Document Information

Date: 1864-06-30
By: Province of Canada (Parliament)
Citation: Province of Canada, Parliament, Scrapbook Debates, 8th Parl, 2nd Sess, 1864 at 221-223.
Other formats: Click here to view the original document (PDF).

LEGISLATIVE COUNCIL.

THURSDAY, June 30th, 1864.

The SPEAKER took the Chair at eleven o’clock a.m.

THE LATE MINISTERIAL CRISIS.

Hon. Sir E. P. TACHE said he had the honor to lay before the house, for its information and that of the public, the correspondence which took place between His Excellency and his responsible advisers, in relation to the late Ministerial crisis, which papers he handed over to the Clerk, requesting that he should read them at full length.

Hon. Sir N. F. BELLEAU suggested the propriety of having the correspondence printed, thus doing away with the necessity of having it read.

The SPEAKER observed that it might be printed with the proceedings of the day.

Hon. Sir N. F. BELLEAU thereupon moved that the said correspondence be so printed at full length, and form part of the proceedings. —Carried.

The House then adjourned during pleasure.

At soon, His Excellency the Governor General proceeded in state to the Chamber of the Legislative Council in the Parliament Building. The Members of the Legislative Council being assembled, His Excellency was pleased to command the attendance of the Legislative Assembly, and that House being present, the following bills were assented to in Her Majesty’s name by His Excellency the Governor General, viz:

An Act to incorporate the Royal Canadian Bank.

An act to authorize the Corporation of the Village of Yorkville, to issue Debentures for redeeming their outstanding Debentures, for which no Sinkning Fund has been set aside.

An act to incorporate the Seamen’s Union Bethel of Montreal.

An act to incorporate the Yamaska Dispensary.

An act to confirm and continue the Parish of St. Gabriel de Brandon as a Municipality.

An act to provide for the conveyance of lands sold by the late Charles Lawrence Herchmer, Esq., deceased.

An act to incorporate the Quebec Typographical Society.

An act to change the tenure of the Indian lands in the Township of Dundee, in the County of Huningdon.

An act to authorize Maria Murney, Executrix, to sell certain portions of the Real Estate of the late Honorable Edmund Murney, and for other purposes.

An act to authorize the admission of John Thompson Huggard to practise as a Barrister, Attorney and Solicitor, in the Courts of Law and Equity in Upper Canada.

An act to authorize the Lord Bishop of the Diocese of Ontario, and the Rector of Kingston, to dispose of the Queen Street School Property, in the City of Kingston.

An act to amend the Charter of the Eastern Townships Bank.

An act to amend the act respecting the Surrogate Courts.

An act to declare the […] erected as St. Foy, to the memory of the brace men of […] hundred and sixty, to be Public Property.

An act to naturalize John Porterfield.

An act to authorize the Law Society of Upper Canada to admit the Honourable Michael Hamilton Foley as a Barrister-at-law.

An act to amend the act incorporating the […] Valley Railway Company.

An act to enable the surviving Trustees, under the Will of the late Lieutenant-General Sir William Johnston, K. C. R. deceased, to sell certain lands in Canada belonging to the estate of the said General Johnston.

An act to reconstitute the Debentures Debt of the City of Hamilton and to facilitate the arrangement thereof.

An act to incorporate the Humane Society of Canada.

An act to confirm certain Side Reads in the Township of King, and to provide for the defining of the limits of the same, and of the Road Allowances and Lines, and to establish a Road Allowances through the First Concession along and upon the southern boundary […] the said Township.

An act to incorporate the French Canadian Butchers’ Benevolent Society of Montreal.

An act to incorporate the Society called “L’Union St. Jacques de Montreal.”

An act to amend the act to incorporate the Asyium of the Good Shepard of Quebec.

An act to compel Informers suing for penalties in certain cases, to give security for costs.

An act further to amend the Charter of the South-Eastern Mining Company of Canada.

An act to amend the acts relating to the Welland Railway COmpany.

An act to incorporate the Board of Trade of the City of Hamilton.

An act to change the period for the annual meetings of Agricultural Societies of Lower Canada.

An act to incorporate the Grand and Subordinate Divisions of the Sons of Temperance in Canada East.

An act to incorporate the Children’s Industrial School of the City of Hamilton.

An act to incorporate the “Ladies’ Protestant House of Refuge of London.”

An act to incorporate the Grand Temple and Subordinate Temples of the Independent Order of Good Templars of Canada.

An act to incorporate the St. Joseph Union Society of the City of Ottawa.

An act to provide for the succession of Trustees to the property of the St. Gabriel street Church and Manse at Montreal, and to settle pending litigation relative thereto.

An act to incorporate “Les Sceurs du Précieux Sang” of St. Hyacinthe.

An act to incorporate the Society called “L’Union St. Louis de la cote St. Louis, Larousse de Montreal, comte d’Hochelaga.”

An act to amend the acts relating to the Charter of the Canada Company.

An act to enable the proprietors of the Islands Du moon and Des Barques to make regulations for the better government of the said islands.

An act for the relief of the Western Permanent Building Society.

An act to authorize the Incumbent and Church Wardens of St. James’ Church, in the village of Carleton Place, to lease certain minerals in and upon certain lands to the said Church belonging.

An act to amend chapter 24 of the Consolidated Statutes for Lower Canada, instituted: “An act respecting Municipalities and Roads in Lower Canada,” and the cats amending the same.

An act respecting the Ocean Mail Service.

An act to authorize the acceptance of certain incorporated companies as sureties for public officers.

An act respecting Insolvency.

An act respecting Jurors and Juries.

An act respecting the representation of the people in the Legislative Assembly, as regards the Counties of L’Assomption, Jollette and Montcalm, and for other purposes.

An act for the collection, by means of stamps of fees of office, dues and duties payable to the Crown upon law proceedings and registrations.

An act to amend the act of incorporation of the Iberville Academy.

An act to incorporate the […] River Improvements Company.

An act to incorporate the Reividere Mining and Smelting Company.

An act to incorporate the Sherbrooke Mining and smelting Company.

An act to facilitate the administration of the estates of the late Robert Shaw Miller, and Eliza Mitchell, his wife.

An act respecting the Waterloo and Sangreia Railway Company.

An act to remove counts under the will of the later John Gray, in his lifetime of St. Cathrines, near Montreal.

An act to amend the act of incorporation of the Canadian Literacy Institute of Woodstock.

An act to amend the one hundred and first chapter of the Consolidated Statntes of Canada, respecting the appointment of Magistrates in remote parts of the Province.

An act to enable the Art Association on Montreal to establish an Art Union in connection with the other operations thereof.

An act to extend the charter of the Upper and Lower Canada Bridge Company.

An act to incorporate the Congregational College of British North America.

An act to incorporate the Trustees of the American Presbyterian Society of Montreal.

An act to enable the Corporation of the village of Caledonia to issue new debentures to redeem certain others now outstanding.

An act to amend the act to consolidate the debt of the town of Bowmanville.

An act to incorporate the village of Napanee as a town, and for other purposes.

An act to erect the parishes of Ste. Brigitte, St. Wenceslas, St. Celestin, St. Leonard and St. Eulalie, in the county of Nicolet, into local municipalities.

An act to enable the trustees of the late John Whyte to dispose of certain property under his will.

An act to divide the township of Lochsber, in the county of Ottawa, into two separate municipalities, to be named respectively “Lochaber” and “St. Malachy”.

An act to amend the third section of the eighty-eight chapter of the Consolidated Statutes for Upper Canada.

An act to amend the acts incorporating the St. Lawrence Mining Company.

An act to incorporate the Levis Minining Company of Canada East.

An act to incorporate the Atlas Gold Mining Company.

An act to naturalize Stirling Dupree Payne.

An act to grant certain powers to the Canada West Farmer’s Mutual and Stock Insurance Company.

An Act to enable certain Religious Societies or Congregations of Christians to appoint successors to Trustees of Lands held on their behalf.

An act to amend the act intituled: “An act to incorporate the Canada Marine Insurance Company”.

An act to change the limits of certain municipalities in the counties of Wolfe and Arthabaska.

An act to incorporate the Fergus, Elora and Guelph Railway Company.

An act to amend the act intitled: “An act to incorporate the Merchants’ Bank”.

An act to incorporate the Beauharnois, Chateauguay and Huntingdon Navigation Company.

An act to incorporate the Ottawa River Navigation Company.

An act to incorporate “The Lancaster Oil Company.”

An act to incorporate the Carleton Lead Mining Company.

An act to incorporate the Bunker Hill Gold Mining Company.

An act to incorporate the Bunker Hill Gold Mining Company.

An act to incorporate the Eastern Townships Eldorado Gold and Copper Mining Company.

An act to incorporate the Marrington Canada Mining Company, (Limited).

An act to incorporate the Ophir Gold Mining Company.

An act to incorporate the Magog Gold Mining Company.

An act to incorporate the St. Francis Mining and Smelting Company.

An act to incorporate the River Famine Gold Mining Company.

A act to incorporate the Alliance Mining and Smelting Company.

An act to incorporate the Stadacona Mining and Smelting Company.

An act to incorporate the Halifax Mining Company.

An act to incorporate the British American Exploring and Mining Association.

An act respection short forms of mortgages in Upper Canada.

An act to amend the “Act relating to the Court of General Quarter Sessions of the Peace.”

An act to extend the jurisdiction of Police Magistrates in towns in Upper Canada.

An act relating to Justices of the Peace in Quarter sessions in Provisional Judicial Districts in Upper Canada.

An act to authorize the granting of charters of incorporation to manufacturing, mining and other companies.

An act to avoid the proclamation declaring Walkerton the County Twon of the County of Bruce, and enable the Municipal Electors of the said County to select a County Town.

An act to qulet titles to certain properties sold by lot.

An act to amend the law of Lower Canada as to the execution of wills in the English form.

An act to grant certain powers to the Beaver Mutual Fire Insurance Association.

An act respecting the side lines of lots in the Township of Bedford.

An act to revive and continue for a limited time the provision for the geological survey of this Province.

An act to incorporate the Nicolet Antimony Mining Company.

An act to incorporate the Kennebec Gold Mining Company.

An act to incorporate the Yamaska Mining Company.

An act to incorporate the Du Loup Gold Company.

An act to incorporate the Escott Mining Company of Canada.

An act to incorporate the Lower Canada Copper Mining Company.

An act to incorporate “The Canada Copper Company”.

An act to incorporate “The Bedford Copper Company”.

An act to incorporate the Consolidated Coppoer Company.

An act for the reorganization of the Port Hope, Lindsay and Beaverton Railway Company       , and to authorize the said Company to acquire and hold the harbour of Port Hope, and for other purposes.

An act to amend section forty one of chapter twenty four of the Consolidated Statues for Upper Canada, relating to arrest and imprisonment for debt.

An act to incorporate the Wellington, Grey and Bruce Railway Company.

An act to amend chapter forty five of the Consolidated Statues of Canada respecting the inspection of steamboats, and for the greater safety of passengers by them.

An act to regulate the inspection of Raw Hides and Leather.

An act to erect certain new municipalities in the county of Drummond, by the names of Kingsey Falls and South Durham.

An act to extend the powers of the Local Municipality of St. Colombe de SIllery.

An act to amend the acts “respecting the Milita”, and the “Volunteer Militia Force”.

An act to incorporate the Provincial Forwarding Company (Limited).

An act to authorize William Berczy and others, to dispose of certain lands heretofore forming part of the domain of the Seigniory of Daillebout.

An act to amend and consolidate the acts respecting duties of Excise, and to impose certain new duties.

An act to repeal chapter thirty eight of the Consolidated Statutes for Upper Canada, intituled : “An act respecting the Office of Sheriff”. And to make further provisions respecting the said Office in Upper Canada.

An act to amend chapter fifty-four of the Consolidated Statues for Upper Canada, intituled: “An act respecting Municipal Institutions of Upper Canada”.

An act to incorporate “The Huntington Copper Company”.

An act to incorporate the Canada Exploring and Mining Company.

An act to amend and consolidate the law respecting Accessories to and Abettors of Indictable Offences and for other purposes relative to the criminal law.

An act to amend the law respecting the Public Accounts, and the Board of Audit.

An act to replace the improvements in the navigation of the River St. Lawrence, between the harbours of Quebec and Montreal, under the control of the Commissioner of Public Works.

An act to amend chapter nineteen of the Consolidated Statutes for Upper Canada, intituled: “An act respecting Division Courts”.

An act to incorporate the Hill Mining Company.

An act to incorporate the Massawippi Mining Company.

An act to amend the law respecting the navigation of Canadian Waters.

An act to regulate the storing of gunpowder in and near the cities of Montreal and Quebec.

An act to afford a more expeditious remedy as regards tenants over-holding wrongfully in Upper Canada.

An act to amend the act respecting Emigrants and Quarantine.

An act to impose duties on promissory notes and bulls of exchange.

An act respecting investigation into shipwrecks.

An act to authorize the Council of the city Quebec to issue debntures for the enlargement of the Gates of the said city.

An act for the protection of the insectivorous and other birds birds beneficial to agriculture.

An act to amend the act passed in the twelfth  year of Her Majesty’s reign, relating to the Trinity House at Montreal.

An act to amend the law in qui tam actions in Lower Canada.

An act relative to summary convictions under municipal by laws in Lower Canada.

An act to diminish the expense of sales en justice and of confirmations of title, and to facilitate the taking of “ …”, the summoning of absentees, the judicial distribution of moneys, the seizure of constituted rents representing seigniorial rights, and to provide for the review of judgements in “…” in Lower Canada.

An act further to amend the Act respecting Duties of Customs and the Collection thereof, and to alter the duties on certain goods.

An act to amend the act respecting the practice of Physic and Surgery and the study of Anatomy.

An act to render valid certain Deeds passed before Notaries now deceased.

An act to Consolidate the Debt of the Two of St. Thomas, Canada West, and for the other purposes therein mentioned.

An act to revive and amend the act incorporating the Stratford and Huron Railway Company.

An act to enable the Trustees of the congregation of the Presbyterian Church of Canada, in connection with the Church of Seotlaud, in the township of Elgin, to convey certain real estate.

An act to amend the acts incorporating the City of Three Rivers.

An act to enlarge the powers of the Montreal and Champlain Railroad Company, to confirm a certain agreement entered into by the said Company, and to secure a permanent railway City Station in Montreal.

An act to continue, for a limited time, the several acts therin mentioned.

An act to incorporate “The Portlock Harbor Mining Company”.

An act to enable the Lord Bishop of Montreal, with the consent of the Incumbent and Church Wardens of Trinity Church, Montreal, to raise a loan or loans on certain Church property for the purpose of completing Trinity Church.

An act to incorporate the Chauiere Valley Railway Company.

An act to amend the laws in force respecting the Sale of Intoxicating Liquors and the issue of Licenses therefor, and otherwise for repression of abuses resulting from such sale.

An act to amend the act to establish an Institution of Landed Credit (Credit Foncier) in Lower Canada.

An act to enable the Huron Indians of La Jeune Lorette, to regulate the cutting of wood in their Reserve.

An act to amend the act respecting Tavern-Keepers and the sale of Intoxicating Liquors, Chapter six of the Consolidated Statues for Lower Canada.

An act to amend the act twelfth Victoria, Chapter one hundred and fourteen, relative to the powers and duties of the Trinity House of Quebec, and for other purposes.

An act to amend Chapter sevnty-three of the Consolidated Statutes for Lower Canada, and to provide for transmission of the Records of abolished Courts, Registers of Churches and Ministers, and of the Minutes to former Notaries, to New Judicial Districts.

An act to amend Chapter seventy-one of the Consolidated Statues for Lower Canada, respecting the Medical Profession and the Sale of Drugs.

An act to amend chapters thirty-six and thirty-seven of the Consolidates Statutes of Lower Canada, respecting the Registration of Titles to or charges upon real estate, and the act amending the same.

An act to authorize Joseph Barsslon, Ksq., Merchant, of the City of Montreal, to levy Tolls on a Bridge in course of erection by him over the River Yamaska, opposite the City of St. Hyancinthe, in the County of St. Hyacinthe.

Hyacinthe, in the County of St. Hyacinthe.

An act further to amend the act chapter forty-four of the Consolidated Statues for Lower Canada, respecting the partition of Township Lands held in common.

An act to amend the act respecting Mutual Insurance Companies.

An act to amend the acts relating to the Corporation of the City of Montreal and for other purposes.

An act respecting Gold Mines.

Then the Honourable the Speaker of the Legislative Assembly addressed His Excellency the Governor General [Viscount Monck], as followth: May it please your Excellency, In presenting to your Excellency the Bill of Supply for this session, I take the opportunity to refer to some of the principal topics which

Have engaged the attention of the Legislature during the present session.

The happy union of parties, having for its object the settlement of the vexed and difficult questions which have arisen in the working of the Legislative Union between Upper and Lower Canada, is the most prominent and important event in our political history, that has taken place for a number of years. The spirit of conciliation and good faith in which this great project has been undertaken by our leading creeds affords the highest assurance of the final success of their patriotic en leavers. The western section of the Province will, I doubt not, hail this project with peculiar satisfaction, as an earnest attempt on the part of their representatives to obtain for them their just rights, without comprising the peculiar claims or jeopardising the institutions of their French Canadian brethren.

The bills most prominent and deserving of notice are those relating to mining and minerals.

The attention of the Legislature having been directed to the necessity of protecting this new important interests, affords a sure indication of the source from which great wealth to this country may shortly be expected to arise.

Of these bills, that respecting gold has received special attention and embodies the experience of the Legislatures of Australia of Australia, California, British Columbia and the Maritime Provinces in British America.

No country having a large commercial population could long afford to dispose with a law by which those, unfortunate in trade, could obtain a discharge of their liabilities and become again active and useful members of society.

The bill respecting insolvency contains all provisions necessary for the establishment of courts for the purpose of granting complete and final certificates of discharge to that class of persons, and has received the consideration of the most able lawyers and experienced mercantile men of the House.

I beg to present to your Excellency the Bill of Supply for the Service of the current year, to which I respectively solicit your Excellency’s assent.

The Honorable the Speaker of the Legislative Assembly then presented the following Money Bill:—

“An act for granting to Her Majesty certain expenses of the Civil Government, and for certain other purposes connected with the Civil Service, from the end of the year 1863, to the thirtieth day of June, 1865.”

To this bill the Royal Assent was signified, in the following words:—

“In Her Majesty’s name, His Excellency the Governor General thanks Her loyal subject, accepts their benevolence, and assents to this bill.

After which His Excellency the Governor General [Viscount Monck] was pleased to reserve the following bill for the signification of Her Majesty’s pleasure thereon:—

An act for the relief of James Benning.

After which His Excellency the Governor General [Viscount Monck] was pleased to close the second sessions of the Eight Provincial Parliament with the following: Honorable Gentlemen of the Legislative Council, Gentlemen of the Legislative Assembly: I congratulate you on having brought to a close the labors of this protracted session, and on the large number of important measures, both of a public and private nature, which have been enabled to pass.

I trust the Act respecting insolvency will place the relations of Debtors and Creditors on a satisfactory basis and will give relief to the honest but unsuccessful trader.

I have had great pleasure in giving Her Majesty’s assent to the Act for the effective Audit of the Public Accounts, and for the more complete prevention of any expenditure of public money without the previous sanction of Parliament.

The discoveries of mines of the precious metals, within our territory, have rendered necessary new regulations in reference to the management of that part of the public property, and I confidently expect that the enactments of the Gold Mining Bill of this session will be found effectual for the protection of the Revenue, and will stimulate the development of this important branch of the provincial resources.

I rejoice to observe that you have adopted a measure for the improvement of the Jury system of Lower Canada, and I feel assured that the administration of Justice generally through the Province will be simplified in procedure, and reduced in cost by the other measures of Law Reform which you have mattered.

Gentlemen of the Legislative Assembly: The system of taxation which you have adopted will, I am convinced, lead to as equalization between the Revenue and the Expenditure of the Province within the next finical year.

This result of your labors cannot fail to have the happiest effect upon the credit of Canada abroad, and will tend to promote the growth of public confidence at home.

The provision you have made for the Militia and Volunteer Forces will, I trust, raise that important branch of the Public Service to as improved state of efficiency.

I thank you for the supplies you have granted to Her Majesty for the general service of the year, and I will take care that they shell be administrated with a due regard to economy.

Honorable Gentlemen, and Gentlemen: The large number of Private Bills which you have passed, and the nature of the subjects with which they are conversant, are satisfactory proofs of the growth of commercial and manufacturing enterprise and the energy which characterizes those engaged in industrial occupations.

I am glad to see that you have made provision for completing the survey of the line of railway by which it is proposed to connect Canada with the adjoining Provinces of British North America, and I trust the results of that survey may afford evidence that this great object is attainable at a cost within the means of these Provinces.

The time has arrived when a constitutional question, which has for many years agitated this Province, is rope for settlement.

It is my intention, during the approaching recess, to endeavour, in conjunction with my ministers, to devise a plan for the this purpose, which will be laid before Parliament at its next meeting.

In releasing you from further attendance, I would impress upon you the importance of using the influence which the confidence of your fellow subjects confers upon you to secure for any scheme which may be proposed with this object, a calm and impartial consideration both in Parliament and throughout the country.

His Excellency [Viscount Monck] was then pleased to announce, through the Hon. the Speaker of the Legislative Council, that Parliament was prorogued until Tuesday, the 9th day of August next.