[riddell] BRITISH NORTH AMERICA ACT, 1867 83 



Canada, 2. Lower Canada, 3. Nova Scotia, New Brunswick and Prince 

 Edward Island — these three Divisions to have an equal representation 

 of 24 each, and to the Island of Newfoundland additional representa- 

 tion was to be allotted : but much difference of opinion arose as to the 

 manner of selecting them. Some were in favour of electing the 

 members, some of allowing each Division to choose its own method; 

 but at length all agreed that the Members of the first Upper 

 Chamber should "be appointed by the Crown at the recommendation 

 of the Federal Executive Government upon the nomination of the 

 respective Local Governments, due regard being had to the claims 

 of . . the opposition in each Province so that all political parties 

 be as nearly as possible equally represented"- — and to be nominated 

 from the existing Legislative Councils if possible.^ 



Prince Edward Island withdrew and Nova Scotia and New Bruns- 

 wick took the 24 Senators allotted to the Maritime Division, 12 to each. 

 The first draft of the bill proposed to name the members, but the third 

 and subsequent drafts left it open to appoint any person. An under- 

 standing, however, had been reached as to who should be appointed. 



The Legislative Councils in Upper and Lower Canada had been 

 appointive as the Council was in United Canada till the Act of 1856, 

 which made it elective.^ Sir John Macdonald at the Quebec Confer- 

 ence, while he did not admit that the elective principle had been a 

 failure in Canada, thought they should return to the original prin- 

 ciple; no one seems to have contested the proposition and the nomi- 

 native system was unanimously approved.^ No one suggested that 

 the position of Member of the House should be hereditary: the power 

 in that regard given by the Act of 1791 early disappeared from our 

 Constitution, never having been acted upon."* 



1 Pope, "Confederation", pp. 12, 13, 14 (Oct. 17th, 1864) 18, 58, 64-66, 100, 143. 



2 19-20 Vic. C. 140 (Can.) 



' Pope, "Confederation," p. 58. 



« (1791) 31 George III C. 31 S. 6. " Whenever His Majesty, His Heirs 



or Successors shall think fit to confer upon any subject .... by Letters Patent under 

 the Great Seal of either of the said Provinces, any Hereditary Title of Honour, Rank 



or Dignity of such Province descendible it shall ... be lawful for His Majesty, 



etc., etc., to annex thereto an Hereditary Right of being summoned to the 



Legislative Council of such Province...." Fox objected to this (29 Hansard, 

 p. 107) "It seemed to him peculiarly absurd to introduce hereditary honours to 

 America, where those artificial distinctions stunk in the nostrils of the natives." 

 Pitt (do. p. 112) thought "An aristocratical principle being one part of our mixed 

 government. . . .it was proper that there should be such a Council as was provided 

 by this Bill and which might answer to that part of the British constitution which 

 composed the other House of Parliament." Fox (do. p. 411) thought the Councillors 

 should be elected (p. 113) that "in the Province of Canada, the introduction of 



