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THE EXAMINER.

seded? Incon- said the hon. member; they looked at it as a question

oe ae. = weer.” TROT Seer: mrt ==

, Arwynay of Walicit % ot to be he own Attorney and Solicitor are not e | one: ; clusion, Sir, | now call upon the hon. Speaker to name oi dry Jaw, and in that case { might have given the same 2itbdat . Jil ¥ ‘ Js

the Snatcher Magistrate he alludedto. The hon. mem- opinion. But that is not the are oe : aioe _ sav —— 3, > lineal are € ifie@ s at) " ing i TLV eves, nd cor se- ber having waited some time for an answer, again called itis a question affecting our own privlieges, a ”

upon the hon. Speaker, when the Chairman replied that quently beyond the reach of every one beside ourselves. at It isa maxim in law that when a case has been once

the hon. Speaker declined to name, as the individual was it | ee a not on his trial. Mr. Mooney then sat down. ‘adjudicated, it cannot de reversed or recalled ; it has Mr. D. Maclean said, he did not interfere at the Elec-| been thus treated by the two members who gave notice that a vacancy had occurred. An acceptance of office

tion. either for one or the other, out of courtesy to his ta fm . z oe of emolument forfeits a seat in all representative bodies. were the House of Commons on this point,

colleacue, or he could have changed the position of

McCallum’s pol!. I heard that Mr. Mooney had written, So jealous _ the ui

a letter to the people, in which charges were made that when one of their members was appointed ] utor to

me: and it was said that if 1 did not answer the Prince of Wales, and although the opinion of the then Lord Chancllor went to declare his seat not forfeited, vet the House determined the reverse. It is stated that the

practice of the Island ought to be adhered to, and that

against them it would be thought they were true. Mr. Mooney came down to New London at the Election. I invited him to the Hustings, assured him of his personal safety, and requested him to speak freely. 1 considered he had

adonted a mean“subterfuge. Confusion, and ery of self did not return to our constituents under similar cir-

A _ s . . . . a - hae ' tnloe ¢ | “tale down the words ;” in the midst of which cumstances. that the Hon. Mr. Coies and the Hon. Mr.

: T ; Ny eoy Wwe j M4 7 Mr. Clurk rose to order, and said, I am sorry, Sir, to) Warburton ought not. W e say we did not know of the existence of the law; and where, | would like to know,

can be found any lawyer or judge who has ail the laws has been the cause of the excitement. (The hon. Speak-/at his finger’s end. Do we not often see proof of this ; er reminded the hon. member that he was out of order, and why then should a knowledge of this particular law Mr. Maclean being in possession of the chair.) be expected of us? I knew many sections of the Act in

Mr. D. Maclean resumed. I was told the letter was| question were repealed, but the one bearing upon this a forgery, and I believe it to be a fact. [On motion of Mr. Mooney, the hon. member’s words were taken down. | Then Dr. Conroy rose, and said, The charge against mvself is false, and this may be taken down too,],are suppo Mr. Warburton rose to order. Dr. Conroy was proceed- ‘and we should keep our eye as s ing to explain his conduct at New London, when he was again called toorder by Mr. Warburton. Dr. Con-

see a smile on the countenance of the hon. Speaker on

LY

my rising to secure peace and order, when he himself

regard for our privileges I am led to advocate the reso-

Law Officers, if it did not affect our privileges, but we} sed to be the best and only judges of them, | teady fixed upon them as |time of Mr. Speaker Cooper, an address being presented a mariner does upon the pole star. It is, Sir, from this)

roy, with much warmth, said he would not place his; character in the keeping of Mr. Warburton; to which the latter replied, he should be very sorry to take the charge of the hon. member’s character. Mr. Mooney said he would not be put down by the swell and bluster,

of the ——— Mr. F. Longworth rose, and said, he could: duty we owe to those who have sent us here, who will

not sit still any longer. An end must be put to such proceedings; for, instead of being the wise deliberations |

of a parliamentary body, they more resem5led those of a| influenced by fear or party feeling. = bear-garden. The first thing to be determined ought The Speaker quoted several authorities to shew that

to be, whether the Hon. George Coles is entitled to re-| main within the bar of the House.

Mr. Le Lacheur said, this outbreak, as it was in 1836, and at many other times, is solely caused by the hon.

Speaker; and ifthe learned member for Charlottetown! Excellency would not issue another writ, were as mindful to renrove him, as he is Mr. Mooney| Mr. Macintosh said, he was as jealous of the privileges or myself, he would not then be so liable to be aceused of the House as any one; but, in opposing the motion,

of partiality. Let the hon. Speaker, from this time for- ward, set a better example: tien our minds will not be irritated, and such scenes 1s this will not transpire.

The Speaker sxid it was bringing the House into con- tempt. If he had been out of order the proper time for reprehension was passed. [fhe wished for gentlemanly feeling, he certainly shou!d not expect to find it in Mr. Le Lacheur. In his observations, he had not mentioned names.

Mr. Rae was sorry to say that he thought the hon. Speaker's disclaimer was at variance with the fact; for he had even just then, in his last remarks, made direct allusion to members.

Mr. Palmer entreated the Committee to confine them- selves to the business before them.

Mr. Coles rose; but was immediately objected to, and

lution before you, and although both the gentlemen whose seats are called in question may be displaced, | have no doubt they will soon again make their appear- ance inthis House. But personal considerations are not to blind us to the interests of the people, or to the

see, [ hope, that we have sufficient moral courage to stand up in vindication of their rights, without being

parliament, and parliament alone, are the sole judges of all questions relative to Elections; but held it to be very unparliamentary in hon. members to insinuate, that, if the Committee shouid decide the seat to be vacant, His

‘he did not consider he was surrendering them. He was ‘of the same opinion now ashe was last year. The hon. | ‘Speaker said he would be a traitor if he did not support) ‘the motion; but he (Mr. M.) had witnessed many other ‘acts of his which were more like treachery, than would he the supporting of the present motion. He should re- ‘member his own case, and mete out the same justice to the Hon. Mr. Coles.

Mr. Le Lacheur explained that he only gave his own ‘opinion, when he said he did not see how His Excel- lency could issue another writ, having once refused to do so, and was of opinion the only action that could be ‘taken, would be to dissolve the House. We have no petition or complaint from the other candidate, why not then call upon the Sheriff to amend his writ? A simple resolution, even if it had passed unanimously, cannot

a RR Ng es alae

prevented from speaking ; the Speaker contending he supersede a law of the land. had not only no right to address the Committee but) Mr. Haviland. Sir, the question under consideration equally so, ad none to remain inside the Bar of the having been so ably discussed, | feel little remains to House. Then, rejoined Mr. Rue, why do you not order be said: but, in a matter affecting our constitutional the Sergeant at Arms to take him outside, and then the privileges, I cannot give asilent vote, or sell them for ublic will see how business is done within these wal!s?/a mess of pottage. I do not look at the question as one ask for just and manly trestment. The hon, member requiring that display of eloquence to which we have then quoied a case to shew that the Hon. Mr, Coles had listened, but more as one of dry Jaw. And when so both a right to speak and hold his seat till the question many precedents can be produced, shewing that we was decided, as to his being a member or not. ‘alone are the judges of our own acts, I scarcely know Mr. Haviland quoted a recent authority to the con-| where to begin. One hon. member (Mr. Le Lacheur) trary ; and fully agreed with what had fallen from the’ has stated that he still adheres to the opinion he main- hon. Speaker. tained last year; but, if I mistake not, he then supported Mr. Coles read from the celebrated Westminster case Mr. Rae’s ideas relative to the clause in the Act. The of Charles James Fox. in 1784, who remained in the, resolution, last year, did not emanate from this side of House of Commons, and claimed the privilege of taking the House: it was introduced by those who had advo- down members’ words, which case the hon. member)cated, as a part of a system of Responsible Government, argued was precisely similar to his own. ‘the taking of four meinbers from this House to sit at the Considerable discussion ensued. The hon. Speaker Council Board, and that, on accepting office, they should was supported by Messrs. Hugh McDonald, J. Long-|teturn to their constituents. I cannot, therefore, see worth, ‘Thornton, and Palmer; and opposed by Messrs.| what ground of support they have for their present con- Rae, Warburton, and Le Lacheur, but no decision was duct, unless, indeed, it is the wonderful opinion of these come to. legal gentlemen, so often referred to. But, Sir, I would Mr. Palmer then rose, and said, In former times, when like to know, if their opinion had been asked on the a vacancy occurred in the House of Commons, during question of Escheat or the Fishery Reserves, whether the recess, there existed no method as to the issuing of they would have been bound by it, if it did not accord a new writ; but if it took place during the sitting of the | with the'r own. No, Sir, [ trow they would not. The men House, the Speaker issued his warrant, so tenacious of yesterday are not the men of to-day: their opinions were they even at that early period, that they would not change according to circumstances. The argument allow any one but themselves to interfere with their pri-| drawn from the fact that there is no petition from the vileges; and if any persons were returned by any other! other candidate, I hold to be a weak one, as he demand- authority than that of the Commons, they were expelled ed a scrutiny at the time of the Election, and that shew- the House. The hon. member quoted from “ Rogers ed he was not satisfied. [t it contended that the clause on the law of Elections,”and contended that two members of the Act in question, was applicable to the time when of the House having informed the Speaker of a vacancy the Legislative and Executive Councils were one body. existing in the ease of Mr. Coles, the House was bound In another Act it was stipulated that no member of the to presume that they did what was in accordance with} Council should vote upon certain occasions. Ifthis were law, and these two were the proper judges whether a/Construed to mean a Legislative Councillor, why was vacancy had in reality occurred. The Attorney and the phraseology altered? Much has been said about Solicitor Generals have decided that an acceptance of a/the hon. gentlemen, the Speaker, McDonald and Pal- seat in the Executive does not vacate a seat in the As- mer, not losing their seats when they were chosen to

a

|taunt and not believe them, when they declare they were ignorant of the existence of the clause; yet Mr. Rae was not aware of it till last Session, und, when he made ithe discovery, rejoiced at it, and said he wished he had ‘known of it before (no! no! from Mr. Rae.) Then again ‘much stress is laid upon Lord Stanley’s opinion on a si- 'milar case, in New Brunswick; but that had been ably answered by the hon. Speaker. Ours is an old law ; but ‘in New Brunswick, they were about to make one, Circumstances change with time. A_ few years ago, the agitation of the great question of Respon- ‘sible Government in the Colonies, would have been ob- jected to by the Home Government. The learned ‘gentleman read many authorities relative to the rules of

|Parliament, which he said bore him out in asserting, ithat the House are the properly constituted judges of as the hon. Speaker, the Hon. J. S. MeDonald and my-|all things relating to themselves; and that to give way ‘to the opinions of the Crown Law Officers, or even to ‘that of Lord Stanley, would be a virtual surrender of ‘their own and the people’s rights and privileges. If ‘there is any ambiguity in the clause, continued he, we are the judges to interpret and explain it, and all other _ powers must be bound by our decision. That the office ‘of Executive Councillor is more an office of emolument ‘than many others that are so considered, I think cannot y 'be disputed ; since, as has been truly stated, Executive remains in full force till repealed by the Legislature. 1)Councillors are privileged by virtue of their oflice, to sit would be the last to dispute the opinion of the Crown|

in the Vice Admiralty and other Courts, and receive fees therein; and are also Justices of the Peace throughout the [sland.. I, Sir, well remember, in the

to the then Lieutenant Governor, informing him that several seats were vacated in consequence of members having accepted office as Justices of the Peace only ; yet, if this side of the House should now come to a si- milar conclusion, I fancy the other side would be very clamorous against it. How such incongruities are to be reconciled, I know not; for 1 cannot see why what was then considered the law, as affecting members appoint- ed Justices of the Peace, should not now affect those who then so construed it.

(To be continued.)

News by the last English Mail.

REVENUE.

The quarterly abstract of the Revenue accounts for the quarter ending the Sth January wiil be found ia an- other column, and, as was fully anticipated, exhibits a marked deficiency in the income of the country. The gross decrease on the year is no less than £2,217,454, and on the quarter 1,155,313! ; but rejecting those items, such as the China money, the repayment of advances, &c., which do not form the usual revenue of the country, and are accidental receipts, the ordinary revenue shows a decrease on the year of 1,065,540/. and on the quarter of 925,642/. As the comparison on the year and on the quarter may be impeached as not exactly showing the most correct view of the case, we may add that a com- parison on the last six months of 1846 and 1847 exhibits a decrease of 2,202,554. In fact, by the rigorous ex- amination of the yearly accounts, it would appear that, including a balance which remained in the Exchequer on the 5th January, 1846, of 482,907/, the yearly expen- diture of the country has exceeded the income by no less a sum than £2,700,000. The payment into the Treasury of the Irish loan has, however, enabled the Chancellor of the Exchequer to meet the January divi- dends without a temporary loan from the Bank, and, in fact, to have a balance in tae Treasury on the oth inst., of 882,548.

Trape.—The new year has not yet developed any signs of returning prosperity.—Further failures in Lon- don, Glasgow, and on the continent, together with the unsatisfactory state of the quarterly revenue accounts, have tended to counteract the little improvement which was beginning to manifest itself in the trade and indus- try of the country. The price of stocks have however advanced, and the corn market is firm.

Foreign Sureises.— The attention of the cotton trade is fixed upon the U. States, deeply interested but as regards the supply ofthe raw material from that quar- ter, and no less anxious respecting the future demands of that important market for the manufactured article. The greatly increased shipments to the Uv. States dur- ing the past year, in consequence ofthe diminished tariff on the one side, and the removal of the duty on bread- stuffs on the other, have produced the only auspicious feature in the general trade of the kingdom upon which we can dwell with unmingled pleasure.

Corn Marxet.—During the first week of the year the Corn market continued to present the same general unaltered features as reported in our last. In Mark- lane the best descriptions of good dry wheat realised previous rates, but all other sorts were about Is. per qr. cheaper: In Liverpool the business was to a moderate extent, and a slight improvement on the first market day took place in the best and old dry parcels, but as the week advanced it was not maintained. Fine qualities still obtained previous rates, and were taken rather freely, but at the close of the market the demand became more languid. Prices of the best qualities still remain un- altered.

The condition of last year’s crop of wheat, a to the quantity of rain which has fallen, is represented as

sembly. I do not feel disposed to quarrel with them,| seats in the Council ; but though it is now convenient to

being very indifferent, end there can be no doubt hae