BUEN IB Rs

A Weekly Hournal of Politics, Literature, and

“This is truc thei y, when Freeborn Men, haying to advise the Public, may speak free.”---Euripides.

Charlottetown, Prince Edward Island, Tuesday, April 3, 1860.

Vol, X.

_——

a ———<—

New Neries.---No, 12.

—_— eee ———- = - -_ _ 7 —- —— = — - -ao - — —_ j - . (9 | is Bi i i : ive © il, i “and such Assistant . . x ° ments contemplated by this Bill, with a view to the more | Exceutive Council, it goes on to say an a 4 r 0 Vi n 4 l a | 5 a vl 1 a ni t N ‘ | speedy despatch of public business; and so, I am sure, will | Clerk or Clerks, in the performance of their respective duties, S — jthe country at large. LEGISLATIVE COUNCIL.

;made, such dispatch will be ensured ; and besides the Clerks! cutive Council.” TaursDar, March 1, 1860.

SPIRIT OF DISCUSSION ON CLERKS’ SEPARATION BILL. IIon. Mr. Patwen moved (order of the day) the second read- ing of the Bill muruled “ An Act for separating the offices o { lerk of the Executive and Legislative Council of this Island,

Now who this Clerk of the Executive

which they now stand—alihough the salaries, owing to the > diset present oes drain upon our oma will not be quite so| from it that he is to be one cee oe re the “high, as perhaps, generally both the Legislature aud Go-| Colonial Secretary. If so, g leave to — ula - vernment, were our financial prosperity more decided than | hon. and learned friend, Hon. Mr, Palmer, having seen an it is, would desire to make them. ‘The salary proposed for| practically acknowledging the necessity of having Se 4” His Honor then, the Clerk of this Board is £75 per annum. This is very | nial Seere’ary in the ry are He aaa ond for other purposes therein mentiones [onor the Presiden’, low; and, perhaps, it is not sufficient to ensure the services| be in the Legislature ; but as the party in power are a y on receiving & bint to that effect es oy ~ to in-|of such an individual as the Government and this Board | coming round to our views,—the views for whie on sta’ed the reasons which had in a } its several provisions. would wish to see in the office. Your Honors would not,| almost going to say we fought and bled in 1850—we shall, wareeg i ate k te ont ole plainly indicates, has for [ am sure, be satisfied to sce the office filled by any other| perhaps, before any gréat length of time shall have elapsed, ate * maar ini edeenor er tos offices of Clerk of the than a gentleman and a scholar. But as for the discharge| find him there also. Nay, now that the light of true res- Paoeaiiid Couneil and Clerk of the Legislative Council, and | op iy, daties, there will not often, it is prebable, be required ponsibility in Government nee to a 7 their providing that these offices shall no longer be held by ome more than three months of the year, the gentleman holding | minds, and we find them ready to make practica f Poste and the esme person, as, by the present Law, shey are iust | it may perhaps find other employment for the remainder of | of our views—our liberal views—we may expect that, before to be held. You are aware, Mr. I =e Te btn dale the year, The salary proposed for the first Clerk of the} long, they will also take steps to give the Colonial Treasurer ee, See na roe tee salary of Executive Council, is £2U0, and that for the second or|a seat both at the Executive Board and in the Legislature. a ta pt { lastesses Councils, as com- assistant Clerk, £100, per annum. [is Honor then apolo-| I congratulate my hon. and learned friend, Hon. Mr. Palmer, the Clerk of the hee gs £120 ; but I believe a very short gizing for the length of time for which he had engrossed the! upon the coming change of policy on the part of himself and aniaen pebeaup en ‘ewes nterly impossible for one gertle- | sttention of the House, resumed his seat. his hon. colleagues, which is indicated by their practical ad- pa ape + A te urthen or discharge the duties of the iwo A long discussion then ensued, in which hon. members, | mission of the positive necessity which exists for having the

By these arrangements, when once shall be subject to the supervision of the Clerk of the Exe- |

| wi jut i sition: sh less difficulty than those in; Council is to be, is not candidly stated in the Bill as it ought | will be put in positions of much less difficulty tha to have been; but yet, by implication, we disctinctly gather |

offices combined ; and, although the Legislature was not called without ‘distinction of parties, Necniadceahalmantehy desk other | Solonial Secretary we the Executive Council Board ; and, upon to remedy the error by further legisiative sapere: yel ig daiieads sattinelly @prhe Sasa Sitio: measton at the} iddeed. wala his Honor jocularly, I take great ate to fas. | relief waa afforded by a side wind. The ee eee present chief Clerk of the Councils, Charles DesBrisay,|self for having discovered the incipient liberal purposes of | en So = Torin We peeve amounted Esquire. Ofnecessity the Reporter can make only a very | the Government. As to the annual salary, = ped Potent Cierke, as “° a erformance of services | brief record of this discussion. | by the Bill, to be paid to the Clerk to this Counci , [ thin a Se ee f the Journal, but it wcu'd be a fair compensation, sceing that the discharge of ee g them for the | his official duties would seldom occupy more than three with the real inventions of suitably remunerating t em a ‘ papal Be Seree, see. than Eases diecharge ef: theie chee trely veerope officis! Sues. ‘ ficient in judgment as not to be able duly to appreciate the | monthe out. of: the twelee,.' Bam. Col.

f law, bot it was quite ex- : , , ; ‘require more time than that.} This would be at the rate of = — a oe See oe with the multifarious and | services of so long tried, faithful, zealous, and efficient a|™°4 te surely liberal enough. But I do not cusable; and all wo are acquainted wit : : : | £300 a year, a rate surely g er loxing duties which it ww incumbent upon the gentleman Public Officer as Mr. DesBrisay ; or that whilst fully reeog- | apres with the proposition that it should be paid quarterly. palging ho 'eurb o@enn perform, must approve its nye nizing and duly estimating them, they have not, at the same | The payment of it should be under the control of this House ; been mad: Now the present Bill contemplates not only a0 | time had generosity sufficient to make him a suitable com- | and, wien a Committee thereof, appointed for the purpose,

f fice, that of Clerk to meee ? a j c de. | r i : tae wane ae om eae omnia, an increase | Peusation for them. What have they done in acknowledg- | shall have certificd that he has fully performed all his official be Bb ; é Cll, 5

f the sal As to the separation of the two offices, from | Ment cf the official worth, and as a reward for the faithful, | 5:0 the bygone Session, he should be entitled to rcoeive of the salaries. Ss tt -

7 : : a : ‘os of | ie salous and efficient manner in which, for a Jong series of | °-*** : : , all that | have seen concerning them, both in the Government | 7aiou ie Delekeen Gan diel hs exebéain > onerous | 58 full calary immediately. I mean to propose an amend

oe oe Da By ment to the Bill to this effeet ; and [ anticipate no objection

fu! eis come, when, for years ; sar, : ‘ — _ ree ees that they should | duties of his offices? W hy, itis this: he is to be placed to it. There is another thing which demands the pecaliar G Tockdeup ame held by different individuals, The Clerk of under the guidance or direction of a superintendant of the | attetri fone of this Council : the Bill docs not say by whom our the Exeeative Coarcil shonid not, on any account, be withdrawn (fice, and his salary is to be reduced from £275 to £200, | Clerk is to be appointed. We know that the power to ap- from hie Office. During office hours he saould oe ale ;perannum. This is [rish promotion with a yengeance. | a a Sadieibed La Fee clang ay ES of the Hon. Col. Swanzey was not by any means opposed to the | of the Sovereign, or of the Sovereign’s representative ; and, Saeaiiin Gunen ana duties of the office. This must be proposed separation of the Office of Clerk of the Executive although one Governor, Sir Alexander Bannerman gave it evident to all who duly consider the amount ef business to be Council from that of Clerk of the Legislative Council ; on | up, another may resume it. But of that prerogative the transacted in the office, on the score of the demand of we the contrary he highly approvel of it. He had, however, | Governor was deprived by Statute in 1851, creditors, with respect to petitions - Rie Sars iete. ee some objections to make to os In S ~~ ma the | ( Tobe continued.\ and through the multiplication of [treasury WW: aite im. | Proposed salary of the Clerk of the Legislative Council was, | Dt ; cca of the last few years has shewn it to be quite im- r te enki see "anions ought sot ne eniiaiateeni R. B. Inviya, Reporter.

: ents, to do the business of that 7 ; : 6 anhalt

fr nenpen oyteny voy Hy SB A benefit and public | that this Officer was intrusted with the satel . - an -

office one, > / ae 5 Fait : : Fw ‘ " L y satisfaction. For instance, as respecta the demands of public | papers and books belonging to this Council, and with all t re | HOUSE OF ASSEMBLY.

creditors and their accounts against the Government,—then, | Acts; and as it would be very wrong to repose a trust in any

. Ss > “. . . e hither'o, for want of time to keep them c’ear'y and systemati- | one but a person of character, abilities and education, so it | "9 >,

Hon, Mr. lorentrsox—I am perfectly astonished to find | that the Government majority in the other House are 6o de-|

point the ch’ef officers of the Upper House is a prerogative |

SUERIFFS’ BILL. Tuunspay, March 1.

Mon. Mr. Haviland moved the second reading of the Bill to amend the Act relating to Sheriffs.

cally in Books, under their proper heads, have merely been | gould be proper that the salary should bear a fair proportion | filed. In such a state, it is plain that they cannot, oe of to the importance of the trust, and the endowments and ac- ferred to, be eaaily investigated ; nay, perhaps, how carefully quirements requisite for its due discharge. Granting that}

»@ ed, the result will not : : eecieceeaineineean ne of ae ms use 2 rt reauined all the duties of the Offize, as respects the Journal and the be cievr and satisfectory. he law, hitherto, h f wee pie eer Sie sant th oe on demands and accoun’s should be kept in Book-keeping | copying of the Bills, could be performed in four months, sti

of such accounts | £75 would be an insufficient salary, for all the papers, docu-

ro enna ihe eenal ON as filed. | mente; -deo-, whieh were in his teepiny and under I's care have often been produced and latd before the ne. and it) during the Session, would be equally in his keeping and un- has occasionally happened that those originals have not been | go, bis care during the recess; and it would be necessary to returned to the file from w' ich they had been taken, but have provide him with some suitable place wherein to deposit these been lost or misiatd ; and, in the end, confusion ni preet- papers, Sinente ton. ah to Se cee by bios tncenaiiten | tainty, in conseqnence of such loss ar inisp peeenn ve Such an accommodation to him would also be a convenience = rn eaten ae eet Pe eh to members of the Council, who might then have free access Sceaiacieeanemantanad os alienate. from year toyear, when they desired ir, to consult any legislative documents and it ie necessary that the r accounts shou'd be kept according on file, or otherwise kept in office, ae Me privilege of 10 a proper bovk-keeping system. ‘This necessity Was aemnas ~ which he had often s ught to avail himseif, Che proposition fledged in the other House before I ceased to be a member of | ¢,. paying the Clerk of the Legislative Council quarterly it; and the propriety of making an immediate provision for was evideatly an oversight, and cou!d surely be rectified. | ouch service was shqnst enasimouely agreed to. would be | He ought to receive his whole salary as soon as it shoul. | Hie tener she Pnampant-—A Financie! Secretary won be duly certified that the whole of his sessional duties had

the proper Officer to discharge it. f ne : ve sae ay tae te. ? dentalhoffens seck-an. oppemiment was been duly performed. His Honor Mr. Palmer had said it)

spoken of in the other House, but without any idea of | was irregular to make any allowances to the Clerks out of | providing a salary forit. Now should the errsagewmen’s pro ithe contingencies ; and he has also said that the difficulty | posed by the Bull for the perfornance of the dutivs of the | originated only since the change in the Government in 1851. Clerk of the Executive Council, take effect, the discharge of | wo in this assertion [is Hcnor is astray : for the irregu-| ‘larity or innovation was first introduced long ago at the in-|

Hon. Mr. COLES.—Lam oppesed to the Bill, as it provides for taking the power of appointing Sheriffs out of the hands of the Government, and vesting-itin the Judges of the Supreme Court. By this measure Sheritis may be appoimted who ure so violently opposed to the party in power, that they may seize every Oppor- tanity of bringing the Government into ti nble. Cases somewhat of this natare occurred when the system proposed was formerly in operation. The Execative aloue is responsible for carrying out the Government of the country, ittherefore should possess the power of appointing the sheriffs, as well as other pablic cilicers, aud be held in dike manner accountable for their actions. Ilere the Government has no control over the Judges; we ure even told that it cannot impeach them; they might appoint the greatest black - guare in the country as sheriff. Phe Judges of the Colony, it is well known, were appointed from a certaim party, and though I fave evey confidence in them, f believe they still retain a little party feeling. ‘The measure is a purely party question, for the mnajority are aware that the Judges hold the same political prin- ciples as themselves. If any altesation is required in the Sheriff's Act, it is that a claase be introduced for choosing them by ballot. A better method than what is proposed by the Bill would be to empower the Judges to appeint three persons, and the Govern- ment three, from which six the Governor should choose one.

Sut the Colony has had some experience of the present law, and I defy any person to show that injastice has oceurred under its operation. As the Government have the power now of appoint- ing Sherif of their own party, Edo not see what more they need desire. [ move that the Bill be read this day three months.

Ifon. Me. LONG WORTII.—I am sorprised to hear the remarks both to the Coucci! and the public at large ; amd that he is en-{ proposed to make to the Chief Clerk of the Executive Coun: | — hon. mene 7 he a De = AN er viet m the most hveral consideration at the hands both of the | cil, who, we all understand, is to be Mr. DesBrisay, I object | Bill was a purely party measore.

e : . i . ° . | make ita arty uestion, they would leave the power of appoint. Government and the Legislature, wil! not, wa ind ed, cannot | on account of its inadequacy to indieate the high estimatioa Se ahesil r om a saeadee; - aa ~ a meee i by any. [ admit that the 11] does not Zo 8o gS justly be denied b: B - 1 d noty he Ju z

: in which that gentleman, in his official capacity, is, and bas) Supreme Court, [contend that if we desire 13 make the Sheriff far 3 to provide a sufficrent compensation either for the on been, for many years past, held by the whole community 3] an independent officer of justice, we will take his appointment out or the prospective \abors and services rolling tye anid. ules efits insufficiency to remuncrate him for theamount| of ve Seta ee ita au fee sama eden the Geester ae ae San enbaiaie eceddundins relief and ac- | of official labours which he will actually have to perform. | foe ‘witli hie in the performance of his duties, they pollute the pt ee = cs a d satetguinnts however, we are As an old, faithful, zealous, and efficient public servant, Mr. | fountains of justice. ‘The hon member stated that party feeling ae to so oihiten' teapeded fora permanert one; for if DesBrisay is clearly eutitled to a much higher consiJeration| might influence the Jadges in their appointinents to this office , seta taaentl should go onYncreasing, a4 it has done for some | than ig meted out to him by this Bill; and [ think it ig reed asoang — — ptf re yee ve iow years back, it will be necessary to take up the question | clearly our duty to endeavour to secure him a higher allow-| ae ~— pints starchy nee nein Aetaenns y again, and to provide additional renmneration for the disc! arge ance than the Bill providce forhim. I am always:caraful of | tea les ee eda ag tate ig Sate teh: O08 WeSeY RE of increased public duties. The extra allewsace which, for ithe privileges of the other House, and the fixing of the sala- | be controlled in any other manver than by a writ being placed in some years back, has heen made by the Legislative Council to ries of public officers is one of them; but [ must be allowed) their hands. Je said that the Jadges might appoint the greatest the Clerk of the two Councils has not been legalized. but hes 3 P bi sion, that, as respects Mr. DesBiisay, by| blackguard in the eountry to the office. ‘This is certainly stamp- been paid out of the contingencies. The Bill will legalize all | to say, on t ls Occasion, d cat spect his ad of if | ing them with no very high character. He appears to think the ihe allowances ; and they will be strictly limited to the cavern! | lowering him ia position, au 7 sowerag a oe “+ lite Government had sufficient reasons for the alteration whieh amounts set down inthe Bill. The amount hitherto annually they have fallen upou a very strange and new mode 9 ac: | paid to the Clerk of the two Cowncils—the statutary allowance knowledging official worth, and of requiting long and valuable |

they made in the Act; bat | can see no argament at all in favor of the change. ‘The Sheriffs should be appointed by persons who £120, and the allo a — Cate. {Hie Honor — ‘official service! That the Colonia! Secretary should be both | of the contingencies, £ has been ’ 2|

them will be made easy and effectnal. We know well that the

j F Clerk to both | : en who now discharges the dutes of Cler ned : id eee outs ingly acquitted himself of them in a manner | Stance of the present Chief Justice, when he was President!

most satisfactéry, vay, | will say mest wonderfully satisfactory, | of this Council. To the allowance which, by the B'll, it is! 7e @S7e .

! |

stand entirely e!oof from the Executive Goyernment. [He re- marked that it wou'd be better to allow the Judges to appoint Prastvent—That was not the case last year.) 1 did not speak of |ast year. For three or four years past, taking into account

t» be increased by the sum of fifiy pounds.

£5 and to crea‘e an assistant Clerk to the Executive Council ; ond, therefore, in pursuance of that intention, it provides an additional sum to remunerate him for his services. For the

aeracbenael > one—to the amount paid, for the last three or four years, for the services of the chief Clerk and the assis- | tint Clerk of the Executive and Legislative Councils, making ivall £375

ear, in addition to the statutary allowsnce,

£120 to the ain dans of this Council, the allowances granted, [ think it rather singular, that, with his high estimation of ot of the contingencies, to the chief Clerk, the assistant Clerk | the official worth and deserts of Mr. DesBrisay, [is Honor, end the extra Clerk, amounted to £259, in ai] £270, being | ,. the leader of the Government, should consent that the | allowance to that gentleman in his official capacity should be duced from £270 to £200 per annum. 2270 was a remuneration small enough for the work per-

50 more than had previously been allowed. -~ Honor the Presipentr begged to be allowed to set his |

Honor Mr. Palmer right touching the amount voted by the | re

Legislative Council for the services of their Clerks last Ses- |

ich hi ing | ed and the responsibility undergone.

ith respect to which hia Ilon>r appeared to be labouring | forme a rn

eats e abhnpsst ension. The tota! amount which, for those | worked and more confined than any other public officer of services, they voted iast vear, was exactly what it had previ~ | the Ccloay.

a manner, bound to his desk. enc

no respite, except the hcurs and seasons due to the refection

of his body, by food and sleep.

: 7 | ously been, but it was differently divided. The Journal proves

oh net? We the extra Clerk they voted £100, to the chief | Clerk £75, and to the assistant Clerk £25, in wll (including the | statutary alicwance, £120 to the chief Cierk.) £320.

a | pu > sumer, looking at the Journal, resumed—l find [| p . E : oe ete “The Sede acon that the amount is ss your account of past services, might now, with the eee

it is always well to have the Jonrnal at be awarded to him, without requiring anything more at his I understood that the £100, the £75, and | hands, the £25. in all £200, exceeded by £50 what had formerly been ‘faithful, and most efficient public rervant, on exemplified by ‘this Bill, aa respects Mr. DesBrisay, is certainly paliry. By it not only is that geutleman’s salary reduced to much ‘below what he is positively entitled to, but he is—I will not

Honor has stated it. hand for reference.

voted by the Legislative Counc:! in a simtiar way, His Honor the Paesipestr—Vhen, perhaps, had you under-

stood that this Council, in those vores last year, did not vite

in all more than in a similar way they had, for some Vears

previous, annul y voted, you wou'd not, as a member of the say degraded, but has, : executive Board, have sanctioned the withholding of the £100/as his superior in his office. | Teast £250 per annum. bk re ae : . stiou to the Heuse of Assembly. They would, perhaps,

aah gan. > Sead ee ok | 7s Ese siileas anaes it; but, by making it, we should be acquitting

i ize or recognize such an appo g ity ; "

pape pe poacal wi fo You biel Sir, be | ourselves of what we should consider a boundeu duty. Another part of the Bill is not quire satisfactory ; for it is

which this Counc:! voted to the extra Clerk.

as that of extra Clerk to the Board. You ean opposed to the principles or provisions of this Bill; for they |

im pe “ ith those which you profess and | somewhat obscure. puch , oon one in Dene ee "rith respect to the discharge of | Act as enacts that the Office of Clerk of a reenact 1 dati and the remuneration to be| Council .shall be separate and distinct from me re made therefor, except that che Bill allows £55 more than aes perenes and Sah, Se: Se aT eee has heretofore i. [ quite agree with the As | held by one and the same indiv J j und, é oomily as tomahing the pecanity a siepelety of the arrange-| for the appointment of an Assistant Clerk or Clerks to the |

the cfficial dutics in question,

formed by his hon. and learned friend, Hon. Mr. Palmer, Clerk of this Council, it also provides a separate and suitable whether the Bill before their [fonors was a Government These provisions necessitated an increase of £55—a moacure or not.

sure.

a member of the Executive Board, and a member of the Le- | |gis'ature, [ maintain; but I cannot see that he can with any! the allowance made to the Assistant Clerk, the whole amount | propriety be allowed to fill the office of Head ot or Su-

‘ has been £320, and last year this would appear | perintendant in the cffice of the Clerk of t e Executive oer eaaeaak The present Bll Council, although the Colonial Secretary was formerly the propuses to deal with that amount with the addition of merely | Olerk thereof.

His Honor the Presrpent said he would wish to be in-

Hon. Mr. Patwer—It is, I believe, 2 Government mea-

His Honor the Presitpenr— Well then, if so, I must eay

The allowance of He was harder

Every day and all the year round, he was, in In his labors he experienced

He has grown grey in the blie service ; and £200 a year as a retiring allowanec, on The mode for the recompensing of an old, most ery unfairly, another put over him,

His salary ought to be at the

Indeed [ would go for £300, hy

It repeals so much of the Civil List

three, and the Government three. This methol might do very well, provided the Government had any right to interfere in the appointments, batthey have not, ‘This is the time for the present Government to show that they are opposed to the existing law; and it speaks well of them that they have come forward at this early stage of their career to amend it, before the power passes from their han's,

Hon. Mr. HAVILAND.—TI concur in what has been said by the last speaker. ‘The Government would aot be justified in allowing the present law te remain any longer on the Statute Book. The method proposed, is that carried out in England, where it has been in operation for centaries. When the otficers of justice there were appointed at the beck of the Crown, a per- son’s life was unsafe, if he belonged to the opposite party. Mac- aulay, in his essays, says, when such was the case, men arraign- el calculated ther chances for life according to the party to which they belonged. For some time, in the county of Westmorland, the office of Sheritf was hereditary, but an act was lately passed to abolish such an unfair system; and if it had then been thoaght necessary that the appointment should be vested in the Govern- mint, it would have been so stipulated. A Sheriff should be ap- pointed by men who are in a situation which would place him above saspicion. ‘he Judges are the authorities in whom is vested the power of maintaining justice: in whose hands then can the ap- pointment be more safely placed? Bat shoald they appoint an individual to that office for party purposes, they would be highly culpable. One reason tha the Government ought not to have the appointment of Sheriffs is, that Just on the eve of an election they might nominate an opposition candidate to the office, and thus subject him to a fine.

Hon, Mr. WHEELAN.—I never knew of a bill being introduced by the opposite party which was not defended in the same sing- song manner. ‘They would say it was sy just, they were certain nothing coald be said against it, and they were surprised to hear the remarks of hon. members. I may adopt the same style of I ngaage, and say [ sim surprised at their want of argument in support of the bill, Muct, has been said against the existing law. I believe Thad the honor to introdace the measure, and thoaght then, and still think it safe to vest the appointment of Sheriffs in the eight or nine gentlemen who are entrusted with the Govern- ment of the Colony. ‘The hon. member for Georgetown stated that a Sheriff should be above suspicion. Will he tell us that if the appointment be taken eat of the hands of the Government, and placed m the power of the Chief Justice, he will then be above suspicion? Iam ashamed to hear a sentiment of this kind, as it hints that the whole Government may be suspected, and that the Judges are the only persons in the land who are above susp@ on. JF will not say thatthe Chief Justice has no r g'r to be interested in politics; Judges have always had their predilections, and always will have to the end of time. ‘The majnity know very well, when they propose this muwasure, that the appoint- ments wil be in accordance with their own wishes. [thas been asserted that the Sheriff is an officer over whom the Government have no control, J do not say that they should tell him to de this thing and that, but certainly he is in some measure unce- their authority. Bat to go back to the argument of the hon. member,

Mr. Longworth, that they have no right to appoint an officer over whom they have no control, | would like to ask, who appoints the Judges? Ifa yacancy were to occur im the judgeship of the Colony, who would appoint a successor but the Goverrme:t? If, then, they can be entrusted with the appointment of judges, why not also with that of Sheriff? We are reminded that the Sheriif is sworn to the faithfal performance of his duties. ‘The members of the Execative Council ere also ander oath, siill we are told, if the Sheriff is appointed by them, he is liable to suspicion. ‘Ihe hon, member for the Second District of Queen’s County remarked, that he saw no argument in fayor of the existing law. I believe the chief reason for passing the Act was, that it changed the ap- pointment from one irresponsible to nine responsible individuals.

The hon. member for Georgetown spoke as if he would not entrust his life to a Sheriff appointed by a party to whom he was opposed, entertain no similar fears, bat can assure the hon.

member that while he and his party remain in power, I shall consider my life perfectly safe trom any sach danger. Bat his favorite argument is, that the existing method is unconstitutional

—it is not in accordarce with the time-honored institutions of Britain. Whea it suits ins own purpose, however, he can set

aside British principle. Will he tell us that the present system of government in this Colony is an imication of the departmental

government of Britian? ‘The hon. member may say as mach as he pleases in reference to the necessity of this Bill, bat I defy iim

to show that the people have given veritable evidence of their

opposition to the Act at present in operation. ‘There are, at

least, no petitions before the Louse on the subject.

Hon. Mr. YEO.—The late Government took power into their hands, 10 which they had no right. I think we have had quite enough of the present system of appointing Sheriffs, for the last five years. Oaly fook at the returns which some of them made ata lite election, ‘The opposite party say that there has been no complaint, but this is false. ‘The people in many parts of the country are strongly opposed to the system. I wonder that nien can stand forward and vindicate such a course as that pursued by the late Government.

Mr. DAVIES.—I commend the Government for introducing this Bill, aud shall cheerfully give it my support. I believe that the alteration made by the opposite party in the method of ap- pointing Sheriffs was that which placed them where they are ‘The day on which they passed the Act they lost a thousand sap- porters, Under Responsible Government, the Executive have quite sufficient power in their hands, without baving the appoint= ments to the office in question. Under the existing law, partizan

—

Mr. DAVIES.—I only said, I heard that was the case,

Hon. Mr. COLE3.—What the hon. member heard is true. There can be no question, but the appointment was made with that inten- tion. Now, this does not show that the Judges are above suspicion. They may make appointments for party purposes as well as the Government. The hon. member, Mr. Pope, remarked, thata few years ago we had a Government, in whose bands life was seareely safe. I suppose he alludes to the late Government. But, Sir. there never was a Governmeut in this Colony under which the laws were more respected, than under the late administration. They never had occasion to send soldiers to the East Poirt to quell riotous pro- ceedings, nor constables the way of Georgetown to apprehend sheriff- shooters. The other summer a great crowd was called in frown the country to censure that Government, but they had too much confi- dence in the people to suppose that they would raise any disturbance. But [ contend thet, if the Sheriff then had not been a nominee of the Government, a riot could not have been prevented. The argu- ments advanced by the opposite party in support of the Bill, have, I think, been more against it than in its favor.

The House then divided on Mr. Coles’ ainendment, that the Bill be read this day three months:-—~

For it—Hon. Messrs. Coles, Kelly, Perry, Wightman, Whelan, Messrs. Conroy, Cooper, Doyle, Knight, Sinclair, Sutherland.—11.

Against it~—Hons. Col. Gray, Haviland, Laird, Longworth, Pope, Yeo, Messrs. Beer, Davies, Douse, Holm, Howat, McNeill, Mont- gomery, Ramsay.—14.

The Bill was then read a second time, and committed to a-com- mittee of the whole House—Mr, MeNeill in the chair, When the committee rose, the Chairman reported the Bill agreed to without

amendment. D. Larrp, Reporter. _—— 0 oe

Faipar Arrerxooy, 2nd Merch. Hon. Mr. HAVILAND, in moving the second reading of

the Bill to authorize the Government to open an account with the Bank, explained that the measure was intended to enable holders of Treasury Warrants to get them cashed withoui the loss of discount, to which, fur some time back, they had been subjecte—a loss which had been seriously felt by a large clase who could ill efford it, as schoolmasters,contractors and ethers, who had been compelled to submit to large deductions from the nominal amount of their claims, in consequence of the want of cash in the Treasury. New Brunswick, and in Nova Scotia the Government had on several occasions adopted the practice. It was proposed to

A similar Act was in force in

: . limit the amount of the credit asked to £10,000 currency ; and Sheriffs have been appointed, both by the late, and by the present , : : Y Government. Sheriffs should be above the influence or control ae the Bank was to a es On its advances, i wae cf the Executive. ‘Dhis] is particularly necessary at the time of ' &!'0 it on moneys paid to it by the Government.

elections, for even under the former system my brother, I have | heard, was appointed to the office to prevent him, if possible from offering himself as a candidate. ‘The hon. member, Mr. | Whelan, stated, that the present law was passed to change the appointment from irresponsible to responsible individuals. | do

»|Vernment were

Hon. Mr. COLES presumed that the supporters of the Go- prepared to pasa it, whether it were right or

Wrong. Ifa similar Bill were in force in the other colonics, he thought they were foolish in passing i*, os this measure did

not consider the Judges are altogether irresponsible; their actions “nt Specify what rate of interest the Bank was to charge.

|

are pretty well capvassed by the public. fam of opiaion that

hon. members on the other side of the House found it to their if they — fit. |ing colonies were different from ours.

cost that they passed the Act now in operatioa.

There was nothing to prevent them taking nine or ten rer cent,

Besides, the circumstances of the neighbour- The Bill should limit

the rate of interest, and should epecify whether it was to apply

Hon. Mr. WKIELAN.—Allow me to say, that the party who to Debentures as we!! as to Warrants. passed it were retarned with an overwhelming Majority at the no better security

next general election.

Mr. CONROY.—With respect to what has been stated by the last speaker, in regard to partizan Sheriffs, 1 may say, that I was offered the appointment by the late Government, when they be-| lieved T was opposed to the party. Ido not think that, under | the present system, partisan men have always be appointed, 1) ain satisfied to allow the Act to remain as at present.

Mr. DOUSE.—I am disposed to place the appointment in the. power of those two individaals in whose hands, it may be said, our lives are entrusted. appoir.t the Sheriffs, who are officers of justice, In several cases the present Act has worked injariously; and I think we are quite | safe in returning to the former system, which is the one adopted in the Old Country, Tam in favor of British institutions,

fon. Mr. WIGITMAN.—We have heard no complaint in the | coumtry respecting the present Act. Since this” is the cnse, 1 think it is unnecessary to introduce any change. very responsible situation. On this account,

have to perform. than two or three years. If the hon. member for (ivorgetown | will introdace a clanse to this effect it shall have my support. | see no necessity for the change contemplated by the Bill.

Mr. MONTGOMERY.—It is not so mach with the appoint- ments made by the late Government, or by the present, that we have to do, as with the principle of the existing law. Suitable

) ’ he arrangement, ‘They should not be appointed for a less period }the

The Bank could get for their money than those securities, and

might, if they pleased, purchase theta without the intervention of the Bill. Bull. anxious to enter into an arrangen:ent of the kind, but the Bank would not accede to the proposition. the Bank might take advantage of the Country, if the Bill did | not limit the rate of interest.

He did not rise for the purpose of opposing the When the late Government was in power, fie had been

His objection wae that

(fon, Mr. LONG WORT AI said that no argument was ne-

The Jod h | ceesary to prove that great benefi:s would result from the Bill.

eens nD PPOs area a wery public creditor would feel the advantage of it, the objection of the hon, member, Bank would take and allow interest at six per cent on the ac- count.

As to he would tell him that the

The holders of Debentures were secured by having

prior claims on the general reve : andl spe Ball would en- able teachers and comtrecvéve te heir Wa

Sheriffs hold a |the face. The Bank asked no security; it was ready to open Iam opposed to on account of £10,000 with the Government, and the object of

their being appointed annually; as many who take the office are | the Bill was merely to authorise the Gover at first almost wholly unacquainted with the daties which they ht

trants cashed at

nment to enter into would lose nothing by often necessary to cali

The Government operstion. It was very

in Warrants for payment, as funds might a¢cumnlate in the Treasury ; thus the Colony was losing interest. on these funde, which the outstanding Warrants were earning from the public. By the Bill, interest would be allowed on all payments by the | Government, as in the case of a private individual, persons may have been appoisted by both parties, yet this does | there. wasino faree.in the objection of the. hon. agi

Therefore The

not say but the tendency of the present system is to place partisans | public must derive benefit from the Bill,as Warrants would be