Edited Text
Che Colonial Herald,
AND
PRINCE EDWARD ISLAND ADVERTISER.
—S
eceianantiininnal
Vol. VI-J CHARLOTTETOWN, SATURDAY, JULY 15, 1843. [No. 314
TO THE SHAREHOLDERS OF THE PRINCE
EDWARD ISLAND STEAM NAVIGATION
COMPANY.
The Directors of the Prince Edward Island Steam
Navigation Company having, in consequence of a com-
munication from His Excellency Sir Wm. Colebrooke,
Lieut. Governor of New Brunswick, enclosing an opin-
jon of the Attorney and Solicitor Generals of that Pro-
yinee, that the Company has no claim, either legal or
equitable, upon the Government, for remuneration, &e. |sent, it was thought right to give encouragement to Colonial ' placed i
&c. &c., determived to withdraw the Sr. Georce im-|
mediately from the voyage to Miramichi, as the Company
is suffering a heavy loss thereby; and having given pub-
lic advertisement to that effect, totake theearliest occasion
of publishing, for the information of the Shareholders,
and those whom it may concern, the correspondence and
documents which have led to their adoption of this de- ;
termination ; and also to give to the Shareholders of the
Company the information necessary to the forming of a
right judgment of the proceedings of the Directors, un-
der the very embarrassing circumstances in which the
Company has been placed by the very unexpected con-
duet of the Legislative Council of New Brunswick, in the
first instance, in such singular and unenviable opposition
to the just and faithful conduct of the House of Assem-
bly, and now by the opinion of the legal Gentlemen
whose names and titles are appended to their extraordin-
ary document,
A few days after the annual meeting of the Share-
holders of the Steam Navigation Company, the Directors
dispatched the following Memorial to the Legislative
Council and House of Assembly of New Brunswick, ac-
companied by copies of the Report adopted at the an-
nual meeting of Shareholders, by favour of His Excel-
Jency Sir Henry Vere Huntley, and addressed to His
Excellency Sir Wm. Colebrooke, with request that he
would be pleased to use his influence and recommenda-
tion of the prayer contained in it:
The Memorial of the Directors of the Prince Edward Island
Steam Navigation Company, sheweth :
That during last season, and from the 17th of August to
the end thereof, the Steamer St. George, their property—a
Veusel of 110 horses’ power, with good accommodations,
was empleyed weekly between Pictou, Charlottetown and
Miramichi, for the convenience of the several Provinces of
Nova Scotia, Prince Edward Island and New Brunswick.
That their undertaking was in a great degree induced by
the liberality exhibited heretofore by your Honorable House
towards enterprises having similar objects.
They therefore pray that yeur Honorable House, after a
perusal of the reports and documents herewith transmitted,
will take their case into your favorable consideration, not
only with the view of affording your valuable assistance to-
wards rendering their undertaking remunerative for the past
year, but with the further view #f assisting the Company
whieh they represent in supplying the means ef a more ex-
tended communication between other parts of the three
Provinces.
Having duly forwarded these necessary papers (the
Report and Memorial), the Directors were content to
abide theevent, in patient confidence that the represen-
tation of the advantages likely to accrue to those Pro-
vinces by a well conducted Steam communication would
secure the liberal patronage and support of a Legislature
already pledged for its encouragement. For a period of
nearly three months, the Directors remained in ignorance
of the issue of the application; at length, a rumour of
ill success reached their ears, and steps were immedi-
ately taken to ascertain the truth. A letter from a gen-
tleman at Miramichi at length informed the Directors
that the House of Assembly of New Brunswick had una-
nimously voted a grant of £175 to the owners of the Sr.
Georce, for the service of the past year, 1842, but that
this vote had been negatived in the Legislative Council.
Struck by the very extraordinary conduct of the Le-
gislative Council, the following letter was immediately
addressed to that Gentleman, with permission for him to
use it as he might deem advisable, for communicating
the views of the Directors upon the matter. We are not
aware that it was made public; but we proceed to make
it so now, as it conveys the opinion we entertain upon it:
“Sir; The Directors of the Prince Edward Island Steam
Navigation Company have to thank you fer the information
-you have been kind enough to procure them of the proceed-
ings in the Legislature of New Brunswick, with respect to
‘the application made by this Company for remuneration for
services performed, &c., in accordance with the encourage-
ment held forth by the Act of the New Brunswick Legisla-
ture, passed 30th March, 1840.
They assure you, that the intelligence of the refusal by the
Legislative Council of the grant so honorably and unani-
mously voted by the Representative body, has excited, not
only their utmost astonishment, but also a feeling of painful
regret, far beyond any mere question of pecuniary interest.
The acts of a British Colonial Legislature have hitherto
been supposed to he distinguished by such a steady and
honorable adherence to its engagements, that proceedings
have been as readily taken upon the faith of them, as if the
“remuneration promised, bad already been paid. In such
faith the P. E. Island Steam Navigation Company was forim-
ed, and in the formatien of it, a frequent reference to the
Act mentioned above was made, as one among other resour-
s€es to be relied upon for the necessary funds for its sus-
tinment; and the Compary having more than fulfilled the
aterms preseribed, by placing a Steam Boat of superior pow-
“erand aecommedations upon the station, reasonably cov-
eluded that they had but to make application for the grant,
“aud to receive it. j
___ Itwould serve no useful purpose to speculate upon the nice
distinctions and legal diserimination which may have influ-
enced the minds of the majority of the Legislative Council
ito the adoption of a course so destructive of all confidence
and good faith; but it has been stated that the Council nega-
ved the preposed grant upon the. ground that the Sr.
Groner did not run in 1841 and part of 1842—that it had
“not fulfilled the requirements of the Act to the very letter.
{fa clause had been inserted, stating. that if the expected
boat be not in netive operation by Ist May, 1841, this Reso-
lution will be void and of no effect, it would have afforded
+ Some plausible ground for the course taken by the Council.
~ Butin the absence of such a clause, it must be evident that | lative Council be the correct one,
the ordinary mode of understanding the Act is by its spirit. ;
A grant of £350 per annum for five years, from the 10th day | spirit
Governor of New, very
f May, 1841, was made to the Lieut.
Brunswick, for the purpose of encouraging a weekly steam |
communication between Miramichi, Charlottetown and Pic- |
tou, &¢. &e. Fifteen months elapsed without effecting the ‘and returning within the week), &c.,
desired object. Atlength a Company is formed, and a very | proper regulations,
|efficient Steamer purchased, and placed upon the station.
The objectso much desired by the Legis!ature as to induce
them to offer a bonus of £350 per annum for five years, for
jits accomplishment, is at length obtained. The service is
| performed—the account is handed in for settlement. It is
| unanimously endorsed by the House of Assembly, but reyec-
\ted by the Council, because (as we are informed) it was not
|executed at an earlier period. If it was desirable to establish
| good and regular communications between the several Ports
i mentioned in the Act, in 1841, surely itis not the less so now.
lf, when trade was in a more prosperous state than at pre-
enterprize, for the advancement and improvement of inter-
colonial intercourse, it is net the less needful when we are
becoming daily more dependent upon our own exertions.
If the facilitating the means of communication between
places is of the paramount importance to their pros-
perity which all political economists agree in stating it to be,
‘surely the maintenance of the line of communication from
Miramichi to Pictou, through Charlottetown, &c., is net
very dearly purchased to the Province of New Brunswick at
a charge of £350.
To conclude; if we were wrong in assuning that we have
established an undoubted claim to the grant offered by New
Brunswick, the delusion under which we laboured was cer-
surmise or doubt of any kind appears to have been enter-
tained by any party on that head.
I have now only to acquaint you, for the information of
our friends at Miramichi and elsewhere, that the Directors
of this Company feel so confident that some misapprehen-
sion of the case has caused the present determination of your
duce them to act in the just and liberal spirit which has al-
ways distinguished the Legislature of New Brunswick, that
they have determined to continue to run the Boat as usual,
until they receive positive assurance that the impression
Assembly is altogether erroneous and without foundation.”
We had contemplated attempting, in the course of the
season, the touching at Shediac, alternate weeks, but this
proceeding of the Council is rather a damper to our enter-
prize.
That no exertion might be wanting, on the part of the
Directors, to obtain attention to the just demands of the
Company, the following Memorial was addressed through
His Excellency the Lieut. Governor to His Excellency
Sir Wm. Colebrooke, Lieutenant Governor of New
| Brunswick.
To His Excellency Sir Henry Vert Hontxey, Knight, Lieu-
tenant Governor, &c. &c. &c. &c.
The Directors of the Prince Edward Island Steam Navi-
ria! which they had the honour to place in your Excellency’s
hands, for the purpose of its transmission to His Excellency
; Sir Wm. Colebrooke, in February last; and having received
‘information of the rejection of its prayer by the Legislative
| Council of New Brunswick, have thought it to be their duty
to make further representation to the Lieutenant Governor
of New Brunswick, with a view to obtain insight of the best
course to be taken under the very peculiar cireumstances
of the case, and they have very respectfully to request, that
tation, with your powerful recommendation of it to His Ex-
cellency’s attention.
CHARLES HENSLEY,
Chairman of the Board of Directors.
To Six Wiurtam Cotesrooxe, Lneutenant Governor of New
Brunswick, &c. &c. &c. &e.
The Memorial of the Directors of the Prince Edward Island
Steam Navigation Company, Sheweth,
That the Memorialists did, in the month of February last,
transmit to your Excellency a Memorial, setting forth a state-
ment of their having, during a part of the year 1842, main-
tained a Weekly Steam communication between Miramichi,
| Charlottetown and Pictou, by means efa very efficient Steam
i Boat, of 110 horse power, and praying that your Excellency
would be pleased to recommend their application for remu-
neration for said service, &c., to the favourable consideration
of the Legislature.
That the Memorialists are informed that some time has
elapsed sinee your Excellency prorogued the Provincial
knowledge, that, notwithstanding your Excellency’s recon-
mendation, and the unanimous support of the House of As-
sembly, it was disallowed by the Legislative Couneil.
:22d day of Ausust, to the 17th day of Nov., 1842.
| That she was employed on that service ata very great ex-
ipense tothe Proprietors, in the implicit faith that the Com-
| pany would be entitled thereby, to an equitable proportion
i of the remuneration appropriated for that specific purpose by
ithe Act of 81st March, 1840.
That by the above recited Act, a part of the Revenue,
amounting to £350 per annum, is appropriated to the Lieu-
tenant Governor, for five years, for the purpose of encour-
aging a Weekly Steam communication, &c. &c.
That the appropriation of such a sum annually, for five
years, for such a purpose, indicated an earnest desire for its
accomplishment, and left upon the mind of the ordinary rea-
‘der of the Act the very natural impression, that if the object
lsought by that Act should be fulfilled at any period of the
|five years, an equitable proportion of the promised reward
would be faithfully paid. In such faith the Prince Edward
Island Steam Navigation Company was formed; and it is
the belief of the Memorialists, that in a like faith the Celo-
nies of Nova Scotia and Prince Edward Island voted sums
in aid of this Company, under an impression that the three
Provinces were acting simultaneously for the promotion ofa
mutually beneficial object.
That the Memorialists themselves were fully convinced
that they had established an undeniable claim to the propor-
tion of the vote of 1840, due (for the fulfilment of the service
'required by the Act) for the time the St. GeorGE was on
the station; but as their views extended beyond the limits
ofthe said Act, they thought it their duty to address a Me-
morial to the several Legislatures, stating their intentions, and
requesting the necessary support. The refusal by the Le-
gislative Council of New Brunswick, of the sum voted by the
House of Assembly, and the ground upon which the Memo-
rialists are informed that refusal is attempted to be justified,
are equally matter of regret and astonisk ment to the Memo-
rialists, If the interpretation of the Act taken by the Legis-
it will certainly be very
needful, for the future, to beware of construing an Act by its
and if that Act was to have been administered in its
letter, it would have left but little encouragement for
attempting the enterprize at all. The Act requires that the
k (going
shall run regularly, not less than once a wee
att tt i and after several very
that the con-
concludes by a reiteration,
tainly largely participated in; for up to the last moment, ne!
Legislative Council, and that a reconsideration of it will in-;
they entertain of the ultimate acquiescence of the Lexis-'
lative Council in the views entertained by your House of |
gation Company having received no answer to the Memo- }
your Excellency will be pleased to forward their represen- |
Pl ae ab ogo hen Sey tye Pemgeeraiatt| Aud as no such provision was made for such security in
sult of their application, it has, nevertheless, reac |the Resolution of Appropriation in question that was seut
It becomes, therefore, the painful duty of the Memorialists |
again to solicit consideration of the following representation. |
That the Sr. George maintained the line of communiea-
;tion between Miramichi, Charlottetown aud Pictou, from the
|ditions of the Grant shall, in all respects, be complied with. |
| Now, itis almost a certainty that the most efficient Steamer has been complied with, excepting only as to the time speci-
would, in the course of 2 complete season, encounter gales fied for placing a Steam Boat on the line between Pictou,
and severe weather, sufficient to embarrass the regularity of Charlottetown and Miramichi, which was not accomplished
her operations, in defiance of the most strenuous and dili- until the 22d August, 1842—the earliest period of the St.
gent endeavours to complete them. The letter of this Act. George’s arrival in this country : That therefore the position
| would deprive the Company of any remuneration upon such taken by the Attorney and Solicitor Generals of New Bruns-
failure; the spirit would induce a reasonable eonsideration | wick is not borne out by the facts; and, further, that this
of uncontroulable circumstances. |Company has suffered great loss in consequence of its stre-
The Memorialists beg to apologize for the necessity of nuoms exertions to fulfil the stringent demands of the Act of
troubling your Excellency at such length; but they are 1840.
n great difficulty by the rejection of their application;| 3. Resorven, That it is the opinion of the Directors, that
jand they have felt it to be their duty, in justice to the Pro- the Government and Legislature of New Brunswick were
prietors of the Sr. Grorer, to lay the matter fully before bound (if they intended to withhold the grant from this Com-
| your Excellency, in the hope that yon will be pleased to give pany) to advise the Directors of such disposition, and not
‘it your consideration, and to honor the Memorialists with to have suffered the Company, fora second season, to incur
|such advice and assistance, under the embarrassments of loss by continuing to avail themselves of the accommodation
| their positien, as your Excellency may deem the matter to | afforded by the Company to the inhabitants of New Bruns-
| deserve. wick, for which they had no intention of offering remune-
i CHARLES HENSLEY, ration, and this more particularly, as they have not hesitated
Chairman of the Board of Directors. [to take advantage of the means offered by the Company’s
To which His Excellency Sir W. C. was pleased to vessel for the transmission of the mails. ;
/return the following answer and inclosure:— a pars it ete sk Bag tte! the Prpesedinat, MnBIE:
i (Copy.) rials, correspondence, &, be rawn up, ready for publica-
i tion, for the information of the Shareholders, and others
whom it may concern, relative to the New Brunswick grant
applied for by this Company for the services of the St.
George Steam Boat.
The various documents, resolutions, Sc. thus pre-
sented to the attention of the Shareholders of this Com-
pany sufficiently indicate the opinion of the Directors
upon the treatment which the Company has received at
the hands of those who they can most truly and con-
scientiously declare they were most anxious to serve, and
they have no desire to say more upon the matter than is
absolutely necessary to their own justification. It is but
right, however, that they should fairly discriminate,
giving honour where it is due, and attaching blame to
such as deserve their censure.
Thus it is our duty to acknowledge that His Excel-
lency Sir Wm. Colebrooke has given every attention and
countenance to our application that we could jastly
expect; that the House of Assembly has testified a
most honorable desire to redeem its pledge; but the
Legislative Council (with, as we understand, one or two
honorable exceptions,) has permitted itself to be misled
by the unfounded allegations which appear to have ob-
tained such ready (and unenquiring) credence with the
Attorney and Solicitor Generals, and must be supposed
to have unhappily adopted the peculiar reasoning set
forth in the opinion of those learned gentlemen. ,
2. Resutvep, That every provision of that recited Act
Frepericron, N. B., June 3, 1843.
| Se ;—I have had the honour to receive your Letter of the |
i 18th ult. with a Memorial of the Directors of the Prince Kd- |
‘ward Island Steam Navigation Company. Iwill take an
early opportunity of replying te the Memorial, and will be
, prepared to give all the support to their claims te which
they may be equitably entitled.
I have the honor to be,
Sir,
Your Exeellency’s
| humble servant,
| (Signed) Wm. G, COLEBROOKE.
| His Excellency
Sir H. V. Huntley,
&e. &e . &e,,4
| P. E. Island. J
| Pride,
Frepericron, New Brunswick, June 19, 1843.
Sir ;—With reference to my letter of the 2d inst., 1 have
now the honor to inclose, for your information, and that of
lthe Directors of the Prince Edward Island Steatn Naviga-
| tion Company, the extract of a report which has been made
‘to me by the Attorney and Solicitor General, who are Mem-
bers of the Legislative Council of this Province, explanatory
of the grounds of the rejection ofa grant in their favour, and
the view taken by these Officers of their claim to support
! from this Government.
| Since the receipt of this report, 1 have not had an oppor-
| tunity of bringing it under the consideration of the Execu-
itive Council.
Ihave the honor to be, We subjoin the following Preamble of a Resolution
passed at a most respectable Meeting of the Inhabitants
of Miramichi, on the 10th inst,—at which Thomas H.
Peters, Esq., presided——in corroboration of the state-
ments made in the above, of the regularity and efficiency
of the Company’s boat :——
Sir,
Your Excelleney’s
most obedient Servant,
| Win. G. COLEBROOKE.
‘ His Excellency p
| Sir Henry V. Huntley, K. H.,
&c. &e. &e. “Whereas the Steam Boat St. Ggorce has, inconsequence
ugar) ofa grant made and passed by the Legislature of this Pro-
: [Extrect.] vince of New Brunswick, in the year of our Lord One.thou-
Frepenicron, 12t June, 1843.
Sin;—We have the honor to acknowledge the receipt of
your letter of the 5th inst., enclosing, by direction of his Ex-
cellency, a Petition from the Directors of tho Prince Edward
Island Steam Navigation Company, for our “ Repert as to
“the grounds of the rejection of the Grant by the Legisla-
“tive Council, and as to the equitable claims of the Peti-
“tioners for the support of the Government.”
We have, in this instance, not the least objection to say,
that we both opposed the Grant, upon the ground that net
any of the provisions of the Act of 3d Victoria, cap. 59, upon
which the original Grant of £350 annually, for five years,
was made, had been complied with; and it is expressly de-
clared by the said Act, that that Grant was made subject to
| those provisions. ‘The Petitioners, therefore, have no claim,
‘in our opinion, upon our Legislature, on the faith of the origi-
| nal enactment; aud any new Grant that might be made, should
| be accompanied with provisions that will secure to the pub-
‘le such accommodation, for a specified time, as the Legis-
‘ture may think it right to require, as a consideration for the
sand eight hundred and forty, for the encouragement of
Steam Communication between Miramichi, Charlottetown
and Pictou, been purchased by a Company of persons asso-
ciated for that purpose, and has regularly run and performed
a trip once a week between Charlottetown, Pictou and
Miramichi, during part of the late season, and {rom the open-
ing of the navigation, at the commencement of this present
year up to this date,” &c. &c.
CHARLES HENSLEY,
Chairman of the Board of Directors.
eee errs
CHURCH OF SCOTLAND.
FREE PRESBYTERIAN ASSEMBLY.
Wepnespay, May 24,
Dr. Kerr, of St. Cyrus, read an interesting and en-
couraging “ Report of the Committee on the Jewish Mission”
for the last year.
‘A communication was here handed to the Moderator by
Mr. Henry Paul, which intimated the Resolution of Mr.
wing, of Levenside, to subscribe £2,000 to the cause of
the Free Presbyterian Church.
Mr. Henry Grey, of Edinburgh,
the Assembly to Dr. Keith.
The Moperator said—Dr, Keith, itis with no ordinary
feelings that I return you the thanks of this Assembly fora
Report, the hearing of which has been a source of the high-
est gratification, and the composition of which must have
been a congenial employment to yourself.“ Keith on the
Prophecies”—~(loud cheers)—is a work which has not-only
been highly valued and recognised in onr-Halls of Theology,
as holding a high place among sacred literature, but is to be
found in almost every household, and is known to every fa-
mily as a household word throughout the whole extent of
our native land, (Applause.) Thé*reverend Doctor con-
eluded his address by congratulating Dr. Keith on the suc-
cess his former work had met with, and expressing his con-
yiction that the very one in which he was now engaged in,
would meet with an equal success. a
The Moperaror introduced a deputation from the United
Original Seceders, consisting of Mr. Anderson, the Modera-
tor; Mr. Shaw, the Clerk ; the Rev. Thomas M‘Crie (son of
the celebrated historian;) Mr. Wyllie, and Mr. White.
‘bese gentlemen addressed the Assembly in eloquent and
impressive speeches, which we regret we cannot find room
for.
The Rev. Mr. Guthrie, after seme prelimirary remarks,
said, here | may be allowed the epportunity of stating what
my views are with regard to the part which the Evangelical
Dissenters of this country have acted in this matter. When
my brethren saw me battling for an Establishment, 1 could
not expect their support—that would not have been honest:
but when they saw me battling fer Christ’s Crown and Co-
yenant—when they saw me smitten by the civil courts—
when they saw an Egyptian smiting a Hebrew, they came
in to support me. (Cheers.) 1 take this opportunity of say-
ing, that 1 never did rejoice in anything more allany days
than | rejoiced in the explanation which Dr. Chalmers gave
of the mis-report of his first speech in this Assembly,—an
explanation that, out-and-out, corresponds with the senti-
ments of my own mind. (Great cheering.) 1 am fora union
i (Cheers.)
(Grant.
up to the Council at the last Session, we, and we believe the
majority of that House, alleged that to be the main ground
for voting against it. But, in case the question comes up
again at the next Session, accompanied by the provisions
above mentioned, we are not prepared to pledge ourselves,
as members of that House, to support it, as many circum-
stances may arise, in the interim, that may have great weight,
in the view we may then take of it; and our present im-
pression is, that the original Grant was a much too large ap-
propriation of our public funds to an object of that limited
nature, from which so small a pertion of this Province re-
ceives any material benefit.
We do not consider the Petitioners have any equitable
claims for the support of the Government; nor should the
question be looked upon in that poiut of view, but as one
purely of policy, whether it is advisable for this Prevince
to support, eut of our public funds (hampered as we are with
debt), a Steam communication of this nature or not; or, in
other words, whether the public good or exigencies of the
Province at large require it; and thus will be dealt with by
the Legislature, if the question again comes up, as the wis-
dom of that body may deem fit.
We have the honor, &c.,
(Signed) CHARLES J. PETERS,
é Attorney General.
GEO. FREDERICK STREET,
Solicitor General.
moved the thanks of
William F. Odell, Esgq.,
Secretary of the Prevince. op Ms
Immediately upon the receipt of these communications,
a Meeting of Directors took place, at which the follow-
ing Resolutions were unanimously agreed to:—
J, Resotvep, That in consequence of the foregoing com-
munications, and its appearing to the Directors that the
maintaining of the communication with Miramichi is at pre-
sent attended with heavy loss to the Company (which even
the grant which they consider the Company fully entitled
to would not compensate), the Directors are of opinion that
steps should be immediately taken for discontinuing the
voyage of the St, George to Miramichi, until some definite
arrangement be made by the Government of New Bruns-
wick, whereby the grant of £350 per annum, mentioned in
the Act of 1840, be assured to the Company, both for the
past and future services of the St. George ; and whereas the | hea ) 1 i
ground taken by the Attornev and Solicitor Generals of New Edinburgh would. come and sit down at.a board with me in
Brunswick, in the above recited opinion, is entirely unsup- | friendly conference. I will never cease to pray and work,—
ported by material facts—it being alleged in that document ‘and as I do so, 1 will bury in oblivion the memory of former
that * not any of the provisions of that Act” have been com- | controversies. (‘Tremendous cheering.) Yes, Sir, oh! that
plied with, and therefore that this Company has no legal or | the day were come that | might meet with my brethren over
equitable claim to the support of that Government.
in the meantime, inthe way of co-operation.
What am Ito do with the Cowgate and the Grassmarket,
and the other destitute districts in my parish? 1 cannot
carry on the work myself; and I will rejoice with all any
heart if the evangelical Dissenters of any denomination in
the grave of all former controversies—that we might shake
AND
PRINCE EDWARD ISLAND ADVERTISER.
—S
eceianantiininnal
Vol. VI-J CHARLOTTETOWN, SATURDAY, JULY 15, 1843. [No. 314
TO THE SHAREHOLDERS OF THE PRINCE
EDWARD ISLAND STEAM NAVIGATION
COMPANY.
The Directors of the Prince Edward Island Steam
Navigation Company having, in consequence of a com-
munication from His Excellency Sir Wm. Colebrooke,
Lieut. Governor of New Brunswick, enclosing an opin-
jon of the Attorney and Solicitor Generals of that Pro-
yinee, that the Company has no claim, either legal or
equitable, upon the Government, for remuneration, &e. |sent, it was thought right to give encouragement to Colonial ' placed i
&c. &c., determived to withdraw the Sr. Georce im-|
mediately from the voyage to Miramichi, as the Company
is suffering a heavy loss thereby; and having given pub-
lic advertisement to that effect, totake theearliest occasion
of publishing, for the information of the Shareholders,
and those whom it may concern, the correspondence and
documents which have led to their adoption of this de- ;
termination ; and also to give to the Shareholders of the
Company the information necessary to the forming of a
right judgment of the proceedings of the Directors, un-
der the very embarrassing circumstances in which the
Company has been placed by the very unexpected con-
duet of the Legislative Council of New Brunswick, in the
first instance, in such singular and unenviable opposition
to the just and faithful conduct of the House of Assem-
bly, and now by the opinion of the legal Gentlemen
whose names and titles are appended to their extraordin-
ary document,
A few days after the annual meeting of the Share-
holders of the Steam Navigation Company, the Directors
dispatched the following Memorial to the Legislative
Council and House of Assembly of New Brunswick, ac-
companied by copies of the Report adopted at the an-
nual meeting of Shareholders, by favour of His Excel-
Jency Sir Henry Vere Huntley, and addressed to His
Excellency Sir Wm. Colebrooke, with request that he
would be pleased to use his influence and recommenda-
tion of the prayer contained in it:
The Memorial of the Directors of the Prince Edward Island
Steam Navigation Company, sheweth :
That during last season, and from the 17th of August to
the end thereof, the Steamer St. George, their property—a
Veusel of 110 horses’ power, with good accommodations,
was empleyed weekly between Pictou, Charlottetown and
Miramichi, for the convenience of the several Provinces of
Nova Scotia, Prince Edward Island and New Brunswick.
That their undertaking was in a great degree induced by
the liberality exhibited heretofore by your Honorable House
towards enterprises having similar objects.
They therefore pray that yeur Honorable House, after a
perusal of the reports and documents herewith transmitted,
will take their case into your favorable consideration, not
only with the view of affording your valuable assistance to-
wards rendering their undertaking remunerative for the past
year, but with the further view #f assisting the Company
whieh they represent in supplying the means ef a more ex-
tended communication between other parts of the three
Provinces.
Having duly forwarded these necessary papers (the
Report and Memorial), the Directors were content to
abide theevent, in patient confidence that the represen-
tation of the advantages likely to accrue to those Pro-
vinces by a well conducted Steam communication would
secure the liberal patronage and support of a Legislature
already pledged for its encouragement. For a period of
nearly three months, the Directors remained in ignorance
of the issue of the application; at length, a rumour of
ill success reached their ears, and steps were immedi-
ately taken to ascertain the truth. A letter from a gen-
tleman at Miramichi at length informed the Directors
that the House of Assembly of New Brunswick had una-
nimously voted a grant of £175 to the owners of the Sr.
Georce, for the service of the past year, 1842, but that
this vote had been negatived in the Legislative Council.
Struck by the very extraordinary conduct of the Le-
gislative Council, the following letter was immediately
addressed to that Gentleman, with permission for him to
use it as he might deem advisable, for communicating
the views of the Directors upon the matter. We are not
aware that it was made public; but we proceed to make
it so now, as it conveys the opinion we entertain upon it:
“Sir; The Directors of the Prince Edward Island Steam
Navigation Company have to thank you fer the information
-you have been kind enough to procure them of the proceed-
ings in the Legislature of New Brunswick, with respect to
‘the application made by this Company for remuneration for
services performed, &c., in accordance with the encourage-
ment held forth by the Act of the New Brunswick Legisla-
ture, passed 30th March, 1840.
They assure you, that the intelligence of the refusal by the
Legislative Council of the grant so honorably and unani-
mously voted by the Representative body, has excited, not
only their utmost astonishment, but also a feeling of painful
regret, far beyond any mere question of pecuniary interest.
The acts of a British Colonial Legislature have hitherto
been supposed to he distinguished by such a steady and
honorable adherence to its engagements, that proceedings
have been as readily taken upon the faith of them, as if the
“remuneration promised, bad already been paid. In such
faith the P. E. Island Steam Navigation Company was forim-
ed, and in the formatien of it, a frequent reference to the
Act mentioned above was made, as one among other resour-
s€es to be relied upon for the necessary funds for its sus-
tinment; and the Compary having more than fulfilled the
aterms preseribed, by placing a Steam Boat of superior pow-
“erand aecommedations upon the station, reasonably cov-
eluded that they had but to make application for the grant,
“aud to receive it. j
___ Itwould serve no useful purpose to speculate upon the nice
distinctions and legal diserimination which may have influ-
enced the minds of the majority of the Legislative Council
ito the adoption of a course so destructive of all confidence
and good faith; but it has been stated that the Council nega-
ved the preposed grant upon the. ground that the Sr.
Groner did not run in 1841 and part of 1842—that it had
“not fulfilled the requirements of the Act to the very letter.
{fa clause had been inserted, stating. that if the expected
boat be not in netive operation by Ist May, 1841, this Reso-
lution will be void and of no effect, it would have afforded
+ Some plausible ground for the course taken by the Council.
~ Butin the absence of such a clause, it must be evident that | lative Council be the correct one,
the ordinary mode of understanding the Act is by its spirit. ;
A grant of £350 per annum for five years, from the 10th day | spirit
Governor of New, very
f May, 1841, was made to the Lieut.
Brunswick, for the purpose of encouraging a weekly steam |
communication between Miramichi, Charlottetown and Pic- |
tou, &¢. &e. Fifteen months elapsed without effecting the ‘and returning within the week), &c.,
desired object. Atlength a Company is formed, and a very | proper regulations,
|efficient Steamer purchased, and placed upon the station.
The objectso much desired by the Legis!ature as to induce
them to offer a bonus of £350 per annum for five years, for
jits accomplishment, is at length obtained. The service is
| performed—the account is handed in for settlement. It is
| unanimously endorsed by the House of Assembly, but reyec-
\ted by the Council, because (as we are informed) it was not
|executed at an earlier period. If it was desirable to establish
| good and regular communications between the several Ports
i mentioned in the Act, in 1841, surely itis not the less so now.
lf, when trade was in a more prosperous state than at pre-
enterprize, for the advancement and improvement of inter-
colonial intercourse, it is net the less needful when we are
becoming daily more dependent upon our own exertions.
If the facilitating the means of communication between
places is of the paramount importance to their pros-
perity which all political economists agree in stating it to be,
‘surely the maintenance of the line of communication from
Miramichi to Pictou, through Charlottetown, &c., is net
very dearly purchased to the Province of New Brunswick at
a charge of £350.
To conclude; if we were wrong in assuning that we have
established an undoubted claim to the grant offered by New
Brunswick, the delusion under which we laboured was cer-
surmise or doubt of any kind appears to have been enter-
tained by any party on that head.
I have now only to acquaint you, for the information of
our friends at Miramichi and elsewhere, that the Directors
of this Company feel so confident that some misapprehen-
sion of the case has caused the present determination of your
duce them to act in the just and liberal spirit which has al-
ways distinguished the Legislature of New Brunswick, that
they have determined to continue to run the Boat as usual,
until they receive positive assurance that the impression
Assembly is altogether erroneous and without foundation.”
We had contemplated attempting, in the course of the
season, the touching at Shediac, alternate weeks, but this
proceeding of the Council is rather a damper to our enter-
prize.
That no exertion might be wanting, on the part of the
Directors, to obtain attention to the just demands of the
Company, the following Memorial was addressed through
His Excellency the Lieut. Governor to His Excellency
Sir Wm. Colebrooke, Lieutenant Governor of New
| Brunswick.
To His Excellency Sir Henry Vert Hontxey, Knight, Lieu-
tenant Governor, &c. &c. &c. &c.
The Directors of the Prince Edward Island Steam Navi-
ria! which they had the honour to place in your Excellency’s
hands, for the purpose of its transmission to His Excellency
; Sir Wm. Colebrooke, in February last; and having received
‘information of the rejection of its prayer by the Legislative
| Council of New Brunswick, have thought it to be their duty
to make further representation to the Lieutenant Governor
of New Brunswick, with a view to obtain insight of the best
course to be taken under the very peculiar cireumstances
of the case, and they have very respectfully to request, that
tation, with your powerful recommendation of it to His Ex-
cellency’s attention.
CHARLES HENSLEY,
Chairman of the Board of Directors.
To Six Wiurtam Cotesrooxe, Lneutenant Governor of New
Brunswick, &c. &c. &c. &e.
The Memorial of the Directors of the Prince Edward Island
Steam Navigation Company, Sheweth,
That the Memorialists did, in the month of February last,
transmit to your Excellency a Memorial, setting forth a state-
ment of their having, during a part of the year 1842, main-
tained a Weekly Steam communication between Miramichi,
| Charlottetown and Pictou, by means efa very efficient Steam
i Boat, of 110 horse power, and praying that your Excellency
would be pleased to recommend their application for remu-
neration for said service, &c., to the favourable consideration
of the Legislature.
That the Memorialists are informed that some time has
elapsed sinee your Excellency prorogued the Provincial
knowledge, that, notwithstanding your Excellency’s recon-
mendation, and the unanimous support of the House of As-
sembly, it was disallowed by the Legislative Couneil.
:22d day of Ausust, to the 17th day of Nov., 1842.
| That she was employed on that service ata very great ex-
ipense tothe Proprietors, in the implicit faith that the Com-
| pany would be entitled thereby, to an equitable proportion
i of the remuneration appropriated for that specific purpose by
ithe Act of 81st March, 1840.
That by the above recited Act, a part of the Revenue,
amounting to £350 per annum, is appropriated to the Lieu-
tenant Governor, for five years, for the purpose of encour-
aging a Weekly Steam communication, &c. &c.
That the appropriation of such a sum annually, for five
years, for such a purpose, indicated an earnest desire for its
accomplishment, and left upon the mind of the ordinary rea-
‘der of the Act the very natural impression, that if the object
lsought by that Act should be fulfilled at any period of the
|five years, an equitable proportion of the promised reward
would be faithfully paid. In such faith the Prince Edward
Island Steam Navigation Company was formed; and it is
the belief of the Memorialists, that in a like faith the Celo-
nies of Nova Scotia and Prince Edward Island voted sums
in aid of this Company, under an impression that the three
Provinces were acting simultaneously for the promotion ofa
mutually beneficial object.
That the Memorialists themselves were fully convinced
that they had established an undeniable claim to the propor-
tion of the vote of 1840, due (for the fulfilment of the service
'required by the Act) for the time the St. GeorGE was on
the station; but as their views extended beyond the limits
ofthe said Act, they thought it their duty to address a Me-
morial to the several Legislatures, stating their intentions, and
requesting the necessary support. The refusal by the Le-
gislative Council of New Brunswick, of the sum voted by the
House of Assembly, and the ground upon which the Memo-
rialists are informed that refusal is attempted to be justified,
are equally matter of regret and astonisk ment to the Memo-
rialists, If the interpretation of the Act taken by the Legis-
it will certainly be very
needful, for the future, to beware of construing an Act by its
and if that Act was to have been administered in its
letter, it would have left but little encouragement for
attempting the enterprize at all. The Act requires that the
k (going
shall run regularly, not less than once a wee
att tt i and after several very
that the con-
concludes by a reiteration,
tainly largely participated in; for up to the last moment, ne!
Legislative Council, and that a reconsideration of it will in-;
they entertain of the ultimate acquiescence of the Lexis-'
lative Council in the views entertained by your House of |
gation Company having received no answer to the Memo- }
your Excellency will be pleased to forward their represen- |
Pl ae ab ogo hen Sey tye Pemgeeraiatt| Aud as no such provision was made for such security in
sult of their application, it has, nevertheless, reac |the Resolution of Appropriation in question that was seut
It becomes, therefore, the painful duty of the Memorialists |
again to solicit consideration of the following representation. |
That the Sr. George maintained the line of communiea-
;tion between Miramichi, Charlottetown aud Pictou, from the
|ditions of the Grant shall, in all respects, be complied with. |
| Now, itis almost a certainty that the most efficient Steamer has been complied with, excepting only as to the time speci-
would, in the course of 2 complete season, encounter gales fied for placing a Steam Boat on the line between Pictou,
and severe weather, sufficient to embarrass the regularity of Charlottetown and Miramichi, which was not accomplished
her operations, in defiance of the most strenuous and dili- until the 22d August, 1842—the earliest period of the St.
gent endeavours to complete them. The letter of this Act. George’s arrival in this country : That therefore the position
| would deprive the Company of any remuneration upon such taken by the Attorney and Solicitor Generals of New Bruns-
failure; the spirit would induce a reasonable eonsideration | wick is not borne out by the facts; and, further, that this
of uncontroulable circumstances. |Company has suffered great loss in consequence of its stre-
The Memorialists beg to apologize for the necessity of nuoms exertions to fulfil the stringent demands of the Act of
troubling your Excellency at such length; but they are 1840.
n great difficulty by the rejection of their application;| 3. Resorven, That it is the opinion of the Directors, that
jand they have felt it to be their duty, in justice to the Pro- the Government and Legislature of New Brunswick were
prietors of the Sr. Grorer, to lay the matter fully before bound (if they intended to withhold the grant from this Com-
| your Excellency, in the hope that yon will be pleased to give pany) to advise the Directors of such disposition, and not
‘it your consideration, and to honor the Memorialists with to have suffered the Company, fora second season, to incur
|such advice and assistance, under the embarrassments of loss by continuing to avail themselves of the accommodation
| their positien, as your Excellency may deem the matter to | afforded by the Company to the inhabitants of New Bruns-
| deserve. wick, for which they had no intention of offering remune-
i CHARLES HENSLEY, ration, and this more particularly, as they have not hesitated
Chairman of the Board of Directors. [to take advantage of the means offered by the Company’s
To which His Excellency Sir W. C. was pleased to vessel for the transmission of the mails. ;
/return the following answer and inclosure:— a pars it ete sk Bag tte! the Prpesedinat, MnBIE:
i (Copy.) rials, correspondence, &, be rawn up, ready for publica-
i tion, for the information of the Shareholders, and others
whom it may concern, relative to the New Brunswick grant
applied for by this Company for the services of the St.
George Steam Boat.
The various documents, resolutions, Sc. thus pre-
sented to the attention of the Shareholders of this Com-
pany sufficiently indicate the opinion of the Directors
upon the treatment which the Company has received at
the hands of those who they can most truly and con-
scientiously declare they were most anxious to serve, and
they have no desire to say more upon the matter than is
absolutely necessary to their own justification. It is but
right, however, that they should fairly discriminate,
giving honour where it is due, and attaching blame to
such as deserve their censure.
Thus it is our duty to acknowledge that His Excel-
lency Sir Wm. Colebrooke has given every attention and
countenance to our application that we could jastly
expect; that the House of Assembly has testified a
most honorable desire to redeem its pledge; but the
Legislative Council (with, as we understand, one or two
honorable exceptions,) has permitted itself to be misled
by the unfounded allegations which appear to have ob-
tained such ready (and unenquiring) credence with the
Attorney and Solicitor Generals, and must be supposed
to have unhappily adopted the peculiar reasoning set
forth in the opinion of those learned gentlemen. ,
2. Resutvep, That every provision of that recited Act
Frepericron, N. B., June 3, 1843.
| Se ;—I have had the honour to receive your Letter of the |
i 18th ult. with a Memorial of the Directors of the Prince Kd- |
‘ward Island Steam Navigation Company. Iwill take an
early opportunity of replying te the Memorial, and will be
, prepared to give all the support to their claims te which
they may be equitably entitled.
I have the honor to be,
Sir,
Your Exeellency’s
| humble servant,
| (Signed) Wm. G, COLEBROOKE.
| His Excellency
Sir H. V. Huntley,
&e. &e . &e,,4
| P. E. Island. J
| Pride,
Frepericron, New Brunswick, June 19, 1843.
Sir ;—With reference to my letter of the 2d inst., 1 have
now the honor to inclose, for your information, and that of
lthe Directors of the Prince Edward Island Steatn Naviga-
| tion Company, the extract of a report which has been made
‘to me by the Attorney and Solicitor General, who are Mem-
bers of the Legislative Council of this Province, explanatory
of the grounds of the rejection ofa grant in their favour, and
the view taken by these Officers of their claim to support
! from this Government.
| Since the receipt of this report, 1 have not had an oppor-
| tunity of bringing it under the consideration of the Execu-
itive Council.
Ihave the honor to be, We subjoin the following Preamble of a Resolution
passed at a most respectable Meeting of the Inhabitants
of Miramichi, on the 10th inst,—at which Thomas H.
Peters, Esq., presided——in corroboration of the state-
ments made in the above, of the regularity and efficiency
of the Company’s boat :——
Sir,
Your Excelleney’s
most obedient Servant,
| Win. G. COLEBROOKE.
‘ His Excellency p
| Sir Henry V. Huntley, K. H.,
&c. &e. &e. “Whereas the Steam Boat St. Ggorce has, inconsequence
ugar) ofa grant made and passed by the Legislature of this Pro-
: [Extrect.] vince of New Brunswick, in the year of our Lord One.thou-
Frepenicron, 12t June, 1843.
Sin;—We have the honor to acknowledge the receipt of
your letter of the 5th inst., enclosing, by direction of his Ex-
cellency, a Petition from the Directors of tho Prince Edward
Island Steam Navigation Company, for our “ Repert as to
“the grounds of the rejection of the Grant by the Legisla-
“tive Council, and as to the equitable claims of the Peti-
“tioners for the support of the Government.”
We have, in this instance, not the least objection to say,
that we both opposed the Grant, upon the ground that net
any of the provisions of the Act of 3d Victoria, cap. 59, upon
which the original Grant of £350 annually, for five years,
was made, had been complied with; and it is expressly de-
clared by the said Act, that that Grant was made subject to
| those provisions. ‘The Petitioners, therefore, have no claim,
‘in our opinion, upon our Legislature, on the faith of the origi-
| nal enactment; aud any new Grant that might be made, should
| be accompanied with provisions that will secure to the pub-
‘le such accommodation, for a specified time, as the Legis-
‘ture may think it right to require, as a consideration for the
sand eight hundred and forty, for the encouragement of
Steam Communication between Miramichi, Charlottetown
and Pictou, been purchased by a Company of persons asso-
ciated for that purpose, and has regularly run and performed
a trip once a week between Charlottetown, Pictou and
Miramichi, during part of the late season, and {rom the open-
ing of the navigation, at the commencement of this present
year up to this date,” &c. &c.
CHARLES HENSLEY,
Chairman of the Board of Directors.
eee errs
CHURCH OF SCOTLAND.
FREE PRESBYTERIAN ASSEMBLY.
Wepnespay, May 24,
Dr. Kerr, of St. Cyrus, read an interesting and en-
couraging “ Report of the Committee on the Jewish Mission”
for the last year.
‘A communication was here handed to the Moderator by
Mr. Henry Paul, which intimated the Resolution of Mr.
wing, of Levenside, to subscribe £2,000 to the cause of
the Free Presbyterian Church.
Mr. Henry Grey, of Edinburgh,
the Assembly to Dr. Keith.
The Moperator said—Dr, Keith, itis with no ordinary
feelings that I return you the thanks of this Assembly fora
Report, the hearing of which has been a source of the high-
est gratification, and the composition of which must have
been a congenial employment to yourself.“ Keith on the
Prophecies”—~(loud cheers)—is a work which has not-only
been highly valued and recognised in onr-Halls of Theology,
as holding a high place among sacred literature, but is to be
found in almost every household, and is known to every fa-
mily as a household word throughout the whole extent of
our native land, (Applause.) Thé*reverend Doctor con-
eluded his address by congratulating Dr. Keith on the suc-
cess his former work had met with, and expressing his con-
yiction that the very one in which he was now engaged in,
would meet with an equal success. a
The Moperaror introduced a deputation from the United
Original Seceders, consisting of Mr. Anderson, the Modera-
tor; Mr. Shaw, the Clerk ; the Rev. Thomas M‘Crie (son of
the celebrated historian;) Mr. Wyllie, and Mr. White.
‘bese gentlemen addressed the Assembly in eloquent and
impressive speeches, which we regret we cannot find room
for.
The Rev. Mr. Guthrie, after seme prelimirary remarks,
said, here | may be allowed the epportunity of stating what
my views are with regard to the part which the Evangelical
Dissenters of this country have acted in this matter. When
my brethren saw me battling for an Establishment, 1 could
not expect their support—that would not have been honest:
but when they saw me battling fer Christ’s Crown and Co-
yenant—when they saw me smitten by the civil courts—
when they saw an Egyptian smiting a Hebrew, they came
in to support me. (Cheers.) 1 take this opportunity of say-
ing, that 1 never did rejoice in anything more allany days
than | rejoiced in the explanation which Dr. Chalmers gave
of the mis-report of his first speech in this Assembly,—an
explanation that, out-and-out, corresponds with the senti-
ments of my own mind. (Great cheering.) 1 am fora union
i (Cheers.)
(Grant.
up to the Council at the last Session, we, and we believe the
majority of that House, alleged that to be the main ground
for voting against it. But, in case the question comes up
again at the next Session, accompanied by the provisions
above mentioned, we are not prepared to pledge ourselves,
as members of that House, to support it, as many circum-
stances may arise, in the interim, that may have great weight,
in the view we may then take of it; and our present im-
pression is, that the original Grant was a much too large ap-
propriation of our public funds to an object of that limited
nature, from which so small a pertion of this Province re-
ceives any material benefit.
We do not consider the Petitioners have any equitable
claims for the support of the Government; nor should the
question be looked upon in that poiut of view, but as one
purely of policy, whether it is advisable for this Prevince
to support, eut of our public funds (hampered as we are with
debt), a Steam communication of this nature or not; or, in
other words, whether the public good or exigencies of the
Province at large require it; and thus will be dealt with by
the Legislature, if the question again comes up, as the wis-
dom of that body may deem fit.
We have the honor, &c.,
(Signed) CHARLES J. PETERS,
é Attorney General.
GEO. FREDERICK STREET,
Solicitor General.
moved the thanks of
William F. Odell, Esgq.,
Secretary of the Prevince. op Ms
Immediately upon the receipt of these communications,
a Meeting of Directors took place, at which the follow-
ing Resolutions were unanimously agreed to:—
J, Resotvep, That in consequence of the foregoing com-
munications, and its appearing to the Directors that the
maintaining of the communication with Miramichi is at pre-
sent attended with heavy loss to the Company (which even
the grant which they consider the Company fully entitled
to would not compensate), the Directors are of opinion that
steps should be immediately taken for discontinuing the
voyage of the St, George to Miramichi, until some definite
arrangement be made by the Government of New Bruns-
wick, whereby the grant of £350 per annum, mentioned in
the Act of 1840, be assured to the Company, both for the
past and future services of the St. George ; and whereas the | hea ) 1 i
ground taken by the Attornev and Solicitor Generals of New Edinburgh would. come and sit down at.a board with me in
Brunswick, in the above recited opinion, is entirely unsup- | friendly conference. I will never cease to pray and work,—
ported by material facts—it being alleged in that document ‘and as I do so, 1 will bury in oblivion the memory of former
that * not any of the provisions of that Act” have been com- | controversies. (‘Tremendous cheering.) Yes, Sir, oh! that
plied with, and therefore that this Company has no legal or | the day were come that | might meet with my brethren over
equitable claim to the support of that Government.
in the meantime, inthe way of co-operation.
What am Ito do with the Cowgate and the Grassmarket,
and the other destitute districts in my parish? 1 cannot
carry on the work myself; and I will rejoice with all any
heart if the evangelical Dissenters of any denomination in
the grave of all former controversies—that we might shake