HASZ_ARD'S GAZETTE. APRIL 13.

be dosi atcd the paper girrency Their nglfivity occurred in the ravest and as was believed the most religious o the Colonies, hlil!lSIl(‘lIuN:ll.'4. That colony was at the also time, strange as it ma a most warlike ” A in.

“ The bills of credit, however, notwithstand- ing the colonial pledges, soon depricatcd and gave birth to that pernicious variety of our- rencies, that is to say, ditl‘ei-criee’s between ppr valcipps, which has not yet

in men .

T are are many other similarly instructive testimonies to the evil clfects of these Notes, but I will not trouble your Honors further but con- clude by moving that this bill be read again this day six montha.——(To be continued.)

first exchanged. They might well of are my

HOUSE OI‘ ASSEIBLX, Ir. Hacan.l.s‘y's active Lo ' lativo ounal Bill. kn (Dshse cuatiamid from Hasxard’s Gasstte, No. 21.) Hos. Ms. Cons. Had he not known that the

‘hon. member (Mr. Macaulay) had introduced

the Bill, he would have imagined, from the bearing of his remarks, that he was opposed to the measure. According to the hon. membcr’s own showing, and his own ex lanation of the principles and working of the ritish Constitu- tion, of lords was an intermediate body between the popular branch of the Legis- lature, or democracy, on e one hand, and the kingly power, or despotism on the other, and its province was to kee be nce, between those extremes, even. e House of Commons, or our mbly, as the Representatives of the pie, mi ht yield to po ular clamour; but the mum of lgfldl, or our gislativc Council'_ as existing independently of the ul_ar voice, could interpose to prevent the evi s which might arise from the submission of the House of Com- mons, or our Assembly, to clamour from with- out; as a few days since had been evidenced in the conduct of some hon. members of the House, who changed their 0 ‘ ions on account of the demonstrations made y the Sons of Temperance, their regalia, and brass hand. But if the alter- ation proposed by Mr. Macaulay should be made, the intermediate, or balancing power, between the people and the Crown, would be wholly de- stroyed: for both the Assembly and the Coun- cil would be alike open to pular clamor and importunity, and the one quite as likely to be borne away by it as the other. so that an undue preponderance being given to the Representa- tives of the eople, the democratic element would become the ruling or governing principle. The hon. member (Mr. Macaulay) says he has brought forward the measure because circum- stances have made it necessary; but he has made no attem t whatever to show in what way circumstances ave proved it to be necessary. It was true that the Council had, at times, 0 - osed acts of Legislation which the Assembly d deemed wholesome and expedient; but, in doin so, the had only exercised a power with whic they ad been wisely invested b the Constitution; for it could not be denie that that branch of the Le ishiture which was direct- ly influenced by popu ar clamour and importa- nity, was, as being directly amenable to popu- lar ‘udgment, more likely to be precipitate in its legislative determinations, than which was constituted independently of their will. Since the introduction of Responsible Government, it was, however, very worthy of notice that greater harmony had existed between the Council and the Assembly, in their legisla- tivcca cities, than had ever, perhaps, revi- ously n observable in their procee ings. But should the Council obstinately resist any measure demanded b the people and sent up to them, for their sanction, by the Assembly, there would still be found a remedy in the Constitu- tion. It might, perha , be necessary, in the lirst place, by repea elections, to prove the will and determination of the pie to be stea- dily and resolutely set u n the accomplishment ‘ of wlmt was refused by t e Council; and should that body still resist, an extreme, but still con- stitutional course might taken to overcome their resistance. The Assembly, holding the purse strings, might stop the su plies ; the Go- vernment o he Crown, as Earl ircy threatened to do, with respect to the House of Lords when they rejected the Reform Bill, might infuse into their composition so much of the po ular will as would reduce them to reas ii; or t ey might be dissolved, for they wer not beyond the wer of the Crown or an Act of the Imperial rlaiment, But, under the present respon- sible system, his apprehensions concerning any such emergency were at very small. He doubted not that the will of the people being clearly manifested, and steadly urged by their l0&l'9I0llNtlYOS, would here, with respect to the uncil, as in England with respect to the House of lords, in the and produce the de- sired cfet, and the Upper House would per- ceive the wisdom and necessity of yielding to the wishes of the people, as constitutionally expressed througly their re resenmtives in the lower House. are the uncil, however, to be elected by the people, as well as the Assem- ly, of them, deriving their authority from the same source, the power of correction, in the event of any obstinate disa cement, would be no where to be found ; and t e U per House, ing the chosen representatives oftzhe Peppls, as well as the Lower House, might, wi evident propriety‘, sit and vote away the public men which a Assembly alone could now . e Hon. member (Mr. McAulay) had endeavoured to show that the introduction of the elective lfibdm here, with res t to the Council, would no innovation of e British Constitution, because some of the Peers in the House of lords were elected to their seats there. His parallel however would not hold. The majority of the House of Iords were heridilary members, an those who were elected were Scotch or lrish Peers, chosen by the Arlstccracy of their own counlrtyato represent them in the Upper House of the gislsturc ; but they were not chosen by the People, or the Democracy, as the hon. member rc sod the Le slatlve Council should be here. he hon. mem r said that, in briu ’ng forward his Bill, he had not been induen b any restless desire for dnngziizut unless s were actuated by some such , lie (hon Mr. Colss) could not tell what cause he was mo . Why, after the ‘M08 stem (wich was in hot the resli of British sstitution) hsdbssuiutrcduce , and after it had foun so conducive to the harmonious working of the difi'sren_t Branches oftlio hire, such a Bill was introduced, unless it were allowed to have had its_origin, restless desire for change, or is more pvsrnmant; it would bshardforsnypsrsosto l|- Sill“ introduction of that system, no obstacles the course of 'slatiou; mas»

h. the

I I I I ‘ I I ;.*.°.-J’... .,..":';;‘;.-.;.".*.'.:s°-.:-.: -.:.::.:

esced in by the Council ; and, in the present ses- sion, they had agreed to the loud Purchase Bill ——and, to the One-ninth Bill, which they reject- ed in a former session, they were now prepared to ield. ' Other measures also ofa mil re and po uliir character would likcwisc,lic had no don t, find acceptance with them; and there was now abundant reason to believe that, having at length had conceded to us the reall- ty of the British Constitution, it would hate work, through the Legislature, no less advan- tageously for the Colony, than it did at Home for the people of the Parent State. But, grant that the Council should refuse com lianee with any of the measures of the Assemb y, as think- ing them either extravagant or unmund;_m would oiil be cxercisin their constiiuti . power, an interposin t at check to popular or hasty ‘legislation, w ich it is their 00900181 province to apply; and it would be the duty of the Assembly quietly to submit to that check until, in another session, fortified in their de- mands by an expression of public sentiment in their favor, they could again urge them upon the Council for their concurrence. deed ma_- ny cases of legislation might occur, in which it would be the bounden duty of the Council to oppose the determination of the Assembly. Ber instance, suppose that House had complied with the prayer of the Petition of the Sons of perance. and had passed a Bill for prohibiting the truliic in ardent spirits, in this (klcny ; would it not have been right in the Council to reicct it, on the grounds that it would be uncon- stitu tional to pass so arbitrary a law, unless ub- lic opinion, with me ct to it, had, first, I: suflicicntly tested, an there had been, through- out tlie lon tli and breadth of the Island, the most unequivoca and irect emonstraticns, on the part of the people, in its favor? When any eat or fundamental change was to fee in society, or in its political constitution, an appeal to the people was held to be absolutely indispen- sable. V 'ith respect to the introduction of Responsible Government, the wish of the poo le had been full ascertained and made mani est beyond a doubt; but, as respected the funda- mental chnn in the constitution of the Legis- lative Council, contemplated by the Bill of the hon. member (Mr Mat-aulay,) not one consti- tuency in the Colony had declared in favor of it; nor was it su ported by a single Petition to the Assembly. but such a change was necessary, the hon. member had indeed eclared; but, in the course of a set and rather lengthy speech, he had not produced even one solitary argument to prove the existence of any such necessity. Responsible Government, on the most ample basis had been concededto us; and it was evidently working to the satisfaction of all arties. The party at present in o ition, should they become the inajori , won not, he believed, endeavour to set asi e that system; but, in all its bearings, there was, he thought, every reason to believe they would fully carry it out, as their predecessors in power had done. With respect to the constitution of the Legis- lative Council, under the Responsible System, the principles of that system were operate to the fullest extent com tible with the preservation of the British onstitution. When any vacancies occurred in that body, the Head of the Executive filled them up b the advice of his Council, who were responsible to the poo le for that advice and the consequences ofit. Could the hon. member (Mr. Macauls ) have shown that the appointments, recently made to the Le 'slative Council, were not acceptable to the people; on that fact he might have based one reason in hivour of the chan‘ . But the very reverse was the case; and the hon. member had not been able to bring forward a ‘single or ment in favor of his scheme—a scheme whic was not in accordance with either the Constitution of Great Britain or that of the l'nited States of America. In Great Britain, as all knew, the Lords were not an elective body, as the hon. member (Mr. Macaulay) sought to make our Le 'slative Council ; and neither was the Senate 0 the United Shtes of America. Should be (Mr. Macaulay) succeed, in creating or us a new nstitution, according to his wish, it would certainl be one of a most anomalous and mongrel escription. The hon. ntlemnn then concluded by moving, the fol- owing Resolution. ~

Whereas the Bill not being compatible with the principles of Responsible Government, so recently conceded to this Island, in accordance with the British Constitution,—'l'lisreI'ors Resolved, that any attempt to unsettle the present Systamof Go- vernment would be irnpolitic: and that the consi- derslion of the Bill be postponed to this day three licnlhs.

Mr. Hsviusn. He was sorry to have toriss to correct an assertion of the Hon. the Leader of the Government. That hon. gentleman had 'ust said that the application of the elective princip s to the constitution of the Legislative Council, would be contrary to all precedent and constitutional usage, both in Great Britain and the United States of America. Now that was a mistake; for when Msssschuseis, Connecticut, and Rhode Isl were Colonies of Great Britain, their were elected by the people--the Charters of those Colonies securing to their inhabitants the privi- lege of electing the members of their Legisla- tures, in both branches--in the upper sswell as in the lower; and the Senate of the llnitsd States was, and had sl ways been elected since the esta- blishment of their Constiiutlnn.

Hun. Mr. Cous. He had said that the costs of the United States was not s|scted—mssning that it was not chosen by the people. was well aware. composed of Senators from State. chosen by the Legislature thereof : but that was not popular slaction, such as the Bill proposed to establish here with respect to the

Council

Mr. Macscmv. e of the hon. the leader of the Government reminded him of the dilemma of Shakspear's smrvod spotheeary, and the apology of that character for doing that which his conscience condemned. In his (lion. Mr. Colos's) opposition to die Bill, it was his iiecessi and not his will which directed his course 0 action. The hon. gentleman Coles) called upon the House to put fai in Responsibli Government: and it was to be ad- mitted thr titwasqulte natural for him todo so: he claimed to be acknowledged the father of that system ; and it it was satuul fiir a man to support his own child. As to the c ' which the it sp

9-

5"

33.5:

siofi. e hwr;i “Mfl filial; the hair. a emau to Bill ot‘Nova Scotimflsaoibjsut K the same as that of the Macaulay) had had r

sltliough some or im provisions were dlsslmihr sipddtlat, havln conpiall h h‘ F‘ in ii an _ , cos c s gslast a principle in the one: when he

at he was sposkiii sgssl: of thsotbet. [she I!ov

YOII V. O toths c'co§d1 voles,

.Ivro: hsvssd-isbu

of his c ' _, if not his test obhction to the iresubbfifcde of eons tuting the Legislative Council, ns that, almost of necessity-_, it true mcipa ly composed of gentleman, resident . in rlottetown, or its immediate vicinity. Nine

of the present Council were so eirciimstanced with to residence ; and some of them, he believed, were entire strangers to many ts of the Island It was impossible that suc men could have a ccmisunir of interests with the ' is in ncral; and, erefore, they were not ul qua itied to sit as their lc gislators. 'l‘ Bil proposed to remedy that fun amental defect is the composition of the Council. By provid- ing t each of the three Towns and each of " he Electoral Districts should elect one Le isla- ' ' tall shonl ' for

6

. “V9,. ‘ s their legislative services, at the same rate, and

~in_ the nuts mom of the Assembly were paid; men would be found. in the ' out sections of the country having

their own interests closel identified with those amongst whom they resi d, who would be wil- lingrto accept of seats in the Council, and who, as the expenses would be provided for, would not think it too great a tax inipoae upon them for the general good, and the protection of the par- lcular interests of their own localities, to devote ir time and abilities, for two or three months n the year, to the discharge of the important and honorable duties of legislators : and thus in the Council would no lon r be found ex- rcising legislative functions on deciding con- eernin local interests of which they had little Dr no nowled The hon. the Leader of the Government ha objected that public sentiment eoncerning the measure had not been sufficient- y ascertained: but he (Mr. Macaulay) would iefiieave to remind that hon. gentleman, that re d given a full ear’s notice of his intention lo bring it fcrwa pie time

; and that, therefore, am- n aflbrded for consulting the people at large. A in, the hen. the Leader of he Government h spoken of a dissolution of the Council, in the event of its, at any time,con- tinuing obstinately to resist the will of the pie, as expressed through the Assembly, their direct representatives. Such a proceeding would, however, not only be a violation of the Constitution, but in his (Mr. Macaulay’s) opi- nion, it would be delptrilistilye 0lI;lllt1.be§(|)lC, for so arbitrar an act, s on is ’ me law, no occasion could arise ; for the Council as well as the Assembly, being directly chosen by the pee le, both would be diroctl influenced by pub ic sentiment; and the two cgislative bodies could, thereicre, scarcely, by any possibility, so ofiposed to each other, with respectto gene- ral po c that legislation would, thereby, be brought too need lock. Agpresent, as all vacan- cies in the Council were fill up at the dictation of the majority in the Assmbly, that majority exer- cised an unconstitutional control over the Upper HOIl.0.Ind,.lllBI'|5b,, destroyed the balance of the Constitution. So lon as the Council. should continue subject to such control, they could not mire. independent action a a public questions, and the majority which re ed in the Alsfllllbly wmild, in fact, rule in the other Chamber also. To restore and preserve the just constitutional balance between the two Houses of the Legisla- ture was lhe 0l)]8¢l of his Bill; and he felt persua- ded thst, to every reasoning and independent mind, it must be evidcntlhai, neither in Ihis, nor in any other colonial legislature, could that balance exist indspetlidsnilyhofilps s plicsticn ol the elec- tivs princi e to I e gi iive Council. The ecessity of) it must be quite obvious to the com- monest understanding. The Council, chosen by the people, would always be open to the direct influence of popular sentiment; but, at the sums time, as bais chosen by a class of electors whose electoral us ifications were higher than those of sAlector;lw olpould votlpl only for ipzmcbznrs of the sum y, t e won as l ‘ slitulion required they s ould bs—s distinct body, indepen- dent of the Asomhly,and‘ at all times free to tail; indepsndspt action upon public questions. on. o s. e n. mem r or Georgetown (Mr. Macaulay) had introduced his with ahspeepll;—a sprphof ho1ipily,Jcng anld u enoug to vese ema to es. 1; was indeed a most uninteresting and liiirren afliir, no information and destitute of every in l e argument. finch an innova- tion :18 bthe B proposed shguld havef been sus- tain some reasons on t e rt 0 the intro- ducer; ut he had not adduc even one reason why it should be entertained by the House. The discussion which had arisen out of its intro- duction wss, however, irregular ; for the details of this; measure bocpuld not ro rly come under cons eration ore its rinci le had been ad- mitted : the sooner, there ore, t e House should gplt out otijltho ip-regulapipy ltlllllb bvghich tlplay had a ow emse vesto , e tter. ewas phtahloss to tplolr ipmwhafi‘ lay ‘the Objflghjtfil: of e on. mem r. can to t c 's- latlve Council as it was at presdiit constitutgeld. Did he disapprove of it as being too democratic; or did ‘halt; t to it, beocdausc it vlvlasftoo aristo- cratic. s can emu it on t e ormer so- colpin: he hadopierminll be’ zkendthefmeans by wcarem con ecte;orm' it elective woul undoubtedly have a tendsnc thcrtoin than ' ' '

ra

ed as adefect in its composition. But if he (Hon.Mr. Po ) understood the hon. member arigfit, he 0 jected to the Council because he ought it was only asan echo to the sombly. That gentleman who had lately been appointed to vacant sea in the Councils, were by the Government, thought to entertain politics views and sentiments in harmony with their own he was uite free to admit. The hon. member (Mr. scsulay) would surely not

rnment '

have expected the Gov the Council whom the knew to be hostile to their licy. No: in ii ling up the vacancies in uncil, the Government had only acted with a due regard to e furtherance of the political princ has by which they were them- selves govern ; and as, in such cases, over vernment would act, who sincerely desired e auocess of such public measures as their pcli _~lsd Ihfi hi rsc whic the Government had pursued here with res _ tosuch appointments, was recissly slmi r to that pursued by every Britisli Admi- nistration in similar cases ; who, on no occasion, so to colhr the privilege of seats in the House of lords on an but Iieir political friends, unlsssasarswa fordistia ished a services. Nay, cars were ey to a inst the exercise of any adverse in- sacs umgsrswhsrsitmi tlisves tandencyso ctths prdysss of air polipz, that on the Govsrnmsnt’s passing from o ofouaofths two great patios inths Btals,‘ into those ofths other, it was a hot well that Hat Uajss had raq

'5

clwsss,snlsstssss.iobssi

ap, and the Oh

Govarssrpaiddatrsacstothsrsccasiaridsti

ofliis constitutional advisers. His Excellency laid before them the names of certain individu- als whom he might think eli vible to the sp int- ments ; or ihe reverse was t e case, iind t 0 re- comnicnhtions proceeded at once from his Go- vernment. If the Government objected to the appointments which llis Excellencey felt dis- d to make, others were substitute lieiii linving the approbation of his Council ; if His Excellencyinsisted upon appointingmen with whom his Government were not m ' ' , the resigned.—Tlic hon. gentleman then proceeded to say, that, if the Council were not sullicieutl independent as at present constituted, be con d not see how their being made elective could