1S4 ROYAL SOCIETY OF CANADA 



Majesty's coiisideratidii '• that each niL-mber of the eouneil should be 

 seized of a certain amount of uneneumliered veal estate ; and that the 

 seats of membei'S should be vacated on their ceasing to be possessed of a 

 substantial qualification, or on their beconnng bankrupt, executing a 

 composition deed, becoming a public defaulter, or neglecting to give their 

 attendance for a given time, Avithout leave of the lieutenant-governor." 

 The assembly dwrlt on the fact that of the eighteen members that then 

 composed the council. '• a great proportion held offices at pleasure under 

 the Crown, and the principal officers of the government generally form a 

 majority of the members present ; " and that it was not possible that '' a 

 bod}- so constituted can be supposed to legislate with the independence 

 necessary to secure public confidence in their acts.'' In the first settlement 

 of the province, '• it was necessary, from the paucity of qualified men. to 

 appoint the pi'incipal officers of the provincial government to seats in the 

 legislative council," but as such necessity had ceased to exist, the assembly 

 ■' humbly conceive that a more constitutional system should be established 

 and that, so far as regards public ofiicers, the}^ should never exceed the 

 number necessary to conduct the business of the government in that 

 house."' In conclusion, the address implores Her Majesty " either by the 

 exercise of the royal prerogative, or otherwise, to establish such salutarj^ 

 provisions for the future, as may ettectually secure the independence of 

 that body." 



XXVI. Answkh tiK Lord Stanley to Address of Legislative 

 CoKNciL OF New BRrNSWioK. 



It will be seen that in this address there is no reference to a life 

 tenure, and consequently there is no mention of that subject in the des- 

 patch of Lord Stanley of the 11th of .July, 1841!, in answer to that 

 address. Certain changes were, however, nuide in accortlance with the 

 suggestion of the assembly, as was pointed out in the despatch of Lord 

 Stanley to Lord P'alkland in August, 18-15 — the most imi)ortant being the 

 limitation of office holders with seats in the council.' 



XXVII. Lord Stanley's Precise Statement ok Ciianoes in New 

 Bri'nswick Const itition. 



In a later despatch of the 30th December. 184:^., Lord Stanley pro- 

 ceeds to show the nature of the changes in the constitution of New 

 Brunswick, and the reasons why it was not necessary to change the 

 commission and instructions. I draw special attention to his language 

 as it is obvious that Lieutenant-Governor Archibald did not fully 

 appreciate its significance. 



' Set- (ibove, p. 150. 



