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LY JOURNAL OF POLITICS,

A WEEK

eee a alleen:

RDWARD WHELAN] ” Vor. Vill.

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——

Provincial Parliament.

LEGISLATIVE COUNCIL.

Appress To Her Masgsty, praying that Her Royal In-

Chis is trie Liberty, when Feee-born Men, having

CHARLOTTETOWN, PRIN

ee

Se engagement

to advise the Public, may speale free.--EURIPIDES.

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UiWer.

LITERATURE AND NEWS.

wcaplipccscimamntianat

CE EDWARD ISLAND, MONDAY, JUNE 27, 1859.

—————

(EDITOR ax» PUBLISHER

partmental officers from occupying seats in the Le

early day, they stating that “ they considered that no time should be lost in order to exclude by legal enactment de- | retiring officers then in the Civil Serviee of this Colony, His gislature,” | Excellency the then Lieutenant Governor, the said Sir Alex- Your Exeellency was pleased in'reply to say that you declined jander Bannerman, should be at liberty, without entering into to call the Legislature together at an unusual period, because in so doing you might be deemed to admit that evils had

. **and also that wpon certain provisions being made for certain

particulars, to reconstruct the Executive Council in such manner

as to include those who possessed the confidence of the Assembly :”

arisen demanding an immediate change, whilst you bore testimony to the prosperity of the Colony under the existing form of Government.

.“* We agree with Your Excellency that there exists no cause for alteration, nor do we recognize any desire for it on the part of the people.

* That in the mean time the offices of Keeper of Plans and Treasurer, filled heretofore by members of this Council, are given to gentlemen having no seats in the Legislature.

‘¢ That, in respect to the Treasurer in particular, the absence of that officer from one or other branch of the Legislature is not only a great inconvenience, when information is required, but withdraws that department from the surveillance of the public, which experience has shown to be so necessary to the maintenance of public confidence.

* Reviewing these circumstances, we beg to draw Your Ex- cellency’s attention to the fact that the Government have a majority in the House of Assembly consisting of those who proposed to Your Excellency their intention to pass legal enactments for the purpose of excluding departmental officers from the Legislature, notwithstanding which no step have been taken to carry out their expressed views on this matter ; and two of that majority actually hold office and remain in the Legislature, yet they have made use of their official positio. as members of Your Excellency’s Government to introduce changes not warranted nor sought for by the people.

« And thus it is proposed to Your Excellency to introduce

And whereas the members of Her Majesty’s Executive

structions may be given for the formation of an Adminis- Counci!,or Government of this Colony, and the principal public

tration in this Colony, to preside over its affairs in consonance with the principles recognised and established by che Civil List Act of 1380],

Monpay, May 2, 1859.

The subjoined Address to Her Majesty, moved by the Hon. Col. Swaszy, was, this day, submitted to a Committee of the whole House, agreed to therein, reported accordingly, and adopted on the following division :

Conrent—His Honor the President, Hon. Col. Swabey, Hon. Mr. Craswell, Hon. Mr. Walker, Hon. Mr. Dingwell, Hon. Mr. Wright, Hon. Mr. McIntyre.

Non-conrent—Hon. Mr. Forgan, Hon. Mr. Johnson.

To vux Queen’s Most Excettenr Masesry.

We, Your Majesty's faithful subjects, the Members of Your Majesty's Legislative Council of Prince Edward Island, in Colonial Parliament now assembled, humbly approach your Throne with sentiments of loyalty and attachment to your august person and Government.

Your Majesty was graciously pleased, in the year 1851, to concede to your faithful subjects in Prince Edward Island the benefits of Constitutional or Responsible Government.

To this end Your Majesty was pleased to give your royal assent to a Bill transmitte |] from this Legislature, and passed on the 23rd April, 1851.

shortly before the present meeting of the Legis‘ature ; and thereapon His Excellency the Lieutenant Governor was pleased to appoint a new Executive Council, with whom His Excellency is now administering the Government of this Colony :

And wheréas His Excelleney’s said new Executive Counci! enjoy the confidence of tle people of this Colony, as indicated by the support of at least eighteen against twelve of the Re presentatives in the present Colonial Parliament :

And whereas all, but one, of the twelve members composing this honorable House have been appointed under the system of Vepartmental Government, by the Lieutenant Governor and His Excellency’s late Council, and a large majority of said twelve are gentlemen whose political opinions are well and popularly known to be in unison with the principles of De- partmentat Government, and which principles a large majority of the people have repudiated as totally at variance with their judgment and wishes :

And whereas the people of this Colouy have repeatedly and unmistakably declared against being governed by heads of de- partments, ag witnessed and proved et the iustings during the last two gears, especially when out of five official gentle- men who have appealed to the people for approval, namely Commissioner of Public Lands, Attorney General, Treasurer, Colonial Secretary, and Postmaster General, one only has been able to procure his return, namely, the Hon. Col, Secretary.

Resolved, therefore that. in constructing the new Adminis- tration of this Island, His Excellency the lieutenant Governor has acted in accordance witn the well undersiood wishes of its

officers therein, resigned their seats and their said offices,

J

“To His Excellency Sir

This Act conceded to this Island a system of Responsible Government similar to that which is in force in Your Ma- New Brunswick, together with Your Majesty's real and persona! property, in exchange for the assumption by this Colonia! Legislature of the payments necessary for the future support of the Civil Charges of Your Mujesty’s Government, as likewise of sundry Pensions to persons indicated by Your Majesty who hid been long official servants of the Crown in this Ta’'and.

‘the conditions of this arrangement have been faithfully carried out on the part of your faithful subjects, and Your Majesty need not be reminded that Responsible Government consists in the members of a Government being respectively members of one or other branch of a Legislature, which is

ihe practice now in force in the before named neighbouring |

Provinees.

At a recent Election, with the details of which it is not necessary to trouble Your Majesty, a smal] majority was ob- tained in the House of Assembly of parties who en leavour to do away with the constitutional form of Government.

A majority, however, having been declared, it became the duty of the former administration to place their offices at the disposal of Your Majesty's Representative.

Their successors have insisted on appointing to all the Department! and most important offices in the Colony persons who have no seats in the Legislature, aud who are consequently in no way responsible to the people, and th Statute whereby all persons accepting office under the Crown are, when members of the Assembly, compelled to present themselves to their constituents for re-clection, is thus evaded, and no parliamentary responsibility exists.

In the year 1854, when Your Majesty’s affairs and the interests of your subjects were watched over by Sir Alex-

ender Bannerman, now Lieut. Governor of Newfoundland, | a similar attempt to abrogate the Constitution was made by

the same ;arties. On that occasion Your Majesty's Legis-

lative Council deemed it a duty they owed to Your Majesty |

und the country to present to His Excellency the following Address :

Alexander Bannerman, Knight, Lieutenant Governor and Commander-in-Chief in “83

over Her Majesty's Island, Prince Edward, &c. &c. d

“May rt Peease Your Excevvency.

“ We, the Members of Her Majesty's Legislative Council

esty's neighbouring Provinces of Canada, Nova Scotia, and |

ingredients of Government from the United States into the jeonstitution of Her Majesty's Colony, to which Her Ma- jesty’s subjects are averse, and which are in imitation of a

circumstances, but in the fact that in a federal union the pretensions of the representatives of different states are very

just ground that their departmental officers are not the ser- vants of the people, but of the President.

« We, therefore, pray that Your Excelleney will be pleased |to interfere and avert, in such manner as to your wisdom imay appear best suited, these impending evils.”

After the ensuinz prorogation, this was followed by TIi- Excelleney’s dissolving the then House of Assembly, and after the election of a new Parliament, the departmental officers were constitutionally appointed from both Houses o! ithe Legislature; and we know that His Fxcclleney Si

Alexander Bannerman’s prompt decision in this matter was honored by Your Majesty’s Royal approbation. The some- | what adventitious circumstances of two very recent geuera! | elections render a similar course unadvisable in the present

instance,

But ff. in the year 1854, there existed powerful reasons he so decisive a step, those reasons not only exist at the i present time in their fall extent, but much has been added \to aggravate the injustice then done to this branch of the | Legislature; for, at that time, there were in this House two |members named to take their part in the Executive Govern- ‘ment. At this time, although there are two honorable gen ‘tlemen coinciding in political matters with the majority in ‘the House of Assembly, and one of whom is now selected by | themselves, the framers of the Government have not con-

}

tive Government.

' And here we think it proper to assure Your Majesty, that though a decided majority of this Council does not, in general. agree in opinion on public measures with the majority of the jmew Hovse of Assembly, notling can be farther from ovr ‘thoughts than to interrupt by our votes the legitima‘e proceed- lings of the [louse of Assembly. if such an intention should ibe alleged against us, we can but deny sts veracity and appea! \to the Journals of our House in the year 1854, when parties land circumstances were relatively the same, for its refutation.

system probably having its crigin, not in any analagous

difficult of adjustment, and which is moreover accompanied | by great and acknowledged practical evils, and is known to be disapproved of in the American States themselves, on the

Jescended to acknowledge the existence of the Legislative | ‘ ° . ’ © * j | Council by placing either of these gentlemen in the Exeeu- |

-

inhabitants, and that there exists no law or constitut.onal rule, in thie Colony, which demands the presence in either branch of the Legislature of any of the principal salaried officers of the Government ; and that to require any of either of such officials to be brought: into the Legislature against the wishes of the people {who have found from practical experience that the departmental rule is totally inapplicable to a Colony of such limited advantiges for carrying on that form or system of Go- verument) would be unwise anda breach of that fanh which was established between this Colony and the parent kingdom, when Her Majesty was pleased to concede to it the advantages if Responsible Government.

Wepvesdiy, May 18, 1859.

Hon. Col. Swasry called the attention of their Honors toan \ddress to Her Majesty agreed to elsewhere, having reference .o the Address to ter Majesty agreed to by the Legisiative ‘ouncil, on the 2nd instant, which said Address agreed to elsewhere, went, in one paragraph, as he had been credibly in- formed, to napugn the Correctness of a statement mde in that f the Legislative Comffti] respecting the influence which an Address of the Legislative Council to His Excellency Sir \lexander Bannermon had had npon his mind ; and moved the ipp-intment of a Commitiée to prepare an Address to His Ex- cellency Sir Dominick, by means ef which their Honors nrigh! be enabled to free themselves from the imputation of misrepre- senting a fact in their Address to I[-r Majesty, vhich he understood had been castupon them ‘The motion, aving been seconded by the flon. Mr. Watker, was agreed to, aud the Hon. Col. Swabey, Hon. Mr. Hutchinson, and Hoo. Mr. Bag- nal!, a Cowiitiee accordingly.

‘ 6 R. B. irvine, Reporter.

vere appointe j

+t aoa F-

HOUSE OF ASSEMBLY.

SUMMARY OF PROCEEDINGS. *

ELECTIVE LEGISLATIVE COUNCIL. ( Concluded.)

Hion. Mr. PALMER was long oprosed to an elective Council. It was mooted a long time back, and he had given it his opposition. The hon. member, Mr. Cooper, has had a variety of changes in his political life. He had changed in all things except escheat. A Council elected by the people would not please him, and it was some time before he agreed to it. Ite had thought the more independent the Council was in its construction, it more nearly approached that of the mother country, which we were supposed to copy.

shape as would ensure its reception in the Council. He did not know what his hon. and learned friend, Mr. Haviland, thought of this suggestion, but he knew it was their duty to pass it here, and then they wili bave done their duty and fulfilled their promises to the people. Aind if passed here, it must not be in a distorted shape, to please the minority. [f they did, they would be looked upon as hopeless—having a large majority, and shaping the bill to meet the views of the Council, who act’ in concert with the minority in this House. It was the duty of the House to pass it, and if in its present shape they should mot send it to the Council to be mocked—he would take snother method of dealing with it when necessary, and one which he hoped would prove effectual in bringing it to a successful issue. The Hon. Mr. + Coles consented to the principle, and was willing to coquette a little. His reasons were, that it was subject to abuse— made the vehicle of unfair traffic; seid seats were bought and sold—alluding to a gentleman who had retired tke other day-—which ouly illustrates the evil of the system, and proves that men of talent and ability would not trifle away their time by remaining there, and those who remain are but little worth to the country. [He felt it to be expedient to pass the bill. It wasnot necessary to go over the grounds which sanction its principle, or to add anything in support of the very excellent aud convincing arguments advanced by the-Hon. Mr. Haviland, in introducing it to their consider- ation. It had his hearty approval, and if passed in its present shape, it would not be nece-sary to send it to the Council, but wait anoiber session, with better hopes of sUCCCSS.

Hon. Mr. LONGWORTH wou'd not occupy the time of the House at much length, in stating his views of the Bil’, They were ali agreed on the general principle , argumet t was, therefore, unnecessary, more especially as the hor. mover had advocated the uecessity of the measure in the clearest and most convincing manner. ‘The only objection was to the details. The nominative system by the Crow: had been found unsuited to the conditions of the people in all the Cclonies, and the British Parliament, with al! the most eminent of British Statesmen, had acknowledged the fact, expressed themselves in favor of the clective prineiplr, and recommended its adoption. They had been tcld th: t the House of Lords in Englarfl was a barrier against tle power of the Crown in trenching upon the rights of tle people, and that the Upper Chamber here had theitie effect. There was not any analozy, however, between thetwo’bodie: ; tthe members of the one were, in most cases,.hereditary, wealthy and independent ; those of'the other, without pesitior , wealth or talent, who exercised little influence in the country, and were appointed to serve the purposes of a party, not the interests of the people, or to promote the good-of the Colony. What an anomaly! to behold those men witlr political fee!- ings in accord with the minorty of this House, cppesing ard obstructing the wishes of the majority of ths pepular branch, who truly represent the wishes.and seutiments of the country. The priuciple of the Bill —elcctive—was admitted as a neces- sity ; its machinery was highly popular and demoeratic. The whole Council would go out at the end of nine years, afford- ing the people an opportunity, at intervals, of exercising itheir political franchise in re-constructing:it,—mouiding it jin “accord nce with the popular will—a grect boon to the | people and the country compared with the eid system, which had produced only divisions in the soeial-compact, and afford-

ed men the power to rule in opposition to the wishes of the | people. The present majority had, however, pledged them- | selves to abate the evil. Tbey had gone to the couutry wit! | this as one of their political professions ;; they bad come back jagain to this House in greater numbers. The people ex- | pected they would do their duty, and the peop'e should not ibe disappointed in their expectations, Lt was very strance | to see with what case men changed their principles ; as long |as there was a hope of remaining in effice, the elective prin- jciple was opposed, the nominative system continuing the | tenure ; but when the prospect of official station seemed fain: jand dim, more popular notions were entertained, and when | official personages sunk to private station, pepular principles |are proclaimed. The elective principle was admitted, the only objection: was to details. Lt waeobjeeted that Queen's

‘should not have as many members as King’s and Prince

‘of Government wes understood to be Responsible Depart-|

{Ic had opposed it, because be thought it would contain too

, Da ;: , : | The imputation can have no weight until it is borne out by our Prince Edward Island, are desirous of calling Your) g t | Eixcelle : much of the democratic element, and believed that the nomi-

: . ' : | proceedings. , Excellericy's attention to the recent appointments to offices | To suin up the groun?-work of our humble representation,

in the Government of this Island, made, as it appears to us, we complain of a total exclusion from the Executive Govern- | in violation of the compact entered into on Your [xce!lency’s | nent of the Colony. P arrival in the Colony, and calculated to deprive Her Ma-| We beg most dutifully to lay before Your Majesty some jesty’s subjects of the form of Government at that time fastoes facts. of» bah + anaes ta. oe 0. ka. pee hpupten Ai7 i ’ aj s i is take care tha our Majesty shou! rem: a ; ae eames ce t ag te sr ee ; population so nis’ 3 this, it has been a just policy er Majesty's

“Ww ide ourselves just fied in believing that the form not altogether to exclude from the administration of its sffairs * We cousnier s

, Counties. But it had been shown by the hon. mover, that

nation by the Crown would keep us nearer the system of the | he was justly entitted, by her wealth and population, to the home Governinent, He,saw, however, “that was unGt for| Proposed number. If the proposed distribution were unjust, this Colony. He was rather slow in arriving at this con-| T4Y "#8 4 sya still more unjust patient $0 eoutuins clusion, and not so fast, as many of his friends desire, in| neath the rule of those who now complain E. Queen $ had ¢ changing his opinions—in pursuing a different course, Bat | ge iy oe ones by ecay ge mie, o _ ~ -_ be- looking at the practical results of the nominee system, and} ms wap eerguen £A70 “t a ee - - _ | particularly under Responsible Government, he was con-| under the clective pricciple to what they enjoyed under tre

vinced that it should no longer exist. In Great Britain, the| 2°™Iative system. It had also been suggested to frame ithe Bill in such a manner as would ensure its success pot

: nes sau

71,000, as appears by the Census taken in 1850.

mental Government, as in our estimation will be made evident |

in reference to Your &xcellency’s Speech on your first meet- ing the Colonial Legislature, as well as to the Act of 16th Victoria, Cap. 8, in both of which documents the nature of

the Responsible Government granted was explained and described to be similar to that then in farce in the Provinces

of Canada, Nova Scotia, and New Brunswick—a construction

In the late Executive Council, out of nine members, there In that just formed there 1s not

; | were three Roman Catholics, (one.

As things are, we, Your Majesty's dutiful members of your! ago—since party , Legislative Council, and all your faithful Roman Catholic sub-| Colony—they bad surrendered their consciences, and were | ts, are excluded from any share in the Government of the | gonsidered as not diseharging their duties, or exercising their | |functions properly, unless they became the nominees of the House of Assembly. The principle of nomination by the}

/jec | Colony.

We need scarcely remark on the daily difficulties thrown in|

ithe Roman Catholic population, consisting of 32,000 out a

which has received its confirmation from its being so practised | ,,,, was of all Legislative business by the absence from this |

under Your Excellency’s auspices up to the time of the fouse, not on!

recent chan ze of Government. : “ The conditions imposed on this Colony as their part of the

compact, have been faithfully performed, whilst the proceed - | ings of Your Excellency's present advisers give us Just cause |

to apprehend the departure from that compact which in our

opinion was entered into on the part of the Crown.

« We are prepared entitled to the possession of the Government, and readily | acknowledge that were it not that Her Ma/esty’s Royal allowance to an Act creating an entire new Franchise not yet acted op, connected with other circumstances, points out)

that the existing House of Assembly is not a true lepresen- |

tation of the people—it would be the duty of this House to}

give Your Fxcellency’s Government a constitutional support

Were it sougut on terms honourable to the Members of this |

Council. “ That no! withstanding the efficiency of this branch of the’

ia sensibly affected by having no adequate share

in the Government of the Colony, we entirely repudiate the |

supposition that to a Government constructed on those princi-| ples which we conceive to be constitutional and responsible, | any difficulties would be offered by any majority of this)

land, which might differ from that Government, on less im- | Portant political opinions. :

- We tether se to refer to Your Excellency’s Speech at, the opening of the present Session, when you were pl tO.state that you had received a requisition from several Members of the Assembly, to convene the

Legislature qa a0,

y of all departmental officers, but of any one}

| whomsoever who can answer the smallest practical enquiry |

‘either regarding administrative affairs or the proceedings and

| intentions of the Government. | ’

that Your Majesty will be graciously pleased to give your Royal

‘instructions, that an administration may be formed to preside to admit that under the system conceded | over the affairs of Your Majesty’s loyal subjects in this Island

to us, a majority of the House of Assembly is conatitutionally |

in consonance with Your Majesty’s gracious instructions at the

\the House of Assembly.

| use (that way.

second branch is an independent body, derived partly trom |

the Crown, and partly from property, rendering them free} °/¥ 19 the Council but also with the Home Government.

to act independent of each other. Not so here, for years | Government had become the rule of the|

Crown had become quite uselsss, for unless they harmonized | with the popular branch, they soon ceased to be. This was}

the proper view of the principle, and when this was the case, | there could not be any independence—it was gone—their |

Under all these circumstances, we, Your Majesty’s faithful | ytility had ceased—they only became an echo to the voice of | | subjects, members of Your Majesty’s Legislative Council, pray

So soon as you oppose the popular | branch, you oppose the other branch also ; and of what eartaly | is it while kept in this manner? It should not exist in| It should be free and independent, to exercise a|

time when your Royal assent was given to the Civil List Bill | check upon this branch of the Legislature in times of excite- |

passed in this Legislature 23rd April, 1851, and the compac then so generously entered into by Your disturbed.

Hoy. Ma. Jounson’s Proposep AMENDMENT.

Whereas, by a ary, 1851,

reise: If the members were even the nominees of the) Majesty may not be British Parliament, they would require a re-organization ; | ithe time for change had arrived, to terminate the abuses of ; | tbe system. This could only be effected by popular election, | Despatch bearing date the 3ist day of Janu-| which would ensure gentlemen of ability aud independeuce | addressed by the Right Honble. Earl Grey, tler to co-operate with the House of Assembly, in carrying out)

Majesty's then Colonial Secretary, to Sir Alexander Banner-) measures of public advantage for the benefit of the people.

man, the late

| was pleased to disallow the Act passed in ihe previous year by

the Colonial Legislature of this Colony, to make provision for

lthe Civil List thereof, principally on the grounds that the said |

Act contained a condition by whieh ‘a system of Responsible Government similar to that in force in the Provinces of Canada,

New Brunswick, and Nova Scotia, should be granted to and, be dissolved, and re-elected at given periods, __| principle were admitted, the details would follow. nd whereas by the said Despatch, Her Majesty's ssid been said that they would not assent to the bill ; he did not expect they would, as they would find very great difficult; in getting a constituency to retain them. duty of the majority to pass it in such a way as should

established in this Island :”

A Colonial Minister was pleased to deciare that ‘‘ the grant of

Responsible Government had never been embodied, as a con- dition in similar Acts, and that 60 much as related to the said subject of Responsible Government should stand, as_ was the

i Joloni 2 lease the country. the other North American Colonies referred to, on the | P cour t faith of jdent,} part wominative aud part electiy

faith of the Crown : {** Hear '” from his fYonor the Pres

Lieutenant Governor gf this Island, His Lordship | T_ was to be hoped, that these advantages may be obtained by appealing to the country, and that men may be found, possessing the requisite qualification, to assist in ushering in| a better state of things than has hitherto existed. The pro- posiijon is, that when the bill would pass, the Council will

If the It had But it was the |

Some think it would be better to begin

e—to send it in such 3)

He nad no fear for its reception by the British Government ; he entertained no hope that it would meet the sanction of the Council. Their duty, however, was to pass it; the Act would satisfy the country in the prospect of terminating 1 system of government in this Volony which had proved so obnoxious to the people, and had beem condemael by the Ministers at home as unsuited to the circumstances of this country. He felt bound to support the Bill, and if passed in its present shape by this Liouse, he had no fears of its final success .

Hon. Mr. COLES—It appeared the hon. gentleman who spoke ast had prepared a speech in expectation of receiving opposition from this side of the House, but he was disap- pointed. The minority had said nothing against the principle of the Bill. It was doing very great injustice to the Legis- lative Council to say that they would in every case agree with the views of the present minority. Look at its present constitution, and look at the appointmeuts of the late Govern- ment. The Hon. Charles Young, and Col. Swabey were appointed by the old Tory Family Compact ; Mr. Forgan was a Tory, and appointed by the late Goverment ; Mr. Hutchinson, if not a Tory, was at least a steuoch Conserva- vative. Were these improper appointments? Lovk at the appoiatmenut made by the present Government. He was certain that Mr. Jobnson had as much thought of being appointed a Legislative Councillor as he had of leaping ovec the moon. The present Government had 4 to 7 in the Council, 3 of their own nomination, which proved the out- cry against the Council is not so rational after all. But men would not be allowed to change their principles,—to adopt different opinions now from those they formerly enter- tained, but still remain dependent upon the will of the Assembly. Yet Legislative Councils bave proved them- selves to be independent. See what had oceurred in Canada the other day ; the Council threw out the Appropriation Bill. Were they sure that they would vote the Appropriaticn