Province of Canada, Legislative Assembly [Bagot Election], 5th Parl, 1st Sess (13 September 1854)

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Date: 1854-09-13
By: The Globe
Citation: “Bagot Election,” The Globe (19 September 1854).
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WEDNESDAY, Sept. 13th, 1854.


When the doors opened, we found

Mr. McDONALD, of Glengarry, on his feet calling upon gentlemen on all sides of the House to lay aside party spirit, and unite in the vindication of the rights and privileges of the House by ejecting at once, and without further discussion, the sitting member for Bagot, (Mr. Brodeur) as they had complete evidence before them that that gentleman had not been duly elected.

Mr. DORION, of Drummond, then moved that Mr. Brodeur was not duly elected, and that a writ do immediately issue for the election of a member for the County of Bagot.

Attorney General DRUMMOND had looked into this question since it was last up, and was now convinced that although there was no Canadian statute on the subject, yet under the practice of the British Parliament, a returning officer was ineligible, and that the election for the County of Bagot was therefore null and void. [Hear, hear.] He though, however, that a new writ ought not to issue until the expiration of 14 days from the commencement of the session, the time allowed by law for the presentation of election petitions.

Mr. DORION, of Montreal, thought the writ should issue immediately as the election for Bagot having been null and void, was in fact no election at all.

Mr. LORANGER thought, with all defence to the Attorney General East, that the question of the ineligibility of a returning officer was one which at least admitted of doubt, and that it ought to be referred to the Committee on Privileges.

Mr. CAMERON agreed with the Attorney General East, that the election for Bagot was null and void, and also that the 14 days should be allowed to expire before a new writ issued, so that the rights of all parties should be respected. He thought that the law allowing any new writ [illegible] of Upper Canada [illegible] the whole question would [illegible] to the Committee on Privileges at [illegible] until the expiration of 14 days.

After some further conversation, Mr. BOWES urged the House to vote at once on the question without wasting further valuable time in discussing it.

Mr. Dorion’s motion, modified so as simply to declare the election for Bagot null and void, was agreed to.

Mr. DORION then moved that a new writ do issue immediately for an Election for the County of Bagot.

Mr. CAMERON moved in amendment that the new writ do issue at the expiration of the time allowed by law for the presentation of petitions contesting election returns.

After debate, both motions were withdrawn with the understanding that Mr. Dorion would move for a new writ at the expiration of 14 days.

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