The Day of Sir John Macdonald: A Chronicle of the First Prime Minister of the Dominion — John Shaqi
The Day of Sir John Macdonald: A Chronicle of the First Prime Minister of the DominionPope, Joseph, Sir
History
The Day of Sir John Macdonald: A Chronicle of the First Prime Minister of the Dominion
Pope, Joseph, Sir
Macdonald, John Alexander, Sir, 1815-1891
These words are clear. Any member of a government could resign his
office and accept another within one month without vacating his seat in
parliament. Thirty days had not elapsed since Macdonald had held the
portfolio of attorney-general. There was, therefore, no legal
necessity for his taking the sense of his constituents on resuming it.
Elections no more in 1858 than now were run for the fun of the thing.
One technical objection alone stood in the way. The Act says that if
any member resign office, and within one month after his resignation
accept _any other_ of the said offices, he shall not thereby vacate his
seat in the Assembly. It says nothing about the effect of accepting
anew the office just demitted, though it seems only reasonable {61} to
infer that, if the acceptance of a new office by a minister did not
call for a fresh appeal to his constituents, _a fortiori_ neither would
the mere resumption of an office whose acceptance they had already
approved. In the judgment of Macdonald and several of his colleagues
there was no legal impediment to the direct resumption of their former
offices, but a difference of opinion existed on the point, and, in
order to keep clearly within the law, the ministers first accepted
portfolios other than those formerly held by them. Thus, Cartier was
first sworn in as inspector-general and Macdonald as
postmaster-general. On the following day they resigned these
portfolios and were appointed respectively to their old offices of
attorney-general East and attorney-general West. Their colleagues in
the Macdonald-Cartier Government underwent a similar experience.
The 'Double Shuffle' proved a source of acute dissatisfaction to Brown
and his friends. The ministers were accused by them of having
perverted an Act of Parliament to a sense it was never intended to
bear. Their action in swearing to discharge duties which they never
intended to perform was characterized as little short of perjury. They
were, however, {62} sustained both by parliament and in the courts.
Thirteen years later, no less a personage than Gladstone gave to the
proceeding the sanction of his great authority. In order to qualify
Sir Robert Collier, his attorney-general, for a seat on the Judicial
Committee of the Privy Council, appointments to which were restricted
to judges, he nominated him a justice of the Court of Common Pleas, in
which Sir Robert took his seat, sat for a few days, resigned, and went
on the Judicial Committee.[4]
The year 1858 saw the beginnings of a movement in the direction of
Confederation. At an early period in the session Galt raised the
question in an interesting speech. When he joined the Ministry, as
inspector-general (finance minister), he again brought it forward.
During recess a delegation consisting of Cartier, Galt, and John Ross
proceeded to England with the object of discussing the subject with Her
Majesty's government.
{63}
Public-domain text, read in full here on John Shaqi.
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