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Ireland, shall be followed. But, Sir, | franchise a very large proportion of the rule in Great Britain is that a the members of this House; ho promember must be sworn before the poses to disfranchise a dozen memSpeaker. Our rule is that he is not bers here, and there might have been a required to be sworn before the Speaker, great many more. but he is sworn before the Clerk, upon Sir JOHN A. MACDONALD: As producing his indenture; he is sworn, it is in England every Session. therefore, not before this House at all, and, that being a departure in what

MR. MACKENZIE: The circumforms the very essenco of the argu

stances are wholly different. ment, a departure in our rules from

SIR JOHN A. MACDONALD: The what obtains in England, the rules practice is all the same. entirely fall through; because, a member once elected, once sworn, and the

MR. MACKENZIE: I have shown documents verifying his election having that the rule in England is not the been deposited with the proper officer,

The rule with regard to the he takes his position as a member of swearing in of members is this: As this House ; and thero is no power soon as the House is elected, and the vested in you, Mr. Patrick, or in the House meets, and is authorized to proSpeaker of the House, if there were a ceed, the Speaker himself first alone Speaker in the chair, to set aside that standing on the upper step of the chair, gentleman's election and compel his takes the oath of allegiance and supreexclusion until he has been introduced macy, and takes and subscribes the in the manner indicated. That matter oath of abjuration, and also delivers to of introduction was discussed here as the Clerk of the House a statement of a mere form which might or might his qualification, and makes and subnot be dispensed with. We know that scribes a declaration that he is duly the right hon. member for Kingston, qualified, in which ceremony he is folwho claims to be a constitutional | lowed by the other members who are authority—and I admit he is-set aside present. The Speaker is elected by this rule. He believed it was not the members before a single one has necessary: ho believed it was a mere taken the oath. In the language of form that might or might not be the right hon. member for Kingston observed, and he gave the strongest (Sir John A. Macdonald), they were proof of his faith in that position by no House, they were a mere assemhimself declining to be introduced. blage, and though he says the oath was SIR JOHN A. MACDONALD: That them a House, yet they were consti

necessary in overy case to constitute is not the position I took.

tuted a House and elected a Speaker MR. MACKENZIE: I hope the beforo

any one

had taken the right hon. gentleman was not in the oath. Notwithstanding all this, the position of Dr. Kenealy, who could right hon. gentleman endeavours not find two members to introduce apply the rules

the rules in England him. The right hon. gentleman has to us,—rules which are wholly inapspent a long time in telling us that plicable under the circumstances. I this is a rule which must of necessity shall not show the bad taste the right be observed; and ret he himself did hon. gentleman has exhibited in disnot observe it. He thought it was cussing matters which were fully disquite unnecessary in the case of Sir cussed last Session, in regard to the hon. John A. Macdonald, but quite neces- gentleman (Mr. Anglin) whom I have sary in the case of Timothy Warren proposed to take the chair. I shall Anglin. The privileges of the House, not introduce any discussion of that the liberties of the people are all at kind, but confine myself strictly to stake, because Timothy Warren Anglin the object which we all have in view, is not required to do what the right the organization of the House in a hon. member for Kingston was not proper manner.

I have thought required to do in his own estimation. much over this affair, and I am quite But the right bon. gentleman, if his satisfied that the course wo have protheory were carried out, might dis- posed—that I have proposed as lead






ing the House-is the only one that MR. MASSON: I rise to a point of could properly be proposed. But I order. I think the House is about to may be permitted, perhaps, to cite an commit a serious error. A rule in the authority in favour of it. Sir Erskine English House of Commons is this, May, on being informed of the position that there cannot be a vote taken on of the matter, writes thus :

the question of the appointment of a “It appears to me that as there are official Speaker unless there is more than one records of the resignation of his feat by the member proposed. I, therefore, object Speaker, of his re-election and of his having to a vote being taken, and I ask a Büly taken the oath, the Clerk, in the absence of the Speaker, may properly communicate

a ruling from the chair on this point. those records to the House. It is not impro- MR. MITCHELL: There seems to bable that objections may be raised to any

be some doubt, from the statements departure from the accustomed course of proceedings; but, I cannot but think, it is made, whether I, not having been injustified by the exceptional circumstances of troduced and presented to the Speaker, the present case."

have a right to sit here. I shall, SIR JOHN A. MACDONALD: There therefore, withdraw to place myself must be a correspondence from which in a correct position, and, as soon as a the hon. gentleman has read, and I Speaker is appointed, I will then come would like to have the whole corres

in. pondonce brought down.

dr. Mitchell then withdrew. MR. MACKENZIE: I cannot give Division :

Motion agreed to on the following the whole correspondence. I have no objection that the right hon. gentle

Messieurs man should see the correspondence.

Appleby MR. MASSON: Another point of Archibald

Jones (Halifax) order is this; the hon. gentleman, who Aylmer is citing precedents in England, well knows that, when papers are read, they Béchard

Lafiamme must be deposited on the table of the


Landerkin House of Commons.



We will dis-
will dis. | Blackburn

Macdonald (Cornwall) that by-and-bye. In the

Macdonald (Centre meantime, I think I have shown

Toronto) sufficiently clearly that the cir

Macdougall (E. Elgin) cumstances under which the House

McDougail (South Renmeets in Canada are wholly different

frew) from those under which the House of Boyer

MacKay (Cape Breton)

Mackenzie Commons in England meets; that it

McCraney would be impossible for us, in fact, to

McGregor act under the rules of the House of Burk

McIsaac Commons in England, and that mem

Burpee (St. Johu)

Burpee (Sunbury) bers being sworn are entitled to enter


Metcalfe the House and take their seats.


Norris very glad- although I do not always Casgrain follow his lead and accept his author

Paterson ity-to be able to cite the distinguished Christie


Pettes example of the right hon. member for

Pickard Kingston in favour of the view I have


Pope (Queens, P.E.I.) taken, because the right hon. gentleman Cook acted upon this interpretation of Par Coupal

Ray liamentary law which I now submit;

De Cosmos

Robillard and it is because he acted upon that

Ross (East Durham) interpretation he is able now to address

De St. Georges

Ross (West Middlesex) the House upon this subject, although,

Ross (Prince Edward) Dymond

Ryan taking his own argument, he has no Ferris

Rymal right to be here at all, far less to address

Scatcherd the House.



Question put.








I am









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Smith (Peel)


Smith (Selkirk)
Smith (Westmoreland)

Friday, 8th Feb., 1878.

Snider Gillmor

St. Jean Greenway Taschereau

The Speaker took the chair at Three Haddowy

Thompson (Haldimand) o'clock. Hagar

Thomson (Welland)

Wallace (Albert)


Wood Huntington Yeo

The Hon. PETER MITCHELL, MemIrving Young.–116.

ber for the Electoral District of

the County of Northumberland, New Messieurs

Brunswick, was introduced to the McDougall (Three Riv.) House by Mr. Kirkpatrick and Mr. Benoit

McKay (Colchester)

Wright (Ottawa).


the Hon. Peter Mitchell having been Masson Campbell Monteith

duly returned to represent the ElecCaron Montplaisir

toral District of the county of NorMousseau

thumberland, has taken the oath and Colby

Ouimet Cuthbert Pinsonneault

subscribed the roll, and now desires to Platt

take his seat. Desjardins

Pope (Compton)

MR. SPEAKER: The hon gentieman

having taken his seat yesterday in this Robitaille

House, I think may now fairly resume Gibbs (North Ontario) Rochester

Gibbs (South Ontario) Rouleau

Mr. Mitchell took his seat.

Stephenson Hurteau

SIR JOHN A. MACDONALD: Mr. Thompson (Cariboo) Jones (Leed3) Tupper

Speaker, I presume that it is by order Kirkpatrick

Wallace (S. Norfolk) of the House that you made that stateLangerin

White (East Hastings) Lanthier

White (North Renfrew) ment. I presume the Speaker is only Little

Wright (Ottawa the mouthpiece of the House, and can Macdonald (Kingston) County)-53. only speak when directed by order of

And the Clerk of the House having the House, and not otherwisu. declared the IIon. Mr. Anglin duly MR. SPEAKER: I merely made a elected, he was conducted to the chair statement of fact as to the competence by Messrs. Mackenzie and Smith of the hon. member to take his seat. (Westmoreland).

MR. HOLTON: Mr. Speaker, I was MR.SPEAKER,standing on the steps about to object to the hon. gentleman's of the Chair, said: I thank the Mem- being again introduced when you bers of the House sincerely for the

spoke. high honour they have done me, in hav

MR. MITCHELL : Mr. Speaker, I ing elected me to the responsible and dignified position of Speaker of this think it something remarkable that honourable body, and I can only assure the head of this Honse should have them that, while I continue holding the made the remark that he did on the chair, I will endeavour, as I believe and presentation of a member. I felt yes

, to discharge the duties of that position members taking their seats without impartially and fairly, to the satis- being presented to the Speaker, by a faction of every honourable and fair gentleman whose right to speak with minded man, and in such a way as to relation to the practices and privileges add to the dignity and respect due to of the House of Commons of Canada this honourable body.

cannot be questioned here, that I Then the Mace was laid upon the should take the step which I have taken.

When he (Sir John A. Macdonald), Table. House adjourned at

yesterday pointed out the fact that no Twenty minutes after new member had the right to take his

Four o'clock. / seat in the House untii, according to



the rules and privileges of Parliament, | Mr. SPEAKER, he had subscribed the oath and been

His Excellency the Governor-General presented to the Speaker, I felt that desires the immediate attendance of this this practice should be followed. I fonourable House in the Senate Chamter. took the oaths yesterday, and I then Accordingly, Mr. Speaker, with the supposed that no doubt could arise House, went up to the Senate Chamwith regard to my taking my seat. I ber ;-and then believed that I had right Mr. Speaker spoke to the following to my seat; but, when that objec-effect: tion was inade by my hon, friend who leads this side of the House, it MAY in Please Your EXCELLENCY :seemed to my mind fit that I should

The House of Commons have elected me place myself in a proper position before

as their Speaker, though I am but little able ibe House. When, as the House knows, to fulfil the important duties thus assigned and the country knows, that owing to to me. If, in the performance of those duties, I the objection taken from the other should at any time fall into error, I pray side of the House last Session, I found

that the fault may be imputed to me, and

. that I had unwittingly placed myself not to the Commons, whose servant I am. in such a position that great doubt The Speaker of the Senate then existed as to whether I had the right to said :take my seat or not, I felt, as I feel

Mr. SPEAKER, now, that I should wipe off and remove the objection made against me; and am commanded by His Excellency the having done so--having gone back for Governor-General to assure you that your l'e-election in my county, at considera- words and actions will constantly receive ble inconvenience to myself, and to the from him the most favourable construction. great inconvenience of the numerous

And the House being returned ---majority in my county who so nobly ZEPHIRIN DÉSIRÉ alias OLIVIER sustained me, I say I did not deserve | DÉSIRÉ BOURBEAU, Esq., Member for the slur which was thrown out against Drummond and Arthabaska; JACQUES my having taken my soat yester MALOUIN, Esq.. Member for Quebec day when I was ignorant as to Centre; and FRANÇOIS XAVIER OVIDE whether I had the right to take my MÉTHOT, Esq., Member for Nirolet, seat or not; and what I would further

were respectively introduced to the remark is that, wishing to set myself House, and took their seats. right with the country, I do not think that the fact of my innocently having

BEAUCE CONTROVERTED ELECTI:) N. so taken my scat, and having innocently infringed the rules of the House

JUDGE'S REPORT. affords any justification for such cominent; and when I attempt to set MR. SPEAKER informed the House myself right and place myself in such that he had received from the Hon. a position that no man on either side Mr. Justice Bossé, one of the Judges of the Houso can raise the question or

selected for the trial of Election Petithe slighest doubt about Peter Mitchell | tions, pursuant to tho Do:ninion Contaking his seat, or the right of the troverted Elections Act, 1874, his county of Northumberland to send me judgement in the matter of the Conhere, I think it comes with no very troverted Election for the Electoral good grace to make such a remark on District of Boruce. my seeking to remove the only difficulty that exists with regard to my

NEW MEMBER. possession of my seat in this House.

MR. SPEAKER informed the House

that the Clerk of the House had reOPENING OF PARLIAMENT.

ceived from the Clerk of the Crown in

Chancery,-Certificate of the election A Message from His Excellency thc and

of the Hon. Peter Governor General, by the Gentleman | Mitchell, to represent the Electoral Usher of the Black Rod :

District of Northumberland, N. B.



ADMINISTRATION OF OATHS OF OFFICE / already been made. The expenditure will BILL.

slightly exceed the estimate, but I doubt [BILL NO. 1.]

not the cost to Canada will be amply repaid

by the extension of her trade. (Mr. Mackenzie.)

Preparations have been uninterruptedly

carried on, during the last six months, for MR. MACKENZIE introduced a

securing an ample but select exhibition of Bill (No. 1) Respecting the Adminis. Canada's products and manufactures at the tration of Oaths of Office.

great exhibition to be held at Paris during Bill read the first time.

the current year. A further estimate will

be required to meet the expenditure. His SPEECH FROM THE THRONE.

Royal Highness the Prince of Wales, as MR. SPEAKER reported His Ex- Chairman of the British Commissioners, has cellency's Speech from the Throne, assigned a most prominent place to Canada and read a copy thereof to the House, in one of the main towers, where a Canadian which is as follows:

Trophy is now being erected.

A very disastrous fire occurred in June Honourable Gentlemen of the Senate :

last, in the city of St. John, which caused Gentlemen of the House of Commons :

the destruction of a large portion of the city, In again summoning you for the despatch including all the public buildings owned by of business, I am glad to be able to say that the Dominion Government. My Government nothing beyond the ordinary business of the deemed it necessary to contribute $20,000 to country requires your attendance.

assist in relieving the immediate wants of It afforded me great pleasure to have had the people who were rendered destitute by so an opportunity, before my departure from appalling a calamity. I also sanctioned the Canada, of visiting the Provicce of Manitoba appropriation of some public money, with and a portion of the outside Territories, which to comnience the erectioz of new which visit I accomplished during last buildings for the public business, which acts Autumn. I have now had the advantage of you will be asked to confirm in the usual visiting every Province in the Dominion

way. during the term of my government of During last summer my Commissioners Canada.

made another treaty with the Blackfeet, I am happy to be able to say that the Blood and Piegan Indians, by which the arbitration on the Fishery claims, under the

Indian title is extinguished over a territory terms of the Washington Treaty, has been of 51,000 square miles west of Treaty No. 4, concluded. An award has been made by and south of Treaty No. 6. The treafy has the Commission of $5,500,000 as compensa- been made on terms nearly the same as tion to Canada and Newfoundland for the those under Treaty No. 6, though somewhat use of their Fisheries during the term of the less onerous. The entire territory west of present Treaty. This amount is much less Lake Superior to the Rocky Mountains, and than that claimed by my Government, but from the boundary nearly to the 55th degree having assented to the creation of the tri- of north latitude, embracing about 450,000 bunal for the determination of their value, square miles, has now been acquired by we are bound loyally to assent to the deci- | peaceful negotiation with the native tribes, sion given.

who place implicit faith in the honour and The exhibition of Canadian manufactures justice of the British Crown. and products at Sydney, New South Wales, Early in the past summer a large body of was successfully carried out. I trust that Indians, under Sitting Bull, from the United the result will be the opening up of a new States, crossed into British territory, to market for Canadian goods even in so re- escape from the United States troops, and mote a region as the Australasian colonies, have since remained on the Canadian side. shipments of Canadian productions having The United States Government made a

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