British Whig (Kingston, ON1834), January 21, 1845, p. 2

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4r provide the t6ihscc 01 the 5m geo 3er- acteo any pertn rlaimm to have a ririt l vle 1 an cleerion hnulr lake ie more nl the oilh follnu in fiiifftfrftcd 1 f 45mhi i innyn hi claim as a hctfrow- r l wtmv bavri lake the oaths ntfpttfl 13 if j a pinpmhr thnir r ilinwred i 4 or it a a tencm thou uuutfervd li 5 1 ov ihe sriajjmiate nt llii cam ha adoim- leccil n aiii nut vui it ihr otdi rr qui red nf flffffcompf ot tir miii irquttril f piipllu or the ufu tvrnrh murine ikeu hy icnnt j the it itth flwl ihe loo qutifirmimi nl the pailietthond e tnvrd imlv hprtir- rte f iim miitfmral hilliy the wrtli rf ill pope ihfliklwf cncs of no nc yel jjfhalimli m ilc lhh ilecliw the dih r- of tin- same act pin- vijc i ittt h person wm ilffc fliettlsrh at iitrii for in any f l eniin vcrtnl rteettnoj should jutnjiy ihn tuih heforelhr jlir oltke frttlll ricortfe wltrii which eeitilwl wiidei the hand and eal theidjufe shall he arsvri iithi pelilon hrfnr it cu he received i v the afwmj n tif ptovine no iv wd wbich writ iel t eocl the oath if i pmcfttifl brought for appealed direct- u ainit hi lw pttp which were eiile groudles he mr lticmlainej shewed lliitlht rriiificatcof one justice ol ihe waee was looked upon a nilltrimt liy llic parlia ment of lower canada ij lhal to alive tva contained in those pfrrdrn that lb liitinnc were cleiotp l ihe time of the election if ha ay iwin roth hi in trie he most rjiianrdjuarv looltel nily sp ctacle upon wilh peiilioii this 9 1 n oil ni ejime be- in wliicli ihry coming to hr cmtifittt he foun lb nimt f c sftf deblmty who w5the pciliin r in 1kb v n 1845 he aipt 1 heir h hi oifl form in ilnwn op in the ime term z lt elrttimit werr erre1 hy hrnle force t1it the hiche inilii iy utieer in ihe cmmuji my monmt lw irw iimucm wotihyofihe farttui ennhcufr rnl ffllwhp l ifc csivmih tlrnefl rolrl l ejicton thai a high military olkcrr arlril at pjrt nn that x is peiiliorif ol ptilit as this tn hefrrethe hhm he ooh1 not jet 1 thai jorm hoi he foucr frienis in the llalh whft wenl wrlher ihan tie rti1i and conlimie his nwn conn hear hear ann in ihe er- tifeate ifiere were ihese word that the c sabievou ocbteoty took lheoilhsmje inrl promje mlb twa5l what oaths wete made nil ptoviitn f mr avrwn if the hon ntleman wee hy the membrmi quvr thai the case itef were in iln ep hie wme hi lb rrviu4 pffurmi lakrn liy rtiee ihe ceitiricateloh eirva i fin maiivir- rer here sel tilli tvfheajrf to ihe rtnnrai amee ul he wmim ali wa il not iftirnjn hy the leisallfe that the rtroniaicehuum be tent to thr rimtst how vtoirl il he sime to fokcit ficrni hires mfv tflvy luhj ptwrswri ombnnf iftie multe were reron sanrei l1 t hjre in liitotoik the mijhl hivr trcoure ivainsl ihe majs t lse pseien uf t reeohe weitlrf the sitiirt mrnibf ease the ptiiion was iler iet irt t sf lvaiisl irute n tlotlhlj toi the erurity the rtry r sence of the rcii z4neewmili he ne he couttnr1 that itlhin- shoj of the vtt h iter of the law would hear thr hnuc oit in deci sion that the milr4tcceiim talnliiimer any ea1h he miht ihmk fit the practice of lower canada as he had show n had atway veit to affix the alfi hvits of the ten pelilioners in ihe petiiion selfotth infill lerfih withoit wltirli indeed there ccum he no pluftl ai ill- if any gentleman eouhl how tat thr ratice had iwt been s convince him me gtanhe r did o they wmild cany with them he vole o hifsmf f the si hul if nax he heped that he hon n ri 1 pji si id be hlrprtd i snppoil thv raetice which hd always hitherto pe vaitri- il was ihe duly of every mdfl in the huie to ferret out what thai practice bd been anj bavme dcvie to to a4le hv it in n elusion he would say tint lie had nm taken the course be had rone at the sltciuion ol elher ot ihe hon sitlinmemlis who hi- teascjuite sure were the ut men in the wnrm t wrsti to suppress this enquiiy iml heeaue in search ing lpngh the ilncu ienta which he had just laid helore the heute he was fnicej to the convolution jhax the peliiion was so inrmal in such essential particular thai il could not he teceived hy lhit h uit with a regard to ihe duly they ftwed to the perpteof the trovince at lare andspci ii lo the conililgenrysrlmi had met the two h ntlenen to arhamcn whf were now petitioneij am 1 n larotaiyi sat- that ihev mutl hear in mind that hie alht laken hy the bt id ihose ink v rraimlil arted mnm in mttll ranlahly t that li rtiilita y foire wvie hfinight m a parti- st wp the eti1r tiom appinehin ile poll- and ihit the streets werr baniraded lor the wre rpe and that it was hj 1hes frul means the present mernheis for montreal are in then 4a if snch petiiion were hiil befoie hi i5lii cottmont it woiu claim ihe nrl sirious allenliofi of ever ntemher mil frr thy ft tinjecnstnmeil to hd military interfeivff in iheir lleetlv anrl ullhonth ihey are called on todnjihlire to these ten men it is necessary fiisi of all t iterate twn three or font nights far more important fvflwl ttin ihe efeclivr iranchue and whnlnre these imp tairminut wfte he ppmll who petition realty evctors 1 ihe lime m the election i that that this most dilfi colt sndoliimirqirtun whether ihey we if 1 ice lor f weeks hefrf ihat is at the time or the elet ttn 11 11 a he iei iverl hy an anticus in- vesliiatin hut this was only scontary to itiqther f very real imii1aiice ndeel rssvt hy the htmorhk mernlr for led- wjielhrrlhc petitinne were really qualified m vote by ihe law of the land what w more easy than loi the pirties ihcmfelrcs m htin p mr ditr and th lliey donhted their etaijsc whether ttf are or ate 10 ijutilirvd surely it would nol be s diffiiill they must he cll known in montreal b f that would srtlle the rtln1 to easily the question really at itue is whether the ceficaleof the roais j tml is on that we will receive or llirow aside because hy some areient il id net say ihe petitions wereilaiified let ihe hon gentlemen who doubted iheir qualificolion make a motion to bring ihem i the har am ihete question them not the slightest oh jection wold he mae 1 l inlei- how eveof oinj that this fme drawn wiry dis tinction is mate were they elreicr at ihe lime at which ihe eledinn 1 p h woutd ask ihose hon bbiitltiwi he had electioneering experience in upfcr and lower canada if they ever heard ol such symonism in these matters how ws 11 that no course came op wiih any ohjoc linns of irvssml the million wa received withoth tirio them why 1i11i nei fume hn jetithman then make hsherrron that was the pnpertimcln appose ihe pfliiinn fjoi here an hon zeniunrft who tiimself is tobeone of the judtre in the case starts up ami makes oectinns thi til mier i penal statute for stealing jcsft ie ivimtd wwn find nut what mndt oftd prot erf signified hef hearl llhislejal rillm i we w hflh iwrlf advanced h ifehad nnt said not piecedn hut hail exerted bwlf to nppose ihem hy citinf the cases i th esi wanl mnnlreal anil another one wsrh had taken plaee durin ihe blst irsnion crplit parliament f united cna- da hut that iwleman should reeoltect that ne swallow re not make a summer and neither does or cae elhlih a precedent with repaid th example ifinfrl hy the petition qftlitfhf east ward of montreal he thought lhat kjiad shown it wnna piece- verd at nil ai a tn the eher il appeared ifnlmve heen ssd ihioneh the hotisc su6 itnvnio and treefete fonhl have no pnwer in overthrow feients whirl had heen lour ninfv ejjmihd l was a series i ie iher petilinneis if j ncation and enquire j wruld pnd mil llmi it i tmtechntcal i say more than lumeirnrfpontfej there was the cerlificat ihev werr calleen loeorsidei his inttitity had dirnvered mr dehleiifys own mafto did nntslal faehire and he would leav- it lo his intensity at ihe timt to uilce t e rttflfieim between ihe two j he enud show thr hnn iremher 0 real crtfny itilleienl forms of eerhneares one in parti u lar a sort of n ixlure hatf eeitifieare lalf i1 davit in the contested election fnr ihe oipnty of stntead the person who wmte it hea you s and so d- e badly splt that it wasscaici ly possible in know whslt neanl tut enoljeciinn was ever ufcen nn this arrount he waseeilin lhl ihe hon f th man ihonhl he knew more about lower carvr law than hi hnn friend wlm had i en expelled five limes from it parliament nr mr scott r mr laknlaine ami a whole h f mhr s it was a pity the vn men her had nt left ihe difficulty 111 the herns of one i hi learned fiionds of rat pnlclirieal attainments who wctol at onee have explained all errors from fitly jcarnmarians and one hundred enraphfs anohec eatoi jerliou ws lb the rettttfete said nrft ie of octh tenebonne h m taken the rmmt assumed justice 10 all parties hul ane nf her mejeslys counsel and as ne who be hoped was not un learned in ihe lw he coull not ive his vote for a motion in direct opposition to the law il was upon that pfinciple atone thm he would attempt debate ihe quesuon and in doinjc fo he would he tvff when he had hist heard theromenlsof hi learned firend ihe solicitor general he was certainly surprised at ihe force f his reasoning t and he soon found ihat he had strong grounds tor the course he was adopting the only argument which was urged in reply w this ihete is ihe slalute yon can have nn other la v ht ihat and yon can follow no olher guide he cot prince denied thai the horse was hnaom dnnm in follow the provisions f ihe sntuie sn far as ihry could in followed hot he would ask whether ihis was a case in which could he followed t if it could not then recourse nvnsl he had to ihe tarlih l u wlw on this gmunr that the soicitnr general had put the whnvcjnestlrn and his arguments had been 11 the form of an affidavit lemnlv swear- others wei cfa insfail nf oofaj were lakei he scouted at n sueh an nhjertion were taken in the enclish rmmoflf i would he seenited at onre fi tilionsare irlrd there ftow on their mrrils those htlle niceties f the law so much in r quest 10 t pr alt pre inner v es rreisions rot example passed without remlk whiltahlishet a ful the hon rrnrhmau enjuded hy reeamtnlaung the rptlnm aael the pelilm rinmy lltal it m the peliimne were rlectott pshe electinn scroodlv that from ttl at m ftr of menrs theie r mm lh tv parties had 11 he proper nmhs mpi ihat it riid nnivoeat that the pirtes who hai signed the pen l r p i fieaiinn ht rrrehnhers ma hdj fl tt nd about pieeedenia and hi hiemher far l hd exhi- f iedntlry j cnllectin hi pt nntwiihstandini al thai had sole agamt h hnn fnent f thai hnn gentleman wnum ry well if ivrf hat keen no calnestn res fa jiv 1 2lb km pecedenlsvery j iv precedent weie introduced ipailamenvl m i deal had v hon friend idled a rcald atiihorirrc en aidr il hut he tntt the arpimerf have been all s soslained hy the clearest iossihlc prececent in lower canada he cnf prince appealed to the lawyers on hi side of the hnue whe- iher anyone ihni had een adduced to set aside the argument used hy his hon friend for leds he woud ho wanting in eonmon sens if he said that the precedents which lh1 gen tleman had lreht fofward had heen cnnlra- vened or tht ttwir force had heen weaken- in nnv manner the hnn gemleman had be gan hy eitmg twentythree eases and how he had acquit d the aplilode f applying those without a legal eiuearioo he did not know hul he had brgn hy citing iwenty three- eases which had nrcurred pini to the pasting nf rhe act whieh determined ihe mode in which rnn- temed election were tn he trcd and in every instance ihe oelilon eniitaiued ihe identical of cefloin shoemakers of the disvicl f vjc- ur for duty on all articles manuclired r katfiet frwm the united states of johnpgibba pmymg indcmnlficain for th loss uf hu shop whn h wss burnt during the disturbances on the public works no the the kwr trent in seymour of the mohawk indians f bay of qitotf prating that the wlmle of their rccned land m be sow or appropriated to the religious msirucijon of ihcic tribe of chartra icwitlandthcr m the ownmhip f codmanchrktcr my not bo divided of the rhirion ladies of the hmel thcu of montrvajl for aiilliorily ro invcm the fund ingnj frtun ihecommuiution of ihe tenure f land in fiefs held liy ihem of j wollmofl and othes fr ill tn complete ihe maeadamiod road from quccnslon to in n and sandurh ofjnho irmmillfrihc payment f a bnlanc or cirs i0s doc on the contract for building a bridge on the grand river at biantford with 10 rerest of daniel mcdougal chatrmnn i pwms 1 r 11 at niagara pruying the incopomllon of that town of jnlin mckcnaie and other praym cm pfivsitm for lossjrf sustained hy them in mm qococe of an rocoimi survey by the otrretioo f whkh they ie deprive d of thr vahlc poftinsj fl a trael of land uhngiog to them b tlec got of bcwrly of jxi smith and others memvera ol ih br whigj opifrr per orbsaa djsor church f fngland jcsiding in fsrimsby for an filer itn if the common senl w of ihotiumcesofqueenv cnll tmfst fft och an alteralirn in iik crjstiturmin nf king iolkgc tonts as to aeeuret all eeti-n- of live community fc am nut of infliknce m ihe tvivetiety or that qncens cosle rnay he en dowed d piovifion made lur it eapeoscs during ifir lal three reois of c hates and mhccs f kington for o re- rjueiion f the dulk im teu to 3d per th- und kingst tuesoay jantt 184s eoutstv lcvtrm htt w wwi toeoolo c- j b- mosiuoal pi new orleans il will be seen by the report of the proceed ing in the house of assembly nn thursday lhl th question f the validity f the mnlrcat elec tion has been act at rest and that in a eatisfacrory manner the vote w a pretty clot ne how ever 37 voting for mr gowan amendment that the wrdrr f the day for taking into eontderalion the pciition f tclef dunn andmhers be dr- charged and 35 voling ataintl it mhb mof- fatt and dtuleury did not vote and mr drum- mood paired irftwilh mr guillet on wednesday the obnosiooa act f i oat sewm iopong a penalty f x500 on clergy men voting t eicctioiis was repealed by largo majorily ttie other proceedings of the aaserably up to friday night reif no intereit in the legislative council nothing of the it fg hi cm consequence ho taven place he rone j matter the nerssity fnr which was now cmkoav and tousee n id per lb wcn rmp4th v irtvof paities 0 hesiatuie n wnd were elrtnrs it wasnflicieni i electors he t ion the nr ihey described themselves as uvntthal ttci he first iuffhnnai met tne nst iwjec- point ws wlh reesrd to the citmur t ricj 1 even a counsel woul 11 hi pealed did they nni uu tetwvcj the hon member for leeds argued cse- make why he rr hjei 1 to rhe ceett c hie kiiies in 0 ihe days of snlomen aie not ihought nl now in ihe daysof lon pnrham tie cer lift are wmtririly incompliance with the lw which ncf was ihe hse in he bow ihe law were ihey wisr than the law f wnnhi it n he prepostunus to turn reund and tell mr peter dunn ard ihe other peliinnrs he fifj ihe m- gentlemcn we en not do justice we joti atttj hy uw hail mf hffh 8m lhal tiedenr on you rorwantnfan s t he iwnj gislrare eeilirk rrotding i f erlenan coneluded hy apologising fnr rieiam- the pjrtirs lui lirj h fr br left in- the lnse s ion on a question that ww law the law h n lnr hfli senreely worlh talkins ahoul the matter in i fcm hf h nr lef out my mm mcdosaiokin that il ap nhi to amiin thought it wouhl peered from all the preceftenls ihat had tee n esse nualpat r ftft tft p h rea riled extent the ti of the petition agsinst hie t lino for ihe ai ward i monueal in ihe vea 1852 that the oaths required by taw had heeafwohl herore the magisiries aideeiift ed bv iic officer andhial the naihse out ai fiill iro had brn ifived to the petition tle reliiinii to ffikh e lefned a all eep- tinr had been hamffd it we unnecessiy t inaillri why am lhal ttid known tins ihalthrc was no decson iiiit it landed for on the other side n the house since the vear 1809 they had the case nf the controverted election for the rrhrtv of k- monraskn ami many olheis and in the whole of them th alfi davits were sel forlh at ful tensth and ihe petilioners had always sworn thai ihev were electors if these fort were nnleompherf with where was ihe utility of ihe law fnr he wonld av hnw il wis possihv to indicts manfo perjmy unlessil was known what oath he had taken he was glad ie have toppeak to so many learned quern counsel on isal side of ihe house fnr he was certain that ihev would nol assert that no rvnueht ihat all lhal is required roan would assert thai an mivnual comjil he it could he shewn rniitl thai paihame sod earned or mis hi sriit the thetefoie leeiit find ihereii h he did not rlruse uhich required that nnedshouh declare thai ihey elfrlin it officer were exartl th jsisieo m mil iiowmm ekpliinedto the hongrnlte loon that mr aylixin had seen the papets and there was some danger he would hnn when ihey came up from quebec there was himsef as ho was nol afcutond to them no concealment ihey wete open on hie table f mr cowan i admit ihi hear eir mr lafomtatkr did not attteh any ftumr i h5 arguments welt meielv two or three tftlflt ronmenhrr when the election fnr sophisms if ihe hon member would excuse a jjwyer but he vas play in lln edged tools hid paying v i danger the east ward was contested one of the very mcubeft who is now pioleatd axoinswas ijseei rcd in h election ihat was one coin cidence bui there was another if lle motion made in decenher isst wiih led in tni- election was then decided no person coald say how it was derided j u-tfrjr- netsy ike ssme in te15 the house derhvd that the petition should he nhervedi 39 n rlffrcaf ityilld 12 aauut the ojth whf nntjtedto itjtnilthe nmesol alt the peti tioners whn took ihe jth were not menoued in ir mll cowaat reminded the hon member that that petition was abamfourd mil lavoxtaixe no h wis not ah-in- dmied soucimi qtmiftli siiirwooiy il was m larotaimhnw cnhl thai le cofnuisioners weff appnlntrd lo inveit e onle te subsrqueoi more than the eeit a that vi jli c m in rice ft mi i i miner wa of ike mt celclrated the p lition vrfkl ihn itviwais iejtt fhat priiuon and eontd that be iot jshition was received it was a bctinn mil fwa did not inteirupl the hn gen ttrnnn fur the ke ol inteiciptito iul xrom sooe expresion in the jouinalslhe ncaiiiiir nhtcli be oji net umiefiaod- lieconeliided it was atindofted nourocfed- ii were had on it mr avlwisreid the extrutffon ihe journal mil covah admitted lha the petition ww received on ihat oecasun so was thtsv mr l wajvie referred in ut s contested eleto in whiih colonrl laiitfy 1 olu rtarr slers in c nda eerivrd n lis meii but ny tbe hwe lu stiewed that ofijetttl taw rt wjts nol iecf t leifuce to writing llif oaths ltro relitej f thfj ivxc tbu rifiaht m oe bill ihe lw ihl not 1 quire jiemlr of tie mulrhtj r all ihiisv prcc d shewing tht ihey wre re need in writing ere of no erf ci end when hr mijliair rti ricate wa rnned the law wsut lulrtlfed- tie idnviiled lhl inreiiain ihe eutllis were tn writing anf u kjwii ihit a petiiion wry i iilar lotlirj w- received hv the louse t knew hal il wi n t ism poitance that ltd one should nt be tfcfiic for in tftt eaxeihepelilioiiagaiikt mr an election iiut ftl o h- ginund the vtlnu against the rdum njthv metfrne fne mogatlir who he tivlived was a pkftifsiul incmf j ml the term he read the flaiote laying ths down in his own frshion and conirued st 1 sut his own purpose hut he mr aytwit wonhl read it in a legal irarner and begged itie hnn gentleman lo mflik ihe diftvrence hear from mr ttnwanl and if gentlemen wlrt crierlheni had lgdied law as long as he woum he icrv happy to he en tightened 00 daik point hv their lon eg- penenre fom the mannet in which he reid heloveh self 1 just in hr sane position ns ihe petition wwfcllwl m ave lrt 1 1 jityvsgiwlilil ji kwijitfrtrtv kteice it thai this was ihe hw in knglnd was proved by ihe case cited by mr baldwin some lime previously of the irinl of a petition against the ifrftim for hlonlgomery in which the ojeclior ataiost its infnrmalitr were raised after the petition had heen received after the committee had been stinck and even bet for leed af er the f mmirtee hat chosen its chairman- b the i j the matter in rijhl to asnn essenlialpit tj be rmjusl if u obliged 1 vote against his r aso he uht be extreme undecanv eifrtimtances hot eie the sns of violence ibseh had isien plsce in ihr hecei lht by his vote he ana of keeping up n excite hi again lead to fatal result- ie upon this he must say it was when te r vf w rjttlfml hesiltlion tons he frit hi fuer d- on this ly sorry tmos w- en he irrni an it m eiy when he cntgil be rhe n meni which tf- ave li jeain ire i av wl ivtij r timlbl np if he felt pefy elear npnn lbs point i nemior and if ij m v mid have rf nethin- b ij a fnr him in yibiog heen supplied hh he hen and learned mem er l york had 1 ken when the hon member for quebec ha however the present ease yj- attempted to make a distinction between the tren that the pei law fparliameol and the practice nf parlia ment but hcmrmcdnniwould wish him lo recollect fnrtirr discucsion in ihat house n which thr ri had been clearly laid down rt it was very apparent the hon members constriicreon could not he heme out the fad was ihat he did not know the meanins of prtrtdtot hear from m- cowan j at the contusion here was this sentence and ihcjc are all the j hut the bun gentleman had read these are alt the precedents mr uowak no no all ihe proceedings ma atlwtw whal almhe laws agree ir to the proceedings the thin was ridi culous it was the laws tht were continued in force not ihe proceeding har hear and laughter he must lcn lo teed statutes i properly before ie attempled lo expound them hear hear he o1rnducd alm into the stmuu a different wori front any lhal wu ihere in leahtj perhaps rom a similarity of sound and said all the precedent instead or all the pioeeediugs hut even if t were all the precedents he demed ihit they wete bind ing how often have the courts i law changed their ptecedents thai which wa made a preceded by one judge wac changed hy another and ihei lhar became a irecedettl unutd the hon member siy lhal these pre cedents like hit law nf ihe medes and fer iin never changed t should it be staid tba 1st peihaps a lonupt ptecedent would h he told tlmi a r made ft a time w gowats i beer hear wi iff aw up in the oameteiirts a lis and could nl iheteror h- ceieed f this une not ll ahnwrtl hal there waoo ftfrftftlty inr redutin rhr ott to writing nor even insert lh runes in ihe certificate and wtien ihe o lken 1 was rot otlowed thr menier fit ttnh o joeted shat ckey sshi i matt in the nhiliftn dot only that ftiey ueie elriom toil t i ihvtiusj lb vltctiof tnok place tile fatt renued 10 ich patlieuariry jl riivmeit merely ilial the evrtifie ite of tlni fteas-itmt- holr be gser and ihat it hmm be 4 t the peon when ihat was given most iripffm ftil th petittstts wrr ckmm ithetioieof lto ejior in ih mrlrm ele iiaa nf ifitw ig west wtirrl r iwrd le by he fmart in whirh mr ivajfcei wmotie i tlae pattilorieif it 1 nai slbh thai ihey west ejeetni the umt rd im eleflon tven thr pttlletfl liosjbj fujy ce i a use it bu ijj boilrid t roifiide tbet wer the ceftlltta od lat ih imetby jaw una taun i avlioil lake ty tu folklfof lj neil in iw last ahmua wr tfmrva aj the rrreeieni made at a time when evei- thing wascarriel on hy foul means was a law i goveim him t wh would enter n ih- j citoimancr of i f il he were to be trammelled thus t he nevrr would consent to he bound with refereore to ihe law of kill roti in ry in pailcrrlar the eery fust prin- eipld if tl is ih i we nnil decide every thing ifnii nig to taw not according to precedents im tie lud hjki n nf precedrnls knowingly t med lo have an extraordinary idea that prerrtem in order lo come ar e contrary he mr aylwini boibby himfelf mr aylwmand his friend from the fourth riding tff yoik who had hot orthem staed lhal ihe custom of parliament was rls law the hon member for quebec hf rlsossd thai it ws nol requisite that ihe par ties should fiimally state that they were elec lors and that ihere were some precedents in which that rule had not heen observed per hps lhal wa but if il were the fact wa slated in the my of the petition and it was oavv o be discovered somewhere bnt in ihe petition before ihe house ihete were no mean f ascertaining anylhrngahoul it it had been admitted nn all hands that the presumption of the lawwas in restraint of these petitions hut il appeared that in ihe prceul case the house was in assume everything in favor of th peti tioners and e that would o against the claims nf ihe silling members the bouse wa to presume that the petilioneis had j taken three olh because the imgislrare had i certified that they had taken one and was far- 1 iher lo presume lhal ihe parlies who had sign ed the reeoinizanvrs were freeholders al though ihe judge had nol slated that fact in ht crtifieal nor did it appear upon the record the petitioners were not laken hy surprise in 1 this nailer if iheie were any errot in the j pelrtineii was lhir wn laitl for they had nail peoty of lime nelween the ekcrion and the opening f parliament lo aee that every thing was nit iir proper order and the ho much were willing lo eo into ihe merits of ihe ce t fh air w ibere must be a a dei isioe on v tr conlraty i ihoiigm that lhe irul te a rcieion h for yu trmn a precedntl all ihe trouble that he lk in examtninzihrnttthmit the dusty paper- that came up from qti hrc was intended to woik a ureal impicminn on sone minds which would dntbilcss have been sreaitv increased by ihe production nf fxjr 4x instead ot thir t 01 fy ces it was well however that i h tfek all lh troubfe it ws precedents that they u anted and be would ask the hon gen tleman to produce itljlgti one in whieh the im cjup-iion- were made as this he wa stlh unt nn fortunate in mil having re ad his prrrewts ihrnugh he mr aylwlnhad lint cmim not liuil in one of ihem any state irwoi lliset ihe pelirioneri wee ejeclor at th lime rf the eleition fn srort ihey were in th ve v same terms this mil fpcwirr the attiavils are there mir aviwix was eummf- in them in a mo- meoi nd he would ihew thjt the member foi lpk itid nnl undemand ibe meaning of ajfi- nrtrif hear he the diligence or lhal hon nettabcr wa nioucttve ofstime good conic 1ieuce ami fufmr ayjwiu would take up ihepirreifmlnl the conleated eleclion for the rt ward of montreal in fesm ma twafi 11m peiiioe wa abndon mn avlwihno it wm deceived jid tttted npno mr- i i w so i jhia mn avlwmashosard before it was the fectron for ihe kaji ward of mootreal on ere fore se wouhf do a positive iniusrice nol s in ihe ittine members because they convince him ihe rouie wh for ih knih r he withdrew hi rji anst ive hon mem ner for leerf for ihr fi of amending the 7 fc waseompainerin he wai l f a alter oner was a elertor at the time nr rhe etcctiron f lsffimloie might probably h a vev good toil of a man hul the hows would requi something mnre loan his certificate before u woti insider that ihe evidence a lo the oath- being laken was con- elusive he irumed lhal what he was doing wonld meet wiihihenpptobalionof his con- stiluents but if il did nol he ihnutd be ready to resign hrsseal whenever a requisition from them cajted upon him to dn so- mm william sai that at ihe rime when lhs milter t came wore he house he had heen free to enfrs inai in his ppimon the ie- quiremenisol the taw had been salulieif at rhe same time he wished for a litlle delay in oftter to giro time for consideration he cer- lainly would have heen belter pleased if some case precisely in point had heen adduced and then thee would have heen no doum u- on the mind of any man in the house hut that had nol heen done and how ihen was he to form hi judgment fu this way hy looking at the praetire whieh had prevaitej upon former ecasinns not at any single case but at the pi epotu crating rt idenceof the mode which had always been pursued when he had done so he came to this conclusion that since ihe year 189 there had hern ten petitions rfaiosl rlec linn returns and upon all those occasions the oaths hid been set loith in words at length and a there was an important re why they 1 shouli he so set fmth he came lo the conclusion i ihat the hohe onghl n ainiain ihat iue j jccnidingly votcfoi the amend a tn the cniiiierey who had senl tbem lo the h had not show n vn hus iml i would he miking a breach i itie law if these pei- who cam thereto elaim trlice diif nol have it administered in a fat manner he wag muh amused at the attacks which ihe hon men her for quehee hail made upon the legal inrroi his friend the member for lreds especially that part ofhr remark which efeired to ihe form of ihe eet lificate he eluatty rrowed over ih word under the stiu in lhal cs nade and prn- vided j hut i i wa rilher giirlom circum- slmre that the slilute which empow red ih mistrt lo aiminitei ibe oaths was ol the statalr whieli presrrilied the albs tlmt were to he laken the act which gave the magi trale hi authniily w4 eiiaelil in the flh year and he should ment mb it nun fell lhal hi occasion was an important one am he must ay tint in hi pin- inn thr hon mrmh t for leeds had enliiely tailed in shewing one cje in pcinl because in which a petition wis irjocletfor a similar iiiferoiatiiy the hon zentlemati then alluded lo he remark of rhe hn member for fvrn wall who be said woofi f cei y ut hie statute ihich was u mad in th case f the alh was ii thai reidfiralr must ih the a- mr ifiainbmse wh was neveilln anu provnlei ne of a mueh enrtier date wa to tiusfy he house it sumption that lhi itbahly ws 0 lawyer iofiillime i 0 well accuaineil with nil the ultf tliat he was compeloul to decide nbat oath wa and what was not aeeording lo any partirulat law h had a case 10 point with reference lo this paitmiai mtlci and lie would mention ir atihough it was 3 little an licipatin the busuic of the nal evening uifn the meganncpelilinn in ihr ceiiirirate afhscd to that petiiion the inagilrate atserted ihat he had it ministered ihr wrnng oath 01 rather thl he bail not administered ihe right one and nrohahly if the grntlenian who drew tip the certifies ill ihi ejtft had put it in lbt samefom a in lite meganlic petition tii had ppcificrf the wrong sutut hod been done thre itie inaviatialc just a ready to tug a h the certifjcato which 11 1 1 the oath to be ihr one prrsrihed by ho lluto in thtl cat mode and provide the honourablt member for without tfirikl he rrmrly happy in the good opinion ot rhe iohliiants of the late anrt lloitrtshingtown corrwalf hut wh nughi not to allow cinter non of popularitv even willi so vst a cnfitilmeocy as tba aitect hrt tojc the lh tbhei rencluded by saying ihw he rouhl agamst the amend ment cm pfttkcr sb that from the eurioity manifrsled by ib puhlje and ihe elerjuenre whieh bad been employed ihl evening he found lhal the pieeol question w one of no fsnulf iuleiest tahethei tie impojliure which was attached tn it niihiu ihe houtio arose from sillier of ihe elremttw to which he fial jj inded or whothrl l se from the ra k and weitlh of ihe pafiw eoceinedjm knew mv f whelhei it hrbmed l ire dirusin of the oinl f law in iliupvte hut ihis hr knew ut he attached viiy tttlle imiane iodi rd f the question i ik a great r had bren rid nboul statirtis nd itcrcedeniffl lk as an tcucjith lawyer ll queslmn appeared tn him i realv illf onu amgle indicted for perjmy nnle it eonht h upon what oath he had been sworn il mifhl indeed he done if there were only n oath re quired and the mastrate rriehl b gol t prove the eireumances hot in ea he die hi certificate wwim he of no utility at all it was ihis that erade il neceswy tn out the oth ibait had been taken at full length he had looked at the wtmle thins very attentively and he felt hound out r respect lo the prflbs ion lo whih he belonged to give his vote for the amendment hrrairi ihe plition tto one whirh was faiily nt of coum fo want o force thr hn member for qithee had set out by ne viot ihat the whole of the nhjec linns resolved hemcelve into technical nomls no doum thai wis true hnl if teehoi eat ponts were eol rid f what would beceme ih- nw of the io rhedheev bn1 am lud vned hv he cnlonel peine wfujlil ask why be commander nf ihe forces who perhap paid a rent of 20 or 3f pep aunnmlor bishuse ha nei aeda right as any other person to wlkcjuicly up o the peill mint grve bis vole thenit wascomplin er that thr lronrs wete left in the own ihev ner therr heraue it was a garrison town and il was never ihnught necessary in england fr troops to be ordered out of ie towns where ihey are in guiisoo though il 0melime hap pened that ihey were in lowns where ihey were uttered on the inhabitants then barriers were very much talked ahntil he unierled from cmtlemen of both par thoe barrieis had been erected hy mutual consent so ihnl he thought even upon ihe merit ottrc case hcre was nothing in i and thnueh he woow be ihe lail man to pre vent petitioners frorr bitnging tn their com- plain to iheharofihchnu if ihey eame in a proper maoner he would also be the jst ritan to alow rcspettfhlc inreobis r be dfmnrbed unlers ihe parties who petitioned aeaimt thm came to the house with all the formjl rwcrly fulfilled the amendmeril was then carried hy the following divfioi yius merajol bnuhnn honke chjlmcrs cofville rinimr daly dieksnn dujtan pimlop krmfltinjfl foster gwan grreve llale hull jcssup jirrsrtm fxiuiilicl lawrnn maepeipjcll fcnrnwll maedonald fkinghon treioncll meyer miifncy ivtrie prnee rid dell vrtt evinoul bertrood btaviva hce wood toronto flnuh fmntcnoej simh f iti- wmml slcwart picatott wytt webster avlftim37 xars meswa arm1mng aylwin rildvin berthelm berlrand brnnilheroamctflncauchon chabolchaiiveauchrirftijniers dewiu fcnnehere jnlnn ljcote l rt r- lanticl lourio larnaioe ieilie mctvnuifd glengrrrl facdaitell pundae uoobwll larmont me ihm mom neioo powell pnee rewio rous seau smith venlwoitli taew taschcecou thouipoo 35 trie hut lies that iie eoutiffb busixess wmfillmvi january 15 thr house peeclcd lo ballot foro cnmmrl leeioteytlie rherimnfthc pel it inn of ateandrr mbijm bq against the etafmn of d jb mc lionard rq rbrmonl and after the usgl ftamhud lee conhudcd the commhie n diared t ennui nllho cwn member via t rcj meonnifil melhnf mcc-n- neji hrnvo wotra ummne fete iunli seymotir alurney nmire for petitiooer mut a heutmld nsfflitrt for sitting membl tlkjhnecof ihr ifon mr ppioeiu wo rvpnrtea rrvn twi eleelmtt cominjfrrss ihi aiy noit ale clmlmer and boui pctlec men were eaeuwsr on mtioo nf mfchaeenn leave wa granted otrimitmiitry sm iho oaswl cofuchcd ej ssft to llsri lavt march on hotioai of mr smith of feontene the shmg wembrf ut olbrst nnd periiinre were orrlfred u ehimge lirf xm bieeirrl in nnortierwr 1h kebruar li- v left with lltvi- gent in ihe wiuly 01 oxford and lite rireii of jie pown in crnnrrrr wm tlirceterf to irnnamil 10 iik lihierm f the ons mijirtrr n eerlifei eopy n the arveml in hi- fgtotton euneeied with the lit rrsifjn rr ihe riuniy f oxford 111 f dli ring h iiiin were rod me irliliontifrftfl tlnotien rf fho oiqeeb nf hoglind rcidiiig bl uarwirli nod aife hugion andctarkrtviiu niagtir ibvonafun seuletuertl from the utiitrd slatev of the trutee or quebec tumpke road ptyii for authority to ruiie a further loan f jacqmft loenmplcle llc sflrtk of jacob brown nd ibem of ojeiabror siiji eompenwiion for iniurv to iheir farm rftra orebardt from exnit4ire 5to- during lb coiv itruciton nf ihr si lawrence cansl of g nibcrin and oiberv f mdtcroehe enflirt thing that by the conrraeto m the t awrenee cand they h0 cut off from the imjil nd and llwir proprty ie llttsnb dcpr n ealue and praying eopen col prince proented a report n live peliltnn aiainsl the return nf ii d jcairr ruuirr fr urenvilr thkt tlw mltin nwmbe had a ma- rity of legal vote at ih election and wa- l hen iw duly elected the fnlliiwing petition were trcftfn of rtnbefof the church of eugiant rsdng n cavan in st tliom- nnd io drhnlon to the committee on former petitns of c c erreraud ill rs llhe commllter th bdl fr relief of po nuns having claim ijainh the govern rh ed of a irvine and them of aneaster of mi chriaiii uf g rohinsrio nod ctlwre ind f jaeib drwn and nthersl the com mi tie on reauliarnm canal le- the tetiiion f ihe truuce of queens coh tree w ordered to be prinlrd 2th ceiies- the return to the address firf in forma ton retpeeling ihe lens f the fone 1 h- rice gs ordered lo le printed 5 cinie on motion of osfaiel pnore the clerk or the cnwn in cunevy was fqieikjffjj lur jrift refeireo tn a aotcl irmminee te neder for the cidrrmno nf lite pelirinn igftitist rhe return of mr b utilher ftr st hjs cintbe waspwtpoiied till mondiy ext the bill lo enable nouric lo call eriain mcctmg wa read the second tinc and referred t a seleet committee the hill to ftuthttiao the rceoveey of certaio taies in the huron diitricl wa rta the lecnnd time lift danfop moved ihnt the bjii be now refer red to cnmmiiree f the wfeile mr donitno nvvrdn amendment that nnv be eapunged ond uiia day six mntji ub autjted mr hale moved in nenditent ta mr bd- ons dinendmcnl that ihrec weekit be olllnt- edwhitb wa rwgmvedycis 2 ny 3fi mr snlictlnr rnrnl shrrwood mwel tin amendment to ml bidtnrr omeitdmcnl thai mic week hesuuiitulrl which eras carried the amendment a nmcndrd wn ibcn carried and the main motion n so amended wp aao cr red and ibc liitj ordered lv be committed in ne mtrfc frie bill to indemnify ckrey men who votel at ihe lat general ejection wa read o goeond lime gnd i committed pmgrcs reported io sit afiain on monday the house went into committee on the evrmfi ency of amending the aei for better efcunng the freedom nf the assembly retpent oleftyiocn voting oleteetioos m fuloreandn riution no reported deeuring that o much of ib srm act neorewnr ctergyuo fnvn vnliog be fepabd whch n aidbiion wa adopted- yee2 nnyij 1 vm r- baldwin caocnno ctmlmer colvillc dlj duggao dunvip ennalingil frrt gowan grieve rblf jessup laiirin iur rasn nine oonaldjkingr too maediiellaari- da mconnell mrthot mnftatt povelt prke rnlrtp seymour smiib fntnleitect smith misnaitooij luchii william w navs mcfivti aylnin bfutilicr chobot chaveau dewiu jobio latontaine netton rtjtcao seitltaachcreu ii ml secretary daly prrienled a return lo th addrts for inforrntxr rrapoeiing the issuing of certain militia lymd in in lower canada adjourned wc hove been very much drwpfointcd t not receiving letter fror ihe editor for the prerenl number of the ifvffi whig but disll probably have two for the near to make uu th deficiency in a private teller written on saturday ho sav the only nevr can give you j lhal 14 night 51r sherwood nneuoeed in ihe llouetb intcniinn of gmerncoent lo pay off the rebellion low of upper canada and in thi way tore duett the amount of tvem ticenea to 4 each for the fvnrrnt rimoes of revenue end to by aside all that the mr1trs in eon might impoioinnddiliontoforrn fund for the payment nf ihe interest nd principal of government de- rxolgrctobaowctjepurpo the amount rrouired wa staled to be w00w and ihe time ot repayment i supr no to eitend beyond n prrd of eirrht yer the pmpoo w received rithtro f general approbation and leserat of ihe lwer canada mrmher egpeeaed a wssfe that oenething of tb kind might he nucmntcd or lowrr canada the singolurity of thr plan is lint nslhe towf- keepers were ihe greatest and perhaps th only gainer by ihe rebellion lhay are thus made lo pny ihe losses simco election tik full niurns livw l knglh been publirhed and give slill nwrc deeided majorily foe the in- upeetfir general iha we nulwipstcj the talo of the poll at iik etose in ihe ditterent townfsnpfl was follow roaixson v 14 w jvelc-inirtbnrj- unjlia tiny bb tr 17 3 970 mm 534 370 majority tor mr rotiitton 376 totoll564 w two days later from england the pocket ship qchec herbard arrived at ni w york on thuody morning from london und pofifcnouih wjtli advice from the former place to the i3ili ult 1ic mooalrr earner great britain three hun died and thirty feet long bu been safely mooted into deep water the arehbtohop of canterbury hat announced in intcniinn to summon a meeting of the bench rtf bislrp in cnfjeejuenee of the onhappy agila- i pervading the church of england in order ti dctecrnioe upon tlie observance of ibe rubric il appears r poscyiani it not yet very strong in england according lotiic r court of cmmon council wm hetd io fjondin tn lb 12th f dcccmbr ehiefjy 10 consider a petition for aid ii the cndoirrnvnl of free church in stcilceoin ihe fclda the gront was oppoaed on the ground ihjl to new choreh tfa gl up undrr puseyito iiramcce and defeated only rive voting in it favor when about a hundred and fifty were present franc e want of rorjm compel ut to defee hm routina buhioesa of thursday and fciduy aldrvugh in type it axurioirrce oxvite laciutr luffau fcl fouowiug particulars fan outrage commit ted en ihe lchine canal have bcoi communi cated to v by a cwpi ctildo penvjo on whose vc laeiiy wo pljcv full erfuoec oo niurjjy night lat 111 riclktljrecmenfcnocved at ib door of a rime kept by penau named crt- tian tituated in ihe mtdat of the mitotic on iho cjna and demanded admittance stating lht ihry were fr end and that ihey wnnled to pur- chaac nmc te and sugar fir a ick woman the ilv bemg npaictl thry c mtc in and mido mnie unrcbnf for whieli they lederril 4 five dnnr inll iv alorekocper olmcrved lhal he ihonghl be bad mi gut chiinge and peoeeltd io pen an nccouot book in which he had purrcj aonic note amounting sj or 1 to cc if he could make up ih um finding th if he eould mt hr intd the iltini tvhen ifie if them mntej ih l ho wiejieil i plirehirr bine totmec iiteo a cn ligrtn wjamnopiog conn in git the touecc h wia etiurk m veil ol bl w by one f jn- n irlic whi stunned biro i the nn 1 time the men ruhed nt uf the hnj litkwff witti llirtn th good ihey jid piiretmscil and thr hook runt oning lire when oiitaide uiy 11 norrf uvnlh ta i oatijfin if tut ftiltotrid ibeui and ly witt meant tot cle- juacirf trarrttt jut 16 itie french press are ctive in their animtdvor tnn on the eogrtli for th capture of a tuppeaied lver national tj the shameful letter of excuse addressed by the count rfc st aolatre to lord aberdeen aod the rceiflii of the capture and condcmrimtion of tbo curico a vrtucl employed in the servico of the stile dcrnouauntei that if the ambition of the knglih civeroment hs not become more rttod rate the complniaanec of our rnlera toward it io aty tviihcut bound il i not only at tahili that m juixot and disavow the oinccrn who mainlain the hunor f france he act in ihe me manriof the coat of africa and we find thef a frencb vetswl aeixeel and condemned by the cngihah under protenca that lie hd ceo engaged in tlte slave trade which could not oven with justice be tuapectcd f that offence as he wa employed by lb governor of senega i and ought to hava been ecnbrod belonging tn the royal nsr the owners of ihe curicu have determined m cxhau all p fmbv meant m order to obtain jus tieo all franc will id them wilh their good wihe becaus the queetion is connected wilh the liberty of the teas and with our oilrjui htfinr hut wrw cn they effect against the eoglash aided by m ouiaot whll mm can rjoya col when the ovneraef captured hue years nce but diaciorgcd by ihe tribunal hnve not yet been be to fecovor tbo iodemnity nwnrtcd to tbem would have been had heu to tin muiiail ml le lllemy bad been alaked wiih oril ihe liour iriiutrini i ih fmrrji which find been previously olajvd the iirion tlln wa ihasyw iheprhlon ifol up in the mnner which the law warrant lie aid it wo not ho wifhed in divestj himself f j imriy feoln and ip ive bra vol swmmm by ony other comidsfalkn than a dctlre to do and lrisrnei rtehwrl fiw- and that the oimoh fmdatthoedira may u eoliim nvor in fcrot and llieoeo down lle rsebirm rd tn i ferneaoo mitm rml iho uld r m irr at nrio prtymc mdmutr f hita imained by tl d tl rrf bl w j frjsi wlm wrrn ftlfsvmd in emiitc from it 0 uwyi batiof lcn iral leave in onimmr of thraau ogainot their im by labouron on icarrtl 0y coiaiiviri fitoiflbo wd arc hoppf lo tee by n meaiut- to ihe i 10 the tovrrnv leitml lhal the point f rooiunrmtetiu to fbinel kilijitjort tr hukinjrnd vhluollcrvier lo iv eoneiderrd tre r aervina bavo br0 hilli civd and milpilary and o highly hpprccitired were rliey hut we behrvc in tho two mimwi rf tartm nut irnaninimi vitea imvo ikwo piaa d in uvor if hraoliiiin it in iwen n innjc hfo afirni in iho srartsea f in cumy md wu hum th il for tho ajftsft rennnint of i whurh reniiiu be wdt b ablo lo live in comfort mid tranquitfty markets loam msiuttit de 73 tlii roorfi intr at ih treasury atmurh ihe portion unduv piel if the pending anada cunifaot wat i lken tiy ii immirtld srfht v co at tll that lieiuje ih minimum prirc of tha chtnceltor f tm etrhftiter to ihra firm ihercfiro the- whole km if yw 0 h uaa been aairnrd and it it iinderlneirlriitil will uf exception very am ttl poniio of ir the principal in tbo iranaaotloo art ike mutu i indemnity tutirnoco cnmpnny ttie ovdy ouirr bidding which in imnapired ihat of mr rrfnufrt peaotrird to aei fur a leiliof raakiiieiniko wh tiered 111 j foe ih wlm iiunurit nnd ho wntdd no rlnuht huve rot dilv ifivrn th rrarvod nriee or 1u lor tin ioufii thb mornm by rr mam mil sciui v on bad thvy declined r llieiinivfv nf ltir ofilion iriua them appewtm to hive iwen a i eniuenlinreiu lte fhtinnlfl nf lw vsluoof vuiurur nfultr ih minty heouer as ix th unite ktote xtniruor ivincntfin m nrsaw aadinrf oriieri for kitifland whom a euniraot hi bea enrored into for llie oomlcuetiou of now mammeth gun to reptaon tho leaeemeksr vlfch mnoe burst with ueh ftl tjtoott urily brlwvon hi indhi mm in nmrfcet rrttsl the tlitielhir f ihe hi ticeially when ilfabotlm hi mind ihnt ine iht ul iiiiotitinn of ih kind tak jom when th retrvad prieo wa nenrlv th une a riassr of 9 per rent had laden puce in in but til en to have laken inln their ennrtnvratioe lb erevet af ihn new haiikinjr law whloh hy imprmnf rtr j- uiti upon bunk fenceatly fn tnehiny up tmr iauuresa lis partly hul ihmi uul of tha aaa i uilonoti the petatni oecaion

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