After the Journals were read the members of the House who were absent on 
               
               Thursday, were sworn in by His Honor 
               
               Judge Allan, with the exception of Mr. 
               
               Smith, who was still absent. 
               
               
            
            
            
            
               
               
               PROPOSED ADDRESS IN ANSWER TO HIS EXCELLENCY'S SPEECH. 
                  
               
               
               
               
                  MR. BOTSFORD said he did not oppose going on with the order of the day, 
                  
                  but he thought it a matter of courtesy 
                  
                  due to the leader of the late Government, 
                  
                  who was unavoidably absent, that the 
                  
                  consideration of the answer to His Excellency's Speech should be postponed until 
                  
                  Monday, He (Mr. Smith) would be here 
                  
                  to-night. Questions may arise during 
                  
                  the discussion which it would be necessary for him to answer, therefore, they 
                  
                  should as a matter of courtesy adjourn the 
                  
                  debate until Monday, particularly as it 
                  
                  has been the usual course to take up this 
                  
                  subject on that day. 
                  
                  
 
               
               
               
               
                  Hon. MR. FISHER said he did not 
                  
                  want to take advantage of any one, he did 
                  
                  not see that any discussion would arise 
                  
                  which would affect the leeder of the late 
                  
                  Government. They should press the 
                  
                  business forward as fast as possible. 
                  
                  This was the third day of the Session, 
                  
                  and in short sessions, the address was 
                  
                  generally taken up on the second or third 
                  
                  day. He wished to give notice of a resolution on the subject of Union, and 
                  
                  also to give notice (in the absence of the 
                  
                  Provincial Secretary) of supply. The 
                  
                  public business of the country requires 
                  
                  His Excellency to go up the River on 
                  
                  military matters next week ; they therefore could not delay the consideration of 
                  
                  this address. He would put it to the 
                  House, whether the Government would be 
                  justified in doing so. He could not consent to this delay, and he hoped they 
                  would not be considered uncourteous in 
                  pressing on the business of the country. 
                  
                  
 
               
               
               
               
               
               
                  MR. KERR said that he observed in 
                  
                  the journals of 1857 that the House met 
                  
                  on Wednesday the 24th of June, attended 
                  
                  to the routine of business, elected a 
                  
                  Speaker, and on the 25th of June at 2 
                  
                  o'clock they presented the address in 
                  
                  answer to the Speech. 
                  
                  
 
               
               
               
               
                  The motion was then carried, after 
                  
                  which His Honor 
the SPEAKER read 
                  
                  part of the proposed address, when— 
                  
                  
 
               
               
               
               
                  MR. BOTSFORD remarked that there 
                  
                  had been a slight alteration in the phraseology. He did not know by what parliamentary
                  rule an address was altered after 
                  
                  it had been published and laid upon the 
                  
                  table. If any alterations were necessary, 
                  
                  the members of the House should have 
                  
                  
                  
                  
                  
                  
                  8 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 
                  
                  
                  been apprised of it, and they should have 
                  
                  been made with the Speaker in the chair. 
                  
                  
 
               
               
               
               
                  His Honor 
the SPEAKER said the 
                  
                  time to make those observations would be 
                  
                  when the address was read by paragraph. 
                  
                  When this was done he hoped his honorable friend would be able to state the 
                  character of the alterations that had been 
                  made. 
                  
                  
 
               
               
               
               
               
               
                  The address was then read, after which 
                  
                  upon motion of 
Mr. Kerr it was read by 
                  
                  paragraph. The first paragraph passed 
                  
                  unanimously. Upon the reading of the 
                  
                  second paragraph—  
                  
                  
 
               
               
               
               
                  MR. BOTSFORD said he did not rise 
                  
                  to move any formal amendment for he did 
                  
                  not wish to make any factious opposition. 
                  
                  What he had to say would not occupy 
                  much time. 'There are several paragraphs 
                  in the Speech to which he could not as a 
                  member of the late Government assent. 
                  He would connect the second, third, and 
                  fourth together in order to avoid a Speech 
                  upon them separately, and thereby not 
                  take up so much of the time of the House 
                  when members were anxious to get 
                  through with the business as quickly as 
                  possible. In reading the address we find 
                  it stated that,—  
                  
                  
 
               
               
               
               
                  
                  
                  
                     2. We learn with pleasure that Her 
                     
                     Majesty the Queen graciously received 
                     
                     the Address of the Legislative Council, on 
                     
                     the subject of the Union of the British 
                     
                     North American Provinces, transmitted to 
                     
                     England by Your Excellency. 
                     
                     
                  
                  
                  
                  
                     3. We agree with Your Excellency 
                     
                     that the adoption and reception by Your 
                     
                     Excellency, for transmission to Her Majesty,  of this Address on the subject of 
                     
                     the Union, led to events which rendered 
                     
                     it expedient to dissolve the late General 
                     
                     Assembly, and we believe that the Constituencies of the Province have justified 
                     
                     the course adopted by Your Excellency. 
                     Although it is an inconvenient season of 
                     the year for the discharge of Legislative 
                     duties, we will cheerfully. co-operate with 
                     Your Excellency in the transaction of 
                     such business and the perfecting of such 
                     measures as the public interest demands. 
                     
                     
                   
               
               
               
               
                  These two paragraphs refer principally to the Address of the Legislative 
                  
                  Council and its reception by Her Majesty the Queen, and to the inconvenient 
                  
                  season of the year at which the House 
                  had been called together. After viewing 
                  what took place during the last sitting 
                  of the Legislature which was familiar 
                  to most of them ; he could not say he 
                  was pleased that the Address of the Legislative Council had been transmitted 
                  to Her Majesty the Queen. Although he 
                  did not deny the right of the Legislative Council to express an opinion in reference
                  to the Quebec Scheme, or to 
                  any kind of Union, if they thought proper ; yet he believed they transcended 
                  their powers when they prayed Her Majesty to pass an Imperial Act on this 
                  question without any reference to the 
                  action of the Lower House. These 
                  
                  
                  
                  
                  
                  
                  were the views which he expressed to his 
                  
                  constituents, and he was bound to express them here. The third paragraph 
                  
                  goes on to say that the proceedings 
                  
                  which took place led to a dissolution of 
                  
                  the House. It was admitted by His Excellency that his late advisers were not 
                  
                  consulted ; as an excuse for this, he says 
                  
                  it was a matter of accident. He (Mr. 
                  
                  Botsford) held that His Excellency's 
                  
                  not consulting with his advisers was 
                  
                  subversive of their Provincial Constitution. His not having done so, caused 
                  
                  the resignation of his advisers. Another part in that paragraph he could 
                  
                  not assent to was: "We believe the 
                  
                  constituencies of the Province have justified the course adopted by Your Excellency."
                  That is not correct. It does 
                  
                  not state a majority of the constituencies, but includes the whole ; therefore 
                  
                  it states what cannot be substantiated, 
                  
                  for the Counties of Westmorland, Gloucester and Kent have not justified the 
                  
                  course pursued by His Excellency. 
                  
                  
                  
               
               
               The fourth paragraph says;— 
                  
                  
               
               
               
               
                  
                  
                  
                     4. We know that Her Majesty's Government have expressed a strong and 
                     
                     deliberate opinion that the union of the 
                     
                     British North American Provinces is an 
                     
                     object much to be desired, and that the 
                     
                     Legislature of Canada and Nova Scotia 
                     
                     concur in this view, and Your Excellency may rely with confidence on our cordial co-operation
                     in any measure which 
                     
                     may be proposed to secure that object. 
                     
                     
                   
               
               
               
               
                  Take that answer without any reference to the Speech, and it would not 
                  
                  be so very objectionable ; but when they 
                  
                  compared it with the paragraph in the 
                  
                  Speech, it was not consistent, and he 
                  
                  could not sustain it. The paragraph in 
                  
                  the Speech says :—  
                  
                  
               
               
               
               
                  
                  
                  
                     Her Majesty's Government have already expressed their strong and deliberate opinion, that the Union of the British North American Provinces under 
                     
                     one Government is an object much to 
                     
                     be desired. The Legislatures of Canada 
                     
                     and of Nova Scotia have formed the 
                     
                     same judgment ; and you will now shortly 
                     
                     be invited to express your concurrence 
                     
                     with or dissent from the view taken of 
                     
                     this great question by those Provinces. 
                     
                     
                   
               
               
               
               
                  The answer, taken in connection with 
                  
                  that paragraph, not only binds us to concur in the mode by which that resolution in
                  favor of Union was accomplished 
                  
                  in Nova Scotia ; but it goes further, and 
                  
                  binds us to assent to any measure which 
                  
                  may be proposed to secure that object. 
                  
                  He was not prepared to assent to that 
                  
                  doctrine. The mode by which it was accomplished in Nova Scotia was not constitutional.
                  It may be urged on the 
                  
                  other side that the people are represented by the House of Assembly. This, as 
                  
                  a general principle, may be correct, but 
                  
                  when you find that the constitution of a 
                  
                  country is to be altered, and those mem
                  
                  
                  
                  
                  bers who have passed upon it were elected by the constituencies of Nova Scotia 
                  
                  before it was even thought of, you must 
                  
                  say that it is not a correct principle to 
                  
                  act upon in that case. When they presume to alter the constitution without 
                  
                  giving the people a voice in it, we are 
                  going beyond our duty and powers to 
                  confirm it. He could not see upon what 
                  ground they were asked to strengthen 
                  the position of a party in a sister colony. 
                  These were the reasons why he opposed 
                  the passage of those three paragraphs, 
                  and he would call a division upon each 
                  of them. 
                  
                  
               
               
               
               
               
               
                  MR. JOHNSON said he was astonished that a professional man with the standing of his learned friend
                  from Westmorland would talk of the Legislative Council exceeding their constitutional
                  rights 
                  
                  when they addressed the Crown, and 
                  
                  asked for Imperial legislation upon this 
                  
                  question. Does he mean to say that 
                  
                  they have not the right to ask for Imperial legislation ? Does he mean to say 
                  
                  the Imperial Legislature would take action on the subject without our concurrence
                  ? They ask for this legislation, 
                  
                  presuming that the people would also 
                  
                  ask. My hon. friend says they transcended their duty. What rights have this 
                  
                  House more than the Upper House, except the initiation of money grants ? Let 
                  
                  us trace the origin of the House of Commons. It was first originated in 1269, 
                  
                  and in 1295 the Lords and Commons sat 
                  
                  in the same room and voted together, 
                  
                  and it took majority of both Houses together to carry a measure. They were  
                  not seperate branches at all. If we deny 
                  the rights of the Upper House, we might  
                  as well abolish it altogether. The 
                  House of Lords has been a protection to 
                  the country, and their rights are the same 
                  se the rights of the Lower House, except 
                  the initiation of money grants. When 
                  the tariff increased with the increase of 
                  trade and commerce, the interests of the 
                  people became a source of revenue, and 
                  the House of Commons claimed this right 
                  and it was assented to. For many years 
                  previously the Lords and the Commons 
                  each granted their subsidies upon the 
                  property over which they had control. 
                  For a long time after this right was given 
                  up, the House of Lords maintained their 
                  right to alter and amend bills of that 
                  kind, but finally this right was also given 
                  up. The House of Lords has now no 
                  right to alter or amend those bills, but 
                  simply to accept or reject them. He 
                  called npon his hon. friend, as a lawyer  
                  and a statesman, to point out in the history of their country any rights possessed
                  
                  by the House of Commons, further than 
                  has been stated, that were different from 
                  those possessed by the House of Lords. 
                  They each have the right to originate 
                  bills. A bill was originated in our Upper 
                  
                  
                  
                  
                  
                  DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 9
                  
                  
                  
                  House to alter the representation of our 
                  
                  country. This was a bill which they had 
                  
                  no interest in. They sent it down here, 
                  
                  and there was no objection raised To its 
                  
                  reception. This House received that 
                  
                  bill, and it was read a first and second 
                  
                  time. No member asked to have it laid 
                  
                  before the Committee on Privileges. The 
                  
                  reason the question was not taken upon 
                  
                  t was because it came in so late in the 
                  
                  Session that there was no time to take it 
                  
                  up. If they had rejected or amended 
                  
                  the bill, it would not have been because 
                  
                  the Legislative Council had no right to 
                  
                  bring it in, for having received it, they 
                  
                  had admitted this right. The House of 
                  
                  Lords has introduced some of the most 
                  
                  important measures in Britain, and this 
                  is done in the face of the House of 
                  Commons, and contrary to their opinions 
                  and the opinions of the Ministry of the 
                  day. He would mention a case. During 
                  the revolutionary war the Ministry came 
                  down with their Speech, and declared they 
                  would carry out that war vigorously to 
                  the end, and the House of Commons expressed their opinion that the war should 
                  be carried on. The Earl of Chatham 
                  moved, right in the face of the Ministry 
                  and the House of Commons. to discontinue the war. We find the rights of the 
                  Lords and Commons are co-equal. Why, 
                  then does my hon. friend say they have 
                  not the same rights which we have ? Do 
                  not the same rules govern us that govern 
                  the Imperial Parliament ? In all the 
                  other Provinces of the proposed Union 
                  their Legislative Councils have been the 
                  first to act upon it, long before the House 
                  of Assemblies of the various Colonies 
                  took it up at all. If his hon. friend denied this right to exist, he would ask 
                  him at what particular year or century 
                  this change was made. If he cannot 
                  answer this, he must admit that the 
                  right still exists. He objects to this 
                  paragraph :— 
                  
 
               
               
               
               
                  
                  
                  
                     " We learn with pleasure that Her Majesty the Queen graciously renewed the 
                     
                     address of the Legislative  Council on the 
                     
                     subject of the Union of the British 
                     
                     North American Provinces transmitted 
                     
                     to England by Your Excellency." 
                     
                     
                   
               
               
               
               
                  If the Legislative Council have a 
                  
                  right to pass an address, are we not gratified to learn that Her Majesty has 
                  
                  been graciously pleased to receive that 
                  
                  address. He (Mr. Botsford) says he 
                  
                  cannot agree to adopt the third paragraph in the address, because it includes 
                  
                  the manner of His Excellency's consulting with his advisers. This is an important
                  matter, for there are many instances of the Lieutenant Governor's 
                  
                  consulting with the leader of the Government instead of all the members of 
                  
                  the Council. He says His Excellency's 
                  
                  not consulting with his advisers was 
                  
                  unconstitutional. We know that the 
                  
                  
                  
                  
                  
                  
                  House as returned was directly opposed 
                  
                  to Union in every respect. Suppose 
                  
                  the people had changed and His Excellency's advisers had not ; was it not 
                  
                  right that he should take new advisers, 
                  
                  who would adopt his views and take the 
                  
                  responsibility ? He did so, and his advisers took the responsibility of dissolving
                  the House, and the verdict of the 
                  
                  people was an approval of their course. 
                  
                  My hon. friend says the constituencies of 
                  
                  the Province did not justify the course 
                  
                  adopted by His Excellency, but only a 
                  
                  majority of them, and therefore the paragraph states what cannot be substantiated.
                  When we pass a resolution in 
                  
                  this House by a majority of the members, it is a resolution of the House and 
                  
                  not a resolution of a majority of the 
                  
                  House, and the same parallel holds good 
                  
                  in regard to the constituencies of the 
                  
                  Province. 
                  
                  
               
               
               
               
                  This course adopted by His Excellency 
                  
                  led to events which rendered it expedient to dissolve the House. Was it expedient
                  that the eleven constituencies 
                  
                  that were in favor of Union should remain governed by the voice of the three 
                  
                  that were opposed to this measure? If 
                  
                  the House of Assembly had not been dissolved the majority of the people would 
                  
                  have been misrepresented by a majority 
                  
                  of the members of the House, who did 
                  
                  not express their views on this question. 
                  
                  Will he (Mr. Botsford) contend that the 
                  
                  rights of the people were endangered by 
                  
                  this dissolution? It was the duty of His 
                  
                  Excellency's advisers to see that the 
                  
                  majority of the people were properly 
                  
                  represented, and to do that they must 
                  
                  dissolve the House. The people had 
                  
                  been hastily called upon to express an 
                  
                  opinion upon a great question, and they 
                  
                  did so ; but they had since changed their 
                  
                  views, and an opportunity was given 
                  
                  them to send men here to represent their 
                  
                  changed views. This was not endangering the rights of the people. Could any 
                  
                  Government be justified in saying, we 
                  
                  will keep you here for three years longer, 
                  
                  for if we dissolve the House we are taking away your rights. 
                  
                  
               
               
               
               
                  In regard to the fourth paragraph he 
                  
                  (Mr. Botsford) says we are called upon 
                  
                  here to express an opinion of approval 
                  
                  or disapproval of the manner in which 
                  
                  the resolution in favor of Union was carried in Nova Scotia. We are not called 
                  
                  upon to do anything of the kind ; we are 
                  
                  not called upon to decide whether they 
                  
                  took the proper course in deciding upon 
                  
                  this measure without submitting it to 
                  
                  the people. If he (Mr. Johnson) was 
                  
                  asked to say whether it was a constitutional course or not, he should say it 
                  
                  was. The representatives of the people 
                  
                  are sent here to exercise their judgment 
                  
                  and think for the people, without going 
                  
                  back to the people upon every matter 
                  
                  which comes before them. In the Imperial Parliament all those important 
                  
                  measures, like the repeal of the Corn 
                  
                  
                  
                  
                  
                  
                  Laws, have been decided without any 
                  
                  reference to the people. In the same 
                  
                  manner alterations have been made in 
                  
                  the Constitution of Great Britain. This 
                  
                  Constitution is not the same as it was in 
                  
                  the time of William III. There was no 
                  
                  such thing as responsible Government 
                  
                  in that day. It has been again and again 
                  
                  altered and improved. It has been sufficiently yielding to admit of those improvements,
                  which have been rendered 
                  
                  necessary by the increase of commerce, 
                  
                  and sufficiently strong to prevent its 
                  
                  bursting up as other countries have 
                  
                  done. The representatives of the people 
                  
                  in Nova Scotia have a constitutional 
                  right to act as they have done. and we 
                  are not asked to say whether they have 
                  done or right or wrong, for it is a matter 
                  which they must settle among themselves. We are simply asked to say : do  
                  we approve of what they have done? 
                  and we are not asked to say whether we 
                  approve of how they did it. If they have 
                  done what we conceive to be right, we 
                  can well say that we approve of the substance of the resolutions, without expressing
                  an opinion as to the manner or 
                  mode in which those resolutions were 
                  carried ; therefore my hon. friend (Mr. 
                  Botsford) is not called upon to commit 
                  himself in that matter at all. There are  
                  a few words in the third paragraph he 
                  (Mr. Johnson) thought it would be as 
                  well to strike out. The section which 
                  says: " Your Excellency may rely with 
                  confidence on our cordial co-operation 
                  in any measure which may be proposed 
                  to accomplish that object." He (Mr. 
                  Johnson) thought that was asking too 
                  much from the House. It would preclude them from asking for any alterations in any
                  measure proposed. He 
                  would suggest that they leave out the 
                  words, " in any measure which may be 
                  proposed." The section would then read, 
                  " Your Excellency may rely with confidence on our cordial cooperation to 
                  accomplish that object." 
                  
                  
               
               
               
               
               
               
                  MR. YOUNG said he still believed, as 
                  
                  he did at the close of the last session, 
                  
                  that the course pursued by the Legislative Council, in passing a resolution 
                  
                  for a Union based upon the Quebec 
                  
                  Scheme, thereby endeavoring to force 
                  
                  upon the people a measure the people 
                  
                  had rejected twelve months before, was 
                  
                  wrong. He should, therefore, vote 
                  
                  against the second and third paragraphs, 
                  
                  but if the fourth paragraph was amended 
                  
                  as proposed, he might vote for it. He 
                  
                  had been sustained by a large majority 
                  
                  of his constituents in the position he took 
                  
                  in reference to the conduct of the Government, and in reference to the Upper 
                  
                  Branch of the Legislature. He was 
                  
                  satisfied the address would pass without 
                  
                  any amendment, by at least four-fifths 
                  
                  of the members of the House, therefore 
                  
                  he would say nothing further on the 
                  
                  subject, but would content himself with 
                  
                  voting against those paragraphs in the 
                  address. 
                  
                  
 
               
               
               
               10 DEBATE OF THE HOUSE OF ASSEMBLY FOR 1866. 
               
               
               
               
               
               
                  MR. CAIE said it was not his wish or 
                  
                  inclination to show any factious opposition to the Government. In the first 
                  
                  place it would be useless to do so. In 
                  
                  the second place it would occupy too 
                  
                  much time at this season ot the year, 
                  
                  when time is so valuable. In the third 
                  
                  place, he had not conceit enough in any 
                  
                  arguments which he might use to convince the minds of the members on the 
                  
                  floors of the House. He would, therefore, merely express his dissent from 
                  
                  that paragraph which says : 
                  
                  
 
               
               
               
               
                  
                  
                  
                     " We learn with pleasure that Her 
                     
                     Majesty the Queen graciously received of 
                     
                     the Legislative Council," &c. 
                     
                     
                   
               
               
               
               
                  Representing as he did a constituency 
                  
                  of 16,000 inhabitants, three-fourths of 
                  
                  whom are what are called "Anties," 
                  
                  he felt himself called upon to enter an 
                  
                  unqualified disapprobation to the passing 
                  
                  of that paragraph, and he trusted a division of the House, showing our opinions 
                  on the matter, will be taken.  
                  
                  
               
               
               MR. STEVENS said he was glad 
                  to embrace the opportunity of raising his voice against the assertion 
                  made against the Legislative Council, 
                  that they represented nobody but themselves. The Constitution of Great 
                  Britain has received the plaudits of all 
                  writers of history. The reason of this 
                  is, because of the admirable checks 
                  which one branch has upon another. 
                  We should, therefore, endeavor to prevent the usefulness of the Upper Branch 
                  being done away with by any remarks 
                  calculated to bring them, as an independent Branch, into contempt. It has 
                  been urged by one hon. gentleman, that 
                  the Legislative Council was endeavoring 
                  to force upon the people a scheme which 
                  they had previously rejected, and because the scheme had been once rejected 
                  the people never ought to have another 
                  opportunity of expressing an opinion 
                  upon it. They were prepared to meet 
                  this constitutional question in all its 
                  bearings. The action of the Lieutenant 
                  Governor was strictly constitutional in 
                  all its details. There was no endeavor 
                  to subvert the constitution or to force 
                  upon the people a scheme that they did 
                  not wish. The Legislative Council cannot carry anything into effect without 
                  the concurrence of the other branches. 
                  They did as they were asked to do by the 
                  Imperial Government, and in consequence of doing that they brought matters to an issue,
                  which caused the resignation of a Government that had been 
                  in power long enough, and this was 
                  proved by the result of the elections. 
                  The country knew when His Excellency 
                  returned from England that there was 
                  something to be done to bring the subject of Union prominently before the 
                  people. We now find that the subject of 
                  Union was to have been brought before 
                  the people by the despatches which were 
                  to be laid before the House. If we look 
                  at the correspondence which took place 
                  
                  
                  
                  
                  
                  upon the resignation of the Government, 
                  
                  we will find that His Excellency was 
                  
                  willing to bring this about through the 
                  
                  agency of the Government, so that it 
                  
                  could be carried out without a party 
                  
                  triumph. This showed great delicacy 
                  
                  on the part of His Excellency. This 
                  
                  subject of Union was mentioned in the 
                  
                  speech from the throne, and the Legislative Council presented an address in answer
                  to the speech, the reply to which 
                  
                  was endorsed by the Government and 
                  couched in the same language in which 
                  afterwards His Excellency replied to 
                  their address on the subject of Union. 
                  The found fault because that reply was not communicated to the Government as 
                  a body, and in consequence of this they 
                  said it was not a constitutional act of the 
                  Governor. Why, he would ask, was it 
                  necessary for the Governor to do that 
                  when it was but a second copy of what 
                  they had already endorsed and approved 
                  of ? Where was the unconstitutionality 
                  of this act of His Excellency ? It was a 
                  mere matter of form, and they could not 
                  go to the country and ask them to decide 
                  on a mere matter of form.  
                  
                  
 
               
               
                A division was then taken upon the 
                  second paragraph in the address.  
                  
                  
               
               
               Yeas—Messrs. Fisher, McMillan, Williston, Connell, Kerr, Stevens, Beveridge, 
                  Lewis, Hibbard, Herbert, Johnson, Dow, 
                  Beckwith, Thompson, Perley, Babbit 
                  Ryan, J. Flewwelling, W. P. Flewwelling, 
                  Ferris, MeClelan, McAdam, Sutton, 
                  Wilmot, Chandler, DesBrisay, Glasier, 
                  —27. 
                  
               
               
               
               
                  
                  Nays—Messrs. Botsford, Meahan, 
                  
                  Landry. McInerny, Caie, McQueen, 
                  
                  Young—7. 
                  
                  
                  
                  
                  
               
               
               The third and fourth paragraphs passed 
                  each with the same division that was 
                  taken apon the second, and the remaining paragraphs passed unanimously. 
                  
               
               
               
               
                  MR. KERR moved that the address be 
                  
                  engrossed and signed by His Honor the 
                  Speaker, and presented to His Excellency by the whole House. 
                  
                  
 
               
               
               
               
               
               
                  This resolution was adopted, and a 
                  
                  Committee appointed to wait upon His 
                  
                  Excellency to know when he would be 
                  
                  pleased to receive the House therewith. 
                  
                  
                  
                  
                  
               
               
               On motion of 
HON. MR. FISHER, the 
                  following resolution was made the order 
                  of the day for Tuesday.  
                  
                  
 
               
               
               
               
               
                  
                  
                  
                     Resolved. That an humble address be 
                     
                     presented to His Excellency the Lieutenant Governor, praying that His Excellency will
                     be pleased to appoint delegates 
                     
                     to unite with delegates from the other  
                     
                     Provinces in arranging with the Imperial Government for the Union of 
                     British North America upon such terms 
                     as will secure the just rights and interests of New Brunswick, accompanied 
                     with a provision for the immediate construction of the Inter-Colonial Railway, each
                     Province to have an equal voice in 
                     such delegation, Upper and Lower 
                     Canada to be considered as separate 
                     Provinces. 
                     
                     
                   
               
               
               
               
               
               
                  On motion of 
Mr. FISHER, 200 copies 
                  
                  of this resolution were ordered to be 
                  
                  printed.  
                  
                  
 
               
               
               
               
                  On motion of Hon. Mr. WILLISTON, 
                  
                  a Bill relating the administration of 
                  
                  Justice in Equity, was referred to a 
                  
                  Select Committee to report thereon. 
                  
                  
               
                
            
            
            
            
               
               
               
                  
                  EMPLOYMENT OF COACHES. 
                  
                  
               
               
               
               
                  MR. DOW said there were three 
                  
                  coaches employed by the House. He 
                  
                  found that a Resolution was passed in  
                  
                  1865 taking this matter out of the hands 
                  
                  of the Contingent Committee, and placing 
                  
                  it in the hands of the House. He would  
                  
                  move this Resolution :— 
                  
                  
                  
                  
 
               
               
               
               
                  
                  
                  Resolved—"That two coaches be employed for the use of this House." 
                     
                     
                   
               
               
               
               
                  MR. DESBRISAY moved an amendment " that one coach be employed for the 
                  
                  use of Committees going to the Government House only."  
                  
                  
 
               
               
               
               
                  MR. JOHNSON said that would be to 
                  
                  reserve one coach for that purpose. 
                  
                  
 
               
               
               
               
                  MR. DESBRISAY observed that it was 
                  
                  necessary to have a coach for that purpose, but the members could walk to 
                  
                  their lodgings.   
                  
                  
 
               
               
               
               
                  MR. DOW said he should be perfectly 
                  
                  satisfied with that. 
                  
                  
 
               
               
               
               
                  MR. DESBRISAY altered his amendment specifying that only one coach 
                  
                  should be employed and that for the use 
                  
                  of Committees. 
                  
                  
 
               
               
               
               
                  MR. RYAN thought they had best withdraw the resolution and amendment, and 
                  
                  leave the matter in the hands of the Contingent Committee, and let them make 
                  
                  such arrangement for coaches as they 
                  
                  saw fit. 
                  
                  
 
               
               
               
               
               
               
               
               
                  MR. JOHNSON said the Contingent 
                  
                  Committee was appointed only with regard to these expenses of which they 
                  
                  could not tell the amount. The Government or the Contingent Committee have 
                  
                  no power to appoint the coaches. It is a 
                  
                  matter for the House to deal with, and the 
                  House cannot employ them until it is organized. The members of the House 
                  can require your honor to give give directions 
                  to the Seargant-at-arms to employ them. 
                  
                  
 
               
               
               
               
               
               
                  MR. RYAN said they could delegate 
                  
                  the power to a Committee if they saw fit. 
                  
                  It did not matter to him how they settled 
                  
                  it, but he thought one or two coaches 
                  
                  were sufficient.  
                  
                  
 
               
               
               
               
                  MR. JOHNSON took the position that 
                  
                  the Government or a Contingent Committee had nothing to do with those appointments
                  ; nothing should be left to a 
                  Contingent Committee that could be put 
                  down as items. The House should act for 
                  itself. 
                  
                  
 
               
               
               MR. YOUNG said the course pursued 
                  last year was to leave the matter in the 
                  hands of the Speaker. He thought if the 
                  House desired to employ two coaches 
                  they should leave it in the hands of a 
                  Committee.   
                  
                  
 
               
               
               
               
               
               
                  MR. SUTTON said they had better 
                  
                  
                  
                  
                  
                  
                  DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 11
                  
                  
                  employ them by tender, or instruct the 
                  
                  Seargeant-at-Arms to employ them. He 
                  
                  thought on coach quite sufficient to 
                  
                  carry Committees to the Government 
                  
                  House. 
                  
                  
 
               
               
               
               
                  MR. BOTSFORD said he understood 
                  
                  the Government had taken upon themselves to dismiss a coachman, and if they 
                  
                  have taken the dismissal they have taken 
                  
                  the appointment. He would ask if any 
                  
                  coaches had been dismissed by the Government. The coaches which were appointed last
                  Session continued in their 
                  
                  attendance upon the House until they 
                  
                  they were dismissed. 
                  
                  
 
               
               
               
               
                  Hon. MR. FISHER said his hon. friend 
                  
                  had better not speak of Government appointments. The door-keeper was appointed through
                  the Sergeant-at-Arms by 
                  
                  the late Government. Mr. Atherton's 
                  
                  coach had been employed by the House, 
                  
                  but last year it was dismissed and another coach employed in its place. 
                  
                  
 
               
               
               
               
                  MR. BOTSFORD—The door-keeper 
                  
                  died, and the present door-keeper was 
                  
                  appointed by the Government in order to 
                  
                  have an efficient officer there. 
                  
                  
 
               
               
               
               
                  Hon. MR. FISHER said it was no difference to him whether they employed 
                  
                  one coach or two, they had always employed two, and two would still continue 
                  
                  in attendance. He did not wish to see 
                  
                  the main question blinked, which was, 
                  
                  whether Mr. Atherton or Mr. Peters 
                  
                  should have one of these coaches. Mr. 
                  
                  Atherton was appointed in 1857, and furnished good coaches and accomodated 
                  
                  the members. He held this appointment 
                  
                  until the general election preceding this. 
                  
                  He took ground against the then Government, and the House turned him out and 
                  
                  appointed Mr. Peters. When our friends 
                  
                  have been removed from office for the 
                  
                  course which they have taken during the 
                  
                  election, it is but common justice that we 
                  
                  should restore them. Mr. Atherton was 
                  
                  removed for simply voting for us at the 
                  
                  election, and it was now their duty to restore him to his situation. These were 
                  
                  his reasons for the appointment of Mr. 
                  
                  Artherton, but neither the resolution and 
                  
                  amendment made provision for it. He 
                  
                  did not wish the coaches for himself for 
                  
                  he had a carriage of his own. The man 
                  
                  who was appointed now would retain the 
                  
                  situation during the next four years, and 
                  
                  during the winter season they had a great 
                  
                  deal of stormy weather. The salary was 
                  
                  a small matter, the members made more 
                  
                  excitement about it then the people did 
                  
                  themselves. The people are willing that 
                  
                  every convenience should be provided for 
                  
                  their representatives, and all they require 
                  
                  of them in return is that they shall discharge their duty to the best of their 
                  
                  ability.  
                  
                  
 
               
               
               
               
                  Mr. CHANDLER said the simple 
                  
                  question was did they require two coaches 
                  
                  or not. If two coaches were necessary 
                  
                  
                  
                  
                  
                  
                  they should have them. Mr. Atherton 
                  
                  was appointed in 1857 and had performed 
                  
                  his duties with kindness and attention. 
                  lf he has been removed by the late Government for any well-founded charge they 
                  should not employ him, but if he has been 
                  removed on political grounds he should 
                  be reinstated. 
                  
                  
 
               
               
               
               
                  MR. BOTSFORD said the late Government did not displace or reinstate 
                  
                  either Mr. Atherton or Mr. Peters. It 
                  
                  was the House that did it. The Government have no power to displace 
                  
                  them, and he supposed that was the 
                  
                  reason that Mr. Peters was not displaced. He (Mr. Peters) was employed 
                  
                  by the House, but he did not know whether it was from political motives or not. 
                  
                  
 
               
               
               
               
                  MR. McADAM would vote against the 
                  
                  resolution, if adopting it would prevent 
                  
                  them from re-instating Mr. Atherton, 
                  
                  who had been displaced for political reasons. 
                  
                  
 
               
               
               
               
                  HON. MR. WILLISTON thought the 
                  
                  hon. members did not understand the 
                  
                  matter before the House. In 1865 the 
                  
                  question was brought before the House 
                  
                  whether the Speaker should employ the 
                  
                  coaches. The Speaker declined, and a 
                  
                  resolution was submitted to the House to 
                  
                  authorize the Contingent Committee to 
                  
                  employ them. Mr. Peters had been 
                  
                  coachman for the Executive Council and 
                  
                  Mr. Atherton for the House of Assembly. 
                  
                  They tried to do justice to all parties. 
                  
                  They recommended that Mr. Peters 
                  
                  should be employed as coachman to the 
                  
                  House, as he had formerly served in that 
                  
                  capacity, and they thought they were doing no injustice to Mr. Atherton, for he had
                  large contracts under the Government. They also employed Mr. Turner, and these two
                  coachmen did the duty. He could bear testimony to the efficiency of Mr. Atherton,
                  but he thought the Government should not have this patronage. He had a strong feeling
                  in reference to the displacement of officers. He hoped that the day had gone by when
                  the officers could be removed except on good substantial grounds. So long as a man
                  is doing his duty to his country, so long should he continue in office. If, on the
                  other hand, a man holding an office under the Government becomes a partizan, he should
                  be removed. The question of whether Mr. Peters or Mr. Atherton be employed had better
                  be referred to the Contingent Committee, and let them investigate it fairly and fully.
                  
                  
 
               
               
               MR. JOHNSON said they should not place the patronage of the House in the hands of the Contingent
                  Committee. They might just as well delegate it to the Committee on Privileges. If
                  the House would place it in the hands of His Honor the Speaker, he would agree to
                  it, but not to placing it in the hands of a Committee of that kind. According to the
                  
                  
                  
                  
                  
                  
                  amendment, the coaches would not be 
                  
                  confined to members going to the Government House, but the Contingent Committee, or
                  any other Committee of the 
                  
                  House would have the right to use them, 
                  
                  while His Honor the Speaker would not. 
                  
                  
 
               
               
               
               
                  MR. STEVENS said the question was 
                  
                  whether they should have two coaches or 
                  one. The amendment says we shall only 
                  have one. This will not be sufficient to 
                  accommodate all the members who require coaches. He would vote for two 
                  coaches, which was the number they usually employed. The time spent in discussing
                  this subject costs more than the employment of the coaches. 
                  
                  
 
               
               
               
               
                  MR. BECKWITH moved, as an amendment, " that George Atherton and John 
                  Turner be coachmen to this House." 
                  
                  
 
               
               
               
               This amendment was then adopted— 
                  yeas 17, nays l2. 
                  
                  
               
               
               
               
                  The Committee appointed to wait upon 
                  
                  His Excellency reported that the Governor would receive the Address of the 
                  
                  House at 5 o'clock. 
                  
                  
               
               
               
               
                  HON. MR. FISHER brought in "A Bill 
                  
                  to provide for the prompt payment of all 
                  
                  demands upon the Provincial Treasury."