The Second Legislature of Quebec was the provincial legislature of Quebec, Canada from 1871 to 1875, following the general election of 1871.
The Conservative Party of Quebec held office throughout the term of the Legislature, but went through a succession of three leaders. Pierre-Joseph-Olivier Chauveau was Premier of Quebec from 1871 to 1873. Gédéon Ouimet was premier from 1873 to 1874, and Charles Boucher de Boucherville was premier from 1874 to 1875.
The Liberal Party of Quebec formed the Official Opposition, under the leadership of Henri-Gustave Joly de Lotbinière.
The Legislature held four annual sessions, with the first session called on November 7, 1871. The Legislature was dissolved on June 7, 1875, leading to the 1875 general election on July 7, 1875.
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. The Lieutenant Governor was appointed by the Governor General of Canada for a term of five years. The Legislative Assembly consisted of sixty-five members, elected in single-member constituencies by first-past-the-post elections. The Legislative Assembly was to last for four years, subject to being dissolved earlier by the Lieutenant Governor. The Legislative Council consisted of twenty-four members, appointed for life by the Government of Quebec.
The elections for the Second Legislature were conducted under the election law of the former Province of Canada, which were continued until such time as the Legislature of Quebec enacted a new election law, designed specifically for Quebec.
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 and older, were eligible to vote, and only if they met a property qualification. For residents of cities and towns, the qualification was being the owner, tenant or occupant of real property assessed at three hundred dollars, or at an assessed yearly value of thirty dollars. For residents of townships and parishes, the requirements were either an assessment of two hundred dollars, or an assessed yearly value of twenty dollars.
Women were expressly prohibited from voting, "for any Electoral Division whatever".
Judges and many municipal and provincial officials were also barred from voting, particularly officials with duties relating to public revenue. Election officials were also barred from voting.
Voting at elections was done by open ballotting, where voters publicly declared their vote to the poll officials.
Qualification for the Legislative Assembly
Candidates for the Legislative Assembly had to meet a significant property qualification. A candidate had to own real property in the Province of Canada, worth at least £500 in British sterling, over and above any encumbrances on the property.
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.
Those requirements were: Be of the full age of thirty years; Be a British subject, either natural-born or naturalised; Possess real property in Quebec worth at least $4,000, over and above any debts or incumbrances on the property; Have a net worth of at least $4,000, over and above debts and liabilities; Reside in Quebec; Reside in, or possess his qualifying real property, in the division he was named to represent.
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 in 1929, 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.
Events of the Second Legislature
The Conservatives under Premier Pierre-Joseph-Olivier Chauveau won a substantial majority in the 1871 election, although with a somewhat reduced seat count. In spite of their electoral success, the Conservatives began to fracture between an ultramontane Catholic wing and the traditional Parti Bleu supporters, who were more business oriented. Chauveau continued in office until 1873, when he resigned upon being appointed to the Senate of Canada.