’ " ‘a- swan. l<,' -t:v._..._.

-s--.-_.-‘

3 I

O

list Bill of last year, to provide fiir the continuance ofthe Sovere'ign’s title in the Crown Lands of this Colony, shall receive our earliest attention, in order that so important a measure may receive the Royal allowance.

We regret to learn that Her Mnjesty’s Govern- ment have not yet seen the necessity of leaving the One-ninth Bill to its operation, inasmuch as further cases have since arisen calling for Legislative inter- ference on the sulfiect of that Bill, and clearly de- monstrating the eqtiit and utility of the principle it sought to establish. The inconvenience and dilliculty arising from that uncertainty, which cannot fail to be felt in the absence of such a Bill as the One-ninth, might, indeed, have been obviated, had the other Brunch of the Legislature, on passing so important a Bill as one to regulate the Currency, also defined, by

Statute,tlie just and equitable provisions so necessary on such an occasion for all the existing contracts _and dbligations according to the established ractice, 'custom and usage of the Colony, as the ouse of ~Assembl were anxious they should do, when the Cur- rency lpassed this Branch of the Legislature in 1819. The assurance that your Excellency will af- ford to Her Majesty's Government proof of the neces- 'sity for legislating on the principle of the One-ninth Bill, is to us a gratifying guarantee of your Excellen- cy’s desire to promote the interests of the Inhabitants of this Colony, and we confidently anticipate that such proof will be the means of the Royal allowance bcin yet extended to the Bill.

Vi¥hen the Public Accounts shall be laid before us, we make no doubt that the state of the Revenue will alford us much satisfaction, and this satisfaction would, we are sure, have been greatly enhanced, had it not been for the unusually early setting in of the Winter, and closing of the navigation, by which several ves- sels, laden with dutiable cargoes, were revented from reaching their places of destination in this Islan . '

We will cheerfull make suitable provision for the maintenance of the Public Service; and, in doing so, it will be our earnest endeavou to keep the expendi- ture within the limits of the Public Revenue, so that the Government may be enabled to place its financial operations on a firmer basis than that which has hitherto prevailed.

Our best attention will be given to the considera- tion of any Bill which your Excellency’s Government may submit, having it tendency to improve the opera- tion ofthe Courts for the recovery of Small Dcbts.

Fully sensible of the immense advantages which would result to this Colony from Reciprocal Trade with the United States, we feel grateful for the inter-

‘T

Ir. Icons 's motion was accordingly whbdruwn. Tbs quastidn be’ then put on the motion tllu C010‘- tht the Rs t of t a Committee be agreed to, n was nrrtsd.

blr. HAVPfl'.AND then movsd—“ Resolved, 'Ihut the were of tho Co|||n|i|[a9Q ha continued and extended with the view sasbltllfl them to engage an Assistant Reporter." lotion agreed to w|ll|°|“ opposition.

Ti-ruusruv, 29th. ‘ The House having gone into Committee of Privileges of Elccltotli after some time spent therein. the House was resumed, and I following Resolution proposed ad moved in the Cotiiiiiittee by Mr. Palmer, was re ed and unanimously ado ited. " Resolved, That it is the opinion of the Ceiiiniittee, that the Presiding Otlicer at the Poll held on the ninth (in of December last, for the election of a Member of Assembly or Georgetown, having omitted to take the Oath prescribed by the 89th section of the Election Law, in verification ol'tlia correctness of the it and therefore, that the return made b the Sheritl' of King‘s Coun. ty, upon the Writ, issued for the cal Election, wlierehy _lltltluI'lcR McAulny, I-‘.squira, was declared duly elected, is not valid in law. and that a new \Vrit should issue for the rsturii of ii Member. of Assembly for Georgetown, aforesaid, in p'tics of the said Roderick 3lcAula , l.sqiiiru."

Mr. bl'I£AKER was then instructed to notify His Excellency of the result of the investigation, tli.ita new Writ might be issued forth- wit

Thursday, January ‘39.

House in Committee to investigate the allegations contained in the Petition of Martin Byrns, Esquire, against the return of Rode- rick M‘Aulay, Esquire, as Member of Assembly for Georgetown.- Mr. Thornton in the Chair.

The Petition having been read. .\Ir. MACAULAY rose and said —As regarded the Petition itself it mi ht be partly true, but he was positive it was also partly false. Phat part 0 the Petition, wherein it was stated that Mr. M'Ciillum had refused a scrutiny on the second da after the election, was positivel false. This statement he ma a with a perfect consciousness o its truth and with a full assurance that he could prove it to betrue. As to other matters, set forth in the Petition to detail, he was _not l.iwyc_r enough to be able to ca whether they would be sutlictent, even if substantiated, to invali ate the election. Reference was made to Poll Books in the Petition, and it was stated therein. tbattbey ha not been scaled before they were delivered b the Poll Clerks to the Returning0tlicer, as was required b the E action Law. ow, the fact was, that there was on y one oll Book—not Poll Books. That was sufficient to shew that the Petition had not been drawn up with much attention to accuracy as respected facts. The hon. member then roceeded to observe that he saw around him, on both sides of the House, several gentlemen with whom he had formerly associated in the legislature; and that, frotn what he knew of them in time past, he was led to expect that uprigbtness of urpose and wise consideration would characterize their pro- ce ingvi touching the question then at issue. Whatever steps they should take with respect to it, he was satisfied the would be taken independently of party consideration, and with fu I indepen- dence of judgment. However, he wo ms is one observation with respect to an opposite mode of proceedingzshould it dominant party in a Legislature, in which the people |i:id the uncontrolled choice of their representatives, exercise their power to set aside the rights of parties who came before therii, from the time oftlieir doing so, they might date the coinnicncenu-at of their downf.ill. The abuse would work out its own care, (Hear! from Mr. Douse.) He did not express these sentiments with the intention that they

cat which your Excellency evinces on that subject; and we are rejoiced to learn that the correspondence has been renewed, under your Excellcncy’s ad- ministration, with Her Majesty's Government, in Britain, with the view of abrogating the Treaty of ISIS, which prohibits others than British subjects from prosecuting the Fisheries of the Gulf of St. Lawrence, at a less distance from the Shore than three miles, in order that the citizens of the United States, who are fully alive to the value and importance of our Fish- eries, may enjoy the uncheckcd privilege of prosecut- ing, in common with our own people, that great branch of trade and industry. But whilst thus desir- ous of strengthening the bonds of amity and friendship between Her Majesty’s subjects in this Island and the citizens of the United States, we have it right to ex- pect concessions lrom the Government of that Country, in respect to a removal of restrictions upon Trade be- tween this Colony and the United States, fully equi- valent to the advantages we are disposed to surrender. But should the policy of the American Government be opposed to the granting of any such concessions, and ourjust and reasonable expectations left unsatis- fied, it will then become our duty—and one which we shall labour zealously to discharge—-to invite British capital and enterprise to our shores, and to afford them every encouragement and protection in our power, for the purpose of ttirning to account that im- mense source of wealth and prosperity which lie hidden in the waters that encircle our young Colony.

In conclusion, we beg to join with your Excellency in the hopepithat the blessing of God will attend our 'oint' endeavour to romote the welfare and prosperity of this Colony, and, the happiness of its people.

( it in r i. r : Mr. Speaker, and Gentlemen of the House of Jssrmbly;

I think you for the Address, and feel gratified that you concur with me generally in the views which I considered it necessary to submit for your consideration, at the openin of the Session, on topics of great public importance. t will, _assura you, be no less my inclination, than It is in duty, cordially to coopertili: with you in bringing to a favours a termination such measures as may tend to oinots the prosperity of the Colony, and the lisp- piness ofnll e asses.

Wunnrsnsr 10.

Hr. SPEAKER laid before the house the Im t Accounts for Csseum c. Referred to Committee on Public ccounts.

The allowing Bills were read a lime. wmlnillvd. "nort- sd agreed to, without amsndrrie_uts, and ordered to be e .

Bill to continue the Act relating to the Ilo-tI't|In|l:‘lL:I‘>III III]. I-03!.

&e., down the rivers and lesser strssnis is - Seaman's Bill.

D and Tcmt Bill.

Hon. Mr. COLES presented from Mr. C. II. Bagstsr. I work en- titled ‘Historical bony on It char-ta._' with s f.-st-usulo of ttsgiia Charts, as a t tat ' nv-_ Library. Drdnrod. that the present he acknowledged by a complinicatsry Lsttss from the Clerk to Mr. Bagster. _

Mr. CLARK presented I petition from Jim. Gillaadsrs. Touch-

sr. . Refsrsd to the Coinniittss appointed to consider the Petitions of snlicanssd Teachers.

AFTERNOON SITTING. Hon. Mr. WABBURTON presented a Petition in favour of Free aestion. from Let It; and Ir. FRASER presented a similar one from Oystsr Cove. Its- D Committee on Free Education. ‘ Han. Mr. WAIIBUI N prassstad tlis linpost Accounts for DHsistsf0rwsll Bay. for quarter ending Ilst Dscatubur, IBM. Isfsrrud to Committee on Public Accounts. REPORTING. Ilsa. Mr. C0"Il._ES, from the Commtu raagsisisnts in cranes to report uuulud the fsllzgiug Report I“

appointed to nialrs ar- tsp of the House, pre-

;and year Osuimitteshzhlsirsfiws rsssvur A-tsust lepsvtsr be by t ours." “Tbs Iepsst baring bssamdllsa. Ir. Cslss moved that it be

. hstbs bsrsfsrrsdbsktotlis lrDAVlllmuvsdtt lspsrt h e an

flq.:.P.0PI:svslthsstus|ss.usdsr.Is.Isssry.hsvs :hvfibssaputsalr.Psps's-aha. the Basra

should be applied to any party or individuals _in tlie_Ilouse; for he believed, that, with respect to the question at issue, every member in would exercise an inipartial and independent judgment. Should they however err in their decision their sen- tence would be revised by the ple, who would not fail to assert their privileges. He was not inclined to say much at that stage of the proceedings. He would merely add that he believed he had a eonstitutioiinl right to the seat which be occupied, . ause he held it in virtue of the free choice of the people; and that the Petition contained a gross falsebooil, inasmuch as it set forth a charge, criininritory of the Returning Officer, for which there was no just foundation whatever. He would leave the matter with the Coiiiriiittce. lllr. PALMER reviewed the allegations set forth in the Petition. First, be said, it was set forth that t e Returning Oflicer either refused or evaded a cninpliancc with the demand for a scrutiny made by the petitioning candidate. or his friends for him. In the second place, it was alleged that the Returning Otlicar h omitted to take and subscribe the Oath prescribed by the ' Law, before returning his precept. The third allegation was one of a similar nature. It was that the Poll Clerks had not scaled up the Poll Books before delivering them to the presiding Otlicer. \Vitb respect to the first allegation, he did not think it was in the power ofthe House to comply with the pro er of the Petition, as urged with reference to it. Under the old leciion Law it might have been competent to the House to enter upon a scrutiny; but they had not that wer under the present one. The present Election Law prescribes plainly the mode of conductinga scrutiny when demanded by it complaining cnndidiite. It prescribes that the scrutiny shall take place before the sherilf, and it points out the time and place. It constiintrs a regular court for the investi- gation, and appoints the Slierilftlie Judge, and only Judge therein. He could easily imagine that the l.i-gislnturo in constituting such a Court was actuated by reasons founded in good sense. In the mica ofa scrutiny being ileriirindctl at the close of ii county elec- tion, when there might be four or live hundred votes to he scrutin- ized, would it not be very improper that it should be taken up and prosecuted by the House, day after day, week nllr-r tvieelt, or month after month, or it iiiig t be for ll year: or the time might come when an election might be so carried on tli:it the whole body of the electors, greatly iiicrcnsotl beyond their present number, should be polled. That was one good and sounil reason why the power was taken from the llonse and bestowed upon a new authority. Tlis Ilouse could not, with any sertililince of propriety cuter itpon the scrutiny; t a wcr was trzinsfcrred front therii to the slierill‘, and by nothing short of an Act of the Legislature could it be brought back to them. It was true that the present Elcctioti Lntv pre. scribed a mode of petitioning the llonseiigninst it return, the fornia of which had been observed in the l'i.-tition biefom the Committee; but it could not properly apply except to cases of great irregularity, or error, directly calculated to render the election altogether void. Many such cases might be enumerated. Two were set forth in the I’etition:—tbc Returning 0llicer's having omitted to trike and subscribe the oath, prescribed by the Law, and the Poll Clerks having omitted to seal the Poll Books before delivering them upto the presiding Ollicer. These cantc within the scope ofthe clause pointing out the mode of petitioning the Assembly. Butthere was nothing alleged that could warrant the House taking apon ituelf the duty of prosecuting ii scrutiny. lla did not object, in the case under consideration, on account of the trouble it would occasion, and the time it would consume,for there were but few votes to be scrutinized; but he objected on principle. If they deviated from Law then, they would be laying down a precedent, which might entail immsasa labour apon tbs Assembly, and occasion enormous expense to the public in future. Thsdnty of condacti the scrutiny was made over to the Sheriff; and the House cou have nothing to do with it. without violatin the law of the land. So much for the two valid allegations sat orth in the Petition. Before he olsred any other remarks upon other allegations set forth in the Petition, he would wait to hear what might be advanced with respect to these two. Should the Committee consider these all stions, one at s time, they would he more likely to andsrsts such other. The only thing for them to s-iy. was, In thought whstlier the omission of the 0ath—a verv ant and serious oinlssion—snd the emission to seul up the Poll kg. as directed by the law, were saflsisnt to invalidate the

Election. ,

Hon. Ir. OOLES argued that Ilia allegations set forth in the Petition wars astlicisat to warrant tlis prosecution of a scrutiny by the House. The Petition, lisobserved did notsay that the Return- lis had advised that

ad I

ing refused a scrutiny, but that the matter should be br before the AassuibILl:y petition. In so doing. he advised welt: for_tlis yatsvs having L pyll sworn._bo

would hi... 5.... u. .. , , to pronounce any s('ibsui guilty of perjury. He properly stated that he could not prnssd to institute a scrutiny, unless it were

' list some electors had voted twice, or out of their Dis-

o

sound. Illcllarlv nbiposs ad dsluisut sensors the right to dsrraflud, and thu.pvopriuty o.f instituting a acrutipiyf It ieulsr, tueontsuiplata a positive sbsu ity—

. ia the Slierilsoruttuiuirtg his own acts. l‘l'is ban. and learned main- bsr for G etown Ind said that the House had no or' inaljaris- diction in the matter ofa scrutiny,-—bat he (Hon. Mr.‘d’.) would observe that tlis constitution had thrown around the elective fran- chise safe guards, which tvsrs independent of the more I at inter- pretation ofa lsw,—snd, in a case like that under con ' eralisn. it was the duty of the House to jsd s with due regard to all the circumstances connected with it. Ifa doubt arose. it on ht to be given in favour of the party entitled to vote. If the alfegations set forth in the Petition should not be substantiated, the petitioner would be liable to be mulctsd in the amount of the expenses con- sequent upon the enquiry. It might, therefore. be inferred that lie at cost. is fully persuaded they are true,—a be (Mr. P.) would never consent that a party who felt himself aggrieved, should be debarred a hearing and hopes of redress, on account of any doubt arising out of any ambiguity in the law.

Mr. HAVILAND agreed that it would be very aniust for the Ilouse to dsbar the complaining candidate from a fair hearing, and to deny him the means of redress, if these means had been withheld from him tbrou h the misconduct of the Returning Oth- ccr,-—_and he admitted t t the allegations against that otlicer, contained in the Petition, were quite sullicient. if true, to set aside the Elec "on.

. Mr. Sl‘EAKER.—'I'hc omission of the oath was, in itself, unfli- cicnt to invalidate the election. That single circumstance ought to be held conclusive against the return.

lllr. PAIAIER said he would defy anv one to shew b the Act, that the House ought to do whattbe Sherifl'bad iui ro rly omitted to do. All that they had power to say was, that e d not done his duty,-—snd that, consequently the election was void. The hon. and learned nieinber then proceeded to read the -Itllli section ofthe Election Law, and commented upon it to shew that the kind of votes of whicbthnt section contemplates the scrutiny, are such in} may be alleged to have been polled twice, or out oftbeir proper district. He next proceeded to shew that two sestions alter, the mode of conducting a general scrutiny was clearly pointed out, taken away from the House and conferred upon the Slieritf,-—and llltll. therefore, it would be directly contrary, both to the letter and spirit of the Act to allow a complaining candidate to refuse to trust to the Slierill‘s scrutiny, and compel the House to go through it. lfthey should consent to lay down such it precedent, they would have to follow it, or to act very inconsistently and partially. \Vith respect to the allegations setting forth the omis- sion of the Oath by the Presiding Otlicer, and the neglecting to seal the Poll-books, he iidniitted that either oftlit-iii, if true, was siillicteut to invalidate the claction,—nnd, with respect to the last of_thcin, be freely admitted that what Mr. Colea lind said was quite correct. for, if the Poll-books were in the possession of the Returning Oflicer, unscaled, for ever so short ll time, u falsification of them was pints’ .

Ilnn. Mr. POPE observed, that the F.lectivc francliise was es- pecially under the protection of the House. The omission nftlic oath, and the Poll lloolts not having been senlod, atliecu-rl the electors more than the Clllltlltltlltiu‘-—r'Illtl if 0rlltil'll~'llt'tl as fact.-, the one or the other was quite suliicii-rit to iiivnliil.-iic the i-lectioir.

Mr. MON'l'G0.\lERY ohservieil, that the sitting IIIt"llillt‘f could not but know whether the ulli-gntions wem com-rt; and, if he knetv them to be so, and would ncl(IIO\\'lr’tlg8 their correr-tnvss,

trite, they were certainly quite suflicieiit to ltl\'lllltllIlt' lllf: t:ll.'(7lltItl. The question might then l-e settled at once, and all the i.-xpeiiiics,wliich the _sumnioning of witnesses would occasion to the parties, be avoided.

llon. Mr. COI.ES.—lfthe Poll Books prove the allegations to be true, the House will have sufficierit cviileiice to justify their declaring the election void

Dir. DOUSE wished to dojustice to botlt siilcs, and he would do it—at least so far as his voice went. llo agri-r-zl with those hon. members who had jitst spoken, that the in.itti~r ought to he pet at rest as speedilv as possible; but as the Slit-rill‘ it-as ilr-c-ply implicrited, he thought it ouglil not to he ‘ #9 had been heard b the House. The decision tnnirily rilli.-rtcd thr-

ectors, and it ought not to be pronounced without full previous enquiry. The expense would be nothing when weighed against the satisfaction due to the tors.

Mr. FRASER then suliiriittcd the following Resolution, trliicli was unanimously a lo:

'_' Rusoavuo, As the opinion of this Committee, that the alle- gations set forth in the Petition of Martin Byrne, I-‘.sq. against the return ofkoderick Macaulay, . as member of Assembly for

_ own and Royalty, are an lent to authorise the House to enter into an inrestigstioii as to the legality of the said Petition."

‘I he House was then resumed, and the Resolution baring been submitted by the hon. Speaker, and a to-and the hon. Co- lonial Secretarv having presented the oll Books—on motion, by the hon. Mr. Coles, the House went into . Cosrsri-rs-us: on Parvrcsous or Ecuc-rron—Mr. Davies in the chair.

The members of the Committee were then svrern by the Clerk. Mr. Macneill, ‘ to enquire diligeiitly,iind without fear and favour, or partiality, into the facts relative to this order of reference, and to make a true and faithful report of the Inquest by them to be taken, and of their opinion thereon.’

On motion by the hon. Mr. Coles, l\lr. Mscneill was appointed clerk to the committee, and lie was then also sworn by .\lr. Spea-

there could he no reason to prolong the discus.-ion, for. '

Cf.

The Poll Books were then carefully examined. by several mem- bers ofthe Committee. to ascertain whether they atford any tra- ces or evidence oftbe Oath which the Returning Ollicer ought to have taken and subscribed, but no such eviilenco or traces were found. The hon. Colonial Secretary having sutisfietl the Com- mutec that tho veritable Writ and the vi-ritatile Return were In’ before them; the positive declaration of .\lr.'l'horntnn that he bad no doubt on his iriind that the Oath liziil never been annexed to the Return; and the statement of Mr. \Vightnmn, to the effect that lie was satisfied that the actual Poll Bonk. nnil other genuine documents, were before the (‘omriritier-. put an end to the enquiry concerning the alleged omission of the Oath: and all were con- vinced that thc Allidarit required by the Law lind never been ninda. llut with respect to the l'oll Books having been left an- sealed by the Poll Clerks, the Committee concum-il with hlr. 'I‘|iornton in his opinion that there was no evidence that such was the fact. The discussion would than have terminated had not Mr. Douse continued to insist upon the propriety of the Committee postponing their decision until after they had i-.x-triiinr-d I e turning Otlicer with respect to the allegations set forth in the Pa- tition. and its to whether the docuinents hr-fore the Committee were authentic or not. He (Mr. ll.) maintained that the Return- Ing Ollicrr ought to be exnniined before the decision ofthe Com- mittee_: and that it would be very unjust not to rillow biiu an op- portunity for explanation touching allegations by which he was so fleeplv implicated. Mr. Illu-ii.snn observed that ifthe Return- ing Otlicer were there then, it would not be in his power to supply the defect ' by putting in the Oath. r. Moorrur