The Fathers of Confederation: A Chronicle of the Birth of the DominionColquhoun, A. H. U. (Arthur Hugh Urquhart)
History
The Fathers of Confederation: A Chronicle of the Birth of the Dominion
Colquhoun, A. H. U. (Arthur Hugh Urquhart)
Canada -- History -- 1841-1867
One result of the views exchanged is found in the twenty-sixth section
of the Act. This gives the sovereign, acting of course on the advice
of his ministers and at the request of the Canadian government, the
right to add {131} three or six members to the Senate, selected equally
from the three divisions mentioned above. These additional members are
not to be a permanent increase of the Senate, because vacancies
occurring thereafter are not to be filled until the normal number is
restored. Once only has it been sought to invoke the power of this
section. In 1873, when the first Liberal ministry after Confederation
was formed, the prime minister, Alexander Mackenzie, finding himself
faced by a hostile majority in the Senate, asked the Queen to add six
members to the Senate 'in the public interests.' The request was
refused. The colonial secretary, Lord Kimberley, held that the power
was intended solely to bring the two Houses into accord when an actual
collision of opinion took place of so serious and permanent a kind that
the government could not be carried on without the intervention of the
sovereign as prescribed in this section. The Conservative majority in
the Senate highly approved of this decision, and expressed its
appreciation in a series of resolutions which are a fine display of
unconscious humour.
Not the least important of the changes in the scheme adopted at London
was that relating to the educational privileges of {132} minorities.
This is embodied in the famous ninety-third section of the Act, and
originated in a desire to protect the Protestant minority in Lower
Canada. Its champion was Galt. An understanding existed that the
Canadian parliament would enact the necessary guarantees before Canada
entered the union. But the proposal, when brought before the House in
1866, was so expressed as to apply to the schools of both the
Protestant minority in Lower Canada and the Catholic minority in Upper
Canada. This led to disturbing debates and was withdrawn. No
substitute being offered, Galt, deeming himself pledged to his
co-religionists, at once resigned his place in the Cabinet and stated
his reasons temperately in parliament. Although no longer a minister,
he was selected as one of the London delegates, partly because of the
prominent part taken by him in the cause of Confederation and partly in
order that the anxieties of the Lower Canada minority might be allayed.
Galt's conduct throughout was entirely worthy of him. That he was an
enlightened man the memoranda of the London proceedings prove, for
there is a provision in his handwriting showing his desire to extend to
all minorities the protection he claimed for the Lower {133} Canada
Protestants. The clause drawn by him differs in its phraseology from
the wording in the Act and is as follows:
Public-domain text, read in full here on John Shaqi.
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