HASZARD’S GAZETTE. MAY 14.

eeult case! So little was I aware of what had taken place, or what was going on, but let us look ate specimen of those extraordinary extra yudicial proceedinge—(hie honor then read to the House the iuterroptories that had been put to bus the Committee of the House of Ae- Iembly and the answers had given :—

lxtroct from Is ees'dence'bc/‘ore the Committee the House 1 Assembly, put the Prtiliqq of M Dprrerh. :' ' Coaslsrr-ea Room. March 3! I863. ‘ —ttr. Dav'iee,'Mr.' YfIacanlay,iHtI. Fraser, Mr. Laird, Mr. Lougwortli. Hen. Ctiaanes Yourro called in and examined. Question. Were you retained by Neil Davvech to to dlefepd him in an action at the suit of B. H. Cam- an I

jib--Iwdiehhsd hyhieea Arefialdae agent for Neil_,Darrsch, some time in the year 1851. in yer Jpae. in as esriowbrcagbt b Bentinclr

Cifirtbefland dud Wife against Neil srrach on a

&meh. Csvsaant. . _ Q. was the case tried in Court and did youdefsud

ll ' .1. To thedeclsratiou filed Iput in two Please, One, the srsl Issue. and the other a Plea of Pay- Plesse being iseusable. e cases were not tried In Court, because the agent of the Defen- dant authcrhed ms to confess the suit, which I did. Q. What was the Agent's reason for authorizing you to confem Jedgseentl .1. When he firat came to me he produced certain Beeeipts, on account of Rent severally s' by Capt. Cumberland a h‘ ' which ' when added herwculd exceed the amount of Kent claimed under the Lease. On the fees if these Becsi there was no apparent cause for en posing that t s were incorrect. The Agent or Defendant inform me that he hadhad frequent conversations with the Plaintifi‘s Attorney, Mr. W. H. Pope, to- wards elhctinga settlement, and authorised me to show Mr. Pope those Receipts for that object. Mr. Pope shortly after came into my otlice, and for the purpose of endeavouring to effect a compromise I ex- ibtted to him the Receipts in my 'on. So soon as Mr. Pepe saw one cfthe Receipts be positive- ly asserted that one of the figures in the year had been altered. From recollection, I think it was the year I8-l9 Mr. Pope alleging that by t‘upt. Cumberlend's Books the money was paid and the Receipt given in the year 1048. Some time afterwards when Isaw the Agent of the Defendant, Archibald Darrech, I asked him particularly about the Receipt, desirin him to tell me the whole facts connected with it, an tellin him the consequences to himself and to hie fe- thsri that Receipt could not be substantiated in evi- dence that if it were proved to be a forgery, the Ile- ceipt would be impounded in Court, and e himself made liable to an action and that a Verdict would he passed against hie father which would carry costs and that unless he satisfied me the Receipt wee bone [Ids I would not allow him to go into the Witness box. He positively asserted that the Receipt was substan- tial, that the figure: had never been altered—that the money had been paid in '49. and that the Receipt had been given at the time, and that he would severe to it. o compromise could be etfected between the Plsintifi"s Attorney, and the Delendant. Notice of Trial wee given for Hilary Term '52. I wee ready for 'l‘rial on the partof the Defendant. On the morn- ing before going into Trial, I showed the Receipt to the present Chief Justice " then practising at the Bar" and asked him if he thought it hard been altered,

knowing that he was acquainted with the hand writ:

ing of both Captain and Mrs. Cumberland. He care- fully examined the Receipt, held it up to the light and 'steted that it had not been altered; but that the fig- ures were 1848 and not I849, and intimated that he could give evidence to that effect. I then took Der- rech, the Defendants Agent, into the Lawyer.e ro- hing room, and told him what Mr. Hodgson had said and in cautioned him as to the consequences. He still persisted that the Receipt wee lzonsflde. I asked him if he had paid the money in ‘49, and for the first time be wevaricated and stated that the Itsceiptliad been given when the money was pa'td.l insisted on a positive answer to my question, and he refu to give me one. I then advised him not to run the risk of purjuring himself or of producing a Receipt that he ltnewto be false. ‘ He said that he would run all risks or words to that efi'ect. I then told him I was satie- fied the Receipt was for ’43 and not for '49, and that I could not conscientiously ask the court to es- enirie that Receipt es en ad- vised him, by all means, to compromise and told him that he would be certain to lose hie suit dhsatiafied with my advice, and left me for the pur- - pose as he intimated, of retaining other Counsel, which I believe he did and got froiu them they were two I believe, a similar opinion. He then returned and authorized me to make the best settlement that I could with Mr. Pope and which I effected, after much consultation with Mr. Pope and himself together.

In the Report of the House of Assembly there is a clause accusing me of neglect of duty, and thus has this Honorable Body presumed to pass a oondemnutory judgment upon my character as a lawyer by assertin that I signed a Coguovit or confessed a debt wi out the consent of the Peti- tioner or that ofhis son. I now hold in my hand aoertificate of a person who most fortunately for me happened to be present on that occasion. And before I received it, I cannot tell your Ho- nors the agony of mind that I had ex rienced and even now I can scarcely express t e indig- nation that I felt at the base imputations that had so nuwarrasutbly been cast u n me.

[Here his Honor read the Certi (sale of Mr. William Pope, testifying that the _ _]t_lfIglD0llI

was signed when. the Court was sitting, the Petitioner being present, and he tliereuuto con-

“D .

—What has the House of Assembly done ! They luvs not hesihted to brand me with being in- capable of conducting a suit in the Sup:-‘emu Court, thereby endeavouring to fasten a c r in "me from which every lawyer would shri with horror, but they have done so o face of the evidence of two disinterested Barristers, who rove that this man had given his con- sent fore the document was signed. Yes, this House of Assembly, or, more correctly 3 ing, a majority of it, was willing beli_sve t t man, who was quite ready to pcryure him- gglf, by ing ofi'a false receipt, rather than two tobIl.y.disinterested parties. I have said, that this man was willing to perjurs himself, and I think I shall establish this assertion to the en- tire satisfaction of our ouors. This very man —this Neil Darrsch-—to whom the House of Assembly have lent so willing an car, would, hadlttot restrained him b pointing out the eiufuluess of the act and t e temporal pains and psualfiss he would thereb subject himself ea, aotuall have sworn, as in eed he professed hinulf ling to do, that a certain Receipt which had been given in the year 1843 by Capt. Cnnbgflgnd, was given in 849—the figure 3, 1151111‘ been in form similar to the shape of the pg“. 9, ipt several persons saw, for at the time to which I am referring the Sn- preme Court was sitting. and siuougst others it was shown to the present Chief Justice. tl_:e_ns

;-ugumg , who a was of opinion ilietan lisposltioahed been at mpted.

now fog-gooth, merely use would be no

to so‘ infamous e ft-aud.thst bed ml.

ofiw consideration but the

I‘-‘;.'.'l"..'l~‘i“.'Z.‘l.‘i’n§'. .0 course they uur

?wu of the Attorney General would have been ta en from him ! Now ylpur Honors, if ever I acted conscientiously any suit Ididso intlw uascofthat. , p- And did lee! Just bees es 1

e would peril his lminorhl , and tlmt he would unhealt- tlhavemsutionsd.

d new one to 50

der discustcn took

. u change of Governrn

place in the year l850,whereby the blessin ' e Government were conceded

uted—a new Consti tu-

“ An Act to Commute the Crown lauds Ca . 3.——I so when this act was ' the

‘via

an c

that it was the Charter under which we were to have the blessings of res usible Government. It was under this Act in present Attorney General was up intsd, and the following clause has reference 3 the a lutmeut “ unto -the present or an future ttorney General of this

sland,asan for the sslaryof thetofice, the sum of £160 of lawful current money as afore- said anuum, the mane to beover and above all _fees and allowances now or at the time of tliepaniuqsf this Act allowed by law to the mid oflcer.” ell, it was under this clause that-I accepted clue, and I should have thought that if there ‘were any principle in tuen--any honor is a body of men, that they would have‘ considered this clause ieviclable; and, more espe- cially, that very‘ House of Assembly which passed‘ the Aer, and which is still is being. I conjure your Honors to bear in mind, that the same prin- ciple which has been made to apply in the attempt at the reduction of my salary, may, at the capi-ice of a few ‘individuals, who may choose to and themselves together at any time, be brought to bear on the salary of any ofilcer under the Civil List Bi|l—e bill which you all know the Imperial " ‘ ' ‘ ...'='.:l-.c..t which it positively and explicitly declared that it would not concede Responsible Government totlie colony. I say that the salary of every otficer under that Act is equally liable to the same unjust encroach- ment which the House of Assembly, in the plen- itude of their wisdom, have new thought properto make on that of the Attorney General. On the same principle any Officer under that Act may have his salary changed. The Hon. Mr. Swabey may have his £200 a year out down to £100- the Treasurer have his salary out down to £300, and the Colonial Secretary's be cut down to £900 ; and so may it be with all the other ofiloeit. If the can touch one, they can totich all, and, there ore,I say when the House of Assembly attempt to alter my income by this Bill and out me down to £ , it is a violation of the compact entered into--a breach of faith on the part of the Government. I reiterate, that l have heprd of such things as robbing Peter to pay Paul, but never. until the resent occasion, that Charles should be robbed) to pay oseph. Consider, your Honors, this Bill. The Attorney Gene- ral recsived £435 last year, as may be seen by the public eecennts—-the Solicitor General, scarcely £90; and new the House of Assembly think proper to raisethe Solicitor Genersl's salary by giving him .€l00 a year. and reducing the At- turney Generals to the paltry euin of £300. I would ask, is that right,—is it fair—is it honest! Having some principle myself, I confess that I did feel indignant that every member of the Government, except one, should have voted for that Bill—eo indignant at the nnhandsome treat- ment I have experienced at-their hands, thetl this very morning, went down to His Excellency the

l inge had been brought under the review of the I know that it was the opinion of the House Supreme Court, that the

so. third shaft, and tbat‘ie'the Bill which isaow - thee eed Who lie

the

other, ,thet the divleba bein the Bill l| fill to the ground, tbstaherr could beafiirther proceedings tskfi In scrue efs manner this has been attem tube or _ plalned away. Now. the osly his of a piece- Oat that has been found, is one solltsr ems, is whidi thus was as squsldivision; I remem-

ber myself that iii that easethe Bill was mid to, have been " he np‘_’—-that was the ex ressios n by an .pu,tleman since , -as to the fate ofthat Bill. My purpose is to acertein whether we are competent to go into this ill present junction? with respect to the Bill I have mentioned. as further proceedings were te- ken, and it was last. . I asked you, Sir, the other day, whether you could state what was the pro- -ppreetsp tetukde wltll usston, an you ve r tfiisionv of the lldeee to"sd'i:erwq,f,|hi consult with our late President. ct inceii thityou were to take his advice ssfitiel. ‘Veil. you asked that gentlemaq, and, when you came back, Ithetrght there wcul have has me- thing decided: but you, Sir, told the House that he lied declined to be e arbitrator in the at yndisputs in this House. But. Sir, it was to you looked for a decision, and not to him. and even up to the present moment, you have not said any thing to invalidate the course of procedure that was adopted in the only precedent you have suc- eeded la finding out. I have much more to say; but, at present,l wish to confine myself to one thing, and that is. whether the consideration of the Bill can be resuined—whetlier the rule, or, more correctly speaking, the notice, of this ones which was never to take advantage of a sent members. is now to be depart om! " ,

tr I would never take the least advantage efthe ab- sence of In lieu. member: nor have I ever done gr. I coul have carried the view I took of the etnpenmtioe Bill, the other day, but when I was appealed to and reminded that an hon. mem- ber who -had tslten an interest in it was sick, I was restrained by a sense ef honor and of justice, and cheerfully consented to its postponement.

The Ben. the PBBIDINT And have you not received equal courtesy in return I

The Hon. Mr. Swasrv contiuued—I havc,Sir, and up to the present moment it has been the pride and the boost of this House that we have given to each other every courtes and consider- Qtion, but. Sir, without the slig test intention cftusin ohnsive, language I do assert that this is a vie ation of that undersmudiug.

The Hon. the Pursioeitr explained that the only case they could find where there was an equal division, was that of the Fishery Reserve Bill which was sent up to the Council several

ears it .

y The on. the Arioaiver GINIRAL. I remem- ber the Fishery Iteserve case well. I, with some others, took a dedp interest in the Bill, and I recollect we were sadly displeased and mortified at its having been “ hung up” and that in the ‘absence of two or three members I got up and modes motion that it should be gone into: and I recollect too that his honor, our present Pre- sident, said to me “ will you Sir, take such an undue advantage as this in the absence of other honors e members I” We uarrall upon the subject, and after ‘getting into a towering passion, his Honor we into a detail of the In- yustice of the Bill, when I retorted that he could not vs read a word of it. High words ensued, and the upshot of it was, that we were placed in custody for an hour and a half—I rc- member too that_we were made to bow to each other and to apologise. The matter then dro

Ltcut. Governor, and told him that I placed ces of Executive Councillor and Attorney ncral at his disposal; and therefore new I retain these situations only so lots as His Excellency may think proper to withhel his sanction to my resignation: and I hope that the vindication I have this day made will go forth throughout every part of the Island. I shall not, at all events, be con- sirlered e cringing creature. A sense of honor prevents me from tsmely snbmittingtothe censure —the bitter esnsnre—of my colleagues in the Executive Council; and that too, without even having deigned to ask an explanation in regard to any matters -eherin they may have differed from me in opinion, I have lived twelve years in this Island without public aid, sudI care not for pounds, shillings and pence mtlieGovernment. Thank God. I have been able to live without being in the slightest degree dependent in Government allowances. I can do so still; and little do those knew of me or of my character who can fora mo- ment suppose that it is either for salary or fees that I accepted Ofiice or retained my situation. In taking the step I did, of tendering those situa- tions I did not consult any rson—not a living soul—not even a member of my own family, and I believe that until the present moment that I declare it, not a human being knew of it, except Ilia Excellency. Therefore, 1 ho that ur Honors will consider well this fill, an be led to see how in'uriousl it afiecte the rights of those that wil be an ject to its operation, if it carri into a law. is unjust- altogether unjust-—end I do hope that you will yet view it in that light. Withrespect to the mere matter of fees, of peounss recom(peuce for professional service, I recol ect, an that not very long ago, too, of a gentleman from the other province receiving, in one week, £12) for his services in this very town—the.t gentle- man was my older brother who was retained in a certain suit that was then pendin in our Supreme Court. One of my own bro are, too, was retained in another suit, also, in this place, which occupied him only two or three days, and, during) which he spent his time in the most ageea le manner possible, and he received his £1 . It is quite acommou thing in En- gland for a Council to receive £400 or £500 for even one da ‘s service, I used, however, dwell no longer on t point, but, if the Government of this Island think that they can get a person to do their work for £300 a year, it will not be Charles Young that willde it-that I know. Some other person may. I should faiu he that his Honor who has made the motion or 'ng into Committee with this Bill, will,albeit

3 s4

‘ a

g his motion to a division. who voted on the Bill before are now absent; and I know wdl that if the Hon. Mr. Din well had had the slightest idea that it woufi have been brought on afin, he would sooner have out his hand of t n have no to his home. Two members ars'uow lei on beds of sickness and ‘unable to attend, and euotli absent, under the impression that the BI been lost. But it would seem tlmt brokslnon Wednesdsy,sndIsapose your Honors are ready, without iefiy interested

erd u the sub’ from

ea. . Swasev. I would like teknew.

from his Honor the Prsndeet, if It lsjast to pro-

‘ the consideration of this Bill at the pe- psssssslm tb

be putia of a rule tbstebtatns sldlar d

Ftnths eleventh hour, now see the imppopriety ' of ' ' ’ embers

a bethsde-rk

ped—our present Chief Justice was then resident of the Council, and he insd

srgume at have been brought forward by their Honors the

‘to the Bill new vector‘ '

explain. What Imeant to say was, that his Honor exhibited great excitement on the sion of the second reading of the Bill, before he knew whether it was my intention to vote

otnot. .

lI‘lie“ Hon. Mr. If so, I can saly ‘repeat tlifl I was not conscious of it: bpton your chan ing your course, after what you had sited to be your iuesution, not to vote, I cer- utigly ex ted tlml you would abstain Rom vo 12. u that oeasiou we heard uothhig of eIy- ture Attorney General.

Attorney General and Mr. Swabey, members of the Government, a inst ameeeure which has been introduced an supported by a large mp- '£;ity of their exeotmive collca es. I maintain t there has been no redu on of . The principle of the Bill is to convert the fees of that dies into a .. The Hon. the Attorney General. This might have been done with m consent.

‘I he Hon. Hr. Hones. is to any in ividual, and were I in his oncr’s situation I should prefer having one half the amount under a fixed salary than he ope to the'im.pI$tiori of creafing fees for my personal bone t. Having he example of

's in the present Chief us-

I conceive that no

eoessor oloe, cepcilth respect to the assssin should have deration, both for his own sake and t of the

Government with which he was connected. That where too modes of levying fees were

no better for his own character and for the popularity of the Government with which he was conueetfed, if he hadpursued the more die- intereeted and merciful course adopted by his predecessor ‘-

The Ho . Mr. Youire. What in opposition to the I4 I

eat, I am of opinipn that his honor

it w

The Ben. the Paaarneit-r. Does his Hon. the Attorney General intend to persist in his mo- tiou to send for absent teem re!

The Hon. e A-i-iceirar Gairaean. Please

urselves.

The Hon. Mr. Swasxr. I would have pressed the motion had time rmitted, but in 'elding to the convenience o the legislature Iiwoul only rem t it is incomprehensible to me how your Honors can reconcile ur present in- tention of passing the Bill with a Solar of £300 after our vote of ' as sugges to the House 0 Assembly.