sembly while in such office, unless reelected after acceptance
thereof. An amendment was moved to exempt executive councillors who did
not hold any office of emolument from the provisions of this section,
but it was lost by a close vote. Mr. Wilmot voted for the amendment on
the ground that a man who was merely an executive councillor without
office, and who received no emolument as such, should not be required to
go back to the people for reelection. The bill, nevertheless, was passed
by a full House, but it was disallowed by the home authorities on the
ground that it was not in accordance with British precedents. The
colonial secretary said, "This Act as actually drawn would therefore
seem to establish a principle of great importance as well as
novelty--the principle, namely, that the Crown may not select its own
confidential advisers from amongst representatives of the people unless
the person so chosen should be willing to hazard a new election. How far
it is wise to erect such a barrier between the executive government and
the popular branch of the legislature would seem to be a matter well
meriting serious consideration." In the same despatch, the propriety of
seats in the assembly being vacated for the same reasons which would
vacate seats in the House of Commons was fully conceded. The stand taken
by Wilmot in regard to this subject was therefore the one which was
approved by the home government and was further endorsed by subsequent
legislation. Yet it was not until 1849 that the Act was passed which
finally settled the question, and required members of the legislature
accepting office to vacate their seats in the House of Assembly and go
back to their constituents for reelection.

{THE GOVERNOR CENSURED}

Sir William Colebrooke had not been a popular governor since the
appointment of his son-in-law to the office of provincial secretary. The
House of Assembly, therefore, was disposed to watch his conduct very
closely and to criticize actions which perhaps would not have attracted
so much attention under other conditions. During the session of 1846, it
was shown that he had appropriated a portion of the surplus civil list
fund, amounting to about three thousand pounds, for the purpose of
defraying the expenses of surveying Crown lands in Madawaska.[6] This
money was taken by the order of the colonial secretary, Lord Stanley.
Thus it appeared that, although the province was supposed to have the
control of the te