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Lorsque le document est trop grand pour itre reproduit en un seul clich6, il est film6 i partir de Tangle supArieur gauche, de gauche d droite. et de haut en bas. en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 V M di^*- y «w«>«<*r#i ^ ' INVESTIGA^T^'o ic^ OF THE ?>' fV0^ ' Proceedings of the House of JlssemaUflfmtKreference to the contested return of the member- for JViagara Niait ara, 25th January^ TO MY CONSTITUENTS AND FRI Gentlemen : I have, delayed until thi to address you, in consequence of certa ceedings being about to be had on the Pel forwarded to the House of Assembly, com ing of the undue Election and return of Charles Richardson Esquire as Representative for this Town. The fate of those Petitions I anticipated many daj s ago, in consequence of observing the manner in which others on the same subject, were treated by a majority of the House — and now that I have the Decree of that House recorded publicly^ on my particular case, you, and the public at large are afforded an opportunity of investigating the PPOPRIETY — the LEGALITY — and the justice of such a judgment after I have submitted to your consideration the law and facts upon which Ifound- ed ray claim to a hearing. My departure from the Province .—the circum- stances under which 1 left,and my unavoidable de- tention at Halifax, you are already aware of, and that in consequence of such delay beyond the meeting of the Provincial Parliament, I was pla- ced in such a situation upon my arrival, that by >-' s^^ .^ -t^ %^ ^' (^ ^m^\^ '-ijf^j^ ^m^y^ >»r\_^ ■•M'S.^ ^^"^^'.^ BIBLIOTHEQUE -DE — V 9 n V) I r* M. Tabbe VERREAU Division ^^1% Strir t ■«;^ y w: 2 the operatiou of a rule of the House, and a clause of the Statute relating to contested elections, I would hn wholly debarred a hearing, provided the House insisted upon their rules and proceed- ings being legal and binding ; of which 1 have my doubts, and for which I will hereafter give my reasons. My Petition having been already published, it is unnecessary for me to Ho more than refer to it at this time. Finding myself and friends taken ad- vantage of in consequence of my absence, and a Judgment by default^ or rather a non pros signed against me for not appearing to prosecute my suit, I felt the more anxious to procure an inves- tigation of the merits of my Petition, and for thai purpose proceeded twice to Toronto, but finding after several days delay that a majority of members were determined to oppose the prayer of my friend's Petitions, without scarcely reading them or hear- ing argument, J left the City in disgust, and still reflect wiih disgust (as every candid reader I am convinced also will,) after considering the claims 1 advanced for a hearing. 1st. In the first place then, I take for granted that Parliament is a high Court of Equity, com- posed of delegates chosen by the People, to act with justice and to protect the rights and proper- ties of individuals and the public at large : to assist in enacting Laws for the good Government of the country — and to enforce these already in exis- tence. To such a Court I have a right to look with far diffcreni expectations than in a Court of Law, which is tied down by strict rults and with- in prescribed bounds — but even in such Courts where parties have been in default, the most ei. lightened, the most learned Judges and expound- ers of the Law have found themselves constrain- ed to adm tul neglig ted compl ed period lent then, heir rules jumstance •ot be wa It is ge ions were House of the CounI —but it J en ill and the other, I great d Mr. McK :o the mi when the known to turn hom< 13th day > «hat, Mr. nit him County, 1 earlier pe motion w ♦y lea^ Cartwr •VELL, tl ^though i at the He could ha\ friends e vicinity ol complied .ubject,) K x \ X ej to admit parties to a hearing, where by no wil- tul negligence or non appearance they have omit- ted complying with particular rules within a limit- ed period of time. To how much greater ex- tent then, can the High Court of Parliament relax heir rules for similar purposes and under like cir« :umstances. The power exists if the will should ot be wanting. It is generally known that two contested Elec- ions were spoken of as coming before the present House of Assembly — that of the 2nd Riding of the County of York — and of the Town of Niagara —but it so happened that one candidate was tak- en ill and continued so for some weeks, and that the other, myself, was absent from the Province, at I great distance from home. — In the iormer case Mr. McKenzie was at home immediately previous :o the meeting of Parliament, but 1 was absent when the members were summoned, wholly un- !;nown to the time of meeting, and unable to re- turn home until the 11th of December. On the I3th day of December it appears by the Journals, «hat, Mr. McKenzie Petitioned the House to ad- nit him still to contest the Election for York County, he having been prevented doing so at an earlier period in consequence of illness, and which motion was carried with an overwhelming majori- ty leaving Messrs. Hagerman, Draper, Cartwrigiit, Manaiian, Powell, and Cald- •VELL, the only Nays. — Thus, Mr. McKenzie ^though it was admitted he had been in attendance at the House upon the opening of Parliament, and could have then presented his Petition ; that his friends and Constituents were in the immediate vicinity of the seat of Government, and could have 'omplied with every lule and law applying to the -ubject,) was after the expiration of thirty five rA.-" t«. 4? .■am---!r^ -♦««*-^ tM days allowed to present a petition and proceed thereon as if he had done so within 14 days of the meeting of Parliament, notwithstanding he had made no attempt whatever to bring it forward at an earlier period, nor had intimated his intention of so doing — but in my case what was done?aoxi- ous to comply strictly with an existing rule of the House, my friends introduced my Petition, within fourteen days in the hope that I should return be- fore another step became necessary : — but find- ing themselves disappointed in this expectation, and being informed that on the 8th of December last it would be necessary to furnish the secu:i- ties by the Petitioner, were about availing them- selves of the privilege extended by the 27th clause Statute 4 Geo. 4 chap. 4, when upon pre- senting their Petition to a member of the House they were informed, — the rule is discharged — and a conclusive Judgment by default signed — thus being foiled hy inis-injbrmation, no remedy would appear under the existing Rules and Laws, but finding on the 13th of December, that Mr. Mc- Kenzie who had not endeavoured, as I had, to bring forward a petition before the House, nor otherwise attempted to comply withthose rules and regulations, had been admitted to present a Peti- tion at that late period, who could have for a mo< ment doubted that the constituency of Niagara %vere entitled to a similar grant, and would have at once received such extension from the same quar- ter ? Who could have supposed that thoy, having used every exertion to bring their Petition in pro- per time before a committee for investigation, and to render themselves obedient to an existing rule, could have received less consideration than one, ■who failed in both points, viz. presenting Petition, within 14 days under a rule which he McKenzie W. himself introduced when a member — and also in giving security ? Let the vindicators of the ma- jority, furnish the reply. Were this the only pre- cedent, it might be said, it was improperly or un- wittingly made, but i urge one still more in my favor iiou. the Records of P^.rliament, no longer ago than last Session, as may be seen at Pages 16,28, & 104 of the Journals — that James John- son's Petition complaining of the undue election of the member for Carleton, was brought up — and ordered to be taken into consideration on the 2nd of February — but until the 6th of February no security had been entered into, and upon that day a new Petition was brought up, laid on the table, and the same read on the 10th : — on the 18th it was moved and ordered without oppositiotty to be taken into consideration on the following Monday. Thus it appears that James Johnson had failed IN GIVING THE NECESSARY SECURITY REQUIRED BY LAW, still the House and JMr. McKay the mover then saw no impropriety, nor yet infraction of law. in still receiving his Petition. The fol- lowing members who opposed and resisted the Petition of ;wy friends, were a component part of the House who considered Mr. Johnson entitled to a hearing. C. A. Haoerman, Thomas McKay A. N. McNab, N. Cornwall, G. S. BouLToN, F.Caldwell W. B. Robinson, J. B. Lewis, and R. G. Dunlop, Esquires. Mr. McKenzie having failed in (jiving his se- curities within the time prescribed by the House, again requested an additional favor, on the ground of misconception of the law, which was refused to him and in refusing /<2?rt, the Petition of ;«// friends was considered on the same footing ; but .--r "■k" i &»'' '(>■ I beg to differ upon this point — Mr. McK'.enzie had asked a favor of the House on certain conditions : —those conditions had not been complied with, and therefore they resolved he was not entitled to further consideration — but had I asked any favor of the House or had my friends done so ? No, yet I am placed on the same footing with him— surely common sense points out the wide distinction be- tween the cases. — Arguing this first point upon precedents cited (besides others which are re- corded) I conclude, that my Constituents have not received that eren handed justice, to which they are as much entitled as any body of individuals in the province. 2nd. 1 now approach my second argument, io shew that the petitions of my Constituents have not received proper attention and consideration. J3y the 2nd clause of the Statute 4 Geo. 4th chapt 4. It is enacted *' that after the passing of the present Act, whenever a Petition com- plaining of an undue Eleciion or return of a mem- ber, or members to serve in Parliament, shall be presented to the Houso of Assembly a day and hour shall by the said House of Assembly be ap- pointed for taking the same into consideration." &c. &c. &c. ******* * now upon this clause I contend, that any petition- ers have an undoubted right to apply to the House at any time during the continuance of Parliament^ and by the law of the land are entitled to proceed thereon upon complying wiih the requi- sites contained therein : — the word" Whenever" clearly shewing that no restriction was to be plac- ed upor. them in submitting their complaints for consideration : the intention of the act being prin- f'r nzie had ditions: id with, titled to ly favor No, yet —surely tion be- iat upon are re- lave not ich they ividuals ment, to nts have iratioD. Geo. 4th assiog of )n com* a mem- shall be day and Y be ap- jration." * pelition- 6 House rliament, ititled to e requi- enever" be plac- aiots for ng prin- tipally to refer them to a committee and to Ussen the expense, trouble and delay to the parties,— and ** henever" those complaints were bro't forwa\ J, then the mode of proceeding is pointed out. This Act then, having received the sanction of the three Branches of the Legislature, cannot be altered or annulled without the intervention of the same power, — nor can any restriction be legally made as to the time when any Petition shall be presented to the House, complaining of the undue Election or return of any member. Therefore I contend and insist that the rule of the House passed in 1829, whereby it is ordered— " That no Petition complaining of the Election and return of any member, who may be returned to serve in any future Parliament,shall be received by this House, unless it be presented during the first fourteen days of the Session next ensuing af- ter the said Election and Return"— is wholly ille- gal and UNCONSTITUTIONAL, a restriction of the rights of the subject, and a direct infringement upon the powers and privileges of the other branches of the Legislature. But to me it may be answered — why if you re- lied upon such rule being illegal and unconstitu- tional^ did not your friends postpone the introduc- tion of your petition,until your return: my reply is — I was not aware of any such lule, but my friendls havtng accidentally heard of it, at once de- termined to comply if possible, and with that in- tent presented my Petition within the time pre- scribed — and thus by being as it were forced to comply wit^ a void iule — the clause of the Sta- tute relating to the security began to operate— If therefore the rule be void^ and I have been there- by led astray, justice to my constituents demands, that they should yet be permitted to contest the seat of Mr. Ilichaiclson ; but a majority of the House have decided in the negntive, and that the above Rule amends the Law — which I resist as wholly unconstitutional, and in direct violation of all law. Upon reference *o the 27(h clause of the Act, it will be seen, that when the recognizance is entered into it must correspond with the form at the end, and by this recognizance the Petitioner binds himself to "renew his said petition in every SUBSEQUENT SESSION of the then present Parlia- ment, until a select committee shall have been ap- pointed by the said House for the trial of the SAME &c. &c. but if the Rule above referred to be enforced, or legal, no such Petition can be receiv- ed in a subsequent Session ; the law and the rule clash, which therefore must yield ? Surely the House could not decide that the Statute — the Law of the Land — shall be overthrown by a mere rule — for if they should — then there exists no necessi- ty for the other Branches of theLegifelature* — The law must be observed, and the rule (if even supportable in opposition to the 2nd clause,) is rendered void by the positive terms of the 27th clause taken in connection with the recognizance. Withdraw therefore the rule from consideration as being binding and in what position do I stand ? — Why, that by this void rule I was forced to bring forward my petition, sooner than by law necessa- ry, but having so done, (no matter from what consideration, it a ay be now argued against me,) yon appeared before the House, and a clause of ihe ^\^^Mie positively requires the recognizance to be entered into withm fourteen days after the Pe- tition shall have been presented,& that not being complied with, you were wholly debarred— and we will not consider the reasons for such appearance. But on the other hand, I again refer to several clauses o( the same Statute, particularly llio 4lli and 7th whereby it is enacted that after a petition is presented and ordered for consideration the House shall not proceed to any business whatcYer, until a sufficient number of members be present ; and should it by possibility happen, that the Ses- sion wculd close before a committee be appointed, then it might with equal justice be said to me you are debarred, by a fault of the House, and you cannot in either case renew your application, during the following or any other Session of the same Parliament ; — to decide thus in the latter case would be preposterous. No doubt in that they would determine, that parlies should not suf- fer by their neglect, and would receive Petitions during the second Session, and if so, how could they refuse to receive anew Petition where a par- ty omitted to give security as by the acJ required r In the one case the Representatives themselves would have failed in complying with the Law af- ter the recognizances 'vere entered into; in the other case the people, in providing (hose recog- nizances : if the power exists in the first case to relieve under the Statute, and receive a Petition, it is equally so in the latter. But I contend, that by neither omission are any parties to be prevent- ed petitioning, a second time, nor can the first Pe- tition be pleaded in Bar to such subsequent one — the law prescribing that whenever tht-y do Peli- tion,such and such proceedings sliall take place, until it fully brought under the consideration of a committee. I feel convinced that under the 2nd and 27th clauses of the act above referred to, the rule respecting such Petitions can no longer be upheld, and must be declared void — if soj can it then b« said that I am not entitled to contest the Election for the Town of Niagara, under the cir- ^- 10 cumstances attending the presenting of my Peii- tion. But even should the Rule be considered legal, and that I have once failed in prosecuting my Pe- tition as required by the Statute, there is nothing to ])revent the House at any time, upon a disclo- sure of reasonable grounds, from admitting parties to proceed with an investigation where justice de- mands such interfeience — those grounds I have al- leady disclosed, with stronger ones, and who will say, I was not in Law in Equity, entitled to a proper hearing. Take it from consideration how- ever, and how does the case stand ? Why, that I petitioned, and (unavoidably) failed in giving se- curity required by Law. But ^vith what appear- ance ot justice could sixty Freeholders and Leaseholders be denied a hearing .'' Even sup- posing that I should abandon any further proceed- ing, does that preclude any voters who supported me from asserting and demandmg their rights, by another petition, and at a subsequent time ? Sure- ly not — again, supposing that both myself and friends should decline petitioning, do our acts preclude the friends of the third Candidate from doing so, and demanding a new Election .'' No man of reason or judgment could declare that the acts of ore set of men shall preclude all others— in fact the Statute contemplates that several Peti- tions relating to the same Election may be pre- sented about the same period, and vvhat restricts thorn being presented at different times } Noth- ing, (provided as some may say,") they are pre- sented within fourteen days under the rule of 1829— but if no such rule existed, the right of petitioning and receiving a hearing cannot be le- gally and justly denied* Therefore on this giound also, my friends and myself complain. 'M of my Peii- Jered legal, firig my Pe- *i is nothing >n a disclo- tfino; parties ! justice de- s I have al- nd who will ititlcd to a ration how- kVby, thai I I giving se- hat aj)pear- olders and Even sup- er proceed- > supported 'Tights, by ne ? Surc- nyself and our acts iidate from ion ? JVo ■e that the 1 others— 'eral Peti- y be pre- ^ restricts •^ Noth- are pre- e rule of « fight of lot be le- on this •lain. 11 3rd. The Statute herein before referred to also enacts, '* that whenever a Petition complaining of an undue Election, or return of a member or members to serve in Parliament, '* shall be pre- sented" to the House of Assembly, a day and HOUR SHALL BE APPOINTED for taking the same into consideration : and notice thereof, in writing shall be forthwith given by the Speaker to the petitioner or petitioners" &c. &c. By presentation is either meant, *he time of bringing up and introducing the petition^ or the reading the same to the House. In arguing up- on this point 1 will look upon the rule of 1829 as being in force, without reference to the objec- tions hereinbefore urged to it. If then, by presentation be meant the time of introducing the petition, this House & all former ones acting under this Statute have fallen into a gross error, in not obeying tuE dirt^ctions given to have the tame read — a day and hour appointed to take into consideration — and the Speaker in not sending a notice forthwith to the petitioner S^c, In my particular case, the petition was laid on the table two days after the 21, November, a day and hour were not appointed until the 25tb, and a no- tice from the Speaker not mailed until the latter day, nor recfived until the 27th by my friends during my absence, and thus 6 days tre allowed to elapse before receiving notice which the Statute savs shall be given " forthwith." Had I been living at Sandwich, (or any petitioner) then by neglecting to send notice until the fifth day, he in many cases could not possibly reach Toronto in time to give security, inasmuch as the time for Fo doing is now urged to be computed from the introduction of the petition ;if therefore the introduction of any petition is to be considered 12 the presentation, how does it happen, that the Speaker does uot forthwith give notice as required, but waits two days, and thereby reduces the time for givinff security to twelve instead of fourteen days ? Every Spealter sinca the passing of the Act has pursued the same course, and upon every case, even in the present Session ; what then am 1 to argue therefrom? but that the Speaker con- siders the reading of the petition, to be the j^rc- sentation intended by the Statute, — under this view of the casiC the time for fihng securities by me, would not have expired until the 6th day of December had passe<], both days considered inclusive from the 23d of November, and conse- quently no motion to lescind could legally have been made till the 7th and yet a motion was made and carried on the 6th, rescinding the rule for taking my petition into consideration. The same clause having two constructions giv- en it, in reference to the two requisites, viz. no- tice from the Speaker to the petitioner and giving security by the petitioner — but it is decided by the House that as far as relates to the notice, the reading of the petition is the presentation^ and as to the securiiv, the introduction of the petition is the presentation — so that in fact a party is al- lowed by the House, only 12 days to give security, when the law extends 14 to him. The intention of the Statute is very obvious that a petition com- plaining of an undue Election is to be read at once — a day and hour at once appoimed — and no- tice "forthwith" sent to the petitioner, and in the mean time the petition remains not acted up- on, and members and parties have a full op- portunity of examining the same ; when the iaw extends so long a period, where exists the neces- sity of a petition lying on the table two days .'' — iSi j||ie rei j|>resen ■tely 1 orpeti in four first re thereto iquired, Vembe been s My sev( Kule an exte as wel Petitioi just ih; I judged by law notice i then by of th(i ] be allo^ give hi ing- be i as also ' ed— :pi ty of t Januai' lie on on that be taki though iimmedi ■la re not upon pointed And thr that the requiredi the time fourteen ig of the »on every then am iker con- the pre- nder this irities by 6th day msidered d conse- Uy have vas made I rule for ;ions giv- viz. no- id giving cided by 3tice, the ton, and i petition :ty is al- security, intention tion com- 3 read at -and no- jr, and in acted up- , full op- n the law le neces- davs ? — the reading isint*^ 'led by law (o be at once when j^resented, and .' id clause of the act, immedi- j-ltely follows by ujclaring " that no such petition orpetidons shall betaken into consideration with- in fourteen days after the same shall have been first read in the House by the Clerk &c." — If therefore my petition had been read as by law re- iquired, and a notice sent to me on the 21st of J\o- Vember, the proceedings on the Gth would have ; jbeen strictly legal undtT the second and twen- Ity seventh clauses (having no reference to the Kule of 1829) provided my friends did pray for an extension,but inasmuch as the present Speaker as well as former ones have only acted upon a Petition as hoAwg presenled when read, is it not just that petitioners should have *heir cases ad- judged under the same decision and opinion. — If btj law the Speaker is not called upon tti send a notice to a petitioner until the petition be read, then by the same law and by the same wording of the law, in the 27th clause, a petitioner is to be allowed fourteen days, fiom the rtadhi'^^ to give his security : — let the same principle of act- ing be a guide both for the House and its organ, as also the peoj)Ie, until it be set right or alter- ed. — Not only the Speaker, but a great majori- ty of the present House decided on the Gth of January instant, that an Election petition must lie on the table two days before moved on, and on that day refused to allow Mr. IMcKenzie's to be taken up, in opposition to a standing rule al- though the law intends (as I said before,) the immediate reading— parlies thus treated of course are not certain, that their petition, will be acted upon on the third day, or that a day will be ap- jpointed fo"; taking the same into coiisideratio:), ind therefore it would be unjust to sav, the neli- i 14 tion must remain two days not acted upon, and still the time of entering into security shall begin to run. If a petition be read at once and ordered for consideration on a certain day and hour, the petitioner is then assured of progress being made, but m the other case he is kept in suspense till the third day, and yet the House will construe the Statute as requiring his securities to be enter- ed into, as soon as his Petition is brought vp though they cannot inform him, that his Petition will be ordered for consideration Further to shew what construction is put upon the 2d clause of the above Statute, 1 refer to the mode of bring- ing foi ward Petitions — as follows "Mr. brought vp the Petition of A. B. which was laid on the table" — now bringing up a petition and laying the same on the table is not a presentation tothe House, no motion is made for the purpose nor do the House at all act upon it, until the third day, and or that third day, according to the 41st rule cf the House it becomes introduced, which in my acceptation of ihe term, clearly means — presented. Now, if the House establishes atone lime a rule, and the same is recognized for years, declaring that all Petitions shall be on the table two days before introduced or presented, then I say 14 days as allowed by law to enter into my recognizance were not given to ms. The rule for taking my Petition into considera- tion, should not have been rescinded, under the above view of the case, until the 7th of Decem- ber last, and upon that day my fiiends were on the spot ready with matter specially stated and verified, to pray for an extension of twenty days as limited, and which may he allowed under the 27th clause of the Statute — all these facts were submitted to the House on the 5th of January m- cted upon, and irity shall begin nee and ordered y and hour, the ess being made, ill suspense till le will construe ities to be enter- Q is brought vp hat his Petition on- Further to m the 2d clause a mode of brina;- 8 '*Mr. . which was laid ip a petition and ot a presentation for the purpose t, until the third rding to the 41st itroduced, which clearly means — istablishes at one ignized for years, be on the table presented, then I to enter into my 11 inio considera- nded, under the H 7th of Decoui- fiiends were on ciallv stated and \ of twenty days llowed under the these facts were Ih of January m- 15 stant by "sixty" of my constituems, but the same members who received James Johnsons se- cond Petition, AFTER failure to giv i: secu- rity ; — the same ^ho voted that Mr. McKenzie was eutided to a hearing*, though he neither at- tempted to comply with rules of the House, or the Law : — the same who vote that a petition must lie on the table two days, before it is introduced ; al- so in the same Session of Parliament have voted, that a Petitioner shall only be allowed 12 days af- ter his petition is introduced or presented- But when this point of 14 days for giving security is under discussion, what view is then taken of the law ? Why after the House have by their Speak- er — by their organ in such cases on numerous pe- titions acted by giving notice after reading them, they now urge, if the Speaker were in error, that does not affect the time for giving security, but I contend it does govern that very proceeding, for a3 I have before remarked, — if presenting means reading^ as held out to the public on the Journals, as the opinion of the organ of the House on the second clause;the public naturally decides that the same word in the 27th clause is to be interpreted in a similar manner — if the Speaker be correct, 1 have been correct in my proceedings — if incor- rect, then his error should not be allowed to ope- rate to my prejudice, and that of my friends — therefore I again insist, upon this third point, that I have not received under the existing laws, rules, decisions and proceedings, the same consideration, that has been extended to others. 4th. I now approach a question upon another Law, also in force relating to the subject of the election,^! call upon every Lawyer in the House to admit or deny the correctness of ray argument, liy the 4th Geo, 4th chap. 3d Section 6— Every w.n Hi Candidate is required to possess an unincumbered Freehold in lands or tenements to the assessed va- lue of Eighty Pounds; — by the 7lh clause he is enjoined and required, upon reasonable request, to take an oath in the form therein prescribed, and in the 9th clause it is enacted — *' that the oaths required by that Act shall and may be administer- td by the Sheriff for any such county as afore- said, or by the Mayor, Bailiff, or other officer or officers for any county ;city — Borough — Riding — place or place's as aforesaid, to u'hom it shall ap- pertain (u take the Foil, or make the return at such Election for the same county, City, Borough, place or places respectively,or by any two or more Justices of the Peace within this Province" — and "if any of Ihe said candidates or persons proposed to be elected as aforesaid, shall wilfully refuse, upon reasonable request to be made at thetiitje of Electioti, or at any time before the day upon which sueh Parliament by the writ of summons is to meet, to lake ^le oath or oaths hereby required, THEN THE Election and return of such Candidate shall re void." To take such oath, Mr. Richardson was duly required at the opening of the Poll in June last, and afterwards urged by the Returning officer, but did not comply as required by law. The Statute distinctly points out before whom such oaths, shall be madcj and the manner in which IMr. Richard- son has complied, was to take the oath before a single Magistrate, after the close of the Election. Now it cannot be denied that such oath is whollv illegal and ineffectual, and consequently, the Election and return of Mr. Richardson IS VOID. If therefore void, no laches on my part — no delay, can cure it — the Statute makes the Election void, and no decision of the House and linciimbered assessed va- clause lie is 3le request, scribed, and at the oaths I adininister- ity as atbrc- ler officer or : — Riding — it shall ap- ihe return at ly, Borough, 1 two or more 'incu" — and 3ns proposed fully refuse, it the time of ' upon which mmons is to by required, N OF SUCH )n was duly in June last, g officer, but The Statute oaths, shall |ir. Richard- alh before a he Election, h is wholly lently, the ICHAIIDSON 5 on m> part makes the ! House and no existing rale,can sup;;rs'i'Je the la^v in this par liculir — 'tis not a question dependin* upon com- putation of time, nor yet the meanu-.i;- of words — it is declared tliat if certain requisites are not com- plied with, the Election «/m// is void : — those re- quisites have not been complied with — therefore I have demanded and still do demand that the House declare the Election for the Town of Nia- gara, VOID. It is the duty of tlia llojse at once to act, and vindicate their own h,rnor, by dechxrin;:^ the .^eat vacant, and to order a new Election — otherwise they virtually declare, ihit altliouga tlie three Branches of t!ie fjsgisiature, h.iva pvsscdalavv to fhit etftict, we, one of tiio^e (3ranch5s will neutra- lize its operation. Vv h.\t lawyr-.r, or \vh u man of common understanding will urge in the face of the Statute, anil every precedent and decision in simi- lar case^, that what is void, can ever be rendered otherwise, cither by omission of p.irlies to com- plain — or l)y my wilful d'^fault. — Vny Inhabitant has the right to represent it, and when represent- ed, the action of the House shDuld be immediate- ly applied, i have already urged this ohjeclion — fwice my friend-j have done so — I u )W repeat it — and again I will appear before the Hjuse to de- mand inteiference, at a convenient season, until I either obtain my rights, or receive a final de.ni- al. 5t!i. Lislly — I shall for the present conclude with a few remarks upon a course pni^^ned towards me, adding ixjuky to a denial of my just rights. It will be fresh in m^nmorv, that after the reading of my Petition, in November last, !Mr. Alma of this Tow.i presented a Petition also, com- plaining of charges contained in mine — procured a committee to be nntiointed, (none of whom were ► I unfriendly to him,) and not content to wait until I should appear to support the affirmative, attempts to urge a trial of the negative, that, he was not guilty of any improper conduct. This does not much astonish me but what I certainly am aston- ished at, is tlie document submitted by tlie commit- tee to the House, and by it received. The peti- tion of Mr. Alma was drawn daring mil absence — presented (/uri;;^;" my absence — referred during mif absence and reported upon ditting my absence ! ! ! of course this was just ! ! ! coming from the high- est tribunal in the Province — but my absence was attributed to something more serious than de- tention — and 1 ask, how would that committee have felt, had it pioved true that 1 had been lost jjrevious to the date of their report '^ it might thfrn liavc commenced with these words—*' That in consequence of E. C. Campbell haoing departed ihis life &c. and there being no person authoriz- ed to act for him, — your comiidlfee conceived it improper to proceed luith the exaininulion of witnes .les 4'C. but however cannot refrain &c.— Now, had the fears of my fritmds been realized — the report of the committee made asjaiust a deceased indi- vidual, would have been a noble document to pre- serve among the Aichives of Parliament !— an anomaly in Legislation, for the admiration of future generations ! ! ! As it is however, it still exists a document sni generis, — -a Bill of rights, a declaration of wrongs, and an example to fellow Jurorsor committee men, to enjble them ivilhoul evidence, to find a verdict for Plaintiff. The committee,\vho were appointed upon Mr. Alma's petition, were well aware of my absence from the Province — and also declare that no person was authorized to act for rae — they send no notice to my address of their authority to investigate and 1 ts ot lOt lll- it- nui I t gh- IlCU de- ittce lost Ihfrn at w irted oriz- ved it vitnes ,v,had pport iudi- pre- l!— an km of It sliU [his, a fellow iilhoul The llma'.s Ini tlie was lice to Ic and 19 report—and declare they did not proceed (o take any evidence— YvA, by the very document deliver- ed to the House, they assert, that Mr. Alma had Witnesses in attendance for the purpose of rebuttinjj tho charges complained of by that Gentleman. How did the coinmiltee know, for what purpose the witnesses were in attendance if they did not receive any evidence ? Did Mr. i^lma i-iform them of that fact ? if so, that looks as if an ex- parte statement had made some impression, and the tenor of the Report corroborates my opinion. If no evidence was received, forwhat purpose was the report made } and upon what founded ? No Jury could render a verdict without evidence — no Judges could decide without evidence, and surely no committee oug^ht to report without evi- ednce, further than to declare to the House, that they could not justly proceed in consequence of absence of a party — but how can tho committee justify their report, wherein they " express their sense of the injustice and impropriety in thus gravely chargin;» any man with crimes which if true would render him totally unworthy the re- sj)oct and confidence of the community in which he resides. And then by failiiNG to attempt ihfir proof, prevent the person thus assailed from defending liimsolf," — and how can one part of the Report he upheld as consistent with the other — the committee in consequnjice of my absence could not proceed to take evidence — and yet they render a verdict, declaring that Mr. Alma had witnesses in attendance, for the purpose of rebut- ting St'c. and also tlat I had charged him with Climes &c. Is that not rocoivinfr evidence, and Irom whence? why my petition^ which was a docu ment, not for their examination or report, it was pre- pared for a dilferjnt committee, to be composed of a greater number of members, and where 1 would liave h.id the li^jhtof stuiking off an enemy ; on the 9lh of December when this Repot t was made, the proceedings upon my petition had fail- ed, and therefore I conten', it could not properl)' come under the examination of the special com- mittee, and at any rate, they were delegated to Report on Mr. Alma's — not upon mine. But even for a moment admitting their right to examine mine, was that not receiving (>videnc3 ? anJ what is the result ? why inatempting lo furnish a /tea/- ing salve to Mr. Alma, they apply na cxcoria'ing one to me. No evidence was received, yet it is reported,! chargiid a man with crimes, and failed to attempt their proof. This Report is delivered to the House, is deposited amongst the Public Records and goes forth to the world declaring me a slanderer, and causing it to bo supposed, 1 w.n^ at home, and f.iiled " to uUemiit ihe proof." This of course is all declared without evidence ! ! ! on either side. I cannot forbear loudly and repeatedly to com- plain of iLie course of this committee towards me — ABSENT fiom the Province, umieaiid and LXTHiED I am condemned ;Tilhout a tittle of evi- dence ; and by circumstances beyond my control, i'.m even prevented arriving in tim?, to arrest tlie Judgment. But let me asU the committee, why dill you allow me but o.\E day ; (the time ap- pointed to investigate my I'etition being the 8th) you decided on the 9:h and reported to the House? Wiiat urgent necessity did then; exist for such a course.^ liad I been at home and proceeding with iny Petilion, you would not probably for two weeks or more have known whether I substantiat- ed my charges or not.-If therefore,! being present, your Report could not have appeared for many '^^ys, .SI c/e/it n act of , it-uthout Pfobaiio ''ini — <' t'/nejit " cciil wif, ff^t tkit s'range/y «J thii rel -—lie bi-in the re fore ^''itiment, iuiiocent ( nJittoe (l)t.., »S:ai:ist mo, ^^'»se, f cou 3»d accordi P'-esunied to Jfheconimi '"■^iteportof ^U'de. fL. ^■^r^' can Va,. . 'ionor to it's ' ^'^■<^'T candid iv- r-'prosentcd ro t/j U'li.ch were f.,,-. I i ) s l- ^y (\' 10 eu ne hat a/- nig ilU liled ered aWic r m3 was ThvH I \ on I com- and ,f evi- >tro\, bt the why he ap- 8th) House? such ding lor two intiat- [esent, many lee .21 'lays, surely my absence ou;Tl)t (o have been sulfi- cieist reason for an equal lapse of limp. As an act of Jusdce however towards Mr. Alma, you without having receivdccidence record your disap- probation of the course 1 have pursued (ouards him — " fully acquiescing in the truly British sen- timent " //<«/ cve/f/ man is presumed to he inno- cent until he is proved icH//,'^"but yovj seem to for- get that such truly liiiti.sh .sentiment you have stran,T;t;ly misapplied : you seem, to have overlool:- ed the relative hitualions ofMr. Ahna and myself — he beinjT complainant a ul I defp.ndaxt — therefore I say I acquiesce in tht; truly Biitisli .sentiment, " that every man is presumi d to be innocent until he is proved <^uitty." — The com- mittee themselves who were appointed (o decide on this Peiition declare they ri;ceived no evid(.'nce, theiffore 1 ask, how could they return a verdict against me, for until the complainant proved his case, I could njt be called upon fur my defence, and according to the truly liritish sentiment, aw presumed to be innocent till proved ^nillij — Sure- ly the committee cannot reply — we iiitv;nded that tho Report of tbe Greru'illo committjo should be our guide. Thus have 1 shown the sandy foundation of this important performance. H fore can the admirable superstrnctui honor to its build.Ts .' ' ! I ! ! ! ow long iherc- roiLaii), an lit u Bat allowiiv^' tills Ileport to have ul! tlie wc entitled to — aiul admit for a inoaient i;s legality and regularity, my subsequent proceedings imist convince every candid readjr ot" tlio exceeding injustice doiie nie, when 1 refer to a meetintj held on the 13th of Deccnibcr, whore I repeated in the face of the Town, v/'aat 1 had represented fo the Parliament, and receivcL' the support of respectable individuals, in tlie shape of resolutiotis, which were forwarded to every member, de.'3iring to pu^ i% ntc to the tost. But since my return, what has beconrif of the witneascaf who were in atlendiuice nt Toronto (as rlic committee positively nsscrt,) for tlie purpose of rebutting the clinr's made by me 1 they have vanished into thin nir. Why f ask, is that Petition not renew- ed 1 No 14 day rule, nor any Statute can ])*-ovent that course 1 but it is not adopted. VVhy was not my Petition prayii r^ for a iiearing received 7 and why were my friends denied a hearing wlirn they desired to put me to the test to support my riuirgcs, or be condomned, for their justification ? — Twice I performed the journey to Toronto to urge a hearing, and to phice myself ready for investigation — but although the member for the Town takes upon himself to assert thut my charges were frivolous and vexatious— yet he rejoiced at the chancp of moving on the Gth to debar me ; though Mr. Aliuti says they are false — hi has not dared to renew — and though the committee iri//ioiU evidence record their dis- approval of the course pursued by me, they cannot vote to try the merits —I have tkrown down the gaunt- tct, which none dares to pick up— I have endeavoured 'o goad on to the investigation — but none dare approach it— and every member of the committee Pkince, Ro- BixsoN, and MuimEY !!!!!! who reported against me without ccid'Hce^ and during my absence, voted against i'E[iMiTTiN<; THE INVESTIGATION !!! that surely is more than an act of Justice to Mr. Alma, that this commit- tee when they find me no longer absent, but pressnt, ready to risk a Report founded on evidcucCy should vote that I be not heard — (tka junior one of whom give as his reason, and as a powerful argument— " The FACT IS, I do not mke the man.") In conclusion, my friends I assure you, that I have used every exertion to procure a heaving, — I have urged Law — I have ;irged Equity — I havo 'i,,f:(i j^recedents — I have entreated— I have prayed • i u- c nanded a right— I have begged as a favor, Umt 1 might be al- P. the foJ ^ed upo y ly l\e ive i\ce tvnd cVi3- nnot lunl- jured voacU Ro- ll w® MNST move (nmii- csent, ,\\ou\d kvhom ienl- — have ; urged knts — " fced I? . be al- ts lowed on opportunity of substantiating nil my charges —but all to no purpose. Th« House by its organ, have misconceived tlic Law^slill ihey adhere to its proceeding under fivich miscon jifion — and the commit- tee have without cwdence reported, and nov^ 'losire to hear none— I tell that committee in plain terms-^l can prove every allegnlion in my Petition, and am ready for the onset ;— and under Mr. Alma's petition against me, fully accord to the truly British sentiment — " T/n/o every man is presumed to he innocent until proved guilli/."— And inasmuch as, I have appUed in vain to the House of Assembly, I now appeal to their princi- pals, the People, whose determination, I can readily anticipate. Expressing my satisfaction of the correct, honorable, liberal, and statesmanlike view of those who voted to give me a hearing, I conclude by subjoining the names of those who after hearing all my clairaE , refused to permit an investigation to take place. Aikmaii^ Draper, Manuiian, Armstrong, Dunlop, MarkSj Backus, Ferric, McDonell Gknganj, Boullon, Hoiham, McDonell Nor thumb. Buru'cll^ Jarvis, McKay, Caldwell, Jo ties, Murneyy Cameron, Kearns, Robinson, Carljcrigfit, Lewis, Rut tan, Cornwall y McNab, Sherwood, Dellor, Malloch^ JVickenSy Duncombe ( Oxford ! Determined, not to remain silent, I will yet further causo myself to be heard, in the mean time Subscribe myself Your Ob't, &c. EDWARD C. CAMPBELL. P. S. ' )n the 9th January inst., Mr. McNab made the following remarks, " he was opposed to being cal- led upon every day to entertain petitions of this nature. I I 24 ^liis House will not depart on account of Mr, Mc_ Kcnzie & Mr. Campbell from its rules. Fvcry Jus- tice lins already been extended to eotii parties, and ho could see no reason why t.lic House should trouble itself with these Petitions. He should therefore move tliat the House take no further notice of them." As an aspiring' leader of the House, I take for granted Mr. McNab would state nothing, which was incorrect : but 1 beg leave to ask him what Justice had already been extended to me'? I had been once before the HoiisCj by right under the law of the land, now I desire him to justify to my constituents, the above asser- tion. I deny any extension whatever to me at that time : — and since that speech, the public know the dc- icripfioi of Justice. E. C. C. I'RINTRI) AT THE REPORTKU OFFIf'K.