anadian legislature
received power from the imperial authorities--as I shall show
later--to settle the question of the clergy reserves on condition that
protection should be given to those members of the clergy who had been
beneficiaries under the Constitutional Act of 1791. A measure was
passed for the settlement of the seigniorial tenure question on an
equitable basis, but it was defeated in the legislative council by a
large majority amongst which we see the names of several seigneurs
directly interested in the measure. It was not fully discussed in that
chamber on the ground that members from Upper Canada had not had a
sufficient opportunity of studying the details of the proposed
settlement and of coming to a just conclusion as to its merits. The
action of the council under these circumstances was severely
criticized, and gave a stimulus to the movement that had been steadily
going on for years among radical reformers of both provinces in favour
of an elective body.
The result was that in 1854 the British parliament repealed the
clauses of the Union Act of 1840 with respect to the upper House, and
gave full power to the Canadian legislature to make such changes as it
might deem expedient--another concession to the principle of local
self-government. It was not, however, until 1856, that the legislature
passed a bill giving effect to the intentions of the imperial law, and
the first elections were held for the council. Lord Elgin was always
favourable to this constitutional change. "The position of the second
chamber of our body politic"--I quote from a despatch of March,
1853--"is at present wholly unsatisfactory. The principle of election
must be introduced in order to give to it the influence which it ought
to possess, and that principle must be so applied as to admit of the
working of parliamentary government (which I for one am certainly not
prepared to abandon for the American system) with two elective
chambers... When our two legislative bodies shall have been placed on
this improved footing, a greater stability will have been imparted to
our constitution, and a greater strength." Lord Elgin's view was
adopted and the change was made.
It is interesting to note that so distinguished a statesman as Lord
Derby, who had been colonial secretary in a previous administration,
had only gloomy forebodings of the effects of this elective system
applied to the upper House. He believed that the dream that he had of
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