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 SPEECH 
 
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 THE HON. J. W. JOHNSTON. 
 
 IN THE HOUSE OF ASSEHIBLY, 
 
 On the 19th March, 185r 
 
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 ON INTBODDOINO 
 
 
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 0EFINI1ICI THE NATURE AND FOUNDATION 
 
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 IN HER I.OCAL AFFAIRS: 
 
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 'i^ liTt T* the OoaMitaency of tb* Oonnty of Annapolis. 
 
 fiflf valued friends and Countrymen : 
 
 Wkre the obligations of public >' y to be impaired in tlieir influence over me, the hdnor 
 of representing your noble County, endeaied to me by early recollections and the experience of 
 mature years, would not fail to animate ray flagging energy: and it is my happiness to bo 
 united with so many of you by personal friendships and relations of the strongest influence, 
 that the desire that my parliamentary conduct should meet your approval is more an impulse 
 of my affections than the result of political considerations. 
 
 It is therefore with some solicitude I submit for your judgment the resolutions I lately 
 moved in the Assembly, and the speech introducing them. 
 
 That they should liave been the object of vituperation on the part of my political opponents 
 furnishes neither matter of surprise nor occasion for doubting the soundness of my views.— 
 The leaders of the (so called) liberal party, ought indeed, in consistency with their own prin 
 ciples, to have supported the resolutions ; but we have not reached this period of our political 
 history now to learn, that professions sowed with profuse abundance, may yield a scanty harvest. 
 
 I am, however, desirous, that neither the objects I propose nor the motives that animate mo 
 should be misapprehended by my friends, or by the disinterested and intelligent among tlio 
 population of the Province. 
 
 , Let it be not forgotten that you are not, nor am I, answerable for the extremes to which the 
 Province has been driven in its political career. 
 
 In tJie winter of 1843, you elected your Represeatatives on principles of moderation op- 
 posed to nltra pariy views ; and until the election of 1847, my Colleagues in the Government, 
 and myself, sought, as far as the violence of our ojiponents would permit, to effect such an 
 union of parties as would have stayed the surges of political strife. Lord Palkland and his 
 Council in that period found no difficulty in reconciling the apparent incongruity of an inde 
 pendent Governor and a Council responsible to the Representatives of the People. His high 
 sense of honor, inflexible integrity, and unwavering veracity, were a safe-guard against the 
 violation of either public or private rights. His respect for the position of his Council left 
 them free to meet the obligations which their responsibility to the people imposed. 
 
 But after what has passed in the last two years, I abandon as impossible any salutary con- 
 troiil in the future, by either Lieutenant Governor or Colonial Secretary, over our local affairs ; 
 and as attempts to restore tha» control would inevitably lead to struggles endangering the peace 
 of the country and the Colonial relation, I judge it to be an imperative duty to avert those 
 consequences by removing their occasion. •,.,.,,...». 
 
 The necessity that this surrender shouljj ,1^^, fpjm ally ^c^pijypi^bj; our Letdlilaiurc. and ac. 
 knowledged by the Imperial Govcrilment, is enhanced by the nature of the British system of 
 administration, which places the nominal and the real powers of Government in different 
 hands, — giving to a Governor, without whose name scarcely an act of administration can be 
 performed, plausible occasions to usurp an aclwA authority inconsistcut with the constitu- 
 tional rights of the people. 
 
 That necessity, had it been questionable before, has now, however, been made certain by tha 
 character of the opposition which the leaders of the liberal party presented to these resolutions : 
 for if the opinions tliey propounded in the Assembly be correct, the self-government in its 
 local afl'uirs conceded to Nova Scotia is but a fraudulent duception— which, having helped a 
 few individuals to power, oflTers, for the future, nothing but uncertainty and contention. 
 
 The power of the veto on acts of Legislation, and the power of dissolution were claimed as 
 iitbstanlial and lejitiiualn functions of the Lieutenant Governor's office, in opposition to my 
 assertion that in our local affairs they were but lodged with the Lieutenant Governor ceremo' 
 nially to be exercised substantially by his Executive Council ; and to avoid one dilemma, ano- 
 ther was cncounicrcd when it was afHrmed that the Lieutennant Governor's assent was ne' 
 cessary before a measure of government could be introduced into tlie Assembly. 
 
 Here, then, is the issue between those who opposed and those who supported my resolutioni. 
 The country must judge. 
 
 It was charged that the resolutions tended to weaken the Colonial connection. I think, if 
 accepted hero and in England in the right spirit, they will produce an opposite resnlt, by re* 
 moving occasions of future intrigue and contention, of which the Lieut. Governor would be the 
 centre. If, however, these resolutions bnt propound what is essential for self-govemment, let 
 not those who claim the credit of that system, accuse ine of wrODg, if I bntl bold (hem to ibn 
 eontistcnt doTelopement of their own principlei. »•.. w r- sr-ia; .!• i: ..• .o 
 
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 I have been loudly accused of disrespect to the Colonial Secretary and Lieut. GoTCrnor- 
 Biit if 1 have merely exhibited their public nets from adcrtowledgecT documents, th' 
 imputation tun not justly rest on mc without destroying that free discussion essential to th 
 '^cli-bcing of the country. 
 
 And here it is proper to say, that neither Sir Rupert George nor Mr. Fairbanks, has beei 
 directly or indirectly, party to or cognizant of anything I have done or said in relation to thei 
 affairs. 
 
 The introduction of the resolutions was the result of no hasty consideration and the respon 
 Bibility of the measure rests on myself alone. 
 
 Some years since I perceived, and in debate stated, the difficulty which the present constitu 
 tion of the Legislative Council would prcscntto the perfect working of responsible governmertt 
 and in the moment that Earl Grey's despatch was read in the Assembly, concerning the Depart 
 mental Bill, I publicly declared in my place my opinion that the course he had adopted per 
 manontly affected the destinies of the province and the nature of its connection with the mothe' 
 country. 
 
 Continued and mature deliberation having strengthened those opinions, at a comparative!; 
 early period of the late session, I gave verbal notice of my intention to introduce resolutions or 
 the subject ; and the resolutions thrnisclvcs were fu ly decided npon and in prcparntion, bcfon 
 Lord John Russell's declaration relating to the Legislative Council of the Capo of Good Hopi 
 was known here or indeed had been made in Parliament. 
 
 They were not offered as a paity measure, although this character was attempted to b< 
 fi.xed to them, and every member who tisu.'xlly support the government voted against them 
 on the other side more freedom of opinion was exercised ; and I lifitcncd to ray friend Mr 
 Hall who could not adopt them entirely, with sincere pleasure, although without being changei 
 in my own sentiments. As usual v.-ilh him on such subjects, his vigor of mind and originalitj 
 of thought and expression threw light and perspccuify on his arguments, while the charaeteris 
 tic honesty of purpose, and integrity of principle, which he exhibits in the A3.scmbly were eqnall; 
 conspicuous. 
 
 I cannot conclude without bringing to your notice the statement of the Speaker, in debate 
 that last Autumn, he was toi<I, in the County of Annapolis, that so far had the principle o 
 annexation advanced, that the next clecticin there would be decided on that question. I was ii 
 the County much longer than ho, and I received from none, such an intimation, nor hear* 
 such a sentiment. As far therefore as the observation was designed to suggest a dubious o 
 partial motive for my movements in the house, it was made without just cause; nor is it sat 
 prising that the character of the communications he ond I receive, and the nature of the im 
 pressions ii ti th i t t M ii^ L made on us in the County of Annapolis, should be very diverse, seein; 
 that the sources iiMiHB<a«mwly»wh<i»wiM;aUjiitl m'rri , arc widely separated. 
 
 I mean not to say that the events of the last two years have not had in the county of Anna 
 polis as in other parts of the province powerful influences as connected with our political relai 
 tions with the mother country. These influences, 1 believe, I have, although briefly, fliithfull; 
 pourtraycd in the conclusion of my speech- 
 
 In tliis, as in Ckcrytbing connected v.ith the subject, I submit myself to the jadgmen 
 of my constituents and my countrymen nt large. 
 
 They m.ay arrive at different, and perhaps sounder, conclusions than I have reached; the; 
 will not, I will venture to say. be actuated by a more earnest desire to promote the welfare o 
 our common country. 
 
 I have the honor to be, 
 Very faithfully, 
 
 Your sincere and devoted servant, 
 
 J. W. JOHNSTON. 
 
 Note— See r- W.— In giving tho Provincinl Goternmpnl cicilit for «n in(;roa«e of about £3000 in the reveout 
 ot 1849 over 1813 it niislit hnvo boon statoi! tliiit in tlic session of 1819 there waro morflBSOil dutlet impAW 
 on dry guodn, (being an addition on IhiB important item of 25 per cent.,) on ka, and on molattU, ptobabi) 
 muie tlian udequatu to malto up tho amall increase in tho revenue. 
 
 Division on Mr. Johnston's Resolutions— 14 for; 26 against ;— majority, 12. 
 
 For t Harrington, Uliickiidar, Cumpboll. JolinJtoB. Frcoman, Marshall. Crow, Rent. Mooro, Snow. Badd,Tnonl*« 
 Dickey, Ryder— 14. Against , Henry. Doylii. Altornoy General. Munro, Songster. Conieaa. McLeod, RobvrUMt 
 Bournouff. Smyth. Kedy, Hall, Provincial Secritary, McKenna, MeUonald, Ernst, Maitell, MignowUi, Card, 
 Young, Fulton, Archibald. McOougall, Mutt, Dimock, Brown— 36. 
 
 Division! on Mr. Howe'a and the Speaker's amendmenta— 23 for, 15 agoinit— majority 8 ; bfing »h» •■*•• M 
 above, except that Mr Uall and Mr. Fulton voted afainit Mr. Howe'a and the Speakoi's amendmenti ; «»<• '"M 
 Mr. McLeod. who voted agiiinat and Mr. Dickie who voted in favoj of Sir. Johniton'i teiolutiobi, *«• abMtlltn 
 th« division! en the amenoiaents. 
 
 Division on Mr. Fulton's amendment— for, 5 i againit, 94 ^majarity, S9k F«rt FiiitM, lUU, MoM* 
 Dickey. Ryd er. The i.iojority wai mtde up of the other mftmbrri. 
 
 
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 iloute or AMembly, IHarcli 10, ISSO. 
 
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 Thk riottge resolved itself into Committoe of 
 the whole on Mr. Johnston'ti rcsolationi, whicli 
 fere read by the Clerk, es fullows :— 
 
 Whereas, The self Govornment extended to 
 ;ho British North American Trovinces by the 
 Secretary of t^tate for tlie Colonies, having 
 .liaced the Local affairs of the rrovinco in the 
 litids of the Executive Council unrestrained 
 any control on the part of tlio Lieutenant 
 
 I 
 
 \ 
 
 ovornor or the Imperial Govcrnmeni, it is 
 necessary to correct the anomalies and incon- 
 reniences unavoidable in the application of 
 Imperial usages to a Colony ; and a common 
 luty is created, irrespective of party interests, 
 .0 cast the Institutions of the Province into f^uch 
 'brms as may unite the freest operation nf the 
 oablic sentiment with the most efficient, upright 
 und economical exercise of the Eiecntive, Le- 
 ijislative and Municipal functions ; nor is it less 
 obligatory on this house to obtain more perfect 
 ■tability and certainty for the principles of 
 Provincial Government than can now be relied 
 on — the present Secretary of State for the Colo- 
 nies having both in declarations and acts, shewn 
 that a Minister of the Crown in the administra- 
 tion of Colonial ntfairs may hold himself free to 
 disallow wliot a predecessor in ihe exercise of 
 his official functions had established. 
 
 And whereas. First : As regnrds the Lienlenant 
 Governor — This officer while in theory possessed 
 of the Executive authority has been in reality 
 denuded of all power, and should he attempt 
 to exercise an independent control ove' the 
 •flPairs of the Province he would disturb the 
 principle of responsibility under which the 
 jSxecutive Council are now called to administer 
 the functions of Government. Ucnce so long 
 as the Lieutenant Governor shall continue to 
 be viewed AS the head of the Provincial Admi- 
 nistration, he must either sink into insignificance 
 or become the instrument of Executive obstruc- 
 tion ; in the one case the reverence due the 
 tiovereign being insensibly diminished by the 
 contempt engendered for the oH'ce of llsr lie- 
 presentative ; in the other the harmony of the 
 Province being endangered by the violation of 
 a principle which the British Government in 
 the last two years has affirmed, and Earl Grey 
 as Colonial Seeretary has sealed by acts of on- 
 raistakeablc signiticancy: 
 
 Rveolved iheriforc, That to avert the evils of 
 renewing questions of Government which, after 
 years of agitation and uncertainty, have been 
 established by Imperial authority, it is proper 
 that the Lieutenant Governor of this Colony 
 should be unquestionably recognised as an Im- 
 perial functionary, charged with the protection 
 of national interests and as the official MigM^Df 
 commnnicntion between the Parent State aud 
 the Colony, but holding no relation to Colonial 
 affairs beyond the ceremonials of Office. 
 
 Resolved further, That to fix this character to 
 the Office it is proper the Lieutenant Governor 
 should be paid entirely by the Imperial Govern- 
 ment. , 
 
 Resolved further, That if this Province shall 
 be require*! to contribute any portion of the 
 Lieutenant Governor's (Salary, the sum of £1000 
 would fully meet the jnst proportion of this 
 (Mony and the value, of his services under the 
 present system— this House deeming it anjust 
 that so large a sum as dSSOOO Sterling shonld 
 DOW be paid by the Province, and al»urd that 
 
 £290 Sterling, or any sum should be granted 
 for the Private Secretary of an Officer who him- 
 self has Imt to subscribe the documents that 
 otliers are required to prepare. 
 
 And witereua, Secondly : As regards the. Lt'iis- 
 lative Vounril—Tho construction of the Legisla- 
 tive Council is inconsistent with the harmonious 
 working of the present mode of Government 
 and its useful iuilucnce ns a Legiiilniive Body. 
 With a majority created by the Government of 
 the day for securing party measures, the Legis- 
 lative Council is for most essential purposes but 
 the subservient instrument of the Provincial 
 Government. The same majority on a chnnge 
 of parties would ninkc it an obstructive Body, 
 opposed to tlic existing Administration and 
 wishes of the people as expressed by their Re- 
 presentatives in (his House. 
 
 Resulvcd, That the most efficient remedy is to 
 be found in the Election of the Legislative 
 Council by the people for a limited period— the 
 Members going out by Sections periodically : 
 Thus the body would be brought nearer to the 
 feelings end would more perfectly reflect the 
 opinions of the Country, while the periodical 
 infusion of new members would enable the peo- 
 ple to correct the inconveniences that occasion- 
 ally might arise from its composition, and 
 tend to weaken those influences that result in 
 merely party adhesions. 
 
 Hon. Mr Joiinston, said :— .Vr. Chairman, 
 I rise for the purpose of explaining my reasons 
 for offering for the approval of this Committee, 
 the resolutions just read. In taking the steps I 
 have, I am fully sensible that I have assumed 
 no small measure of responsibility. The 
 hon. Provincial Secretary lately intimated that 
 this was rather an act Act of a party nnture—tiian 
 one having for its high object— the elevation of 
 tlio people. It is impossible to discuss such a 
 «]uestion ns this withont in some measure 
 touching upon the relations in which parties 
 stand to euch other in Nuvn Scntia ; but Mr. 
 Chairman, I would not have troubled you to day 
 —had no higher motives — no more elevated 
 reasons — than such as find their origin in mere 
 party spirit, influenced me in submitting there- 
 solutions I uni about to explain. I believe, sir, 
 that Nova Scotia is now in a situation timl de- 
 mands the serious attention of all concerned in 
 its welfare— and that the state of transition is 
 of much importance through which this country 
 is passing. We may differ as to the ntuibutcs 
 andforms which constitute a good Government, 
 but none will deny that such a Government is 
 among the greatest of corthly blessings . I aim 
 at no unattainable heights. Wh/it 1 understand 
 by agood Government,— what Idodesire for my 
 country, is a system that shall foster and pro- 
 mote the moral qualities and de\ elope the 
 industrial rcsoiirrcs of the people. One that 
 shall give to the popular voice the utmost in- 
 fiaencc consisient with the efficiency of the 
 Executive ; to the Executive an cff'cotivo autho- 
 rity that shall not control the just power and 
 privileges of the people. But it is also deepi/ 
 important that the principles of Government, 
 should be well defined, clearly understood, apd 
 securely established. And let it be remembered 
 by every man in Nova Scotia that oar p(«seiit 
 system of Government baa sprnne into exis- 
 tence at the fiat of a Colonial Minister and 
 
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rests on no foundation more stable or secure, 
 ilence is it incumbent upon the people and 
 their friends as they value what they now pos- 
 sess, or as they ileprccnto future agitation, 
 carefully to guard against the possibility of 
 undue changes that may undermine the fun- 
 damental principles they chetish, or endsn- 
 gerthe tranquillity of the country. 
 
 These resolutions have two primary objects 
 in view. The one, more particularly connected 
 with the Executive— and Lieut. Governor, 
 is designed to effect three benefits ; first, to de- 
 cisively declare and fix the authority that 
 belongs to the office of the Lieutenant Gov- 
 ernor ; secondly, to secure the power of the 
 Colonial Executive; and, thirdly, to diminish 
 the burdens of the Province in relation to the 
 Lieutenant Governor. The other braich of 
 these resolutions touches the constitution of 
 the Legislative Council. 
 
 1 desire not to invest this subject with 
 a party character. If the views I have 
 advanced in the resolutions shall prove to he 
 sound, they should recommend themselves 
 to men of all parties, and especially to those 
 who class themselves under the name of 
 " Liberals," — because all men are interested 
 in removing uncertainty and occasions for 
 future agitation, and they who value the 
 existing principles are concerned in giving 
 them permanency. It may be said that we 
 should leave this subject in the hands of the 
 government ; but I do not think so— especi- 
 ally in the hands of a colonial government, 
 which placed between the influences of the 
 people on the one hand and of a Lieutenant 
 Governor and Colonial Secretary on the 
 other, may be called upon to endanger its 
 own interests in maintaining the just autho- 
 rity of the Colonial Executive and the rights 
 of the people. It would not be prudent 
 therefore to leave a '-uastion like this to be 
 dependent on the vigilance and integrity or 
 the self interest and supinenesB of any govern- 
 ment. 
 
 Jt will be necessary for me to substan- 
 tiate the declarations in the preambles to 
 these resolutions ; and I shall begio by show- 
 ing that the British Government has surren- 
 dered to this Colony indepeadence in the 
 mauagement of its local affairs. This 1 shall 
 do from authoritative declarations of the Prime 
 Minister and the Colonial Secretary, and 
 from the administrative acts of the Colonial 
 Secretary. It may be said this preof is un- 
 necessary. Sir, it is not unnecessary. No- 
 thing is more common — nothing more dan- 
 gerous — than an assumption of important 
 truths upon evidence ill-defined and feebly 
 adopted, dangerous to individual interests — 
 how much more dangerous to public rights 
 that are not guarded by the same watchful 
 care. No, sir, do not let us suppose that 
 these references are not reqaired. Let us 
 know, if such is the fact, that as regards our 
 own local affairs, we are now independent, 
 and let us also know clearly and certainly 
 upon what foundation that fact rests, that our 
 constituency now — our children after us — 
 may be acquainted with the origin, the secu- 
 rity, and the extent of their privilo|[e8 and 
 liMrties ; — the rights which they enjoy and 
 the reasons on which they claim their enjoy- 
 ment. 
 First, then, let the committee noticii what 
 
 in his recent speech on colonial afTairt, 
 Lord John Russell has said on this subject. 
 " But it (referring to the Canadian indemnity 
 Bill) was an instance how diflioull it would 
 be to draw any line on the sub;eet, and that 
 in attempting to 'iraw such a line you would 
 only raise disputes ; (i/( that you had belter iland 
 on lite yiiicral praclical distinction, that it rnisoriy 
 in canes where the admimslration of the Colony 
 came in quention, that the aitthorily of the Crown 
 shoitid be, interjwstd ; hut that as to local affairs 
 the lAfi'.slature and Executnt of the Colony should 
 he the best judges" * 
 
 I next refer the committee to the debate on 
 the Rebellion Losses Bill. To appreciate 
 Lord Grey's remarks it most be recollected 
 that Lord Brougham had moved that the 
 bill should be so altered as to—" provide 
 security ayaimt compensation for losses sus- 
 tained in the rebellion being given to per- 
 sons who had abetted it." Earl Grey con- 
 cluded his speech with the following ex- 
 ceedingly significant remarks :— " It was his 
 firm conviction, that by passing such a 
 REsoLb'TioK, they would shake ttiat con6- 
 dence which all parties cherished in the 
 system of Government now happily esta- 
 blished there, and lead them to suppose that 
 they were not to be allowed to deal in ■ 
 manner which would be satisfactory t^ 
 themselves with matters of domestic and 
 internal concern. His conviction was, that to 
 come to such a decision would he dangerous to the 
 security of the Canadian Government. It was on 
 these grounds that he trusted their Lordship* 
 would concur with him in refusing assent 
 to the resolution of the noble and learned 
 Lord." 1 content myself with these two 
 declarations— they come the one from the 
 Prime Minister, the other from the Colonial 
 Secretary ; and they are too explicit to re- 
 quire comment. Bo., sir, 1 shall turn your 
 attention to three B(;ts of Earl Grey which 
 ■peak more emphatically than any despatch- 
 es or theories. 1 shall show by* these acte 
 that the British Gorernment has withdrawn 
 altogether from the controni of the affairs of 
 this country. The three subjects 1 allnde 
 to, are the dismissal of Mr. Fairbanks, the 
 repudiation of the arrears due to public 
 officers ; and the ease of the excluded justices 
 of the peace. I am not now going to com- 
 plain of those acts — but to show that they 
 give a decided proof of the correctness of 
 the premises I have advanced. In each of 
 these eases, Earl Grey would have acted 
 differently from what he did act had he not 
 surrendered the duty of his oiine to the 
 Colonial Executive ; and the greater the 
 sacrifice ho made of honor and of duty, the 
 HMpe clearly is it apparent that the inde- 
 pnia^ce of the Provincial Government has 
 been conceded. 1 shall dwell no lunger on 
 these points than is necessary to establish 
 my conclusion. In the first case, 1 have 
 mentioned — that of Mr. Fairbanks, the act 
 which Earl Grey affirmed at the reiterated 
 bidding of the Provincial Authorities, wac 
 Bv HIS OWN •HowiNO, t»\. " extremely preju- 
 diciai to the public interests of the Province ;" 
 (these are his own words ;) /Secondly, contra- 
 ry to English precedent ; 3rdly, opposed to 
 the official act of his predecessor — ao KOt 
 within the scope of that predecessor's legi- 
 timate authority, and under which 
 
 ^V^ 
 
i^H«i 
 
 ^^mm 
 
 Faiibanka wai tppoinUd ; 4thly, oppoMd to 
 tha eonieqaent juit oltimi of a public offloer 
 who had relied on the aHuranca of the Bri- 
 tish OoTernment ; and (thly., it wai incon- 
 ■islent with Earl Orey'a own doctrine, 
 according to hia deipatch 31it of March '41*, 
 that thereafter " it would be proper to re- 
 cognise aa an invariable rule that no perion 
 ■hould be remoTed from oflfioe without a 
 provision, except for misconduct, unless he 
 had accepted it on the distinct understanding 
 that it was to bo held during pleasure." It 
 is clear that Mr. Fairbanks came not within 
 the scope of the exceptions. Here are five 
 propositions drawn from Earl Orey's own 
 admissions in condemnation of that act of 
 injustice ; and the excuse which the noble 
 Earl condescended to make, that because the 
 salary was annually voted and might be with- 
 held by the Assembly of Nova Scotia, a 
 Secretary of State was relieved from his own 
 independent duties, by its purility, but 
 strenglheus the case : and certainly exhibits 
 no high sense of moral obligation or dignity. 
 1 turn, sir, to the Journals of tiie last session, 
 to show you Earl Grey's crowning act in 
 this affair of Mr. Fairbanks. Under date of 
 Nov. 15, 1841:1, he surrendered all to the 
 independence of the Executive of Slova Sco- 
 tia in these word* : — " 1 freely aeknowledge 
 on behalf of her Majesty's Government that 
 the question involved in this act, exclusively 
 affects the internal interests of Nova Scotia, 
 and that in accordance with those views of 
 the principles on which the government of 
 the British North American provinces should 
 be administered, (and which I have mare 
 than onee had occasion to explain,) the 
 opinion of the inhabitants of Nova Scotia in 
 favor of this law, as expressed through their 
 Representatives in the a'ksambly, ought 
 properly to prevail, even though her Majes- 
 ty's ministers may not concur in thinking 
 that it in framed in the manner best calcula- 
 ted to promote the real interests of the 
 proTinee." 
 
 The neat case which proves that the Bri- 
 tish Government have surrendered their con- 
 troul over colonial affairs, is that of the arrears. 
 Take the following facts :— 1st, The emolu- 
 ments of the offices were ensured to the incum- 
 bents by thoir commissione under the sign- 
 manual of the Queen. 2ndly, The amounts 
 of their salaries were not only not reduced, but 
 were by the British Government refused to be 
 reduced, on the address of the Assembly in 
 1846. 3rdly, The Crown Revenues were so- 
 lemi>ly pledged for the arrears of these salaries 
 by Lord Stanley's despatch, dated 15th Nov., 
 184r) ; by which the Governor "was strictly 
 enjoined to enter uii no new negotiation for the 
 transfer of the Crown Revenues, of which the 
 payment of all the existing arrears of salaries 
 to the public ofAccrs did not form the basis. — 
 Again, by Mr. Gladstone's despatch of a9th 
 April, 1846, it is declared that no Civil List Bill 
 would ever be accepted by the Crown which 
 did not make provision for the payment of all 
 the arrears due to all Her Majesty's officers in 
 Nova Scotia ; and, lastly. Earl Grey, in his dis- 
 patch of 17th Nov. 1846, stated the payment of 
 the arrears to b« Me essential euxd imiimetuabie 
 prdiminary to the transfer of the Casual Keveane 
 — «dding the very emphatic words :— " To give 
 the only iomum «t satisfying the arrean, without 
 
 at the same time stipniating for thoir previen* 
 payment, would be to commit a broach of the 
 pledged faith and a violation of the honor of 
 the Crown, to which no imaginable consideration 
 of convenience or of interest could ever reconcile tht 
 Qneen or Her Majesty's advisers." 4thly, The 
 officers having fultillcd thoir part of the en- 
 i^agement, became entitled to the fulfilment of 
 it on the part of the Crown, and the contract 
 being executed, could not legally be revoked or 
 violated by any expost facto net. 5thly, The 
 excuses made by Earl drey were either essen. 
 tially or absolutely untrue, and had tliey been true, 
 were entirely inadequate to justify the violation 
 of an executed contract. 6thly, Vet, in obedi- 
 ence to the Provincial authorities, Earl Grey, 
 iiaving the constitutional control of the crown 
 revenues, and those havinp; been by himself and 
 his predecessors, within tlie scoj'e of their consti- 
 tutional aitthoritif, pled(;ed and ciiargod with the 
 arrears— did violate those pledges and repudi- 
 ate just and legal contracts, by transferring the 
 Crown Revenues before these charges on them 
 hnd been paid. Yes I Earl Grey did calmly and 
 deliberately commit this breach of pledged 
 faith — this violation of royal honor. He did 
 advise the Sovereign to an act which no imagi- 
 nable consideration of interest or convenience 
 should, by his own showing.ever have reconciled 
 ller Majostv or her advisers. Can we doubt 
 ttiat he made the sacriflco to the independence 
 of the Government of Nova Scotia 1 And re- 
 member, that the greater the violation of right, 
 the more strons;ly is my conclusion established. 
 The third instance of the surrender of local 
 uncontrolled power is that of the excluded Jus' 
 tices ; and of this instance 1 may merely say, that 
 100 magistrates were dismissed — 100 living men 
 —not 40 of them dead, as Earl Grey, untruly, in 
 the House of Lords asserted there were— among 
 the best in the country ; not dismissed because 
 they were too numerous, for there were 2.^0 new 
 magistrates appointed in their stead, — not be- , 
 cause they were unworthv, for charges against 
 them have been asked tor and refused. The 
 royal instructions enjoins upon the Lieutenant 
 tjovernor, that he " shall not displace any 
 justice, without good cnuse signified to the 
 Secretary of State." That, sir„/ifls been the 
 Imperial policy ; and if we had Earl Grey's 
 despatches, which have been denied us today 
 by an act of the majority, I dare say they 
 would present a very admirable lecture upon 
 the impolicy and impropriety of interfering in 
 this sweeping and party manner with the local 
 magistracy,— for his lordship writes good des- 
 patches—ending however with saying, "Never- 
 theless if your Executive Council, supported by 
 a majority in the Assembly, shall continue of 
 opinion that the administration of justice in the 
 counties ought to be debused, and oppression 
 made the penalty of political opinions, her Ma- 
 jesty's Ministers cannot interfere again. . raeas^ 
 ures which you assure me arc in accordance with 
 tho wishes and feelings of the people of Nova 
 Scotia, how much soever they may disagree 
 from them." 
 
 The insulted magistrates have been toUl 
 that her Majesty had received their memo- 
 rials ''very graciously^ This is very polite 
 certainly,— but is there bo answer to their 
 complaint 1 None 1 No reply to their request 
 to know the grounds of their removal 1 None ! 
 Cold, heartless, insulting silence, is the answer 
 their Sovereign is advised to give to these her 
 worthy, loyal subjects, and the administration 
 of jwtice throughout the conntrv, and the ac- 
 
 .:;^:/'^, 
 
BT*« 
 
 W7CT 
 
 ,\ 
 
 knowlfldecd practicn of the uoniUtntiou arc 
 tramploa under f'"** <uid Earl Grey has ndded 
 this additional »\.— of " nnmi^talteablo aiKnili- 
 cancy" to the fact that Nova Hcotia in her local 
 affairs is independent— a tit companion and 
 counterpart tiiis for the Cnnadiiin Uubellion 
 Reward Billl I Now, sir, I talio it that my 
 preamble is thus far proved by dcclarntiong iind 
 acts— sealed by broken promisei, viointed 
 pledges, and repudiated controcls -attested by 
 livin;; witnosHOH, in tho person of an excellent 
 officer and worthy citizen, ond his amiaiilo fu- 
 mily cast outof their means of subsistence,— 
 and of 100 ma(rt8lrat(*j of unblemished rcpuin- 
 tion degraded and insulted— yea ! doubly in- 
 sulted. 
 
 I have already said that I did not mean 
 to admit that Uarl Qrey exercised a constitu- 
 tional duty in the course ho puisucd. In tho 
 case of the arrears and Mr. I'uirbanks, it mu 
 iV/er/a' and um-onsiUutiiinat, even on his own 
 principles. He mifjhthttve given tlie Colonic:) 
 self govcrnmcpt, and yet prescrveil his honor 
 as a man, and iiis ii>tey;rity ns a stutesmnn— it 
 pleased him otherwise. 80 far I have referred 
 to the acts of the British Ministry. Tho Impe- 
 rial Parliament has aflirmed tho same policy. 
 That august body rejected Ijord Brou((ham':< 
 resolution and nc(|uicsccd in the Compensation 
 Bill that they mif^iit not fetter tho independtnce 
 of tho Canadian parliament ; and althoni^h 
 they had before them, yet they did not interfero 
 with the case of Mr. Fairbanks or of the Mn^ii- 
 trales in Nova Scolia. 
 
 Having established that the Parliament and 
 Government of England have conceded our in- 
 dependence in local concerns, it only remains 
 for me to shew, that tho head of the Provincial 
 Executive has ceased to exercise in reality any 
 control, anil that tho Lieutenant Governor's of 
 fice hos undergone en eqtinlly decisive chonge. 
 
 To sustain the preamble of those Hesolutions 
 it must be shown that so long as the Lieutenant 
 Gorernor is nominally the Head of the Govern- 
 ment, thoalternativo is inevitable that the ottico 
 must be one of insignificance or of mischief.— 
 I will establish this point as 1 have lone before, 
 by acts, and I shall ask if those I s'ml! adduce, 
 are consistent with tho independence and the 
 honor of tho Governor; or whether you arc not 
 driven to save him from disgrace, to show iliat 
 he must have been the mcro organ of his advi- 
 sers. Take the Civil List Bill of 1848, in which 
 the uuiaries of subordinate officers were much 
 reduced, and their arrears repudiated, while tho 
 salary of the Lieutenant Govornor was fixed at 
 its maximum, amounting with its adjuncts to 
 very nearly .£6(i00 currency I It is impossible 
 that this could have been done with the consent 
 of any Lientenant Governor, possessed of just 
 views of his duty or of generous emotioii. .N'o, 
 Sir, it could not be. I.K!t us, then, fancy our- 
 selves lookers-on while the measure is discussed 
 At the Council Board. Shall wo not hear his 
 Excellency exclaim : " What gentlemen I wwdd 
 you ask me to reduce the salaries of the Judges 
 in the land, to whom the honor of tho Crown 
 has been repeatddly pledged, and whose salaries 
 the Secretary of State has commanded me to 
 see mnhitained, whilo my own is placed at the 
 highest amount. No, gentlemen! I cannot 
 conieftt. If economy must be exercised, bepin 
 with me, for honor forbids me to sacrifice sob- 
 ordinate officers, placed under my protection, to 
 my own interest." Sv , we are bound to be- 
 liefe wust have been ..is Excellency's remon- 
 Kinmer ; bat his crncl Colmcil ar'jintxorable 
 
 lliey remiod him Ihtt h« ii th« " GiMdm link' 
 between the Mother Country and the Colonv. 
 and at length silence him with the unanswerablo 
 appeal that Kesponiible Governmont demanded 
 his obedience io their will, lie yields, and re- 
 luctantly accepts tho proposed benefit, and in 
 his closing speech from the Throne seals the 
 wholu niiuter by declaring thai tho Bill wa* 
 one iiuy^iuni.K to the Legislature I As Thorn* 
 son's villi go Nymph, "in all her modest bloom- 
 ing may of charms, seized in some losel's rode 
 embrace." * * * So the virgin 
 
 integrity of tho Governor— violated under the 
 strong hand of his Council, he surrenders him- 
 self to his fate, and solaces his outraged honor 
 in tho enjoyment of the golden compensation. 
 Surely, surely, Mr. Chairman- mercy to the 
 officer— respect to tho office— reverence to the 
 Sovereign, all demand that the fictitious charac- 
 ter of tfio officer should be removed, and that, 
 if the Lieutenant Governor sit at the Council 
 BonnI, it sliull bo but to add dignity, if digiiity 
 bo conferred- and thatns regards the Provmcial 
 ufTairs. he shall be simply an organ of ofllciat 
 comniuniciition between' tho Provincial and 
 Home Govermcnt. 
 
 Now let US consider in this relation the case 
 of Sir Knpert D. George. '' I accept your as- 
 surance." snvs Earl Grey to Sir John Harvey, 
 " that Sir liupcrt will' receive fVom the two 
 sources, XBOO sterling— that this sum will be 
 well teaired to him. and Sir Rupert relieved 
 from his just ppprehenslons.' This was written 
 early in ttie spring of 1848, nnd the same vie# 
 of Sir John Harvey's Despatch was given in 
 Parliament by Mr. Hawes in answer to in- 
 quiries put to him on the )3th of May in that 
 year by Mr. Cochrane. Mr. Hawes says that it 
 was true that Sir Rupert was to havn an allow- 
 ance of £400 a year for his office of Provincial 
 Secretary, but "he held another office, on his 
 retirement from wMch, (as we nnderstood) he 
 would receive a pension of nearly double that 
 amount ;" meaning no doubt what would double 
 that amount; and Earl Grev, in a subsequent 
 despatch dated 9th September, 1848, in strong 
 terms reminds Sir John of the effect his former 
 commimication had produced on the Colonial 
 Secretary's mind on this subject. Mark the 
 crisis at which Sir John gave this assurance ! 
 It WHS after Sir Rnpert had been removed by 
 the Provincial Government, and before it was 
 known to what extent the Secretary of State 
 would go in yielding to the wishes of a party 
 with a majority at their back in this house. Yet, 
 after the object wns effected, and Sir Rupert's 
 removal sanctioned by Eitrl Grey, the tone is 
 changed, aswc lately had occasion to observe in 
 discussing tho Registry of deeds Bill. Sir John 
 llnrvey, in his Despatch of 10th November, 1^48, 
 depreciates Sir Rupert's claims, and Is astonish- 
 ed that he would allow his private benefit to 
 interfere with the public weal, forgetting nil the 
 while the assurance which he had made. Sir 
 Rupert, in answer to nn enquiry of Sir JoBn Har- 
 vey, afterward agreed to accept £700 stg. insteed 
 of £800 sterling, and this is further frittered 
 down— lower and lower, until the amount last 
 sanctioned by the Assembly, is £160 sterHmtg 
 instead of £300 sterling, to which he was fairly 
 entitled by tho nrtion of tho present provlnciiil 
 Government. Put these feets together ahd ray 
 if we can believe ine Lieutenant Governor 
 exercised an independent contronl without 
 jropngning his integrity. 
 The cave of the excluded jiutieea is one to 
 which it fs inrptHNible fHat any LieiMMa* 
 
 ''^WliiirtiiMi'-'--"" — '• 
 
 -%. 
 
 ,-*>.'' 
 ^^^^M 
 
4 
 
 i 
 
 Ooremor coaM haw lent hit indaptadwt 
 ■Mction. No Lieut. Governor poRMMed of * 
 ■ptrk of independence, had ha not lurrendered 
 hit authority, could have sanctioned tuch aa 
 act M the exclusion of 100 Jusiicon of the Peace, 
 without a charge and without a hearing— nor 
 could he h tve ventured, a» he did in this case, 
 to violate the Queen't Instructions). I« it not 
 better, then, that ho ihould bo antliorised as an 
 Imperial Commissioner only, (ns in Scotlnml,) 
 without retaining a nominal authority, which 
 only subjects him to oliloquy or contempt. 
 But, sir, It has been repeatedly and fully ad- 
 mitted—nay, urged, that on the principle of 
 responsibiliiy the council only can act— the 
 Governor s name merely being used. I Imvo 
 not been able to lay my hand on a little pamph- 
 let insned some years ago by ilio lion. I'rovinci- 
 al Secretory in which this view of the subject is 
 put forth. The Governor was to be a gentle- 
 man at large, with nothing to do. His duty 
 would be to distribute the spoils of office to the 
 successful combatants in the political arena 
 —the dispenser of the honors at a tournament : 
 —these were his familiar illustrations. Why 
 then retain the shadow, at the risk of moking 
 the office cither contemptible or obstructive ( 
 
 Sir, the consequences of this alternaiivo do 
 not rest here. The want of respect to the Lt. 
 Governor is unhappily reflected back, and will 
 tend to weaken the veneration due to the Sove- 
 reign herself. 
 
 The danger to the permanency of the existing 
 constitution demands serious consideration — 
 Let me imagine that the present Lieutenant 
 Governor were removed, and another to take his 
 place who entertained prejudices which placed 
 nim in opposition to the present administration. 
 Might he not present many obstructions ?— and 
 take advantage of some crisis when it would bo 
 exceedingly difficult to resist him, or to render 
 his opposition to the wishes of the people nuga- 
 toryand inoft'ectual, without endangering their 
 position ? This, so long as they had a majori- 
 ty here would be unfair, and inconsistent with 
 your system. Reversu the case, and supposo 
 that the changing tide of politics should change 
 the party in power, and an assembly should be 
 returned inimical to those now in office, but the 
 Lieutenant Governor be in their favor. Can 
 we not readily imagine how much he might 
 thwart and obstruct the new administration, and 
 exercise his power unfkirly to the Assembly, 
 and in opposition to the voice and interests of 
 the people. 
 
 As regards, therefore, the permanency of the 
 principles established in Nova Scotia, it is of 
 importance thtit the people of this country 
 should be free irom this danger. For, sir, with- 
 out professing a prophetic spirit, let me say 
 that if the principles I am now contending for 
 be not distinctly acknowledged, the time will 
 come when Governors will uttempt to exercise 
 the powet they now nominally possess, and 
 place themselves in opposition to the wishes of 
 the people. I may be told that the Executive 
 have the right to retire. I admit it ; but is it 
 fair, after having won the confidence of the 
 people, they should be factiously and unconsti- 
 tntionally driven to this necessity ? Perhaps 
 they mair not have the virtue. I do not allude 
 toany cfasBofnen— I am speaking of man, 
 aorroanded by the various trials and tompta- 
 tions to which he It eabject, and I laj they may 
 not have the Tirtne ; md yieiding to encroach- 
 menu i«ther than cMlaiigvr their places, things 
 may so rstMgnde, that renewed stnggle*, more 
 
 aggravated than tlie past, may eiuUkgar the 
 country. 
 
 This, then, has brought me to the next step 
 in my argument. Having proved that the 
 English Government — the Kuglish I'lirlian cnt 
 — and the Lieutenant Governor, have, under 
 the present system, surrendered their authority 
 in the local oti'airs of the Colony, it may M 
 asked — what more is needed J I answer tliat 
 that surrender bo mado irrivocaUe. While a 
 member of the Executive Council from 1844 to 
 1H'17, 1 endeavored under Lord Falkland, to 
 unite with the responsibility of the Executive 
 Council to the Legislature, the indc(yeiidene« 
 of the Lioutenimt Governor, and some measure 
 of controul to the Imperial Parliament. The 
 principle of responsibility was as much ac- 
 itnowlolifcd then as now ; nnd my colleagues 
 ond myself were always ready to resign our 
 scats on a vote of this Imnss. What we did 
 want was, thiit whilo the voice of the people 
 through their re))iescntativ('s, should govern 
 their own nfl'uirs, some check should Lo oppos- 
 ed to the dcsii^ns of interested demagogues, and 
 the oppression of pnrlinmciiiary oligarchies— 
 always injurious to the freedom and welfare of 
 the people. It was difficult ; in theory it seem, 
 cd impossible. Yet I think it might have been 
 ciTucted. It required some forbearance in par- 
 ties—discretion and integrity in the Lieutenant 
 Governor, and wisdom and dl^ -rimination in the 
 imperial government, — and iliua we hoped there 
 would result as little oppressive and injurious 
 change as possible in the ir'i'uiiibents of*^ ofHce, 
 on a change of parties. Here lay the only 
 real ditVcrcnco between those who succeeded 
 us and ourselves. Karl Grey's despatch of Slst 
 of March, 1847, contained all I wished. No- 
 thing could be much more salisfactery, on the 
 points of difference, anti in itself it w is one 
 which I have ever esteemed worthy of admira- 
 tion. That despatch contained the most hono> 
 rable sentiments, and urged the most beneficial 
 checks ; but, alus ! it only proves how much 
 more easy it is to write wisely and well, than to 
 act wisely and well. That, sir, in a state paper 
 containin.; sentiments of which every English- 
 man may be proud, unless one— its titled author. 
 For whilst expatiating on the right, he has 
 been content to pursue the expedient, and that, 
 too, at the expense of houor and justice, and 
 his own recorded sentiments. He has thus 
 abandoned every controul worth speaking of. — 
 But, sir, tho thing is done, and done irrevocably, 
 for the controul of tho Lieutenant Governor, 
 and tho Imperial Government can never again 
 bo looked upon as leoitimatk elements in our 
 colonial constitution. As rcgrrds our local 
 affairs, all we can desire now is that what that 
 constitution is may be perfectly understood 
 and definitely confirmed. To attempt to re- 
 verse what has been established, would intro- 
 duce confusion, uncertainty, agitation, and end- 
 less mischief. Whatever improvement our 
 circam»:tances may demand must be sought 
 onward and forward, not backward. 
 
 It may be'urged that there is no danger. Why 
 excite needless discussion'? There is tvtry 
 danger. I have already shown the risk that 
 may occur, in cnso of a change in the person of 
 the Lieutenant Governor ; and these would he 
 increased, should there bo individuals in oppo- 
 sition in such a case who held the same estimate 
 of the obligations of those iu opposition as 
 some did when Sir John Uarvey arrived- Snp- 
 poK the one party or the other at the next 
 ei«cticnt to be retureed in a small majority, mti 
 
^^ 
 
 .'■> 
 
 l« 
 
 the Lieutenant Qovernor iuimiual in either caite. 
 IIo might offer obstruction that would embarrass 
 and defeat. In such case, suppose your Council, 
 to avoid the perils of a new election, subservient 
 to 'he Governor's will, and the majority that 
 supported them in this house for the same rea- 
 son to be subservient to theirs — where would 
 be your sclf-Governraent ? But suppose again 
 there should be a change ofMinistry in England, 
 is the whole system of the country to be over- 
 thro vn and different principles openly set forth 
 or covertly acted on f Ear' Grey has set at 
 nought his predecessor's del.Lerate and official 
 act in the case of Mr. Fairbanks. In other cases, 
 he has violated the solemn pledges of the Crown, 
 made by successive Sccreta.ics of State; and he 
 has indirectly bat very plainly, avowed the prin- 
 ciple in the Civil List Despatch. What he has 
 done, others may attempt. No, Sir I let us 
 know what we have with distinctness, and 
 what wo have, let ns possess on some sure foun- 
 dation. I close this branch of my argument 
 with an extract from Lord Brougham's most 
 able and va1ual)le work on political philosophy, 
 vol. 1. page 628. " It behoves the people care- 
 fully to guard against those who would per- 
 Buade them they are quite secure in tlio forms 
 of the established constitution. There are no 
 worse enemies of liberty— no more useful allies 
 of usurpation." 
 
 It only remains to touch the question of fi- 
 nance and economy raised in the third resolu- 
 tion. It cannot be necessary to say mucii upon 
 this point ; if the Licutenam Governor should 
 be recognised as bat a Crown Commissioner — 
 sent here to uphold the dignity of royalty, and 
 protest imperial interests, I believe there is no 
 man who will assert that the expense of liis 
 maintenance should be borne by this Province 
 — certainly not exclusively. The house has 
 passed upon this — but it would be well were 
 they to review their steps, and see if they could 
 not efTect a future saving to the province, whilst 
 they did no act of injustice. A saving of some 
 thousands annually would not be a matter of 
 ntter insignificance to a government that liave 
 been obliged to renew the tax on flour to re- 
 plenish their empty coffers ; and I think it 
 needs no argument to prove that JE250 sterling 
 a year for the salary of the Private iSccrclary 
 of an oflSccr whose duty is only to sign do- 
 cuments himself, is neither a needful or wise 
 expenditure of the public monies. 1 the more 
 readily touch the subject now, because the 
 present Lieutenant Governor's salary is secure 
 to him during bis incumbency, and if the reso- 
 lution passed, the subject would receive the 
 consideration of the British Government before 
 a new functionary were sent to succeed him. 
 
 I will now pass to the construction of the 
 Legislative Council. Its members are now 
 nominated by the crown ; and I freely conlo^s 
 that when two bodies arc designed in the Lfgis- 
 latnro or government, to act us mutual counter- 
 poise and ciieck, the more dissimilar the sources 
 whence they exist, and the objects to which they 
 own responsibility, tiie more perfect the lial- 
 ance, while the nearer they assimilate in these 
 respects, the feebler and less perfect will their 
 contronling influence be. In theory therefore 
 oar Legislative Council is a better check against 
 the Assembly, than it would be were its mem- 
 bers chosen by the people ; and if this were 
 true in /act as well as in theory, the resolution 
 I am now considering would be worse tiian 
 annecessary. But there is another principle 
 BK>re comtraining than the former. The twp 
 
 branches, to be any cheek whatever, must be 
 mutually independent. On (his prineiple, the 
 resolution and my argument rest. Without 
 this independence, their usefulness as mutually, 
 controlling bodies is destroyed. 
 
 Let us look at facts. The commission re- 
 stricts any appointments in the Colony beyond 
 21 members. When the former administration 
 went out there were 18 members, 9 of whom, in- 
 cluding Mr. J. Fairbanks, resided in Halifax. 
 The present Government filled up the three va- 
 cancies — appointing Mr. McMab, Mr. Stairs, 
 Mr. McCully; and when Mr. Ilobie retired, 
 they appointed a fourth — Mr. McKeen — keep- 
 ing up the complement of !H. 
 
 During the last session, a very interesting 
 question arose in the Legislative Council, but 
 Mr. McKeen, although he had been appointed, 
 had not arrived, and it was necessary in hot 
 haste to pass n bill to deprive Mr. Fairbanks of 
 ofhcc. The Government happened not to have 
 on hand a majority at the crisis of division on 
 the bill. The number of members was full, 21, 
 but one member, though appointed, was not 
 sworn in. What did the Government do ? They 
 appointed for the emergency Dr. Grigor — he en- 
 ters just in time to vote, and that important 
 measure — a measure denounced by '^arl Grey, 
 on principles of public policy and private jus- 
 tice—is carried by a majority of one, including 
 this one illegal appointment, and no less than 
 four members of the Government, of whom ono 
 was the President, who, until on the motions 
 connected with this question, had not, nor had 
 his predecessors ever .voted, except to give a 
 casting vote; and another, Mr. McNnb, who 
 was waiting for the ofllce from which Mr. 
 Fairbanks was to be thrust by that very bill ! — 
 Presentlj', however, Mr. McKeen arrived, and 
 then there were two King's in Brentford ;— 
 ( fMughler,) and wc saw the singular spectacle 
 of a worthy gentleman wandering between the 
 two chambsrfi, without a resting place in cither, 
 iMjcause it had been necessary to block up with 
 the doctor the place he had been appointed to 
 fill. Well, sir, what followed these appoint- 
 ments ? 1 believe all have been confirmed, and 
 the Legislative Council now numbers twenty- 
 two members — one more than the constitutional 
 number. Earl Grey sees in the will of an Ex- 
 ecutive Council, sustained by a parliamentary 
 majority, a controuling influence to which he 
 bows — ratifies all the Legislative Councillors, 
 and advises her Majesty to confirm the lull ! 
 
 T'liis one ruse is won' than sujiiciiitt. It is so 
 flagrant — it stands out in such bold relief timt 
 comment would be misplaced. After such an 
 instance of packing as this, ii wore an outrage 
 to common sense to represent the Legislative 
 Council of Nuva Scotia as independent. The 
 system must be changed, and it Rhould bo 
 changed now, while the country is in compara- 
 tive peace. When sterner times arrive it may 
 be too late to mould the institutiufis of the 
 country to meet the just necessities of the peo- 
 ple. What has been done in Canada ? Blank 
 mandamuses were sent out by my Earl Grey, 
 as I understand by the debate in parliament, to 
 ho filled up by the Government at pleasure — 
 Lord Brougham treats this curious proceeding 
 with the ridicule it deserved. The spring, he 
 says, came in with its genial influences to call 
 the farmer to his labours, when forth stepped 
 the political husbandman, and sowed I.iegisla- 
 tive Councillors broadcast, to yield a fruitful 
 crop of parliamentary supporters. But to 
 proceed. Among the itrange occurrences in 
 
ip 
 
 UPWW 
 
 ^ 
 
 II 
 
 the Legislative Council last session that showed 
 the necessity for change in its formation, was 
 the course the President saw fit to pursue on 
 more occasions than one. 
 
 iTie President claimed and exercised for 
 the first time since the colony had a Legislature, 
 the right to vote on all occasions, and this is 
 justified by the example of the house of Peers, 
 as my Earl Grey pronounces. It seems rather 
 
 Presumptuous to differ from an opinion of his 
 lOrdship on such a subject, but we are forced 
 sometimes into such a predicament, notwith- 
 standing the great names that cast their shadows 
 over us. Tlielawof parliament, sir, as I un- 
 derstand it, IS to each body, in such a case, its 
 OWN USAGE, and not the example of other 
 houses, however exalted. Nova Scotia has had 
 a Legislative Council for nearly eighty years, 
 (for the separation of the two Councils made no 
 difference in the Legislative functions,) and 
 during all that period there is not pretended, 1 
 believe, to be a single instance of the President 
 so voting as Mr. Tobin voted. The change 
 was needed to pass the Departmental Bill, 
 and the change was made, and was sanctioned 
 by the Colonial Secretary. 
 
 Again, Sir, there were refusals, by the Pre- 
 sident to allow resolutions, (and protests also, I 
 think,) to go on the council journals— an act of 
 illegality and tyranny most flagrant— nor could 
 a more serious blow at the liberties of the people 
 well have been aimed. Would that body, if it 
 had been elective, have had a President who 
 would have dared to violate the established 
 precedents of eighty years, or to trample un- 
 der foot the ordinary rules and practice of 
 the house ? Such conduct in England would 
 not have been attempted, because it would 
 not have been endured. It is in this relation 
 that wo require the most active supervision over 
 their rulers by the people in a Colony ; for the 
 silent operation of public opinion is much less 
 forcible in a small and poor community, than in a 
 rich and populous country like England, where, 
 when occasion demands "the exertion, it is al 
 most unlimited, though the influence of interests 
 too vast to be perilled from any consideration 
 of party. 
 
 Now, sir, glancing at the present features of 
 the Legislative Council, we find that of the 
 present 22, there are 12 members residing 
 in Halifax, and so long as matters remain as 
 ther are, you must have a majority of them in 
 Halifax. 
 
 I have hitherto considered the Legislative 
 Council in its subservient aspect : let us view 
 it in its obstrnctive. Let us suppose that a 
 chang« should take place, and that, after a 
 new election, a majority in favor of the views of 
 the present minority in this house should be 
 returned. What would be the result^ T' j 
 Legislative Council is now a packed body, sup- 
 porting as a matter of course the present Go- 
 vernment — it would then be obstructive to the 
 existing Government. The voice of the people 
 heard here by the passage of measures, would 
 then bo drowned in tl^ ■ other by tho cry of party, 
 and the influences of prejudice. Look at their 
 vota on this very question. Did dl tho gen- 
 tlemen who voted a^^ainst an Elective Legis- 
 lative Council think as they voted ? Why did 
 they give no expression of opinion, and where 
 were thoir wonted warm appeals in favor of 
 popular institutions t and where the remem- 
 brance of formerlv expressed and recorded opi 
 niOBS in favor of Elective Councils ? 
 J' any gentleman will show us how to get over 
 
 this dilemma to which the subject is exposed, 
 I will yield my measure ; but as it now appears, 
 the Council must be subservient or obstruc- 
 tive to ihe government ol the day. I speak 
 of the system and ilb inevitable consequen- 
 ces, and not in disparagement ot individuals. 
 How is the contingency of obstruction to bo 
 provided lor? As the present government 
 have done, by adding members ? That, Sir, 
 would be impossible ; for the number must 
 have some limit, and some four or five at 
 least would have to be added to secure a 
 working majority. Another change in the 
 administration would demand the same pro- 
 cess to be revived, and where is the end to 
 be? To exclude members fur the purpose 
 uf giving the government a majority, would 
 be slill more degrading to the Body. In 
 either caee its independence is destroyed, 
 and it fails to afiord the checks required, nor 
 can it be looked upon, as it ought to be, to 
 itecure respect. It may be said that thn 
 House uf Lords are in a similar position. I 
 will not stop tor a moment to oppose this 
 argument. What, Sir! a body clothed with 
 hereditary honors — placed by their position 
 and fortunes in stations of commanding in- 
 fluence, tu be likened in principle to a Le- 
 gislative Council, created from day to day by 
 the Executive and having no elements of 
 Legislative influence, except what they de- 
 rive from the constitution of their Body, and 
 that constitution calculated to degrade, and 
 not elevate! it is preposterous. The 
 Lords, indeed, yield at times, their own opi- 
 nions, as in the case of the Navigation laws. 
 But, then, it is in Ihe exercise of their own 
 judgment, when a less evil is preferred to 
 the risk of a greater. In the United States, 
 the Senate is elected by their State LegiEia* 
 iures-, but this is an udvantage they derive 
 through their Federal Organization, of which 
 a single Colony cannot be possessed. 
 
 But, Sir, this proposal is no novelty. An 
 Elective Council was proposed in 1837, and 
 supported by the present Atlurriey General 
 and the present ProvinninI Secretary. The 
 speeches ol the latter exhibitfnrcihie reasons 
 in favor of an Elective Council— reasons 
 which I have no doubt if any honorable gen- 
 tleman on that side of the house will turn to 
 in some old file of the JVomiScofian, will con- 
 vince much more readily than the voice of 
 the charmer on this side, "charm he never 
 so wisely." — {fMugker.) We have, however, 
 on this subject higher authority ; for Lord 
 John Russell has lately propounded for Ihe 
 Cape of Good Hope, an elective Legislative 
 Council. He says: — "Instead of imitating 
 the Constitutions of Jamaica and of Canada, 
 it would be advisable to introduce at the 
 Cape, an Elective Council composed of par- 
 ties elected by person^) of a somewhat higher 
 qualification than those who elect the Ke- 
 presentatives, and that they should be per- 
 sons of the class of Mogiitrates,'' i&c. 
 
 Under the elective Constitution, the Le- 
 ginlative Council will speak a voice respon- 
 sive to the sentiments ot this house ; but by 
 Ibis, 1 mean something very dillerent froin 
 the subserviency alluded to in the resolu- 
 tiens. To avoid this evil — and too great 
 coincidence of interest and feeling, between 
 the two bodies, is our chief diflieully. — 
 Elected from the same constituency, ihe Iwo 
 
 yi'ytrU' 
 
II 
 
 4ranches would bear ihe cnme penural im- 
 ir««a of »entimon(. But the l^egiaiative 
 Jounnil being elected, for a longer (ertn, and 
 'iDill sections going out and being replace(f 
 >y new members at shurt intervals, as in the 
 United Stales' Senate, would tend to prevent 
 hat entire uniformitv of action wiiich is to 
 ■jB deprecated. Tnke, for example, a Lcj^is- 
 ativ<j Council of 18 — one from eiich Cnuiity, 
 tnd one from this City, eloded for six years, 
 >f whom six should retire every two voiirs. 
 ■r, let the term he longer, and the periodical 
 ihanges varied to meet that teiiurn ; (or this 
 8 not the lime to enter upon detnils. Trace 
 ■he efTect of such a system. A general bIpp- 
 :ion, after a close ond desperate struggle, 
 baa given the reins of government lo the 
 iiiccessful parly, who enter into possession 
 jf their newly acquired power, with the pas- 
 lions on both sides cxn^peraled to their ut- 
 fliosl. Two years alter six Legislative 
 Councillors retire, and are replaced by the 
 people. This change, ol itself, could nut fail 
 10 have some effect in weakening the adhe- 
 lions of party ; the subsidence of party ani- 
 mosities without, wrought in that intervul, 
 wouli! influence the feelings of the new 
 members, and etlect a further modification 
 in the measures of the ISody ; and ii thu 
 course the government had pursued during 
 that period had been uiisatiifactory to the 
 people, the new eleclions lo the Legislalive 
 Council, would speak a significant warning 
 that wiser or more inoderale Counsels were 
 demanded, not likely to be unheeded. Tiie 
 changing opinions u! tiie people would alter 
 from lime ti.> time the views of the Council, 
 and would work incomparably ht-tier than 
 the present syiiteni, whii'h cannot coiiiuiund 
 the respect olthe coiiniry. 
 
 I ought not to oxpcci opposition from gen- 
 tlemen on the other Hide; and yet it is 
 •trance that on a division in nnolher place u 
 few d'lys ago on this veiy question, all the 
 members who support the government voted 
 against an elective (Council ; but it you should 
 turn to the same debutes ol 183", to wlilrli 1 
 referred before, I rather think you will find 
 at least oiio ol that number, mho at that time 
 dit>coursed widely in favor of giving the peo- 
 ple the election of tho LegiHlaliva Council. 
 
 I may admit, Sir, t.^iat the remedy is iinper- 
 f«ct; but I believe it lobe the beHt uiihiii 
 our reach ; and 1 think ii should be tried, 
 leat.bere'ifier greater extremes be resorted lo. 
 
 In looking into llie future, three resullj are 
 obviously iinaercd before us — eacii pressing 
 on the other. Fiist, thu amendment ol the 
 present system, unti! it answer the necussi- 
 lies of the people, and adapt itself to the 
 improvemtsHt ol the country. Ii this fail, — 
 Secondly, a tetsott to i he direct election by the 
 people t)f all the chiel public funclionarias— 
 A mode which no man who loves the mo- 
 narchical insii'utions of tlin mother land 
 would »euk, unless upon the gravest rea- 
 •0D8. Should thir, too, full, can ii ba doubled 
 that the Third would he, as by irresisiible 
 attraction, nn ahiorpiion into the Ureat Ke- 
 public thai beside us throws wule its arms, 
 and lifts its towering farm on high. 
 
 The Uritiah eyalein gives the peopla an 
 indirect influence only in the appointment of 
 their principal Government offioera, and the 
 operation of the ayslem i« artificial acd 
 eomples ; while under the American aystotn 
 
 Ihe action of the people ia direct in ilio 
 choice of most uf their functionariea, and 
 the opetation of the machinery of govera- 
 ment ia necessarily aimple. Out in the 
 former, the responsibility under which the 
 government is placed ia constant, in the Ut- 
 ter the power is entrusted for a definite, 
 though commonly short period, and cannot 
 he recalled till its termination. In Mova 
 Scotia, in conformity with English rule, the 
 people do not say what individuals ahall fill 
 the respective office*. When they have re- 
 turned a particular party to power, their 
 coniroul has ceased, and the Government ia 
 formed by the leading members of the party, 
 without reference to the people, and they, 
 too, often are obliged to make their selec- 
 tions without regard to official fitness. For 
 instance, they want n Solicitor General. — 
 I'lie best lawyers .and most suitable peraoru 
 may be found out of the Legislature. But 
 these must all be passed bye, and even with- 
 in the Legislature, the necessities of party 
 limit the selection. The most appropriate 
 individual hero may possess no assurance of 
 re-election, and the strength of parties may 
 be so nearly equal as to forbid the risk of de- 
 feat at the hustings. He too, then, must be 
 passed bye, and his inferior chosen. Or it 
 may be that either iu ihis house, or in the 
 other branch, some individual, from peraonal 
 inHueucps, or o>\'ing to the nice balance be- 
 tween the parlies, may compel the Govern- 
 ment to purchase his continued adherence by 
 an appointment for which he may be ill 
 suited. 
 
 The independent action of the Legislature 
 a.fs'i U abridged by the tenure of the adini- 
 nistrulion depending on the volea of tho 
 LeffisUtivc body — (not on direct election for 
 a liefiniie period.) It is well to talk of our 
 independence; but tlie majority who give 
 the party in power its ascendancy, will re- 
 tain inhere, fur their inicrrsls are identifi- 
 ed. Propound, therefore, a qut'stion lo the 
 house, however Important in its principlea 
 or results, but in winch the stability of the 
 parly is concerned, and the people do uot 
 get Ihe iinlraminelled, independent judg- 
 uient of their Kepresentutivesto which they 
 are entitled. Innumerable instances might 
 he cited. Wilnei-s the Governors' Salary 
 — the Departmental llill— the Magistrate's 
 ca.oG — the withholding of paper*, &C. How 
 difi'erenlly would the decision of a majority 
 ol tills bnuBohave been, had parly intluences 
 not prevailed over individual opinion. Ttit 
 adininiitrative ayateiii of England never waa 
 — never could have been — the conception of 
 any man's brain. It has been the growth of 
 circumstances — expanding, contracting, mo- 
 difying, and altering to meet the progreaaof 
 Bociety — the chonging condition of the peo- 
 ple, and the wants of the nation. There, 
 some of the inconvenienciea and evils that 
 threaten ns, are averted ..nd modified by the 
 various orders and classes — the wealth, the 
 litei'alur>?, and intelligence, the presa and 
 public o|iinion of that great kinndoiu ; and 
 ly the inlluciiceof tho'e vttsl interests, that, 
 rising above party considerations, control 
 the action of Goyernment and the Legitia 
 ture and secure public and individual ftee- 
 ilom. But, Sir, such coniiderationa remind 
 ua that the armour that givet atrength and 
 
 I 
 
■^^r- 
 
 wi ' ' W 
 
 '!> 
 
 •eourity to the giftilt, orufhe> thi stripplirig 
 under it« weight. 
 
 It may be laid here, ai portions of the 
 Prew continually say : " Try the ■ystens 
 longer-^moke no hasty changes — things are 
 very well as they are— and any little matters 
 that require improvement, will work their 
 own remedy." This may be very conve- 
 nient in the eyes of some gentlemen to whom 
 agitation has Inst the charms it once pos- 
 sessed. But, Sir, Is'e no reason in the 
 argument, if evils do ptipaltly exist, that 
 clearly demand removal, In avoid conseciuen- 
 oes which cannot fail to be injurious to the 
 country. 
 
 1 ask, however, whether the trial of the 
 system, as made by the present Government, 
 warrants this appeal. Let me take n hnsty 
 review of what the last two years' history of 
 Nova Scotia presents. In the first place, 
 Mr. Chairman, we hove seen in that time in 
 full operotion one of the worst features of the 
 American administration of Government- 
 one which is denounced by some of (lie best 
 of their Statesmen. Extensive changes in 
 office, uncalled for by the system of govern- 
 ment, and from which the country could de- 
 rive no benefit. Of these, one hundred ma- 
 gistrates, some three or four hundred road 
 commissioners, with emoluments averaging 
 probably not more than a pound or two ; dis- 
 tillery inspectors at 5s. a day ; form but a 
 part — not to refer to oflicers of high-.r emolu- 
 ment. It will be remeniDered thiit this is the 
 work of gentlemen whose professions were 
 Bo diti'erent ; and who sought power that they 
 might confer on their country an improved 
 government and more perfect freedom. 
 
 We have had a good deal to say lately, and 
 in the last session about th.it cabinet of curi- 
 osities in the Provincial Secretary's office, 
 which the Government guard with such zeal- 
 ous care that we are forbidden to hope for a 
 revelation of its secrets until a change in the 
 administration shall take place. Now and 
 then, however, a little borrowed light is re- 
 flected on us. Thus we learnt the "assurance' ' 
 of Sir John Harvey to Earl Grey that " £800 
 sterling would be well secured" to Sir Ru- 
 pert ; and which had been unknown, but for 
 his Lordship's reply, ffis Lordship's admira- 
 tion of the virtuous professions of the Provin- 
 cial Government, and which he has had op- 
 portunity to see nobly fulfilled, has given ua 
 another glimpse of the suppressed despatches. 
 Listen to E ;rl Grey's despatch of 7ri» March, 
 1848. " You will express to your present 
 Executive Council," say.s His Lordship, 
 "the satisfaction with which I have read 
 their m nule of 8th of February, 1848, in 
 which they express their intention to resist 
 with firmness the mischievous policy of 
 sweeping chonges of subordinate funclion- 
 aries." Why is it, sir, that the Executive 
 Council so cruelly withhold from the people 
 of Nova Scotia, this minute of the 8th of Fe- 
 bruary, 1848,— this record of their virtuous 
 resolves ; and compel us to admire at second 
 hand, their virtue and their consistenry ! 
 
 In the next place, the present administra- 
 tion have adopted a practice little to have 
 
 been expected from a Liberal GoverniYient 
 
 I mean the withholding of public documents 
 of d«ep importance to the people, for the with- 
 holding of wkich it i« obvious no reaaou ex* 
 
 ist, except the danger of damaging theroselvea 
 aa a party by the exhibition of the truth. Take 
 as instances the papers that passed between 
 the two Governments on the formation of 
 the present administration in the spring of 
 1848 ; the full despatches on the Civil Liat ; 
 tiie number and names of the excluded Ma- 
 gistrates, and all the papers and despatches 
 on that subject— all sought for by formal 
 motionx here— refused by the Govern- 
 ment, and the refusal sanctioned by a majo- 
 rity of the house. It has been to me melan- 
 choly evidence of how much the people of 
 Nova Scotia have ta learn of ths principles of 
 a free Govei-.ment, that their repiesentilivea 
 liave dared to sanction so gross u violation of 
 the duty of the administration ; so flagrant 
 an inlr n<roment of the rights of this house, 
 and of tlie people. 
 
 Again, let us examine the public accounts, 
 and discover how the revenue of the last two 
 years stands, in comparison with that of the 
 preceding period ; — 
 
 On the 3l8t Dec, 1843, on the retirement 
 of Messrs. Howe, Uniacke, and McNab,(the 
 present Provincial Secretary, Attorney Ge- 
 neral, and Receiver General,) we received 
 from the (so called) Coalition Gorernment, 
 a balance in the chest for the public service 
 of 1844, of £468 
 
 On the aist of December, 1847, 
 
 the Provincial chest contained 
 
 and we surrendered to these 
 
 gentlemen and their colleogues 
 
 a balance for public services of 
 
 1848, of £10,923 
 
 We therefore gave them to com- 
 mence upon, ten thousand four 
 hundred and sixty pounds more 
 than they had left us. £10,460 
 
 On the Slst December, IS43, they 
 left us a Provincial fuuded debt, 
 on i-^terest, of £65,000 
 
 On the 3l8t December, 1847, we 
 left them the same debt reduced 
 to / . • . £49,800 
 
 We had paid off Fifteen Thou- 
 sand Two Hundred Pounds, £15,800 
 of debt, bearing interest, and ,.,, ■ 
 
 making, with the difference of 
 cash in the chest, £25,660 
 
 Thus the Revenue prospered in our hands, 
 besides that we gave to our ovvn distressed 
 settlers in 1845, £a6(i7— to the sufferers by 
 fire in Canada, Barbadoea and Newfound- 
 land, and to the sufferers by famine in Ire- 
 land £4130— making £7797 ; to which might 
 be added further sums granted to our owa 
 suffering population between 1045 and 
 1848. 
 
 How has the country fared in this impor- 
 tant element of its prosperity under our sue. 
 cessors in the government? In the first 
 year of their administration, there was a dio 
 minntion in the Revenue of Thirty Seoai 
 Thmuand Pounds, (£37,000;) no small fall, 
 ing off in a Revenue that barely ret chef 
 £100,000, even in prosperous times. Thi» 
 year it has improved some three or four 
 thousand pounds upon last year, and it haa 
 been amusing to hear the boastings of tb* 
 Government and their frtss. The b«ut 
 
 II r-iVufiltl" . 
 
"li'irfB'ir.vf'.n, mm;i i.m!imii.«!^w. 
 
 14 
 
 
 amounts to thi«— that the Revenue tbia year, 
 instead ofbeing £37,000 less, ia only £33,000 
 less than when their predecesaora left the 
 government to their management. Truly 
 they are thankful for very small benefits ! 
 
 But this is not all. They have run up a 
 debt on interest with the Bank of Nova Sco- 
 tia, of from £5000 to £6000, which not im- 
 probably will be increased this year. 
 
 We gave the people successively £25,000, 
 £30,000, £35,000, and £27,500 for the annual 
 Road service. Their utmost aim is to reach 
 £2a,000 to £24,000 for the same service. 
 
 All the while the Agriculture, the Com- 
 merce, the Manufactures, and the Fisheries 
 have been receding in prosperity — more and 
 worse than this, your population is receding. 
 Let the Honblo. Provincial Secretary go 
 among his constituency in this City and 
 collect the testimony of the principal Me- 
 chanics — the Carpenters, Masons, Cabinet- 
 Makers, Tailors, Shoemakers and others, 
 and he will find that their best journeymen 
 have left and are leaving them for the United 
 States, in search of a subsistence which they 
 eannot find here — their employers here being 
 no longer able to give them their accustomed 
 wages. The Provincial ii^ecretary eayt they 
 will come back. Yea! when they prefer the 
 miserable and uncertain wages they get 
 here to the more handsome remuneration 
 they find for their labour therQ. Imagine a 
 young Novascotian earning in the summer 
 seven dollars a month, besides his board, 
 and unable to find profitable employment 
 for the winter, who, seeking to improve his 
 condition, goes to Boston. There he imme- 
 diately obtains fourteen dollars a month and 
 his board — from twenty to thirty dollars 
 during the mowing season, and twelve dol- 
 lars in the winter, lie returns to Nova Sco- 
 tia. His clothing is of the best materials, 
 and made in the best style — yet in every 
 resf ect suitable to his calling. His appear- 
 ance, manner, and bearing, betoken one 
 who feels that he has secured his independ- 
 ence and advanced in his position in society. 
 This is no fancy picture. It waa the cate 
 of a young farmer who had been in my own 
 ■ervice. When I conversed with him, I 
 was proud of my countryman — yet I grieved 
 that he and hundreds such as he were with- 
 drawing their strength from the coun ry of 
 their birth to add it to thepowerof c for>>ign 
 atate. For, sir, became not to remain, and he 
 returned te Boston to be followed by other 
 members of his family, altho' relutantly 
 did he first leave his native shores, and still 
 more reluctant were his worthy parents that 
 he should be separated from their care and 
 supervision. 
 
 1 ask, Mr. Chairman, what baa the coun- 
 try gained since the advent to power of the 
 present party ; a party so profuse in pro- 
 mise f Loss, disappointment, shame, is all 
 oar gain, will multitTides answer, many of 
 Vhom were prone to expect better things. 
 But hoB there been gain to none i" Oh, 
 yes, sir! The pseudo patriots have gained. 
 The hon. Provincial Secretary may imile 
 over broken promises and a deluded people — 
 he may triumph in the thought that he fills 
 a place from which he drove a Baronet,— and 
 yet a nobler, a more truly liberal spirit never 
 •aiiMted mta than thM same Btronet's.— 
 
 He waa truly and unostentatioualy what many 
 
 are in profession — the poor man's friend 
 
 Again, sir, Mr. McNab, the Receiver Gene- 
 ral, when he retires to his home from the easy 
 duties of a divided office— divided in doty, 
 not in emolument, can gather his family 
 around his hearth, and complacently wonder 
 how long his friend — the near relative of hi* 
 old and intimate friend — poor Fairbanks, (hS 
 in kindness he may call him,) and his family 
 will have a roof to shelter and a hearth to 
 cheer them, and then he may retire to dream 
 of wealth that Californian voyages bring to 
 sleepinq partners. But, sir, I repeat — what 
 have the people gained ? The answer sounds 
 around us and about us:— when the time to 
 give it voice shall arrive, I am greatly misled 
 if its significancy will be the subject of doubt. 
 I cannot here refrain from a tempting pas- 
 sage from an author more oflen praised than 
 read or understood, admirably appropriate in 
 its description — the correctness of its prophe- 
 cy it is the province of the future to unfold :— 
 
 " If the thing called Government merely 
 drift and tumble to-and-fro, no-whither, on 
 the popular vortexes, like some carcass of a 
 drowned ass, constitutionally put " at i/m top 
 of affairs," popular indignation will infallibly 
 accumulate upon it— one day the popular 
 lightning descending forked and horrible, 
 from the black air, will annihilate said supreme 
 carcass, and smit:; it home to h» native oozo 
 again." 
 
 Mr. Chairman, let me hasten to a close. 1 
 again repeat what cannot be too deeply im- 
 pressed, that if the principles, recognitions, 
 and changes which I urge are necessary, pru- 
 dence demand that they should be adopted 
 immediately, before the exigencies of the 
 people drive them to require changes more 
 organic, of doubtful policy; for believe mo 
 sir, as 1 have already said, if our present sys- 
 tem be not made suitable to our condition and 
 the wants and wishes of the people, the next 
 step will be to the system of direct election ; 
 and failing that also, the current will, in all 
 human probability, then set towards annexa- 
 tion with a power not to be checked or resisted. 
 Hence, sir, the propriety— the necessity of 
 these resolutions, and the sourse they indi- 
 cate. 
 
 How fir the desire for annexation may 
 prevail in Nova Scotia, I venture not to say. 
 I think I lately saw in a Liberal Journal, over 
 the very significant initials " G. R- Y.," ths 
 declaration that the sentiments of the people 
 were strongly tending toward annexation. — 
 The remedy proposed was the Quebec Rail- 
 road ; but as this seems somewhat a distant 
 and uncertain scheme, 1 apprehend we should 
 seek a mote practicable and immediate cure 
 for the disease. The question of annexation, 
 however, should it come to be discussed in 
 this province, I venture to say will be gene- 
 rally treated on utilitarian principles. The 
 morals of Downing Street have dissipated the 
 prestige that once bound the Colony to the 
 Parent State by sentiment apart from rea- 
 soning. 1 repeat, sir, The tnorali of Downing 
 Street. Let me select a few instances without 
 leaving the aftaira jf our own little Province. 
 Sir Rupert D. George was desired to re- 
 tire from office when the present Provincial 
 Administration came into power. He wtahed 
 delay uatil Etrl Grey should b« eonmUtedoa 
 
IS 
 
 the amount, and the leeurity of the retit'.ng 
 allowance to which he was entitled under 
 hii Lordahip'a deapatch of Slat March, 1847. 
 Thia delay waa denied, and on hia continued 
 refuaai to reaign, until the Colonial Secretary 
 could be conaulted, he waa removed by Sir 
 John Harvey, and hia removal gazetted here. 
 Earl Grey, in a deapatch dated in March, 
 1848, confirms the act of the Provincial Go- 
 vernment, but informs Sir John Harvey he 
 had no power to rmnove, but in point of form, 
 should only have suspended. Yet, sir, in a 
 case thus distinctly before Downing Street 
 authorities, Mr. Hawes, the Under Secretary, 
 on the 12th May in that year, in answer to a 
 question put in the House of Commons, by 
 Mr Cochrane, whether Sir Rupert D. George 
 had been removed from office, replied that Sir 
 Rupert George had resigned his office. 
 
 Again, sir, when a petition from Nova Sco- 
 tia was presented in the house of Lords, Earl 
 Grey asserted that of the hundred Magistrates 
 alleged to have been removed, forty were 
 dead — a statement which obviously embar- 
 rassed Lords Stanley and Brougham, who 
 advocated the memorial, and compelled them 
 to say, that, much as they might condemn 
 the removal, they could not justify such a 
 misrepresentation. Yet, air, the statement 
 of the petitioners, ums true ; and Earl Grey's 
 was not irtie. The number of the excluded 
 Magistrates had been ascertained by exclud- 
 ing from the calculation all who were known 
 to have died, or left the country, and more 
 than one hundred were found to remain after 
 that exclusion. When it is recollected 
 that the Provincial Government had been 
 requested in the Assembly to furnish a return 
 of the names of the excluded Magistrates, 
 and had refused to do so, the injustice that 
 has been practised becomes more flagrant. 
 
 On hearing of the aspersions on their cha> 
 racter, some of the petitioners residing in 
 Halifax immediately transmitted to Earl 
 Grey a letter setting him right as to the 
 facts, and in effect requesting him to men- 
 tion in Parliament the vindication which 
 they gave. He did not do so, and the let- 
 ter waa laid aside on the ground of a techni- 
 cal informality in its transmission. It does 
 seem that — magnanimity or generosity, I 
 will not say— but that the commonest prin- 
 ciples of justice and ingenuousness demanded 
 from Earl Grey some vindication of gentle- 
 men he had been the instrument of publicly 
 maligning, without reference to the mode in 
 which the communication had reached him ; 
 and allow me to say that you cannot find in 
 Halifax gentlemen of more unblemished re- 
 putation — more respectable position in so- 
 ciety rr higher sense of the value of charac- 
 ter than .mong those who sought at Earl 
 Grey's hand, the act of justice he saw fit to 
 withhold ; and do I go too far in saying that 
 when he withheld the explanation that can- 
 dour demanded, he adopttd the mis-state- 
 ment which at first, it may be, ho waa but 
 Mie instrument of inadvertently making. 
 
 Again, Sir, Earl Grey stated, as a reason 
 for abandoning his engagement in the case 
 of Sir K. D. George's arrears, that Sir 
 Rupert had not remonstrated against the 
 •At ; wheieu in fact, as appaut fton Mr 
 
 own journals, not only was that not the ease, 
 but Earl Grey considered at large and 
 answered the n>emorial complaining of the 
 Civil List Bill in not providing for the arrears 
 with Sir Rupert D. Georae^s signature to it, in 
 the very despatch in which he made this as- 
 sertion, With such singular carelessness does 
 the noble Lord who now governs the Colo- 
 nies deal with his statements of facts, when 
 depriving an officer of money justly earned ; 
 and so easily did he find reasons for disre- 
 garding his solemn pledge. To this place 
 belong also the cases of the arrears and of 
 Mr. Fairbanks, but it is unnecessary to dwell 
 on them further. 
 
 There was a time when the British Colon- 
 ist met the American citizen with confidence. 
 His boast of the rapid progress of his country 
 was met by our well-founded pride in the 
 nicer moral feeling — the higher toned senti- 
 ment of public justice — the more elevated 
 principles in dealing wilh public servants that 
 monarchy creates ; and English justice, and 
 the honor of the Crown, were felt to belong 
 to the Colonies, not less than to the Imperial 
 State. How is it now .■■ Were a Nova Sco- 
 tian hardy enough to venture on such an ar- 
 
 fument, the American would point to Mr. 
 'airbanks, and refer to th'? case of the arrears, 
 and ask what Republican statesman had ever 
 so violated his predecessor's acts and hia own 
 declarations, or so abandoned the rights of 
 officers and citizens committed to his trust. — 
 He might tell you the repudiation of the 
 British Secretary of State threw into the 
 shade the Fennsylvanian, and scornfully ask 
 where slumbered the spirit of Sydney Smith ? 
 No, Sir ! The day of sentiment is past. — 
 Duty will be the rule of conduct, and the 
 people of Nova Scotia are not and will not be 
 unmindful of the duty of allegiance; but 
 they will remember also their duties as men 
 — yes ! aschristian men, to themselves, their 
 families, and their country ; and when 
 change shall be made necessary, if it should 
 ever be made necessary — for the happiness 
 of themselves — for their children's well- 
 being — for the moral and efficient govern- 
 ment of their country, they will not sacrifice 
 the greater duties to the less, nor surrender 
 to a name the most enduring obligations; 
 and when that hour comes, if ever it should 
 come — they will cast from them the bully- 
 ing despatches of a Secretary of State with 
 the contempt such insulting^nisnilB'deserve 
 from Freemen ! 
 
 Should this duty ever be enforced on No- 
 va Scotians, may the day be distant; and 
 may it not arrive till I shall have ceased to 
 be an actor on the stage. But what the 
 future may demand is for the future to Ire- 
 veal. We have the tangible realities of the 
 present to deal with ; for to use the language 
 of the author I have already quoted — " The 
 present time, youngest born of Eternity, 
 child and heir of all the past times, with 
 their good and evil— and parent of all the 
 future, ia evet a new era to the thinking 
 man, and comes with new questions, ana 
 significance, however common place it look : 
 To know it, and what it bids ut ^o, i$ turn (As 
 luni qf Knovitdg* for m ulV* 
 
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 4