, iiaving the constitutional control of the crown revenues, and those havinp; been by himself and his predecessors, within tlie scoj'e of their consti- tutional aitthoritif, pled(;ed and ciiargod with the arrears— did violate those pledges and repudi- ate just and legal contracts, by transferring the Crown Revenues before these charges on them hnd been paid. Yes I Earl Grey did calmly and deliberately commit this breach of pledged faith — this violation of royal honor. He did advise the Sovereign to an act which no imagi- nable consideration of interest or convenience should, by his own showing.ever have reconciled ller Majostv or her advisers. Can we doubt ttiat he made the sacriflco to the independence of the Government of Nova Scotia 1 And re- member, that the greater the violation of right, the more strons;ly is my conclusion established. The third instance of the surrender of local uncontrolled power is that of the excluded Jus' tices ; and of this instance 1 may merely say, that 100 magistrates were dismissed — 100 living men —not 40 of them dead, as Earl Grey, untruly, in the House of Lords asserted there were— among the best in the country ; not dismissed because they were too numerous, for there were 2.^0 new magistrates appointed in their stead, — not be- , cause they were unworthv, for charges against them have been asked tor and refused. The royal instructions enjoins upon the Lieutenant tjovernor, that he " shall not displace any justice, without good cnuse signified to the Secretary of State." That, sir„/ifls been the Imperial policy ; and if we had Earl Grey's despatches, which have been denied us today by an act of the majority, I dare say they would present a very admirable lecture upon the impolicy and impropriety of interfering in this sweeping and party manner with the local magistracy,— for his lordship writes good des- patches—ending however with saying, "Never- theless if your Executive Council, supported by a majority in the Assembly, shall continue of opinion that the administration of justice in the counties ought to be debused, and oppression made the penalty of political opinions, her Ma- jesty's Ministers cannot interfere again. . raeas^ ures which you assure me arc in accordance with tho wishes and feelings of the people of Nova Scotia, how much soever they may disagree from them." The insulted magistrates have been toUl that her Majesty had received their memo- rials ''very graciously^ This is very polite certainly,— but is there bo answer to their complaint 1 None 1 No reply to their request to know the grounds of their removal 1 None ! Cold, heartless, insulting silence, is the answer their Sovereign is advised to give to these her worthy, loyal subjects, and the administration of jwtice throughout the conntrv, and the ac- .:;^:/'^, BT*« W7CT ,\ knowlfldecd practicn of the uoniUtntiou arc tramploa under f'"** tey;rity ns a stutesmnn— it pleased him otherwise. 80 far I have referred to the acts of the British Ministry. Tho Impe- rial Parliament has aflirmed tho same policy. That august body rejected Ijord Brou((ham':< resolution and nc(|uicsccd in the Compensation Bill that they mif^iit not fetter tho independtnce of tho Canadian parliament ; and althoni^h they had before them, yet they did not interfero with the case of Mr. Fairbanks or of the Mn^ii- trales in Nova Scolia. Having established that the Parliament and Government of England have conceded our in- dependence in local concerns, it only remains for me to shew, that tho head of the Provincial Executive has ceased to exercise in reality any control, anil that tho Lieutenant Governor's of fice hos undergone en eqtinlly decisive chonge. To sustain the preamble of those Hesolutions it must be shown that so long as the Lieutenant Gorernor is nominally the Head of the Govern- ment, thoalternativo is inevitable that the ottico must be one of insignificance or of mischief.— I will establish this point as 1 have lone before, by acts, and I shall ask if those I s'ml! adduce, are consistent with tho independence and the honor of tho Governor; or whether you arc not driven to save him from disgrace, to show iliat he must have been the mcro organ of his advi- sers. Take the Civil List Bill of 1848, in which the uuiaries of subordinate officers were much reduced, and their arrears repudiated, while tho salary of the Lieutenant Govornor was fixed at its maximum, amounting with its adjuncts to very nearly .£6(i00 currency I It is impossible that this could have been done with the consent of any Lientenant Governor, possessed of just views of his duty or of generous emotioii. .N'o, Sir, it could not be. I.K!t us, then, fancy our- selves lookers-on while the measure is discussed At the Council Board. Shall wo not hear his Excellency exclaim : " What gentlemen I wwdd you ask me to reduce the salaries of the Judges in the land, to whom the honor of tho Crown has been repeatddly pledged, and whose salaries the Secretary of State has commanded me to see mnhitained, whilo my own is placed at the highest amount. No, gentlemen! I cannot conieftt. If economy must be exercised, bepin with me, for honor forbids me to sacrifice sob- ordinate officers, placed under my protection, to my own interest." Sv , we are bound to be- liefe wust have been ..is Excellency's remon- Kinmer ; bat his crncl Colmcil ar'jintxorable lliey remiod him Ihtt h« ii th« " GiMdm link' between the Mother Country and the Colonv. and at length silence him with the unanswerablo appeal that Kesponiible Governmont demanded his obedience io their will, lie yields, and re- luctantly accepts tho proposed benefit, and in his closing speech from the Throne seals the wholu niiuter by declaring thai tho Bill wa* one iiuy^iuni.K to the Legislature I As Thorn* son's villi go Nymph, "in all her modest bloom- ing may of charms, seized in some losel's rode embrace." * * * So the virgin integrity of tho Governor— violated under the strong hand of his Council, he surrenders him- self to his fate, and solaces his outraged honor in tho enjoyment of the golden compensation. Surely, surely, Mr. Chairman- mercy to the officer— respect to tho office— reverence to the Sovereign, all demand that the fictitious charac- ter of tfio officer should be removed, and that, if the Lieutenant Governor sit at the Council BonnI, it sliull bo but to add dignity, if digiiity bo conferred- and thatns regards the Provmcial ufTairs. he shall be simply an organ of ofllciat comniuniciition between' tho Provincial and Home Govermcnt. Now let US consider in this relation the case of Sir Knpert D. George. '' I accept your as- surance." snvs Earl Grey to Sir John Harvey, " that Sir liupcrt will' receive fVom the two sources, XBOO sterling— that this sum will be well teaired to him. and Sir Rupert relieved from his just ppprehenslons.' This was written early in ttie spring of 1848, nnd the same vie# of Sir John Harvey's Despatch was given in Parliament by Mr. Hawes in answer to in- quiries put to him on the )3th of May in that year by Mr. Cochrane. Mr. Hawes says that it was true that Sir Rupert was to havn an allow- ance of £400 a year for his office of Provincial Secretary, but "he held another office, on his retirement from wMch, (as we nnderstood) he would receive a pension of nearly double that amount ;" meaning no doubt what would double that amount; and Earl Grev, in a subsequent despatch dated 9th September, 1848, in strong terms reminds Sir John of the effect his former commimication had produced on the Colonial Secretary's mind on this subject. Mark the crisis at which Sir John gave this assurance ! It WHS after Sir Rnpert had been removed by the Provincial Government, and before it was known to what extent the Secretary of State would go in yielding to the wishes of a party with a majority at their back in this house. Yet, after the object wns effected, and Sir Rupert's removal sanctioned by Eitrl Grey, the tone is changed, aswc lately had occasion to observe in discussing tho Registry of deeds Bill. Sir John llnrvey, in his Despatch of 10th November, 1^48, depreciates Sir Rupert's claims, and Is astonish- ed that he would allow his private benefit to interfere with the public weal, forgetting nil the while the assurance which he had made. Sir Rupert, in answer to nn enquiry of Sir JoBn Har- vey, afterward agreed to accept £700 stg. insteed of £800 sterling, and this is further frittered down— lower and lower, until the amount last sanctioned by the Assembly, is £160 sterHmtg instead of £300 sterling, to which he was fairly entitled by tho nrtion of tho present provlnciiil Government. Put these feets together ahd ray if we can believe ine Lieutenant Governor exercised an independent contronl without jropngning his integrity. The cave of the excluded jiutieea is one to which it fs inrptHNible fHat any LieiMMa* ''^WliiirtiiMi'-'--"" — '• -%. ,-*>.'' ^^^^M 4 i Ooremor coaM haw lent hit indaptadwt ■Mction. No Lieut. Governor poRMMed of * ■ptrk of independence, had ha not lurrendered hit authority, could have sanctioned tuch aa act M the exclusion of 100 Jusiicon of the Peace, without a charge and without a hearing— nor could he h tve ventured, a» he did in this case, to violate the Queen't Instructions). I« it not better, then, that ho ihould bo antliorised as an Imperial Commissioner only, (ns in Scotlnml,) without retaining a nominal authority, which only subjects him to oliloquy or contempt. But, sir, It has been repeatedly and fully ad- mitted—nay, urged, that on the principle of responsibiliiy the council only can act— the Governor s name merely being used. I Imvo not been able to lay my hand on a little pamph- let insned some years ago by ilio lion. I'rovinci- al Secretory in which this view of the subject is put forth. The Governor was to be a gentle- man at large, with nothing to do. His duty would be to distribute the spoils of office to the successful combatants in the political arena —the dispenser of the honors at a tournament : —these were his familiar illustrations. Why then retain the shadow, at the risk of moking the office cither contemptible or obstructive ( Sir, the consequences of this alternaiivo do not rest here. The want of respect to the Lt. Governor is unhappily reflected back, and will tend to weaken the veneration due to the Sove- reign herself. The danger to the permanency of the existing constitution demands serious consideration — Let me imagine that the present Lieutenant Governor were removed, and another to take his place who entertained prejudices which placed nim in opposition to the present administration. Might he not present many obstructions ?— and take advantage of some crisis when it would bo exceedingly difficult to resist him, or to render his opposition to the wishes of the people nuga- toryand inoft'ectual, without endangering their position ? This, so long as they had a majori- ty here would be unfair, and inconsistent with your system. Reversu the case, and supposo that the changing tide of politics should change the party in power, and an assembly should be returned inimical to those now in office, but the Lieutenant Governor be in their favor. Can we not readily imagine how much he might thwart and obstruct the new administration, and exercise his power unfkirly to the Assembly, and in opposition to the voice and interests of the people. As regards, therefore, the permanency of the principles established in Nova Scotia, it is of importance thtit the people of this country should be free irom this danger. For, sir, with- out professing a prophetic spirit, let me say that if the principles I am now contending for be not distinctly acknowledged, the time will come when Governors will uttempt to exercise the powet they now nominally possess, and place themselves in opposition to the wishes of the people. I may be told that the Executive have the right to retire. I admit it ; but is it fair, after having won the confidence of the people, they should be factiously and unconsti- tntionally driven to this necessity ? Perhaps they mair not have the virtue. I do not allude toany cfasBofnen— I am speaking of man, aorroanded by the various trials and tompta- tions to which he It eabject, and I laj they may not have the Tirtne ; md yieiding to encroach- menu i«ther than cMlaiigvr their places, things may so rstMgnde, that renewed stnggle*, more aggravated than tlie past, may eiuUkgar the country. This, then, has brought me to the next step in my argument. Having proved that the English Government — the Kuglish I'lirlian cnt — and the Lieutenant Governor, have, under the present system, surrendered their authority in the local oti'airs of the Colony, it may M asked — what more is needed J I answer tliat that surrender bo mado irrivocaUe. While a member of the Executive Council from 1844 to 1H'17, 1 endeavored under Lord Falkland, to unite with the responsibility of the Executive Council to the Legislature, the indc(yeiidene« of the Lioutenimt Governor, and some measure of controul to the Imperial Parliament. The principle of responsibility was as much ac- itnowlolifcd then as now ; nnd my colleagues ond myself were always ready to resign our scats on a vote of this Imnss. What we did want was, thiit whilo the voice of the people through their re))iescntativ('s, should govern their own nfl'uirs, some check should Lo oppos- ed to the dcsii^ns of interested demagogues, and the oppression of pnrlinmciiiary oligarchies— always injurious to the freedom and welfare of the people. It was difficult ; in theory it seem, cd impossible. Yet I think it might have been ciTucted. It required some forbearance in par- ties—discretion and integrity in the Lieutenant Governor, and wisdom and dl^ -rimination in the imperial government, — and iliua we hoped there would result as little oppressive and injurious change as possible in the ir'i'uiiibents of*^ ofHce, on a change of parties. Here lay the only real ditVcrcnco between those who succeeded us and ourselves. Karl Grey's despatch of Slst of March, 1847, contained all I wished. No- thing could be much more salisfactery, on the points of difference, anti in itself it w is one which I have ever esteemed worthy of admira- tion. That despatch contained the most hono> rable sentiments, and urged the most beneficial checks ; but, alus ! it only proves how much more easy it is to write wisely and well, than to act wisely and well. That, sir, in a state paper containin.; sentiments of which every English- man may be proud, unless one— its titled author. For whilst expatiating on the right, he has been content to pursue the expedient, and that, too, at the expense of houor and justice, and his own recorded sentiments. He has thus abandoned every controul worth speaking of. — But, sir, tho thing is done, and done irrevocably, for the controul of tho Lieutenant Governor, and tho Imperial Government can never again bo looked upon as leoitimatk elements in our colonial constitution. As rcgrrds our local affairs, all we can desire now is that what that constitution is may be perfectly understood and definitely confirmed. To attempt to re- verse what has been established, would intro- duce confusion, uncertainty, agitation, and end- less mischief. Whatever improvement our circam»:tances may demand must be sought onward and forward, not backward. It may be'urged that there is no danger. Why excite needless discussion'? There is tvtry danger. I have already shown the risk that may occur, in cnso of a change in the person of the Lieutenant Governor ; and these would he increased, should there bo individuals in oppo- sition in such a case who held the same estimate of the obligations of those iu opposition as some did when Sir John Uarvey arrived- Snp- poK the one party or the other at the next ei«cticnt to be retureed in a small majority, mti ^^ .'■> l« the Lieutenant Qovernor iuimiual in either caite. IIo might offer obstruction that would embarrass and defeat. In such case, suppose your Council, to avoid the perils of a new election, subservient to 'he Governor's will, and the majority that supported them in this house for the same rea- son to be subservient to theirs — where would be your sclf-Governraent ? But suppose again there should be a change ofMinistry in England, is the whole system of the country to be over- thro vn and different principles openly set forth or covertly acted on f Ear' Grey has set at nought his predecessor's del.Lerate and official act in the case of Mr. Fairbanks. In other cases, he has violated the solemn pledges of the Crown, made by successive Sccreta.ics of State; and he has indirectly bat very plainly, avowed the prin- ciple in the Civil List Despatch. What he has done, others may attempt. No, Sir I let us know what we have with distinctness, and what wo have, let ns possess on some sure foun- dation. I close this branch of my argument with an extract from Lord Brougham's most able and va1ual)le work on political philosophy, vol. 1. page 628. " It behoves the people care- fully to guard against those who would per- Buade them they are quite secure in tlio forms of the established constitution. There are no worse enemies of liberty— no more useful allies of usurpation." It only remains to touch the question of fi- nance and economy raised in the third resolu- tion. It cannot be necessary to say mucii upon this point ; if the Licutenam Governor should be recognised as bat a Crown Commissioner — sent here to uphold the dignity of royalty, and protest imperial interests, I believe there is no man who will assert that the expense of liis maintenance should be borne by this Province — certainly not exclusively. The house has passed upon this — but it would be well were they to review their steps, and see if they could not efTect a future saving to the province, whilst they did no act of injustice. A saving of some thousands annually would not be a matter of ntter insignificance to a government that liave been obliged to renew the tax on flour to re- plenish their empty coffers ; and I think it needs no argument to prove that JE250 sterling a year for the salary of the Private iSccrclary of an oflSccr whose duty is only to sign do- cuments himself, is neither a needful or wise expenditure of the public monies. 1 the more readily touch the subject now, because the present Lieutenant Governor's salary is secure to him during bis incumbency, and if the reso- lution passed, the subject would receive the consideration of the British Government before a new functionary were sent to succeed him. I will now pass to the construction of the Legislative Council. Its members are now nominated by the crown ; and I freely conlo^s that when two bodies arc designed in the Lfgis- latnro or government, to act us mutual counter- poise and ciieck, the more dissimilar the sources whence they exist, and the objects to which they own responsibility, tiie more perfect the lial- ance, while the nearer they assimilate in these respects, the feebler and less perfect will their contronling influence be. In theory therefore oar Legislative Council is a better check against the Assembly, than it would be were its mem- bers chosen by the people ; and if this were true in /act as well as in theory, the resolution I am now considering would be worse tiian annecessary. But there is another principle BK>re comtraining than the former. The twp branches, to be any cheek whatever, must be mutually independent. On (his prineiple, the resolution and my argument rest. Without this independence, their usefulness as mutually, controlling bodies is destroyed. Let us look at facts. The commission re- stricts any appointments in the Colony beyond 21 members. When the former administration went out there were 18 members, 9 of whom, in- cluding Mr. J. Fairbanks, resided in Halifax. The present Government filled up the three va- cancies — appointing Mr. McMab, Mr. Stairs, Mr. McCully; and when Mr. Ilobie retired, they appointed a fourth — Mr. McKeen — keep- ing up the complement of !H. During the last session, a very interesting question arose in the Legislative Council, but Mr. McKeen, although he had been appointed, had not arrived, and it was necessary in hot haste to pass n bill to deprive Mr. Fairbanks of ofhcc. The Government happened not to have on hand a majority at the crisis of division on the bill. The number of members was full, 21, but one member, though appointed, was not sworn in. What did the Government do ? They appointed for the emergency Dr. Grigor — he en- ters just in time to vote, and that important measure — a measure denounced by '^arl Grey, on principles of public policy and private jus- tice—is carried by a majority of one, including this one illegal appointment, and no less than four members of the Government, of whom ono was the President, who, until on the motions connected with this question, had not, nor had his predecessors ever .voted, except to give a casting vote; and another, Mr. McNnb, who was waiting for the ofllce from which Mr. Fairbanks was to be thrust by that very bill ! — Presentlj', however, Mr. McKeen arrived, and then there were two King's in Brentford ;— ( fMughler,) and wc saw the singular spectacle of a worthy gentleman wandering between the two chambsrfi, without a resting place in cither, iMjcause it had been necessary to block up with the doctor the place he had been appointed to fill. Well, sir, what followed these appoint- ments ? 1 believe all have been confirmed, and the Legislative Council now numbers twenty- two members — one more than the constitutional number. Earl Grey sees in the will of an Ex- ecutive Council, sustained by a parliamentary majority, a controuling influence to which he bows — ratifies all the Legislative Councillors, and advises her Majesty to confirm the lull ! T'liis one ruse is won' than sujiiciiitt. It is so flagrant — it stands out in such bold relief timt comment would be misplaced. After such an instance of packing as this, ii wore an outrage to common sense to represent the Legislative Council of Nuva Scotia as independent. The system must be changed, and it Rhould bo changed now, while the country is in compara- tive peace. When sterner times arrive it may be too late to mould the institutiufis of the country to meet the just necessities of the peo- ple. What has been done in Canada ? Blank mandamuses were sent out by my Earl Grey, as I understand by the debate in parliament, to ho filled up by the Government at pleasure — Lord Brougham treats this curious proceeding with the ridicule it deserved. The spring, he says, came in with its genial influences to call the farmer to his labours, when forth stepped the political husbandman, and sowed I.iegisla- tive Councillors broadcast, to yield a fruitful crop of parliamentary supporters. But to proceed. Among the itrange occurrences in ip UPWW ^ II the Legislative Council last session that showed the necessity for change in its formation, was the course the President saw fit to pursue on more occasions than one. iTie President claimed and exercised for the first time since the colony had a Legislature, the right to vote on all occasions, and this is justified by the example of the house of Peers, as my Earl Grey pronounces. It seems rather Presumptuous to differ from an opinion of his lOrdship on such a subject, but we are forced sometimes into such a predicament, notwith- standing the great names that cast their shadows over us. Tlielawof parliament, sir, as I un- derstand it, IS to each body, in such a case, its OWN USAGE, and not the example of other houses, however exalted. Nova Scotia has had a Legislative Council for nearly eighty years, (for the separation of the two Councils made no difference in the Legislative functions,) and during all that period there is not pretended, 1 believe, to be a single instance of the President so voting as Mr. Tobin voted. The change was needed to pass the Departmental Bill, and the change was made, and was sanctioned by the Colonial Secretary. Again, Sir, there were refusals, by the Pre- sident to allow resolutions, (and protests also, I think,) to go on the council journals— an act of illegality and tyranny most flagrant— nor could a more serious blow at the liberties of the people well have been aimed. Would that body, if it had been elective, have had a President who would have dared to violate the established precedents of eighty years, or to trample un- der foot the ordinary rules and practice of the house ? Such conduct in England would not have been attempted, because it would not have been endured. It is in this relation that wo require the most active supervision over their rulers by the people in a Colony ; for the silent operation of public opinion is much less forcible in a small and poor community, than in a rich and populous country like England, where, when occasion demands "the exertion, it is al most unlimited, though the influence of interests too vast to be perilled from any consideration of party. Now, sir, glancing at the present features of the Legislative Council, we find that of the present 22, there are 12 members residing in Halifax, and so long as matters remain as ther are, you must have a majority of them in Halifax. I have hitherto considered the Legislative Council in its subservient aspect : let us view it in its obstrnctive. Let us suppose that a chang« should take place, and that, after a new election, a majority in favor of the views of the present minority in this house should be returned. What would be the result^ T' j Legislative Council is now a packed body, sup- porting as a matter of course the present Go- vernment — it would then be obstructive to the existing Government. The voice of the people heard here by the passage of measures, would then bo drowned in tl^ ■ other by tho cry of party, and the influences of prejudice. Look at their vota on this very question. Did dl tho gen- tlemen who voted a^^ainst an Elective Legis- lative Council think as they voted ? Why did they give no expression of opinion, and where were thoir wonted warm appeals in favor of popular institutions t and where the remem- brance of formerlv expressed and recorded opi niOBS in favor of Elective Councils ? J' any gentleman will show us how to get over this dilemma to which the subject is exposed, I will yield my measure ; but as it now appears, the Council must be subservient or obstruc- tive to ihe government ol the day. I speak of the system and ilb inevitable consequen- ces, and not in disparagement ot individuals. How is the contingency of obstruction to bo provided lor? As the present government have done, by adding members ? That, Sir, would be impossible ; for the number must have some limit, and some four or five at least would have to be added to secure a working majority. Another change in the administration would demand the same pro- cess to be revived, and where is the end to be? To exclude members fur the purpose uf giving the government a majority, would be slill more degrading to the Body. In either caee its independence is destroyed, and it fails to afiord the checks required, nor can it be looked upon, as it ought to be, to itecure respect. It may be said that thn House uf Lords are in a similar position. I will not stop tor a moment to oppose this argument. What, Sir! a body clothed with hereditary honors — placed by their position and fortunes in stations of commanding in- fluence, tu be likened in principle to a Le- gislative Council, created from day to day by the Executive and having no elements of Legislative influence, except what they de- rive from the constitution of their Body, and that constitution calculated to degrade, and not elevate! it is preposterous. The Lords, indeed, yield at times, their own opi- nions, as in the case of the Navigation laws. But, then, it is in Ihe exercise of their own judgment, when a less evil is preferred to the risk of a greater. In the United States, the Senate is elected by their State LegiEia* iures-, but this is an udvantage they derive through their Federal Organization, of which a single Colony cannot be possessed. But, Sir, this proposal is no novelty. An Elective Council was proposed in 1837, and supported by the present Atlurriey General and the present ProvinninI Secretary. The speeches ol the latter exhibitfnrcihie reasons in favor of an Elective Council— reasons which I have no doubt if any honorable gen- tleman on that side of the house will turn to in some old file of the JVomiScofian, will con- vince much more readily than the voice of the charmer on this side, "charm he never so wisely." — {fMugker.) We have, however, on this subject higher authority ; for Lord John Russell has lately propounded for Ihe Cape of Good Hope, an elective Legislative Council. He says: — "Instead of imitating the Constitutions of Jamaica and of Canada, it would be advisable to introduce at the Cape, an Elective Council composed of par- ties elected by person^) of a somewhat higher qualification than those who elect the Ke- presentatives, and that they should be per- sons of the class of Mogiitrates,'' i&c. Under the elective Constitution, the Le- ginlative Council will speak a voice respon- sive to the sentiments ot this house ; but by Ibis, 1 mean something very dillerent froin the subserviency alluded to in the resolu- tiens. To avoid this evil — and too great coincidence of interest and feeling, between the two bodies, is our chief diflieully. — Elected from the same constituency, ihe Iwo yi'ytrU' II 4ranches would bear ihe cnme penural im- ir««a of »entimon(. But the l^egiaiative Jounnil being elected, for a longer (ertn, and 'iDill sections going out and being replace(f >y new members at shurt intervals, as in the United Stales' Senate, would tend to prevent hat entire uniformitv of action wiiich is to ■jB deprecated. Tnke, for example, a Lcj^is- ativf whom six should retire every two voiirs. ■r, let the term he longer, and the periodical ihanges varied to meet that teiiurn ; (or this 8 not the lime to enter upon detnils. Trace ■he efTect of such a system. A general bIpp- :ion, after a close ond desperate struggle, baa given the reins of government lo the iiiccessful parly, who enter into possession jf their newly acquired power, with the pas- lions on both sides cxn^peraled to their ut- fliosl. Two years alter six Legislative Councillors retire, and are replaced by the people. This change, ol itself, could nut fail 10 have some effect in weakening the adhe- lions of party ; the subsidence of party ani- mosities without, wrought in that intervul, wouli! influence the feelings of the new members, and etlect a further modification in the measures of the ISody ; and ii thu course the government had pursued during that period had been uiisatiifactory to the people, the new eleclions lo the Legislalive Council, would speak a significant warning that wiser or more inoderale Counsels were demanded, not likely to be unheeded. Tiie changing opinions u! tiie people would alter from lime ti.> time the views of the Council, and would work incomparably ht-tier than the present syiiteni, whii'h cannot coiiiuiund the respect olthe coiiniry. I ought not to oxpcci opposition from gen- tlemen on the other Hide; and yet it is •trance that on a division in nnolher place u few d'lys ago on this veiy question, all the members who support the government voted against an elective (Council ; but it you should turn to the same debutes ol 183", to wlilrli 1 referred before, I rather think you will find at least oiio ol that number, mho at that time dit>coursed widely in favor of giving the peo- ple the election of tho LegiHlaliva Council. I may admit, Sir, t.^iat the remedy is iinper- f«ct; but I believe it lobe the beHt uiihiii our reach ; and 1 think ii should be tried, leat.bere'ifier greater extremes be resorted lo. In looking into llie future, three resullj are obviously iinaercd before us — eacii pressing on the other. Fiist, thu amendment ol the present system, unti! it answer the necussi- lies of the people, and adapt itself to the improvemtsHt ol the country. Ii this fail, — Secondly, a tetsott to i he direct election by the people t)f all the chiel public funclionarias— A mode which no man who loves the mo- narchical insii'utions of tlin mother land would »euk, unless upon the gravest rea- •0D8. Should thir, too, full, can ii ba doubled that the Third would he, as by irresisiible attraction, nn ahiorpiion into the Ureat Ke- public thai beside us throws wule its arms, and lifts its towering farm on high. The Uritiah eyalein gives the peopla an indirect influence only in the appointment of their principal Government offioera, and the operation of the ayslem i« artificial acd eomples ; while under the American aystotn Ihe action of the people ia direct in ilio choice of most uf their functionariea, and the opetation of the machinery of govera- ment ia necessarily aimple. Out in the former, the responsibility under which the government is placed ia constant, in the Ut- ter the power is entrusted for a definite, though commonly short period, and cannot he recalled till its termination. In Mova Scotia, in conformity with English rule, the people do not say what individuals ahall fill the respective office*. When they have re- turned a particular party to power, their coniroul has ceased, and the Government ia formed by the leading members of the party, without reference to the people, and they, too, often are obliged to make their selec- tions without regard to official fitness. For instance, they want n Solicitor General. — I'lie best lawyers .and most suitable peraoru may be found out of the Legislature. But these must all be passed bye, and even with- in the Legislature, the necessities of party limit the selection. The most appropriate individual hero may possess no assurance of re-election, and the strength of parties may be so nearly equal as to forbid the risk of de- feat at the hustings. He too, then, must be passed bye, and his inferior chosen. Or it may be that either iu ihis house, or in the other branch, some individual, from peraonal inHueucps, or o>\'ing to the nice balance be- tween the parlies, may compel the Govern- ment to purchase his continued adherence by an appointment for which he may be ill suited. The independent action of the Legislature a.fs'i U abridged by the tenure of the adini- nistrulion depending on the volea of tho LeffisUtivc body — (not on direct election for a liefiniie period.) It is well to talk of our independence; but tlie majority who give the party in power its ascendancy, will re- tain inhere, fur their inicrrsls are identifi- ed. Propound, therefore, a qut'stion lo the house, however Important in its principlea or results, but in winch the stability of the parly is concerned, and the people do uot get Ihe iinlraminelled, independent judg- uient of their Kepresentutivesto which they are entitled. Innumerable instances might he cited. Wilnei-s the Governors' Salary — the Departmental llill— the Magistrate's ca.oG — the withholding of paper*, &C. How difi'erenlly would the decision of a majority ol tills bnuBohave been, had parly intluences not prevailed over individual opinion. Ttit adininiitrative ayateiii of England never waa — never could have been — the conception of any man's brain. It has been the growth of circumstances — expanding, contracting, mo- difying, and altering to meet the progreaaof Bociety — the chonging condition of the peo- ple, and the wants of the nation. There, some of the inconvenienciea and evils that threaten ns, are averted ..nd modified by the various orders and classes — the wealth, the litei'alur>?, and intelligence, the presa and public o|iinion of that great kinndoiu ; and ly the inlluciiceof tho'e vttsl interests, that, rising above party considerations, control the action of Goyernment and the Legitia ture and secure public and individual ftee- ilom. But, Sir, such coniiderationa remind ua that the armour that givet atrength and I ■^^r- wi ' ' W '!> •eourity to the giftilt, orufhe> thi stripplirig under it« weight. It may be laid here, ai portions of the Prew continually say : " Try the ■ystens longer-^moke no hasty changes — things are very well as they are— and any little matters that require improvement, will work their own remedy." This may be very conve- nient in the eyes of some gentlemen to whom agitation has Inst the charms it once pos- sessed. But, Sir, Is'e no reason in the argument, if evils do ptipaltly exist, that clearly demand removal, In avoid conseciuen- oes which cannot fail to be injurious to the country. 1 ask, however, whether the trial of the system, as made by the present Government, warrants this appeal. Let me take n hnsty review of what the last two years' history of Nova Scotia presents. In the first place, Mr. Chairman, we hove seen in that time in full operotion one of the worst features of the American administration of Government- one which is denounced by some of (lie best of their Statesmen. Extensive changes in office, uncalled for by the system of govern- ment, and from which the country could de- rive no benefit. Of these, one hundred ma- gistrates, some three or four hundred road commissioners, with emoluments averaging probably not more than a pound or two ; dis- tillery inspectors at 5s. a day ; form but a part — not to refer to oflicers of high-.r emolu- ment. It will be remeniDered thiit this is the work of gentlemen whose professions were Bo diti'erent ; and who sought power that they might confer on their country an improved government and more perfect freedom. We have had a good deal to say lately, and in the last session about th.it cabinet of curi- osities in the Provincial Secretary's office, which the Government guard with such zeal- ous care that we are forbidden to hope for a revelation of its secrets until a change in the administration shall take place. Now and then, however, a little borrowed light is re- flected on us. Thus we learnt the "assurance' ' of Sir John Harvey to Earl Grey that " £800 sterling would be well secured" to Sir Ru- pert ; and which had been unknown, but for his Lordship's reply, ffis Lordship's admira- tion of the virtuous professions of the Provin- cial Government, and which he has had op- portunity to see nobly fulfilled, has given ua another glimpse of the suppressed despatches. Listen to E ;rl Grey's despatch of 7ri» March, 1848. " You will express to your present Executive Council," say.s His Lordship, "the satisfaction with which I have read their m nule of 8th of February, 1848, in which they express their intention to resist with firmness the mischievous policy of sweeping chonges of subordinate funclion- aries." Why is it, sir, that the Executive Council so cruelly withhold from the people of Nova Scotia, this minute of the 8th of Fe- bruary, 1848,— this record of their virtuous resolves ; and compel us to admire at second hand, their virtue and their consistenry ! In the next place, the present administra- tion have adopted a practice little to have been expected from a Liberal GoverniYient I mean the withholding of public documents of d«ep importance to the people, for the with- holding of wkich it i« obvious no reaaou ex* ist, except the danger of damaging theroselvea aa a party by the exhibition of the truth. Take as instances the papers that passed between the two Governments on the formation of the present administration in the spring of 1848 ; the full despatches on the Civil Liat ; tiie number and names of the excluded Ma- gistrates, and all the papers and despatches on that subject— all sought for by formal motionx here— refused by the Govern- ment, and the refusal sanctioned by a majo- rity of the house. It has been to me melan- choly evidence of how much the people of Nova Scotia have ta learn of ths principles of a free Govei-.ment, that their repiesentilivea liave dared to sanction so gross u violation of the duty of the administration ; so flagrant an inlr n>ign atate. For, sir, became not to remain, and he returned te Boston to be followed by other members of his family, altho' relutantly did he first leave his native shores, and still more reluctant were his worthy parents that he should be separated from their care and supervision. 1 ask, Mr. Chairman, what baa the coun- try gained since the advent to power of the present party ; a party so profuse in pro- mise f Loss, disappointment, shame, is all oar gain, will multitTides answer, many of Vhom were prone to expect better things. But hoB there been gain to none i" Oh, yes, sir! The pseudo patriots have gained. The hon. Provincial Secretary may imile over broken promises and a deluded people — he may triumph in the thought that he fills a place from which he drove a Baronet,— and yet a nobler, a more truly liberal spirit never •aiiMted mta than thM same Btronet's.— He waa truly and unostentatioualy what many are in profession — the poor man's friend Again, sir, Mr. McNab, the Receiver Gene- ral, when he retires to his home from the easy duties of a divided office— divided in doty, not in emolument, can gather his family around his hearth, and complacently wonder how long his friend — the near relative of hi* old and intimate friend — poor Fairbanks, (hS in kindness he may call him,) and his family will have a roof to shelter and a hearth to cheer them, and then he may retire to dream of wealth that Californian voyages bring to sleepinq partners. But, sir, I repeat — what have the people gained ? The answer sounds around us and about us:— when the time to give it voice shall arrive, I am greatly misled if its significancy will be the subject of doubt. I cannot here refrain from a tempting pas- sage from an author more oflen praised than read or understood, admirably appropriate in its description — the correctness of its prophe- cy it is the province of the future to unfold :— " If the thing called Government merely drift and tumble to-and-fro, no-whither, on the popular vortexes, like some carcass of a drowned ass, constitutionally put " at i/m top of affairs," popular indignation will infallibly accumulate upon it— one day the popular lightning descending forked and horrible, from the black air, will annihilate said supreme carcass, and smit:; it home to h» native oozo again." Mr. Chairman, let me hasten to a close. 1 again repeat what cannot be too deeply im- pressed, that if the principles, recognitions, and changes which I urge are necessary, pru- dence demand that they should be adopted immediately, before the exigencies of the people drive them to require changes more organic, of doubtful policy; for believe mo sir, as 1 have already said, if our present sys- tem be not made suitable to our condition and the wants and wishes of the people, the next step will be to the system of direct election ; and failing that also, the current will, in all human probability, then set towards annexa- tion with a power not to be checked or resisted. Hence, sir, the propriety— the necessity of these resolutions, and the sourse they indi- cate. How fir the desire for annexation may prevail in Nova Scotia, I venture not to say. I think I lately saw in a Liberal Journal, over the very significant initials " G. R- Y.," ths declaration that the sentiments of the people were strongly tending toward annexation. — The remedy proposed was the Quebec Rail- road ; but as this seems somewhat a distant and uncertain scheme, 1 apprehend we should seek a mote practicable and immediate cure for the disease. The question of annexation, however, should it come to be discussed in this province, I venture to say will be gene- rally treated on utilitarian principles. The morals of Downing Street have dissipated the prestige that once bound the Colony to the Parent State by sentiment apart from rea- soning. 1 repeat, sir, The tnorali of Downing Street. Let me select a few instances without leaving the aftaira jf our own little Province. Sir Rupert D. George was desired to re- tire from office when the present Provincial Administration came into power. He wtahed delay uatil Etrl Grey should b« eonmUtedoa IS the amount, and the leeurity of the retit'.ng allowance to which he was entitled under hii Lordahip'a deapatch of Slat March, 1847. Thia delay waa denied, and on hia continued refuaai to reaign, until the Colonial Secretary could be conaulted, he waa removed by Sir John Harvey, and hia removal gazetted here. Earl Grey, in a deapatch dated in March, 1848, confirms the act of the Provincial Go- vernment, but informs Sir John Harvey he had no power to rmnove, but in point of form, should only have suspended. Yet, sir, in a case thus distinctly before Downing Street authorities, Mr. Hawes, the Under Secretary, on the 12th May in that year, in answer to a question put in the House of Commons, by Mr Cochrane, whether Sir Rupert D. George had been removed from office, replied that Sir Rupert George had resigned his office. Again, sir, when a petition from Nova Sco- tia was presented in the house of Lords, Earl Grey asserted that of the hundred Magistrates alleged to have been removed, forty were dead — a statement which obviously embar- rassed Lords Stanley and Brougham, who advocated the memorial, and compelled them to say, that, much as they might condemn the removal, they could not justify such a misrepresentation. Yet, air, the statement of the petitioners, ums true ; and Earl Grey's was not irtie. The number of the excluded Magistrates had been ascertained by exclud- ing from the calculation all who were known to have died, or left the country, and more than one hundred were found to remain after that exclusion. When it is recollected that the Provincial Government had been requested in the Assembly to furnish a return of the names of the excluded Magistrates, and had refused to do so, the injustice that has been practised becomes more flagrant. On hearing of the aspersions on their cha> racter, some of the petitioners residing in Halifax immediately transmitted to Earl Grey a letter setting him right as to the facts, and in effect requesting him to men- tion in Parliament the vindication which they gave. He did not do so, and the let- ter waa laid aside on the ground of a techni- cal informality in its transmission. It does seem that — magnanimity or generosity, I will not say— but that the commonest prin- ciples of justice and ingenuousness demanded from Earl Grey some vindication of gentle- men he had been the instrument of publicly maligning, without reference to the mode in which the communication had reached him ; and allow me to say that you cannot find in Halifax gentlemen of more unblemished re- putation — more respectable position in so- ciety rr higher sense of the value of charac- ter than .mong those who sought at Earl Grey's hand, the act of justice he saw fit to withhold ; and do I go too far in saying that when he withheld the explanation that can- dour demanded, he adopttd the mis-state- ment which at first, it may be, ho waa but Mie instrument of inadvertently making. Again, Sir, Earl Grey stated, as a reason for abandoning his engagement in the case of Sir K. D. George's arrears, that Sir Rupert had not remonstrated against the •At ; wheieu in fact, as appaut fton Mr own journals, not only was that not the ease, but Earl Grey considered at large and answered the n>emorial complaining of the Civil List Bill in not providing for the arrears with Sir Rupert D. Georae^s signature to it, in the very despatch in which he made this as- sertion, With such singular carelessness does the noble Lord who now governs the Colo- nies deal with his statements of facts, when depriving an officer of money justly earned ; and so easily did he find reasons for disre- garding his solemn pledge. To this place belong also the cases of the arrears and of Mr. Fairbanks, but it is unnecessary to dwell on them further. There was a time when the British Colon- ist met the American citizen with confidence. His boast of the rapid progress of his country was met by our well-founded pride in the nicer moral feeling — the higher toned senti- ment of public justice — the more elevated principles in dealing wilh public servants that monarchy creates ; and English justice, and the honor of the Crown, were felt to belong to the Colonies, not less than to the Imperial State. How is it now .■■ Were a Nova Sco- tian hardy enough to venture on such an ar- fument, the American would point to Mr. 'airbanks, and refer to th'? case of the arrears, and ask what Republican statesman had ever so violated his predecessor's acts and hia own declarations, or so abandoned the rights of officers and citizens committed to his trust. — He might tell you the repudiation of the British Secretary of State threw into the shade the Fennsylvanian, and scornfully ask where slumbered the spirit of Sydney Smith ? No, Sir ! The day of sentiment is past. — Duty will be the rule of conduct, and the people of Nova Scotia are not and will not be unmindful of the duty of allegiance; but they will remember also their duties as men — yes ! aschristian men, to themselves, their families, and their country ; and when change shall be made necessary, if it should ever be made necessary — for the happiness of themselves — for their children's well- being — for the moral and efficient govern- ment of their country, they will not sacrifice the greater duties to the less, nor surrender to a name the most enduring obligations; and when that hour comes, if ever it should come — they will cast from them the bully- ing despatches of a Secretary of State with the contempt such insulting^nisnilB'deserve from Freemen ! Should this duty ever be enforced on No- va Scotians, may the day be distant; and may it not arrive till I shall have ceased to be an actor on the stage. But what the future may demand is for the future to Ire- veal. We have the tangible realities of the present to deal with ; for to use the language of the author I have already quoted — " The present time, youngest born of Eternity, child and heir of all the past times, with their good and evil— and parent of all the future, ia evet a new era to the thinking man, and comes with new questions, ana significance, however common place it look : To know it, and what it bids ut ^o, i$ turn (As luni qf Knovitdg* for m ulV* ^J%0^^^^ ¥ 4