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Tous les ajtres exemplaires originaux sont film6s en commen9ant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidie page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la derniire imagia de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN " Les cartes, planches, tableaux, etc., peuvent dtre film6s d das taux de reduction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est film6 d partir de Tangle supirieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 DELEGATION TO ENGLAND. fV REPORT OF THE DELEGATION TO ENGLAND, TO ARRANGE A UNION OF THE BRITISH NORTH AMERICAN PROVINCES. Frederidon, New Brunswick, 8(h 31ay, 1867. May it please Your Excellency, The undersigned Delegates, appointed by the Lieutenant Governor to arrange with Her Majesty's Government a Scheme of Union for the British North American Provinces, with the exception of the Hon. P. Mitchell and the Hon. J. M. Johnson, who sailed some days later, reached Liverpool on the 28th July last, in company with the Delegates from Nova Scotia, and immediately transmitted the following telegram to the Right Honorable the Secretary of State for the Colonies : — " Can Your Lordship favour Nova Scotia and New Brunswick Delegates " with a brief interview on Monday next : and if so, at what hour? (Signed) Charles Tupper, S. L. Tilley." The same day the following reply was received : — "Lord Carnarvon will be most happy to receive the Delegates from Nova " Scotia and New Brunswick on Monday next, at three p. m." In accordance with this intimation, the Delegates from Nova Scotia and New Brunswick waited upon His Lordship at the Colonial Olhce, and ex- plained fully the position of the Confederation question, and expressed the hope that the Delegate!i.^_from Canada, when they found that the Delegates from the Maritime Provinces had proceeded to London, would follow them by the Canadian Steamer of the 21st, and that they would soon arrive. Lord Carnarvon expressed the desire of Her .Majesty's Government to promote the object of the Mission, and said he would telegraph at once to Canada by the Cable. On the 31st July the following Note was received from Lord Carnarvon's Private Secretary : — ".^«/y 3b^l866. " Sir, — I am directed by Lord Carnarvon to inform you, that immediately after your interview of yesterday, he telegraphed to the Officer Administer- ing Canada, enquiring whether che Delegates from that Province had already started for Europe. No answer has yet been received, and owing to the intermission in the wire between Newfoundland and the main land, no immediate answer can be counted on. i *' As furthermore tlie Canadian Delegates have not yet heon reported by telegram as having pass(>d Londonderry, we cannot in any event expect to see them in London before the end of this week. " Under these circumstances, Lord Carnarvon, after much consideration, finds it impossible to hold out any hope of proposing any measure to Parlia- ment during the very short remnant of the Session.' " Lord Carnarvon wishes me to add, that such must be the answer which he will be obliged to make to-night in the House of Lords to a question of which notice has been given, as to the steps which he proposed to take with regard to Confederation. " Should you, Sir, or any of the gentlemen who are with you, wish to be present in the House of Lords to-night. Lord Carnarvon will have the great- est pleasure in introducing you. He has also written to request that places may be provided for 3'ou in the House of Commons. I have, &,c. (Signed) Cecil C. GkahAxM. The Hon. S. L. Tillev." On the 12th of September, the following Letter was addressed to Lord Carnarvon : — " Alexandra Hotel, September VZtli, 1866. " My Lord, — As Delegates from the Provinces of Nova Scotia and New Brunswick, appointed to confer with Delegates from Canada and with Her Majesty's Government, upon the question of a Confederation of the British North American Provinces, we are naturally anxious to terminate the sus- pense in which we have been left since our arrival hei'e, relative to the time Avhen we may hope to accomplish the object of our mission. " Believing, as we do, that the abrogation of the Reciprocity Treaty and the Fenian invasion of Canada, were largely owing to the failure of the Pro- vinces we represent to agree promptly to form a united Government, as pro- poeed by the Quebec Conference in 1844, and approved by the Imperial Gov- ernment, and that the adoption of Confederation would be the best means of securing the renewal of that Treaty and discouraging Fenian deesigns upon British America, the Governments of Nova Scotia and New Brunswick have been most anxious that 1.0 time should be lost in accomplishing the Union of the Provinces. " With that view, Messrs. Tupper and Archibald visited Ottawa on the 29th of June last, and after conferring with His Excellency the Governor General and the Canadian Government, it was mutually agreed that Dele- gates from the two Lower Provinces should proceed to England by the Steamer leaving Halifax on the 19th July, and that Delegates from Canada should follov/ by the Steamer leaving Quebec on the 21st July. " Subsequently, Lord Monck intimated by Telegraph that the change of Government in England wc did render it necessary to hear from England before the departure of the Delegates. The Delegates from Nova Scotia and New Brunswick, after the arrival of the latter at Halifax, jointly com- municated to the Canadian Government their views as to the necessity for immediate action, and their intention to leave on the 19th July, as arranged at Ottawa; and it was only on the eve of their departure that they received a telegram from the Hon. J. A. M'Donald, saying that Lord Monck declined to go to P]ngland or to send a Delegation until authorized by the new Secre- tary of State. At the interview with which we were honored by Your Lordship on our arrival in London on the 30th July, we understood Your Lordship to say that you would send a message by the Atlantic Cable to the Governor General, asking if the Canadian Delegates had loft, and if not, to bo vces requesting that they would come without delay. Your Lordbhip subsequently did V 3 the honor ,o inform ua that a Despatch had been sent on the 11th Aug'ust, reqnestino' the Governor General to arrange for the Canadian Defegates to proceed to England as soon as possible, and expressing the hope that in any case they would not bo later than the latter part of September. " Although we have, since our arrival, been favored with frequent oppor- tunities of discussing the question of Confederation with Your Lordship, and other Members of Her Majesty's Government, we have, up to the pre- sent time, received no information as to the period when we may expect the Delegates from Canada. We feel it therefore due to the Provinces we represent, that we should respectfully solicit Your Lordship to ascertain, and communicate to us, how soon we may expect the Delegates from Canada to arrive here, in order that we may govern ourselves accordingly. We have, &c. (Signed) Charles Tupper, S. L. TiLLEY. To the Riglit Honorable the Earl of Carnarvon; Secretary of State for the Colouies." On the same day this reply was received : — " Downing Street, 12th September, 1866. " Gentlemen, — I am directed by the Earl of Carnarvoil to acknowledge your letter of this day's date, requesting Ilis Lordship to ascertain how soon you may expect the arrival of the Delegates from Canada. " I am desired to acquaint you, that His Lordship telegraphed to Lord Monck on this subject after the interview to which you allude in your letter, but that he has not had a specific answer, nor is in possession of any information beyond what he has communicated to the Delegates at various times. On the receipt, however, of your present letter. Lord Carnarvon has telegraphed, to state the inconvenience to which the Delegates of the Lower Provinces are subject by the delay, and to enquire distinctly when their Canadian colleagues start for England. " Lord Carnarvon will communicate the result of this enquiry as soon as known to himself. I have, &c. (Signed) T. Frederick Elliot. The Honorable C. Tupper, The Honorable S. L. Tilley." On the 17th of September this letter was received : — " Dovning Street, llth Sr-ntember, 1866. " Gentlenen, — With reference to my letter of the 12th instant, I am directed by the Earl of Carnarvon to acquaint you that His Lordship has received a telegram from Lord Monck, to the ellect, that in the present state of the Fenian affairs, the principal members of the Ministry, who must be Delegates, could not leave the Province, and probably not before the closing of the navigation. " Lord Carnarvon regrets the occurrence of these unforeseen delays, which must entail so much inconvenience upon you and your colleagues, both in your public and private capacity, and he is most anxious to help you, as far as is in his power, to meet the difficulties of the present turn of afl'airs. It will, probably, be your wish to deliberate amongst yourselves as to your joint course of action, having done which. His Lordship will be happy to confer with you, and to give you his best co-operation. I have, &c. (Signed) T. Frederick Elliot. The Honorable C. Tupper, The Honorable S. L. Tillev." I The following reply was aent to Mr. Elliot on the 22nd of September: — " A/r.raiicb-a Hotil 22nd S'p/rmLrr, ISfiO. <«SrR, — We have the honor to acknowlcdiije the receipt of your letters of the 12th and 17th instant, and thank Lord Carnarvon for the prompt manner iu which His Lordship acceded to our request relating to the Communication with His Excelleijcy the Governor General, and the desire exhibited to aid us in the circumstances in which wo are placed by the delay on the part of the Delegates from Canada. " Having had an opportunity of discussing the subject, the Delegates from Nova Scotia and Xew Brunswick will be glad to be honored with an inter- view at Lord Carnarvon's convenience. "We have, &c. (Signed) Ciiarlks Tupper, S. L. TiLLEY. T. Frederick Elliot, Esq." On the same day this answer was received : — " Dmoninfj Street, 22nd Septemher, 18G6. <* Gentlemen, — In answer to your letter of this day's date, I am directed by the Earl of Carnarvon to acquaint you that His Lordship will be happy to receive the Delegates from Nova Scotia and New Brunswick, at tiiis Otiice, on Monday, at one o'clock, if that time will suit their convenience. I have, kc. (Signed) T. Frederick Elliot. The Hon. C. Tupper, The Hou. S. L. Tilley." To this letter the following reply Avas sent : — " Alexandra Hotel, September 22nd, 1866. " Sir, — In reply to your letter of this day's date, we beg to say that the Delegates from Nova Scotia and New Brunswick will do themselves the honor of waiting upon His Lordship the Earl of Carnarvon, at one o'clock, on Monday next, as intimated by you. AVe have, &c. (Signed) Charles Tupper, S. L. Tilley. T. Frederick Elliot, Esq." The Delegates from Nova Scotia and New Brunswick, after much consul- tation and mature deliberation, liaving decided to ask further pecuniary ad- vantages for the Provinces they represented, arrived at the conclusion that, if successful, similiar advantages might be reasoiudil}' extended to Prince Edward Island, and therefore a further eiFort should be made to induce Prince Edward Island to enter the Confederation, agreed to the following proposition : — "At a Meeting of the Delegates from Nova Scot'a and New Brunswick, " held at the Alexandra Hotel, London, on the 22nd day of September, " 1866, all being present except the Honorable Mr. Wilmot, it was unani- " mously resolved, that inasmuch as the co-operation of Prince Edward *' Island, though not indespensable to a Union of the other British North " American Provinces, is on many accounts very desirable, and as the settle- " ment of the Land question, which has so long and so injuriously agitated *' that Colony, would be attended with great benetit, and at the same time *' place the Local (ioverument of the Island, by the possession of the Pro- " prietary lands, more on a footing with the other Provinces, which have " Crown Lands and Minerals as a source of local Revenue ; therefore ■' ( n 1 \ I I i) *' Resolved, That in case tbe Lcgi8laturo of the Island should authoriz o " the appointment of Delegates to act in conjunction with those from !he " other I'roviiicrs, in arranging a plan of co-operation prior to the meeting " of the Imperial Parliament, the Di'legiites from Nova Scotia and New *' Brunswick are hereby pledged to support the policy of providing such an " amount as maybe necessary tor the purchase of the i)ri)prietary rights, but *' riot to exceed eiglit hundred thousand dollars, ($8UU.O0O.") (Signed) Ciiaulp:s Tupper, S. L. TiLLEY. On Monday, the 24th September, a lengthened interview took place between the Delegates and the Secretary of State for the Colonies and Sir Fred rick Rogers, when the foregoing Document was handed to Lord Car- narvon, witli a request that he Avouhi forward it to the Governor General of Canada, ami the J/ieutenant Governor of i'rince Edward Island. His Lordship was also informed that the Delegates from Nova Scotia and New Brunswick, with the exception of Messrs. Chandler and MacFarlane, who were obliged to return home an account of urgent private business, would remain and await the arrival of the Canadian Delegates. On the 18th of October, the following Letter was received from Sir Frederick Rogers : — " DoH-noif/ Street, \Sth Octoher, 18G0. " Gentlemen. — I am directed by the Earl of Carmirvon to acquaint you that His Lordship has received a Despatch from Viscount Monck, stating that the Gentlemen selected as Canadian Delegates on the subject of Con- federation, will leave Camala on the 7th Noveml)er. " They hope to assemble in this country about the 20th of that month. The Hon. C. Tipper, The Hou. S. L. Tilley." I have, (tc. (Signed) Frederick Rogers. The Delegates from Canada having arrived, the Conference on the Union of the Colonies was duly organized at the Westminster Palace Hotel on the 4th of December. The Conference was composed as follows : — Honorable J. A. MacDonald, Canada. a G. E. Cartier, (( W. P. Ilowland, (( W. M'Dougall, (< H. Langevin, u A. T. Gait, Honor able Charles Tupper, (. W. A. Ilenrv, (( J. W. Ritchie, .t Jonathan M 'Cully, (( A. G. Archibald, Honor able Peter Mitchell, (( S. L. Tilley, « R. D. AVilniot, (( Charles Fisher, (( J. Johnson, Nova Scotia. New Brunswick. On motion of Hon. C. Tupper, seconded by the Hon. S. L. Tilley, the Hon. J. A. M'Donald was appointed Chairman, II. Bernard, Esquire, was appointed Secretary. 6 The Conference continued in sosaion dc ((>'.' in diem until the 24tli Decom- Lev, wlioii the tollowinc: Ht'solutions were finally agreed upon, and triins- raittcd to the Secretary of State for the Colonies : — RESOLUTIONS Adopted at a Conference of Delegates from the Provinces of Canada, Nova Scotia, and New Brunswick, held at the Westminster Palace Hotel, London, December 24th, 18G6. 1. The beat interests and present and future i,)rosperity of British North America will be promoted by a Federal Union under the Crown of Great Britain, provided such Union can be effected on principle^* just to the several Provinces. 2. In the Confederation of the British North American Provinces, the sys- tem of Government best adapted under existing circumstances to protect the diversified interests of the several Provinces, and secure ofiiciency, harmony, and permanency in the working of the L^nion, is a General Government charged with matters of common interest to the whole country, and Local Governments for each of the Canadas, and for the Provinces of Nova Scotia and New Brunswick, charged with the control of local matters in their res- pective sections, provision being made for the admission into the Confede- ration, on equitable terms, of Newfoundland, Prince Edward Island, the North West Territory, and British Columbia. 3. In framing a Constitution for tlie General Government, the Conference, with a view to the perpetuation of the connexion with the Mother Country, and the promotion of the best interests of the people of these Provinces, desire to follow the model of the British Constitution so far as circumstances will permit. 4. The Executive Authority or Government shall be vested in the Sove- reign of the United Kingdom of Great Britain and Ireland, and be admin- istered according to the well understood principlesof the British Constitution, by the Sovereign personally, or by the liepresentative of the Sovereign duly authorized. o. The Sovereign shall bo Commander in Chief of the Laud and Naval Militia Forces. G. There shall be a General Legislature or Parliament for the Confederation, composed of the Sovereign, a Legislative Council, and a House of Commons. 7. For the purpose of forming the Legislative Council, the Confederation shall be considered as consisting of three divisions : — 1st, Upper Canada ; 2nd, Lower Canada; and Jird, Nova Scotia and New Brunswick ; each divi- sion with an equal liepresentation in the Legislative Council. 8. Upper Canada shall be represented in the Legislative Council by 24 Members ; Lower Canada by 24 Members ; and the Maritime Provinces by 24 ]\Iembers, of which Nova Scotia shall have 12 and New Brunswick 12 Members. 9. The Colony of Prince Edward Island, when admitted into the Con federation, shall be entitled to a Representation of four Members in the Legislative Council. But in such cifSethc Members allotted to Nova Scotia and New Brunswick shall be diminished to 10 each, such diminution to take place in each Province as vacancies occur. 10. The Colony of Newfoundland, when admitted into the Confederation, shall be entitled to a Representation in the Legislative Council of four Members. 11. The North AYcst Territory and British Columbia shall be admitted into Decern- d trana- a, Nova J Hotel, li North )f Great c several , the sye- otcct the arniony, ernmeiit id Local ra Scotia ;heir res- Confedc- and, the iference, Country, rovinccs, mstauces ;he Sove- e admin- stitution, igu duly id Naval deration, omnions. ederation Canada ; iSLch divi- cil by 2-t vinces by iBwick 12 the Con rs in the »va Scotia 3n to take Kleration, il of four littcd into 7 the Union on such terms and conditions as the Parliarnent of the Confede- ration Hhall deem equitable, and as sludl rcceivfMlio assent of llie Sovereign ; :ind ill case of the I'rovincu of Uritish Culumbia, as shall bo agreed to by the Legisliiture of such J'rovince. 12. The Members of the legislative Council shall be appointed by the Crown, under the (Jrcat Seal of the (loneral Government, from among resi- dents f)f the Province for which they are severally np])ointed, and (shall hold otHco during life. If any Legislative Councillor shall, for two corsecutive Sessions of Parliament, full to give his attendance in the said Council, his Seat shall thereby become vacant. lo. The Members of the Lcgi.-ilativc (Council shall bo British subjects by l.)irth or mituraliz-ation, of the full age of thirty years; shall each possess in the Province for which they are appointed a continuous real property quali- lication of four thousand dollars over and above all incumbrances, and shall bo and continue worth that sum over and above their debts and liabilities, and shall possess a continuous residence in the Province i'ov which they are appoinlcd, except in the case of persons holding positions which require their attendance at the Seat of (Jovernment i)ending their tenure of otlico. 14. If any (piestion shall arise as to the qnallHcation of a Legislative Councillor, the same shall, bo determined by the Legislative Council. 15. The Members of the Legislative Council for the Confederation shall, in the iirst instance, be appointed ujion the nomination of the Executive Governments of Canada, Nova Scotia, and New Brunswick, respectively, and the number alloted to each Province shall be !ion:inated from the Le- gislative Councils of the different Provinces, due regard being had to the fair representation of both political paities ; but in case any Member of the Local Council, st> nominated, shall decline to accept it, it shall be compe- tent for the Executive Government, in any Province, to nominate in his place a person who is not a Member of the Local Council. 10. The Speaker of the Legislative Council, (unless otherwise provided by I'arliamcnt), shall 1)0 appointed by the Crown from among the 5lembers of the Legislative Council, and shall hold office during pleasure, and shall only be entitled to a casting vote on an ecjuality of votes. 17. Each of the twent_y four Legislative Councillors, representing Lower Canada in the Legislative Council of the Cieneral Legislature, shall be appointed to represent one of the twenty four Electoral Divisions mentioned in ScIkkIuIo A of Chapter 1 of the Consolidated Statutes of Canada, and such Councillor shall reside or possess his qualification in the I^ivision he is appointed to represent. 18. The basis of representation in the House of Commons shall be popu- lation, as determined by the official Ccnsns every ten years, and the number of Members at first shall be one hundred and eighty one, distributed as follows : — Upper Canada, 82. Lower Canada, 65. Nova Scotia, 19. New B ru n swick, 15. 19. Until the firs. General Election after the official Census of 1871 has been made up, tber'^ shall bo no change in the number of liepresentatives from the several sections. 20. Immediately after the completion of the Census of 1871, and imme- diately after every decennial Census thereafter, the representation from each Province in the House of Commons shall be re-adjusted on the basis of population, such z'e-adjustmeut to take effect on the termination of the then cxistine: Parliament. f 8 21. For the |iui'po8o of hucIi rc-adjiiHtmcnt, Lower Ciinada shall always bo nssisjnod .sixty livi' Motnbi'Prt, aiul each of the other Proviiiees HJiall, at each re-adjiistnieiit, receive for the next ten years thou next siiecoedin;; the mini- ber of Metiiber.s to which it will bo entitled on the same ratio of rei/renenta- tion to popidation as Lower Canada will enjo}- according to tho Census then last taken by having sixty five Members. 22. No reduction shall bo nmdo in the number of Members returned by any Province uidess its ]K»puIation shall have decreased, relatively to tho I)Of)ulation of the whole Union, to the extent of Hvo per centum. 2;5. In com]-uting at each decennial period tho number of Members to which each Province is entitled, no fractiomd parts shall be considered, utdess when exceeding one half tho number entitling to a Member, in which case a Member sliall lie given for each ;snch fractional part. 24. The number of Members may at any time be increased by the General Parliament, regard being bad to the proportionate riglits then existing. 2."). Until provisions are made by the General Pailiament, all the Laws which at tho date of the Proclamation constituting the Uinon are in force in the Province respectively, reUiting to the (]ualitication and disqualitication of any person to be elected, or to sit or vote as a Member of tho Assembly in tho said Province respectively, and relating to the qualiilcation or dis- qualification of voters, and to the oaths to bo taken by voters, and to lleturning GiUcers, and their powers and duties ; and relating to the pro- ceedings at Elections, and to tho period during which such Elections may be continued; and relating to the trial of Controverted Elections, and the proceedings incident thereto ; and relating to the vacating of seats of Mem- bers, and to tho issuing and execution cf new Writs in case of any seat being vacated otherwise tljan by a dissolution, shall respectively apply to Elections of Members to serve in the llo-^so of Commons for places situate in those Provinces respectively. 20. Every House of Commons shall continue for live years from tho day of the return of the Writs ch -lOSMig the same, and no longer; subject, nevertheless, to be sooner prorogued or dissolved by the Governor General. 27. There shall be a Session of tho General Parliament once at least in every year, so that a period of twelve calendar months shall not interveno between the last sitting of the General I'arliament in one (Session and the first sitting thereof in the next Session. 28. The General Parliament shall have power to make Laws for the peace, welfare and^good government of the Confederation, (saving the Sovereignty of England,) and especially LaAvs respecting the following subjects : — 1. The Puldic Debt and Property. 2. The regulation of Trade and Commerce. 3. The raising of Money by all or any mode or system of taxation. 4. The borrowing of Money on tho I'ublic Credit. 5. Postal Service. 6. Lines of Steam and other Ships, Railways, Canals, and other works connecting any two or more of the Provinces together, or extend- ing beyond the limits of any Province. 7. Lines of Steamships between the Confederated Provinces and other Countries. 8. Tele aphic communication and the incorporation of Telegraph Companies. 9. All such Avorks as shall, although lying wholly within any Province, be specially declared by the Acts authorizing them to' be for the general advantage. rays bo at eacli mini- rt'Ht'nta- iua then rued by r to the ihers to side rod, 11 which General le Laws in force iticatioii ssenibly II or dis- and to the pro- Diis may and the of Mem- iiiy seat upply to 8 situate the day subject, General. Icawt in ntervene and the c peace, ercignty ion. er works extend- nd other elegraph rovince, 5 for the 10. The Census and Statistics. 11. Militia, Military and Naval Service, and Defence. 12. Beacons, Buoys, Ijght Houses, and Sable Ulund. 13. Navigation and Shipping. 14. Quaranline. 1."). Sea Coast and Inland Fisheries. IG. Ferries between any Provuice and a Foreign Country, or between any two Provinces. 17. Currency and Coinage. 18. Banking, incorporation of Banks, and the issue of Paper Money. 19. Savings BanlsS. 20. Weights and Measures. 21. Bills of Exchange uud Promissory Notes. 22. Interest. 23. Legal Tender. 24. Bankruptcy and Insolvency. 25. Patents of Invention and Discovery. Copyrights. Indians, and Lands reserved for tho Indians. Naturalization and Aliens. Marriage and Divorce. The Criminal Lav, excepting tlie Constitution of Courts of Criminal Jurisdiction, but including the pivipcdure in criminal matters. „.. The establishment, maintenance, and management of Penitentiaries. 32. Kendering uniform all or any of the Laws relative to property and civil rights in Upper Canada, N(.va Scotia, and New Brunswick, and rendering uniform the procedure of all or any of the Courts in these Provinces; but any Statute for this purpose shall have no force or authority in aii_s Province until sanctioned by tho Legis- lature thereof; and tho power of repealing, amending or altering such Laws shall thenceforward remain with the General Parliament only. 33. The establishment of a General Court of Appeal for the Confederation. 84. Immigration. 3"). Agriculture. 30. And generally respecting all matters of a general character not specially and exclusively reserved for the Local Legislatures 29. The General G 20. 27. 28. 29. 30. 31. eces- rt en 29. The General Government and Purliameiit sliull have all powers necei sary or [iroper f.)r perforrning the obligations of the d. Tederation, as pai of the British Kmpirc*, to Foreign Countries, arising und'. ; Treaties betwee Great Britain and sn"h Countries. 30. Tho powers and privileges of the House of Commons of the United Kingdom of Great Britain and Ireland shall be held to ajipertain to tho House of Commons of the Confederation, and the powers and })rivilege8 appertaining to the House of Lords in its Legislative capacity shall be held to appertain to the Legislative Council. 31. The General Parliament may from time to time establish additional Courts, and the General Government may appoint Judges and Officers thereof, when the same shall appear necessary or for the jmblic advantage, in order to the due execution of the Laws of such Parliament. 82. All Courts, Judges and Officers of the several Provinces shell aid, ist and obey the General Government in the exercise of its rights and assist powers, and for such purposes shall be held to be Courts, Judges and Officers of the General Government. JO 83. Tbe General Government shall appoint and pr.y the salaries of the Judges of the Superior and District and County Coarts in 0{»<;h i'roviucc, andrarlianient shall fix their salaries. 34. Until the consolidation of the Laws of Upper Canada, Nova Scotia, and New Brunswiclc, the Judges of these Provinces, appointed ly the Gene- ral Government, shall be selected from their respective Bars. 35. The Judges of the Courts of Lower Canada shall be selected from the Bar of Lower Canada. 36. The Judges of the Court of Admiralty shall be paid by the General Government. 37. The Judges of the Superior Courts shall hold their offices during good behaviour, and shall be removable on the Address oi both Houses of Par- liament. 38. For each of the Provinces there shall he an Executive Officer styled the Governor, who snail be appointed hj- the Governor General in Council, under the Great Seal oi' the Confederation, during pleasure ; such pleasure not to be exercised before the expiration of the first five years, excei)t for cause, such cause to be communicated in writing to vhe Governor imme- diately after the exercise of the jtleasure as aforesaid, and also by Message to both Houses of Parliament within the first week of the first Session nfter- wards ; but the appointment of the first Governors shall be provisional, and they shall hold office strictly during [ileasure. 39. The Govarnor of each Province shall be paid by the General Govern- ment. 40. The Local Government and Legislature of each Province shall be constructed in such manner as the Legislature of each such Province shall provide. 41. The Local Legislature shall have power to make Laws respecting the following subjects : — 1. The altering or amending their C!onstitution from time to time. 2. Direc;t taxation, and in the case of New Brunswick, the right of levy- ing Timber Dues by the mode and to the extent now established by Law, provided such Timber be not the produce of the other Provinces. 3. Borrowing money on the credit of the Province. 4. The establishment and tenure of local offices, and the appoiutmrit and payment of local officers. 5. Agriculture. 6.< Immigration. 7. Education, saving the rights and privileges which the Protestant or Catholic minority in any Province ma'- have by Laws as to Denomi- national Schools at the time when the Union goes into oi»eration. And in any Province where n, system of separate or dissentient Schools by Law outains, or where the Local Legislature may here- after adopt a system of separate or dissentient Schools, an appeal shall lie to the Governor General in (younci! of the General Govern- ment from the acts and decisions of the local authorities, which may affect the rights or privileges of the Protestant iv ('atholic minority in the matter of education. And the General Parliament shall have power in the last resort to legislate on the subject. 8. The sale and management of Public Lands, excepting Lands belong- ing to the General Government. 9. The establishment, maiuteuuuce and management of Public and Reformatory Prisone. in ji 50 Iowa » of the oviuce, Scotia, 3 Geue- *om the General ns; good of Fivr- sr fityled Council, pltaeure (!2.500,000. Nova Scotia shall enter the Union with a debt not exceeding ^8,000.000; and New Brunswick with a debt not exceeding $7,000,000. JUit this stipu- lation is in no respect intended to limit the - nvers given to the respective Governments of those Provinces by Legislative authority, but only to deter- mine the ma:timura amount of charge to be assumed by the General Gov- ernment. i ei o sr any Bill i, he Gover- 1 I va, subject I merits, the of Lower othei Pro- leybelong- luiter luen- 711) ce shall jhts due by rgs, except for the use I known as f war ; and Majesty, in I, and *Nevv Local Gov- ject to any interest of i, Klines or cal Govern- )ebt of any ) belong to rty therein, ly lands or country, liabilities of and Lower ,Snly to deter- eneral Gov- 13 61. In case Nova Scotia or New Brunswick should not have contracted debts at the date of the Union eqnnl to the amount with which tiiey are ro.^pictivcly entitled to enter the Confederation, they shall receive, by half- yearly ]>aynient, in advance from tlie General Government, the interest at live per cent, on the difference between the actual amount of their respec- tive debts and such stipulated amounts. 62. In consideration of the transfer to the General Parliament of the powers of taxation, the foUowinc^ sums shall be paid by the General Gov- ernment to each Province, for the support of their Local Governments and Legislatures : — Upper Canada, $80,000 Lower Canada, 70,000 Nova Scotia, " 60,000 New Brunswick, 50,0^^0 6260,000 And an annual grant in aid of each Province shall be made, equal to 80 cents per head of the population, as CHstablished by the Census of 1861 ; and in the case of Nova Scotia and New Bruiiswiek by each subsequent decen- nial Census, until the population of each of those Provinces shall amount to 400,000 souls, at which rate it shall thereafter remain. Such aid shall be in full settlement of all future demands upon the General Government for local purposes, and shall be paid half-yearly in advance, to each Province ; but the General Government shall deduct from such subsidy all suras paid as interest on the public debt of any Province in excess of the amount pro- vided under the 60th Kesolution. 63. The position of New Brunswick being such as to entail large immediate charges upon her local re\.onues, it is agreed that for the period of ten years from the time when the Union takes effect, an additional allowance of 5^63,000 per annum shall be made to that Province ; 1-ut that so long as the liability of that Province remains under $7,000,000, a deduction equal to the interest on such deficiency shall be made from the $63,000. 64. All engagements that may before the Union be entered into with the Imperial Government for the defence of the Country shall be assumed by the General Government. 65. The construction of the Inter-Clonial Railway being essential to the consolidation of the Union of British North America, and to the assentof the Maritime Provinces thereto, it is agreed that provision be made for its immediate construction bv the GenerarGovernment, and that the Imperial guarantee for £3,000,000 Sterling, pledged for this work, be applied thereto, so soon as the necessary authority has been obtained from the Imperial Parliament. {j(j. The communication with the North A7estcrn Territory, and^ the improvements required for the development of the Trade of the Great West with the Seaboard, are regarded by this Conferen<;e as subjects of the highest importance to the Confederation, and shall be prosecuted at the earliest possible period that the state of the finances will permit. 67. The sanction of the Imperial Pi'.rliament shall besought for the Union of the Provinces on the principles adopted by this Conference. as. That ller Majesty the Queen be solicited to determine the rank and name of the Confederation. Hiill P M 14 69. That a copy of these Resolutions, sipiod by the Chairman and Secre- tary of the Conference, be submitted to the Right Honorable the Secretary of State for the Coloriies. (Signed) JOHN- A. MACDONALD, Chairman. II. BERNARD, Secretary. On the 24th of January a lengthened interview took place at the residence of Lord Carnarvon, between the Members of the Conference and His Lord- ship, together with the Right Honorable C. B. Adderley, Sir Frederick Rogers, and Lord Monck. At this, and subsequent interviews, the promi- nent points in the Bills which had been in the meantime prepared by the Conference and Her Majesty's Government, were discussed at length, until the following Bill was finally agreed upon : — BRITISH NORTH AMERICA BILL. Clause. L o ARRANGEMENT OF CLAUSES. I. Preliminary. 3. 4. 5. 6 7. 8. 9. Short Title. Application of Provisions referring to the Queen. II. Union. Declaration of Union. Construction of subsequent Provisions of Act. Four Provinces. Provinces of Ontario and Quebec. Provinces of Nova Scotia and New Brunswick. Decennial Census. III. Executive Power. Declaration of Executive Power in the Queen. 10. Application of Provisions referring to Governor General. 11. Constitution of Privy Council. 12. Powers to be exercised by Governor General with advice or alone. 13. Application of provisions referring to Governor General in Council. 14. Appointment of Deputies by Governor General. 15. Command of Armed Forces, IG. Seat of Government of Canada. IV. Legislative Power. 17. Constitution of Parliament of Canada. 18. Privileges, &c. of Houses. 19. First Session of the Parliament. 20. Yearly Session of the Parliament. The Senate. 21. Number of Senators. 22. Representation of Provinces in Senate. 23. Qualifications of Senators. 24. 25. 26. 27. 28. Summons of Senators. Summons of First Body of Senators. Addition of Senators in certain cases. Reduction of Senate to normal number. Maximum number of Senators. 29. Tenure of place in Senate. 15 d Secre- ecretary irman. esiclenco is Lord- rederick e promi- l by the th, until •it: I I alone. Council. 41. 42. 43. 44. Clause. 30. Resiojnation of place. 31. Disqiiaiiticution of Scnatois. 32. Siinunona on vacancy. 33. Questions as to vacancies, &c. 84. Speaker of Senate. 35. Quorum of Senate. 36. Voting in Senate. The House of Commons. 37. Constitution of House of Commons. 38. Snmmoniriff of House of Commons. 39. Exclusion of Senators. 40. Electoral Districts of the Four Provinces : — 1. Ontario. 2. QUKBEC. 3. Is' OVA Scotia. 4. Nkw Brunswick. Continuance of existing Election Laws. Writs for First Election. Casual Vacancies. Speaker of House of Commons. 45. Vacancy in office of Speaker. 46. Speaker to preside. 47. Provision for absence of Speaker. 48. Quorum of House of Commons. 49. Voting in the House of Commons. 50. Duration of House of Commons. 51. Decennial re-adjustment of Representation. 52. Increase of number of House of Commons. Money Votes — Royal Assent. 53. Appropriation and Tax Bills. 54. Kecommendation of Money Votes. 55. Koyal Assent to Bills, &c. 56. Disallowance by Order in Council of Act assented to by Governor General. 57. Signification of Pleasure on Bill reserved. V. Provincial Constitutions. Executive Power. 58. Lieutenant Governors of Provinces. 59. Tenure of office of Lieutenant Governor. 60. Salaries of Lieutenant Governors. 61. Oaths, &c. of Lieutenant Governors. 62. Application of Provisions referring to Lieutenant Governors. 63. E>:ecntive Councils of Ontario and Quebec. 64. Executive Government of Nova Scotia and Xew Brunswick. 65. Powers to be exercised, by Lieutenant Governor of Ontario or Que- bec, with advice or alone. 66. Application of Provisions referring to Lieutenant Governor in Council. 67. Administration in absence, &c. of Lieutenant Governor. 68. Seats of Provincial Governments. m is I i • 16 Legislatures of Provinces. 1. Ontario. Clause. „ r^ . • G9. Legislature for Ontario. 70. Electoral Districts. 2. Quebec. 71. Lej^islature for Quebec. 72. Constitution of Legislative Council. 73. Qualitication of Legislative Councillors. 74. Disqualiticatiou of Legislative CounciUora. 75. Vacancies. 76. Questions as to Vacancies, &c. 77. Speaker of Legislative Council. 78. Quorum of Legislative Council. 79. Voting in Legislative Council of Quebec. 80. Constitution of Legislative Assembly of Quebec. 3. Ontario and Quebec. 81. First Session of Legislatures. 82. Summoning of Legislative Assemblies. 83. Rostrictionon Election of holders of Office. 84. Continuance of existing Election Laws. 85. Duration of Legislative Assemblies. 86. Yearly Ses-ion of Legislature. 87. Speaker, Quorum, &c. 4. Nova Scotia and Kew Brunswick. 88. Constitutions of Nova Scotia and New Brunswick. 5. Ontario, Quebec, and Nova Scotia. 89. First Elections. 6. The Four Provinces. 90. ApplicationtoLegislaturesof Provisions respecting Money Votes, &c. VL Distribution of Legislative Powers. Powers of the Parliament. 91. Legislative autbority of Parliament of Canada. Exclusive Powers of Provincial Legislatures. 92. Subjects of exclusive Provincial Legislation. Education. 93. Legislation respecting Education. Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick. 94. Legislation for uniformity of Laws in three Provinces. Agriculture — Immigration — Public Works. 95. Concurrent powers of Legislation respecting Agriculture, &c. VII. Judicature. 96. Appointment of Judges. 97. Selection of Judges in Ontario, &c. 98. Selection of Judges in Quebec. I I 1 ? 102. \ 103. .?! 104. ^ 105. 1 106. 1 107. 1 108, '^- 109. A 110. 111. f 112. :* 113. 114. 115. 116. 117. 118. 119. : 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 130. 137. 138. 139. 140. 141. 142. 143. 144. 17 Clause. 99. Tenure of office of Judges of Superior Courts. 100. Salaries, &c. of Judges: 101. General Court of Appeal, &c. • VIII. Revenues — Debts — Assets — Taxation. Creation of Consolidated Revenue Fund. Expenses of Collection, &c. Interest of Provincial Public Debts. Salary of Governor General. Appropiiation from time to time. Transfer of Stocks, &c. Transfer of Property in Schedule. Property in Lauds, Mines, &c. Assets connected with Provincial Debts. Assumption of Provincial Debts. Debts of Ontario and Quebec. Assets of Ontario and Quebec. Debt of Nova Scotia. Debt of New Brunswick. Payment of Interest to Nova Scotia and New Brunswick. Provincial Public Property. Grants to Provinces. Further Grant to New Brunswick. Form of Payments. Canadian Manufactures, &c. Continuance of Customs and Excise Laws. Exportation and Importation as between two Provinces. Lumber Dues in New Brunswick. Exemption of Public Lands, &c. Provincial Consolidated Revenue Fund. IX. Miscellaneous Provisions. General. Legislative Councillors of Provinces becoming Senators. Oath of Allegiance, &c. Continuance of existing Laws, Courts, Offices, &c. Transfer of Officers to Canada. Appointment of new Officers. Treaty Obligations. Use of English and French Languages. Ontario and Quebec. Appointment of Executive Officers for Ontario and Quebec. Powers, Duties, &c. of Executive Officers. Great Seals. Construction of temporary Acts. Errors in Names. Proclamations commencing after Union. Issue of Proclamations after Union. Penitentiary. Arbitration respecting Debts, &c. Division of Records, &c. Constitution of Townships in Quebec. 3 ■H mgOBBsmmm I IS X. Inter-Colonial Railway. 145. Duty of Government of Canada to make Railway. XI. Admission of other Colonies. 146. Power to admit Newfoundland, &c. 147. Representation of Newfoundland and Prince Edward Island in Senate. Several conferences between the Imperial Government and the Delegates resulted in the adoption of the following? Bill, which was subsequently passed by Parliament and received Her Majesty's assent; the only change made was the introduction of the word "Male" in the 41st and 84th Sections. m IIS ii '' m llrl i 1 ANNO TRICESIMO VICTORI.Ii: REGIN^E. CAP. III. An Act for the Union of Canada, Nova fecotia, and New Brunswick, and the Government thereof, and for purposes connected therewith. [ 2dth March, 1867. ] Whereas the Provinces ofOanada, Nova Scotia, and New Brunswick, have expressed their desire to be federally united into one Dominion, under the Crown of the United Kingdom of Great Britain and Ireland, with r. Constitution similar in principle to that of the United Kint^dom : Ar.d whereas such a Union would conduce to the welfare of the Provinces, and promote the interests of the British Empire: And whereas on the estab- lishment of the Union, by the authority of Parliament, it is expedient, not only that the Constitution of the Legislative authority in the Dominion be provided for, but also that the nature of the Executive Government therein be declared : And whereas it is expe- dient that provision be made for the eventual admission into the Union of other parts of British North America : — Be it therefore enacted and declared by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — I. Preliminary. 1. This Act may be cited as " The British North America Act, 1867." 2. The provisions of this Act referring to Her Majesty the Queen, extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. II. Union. 3. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honorable Privy Council, to declare by Proclamation that, on and after a day therein appointed, not being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick, shall form and be one Dominion, under the namo of Canada ; and on and after that day those three Provinces shall form and be one Dominion under that name accordingly. 4. The subspquent provisions of this Act shall, unless it is otherwise expressed or implied, commence and have eflFect on and after the Union, that is to say, on and after the day appointed for the Union taking effect in the Queen's Proclamation ; and in the 19 and in elegates iquently chancre ud 84th ick, and th. 1867. ] expressed ihe United 5 to that of fare of the 1 the estab- that the also that it is expe- er parts of ty, by and ns, in thia ilso to the [ingdom of sty's Most lay therein Provinces under the and be one [pressed or and after land in the same provisions, unless it is otherwise expressed or implied, the name Canada shall bo taken to moan Canada as constituted under this Act. 6. Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick. G. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada, shall be deemed to be severed, and shall form two separate Provinces. The part which for- merly constituted the Province of Upper Canada shall constitute the Province of Ontario j and the part which formerly constituted the Province of Lower Canada shall constitute the Provin- ) of Quebec. 7. The Provinces of Nova Scotia and New Brunswick shall have the same limits as at the passing? of this Act. 8. In the general Census of the Population o/ Cant. . which is hereby required to be taken in the year one thousnnd eight hundred and seventy one, and in every tenth year thereafter, the respective Populations of the four Provinces shall be distinguished. III. Executive Power. 9. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen 10. The provisions of this Act referring to the Governor General, extend and apply to the Governor General for the time being of Canada, or other the Chief Executive OflScer or Administrator for the time being, carrying on the Government of Canada on behalf and in the name of the Queen, by whatever title he is designated. 11. There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen's Privy Council for Canada, and the persons who are to be Members of that Council shall be from time to time chosen and ummonod by the Governor Genera! and sworn in as Privy Councillors, and Members thereof may be from time to time removed by the Governor General. 12. All powers, authorities and functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Bruns- wick, are at the Union vested in or excrciseable by the respective Governors or Lieutenant Governors of those Provinces, with the advice, or with the advice and consent, of the respec- tive Executive Councils thereof, or in conjunction with those Councils, or with any num- ber of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and excrciseable by the Governor General, with the advice, or with the advice and consent of, or in conjunction with the Queen's Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parlia- riient of Canada. 13. The provisions of this Act referring to the Governor General in Council, shall be construed as referring to the Governor General acting by and with the advice of the Queen's Privy Council for Canada. 14. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Gover- nor General from time to time to appoint any persons, or any persons jointly or severally to be his Deputy or Deputies within any part or parts of Canada, and in that capacity to 20 •xerciso during the pleasure of the Governor General such of the powers, anthoritieB and functions of the Governor General, an the Governor General dcema it necessary or expe- dient tu assign to him or them, subject to any Limitations or Directions expressed or given by the Queen ; but the appointment of such a Deputy or Deputies shall not affect the exercise by the Governor General himself of any power, authority or function. 15. The Command in Chief of the Land and Naval Militia, and of all Naval and Mili- tary Forces, of and in Canada, is hereby declared to continue and be vested in the Queen. 16. Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa. IV. LEaisLATivE Power. 17. There shall be one Parliament for Canada, consisting of the Queen, and Upper House styled the Senate, and the House of Commons. 18. The privileges, immunities and powers to be held, enjoyed and exercised by the Senate and by tha House of Commons, and by the Members thereof respectively, shall be such aji are from time to time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the Members thereof. 19. The Parliament of Canada shall be called together not later than six months after the Union. 20. There shall be a Session of the Parliament of Canada once at least in every year, eo that twelve months shall not intervene between the last sitting of the Parliament in one Session and its first sitting in the next Session. The Senate. 21. The Senate shall, subject to the provisions of this Act, consist of seventy two Mem- bers, who shall be styled Senators. 22. In relation to the Constitution of the Senate, Canada shall be deemed to consist of three Divisions : 1. Ontario; 2. Quebec ; 3. The Blaritime Provinces Nova Scotia and New Brunswick ; which three Di\ .sions shall (subject to the provisions of this Act) be equally represented in the Sena\e as follows : — Ontario by twenty four Senators ; Quebec by twenty four Sena- tors ; and the Maritime Provinces by twenty four Senators, twelve thereof representing Nova Scotia, and twelve thereof representing New Brunswick. In the case of Quebec each of the twenty four Senators representing that Province shall be appointed for one ot the twenty four Electoral Divisions of Lower Canada specified in Schedule A to Chapter one of the Consolidated Statutes of Canada. 23. The qualifications of a Senator shall be aa follows : — , (1.) He shall be of the full age of thirty years. (2.) He shall be either a natural born subject of the Queen, or a subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of one of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada after the Union. (3.) He shall be legally or equitably seised as of freehold for his own use and benefit of Lands or Tenemente held in free and commou socage, or seised or possessed un( to of i ins fit by the mo rec Set for res G( Se 21 for his own use and benefit of Lands or Tenements held in Francalhn or Iloture, within the Province for which he is Appointed, of the value of four thousand dollars over and above all rents, dues, debts, charges, mortgages, and incumbrances due or payable out of or shargcd on or affecting the same. (4.) His real and personal property shall be together worth four thousand dollars over and above his debts and liabilities. (5.) He shall be resident in the Province for which ho is appointed. (6.) In the case of Quebec, he shall have his real property i{ualification in the Elec- toral Division for which ho is appointed, or shall be resident in that Division. 24. The Governor General shall from time to time, in the Queen's name, by Instrument under the Great Seal of Canada, summon qualified persons to the Senate ; and, subject to the provisions of this Act, every person so summoned shall become and be a Member of the Senate and a Senator. 'lb. Such persons shall be first summoned to the Senate as the Queen by Warrant, under Her Majesty's Royal Sign Manual, thinks fit to approve, and their names shall be inserted in the Queen's Proclamation of Union. 26. If at any time, on the recommendation of the Governor General, the Queen thinks fit to direct that three or six Members be added to the Senate, the Governor General may by summons to three or six qualif ed persons (as the case may be) representing equt My the three divisions of Canada, add to the Senate accordingly. 27. In case of such addition being at any time made, the Governor General shall not sum- mon any person to the Senate except on a further like direction by the Queen on the like recommendation, until each of the three divisions of Canada is represented by twenty four Senators and no more. 28. The number of Senators shall not at any time exceed seventy eight. 29. A Senator shall, subject to the provisions of this Act, hold his place in the Senate for life. 30. A Senator may by writing under his hand, addressed to the Governor General, resign his place in the Senate, and thereupon the same shall be vacant. 31. The place of a Senator shall become vacant in any of the following cases : — (1.) If for two consecutive Sessions of the Parliament he f«SJ|to give his attendance in the Senate. (2.) If he takes an oath or makes a declaration or acknowledgment of allegiance, obedience or adherence to a Foreign Power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a Foreign Power. (8.) If he is adjudged bankrupt or insolvent, or applies for the benefit of any Law relating to Insolvent Debtors, or becomes a public defaulter. (4.) If he is attainted of treason, or convicted of felony or of any infamous crime. (5.) If he ceases to be qualified in respect of property or of residence ; provided that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the Seat of the Government of Canada while holding an oflBco under that Government requiring his presence there. 32. When a vacancy happens in the Senate by resignation, death, or otherwise, the Governor General shall, by summons to a fit and qualified person, fill the vacancy. 38. If any question arises respecting the qualification of a Senator, or a vacancy in the Senate, the same shall be heard and determined by the Senate. 22 H4. The Governor General may from time to time, by Instrumont under the Great Real of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in bin ntoad. 85. Until the Parliament of Canada otherwise provides, the preHonco of at least fiftcan Senators, ir. jludiiig the Speaker, shall be necoMury to constitute a Meeting of the Senate for the exercise of it» poworw. 86. tjuestions arising in the Senate shall be decided by a majority of voicei, and the Speaker shall in all cases have a vote, and when the voices are equal the decision shall bo deemed to be la the negative. TuE House of Commons. 87. The House of Commons shall, subject to the provisions of this Act, consist of one hundred and oiTne, by Instrumt it under the Great Seal of Quebec, shall appoint a fit and qualified person to fill the vacancy. 76. If any question arises respecting the qualification of a Legislative Councillor of Quebec, or a vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council. 77. The Lieutenant Governor may, from time to time, by Instrument under the Great Seal of Quebec, appoint a Member of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his stead. 78. Until the Legislature of Quebec otherwise provides, the presence of at least ten Members of the Legislative Council, including the Speaker, shall be necessary to consti- tute a meeting for the exercise of its powers. 79. Questions arising in the Legislative Council of Quebec shall le decided by a majority of voices, and the Speaker shall, in all cases, have a vote, and when the voices are equal, the decision shall be deemed to be in the negative. 80. The Legislative Assembly of Quebec shall be composed of sixty five 3fembers, to be elected to represent the sixty five Electoral Divisions or Districts of Lower (^anada in this Act referred to, subject to aiieration thereof by the Legislature of Quebec ; provided that it shall not be lawful to present to the Lieiucnant Governor of Quebec fur a-- ont, any Bill for altering the limits of any of the Electoral Divisions or Districts mentioned in 27 the second Schedule to this Act, unless the second and third readings of such IJill have been passed in the Legislative Assembly, with the concurrence of the majority of the Members representing all those Electoral Divisions or Districts, and the assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor, stating that it has been so passed. 3, Ontario and Quebec. 81. The Legislatures of Ontario and Quebec respectively, shall be called together not later than six months after the Union. 82. The Lieiltonant Governor of Ontario and of Quebec, shall, from time to time, in the Queen's name, by Instrumer ^ under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province. 83. Until the Legislature of Ontario or of Quebec otherwise provides, a person accept- ing or holding in Ontario or in Quebec any office, commission, or employment, perma- nent or temporary, at the nomination of the Lieutenant Governor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind, or amount whatever from the Province is attached, shall not be eligible as a Jlember of the Legislative Assembly of the respective Province, nor shall ho sit or vote as such ; but nothing in this Section shall make ineligible any person being a Member of the Execu' \e Council of the respective Province, or holding any of tbe following offices, that is to say, the offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec, Solicitor General, or shall disqualifiy him to sit or vote in the House for which he is elected, provided he is elected while holding such office. 84. Until the Legislatures of Ontario and Quebec respectively otherwise provide, all Laws which, at the Union, are in force in those Provinces respectively, relative to the following matters, or any of them, namely : — The qualifications and disqualifications of persons to be elected or to sit or vote as Members of the Assembly of Canada ; the quali- fications or disciualifications of Voters ; the oaths to be taken by Voters ; the Returning Officers, their powers and duties ; the proceedings at Elections ; the periods during which such Elections may be continued ; and the trial of Controverted Elections, and the pro- ceedings incident thereto; the vacating of the Seats of 3Iembers ; and the issuing and execution of new Writs in case of Seats vacated otherwise than by dissolution, — shall respectively apply to Elections of Members to servo in the respective Legislative Assemblies of Ontario and Quebec ; provided that, until the Legislature of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma, in addition to persons qualified by thojjaw of the Province of Canada to vote, every male British subject, aged twenty one years or upwards, being a householder, shall . have a vote. 85. Every Legislative Assembly of Ontario, and every Legislative Assembly of Quebec, shall continue for four years from the day of the return of the Writs for choosing the same, (subject nevertheless to either the Legislative Assembly of Ontario, or the Legis- lative Assembly of Quebec, being sooner dissolved by the Lieutenant Governor of the J'roviiict',) and no longer. 86. 'J'hore shall be a Session of the Legislature of Ontario and of that of Quebec once at least in every year, so that twelve months shall not intervene between the last sitting of the liCgislature in each Province in one Session and its first sitting in the next Session. 87. The following provisions of this Act respecting the House of Commons of Canada, shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to 28 jivithin any of the classes of subjects enumerated in this Section. IG. Generally all matters of a merely local or private nature in the Province. Education. 93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following provisions : — (L) Nothing in any such Law shall prejudicially affect any right or privilege with respect to Denominational Schools which any cla.ss of persons have by Law in the Province at the Union. (2.) All the powers, privileges an^ duties at the Union by Law conferred and im- posed in Upper Canada on the Separate Sf^hools and School Trustees of the Queen's Roman (\'itholic subjects, shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic sub- jects in Quebec. (3.) Where in any Province a system of Separate or Dissentient Schools exists by Law at the T'^nion, or is thereafter established by the Legislature of the Pro- vince, an appeal shall lie to the Governor General in Council from any act or decision nf any Provincial authority affecting any right or privilege of the l^rotestant or Roman Catholic minority of the Queen's subjects iu relation to Education. (■4.) Tn case any such Provincial Law as from time to time seems to the Governor General in Council requisite for the due execution of the provisions of this Section is not made, or in case any decision of the Governor General in Coun- cil on anj' appeal under this Section is not duly executed by the proper Pro- vincial authority in that behalf, then and in every such case, and as I'ar only as the circumstances of each case require, the Parliament of (.anada may make remedial Laws for the due execution of the provisions of this Section, and of any decision of the Governor General iu Council under this Section. Uniformity of Law^ in Ontario, Nova Scotia, and New Brunswick. 94. Notwithstanding any thing in this Act, the Parliament of Canada may make pro- vision for the uiiifoviuity (if all or any of the Laws relative to property and civil rights in Ontario, Nova k^outia, and New Brunswick, and of the procedure oi' all or any of the I ■i I Scol tin III turj forrj for pru\| if costj and sue I othcl worka of the out! try. or after general licea. n, raain- Criminal •nforcing in any of c. a relation ilcge ■witli by Law in id and ira- ;ees of the f extended ,tholic sub- s exists by )f tbe Pro- om any act privilege of in relation e Governor ions of this val in Coun- proper Pro- i as iar only la may make Section, and yjtion. iWICK. y make pro- civil rights ,r any of the 31 Courts in those three Provinces ; and from and after the passing of any Act in that behalf, the power of the Parliament of (Canada to make Laws in relation to any matter comprised in any such iVct shall, notwithstanding any thing in this Act, be unrestricted, but any Act of the Parliament of Canada making provisions for such uniformity, shall not have effect in any Province unless and until it is adopted and enacted aa Law by the Legislature thereof. Aguiculture and Immigration. 95. In each Province the 'jegislaturo may make Laws in relation to Agriculture in the Province, and to Immigration into the Province ; and it is hereby declared that the Par- liament of Canada may, from time to time, make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces ; and any Law of the Legislature of a Province relative to Agriculture or to Immigration, shall have effect in and for the Province as long and as far only as it ia not repugnant to any Act of the Parliament of Canada. VII. JUDICATURE. 96. The Governor General shall appoint the Judges of the Superior, District, and County Courts, in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick. 97. Lentil the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and the procedure of the Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor General shall be selected from the respective Bars of those Provinces. 98. The Judges of the Courts of Quebec shall be selected from the Bar of that Pro- vince. 99. The Judges of the Superior Courts shall held office during good behaviour, but shall be removable by the Governor General on Address ef the Senate and House of Commons. 100. The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts, (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts, in cases where the Judges thereof are for the time being paid by salary, shall be fixed and provided by the Parliament of Canada. 101. The Parliament of Canada may, notwithstanding any thing in this Act, from time to time provide for the constitution, maintenance and organization of a General Court of Appeal for Canada, and for the establishment of any additional Courts for the better administration of the Laws of Canada. VIII. REVENUES— DEBTS— ASSETS— TAXATION. 102. All Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick, before and at the Union had and have power of appropria- tion, except such portions thereof as are by this Act reserved to the respective Legisla- tures of the Provinces, or are raised by them in accordance with the special powers con- ferred on them by this Act, shall form one Consolidated Revenue Fund, to be appropriated for the public service of Canada, in the manner and subject to the charges in this Act provided. 103. The Consolidated Revenue Fund of Canada shall be permanently charged with the costs, charges and expenses incident to the cnllcction, management, and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the Governor General in Council, until the J'urliamcnt otherwise provides. 32 104. The annual Interest of the Public Debts of the several Provinces of Canada, Xova Scotia, and New Brunswick, at the Union, shall form the second charge on the Consoli- dated llevenuc Fund of Canada. 105. Unless altered by the Parliament of Canada, the Salary of the Governor General shall be Ten Thousand I'ounds Sterlin<» money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated llevenuc Fund of Canada, and the same shall form the third charge thereon. lOG. Subject to the several payments by this Act charjzed on the Consolidated Reveune Fund of Canada, the same shall be appropriated by the Parliament of Canada for the Public Service. 107. All Stocks, Cash, Bankers' Balances, and Securities for money belonging to each Province at the time of the Union, except as in this Act mentioned, shall be the property of Canada, and shall be taken in reduction of the amount of the respective Debts of the Provinces at the Union. 108. The Public Works and Property of each l*roviuce, enumerated in the third Sche- dule to this Act, shall be the property of Canada. 109. All Lands, Minos, Minerals and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick, at the Union, and all sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and N ■1 I 35 Ontario and Quebec. 134. Until (he Legislature of Ontario or of Quebec otherwise provido, the Lieutenant Governors of Ontario and Quebec may each appoint under the Great Seal of the Provin the foliowinfj; Officers, to hold office during pleasure, that is to say — The Attorney Gene- ral, the Secretary and Registrar of the Province, the Treasurer of the Province, the Com- missioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and in case of Quebec, the Solicitor General ; and may, by order of the Lieutenant Governor in Council, from time to time prescribe the duties of those Officers, and of the several Depart- ments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof, and may also appoint other and additional Officers to hold office during plcLuiro, and may from time to time prescribe the duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof. 135. Until the Legislature of Ontario or Quebec otherwise provides, all rights, powers, duties, functions, responsibilities, or authorities, at the passing of this Act vested in or imposed on the Attorney General, Solicitor General, Secretary and Registrar of the Pro- vince of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works and Minister of Agriculture, and Receiver General, by any Law, Statute, or Ordinance of Upper Canada, Lower Canada, or (Canada, and not repugnant to this Act, shall bo vested in or imposed on any officer to be appointed by the Lieutenant Governor for the discharge of the same or any of them ; and the Commissioner of Agriculture and Public Works shall perform the duties and functions of the Office of Minister of Agricul- ture at the passing of this Act, imposed by the Law of the Province of Canada, as well as those of the Commissioner of Public Works. 136. Until altered by the Lieutenant (rovcrnor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same design, as those used in the Provinces of Upper Canada and Lower Canada respectively before their Union as the Pro- vince of Canada. 137. The words, " and from thence to the end of the then next ensuing Session of the Legislature," or words to the same effect, used in any temporary Act of the Province of Canada not expired before the L'nion, shall be construed to extend and apply to the next Session of the Parliament of Canada, if the subject matter of the Act is within the powers of the same as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respectively, as if the subject matter of the Act is within the powers of the same as defined by this Act. 138. From and after the Union the use of the words " Upper Canada," instead of " Ontario," or " Lower Canada," instead of " Quebec," in any deed, writ, process, plead- ing, document, matter, or thing, shall not invalidate the same. 139. Any Proclamation under the Great Seal of the Province of Canada, issued before the Union, to take effect at a time which is subsequent to the Union, whether relating to that Province, or to Upper Canada, or to Lower Canada, and the several matters and things therein proclaimed, shall be and continue of like force and effect as if the Union had not betn made. 140. Any Proclamation which is authorized by any Act of the Legislature of the Pro- vince of Canada to be issued under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the Union, may be issued by the Lieutenant Governor of Ontario or of Que- bec, as its subject matter requires, under the Great Seal thereof; and from and after the issue of such Proclamation, the same and the several matters and things therein pro- 36 It claimed, hKuU be and continue of the like force and effect in Ontario or Quebec as if the Union had not been made. 141. The Penitentiary of the I'rovince of Canada shall, until the Parliament of Conada otherwise provides, be and continue the Penitentiary of Ontario and of Quebec. 142. The division and adjustment of the Debts, Credits, Liabilities, Properties and Assets of Upper Canada and Lower Canada shall be referred to the arbitrament of three Arbitrators, — one cho-sen by the Government of Ontario, one by the Government of Quo- bee, and one by the Government of Canada ; and the selection of the Arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met; and the Arbitrator chosen by the Government of Canada shall not be a resident cither in Ontario or in Quebec. 143. The Governor General in Council may, from time to time, order that such and so many of the Records, Books and Documents of the Province of Canada as ho thinks fit, shall be ap;)ropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the property of that Province ; and any copy thereof, or extract therefrom, duly certified by the Officer having charge of the original thereof, shall be admitted as evidence. 144. The Lieutenaijt Governor of Quebec may, from time to time, by Proclamation under the Great Seal of the Province, to take effect from a day to be appointed therein, constitute Townships in those parts of the Province of Quebec in which Townships are not then already constituted, and fix the metes and bounds thereof. X. Inter-Colonial Railway. 145. Inasmuch as the Provinces of Canada, Nova Scotia, and New Brunswick, have joined in a declaration that the construction of the Inter-Colonial Railway is essential to the consolidation of the Union of British North America, and to the assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that provision should be made for its immediate construction by the Government of Canada ; therefore, in order to give effect to that agreement, it shall be the duty of the Government and Parliament of Canada to provide for the commencement, within six months after the Union, of a Railway connecting the River Saint Lawrence with the City of Halifax, in Nova Scotia, and for the construction thereof without intermission, and the completion thereof with all practicable speed. XI. Admission of other Colonies. 146. It shall be lawful for the Queen, by and with the i. ivice of Iler Majesty's Most Honourable Privy Council, on Addresses from the Houses oi the Parliament of Canada, and from the Houses of the respective Legislatures of the Colonies or Provinces of Newfound- land, Prince Edward Island, and British Columbia, to adniit those Colonies or Provinces, or any of them, into the Union, and on Addresses from the Houses of the Parliament of Canada to admit Rupert's Land and the North Western Territory, or either of them, into the Union, on such terms and conditions, iu each case, as are in the Addresses expressed, and as the Queen thinks fit to approve, subject to the provisions of this Act; and the pro' isions of any Order in Council in that behalf, shall have effect as if they had beeu enacted by the Parliament of the United Kingdom of Great Britain and Ireland. 147. In case of the admission of Newfoundland and Prince Edward Island, or either of them, each shall b^ entitled to a representation in the Senate of Canada off- ir Mem- bers, and (notwithstanding any thing in this Act) in case of the admission of Newfound- land, the normal number of Senators shall be sevputy six, and their maximum number sball be eighty two ; but Prince Edward Island, when admitted, shall be deemed to be I i 37 comprised in the third of the three divisions into which Cunnda i«, in relation to the Con- Htitution of the Semite, divided by this Act; and accordingly, after the admission of Prince Edward Island, whether Newfoundland ia admitted or not, the representation of NovH Scotia and New Brunswick in the Senate shall, as vacancies occur, be reduced from twelve to ten Members respectively, and the representation of each of those Provinces shall not bo increased at any time beyond ten, evcept under the provisions of this Act for* the appointment of three or six additional Senators, under the direction of tho Queen. SCHEDULES. THE FIRST SCHEDULE. ELECTORAL DISTIilCTS OP ONTARIO. Existing Electoral Divisions. 1. Prescott. 2. Glengarry. 3. Stormont. COUNTIES. 4. Dundas. 5. Russell. 6. Carleton. 7. Prince Edward. 8. Halton. 9. Essex. 10. 11. 12. 13. 14. 15. IG. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. RIDINGS OF COUNTIES. North Riding of Lanark. South Riding of Lanark. North Riding of Leeds, and North Riding of Grenville. South Riding of Leeds, South Riding of Grenville. iiast Riding of Northumberland. [Monaghan.") West Riding of Northumberland, (excepting therefrom the Township of South East Riding of Durham. West Riding of Durham. North Riding of Ontario. South Riding of Ontario. East Riding of York. West Riding of York. North Riding of York. North Riding of Wentworth. South Riding of Wentworth. East Riding of Elgin. West Riding of Elgin. North Riding of Waterloo. South Riding of Waterloo. North Riding of Rrant. Rraut. Oxford. Oxford. South Riding of North Riding of South Riding of East Riding of Middlesex. CITIES, I'ARTS OF CITIES, AND TOWNS. 85, West Toronto. 38. Ottawa. 36, East Toronto. 39. Kingston. 37. Hamilton. 40. London. 41. Town of Brockville, with the Township of Elizabethtown thereto attached. 42. Town of Niagara, with the Township of Niagara thereto attached. 43. Town of Cornwall, with the Township of Cornwall thereto attached. 38 B. New Electoral Divisions. 44. The Provisional Judicial District of Algoraa. The County of IJruce, divided into two Hidings, to be called respectively the North and South Ridings : — 45. The North Riding of Bruce to consist of the Townships of Bury, Lindsay. Eastnor, Alberinarle, Amabel, Arran, Bruce, Elderslie, and Laugeen, and the Village of Southampton. 46. The South Riding of Bruce to consist of the Townships of KincarHine, (including the Village of Kincardine,) Greenock, Brant, Huron, Kinross, Cuiross, and Carrick. The County of Huron, divided into two Ridings, to be called respectively the North and South Ridings : — 47. The North Riding to consist of the Townships of Ashfield, Wawanosh, Turnberry, Ilowick, Morris, Grey, Colborne, HuUett, including Village of Clinton, and M-Killop. 48. The South Riding to consist of the Town of Goderich and the Townships of Goderich, Tuckersmith, Stanley, Hay, Usborne, and Stephen. The County of Middlesex, divided into Ridings, to be called respectively the North, West, and East Ridings : — 49. The North Riding to consist of the Townships of M'Gillivray and Biddulph, (taken from the County Huron,) and Williams East, Williams West, Adelaide, i.nd Lobo. 50. The W^est Riding to consist of the Townships of Delaware, Carradoc, Metcalf, Moza, Ekpid, and the Village of Strathroy. (The East Riding to consist of the Townships now embraced therein, and be bounded as it is at present.) 51. The County of Lambton to consist of the Townships of Bisanquet, Warwick, Plymp- ton, Sarnia, 3Ioore, P^nniskillen, and Brooke, and the Town of Sarnia. 52. The County of Kent to consist of the Townships of Chatham, Dover, East Tilbury, Romney, Raleigh, and Harwick, and the Town of Chatham. 53. The County of Bothwel! to consist of the Townships of Sombra, Dawn, and Euphe- mia (taken from the County of Lambton), and the Townships of Zone, Camden with the Gore thereof, Orford, and Howard (taken from the County of Kent). The County of Grey divided into two Ridings, to be called respectively the South and North Ridings : — 54. The South Riding to consist of the Townships of Bentinck, Glenelg, Artemesia, Osprey, Normaaby, Egremont, Preton, and Melancthon. 55. The North Riding to consist of the Townships of Collingwood, Euphrasia, Holland, Saint Vincent, Sydenham, Sullivan, Derby, aud Keppel, Sarawak, and Brooke, and the Town of Owen Sound. The County of Perth divided into two Ridings, to be called respectively the South and North Ridings : — 56. The North Riding to consist of the Townships of Wallace, Elma, Logan, Ellice, Mornington, and North Easthope, and the Town of Stratford. 57. The South Riding to consist of the Townships of Blanchard, Downie, South East- hope, Fuliarton, Hibbert, and the Villages of Mitchell and Saint Marys. The County of Wellington, divided into three Ridings, to be called repectively North, South, and Centre Ridings : — 58. The North Piiding to consist of the Townships of Amaranth, Arthur, Luther, Minto, Maryborough, Peel, and the VilLige of Mount Forest. 59. The Centre Riding to consist of the Townships of Garafraxa, Erin, Eramosa, Nichol and Pilkington, and the Villages of Fergus and Eiora^ 60. The South Riding to coDsi£t of the Town of Guelph, and the Townships of Guelph uiid Pusliuch. 39 The County of Norfolk, divided into two Ridings, to be called respectively the South and North Ridings : — 61. The South Riding to consist of the Townships of Charlotteville, Houghton, Wal- singham and Woodhouse, and with the Gore thereof. The North Riding to consist of the Townships of Middleton, Townsend and Wind- ham, and the Town of Sinicoe. The County of Ilaldimand to consist of the Townships of Oneida, Seneca, Caygua South, Raynham, Walpole and Dunn. The County of Monck to consist of the Townships of Canborough and Moulton, and 62 63 64 ps of I'elham and VVainHcet (taken from the County of Welland). 65. The County of Lincoln to comsist of the Townships of Clinton, Grantham, Grimsby, and Louth, and the Town of Saint Catherine's. 66. The County of Welland to consist of the Townships of Bertie, Crowland, Humber- Btone, Stamford, Thorold, and Willoughby, aad the Villages of Chippewa, Clifton, Fort Lrie, Thorold, and Welland. 67. The County of Peel to consist of the Townships of Chinguacousy, Toronto, and the Gore of Toronto, and the Villages of Rrampton and Streetsville. 68. The County of Cardwell to consist of the Townships of Albion and Caledon (taken from the County of P';el), and the Townships of Adjala and Mono (taken from the County of Simcoe.) The County of Simcoe, divided into two Ridings, to be called respectively the South and North Ridings : — 69. The South Riding to consist of the Townships of West Gwillimbury, Tecumseth, Innisfil, Essa, Tosorentio, Mulmur, and the Village of Bradford. 70. The North Riding to consist of the Townships of Nottawasaga, Sunnidale, Vespru, Flos, Oro, Medonte, Oriliia and Matchedash, Tiny and Tay, Balaklava and Robinson, and the Towns of Barrie and Collingwood. The County of Victoria, divided into Two Ridings, to be called respectively the South and North Ridings :- • 71. The South Riding to consist of the Townships of Ops, Manposa, Emily, Verulam, and the Town of Lindsay. 72. The North Riding to consist of the Townships of Anson, Bexley, Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxtou, Lutterworth, Macaulay and Draper, Summerville and Morrison, Muskoka, Monck and Watt (taken from the County of Simcoe), and any other surveyed Townships lying to the north of the said North Riding. The County of Peterborough, divided into Two Ridings, to be called respectively the West and East Ridings : — 73. The West Riding to consist of the Townships ^f South Monaghan (taken from the County of Northumberland), North Monaghan, Smith, and Ennismore, and the Town of Peterborough. 74. The East Riding to consist of the Townships of Asphodel, Belmont and Bothuen, Douro, Dumnicr,.Galway, Harvey, Minden, Stanhope and Dysart, Otonabee, and Snowden, and the Village of Ashburnham, and any other surveyed Townships lying to the North of the said East Riding. The County of Hastings, divided into three Ridings, to bo called respectively the West, East, and North Ridings : — 75. The West Riding to consist of the Town of Belleville, the Township of Sydney, and the Village of Trenton. 76. The East Riding to consist of Townships of Thurlow, Tyendir.aga, and Hungerford. 77. The North Riding to consist of the Townships of Rawdon, Huntingdon, Madoc, Elzevir, Tudor, Marmora and Lake, and the Village of Stirling, and any other surveyed Townships lying to the North of the said North Riding. 40 78. The County of Lennox to consist of the Townships of Richmond, Adolphustown, North Fredericksburg, South Fredericksburg, Ernest Town, and Amherst Island and the Village of Napanee. 79. The County of Addington to consist of the Townships of Camden, Portland, Shef- field, Hinchinbroke, Kaladar, Kenebec, Olden, Oao, Anglesea, Barrie, Claren- don, Palmerston, Effingham, Abinger, Miller, Canonto, Denbigh, Loughborough, and Bedford. 80. The County of Frontenac to consist of the Townships of Kingston, "Wolfe Island, Pitsburgh and Howe Island, and Storrington. The County of Renfrew, divided into two Ridings, to be called respectively the South and North Ridings :— 81. The South Riding to consist of the Townships of M'Nab, Bagot, Blithfield, Brougham, Horton, Admaston, Grattan, Mattawachan, Griffith, Lyndock, Rag- lan, RadclifFo, Brudenell, Sebastopol, and the Villages of Arnprior and Renfrew. 82. The North Riding to consist of the Townships of Ross, Bromley, Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, South Algoma, North Algoma, Fraser, M'Kay, Wylie, Rolph, Head, Maria, Clara, Hagerty, Sherwood, Burns, and Richards, and any other surveyed Townships lying north- westerly of the said North Riding. Every Town and Incorporated A'illage existing at the Union, not specially mentioned in this Schedule, is to be taken as part of the County or Riding within which it is locally situate. THE SECOND SCHEDULE. Electoral Districts of Quebec specially fixed. Pontia, Ottawa, Argenteuil, Huntingdon, Counties or — Missisquoi, Brome, Shefford, Stanstead, Town of Sherbrooke. Compton, Wolfe and Richmond, Megantic. THE THIRD SCHEDULE. Provincial Public Works and Property to be the Property of Canada. 1. Canals, with land and water power connected therewith. 2. Public Harbours. N 3. Light Houses and Piers, and Sable Island. 4. Steamboats, Dredges, and Public Vessels. 5. Rivers and Lake improvements. 6. Railways and Railway Stocks, Mortgages and other Debts due by Railway Companies. 7. Military Roads. 8. Custom Houses, Post Officies, and all other Public Buildings, except such as the Government of Canada appropriate for the use of the Provincial Legislatures and Governments. 9. Property transferred by the Imperial Government, and kngwn as Ordnance Property. 10. Armories, Drill Sheds, Military Clothing, and Munitions of War, and Lands set apart for general public purposes. THE FOURTH SCHEDULE. Assets to be the Property of Ontario and Quebec conjointly. Upper Canada Building Fund. Lunatic Asylums. Normal School. Court Houses in Aylmer, Montreal, Kamanaeka, — Lower Canada. 41 Law Society, Upper Canada. Montreal Turnpike Trust. University Permanent Fund. Royal Institution. Consolidated Municipal Loan Fund, Upper Canada. Consolidated Municipal Loan Fund, Lower Canada. Agricultural Society, Upper Canada. Lower Canada Legislative Grant. Quebec Fire Loan. Tami8coua:a Advance Account. Quebec Turnpike Trust. Education, East. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada Superior Education Income Fund. THE FIFTH SCHEDULE. Oath of Allegiance. I, A. B. do swear, that I will be faitliful and bear trua allegiance to Her Majesty Queen Victoria. Note.— The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being, is to be substituted from time to time, with proper terras of reference tliereto. Declaration of Qualijicafion. I, A. B. do declare and testify, that I am by Law duly qualified to be appointed a Mem- ber of the Senate of Canada, (or as the case maif he'), and that I am legally or equitably seised as of Freehold for my own use and benefit of Lands or Tenements held in free and common socage, (or seised or possessed for my own use and benefit of Lands or Tenements held in Franc-alleu or in Roture, as the case may be), in the Province of Nova Scotia, {or as the case may be), of the value of four thousand dollars over and above all Rents, Dues, Debts, Mortgages, Charges and Incumbrances due or payable out of or charged on or affecting the same, and that I have not collusively or colourably obtained a title to or became possessed of the said Lands and Tcncnicnts, or aiy part thereof, for the purpose of enabling me to become a Member of the Senate of Canada, (or as the case may be), and thrr -Ay lieal and Personal Property are together worth four thousand dollars over and ab' , A Debts and Liabilities. IXTER-COLOXIAL RAILWAY. On the 29th January, the following Memorandum was placed in the hands of Lord Carnarvon : — In Decemher, 18G2, the Delegates from the several Provinces proposed to Iler Majesty's Government that the Imperial guarantee should be given on ihe following conditions, viz :: — 1. " That the Loan shall be for £3,000,000 Sterling. 2. " That the liabilities of each Colony shall be apportioned aa follows — £1,250,000 for Canada ; £875,000 for iJ'ew Brunswick ; £875,000 for Nova Scotia. 3. " The Debentures shall bear interest at the rate of Z\ per cent. 4. " The Interest shall be paid half-yearly in London on the first of May and on the first of November. 42 &j " That the sum borrowed shall be repaid in four instalments— £250,000 in ten yoavs ; jG500,000 in twenty years ; £1,000,000 in thirty years ; £1,250,000 in forty years. 6. *' The net profits of the Road shall be applied towards the extinction of the Debt. 7. *' That the Loan shall be the first charge on the Revenue of each Colony after the existing debts and charges. 8. " That the Imperial Government shall have the right to select one of the Engineers to be appointed to make the surveys for the location of the Road, 9. " That the selection of the line shall rest with the Imperial Government. 10. " That if it is concluded that the work is to be constructed and mana- ged by a Joint Commission, it shall be constituted in the following Proportions : — Canada shall appoint two of the Commissioners, 'ew Brunswick and Xova Scotia each one. These four shall name a fifth before entering j' ^ -^he discharge of their duties. 11. *' That such portions of the " vays now owned by the Governments of iNTew Brunswick and Nov Scotia, which may be required to form part of the Inter-Colonial Road, will be worked under the above Com- mission. 12. " That all net gains or loss resulting from the working and keeping in repairs of any portions of the Roads constructed by Nova Scotia and New Brunswick, and to be used as a part of the Inter-Colonial Road, shall be received and borne by these Provinces respectively, and the surplus, if any, after the payment of Interest, shall go in abatement of Interest of the whole line between Halifax and Riviere du Loup. 13. " That the rates shall be uniform over each respective portion of the Road. 14. " That Crown Lands required for the Railway or Stations shall be pro- vided by each Province." The following counter proposition was made on the part of Her Majesty's Government: — 1. " That Bills shall be immediately submitted to the Legislatures of Canada,, Nova Scotia, and New Brunswick, authorizingthe respective Govern- ments to borrow £3,000,000, under the guarantee of the British Government, in the following proportions : — five-twefths, Canada; three and one half twelfths, Nova Scotia ; three and one half twelfths, New Brunswick. 2. " But no such loan to be contracted on behalf of any one Colony until corresponding powers have been given lo the Governments of the other two Colonies concerned, nor unless the Imperial Government shall guarantee payment of Interest on such Loan until repaid. 8. " The money to be applied to the completion of a Railway connecting Halifax with Quebec, on a line to be appro i^ed by the Imperial Government. 4. " The Interest to be a first charge on the Consolidated Revenue Funds of the different Provinces after the Civil List, and the interest of existing debts ; and as regards Canada, after the rest of the six charges enumerated in the 5th and 6th Vic. Cap. 118, and 8rd and 4th Vic. Cap 85, (Act of Union.) p.' h 43 I ■■■ " The Debentures to be in series as follows, viz : — ^£250,000 to be payable ten years after contracting Loan. £500,000 do. twenty years do. ^£1,000,000 do. thirty years do. £•1,250,000 do. forty years do. " In the event of these Debentures, or any of them, not being redeemed by the Colonies at the period when they foil due, the amount unpaid shall become a charge upon their respective Revenues, next a^'tcr the Loan, until paid. The Principal to be repaid as follows : — " 1st Decade, say 1863 to 1872 inclusive, £250,000, in redemption of the f rst series at or before the close of the lirst decade from the contracting of the I oan. " 2nd Decade, say 1873 to 1882 mclusive, a Sinking Fund of £40,000 1o be remitted annually, being an amount adequate, if invested at five per cent, compound interest, to provide £500,000 at the end of the decade; the sum to be remitted annually to be invested in the names of Trustees, in Colonial Securities of any of the three Provinces prior to or forming part of the Lvian now to be raised, or in such other Colonial Securities as Her Majesty's Gov- ernment shall direct, and the then Colonial Governments approve. " 3rd Decade, say 1883 to 1892 inclusive, a Sinking Fund of £80,000 to be remitted annually, being an amount adequate, if invested at fiveper cent, com- pound interest, to provide £1,000,000 at the end of the decade. The amount, when remitted, to be invested as in the case of the Sinking Fund for the pre- ceding decade. "4th Decade, say 1893 to 1902 i'lclusive, a Sinking Fund of £100,000 to be remitted annually, being an amount adequate, if invested at live per cent, compound interest, to provide £1,250,000, being the balance of the Loan, at the end of the decade. This amount, when remitted, to be invested as in the pre- cedino* decade. " Should the Sinking Fund of any decade produce a surplus, it will go to the credit of the next decade, and in the last decade the Sinking Fund will be remitted or reduced accordingly. " It is of course understood that the assent of the Treasury to these ar- rangements presupposes adequate proof of the sufliciency of the Colonial Re- venues to meet the charges hitended to be imposed upon them. 6. " The construction of the Railway to be conducted by five Commission- era, two to be appointed by Canada, one by Xova-Scotia, and one by New- Brunswick. These four to choosff the remaining Commissioner. 7. '' The preliminary surveys to be cfl'ccted at the expense of the Colonies, by three Engineers or other officers nominated, two by the Commissioners, and one by the Home Government. 8. " Fitting provision to be made for carriage of troop-, &c. 9. " Parliament not to be asked for this guarantee until the line and sur- veys shall have been submitted to and a])proved of by Her Majesty's Govern- ment, and until it shall have been shewn to the satisfaction of Her Majesty's Government tliat the line can be constructed without further application for an Imperial guarantee." This proposal was accepted by Nova-Scotia and New Brunswick, but ob- jected to by Canada. By the Despatch of Mr. Cardwell, dated the 17th June, 1864, the engage- ment of Her Majesty's Government to grant the guarantee was renewed, but consideration of the terms was postponed for future arrangement. i 44 In consequence of Mie proposed Confederation of the Provinces, many of the clauses in both these propositions appear to be no longer required, and it is submitted that the terms of the Canada Guarantee Act of 1842 should be in the main followed. The Delegates therefore propose to Her Majesty's Government — Ist. " That a loan of £3,000,000 sterling, be negotiated with the guarantee of the Imperial Parliament, the proceeds to be applied to the construction of the Inter-Coloninl Railway. 2d. " The rate of interest to be four percent, payable half-yearly, and both principal and interest to form the first charge upon the Revenue of the Con- federation after existing: debts and charsres. 3d. " A Sinking Fund at the rate of one per cent, per annum to be provnded by the Confederation, to be invested in the securities of the Confederation existing prior to the guaranteed loan, or in such other securities as may be sug- gested by the Confederation, and approved by Her Majesty's Government." The Trustees of the Sinking Fund to consist of one officer to be appointed by the Imperial Government, and nnother by the Government of the Con- federation. (Signed) JOHN A. MACDOXALD, London, 29th Januarj', 1867. Chairman. On the 12th February, a Deputation of the Conference, consisting of Messrs. Gait, Howland, Tupper, and Tilley, waited by invitation upon the Right Hon. the Chancellor of the Exchequer, and explained fully the object of having the guarantee of the Imperial Government placed upon the footing contained in the above Memorandum. This interview was highly satisfactory, and left no doubt that the guaran- tee was not only secured, but that there would be no difficulty in arranging the details connected therewitli. The Deputation on that occasion placed the following Memorandum in the hands^of the Chancellor of the Exchequer : — m:i:morandum Mespecting the Financial position and Trade of British North America. REVENUE AND EXPENDITURE FOR LAST FINANCIAL YEAR. Revenue, Canada, $12,432,748 Nova Scotia, New Brunswick, Canada, Nova Scotia, (about) New Brunswick, Expenditure. 1,665,071 1,212,021 $15,309,840 $11,711,320 1,600,000 1,080,047 Surplus, N. B. — Militia Expenditure last Year. Canada, ... $1,638,868 Nova Scotia, 156,460 New Brunswick, 152,148 $14,391,367 "$918^473 f $1,947,476 W- 4.5 Public Debt of ''Canada " idll be— Ontario and Quebec, $62,500,000 Nova Scotia, 8,000,000 New Brunswick, ... 7,000,000 $77,500,000 Charges on Public Debt last Year. Canada, ... • $3,692,412 Nova Scotia, 297,580 New Brunswick, 349,283 After Union will be about $4,339,275 $4,350,000 ♦IMPORTS. Canada, Nova Scotia, New Brunswick, ♦EXPORTS. Canada, Nova Scotia, New Brunswick, ♦Exclusive of Coin and Bullion. ENTRIES— INWARDS. Canada, Nova Scotia, New Brunswick, OUTWARDS. Canada, Nova Scotia, New Brunswick, Trade and Shipping. Total. $48,610,477 14,381,662 7,086,595 $70,078,734 $53,930,789 8,830,693 5,534,726 $68,296,208 Tonnage. From Gt. Britain. $28,984,599 6,315,988 2,284,449 $37,585,036 $12,766,668 764,472 2,594,651 $16,125,791 Tons. 938,946 929,929 807.161 1,113,386 772,017 764,876 Tons, 2,676,036 2,640,279 5,316,315 SHIPPING OWNED IN- Canada, Nova Scotia, New Brunswick, Tons, 230,429 403,409 309,695 943,533 46 A BILL For authorizing a Guarantee of Interest on a Loan to be raised by Canada towards the construction of a Railway connecting Quebec and Halifax. "Whereas the construction of a Railway, connecting the Port of Riviere du Loup in the Province of Quebec, with the line of Railway leading from the City of Halifax, in the Province of Nova Scotia, at or near the Town of Tru- ro, in a line and on conditions approved by one of Her jSIajesty'H Principal Secretaries of State, would conduce to the welfare of Canada, and promote the interests of the British Empire: And wheroaajt would greatly facilitate the construction of that Railway (in this Act referred to as the Railway,) if payment of interest on part of the money required to be raised for the same, were guaranteed under the authority of Parliament ; — Be it therefore enacted by the Queen's ^lost Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. Subject to the provisions of this Act, the Commissioners of Her Majes- ty's Treasury may guarantee, in such manner and form as they think fit, pay- ment of interest at a rate not exceeding four per centum per annum on any principal money not exceeding the sum of Three Million Pounds Sterling, to he raised by way of Loan by the Government of Canada, for the purpose of the construction of the Railway ; and the Commissioners of Her Majesty's Treasury may from time to time cause to be issued out of the Consolidated Fund of the United Kingdom, or the growing produce thereof, any money required for giving effect to such guarantee. 2. The Commissioners of Her Majesty's Treasury shall not give any gua- rantee under this Act unless and until an Act of the Parliament of Canada has been passed, within two years after the union of Canada under the Bri- tish IN'oi'th American Act, 1867, providing, to the satisfaction of one of Her Majesty's Principal Secretaries of Sto? .•, as follows : — For the construction of the Railwav : For the use of the Railway at all times for Her Majesty's Military and other service ; nor unless and until the line in which the Railway is to be constructed has been approved by one of Her Majesty's Prin- cipal Secretaries of State. •3. The Commissioners of Her Majesty's Treasury shall not give any gua- r^iatee under this Act unless and until an Act of the Parliament of Canada has been passed, providing, to the satisfaction of the Commissioners of Her Majesty's Treasury, as follows : — 1. For the raising, appropriation, and expenditure for the purpose of the construction of the Railway, of a Loan not exceeding Three Million Pounds Sterling, bearing interest at a rate not exceeding four per cen- tum per annum : 2. For charging the Consolidated Revenue Fund of Canada with the principal and interest of the Loan immediately after the charges speci- licallv made thereon bv the British Xorth American Act, 1867 : 1. 9 47 8. For tho payment by the Government of Canada, by way of Sinking Fund, of an annual sum at the rate of one per centum per annum on the entire amount of principal money whereon interest is guaranteed, to be remitted to the Commissioners of Her Majesty's Treasury, l)y equal half-yearly payments, in such manner as they from time to time direct, and to be invested and accumulated under their direction in the names of four Trustees, nominated from time to time, two by the Commissioners of Her Majesty's Treasury, and two by the Govern- ment of Canada ; such Sinking Fund and its accumulations to be ap- plied under the direction of the Commissioners of Her Majesty's Trea- sury in discharge of principal money whereon interest is guaranteed : 4. For charging the Consolidated Revenue Fund of Canada with the amount of the Sinking Fund immediately after the principal and in- terest of the Loan : 5. For charging the Consolidated Revenue Fund of Canada with any sum issued out of the Consolidated Fund of the United Kingdom un- der this Act, with interest thereon at the rate of five per centum per annum, immediately after the Sinking Fund : 6. For continuance of the Sinking Fund until all prncipal and interest of the loan, and all sums issued out of the Consolidated Fund of the United Kingdom under this Act, and all interest thereon, are fully discharged, or until the Sinking Fund and its accumulations are adequate to discharge so much thereof as remains undischarged : 7. For the raising by the Government of Canada (without guarantee by the Commissioners of Her Majesty's Treasury) of all such money (if any) beyond the sum of Three Million Pounds Sterling, as, in the opinion of one of Her Majesty's Principal Secretaries of State, will be requisite for the construction of the Railway, and for charging the Con- solidated Revenue Fund of Canada with the money so raised, and in- terest, immediately after the charges made thereon, in pursuance of the foregoing provisions of this section. 4. There shall be laid before both Houses of Parliament, within fourteen days next after the beginning of every Session, a statement and account shew- ing what has been done from time to time in execution or pursuance of this Act, by or under the direction of the Commissioners of Her Majesty's Trea- sury, and one of Her Majesty's Principal Secretaries of State, and the Parlia- ment and Government of Canada. 5. This Act may be cited as " The Canada Railway Loan Act, 1867." gua- 48 After several protracted negotiations with the Secretary of State for the Colonies, and gentlemen connected with the Treasury Department, and fur- nishing them with statistical information of every description. Her Majesty's Government agreed to ask Parliament for a guarantee of Three Millions Sterling, to build the Inter-Colonial Railway. Considerable difficulty arose with regard to the investment of the Sinking Fund, and the legislation required by Canada previous to the attaching of the guarantee. The Treasury Department required that Canada should provide y special law for raising the necessary Revenue to defray the Interest on the Loan before any guarantee should be made, and that the Sinking Fund should bt invested in British funds. After a series of interviews they were induced to abandon their first condition as to proof of the Revenue required to meet the Loan, and also to agree to the proposal of the Delegates, that the Sinking Fund should be invested in Colonial or other Securities at the option of Canada. "We cannot close this Report without expressing our obligations to the Right Honorable the Earl of Carnarvon for the interest he evinced on our behalf, and for the patient manner in which he discussed the dift'erent ques- tions that were raised during the progress of our deliberations, and for his energy and perseverance in carrying the Act of Union through the House of LorcTs, and to the Duke of Buckingham and Chandos for the hearty manner in which he entered into the question of guarantee, and for his strenuous exertions to induce the Treasury Department to accede to the proposition we made for securing the money, and for successfully carrying the Bill for the guarantee througli the House of Lords; and to the Right Honorable Mr. Adderley for the ability he displayed in carrying the Act of Union and the guarantee through the House of Commons. We also desire to express our gicat obligations to the Right Honorable Edward Cardwell, and to the Right Honorable Mr. Gladstone, Mr. Watkins, and other Members of the opposition, for the cheerful and efficient aid they rendered in carrying the measure. P. MITCHELL, S. L. TILLEY, CHARLES FISHER, ROBT. D. WILMOT, E. B. CHA^'DLER, J. M. JOHXSOX. To His Excellency Major General C. Hastings Doyle, Administrator of the Government, &c. &c. &c. G. E. FBNETY, PRINTER TO THE QLEEN'S MOST EXCELLENT MAJESTY. N ' or the d fur- jesty's illions inking of the rovido on the should duced ) meet inking ion of to the 3n our t ques- br his •use of lanner mnous ion we for the lie Mr. id the orable atkins, d they )T, r.