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— Che Exam

“THIS is TRUE LIBERTY, WHEN FREEBORN MEN—HAVING TO ADVISE THE PUBLIC, MAY SPEAK FREE.” —Evripipes.

Wor. LJ CHARLOTTETOWN, P. E. ISLAND, SATURDAY, FEBRUARY 19, 1348. [No. 29.

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HOUS2 OF ABSSMSSY. |believe that he is actuated by the purest motives, and

———— SSS SSS === |the strictest impartiality,) that he should, therefore, Wepnespay, Fesruary 2. pomeentets this aesws by om TeeeNrNr et to upset the

election of Messrs. Douse and Maclean. PRIVILEG cS AND ELECTIONS, Mr. J. Longworth, I do notthink the question decid- (Conptinned,) _ , jedly one of dry law. On the other hand, in my opinion, Mr. Rae. The hon. member for Georgetown is mis- it affects the people at large, and, in dealing with it, we taken with respect to iny expression. I did not say, | are bound to consider whether we, as their representa- wished | had found it out before; but. [said the clause tives, can be justified if we forfeit the trust reposed in

must be repealed ; and my reason for saying so, was that us, [ hold that the. cases of the three hon. gentlemen, |

J feared it might be twisted and turned to serve party |the Speaker, Mr. Macdonald and Mr. Palmer,-have no- rposes. On the subject, { consulted.those with whom thing to do with the present enquiry; inasmuch as the generally act, an., in consequence of my doing so, a; House took no action on those cases at the time of their

short Bill was introduced; but it had not been properly occurrence, even if—but which [ do not for a moment

dratted ; and, as it was late in the Session, it was not imagine—any one of those gentlemen knew of the exist-

ceeded in. I never, fora moment, considered the ence of the clause in question. No one, however, it is elause as applicable tothe Executive, from the time that certain, thought proper to put it in operation then; and, that body was separated from the Legislature; nor do I therefore, I do not consider it sound argument to refer to consider that any mind free from party feeling, would so those cases now. In what has fallen from several gentle- construe it. A few words would have amended the Act;\men on the other side, I discover a change of opi- but to do so was not permitted me; andthe predicament/nion. They no longer adhere to what they subscribed in which we are now placed, is the consequence. ‘The last year; and I ask them what has brought this change hon. member explained, in detail, his motives for moving, about, as !, for one, Sir, will never yield up my opinion

‘aud the part-he took relative tothe resolution; and then'en a question of privilege, be the emergency ever so

-eontinued, Had the other side allowed the ambiguity to great. The question is one of an extra-judical nature, ‘be explained away, what we now witness would not have and nothing should influence us in deciding on the rules happeued, and the obstruction to the business of the and regulations of parliament, but a due and full regard

House, and the expense to the country, which the ques-/|to our constitutional -privileges. The Supreine Court

tion now creates, wouid have been obviated. I will not cannot interfere with us; and, in a work, which | hold in

undertake to say, that a Justice of the Peace does not my hand, so lately published es 1844, it is said, that even derive some emolument from his office; but I would | the Judges cannot; but that.all the laws of minor Courts like the question to be answered by the Home Govern-| must be in accordance with the laws of parliament, and ment. My appointment.to the Magistracy, I declined, no court whatever can control parliament. In whatever

because | would not put my constituents to the trouble and expense of re-electing me; and, therefore, I have nothing to be ashamed of. In respect to the contempt with which we are invited to treat the opinion of the Attorney .and Solicitor Generals, (particularly by our Speaker,) 1am sorry to remind him, that, when his seat was in jeopardy, he did not scruple to seck such advice,or

same. When the writ issued there was an end to it; and, had the Sheriff returned either of the candidates, whichever it was, he would have been entitled -to the vacant seat. Had Mr. Coles never gone to the hustings, he could have sat here by virtue of his former Indenture; but, once having acted under the writ, he must abide by

point of view the case is looked at, the conclusion is the’

Ce A A Rng

set so little value upon it, as he now seems to entertain|the result; which result, [ conceive, to be that his seat for is ae Hite i why gee ape 5 aoaee to, he is “a vacant ; mh Femaeanetys I feel bound to vote said, was joined in by the whole House.) Mr, Rue re- for the original resolution. sumed. lam sorry I am obliged to contradict the hon.| Mr. Ree. I shall vote for the retention of his seat, Speaker; but I fearlessly assert, that the House was not|by the Hon. George Coles, not simply because I consider ~ = ¢ PS > met, eee me hon. Speaker met ne matter prey Eae to have been duly elected; but, also, because |} pone? ns tt ney Fe Party b ano regret, pains think he hee ae prestenyiia Bnd ODmrEReIyy dealt ie awyer ai times; 1ave near as-|l am rather at adioss to understand what is meant rerted by hon. gentlemen on the other side, that we could the opposite party, when they pretend to have taken their eine een Steen whew soew ae. et, rarer wane ” penee Mi openes, OF eerling ¢ the peo- men, we are rigicuied, use we ples nights. But wnen a sarge dody Of peopie have given would treat sen rOnUe | ive pee epinone ares who) their eatin ge, and placed their candidate at the head of are even at the fountaia-head of the law. ‘The House,|the poll, -to refuse to admit him to take his seat in the sometimes, can do nothing without ens and yet we, ce I can well understand to be a most unjust in- are now to be called very silly, very weak, and men of|terference with the righis of the people. I wish to be -most contracted minds, if we (even the very least amongst! guided ‘by the law, because, were get so directed, I us) do not consider our judginent superior to the highest|should .not be certain that | was pursuing the path of of them; I, therefore, confessing my inability to compre-|justice. Many of the precedents which have been hend these things, shall move an amendment to the re-| brought forward, I do not much value. We desire to - solution of the learned member for Charlottetown, Mr. foilow the practice of the Imperial House of Commons, Palmer. as nearly as possible; but, at the same time, we must Dr. Conroy. [ do not rise to occupy the time of the admit, that, in a variety of cases, we can follow their ex- Committee by again going over the same ground, wejample only at an humble distance. ‘Their power is im-

have already traversed. We well know in what haste /mensely greater than ours; and, conscious of our great, the writ was issued, and likewise the unusual shortness | inferiority, we ought to act as becomes our weakness;

of time allowed for its return; both of which circum—jand, as the Canadians did, submit to the law. With stances were studied to cheat and chisel the public, by| vision unobscured by party prejudice, we ought to act the late Governor, who, I do not hesitate to say, in so pradently and uprightly. If we do otherwise, the result

~ exceeding his duty, unwittingly rendered the election) must be adverse and injurious, both to the interests of -yoid.—The hon. member quoted an authority to shew the country.and our own credit as legislators.

that, at some former time, the shortness of time allowed) Mr. D. Maclean addressed the Committee, in favor of for the return of the writ had upset an election, and then the original. motion ; and, from the little we could gath- proceeded to shew, from quotations, that any person sit-/er, said he had opposed the Government in 1843, and he ting within the bar of the House, without book or war- did so still; and, as to the opinion of the Crown Law rant, was positively a stranger and an. intruder; and Officers, that he treated with contempt. For a justifica- such, continued the hon. meinber, I contend Mr. Coles tion of his contempt, it was only necessary for him to is at this moment. He possesses neither the one nov refer tothe Report of the Commissioners on the Currency the other; and, according to these precedents, he ought question, in which the Attorney General had displayed to be placed in the custody of the Sergeant, till the his ignorance on that subject. House shal] have determined the question now at issue, | After a short debate, as to whether or not the question

This is not my opinion, or that of the Crown Law Officers; should be brought to a clese this night, the Chairman,

but it wasa rule as long agoas 1557, and mast, therefore, reported progress, and asked leaye to sitagain, and then be preferable; for, at that period, great attenipts were the House adjourned till

made to infringe upon the liberties of the people. We,| i

Sir, are not now going to surrender them for the paltry Tuurspay, Fepruary 3,

service of party. If an attempt were made, by the) When Mr. D. Macdonald opened the debate by re- Queen or her Representative, to cheatonly one freeman questing, that the reply of His Excellency, Sir Donald out of his rights, I, Sir, would stand up in defence of Campbell, to the communication of the hon. Speaker, the privileges of that single individual. ‘Apprizing His Excellency of the vacancy, should be laid

Mr. Mooney. According to the learned Doctor’s argu- | before the Committee. ment, Mr. Douse and Mr. Maclean have noright to seats, Mr. Rae briefly addressed the Committee, and then in this House ; for, if I recollect aright, the writ for their moved, that the Sheriff and some others be examined “District was returnable in three days less time than that touching the return of the writ. “now in question. It would follow, then, that (as he dis-| Mr. F, Longwarth said, This is, evidently, a move to obtain time, as Mr. Fraser ia not arrived: T hope that

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«slsime al} personal or party feeling, and would have us

‘the House will not treat as nothing their solemn Reso- [ution of last year; and I might have hoped that as the Resolution proceeded from Mr. Rae he would have been ‘the Jast to oppose its operation. ‘To my surprise, how~ ever, he now contends that the clause, as explained by ‘the Resolution, is not the law ofthe land. I, on the ‘contrary, contend that it is the law of the land, accord- | ing to the interpretation given to it by his own motion. [ do not think we should ever have heard of this opinion ‘of the Crown Law Officers, had not the late Governor been disappointed in the result of the Election. I, how- ever, set very little value upon it; because, in the |Chambers below, we, one day, hear the gentlemen of the long robe arguing that one thing is law, onthe next, they may be heard contending for the very reverse. From what had fallen from Mr. Maclean, it. was clear the At- torney General was not an infallible legal authority. Having maturely considered what has been advanced, on both sides of the House, I see no reason to admit the evidence sought for by the hon. member for Prince County, and shall, therefore, vote against his motion.

After several other members had addressed the Com-

mittee, the question on Mr. Rae’s motion was put and lost. The House then adjourned till three o’clock, and, being met, Mr. Palmer again called the attention of the Commit- tee to. the fact of the Hon. George Coles’ remaining within the Bar of the House; and sald it was treating the House with contempt, and if he longer persisted in doing so, he (Mr. Palmer) would divide the House upon the question.

Mr. D. Maclean thought that, as his colleague had been allowed to keep his seat for three days, it was then a matter of no consequence.

The Speuker could not remain silent. “He ‘declared that Mr. Macealium, or any person from the street had as much right as Mr. Coles to remain within the Bar; and protested that, if he stood alone, he would divide the House upon the question.

Mr. Longworth followed on the same side, and Mr. Le Lacheur and Mr. Rae referred to several cases in which members, similarly circumstanced to Mr. Coles, had been allowed to remain within the Bar.

Mr. D. Macdonald did not intend to take up the time of the Committee with arguments which have been al- ready so often used on this measure; but would beg to remind the Committee of the consequences that would result from declaring the seat of the Hon. Mr. Coles vacant. We have before us the Letter of His Excel- lency the Lieutenant Governor, in answer to an sppli- ‘eation of the hon: the Speaker for the issuing ofa Wntin ‘the case of the Hon. Mr. Warburton, wherein he positively states that he cannot comply with that application, as he is advised by the Crown Law Officers (whom he is bound to consult) that he, Mr, Warburton, had not vacated his seat in this House by his accepting a seat in the ‘Council. Hf Mr. Coles’-seat in this House be. declared ‘vacant, owing to a slight irregularity in his Election, he will then stand in the same position with Mr.Warburton ; and His Excellency will be placed in the same difficulty with regard tothe issuing of a Writ of Election to fill up such vacancy. The consequence,he (Mr.Macdonald )fear- ‘ed, would be that no election could take place. It was ‘very easy to say that these gentlemen had only to go

‘back to their respective Districts, and that they would ‘be sure tocome back again; but he would like to be told how this difficulty was first to be removed.

| Mr. Whelan said he had not yet offered his opinion on ithe question before the Committee, but that he would ‘not take up much time in expressing it; especially.as ‘so much had been. said on both sides, and since tho ‘evening was so far advanced. He had, indeed, risen ‘several times, with the intention of taking part in tho ‘disenssion ; but until then had not been so fortunate as ‘to obtain a hearing. Whether this was attributable to the remoteness of his place from the chair; or tothe ‘extreme anxiety, displayed by gentlemen on the other side of the House, to make themselves seen and heard, ‘he was not prepared to affirm; but certain it was: that “the eye” of the Chairman had not been on him—he ‘would not quote the words of an honourable gentleman ‘opposite, and say, “the evileye.” “For my own part (continued the hon, member) f have no desire to, travel \at any great length over the various topics introduced ‘in the course of the debate; for to do so, I know, would be useless; for, as was well observed, by an hon. mem- ‘ber, on this side of the Honse, at the commencement of ‘the debate—however forcible, and however clearly ex- ‘pressed, might be the arguments brought forward in ‘opposition to the resolution before the Committee, they ‘would be urged in vain, a majority of members being, no doubt, predetermined to carry the question, right or ‘wrong. This consideration, however, apart, Lam not.6o vain as to imagine that I possess the power to make 'proselytes of honourable gentlemen on the other wide ;

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