THERE was a general
election in the summer of 1827, so that the House of Assembly which met
on the 14th of February, 1828, was a new one. Some members who
afterwards occupied a leading position in the public affairs of the
Province, made their appearance in this House, amongst others, Edward
Ii. Chandler, who came to represent the county of Westmorland; John H.
Partlow, a representative of the county of St. John; and John W. Weldon
who represented the county of Kent. Richard Simonds, one of the
representatives from Northumberland, was elected speaker. The speech of
the Lieutenant Governor was in a hopeful strain, and dwelt particularly
on the new measures that had been passed by the Imperial parliament, for
regulating Colonial trade. He congratulated the Province on the greater
attention that was being given to agriculture, and also on the
improvements on the great roads. There were several contested elections,
which came before the House, but only one that demanded any particular
notice. This was the petition of Patrick Clinch and James Brown,
complaining of an undue election in the county of Charlotte. Messrs.
Clinch and Rrown were imprudent enough to write letters to several
members of the House, in reference to the contested election in
Charlotte, in which
they said, that they thought they could discover a disposition in some
of the honorable members to throw every difficulty in their way in
contesting the case. They said that this was due to the fact that their
own seats and those of their friends, might be ultimately affected by
the decision of the House. They also charged the sheriff with misconduct
at the election. The House regarded this as a high contempt and breach
of their privileges and ordered the arrest of Messrs. Brown and Clinch
by the sergeant at arms. On being brought before the House they admitted
that they had written the letters complained of, and were immediately
committed to the common gaol in the county of York. On the following day
they petitioned for their release and expressed their regret for having
written the letters. Their release followed immediately, and Mr. Clinch,
a few days later was seated as member for Charlotte in the place of
Joseph N. Clarke, whom the sheriff had returned as elected. There was no
doubt of the truth of the statements contained in the letters, but the
whole transaction shows the high view which the members of the House of
Assembly took of their privileges and their determination to maintain
them.
At this session the
Council sent down a resolution to the House of Assembly, declaring it to
be desirable that a Provincial penitentiary should be erected. This was
concurred in by the House am! a committee appointed to obtain
information and look up a suitable site for the proposed prison. This
movement, however, led to nothing substantial, and it was not until the
session of 1811, that legislation was had for the establishment of a
Provincial penitentiary. In the meantime the County of St. John, finding
its criminals too numerous to be accommodated in the common gaol,
erected a house of correction on its own account, and this building in
1841 was taken over and converted into a Provincial penitentiary.
Among the acts passed
during the session, was one for granting a bounty on flour, manufactured
at the steam mills in Portland. The act for regulating elections of
representatives was amended by requiring the candidate to be possessed
of real estate to the value of two hundred pounds in the county for
which he was elected, over and above ail encumbrances and to have had
his title registered six. months before the election. Another act
provided for the trial of controverted elections by means of a committee
of members to be chosen by a complicated ballot system. This was a
slight improvement on the former practice, but these committees of the
House, no matter how chosen, were never quite free from partizan
feelings, and it is to be feared that in some cases these feelings
prevailed over the claims of justice.
As the disputed
boundary question with the United States was to be decided by the King
of the Netherlands, the presence of Sir Howard Douglas was required in
England to assist in preparing the British case. The Governor desired to
dispose of the legislative business of the year before taking his
departure from the Province, so he called the Legislature together on
the 19th of December, 1828. The House sat from that date until the 10th
of February, 1829. The speech of the Governor at the opening of the
session was very lengthy and dealt with a variety of subjects. Great
progress had been made in public works, and the roads of the Province
for the first time were beginning to be fit for travel with wheeled
carriages. He was able to inform the legislature that arrangements had
been made for the British government providing arms for the militia
without any cost to the Province. He recommended the attention of the
legislature to measures for the improvement of navigation, by the
building of a greater number of light houses. A light house had been
erected on Partridge Island at the entrance of St. John harbor very soon
after the founding of the Province, and one or two others had since been
built, but the lighting of the coast was very imperfectly done, a
condition of affairs which was largely due to lack of means. The
Governor closed his address by a highly eulogistic description of the
Province and its resources.
As Richard Simonds, the
speaker of the House of Assembly, had been appointed provincial
treasurer he resigned his seat in the House, and Charles Simonds, one of
the members for St. John county, was elected In his place. At this
session the Council made a highly important discovery, they found that
the practice which they had adopted from the beginning, of sending
messages to the House of Assembly by a member of the Council was
contrary to Parliamentary usage and colonial practice, and they informed
the House that for the future, all bills and messages from the Council,
would be carried by a master in chancery. The House responded to this
message in characteristic-fashion. Previous to that time it had been the
custom tor bills to be taken up to the Council by two members of the
House of Assembly. Now it was resolved that, for the future only one
rnember should be sent up with a bill to the Council. This seems to have
aroused the resentment of the Council and they soon found a grievance
against the House in the fact that the speaker received their messenger
standing but covered. They thought that the speaker should receive the
messenger uncovered. This matter was referred to a committee of the
House, and it was decided that the speaker should take off his hat after
the messenger of the Council had made his third bow. It was fortunate
that the House of Assembly was willing to yield in this matter, for the
Council might otherwise have made it a pretext for putting a stop to all
legislation.
In June, 1827, a new
system of disposing of Crown lands at auction had been introduced by the
surveyor general, acting for the Imperial government, its professed
object being to place settlers on the land as rapidly as possible.
Theoretically it appeared reasonable enough, but its practical effect
was to give away the Crown lands of the Province to speculators for
nothing. Under this system it appeared that in a year and a half, a
hundred and eighty-seven thousand three hundred and thirty-six acres had
been sold, for which there had been received in payment the sum of £905
16s. 4d. From this sum had to be-deducted £503 18s. 8d., for incidental
expenses, leaving the sum of £401 17s. 7d., as the net-amount of the
purchase money. This sum was not-sufficient to pay the expenses of the
survey, so that the land went for absolutely nothing. Both Houses joined
in an address to the King against the continuance of this wasteful and
improvident system of disposing of the Crown lands of the Province. No
answer seems to have been received to this address, but the question was
solved at a later day by the transfer of the Crown lands to the
government of the Province, to which they properly belonged.
The House and the
Council joined in another address to the King in a matter which well
illustrates the bigotry of that age. According to an act of the British
parliament, passed in the reign of George III., foreigners who came into
the Province for the purpose of becoming settlers, before being admitted
to take the oath of allegiance, were required to take the sacrament of
the Lord's Supper. The repeal of this act was now asked for. At the
following session of' the legislature a despatch was received from the
Secretary of state for the colonies, announcing that the request of the
legislature would be complied with, and this was done the same year by
the act 10th George IV. Cap. 7, which was made applicable to this
Province by an act of the legislature in 1830.
In his speech, the
Governor had referred to the subject of education and a committee was
appointed by the House of Assembly to report on this matter; The result
of its inquiries was to show that the grammar schools were by no means
doing the work that was expected of them, and that the Madras schools
were a failure in the rural districts. The only schools that were really
progressing in a satisfactory manner were the parish schools. No subject
attracted more attention in the legislature for many years than that of
education, and no province has ever been more liberal in its grants for
that object, but until the introduction of free schools in 1870, and the
adoption of a general system of assessment, the schools of the Province
were never on a satisfactory footing.
At the close of the
session the House of Assembly presented an address to Sir Howard
Douglas, expressing the high sense they entertained "of his wise,
paternal, energetic and impartial administration" and acknowledging with
grateful feeling the deep and lively interest he had taken in the
affairs of the province. This address was well deserved for Sir Howard
Douglas was probably the best Governor New Brunswick ever had, under the
old order of things. Being a man of ability and not a mere place-hunter,
he was able to enter heartily into the spirit of the life of the
province and to make himself acceptable to all classes. The people of
New Brunswick parted from him with regret, but at that time it was fully
expected he would return when the work he had to do in Europe was
completed. This expectation was disappointed for Sir Howard Douglas in
April, 1831, resigned his position as Governor of New Brunswick. The
immediate cause of his resignation was one highly honorable to his
character. The government of Great Britain proposed a new arrangement of
the timber duties which would abolish the protection afforded to
colonial timber against timber from the Baltic ports. Sir Howard
considered such a measure unjust, and entreated Lord Goderich, the
colonial secretary, not to pass it, declaring that the change would ruin
New Brunswick and be very injurious to the other colonies. As his
representations produced no effect, he felt that it was his duty to
appeal from the government, to the public, by writing a pamphlet on the
subject, and, as the publication of such a pamphlet, which was virtually
an attack on the government, was incompatible with his holding his
position as Lieutenant Governor of this province, he handed in his
resignation. This was a notable example of public spirit and adherence
to principle, for Sir Howard Douglas was by no means wealthy, and the
loss of the income of his position was a very serious matter to him. Sir
Howard Douglas was one of the first men in England who seems to have
fully appreciated the value of the colonies. He believed that they would
become in time an important support to the empire, and his view of their
future has been amply realized. He was then and always was for "fair
trade," a phrase that has become much in vogue in these days. Sir
Howard's pamphlet produced a strong impression on the public mind, and
the bill for changing the timber duties was rejected by the House of
Commons. The. victory for the provinces, whose interests he had so much
at heart, had been won largely by his efforts, but in the meantime he
had ceased to be Governor of New Brunswick and to be in a position to
assist it by his valuable advice and his untiring efforts.
The Hon. William Black,
a member of the Council, succeeded to the Presidency of the Province on
the departure of Sir Howard Douglas, and continued to fill that position
for about two years, until the arrival of Sir Archibald Campbell in the
autumn of 1831. In 1830 the Legislature met on the 12th of January and
it was prorogued on the 8th of March. The only matter of importance
referred to in the President's speech is the opening of King's College,
which began its work under its new charter in 1829. An act had been
passed at the previous session granting £1,100 per annum for the
endowment of the College on condition that His Majesty would grant
£1,000 sterling to the College, which he had promised to do. This
liberal grant from His Majesty did not come out of his own pocket nor
out of the British treasury, but it was a part of the sum obtained from
the Crown lands of the Province, so that the entire grant to the College
was from funds that properly should have belonged to the Province. In a
financial sense the College had been placed on a satisfactory footing,
and if its charter had been more liberal its success would have been
assured.
The most important bill
of the session was that for the relief of His Majesty's Roman Catholic
subjects. The Imperial Parliament in 1829, had passed the act generally
known as "Catholic emancipation," removing those disabilities which had
prevented Roman Catholics from sitting in the House of Commons, or from
holding civil or military offices. This measure had been carried by the
Government of the Duke of Wellington, who had violently opposed all
concessions to the Roman Catholics until it was felt that if these
concessions were not granted, Ireland would rise in rebellion. The same
act would have been passed more than thirty years before by William
Pitt, but for the bigotry of George III., who set up the pretext that to
consent to it would be a violation of his coronation oath. While the
Duke of York was alive, the same influence prevailed with George IV.,
but the Duke of York being dead, the King had to yield, notwithstanding
the remonstrances of Lord Eldon, who solemnly declared that if this act
were passed the sun of Britain's glory would set forever. The Provincial
act for the relief of Roman Catholics merely made the Imperial act
applicable to New Brunswick. It was brought to the attention of the
Legislature by a despatch from Sir George Murray, who commended it to
their favorable consideration. It passed without any opposition in the
House of Assembly, but in the Council, the chief justice opposed it and
placed on the journals of that body a long protest against its passage.
Chief Justice Saunders was a Tory of the old school, on whose dull mind
the progress of the world made no impression. From the day that he
became a member of the Council untii the end of his long life he opposed
all reforms until he came to be looked upon with contempt, even by those
who had formerly been with him on the side of obstruction.
It has already been
stated that under the original system, which was introduced at the
foundation of the province, the only clergymen authorized to solemnize
marriages were those of the Church of England; ministers or the Kirk of
Scotland, Quakers, and clergymen of the Roman Catholic Church,.
Methodists, Baptists, Congregationalists and all Presbyterians, except
those connected with the Church of Scotland were excluded from the
operation of this marriage law. The agitation for a change in this
system commenced at an early period, and in 1821 a bill passed the House
of Assembly authorizing all ministers of the Gospel to solemnize
marriage. The vote on this bill was a close one, thirteen being in favor
of it and eleven against it. Among those who opposed this just measure,
were Hugh Johnston, Harry Peters and Ward Chipman, Jr., of St. John, and
John Allen of the County of York, while John M. Wilmot, Charles Simonds
and Andrew S. Ritchie, of St. John, and Peter Fraser, John Dow and Stair
Agnew, of the County of York, were on the side of reform. The two
members for Kings county of that day, John C. Vail and David B. Wetmore,
were against the bill,-while of the Queens County members, one, William
Peters, was for it, and the other, Samuel Scovil, was against it. This
bill was defeated iu the Council, a fate that befel many subsequent
bills of the same kind in that body. For several years the House of
Assembly continued to pass the dissenters marriage bill, and the Council
as steadily to reject it. The opposition to this measure in the House
gradually died away,. until in 1830, there was no division taken on its
passage, l)ut that made no difference in regard to the attitude of the
Council towards it, and the bill was rejected, as it had been so many
times before. Iu 1831 a dissenters' marriage bill was again passed by
the new House of Assembly, which met that year, and when a committee was
appointed to search the journals of the Council to learn what had become
oi their bill they found that the Council had summarily rejected it
without a division. The House of Assembly concluded that nothing would
serve to bring about the reform asked for, but to petition the King, and
accordingly in 1831, a petition was prepared :n which the grievance with
regard to dissenting Protestant clergymen, was duly set forth. It was
stated that for several years in succession the House of Assembly had
passed a bill to extend the privilege of celebrating marriages to
dissenting clergymen, but that for reasons unknown to the House, such
bills had not been concurred in by the other branch of the Legislature.
The petitioners, who described themselves as "Your Majesty's Faithful
Commons," asked that the King '"would be pleased graciously to give
instructions to the administrator of the Government, to recommend the
Legislature to pass such bill as he may deem proper, to obtain your
Majesty's royal sanction for the purpose of extending the privilege of
celebrating and solemnizing marriages, to the regularly ordained and
settled clergy of dissenting congregations in Your Majesty's Province of
New Brunswick." At the next meeting of the legislature, in 1832. the
various dissenting religious bodies showed great activity in presenting
petitions. in favor of the passing of the dissenters' marriage bill.
These petitions came from every part of the Province, and very largely
from the ministers and adherents of the Wesleyan Methodist Society. The
bill was passed by the House on the 10th of February apparently without
any opposition, and went to the Council, where it passed with a
suspending clause, being reserved for His Majesty's approval. It was
supposed that this bill would settle the dissenters' marriage question,
and the Lieutenant-Governor, Sir Archibald Campbell, seems to have
shared in this belief, for in proroguing the Legislature he Ğaid:
"I am particularly
gratified to find that the new marriage act, which has just passed into
a law, is calculated to give a high degree of satisfaction to a large
portion of His Majesty's loyal subjects in this colony."
Nothing more was heard
of the act, however, until the session of 1834, when a despatch was
received from His Majesty's Secretary of State for the Colonies, dated
the 1st of January of that year, in which it was announced that His
Majesty had been advised to withhold his assent from the bill, on the
ground that the act was confined in its operation to four denominations
of Christians, the "Wesleyan Methodists, the Baptists, Presbyterian
Seceders from the Kirk of Scotland, and Independents, and also because,
before obtaining a license from the Governor, the minister who desired
to solemnize such marriages must produce a certificate or letters of
ordination, which must be derived from some British convention, synod,
conference or association. In other words, the act was disallowed
because it was not liberal enough, and thus two years of time were lost,
no doubt in consequence of the act having originally been drawn in a
restricted form to enable it to pass the Council. Thus the malign
influence of that .antiquated and illiberal body was the means of
postponing the operation of the dissenters' marriage act until the year
1834, when on the 22nd of March, a bill which was in the terms suggested
by the Colonial Secretary, was passed, and the dissenters' marriage
question settled forever on an equitable basis.
At this session of the
Legislature, the province finally got rid of one of the features of the
English criminal law which interfered with the course of justice. The
criminal laws of the province were those of England with all their
cruelties and absurdities, and criminal law reform in New Brunswick was
dependent on the action of the Imperial Parliament. Among the
absurdities of the law was that with reference to benefit of clergy.
This was founded on an ancient claim by the clergy, of exemption from
the penalties imposed by law for certain crimes. It had its origin in
the claim made by the ecclesiastics after the Norman Conquest, for the
entire exemption of their order from the jurisdiction of the common law
courts. Benefit of clergy was at first limited to the regular clergy,
but was at length extended to all who could read. Laymen, however, were
not allowed to take the benefit of clergy more than once, and upon being
admitted to the privilege escaped the death penalty, being branded '.n
the hand and released. In the reign uf Queen Anne, benefit of clergy was
granted to all persons without requiring them to be able to read. The
records of the supreme court of New Brunswick show that benefit of
clergy was frequently claimed in capital offences, and that the claim
was always allowed if the person who applied for it had not enjoyed it
before. It was abolished by the Imperial statute Seventh and Eighth
George IV., and the legislature of New Brunswick by an act passed in
1829, which was amended and perfected by another act passed in 1830,
also abolished benefit of clergy and prescribed other punishments in its
place.
At this session of the
legislature the revenue bill was rejected by the Council, and when the
legislature was prorogued on the 8th of March, it was left without any
means of raising a revenue. The journals of the Council do not afford
any evidence of the cause which led to the rejection of this necessary
measure, but a paragraph in the Royal Gazette leads to the inference
that it was due to the objections of the Council to a clause in the bill
authorizing the provincial revenue officers to enter private houses Li
search of smuggled goods. Whatever may have been the cause, the
difficulty was quickly remedied by the President calling the legislature
together three days after the prorogation. The legislature sat on this
occasion only four days and passed a revenue bill which was practically
the same as that which the Council had rejected. Tlxe extraordinary
disregard of the public interests which was shown by the Council in this
matter, proves that they were a very unfit body to legislate for the
people of New Brunswick. So far as can he gathered they made no attempt
whatever to have the hill amended by the House, and made a statement of
their objections to it so that the House might have had the opportunity
of considering them. They simply threw it out summarily, without any
regard for the effect that its rejection would have on the interests of
the people of the Province.
The death of King
George IV. took place on the 26th of -Tune, 1830, and the event was
known in New Brunswick at the beginning of August. This, under the old
law, required the dissolution of the House of Assembly, although the
existing House had only sat three sessions. The election which took
place immediately did not make many important changes in the
representation of the several counties. Among the new men were Jaines
Brown and George S. Hill for the County of Charlotte, both of whom made
a considerable figure in the political history of the Province. William
End, a clever Irishman, who also became quite celebrated in public life.
was returned to represent the county of Gloucester. Another man who also
became prominent was William B. Kinnear, who appeared for the first time
as a representative for the city of St. John. William B. Kinnear, was a
man of good ability and became Solicitor General in 1846. He was the
first lawyer not a member of the Church of England, who attained to the
position of one of the legal advisers of the Crown. None of the
prominent men of the former House were defeated, and in Charles Simcnds,
John H. Partelow, Edward B. Chandler, and George S. Hill, the House of
Assembly possessed four reformers who were full of zeal for the public
interests and who did splendid service in the work oi improving the
constitution of the province so as to bring it in harmony with the needs
of the people. If some of these men, viewed at this distance of time,
appear to be rather conservative in their opinions, it must be
remembered that when they were in public life the most effective canvass
that could be used against a man was to say that he was an innovator.
All changes, no matter how necessary, were looked upon as almost
treasonable, by those who were intrenched in high office and enjoyed
enormous salaries, drawn from the people of the Province.
Among the matters which
were beginning to engage the attention of the people at this time was
the question of temperance. In the early history of the Province the
amount of liquor that was consumed by the people was enormous and a
certain quantity of Jamaica rum every day seemed to be a necessary part
of every man's diet. No work apparently could be carried on in the
Province without the use of nun. Large quantities of rum were taken into
the woods for the use of the men who cut and hewed the timber, which was
the staple export of the Provinces. Every house oi barn raising, every
event of any kind which brought people together, was a pretext for
indulging in the consumption of large quantities of spirits. The effect
of this on the health of the' people, as well as their morals, was very
detrimental.
Crime was much more
common in those days than it is at present. Business was seriously
interfered with by the universal thirst for intoxicating liquors, and
thoughtful people began to see that a reform in this respect was greatly
needed. Father Matthew had not then begun his great work as a temperance
lecturer, but there were others in the field who were equally zealous if
not equally eloquent. The first temperance society was formed in St.
John in September, 1830, and very soon afterwards a Provincial
temperance society was formed in Fredericton. These were the beginnings
of a great movement which culminated in the prohibitory liquor law In
1855. This law was a failure, but the temperance sentiment which brought
it into being effected a successful reform in the manners of the people,
so that, today, New Brunswick is as free from the evils that are due to
an excessive use of intoxicating liquors, as any country in the world.
The legislature met on
the 7th of February, 1831, and as Sir Howard Douglas was still absent
from the Province, the opening speech was delivered by President Black.
He called the attention of the Legislature to the necessity for
improving the roads and for the erection of a public penitentiary. The
legislation of the session was not very important, the principal bill
passed being one relating to the criminal code of' England, which had
been passed a year or two before. Bj this act a vast number of ancient
statutes, from the time of Edward I. downward were repealed. Better
provision was made for the trial of felonies and the-due punishment of
persons convicted of them. Another act was passed for the purpose of
consolidating and amending the laws relating to larceny and other
offences connected therewith. There were also acts for amending the,
laws relating to malicious injuries to property and of offences against
the person. Another act of this session effected a much needed reform by
dividing the county of York into two counties, the new county thus
created being named Carleton. This act was reserved for His Majesty's
royal approbation which was received on the 30th of May, 1832.
At this session of the
legislature the question of the casual and territorial revenue of the
Province again came before the House. On motion of Mr. Partelow, an
address was presented to the President, asking him to lay before the
House a detailed account showing the amount paid into the casual
revenues from 1st of January, 1824, to the 1st of January, 1831 ; and
also a statement of the expenditure from the casual revenue for the same
period. President Black, by the advice of the Council, declined to
comply with this request, but said that he would transmit it for the
consideration of His Majesty's ministers. When this answer was received
by the House, it immediately took action. On motion of Mr. Partelow, a
resolution was passed for an address to His Majesty, and Messrs.
Partelow, Simonds and Chandler were appointed a committee to prepare it.
It was laid before the House and agreed to by a vote of 14 to 8, the
only persons who opposed it being the friends and relations of the
members of the family compact. This address stated that large hums were
taken from the people of the Province for licenses to cut timber on
Crown lands, that the Commissioner of Crown lands, who was under no
control in the Province, was invested with greater power with regard to
the imposition of tonnage money and the exaction of fees than was
compatible with a free Government. It expressed the opinion that if the
Crown lauds were under the control of the Province, while the
oppressions complained of would be removed the revenues would be more
productive. It stated that the Assembly could not but view with just
alarm that the day might possibly come when by a single mandate from the
Crown land office, exactions of such magnitude might be made, as
literally to stop the export trade of the country. The address also
stated that the object contemplated was to relieve His Majesty's
government permanently of the burthen of the whole civil list of the
Province, for which purpose the revenues from the Crown lands should be
placed under the control of the legislature.
The answer to this
address did not come until the following year, when Sir Archibald
Campbell was lieutenant Governor. A few days after the opening of the
Legislature in 1832, the Lieutenant Governor laid before the House a
despatch which he had received from Lord Goderich. In regard to
supplying information as to the amount of the expenditure of the casual
revenue, Lord Goderich stated that he had not received any command from
His Majesty on the subject, and that as the resolutions of the Assembly
were grounded altogether on erroneous information, it was not in his
power to authorize the Lieutenant Governor to comply with the request of
the House. The despatches which passed between Sir Archibald Campbell
and Lord Goderich at this time show that the latter was the real
obstacle to the granting of the request of the House of Assembly to
place the casual and territorial revenues under the control of the
Legislature. Lord Goderich was a Tory who had got by accident into a
liberal government, and who is best known to readers of English history
as "Goody Goderich", a nickname which he received in consequence of his
failure to keep his administration together after the death of Mr.
Canning.
The curt reply of Lord
Goderich did not prevent the House of Assembly from again dealing with
this important, matter. A few days after it had been received a
resolution was passed asking the Governor to lay before the House an
account of the money received from the casual and territorial revenue
during the year 1830, and also a statement of the amount of the incomes
of all officers in the civil departments of the province. This was
carried by a vote of 18 to 8, there being at that period in the House an
element unfriendly to the true interests of the province, which was
content to let the crown land revenues remain ia the hands of the
Imperial authorities. In reply to this address Sir Archibald Campbell
said that with Lord Goderich's despatch before them, he was unable to
comply with the request of the house. The House of Assembly was not to
be so turned aside from its determination to redress the grievances of
the province. It returned to the subject and resolved that it was
reasonable and proper that His Majesty should be relieved from the
payment of the civil list of the province, and therefore that it was
necessary that information should be obtained as to the amount of the
crown revenues and the annual charges thereon. Again His Excellency was
asked to furnish the House with a statement of the receipts and
expenditure of the casual and territorial revenue for the year 1831.
Strange to say Sir Archibald Campbell complied with this second request
and said that the documents should be immediately laid before the House.
When this was done it appeared that the crown land receipts of the
province for the year 1831 amounted to £14,913 18s. old., out of which
was taken £1,750 for the salary of the Surveyor-General, £909 for his
clerk, £2,750 Is. for the expenses of preparing and issuing patents for
lands sold and for timber licenses, £1,932 10s. 2d. for survey money,
and £150 for the annuity of Mr. Look wood'. The rest of the revenue went
to defray the salary of the Commander-in-Chief, the Chief Justice, three
assistant judges, the Attorney General, the Secretary and Clerk of the
Council, Immigration Agent, the Archdeacon, the Presbyterian minister of
St. John, the donation to King's College, and the donation to the
Indians.
A few days later, on
motion of Mr. Simonds, it was resolved that, in the opinion of the
House, a proposition should immediately be made to His Majesty's
Government, that upon the condition that all the Crown revenues, levied
and collected in this Province, which might arise from the sale of Crown
lands therein he placed under the control and management oi the
Provincial Legislature, this House will then make proper provision for
the whole civil list in the Province; and that a committee be appointed
to prepare a petition to His Majesty upon the subject of the Crown
revenues and civil list of the Province.
The address, which was
the result of this resolution, stated the grounds on which the Province
claimed the right to control its Crown land revenues and proposed to
relieve His Majesty from the payment of the civil list and all other
necessary expenses for the Government of the Province, on condition that
the Crown land revenues should be placed under the control of the
Provincial Legislature. Numerous reasons were given why this request
should be complied with. A committee was appointed to wait upon the
Lieutenant Governor and ask him to transmit this address to His Majesty.
Sir Archibald Campbell replied that he would do so, but he would
consider it his imperative duty to accompany it with such explanations
as he might deem necessary and particularly to rebut the charges made
against the public departments. Thus the Lieutenant Governor assumed at
attitude of direct hostility to the House of Assembly in regard to this
highly important matter.
The Crown land
difficulty was not lost sight of during the session of 1833. Early in
that session, on motion of Mr. Partelow, a resolution was carried that
an humble address be presented to His Excellency, praying that he would
cause to be laid before the House, at as early a date as possible, a
detailed account, showing the amount of the crown revenues from the 1st
of January, 1829, to the 1st of January, 1833, particularizing the
amount received each year; also a statement of the salaries of all the
public officers paid from the crown revenues. To this the
Lieutenant-Governor replied, expressing his regret that he did not
consider himself to have authority to furnish accounts embracing a
period so long elapsed, but that he would furnish the House of Assembly
with returns oi the receipts and expenditures for the year 1832, as he
had done for the year 1831. A day or two later, a despatch from Lord
Goderich was laid before the House of Assembly by the
Lieutenant-Governor, in which he acknowledged the receipt of their
despatch, proposing to assume the expenses of the civil list of the
Province on the relinquishment by the Crown of the territorial revenues.
The reply to this was, that his Majesty did not consider it necessary at
present to call upon the House for a grant of the nature proposed, as he
did not anticipate such a falling off in the revenue at his disposal as
the House appeared to have apprehended. This was a sarcastic way of
informing the House of Assembly that no change was to be made in the
management of the casual and territorial revenues of the Province.
Sir Archibald Campbell,
at a later day during this session, laid before the House an account of
the casual and territorial revenue for 1832. From this account it
appeared that there was a balance on band in favor of the revenue, on
the 1st of January, 1832, amounting to £4,017 12s. 8d. and that the
receipts for the year brought up the total to £20,421 Gs. 8d. against
which warrants had been drawn for £11,704 13s. 8d. leaving a balance of
£8,657 5s. 10d. at the end of the year. This account was referred to a
committee, who called attention to "the tremendous expenses attendant
upon the Crown land department, the enormous salary of the Commissioner
and the large amount swallowed up in the collection and protection of
the revenue." They expressed the opinion that under proper management an
immense saving could be effected. A series of resolutions were passed by
the House, in which the opinion was expressed that the powers exercised
by the commissioner of Crown lands and forests were far greater than
ought to be possessed by any subject, and these powers hail been too
frequently used in a manner that was exceedingly detrimental to the
general interests of the Province, as well as to the invasion of private
rights. It was stated that the abuse of these powers had disturbed the
tranquility which every subject ought to enjoy, that the granting of
extensive mill reserves to certain individuals had been highly injurious
to the commercial prosperity of the province by preventing fair and
honorable competition and the introduction of capital; that the want of
control by the legislature over the commissioner of Crown lands, and the
refusal of the Governor to furnish the Assembly with all the information
asked for, gave just reason to believe that great abuses existed in the
Crown land department; that the majority of the existing executive
council had not the confidence of the country as the first named on the
list held the situation of commissioner of Crown lands and forests, and
would succeed to the administration of the government of the Province in
the event of the death or absence of the Lieutenant Governor, while the
persons second and third on the list of executive councillors held
public positions which were inconsistent with the administration of the
government.
End of Volume I |