I am commanded by His Excellency the Lieutenant Governor to acknowledge the receipt of your Letter of the 15th Ultimo. His Excellency the Lieutenant Governor after mature reflection thinks it necessary that a Commission of Oyer and Terminer and General Goal Delivery should issue to Supply the defect of the next Term of the King's Bench for this District directed to the Chief Justice of the Province the Chief Justice of Montreal and the Justices of the King's Bench of Quebec the Two Chief Justices being of the Quorum. He is of opinion that the Act of the Legislature commonly called the Judicature Act has rendered this measure requisite and that a Special Court to Supply the accidental defect of a Criminal Term of the Court of King's Bench ought to be composed of the characters 'to whom the Legislature has thought proper and necessary to entrust the execution of the Criminal Law and to no others and that the powers to be given to it ought to be as ample if Possible as those entrusted to the Court the want of which it is meant to Supply His Excellency therefore feels himself bound in duty to issue the Commission he has mentioned in the manner above stated and orders to this Effect will be immediately issued. At the same time His Excellency regrets that this measure will subject you to a duty inconvenient to yourself and in some degree repugnant to your feeling's which it would therefore be his inclination 'to avoid imposing upon you but considering the measure to be necessary he finds himself restrained from permitting any Consideration to prevent the adoption of it.2 I am & H. W. RYLAND. PROCEEDINGS RELATING TO TILE EXPULSION OF MR. BOUC FROM THE HOUSE OF ASSEMBLY, LOWER CANADA.3 JOURNAL OF THE HOUSE OF ASSEMBLY OF LOWER-CANADA. Monday, 31st March, 1800. THE Order for taking into consideration the Copy of the Record of the Proceedings upon the Indictment, in the Court of King's Bench, for the District of Montreal, against Charles Baptiste Bouc, Esq. a Member of this House; and also for the said 1. From the original copy in the Letter Book of the Governor's Civil Secretary, Canadian Archives, G. 428, page 298. 2. When it was decided to issue a Commission of Oyer and Terminer and General Gaol Delibery, Chief Justice Monk pointed out that Articles V. and VI. of the Judicature Act (See page 127) suspended the execution of Judgment until the approbation of the LieutenantGovernor had been received and required from a majority of the Judges a detailed report of the more important cases which came before them. At the same time he expressed the hope that "Your Excellency will not find it requisite to place me under such a duty from the circumstance of the Chief Justice's absence." See the Canadian Archives, Q. 87, pt. 1, page 280. 3. From the Journal of the House of Assembly of Lower Canada for the years 1800, 1801 and 1802. 4. Charles Bouc was elected for the County of Effingham in 1796 and again at the general election held in the summer of 1800. (See page 250 note 1). 4 GEORGE V., A. 1914 Mr. Bouc's attending in his place, being read-the House proceeded to take the same into consideration. And the said Copy of the Record of the said Proceedings in the Court of King's Bench was read, and is as follows:1 And the said Mr. Bouc attending in his place, pursuant to the said Order of the House of the 19th instant, he was heard in his defence, and afterwards withdrew. Mr. Attorney General then moved to resolve, seconded by Mr. Lees, that it appearing to this House by the said record that Charles Baptiste Bouc, Esquire, a member of this House, upon the indictment in the Court of King's Bench for the district of Montreal in this Province, exhibited against him, hath been convicted of the crime of conspiracy with sundry other persons unjustly and fraudulently to obtain of Etienne Drouin divers large sums of money, the said Charles Baptiste Bouc be expelled this House. Mr. Grant moved, seconded by Mr. Papineau, in amendment to Mr. Attorney General's motion, that the words "be expelled this House," be left out, and the following words substituted in their place: "be heard by his counsel at the Bar of this "House on Wednesday next at three o'clock in the afternoon.” The House divided upon the question; Yeas 13 And Mr. Speaker gave the casting vote in the affirmative. The main question as amended being then put a division again ensued which proved to be the same as the last mentioned, and the names being called for they were taken down as follows, viz. Yeas. Mr. Speaker, Messieurs Martineau, Paquet, Begin, Durocher, Taché, Huot, Berthelot, Dumas, Grant, De Rocheblave, Bedard, Planté and Papineau. Nays. Messieurs T. Coffin, Cuthbert, Lees, N. Coffin, Menut, Black, Bernier, AllsoppAuldjo, Fisher, Young, the Attorney General and Craigie. And the same being carried in the affirmative. RESOLVED, that it appearing to this House by the said record, that Charles Bte. Bouc, Esquire, a member of this House, upon the indictment in the Court of King's Bench for the District of Montreal in this Province, exhibited against him, hath been convicted of the crime of Conspiracy with sundry other persons unjustly and fraudulently to obtain of Etienne Drouin divers large sums of money, the said Charles Baptiste Bouc, be heard by his Counsel at the Bar of this House on Wednesday next at three o'clock in the afternoon. 1. The text of the record is omitted. The charge was that Charles Baptiste Bouc and others "wickedly and maliciously devising and intending unjustly to empoverish, vex, oppress and aggrieve one Etienne Drouin, and also unjustly and unlawfully to obtain and acquire to themselves of and from the said Etienne Drouin divers large sums of Money............did among themselves conspire, combine, confederate and agree falsely and without any reasonable or probable cause whatever, to charge and accuse the said Etienne Drouin with having fraudulently moistened and wetted a certain large quantity of Wheat." Mr. Bouc was convicted of the charge and the judgment of the court was "that the said Charles Baptiste Bouc be imprisoned in the common gaol of the said district, during the space of three calendar months, that he do pay a fine of twenty pounds to our said Lord the King, and that he do find security for his good behaviour for the space of three years next after his discharge" SESSIONAL PAPER No. 29c Wednesday, 2d April, 1800. THE Order of the Day for hearing Counsel at the Bar, in behalf of Charles Baptiste Bouc, Esquire, a Member of this House, being read, Mr. Bouc, with his Counsel Alexis Caron, Esquire, Attorney and Advocate at Law, appeared at the Bar accordingly; and Mr. Speaker having asked Mr. Bouc whether he would come within the Bar, and take his seat, he answered that he preferred to remain with his Counsel. And Mr. Caron being then heard in behalf of Mr. Bouc, they afterwards withdrew. Mr. Attorney General then moved to resolve, seconded by Mr. Lees, That this House, by their resolution of Monday last, having voted, that it appeared to this House, by a Record of the Court of King's Bench, for the District of Montreal, then read, that Charles Baptiste Bouc, a Member of this House, upon an Indictment in the aforesaid Court exhibited against him, had been convicted of the crime of Conspiracy, with sundry other persons, unjustly and fraudulently to obtain of Etienne Drouin, divers large sums of money, the said Charles Baptiste Bouc be expelled this House. Thereupon debates arose, And Mr. Lees moved the previous question, seconded by Mr. Craigie, The House divided thereon, Yeas 19 Nays 10 Majority of nine in the affirmative. Accordingly the main question was put, a division again ensued, So the same being carried by a majority of thirteen, RESOLVED, that this House by their resolution of Monday last having voted, that it appeared to this House by a record of the Court of King's Bench for the District of Montreal, then read, that Charles Baptiste Bouc, a Member of this House, upon an indictment in the aforesaid Court exhibited against him, had been convicted of the crime of Conspiracy, with sundry other persons, unjustly and fraudulently to obtain of Etienne Drouin, divers large sums of money; the said Charles Baptiste Bouc be expelled this House. THE order of the day for taking into consideration the Record of Proceedings in the Court of King's Bench for the District of Montreal, upon an indictment against Charles Baptiste Bouc, Esquire, a member of this House, and the Proceedings and Resolutions of the last session of this House, in the months of March and April last, against the said Mr. Bouc being read The House proceeded to take the same into consideration. And the said copy of the said Record, and the said Proceedings and Resolutions of this House were read. Mr. Planté moved, seconded by Mr. Berthelot, that this House do now resolve itself into a Committee of the whole House to take the said proceedings into consideration. 4 GEORGE V., A. 1914 Mr. Solicitor General moved in amendment, seconded by Mr. Walker, that all the words of the motion except the word "that" be struck out, and the following substituted "As it appears by the Record of the Court of King's Bench for the dis"trict of Montreal, that Charles Baptiste Bouc, a Member of this House, upon an "Indictment in the aforesaid Court exhibited against him, had been convicted of the "crime of Conspiracy, with sundry other persons, unjustly and fraudulently to "obtain of Etienne Drouin divers large sums of money-And whereas the said "Charles Baptiste Bouc, in consequence thereof, was expelled during the last Session, "that he be expelled this House. Thereupon debates arose. A Member in his place, informed the House that he was present at the last Election of Knights of the Shire to serve in this present Provincial Parliament, for the County of Effingham; that he is well acquainted with the person of Mr. Bouc, who is returned to serve for the said County, and that he is the same identical Charles Baptiste Bouc who was expelled this House during the last Session. And the question being put, "that the proposed amendment do pass?" The House divided. Yeas 26 So it was carried in the affirmative by a majority of seventeen. Then the main question as amended, was put; a division of the House again ensued; and the names being called for, they were taken down and are as followeth: Videlicet. Yeas, Messieurs Gouin, Raby, Bell, Coffin, Ross Cuthbert, the Solicitor General, Mr. Justice De Bonne, Mr. Justice Panet. Messrs. Boucher, Vigé, Perinault, Walker, Raymond, Caldwell, James Cuthbert, Hubert, The Attorney General, Messieurs Lees, Young, Steel, Lester, Planté, Taschereau, Badgley, McGill, Menut, and Martineau. Nays, Messieurs Bedard, Berthelot, Menard, Poulain, Archambault, Tellier, and Nadon. RESOLVED, that as it appears by a Record of the Court of King's Bench for the District of Montreal, that Charles Baptiste Bouc, a member of this House, upon an Indictment in the aforesaid Court exhibited against him, had been convicted of the Crime of Conspiracy, with sundry persons, unjustly and fraudulently to obtain of Etienne Drouin divers large sums of money -And whereas in consequence thereof, the said Charles Baptiste Bouc, was expelled during the last session-That he be expelled this House. Mr. Lees moved, seconded by Mr. Steel, * * * * That the return of the Clerk of the Crown for a Member to serve in this House for the County of Effingham, be now read, The House divided upon the question, Yeas 14 Nays 1 And the same being carried in the affirmative, The said Return was read accordingly. SESSIONAL PAPER No. 29c On motion of Mr. Lees, seconded by Mr. Huot, ORDERED, that the proceedings of this House on the 2d day of April, 1800,1 relating to Charles Baptiste Bouc, be now read: And the said proceedings were read. ORDERED, that the proceedings of this House on the 24th day of January last relating to Charles Baptiste Bouc, be now read: And the said proceedings were read. Mr. Lees moved, seconded by the Attorney General to resolve that Charles Baptiste Bouc, a Member returned to serve in this House for the County of Effingham, be expelled this House, for the reasons set forth in the Resolutions of this House of the 2d day of April, 1800, and of the 24th day of January last; The House divided upon the question, and the names being called for, they were taken down as follows: Yeas, Messieurs Martineau, Taschereau, Craigie, Vondenvelden, Menut, Young, Huot, Rocheblave, Gouin, Steel, Justice Panet, Caldwell, the Attorney General, Lester, Walker, Lees and McGill. Nays, Messieurs Berthelot, Pierre Bedard and Tellier. RESOLVED, the Charles Baptiste Bouc, a Member returned to serve in this House for the County of Effingham, be expelled this House, for the reasons set forth in the Resolutions of this House of the 2d of April, 1800, and of the 24th day of January last. Mr. Speaker informed the House, that the Return of the Clerk of the Crown in Chancery of a Member to serve in the present Provincial Parliament, in the place of Charles Baptiste Bouc, expelled this House, had been duly made and was upon the Table. ORDERED, that the said Return be now read. The said Return was accordingly read by the Clerk, and the same is as followeth, videlicet: 66 Office of the Clerk of the Crown in Chancery, "By a Warrant from the Honorable Speaker of the House of Assembly, "directed to the Honorable Hugh Finlay, Esqr. late Clerk of the Crown in Chancery, "it did appear, that by the expulsion of Charles Baptiste Bouc, from the House of Assembly, a vacancy of one Member for the County of Effingham had happened in "the said House; Whereupon a Writ signed by His Excellency Sir Robert Shore "Milnes, Baronet, the Lieutenant Governor, did issue the first day of April last, for "the Election of a Member or Representative to serve in Assembly in the room and "stead of the said Charles Baptiste Bouc, so expelled as aforesaid: Now by the "Return to the said Writ of Election, bearing date the thirtieth day of April last, it appears that the same Charles Baptiste Bouc, so expelled as aforesaid, had been "chosen, and is now returned to Represent the said County of Effingham. (Signed) HERMAN WITSIUS RYLAND. |