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VOL. XXI.1

— Ghe Gxaminer | Business Cards. " SS es a HENRY J. GAFFNEY, M. D.

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OFFICE IN

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A WEEKLY: JOURNAL ©

true Liberty,

Des Brisay’s Block

| Has Removed his Academy to Water St,, |

“| and opinioh of the House being, ** That during

CHARLOTTETOWN, PRINCE EDWARD ISLAND, MONDAY, MARCH 13, 1871,

BEBATES.

OF THE

HOUSE OF ASSEMBLY

(Continued from last week's Extra.) ‘*In the case of Paty, one of the Aylesbury 'men, brought up by Habeas Corpus, Mr. Justice Powell thus defined the jurisdiction

| Court may judge oi privilege, but not con-

trary to the judgment of the House of Com- |

mons.” Again: ‘This Conrt jadges of Privilege only incidentally, for when an action is brought in this Court, it must te | given one way or other, The Court of Par- hament is a Superior Court, and though the | King’s Bench have @ power to prevent ex- ‘cesses of jurisdiction in Courte, yet they

becazse that is a Superior Court; and a | prohibition was never moved for to the Par- liament.’ Jb, Citing 2 Lord Raym, 1105.

‘+ ft is laid down by Hawkins, that ‘there | can be no doubt but that the highest regard | 18 to be paid to all the proceedings of e:ther iof these Houses — meaning the House of

| Lords or House of Commons—and that wher-| and their liberties from your Lordships ar-

lever the contrary does not plainly and lexpressly appear, it shall be presumed that | they act within their jurisdiction, and agree

0| BANK BUILDING, QUEEN STREET, ably to the usuages of Parliament, and the | the following resolutions were reported—

| rules of law and justice’ Jd. Citing Pieas

aaa i 4 : of the Crown, ¢. 15, 8, 78. | wits: that the authority vested in the Ad-

| & Aud Lord Chief Baron Comyn, following | the epinion of Sir Edward Coke, affirms that ‘all matters moved concerning the Peers and Commons :n Parliament, ought to be deter- | mined according to the usage and customs of | Parliament, and not by the Law of any in- | ferior Court.’—Jb, Citing 3 Digest. Parlia- iment G. I. | «¢That though the Lord Chancellor and | Judges are competent judges in there Courts, they are not so in Parliament.’

‘That it should be entered in the Journal is only ministerial and not j dicial, in lke

i : BSSe of the House.’

| places which may be sv vacated, as aforesaid,’

aie

‘ig agreeable to, and cannot lessen their an- | direct violation of one of the most sacred and In this case the i mee hae and un-

cient right), had never been made.’

| «¢¢For it is the ancient and undoubted right of the Houes of Commons to commit ‘for breaeh of privilege ; and the instances of their cotamitting persons (not members of | the House) for breach of privilege, and that /to and of Her Majesty's prisons, are ancient, \60 many, and go va known to your Lord-

F POLITICS, LITERATURE AND NEWS.

when Freeborn Men, having to advise the Public, may speak free.’---Euripides.

| valuable of the privileges of the House. | Resolved furthers that in order to assert ‘and maintain the undoubted right and privi- | lege of the House, this Committee is‘of the | Opinion that the said Peter Sinclair and David fer being the members returned, by the said Sheriff should be immediately summoned | to take the oaths, and their seats, as the Re-

iships, that the Comuions think it needless to | presentatives of the First Electoral District of

| produce them. | #6**And it being the privilege of the House

Queen’s County—and that the sail House should afterwards proceed to determine the

n of Commons, to have the sols examination | validity or invalidity of their election in the lof the Courts in matters of Privilege: ‘This | and determination of all causes relating to | proper constitutional way.

toeir elections, as aforesaid,

‘causes to the determimation of ary offer Court isa breach of the privilege of the House of Commons, for which the person | offending, may be committed by the Com- | mons.

| «é¢ And here, we cannot but notice of that ‘unreasonable, as well as unnatural inginua-

‘separate the inierests of the people from their Representatives in Parliament; who pretend to no privileges, but upon their account and

| for their benefit, and are sorry to say, they

‘are thus severely reflected on by your Lord- ships, for no other reagon but for their inter-

| posing to prevent the rights of the people,

_bitrary determinations,’ 3 Hats, Precd. 313. | The Report of the Committee baving been | referred to a Committee of the whole House,

| 1. Resonrvep, As the opinicn of this Com- /ministrator of the Government, by the Co'-| onial Act of 7th Will. 4th, 2p. 13, whereby it is enacted, ¢ That it shall be lawful for the | Administrator of the Governwent for the time being, and te is hereby required, within seven days next after information thereof, shall be by bim received in writing, under the band of the Speaker of the House of Assembly, to issue a Writ for the election of a Member or Members, to fill the place or

manner as exercised by the Clerk of the

} **That the first election is good; and | that the knights then chosen, were received |and allowed as Members of the House no: | |} out of any respect the House had or gave to {the Lord Chancel'or’s jadgement therein passed, but mere'y ty reason of the) resolution of the House itself, by which | the said election had been approved,’

giher That there should be no Message sent : to the Lord Chancellor, nct eo much as to let bim know what was done therein because it

DP pay | 8UN| SUN | wits as inal Me a1 WEEK | rises wots | ick [oeo [Ds [3 > Commission Merchant amd was derogatory to the power and privilege of | a a 5 a sake ana AUCTIGYEER, the sa.d House” | its Speaker, in vacation. l,l gk ml) wl mm QUEEN SQUARE, “ ‘It also appears, That Sir Edmond An- rials = aid 3G) 2G! 5 4911059) aida. derson, Lord Chief Justice of the Common 1 Wed|5 4335 4312 36 264 i CHARLOTTETOWN, P. E. ISLAND et 2 Thur 4ii 45/12 24, 359) 6 4jl1 2 on = * Oe ee | Pleas, was acquainted ‘ Tnat the explanation | 3. Frid 39 4612 M1) 44m 749) 5! Ye | and ordering of the cause appertained only | qight virtually dis'ranchise any D striet or 4 Sat 37 43'1 53) 534) 342) 9) , | to the censure of the Hcuse of Commons, not | 5 Sun 36 4ylil 44, 6 x 9 37/1012 < to the Lord Chanee!llor and the Judges; and | 6 Mow 34 swt . rise tv rr - % that they should take no notice of ther| 4 Tues 32 Sit 6} 6 37/'t to >| “ a having done anything in it.’ B Wed} = 31) SANE A} 75] Sa, 2H A. HERMANS, ce Repordicaly, ate” ‘Seliibd “una” Bab | 9 Tour Sy SHLD 46} 9G} oven) BF . . Gresham were received into the Houee, ani | es Fi ALO 3 2% 26! . ; ’ so pos} od salle alivgd $24 3h) Ball Hanger, Gan and ‘Tin Smith, 00% the’ cotne; peng ‘saontior onty ‘epom| Ginmtnittee wer eaetr & 2) Sun 23 57| 0 58) Morn} 2 541134 nis sere | the conan te of the House, not as allowed by | .s.ential to thedue maintenance of the Preroga- a2 Mon iy Sx 9 44.052) 349) 3b Dorchesier Street, | the Lord Chancellor or the Judves; and 80 | ¢ ve of the Crown; nor is it requisite in pre- 14. Tues 17] 599 2H 2 4) 445) 42 (Next to ¢¢ Examiner” Office.) ordered to be set down and entered by the | 15) Wed | 15/6 | 9 83 6 557) 46 ot : , Clerk.’ 16 Thur 14) “38 604.47 ei 48 ggecs to gerne his heen to the geners) | ‘++ And this rightof the Commons to deter- | 17 Frid 13 38 «33 450) s 16) 50 public forthe liberal patronage extended; mine their own Elections bas never been | -pyjs ; feel t 5e 13) Sat 1 4,3 15) 5 15) 9 16! 53 to him since hiscommeneement in business, disputed since the case of Sir Franes Good- ee ere ees ore 19) Sue { 9 5 7 Sel 55010 3156 and asks for a continuance of the same. He wyn, letJac., 1. when the Lords would have | a — 9 2 7 . oe, 3ii2 2 | ceeps constanty on hand inquired into the proceeding of the House oi | 6 ues o 4} @ + ” ~- oe n e on phantiry he C | 22) Wed 3) 67 417 5aldorn) = 5 A meat Assortment of re ee bth ye ae ve 23) Thur i} 9 6 46 855,019 8 pevwepe KapoHEN UTENSILS ee ee ee ee noe 94) Fnd > £9 11, 6 28949) 047) 11) TINWARE, hit HEN UTENSILS stand with the honor of the House to give 25 Sat 5H 12| 6 im HL} 14] & & & aceount to their Lordships of any of their 26 Sun 5613) 5S SNN1 59} 2 412s7) — es =< le proceedings or doings,’ 27' Mon a4 15, 5 32\Morn| 243) 21| ALL ORDERS in the above BUSINESS! ‘+ And in the reasons of their proceedings 23 Tus 52 16\ 5 14] 057| 3 26) 24 | will be punctually attended to. in that case, which they laid by Petition 29 Wed 6u) 17, 4 55) 152} 4.15) 27) Having lately made large purchases in the| before the King, among other things they, on of the Government 30) Tour 43 19) 4 37) 242, 5 © 31 | Cheapest Markets, intended for House Builders,| «ay, *They are a part of the body to make | ration OF 6o6 \s0 . 30) fri 45) 214 1% 326 6 S' .)| auch as new laws; yet for, any matt-r of privileges

of their House. they are, and ever bave been, a court of themselves, of sufficient power to discern end determine without the Lords, as the Lords have always used to do theirs with- out thm,’

‘¢¢In which reasons, as well as im their apology afterwards to that Prince, tre House | of Commons did above a hundred yearssince so clearly, and” with £0 much strength of reason, asgert their rights in the matter of the election of their members, that the Com mons thick it their duty to resist all attempts whatsoever to invade them,

“+ And upon this oceasion, it may not be improper tu cite the opinion the Llouse of Commons had of the J dges intermedfiiig in matters of their Elections as they have de- livered it in the aforesgid apology in these words. ( videliwet):

+ Neither thought we that the Judges’ opinion (which yet in due place we greatly reverence) being dejivered with the. common ‘aw (which extends onl: to inferior and staud- ing couris) ought to bring any prejudice to this Iligh Court of Parliament, whose power bein. above the law, is not founded on the | common lawe: vut they have their rights and | privileges peculiar to themselves,’

«© When the Earl of sha'tesbury was Lord Charcellor, Writs issued, during @ proroga- tion of Parliament, for electing members in the room of those that were dead; the King himself was so cauti_us, as to the regularity of this proceedings, ard bad so much re- gard to the privileges of tie Huuse of Com mons that, at the next Session of the Par- lament, 5th February, 1672, he spoke to the Commons from the Throne, :. these words: “One thing I forgot to mention whien happesed during.this prorogation, I did give orders for the issuing of some writs for the election of members, instead of those that ate dead, that the House might be full at their meeting; and | am mistaken if this be not according to fermer precedents, But | desire you will not fail to other. business till you bayeex.mined that particular; and I doubt not bai precedents will justify what isdone. I am as careful of all your privi- leges as of my Own prerogative.’

“Sixth February, 1672, the House of | Commons took that matter into consideration; | and several precedents being cited, and the matter at largedebated, and the general sense

the continuance of the High Court of Parlia- ment, the right and power of issuing Writs for electing members to serve in this House, in such places as are vacant, is in this House who are the proper Judges sigo of elections and returns of their members. Thereupon t was resolved, * Phat all the elections upon the writs issued since the last Session are void; and that Mr. Speaker do issue out his warrant to the Glerk of the C-own, to make out new writs for those plazes.’ Which was done aczordingly.’

+ *No other Gourt than the House of Commons hath ever had the,determination of the elections, or any cognigence of such causes, except where by Actes! Parliament directed. And such an action as those against the late Constables of Aylesbury, to bring the right of yoting im an election in question in the Courts of Law, isa new in-

| being no Cerk of the Crown in Chancery

| whilst in Session and delegated by the said

‘tion to the proper and constitutional adminis

Crown in the English Court of Chancery, whose duty it is to issue Writs of Election upon the Warrant of the Speaker of the House of Commons. In this Island there

the Speaker’s notice is therefore d:resied to the Chaneellor himself to perform a mere ministerial act in causing the Writ of Election wo be issued from that Court; the judicial 1uthority being vested in the Houge alone

Act only to two Members of the House, and Were the judicial power of dete mining what shall constitute a vacancy in the liowse, conceded to the Ad minietracor ef tae Government, the Crown

Lown, as is Dow done with reference to the First Electora! District of Prince County, as oftenasava-ancy m ghtarise,and thus deprive the people of oue of their dearest and mos’ valued privileges. that of being represented in Parliament. Nor does it appear to this power is et ail

venting an undue exercise of authority by the Commons, which the Crown has at al. times in its power to control by a dissolution.

on to defend. nor tu express’ any opinen, at this time, on the policy of the Act requiring Members of the Assembly to vacate their seats, On the acceptance of a segt in the Executive Council, further than to estate that the House would have no objection to take into its consideration the expediency of repealing that part-of the said Act, should it be found in practice to present any obstruc-

But the Repre- sentatives of the people cannot permit a pri- vilege so ancient, and so essential to their m- dependence as a co-o:dinate branch of the Legislature, as that of determining what shall constitute a yaeancy in the seats of its Members to be wrested from them by a bare opinion of the Law Officere of the Crown, whose authority or juri-diction in matters relating to the right of persons to sit in Parliamect, or that of the bighest Law Courts, have never been recoznized by the Constitution, nor allowed by the Commons House of Parliament of Great Britain.

2. ‘Resonyen, That the foregoing Resolu- tion, together with the Report oi the Special Committee appointed to search for Precedents; as also a copy of the Hon, the Speakers letter to His Execelleacy the Lieut. Governor, re- questing @ Writ ot Election to be issued for a Member, in rcom of the Hon. James War- burton ; and of His Excellency’s letter in re- ply thereto, be communicated to His Excel leney the Lieat Governor, together with an Addrese from the House, praying that His Excellency will be pleased to transmit the said documents to the Right Honorable the secretary of State for the Colonies, for the consideration of Her Majesty’s Government.

Now, Sir, in that case, the House emphati- cally asserted the pringiple that the decision of its rights was exclusively vested in them- selves, and are we now to submit to the dicta- tion of any government ina matter of this pature. I uow submit the following Resolu- tion :—

Whereas, it has long since been established as the undoubted and sole right and privilege | of the House of Assembly, to examine inte | and determine upon all questions affecting ins | own members, or in any wise relating to the | legality or illegality of their returns as Ke-! presentatives.

And whereas the infringement of such right and privilege by any body or person would prove dangerous to the independenc. of the House, and might be used to deprive the people of one of their direct and most valued privileges, that of being represented in Parlia- ment.

And whereas it appears from the records of the Court of the High Sheriff for Queen's, County and the Return of the said Sheriff, that after having held an Biection, in the First E'eetoral District of Queen’s County, the said Sheriff did, as by law directed, pro- claim Peter Sinclair and David Laird, as having the majority of votes, to be duly élected members, to serve in the said General Assembly of the Island. And did afterwards Return, that they bad been elected as the Re- presentatives of the First Electoral District of Queen’s County.

And whereas it farther appears, that the Crown: Law Officers did advise the Lieutenant Governor, that no legal Return had been made by the said Sheriff, and in accordance with that opinion, the said Peter Si-clair and David Laird have not been summoned to take their seats in the presett House of Assembly,

Thevejore Resoived as the opiniop of this Committee, that the authority vested in the Administrator of the Government, by the Government, by the Cclonial Statutes, and the Common Law, is pur ly ministerial and net judicial, sad gives him no power or ight | to determine the legality or validity of any

vention, nev of before; which (as new devices in the Law are generally attend- ed with inconveniences and absurdities) was plainly to subject the elections of all the members of the House of Commons to the determination of other @oarts,’

4¢¢This ondonbted privilege and jurisdic tion, the Commons-th nk, will warrant these

Return made by the Sheriff, of members to serve in the House of Assembly, or of what

Hon. Artrorney Gengrat.—Last night,

‘* It follows that any attempt te draw such | Mr, Chairman, the hon. member declared that | cffering a few remarks upon the question he Deeiaration of the

it was monstrous that Mr. Cameron had not been retirned Now he comes, armed with his brief, and has treated us to a long dis- eussion of legal principles. There is not one of the cases he has cited to which I do not give my heartyassent. I want no stronger justification of my argument and the action of the Government in the matter of this elec tion, than the authorities he or kis friends have kindly addueed. The case of the Hon.

Mr. Warburton, in 1848 supports my view | to be owing to the

7 =>

[NO. ll.

~ ae t

: ' course he pursued acted the pa - equivocal, but in thatof the one before the server of Dictenadaes nahi: of the committee the High Sheritt of Queen’s House of Assembly and of the peo le, for County returned the facts as he found them | which he deserved their thanks The quent ation on the Poli Books, but made no positive might indeed be raised whether Mr. Laird’s return of any candidates, Nodoubi Sheriff return was legal or not, but the responsibilt MeGill availed himself of the advice of able of proving that did not rest with the Licet, nan om did re \~ aone 80, and re- Governor, who only did his duty when he turned the special facts and circumstances so took the opini

vom — ba ar be dealt with hereafter, and , Crowa ema oa eae noo e (Mr, D.) thought that hon, committee) Hon, Mr, W F would see that those faets had been sent to which outst Saunt dak a ae the proper tribunal to be disposed of, In pancy exisied between the Writ and the High ‘Sheriff; nor why that officer was

Sa anne anaes asienalieanantinenaasdaeiairantit--aeeeene eee

rsemp werely ener that it did not appear could de understand that any interference with the electors had | i

taken place, They came to the polisand re-| on rece my “Be (tion “ue, Wa : corded their votes as they thought proper. /man) in order to be fully sutisfied on a The offivers had ali been sworn and every- point, would like to bear why that cfh ,

| thing done as the Statutes required except | Return, with the Writ <a ferent fro ; ithe slight informality of the Returning his declaration. In lookin t the Poll | Officers and Poll Clerks omitiing to sub-| Books it was clear that stb Ghahned had | scribe the oaths, and that omission appeared | a jess number of votes than Mr Sineiai ‘set that those officers) but’ more than Mr, Laird; acd if the

of the matter in the clearest manner and his/ did not seem to know that their signatures | wishes of the people were to be consulted ,

numerous quotations adduced to prove the power of Pzrliament, though not required. L can supp'ement by one which he omitted, [t bas been stated by high legal authority, that Parliament is competent to do any- thing but make a man a woman, ‘The’ letter of the Lieutenant Governor manifests the highest degree of respect for the privi- leges of Parliament, and how His Honor could manifest his sense of those privileges more decidedly than by referring the whole matter to this Elouse, | am at a loss to) conceive, All authorities eoneur to justify the course pursued by His Honor. The Government, and boo, members who sup

port it, are anxious to settle this question

and would have done so ere this, had they not been thwarted by the hon. member. As to the case of Hon. Mr Warburton, in 1848, it must be borne in mind that at

that time party feeling ran unusually high, and I have always considered the trane- action to which I have reference as being the most Tory act tobe found in the records of the Conservative party. But

Sir, I will axk the Hon. Member for Bel- fast, bow. with professions of bis geal for political liberty on his tips, he dire advise or approve of the disfranchisement of the

people? 1 recollect quite wel!, how, on the day of Declaration of the Polls in Char-

otierown, that gent'eman’s bosom seemed

to swell with patriotie ardor, as he de- nounced the Sheriff for baving, by his procia- mation of Messrs Sinclair and Laird, dis- franchised the electors, The facts of Mr.

Warbuarton’s case are briefly these. The House of Assembly having declared bis seat

vacant, Sir Donald Campbell, then Licuten- ant Governor, took the advice of the Law Officers of the Crown, and in accordance with their opinion that the seat was not va- cated, declined to return the writ. But the Llouse, in the exercise of its undoubted

privileges, decided the matter, In that

ease the House requested the Executive to. interfere, and the request was not complied

with. In the case before the Committee,

has any request been made to the Govern- ment, and been refused? If there has been,

I have not heard of it The bon member

well knows that there is nothing of the

kind, and vow io the interest of a dis- appointed candidate, would fain have Mr.

Laird and his friends to decide the case

[he Government and their supporters are

on the side of liberty and popular rights, and

it His Honor the Lieutenant Governor bad

been induced to issue a writ for a new

eleetion,* the object of tke hon, member | wou'd have been gained, and loud and long

would have been his denunciations.of the

outrage committed upon the privileges of the people, 1 am at a loss to discover how the! Goverament could have infringed the privileges of this House by not returning those whom the Sheriff bad not returned,

[ repeat, Sir, that unless there were an un- equivocal return, the Lieutenant Governor had no right to act otherwise than he bas done The Sheriff’s return is before us, for | us to deliberate aod decide upon ; in fact, to act judicially in the matter, Had Mr

Laird’s resignation beea accepted, His Honor would have been exercising judicial

tuncticns in a case where his official cou- duct should be only ministerial. But the in nd of the hon member is 80 prejudiced that he cannot believe that any good can come from his political opponents,

Hon, B, Davins did not, ia 1849 join the Governmert of the Hon, Jo-eph Pope, but tha: gevtleman united with the Liberals, and | gave them, by his ability and experience, much ya'uable gid ia cbtaining Responsible Governmént and be(Mr D.) was glad toac- knowledge it, for he doubted not but that Mr, Pope at that time felt be did right.; and any man who left the wrong to follow the right deserved credit for so doing, He thought the learved Attorney Genera! failed to prove the charges he bad made against him (Mr D.), or to. shew that the Government, in the course it pursued, had done right, or that it had any authority to interfere with the privileges of the House of Assembly, He (Mr. D.) felt be had only discharged his duty as a representative of the _ people, which was not a pleasant one, and Maving done 60 would leave the matter with that hon committee to be dealt with as it might see fit,

thereto were required, Looking, therefore,' that hon. Commi

at ail the facts and circumstances he thought | firm the diene ieten ne pwins Mersrs, Sinclair and Cameron should take admit Messrs. Sinclair and Cameron to their seats. In his (Mr. D.) case the fec's| their seats, But kow was that bon. Com- were different, Some electors by their own enlenne to resoncile « descrepane which act distranchised themselves, There was! the Sheriff alone could dealin tiaiads not the slightest analogy between the two! had been made to the election which took

eases, It was certain that Messrs. Sinclair and Cameron had a clear majority at the Polls. He was free to admit that if all the special votes inhis case had been put in, Mr. Dodd would have had a majority, bat. if certain. parties disfranchised themselves it

consideration. ;

Hon, Arrorwey Genrrat,—The hon. member for Belfast attaches much import- ance to the preclumation of the Sheriff on

was different from that of the case under |

place in Georgetown in 1852, and they had the opinion thereon of the ablest men the Isiand then bed, some of whieh te-would read, as the cases were to # great extent similar, The Hon, Mr, Palmer on that | occasion moved the following Resolution, Resolved That the presiding officer at the Poll, held on the 9th day of December last, for the eleetion of a momber of Ac- sembly for Georgetown, having omitted to take the oath, preseribed by the 39th sec-

Declaration Day. in which he stated that | tion of the Kleetion Law, in verification of the Hon Peter Sinclair and David Laird, | the correctness of the Poll Books, therefore, Esq.. were returned, but thathon gentleman that the return made by the Sheriff of shoud reeollect that that declaration formed | King’s County upod ghe Writ issued for no part of the Sheriff’s return with the/ the said Klection, whereby Roderick Mac- writ, and were that hon. committee to attach | aulay, Esquire, was deeiarced duly elected, that declaration to the return it would only | ie not valid is Law; and that anew Writ make matters more complicated. The should issue for the return of a member of Sheriff’s Declaration Book is not required | Assembly for Georgetowa aforesaid, in, the by law, it waa merely a private record | place of the eaid R, Macoulay, squire, which the Sheriff kept for hie owa eonveni-| In his speech in support of the resolu- ence, That committee cowid be guided only | tion, Mr. Palmer said:

by the return with the writ The law re-| « The only thing forth quired that the returo should be absolute | thought, poem ae and unequivocal, All the principles io the a very great and serious omission—and the Resolution he (Hon. Attorney Geners!) ap- omission to seal up the Poll Booke as ¢'- proved of, as no person had a right to in- rested by the law, were sufficient to in- terfere with the rights of electors, but it | validate the Election, He would def would be well for that hon, committee to| one to show by the Act that the hed take under its favorable consideration the) ought to do what the Sheriff had impro “a bint thrown out by the Hon, Leader of the ||y omitted to do, All that ‘han bad Government, and ayoid vie ving the question power to say ne tie he had aie nis asa party one. He(Hon, Att’y Gen.) had duty; und that consequently the. eleotiog too much faith in the good seuse and intelli-| was yoid. With respect to the allegations geuce of that commitiee to suppose it | setting forth the om:ssion of the a b would view the remarks of his hon. friénd | the presiding officer and the neglect - (Hon. B, Davies), otherwise than as an et- | ea) the Poll Books ‘be admitted ‘het an dorsement of the remarks made and view | of them if true, aoa sufficient to seunlidedn taken of the question by him (Hon. Attorsey | the election ; and with respect to the last General), of them. he freely admitred that what Mr, Hon, Mr. Canceecx said the return under Coles had said was quite correct, for if the considerstion came b fore that hon com-| Poll Books were in the possegsion of the mitiee accompanied wiih certain documents, | Returning Officer, unseaied, for ever #0 and in referring to those the Hen. Attorney short a time, a falsification of them was General alluded to the one sign d by him- | pogsible.’’

self (Hon. Mr Callbeck), and his hon. . 8 friend, Mr, Davies, ii a manner which was ahem oe el > Sesh he thought unnecessary. ; was expres?. The omission was of itself _ Hoo. Agtorney Generay bed said that! soficient to invalidate the Re'uro With if those two honorable gent!e:nen embodied | respect to the sealing of the Potl Book in themselves the powers of the Legislature ihe jaw was equall site ress Th ~ they might decide that Mr. Laird had bad) gon enn aoe ieee of innelf soul a seat in the Legislature, and consequently gicnt to set’ aside the whole proceedings. had a right to resign it. It would be lest he thought, to take up the Hon. Mr. Catteuck presumed the IJs-| matter in 9 Committee of rivileges, and if dander w:s the organ of the Government, | prosecuted and decided Ssead without and it recognized the fact that Mr, Laird fayor of affection, their ore s would had sent in his resignation, He (Hon, Mr, give satisfaction to the friends — both Callbeck) was not aware of the step Mr, parties, If the Poll Books prove the a! Laird took until after be had sent his re- legations to be true, the ares will oo

signation ing A document was brought to euffio: nil : bim (Hon Mr. Calibeck), signed by the po ee or nee: oe

jon. Mr. Palmer, for his(Mr. C) signa-| il

ture, and as he (Hon, Mr. Callbeck) was M - a .¥ opinion also of the Hon.

then under the impression that a protest /.'; “@¥ae than, ‘whom sone stood higher, who declared the election was ic-

under similar circumstances had been en, : a : tered against himself he did not like to add. validated by the officers neglecting | close the Polls according to Law.

more disturbance to the troubled waters, yet

on reflection thought it would beacowardly| Hon.Lxaper or tus Governmest.—That act on his part if be should refuse to die #8 not a legal opinion.

charge a public duty, but did not in doing} . Hon. Mr. Wicuraan.—It was never- so think otherwise than that Mr. Laird bad theless a correct one. The election under a seat to resign inasmuch,as op Declaretion | consideration was just as much jnvalidated Day he heard the High Sheriff prociaim him | by the omission of duty on the part of the elected, and considered that Mr, Laird im kieturning ( flicers as the Georgetown one resigning had only exercised a privilege was. Believing that Hon, Bir Sinclair which he then had. nor was he (Hons, Mr.| bed @ clear majority of votes regarded in Callbeck; ashamed of what be ‘bendid. It his favor ne saw no reason why be shouid did appear to him (Hon. Mr Calibeck) that | not be allowed to take bis seat. As for the Sherif’s proclamation was, whea made, Messrs, Laird and Camerop, they had the intended to convey what it stated, viz:— | opinion of the electors op the Poll: Books “That Mr, Laird was elected to a seat in and that of the Sheriff with the Rerarp, this House’ Ii had been asked how cou!d and the question was between thems and it Mr, Laird come then betore that committee was for that boo, Committee to say which as he had resigned his seat? Buthe(‘ton | should be admitted,

Mr. Cal-beck) thought, in a cer‘aia sense,| [ion B, Dayaes was glad to bear tt

Kon. Mr Sinclair occupied the same posi-' tjis Honor the Lieut. Governor bad prc tion, for it could not be shown that the re-|tected the constitutional rights of > the turn for the First Electoral District of fouse of Assewbly, but was not disposed

? ’ f : : :

Queen’s County was 2 proper ond, therefore | to think the Government did so, aor should be must sey the Government, in b's opinion, that Hon. Committee submit ‘o such inter- iadopied the proper course when it reserved ference with its prerogatives, He could the matter for the oply irtbunal to decide | .,o¢ but notice how carefully the Hon, A‘- that bad a right todo so, It wastheduty torney General had avoided the points to

Hon, D Davies wou'd, as the document was at hand, for the purpose of comparison read the return made by the Sheriff o! Prince County of two members, and contrast it with the one before that hon, committee The Sheriff on the back of the Writ says:—