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910

His Excellency wes pleased to open the Seasion with

the following SPEECH:

Mr. President, and Honorable Gentlemen of the Legis. —— fative Council ;

Mr. Speaker, and Gentlemen of the House of Assembly, ; Qur Gracious Sovereign having been pleased to ap- point me to the Government of this Island, I have miuch gatisfaction in meeting you in your Legislative capricity, at this early period after my arrival, and 1 avail unyself ef the first opportunity of communicating to you my earnest desire to administer the Government upon those

niece - oon

THE EXAMINER.

ving then retired to| side being a part of the privileges of the House and the

ing t The Speaker and Members having (0 i Chair,| peo le, he thought then as now, that it was their own House, the Speech was oo eee a ne mple on thes. , AD attempt

hich the Speaker rose,. and sta ; epee the aie he was informed by two mem

. . * . f vacancy existed for the First District 0 : by the appointment of Mr. George Coles to Pesouting Comicil, and that, in conformity to the law, he had intimated the existence of suc

Excellency the Lieutenant Governor— of Election was issued—that an Election had accordingly

the taken place, but that no Return had been made to

coset He also stated, that he had been informed by four other members of the House o

just and impartial principles, which, whilst they will give me a claim to public confidence, will enable me, with your assistance, to contribute to the happiness and prosperity of this interesting and thriving Colony. It devolves upon me now to submit for your consider- ation, several matters of nuch importar.ce to the present and future welfare ofthe Colony. Among the most sing of these, is the state of the Island Currency, 2 wholesome reform of which is urgently required. ‘i'o assist your deliberations in effecting this desirable ob- ject, I shall direc to be laid before you the views enter- tained by Her Majesty's Principal Secretary of State for the Colonies, both as to the cause of the present state ofthe Currency, and its proposed remedy. ‘T'o these sgiews | must claim your serious and earnest attention. The future management of the Post Office in the British North American Provinces, wil) also occupy a inent position in your deliberatiors; Her Majesty's Post Master Gienere| being prepered to evrrender to the Provincial Authorities the control of this denertment, so soon as by concert between the severa) Legislatures arrangements sia!’ be matured for securing the acvan- tages of an efficient and uniform system. The several eommunications tpen tiie important cuestion, together with the able Report of the Commissioners, appoirted by the Provinces of Caua’?, Nova Scotia and New Bruns- wick, shall be laid tefore you, The unfortunate sickness wud cistre*) wuich preva‘led

among the F:n.grants frorm 'reland Inst year, haa induced] -

‘Her Majesty's Government tc »ropose ‘co the several Provincial Legislatures the enscimont of a law to cflord additional sevurity against tae recurrences of similar misfortunes. ‘The “iews of lier Majesty's Government, ae commurxated tothe Right Honorab.e the Earl of Elgin, will te submitted for your information and guid- ance,

A revision of the Icts i. gulating Election,-i¢ alco c matter well deserving your #*‘eution, and I recommend to your eorsideration whether _ law upon the same principle as thet whick ‘as lctely passed in the Pro- vince of Nova Scotia, end which is elsoin force in the Provinee of Ney Brur-wic':, might not be adopted with advantage in this Colony.

representation of the First District of Prince County, by the appointment of Mr. Warburton to a seat in the Executive Council—that he had intimated such vacancy to His Excellency the Lieutenant Governor, a8 was his

ceived from His Excellency in reply, a copy of the opi- nion of the Crown Law Officers, to the effect, that no law existed to compel a Member of the House accept- ing a seat in the Executive Council to go back to his constituents. He then submitted the several Documents, and left to the House to decide whether it should re- solve itszlf into 2 Committee of Privileges and Elections to eettle the question of these vacancies.

Considsrable discussion then ensued. Dr. Conroy observed that the question was one which involved not only the privileges of that House, but the rights and pri- vileges of every man in the community. Examples might be given from history to shew the importance of these privileges, and he referred particularly to the con- tests which arose in the time of Charles the First be- tween the Crown and the Commons. Were it not for the stand which was made by the men of those days against the encroachments of the Crown, we should have little to boast of in the British Constitution. The hon. member concluded by moving for a Committee of the whole "Louse on Privileges and Elections.

7. Palmer, in seconding the motion, agreed, that going inte Committee was the only feasible course of disposing of the question, as it would, no doubt, cal! for much discussion, and much time be spent in searching for precedents.

Mr. Rae stated that he was one of those who addressed the letter to the Speaker, informing him of a vacancy having occurred for the First District of Queen’s County, not, as his letter would shew, in accordance with the law of the land, but in accordance with the views of a ene of the Assembly, as expressed in their resolu- tion. He differed with those who made that resolution an interpretation of the law, and maintained, that both by law and precedent Mr. Coles had a right to hold his seat in that House: And there was the published opi-

Iwill ecmrunicate ‘ec 2u uy ldcaeage, such other|nion of the Law Officers of the Crown, which declared,

mattere effecting the (eneral interests of the Island, as it may be deemed necessary to brinw under your con- sideration during the Sessior..

It will be cretifying to you to learn the prosperous state of the Revenue for tho past year. Although bur- dened with o. unforesce, and extraordinary expen- diture, exceeding 3C00I, in providing seed grain for the necessitous settlers a. *he commencement of the season,

that no law existed to compel a member of the House to vacate his seat on going isto the Council, and he con- sidered that expression of opinion entitled to regard. The hon. member cited the case of the Hon. J. S. McDonald, Messrs. Pope and Palmer, who had taken seats in the Council, without going back to their constituents, and he did not suppose that either of these gentlemen would Plead an ignorance of the law—he also adverted to the

and in supporting the sick and destitute Emigrants, it| Practice of England, whieh did not require a member of will still be found to exhibit a considerable surplys|the House of Commons to vacate his place unless he ac-

beyond the charges of the year. Encouraging as this favourable state of the Revenue appears, [ must press upon you the necessity of exercising the strictest -@conomy in its disposition, by a eystemstic persever- ance in which, we may hope to relieve the Colony from its existing liabilities. Mr. Speaker, and Gentlemen of the House of’ -issembly ; I shall order the Public Accounts to be submitted to you without delay. The classification which has been

cepted of an office of emolument, and referred to a Despatch from Lord Stanley, while Colonia! Secretary, to the Governor of New Brunswick, in which he disclaimed the principle, as a part of the constitution of the Mother Country, contended for by members ofthis House, name- ly, that a member, on becoming an Executive Councillor, vacate his place inthe Assembly. T'he hon. member concluded by moving a resolution, confirming Mr. Coles in his seat, and against going into Committee.

Mr. Palmer contended that it was impossible to dis-

made by the Auditors, as suggested by the House of' pose of the matter without going i , i juggest . ing into Committee, Assembly in the last Session, will prove a saving of| The hon. Speaker said the hesohition of the hon,

time and labour, by affording facilities for their exam- imation.

The estimates for the Supplies of the current year

member for Prince County (Mr. Rae) was irregular, and could not receive it.

Dr. Conroy spoke in favor of going into Committee,

will alao be laid before you, and I have every confidence! He said ’ ry that House were called upon t d thei that you will grant the necessary provision for the! privileges, and should not bow ee ss hisaéininen a

Puplic Service.

the Crown Officers. These opinions possessed little

As the Act for levying an agsesement on all Lands in} weight with him; for if Mr. McCallum had been re-

the Island, will shortly expire, it will be for

d , you to consider whether, in the present circumstances of the! Island, it will not be advisable to continue this Act, or| ~~ to idise a large proportion of the Colonial Revenue aoe ae ae enable you to reduce other|

‘ ee

as al Acouragement of the Trade

I would, however, Suggest, for your consideration, |

whether it wi! : halite te , it will be expedient to continue the distinction |ing to go into Committee was as tan

between improved and unimproved lands.

= at the m0. Election no power could have prevent. ed him from taking his seat, and hold it ivuti ee g , it constivutionally Mr. Havilend urged the propriety of going into Com- mittee—the present proceeding was only taking up the time of the House uselessly, and not in accordance with

lits rules,

The hon. Speaker said it appeared to him that declin-

: tamount to abrogat- ing a resolution of that House; it would in substance

, nd Honorable Gentlemen of the Legis- have the effect of rescinding one, and consequently in an

lative Council ;

the public interests, I invite you to an unreserved com-

my ready concurrence, in such measures as are eal-

se promote peace, good order, and the we)

— ular proceeding.

Mr. Speaker, and Gentlemen of the House of Assembly : th

Being sensibly impressed with the convict; ' 2 OUFr Co-operation is essential to the onal being the guardians of the

t. Macintosh thought there were some ent] i at House who, notwithstanding their rt ca beans of

people’s rights, desire to

make them subservient to narrow views ed

é - Of what use : . was j ; : wonlecied Sekai eis Re age “mba which aa A a sy eeeeelie im this Colony solution, introduced by Mr. Thornton, was carried }

8 discountenanced in a

Col ; aulated to develope the resources of the Colony, and mate ae ile teberene Brunswick. When the fare of the peo

notice of the House last

year, he expressed his opinion upon it, and ins om te .Principle contended for by gentlemen on the sae

Mr. F. Longworth contendedthat as thehon.

helan, that a|had fully explained the part he had taken in the . bers of the House, Messrs. Rae and coils County, out of the House, and had placed the opinions of the aseat in the|Crown Law Officers on the table, the House ought not

the whole

to refuse going into Committee to investi

h vacancy to His|affair. Any doubts respecting the occupancy of that a Writ|that House ought at once to be set at rest, , —

Mr. Mooney disapproved going into Committee, kt woule be a waste of time. He thought they should rather tura.

their attention at once to the real business of the country, fa vacancy for the; The resolution of last Session was of neelf uge ee ne

bill was founded thereon, and the highest legaj

in the land declare that the seats of Messrs, Coles ang Warburton were not vacated by their going into the Council. He thought that with some of the

duty in accordance with the Law, and that he had re-|On the other side, there was a good deal of the

ing of political spleen, which could not fail to be injuri- ous to the real interests of thecountry. Dr, Co

gone back to the reign of Charles the First, to bolster up his viow of the question, although he thinks it

plain and simple. Dr. Conroy would have us to believe that he is always right—never wrong; yet he has found it convenient to deny a vote which he gave Inst year, Mr. Montgomery would not wed himself to the opi- nions of the Attorney or Solicitor General, any more than he would place his constituents in their hands. The privileges of the House ought to be judged of by ite members; he would therefore vote for going into Com. mittee, as being the constitutional mode of adjudicating on the question.

Mr. Clark explained, that when he last year voted for the resolution, he had not given that attention to the Act to which it relaied that he ought to have done; hé had voted partly in ignorance upon that occasion, The Legislature of New Brunswick passed a law, making it compulsory on members of the Assembly acce seats in the Executive, to return to their constit

but it was not sanctioned by Lord Stanley. How

he asked, was it probable that what was cond

there would be upheld here? T'wo wrongs never make one right, and though his opinion was changed, thet change was not brought about by the opinions of the Crown Law Officers, but solely by mature consideration, He couid not comprehend why Mr. Coles should be compelled to retnrn to his constituents, when the hon Speaker, the Hon. J.S. McDonald and Mr. Palmer, under precisely similar circumstances, did not doa He was very much astonished thet this Jaw—then ip existence—was not construed, as it has been construed to affect the Hon. Messrs, Coles and Warburton, for te impress upon the House the idea that they were igno- rant of the existance of the Act, is too great a streteb upon one’s credulity; that it had reference only. to the Legislative and Executive Council in its double charae- ter, he was perfectly convinced, and felt no reluctance te acknowledge that he viewed the whole matter in quite a different light from thatin which he considered it last Session.

Mr. Le Lacheur thought it strange that those three gentlemen just alluded to by the hon. member for Prince- town (Mr. Clark), should haye so long held their seats by usurpation. What they condemn in others, thay themselves are guilty of. He wished to know from gentlemen of the law in the House, how it was possible the seat of the Hon. Mr. Warburton could be called is question, he being only provisionally appointed, and hie appointment, yet subject to the controul of Her Majesty. Supposing the seats of the two gentlemen ia question were declared vacant, and the opinions of His Excellency’s legal advisers set at nought, in what ¢ state of embarrassment would it not place him, He did not see how His Excellency could issue new Writs. Ja his opinion, nothing could be done till His Excellency had received advice from the tiome Government; and thus would two constituencies be virtually disfranchised for this Session. .

Some discussion ensued as to whether Messrs. War- burton and Coles should take part in the debate ; ultl- mately it was decided that the former should, and that the latter should have an opportunity to reply at the con- clusion of the labours of tie Conimittee. Much argument followed on both sides as to whether Messrs. Coles and Warburton should vote on this question, which if allow ed to vote, would make the numbers fen and fen, the casting vote of the hon. Speaker would decide it in his favor.

Mr. Palmer moved that the names of Messis, Coles and Warburton be struck out of the division, the House divided, and the same division appearing, the Speaker ordered the two names to be struck out, 2nd the question being put and carried on the original motion, the House went into Committee on Privileges and Elections, Dr. Jardine in the Chair, soon after the House adjourned.

EMBARGO ON POTATOES. After a short debate last evening, the following Ro-

the House:

Resolved, That owing to the failure of the Potato Crop and the consequent scarcity of that article of food, it is expedient that » Bill be introduced to prohibit the exportation of Potatoes till the first day of August next