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Legislative Assembly, 8 March 1866, New Brunswick Confederation Debates

PROVINCIAL PARLIAMENT.

HOUSE OF ASSEMBLY.

FREDERICTON, 8TH MARCH, 1866

This being the day appointed by Proclamation for the meeting of the Legislature, at Three o'clock His Excellency the Lieutenant Governor came to the Council Chamber, and being seated on the Throne, commanded the attendance of the House of Assembly, who being come, His Excellency was pleased to open the Session with the following
SPEECH :
"Mr. President and Honorable Gentlemen of the Legislative Council,
"Mr. Speaker, and Gentlemen of the House of Assembly.
" It affords me satisfaction to meet you again assembled in Parliament.
" In accordance with instructions received by me since the close of the last Session, a Member of my Government was despatched to Quebec to attend a Council summoned by the Governor General of Canada from the various British North American Colonies, for the purpose of affording assistance to Her Majesty's Government in the negociation of Commercial Treaties. I have directed the Report of that Gentleman to be laid before you.
" The Government of the United States having announced a resolution to terminate the Treaty existing between that Power and Great Britain, for the reciprocal regulation of Trade, I deemed it right on the invitation of the Government of Canada, and with the concurrence of that of Nova Scotia, to despatch a Delegate to Washington for the purpose of endeavoring, in concert with Her Majesty's Minister in that Capital, and Delegates from the Sister Provinces, to procure a temporary prolongation of an arrangement which has proved mutually beneficial to both countries, in the hope that time might be thus afforded for negociations, with a view to a permanent renewal of the Treaty. I regret to inform you, that the efforts of the Delegates have not been attended with success, and that the Treaty will consequently very shortly expire. I do not, however, suppose the discussions on this subject to be finally closed, and I trust that, when revived, they may lead to a satisfactory issue. Meanwhile it is for you to consider whether any revision of the Revenue Laws of this Province may be rendered necessary by the abrogation of this agreement. With a view of ascertaining whether, in this event, new channels may not be opened to our commerce, I have, in concert with the Governors of the other British North American Provinces, despatched a Delegation to the West Indies and certain States of South America. Papers on this subject will be laid before you.
" You will have learned with indignation the existence of a conspiracy, having for its avowed object the dismemberment of the British Empire. Various circumstances would appear to indicate that an attack on some portion of Her Majesty's North American Dominions is contemplated by those engaged in this mad and wicked enterprise. It is difficult to believe that an attempt, so certain to be attended with failure, can be seriously intended. I rejoice, however, in the conviction that but one sentiment of loyalty animates the people of this Province, and that its inhabitants of every race, creed, and station, are alike ready to repel lawless aggression, and to punish unprovoked hostility. I know that I may rely on your hearty concurrence and support in the adoption of the precautionary measures which may be needed to avert so grave a calamity as the occurrence of an armed conflict within our borders.
" You will be gratified to learn that the Act passed by you during the last Session, for the better regulation of the Militia, has worked in a highly satisfactory manner. My attention has been steadily directed to carrying its provisions into effect, and my warmest thanks are due to those who have afforded me zealous and efficient assistance in this respect. The attention of the Imperial Government, and of those of the various Colonial dependencies of the British Crown, have of late been more seriously directed to the organization of this important branch of national defence, and, with your aid, I trust the Militia Force of New Brunswick may ere long be placed in a condition of efficiency.
" The Bill relative to the issue of Treasury Notes, passed by you with a suspending clause, has not yet received her Majesty's approval. The reasons which have induced Her Majesty to delay Her assent to this measure, will be forthwith communicated to you.
" In compliance with the request contained in an Address from the House of Assembly, two members of my Executive Council were directed by me to proceed to England to confer with Her Majesty's Government on various questions of importance, and to conduct other negociations on behalf of this Province. The Report of these Delegates will immediately be laid before you, and you will learn satisfaction that a Contract has been entered into by them which, in conjunction with measures adopted by the Government of Nova Scotia, will ensure the completion of Railway Communication between St. John and Halifax at no distant date.
" A Contract has also been completed for the construction of a Railway from St. John to the Frontier of the United States, the works on which have already Commenced and are now in progress.
" Since I last met you in Parliament, the Crown has been deprived of the services of two of its most distinguished functionaries this Province, and I now desire to express to you my keen sense of the loss which New Brunswick has sustained in the retirement of Chief Justice Sir James Carter, and the death of Chief Justice Parker.
"Mr. Speaker and Gentlemen of the House of Assembly,
" An Account of the Income and Expenditure of the past year will be laid before you. Although the Revenue was considerably less than that received in 1864, it yet exceeded the Estimate, and I am happy to inform you that, since the close of the financial year, it has steadily improved. The Estimates, which will be immediately submitted to you, have been framed with as close an attention to economy as a due regard for the exigencies of the public service and the security of the Province would permit.
"Mr. President, and Honorable Gentlemen of the Legislative Council,
"Mr. Speaker, and Gentlemen of the House of Assembly,
" I have received Her Majesty's commands to communicate to you a Correspondence on the affairs of British North America, which has taken place between Her Majesty's Principal Secretary of State for the Colonies and the Governor General of Canada ; and I am further directed to express to you the strong and deliberate opinion of Her Majesty's Government, that it is an object much to be desired, that all the British North American Colonies should agree to unite in one Government. These papers will immediately be laid before you.
" I trust that your deliberations may tend to advance the welfare of the Province and of its people, and a pledge that this will be the case may be found in their being undertaken, as I am sure they will be, under a full sense of your grave responsibilities, and in a spirit at once of confident self reliance and of loyal attachment to that great Empire of which New Brunswick forms a part, and her connection with which is at once her security and her pride."
The Members of the Assembly having returned to the Lower House, His Honor the Speaker read the opening Speech.
Mr. W. J. GILBERT introduced a Bill to make better provisions for the secrecy of the ballot, and to prevent ? 2 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866 ences at elections of members to serve in the General Assembly of the Province.
Mr. BOYD then moved the following Address in answer to His Excellency's Speech :
To His Excellency, the Honorable ARTHUR HAMILTON GORDON, C. M. G., Lieut. Governor and Commander in Chief of of Province of New Brunswick, &c., &c., &c.

THE HUMBLE ADDRESS OF THE HOUSE OF ASSEMBLY

MAY IT PLEASE YOUR EXCELLENCY,-
1. We, Her Majesty's faithful Subjects, the Commons of New Brunswick, thank Your Excellency for the Speech delivered at the opening of the present Session.
2. We thank Your Excellency for the assurance that the Report of the Delegate despatched by Your Excellency to Quebec, to attend a Council summoned by the Governor General of Canada, for the purpose of affording assistance to Her Majesty's Government in the negociation of Commercial Treaties, will be laid before us.
3. We thank Your Excellency for responding to the invitation of the Government of Canada in sending a Delegate to Washington for the purpose of endeavoring, in concert with Delegates from the Sister Provinces, and Her Majesty's Minister at Washington, to procure a temporary extension of the Reciprocity Treaty, with a view to afford time for full negociations, having for their object the establishment of a permanent commercial arrangement with the United States upon a basic mutually beneficial ; and we unite with Your Excellency in the expression of regret, that the efforts of the Delegates were not successful, and we trust that discussion on this subject, if revived, may lead to a satisfactory issue. We are pleased to learn that Your Excellency has, in concert with the Governors of the other British North American Provinces, despatched a Delegate to the West Indies and certain States of South America, with a view of opening up new channels to our Commerce. We will carefully consider any measure having for its object any revision of the Revenue Laws rendered necessary by the abrogation of the Treaty.
4. We learn with feelings of deep indignation the existence of a conspiracy, having for its avowed object the dismemberment of the British Empire. We would hope that no attack will be made on any portion of Her Majesty's North American Dominions ; but in that event, we rejoice in being able to assure Your Excellency that but one sentiment of loyalty animates the whole people of this Province ; and its inhabitants, of every race, creed, and station, are alike ready to repel lawless aggression and to punish unprovoked hostility ; and Your Excellency can confidently rely upon our cordial cooperation and support in the adoption of any measures of a precautionary character, that may be necessary to avert a calamity so serious as that of the occurrence of an armed conflict within our borders.
5. We are gratified to learn that the Act passed at the last Session of the Legislature for the better regulation of the Militia has worked satisfactorily ; and we are pleased to learn that the attention of the Imperial Government and the Colonial dependencies of the British Crown continues to be directed to the organization of this important branch of national defence, and we will be ready to afford such aid to this Institution as the financial resources of the country will justify.
6 We shall be pleased to learn the reasons which have induced Her Majesty to delay her approval of a Bill passed at the last Session of the Legislature authorizing the issue of Treasury Notes, and when communicated to us they will be carefully considered.
7. We thank Your Excellency for having complied with our request that a Delegation should be sent to England to confer with Her Majesty's Government on important subjects, and to conduct other negotiations on behalf of this Province, and we are pleased to know that the Report of the Delegates will be laid before us.
8. We learn with satisfaction that contracts have been entered into which, when executed, will secure uninterrupted Railway Communication from Halifax to the United States.
9. We join Your Excellency in the expression of regret that since the last Session the Crown has been deprived of the valuable services of two of its most distinguished public servants in this Province, and we participate in the general sorrow which is felt at the death of the late Chief Justice the Honorable Robert Parker.
10. We thank Your Excellency for the assurance that the Accounts of Revenue and Expenditure of the past year, and the Estimates for the current year, will be laid before us ; and we are gratified to learn that the Revenue of the past year exceeded the Estimate, and that during the current year it has steadily improved.
11. The Correspondence which has taken place between Her Majesty's Principal Secretary of State for the Colonies and the Governor General of Canada, on the affairs of British North America, when laid before us will receive due attention, and the opinion expressed by Her Majesty's Government will command that respect and attention which is due to suggestions emanating from so high a source ; but in any scheme for a Union of the British North American Colonies which may be proposed, it is, in the opinion of this House, absolutely essential that full protection should be afforded to the rights and interests of the people of this Province ; and no measure which fails to obtain these objects should be adopted.
12. We sincerely trust that our deliberations may tend to advance the welfare of the Province and of its people, and we assure Your Excellency that they will be undertaken under a full sens of our responsibilities, and in a spirit of loyalty and attachment to our Sovereign, and we feel security and pride in our connection with that great Empire of which New Brunswick forms a part.
HON. MR. GILLMOR moved that- copies of the Speech of His Excellency be printed for the use of the Members of the Honse of Assembly. Blank filled with 200.
MR. BOYD moved that the House do on Monday next go into consideration of the proposed Address to His Excellency. Carried.
MR. MCMILLAN put the question to His Honor the Speaker if any appointment of Door Keeper to the House had been made on the death of Mr. George Anderson.
SPEAKER.—He could not say, as he had not been informed.
MR. W. J. GILBERT suggested that some member of the Government inform the House.
HON. ATTORNEY GENERAL.—The Government had appointed Mr. Benjamin Wheeler.
MR. WETMORE contended the Government had no right to make the appointment without the authority of the House ; and he did not see any reason why the House should submit to it. He held that if the House wished and required any person for door-keeper, it necessarily had the right of making the appointment. The Government had no right to interfere with their privileges.
HON. ATTORNEY GENERAL said it was necessary to have a person at the opening of the Legislature to act as door keeper, and so the appointment was made. But if the House thought it had the right of appointment, the Government in that case had none. He did not wish to interfere with any of the privileges of the House.
MR. WETMORE said he should, in order to test the question of right, move that the House do proceed to the appointment of a door-keeper, in the room of George Anderson, deceased.
MR. W. J. GILBERT argued that the direct right of appointment lay in the hands of the Sergeant-at-Arms, and the House had supervision over the exercise of that right. The right of appointment of door-keeper might be a small affair, but if the House gave way, because it was small, their rights, by allowing such a precedent, might be invaded in matters of larger concern.
HON. ATTORNEY GENERAL said : That his present opinion was that offices connected with the House should he appointed by the House, and he would suggest that the matter be referred to the Committee of Privileges.
MR. FISHER had no objection to let the matter go to the Committee.
MR. WETMORE said—in making the motion—he did it not with a wish to remove the present door keeper, but merely to ascertain and protect the privileges of the House.
MR. KERR was of opinion that the House should retain the power of appointing all its officials. They appointed their Speaker, they appointed their Chaplain : why should they not appoint their Door Keeper? If a person received an appointment in the House, the House should have the power of making it. It was the way in Nova Scotia, and, he believed, all the other Provinces, that all officials were appointed by a direct vote of the House. He then referred to the Journals, and the appointment of the second Clerk of the House by the first Clerk : and argued that a regular system should be adopted, and finally moved-
" That the question to appoint the Door Keeper and other subordinate officers of the House, be referred to a Committee of Privileges to report thereon."
Which, after further desultory conversation, was carried, Mr. Wetmore withdrawing his motion.
MR. WILLISTON moved that a Committee be appointed to take into consideration the Contingencies of this House,—
DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 3
Committee : Messrs. Williston, Young, Otty, Boyd. L. P. W. Desbrisay.
MR. MCCLELLAN moved that a Committee be appointed to whom shall be referred all matters relating to the mining interests. Committee : Messrs. McClelan, Bailey, Thompson, Connell, Wilmot.
MR. GILBERT read the report of the Committee appointed to provide for the Reporting and Printing the Debates, and said the Committee had taken great trouble to carry out the arrangements, and had done their best to economise, and secure the services of competent Reporters. The terms of the arrangement were similar to those that had been made last year. As the present Session promised to be one of the most important that had taken place in the Province, and as it would be desirable that the proceedings of the House should be circulated abroad, he proposed that 7000 copies of the Debates should be printed.
The report was then adopted.
MR. SUTTON moved that a Committee be appointed to whom shall be referred all matters relating to the agricultural interests of the Province. Committee : Messrs. Sutton, McClelan, Meehan, Kerr, Caie, Landry, Lewis, Scovil, Perkins, Cudlip, Hatheway, W. E. Perley, Costigan, and Thompson.
MR. WETMORE moved that the apportionment of the Debates should be according to the population of 1861.
MR. MCMILLAN contended that it was not in the city that the hon. mover of the resolution represented that the Debates were wanted to circulate, it was outside places. In St. John they had a daily synopsia of the proceedings of the House in the newspapers, and it was found that the people there did not properly appreciate the Debates. He hoped the hon. mover would not object to give each member of the House an equal portion.
After a few observations from Messrs. Boyd and McClelan. Hon. G. L. Hatheway said if the resolution was carried out St. John would get the sixth of the Debates, as its population was a sixth of that of the entire Province. He agreed with the ex-Surveyor General that it was outside places—in such Counties as Gloucester and Restigouche, where the people in the back settlements did not receive the newspapers—that the circulation of the Debates was needed. He would much prefer that the arrangement for the distribution of the Debates should remain as it was.
MR. LINDSAY spoke in favor of the resolution.
MR. CAIE said that the golden rule " to do unto others as we would be done by," should govern them in this matter. He did not consider it fair play that Gloucester or Restigouche should receive as great a portion as Kent, whose population was so much greater. He would ask if it was a question of supplying material wants, if it would be fair play to give Restigouche as many barrels of flour as Kent ? It was equally necessary to provide food for the mind as the body, and the same rule should apply.
MR. MCMILLAN said the hon. member who had just spoken seemed determined to stand up for Kent : yet if he was so determined to have fair play—as half of the population was French in that County—why did he not move that the Debates be printed in French ? He would move, as an amendment, that the distribution of the Debates be an equal number to each member of the House.
MR. WETMORE contended that if many of the people in St. John did get information of the proceedings of the House from the newspapers, for those newspapers they had the supreme felicity of paying. The only fair and reasonable way was distribution by population.
MR. CORAM said that it was only the people of the city that got the advantage of the papers published in St. John ; there was a large number of people throughout the County in the backwoods who did not see a paper.
MR. KERR supported the amendment, and argued if St. John, with its population of between thirty and forty thousand people, could make good its claim to a distribution of Debate on that basis, they might, if the principle was allowed, seek to apply it also to the distribution of bye-road money, which had not been dreamt of yet. In St. John, papers were issued daily ly, morning and evening—there the great bulk of the people received them, and read the synopsis of the Debates ; but in the country the people could not get them, and in many cases, if they could, they were too poor to pay for them. He thought that each member should have equal rights with other members, and receive an equal number.
The amendment being put to the vote, was carried.
On motion, the House was adjourned until to-morrow at 10 o'clock.
A. A.

Source:

New Brunswick. Reports of the Debates of the House of Assembly. St. John: G.W. Day, 1865-1867. Microfilm copies provided by the Provincial Archives of New Brunswick.

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Selection of input documents and completion of metadata: Gordon Lyall.

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