Province of Canada, Legislative Council, [Local Constitutions] 8th Parl, 5th Sess (11 August 1866)

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Date: 1866-08-11
By: Province of Canada (Parliament)
Citation: Province of Canada, Legislative Council, Journals of the Legislative Council of the Province of Canada, 8th Parl, 5th Sess, 1866 at 278-300.
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Note: All endnotes come from our recent publication, Charles Dumais & Michael Scott (ed.), The Confederation Debates in the Province of Canada (CCF, 2022).

LEGISLATIVE COUNCIL

Saturday, August 11, 1866[1]

Alexander Campbell [Cataraqui, elected 1858, Commissioner of Crown Lands] moved, seconded by A.J. Fergusson Blair [Brock, elected 1860, President Executive Council],

To Resolve:

1. That by the 38th paragraph of the Resolution of this House passed on the third day of February, 1865, for presenting an humble Address to Her Majesty, praying that She may be graciously pleased to cause a 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, 1864, 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 41st 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 be 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 each 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 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.

7. That the Members of the Legislative Council of Lower Canada shall be British Subjects by birth or naturalization, of 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, 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 twenty-four Legislative, Councillors of Lower Canada shall be appointed to represent one of the twenty-four Electoral Divisions thereof, mentioned 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 sixty-five Members to be elected to represent the sixty-five Electoral Divisions into which Lower Canada is now divided, under chapter two of the-Consolidated Statutes of Canada, chapter seventy-five 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 the said schedule marked A, and the Assent shall not be given to such Bill unless an Address bas 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 eighty-two Members, to be elected to represent the eighty-two constituencies in Upper Canada, such constituencies being identical, whether for representation in the Local Legislative Assembly or for representation in the House of Commons of the Federated Provinces, and which constituencies shall consist of the divisions and be bounded as is provided in the schedule hereto annexed, marked B.

13. That until other provisions are made by 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 said 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 and disqualification of voters and to the oaths 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 vacating of the seats of Members and to the issuing and execution of new writs in case of any seat being vacated otherwise than by a dissolution, shall respectively apply to elections of Members to serve in the said 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 of the Writs for choosing the same, 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 of 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 twelve 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 it 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 arbitrament of three arbitrators, one 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 or Lower Canada.

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
Town of Sherbrooke.

SCHEDULE B.—ELECTORAL DIVISIONS OF UPPER CANADA.

DIVISIONS TO STAND WITH THEIR PRESENT BOUNDARIES.

1. Counties of—Prescott, Glengarry, Stormont, Dundas, Russell, Carleton, Prince Edward, Halton and Essex.

2. 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.

3. 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, Amable, Arran, Bruce, Elderslie and Saugeen and the Village of Southampton.

The South Riding shall consist of the Townships of Kincardine (including Village), Greenock, Brant, Buron, 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 Ashfield, Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullet, including the Village of Clinton, and 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, Biddulph, (taken from the County of Huron) and Williams East, Williams West, Adelaide and Lobo.

The West Riding shall consist of the Townships of Delaware, Carradoc, Metcalfe, Mosa and Elefrid 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, Romney, Raleigh and Harwick, and the Town of Chatham.

The County of Bothwell shall consist of the Townships of Sombra, Dawn and Euphemia (taken from the County of Lambton), and the Townships of Zone, Camden with the Gore thereof, Orford and Howard (taken from the County of Kent).

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 of Bentinck, Glenelg, Artemesia, Osprey, Normanby, Egremont, Prothon and Melancthon.

The North Riding shall consist of the Townships of Collingwood, Euphrasia, Holland, Saint Vincent, Sydenham, Sullivan, Derby and Keppel, Sarawak and Brooke, 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, Ellice, 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 St. Mays.

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 and 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 Town of Guelph, and the Townships of Guelph, and Puslinch.

The County of Norfolk shall be divided into two Ridings, to be called respectively the South and North Ridings:—

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 ,Wyndham, and the Town of Simcoe.

The County of Haldimand shall consist of the Townships of Oneida, Seneca, Cayuga North, Cayuga South, Rainham, Walpole and Dunn.

The County of Monck shall consist of the Townships of Canborough, and Moulton and Sherbrooke, and the Village of Dunville (taken from the County of Haldimand), the Townships of Caistor and Gainsborough (taken from the County of Lincoln), and the Townships of Pelham and Wainfleet (taken from the County of Welland.)

The County of Lincoln shall consist of the Townships of Clinton, Grantham, Grimsby 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 Chippewa, Clifton, Fort Erie, Thorold and Welland.

The County of Peel shall consist of the Townships of Chinguacousy, 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 çalled respectively the South and the North Ridings:—

The South Riding shall consist of the Townships of West Gwillimsbury, Tecumseth, Innisfil, Essa, Tossorontio, Mulmur, and the Village of Bradford.

The North Riding shall consist of the Townships of Nottawasaga, Sunnidale, Vespra, Flos, Oro, Medonte, Orillia and Matchedash, Tiny, 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 Ops, Mariposa, Emily, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, Lutterworth, Macaulay and Draper, Sommerville and Morrison, Muskoka, Monck 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 Peterborouqh.

The East Riding shall consist of the Townships of Asphodel, Belmont and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope and Dysart, Otonabee and Snowden, and the Village of Ashburnham, and other surveyed Townships lying to the North of the said East Riding.

The County of Eastings 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, Madoc, Elzevir, Tudor, Marmora 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 Fredericsburgh, Ernesttown and Amherst Island, and the Village of Napanee.

The County of Addington shall consist of the Townships of Camden, Portland, Sheffield, Hinchinbrooke, Kaladar, Kennebec, Olden, Oso, Anglesea, Burrie, Clarendon, Palmerston, Effingham, Abinger, Miller, Canonto, Denbigh, Loughborough and Bedford.

The County of Frontenac shall consist of the Townships of Kingston, Wolfe Island, Pittsburg and Hove Island and Storrington,

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, Blithfeld, Brougham, Horton, Admaston, Grattan, Matawatchan, Griffith, Lyndoch, Raglan, Radcliffe, Brudenell, Sebastopol, and the Villages of Arnprior and Renfrew.

The North Riding shall consist of the Townships of Ross, Bromley, Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, South Algoma, North Algoma, 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.

The first paragraph of the said Resolution being again read,

Alexander Campbell [Cataraqui, elected 1858, Commissioner of Crown Lands] moved, seconded by A.J. Fergusson Blair [Brock, elected 1860, President Executive Council],

That the same be adopted.

After Debate,

The question of concurrence being put thereon, the same was resolved in the affirmative.

The second and third paragraphs being again read by the Clerk and the question of concurrence put on each, they were severally agreed to.

The fourth paragraph being again read,

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.[4]

Luc Letellier de Saint Just [Grandville, elected 1860] moved, seconded by the William Chaffers [Rougemont, elected 1864],

That the said Resolutions be referred to a Committee of the Whole, 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 provided for the Legislature of Upper Canada.

The question of concurrence being put thereon, the House divided and the names being called for they were taken down as follow:

Contents

The Honorable Messieurs

Chaffers
Letellier de St. Just
Sanborn—3.

Non-Contents

The Honorable Messieurs

Alexander
Bennett
Boulton
Bull
Burnham
Campbell
Dickson
Dumouchel
Ferrier
McDonald
Matheson
Prud’homme
Ryan
Shaw
Skead
Vidal—16.

So it passed in the negative.

Then on motion of Alexander Campbell [Cataraqui, elected 1858, Commissioner of Crown Lands], seconded by A.J. Fergusson Blair [Brock, elected 1860, President Executive Council],

The said fourth paragraph was agreed to.

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]

The fifth paragraph, of the said Resolution being again read by the Clerk, and the question of concurrence put thereon, it was agreed to.

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]

The sixth paragraph of the said Resolution being again read

Luc Letellier de Saint Just [Grandville, elected 1860] moved, seconded by the William Chaffers [Rougemont, elected 1864],

That the said Resolution be referred to a Committee of the Whole, 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.

The question of concurrence being put thereon, the House divided and the names being called for they were taken down as follow:—

Contents

The Honorable Messieurs

Chaffers
Letellier de St. Just
Sanborn—3.

Non-Contents

The Honorable Messieurs

Alexander
Bennett
Boulton
Bull
Burnham
Campbell
Dickson
Dumouchel
Ferrier
McDonald
Matheson
Prud’homme
Ryan
Shaw
Skead
Vidal—16.

So it passed in the negative.

Then on motion of Alexander Campbell [Cataraqui, elected 1858, Commissioner of Crown Lands], seconded by A.J. Fergusson Blair [Brock, elected 1860, President Executive Council],

The said ninth paragraph was agreed to.

The remaining paragraphs of the said Resolution; and also the Schedules being again read by the Clerk[9], and the question of concurrence put on each they were severally agreed to.

On motion of Alexander Campbell [Cataraqui, elected 1858, Commissioner of Crown Lands], seconded by Thomas Ryan [Victoria, elected 1863],

Ordered,

That the said Resolutions be agreed to, and

Ordered,

That a Select Committee be appointed to draft an Address founded on the said Resolution, and that the said Committee be composed of the Honorable Messieurs Dickson, Ryan, Armand, Dumouchel, Shaw and the mover.

The House was adjourned during pleasure.

After some time the House was resumed, and

Alexander Campbell [Cataraqui, elected 1858, Commissioner of Crown Lands] reported an Address prepared by them as follows:—

To the Queen’s Most Excellent Majesty.

MOST GRACIOUS SOVEREIGN:

We, Your Majesty’s most dutiful and loyal Subjects, the Legislative Council of Canada, in Provincial Parliament assembled, humbly approach Your Majesty, for the purpose of praying that Your Majesty may be graciously pleased to cause a measure to be submitted to the Imperial Parliament, for the purpose of providing for the Local Governments 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 following Resolutions, which have this day been adopted by the Legislative Council:

To Resolve:

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.

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.

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
Town of Sherbrooke.

SCHEDULE B.—ELECTORAL DIVISIONS OF UPPER CANADA.

DIVISIONS TO STAND WITII 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.