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The House in Committee on the petition of ‘hos. W. Dodd and others against the elec- tion of the Hon. Danie) Pavies, &s Gnd of the members for Charlottetown. Hon. Bb. Davies & account of his relasjousbip to bho sitting mémber Was extused vom sitting on the Committee. Hon. Leader of the Government hought that the Committee, before going nto an investigation of the matters set forth o the petition, should decide on* the course o be pursued under the statute regulating che mode of holding elections. The Sheritt iad nd author.ty to strike off any votes but those of parties who had voted twice, or io the wrong polling division. J+ appeared that two votes had been erroneously record- d againet Mr. Dodd, and the Stieriff had no power to alterthe record. The Taw required him io add the special votes to those entered apon the Poll Books, with the exeéption of the abdve votes’ He thought an imyestiga- tion necessary, altbough the votes referred to had not been marked ‘objected,’ and no serutioy was demanded by the sitting member, who naturally considered it unnecessary to do so, supposing himself to bé duly elected. But it was important to consider the prin. ciples on which they should proceed, tor if the House investigated these two votes whieh had not been objected to at the time required by law, the sitting member might object to every voie recer..' for the petitioning can. didate; ard where would they &x a limit? Had these votes been properiy recorded, Hon. Attorney Genera] and Mr. Dodd might have been returned, -and Mr, Davies “might,-and probably woold have demanded’ a scrutiny, which of course, be did not, having been returned as duly elected. Although no one would regret more than. he to see bis hon, friend lose his seat in that House, the principles of justice must be adhered to in the Cecision of the matter.

Hon, Arrorney Gexwaat concurred in the necessity of! laying down the principle on which the investigation should be conducted. It appeared that of the special votes the Sheriff had refused to accept five, as not be- ing agreeably to law. The yotes of Irader- ick Harris and Elijah Purdy, jr., were, it 15 alleged, given for Messrs. Paimer and Dodd by mistake, entered ‘as having been given for Mr. Davies. As to these two votes, 1¢ would be proper for the House to deal with them, because they were wrongly entezed. by the Poll Clerk; bat be bad doubts as to the right of the House to consider votes not obj cted to,when given, Such acourse would exceed the privilege of thé candidate b'mself, who, 0D a scrutiny, can only investigate yotes ob- jected to, an¢ so entered in the Poll Books. One of the Poll Clerks for Messrs, Palmer and Dodd, it appeared, had been here only three wonths, and his vote, not having been warked objected to, could not now be ques- tioned. The Act 29 Vic., Cap. .i0, Sec. 2, regulating the mode of giving special or

~weheduled votes, is very particular io pre-

ascribing the natere of the schedule to be sub- séribed by the voter “The sehedule muss eontain the wame cf the voter, and place of resideyca, a true description of the property ou which he ciaims to yote, its valuation, if held by Jease er agteenrept for lease’by par 1 or in writing, the annual rent end "value of the property, ard many other particulars. Some think the Gherif is bound to: receive any aete dale, however defective. He did not agreeimena, Crinida. Suppose that the scheduled qualifieaiion-was v2 owcership of a@teseel,.or that the possession of 100 acres of. land, witbost any cther particulars, was inserted, the duty of the Sheriff would, in bis (Hon. Attorney General's) opinion, be to decline to ‘fake such vote. There wee a ~wide distinction between the case of an elec- tot by hie own act nullifying hie vote, and that of bis being disfranehized by the mis take or wrongfy! act-of a public officer.

Hos. Mrs Suxcuain had understood that the order of the day was to have been the

etition against the return of Mr. John A.

cDorald.’ “As it appeared that the House world have to dea] with dry points of law, it might be as weld to adjourn until the coun- eel retained im tae matter should return from Georgetown. In.1863, the House transferred to their proper column votes given by mis- take.

Hon. Leader or rot Governuext.—Bat they were objected to.

Hon. Mr. Wiewraan —The’ question was Whether the Sheriff bad acted legally or otherwise with.regard to the epecial votes. dé was quite clear that tte Hon. Attorney Geveral had a large majority, amd the trane- fer of the votes of Frederick Harris and Elijah Potdy, jr., from the sitting member to the petitioner, would leave the parties equal, and a nice question might then arise.

Hon, Mr. Catuneck said the especial: votes alluded to were recorded, whether formally goerrect or not he could not say.

Mr. Brer said it would appear that a vast differences existed between voters being dis- franchized by the informality of others, and their haviog, by their own act, 80 filled ap echedules as to disfranchize themselves.

Mr. Raiiy was in iavor of eutering into an investigation of the whole Po}! Book, if aequired, in order to do justice in the pre mises.

Mr. Munro concurred with the opifiion of ‘the hon. member who had just sat down. There could not be many votes entered in the ‘wrong column on either sides.

' Hon. Mr. McEaewen was anxious that jus- tice be done to both parties. ke saw no dif- ficuity in arriving at an impartial conclusion 0 the subject.

Hon. Mr. Popz remarked that it was com- *petent for the House to rectify any error in tthe Poll Cierk’s Book, and referred to the precedent given in the year 186% At the @ioge of the discussion it was agreed that coun- wel bo heard mt the Bar of the Honse on be- half beth of the petitioner and sitting mem- ber.

AFTERNOON SESSION.

At four o’clock the House waited on [is Horor the Lieutenant Governor with the Ad- dress, and on their return, the Hon. the Speaker reported and read the following reply :—

Mr. Speaker and Gentlemen of the House of Assi MOLY :

J thank you for your Address in reply to the Speech with which I opened the Session.

¢ am satistied that you will devote your best eare ard attention to the work before you, and it ig ;yratifying to me to be assured that you recipi oecate my desire to co-operate with you for the public gocd,

Despatches.

The Ifon. Leader of the Government de- ijveréd « message from His Honor the Lieut. Governor, transmitting copies of certain Des- patches, which were read, and crdered to be laid on the table,

Privileges and Elections.

a motion of the Hon, Leader of the Gov- ernment, the House resolved. itself into a commi tee of the whole, oa Privileges and Elections, to take into further consideration the allegations set forth in the petition of Thomas W. Wood and others, agains the re- turn of the Lion. D. Davies, as a member of the House of A sseurbly, for Charlottetown and Royalty.

fon. Mr. Perry in the Chair, —

Hon. Arronxey General said that the question before the committee was quite differ- ent from the two election cases which had presiousiy come before them. One statement ia reference to the matter was, that the votes of two of the electors, Frederick Harris and Blijah Purdy, junior, were recorded in ou Poll Clerk's Book in favor of Brecken an: Davies, while the clerk of one of the — dates had those votes recorded in favor o Bréecken and Dodd, On Declaration Day, Mr. T. W. Dodd summoned those two eleetors to appear at the Sheriff’s Court; bus the Sherif decided that he had ao power to correct the Poli Book; the votes were, therefore, left aa they were, If the Committee now took up

———

———_——— - those two votes for consideration, neither of which were marked objected on the Poll Book, either of theparties concerned conld demand an investigation of every vote on the Poll Book, The candidate could then question the correctness of any vote, aud so could the sit- ting member. He did not know that such a course would operate in favor of either of the parties, and as it would be an almost endless task, he did not think the committee should examine any vote not marked ‘ objected”’ on the Poll Books.

Hon. Mr. MeBacuan thought that if those elector’s votes were placed in the wrong column of the Poll Book by aiistake of the Clerk, it would be unfair to Geny them the privilege of having their votes set right.

Hon. Arrornzy Gexerat. utderstood that if those votes were taken into consideration by the committee, and placedin other columns, Mr. Davies would take objection to some votes recorded ‘in favor of Brecken and Dodd, which should have been recorded ia favor of Brecken and Davies.

Hon. Leaper or Tor Government.—Tf a sCrutitty iad been demanded by Mr. Dodd at the Shenff’s Court, that officer (the Sheriff) might have investigated those two votes, avd upon suflicient proof that they were incorrectly recorded, might have placed them iu the pro- per columns. If the comr'ttee now went Into the consideration of those two votes, either party could ask an investigation of every vote entered on the Poll Books. This would be asking the Legislature’to do what the parties thems byes should have attended to, by de.

mandiag aserutiny at the Suerift"s Court. If a scrutiny had been beld, the Sheriff would have submitted aréport, which the House

would have taken wp and ¢onsidered. Before going into the question, the committee should decide ou what principle they intended to act He thought they should simply take up the special votes, and leave the Poll Books as they were; for if one vote not marked object- ed on those Books were allowed to bo ques- tioned, every vote on the Books could be questioned by either party in the same manner, lu reference to the special votes, the Sheriff could only take account of the vores which had béen properly bronvht before him. Some packages of special votes had reached the Sheriff from different parts, but not as the law directed. He thought those votes could all be ta!.en up by the committee, aud examined with the votes marked “objected” on the Poll Books, and that the other votes should be Jeft as they were. The matter first to be decided was, what principte should be acted upon by the committee.

Mr. McNeru did net agree with the Hon. Attorney General in reference to those two votes; for as they were not marked ‘ objected to” on the Poll Books, the Sheriff could nos, ifa scrutiny had been held, remove them to other columns. If the committee hud clear evidence that those votes had been placed in the wrong columns of the Poll Books, they would be periectly justified im placing them where they should have been. J¢ was quite probable that there wére no other votes en- tered incorrectly but those two. He could notsee how the Sheriff could disfranchise those two men, and he did not think the co:mittee would be justified in depriving them of their votes.

Hon, L, C. OWEN said that wheu an elector went to give aspecial vote, there was no special candidate present, but the Returning Officer reeorded the elector’s qualification particular, When-the Sheriff heid his Court, it was lawtul for the opposing candidate to object to any of these special votes which he considered in- correct. He thought it would be a dangerous thing for the committee to undertake to eX- amine ahy vote not marked objected, for by 80 doin7, either party could question any other

3: vote, and there would thas be no end to the trouble.

Hon. Leaper oF THe Govertuent did not not think the House would be justified in taking up the matter for eonsid»ration which snould have been decided by a scrutiny held at the propet time. Perhaps the reasom why a sctutiny had not been demanded was be~ cause the special votes had not »een aceapt~ ed by the Sheriff. The Committee could not give the petitioning candidate more than he asked for in the petition; but if those two votes were to be considered, the sitting condidate could demand an investigation of every vote ou the Poll Books, The proba- bility was, that instead of being the loser the latter would be the gainer by such @ course, He thought the principle of interfering, with any of the votes not marked *‘ objected,’’ was & Wrong one.

Mr. McNecn thought thatit @ great bard. ship ao elector shou!d lose bis vote because it happened to be placed in the wrong columa by th» Poll Clerk. The House was the only tribunal that could set the maiter right, and therefore, should take it up and do justice to all parties.

Hon. Mr. Cartzscn.—The Returniag of- fioer wae the Deputy Sheriff, andif the blanks of the special votes were not properly filled in it was hie omission. Before an elector gave his vote the blank should have first been filled up, ready for him to sign; if he recorded bis yote without a sigaature, it was owing to the neglect of the Returning Officer, not to his own.

Hon. P. Sinciair said that in ref»rence to the two votes, it was evident that the Return ing Offeer had announced the names and votes cuirectly, but they Were incorrectly res corded. If the Committee were going to act in the present case as they had in the other eases which had been before them, he thought those two votes should be properly considered, and if found improperly recorded, the should be rectified. He thought the Sheriff had uo right to strike off the scheduled votes; he should have given themi as he found them, and have added them up with the others; be had no right to sit in judgment upon them. The candidate whe had the thajority of votes should have been declared elected, and the matter reported to the House.

Hon, Afforyzy Genernat.—According to the hon. members argument, no matter how flagratit the error might have been in return- ing the special votes, the Sheriff was bound to take these yotes and add them with the others. Jhe statute said that every voter should state bis qualifications to vote in the schedule, The right to vote by schedule was aécording to the Act, and to enjoy its advan- tages the voter was obliged to attend to the directions given him. According to the hon, members argument the Sheriff was bound to receive the echedules, whether bogus or not. He (Atty. General) thought the Sheriff had a right toexelude all schedule votes tant had not been properly filled up according td the provisions of the Law. If Mr. Dodd had demanded a scrutiny at the Sheriffs Court, that officer cou'd not have admitted those schedule votes, becanse they had not been properly returned to him; be could only have investigated those votes marked « objected’’ on the Poll Books.

Mr. Rew.y thought the gucstiop was, whether the committce should examine those two votes or not. They appeared to be per- fectly good, but were marked for the wrong candidate, and the only time when Mr, Dodd could have referred to the matter was when the Sheriffs Court was held. Where the electors rights had been interfered with, justice should be done to al patties, ani he eonld not see how the Commitiee could escape the investigation of all the votes on the Poll Books if it were demanded.

Mr. Munro quite agreed with the «.ate- merits which had been made by the hon. member for St. Peter's (Mr. Reilly), He could not see that the investigation of those two votes would compel the Committee, if asked, to consider all the yotes on the Poli Books. The Committee were not obliged to consider any more votes than had been asked for in the petition, on the side of Mr. Dodd; as the sitting candidate might require an invastigation of other votes. It bad been stated the other evening that the Committee

had the power to overlook informalities if wrong had been done to any of the electors, and that-wherever an elector was deprived of his righis the Committee had the power to restore them, or to call a new election. In

the two former cages the Committee bad act-_

ed upon this principle, wherever no wrong was done the electors, they had the right to declare the two éandidates who had a ma- jority of yotes were entitled to their seats in the House. Where a vote was placed in the wrong column of the Poll Books, it should be rectified. If there were twenty or thirty votes instead Of two, entered incorrectly, the Committee Would no donbt consider them’ of sufficient importance to enter into the matter.

How, Arrorngy General. said that if theee two votes were taken up nothing could pre- vent either candidate from objecting to any other vote on the Poll Books. There might not be many votes to whieh objection would be taken; and if the Committee went into the matter, the sitting ¢andidate would have to be notified #8 to the course they intended to take, so as to allow him to prepare bim- self accordingly.

Hon. Mr. McEacuan.—There was no better way to act upon the matter than for each bon. siember to consider the ease his own ; no how. member in that case would be slow in coming to ® conciusion as to what course should be taken. He was as careful of his time as any hon. member of the Committee ; but he did not think they should shrink going into an examination of all the votes if i was necessary.

Hon. Legpgr or tae Government said that in looking over the proceedings of 1863, he found that there were four votes mis-record- ed in the same way; they were not invyesti- gated by the Sheriff, but by the House. If the Sheriff could not investigate them, it was clear that it would have fo be done by the House of Assembly. ’

The Speaker took the Chair and the Chair- man reported progress and obtained jeave to si¢ again,

House adjourned till ten o’clock to-morrow.

Toespay, Feb. 28. Tmpost Accounts.

Hon, thé Speaker in the Chair.

Hon. Laapex oF 12 Government faid be fore the House the Impost and Light duty Accounts, the Warrant Book, Savings Bank Returns, and Despatches relating to the re- strictions placed on American Fishermen last year.

House went into Committee on the Bill to continué certain Acts therein mentioned, which, being reported agreed to, Hon. Mr. Howlan presented a petition from the Trustees of Saint Audrew’s College, asking to be em. powered to sel} the land and property of that inatitution to pay for land purchased near St. Dunstan’s College, which, being received and read, was referred to a Comimittee to report thereon, By Bill of otherwise.

Hon. Leader of the Government introduced a Bill to extend the operations of the Savings Bank, which was read a first time, and order- ed to be read a second time to-morrow.

Hon. Attorney General introduced a Bill to prohibit the exportation of arms, which was read a first time, and ordered to be read a second time to-morrow.

Flouse adjourned unti} 3 o'clock. G.

lion. Leader of the Government, by com~ mand, presented two messages from His Honor the Lieutenant Governor, one on the subject of the Fisheries, accompanied by copies of Correesponegace and other papers, the other a copy of the Imperial Naturalization Act of 1870, and forms of decTaration to be made by parties eseking to avail themselves of it, scale Gt feas, &e,

Urdered to jie on tue tabie,

The Committee ov the Charlottetown Elee- tion was then resumed; Hon. Mr. Perry Chairman.

Charles Palmer, Esrinire, Counsel for the petitioning candidate, Thomas W. Dodd, Esq , was then heard af the Bar, in support of the

tition.

After some time spent in Committee, the Speaker took the Chair, and the Chairman reported progress, aud obtained leave to sit

ain.

House adjourned till ten o'clock to- morrow. H.

Wepwespar, March 1.

Debate on Savings’ Bank.

The House in Committee on the second reading of the Bill to extend the amount at present allowed to be deposited in the Savings Bank,

Mr. A. C, McDonald, Chairman.

Hon Leaver or tHE (loverNMext.—I su

ose there will be no opposition to this Bil}, it is necessary to increase the amount beyond the present limit, The utility of the Instity- tion ie universally acknowledged. A reference to the subj-ct was rendered necessary in the Speech of the Lieutenant Governor. in conse-

uence of the Treasurer having notified His

onor that the amount fixed by law had been reached, and that, under its present constitu- fion, it had been found necessary to refuse several deposits.

Hon, Mr. Paery.—lI suppoft this Bill, as I eonsider the operation of the Bank tends greathy to promote habits of industry and econowy, and I am gratified to hear that it has been so generally used by the people that it has betome mecessary to give it further power.

Mr. Munro.—I regard theSavings Bank as a most laudable institution, and a public benefit to the Colony, That the deposits of smal] amounts should have now reached fhe limit allowed by Jaw, speaks well for the usefulness of the institutiop;and the habits of the people. The accounts show that the operations of the Bank has, after paying its working expenses, placed four hundred pounds to the credit of the Government, While I shall gk dly sup- port the Bill before us, I hope the Goyzrn- ment may be able to see the way clear to ex- tend the benefits of Savings Banks to King’s and Prince Counties, as it is their duty, and, J doubt not, their desire, to foster habits of industry and economy in all parts of the Island, The establishment of local Banks in the other Counties, or of branches of this one, would be a gréat benefit by the faciliiies of deposit

of numerous small sums, which, in many instances at present, it is not deemed worth while to transmit to Chariottetown, The time has, in my opinion, arrived for the establishment of other local institations in Prince and King’s Cowties—euch as a Regis- try Office, a Money Order Office, and a Pro- bate Court, although, pehaps, the last need not be immediately necessary.

Hon. Leaper or me Government.—This discussion is out of order. The Committee have to deal only with the Bill before us, The proper course for the hon. member to take, is when the Speaker is in the Chair, to introduce a Bill for the objects he adve- cates, and move it into Committee, when it can be discussed. It would be necessary to provide in Prince and King’s Counties, for the safe keeping of the monies deposited. Here they are at once invested in the ay- meut of warrants or employed ia the general service of thecountry, If the hon, member will shew a feasible plan of carrying cut his views, it shall receive my support.

Hon. Mr. Cattazcx,—I quite agree with the Hon. Leader of the Government, that we should increase the amount at present limited by law. The Bank is at once g benefit to the public and to the Government, The saving of one per cent, on the interest account has over paid the working expenses, and the Government guarantee to depositors induces them to use the Bank more freely than they otherwise would.

Hon. Leaver cr? tnx Govsaxment,—J propose that the blauk ia the Bill be filled in with £109,000.

A SPO RRR sae Ce te

Hon. Mr. Srxotarr —T have no objec- tion to an addition to the present amount of deposits; but perhaps it is mot necessary to increase it to so great an extent at one time, 1 give'all credit.to the hon. nfember : from Georgetown‘ for the remarks he has made, but he should remember that there is no safe place in Georgetown in which to keep the deposits. Prince County is better off in this respect, ag,there is a Bank at Summerside where, by, some means, the business of a Saviogs’ Bank might: be transacted. The enlargement of the amount to be deposited in the. present Bank in Charlottetown may have the effect of limiting operations of Savings’ Banks in Prince and King’s Counties.

Mr. Bser.—I am pleased. to see that the Savings’ Bank is in so flourishing a condition, dnd shall support the mocion for £100,000,

Hon. Mr. Penry.—I do pot concider £100,000 too much, If the Bank, works ing op a small scale, has been productive of such advantages to the people and the Government, its operations on a more ex- tended plan, may be presumed to be greater, and no harm can be done, if the limit proposed by the Hon. Leader of the Goy- ernment is never reached.

Mr, MecMittan —-I have no objection to the blank being filled with £100,000, but it is time to extend the usefulness of the Bank to the other Counties. In Summerside the Bank established there is safe enough as a place of deposit, At present it is a bardship and inconvenience to compel people to travel from Prince Couaty to Charlottetown to deposit small sums in the Bank here. I eee no reason why @ brandh of the -present Savings’ Bank shou'd not be worked in ¢onnection with the Summerside Bank,

Hon Mr, Sinctarr.—''be branch would be under the control of the Government, and an assistant paid by salary could work it withoat difficnlty, the facilities the Sum- measide Bank possesses for exchanging monies would render the working of a branch easy,

The biank was then filled with £100 000, and the Bull agreed to without amendment.

Hon. Leader of the Government thea moved the House into Committee on the Despatches and other papers relating to the isheries,

The Fishery Question. Speech of Hon. G. W. Howlan.

Mr. Beer, Chairman. The Despatches, &o., having been read— Hoo. Mr. HowLan.— Mr, Chairman, the importacce of the subject to which these dogumeats refer oan scarcely be over-csti- mated, and the propriety, nay the necessity of an exhaustive discussion of it is requisite, in order that the deliberate opinion of the Legislature of tae Island may £° torth. to the members of the Joint Commission, about to commence its sittings at Washington. Previously to the date of the Reciprocity Treaty, the law on the Statute Book, 6 Vic., Cap. 14, bad for its object merely to give effect to the Convention of 1818, Com- mauder Campbel!, of H. M.S, Devastation, was appointed a» Magistrate lor the whole Island, that he might exercise the powers given by the Act, but his commission econ- terred upon him ne jurisdietion outside the three mile limit, for the law only aathorized magisterial interposition witbia that.distance from our shores, Adter the abrogation. of the Reciprocity Treaty the Colonies granted licenses to American vessels to fish in shore . on payment at first of a feo of 60 cepts per ton, inereased the next year toa dollar, and subsequently totwodollars. This was done not for the purpose of raisug @ revenue, . but for the assertion of our rights, and the very fact that such licenses were taken out is proof that those rights were acknow' edged. All parties hese are and bave been desirous of maintaining friendly relations with the American people, but there ig’ party in the States which denies that such is the case, and believe that the Colcuies wil) be foreed’ into annexatici if excluded from the Ameri- can markets. In my opinion those who quote us as annexationists are tbe worst ecemies we have towards procuring Recipre« city: 1 wasin Washington last year en- deavoring to procure a more liberal com: mercial intercourse, but I was to!d thit the Colonists desired annexation,’ and that if> our trade was hampered by restrictions, we wou!d be willing toenter the Union, Well, Sir, 1 do not believe that the feeling of our people is in favor of ansexation, No one possessing annexation principles could be elected ia this Island; There may be a little feeling in favor of it in some parts of the Maritime Provinces and Canada, but far from sufficient to send a majori:y of annex- atidnists to the Legislature. I am satisfied that our best interests are involved’ in the maintenance of friendly, relations with the States. . After we had exhausted all fi iendly means of bringing a closer commercial. in- tercourse with that country, the Dominion Government asked us to assist them to pro- tect the Fisheries, by fitting out and em- ploying armed cruisers. We declined the overture, and then the British Admiralty issued orders, by which, atier six months’ botice, the system of licensing was to cease. We, as Colonists, were bound to submit to the authority of the Mother Country, and bad no altcrnative but to follow in the course adopted by the Government of the Mother Country and the Dommion., Any other action on our part would have only led to trouble and confusion. I have heard it said that I was the cause of the troubles and difficulties which arose in consequence of the treatment American Fishermen received bere last summer, Asamemberof the late Government, and up to this time my mouth has been sealed, as [ was not at liberty to state what tock place in Council on this or any other matter; but, Sir, the Minate of Counci!, whick you bave just read, is now before the couviry, and I thick the people will award credit to the Government which drew it up. As 1 said before our true policy isto beon friendly and intimate terms with the Americans, 1 am in favor of a)- lowing to land and transmit their fish, and obtain all the supplies they may require, but I am not disposed to give up our nghts. The spirit of hospitality may induce you to welcome the stranger to our fireside, but you need not on that account allow him to take control of your house, By enforcing the law the British Government took away from the Americans no rights secured by Treaty, but merely put a stop to privileges allowed by courtsey, Nodoubt the northern section of the United States conceived harsh feelings against the Colonies during the Civil War, Blockade-runners were fitted out, and cargoes for the blockaded ports Were pat on board in Nova Scoiia, New Brunswick, and at the ports of Montreal and Quebec, but not s solitary instance of

——— enaseseanenn ——

the kind oeeurred here. The States have now adopted a policy toward us, based upon @ sentiment of retaliazion, but waile I hope to see liberal trade relations renewed be- tween that country and the dependencies of the Union, it cannot be expected that their tariff will bear as favorable to us as it was under the Reciprocity Treaty, They are now burdened with a war debt of eight hundred millions of dollars, which must be provided for, hut a reduction of duty on some of our products may reasonably be ex- pected. The duty of 25 cents per bushel on potatoes would not be, ia fact, more probi- bitory if it were raised to a doilar, and if the duty on oats and potatoes were reduced to 0 gents a bushel, a revenue would be re- ceived from them, and a trade in those articles could be carried om. Our ships would then be engaged in carrying oats to the States instead of Kngland. Sir, com- merce is like water, it will find its level, and

if its natural channel be obstructed, will find

other outlets, It is monstrous that in this 19th eentury two great and enlightened na- tions should have their trade fereed round

by restrictions worthy of China or Japan,

and | hope that we shall soon witness a

settlement of this matter, which will prove

mutually beneficial to ourselves and the

people of the States.

Speech of the Hon. Mr. Callbeck.

Hon. Mr. Catipeck. —It is unnecessary for me to occupy the time of the committee by remarks of any length, as I fully céin- cide with the views of the hon. member wito has just eat down. Some parties have com. plained of the axtion of the Governmeut of the day for having ihvested Commander Cantpbell with the authority of a Justice of the Péeaee. But, Sir, it is to be presumed that an officer in command of one of Her Majesty’s Vessels of war occup'es a situation which would justify any Colonial Govern: ment in conferring upon him magisterial powers, even witbout the production of bis commission. It has been said by others that the Liewtewant Governor or Adminis: trator of the Government, being ex officio, Vico Admiral, any officer of the koyal Navy should look to him for instrugiions, It is true that the Queen’s Kepresentative, for the time being is Vice Admiral of the Island, but that office merely autboriges him to act in our Court of Vice Admiralty, and conlers no control over the national ships or their officers, the commanders of which re- ceive their orders from the Vice Admiral or, other Chief Naval Officer on the Station.. I have always been sensible of the advantuge we derived from allowing American Fish- men to land their fish in the Island apd tracship them, But the opinion of the Law Officers was given to the effect that they

‘ could not legally do so, and that the practiee

bad been mere matter of sufferance on the part of the local Government. That io short wo, as a matter of mere courtesy, had

‘not enforced (he law, That the: infringe-

ment of the law would involve the liabi ty of American fishing vessels to seizure, the legality or illegality of each instanee of which must be decided by the Vice Admiralty Court of the Island. If that court decided that any vessel had been illegally seized it would be oniy just and equitabie that the erernment should make compencation to the parties aggrieved. Asto what bes been said im reference to the licensing of Ameri- ean Fishermen, it must be recollected that the system of gran‘ing those liceuses was adopted by the several Provinces of the Dominion, and each granted such, as far as concerned the waters around its own shcres, When the Imperial Government aud that of the Dominion put an énd to the system we had todothe same. The late Government, of which [ was a member, felt that ther were compelled to act as ther did, althouch fully aware that the course they jere com pelied to adopt was prejudical to the interests ofthe Island. The Minute of Council which bas been read shows that the late Govern-

ment were fully sensible of their duty to

foster the trade of the Colony with the Aicricans, ond I am satisfied that no res- trietion policy which we can adopt will bave the effect of inducing the Ameriean Goyern- ment to change their resent attitude, Our best and, I may say, only course is to man‘- fest a desire to cultivate friendly relations with that Government, and to seek by that means @ jiberal measure of free trade or reciprocity, but while I say this I will add that I have no idea of giving up our rights, and bowing in humble submission to the be- hest of oar neighbors.

Speech of the Hon. Mr. Brecken.

Hon, Arronney Genera, —The minute of the late Executive Council, [ am happy to admit, is a very able one, and reflects credit upon the body which prepared.it. I bad been but a few weeks in office, when I had to conduct a case ia the Viee Admirali- ty Court, im the matter of a vessel caught fishing within three miles of the shore. Now, Sir, by the Convention of 1818, they were not allowed to approach our shores within three marine thiles, for the purpose of fishing, without liability to seizure. The minute very properly refers to the large amount of business carried on.in connection with the fisheries in the Straits of Canso, but an Act of the Imperial Parliament was passed in the month of June following the execution of the Convention of 1818, to enable the British Government to carry out the conditions of the agreement eutered into with the United States, I agree with the hon, member (Hon, Mr, Howlan) that the British Government and these Colonies are disposed to act toward the United States in @ spirit of liberality, but the abolition of the Reciprocity Treaty of 1854, bad the effect of stopping 2 business beneficial to all parties concerned in it. This was done iu order to starve us into Annexation ; but the Americans have found out their mistake, and the great trade betweea the Colonies and the States has been diverted into other channels, A liberal construction has been applied to that part of the Convention which referred to the mouths vf harbors and bays, and the British nava! officers were instruct- ed to warn off trespassers. I believe that the Imperial Government, in issuing the orders they did for the strict enforcement of the terms of the Convention, acted at the instance of the Dominion Government, and the late Government of the Island should bave been in possession of those orders, so that they might give notice to American fishermen intending to visit our shores, But, in few words, 1 may say that, as the Colc- nies are subject to Imperia\ control, I can ouly express my sincere hope that this vexed question may be settied by the Joint Com- missi@n at Washington; and while [ admit that the priociple on which the Convention of 1818 was based, is antiquated, yet I am not, on that account, willing to g.ve up our sights without adequate re:uro,

Speech of W. 8. McNeill, Esq.

owgewdr, MoNeitit —I admit that Britain has pursued a iberal policy in reference to the United Siates. The Convention of 1518, was murely @ continuance of the Treaty of 1783, known in history as the Rreaty of Paris, by which the then new Republic, was ; ized by the British nation, The on fy difference was the inse: - tion in the Convention of the clause relative to the three :nile limit) The American Commissioners Franklin and Jay, under- standing fully the value of fisher:es in the Colonial waters, urged upon the British Commissioners the right of Americans to come into the Gulf to prosecute the bus'- ness of fishing and the representatives of Britain, ignorant of the importance of the interests involved, gave up what no other Government had ever conceded, and thaf at at time when tive flag of their country floated victorious in slf parts of the world, I do hot think thac che Treaty of 1783, was ever intended to exclude Americans {rom coming into our harbo's for the purpose of obtain- Ing provisions aad other supplies—such a construction would convey a libel on civil- zation. By that treaty parties were allow- ed to evter iato the different bays and harbors, and Jand aad cure fish, if these places should be uninhabited; bat, where Bettied, they eould effect these objects by agreement with the inhabitaate,