22

es 9 ‘eckly Hournal of Politics, Literature, and Mew | A Weekly Hournal of Politics, Literature, and dlews. Z i ‘This is inatin Liberty, when Wileoteios etiam niet 6s eat hobi the Bablic, me. Sd Mido. Muudmgenige, (8:01 dice on

4 Vol. X. Charlottetown, Prince Edward Island, Tuesday, March 6, 1860, | | oe New Series ---Ne 8

, . . ; . ) y the arrival of that time: ar sh oe If any of their Honors doubted the assertion, he afforded an opportnrity to free ourselves from the aspersions Dv sent down to the [Mouse in reasonable tine, let he sa ject, | losing any Slachdiel eh burt oe on any apprehension of /would refer them to the catalogue of the Bills, sent up by which have most unjustly been cast upon us. We have in- instead of connecting it, in the undigoried manner proposed by | draw nis motion ae ‘however, he had pa ed es a wae | . . . i ) .- . . . 2 s "2 - the other Louse, last Session, which met with the conerr- | deed most serious grounds of complaint on account of the. me ae Col. Swabey, be taken up Qpon its own ments, and | do so, he (Hon. Mr. Johnson) would coil oa ee > e } ~ ~ » 1 : ve enquiry Concerning it be prosecuted independently of | motion being made to the effect that his Honor heve eae

| . . ° Y P ; S a if ies Ww rich ha Ve been dir ee ted ain t us ’ € e wou a p ate t rence of the Legisla tive Council. he first was a Bill for th eats a id salumni rt 1c ; ; ! . agi ms > | any th r quesiion hi re | ; ily a bi ‘) J ' J 7 rT 5 ’ e - aciua be a uomany roceedc- withdraw his moron of th ndin Cc ’ ent.

raising a Revenue. Did they impede, or manifest any dis- | but these are not all. With regard to financial matters, we | ing to wix it ce idk the contac er Har Reoshenes*s eek ‘position to impede it? Nu. Neither did they impede the certainly have not been well us: d. The members of the other | His Excellency was not here when the a ener i wn Honor the Presipent then moved that his Honor Col, second, which was a Bill for appropriating certain moneys House received indemnification for “heir outlay and loss of) Address in question. He cannot fairly be supposed to know } “hae “s Tevet of to withdraw bis motion of amendment. therein mentioned. As for the third, a Bill to extend the time, ocvasioned by their attendance in Partiament during | 2"y thing about it ; and cannot, inany way, be held answerable “to be the ae oe eT ner, omen mae ‘Criminal Jurisdiction of the Potice Court, so far from offer- the legislative Sessions ; and they are justly entitled to it for its fate. It was forwarded to the Colomal Office by His) pal Officers of the eee : — a yy oe ing any obstruction to its progress, they cbeerfully lent their Not more so, however, than the members of this Council. | Excellency’s predecessor, upon wlom all the rvsponsibility | sratemente, respecting instructions war =hete waite = aid to secure the measure from imperfection, and to render| We all require it, and should all receive it. [I cannot see pase ho nee - on a rags a Sovsseet can be held ed from Home, for the remodelling or reconstruction of thia it as beneficial as possible to the public interests. rsponsible, rested. But f think it must be plain and obvious | Cou

The fourth | that any difference exists, or should be mide, on that score! that his :fonor Col. Swuabey’s present mode of proceeding rela- neil, oF something sill mare decisive against t— i's total was an Act to enable Aliens to hold Real Estate. -aing re

1 sent ; ‘ : ‘ /annshilation, aha That between the two Houses of Legislature. It is true L have,!cive to the Address is something like making the jamp before have aurakanae Pat cuca Or teber uene? een : orn at paper, unless

was not an every day occurrence ; butan Act of the highest | at various times opposed this proposition ; but when I see one gets to the style. His Hovor says that no answer bas been! the maki f the

importance, and one which, in consequence of the proprietary that in the three other North American Dependencies of the ‘made kuown. ‘True ; no answer has been made known, becaus+, | Bolmennaah _ bette d aa had been sanctioned by the

and other changes which miglt resuit from its enactment, it) Crown, the members of the Legislative Councils have com- | although an answer may have deen received, the proper time the determiostion of ihe tenet “ pares 2 pet, whist

behoved thy Leg’slature most carefu'ly to consider and pensation made to them for their travelling and atteadance ortaking it known is not yet arrived; and, for aught his| this Council, wes made known fences ig "ata " ‘o® *

: . . lai . i : | Honor knows, if there ? : he doomed

> . . t } s " acts Yr > “ a 2 » 2 © c : re ts one , itm ys when communicated, be it d ;

a uhh yeas ee me “ oe ae % see LL aan oe — heh E refteet that the found to be quite different from what he apprehended it to be, | cuajemenia tienen rare Case ke ae

either the private interests of individuals, or the general | same thing was once done here, 1 cannot see that such re- | aid prove to be entirely satisfactory to him. Let us wait un i | of sanctioning the insulting > ver to th "Cotbo ta whieh \ net ’ ng manner to this Counei!, in which

yates , ene ; on sa + TDs * an | : . ‘ . , . . : ; ' interests of the Colony. hs this Bill Mee best maneration is withbe! d from us for any other than personal the Despatches are sent down by His Excellency, and then, if) sach information was canveyed to them and. th ea consideration, and agreed toit. Noobstruction again there, | feelings of dislise and the asperity with which the majority | among them there be no answer to the Addreas to Her Majesty, | the Government adopt the = saht f the public, did nor . . > os . . - - 1 ‘ although it is true he voted agaiust the same Bill, the pre- of the House of Assembly regard the major part of us. My |‘ ie Honor may imwedivtely give notice to the Order Book that | publishing the rh Sate 7 Se course of Then there was a Bill to ptovide for and wish is that we should, with proper spirit, vindicate our he will move an address culling for it, T have, so far, argued | the power to effect the changes with: wich we me ae oe? ~ ; re threaten

vious Session. enforce the prepayment of postages. That was a Bill which | public character and assert our legislative independence ; for iro his Honor’s Pteaad si ely on (he grounds of its) At present | ehall say no more than that, to the fullest exter t. I : a ve one . : a oe i ‘ “4 | being Unconstitutional in form ; but, at the proper time, E shal: | : yt s . a had its origi a correspondence with the Colonial Ojlice. | if we do not so protect and defeud ourse on ; PS OS ees | Stee en ee = end, more than all, mast they feel themselves humiliated by 1S CS Sorgen Oe er . eee ta ss : pmanel ves, 00: one will do be prepired 'o enter into debate upon a}! the points, or quesiions | addiene te the Ad on: Setipliogd WF Hie the wot wae When he was a member of the Exceutive Counci!, it was | it for us. Le edknie aaa ; ; ‘on to the Address, proposed by his Honor Cal. Swabe of policy which, on a thorough consideration of the Address, it Hon Mr. Paumer positively denied that the fete, . x a : ’ wentha

the fact that, al:hough months have elapsed since the _ he 7 Seite welll Dadiadieeeneh ieee | Address to Her Majesty, to which they agreed at the close |'TU° that it was agreed to adopt a system of prepayment, Dut) — Fyis TTonor then read, and aebmitted his proposed amend- | ™y be found to involve. 1 cowld do so just now, but my doing | ever sanctioned, or au'horised the publicetion, in the Island , ‘ , ander

} 7 ie we , late assi er 2 estab- | > hy . “I . of the last Session, was sent Eume. no answer, so far as was |‘ Measure which they contemplated a. wee the estab- | mont, or addition to the Addresa, as follows :-— |So would be out of piece, and a following up of the error wig or any other paper, of any euch statements as th known to their Honors aad the public, had been made to lishment of the systew was nothing like the mesure for the ie Wehthentealtidemanel ; 3p en {i hich his Honor has fallen, and could tend only to our mis- | his Honor Mr Diag well had feik conte 8 as those of which ener am ata ee 7 ’ a om one | same purpose last year, which repealed the Section of the | ~ uilst the segs ative Couneit will use all diligence in | lading one anovher. [ now metly submit to your Honors) Hon. Col. Swapry Weil if ot en ut 2 eo xX 8 s 0BS ‘ ° . , ' ee + bie’ . a ; : 7 + ol, — intimat! h: * Her Majesty had b ie j eons Post Office Act, by which the Government is forbidden to the faithfal discharge of their constitutional duties, they) whether the question should not be taken ap upon tts own | the Government, and if aaa intimation, that er Majesty had deen pleased to receive nt |owe, Dot only to themselves but to your Excellency and to | merttte. ;

y \ 0 Y j i ¢ j al wo 1 Y 1 j 1 it " nt oe absolutely establish for them a directly reverse post. forward it to the Colonial Office; and thus és may be not an et to their oe oe of bok ie ts to Her Majes: * | tion, ;

—_- SNe

werner eee LEGISLATIVE COUNCIL. SP)RIT OF THE DEBATE ON THE HON. COL. SWABEY'S PROPOSED ADDITION TO THE ADDRESS.

Tuesvay, February 21, 1860. Hon. Mr. Waker in the Chair.

Hon. Col. Swapey rose and said, that, agreeably to the notice which, that none of their Honors might be taken by surprise, he had yesterday given, te was on his legs for the purpose of moving an amendment to the Address. He was persuaded that many of their Honors, 23 well as himself, were painfully sensib'e of the unenvia'Je, nay, the humilia- ting position in which they were placed be‘ore the public, not only in consequence of the vituperative harangues which, during the last Session of the Legislature, were elsewhere directed against them ; but also through the, a!most weekly, abusive and detractive articles, levelled against them, in the columns of that newspaper, which the whole publie ander- stand to be the orgun of the existing Government. and which, moreover, it is gener» !ly understood, if not positively known, is edited by one of the chef offic rs of the Governm«nt ;

: ul i thi 1 do not forget what his Honor has said concerning | have leaked out. none te any! Wah inched thep.aeues

it graciously.” Council presumed to forward an Address to Her Majesty, so much at least would have been just!y expected. How much more then when a body of gentlemen, like ther Honors holding Her Ms jesty's Comar'ssions, had unitedly forwarde ! au Address, setting “orth the anomalous and degrading posi- tion in which they were placed throug the want of a mani fastation of due courtesy and respect towards them by the CGovernmeat of the Colony, should such an acknowledgment, if nothing more, have been made on behalf of Her Majesty ; | and if made, and rece ved by His Excellency, been made | publie at once! These facts, were, by himself, and by the major ty of their Honors, he believed, felt to be of a very embarras-ing character, demanding an explanation or eluci- dation which could be derived from one quarter only ; sud, as the occasion of presen'ing an Address to His Excelleney, in answer to his Speech, was the first opportunity which bad presented itself, it behoved their Honors to avail them-elves of it, for the purpose of respectfally requesting such exp!a- nation or elucidation at the hands ef His Excellency. By the disparaging commieuts upon their publie characters, and insulting want of courtesy with which they bad becn treated, they had, he weuld .ot say been degraded—for by nothing | but unprincipled or ungeatlemanly couduet could they be degrutted in their publie position—-but, if not thereby de- graded in the public estimation, as it was certainly inteaded thy shou'd be, there eould not but be excited-in the breasts of their Honors a very painful feeling of just indignation. | What! were they calmly to submit to have it b'azoned a>road in the Government print and distinctly and public'y set forth, by the President of the Executive Council, as he Jately did, in his Address to the coustituency of Charlotte-

e ® ; tna} , town. ye ee : : 1. ; # “tr ' ; : : ae the threat, that he hp, : — submit to be cou threatr, publicly held out, on the independence of this Couns | dim‘nished zeal and to the best of their abilities, and so to a dan thetr part,to injute the independence and efficiu- years to settle the land question, and the present Govern- ‘ trolled and directed, in all their legislative deliberations and ' Pe ccaenemanan dulniiied’ tal tay Guten dedanee {conduct theaselves that your Excelleney shal neither find “Y ‘ iheir body, Her Maj sy’s Legislative Council wii} cominue) ment, having been only a yeur in office, are eurely entitled , reso! ves, by the Government, or the Goverur.ent majority oti, as mere newspaper reports ; tor hey derived an au ~ \ them deficient in their performance, or-carciess in-the main-| to perform their cons ututtonal dunes witn audiminished zeal, to a reasonable time to earry out their Salta I - sed ot i in the Lower House, forfeiting every trait and characteristic from their simultaneous publication, in the same number, of | 1 ach ekatleeeetihl amma aie ache ddal ‘and to the beat of their abitities, ard so conduct themseives| -vhat fell from the hon. member (Mr he: < Fhe: + at 2 q of independent geo'lemen ; or be overwhelmed, cr avnihi- |the Address to his late constituents of the Leader of the, rs leve to have b oe u a Sa to fill t tl f ; of heir hat your Excellency shill neither find thei deficient im their) sion, if Escheat will not be allowed, we Shae aw ae i

. ue. ' i . ‘ ‘ ee gi 6 orivileve uve ae: z > ; IY the ay 2} > ’ : i

lated! Should the intentions of the existing local Govern Government—now a member of this Heuse—in which, if in- | r ; . _" tao : seg on 40 Jy tie favor of their performance, or careless 1a the maintenance of the constitutional | ext best course ia our power : P ! Poe t Xi g loc c > as aoa most cracivus Severeigr. | positi rr / ' y v , t Jeed no threat is directly held out, yet it is made known that | eit eet a position which it 18 their hgh privilege to have deen calied on) = Hon. Mr. THORNTON —Mr. Chairman, I intend to aup- ;

ment, with respect to them, be carried into effect, in what they, doubtlessly would esteem their mildest and most in- dulgent character, Her Majesty's Legislative Council of Prince Edward Island would be reduced to a mere Office of Reeord, and be shor. of every particle of indeperdent power of legislative deliberation or action. To such humiliation, to such degradation, he would never consent to submit ; and, with him, in such determination, he thought, the great ma- jority, if not the whole body, of their Honors, would coneur In the Journal of the House of Assemb'y of the last Sess'on, | they were spoken of in language as derogatory as could, by the most severe an! tyrannical pedagogue, be addressed to a parcel of refractory school boys; aud every thing diseredi- table to their public character was ascribed to them. — Ln evidence of the truthfulness of the latter statement, he would, he eaid, read a portion of the Address of the House

of Assembly, last Session, to Her Majesty the Queen, which |

Address was said io bein answer to the Address of the Legis!a‘ive Council, to Fler Majesty. as follows :~-

* We would also assure Your Majesty, that the Legisla- “ tive Couueil, as at present constituted, alchough containing “a few persons respectable in their stations in life, is not * composed of individuals whose education and intelligence ‘at all fit them to diseharge the onerous and importaut ‘+ duties of their position; aud, consequently, they do not “ possess the confidence or respect of the people.” [Lf,

here, interpolated his Honor, ‘the people were appealed

to, [ fancy it would be foan! that the major portion of this House does possess the confilence of the people’) “ But, on the contrary, by far the greater nu:nber have been nowi- nated to their seats during tue last few years in consequence of the well-known facility with which their opinions could

be moulicd to met the views of the Leader of the late Go--

vernment ; and that the reconstruction of that body is ab:o- lutely vecessary, to remove the obstruction which, as at present constituted, they are realy to raise up ayainst measures prepare! by the Assembly for retrieving the Colony from the difficulties and embarrassments into which it bas been thrown. The House cf Assembly beg leave to repre- sent to Your Majesty, that, from the fact of so greata ma- jority of the Legislative Council being politically opposed to the present Gove: nment, it is in vaiv to louk for its sapport in forwarding any measure whieh the Louse of As embly may deeuy necessary to promote the interests or to foster and develop the resources of the Colony ; under there circum- stances, and as the only remaining alternative, to prevent the future introduetion of strong party feelings into the ele- ments of the Legislative Council, and in accordance with the alinost unanimous wishes of the several constituencies, as declared at the late general e'ection. the House of Assembly have agreed to a Bill to render the Legislative Council Klec- tive; the principle of this Bill was adopted by a majority of twenty-three to two, and was finally agreed to, in all its details, by a m jority of seventeen to nine. The House of Assembly, however, despairing of its receiving the assent of the Legislative Council, as at present constituted, have ordered the Bill to be published for general information. And they now humbly pray, that Your Majesty will be graciously please 1 to authorize your Representative in this Colony so to reconstruct the Legislative Council, previous to the next Session of the Legislature, that its political pre- judiees may not continue to obstruct the efforts of the House of Assembly in perfecting those measures which, in their opinion, are beet calculated to uphold the institutions aud promote the wel ‘are of the inhabitants of the Colony.” Here, said his Honor, resuming the thread o! his remarks, their Honors were, agiin and again, represented as obstruct- ing. as having obstructed, and as being minded to obstract in future every measure which the Government or the Hou-e of Assembly wight devise or originate for the progressive Well-being and prosperity of the Co'ony. No caluamy, he Maintained, was ever wore unfounded, no aspersion ever more groundless than the charges set forth, in that Address, against the Ley slative Council; and he defied any man or bu ly of men by instance to prove that, in any particuar, they were base! upon fucte. As to their having obstructed any measure for public good, sent up to them by the House of Assembly, where was the proof of their ever having done so? The evivenge afforded by the Records of the House

Had only one intividusl of the Legislative |

His Vonor thea read |

order prepayment ; and so left it open to any Govername ‘0 fine parties who did not follow their orders, in that respect, to the amount cof £500. What he wags a party to wasa system by which a preference would be given to those who prepaid, as recommended by the Postmaster General in New Brunswick, of whose plan he was in possession, So far ii would be seen, that, with the exception of this propos measure, with respect to which, as well as all other measures, they were, when no longer a Government, at liberty to act aceording to the dictates of their own private judgments, that section of the Council with which he, in general, acted and himself had offered no obstruction to the progress of the Bills sent up to them by the House of Assembly. But be he wos doing wrong in seeking by any explanation, to exeul- pate their Honors from the calumnies and aspersions which their oppencnts had cast upon them; for so to enter upon their defeace would be io acknowledye an accounta vility, on their part, to others, for their public actions, Such an accountability was by no meaus due from them, and were they, as if in dvead of the whip with which they were threat- ened, to volunteer explanations of and reasons for their public acts, such a course would be voluntary degradation and posi- tive abdication of their independent legislative powers. He

would, therefore, pursue such a course, no longer; but he would, with due moderation, be trusted, and with such a

delicate regard for the feelings of others as, he believed, he

was generally infl enced by in debate, even when it ran the

highest, advert to what had, with respect to the reconstrne-

tion or annihilation of the Lexi.'a'ive Council, proceeded

from a more reliable source anda higher authority than that

0" a newspaper ed t.r; he alluded to the Address of the Hoo.

Leader of the Government to the constituency of Cuarlottc | That Address rendered it impossible to regard the |

His Excellency has power to reconstruct this C« uncil. The

Islander wewspaper, in which he (Hon. Col. Swabey) had fin the forms and proceedings of dus House as Tannin those |

had so frequenily the honor to be well abused, was eJtited it was generally understood, by one of the chief officers of the Government. For the abuse the:ein lavished upon hin - self, (Hon. Col. Swabey.) he, in ope view, could only feel profound contempt ; but when he reflected that that abuse

the country, to represeut respectfully that the tone of dis- paragement in which they were constantly spoken of in the House of Assembly during the last Session of the Legisla- ‘ture, has rendered their position one of extreme difficulty ; /and when, in addition, they recognise in the public Jeurnals,

j

ed Written in support of the Government, not only constant | Address of this Connei', As to my own Address to my late

certain articles, which, from time to time, have appeared in the | Islander, which piper he 1s pieased to style “the organ of the. Government. Respect ng these articles, [ will only observe |

that, with how much asperity soever they may have been writ-/ tion which we hav

ten, they, as was the case with respect to the counter Address | of the House of Assembly, were provoked by the spirit of the |

Hon, Mr. tiorcuinson —Ulis Honor Col, Swabey, in hie proposed amendment. or addition, to the “Address, has expressed the opinions of the majorty of tins Connell; but the indigrva- emetat the hands of the Government—at ‘he insults directed against us by the Government party inthe

House of Assembly—and at the ebuse heaped upon us by the Government press, is much greater than it would be evsy for

| attacks upon their public character, but a representation to | constitnents, | shall be prepared at the proper time to vindicate | us to fiud words to express.

‘the efeet that your Excellency is im possession of instructions |

‘of a nature which will prevent their obstruction of the public business which representation has derived a degree of authen- ‘ticity from the simultancous address of the President of your | Exce!lency’s Executive Council to his late constituents, they | cannot exter on their Legislatve duties without expressing i their eonvie ion that their couduct has been misrepresented ‘to Ler Majesty’s Colonial Minister, and that they lie under /a threat highly injur ous to the eonstitutional and indepen- ident exercise of those powers with which they have been | entrusted by their most gracious Sowereign.

| © They farther deem it to be their duty to observe, that,

| whilst the memers of the Legislative Councils in the three |

other North American Dependeacies of the Crown receive, ‘every Session, remuneration for their travelli:g and atten- lance on the Legislature, the House of Assembly of this Island has failed to renew the Act by which this practice was

extended to then; notwithstanding that, they have not!

failed to appropriate for their own services, and in add'tion to their dsbursewent and coutingent account, the sum of £1532 4s. Gd. out of a revenue of only £33,202, ‘Notwith-t nling, however, these palpable attempts, totally unprovoked on ther part. to injure the independence and ficiency of their body, Her Majesty's Legislative Council will continue to perform their constitutional duties with un-

| Hon. Me, Panwer.—Lam, perhaps. not as thoroughly pore! fof the other y ther fore sowe of the observations which | may linake on the Resolution, of proposed addition to the Address, which has just been submitied by Hos Honor, Col. Swahey. nay be considered out of place. That proposed amendment or laddition calls not im question a single sentence either of the

| Speech or of the Address, [tseems to be merely a paragraph

what [ have there stated. But this document of his Honor’s, |

were it adopted by the louse, and cons'ra'ed a part of the Swabey be requested to withdraw | is answer to His Excellency’s Speech, would certainly render|to be pnt, his Honor consented to withdraw it:

The m tion of his Honor the President, that his Honor Cal. amendment, being about And, on

em up ny y t ui Sy ’ y p b e. In mo f mo ! > th Hi h b > h » s re } 7 idic ! sus if not thoroug il contempt | notlon o his ul Hor he I resident, e oure avinog een the fi st place > th re i8 tmaniles >’ by it, 4 rill ve ined the Address t da ' » ere f sted t i] unworthy an r@st , ‘ was reporied agreed %, wih one amend

} j

eager deceive to pry into matters which, for a time, it 18 the | ¢ , duty of the Governay nt to keep within their own knowledge. | Then it betrays a most abject fear of the powers with which | the Government is imvested ; and Would represent the + Honor- | jas delinquent children, who, having, by their father, been | ev eed in sowe brevet of propriety er geod av rails, and dread- | tug the punishment due to their offence, in depreeatory attitude, | nold up their hands, aud, in all the earnestness of fear, cry ou ** () papa, papa, forgive us this time, and we wil} be good boys, snd never do so any more!’ Yes, the document evidences the intens ty of fear; and were your Honors ‘o adopt it, you} would place yourselves in a position most humiliating indeed. | cs Honor, it is well known, wields the pen of a ready writer 3 | and it woud not be an excess of charity t» suppose tha’, in| drawing up the cecument which he has jasi submited, his | judgment lagged behind his pen This, however, is quite | jclear that he feels something like the sword of Damoctes is | banging over his head, and, by timely retreat from his danger | | ous position, he serks to avuid the death wound which us fal) | jinivht anfler. Hos Honor (Mr. Palmer) thea taking up the | proposed addrtion to the Address, r ad the concluding passage | jof at, as follews : |

j

| ** Notwithstending, however, these pa!pable attempts, totally

to fill by the favor of their most gracious Suvereign.”’

} :

If it be thoncht desirable that the Address of the House of | Assembly. last Session, to Her Majesty, should be taken into | ; consideration by this Counci!, let there be a cal! of the House | | for that purpose ; but let us not hold ourselves up to the scorn | jaf the world by supplicating Ils Ex-eilepcy, in the manner | | Proposed by the Hon. Col, Swabey—a manner which would be |

|positively highly derogatory to us. His Honor Co!. Swabey, 1

had caused a certain pamphlet of his to be eagerly sought lor a proposition, embodying the sentiments o! the Ion. Col. | seems to m>, is orgug his enquiry with a rashness and reck- |

afier, and read by the people, he felt that he lay under great obligations to the editor, whoever he might be, for hav ng bestowed it upon him. lis Honor then took up a number of the Islander and read from it a part of the Address of the Hon. Eiward Palmer, to the Electors of Charlottetown and Royalty, commenting thereoa as he proceeded — The hon. gentleman, said his }!onor, commenced his Address by giving his reasous for having resigned his seat iu the House of Assembly.

“ His Excellency the Licut. Governor,” he said, “ has lately been invested with power from the Imperial Govern- ‘ment to make an essential alteration in the constitution of ‘the Legislative Council. ‘This will necessarily be fullowed by the appointment of several new members; and the diffi- culty, and, at the same time, the necessity, of obtaining one or more geutlemen of legislative experience, in filling these situations, has induced His Kxcelleny to intimate bis inten- tion of offerins mea seat there.”

Instead, said h's Honor, of being annoyed by Nis Excel- leney’s having placed the hon. gentleman in the Legislutive Council, [, on the contrary, feel highly obliged to His Kx- celleney for having done so. We shall now no longer be doomed to embarrassing conjectures, as to whether the mea- sures sent up to us are, or are vot, Governmeut measures, and uncertain as to whether in our legislative action thereon “we are opposing or sustaining the views cf the Administra- ition; for now having, in the Council, a member of the Go- 'vernment, we can, at all times, through him, ascertain 'which are, and which are not, ministerial measures ; and ithis knowledge, on our part, may, sometimes, operate ‘favour of the Government, since, as for myself (and others ‘may be similarly constituted) my bias of mind is such thit L would rather vote for a Government measure, than oppo-e it. But to return to the Eon. Mr. Palmee’s Address, let us con- sider with what we are therein threaten.d. What is it? With “an essential alteration in the constitution of this Council.”* That is, unless we shall, like a parce! of schoo! boys who are in every thing cortro!led and directed by their master, submit to be controlled and directed by the Guvern- ment or the Government majority in the [louse of Assembly, we shall not be allowed to continue members of this House. L wish to awaken your Honors to a due sense of the imsults whieb, by such threats, are given to you. In calmly and unresistiogly submitting to them, are we placins ow selves ‘in such a position, as it becomes the Second Branch of the Legislature of the Colony to occupy? Noinleed! On the contrary, our duty to the Crown, our duty to ourselves, and

‘our duty to the people, demand that we should claim for | ‘ourselves and our legislative labours thaterespect and consi- | deration, to which, as our putlic acts have ever tende! to | the promotion of the best interests of the people we and gur |

‘lubours are so justly entitled. For my own part rather than ‘remain a member of this Council under the threatswhieh ate | directed against us, [ would Jeave it at once, It may, per- jhaps, nay, L suppose, it will, soon be said that such a remou- 'strance as that contained in the amendment or addition to the Address which [am about to propose, cannot, consistently with parliamentary usage, form any part thereof; but I ‘maintain that, in the painfully embarrassing position In -wh'ch. by the threats held out against us, we are placed, we onght uot to be restrained, by au over regard, 09 this o¢ca- siow, fur a restrictive parliamentary usage. It is not usual to send dowu despatches to either House of the Legislatare ‘until after Addresses have been presented by thei In an-wer ‘to the opening Speech ; and therefore, fir the pre-ent, from ‘such a source we cannot expect to derive any informat'oa \doncerving the determinatiou with which we are s0 anxtous to beeume acquainted, The only course, it appears to me, which is open for us to pursue, is to luy a remonstrance, as [am now about to propose, before His Excellency the Lieut. | Governor, who, in course of bis official correspondence, will

| Swabey respecting a crriatn Address to [ler Majesty the | Queen, to which this Council agreed last Session. Hs Honor |: as thought proper to find great fault with the Government for

net having sent down the Despatch which he presumes hus been

received by this Exceileney relatiwe to that Address, without |

knowing whether or not any sneh Despa'ch has been received jhy His Exce:h ney, and although he well knows that the ume is Mut yet arrived when, according ‘o pariismentary usages,

| Despatches are laid before either of the Liouses of the Legis- |

j lature ; and although be wust be perfectly aware that the time is at hand, after the delivery of the Address, when it will be ‘competent for bim to move an Address to His Excellency, ‘praying that any Despatch or Despatches which, he may think | have been rece:ved, and are withheld, and with which at con- /cerns this Connci!, in thetr Legislative capaci y, to be made lacquamnted, my be sent down. Such compleints, on this | score, as have just been made by Uis Honore ceriam’y dis- | poraging to his parhamenutary experience. The proposed ad | dition to tne Address, submit: d by his Honor, has reference to laothing but the Address of this Council, last Sessien, to He- | Majesty the Queen ; and, first and foremes’, | wil undertake to shew that ip all his complaiats, con) -c ures and suppositions, coneerning that Address, he has been most egregious!y astray It is true that the other bran h of the Legisiature, on becoming jaequaiuted with that Address, did think prover to meet it by a ‘coun er Address to Her Majesty 5 but itis not at ali key that /any such Address would have proceeded from that branch, had they not been inperatively called upon to make it by a con- | sideration of thar which had been previously agreed te by this | Council. We know that the Addresses wert home. and we have

}a might to expect answers to them ; bat has the time arrived for

‘the communicating to the Legislatare the answers which, I ‘admit it may fairly be presumed hive been recewed? I say it

in | has wot; and your Honors amst all know, as well as I, that | ing the honer to hold that position in this Houve, now tise to

| has not. That the first duty of this, as well as of the other

i Excelleney, the Lacut. Goveraor’s opening speech is what uo gentieman here can deny. Assuming, althoagh at this moment

to the Address of this C-une:l has been received by His Ex lency, to whom, T should like to know, could that answer have been comnunicated before the meeting of the Legislature ? Did Gis flonor expeet that it would be forwarded to him, at his private residence? He did nv. He knows that w can only with propriety, be communicated to this House m Session,

tun of certain insugoral proceedings of the Session, the House sitnll be prepared toenter upon the despatch of general business All Despatches with which it concerns the Legislature to be made acquaimed, will, Lean safely assure His tlonor be sen down to it in due time. ff he shall thok that any such Des-

patch, as taat concert ing the Address of this Counce) to er |

Majesty the Queen, last Session, or any other ts wrhheld, he very well knows by what mode toapply for it; and also, if that legitimate mode should fait, by what other means to procure redress. For your Honors to agree :o spy Resolution, or pro- position, censaring the Goverment for not having dune thar, jwhich, had they done it, would have been a departure from a

limoat distinctly established executive and parliimentary role and precedent, would be nothing fess than a stultifying of your- selves. [f there is a Despatch concerning, or in answer to the Address. J hink J may, venture to say that m will be laid before this Coune:! within a short, bet reasonable period from the

resenttime, or at least so soon as your ffonors shall have Baty embarked in the business of the Session — His Honor has Said that certain words in the paragraph of the Addvess which congratulates His Excellency »pon the anspietous circumstan- ces under which he has opened Ms first Parliament, might have beén introduced for the purpose of entrapping those mem ers of this Counc: wha had supported the Council's Address of last Session to Per Majesty. Such may be this Honor’s opy-

the words which, by the determination of the House, have been expunged, feace and prosperity are around the people ; Rnd they are in the full enjoyment of every civil and religions privilege. Are there not, then, ample room and reason for cn

the Colony? But should his Hovor succeed in earrymg his present most anedastitational motion for an addition of extrane- ous matter to the Address, then indeed may it be truly said he has entrapped the House, and made them ridiculous. Should

and that it cannot be so communicated until, afier the conple- | ducument.

mon, alfhongh Tn ainta n that facts fully warranied the use of |

gratelaung His Execetiency on the present social conditicn of

ilessness of consequences by no means flatiering to his judg | meni and expenence of public hfe. His determined persever- | ance therein recalls tomy mind an anecdote of the Crimean

war, which for his Honor’s instruction and benetit, { will now | relate. A portion of the British fleet, under the command of

Admiral Lyons, inthe Black Sea, was employed in sounding

the shoals, preparatory toa meditated bombard nent of Cron-

jsiadt; and, the Admiral aware that, with a view to the des-

truction of tis ships, the enemy’had sunk, in the shoals, a | nuaber of ** infernal machines,’’? had directed the boats’ crews | employed in sounding, to attempt, by certain means, to ratse as | many of these machines as possible. A boat's crew raised one. | which was taken on board the Adwiral’s snip. He (the Admiral) | Was most curious to know in what part of the machine the | |seeret of us explosive power was concealed; and having a

‘small hammer in his hand, he weat round and rocod the | ‘machine, knapping it here and there as he proceeded, until at length, hitting the exact spot in which the danger lay, by an justimtaneous explosion, the machine was torn in pieces, killing several of those who stood around the Admiral, and knocking out one of his own eyes. Let bis Honor, (Col. Swabey,) [ siy, jtake heed and beware. lest in blindly prosecuting the enquiry, which he is now so eagerly pressing, bis fate way be like that ‘of the unfortuna'e Admiral. 1 sha!) not now say any thing /more on this sabject ; bat the tne will come when | sha!! have /an opportunity of entering upon it at large,in al! its parucaiers, \taking up also, and answering, his Honor’s comip!aint touching ihe expendnare of the other House, and the refuse) of a re- }munerative Sessional allowauce to the individual members of | | this Council.

| His Honor the Paxsipent.—Whena question of form arises, \i will necessarily be referred to the President, in whem con-

i

'stiimionally is vested the power to decide ut ; | therefore, hav-

|

'y ve my views concerning the proposed addi'ten to our Address.

| Howse, atthe commencement of a Session, is to answer iis) My opimon, then, is thie: The Address—1 speak on the |

authority of May on Parliamen'—mast atwars be an ecto to! the Speech ; or, at least, must not touch upon any subject which |