Hon. Sir John A. Macdonald ―I rise, sir
with the consent of the House, to submit the result of our deliberations for the framing
of a constitution for the country heretofore known as Rupert's Land and the North-West
Territory. In moving for leave to introduce this Bill, of which I have given notice,
I may premise by stating that there has been a discussion going on as to whether we
should have a Territory or a Province, The answer we made on behlaf of the Canadian
Government was that such a thing as a Territory was not known to the British colonial
system, that the expression was not recognized, that the expression was Colony or
Province, and that we thought it would be better to adhere to the old and well known
form of expression―well know to us as Colonists of the Empire―and not bring a new
description into our statute book. It was not, of course, a matter of any serious
importance whether the country was called a Province or Territory. We have Provinces
of all sizes, shapes and constitutions; there are very few Colonies with precisely
the same constitution in all particulars, that there could not be anything determined
by the use of the word. Then the next question discussed was the name of the Province.
It was thought that was a matter of taste and should be considered with reference
to euphony and with reference also as much as possible to the remembrance of the original
inhabitants of that vast country. Fortunately the Indian languages of that section
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of the country give us a choice of euphonious
names and it is considered proper that the
Province which is to be organized, shall be
called Manitoba. The name Assiniboia, by
which it has hitherto been called, is considered
to be rather too long, involving confusion, too,
between the river Assiniboine and the Province Assiniboia. I suppose, therefore, there
will
be no objection to the name that has been fixed
upon, which is euphonious enough in itself,
and is an old Indian name, meaning "The God
who speaks—the speaking God." There is a
fine lake there called Lake Manitoba, which
forms the western boundary of the Province. A
subject of very great importance, which
engaged much of our consideration, was the
settlement of the boundaries of the Province
we are organizing. It is obvious that that vast
country could not be formed into one Province.
It is obvious that the Dominion Government
and the Dominion Parliament must retain, for
Dominion purposes, the vast section of that
country, which is altogether or nearly without
inhabitants, and that the Province must be
confined to the more settled country that now
exists. We found happily that there was no
great difficulty in regard to this matter, that
there was no discussion upon the subject, and I
may read a description of the boundaries that
have been settled upon. "The region which is to
form the new Province of Manitoba commences at a point on the frontier of the United
States Territory, 96 degrees West of Greenwich, and extends to a point 98 degrees
and 15
minutes West, being bounded on the South by
49th parallel of latitude, and on the North by
latitude 50 degrees and 30 minutes." He here
placed a map on the table showing the boundaries of the new Province and the members
gathered round to examine it.
Hon. Sir John A. Macdonald—No. It simply
provides that the Lieutenant Governor of
Manitoba shall be Governor of the remaining
portion of the Territory under directions of
Orders in Council, and action upon separate
commission issued under the Great Seal. In
settling the Constitution of the Province the
question of how far representative institutions
should be properly conferred at this time has
been fully discussed. The House knows that
this subject was discussed last summer by the
press in all parts of Canada, and that there was
a good deal of objection that the Bill of last
Session, provisional as it was, and intended to
last only a few months, did not provide representative institutions for the people
of that
Territory. That Bill provided that the Lieutenant Governor should have an Executive
Council, and that that Council should have power to
make laws, subject, of course, to the veto
power, the paramount power of the Governor
General here. It was passed simply for the
purpose of having something like an organization ready, something like the rudiments
of a
Government, from the time the Territory was
admitted into the Dominion, it being understood that the Act should continue in force
only until the end of the present session of
Parliament. On the introduction of that Bill by
the Government, it was received in that particular, and I think in every particular,
with
the almost unanimous sanction and approval of
Parliament. The Government felt they were
not in a position from acquaintance with the
circumstances of the country and wants of its
people, to settle anything like a fixed constitution upon the Territory. They thought
it, therefore, better that they should merely pass a
temporary Act to last for a few months providing for the appointment of a Lieutenant
Governor, for which office my hon. friend from
North Lanark was selected, who, when he
arrived upon the spot, would have an opportunity of reporting upon the requirements
of the
country, and after discussing the matter with
the principal men of the settlement, to suggest
what kind of institutions were best suited to
those requirements. Unfortunately no opportunity was offered for entering into that
discussion or getting that information. One result,
however, of the enquiry that was instituted in
this country, was to pour a flood of light upon
the Territory, and I have no doubt every hon.
member of this House has taken advantage of
1300 COMMONS DEBATES May 2, 1870
it so as to enable him, with a greater degree of
certainty, to approach the subject of what the
Constitution ought to be. Besides that we have
discussed the proposed Constitution with such
persons who have been in the North-West as
we have had an opportunity of meeting, and
the result has been as I will shortly describe. In
the first place, as regards the representation of
the Province of Manitoba in the Dominion Parliament, the proposition of the Government
is
that the people of the Province shall be represented in the Senate by two members
until the
Province shall have a population at a decennial
census of 50,000. From thenceforth the people
there shall have representation in the Senate
of three members; and subsequently, when the
population shall amount to 75,000, they shall
have representation of four members. That will
give them the same representation in the upper
House of the Dominion Legislature as has been
proposed for Prince Edward's Island, and
agreed to by the representatives of that Province at the Quebec conference—Prince
Edward's Island being the smallest of the
Provinces, having a population of about 85,000.
The Bill does not provide for any increase of
numbers beyond four. It is not likely that, in
our day at any rate, the Province will have a
population which will entitle it to more. With
respect to its representation in the House of
Commons, it is proposed that it shall have four
members in this House—the Governor General
having, for that purpose, power to separate and
divide the whole of the Province into four
electoral districts, each containing as nearly as
possible an equal number of the present community of settlers. The executive power
of the
Province will, of course, as in all the other
Provinces of the Dominion, be vested in a Lieutenant Governor, who shall be appointed
like
the other Lieutenant Governors, by Commission from the Governor General, under the
Great Seal of the Dominion. He shall have an
Executive Council, which shall be composed of
seven persons, holding such offices as the Lieutenant Governor shall, from time to
time, think
fit, and, in the first instance, shall not exceed
five in number. The meetings of the Legislature until otherwise ordered by the Legislature
itself, shall be held at Fort Garry, or within a
mile of it. With respect to the Legislative body,
there was considerable difficulty and long discussion whether it should consist of
one chamber or two; whether, if one chamber, it should
be composed of the representatives of the
people and of persons appointed by the Crown,
or Local Government, or whether they should
be severed and the two chambers constituted—
all these questions were fully discussed. After
mature consideration, it was agreed that there
should be two chambers. I see my hon. friend
(Hon. Mr. McDougall) laughs, but, being a true
1301
liberal, he will not object to the people having
a voice in the settlement of their own Constitution and to determine whether they
shall have one or two chambers or even three if it suits their purpose to have them.
It is proposed then to have two chambers, but the Legislative Council is not a very
formidable one. It is to be composed in the first place of seven members. After the
expiration of four years it may be increased to twelve, but not more than that number.
The object of making that provision is this, that we could not well have a smaller
Legislative body than seven; and yet it might be well that the Government of the day—the
Lieutenant Governor having a responsible Ministry—have the power of meeting the difficulty
arising from a possible deadlock between the two chambers—the Legislative Assembly
and the Legislative Council. It is therefore proposed that after the end of the first
four years—after the first Parliament of the Province, the Lieutenant Governor may
if he thinks proper upon the advice of his Executive Council, who have the confidence
of the people and of their representatives, increase the number up to twelve. The
Legislative Assembly shall be composed of a body of twenty-four members—the Lieutenant
Governor dividing the Province for that purpose into twenty-four Electoral Districts
having due regard to the various communities into which the settlement is at present
divided. All these clauses and stipulations are, of course, subject to alterations
by the people themselves, except so far as they relate to the appointment of the Lieutenant
Governor, which, of course, rests upon the same authority as in the other Provinces
of the Dominion. In all other respects they may alter their Constitutions as they
please. It is provided in the Bill that all the clauses of the British North America
Act, excepting as altered by the Bill itself, or excepting those clauses which apply
only to one or two Provinces, and not to the whole of the Provinces, shall apply to
the new Province. The Bill contains various other clauses with which I will not now
trouble the House because they refer to matters of no great interest, except as they
are requisite to carry on the machinery of the Executive and Legislative bodies. Until
the Legislature otherwise provides, the qualification of voters for members both of
the House of Commons and Local Legislatures shall be the same as provided by the Confederation
Act for the District of Algoma. I think the House will agree with me that no other
qualification can be provided. The clause runs that every British subject who has
attained the age of 21 years, and who is and has been a householder for one year,
shall have a right to vote. The duration of the Legislative Assembly shall be four
years, as in the other Provinces.
