The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 9 Jan 1874, p. 5

The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

' they did rot advise him to say that the Bills | should besLowed, (Cheers.) He contended that . the reservation was porfectly in accordance | with the Constitution, -- 'The question for this House to consider was whother assent hore, | followed by disallowance at Ottawa, would ! not have been a much worse thing than ro-- | gervation was; and he (Mr. Mowat) said | without hesitstion, that it would have been. / The only reason given why these Bills wer» | not allowed was that it was unnecessary that the reservation should have been made, and he (Mr. Mowat) ventured to say that never in the history of Colonial Government was such a reason given before, _ If an error had \ been committed, the Governor General ' should have been advised to give his assent ~-- _ to the Bills in order that it might be rectified. 1 pal Loan He -- was . afraul _ this subject was being used for political purnoses, for ho had been told by Tory Oraugemen that thoy did not care a saap for the Rill, Ho had c--ssely watched the men for North York, asd he bed invariably heard him speak on one side of a question, and seen him vote on the other side, and ho always appssred sorry that ko cculd not vote on both sides. (Laughter.) He trustel the printing arrargement would be -- guch as to em&lo them to get the Bills printed early in the session, and obviate the diilicalty ox-- pericnoed last sescion. bai Loan Fund scheme had, he believed, gizen genoral satisfaction to Whig and Tory. With regard to the Orange Bill, ho would like to know whether it wmfitl be according to law to introGguce a new Bill? If ittwas, he would like to see thas Hill introduced bafos> the cther Bills which would be introduced. Ho was slad to find that they had gos a con-- vert in the member for North York, who had opposed tho Bill last session. when he opposed it from its inception? This wWwas the position of the matter, and the hon. Ffentl: mo. had chosen to condemn the action of the Executive, because, as hon. gentlemen thougtt, they were actuated by soms wrong Or in proper motive in reserving this Bill. As Malte: oi Constitutional law, thoy were Poricet'y right. _ He believed there wis no Seotleman in tho Honsa seh~ would n~t aa y Aoafter carcful consiloration of the mattor. That being tho caso, it remained to bs s30n whether there waos in the House sutfhvent partty feeling to induco them to do whstia their consciances they knewto ba wrons: He begged to move the 7 llowing anenimnt t o the ameon{ment:--*" That all the words atter 'the' be struck out, and tho followizzg su'> statuted;--' Wa beg. to assare _your T4 coel lezzcy that, in advising your Exoallenty t> fpecially reserve the Bills for the incorpara tioa of the Lopal Orange Associations of His$-- ere and Western Ontario for an exprossion of the opinion of His Excelloncy the Govornor-- Gereral, tho Exooutivé Council of this Pro-- MZECE was jfusEGed by Consiituational usags.' " Mr. ROBINSON considered the exteusion of the franchise would be received favour: ably all over the Province, and tho Munici-- Mr. BOULTBEE roplicd to Mr. Robinson in a speech bristling with strong personali-- ties, and concluded with agzain attacking and condemning the lc&i}(m ol the Government with respect to this Bill, Mr. ROBINSON, during his attack upon him, said he would let the hou, gentloman zsloze, but he thought s would vote agrinst the asmendment yet. The Hoazso tien rose for recess, After receas, . _ Mr, CAMERON requested thy soms moember of tho Govermment should speak vnou the question, as up to this time they had merely bad tho opinion oi a privata membez upon the sabject, Hop. Mr. MOWAT, who on rising was ro-- . ceived with lozd chsers, Ge{fonded tho Gov--. ernment from the charge of having boen wanting in their duty to the country, and ascerted that thoy had fully desorved the confidence which the couniry had seen fit to reposo in them,. If the hon, gentleman opposite bad bean anxious to have an opportanity of declaring their want of conkidence in the Government, 10 cortainly was amazed at tho occasion thoy had taken to do go, (Cheers.) What question was it upon which they asked thoe House to allow them to tako their soats on tho Treasury Benches ? Whatwas it they charged against thoGovern-- mont ? -- Why, it was a subject in regard to which, if blame attached to any one, it was to the party to which hon gentlsmsu them selves belonged. (Chcers.) 'The Govern-- ment had merely 'advised the Lisut,--Gover-- nor to reservo these Bills for tho con-- sideration of His Excellenoy the Gover-- nor--Gicneral ; but tho friends of the kon, gentlemen opposite wers then the adviscrs of the Governor--General, aud yet It was a strange thing indeed, that hon. 21 C i. cou C oA L4 a m d ~ se o t oo ie o o i n n e s temen opgosite should make that a subjost |-- of _ complaint against the Government which _ the party . to _ which . they belopged _ was = 'responsible . tor, and responsible for by utterly violating all con: stitutional usage. It was well known that there were Bills upon which, when they were before the House, partics Wwero very much divided. So far as the Goveramenat was concerned there were four of them who thought that the Bills should not pPaSS, and he (Mr. Mowat) was alone in thinking that they should pass. He had voted for such a Bill whon he was in Parliament boefore, and } ha had seen no reason since to chanpif the opinion he then held with regard to them-- ro reason why so influential and numer0oc$ a body as the OrangemCn, respectable and loyal as' they were, shoy}d not be incorpor: ated. After a great deal of debating, and Ens n Cta«r Af vntas on the ths part of HEAsNWUOERVNERRWNO CCC 0 ee thought that the Bills should not pass, A"¢ he (Mr. Mowat) was alone in thinking that tlj.fiy should pass. . He had voted for such a Bill whon he was in Parliament boefore, and ' he had seen no reason since to chanie the opinion he then held with regard to them-- ro reason why so influential and numer0oc$ a body as the Orangemen, respectable and loyal as© they were, should not be incorpor ated. After a great deal of debating, and samo changing of votes on the the part of certliemen now supporting . the motion | agrinst the Government. the Bills finally Fm'scd, and then came up the question which \»d not before presented itself to bis (Mr. i' Howat's) mind whether the Bills wors such as should pass atonce or whother they should be sent to the Governor--General for his 25 sert, Ho (Mr. Mowat) was sexceedingly --cluctant to enter upon the deliberation of ibat question, but in the posision he 08CU-- pied he could not refuse to give bis consider ation to any such matters coming tbefore Lim, -- Nos only was this duty impressed vpon him by his colleagues (hear, hear, from the Opposition), but he thought bhimself that it was right to *consider whsethor ths | Bills were such as should _be 18 H® MLs ~asstian which h&d to be Lhiin. . Nos only was BBE LRA 200 C soonmg -- vpon him by his colleagues (hear, heat, from the Opposition), but he thought bhimself that it was right to *consider whsethor ths Pills were such @as should _be x8 served. The question which kad to be considered was not whether these Rills were positively against Dominion policy, bat it had becn the constitutional usage, that where tbers was a question with regard to a Bill being of Dominion policy or not, it should te reserved, It was not necessary in regard bo this matter or in regard to any other con-- stitutional question, that we should find soime enactment on the subject, Our Constitation was Rot made ?D in thst way; A large por-- tion of our Constitutional"rales were buils up by precedent. When Confederation wasadopt-- l «d, one of the very first resolntions was that wur rew Constitution should be, as far as pos ' L2 llys ha l c oueg ut C d sible, a copy of ste prIvi8"] UCUbBROIELPUUUTT T: accordingly all the rules and precedents which were embodied in the latter, were practically brought into force bere under the . __5 0. usaus hannd tnmankrnn PERC UR CC C C 0 0 i.-cw 5yaté'm, and we were bound to act upon them. Hon. gentlemen opposite might en-- tirely disregard constitutional rules to gain a point in an election, but the Government Cid not do this ; they held to a rule, even though it be distasteful to them. It was not to be denied that such a Bill as this would hays been reserved under the old Consti-- tutior. _ Then if we have a Constitution toundcd on the British Constitution, we had io slterpative but to say that these Bills were such as cught to be reserved. (Hear, hear.) A reservation did not at all imply : that the Government, whose duty it might be to tske the responsibility of giving advice to that efiect, were not in favour of the Bill, Bills might come up here which the House might be earnestly in fevour of; but if they felt that they wore Bills that should be reserved,they were con-- stitetionally bound to advise that that course bo taken. The only instance which hadl Ixcn mentioned in which such a Bill as this passad was when one passed the Legis-- lature of Prince Edward i)slund. On that . cccasion the Bill was reserved for the con-- i sideration of the Home Government, anud the despatch of the Duke of Newcastle in answer to the Licutenant--Governor of Prince Eaward Island declared that the Bill could not receive the sanction of the Imperial authorities ; the B:ll, consequently nover be-- | l came law. Tho Orange Society had been a very importart ons in this Province for : gcorcs of years, and duriny all that time had had rcpresentativea in the highest position l in the land, yet it had never baen incorpo-- rated cither in Gieat Critain oc in the Colon« ies -- It was, therefors, an unusual thing that Bills of this kind should pass into | law Then, again, thy kaew that Bills ot this kiud were introguced diato the old Parliament of Canads, and after a gsood desl of Ciscussion tey failed to pass thers Upper and Lower Canada constitubted a large portion of this Dominion and they re-- fused to pass such Bilis. 1s (Mr. Mowat) thoughut the objections to them wero not well founed, but such was the policy with regard to theiu in the old Canadian Pavlia. ment, He bad taken the trouble to have a search made in regard to the practice of reserving Bills since the time that l'wgpcm: sible Government was established in this country----the very system which we now _ | bave, _ opnly that the _ powers are 34 0 fls T4 022004 000405 hctadrenlis deptedracnien retint RPOPABPTD E: a copy of the British Constitution, aad 1 1. us * ufindnney CRpepoy e o 0 0(07 M PAd

Powered by / Alimenté par VITA Toolkit
Privacy Policy