1st Parliament of the Province of Canada

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Parliament of the Province of Canada
Parlement de la Province du Canada
First Parliament, 1841 – 1844
Coat of arms of the United Kingdom (1837-1952).svg
Type
Type
Houses Legislative Council
Legislative Assembly
Term limits
Four years, subject to earlier dissolution
History
FoundedFebruary 10, 1841 (1841-02-10)
New session started
 2nd Parliament of the Province of Canada, 1844–1847
Leadership
Samuel Harrison, 1841–1842 (Reform)
William Henry Draper, 1842 (Upper Canada Tories)
Louis-Hippolyte Lafontaine, 1842-1843 (Reform)
Sir Dominick Daly, 1843 (Acting premier)
William Henry Draper, 1843-1847 (Upper Canada Tories)
William Henry Draper, 1841–1842 (Upper Canada Tories)
Charles Richard Ogden, 1842 (Government supporter)
Robert Baldwin 1842-1843 (Reform)
Denis-Benjamin Viger 1843-1846 (Groupe canadien-français)
Robert Sympson Jameson, 1841–1842
Peter McGill, 1842-1847
Austin Cuvillier, 1841–1844 (Groupe canadien-français)
SeatsLegislative Council: 24
Legislative Assembly: 84
Elections
Legislative Council voting system
Life appointments
Legislative Assembly voting system
Single member constituencies
First-past-the-post voting
Open ballot system
Adult male franchise with property qualification
Constitution
Act of Union 1840

The First Parliament of the Province of Canada was summoned in 1841, following the union of Upper Canada and Lower Canada as the Province of Canada on February 10, 1841. The Parliament continued until dissolution in late 1844.

Contents

The Parliament of the Province had two chambers: the elected lower house, the Legislative Assembly, and the appointed upper house, the Legislative Council. The first general election for the Legislative Assembly was held in April, 1841. Canada East (formerly Lower Canada) and Canada West (formerly Upper Canada)) each had forty-two seats in the Legislative Assembly. The members of the Legislative Council, twenty-four in number, were appointed by the British Governor General, Lord Sydenham.

All sessions were held at Kingston, Canada West, with the first session of the Parliament called in June 1841. The Parliament had three annual sessions, but then was prorogued for close to a year due to a political crisis in the relations between the Legislative Assembly and the Governor General. The Parliament was dissolved in September, 1844, triggering the second general election for the Province, and the second Parliament, which met in Montreal.

In 1841, the District Councils Act was passed which established a system of local government in Canada West based on district councils. Prior to 1841, local affairs were dealt with by the District Court of Quarter Sessions.

First government and election

The Governor General, Lord Sydenham, appointed the first members to the Executive Council on February 13, 1841. [1] : 12  All of the members were anglophones, with no francophones. They were appointed as advisors to the Governor General, who continued to exercise the executive powers of the government.

The first general election for the new Legislative Assembly was held in the spring of 1841. There was no single election date. The returning officer in each electoral district chose the date for the election in their district.

The Governor General, following the policy of assimilation set out in Lord Durham's Report, drew boundaries and chose the location of polling stations in Canada East in anglophone areas, in an effort to favour voters of British stock and to make it more difficult for francophone voters to exercise their franchise. [2]

There was electoral violence during the elections. In one case, the threat of riots at the polling station forced Louis-Hippolyte Lafontaine, a proponent of responsible government, to withdraw his candidacy from the riding of Terrebonne in Canada East. In response, Robert Baldwin in Canada West, also a supporter of responsible government, proposed to his father, William Warren Baldwin, that they should assist Lafontaine's election. Baldwin senior was a candidate for a riding in the Toronto area. He withdrew his nomination to allow Lafontaine to stand for election. Lafontaine was elected. [2] This was the beginning of the Lafontaine-Baldwin alliance which ultimately led to responsible government in the Province of Canada. [3]

Candidates at this time would be loosely affiliated in early political parties, but party structure was not strong, and there were different party groups in Canada East and Canada West. The election resulted in a Legislative Assembly with no single party group with a majority.

Governors General

One of the unusual features of the 1st Parliament was the high turnover in the position of governor general. Charles Poulett Thomson was the governor general from February 1841 until September 1841, when he died from tetanus resulting from a riding accident. His deputy, Major-General John Clitherow, immediately prorogued Parliament. Clitherow was replaced by the Administrator, Lieutenant-General Sir Richard Downes Jackson, shortly afterwards. Jackson acted as Administrator until January 1842, when Sir Charles Bagot was appointed Governor General. Bagot resigned the office in March, 1843 due to ill health, dying shortly afterwards. Sir Charles Metcalfe then took over, and stayed in office until November 1845. He retired to England and died of cancer shortly afterwards.

Legislative Assembly

Canada East

Members elected in the general election

The following members were elected to the Legislative Assembly from Canada East in the 1841 general election. The party affiliations are based on the biographies of individual members given by the National Assembly of Quebec, as well as votes in the Legislative Assembly. "Party" was a fluid concept, especially during the early years of the Province of Canada. [4] [5] [6] [7]

RidingMemberParty
Beauharnois Dunscomb, John William [lower-alpha 1] Unionist; Government supporter
Bellechasse Ruel, Augustin-Guillaume [lower-alpha 2] Anti-unionist; French-Canadian Group
Berthier Armstrong, David Morrison Anti-unionist; French-Canadian Group
Bonaventure Hamilton, John Robinson Anti-unionist; Independent
Chambly Yule, John [lower-alpha 3] Unionist; Government supporter
Champlain Kimber, René-Joseph [lower-alpha 4] Anti-unionist; French-Canadian Group
Dorchester Taschereau, Antoine-Charles Anti-unionist; French-Canadian Group
Drummond Watts, Robert Nugent Unionist; Government supporter
Gaspé Christie, Robert Anti-unionist; Independent
Huntingdon Cuvillier, Austin Anti-unionist; Speaker of the Assembly
Kamouraska Berthelot, Amable Anti-unionist; French-Canadian Group
L'Islet Taché, Étienne-Pascal Anti-unionist; French-Canadian Group
Leinster Raymond, Jean-Moïse [lower-alpha 5] Anti-unionist; French-Canadian Group
Lotbinière Noël, Jean-Baptiste-Isaïe Anti-unionist; French-Canadian Group
Megantick Daly, Dominick Unionist; Government supporter
Missiskoui Jones, Robert Unionist; "British" Tory
Montmorency Quesnel, Frédéric-Auguste Anti-unionist; French-Canadian Group
Montreal
(District represented by two members)		 Holmes, Benjamin [lower-alpha 6] Unionist; Government supporter; later independent; later French-Canadian Group
Moffatt, George [lower-alpha 7] Unionist; Government supporter
Montreal County Delisle, Alexandre-Maurice [lower-alpha 8] Unionist; Government supporter
Nicolet Morin, Augustin-Norbert [lower-alpha 9] Anti-unionist; French-Canadian Group
Ottawa County Day, Charles Dewey [lower-alpha 10] Unionist; Government supporter
Portneuf Aylwin, Thomas Cushing [lower-alpha 11] Anti-unionist; French-Canadian Group
Quebec City
(District represented by two members)		 Black, Henry Unionist; "British Tory"
Burnet, David [lower-alpha 12] Unionist; independent
Quebec County Neilson, John Anti-unionist; French-Canadian Group
Richelieu Viger, Denis-Benjamin Anti-unionist; French-Canadian Group
Rimouski Borne, Michel [lower-alpha 13] Anti-unionist; French-Canadian Group
Rouville de Salaberry, Melchior-Alphonse [lower-alpha 14] Unionist; Government supporter
Saguenay Parent, Étienne [lower-alpha 15] Anti-unionist; French-Canadian Group
Saint Hyacinthe Boutillier, Thomas Anti-unionist; French-Canadian Group
Saint Maurice Turcotte, Joseph-Édouard [lower-alpha 16] Anti-unionist; French-Canadian Group
Shefford Foster, Sewell Unionist; "British" Tory
Sherbrooke Hale, Edward Unionist; "British" Tory
Sherbrooke County Moore, John Unionist; Government supporter; later "British" member
Stanstead Child, Marcus Unionist; Government supporter; later "British" member
Terrebonne McCulloch, Michael Unionist; "British" Tory
Three Rivers Ogden, Charles Richard Unionist; Government supporter
Two Mountains Robertson, Colin [lower-alpha 17] Unionist; Government supporter
Vaudreuil Simpson, John Unionist; "British" Tory
Verchères Desrivières, Henri [lower-alpha 18] Anti-unionist; French-Canadian Group
Yamaska Barthe, Joseph-Guillaume Anti-unionist; French-Canadian Group

Vacancies during the First Parliament

  1. ↑ Resigned on October 8, 1842, following appointment as Warden, Trinity House, Montreal, on July 15, 1842. [8] [9] : p. 59, note (1) 
  2. ↑ Resigned on being appointed Registrar of the Rimouski district, January 1, 1842. [10] [9] : p. 59, note (3) 
  3. ↑ Resigned September 22, 1843. [11] [9] : p. 59, note (5) 
  4. ↑ Seat became vacant on his appointment to the Legislative Council. [12] [9] : p. 59, note (7) 
  5. ↑ Resigned on being appointed District Registrar of Leinster on January 1, 1842. [13] [9] : p. 59, note (16) 
  6. ↑ Resigned on February 1, 1844, to return to position with the Bank of Montreal. [14]
  7. ↑ Resigned on October 30, 1843, to protest decision to move the provincial seat of government from Kingston to Montreal. [15] [16] [9] : p. 59, note (20) 
  8. ↑ Seat automatically vacated on being appointed Clerk of the Crown for the Montreal Sessions of the Peace, July 13, 1843. [17] [9] : p. 59, note (22) 
  9. ↑ Appointed to the District Court for Rimouski and resigned seat on January 7, 1842. [18] [9] : p. 59, note (26) 
  10. ↑ Appointed to the Queen's Bench, June 21, 1842. [19] [9] : p. 59, note (29) 
  11. ↑ Appointed Solicitor General of Canada East on September 24, 1842, triggering a ministerial by-election. [20] [9] : p. 59, note (32) 
  12. ↑ Resigned on August 26, 1843 after declaring bankruptcy. [9] : p. 59, note (33)  [21]
  13. ↑ Resigned on December 15, 1842 to allow Robert Baldwin, who had been defeated in a ministerial by-election in Canada West, to stand for election. [22] [9] : p. 59, note (36) 
  14. ↑ Seat became vacant on January 1, 1842, when de Salaberry was appointed Clerk of the Court, district of Richelieu, an office of profit under the Crown; defeated in the subsequent by-election. [23] [9] : p. 59, note (38) 
  15. ↑ Resigned on October 14, 1842 to take appointment as Clerk to the Executive Council. [24] [9] : p. 59, note (43) 
  16. ↑ Required to resign seat on December 6, 1841, on accepting an offices of profit under the Crown, translator of laws and later appointment as secretary to the Commission on Seigneurial Tenure; re-elected in subsequent by-election. [25] [9] : p. 59, note (45) 
  17. ↑ Died in office, February 4, 1842. [26] [9] : p. 59, note (48) 
  18. ↑ Resigned on November 6, 1841, to allow James Leslie to stand as a candidate. [9] : p. 60, note (50)  [27]

By-elections during the First Parliament

The following members were elected in by-elections during the First Parliament. The party affiliations are based on the biographies of individual members given by the National Assembly of Quebec, as well as votes in the Legislative Assembly. [1] : 43–45, 59–60  [6] [7]

RidingMembers Elected in By-ElectionsReason for VacancyBy-election dateParty
Beauharnois Wakefield, Edward Gibbon Incumbent resigned following appointment as Warden, Trinity House, MontrealNovember 9, 1842 French-Canadian Group, then "British" Tory
Bellechasse Turgeon, Abraham Incumbent resigned following appointment as Registrar, district of RimouskiJune 6, 1842French-Canadian Group
Chambly Lacoste, Louis Incumbent resigned seatOctober 23, 1843French-Canadian Group
Champlain Judah, Henry Incumbent appointed to Legislative CouncilSeptember 22, 1843French-Canadian Group
Leinster De Witt, Jacob Incumbent resigned to take appointment as District Registrar of LeinsterAugust 8, 1842French-Canadian Group
Montreal
(1843)		 Beaubien, Pierre Incumbent resigned to protest movement of provincial seat of government from Kingston to MontrealNovember 22, 1843French-Canadian Group
Montreal
(1844)		 Drummond, Lewis Thomas Incumbent resigned to return to work at Bank of Montreal April 17, 1844French-Canadian Group
Montreal County Jobin, André Seat vacated when incumbent appointed Clerk of the Crown, Montreal Sessions of the Peace, a civil service positionOctober 26, 1843French-Canadian Group
Nicolet Viger, Louis-Michel Incumbent appointed to the benchFebruary 15, 1842French-Canadian Group
Ottawa County Papineau, Denis-Benjamin Incumbent appointed to the benchAugust 17, 1842French-Canadian Group
Portneuf Aylwin, Thomas Cushing Ministerial by-election, triggered by appointment as Solicitor-General of Canada EastOctober 20, 1842French Canadian group
Quebec City Chabot, Jean Incumbent resigned on bankruptcySeptember 18, 1843French-Canadian Group
Rimouski Baldwin, Robert Incumbent resigned to allow Baldwin to stand for electionJanuary 30, 1843 Ultra Reformer
Rouville
(1842)		 Walker, William Incumbent accepted office of profit under the Crown; Walker won subsequent ministerial by-election July 7, 1842 "British" Tory
Rouville
(1843)		 Franchère, Timothée Incumbent resigned due to ill-healthSeptember 25, 1843French-Canadian Group
Saguenay Morin, Augustine-Norbert Incumbent resigned to take government positionNovember 28, 1842French-Canadian Group
Saint Maurice Turcotte, Joseph-Édouard Required to resign seat on accepting two offices of profit under the Crown; re-elected in by-electionJuly 8, 1842French-Canadian Group
Two Mountains Forbes, Charles John Death of incumbentApril 18, 1842 "British" Tory
Verchères James Leslie Resignation of incumbent to allow Leslie to stand for electionDecember 28, 1841French-Canadian Group

Canada West

Members elected in the general election

The following members were elected to the Legislative Assembly from Canada West in the 1841 general election. [4] [5]

RidingMemberParty [7]
Brockville Sherwood, George Unionist; Compact Tory
Bytown Derbishire, Stewart Unionist; Moderate Reformer
Carleton Johnston, James Unionist; Compact Tory
Cornwall Chesley, Solomon Yeomans Unionist; Compact Tory
Dundas Cook, John Unionist; Reformer
Durham Williams, John Tucker Unionist; Reformer, then Independent
Essex Prince, John Unionist; Independent
Frontenac Smith, Sir Henry Unionist; Tory
Glengarry Macdonald, John Sandfield Unionist; Moderate Tory, then Reformer
Grenville Crane, Samuel Unionist; Reformer
Haldimand Thompson, David Unionist; Reformer
Halton East Hopkins, Caleb Anti-unionist; Ultra-Reformer
Halton West Durand, James Jr. Anti-unionist; Ultra-Reformer
Hamilton MacNab, Sir Allan Unionist; Compact Tory
Hastings Baldwin, Robert [lower-alpha 1] Anti-unionist; Ultra-Reformer
Huron Strachan, James McGill [lower-alpha 2] Unionist; Moderate Tory
Kent Woods, Joseph Unionist; Compact Tory
Kingston Manahan, Anthony [lower-alpha 3] Moderate Reformer
Lanark Cameron, Malcolm Unionist; Moderate Reformer
Leeds Morris, James Unionist; Moderate Reformer
Lennox and Addington Cartwright, John Solomon Unionist; Compact Tory
Lincoln North Merritt, William Hamilton Unionist; Moderate Reformer
Lincoln South Thorburn, David Unionist; Moderate Reformer
London Killaly, Hamilton Hartley [lower-alpha 4] Unionist; Moderate Reformer
Middlesex Parke, Thomas [lower-alpha 5] Unionist; Moderate Reformer
Niagara Campbell, Edward C. [lower-alpha 6] Unionist; Moderate Tory
Norfolk Powell, Israel Wood Unionist; Moderate Reformer
Northumberland North Gilchrist, John Unionist; Moderate Reformer
Northumberland South Boswell, George M.J. Unionist; Moderate Reformer
Oxford Hincks, Francis Anti-Unionist; Ultra-Reformer
Prescott McDonald, Donald Unionist; Moderate Reformer
Prince Edward Roblin, John Philip Unionist; Moderate Reformer
Russell Draper, William Henry [lower-alpha 7] Unionist; Moderate Tory
Simcoe Steele, Elmes Yelverton Unionist; Moderate Reformer
Stormont McLean, Alexander Unionist; Moderate Tory
Toronto
(District represented by two members)		 Buchanan, Isaac [lower-alpha 8] Unionist; Moderate Reformer
Dunn, John Henry Unionist; Moderate Reformer
Wentworth Smith, Harmannus Unionist; Moderate Reformer
1st York James Hervey Price
2nd York George Duggan Conservative
3rd York James Edward Small Reformer
4th York Louis Hippolyte LaFontaine [31] Reformer

Vacancies during the First Parliament

  1. ↑ Vacated seat September 16, 1842, on being appointed Attorney General for Canada West, an office of profit under the Crown. Defeated in the subsequent by-election in Hastings. Elected in by-election in Rimouski riding, Canada East, January 1843. [9] : p. 59 note (10) 
  2. ↑ Strachan was originally declared the winner of the seat and participated in the early business of the Assembly, but the election was overturned for irregularities; the other candidate, William "Tiger" Dunlop, was declared the winner of the election and sat as the member until the end of the first Parliament. [28] [9] : p. 59, note (12)  [29]
  3. ↑ Vacated seat on June 14, 1841, on being appointed Collector of Customs for Toronto, an office of profit under the Crown. [9] : p. 59, note (14) 
  4. ↑ Vacated seat December 21, 1841, on being appointed Chairman of Board of Works, an office of profit under the Crown. [9] : p. 59, note (18) 
  5. ↑ Vacated seat on June 7, 1841, on being appointed Surveyor-General, an office of profit under the Crown. Re-elected in a by-election on July 10, 1841. [9] : pp. 59 note (19), 73 
  6. ↑ Campbell was originally declared the winner of the seat and sat in the Assembly for the 1841 session, but the election was overturned in 1842. The other candidate, Henry John Boulton, was declared the winner of the election and sat as the member until the end of the First Parliament. [9] : p. 59, notes (24), (25)  [30]
  7. ↑ Vacated seat April 10, 1843, on being appointed to the Legislative Council. [9] : p. 59 note (41) 
  8. ↑ Resigned seat January 2, 1843. [9] : p. 59 note (46) 

By-elections and election petitions during the First Parliament

The following members were elected in by-elections during the First Parliament, or installed as a result of election petitions challenging an election. [1]

RidingMembers Elected in By-Elections or by PetitionParty [7] Reason for VacancyDate of By-election or Petition decision
Hastings Murney, Edmund Tory Incumbent (Robert Baldwin) vacated seat by accepting appointment to Executive Council, an office of profit under the Crown; defeated by Murney in subsequent ministerial by-election.November 4, 1842
Huron Dunlop, William "Tiger" Moderate Tory Election of Strachan overturned on election petitionAugust 20, 1841
Kingston Harrison, Samuel Bealey Reformer Incumbent vacated seat by accepting appointment as Collector of Customs for Toronto, an office of profit under the Crown July 1, 1841
London Killaly, Hamilton Hartley Unionist; moderate Reformer Killaly was elected in the general election, 1841; vacated seat on December 21, 1842, on being appointed Chairman of the Board of Works, an office of profit under the Crown; re-elected in by-election; resigned seat on November 30, 1843.September 28, 1842
Middlesex Parke, Thomas Unionist; moderate Reformer Parke was elected in the general election, 1841; vacated seat on June 7, 1841, on being appointed Surveyor-General, an office of profit under the Crown; re-elected in by-election.July 10, 1841
Niagara Boulton, Henry John Ultra-Reformer Election of Edward C. Campbell overturned on election petition; Boulton declared the winner.September 26, 1842
Russell Stewart, William Moderate Tory Incumbent (William Draper) appointed to the Legislative CouncilSeptember 14, 1843
Toronto Sherwood, Henry Compact Tory Incumbent (Isaac Buchanan) resignedMarch 6, 1843

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References

  1. 1 2 3 J.O. Côté, Political Appointments and Elections in the Province of Canada, 1841 to 1860 (Quebec: St. Michel and Darveau, 1860).
  2. 1 2 CBC: 1841 - The First Election after the Act of Union.
  3. ↑ James H. Marsh, "Editorial: Baldwin, LaFontaine and Responsible Government", Canadian Encyclopedia, January 24, 2012.
  4. 1 2 "Return of the names of the Members chosen to serve in the Legislative Assembly of Canada", Office of the Clerk of the Crown in Chancery, Kingston, 14th. June, 1841, Journals of the Legislative Assembly of the Province of Canada, 1st Parliament, 1st Session, 1841, pp. xi–xii.
  5. 1 2 J.O. Côté, Political Appointments and Elections in the Province of Canada, 1841 to 1860 (Quebec: St. Michel and Darveau, 1860), pp. 43–58.
  6. 1 2 Québec Dictionary of Parliamentary Biography, from 1764 to the present.
  7. 1 2 3 4 Paul G. Cornell, Alignment of Political Groups in Canada, 1841–67 (Toronto: University of Toronto Press, 1962; reprinted in paperback 2015), pp. 93–111.
  8. ↑ National Assembly of Quebec: John William Dunscomb.
  9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Côté, Political Appointments and Elections: Notes to the First Parliament.
  10. ↑ National Assembly of Quebec: Augustin-Guillaume Ruel.
  11. ↑ National Assembly of Quebec: John Yule.
  12. ↑ National Assembly of Quebec: René-Joseph Kimber.
  13. ↑ National Assembly of Quebec: Jean-Moïse Raymond.
  14. ↑ Lorne Ste. Croix, "Holmes, Benjamin", Dictionary of Canadian Biography, Volume IX (1861-1870), University of Toronto/Université Laval.
  15. ↑ National Assembly of Quebec: George Moffatt.
  16. ↑ Dictionary of Canadian Biography: "Moffatt, George".
  17. ↑ National Assembly of Quebec: Alexandre-Maurice Delisle.
  18. ↑ National Assembly of Quebec: Augustin-Norbert Morin.
  19. ↑ National Assembly of Quebec: Charles Dewey Day.
  20. ↑ National Assembly of Quebec: Thomas Cushing Aylwin.
  21. ↑ "Burnet, David", Dictionary of Canadian Biography.
  22. ↑ National Assembly of Quebec: Michel Borne
  23. ↑ National Assembly of Quebec: Melchior-Alphonse d'Irumberry de Salaberry
  24. ↑ National Assembly of Quebec: Étienne Parent
  25. ↑ National Assembly of Quebec: Joseph-Édouard Turcotte
  26. ↑ National Assembly of Quebec: Colin Robertson.
  27. ↑ National Assembly of Quebec: Henri Desrivières.
  28. ↑ Journals of the Legislative Assembly of the Province of Canada, 1st Parliament, 1st Session, 1841, p. 387.
  29. ↑ Anette Stewart, "The 1841 election of Dr. William Dunlop as member of parliament for Huron County", Ontario History, XXXIX (1947), 51–62.
  30. ↑ Journals of the Legislative Assembly of the Province of Canada, from the 8th day of September to the 12th day of October, in the year of Our Lord 1842, pp. 37–38 (September 26, 1842).
  31. ↑ Robert Baldwin was elected in both Hastings and 4th York; Louis Hippolyte LaFontaine was elected in a by-election in 4th York.

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