IMAGE EVALUATION TEST TARGET (MT-3) A I// /^' 1.0 I.I 1.25 11^ 110 M 1.8 JA ill 1.6 V] <^ /i >> '^ .> ^'.v^ ^> .^.^"^ W^ /A O^A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ iV ^^ \ \ "% V '<^ ^ 6^ 4^ CIHM Microfiche Series (Monograplis) ICMH Collection de microfiches (monographles) Canadian Institute for Historical Microreproductions / Institut Canadian da microreproductions historiques CkCX Technical and Bibliographic Notes / Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available fur filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a eti possible de se procurer. Les details de cet exemplaire qui sont peut-£tre uniques du point de vue bibliographique, qui peuvent modifier une image rerroduite, ou qui peuvent exiger une modification dans la methode normale de f ilmage sont indiques ci-desscus. D Coloured covers/ Couverture de couleur □ Coloured pages/ Pages de couleur n Covers damaged/ Couverture endommagee Covers restored and/or I minated/ Couverture restauree et/ou pelliculee □ Pages damaged/ Pages endommagees Pages Pages Pages restored and/or laminated/ Pages restaurees et/ou pellicul^s D Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cattes geographiques en couleur B Pages discoloured, stained or foxed/ Pages decolorees, tachetees ou piquees □ Pages de Pages de detached/ detaches □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) n n n Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relie avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serree peut causer de I'ombre ou de la distorsion le long de la marge interieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte, mais, lorsque cela etait possible, ces pages n'ont pas ete f ilmees. Additional comments;/ Commentaires supplementaires: yi Showthrough/ ^Tr. ransparence □ Quality of print varies/ Qualite inegale de Timp n impression Continuous pagination/ Pagination continue Includes index(es)/ Comprend un (des) index Title on header taken from:/ Le titre de I'en-tfite provient: ni itie page of issue/ Page de titre de la livraison □ Caption of Titre de de issue/ depart de la livraison n Masthead/ Generique (periodiques) de la livraison This item is filmed at the reduction ratio checked below/ Ce document est f ilme au taux de reduction indique ci-dessous. 10X 14X 18X 22X 26 X MX J 1 12X 16X 20X 24 X 28X 32 X The copy filmed here he* been reproduced thenkt to the generosity of: Library of the National Archives of Canada L'exemplaire film* fut reproduit grdca A la gAn^rositA de: La bibliothdque de$ Archives nationales du Canada The images appearing here are the best quality possible considering the condition and legibility of the originel copy and in keeping with the filming contract specif icatione. Les images suivantes ont 6tA reproduites avec la plus grand soin, compts tenu de la condition et de le nettet* de l'exemplaire film*, et «n conformity avec les conditions du central de filmaga. Original copies in printed piper covers are filmed beginning with the front caver and ending on the last page with a printed or Illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the lest pege with a printed or illustrated impression. Les exemplaires originaux dont la couverture en papier est ImprimAe sont fiimis en commencant par la premier plat et en terminant soit par la derni4re page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires origineux sont filmis en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derniire pege qui comporte une telle empreinte. The laat recorded freme on eech microfiche shsll contain the symbol --^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suivonts apparaltra sur la derniire image de cheque microfiche, seion te cas: le symbole ^^ signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be •ntirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre fiim^s A des taux de reduction diffirents. Lcrsque le document est trop grand pour dtre reproduit en un seul clichi, il est film^ A partir de Tangle supirieur gauche, de gauche A droite, et de haut en bas. en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 32 X 1 2 3 4 5 6 ■y,h^ ''i:. **r\^ Hi is: i O^S OF THE :-PPIfOPMIAT«0:^ BIIX CHAHGlj^.iiL!': ON 1 ;;.!., t^OISLATIVE COUN« li:; WiiU • :vnjGATioN o;' th:: >Ci:;irnNC> OF Tilii ?jou3l; of as[:Emblv iiY k rilESLllOLVi.. 1 H»NV. m DONALD A. CAMEHOS, OUir.KVEH OFF.t K. •VE 90LC (roft THH AUTHOtt,) ur <' XATCH, BOOKSEF l,EH, MARKET-SUUARP, ISSCn AN xiDDRESS, &c. TjiE loss of' (lie Approprialion Bill, af as this come to pass— is it to the House of Assem- r 'i"*^ C^ounril, or to both, that we owe the loss of Ihe bill ?" To answer Buch enquiries— to trace to Jts hist cause this caJamilous result— (o shew by whom the Legislative discord waa protluced, and to vindicate the proceedings of the House of Assembly, IS the intent of the writer. He deprecates, however, the exhibition of angry or malicious feelings ; ho would appp.-^l to the judgments of men, uninthienced I'y prejudices • he feels that nothing should be said or (loiip, that would tend to increase that discord which has been already so productive of evil ; but *vi(h calm, (uiruaied B.inds, flic subject should be considered, ^ny attempt to inflame the public would most certainly aggravate the present evil, and increase that strife wh.ch every good man or subject should endeavour to allay, h may be lliat oiic branch of the Legislature is wholly in fnult ; it may be that i)i>th branches are alike blamcable. Let us, then, make it on- object to ascertain which of these posi- tions is correct. We may eay with trutli, that among the great n)ass of (he people (he Legislative Comicil have pre- judices to ccnteiid against in a case like tliis. We Know tlut 01! minds are predisposed to favof those who are del( 1 atcd by oiirseives and who receive their L';giMativc . \istencc from our voice ; and, while wth them w: idonlify ourselves, while we consider • hem as r:-;- political conservators and guardians, wb *-"o prone to I'ondenin a-t ouce any measures of eilhtT of llio Gtlicr Legislative bronchos, wlii'li theij may coii'^ider an invasion of their rights.— Again, we are loo liable to iinclcrvaluc the injportanco oflhosc who lorn) the adverse party in this case ; and this, added to a leelitig of jealousy, which many of us cnlr-tain towards those who arc invested with their power by the Crown, and arc, therefore, not answerable to us tor their acts, n)ay incline us almost insensibly to " pronounce against them before wc have heard the merits of the subject.— Those things premised, let us guardedly and impartially examine into facts. ^ It has been an unintcrrnpted custom in thisProvince, smce 1801, to provide for the expenses of the Speaker and Members of the House of Assembly. The simi for the Speaker has varied from £.jO to jC 150 per annum, and for the Members from ten to twenty fihilhngs per day, besides travelling cxpcnscis. lit 1788, before any iixcd provision was made for the Speaker and Member.s, a quorum could withdiflTictdlv 1)0 obtained in Xha House of Assembly, to conduct the business of the Province. It was then conceded that the payment of their expenses was absolutely necessary, and a resolution was passed as follows : " Resolved, Tl.at it is the opinion of this House tlint llie f.w Wctnburs attemlmjj tills Session, nnd tjie ilifliciillv of luakin" an llouso, ore evident proofs of liie necessity of aliowmjr to the flfeni- b«.Ts thcif espcnees whilst attending to tho business of this House." It may bo well to examine into the necessity for the con'inuancG of this grant. There have always been some very valuable Members in our Assembly, who conld not atlord to serve at their own expense. If wealth is the best qnalincation for a representative, it would be well to abolish pav imme- diately ; but as vveallh cannot ensure iiiidkct to the possessor, as it cannot suriii/ bring with it an inti- mate knowledge of the wants and interests of a com- munity,— so neither can it bo admitted as the best nnd only qualification for a popular Rcprosentntivc. At tho late General Election, the Freeholders had an opportunity of approving the services of many who Ijad hvc\] hied, 1 (liviclijul ))' rn-vlcvMufr (hem; (hose in- s wi\y now be called the persons of ilw.ir choice, jiiid tho privih^ge of cxorcisiniy Ihat choice >vas considered an inipfjrtaiit and valuable one ; and ^t'tjiad (lie Electors been apprised that no provision would be made in fiikire for their cxpeiisrs. nnd (hat several of (hose persons would be unable (o servo thein by reason of (heir lack of means, the choice would have been rcsl rained ; those who had always jirovcd vigilant and serviceable, would thus havo been disfjualilied, and \he freedom of Election would have been turned into a constraint (o seek among untried men of weaUh for (hose %\ho could best af- tord (o pay (heir expenses; nnd as wealth does not ensure to ils possessor even one of the most essen(ial qualifications, i'^noiuncc, carelcGsness, uiid stupidity would, in very many inslanccs, have been unavoidably 6ul)slitu(ed for intelli«rence, attendon, and activity. A<;ain, it may be observed, that as (he lower House is intended as (he populai' representation, and by far t!ie greafcr proportion of consti(uen(s belon-^ (o (bo ninldlc and lower classes, the abolition of pay, and the coDsctjiK'ut restriction of choice to the, upper class, would cause a severance of those lies which now hold (he representatives down to the peo|)le ; the DeinoeraJical would rise to, and merge in, (ho Aristocratical branch ; (he e<]uilibriun Jistancu would be lost to the lower, and gained in itu. upper House ; and tliiis (he cons(itutional balance oi coun- terweight w.ould be vir(ually destroyed. With these views we must be forced to the con- clusion, (hat provision for the expenses of the House ot Assembly, under the present eircumslanccs of the Province, is essential to the existence of the rii^hls and privileges of the Provincial Electors, and that its aho- lifiun would vcrjj materiallj/ ifuurc the popular repre- sentation. For many years past it has been usual, at the first session of a nciv House, to pass a Bill, pro- viding for the expenses of (he Speaker and Members o( the Assembly during the continuance of the House. In conforniily with this cufitoin, u Bill was passed at iht^ \i\ic. ?»cs.sioii. pro villi. If.- XMOO for the Spciker aiul ii:3i)vacU lor tho Mcinbers, l)esidcs travolliiij;^ expcii- SfH, 15s. per (Jay. It will bo observed, that lliese siin)s are Icsi^ (liaii have been allowofl lor inaiiy years past; atxl they weic thus reduced, because "it' was thour-ht by a majority of the House that ihcy were siilHeient to cover tho actual expenses, which/alono, should be provided for. This redttviion is worthy of coiisideralioi) : Jhere is nothing lavish or extravagant iu I lie sunis ; on tho contrary, their abatement cvlnc- rd u disposition in the House to relrench and ccono- niise. The Hill was novel, only as rc«rjirds tho small amount provided ; in all other respects, it was con- formable to an uninterrupted custom of thirty-fonr years, during which time no attempt to abolish it had ever been n»ade by the Legislative Council. This liill was carried up on tho seventh of February, and made the order of the day in the Council for the six- teenth. It was road a second time on that dav, when the following Resolutioa was moved and se- conded : — " Whereas Ilia M.njcst/s Govprnment, upon tlio ostnLIisbment 111 tins 1 rovincc of n Lfgislntive Council, distinct imd senaMIe from the Executive Com.cil, in tJio year 18;J3, .JicI oxpr.s's nil opinion tliat tlie Members of tl,c Lcgislutive Council sl)mild liave th.ir expenses paid in the same niunucr as tlio Moin))ers of the Assembly, wnd did occordinplv recommend to botli Houses tlio l.nssinj; of a Law, fm.viding for the attemlance and expenses nf the 1 resident and flIemberB of the Legislative Council in the sai-e wanner us fvr tho Speaker and Membeia of the llonse of Aascm- My ; which opinion and recommendation Ihifi House thinks just and reasonable:— And whereas the House of Assembly hath not tiiadn provision for tho attendance and expenses of the President Ktid Members of tho Legislative Council, a<-ieeab!v to the said rcconmendatinn of \\\a Majesty's Government : '' Therefore Resolved, That tho furllicr cmisidcrotion of this liill be postponed for three uioniha. Content. " Mb. OfllKK ;rSTICI5, IJAILLIK, I', r. ito;5iNsov, W. ir. IIORINhOV, DOrKKOIU), ATTOHNKV tiENEHAL, IIAZK.V, LEE. S'on-Cdufnif. Mr. IU,Ari<, snort K, PKTKHS, SHIONDS, AM.A.VSHAW,' Cll- ese '■an WHH crc IIP, of [lilt nc- 10- .all :)ri- )iir I it Ill's lUl ix- sc- ent iUe nil ive the tliu if)f ire in- II St not Dtit lid iu9 Tim lit indeed a rcinurkHMc Hcioliifion, and if haa I)io(1iic(mI a meinorahh- vili:ct. litre we icc llic fir^t •fop lowaids (Ijc tollisioii of <|io two Houses ; '(liin >va8 the firHH atlilndc of hostility, wliidi inlroduccd anolhcr and anollicr, as will be seen in llie flcqnel.^ hci the names of the w///ior/7y on this division i ot bo forgotlcu : their inanlv and independent conduct should ever be remenibcred by the country. Sucl» redeeininir spirits may bo outnumbered— Ihey may be assailed by those " m ho halo that excelienee they cannot reach ;" but in the hearts, in the nO'cctioni^ oi freemen their memory sliould ever be fondly and jfmtefully cherished. They saw the unprovo/ad blow ot the avenger descending ; they dared to in- terpose :— this is enou-rh for them :— that they failed, should dimmish nothinji; from their meed of praise. Cut before we remark more particularly on this lie- solution, let us go back to 1833, and see what were the said Opinion and Recommendation, and what was done by " both Houses" thereon. On the 11th February. 1833, the House of Assem- bly was informed by Message, "That His Majesty had been pleased, by hi., Royal Commission, to ap- point two separate and distinct Councils in the Pro- vince, to be respectively called (he Legislative and Executive Councils." Two days after, another Message wag commimica- ted as follows : — " Abchidald Campbell. "The Lieutenant Governor informs the House of Assembly, tliatho ins received a despntch from Lord Gotlerich, in which lis Lordship expresses his opimWthat the Members of the Legis- Intive Council should have their expenpes paid in the same manner as the Members of the Assembly. The Lieutenunt Governor, therefore, in obedience to tho commands of his Lordship, recom- mendi to tho Assembly tie passing of a Law providing for tho ex- penses and attendance of the President and Members of the Le- pislativo Council, in the same manner as has been provided for tho Speaker and Members of the House of Assembly." The House went into Committee the next day on *this "Opinion find Recommendation," and unani- moasly adopted (he following Resolution ;— 8 '' Rciolvcd, ns llio opinion of thie Committee, that it is not rt- pc(Ue.nt to make, provision for the payment of the e/piuscs nf the Legislative Council n8 recommended by ilie Mes." 'hey ,nay be called omnipofcnt--in div led '-^c on. P..-.0/.... I, is truly doWghH-ul to a n I se ^.u confon.plato Ibis broad h:L ohlnihh ll^tyZ ^ee reduced o practice that theory which ma.j^v'a. cent sa^es, ,n their extreme admiration of it n.rm' considered us Utopian-too^rood eve. to be eal zed iu experience.— IJut to retuni • ^'"^ ndu,'; '7 ^.'"^ om- Legislative Council every way adcip cu to the position f//.?/ should occupy iu he Co lomal ConstilMtior ■ Certainly not/V po' hr" claims and prerogu .o rights w'ere to mee ift' lem V h eve., a preponderance of the former a.^ainst the .Th \. rf'"^'"'^^'"" towards that power to yh ch they daily owe their Legislative bein- would in he event of a conflict betw.?en popular aTuCro^ f?at.ve claims, Mievitably bias them tUardstheCWn- and <»'en. as it ,s only from the Crown they ceHve he r oirice, and as it is only on their ojrJat duZ hat thoy found any claim for provision, how shall ion p'^^ be called upon to cofitribute Ihat prov ! Mon ? 1 he popular branch having the sole ami cx~ ntc3.7' f.r^'i'T^''^''^-^ ^7w/.V.rit cannot bov. pec cd ^hat that body would appropriate monies for f..ch services, unless their constituents were consen encjj of this Province xcill never consent to am/ mmro- Prf;onJor the Legislative Council as atprZnUon- sututed Apart from the considerations of depend- Xh'wJuld'fr't'"" r «^'"^^ ---uaXl wnicfi would defeat any claim by the Council for we Ith and .nfluence which they are supposed to"be as the .1nstocral,c Representatives of he Province' the p.iiauce oiJCoOpcr annum, which is tL ^- a est 10 sum over allowed io a Member of llio oHirr Ilo^^•('', sljoiild not only not bo aslicd for, but should not be roccived ifon'frtHl. Twenty shillings per di(Mn for fiftv days, to provide for tho atlenduiicc and expen- ses of flic IJonorahle Lcs:idative Council, the elite of our Provincial Aridocvanj, is a suui loo contonipli- bic for bcslovvincnf, and too pallry for their arcej)- t.iuce. If the Council is formed, as it should be, of 7nen o( wcal/Ji, wc should ever be cautious, lest any measures be adopted which could enable the Crown to place persons in that situation, who, lackiiii;' the qualification of wealth, and therefore not havinj;' so i;reat an amount of interest at stake in the Province, would be a tfnicscn-ing, place-secUIng and dependent body, rci^ardless of the people from whom they could expect no lucrative gift, and wholly subservient to the Crown, from whom they would expect cvery- thino". Now, if prevision were made for theattend- auce'^and expenses of the Council, the necessity for its beini^ composed of men of wealth would in a great measure cease; the Crown would he enabled to sub- stitute the class of persons before alluded to ; the Council would be several removes nearer to the Ex- ecutive, the poize of interest would therefore be a- gainst the popular branch, and the constitutional equilibrium destroyed. Thus we perceive, if our reasoninj^ be sound, that the abolition of pay for the lower, or the introduction of it for the upper House, Would severally prodtice the like result, and there- fore should be equalljj resisted by those who rvish xvcll to the Province. But there were also other causes, if any were wautinj^, which operated upon the Mouse in briu"'in<>- them to the above resolution of IH.Jo. In the Council were four Executive OJicers, who were rcceiviiij; salaries from the Crown ; and three of whom were also Members of the Executive Coim- cil. These four were 'he Chief Justice, with a sala- ry of £900 per annum ; the Commissioner of Crown Lands, with a salary of £2000 ; the Auditor General and ii Comtnissicner o/' Quit- rents. However, had this Executive influence not been there, other and siitli- 11 cietJt reasons oxisloil, in addition lo tliose already ns- sii^iK'd, Jor llic |)ro('(,'cdinj^ ol'ilic lower Jlonsc. "'I'lxj IMombcrs of lliat IIoiiso/ as well as llie Province at iarj;v, were Iajesty would not be advised to ac- cede thereto" In the same ministerial cominuni- catiou is the following remarkable passage, assign- ing the principal cause for the division of the two Councils : — i 13 " Ilis Miijesfy's (Iccisiun vvns mainhj inf.iirnccd hy ilic rrflrcl on. .\t:cu- tliHt this new ijriiirim'ciienl tniglit cniiltlc liiiii to liriiij' tin; 1 tivi! Gi)VCTnmeiil of iho Province into that (Vco cotnniiiiiiciitioa uilh the Hdiiso of A?isrml)ly, which is on cvory accnunt so dcj-ira- l>le. P-i/ cfillin^ soiiif iMimbcrs vf Ihat House to I lie Eucutiue Council, a choiinil far cousiant and uiirvstrainetl intercourse was opened, fr.nn ichiih it svaned reasonable to oiilicipatr. very cousi' dcrahlc public benefit. Notliin^r |,,,s hilhcrto occurred to shake the foundation on which this o|);Mion proceedeil." Now wo SCO ; which the i^ommons are more immediately inlcrcsted. If this cond be safcOj^u,] propcrhj i]onc, the Commons n.nstevcr Je-rslafe on sneh recommendations with a v-ievv to ijratifying- the wishes of the Crown, and r/ie. chj/ preserym- their own interests ; which policy vvould t/.row down the n.ain pillar of their support c.nse them to be shorn of their stren-lh, i^m\ nLlcr tUem weak as other men. As such etfects, and tlw rauscs wlueh produce them, are to be deprecated so a so must those who aftcnpt to introduce sucha b ate ot hmjrs ,„to our political system becondemn- iHno ^""'''"''"^^''^''*-^»"''*^»'<''^'"tl'»aa'cctiou or their The House of Assembly, bavin- duly exercised tuo.r deliberatimi and disposed of the said iMessi- p,as of rioht they could do, we shall of 'course •e surprised, if we discover in the sequel that an at- nnpt has been made, by the persons interested in Iio said Messa-cs, to coerce the House into a viola- lion of their Resolution of i8:«, and to compehi compliance wiHl, the opim\m and recommendation. H c have already seen the Resolution of the Council ou t„c rc^jocdon of the Members' Pay IJill, (socalled,) « (he late session. Bef<,re we proceed to anatomise that Resolution, ,t would be well to remark, that «llhou-h transcripts of the same Messao-es were laid before the Council in 1833, tHy did not put anything on their JouiJJuls as expressive o{ their opinion there- 15 oil ; not even tlmt (hcv t/icn lliouol.! tho ircummru- (liitton " reasonable' aiid just"! Was it ihc caso, Ihat flioy so wtll knew ilicir boundn in carij id/- i„(o cIKtI tlie "lecomtnnnlalioi.," w, that any provision on the said " reeommemlation" '^////.sY originate in another quarter ornot at all. Ao-.iin it 18 not to l)e omitted, that the session of ISSfpa.ssed Kithoiu anr claim having been made hij the Council, and It was therefore vainly thouirhl that the " Opin- ion and licconirncndation" would never aj^aiii b(; Joor^'" ^^ ."t'lnained, however, for the session of J Wo to clJect the resuscitation, and to embody the reclaimed spirit, into what is now emphatically called "The Resolution."— The preamble to this docu- ment purports to contain full and sulj^cient reasons for the llesolulion deduced tlHrefrom. And so it should. The Bill before them contained no wee«- tiyc enactment that the Coiuicil should not be [)ro- vided for, but was positive in its provision for the Speaker and Members of the Mouse of Assembly only. 1 he Council do not recite that the sums provided are extravagant ; they do not recile that wo suck provision is necessary, neither do they say that there IS 071C section or provision of the Bill which is intrin- s^callj/ objectionable ; and yet, thev reject the mix! >V e say that there is not one expression in their reci- tal, which can be strained into a jnstidcation for the Jtesolution. In one respect it is fortunate that the Coiincil thus assigiied their reasons for the rejection ,• ior It can now be seen hy the world xchether their Bcsolution is " reasonable and just. " The fuJlowinfr IG rrcilal uould Iifive bren qiiilf as jtiKflfirnfniv of r| U csdiiihoii as tli<'iro\vi» •^-." Wli. kms tiic Li(Mi(«-iiai f (jovrnior lias ivromnjeiidcd lliiil |)if)\ imOu he ( (or /if ting vp uud irpairiut^ th riat e f SiijncmcCouvl. \\lii< h rtHonimoiidadOi) llijs Mouse lliinks rcasouahlo and just ; and wlicrcas no provision lialh hctn niadr in pursuance of Jiie said rfconnncndalioii ; Tlwnf Resolved, &c/' O no rt'cilal is as nuicli a r ore cason lor llic Resohtlion as llic otln-r ; and yet. on (Ins alone, a\vay o-ocs llic IJill niakinj; provision fur ilu; expeiisr^ of (he lower House; iio(,*as we ha' e said, because if, conJaiiK'd any (liinj;- ol)jec(ionai)le, bnl because it was not, in fact, anuther Bill ; not because the appropri- ation was loo extravagant, but because it was not more so ! This Resolution has but one parallel in the Journals of any British Lej;iflature, and that is, a rcsolntion of a similar texture and conij lexiou, and bearing the impress of the same franjer, which was niso adopted by the Council at the late session, on the subject of the appropriations to the Clerks and Clerks-Assistant of the two Houses. It must ajipear evident tocvery impartial reader, that no motive aris- in^^'''<^^ " Pai|)ablo attempt to coerce be JIouso into a provision which they bad resolved not to make ; they saw that if the Council were (arurly submitted to, and no other effort were successfully made to provide for their own expenses the mm;>/o.o« 0/- (kc Provincial Ueprc^uation would be rhangrd,~~vvc^hh would bcsM,stituted as the chief qualification,-and that ibis was to bo brou-bt Hl.out by the act v( dependents on the Crou>n-hs the bat of rnen o( wadlh or supposed n.eu of wealth, bo.ne Mend)crs feared a collision if ulterior measures uere adopted ; others, (and these fonned a laroo ma- jonty,) while they deprecated a collision, alle^^d that the iJouse should maintain their old posiuon oIlSOI that that position had been attacked, and that everv constitutional method of defence should be adopted • hat the hrst ng^Messioi, bavin- been wantonly made by th. Council, the House were not tamdn "to Rive way: Iheir's was not tiie invasion, but the defence • and If they evinced a firmness of purpose and a dis- position to repel, they might yi,t retain their old and luthcrlo unassailcd position.— Whh these views the House a^rrecd to send up a Resolution of Appropria' tmi, granting tfie same sums to the Speaker and Members respectively which had been provided in the Jhll.— \ Ins was done : upon the discussion of this resolution m the Council, the majority lost one of their former supporters, who was gained by the minority. Tins was an instance of magnanimous, of noble concession. Individual considerations of nride v^ere lost in the broad field of legislation ; and that gentleman not oidy saw his error, but he possessed the self-control which enabled him to confess it — 'i 18 " Hv that !• once ()<»ccivc(l may plciul a venial error; but he who f^ivfs himself to he u (ool twico (liijicd, has nothing liut hiM lull^ to excuse him." While it may f:e i^aid l}iat instaiices of siuh nohle coddiut are of vei7 laro ott iTrcnce, it luay a[»o he usserfcd tliat ho Nvho hu§ ill hi»i« ca*e manifested if, rueiits from I'very f;eiKMous nmid unmeasured commeiuhitioii and piaiso. IJul the accession of owe to (he minority couhl not save (he resolution : it was ne^ati\ed, and its rejection commurucated to the lower house, What "waii now to be done ? Tlie necessity for the usual provision, to preserve the lleprt'sentation in its heal thy aiul cfrective state, was U(hnit(ed Uy every Mem- ber ; and the only poini on which there existed a diflerence of opinion was, how and ivhcn (he House «honld re-asserl the claim. Some thoujjht (hat no further attempt should 1)0 made to oltain the grant until iinother session, when tiicy would bo disposed to po every lcn<;th to procure the provision. A ma- jority, however, were for immediate measures, if any other than had already been adopted could he con- stitutionally resorted to. Some were for includinjy the rejected provision in the "Great Road Bill," with the grant to vjje " Savings' Bank of St. John." Others insisted that its proper place was among "the ordinary services," and that it should be includ- ed in the Bill providing for those services; while others were of opinion that all the appropriations should be sent up in one Bill with the rejected grant. While these various opinions were floating through the House, the attention of Members was drawn to the following logical and nervous Resolution, which was submitted and adopted. " On motion of Mr Brown : " Whereas the House of Assembly of thi' !' -.ii >. sscis the sole right of granting public monies nnd of i.iiMw..i ng iiie supplies as they think proper: and whcrens m: nnnuul sura for defrnyiitg the expenses of the Speaker and Members of the House of As- sembly while attending the General Assembly lias invnrinbly been granted nnd allowed and agreed toby both branches of the Legis- latiire for ? period of more than thirtj'-five years ; and whereas ,h» r>is"ontinu(tHcc o{ such annual allowance would unquestionably S9 hm,i (ht PituhohUrt m thik choict of Rrirrsenfaftf^s tw fht »r^ vrrnl (.nuntiei thro^shout Iht Prnvinc, to tuck prrtont mly a hn cmld njjmd to ^eV« /',»> timt and btar Iheir oicn txpeviti during the iilting of the Lrg^laturi, end would Our fort d«rtdy aflict V/. <•'«"" yra/K/,ur, and th* ri-htt, privilegt* an I liberticM of JIu Uajcsly i luhjccU trithin ■ ^js Province ; tkrrrfgra •* Reiolvcd, Tlinl thii House cnniiol iJifcoiitimic tlia aforoinici ^rant w.thrtiit Bbandoninj; mma of the nir.tt rufntinl right, and prmlegtt oj IliH M„j,.,ty', l„»/ai and faithful subjects m tlit i'rovinct : niitl further •' Reiolvcd. That the aforesaid allowanc* be included amorur the supplies oJ the preunt itwjim." ^ The prramhle and the frsl resolution were fully concurred in hy evert/ Member; hut or. amotion being made to strike ont the latter resoltition, h ma- jority of the House decided in the ncfrativo, and both \ycre adopted. Tho preamble end the (irs' resolu- tion having been supported by previous ar;:tuiient8, let us now look to the propriety of adoptinn- the second resobition. " ^ We have seen that tho reascms asslj^'ncd ' v tlie Council for the rc)c'ctioij of the Bill wvre altogether insullicient, altlioued asa jusliiication ot that act. The Council might then have acted on oro nuU which had been concealed from view ; latent canscx might have induced them to exert their nega ive power ; at all cvent-^, one thing was most appar iit to every person of any Parliamentary knowled^^o, that the ostensible and c'xpressed rmsYm's of the Corn- ell could never hear the test of a xcr..Jni/, and wou d he pronounced by the public as frivolous and uul- proprialc. If no latent reasons existed, every oppor- tiioity should be seized to assail them, as they mu^t therefore ultimately yield; if, on the other hand any more tenable causes were kept from view, every constitutional uieans should bo institnted to drag them to light. Should the House of Assembly then have passively submitted ? No : their submission wo'ild have given confidence to the adverse party, and fr()in their present weakness and imbecility, the Council would derive additional strength for ji re- «cwal of the struggle at the next session. Had the 20 lower Hoiiac then any otFier alternative remaining;', whcrchy lo re-asscrl their just claim, and again lo test the adherence of the Council to the principles of THE IIesolution, or to call forth the hidden causes, if any, which had influenced them in their repeated opposition ? An alternative, and a constitutional one, was at hand. The falchion was there and there also was the arm. The alternative was adopted : it was resolved to include the provision for the Speaker and Members in the supplies, and to send all the eup- l)lies of the session to the Council in one Bill. This was not done, however, without opposition. It was contended that such a proceeding would be inconsist- ent ; that the House having sc- t up their appropria- tions by resolution during the session, it would be inconsistent to adopt the mode by resolution for one part, and the mode by Bill for another ; and it was further contended, that the Council would be bound in honour, and out of respect to themselves, to throw out the whole Bill, when it contained that which they had already twice rejected. The opposition did not stop here : . it was further conteiK^ed that a great many appropriations for various purposes which had been disallowed by theCouncil should be also includ- ed in the Bill, and could be inserted with as much propriety as the provision for the expenses of the Speaker and Members, and that, by omitting those rejected appropriations, the House would also be act- ing inconsistently. In answer to these oppositions it was maintained, that the mode of sending up by Hcsolulions was only permitted by the lower House as accommodative to the Council, and was collateral to, and independent of, the mode by Bill ; that the right of sending up a Bill was still, as ever, in the House, and as u proof that of this right thev had ne- ver been divested, the House had always incorporat- ed the appropriations which had been confirmed l>y the Council in Bills, had gone into committee on the same, and had sent them up engrossed — one for the "ordinary services," another for the "services therein mentioned," and auolher for the " Great Roads of in to lies of luses, cated lional there d : it eakcr e ftup- This t was nsist- )I)i'ia- Itl be »r one t was lotiiid brow vhich n did great li bad cliid- mnch f the those 3act- itions ip by louse iteral t the II the d rie- orat- d I»y 1 the r the (MOill da of 21 commiinicafion tluoiigliont ihc Province." As fo tlio iiu'onsislciu y of luloplin^r tliflbrciit modes for djiroreot appropriations, it was contended, t!>at if (wo modes were d lowed by our Parlianjentary practice lor the atro- vidrng the like improvident and lavi.^h sum as the bill! fhe language of the three professional dissentients, in their protest on that occasion, "that resolutions '^ when adopted remain of record upon the journals, ''and form an irrevocable judf^^mcnt on the subject " matter in question," smacks too much of Tidd and Impey, and is unfit for the Hall of Legislation. As to (he last point of opposition ; that other re- jected grants had an equal right to be inserted, it was answered, that if it could be said of them, or any of them, as it was of the provision for the House, " that the discontinuance of the alloxvancc would deeply aj/ect the Elective Franchise, and the rights, privileges and liberties of His Majcsti/'s subjects in this Province," (heu they had an equal right to be again taken up. neroijB m Uie nilnoritj finl ill 18 was Lciiig- iiHra-jrc *liev (lid Dot urge this because lliey ever wished, or tiver expocitd to succeed, in having- all llie rejected j;i"an(s inserted ; it was done solely with a view lo weaken I ho majority in tlieir intention, by persuading' them flint if one grant ivcrc inserted, all should he] and thus, it was thought, the mnjoritv would bo s :— First, by Bill for that purpose only ; second- ly, by a naked paper liesolulion preparatory to beiiij^ e»){»rossc(J in a Bill ; and thirdly as a separata section of u 71CW Bill, which had not yd been before them. — Mad they recited their decision on the first measure, it would certainly have approached nearer fo a jus-* tification for this act than the recital of their rrjcc- lion of the Resolution, because the first jneatriire was by Bill, as the last : — but (he truth is, an ex-post- facto disapprobation of the principles of the Besolu- T!0N was at this time becoming general, and they would not have a<;ain based any, the lightest, pro- ceedini«; on so frail and unstable a foundation ; and therefore, as they do not refer to their fiist ne;;atrvo act, let us sec how far they arc right in the princi- ples of their last Resolution. The mode of sending up appropriations by rcsolii- lion, we have before seen, was adr)pted by permission of the House as accoinmodati~cc \o the Council. If an appropriation were sent down concurred in by the Council, could the House then lay their hands on and reject it ? Doubtless they could ; and therefore it is not like a Bill which has passed both branches, but has qualities and rules of proceeding peculiar to itself. While it is unparliamentary during the same Bcssion to bring forward again iti the same shape a Bubject which has been once negatived ; so we say it is unprecedented to bring forward again a subject which has been once passed throiigl; both branches : once finally passed, it is beyond their reach or revo- cation until another session. Now the appropriations first pass both Houses in Resolutions, are then ineta- inorphoaed into sections and again pass both Houses in Bills. Tt is well known that any bill, while before the house, may be modified, altered and amended, and therefore (he Appropriation Bills are within this ! '2:> Rule. If so, the decision of neithfr House on th<' resolution of appropriation could l,e considered final and unalterable. The mode, therefore, by resolu- tion, appears to be collateral and anticipatory, and Js intended as a feeler for the opinion of the upper «onse, a kind of conventional method in this Pro- vince of forestallinjr the opinion of the Council on . separate Items, so as every thing may be done by the Jower House {consistentlij with the' preservation of their rights and privileges,) to conform with the anti- cipated opinions of the upper House, and thus to in- sure the subsequent passage of the Bills which em- body the supplies. If the Council reject a Resolution, it does not fol- low that the lower House is bound to omit U in the main proceeding by Bill. This should be clearly understood, as it must hence follow, that there was no invasion of the rigl.ts of free deliberation in the Council, iR the adoption, by the House, of a proceed- ing *;nc//f/ parliamentary. Now the Council sav in then last Resolution, that -the Bill contained a gra t which was not concurred in by that House w» a sent up in the form of a resolution of appro- pi dtion" .--but the grant viaa in a diff'erent shape - It was no longer a resolution, but a section of a bill and that, too, a monej^ bill, and although the crant IS the same as was contained in the Resolution, vet tlie (.ouncil had not rejected it in its final and Ulti- mate form by Bill : again thejr say " thecombinino- an appropriation upon which this House bad passed Its negative voice, in the same Bill of supply with the appropriations, in which this House had concur- red, IS an invasion of the right of free deliberation in this House."—" Free deliberation !" A word badly chosen ; "separate," they should have said. But all the other appropriations in the Bill had been concurred in by the Council, and yet, .trange to say they had not been finally passed in either House, o^ they could not have been brought up a second time. 1 Ills shews the nernlifirWv nf .»i.:»u ._- l . •peaking ; that the Councif may concur in a Resolu^ 2G lion of appropriation and 7iot pa^n i\\e appropilalion, and we remark that a veiv wide distinclioii exist;* between the fftso/w/ion toappropriale and WMiachial appropriation itself. The Council thenisclves cannot deny the right to the lower Mouse of sending up all the appropriations by Bill in the first instance. II ow would they, in such case, find "their right of fice deliheration" ? A much greater invasion wonl~1 lo whom then do we owe Mie loss of the Bill ? Is It to the Council or the Ilo se of Assembly ? Who took the first step towards tbo loss ? \y ho first broke in upon old, and, we may say, prescriptive ri^rhts and usages ? Who Crst declaretl by their act that they would sacrifice the " principles and independence" the reprcseniatiTe election— or— compel a com- pliance with their wishes >-To all the»e we answer — lUE Honorable the Legislative Council the eiipporters of THE Resolution* l—And who repelled this bold fin(\ daring attack on the people's rights^ Who declared that they would not " wear the yoke of servile bondage" ?— We answer— The House ov Assembly, the political guardians of the People » Iheij have asserted their independence, thi»y have acted as becoriies " men who know their riehts and knowing, dare maintain." The A ppropri axons' WERE PASSED BY THE HouSE OF ASSEMBLY : THEY WERE THROWN OUT AND LOST TO THE PROVINCE BY THB LE- GISLATIVE Council. Reader, you have heard all the facti of the case • If you please, reject the arguments, and reason, deli- berate, and judge for yourself. The time has yet to come, when the firmness and independence of the House of Assembly must undergo a more severe test when their adherence to the principles of their late proceedings will be tried as by fire. They are now mingling with their constituents ; they will hear the complaints of the suffering servants of th« nnbUr whose wages hnve been »q recklessly and unr'easou- 2.S ■Mv willilioldt n Tln'y will ImVe tlieirpais R««i!<'t. M'itli (lie coinplttidtii of (lie puor induHfiiMiu tetOerri, \Those rnads iirc inipasisable ; ilioy will dunbilesH have llieir s^mpathieu awnki'iicd by tlitue und sucli Jike lamentations; and, on (he re-asseniblinjr of (ho Lrgrslalure, considerations of hwinamty wir/jr/ sfillc flic call of duty and the voice ofLioerfy. iJiit nhat is a year or two of sufferinj; compared with a life of slavery? Who would not rather "die (he last of British freemen than live the first of British slaves" ? Who would not endure temporary privation and po- vertv for the ^reservation of those rights and privi- leg^es which wore boujjht by our ancestors with their lives? Shall we Uiin recreant, and prove unworthy of our sires ? No — but let the sacred deposit from them received be handed down inviolate to posteri- ty : let the Representatives of the loyal commons of tiiis Province maintain "their constitutional position^ and let it not be ivondcred at, that t!iey who have troubled the waters are lo0- pr i vi- lli cir ortliy , from )steii- ans of lition^ ha vc r own SR.