5. I am not the less fully sensible of the obligation on Her Majesty to holl this sum merely in tru st for the public wants of New Brunswick, and I should embrace with satisfaction any good opportunity for its employment to that end; but the obstacle which at present seems to me to impede the surrender of this fund, is to be found in the financial system of the Province. So long as money votes are allowed to be passed by the Assembly, without having been recommended by the Lieutenant Governor, on the responsibility of his Executive Council, it is not only impossible for the Executive Government to exercise any effective controul over the expenditure of public money, but even to foresee what expenditures may be required and have to be provided for. Therefore, to make over this sum to the Provincial Treasurer, would be to deprive the Local Government of a fund to which it may look, and has a right to look, to meet those possible exigencies which may at any time occur, and which might render it difficult to carry on the public service on its regular footing. * * 6. If, however, the right of originating money votes is conceded to the Local Government, I wish to state as explicitly as possible, that this surplus will be immediately regarded by me as applicable for any permanent public work of adequate utility of which the Local Government may approve. 7. With regard to the accruing annual surplus of the same fund to which the 11th Resolution likewise refers, it is obvious that the same considerations apply to the surrender of this as of the accumulations. Were the financial system of the Colony placed on the right footing, I should be ready to sanction measures for the immediate application of what remains of this fund, after the appropriations already made of it, and noticed in your Despatch, to some regular annual items of Public Service, and I would at once consent to place the Salary of the present Master of the Rolls and of his successors on this Fund, so as to relieve the ordinary Revenue to the amount of £800 currency and place it on the Civil List. 8. There is, however, one item, and one only, which I think it would be desirable at once to place on the Civil List without even waiting for any measure giving the Initiation of Money Votes to the Local Government:-This is the proposed allowance to the Judges by way of commutation for Fees, adverted to in your Despatch, and which I agree with you in considering a measure so advantageous for the Province, that I am ready to sanction it at once. This will enable the Legislature either to abolish those Fees, or to appropriate them to other purposes. It must however be understood, that this change cannot be made without the consent of the existing Judges, as it would be highly inconvenient that an Act carrying into effect an arrangement of the kind I have now described, should be disallowed by Her Majesty after it had come into operation. While it is necessary that Her Majesty's servants should have an opportunity of exercising their judgment on a measure of so much importance, before advising its confirmation, I have to instruct you not to assent to any such Act, unless it shall contain a suspending clause. 9. I must proceed in the next place to the consideration of the 12th and following Resolutions, which declares that it is expedient that certain deductions should be made in the Salaries of some existing officers now paid out of the Civil List. 10. In regard to such proposals, the duty of Her Majesty's Government is, in my opinion, imperative. I will not say that compacts of this kind are absolutely unalterable, or that the evidence of some general change in circumstances, such as a marked decline in the pecuniary means of the community, may not justify what otherwise would be an invasion of recognized and established rights; but any Resolution grounded on such reasons must be universal, and affect all parties alike. For Her Majesty's Government to consent to the selection of particular officers, in order to affect reductions in their incomes, and this in violation of what must be considered as an engagement on the part of the Public and of Her Majesty towards them, at the time when the Civil List was surrendered, and when, moreover, it is not even alleged that the Fund out of which these payments are to be effected has become insufficient for the purpose, could not be characterized otherwise than as a breach of pub lic faith. 11. These reasons, strong as they are, with reference to all officers, are peculiarly so in the case of the Judges. The independence of those officers of all sinister influence, is one of the chief safeguards of every free Constitution. Their independence of the Crown has been long ago secured by the established policy of this Country, both at home and in all Her Colonies. But their independence of popular influence is not less essential, and can only be secured in the first place by upholding the right of existing holders of these high offices to their stipulated incomes, and in the second by maintaining the principle that their Salaries shall be fixed by permanent appropriation, not provided for by annual votes. 12. Subject to the interests of existing office holders, there is in my opinion no objection to the Legislature fixing whatever scale they may think fit for the remuneration of Public Servants to be hereafter appointed, and this, though such officers be paid out of what is called the Civil List, provided only, as already said, that the Salaries granted to them, whatever they may be, are fixed by way of permanent appropriation. I believe it indeed to be the best policy not to reduce those Salaries so low that the Public Service in the Province may cease to furnish a temptation to men of the highest abilities that are to be found in it; but this is a question of which the Legislature are the proper judges, and on them must rest the responsibility of any loss which the community may suffer from unwise reductions. 13. I should indeed require you not to give Her Majesty's assent to any Bill affecting the Salaries even of future Judicial Officers, when borne on the Civil List, without a suspending clause, because I think it essential that a compact made between the Provincial Legislature and Her Majesty, should not on not be altered in these important respects, without full opportunity given to Her Government to consider the intended alterations. That any such alterations proposed by the Legislature would be fully and favourably considered, I have already shown, by advising Her Majesty's assent to the Act of 1849, prospectively reducing the Salaries of the Judges. 14. I agree with you in regarding the position of the Master of the Rolls as substantially the same with that of the Judges of the Supreme Court, inasmuch as although his Salary is not now charged the Civil List (as I propose that it should be) it is equally important that his independence, even 1 of the suspicion of interested influence, should be maintained. Although the offices of the Surveyor General and Receiver General do not stand precisely on the same footing as those of the Judges, I cannot see that any sufficient reason is shewn for reducing the Salaries of the existing holders. In the event of any vacancy, I have no objection, if it be the wish of the Legislature, to the reduction of former to £600 currency, and the abolition of the latter, on proper arrangements being made respecting the custody of the moneys belonging to the Civil List by the Province Treasurer. 15. I may add in conclusion, that I consider the maintenance of these interests called for, not only on the general grounds already adverted to, but also for the immediate pecuniary interests of the Province. No measures can at present be suggested so likely to promote those interests as the execution of some great Public Works, such for instance as proposed Lines of Railways. The difficulty which impedes these improvements is in almost all cases the same, namely, that the funds required for the purpose cannot be provided, and that little success has attended the attempts hitherto made to raise them either by loan or shares. But it is not to be expected that this difficulty will cease to exist, or the possessors of capital will embark in undertakings where they have to fear, not only that uncertainty as to the returns these undertakings may yield, which arises from ordinary commercial causes, but also the further uncertainty of the fulfilment by the Legislature of such engagements as it may contract towards those whose money may be embarked in them. 16. It has been always my duty, and one most readily performed, to dispel such fears as far as lay in my power, by appealing to the evidence afforded by the past conduct of the Legislatures of the British North American Provinces, of their strict regard for the obligations they have entered into, and of their determination to fulfil with scrupulous good faith all the engagements they contract. But this high ground could no longer be taken in behalf of the Legislature of New Brunswick, if that body were to evince a disposition to invade individual interests notwithstanding their being under the protection of compacts solemnly entered into with the Crown only a few years ago. A single instance of such disregard for its engagements on the part of the Provincial Legislature, would deprive it of all hope of obtaining the confidence of capitalists so as to induce them to lend their aid in any undertakings which may be contemplated for the improvement of the Colony. 17. I have yet to notice the Resolution which relates to the proposed reduction of the Salary of the Lieutenant Governor. I have only to observe upon it, that I cannot concur with the framers of the Resolution (if such is their meaning) in regarding the sum now appropriated for this purpose as too heavy a burden for the finances of a Colony, which, whatever may be the partial and temporary appearances to the contrary, is evidently advancing on the whole with no tardy progress both in wealth and population, and thus imposing additional duties on those who have to administer its affairs, while the Civil List appears to furnish an adequate fund to support the existing charge. 18. I have therefore to sum up this Despatch by generally assuring you that the main principles of the arrangement of 1836, are regarded by Her Majesty's Government as permanent and binding, as they hope they will ultimately be regarded by the Legislature; but that if these be preserved, and ancial system of the Colony placed on a sound footing, they are anxious to meet in any practicable manner the wishes of the people of New Brunswick, as expressed by their Representatives. the The Honorable Mr. Partelow, a Member of Her Majesty's Executive Council, also by command of His Excellency the Lieutenant Governor, laid before the House Abstract and Comparative Statements of the Revenue made up to the thirty first December, 1850: ABSTRACT OF THE REVENUE OF THE PROVINCE OF NEW BRUNSWICK FOR THE YEAR 1850. The Honorable Mr. Partelow, also by command of His Excellency, laid before the House Reports from the Auditor General on the following Accounts for the year 1850, viz:— Lunatic Asylum. Provincial Penitentiary : Queen's Printer: [ See Appendix. ] Mr. Treasury, Saint John, 1st January, 1851. B. ROBINSON, Prov. Treasurer. Mr. Scoullar, by leave, presented a Petition from Sarah Creekmore, of the Parish of Blissville, in the County of Sunbury, Widow of an old Soldier of the Revolutionary War, praying for a continuation of her Pension; which he read. Ordered, That the said Petition be received and referred to the Committee for taking into consideration claims for Pensions, to report thereon. Mr. Hatheway, by leave, presented a Petition from Alexander M'Donald, of the Parish of Saint Mary's, in the County of York, praying that the Pension due his late Father, Donald M‘Donald, at the time of his death, may be granted to him; which he read. Ordered, That the said Petition be received and referred to the same Committee to report thereon. Mr. McLeod, by leave, presented the following Petitions, viz:— From John Brittain, Stephen J. Pickett, and thirty seven others, inhabitants of the Parish of Kingston, in King's County: The Reverend Thomas M'Ghee, J. L. Harrison, and forty five others, of King's County: Benjamin Lister, Abraham Johnson, John Coy, and forty others, of the Parishes of Springfield and Studholm, in the said County: Henry A. Scovil, Christopher Wilson, Alexander Burnett, and one hundred and thirty six others, of the Parish of Springfield, in the said County: James A. Reeve, George H. Wallace, and forty seven others, of the Parish of Sussex, in the said County: Edwin Goslin, William Coates, John B. Blair, and ninety others, of the Parish of Studholm, in the said County and George Jones, Benjamin Bulyea, Thomas Flewelling, and thirty four others, of the Parish of Greenwich, in the said County; Severally praying that an Act may pass to incorporate the Local Grand Orange Lodge and Subordinate Lodges of New Brunswick; which he read. Ordered, That the said Petitions be received and lie on the Table. Mr. Earle, by leave, presented the following Petitions, viz: From Robert Golding, and thirty four others, inhabitants of King's and Queen's Counties: Archibald M'Alister, and one hundred and twenty six others, of the Parish of Gagein Queen's County: town, The Reverend J. G. C. Austin, and forty six others, of the Parish of Hampstead, in the said County: John Corbit, and fifty four others, of the Parish of Petersville, in the said County: and William Allingham, and sixty others, of the said Parish of Petersville, in the same County; Severally praying that an Act may pass to incorporate the Local Grand Orange Lodge and Subordinate Lodges of New Brunswick; which he read. Ordered, That the said Petitions be received and lie on the Table. Mr. Rice, by leave, presented a Petition from Simon Hebert, of the Parish of aggrieved by reason of the Commissioners appointed by Her Majesty's Government to carry out the Fourth Article of the Ashburton Treaty, not recommending that a Grant issue to him of certain Land at Madawaska, of which he was in possession long previous to the ratification of the said Treaty, and thus entitled to such Grant; and praying relief in the premises; which he read. Ordered, That the said Petition be received and lie on the Table. Mr. Taylor, by leave, presented a Petition from Julia Louisa Beckwith, of Frede ricton aid in consideration of those services, to relieve her in her present distressed circumstances: which he read. in the County of York, an aged and valuable instructress of Youth, praying Ordered, Ordered, That the said Petition be received and referred to the Committee on School Petitions to report thereon. Mr. Taylor, also by leave, presented a Petition from John M'Intosh, of Fredericton' in the County of York, praying that a sum of money paid by him on the purchase of a Span of Horses alleged to have been illegally seized, may be refunded, for the reasons set forth in the said Petition; which he read. Ordered, That the said Petition be received and referred to the Committee of Trade to report thereon. Mr. Beardsley, by leave, presented a Petition from Martha Yerxa, a licenced Teacher, praying compensation for having taught a School in the Parish of Woodstock, in the County of Carleton, for a period of nine months ending on the twelfth day of December, 1850; which he read. Ordered, That the said Petition be received and referred to the Committee on School Petitions to report thereon. Mr. Beardsley, also by leave, presented a Petition from the Woodstock Mechanics' Institute, praying that a Grant may pass to aid them in the payment of a debt due on the erection of their Building; which he read. Ordered, That the said Petition be received and lie on the Table. Mr. Beardsley, also by leave, presented a Petition from Charles Raymond, as Foreman, and on behalf of the Grand Inquest for the County of Carleton, (accompanied by a recommendation from a number of the Magistrates, and High Sheriff of the said County,) praying that an Act may pass, giving to the inhabitants of the said County the sole controul of their local affairs, by means of Municipal organization; which he read. Ordered, That the said Petition be received and lie on the Table. Mr. Beardsley, also by leave, presented a Petition from William S. Nevers, Samuel Estabrooks, Joseph Rideout, and forty four others, inhabitants of the County of Carleton, of a like prayer, as to giving to the several Parishes in the said County controul of their affairs by Municipal Corporations; which he read. Ordered, That the said Petition be received and lie on the Table. Mr. Ritchie, by leave, presented a Petition from Elizabeth M'Cann, a licenced Teacher, praying remuneration for having taught a School in the Parish of Portland and County of Saint John for the year 1850; which he read. Ordered, That the said Petition be received and referred to the Committee on School Petitions to report thereon. Mr. Thomson, by leave, presented a Petition from Hannah M'George, of the Parish of Saint George, in the County of Charlotte, praying that the amount of Pension due her late Mother, Isabella Dow, at the time of her death, as the Widow of an old Soldier of the Revolutionary War, may be granted to her; which he read. Ordered, That the said Petition be received and referred to the Committee appointed to take into consideration claims for Pensions, to report thereon. Mr. Wilmot, by leave, presented a Petition from Magdalen Schurman, of the City of Saint John, Widow of an old Soldier of the Revolutionary War, praying that the usual Pension may be continued to her; which he read. Ordered, That the said Petition be received and referred to the same Committee to report thereon. Mr. Chapman, by leave, presented a Petition from Eustache Melancon, a licenced Teacher, praying remuneration for having taught a School in the Parish of Shediac, in the County of Westmorland, for a period of five months ending on the sixth day of August, 1848; which he read. Ordered, That the said Petition be received and referred to the Committee on School Petitions to report thereon. Mr. |