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1st Parliament of the Province of Canada

British colonial legislature from 1841 to 1844


British colonial legislature from 1841 to 1844

FieldValue
background_color#FF0000
nameParliament of the Province of Canada
Parlement de la Province du Canada
legislatureFirst Parliament, 1841 – 1844
coa_picFile:Coat_of_arms_of_the_United_Kingdom_(1837-1952).svg
house_typeBicameral
housesLegislative Council
Legislative Assembly
term_limitsFour years, subject to earlier dissolution
foundation
new_session[2nd Parliament of the Province of Canada](2nd-parliament-of-the-province-of-canada), 1844–1847
leader1_typeMonarch
leader1Victoria
leader2_typeGovernor General of the Canadas
leader2Lord Sydenham, 1841
Major-General John Clitherow (Deputy), 1841
Lieutenant-General Sir Richard Downes Jackson (Administrator), 1841–1842
leader3_typePremier
leader3Samuel Harrison, 1841–1842 (Reform)
William Henry Draper, 1842 (Upper Canada Tories)
Louis-Hippolyte Lafontaine, 1842–1843 (Reform)
Sir Dominick Daly, 1843 (Acting premier)
William Henry Draper, 1843–1847 (Upper Canada Tories)
leader4_typeDeputy Premier
leader4William Henry Draper, 1841–1842 (Upper Canada Tories)
Charles Richard Ogden, 1842 (Government supporter)
Robert Baldwin 1842–1843 (Reform)
Denis-Benjamin Viger 1843–1846 (Groupe canadien-français)
leader5_typeSpeaker of the Legislative Council
leader5Robert Sympson Jameson, 1841–1842
Peter McGill, 1842–1847
leader6_typeSpeaker of the Legislative Assembly
leader6Austin Cuvillier, 1841–1844 (Groupe canadien-français)
seatsLegislative Council: 24
Legislative Assembly: 84
house1Legislative Council
house2Legislative Assembly
voting_system1Life appointments
voting_system2Single member constituencies
First-past-the-post voting
Open ballot system
Adult male franchise with property qualification
constitution*Act of Union 1840*

Parlement de la Province du Canada Legislative Assembly Major-General John Clitherow (Deputy), 1841 Lieutenant-General Sir Richard Downes Jackson (Administrator), 1841–1842 William Henry Draper, 1842 (Upper Canada Tories) Louis-Hippolyte Lafontaine, 1842–1843 (Reform) Sir Dominick Daly, 1843 (Acting premier) William Henry Draper, 1843–1847 (Upper Canada Tories) Charles Richard Ogden, 1842 (Government supporter) Robert Baldwin 1842–1843 (Reform) Denis-Benjamin Viger 1843–1846 (Groupe canadien-français) Peter McGill, 1842–1847 Legislative Assembly: 84 First-past-the-post voting Open ballot system Adult male franchise with property qualification

The First Parliament of the Province of Canada was summoned in 1841, following the union of Upper Canada and Lower Canada as the Province of Canada on February 10, 1841. The Parliament continued until dissolution in late 1844.

The Parliament of the Province had two chambers: the elected lower house, the Legislative Assembly, and the appointed upper house, the Legislative Council. The first general election for the Legislative Assembly was held in April, 1841. Canada East (formerly Lower Canada) and Canada West (formerly Upper Canada)) each had forty-two seats in the Legislative Assembly. The members of the Legislative Council, twenty-four in number, were appointed by the British Governor General, Lord Sydenham.

All sessions were held at Kingston, Canada West, with the first session of the Parliament called in June 1841. The Parliament had three annual sessions, but then was prorogued for close to a year due to a political crisis in the relations between the Legislative Assembly and the Governor General. The Parliament was dissolved in September, 1844, triggering the second general election for the Province, and the second Parliament, which met in Montreal.

In 1841, the District Councils Act was passed which established a system of local government in Canada West based on district councils. Prior to 1841, local affairs were dealt with by the District Court of Quarter Sessions.

First government and election

The Governor General, Lord Sydenham, appointed the first members to the Executive Council on February 13, 1841. All of the members were anglophones, with no francophones. They were appointed as advisors to the Governor General, who continued to exercise the executive powers of the government.

The first general election for the new Legislative Assembly was held in the spring of 1841. There was no single election date – members in different districts were elected on different days. The returning officer in each electoral district chose the date for the election in their district.

The Governor General, following the policy of assimilation set out in Lord Durham's Report, drew boundaries and chose the location of polling stations in Canada East in anglophone areas, in an effort to favour voters of British stock and to make it more difficult for francophone voters to exercise their franchise.

The election was marred by violence. In the district of Montreal, riots broke out in six counties. At St. Laurent, an English mob scattered French voters, and then when the Tories had a majority, it closed down the vote although only a hundred voters had voted in a district with a population of 60,000.

In the riding of Terrebonne in Canada East, the threat of a riot at the polling station forced Louis-Hippolyte Lafontaine, a proponent of responsible government, to withdraw his candidacy. In response, Robert Baldwin in Canada West, also a supporter of responsible government, proposed to his father, William Warren Baldwin, that they should assist Lafontaine's election. Baldwin senior was a candidate for a riding in the Toronto area. He withdrew his nomination to allow Lafontaine to stand for election. Lafontaine was elected.

Candidates at this time were loosely affiliated in early political parties, but party structure was not strong. Different parties were active in Canada East and Canada West. The election gave no single party group a majority of seats in the Legislative Assembly.

Governors General

One of the unusual features of the 1st Parliament was the high turnover in the position of governor general. Charles Poulett Thomson was the governor general from February 1841 until September 1841, when he died from tetanus resulting from a riding accident. His deputy, Major-General John Clitherow, immediately prorogued Parliament. Clitherow was replaced by the Administrator, Lieutenant-General Sir Richard Downes Jackson, shortly afterwards. Jackson acted as Administrator until January 1842, when Sir Charles Bagot was appointed Governor General. Bagot resigned the office in March, 1843 due to ill health, dying shortly afterwards. Sir Charles Metcalfe then took over, and stayed in office until November 1845. He retired to England and died of cancer shortly afterwards.

Legislative Assembly

Canada East

Members elected in the general election

The following members were elected to the Legislative Assembly from Canada East in the 1841 general election. The party affiliations are based on the biographies of individual members given by the National Assembly of Quebec, as well as votes in the Legislative Assembly. "Party" was a fluid concept, especially during the early years of the Province of Canada.

RidingMemberPartyFirst elected
BeauharnoisDunscomb, John WilliamUnionist; Government supporter
BellechasseRuel, Augustin-GuillaumeAnti-unionist; French-Canadian Group
BerthierArmstrong, David MorrisonAnti-unionist; French-Canadian Group
BonaventureHamilton, John RobinsonAnti-unionist; Independent
ChamblyYule, JohnUnionist; Government supporter
ChamplainKimber, René-JosephAnti-unionist; French-Canadian Group
DorchesterTaschereau, Antoine-CharlesAnti-unionist; French-Canadian Group
DrummondWatts, Robert NugentUnionist; Government supporter
GaspéChristie, RobertAnti-unionist; Independent
HuntingdonCuvillier, AustinAnti-unionist; Speaker of the Assembly
KamouraskaBerthelot, AmableAnti-unionist; French-Canadian Group
L'IsletTaché, Étienne-PascalAnti-unionist; French-Canadian Group
LeinsterRaymond, Jean-MoïseAnti-unionist; French-Canadian Group
LotbinièreNoël, Jean-Baptiste-IsaïeAnti-unionist; French-Canadian Group
MegantickDaly, DominickUnionist; Government supporter
MissiskouiJones, RobertUnionist; "British" Tory
MontmorencyQuesnel, Frédéric-AugusteAnti-unionist; French-Canadian Group
Montreal
(*District represented by two members*)Holmes, BenjaminUnionist; Government supporter; later independent; later French-Canadian Group
Moffatt, GeorgeUnionist; Government supporter
Montreal CountyDelisle, Alexandre-MauriceUnionist; Government supporter
NicoletMorin, Augustin-NorbertAnti-unionist; French-Canadian Group
Ottawa CountyDay, Charles DeweyUnionist; Government supporter
PortneufAylwin, Thomas CushingAnti-unionist; French-Canadian Group
Quebec City
(*District represented by two members*)Black, HenryUnionist; "British Tory"
Burnet, DavidUnionist; independent
Quebec CountyNeilson, JohnAnti-unionist; French-Canadian Group
RichelieuViger, Denis-BenjaminAnti-unionist; French-Canadian Group
RimouskiBorne, MichelAnti-unionist; French-Canadian Group
Rouvillede Salaberry, Melchior-AlphonseUnionist; Government supporter
SaguenayParent, ÉtienneAnti-unionist; French-Canadian Group
Saint HyacintheBoutillier, ThomasAnti-unionist; French-Canadian Group
Saint MauriceTurcotte, Joseph-ÉdouardAnti-unionist; French-Canadian Group
SheffordFoster, SewellUnionist; "British" Tory
SherbrookeHale, EdwardUnionist; "British" Tory
Sherbrooke CountyMoore, JohnUnionist; Government supporter; later "British" member
StansteadChild, MarcusUnionist; Government supporter; later "British" member
TerrebonneMcCulloch, MichaelUnionist; "British" Tory
Three RiversOgden, Charles RichardUnionist; Government supporter
Two MountainsRobertson, ColinUnionist; Government supporter
VaudreuilSimpson, JohnUnionist; "British" Tory
VerchèresDesrivières, HenriAnti-unionist; French-Canadian Group
YamaskaBarthe, Joseph-GuillaumeAnti-unionist; French-Canadian Group

By-elections during the First Parliament

The following members were elected in by-elections during the First Parliament. The party affiliations are based on the biographies of individual members given by the National Assembly of Quebec, as well as votes in the Legislative Assembly.

RidingMembers Elected in By-ElectionsReason for VacancyBy-election dateParty
BeauharnoisWakefield, Edward GibbonIncumbent resigned following appointment as Warden, Trinity House, MontrealNovember 9, 1842French-Canadian Group, then "British" Tory
BellechasseTurgeon, AbrahamIncumbent resigned following appointment as Registrar, district of RimouskiJune 6, 1842French-Canadian Group
ChamblyLacoste, LouisIncumbent resigned seatOctober 23, 1843French-Canadian Group
ChamplainJudah, HenryIncumbent appointed to Legislative CouncilSeptember 22, 1843French-Canadian Group
LeinsterDe Witt, JacobIncumbent resigned to take appointment as District Registrar of LeinsterAugust 8, 1842French-Canadian Group
Montreal
(*1843*)Beaubien, PierreIncumbent resigned to protest movement of provincial seat of government from Kingston to MontrealNovember 22, 1843French-Canadian Group
Montreal
(*1844*)Drummond, Lewis ThomasIncumbent resigned to return to work at Bank of MontrealApril 17, 1844French-Canadian Group
Montreal CountyJobin, AndréSeat vacated when incumbent appointed Clerk of the Crown, Montreal Sessions of the Peace, a civil service positionOctober 26, 1843French-Canadian Group
NicoletViger, Louis-MichelIncumbent appointed to the benchFebruary 15, 1842French-Canadian Group
Ottawa CountyPapineau, Denis-BenjaminIncumbent appointed to the benchAugust 17, 1842French-Canadian Group
PortneufAylwin, Thomas CushingMinisterial by-election, triggered by appointment as Solicitor-General of Canada EastOctober 20, 1842French Canadian group
Quebec CityChabot, JeanIncumbent resigned on bankruptcySeptember 18, 1843French-Canadian Group
RimouskiBaldwin, RobertIncumbent resigned to allow Baldwin to stand for electionJanuary 30, 1843Ultra Reformer
Rouville
(*1842*)Walker, WilliamIncumbent accepted office of profit under the Crown; Walker won subsequent ministerial by-electionJuly 7, 1842"British" Tory
Rouville
(*1843*)Franchère, TimothéeIncumbent resigned due to ill-healthSeptember 25, 1843French-Canadian Group
SaguenayMorin, Augustine-NorbertIncumbent resigned to take government positionNovember 28, 1842French-Canadian Group
Saint MauriceTurcotte, Joseph-ÉdouardRequired to resign seat on accepting two offices of profit under the Crown; re-elected in by-electionJuly 8, 1842French-Canadian Group
Two MountainsForbes, Charles JohnDeath of incumbentApril 18, 1842"British" Tory
VerchèresJames LeslieResignation of incumbent to allow Leslie to stand for electionDecember 28, 1841French-Canadian Group

Canada West

Members elected in the general election

The following members were elected to the Legislative Assembly from Canada West in the 1841 general election.

RidingMemberPartyFirst elected
BrockvilleSherwood, GeorgeUnionist; Compact Tory1841
BytownDerbishire, StewartUnionist; Moderate Reformer1841
CarletonJohnston, JamesUnionist; Compact Tory1841
CornwallChesley, Solomon YeomansUnionist; Compact Tory1841
DundasCook, JohnUnionist; Reformer1841
DurhamWilliams, John TuckerUnionist; Reformer, then Independent1841
EssexPrince, JohnUnionist; Independent1841
FrontenacSmith, Sir HenryUnionist; Tory1841
GlengarryMacdonald, John SandfieldUnionist; Moderate Tory, then Reformer1841
GrenvilleCrane, SamuelUnionist; Reformer1841
HaldimandThompson, DavidUnionist; Reformer1841
Halton EastHopkins, CalebAnti-unionist; Ultra-Reformer1841
Halton WestDurand, James Jr.Anti-unionist; Ultra-Reformer1841
HamiltonMacNab, Sir AllanUnionist; Compact Tory1841
HastingsBaldwin, RobertAnti-unionist; Ultra-Reformer1841
HuronStrachan, James McGillUnionist; Moderate Tory1841
KentWoods, JosephUnionist; Compact Tory1841
KingstonManahan, AnthonyModerate Reformer1841
LanarkCameron, MalcolmUnionist; Moderate Reformer1841
LeedsMorris, JamesUnionist; Moderate Reformer1841
Lennox and AddingtonCartwright, John SolomonUnionist; Compact Tory1841
Lincoln NorthMerritt, William HamiltonUnionist; Moderate Reformer1841
Lincoln SouthThorburn, DavidUnionist; Moderate Reformer1841
LondonKillaly, Hamilton HartleyUnionist; Moderate Reformer1841
MiddlesexParke, ThomasUnionist; Moderate Reformer1841
NiagaraCampbell, Edward C.Unionist; Moderate Tory1841
NorfolkPowell, Israel WoodUnionist; Moderate Reformer1841
Northumberland NorthGilchrist, JohnUnionist; Moderate Reformer1841
Northumberland SouthBoswell, George M.J.Unionist; Moderate Reformer1841
OxfordHincks, FrancisAnti-Unionist; Ultra-Reformer1841
PrescottMcDonald, DonaldUnionist; Moderate Reformer1841
Prince EdwardRoblin, John PhilipUnionist; Moderate Reformer1841
RussellDraper, William HenryUnionist; Moderate Tory1841
SimcoeSteele, Elmes YelvertonUnionist; Moderate Reformer1841
StormontMcLean, AlexanderUnionist; Moderate Tory1841
Toronto
(*District represented by two members*)Buchanan, IsaacUnionist; Moderate Reformer1841
Dunn, John HenryUnionist; Moderate Reformer1841
WentworthSmith, HarmannusUnionist; Moderate Reformer1841
1st YorkJames Hervey Price1841
2nd YorkGeorge DugganConservative1841
3rd YorkJames Edward SmallReformer1841
4th YorkBaldwin, RobertReformer1841

By-elections and election petitions during the First Parliament

The following members were elected in by-elections during the First Parliament, or installed as a result of election petitions challenging an election.

RidingMembers Elected in By-Elections or by PetitionPartyReason for VacancyDate of By-election or Petition decision
HastingsMurney, EdmundToryIncumbent (Robert Baldwin) vacated seat after accepting appointment to Executive Council, an office of profit under the Crown; but in the resulting ministerial by-election he was defeated by Murney. Subsequently, he ran in a byelection in 1843 and was elected.November 4, 1842
HuronDunlop, William "Tiger"Moderate ToryElection of Strachan overturned on election petitionAugust 20, 1841
KingstonHarrison, Samuel BealeyReformerIncumbent vacated seat by accepting appointment as Collector of Customs for Toronto, an office of profit under the CrownJuly 1, 1841
LondonKillaly, Hamilton HartleyUnionist; moderate ReformerKillaly was elected in the general election, 1841; vacated seat on December 21, 1842, on being appointed Chairman of the Board of Works, an office of profit under the Crown; re-elected in by-election; resigned seat on November 30, 1843.September 28, 1842
MiddlesexParke, ThomasUnionist; moderate ReformerParke was elected in the general election, 1841; vacated seat on June 7, 1841, on being appointed Surveyor-General, an office of profit under the Crown; re-elected in by-election.July 10, 1841
NiagaraBoulton, Henry JohnUltra-ReformerElection of Edward C. Campbell overturned on election petition; Boulton declared the winner.September 26, 1842
RussellStewart, WilliamModerate ToryIncumbent (William Draper) appointed to the Legislative CouncilSeptember 14, 1843
TorontoSherwood, HenryCompact ToryIncumbent (Isaac Buchanan) resignedMarch 6, 1843

Notes

References

Bibliography

  • Cornell, P.G., Underhill, F.H., Brown G.W., and Careless J.M.S., Upper Canadian politics in the 1850s, (Toronto: University of Toronto Press, 1967).

References

  1. J.O. Côté, [https://archive.org/details/politicalappoint00cotj_0/page/12 ''Political Appointments and Elections in the Province of Canada, 1841 to 1860''] (Quebec: St. Michel and Darveau, 1860).
  2. [https://www.cbc.ca/history/EPISCONTENTSE1EP7CH5PA3LE.html CBC: ''1841 – The First Election after the Act of Union''.]
  3. Garner, Franchise and Politics in BNA, p. 99-100
  4. This was the beginning of the Lafontaine-Baldwin alliance which ultimately led to responsible government in the Province of Canada.James H. Marsh, [https://www.thecanadianencyclopedia.ca/en/article/the-friendship-that-brought-responsible-government-feature "Editorial: Baldwin, LaFontaine and Responsible Government"], ''Canadian Encyclopedia'', January 24, 2012.
  5. [https://www.canadiana.ca/view/oocihm.9_00952_1/13?r=0&s=4 "Return of the names of the Members chosen to serve in the Legislative Assembly of Canada"], Office of the Clerk of the Crown in Chancery, Kingston, 14th. June, 1841, ''Journals of the Legislative Assembly of the Province of Canada'', 1st Parliament, 1st Session, 1841, pp. xi–xii.
  6. J.O. Côté, [https://archive.org/details/politicalappoint00cotj_0/page/43/mode/1up ''Political Appointments and Elections in the Province of Canada, 1841 to 1860''] (Quebec: St. Michel and Darveau, 1860), pp. 43–58.
  7. [http://www.assnat.qc.ca/en/membres/notices/index.html Québec Dictionary of Parliamentary Biography, from 1764 to the present].
  8. Paul G. Cornell, [https://archive.org/details/alignmentofpolit0000corn ''Alignment of Political Groups in Canada, 1841–67''] (Toronto: University of Toronto Press, 1962; reprinted in paperback 2015), pp. 93–111.
  9. [http://www.assnat.qc.ca/en/deputes/dunscomb-john-william-3055/biographie.html National Assembly of Quebec: John William Dunscomb.]
  10. [https://archive.org/details/politicalappoint00cotj_0/page/58 Côté, ''Political Appointments and Elections'': Notes to the First Parliament.]
  11. [http://www.assnat.qc.ca/en/deputes/ruel-augustin-guillaume-5227/biographie.html National Assembly of Quebec: Augustin-Guillaume Ruel.]
  12. [http://www.assnat.qc.ca/en/deputes/yule-john-5777/biographie.html National Assembly of Quebec: John Yule.]
  13. [http://www.assnat.qc.ca/en/deputes/kimber-rene-joseph-3793/biographie.html National Assembly of Quebec: René-Joseph Kimber.]
  14. [http://www.assnat.qc.ca/en/deputes/raymond-jean-moise-5041/biographie.html National Assembly of Quebec: Jean-Moïse Raymond.]
  15. [http://www.biographi.ca/en/bio/holmes_benjamin_9E.html Lorne Ste. Croix, "Holmes, Benjamin", ''Dictionary of Canadian Biography'', Volume IX (1861–1870), University of Toronto/Université Laval.]
  16. [http://www.assnat.qc.ca/en/deputes/moffatt-george-4513/biographie.html National Assembly of Quebec: George Moffatt.]
  17. [http://www.biographi.ca/en/bio/moffatt_george_9E.html ''Dictionary of Canadian Biography'': "Moffatt, George".]
  18. [http://www.assnat.qc.ca/en/deputes/delisle-alexandre-maurice-2813/biographie.html National Assembly of Quebec: Alexandre-Maurice Delisle.]
  19. [http://www.assnat.qc.ca/en/deputes/morin-augustin-norbert-4557/biographie.html National Assembly of Quebec: Augustin-Norbert Morin.]
  20. [http://www.assnat.qc.ca/en/deputes/day-charles-dewey-2785/biographie.html National Assembly of Quebec: Charles Dewey Day.]
  21. [http://www.assnat.qc.ca/en/deputes/aylwin-thomas-cushing-1797/biographie.html National Assembly of Quebec: Thomas Cushing Aylwin.]
  22. {{rp. p. 59, note (33)[http://www.biographi.ca/en/bio/burnet_david_8E.html "Burnet, David", ''Dictionary of Canadian Biography''.]
  23. [http://www.assnat.qc.ca/en/deputes/borne-michel-2181/biographie.html National Assembly of Quebec: Michel Borne]
  24. [http://www.assnat.qc.ca/en/deputes/irumberry-de-salaberry-melchior-alphonse-d-3699/biographie.html National Assembly of Quebec: Melchior-Alphonse d'Irumberry de Salaberry]
  25. [http://www.assnat.qc.ca/en/deputes/parent-etienne-4767/biographie.html National Assembly of Quebec: Étienne Parent]
  26. [http://www.assnat.qc.ca/en/deputes/turcotte-joseph-edouard-5649/biographie.html National Assembly of Quebec: Joseph-Édouard Turcotte]
  27. [http://www.assnat.qc.ca/en/deputes/robertson-colin-5121/biographie.html National Assembly of Quebec: Colin Robertson.]
  28. [https://www.canadiana.ca/view/oocihm.9_00952_1/401?r=0&s=2 ''Journals of the Legislative Assembly of the Province of Canada'', 1st Parliament, 1st Session, 1841, p. 387.]
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