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=== Qualification for the Legislative Council ===
=== Qualification for the Legislative Council ===


The qualifications for the members of the Legislative Council were the same as for the members of the Senate of Canada.<ref>[https://laws-lois.justice.gc.ca/eng/const/section-73.html#h-12 ''British North America Act, 1867'', s. 73.]</ref>
The qualifications for the members of the Legislative Council were the same as for the members of the Senate of Canada.<ref>[https://laws-lois.justice.gc.ca/eng/const/section-73.html#h-12 ''British North America Act, 1867'', s. 73.]</ref> Those requirements were:

Those requirements were:
# Be of the full age of thirty years;<br>
# Be of the full age of thirty years;<br>
# Be a British subject, either natural-born or naturalised;<br>
# Be a British subject, either natural-born or naturalised;<br>

Revision as of 05:31, 1 October 2019

Legislature of Quebec

Législature du Québec
Fourth Legislature, 1878 - 1881
Coat of arms or logo
Type
Type
HousesLegislative Council
Legislative Assembly
Term limits
Four years, subject to earlier dissolution.
History
FoundedJuly 1, 1867
Preceded byThird Legislature of Quebec, 1875-1878
Succeeded byFifth Legislature of Quebec, 1881-1886
Leadership
Henry Starnes (Liberal) (1878-1879)
John Jones Ross (Conservative) (1879-1882)
Arthur Turcotte (Independent Conservative) (1878-1882)
Joseph-Adolphe Chapleau (Conservative) (1878-1879)
Henri-Gustave Joly de Lotbinière (1879-1882) Liberal
Structure
SeatsLegislative Council: 24
Legislative Assembly: 65
Legislative Council political groups
Conservatives 21
Liberals 2
Vacant 1
Legislative Assembly political groups
Conservatives 32
Liberals 31
Independent Conservatives 2
Elections
Legislative Council voting system
Life appointments
Legislative Assembly voting system
Single member constituencies
First-past-the-post voting
Secret ballot
Adult male franchise with property qualification
Constitution
British North America Act, 1867

The Fourth Legislature of Quebec was the provincial legislature of Quebec, Canada that existed from 1878 to 1881, following the general election of 1878.

The 1878 election was called by Premier Henri-Gustave Joly de Lotbinière, leader of the Quebec Liberal Party, after he had been installed in office by the Lieutenant Governor Luc Letellier de St-Just. The Lieutenant Governor had dismissed the former Conservative Premier, Charles Boucher de Boucherville, over a dispute about railway legislation proposed by the Boucher de Boucherville government.

Since the Liberals did not have a majority in the Legislative Assembly, Joly de Lotbinière called an election immediately. The election resulted in a hung parliament, with neither party having a majority in the Legislative Assembly. Joly de Lotbinière was able to stay in office for one year with a minority government, supported by two Independent Conservatives, but lost a confidence vote in 1879. The Quebec Conservative Party led by Joseph-Adolphe Chapleau then formed a minority government for the remainder of the term of the Legislature.

The Legislature held four annual sessions, with the first session called on June 4, 1878. The Legislature was dissolved on November 7, 1881, leading to the 1881 general election on December 2, 1881.

Structure of the Legislature

The Legislature of Quebec was created by the British North America Act, 1867. It consisted of the Lieutenant Governor of Quebec, the Legislative Assembly and the Legislative Council.[1] The Lieutenant Governor was appointed by the Governor General of Canada for a term of five years.[2] The Legislative Assembly consisted of sixty-five members, elected in single-member constituencies by first-past-the-post elections.[3] The Legislative Assembly was to last for four years, subject to being dissolved earlier by the Lieutenant Governor.[4] The Legislative Council consisted of twenty-four members, appointed for life by the Government of Quebec.[5]

Elections and qualifications

Right to vote

The right to vote in elections to the Legislative Assembly was not universal. Only male British subjects (by birth or naturalisation), aged 21 or older, were eligible to vote, and only if they met a property qualification. For residents of larger cities, the qualification was being the owner or occupant of real property assessed at three hundred dollars or more, or for tenants, an annual rent of thirty dollars or more. For any other municipality, the qualification was being an owner or occupant of real property assessed at two hundred dollars or more, or twenty dollars in annual value. For tenants in smaller centers, the qualification was paying an annual rent of twenty dollars or more.[6]

Women were completely barred from voting.[6]

Judges and many municipal and provincial officials were also barred from voting, particularly officials with law enforcement duties, or duties relating to public revenue.[7] The Returning Officer in each riding was also barred from voting, except when needed to give a casting vote in the event of a tie vote.[8]

Qualification for the Legislative Assembly

Candidates for election to the Legislative Assembly had to meet stricter qualifications than voters. In addition to being male, twenty-one or older, and a subject of Her Majesty (by birth or naturalisation), a candidate had to be free from all legal incapacity, and be the proprietor in possession of lands or tenements worth at least $2,000, over and above all encumbrances and charges on the property.[9]

Women were completely barred from membership in the Assembly.[9]

Qualification for the Legislative Council

The qualifications for the members of the Legislative Council were the same as for the members of the Senate of Canada.[10] Those requirements were:

  1. Be of the full age of thirty years;
  2. Be a British subject, either natural-born or naturalised;
  3. Possess real property in Quebec worth at least $4,000, over and above any debts or incumbrances on the property;
  4. Have a net worth of at least $4,000, over and above debts and liabilities;
  5. Reside in Quebec;
  6. Reside in, or possess his qualifying real property, in the division he was named to represent.[11]

The provisions of the British North America Act, 1867 did not explicitly bar women from being called to the Senate of Canada. However, until the Persons Case, it was assumed that women could not be called to the Senate, and were thus also barred from the Legislative Council. In any event, no woman was ever appointed to the Legislative Council.[12]

Legislative Assembly

Party standings

The 1878 election returned a hung parliament. Neither party had a majority in the Legislative Assembly. The Conservatives had one seat more than the Liberals, but there were also two independent Conservatives. With their support, Joly de Lotbinière was able to stay in office.

Template:Canadian politics/party colours/Conservative (historical)/rowTemplate:Canadian politics/party colours/Conservative (historical)/row
Affiliation Members
Conservative Party 32
  Liberal Party 31
Conservative Independent 2
 Total
65
 Government Majority
1

Members of the Legislative Assembly

The following candidates were elected to the Legislative Assembly in the 1878 election.[13] The Premiers of Quebec are indicated by Bold italics. The Speaker of the Legislative Assembly is indicated by small caps. Cabinet Ministers are indicated by Italics.

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Name Party Riding
  Robert Greenshields Meikle Liberal Argenteuil
  Narcisse Blais Liberal Bagot
  Joseph Poirier Liberal Beauce
Célestin Bergevin Conservative Beauharnois
  Pierre Boutin Liberal Bellechasse
Joseph Robillard Conservative Berthier
Joseph-Israël Tarte Conservative Bonaventure
William Warren Lynch Conservative Brome
Michel-Dosithée-Stanislas Martel Conservative Chambly
Dominique-Napoléon Saint-Cyr Conservative Champlain
Onésime Gauthier Conservative Charlevoix
  Édouard Laberge Liberal Châteauguay
  William Evan Price Independent Conservative Chicoutimi et Saguenay
Willian Sawyer Conservative Compton
Charles Champagne Conservative Deux-Montagnes
Nicodème Audet Conservative Dorchester
  William John Watts Liberal Drummond et Arthabaska
  Edmund James Flynn Liberal Gaspé
Louis Beaubien Conservative Hochelaga
  Alexander Cameron Liberal Huntingdon
  Louis Molleur Liberal Iberville
  Jean-Baptiste Couillard Dupuis Liberal Islet
Narcisse Lecavalier Conservative Jacques Cartier
Vincent-Paul Lavallée Conservative Joliette
  Charles-Antoine-Ernest Gagnon Liberal Kamouraska
Léon-Benoît-Alfred Charlebois Conservative Laprairie
Onuphe Peltier Conservative L'Assomption
Louis-Onésime Loranger Conservative Laval
Étienne-Théodore Pâquet Conservative Lévis
  Henri-Gustave Joly de Lotbinière Liberal Lotbinière
Édouard Caron Conservative Maskinongé
  George Irvine Liberal Mégantic
  Ernest Racicot Liberal Missisquoi
Octave Magnan Conservative Montcalm
  Louis-Napoléon Fortin Liberal Montmagny
  Charles Langelier Liberal Montmorency
  Horatio Admiral Nelson Liberal Montréal Centre
Louis-Olivier Taillon Conservative Montréal Est
  James McShane Liberal Montreal Ouest
  Laurent-David Lafontaine Liberal Napierville
Charles-Édouard Houde Conservative Nicolet
Louis Duhamel Conservative Ottawa
Levi Ruggles Church Conservative Pontiac
  François Langelier Liberal Portneuf
  David Alexander Ross Liberal Québec-Comté
  Rémi-Ferdinand Rinfret dit Malouin Liberal Québec-Centre
  Joseph Shehyn Liberal Québec-Est
  Arthur H. Murphy Liberal Québec-Ouest
Michel Mathieu Conservative Richelieu
Jacques Picard Conservative Richmond et Wolfe
  Alexandre Chauveau Liberal Rimouski
Solime Bertrand Conservative Rouville
  Pierre Bachand Liberal St. Hyacinthe
  Félix-Gabriel Marchand Liberal St. Jean
François-Sévère Desaulniers Conservative St. Maurice
  Joseph Lafontaine Liberal Shefford
Joseph Gibb Robertson Conservative Sherbrooke
William Duckett Conservative Soulanges
  Henry Lovell Liberal Stanstead
Georges-Honoré Deschênes Conservative Témiscouata
Joseph-Adolphe Chapleau Conservative Terrebonne
  Henri-René-Arthur Turcotte Independent Conservative Trois-Rivières
Émery Lalonde, Sr. Conservative Vaudreuil
  Jean-Baptiste Brousseau Liberal Verchères
Jonathan Saxton Campbell Würtele Conservative Yamaska

By-elections

Other MLAs were elected in by-elections during the term

Executive Council during Fourth Legislature

Joly de Lotbinière Cabinet (1878-1879)

  • Prime Minister and Executive Council President: Henri-Gustave Joly de Lotbinière
  • Agriculture and public works: Henri-Gustave Joly de Lotbinière
  • Crown Lands: François Langelier (1878-1879), Félix-Gabriel Marchand (1879)
  • Attorney General: David Alexander Ross
  • Secretary and Registry: Félix-Gabriel Marchand (1878-1879), Alexandre Chauveau (1879)
  • Treasurer: Pierre Bachand (1878-1879), François Langelier (1879)
  • Solicitor General: Alexandre Chauveau (1878-1879), Honoré Mercier (1879)
  • Legislative Council President: Henry Starnes

Chapleau Cabinet (1879-1881)

  • Prime Minister and Executive Council President: Joseph-Adolphe Chapleau
  • Agriculture and public works: Joseph-Adolphe Chapleau (1879-1881), John Jones Ross (1881)
  • Crown Lands: Edmund James Flynn
  • Railroad: Joseph-Adolphe Chapleau (1871), John Jones Ross (1871)
  • Attorney General: Louis-Onesime Loranger
  • Secretary and Registry: Etienne-Théodore Pâquet
  • Treasurer: Joseph Gibb Robertson
  • Solicitor General: William Warren Lynch
  • Legislative Council President: John Jones Ross

References