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HOUSE OF COMMONS OF CANADA
FIFTH SESSION OF THE THIRD PARLIAMENT OF THE DOMINION OF CANADA,
APPOINTED TO MEET FOR THE DESPATCH OF BUSINESS is on FEBRUARY, 1879, IN THE FORTY-FIRST YEAR OF THE REIGN OF
HER MAJESTY QUEEN VICTORIA.
HOUSE OF COMMONS. I have the honour to inform the House that
I have received from the Clerk of the Crown Thursday, ith Feb., 1878. in Chancery copies of warrants showing
vacancies which have occurred in the repreThe Parliament which had been pro-sentation, namely: rogued successively from the twenty- Of the Hon. TIMOTHY WARREN ANGLIN, eighth day of April, 1877, and thence Speaker of the House and Member for the from time to time to the seventh day Electoral District of Gloucester, by resignaof February, 1878, met this day for the tion of WILFRID LAURIER, Esq., Member despatch of business.
for the Electoral District of Drurumond and The Members of the House being Minister of Inland Revenue; of the Hon.
Arthabaska, by acceptance of the office of assembled,
JOSEPH EDOUARD CAUCHON, Member for the A Message was delivered by the Gen- Electoral District of Quebec Centre, by actleman Usher of the Black Rod :
ceptance of the office of Lieut.-Governor of
the Province of Manitoba ; of the Hon. IsiGESTLEMEN,
DORE THIBAUDEAU, Member for the Electoral
District of Quebec East, by resignation. Sir William Buell Richards, Knight, De
SIR JOHN A. MACDONALD: Mr. puty Governor, desires the immediate attendance of this Honourable House in the Senate Patrick, I conceive that you cannot, Chamber.
as Clerk of the House, undertake to Accordingly, the House went up to perform the duty of Speaker, and to the Senate, when the Speaker of the make these announcements. I object Senate said:
to your doing so. Your only duty is,
if any member speaks, to point to him IIonorable Gentlemen of the Senate, and
and mention his name. Gentlemen of the House of Commons:
The Clerk proceeded to announce Sir William Buell Richards, Knight, De- the vacancies : puty Governor, does not see fit to declare the causes of summoning the present Parliament
Of JOSEPI GALDET, Esq., Member for the of the Dominion of Canada, until the Speaker of GEORGE MOFFATT, Esq., Member for the
Electoral District of Nicolet, by resignation; of the House of Commons shall have been chosen according to law, but to-morrow at
Electoral District of Restigouche, by resignihree o'clock in the afternoon, the causes of
ation; of the Hon. WILLIAM B. VAIL, Mem. calling this Parliament will be declared.
ber for the Electoral District of Digby, by resignation;
of ALFRED G. Joxes., Esq.,
Member for the Electoral District of Halifax, VACANCIES.
by resignation ;
of the Hon. PETER And the Members being returned,
MITCHELL, Member for the Electoral District The Clerk of the House, standing on and of JAMES CGNNINGHAM, Esq., Member
of Northumberland, N.B., by resignation ; the lower step below the Speaker's for the Electoral District of New WestChair, said:
minster, by resignation.
ELECTION OF NEW MEJBERS.
" That the Honourable Timothy Warren The Clerk also announced that he had Anglin do take the Chair of this House as
Speaker.” received from the Clerk of the Crown in I need only say, in making that motion, Chancery, certificates of the election that I believe I am expressing the and return of the following Members, opinions of the entire House when I
say that that hon. gentleman gave the Of the Hon. TIMOTHY WARREN ANGLIX, most entire satisfaction when he occu. for the Electoral District of Gloucester ; of pied the chair of this House, and that JOSEPH MERRILL CURRIER, Esq., for the I think I am consulting the general Electoral District of the City of Ottawa jot interests in making the motion I now JAMES NORRIS, Esq., for the Electoral District of the County of Lincoln ; of ZEPHIRIN place in your hands. DÉSIRÉ alias OLIVIER DÉSIRÉ BOURBEAU, SIR JOHN A. MACDONALD: I Esq., for the Electoral District of Drummond regret very much that tho hon. genand Arthabaska: of Jacques Malouin, Esq.: tleman opposite has made this motion. for the Electoral District of Quebec Centre; of the Hon. Wilfrid Laurier, for the Elec- I regret it on public grounds. I regret toral District of Quebec East í of E'RANÇOIS that, under the circumstances wbich XAVIER OTIDE MÉTHOT, Esq., for the Elec- we all know as members of this House toral District of Nicolet
; of GEORGE HADDOW —except, perhaps, the new members— Esq., for the Electoral District of Resti
this motion was made, especially by gouche; of Joux C. WADE Esq., for the
the head of tho Government and the Electoral District of Digby; and of the Hon. ALFRED G. Jones, for the Électoral District head of this House. . The Speaker, of Halifax.
Mr. Clerk, is chosen to sit judicially between the parties. He is to free
himself from all political connection, The following Members having pre- the wise rule and practice in England
and therefore the rule in Englandviously taken the oath according to law, and subscribed the roll containing -has been, although unfortunately
we have not introduced it into this the same, took their seats in the House, viz. :
of Hon. Timothy WARREN ANGLIN, Member | not following English precedent, for the Electoral District of Gloucester ; that the Speaker is not to be nominated ZEPHIRIN DÉSIRÉ alias OLIVIER DÉSIRÉ BOURBeau, Esq., Member for the Electoral District by a member of the Government. This of Drummond and Arthabaska ; JOSEPH MER- practice has not been introduced here, RILL CURRIER, Esq., Member for the Elec- where the rule has always been toral District of the City of Ottawa; GEORGE that the Speaker has been proposed HADDOW, Esq., Member for the Electoral by the Government and considered District of Restigouche; Hon. ALFRED G.
as a Government candidate. We now Jones, Member for the Electoral District of Halifax; Hon. WILFRID LAURIER, Menıber see, in this case, the wisdom of for the Electoral District of Quebec East; the English rule and the impolicy of JACQUES MALOUIN, Esq., Member for the our having departed from it. I think Electoral District of Quebec Centre; it would have been well if the GovernFRANCOIS XAVIER OvidE MÉTAOT, Esq., ment under the circumstances-having Member for the Electoral District of Nicolet: felt it their duty to support the motion, James Norris, Esq., Member for the Electoral District of the County of Lincoln; and if not themselves to call for the motion, John C. WADE, Esq., Member for the Elec- by which a vacancy took place in the toral District of Digby.
county of Gloucester, had not made the Flon. PETER MITCHELL having presented the present proposition—but had left the duplicate of the indenture of his election for
House to deal with it. I shall call the the Electoral District of Northumberland, attention of this assembly, for it is taken the oath according to law, and sub scarcely yet to be alled a House, to a scribed the roll containing the same, took Parliamentary rule, or a question of bis seat in the House.
constitutional practice as to whether
the members now sitting here have the ELECTION OF SPEAKER.
power to elect Mr. Anglin. I shall MR. MACKENZIE: Mr. Patrick, I try to speak in a judicial spirit, because beg to move, Sir, seconded by Mr. A. it is not of so much importance that J. Smith,
individual member should be
clected Speaker, as it is that the prac- | ing assembly instead of House, I tice and rules and law of Parliament think it will be found that, in the time should be observed. If this had been when the privileges of Parliament were the first Session of a Parliament, and perhaps more looked at, and more if, as was the case in the first Session carefully scanned than at any other of this Parliament, the majority or time-during the existence of the Long at least a large number of the mem- Parliament and the protectorate of bers were new to
to Parliament, and Oliver Cromwell—that a case arose there might be a difficulty in choosing when the House declared that, the a member to be Speaker who had suf- Speaker being absent from illness, they ficient Parliamentary experience, then
mere assembly, and they thero might be a reason for selecting a entered on the records that, divers man who had experience of the practice members of the House having met in of Parliament. But this is the last, or, assembly, and no Speaker being there, at all events, the fifth Session of this they could not even more an adjournParliament, and those who have been ment, but ex necessitate they dispersed. here before have had sufficient training They came again next day, and a during four Sessions to be able to fill member was desirous of leaving to the office of Speaker creditably. There attend a lawsuit, which, as he said, was fore, there was no necessity for this of the greatest possible consequence motion being made by the hon. gentle- to the State, and in those days no man man. He might have found in the could leave without the special perranks of the House, and in the ranks | mission of the House. The members of thoso who accord him their confi said that by connivance they might dence, many gentlemen who might allow him to go, but that without their have filled the office as creditably as Mouth they could not even give him the late Speaker, against whom I do leave of absence. And, Sir, we have not wish to say anything in his cha- a rule, the 120th Rule, I think, of our racter of Speaker. I think, therefore, House, which says:it is unfortunate that the motion
"In all un provided cases, the rules,usages should have been made, and the hon. and forms of the House of Commons of the gentleman must know that it is rather
is rather United Kingdom of Great Britain and Irestraining thu rules of Parliament to land, shall be followed." take this course. It is setting a prece- This is an unprovided case, and the dent, setting aside the old rules of rule, the practice of the Parliament of Parliament and the precedents which England, the Commons of England, have been established by the wisdom must be followed. Now, what is the of centuries, simply because the hon- rule of the Parliament and House of gentleman prefers one particular in- Commons of England that dividual over all the members of this established years ago ? On the 23rd House. If there
there were other of February, 1688, it was resolved that person fit for the duties, or as fit the ancient order be observed, that upfor the duties, there might be some new members coming into the justification or excuse for the motion. House, they be introduced to the Table But, Sir, I contend that we, the mem- between two members, making their bers here, are but a crowd until obeisances as they come up, that they we have, as the old phrase was, may be better known to the House. the mouth of Parliament. Until That rule was in 1688 resolved upon,
have a Speaker, we are but and repeated the ancient rule, as it is an assemblage of members of Par- expressed, that whenever new members liament, meeting in the hope were introduced, they should come and belief that, in accordance with into the House and be introduced to the summons of the Crown, we will the Chamber between two members. bo constituted a House. We are not We cannot set aside that rule. The a House as yet. We must proceed ac- House of Commons of this country, as cording to the rules of Parliament. the House of Commons in England, is We cannot suspend the rules of this to a very great extent master of House, or rather of this assembly, its own rules; with the Speaker in which will be a House ; and, in say- | the Chair, it can, upon due notice
being given, alter any of its rules, or, name, because his name is mentioned by unanimous consent, set aside its in the motion-is either a new memown rules, and without such unanimous ber or an old member. That is quite consent, even when the House is fully clear. If he be a new member, he constituted, it cannot set aside those must be introduced between two memrules. But here we are no House ; we bers, under this rule, before he can cannot suspend any rules; we must
we must take his seat in this House; and if he carry out the practice of Parliament; | is not a member of this House, the we are obliged to carry out the practice practice in Parliament goes to show of Parliament; and any act we take that he cannot be elected Speaker. But which is not in accordance with the he is not a new member, he is an old Act of Parliament is illegal and invalid. member. Then I would call the attenThe rule is, therefore, upon new mem- tion of the House to the 45th clause of bers conting into the House, that they the British North America Act, which be introduced to the table between two provides that in case of a vacancy members, making their obeisances happening in this office of Speaker, as they come up, in order that they by death, by resignation or othermay be better known to the House. wise, the
Commons It was, I have no doubt it will be men shall, with all practicable speed, tioned-stated, perhaps, that we have proceed to elect another of its sct aside that rule in this House and members to be Speaker. If he is a allowed members to take their seats new member be must be introduced, without being introduced to the Table. and until introduced he cannot be You all can remember, or those who elected as Speaker; if he is an old were in the House during the last two or member, and, by death, by resignation three Sessions, the course of our practice or otherwise, his seat is vacated, anin that respect; and I say that there are other member must be elected by the cases in which the House of Commons express words of the clause I have could, by unanimous consent, suspend mentioned. There is no way of getthe rule. We have had that power, ting over that. There is the law of but we cannot now make a new rule. the land; you may discuss what was We cannot now suspend the rule. We the actuating cause which induced the must now carry out the rules of Par- Parliament of Great Britain and Ire. liament as we left them at the end of land, of the United Kingdom, to pass last Session. Had we a Speaker, and this clause ; but there is the law, that had any of the numerous gentlemen in case of vacancy by death, by resigwho were elected since last Session, by nation or otherwise, such a course the unanimous consent of the House must be taken. Well, this vacancy taken their seats, then, of course, the is not occasioned by death, I am glad rule is not altered, but it is dispensed to say, for the sake of us all; it is not with for the occasion, by the unani- occasioned by resignation of the mity which so often enables Parlia- | Speakership; but it has been occament to set aside a rule without repeal- sioned otherwise, by resignation of ing it. Such a rule is not repealed. the seat, which
the seat, which involved the loss It still exists, and as long as it exists it of the Speakership. It comes unmust be the only governing principle, der the third of the instances in and the only governing principle which in which there is a vacancy, and when is to be used at this moment. It may the House is to elect another of its be said, Mr. Clerk, that this rule does members Speaker. Now, by no possinot apply to the hon. member for ble argument can another of its memGloucester who is now proposed for bers be made to mean the same memSpeaker, and that as to the rule res- ber. If a new member, he cannot be pecting new members coming into the elected in his absence; he cannot House and being introduced to the take his seat until introduced; and, Table, he is not a new member, that therefore, under that clause, under the the House knows him, that he cannot rule of 1688, he cannot take his seat; be better known than he has been, and, while, if an old member, and if that therefore, that this rule does not apply rule does not apply to him, then to him. Well, Mr. Anglin-I may use his | another member, and not the same