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VOL. 22.

ltgtstattbc isrorrtutngo. uousrz or ASSEMBLY.

MORNING SITTING. Moarnax, February I6. House is Coirusi-i--r-s;i-. orr Pnivtauons or I-1r.nc'rtoiv. --Mr. DAVIES in the Chair.

Exrntvsus cortsnq,ua‘.rr's' trrors ‘rtin x:rv1-x.tt1'atrrtivu or

nts: l’r:'rt-riots or Masts-rrr Bvnrrn, I1sq., AGAINIT nu:

Ric-roars or Ronxiticx M‘Aur.av, Esq., as A Musnitrt

Ion Guano:-rower.

Mr. FRASER. as Chairman ofthe Committee appointed to its- certriiu the amount 0 " Experises, and report thereon to the House, submitted the following Account of Expenses and subjoiued Resnlutimr.

Rrroltml, As the opinion of the Committe t, that the Fine incurred by the High Slieriif ofKing's County, for not corrrplying with tlte Provisions of the Election l.nw. when conducting the _I-llectioii held in Georgetown in December last, be commuted on lus paying the Expenses attending said Electiuri.’

Disbursements of the Sergeant at Arms in procuring the atten- dance of Witnesses for the Hoirorable the House of Assembly, re- lative to the Georgetown Election.

Travelling 70 miles to serve Peter M‘Callnm, Esq.

with Summons, at Cd £1 15 0 Service ofsumrnons 0 2 3 'I‘ravelliiig 60 miles to serve Wm. Sanderson I 10 0 Service ol' Summons - - 3 3 Paid Wm. Sanderson his travelling expenses, and

two days‘ attendance - - 1 5 0

_ £5 to o Attorney General - - 1 10 £7 5 0

Ilouse of Assembly, Feb 8, I853.

Ilon. Mr. COLES thought the amount was so small, that it might very well be thrown in with the contingent expenses of t o Ses-

ston. .'lIr.'l‘HORNTON thought, that as the election had been declared void on account of n ririsapprehension of duty on the part of the Re- turning Otficer, that oflicer ought to he called upon to refund the £8 paid to him h each of the Candidates. lllr. WIG lI'l‘h AN. He would have reason to congratulate him- -«tr on his good fortune and the lenity ufthe House, ifhe got olfso

I‘ 1\ll\

Tllr. l'\L\ll-IR. It would be beneath the dignity rd’ the House, 1 » lllsni upon the payment, by the Returning Uficer, of so paltry :-. stint as that ritated in the Report. Mr. M'Callum hrtd lrecly ud- niizn-ul, that be had not complied with a certain provision of the Election Law; but it was quite evident. that he had not (as he had himself stated in his apology), erred through wilful or culpable neg- ligence, but solely in consequence of his ltaving misinterpreted the law in its application to himself, when. as Deputy Sherifi', discharg- ing the duties oflteturning Ollicer. Under no circurnstrtnces, it would be positively wron to impose any penalty whatever upon the Returning Olliccr. 5 any elections had been set aside, owing to aim" at otninsious a ' lurities on the part of the Returning Olicers; but yet no penalties had ever been exacted from the de-

faulting rties. Then, why should it now be thought proper to pounce own upon Mr. M‘Gnllum in this case I Ile bad honestly confused the emission, in consequence of which. the election a

been made void; but he has given a good reason fo the oinissiou. The Sheriff cannot personally attend at all elections; although he may judge of the validity ofall. Mr. llI‘Callum is the Deputy She- rilfof Kin 's County. and when acting, at the snare time, as Re- turning 0| cer at the Georgetown Election, he entitled, as Retur- ing Ollicer, to swear to. and subscribe the Return to the Sheriff; thinking it unnecessary, because such Return would actually have been from himself to himself, as he expressed it, when under ex- amination. Ile in the capacity of She-rill‘, re uired no evidence from ltiinself, in the capacity of Returning 0 ‘cor, or what had taken place before his own eyes in the latter capacity. better reason could not possibly have been given for any error; and acting, as we profess to act, under the inluence of impartial and equitable feelings, it appears to tne, that Mr. llI‘Callum‘s explanation of his conduct ought to be received by us, as fully satisfactory; and ac- counted ts sullicient exoncralion of him from all penal liability. It was with the greatest reluctance that I voted the election void. The only irregularity proved to have occurred irt connection with it was. that admitted and accounted for by the Returning Ollicer, Mr. hl‘Cal|um; and is eftliat nature which has occasioned an incon- venience or injustice, either to the Candidates or to the Electors. If it be deterririrred, that Mr. M‘Callum shall be mulcted in the amount of the expenses consequent upon the enquiry. ll will lie first time of a SllcrllI'l being treated with so much severity. Sup- we assume to ourselves the power of a Court of Law, and mil: decided, that he ought to pay the expenses, how are we to act, if he refuse to do so. Our decision will not have the efl'ect of art order in a Court of Law; but there appears to be a disposition on the part oftho Government Maj-irity, to act in a niainier ten times more arbitrary, than would be pursued in a Court w. f the Candidates think they luive cause of complaint, each of them can seek his reriiedy b an action at law; but it would beneath the dignity of the House, to call upon the Sheriff for payment of so trifling a sum as falls on the Government, or to persecute liiut, for what is assurredly an error in judgment alone. llon. Mr. I’l)l'|-I. The honorable and learned meruher for Char- lottetown is the worst enemy the Sheritflias in the llouric. go on in his drefurice riiucli longer, he will render it impossible for it w due re-gurtl to jusiim-. to do otherwise than decide, that Mr. llI‘Cnllutvt is liable to all the expenses uttendsnt upon the past election, as well as those consequ--nt upon the en ttiry concrerrtirig it before this Ilituse. Ile says, the Returning Olh -er eonirtiitted no is ‘nice. How then comes it, t me ask the honorable and learned tncriiber, that we hive set aside the clt-rtion. till the nut- tion ofihe honorable mernber, snlo-ly on account of his. ll?! SlI0rlll"I h.-iving ornitterl to trike irrid subscribe the oath required by the Act? He accuses the Governirient of a dis position to act trmurds the Returning Otlicr-.r in it very harsh and arbitrary inantrer; but I rta ', Sir, that no finveruiir.-nt was ever more willing to act II!flIr'IIKl in such a case, than the present one. 0th‘cer has ndtrtittet his neglect of duty, and apologised to the ones for it. Ilis apology has been received. ulihougli not to the extent of fully exonr.-rating Irirn from all the consequences of his omission; and it remains to be determined. by the llouse, how far he should be called upon to defrtt the expenses which have arisen out of his nu lcct of duty. Rat tltat apology he would not have iniide, had he fu lowed the ad- vicc of the lionorahle and learned uieriiber for Charlottetown; and the coriseqnr-nce to liiriiself, woul ve been his being left in ll tnur-.li less desirable position, than that in which he now stutids with respect to the House. But the honorable and learned member says, tlrouglinut the whole oftho trlfair, the Government mu'nrity have acted in an arbitrary and unparlianretitary tnanner. I e has told us, that we had no right to entertain the Petition against the Re- turrifor Georgetown; and that the power of enquiry did not rest with us, but, by the election law, had been conferred upon thr- Blnirifit and has concluded by reading as a lecture upon parliamen. tary practice nd privileges, in the style of the poor petty-fogging

a lawyer, who has lately taken upon hmrself, in Huszard‘s Gazette.-

the authority of edge and dictator, with respect to Ilre duty oftho House; althouq the estimation in which both his professinriul clin- ractsr and opin on are held, has lo him as destitute of practice, as he is of principle. The honorable and learned memlier has be- sidss taltsn leavsto insinuate, that we luive exercised air undue assumption of authority, and judged the case, ilimugli the in-

Iusncs ofpurty spirit His a l tioaa are it more repetition of the c . ix‘ . . .

tunes who are retained. by the obstructive adherents in the cause of thslate Government. as writers for Hassard's Gurus, and

*:h‘1'lilsBuelstisnhubssunfesdtslu0eatIltteestaprsvious

IrIaadtr—-man equally destitute of moral principle, and altoge- ther rogardless of truth ; two degrad wretches, who won sell themselves, souls and bodies for a crust of bread; containe- ed and despised, even b those who em lay and pay tbsni; rind who nevertheless (sac is their shsmeess etfrontery !) dare to impeach the motives of this House, or their unanimous delertnirtution in entertaining a Petition to institute an enquiry affecting the validity of an e|ection,—a matter of all others which of right belongs to the House alone. and directly to accuse the majority of a predelerstination to decide in favour of one. whom they style a dependent and a pnrtizan of the Govern- merit. The only question now before the Committee is, w amount of fees and expenses the Returning Oflicer ought to be cal- led upon to pay; and, I believe, the general feeling will induce us to act with Ienity. One fact was e icited however, at the end of the exarrrinatinri, which I think, was quite as much against the Re- turning Olliccr, as having omitted to take and subscribe the afliduvit required by law; and that is, that the Poll Book returned to the Sc- cretary's Ollice, and here produced by him, was not the original, but only a copy. I do not name this, however, to induce the Com- mittee to judge the Returning Ollicer with greater severity, but as a caution to other returning otlicers for the future. I myself do not entertain any feeling to the prejudice of i\Ir. M‘Cullum. For the last twenty ears, whenever his public conduct hits been the sub- ject of enquiry. which has been the case several tinres, I have in- variably stood forward in his behalf, because I believed him to be an honest titan, who has endeavoured to do his duty. But I will say, that if he gets off with the payment of the actual expenses incurred It tlto prosecution of the enquiry, he will have much rea- son to be t ankful. Though he may have been obstinate, I cannot believe, that he errod through any malicious intention or political feeling. I do not think. that we onglit tlterefore to prosecute for the £200 penalty; but we ought to require him to pay all expenses con- sequent ttpon i re irivestigation, as it would be unjust to tax our constituents for the blunders committed by any public otlicer, when the law is iruliicieirlly plain and explicit for his guidance.

Mr. I‘AL.\Il'3R. Ifthe honorable the Treasurer sell me down as a political partiun, merely because I oppose what I hold. to be unconstitutional. he will, I hope, always have to consider me in that light. With respect to the support which a government or a party may derive from any advocac of their principles or measures. through the editorial columns 0 a Public Journal, he has informed us. that he is becoirie so lolly in his principles, so scrupulously de- icate in his moral perceptiomi, as to ahfink wit abhorrence from the mere idea of being indebted for popular favour or _support, _in the smallest degree, to any writer wlinse riioral reputatinri and ‘in- tegrity are not urisullied by the breath of slander, and placed high above the reach of calurirny and derruction. Such sentiments are indeed inherent in trulv noble minds. and in perfect lnrrmony with all the other feelings of every public man who is truly rent; but when I call to mirid—not the lirintuculato characters, 0 those to whom the honorable tlte Treasurer and in party are now mainly indebted for the laudalions bestowed upon them, by a portion of the public press of this Colony—liut the associate and all , upon whose abilities as it public writer, he was rnninly. if not altogether depen- dent fnr the means of maturing his plots and executing lits rojccts, in his constitutional opposition to Sir lIenryVere lluntley, cannnt, I confess, give the honorable the Treasurer credit for any sincerity in his declaratioirs of high-toned political nrorality. But I do give hint credit—for genuine feelings of batre towards those public writers, who have independently denounced his political profligacy. Ile has alluded, in a tone of extreme bitterness, to the castigatinns which the one or the other of them has, from time to time, bestow- ed upon him; in doing which, I am sure, he has felt all that he has expressed. lle nppeurn still to behold, with terror, the rod by which his punishment has been inflicted, ready to be applied to him again with undirninislied, if not increased, severity; and to contemplate the dread with which it inspires hint, doubtless, aflords his llagellators no little satisfaction. Isltall not further notice the malignant an unjustifiable attack which the honorable the Treasurer has thought

ropcr to make upon the cltnructers of the two gentlemen of the

ress, who are not here to defend themselves; but I will remind him that they are gentlemen, whose regard for true liberty and con- stitutional rinciples are infinitely superior to his, and whose tn- lcitts and ucation he may well envy. Knowing how competent they are inde rendently of my assistance, to repel the slander and chastise the s anderor, I shall leave to fltcm their own vindication and his punishment, whenever they shall be apprised, by the pub- lluation of this debate. of the attack which has 'ust been made upon tlicnr. 'l‘lte honorable the Treasurer has t ion ht proper-— evidently with a view to aggravate the error of Mr. D 'Callurn—-to rcniark upon his (.\Ir. M‘Ca|lurn‘s) having produced a copy ofthe I’oll Book. instead oftho original; but be (the hon. Treasurer) omitted to state, that r. M‘Calluni had the original with birrr, which he olfcred to reduce, and, in fact, did ultimately produce. With respect to the enity, which the hon. the Treasurer has said, lie wishes to be practised. in dealing with Mr. hI‘Callunt. I out in- clined to think, that on reflection, he has become sensible, that they have been pushing their assumed authority a little too far; and that it may be quite as well to shew a little moderation, at the close of the business. in order that their reputation may be darna ed as little as possible, by the affair, in the estimation oftlre public. ‘or myself, I think, that if strict justice be done to Mr. M‘Callum, any expenses which he rriust pay, if the House will so determine, can- not be r uce too ow. _

Mr. M0.\l'l‘G().\lEllY. The sending for the Sherrll‘, after the election had been set aside, was, in tiny opinion, unnecessary, uri- less it was the object ofthe House to conderiiu liirri on his own evi- dence: and, ifthat was in reality their object, it was a most unjus- tiliable one. He had, however, been examined, and had very cun- didly admitted his having omitted to make and subscribe the alIidu- vit to the Return; but, in doing so. he assigned a very good reason for his having otrritted to do so; I think that, all the circumstances of the ciise considered, he ought now to be exonerated from all further responsibility in the matter. _

h r. l)0l.’Sl‘.. I am not disposed to comment upon the very op- probriuus language which the hen. the Treasurer has directed rrgriinst the characters of certain gentlernen_ who write for two of our Island Newspapers, further than by suytng,that I atn very sorry tlnit he should allow hirriself to speak in so uirwnrraiitahle and so unhecorning ii manner nfany of his political opponents; but espe- cially of such as are not here to defend themselves. Such intent- perance of speech can do no 0 , either to him who indulges in it, or to others; and, I hope, this last display of it here will not be allowed to go fnrtli to the public. I give the hon. the Treasurer cs.-itir for grim] feelings towards the Returning Ollicer; andl hope no one in the House is averse to a lenient consideration of his case.

CLARK. The accusations against the majority of this House by the lion. and learned menrher for Charlottt-town. for their oceedings, founded on Mr. Ilyrne"ii Petition. are very unjust. The Intise have acted. throughout the whole of the enquiry, In a int-st impartial manner; and not one meitiber of_it line nianifested an iri- cliriution to deal otherwise than lentently with the Returning Olhcer. The real intention of the hon. and learned member is not however, I believe, to serve the Returning Otlicer; but to provoke the House b his unjust accusations and roundless assertions, to exact the pen- I ty of £200; that, out of nut: severity, he and his party may dc- rive sortie increase of political capital. by riieans of which to injure the rriajority of this House in the estimation of the people.

He thought hon. members lnid indul ed in much warmth, which m' In very well have been avoided. ' ‘ho hon. rind learned member or Charlottetown was under a mistake, in supposing that it was the Governrrteut members who had brought inward and were urgin the matter. It was the hon. member for the Second District of _ mined the account of expenses ; and it was he who had been the mover in the riisttsr front t e beginnritg. Ila (_llon. Mr. Cules) was, however of opinion, that that was the pro_pe_r time to settle the ques- lion of the Iteturning 0lIicer's responsibilities. It would be unfair to allow them to continue. banging like a rod_. over.lns head ;as if for the purpose of restraining biiir in the exercise of his ollictal duties. It was very clear, that no one had beeuto blame in the busineos, but the Returning Ofiicer himself; and it could not but be quite evident to the House. that he was liable to a heavy penalty. He (lloa. Mr. Coles), for one, was, however, well disposed to give his case a lenient euasiderntioa; and he would not oppose an reduction of the ex rises. which line. rrisrribsrs might wish to run 0. _

Hon. r. ELAN. Ile was not 'auy feelings of hostility to Mr. M'Calluet ; but he thought. tht instead efbsing

sn

CHARLOTTETOWN, PRINCE EDWARD ISLAND, TUESDAY, MAY 4,1852.

subjected to the penalty of £300, he should be let on‘ with the pay- ment of £5 for expenses. and £6 to reimburse the two candidates he would escape very easily. The lenit of such it proposal, could not be disputed by any one, if he call to mind the great trouble to the House, the annoyance to the country, and the inconvenience to the people of Georgetown, which the misconduct of the Return- in Otlicer had occasioned.

_ . OONEY. My belief is, that Mr. M‘Ciillum‘s error was a wilful one ; and that he lost sight of his ollicial duty, blinded by his zeal as a political purtn. V it Mr. B rne applied to him for n Scrutiny, he was afraid that, if he shou d grant it, the decision would be against Mr. M‘Aulay; and he said to himself, " I will fix the return, so that none of ye shall get in this time." The Sheri refused the Scrutiny for no other reason than this,—he thought that if it was granted, Mr. Byrne would be the successful candidate; at least this is my opinion of the case. If the Government wink at the rntsct. dual of any public otlicer, in what capacity soevor be may act, they shall not have my support.

he llon. the SPEAK!) , in few, but forcible words, pointed out the very great imp;opriety of which be conceived the hon. member for the Second istrict of Queen's County had been guilty, in iving expression to his suspicion of motives. us if his suspicion ha been justified by direct and conclusive evidence ; and said, it would be a pity if such a charge as the hon. member (.\Ir. Mooney) had preferred against Mr. M‘t.‘allum. based upon no better grounds tlr.in mere suspicion, on the part of his accuser, should be allowed to go abroad.

Mr. MOONEY. Isoleinly declare, that such are my thoughts concerning Mr. hI‘Callum‘s refusal ofthe scrutiny. lIis well known partizan zeal, on many former occasions, fully warrant tny suspicion concerning his conduct in the present instance; and I hope it will go

a tea .

Hon. Mr. WIIELAN. If it do. it shall not go forth without an antidote. I present at the election, andl itively declare that, throughout tlte whole, the proceedings were conducted by Mr.

‘Callum. as Returning Ollicer, with the greatestiinpartiality ; and then, to the pro riety and cordinlity of his demeanor, I believe, much of the g feeling and harmony which prevailed on the oc- casiou, may fairly be attributed. The error into which he fell, I feel persuaded, and I believe such is the general impression in this House, was an error in jud merit, and by no means a wilful neglect or omission of duty ; and t ere is not the slightest ground for sup- posing that he acted otherwise throughout the whole of the proceed- ings. than conscientiousl .

After Messrs. Douse, Clark, Montgnmer , Thornton, & \Vight- man, and tlte hen. the Colonial Secretary Iizid each, in succession, saidu few words, all in favour ofa lenient coiisiderution of Mr. M*L‘allum‘s case, and the account had been reduced to.C , the Hon. Mr. Cotes mnved, that the whole be struck out. which motion was carried on a division of [3 to 5 : and so the matter ended.

HOUSE IN C0.\l)ll'l‘Tl:‘.li 0.\' WAYS AND MEANS. Rxronr or run Aunrroits or rtin Punntc ACCOUNTI. usrvos-r orrtcst.

Extract from the Auditors‘ Report on Public Accounts, Nth I-‘e bruary, I852, to which the subjoined Speech of Mr. Fraser has reference. .

" In the Impost and Excise Ollice, we compared the Import- ers‘ Entries, with the Books and the furnished accounts. and find them to correspond. This Ollice being that in which the greater part of the Revenue of the whole Country is collected. cannot be

cpt with too close vigilance, on the ‘part of the oflicer in charge of it. to counteract the attempts at frau which may be made by indi- viduals to evade the payment of Duties. Impressed with thts cori- sidcrntion, we feel it our duty to offer the following remarks :-