[riddell] BRITISH NORTH AMERICA ACT, 1867 87 



and accordingly eight Members of the Coahtion Government of both 

 sides of politics, went to Charlottetown, Prince Edward Island, met 

 the Conference and were asked to and did express their views. The 

 Maritime delegates are understood to have come to the conclusion 

 that a union on the larger basis might be effected. In order that the 

 feasibility of such a Confederation might be discussed and considered 

 from every point of view, the Charlottetown Conference was adjourned; 

 and it was agreed to hold another Conference at Quebec, to be attended 

 by delegates from all the Provinces interested. This Conference 

 met in the Parliament buildings, Quebec, October 10, 1864, and was 

 attended by delegates from Canada, New Brunswick, Nova Scotia 

 and Prince Edward Island; resolutions were adopted which formed 

 the basis of the British North America Act subsequently passed, which 

 established the Dominion of Canada."^ 



It was quite beyond question to have Representation other than 

 by Population and so the Quebec Conference decided; certain of 

 the delegates from Prince Edward Island thought their Province had 

 not been fairly treated in the representation in the Upper House, but 

 gave way. In respect of the representation in the Lower House, 

 however, it was said "our people would not be content to give up their 

 present benefits for the representation of five Members." "But," added 

 the speaker "if the Government who found the delegation will take the 

 responsibility on them I may support them."'^ As we know, the 

 Government of the Island refused to assent to the terms : but she came 

 in a little later with the same number (5) of Members of the House of 

 Commons. 



Sections 45 to 49 as to the election, duty, power &c., &c., of the 

 Speaker of the House of Commons are from the practice of the Im- 

 perial House of Commons. 



No instructions were given on this subject to General Murray 

 in 1763; of course the Act of 1774 did not contemplate a Lower House 

 at all. The Act of 1791 is silent as to the method of election of the 

 Speaker of the Assembly and in fact he was elected by the House, the 

 statute giving him a casting vote when the voices were equal: the 



^ The quotations are from the Dodge Lectures, Yale University, March, 1917. 

 In respect of "Rep. by Pop.," it may be of interest to quote the late Dr. Henry 

 Scadding. In his erudite and very interesting "Errata Recepta" (Canadian Journal 

 for May, 1864) he says, p. 14. "In the political arena we see if we do not hear, 

 Rep. by pop." and in a note adds: "To the 'foreign' reader it may be necessary 

 to say that a certain dangerous reef running right across the lake of Canadian politics 

 is thus named. The full form of the appellature is Representation by population — " 

 and a dangerous reef it was for Dr. Scadding's political party. 



2 Pope, "Confederation," pp. 70, 71. (Hon. Edward Wheelan, M.P.P.). 



