ag ny awe Oe

- reply to the charges which were set forth

84

ROUSE OF ASSEMBLY.

Pivate Secnetary's Fees. (Debate continued.)

Wepsespar, May, 14, MORNING SITTING,

Mr. Wieatman then,rose and, said, if the charges set forth in the Keport against Mr. Haviland, or evenonly a part of them could be substantiated, they would esta- blish a most serious dereliction of official duty against that gentleman. ‘The charges, it was.said, were sustained by the evidence of facts; but that they should he: so,.and that the Government should either have been, ignorant of the official malvarsations which, it wae stated hed on the:past of the late Colonial Sec- retary, bean. systematically practised for ten or'fifveen years ; or that, being cugni- sant of them, they should fave winked or connived at them for so long a.time, was what he really could not easily persuade himeelf to believe. Of one thing, how- ever, he wae fully convinced, and that was, that it would be altogether irrecon- cilable to the prevailing practice of judi- cial enqyiry, and wihully subversive of the fugdainental principles of jystice, for the House to adopt the Report of the Committe of Euquiry, until the accused had been, supphed wir) a copy.of at, and been allowed a, ful! and fats, opportunity toreplytothe cri-ninatory charges which it comtained. tie had atten heard of what was, in Scotland, called “Jedburgh lag ;” the meaning of which was, hang iagainan ficst, and trying him after- wards; but he had sever, until the pre- sent occasion, heard it seriously proposed tecarry that law inteeffect. He, for one, was desiroug that the whole matter should

be thoroughly investigated ; for, atter eu much had been eaid upon the subject, both in and out ef the tivuse of Assem- bly, and public attention had been so tm mediately fixed upon the enquiry, it was certainly due, not only to the gentleman whose official chdracter was so serious!y involved in the question, but also both to the country and tothe House, that it should undergo a most thorough and searching investigation, and that the offi- eial malversation with waich Mr. H. was charged in the Report, should as speedily n@ possible, be either fully established or for ever abandoned. But, to that end, it wae certainly necessary, in the first place, te give Mr. Haviland a fair opportunity tu

inst him in the Report; and he (dir. W.) thought with the hon, and,, learned tember for Charlottetown,;that he, (Mr. Haviland) should forthwith be furnished with vo copy of the Report, and, im the event of the Legislature's. being. pecro- gued aa soon as was expected, that he should be aliowed until.the next Session of the Legislature to.prepare his anawer. To an individual who had so long,sa.ubly, 80 faithfully, wnd.so.nych to the public satistaction, discharged,the varus in- portant. public duties whigh-had dayolved upon him, in the course: of his . official cereer, sucha postponement of, Judy- ment as that proposed by the hon.and Jearn ed member for, Charlottetown, was not only imperatively due, in, aceordance with the nost. obvious principjes of common jus- tice ; but,it was alsu.dye..on account of the personal coneiderayon to whigh.ghat gentieman wasentyled,and ougut to, be conceded ty him on that score alyne, even although no higher obhyations of, public duty required the Heuse to pursue such a course a8 that indicated.jn the Resolu- tion befure the Committee. Mr. Paumen,in reply, to.the hon.,Mr. Coles, said that that hon. member, had, very e¢rronecusy represented the charges set forth in the Report, as: being . wholiy sustained by the evidunce .of, facta. So tar.however, was hig assertion,from being } true, that, taking alj.and_every particular to which the hon.. member had alluded as facts,.to be really.and truly s0, they were, altogether. insufficient, ta affyrd. any. ground for the serioug adcusations, pre- arred by the Report, against. the. late, Colonial Secretary ; far the establisment. of those accysationg against that. geutle. ruan, or his exqneratiom, from them,,alto- gether depended upon the constructipn « hich might be.put upon an Act of Par- lament, which was differently interpret-

spect, however, to some off the facts, by which the majority. sought to criminate Me. Haviland, it could easily be shown how wery worthleas andunconclusive they were as.evidence.. @ne of the proofe ad- duced: by the-hon, member for Qieen’s County, was, that some of the Marriage Licenses bore the impression of a Seal, and others did not. He (Mr. Palmer) had had the curiosity ‘to: examine such Li- cences, and he had found that, whilst some bore the impression of the Colonial Secretary's own private Sea}, others: bore that of the Lieutenant Governor's coat of arms, and some were impreseed with no seal at all, the impress having been made by nothing but the end of a ruler, or what ,ever olse had happened tobe nearest at :handito anawer the purpose ; 6o little jumpertance had: there evidently been lattached to the character of the Seal, and go little could be established by proving ‘that the impression on the Licences was either one thing or another; and eo far were such facts from shewing, as the framers of the Report, and its support- ters wish to make it appear, that it was one of the epecial duties of the Colonial Secretary to issue all Marriage Licences, “The Committee had, indeed, it seemed, succeeded in persuading themselves, that they would be able toestablish their as- sertion that it was a positive and recog- nized duty of the Colonial Secretary to issue such Licences, by referring to or producing a Licence, signed George Thresher, Deputy Registrar. That poor old Mr. Thresher had, in the hurry of business, inadvertently, and, most Jikely, from the force of habit, sppended such a siguature, as the deputy of Mr. Haviland in the Office of Registrar, was vesy far from being an evidence of the assertion that such Licences were to be isswed dy Mr. Haviland, not in his capacity of Pri- vate Secretary, but. inthe diseharge of his duties as Col, Secretary; and sucha fact could not, either honestly or reason- ably, be brought forward in support of such a view.of the case. The adducing of such @ factand the prominence which had bee, given to, it, were evidence against.the parties whq had framed tire Report, shewing how extremely angious they wereto sustain the charges aguinst Mr... Haviland, and; how very little they were inflyenced by the spirit of modera- tion or.injpartiality. in opposing the. er

mitted, the hon member for Queen’s Couyty-had said, that Mr. HavQand) had had tupe sufficient to reply to the charges preterred against hun in the. bloage, te- cuuge it wes two years since. they, were first brought furward. Such an argument, against the course preposed bythe Reso-. lution, was however, destituta. of exery value. which either right reason or jyatice could confer, ‘The han. member had said that, since Mr. Haviland bad., nat.peti- tioned the House to be h@ardia,, hia own,

any congderations of jystiae ta thatgentie- man, or. regard to their, own character, to, suppiy him with a Copy efithe Report aud, aliow jim time for. explanation or reply. | Than such an argument, nething. could, be more. fallacious and, decenful.. The subject of the enquiry, had, it was true

been before the Houae fer that periadbua would ,any just or, reasonable person. either suppose, or presume te argue, that Mr. Haxiland ought, to. have. stepped far- ward, and demanded.. to.b@, heard in his own. defence, before. big. accusers had been able to agree cn what basis,in wat form, or to what exsent, the contemplatad charges could be preferred against.tim ? Sut¢lynot,, [twas tune enough,, bat only ume, for him to answerwhen the charges against him, (having’been reduced toa

tangible and . settled form, and in that

form exhibited to the Huvse,) could fairiy

|} be met and withstood. Although, there,

indeed;, seemed never to have beenany inten}ion,.on the part of Mr. Haviland’s accueers,.to adinit.im to an exercise of the privileges accorded to .the accused, both.ja Courts of, Law and,in the High Court of Parliament, still, they felt it.ne- cessary to offer some sort of, apology for | their arbitrary, denial of them; and the honmember for, Queen’s County had, therefore, alleged, that the preasure of businesa having prevented the Report's

being brought before the,flouse for flis-

sdubysdidtprens, individual With .re-

cyesion aten earlier period, jt. was be-

THE EXAMINER.

solution, which he( Mr, Palmer) had sab., | allow nq@eonsideration of hongr.or justice

defence, the House were nat,bouad,, by |

come necessary finally to dispose of the question *vithout further delay. This apology, however, would not bear exaination ; for, even sdinitting it to be true, that the needful prosecution of public questions of general moment nad ‘made it impossible to enter upon the dis- cussion of the Report on an earlier day, ‘it would, at any time, after its completion, ‘have been easy for a member of the com- “mittee to present it,,and to move that it should be received and read ; and then to have followed up the ‘action upon that motion, by further moving, that the Clerk should be directed to furnish Mr. Havi- land, forthwith with a copy of the Report, that he might have an opportunity to send in an Answer thereto, before it should be again recurred to for discussion and de-. termination by the House: and had the accusers of Mr. Haviland had ang.inten,, tion to afford him fair play, such, would. have been the course which—uader, all the circumstances of the case, and even without any relaxation of their anxious de- sire to terminate the enquiry—they would have determined to pypsue. But, further, supposing that circumstances had actually. itevbated their pursuing that couree, and that it was. really true that the Repost could not, by ary: means, have. been browght ugder even the cuasory notice. of the. House.t! then, was it right on fair, that all honourable considerations. of, juatice should be.anaulled by, that neces-, sity, and that: therefere- Mr. Haviland : should be condemned unheard ? Certainly. it. was not. But; eaid the, honorable, inember for Qpeen’s. Couaty, Mr. Havi- land had been wanting im proper respect: for the Committee, of Engpiry of which ha was a member, and,,as he had not been called to the Bar- ofthe House, to beg pardon for so culpable.a wait of courtesy, it would be,-extending to himithe most unmerited; infulgence to furnish bin with a copyrofthe Report, and to allom him time to send.in .am answer to it: - he | had failed. to shaw due respeoctto his pre- | segutors, and therefore the due obser- vence of the rules of common,. justice should be dispensed with in the course of tha. procedingg instituted against him. Sach, an argument was, indeed, nothin lesa. than an open avowal of the implac- able.spjit in which the inquiry had hither- te been.prosecuted, and of the determin- ation ofthe parties who carried it on, ta

fo prevent the accomplishmeat of their design—the condemnation of, Mr. Havi- dand, unheard. By what breach of cour- esy or wantof respect, however, that gentleman had so grieviougly., oflended -the members who composed..the Com- ynaatee of Enquiry, be (Mr. Pakner) could npe easily, tnagine; knowing, as he and every one,else did, who had had any in- tercuurse with him (Mr. Haviland), that he could nwt easily be surpassed in urba- pany a er for he was iavariably oa maid, and courteous to..all; and one imthe community was-held in |fiigher respect. [Hon. Mr. Coles. That jwas very‘doubtful.]) The hon. member for Queen's County had also said, tia’ the House.of Assembly were the only competengand proper tribunal ta. decide the question involyed im :he Report. He {Mr. Palmer), on the other hand, was | prepared to shew, that the Houge were bby no means competemt to decide the ‘matter; fer ihe questien, when. fairly Stated, waa.a purely legal one; and the estabiishmant ofa charve coatained in the Report, or the faikis, depended alto- gether upon the iegah construction of an Act of Parliament ; and, even, should the Report be adopted bythe House, and further action upon,it be referred to the Governor, it would, be (Mr. Paliner) had little doubt, appear to His Exeelency, that his first duty, with. respect to it, was to subinit it, in connection withahe Sta- tutes to which it had.reference, to.hie-im- mediate legal adviser, or to the lega}, au- thorities ax-Home, for their opinion. , Phe eomnmittee, of Enquiry alleged that Mr. Havilaags concealed the fact of his being in the receipt of any Fees as PrivateSecre- tary; and relying upon their own allega- tion ag.ca,established fact, had thereon proucunced judgment against him. Should ‘Mr. Haviland, however, be allowed. to be heard he. would easily he able to shew that there had been neither mystery nor concealment in any of his official pro- |

it

a EO

repested story that there had been ne, Private Secretary sime*e Mr. Haviland’s. appointinent (0 the Office of Colonial Se, cretary, had been answered and. refuted. again and again, (A was, indeed, quite true, that, in the year 1829, whenthe Jate, Mr. Huskisson was SecretaryofState for the Colones, the Salary, aloweduby, the. Imperial Government, tv the, Governor's. Private Secretary in.the Gélony, was. withdrawn ; but it was to be remembered, at the same time, that the withdrawa) of the salary was not au abolition.of. she of- fice ; and so lony as the services comin- ued to be performed whether the indivi- duat performing them was. appointed te the discharge of them byva,, Commissioa. or otherwise, he was.equally. “ before, ensitied A. the Fees: pani. ies remained: to.be performed isely. as before, and Fees for their publacaiedies were also, Jeft upon the Statute Boek.. {No! from, Mr. Coles. | |, Whether 3. was a fact known to ta oh roe whe have succeeded one anotber, wadersuch a state of things, or net, that the Colonia) Secretary, in discharging the d of ; Private Secretary, _exacied the Fees al lowed by Statute for their performance, they all knew very.well that he was a)- ways at their beck.andcall—whether for the purpose of writing, a Despatch ora Gircular, or for the transaction of business . of even the. most trivial moment,—and they could not reasonably suppose that. he could be reqnired to perform a variety. of services, over and above tnose for which he received a Salary by Statute, without being allowed some.remuneration — for euch services. ‘I'he hanorable mem- ber for Qyeen’s County, hag, indeed, told . them, that the gentleman who had ehie been concersed in preparing the Bill the commuting of the Fees of Office of the Colonia Secretary, for a certain Sais- ry, had said, that at the time of the ing of the Hull, it was generaliy u stood, in the; House, that .the Saldry was to be in tiewef all Peeg whatsoeyer., In . answer to that, he, (Mr. Pelmer) bad only« to say, that phat gentleman, (Mr. Thoimp- son of Georgetown), had. voluntarily told Mr. Haviland,in his own office, that there

g:| had never been the n.ost.remote intention

or idea of jnterfering with his Private Fees; but only. with these, which he re- ceived in hig public capacities of Colonial Secretary and Registrar, He (Mr. T.) nad staied precisely the same thing to hin (Mr.!.) and as he beliewed him to bea.

|geniieman who scorned a lie, he ‘ould

take leave to consider as unwofthy of credit, what had been edvarced to the. contrary by the bon. member for Queen's County. By mgans of the malignant and sianderovs unpatetions which the parties . wo hed framed and supported the Report, had cast upon the characte: of Mr. Havi-— land, in sbeir political progresses through- oul the Country, and by other represenia- tiona, equally talee and malevelent, they had.partially succeeded in deciguing the people, in different sections ofthe Isiand, and in gaming their confidence and sup- port:.and now, conscious. how very tar hey.were from having it.in their power to fui the promises witch they made at thes, public meetings andven other ocea- 51085, [hey weie. determined by adopting» the. Repurt, to keep up the deteaen =. long. as possible; and,.ouc of doors w make triumphant refvrences to it and te say to the people, “ Louk,at the Repurt., whigh.bas been found correet, and adopt- ed- by the Assombly, and you will see that. we tuld you nothing but the. truth eon- cerning the corsupt:on of the Government, . which we have overthrown.” That war the use which the wajority intended to make, of ityand to some extent, and fora little. time, it might eerve them; but nei ther that mer any ther of their fallacious. schemes and devices, would long eave them, from detection and conjempt, They were aware that it be‘oved them to make good a semblance of truth in, support, of the malignant alanders which they had, with much industry, spread abroad, and on the waintenance of which their ews popularity, ina great degree, depended. It would, indeed, bea breaking down wf the credit, which some of the individuals of that party had obtained amonyet i.e constitvercies of the Colony, should net the majority of the House raily round them to sustain and give effect to the Report

ceedings. And,.as to the old aad often

by vefusing to Mr, Haviland a fair oppo-- tuniiy to disproee. the okarpee. egains.