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Date: 1866-08-16
By: Viscount Monck
Citation: Despatch from Viscount Monck to the Earl of Carnarvon, No. 115 (16 August 1866) in UK, Parliament, Correspondence respecting the Proposed Union of the British North American Provinces (London: George Edward Eyre and William Spottiswoode, 1867).
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No.17.

Copy of a DESPATCH from Viscount MONCK to the Right Hon. the Earl of CARNARVON.

                  (No. 115.)                                                                                                                                                Ottawa, August 16, 1866.

(Received August 29, 1866.)

My Lord,                                                                                                                               (Answered, No. 11, August 31. 1866, p. 18.)

I have the honour to transmit your Lordship an Address to Her Majesty the Queen from the Legislative Assembly of Canada, praying that Her Majesty will be graciously pleased to cease a measure to be submitted to the imperial Parliament for creating Local Governments and Legislatures in Canada East and Canada West […] after the union of the British North American Colonies shall have been completed. I request that your Lordship will leave the goodness to lay this Address before the Queen.

I have &c.

The Right Hon. the Earl of Carnarvon,                                                                  ( Signed )          MONCK.

&c.             &c.         &c.

Enclosed in No. 17.

TO THE QUEEN’S MOST EXCELLENT MAJESTY.

MOST GRACIOUS SOVEREIGN,

Why Your Majesty’s most dutifal and loyal subjects, the Commons of Canada in Parliament assembled, humbly approach your Majesty, for the purpose of paying that Your Majesty may be graciously pleased to cause a measure to be submitted to the Imperial Parliament, to provide for the Local Government and Legislature of Lower and Upper Canada, respectively, when the union of the Provinces of British North America is effected, with provisions based upon the accompanying resolutions, which were adopted by this House on Saturday the eleventh August, one thousand eight hundred and sixty-six. All which we, the Commons of Canada, humbly pray Your Majesty to take into Your gracious and favourable consideration.

(Signed) L. Walbridge

Legislative Assembly Hall.                                                                                                                                                                      Speaker.

Saturday, 11th August 1866,

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(Sealed.)

RESOLUTIONS providing for the Local Government and Legislature of Lower and Upper Canada  respectively when the Union of the Provinces of British North America is elected.

Resolved:

1. That by the 38th paragraph of the resolution of this House passed on the 3rd day of February 1865, for presenting an humble address to Her Majesty, praying that She may be graciously pleased to cause measure to be submitted to the Imperial Parliament for the purpose of uniting the Colonies of Canada, Nova Scotia, New Brunswick, Newfoundland, and Prince Edward Island in one Government, with provisions based on the resolutions which were adopted at a Conference of Delegates from the said Colonies, held at the city of Quebec on the 10th of October 1861, it is provided that “for each of “the Provinces there shall be an Executive Officer, styled the Lieutenant- Governor, who shall be “appointed by the Governor-General in Council under the Great Seal of the Federated Provinces “during pleasure, such pleasure not to be exercised before the expiration of the first five years except “for cause, such cause to be communicated in writing to the Lieutenant-Governor immediately after “the exercise of the pleasure as aforesaid, and also by message to both Houses of Parliament within “the first week of the first session afterwards,” and that by the 1st paragraph of the same resolution it is provided that “the Local Government and Legislature of each Province shall be constructed in “such manner as the existing Legislature of each such Province shall provide,” and it is further now resolved that in the opinion of this House the appointment of the first Lieutenant-Governor shall […] provisional, and that he should hold office strictly during pleasure.
2. That under and subject to the Constitution of the Federated Provinces the executive authority of the LIeutenant Governor of Lower Canada and Upper Canada respectively shall be administered by each of such officers according to the well-understood principles of the British Constitution.
3. The great Seal of the Province of Lower Canada and Upper Canada shall be the same or of the same design in each of the said Provinces as that used in the said Provinces respectively at the time of the existing Union until altered by the Local Government.
4. That there shall be a Local Legislature for Lower Canada composed of two Chambers, to be called the Legislative council and the Legislative Assembly of Lower Canada.
5. That there shall be a Local Legislature for Upper Canada, which shall consist of one Chamber, to be called the Legislative Assembly of Upper Canada.
6. That the Legislative Council of Lower Canada shall be composed of 21 members, to be appointed by the Crown under the Great Seal of the Local Government, who shall hold office during life, but if any Legislative Councillor shall for two consecutive Sessions of Parliament fail to give his attendance in the saif Council his seat shall thereby become vacant.
7. That the members of the Legislative Council of Lower Canada shall be British subjects by birth or naturalization of the full age of 30 years, shall possess a continuous real property qualification in Lower Canada of 4,000 dollars over and above all […], and shall continue worth that sum over and above their debts and liabilities.
8. That if any question shall arise as to the qualification of a Legislative Councillor in Lower Canada the same shall be determined by the Council.
9. That the speaker of the Legislative COuncil of Lower Canada (unless otherwise provided by the Local Parliament) shall be appointed by the Crown from among the members of the LEgislative Council, and shall hold office during pleasure, and shall only be entitled to a casting vote on an equality of votes.
10. That each of the 24 Legislative Councillors of Lower Canada shall be appointed to represent one of the 2 […] Electoral Divisions thereof unintentioned in Schedule A. of the first chapter of the Consolidated Statutes of Canada, and such Councillor shall reside or possess his qualification in the division he is appointed to represent.
11. That the legislative Assembly of Lower Canada shall be composed of the 65 members to be elected to represent the 65 Electoral Divisions into which Lower Canada is now divided under chapter 2 of the Consolidated Statutes of Canada, chapter 75 of the Consolidated Statutes for Lower Canada, and the Act 23 Vieteria, chapter 1, or of my other Aet amending the same in force at the time when the Local government shall be constituted, as well for representation in the Local Legislature thereof as in the House of Commons of the Federated Provinces : Provided that it shall not be lawful to present to the LIeutenant-Governor for assent any Bill of the Legislative Council and Assembly of Lower Canada by which the limits of the electoral divisions mentioned in the schedule hereto […] marked A. may be altered unless the second and third readings of such Bill in the Legislative Assembly shall have been passed with the concurrence of the majority of the members for the time being of the said Legislative Assembly representing the electoral divisions mentioned in said schedule marked A. and the assent shall not be given to such Bill unless and address has been presented by the Legislative Assembly to the LIeutenant-Governor that such Bill has been so passed.
12. That the Legislative Assembly of Upper Canada shall be composed of […] to be elected to represent the 2 consitiuneries in Upper Canada, such consitiuneries being identical, whether for representation in the Local Legislative Assembly or for representation in the HOuse of Commons of the Federal Provinces, and which consitiuneries shall consist of the divisions and be bounded as is provided in the schedule hereto annexed marked ll.
13. That until other provisions are made the the Local Legislature of Lower and Upper Canada respectively, changing the same in either of the said Provinces, all the laws which at the date of the proclamation constituting the separate Provinces of Lower Canada and of Upper Canada shall be in force in each of the saif Provinces respectively, relating to the qualification and disqualification of any person to be elected or to sit or vote as a member of the Assembly of the Province of Canada, and relating to the qualification or disqualification of voters, and to the […] to be taken by voters, and to returning officers and their powers and duties, and relating to the proceedings at elections, and to the period during which such elections may be continued, and relating to the trial of controverted elections and the proceedings incident thereto, and relating to the vnenting of the seats of members, and to the

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issuing and execution of new writs in case of any seated being vacated otherwise than by a dissolution, shall respectively apply to elections of members to serve in the saif the Legislative Assembly of Lower Canada and in the said the Legislative Assembly of Upper Canada.

14. That the Legislative Assembly of Lower Canada and the Legislative Assembly Of Upper Canada respectively shall continue for four years from the day of the return to the writes for choosing the sme and no longer, subject nevertheless to either the said the Legislative Assembly of Lower Canada or the said the Legislative Assembly of Upper Canada being sooner prorogued or dissolved by the Lieutenant-Governor of either the said Provinces respectively.
15. That there shall be a session of the Legislature of each of the said Provinces once at least every year, so that a period of 12 months shall not intervene between the last sitting of the Local Legislature in one session and the first sitting thereof in the next session.
16. That is expedient that any Act of the Imperial Parliament which may be passed for the Union of the Colonies of British North America should contain a provision that the division and adjustment of the debts, credits, liabilities, properties, and assets of the Provinces of Upper and Lower Canada should be referred to the arbitrannent of three arbitrators, on to be chosen by the Local Government of Upper Canada, the other by the Local Government of Lower Canada, and the third by the General Government: it being further provided that the selection of the arbitrators shall not take place until after the General Parliament for British North America and Local Legislatures for Upper and Lower Canada have been elected. And that the third arbitrator shall not be a resident in either Upper of Lower Canada.

SCHEDULE A.

Electoral Divisions in Lower Canada referred to in the above Resolutions.

.

Comtimes of Pontiac.                                                                     Counties of Shefford.

Ottawa.                                                                                              Stansted.

Argenteuil.                                                                                        Compton.

Huntingdon.                                                                                    Wolfe & Richmond.

Missisquoi.                                                                                       Megantie.

Brome.                                                                             Town of Sherbrooke.

SCHEDULE B.

ELECTORAL DIVISIONS of UPPER CANADA.

Divisions to stand with their present Boundaries.

Counties of Prescott, Glengarry, Stormont, Dundas, Russell, Carleton, Prince Edward, halton, and Essex.

Ridings of counties: –Lanark North, Lanark South, Leeds and Grenville North Riding, South Riding Leeds, South Riding Grenville, Northumberland East, Northumberland West (less South Monaghan), Durham East, Durham West, Ontario North, Ontario South, York East, York West, York North, Wentworth North, Wentworth South, Elgin East, Elgin West, Waterloo North, Waterloo South, Brant North, Brant South, Oxford North, Oxford South, Middlesex East Riding.

Cities and towns: — Toronto East, Toronto West, Hamilton, Ottawa, Kingston, London, Brockville with the township of Elizabethtown. Niagara with the township of Niagara, Cornwall with the township of Cornwall.

New and altered Electoral Divisions.

District of Algoma.

County of Bruce divided into two ridings, to be called respectively the North and South Ridings.

The North Riding shall consist of the townships of Bury, Lindsay, Eastnor, Albemarle, Amahel, Aram, […], Elderslie, and Sangreen. And the village of Southampton.

The South Riding shall consist of the townships of Kineardine (including village), Greenock, Brant, Huron, Kinloss, Culross, and Carrick.

The county of Huron divided into two ridings, to be called respectively the North and South RIdings:–

The North Riding shall consist of the townships of Ashtields, Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullett including the village of Clinton. Md McKillop.

The South Riding shall consist of the town of Goderich and the townships of Goderich, Tuckersmith, Stanley, Hay, Usborne, and Stephen.

The county of Middlesex divided into three ridings, to be called respectively the North, West, and East Ridings:

The North Riding shall consist of the townships of McGillivray and Biddulph (taken from the county of Hyron), and WIlliams East, WIlliams West, Adelaide, and Lobo.

The West Riding shall consist of the townships of Delaware, Carradoe, Metcalfe, Mosa, and Ekfrid, and the village of Strathroy.

The East Riding shall consist of the townships now embraced therein, and be bounded as it is at present.

The county of Lambton shall consist of the townships of Bosanquet, Warwick, Plympton, Sarnia, Moore, Enniskillen, and Brooke, and the town of Sarnia.

The county of Kent shall consist of the townships of Chatham, Dover, East Tilbury, Rommey, Raleigh, and Harwich, and the town of Chatham.

The country of Bothwell shall consist of the townships of Sombra, Dawn, and Eupheunia (taken from the county of Lambton). And the townships of Zone, Camdett with the Gore thereof, Orford, and Howard (taken from the county of Keut).

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The county of Grey divided into two ridings, to be called respectively the South and North Ridings:–

The South Riding shall consist of the townships on Bentinck, Glenelg, Artemisia, Osprey, Normanby, Egremont, Proton, and Melancthon.

The North Riding shall consist of the townships of Collingwood, Euphrasia, Holland, Saint Vincent, Sydenham, Sullivan, Derby, and Keppel, Sarawak, and Broken, and the town of Owen Sound.

The county of Perth divided into two ridings, to be called respectively the South and North Ridings:–

The North Riding shall consist of the townships of Wallace, Elma, Logan, Elliee, Mornington, and North Easthope, and the town of Stratford.

The South Riding shall consist of the townships of Blanchard, Downie, South Easthope, Fullarton, Hibbert, and the villages of Mitchell and Ste. Marys.

The county of Wellington shall be divided into three ridings, to be called respectively North. South. And Centre Ridings :–

The North RIding shall consist of the townships of Amaranth. Arthur. Luther, Minto, Maryborough, Peel, and the village of Mount Forest.

The Centre Riding shall consist of the townships of Garafraxa, Erin, Eramosa, Nichol, and Pilkington, and the villages of Fergus and Elora.

The South Riding shall consist of the townships of Charlotteville, Houghton, Walsingham and Woodhouse, and with the Gore thereof.

The North RIding shall consist of the Townships of Middleton, Townsend, and Windham, and the town of Simcoe.

The county of Haldimand shall consist of the townships of ONeida, Seneca, Caguya North, Cayuga South, Rainham, Walpole, and Dumn.

The county of Monck shall consist of the townships of Camborough and Moulton and SHerbrooke, and the village of Dunville (taken from the country of Haldimand), the townships of Caistor and Gainsborough (taken from the county of Lincoln), and the townships of Pelham and Waintleet (taken from the county of Welland).

The county of LIncoln shall consist of the townships of CLinton, Grantham, […], and Louth, and the town of St. Catharines.

The county of Welland shall consist of the townships of Bertie, Crowland, Humberstone, Stamford, Thorold, and Willoughby, and the villages of Chippeway, Clifton, Fort Erie, Thorold, and Welland.

The county of Peel shall consist of the townships of Chinaguancousy, Toronto, and the Gore of Toronto, and the villages of Brampton and Streetsville.

The county of Cardwell shall consist of the townships of Albion and Caledon (taken from the county of Peel). And the townships of Adjala and Mono (taken from the county of Simcoe).

The county of Simcoe divided into two ridings, to be called respectively the South and the North Ridings :–

The South Riding shall consist of the townships of West Gwillimbury, Tecumseth, Innisfil, Essa, Tossorontio, Mulmur, and the village of Bradford.

The North RIding shall consist of the townships of Nottawasaga, Summidale, Vespra, FLos, Oro, Medonte, Orillia and Matebedash, Tiny and Tay, Balaklava and Robinson, and the towns of Barrie and Collingwood.

The county of Victoria divided into two ridings, to be called respectively the South and North Ridings:–

The South RIding shall consist of the townships of Ops, Mariposa, Emily Verulam, and the town of Lindsay.

The NOrth RIding shall consist of the townships of Anson, Besley, Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, Lutterworth, Macaulay, and Draper, Sommerville, and Morrison, Muskoka, Monek and Watt (taken from the county of Simcoe), and any other surveyed townships lying to the north of the said North Riding.

The county of Peterborough divided into two ridings, to be called respectively the West and East Ridings:–

The West Riding shall consist of the townships of South Monaghan (taken from the county of Northumberland), North Monaghan, SMith and ENnismore, and the town of Peterborough.

The East Riding shall consist of the townships of Asphodel, Belmonth and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope and Dysart, Otonabee, and Snowden, and the village of Ashburnham, and any other surveyed townships lying to the north of the said East Riding.

The county of Hastings divided into three ridings, to be called respectively the West, East, and NOrth RIdings:–

The West riding shall consist of the townships of South Monaghan (taken from the county of Northumberland), North Monaghan, Smith and Ennismore, and the town of Peterborough.

The East Riding shall consist of the townships of Asphodel, Belmont, and Methren, Douro, Dummer, Galway, Harvey, Minden, Stanhope and Dysart, Otonabee, and Snowden, and the village of Ashburnham, and any other surveyed townships lying to the north of the said East Riding.

The county of Hastings, divided into three ridings, to be called respectively the West, East and North RIdings:–

The West Riding shall consist of the town of Belleville, the township of Sydney, and the village of Trenton.

The East Riding shall consist of the townships of THurlow, Tyendinaga, and Hungerford.

The North RIding shall consist of the townships of Rawdon, Huntingdon, Madoe, Elzevir, Tudor, Marmora, and Lake, and the village of Stirling, and any other surveyed townships lying to the north of the said North Riding.

                  The county of Lennox shall consist of the townships of RIchmond, Adolphustown, North Fredericksburgh, South Fredericksburgh, Ernestown, and Amherst Island, and the village of Napapnee.

The county of Assington shall consist of the townships of Canden, Protland, Shulield, Hinchinbrook, Kaladar, Kemebee, Olden, Oso, Angelsen, Barrie, Clarendon, Palwerston, Ellingtham, Abinger, Miller, Canonto, Denhigh, Loughborough, and Bedford.

The county of Frontenac shall consist of the townships of Kingston, Wolfe Island, Pittsburg and Bowe Island, and Storrington.

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The county of Renfrew divided into two ridings, to be called respectively the South and NOrth Ridings:–

The South RIding shall consist of the townships of McNab, Bagot, Blithfield, Broungham, Horton, Admaston, Grattan, Matawatehan, Griflith, Lyondoch, Radelife, Brudenell, Sebastopol, and the villages of Arnprior and Renfrew.

The North Riding shall consist of the townships of Ross, Bromley, Westmeath, Stafford, Pembroke, Wilherforce, Alive, Petawawa, Buchanan, South Algona, North Algona, Fraser, McKay, Wylie, Rolph, Head, Maria, Clara, Haggerty, Sherwood, Burns and Richards, and any other surveyed townships lying north-westerly of the said North RIding.

Clerk’s Office, Legislative Assembly,                                                                                              Attest,

August 18, 1866                                                                                                                                    WM. B. LINDSAY,

Clerk, L.A.