1st Parliament of the Province of Canada
The First Parliament of the Province of Canada was summoned in 1841, following the union of Upper Canada and Lower Canada as the Province of Canada on February 10, 1841. The Parliament continued until dissolution in late 1844.
Parliament of the Province of Canada Parlement de la Province du Canada | |
|---|---|
| First Parliament, 1841 - 1844 | |
 | |
| Type | |
| Type | |
| Houses | Legislative Council Legislative Assembly |
Term limits | Four years, subject to earlier dissolution |
| History | |
| Founded | February 10, 1841 |
New session started | 2nd Parliament of the Province of Canada, 1844-1847 |
| Leadership | |
Lord Sydenham, 1841 Major-General John Clitherow (Deputy), 1841 Lieutenant-General Sir Richard Downes Jackson (Administrator), 1841-1842 | |
Samuel Harrison, 1841-1842 (Reform) William Henry Draper, 1842 (Upper Canada Tories) Louis-Hippolyte Lafontaine, 1842-1843 (Reform) Sir Dominick Daly, 1843 (Acting premier) William Henry Draper, 1843-1847 (Upper Canada Tories) | |
William Henry Draper, 1841-1842 (Upper Canada Tories) Charles Richard Ogden, 1842 (Chateau Clique) Robert Baldwin 1842-1843 (Reform) Denis-Benjamin Viger 1843-1846 (Groupe canadien-français) | |
Austin Cuvillier, 1841-1844 (Parti canadien) | |
| Seats | Legislative Council: 24 Legislative Assembly: 84 |
| 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 | |
| Act of Union 1840 | |
The Parliament of the Province 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 April, 1841. Canada East (formerly Lower Canada) and Canada West (formerly Upper Canada)) each had forty-two seats in the Legislative Assembly. The members of the Legislative Council, twenty-four in number, were appointed by the British Governor General, Lord Sydenham.
All sessions were held at Kingston, Canada West, with the first session of the Parliament called on June 1841. The Parliament had three annual sessions, but then was prorogued for close to a year due to a political crisis in the relations between the Legislative Assembly and the Governor General. The Parliament was dissolved in September, 1844, triggering the second general election for the Province.
In 1841, the District Councils Act was passed which established a system of local government in Canada West based on district councils. Prior to 1841, local affairs were dealt with by the District Court of Quarter Sessions.
First government and election
The Governor General, Lord Sydenham, appointed the first members to the Executive Council on February 13, 1841.[1] All of the members were anglophones, with no francophones. They were appointed as advisors to the Governor General, who continued to exercise the executive powers of the government.
The first general election for the new Legislative Assembly was held in the spring of 1841. There was no single election date. The returning officer in each electoral district chose the date for the election in their district.
The Governor General, following the policy of assimilation set out in Lord Durham's Report, drew boundaries and chose the location of polling stations in Canada East in anglophone areas, in an effort to favour voters of British stock and to make it more difficult for francophone voters to exercise their franchise.[2]
There was electoral violence during the elections. In one case, the threat of riots at the polling station forced Louis-Hippolyte Lafontaine, a proponent of responsible government, to withdraw his candidacy from the riding of Terrebonne in Canada East. In response, Robert Baldwin in Canada West, also a supporter of responsible government, proposed to his father, William Warren Baldwin, that they should assist Lafontaine's election. Baldwin senior was a candidate for a riding in the Toronto area. He withdrew his nomination to allow Lafontaine to stand for election. Lafontaine was elected.[2] This was the beginning of the Lafontaine-Baldwin alliance which ultimately led to responsible government in the Province of Canada.[3]
Candidates at this time would be loosely affiliated in early political parties, but party structure was not strong, and there were different party groups in Canada East and Canada West. The election resulted in a Legislative Assembly with no single party group with a majority.
Legislative Assembly
Members elected in the general election
The following members were elected to the Legislative Assembly from Canada East in the 1841 general election.[4][5]
Vacancies during the First Parliament
- Resigned on October 8, 1842, following appointment as Warden, Trinity House, Montreal, on July 15, 1842.[7][8]
- Resigned on being appointed Registrar of the Rimouski district, January 1, 1842.[9][10]
- Resigned September 22, 1843.[11][12]
- Seat became vacant on his appointment to the Legislative Council.[13][14]
- Resigned on being appointed District Registrar of Leinster on January 1, 1842.[15][16]
- Resigned on October 30, 1843, to protest decision to move the provincial capital from Kingston to Montreal.[17][18][19]
- Seat automatically vacated on being appointed Clerk of the Crown for the Montreal Sessions of the Peace, July 13, 1843.[20][21]
- Appointed to the District Court for Rimouski and resigned seat on January 7, 1842.[22][23]
- Appointed to the Queen's Bench, June 21, 1842.[24][25]
- Appointed Solicitor General of Canada East on September 24, 1842, triggering a ministerial by-election.[26][27]
- Resigned on August 26, 1843 after declaring bankruptcy.[28][29]
- Resigned on December 15, 1842 to allow Robert Baldwin, who had been defeated in a ministerial by-election in Canada West, to stand for election.[30][31]
- Seat became vacant on January 1, 1842, when de Salaberry was appointed Clerk of the Court, district of Richelieu, an office of profit under the Crown; defeated in the subsequent by-election.[32][33]
- Resigned on October 14, 1842 to take appointment as Clerk to the Executive Council.[34][35]
- Required to resign seat on May 28, 1842, on accepting two offices of profit under the Crown, Translator of Laws and secretary to the Commission on Seigneurial Tenure; re-elected in subsequent by-election.[36][37]
- Died in office, February 4, 1842.[38][39]
- Resigned on November 6, 1841, to allow Leslie, James to stand as a candidate.[40][41]
By-elections during the First Parliament
The following members were elected in by-elections during the First Parliament.[42]
| Riding | Members Elected in By-Elections | Party[6] | Reason for Vacancy | By-election date |
|---|---|---|---|---|
| Beauharnois | Wakefield, Edward Gibbon | Groupe Canadien-français; later Tory | Incumbent resigned following appointment as Warden, Trinity House, Montreal | November 9, 1842 |
| Bellechasse | Turgeon, Abraham | Groupe Canadien-français | Incumbent resigned following appointment as Registrar, district of Rimouski | June 6, 1842 |
| Chambly | Lacoste, Louis | Groupe Canadien-français | Incumbent resigned seat | October 23, 1843 |
| Champlain | Judah, Henry | Independent liberal | Incumbent appointed to Legislative Council | September 22, 1843 |
| Leinster | De Witt, Jacob | Groupe Canadien-français | Incumbent resigned to take appointment as District Registrar of Leinster | August 8, 1842 |
| Montreal | Beaubien, Pierre | Groupe Canadien-français | Incumbent resigned to protest movement of provincial capital from Kingston to Montreal | November 22, 1843 |
| Montreal County | Jobin, André | Groupe Canadien-français and Reformer | Seat vacated when incumbent appointed Clerk of the Crown, Montreal Sessions of the Peace, a civil service position | October 26, 1843 |
| Nicolet | Viger, Louis-Michel | Groupe Canadien-français | Incumbent appointed to the bench | February 15, 1842 |
| Ottawa County | Papineau, Denis-Benjamin | Groupe Canadien-français | Incumbent appointed to the bench | August 17, 1842 |
| Quebec City | Chabot, Jean | Groupe Canadien-français | Incumbent resigned on bankruptcy. | September 18, 1843 |
| Rimouski | Baldwin, Robert | Reformer | Incumbent resigned to allow Baldwin to stand for election | January 30, 1843 |
| Rouville (1842) |
Walker, William | Anti-unionist; Tory | Incumbent accepted office of profit under the Crown | July 7, 1842 |
| Rouville (1843) |
Franchère, Timothée | Groupe Canadien-français | Incumbent resigned due to ill-health | September 25, 1843 |
| Saguenay | Morin, Augustine-Norbert | Groupe Canadien-français | Incumbent resigned to take government position | November 28, 1842 |
| Saint Maurice | Turcotte, Joseph-Édouard | Anti-unionist | Required to resign seat on accepting two offices of profit under the Crown; re-elected in by-election | July 8, 1842 |
| Two Mountains | Forbes, Charles John | Tory | Death of incumbent | April 18, 1842 |
| Verchères | James Leslie | Anti-union; Reformer | Resignation of incumbent to allow Leslie to stand for election | December 28, 1841 |
Members elected in the general election
The following members were elected to the Legislative Assembly from Canada West in the 1841 general election.[4][5]
Vacancies during the First Parliament
- Vacated seat September 16, 1842, on being appointed Attorney General for Canada West, an office of profit under the Crown. Defeated in the subsequent by-election in Hastings. Elected in by-election in Rimouski riding, Canada East, January 1843.[44]
- Vacated seat on June 14, 1841, on being appointed Collector of Customs for Toronto, an office of profit under the Crown.[48]
By-elections during the First Parliament
The following members were elected in by-elections during the First Parliament.[42]
| Riding | Members Elected in By-Elections | Party[43] | Reason for Vacancy | By-election date |
|---|---|---|---|---|
| Hastings | Murney, Edmund | Tory | Incumbent vacated seat by accepting appointment to Executive Council, an office of profit under the Crown | November 4, 1843 |
| Kingston | Harrison, Samuel Bealey | Reformer | Incumbent vacated seat by accepting appointment as Collector of Customs for Toronto, an office of profit under the Crown | July 1, 1841 |
References
- J.O. Côté, Political Appointments and Elections in the Province of Canada, 1841 to 1860 (Quebec: St. Michel and Darveau, 1860), p. 12.
- CBC: 1841 - The First Election after the Act of Union.
- James H. Marsh, "Editorial: Baldwin, LaFontaine and Responsible Government", Canadian Encyclopedia, January 24, 2012.
- "Return of the names of the Members chosen to serve in the Legislative Assembly of Canada", Office of the Clerk of the Crown in Chancery, Kingston, 14th. June, 1841, Journals of the Legislative Assembly of the Province of Canada, 1st Parliament, 1st Session, 1841, pp. xi–xii.
- Côté, Political Appointments and Elections, pp. 43-45: "First Parliament. 8th April 1841 to 23rd September 1844".
- For party affiliation, see biographies of individual members: Québec Dictionary of Parliamentary Biography, from 1764 to the present.
- National Assembly of Quebec: John William Dunscomb.
- Côté, Political Appointments and Elections, p. 59, note (1).
- National Assembly of Quebec: Augustin-Guillaume Ruel.
- Côté, Political Appointments and Elections, p. 59, note (3).
- National Assembly of Quebec: John Yule.
- Côté, Political Appointments and Elections, p. 59, note (5).
- National Assembly of Quebec: René-Joseph Kimber.
- Côté, Political Appointments and Elections, p. 59, note (7).
- National Assembly of Quebec: Jean-Moïse Raymond.
- Côté, Political Appointments and Elections, p. 59, note (16).
- National Assembly of Quebec: George Moffatt.
- Dictionary of Canadian Biography: "Moffatt, George".
- Côté, Political Appointments and Elections, p. 59, note (20).
- National Assembly of Quebec: Alexandre-Maurice Delisle.
- Côté, Political Appointments and Elections, p. 59, note (22).
- National Assembly of Quebec: Augustin-Norbert Morin.
- Côté, Political Appointments and Elections, p. 59, note (26).
- National Assembly of Quebec: Charles Dewey Day.
- Côté, Political Appointments and Elections, p. 59, note (29).
- National Assembly of Quebec: Thomas Cushing Aylwin.
- Côté, Political Appointments and Elections, p. 59, note (32).
- Côté, Political Appointments and Elections, p. 59, note (33).
- "Burnet, David", Dictionary of Canadian Biography.
- National Assembly of Quebec: Michel Borne
- Côté, Political Appointments and Elections, p. 59, note (36).
- National Assembly of Quebec: Melchior-Alphonse d'Irumberry de Salaberry
- Côté, Political Appointments and Elections, p. 59, note (38).
- National Assembly of Quebec: Étienne Parent
- Côté, Political Appointments and Elections, p. 59, note (43).
- National Assembly of Quebec: Joseph-Édouard Turcotte
- Côté, Political Appointments and Elections, p. 59, note (45).
- National Assembly of Quebec: Colin Robertson.
- Côté, Political Appointments and Elections, p. 59, note (48).
- Côté, Political Appointments and Elections, p. 60, note (50).
- National Assembly of Quebec: Henri Desrivières.
- Côté, Political Appointments and Elections, pp. 43-45, 59-60.
- For party affiliations, see Paul G. Cornell, Alignment of Political Groups in Canada, 1841–67 (Toronto: University of Toronto Press, 1962; reprinted in paperback 2015), pp. 93–111.
- Côté, Political Appointments and Elections, p. 59 note (10).
- James McGill Strachan was originally declared the winner of the seat, but the election was overturned for irregularities and Dunlop was declared the winner of the election: Journals of the Legislative Assembly of the Province of Canada, 1st Parliament, 1st Session, 1841, p. 387.
- Côté, Political Appointments and Elections, pp. 44, 59 note (12).
- Anette Stewart, "The 1841 election of Dr. William Dunlop as member of parliament for Huron County", Ontario History, XXXIX (1947), 51–62.
- Côté, Political Appointments and Elections, p. 59, note (14).
- resigned his seat in 1843; Lawrence Lawrason was elected in a January 1844 by-election.
- election declared invalid. Edward C. Campbell was appointed judge. Henry John Boulton was elected in a September 1842 by-election
- appointed to the Legislative Council; William Stewart was elected in a by-election held in 1843.
- resigned in 1843 and was replaced by Henry Sherwood in a by-election held in March 1843.
- Robert Baldwin was elected in both Hastings and 4th York; Louis Hippolyte LaFontaine was elected in a by-election in 4th York.
Bibliography
- Upper Canadian politics in the 1850s, Underhill (and others), University of Toronto Press (1967)
- Yeigh, Frank (1893). Ontario's parliament buildings ; or, A century of legislation, 1792-1892 : a historical sketch. Toronto, Ontario: Williamson Book Co. ISBN 5518554680.