84 THE ROYAL SOCIETY OF CANADA 



Section 26 gives power to the Governor General, when the Queen 

 should on his recommendation think fit to direct that three or six 

 Members should be added to the Senate, to add the said number of 

 Members accordingly. 



This provision appears for the first time in the third draft of the 

 Bill, which in Sec. 16 provides that if the Council reject a Money Bill 

 of the Commons or reject three times any other Bill, then if the Bill 

 has been carried by a majority of votes from two of the three Divisions, 

 Her Majesty might add Members to the Senate, observing the equality 

 between the three Divisions. Of course this was by analogy to the 

 House of Lords, and was intended to meet local factious opposition. 

 In the fourth draft it was provided that on the application of the 

 Government of Canada Her Majesty in Council might sanction an 

 appointment of additional Members not exceeding 18, and in the fifth 

 draft the clause appeared as in the Act. 



The tenure of olifice for life was early proposed by (Sir) John A. 

 Macdonald and the proposition does not seem to have met opposi- 

 tion.^ This had been the tenure in Upper and Lower Canada and 

 in United Canada till 1856.2 



Section 34 gives the Governor General, i.e., the Government, the 

 power to appoint the Speaker of the Senate — this is by analogy to 

 the Lord Chancellor at Westminster; the like provision appears in 

 the Canada Act of 1791» and the Union Act of 1840." 



Sec. 36 provides that the Speaker may vote and that on an 

 equality of vote, the decision is deemed to be in the negative — this 

 also comes from the House of Lords. It was agreed at the Quebec 

 Conference that the Speaker should have no vote excepta casting vote, 

 but this was changed to the present rule in the third draft of the Bill.^ 



In the Act of 1791, it was provided that the Speaker of the Coun- 

 cil (or Assembly) should have a casting voice "in all cases where the 

 voices shall be equal"^ in the Union Act of 1840 the Speaker of 



nobility was peculiary improper." but Pitt (p. 415) "laid great stress on the circum- 

 stance of the hereditary honours being derived from the imperial crown of Great 

 Britain which he considered as a matter of peculiar value": and the Section passed — 

 to remain a dead letter. 



1 Pope, "Confederation," pp. 162, 184, 217. 



2 Pope, "Confederation," p. 14. 



3 (1791) 31 George III, C. 31, S. 12. 



' (1840) 3 and 4 Vict., C. 35, S. 9 (Imp.). 



5 Pope, "Confederation," pp. 41, 100, 126, 146, 163 (The third Draft is 

 "The Speaker shall vote as other Mtmbers, etc.") 185 (the fourth draft is equally 

 peremptory) 219 (Final Draft same as at present) 255. 



« (1791) 31 George III, C. 31, S. 28. 



