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member, must be elected and take his and I have to ask him whether two members seat as Speaker. Speaker. But, in respect
of this House are prepared to so introduce to this rule, the question is whether
according to the practice of the llo!se." we can dispense with it. Sir, the House Mr. Kenealy said :-of Commons the other day, in the “I am aware, Mr. Speaker, of the practice Kenealy case, thought that it was a of the House; at the same time I am not aware matter of the rery greatest difficulty, House of the riglit of administering the oath
of any law or any rule which deprives the with a Speaker in the chair. One
to me, as member for the Borough of Stoke. would have thought that, if it was
upon-Trent.'' matter of but little impor: Mr. Kencaly then went on to argue the tance, he might take his seat as sundry members have done to-day,
case, and Mr. Speaker said:
"I have to call the attention of the House and that the act might pass sub
to a resolution of this House on the 23rd of silentio. But, when Dr. Kencaly pre- February, 1688 with reference to this pracsented himself, he could not get, as we tice. It is recorded in the Journals of this all know, in the whole House of Com- House in these terms :mons, two gentlemen to introduce him ; “The House being informed that it was an and this shows the very bigh standard, ancient form and custom of the House, that and the very correct standard, that
upon new meinbers coming into the House,
they be introduced to the table between two prevails in the Imperial House of members, making their obeisances as they go Commons. The question then arose up, that they may be the better known to the there whether the rule should operate House,-Resolved, that said order and cusso strongly as to prevent a man, with
tom be for the future observed,'
6. This resolution has been invariably acted all Dr. Kenealy's faults, with all
upon by this House up to this time. I have Dr. Kenealy's supposed delinquencies had diligent search made in the Jourvals of taking his seat; whether a man could the House and I do not find that any deparbe kept out of his seat after having ture from the practice has ever been sancbeen elected by the people, because he
tioned. The House will observe that the really could not get two men, an intro- object of the Resolution appears to be to
identify the member. It is my duty in this ducer and a seconder, to introduce
chair to see the Resolutions of this House him. That point was discussed, and enforced; but, should the House think fit the debate was a very interesting one, upon this special occasion to dispense with showing the importance which the its former Resolution, it will give the necesHouse of Commons in England attaches
sary directions. to the Constitution and to the main- Speaker, that you will not hear me on this
“ Mr. Kenealy: Im I to understand, Mr. taining of the old rule that, when matter? member
elected, be * Mr. Speaker : While a question of this should be introduced by two mem
nature affecting the conduct or action of a bers.
member is under consideration, it is in And the necessity of the
accordance with the practice of the House case was such that Mr. Disraeli, then
that the hon. member should withdraw." at the head of the Government, moved that the resolution of 1683, which I I, however, do not request the withhave mentioned, should be dispensed drawal of the hon. member for Glouces
ter, who is in the House at this moment. with on that occasion, because the Speaker announced, when Mr. Kenealy Mr. Kenealy withdrew and Mr. Dis
raeli said: presented himself to take his seat, that he (the Speaker) was obliged to carry
I hope, Sir, that in this case the ordinary out the rules of Parliament.
rules will not be enforced. The identity of the
new member cannot, I believe, be ques:ioned. “Mr. Edward Vaughan Kenealy, who had | Although for my-ell' I think the rule in ques been returned to the House for the Borough tion an excellent rule, and it is one which I of Stoke-upon-Trent, in the room of Mr. trust will be strictly observed in the future. Melly, who had accepted the office of Steward yet I think there are circumstances connected of the Chiltern Hundreds, came to the table with the present case which reuder it desirto be sworn without being introduced by two
able that we should not insist upon its enmembers according to custom, whereupon forcement. I beg to more that the rule be on Mr. Speaker said : I have to point out
this occasion dispensed with." to the hon. member that, according to the The motion was made and the question uniform practice of this House, when a
Wils (arried, that such lesolution of new member comes into the House for the first time, it is usual that he should
the House be dispensed with on this te introduced by two members of the House,
occasion. So that, if that special
motion had not been made, and the the validity of the election of Speaker rule not dispensed with, Dr. Kenealy, can be brought up, can be adjudicated although the elected member for the upon, and may be decided against this borough of Stoke-upon-Trent, could House and against the order of this not by any possibility have taken bis House, and against the appointments of seat. That case is in all essentials this House. Why then, Mr. Clerk, I similar to the present one, and it would say, should we run any such seems to me it is out of the question risks as these? It is of no great that this motion can be adopted in importance who presides in this Chair accordance with the law and prac- if he be a competent member of Partice of Parliament, and it is of the liament, and a man of experienced more consequence that the law and competency. I do not deny the compepractice of Parliament be sustained in tence of the gentleman proposed, and I this country, having a subordinate am not disposed to do so; but I say, at jurisdiction, than in the Parliament of least, when a good man of equal comthe United Kingdom. There they are petence can be found, when the Premthe supreme and paramount authority. ier can find a man of superior compeThere, by an old prescribed right, the tence, in my opinion, in his own House of Commons, through descended ranks and among his own supporters, privileges, decides upon rnles, unless dis- and thus give a feeling of confidence puted in the House of Lords and vice to tho House. Why does he not adopt verså; these matters were thus disposed that alternative? At the time when the of and settled long ago, and for all election of Speaker was proposed in practical purposes, it may be said, the Session of 1874, I took the liberty both the House of Commons and of stating that I thought there the House of Lords in England settle was one principal supporter of the their own practice, and there is no Administration who, from his great appeal from the highest conrt of juris- experience, from his prominence diction in the world. We all know in knowledge of Parliamentary practhat tho Supreme Court taught us the tice, would have been and ought to have other a day a lesson which, as every been selected—I mean my hon. friend lawyer knows, we did not require to the member for Chateauguay (Mr. be taught, viz., that we have only Holton.) Why was not this done by statutory jurisdiction; that we aro the hon. gentleman opposite; and why created; that Colonial Legislatures did he (Mr. Mackenzie) not now have occupied such a position ever since attempt to relieve the House from this the great case of Kelly vs. the Speaker difficulty by nominating that hon. genof the House of Assembly of New. tleman; and he cannot refuse if he is foundland; that we are the creatures nominated and elected. No member of the statute, and that we have none can refuse to act if elected Speaker by of those prescribed rights which this House. Every member is bound belong, from more prescription, to the to obey the order of the House, even Parliament of England-to the House if he does so against his will. I do not of Commons and tho House of Lords. know what may be the feeling of the We must go by rule; we must go by hon. member for Chateauguay on this law, and we must go according to the point, but I am quite sure that his law, and our rights; our position, if we known sense of duty would impress go against the law and contrary to law, upon him the necessity to relieve the will always be liable to be disputed. House, and to prevent questions of this I will give an instance. Suppose we kind from being raised, and that he illegally elect a Speaker, and suppose would sacrifice his own sense of ease and that this Speaker, while acting illegally his desire to remain on the floor of the as Speaker, hereafter orders warrants House, and would accept that position. to issue to enforce the demands of I regret very much the fact that a this House, and parties outside course of that kind has not been bring action of trespass and false adopted by the hon. gentleman opposimprisonment under the Speaker's ite. My hon. friend here calls my atwarrant, then the whole question tention to the fact that the present of the legality, the whole question of nominee of the hon. gentleman oppos
ite expressed strongly his opinion, Speaker. Then the bon. gentleman's while in possession of the chair as Mr. Blake's) argument-and a very inSpeaker, as to the necessity of knowing genious argument it was, and all his that the rule should be strictly observed arguments are so---was, that the Govern and the House knowing that it ment was not in fault, but that the was strictly observed; but, whether Speaker was in fault; that the Governstrictly observed or not, whether the ment had a right to give to any hon. rule was set aside by universal con- gentleman in this House a contract, sent or by no one taking objection to because the moment he became á it or not, is a matter of no impor- contractor that moment his ceased to
The House could set aside | be a member of this House, and was and suspend the rule just as the House civilly dead, and actually dead as a of Commons in England suspended member of this House ; and, therefore, the rale in the Kenealy case, and this the giving to a member of this House assemblage of members—for it is not of a contract, was certainly not coryet a House, not yet having a head, and rupting that member, but the fact of not yet having a mouthpiece, cannot the acceptance of such contract detake any such duty; any such respon- prived the acceptor of his position as sibility, upon itself. They have no inember; and, therefore, the Governpower, they have no such authority; ment was free from censure, and and if they do so, the invalidity may the hon. gentleman (Mr. Blake) at the crop up in the most inconvenient way, same time passed the strongest possible at the most inconvenient season, censure on the Speaker, when he, in and without any
at all effect, said that he, sitting in that chair, for it. Now Mr. Clerk, having he, the pronouncer of rulings in this spoken upon this point, I must say House, he, the chief organ and that I feel so strongly upon it that the mouth-piece of Parliament, preI shall ask for the votes to be taken intended to be a member of Parliament, the House upon this resolution, in while, according to the law properly order that we may stand before the laid down by the hon. gentleman from country as not yielding in any way to South Bruce, he was no more a mem· an unconstitutional and an unparlia ber, as I said before, and had no more mentary proposition. Then, Sir, as to right to interfere with the proceedings the appointment itself. I regret ex- of this House than the pages who run tremely that the hon. gentleman (Mr. about carrying the letters. So he was a Anglin) should have been nominated. stranger in this House, and was open I
regret extremely the fact that this to the censure that I think was properhon. gentleman should have been chosen ly attributed to him by those who voted by the Government as their nominee. on that occasion for the motion of my I regret extremely that this sanie hon. friend from North Hastings (Mr. Government, having felt it their duty Bowell). And that censure will now be to support, as far as they could support, felt through all the country with rethe ground taken that the hon. gentle doubled force, and the course taken by man had forfeited his seat by becoming the Government will be considered as a Government contractor, should now even infinitely more censurable, in now press that appointment. I remember attempting to fill up this office in this the discussion-we all must remember manner, than its original course. It that discussion, that unpleasant dis- was said on that occasion, by the hon. cussion of last Session, that disagreeable the Minister of Finance, that this matdiscussion of last Session, upon these ter was not discovered for some time; points, and we can remember especially that it was a mistake of the Post Office the argument of the hon. member for Department; that the Government South Bruce (Mr. Blake) when the
apare of it until January, Government was attacked by the 1876, and that the moment the error resolution introduced by the hon. mem- discovered, the practice was ber for North Hastings (Mr. Bowell). stopped.
But we all felt then, Sir, And something essentially like it was
that this statement aggravated the moved from the Government side re- cause,
the reason of the garding their course with respect to the I which was included in the motion then
before the House ; for, if in January, | he must have been told that the con1876, the Government found out that tracts were stopped, and after he was they had been committing a breach of told by the hon. gentleman opposite the law of Parliamentin giving contracts that his dealings with the Post Office to a member of this House, and if, on Department were improper and illegal, , having found out that they had com- and within the description of Parliamitted this breach of the law, they mentary corruption, can hold the balceased these contracts, they must also ance of justice equally hereafter. Mr. have known, and they did know, that | Clerk, it occurs to me that the answer from the 1st of January, 1876, and which will be given to this by the counbefore that time, the then Speaker try, at all events, will be that the Govof this House had forfeited his seat ernment has not had the magnanimity in the House and his seat in Par- to admit that they are wrong, nor liament, and yet was continuing in the magnanimity to admit that the House until the end of the Session they committed
error, of 1877. The Government who had tbe magnanimity to say: "We did admitted that they had found out there make a mistake, an.l we com tted were improper practices going on, and a great error, but we will not commit that they had found that this hon. | it again." But how do we find it? The gentleman (Mr. Speaker), in becoming point I take, and it is a point, I a Government contractor, had forfeited think, which cannot be answered, is his seat, had kept hinı in his place, that this House of Parliament cannot concealing from the House, conceal- dispense with the rule, cannot dising from the country, and conceal- | pense
with any rule, cannot alter ing from everybody knowledge in the slightest degree any rule of of the fact that the hon.
gen- | Parliament. They have no right to tleman who sat in the Speaker's | dispense with tho rule; no right to chair-he, the judge, he, the arbitrator, change its effect. They must be he, the arbiter, he who decided between governed by that in every respect. And right and wrong, he who decided yet the hon. gentleman moves, in between one side of the House and the effect, to dispense with the rule in order other, he who was to hold the balance to continue the original wrong dono of justice equally between all the in keeping the hon. gentleman in the members of the House—was no member chair as Speaker, and moves that a of Parliament at all, and no Speaker at | Parliamentary principle should be all. The Government did so, and they broken for the purpose of carrying out continued this course until the matter his original proposition made in Januwas forced upon them by the motion ary, 1874. Sir, it looks something of my hon. friend (Mr. Bowell), like power gone mad. The hon. passing censure on them for their gentleman seems to have lost his bead, supineness.
We supposed it was and thinks, because he has a majority, supineness, but, when we got that ad. that he can set aside every rule; that mission, we learned that it was not he can set aside every principle of supineness, that they were aware of reason. It will ring through the it, and yet, after they knew of it, and country. It will ring from one end of after they knew that the Speaker Canada to the other.
It has rung had forfeited his seat in the House, through the country, as the hon. and after they knew he was no longer gentleman knows, and it will continue Speaker of this House, they kept hm to ring through the country, and the there, and retained him in the Chair course the hon. gentleman is taking contrary to every law of Parliamentary will tend to intensify the foeling in the practice, and contrary to everything country, as I think will be shown like propriety or decency, and they unmistakeably, by every means by are now attempting to replace him which we can understand that the in that position. Sir,
Sir, the Speaker feelings and opinions of the people can should be like Cæsar's wife, not only be judged. The hon. gentleman is pure, but free from suspicion. How starting out on the same old principle. can we suppose that the Speaker who The hon. gentleman kept him (Mr. sat in that Chair for two years after Anglin) in the chair after he ceased to
be a member, and the hon. gentleman member might hold. That is the is going to force him into the chair ground which the right hon. member before he is a meinber, for he is not a for Kingston has distinctly stated. member until he is introduced
Therefore, every one who has entered Yet this is the course taken by the the Hou (', either to-day or any other hon. gentleman, and I say there must day, is n l a member of the House be a termination to a course of this until he is introduced. Now, Sir, kind. I say that the hon. gentle what will you say, what will hon. man is, as it were, delivering himself gentlemen in this House say, when I into the hands of his enemies by tell them that the hon. member making this proposition when (Sir John A. Macdonald) was never there
necessity for it introduced ? Yet we have been comwhatever.
On every ground, Mr. pelled by hon. gentlemen oppoClerk, I oppose this motion, and espe- sito listen to speech of cially on the ground that, until intro- nearly an hour from a person who, duced, according to the rules of Par- according to his own showing, has no liament, with the Speaker in the chair, business here, and is not a member of no member can take his seat. I say, this House. If other hon. gentlemen moreover, that the hon. member might have no position here, what gives to have been introduced with the Speaker the right hon. member for Kingston a in the chair, if the hon. gentleman standing? Is he to set aside by the (Mr. Mackenzie) had chosen to follow mere force of his power,
whatever the principles and practice of Parlia- it may be, rules which the rest of the ment; for the hon. gentleman might House must obey? The right hon. have so managed as to have had a gentleman knows that all his speech Speaker elected and the hon, member has no foundation in real argument. for Gloucester introduced, the Speaker What is to be looked to is the broad thereafter resigning and the hon, mem- ground, whether a member has obtained ber being appointed. But the hon. the sanction of the people by being gentleman has not adopted that course, elected, whether the member has probut is now trying to carry this motion perly taken the oaths and is here at the point of the bayonet, and to present. Why, Sir, the right hon. override all Parliamentary practice gentleman (Sir John A. Macdonald) and constitutional law. He will find, l'ose in his place last Session to excuse an however, that this is a free country, hon, member who entered the House, and that it does not understand arbi- not only without being introduced, but trary government even at the hands without taking the oaths. The right of the Parliament, of Canada. Mr.
hon. gentleman never made a motion to Clerk, I shall call for a division of the expel the hon, member for his misconHouse on this resolution.
duct, but the House allowed that the MR. MACKENZIE: Mr. Patrick, I hon, member's position was one capable
more astonished at any of explanation because the hon. memspeech I ever heard than at that ber was able to show he had been jūst delivered. The hou, member for properly elected. The first element Kingston (Sir John A. Macdonald) has in regard to the position of a member endeavoured to prove that no one can
of this House is that be shall have been be a member of this House until he has properly elected, and the hon. member not only taken the oaths in the cus- who, unwittingly, no doubt, violated tomary way, but until he is introduced the rules of the House in taking his into the House before the Speaker, or seat without being sworu, was able to rather introduced to the Speaker of show that he had been duly elected. the House, The whole force of Now, Sir, let me deal with the arguthe hon. gentleman's argument ment proper of the right hon. member is this: he says that no one is a for Kingston (Sir John A. Macdonald). member,--that Mr. Anglin is not a He says that the 120th Rule of our member because he has not been Standing Orders says, that, in all unprointroduced to the Speaker, and not vided cases, the rules, usages and forms being a member is not capable of being of the House of Commons of the elected to any position which an hon. United Kingdom of Great Britain and