^■vS- ^, <9 ^ 0« ^.y / IMAGE EVALUATION TEST TARGET (MT-3) /APPLIED IIVMQE . Inc 1653 East M n StrttI noch«st»r, NV 14609 USA Phofit 716/482 0300 Fax 716/288 5089 e 1983. Apptiad Imag*. Inc . Ml ntgMt HaMivtd i& w tax 1«X X ;ox rs* »» y i«x i9X a* I'll St ^ vue on t The copy filmed here hes been reproduced thenks to the generoeity of: Nationel Library of Canada The images appearing here are tite best quality possible considering the condition and iegibiiitv of the original copy and in Iteeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. 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Tous les autres exemplaires origlnaux sont filmAs en commenpant par la premiire page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derni*re page qui comporte une telle empreinte. Un des symboles suivants apparattra sur la dernlAre image de cheque microfiche, seion le cas: le symbols —^ signifie 'A SUIVRE ", le symbols V signifie "FIN ". Les cartes, planches, tableaux, etc., peuvent Atre fllmAs A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est film* A partir de Tangle supArieur gauche, de gauche i droite, et de haut en bas, en pranant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mdthode. n }2t 1 2 3 1 2 3 4 6 6 1^ NATItlNAL IJBRABY CANADA vmurrrHkovn nation \lr 3 /y AMENDED COPY. ARGUMENT OF COUNSEL Oy BISrORE TUB I] lJli\ IN TlIK CASE Of J. C. RYKERT, ESQ., M. P., In re Grant of certain Timber Limits In the North-Weet Territoriea to ons John Adams in April, 1882. Mr. MoDouoall.— I intimated to the Committco, at its last moctinir. after it was announced that no further iwidenco would be given, that I was inclined to think 1 could add little, If anything, to the explanations already made under oath and had advised my client t.at he could safely let his earn* rest upon that evidence alone ; but as he was of opinion that there was some mif..w)piehenHion out of doors if not in this comin ttee-room, as to the position and ihe rights and liabilities of Members of Parliament and the uidicial functions and powers of the House of Commons and that It might be weh to examine these Questions before the Committee, I deemed it my duty to suggest another si ttin^f for tliat purpose. I promised at the same time that I would not weary the Committee. I believe I limited myself to one hour 10 enaole me to do justice to the accused momber, and keep faith with the Committee, i have co lected and digested a few authorities, Englisli and Canadian Tf this Sao "°''*"'^'*°^ *''^'"' "'^ "'"P'^' «»ffl«i«ni to justify an immediate dismissal The first question which presents itself to the Committee seems to be this : What of SllnZ^V TU n'"r^''/,f'r ^'""°''.' *"^ ^'*^'*'''- *'«'"'nitted against the Ihw «L KiS J lu ^Y ^'''r ''^ ««^l''«"^« does not t^l us ; dooi not nTme or specify any breach of that law. It savs •« that the attention of the House has been culled to certain documents, le ters and statemonts published du.ing the present Session in the Votes and Proceed ngs of this House," * ♦ ♦ .. r^,„fi ^^ ^^e connec or, of John J,'h«.; es liykert • &e., " with a grant of certain timber limits in the .North- West lerritories. It is not alleged or proved that John Charles Rykert published l..?!2.'"'i*.7 T «""^"'n«"g "r roflocing upon the House of Commons: If the Kf- , ZV •* "*"'"^'' :' P*' Hnniont, concerning his own business affairs, written out. of Session, and making no reference whatever to the House of Commons past present or future are not ;>«M/«Aerf by him, upon what principle, according to what precedent, does the House of Commons take cognir.ance of such letters and S?/- & ?»*''"••»*'"" "f <]'«'"? Kvary lawyer knows that it is not the man 'who wri/M but the man who publishrs, a hM who exposes himself to an action. " In a frr. j!. ' iT^' ^''"■'*i*' ">**'•"■" «"y.«vi'l«noe CHM be given of its coaUmt*, prima facie evidence must be given of a Dubllcalicm hu the d,'f.e to assert that thev are not. I venture to assert that no precedent can bo found in the ])arliamontary history of England since the Revolu- tion to warrant expulsion for professional and private correspondence such as thi«. The boat authority on this subject is Sir Krskine May, and I will take the liberty of quoting two or three passages from his admirable book on Parliamentary Practice in Kn^and (pp. 60, (51 of the Edition of 1873) : "No power exercised by the Com- mons 18 nioio undoubted than that of expelling a member from the House as a ptinishment for (jrave offences : yet expulsion, though it vacates the seat of a member, and a new writ is immediately issued, does not create any disability to serve again in Parliament." After referring to the oases of Wilkes and Walpole, Sir Erskino May concludes with these words : " But all of these cases can only be regarded as examples of an excess of their jurisdiction by the Commons; for one House of Parlia- ment cannot create a disability unknown to the law." If, therofoio, I were to admit, which I do not, that the Canadian Parliament and the Canadian House of Commons now have, and may exercise all the powers oUimed and exercised by the English Parliament and Commons in 1867, 1 would demand IVom this committee a declaration that no evidence had been produced of any "offence" cognizable by Parliament, or either House thereof, which had affected or could affect tho seat of the honorable member. But, Mr. Chairman, it will be ray duty to point out in this case some Important distinctions between the English House of Commons, and our Oanadinn House in the matter of " privilege, immunities and powoi-s." Theirs are to be found in the deci- sions and precodojits of former rarliamenta ; ouis are conferred by an Act of th« Imperial Parliament, passed in 1867, as amended by the same authority in 1875. This amendment was made to remove uorbts as to the power of the Canadian Par- liametit, even to pass a Statute, to define its " privileges, powers or immunities," The following is tiie law as it st-inds to-day, and no English precedents from the time of the Stuarts, or even »ho Georges, will over-ride the letter of this law. The new sec- tion in the Act of 1875 reads as follows;— " The PrtviloirOB. immunilioa unil nnwnra tn \w hnld nninvoii nml <>vapn!aa)J'J1''». P'iviloges, Ac, under the authority of the Imperial Act of 187S. The Act of Parliament "defining " the powers and privileges of the Canadian House of Commons is yet to bo passed. IT ^"^^L"™ content to argue this case upon the hypothesis that the Cimadian House ot Commons has the same power in respect to the expulsion of its membe;s as those now claimed and exercised ay the English House of Commons. I submit, then, upon the authority of the latest case, that of James Sadlier, that a grave ortence," to use the definition of Sir Erskine May, must be charirod and proved against a member before his seat can be attacked. In the case of James Satiiier, then member for Tipporary, which is the lateH precedent supplied to us by the English House of Commons, Mr. EifKgerald then Attornoy-Genoral loi- Ireland, laid down the rule of procedure in such cases as tollows: J iF'V"? ^*" hi^fiv.t) the House pionor evidence of the following facts— that on the 4th July informations were nworn l.efore a magistrate against Jamos>Sadlier and that the ottence sworn against him was not felony or a misdemeanor, but that of conspiring, with his deceased brother, John Sadlier, to cheat and defraud iho public by means of false representations, &o. They had also this ovideme, that on the 4th July, in ccmsequonce of thUswoin infoimuiiiin. a wurrun.t ws- i-sufst! air'ssssat Jjinss'-i Badiier,' Ac. " that bills of indictment were presented against him to the Grand Jury, and on the ovldonoe of three wllnesses a true bill was found against him, and '^^tZtnTj:n-l^^^^^ the Jucl,o of A«.ize Vol. CXLIII ) npp.chcMiHion, &(.." (Sec English Hansard of 1856 Attorney Gonorul among >, ^ t hlnln afZT U Z% ''*"'"'^. !^ ''"^'""^ ^he any thing before them " '' thit fhrMrn, .A . '"**/he House could not "act upon affected by election p^titonn dV, md 1 Klf to"/'!;^^ ^««J'«^'^ ^««««t« once exercised and n mMne ca^.s Li lit . i ^T^ i''*^^"'' "^ "'^ P">«^«r ^hich it HmitH, and had dccid d ZfinT . ! .^^ Lad conhnod that power within narrow like legal oSrtr,. T ZeVZ"^^^^^^^^ '"^ ^ «"'^«'* by something the constitution, the Ifou e S not to fvl l/^ ''^'-'T '''"''' '''•"' ''"^'"fe' ''^'^^-^ ^o liminary enquiry-without e tWc >.?,.* V'^ a judgment without a proper pro- tantamount to it " ^ aconfession of guilt or an amountol legil evidence some pies of th can only exclude or ex, cl t lo n fbi Hom, .1^.? r^^ T ^-n 'i'^"^*^'"' this House land or tor Hon.o ^V^n,i':^^:\J;:^:;^^^^ «^^"'>'-hed by the law of the fled from iuHtice. ^ ^'" ^" "PP'^hend him, ho was expelled as having fled from justice. Now, there is not has Adam of HC- nt I ^ lin' ,; Hf;;;:7i,i^^^^ 1".'^'"^^' '^'"^"-^ '« '"••'' client, L'^sion. and, as wHlu, I v„ T "^^ '•""l"'*'^'^ t-mvespondenco, out end, to the act on o I>u- lianu t r f \ ^^ v^ ref,.rence, from beginni, g to of his seat in he Co mn s i '-1 1 1 ' ''""*•"' '"' '"«»«""*'« '^i' the writcrV , constitutional Zi^Trir ''^^1^^''^ J^ P"^«»- '""» " function wiic eason h the constitutional Acts have not assi^; i^ t '^ n ''''''1'' '"" ".^".'"'tion which the administrationof justicea'cl^rirnl. 1 J\'T'y T' ''•'''' "^'^'<" ""^ cnts, and and character, the ei.MM,,," re m , M^^^^ '\'^'' '"" '<".'7UMge of their oxislencn o.. any fornu.; ..ccas io Ar ' I ave « Wi ll!''"'''' ^'•'' » '"''^r' "'".inrity than mentary annals furnish us wiil.Vv.- i *V' ''"•"''' "* ^'"""1"? Our parlia- andMciven^ie^uv tl^:\;:;;:,^^^^^^^^ The expulsions otclriHtie his persecutors under lm'ou d ' , .. I " ' i> <'Kcn/.ie. lie lived to see most of tion especially 1 1 u tor Hv ..•'"*' ""''"* T''''''^ ""^ '•*" l''"'liament. Persccu- would nVver Imv. u.i ';,!,: ^ I! '^ '•"»'"''"">^ "!!'' '"""^•"-^ "'"t •." those and other ,MVce en s 1 ( . I m i. V'''*"'r' "'' ''.'.•"''^•"' ""'^'''"- '''''>'» even censure, in the ,rm,nt cZ J ' '"""'■'" '".P'T'"'''. t''«lt expul .....u.. '."J .l"^«'*c'>\<»'