The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 9 Jan 1874, p. 6

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_ es on ills nassed by the / wl E[ divided between the G")vernment and * [Eeat to or d::.'.'.l»'.'flfi Bfl:fl? t wuy mald } l | Leagislature at Ottawa and the Goverament Parliament of Can "'bet sen the post-- : f 8 Is cislature here, and ho found that there was an analogy w Ith e cte. i i1 ed which tion the Governor--General holds wit | there were, in all, fifty Bills reserv _whic t}fm _the Bons and that the Lientenant-- afterwards received the Roga! Assest; but those mml:"i o\ riBoul sath -- instrncii996. [ how many were reserved and did not roceive I;o:'emor olds General had the power, . the Royal Assent he had not examined. All ut the Governor- (;vice of his legally consti-- these things, he held, showed causa tor the | acting under the ah P rivy Council, \ to ulis: _ reservation of the Bills now under discas-- ,| tuted Execnt!V&t,t :whig this Legislature sion. Another thing which ho considered | allow any legislatio advisors of the Governor-- A s f t i tance was this--did it mastar may enact, and the advi18s0 3 of great importanc | General would be responsible to the Com 3 if there should be a few weeks or a few ' ' x la for giving an advice that was ( f months' delay in these Bills becoming law ? mors of Canada for g gin violation of the § f He did not think that the porsons interested , ' ropg, or 10 shd. ma.nfier nderstood that the f mei hat it would, If the party to Constitution, Now, he U - + c f considered t & P ho | Executive of this Province stood in the same + i M which the gentlemen opposite belonged wore | ';""é." "': owards the Licutenaut--Governor | | i so anxious to give the Orangemen an Act of E' l:hleo?'riv Gouncil did with regard to the ,' Incorporation, why did they not do so dur-- ov ror-(}yencral The Lieutenant--Governor P ing all the time they were in power ? From cc"lf}l'é(') s i rone: 'he was in the same posi l f | the time the Bills were reserved on the first h oo nb réapejf: as Her Majesty, becaus " | pecasion of Sheir being brought up in the is constituted advisers were responsible to Par) £ th untry to the t his constituted a a 4 "W * | L aniament of Yhis Conuo 19 hoil 4| oater the people's representatives on the floor of I | be was not aware that any serious attempt this House. . Bills were not now disallowed 4 hsd been made by the party to which those i ts 4 the Crown could do no t the G t in England, because C 2 ftn emen now cpposing the Governmen wrong, acting as it did upon the advice of ; elorged to have such Bills as these passed. [--ree aible ~ Ministers, -- and _ so _ every | f Tkeir friend from Kingston had told'them | P.iifowmch the adviz;ers of the Crown .. S | how persons had gone to those peatomen permitted to pass became law. He wou'!d | . | avd endeavoured to get them to take up read a brief passage from May upon that E4 : * such Bills, but without success. What was | subrect.to show that he was stating the mat-- | C he to think of gentlemen opposite patroniz-- \| u'r} czr,rectlvz--" The necessity of refusing | & ing the Orangemen now, when, being in the|Royal Assent is removed by the strict ob-- 4 f rower, they had done nothinc in the way servance of the constitutional principle that 1 of giving them an Act of Tncorporation ? the Crown has no law but that of its Minissers, 5| During the tims those geatlomen were in who may continue to serve in that capacity office they bad the support of a very largs so long as they retain the confidence °¥' Par-- j ; pr(.p01-tion_of the Ol'm;_;exgen (3? the c:)'mfiry liement." He, therefore, said to hon. gentle- ; ard yet neither they nor Sir .)':)hu A. Ma;: men opposite that it was their duty to have | I td | dorald, "hn,ffls""fi _hgadi oi the Govera-- advised this House, when they were consider-- bee | meng from 1803 to Conledernsiou, had moved ing theze Incorporation Hills, whether or not { NB to give them ench ipslsintion ns these Dili« they were such as this House was competent : §$5¢* ' AB this showed him (Mc, Mowal) that it did to deal with. If they saw thoy were not. P oct imatter whither ihows was a delay. of a they should have either carried the House * %E : l few wicks ora&a fow mouths aot. That along with them, or have resigned their posi-- | 4s thoeo Bills ha" not become law was, there-- tion they were unable to hold in consequence f o k fore, entirely the act of gentlemsa opposite. of taking such grounds,. The provision in ocm (Hear, hear.) It must not be forgotien thas . the law with reference to that matter would * o me the reservation of theso Bills was not giving be found in section 55 and 56 of | esX the Deminion Covernment any powar they the Confederation _ Act:--*" Where the [ A : bhad not beforo to inter{ere in matters of this Bill passed by the Houses of Parliament, is (J , p sort. It seemed to him that if it was a mat-- | presented by the CGovernor--General for the H uy ter for doubt whether theso Bills should not Queen's assent, he shall declare, according f ut dn permanently becomo law, it was bettsr that to his discretion, but subject to the provi-- } f "" they should not become law at all thin be-- siors of this Act and to Her Majesty's in-- | | 29 come law for a few weoeks and then bo disal-- siructions, either that be assents therato in | . is iiee lowcd. He thought ho must holi htmself the Queen's pame, or that he withholds the | s ie responsible for the reservamea, As a mattor Quecn's assent, or that he regorves the Bitl C of choice, he migh$ have preferred a diffsrent for the signification of the Qzeon's pleasure." Z NC course, but as a constitutional lawyer there Section 56 says :--" Whers the Governor-- | * PWa seemed to s but one way opento hua Ehe . General assents to a Bill in the Queea's nams, -- org ;A position of this Government, under the | be shall, on the first convozsiens opportunity, g. fls . Constitu¥ion, was a very peculiar one send an authentic copy of the Act to ons of _ 2c Most, if . not _all, of the Provinees Ter Majesty's principal Secreturies of State; i | n avas of the British Empiro have two Houses of snd if the Queen in Council, within two | i $st Legislation, both of which must assent to ".'-:-c.:,m af%er recoipt thercof by the Sscretary 3 yon.® : evory Bill passed. Before thoy nmado any of State, thinks fit to disallow the Act, such yar. rule with regard to the matter, it would be disallowance, with the certificate of the So> L.¥ well for thom to consider whethor it was not s fary 6f State of, Sthe day on which the Act ul ' ~C§e > r necerrary in the publis interest that the Gov-- is feceived by him, being signiGied by the A 7 / m ervinent of the day in this Proviace snould Goversor--Gensral by' apesch® or.: mil : ' *.: Jokes s have alargor duty to perform than it we had s aFesu tb feach ""of" ' the . "Houses ". of l *3 in two lepislative bodies. He did not offer any ';»gi'i-'u'cnt on' by "Orofliaanation, . "shall l w *./ s e op'ricn on the matter, but ho said that it | '}"_'_";";70 Ls \ BiG aok Alrer Ahg «i.:;' Jt sia C %fi was = qmestion whether this should _not he fl".{lv.'"c ,: o I\'Tvlc,:bim-.';.;:l oi the Au; gave t'l:3 s J 2 so. , in the United States ore House assonted Teiipee ie rreaogrm atrea intaenim w f €,..0. o to the legislation of another, and it was ; | "'.'" o ra-- in' the fecuiong_referred Lo ' . * a recogmized course for the (GGovernor to vato, | . 4. ! l 'f_' Cmireg o fam '"1 t;) »"l' re :&';13 10 5 Th o. > if ho saw fit, even the loegialation of both e .j.za::...»nt('.."'»rr;f' :-L;g;;c»-'p:s;..:;:f;oi, obsuch 10 CR Hon=«s. *t was with no reference to t'Y}is ;""r":'i"f'%""t:'if" c :'k..;sm;iz;':AinnJof persoas o. problem, however, that he had come to the t lint was Pog nentsiisfed by the law of tho § rt\:)ncil}--: :: on wlluch he had acted with ro-- ls;nv $s 4 é 'Nl to" Stis Lecisiaturs, adopting {% ¢ o gard to these Bills. the form thas the law 1':(1uire~j, aml' fl;y- 4 Nir. CaAMERON said that tho mattor be-- ing the fees that tho rules and practice of . M fore the House was onc of very gravo im this Houeo demanded, h d z}'?kel fox logis-- I ' . > portance. It was vory essential that they o. ine uovorntment was uivided oa tio 4 ; should understand, while they were but in question, the Attorney {ieneral,. who waes the l M the commencoment of the session, whothor lesal adviser of the Lieut--Governor, and : f > 5> or not this body of man, elected by the peo-- > whose views ought not to be interfered with ' j [ A pla for the purpose of representing thein, had y | by his colleagues in off! c, because ho was the E, -- PR the power of legislating, and if a Govern-- responsible officer, and the only one under { -F Tess mens which did not chooss to as the Constitution who had the right to advise . k sume _ before _ Pardiament itself _ the His Excellency on a point of law, holding a 3 ; reevonsibility of advising tho Hous» different opinion from the rest of his col-- , § .. as to whether any legislation oftered for thoir leasgues upon the subject, The Bills * B i comeideration was constitutional or not, t.haf:*, were to boe resorved. wore nam-- N could, after the House had passed their jadg-- ed -- in the -- instractions thus :-- 3+ ment on a measure, render it useless and "Apy Bill of an extraordinary natars an l .ig 7 rugatory, when the influenceo of the Legi--la importance, whereby our prerogative or the | _ y --* £ ; ture was removed from it, (Hear, hear.) 1t rights and property of our subjects in our $ | did not signify whother it was an Orange In-- said Dominion. or the traie and shipping 4 i corporation 1" or a Bill for the incorpora-- of the United Kingdom and its dependencies * h thon 'f'»f' the t t'ligt'.'"'u Bl'oth':rfl; it W Aas ()f may be ')reiudiccd; auy Biu con:'lning pr:,. f tqns! Importanco for them to undlerstaad visions to which our assent has bsen once ' whether the x, as representatives of the peo & refused, or which has been disallowed by T P na to batold by hou. gentlomen oppo-- us." (Hear, hear, from the Government _ _ | uio thst they conld do away at thsir will benches ) There was not one word in the --___| aud p'easure with that which they had con-- f Confederation Act in reference to the i 4 acered it vight to enact This course had rounds on which Bills were to be reserved, \<on pursued by hon. gentlemen opposite, as Eut these were the instructions Following | 0y had been told, because thare were cer. those instructions literally, they wera to ( h tain icstructions fiven by Her Majesty to the read for "Hoer Majesty," in the sections he . Govrernor--Gensral to guide him in giving a«-- had referred to, ""the Governor--General " If | n y e gentlomen opposite thought they should _ .

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