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s v, [Vol-VII- - CHARLOTTEfigyVN; SATURDAY. MARCH 23, i844. ‘ [No. 35:. . i "is s- . I #1

PROVINCIAL PARLIAMENT.

., HOUSE or ASSEMBLY, Muted ’2. rON THE SENDING or THE moors TO THE EAST POINT

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lion. Mr. PALHER, by command of his Excellency, laid before ithe house several documents relative to this matter, (as moved “or on ‘1 mm“ (in? by We h°“- member. Mr- D. Macdoiiald,) and when moved their committal to the committee on puiilic accounts, - The house, on motion of the chairman, Mr. Longworth, then v unsolved itself into a con‘mittee of the whole on said accounts,

Subsequent to the_ readingof the several affidavits by the chairman, a pause of considerable length ensued, when -"t ion. Conrail rose, and said, he hoped some notice would be

» lttakenofthe subject; for his part, he expected these documents

“would have brought to light some justification. Something very whorrible might have been expected to have happened to Justify «the employment ofthe military in this instance; but these papers .-go no farther than to shew, that such was uncalled for; that the Sheriff could have done all that was needed; and he hoped the runjustifiableness of the steps adopted would not pass unnoticed."

As to the affidavit of Mr. Macguite, that was insignificant, and

rtheaotlhers were a mere repetition of his evidence.

Mr. COLES said, no one could forget the appearance of Mr. 'Macgowan, the Sheriff, when he arrived here to give the infor- mation, relative to the riotous assembling of the people; whose conduct and violent threats, it was very apparent, had made great impressions upon him, so much so, that he would have been glad to embrace a mere trifle for 1 his property. In conse- quence, some hon. members may contend the civil force should have beet.) first tried; on the other hand, the Sheriff had declared it was impossible to get the aid and assistance of any ofthe in- habitants in that; locality. These. said the hon. member are _grave reasons; yet, I cannot refrain from stating my opinion to .be, that other means should have been attempted, previous to dim military being called out ; though he would not deny'that it was the duty of the representatives of the people, to uphold the flaws and protect the peace. I

The Hon. Sraxxax reminded hon.~menibers that it was in King’s county where this mob was collected. Had it been in .other parts ot the Island, the probability was that the ciVil force would have been amply sufficient; but it could not be forgotten, ithat that had, upon two former occasions, been tried and found (completely insufficient. The Sheriff. upon one occasion, was‘ surrounded by four or five hundred persons, who, with the most :gross and brutal threats, had set him and the laws at defiance ; had mutilated his horse. stoned himself, and obliged him to flee ifor his life. Can it be supposed, or expected that oflicers will truti into danger, whereby theirJiies might be sacrificed? Yet the,,(the Speaker). doubted not/[but the civil force would have sheen first employed, had it not been for a letter from the spot,

'delivered by a member of this house at the very moment the iEillecutive council were deliberating on what course to pursue. fl‘hc most violent threats Were held out, even to the shedding of lblood; and it bore the signatures of three persons. I ask then. said the' (hoti. Speaker), if the lives and property of the peaceful isubjects of her MajeSty are to be jeopardized. and the Executive tremain inactive, and look tamely on, because a. little expense will be the consequence of action? Is it not of frequent occur- rence in other countries ?‘ Do we not read of the military force thawing been called out to prevent unlawful assemblies of the tpeople‘in the olduiuniry, even where Violence was not expected?

LBut in this case, strong grounds existed for believing that the “adieu-Wet would be.defe_atetl. We might now have been de-

lploring the loss of human life, then what would have been said

inf-the Executive? Why, sir, that they ought to have acted With

:greatei' cautioti,knowing how ineffectual milder measures had been

«mitwo fprmer occurrences in that county. Instead of censoring

1thelExecutive, as some hon members had done, he (the Speaker),

.was of opinion that that body was entitled to, and deserved the

4hanks of the whole community, for the caution anti determina-

dion they had displayed in preserving the public peace and upholding the supremacy ofthe laws. . ‘

.fllr. Dousr. was of opinion, that if the military had been sent, tyears ago, to that part of the Island, much good would have been effected; it would have taught lh0>€ lawless people, that the law, and rights of property were alike-invioluble. He much tregretted that the people iii that quarter had been tutored by an

rhon. member to disrespect both; they have too long adopted his advice, which has been unfortunate fur their peace and prosperi- nttz. , He thought no blame should be attpched to the government; and if'thei‘e was any, it was their not having Come to an earlier «determination to suppress those illegal proceedings. However, ‘the effect now produced has been ofthe most salutary kind. My .constiiuenis, continued the hon. member. have too much _good sense to join in its condemnation ; but they'loutlly complain in shaving to help to pay the expense—and think that those who :were the cause should pay it——-and be fully agreed With them

ill was a hardship that one county should be taxed to keep down (the lawless actions of another. What has been the conduct of unany persons for many years in that quarter? Who have been «deluded by bad advice towards their landlords? He Would in- ~stance the Messrs. Stewart, who have been caltimniated by their itenantry in the highest degree. What have they and their agents ireceivcd from them in return for all the inconveniences and (troubles of lawsuits? The reply was short—it is ingratitude; .and yet these gentlemen proved themselves to be of the most iliberal class of landlords in the colony. Courts of law were :abused, its ofiicers obstwcted. and for years repeated refusals to «come to any terms whatever for the future holdings of their .tenantry. However, said the hon. member, he now trusted that «those persons have been made senSible of their errors—they would in future act more consistent, and not be the means of

(obligirig the Executive to impose obedience to the laws by a

military force. ,

Mr. D. Macooxau) said, the whole of the grounds whereon the Executive had determined to send the military force was the affidavit of that vagabond Macguire; the others were a mere echo of his statements. The hon. member denied any knowledge of the copterits of the letter alluded to by the hon. Speaker, further than that he‘(Mr. Macdonald), was given to understand it was a petition to his Excellency; and had the hon. Speaker :at any time expressed his wish to know the’particulars, he would mot have withheld it from him.

Mr. Cooran added his statement to‘that of the hon. member, Irespecting the threatening letter, as neither the hon. member nor rthe bearer of it knew its contents. The evidence ofthis Mac-

.guire goes to prove, that the people collected around his premises

‘ imeditated no violence, from the fact of the indindual himself

‘ ‘ (1 them away. haflgfiégrgtgtfigremv assured the house the statement of the-hon. member (Mr. D. M’acdonald) was strictly correct, as be (Mr. ~ Montgomery), was present when the letter was delivered. 'fi d

Mr. Yno contended that the overnrneut were perfectly justi e ,in the decision they had co e to; it could not be denied that very great excitement existed, caused by the “mom rePom ithen in circulation. .

,tMr. Macmzrosn disputed the accuracy of the affidavit or‘ Mac; guire, as several names therein sworn to as being Preamp $3; .ii'ot the truth; and that of Mr- Macgowan, was a Pale 0 5 -

Mr. D. Macaw "was sorry to hear—the hon. Speaker .3556" 1hat it was legal to employ the regular troops in the .colot‘ites, to suppress riot and to support the laws, upon which. subiiect, he seemed to .be ill informed. In Britain, peculiar aws

.exist to authorise the magistrates to call for military aid, :hut in the colonies the commanding oflicer must, 1° 3- 09" .tain extent, exercise his discretion on receivtng; an Order from the civil authorities. To elucrdate his meaning, he W02” suppreIHalifax'to be disaffected, and the magistrates were '0 partake of the general feeling, they might, on some pretence or other, orderlthe fI‘OOPS’from-mfadel hill, and take possesstono aha fortress. This is. not a vtSionary or improbable case, the the samehavirtg actually occurred a few‘years since in the 'fortified city of Quebec, and the unforttfied city of Montreal, and .,the military officers in each ‘case very‘fortnnately possessed the good sense of disobeying the orders. Martial law "I England Would be tantamount‘to civil war, that revolution; but it is_far Mherwisein thecolonies; there, if thectvd pewer‘be insuffictent

f letter alluded. to, as

to maintain the peace, it becomes the duty of the Governor, by and _wnh the advice of his council, to place the colony under martial law. Many cases, said the hon. member fell within his own knowledge, wherein the military acted upon their own responsibility. He was present at an aflnir in the West Indies, when the civil force was overpowered, and still the officer corn- manding the 93d regiment would not allow his soldiers to sup- port thetn, although diawn up. and the Governor promptly placed the country under martial law. In 1832, long before-any rebel- lion was dreamed of in Canada. during an election riot in Mon- Heal, which was believed to endanger the peace of the city, 001. Macintosh, commanding the 15th regiment, drew his men up in the square, thinking he was perfectly safe in doing so, as he had then written orders in his pocket, from magistrates: the military were attacked with a shower of stones, dun, they fired. and three lives werelost; Colonel Macintosh was arraigned for murder, and only escaped condemnation by an accident in sntnittoning the jury !. England is too proud and wealthy to wish or expect the colonies to pay any expence connected with the movements other troops. In Canada, be (Mr. Maclean), well knew that not only the regulars, but all the expences of the volunteers, had been defrayed by the military chest; and if the commissariat officer here had been acting in the strict line of his duty, all expences would be charged in his accounts to head quarters.

But it happened he had overstepped his duty in permitting him‘ '

sell to be made an agent in the matter. He (Mr. D. Maclean), recollected a strong case in point. It must be familiar to many, that when the insurrection broke out in Lower Canada, in 1837, the troops‘were all withdrawn from Upper Canada, in order to suppress it, but a commissariat officer was left behind in the caPllfll; the disaffected, taking advantage of the absence of the military, assaulted the colony with insurrection from within, and tnvasxon from Without. In this emergency, the Lieutenant Governor ordered, or requested. the commissariat officer to fetid the aSSistance of his office to the presqvation ofthe city. Cer- lamlyi if it be possible to conceive a case' where such assistance WOUId be justifiable. it was that one. But it did not avail the officer; Commissariat General Routh suspended him from his office. and in the published matter between the two, it was clear- ly laid down by comittissary Rouih, that no officer in his depart- ment can receive an order from any colonial authority. It was therefore the duty of the commissariat oflicer here, to have re— ceived his orders through the officer of the regiment stationed here ; and, as a matter of course, to charge his disbursements against the military chest, instead of covering himself with trea sui‘y warrants. Nothing therefore but a knowledge, that the proceedings have been irregular. can induce the authorities here to apply to this house for payment of the accounts before us. and which he would vote against.

Mr. COOPER said, as he had pteviously expressed himself, he would not detain the house, but at once submit the following resolution—

Rcsalved, That with regard to the information laid before the house, by his Excellency the Lieutenant Governor, as the grounds for sending the military and special constables into King’s county, it does not appear that the Sheriff, John Mac- gowan, Esq., had been at any time interrupted in his duty as Sheriff. ‘

Mr. Ran could not approve of the resolution of the hon. mem- ber, neither would he go so far as to say that the part of the country to which the military were sent. was not in a. high state of agitation; yet he believed the Sheriff had not been opposed. if he had, no doubt such eVIdence would have been forthcoming ;- and he,(l\1r. Rae). thought those who undertook such offices, should exercise the reverse of a timorous‘ disposition in the per- formance of their duty, and thus he Would say, there was but little real cause to warrant the expedition of the military. Is there, said the hon. member, any precedent, in any one of her Majesty’s colonies, where the people were taxed to pay the ex- penses of such a proceeding as this? He knew there was none in Canada. The lumping up together of these expenses, is objectionable in some degree; and the affidavits do not prove that even the appointment of special constables were requtred, from any resistance the Sheriff had met with. He (Mr Rae). viewed the evidence ofthe witness Macguire with considerable suspicion; he tnight have thought to make a joke of it; as his evidence before a committee of this house was atiy thing but straight forward; in fact it was veiy equivocating He was a freeliolder, and then again, he was not a f‘reeholder: the property was his own, and then again, he had not the deeds: he became possessed ofit by what he had done, and thén again, it was not his own, as he had yet more to do, (\tc. 65c. r

Hon. Mr. PALMER said. he regretted as much as any hon. mem- ber of the House. that the country should barre to pay so large a sum for such a purpose. The Executive knew that great expense would attend the course of proceeding they had thought well of to advise. But could it be fairly avoided? Let us not lose Sight altogether ofthe dreadful consequences that might have happened had they been less determined. Let us also take a reView ofother countries, where numberless precedents can be found of a less urgent nature than was this, where the aid of the military was called in. He, (Mr. Palmer.) regretted that the part ofthe colony to which military were ordered, should be in that state to require such a force. But, where. Sir, could it be possible to collect a civil force to meet a mob of two hundred and fifty persons, whose threats were of the most ruthless and violent character? He, (Mr. Palmer.) would give an instance of the state of this particular part of' the colony,which had occurred. in his professional experience: he had been consulted respectingan interruption to a former Sheriff of that county, in the execution of his duty. And I, said the hon. member, first suggested to him that he should have called out the constabulary of the county. But soon was I differently convinced. when be seriously :lold me that they even could not be depended on; more particularly when he further elucidated his siaternent by the assertion, that one constable in reply to his application had. told him: “ You may think, I am honestly assisting you in the day time, bathe- ware of what may be the nature of my assrstance on the coming of night.” Is not this state'of feeling deplorable in the greatest degree? The people are not so guilty, as are those who insti- gate them to resist proceedings of all kinds, when the law is attempted to be enforced. Did these hon. members who talk about a civil force, as being sufficient, forget the opposition and display of force some eight or ten years since, to Mr. Sims, then under Sheriff of the whole Island, while in the execution of his duty? Though a very conSiderate and determined _tnan. was-he not driven away? and when on a second attempt. With the a55ist- ance of the civil force, whom, in his prudence, he concealed while he went forward to reconnoitre; what was the result? Why, that he found 150 men aSsembled to receive him, and 40 ofthem armed with muskets. &c., ready to proceed to any ex- tremes, in opposing the execution of the laws of the colony ; thus was be obliged to give tip the_ attempt. The proprietor at that time, forbore to piessthe Sheriff to do his duty, therefore the Government was not applied to for assistance. I am, Sir, said the hon. member,"authorised‘ to state, thatthe oflicer command- mg the troops on the occasion now under discussmnywas strictly ordered to withhold any interference unless the ci_vil force were forced back. and then only to protect them from violence, while executing their duty as civil officers. It answers the present purpose of certain hon. members, to make rank apcusation? against ihe'character and veracity .of the Witness, M Gum: . deny that such has any foundation in fact; but any one 1w 9 is employed in the protection of Townships lands, or III: col ectiop of rents, immediately becomes a marked man. L’1‘ at is a it: - ficient crime in the eyes ofthe inhabitants of King s County, His character must be black ,ed by the most unfounded an malignant assertions. The Ext! ntive well weighsd the inattter, and were long in deliberating ere they came to the eltermlpéz :p‘: of sending the military tothe disturbed district; ye, w b having been handed to them, by a mem er of this House was read, and found to be couched in the most

‘ ahd daring language of reststance to the laws, What threatening would they have been justified in' deciding “P90. owe? amuse h it is'taken into consideration, the alarming Pamcuhfly w en i d to it had

h an of the country as .here appeare P l-‘le Y, Slate or t a! P b minittcd to oneproprietor, been destroyed? Damage had een_co| M sin or seventy to his knowledge amounting to not less I. n y

pounds, the pmprietor being compelled to procure an extensive re-wg‘yey of the land from which the line stakes were removed by the; factions and unlawful mob. The hon. member, (Mr. D. Miami), had said these expences should be paid out of the mili- in; chest, and not by the country. He, (Mr. Palmer.) wished in ed, it were the case, but that is an erroneousidea. Expenses incprred as these were, nust be borne by the colony. The same hon: member had quoted the expenses incurred by the military during the disturbances in the Canndas. There a whole pro- vince was in open rebellion, which rendered ita question afl'ect- 1 fine interest of the empireat large; not so, a single county of a .' significant Colony. In Canada, these members ofassembly pg. caused the rebellion there, were not likely to put their hands 1 e Provincial revenue to defrq the expenses of it. No, Sir. w ,must not take for our guide those who imbued their hands in th blood oftheir fellow-men, and were traitors and rebels to their ow, country. However, said the hon. member, it may answer the purpose of certain persons, who are so anxious to bring cou- demnation on the government with a view of escaping it them- selves, while they alone are in reality the guilty parties. They it is, who for a_ series of years imposed on the credulity of the people representing amongst other things, that the goveinment had not the printer to send out the military,and thus brought theta to a state of insubordinaiion. Let the public judge when the M proceedings come before them, whether the act was right or, orig. Yes, Sir, by that tribunal, let it be determined, whe- the ,the steps adopted by the government were not indispensa- ble; whether, in fact, Lynch law is to he suffered to be carried into effect, thh impunity, as no doubt would have been the result of the u _, '_ ofa less stringent policy. Let us remember the prompc anner adopted by Sir John Harvey upon amuch less urgent occasion than was this. in this same notorious King’s County; and let it not be forgotten that he received the thanks of Hts Majesty. And be. (Mr. Pulmer,) would fully venture to say, that the policy pursued by the Executive of this colony in this instance, if Her Majesty were appealed to, would readily obtain her approval. '

Mr. Wtonruap expressed the regret he felt at the existence of a cause, whereby so mttch odium was affixed to King’s County, as this deplorable event had given rise to. Very little doubt could be entertained that the alarming state of the district intimidated the Sherifl‘; yet be, (Mr. Wightman,) thought. some demousuation should have been attempted by the civil force, previousto the expedient of a military one being adopted ; as, in hiszopinionfihe former would have been found sufficient to sub- du} the assembled people, and to project the peace. Thus, would this greatexpense to the countiy have. been saved. That the

will, but necessity, to urge him to the acceptance. The King null his Ministers are misinformed, with regard to our situation. but the Colonial Government knew the truth. If the people at the West end of the Island are distressed, and deprived (if their pro- perty, they ought to state their complaints to governmeh, and. pray the roteciion thereof ; if they neglect this they are no iule to us. e made our complaint to the President and Council last year, and again to the Governor this year, and in both cases prayed the Government protection against the Landlord’s distrees, and a trial in behalf of the King for the forfeited lands; man there is no law in the Colony to try such cases, nor rotth in the Government. it is our duty, and constitutional or us to'pro- tect ourselves, but beware, not to become the aggressor. A. Landlord is not authorized to distraiu for Rent without the or some of hit Oflicers, and they are worn to maintain and def“ the rights of the ,Kt'ng. It is therefore your duty to decide upon your oath, that the funds are forfeited to the King, and the claimant has no right to the‘property, the responsibility of the distress is upon the Officers 0. Government, and prevent bloodshed; I am aware that it is n diflicult case for Government to settle where so many have been guilty; but the inhabitants ought not to’ suffer for the guilt of others, and-government will. see the necessity to interfere and institute estiit’able Count. aflord redress for such grievances.” ‘ There, sir, resumed the hon. Speaker. is constitutionallaw for you. The people of King’s county had also been told that the government date not. nor could send the troops from Ch“ lottetqwn ; indeed he had heard members of this house express the some strange opinion. Great was their consternation when a deta2hment of the rifles appeared amongst them. But whl!