third reading, but the non-official members at once quitted the chamber,
and reduced the number below the legal quorum. On the day following Mr.
Gregson appeared at the table and apologised for the absence of his
honorable brethren, who were preparing a protest to present on the
morrow. Wilmot complained of discourtesy, and denounced the opposition
as disloyal and unconstitutional. They asserted that quitting the
council chamber was not unusual, and was not a concerted movement, and
resented in decided language the charge of disloyalty,--amounting in
sworn councillors to perjury, if rigorously construed. The governor
afterwards explained that he had reference only to the particular
instance, and not to their general intentions.
It had been publicly rumored that rather than allow the Appropriation
Act to pass, several members had resolved to resign. Captain Swanston,
less prominent in opposition, waited on the governor, and earnestly
advised him to forward another set of estimates, prepared by Captain
Swanston, for the approval of the secretary of state. He warned him that
should he persevere a rupture would inevitably follow. In this interview
the governor expressed his determination to proceed. He forgot, it would
seem, some of those forms of civility which no man can safely neglect,
and Captain Swanston left him with a sense of personal affront,--an
immedicable wound.[244]
In this temper the council met on the 3rd of October. Mr. Gregson called
the attention of the members to a question submitted to Mr. Francis
Smith, a barrister: Whether, as chairman of a committee, the governor
had a deliberate and casting vote, and whether the quorum required by
law at a meeting of council was requisite in committee; and thus whether
the estimates were legally passed through the committee, the numbers
present being less than one third, and the governor giving his double
vote. Mr. Smith gave his opinion that the estimates were in law
rejected instead of carried; but the chief justice considered the
sitting of committee merely a convenient method to sift beforehand items
afterwards to receive a legal sanction in the council. The
attorney-general without notice was unprepared to give an opinion, and a
motion of Mr. Gregson for delay was lost. The colonial secretary then
moved the third reading of the obnoxious bill, when Mr. Dry rose to read
a minute, signed by the members in opposition, objecting to the
proceedings. This being rejected as irregular, Mr. Gregson proposed that
the third reading should be delayed that the members dissenting might
bring forward other estimates. In urging this motion he rebutted the
"disloyal" imputation, and referred the governor to the unity existing
in the country party in proof that inevitable necessity alone had
prompted the co-operation of persons hitherto adverse. This motion being
lost--before the Appropriation Act could be carried--the opposition
quitted the council. Those remaining did not constitute a quorum, and
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