PUBLIC RECORD OFFICE
Reference -
C.O.88
885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
3 PUBLIC
RECORD OFFICE, LONDON
No. 20.
Colonial Assembly, Interpretation of Act for regulating lections. Dura- tion of pall.
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the case, that a sufficient naval force should be on the spot to enforce the law, and amongst other measures I would suggest the endorsing the ship's papers of all offending or suspected vessels.
The atrocious orders which the United States' Commander Lynch states that he has given to the masters of American vessels in his despatch dated Germantown, Port William, March 13, 1954, viz., to shoot any of Her Majesty's officers who attempt to board any United States' merchant or fishing-vessel, will, doubtless, have attracted the attention of Her Majesty's Government; and from this and other circumstances it is obvious that without an adequate naval force any attempt to maintain Her Majesty's rights against vessels belonging to citizens of the United States will be attended with great risk of serious collision.
1 have, &c.
The Right Hon. Sir G. Grey, Bart..
&c.
SIR,
&c.
&e.
(Signed) `J. D. HARDING.
Bermuda.
No. 20.
Copy of a LETTER from the ATTORNEY and SOLicitor-General to Mr. Secretary Labouchere.
Temple, November 13, 1856.
WE have been favoured with your commands signified in Mr. Merivale's letter of the 16th of October last, in which he states that he was directed to request that we would favour you with our opinion on a series of questions which have arisen in the Island of Bermuda, and of which the details were contained in a despatch addressed by the Governor of Bermuda to the Secretary of State, and in two petitions addressed to the House of Assembly by Mr. S. S. Ingham, and by Messrs. A. D. Smith and W. S. Hutchings, and published in a local newspaper. He further stated:-
That the election of Members of the Assembly in Bermuda is regulated by an Act passed in 1789, and which declares, "That when any new Assembly shull at any time hereafter be summoned or called, there shall be forty days between the issue and return of the writs thereof;" that in case on any election a poll shall be required, the proper officer shall "proceed to the polling all the freeholders then and there present, and shall not adjourn to any other place within the parish, or elsewhere, without consent of all the candidates, but shall duly and orderly proceed in the taking the said poll, from day to day, and from time to time, until all the freeholders tendering themselves for the purpose shall be polled, and not longer;" and that "it is the intention of this Act, that when a reasonable time shall be afforded to every qualified freeholder in these islands to attend for the purpose of giving his vote, in case he shall see fit, the poll shall be finally closed, and no longer kept open on any account, score, or pretext whatever."
That Paget's parish, in Bermuda, is entitled to return four members, but at a recent general election only three were returned as clected, the two candidates who stood next on the poll having an equal number of votes. The Assembly accordingly addressed the Governor, requesting him to issue a new writ for a fourth representative, and such a writ was accordingly issued, bearing date the 3rd of June.
That two candidates came forward, Mr. Smith and Mr. Ingham, and the polling opened on the 9th of June, when the returning officers declared that it would be carried on on the 16th; and closed on the 24th of that month. On that day seventy-seven votes had been polled, giving a majority of one for Mr. Smith; but Mr. Ingham, who had all along protested against the early
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closing of the poll, claimed that it should be kept open till one of his voters, said to be in the island, had had an opportunity of voting.
That to this the returning officer did not consent, and the poll was accord- ingly closed, and Mr. Smith was returned as duly elected.
That in the course of a few days another voter favourable to Mr. Ingham arrived in the island; that petitions were presented to the Assembly by the unsuccessful candidate and the two excluded voters, and were taken into consideration, according to the usual practice in election cases, by a Committee of the whole House of Assembly,—a rule of that House prescribing, that in all unprovided cases, resort shall be had to the rules, usages, and forms of Parlia- ment; and in alleged conformity with these usages, it was decided that no members who had voted at the last election in Paget's parish should vote upon the petition against its validity.
That it was then resolved upon consideration of the petition, but without taking any evidence, that the names of the two petitioning voters should be added to those who voted for Mr. Ingham; that Mr. Ingham was, therefore, duly elected, and that the return of the last election should be amended, by substituting his name for that of Mr. Smith.
That, by the Governor's despatch, it appears all members of the Assembly are required to take the oaths of office before persons authorized by him to administer them; and that it is the practice to issue this authority to the Speaker and House of Assembly, who then administer the oaths to the person who is named in a certified copy of the return, or a certificate of the name of the person returned transmitted from the Secretary's office to the Assembly.”
Mr. Merivale was also pleased to request that we would favour you
with our opinion under the circumstances detailed, upon the following points:
Whether, on the 24th June, 1856, the poll in Paget's parish had been kept open for a reasonable time, within the meaning of the Local Act for regulating the election of members to serve in the General Assembly, &c.; and whether the returning officer was then justified in closing it, notwithstanding the continued protest of one of the candidates; or whether it is our opinion that the poll should have been kept open so long as there was reason to expect fresh voters, or so long as either candidate should require, or for any other period beyond that which was actually allowed;
Whether, supposing the poll to have been legally closed, the validity of the return would be affected by the subsequent arrival in the island of freeholders desirous of voting at the election;
Whether, supposing the poll to have been illegally closed, the effect of such illegality would be to necessitate a fresh election, or to enable the House of Assembly to amend the return;
Whether, having reference to the nature of Colonial Houses of Assembly, to the above cited rule of the Assembly of Bermuda, and to the practice of the Imperial Parliament in like cases, the proceedings of the Bermuda Assembly, as detailed in the accompanying papers, are open to any legal or other objection;
Whether the Assembly were justified in preventing members who had voted at the election in Paget's parish from voting in Committee upon the petition against that election; and in deciding upon that petition without requiring evidence as to the truth of its allegations; and in adding to the List of Voters the names of A. D. Smith and W. S. Hutchings; and in amending the return by substituting the name of S. S. Ingham for that of E. H. Smith;
Whether, supposing the proceedings of the Assembly to be open to objec- tions, and those objections such as to invalidate their decision in favour of Mr. S. S. Ingham, it would by consequence be rendered impossible for the Secretary's Office to certify with truth that he is a member for Paget's parish;
Whether the Speaker and House of Assembly can legally administer the oaths of office to Mr. S. S. Ingham without such certificate.
In obedience to Mr. Merivale's request, we have perused the several documents, and taken into our consideration the series of questions submitted to us for our opinion, and have the honour to report—~ ·
That, in our judgment, the poll in Paget's parish on the 24th June, 1856, had been kept open for a reasonable time within the meaning of the local Act for regulating the election of members to serve in the General Assembly; and
G
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