.‘3it'A-anon:

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jflynsiam’

VOL. 29.

CIIARLOTTETOWN, PRINCE EDWARD ‘ISLAND, TUESDAY,

MARCH 23,1852.

N0. 1149.

ltntslatlttc iilrottrtttitgit. HOUSE or ASSEMBLY.

\V:nivssim\' I8tli. AF'l'l"rl{NOl).'\' Sl'l"l‘lNG. Hour: IN Coassrrrrssi on l’nivrt.:oI:s.

The House resolved itself into a Committee of Privila as, on the matter of the ar:ciirt:itiori referred, by Edward l’ulomr, Esquire, it Member of this House, against the Ills". Edward Wits- lsn. also it Member of this House, during tlte debate, in Coiiirriittee of the whole House, on the Lawyers‘ Bill on the 2d instant—Mr. PLYNN in the Cl ir.

The following l-Extract fro-n ii-~ lnurnals of the House of the 2d March, instant, was read by the Cliairiiian.

The Resolution was then read. and is tll follows :—

" Whereas, F.dwrrrd l’.iliimr, l‘lsq.. it .\leriiber of this House. while the llouim was in Coirnnittee oit the Lawyers‘ Iltll. charged the Hon. Edward \Vliolrtit, II .\lsuther of tits llouse. liy iitiplicatinn, with being It Peijurer, by having taken his seat in llllsl llouse tvllllo out it qurliii~ tiori: " 'l'ltrrrf-Ire Rerclt-cl, 'l‘hat Mr. l'aloo-.r re- tract the inipi d o against \lr ' pared to sulistaiiliatt-. I to anti such unc.t had for utid unfounded language; iirtd tlitrt Mr. be required to apologize to the House, for tire unbecuriiing language made use of by lrirn in debate.

Mr. 'l‘Ilt)l{.‘l’I‘U.V, ntove.l in rirnenditient to the same, to leave out all after the word " wlture.ts," and rirthstitute this following.

" Edward Prtltncr. B-q.. and the llori. I-‘altvrird Wlielan. having in debate in Committee of the wliols House, on the l.awyers' ill, made use of unp.rrli.niieniary language towards caclr other, and Edward Palmer, ILsq., having, by iiriplir-ation, during the debate, accused the lion. Faltviirl \Vnelan, of |’r-rjury, in taking his seat in this House without the legal qualilication, itiid there appearing to this House, no fouirdatioti for this ticciisritiori, but iriasnrucli as I laugua-e was callod forth by certri=n insiriuaiiuiis on I

3 ‘3 I

. \Vhel:rn, tinlt-ass he is pre-

titlackiirg the ch-ractcr of his late Fatlit.-r: That the said E\|w:|rJ Prtl.Itt.‘I‘, Esq, and the lltiri. Iidward \VlIeli|Il, do severally apologize to this tlouse, and to each other, for their lttttguago used in rlclrnta I iis err-niiig.

The llouse divided tilt the tnoti-in of ttnieutltnerit,

I‘.AI— llciurs. 'l‘liorrttoti, ll.ivil.ind, Montgoniery. i\l‘Aulay, Wightnran, and Dou*e- .

NAYit— lour-. Mt-.ssrs. Coles. l'ope, \\’arburton, Jrrrdino; Messrs. Benton, Mooney, hlcNeill, lliivics, I-‘ii-tin, .aird. ‘raiser

So it artist in the negative, and the question being then put on the main nro ion. ‘flit: House again divided as before.

Yuan-II.

NAYl—6.

So it was carried in the affirmative.

Mr. Palmer and the lion. .\lr. Wlielan, who had rsfired. having been called in, rrrid the foregoing llssuluziun adopted by the House, having been rear ,

Hon. Mr. WIIELAN rose in his place, and apologized to the

House.

Mr. PAIJIER then stated. in his place, tltat iftiine is given him to procure Wl!tIteI.it‘tI, he is preprred to prove. Ilt.tt at the time Mr. whglau [rink his Seat in the House, ho was d‘ u- 'I' had already itpoligized to the House, iitid now did so again. in motion of the lion. lllr. POPE. Ordered. 'Iluit Mr. PAL- MER be sired, without any unnecessary delay, to substarrtiats the srrousatiurt he had preferred rtqitinst .\lr. \Vlittlun.

On motion trfthe lloii lllr. Ct) ES, Ordererl, That Mr. Wk- lan, do to-tiiorrow, lrty his qualilicatioii before the House.

Thy: the House adjourned until to-iriorrow at ten o‘clock."

T -C

After the above Eslrttct frorii the Journal had been read, the Corninittee then proceeded to ltritt‘ et'lllt‘Il':t!. Amsrtiac-r or Tits l'Ivror:.~tcc. [Each 7/‘ Mr W'rlrte.trr.t be/lire [lie Cu/nrnirtrc. ti-as sivnrn by I/rc Cerlr. J. B. Crupcr, in his tapacily of a Justice if the

Peace.

Ma. Jotrir Dawson. Mr. Wlielan's deed having been ltlttded lit ltltn. 'l‘lIt) transfer tin the back of the deed _was signed by me, lint i am at a loss as to the day and date. It was sign:-d at the day and date of tire transfer on the back. The agreeitieiit was signed btit not thc deed. u was at a loss as in the date when the trausft.-r \\ as sigtrcd. as it was so far back. It was not signed at thrit date. He corild not recollr-.ct how long it was after the 7th August, I840, that the tratisfer wits signed. lle coitld tint l't'(‘tIllt‘(.'l the exact date. Tire irarisfer was given in at-r-ordance wit i a writtm 1I[_'H't'- m:-nt. Tue dr-r-d was given away by him, lint not si-_-nr~d in 1940. lle corrld nut swear it was not signed in IHI7. A written 2lflf('t‘lI|t'ltl was givcti by ltllll lll lH~lfl. llcliatllitititlr-d the written‘agrccttio-ut, ltl :rcr-r-rr|:rrit-r- with which the lt‘ztlIs'ft'I’ was exvcutcrl to thc llnti. Mr. \Vlrt.-Ian. He could not say that the ll'Itltsf<'r vine signed in l8l7: it might, or it niigfit not; bit! be rather thought not. The deed was handed over to Mr, Wlinlan. at the time the written narecincrrt was entered into lit.-ttveen him and Mr. Wltelao. The llon. Mr. (Jolcs and the

it Mr. Warburton were prcscnt when the transfer was airrncd. The reason why the deed was not transferred at the timuthe agraoinerrt and deed were handed in it. ‘be an, vi-art, that be dirt not got payment at tho same time. His wife‘; r.-linqriistrmt-.nt of dowr.-r was taken on the sonic day that of r was executed. He got payint.-ni in accordance

with his agreeinent. Tlic rimtirtiit of payment was £50. Ho bonofltle received 1350 for the land. llc rcc 'l\'Pt‘l it at two ditlercnt paymttnts (periods) according to his agreement. He

got paytticnt before it liccante date. He could not say what were the periods named by the agreement, at which he was to fecgiyg [he £50. He could not give art answer: it was out of his recollection. He had no clsirii on the land after the transfer was made. The payment was secured to hint by Note. He did not consider lliat liy not having signed the rlcod, at the time whr-ii he sold the pr.-neri} to Mr. Whelan. he had any claim at all ttpon the loud. lie could not tell what tvbs the date ofthe Note. It was given at the time ofthe transfer. No money was paid down at the tune of thc lr:tIrsft‘r. Mr. Wlielan did not secure payment to him for the land in I810, when the agreement was entered iiitn lictwccn tln-m, in any shape wlrair-ver—no fartlicr than by lns own bare word. The agreement did not secure him in any shape. The amount of the purchase was mentioned in the agroeincnt. Tire artiuunt vvss £50. r. Wlielan ltad the right to sell the land, if he thought proper to do so, aliet the agreement was entered iirto in I8-l0. 'l'lie itistalmeuisnfthc purchase money were paid by Mr. Who so. He xvonld swear that the whole amount of the £50 had not only been received by him, bttt also applied to his own use and benefit. He received a part of the money vritliin the last your--upwards of 1230. It was paid at two different times. The last instalment was not paid until last nion . He never mentioned to any pcrson lltat lic expcctr-d to receive only £7 10s. for ‘lie land, after the time Ire made the Igrnemrnt in I846: he cortldii‘I. lie was ofli-red more for the land when he had it but for a short time, £30. £40, and £45. 80 was his upset price. He sold it to Mr. Win-lan fos £50; but he told him that £00 was ltis price when he first spoke for it. He never saw the land himself. He ct-used

tying the land tax for it, he thought a couple of years since. lire had a farm adjoining ii. and lmid the in hit both at the same time. He charged Mr. Vt’ a with the in with his He had an understanding with Mr. Whelan to He did not think he paid the land tax for I850; he was not certain. He did not enquire at the Receive-r‘s Omen vrhstlisr the land in was paid for the last year, I851. The wafer seals on the transfer were placed on it is his pro- ggacr but its did not ktiotv by vrliotii. It was done vim. tie signed the trairtibr. He ‘cos d not recollect what taunt tie

-r»r.~nq.t,r,v.r ‘

sfiird tltetuss Mr. Mooney‘s and l

paid the Sheriff for the land, the deed had been so long not of his hands. He could not recollect what price he got for the farms adjoining the land in question.

\V. CUNDALL. Esq. In the year 1843 (24th, July) he was sbr-rilf, and, for arrears of Land Assessment and costs, he sold 473 acres nflairirl, part of Lot 37: the first hundred to la. C. Wnrtliv. for £7 l0s.; the second hundred to L. C. Worthy for C0; the third liuutlrcd to J. D. lasutrd, for £5 l0s.: the fourth l|llll(l|’l‘tl to II. “leelts, for £8 I5s.; and the remainder, 73 acres, to J. Dawson for £6. Had heard that the 73 acres which he sold to J. Dawson were now owned liy Mr. \Vhe|:tn, a tncinliernfthe House of Assembly. He did tint levy on each nfthose tracts, but believed that the person employed by lllm. to post tip the tiotice required by law, did so on the first

00 acres, in the nature ofthe wlrnle. Ho wished to statctliat lie sold all the tracts by uncles and bounds. The mctes and bounds by which the 73 acres were sold to J. Dawson. were given in the description and sketch ol the tract contained in the Deed. Tire description was supplied by J. Ball, Laird Srirvcyor.

J. ll. HOVRKE, Esq. Tlrotiglit he was acquaititcrl with the situation of 73 acres ofland, oti Lot 37, sold at a Laird As- r-cssriu-ut Sale to J. Dawson in ISI3. Tliougltt it was sold to Mr. Dawson for £0. The l:riid was like land in general, slime ofit izoud. :rrid sortie 1-fit bad. Could not say wltat he liiirisr-If would have bcen willing to give for it; for he did not know what Ilie land was at that tiiiic. Corild not exactly say —vvuuld not wish to say, wliiil it was worth in I850. Should consider that it was of more value in I843, than in I850, be- cause in I8-I3 there was more titrrber tipon it. There was no public road to it of which lie was aware: no road that he knew ofcxcept a private wood—roarl. Could not say that he uotiiri, at any time, Irave given £30 for it. Hail he purchased it, it would have been principally for the timber on it. It worrld be of itiore value to a f’-Iltllcf, as a fartn, than to him. Believe he had been on the land in qticstiori. The wood on it was partly liarrlwoorl, and partly sol'i\vood. He would cniisidcr the wood worth a grind deal for ship building. Could not say that airy masts had bccn cut nlfthe land. He ltad bad it must cut upon Fitz Simmons's land, not far from it. Tlierc might bl? 9". 30. or 40 acrcs of h:irrlwood land out of the 73 acres; hrit it was impossible to say exactly; could not say. Had he thought it worth more than £0, l.e won d not have allowed it to go for that stint. Could not say what was the value ofit. it was like buying a pig in a olte. Soft wood land in that locality was as valuable as liaril-vvotid; atid he would sooner purchase it for the value oftlic timbcr, where it was fit frir sawing. ‘or the mast in question, he gave, he tlionglit, 30s. and had it cut down himself. The kind oftimber which grow in the swamps was spruce and var, and soft-wood of all sorts. sortie large enough for mill logs. There was some timber upon the land in 18-16; some in some parts——not much; in others buslir-s, and some lorigcrs. A good acre would pro- duce I60. ‘200, or 500 logs; all would depend trpoti tliegrowtli. On an average he gave Is. 6d. per log, delivered attire utili- n at-re might prodricc 5(l00 longcra,il'tlrey not double lengths. Believed they got 23. per I00 for lotigers cut at the stain

l"itA.\'cis Kt:t.i.v, Esq. He knew wlicrc the 73 acres in qucstion wcrc. le had gone along it for 30 or 40 chains in front—20 nr 30 chains were swampy,and llIPtl hard-wood land as as he went. At the heck did not Fppear to be ofeo bad

a quality; but it was low and wt-t. Could not conscientiously state the value ofthe land in 1850. Aftcr liuliting one's way itrto it, there was very good bard-wood timber upon it. lc did not want the land; and, tbt-rcfort-, would uutgiveanythirig for it. Tire slirp-yards in its vicinity were 00!.‘ at Verno Rivfr, and one at Mr. llaytlcii's. a good distance from it. He was awarr-, that itt that vicinity titnlicr was hauled to ship- yards. \Vas not aware that any masts had been cut tipoit it. He thought the ricarcst rlistttrrcc nftlie land in saltwater was 5 or 0 int cs. Some ofthe lands in the vicinitv rcntcd at is. stcrling. otlicrs at is. (.’ttl‘t‘t‘nt‘_\‘. pcr acre, in the \\‘lltlt'I’lit‘SS state. iv.-I sonic wlieu lie was an agcnt for £3 per 100 acres. it was no dis:rdvaiita,r_ve to ltavc softwoorl upon a farm. provi- dcil there was not to mtl('lt of it. lt would not. without a tront nri writer or a road, let for is. an acre, so long as there was any l.-ind to be got in front ofit.

J. D. llAS7..\llD, Esq. llritl been upon thc landin qttcstiori. The front was stvatirpy. He had gone over it about the cen- trc. lt appeared, as ll dcsceridctl from the horiitdary line of Lot 49, in thc llillsbnrniigli, to be more swampy rind of lcss valor-. 'I‘lu-re was no acct-ssio it by any ulilic rnzr . l c had had 1330 ofii't'Pd for his I00 acres; and thou.-ht Mr. Witc- |.'in's iniglit lic valucrl at that rate. lint as r. lnonr-_v, who had offered hirri £30 for his I00 acres. ltnd not takcn ilictntdf his hands for that Inoucy, lic imagincd Mr. lllonncy did not think the land worth so much. He would be vt-r_v glad togct £30 tor his now. I)rd not think Mr. \\'liclan‘s land worth £25. \\'unld not himself give .Cl0 for it. He was nothi- asst-d by political feeling: he came to give his evidence fairly and lruncstlv.

lltt.\l. Mn. Com-zs. lie was a subscribing witness to the transfer of the Deed pruduccd. Tluiriglrt lto lirst saw the Iran:-fer, ttsctirlnrscil, about the 24th April, 1850. The re- linquishincitt ofthe widow's donor, and the trritsfcr of the Doc.-ti were both signed in his i rreence. 'l‘l e d III‘ of the as- signment appeared to he the star April, IQC0, the time when the widow's dower was relinquished. Tho tr;iirs."«~r oi‘ the Deed was executed at the saute time that the dot‘-0.’! ttas rc- liiiqriislu.-rl; hot the tiirroeiiruent was dated ‘ztltlt August, I846.

Ms. PATRICK Mooitsir. He knew considerable about the extent and quality of the land in question. He ltad l)t.‘Pn in clrarr_-e ofit a vr-ar from last fall. lad, at one time, olfr-rcrl £50 for it. Whilst he had the management of it 58 trees had been cut down upon it for ship-building purposes. 'l‘licy had been cut for M. ii siuitin, but he had told those who were cm- ploycd in cutting tlist he would not allow them to ctit any more. for less than Is. I tree. In his opinion Mr. Wlielan's was mircli In-ttcr land than Mr. Ilaszard's. bout 30 acres of Mr. lluszard‘s was swamp. He valued some of the stutnps oti Mr. Wlrelau's land at 59. At a distance back it afliirded grind timber liir ship building. The front was low land, and there was nothing on it but longcrs. Had not heard that any spars for masts had been out upon it. About six scrcs, or perhaps more of it were swamp. Part of the swamp is well covered with longers. The north per acre. leaving out the awantp, was he thought about I50. The wood alone, one acre with another. was worth me. an acre. if he had not thought it worth £50, be vvoiild not have uliered that sum for ' His brother wished to buy the land, either in I840 or I847. and when he (the witness) ap lied to Mr. Dawson for it. Mr. Dawson toltl ltim that he ha sold it to Mr. Whclaii. and bad iintliitig to do with it. nrild not swear that -10 acre-s of it were hard wood; for he had never seen it msastireri. Had often seen soft wood growing on a bill. cre were about 7 or 8 acres of the land swamp; may be more, may be less. When he olfered Mr. Whelan £50 for the land, he would of course have paid him £50 for it: he did not expect to got it without paying for it. lie had signed a Petition to obtain it road to those farms.

Mn. Pntitcx lltrottu. He had set-it the 73 acres oflaad, owned by Mr. Whelsn on, Lot 37. He had brcn over it re- pcait-dly. He had vslut-d it at the snow rate as his own near to it; I50 acres which he had sold for £00. There had been a cItIiIl(lt'|‘nl)lt‘ quantity of ship-yard timber cttt upon Mr. Witt-lan‘s land no doubt; but he could form nothing like an accurate asiinrate oritia qaaatlg. Could not say that any rants liadbesncutoflit; but on lit it quite as lilrei to is, which they lisl in

partnership, and from which they had ctit masts. They had sold masts and spare, from their land, at from £8 to 20s. ‘here was a grind road being made to the farms; and they ex- pected that, in a little titue, they would front on a road. Last wiut.tr was the first time he knew of any ship timber being cut out Mr. Wtrclan's land. \'ould swear that he considered Mr. Wl.el:in's land as good as his own by going through it. l'A1'rricit HUGIIES. (recalled) lie purchased his farm for thirty pounds, and sold it for ninety pounds; but lie did not think he got full value for it if he wislicd to live on it. He always considered Mr. Whr-Ian's land to be of an equally good qtialit_v with his. He had sold his I50 acres as he stated last night: ho had not signed the deed yet: he had signed an agree- ment. He thought ho had received about eleven pounds of the purchase inuney. There is some more due. Expects to get it this day. His land was not all sold to one person. It was sold to two pr-rsons—50 acres to one person for tliiriy pounrl.~; and I00 acres to another for sixtv pounds. To te what aiiioiini he realized by the sale of timber olf his land before he tmld it, he would require time to make up the amount. l’ru vably bctwcen twenty and thirty pounds during one wiutcr. Some of it was sold at the stump, and more of it be and his par‘. ier mtinuliicttired and sold oirt. ll'iIrir.ss disschargrd.

JAMES l"i1"I.oisnoss. I know the land that is callt-d Mr. W|iclrni‘s. I have been on it frequently. My own land is IIlttt'..' side of it. He gave thirty pounds for 50 acres. He would trite fifty pounds for Mr. Wlrelan‘s if it was to he sold.

lYI'Ill. three years ago, he first knew that the land belonged to Mr. WI elari: it was formerly called Dawson's l.tiid. ' think it is equal to the land 1 purclrased along side of it. llilncsr rliscliar-gr .

Jaitrs ll. Bot:r;rti~:. I saw a part ot‘il.c land: did not see it all. Part of what I saw was very good land: part bad. lie believed it produced good timber about four or five years ago. lt was wort more some weeltsago than now. Does not know the value of tinow. it would be worth more to some il.:in otlicrs. Would say it was worth fifty pounds, in eoristqueircc of tire timber and a saw-tnill near it. Could tint say what was the value of it four or five years ago. \\'as not niuclt through the land. Could not say what was the market value ot Mr. \Vltclati'sland in I850. Could notexactlysay whether it was worth liliy pounds in January, I850. If he had been all through the land, he might have been able to say. It might then litive bccn worth fifty pounds, or it might not. ll'ilur.r.r distlrrrrgul.

Aftt-r the witnesses had been examined, it discussion arctic as to whether l\lr. \Vheliiu or Mr. l':r|titer should first address the Committee; rind it having been decided that the latter should first speak in support of his nllr-g:tlions—

it. .ti.M:ti coriirtrenced his address to the Comniiitcc, by protesting against their decision, that the evidence, on eac I side, raving been heard, it was tis duty at this stage of the proceeding, to it vniice whatever he might have furtlier to say, in support ol what ho had undertaken to substantiate, either by coirnuciitary upon the cvidetrcr, or otherwise, as he might think proper; rather thrtii that Mr. Wliclan alrnuld be called upon to color upon his defence. The lion tirunilier then proceeded to say, that bt-sides the tlistidvntrtugeous position in win i ie, in tire character of a proletutlol’. was placed by this determination of ilttz Pornntiticc, a still f|l.\lIt‘t' ernlittrrasstiient wits im on lllll '.r_t tho imprr-pr-r view, as he considered it, which the utniotity til" i - ('. :..rr.iticc had takfin of the question then before thctn. Tltc‘. . o sly, conceived, assumed that he had Ivrdv-ouslrrvvevvyveooti that the hon. nretttber, Mr. Whelnri, had bet-ii griiii_i of pr-r_iur-y; and that should he l'rril to cstablish that chttrg-.-. lie (Mr. Prtlriitr) would have to satfer the censure of the House. llut tltrit was not the position in which he wits placed. The House of Ari.-terribly, at the origin of the question, coiiaidcrod tlienrseit-cit offended by the altercation, which had taken loco llClWr't‘.II liitii and Mr. Whclsn; and liitd passed a censure uiion tbciii both. and required, front both. the satisfaction ofaii tiptvlngy; but, ivlnlst Mr. \\’lie|art was called to apologise to the House only, it was insisted that e (.\lr. ‘altar-r) should apologise built to the llouso and to Mr. \\'lu-lan. He would not go iritu tho lii.-tovy oftlic rrltcrcation, but would rrefcr to the Resolution of the House, by wliicli that duty was itnposctl upon him. I} that ll:-soltiliott he was required to rcir.-rrtt tinlcss prepared to strlrsttantirrto the accusation. \Vcl|, the House gave him the alternative either to retract or to irocr-t-d, to sabstanti.-rte his assertion, that if nllowt.-d time, he could prove tltrrt .’ilr. \\'lii-lirii was disqurili rd at the tinrc when he took his start as a itir-nilicr oftltc llousc; and lie ltad undcrtrikcn to aulistatrtiate that asst-rtion: air so tcriiiiitatcd the functions of the that (.‘orritrriitr.-o of l'ritilcgcr-. Then it new (foniiirittce was app.zintt=d, lrefore wlioiu lie was allowed to bring forward wiinctst-s in support ofltirt assertion. Thcse tiitircsscs had becri brought foiwaitl nntl cxoirriitctl; rititl it novv |’l'lItltllIl.‘t.l for the ClitlillilllPC to tlr-tr-rtiriiic \\llt,'lllt'f he Ii:ttl tiindc out his case. He suliriiiltctl, that it was the iinriictltatc ditty ofilto (‘onitnittce to say. Itllclllup lit» Iratl pron-tl, tli.rt at the time l\lr. \ 'lir-l:iit took his seat as .-i Mcrirlit-r of the Ilousc. oti the 5th lllarr-Ii, I830, lie wnstlirxqualiii.-.1 or not. llttl he was plarcd in n vv ry (lifi'ttl\’llllllig9nu_I ptr.'iiinn, Iiy iii‘; wrong victv lr1l\'(‘lI of the question lit.-fore Ilu-tn, by the mrrjrrriry of thc ('otiiririttce, and their dt-ti-rmtiiiitg that the matter in be iii-aided was. \\'lIt'llIl!l' he had succeeded in bringing lioiire the charge of P“'.l'"'." l“ “'5 “'l"?l""« Ntwv the fact was, that be (Mr. l’uliircr) ll-‘Id '"’l- 3" l1II_\'tlIiIIg he had said, pr-rsonally idcniiticd Mr. \\'liel-in as guilty of perjury; rind any words of his, takcn down to that ell?-ct, ltatl gout: further tltan he had expressed ltinisclf. \Vlien nbottt to sign the llond, and on reading over the Rt-solution rm-ited then-iii, he had tnade this satire ril-jo-ciioti; and a dr-d |Illtll'I’ his signature rt tiir-tuuranduni to such trlli-ct; but it was |‘l?q|Ilrt‘ll that he should execute lI IIt‘\\' [loud without such rneiirornndutn, ts lit-rt-by the llourte l|lllt|lt‘tl that he should identify lllr. \\'lielan with the cli.-irgc, whether he would or irrrt. 'l hcrc ouglit,liovtcver.to he no ‘ it the House catnc to that lie-solution, It was tnoit-d by the hon. thc 'l'tcai-urer that Mr. \\’liclan should produce his qtirtlificrttirrn. (Here the Ilon. Mr. Pope said, “'I'hnt is a iitisirtkc; did not make the trrotion;“ and their the lion. Mr. C0l¢'l said, " It was I who ma as it." \\'r-ll, continued the hon. and It-arncd nit-tuber, the niotiou was made, and. in consequence, the qualification was, the next day, placed upon the table. And what wits it! It was it traiisfo-r of ti Deed by endorsonirant, proft-using to convey all the title of the Grantee, .\lr. John Dawson, to the premises tlit-rein ritctitiorir-d. He thought he had already shown, and he would again show, that in that transfer, Ihcra wits no title, on which Mr. \Vhcltin could ground a qualification, when hninok his scat in that House. He would nr.-iii shew that the Deed itself, was invalid lily Statute; and, taller- wardtt, he would make it clear, that own i the Deed had been iven to Mr. Whelsn, and the transfer of it to hint signed, before he took his sent, it carried with itttn im-onrbrancr.-, which rendered it impossible for it to constitute it qualification under the Act. The present Election .ttvv was quite clear and explicit, with retlpect to what should he held to constitutes qualification. It required that to person should be in the so-izen or posru-r-siou of it l"ro-t-hold or Iicnitchold Estate, ofthe value of £50. before referring to that Law, he would say a few words with reference to the lilac- linn Low, in force in I946. By that Law, it can itlute could qualifv. on it lcnsr-hold estate, a rcril estate, or an equitable estate in lands; and, possibly, Mr. \Vhe|an might ltrivc thought himself entitled to qualify under that Ari; although, he (Mr. P.) did not, hv any nit-amt, give it its his opinion that he could. If at that time, Mr. Whrlan had anything at all. on which to rest a qualifi- cation, it was an equitalt at nature; for if the instrttn-erit, product-tl as it qualification, could be taken to s in its contents, it rrintr-rl. that the transfer was made in pursuance of an ttgrrieincnt r-Mend into in Is“; but there was no satisfactory evidence toiihevv that any such agreement htrd nvcr r-xistcrl. If tit the time, how- ever. any such agreement nctuslly uistcd, all that it gave to Mr. \Vlwlan, was an equitable right: it never pave hint ti tiilr.» to a real estate. Now, under that. i: was porssib ti that Mr. Wlielsn might so have enaslrtir-d the Election Law of , its enabling him to qualify. lint ttndt-r the F.lt-ctiou [Aw of 1348. the law of the land, when Mr. Wltelan took his seat in the House,’ in IBM; the law of the land, when Mr. lsn, on the nomination day at Georgetown. ssnr Jlltllfy, isu. -W-'0 to his ti-I-tte-non. the