cilia

had an injurious effect on the market. The market in Liverpool still continues depressed both for British and foreign. First class brands of American flour only fetch 293. 6d. to 303. per barrel, and Indian corn and cornmeal have declined 2s. per quarter, and Is. per bar- re] below the quotations of last week, and the transac- tions are still limited.

St WAR te aR,

—

MESSRS. COLES AND WARBURTON’S SEATS. We request our readers, more particularly those who are constituents of either of these gentlemen, to peruse

PRT Es AE EN LT

THE EXAMINER. o15 these circumstances Mr. Coles having a majority of ‘matter on his own responsibility. As to the Electors votes by the Poll Books, whether regard be had to ob-|there is no doubt that they will take care that their jected votes or not, ought to be declared duly elected. {honest and fearless Representative shall rise superior to

Resolved, That the number of votes polled for Mr./all the machinations of his and the People’s enemies. Coles was 438, of those polled for Mr. McCallum 411,)We know the sophistry which is put in requisition to leaving Mr. Coles a majority of 27, and that the number create a distinction between Mr. Coles’s case and Mr. of Mr. Coles’ voters objected to was fifty-four, of Mr. Warburton’s, but we are unable to recognise it without

| McCallum’s objected to was forty, and that under such |theaid of those perceptions which party feeling can alone circumstances, as the scrutiny was not declined by Mr.|supply. Sooner or later, all these undue and uncon-

Coles in any way whatever, he ought even under the |stitutional influences must succumb to public opinion. re-election of May, 1847, to be allowed to continue a [tis a libel, as scandalous as it is artful, to represent— member of this House. a0 |as it has been industriously done--that there is any ground

Resolved, That in conformity with the Parliamentary of apprehension, that the people would not conduct them- Law of Britain, no member of this Assembly who at that selves peaceably at an election. ‘The true reading of this Election voted for either candidate, ought to have been that it does hot suit the all ruling Oligarchy to consult,

a member of the Committee who decided as to the vali-/in the only constitutional manner, the wishes of the

attentively the subjoined list of Resolutions supported | dity or invalidity thereof, and that the Hon. the Speaker | People.

by those who considered that law, equity, expediency and every other consideration which could bear on the

subject, required that these gentlemen should retain| proceedings of the Committee on Privileges and Elec-|

their seats, Resolved, That it is inexpedient to enter on the ex-

amination of the precedence as to the re-election last}

May of the Hon. George Coles, M. P. P., for this reason, | that his seat ought not to have been declared vacant:

did vote at the said last Election, and yet sat and voted | eae ‘ as a member of the said Committee; and therefore, and |

for the reasons stated in the preceding Resolutions, the ore Answer TO THE Sreecn.—The Gazette of

uesday contains a paragraph on this subject, into which tions are null and void, and the matter ought to be refer- ae =_ mreeNeS ” a palpable misstatement, whe- red back to a properly constituted Committee. er forthe purpose of deceiving His Excellency the

ry . : : , ? } uUtens roy > oY } ati i j Resolved, That it is not the intention of this House, (Lieut nant Governor, or of creating an impression in the

, : a ais a ae .

by the adoption ofthe Resolution moved by Edward —— er “ The party, in the House, we are > . . ” ‘ £ >» ,

Palmer, Esq., relative to the Election of the Hon. George sow oe Eee he writer of the paragraph in

Coles, to cast any censure or reflection upon His Excel- |question, in speaking of the delay which occurred in the

Ist. Because, in no similar instance in this Colony, was any member of Assembly required to vacate his| seat, and that the cases of the present Speaker of the! House of Assembly, of Edward Palmer, Esquire, and of the Hon. J. 8. McDonald, are equal'y in point.

‘ i . 4 lett . ? lency the Lieutenant Governor, who in a similar case to getting up of the Answer to the Governor's Speech,

that of the Hon. Coles, declined issuing a Writ of Elec-|*#¥5* Phat “ it is but just, to state that that delay 13 not tion, as the opinions of his legal advisers were found |'° ee salina "itt of the House,’ oem 3A 8 contrary to such a proceeding. a a out manner throws a censure upon Mr. Rae, The Speaker refused to put the question on this reso- who was appointed Chairman of the Committee to whom were entrusted the drafting of the Address. Now the

BEG IIR TE A A RL RT

9) . at ini é . va} | . ' . . . . : : 2d. Phat the opinion of the Attorney General and the|tion, and the same majority supported him in the refusal. Solicitor General, given last year on tis very pont, €X-|[n the course of the debate, it was said by Mr. McLean presses most decidedly that the accepting a seat in the|that the Governor did wrong in not issuing the

Executive Council does not, by the law of this Colony, involve any forfeiture of a seat previously held in the Assembly.

3d. That the resolution of the House of Assembly

‘fact is the very reverse of the statement in the Gazelte.

The very first day of the Session Mr. Kae urged upon ithe House the necessity of preparing and presenting the

Writ when the Speaker had given him notice that the

i 2 i e | ss a - ‘ es :

seat was declared vacant by four members ; and that he| ae i ee and ~*~ d —_ it would not . ‘ ;DE G ‘ s JUXC ency Qiiow e matt i

(the Governor) had no business to apply to the Attorney | a eb eng —y gee Pye wel i as Sue we

and Solicitor General, but forthwith to order the Writ.|'7 @Deyance. ut no, sald the so-caue majority, | Jet

3 he or tre in reo: es? seo : , : ine firs . . - os ; last year,and the procedure in regard to a new Election| [jis drew forth the above Resolution from Mr. War-|"* first decide the question of Privileges and Elections,

consequent thereon, having been contrary both to the law and practice of this Colony, ought to be departed from,

Ath. That while the law remains unchanged,to pursue a line of conduct in respect to the seat of Mr. Coles, so determinately opposite to that pursued in all previous analogous cases, would be of evil tendency, and ought therefore to be avoided by this House.

5th. That such determination would further be of evil precedent, as it might be held to invalidate all the Acts

burton; and in the debate tiereon, Mr. McLean stated we ne on se a . ra a the — that he did not blame the Governor but the Executive|/™-or"ere® tence the Semy, sate see ‘was evident to any person of the smallest perception.

Council, “which was the most viciously constituted of) : ; ; ; y | Messrs. Coles and Warburton were first to be excluded

any in the Colonies.” ifrom the House—that was decided upon—aud as th ‘The question of Mr. Warburton’s seat having been)" — RE ee en ee ° would then have a very trifling “ majority,” an Address

brought on, the House again resolved itself into a Com-|

wel es - 9 a : Www om ' a . a a > aj a i _ r c *

mittee on Privileges and Elections—again proceeded 2 oes - » ween e be erat for the i ; so -. . | t i . savae— oe r 3 ery « y

without swearing the members,—and, on its coming toa). os y a eG ne We ae = ha hen a try

division, all those who, as mentioned above, voted Mr, | UMP! to De USEd AF & TECOMMECHCAUON [OF RSH wees

: « i a > P 4 + te > » Coles’ seat vacant, voted Mr. Warburton’s seat also va-|'" the eyes of Sin Donato Camppete.

passed during the time when the present Speaker of the House of Assembly, Edward Palmer, Esq., at present a| member of the House, and the Hon. J. 5. McDonald, | all sat as members of Assembiy, on no other or better| tenure of their seats than Mr. Coles has for his.

Gth. ‘That no petition is before the House against Mr. Coles’s seat, and that to determine without any Petition on either side, and without waiting for six days, as the Statute of this Colony prescribes, and without allowing any witnesses to be examined, renders such proceedings null and void.

Resolved, That a Committee be appointed to prepare and bring ina Bill to indemnify the Sheriff of Queen’s County and all other persons concerned in attempting to vacate the seat of the Hon. George Coles, a member of this House, for having accepted a seat in the Execu- tive Council, when such acceptance was unaccompanied by any office of emolument under the Crown, and the said atte;npt to create a vacancy in the House of As- sembly being repugnant to all precedents in this Island, and to the opinions of Her Majesty’s Attorney and Soli- citor Generals, as published in the Royal Gazette of the 15th June, 1847, declaring as their opinion “ that the seat of a member of the House of Assembly does not (by any Statute of this Island) become vacant by his accepting a seat in the Executive Council, and that such attempt is held to be illegal, null and void; as the present Lieutenant Governor has refused to issue a Writ in a subsequent similar case, viz, that of the Hon. James Warburton, in consequence of its being illegal to do so.

Resolved, That the proceedings of the Committee just terminated are illegal, null and void, inasmuch as the Committee was strictly on Privileges and Elections. That the Statute 7th Vic. cap. 23, requires that previous to the Committee entering on the enquiry, a Clerk shall be appointed, and all the members sworn, and in which clause the nature of the oath is printed out, no part of which provision has in this case been complied with.

Ayes—Messrs. Rae, Le Lacheur, Mooney, Whelan, Jardine, D. McDonald, McIntosh, Clark, Warburton.

Nays--Messrs.D. McLean, Montgomery, John Long- worth, F. Longworth, Haviland, Thornton, N. Conroy, J. H. Conroy, E. Palmer, H. McDonaid.

That supposing the acceptance of a seat in the Exe- cutive Council to vacate the seat of a member, and con- sidering merely the last election, it is very clearly laid down in works treating of the law of elections, “ If he, the Sheriff, grant a Scrutiny, the Return must be made ina vacancy in thirty days, at a General Election, and before the return day of the Writ’—Disney El. Stat. 150, 25th Geo. 2d, cap, 84, sec. 1. The Returning Oificer, in the absence of any particular provision by our Colonial Law for such exigency, ought in conforinity with the Royal Instructions granting a Representative Constitution to this Colony, and with the practice of this and former Assemblies to have been guided by the Par-

Cant,—namely, Messrs. J. H. Conroy, N. Conroy, D.| McLean, Montgomery, H. McDonald, J. Loagworth, FP.) Tag Twenvy-Ercntu or Fesruary.—t he Election Longworth, Haviland, Palmer, and Thornton—(10.) The! ofa Member forthe First District of Queen’s County is Speaker being in the Chair—(there being only eight tO} proclaimed to commence on the T'wenty-Eighth day of support the right of Mr. Warburton to hold his seat|the present month. ‘The Hon. Mr. Cores, who is now against the above named ten) was not called on for his) we pesret to state, suffering from severe illness, will on vote, but there was no doubt he would have voted in the) .-ust. be enabled by that time, to meet his late seeatin- Chair against Mr. Warburton. Heand Mr. Palmer and dite ‘et the Hustings, hough the bribery and corruption some others, professed great regret at being obliged by|.n4q rascality which disgraced the opposition to him at their conscience (?!!) to vote Mr. Warburton’s seat va-|the Jast Election, may be repeated, shouldanother can- cant. This puts one in remembrance of Douglas,|didate be got to fenter the field, we have sufficient Bishop of Dunkeld in 1516, who, endeavouring to prevent! confidence in the honor end manhood of the Electors to some warlike encounter just about to commence, remon-| predict for Mr. Coles a triumphant return. strated with a Brother Bishop upon having brought with | him a large armed retinue which he, Douglass, suspect- ee ed would take part in the fray. This pugnacious pre-| late, though sheathed in mail, had concealed all by) putting over it his episcopal robes. In the course of their conversation, he began vehemently to protest that, Se ee Peaks.” ae eee * AS p reeho S$, Leaseio san esiacen ousekeecpetrs 0 pe wan. & ee of e— and 7 the geome aren - the First District af tienten’s Comat, that a Poll for the Elee- ee proclaiming their sincerity, struck his right tion of One Member, to represent the said First District of hand against his breast. The breast-plate returned @| Queen’s County, in a Lower House of Assembly in this Island, sound not mistaken by Douglas, who, smiling, observed, |in the place of the Hon. George Coles, the late Election for the “Ah! my lord, your conscience sounds hollow.” said First District of Queen’s County having been declared e . . void by the House of Assembly—will be opened at or near

The following Resolution moved by Mr. Rae, was not (,yppennrown, on Township Number 21, on Monpay the put—the Speaker declaring it irregular in some parts,)Twenry-E1gurx day of Frervary, instant, at the hour of and on a division the ten members above named support- | Eleven o’clock, forenoon, of which all persons concerned are ed him. T'wo others were moved by Mr. Rae, but ob- required to take notice and govern themselves accordingly. jected to—at length a third was allowed to be put to) ene Fit Seen ae Af Geen, Ce the question, with the same result, ten against It. a coaaee 7 ee ee ee ,

Resolved, That as ten members of Assembly have CHARLES STEWART, decided that the seat of the Hon. George Coles is vacant, Sheriff of Queen’s County. it is inexpedient in the nine members who maintained that he was, and of right still is,a member of this House,

to take up their own time and that of their opponents by ip e the Ind epend ent Electors of the First

again bringing forward (any further than by reference oe ; thereto) the principles of the constitution—the practice Electoral District ef Prince County. GENTLEMEN ;

of this Colony and of Britain—the grounds of equity and the motives of expediency for the public interest, and : of consistency which induced the nine members to vote HE Hovse or Assemsty having, contrary that Mr. Coles hada right to his seat, as eight (Mr. | to the Law, as Jaid down by the Attorney and Warburton being excluded) now vote that Mr. Warbur- | Solicitor Generals, declared my seat in the Assembly ton has still a right to his seat. vacant, and those gentlemen having advised the Lieu- tenant Governor that he cannot legally issue a Writ for THE COMING ELECTION. another Election, the First Electoral District of Prince Notwithstanding that the opinion of the Crown Law County must remain unrepresented during the present Officers, when first given, was, that no law of the Island Session. You will perceive by the divisions of the Com- exists by which Mr. Coles’s seat can be vacated, mittee on the Hon. Mr. Coles’s case, the side each party the Lieutenant Governor has now issued a Writ for took in that debate, and also the divisions regarding a new Election for the First District of Queen’s County. | myself. Should there be another Election, I beg leave Mr. Coles is still an Executive Councillor, and it|to offer my services, and J assure you, should you again remains to be seen whether the Officers of the Govern- confide your interests to my care, I shal] endeavour to ment will openly attend the Election, and array them-| prove myself worthy of your confidence, by promoting selves against this Lieutenant Governor as they did|every measure calculated to henefit the country. against his predecessor. We trust His Excellency is I am, Gentlemen, well assured by those who advises hin—as no Execu- Your obedient Servant,

Queen’s County Election. First Exvecroran Disrricr.

UBLIC NOTICE is hereby given, to the

| Sheriff’s Office, Charlottetown, February 11, 1848.

liamentary Law of Britain, and instead of annulling the

“Election, to have proceeded to the scrutiny ; and under

tive Council has been called, and he has taken the whole JAMES WARBURTON.