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Date: 1866-07-16
By: Province of Canada (Parliament)
Citation: Province of Canada, Parliament, Scrapbook Debates, 8th Parl, 5th Sess, 1866 at 47-48.
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LEGISLATIVE ASSEMBLY.

Monday, July 16^th 1866.

The speaker took the chair at three o’clock

After the transaction of routine business:

Hon. Mr. McDougall presented a return to an address for papers relating to leave of absence given to Judges in Lower Canada during the past three years.

Mr. Powell moved that the time for receiving petitions for private bills be extended until Monday, the 23^rd inst. for receiving private bills to Monday the 30^th inst. And reports on private bills to Monday the 6^th of August, and that all petitions already presented but not received on the ground of the period for the reception thereof having expired, be forthwith received. – Carried

The following bills were road a third time and passed.

To confirm the settlement made by Charlotte Henderson, deceased, of an undivided moiety of lands in Bytown, otherwise Ottawa City, in Upper Canada, and to invest the entirety of the same lands in Trustees, with power of sale and management. – Mr. Powell.

To amend the City of Hamilton Debentured Act of 1864m by giving the city additional powers in selling lands for arrests of taxes and for more clearly defining the rights and liabilities for purchasers of land sold under that Act, and for other purposes. – Mr. Magill.

To incorporate the Rossin House Hotel Company. – D. MacDonald (Toronto)

To incorporate the Pierreville Stoum Mills Company. – Mr. Geoffrion

To incorporate the Ottawa Natural History Society. – Mr. Morris

To incorporate the Waterloo Magog, and Stanstead Railway Company – Mr. Knight

To incorporate the South Eastern Countless Junction Railway Company – Mr. Dunkin

To revive the Act 26^th Vie., Cap. 16, and to extend the time for the completion of the Hamilton and Port Dover Railroad. – Mr. Wood.

To Amend the Act incorporating the [sic] Valley Railroad company – Mr. Knight

To confirm certain By-law of the Municipal Corporation of the Comity of Oxford, and to confirm sales of land for taxes imposed under and by virtue of the maid by-laws – Hon. Mr. Brown.

To incorporate the St. Patrick’s Asylum of Ottawa. – Mr. Currier

To incorporate the Steel, Iron, and Railway Works Company (Limited). – Hon. Mr. Brown.

The House went into committee to consider on exemption the Vinegrowers Association from certain duties of excise and taxes. – Resolution reported.

[Massive Chunk of illegible text] … committee on … passed and ordered …

On the motion for … in Committee… Act 25 Vie., … more convenient … amendments…

Mr. Morrison moved in amendment that the House go into committee on said bill this day six months. He explained the ground on [text missing] the Town of Niagara  resisted the proposed bill. Until 1847 the town of Niagara had built a [text missing] Court House, and an Act of Parliament [text missing] passed was still in [text missing] declaring that the sittings of the Courts or the County of Lincoln should be held there [text missing]. In the bill changing the County seat from Niagara to St. Catharines, a clause was inserted for forcing the claims of Niagara for [text missing] for the use of the Court House by the [text missing] to arbitration, and [text missing] for Lincoln to shew that [text missing] bringing the arbitration to a settlement [text missing] been caused by the [text missing] of Niagara. He explained the circumstances [text missing] with appointment of arbitrator and stated that Niagaraonly opposed the present bill because it would deprive it of the security given to it by the arbitration clause in the bill of 1862. [Text missing] desired the House to settle this dispute at once, and to show that the town of Niagara was willing to act fairly in the premises  if the Country would place $20,000 in the hands of the arbitrators to await their award, he would consent that the proclamation should issue at once.

Mr. McGivern characterized the member for Niagara’s opposition as most unfair towards the interests of the Country of Lincoln.

Hon. J. A. MacDonald said the one was somewhat of a difficult one to deal with. It was opposed with so much pertinacity by the hon. member for Niagara, and pushed forward with such energy by the member for Lincoln, that it must be disposed of in some way. He had a suggestion to make which he thought would settle the matter. The country of Lincoln had put in a chain of $5,000 out of the Upper Canada building forwards the building of their new goal: he proposed that the County should deposit $4,000 in the hands of the Receiver-General upon which the proclamation would issue at once. If the $10,000 thus at the credit of the County were not all required in the payment of the award to Niagara, the balance could be paid to the Country. On the other hand, if the award exceeded that amount, Niagara must then collect the difference by the ordinary process. He moved an amendment, embodying his resolution.

Mr. McGivern considered that such a course would be to prejudge the case of the County and would not be fair towards it.

Mr. Morrison would accept the Amendment of the Attorney-General West.

Mr. White considered the amendment an exceedingly fair and reasonable mode of settlement and he warned the member for Lincoln that if he refused to agree to it, he (Mr. W.) should vote against the bill.

Mr. Powell spoke to the same effect.

Mr. Giverin said he would accept this amendment.

The bill passed through committee and was ordered to a third reading tomorrow.

Mr. Pope rose to a question of privilege. He said that the member for Quebec (Mr. Alleyn on going away for a few days had given him (Mr. Pope) the key of his desk, and the charge of his seat. Subsequently the member for South Simcoe had taken possession, and had even got the old, lock taken off and a new one put on. He thought it was very improper that members should thus be allowed to encroach upon the privileges of others.

Mr. Fergusson stated the difficulties he lead encountered in obtaining a seat at the opening of the session. First, on coming down he had seated himself with the hon. member for Toronto, though he found the desk labelled with the name of his colleague from the same city. When the other member for Toronto came down, he had given him up the seat, though he did not see what right scats were labelled off and held on behalf of members who were absent. He had then ascertained that the member for Quebec was going horses, and had occupied his seat; having asked the member for Compton for the key which that gentleman refused. He had then opened the desk with another key, found a few papers which he held up and which he said would be there safely until Mr. Alleyn’s return.

Several members addressed the House on the subject, disapproving of the course of the member for South Simcoe.

The Speaker was understood to say that when a member occupied a seat and desk at the beginning of a session, they were understood to be held during the remainder of that session.

Mr. Fergusson said he would be quite willing to give up the seat to the Hon. Mr. Alleyn when he returned.

Further remarks were made on the subject, when six o’clock came, and the Speaker left the chair.

After the Recces

The bill to confirm and establish the existing line between the 4^th and 5^th Ranges of the Township of Buckingham (Mr. Currier) passed through Committee.

On the motion for the second reading of Mr. J. B. E. Dorion’s bills to erect the Township of Clifton into two separate municipalities, a long discussion ensued, Messrs. Pope, Dunkin, J. H. E. Dorion, and others taking part; the motion was carried

The following bills were read a second time:

To extend the time for the completion of the works of the North Shore Railway and St. Maurice Land and Navigation Company. – Mr. DeNiverville

To resolve the terms on which the Great Western Railway Company was authorized to complete the Railway from Galt to Guelph – Mr. Street

To confer on the Ottawa College the rights and powers of a University – Mr. Currier

To divide the Municipalities of “Gape Bay South and York” into two separate Municipalities – Mr. LeBoutillier

To authorize the construction of a Tramway Railroad form the village of Orangeville in the county of Wellington, to some point on the Grant Trunk Railway. – Mr. Parker

To revive and amend the Act 25 Vie, esp. 156, initiated – an act to incorporate the Toronto and Owen Sound Railway Company – Mr. J. Shuter Smith

To authorize compensation for certain claims in respect of an erroneous survey of the line between the sixth and seventh concessions of the Township of Hamilton, by the issue of landship therefor – Mr. J. Shuter Smith

To authorize the issue to Messrs. J. D. Whelpley and J.J. Storer, of letters patent for […]

• (p. 48)

[…] a new and improved system of treating metallic ores.—Mr. Shanly.

To extend the provisions of the Act 25^th Vic., Chap. 40, intituled, “An Act to confirm and establish certain roads in the township of Reach. —Mr. M.C. Cameron.

To render valid certain Acts of deceased Notaries. —Mr. Lajoie.

To remove doubts as to the legality of a Canon of the Diocese of Quebec, respecting the Parish and Chapelries of Quebec. —Mr. Irvine.

To incorporate the Crystal Lake Cemetry Company. —Mr. Knight.

To authorize the Trustees of the Presbyterian Congregation of the town of Woodstock, in connection with the Church of Scotland, to sell certain lots in the said town, held by them in trust for the said Congregation (from Legislative Council.) —Hon. Mr. Brown.

To vest certain lands in the Rector and Church wardens of St. James’ Church, Toronto (from the Legislative Council.) —Hon. Mr. M.C. Cameron.

To amend the Act 20 Vic. Chap. 227, intitlued, “An Act to incorporate the International Bridge Company. —Mr. Morrison.

To authroize the sale of certain lands belonging to the estate of the late Hon. Peter Adamson —Mr. MacFarlane.

To amend the Charter of the Quebec Fire Assurance Company. —Hon. Mr. ALleyn.

To incorporate the Union Fire, Ocean and Inland Insurance Company. —Hon. Mr. Rose.

To enable John Auld to sell certain Real Estate. —Hon. Mr. Rose.

To revive and amend the Act 25 Vic., Chap. 122, intituled, “An Act to incorporate the North0West Transportation, Navigation and Railway Company —Mr. Morrison.

To consolidate the indebtedness of the town of Stratford, in the County of Perth —Mr. MacFarlane.

To amend certain errors in a conveyance from one Alexander Dixon, deceased, to W. M. Westmscott, dated 1^st September, 1854, and to confirm a sale of certain lands thereunder —Hon. Mr. Cameron (Peel.)

To incorporate the Belleville and Marmora Railway Compan (from Legislative Council_. —Mr, Morrison.

(No. 195) To erect the Parish of St. Bonaventure into a separate Municipality —Mr Geoffrion.

To incorporate the Belleville and North Hastings Mineral Districts Railway Company. —Mr. Wallbridge (North Hastings)

To authorise the admission of William Lynn Smart, as a Barrister in Upper Canada. —Mr. Powell.

To incorporate the Long Point-Company. —Mr. McGiverin.

To incorporate the Town of Victoriaville. —Mr. Geoffrion.

To enable the Municipality of the Town of Belleville to purchase a site for public CCemetry, and to exempt the Roman Catholic rate-payers of the said Municipality from taxation on account of the same (from Legislative Council.) —Mr. Wallbridge (North Hastings.)

To provide for ascertaining what persons have rights in the Commons of Berthier and Ilse du Pads. —(from Legislative Council.) —Mr. Dufresne (Montcalm.)

To amend the Charter of the Bank of Upper Canada —(from the Legislative Council). —Mr. Street.

Mr. Morris asked whether it was the intention of the Government to prescribe a course of Elementary Military instructions for Grammar School Pupils in Upper Canada, under the Grammar School Act of 1865, and to submit to the consideration of the House an appropriation therefor; and also, whether such course is intended to comprise instructions in actual drill or the elements of military science?

Hon. J.A. Macdonald was indistinctly heard in reply. He was understood tosay that there was noappropiration for the purpose this year, but the Adjuntant-General had been instructed to communicate with the principals of the schools upon the subject.

Mr. Taschereau asked whether R. Pope, Esquire, was still employed at St. Francois, Beauce, as a mining agent, at $5 per day?

Hon. G.E. Cartier replied that he was still employed by the Government as mining agent at that salary.

Mr. Jones, (South Leeds), asked whether it is the intention of the Government to make provisions, by way of pension, for the wounded, and also for the families of those who were killed during the recent Fenian Raid upon the Niagara Frontier?

Hon. J.A. Macdonald said it was the intention of the Government to submit a measure on the subject before the House rises.

Mr. Shanly asked why the Commissioner of Crown Lands’ Report of 31^st December, 1865, has been distributed to Members without the maps which the Department has hadlithographed expressly to illustrate those parts of the Report having reference to the Mineral Districts of Lakes Huroon and Superior?

Mr. McKenzie explained that the Priting Committee was not aware of the intention to distribute these maps with the reports. They might, however, if it were desired, be got out and distributed at another time.

Mr. McKenzie in the absence of Mr. McConkey asked whether, in view of the early consummation of Confederation, it is the intention of the Government to put the Government House, Parliamentary and Departmental Buildings at Toronto, in a suitable state of repair, for the reception of the Government and Legislature of U. Canada.

Hon. J.A. Macdonald replied that it was the intention of the Government to make an appropriation to prepare a Governor’s residence, and to repair the Parliament Buildings at Toronto for the accommodation of the Local Legislature of Upper Canada; and as a matter of course a like provision would be made at Quebec to accommodate the Local Legislature of Lower Canada.

Mr. Wallbridge (North Hastings) moved for a Committee of the whole for some future day to consider of a grant of lands in aid of the construction of a Railway from Belleville to Madoc and Marmora. He dwelt at considerable length on the vast importance of iron ore which would be made available by the construction of the projected Railway. He next referred to the land and money grants already made towards the building of other Railways, contending that the enterprise he was advocating was quite as much entitled to public aid as any of them, as opening up a profitable branch of trade, which would confer immense benefit upon the country at large. He only asked for a grant of 500,000 acres of land, to be placed at the disposal of a responsible company that would build the road. He contended that millions of money were annually sent out of the country, for articles that could be produced here if the iron mines were worked as they might be.

Hon. Mr. McDougall said he coincided with very much which the hon. gentleman had said, but under present circumstances, he did not believe it would conduce to the public good to set aside a block of land of 500,000 acres, for the purpose stated. It was true, and a very gratifying fact, that in Lower Canada, in Central Canada, and on the shores of Lakes Huron and Superior, there were immense deposits of mineral wealth, iron, copper, silver, nickel, and other metals, which he hoped the industry and enterprise of our own people would, in time, make available; but to set apart a block of land, like that asked for, would necessitate a change in the whole land policy of the country.

The motion was withdrawn and the House adjourned at ten minutes to 11 o’clock.