it is in England every Session. SIR JOHN A. MACDONALD: As MR. MACKENZIE: The circumstances are wholly different. SIR JOHN A. MACDONALD: The practice is all the same. 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; he 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 producing his indenture; he is sworn, therefore, not before this House at all, and, that being a departure in what forms the very essence of the argument, a departure in our rules from what obtains in England, the rules entirely fall through; because, a member once elected, once sworn, and the documents verifying his clection having been deposited with the proper officer, he takes his position as a member of this House; and there is no power vested in you, Mr. Patrick, or in the Speaker of the House, if there were a Speaker in the chair, to set aside that gentleman's election and compel his exclusion until he has been introduced in the manner indicated. That matter of introduction was discussed here as a mere form which might or might not be dispensed with. We know that the right hon. member for Kingston, who claims to be a constitutional authority-and I admit he is-set aside this rule. He believed it was not necessary; he believed it was a mere form that might or might not be observed, and ho gave the strongest proof of his faith in that position by himself declining to be introduced. SIR JOHN A. MACDONALD: That is not the position I took. MR. MACKENZIE: I hope the right hon. gentleman was not in the position of Dr. Kenealy, who could not find two members to introduce him. The right hon. gentleman has spent a long time in telling us that this is a rule which must of necessity be observed; and vet he himself did not observe it. He thought it was quite unnecessary in the case of Sir John A. Macdonald, but quite necessary in the case of Timothy Warren Anglin. The privileges of the House, the liberties of the people are all at stake, because Timothy Warren Anglin is not required to do what the right hon. member for Kingston was not required to do in his own estimation. But the right hon. gentleman, if his theory were carried out, might dis MR. MACKENZIE: I have shown that the rule in England is not the same. The rule with regard to the swearing in of members is this: As soon as the House is elected, and the House meets, and is authorized to proceed, the Speaker himself first alone standing on the upper step of the chair, takes the oath of allegiance and supremacy, and takes and subscribes the oath of abjuration, and also delivers to the Clerk of the House a statement of his qualification, and makes and subscribes a declaration that he is duly qualified, in which ceremony he is followed by the other members who are present. The Speaker is elected by the members before a single one has taken the oath. In the language of the right hon. member for Kingston (Sir John A. Macdonald), they were no House, they were a mere assemblage, and though he says the oath was them a House, yet they were constinecessary in every case to constitute tuted a House and elected a Speaker before any one had taken the oath. Notwithstanding all this, the right hon. gentleman endeavours to apply the rules in England to us, rules which are wholly inapplicable under the circumstances. I shall not show the bad taste the right hon. gentleman has exhibited in discussing matters which were fully discussed last Session, in regard to the hon. gentleman (Mr. Anglin) whom I have proposed to take the chair. I shall not introduce any discussion of that kind, but confine myself strictly to the object which we all have in view, the organization of the House in a proper manner. I have thought much over this affair, and I am quite satisfied that the course we have proposed-that I have proposed as lead ing the House-is the only one that could properly be proposed. But I may be permitted, perhaps, to cite an authority in favour of it. Sir Erskine May, on being informed of the position of the matter, writes thus : "It appears to me that as there are official records of the resignation of his seat by the Speaker, of his re-election and of his having duly taken the oath, the Clerk, in the absence of the Speaker, may properly communicate those records to the House. It is not improbable that objections may be raised to any departure from the accustomed course of proceedings; but, I cannot but think, it is justified by the exceptional circumstances of the present case.' SIR JOHN A. MACDONALD: There must be a correspondence from which the hon. gentleman has read, and I would like to have the whole correspondence brought down. MR. MACKENZIE: I cannot give the whole correspondence. I have no objection that the right hon. gentleman should see the correspondence. MR. MASSON: Another point of order is this; the hon. gentleman, who is citing precedents in England, well knows that, when papers are read, they must be deposited on the table of the House of Commons. MR. MASSON: I rise to a point of order. I think the House is about to A rule in the commit a serious error. English House of Commons is this, that there cannot be a vote taken on the question of the appointment of a Speaker unless there is more than one member proposed. I, therefore, object to a vote being taken, and I ask a a ruling from the chair on this point. MR. MITCHELL: There seems to be some doubt, from the statements made, whether I, not having been introduced and presented to the Speaker, have a right to sit here. I shall, therefore, withdraw to place myself in a correct position, and, as soon as a Speaker is appointed, I will then come MR. MACKENZIE: We will discuss that by-and-bye. In the meantime, I think I have shown sufficiently clearly that the cumstances under which the House meets in Canada are wholly different from those under which the House of Commons in England meets; that it would be impossible for us, in fact, to act under the rules of the House of Commons in England, and that members being sworn are entitled to enter the House and take their seats. I am very glad-although I do not always follow his lead and accept his authority-to be able to cite the distinguished example of the right hon. member for Kingston in favour of the view I have taken, because the right hon. gentleman acted upon this interpretation of Parliamentary law which I now submit; and it is because he acted upon that interpretation he is able now to address the House upon this subject, although, taking his own argument, he has no right to be here at all, far less to address the House. Question put. YEAS: Messieurs Jetté Jones (Halifax) Kerr Killam Kirk Laflamme Lajoie Landerkin Langlois Laurier Macdonald (Cornwall) Macdonald (Centre Toronto) MacDonnell Macdougall (E. Elgin) McDougall (South Ren frew) MacKay (Cape Breton) Mackenzie Jones (Leeds) Kirkpatrick Langevin Lanthier Roy Stephenson Thompson (Cariboo) Tupper Wallace (S. Norfolk) White (East Hastings) White (North Renfrew) Little Wright (Ottawa Macdonald (Kingston) County)-53. And the Clerk of the House having declared the Hon. Mr. Anglin duly elected, he was conducted to the chair by Messrs. Mackenzie and Smith (Westmoreland). MR.SPEAKER,standing on the steps of the Chair, said: I thank the Members of the House sincerely for the high honour they have done me, in having elected me to the responsible and dignified position of Speaker of this honourable body, and I can only assure them that, while I continue holding the chair, I will endeavour, as I believe and trust I have endeavoured in the past, to discharge the duties of that position impartially and fairly, to the satisfaction of every honourable and fairminded man, and in such a way as to add to the dignity and respect due to this honourable body. Then the Mace was laid upon the Table. House adjourned at Four o'clock. HOUSE OF COMMONS. Friday, 8th Feb., 1878. The Speaker took the chair at Three o'clock. THE SEAT FOR NORTHUMBERLAND. The HON. PETER MITCHELL, Member for the Electoral District of the County of Northumberland, New Brunswick, was introduced to the House by Mr. Kirkpatrick and Mr. Wright (Ottawa). MR. KIRKPATRICK: Mr. Speaker, the Hon. Peter Mitchell having been duly returned to represent the Electoral District of the county of Northumberland, has taken the oath and subscribed the roll, and now desires to take his seat. MR. SPEAKER: The hon gentleman having taken his seat yesterday in this House, I think may now fairly resume it. Mr. Mitchell took his seat. SIR JOHN A. MACDONALD: Mr. Speaker, I presume that it is by order of the House that you made that statement. I presume the Speaker is only the mouthpiece of the House, and can only speak when directed by order of the House, and not otherwise. statement of fact as to the competence MR. SPEAKER: I merely made a of the hon. member to take his seat. MR. HOLTON: Mr. Speaker, I was about to object to the hon. gentleman's being again introduced when you spoke. think it something remarkable that MR. MITCHELL: Mr. Speaker, I think it something remarkable that the head of this Honse should have made the remark that he did on the presentation of a member. I felt yesterday, when objection was made to members taking their seats without being presented to the Speaker, by a gentleman whose right to speak with relation to the practices and privileges of the House of Commons of Canada cannot be questioned here, that I should take the step which I have taken. When he (Sir John A. Macdonald), yesterday pointed out the fact that no new member had the right to take his seat in the House untii, according to the rules and privileges of Parliament, he had subscribed the oath and been presented to the Speaker, I felt that this practice should be followed. I took the oaths yesterday, and I then supposed that no doubt could arise with regard to my taking my seat. I believed that I had a right to my seat; but, when that objection was inade by my hon. friend who leads this side of the House, it seemed to my mind fit that I should place myself in a proper position before the House. When, as the House knows, and the country knows, that owing to the objection taken from the other side of the House last Session, I found that I had unwittingly placed myself in such a position that great doubt existed as to whether I had the right to take my seat or not, I felt, as I feel now, that I should wipe off and remove the objection made against me; and having done so-having gone back for re-election in my county, at considerable inconvenience to myself, and to the great inconvenience of the numerous majority in my county who so nobly sustained me--I say I did not deserve the slur which was thrown out against my having taken my seat yesterday when I was ignorant as to whether I had the right to take my seat or not; and what I would further remark is that, wishing to set myself right with the country, I do not think that the fact of my innocently having so taken my seat, and having innocently infringed the rules of the House affords any justification for such cominent; and when I attempt to set myself right and place myself in such a position that no man on either side of the Houso can raise the question or the slighest doubt about Peter Mitchell taking his seat, or the right of the county of Northumberland to send me here, I think it comes with no very good grace to make such a remark on my seeking to remove the only difficulty that exists with regard to my possession of my seat in this House. OPENING OF PARLIAMENT. A Message from His Excellency the Governor General, by the Gentleman Usher of the Black Rod :— Mr. SPEAKER, His Excellency the Governor-General desires the immediate attendance of this Honourable House in the Senate Chamber. Accordingly, Mr. Speaker, with the House, went up to the Senate Chamber;-and then Mr. Speaker spoke to the following effect :— MAY IT PLEASE YOUR EXCELLENCY :— The House of Commons have elected me as their Speaker, though I am but little able to fulfil the important duties thus assigned to me. If, in the performance of those duties, I should at any time fall into error, I pray that the fault may be imputed to me, and not to the Commons, whose servant I am. The Speaker of the Senate then. said : Mr. SPEAKER, I am commanded by His Excellency the Governor-General to assure you that your words and actions will constantly receive from him the most favourable construction. And the House being returned,— ZEPHIRIN DÉSIRÉ alias OLIVIER DESIRE BOURBEAU, Esq., Member for Drummond and Arthabaska; JACQUES MALOUIN, Esq.. Member for Quebec Centre; and FRANÇOIS XAVIER ÖVIDE MÉTHOT, Esq., Member for Nicolet, were respectively introduced to the House, and took their seats. BEAUCE CONTROVERTED ELECTION. JUDGE'S REPORT. MR. SPEAKER informed the House that he had received from the Hon. Mr. Justice Bossé, one of the Judges selected for the trial of Election Petitions, pursuant to the Dominion Controverted Elections Act, 1874, his judgement in the matter of the Controverted Election for the Electoral District of Beauce. NEW MEMBER. MR. SPEAKER informed the House that the Clerk of the House had received from the Clerk of the Crown in Chancery, Certificate of the election and return of the Hon. Peter Mitchell, to represent the Electoral District of Northumberland, N. B. ADMINISTRATION OF OATHS OF OFFICE | already been made. The expenditure will MR. BILL. introduced Bill (No. 1) Respecting the Administration of Oaths of Office. Bill read the first time. SPEECH FROM THE THRONE. MR. SPEAKER reported His Excellency's Speech from the Throne, and read a copy thereof to the House, which is as follows: Honourable Gentlemen of the Senate: Gentlemen of the House of Commons: In again summoning you for the despatch of business, I am glad to be able to say that nothing beyond the ordinary business of the country requires your attendance. It afforded me great pleasure to have had an opportunity, before my departure from Canada, of visiting the Province of Manitoba and a portion of the outside Territories, which visit I accomplished during last Autumn. I have now had the advantage of visiting every Province in the Dominion during the term of my government of Canada. I am happy to be able to say that the arbitration on the Fishery claims, under the terms of the Washington Treaty, has been concluded. An award has been made by the Commission of $5,500,000 as compensation to Canada and Newfoundland for the use of their Fisheries during the term of the present Treaty. This amount is much less than that claimed by my Government, but having assented to the creation of the tribunal for the determination of their value, we are bound loyally to assent to the decision given. The exhibition of Canadian manufactures and products at Sydney, New South Wales, was successfully carried out. I trust that the result will be the opening up of a new market for Canadian goods even in so remote a region as the Australasian colonies, shipments of Canadian productions having slightly exceed the estimate, but I doubt not the cost to Canada will be amply repaid by the extension of her trade. Preparations have been uninterruptedly carried on, during the last six months, for securing an ample but select exhibition of Canada's products and manufactures at the great exhibition to be held at Paris during the current year. A further estimate will be required to meet the expenditure. His Royal Highness the Prince of Wales, as Chairman of the British Commissioners, has assigned a most prominent place to Canada in one of the main towers, where a Canadian Trophy is now being erected. A very disastrous fire occurred in June last, in the city of St. John, which caused the destruction of a large portion of the city, including all the public buildings owned by the Dominion Government. My Government deemed it necessary to contribute $20,000 to assist in relieving the immediate wants of the people who were rendered destitute by so appalling a calamity. I also sanctioned the appropriation of some public money, with which to commence the erection of new buildings for the public business, which acts you will be asked to confirm in the usual way. During last summer my Commissioners made another treaty with the Blackfeet, Blood and Piegan Indians, by which the Indian title is extinguished over a territory of 51,000 square miles west of Treaty No. 4, and south of Treaty No. 6. The treaty has been made on terms nearly the same as those under Treaty No. 6, though somewhat less onerous. The entire territory west of Lake Superior to the Rocky Mountains, and from the boundary nearly to the 55th degree of north latitude, embracing about 450,000 square miles, has now been acquired by peaceful negotiation with the native tribes, who place implicit faith in the honour and justice of the British Crown. Early in the past summer a large body of Indians, under Sitting Bull, from the United States, crossed into British territory, to escape from the United States troops, and have since remained on the Canadian side. The United States Government made a |
