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jflyaeirmb’

VOL. 22.

CIIARLOTTETOWN, PRINCE EDWARD ISLAND, TUESDAY, MAY 18, 1852. N0. 1158.

Itytstatiur fltotrrutiigc. HOUSE or ASSEMBLY.

CONDENSED REPORT‘.

WIDNIIDAY March I0. I862.

Ilssaaoe or Mrs l'.xc:i.t.citcx use Ltsur. Govcastos QONCIIICING Mr. MOON ttv's Btr.t.. to consent. I’s.ora.ic- rose to Rscoau Tlllll. 'l‘i'ri.i:a.

The llon. tha COLONIAL SI-1Cll.E'l‘ARY,dolivered the follow- Ing Message froiu His Excellency, the Lieutenant Governor :

M l-:.\.\‘A(:E

A. Bartiteaasarr, Lieutenant Governor.

In the Journal ofthe House of Asseiirbly, ofthe 8th instant, the Lieutenant tiovernnr observes, that " An .-\ct to require Iaindlerils, or Clitiiiiants nl Rent. to put the Title b whiclt they claini, on re- cord, in the proper Ulllcea of ecord in t is Ialniid, was read a third time, pas sent to the Council by Mr. Moons ."

The Lieutenant Governor sees in the volente of Statutes recently tiblished, page 831, that an Act with precisely the sairie 'l‘itle, was issltowed by his Majesty. King Williatn the 4th, in I882.

'l'he Lieutenant Governor would, therefore. refer the House of Assetitbl to their Jnurrials for I85|, Appendix I".) where tltey will lindgn Instruction front Her MttjesYy to the Lieutenant Gover- stor, _which it will be his duty to obey; the Instruction is as follows :

" It is our further will and pleasure, thafynu do not re-enact any Law to which the sssetit of us, or our Royal Prsdecessors, has once been refused, without express leave for that purpose, lirst obtiiined from us. upon ll full representation by you lobe made to us, through one of our Principal Secretaries ol'§tat‘o, of the reasons arid neces- sity for passing such a Law."

Govtgaamsar Iltillll. Marclt l0, I852.

Mr. PAI..\II".R. Iwas not presetit when the Bill passed, orl should have opposed it; and sill tlituk, its principle objectionaltle, and quite coiicur with IIis Excelleticy in his reiisoiis as expressed against it. Neveriln-less. tlte Message in of ii novi-.l chairaicter_; ntiil directly tends to a positive viuluiinii of the privileges of tltis House As long as I have had the hnitnur ofa seat in the seem- bly, Ih:ive never, antil itnw, lttitiwii such it course to be pursued by the lleprt-eeittative ofthe Sovereign. I fully subscribe to tlte ' stnesa of the observations contained in His Exi:ellcttcy‘s Messrige:

til I insist decidedly protul iigiiitiet the time utid timiiticr which he has r-hnsun for their crteitciwiirra. I e is only one lminch of the Lig- gislaiura; and he cannot, withouta positive violation of the privi- Iegeit-If piirliaitieitt, directl ititerposc his opinion concerning any measure is progress through either ofthe uilier two brunc vs. I entertain ell due respect for Ilia Excellency, both in his private rhu- rscter and legislative crtpnr-icy ; but I cannot allow the respect to which he is justly entitled front me in either unit of view, to opt- weigh the obligation under which I lie, to endeavour to preserve in- violate the privileges of parliament. 'I‘he proceeding of llii. liv- cellancy, on the present occasion, is certaitily tnost extrum~.trii'try end unjiistiliable; and I will not allow it to pass without I'et‘.<ittllIIg my protest against it. It is altogether uitprecedcnted. No previous Governor ever presumed directly to ititerpoiio his opinion witliu view of arresting any measure in ngre-s through tlte l.egielulIN¢. Iiowevarintproper and unprstilialile e tnay have deemed it: and if we allow this Message to he entered upon our Journal. We Ihlll thereby be establishing a very dangerous precedent, its ri-spects the privileges ofthe pet-p e 'l‘lte views which His Excellency sitter- tairis concerning the llill to which his Mess-tge refers, are perfectly correct; but the otily proper time to declare them to the Legislature is. when the Bill shall be laid before hint for his sanction. _ iiot iitake these remarks under the influence of any political feeling against His Excellency, who, as the Representaiive_ ofller Majesty, 3. held in as bggh rgspect by it e, as by any other individual of the coiiirituitity; but I iiiaititain it behaves every member pf this House, ‘ f , to rnteat against such un- due iiiterfereitce as U attempt»-d by the present Message of His Ex- ee'leney, and to oppose its being entered upon the Jolmial of the

case.

Ilott. COLONIAL SECRETARY. I imagine Ilia Excellency has sent this Message to the Assembly. influenced by the s_ti posi- tion, on his part, that we riiay not have known. lllfll by the tr-yril Instructions. he is prohibited from givin his assent to the Bill In question, hr.-cnuso ibe'Ro_val Allowance ltss already been refused to it Bill for the same purpose as the present one. I am of opinion, that the only object iif Ilis Excellency, in sending tlits Meseiige, is to apprise us oftlie rcstrictiiiiiii imposed upon hint, by_the. Royal Instructions, with respect to such measures; and to avoid his being obliged to refuse his assent to a Bill passed by the two Ilnuses of the Legislature. The Bill itself is it highly proper and necessary one. It is l Bill which ought to have been passed into ‘ll law long ago; and I can conceive no other reason for its not liaving become law, but the opposiiioii tnade to ii. at lloiiic, liy and on accouirt of, proprietors who have not good and sutiicierti Titles to the lands claimed liy tlietti in this Colony. s _ _

The Hon. the SPEAKER suggested, that the proper time for dis- cussing the rliarncter of the Message, would be, when the Journitls should he read nextday. He himself did not ltceitute to pronounce the Message eltogltcr unconstitutional. As tiaving reference to what he been already done by the House. it was, he said, in its dic- tstorisl character, a work of supererogittiort. It cou.d not then, as tiis Excellency tiiust have known, reverse wlint had been doite by the Assembly with reepccl to the Bill IIII]Il0IIll.llI;dl'l(.IgII|8t'¢IOI’Q, it scented to hiiti, that the only object Ilis Bxcelleitcy could have in view, wits swaying the other House in their action on the Bill; than which, nothing could more unconstitutional. ’l'he o tints, however, or considering the character of the Message, he was bound to say, would be on the reading oi‘ the Jourital on the marrow. ‘I subject matter of the Message would not properly belong to the llouss until then. Before that time, it could be re- garded only as belonging to His Excellent: and his advisers.

Hon. Mr. Ct)I.Es. 'l'he proper tints ortakirtg into considera- tion the Message of His Excellency, is, I rnairitnin. 'I'° rI""°"lt ptid not to-morrow; and in opposition to the opinion, both it the INI- porable the Speaker and the honorable and learned itieniber for Charlottetown, Ialso maintain, that the Message is not unconsti- tuiiunal. His Excellency, by this Message, has shown very great consideration for the House. He saw tltettlie House were proceed- in to use a Bill. to which the Royal Allowance ltad been already

I sd), without having obtained Iler Majesty's periiiission tor the -e-introduction offie measure; and the step taken by Ilis l-.xcel- gncy‘tIl, evidently proceeded from his it 're to put the House nto the proper course, end to eat a nngntory result to their sboars, with respect to tlis Bill in question, which might have been be case, ltad Ilis Excell-may soitlserl his knowledge of‘ the Royal rtnstructitns, as atfectirig it, to his own breast. In cones-quettce of the information conveyed to as, by this Mssngs of his Excellency, eve are placed in a situation to address Her Majesty this Session, on 1|" guirjscr ofthe Bill, setting forth the necessity for its allownitce, Instead having to postpone that step until the next Session of the Legislature, as would have been the ciise without the timely inti- matloii given in His Excellsrn~y‘s Message. It is in no way uncon- ptiisiional, and neither is it at all derogatory to the dignii of the Assembly. for the Governor, at any tirtte, to lay before I siti all, or any portion, d'tbs ltoysl Ieatrar-tions by which be ‘u hoend get, with respect to lqlslative sieitsurea. in his capacity of Iler Ma-

sty's llepruseritetive; aed least of all, can it be so‘, when the ob- ject must evidently lie, to spike the lloesri of the course to be per- seed by theat fur the ettelrieiat at‘ any sed which the may have Itumflflblgl view. “I.'h is its far rernov as possible

-1

mm dictat . It Is, IIQI “lb! ofit fact, which it seems His El leer lsppellll th to have overlooked or forgotten; ggd ltereinlnztlisin ofit,eIly.thst thy may have time, before tlte class oft . In Its suississ occasioned by their oversight G fvf[l|fIl0% Oflln B“ is which the Message has gang, is prsst-at,-itts aasts. sad has the seine title, as one which was formerly fie , led from which glu Ioyfl Allowance IOI '

...t.arasaas.rttss'os'tr"a's'°“'”i'u'i-""-.ut"""'i'i' , I

pbialssd. v_ tessivstbnestlsa smlsullosynvsit ptthsagspsa-b'1‘thstIsIlsasssstIs bfifls. lie neat-

. _. .. . « K’ . V .v.

fest intention of His Excellency is, to put the Assembly in s ositicu to procure the complete passage oftlie Bill next Session. ‘ Ex- celleiicy_‘s desire, is to co-o crate wit the representatives of the Pen la in all measures lor t a public good; and unlike some of liia pr eceeaors. one of whom took occasion to shew his face, ilirough ll“! half-opened door of the President's roont, to sortie members of the Legislative Council, to iriliitiidiitii them from voting in favour of a Bill to which be was opposed, His Excellency only requires to be correctly informed concernin any measure, calculated to promote thcgensrsl interests oftlte people, that he may help to proinute it. This. I In iifllflinr is the proper time for the taking of Ilia Excellen- cy's .\ csattge itito consideration, and for the adoption of that course wliichp due consideration rfii.,will clearl suggest; and which, I think, is to agree to a short Address to I er Majesty, setting forth the justice and necessity of II law to coiitpel Prttprietorse to put their Titles on record, to be sccutnpariiel by a copy ofthe Bill for that purpose agreed to by this House, and praying Her llluji.-aty‘s porniiuiuit to introduce it next Session. But as regards the course wlitch I, individually, have pursued with respect to the Bill, I beg leave to remind the House, that on the second reitding of t e Bill, I up ised the Ilouse of the position in which His Excellency would be piiiced, with respect it) it, attould it be carried through the two Houses. and that w en it was passed, was not present.

Mr. .lION'I‘GO.\IERY. Icannot conceive of what use His Ex- cellent.-y‘s Message cmi now be to this House. 'l‘lie Bill to which it refers has been passed by us; and is now before the Legislative Council, and be nnd our reach.

Ilon. CULU. IAL SECRI'I'l‘.\RY. His Excellency's object, I |"¢P¢=|l. ii aviileotly to assist the Iloiise, with respect to the Bill, b putting us irttn the right track. With respect to the tone in whlc the honorable the Speaker liiis alluded to His Excel|ency's Advisers, ll ‘Gt-'|'|9dr that he was of opinion, that they did not possess the confidence of the House. Ifha really thinks so, I would advise him to get a Resolution to that elfect moved; and, if it he carried, he will soon be gratified by their resignation.

'l‘lie Ilon. the SPEAKLII explained, that he had before intimat- ed to the House, that by pzirisiiig the Bill, they would be calling upon IIIII Excullenc to do that which, b the Royal Instructions, he was precluded rotii doing. He denied, that he had said, it was derogatory to His Excellency to aeiid such ll lllessage to the House; but iid-iiiitied, that he had said, and was persuaded, that the pro- ceeding was uncomititution.-il. He further added, that he believed, such a step had never before been taken b an Governor of the Colony. i.-xcept by Sir II. V. Iluiitley, with respect to an account of Dr. Holikirk for public itiediciil services. However clear the [loyal Iiiatructioiis were to His Excellency, they could not be more so to ltiiii, than tliev were to the Asscmlily, who were in posse-ssiou of them. as well as himself; and itucli ii Message to the Assembly coiicernirig them, was, in his opiitiun, at once superetogaiory and utii-oitrititutiiitial.

Hnti. .\Ir. l’UI'E. The opinion of the Speaker is uncalled for, unleashi beiippealed to, antl except with respect to it breach of privilege, he has no right to obtrude his opinions on the llouse on any measure. before the subject is put into the liatids ofthe Clerk. merely to ullirid liiinselfitri opportunity of iirruigititig the advisers of the Govermiieiit. The .\less.ige of Ilia Excellency is not a imit- ter of privilege, it does not relate to atiy Bill in progress in this llouso, andit should not be considered by the llouse with closed

oors; Ido not wish any thing which tifl'ects the interests of the people to be debated upon in secret. \Vhen Sir Alexander Ban- tteriiian crtiiiu to the Colony, he was well informed coiicerning the course which had been pursued by some of liia predecessors in the (ioverniiteiit, particularly, as respected the nature and object of their Private Despaitcliea; u so is stated a his, with the dis- closures ittzide to liirti on that head. that he detzlared he would never write ll secret llespatch; but would consult wiilt the people, coninraiiicate with their repre-ietitatives, lay his instructions. if ne-

ursee. lie

so In

been read to the House, by the lion. the Colonial Secrstar , is, I take it, in perlect uttisoit with the declaration of His Excellency to which I liiive just adverted, and is a proof of the friendly spirit by which Ilia Excellency is actuated in all ltis coirimuniciitions with the Assembly. Ile tells as, fairly and candidly, that, he is pre- cluded from giving his assent to the Bill in question: but, at the same time, indicates to us a course, by which, we shall have the best chance of obtaining our object. If the course taken by Ilia Excellency ltiid dictiited to the House, it would have been a lirertcli of privilege; but it is not, ns it has been represented by the lion.»- riible the Speaker and the lioiioralrle and learned tiieiiiher for Char- ottotown, any attsumptiiin ofn right to dictate to the Iliiuse. would he the first to oppose any undue iiiterft.-renca with the pro- ceedings of this House; but Ilia Ext: :lloiicy‘s lllue-urge is ofit total- ly dilfercnt character. It is the lirat time that tiny (iuvcrnor of this Loloiiy, so for us I know, has voluntarily allirrded assistance to the Assembly, by it suggestion, eiiiamitirig solely from his own good seitse and good feeling. , its well as the llnii. Ir. Coles, liovve- ver, called the iittention of tlte House to the fact, that by the Roy- ul Instructions, Ilia Excellent: is precluded from giving his llluielll to any Bill, frotn which the l{oyal Allowiitice has been formerly withheld, unless its re-iiitroiluclion ittto the Legislature aliall hate been authorised by the lloyul permission; and, at the same time,

advised the hotiiiruble member, Mr. Mooney, to follow up the object of his Bill, by Address. Ifhe do, he will, I believe, have the support of Ilis Eiicelliincy; and I aiti sure, he will have that of His Excellency ‘s Governtiteitt. We are here to do public‘ ser- vice witltoui oversteppiug the bounds of moderation or propriety; but we lose sight of that duty, when we allow ourselvert to stop aml quibble about every little seeming irregularity. or unimportant deviation front the beaten use we suci-eed in procuring the lloyal Allowance to a Bill to compel Proprietors to register their 'I‘itIss, we have shall, I believe, thereb do a service to the Island. With respect to that measure, I rnysi-I will act in pursuance ofthe sentiments vi-liicli I have now enunciated; and, if llis Excellency consult me concerning the measure, I shall advise him to assist us in our endeavour to procure Her Majesty's permission for the re- introduction ofthe Bill.

.'lIr. MOONEY admitted,-that both the Hon. Mr. Pope and the Hon. Mr. Carlee had told him of the obstacle to the passing of the Bill intoypossd by is Royal Instructions; but he was not a ntan who can be easily turned frottt his object or driven frorii the track. Ile had looked for himself, and after ltiiving well cortairl-ercd the subject, he felt persuaded, that if good reasons could he uddur-ed in support of the Bill, it would receive the Rmal Allowance. He did not, he said, wish either to o pose the (mveriirnent or to se- piirate himself from the majority; cause, iflie did, he would not know where to go, to be er is of public good. It hegot but little, for the people, front i to Government and the majority, he would gain nothing b joining the minority. From the Guvorii- merit and the majority, he hoped to gain a little now and then; but from the minority, he could not, under an circumstances, expect

ncessiuns, having for their object, I ' iilipioveirtettt of the condition ofthe people generall . He was very proud. that he had ferreted out the Bill to compel Iyhopvietsrs to register their 'l'illoI. and been directly instrumental in causing its IO-Iltll'0tIll¢II0l|,lIllt‘I as it had now seed the Assembly it aecosd time, he was very sanguine that, if properly followed up, it would receive the Royal A low- anre» 'I'lie Loenrithls members of the Government to wbotii he lied alluded, had told hint that his intended reintroduction of the measure would be prsetstsre : its lied, ltswsvei, persevered, not- withstanding their dissppreliatiss of his inteittioii; and the Bill had beenrpeued by the Hesse; and, a way baviag been pointed out to _ltiitt erssceriug iislsalsesssss. he wseld sot be slow to pursue

II.

Hoe. Mr. COLES. I srsssot is the Hesse when the Bill passed. lfl lied been prssset.whse tbs Ilill was reported. Irflfil in in Cum- tnlttse, I would have prnpsssd to arrest its planed lltfift-'. Iml l_III'-'0 , recstiimsnded tlie adnptioe of an Addreasto er Majesty. briefly I sstti lhrtli the necessity and justice of the insaaur_e, and praying Iler ajsst ’s consent for the raintfttdtltllfill Ofllli B[“- "' "'9 ""‘ session of the Legislature: and this is the court-e_. Wl"¢lt I “P!-jclflll would be pursued by the Iloese, at that stage, with respect in it.

Mr. IPAIJLAY. He was sot. be said, so conversant with the usages of the I-lease as sorrte other members of it ; list he was not so iguotsnt of the rfiilve duties of the different bflncllfl of IIII I.eg‘isliitsrs, as net ts knew that HE Elcellstie ‘a Message was a direct vistatlce sf the prlvllqsssl‘ the Assent y. lftbs overti- sr were to be is fess with isessersl la progress thsqhtbsIqlIlItltlrOrtOdbtsts.sltIsrts&sepsIIsssssrth¢

Q

~ > .‘.....,,~. rt,-5.1-.,.— ~

, for tho representatives 0 the people to go onto, and leave H is xcellency and ltia advisers to dispose of all public business, as they might think best. With respect to the Bil itself to which the Message bed reference, it was not to be supposed that the Governor could. ltnow how it would af- fect the general interests of the people. is well as those who lied been longer in the Colony, aitd wire consequently better acquainted with the sentiments a peculiar circumstances and position of the people in general, with respect to the proprietors and their titles ', Wlllr therefore, to him (Mr. M‘AULAY) ititeriercnce of His Excellancy—settirtg aside all consideration of its unconstitutional charitcter—appeared to be very injudicious. The Titles of Proprie- tors had ollen been called in question b the tenaotr ; a record o them li:id long been demanded; and a (Mr. M‘Au|ay) believed that much dissatisfaction on that subject would continue to felt tliroughout the Colony, until they should be recorded. The hon. member, after having taken up the Royal Instructions. and road that portion of them to which IIis Exce|lency’s Message refor- I‘t_id_. proceeded further to observe upon what he considered the pre- ctpitancy of His Excellency with respect to the Bill, in questinu, reniarlrtrig that the Bill was in the hands of the Legislative Coun- ¢|l. and that as it was intpossible for His Excellency to know what ulterntions it might uiidargo before they had done with it—wliether ll "light. not be altered altogether in title and forin—aiid whether it _W0|lhl. in the end, canto within that class of Bills to which, by his instructions, he was precluded from giving his assent —it was quite clear that his’ ' " , owevor ,’ ' ' ‘ in ii ’ ' ' point of view, was quite as titucli so oit account of the time at which he had chosen to lllll c it.

‘Mr.’ MUN l‘GOIIIlltY. His Excellency's advisers had loads no objections to the proceedings of the Assembly, with respect to the Bill, and had not, by a vote upon it, at any stage, attempted to pre- _nt its buing carried through the House. It‘: knew that the Bill hzidbeen unconstitution.tlly introduced, it was their duty to er- rest it-it was their duty to prevent the passage of any unconstitu- IItin:|l' measure ; and, if they had done their duty, with respect to the Bill iaque-ition, they would not only have prevented the as. sage ofari unconstitutional measure, but they would have prevented a breach of the privileges of tltc House by the uiicotisiitiitiotial Mess.-igc which had just been delivered to it.

However unconstitutional the Message may be, it is liriritilcss enough in itself. It cannot undow at has been done; and, lit fact, it amounts to no more tltau this : " You have done wrong ; trike care not to do so again.”

_ Mr. Wltill l‘.\lAN. He supported the Bill, because he believed ll l-1 he a just and necessary one. Ila wits aware of the Royal In- structioirri; but he thought that an Address from the Atiseititily to Iler Maijasly, setting forth the necessity :trid justice of the measure, would be iiio"ed and adqpted to reittedy the irregularity attendant upon the reintroduction o the measure without Iler Majesty's con-

1 0

seat.

Mr. DOUSE. He was at a loss to understand the conduct of the Governmeiit, vvi'h respect to the Bid. lie was surprised that, after having allowed the Bill to past, they should object to it; and, in or- der to intercept it, advise His Excellency to an act of unconstitutional Interference. lIu thought, that such proceedings on the pit! of the government members could not fail ti shew the people. that they were occ.-isionrtlly swayed by other considerations (wlintever they might be) of more w_eight and moment to thorrisolvcs, than an. open and f.tir discliarge of their duty to their constituents.