is Chancellor, and the Justices of the Supreme Court Assignees.
The Court of Governor and Council, for hearing and determining Causes relating to Marriage and Divorce.
The Supreme Court of Judicature for the Province is held in Fredericton. It consists of the Chief Justice and three Assistant Judges. The Terms are the third Tuesday of February and May, and the second Tuesday of July and October. The Jurisdiction of this Court is very extensive, partaking of the power of the Courts of King's Bench, Exchequer, Common Pleas, and other Courts in England. All civil causes of importance and capital cases are determined in this Court. The present Chief Justice Saunders, who presides in this Court, the reader will observe, was a Member of the first Council in the Province. He has ever since been actively employed in the first stations in the country, which he has filled with the greatest ability and integrity. He is the only survivor capable of filling a public station among all those who bore a share in the public concerns of the Province on its first erection into a separate Government under Governor Carleton. The salary of the Chief Justice is £700 or £750 sterling. The other Justices have each £500 sterling per annum. The Justices, besides attending the Supreme Court at the Seat of Government, hold Circuit Courts in the different Counties.
The Inferior Court of Common Pleas consists of two, three, or more Justices, who preside occasionally. They are assisted by the Magistrates of the County. Here civil causes that do not involve property to a great amount are determined, as are also crimes and misdemeanors not affecting life. The Grand Inquest of the County attends this Court, when Bills of Indictment are found, which if involving matters above its Jurisdiction, are handed over to the Supreme Court for trial. Most of the Police of the Counties and Parishes is regulated by this Court, which is held half-yearly or quarterly in the several Counties, as the public business may require. Here the parish officers are appointed, parish and county taxes apportioned; the accounts from the different parishes audited; retailers and innkeepers licensed and regulated, &c. In short, this Court exercises in many respects the same powers in the several Counties, in regard to their internal police, as those that are exercised by the Mayor, Aldermen, and Commonalty of incorporated Cities.
Besides these Courts there is a summary mode of recovering debts under five pounds before a single Magistrate.
The Legislature of New-Brunswick, like most of the British Colonies, is a miniature of the British Parliament, consisting of the Lieutenant-Governor, the Council, and House of Representatives. The Governor represents the King. The Council form the upper House, in humble imitation of the House of Lords in England; and the Representatives from the different Counties forming the lower House, or House of Assembly. The number of Representatives for the several Counties is as follows: For the Counties of St. John, Westmorland, Charlotte, and York, four each; the Counties of King's, Queen's, Sunbury and Northumberland, two each; and two for the City of St. John, making in all twenty-six. This representation, the reader will observe, is very unequal. The County of Saint John, which includes the City, having two more members than the extensive County of York, which includes the Seat of Government; and the County of Sunbury, which is not as large as some parishes in the other counties, has as many members as the County of Northumberland, which comprises over one-third of the Province. It must indeed be admitted that Saint John and Sunbury are far better settled than Northumberland; but when we look at the great extent of the latter, the numerous settlements and great trade in that part of the Province, we must allow that the inhabitants of that part of the country have not an equal share of what may be considered the bulwark of liberty – namely, a fair representation. Six members at least, would not be out of proportion for that large County.
The Assembly sits in the winter at Fredericton: the sessions continue from six to seven weeks. Its chief business is in managing the provincial revenue, providing for schools, roads, &c. and making such laws as the state and trade of the Province may from time to time require. When laws are enacted that interfere with Acts of Parliament, they are transmitted to the King, with a suspending clause, and are not in force until they receive the royal approbation.
CHAPTER III.
Climate. Produce
As New-Brunswick lies in nearly the same parallel of latitude as Paris, Vienna, and other places in Europe, it would be natural to suppose the climate would be similar to those places; but it must be observed that cold is found to predominate on the continent of America. Hence in places under the same parallels, the differences between the old and new continents, with regard to cold, is very great, and this difference increases as you advance from the equator. This has been supposed by Dr. Robertson and others to arise from the western situation of America, and its approaching the pole nearer than Europe or Asia, and from the immense continent stretching from the St. Lawrence towards the pole and to the westward; and also from the enormous chain of mountains which extend to an unknown distance through that frozen region, covered with eternal snow and frost; over which the wind in its passage acquires that piercing keenness which is felt as far as the Gulf of Mexico, but more severely in the Canadas, New-Brunswick, and Nova-Scotia.
The prevailing winds, from October to April, are from the north and north-west, during most of which period the air, though frequently intensely keen, is clear and healthy. December is a temperate, pleasant winter month. In January the heavy falls of snow commence, and the drifting storms prevail chiefly in February and March; but these are not so frequent as formerly, and the major part of the winter is clear, hard weather.
In April the spring commences, and the winds are chiefly from the east north-east, which occasion dull, heavy weather. The rivers, lakes, and streams break up this month. As May advances, the weather becomes settled, and the mornings are uncommonly fine. The sun, which rises a little after four o'clock, diffuses his beams in full splendor through an unclouded sky. This is the usual month for sowing and planting on the high land. The intervale and low lands are generally later in drying, and are generally cultivated in June. The prevailing winds in the summer are from the south and south-west, veering at times to the eastward, but never continuing long to the north-west. In the first part of June the cold is considerable at night, frequently attended with frosts, particularly at the changes of the moon, which sometimes injure the early flowering fruits; and it is not till after the summer solstice that the night air loses its chilliness. This is no doubt occasioned by the snow, which lies undissolved in the deep recesses of the forest, as well as by the waters of the numerous rivers, lakes, &c. all which are swoln at this season; and by the cold acquired by the earth during the winter, which requires the full effect of the sun's influence, till late in June, before it is sufficiently heated. As soon as the earth is so thoroughly warmed that the nights lose their chill, vegetation becomes surprisingly rapid. In a few days, plants that appeared yellow and stunted, assume a deep green, and show a vigorous growth; and in less than a week, should a shower intervene, the face of the country exhibits the most luxurious vegetation, sufficient to astonish those who have only been familiar with temperate climates.
September is a pleasant month: the air is serene and pure. The rivers and streams are usually lower this month than at any other period during the year, and the dry weather frequently continues till late in October. Snow falls sometimes early in November, and lays till late in April; but this does not always hold. The rivers and lakes freeze up about the middle of this month, some sooner and others later, according to their situation. It is not uncommon to have frost in all the months in the year except July: for, as was observed before, it seldom escapes at the changes of the moon in June, and it frequently happens at the full in August, particularly on small streams. If, however, it passes that period, it generally keeps off till late in September. A stranger would naturally conclude from this account, that the season was too short and frosty for crops to come to maturity; but this is not the case. Roots come to perfection and grain gets ripe in most years; wheat being oftener hurt by the rust than the frost. The springs are indeed backward; but vegetation is exceeding rapid, and the autumns are uncommonly fine. The changes of the weather are frequently very sudden. Often in the space of two hours, (in the seasons of fall and spring,) changing from the mild temperature of September to the rigor of winter. This is chiefly occasioned by the
