‘The Examiner]

THE EXAMINER EXTRA.

‘Charlottetown, Monday, March 13, 1871.

[10s. per annum.

“opinion was that Messrs. Sinclair and Laird M™had been returned, and believed the Sheriff

DEBATES

OF THE

USE OP ASNEMBLT,

nued from first page of this week's Examiner.)

Hoo Leapen or rae Government thought it was but wasting time to prolong the dis- ~assioa as it was then carried on. In the

rning he expressed a wish that the quee- tion should be calmly discussed, and ws aoxious that a wise and deliberate decision should be come to, It did appear that on \Yecleration Day the Sheriff of Queen’s County proclaimed Messrs Sinclair and laird elected, but it was also as well known that Mr, Cameron had polled more than sixty votes over Mr, Laird. They knew

too. that it was the Hon. Mr. Davies who foane fault with Sheriff MeGill for what be

did aad declared openly that for a less of- fence in England, that gentleman wou'd have been sent to the Tower. He, there-

fore (the Hon, Leader of the Government) sas the more surprised when he heard sfterwards that that hon. gentleman bad with Hon, Mr Callbeck, signed a notifica- tion informing the Lieut. Governor that

Mr, Laird had sent in his resignation. Now if Mr. Laird resigned and had a seat

to resign, eertainly no person had a right to get up and aay that he should then be admiited and swern in. Such an idea was sbsurd. The Return for that district dif- fered from all others which had beca cent io, and showed clearly on its face that the Sher # intended that the facts and oc recum-

stance 23 connected with that election were to eome before the House to be dealt with.

He felt surprised that any hon, gent!eman should find fault with the Lieut, Governor beoause he consul'ed with the Crown Law Officers, His Honor bad but recen ly

come to the country, and it was pot to be sepposed that he knew who were or were not mem ers of the House of Assembly. It appesred the Returning . Officers and Poll Clerks were sworn but some of them om’‘tied to sign their names to the affidavits, and ibe question then was, ehou'd that ic- forwali'y wmvalidate the whole of the pre- eeediags? The Government left the matter to be decided by the Heus? of Assembly, if the eonclu-ion arrived at should b> that the elestion was illegal, new writs should forth with issue for both candidates, for they in a legal point of view, were in precisely the ssme position. Ifthat Commit'ee consic- ered that there had beena fair and impartial election, and that the spirit of the Law in ita trae intent and measing had been car- ried out be (Hon Leader of the Goverr- mont) thought it would be wrong to give a seat to the candidare who had 60 or 70 votes leas than Mr. Cameron. He had bur- ried y prepered an amendment to the Kesolu- tiod of the Hoa. B Davies which he would

more.

* The Committee of the who’'e Houses on Privileges and E'ections, baying under con- sideration the Return of the Sher ff of Quees’s County to the writ of Election for the First Eeetoral District of Queen’s County, for the purpose of considering the epocial matters contained in the eaid writ, and for ascertaining the reasons why two Mem bers have not been return: d to represent said District a the House of Assemb'y find that on referring to the Return which is a’- tached to the writ, the Sheriff therem ex- press|y declares his intention to retura the special facts and circumstances connected with said Blection for the said District, eo that the proceedings had thereunder, and his said Return, might be dealt with in such manner as might de deemed necessary.’’ Toe reason assigned by the Sheriff for re- turaing those special f-cts and circumstacces was because certain P-esiding Officers and Poll Uierks at some of the Polliug Divisions of the said District had neyleced to comply with the requirements of the Elec- (ion Laws, in bot making and eubserit- ing the official «ffidavits required by Statute, He then sets forth that at al! the Polliag Divisions held in the said D strict, the respective candidates, viz: Hon. Peter Sinelair, David Laird, Ksquire, and Dor- ald Cameron, Esquire, bad tue following number of votes, that is to say, Peter S:v- elair, 1288; David Laird, 821; Donald Cameron, 897.

That, by a reference to the Po'l Dooks referred to, it appeared ail the Presiding Officers and Poll Cle:ks were’duly sworn, as required by law, either by Justices of the Peace or Freeholders boib previcusly to end after the o'ose of the Poll; but that tha said Reta niag Officers, ia some of the Pol!- ing Divisions, merely failed to sub<eribe their Bames to the affidavits so made by theu

Resolved, therefore, that as there ap- pears to have been a fair and substautial Hlee'ion held in the Firs: Electora! District of Queen’s County, and that no injury or dam.ge cou.d pors:bly be dune to any elector of the said District oy the said Retarning Officers and Po!l Clerks not having signed their names to the afGdavits made by them ; and tbat it clearly appearing thet Peter Sinclair and Donald Cameron had at the said Mlection a large majority of votes on the Poll Books, and shouid uave been re- turned by the said Sheriff as members to represent said First Elrctoral District of (Queen’s County, and eonscquently that thoy are pow fairly entitled to take their sats accordingly ; and that the said Sheriff be di- rected forthwi bh to appear at the Bar of this

Houre and Return Peter Sinclair and Dor- |

ald Cameron as Mewbers duly elected to this [louse to represent the First Klestoral District of Queen’s Coanty.”’

He (tlon. Leader of the Government) had carefully considered a!l the oircums‘ances connected with the case, and believed thit in conducting the Kieotion no injustice had been done to any one; and as it was ev:- dent that Messrs: Sinclair and Camercao were fairly elected, be thocght they should be a} owed to take their seats,

Mr MoNerut coa!d not vicw the question other than as one of great importance, for the decision arrived at would horeafter ia similar cases be quoted as a precedent. That Moo, Committee bad to cousider, mot what the Sheriff did not do, but what he cid do, Drawing bis conclusion, therefore, from the deelaration of the Sheriff; his

ought so too. But supposing that the same difficulty bad occurred in all other Distriets, the result might bave been that they would have all been excluded from the Legislature ; nor would it be hard to show what serious consequences might ensue therc- from. He (Mr. MeNeill) had to give an answer to his coustituents, and would net hesitate to say that, in his opinion, a serious infringement had been made uvon the privi- lege of the House of Assembly when those gentlemen, publicly declared elected by the Sheriff, were not allowed to take their seats, Encroachments upon the rights of the pec- ple always commenced by small degrees— nor had they to go back to the days of Charles the First for an instance of that kind. He (Mr. McNeill) saw, yesterday, in that building, an old Member (Mr, Mac- Intosh) from King’s County, who had been unjustly incarce.ated. It was King?s Coun- ty which then suffered. Allow infringe- ments to take place, and Qucen’s and Princo

Mounties may come next. Believing that the Sheriff returned Mossrs, Sinclair and Laird, they shou!d, he thought, have been allowed to have taken their seats.

Hon. Mr. McKacuen could not see the matter as the hon, gectlemaa dij who had last spoken, as he could not, from the Sheriff’s Return, draw any information which convinced bim (Mr. M:Kachen) that the Sheriff had positive y reiurned any of the candidates for the First District of Queen’sCounty But it was clear that the only error was, that in some of the Polli: g Divisions the Returniog Offers and Poll Clerks had omitted to sigan the necessary oaths. which to his (Mr Mek’s.) micd were duly administered; and be believed the omission cecurred because those men did not know that the oaths they had tsekea should have been subscribed, Tho votes in ail the Pollihg Divisions of the District, he was falisfied, were properly takeu, and therefore could not see any valid reason why tke candidatss which the electors placed at the head of the Poll should not be permitted to take the’r eeats, Were he governed by his own feelings, he would mort certainly prefer sceing Mr. Laird in the House; bu’, actinz under cath, as be then was, he had to be guided by a sense of strict justice to the electors and candidatee, and would regret if the question should be regarded as a party one, !! the candidates were Opposed to the Goverrment, and he therefore could not see how eny hon, gentle- man on the Government sde of the House could be actuated by wrong motives, Re- ference had been made to Charlies the First, the Star Chamber, and other scenes of a b+ e- gone age, anid also to those godly men who filled the lobbies of the House of Parlie- ment with dragoons, and di-played their love of liberty by dispersing the Members eveo as they manifested their hatred of tyranny in becomiog tyrants them:elves, which they evidenced in beheading their King. The great Liberals of tha: day bad in their ranks some of thusea Whigs who sold their King, not for great, as had been falsely said, but for £100,00@ sterling.

Mr. Howat thought the amendment of the Hon. Leader of the Government bore a self-contradiction oo its face, for it first enid that the Election Law had pot been complied with, and in the next place affirm- @ that the election bad been fairly taken. He (Mr. U.) could not see how it could be regerded as a fair election when the !awin all particulars had not been complied wich. Upon that point that hon, Committee wou'd have to come to a decision For his part, be could not see his way clear to affirm that it was a fair election, when the law had not been strictly adbered to, If the Statutes demanded that certain instructions were to be observed and some of those in that care had not. then be did not see how that hon, Committee could draw a line betweea whai duties were to be atiend-d to and those which were not; and if that hon, Committee ailowed a departure from the ‘egal re ~“ire- ments of the Acts of the Legislature, *. was drficut to ssy to what it wight tead——per- haps to depriving them of their seats, If tho Law required that certain conditions were to be complied with, he (Mr. HL.) was at a loss to kcow under what circum- stance hereafter they were to say when and where these conditi ns were and were notto be observed, Lf certain votes were illegal, a vote of that hon, Committee could not make them ‘egal, “That many oftiem were such was what he (Mr. H.) believe}; nor could that Committee make an illegally taken vote valid

Hon, Arrorney Grexerab admitted the correctness of much that had been said by the hon. gentiem»n, yet believed if that Committee was satisfied that the oaths were administered to and taken by the Returns ing Officers and Poll Clerks, the emission of their signatures was a mere (echnical ob- jecticn, which should not be revarded as cre that ought not to influence that bon. Committee to set aside the recorded wish of the electors. Unquestionably the Law had been substantially complied with and Messrs Sinclair and Cumeron should be adunitted to their seats.

Mr. flowat said there were tw. classes of voters re:urned by the Sheriff, and if one of those was lezal, the other was not, and and before Mr, Cameron could be admitted fo a seat those votes not legally taken had to be deelared legal. which he believed was not in the power of that hon. Committee to do.

Hon. Arzonner Genera contended that, by the reasoning of the hon. gentle- man, he placed the Sberiff above the House of Assembly, As he (the Hon, Attorney Genera!) bad before said, the Sheriff simply returned the facts for the House of Assem- bly to dispose of as it, in its wisdom, might deem right. While he (Hon. Att’y Gen.) snew that the Act was explicit in its re- quirements, and that the House of Assembly in the exercise of its great powers, should use them with discretion, yet it was a nice point to decide and say that that bon. Com- mittee was compelled to set aside the wish of the majority of the electors because a slight formality had not beeu observed. He (Hon, Att’y General) thought that that hon. Committee, if it was satisfied on the main points, wight overlook the technical objection. If, however, any hon. gentleman on that Committee thought fuller informa- mation was reqz'red, ho should say so, yet if they were satisfied on the main pofats, he

saw no reason for incurring unnecessary ex- pense.

Mr. Howat said the Hon. Attorney General did not attempt to show that Mr. Cameron bad a majority of legal votcs.

Hon. ATrorNry ‘ENERAL contended that the question to decide wus simply whether the omission on the part of the officers in some divisions of the electoral districts to subscribe the oath when taken, was suffic:ent to set aside the votes taken by those officers, and was it in the power of that hon. Com- mittee to correct that omission ?

Mr. Arsznautr would like to have the officers brought before the Bar of the House, to know positively whether they had been duly sworn.

Hon. Atrorney Geverit thought if Mr. Arsenault, or any other hon. gentleman on that Committee bad any doubts of that nature, those officers shou!d be sent for, but as Mr. Laird had resigned, there was no Cecasion, inasmuch as that gentleman’s clam was not then before that Committee.

Mr. Howar thought that hon. Committee was called upon to say whether Mr, Laird had or bad not a seat? The resignation he regarded as 2 question not then before them, and thought it would be time enough to speak to that question when it came up. If, as was said, Mr. Laird resigned his seat, then he had bad one to resign, as it would be nonsense to speak about resigning what a man had not.

Hon. Arronney Genrratsaid Mr.Laird’s claim to a seat in the House wag based upon tbe Sheriff’s dec!aration, and assuming bis claim to be good, his owa subsequent act laid it aside,

ion, Mr. Cattpecx—The hon. gentle- maa (Mr. Howat) argued that where the law was literally complied with, the votes which were so taken were alone legal : but if that hon. Committee believed that the officers were sworn, and that they eeted under the solemnity of an oath, he could not see but that the spirit of the Law had been fully complied witb, In ordinary documents men were guided more by their intevt aod spirit than by a forced construc: tion, an amb'guous expression, or intormal s‘atement, and he thought the same princi- ple should apply to the question then under cons deration

Hon. Leapger or THe Governwent would frankly admit that there was much :eason in a part of the statements of bis bon. Colleague, but it was difficu!t to draw a line of demarcation, as to where that hon,Committee should commence or end in departing from a strict compliance with the Statutes. lest in £0 doing it might overside the law, and conlessed be felt much delicacy in deating with the question before them, He (Hon, Leader uf the Government) knew that the require- ments of the Election Laws had not al! been complied with, but believed they had been in their spirit, and that every guaran- tee possible to secure a fair ard impartial election had not only been given, but faith- fully observed, and that, in its spirit and meaning, the retura at all the polle had been correctly taken, Two courses lay before the Sheriff (n Deciaration Day neither of which was positively taken, aud as the question

eame up before that Committee, jth a

come to & decision thereon. If. as Colleague (Mr. Howat) seemed to think that the election, as a whole, was rendered i!legal by the neglect of certain officers, and that Committee came to the same conclusicn, then a new writ weuld have to issue, and the election be run over aga:n, end if so, what guarantee had they that the like might not oceur again, If such should be the case, he thought the expense should be thiown upon the officers failing to do their duties; for, e4 matters then stood, Candidates had no guarantce but that they might be constantly involved in similar difficulties. In that District all the Candidates were opposed to the Government, and it had nothing to gain or lose by any change likely to occur. An- other Petition had been laid before the House against the return of some candidates. He bad not seen the poll books for that Dis- trict, but would rot then hesitate to say that if the returning officers bad not been sworn, he would insist that new writs of election. should issue. But, in the case before that hop. Committee there bad been no non- compliance with the Law but that of the returning Officer aad poll clerks, in some in- stano2s, Omitting to sizn the affidavits, which was, in his op.niov, an omission which would not justify that hon. Committe in coming to the conclus‘on that new writs should issue. But if is was deemed neogssary to have fur- ther evidence, it should be obtained,

Mr. ArsenauLt had just examined the Poll Books, and felt more convinced than ever that the retarning offizers and poll clerks who had not signed the affidavits should- be brought up for exam:nation. In dealing with the question care should be taken not to seta precedent which might operate uniformly in the future.

Hon. B. Davies thought there was mach good reason in what the hon, gentleiman eaid. The question ought not to be decided without evidenca being brought forward, and he would like it sould be, as there was no- thing before that Committee to base a con- clusion on, would like to have the Sheriff and offigars eximined; nor could he regard it otherwise than a3 most extraordi- nary that the Sheriff sould make a return which did not agres with his declaration.

Hon, Leiper ov Tus GovERnMENT thought

it would be nocompliment to the intelligence of that hon. Committee if it showld take its directions from the Sheriff or any one else, The poll books and the return were on the table. In the forenoon he (Hon. Leader of the Government) asked the Committee to say whether it desired that the officers referred to should be sent for, but bis bon. friend for Belfast, instead of answering that question, submitted a string of resolutions; and sarely there was something before that hon. Com- mittee, when it had those resolutions of thet hon. gentleman. For his part, he (Hon. Leader of the Governmont) could not see what possible good would or could result from sending for those geutiemen, Doing 80 would but incur unnecessary expense.

Mr. McNett regarded the resolaticn moved in amendment by the Hon. Leader of the Government, pretty much as the hon, gentleman from Tryon did, But to his (Mr. MeNeill’s) mind, the Hon, Leader of the Government considered that the votes polied, and daly recorded on the poll books of the district were legal, or be would not have tabled the amendment, But no reso- lution could do away with the constitutional yowers of the three estates of Parliamen*y

‘here were two views which might be taken, —First, did the cflicers who omitted taking and subscribing the oaths, do so for the pur-

ose of avoiding the responsibility i¢ would impose? or was tho omission ace:denta! and unintentional? A similar omission occurred in his own district, but he believed all knew it was unintentional; but supposing the omission was made to cover & willul neglect in the discharge of duty, and it should after- wards be made to appear that such was the casa, it would then be seen that a grave error had been committed, when that Com-

mittee neglected to have had those men brought forward and examined.

Mr. Munro thought hon. gentlemen on the Opposition Benches were disappointed that the Government did not see its way clear to issus new Writs. He (Mr. Munro) knew that Mr. Laird would be quite an acqusition to the House, and would be glad to see him in it, yet, however much he might personally wish to see that gentleman among them, that hon. Committee, in considering the matter, bad simply to discharge the duty it owed alike to the Candidates, Constituents in that district, and the House of Assembly. Nor eould he faii to be impressed with the fact, that whatever decision should be urrived at, it would hereafter form a precedent which would be pointed to in the future. The case under consideration, ard that quoted as having occurred in Georgetown, were not paraliel, In the jatter case the officer neglected to take the oath, and therefore the House of Assembly had no security that the poll had been fairly and impartially taken. In the one then under consideration, the allegation was not that the presiding officers had not been duly sworn, but that they omitted to sign the affidavits to which they had sworn. The Mayistrates, however, who administered the oaths signed their names in the juratand that certainly oarried on the face of it prima facie evidence that the omission of the signature of the presiding cflicer was purely accidental. On that po.nt he (Mr. Manro) had had some doubts, but,on examining the poll books, they were removed ; aud he felt satie- fied the affidavits were taken, though not eubseribed. That the returning officers had each taken the oath and kissed the Book, he felt morally certain, and thought that hon. Committee had every reason to assume those officers acted wonder the responsibility which their oath imposed He could not view the return of the Sheriff as absolute; nor did he attach much importance to what occurred on the day of Declaration. Between the Re- turn and Declaration there was a merked discrepancy. His Honor the Lieutenant Governor, acted wisely in adopting the course he did, as he was not supposed to know being then a stranger in the Colony, whether Mr. Laird had, or bad not, a seat in the Legislature. People sometimes did fool- ish things, and somevimes imagined that they were whatthbey were not. From the declaration of the Sheriff, Mr. Laird was reasonab'y led to seppose that he bad been duly returned, but, ander any circumstance of that kind. it was the duty of the Lieutenant Governor to avail himself of the advice of the Law Officers of the Crown. No doubt those gentlemen saw that the Sheriff s Return was-oot clear, and gave a sound advice when they cdvised that the case should be sent to the House of Assembly for ultimate decision. If the oaths were not admi: istered, there was no e'ecticn ; but, if that hon. Commitiee felt satisfied that the cficers were sworn, he (Mr. Munro) thought che omission of the signatures was not a material point. Viewing the matter in all ite bearings. he would deem it his duty to support the amendment of the Hon. Leader of the Government, and allow those gent.emen who had the majority at the polls to take their seats.

Hon. D, Daviss thought every gentlenan on that hon. committee ehould be satisfied that the Returning Officers and Poll Clerks had been sworn. One hon, gentleman asked for further inf.rmation. It was not far to New London, and perhaps it would be well to send und kave them brought to the

Bar of the House, and. comeutred, ahem Mr. Howias felt satisfied that if hon.

entleman would carefully examine the Poll

ooks they would readily arrive at the con- clusion that the oaths had all been duly taken, and that the only omission was the accidentai neglect of the Returning Officers in not signing tie effidavits. George McKay, Esquire, ot New London, was one of the ma- gisirates who administered those oaths, and subscribed the jurat certifying that the Re- turning Officer had been sworn, and he thought no one would for a mcment suppose that Mr. McKay would put bis name tu that which was incorrect. It was the same with all the others nor did he see how any of the officers appointed by Sheriff McGill could poesibly neglect to be sworn, as that gentleman in the instructions which he gave had been particularily careful in porting out that, and every other duty which the law required of them, ‘Therefor be (Hon Mr. H.) cone tended that the requirements of the Statutes in that respeet had bsen substantially com- plied with, and he could not arrive at the con- clusion that any of the votes duly reco’ded on the Poll Books ought to have been struck off. There was nothing before that committee to shew that the slightest wrong or injustice bad been done to any man None, he pre- eumed, would say that Mr. Sine!air ought be sent back to his constituents, nor did ke think Mr, Cameron should either.

Mr. Muxro.—Be‘ore the question was put would merely say, from what he had said it might be thought that he was cn unserup- lous supporter of the Government, Such, however was not the case, He supported it because he considered it was composed of the best metal, and enunciated the policy cf which he approved. And, therefore. it was that h2 made uo apology for giving 1t his sup- port. He was under no oblizations to do se, but felt in the course he was pursuicg that he was consulting the interests of the country at large. He never held an voffize under any Government, nor did heexpectcnethen. On all matters which the Governme:.t would bring forward he (Mr. Munrg) would endeavor to arrive at a correct conclusion thereon, and pursue that course which he should regard as best for those he aad the honor to represent. In the matter then befere that hon. committea, he thought, under the circumstances the ame.dment should be carried. Mr, Laird had honorably made it know that he woald not accept a seat unless he received it from a Clear toajority of bis constituents, and tha: if the decision ot the Sheriff on Declaration Day shon'd be confirmed he still wou'd not feel justified in taking a seat so conferred upon bim, and he (Mr. Munro) thought Mr. Laird deserved much credit for the open and straighbt- forward course he had pursued. It was pro- per for a man to taka a seat in the Llouse whan yoted to it by a majority of the electors of a District, but not otherwise,

The amendment was then put and carried, when House resumed and the Chairman re- ported the amendment agreed to in com- mittee,

Hon. B. Davies moved the original motion in order that those who supported it might have their names receded on the Journals.

Hon. Mr. Perry thoaght he was entitled to the privilege of makizg a few remarks, and in do:ng 80 would merely say he was pleaced with the manner in which the d’scvssion had been conducted, and thougit His Honor the Lieut. Governor in adopting the course he did acted wisely as in doing: e0 he bonorably protected the rights and liberties of the peo- ple. He fully coneurred in the opinion given by the Crown Law Officers,and thought the Government acted quite judiciously under the circumstances, and in sending up the question to that hon. House, had sent it to the only authority having jurisdiction over it, Had Mr. Laird been lawfully retarned, his resignation weuld have resulted in the issu- ing, in-all probability, of a new writ. But when the legality of his return was in dispute, the Government had but one course before it, and that course had been adopted. He be- lieved the oaths had been adminietered to al the cflicers, and thought the signatures ¢

the Magistrates to the jurats were genuine. Nor could he see that the Sheriff could have made any roturn bat the one he did. The H.ieutenant ‘Fov- ernor, Counsel for the Crown, and tiov- ernment, in their respective places, he believed. acted throughout a fair and honest part, and deserved the <hanke of all.

The original Resolution was then put, and lost on the following division—

Yeis—Hons. B. Davies Wightman, Call- beck; Messrs. Howat, McMillan, McL.au, Hooper, McNeill—8.

Nays~Hons. J. Pope, Owen, Howlan, Brecken, Duncan, D. Davies, Kelly, Mac- Eachun, Perry; Messrs Manro, hobertson, Beer, Arsneaux, J A. McDonald, Richards, A, |, McDonald, Moar—18,

Hon. Mr. Davis said, as the main motion was lost, he would not vote against the amendment ef the Hon, Leader of the Gov- ernment, (Hear,)

The amendment was then agreed to with- out a division, when the Sneriff for Queen's County, (Mr. McGill) appeared at the Bar of the House, and presented the Returo, in accordance with the order of the House, with the names of the Hon, Peter Sinclair and Donald Cameron, as the Members elect for the Firet Electoral District of Queen s Coun- ty.

Saturpay, Feb. 18th,

House met and again adjourned, till ten o’clock on Monday next.

Monpay, Feb, 20th.

Hon, Mr. Wightman wished to present @ petition fora Wharf for the accommodation of Steamersat Murray Harbor, but the House declined to receive it, as the application should have been made to the Executive, ac- cording to the rule giving to that body the initiation of money gracts,

The petition of William W. Sullivan, Esq., and others, electors of the Third District of Queen's County, against the Return of Messrs, Keliy and Beer, was read, and the House having resolved that the allegations contained in it were sufficient to justify an investigation, was made the Order of the Day for Thurday next. The respective parties to give security for costs, as required by law

Hon. Mr. Kelly, from the Committee for receiving tenders for printing the Journals, reported in favor of Mr. Cooper’s tender, which was accerted,

Dr. Robertson reported the Draft Address in reply to the Speeca with which His Honor the Lieutenant Governor opened the Session.

The Draft Address was read, and is as fellows: —

To His Honor Wivitam Civaver Francis Rosixsen, Esquire, Lieutenant Governor and Commander-in Chief, &c., &e., &c.

May Ir PLEASE yous Honor:

We, Her Majesty’s dutiful and loyal sub jects, the House of Assem| ly of Prince Edward Island thank you for the Speech with which you have opencd the present Session of the Legislature.

We also thank you for the expression of your satisfaction et the inauguration of your official mtercouree with us; and wea shall be happy to co-operate with you in the discharge of those responsible duties which Her Majesty has been pleased to entrust to vour eare.

We fully appreciate the desire you evince

r the public good, inerra teas o alter Sate rine of wate sitliitinme tion will be remembered among the most prosperous and happy in the history of our Colony.

We are pleased to notice the deep interest you take in the Agricultural and Jndustrial parsuite of the Colony, as manifested by your attendance at the General Exhibition, held in Charlottetown in October last ; and we will at all times be most happy to render every assistance to your Houor tor the development of those resources,

We have great cause to be thankful for the protection vouchsated to us during the past year,—an abardant harvest, general e ontent- ment, peace and health, ere blessings for which we feel continually thankfel, and which we acknowledge sincerely and humbly.

The Estimates, when laid before us, will receive our greatest attention. It is with pleasure we observe the increase in the Re- venue of the past year,

We will endeavor to provide for the re- quirements of the current year, with such hberality as is commensurate with the re- sources of the Colony, end in sucha manner es willevable your Government fully to main- tain all departments of the public service,

All paress which you may be pleased to lay before us will reeeive due consideration.

We trust the removal of the prohibitory in- structions, which were issued to Custom House Officers, in the month of Augast last, with re- spect to the them prevailing practice of admit- tins United States vessels to entry in the ports of this Island, will tend to the renewal of the mutually satisfactory trade relations which ex- isted between this Colony ard the United States, previous to the abrogation of the Reci- procity Treaty,

We are pleased to receive the assurance ot the increased accommodation which will be afforded by the new Pubho Building in Char- lottetown, and have no doubt it will afford that security for the public records which is necessary.

It is yratifying to be informed that the de. posits in the Savings Bank now amount te fifty thousand pounds, ag it a proof of the thrift and prosperity of our peeple. We shall cheerfully consider any measure that may be submitted to us for extending the usefulness of this most beneficial institation.

We consider it advisable that the Supreme Court shall sit a sufficient time each term to dispose of all the causes on the docket.

We coincide with your Honor in the opinion that the facilities for the shipmest and trane- portatio” of the productions of the Colony are insufficient. The deepening of the water in several of our rivers and at our public wharves, by means of dredging, and the expediency of constructing a Railroad through the Island, will receive car most serious consideration.

The enlargement of the Lunatic Asylum will be duly attended to.

Relyinz upon the gajdanes of Divine Provi. dence, we shall, to the best of our ability, in conjanction with your Honor, discharge our legislative duties with the dosire of promoting the best interests of our fellow colonists,

Made Order of the Day for to-morrow.

The House then adjourned.

H, Tvespay, Feb. 2Ist.

Hon, the Speaker in the Chair.

Dr. Robertson presented the petition of John Gaffuey and others. against the Retarn of the Sheriff for the Third Electoral District of Prince County, which was ordered to be re- ceived and read;

Howse in Committee of the whole House ci:

the Draft Address, in answer to the Lieutenant Governor's Speech. W. Richards, Esq., in the Chair. The first and second paragraphs were read ind agreed to. The third paragraph being

Hon. B. Davies said it had been usual on such occasions for the Leader of the Govern. ment (o favor the House with a statement, en- anciating to some extent the policy the Gor.

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vernment purposed to pursue, and regarded it as most extraordinary that no hon. member on the Government side had then arisen fo do so. It was well known at the last Bieotion that the Education Question had, to a cer- tain extent, been broaght prominently before the public, and that upon a certain question, in connection therewith, the late party had been broken up, anc the then present Coalition Government formed. It was also well known that such was the case; he thought therefore that matter should have been noticed in the Speech, and regarded the reticence of the Government as ominous of an intention to overthrow the Free Educational system. The Government knew the question was to be spoken te, and that it would have been in better taste if it threw out those hinte in order that hon, members might have an opportunity to express their views thereon, as he believed it to be one of those subjects which hon. gentlemen, all roand, should have had an opportunity freely to express their opinions upon, His Honor the Lieutensat Governor said he had the pleasure last autumn of being present at the opening of the General Exbibition, and was favorably impressed with what he then saw, Nor waa he (Hon. B. D.) going to say that he was unwilling to render to His Honor all the assistance for the development of the resources of the Island which it was im their power to give. But it on strange that, coming to this country as His Honor the Lieu- tenant Governor recentiy had, for the first time, trom a country where such a multitude of the people were so ignorant. that he omitted to refe to Education. His Honor must have been delighted with the intelligence of the people among whom he eame}; and as such was, to a great extent, to be attributed to their ex- cellent system of Common School Education, it was to him (Hon. 3. D.) strange that His Honor should, on his first Meeting with the Legis!ature, have omitted any reference there~ to. He had just been perusing an article in ona of the late Quarterly Reviews, wherein the writer pomted out the causes which pro- duced the immense amount of pauperism then in England, The reviewer seid that in the fifteenta century England was a much bap- pier courtry than it was in the nineteenth cen- tuary. Fn the 15th century she was_ noted, according to Chancellor Fortescue, for the number of ber sal) freeholders; and that writer pointed to the remarkable fact that the ris? of Panperism in Great Britain was con- temporaneous with the gradual extinction of small freeholders. At that tithe, besides the large estates, there were numerous small ee tates, owned and cultivated by small proprie- tors, while, at the same time, large tracts of land were reserved all over the country for the common use of the people. Those small estates were cultivated by the men who owned them. and the employer and the employed on the farm sat at the same table, which had an effect for good upon the farm labore:s, who had thereby an opportunity of learning much from their employers. The education of the common people was also at that time far su- perior to what it was in England at present.

As time progressed, the small freeholderg be- came gradually less, uotil at the present time they were, as a class, exterminated. Jn 1688, there were in England 40 000 families, free~ holders of the better sort aud 149,000 of the lesse, in all 180 000 families possessing free- hold estates, exclusive of the higher. classes, including the nobility, which amounted to 16,550 families, which were the owners of

; . a more oF sem lands "aua eh lal Sum ber 849.000, This was different from that which existed at preeent, when one-balf of England was owned by 150, and 194 millions ef acres in Scotland were owned by 12 per- sons, This change began to be effected adout the middle of the 15th century. The farmers of those —P and their men were on a par in pe of education and general intelligence.

very fourth family, at one time, was a free- holder, but they had all since that period been driven out, avd the result had been most disastrous to the nation, To-day there ere in Great Britain 17 millions of people, chiefly belonging to the agricultaral classea, who, when the sun went down, did not know where they were to get their breakfast. A Oommit- tee ot the House of Commons had been ap- pointed to inquire inte the matter with a view to arresting the numerous social evils arising from such a condition of affairs, and bad: as- certained facts which were truly” alarming.

The condition of the poorer classes in Ireland was, they all knew, sad, but it boré no come parison to that which existed in Bngland. England might build ker iron clads,and was well able to do 80—nay, could buy out her foreign enemies if she thought proper; but her danger then lay more in the social oondition of her own people, than in the enmity strength or power of foreign countries. Previous to the French Revolution the peasantry of France were incensed beyond measure againet the nobility by the oppression they Ird 60 long endured from them, aud on that clase at the time of the Revolution was their rage poured out; and sad as that record was, he be- lieved it did good, and he (Hon, Mr. D.) thought it would be well for the nobility and the Landed proprietors of Britain to consider their present position before it was too ‘ate. The Land Question of Great Britain, even as on this Island. had ever been the source from which had flowed that amount of misery, want and degradation which existed there. And what he (Hon. Mr. B. D.) wished particularly to notice was, that where the common people were not educated, the political power was thrown wholly into the hand of the upper classes which too generally have used it forsuppressing popular influende ; and he feared a day would yet come in Eng- land when the extreme want and misery of the common people would burst out hke a flame and vent its rage upon the nobility and wealthier classes in that country, The state and condition of society 10 England and the causes which had produced the evils existing there, were truly alarming, and only went to shew the wisdom of the L’beral party of this fe- laud, when it laid bold of the Land Question of this Island and grappled with it to a cer- tain extent, so successfully; and also its ex- cellent foresight and wise poliey in introduc- ing a system of Common School Edueation, which Judge Peters and other distinguished then amongst themselves and in the Provinces had declared to be one of the best in the world, (Hear, hear.) Yet Hie Honor the Lieut. Governor, notwithstauding all that was said about education in the country, and the well known anxiety of the people for the final settlement of the Lend Question made no reference to either in his Speech. It wag as- tonishing how the Isl¢hd had increased in prosperity during the past twenty years, and ag that prosperity was largely owing to the gradual extinction of the large landed pro- prietors and the intelligence of the people, which had greatly iacreased since the in- troduction of their Common School System ,it Eduestion. He (Hon. B. D.) regretted that his Honor had not referredtothem, Miss Sul