JOURNAL OF THE LEGISLATIVE COUNCIL OF PRINCE EDWARD ISLAND} TUESDAY, 5th March, 1850. The General Assembly having been, by Proclamation, prorogued to this day, the Legislative Council met. PRESENT: The Honorable Mr. Attorney General, President; The Hon. Mr. Macdonald, § The Hon. Mr. Rice, His Excellency the Lieutenant Governor having come to the Council Chamber, and being seated, the Gentleman Usher of the Black Rod, received His Excellency's Commands to inform the House of Assembly, that it is His Excellency's pleasure, that they do attend him in the Council Chamber instanter, and the Members present having appeared at the Bar, the President of the Council addressed them as follows : Gentlemen I am commanded by His Excellency the Lieutenant Governor to acquaint you, that His Excellency does not intend to declare the cause of calling this General Assembly, until there be a Speaker of the House of Assembly; and therefore, you, Gentlemen of the House of Assembly, are to repair to the place where the House of Assembly usually meet, and there proceed to the Election of a fit person to be your Speaker, whom you are to present to His Excellency here immediately, for His approval. The Gentlemen of the House of Assembly then withdrew, and in a short time returned, when Alexander Rae, Esquire addressed His Excellency and stated, that agreeably to His Excellency's Command, the House of Assembly had proceeded to the Election of a Speaker, and that their choice had fallen upon him. The President of the Council then replied, Alexander Rae, Esquire I am commanded by His Excellency the Lieutenant Governor, to acquaint you, that he hath so good an opinion of your integrity, diligence and sufficiency for executing the important office to which you have been elected, that His Excellency is perfectly satisfied with the choice which the House of Assembly have made, and doth allow and confirm you to be their Speaker. The Speaker then addressed His Excellency as follows: May it please your Excellency— As you have been pleased to approve of the choice of the House of Assembly, in appointing me to be their Speaker, it now becomes my duty as such, to request of your Excellency, as the privilege of the House, that the Members thereof may be freed from arrest; that they may have freedom of Speech in their Debates, and have free access to your Excellency on all occasions; and I do in their name and behalf claim all their ancient rights and privileges. Then the President of the Council replied in the following words : Mr. Speaker I am commanded by His Excellency the Lieutenant Governor to say, that His Excellency being fully assured of the prudence, loyalty, and good affection of the House of Assembly, most willingly grants them all their privileges, conformably to ancient usage, the Laws of the Land, and Her Majesty's instructions. His Excellency was then 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 : I have assembled you at the earliest possible period after the General Election, and I am confident that you will apply yourselves with zeal, and diligence, to the consideration of such measures as may tend to promote the welfare of the Colony. I regret to announce to you the death of the Queen Dowager of England. The loss of that most excellent Princess has been deeply mourned by all classes of Her Majesty's Subjects, to whom her many eminent virtues rendered her the object of universal esteem and affection. You will, I am sure, unite with me in gratefully acknowledging the goodness of Providence in averting from our shores that fatal disease which has ravaged so many countries, and in blessing with an abundant harvest the labors of the industrious husbandman. The Imperial Parliament has passed an Act enabling Colonial Legislatures to regulate their internal Posts, and I am happy to think that we may now look for the establishment of a moderate and uniform rate of Postage throughout British North America. The important change which has taken place in the Navigation Laws of Great Britain cannot fail to interest you deeply. Among other results from that change, I hope for a considerable increase in the demand for our Island Vessels-a trade in which I believe we can compete, on at least equal terms, with any British Colony. Since the last Session, the removal of restrictions upon our commercial intercourse with the United States, has engaged my attention; and from the unanimity of feeling which prevailed among the Members of the Executive of the different Provinces, who met at Halifax last Autumn, together with the desire of Her Majesty's Government to give effect to any well considered measures which may benefit these Colonies, I trust that our Commerce will receive its full share of the advantages which may be expected. You are aware that Acts to authorize the reciprocal interchange of staple productions with this Island have been passed by the Legislatures of Nova Scotia, New Brunswick and Canada; and I recommend for your consideration the propriety of responding to them with that spirit of liberality and kindly feeling which should characterize our relations with the sister Provinces. I would also suggest for your consideration the expediency of an alteration in the Act for the recovery of Small Debts; its present operation pressing heavily on the Public funds, which in many cases, are burdened with the maintenance of debtors confined in the Jails of the several Counties. Mr. Speaker, and Gentlemen of the House of Assembly: The Accounts for the past, and the Estimates for the current year, will be laid before you. I feel confident of your readiness to provide for the due performance of the Public Service; and you may be assured that the utmost economy will be observed by the Executive, in the expenditure of the Public Moneys intrusted to its disposal, Mr. President, and Honorable Gentlemen of the Legislative Council: Mr. Speaker, and Gentlemen of the House of Assembly: You will perceive with satisfaction an improvement in the Revenue, which, though slight, may be taken as an indication that the productive resources of the Island are beginning to recover from the state of depression under which they suffered. The increase in the registered tonnage of Shipping during the past year is also gratifying. I have received replies to your Addresses to the Queen, which were intrusted to my care, and they shall be immediately laid before you. I shall communicate with you, as usual, by Message, upon all matters of Public interest, which it may be necessary to submit for your consideration during the progress of the Session. I now leave you to the discharge of your important duties, and as the prosperity of the Colony is my anxious desire, you may rely upon my cordial support and cooperation in all measures which have for their object the advancement of the true interests and happiness of the people of Prince Edward Island. The Speech being ended, and the House of Assembly having withdrawn, His Excellency was pleased to retire. Prayers were then read. Mr. President reported His Excellency's Speech, which being read by the ClerkResolved, That an humble Address be presented to His Excellency the Lieutenant Governor to return the thanks of this House for his Speech delivered this day. Ordered, That Mr. Macdonald, Mr. Holl, and Mr. Hensley, be a Committee to prepare a Draft pursuant to the above Resolution. Resolved, That a Committee be appointed to revise the Journals of this House each day, and that it be the instruction to the Committee to require that a printed Copy be laid on the Table daily. Ordered, That Mr. Young, Mr. Swabey and Mr. Hensley do compose the said Committee. Resolved, That a Committee be appointed to examine into and Report upon such Laws as are near expiring. Ordered, That Mr. Holl and Mr. Young do compose the said Committee. Resolved, That a Committee be appointed to examine Bills to be engrossed or that have been engrossed. Ordered, That Mr. Swabey and Mr. Birnie do compose the said Committee. Resolved, That the Thirty-seventh Standing Order of this House be inserted three times in each of the Newspapers published in Charlottetown, for the information of the Public. Resolved, That Mr. Henry Douglas Morpeth be appointed Reporter to this House for the present Session. Ordered, That Patrick Furlong be appointed Doorkeeper to this House. The Honorable Mr. Haviland, Colonial Secretary, informed the House that he was directed by His Excellency the Lieutenant Governor to lay before the House the following written Message, signed by His Excellency: DONALD CAMPBELL, Lieut. Governor. The Lieutenant Governor transmits to the Legislative Council, Copies of the Despatches referred to in his Speech at the opening of the present Session: No. 1.-Copy of Despatch from Earl Grey, dated 26th November 1849, No. 91, in reply to an Address from the Legislative Council and House of Assembly to the Queen, suggesting the relaxation or suspension of the Treaty existing between the Imperial Government and the United States of America, regulating the Fisheries in the Waters surrounding this Island. No. 2.-Copy of Despatch from Earl Grey, dated 27th December 1849, No. 93, on the subject of a Bill for the payment of the Civil Establishment of the Colony for the current year, and in reply to an Address from the late House of Assembly to the Queen proposing certain conditions on which that Body expressed its willingness to make permanent provision for the same object. Government House, 5th March, 1850. (Vide Appendices Nos. 1 & 2.) The said Message and Papers were read and ordered to lie on the Table. |