Legislature of Quebec

Législature du Québec
First Legislature, 1867 - 1871
Coat of arms or logo
Type
Type
HousesLegislative Council
Legislative Assembly
Term limits
Four years, subject to earlier dissolution
History
FoundedJuly 1, 1867 (1867-07-01)
Succeeded bySecond Legislature of Quebec, 1871-1875
Leadership
Structure
SeatsLegislative Council: 24
Legislative Assembly: 65
Legislative Council political groups
Conservatives 21
Liberals 3
Legislative Assembly political groups
Conservatives 51
Liberals 12
Independent 1
Vacant 1
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
British North America Act, 1867

The First Legislature of Quebec was summoned in 1867 when the new Canadian province of Quebec was created, as part of the new country of Canada.

The Legislature 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 August and September, 1867, and returned a majority for the Quebec Conservative Party led by Premier Pierre-Joseph-Olivier Chauveau. The Liberal Party of Quebec formed the Official Opposition.

The Chauveau government then appointed the first members to the Legislative Council in November, 1867, who were sworn into their positions in December, 1867. The Conservatives had a strong majority in the Legislative Council.

The first session of the Legislature was called on December 27, 1867. The Legislature had four annual sessions, until its dissolution on May 27, 1871, triggering the second general election.

Creation of the Legislature

The province of Quebec was created on July 1, 1867, when the British North America Act, 1867 came into force, splitting the old Province of Canada into the new provinces of Quebec (formerly Lower Canada) and Ontario (formerly Upper Canada).[1] That Act also created the Legislature of Quebec, composed of the Lieutenant Governor, the Legislative Assembly and the Legislative Council.[2]

The Act provided that the Lieutenant Governor was to be appointed by the Governor General of Canada for a term of five years, subject to dismissal for cause.[3] The Legislative Assembly was to consist of sixty-five members, elected in single-member constituencies.[4] The Legislative Assembly was to last for four years, subject to being dissolved earlier by the Lieutenant Governor.[5] The Legislative Council was to consist of twenty-four members, appointed for life.[6] Each Legislative Councillor was appointed to represent one of the twenty-four divisions which had formerly been used in the Legislative Council of the Province of Canada[6][7]

Elections and Qualifications

The first election was conducted under the electoral laws of the former Province of Canada, which had been continued in force until such time as the Quebec Legislature enacted electoral laws specifically for Quebec.[8]

Right to vote

The right to vote in elections to the Legislative Assembly was not universal. Only male British subjects (by birth or naturalisation), aged 21 and older, were eligible to vote, and only if they met a property qualification. For residents of cities and towns, the qualification was being the owner, tenant or occupant of real property assessed at three hundred dollars, or at an assessed yearly value of thirty dollars. For residents of townships and parishes, the requirements were either an assessment of two hundred dollars, or an assessed yearly value of twenty dollars.[9]

Women were expressly prohibited from voting, "for any Electoral Division whatever".[10]

Judges and many municipal and provincial officials were also barred from voting, particularly officials with duties relating to public revenue. Election officials were also barred from voting.[11]

Voting was done by open ballotting, where the voters publicly declared their vote to the election officials.[12]

Qualification for the Legislative Assembly

Candidates for the Legislative Assembly had to meet a significant property qualification. A candidate had to own real property in the Province of Canada, worth at least £500 in British sterling, over and above any encumbrances on the property.[13][14]

Qualification for the Legislative Council

The qualifications for the members of the Legislative Council were the same as for the members of the Senate of Canada.[15]

Those requirements were:

  1. Be of the full age of thirty years;
  2. Be a British subject, either natural-born or naturalised;
  3. Possess real property in Quebec worth at least $4,000, over and above any debts or incumbrances on the property;
  4. Have a net worth of at least $4,000, over and above debts and liabilities;
  5. Reside in Quebec;
  6. Reside in, or possess his qualifying real property, in the division he was named to represent.[16]

The provisions of the British North America Act, 1867 did not explicitly bar women from being called to the Senate of Canada. However, until the Persons Case in 1929, it was assumed that women could not be called to the Senate, and thus were also barred from the Legislative Council. In any event, no woman was ever appointed to the Legislative Council.[17]

First government and election

The first Governor General of Canada, Viscount Monck, appointed Narcisse-Fortunat Belleau, a former premier of the Province of Canada, as the first Lieutenant Governor, effective July 1, 1867.[18] Belleau in turn appointed Pierre-Joseph-Olivier Chauveau as premier on July 15, 1867.[19] Chauveau had formerly been active in politics as a member of the Legislative Assembly and the Cabinet of the Province of Canada, but he had been out of electoral politics since 1855.[20] He was appointed as a compromise candidate to begin the government of the new province.[21]

The first general election for the Legislative Assembly was held in August and September 1867.[22] Chauveau and the Conservatives won a strong majority of fifty-one seats in the sixty-five seat Assembly. The Chaveau government then appointed the twenty-four members of the Legislative Council. Twenty-one of the appointed members supported the Conservative party.

Legislative Assembly

Party standings

The 1867 elections returned a majority in the Legislative Assembly for the Conservative Party, led by Premier Chauveau.[23]

1867 Election Results
Party Members
  Conservatives 51
  Liberals 12
  Independent 1
Vacant[24] (1)
Total 65
Government Majority 38

Members of the Legislative Assembly

The following candidates were elected to the Legislative Assembly in the 1867 election.[25] The Premier of Quebec is indicated by Bold italics. The Speaker of the Legislative Assembly is indicated by small caps. Cabinet Ministers are indicated by Italics.

Name Party Riding
  Sydney Robert Bellingham Conservative Argenteuil
  Pierre-Samuel Gendron Conservative Bagot
  Christian Henry Pozer Liberal Beauce
  Célestin Bergevin Conservative Beauharnois
  Onésime Pelletier Liberal Bellechasse
  Louis-Joseph Moll Conservative Berthier
  Clarence Hamilton Liberal Bonaventure
  Christopher Dunkin Conservative Brome
  Jean-Baptiste Jodoin Conservative Chambly
  John Jones Ross[note 1] Conservative Champlain
  Léon-Charles Clément Conservative Charlevoix
  Édouard Laberge Liberal Châteauguay
  Pierre-Alexis Tremblay Independent Chicoutimi et Saguenay
  James Ross Conservative Compton
  Gédéon Ouimet Conservative Deux-Montagnes
  Hector-Louis Langevin Conservative Dorchester
  Edward John Hemming Conservative Drummond et Arthabaska
  Pierre-Étienne Fortin Conservative Gaspé
  Louis Beaubien Conservative Hochelaga
  Julius Scriver[note 2] Conservative Huntingdon
  Louis Molleur Liberal Iberville
  Pamphile-Gaspard Verreault Conservative Islet
  Narcisse Lecavalier Conservative Jacques Cartier
  Vincent-Paul Lavallée Conservative Joliette
Vacant (until 1869)[24] – Kamouraska
  Césaire Thérien Conservative Laprairie
  Étienne Mathieu Conservative L'Assomption
  Joseph-Hyacinthe Bellerose Conservative Laval
  Joseph-Godric Blanchet Conservative Lévis
  Henri-Gustave Joly de Lotbinière Liberal Lotbinière
  Alexis Lesieur Desaulniers Conservative Maskinongé
  George Irvine Conservative Mégantic
  Josiah Sandford Brigham Conservative Missisquoi
  Firmin Dugas Conservative Montcalm
  Louis-Henri Blais Liberal Montmagny
  Joseph-Édouard Cauchon Conservative Montmorency
  Edward Brock Carter Conservative Montréal Centre
  George-Étienne Cartier Conservative Montréal Est
  Alexander Walker Ogilvie Conservative Montreal Ouest
  Pierre Benoit[note 3] Liberal Napierville
  Joseph Gaudet Conservative Nicolet
  Levi Ruggles Church Conservative Ottawa
  John Poupore Conservative Pontiac
  Praxède Larue Conservative Portneuf
  Pierre-Joseph-Olivier Chauveau Conservative Québec-Comté
  Georges-Honoré Simard Conservative Québec-Centre
  Jacques-Philippe Rhéaume Conservative Québec-Est
  John Hearn Conservative Québec-Ouest
  Joseph Beaudreau[note 4] Conservative Richelieu
  Jacques Picard Conservative Richmond et Wolfe
  Joseph Garon Conservative Rimouski
  Victor Robert Liberal Rouville
  Pierre Bachand Liberal St. Hyacinthe
  Félix-Gabriel Marchand Liberal St. Jean
  Abraham Lesieur Desaulniers Conservative St. Maurice
  Michel-Adrien Bessette Conservateur Shefford
  Joseph Gibb Robertson[note 5] Conservative Sherbrooke
  Dominique-Amable Coutlée Conservative Soulanges
  Thomas Locke Conservative Stanstead
  Élie Mailloux Conservative Témiscouata
  Joseph-Adolphe Chapleau Conservative Terrebonne
  Louis-Charles Boucher de Niverville[note 6] Conservative Trois-Rivières
  Antoine-Chartier de Lotbinière Harwood Conservative Vaudreuil
  André-Boniface Craig Conservative Verchères
  Louis-Adélard Sénécal Liberal Yamaska

Reasons for Vacancies

  1. ↑ Seat became vacant on appointment to the Legislative Council, November 2, 1867[26]
  2. ↑ Resigned on standing for election to the House of Commons, October 6, 1869.[27]
  3. ↑ Died in office, August 26, 1870.[28]
  4. ↑ Died in office, October 5, 1869.[29]
  5. ↑ Accepted a Cabinet position, a triggering a ministerial by-election.[30]
  6. ↑ Resigned on appointment as sheriff for district of Trois-Rivières, September 30, 1868.[31]

By-elections

There were eight by-elections during the term of the First Legislature.[32][25]

By-elections, 1867-1870
Name Party Riding Reason for Vacancy By-election Date
  Jean-Charles Chapais Conservative Champlain Incumbent appointed to Legislative Council December 16, 1867
  Sévère Dumoulin[note 1] Conservative Trois-Rivières Incumbent appointed sheriff of Trois-Rivières October 16, 1868
  Charles-François Roy Conservative Kamouraska Election deferred to 1869 due to riots[24] February 11, 1869
  Charles-Borromée Genest Conservative Trois-Rivières Incumbent appointed sheriff of Trois-Rivières October 19, 1869
  Pierre Gélinas Conservative Richelieu Death of incumbent October 26, 1869
  Joseph Gibb Robertson Conservative Sherbrooke Accepted a Cabinet position, triggering a ministerial by-election; re-elected. November 5, 1869
  William Cantwell Conservative Huntingdon Incumbent elected to House of Commons November 6, 1869
  Laurent-David Lafontaine Liberal Napierville Death of incumbent October 11, 1870

Reason for Vacancy

  1. ↑ Resigned on being appointed sheriff for the district of Trois-Rivières, September 16, 1869.[33]

Legislative Council

Party standings

Following the election, the Chauveau government appointed twenty-four individuals to the Legislative Council. The result was a Council with a strong Conservative majority.

Standings at First Session, 1867
Party Members
  Conservatives 21
  Liberals 3
Total: 24
Government Majority: 18

Members during the First Legislature

The Speaker of the Legislative Council is indicated by small caps. Cabinet members are indicated by italics.

Members 1867-1871
Legislative Council Divisions Member Party Term Start Term End
Alma Beaudry, Jean-Louis Conservative November 2, 1867 June 25, 1886
Bedford Wood, Thomas Conservative November 2, 1867 November 13, 1898
De la Durantaye Beaubien, Joseph-Octave Conservative November 2, 1867 November 7, 1877
De la Vallière Proulx, Jean-Baptiste-Georges Liberal November 2, 1867 January 27, 1884
De Lanaudière Dostaler, Pierre-Eustache Conservative November 2, 1867 January 4, 1884
De Lorimier Rodier, Charles-Séraphin Conservative November 2, 1867 February 3, 1876
De Salaberry Starnes, Henry Liberal November 2, 1867 March 3, 1896
Grandville Dionne, Élisée Conservative November 2, 1867 August 22, 1892
Gulf Le Boutillier, John Conservative November 2, 1867 July 31, 1872
Inkerman Bryson, George (Sr.) Conservative November 2, 1867 January 13, 1900
Kennebec Thibaudeau, Isidore Liberal November 2, 1867 January 21, 1874
La Salle Panet, Louis Conservative November 2, 1867 May 15, 1884
Lauzon Chaussegros de Léry, Alexandre-René Conservative November 2, 1867 December 19, 1880
Mille-Isles Lemaire, Félix-Hyacinthe Conservative November 2, 1867 December 17, 1879
Montarville Boucher de Boucherville, Charles-Eugène Conservative November 2, 1867 September 10, 1915
Repentigny Archambeault, Louis Conservative November 2, 1867 June 6, 1888
Rigaud Prud'homme, Eustache Conservative November 2, 1867 April 25, 1888
Rougemont Fraser de Berry, John Conservative November 2, 1867 November 15, 1876
Saurel Armstrong, David Morrison Conservative November 2, 1867 April 14, 1873
Shawinigan Ross, John Jones Conservative November 2, 1867 May 4, 1901
Stadacona McGreevy, Thomas Conservative November 2, 1867 February 2, 1874
The Laurentides Gingras, Jean-Élie Conservative November 2, 1867 December 10, 1887
Victoria Ferrier, James Conservative November 2, 1867 May 30, 1888
Wellington Hale, Edward Conservative November 2, 1867 April 26, 1875

Qualifications of the Legislative Councillors

Sixteen of the individuals appointed had previously been involved in the government of the Province of Canada, sitting in either the Legislative Assembly or the Legislative Council: Beaudry, Beaubien, Proulx, Dostaler, Le Boutillier, Bryson, Thibaudeau, Panet, Boucher de Boucherville, Archambeault, Prud'homme, Armstrong, Ross, Gingras, Ferrier and Hale.

Nine of the individuals had been involved in municipal politics, including former mayors of Montreal: Beaudry, Wood, Rodier, Starnes, Bryson, Lemaire, Archambeault, McGreevy, and Ferrier.

Five of the individuals were involved in business or their seigneuries: Dionne, Thibaudeau, Chaussegros de Léry, Fraser de Berry and McGreevy.

First Quebec Ministry: Chauveau Cabinet, 1867-1873

Pierre-Joseph-Olivier Chauveau, First Premier of Quebec, 1867-1873

The first Cabinet for Quebec consisted of Premier Chauveau and six other Cabinet ministers.[34] Chauveau and four of the ministers were Members of the Legislative Assembly, while two were Members of the Legislative Council. Chauveau held other ministries, in addition to being premier.

Members of the Executive Council
Position Minister Term Start Term End
Premier and President of the Executive Council Pierre-Joseph-Olivier Chauveau 1867 1873
Agriculture and Public Works Louis Archambeault* 1867 1873
Attorney General Gédéon Ouimet 1867 1873
Crown lands Joseph-Octave Beaubien 1867 1873
Public Instruction Pierre-Joseph-Olivier Chauveau 1867 1873
Secretary and Registrar Pierre-Joseph-Olivier Chauveau 1867 1873
Solicitor General George Irvine 1867 1873
Speaker of the Legislative Council Charles-Eugène Boucher de Boucherville* 1867 1873
Treasurer Christopher Dunkin 1867 1869
Joseph Gibb Robertson 1869 1873
* Members of the Legislative Council

Leader of the Opposition

Henri-Gustave Joly de Lotbinière: First Leader of the Opposition, 1869-1878

When the Legislature first met, the Liberals did not have a formal party structure or leader. As a result, there was no official Leader of the Opposition for the first session of the Legislature. Henri-Gustave Joly de Lotbinière gradually emerged as the leader of the Liberals. Late in the second session held in 1869, he was formally elected Liberal leader and took the position in the House opposite to the Premier, as the Leader of the Opposition.[35][36]

Legislative sessions

The Legislature had four annual sessions:

  • First session: December 27, 1867 to February 24, 1868, with thirty-nine sitting days.
  • Second session: January 20, 1869 to April 5, 1869, with forty-eight sitting days.
  • Third session: November 23, 1869 to February 1, 1870, with thirty-eight sitting days.
  • Fourth and final session: November 3, 1870 to December 24, 1870, with thirty-eight sitting days.

The Legislature did not meet again prior to its dissolution on May 27, 1871.[37]

References

  1. ↑ British North America Act, 1867 [now known as the Constitution Act, 1867], s. 6.
  2. ↑ British North America Act, 1867, s. 71.
  3. ↑ British North America Act, 1867, s. 58.
  4. ↑ British North America Act, 1867, s. 80.
  5. ↑ British North America Act, 1867, s. 85.
  6. 1 2 British North America Act, 1867, s. 72.
  7. ↑ British North America Act, 1867, s. 22.
  8. ↑ British North America Act, 1867, s. 84.
  9. ↑ An Act respecting Elections of Members of the Legislature, Consolidated Statutes of Canada, 1859, c. 6, s. 4.
  10. ↑ An Act respecting Elections of Members of the Legislature, s. 3.
  11. ↑ An Act respecting Elections of Members of the Legislature, ss. 1 and 2.
  12. ↑ An Act respecting Elections of Members of the Legislature, ss. 51-54.
  13. ↑ Act of Union 1840 (UK), c. 35, s. 27.
  14. ↑ An Act respecting Elections of Members of the Legislature, s. 36.
  15. ↑ British North America Act, 1867, s. 73.
  16. ↑ British North America Act, 1867, s. 23.
  17. ↑ Quebec National Assembly: Les membres du Conseil législatif (par divisions).
  18. ↑ Quebec National Assembly: Lieutenants-gouverneurs depuis 1867.
  19. ↑ Quebec National Assembly: Cabinet Chauveau (Conservative).
  20. ↑ Quebec National Assembly: Pierre-Joseph-Olivier Chauveau.
  21. ↑ Dictionary of Canadian Biography: Chauveau, Pierre-Joseph-Olivier.
  22. ↑ Quebec National Assembly: Les élections générales.
  23. ↑ Quebec National Assembly: La répartition des sièges aux élections générales.
  24. 1 2 3 Election delayed due to riots: Norman Ward, "Early Electioneering in Canada" (1951), 31:1 Dalhousie Review 65.
  25. 1 2 Quebec National Assembly: Les résultats électoraux depuis 1867.
  26. ↑ Quebec National Assembly: John Jones Ross
  27. ↑ Quebec National Assembly: Julius Scriver
  28. ↑ Quebec National Assembly: Pierre Benoit
  29. ↑ Quebec National Assembly: Joseph Beaudreau
  30. ↑ Quebec National Assembly: Joseph Gibb Robertson
  31. ↑ Quebec National Assembly: Louis-Charles Boucher de Niverville
  32. ↑ Quebec National Assembly: Les élections partielles.
  33. ↑ Quebec National Assembly: Sévère Dumoulin
  34. ↑ Quebec National Assembly: Les titulaires de ministères depuis 1867: Cabinet Chauveau (Conservative), July 5, 1867 to February 27, 1873.
  35. ↑ Dictionary of Canadian Biography: "Joly de Lotbinière, Sir Henri-Gustave".
  36. ↑ Quebec National Assembly: Les chefs de l'opposition officielle depuis 1869.
  37. ↑ Quebec National Assembly: Les législatures et leurs sessions depuis 1867.
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