stitute the great council of the King; and upon whatever subject it is his prerogative to act, it is their privilege, and even their duty, to advise. Acts of executive government, however, belong to the King; and should Parliament not interfere, his orders are sufficient; in legislation nothing is valid, unless by the concurrence of all The three branches of the legislature formed what has been called the balance of the constitution; it would have been more just to have compared them, to what is called in mechanics, combination of forces; for the combined impressions received from the three Houses decide the direction of the whole.

three.

The House of Commons, as it has before been observed, was intended to represent the people at large; and up to the time of the Revolution, they had been found to do so sufficiently well. Even the pensioned Parliament of Charles the Second had, in its last days, spoken fairly the sense of the people. At this time, therefore, the House of Commons may be considered as a just repre

sentative of the nation.

And if this be

able member for Northumberland, as to the constitution of an Upper House. It must be perfectly clear that, when the power of the purse strings is in the Lower House, no ministry can be appointed which does not command a majority of this House (hear, hear); and, assuming that representation is fixed upon a just and equitable principle, the Lower will be a reflex of public opinion. It is therefore evident that, under a system of responsible Government, there can be no reasonable objection to give the Governor and his Executive Council the power of nominating to the Upper House; for it is impossible to conceive that a responsible ministry would select individuals for the Upper House who were obnoxious to the public, and who did not possess their confidence. (Hear, hear, from Mr. Wentworth.) true, is it not a far more constitutional mode than that of electing the Upper House? The Upper House will not be indeed directly, but it will be indirectly, appointed by the people. (Hear.) But, being once appointed, it is desirable, if it is to perform functions similar to those of the House of Lords, that it The next element of the legislature was the should become independent, both of the House of Lords. The Peerage serves two great Crown and of the people; and the only purposes in our constitution. First, it is a great way in which it could become indeand splendid reward for national services, whe-pendent, will be to give members their ther by sea or land, in the King's Council, or on the Judges' Bench; it placed a stamp upon excellent merit, and constitutes the posterity of the ennobled person a perpetual image of his achievements and their recompense. Secondly, the House of Peers collectively form a Council for weighing, with greater caution and deliberation, the resolutions of the House of Commons. If this more popular assembly is sometimes led away, as it is natural it should, by sudden impressions or temporary clamour, this hereditary senate may interpose its grave and thoughtful opinions to suspend the effect of an intemperate vote. In the possession of such an assembly, indeed, consists the difference between a constitution of pure democracy, and one of mutual control. North America, therefore, which is strictly a government of mutual control, is not without its Senate, as well as its House of Representatives.

Now, it ought to be the endeavour to copy these institutions, and I feel assured that every member of the committee has kept this object in view. (Hear, hear.) Before I proceed further I will read a passage from Lord John, relative to the functions of the House of Lords, which I believe it is most necessary to understand in framing an Upper Chamber.

Now I acknowledge that on this subject I have been much anticipated by what has fallen from other honourable members; but I must say I fully concur in the remarks of the honour

appointment for life. (Hear, hear.) It will then become a large and important body, controlling both the people and the executive, and I have no doubt it would exercise its functions to the And I believe the satisfaction of both.

On

post would be an object of ambition to
the better class of colonists. There
would be attached to a seat in the Upper
House the designation of "honorable,"
as is the practice in other colonies;
and I do not agree with those who say
that no wish exists on the part of the
colonists for personal distinctions.
the contrary, they are sought after with
avidity-(hear, hear); and I need only
instance the strong desire which exists,
and which is daily manifested by the
colonists, to obtain even appointments to
the commission of the peace. (Hear.
hear.) No doubt the same feeling would

actuate them in desiring to obtain seats legal debts. Now this would make the

in the Upper House. Now, I do feel
that all this shows, notwithstanding the
great array of authorities which have
been adduced from persons now in high
station against it, that the proposed bill
is more analogous to the British Constitu-
tion, and more suited to the circumstances
of the colony, and that there is a better
safeguard in it, than can be found in any
other proposal. (Hear, hear.) And I
have no doubt, when the people of the
colony have heard the reasons in favour of
the bill, they will be satisfied with it,
and the Upper House thus constituted
will not be distasteful to them. Now,
there are two models before us. The
New Zealand Constitutional Act and the
Cape Constitution, which differ materially.
In the New Zealand Act the same princi-
ples prevail as in the bill before the
House. In the Cape Constitution, the
Upper House is made elective. I will
venture to explain to the House the
particular features of that Constitution.
In the second section it is enacted, that
the Chief Justice and fifteen members
shall constitute the Legislative Council.
But although there is a distinct qualifi-
cation for members of the Legislative
Council, they are to be elected by the
same franchise; and what will be the
result? Looking at the division of the
colony into two separate districts, I do
not hesitate to say that the towns will
entirely swamp the country interests,
(hear, hear,) and the result will be, that
the Upper House will be more democratic
still than the lower. (Hear, hear.) I
predict that this must be the result; and
how, therefore, can the Upper House in
that colony be a safeguard against hasty
legislation by the Lower House? It
will be a mere duplicate, a mere reflex of
it, and can never act in a constitutional
manner; the object of its existence will
be missed. The qualification established
for the Upper House is, that a candidate
should be a registered voter, thirty years
of
age, and be possessed of unencumbered
freehold property to the value of £2,000;
or if mortgaged, then that he should be
possessed of property, real and personal,
to the extent of £4,000 above his

Upper House exclusively one of landholders; and it does not appear to me that, in this colony at all events, any such House would give satisfaction. (Hear, hear.) Why should not merchants and professional men, who are qualified-why should not bankers, whose monetary experience would be of the greatest value, be eligible for the Upper House? Nothing can be more unwise than this exclusive system; nothing, I will venture to say, more unacceptable to the colony. The House is aware what differences of opinion exist out of doors on the subject of an elective house. No sooner is any one asked what his notions are, than he is thrown upon his back. The proposition of the hon. member for Cook and Westmoreland has not been received with any degree of favour, either in the house or out of it, Besides, there is another objection to this elective house. Its independence will be entirely obliterated by the power of the Governor to dissolve it. (Hear, hear.) It cannot be independent of the Crown; and what I want to see is a house equally independent of the Crown and of the people. Such a house will be the only one analogous to the British House of Peers, and the only one which can perform its functions to the satisfaction of the country. (Hear, hear.) On the subject of the distribution of the electoral districts, I think it desirable to read a few more extracts from Lord John Russell, who must be regarded as the best constitutional authority on the subject-who has, in his discussion on the Reform Bill, proved his anxiety, on the one hand, for the maintenance of perfect freedom, and, on the other, for the maintenance of constitutional principles.

First-All parts of the country, and all classes of the people, ought to have a share in elections. If this is not the case, the excluded part or class of the nation will become of no importance in the eyes of the rest; its favour will never be courted in the country, and its interests will never be vigilantly guarded in the legislature. Consequently, in proportion to the general freedom of the deprived class, by the sentence of nullity and the community will be the discontent excited in inactivity pronounced upon them. Every system of uniform suffrage, except universal, contains this

should have a vote.

blot. And universal suffrage, in pretending to ready to lend my most zealous assistance avoid it, gives the whole power to the highest in procuring a reform. But how stands and lowest, to money and to multitude, and thus disfranchises the middle class, the most disinte- the fact? By this Act the towns have rested, the most independent, and the most un11 members and the counties 17 memprejudiced of all. It is not necessary, however, bers, while the pastoral districts send but' although every class ought to have an influence 8 representatives to the House. There are in elections, that every member of every class therefore 28 to 8 against the latter class of representatives, a difference quite sufficient, I should imagine, to guard against their exercising any undue influence. The idea that the pastoral interests are more fully represented than the towns and counties has, I believe, chiefly arisen from the fact that the most influential member of this House, the honourable and learned member for Sydney, was formerly largely connected with that interest.

Mr. WENTWORTH: That objection has been got rid of.

I will now briefly advert to the observations which have been made by the honourable member for Durham (Mr. Cowper) yesterday, who quoted from the speech delivered by me in 1851 on the Electoral Acts. The honourable member stated, that so far from the principles of the Reform Act being considered final, its very authors had since proposed amendments in it; and he quoted from my speech to show that I had said no such changes were contemplated. The truth is, however, that great changes The COLONIAL SECRETARY rehave been brought about in England sumed: By the measure before the House since the establishments of railroads, and it is proposed to supply the vacancies many re-arrangements of matters of de- created in this House by the exclusion of tail have become necessary; but Lord the eighteen nominees, and by the addition John Russell has distinctly stated that of eighteen members apportioned in exhe has no intention to change the prin- act accordance with the principles of the ciple of the Bill, nor to alter the balance existing Electoral Act. This will increase of representation. (Hear, hear.) [The the number of representatives for the honourable gentleman here quoted from towns to sixteen; of the number of reLord John Russell's speech on the pro- presentatives for the counties to twentyposed Reform Bill last year.] In the six; and the number of representatives speech which has been referred to by of the pastoral districts to twelve. the honourable member for Durham, he proportion, therefore, in the representahas shown that in the representation of tion of the pastoral districts to that of the Bridgenorth and the Tower Hamlets, towns and counties will be twelve to fortyboth of which are placed upon an equal two, or in the ratio of three and a-half to footing, the proportion of the population one. (Hear, hear.) This appears conis as 200 of the latter to one of the clusive; but I am not wedded to the exformer. In the Electoral Act of 1851, isting scheme. If it be found necessary, there is no such enormous discrepancy members may be added to increase the as this; the greatest disproportion not representation of Sydney. I have already being more than three to one. (Hear, expressed that opinion in committee, and hear.) It has been broadly asserted that I will repeat it in the House. There is the pastoral districts have received, by the no particular magic in the number of Act of 1851, too large a share in the fifty-four, and this number may be easily representation. I can only say that, in increased if it be deemed advisable, for giving my concurrence to this measure, the purpose of equalising the representaI have been actuated by an anxious tion. In expressing these opinions I desire' that each class should be fairly desire to have it distinctly understood represented (hear, hear): and if any one that this is not a government ineasure. can show logically and conclusively that (Hear, hear.) Every officer of the goany one class has a preponderating in-vernment is at perfect liberty to speak fluence given to them, I shall be quite and vote according to his own unbiassed

The

sacrifices are of a pecuniary nature, so far as myself and my colleagues are concerned, we shall be quite willing to trust wholly to this House and to the public, feeling assured that our services will be duly considered, and that full justice will be rendered to them. (Hear, hear.) This Bill will confer upon the colony a greater measure of liberty than has been ever before conceded to any dependency of the Crown. The colonists have already had secured to them the full liberty of the press, complete religious equality, and an unimpeachable administration of justice. By this bill they will have full political liberty, with only such safeguards as are absolutely necessary while the colony remains a British dependency. In aiding the supporters of this measure I have but one single purpose in view-an anxious desire to see the colony advance in social and political greatness, and possess insti

stability, of the glorious parent land from whence it sprung., (Loud cheers.)

judgment. No measure of such importance must be carried by any influence of this description. (Hear, hear.) I am aware that such a measure cannot be carried unless it is acceptable to the people at large; and I am glad, therefore, that it is proposed to allow time for free and ample discussion. I feel sure the more the matter is sifted and considered, the more the general propositions of the committee will be approved. (Hear, hear.) It is clear that the proposition for the establishment of hereditary titles is distasteful. And as this portion of the report, can be carried out without legislating upon it at all, there can be no need to press it in the face of any such opposition. It is in the power of Her Majesty to confer titles upon any colonist, and the colonist who may be thus distinguished, will at the same time be eligible to a seat in the Upper House, if he be acceptable to the ex-tutions worthy, in their freedom and isting administration. (Hear, hear.) I trust that this measure will not be allowed to lie over for another session. To myself, indeed, this would be a matter of indifference, but its passing would be the means of conferring upon the colony so many important boons, which have been long struggled for by my honourable and learned friend, and those who have acted with him, that I do not think these boons should be longer delayed. honourable gentleman has now cast open to us the garden of the Hesperides, and offered us the golden apple; shall we at this eleventh hour refuse to accept it. (Hear, hear) Great differences of opinion have arisen with reference to this measure. I hope that, by discussion, all these differences of opinion will be reconciled; and I feel sure that the time will come when all will join in appreciating the services of the honourable and learned member for Sydney, and in awarding a due meed of praise to his coadjutors of the committee. I have not, from motives of delicacy, touched upon one point, which is in a great degree personal to myself. I allude to the subject of pensions. In a great measure like this, for the benefit of the country, some sacrifices must be made; and if these

Mr. BLIGH: I will not, at this advanced stage of the debate, detain the House by a lengthened speech. I must express my regret, however, that certain honourable members, in speaking of the meeting at which I expressed opinions which I should not hesitate to express in this House, have thought proper to apply The such abusive epithets. A more respectable and influential meeting was never held in this city, and for its orderly character it has never been surpassed. If, during the discussion, or by the excitation of some of the auditors, anything distasteful was uttered, it was scarcely worth while on this account to level such sweeping condemnations at the whole meeting. These expressions were not participated in by the meeting as a whole. (Hear, hear.) The honourable and learned member for Sydney, knowing how distasteful the measure with which he was identified was to the citi zens generally, ought not to have been surprised at the expressions of strong feeling in discussing it. None were more sensible than himself of the great obligations which the colony owed to the honourable and learned gentleman, and

this feeling was participated in by numbers
who assisted at the meeting; but when
they disagree from the honourable gen-
tleman on a subject of this vital import-
ance, they must have leave to express
their opinions. Gentlemen of the high-
est respectability, who were not in the
habit of interfering in any way with
political questions, came forward on this
occasion, moved not only by its great im-
portance, but by a desire to convince the
House that this was not a movement by
the mere rabble, but one in which all
classes of the community were repre-
sented. (Hear, hear.) It is a matter of
deep regret that a petition thus got up,
and bearing 3000 signatures, should
have been treated in this House with
contempt. (Hear, hear.) The honour-
able member for Cook and Westmore-
land has disputed the right of the
people to assemble and canvass this
measure. If such be the tone and
spirit of that House as it would
seem to be from the cheers with which
this argument was received the House
will soon cease to possess the confidence
of the colony, and will, consequently,
lose its influence. If the people are
treated with derision and contempt when
they approach this House, constitution-
ally, by petition, they will cease to apply
to the House at all, and it is probable,
even now, that it will be thought ad-
visable, under the circumstances, to apply
elsewhere. (Hear, hear.) The honour-
able and learned member for Cumber-
land has been greatly attacked, because
he was formerly in favor of the nominee
principle. That gentleman has shown
far better sense than those who assault
him now in arriving at a conclusion that
nomineeism cannot be supported in the
face of popular feeling. (Hear, hear.)
If the honourable mover of this bill
dreads the current of democracy, about
which he had spoken so much, he has
certainly taken the very course most
likely to strengthen those currents.
(Hear, hear.) Had he consulted the
popular feeling in preparing his measure,
he might have had all the credit which
the honourable and learned member for
Cumberland now deservedly had for op-

It

posing it. The great
objection to a
nominee House is, that it will be wholly
irresponsible in its character, and, not-
withstanding the lengthy speaking, and
the voluminous quotations which we have
heard on this subject, my views respect-
ing it remain unchanged. I am still
unconvinced that the system of nomina-
tion will give the Upper House a really
conservative character. In fact, the
honourable member for Cook and West-
moreland has himself shown conclusively
that this cannot be the case.
is clear, when we have responsible go-
vernment this House will acquire some-
thing of an independent character; but
the first Upper House will be nomi-
nated, not by the responsible ministry,
but by the irresponsible executive, which
existed prior to the appointment of this
ministry, and these appointments to the
Upper House would be for life. It has
been asked whether some honourable
members are charged with conspiring
to destroy popular rights? I do not
mean to make any accusations of con-
spiracy; but when I see a disposition to
favour one class, and to extend the re-
presentation at the expense of other
classes-when I see a desire to protect
the vested rights of this class, even
against any interference under a re-
sponsible government-and when I re-
member that the interests of this class
are generally regarded as opposed to
those of the great mass of the people, I
cannot but feel some suspicions. (Hear,
hear.) There are many objections which
might be urged against the details of
this measure; but as the present dis-
cussion is with reference only to its
general principles, I shall content myself
for the present with this record of my
objections against those principles (hear,
hear).

The SOLICITOR-GENERAL moved an adjournment of the debate.

The SOLICITOR-GENERAL: I rise with much hesitation, and with no little diffidence, to address the House on this very momentous occasion. When I consider how deeply the question we have now to decide involves the future