5
HOUSE OF ASSEMBLY.
FREDERICTON, JUNE 21st, 1866.
This being the day appointed by Proclamation for the meeting of the Legislature, at
9 A. M. the clerk called the House together and announced that His Excellency having
dissolved the late House, and warrants having been issued for a new election, the
following members had been returned as representatives of the people in the House
of Assembly, viz :—
For ALBERT COUNTY—Messrs. A. R. McClelan and J. Lewis. CARLETON COUNTY—Messrs. C.
Connell, and W. LINDSAY. CHARLOTTE COUNTY — Messrs. J. McAdam, J. G. Stevens, J. Chandler,
and F. Hibbard. GLOUCESTER COUNTY—Messrs. R. Young, and J. Meehan. KING'S COUNTY—Messrs.
W. P. Flewelling, John Flewwelling, and G. Ryan. KENT COUNTY—Messrs. W. S. Caie, and
Owen McInerney. NORTHUMBERLAND COUNTY—Messrs. J. M. Johnson, Edward Williston, George
Kerr, and R. Sutton. QUEEN'S COUNTY—Messrs. J. Ferris, and R. T. Babbit. RESTIGOUCHE
COUNTY—Messrs. J. McMillan, and A. C. DesBrisay. SAINT JOHN COUNTY—Messrs. C. Skinner,
J. H. Gray, J. Quinton, and R. D. Wilmot. SAINT JOHN CITY—Messrs. S. L. Tilley, and
A. R. Wetmore. SUNBURY COUNTY—Messrs. W. E. Perley, and J. Glazier. WESTMORLAND COUNTY—Messrs.
A. J. Smith, R.. Botsford, A. McQueen, and A. Landry VICTORIA COUNTY—Messrs. B. Beveridge,
and Vital Herbert, YORK COUNTY—Messrs. H. Dow, C. Fisher, J. A. Beckwith, and A. Thompson.
Under a Commission appointed by His
Excellency the Lieut. Governor, the oaths were administered to those members present
by His Honor Mr. Justice Wilmot.
At 10 o'clock His Excellency having
come down to the Legislative Council Chamber commanded the attendance of the House
of Assembly, when he stated that he was not pleased to tell them why
they had been called together until they
had elected a Speaker. Having done this he would meet them again at 4 o'clock.
The House then returned to the Lower
Chamber, when on motion of the Hon. S. L. Tilley they separated till 12 o'clock, then
to meet and appoint a speaker.
At 12 o'clock the House again met and
on nomination of the Hon. J. M. Johnson seconded by Mr. Ferris, the Hon. J. H. Gray
was chosen to fill the Speaker's chair by acclamation.
At 4 o'clock P. M. His Excellency being
seated on the throne in the Legislative Council Chamber, and having commanded the
attendance of the House of Assembly, opened the Session with the following
SPEECH :
" Hon. Gentlemen of the Legislative Council,
" Mr. Speaker, and Gentlemen of the House of Assembly,
" The Address of the Legislative Council to Her Majesty the Queen, on the subject
of the Union of the British North American Provinces, agreed to during the late Session,
was duly transmitted by me to England to be laid at the Foot of the Throne, and I
am commanded to inform you that Her Majesty has been pleased to receive the same very
graciously.
" The adoption and the reception by
me for transmission to Her Majesty of this Address, led to events which rendered it
in my opinion expedient to dissolve the then existing General Assembly. I have now
much satisfaction in resorting to your assistance and co-operation at the earliest
possible moment ; although I regret that it should be necessary to call you together
at a period of the year which must, I fear, render your assembling a matter of much
personal inconvenience to some of you.
" 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.
" You will have learnt with satisfaction that the mad attempt of a band of Fenian
conspirators to invade the neighboring Province of Canada has met with signal and
merited failure. You will have rejoiced to perceive that the people of the British
American Provinces are in every quarter alike firmly resolved to resist and to repel
any attack on Her Majesty's authority and dominion ; and you will, I am confident,
deeply lament the loss of those
brave men who have fallen in the discharge of that sacred duty.
" Information having reached me, which left no room for doubt, that an invasion of
this Province by a considerable band of armed and well-organized marauders was seriously
contemplated, I lost no timein taking such measures, in conjunction with Vice-Admiral
Sir James Hope and Major General Doyle, as appeared to me necessary to meet the emergency.
These measures, I rejoice to say, were perfectly successful, and the contemplated
attack, which was at one time imminent, was abandoned as an hopeless enterprise.
" You will, I doubt not, concur with me in the expression of gratitude for the promptitude
with which the aid of Her Majesty's Naval and Military Force was rendered on that
occasion, and the magnitude of the scale on which it was afforded. Whilst, however,
all immediate danger of an attack on the Frontier of New Brunswick appears to have
terminated, it is requisite that a strict vigilance should still be exercised with
regard to those who may endeavour to revive such projects, or seek to excite dissatisfaction
within the Province. It will be for yon to consider whether, under such circumstances,
precautions similar to those which have been adopted by the Imperial Parliament and
by that of Canada should for a limited period receive your sanction.
" It appeared to me expedient, while
the Frontier was menaced with invasion, to call into active service a considerable
force of the Provincial Militia. I have to express my entire satisfaction with their
conduct whilst under arms, and I rejoice to be enabled to believe that the efforts
which, for the last five years, I have unremittingly made to effect improvements in
the condition and efficiency of that Force have not proved wholy useless.
" It will be for you to consider whether
the termination of the provisions of the Reciprocity Treaty with the United States
of America, will render necessary any considerable alteration or modification of the
Revenue Laws of this Province.
" I trust that an arrangement may ere
long be again concluded which will secure, both to the United States and the British
Provinces, the mutual benefits which are likely to ensue from free commercial intercourse
between the two countries on a just and satisfactory basis.
" Mr. Speaker, and Gentlemen of the
House of Assembly,
" The employment for a considerable period of an armed force upon the frontier has
rendered necessary an unusual expenditure for military service ; but I am happy to
be able to inform you, that there is every prospect that the expenditure of the year
will, notwithstanding this unlooked for outlay, be covered by the Revenue received.
" The Accounts of the past and Estimates of the Expenditure for the current year will
immediately be laid before you .
6 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866.
" Honorable Gentlemen of the Legislative
Council,
" Mr. Speaker, and Gentlemen of the,
House of Assembly,
" The question which you are now
called together specially to consider is one
of the most momentous ever submitted to
a Colonial Legislature. Your deliberations will, I doubt not, be undertaken
with a due sense of the importance of the
interests they involve, and the solemn responsibilities which by your decision you
incur, and will, I trust, be conducted with
a sole view to the interests of the community at large. That the determination at
which you arrive may be one calculated
to promote the welfare and happiness,
not of this Province only, but one all Her
Majesty's subjects throughout the whole
extent of the wide spread dominions of
the Queen on this Continent, is my earnest hope and prayer."
The members of the House of Assembly having returned to the Lower House.
His Honor the Speaker read the opening
Speech.
Leave was granted to bring in certain
Bills.
Mr. KERR. then moved the following
Address in Reply to His Excellcency's
Speech, which was seconded by Mr.
Beveridge. Â
PROPOSED ADDRESS IN ANSWER TO HIS EXCELLENCY'S SPEECH
To His Excellency The Hon. Arthur
Hamilton Gordon, C. M. G.. Lieut.
 Governor and Commander in Chief of
the Province of New Brunswick. &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 for your Speech at the
opening of the present Session.
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.
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 of 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.
5. We learn with much satisfaction that
the Fenian conspirators have met with
signal and merited failure in their wicked
and mad attempt to invade the neighbor
ing Province of Canada. We feel assured
that the people of British North America
are everywhere resolved to resist every
attempt upon Her Majesty's authority and
dominion, and they equally lament with
you the loss of those brave men of Canada who have fallen in the discharge of
their sacred duty.
6. We thank Your Excellency for
taking in conjunction with Vice-Admiral
Sir James Hopee, and Major General
Doyle, the necessary measures to secure
the people of the Province from the effect
of the invasion of an armed body of marauders ; and we are gratified to learn that
the measures adopted were perfectly successful, and that the contemplated attack,
which was at one time imminent, was
abandoned.
 7. We unite with Your Excellency in
the expression of gratitude for the
promptness with which the aid of Her
Majesty's Naval and Military Forces was
then rendered, and the magnitude of the
scale on which it was afforded.
8. We agree with Your Excellency in
the conviction that, although all immediate danger of an attack has passed
away, necessary precautionary measures
shouldbe adopted and strict vigilance observed with regard to those who may endeavour
to revive projects of invasion or
excite disaffection in the Province, and we
will consider whether the precautionary
measures adopted by the Imperial and
Canadian Parliaments, are not required in
New Brunswick in the present emergency.
9. We were fully prepared to learn that.
the conduct of the Militia Force called
out by Your Excellencv whilst the Province was menaced with invasion, met
with Your Excellency's approbation, and
we rejoice that the efforts which have
been made to improve that branch of the
public service were attended with advantage.
10. We will consider whether the termination of the Reciprocity Treaty with
the United States of America. will render
necessary any considerable alteration or
modification of the "Revenue Laws of the
Province; and we unite with Your Excellency in expressing the hope that ere long
some arrangement may be 'again conclud- l
ed which will secure to both the United
States and the British Provinces, the
mutual benefits which would result from
the establishment of a reciprocal trade on
equitable terms.
11 . We rejoice to be informed that the
expenditure of this year will be covered
by the Receipts, notwithstanding the unlooked for outlay, occasioned by the employment
for a considerable period, of an
armed force upon the Frontier.
12. We thank Your Excellency for
having directed the Accounts of the Receipts and Expenditure of the current
year, to be laid before us.
13. We agree with Your Excellency in
the opinion that the question of the Union
of the British North American Provinces,
upon which the people of New Brunswick
have recently expressed so strong an
opinion, and which Your Excellency has
called us together to consider, is the most
momentous ever submitted to a Colonial
Legislature. We shall approach the consideration .of the question with a due
sense of the importance of the issues involved and the solemn responsibility devolving
upon us as Representatives of a
free people. Our deliberations shall be
conducted with a single view to the promotion of their interests; and we fervently
pray that our determination may be
calculated to promote the welfare and
happiness of all Her Majesty's subjects in
the wide-spread dominion of the Queen
on this Continent.
His Honor, the Speaker informed the
House of the death of the Hon. William
Black, late President of the Legislative
Council, and that his funeral would take
place to-morrow (Friday) at 4 o'clock P.M.
On motion of
Hon. Mr. Fisher it was
resolved that the House show their respect for the memory of the Hon. Wm
Black, late President of the Legislative
Council, by attending the funeral in a
body and by wearing a badge of mourning during the Session, and that at the
close of the present day's business the
House adjourn over till Saturday morning at 10 o'clock.
Resolutions were passed relating to the
Rules of the House and appointment of
Committees.
Mr. CHANDLER moved that the following petition be received and lie on the
table.
" To His Excellency the Honorable
ARTHUR HAMILTON GORDON, C. M. G..
Lieutenant Governor of the Province of
New Brunswick, &c. &c. &c.
And to the Honorable the Legislature in
Session assembled—
The humble Petition and Protect of
John W. Cudlip of the City of Saint John,
Esquire.
RESPECTFULLY SHEWETH -
That the Honorable John H. Gray now
nominally elected Speaker of the House
of Assembly of New Brunswick is a member against whose return is a Protest for
Bribery and Corruption, and against
whose return a Petition will be presented
to the House of Assembly.
The Petitioner hereby Protests against
the nomination. election, presentation in
the Upper Branch of the Legislature to
His Excellency or otherwise, of the said
John H. Gray as Speaker or properly and
duly qualified elected Speaker of the
House of Assembly of New Brunswick.
Your Petitoner prays that this Petition may be considered according to
Law.
John W. CUDLIP,
By his Attorney John W. Fraser,
Dated 2lst June 1866.
MR. WETMORE opposed the reception of the petition, as it was an insult to
the intelligence of the House to protest
against an appointmen tjust made by the
unanimous action of the members.
Hon Mr. JOHNSON did not agree with
his hon. friend, and thought it the right of
every man to be heard when his petition
came in regular form and was couched in
respectful language. Although he was
opposed to any action being taken in the
matter, as he presumed the whole House
was, yet he should support the motion to
receive the petition and lay it on the table.
MR. STEVENS thought it was an insult to the House to state that the gentleman, whom they had
only just elected
to fill the Speaker Chair, was but " nominally" elected. Was the appointment
DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 7
merely " nominal," or was it substantial ? He should oppose its reception.
HON. MR. WILMOT would ask the
hon. member for Charlotte, who had read
the petition (Mr. Chandler), if Mr. Cudlip was in Fredericton, that he so soon
knew of the appointment which had been
made.
MR. JOHNSON replied that he was
not, but was represented by his attorney,
Mr. Fraser.
HON. MR. FISHER said although he
was opposed to receiving any petition, yet this was informal, inasmuch as it was addressed
not to the House of Assembly, against whose action the protest was entered, but to
His Excellency the Lieutenant Governor and the Legislature. He did not see how, under
these circumstances, the House could take cognizance of the matter.
MR. STEVENS explained that the petition was not against the return of Mr. Gray as a member of
the House, but against his appointment as Speaker, a matter with which the petitioner
had nothing to do, and for which there is not law at all applicable.
MR. JOHNSON said if the petition
was refused it would not appear on the
journals, and its folly might not be known,
whilst the reference to it which must necessarily be made might lead some to imagine
that there was something in it the
member of the House did not wish to
come to light. Having laid it on the table, they could let it lay there, or throw
it under, as they saw proper, but the
right of petition was sacred and should
not be refused.
The petition was then received and
laid on the table.
On motion of
MR. KERR it was resolved to go into consideration of the
Address in Reply to the Speech on Saturday morning, immediately after the
reading of the Journals.
On motion of
MR. KERR it was ordered that 200 copies each of the Address and Reply be printed for the use
of
the House.
Hon. MR. TILLEY informed the House
that as there was no Committee to report
on the Debates, he was prepared to state
that Messrs. John March and T. P. Dixon were present, and prepared to report
the proceedings of the House for the sum of $150 each for a session of 20
days, and
pro rata afterwards ; and that
Mr. G. W. Day was also prepared to print
the Debates on the same terms as last Session, and he would therefore move that
these tenders be accepted.
The Resolution was adopted.
On motion it was ordered that 7000
copies of the debates be printed for general distribution.
On motion it was ordered that 2000 copies of the Journels be printed for general circulation.
The House then adjourned till Saturday evening at 10 o'clock.
J. M.
This individual participated in:
