APPENDIX.
ix
which has, on more than one occasion within memory, been exer cised in the most arbitrary manner. T h e elective franchise, in the absence of any specific law, w a s formerly regulated by an Act, which defines the extent of freehold necessary to qualify an individual for the exercise of other political privileges, to be the possession of ten acres of land, or a house of the yearly value of £ 2 0 currency. Under this Act, the number of electors in the country divisions does not, in m a n y j n s t a n c e s , exceed t w o or three. B y the nominal concession to the colored classes of their political rights, the electors of St. John's were i n creased to upwards of two hundred. T h e house, some time after wards, by a simple resolution defined the qualification for the exercise of the franchise to be the possession of a freehold of ten acres of land, or a tenement of the yearly value of £ 5 0 currency, or of the dimensions of thirty by fifteen feet ; the latter singular standard having apparently been adopted for the purpose of e x cluding a large class of substantial dwellings, and of including coach houses, and other similar buildings, w h i c h might be used by the wealthy to confer fictitious qualifications on their d e pendents. After the election, following the adoption of this resolution, t w o of the four liberal members, chosen by the Metropolis, were u n seated by a com.mittee of the whole H o u s e , on the petition of their opponents ; the committee not only acting on the resolution, but carrying it out still further by the most strained and partial mterpretations. The aggrieved electors, adopted at a public meeting a series of resolutions strongly condemning these arbitrary proceedings. They likewise addressed a petition to the three branches of the local government, setting forth in forcible and perspicuous terms, the injurious consequences of the u n c o n stitutional conduct of the A s s e m b l y . Finally they made their a p peal to the H o m e Government. The reply of Lord GLENELG to their memorial arrived during our stay in the Colony, and was to the following effect.— The redress of the grievances of w h i c h the petitioners complain, is beyond the power of H i s Majesty's executive government, and the petitioners are also advised to seek protection from encroach ment " in the peaceful and temperate exercise of the right of pe tition, and of free public discussion." The Colonial Secretary by this counsel displays a remarkable ignorance of the state of society in the smaller Colonies ; by his decision he charters the unconstitutional assumption on the part of the Assembly of a power w h i c h belongs jointly to the three estates ; he sanctions an invasion of the Royal Prerogative ; and contributes to continue the Assembly w h a t it has long virtually b e e n — a self-elected body. Such is the legislature of the Colony. The administration of the laws possesses counterpart features. The Chief and Puisne justices of the Court of Common Pleas