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. 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. 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.
Fisher,
Charles
Wellington
