North American. [volume] (Swanton, Vt.) 1839-1841, 1839-11-20

H#ff ASrH# HF - - FF . ~ ~ NV HN wv"
lat DAY uf November last, notifying 90 tho
iahslalsa,s - lhis pfovincr. that The admi-
nittyarna ofeoyrrnment had devolsed upon
vos. ard that yopr Fxerileney bad assumed
lhr samr, wherein is contained the fellow
lag nofds a have. therefore, With the
ad. sec III i,st MsgesIy's Exrenlise Council
81 i1lss afoyiacr, thought ht 10 issue his
psocismalisn. ~ make known the same /:
and ~ hereby fcasjte and command that
aa her Mawktt's officers aBd ministers 10
the said province, 30 continue IN the doe
~exeraiaan IT their several aud respective
oaiees, places, and emp!oyments." IT,,
therefore, appears cvi8eat 50 us, that, in
ssmueh as 10 dissolution of the council, as
constituted by The Eah Of Durham, had
tskeu place. aud "a m disappointment OF
the %couach, org anized under the ins,ruc-
lions - isd ly her Majesty, on the 18th
day 81 Februssy last. had hren made, The
councillors hy the GoverHoF-Geners ap-
painted, were the special councillors by
whom vour Fxceilrncy should have been
advised, from the period whea your Excel-
Ienry fe~asxunied she administration ol the
government ot This province.
ally. Because the said pretended ordi-
nance purpofis 30 have been passed upon
the Sit day NJ November last, at a tine
when no legislature was IN session IN this
province, inasmach as The sail supposed
council, by The proclamation of your Ex-
celieBcy, dated nj the Castle of ST. Lewis,
OF Quebec, on the 81 day Of November
last, was convened TO meet on the 9th day
III the said month ~ November, al the
Government House, at the eiiy 0. Mon
Teal.
II is clear that the body, consisting Of
the governor and special council, being al
together different IN constitution, from
either the eoasifium Regis ~OrdindriuR,,
or The magnum consatum, and being
nouglt else but a controlled and restricted
legislature, must BE- governed, as far as
possible, hy laws and usages Of p%arliaments,
whether imperial or COLONIAL. Nov, il is
80 established rule. that parliament shall
be called 10 meet upon n certain day, and
at a certain place. FdciemuS Sunmoneri,
etc. dd ecrtam diem, ct al cerium
locum, says Magma Charta !; and the rule
IL never departed from. Ii is likewise adj
n,iited, tiiat parliament begins at the day
10 which 1t was prorogue0, aud not before"
Arguing, then, by analogy, we contend
that the proclamation Of his Excellrncy,
ooavening the supposed councillors 10 as
seinhle on the 9Th of November last, should
have been carried into effect BY the assem-
bling Of the said supposed councillors, 10
proceed to business upon that dav. And
This doctrine IS founded upon common JUS |
tice, as the interests Of Her Majesty's sub
lccts require that every special councillor
should have an opportunity OF giving his
vote, and debating his opinion upon every
question affecting the lives and properties
of bis felinw-subjects, and the general well
fare NJ the province , a privilege which he
might be prevented from exercising, by
the circumstance OF the council being as.
sembled at a day earlier than tina, which
was the only day known 10 him, as The
one appointed for his appearance al such
council.
silly. Because, surprising the said special
council 10 have been legally organized, and
duly convened, the administrator Of the
government, with The all of such special
council, could not pass any law tending,
like The said pretended ordinance, 10 set
aside the common law of England, and
wholly 10 supersede the mode of admins
icring the criminal law, hitherto followed
in this province. The position, that no
colonial legislature can enact any statute
or ordinance doing away, or interfering
with the common law Of England, has
been assumed and ably Supported by sevc-
raj learned Jurisconsulis. The Attorney
General Rswlin, thus speaks of the power
Of CoIonia. Legislatures" But, on the
hand, ii cannot be granted that they
are capable To enact, at their " pleasure,
they think FL: for they cannot, by a
alter the common law OF England,
and the settled course oil proceedings
They cannot change the COM
mon securities Of the kingdom" But were
we to admit, in some cases, a colonial le-
may depart from this rule, that
could not impair the truth of our I
proposition, inasmuch as the said pretend &,
ed ordinance, having for lis object 10 set +,
aside, IN this province, the common law OF {
England, TO sbfogate the provision of ;
Magma Charta, 10 repeal the statute Of {
Imperial Parliament ol the 25th Edw. F,
iil. cap. 5, commonly called the statute OF /,
,ressnns, together with The divers EXPOSE :
tion of that statute. by different laws q
enacted since that period, and wholly 10 i
the securities common 10 all the i
evil subjects Of her Majesty, has been >
enacted in direct c0ntraventiou of the i'm. /.