Section II., 1896. [ 141 1 Trans. E. S. C. 



VIII. — Some Contributions to Canadian Constitutional History. 



I. The Constitution of the Legislative Council or Nova Scotia. 



By J. G. BouRiNOT, C.M.G., LL.D., D.C.L., Lit.D. (Laval). 

 (Read May 20th, 1890.) 



I. Introduction. 



I propose in this paper to give an historieai review of the origin and 

 development of the oldest legislative body of Canada, the Legislative 

 Council or upper house of the legislature of the province of Nova Scotia, 

 and to show the legal and constitutional conditions under which its mem- 

 bers hold their offices. The subject is one of considerable interest and 

 importance on account of the agitation that has been going on for some 

 years in the province for the abolition of this branch of the legislative 

 power, and of the differences of opinion that have arisen as to the exact 

 nature of the tenure of the office of councillor and its rights and privileges 

 under the commission from the Crown. 



II. Cession of Nova Scotia to England. 



By the twelfth article of the Treat}' of Utrecht,' which was signed 

 by France in 1713, she ceded to England the jDrovince of Nova Scotia, 

 which had been previously known as a ijortion of the ill-defined French 

 dominion of Acadie. From that day to this Nova Scotia has remained 

 a province of the British Empire. The island of Cape Breton did not, 

 however, become a possession of England in 1713. It finally became an 

 English colony by the Treaty of Paris in 17(33,- when all the countries 

 that now form the Dominion of Canada were formally transferred to 

 England. 



III. Government, 1713-1749. 



For a few years the Government of Nova Scotia was vested solely in 

 a governor, who had command of the garrison stationed at the fort of 

 Annapolis, known as Port Eoyal in the days of the French regime.^ In 

 1719 a commission was issued to Governor Phillips, who was authoinzed 

 to appoint a council of not less than twelve persons, all of whom held 

 office during pleasure. As there were few English families in the pro- 

 vince and French Acadians were the sole inhabitants of the cultivated 



1 Houston's " Constitutional Documents," p. 4. • 



- See Houston, p. 01. 



• Murdoch's "History of Nova Scotia," I., p. 0.56-363. 



