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S.'Srf'^i'V.fM-^^^^.^^^^'^/S.'N.-O^'W'-I^M^ ^■y ^ vyy'V'*' 1 8 & O , ■»i4 J" ii ♦ 4 Ml* HOUSE OF ASSEMBLY, HALIFAX, WEDNESDAY, MARCH 20, 1850. Speech of the Hon. Provincial Secretary on the Don. J. W. # Johnston's Resolntions* Hon. Provincial Secretary rose arid said : Having: been called upon, Mr. Chairman, by my Hon. and learned friend the Leader of the Administration, as bein^ more fsoailiar with the correspondence which has passed on the various topics touched upon in the speech ofthe Hon. and learned Leader of the Opposition, I rise to vindicate the governmen". from the aspersions which have been cast upon it. And, sir, before I lit down, I shall give to the Committee the reasons which prevent me from sanc- tioning the string of resolutions now he- fore them. The Hon. and learned mover will allow me to say — that those resolu- tions-might have been drawn in a spirit reflecting more credit upon the generous feeling and good taste of the opposition ; he will pardon me when I tell htm, that, in the geiieral tone and tendency of his observations of yesterday — as well as in the structure of his resolutions — a design is palpable, unfairly and ungenerously to drag into this discussion those who should, under our present constitution, be kept entirely free from animadversion in the documents presented to, or in the language used in this Assembly, it is true that the Hon. member has kept him- self more guardedly within the privileges ofthe House, than be did last year ; but »till it will be apparent that there hae been a desire unfairly^ to reflect on the Head of the government. I regret that this disposition is so apparent ; I had hoped that we were advancing to better times— when different feelings would aotuate ut — when the members of this Legislative Assombly, however they might meet ami grapple with each other, would pause ere they invaded the sanctity whieb surrounds the representative of Majesty, or unfairly assail t-he conduct of the Secretary of Stale. 1 say to the hon and learned member at once, that I cannot support his resolutions. VVhy, in the very third line we are called on to assert, that " the self government extended to the British North American Provinces, by the Secretary of State for the Colonies, having placed the local affairs of the Province in the hands of the Executive Council, unrestrained by any control on the "part of the Lieutenant Governor or the Imperial Government, it is necessary to correct the anomalies and inconveniences unavoidable in the applica> tion of Imperial usages to a colony, &c." Now, Sir, I say I cannot give my sanction to such a ppessed. The Executive uncor»trailed ! S»r, the hon -gentleman little understands the restrnining and controlling influences posseesetl by the Queen and hy theQueeda't Reprcst'oiMive ; but how does he reconcile that a3seiu*)n, in the preamble of his reso- lutions — with his remark in the concluding part ef his speech of yesterday — that '*a go-^ vernor might come here who would obstruct the party obtaining power, holding opi- nions contrary to his own." Sir, ihey cannot be reconciled, and the hon gentle* man must feel the dilemma into which he has fallen by the use of two argaments se // M utterly contradictory. Agairr, the pream- ble goes on to say, '' Nor is it lesa obliga* tury on the House to obtain more stalility ani rer/ain/^ for the principles of Provin- cial Governinent than can be now relied on — the present Secretary of Stale for the Colonita having, both in declarations and acts, shown that a Minister of the Crown in the administriition of Colonial Affairs may hold himself free to di&allow what a predecessor in the exercise oi his official- functions had established." I'iie hon. gentlenoan wiijhes to ensure stability and certainty to our foim of government, and in order to effect this most desirable object he calls upon this House to aid hinvin chang- ing the constitution at least once a year. What have we next? A Minister of- the Crown may hold himstlf free to dig- allow what a predecessor in. the exercne of his official functions had eslablisfied. What arrant wani. of all constitutional knowledire the learned leader of the Opposition > plays', if he really penned this pasdiiire in a spirit of queruiouii complaint. Why, sir, what are Ministers of the Crown for, under our admirable Kysiem, but to ad- vance with the spirit, of the age, and to change in accordance with that spirit what their predecessors had established ? Are not ministries changed, and cabinets re- constructed, for this especial end'? If what was once established could never be changed — if extravagance could ncer be retrenched — or a man once in office re- moved, we should be living under a des.-> potism, and not under a consiitutional monarchy. So much for the first reciiul ; the second affirms that "//»e Lieutenant Governor has been denuded of allpowcr.'" — Is this true? The hon. member may think so, but suppose'ihese resolutions were to pass to-day, sanctioned by a majority of the Aasembly ; the hon and learned mem- ber would soon become aware of the power which the LieatenantGovernor still wields — and would be made to feel that he had tlte spifit and independence to exercise it. But, fti'r, would the hon member wish any Colonial Governor to exercise a power altogether independent of the representa- tives t>f the people ? If that be the aitn, he would fasteu apon thid people a system despotic and arbitrary, and which would ki at once repudiated. No ! Sir, the hon eentleman is- inenrreet ; the Lieuten* ant Governor does exercise all the power which the Queen's Representative can or ought to possess, under R'^sponsible Gov ernment — more he does not claim — legs his present advisers would not ask him to exercise. But, again, we are told that w->re ho " to exercise this independant control, he would disturb the principle of responsibility." That would not be the result. Were any Governor to pursue a course of recklpssly independent conduct — to disregard the feelings and wishes of the people — the principle of responsibility would' not be disturbed, but it would be brought into play to check and controul him. Dismisa his advisers, he might — ap^^ peal to the country, he might — and what would be the result ?* Back, in all proha- bilitv, would come the very men whom he had dismissed, as back once came a set of men who were unfairly compelled to re- tire ; and the people would wrest the usurped authority from his hands, as promptly as they would sustain a Govern- or unfairly pressed upon by his cabi- net. Sir, a Lieutenant Governor has privileges and powers wWch should be exercised with moderation and justice ; to use them as the engines of oppression would be but to overthrov^ himself. The recital goes on lo say that — " ao long as the Lieutenant Governor is to be viewed as the head of the Provincial administra- tion, &c. he must either ainlc into insig- nificance or become the instrument of Executive obstruction." What the hon and learned member means by the head of the administrntion, I know not ; but let me inform him that the Lieutenant Governor of Nova Scotia is the Queen's Represent tative, and that my hon and leariicd friend tiie Attorney General is the head of the Provincial administration ; just as Lord- John Russell is the head of the adminis- traiion in the mother country. Lord El- gin is Gijvernor of (yanada, but Mr, Lafon- taiiie is the leader of the administration, and, in thi ■£«■ uieuten-* power can or ie Gov- iin— /cm liim to [)ld that i pendant icicle of be the )ur8ue a conduct rishes of insibility ould be cuntroul »ht — ap* lid what 11 proha- tvhom he I a set of d to re- rest tho ands, as (jrovern- lis cabi- rnur has hould h» atice ; to ppression ;lf. The • lonsr aa e viewed iminisira- nto inaig- uinent uf the hon he head of [)ut let ine Governor Represen- r.ed friend id of the as Lord adminis- Lord E!- ilr. Lafon- nistraiion, colleagues privileges t, then, if 3 adminis- e hon gen- lificanee or cutive ob* utruction. fn the one case the reverence due the Sovereifjn being insensibly dimin- ished by the C'inteinpt engendered for the office of Her Representative ; in the other (he harmjny of the Province being endan- gered by (he violation of a principle which the Uritish Government in the last twp years has afTirmed, and Eurl Grey aa Colonial Secretary has sealed bv acia of unmistakeable signidcancy." The hun and learned member might surely have couclied bis ideas in milder terms. He has thought lit, howevf-.r, to Commit a breach of all propriety by levelling his sarcasms at lli.rf QuHen's Hepresentative, in&lead of at he administration. But let me tell that hon gentleman that the entire inde» pendance of the local government, in the sense here recited, has never been conco- ded. I admit that Lord Grey, having 'franklv yielded the principles of Respon- sible Government, has left them here, as in Canada, tb their natural and appropri- ate developeraent ; giving us good counsel when he thinks us wrong, and husbanding his great powers for great occasions ; he does not controul our free aclicm in ques- tions purely Provincial, or irritate nnd obstruct by iieedless iiiterff-rence. Hut Lord Grey could yet send his instructions to dismiss or to reinstate any officer hold- ing office during pleasure ; and the learned member knows rigbi well that the power to reject measures passed by this Colonial Legislature is yet retained by the home ministry. Having then shewn the pream- ble to be ansoDnd in princi|)le, as well as unfair in expression, I shall briefly refer 'to the resolutions The first opens with this line; *' that tu avert the evils of renewing questions of government;" the hon gentleman might have added — 'I will do my utmost to get up a partisan debate upon the Consiilulion. Bui does he ever expect to prevent ttm discussion of questions of Governmeni ? If so, er that the Lt. Governor shvuUl 4>e re- cognised as an Imperial fonctioiMry ." — Why, what in the name of common sense Is he ? The Queen's R«pre8entative,iBa8t, to a lurge extent, bean Imperial function* ary — charged to protect the preroga- tives of the Sovereign and the intereaie of the Empire — hut he is at the same time the Governor of this Colony, t?uarding the interests — and advancing the welfare of this people. Each of these honorable obligations is perfectly 'Compatible with the oiher. But "he is to hold no relation to Colonial aHairs — ^^beyond the ceremo- nials of office." Will the hon. gentle- man favor us with the scheme by which he intends to carry out this bright idea. Suppose he were to walk up to the Lieut- eiiaiii Governor — with his resolutions in his hand — and a large Committee of this House at his back, and say, please your Excellency — the House of Assembly say 70U are an imperial functionary — the hon member might wish to add an "iMpcriows" functionary also. Well, the Lieutenant Governor would naturally enough reply, '1 cannot help what the House of Assembly style me — there is not much in a name — we need not dispute about it." *' But, please your Excellency, there is eome- thing else, you are to be a mere nonen- tity — to he denuded of all power-f-to do naught but wear your cocked hat and sword and attend to the ceremonials of office." Fancy the learned gentleman in a position to use such language. He would soon be made aware of the fact, that the Queen's prerogative is a little too powers ful to be taken away by such resolulions as this : ''I am an Impemal functionary, "his EKcellency might say ; — ''ajtid you seek to divest me of all thenQueen's prerogatives. The people judge first between you and rae, and then we shall see if the Sovereign's power here dues not pass for something." The learned member once accused us of attempting '* to wrest the prerogative" from a Lieutenant "Governor, merely be- cause we ohose to retire from his Council — when we could not concur in his eels. He aims at direct usurpation, and would surely earn his reward. The next Reao* lution goes on to sav that, " to fix this character to the office, it is pruper tbt Lieutenant Governor should be paid eattfeJj bj 41mi Imperial Uoverameot."— ^ 6 SuppMe that resolution carried ; dues the hon gentleman think that wiih his salary the Uovernor would also surrender the prerogatives of his office 1 No ! sir, they would be retaified still, and be used quite as independently as thoui^ the salary was paid entirely by the Province. He next asserts — " that if this Province shall be required to contribute any sum to^wards the Governor's salary, jS'lOOO wooM fully meet the just proportion" — and the whole drift and strain of the hon gentlemftn's argument was this : Lord Grey has dis« graced and debased himself; and for what ? because he repudiated Mr Faii> banks' claim ta Jb'60(^ in ^perpetuity, the salary being voted in an annual law ; be» cause he did not attempt to force this Pro- vince to grant Sir Rupert George a retiring allowance of more than j£7O0 a year ; be« cause he did not do wh^at he had not the power to do, self«g gislature to repudiate that contract ; to do an act ten thousand times more flagrantly unjust — than any which he charges upon the present government or upon Earl Grey. I now come to the last preamble and reso« lution, which affirm that, " the construc- tion of the present Legislative Council — is inconsistent with the harmonious working of the present mode of government." Sir, that assertion is not true, and I cannot vote for it. Since the introduction of the Responsible system, no inconvenience has been found to result from the construction of that body. I challenge the hon gentle man to put his hand upon a Bill destroyed by the Legislative Council of this Province —or upon ont. instance of collision between the two branches since 1844. The Legis- Utive Council are not quite as powerless now — nor would they be as powerful kereafter, as he would wish vs to believe. That body occupies the position which- it was intended to occupy — and maintains a rigid surveilanoe over the proceeditgs of this branch. Let the hon gentleman shew me the measure from 1844 to 1847, where that body oame into collision with this House. There has been none from 1847 to ISfiO. There is none now. The members of that Body have given us much valuable information and assistance, but no one act of their's warrants the hon and learned member for Annapolis in preferring the charge contained m that resolution. But let me turn the hon member's attention for a single instant to the old Council — a body much- reverenced by those on his side of the House ; one fiact will enlighten the people of this Country and shew them tiie working of the anomalous and unsound condition of things from which they have escaped. Does his mind not go back to the period when Bill after Bill passed by this Braneh was unoeremoniousiy rejected by that old Council 1 1 could nut help thinking, when I heard the hon gentleman inveighing against the present Council yesterday in no .measured terms — that were that^ s>ystem still in operation, he would very likely harve found himself in the position in which I was in 1837, when, after this House had, by a large majority, passed resolutions for redress of grievances, including the reconstruction of that Body, we were obliged to rescind them, in order to save our Road and Bridge money for the Country. Now, then, we have got rid of that obstructive power, the effects of which are recorded and can be read on every page of our history. The fault which the hon member finds with the pre- sent body is that it will not act as an ob- structive and irritating power. Were the hon gentleman to come in tomorrow with a large majority at his back, no Council, however intelligent or influ- ential, could or would impede the action of his government : their good sense would teach them that opposition to the wishes of the country would be factious, and would be the ruin of the very principles they themselves had streuously maintain* ed. Sir, the constitution now in opera- tion rests upon the 'Aat of nu Colonial Se* cretary,' but upon the treasured experience ef fifteen years of painful and laberioiu. vhioh- it ainuins a ledings of im)io shew 47, wheia with this )m 1847 to e members h valuable Ho one act d learned erring the ion. But itentiun for il — a body on bia enlighten hew them id unsound they have back to passed by BJy rejected 1 not help gentleman it Council erms — that sration, he himself in '837, when, e majority, grievances, that flody, n, in order money for lave got rid I effects of e read on The fault ith the pre- ss an ob> r. Were to- morrow his back, nt or influ. lie action of nse would the wishes itious, and ' principles maintain* V in opera- !olonial Sa- ezperience i laberious. discipline — it is based upon a great prinoi' pie — upon the resolutions and addresses of Canada, New Brunswick, and Nova Sco- tia, and I could point him to a volume of them, shewing that while the British colo- nies have won for themselves a constitU'* tion equal in expansibility and strength to that which exists in the Mother Coun- try, they have won it by the same means. Our Sovereign did not confer it upon us unsought — but, bless Her Msjesty, for not lefusing it when the almost united voice of this people craved it at her hands ! We owe it to no Colonial Secretary — we wrested it, step by step, against the pre« judices and apprehensions of various Se- oretariea from 1837 to. 1847. It was the vigour and intelligence of the British co* lonists, steadfastly aiming at high objects, that won this victory, and the |hon and learned member for Annapolis will find that they knew what ^l.ey were about-;- it was no mishapen bantling they nurture •d ; and, having brought it into the world — given it life and being, and mark- ing its thriving condition, they will be pre' pared to watch narrowly, and steadfastly oppose, each change that may mar i(s vigor and expansion. This system, at first opposed by all pat- ties in England, has since .been recog- nized by all. When Sir Charles Bagot came out as governor of Canada to sue- ceed Lord Durhamt there was not a Tory who did not exult because he be- longed to the old Conservative School. — But Sir Charles came ^ out, and with a frankness, !m partiality, and manlk. ness, w hich was creditable alike to himself and the party of which he was a member, yielded to the majority — and his course was ably sustained by the Colonial Minister in his place ia Parliament.— Now, Sir, what danger need we apprehend from this fiat, of which the honorable and learned member seems so dreadfully afraid ? The learned mem<« ber for Annapolis resisted the introduction of responsible government while resistance was possible— bu ty of the British people— and concealed it -for mdnths, allowing a general election to take place without making it public, ho would not only have lust his place, but have been looked upon as a statesman unworthy the confidence of any party. That was done by the hon gertleman himself in Nova Scotia, even while he admitted the principles of responsible 0o<>- vernment. We charged him with the com- mission of the act, and made him pay the penalty as far as we could. '^I'hc hon and learned gentleman might take into consi- • deration the difSculiies which surrounded him in hie public career and make allow- ances for others. As far as I have mark- ed the public conduct of Earl Grey— 1 may say in all sincerity, ihai as a British Mi- nister he has entiiled him«elf to the thanks of this people. But, sir, Earl Grey is the descendant of a house which the hon. mem- ber for Annapolis does not like — he be- longs to a family which the Colonial Tories have always hated. Lord Grey's father was the father of rhe reform Hill ; his re- lative, Lord Diirham, was the author of that celebrated report which destroyed the old Cn'onial system ; His Lordship him- self, has used every expnion to coiilcr upon this people r ponsi BGovernmeni — find therefore we are at no loss to trace the origin of th«se biiter feelings which now and again shew themselves in the learn« ed gentleman's speeches end resulutions. We have been tuld that Lord Grey has repudiated just and legal contracts^: sir, I deny it — / dent/ it. 1 pall upon the hptt. gentleman to point me to the hw which Earl Grey has violated. Did he violate any law when he santioned the Depart- mental Bill ? None. If any are to blame for that Bill, it is this Legislature. Did he violate any law by not paying the ar- rears 1 None. These deiir-inds were charged upon the colony by the parties themselves, not only wiihout law, but in defiance of a law passed i'l 1S44 ; but the Province did not think iiself bound to pay them, and there was no law to coerce this Lnoislaiure or the Colonial Secretary either. The hon. and learned member told us that the only reply received to the addresaesof the dismissed magistrates was — that Her Majesty had received them •'very graciously." Now he must Ije aware that that is the ordinary form of acknowledffemetrt uptm the reception of an aded a majority condeiuniito the act of the Miiiisiers, could the Queen do more for the (chancellor, than JCarl Grey did for Mr Fairbanks 1 Sir, the loot gentleman is not dealinsj fairly wiih this House, either in reference to Mr Fairbanks' case or to the arrears We fixed a scale of salaries ia 1844-^the BpI passed is exactly similar te that of '44. I he Country liad decided ire its favour at the Hustings, after ample di« i 9 I the hqtt. w which ■le violate Depart- to blame ure. Did i<;r the ar- nds were ie parties w, but in ; but the ind to pay oerce this Secretary member ed to the rates was ived them niU3t be form of ption of an • Majesty's nd learned )e Country i Tested no ards those geiiernus orgiveness )epartmen- Ciirce us to liy should »wn officer wn money. ir(t John p. (.'hancel* or life, and hat change ttiem, that e — And the 3 of her mi- act so flag- J retarded ict of the rnore lor did for Mr ?man is not eiihpc in 1 or to the salaries in ' similarto decided h ample di< euBsion — and what would have been tho resalt had Karl Grr>y refused to snnctiin ii? The ('olonial Ministry would have been dissolved — the (youniry plunged into another protracind struggle, lu order that this people miyht re-assert their light to withiild (rom any man office or emolumont to which they dirl not think him ontitlod. 1 come nf>w, Sir. lo this Magisiriicy story. Let the lion, and learned Meinher read EarlGrey's Speech in Parliament, and he will find tlmt he has no reason to complain. J''arl (Jrey did not disguiso his opinions on that question either from the ProvincialGovernrnent or from Parliament He treated it as a question of general poli* cy, involving infiniie detail, which doild only be wisely dealt with within the ('olo' ny itself. He did noi say tliat 40 Magis- trates were dead, as some of che papers re- ported, — hui, coiiirovening the assertion of the learned genileman and his friends that 100 had been removed for poliiicJil reasons, his Lordship deelared that ofiliai 100 only about 40 were eo rnmove.d, all the rest be- ingf dead or removed on specific grounds. i feel how wearisome It is to trouble the House with these t-ld slories. and yet the hongentlemaii compels lis to travel through them merely to saii.-ify Ins pro[(ensitv for grievance hunting, lie assails Earl Grey — with almiisi every term of invective which he can rake logcilier, — one of the mighty charges wliinh lie |)rL>ft:rs is that his ■Lordship reliised lo v;ike notice of a memo- rial, from some of Her Majesty's subjects, because it h;id not been forwarded ilirongh the ordinary offii'iil channel of coiiimtinica- tion — and he styles this a nu-rn technical objection. Lei me answer him by a eei oif, In 1840, when the Assembly of this Province — i large majority of the Repre- sentatives of the whole people, not a body of memorialists, passed an address to the Crown praying for the recall of the Lieut. Governor ; ,ind believing that it would be u-ifair 'o put suc*i a document into his hands it furwird .ordered theSpea- ker to send it — Lord John llnssell declined to lay Ai at the ioot of the ihnmo or to take the slightest notice of it. — Did the h(»n gentleman ever complain of that 1 Did ho rise in his place in Parlia- ment and (ienounce thii as an arbitrary and unjust act? xlo and his party took the benefit of the rule, and he has suddenly awakened to a sense of its injustice, and bitterly complains of its application to a hole in corner addresS), got up by a few discontonled poreoiis who happen to be hi* friends. But again he says, wliy did not Lord Grey pay tho arreari) ? I answer simpiv, becauao he had not ilie power ; he could not pay lliem vviihoul the consent of this Assembly, and they wduld not co!i» sent. Hut if the non gentK-man ileenieil these arrears justly chargeable upon 'lie Province, I ahU him wlij it was thiit while the leader of the govrrnment, wiin a ma^ jority at his hack, and that overflowing treasury of which he vaunts so lunth, at his coinrnaiid, ho did iiot pay them him- self ! 1 will solve tlij problem, sir. It was because he couM n» i — daro nol, do 60 ; because ho cnuld n( I get a niajority, even of Conservatives, to aid him. Then, sir, what in the height o!" Iii.s power the hon gentleman himself, ncitlier could nor dare do, he stands up her(5 and reviles Earl Grey for rufuaing to perform. The hon gentleman iclerred lo tho indemnifica- tion of the r<;bt!l losses. Mr, we liave business of our own to attend to ; as a public mill I might approve or disapprove of that liill — 1 am here to express no opinion upon it. Thai iJilI, however, ap- propriated ihe money of Canada by a de- liberate act of the Canadian Legi:lature ; it may be that the power confuKid lo the people is nol always wisely u&ed ; but is it right that upon every misapplication of funds a rebellion should be g(»l up ? — Wliether in ilnst case the legislators of Canada were right or wrong, the constitu- tional jiidgcr, the only tribunal to which they are responsible, is the people Sir, is it not nonsensical to urge that the Colo- nial office, overwhelmed by a press of business, called upon to attend to the more weighty affairs of the Colonial Govern- ments ov\'ing allegiance to the Crown of England — should be obliged to pass upon the dismissal of every drunken or incom- piitent Magistrate, upon every question i>f salary or appointment t.o oflice ? VVhy^ Sir. the passage of the leform bill saeri- fii-ed Recordeis, Town Clerks, and otiier o(!icers,\viih salaiies superior to that which Mr. F.iirbank's received, by hundreds. 13ut then the hon {gentleman argues that i 10 beeaone Parliament did not fnterfev^, their power is gone, 1 di&r with him. Let him once attempt to foist upon this Coun* try the doctiines inculcatec^ in the latter part of his speech — and he wUl soon be- come aware of the grievous error into which he has fallen. Sir, I can admire the manliness — even though I deplore the error, of one who comes boldly forward theadvo- cateof certain principles, but he who covert- ly attempts what he date not openly avow, occupies a place much lower in my estimatiH on. But the hon gentleman has dealt in an equally unfair manner wi;h the govern* mciit and with the Lieutenant Governor, as with Earl Orrey. His Excellency's siiis are three fold, said he ; — Mr Fairbanks, Sir Rupert George, and the Judge's Sala- ries. Sir, when years ago, I first entered this Legislature, the Lieutenant»Governor was to all intents and purposes a despot — but he is now a constitutional officer ; the change which has been going on is the change from James to William, from the state of British Government before the revolution of 1688 — with all its despotic and tyrannic accompaniments — to that after 1688, which gave extended civil aad religious liberty to the British . people. Let me first refer to the case of Sir Rupert George, — how did he stand when the pre- sent Lieutenant-Governor came to (he eo* luny ? His irresponsible station had been canvassed over the country for >ears, in the Legislature — in the rural dcstricts, in the press. Th& present Lieatenant-Gover- nor had aothing to do with these discuA- aiuns, nor with the elections by which the fate of parties was determined. By the Despatch of the 3Lst of March His ExceU lency was instructed so to fbcm his admU nistration as t!0' include ceitain public officers ; and in aHowing Sir Rupert T>. George to keep that Despatch in his office for eight or nine months, Sir JoImi Harvey displayei a confidence in the former go- vernment, and a rejird for their interests, thit its members have but ill repaid. — The principle of responsibility had risen, swelled, extended, and been recognized, before the present Governor came here; ha had naught to do with it. He found cer«, tain salaries and the permanent position 0( eertainoflioers complained of by the people, aad surely if he had nothing lo do with the discussion before he received tke despatek 31st March, he was relieved f«om all res- ponsibility after. In it he was informed by his Sovereign, that upon the issue of the elections, then approaching, depended the tenure by which certain gentlemen held their offices and seats — and that in the event of a majority being returned in favour of the Liberal views, they sbouJd be obliged to retire from both. Thus in- structed, the elections came off,and the re- sult which Lord Grey foresaw took place ; the House met — a vote of want of confi- dence in the then Ministry passed ,and those persons were obliged to retire from the G«- vernment and to resign the oficeethey held — leaving the amounts they were to receive as pensions to-the after consideration of the Legislature. The Hon. Attorney aiid Solicitors General at once retired — they knew they could not hold their positions an hour. But an attempt was made to retain the Provincial Secretary in office — in violation of the very principles for which we had been contending — and the hon. gentleman little knows oc appreciates the delicate attention and kindly feeling subse* quently lavished by the Lieutenant Gover- nor upon that officer. Sir, I believe the Lieutenant Governor went to the greatest lengths which in his position and with his- high responsibilities— he dare go, to serve Sir Rupert George ; the present Govern- ment urged upon him that these offices were to be placed entirely at their disposal — and he could not refuse, without vioUt- mg the express commands of his sovereign. Bu'., sir, I can hardly help smiling when L hear the hon. member for Annapolis, with, doleful look and sighing voice.allude to the wrongs and injuries of poor C^ir Bupert. — Why, Sit, poor Sir Rupert has been draw- ing from the Treasury of this Province, ever since he left office, jCSOO as a retir>- ing allowance for the Secretaryship ; and jC375 from th? Registry fees ; making X'875. This sum he has received since his retirement down ^o this time, while the present Secretary rh.:di"es but jG7UO for doing the whole duty, £l15 less than poor Sir Rupert gets for doing nothing. I complain not, Sir, of the emolument L receive fron. my Country ; but it ill be- comes that hon. gcnllcmi^n, day by day^, to reiterate assertions of which be muati 11 he detpatel^ om all res- s informed e issue of ;, depended gentlemen md that in eturned in ley sbottJd Thus in. ',aiid the re- took place ; at ofconfi- 3d ^nd those om the Gs- see thej held re to roceive ration of the ;torney and Jtired— they eir positions as made to in office — 68 for which d the hon. )reciates the eling subse* inant Gover- believe the the greatest ind with his- go, to serve int GoTern- hese offices leir diuposal Lbout violat- i sovereign, ling when L iapoli8,with< illude tothe r Rupert. — been draw^ I Provinco, ) as a retirr l^ship ; and s ; making lived since !, while the £1[)0 for less than lothing. I nolumcnt L It it ill be* f by day,, 1 he must. feel the slight foandstton. He made re« ference to the bill which passkid the House the other day. Sir, he well knows that theGovernmenthad no power to prevent the passage of that measure ; but we well know that strong as is the present go vern« roent, and strong it is, supported by a body of men whu,on most occasions, give us their generous support and confidence, while we could not stay the passage of that mea • aure here, had we attempted to force it opi en His Excellency iwithout a suspending clause, 1 have that confidence in the roan' liness of his nature — and the resources of his position, that I believe he would have dismissed us from his Councils, and dis- solved this House, rather than submit to pressure which he deemed unfair. Now, Sir, how has the Lieutenant Governor deserved the taunts which the hon. and learned gentleman has showered upon him touching the case of Mr Fairbanks ? What man in his senses will blame the head of the government for the position rn which that gentleman stands ? for myself no man would go further, to restore that officer to the public service, than I — but, sir, I must deal with this case as it has been presenix ed. He was appointed under the late administration— every hill top in the couoo try rang with the clash of opinions which took place upon that appointment. When Sir John Harvey came here — he could not still the clamour which had been raised — nor calm the feelings which had been ex • eited ; and the hon. gentleman well knows that the present administration were pledged to the Country to remove that officer upon their accession to power— because of the position he occupied, and not because he was persanajly obnoxious. Sir, had it been my own biother, and had it been necessary, in vindication of the constitutional principles; for which we con- tended, to have hanged him — I shoujd^have aubmitted to the painful necessitj^. Sir, if we had conceded this principle touehincr the Treasury— what could have prevented it from being made applicabie to the offi« ces of Attorney and Solicitor General ? what restrainmg influence would the; j have been to prevent another Colonial Sec- retary from pledging any of our offices for life to individuals he desired to favour 1 The boD. gentleman has told us of the fair Nymph the oflfspring of Thompson 'screative fancy — yielding herself a wilfing sacrifice to love's delicious charms — and he compar* ed* the Lieutenant Governor to her — al- lowing himself to be led by the advice of hrs Cbuncil to sanction his own salary ,^ whilst he refused to others their arreava and pensions. Sir, the man or the woman may be pardoned who sins against pro- priety, in the heat of passion — but there is no pardon, no excuse, for him, who sika down calmly and deliberately to plan the destruction of a people's liberties — the violation of a constitutiorx won by the perseverance, and dedicated to the pro" tection of his country. But what did the Lieutenant Governor do in either case tO' warrant the poetic license? did he hand Mr. Faitbanks over to his Council — bound hand and foot ?— did he consent to remove him from his office at once ? No ! sir,: — though that demand was made in Feb. 1848, His Excellency refused to yield.r— The question was referred to the Legi9la-< ture and debated 04it fairly and fully — andt the Departmentar Bill passed. Did ha sanction that Bill without a suspending clause ?^ No r He sent it to England witb all the arguments for and against it. It was returned, and was again submitted to this House, with Earl Grey's fawwirable arg'iraent, freely communioatec)'. A second time it was passed by tiie Legislature, and finally received the sanction of the Queen ill Council. What more could' ;he Lieut- enant Governor do ? nothing ; he gave Mt. Fairbanks every fair chance of test- ing the feelings of the Country upon his case — and submitting it to his Sovereign, but when his lemoval becatne absolutely necessary. Sir John obeyed his instructions, and yielded to the necessities of his posi- tion. L come now to the matter of the Judges' salaries. According to the hon. gentlemen— the Lieutenant Governor waa to blame fur not stipulating that every farthing should be paid to those officers. Sir, I do not believe that the Lieut Gover- nor, would have withheld a single pound of the arrears had he been allowed to con- sult his own inclinations. But the judges- had been mixed up with the conflict of parties ; — their salaries had been fiscd and settled over and over again* I was called on fur sny opinion — I gave it, and I bUU» 12 i M i..i helieve that the Judges of the Supreme Court have no claim to higher salaries ■than the heads of the Departments. The 'hon. gentleman knows right well that there were others to be consulted — heside the Governor— he, I am sure, shewed no want of generosity and thouahtfulness in the course which he pursued. This House was the tribunal to pass upon these ques- tions — and it was hardly to be supposed that when, fresh fmrn the people — ii ha-', adjusted these salaries, the Lieut (Sovernnr would lake the responsibility of interfering with its deliberate action. TheCommission of the Pea(ie,al.so furnished the hon member with the opportuniiy for another display of his vituperative powers. Ujion the accession of the present parly to office — it was felt to bo abs(>luiely necessary that a new Commission should be issued in order that the old one uiijiht he purged of those deformities with which long years ot mis- rule had filled it. The subject was brought to the notice of his Excellency ; was he to break up his ndministration for such a cause ? to cast back the country into that state of chaotic confusion from which it had but just entergpd ? and because he did not do this act of folly and madness ; because he took a free and independent course of action— the hon genileman thinks he should be but a Royal Commissioner. — Sir, were the hon. gentleman's resolution to pass — and ho to convey the message to His Excellency — I wiH venture to affirm, that the answer he would receive would complete his political education. Yes, sir, and weie he to go to this people, to- morrow, with his resolutions in his l»and — they would also teach him i!ie diffi-nence between a Royal Comniissitmer and the Queen's Representative — from both misr, sion would he return equally insiructed. But, sir, I really thought the hon. and learned gentleman would get through one speech without referring to that o\d pamphlet of mine. I had once an Uncle who was very fond of Hudibras — he read it at all Ikmits of the day — iu fact, 1 believe he prayed in Hudibrahtic verse. So with the hon. gentleman and my old pamphlet Hearing him refer to it so . often — tempts me, on some occasid every one of itvcm 1 found just what 1 expect" ed to find — that my view« were decidedly opposed to his. I was younger when 1 wrote this little work, but I am glad to see the le;uned meiitbor refer to it so often. Hun. Mr Johnston. — 1 have not a copy. Hon. Provincial Secretary. — Well, J shall have a ropy bound and lettered in gold : '• The Hon Provincial Secretary to the Hon Mr Johnston," and send it to the hon and learned member. {Lauglt- tcr.) I have turned to the pages of my old pamphlet, and what do 1 find ? Let me read the hon and leatned member a passage or two. Here he will find the power defined (tf each branch of the go- vernment under difr«rent heads. " The QuicnarifJ Parliament — I leave to the Sovereii/n, and to the Imperial Parlia" mcnt, the uncontrolled aulh«»rity over the Military and Naval force distributed over the (colonies — I carefully abstain from trenching upon their right to bind the whole Empire, by tiealies and other di- plomatic arrangements, wit'h foreign Slates — or to rey;ulaie the trade of the Colonies with the mother country, and with each other. 1 yield to them also the same right of interference which they now exercise (Tver Colonies, and over English Incorpo- rated Towns, whenever a desperate case of factious usage of the powers confided, or some reason of stale, affecting the pre- servation of peace and order, call for that interference. As the necessity of the case, the degree and nature of this inter- ference, would always be fully discussed by all parties concerned, I am not afraid of these great powers being often abused, particularly as the te^nptations to use them \voold be much less'.med if the inter- nal administraiion were imprti«ed " " The Volonial O^ce.— -The Colonial Secretary's duties should be narrowed to a watchful supervision over each Colony, to. see that the auihority of the Oown was not impaired, and that Acts of Parli;iment and public treaties were honestly and firnru ly carried out ; but be sbuulJ have v^ inculcates ; i degree of or nut such irence to it, ng the hon. itivf'd every lat I expect" e decidedly get when I [i glad to Bee it so often. not a copy, jr.— Well, I lettered iti Secretary send it to r, {Lauglt- afjes of my 1 find ? Let ed member a nil find the h of the go- Is. t — f leave to lerial Parlia- ity over the liibuted over bstain from to hind the id other di- oreigri States the Colonies I with each le same right now exercise lish Ificorpo- ^sperate case irs confided, tins the pre* call for that (ity of the f this inier- ly discussed I not afraid iften abused, Diia to use if the inter- ved " 'he Colonial narrowed to !ach Colony, ! Oown was Parli:imeni ily and firnu aid have i^ IS' right to appoint more than two or three officers in each Province— and none to intermeddle in any internal affair, so long as the Colonial Government was cnnduct' ed without conflict wiih the Imptrial Goveinment, and did not exceed the scope of its authority. This would give him enough to do, without heaping upon him duties so burthensome and various that they cannot be discharged with honor by any man, however able ; nor with justice or safety to the millions whose interests they aflfect. His responsibility should be limitted to the extent of his powers ; and, as these would be familiar to every Eng- lishman, exposure and punishment would not be difficult, in case of ignorance, inca pacity or neglect." Then, Sir, after showing how the old system hampered the. Queen's Represen- tative, and made him powerless and unpo- pular, as a matter of course, the contem- plated change in his position was thus foreshadowed : — " The Governor. — ** Now let us sup- pose, that when a Governor arrives in Nova Scotia, he finds himself surrounded, not by this irresponsible Council, who represent nothing except the whims of his predecessors, and the interests of a few families, (so small in point of numbers, that but for the influence which office and tlie distribution of patronage give them, their relative weight in the country would be ridiculously diminutive) — but by men, who say to him, " may it plense your Excellency, there was a general Election in this Province last month, or last >ear, or the year before last, and an administra- tion was formed upon the results of that Election — we, who compose the Council, have ever since been steadily sustained by a majority in the Commons, and have rea« son to believe that our conduct and policy have been satisfactory to the country at largo." A Governor thus addressed, would feo'., that at all events he was sur^ rounded by those who represented a majo« rity of the population — who possessed the confidence of an immense body of the electors, and who had been selected to give him advice by the people who had the deepest interest in the success of his administration, if he had doubts on this point-^it be bad reason to beheve that any faction^ eombination. ha:d obtained ollicv- improperly, and wished to take the opin- ions of the People — or if the Executive Council wished to drive him into measures' not sanctioned by the Charter, or exhibit-- ed a degree of grasping selfishness which- was offensive and injurious, — he could af once dissolve the Assembly, and t peal ta the People, who here, as in Elngland, would relieve him froa: doubt and difllicul- ty, and fighting out the battle on the hU8« tings, rebuke the Councillors if they were wr«)ng. This would be a most important' point gained in favour of the Governor — for now he is the slave of an irresponsible Council, which he cannot shake off; and is bound to act by the advice of men, who, nut being accountable for the advice they give, and having often much to gain and nothing to lose by giving bad advice, may gel him ir.tu scrapes every month, and lay the blame on him. The Governors- would in fact have the power of freeing themselves from thraldom to the family- compacts, which none of them can now escaj:e, by the exercise of any safe expedient'' knnirn to our existing Constitutions. It will he seen, too, that by this system, whatever sections or qmal! parties might think or say, the Governor could never by any possibility become, what British Go- vernors have of late been every where, embroiled with the great body of the in- habitants, over whom he was sent to pre- side. The Governor's responsibility would also be narrowed to the care of the Queen's Prerogative — the conservation of Treaties — the military defence — and the execution of the Imperial Acts : the local adminisa tratiun being left in the hands of those who understood it, and who were respon- sible. His position would then be analo- gous to that of the Sovereign — he could do no lorong in any matter of which the Colonial Legislature had the rigtvt to judge, but would be accountable to the Crown, if he betrayed the Imperial inte« rests committed to his care." In contr>]st With the old permi-nent and irresponsible Council, the composition and efficiency of a Cabinet is thus set forth :— " The Executive Council. — Now, fat, this body, 1 propose \o substitute one susa' tained by at least a majority of the EleclorH- — whuae general principles are known and< 14 U approved— whom the Governor mzy dis- miss, whenever they exceed their powers, and who may be discharged by the Peo- ple whenever they abuse them. Who, instead of laying the blame, when attack- ed, upon the Governor, or the Secretary of State, shall be bound, as in England, to stand up and defend, against all comers, every appointment made and every act done under their administration. One of the first results of this change, would be to infnse into every department of admi- nistration a sense of accountability, which now is no where found — to give a vigor- ous action to every vein and artery now exhibiting torpidity and langour — and to place around the Governor, and at the head of every department of public affairs, the ablest men the colony could furnish — men of energy and talent, i^istead of the brainless sumphs, to whom the task of counselling the Governor, or administering the aflfairs of an extensive department, is often committed under the present system. In England, whether Whigs, Tories or Radicals, are in, the Queen is surrounded, and the public departments managed, by some of the ablest men the kingdom can produce ; but suppose a mere Official fac- lion could exclude all these great parties from power, how long would the govern- ment possess the advantage of superior abilities to guide it ? — would it not at once fall far below the intellectual range which it now invariably maintains." I might go on, sir, reading the whole of this pamphlet, and show conclusively that the system of government, asked for in 1839 is practically the same as that now in operation ; and I am much mistaken if the hon gentleman does not soon find that he will not he able easily to overturn it. Oh ! but, says the hon gentleman — no government is so strong that they may not be crippled or obstructed by some newgo« ▼ernor, whom the hon gentleman thinks is about to be sent out here. I am lva.ppy to «ay, sir, that, up to this moment., not the slightest intimation has been conveyed to the venerable head of this goveroment that his recall is contemplated ; and I believe that he is as unlikely to be removi ed as any Governor administering the af- fairs of any of Her Majesty's colonial dependencies. But where is the learned gentleman's consistency when he says, the present form of government gives too lit- tle power to the present oStzet — but it may confer too much on the one succeed- ing him ; does the hon gentleman not see that his argument is inconsistent with itself — that one portion runs athwart and destroys the foundation of the other t But suppose this new governor were tM arrive here, and full of his newly acquired power, attempted to force upon this people principles which tiiey disliked. What would be the result ? — can any mao doubt it 1 The constitution gives us the right to retire and let the governor call in whom he pleases to assist him in the con- duct of affairs. But, says the learned' member, and I smiled whm 1 heard the expression, a council may not have the virtue to retire. What, sir ! the hon and learned gentleman's views must have changed indeed. There was a time v;hen retiring from the government, wasdenoun* ced as an attempt to *' wre^t the Preroga- tive from the Queen's Representative ;'* a vile act — a thing to be scouted and abhorred by every honest subject of the Realm. I have not the least doubt but the hon gentleman would, now consider it an act of the most exalted virtue — were my hon and learned friend the Attorney General to attend His Excellency and say ; please your Excellency — your pre- sent advisers leave their offices and their positions at your disposal — and would be much obliged were you to call upon some other gentleman not possessing the confiti dence of iheoountry to advise you upon public matters. But, Sir, we also have become wiser since 1843 — and as we do not wish to lay ourselves open to the sar- casms of the hon gentleman, we intend to have the virtue to hold our places, so long -as the people have confidence in our discretion. {Laughter.) We abjure the vir- tue of resignation until the hon gentleman comes in with his majority. I was veijr much amused at another remark, made by the hon and learned gentleman ; — another may come here, ho says, and then secret influences may be Inuught to bear. Sir, from the time of my retirement from Lord Falkland's Council in December, 1843, up to the period of his recall, 1 never once attempted,ia the aligbtest degree, to inter* u e says, the ves too lit- ter — but it 16 succeed- an not see stent with thwart and the other T lor were t« y acquired upon this disliked, in any man ves us the rnor call in in the con- le learned' heard (he ot have the he hon and roust have time v/hen nsdenoan» le Preroga- tentative ;" souted and ject of the doubt but consider it irtue — were le Attorney illency and -your pre- 9 and their id would be upon soma the confiti le you upon 'e also have d as we do to the sar- we intend places, so nee in our )ure the vir* I gentleman I was very k, made by ; — another then secret bear. Sir, from Lord ber, 1843, never ones iQ, to inter* fere with or inflaence bis administration. On only one occasion, when a personal sa^ erifice was designed to save him, did 1 send him even a message. When the present overnor came to this country, I was re., siding out of town, and never once did I attempt to exercise any undue or impro- per influence upon hift mind, and only saw his Excellency when invited by my friends to take part in negocialions opened, as I believed then and believe priow, with the full concurrence of the existing admi- nistration. Now, sit, a word or two touching the Legislative Council. The hon eentlema.i wishes a change in the conotitution of that body — and why ? Because he says they will not work harmoniously, and will ob- struct the public business. Sir, there is no foundation for such an assertion. I ask the hon gentleman to look at the men at present farming that "Coancil : and if he can prove to me that those 83 gentle- menhavenotas much general intelligence, speaking talent, wealth and respectability, as any 22 in this body chosen by the peo- ple, then 1 may be induced to vote for the hon gentleman's resolution, ^ir, it was made matter of charge against the hon gentlemen that when he was cramming that branch he did not take (he very best men even of his own party ; but as a body it will now contrast favourably with any second branch of Which 1 have any know- ledge. I say, sir, that at the present time It is superior to what it ever has been in the history of this Province. But, says he, we want more genllemen from the country. Strange, that when that branch consisted of but 12, and every man of them lived |in town, the party of which the learned gentleman is the head and front, resisted all change or modification. Now, ten or twelve member ^t represent the rural districts, an«^ more would oome if they were paid. As to subserviency, L think both he and I are a little embarassed with the spirit of independence they showed us the other day. When they threw out a bill the result of many years discussion, and a compromise of the opinions of this House, it was a pretty significant hint of the power they possess and the determination to exercise it ; and whether I approve of the aet or not, I cite the fact to shew th« legislative independence of this second branch. That they exercise their power wisely and discreetly on most occasions, is evident from the fact that this is the only measure of any importance that they have rejected in seven years. But, says the hon gentleman — in 1837 the Attorney General and Provincial Secretary were in favour of Elective Councils. Why, sir, in 1836, 7, 8, the French Canadians, led by Papi. neau, advocated an Elective Council — the Upper Canadians, led by Robert Baldwin, were seeking a Responsible Executive Council. In our address of 1838, aft«r describing the mischiefs of the old system, we asked either for an Elective Legislative Council, or such a change as would make the Executive responsible to the people. Subsequently the people of New Bruns* wick made the same demand, and the mother country consented to give us all Responsible Government. With that we were satisiied— we did not require both a Responsible Executive and an Elective second branch. I hold the one to be in'> compatible with the other. We asked for either of these— we got the one we pre« ferred ; that constitution is now the pro- perty of the people, and I much misunder- stand their spirit and determination, and the rate at which they value it, if they allow the hon member for Annapolis to tamper with it, for the mere purpose of raising political capital ; at least until it has had a fair trial and proved itself ineffi- cient. Let ma now say a word or two with reference to the personal allusions made by the hen and lea/ned gentleman to the Aeceiver General. I think those observations might have been spared— personalities should never be aimed by a member of this Assembly at one of the other branch. He spoke of violated friend* ships — of taking the office of a friend — and covertly insinuated that the Hon Receiver General was still engaged in commercial affairs. Sir, when the hon gentleman spoke of violated friendships, he should have remembered that when my hon friend, Mr McNab, the Attorney General and myself retired from the Council In 1843, the first man to lead up a public meeting to denounce iis as disloyal and eellish men, waa Mr Fairbanks, the Ittt itj: '' r ti! 'I Treasurer's brother-— Mr McNab'a partner fur twenty years. Sir, was not that sufli cient to sever the tie of friendship at once and forever? As for the remark touching the voyage lo California, I know nothing of it ; but this 1 do know — thut hnvv«ver difficult it may be fur a merchant engaged in extensive bubiness to witlidraw sudden- ly his whole capital, the Uim. Ke- oeiver General has retired from business in good faith, and is honorably fulHlltng the obligations he has assumed to his col- leagues and the country. Sir,. I migh'. answer the hon gentleman in his own style, and give him a taste of personalio ties. 1 might refer him to a pretty noto- rious rumour, one not invented by me, and ask him if he remembers that celebrated fete given on a very celebrated occasion — the solemnization of a ceriajn marriage ; when the vain glorious boast was made, thai, by the consummation of that union, the two families of Johnston and Fair- banks could rule the country. 1 care not to approach more closely — the hon member understands me. The hon and learned gentleman also referred lo the President of the Legisla» live Council in no very measured terms. Why, said he, the President of the Coun- cil claimad a privilege which had never been used for eighty years. The hon gen- tleman must be aware that for very nearly the whole of that period the Legislative Council were a nice little family paity ; aasling votes were not required, as it was seldom, it ever, that a division took place ; all their acts wer« characterised by a most delightfully harmonious unaniinity. 13ut because the old Prefcidenis either knew not that ihoy possessed the powor, or cared not to use it, was certainly no reason why my hon friend Mr Tobin should relinquish a privilege appertaining to his office ; he would nut have fulfilled his duty to that body bad hti failed to exercise his right on an appropriate occasion. IJut, says the hon genilemin, we saw a most extraordi- nary sight — a gentleman coming from the country with the prefix of licmorable to his name, and wandering between the two branches without a resting place in either. Why, sir, there are numbers of good look- ing men who came up to the city, from utHQ to lime, both Liberals and Cunsecvas lives, to hear the ^vise saying of as LegiV jaiurs ; and it is but natural that ihe moment one leaves home, his neighbours, looking upon the Squire is ih^ wisest, as well as best man in the world — conjecture all sorts of things touching his journey to the capital, and address him by all s«iiii of titles. It may have been thus with mjr> worthy friend Mr McKten. h may have been that, having been invited to come, the deep sno^is delayed htm till another' was sworn in his place, to prevent the friends of the learned member for Annapo- lis from destroying the Civil List and ■ Departmental Bills. But, there has been no great harm done, except to the disap- point<^d plotters, who thought to take advantage of the snows banks. While talking of them, 1 am reminded of that beautiful description of the lost man floundering m the snow, by Thomp' son. which I may give the leariied, leader of the oppositicm in return fur his violated virgin. The subject is colder, but the comparison quite as accurate — fur the learned member never sets out in search of' grievances ore Responsible Government, but he goes .fl4)undering on, getting deeper and further from the track at every step. Oh ! but says he, Mr McNab by his siotjlc vole ejected his fiiend from Office— and took that office himself. I ask the hon. and learned gentleman if he did not, for a whole ses&ion, retain htg place as leader of the Government and jna office of Attorney (reneral by his own vote? and I demand again, did not the late SolicitorGe- neral and Mr Dewolfealso obtain and keep. their .jflioes by their single votes ? Surely- then if ihe smgle act of which he com- plains be wrong— it was a greater viola- linn ot principle, for three of them to keep their ofiices upon the single v^stes of the several incumbents. But. sir, I tell the hon. gentleman thai Mr. Fairbank'c ofHce was not coveited by my hon. friend— .nd| at one time, after the contest of principle was over, it «?s gravely balanced whethez or not he should be retained in his sitU8*i tion ; and had this liouse and Country not had to pass upon that act afterwards, I firmly believn he would never have becft removed, f^ow^sir, the hon, gentleman referred to the constrnciiun of the Legis* tive CuuDcil ; Oh ! said he, only think L Hut, Pi IT OS Legis- that the eighbours, wisest, as conjecture journey to all satis of with my> may have to come, II another' revent the [if Annapo- List and 8 has beeo' the disap- ;tt to take While ed of that lost man y Thomp' e learaed urn fur his colder, but jte — for the in seaich of* ruvernnient, |n, getting ick at every zNab by his om Office — I ask the le (lid not, [IS place as liis office of vote? and I SoliciioiGe- in and keep s? Surely :h he com- later viola- lem to keep r^ites of the ', I tell th» ank'c office 'riend — .nd, >f principle :ed whethex I his situsib Duuntry not terwards, I have becft gentleman the Legis* ily thiak 1- (.1 iliH pro8«ni (/oiitu'il rt'siilt- in Halilax — lint li rity, he might just as well attempt to stick a dog's tail on a lion's back — as en- graft an Elective Legislative Council on responsible Government, lint his aim is apparent, — he ivould be glad to throw the public affairs of this province into confusion so that he might embarrass tne present (lovernment. It is the duty of every Nova Scotian, looking to the prosperity nnd happiness of his Country, to refuse his sanction to these resolutions, at all events until the people have been consulted. — Upon our differences, we can go before our Constitunncies with him as we did be» fore — and then if he can manage to obtain a majority, why, let him triumph. The hon. and learned gentleman has, however, forgotten to inform us how this machinery IS to work ; he has not told us who are to be the constituency, what the franchisee — and so forth. 1 believo h« docs say that every two or three years a section of this body are to wheel to the right and walk out — but any practical common -"^ee man would veijiiii;^, lu-iore voting for lliiu question, that it should br; explained, and put before the Coonirv in euch a shape that the people might understand what the lion, member really does mean. Ag'tin thi> lion, gentleman says that something 111 list be done It) stave off Annexation — be- en use measures passed by the majoiity of tliKs House supporiintj the Government may he rejected by the Upper Brunch ; — and then he talked of the difficulty we had ill filling up the Solicitor Generalship ; the hon. gentleman forgets that during his own administration he took six months to make a Solicitor (General, while we would certainly not lake half that time to make a whole Bench of Judges, and a tremendous lot of Road Commissioners and Magistrates inio the bargain. — (Laughtn.) But, oh ! if I were to follow the hon. and learned gentleman, in the dispensation of patronage, throughout bis official caieer — and entertain the House with all the acts of petty oppression ol which he has been guilty, I might detain them half the night. He said something of the Baronet whom I had deprived of his Office, — Sir, my Country paid that Baronet from one to two thousand pounds per an» num, for years — to aid the learned gentle, man opposite in mis'governing this Coun- try ; small blame to the Liberals then, if they did put him out. "The rank is but the guinea's stamp ; A man's a man for a' that." The hon. gentleman told us that our allegiance to the mother l;.nd was weak* ened — that our veneration for existing In- stitutions had departed. Sir, I am sorry that a roan occupying his position, with his acknowledged talents — his means ol' usefulness, and power for mischief, has not taken that stand in this debate which he ought to have taken. 1 do not believe that the loyal feelings of this people are weakened — or that the respect for the Sovereign has decreased, — but I admit that the people of this Country have pas- sed through an oideal which has tried their feelings though not sapped their loyalty. He attempted to make us believe that the revenue had, during his administration, greatly increased by some management * of his own, and from that drew the con- clusion that we were chargeable with a I) 18 II i tailing oft'. J thnuijlit liis friend, Mr. Fraser, had dissipated that illusion for him last year. The slorv of the destruc- tion of our industrial resources has been allowed to go uncontradicted long enough — and much political capital has been made out of it by the hon. gentleman and his friends. I take this ground boldly, that the man who says that Nova Scotia con- trasts unfavorably with surrounding states affirms that which is a libel on our Country. Many of the neighbouring states were settled, and had large and flourishing populations, before Nova Scotia was peo.-» pled by any except the Acadian settlers on the marshes of the West. Halifax was founded in 1749. There were then no inhabitants in the Province except the In- dians in the forest, and the French on our prairies. When Cornwallis sailed up Halifax Harbour what greeted his eyes ? unbroken foliage down to the wa- ter's edge. At that time not an Eng- lish, a Scotch, or an Irishman, owned a liouse upon our soil. There was nut a road, a bridge, or a church, in the country --hardly an acre of cultivated upland, nor any of those public improvements, which are now spread every where beneath the eye. What have our fathers done 1 — HiaVethey left us the miserable, degraded country, he described to us last night ? — No, sir They have left us a land teeming with resources, on and around the shores of which, within a century, fifteen millions worth of property has been accumulated. I take the computation of my hon friend the Financial Secretary, who made the state- ment here last year, that, man for man — every inhabitantof this province owned 50/, worth of property — a trifle higher than the amount owned by the population ot the stale of NewYork. This is my answer to the ory of ruin which the learned member is forever raising. Steadily year by year has lliis Province increased in wealth and population, and as hieadily lias its ilomestic. industry expanded, down to the present hour. The liim. fjenlleman drew the picture of a C*nuilry in a ;iate of poverly and decrejiitude, brutit,'lit on by inisgovernment — let me ask liini if Sir Unpen had had his .C2000 yearly would the condition of our Arfisan and labnuring- ^.lopultition have been improved '. wimld the payment of extravagant salaries pre- vent them from leaving our shores ? Had Mr. Fairbanks received a pension, or the illegal arrears been paid, would the Country be more prosperous or the people more happy ? These are his leading griev- ances — these the arguments he has given to the people of this Province to induce them to change our constitution. Let the hon. gentleman point to the Commercial measure which he has introduced for the amelioration of our deplorable condition ; surely the hon. gentleman's patriotic philanthrophy should have sug-. gested a remedy for this dite disease. We go with him into Committee of Way.s and Means, does he suggest aught that will improve our industrial resources — advance our manufacturing and producing interests, or in any way enhance our prosperity ? — The hon. gentleman spoko vauntingly of the revenue raised under his administra- tion. Sir, I have answered that time and again ; nay, his own most prominent sup- porter — the hon. and learned member for Windsor, frankly admitted that the liberal party were no more responsible for the present tariff than the conservatives, and denied that the want in the Country — if want there was — could be attributed to the present admitiistration. Compared with other Colonies, Nova Scotia is in a sound condition. New Brunswick has a conservative majority and administration — yet a friend, describing her commercial condition, some months ago, declared that there was scarcely a solvent house from St. John to the Grand Fall««. The de- rangements of commerce incident to Im» perial legislation, and bad crops, produced the depression in neighboring Colonies and in our own, I recollect when taking up the English papers in the fall of 1847, there were whole columns of bankrnpcies, of houses of the highest character, and some of which had stood lor centuries. — This was ihe cause of our depression, with the successive failure of onr crops, and it is unfair for the hon. and learned oenlleman to attribute to any administra- tion tlie visitations of Providence. 1 might say with great justice, that if our Treasury is low, we have cured the potatoe rot, wliich he left behind him. {Laughlcr.) All the mcney which 19 aries pre- es I Ha«l ;naion, or would thu the peoplfl ling griev- has given to induce . Let the ommercial duced for deplorable entleman's have sug-. ease. We Lof Ways t that will B — advance Pf interests, sperity ? — untingly of administia- it tinne and ninent sup- member for , the liberal »Ie for the 'atives, and Country — if Itributed to Compared otia is in a iwiok has a nistration — commercial eclared that house from . The de- dent to frn* IS, produced yolonies and I taking up II of 1847, lankrnpcies, racter, and centuries. — depression, oiT crops, and learned administrar vidence. 1 C.Q, that if have eured left behind \c>ney which he ever had in the Treasury would not compensate for the destruction of our pota- toes, by that miserable disease which he introduced. However, we have cured them at last : and would have done so long ago, but that the late administration left them so rotten, that it took us two years at least. {Laughter.) Now, sir, let me show the hon and learned gentle- man the effect the loss of our Fotatoe Crop must have had upon this country. [The Hon. Provincial Secretary here went into a calculation to shf^w that, taking the Census as a guide, and Colchester as a medium County, the actual money value of wheat and potatoes lost in the four years previous to 1849, could not be less than £1.268.000.] The food of our people thus stricken oiT, the loss fell upon our industrious classes. The able farmers, instead of havo ing wheat and potatoes to sell, qf their own raising, were obliged to buy the pro» ductions of a foreign country to support life ; the poorer farmers, unable to p^y debts, required more credit from the trader, and he again from the merchant ; who, failing to receive returns, was compelled to curtail his business. Circulation was thus drained off, and few dutiable articles were consumed, because all the spare cash went to buy bread* which paid no duty. Yet we are blamed because the Revenue foil off. It did fall off, sir, because at that distressing period, when our hardy popu- lation were borne down by the calamity I have spoken of, we would not consent to tax the bread required by our farmers and labouring classes to support life. Had we done so, sir, we might have had our JE^IO or £12,000 in the chest, but it would have been wrung from the people at a period of want and depression. Other cities have their periods of depression as well as Hali-> fax— other countries their trials as well as Nova Scotia. Let the learned gentleman turn to Hunt's Magazine, and he will see that there are scarcely a dozen eminent Merchants in Boston who have not failed it) the course of their lives ; and if lie will make the contrast fairly, he will find that for every emigrant that has left Nova Scotia within the last four years, ten have lett the seabord states of the Union. They hRve gone, like our own people, south< west, every where, led by the spirit of speculation and adventure, but nobody imagines that ruin and misfortune are to be the portions of those who are left be-> hind. The learned gentleman tempts me strangely to review his own administration, and apply to him the soubriequt of " Pros- perity" which was once applied to an English Chancellor, whose bragging ended in ruin. I look back to his first session of 1844. In that Session he passed three celebrated measures, a Civil List Bill and a Registrar's Bill which never went into operation, and a Bill to prevent people from snaring Moose, under which there has never been a single prose- cution. But, sir, big with great measures and grand conceptions, the hon gentleman must Deeds convene Parliament in a sum- mer Session. We met, were melted — the business being a celebrated intrigue by which he sought to divide the liberal party, very foolish and very unsuccessful. On looking over the journals of the sum'< mer Session, however, I met with a curio- sity — it was a little Resolution, moved by myself, highly complimentary to the Ad- ministration, but the discussion of which was cut short by a sudden prorogation. In _ 1845 ; they passed a School Bill — an act for taxing dogs which t/Aa a nuisance ♦o everybody, and one for building a bridge up at Richmond, which has never yet been built. (Laughter.) In 1846, hardly a measure worth notice passed, with the exception of a Bill for making roads over ice, rendered necessary because the ways of the hon gentleman had become very slippery about that time. {Laugh" ter.) In 1847 he did pass a measure for which he has received all credit — the si* mults^neous Polling Bill, but as a set off against that, he brought in a nice little bit of '• terror" from which I have no douot he expected great results ; the fraudulent Conveyance Bill, by which he sought to fiighten poor liberals from the Hustings. Thus passed the great Sessions from 1844 to 1847, and these are the laws framed by the hon member for the regeneration of the country. He brags much of the tea thousand pounds,dragged from the pockets of the people and locked up in his irort chest, but let him show us where he redu- ced our expenditure — what nalariex he cut 41^ m ffnwn— vvlial ureal mcHsiiro, advancing our (••»Iiiiii;iI itilerefis, he iiilrodnced. Sir, In; (tan Mhuw none ; his term ot adniiniytration 18 TiHught, and presents to u>, as we ga/i; harit at 11, harriiy a rpdeeming fealnre. Bnt, Sir, what have wo done ? We havti )iH!!i8ed the <'ivil List and [lepartmental Billt — by which qucstiona that had agitated ihfi country (or years are disposed oC. We have half consolidated the laws of the Province— 1 give the other side ail credit for the assistance they have rendered na in this rnalter ; we see before ns the Electric Telegraph stretching across our country — a fnon«imetit of enterprize which will re •• main when the present adminisirallon have faded away ; we have passed a Sheriff's Bill, and given to this country a New Cotnmission of the Peace, which, whatever may be said of it by hon gentle- man on the other side, has given saiistac-* tion to the country generally Mr. Marshall.— No ! Hon Provincial Secretary. — But 1 toll the hon gentleman it has — in what ligii'. he may view it, i know not, but it has largely reduced litigation, and been gene- rally acceplahlu to this people. 1 will not detain this Committee longer— it is enough that our acts contrast favourably with the barren figments resulting trom the adiui- iiistraiiuit of the hon and learned member ftir Annapolis. Sir, 1 hold in my hand the tariff of 1844 and that of 1819,— and the abolition ot many grievous burdens under which the people groaned i& palpable and plain. But let liie hon gentleman luri) bftck to the good old days prior to responsible government, let him mark iha «ums then given for our Koad and Bridge service : — hi 183fi i:i0,750 was granted. '• 1837 10,300 '• " 1838 11,390 " *' 183U 16,800 " In Iff m .Making iu all X"4a,210. ill 1840 I happened to get into the ad- iiiinisiratioii, in which 1 staid aiitil the hon gentleman made it too hoi to hold me, and I came out at the close ol 1813. (Joiitrast iviy four years with the lout years previous. 1810 jLlt,000 wa.s granted. 1841 ii4,uring under the depression consequent upon the failure of thfe crops of which 1 have previously apo» ken. The country is just emerging from this depressed condition, and assuming, ai> Vve reasonably may. that we shall be ena- bled to give, from our increased prosperity for the coming year, X'30,000 — we shall equ^l if we do tiot exceed the amount granted by the hon member during his four prosperous years. In this contrast, sir, there is nothing of wtiich we need be ashamed *, and they are not the friends ol this country who seek to make our people discontepted with their position and pros* pects. Sir, I have travelled much over the face of Nova Sct)tia, in the adjoining Republic and in the old world, and I have arrived at this conclusion — that of all the lands I have ever seen, Nova Scotia offers to the poor man the most favourable field for the exercise of his industry. What do we see in every town and county of oui Province? Scotch, Irish and English Emigrants — men from every country com ^1 iriled. Kuuu inuiiry ivei) in the IIS look ut iira in whicli luie and sole uf whicli he )tevioua (ourl e liiive done ration We lich yeat wo )0 )0 )0 )00 for the \. a lime when ng under the the lailure of eviously spo* iTierging from assuming, a^ shall be ena^ sed prosperity 30 — we shall I the amount t during his ihis contrast, I we need be he friends of te our people on and pr08> d much over the adjoining j, and 1 have lat of all the . Scotia offers vourable field ry. What do ounty of oui and English country com~ 111^ here, with iinln^ilry, intelligeiK^e and «;uonomiual habits, worth nothing when iliey came, but by ilie exercise of these virlnes gradually acquiring respectable competencies, if not ample fortunes. Let me say, then, that a country into which a man may come poor, and in a few years liecome independent — a country [xjssessing abundance of the richest upland, with niatsh land inferior to none in the world ; with its healthy climate, and open har- bours, affording the greatest facilities for commercial operations, with free institu- tions, gained after years of struggle, is not a country deserving the slan- ders whi':h day by day are heaped upon it. Nova Scotia can never be ruined. Sir, after the stimulating influence of the American war had passed by, I saw this city almost deserted. Again in 1835, half the Stores in Water Street, shut up, and no man could change a pound note into silver ; but this period of depression passed by a more certain and stable system was brought into play, and the city and country again pros* pered. Look above the Round Church hill, and see the space where, but a few short years ago, green fields were smiling, now covered with the stately mansion or the more humble dwelling house Sup- pose old Mr Stayner or Mr Schmidt were to spring from their graves to morrow, how would they wonder to mark the change which has passed over the face of the propertv which once they owned. — And now sir, to conclude, let me briefly refer to the remarks of the hon and learned gentleman touching the severance of our allegiance to the British Crown. The loyalty of this people to their sovereign, is a subject of too grave a nature to be dealt with lightly. Sir, the old men who planted the i3ritish standard that floats on yonder hill ; who had the courage and energy to brave the dangers of establishing a young England in this western wild ; who have left us their language, their literature, their past history and their le' gislative enactments, are slumberingbeneath the soil they have bequeathed to us adorni* ed by their industry. Shall we then, unmoved, listen to sentiments such as those which the hon member has expressed? Sir, did 1 believe, that instead of gratitude to the Sovereign, who has conferred upon us self government^ we would think liRhU ly of our allegianoe, or bilance it against our ptitsonal rivalries with dach other, 1 should blush with conscious shame for my country. And let me tell the hon gentie* man, that if any British Minister conseoied to part with this Provinoe, with its fishe- ries, coal fields, bays and harbours, easily defended as it could be, he would earn impeachment, and deserve to loose his head. As a question, then, of public policy, looking to the future tranquility of our homesteads and our hearths, 1 say it is the duty of every Nova Scotian to di8> countenance the idea of separation, as it is equally his duty to defend the constitution of his country, while confidently relying upon her resources. In the full belief that further change at this time would be un-* wise, and that Nova Scotia will yet be commercially and industrially prosperous, 1 beg leave to move the following amend* nient to the learned gentleman's resolo' tions : — 1. Whereas, the forms of government, and modes of Administration which exist in this Province, have been established and adopted after ten years discussion and conflict, with the full knowledge and approval of the people of Nova Scotia, as expressed at the Hustings, and with the sanction of their Sovereign, conveyed in the Despatches from the Right Honorable the Secretajy of State. 2. And whereas, the same system of Gov- ernment, has with equal deliberation, and af- ter many sacrifices, been established by the people ofCanada, and New Branswick, while u is eagerly sought by the inhabitants of Prince 'Edward Island and Newfoundland. 3. And whereas, it would be nawise, while designing men are seeking in other Colonies to unsettle the minds of her Majesty's sub- jects, and to renounce their allegiance, to af- ford to them the slightest countenance, by ap- plying at this moment for any fundameatal change. 4. And Whereas, the salary of the Lieute- nant Governor was fixed in the Civil List Bill, and formed part of a compromise, by which the Casual and Territorial Kevenaes of the Crown were transferred to the Province, and any breach of that compact would be dis- honorable to the People and Legislature of Nova Scotia. 5. And Whereas, the Lietitenant Governor of Nova Scotia, venerable by his age, distiiu guished by his military achievements and by I 22 hu lUCceMful ndiiunmlratiori nf atfairg in throe other neighboring Coluniey, iii puHaesMed in the ndmioiftration ot our local government, of the ■aine cormtitutionul prerogatives und powers, that Her Gracious Mojest} enjoys in England ; und whereon in obedience to tne instructionn of his sovereign and in accordance with the Well-underatood wishes of the people, hia Ex- cellency has so governed this Province, ha lo secure the contidence und esteem of its inha- bitants. 6. Therefore Resolved, That having record- ed itt) sentiments on these important topics, this Assembly does not deem it expedient to suggest any change in the Institutions of this Province. [The above Resolutions were carried, 26 to Mj % • VIIICC, UA lo of its inha- iving record- )rtant topicH, expedient to Liona of tluH icd,26toll.| m .^ -