Legislative Council of Upper Canada
Legislative Assembly of Upper Canada | |
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Type | |
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History | |
Founded | 1791 |
Disbanded | 1841 |
Preceded by | Council for the Affairs of the Province of Quebec |
Succeeded by | Legislative Council of the Province of Canada |
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The Legislative Council of Upper Canada was the upper house governing the province of Upper Canada. Modelled after the British House of Lords, it was created by the Constitutional Act of 1791. It was specified that the council should consist of at least seven members. Members were appointed for life but could be dropped for non-attendance. The first nine members of the council were appointed on 12 July 1792. The speaker was usually the Chief Justice of the Court of King's Bench. The Legislative Council was dissolved on 10 February 1841 when Upper and Lower Canada were united into the Province of Canada. Some members were reappointed to the Legislative Council of the united Province.
Unlike the other three provinces that would initially make up the Dominion of Canada, a provincial Legislative Council was not re-established for Ontario when the province entered Confederation in 1867.
List of Members of the Legislative Council
Member | Town | From | To | Notes |
---|---|---|---|---|
James Baby | Sandwich | 12 July 1792 | 19 February 1833 | Died in office |
Richard Cartwright | Kingston | 12 July 1792 | 27 July 1815 | Died in office |
Richard Duncan | Williamsburgh | 12 July 1792 | 1805 | Dropped due to non-attendance; returned to the United States and died in Schenectady, New York in 1819 |
Alexander Grant, Sr. | York | 12 July 1792 | May 1813 | Died in office |
Robert Hamilton | Niagara | 12 July 1792 | 8 March 1809 | Died in office |
John Munro | Eastern District | 12 July 1792 | October, 1800 | Died in office |
William Osgoode | York | 12 July 1792 | 24 February 1794 | Became Chief Justice of Lower Canada 1794–1801; retired and died in London, Ontario |
William Robertson | Sandwich | 12 July 1792 | 4 November 1792 | Resigned and left for Montreal in 1797; moved to London England 1800 and died there in 1806 |
Peter Russell | York | 12 July 1792 | 30 September 1808 | Died in office |
Æneas Shaw | York | 19 June 1794 | 6 February 1814 | Died in office |
Jacob Mountain1 (1 December 1749–16 June 1825) |
Quebec City | 1 July 1794 | 25 June 1825 | Bishop of Quebec and founder of the Church of England in the Canadas; died in office |
John Elmsley, Sr. | York | 10 December 1796 | 13 October 1802 | Became Chief Justice of Lower Canada after William Osgoode; died in Montreal, April 1805 |
John McGill | York | 10 June 1797 | 31 December 1834 | Died in office |
Henry Allcock | York | 4 January 1803 | 1 July 1805 | Moved to Lower Canada as member of the Executive Council of Lower Canada and later as Speaker of the Legislative Council of Lower Canada; died in office at Quebec City in 1808 |
Thomas Scott | York | 7 August 1806 | 29 July 1824 | Died in office |
Thomas Talbot | Port Talbot | September 1809 | 10 February 1841 | Died in London, Ontario in 1853 |
William Claus (8 September 1765–11 November 1826) |
Niagara | 1 February 1812 | 11 November 1826 | Died of cancer while in office; Indian Department official, Justice of the Peace |
Thomas Clark | Chippawa | 16 November 1815 | 13 October 1835 | Died in office |
William Dickson | Niagara | 16 November 1815 | 10 February 1841 | Retired to Niagara and died there in 1846 |
Thomas Fraser | Ernestown | 16 November 1815 | 1819 | Status unknown after 1819; died in South Dundas, Ontario in 1821 |
Neil McLean | Cornwall | 16 November 1815 | Not applicable | Never attended |
William Dummer Powell | York | 21 March 1816 | 6 September 1834 | Died in office |
John Strachan | York | 10 July 1820 | 10 February 1841 | Resigned office due to the Act of Union 1840, but remained an active member of the Family Compact |
Angus McIntosh 2 | Sandwich | 11 July 1820 | 24 July 1833 | Died in office |
Joseph Wells | York | 12 July 1820 | 10 February 1841 | Bursar of King's College |
Duncan Cameron | York | 12 July 1820 | 9 September 1838 | Died in office |
George Herchmer Markland | York | 14 July 1820 | 1838 | Resigned |
George Crookshank (23 July 1773–21 July 1859) |
York | 1 January 1821 | 10 February 1841 | Commissariat of supplies for Fort York; Assistant Commissary General 1814–1819, Receiver General of Public Accounts (1819–1820); Director of the Bank of Upper Canada 1822–1827 |
John Henry Dunn | York | 1 March 1822 | 10 February 1841 | Became Receiver General for the Province of Canada in 1841, and elected to the Legislative Council of the Province of Canada 1841–1843 for Toronto |
Thomas Ridout | York | 11 October 1825 | 8 February 1829 | Died in office |
William Allan | York | 12 October 1825 | 10 February 1841 | Retired from politics after the Act of Union of 1840, and died in 1853 |
William Campbell | York | 10 October 1826 | 18 January 1834 | Died in office |
Peter Robinson | York | 6 January 1829 | 8 July 1838 | Died in office |
Charles Jones | Brockville | 7 January 1829 | 21 August 1840 | Died in office |
James Gordon 3 | Amherstburg | 8 January 1829 | 10 February 1841 | Re-appointed |
John Beverley Robinson | York | 1 January 1830 | 10 February 1841 | Provincial Secretary 1817–1838, became a Baron in 1854, and died in 1863 |
John Kirby | Kingston | 1831 | 10 February 1841 | Not re-appointed to the Council after the union; died in Kingston in 1846 |
Augustus Warren Baldwin | York | 26 January 1831 | 10 February 1841 | Re-appointed |
Zacheus Burnham | Cobourg | 26 January 1831 | 10 February 1841 | Not re-appointed after the Act of Union, and died in Cobourg in 1857 |
John Elmsley, Jr. (19 May 1801–8 May 1863) |
York | 26 January 1831 | 10 February 1841 | Royal Navy Captain, entrepreneur, and philanthropist; supported Catholic education in York/Toronto; son of the second Chief Justice of Upper Canada |
Alexander Macdonell | Eastern District | 27 January 1831 | 10 February 1841 | Chaplain of the Glengarry Fencibles; Auxiliary Bishop of Quebec; Bishop of Kingston; founder of Regiopolis College, Kingston |
Walter Boswell | Cobourg | 29 January 1831 | 10 February 1841 | Royal Navy Captain, church warden of St. Peter's Anglican Church in Cobourg |
John Hamilton | Queenston | 29 January 1831 | 10 February 1841 | Re-appointed |
Peter Adamson | Esquesing | 2 February 1831 | 10 February 1841 | Peninsular War veteran, general, and mill owner |
James Kerby (1785–20 June 1854) |
Kingston | 2 March 1831 | 10 February 1841 | Militia captain (Incorporated Militia), businessman, justice of the peace, and mill owner |
James Crooks | West Flamborough | 16 March 1831 | 10 February 1841 | Re-appointed |
Alexander Macdonell | Kingston | 12 October 1831 | 14 January 1840 | Died in office |
Alexander Grant, Jr.4 | Brockville | 19 November 1831 | 10 February 1841 | Excused |
Arthur Lloyd | March | 6 December 1831 | 10 February 1841 | Colonel, Napoleonic War veteran |
Abraham Nelles4 | Grimsby | 5 January 1832 | 10 February 1841 | Reverend and missionary |
Thomas Alexander Stewart (10 June 1786–6 September 1847) |
Peterborough | 20 November 1833 | 10 February 1841 | Settler, justice of the peace, and mill owner |
William Morris | Perth | 22 January 1836 | 10 February 1841 | Re-appointed |
George Hamilton | Hamilton | 23 January 1836 | 20 February 1836 | Died in office |
John Macaulay | Kingston | 23 January 1836 | 10 February 1841 | Re-appointed |
Archibald McLean | Cornwall | 23 January 1836 | 10 February 1841 | Not re-appointed; later served as in the Court of Common Pleas 1850–1862, Chief Justice of the Court of Queen’s Bench for Upper Canada 1862–1863 and judge of the Court of Error and Appeal 1863–1865; he died in Toronto in 1865 |
Philip VanKoughnet | Cornwall | 23 January 1836 | 10 February 1841 | Not re-appointed; later chairman of the Canadian Board of Government Arbitrators 1870–1873 |
John Simcoe Macaulay | Toronto | 9 February 1839 | 10 February 1841 | Not re-appointed; served on Toronto City Council 1841–1842; retired to England in 1845 |
Jonas Jones (19 May 1791–30 July 1848) |
Toronto | 27 February 1839 | 10 February 1841 | Barrister and judge (Prescott and Russell, Leeds and Grenville and Stormont, Dundas and Glengarry)[1] |
Adam Fergusson | Gore District | 27 February 1839 | 10 February 1841 | Re-appointed |
Thomas Radcliff (17 April 1794–6 June 1841) |
Adelaide | 27 February 1839 | 10 February 1841 | Peninsular War veteran and militia officer; later as magistrate and customs collector (died June 1841 before assuming post)[2] |
Robert Baldwin Sullivan | Toronto | 27 February 1839 | 10 February 1841 | Provincial Secretary 1838–1841; not re-appointed to the Council after the Union; appointed to the Queen's Bench in 1848 |
Robert Charles Wilkins | Prince Edward | 14 March 1839 | 10 February 1841 | Owner of mercantile firm Shuter and Wilkins |
John McDonald | Gananoque | 20 March 1839 | 10 February 1841 | Appointed to the Council after the Union in 1841, but removed for non-attendance in 1848 |
Henry Graham | Bathurst District | 19 April 1839 | Not applicable | Never attended |
Isaac Fraser | Ernestown | 16 July 1839 | 10 February 1841 | Colonel of the Addington Militia, and justice of the peace |
Peter Boyle de Blaquière | Woodstock | 3 December 1839 | 10 February 1841 | Re-appointed |
Alexander Fraser | Eastern District | 3 December 1839 | 10 February 1841 | Re-appointed |
John McGillivray | Williamstown | 3 December 1839 | 10 February 1841 | Not re-appointed; served as a justice of the peace; died near Williamstown (South Glengarry, Ontario) in 1855 |
John Willson | Gore District | 3 December 1839 | 10 February 1841 | Not re-appointed; died in Saltfleet Township in 1860 |
Notes:
- Jacob Mountain was the Bishop of Quebec; he never attended a session but was not dropped.
- Angus McIntosh never attended a session but was not dropped; he returned to Scotland in 1831.
- James Gordon was re-appointed to the Legislative Council of the Province of Canada in October 1845.
- Alexander Grant, Jr. and Abraham Nelles did not attend after 1832.
Speakers
The Chief Justice of the Court of King's Bench was usually the Speaker of the Council:
- William Osgoode 1792–1794
- Peter Russell 1795–1796
- John Elmsley 1796–1802
- Henry Allcock 1803–1806
- Thomas Scott (judge) 1806–1816
- William Dummer Powell 1816–1825
- William Campbell (jurist) 1825–1829
- Sir John Beverley Robinson, 1st Baronet, of Toronto 1829–1840
- Jonas Jones April 1839–June 1840 (interim)
Buildings housing the Legislative Council
The Legislative Council sat in the same building as the Legislative Assembly of Upper Canada:
- Navy Hall at Newark (1792)
- first (1793–1813) and second (1820–1824) Parliament Buildings of Upper Canada at York
- residence of the Chief Justice of Upper Canada (1813–1820)
- old York County Court House on King between Toronto and Church Streets (1829–1832)
- ballroom of York Hotel at York - one session 1813
- York General Hospital (1824–1829)
- third Parliament Buildings of Upper Canada (1832–1840)
Meeting Places
- St. George's Church, Kingston - July 1792; Church demolished 1825 (replaced with St. George's Cathedral), site now Kingston Market Square across from Kingston Custom House (294 King Street East)
- In a tent and later at Navy Hall or Freemasons Hall in Newark - September 1792 – 1796
- Various buildings that housed Parliament at York - 1797-1841
See also
- Parliament of Canada
- Legislative Assembly of Upper Canada
- Legislative Council of Lower Canada
- Legislative Assembly of Lower Canada
- Legislative Assembly of the Province of Canada
- Legislative Council of the Province of Canada
- Legislative Assembly of Ontario
References
- Handbook of Upper Canadian Chronology, Frederick H. Armstrong, Toronto : Dundurn Press, 1985. ISBN 0-919670-92-X
- Dictionary of Canadian Biography Online, University of Toronto Press and Les Presses de l'Université Laval.