i 1..

;

it

ing that two of you. Mr. James McNab and Mr. Howe, had a. very few days previously, and after mature deliberation, gtven_m their renewed adhesion to the existing Council, and to the prin- ciples‘of Government on which I had theretofore acted, abandon- ing the project of a Party Government. Mr. James B.‘Untaclre had never informed me, that he contemplated resigning, and therefore no renewed expression of adherence was necessary on his part. I

The reasons which makethe appointment of Mr. Altnon expe- diient in my opinion at this time are such as, far from indicating actions; of policy, appear to me to afford convincing evidence of the sincerity or my desire to avoid a change.

On the late dissolution ol the Assembly the Council became openly divided on the question whether a Party Government is opiath adapted to the actual condition of Nova Scotia. I myself entertaining a strong opinion that such a Government would be jnyurious to the best Interests of the Country, and that apounctl

'for-med on the principles on which the Board which had up to

“1 Him" 33§l§l§d_m_rn_lel begotiduct of affairs was constituted,

1y “‘ pte'it' at e exigencies ofthe'_Colony than any which

beformednn any other principle.

commend thecovunment went to the Hastings, each ....'5 ‘t'iwnivietvs—Mr. Howe declaring at Halifax that if

,‘ Mus ' 'rly schceded in obtaining a majority, he should

' lleiIhttdidered front him to retire, arid that he would reti'fe‘if‘ltéfonud'himself'in a minority.

f‘MrCIobnslon, at Annapolis, unequivocally denounced the sys- tem air-a Party Government, and avowed his preference for a Government in which all parties should he represented.

' On the elections taking place. a House was returned which i believed would'bc opposed to the views of MrJIowe. I sent for that gentleman, and expressed my conviction to him that such was the case, inviting him to remain in the Government. Mr. Howe differed with me as to the probable feeling of the new 'House of Assembly, and said that nothing but the most impera- tive necessttv woo d induce him to retain his seat in the existing Executive Council,—but, after consulting his political friends, agreed 'to do ‘so, and to give a cordial support to the Administra- tion. -

After such a public manifestation of differences ofopinion lie- tweenMembers 0f the Councrl, it seemed to me. abwlutely neces- sary'lhat the mode in which the Government was trt flliltH' to be conducted should be made appurent.—A vacancy in the Execu- live Council gave me an opportunity or appointing a gentlem'ru known to be hostile to a Party Government, and by so doing. at showing to the Country that I was aver~e to that principle: in other Words, that I was desirous ofconttnuing to govern, . s I ul- \vays had donc. with the ac Vice of a Council consisting or the leadingmen of all parties. This was no change, and I do not conceive that M r. Howe, or those who act to conjunction with him, had any right to complain of such a course, especially as they had so lately, though so reluctantly, given in their renewed

adhesion to‘ the Government. ' ,4 selected lllr. Almon for advancement because, although the

.iu'eentdecl‘aration (at the Halifax election) of his sentiments with (agglutde a Council composed exclusively of persons belonging to ’one party, rendered my motives for his elevation unlikely to be misinterpreted in this respect, he had previously to that event been so little engaged in political dire that it was not probatin that the distinction conferred on him tvould offend the |trejtldlCPS .of'any portion of the community. he being known to entertain liberal views on questions ofgeneral policy ; and further because from his affinity to Mr Johnston, the leader of my Government. his appointment would be looked upon by the pubic as‘ a prttoi

I “my confidence in that gentleman.

Had Mr. Howe been tn a position to insist on Mr Johnston’s dismissal. he would have done so. Mr'. Johnston only requested that a vacancy in the Council might be filled up by a gentleman agreeing with him in principle on one Subjecl of deep importance, and I cannot allow that a compliance Willi his request could under the circumstances ofthe case aflorrl any ground for assu- ming that I irttended to change my policy

The practical value ofthe admission made by you all of my right to make appointments amounts to nothing, if you are jlhllfietl in seceding from the Counctl; and opposing my Arltntrttstraitbn. on

any—making one which you deem injurious to your i:flttencc‘

Other members of the Board would be equally warranted tn act- ting in a similar manner on an appointment being made conso- , hunt to your wishes, and in this way the prerogative of the Crown would be wrested from the Qucen’s Representative. who is respon- sible to Herhlajesty for its being judiciously exercised, and be- come vested in certain Members of his Counctl responsible to the Assembly. , ‘ ‘ _On a question relating to matters ofa local nature, and which ,dtd nor affect the floral Prerogativei should deem it my duty to my every regard and deference to the vieWS of the Members of Council, as well as to the wishes ofthe people. however much those wishes might militate against my own opinions, but the claim which your resignations lend virtually to assert, I have no power to recognise. .

I am glad to receive your assurances of personal respect. arid the expréss recognition of the confidence and good feeling which 50.1003 subsisted between us.

I am, gent emen, Your most obedient Servant. ». ~ (Signed) FALKLAND. Tolames I3. Uniacke, James ill-Nab, and Joseph Howe, Esquirts.

REPLIED 1 Halifax, 27th December, 1843. To His Excellency the Meat. Governor of Nora Sumo. tS-c. My Lord,

I have the honor ofacltno

’ ' ' wlntlging the receipt nf‘your Excel- lency I communication, o

flhe 25th instant, addressed to Messrs. Howe, Manb, and myself, on the subject ofour resignation of treats In Council, to which your Excellency was pleased to ole- vate us, on assuming the government of this province. hen I tendered my resignation to your Excellency, I antici- ted that I might be required to defend that stop in the Assem- ly, and would have preferred a course more congenial to my foelingl that a discussion in writing, not likely to produce .llelie: fit to those engaged in it; but the course adoptan by Von: Excel. lenc cprnpolu me to offer respectfully a few obscrvtt'tinutt.

T e "I!!! oftlt'o Lieut. Govurnor, iii the exercise oftlte royal pr_er_o attv’e, to call to his Councils wltnmsdever be may. deem eltgth ,Ilhuv'e ulwnytt admitted, and still recognize, to the full: out extpttf; but if, in wielding that power, our member of his Council is convrnced‘ that a polio is pitrstiéd. by which the. Government is weakened, his use ulncss impaired, or political reputation l'inzurtled, I am of opinion that lie possusses the non- Itltuttomtl privilege ofwitbdrn‘wing front rnsponsiliilitv wltisb fro has not been instrumental in Grouting, and is unwilling to aa- ptrtne, more particularly its the Lieut. Governor is now clothed \vnh power to dismiss public officers, whether of honor or emo- Iumcut, if the policy oftlte country demands it.

For some time previous to the departure ol'yctrr Cxccllcncy's predecessors a large portion oftho people of this colony bud pressed for tlle_administratinn oftho govarntnent, more iii uccor- éilunco With their interests and feelings, to whom wei'e opposed a numerous urtdyttl‘luontial body, whose opinions :vcre expressed [y a minority in the Assembly; and almost the first duty which devolved on your Excellency was, to work out this piinciple, IBDCIIODEd by the Parent Stuto,nnd approved by a majority of

K the A352 w, to accomplish which, vott formed a Council, com- posed ofp, on: entertaining various'politicnl views, unnoutwttd your approbation ofn mixed government, and so long as the premium selected hit your Excellent-v continued to eo-Opurate harmoniously. confi euco was reposod‘in that body, anti measures submitted to the Assembly generally carried.

I was,as your Lxcelloncy is aware, opposed to the dissolution oftho Assembly. _lcould not etccive the urgent net-essilv of the measure, especially its that branch ofthe Legislature bail in-

urtubl ” iped your Excellency’s Government, and signified. b a / ctr confidence. Icerlninly was tine-minions of the boa lug openly divtded on the question of party govern-

meat—that never having be

, discussed tom knowl d e ' the Assembly or either Con ’ y e g i m

_ . . ; and I cannot believe that opi- tttonl have been elicited from the people on that subject by the recent elections. admit tbut individuals, differing publicly, and openly addresstpg the people on those dlll'erences, have on- ,deavou‘rod to gum influence with particular constituencies, by "pointn ordeno’uncmg such measure; but the general wish of [the poop a, to flu a government, created by u unibn ofpersons in wlgzm they rely, andwhn vopoeo mutual confidence in each 0 r. . ‘ ' I ' I derstood.from your Excellency, that differences be- rs of your Executive. were reconciled, that they

t together, and that you intended to meetthe

. some Council that surrounded you at the dirt- nolutmn of.tbe lute Ano‘fly, ofcourse, as I had kept nlooffrom the dtllenlltms Which Cylif'ted, nod hudbuvowed mvsulf free from the mflnenceot‘any II‘IUIWdunlJ atulrl'bnve no otijection to con- tinuity member or that body, and lend my aid to support your Excellency-1 administration; but the change ofyour Excellency‘s determination influenced mine, and the appointment ofa gentle- man, for whom personally I entertain great regard, evinced a fin. ,il‘policy sodastructive to thei’igorir ofvour Estmllency’l go. "mutant in the Assembly, tlintI fult unable to defend it to the satisfaction ofmysclfor that body. '

J t

A Council formed on the principle ofreprosenting differen- political sonttmcnlc and interests, existing in the Legislature, with rt view ofproducing concord between its branches, can only be useful so long as tltosu interested have confidence in llleJllS' lice oftbose. who create it; and even the appearance of depres- sing one. interest or elevating another will unsettle lllB'E‘qlllll- brium so essential to its preservation, and produce discord instead ofltnrmonv. Tbe partv forming n majority in the Assembly, du- ring Sir Colin Campbell's administration, and an equality, if not majority in the bite House, although they complained that they were not numerically represented ntyour Excellency'a Council, {yielded cordial support to your Government, which. upon the principle ndvérted to, it would have been prudent to return ; yet the advisers ofyour Excellency, notwithstanding the ptibltc 'mn- nif‘estution nfdifi'erentres ofnpinion, on various'subjects, between leading member. nfyour Government, and the reluctance cvincvd by Mr. Howe, in renewing-bis adhesion to it, recommended the appointment ofngentlemnn to the Council, who, it is sutd,‘ Wits nunspicuoua attbe late election, itt opposition to members of yuur Excellency's Council. .

I do notthiult uny Government can remain powerful, unlessztt possesses the confidence of the majority oftlte people, and their political sentiments, I believe, are liberal, giving so numerous :1 party cause for withdrawing support I deem ttna‘dvised, llntl'lllC course pursued, I apprehend, will produce that efi'ect, and mint- nisli tbe influence oftltose who approve ofit'; therefore I ought not to hold "fillies: the tenure of which I have always understood from your Excellency rested our political support. '

I feel tbat your Excel'ency is under the impression that a large majority oftlie Assembly will sustain the views ofynur "Exhellcncv’s nrlvisors; ifso, the removal from your Couuctl of mvselfnnd others will materially increase the potvbrofyour Go- ve'rumontr and the. more circumstance of our withdrawal does not imply opposition to your Excellrincy‘s administration, unless theI measures ofit are considered objectionable.

The. experiment uftvrcsting the. prerogative ttf'the Crown frntn flue Queen’s Reprt-sentativo will not. be attempted by any public man responsible. to the, people of Nova Scutia, Wllt‘) entertain u just eslintuto nfConstitItlinuul Government, tmtl prlze [but pre- rogative nu highly as their more immediqu privileges. I never wish to see, it nltncltod, and will be found foremost in its tlt-ifencc. ifiuvudetlarmi I regrettliitt Ibo oonsoiontous discharge oftt public duty should have occasioned such an illtrll,1)r- that rclurtuuce to sustain Hflll tlefeutl nu appointment of ti gunllcmnu who but] never sought the stifling“ uftlte. people. when ntliurs tire corn- pelled to ask renewed assurances of their confidence, which seemed to disregard the claims of many whose polttuenl suppan for years has ban given to Government, and to some. ofwltutn such mttrlrs of distinction havebtten ultnost proffered, should sul» ject me to such an imputation; but I must, notwithstanding, I‘e‘ peat what heretofore has been urtquestiuut‘ad, the cuns‘lllllll‘lnfll right of retiring from a Government, when unprepared and urt- willing to defend its nuts, tlie‘ judicious exorcise of which privi-

c

the people. , I have the. honour to be, _ Your Evtzellertt-y's nbrlt Servant.

J.\ HES l3. UNIACKE.

l

Halititx, December 26, 1843.

Mr LORD,—Haviti,t_r, at very heavy personal sut'rifit'es, deemed it trty duty to resign ittto your Lordsltip's hands the officer! I held. I was prepared to defend the course I had taken on the floor oftlie Assembly, and to meet the objec- tions which might there be urged by your Excellertcy’a ud- visers, in the presence oftltose who must ultitnnt’ely decide onthe wisdom and propriety of my coutluct. This, I be. lieve, isetbe constitutional tuorle ofntljttsliug such points its are now at issue between its—a departure from it has else- where produced erubarrassrneut, and may here complicate what seems to be a very simple question... Further corres- pondence, 1 fear, can now (in tin good, but I am reluctant to appear to treat with disrespect it fortuul cormtiunicatimi from your Lordship, and must therefore offer it few obser- vations upon the letter oftlie 25th inst. with which I have Just been honored. ' L

When I consonted to take ti seat in the Executive Coun-

jority iu the Assembly, which majority was not weakened by the Elections (#1840. These gentlemen, (luring the three years I sat in the Council, were represented at the board but by (too, and, for it short time, by three members who enjoyed their confidence. Their opponents, a minority in the House, had, during all this time, sir Representatives in Council. This inequality, as your Lordship knows, pro- dticetl much tlissutisfiictiot‘t among the Liberal party ; riot- witlistnnding which, by great exertionS, it majority of them were rallied to give it intently support to the Government. This wus done, because their leaders were anxious to give to Her Majesty’s Government their best assistance in carry- ing but a new and advantageous system of administration iti British America, and bccituse they relied on the pledge, give,le Lord Syrlenham, and subsequently by your Excel-

be redressetl. In the new House, as ljudge ol'tlte returns, this party, without taking Mr. Unint-ke and his friends into consideration, will constitute at least one httlftlto members. —-thoy would have had, even if Mr. Altnou had not been up- poiuted, but two out ofcr'gh! at the Board. This, your Ex- cellency must acknowledge, would have been a sufficiently slender “representation” of tlte “political sentitrteuts and lhterests” ofone large party “in the legislature ;” yet I was willing to have met the House, rather in

dent hope, that, without an increase ofiufiueuce in Council, the party to whom I ltnve reference would have been satis- fied. My argument to them has always been, “Have pati- ence—tin opportunities offer, justice will be done.” While a disposition was shown to dojustiee, as vacancies occurred, force was given to this argument. When, h0wever, your Excellency itnnotmced your intention to‘ttppoint Mr. Abbott, thereby giving one balftlte House a representation of two, while the other was to have seven, I felt that the “policy” was “changed,” that justice was not to be done—that the only ground upon which I but] iutluccd my friends to mp. port the Government, or could hope to induce them, was to be struck away, ntid I left in the position of sanctioning a policy by which a fitir representation ol'tl'teii' political centi- tnenll and interests was to be indefinitely postponed.

It was wish, therefore, to “ wrest the prerogative from

the Qu eprcsentative‘,” which ittdtloetl me to resign, but it d guard myself from rt totul loss'ol confidence and in iii the As‘sembly, by which [Would be de- priyed 0 power either to serve Her Majesty or benefit

the Province. I respect the Queen's prerogative us much

as I do the! privileges of the people, and your Excellency knows that during the three years I served you, I never counselled its surrender, or attempted to tamper with it in the slightest degree; bill it would be a hard case,” the pre- rogative could be so starittctl, as to compel public men to serve the Crown, at the price of their consistency and the wreck of their reputation. ‘ Assuming that Mr. Uttinckc and llil friends were to act with mine, tben tlte case would be but little better, hecullso we, who had good reason to cottnt ttpon a mitjot'itv ofth Assembly, weroito have but three seats iii the Council, while the tninority, led by MYEJOl’IIISIOIl, were to bavo five, even without Mr. Abbott, and with hitn they were to have sir. Under those circumstances, it was a pronf'ol'our desire to avoid all ornlmrrnsstueut. that we consented to meet the House with n Council thus constituted, and it is not surpri- sing that we should have opposed an appointment which we believed cottld not, even upon your Lordship’s own principles, be defended. « With respect to “ party Government,” well aware, that, for many years prior to your arrival, parry government existed here it! its most offensive form—the minority having all the Executive influence, and the entire distribution of patronage, while the great body oftlie p o,— ple had nothing but u representation of two to one in are Assembly. Your Lordship found the Executive and Legis— lativepouncill, and almost all the public offices, filled from the minority. under this vigorousparty government, to Which your present advisers clung." long Ill it could be sustained. They now profess to dislike a party government, merely be- canoe her Majesty has declared that theinlorettts and Opini- on: of‘ the .minority are hereafter to be respected, and yet. being 9 minority, they ‘seek to preserve, in the Executive Council, an unvarying and clear ascendaucy.

It is true that your Excellency has done n'good deal, as opportunities offered, to win confidence and support by a

your Lordship is

fairer distribution of patronage ; a flaw satisfactory appoint-

one (colonial mews.

logo. will be tested by the increased or diminished confidence of

. minority.

oil, the party with whoml acted formed a considerable nut-l

_ . I deference to your.I Wishes, and the ndnce of friends, than with any very confi-

....—H-._

meats have been made to; the Executive and Legislative Councils, but, at’ both Boards, and ip public curnrnISstous and departments, the preponderance In still. largely tp favor, oftliat party who support your present adVlSII’S. It is, per- haps, your Lordship’s misfortune rather than your fault, that

this state of things, but you will at once perceive, that the only guarantee the people had, that it would ever be im- :provetl, was founded on the assurance that the pnrty\who have equal, if not superior claims With those who have no long profited by this patronage, would fairly participate in those counsels which were to Influence its distribution.

The desire for what is called “party Government” has arisen in this Province ,out of circumstances over' which neither your Excellency nor myself have had much con- trotil. , For several years your Lordship was called upon. ttlmost weekly, by the friends and supporters of your pro- sertt advisers, to dismiss from your Council the few Repre- sentatives which the majority ofthe Assembly bad there:— md latterly others have claimed it party government, for two reasons, first, because they believed that those who gave your lordship bttt hollow support fared equally well With lhose who sustained the administration cheerfully—unmpe- condly, because circumstances, to which I_ need notrefer, had created lhe,impressiou that the Cottuutl was not only divided upon important public questions, but that some of its members entertained for each other no very friendly feeli ings. . I . ' r

l have never asked, and do not now desire, a party govern- ment formed of but one interest, to the exclusion of- all others; bttt ittloes appear to, me that it would he better to form a strong government, of gentlernett representing tltf- fereut interests ' and different sections of the country, but agreeing upon common principles apd common measures, and secure a good working majority in the Assembly, rather than to attempt, by any exercise of the prerogative, to bind men together wholtuve bttt fevv private or public tics, and who cannot litil to weaken any government by the absence ofthnt llllIIf-lll‘ personal influence upon society and public opinion Which the members of Council should steadily ex— ert, and without which they cannot expect support either to Parliament or throughout the country. _

To Mr. Alrnott, personally, l have no objections—bis ele-

vation to the Legislative Council 1 should not have apprised; but your Lordship’l opinion of his political position differs widely from tnirte. Mr. Almorr supported the last adminis- tratiou, which tvns ofa decidedly exclusive party character, and whatever he may have s.uid,‘iu a few brief public. obstar- vatious bu blade from tlte Httslings, he voted and acted With the minority in this Township ttuuinst Mr. McNuh, a mom- ber ofthe' Government, and with those who have incessant- ly tletuntitled a p rty government, based on 11 Representative Mr. A tnott’s party conneximis and optptons were, their, sufficiently decided; bit! I had other objections. ‘] (Iltl not think it wise, irt tnukingnn appointment to the Liter-u- live Count-ll. under the present systetit, to pass over Ill? 1 Incitibers of bollt branches of the lmgislatttt'e, of all partus. in favour of a gentleman, who but] never represented titty constttttettcy,atid upon no graver public necessity than his relationship to MnJultustou. " That I tlitl consider that those members of Council who httd opposed the dissolution, Willi their friends in the As- sembly, were “in a position” to enable you to carry on your government without Mr. Joltuslon,ymtr Lordship muy retiietrtber—tltatd did not “insist on his dismissal” is pro- vetl by the fact ofrny consentingto serve with him, although lnever attempted to conceal from your Excellency that some clialtfle or modification oftlte Council might be forced ttpon the Executive by the Asserr‘iblya~ Wlint tnightliave been Mr. Johnston’s opinion as to the propriety ofrctatrttng my services, had he been confident ofit tnujority, I cannot determine, bttt I would not much like to hold a seat by no frail l tenure as the niotlemtiou oftbose by whom he in sus- tained. My litiliel'is,tltnt art erroneous impression has been made upon your lordsltip‘e mind, both to the CDIIIIMSIIIOII ofllte'new House and the construction which will be'pla- 0811 upon the policy of the new appointment. Those who difer from my friends and rityscll'will soon have an oppor- )tpnity of testing the sobriety ofourjtttlgmetit arid‘ the accu— ,j'noy ol’their own calculations. I thought and still think” it l would have been better to have tried the temper of the new ;House, wrtltom makng any appointment, or to have made lone that Would'httve brought tothe Govcrtttrtcnt some par- ,Iiumentrtry support. ,