DRAFT 
 
 OF AN 
 
 IMPEBIAL CONSTITUTION 
 
 J 
 
 WITH 
 
 COMMENTS, 
 
 BY 
 
 h:. fercy" BL.^]srci3:.^R,iD, 
 
 Barristei'-at-Law, 
 
 WINDSOR. NOVA SCOTIA, 
 
 C^S.iT-&.IDJ^. 
 
 IIAMKAX, X. S. : 
 
 NOVA SCOTIA PRINTING COMPANY. 
 
 1. •»><«. 
 
ft- 
 
INTRODUCTION. 
 
 What to the sons of some good parent is that happy home re-union, when, from east and west, 
 the hrothers scattered over every distant land again have turned their weather-beaten faces fatherwards, 
 even so the same to Britain's Sons, in every laud where British hearts and hands have reared them- 
 selves a Home, is the Glorious Federation of Our Mighty Empire. Far from our Motherland we each 
 of us have wandered in search for somewhere more particularly ours, but yet our tongues still sing a 
 Mother's songs and on our hearths yet burns the patriotic flame kindled from off Old Britain's firesides. 
 True, we may be Canadians or Australians or may have always lived in Merrie England, but we are 
 ever brothers ; and now that each of us can claim an Empire as his own, let us come home again and 
 make a Mightier Home, where yours is mine and mine is yours and all is ours together, and where in 
 peace or war we may be joined, a family united. Few are the hearts and old indeed that would not 
 feel a patriotic glow at such a hope, and fewer still that seriously doubt but that such hope may yet be 
 realized. 
 
 Many all over the British Empire are satisfied that a closer Union of that Empire is much to be 
 desired, and everywhere Associations and Clubs have been established specially to promote such a 
 Union ; but yet no detailed or even outlined Terms of Union have ever been made generally public. 
 
 The time is near when we must get beyond this initiative stage, and, having acknowledged that 
 Imperial Federation is desirable for the strengthening, defence and brotherly harmony of the Empire, 
 we must pass on to the means for accomplishing this happy result. 
 
 With that object in view, and with the hope that this mite may do at least a little good, the 
 writer has drafted a Bill to provide for the Empire a Constitution. It is impossible that people scattered 
 all over the world can, so separate and apart, agree upon any necessarily complicated scheme for Union, 
 and it is therefore essential that some plan should first be advanced, and then, if in the main it is 
 acceptable, minor points of difference can afterwards be compromised. It is best to begin at the very 
 foundation, and, that being fully completed, the superstructure can afterwards be safely added. 
 
 The Draft Constitution annexed the writer offers as his contribution towards the groundwork, 
 and hope.^ that it may in its outline meet the approval of some, and, in detail receive a fair consideration 
 by more. 
 
 H. P. B. 
 
 Windsor, N. S., 
 
 Camada, 
 
 AcocsT 23rd, 1886. 
 
COMMENTS, 
 
 I. ,_ 
 
 In outline it will Vie noticed (section 2) that the Empire is divided into five 
 Federacics, in accordance with the Continents to which the several parts belong. The.se 
 Federacies are composed of " Provinces " and " Territories " (sections 22, 23), the difference 
 being that Provinces are Locally' self-governed, while Territories are under the supervision, 
 iii Local matters, of the Federal Government. Provision is made (section 85) for tlie 
 construction of Provinces as soon as it appears that the Territory is sufiiciently mature for 
 such a change. 
 
 As to Legislatures, each Federacy (section 16) has a Council ; and for the Empire 
 (section 15) there is an Imperial Parliament. These Federal Councils consist of Her 
 Majesty the Empress and a House of Representatives. Representatives for Provinces are 
 elected indirectly by the people of the Province, in that the Members of the Local House, 
 themselves elected by the people, appoint the Federal Representatives of the Province. 
 
 Federal Reprt^sentatives on behalf of the Territories are appointed by Her Majesty 
 in Inipci'ial Privy Council (section 39). The Imperial Parliament consists of Her Majesty 
 the Empress and a House of Delegates. Each Federacy, by its House of Representatives, 
 appoints the Delegates in number (section 24) as it is entitled. 
 
 n. 
 
 It will thus be seen that, so far a-s the Provinces are concerned, the Local House of 
 Assembly, the Federal House of Representatives, and the Imperial House of Delegates are 
 all either mediately or immediately elected by the people. It might, perhaps, he considered 
 more democratic to have each Representative or Delegate chosen by a plebiscite of the 
 people, but expeiience has proved that .such general elections are fraught with great danger 
 and injury to the country. If we must choose between, on the one hand, the excitement, 
 anxiety, loss of time, ce.ssation of busine.ss, and the consequent expense brought upon a 
 country by a general election even though it be most in accordance with popular ideas, 
 and, on the other hand, the calm deliberations of some fiftj' or a hundred intelligent 
 bu.siness men themselves elected by the people, we tind the preponderating influences all in 
 favour of the latter method. We have only to take a single glance at the turmoil and 
 trouble into which the United iStates of America are thrown every few j-ears, during their 
 Presidential elections, to feel convinced. We admit the principle, but we avoid the cost. 
 
 Members elected as to the British House of Commons, once they are elected, ai"e 
 thenceforward irresponsible to the electors : — nothing but their own honour and a knowledge 
 that their actions will be weighed with them and their party at the next elections control 
 them. But with the Houses of Representatives or Delegates the ca.se is different. Their 
 actions can aiways be considered by tho.se who have appointed them, and if the acts of 
 individual Deie'rates are displeasing to the House of Representatives, section 55 provides a 
 means by which they can either be kept in the way they should go or be recalled. More 
 than that, if a House of Representatives do not deal with any of their Imperial Delegate.s, 
 or otherwise conduct themselves as the people demand, the people can bring pressure to bear 
 (section 4!)) upon the Representatives themselves through their House of As.sembly. 
 
 The will of the people changes. As an outcome of any Provincial Local Election, it 
 may be found tliat the Federal Representatives of the Province are not in accord with the 
 Local Government. In this event, the Local House of Assembly may suljstitute for tiny of 
 their then Representatives such as more fully sympathize with the desires of the Province. 
 
u 
 
 But, while it is felt that the bringing of Representatives and Delegates thus en rapport 
 with the people may generally be conducive to harmonious action, there maj' be circum- 
 stances outweighing the advantages. To withdraw a member of the Executive Council 
 suddenly would create great temporary embarrassment, and to make sudden changes in the 
 House whilst public questions were under discussion and in an unfinished state could not 
 but be prejudicial to good legislation. 
 
 «> m. 
 
 In regard to Federal Representatives for the Territories, it is not to be supposed, 
 because the inhabitants of the same have no direct opportunity to expret.s their wishes, that 
 therefore their wishes will not be consulted. Territories have not such Local self-govern- 
 ment as the Provinces possess, but yet they will be clothed with .such limited democratic 
 powers as are within the bounds of prudence and the nature of the country and its 
 circumstances and advantages warrant. If a people are very sparcely settled throughout a 
 country, if they are estopped through lack of communication, education, or information 
 from arriving at moderately correct opinions concerning the best interests of their country, 
 or are precluded by various insurmountable obstacles from explicitly expressing their 
 united desires, it is not only a farce to give them the ballot-box, but it is an injury, in that 
 a powerful tool is thereby put into the hands of a few .scheming persons, by means of which 
 they may accomplish their own selfish purposes. Far better a few hone.st, intelligent men 
 selected from among the people and having an intimate acquaintance with the wants and 
 peculiar circumstances of their own districts, even if the selection is made, not by, but on 
 behalf of the people. Then, when it is conceived that a Territory has reached such a stage 
 of civilization as to make it advisable to commit into its own keeping a share of govern- 
 ment, it can be done ; and so, as civilization advances, increased powers of Local self- 
 government will be added, until at last the Territory emerges a full fledged Province. 
 When in any case an opportunitj' exists for consulting representatives to a greater or les.s 
 extent of the people, provision is made for so doing (.section 45), but yet Her Majesty in 
 Council is empowered to decide to what extent the opinion of such representatives is the 
 opinion of the people generally, and whether the opportunities wliich these representatives 
 enjoy are such as to enable thein to advise with safety and for the best interests of their 
 country. Verj' few indeed of the Territories are now in such a primitive state as to be 
 unable to express, at least to a limited extent, their wishes in regard to Representation ; it 
 must not be concluded, then, because the direct appointment of Federal Representatives is 
 denied them, that therefore they will have no voice in their choice. The Empress in 
 Council intervenes really as a safe exponent of public opinion, and not as an arbitrary 
 power usurping rights and privileges to the people most justly belonging. 
 
 It is thus apparent that, until the Federal Franchi.se can safely be entrusted to the 
 Territories, their right of appointment must either be exerci.sed by an agent or not at all. 
 Certainl}- none would advocate the latter ; and if the former, where could that right and 
 power be more fitly placed than in the hands of Her Majesty in Imperial Council ? 
 
 : ' -■ .:- - ,- .- - . ' : ^"^- * - ■ " 
 
 Before considering the relative powers and jurisdiction of the several Parliaments, 
 we might pause to observe the manner in which corresponding powers are distributed in 
 other Federacies. And here before us, .side by side on this American Continent, we have 
 two different systems, the one in the Dominion of Canada, the other in the United States. 
 In the Dominion of Canada, all power and authority is vested in the Dominion (Jovernment, 
 save and except such as is specially reserved and yielded up to the Local Provincial 
 Governments. This has been the construction put upon the " British North America Act, 
 1867," under which the Provinces were confederated, although it must be admitted that 
 
Ill 
 
 latterly, as in " The Queen vs. Russell," and the " Mercer Case," Ihe Privy Council have 
 apparently evinced a sliirht disposition to retract their most advanced rulings. The United 
 States, on the other hand, were formed not so much by the interfusion of individual State 
 rights, as by the delegation of certain express powers to a central Federal Government, to 
 be exercised by that Government for the common good of all. Comparing the two Consti- 
 tutions, we may find, under that of Canada, more solidity, but yet with friction and 
 sectional jealousy ; under the other, more freedom of the several parts, but yet coupled with 
 a danger of future disintegration. A judicious combination of the two principles might be 
 expected to give the best results ; and it is on this presumption, with a tendency to follow 
 the Constitution of the United States in preference, that the powers and jurisdiction of the 
 Provincial, Federal and Imperial Governments have been distributed. 
 
 Under .sections 19-22, Provincial Local Parliaments are vested with absolute 
 authority on all matters and subjects, except as by the Constitution expressly limited and 
 reserved. Of the excepted subjects, such as are more particularly set out in section 16, are 
 delegated to the Federal Council. Those remaining (.section 15) are assigned to the Imperial 
 Parliament. 
 
 Turning our attention more particularly to the sub-sections of section 16, without 
 waiting to enlarge upon sub-section (1), and re.serving sub-sections (2) and (3) for after 
 comment, we think that sub-section (4), " The Postal Service within the Federacy," is in its 
 right place. Doubtless, it might be a subject for Imperial cognizance, but yet, remembering 
 the vast extent of the Empire, and the constantly increasing demands for prompt and 
 efficient postal service, it appears expedient that the enormous burden should be divided, 
 more especially since sub-section (14) of section 15 provides for Imperial control of " Foreign 
 and Interconfederate Postal Service.' As to our Citizen Soldiers (sub-section (6)), the 
 experience of Canada in the late North West rebellion alone proves what a power they may 
 be in Federal hands. Sub-section (7) has been inserted in contemplation of the immense 
 police force of India. In the ca.se of the Asian Federacy, the major portion of it being 
 Territories under the direct control of the Federal Government, the means for securing 
 obedience to authority must be immediately present. The Dominion of Canada also can 
 testify to the value of her mounted police in the North West, having thoroughly proved 
 them a most efficient arm of the law. Subsections (9) and (10) are fair subjects of 
 discussion, and many good reasons could be urg'^d why they should be under Imperial 
 jurisdiction. Passing next to sub-section (17), we feel that here, too, an argument is 
 admi.ssible, as to whether the matters in this sub-section mentioned should have been left 
 with the Local or Federal Government. But, considering that the whole Empire jointly as 
 well as severally is deeply interested, there is at least an excuse for the present distribution. 
 
 Pa,ssing over the sub-sections of .section 15, we will stop to call attention to sjctl- ns 
 64 and 65, relating to legislation by other Governments upon the subjects and matters 
 mentioned, when the primary right to legislate is not adopted by the Government to whom 
 it is so conferred. 
 
 But before leaving section 1 5, we will notice that to the Imperial Parliament, under 
 sub-sections (1) and (27) is a.ssigned the right to legislate upon the Imperial Constitution, 
 .subject to the restrictions of section 87, and to disallow Provincial and Federal Acts. Here 
 we discover a light yet powerful lever by which the whole Empire may be controlled. Of 
 such a nature as only to be used in emergencies, it ought yet to be found equal thereto, 
 coupled as it could be with the latent Imperial power existing in sections 39 and 49. Here, 
 and under section 51, Her Majesty in Imperial Council has the right to appoint all 
 Territorial Federal Representatives, and the discretion could be used, if Her Majesty in 
 Imperial Council desired, for Imperial ends. But yet a power just as dangerous lies with 
 Her Majesty at present to pack the House of Lords, but wiiat else than the safet}' of the 
 Kingdom would excuse her Council in advising such a desperate measure ? As to the one 
 so to the other can the same arguments be applied, and to which the simple answer remains : 
 " Under God the People rule." 
 
xy 
 
 Examining now sections 8-14, we liave tlie Executive Autliority referred to and 
 distributed. We \vo\il<i like at this jvuieture to invite criticism upon the words in section 
 H, "and of Britoiiy the Grand, Empress." 
 
 It was witii some solicitude that the.se words were committed to print, and finally 
 done rather from a desire to supply temporarily the blank, than to suj^yest them as 
 conclusive. The En<Tlish vocabulary was dilit;ently searched, but Avith only this success. 
 In fact the adjective "Anglican"' as used with the word " Federac}' " was only admitted on 
 probation, and tlien ptrlmps be'^ause there appeared none better. The word "British" was 
 better, but it had to be reserved for Imperial purposes. "Saxon" has. we are sorry to saj^ 
 to some a something of otiensiveness about it ; " English" is just as local a term as " Scotch " 
 or " Irish " : " An<.;lican " alone remained with any claims for favour, and ajjainst it too, in 
 an extremity, the same objection mii^ht be ursjed as aijainst "Enjrlish." But yet, like .some 
 old traveller, " Anglican," after its journey through the Latin Kingdom, has lost some of 
 its rusticity, and ha.s a.ssumed a more cosmopolitan air: we feel that the scholarly stranger, 
 in the absence of competition, takes precedence over his home staying brethren. Returning 
 to " Britony the Grand," perhap.^ the greatest oVnection is possibly some lurking insinuation 
 of a certain pomposity concealed beneath a valid title to greatness. He is very near akin 
 to our old friend "(Jreat Britain," maybe none other than he in disguise, and we know his 
 glorious sister " Britannia " : it remains to be seen what may be his reception. 
 
 " Empress," we claim, is a title but the natural outcome of Imperial Union : none 
 will controvert the term unless to find a greater. 
 
 Under the " British North America Act, 1867," there was left a debateable point, 
 namely, as to the prerogatives and standing of Lieutenant Governors throughout the 
 Canadian Provinces. (We would apologi.se for referring thus to Canadian matters, were it 
 not that the Dominion of Canada is itself a Federac}', from the experience of which 
 examples can be drawn of .service in connection with Imperial Federation.) But this matter 
 ■was indirectly decided bj^ the Privy Council latelj' in the " Mercer Case." Section 11 is 
 but a .synopsis of their judgment on the point. 
 
 •^ ■ .. ' ' v:.-.: -'-- -^j-x. - ; / ^ ■ ' - 
 
 The division into three cla.sses, as described in sections 43 and 53, of seats in the 
 Houses of Fe ' lal Representatives and Imperial Delegates is copied from the constructicjn 
 of the American Senate. Umler the system there pur.sued, the Hoii.se is never without a 
 majority of experienced men, while at the same time new blood is being constantly infused. 
 This has been found to work well, and no doubt the past can be taken as an index of the 
 future. 
 
 There may be times when, from a combination of circumstances, busine.ss may be so 
 retarded or stopped t))at what is understood as a deadlock may occur. In the House of 
 '.'criimops, on such an occasion, resort would probably be had to a di.s.solution. But to a 
 Hou.se of Representatives or Delegates this is denied, and in its place the remedy found in 
 sections 50, 51, and 57 is provided. 
 
 The term "Qualified Member" introduced in section 72 is to be met with also in the 
 Constitution of the United States, in similar company. Some criterion nmst be found by 
 whij',1 to ascertain the proportionate amount of taxes payable by the several portions of the 
 
i 
 
 Empire in their contributions to a joint treasury. Population alone will not do, on account 
 of the immense number of savai^es and indigent laborers in the Colonies an! India; but 
 popvilation under certain qualifications might. Assessable property might have been chosen, 
 and for many good reasons, while perhaps the greatest objection thereto is in the necessary 
 complication and the opportunities atforded for frauil. In advancing the"'Qiialitied Memlier" 
 system we inteml no retiection upon a fair assessment plan, only, in the event of the latter 
 being preferred, we would suggest that the assessment be made up under Imperial 
 supervisit-n, and on personal a.s well as real property. 
 
 Section 79 is but the ultimate conclusion to its preceding section. While Political 
 Economists may be divided into two great classes, — " Free Traders " and " Protectionists," it 
 does not follow that all those of the latter class are so on principle. In fact we feel safe in 
 asserting that fully one half of the avowed Protectionists are in heart Free Traders, but 
 have been led to espouse Protection under the pressure of circumstances. Having concluded 
 that Free Trade pure and simple is unobtainable, and of the two evils choosing the less, 
 they have accepted " Protection " in preference to what somebody has styled "jug-handled " 
 Free Trade. Such was Canada's position. With a ricli manufacturing neighbour just to the 
 south of her, using British American ground simply as a slaughter market, no choice but 
 Proti^ction in some form or other was left Canada if she wished to preserve, not to say 
 advance, her manufacturing industries. More than that, duties fully twenty per cent, 
 higher than her own shut out her products, so, if she could not sell to the United States, 
 she at least should be allowed to sell to herself. For years there has been on her Statute 
 Books, a standing offer of Commercial Rec: )rocity, but it is too mucli to expect her to give 
 all, iind receive nothing, by declaring a one sided Free Trade. Much against her will .she 
 was precluded from discriminating in favour of the Mother Country, in that, the admission 
 of goods into Great Britain being practically free, her Custom.s would be defrauded by 
 foreigners bringing in their produ('° via England. Imperial Federation without intercon- 
 federate Free Trade would be, commercially at least, but a name, and yet, if one Province 
 or Federacy is to be protected, everj- other part of the Empire must also levy on that foreign 
 article at least an equal duty; a,s well lock four gates and leave the fifth wide open. It was 
 with these facts in mind that section 78 was framed, and that " Customs and Duties," 
 .section 15 subsection (9), were made subjects of Imperial cognizance, and, by section 16, 
 subsection (2), were taken from the Federacies. 
 
 There is no doubt but that under section 1.5, subsection (2), irrespective of section 
 79, the Imperial Parliament would have had the power by the latter section declared, but, 
 in this case, it appeared best to be explicit. 
 
 While, at the present time, in the interest of young Colonies, it might be advisable to 
 levy duties under .section 15, sulKsection (9), and thereby provide the Imperiid Exchequer 
 with sufficient money, that source would not alwaj's be available. Consequently, that being 
 about the only direct means of any importance for raising its revenue, the Empire must 
 look to the Federacies. They in their turn must either fall back upon the Provinces and 
 Territories or take advantage of section 16, subsections (2) and (3). But this last method 
 of filling the treasury is not intended to be so resorted to. Rather, subsection (2) is inserted 
 as the complement of subsection (3) and as an abiding guarantee of the ability to repay 
 money borrowed under subsection (3) when, a large sum of money being at once demanded, 
 it i.s deemed inadvisable to call immediately upon the Provinces and Territories for the 
 same. 
 
VI 
 
 Sections 83, 84 and 86 being merely declaratory, are but the expression of admitted 
 facts. 
 
 Ignorance is the mother of vice and lawlessness, and these bring upon a nation 
 calamity and ruin. Nothing has been found so able to cope successfully with ignorance as 
 the Free School system ; we may rest assured that the Empire will to its utmost advance 
 the cause of Education. 
 
 God is the Author and Foundation of all good Laws. The Decalogue is the synopsis 
 of the Law of the Land. Christianity comprehends all. Section 86 is of right entitled to 
 the most honoured place in the British Constitution. 
 
 We will now take a brief glance at what may be called the compulsory provisions. 
 These are contained in sections 38, 47 and 82. It has been said that a nation's cannon are 
 her best peace-makers. Be that as it may, it is well to be prepared for any emergency, 
 however remote. The powers given under these sections may never be needed, we trust 
 not, but let them remain. 
 
 It may be a long time before section 88 forms part of an Act of the British 
 Parliament. But Father Time does not move as slowly as of old. As the locomotive 
 rattles along its iron roa 1. as the grayhound of the ocean speeds from continent to continent, 
 as the captured lightning, bound within a mesh of countless wires, flashes from east to west, 
 so now the Withered Harvester shakes out his dusty wings, and leaping onward, gathers 
 up a century in half a score of years. When Joshua was Judge, the sun and moon stood 
 still, but now the Universe revolves, and will again by fifty years have spun a thread to 
 equal which the Fates of History must toil from Adam's time. What may not happen 
 within fifty yeara ? Imperial Federation ? 
 
DRAFT OF A BILL, 
 
 ENTiTULED 
 
 AN ACT to provide an Imperial Constitution for the British Empire and to 
 consummate a closer union between its integral parts. , ., 
 
 Whereas it is believed that matters of a local nature can be most advantageously 
 dealt with by legislators drawn from the locality ; 
 
 And whereas, since in some matters many districts, localities and provinces are 
 jointly interested, such matters should receive the consideration of such districts, localities 
 and provinces jointly ; 
 
 And whereas it is considered right and expedient, and for the safety and advantage 
 of the British Empire, that, in legislation upon matters and subjects of direct interest to the 
 Empire at large, the several portions of the Empire should be represented and take part ; 
 
 And whereas it would be desirable and conducive to the welfare of the British 
 Empire and its several parts that the same should be more closely and harmoniously united; 
 
 Be it therefoi'e enacted an<i declared bj- 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 : 
 
 Section 1. Great Britain and Ireland, her Colonies and Dependencies, shall be and 
 are hereby constituted " The British Empire." to be known as such, or as " Britony 
 the Grand." 
 
 2. The British Empire is hereby divided into five Federacies, namely : 
 I. " The British Anglican Federacy," or " Anglican Federacy." 
 II. " The British Asian Federacy," or " Asian Federacy." 
 
 III. " The British African Federac}'," or " African Federacy." 
 
 IV. "The Britii'h American Federacy," or " American Federacy." 
 
 V. " The British Australasian Federacy," or " Australasian Federacy." 
 
2 
 
 3. The Anglican Federacy shall consist of 
 
 The British Isles, 
 Heligoland, 
 Gibraltar, 
 « Malta and Gozo, 
 
 ,; Cyprus, 
 
 Aden and Perim, and other British European possessions, 
 and sucli Territories as shall by the Imperial Parliament be added to the said Federacy, 
 
 4. The Asian Federacy shall consist of 
 
 Labuan, 
 
 India and Burmah, 
 ." * -^ Ceylon, 
 
 Straits Settlements, 
 
 Hong Kong, and other British Asian Territory, 
 and such Territories as shall by the Imperial Parliament be added to the said Federacy. 
 
 5. The African Fedt^racy shall consist of 
 
 Cape Colony (including Transvaal), 
 Natal, 
 
 Sierra Leone, 
 ■ Gambia, 
 
 , Gold Coast Colony, 
 St. Helena, 
 Ascension, 
 
 Mauritius, and other British African Territory, 
 and such Territories as shall by the Imperial Parliament be added to the said Federacy. 
 
 6. The American Federacy shall consist of 
 
 The Dominion of Canada, 
 
 Newfoundland. 
 : ' Briti.sh Honduras, 
 
 British Guiena, 
 
 Bermuda, 
 
 The British West Indies, 
 
 Falkland Isles, and other British American Territory, 
 and .such Territories as .shall by le Imperial Parliament be added to the said Federacy. 
 
 7. The Australasian Federacy shall consist of 
 
 Australia, 
 Tasmania, 
 New Zealand, 
 
 Fiji, and other British Australasian islixnds, 
 and such Territories as shall by the Imperial Parliament be added to the said Federacy. 
 
s 
 
 8. The Executive Government and Authority of and over the Empire, the Federacies 
 factors thereof, and the several Provinces therein, is hereby declared to be, remain and 
 continue in Her Majesty the Queen, her Heirs and Successors, Kings and Queens of the 
 United Kingdom of Great Britain and Ireland, and, of Britony the Grand, Empress, with 
 her and their Rights, Powers and Prerogatives full, unimpeached and undiminished, and 
 Her Majesty the Empress will in the Asian, the African, the American and the Austraiasian 
 Federacies, be represented by Governor Generals. 
 
 9. The Term of Office of Governor Generals shall be six years, subject to removal at 
 Her Majesty's pleasure, and their salaries shall be fixed and provided by the Imperial 
 Parliament. 
 
 10. It shall be lawful for the Empress, if Her Majesty think.*) fit, to authorize the 
 Governor General from time to time to appoint any person or any persons to be his Deputy 
 or Deputies within any Province or anj"^ Territories joint or several, and in that capacity to 
 exercise, during the ple«usure of the Governor General, such of the Powers, Authorities and 
 Functions of the Governor General as the Governor General deems it necessary or expedient 
 to assign to him or them, subject to any limitation 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. 
 
 11. Her Majesty the Empress will be represented in the several Provinces by 
 Lieutenant Governors, carrying on the Local Government on behalf of and in the name of 
 the Empress. 
 
 1?. The Empreas, or the Governor General on behalf of the Empress, will appoint 
 over the Provinces Lieutenant Governors, who shall not be removable within their Term of 
 five years except for cause assigned, to be communicated within one month after the 
 making of the Order for removal ; and, upon any removal, the cause assigned shall be 
 communicated by Message, within one week after the making of said Order, to the Federal 
 Council then in session, or if not, then within one week after the commencement of the next 
 session of Federal Council. 
 
 13. Tlie salaries of Lieutenant Governors shall be fixed and provided by the 
 Federal Councils. 
 
 14. Everj^ Lieutenant Governor shall, before assuming the duties of his Office, make 
 and subscribe before the Empress, the Governor General, or before some person duly 
 authorized. Oaths of Allegiance and Office similar to those taken by a Governor General. 
 
 1.5. There .shall be for the British Empire a Parliament, to be known as the 
 " Imperial Parliament, " or " British Imperial Parliament," and to consist of Her Majesty the 
 Empress and a House of Imperial Delegates, which Parliament shall have absolute 
 jurisdiction over and throughout the British Empire, upon and concerning the following 
 subjects, that is to say : — 
 
' • (1). The British Imperial Constitution. '-': 
 
 ^ (2). Treaties, Aliens and Naturalizati..n. .•.;•' 
 
 -■7 (3)- Extradition. ;■:■--■ ■ 
 
 • (4). Defence and Safety of the Eirpirc. 
 
 (5). The Ami} and Navy. ^ ' 
 
 ■ ^ (6). Imperial Finances and Property. 
 
 (7). The Establishment and Maintenance of Marine Hospitals. 
 (8). Marriage and Divorce. 
 
 (9). Customs and Duties on anything imported or exported into or out of the 
 ' Empire. 
 
 (10). Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but 
 
 including Procedure in criminal matters. 
 (11). The neces.sary means for enforcing the Laws and preserving the Peace of 
 
 the Empire. 
 (12). The fixing of and providing for the Salaries and allowances of Civil and other 
 
 Officers of the Empire. 
 (13). Navigation and Shipping. 
 (14). Foreign and Interconfederate Postal Service. 
 
 (15). Lines of Steam or other Ships, Railways, Ferries, Canals, Telegraphs, Electric 
 Cables, and other Works and Undertakings between Federacies, or between 
 the Empire and foreign counti'ies. 
 (16). Such Works as, although wholly situate within a Federacy, are, before or after 
 their execution, declared by the Imperial Parliament to be for the general 
 advantage of the Empire or any portion of it bej ond that Federacy. Over 
 and concerning such Works as are mentioned in this sub-section, the Imperial 
 Parliament may, at its option, assume either exclusive or any less 
 jurisdiction. 
 (17). Currency and Coinage. 
 (18). Legal Tender. ! 
 
 (19). Interest. • • 
 
 (20). Weights and Measures. 
 (21). Bills of Exchange and Pi-omissory Notes. 
 (22). Patents of Invention and Discovery. 
 (23). Copyrights and Trademarks. 
 (24). Imperial Statistics. 
 
 (25). Scientific Explorations and Investigations. 
 (26). Otiier matters and subjects, in whole or in part, of Imperial interest, but only 
 
 a.s such. 
 (27). The Disallowance of Provincial and Federal Acts. 
 
 ,, Other matters and subjects by the Imperial Constitution expressly assigned to the 
 ,. 5 Imperial Parliament. 
 
 16. There shall be in and for each of the Federacies a Federal Council, to consist of 
 the Empress and a House of Federal Representatives, which Federal Council shall have, 
 over, within and throughout its own Federacy, absolute jurisdiction, e.xcept as by the 
 
Imperial Constitution expresslj' limited or qualified, upon and concerning the following 
 subjects, that is to say : — 
 
 (1). The Public Debt and Property of the Federacy. 
 
 (2). The raising of money by any mode or system of Taxation, excepting Customs 
 
 and Duties on Imports and Exports. 
 (3). The Borrowing of Money on the Public Credit. 
 (4). The Postal Service within the Federacy. 
 (5). The Census and Statistics. 
 (6). Militia and Volunteers, and Defences. 
 (7). Federal Police, and the necessary means for enforcing the Laws and preserving 
 
 the Peace of the Empire. 
 (8). The fixing of and providing for the Salaries and Allowances of Civil and other 
 
 Officers of the Federacj*. 
 (9). Banking, Incorporation of Banks, and the issue of Paper Money. 
 (10). Savings Banks. ' 
 
 (11). Beacons, Buoys and Lighthouses. 
 (12). Contagious and Infectious Diseases. 
 (13). Quarantine. 
 
 (14). Immigration and Emigration, concurrent with Imperial and Local Parliaments. 
 (15). The Industries, Sciences and Arts, concurrent with Imperial and Local 
 Pf.rliaments. 
 ■ - (16). Seacoast and Inland Fisheries. 
 
 - (17). The Regulation and Prohibition of the manufacture, importation, sale, 
 possession and use of and trafiic in Poisons and Spirituous, Malt and 
 Intoxicating Liquors. 
 (18). Indians and Savages, and Lands reserved for them. 
 (19). The establishment, maintenance and management, so far as not to conflict 
 
 with Imperial Laws, of Penitentiaries. 
 
 (20). Lines of Steam or other Ships, Railways, Ferries, Canals, Telegraph, and 
 
 other Works and Undertakings connecting Province or Territory with one 
 
 1 another, or a Federacy with any foreign country, or extending beyond the 
 
 limits of a Province, but subject to Imperial Regulations for Imperial 
 
 Purposes. 
 
 (21). The Assumption and Management, as Federal Public Works and Undertakings, 
 
 of such as are mentioned in the next preceding sub-section. 
 (22). Such Works as, although wholly situate within a Province, are, before or after 
 their execution, declared by the Federal Council to be for the general 
 advantage of the Federacy or any Portion of it beyond that Province. 
 (23). The Incorporation of Companies with more than Provincial Rights. 
 (24) The Imposition of Punishment by Fine, Penalty, or Imprisonment, for enforcing 
 any Law of the Federacy. 
 
 Other Matters and Subjects by the Imperial Constitution expressly assigned to the 
 Federal Councils. 
 
17. The several Federal Councils shall, so far as they do not infringe upon t'le rights 
 and powers of and eonilict with the Imperial Parliament, have, over the Territories within 
 their respective Fcderacies, a.s I'ull power and jurisdiction as the Parliament of Great Britain 
 and Ireland, and may make such laws for the government, control and well-heing of their 
 Territories as to the Federal Councils appear to he the most beneficial for such Territories, 
 individually, or as parts of the Federacy and Empire. 
 
 18. All Acts and Appointments, whether of Executiv-e Officers or otherwise, done 
 and made heretofore hy Her Majesty the Queen, in Council or otherwi.se, will hereafter, for 
 tlie Territories not within the Anglican Federacy, be done and made, when not conflicting 
 with Imperial Rights, by the Governor General, in Council or otherwise correspondingly, of 
 the Federacy of which the Territories form part. 
 
 19. There shall be for England and Wales conjointly the English Local Parliament, 
 to consist of Her Majesty the Queen and a House Df As.sembly, which shall have absolute 
 authoritj' and jurisdiction, over, within and throughout England, Wales and the Channel 
 Islands, upon all matters and subjects which heretofore could or ntight be legislated upon 
 by, or come under the cognizance of the Parliament of Great Britain and Ireland ; saving 
 and excepting, however, such authority and jurisdiction as is conferred exclusively on, or 
 delegated exclusively to th« Anglican Federal Council and the Imperial Parliament, or 
 either of them. 
 
 20. There shall be for Scotland, including the Hebrides, Orkney, Shetland and other 
 Islands before the Union belonging thereto, the Scottish Local Parliament, to consist of Her 
 Majesty the Queen and a House of Assembly, which shall have, over, within and throughout 
 Scotland, authority and jurisdiction similar ajid equal to that of the English Local, 
 Parliament. 
 
 21. There shall be for Ireland the Irish Local Parliament, to consist of Her Majesty 
 the Queen and a House of Assembly, which shall have, over, within and throughout Ireland, 
 authority and jurisdiction similar and equal to that of the English Local Parliament. 
 
 22. There shall be for Madra-s, Bombay, Cape Colony, Natal. Gold Coast, Sierra 
 Leone, Ontario, Queliec, Nova Scotia, New Brunswick, Prince Edward Island, Manitoba, 
 British Columljia, Newfoundland, Victoria, New South Wales, Queen.sland, South Au.stralia, 
 West Australia, North Australia, Tasmania, and New Zealand, respectively, a Local 
 Parliament, being the present Legislative organization, as there now constituted,, so' to- 
 remain until by its Provincial con-stitWition witliin its own jurisdiction and control it .shall 
 see tit to change the same, which Local Parliament .shall have, within its Province, authority 
 and juris<liction .similar and equal to that of the English Local Parliament, and of which 
 Local Parliament Her Majesty the Empress, by and through her Lieutenant Governor, shall 
 be the Executive Head. 
 
 23. Each several portion of the Empire under the jnrisdiction of a Local Parliament 
 shall be and be known as a " Province," each several and integral portion of the Empire 
 under the direct jurisdiction and supervision of a Federal Council shall be and be known as. 
 
a " Territory," and each portion under the direct jurisdiction, supervision, or protection, as 
 independent to a greater or less extent of the Imperial Parliament, shall be known as a 
 " Connection." 
 
 24. The House of Imperial Delegates shall be composed of 203 Delegates, of whom 
 €0 shall form a quorum, and of whoui 103 shall be chosen by the Anglic;in House of 
 Representatives, 25 shall be chosen by the Asian House of Representatives, 15 shall be 
 chosen by the African House of Representatives, 35 shall be chosen by the American House 
 of Representatives, and 25 shall be chosen bj^ the Australasian House of Representatives. 
 
 25. The House of Federal Representatives for the Anglican Federacy vshall be 
 composed of 103 Repi'esentatives, of whom 25 shall form a quorum, and of whom England 
 and Wales shall be entitled to 75, Scotland to 10, Ireland to 16, and the Anglican 
 Territories to 2, which total number of 103 Representatives shall be preserved, however 
 hereafter their distribution within the Federacy may be changed. 
 
 2(5. Upon the twenty-third day of April, 1888, the House of Commons of Great 
 Britain and Ireland shall divide into three portions, the first portion to consist of all and 
 every the members for constituencies in England and Wales, the second portion to consist 
 of all and every the members for constituencies in Scotland, the third portion to consist of 
 all and every the members for constituencies in Ireland : The first portion with all diligence 
 shall choose and appoint 75 duly qualified voters to represent England and Wales in the 
 Anglican Federal Council ; the second portion w ith all diligence shall choose and appoint 
 10 dulj' qualified voters to represent Scotland in the Anglican Federal Council ; the third 
 portion w^ith all diligence shall choose and appoint 16 duly qualified voters to represent 
 Ireland in the Anglican Federal Council, and the Chairman of each respective portion shall 
 certify to Her Majesty the Empress the names, with place of residence and additions, of 
 those appointed, together with each Representative's acquiescence in and acceptance of said 
 appointment in writing, signed by such representative. 
 
 27. Her Majesty in Council will then choose and appoint 2 fitting persons to 
 represent the Territories within the Anglican Federacy in the Anglican Federal Council. 
 
 28. Her Majesty the Empress will thereupon summon the Representatives appointed 
 as in the two sections next previous, to meet her as her House of Federal Representatives in 
 Anglican Federal Council. 
 
 29. Upon the Anglican Federal Council assembling, the Parliament of Great Britain 
 and Ireland shall without delay finish all necessary business before it, and thereupon notify 
 Her Majesty the Queen to that ett'ect, whereupon Her Majesty the Qileen will dissolve the 
 said Parliament of Great Britain and Ireland. But of the House of Commons, Her 
 Mrtjest}'^ thertijueen will summon all those members for constituencies in England and 
 Wales to meet her in London as her House of Assembly in English Local Parliament, all 
 those members for constituencies in Scotland to meet her in Edinburgh as her House of 
 Assembly in Scottish Local Parliament, and all those members for constituencies in Ireland 
 to meet her in Dublin as her House of Assembly in Irish Local Parliament. 
 
 30. Thereafter, upon the vacating of any seat in, or the dissolution of the English 
 
8 
 
 or Scottish or Irish Local Parliament, Her Majesty the Queen will issue writs for the return 
 of such members as are necessary, as heretofore for the return of members to serve in the 
 Parliament of Great Britain and Ireland. 
 
 31. The House of Federal Representatives for the Asian Federacy shall be compo.sed 
 of 100 Representatives, of whom 25 shall form a quorum, and of whom Madras .shall be 
 entitled to 7, Bombay to 7, and the Asian Territories to 86. 
 
 32. The Asian Territories shall be divided into as manj^ districts as there are 
 Representatives for the Territories, and each Representative shall more particularly 
 represent and, if advisable, be chosen fi'om the district to which his seat is ascribed. 
 
 33. The House of Federal Representatives for the African Federacy shall be com- 
 posed of 57 Representatives, of whom 21 shall form a quorum, and of whom Cape Colony 
 shall be entitled to 30, Natal to 7, Gold Corist to 10, Sierra Leone to 1, Gambia, St. Helena, 
 Ascension and other Territories to 2, and Mauritius to 7. 
 
 34. The House of Federal Representatives for the American Fcderacj* .shall be com- 
 posed of 57 Representatives, of whom 21 shall form a quorum, and of whom Ontario shall 
 be entitled to 20, Quebec to 14, Nova Scotia to 5, New Brunswick to 4, Prince Edward 
 Island to 2, Manitoba to 1, the North West Territories to 2, British Columbia to 1, New- 
 foundland to 3, Bermuda, the Bahamas and the Falkland Isles to 1, the Windward Islands 
 and Trinidad to 1, the Virjjin and Leeward Islands to 1, British Guiana to 1, and Jamaica 
 and British Honduras to I. 
 
 35. The House of Federal Representatives for the Australasian Federacy shall be 
 composed of 35 Representatives, of wliom 9 .shall form a quorum, and of whom Victoria 
 shall be entitled to 7, New Soutli Wales to 7, Queensland to 3, South Australia to 2, West 
 Australia to 2, North Australia to 1, Tasmania to 3, New Zealand to 3, and the Australasian 
 Territories to 7. 
 
 36. On the tenth day of January, 1888, Her Majesty the Empress will cause writs 
 to be issued to the Lieutenant Governors of the .several Provinces within the Asian Federacy, 
 the African Federacy, the American Federacy, and the Australasian Federacy, calling upon 
 the said Provinces to choose and appoint, within a time limited, Representatives, in number 
 as each Province is entitled, to meet her within their respective Federacies, as her House of 
 Federal Representatives in Federal Council. »- , v .; f ..: 
 
 37. Each Lieutenant Governor .shall, upon receiving .such writ, summon the Local 
 Parliament within his Province, in order that the Hou.se of Assembly may obey Her 
 Majesty's writ, and siiall return thereto to Her Majesty certified the names, with place of 
 residence and additions, of the Representatives appointed, together with each Represen- 
 tative's acquiescence in and accept»ince of said appointment, in writing, signed by such 
 Representative. 
 
 38. If any Province do not in accordance with Her Majesty's writ appoint its full 
 number of Representatives and have the requisite return made within the time stated. Her 
 
9 
 
 Majesty in Privy Council will choose and appoint, lor and on behalf of such Province, as 
 many Representatives as are necessary to coaipl«te the repi^esentstion of such Province. 
 
 39, H«r Majesty the Empress in Privy Council will choose and appoint, for and on 
 behalf of tlie respective Territories, the Federal Reprasentatives to whom they are entitled. 
 
 40. Ais soon as practicable after the time fixed for the return of Her Majesty's writs. 
 Her Majesty hy Proclamation will summon the Representatives appointed to meet her at a 
 place within their respective Federacies, as Houses of Representatives in Federal Council. 
 
 4L Upon the first assembling of any Federal Council, the Local Legislatures of the 
 Provinces within the jurisdiction of such Federal Cousicil shall at once be vested with the 
 authority and jurisdiction by the Imperial Constitution conferred upon and assigned to Local 
 Parliaments. 
 
 42- Upon the first assembling of the American Federal Council, the Parliament of 
 the Dominion of Canada shall, without delay, finish all necessary business before it, and 
 thereupon notif}' the Governor-General of Canada to that efiect, v/hereupon the Governor- 
 General, in the name of the Queen, will dissolve the said Parliament of Canada. • - 
 
 43. Each House of Representatives, immediately after its first assembling in Federal 
 Council, shall proceed to divide as equally as possible the seats of Representatives into three 
 classes. Seats in each class shall become " renewed," and ipse facto stand vacated upon the 
 expiration of every term of six years from their last previously becoming renewed. Seats 
 in the first ela.'js shall first become renewed on the 31.st day of December, 1880 ; seats in the 
 second class shall first become renewed on the 31st day of December, 1891 ; and seats in the 
 third class shall first become renewed on the 31st day of December, 1893, in order that 
 thereafter one third of all the seats shall become renewed every second year on the 31st 
 day of December. 
 
 44. Every seat so becoming renewed, or at any time during the term becoming 
 vacated by death or otherwise, shall be filled, without any writ issuing by Her Majesty to 
 that eflect, by or on l>ehalf of the Province or Territory, as the case may be, entitled to the 
 representation, and the Representative shall be appointed for the term or unexpired portion 
 of the term, as the case may be, of the seat which he is to fill. 
 
 45. When it devolves upon Her Majesty in Imperial Council to appoint a Federal 
 Representative on behalf of any Territory, Her Majesty, if in Council Her Majesty deems it 
 advisable, may call upon any person, persons, corporation or executive and, oi; Legislative 
 body to nominate a Representative, and Her Majesty in Council may either appoint such 
 nominee or any other person, as Her Majesty in Council deems it advisable. 
 
 46. The Local House of Assembly or other Legislative body elected by the people 
 for a Local Parliament, by whatever name known, shall choose and appoint, for and on 
 behalf of the Province, the Federal Representatives to whom the Province is entitled, and, 
 if any vacancy happens during the recess of the Local Assembl}' entitled to fill such vacancy, 
 the Executive thereof may make a temporary appointment until the next nieeting of the 
 Assembly which shall fill the said vtMsancy. 
 
47. If any seat in the Feileml Honse of Representatives become vacated and the 
 Province entitled to fill the vacancy neglect or refuse for six months next after the said seat 
 lirst so Lecame vacatetl, to till the same, Her Majesty in Imperial Council may, Ga behalf of 
 the said Province, appoint a Representative to till the same, and such appointment shall 
 have the same effect as if the said Representative had been regularly appointed by tlie 
 Legislative Assembly of tlie siiid Province. 
 
 48. Federal Councils sliall meet for the transaction of business at least once every 
 year, and shall never be dibsolved, but may bv prorogued from time to time by Her 
 Majesty the Empress. >v*;v '. ■ -^ ■ ^t*; v .?■ 
 
 49. The Local Assembly of any Province, on its own behalf, in response to Her 
 Majesty's writ mentioned in the section next following, or of its own motion, or Her 
 Majesty in Imperial Council, on behalf ot any Territory, may, at any time except when the 
 Federal Council is in session, withdraw and cancel the appointment of any of their own 
 appointed Representatives not being at the time a meml>er of the Federal Executive 
 Council, and in his place appoint and substitute, for the remainder of the term of tl\e seat 
 occupied by him, any other duly qualified person. 
 
 50. When Her Majesty the Empress deems it expedient and in the interests of the 
 Federacy, Her Majesty may prorogue the Council of such Federacy, and cause to be issued 
 writs to the Lieutenant Governors of the several Provinces within the said Federacy, calling 
 upon the Houses of Assembly in said Provinces to reconsider their appointments of Repre- 
 sentatives, and the said Houses of Assembly may substitute and, in the place of any or all 
 of their then Representatives, whether a member of the Federal Executive Ccncil or not, 
 appoint new Representatives, and shall with all due speed make a return of their doings to 
 such writ accordingly. 
 
 51. If, after the returns mentioned in the next preceding section are made, it appears 
 to Her Majesty that the impediment to proper legislation which necessitated the issuing of 
 said writs still exists, Her Majesty the Empress in Imperial Council will then reconsider the 
 representation on behalf of the Territories of the said Federacy, and make such substitutions> 
 if any, as appear most advisable and expedient. 
 
 52. Upon the fir.st day of June. 1888, Her Majesty the Empress will, by message to 
 the several Houses of Representatives within the Empire, call upon the said Houses of 
 Representatives each to choose and appoint as many Delegates as to its Federacy are 
 assigned. Up«n receiving Her Majesty's Message, the said several Houses of Representatives 
 shall at once proceed to comply therewith, and shall respond thereto, certified to Her 
 Majesty the Empress, the names, with place of residence and additions, of the fuH number 
 of Delegates chosen and appointed, together with each Delegate's acquiescence in and 
 acceptance of said appointment, in writing, signed by each Delegate, and thereupon Her 
 Majesty the Empress will, by Imperial Proclamation, summon the said Delegates upon a 
 day fixed, to meet her as her House of Delegates in Imperial Parliament. 
 
 53. The House of Delegates, immediately after its first assembling in Imperial 
 Parliament, shall proceed to divide the seats of Delegates into three cla.sses, as in the House 
 
tl 
 
 of Representatives, but seats in the first class shall first become renewed on the 31st «lay of 
 March, 1890; seats in the second class shall first become renewed on the 31st day of March, 
 1892; and seats in the third class shaJl first become renewed on the 3l«t day of March, 
 1894, and so to continue for their term of six years, and so that thereafter one-third of all 
 the seats shall become renewed every second year on the 31st day of March. 
 
 53. Every seat so becoming renewed, or at any time daring its term becoming 
 vacated by death or otherwise, shall be filled, without any writ issuing by Her Majesty the 
 Empress to that effect, by the House of Representatives for the Federacy entitled to the 
 representation, and the Delegate shall be appointed for the term or unexpired portion of the 
 term, as the case may be, of the seat which he is to fill. . 
 
 54. If any vacancy happens during the recess of the House of Representatives 
 entitled to fill such vacancy, the Federal Executive Council for the Federacy may make 
 temporary appointments until the next meeting of the said House of Representatives, which 
 shall then fill the vacancy. 
 
 55. Any House of Representatives may, at any time except when the Imperial 
 Parliament is in session, withdraw and cancel the appointment of «my of their own 
 appointed Delegates not being at the time a member of the Imperial Privy Council, and in 
 his place appoint and substitute, for the remainder of the term of the seat occupied by him, 
 any other duly qualified person. 
 
 56. The Imperial Parliament shall meet for the transaction of business at least once 
 every year, and shall never be dissolved, but may be prorogued from time to time by Her 
 Majesty the Empress. 
 
 57. When Her Majesty the Empress deems it expedient and in the interests of the 
 British Empire, Her Majesty may prorogue the Imperial Parliament «,nd, by Message to the 
 several Houses of Representatives, call upon the said Houses of Representatives to reconsider 
 their appointments of Delegates, and the Houses of Representatives may substitute and, in 
 the place of any or all of their then Delegates, whether a member of the Imperial Privy 
 Council or not, appoint new Delegates, and shall with all due speed make a return of their 
 doings in response to Her Majesty's Message accordingly. 
 
 58. No person at any time holding a seat in a House of Assembly, or in a House of 
 Representatives, or in the House of Delegates, shall at the same time hold a seat in any 
 other of the said Hou.ses. 
 
 of). Hou.ses of Representatives in Federal Council and the House of Delegates in 
 Imperial Parliament, shall have within their jurisdiction the combined legislative power of 
 the House of Lords and House of Commons. 
 
 60. The Laws, Practices and Usages of the Realm and of Parliament as heretofore 
 in the Parliament of Great Britain and Ireland, shall apply, as near as possible correspond- 
 ingly, to the making and enactment of Laws and Procedure in Federal Councils and 
 Imperial Parliament and to Executive or Privy Councils, Cabinet Ministers, committees, and 
 all the details of Administration and Legislation. 
 
12 
 
 61. Every House »haH be the- judge of the Returns and Qualifications of its own 
 members, and may detennine the riiies of its Proceedings, punish its member» for disorderly 
 behaviour, and, with the concurrence «rf two-third», expel a member, or punish cmitempts 
 within or beyond its precincts. 
 
 62. Ever}- member of any House shall enjoy freedom of speech and from arrest, 
 similarly as enjoyed heretofore by a member of the Parliament trf Great Britain and 
 Ireland. 
 
 63. All Laws, Customs and Usages at present in force shall be and remain in as full 
 force as heretofore, and judicial notice shall be taken of them a.s heretofore, and officers 
 appointed thereunder shall continue in office until dismiased or adopted by the Authority 
 under the Imperial Constitution baring control or under whose ctmtrol they are, or until 
 the Law under which they hold office is repealed, 
 
 64. Federal Councils shall hare concurrent jurisdiction with the Imperial Parliament 
 upon subjects and matters committed and delegated to the Imperial Parliament, until the 
 Imperial Parliament by legislation or formal Act assume such or any exclusive jurisdiction 
 as it may be entitled to. 
 
 65. Local Parliaments shall have concurrent jurisdiction with their Federal Council 
 and the Imperial Parliament upon subjects and matters committed and delegated to their 
 Federal Council or to the Imperial Parliament, until their Federal Council or the Imperial 
 Parliament by legislation or formal Act, assume such or any jurisdiction excluding Local 
 Parliaments as their Federal Council ax the Imperial Parliament may be entitled to. 
 
 66. Until Her Majesty see fit to change the same, the Seat of Imperial Government 
 shall be Londcm ; the Seat of Federal Government in the Anglican Federacy, London ; in 
 the Asian Federacy, Agra ; in the African Federacy, Cape Town ; in the American 
 Federacy, Ottawa ; and in the Australasian Federacy, Victoria. 
 
 67. In addition to such Courts a.s may be or are established for the Provinces or 
 Territories, there shall be within each Fe;' racy a Federal Court of Appeal and Court of 
 Exchequer, which shall have jurisdiction therein in appeals from the Bench of any Province 
 or from the highest Court in a Territory, and also in matters and actions between Province 
 and Province or Territory, or between Federacy and Province or Territory, or subject, and 
 also in matters and actions affecting the Federal Exchequer. 
 
 68. Judges of Provincial or Territorial Supreme, County, or Divisional Courts, or of 
 the Federal Court of Appeal and Court of Exchequer, shall be appointed and paid by the 
 Federacy, and shall be entitled to hold office during good conduct, but may be removed on 
 petition of the House of Representatives. 
 
 69. In addition to the Courts aforementioned, there shall be an Imperial Court of 
 Appeal and Court of Exchequer, which shall have jurisdiction in appeals from the Federal 
 Court of Appeal and Exchequer Court, or the Bench of any Province, and also in matters 
 and actions between Federacy and Federacy, or between Empire and Federacy, or subject, 
 and also in matters affecting the Imperial Exchequer, 
 
13 . ■ 
 
 70. Judges of the Imperial Court of Appeal and Court of Exchequer shall be 
 appointed and paid by the Imperial Government, and shall be entitled to hold office during 
 good conduct, but may be removed on petition of the House of Delegates. 
 
 71. In thia present year, and in every tenth year thereafter, each of the Federacies 
 shall cause to be taken a general Census, in which the population of the several Provinces 
 and Territories shall be distinguished, showing among otlier things the number of inhabi- 
 tants classified an whites, to and including three-quarter white, as mixed whites*, containing 
 at least one-quarter white, and as the residue all, tax paying and non-tax paying, Indians, 
 Ntigroes, Malays, Mongolians, and Native Races, and also the number where stationed of 
 Boidiers of the Regular Army in active service. 
 
 72. Representatives, but not including Imperial Delegates, and direct taxes shall be 
 apportioned among the several Provinces, Territories and Federacies according to their 
 qualified number of inhabitants respectively, which " Qualified Number," so to be called, 
 shall be ascertained as follows; — 
 
 (1). For the Anglican Federacy, all the inhabitants except soldiers of the Regular 
 Army in active service. 
 
 (2). For the Asiam and African Federacy, by adding to the whole number of Whites 
 and Mongolians one-third of the number of mixed Whites and one-tenth of 
 all others, exclusive of soldiers of the Regular Army in active service. 
 
 (3). For the American and Australasian Federacy, by adding to the whole number 
 of Whites and Mongolians one-third of the number of mixed Whites and one- 
 sixth of all others, exclusive of soldiers of the Regular Army in active service, 
 and all untaxed aboriginal Indians or natives of more than three-quarter 
 blood. 
 
 7',i. The Debts and Liabilities, Assets and Public Property of the several parts of 
 the Empire shall be distributed as follows : — 
 
 (1). In the Anglican Federacy, the " National Debt" shall be assumed by the 
 Anglican Federacy. The Provinces of England and Wales, of Scotland, and 
 of Ireland, severally and apart from the Federacy, shall not be held liable. 
 Assets and Property within the Anglican Federacy heretofore in the name of 
 and belonging to the British Government are hereby vested in the Anglican 
 Federacy, save as herein excpted and limited. 
 
 (2). The Asian Federacy shall assume the liability and have the .same rights, titles 
 :ind occupation, in regard to Debts, Liabilities, Assets and Public Property, of 
 and within the Asian Federacv, as heretofore the British Government and 
 Indian Imperial Government, mediately or immediately correspondingly, was 
 subject to and had. 
 
 (3). In the African Federacy, the Provinces shall remain subject to their own Debts, 
 and retain their own Assets and Property. The Federacy shall assume the 
 Debts and Liabilities of the Territories only. The Assets and Property of 
 the Territories are hereby vested in the Federacy. 
 
14 
 
 (4). In the American Federacy, the Liabilities and Assets of the Dominion of 
 Canada shall be assumed by and be and are hereby vested in the said 
 Federacy. There shall be paid to the Province of Newfoundland, as 
 recompense for the Federal Liability jointly assumed by that Province on 
 becoming part of the Federacy, an amount of money in proportion to the Net 
 Liabilities of the Federacy, such as the qualified number of inhabitants of the 
 said Province bears to the qualified number of the inhabitants of the Federacy 
 exclusive of said Province. Commissioners will be appointed by the Empress 
 to ascertain the exact amount so payable, and the same shall be made up as if 
 payable at the date of the coming in force of this Act. The Net Liability of 
 the Federacy will be ascertained by valuing its Total Assets and deducting 
 them from the estimated Gross Liabilities. Each Province shall remain 
 subject to its own Liabilities and retain its own A8,sets. Direct Liabilities of 
 the Territorie.s shall be assumed by and the Assets are hereby vested in the 
 Federacy. 
 
 (5). In the Australasian Federacy, each Province shall remain .subject to its own 
 Liabilities and retain its own Assets. Direct Liabilities of the Territories 
 shall be assumed by and the Assets are hereby vested in the Federacy. 
 
 74. All Property connected with the British Army or Navy, including Ships, Stores, 
 Ordnance, Arms, Fortifications, Yards, Wharves, Marine Hospitals, and Real Estate, directly 
 or indirectly used or intended for the benefit, defence or protection of the Empire, and 
 including British Interests in the Suez Canal, is hereby vested in the Imperial Authorities. 
 
 75. Beacons, Buoys, Lighthouses, and the Public Property on which they are 
 situated, are hereby vested in the Federacy within which the same are. 
 
 76. The Imperial Authorities are hereby empowered to take possession at any time 
 of, or use any property necessary or desirable for Imperial purposes, upon paying therefor 
 to the owner the fair market value. 
 
 77. The Federal Authorities are hereby empowered to take pos.session at any time 
 of, or use any property necessary or desirable for Federal purposes, but not in antagonism 
 to Imperial Interests, upon paying therefor to the owner the fair market value. 
 
 78. No Import or Export Dutj' shall be levied upon Articles transferred from one 
 locality within the Empire to another locality, although within diflerent Federacies ; but 
 this section is not to be construed as forbidding the levying of reasonable Port charges for 
 the maintenance of and in connection with such Ports, or the bona Jide levying of fines for 
 infractions of Laws themselves infra vires. 
 
 79. The Imperial Parliament is hereby empowered at any time to open the Empire 
 to and declare Free Trade with the World. 
 
 80. In the Imperial Budget of Estimates for the ensuing year, the amount of money 
 needed (after deducting the estimated Imperial Revenue) to provide for the requirements of 
 the Empire, shall be divided among the Federacies in proportion to their Qualified Number 
 of inhabitants, as ascertained by the last Census, and the amount so allotted by the Imperial 
 
15 
 
 Parliament to the respective Fedoracies shall be certified to the Minister of Finance of that 
 Federacj-, and the Federacj' shall pay such amount into its own Treasury to the Order of 
 the Imperial Government, but shall not be called upon to pay any Exchange, 
 
 81. Each Federacy in making up its Budget of Estimates for the ensuing year, shall 
 separate the same into three divisions. The first division shall contain the Federal contri- 
 bution to the Imperial Excheiiuer, the second division shall contain Estimates of Expenditure 
 and Revenue in connection with the Territories in relation to such matters and subjects as 
 are, within the Provinces, of a Local and Municipal nature, and the third division shall 
 contain all other Items. Of the amount needed to meet the requirements of the first and 
 third divisions, each Province shall be called upon to pay a proportion relatively as the 
 Qualified Number of its own inhabitants is to that of the whole Federacy, as ascertained by 
 the lost Census, and shall then pay the amount so required of it into its Provincial Treasury 
 to the Order of the Federal Minister of Finance. The Federacy shall collect from the 
 Territories, as justly and proportionately as po-ssible, the remainder of the estimated Net 
 Expenditure. 
 
 82. If any Province shall continuously for one year make default in the payment of 
 any amount, or part thereof, required under the next preceding section by it so to be paid to 
 the Order of thtj Federal Minister of Finance, the Federacy may, and is hereby empowered 
 to collect from the Province, by whatever method appears to the Federacy most advisable, 
 the amount so due and unpaid. 
 
 83. Free Schools shall, as far as practicable, be so estalilished and provided by and 
 within the Provinces, and by the Federacies within the Territories, that every person within 
 the British Empire may have a fair opportunity of obtaining an ordinary common school 
 education. 
 
 84. Any person a British Citizen within any one part of the Empire is a British 
 Citizen within the whole Empire. 
 
 85. Out of the Territories, Provinces may be formed by Act of the Federal Council, 
 but the Act must first I'eceive the assent, by vote under Imperial supervision, of that portion 
 of Territory so intended to be formed into a Province, and also the assent of the Imperial 
 Parliament, before coming into force and effect. 
 
 80. The Christian Religion is herebj declared to be incorporated into the British 
 Imperial Constitution, with Full Liberty of Conscience and Free Right to Worship. 
 
 87. The British Imperial Constitution may at any time be amended by Act of the 
 Imperial Parliament, but such Act, to pass in the House of Imperial Delegates, shall receive 
 the assent of at least one hundred and fifty Delegates, or three-quarters of the full number 
 of Delegates, if the said full number bo at any time hereafter changed from two hundred 
 and three, and such Act shall in addition be ratified by four of the several Federal Councils 
 before coming into force and effect, but no Fe<lerac}^ shall ever, without its consent, be 
 deprived of its right to full representation in the Imperial House of Delegates. 
 
 88. This Act shall be known and cited as the " British Imperial Constitution," or 
 " Imperial Constitution," indifferently.