Document Information

Date: 1866-08-02
By: Province of Canada (Parliament)
Citation: Province of Canada, Legislative Assembly, Journals of the Legislative Assembly of the Province of Canada, 8th Parl, 5th Sess, 1866 at 274-281.
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2 August 1866

• (p. 274)

The House resumed the further consideration of the Resolutions on the subject of the Local Governments and Legislatures of Upper and Lower Canada; and the, adjourned Debate upon the Question which was this day proposed, That this House doth concur in the first of the said Resolutions.

And the Question being put, That this House doth concur in the First Resolution:—

It was resolved in the Affirmative.

• (p. 275)

The second Resolution, being again read, as followeth:—

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.

On motion of the Honorable Mr. Attorney General Macdonald, seconded by the Honorable Mr. Attorney General Cartier, the said Resolution was amended, by inserting the words “provisions of the” after the word “the,” where it occurs the first time.

And the Question being put, That this House doth concur in the said Resolution; the House divided:—And it was resolved in the Affirmative.

And the Question being put, That this House doth concur, in the Third Resolution; the House divided:—And it was resolved in the Affirmative.

The Fourth Resolution, being again read, as followeth:—

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.

The Honorable Mr. Dorion moved, in amendment, seconded by the Honorable Mr. Laframboise, that all the words after “That,” to the end of the Question, be left out, and the words “the said Resolution be committed to a Committee of the whole House, to provide that, in order to simplify and diminish the cost of Legislation, the Legislature of Lower Canada be not composed of two Houses, whereof one shall be appointed by the Governor, and called the Legislative Council, but that it consist of one Chamber only, to be elected by the people, as is proposed for the Legislature of Upper Canada,” inserted instead thereof.

And a Debate arising thereupon;

—

Mr. Speaker, under the provisions of chapter four of the Consolidated Statutes of Canada, called upon Mr. Street, Member for the County of Welland, to take the Chair during his temporary absence.

Mr. Street accordingly took the Chair of the House.

And after some time spent therein; Mr. Speaker resumed the Chair.

And the House having continued to sit until after Twelve of the Clock on Friday Morning;

Friday, 3rd August, 1866.

And the Question being put on the amendment; the House divided: and the names being called for, they were taken down, as follow:—

YEAS:

Messieurs

[…] —31.

NAYS:

Messieurs

[…]—69.

• (p. 276)

So it passed in the Negative.

Then, the Question being put, That this House doth concur in the said Resolution; the House divided:—And it was resolved in the Affirmative.

The Fifth Resolution, being again read, as followeth:—

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.

The Honorable Mr. Cameron (Peel) moved, in amendment thereunto, seconded by Mr. Morris, That all the words after “Upper Canada,” where it occurs the first time, be left out, and the words “composed of two Chambers, to be called the Legislative Council and the Legislative Assembly of Upper Canada,” inserted instead thereof.

And the Question being put on the amendment; the House divided: and the names being called for, they were taken down, as follow:—

YEAS:

Messieurs

[…] —13.

NAYS:

Messieurs

[…]—86.

So it passed in the Negative.

• (p. 277)

Then, the Question being put, That this House doth concur in the said Resolution; the House divided;—And it was resolved in the Affirmative.

The Sixth Resolution, being again read, as followeth:—

6. That the Legislative Council of Lower Canada shall be composed of twenty-four 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 said Council, his seat shall thereby become vacant.

And the Question being proposed, That this House doth concur in the said Resolution;

The Honorable Mr. Dorion moved, in amendment, seconded by the Honorable Mr. Holton, That all the words after “that” to the end of the Question, be left out; and the words “the Resolution be committed to a Committee of the Whole House, to provide that the Members of the proposed Legislative Council shall be elected by the people, instead of being appointed for life by the Crown,” inserted instead thereof.

And the Question being put on the amendment; the House divided: and the names being called for, they were taken down, as follow:—

YEAS:

Messieurs

[…] —31.

NAYS:

Messieurs

[…]—63.

So it passed in the Negative.

Then, the Question being put, That this House doth concur in the said Resolution; the House divided:—And it was resolved in the Affirmative.

And the Seventh Resolution, being again read, as followeth:—

7. That the Members of the Legislative Council of Lower Canada, shall be British Subjects by birth or naturalization, or the full age of thirty years, shall possess a continuous real property qualification, in Lower Canada, of four thousand dollars, over and above all incumbrances, shall continue worth that sum over and above their debts and liabilities. 

And the Question being proposed, That this House doth concur in the said Resolution;

• (p. 278)

The Honorable Mr. Dorion, moved, in amendment, seconded by the Honorable Mr. Holton, That all the words after “that” to the end of the Question, be left out, and the words “the Resolution be committed to a Committee of the Whole House, to provide that no Member of the Legislative Council shall hold any office of emolument under either the General or Local Government, nor receive, either directly or indirectly, any salary, remuneration or indemnity whatsoever for such office, or for his services as such Member of the Legislative Council, while he shall have a seat in the Council.

“This will not apply to the Executive Councillors and to the salaries attached to the respective Departments or offices they shall fill,” inserted instead thereof.’

And the Question being put on the amendment; the House divided; and the names being called for, they were taken down, as follow:—

YEAS:

Messieurs

[…] —26.

NAYS:

Messieurs

[…]—67.

So it passed in the Negative.

Then, the Question being put, That this House doth concur in the said Resolution; the House divided:—And it was resolved in the Affirmative.

And the Question being put, That this House doth concur in the Eighth Resolution; the House divided:—And it was resolved in the Affirmative.

The Ninth Resolution, being again read, as followeth:—

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.

And the Question being proposed, That this House doth concur in the said Resolution;

The Honorable Mr. Dorion moved, in amendment, seconded by the Honorable Mr. Holton, That all the words after “That,” to the end of the Question, be left out, and the words “the Resolution be committed to a Committee of the whole House, to provide that the Speaker of the Legislative Council be chosen from among the Members of the

• (p. 279)

Legislative Council, and elected by a majority of those present at the opening of each “Parliament,” inserted instead thereof;

And the Question being put on the amendment; the House divided: and the names being called for, they were taken down, as follow:—

YEAS:

Messieurs

[…] —24.

NAYS:

Messieurs

[…]—63.

So it passed in the Negative.

Then, the Question being put, That this House doth concur in the said Resolution; the House divided:—And it was resolved in the Affirmative.

And the Question being put, That this House doth concur in the Tenth Resolution; the House divided:—And it was resolved in the Affirmative.

The Eleventh Resolution, being again read, as followeth:—

11. That the Legislative Assembly of Lower Canada shall be composed of the sixty-five Members to be elected to represent the sixty-five 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 Victoria, chapter 1, or of any other Act, 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 annexed, 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 an Address has been presented by the Legislative Assembly to the Lieutenant Governor that such Bill has been so passed.

And the Question being proposed, That this House doth concur in the said Resolution;

The Honorable Mr. Cauchon moved, in amendment, seconded by the Honorable Mr. Dorion, That all the words after “That” to the end of the Question, be left out, and the

• (p. 280)

words “the said Resolution be committed to a committee of the whole House,” in order to leave out all the words after “Provided that,” inclusively, inserted instead thereof;

And the Question being put on the amendment; the House divided: and the names being called for, they were taken down, as follow:—

YEAS:

Messieurs

[…] —24.

NAYS:

Messieurs

[…]—68.

So it passed in the Negative.

Then, the Question being put, That this House doth concur in the said Resolution; the House divided:—And it was resolved in the Affirmative.

And the Question being put, That this House doth concur in the Twelfth, Thirteenth, Fourteenth, Fifteenth and Sixteenth Resolutions; the House divided:—And it was Resolved in the Affirmative.

And Schedule A, being again read, as followeth:—

SCHEDULE A.

Electoral Divisions in Lower Canada referred to in the above Resolutions:—

Counties of Pontiac,

“ Ottawa,

“ Argenteuil,

“ Huntingdon,

“ Missisquoi,

” Brome,

” Shefford,

“ Stanstead,

“ Compton,

” Wolfe and Richmond,

“ Megantic and

the Town of Sherbrooke

And the Question being put, That this House doth concur in the said Schedule; the House divided;—And it was resolved in the Affirmative.

• (p. 281)

Then, on motion of the Honorable Mr. Attorney General Macdonald, seconded by the Honorable Mr. Attorney General Cartier,

The House adjourned.