New-York daily tribune., 1858-11-25
CANADA.
Prom Oar Own Correspondent.

Prom Oar Own Correspondent,
ToRONTO, Nov. II, 1853.
On Friday and Saturday last the writs against
three members of tine Administration for alleged
illegal holding of their seats in the Legislature, az
ter they had been vacated by the reaccept'nce of
Office, came up Tor argument before the Judges.
The suits against P0stmaster-GeDeral Smith and
Mr.. Vonkoughnett, Commissioner Of Crown Lands,
were brought in the Court Of Queens Bench
that against AttOrney-General Macdonald was
brought in the Court OF Common Pleas. The case
of the PostmasterGeneral first came up for argu-
ment; and as matter of course the arguments
in the other cases were little else than repetition
of those used in this. The argument COM
menced by Mr.. Adam Wilson, who was followed
by Mr. Patterson. on behalf of the plaintiff, Mr..
Allan Mcdonald The circumstances under which
these suits were brought are these: In the month
of July last the MacDOnald-C Cartier Governor
resigned on a vote of the Legislative Assembly,
condcmnng the selection by the Queen, made on
reference by the Canadian Parliament, which could
not agree upon any one place as capital, OF Otta-
wa, the permanent seat of Government for the
United Canadas. Mr.. Brown was called IN, as State
physician, at this crisis, aud he, with the as
sstance of Mr.. Dorion, acting on behalf of Lower
Canada. formed Government. On the first night
of It's existence, both Houses of the Legislature
and the Ministry asked the GOvernOr-General to
dissolve Parliament This his Excellency refused
to do; and the new Cabinet after holding Office for
two DAYS resigned. The old Government now
went back in slightly modified form; and they
contrived so 10 manage matters that they did not 90
back Ia their constituents for reelection. In l-57,
the year before, a statute had been passed prOyid
ing that a minister might resign office and ac-
cept another within II month, without being
quired 10 submit the act 10 the judgment 0f hs
constituents. This the Cartier Macdonald minis
try did; hut IT is cOntended that IT was not done in
way that was legal The counsel for the plain
tiff i'm arguing the case of the Postmaster General,
took the ground that when the Ministers resigned
i'm the first instance they ought To have had IN con
Temptation the acceptance of other offices;
that they could not resume office after an
intermediate occupant had stepped in; that If they
could legally have changed once they could not
change twice. and that the acceptance for one day,
IN the case of Mr.. Smith and Mr.. Macdonald, of
Offices which they did not intend 10 keep and the
duties of which they did not intend TO perform, was
''colorabe' and fraudulent. Mr.. smith and MIR.
Macdonald made two changes, IN order 10 come
within the provisions of the statute. The law
simply provides that iu cases where Ministers
change one Office and accept another within
month they shall not forfeit their seats IN Parlia
ment None of them could therefore, 60 back
directly to their old Offices for in that case there
could he no change. Mr.. Smith was therefore
gazettcd President of the Council, one day-whlch
was change from the POstmasterG Generalship-
and the next eazetted to his old office, having
taken liberal advantage of the law by chang
ing twice Mr. NonkOughnett changed but
once, from the Presidency of the Execu-
tive Council TO the C0mmissonorslip ot Crown
Lands. MIR. II. II. Camaron and Mr.. Ecccs
were engaged for the defense in the case of Mr.
Smith; the latter taking the extraordinary ground
that the statute under which those changes OF
office were made unconstitutional; that 1t
interfcred with the Union Act, an Imperial Statute
and should, therefore have received the express
and direct sanction OF the Queen which IT did not;
that the Canadian Parliament, being created by
superior power is of The nature of a corporation,
and as such cannot alter the conditions of MS own
existence For these reasons he cOntended that
tie statute was unconstitutional and VOID. IL Is
d flicult to understand what was To be gained by
this line of argument; for, If the statute under
which these changes of Office were made be Nod,
then il is clear that Ministers would be IN wrong
box. for they could not for a moment pretend To
right to sit in Parliament, except one, Mr.. Ross,
who is Crown-appointcd Legislative Councillor,
8nd holds his seat for life, after their reaccepdnce
of Office Judgment was deferred in both Courts,
but will probably be delivered IN short time.
All The Ministers thus brought into Court are law
ycrs: but not one of them pleaded his own case
or even appeared in Court while the argument was
gong on. Should judgment be in favor sf the de-
PENDANTS. the cases viii be- appealed, first 10 our
own Court Of Appeals, and ultimately. ID neccs-
sary. Ia the Priyy Council in England. Ii has
been announced ON behalf of the plaintiff, that, in
case of Judgment going in his favor, he does not IN
tend 10 levy for a cent of the damages, which, IN
each ease would b. from $4,000 10 $4,000. III
said that the leading counsel for the palntih has
little hope OF being able 10 get verdict.
1t has been publicly announced that one of the
three Ministers against whom these suits are
brought Attorney General Macdonald is on the
point of retiring from office. Three of his col
leagues have been in England nearly since the
commencement of the recess, on business, II Is
said connected with the projected iuter-coloral
railroad and federal union of the Provinces.
Lord Bury, who is here on business cen
nected with the Galway and Halifax line Of
steamships and the inter-c0loual railway, stated,
at complimentary dinner gwen 10 him The
other fdav that Whenever The Colonies agreed
T. do their parts in relation To the inter coi0nsl
railway, the Imperial Government, which looks
upon il as an imperial enterprise. VIII be ready 10
do ~ part But, ia spite of this statement, II i
GENERALLY felt. in wel-niormed quarters here, that
the drsicuy will be with the Imperial Govern
ment and not with the i'iOVInces- ne Ministers
who have been 10 England, ~ere IL san, on their
r,turn. ON the Eth inst. 40 what extent th!lr |
mission has been successful "a not yet known
Among other things, they had some negotiations
with the Imperial Government in regard " certain
timber shipped az Portland for the tDglish market
m is now. on its arrival IN Engla nd treated as
foreign produce and thus enters on .ess le'oJSo'e