On moving the eleventh resolution, on the 3rd of March (1837), Mr. Howe made a speech that is worth preserving, for various reasons. Those who defended the old system of government assumed, first, that the institutions of the United States had failed to secure liberty and happiness, and that by yielding responsible government, republican institutions would be at once introduced. Mr. Howe combated both these arguments. While he did justice to our neighbours, and ascribed to the practical working of their purely elective institutions the great prosperity and freedom which they enjoyed, he showed that responsible government was not republicanism, …

Speech on Elective Councils (Senate) More…

“Above 70 years’ legislation has accumulated a mass of provincial enactments (contained in 3 large quarto volumes, down to 1826.) Since 1826, very many acts have passed. Much inconvenience has been felt in referring to them, as it requires intimate acquaintance with their contents, to enable any one to distinguish those directly or virtually repealed, from such as remain in force. This difficulty has been experienced by professional men as well as others, although the small Index published by Chief Justice Marshall afforded some remedy. The variety of instances in which our Provincial acts and usages have altered the laws …

Epitome of the laws of Nova Scotia (Volume 1-4) More…

“Hon. Mr. Wilkins, Attorney General, moved the following resolutions on the subject of confederation, in the house of assembly, on the 5th of February: That the members of the Legislative assembly of this Province, elected in 1862 simply to legislate under the colonial constitution, had no authority to make or consent to any material change of such constitution, without first submitting the same to the people at the polls That the resolution of the 10th of April, which preceded the enactment of the British North America Act is as follows Whereas it is the opinion of this house it is …

Debate on resolutions relative to repeal of the “British North America Act” in the House of Assembly of Nova Scotia; session 1868 More…

“…it is of importance that the people of this country should be free from danger. For, sir, without professing a prophetic spirit, let me say that if the principles I am now contending for be not distinctly acknowledged, the time will come when Governors will attempt to exercise the power they now nominally possess, and place themselves in opposition to the wishes of the people.” Johnston, J. W. “Speech delivered by the Hon. J.W. Johnston, in the House of Assembly, on the 19th March, 1850 : on introducing resolutions for defining the nature and foundation of the self-government of Nova …

Resolutions for defining the nature and foundation of the self-government of Nova Scotia in her local affairs, and in favor of an elective legislative council More…

For a few years the government of Nova Scotia was vested solely in a governor, who had command of the garrison stationed at the fort of Annapolis, known as Port Royal in the days of the French regime. In 1719 a commission was issued to Governor Phillips, who was authorized to appoint a council of not less than twelve persons, all of whom held office during pleasure. The governor, in his instructions, was ordered neither to augment nor diminish the number of the said council, nor suspend any of the members thereof, without good and sufficient cause… This council had …

The Constitution of the Legislative Council of Nova Scotia More…

A mandamus was applied for, at the Instance of the Sessions for the County of Halifax, to compel the Warden and Council of the Town of Dartmouth to assess on the property of the town liable for assessment the sum of $15,076 for its proportion of County School Rates for the years 1873-1878, under section 62 of the Educational Act, Revised Statutes, chapter 32. Held, that the Warden and Town Council ought to have assessed in each year for the proportion of the County school assessment payable by the town, but that in view of the act to amend the …

Queen v. Town Council of Dartmouth More…

Without such hazards of giving offense, we can never arrive at anything that approaches political truth, perhaps a key to the bubble wrap of political correctness that can be used to strangle the dissent of today. Joseph Howe, as a perpetual rabble-rouser, understood this better than most, and he was willing to “die by the sword” under charges of seditious libel in order to advance the human condition of his country. “It is sometimes said, the mother country has its great charter, its Bill of Rights, and why should we not have a charter, or some such written guarantee for …

“At some hazard of giving offence” More…

“The principle of organization of government on the basis of “separate” departments is not only fundamental in the structure of American Federal government, but it has been written into every one of our state constitutions in one form or another. That purpose was stated in Article XXX of the Declaration of Rights of the Massachusetts Constitution to be the achievement of “a government of laws, and not of men.” In another article the same purpose was stated more fully in the following words: “Government is instituted for the common good;—and not for the profit, honor, or private interest of any …

Plural office-holding in Massachusetts, 1760-1780, its relation to the “separation” of departments of government More…

“the inhabitants of the town plot of Dartmouth…in said town…the district of Dartmouth” Chapter 6 of the Acts of 1789, “An act to enable the Inhabitants of the Town Plot of Dartmouth to use and occupy the Common Field, granted them by his excellency the Lieutenant-Governor, in such way as they may think most beneficial to them”http://0-nsleg–edeposit.gov.ns.ca.legcat.gov.ns.ca/deposit/Statutes/at_large/volume1/1789.pdf “Common of the town of Dartmouth…the common of the township of Dartmouth; situate on the eastern side of the harbour of Halifax, in special trust, for the use of the inhabitants settled and resident in the town plot, or that might thereafter settle, …

Body politic, Body corporate; City limits More…