Of the Municipal Council of the County of Carleton, praying for the incorporation of "The Canada Central Railway Company." The Honorable Mr. Vankoughnet presented to the House a Return to an Address from the Legislative Council to His Excellency the Governor General, "dated the eighth instant, "praying His Excellency to cause to be laid before that House, Copies of any communica"tions which have taken place between the Canadian and Imperial Governments, respecting "the rejection of the Act of the Canadian Parliament of last Session respecting the Coasting Trade." (Copy-No. 28.) Downing Street, 27 August, 1859. SIR: Her Majesty's Government have had for some time under their consideration the Act passed by the Canadian Parliament on May 4th last, "to impose a duty on vessels "admitted to Registry, and the Coasting trade, in this Province, and belonging to Countries "not admitting the vessels of this Province to Registry, and privileges of General and Coast"ing trade, in such Countries," transmitted with your Despatch No. 65, of May 13th last. It would be impossible for them to advise Her Majesty to assent to this Act, for a reason which is imperative upon them, although very naturally overlooked by the Canadian Legislature. Its provisions are inconsistent with the clauses in several treaties, commonly called "most favoured Nation" clauses, which bind the good faith of the Empire. For instance, by Article X of the Treaty with Russia, which I annex, Russian subjects are entitled to "every privilege which is granted or may hereafter be granted to the subjects of any other "power." But the Canadian Act purports to subject foreign vessels of Countries "not "admitting British vessels to like privileges" to a peculiar customs duty. It is obvious that this retaliatory measure of the Canadian Parliament is inconsistent with the rights insured to Russian subjects by the Treaty, and might give rise to just reclamations on the part of Russia, or any other power to which we are bound by a similar treaty. But independently of this international objection, I am bound to add that Her Majesty's Government could not with consistency advise Her assent to Colonial enactments embodying the principle of retaliation in Commercial matters. That principle has been disavowed, and the contrary principle of freedom adopted in British Legislation, by the very gradual and deliberate action of the people and of their representatives. If any slight deviations from the principles of freedom still subsist in the British Commercial code, they cannot in justice be regarded as any thing more than the remnants of a past system, which cannot be entirely got rid of by summary reforms. But to initiate again measures of this description would be to retrace steps deliberately taken. And the highest respect for Colonial selfgovernment in domestic matters is not inconsistent with adherence to the rule, that commercial freedom cannot be maintained by the Imperial Legislature, while systems of exclusion, protection, or retaliation, are maintained, or rather recommenced, by that of a separate portion of the Empire. I trust that the Canadian Government and Legislature will fully weigh the force of these reasons, and will acknowledge that (all discussion as to speculative truth in political economy left aside) the advisers of the Crown in this Country could do no less than maintain, as far as in them lies, unity of Legislation, in this most important subject, throughout Her Majesty's Dominions. An order in Council disallowing the Bill will be accordingly forwarded to you by an early opportunity. I have, &c. Downing Street, NEWCASTLE. 30th September, 1859. SIR,-With reference to my despatch, No. 28, of the 27th August, I transmit to you herewith an Order by the Queen in Council, disallowing the Act of the Legislature of Canada, No. 2131, "to impose a Duty on Vessels admitted to Registry and the Coasting "Trade in this Province, and belonging to Countries not admitting the Vessels of this "Province to Registry, and privileges of General and Coasting Trade, in such Countries." I have, &c., The Right Honorable (Signed), Sir E. W. HEAD, Bart., &c., &c., &c. Ordered, That the same do lie on the Table. NEWCASTLE. The Honorable the Speaker presented to the House a Statement of the Receipts and Expenditure of the Montreal and Champlain Railroad, and appurtenances, together with the amount of tonnage and passengers conveyed over the Road during the year 1859. Also, a Statement of the Real and Personal Estate held and enjoyed by the Mechanics' Institute of Montreal. And also the Annual Return of Fees received for the Fee Fund of Upper Canada, and of the Salaries paid to County Judges and Recorders during the year 1859. Ordered, That the same do lie on the Table, and they are as follow: (Vide Sessional Papers.) The Honorable Mr. Moore, from the Select Committee, appointed to try and determine the matter complaining of an undue Election and Return for the Electoral Division of Alma, informed the House that the Committee had re-assembled this day, pursuant to the Honorable the Speaker's Warrant; That the Report of the Commissioner appointed for the examination of witnesses on the trial of the said Election Petition, being in the French language only, the Committee had directed him to ask leave to adjourn, in order that the said Report be translated into the English Language. Ordered, That the Select Committee on the Alma Division Election Petition have leave to adjourn until Wednesday the twenty-eighth day of March, instant, at eleven o'clock in the forenoon, to give time for the translation into English of the Evidence, and the Report of the Commissioner appointed to hold the Enquête relating to the said Election. The Honorable Mr. Simpson, from the Joint Committee of both Houses on the subject of the Legislative Printing, presented their first Report. Ordered, That it be received, and The same was then read by the Clerk, as follows: The Joint Committee of both Houses on Printing, beg leave to make the following as their first Report: was The Committee beg leave to recommend a reduction of their quorum to seven Members. On motion of the Honorable Mr. Simpson, seconded by the Honorable Mr. Morris, it Ordered, That the said Report be adopted. The Order of the Day being read for the third reading of the Bill intituled "An Act respecting the sale and management of Public Lands." On motion of the Honorable Mr. Vankoughnet, seconded by the Honorable Mr Knowlton, it was Ordered, That the same be postponed until to-morrow. Pursuant to the Order of the Day, the Bill intituled "An Act to restrain Municipalities from issuing Debentures beyond a certain amount," was read a third time. The question was put whether this Bill shall pass? It was resolved in the affirmative. Ordered, That the Clerk do go down to the Legislative Assembly and acquaint that House that the Legislative Council have passed this Bill, to which they desire their concurrence. The Order of the Day being read for the second reading of the Bill intituled "An Act to repeal the Acts incorporating the Toronto Mechanics' Institute, and permitting the said Institute to be incorporated under the General Act incorporating Mechanics Institutes." On motion of the Honorable Mr. Allan, seconded by the Honorable Mr. Mills, it was The Order of the Day being read for the second reading of the Bill intituled "An The Honorable Mr. Campbell moved, seconded by the Honorable Mr. de Blaquière, After Debate, The question of concurrence being put thereon, the same was resolved in the affirmative, and the said Bill was then read a second time accordingly. Ordered, That the said Bill be referred to a Select Committee composed of the Honorable Messieurs Campbell, Vankoughnet, Prince and Allan, to meet and adjourn as they please. The Order of the Day being read for the second reading of the Bill intituled, "An Act respecting the challenging of Jurors in certain cases," and The Honorable Mr. Campbell moved, seconded by the Honorable Mr. de Blaquière, After Debate, The question of concurrence being put thereon, the same was resolved in the affirmative, The said Bill was then read a second time accordingly. Ordered, That the said Bill be referred to a Select Committee composed of the Honorable Messieurs Campbell, Vankoughnet, Prince and Allan, to meet and adjourn as they please. The Order of the Day being read for the second reading of the Bill intituled, "An Act to amend the Act respecting Interest," was On motion of the Honorable Mr. Prince, seconded by the Honorable Mr. Armstrong, it Ordered, That the same be postponed until to-morrow. Then on motion of the Honorable Mr. de Blaquière, seconded by the Honorable Mr. Knowlton, The House adjourned. By the Honorable Mr. Matheson; of Michael Mooney and others, of the Township of Sandwich; and of the Municipal Council of the Township of Montague, in the County of Lanark. By the Honorable Mr. Murney; of the Belleville Mechanics' Institute. By the Honorable Mr. Prince; of Her Majesty's Justices of the Peace for the County of Elgin, in General Quarter Sessions assembled; and of Thomas Gorman of the Township of Sandwich, in the County of Essex. By the Honorable Mr. Guévremont; of Louis Adams, President of the School Commissioners of the Parish of St. Ignace du Coteau du Lac, in the County of Soulanges. By the Honorable Mr. Armand; of the Reverend F. T. Lahaye, Manager of the Deaf and Dumb Institution, Côte St. Louis, Montreal. Pursuant to the Order of the Day the following Petitions were severally read: Of the Municipal Council of the Town of Whitby; of John Bingham and others, of Trowbridge, in the County of Perth; and of the Municipal Council of the County of Elgin, severally praying for the passing of a Prohibitory Liquor Law. Of the Committee of the Ladies' Protestant Home of Quebec; of M. A. Angers on behalf of L'Aisle du Bon Pasteur of Quebec; and of the Brockville Mechanics' Institute, severally praying for aid. Of the Municipal Council of the Township of Hamilton, praying for the passing of an Act to compel those Towns and Townships where roads have been constructed with money received under the Municipal Loan Fund Act, to assume their respective roads, and pay the interest on the cost thereof into the County Treasury. Of the Municipal Council of the County of Elgin, praying for the amendment of the Assessment Law. Of the Mechanics' Institute of Montreal, praying for certain amendments to their Act of Incorporation. Of the Representatives of the several Wesleyan Circuits in the Counties of Montcalm, St. John, Huntingdon, Argenteuil, Vaudreuil, Terrebonne and Montcalm, in district Convention assembled; praying for the passing of a Bill to secure to Upper Canada the advantages of a National University unconnected with any religious persuasion, and to place upon an equal footing all Colleges, whether denominational or otherwise. Of the Corporation of the College of Ste. Anne de la Pocatière; praying for aid towards the support of the School of Agriculture. Of the Municipal Council of the County of Oxford, praying for the passing of a Bill to afford protection to sufferers from incendiary fires. Of J. G. Proulx and others, School Commissioners of the Parish of St. Antoine de la Baie, praying for a grant of money to a School in the said Parish. Of Archibald McIntyre, Chairman, on behalf of a public meeting of the inhabitants of St. Thomas, praying for the passing of some measure to relieve them from their Railway Liabilities, and that they may be put on the same footing as the Municipalities who have borrowed money from the Municipal Loan Fund for similar purposes. Of William H. Campbell and others, of the Townships of Abinger, Denbigh and Lynedoch, praying that the said Townships, together with Effington and Ashley, may be united to the County of Addington, for Judicial purposes. Of the Municipal Council of the Town of Whitby, praying that the Municipal institutions Act may be so amended as to provide that the Reeves and Deputy Reeves of Townships and Villages may be elected by the direct vote of the people. Two Petitions of the Reverend Joseph Eloy Michaud and others, of the Townships of Romain and Cap Chat, praying for aid to make a certain Road, and also praying that they may obtain grants of the lots they now occupy in the said Townships from the Government. Of Charles Biron, and others, of St. Ours, in the County of Richelieu; praying that American vessels may not enjoy the same privileges as Canadian vessels in the Chambly Canal. Of Thomas Wood, and others, of the Municipality of South Halifax, praying against any alteration in the limits of the said Municipality. Of Alexandre and Jean E. Fraser, of L'Isle Verte, in the County of Temiscouata, praying for a free grant of certain Lots of land in the Township of Viger, in recognition of the services rendered to the Government by their father, Peter Fraser. The Honorable the Speaker presented to the House a Statement of the affairs of La (Vide Sessional Papers.) The Honorable Mr. Campbell, from the Select Committee, to whom was referred the Bill intituled "An Act to abolish the use of Grand Juries in Recorder's Courts in Upper Canada," reported that they had gone through the said Bill, and had directed him to report the same to the House without any amendment. On motion of the Honorable Mr. Campbell, seconded by the Honorable Mr. Alexander, it was Ordered, That the said Bill be read a third time presently. The said Bill was then read a third time accordingly. The question was put whether this Bill shall pass ? It was resolved in the affirmative. Ordered, That the Clerk do go down to the Legislative Assembly and acquaint that House, that the Legislative Council have passed this Bill, to which they desire their concurrence. The Honorable Mr. Morris moved, seconded by the Honorable Mr. Moore, That an humble Address be presented to His Excellency, the Governor General, praying that a copy of a letter, which, on the fourteenth day of October last, was addressed to the Honorable the Commissioner of Public Works, by the late Captain Jones, of the illfated Steamship Hungarian, regarding the erection of Beacons and Light Houses, in the Lower St. Lawrence, may be laid before this House. The question of concurrence being put thereon, the same was resolved in the affirmative, and it was Ordered, That such members of the Executive Council as are Members of this House, do wait on His Excellency the Governor General with the said address. |