Legislative Council of Lower Canada

“ In all the provinces, but especially in Lower Canada, the people saw their representatives practically ignored by the governing body, their money expended without the authority of the legislature, and the country governed by irresponsible officials. A system which gave little or no weight to public opinion as represented in the House of Assembly, was necessarily imperfect and unstable, and the natural result was a deadlock between the legislative council, controlled by the official and governing class, and the house elected by the people. ”

“ For years he contended for a legislative council elected by the people: and it is curious to note that none of the men who were at the head of the popular party in Lower Canada ever recognized the fact, as did their contemporaries in Upper Canada, that the difficulty would be best solved, not by electing an upper house, but by obtaining an executive which would only hold office while supported by a majority of the representatives in the people's house. ”

“ If local circumstances and institutions permitted a complete re-union of the Provinces, it could only be rendered useful by the seats in the Legislative Council and in the Assembly becoming vacant, and by appointing Legislative Councillors, who would generally attend in their places, who would not be composed almost exclusively of executive Officers, and particularly of the Judges, whose duties, as such, are sufficient in Canada to occupy the whole of their time ”

“ Resolved, That this House is nowise disposed to admit the excellence of the present Constitution of Canada, although His Majesty's Secretary of State for the Colonies has unreasonably and erroneously asserted, that it has conferred on the two Canadas the institutions of the Great Britain; nor to reject the principle of extending the system of frequent elections much further than it is at present carried; and that this system ought especially to be extended to the Legislative Council ”

“ Upper Canada shall be represented in the Legislative Council by 24 members, Lower Canada by 24 members, and the Maritime Provinces by 24 members, of which Nova Scotia shall have twelve and New Brunswick twelve members. 9. The Colony of Prince Edward Island when admitted into the Confederation shall be entitled to representation of four members in the Legislative Council. But in such case the members allotted to Nova Scotia and New Brunswick shall be diminished to 10 each, such diminution to take place in each province as vacancies occur. ”

“ He declared that Lower Canada had resisted representation by population under a legislative union, but that if a federal union were obtained, it would be tantamount to a separation of the provinces, and Lower Canada would thereby preserve its autonomy, together with all the institutions it held so dear. ”

“ Three years later, the Legislative Council became an elective body, the existing members retaining their positions for life. The population of Upper Canada was now fully one million and a quarter, and that of Lower Canada about three hundred thousand less. ”

“ That a representative body similar to that which attempted to overturn the constitution in Lower Canada can work well, and even usefully reform when in the hands of loyal English subjects, is acknowledged by his lordship, who says, “the course of the Parliamentary contest in Upper Canada has not been marked by that singular neglect of the great duties of a legislative body, which I have remarked in the proceedings of the Parliament of Lower Canada. ”

“ You have been so intemperate in debate that moderation and forbearance is scarcely to be looked for without a new Assembly. Gentlemen, Parliament is dissolved. A new Parliament will be convened as soon as convenience will permit. My object in thus acting, is to preserve the true principles of the free and happy constitution of the Province." He turned with peculiar satisfaction from lecturing to the Assembly, to offer his acknowledgements to the gentlemen of the Legislative Council, for their unanimity, zeal, and unremitting attention to the public business, manifested in their proceedings. ”

“ We ought not to have two electoral bodies. Only one body, members to be elected once in every three years. Should have whole legislative power—subject to lieutenant-governor. I would have lieutenant-governors appointed by general government. It would thus bring these bodies into harmony with the general government. In Upper Canada executive officers would be attorney-general, treasurer, secretary, commissioner of crown lands and commissioner of public works. These would form the council of the lieutenant-governor. ”

“ That the legislative business of Upper Canada cannot, without great and unavoidable delays, difficulties, and embarrassments, be carried on at the distance of several hundred miles where the Legislature, if united, must probably meet, from the public records, and the sources of information relative to many of the public affairs of the Province, on which they may be called upon to decide. ”

“ The British North America Act assigns to the different provinces, as to the central parliament, their spheres of control, but all residuary powers are given to the general government. Within these limitations the provincial assemblies have a wide range of legislative power. In Nova Scotia and Quebec the bicameral system of an upper and lower house is retained; in the other provinces legislation is left to a single representative assembly. ”

“ In a new country the representatives of the people would, for the most part, be persons engaged in trade, who might be unable to attend Parliament for seven consecutive years. The qualifications necessary for electors in towns and counties were much too high. It seemed to him that ministers intended to prevent the introduction of popular government into Canada. While the number of the members of the Assembly were limited, the numbers of the Council, although they could not be less than seven members, were unlimited. ”

“ The superior council of Canada possessed judicial, administrative and legislative powers, but its action was limited by the decrees and ordinances of the king, and its decisions were subject to the veto of the royal council of the parent state. The intendant, generally a man of legal attainments, had the special right to issue ordinances which had the full effect of law—in the words of his commission "to order everything as he shall see just and proper." ”