Assembly Chamber, Upper Fort Garry
Saturday, 7 May 1870
The President took the chair at four o'clock P.M.
Minutes having been read and confirmed and routine business transacted,
Hon. Mr. O'Donoghue, seconded by
Hon. Mr. De Lorme,
moved — That all laws heretofore in force be repealed, on the 20th inst., and that
the
laws passed during the present session by the President and the Legislative Assembly
of
Assiniboia shall come into force on and after the 20th day of May next.
Hon. Mr. Tait, seconded by
Hon. J. Sinclair, moved in
amendment that the following be added to the motion — The first General Quarterly
Court
shall be held on the second Tuesday in June next, instead of the usual time this month.—
Withdrawn.
Hon. Mr. O'Donoghue's motion carried.
Hon. Mr. Tait then moved a resolution providing for a sitting of the General
Quarterly Court on the second Tuesday in June next — Carried.
Hon. Mr. O'Donoghue, seconded by
Hon. Mr. Bannatyne, moved — That no action for the recovery of debt be brought before the August term
of the Supreme Court. Those who have not been in the Settlement since the first day
of November 1869, and those who may be preparing to leave the Settlement without satisfying
their creditors, as provided for in the seventeenth Article under the heading "Administration
of Justice," do not come under this law.
Hon. Mr. Tait, seconded by
Hon. J. Sinclair, moved in amendment that in all cases of debt, where the debtor is able to pay, this
law shall not apply.
Amendment lost on a division:— Yeas 4; nays 16 — Motion carried.
The House having resolved that Mr. W. Coldwell be paid the sum of fourteen pounds
for reporting on the last Convention, and requested the Treasurer to pay the same,
a Recess of half an hour was taken.
Business having been resumed,
The President formally approved of the Laws, and the blanks in the heading
were filled up so as to show that the Laws were passed on the seventh day of May,
1870.
On motion of
Hon. Mr. Bunn, seconded by
Hon. Mr.
Poitras, the House went into committee of the whole to consider the
nomination of magistrates and other public officials.
The President — A law has been already passed, providing that, unless in
certain unavoidable cases, all the old public officers shall be continued in office.
Hon. Mr. Bunn — I held office as a J.P. but cannot accept office under the
present arrangement, for reasons I have already pointed out in relation to the
jurisdiction of the Supreme Court.
After debate, in the course of which the hope was expressed that the hon. member would
not resign his position of J.P.,
Hon. Mr. O'Donoghue suggested that the magistrates for the several districts
should be named by the members present. In case the offices in any district were vacated
by death or otherwise, or the holder were clearly disqualified, it would be for members
to suggest some to fill the vacancies.
Hon. Dr. Bird — Is it necessary that District Magistrates should reside in the district for which
they are appointed?
After [this] debate,
Lists were prepared for the several districts except Manitoba, which district was
left to the arrangement of Hon. Mr. McKay. The lists contained the names of those
most eligible, and were as follows:—
Fort Garry District
J.P.s — Roger Goulet, R. McBeath, Hon. J. McKay.
Magistrates — Pierre De Lorme, Hon. John Bruce, Hon. A.G.B. Bannatyne, President of
the District
Court; B. Morin, A. Fidler, John Fraser.
White Horse Plains District
J.P. — Magnus Birston.
Magistrates — Hon. J. McKay, President of Manitoba District Court; D. Spence, [Charles
Ademar] Barron, Patrice Breland, R. Morgan, Hon. W. Tait, President White Horse Plains
District Court.
St. Andrew's District
J.P. — Donald Gunn, Senr.
Magistrates — Thomas Sinclair, Charles Begg, John Tait, Alexander McBeath.
Portage La Prairie
J.P. — Charles Curtis.
Magistrates — David Spence, and Hon. John Norquay, Junr.
Hon. Mr. Touron proposed that Mr. Norbert Laronce of the parish of St. Norbert, be added to the list
of magistrates.
The President said that if each parish were to be represented, perhaps the magistrates might be
too numerous. — Dropped.
The lists having been submitted to the House, were approved of, and passed.
The President, addressing the House,— It occurs to me that before we close, something may yet be
done. We are here twenty-eight representatives of the people, but at the same time
we feel in some manner that we are alone. In some respects the people still look to
those who had been their leaders up to last Fall,— those composing the old Government;
and it might be well if men such as these had an opportunity of joining in the administration
of affairs. With this object in view the Executive thought of suggesting that a Senate
should after this form a part of the Legislative authority. Senate is, of course,
but a name, and the power it would have could be used well or ill, as other things.
The names of those composing it would, of course, be the best guarantee we could offer
for the feasibility and utility of the proposition.
Hon. Mr. Bunn read the minutes of an Executive Council meeting from which it appeared that on the
7th inst. that body resolved that it was expedient to form a Senate, in accordance
with a resolution passed in the recent Convention of English and French representatives,
which was to the effect that whenever the Legislative Assembly felt it to be expedient,
another Chamber should be formed — making the Legislature consist of two Houses. It
was also resolved by the Executive that the following names should be submitted to
the Assembly of those eligible to the Senate:— Right Reverend Bishop Taché, Right
Reverend Bishop Machray, the Representative of the Hudson Bay Company in this country,
Mr. Salomon Amlin, Mr. Roger Goulet, Mr. Andrew McDermott, senr., Mr. Patrice Breland,
Mr. John Sutherland, Mr. McKenzie of Portage La Prairie, and either Mr. Truthwaite
or Captain Kennedy.
Hon. Mr. O'Donoghue stated that a further resolution of the Executive Council was to the effect that
the Senate should be composed of ten members, appointed for two years each — that
the two bishops and their successors should be members for life,— and that in the
absence of either bishop he might depute a person to act for him in the Senate.
The President said — This is merely a proposition submitted, and this session I do not see that
hon. members, who are anxious to return home, can fairly be asked to do more than
pronounce on the question as to whether there shall be a Senate or not. Should the
division be in the affirmative, details can be fixed next session. It is too important
a question perhaps to take up in detail at present.
After debate,
This individual participated in:
