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\ .

CONFEDERATION:

BKIXJJ

A KEHIKS OF HITHHHTO UNPUnLISHKl) DOCUMENTB
BEAUING ON THE

BRITISH NORTH AMERICA ACT.

EDITED MV

JOSEPH POPE,

Editiii uf '' Mf'iiioirs of Sir Jiihn A. Mnrditnald. i*.V.H."

TORONTO :
THE CAUSWELL Co. Ltd. LAW PUBLISHERS, Ere.

1895.

425'11

I '

T'ope, r

. I

Entered Rccordinp; to Act of the Parlinment of Canada, in the year onetbousand
eight hundred and ninoty-flve, by Tbb Carbwkll Co. iLiiuited), iu the
affico of the Minister of Agriculture.

TOBONTO
PRINTEL' HV THK CAItSWKI.I. CO. LTD

22, 3U AilHlaiau St. Kaat.

PREFACE.

ONE of the chief tlisiwlvantugca against which bio-
graphers of our public men have to contend arises
from the dearth of new material at their conunand.
Forced in many instances to make bricks without straw,
they have been driven to supplement their scanty store hy
liberal draughts on the published reports of Parliament
and other official documents, already common property.
The result is that what purports to be a disclosure of tiio
heretofore unrevealed side of a statesman's career, presents
more often than otherwise the appearance of an abridged
Hansard, convenient no doubt, and even interesting in
a sense, but containing little or nothing not previously
known.

It was my fortune as Sir John Macdonald's biographer
to experience a difficulty precisely the rovei*se of this.
When, on accepting the charge devolving upon me as
literary executor of that great man, I approached the
task which he had willed I should undertake, I was a])pallt'il
at the mass of documents awaiting examination. Among
them was a large collection of papers relating to the Con-
federation negotiations of 18G4-1867. These documents
gave promise of material from which could be prepared a
history of Confederation as distinguished from accounts —
chiefly reminiscent in their character — of concomitant social
functions and after-dinner speeches Here were drafts of
the Minutes of the Quebec Conference, reports of the <lis-
cussions taken by Lt.-Colonel Bernard, the Secretary of
the Conference, motions and amendments by the score in
the handwriting of the movera, together with copious
memoranda by the Fathers of Confederation. There Were

I'llRFAOE.

a'Ho sundry drafts of the British North America Hill in
various staircs of evohition, fronj the first rou;;h trial to
the Act its»'lf. Not a line of these jiapers (other than the
results arrived at) had ever been pul)lished.

The tiixt tiling to be done was to hrinj; order out of
chaos, to separate the wheat from the chat!', and thus to
reduce the mass of valuable material to the smallest ])08-
sible comj>ass. But even when this had been accomplished
it seemed hopidess to think of incorporatini^ the contents
of a volume relatinj^ exclusively to one subject, in a book
of Memoirs dealing; with the events t)f an exceptionally
active political career extending' over half a century. In
this dilennna I had recourse to Sir John 'J'hompson. " I
would publish them all," said he, with special reference to
the drafts of the British North America Bill. " As an
appendix to the Memoirs!'" I asked. "By all means,"
replied Sir John. " They will be useful to students of our
Constitution, and add to the interest and importance of
your work."

This advice I found impracticable to follow at the
time. The injunction, however, of so distinj^uished a law-
yer and statesman as Sir John Thompson is not lij^htly to
be disregarded, and has impelled me to complete a labour
the fulfilment of which I might otherwise have indefinitely
postponed.

While the documents I publish are to a large extent
self-ex])lanatory, a very few words of mine may possibly
lead to a more ready understanding of them. As regards
the proceedings of the Quebec Conference, the key to the
whole is to be found in the report made to His Excellency
the Governor-General by the Provincial Secretary of
Canada, dated 4th May, 1(S65, wherein Mr. McDougall
makes the following ob.servation : —

" As your Excellency is aware, the proceedings of the
Conference towards the close of its deliberations were very
much hurried." — {Appendix to Pupe's Memoirs of Sir John
Macdoncdd, Vol. I., p- 356.)

IMIRKACK.

This is ubundftiitly uvidcnt from the papers theinsel\LS.
Apparently it was the infeeiitioii at the outset t«j preserve
a complete recoril ol" the [)roceeiliiij^s of the Conference,
for draft minutes of each <hiy's proceedinj^ up till the
20th October were printed. 'i'hese drafts, however, are
uiea<jre, j^ivin^ only the text of the motions tis actually
carried, omittinj^ the proposed anu-ndments, and in every
CJise the names of the movers and seconders. On the other
hand cvary scrap of writing; litis been preserved. The
various draft motions, with scarcely an exception, are in
the handvvritin<^ of the movers : and certain .skeleton forms,
indicatinj^ the order of each day's procecdinjjs, have ren-
dered the work of compiling? the minutes a possible task.
These minutes, with the exception of the three last sittinj;s,
are complete, and, with one or two ipialitications which 1
have indicated in foot notes, may be accepted as constitutinjj^
an accurate report of the Conference.

The record ot the discussions, unfortunately, is obviously
deficient, and, in places, fia<;mentary. I have contented
myself with reproducinj^ Colonel Bernard's notes, taken in
longhand, supplying here and there such small words as
are clearly nece.ssary to bring out the sen.se, and leaving
the elucidation of doubtful passages to those better ([uali-
fied than n\yself to interpret them.

The minutes of the London Conference are printed as
prepared by Colonel Bernard. They are merely in outline.
No detailed record seems to have been kept at London as
at Quebec, but from the loose notes and memoranda
of Colonel Bernard I have been able to put together
an interesting and, as far as it goes, an accurate account of
the proceedings which transformed the Quebec Resolutions
into those of the London Conference.

The various drafts of the I3ill are al)solutely to be relied
upon, the originals being in every case printed and anno-
tated, as well as distinguished by numbers and dates.

This little volume makes no pretension to be other than
a compilation pure an«l simple. That it is not more full is

■illili

PREPACK.

to be recfrettcd. At the Haine time it sliouKl be borne in
mind (I) that it coiitaiiiH ail the hitherto unpultliHhed
information avaiUible upon the subject, and (2) that it i.s
exceedingly improbable there will ever be anything more
brought to light.

For these reasons, therefore, I feel that, viewed as sup-
plementary to the thirteenth and fourteenth chapters of
my 'Memoirs of Sir John Macdonald,' it may form a not
wholly unimportant contribution to the constitutional lit-
erature of Canada.

josiani rOPE.

Ottawa, July I.st, 18f)r).

^OJ^TKNTS.

Minutes or rm^ i»

Qumiiic Rnsoun.. ,^„ ' ' ' • 1 .'Ik

■ITS rw, „..-. ^ '»"A . gf) y^

•VIlNI'TRS OP Ti.r, n •

KNCE, Di.x;KMHEtt, J8«o

r-OVDON ItBSOMmONS

Report o*. DiscssroNs IN „,Pr " '

9f •)?
98 110
111-122

T". nnmnu Nonru Amer,., ^cr

APl'RNDrOKS

Index .

218 293
313-324

LIST OP APPENDICES.

■■""P'-intiuont 1 ,'::'*'; '««*■ '""'ounein^
»■'««. '"«oU,„,. with '" **"""»« CoLfer^

»Ppoiiitinei.t "^^ "' instrument of

"• Bespnte), (■,.„,„ .v ,'."''

•^"ebec Conference. ''«''%'»<*» to the

paoes.

294-95

296

LFHT OK APPENDICHS.

PA0K9.

III. DnH])iitdi IVfrni the hi vMit«'naiii-(iovernnr ol"

N«nv BrunHwick, <ljit,('<l A|>nl. I.S(»."», to tim
(Jovornor-C Joiu'i'iil nl' ('jiiiiuIji cullin^f attoii-
tion to cortnin <liHcropmu'ios hetwron the
Quebec K(^HohitioiiH lus pasN<>(| »it the Confer-
ence and those hiiil hd'ore the Canadian
Parliament, toj^rether with explanatory' nie-
inoranduin from the Provincial Secretary (^f
Canada 297-800

IV. Circular Despatch from the (Jovernor-(i(!neral

of Canada, dat(Ml 28rd September, 1804, to
the Lieutenant-(Jovernor8 of Nova Scotia,
New Hrunswick, Prince Edward Island and
the (Jovcn'nor of Newfoundland, extondinjj
invitations to send dtile^^ates to the Quebec
Conference, tojrether with Minute Canadian
Executive Council of oven <late .*i01-2

V. Despatch from the J)uke of Newcastle to the
Earl of Mul/jfrave, Lieutenant-Covernor of
Nova Scotia, dated 6th July, 1<S62, on the
subject of the Confederation of the iJ, N. A.
Provinces 303-4

V^I. Correspondence between the Hon. John A. Mac-
donald. Chairman of the London Conference
and the Eai'l of Carnarvon, Secretary of State
for the Colonies, together with memorial
from the Provincial Association of Protes-
tant Teachers of Lower Canada to the
Queen on the subject of Education 305-311

ERRATA.

Page 14, third line from bottom, for " noon " read " midnight."
l*a<<e 0(j, tenth line from bottom, for " pp. 19, 41 " read " page 19."
Page 70, Bixth line from bottom, for " underatand " read " under-
stood.'"

Page 79, tenth line from top, for " pp. 22, 24, 43" read, " pp. 22, 23."

M I NUTES

IK THE

PROCEEDINGS IN CONFERENCE

DKLKGATES FROM THK I>ROVI.\CKS

BRITISH NORTH AMEBIC \.

CiCTODFlJ, 18(5J.

COXFEREXCE CHAMBER,

P.AULIAMEN'T HoCSE,

Queher, lUlh (Jctubcr, ISO.',.
The followin<,r noutlemen asseinblt'd at the Conference Cham-
ber in the Parliament House, Quebec, on JMon.lav, the tenth day
of October, 1SG4, at the liour of eleven o'clock iii the forenoon :—

The Honourable Sir E. P. Tache. M.L.C., Receiver-(JeneraI
and Mnuster of Militia of Canada.

The Honourable Joiix Alexaxdeii Macdoxald MPP
Attorney-General of Upper Canada. ' ^ • • ■>

The Honourable George Etiexxe Caktieu, M.F\P., Attorney-
General of Lower Canada. '

. The Honourable George Br<»wx, M.P.P., President of the
Executive Council of Canada.

The Honourable Oliver Mowat, M.P.P., Postmaster-General
or Canada.

The Honourable Alexander T. Galt, M.P.P., Minister of
Finance ot Canada.

POPE CON. — 1

PROCEEDlXfiS IX COXFEHEXCE

The Honourable William McDougall, M.P.P., Provincial
Secretary of Canada.

The Honourable T. D'Arcy McGee, M.P.P., Minister of Agri-
culture of Canada.

The Honourable Alexaxder Campuell, JI.L.C, Commissioner
of Crown Lands.

The Honourable J. C. Chapais, M.P.P., Commissioner of
Public Works.

The Honourable H. L. Laxgevix, M.P.P., Solicitor-General of
Lower Canada.

The Honourable James Cockburx, M.P.P., Solicitor-General
of Upper Canada.

Sir Etienne Tache stated that the several gentlemen repre-
senting the Province of Canada were ^Members of the Executive
Council of Canada.

Sir Etienne Tache laid before the Conference a despatch
dated 3rd October, 1864 * from His Excellency Sir Richard Graves
MacDonnell, K.C.B., Lieutenant-Governor of Nova Scotia, to His
Excellency The Governor-General of Canada, stating that he had
appointed the following gentlemen to form a deputation to meet
the delegates in Conference in Quebec, viz.: —

The Honourable Charles Tupper, M.P.P., Provincial Secre-
tary of Nova Scotia.

The Honourable William A. Hexrv,M.P.P., Attorney-General
of Nova Scotia.

The Honourable R. B. Dickey, M.L.C.

The Honourable Joxathax McCully, M.L.C, and

Adams G. Archibald, Esquire, M.P.P.

The Honourable Charles Tupper then laid before the Confer-
ence an instrument* under the hand and seal at arms of His Ex-
cellency Sir R. G. MacDonnell, Lieutenant-Governor of Nova
Scotia, appointing Charles Tupper, William A. Henry, Jonathan
McCully, Robert B. Dickey and Adams G. Archibald, to be .such
delegates.

*See ApiiciiilLx I.

ni-

OF DELEf.'ATES FHOM THE PROVINCES. A

Tlie Honourable Samuel L. Tilley, Provincial Secretary of
New Brunswick, stated that in consequence of the late date at
which the despatch of His Excellency the Governor-CJeneral
of Canada to His* Excellency the Honourable Arthur H. CJordon,
Lieutenant-Governor of New Brunswick, requesting the appoint-
ment of Members of the Conference, had been received, it had
been found impossible to forward a formal instrument of delega-
tion or despatch to that effect, but that he was empowered to
present the following as delegates from the Province of New
Brunswick to the Conference, viz. : —

The Honourable Samuel L. Tilley, M.P.P., Provincial Secre-
tarv of New Brun;swick.

The Honourable William H. Steeves, M.L.C. and a Member
of tlie Executive Council.

The Honourable J. M. Joiixsox, M.P.P., Attorney-General of
New Brunswick.

The Honourable P. Mitchell, M.L.C. and a Member of the
Executive Council.

The Honourable E. B. Chandler, M.L.C.

Lieut.-Colonel the Honourable John Hamilton Gray, M.P.P.

The Honourable Charles Fisher, J[.P.P.

Sir Etienne Tache also laid before the Conference a despatch,
dated Gth October, 1S64,* from His Excellency George Dundas,
Es(|uire, Lieutenant-Governor of Prince Edward Island, to His
Excellency the Governor-General of Canada, stating that he had
named the following gentlemen to proceed to Quebec, to be present
at the Conference on the 10th October instant, viz.: —

Colonel the Honourable John Hamilton Gray, M.P.P., Presi-
dent of the Executive Council of Prince Edward Island.

The Honourable Edward Palmer, ]\I.L.C., Attorney-General
of Prince Edward Island.

The Honourable William H. Pope, M.P.P., Colonial Secretary
of Prince Ec ward Island.

*See Api)enclix 11.

4 IMKJCEEDIXGS IN C0NFE15ENCE

The Honourable A. A. Macdoxald, M.L.C.
The Honourable George Coles, M.P.P.
The Honourable T. Heath Haviland, M.P.P.
The Honourable Edward Whelax, M.P.P.

The Conference then stood composed of the following gentle-
men ; —

CANADA— The Honourable Sir E. P. Tach^, The Honour-
able JoHX A. Macdoxald, Tiie Honourable G. E. Cartier, The
Honourable Georgi'. Browx, The Honourable Oliver Mowat, The
Honourable Alexander T. Galt, The Honourable W. McDougall,
The Honourable T. D'Arcy McGee, The Honourable Alex. Camp-
bell, The Honourable J. C. Chapais, The Honourable H. L.
Laxgevix, and the Honourable J. Cockburx.

NOVA SCOTIA —The Honourable Charles Tupper, The
Honourable Willl4.m A. Hexry, The Honourable Joxathax Mc-
CuLLY, The Honourable Robert B. Dickey, and Adams G.
Archibald, Esquire.

NEW BRUNSWICK— The Honourable Samuel L. Tilley,
The Honourable W. H. Steeves, The Honourable J. M. JoHXSOX,
Tlie Honourable P. Mitchell, The Honourable E. B. Chaxdler,
Lieut.-Col. The Honourable JoHX H. Gray, The Honourable
Charles Fisher.

NEWFOUNDLAND.— The Honourable F. B. T. Carter,
The Honourable Ambrose Shea.

PRINCE EDWARD ISLAND —Col. The Honourable J. H.
Gray, The Honourable E. Palmer, The Honourable W. H. Pope,
The Honourable A. A. Macdoxald, The Honourable G. Coles, The
Honourable T. H. Havilaxd, The Honourable E. Whelax.

And the Conference stood accordingly convened.

It was moved by Colonel the Honourable John Hamilton Gray
(of Prince Edward Island), seconded by the Honourable Mr. Tilley,
that the Honourable Sir E. P. Tache be Chairman of the Confer-
ence.

And the question of concurrence being put thereon, the same
was resolved in the affirmative.

ig gentle-

Honour-
riEU, Tlie
)\VAT, The

DOUGALL,

EX. Camp-
ble H. L.

PPER, The

THAN MC-

Ldams G.

L TiLLEY,

Johnson,

HANDLER,

onourable

Carter,

able J. H.

H. Pope,

OLEs, The

^N.

ton Gray
Ir. TiUey,
Confer-

the same

OF DELEGATES FROM THE PROVINCES. 5

It was moved by the Honourable Mr. Campbell, seconded by
the Honourable Mr. McGee : —

That the Provincial Secretaries of e.ich of the Provinces represented at the Confer-
«ncp, and the Honourable Mr. Shea, of Newfoundland, be the Joint Secretaries of the
Conference.

And the question of concurrence being put thereon, the same
was resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdouald,
seconded by the Honourable Mr. Tupper : —

That the sittings of the Conference be held on each day (Sundays e-vcejited) from
eleven o'clock in the foreno<<n to four o'clock in the afternoon.

And the ([uestion of concurrence being put thereon, tlie same
was resolved in the affirmative.

It was moved by the Honourable Mr. Palmer, seconded by
the Honourable Mr. Dickey : —

That in taking the votes on all questions to be decided by this Conference, except
questions of order, each Province or Colony, by whatever number of delegates rej)resented,
shall have one vote, and that in voting Canada be considered as two Provinces.

And after debate the further consideration of the same was
postponed until to-morrow.

It was moved by the Honourable Mr. John A. Macdonald,
seconded by the Honourable Mr. Tilley : —

That tlie best interests and present and future prosperity of British North America
will be promoted by a Federal Union under the Crown of Great Britain, provided such
union can be effected on principles just to the several Provinces.

And during debate, —

The hour of four o'clock ensuing, the Chairman declared the
Conference continued until to-morrow.

TUESDAY, llTH OCTOBER, 1864.

The Chairman took the chair at eleven o'clock a.m., when the
members were convened.*

The Honourable Mr. McDouo-all stated that tlie Joint Secre-
taries of the Conference having met, had arrived at the conclusion
that, to enable them to give their undisturbed attention to the

''All save Mr. Carter, absent through indisposition, and Mr. Whelan.

t-i

XZJ

' I

PUOCEEDINGS IN CONFERENCE

matters of the Conference, they thought it advisable that an Execu-
tive Secretary should he appointed, and that they accordingly re-
commended that Mr. Hewitt Bernard, Chief Clerk of the Crown
Law Department of Upper Canada, sliould be appointed as such
Executive Secretary.

And the (juestion of concurrence being then put, the same was
resolved in the affirmative.

The Conference resumed the consideration of the motion : —

That in taking the votes* on all questions to be decided by thi8 Conferenw, excei>t
questions of order, each Provinceor Colony, by whatever number of delegates represented^
shall have one vote, and that in voting Canada be considered as two Provinces.

And after debate, —

The (juestion of eoncuri'ence being put thereon, the same was
unanimously resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald,
seconded by the Honourable Mr. Tilley, that the order of the pro-
ceedings in Conference shall be as follows : —

(1) Free individual discussion and suggestion to be allowed.

(2) That all motions and the discussions and votes thereon be in the first jilace as
if in Committee of the Whole.

(3) That after vote put no discussion be allowed.

(4) That each Province may retire for consultation aftei v'ote put.

(5) That after the scheme is settled in Committee of the Whole, all the resolutions
lie reconsidered, as if with Speaker in the chair.

(C) That just before the breaking up of the Conference, the Minutes be carefully
gone over and settled, with the view of determining what is to be submitted to the Im-
l^erial and Provincial Governments, and what to be published for general information.

And the question of concurrence being put thereon, the same
was resolved in the affirmative.

The Conference x'esumed the further consideration of the
motion : —

That the best interests and present and future prosperity of British North America
will be promoted by a Federal Union under the Crown of Great Britain, provided such
union can be effected on principles just to the several Provinces.

And after debate, —

The question of concurrence being put thereon, the same was
unanimously resolved in the affirmative.

he same was

motion : —

OF DELEGATES FROM THE PUOVIN'CES. 7

It was moved by the Honourable Mr. Brown, seconded by
Mr. Arcliibald : —

That in tlie Federation of tlie liritinli North American Provinces the Hj'steui of
government best adapted under existing circumstances to protect the diversified interests
of the several Provinces and secure etticiency, harmony and i)erinanency in the working
of the Union, would be a (ieneral Government, charged with matters of common interest
to the whole country ; and Lc.cal Governments for each of the Camwlas and for the
Maritime Provinces, charged with the control of local matters in their resi)ective
sections, ))rovisiun being male for the admission into the Union on etfuitable terms of
the Nortii West Territory, British Columbia and Vancouver.

And durinrj debate. —

The hour of four o'clock ensuino-, the Chairman declared tlie
Conference continued until to-morrow.

he same was

the first place as

all the resolutions

3on, the .same

ation of the

the same was

WEDNESDAY, 12rH OCTOBER, 18G4.

The Chairman took the chair at eleven o'clock a. m., when the
members were convened.*

The Honourable Mr. Carter and the Honourable Mr. Whelan
severally rose and stated that they had been unable to attend at
the sitting yesterday, but that they cordially supported the
resolutions passed on that day, and desired to be considered as
having severally voted therefor.

The Chairman laid before the Conference the following letter
from ^[r. S. P. Day and others, requesting information of the
pi'oceedings of the Conference for publication through the press : —

To The Honourable Sir Etienne P. Tach^,

&c., (Src, &c..

Chairman of the Intercolonial Conference.

Sir, — The undersigned, repi'esentatives of English and
Canadian newspapers, find that it would be impossible for them
satisfactorily to discharge their duties if an injunction of secrecy
be imposed on the Conference and stringently carried into effect.
They therefore beg leave to suggest whether, while the remarks of
individual members of your body are kept secret, the propositions
made and the treatment they meet with, might not advantageously

* All save Colonel Gray, ot Prince Edward Island, absent through indisposition.

PROCEEDINGS IN CONFERENCE

be made public, and wliet'.ier such a course would not best accord
with tiie real interests committed to the Conference. Such a kind
of compromise between absolute secrecy and unlimited publicity is
usually, we believe, observed in cases where an European Congress
holds the peace of the world and the fate of nations in its hands.

And we have thoufrht that the British American Conference
might perhaps consider this precedent not inapplicable to the
present case. Such a course would have the further advantage of
preventing ill-founded and mischievous rumours regarding the
proceedings from obtaining currency.

We havfc Jie honour to be, Sir,

Your very obt. humble servants,

S. PHILLIPS DAY,
CHARLES LINDSEY,
B. CHAMBERLIN.

It was resolved, —

Th.-vt the same be referred to the Secretaries of the Conference to prepare an answer
declining the propoaition made.

The Conference then resumed the consideration of the
motion : —

That in the Federation of the British North American Provinces, the system of
government best adapted, luider existing circumstances, to protect the diversified
interests of tlie several Provinces and secure efficiency, harmony and permanency in the
working of the Union, would be a General Government, cliarged witli matters of connnon
interest to the whole country ; and Local Governments for each of the Canadas and for
the Maritime Provinces, charged with the control of local matters in their respective
sections, provision being made for the admission into the Union on equitable terms of
the North-West Territory, British Columbia and Vancouver.

And after debate, —

The question of concurrence being put thereon, the same was
unanimously'' resolved in the affirmative.

The Honourable Mr. Shea rose and suggested that it would
tend to the despatch of business before the Conference if the
several resolutions intended to be moved were prepared in advance
bj^ a committee composed of the delegates of Canada, and

It was unanimously resolved : —

That the Conference should adjourn for such purp(>se.

OF DELEGATES FROM THE PUOVIN'CES.

The Chairman, therefore, deehired the Conference continued
until to-morrow mornini;.

ive an answer

same was

THURSDAY, 13tii OCTOBER, 1804.

The Chairman took the cliair at eleven o'clock a.m., when the
members were convened.

It was moved by the Honourable Mr. Brown, .seconded by
the Honourable Mr. Henry ; —

Tliat the proposed Union shall at present embrace the following Provinces :

Upper Canada,

Lower Canada,

Nova Scotia, ' '

New Brunswick,

Newfoundland, and

Prince Edward Island.

And after debate, —

The question of concurrence being put thereon, the same was
unanimously resolved in the affirmative.

It was m( ed by the Honourable Mr. Fisher, seconded by the
Honourable Mi. Dickey : —

Tliat the constitution of the General and Local Gov ernnients shall be framed upon
the Hritish model so far as is consistent with our colonial condition, and with a view to
the periwtuation of our connection with the Mother Country.

It was then moved in amendment by the Honourable Mr.
Tupper, seconded by the Honourable Mr. Mitchell : —

That while it is the avowed desire of this Conference to perpetuate the connection
with the parent state by every means in our power, it is not judicious to fetter our
actions by tlie passage of a resolution of a simple declaratory character, and which may
embarrass our action in the selection of the Ijest means of providing for the general and
local p^overnment of the country.

It was then moved in amendment to the said proposed
amendment by the Honourable Mr. Til ley, seconded by
Mr. Archibald : —

That in framing a Constitution for the General Government, the Conference, with
a view to the perpetuation of our connection with the Mother Country, and to the i)ro-
motion of the best inteiests of the people of these Provinces, desire to follow the model
of the British Constitution, so far as our circumstances will permit.

10 PROCEEDINGS IN CONFEUENCE

And after debate, —

The question of concurrence was put thereon, and the Confer-
ence divided ; and tlie names of the Provinces were taken down as
follows : —

CONTENTS.

Canada 2

New Brunswick 1

Newfoundland 1

NON-CONTENTS,

Nova Scotia 1

Prince Edward Island 1

The amendment to the amendment accordingly passed in the
affirmative.

It was then moved by the Honourable Mr. John A. Mac-
donald, seconded by Colonel the Honourable John Hamilton Gray,
(of Prince Edward Island) : —

That there shall be a General Legislature for the Federated Provinces composed of
a Legislative Council and Legislative Assembly.

And after debate, —

The question of concurrence being put thereon, the sauie was
unanimously resolved in the affirmative.

The following reply to the letter of Mr. S. P. Day and others
was read and ordered to be sent : —

Conference Chamber, Parliament House,

October 13, 1864

Gentlemen, — I am desired to inform you that Sir Etienne P.
Tache, Chairman of the Conference of Delegates from the several
British North American Provinces, has laid before the Conference
your letter of the 11th instant, in which you suggest whether,
whilst the remarks of individual members of the Conference are

OF DELEGATES Vmm THE PROVINCES. . 11

kept secret, the propositions imvlo and the treatment they meet
with may not be advanta<^eously made public, and whether siich a
course would not best accord with the x*eal interests committed to
the Conference.

I am to say that, whilst the members of the Confei'ence fully
appreciate the motives by which you ai'e actuated in your com-
numication, and are equally sensible of the deep interest naturally
felt by the people of the several British North American Provinces
in the objects of the Conference, they cannot but feel that it is
inexpedient, at the present staj^e of the proceedings, to furnish
information which must, of necessity, be incomplete ; and that no
conununication of their proceedings can properly be made until
they are enabled definitely to report the issue of their deliberations
to the Govei'uments of the respective Provinces.

I have the honour to be, gentlemen,

Your very obedient servant,
For the Secretaries of the Conference,

H. BERNARD,

Exec id ive Secretary.

It was moved by the Honourable Mr. John A. Macdonald,
seconded by the Honourable Mr. Mowat: —

That for the purpose of forming the Lefiri-slative Council, the Federated Provinces
shiill be considered as consistinpr of three divisions. 1st, UpiMT Canachi ; 2nd, Lower
Canada ; and 3rd, the four Maritime Provinces, and each division shall be represented
in tlie Legislative Council by an equal number of members.

It was moved in amendment by the Honourable Mr. Tilley,
seconded by the Honourable Mr. Dickey : —

Tliat the Legislative Council in the Federal Legislature be composed as follows :

Up|jer Canada 24

Lower Canada 21

Nova Scotia, New Brunswick, Newfoundland, and Prince Ed-
ward Island ;i2

And during debate, —

The hour of four o'clock ensuing, the Chairman declared the
Conference continued until to-morrow.

;(

!ti

l'UOC'EEl)IN'(iS IX COXFEHENCE

FRIDAY, 14th OCTOBER. 1804.

The Chairman took the chair at eleven o'clock a.m., when the
members were convened*.

The Conference resumed consideration of Mr. Tilley's amend-
ment to the motion of Mr. John A. ]\Iacdonald respectinj.^ the com-
po.sition of the Le<:^islative Council.

And after debate thereon arising, the amendment was by per-
mission of the Conference withdrawn.

It was moved in amendment by the Honourable Mr. Tupper : —

That for the purpoHe of forming the Lepfishitive Council the Federated ProvinceH
shall be considered as consisting of three divi.sionn : 1st, Upper Canada ; 2nd, Lower
Canada; ,'{rd, Nova Scotia, New lirunswick and Prince Kdward Island, with equal re-
presentation in the Legislative Council, and the Lsland of Newfoundland, to whicii ad-
ditional representatives shall be allotted.

And during debate, —

The hour of four o'clock arrivini;, the Chairman declared the
Conference continued until to-morrow.

'11

SATURDAY, 15th OCTOBER, 1864.

The Chairman took the chair at eleven o'clock a.m., when the
members were convened.

It was moved by the Honourable Mr. John A. Macdonald : — "

That on and after Monday next the Conference connnence its sittings at ten o'clock
a.m., and sit until two o'clock p.m., and that it re-asseuible at 7.30 p.m., and sit until
adjourned on motion.

And the (question of concurrence being put thereon, the same
was resolved in the affirmative.

The Conference then resumed consideration of the amend-
ment of the Honourable Mr. Tupper to the motion of the Honour-
able Mr. John A. Macdonald respecting the composition of the
Legislative Council.

* All save Colonel Gray, of Prince Edward Island, absent through indisposition.

OK DELEfJATES FIloM THE PIIOVIN'CES.

And after debate, —

It was moved in amendment to the said propoHed amendment
by tlie Honourable Mr. Fisher: — *

That for t\w purpoHO of n'jjre.sentation in the Legislative Council, the ConfcdiTa-
tion Hliall l)o flividfd into tlnw divisions :-l'p|K'r Canaila, Lowt-r Canada, and the
Maritime rrovincos, incliidintir Newfomidland, and that this ap|Kirtionment anion^Ht
tiuin Hhall be as follows :—U|)i>fr Canada, liO ; Lower Canada, 30 ; Xuva Scotia, 10;
New Bnuiswick, 10 ; Newfoundland, 5 ; Prince Edward Inland, S.

And during debate, —

And at the liour of half-past two p.m., a motion for adjourn-
ment being carried, the Chairman declared the Conference con-
tinued until ]\Ionday, the 17th instant.

MONDAY, 17th OCTOBER, 1864.

The Chairman took the chair at ten o'clock a.m., when the
members were couvened.f

The resolution passed on the 12th instant was amended to
read as follows : —

That in the Federation of the British American Provinces the system of govern-
ment Ix'st adapted under existing circumstances to protect the diversified interests of the
several Provinces and secure efficiency, harmony and pennanency in the working of the
Union, would be a General (jovernnient, chartred with matters of common interest to the
wliole country ; and Local Governments for each of the Canadas and for the Provinces of
Nova .Scotia, New Brunswick and Prince Edward Island, charged with the control of
l(x;.al matters in their resjiective sections, provision bt>ing made for the admission into the
Union on equitable terms of Newfoundland, the North-West Territory, British Columbia
and Vancouver.

The Conference resumed consideration of the amendment of
the Honourable Mr. Fisher respecting the constitution of the
Legislative Council.

And after debate thereon arising, the amendment was, by
permission of the Conference, withdrawn.

The Conference resumed consideration of the amendment of
the Honourable Mr. Tupper to the motion of the Honourable Mr.

* After this date the names of the seconders are not given,
t All save Messrs. McGee, Palmer and Henry.

PUOCEEDIXfiS IN' CON'FKHEXrE

John A. A[ac<lonaUl rcspoctiiii^ the composition of the Le^ishitivo
Council.

And after dehiite, —

And the .same heini;- amended, the (jue.stion of concurrence
wa.s put thereon, and it was resolved; —

That fi)r tln" |)iiri>o.sc of f(jr)ninj( the Li'^'i«l:vtive Council tlie Ftidcratotl I'rovincM
shall l)(i coiittidiTt'il as coiiMinting of tliri'i' tlivisiuii'* :— 1st, UpptT Omiada ; "ikI, Lower
Canada ; IJrd, Nova .Scotia, New lirnnswicl: and I'riiicc Edward Island, with fcjual
ruprcHentation in tlif Legislative Council.

It was moved b}' the Honouraljle Mr. John A. Macdonald .• —

That Upper Canada \m represented in the Legislative Council by 24 nieniben*.
Lower Canada liy '-'4 nifmhers, and tim tliree Maritime I'rovmc-t liy '1\ nieniliers, of
which Nova Scotia »hall liave lo, New IJrunswick 10, and I'rince Edward Inland 4
members.

And the ((uestion of concurrence bein<^ put thereon, the same
was unanimously resolved in the afKrmative.

It was moved by the Honourable Mr. John A. Macdonald : —

Tliat the Colony of Newfoundland, having nent a deputation to this Conference, be
now invited to enter into the proijosed Confederation, with a representation in tlie
Legislative Council of four members.

And the question of concurrence \mnff put thereon, the wame
was unanimoasly resolved in the affirmative.

And the foreffoincf resolution having been communicated to
the Newfoundland delef^ates, the invitation was accepted, the right
being reserved by them to jn-ess their claims for an increased
representation in the Legislative Council.

And the hour of two o'clock p.m. ensuing, the Chairman
declared the Confei-ence continued until half-past seven o'clock in
the evening.

And at half-past seven o'clock p.m. the Chairman took the
chair, when the members were convened.*

It was moved by the Honourable Mr. John A. Macdonald : —

That the members of the Legislative Council shall be appointed by the Crt>wn
under the Great Seal of the General Government and sh.all hold office during life.

And during debate, —

And at the hour of twelve o'clock noon, a motion for adjourn-
ment being carried, the Chairman declared the Conference continued
until to-morrow.

*A11 save Messrs. Campbell, McGee, Pope and Henry.

or DELKfiATES FllOM THE PIIOVIXCES.

TUESDAY, ISTii OCTOin:H, IscA.

Tlic Chainnim took tl\<.' chair jit ten o'clock u.in., when the
inL'inln.'r.s were convuiicfl.

The Conforeneo resumed coiisidemtlon of the motion hefore
thi'm respectiii^" the mode ot' appointment of membcr.s of the
Le^ishitive Council.

And lifter debate, —

The ([uestion of concurrence beinj,^ put thereon, the saino was
unanimously resolved in the affirmative.

It wns projiosed I - llie Honourable Mr. John A. Macdonald: —

That tliK ineinlK'M of tlio LegiHlativu Council Hlmll \w IkitMh Miil>je(;tK, hy hirtli or
imtiii'ali/.ation, of tlu- full age of thirty ywvrs, shall iio.ssf'ss a real propHfty (lualiticatioii
:>f four thousand (ioUaw over and ahovo all incunibranceH, and be worth that amount
over and above their debts and liabilities.

And after debate, —

The ((uestion of concurrence bein<;* put thereon, the same was
unanimously resolved in the affirmative.

And the hour of two o'clock p.m. ensuini;', the Chairman
dt.'clared the Conference continued until half-past seven o'clock in
the evenino-.

And at half-past seven o'clock in the evenini:^ the Chairman
took the chair, when the members were convened.

It was moved by the Honourable Mr. Tupper : —

That the members of the Legislative Council for the General (Jovernment shall in
tlie tirit instance be selected from tiie Legislative Councils of the various Provinces,
with the exception of Prince Edward Island, so far as a sufficient number be found
(lualified and willintf to serve.

It was moved in amendment by the Honourable Mr. McCuUy: —

That it shall be coniiwtent for each Province to provide in this Conference its own
method for selecting the members of the Legislative Council at its first formation.

And after debate, —

The said amendment was by leave of the Conference with-
drawn.

r,\

16 PROCEEDINGS IN CONFERENCE

It was moved in amendment by the Honourable Mr. Coles : —

That the first nomination for the upper branch of the united Legi.slature shall be
open to all duly qualified persons in eucii Province or Colony.

And at the hour of half-past eleven o'clock p.m., a motion for
adjournment being carried, the Chairman declared the Confei^ence
continued until to-morrow.

WEDNESDAY, 19th OCTOBER, 1864.

The Chairman took the chair at ten o'clock a.m., when the
members were convened.

The Conference resinned consideration of the motion of the
Honourable Mr. Tupper respecting the selection of members of
the Legislative Council, and of the motion of the Honourable Mr.
Coles in amendment thereto.

And after debate, —

And the (juestion of concurrence being put on the amendment
of the Honourable Mr. Coles, the Conference divided, and the
names of the Provinces were taken down as follows : —

Will

CONTENTS.

Prince Edward Island ; 1

NON-CONTENTS.

Canada 2

Nova Scotia 1

New Brunswick 1

Newfoundland 1

So it passed in the negative.

And the ([uestion of concurrence being put on the motion of
the Honourable Mr. Tupper, the Conference divided, and the
names of the Provinces were taken down as follows : —

OF DELEGATES FROM THE PROVINCES.

Coles :—

ire Hliall be

lotion for
onference

when the

ion of the
lembers of
urable Mr.

mienJment
1, and the

9
1
1
1

motion of
3(1, and the

CONTENTS.

Canada ; 2

Nova Scotia ]

New Brunswick 1

Newfoundland 1

NON-CONTENTS.
Prince Edward Islr.nd 1

So it pas.sed in the affirmative.

It was moved by the Honourable Mr. Gait : —

That in the first instance, the niember.s to be chosen for the Legislative Council of
the United Provinces, excepting Prince Edward Island, shall be chosen by lot from the
existing members of the Legislative Councils of the several Maritime Provinces, and of
those sitting in Canada from Upper and Lower Canada respectively.

And after debate, —

And the question of concurrence beinfj put thereon, the Con-
ference divided, and the names of the Provinces were taken down
as follows : —

CONTENTS.

Canada 2

NON-CONTENTS.

Nova Scotia 1

New Brunswick 1

Newfoundland 1

Prince Edward Island did not vote.

So the motion passed in the neijative.

It was moved by the Honourable Mr. Shea : —

That such first selection shall be made by the Local (Jovernment of each Province,
so far as a sufficient number be found as aforesaid ; and in case such sufficient number
cannot be found, then the Local Government shall name for ajipointment other duly
qualified parties to make up the deficiency; pnnidej that the (Jovernment of Canada

POPE CON. — 2

i I •

PROCEEDINGS IN CONrEKENCE

• 1 I

I'l' i

Hliall st'li'Ct fi)r both sections of Cauiida, iiiid that tlie Govenmifnt of Prince Edward Is-
land sliall name fur appointment tiie whole number of the Legislative Councillors allotted
to it.

And after debate, —

The motion of the Honourable IMr. Shea was by leave of the
Conference \Yithdra\vn.

It was moved b}' Mr. Archibald : —

That in the selection of members of the first Federal Legislative Council, each
Province shall be governed by such rules now to be agreed upon as are considered by the
Conference most suitable to the circumstances of the particular Provinces.

It was moved in amendment b}^ the Honour?.ble Mr. Mc-
Cully :—

That the Legislative Council shall, in the first instance, be cho.sen in Canada by
ballot, and in the other Provinces by the Executive Governments.

And after debate, —

iwe said motion of Mr. Archibald and the proposed amend-
ment of the Honourable Mr. McCully were by leave of the
Conference withdrawn.

It was moved l^y tlie Honourable Mr. MeCully : —

That the members of the first Legislative Council in the Federal Legislp.ture shall
be appointed by the Crown at the recommendation of the Federal Executive Govern-
ment, upon the nomination of the res[)ective Local Govermnents, and that in such
nomination due regard be had to the claims of the members of the Legislative Council
of the Opposition in each Province, so that all political parties be as nearly as possible
fairly represented.

And after debate, —

And the question o*' concurrence being put on the motion of
the Honourable Mr. McCull}', the same was unanimously resolved
in the affirmative.

The Honourable Peter Mitchell, a delegate from New
Brunswick, rose and stated his regret that private business im-
peratively required him to leave the Conference and to return to
Nev.' Brunswick, and he re(iuested leave of absence accordingly.

It was unanimously resolved, — "

That leave of ab.-ence be granted to the Honourable Mr. Mitchell for the residue of
the sittings of the Conference.

Kdward Is-
ors allotted

^•e of the

Council, each
idered by the

s Mr. Mc-

in Canada by

sed amentl-
u-e of the

islature shall

cutive (icvern-

that in svich

dative Council

;ulv as possible

luotion of
:;ly resolved

from New
msiness im-
to return to
irdingly.

Ir the residue of

OF DELEGATES FROM THE PROVINCES. 19

And the hour of two o'clock ensuing, the Chairman declared
the Conference continued until half-past seven o'clock in the
evening. «

And at half-past seven o'clock the Chairman took tiie chair,
when the members were convened.

It was moved by the Honourable Mr. Brown : —

That the basis of representation in the House of Comnmns sliall l>e li'i.'.ilatiini, as
determined by the official census every ten years; and that the number of iiienjliers at
iirst shall be iiOO— distributed as follows :—

Upiier Canada 89

Lower Canada (\Z

Nova Scotia I'.l

New lirunswick l.'j

Newfoundland 7

Prince pAlwaid Island .">

That «ach section shall distribute its representatives in .such electoral divisions as
it deems best ;

That luitil the official census of 18S1 has Ix-en made up, there sliall be no chanj^e in
the numbers of the representatives from the several sections ;

That immediately after tlie comi)letion of the census of Issl, and immediately after
«very <lecennial census thereafter, the representatiim in each section sliall be re-adjusted
on the basis of population ;

That for the purpose of such re-adjustments, L(jwer Canada shall always be
assigned si.\ty-five members, and each of tlie other sections .shall at eacli such re-adjust-
ment receive, for the ten years then next suoceL.Iing, the mnuber of member- to whicli it
will be entitled on the same ratio of representation to pojjulation as Lower Canada will
enjoy according to the census then just taken by having si.\ty-ft ve members.

That no reduction shall be made in the number of members returned by any .section,
unless its [wpulation shall have decreased relatively to tlie whole population of the whole
federation to the extent of five^jcr centum oro'^-r ;

Tluit in computing at each decennial ])eriod the numVier of members to whicii each
section is entitled, no fractional parts siiall be considered, unless when exceeding one-half
the number entitling to a member, in which case a member shall be given for each such
fractional part ;

That the number of members may at any time be increased by the Federal
I'arhament — regard being had to the proportionate rights then existing.

And after debate, —

And the que.stion of concurrence Ijeing put on the motion of

iii

■, ;
■. t

i ; ■

'■' ■!

■!

i s

20 PROCEEDINGS IN CONFERENCE

the Honourable Mr. Brown, tlie Conference divided, and the names
of the Provinces were taken down as follows : —

CONTENTS.

Canada 2

Nova Scotia 1

New Brunswick 1

Newfoundland 1

NON-CONTENTS.
Prince Edwai'd Island 1

So it passed in the affirmative.

And the hour of ten o'clock p.m. ensuing, and a motion for
adjournment being carried, the Chairman declared the Conference
continued until to-morrow.

THURSDAY, 20rH OCTOBER, 1864.

The Chairman took the chair at ten o'clock a.m., when the
members were convened.

It was moved by the Honourable Mr. John A. Macdonald : —

That the Legislature of each Province shall divide such Province into the proper
number of constituencies and define the boundaries of each of them.

And the question of concurrence being put thereon, the same
was unanimously resolved in the affirmatHe.

It was moved by the Honourable Mr. John A. Macdonald : —

That there shall be a session of the Legislative Council and Assembly once at least
in every year, so that a period of twelve calendar months shall not intervene between
the last sitting of (he Legislative Council and Assembly in one session and the first
sitting of the Legislative Council and Assembly in the next session. And every Legis-
lative Assembly shall continue for five years from the day of the return of the writs
choosing the same, and no longer; subject nevertheless to be sooner prorogued or dissolved
by the Governor.

And after debate, —

And the question of concurrence being put on the above
motion, the same was unanimously resolved in the affirmative.

OF DELEGATES FROM THE PROVINCES.

.m., when the

ion, the same

[acdonald : —

It was moved by the Honourable Mr. John A. Macdunalil : —

That until provision shall utherwi.se Ix' made by the Legislature of the Federated
Provinues, all tlie lav,s which, at the date of the proclamation constituting .such Con-
federation, are in force in the Province.s respectively relating to the qualification and
disf(ualiHcation of any person to he elected or to sit or vote a.^ a member of the A.ssenibly
in the said Provinces re.spectivelj', and relating to the qualification or disqualification of
voters, and to the oaths to be taken by voters, and to returning officers and the jiowers
and duties thereof, and the proceedings at elections, and the i)eriod during whicli such
"lections may be continued, and relating to the trial of controverted elections, and the
pioceedings incident thereto, and to the vacating of seats of members, and tlie issuing
and e.xecution of new writs in case of any .seat being vacated otherwise than by a dissolu-
tion, shall respectively be applied to elections of members to serve in the Legislative
Assembly of the Federated Province.s, for places situate in those Provinces respectively for
which such laws were passed.

And th

stion of

put thereon, tlie same

concurrence ben
was unanimously resolved in the affirmative.

It was moved !)y the Honourable Mr. John A. Macdonald : —

That the E.xecutive authority or Government shall be vested in the Sovereign fif
the United Kingdom of Great Britain and Ireland, and he administered according to
the well understood principles of the British Constitution by the Sovereign personally or
by representative duly authorized.

And the (question of concurrence being- put thereon, the same
was unanimously resolved in the affirmati\'e.

It was moved by the Honourable Mv. John A. Macdonald : —

That the Sovereign or representative of the So.-ereign shall be Comniander-in-
Ciiief (if the Laud and Naval Militia Forces.

And the (luestion of concurrence being put thereon, the same
was unanimously resolved in the affirmative.

It was moved by the Honourable ]Mr. Brown : —

That in the Local Government there shall be but one Legislative Chamber.

And after debate, —

The said motion was by leave of tlie Conference with-
drawn.

And the hour of two o'clock p.m. arrivini^, the Chairman de-
[clared the Conference continuerl until half-past .seven o'clock p.m.

And at half-past seven o'clock p.m. the Chairman took the
! chair, when the members were convened.

PllOCEEDlXGS IN CONFEUEXCE

It was moved by the Honouraljle Mr. McCully : —

That with a view of re(Uicinff the expenses of tlie Local Governments, it shall be
left to each I'l'Dvince to recDUiinyntl the recijiistruetiou of its local constitution in such
a way as shall be most acceptable to its own Legislature; provided that in such recon-
struction nothing be contained inconsistent witli the constitutiort of the Federal (rovern -
nient.

And the question of concurrence bein^- put on the motion of
the Honourable Mr. McCully, the same was unanimously/ resolved
in the affirmative.

It was moved by the Honourable Mr, John A. Macdonald : —

That for each of the Provinces there shall be an executive officer, styled the
Lieutenant-Governor, who shall be appointed by the Governor-lieueral in Council under
the (ireat .Seal of the Federated Provinces durinff ))leasure, such ])leasure not to be exer-
cised before the expiration of the first five years except for cause, such cause to be com-
municated in writing to the Lieutenant-Governor immediately after the exercise of the
pleasure as aforesaid, and also by message to both Houses of the (Jeneral Legislature
within t!ie first week of thj first session afterwards.

And after debate, —

And the (juestion of concurrence being put on the motion of
the Honourable Mr. Macdonald, the same was unanimously re-
solved in the affirmative.

And at ten o'clock p.m., a motion for adjournment being
carried, the Chairman declared the Conference continued until to-
morrow.

FRIDAY, 21sT OCTOBER, 1S04.

The Chairman took the chair at ten o'clock a.m., when the
members were convened.

It was moved by the Honourable Mr. John A. Macdonald : —

Tiiat it shall be competent for the General Legislature to
ike laws for the peace, welfare and good government of the
.'<.> "flted Provinces (saving the sovereignty of England), and
< ". .'.xlly laws respecting: —

1. Trade and commerce.

2. The imposition or regulation of dutie? of customs on imports and exports.

3. Tiie imposition or regulation of excise duties.

OF DELEGATES FROM THE I'UOVIXCES.

acdoiuikl : —

4. All or any uther moile.s or systeim uf taxation.

5. Currency and coinage.

(i. The borniwintfof ni>n.'y on tlu pihlic Ci-edit.

7. Banking and the issue of paper money.

.><. Tlie law relatincf to bills of exo!iiV!i,' ! a:il promissory noted.

'.). The rate of interest.

10. Lepal tender.

11. Weights and measures.

12. Postal service.

13. Bankrui)icy and insolvent laws operating as a discharge of tiie clt'jtor.

14. Beacons and lighthouses.

I'). Ocean navigation and shipT)ing.

It). Sea fisheries.

17. Patents of invention and discovery.

IH. Cojiy Rights.

1'). Telegraphic communication and the incorporation of telegraph companies.

20. Naturalization.

21. .Marriage and divorce.
'.'.', The taking of the census.

23. Militia — Military and naval service and defence.

24. Innnigration.

25. Agriculture.

2('). The criminal law (except the constitution of Courts of (.'riminal .Jurisdiction).

27. Roads, bridges, lines of steam or other ships, railways, canals and other works
connecting .any two or more of the Provinces together or extending beyond tlie limits of
any one Province.

2-*. All sucli works as sl\all, although lying wholly within anyone Province, be
sp(;cially fleclared by tlie Acts authorizing them to be for the general advantage.

20. The establishment of a general Court of Appeal for the Federated Provinces.

30. .Subsidies or grants in aid of the Local Governments.

31. The public debt and public property.

32. And generally respecting all matters of a general character, not specially and
exehisively reserved for the Local Governments and Legislatures.

And after debate, —

It was moved in amendment by the Honoui'ablo Mi*. Mc-

Cully :-

That item number 25, " Ao-riculture," be struck out of the re-
solution before the Conference.

And the Conference divided upon the amendment of the

24 PIIOCEEIMN'GS IN C'ONFEItKNCE

Ilonouralile Mr. I\IcCully, and the names of the Provinces were
taken down as follows : —

CONTEXTS None

NON'-COXTENTS.

Canada 2

Nova Scotia 1

New Brunswick 1

Newfoundland 1

Prince Edward Island 1

So it passed in the negative.

It was moved by the Honourable Mi'. Tilley to strike from
item number 27 the words " Roads and Bridges." And the ques-
tion of concurrence being put thereon, the same was unanimously
resolved in the affirmative.

And after further debate, —

And the adoption b}' the Honourable Mr. John A. Macdonald
of certain amendinents to his motion, the question of concurrence
was put thereon, and the same was resolved in the affirmative as
follows :—

That it shall be competent for the General Legislature to make laws for the peace,
welfare and pood government of the Federated Provinces (saving the sovereignty of
England), and especially laws respecting, —

1. Trade and commerce.

2. The imposition or regulation of duties of Customs on imi)orts and exports.

3. The imposition or regulation of excise duties.

4. All or any other modes or systems of taxation,

5. Currency and coinage.

C. The borrowing of money on the public credit.

7. Banking and the issue of ijajier money.

8. The law relating to bills of exchange and promissory notes.

9. Interest.

10. Legal tender.

11. Weights and measures.

12. Postal service.

13. Bankruptcy and insolvency.

14. Beacons, buoys and lighthouses .

W:i

OF DEr.EOATES FUOM THE PUOVIN'CES.

iiices were

15. Navigation and hipping.

1(5. Hea fisheries.

17. Patents of invention luitl discovery.

IS. Copy Ui!,'ht.s.

111. Telegraphic communication and the incorporation of telegrapii coinpanieM.

20. Naturalization and aliens.

21. Marriage and divorce.

22. Tlie census.

'2'.i. Militia— Mil'tary and naval service and defence.

21. Immigration.

2.-). Agriculture.

2ti. The Crimiiuil Law (except the constitution of Courts of Criminal .Jurisdiction).

27. Lines of steam-ships oc other »lii[)s, railways and canals connecting any two or
more of the Provinces together.

28. Lines of steam-ships between the Federated I'rovinces and other countries.

And at the hour of half-past four o'clock p.m., a luotion for
adjournment being carried, the Chairman declared the Conference
continued until to-morrow at twelve o'clock noon.

Ill

SATURDAY, 22ni) OCTOBER, 18G4.

and exports.

The Chairman took the chair at twelve o'clock, when the
members were convened.

It was moved by the Honourable Mr. Gait : —

1. That the Confederation shall be vested at tlie time of tiie union with all cash,
bankers' balances, and other cash securities of eacli Province.

2. Tiiat the Confederation shall be vested witli the public works and property of
each Province, to wit : —

Canals :

Public harbours ;

Lighthouses ;

.Steamboats, dredges and public vcssi.-Is ;

Kiver and lake improvements ;

Ivailroads, mortgages, and ot'.er dtbts duf \>y railroad companies ;

Military roads ;

Public buildings, custom houses and post offices, except suuli as may be set aside
for the use of tlie Local Legislatures ;

Property transferred l)y the Imperial Government and known as ordnance
l)ropcrty ;

Armouries, drill sheds, military clothing and munitions of war ;

Lands set apart for public purposes.

I'llOCEEDIXriS IN COXFEHKN'CE

3. Tlio Mcvtcil I'roviiiccM sliiill rciniiin ciidi vcsti'd witli ivU pul'lic jir()|it'rty
therein, fxccpt such in in licrciiiln'fort' vt^tcd in the C(i:ift'(li'i'ati'>ii, sulijcct to thn rifiht
of tlic Ci)iif''(hT;iti(in to aMSUino any hinds m- imli'.ic iinj[ii'rty ii iiuiicd for fortiticationH
(ir thi; dcft'ncf of th(' (MUiitry.

I. The Confederation shall assinnu all the dt-hts and liabilitifs of each Province.

The d»0)t of Canada, not specially assiuned Ity Ui)i)er and Lower Canada
respectively, shall not exceed at the time uf the union siL'.HdO,©!*!).

New Hrunswickand Xova Scotia shall he at lilierty to jirosicute the works already
authorized hy tlieir ljef,'i>latiires within Hvo years from this date; jirovided the total
amount of their liabilities does not exceed for—

Nova Scotia SS,(I(>0,(IOO

New IJnniswick 7,'H«>,0()0

Newfoundland and I'rince Kdward Island, not having incmred debts equal to
those of the other Provinces, shall lie entitled to receive by half-yearly jiayments in
advance from the Confederation the interest at five jier cent, on the difference between
the actual amount of tlieir respective debts at the time of the union, and the average
amount of indebtedness i)er head of the populntion of Canada, Nova Scctia and New
Brunswick.

i). In coivsideration of the transfer to the (ieneral Legislature of the powers of
taxation, a grant in aid of each Province shall be made, ecjual to an amount of 80
cents per head of the iiopulatiou, as established by the census of IStll ; Newfoiuulland
bein^,' estimatf'd at 180,<KtO inhabitants. Such aid to be in full settlement f)f all future
demands uikju the General Legislature for local purposes, and to be payable half yearly
in advance to each Province.

(!. The position of New Prunswiek being such iw to entail large immediate
cliarges upon her local revenues, it is agreed that for the period of ten years from the
time when the union takes effect, an additional allowance of !?G3,000 per annum shall
be made tn that Province.

7. In consideration of the surrendt.'r to tiie Confederation of all the territorial
rights of \'f\vf>ni.idland, it is agreed that an annual payment shall be made to that
Province of $150,000.

8. All engagements that may be entered into by Canada with the Imperial
Government for the tlefence of the country shall be assumed by the Confederation.

And after debcate,-

And at the honv of five o'clock p.m., and a motion for
adjournment l)ein<^ carried, the Chairman declared the Conference
continued until Monday moinino- at ten o'clock.

Ii;

,ilt

i si

MONDAY, 24th OCTOBER, LSG4.

The Chairman took the chair at ten o'clock a.m., when the
members were convened.

OK DELEfJATES FIlo.M Till; I'lloYIN'CEH.
It WMs jiiovc'l I)V tlie llononralile Mv. Mownt : —

That it h'ihU 111- coinpctont (m- tlw f.'nal Lfgiisluturet to niaki' Iuwm rexpcctinff—

1. Agriculture.

2. Ivluciitioii.

'X Eiiii^'ratiiiii.

4. TImi Hale and nianapt'im-iit of puMie lands, excepting lands held f(ir K<^neral
purposes by tlie (Jeneral (Jovernnifnt.

T). I'ldperty and civil ri),dits, exc'ittini,' tii'i.sc portions thereof assigned to tlie
(leiieral Legislature.

(!. Municipal institutionn.

7. Inland tislieries.

8. Tlie construction, niaint>'iiauce and management of penitentiaries and of
public and reformatory prisoiis,

!'. The construct! lU, maintenance and management of hospitals, charities and
eleemosynary institutions.

](•. All local works.

11. The administratiun (it justict^ and the constitution, maintenance and
erganization of the courts, both uf civil and criminal jurisdiction.

12. The establishment of local otlices, and tin.' apiiointment, payment and removal
of local ofHcers.

13. The power of direct taxation.

1 1. Horrowing money on the credit of the Province.
15. .Shoi), saloon, tavern and auctioneer licenses.
1<(. Private and local matters.

And after tleliate, —

And the hour of 2 o'clock p.m. ensuing, the Chairman dechired
the Conference continued until half-past .seven p.m.

And at half-past seven o'clock p.m., the Chairman took the
chair, when the members were convened.

It was moved by the Honourable Mr. Coles in amendment to
the motion of the Honourable Jlr. 3Iowat : —

That the Local Legislatures shall have power to make all laws not given by this
Confeieiice to the General Legislature expressly.

And the (juestion of concurrence beino- put on the said amend-
ment, the same was unanimously resolved in the negative.

It was moved by Mr. ArchibaM in amendment to the motion
of the Honourable 3Ir. 3Iowat : —

That it is iiiexpacliont to nam? in the -constitution the 8ubjects to be entrusted to
the L'lcal Legislatures.

l'K()(i:EI)IN(iS IN CONFEUKNcr;

And tilt; ([UOHtion of concurreiico l)i'iii<^ put tlicrcon, tin; same
was resolved in the m-j^'ativo.

And the (jucstion of concurrcncu l)L'in^ put on ho much of the
motion of the Honourahlt,' .Mr. Mowat as \h embraced Ix'tweiMi the
initial word "That," down to and includin^f the word "agricul-
ture," the .same was resolved in the affirmative.

And at the hour of eleven o'clock p.m., a motion for adjourn-
ment bein<^ carried, the Chairman declared the Conference con-
tinued until to-morrow.

TUESDAY, 25th OCTOBER, 18G4.

The Chairman took the chair at ten o'clock a.m., when the
member.s were convened.

The Conference resumed debate on the motion of the Honour-
able Mr. Mowat, whlcii was discussed clause by clause.

It was moved by the Honourable ISh: l\rcGee that the following
words be added to item 2, " Education " : —

Savinj^ tlie rights and privileiri^s which the Pnjtestant or CatI*K)lic minority in Ijoth
Can.idaH may possess as to their dfuominatioual scliools at tlu: time when tht; Constitu-
tional Act g-fes into operation.

A<;'reed to.

It was moved by Colonel Gray (Prince Edward Island) : —

That item number 7 ln' amended to rea 1 "Sea coast an I i,!laiid fisheries.''

A<,n-eeed to.

It was moved by Mr. Archibald tluit the following- item be
added to the motion of the Honourable Mv. Mowat : —

"17. The incorporation of private or local companies, e.Kcept .such as relate to
matuT.s assij,'ned to the Federal Legislature."

Agreed to.

And after further debate, —

And the adoption of certain verbal amendments, the (juestion
of concurrence being put on the motion of the Honourable Mr.

OF I)KI.E(;ati:.s iijom thi; riioviNcix

Ich in folate to

Mount (witli the exctjition of item nuiiilu'r 11, tho conHitlcnition
of whicli was postpoiicfl), the same was I'csolved in tlie attiiiiiativo
lis follows : —

That it ^hivll Ih' uumiKstent for tlin Local Lt>j(iHlatiiren to iiiiikn Iiiwh rtMjificting :—

Kilnoatioii, nnvinK tho riKhtn iiiiil privilto.''- whii'h tlif rrotcstiiiit or f'litliolic
initiority in both CanmliiH may poNMcns as to thi ii- (It-noininutioiial Kithools at the tiiiit*
whi'ii tilt' Conhtitiitioiial Act (,'o<'h intooinTation,

Iiinnigratinn.

Thosalu and iiianageiiient of public landH, t'.xcepting laniln bfluiiging to tlm (Seneral
(lovt'cimu'iit.

Property anil civil ri^'hts, e.\ct'i)tiiiK those portions thereof asMipfned to tiie (Jfueral
Legi'lature,

Municipal InHtitutionM.

Sea coantand inland fisheries.

The establishment, maintenance and management of penitontiarieH and of public
and reformatory prisons.

Tlie construction, maintenance and management of hospitals, asyhnns, cliaritiesand
eleemosynary institutions.

Local works.

The establi/jinnent and tenure of local offices, and the appointment and i)ayment of
local (itticers.

Direct taxation.

Borrowing money on the credit of the Province.

Shop, saloon, tavern and auctioneer licenses.

The incorporation of private or local companies, except such as relate to matters
assigned to the Federal Legislature.

And generally all matters of a private or local nature.
It was moved by —

Tliat the L)cal Legislature of ("ach Province may afterwards, from time to time,
alter the electoral districts of the Province for the purposes of representation in the
House of Commons, and distribute the number of representatives to which the Province
is entitled, in any manner such Legislature may think fit.

And the ([uestion of concurrence being put thereon, the sanie
was rt'solveil in tho affirmative.

It was moved by the Honourable Mr. John A. Alacdonald : —

That the p^iwer of respiting, reprieving, ■ commuting and pardoning prisoners con-
victed of crimes, and of remitting of sentences in whole or in part, which belongs of
right to the (."rown, shall be administered by the Lieutenant-Governor of each Province
in Council, subject to any instructions he may from time to time receive from the (ieneral
(Government, a.nd su\)ject to any provisions that may be made in this behalf by the
General Legislature.

ir^

ritoCKKDIXOS IX ('0\FEKEX('I';

1)1 I'm

And the <iue.stiou of concurrence being- put theieon, the same
was re.solved in tiie affinnative.

And tiie h(nil' ot' two o'clock p.m. en.suinj^, the Chairman
declared the Conference continue<l until hali'-past seven o'clock in
the evenino-.

And at half-past seven o'clock p.m. the Chairman took the
chair, when the members were convened.

It was moved by —

Tliiit till' L')L.':il L";,'i.sl;itiin' .shall liavo i))\vei' ti» provide for iiiHictinj,' i)iinislini(>nt
by fine, piMiiiltics, iinprisoiimi'iit, or otlii'rwisf, fur tlit- liruacli of law.s passed in rehitiou to
any Huhjcet witiiiu tlu'ir jurisdiction.

Tiiat in ri'j,'ard to all sul)jt*L'ts over wliicli jurisdiction Imlonys to botli the General
and Local Governments, the laws of the l'"ederal Parliament .shall control and supersedy
those made by the Local Lejfislatiire, and the latter shall be void so far as they are re-
pugnant to or inconsistent with the former.

And the question of concurrence being put thereon, the same
was resolved in tlie afHrmative.

It was moved by —

That all lands, mines, minerals and royalties veste<l in Her Majesty in the Pro-
vinces of Upper Canada, Lower Canada, Nova Scotia, New Brunswick and Prince Ed-
ward Island, for the use of such Pr. ivinue*, shall beloni; to the Local ( Jovernment of the
territory in which the .same are so situate ; subject to any trusts t!iat may exist in re-
sjjeot to any of such lands or to any interest of other per.sons in respect of the .same.

All sums due from i)>ir(!hasers or lessees of sucii lauds, mines or minerals at the
time of the union, shall also belong to the Local ( rovernments.

And after debate, —

It was resolved that further consideration of the same should
be postponed.

It was moved Ijy the Honourable Mr. Movvat that ; —

1. It shall be competent for the General Lejfislature to pass laws respecting —

1. The Indians.

2. Ferries between any Province and a foreign country or between any

two Provinces.

3. For the reyulation and incorporation of fire and life insurance com-

panies.

4. Kespecting savings banks.

2. It shall also V)e conii)etent for the tr^jneral Legislature to pass —

Inspection laws, and

Laws relating to quarantine.

OF i)Ei.r.i;ATKs n!oM Tin; I'ltovixciis.

;?. Thr (Ji'iii r.il (li>vi-niiiifiit iiml Li'i^islntuiv >!i:ill liavc !ill pnwcis iii('i'-.sarv <ir
nrniHT for iH-rfni'iiiing' tin- i'lili;,'iitinns iif tlif I'rii\ iiiue iis piirt of tln' JSritish I'lmpiic to
fonig'n c'outiti'irs, ririsiiii,' lui Icr treaties Ix'twecn (Jreiit liritiiin uiid .sucli countries.

4. All Courts, .liid^'es ;iul Otiicers of tlie several Provinces shall ai.i. a-si.st and
ol)ev t!ie (leneraHioveriinient in tlie excrcisn of its rights and jioxvers under t!iis Act,
'^lui for such puriiosfs -hall l>e held to l>e Judges and Ottiee.rs of the (General ( loveri!-
uient.

."). Tile (ieneral (Ji.vernineiit may also, from tinuitt. time, estahlishadilitiunaU'ourts,
and appoint other .Judges and (Itticers, when the same siiall appear necessary or for the
pnl)lic advatitatfe, iu order to tliedue execution of the laws, rights and (il)iigatious of the
(it^neral (Jovernment.

(I. All hills for appropriating any part of the imlilio re\enne, or for imposing any
new tax or impost, sliall originate in tiie House of Commons or tiie Local As-emWIy, as
the case may lie.

7. 'I'iie }louse(>f (Simmons or Legislative Assemhlv shall not originate or pass any
vote, resolution, address or hill for the appropriation of any ])art nf the pnlilic revenue, or
tif itny tax or impost to any purpose, not first reci)mn!<>nded to the House or As^emlily by
message of the ( Jovernor-lleneral, tiuring the session in which such vote, r:'solution, ad-
dress or l)ill is passed.

5. Any hill of the (Jc'iieral Legislature may be reserved in the usual manner for Hr^r
Majesty's assent, and an.y bill of the Local (Jovernments may in like manner be resi-rved
for the considerati(jn of the General (Jovernment.

;». Any l)ill i)asse<l by the Oeneral Legislature shall be subjf^ct to disallowance by
Her ."t[ajesty within two years, as in the case of bills passed by tlie saiil I'r. ivinces
hitiierto, and in like manner any bill passed by a Local Legislature shall be subject to
di.sall )wance by the (Jeneral (lovernment within one year after the (lassing thereof.

Ami after debate, —

And the insertion of certain \erbal amendments, the (luestion
of concurrence was put on the first seven items of the motion of
the HonourabU^ Mr. I\Io\vat, and the same was resolveil iu the
atKnnative.

And after further debate, —

And the question of concurrence bein^- put on the eighth and
ninth items, the same was resolved in the affirmative.

It was moved, by the Honourable Mr. Slowat* that' —

Tile North-West Territory, British Colund)ia and Vancouver siiall' be admitte(l
into the Union on such terms and conditions as Parliament shall deem etpi.table, and as
shall receive the assent of Her Majesty ; and in the case of the Province of Itritish
Columbia or Vancouver, as shall be agreed to by the Legislature of such .^rovince.

An<l the ([uestion of concurrence being- put thereon, it was
resolved that further consideration of the same should lie postponed.

}

Mowat

It is not ([uite certain from the [lapers that this resolution was moved l>y Mr.

PUOCEEDIXGS IN CONFEREN'CE

Attention was called to the minutes of the 13th October
instant, by which it appeared that Nova Scotia and Prince Edward
Island liad voted against the motion : —

That in framing the Constitution for the (Jeneral Crovernment, the Conference,
with a view to the (lerpetuation of our connection with the Mother Country, and to the
promotion of the best interests of the people of these Provinces, desire to follow the
model of the British Constitution so far as our cirCi—istances will permit.

It was moved by —

That with the view of explaining the vote of Xova Scotia and Prinoe Edward
Island in the negative on that resoluti(m, the amendment proposed on that occasion be
entered on the minutes as being expressive of the views of Nova Scotia and Prince
Edward Island on the subject, and which led to their vote in the negative on the main
motion, and which amendment is as follows : —

That while it is the avowed desire of this Conference to perpetuate the connection
with the parent state by every mean^ in our jKiwer, it is not judicicjus t<j fetter our
actions by the passage of a resolution of a simple declaratory character, and which may
embarrass our action in the selection of the best means of providing for the general and
local (iovernment of the country.

And the question of concurrence being put thereon, the same
was resolved in the affirmative.

And at the hour of twelve o'clock midnight, a motion for
adjournment being carried, the Chairman declared the Conference
continued until to-morrow niorning at eleven o'clock.

WEDNESDAY, 26th OCTOBER, 1864

The Chairman took the chair at twelve o'clock noon, when the
members were convened.

It was moved by the Honourable Mr. John A. Macdonald : —

That the Judges of the Courts of Record in each Province shall be appointed ami
paid by the General Government, and their salaries shall be fixed by the (Jeneral
Legislat'ire.

That the Judges of the Court of Admiralty now receiving salaries shall be p.iid hy
the General Government.

That the Judges of the Superior Courts shall hold their offices during gcud
behaviour, and shall be removable only on the address of both Houses of the General 'I
Legislature.

And the question of concurrence being put on the motion of
the Honourable Mr. Macdonald, the same was resolved in tlie |
affirmative.

lii^

OF DELEGATES FliOM THE I'KOVlXfES,

:V,i

October
Edward

Conference,
,-, iiw\ to the
o follow the

rinoe Edward
It occasion be
ia and Prince
e on the main

the connection
, to fetter our
and which may
;he general and

HI, the same

motion for
Conference

)on, when the
Llacdonald :—

Ibe appointed and
by the tienend

shall be paid hy

kces during g<^'

Ises

of the General

the motion of
[solved in tVie

It was moved by-

Tliat. the (Jener.il Lejfislature shall liave power to i)ass stattites for renderiii^r
nnifonu all or any oi the laws relative to property and civil riglits in Upper Canada,
Nova Scotia, New Brunswick, I'rince Edwanl Isl.ind and Newfonndland, a!id for
rend'-rinjf uniform the procedure of all or any of tiie Coiu'ts in these Provinces; but not
to ifi< into opiration in any Province until sanctioned by the Legislature thei'eof.

And the (juestion of concurrence being put thereon, the same
was resolved in the affirmative.

It was moved hy —

That subject to aisy future actio:i of the respective Local Governments in respect
thereof, the seat of the Local < uiverniner.t in I'pper Canada shall be in Toronto; of
Lower Canada, Quel)ec; and the seats of the Local ( Jovernnients in the other Provinces
shall be as at present.

And the ([uestion of concurrence being put tliereon, the same
was resfjlved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonaic' : —

That the seat of the (iovernmont of the Confederated Provinces shall be Ottawa,.
siilijeut to the royal prerogative.

And the (juestion of concurrence being put thereon, the same
was unanimou.sly resolved in the affirmative.

It was moved by —

That no lands or property belonging to tlie General or Local Govenunents shall be
liable to taxation.

And the question of concurrence being put tliereon, the same
was resolved in tlie affirmative.

It was moved by the Honourable Mr. (lalt : —

That in the General Legislature an<l in its proceedings, tlie English and French
laiiguatres may be both especially employed. And also in the Local Legislature of Lower
Canada and in the Federal and Local Courts of Lower Canada.

That the Lieutenant-Governor of each Province shall be paid by the General
Legislature.

Tliat in imdertaking to pay the salaries of the Lieutenant-Governors, the Confer-
ence does not desire to prejudice the claim of Prince Edward Island upon the Imperial
I Government for the amount now paid for the salary of the Lieutenant-Ciovernor thereof.

And tbe <|uestion of concurrence being put thereon, the same
jwas unanimously resolved in the affirmative.

I'Oi'li CON. — 3

I \

PROCKEDIXfiS IX COXFEllEXCE

The Conference then discussed the financial resohitions mo\ed
by Mr. Gait on the 22nd instant.

And after further debate, —

And the adoption of certain amendments, the <]UL'.sti(jn of
concurrence was put upon numbers foui-, five and si.x, and thu
same was resolved in the affirmative as follows : —

Tile Conference' shall awHinne iiU the debts and liabilities of each Provinee.

The debt of Cansidii not sjjeciallj' assumed by I'jjper and Lower Canada

respectively shall not exceed at the time of the Union .Sl32,ijOf),000

Nova Scotia shall enter into the Coi; ederation v ith a debt not exceeding. . . S,(»0(>,flOfi

And New lirunswiclc 7,000,000

But it is expressly provided that in -^^ ' Nova Scotia or New I'ninswick do not
incur lialiilities l)eyoiid those for which their Governments are now bound, and wliicli
.shall make their respective debts at the date of the Union le.ss than i^i^jOOO.OOO am!
•S7,00l),000 resjjectively, they shall then Vie entitled to lienetit by the interest at five per
cent, on the amount not so incurred, in like manner as is hereinafter provided for New-
foundland and Prince Edward Island. The foregoing resolution being in no respect
intended to limit the powers now given to the respective (iovernments of those Provinces
by legislative autiiority, but to limit the extreme amount of charge to be Ijrought by
them against the Confederation ; provided always, that the powers so conferred by tiie
respective Legislatures must be exercised within live years from this date or will then
lapse.

Newfoundland and Prince Edward Island, not having incurred debts equal to tho.se
■of the other Provinces, shall be entitled to receive by half-yearly i>ayments in advance
from the Confederation the interest at five ])er cent, on the difference between the actual
amount of their I'esjx-ctive debts at the time of the Union, and the average amount of
indebtedness per head of the population of Canada, Nova .Scotia and New Brunswick.

In consideration of the transfer to the (leneral Legislature of the powers of tax-
ation, a grant in aid of each Province shall be made, equal to an amount of eighty cents
per head of the pojiulation as established l)y the census of 18G1 ; Newfoundland being
estimated at 1;<0,0()0 inhabitants. Such aid to be in full settlement of all future demands
upon the (General Legislature for local puri)oses, and to be payable half yearly in advance
to each Province.

The position of New Brunswick being such as to entail large immediate chaipe.s
upon her local revenues, it is agreed that for the period of ten years from the time when
the Union takes effect, an additional allowance of .S(!3,<M)0 per annum shall be made to
tiiat I'roviiice, ]>rovided that s.) long as the liability of that Pn)\ince remjuns under
S7,000,000, a deduction eipial to the interest on >ueli deficiency shall be made from tlic
Ji(i3,000.

And item number seven having been amended to read as
follows : —

That 111 consideration of the surrender to the Confederation by Newfoundland
all its rights in mines and minerals, and of all the ungranted and uiioccui)ied lands et |
the Crown, it is agreed that the sum of SiUiO.OUO .shall each year be paid to that Proviiife |

*ll

IS luoveil

ostiou of
:, aii'l the

Incc.

.. §r,2. 500,000

,s,ooo,ooo

7,000.000

mswick (^o w>t
nitl, unci whicli

sb,000,000 i\w\
evest at fiv.- l>ei'
.virled for Nf^^"
{T in no rt^^n"''-''^

those Provinc-s
;o be brousUt \)y
jonferred by tlie
r\ate (.r w^l tben

,ts equal to those
iieuts in advance
tween the actvuil
ievage amovnit of
Iw ISranswiek.

|,e powers of tax-
iitof eighty cents
•foundland being |
[u future demands
yearly in advance

Liiediate chavpes

|oni the tune when

f^hall be made to

Le reniiU"'^ ""'^''^
be made from thf

Id to read as

L Kewfoundland "t |
[unccuvied huuls e!
lid to that Province i

OF DELEGATES FROM THE I'JfOVINC'ES. H'}

by aemi-anmial iiayment-i; provided tliat the Colony shall retain the riuflit of oi'cniii;,',
construotinj,' and controlling? roads and ))rid^:eM through any of tlie said lands, subject
to any laws which tlie (ieneral Legi.-,lature may jiass in respect of the same.

Ami tlie (jUesti(jn of coiicunvnce beino' put tliereou, the Con-
ference divided, and the names of the Provinces were taken down
as follows : —

COXTEN'TS.

Canada 2

Nova Scotia 1

New Brunswick 1

Newfoundland 1

NOX-COX'IKNTS.

Prince ICd ward Island 1

So it passed in the affirmative.

And the (juestion of concurrence Ijeini,^ pro])osed on item num-
her eioht, the same was resolved in the afhrmative as follows : —

S. That all engagements that maj' be entered into with the Imperial (iovernmeiit
for thf defence of the country shall be assumed by the Confederation.

'I'he Chairman laid the following letter before the Conference : —

To THE HOXOCJIAHLE SlK E. P. TaCHJ5, &C., &C., &C.,

Chairman Intercolonial Conference.

SiH, — The undersigned desire respectfully to learn whether the
Conference will instruct its secretary' to furnish them for pub-
lication with a synopsis of the scheme of Confederation which
may result from its deliberations.

The previous objection to furnish information which must have
been necessarily incomplete does not appear to apply, after the
oeneral plan has been agreed upon, and the undersigned, on that
account, feel justitied in renewing their application for an olficial
statement of the proceedings of the Conference. They trust the
Conference will not deem this renewed application importunate
when the natural anxiety of the public to learn the result of its

7 1

3fi

PltOCEEDlXGS IN CONFEKE.VCE

deliberationH is considered, especially as an intelligent public
opinion can only be formed up"»: a thoroughly reliable statement
of the facts.

And they have the honour to remain, Sir,

Your very obedient humble servants,

Charles Lindsey,

for Leader.

B. Chamberlin,

for Montreal Gazette

■»

1 1

The following answer was read and ordered to be sent : —

'^ON '^T v^Qg Chamreu,

Parliament House,

Quebec, 26th Oct., 18G4.

Gentlemen, — I am desired by Sir Etienne Tache to acknow-
ledge your note, recjuesting that you may be furnished, for publi-
cation, with a synopsis of the scheme of Confederation which may
result from the deliberations of the Conference.

I am, in reply, to state that the members of the Conference
are of opinion that the reasons given in my former communication
as those which induced them to decline your reifuest in respect to
ensuring publicity of their proceedings are still applicable ; and
that they cannot yet feel themselves justified in giving authorized
publication to the results of their deliberations.

I have the honour to be, gentlemen.
Your obedient servant.
For the Secretaries of the Conference,

H. Bernard,

Executive Secretary.

Charles Lindsey and B. Chamberlin, Escjuires.

(The rest is wanting).

' 11,1
Will

public
,teinent

• Leader.

Gazette

it :—

b., 18G4.

) acknow-
for publi-
vhich may

lont'erence
luunication

respect to
Icable; and

authorized

Secretary.

OF DELErJATES FROM THE IMIOVIXCES. 37

THURSDAY P.M., 27th OCTOBEll. 1S64.
It was moved by —
And resolved : —

That all coinniunicatidiis from thcHcvfral Provinces on tlio subjoct of tlie Confed-
eration be addressed to Sir J-;. 1*. Taclie, the Premier of the Canadian Government,
wlio shall ])ti the medinni of comm'.inication between them.

It was moved by the Honourable Mr. Gait : —

Tiiat the comnmnications with the North-Western Territory and the imiinjvement
rc'niired for the development of the trade of the (rreat West witli the seaboard arc re-
garded by this Conference as subjects of the hiffiiest importance to tiie Confederation
and should be prosecuted at the earliest possible period, when the state of the federal
finances will permit tlie Letfislature to do so.

And the (juestion of concurrence being put thereon, the same
was I'esolved in the affirmative.

(The rest is wanting).

SATURDAY, 29th OCTOBER, 18G4.

St. Lawrence Hall, Montreal,

12 o'clock noon.
It was moved by the Honourable ]\Ir. Tupper : —

That, in the absence of Sir ¥,. P. Tauhe, tlic Honourable Mr. Cartier do talce the
cliair.

Carried, and IMr. Cartier took tlie chair.

The following heading of the report was carried : —

Report of resolutions adopted at a conference of delegates
from the Provinces of Canada, Nova Scotia and Xew Ih-unswick
and the Colonies of Newfoundland and Prince Edward Ishmd, held
at the City of Quebec, as the basis of a proposed confederation of
tliose Provinces.

J : til

(The rest is wanting).

l'K(J('Ei:i)l.\(;S IN COXFLllKXCi:

Below arc the resolutions us finally ailopted by the Con-
fei'ence.*

It will be seen that the Minutes reconl the adoption of all save
numbers 10, Vi, 15, lU, lU, ;}5, 54, 55, 5(5, 57, 5S, 59, OS, 70 71 and
72.

They further show that of these No. 10 was moved on the
25tli October by ]\Ir, Mowat, and Xos. 54, 55 and 59 on the 22nd
October by Mr. (Jalt.

The ori^'inal papers also disclose that Xos. 13 and 15 were
moved by Mr. McCuUy, X^o. GS by Mr. Tupper and Xo. 70 by Mr.
John A. Mactlonald.

Kespectinij Xos. 10, 34, 35, 5(), 57, 5S, 71 and 72, there is
nothiny: to indicate on which of the three last sittin^cs of the Con-
t'erenco or by whom they were introduced.

REPORT

Of Resolutions adopted at a Conference of Delegates from the Pro-
vinces of Canada, X'^ova 8cotia and Xew Brunswick, and
the Colonies of Xewfoundland and Prince Edward Island, held
at the City of Quebec, 10th October, ltSG4, as the Basis of a
])i-oposed Confederation of those Pi'ovinces and Colonies.

1. The best interests and present and future prosperity of
British X'^orth America Avill be promoted by a Federal Union under

* Ketwt'en the cldsiug- of the '^iR'bccCoiift'iviict' in October, 18(54, and the nici'tinp
of the Caniuliiin Legishitiirc in .Fiuiuiiry, IHv), certain alter.ations were nuide by niutu.al
consent of the delegates in tlie 24th, 2!)tli and 43rd resohitions, as follows ; —

The 24th resolution was changed to read :

24. The Local Legislature of each Province nniy, from time to time, alter the
electoral districts for the |)ur{)()ses of representation in such Local Legislature, and
distribute tiie representatives to which the Province is entitled in such Local Legisla-
ture in any manner such Legislature may see lit.

Sub-section 3 of section 2!( was changed to read :

3. The im|)o.sition or regulation of duties of customs on im))orts and exports, except
on exiiorts of timber, logs, masts, spars, deals and sawn lumber from New Brunswick,
and of coal and other minerals from Nova Scotia.

Sub-section 1 of section 43 was changed to read :

1. J)irect taxation, and in New Brunswick tlie imposition of duties cm the export
of timber, logs, masts, spars, deals and sawn lumber; and in Nova Scotia on coals and
other minerals.

For the correBpondence arising out of these changes, sec Appendix IIL

OF DKLEfiATKS FIt'»M lllK l'U< )VI\rES.

the Crown of Clreat Britain, provi<lo(l such Union can be cth'cteil
on principles just to the several I'nninces.

2. In the I'YMk-ration of the British North American I'ro-
vinces tlie System of CJovernment best adapted under existing- cir-
cumstances to protect the diversified interests of the several Pro-
vinces and secure efficiency, liarmony and permanency in the woi'k-
inij^ of the Unioii, — would be a general (Jovernment charged with
matters of common interest to the whole Countiy, and Local (Jov-
crnments for each of the Canadas and for the Provinces of Nova
Scotia, New Brunswick and Prince l^dward Island, char<fed with
the control of local matters in their i-es])ective sections. — Provision
being- made for the admission into the Union on ecpiitable terms of
Xowfoundland, tlie North-West Territory, British C<ilumbia and
Vancouver.

']. In framing a Constitution for the General (lovernment,
the Conference, with a view to the per[)etuation of our connection
with the 3Iother Country, and to the pi'omotion of the best
intei'ests of the people of these Provinces, desire to follow the
model of the British Constitution, so far as our circumstances will
permit.

4. The Executive Authority or Government sliall be vested
in the Sovereign of the United Kingdom of Gi-eat Britain and Ire-
land, and be administered accoi-ding to the well understood prin-
ciples of the British Constitution by the Sovereign personally or by
the Representative of the Sovereign duly authorized.

5. The Sovereign or Representative of the Sovereign shall be
Commander-in-Chief of the Land and Naval Militia Forces.

(). There shall be a General Legislature or Parliament for the
Federated Provinces, composed of a Legislative Council and a
House of Commons.

7. For the purpose of forming the Legislative Council, the
Fe lerat^jl Provinces sliall be considered as consisting of thr(,'e
divisions :— 1st, Upper Canada ; 2nd, Lower Canada; 3rd. Nova
Scotia, New Brunswick and Prince Edward Island, each division
with an equal representation in the Legislative Council.

fs. Upper Canada shall be represented in the Legislative Council
by 2-i Members, Lower Canada by 24. Members, and the three

•if

^'1

I li

riU)CEEi)i\(i.s IN c(j\i'eiu;nce

Miiritiint; Pi-ovincos hy 24 .Mt'inlnT.s, of which Nova Scotia shall
have Ten, New iji-unswick. Ten, and I'lince Kdwaj'il Island, Four
Members.

!). The Colony of Newfoundland shall he entith'd to enter the
])roposed Union, with a representation in the Le<;islative Council
of four Alenibers.

10. The North-West Ten-itoiy, British Cohnnbia and \'an-
couver shall be admitted into the I'nion on such terms and con-
ditions as the Parliament of the Federated Provinces shall deem
e(|uitable, and as shall receive the assent of Her Majesty; ami in
the case of the Province of British Columbia or Vancouver, as shall
be agreed to by the Leoislature of such Province.

. ; 11. The Members of the Legislative Council shall be
ap^)ointed b}' the Crown under the Great Seal of the General (lov-
ernnient and shall hold Office durin<>' Life : if any Legislative
Councillor shall, for two consecutive sessions of Parliament, fail to
give his attendance in tlie said Council, his seat shall therelty
becoine vacant.

12. Tlie Members of the Legislative C(juncil shall he British
Subjects by Birth or Naturalization, of the full age of Thirty- Years,
shall possess a continuous real property (pialiiication of four
thousand dollars over and above all incund)rances, and shall be and
continue worth that sum over an<l above their debts and liabilities,
liut in the case of Newfoundland and Prince Edward Island, the
projierty may be either real oi- personal.

13. If any (juestion shall arise as to the (jualitication of a
Legislative Councillor, the same shall 1»e determined by the
Council.

14. The first selection of the ]\Iend:)ers of the Legislative
Council shall be made, except as regards Prince Edward Islaiul,
from tlie Legislative Councils of the various Provinces, so far as a
.sutHcient number be found (jualitied and willing to serve : such
Mend)ers shall be appointed by the Crown at the recommendation
of the Genei'al Executive Government, upon the nomination of the
respective Local Governments, and in such nomination dne regard
shall be had to the claims of the Members of the Legislative

OF i)i;i,i:(!.\Ti;s tkom •ihk i'kovim'Ks. 41

Council of the Opposition in eiicli I'l-ovince, so timt all )n>litical
pai'ties may as nearly as possihlu l)e fairly represL-ntetl,

lo. The Speaker oi' the Le<^i.slative Council (unle'.s.s otherwise
[irovided hy Parliament) shall be appointed l)y the Crown hum
amon<4 the members of the Leoi.slativi. Council, and shall hold otllce
durini>" pleasure, and shall only he entitled to a castin<^ vote on an
e(|uality of votes.

10. Each of the twenty-four Le!4islative C(»nncillors represent-
ini; Lower Canada in the Ley-islative Council of the ( Jeneral Le^'is-
lature, shall be appointed to repi'csent one of the twenty-four
Electoral Divisions mentioned in Schedule A of Chapter first of
the Consolidated Statutes of Canada, and such Councillor shall
reside, or possess his (p;alification in the ])ivision he is appointed
to represent.

17. The basis of Representation in the House o'i Comnions
shall be Population, as tietermined by the Official Census every
ten years; and the number of Members at first shall l)e 1!)4, dis-
tributed as follows :

Upper Canada S2

Lower Canada (io

Nova Scotia 19

New Brunswick 15

Newfoundland 8

and Prince Edward Island 5

18. Until the Official Census ol: 1871 has been made up
there shall be no change in the number of Representatives from
the several sections.

10. Innnediately after the completion of the Census of 1871
and immediately after every Decennial Census thereafter, the
Representation from each section in the House of Connuons shall
be re-adjusted on the basis of Population.

20. For the purpose of such re-adjustments, Lower Canada
shall always be assio-ued sixty-five mend)ers, and each of the other
sections shall at each re-adjustment receive, for the ten years then
nmt succeeding, the number of members to which it will be

'r 1
i'

f?.

i!!

l'H()Ci:r.l)IN<i.S IN (((Nl'KUKNi K

eiititlc'l oil till,' saiim rutiooi" ivpro.suntiitiou to Dopuliition us Lower
Ciuuula will ciijoy iicconliiiL;' to tlu^ (amisus last takon Ity having
sixty-tivc inuinliers.

21. No r<'(iu(rti()ii shall 1)0 made in the mimher of Meiiiher.s
rcturnetl hy any section, iniless its population shall have decreased
I'elatively to the population ol* tin; whole rnion, to the extent of
five per centum.

22. In eomi)utin:; at each decennial period, the iiumher of
Members to which each section is entitled, no fractional parts shall
be considered, unless when exceedin;^one half the number entitliufj;;
to a Member, in which case a member shall be ^iven for each sucii
fractional ])art.

2.'?. The Le;,dslature of each Province shall divide such Pro-
vince into the proper mnnber of constituencies, and define the
boundaries of each of them.

24. Tlu! Local Leirislature of each Province may from time to
time alter the Electoral Districts for the purposes of Repi-esent-
ation in tlu' House of Commons, and distribute the representatives
to which the Province is entitled in any manner such Le<fislature
may think lit.

25. The nuinber of .Members may at any time be increased
by the (Jeneral i'arliament, — rej^ard bein^ had to the proportion-
ate ri<>hts then existing'.

2G. Until provisions are made by the General Parliament, all
the Laws wliich, at the date of the Proclamation constituting the
Union, are in force in the Provinces respectively, relating to the
(|Ualitication and dis(|ualitication of any person to be elected or to
sit or vote as a member of the Assembly in the said Provinces
respectively — and relating to the qualification or disqualihcation
of voters, and to the oaths to be taken by voter.«, and to Returning
OflRcers and their powers and duties, — and relating to the proceed-
ings at Elections, — and to the period during which such Elections
may be continued, and relating to the Trial of Controverted Elec-
tions, and the proceedings incident thereto, and relating to the
vacating of seats of Members and to the issuing and execution of
new Writs in case of any seat being vacated otherwise than by a

OF IH'I-r.(iATi:s FltoM THE IMloVINCES,

4»

dissolution, — sliiiil rospcctivcly upijly to ^'lections ol" MoihIrts t<»
sovvc ill the I louse ol" Coiiiiiions, for places situate in those l*ro-
vinci'S respectively.

27. Every House of ('onmioMs sliall continue for five yeai-s
f'-'XM the «hiy of ti»e return of the wi'its choosing;' the same, ami no
I , subject, nevertheless, to In- sooner prorogued or dis.solved hy

the ( iovernor.

2S. There shall he m, Session of the ( ieneral Parliament once
at least in every yciii-, so that a period of twelve calendar months
shall not inter\ene liut-ween the last sittin*^ of the (ieneral Parlia-
ment in one Session and tin; lii'st sitting' thereof in the next

session.

20. 'i'he (teneral Parliament shall have power to make Laws
for the peace, welfare and i;'ood (Jovei'nment of the Federated
Provinces (savin;,^ the Sovereignty of Kne'land), and es]" cially
Laws respectin;,^ the following* sul))ects: —

1. The I'ublic Debt and Property.

2. The Ro;;ulation of Trade and Commerce.

>]. The imposition or rej^ulation of Duties of Customs
on Imports and Exports, except on Exports of
Timiier, Loi;s, blasts, Spars, Deals and Sawn
Lumber, and of Coal and other ]\linerals.

4. The imposition or rei^ulation of Excise Duties.

5. The raising of money by all or any other modes or

sy.stems of Taxation.

(). The BoiTowinf; of Money on the Public Credit.

7. Postal Service.

8. Lines of Steam or other Ships, Railways, Canals

and other works, connecting- any two or more of
the Provinces together or extending beyond the
limits of any Province.

9. Lines of Steamships between the Federated

Provinces an(l other Countries.
10. Telegraphic Connnunicatioji and the incorporation
of Telegraph Companies.

)■

PKOCi:E!>IN'(iS IN COXFKIJEXCE

11,

12.
13.
14.
15.
KJ.
17.
18.

10.
20.

21.
22.
23.
24
25.
26^

28.
2i).
30.
3i.

32.

33.

All 8uch works as shall, altliough lyino- wlioU}''
within any Province, be specially declared by
the Acts authorizing!' them to be for the general
advantaije.

The Census.

Militia — Military and Naval Service and Defence,

BeacoUvS, Buoys and Lighthouses.

Navi<fation and Shijiping'.

Quarantine.

Sea Coast and Inland Fisheries.

Ferries betweer any Province and a Foreign
Country, or between any two Provinces.

Currency and Coinage.

Banking, Incorporation of Banks, and the issue of

paper money.
Savings Banks.
Weights and Measui*es.
Bills of Exchange and Promissory- Notes.

Interest.
Legal Tender.

Bankruptcy and Insolvency.

Patents of Invention and Discovery.

Copy Rights.

Indians and Lands reser\-ed for the Indians.

Naturalization and Aliens.

Jlarriage and Divorce.

The Criminal Law, excepting the Constitution of
Courts of Criminal Jurisdiction, but including
the procedure in Criminal matters.

Rendering uniform all or an}- of the laws relative to
property and civil rights in L^pper Canada,
Nova Scotia, New Brunswick, Newfoundland
and Prince Edward Island, and rendering
uniform the procedure of all or any of the
Courts in these Provinces ; but any Statute for

OF DKI.EfJATES l-'llOM THE i'JtOVINCES.

35.

87.

tlws purpose sluvll have no force or autliority in
any Province until sanctioned by the Legishiture
thereof.

34. Tlie Establishment of a General Court of Appeal for
tlie Federated Pi-ovinces.
Inimis,' ration.
Aj^a-iculture.

And Generally i-espectin^ all matters of a <^feneral
cliaractei', not specially and exclusively reserved
for the Local Governments and Legislatures.

30. The General Government and Parliament shall have all
powers necessary or proper for performing the obligations of the
Federated Provinces, as part of the Britisli Empire, to Foreign
Countries, arising under Treaties between Great Britain and such
Countries.

31. The General Parliament may also, from time to time,
establish additional Courts, and the General Government may
appoint Judges and OfHcei's thereof, when the same shall appear
necessary or for the puljlic advantage, in order to the due execution
of the laws of Parliament.

32. All Courts, Judges and (3fficers of the several Provinces
shall aid, assist and obey the General Government in the exercise
of its rights and powers, and for such purposes shall be held to be
Courts, Judges and Officers of the General Government.

33. The General Government shall appoint and pay the
Judges of the Superior Courts in each Province, and of the County
Courts in Upper Canada, and Parliament shall fix their salaries.

34. Until the Consolidation of the Laws of Upper Canada,
New Brunswick, Nova Scotia, Newfoundland and Prince Edward
Island, the Judges of these Provinces appointed by the General
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 now receiving
salaries shall be paid b^- the General Government.

:il^^:

rUOCEEDINGS IX CONFERENCE

37. The Judges of the Superior Courts shall hold their office
during good behaviour, and shall be removable only on the Addi'ess
of both Houses of Parliament.

LOCAL GOVERXxMEXT.

38. For each of the Provinces there shall be an Execative
Officer, styled the Lieutenant-Governor, who shall be appointecVby
the Governor-Genei'al in Council, under the Great Seal of the
Federated Provinces, during pleasure : such pleasure not to be
exercised before the expiration of the first live 3'ears, except for
cause : such cause to be communicated in writing to the Lieutenant-
Governor immediately after the exercise of the pleasure as afore-
said, and also by message to both Houses of Parliament, within
the first week ct' the tirst Session afterwards.

39. The Lieutenant-Governor of each Province shall be paid
by the General Government.

40. In undertaking to pay the salaries of the Lieutenant-
Governors, the Conference does not desire to prejudice the claim of
Prince Edward Island upon the Imperial Government for the
amount now paid for the salary of the Lieutenant-Governor
thereof.

41. The Local Government and Legislature of each Province
shall be constructed in such manner as the existing Legislature
of such Province shall provide.

42. The Local Legislatures shall have power to alter or
amend their constitution from time to time.

43. The Local Legislatures shall have power to make Laws
respecting the following subjects : —

1. Direct Taxation and the imposition of Duties on the
Export of Timber, Logs, Masts, Spars, Deals
and Sawn Lumber, and of Coals and other
?»linerals.

Borrowing ]\Ioney on the credit of the Province.

The establishment and tenure of local Offices, and
the appointment and payment of local Officers.

Agriculture.
Immia'ration.

2.
3.

4.
5.

OF DELEGATES FROM THE PROVINCES.

nnce
ture

■r or

tnd
icers.

G. Education; saving the rights and privileges which
the Protestant or Catholic minority in both
Canadas ma}' possess as to their Denoiidnational
Scliools, at the time when the Union goes into
operation.

7. Tlie sale and management of Public Lands,

excepting Lands belonging to the General
Government.

8. Sea coast and Inland Fisheries.

9. The establishment, maintenanci- and management of

Penitentiaries, and of Public and Reformatory
Prisons.

10. The establishment, maintenance and management of
Hospitals, Asylums, Charities and Eleemosynaiy
Institutions.

IL Municipal Institutions.

12. Shop, Saloon, Tavern, Auctioneer and other licenses.

I'l Local Works.

14. The Incorporation of private or local Companies,
except such as relate to matters assigned to the
General Parliament.

lo. Property and civil i-ights, excepting those portions
thereof assigned to the General Parliament.

IG. Inflicting punishment by fine, penalties, imprison-
ment or otherwise for the broach of laws passed
in relation to any subject within their
jurisdiction.

17. The Administration of Justice, includino; the Con-

stitution, maintenance and oi'ganization of the
Courts, l)otli of civil and Criminal Jurisdiction,
and including also the Procedure in Civil
Matters.

18. And generally all matters of a private or local

nature, not assigned to the General Parliament.

1-;

mi-

PROCEEDIXGS IN CONFEREXCE

44. The power of respiting, reprieving and pardoning
Prisoners convicted of crimes, and of connnuting and remitting of
sentences in whole or in part, which belongs of right to tiie Crown,
shall be administered by the Lieutenant-Governor of each Province
in Council, subject to any instructions he may from time to time
receive from the General Government, and subject to any
provisions that may be made in this behalf by the General
Parliament.

^IISCELLANEOUS.

45. In regard to all subjects over which jurisdiction belongs
to both the General and Local Legislatures, the laws of the General
Parliament shall control and supersede those made by the Local
Legislature, and the latter shall be void so far as they are repug-
nant to or inconsistent with the former.

46. Both the English and French languages may be employed
in the General Parliament and in its proceedings, and in the Local
Legislature of Lower Canada, and also in the Federal Courts and
in the Courts of Lower Canada.

47. No lands or property belonging to the General or Local
Government shall be liable to taxation.

48. All Bills for appropriating any part of the Public
Revenue, or for imposing any new Tax or Impost, shall originate
in the House of Commons or House of Assembly, as the case may
be.

49. The House of Commons or House of Assembly shall not
originate or pass any Vote, Resolution, Address or Bill for the
appropriation of any part of the Public Revenue, or of any Tax or
Impost to any purpose, not iirst reconmiended by Message of the
Governor-General, or the Lieutenant-Governor, as the case maybe,
during the Session in which such Vote, Resolution, Address or Bill
is passed.

50. Any Bill of tl" General Parliament may be reserved in
the usual manner for Her Majesty's Assent, and any Bill of the
Local Legislatures may in like manner be reserved for the con-
sideration of the Governor-General.

OF DELEGATES FJIOM THE I'llOVlXCES.

51. Any Bill passed by the General Parliament shall be sub-
ject to disallowance by Her Majesty within two years, as in the
case of Bills passed by the Le^jislatures of the said Provinces
hitherto, and in like manner any Bill passed by a Local Legislature
shall be subject to disallowance by the Governor-Genei-al within
one year after the passing thereof.

52. The Seat of Government of the Federated Provinces
shall be Ottawa, subject to the Royal Prerogative.

53. Subject to any future action of the respective Local Gov-
ernments, the Seat of the Local Government in Upper Canada
shall be Toronto ; of Lower Canada, Quebec ; and the Seats of
the Local Governments in the other Provinces shall be as at present.

PROPERTY AND LL^BILITIES.

54. All Stocks, Cash, Bankers' Balances and Securities for
money belonging to each Province, at the time of the Union, except
as hei'einafter mentioned, shall belong to the General Government.

55. The following Public Works and Property of each Prov-
ince shall belong to the General Government, to wit : —

Canals ;

Public Harbours ;

Light Houses and Piers ;

Steamboat)-' Dredges and Public Vessels ;

River and Lake Improvements ;

Railway and Railway Stocks, Mortgages and other
Debts due by Railway Companies ;

Military Roads ;

Custom Houses, Post Offices and other Public Build-
ings, except such as may be set aside by the
General Government for the use of the Local
Legislatures and Governments;

Property transferred by the Imperial Government
and known as Ordnance Property ;

Armouries, Drill Sheds, Military Clothing and Muni-
tions of War ; and

Lands set apart for Pu^>lic Purposes.

1.
2.

4.
5.
6.

7.
8.

10.

i^fti;

!<' '•-.{

b! ■

fc'; .

'ill

■' 'i

11.

POPE CON.-

I " f ■ m

50 PIIOCEEDINGS IN CONFEREXCE

56. All lands, mines, minerals and ro} ilties vested in Her
Majesty in the Provinces of Upper Canada, Lower Canada, Nova
Scotia, New Brunswick and Prince Edward Island, for the use of
such Provinces, shall belong- to the Local Government of the terri-
tor}'' in which the same are so situate ; suhject to any trusts that
may exist in respect to any of such lands or to any interest of
other persons in respect of the same.

57. All sums due fx'om purchasers or lessees of such lands,
mines or minerals at the time of the Union, shall also belong to
the Local riovernments.

58. All assets connected with such portions of the public debt
of any Province as are assumed by the Local Governments, shall
also belong to those Governments respectively.

59. The several Provincjos shall retain all other Public
Property therein, subject to the right of the General Government
to assume any Lands or Public Property recjuired for Fortifications
or the Defence of the Country.

60. The General Government shall assume all the Debts and
Liabilities of each Province.

61. The Debt of Canada not specially assumed by Upper and

Lower Canada respectively, shall not ex-
ceed at the time of the Union §62,500,000

Nova Scotia shall enter the Union with a

debt not exceeding 8,000,000

And New Brunswick, with a debt not exceed-
ing 7,000,000

62. In case Nova Scctia or New Brunswick do not incur
liabilities bevoixd those for which their Governments are now
bound and which shall make their debts at the date of Union less
than $8,000,000 and $7,000,000 respectively, they shall be entitled
to interest at 5 per cent, on the amount not so incurred, in like
manner as is hereinafter provided for Newfoundland and Prince
Edward Island , the foregoing resolution being in no [respect
intended to limit the poweis given to the respective Governments
of those Provinces by Legislative authority, but only to limit the

shf
RoJ
La\
sani

OK DELEGATES FROM THE PROVINCES.

ds,
to

lebt
,hall

ibUc
nent
,tions

and

iv and
)0,000

)0,000

incur
now
)n less
ititled
In Ulie
'rince
[espect
liineiits
lit the

■maximum amount of charcje to be assumed by tlie General Gov-
ernment. Provided always tlmt the powers so coni erred by the
respective Legislatures shall be e.Kercised within five years from
this date or the same shall then lapse.

63. Newfoundland and Pi'ince Edward Island, not having
incurred Debts equal to those of the other Provinces, shall be
entitled to receive by half-yearly payments in advance from the
General Government the Interest at five per cent, on the ditlerence
between the actual amount of their respective Debts at the time of
the Union, and the average amount of indebtedness per head of
the Population of Canada, Nova Scotia and New Brunswick.

64. In consideration of the transfer to the General Parlia-
ment of the powei's of Taxation, an annual grant in aid of each
Province shall be made, equal to 80 cents per head of the Popula-
tion as established by the Census of 1861, the population of New-
foundland being estimated at 180,000. Such aid shall be in full
settlement of all future demands upon the General Goveinment
for local purposes, and shall be paid half-yearly in advance to each
Province.

65. The position of New Brunswick being such as to entail
large immediate charges upon her local revenues, it is agreed that
for the period of ten years from the time when the Union takes
effect, an additional allowance of $63,000 per annum shall be made
to that Province. But that so long as the liability of that Province
remains under $7,000,000, a deduction e(|ual to the interest on such
deficiency shall be made from the SG3,000.

(iQ. In consideration of the surrender to the General Gov-
ernment by Newfoundland of all its rights in Mines and Minerals,
and of all the ungranted and unoccupied Lands of the Crown, it is
agreed that ihe sum of 8150,000 shall each year be paid to that
Province by semi-annual payments; provided that that Colony
shall retain the right of opening, constructing and controlling
Roads and Bridges through any of the said Lands, subject to any
Laws which the Genex*al Parliament may pass in respect of the
same.

67. All engagements that ma}'', before the Union, be entered
into with the Imperial Government for the Defence of the Country
shall be assumed by the General Government.

PROCEEDINGS IN CONFERENCE

68. The General Oovernment shall secure, without delay, the
completion of the Intercolonial Railway from Rivi6re-du-Loup
through New Brunswick to Truro, in Nova Scotia.

6S, The communications with the North-Western Territorv,
and the improvements recjuired for the development of the Trade
of the Great West with the Seaboard, are regarded by this Con-
ference as subjects of the highest importance to the Federated
Provinces, and shall be prosecuted at the earliest possible period
that the state of the Finances will permit.

70. The Sanction of the Imperial and Local Parliaments shall
be sought for the Union of the Provinces, on the principles adopted
by the Conference.

71. That Her Majesty the Queen be solicited to determine
the rank and name of the Federated Provinces.

72. The proceedings of the Conference shall be authenticated
by the signatures of the Delegates, and submitted by each Delega-
tion to its own Government, and the Chairman is authorized to
submit a copy to the Governor-General for transmission to the
Secretary of State for the Colonies.

•■X?J

OF DELEGATES FllOM THE I'KOVINCES.

DISCUSSIONS IN CONFERENCE

BRITISH NORTH AMERICA

i i

' V

OK THK

DELEGATES FROM THE PROVINCES

•'■•'1 :1

OCTOBER, 18()1.

. ■: I;

Conference Chamber, Parliament House, Quebec,

October 11th, 1864.

The discussion was resumed on Mr. Palmer's motion of yester-
day :—

That in taking the votes on aU questions to be dficided by this Conference, except
questions of order, each Province or Colony, by whatever number of delegates repre-
sented, shall have one vote, and that in voting Canada shall be considered as two
Provinces.

Mr. John A. Macdonald proposed that Upper and Lower
Canada should be considered as two Provinces for voting purposes.

Mr. Palmer concurred.

Mr. Haviland suggested that it should be in writing. (It is
understood that any (juestion of order is to be settled by the poll
of each).

M7'. Fisher — In the event of differences arising between the
delegates of any one Province, some public notice should be taken
of it.

Mr. Coles — I think that unnecessary, as occurring in a confi-
dential conference.

Mr. Palmer's motion unanimously agreed tu.

: W

* i

■ !

DISCUSSIOXS IN CONFERENCE

Mr. John A. Macdoimld moved, seconded by Mr. Tilley, the
adoption of the followinjy; rules regulatinjj tlie proceedings of the
Conference : —

1. That free and individual disciisHion and sugffostion be allowed.

2. That all motions and the diHciissions and votes thereon be in the firHt place .is if
in Committee of the Whole.

3. That after vote put, no diHcuHsion be allowed.

4. That each Province may retire for consultation after vote put.

5. Tli.at after the scheme is settled in Committee of tiie Whole, all the resolutions
be reconsidered as if with Speaker in the chair.

(.1. Tiiat just before the breaking up of the Conference, the Minutes be carefully
gone over and settled, with the view of determining what is to be submitted to the Im-
perial and Provincial Governments, and what is to be published for general information.

^fr. Chandler — I beg to suggest that in cases wliere the dele-
gates of one Province disagree, the names of the dissentients should
be inserted in the Minutes, and also whether the vote was unanim-
ous or not.

Mr. John A. Macdonald — I am willing provisionally to adopt
the suggestion of Mr. Chandler, but I think the whole (juestion
should be carefully reconsidered at the eventual revise of the
minutes.

• Resolutions unanimously agreed to.

The discussion was resumed upon the motion of Mr. John A..
Macdonald : —

That the best interests and present and future prosperity of British Nortli America
will be proiiKjted by a Federal Union under the Crown of Great Britain, provided such
union can be effected on principles just to the several Provinces.

The opening remarks of Mr. Macdonald in speaking to this
resolution do not seem to have been recorded. Proceeding, he
said : —

The various States of the adjoining Republic had always acted
as separate sovereignties. The New England States, New York
State and the Southern States had no sympathies in common.
They were thirteen individual sovereignties, (juite distinct the one
from the other. The primary error at the formation of their con-
stitution was that each state reserved to itself all sovereign rights,
save the small portion delegated. We must reverse this process by
strengthening the General Government and conferring on the

or DELEGATES FROM THE IMIOVINCES.

A..

this
•. he

Provincial bodies only such pf)\vers as may bo required for local
purposes. All .sectional prejudice.s and intei'osts can bo le^i.slatcd
for by local lei^islatures. Thus we shall have a stroufj and lastinjjf
{government under which we can work out constitutional lil)erty
as opposed to democracy, and be able to protect the minority by
havin<^ a powerful central ;^overnment. Cireat caution, however,
is necessary. The people of every section must fool that they are
protected, and by no overstraining; of central authority should such
{guarantees be overridden. Our constitution nuist be based on an
Act of the Imperial Parliament, and any (luostion as to overridin<j
sectional matters determined by " Is it leqal or not f The judicial
tribunals of (ireat Britain would settle any such difficulties should
they occur.

Is this the time for union ? Now is the time, or we may
abandon the idea in despair. Canada has not (sic) adopted union
as a solution of her political difficulties ; but, failing any general
union, she cannot remain as at present, and it we come to no de-
cision here, we Canadians must address ourselves to the alternative
and reconstruct our Government. Once driven to that, it will be
too late for a general federation. We cannot, having brought our
people to accept a Canadian federation, propose to them the ([ues-
tion of a larger union. It is stated that in England federation
will be considered as showing a desire for independence. I believe
the people of England are strongly bent on keeping up her posi-
tion as a mighty empire, which can only be done b}^ helping her
Colonies, Goldwin Smith, the Manchester school and the TiiiWH — the
property of Robert Lowe, a recreant colonist — to the contrary
notwitlutanding. The colonial cjuestion has never been fairly re-
presented to the people of England. The English newspapers
were alive to the designs of Russia on Australia, a favoured colony
of Eng^.nd, for which the Manchester school would fight. The
British North American colonies are not so profitable as Australia
from a money point of view; but, if organized as a confederacy,
our increased importance woidd soon become manifest. Our pre-
sent isolated and defenceless prjsition is, no doubt, a source of em-
barrassment to England. If it were not for the weakness of
Canada, Great Britain might have joined France in acknowledging
the Southern Confederacy. We must, therefore, become important,
not only to England, but in the eyes of foreign states, and espe-

I !

ll[

'!\l

5(j

DISCL'SSIOXS IN (.'ON'nillKNCE

cially of tho United States, who have found it inipossihlo to
conquer Four millions of Southern whites. Our united popuhvtion
wouhl reach that luiniber. For the sake; of sccurinpf peace to our-
aelves and our posterity we nnist make ourselves; powerful. Our
population is increasing in f,'eometrical proij^ression. '^Phe burdens
of the United States and the re-action after the war will direct the
emit^rating population of Great Britain to British Anierica and
from the United States to a freer country — free from taxation and
less likely to he convulsed by war. There must l)e a new state of
thincfs in the United States before matters settle into their normal
condition.

A (piestion or objection soi^etimes rai.sed to the propo.sed
union is that of increased expense. This, I think, will be com-
paratively small, in fact scarcely appreciable. Take the expenses
of the Governments as they exist to-day, live in nundier. You will
find that they aggregate a very considerable amount. With one
general Government the expense would be very much less. After
the first two or three sessions the General Legislature, unembar-
rassed by local matters, will take very much less time. The ex-
pen.ses of the subordinate legislatures will be small. Each
local government will be relieved of its provincial debts. I hope
one of the first things under the new system will be the issue of a
conniiission to en(]uire into the laws. We should have one statu-
tory law throughout, except in Lower Canada, where the civil law
prevails. The great security for peace is to convince the world of
our strength by being iniited.

To Nova Scotia and New Brunswick Canada holds out the
Intercolonial road intinia,tely bound up with the (juestion of
uniim. As Mr. Tilley says, it is " absolutely necessary." When
the Intercolonial road was first proposed it was considei'ed as a
great commercial work. ^Ve had then no Grand Trunk Railway,
at least but very slight communication with the seaboard. So
long as there is no war Canada can couununicate (with the Lower
Provinces) through the States. Coihmercially the value of the
Lower Provinces has deci'eased to Canada, but in military respects
they are very e-ssential. The Intercolonial road must be a political
conseijuence of a political union. If it were thought by the Cana-
dian Parliament that this union should not take place, it would be

OF DEI-KOATES VIWM THE I'HoVIN'CES.

<Ufficult to iiuluce that body to sup[iort the plan of an Intercolonial
road. I think it .shonhi be in any event, and would siippurt «n<l
vote for it ; hut it would he u niattei' of uroat ditlicultv to carry.

It i.s iniposHihle to have a Zollverein, We must continue to
liave hostile tarittis unless we have a political union.

A ;^reot evil in the United States is that the President is a
despot for four yeai's. Ife is never considered as hein<; the father
of his people. It was otherwise with Washin^rton, wIkj did not
escape slander. Every President is the leader of a ))arty, and
obliged to consider himself as bound to protect the ri}.,dits of a
majority. Under the British Constitution, with the people ha^'in^;
always the power in their own hands and with the responsibility
of a Mniistiy to Parliament, we are free from such despotism.
These weaknesses in the United States Constitution have not only
attracted our attention, but also that of Confederate States, who
endeavour to a\oid them by liaving lengthened terms for their
President. With them great (|uestions are not settled in commit-
tees as in the United States, but they allow JMinisters to appear on
the floor of the House to defend their measures. They have cut
the wings of the President as leader of a party by providing that
no Government employee shall be dismissed witho^it cause — that is,
that the right shall not be capriciously exercised.

As regards the constitution of our Lefjislatni-e. In order to
have no local jealousies and all things conciliatory, there should be
a different system in the two chaml)ers. With the Queen as our
Sovei-eign, we should have an Uppei* and a Lower House. In the
form<'' thf principle of e(iuality should obtain. In the Lower House
' la basis of representation should be population, not by universal
-utirage, b'lt according to the principles of the British Constitution.
In the \\ (ler House there should be equality in numbers. The
population of Upper Canada is 1,400,000 ; Lower Canada, 1,200,000 ;
L wer Provinces, 750,000. The rate of increase of population in
Canada must be ijrea i in future than in the Maritime Pi-ovinces.
We considered at Charlottetown that Copper Canada should have
twenty members, Lower Canada twenty, and the Maritime Pro-
vinces twenty. If not politically' united they should still have the
same aggregate repr^ ontation.

, I

=,' «

H ■n

l!.i

DISCUSSIONS IN CONFERENCE

With respect to t.ie mode of appointments to the Upper
House, some of us are in fav^our oi the elective principle. More
are in favour of appointment hy the Crown. I will keep my own
mind open on that point as if it were a new (juestion to me alto-
gether. At present I am in favour of appointment by the Crown.
While 1 do not admit that the elective principle has been a failure
in Canada, I think we had better return to the original principle
and in the words of Governor Simcoe endeavour to make ours " an
image and transcript of the British Constitution."

We have to consider what is desirable ; and then what is
practicable. We cannot ask each Legislature to relinquish its
Upper House. It would be hazardous to the project of union.
My proposition to Canada is this. In our Legislative Council
there are seventy-two members. In the event of its being decided
that in the new body Upper Canada shall be represented by twenty
members and Lower Canada by twenty members, let the members
in each section meet and ballot or elect, as representati\ e peers in
Scotland (the latter is perhaps the better plan), the councillors to
the new body, who should at once receive their appointment under
the Great Seal, for life ; those not elected, to be a portion of the
Local Legislature. The latter Avould have their own social position
and be active members of the bod}'^ politic. A large qualification
should be necessary for membership of the Upper House, in order
to represent the jirinciple of property. The rights of the minority
must be protected, and the rich are always fewer in jiumber than
the pool'.

Each Province shall adjust its own constituencies. We should
not embarrass ourselves with the qualification of the voter. Each
Provin .'e should send its representatives on the present system of
each, and the (juestion of the qualiiication should be reserved for
the consideration of the whole Government united.

Mr. Broum — What as to raising the suffrage ?

Mr. John A. Macdonald — The system I propose is that which
was in the Union Act of Upper and Lower Canada. The pre-
liminary (juestion for us to consider, is what powers sliould be
reserved to the General Legislature and what given to the Local
Legislatures. That must be considered before we enter upon the

OF DELEGATES FROM THE PROVINCES.

subject of the constitution. We should keep before us the principles
of the British Constitution. It (our constitution) should be a mere
skeleton and framework that would not bind us down. We have
now all the elasticity which has kept England together.

Motion unanimously agreed to.

ich

the

AFTERNOON SESSION.

Sir Etienne Tache stated that he was unavoidably obliged to
leave the chair to meet His Excellency the Governor-(i!eneral, and
he requested Colonel Gray, of Prince Edward Island, to take the
chair during his absence, which the latter accordingly did.

Mr. Dickey — What authority from the Home Government have
we to consider thi3 subject ^

Mr. John A. ]\Iacdona]d (juoted despatch from the Duke of
Newcastle to the Earl of Mulgrave, Lieutenant-Governor of Nova
.Scotia, dated (Jth July, 18G2.*

Mr. Brown moved, seconded by Mr. Archibald : —

That in the Federation of tlie liritish Nortl. American Provinces, the system of
government best adapted imder existing circumstances to protect the diversified intereiits
of the several Provinces a'.id secure efficiency, harmory and permanency in the \\( rkintj
of tlio Union, v/ouldbea General Government, cliarged with matters of common interest
to the whole country; and Local Governments for each of the Canadas and for the Mari-
time Provinces, charged witi^ the control of local matters in their respeclive sections ;
provision being made for the admission into the Union on equitable terms of the North-
West Territory, British Columbia and Vancouver.

Mr. Fisher — I should have preferred a legislative union if it
were feasible.

Mr. Brown —It must be a federal and not a legislative 'uiion.
That is the main object of my motion, togethe;. witli the inclusion
of the North- West Provinces. The latter opens up a wide (pies-
tion. The population of the Red River Settlement is now 12,000
aur we must look forward to the day of settlement and occupation
of that country. The inclusion of British Columbia and Vancou-
ver Island is rather an extreme proposition, but it would be
wrong to exclude them in the formation of the scheme. The
Americans are encroacliing. A large portion of the land at
Saskatchewan might be formed into a Crown Colony or be in the

* See Aiijiendix V.

m (1

! 1 1

f ,

■ 1 ■

i I

\ ;

I I
I ■

S i,

DISCUSSIONS IN CONFERENCE

Union. The people of Upper Canada in going into the Union
would feel strongly that that country should be secure to us. To
make communication less difficult there should be a winter route.

Mr. Fisher — I think we should lay this matter before each
Legislature, but not press it next session.

Mr. McGidly — Is it necessary that this (juestion should be
submitted to the people ? In New Brunswick (?) men of large
minds approve of it and think it should be proceeded with at once.
But there is another class between theiu and the mass of the people
who hesitate and halt and doubt the propriety of taking a step
like this. More intelligent people, like delegates, should take the
matter into their own hands and not wait to educate their people
up to it.

Adjourned at four o'clock p.m.

WEDNESDAY, 12TH OCTOBER, 18(14.

The discussion on Mr. Brown's motion of yesterday was re-
sumed.

Mr. Palmer — I do not oppose the motion generally. But our
discussion is in advance of the propositions contained therein. I
call attention to the acquisition of the North-West. Our powers
as delegates are strictly defined, and we should confine our delibe-
rations to our own Provinces. Is it right or politic to embrace a
consideration of the Hudson's Bay Territories, including Mr.
Brown's reference to the American views as to acquiring posses-
sion of it. Should we introduce any allusion to it ?

Mr. Carter — I should have heartily concurred in the vote of
yesterday had I been here, and regret my absence. As regards
the motion before the chair, I like the grandeur and magnitude of
the scheme. But I do not see that anyone is justified in speaking
of taking in the Hudson's Bay Territories.

Mr. Wlielan — I was absent yesterday, but do not desire to
withhold my adhesion from the great and glorious principle in-
volved ill the motion of yesterday. I do not fear a Huiall colony
like Prince Edward Island being involved. We are forming a

OF DELE'.;.ATES FROM THE PKOVIXCES.

constitution for a ccunt)-}, Urger than Europe in extent. There is
an apprehension altroad in the Lower Provinces that Canada de-
sires to swamp and extinjr'ush their provincial character. Such
ought not to be objected to. It is desirable that our mere provin-
cial character should be lost and that we should form one great
country.

Mr. Brown's motion carried unanimously.

The Honourable Mr. Shea rose and suijgested that it would
tend to the despatch of business befoi-e the Conference if the
several resolutions intended to be moved were prepared in advance
by a committee composed of the delegates of Canada.

Mr. Shea's suggestion was agreed to, and the Conference ac-
cordingly adjourned for such purpose.

WEDNESDAY, 1!»TH ()( TOHEK, IStU.

The Conference resumed consideration of the motion of the
Hon. Mr. Tupper respecting the selection of members of the Legis-
lative Council, and of t^ e motion of the Hon. Mr. Coles in amend-
ment theieto. (See pp. 15, 1(5.)

Mr. Fisher — Canada should not prescribe the mode of selec-
tion, but leave the matter to the Local Legislatures.

Mr. Tapper — This would be imposing an ii-ritating subject
on the Local Legislatures. The Legislar ^ss will say this must
be settled before the question of Confederation.

Mr. Chandler concurred.

^fr. McCitllif — One of the arguments that will be most u.se-
ful to commend this project of Confederation to the people of the
Lower Provinces is that it will not involve additional expendi-
tme but decrease the expenses of the Local Governments. I
agree with Mr. Tupper. "

Mr. Coles — I differ from him. We should not dictate the
course to be taken. Leave it open to all duly qualified persons
in the Province. Excepting Prince Edward Island will not sat-
isfy me ; it will place us in difficulty.

DISCUSSIONS IX COXFEUKN'CK

jV/'. Heirry — If wo are limited to clioosc from tlio pre.sent
Loj;islative Councils in the Lower Provinces, we are violating
sound itrin(i])les. It will follow that we cannot have fresh men
for ten or twelve years. Each Gov6?'nment should choose its
own men in its own wav. We should not limit ourselves.

Mr. Tuppci' — Nova Scotia ^\'i]l be abundantly satisfied by
choosing ten Legislative Councillors out of the present men. We
can select rejjresi'ntative lawyers, merchants, and professors of
different creeds out of them. But this should be confined to lirst
selection.

^Ir. Coles' amendment defeated. Prince Edward Island alone
voting for it.

Mr. Tapper's amendment carried, Prince Edward Island vot-
ing against it.

Mr. (lalt moved : —

That in the first instance the members to be cliosen fur the Legislative Council of
the United Provinces, excepting I'rince Edward Island, snail be chosen by lot from the
existing members of the Legislative Councils of the several Maritime Provinces, and of
those sitting in Canada, from Upper and Lower Canada respectively.

And that as vacancies occur in the representation from any Province, they shall be
filled by the persons whose names shall have bten drawn next in priority to those first
selected until the whole number shall be exhausted.

Mr. Fis/icr—l objecfc to tiie motion. I feel we have been over-
ridden by Canada in this. It overrides the Assembly and makes
the Legislative Council the greatest power. Why tie down other
Provinces, if Prince Edward Island is excepted ? Canada should
give the Local Legislatures the power to choose. As it is, it will
add greatly to the ditHculties of New Brunswick. It makes the
Legislative Councils the controlling power.

Mr. Tapper — I I'ise to a (juestion of oi-der. No discussion
is .allowed after the vote is taken. The point alluded to has. al-
ready been decided.

(From \\liat fcdlows it appears that Mr. Brown here made
some remarks adverse to the motion of Mi'. (Jalt, which have not
betni recorded).

Afr. Tap/x'r — I agree with Mr. Brown that the Legislative
Council should be chosen from all parties. This motion will pre-
vent that.

The Canadian delegates retired. On returning.

Mr.
dele
that
tion
the}
Gait
Brov

t)F DELEGATES FROM THE I'KOVINCES.

noil
al-

not

itive
ipre-

Mr. Gall — I have docideil to drop the hist paragniph of my
motion us I'ollows : —

And that iis vacanciyn uceur in tlus rcpri'si-ntation from any Provincf, tlicv shall he
filled hy the ])er.s()!is whose names .shall have hueti drawn !>ext in in-iority to those first
selected until the whole nvnnber sliall be exhausted .

My motion will therefore read : —

That in the first instance the nienihcrs to l)e eho-'en fur the Legislative Council of
the United Provinces, exceptinj? Prinee Edward Island, sliall hi- chosen by lot from the
exisiting members of tlie Legislative (Jouneils of the siveriil Maritime Provinces, and of
those sitting in Canada, from I'pper and Lower Canada respectively.

-Mr. (Jalt's motion lost. Coiitcnls — Ciuuida. two. Xt)ii-
(•ontcnls — Xova Scotia, New IJnuiswicU, Xcwfoundhuul, thiec.
Prince P]dward Island did not vote.

The Hon, Mr. Shea moved : —

That such first selection shall be made by the Local (iovernuiiiit of each Province so
far as a .sufficient number be found as afore.said, and in case .such sufficient number cannot
be found, then the Local (lovernment shall name for appointment other duly tpialified
parties to make up the deficiency. Providi'd that tlie (Joverniuent of Canarla shall select
for botli sections of Canada, and that the frcnernment of Prince Kdward Island siiall
name for appointment the wholes number of the Legislative Councillors allotted to it.

Jfr. Brown — Althoun'h appro\'e<l by the Canadian dolegates
by a majority vote, I thinlc the motion very objectionable. It
was carried by nine to three, bnt 1 cannot ajiree to it.*

Mr. McCallji — If a qurstion of delicacy in a coalition ^ovei-n-
mont. how much more so must it be in the case of tlovernments
not formed on the coalition principle. Some moditication of the
principle stated in the motion is necessary. Due repird shouhl
Im' had to the claims of the Oi)position so that ]>olitical parties
may be equally represented in tlie Legislative Council.

Mr. Tapper — Canada has a combination of ])artieH. But in
the Lower Provinces it is otherwise, and both parties are entitled
to be fairly represented. If Xova Scotia is called on to appoint
ten members it shall be done by fair representation of all parties,
but that should be the result of conference, thoujih not necessary
to publish the fact.

* There is ai)parently some confusion in the notes at this place. The.se remarks of
Mr. Brown may refer to Mr. Gait's motirni, for the consideration of which the Canadian
delegates withdrew. At the same time it is evident from his subsequent remarks,
that ho strongly opposed Mr. Sliea's motiori. Wiiat adds to the difficulty of interpreta-
tion of the record of this part of the debate is the fact that the motion of Mr. Shea is in
the handwriting of Mr. John A. Miicdojiald, and may tlierefore, equally with that of Mr.
Gait, represent the views of the majority of the Canadian delegates against which Mr.
Brown protested.

.:(

i ■(■

IHScrssloNS IN CoNrKHKNCK

('((/. (iriiji (New IJniiiswick) - A cdiwsc I,o suit Dur (Jov-
n-inncnt will iiol suit iiiiollicr. \,v\ ('iiniidii ciirry Ikt nwn phiii
jis she plciiscs, iiiul li'l ciicli (if llic ollici' I'ruviiKM'S do llif siiiiic.
Aflcr I lie lirsl l>;iltli is over we fiill into (lie rule pi<'S( rihcd by
(1h> F('(i('r;ii coiisliliilion. I would Icjivc Ilic lii'sl ni'IccIiods lo
llic liOCiil (iovcrmnciils. i( would be lo (licii- inlcrosls lo f^ol jj:oo<1
iiicii. l-o<;il iiMrlisiiiisliip will not come up iu (he Lcfiisbilivc
rouncil of (he I'^cdcral (lovcniuicul, iiud, llicrct'orc, llic bosl uicii
will bo cliosou. No bi-oiid |uiucipl<' ciiu be biid <lowu lluil Im
suiliiblc lo ;ill. I would propose Uiiil inodo of lirsf rlioici* shall
be scKlcd, jiud |»r(Mcril((l by IIk' Kocal liC^islaluros. Tlio iu-
hM't'sIs of boili si<los will bo '•"j;ard('d. 'riic ('aua<lian « 'tvorn-
lUi'Ul ran I'lius can-y (licii ow •: plai I'lronuh (licir Lcj^islaf we.

'Pile niolion of (lie lion. Ml*. Slica was by leave o." IIm'
Conference w illidrawn.

Mr. Airliibald moved : —

Tluit in tilt' si'lcction df nu'inlirrs of tlic iirst l'\'(loriil FjCKiNliVtivc Ooiiiutil, i-acli
FiMviiioi' slinll b(> (jrovcrncd liy siii'li ruU's now to be a(,'ivt'(l upon as aro eonsidorcil by the
Confi I'cnL'i' nio.><t .suitable to tlie (.•iri'unistani'cs of tlii' partiouliir I'roviui'i-s.

Ml'. Mi'CkU)/ — 'Hiis is tlio sanio as luy anicndnicnt of last
nijrht. The (\)nference exhibits evidence that on fundamental
princii)les the I'voviuces are not |>reitared for Federation. My
arjiuinent is that, if yon leave the selection to the Local lje<.«isla-
tures. it will jM'ove a bone of contention and jeopardi/.e the Fed-
eratiou. The Lejiislatures are under no I'estraint as to the com-
position of the Lejiislative (\)un(il. Tlie I'^xecutive would not bo
so. 1 beji to move in amendment to the motion of Mr. Archi-
bald :—

That the Lo^fislativt' roiuieil shall in tlu> tlrst instance hv chosen in Canada by ballot,
and in ttie other I'rorinces, by tho Executive (iovennnents.

Mr. Brown — I appealed to the other Provinces to aid my
views because Canada has decided by a majority, but contrary
to the views of my party. We say we could not leave to the
Executive the choice of Lejjislative Coimeillors. A conflict
m'fiht arise in the Cabinet bi . )re the choice was made, and a
party administration mi}j;ht be f .>r;ued.

Mr. Joint A. Macdonald — But that exists in Nova Scotia and
New Brunswick at this time.

Mr. Brown — But the plan could not be carried in Canada.

<)l'' I >K LEO ATMS l''K«)M Till; IMIOV INCIX

(ir,

Mr.Jo/ni A. ,]fti(ul<ni<ihl —Arnuv^cuxoutH oaii Im- hukIc; hm to
ooDHultiitioii bclwi'cn piirtics in ciisiMjf a party tiovcrniiH'nI. Hut
we sluMihl iiol liJivc a (lill'crcnl h.vmIciii in llic (lilTciTiit Provinces.
It it4 of }^reat iniporlancc (lial all hIio\iI(1 follow (lie Haiii(> tiiodc

Mr. Tiij>/>rr — An cHHcntiiil point is tluit the lOxccutivo (lov-
i'rnincntH Hlioiihl appoint tlio IiihI Iit'i,'isla(ivo r'onncil.

Till' niolioii of !\1r. Ai'(liil)al<l and aiiKMidniiMil of llir Hon. Mr.
McCully wtTc wiliulrawn.

Mr. MriUillij — Hel'oro tlni Fj(';^n.sl!iti\f! (/uuiiitil ciin Ix; formed
llioro ninsl be an Exccniivo. I am contcnl to lake lliat lIic <}ov-
oi-nnicnt of each Vrovincu* nliall appoint snhjcci to I ho a[)i»roval
of the Kx(MM!tiv(» Conncil of the whole F<'(leral (lovei-nnient. \
aecordinjj;Iy move : —

Tljat the inernhnrs of tint first I.CK'i-'lii.tivc CDUiieil in (lie l''c(lcriil LfKiHlaturt' hlmll
1)0 .i|)|M)iiitc(l l)y tlic Crown at the RMMiinini'iidntion of tlic I''<m1it.'i1 I'lxi'C'iitivf- ( iovcrniiicnt
upon tliti nomination of tlxi rcsiM^ctivo Local (Jovdi'tnnt'iitti. And that in kiicIi nominft-
tion dim rogaril \w had to the claims of tiio inoinhcr.s of tlid Leffislativo t'ouiicil of th(^
Oppn.sition in oach Province, ho uk that all political i>aiti('H lie as nearly as po^sililc fairly
rcprcsfntiid.

Ml'. Tti[)pn' — I low (lo^'on constfuct tlu; I'lxecutivo before the
Le^ishitive Council ?

Mr. John A. Mardovald — An l']xocuf,iv(> (youncil lor the ImmI-
cral (Jovornnient must be the firHt thin^'. It will b<! in its nature
provisional. After the elections the party not havinj^ su[)port
must ^'o out. , , I , 1 i.ijfti

Mr. T'dley — I think this is au additional j^uarantce to the
minority that party shall be rej)resented. Anythiiif; to the con-
trary would be a direct breach of the will of the (Jonference,

Mr. doles — How is the minority to know (^i" the proposed
appointments ?

Mr. John A. Macdonald — The Federal Oovernment will be
bound to see that the parties are a])i)ointed under this under-
standinj; before their appointments are ratified.

Mr. Brinvn — I think Air. McCully 's proposal is an auielionition
of the evil under which we should lal)our if Mr. Shea's motion had
carried. IJut I think it still objectionable. I press on the Con-
ference that each Province should be allowed to take its own
mode of selection.

I'oi'K coy.-- ij

Pi.

■Hi
\\\

lis

ill

il'

(JO DISCUSSIONS IX COXFEUEXCE

Mr. Airliih(if<J — It is dosirablo to liavt* one phui for the
wliolc. The M;ii'i1iiiio I'rovinces will probably adopt the same
system, and Canada should agree to one.

Mr. Fifihcr — Canada has ff>ix'e<l us into a false position by
requiring the choice to be made from the existing Legislative
Councillors.

Mr. JoJin A. MacJonald — I must deny on the part of Canada
any attempt to coerce otlier Governments. The other Provinces
took the same view.

Mr. McDoiujall — I disagree witli the shape which the question
is in before the Conference. Two questions were submitted to
Canada. Mr. Brown asks the other Provinces to assist the min-
ority of the Canadian delegation. Tlmt I think wrong. The
proper course for the minority of the Canadian Government
will be to discuss the matter afterwards among themselves and
endeavour to change their colleagues' opinions.

Mr. JJroivn — It was inulerstood that we should vote by Pro-
vinces, but it was also understood that every individual member
should speak against the decision of his own Province.

Mr. McDoufjall — Is it the meaning of the resolution that
the Federal Government can displace any member of the Legis-
lative Council appointed in breach of agreement ?

Mr. John A. Macdoaald — It is the understanding that the
Federal Government shall be a Court of Equity to see that the
understanding of fairness as to party is carried out.

Mr. McCully's motion was unanimously agreed to.

Mr. Brown moved a resolution detining the representation in
the House of Commons. (See pp. 19, 41).

Mr. Gait — In reference to Mr. Brown's motion, I propose 225
members instead of 200. If we divide 225, according to popula-
tion, I calculate it would give : —

Upper Canada 99

Lower Canada 74

Nova Scotia 21

New Brunswick 17

Newfoundland 8

Prince Edward Island ... (5

225

he
ae

lewbev
)n t\\at

^lat the
iliat tbe

Itaticn lu

OF i)i;i,K(;ati:s fhom thk imiovinces. 67

We should coniiiK'iu'o willi the census of 1801, and readjust
aft«'r each subseciuenl census. We have supposed that the popu-
httlon of Lower Canada, beiny tolerably equable in its character,
would atl'ord the best basis. But having respect to the rapid
increase of Upper Canada, we think the Lower Provinces should
not be reduced if they do not increase in tlie same ratio. There-
fore, the Lower I'rovinces would have the same as they have now
unless in the very improbable case of any one falling off by tive
per cent, or more — that is a d<'crease relatively to the whole
Federation.

Jfr. Jirown — Wv thouoht it bost n(;t to take the census of
ISGl, but the proportionate increase in five years thence and
change in 1881, but this may not be intelligible. It may be bet-
ter to talve the census of 18<;i. In that case the figures in the
motion will be as follows : —

Upper Canada 82

Lower Canada O.")

Nova Scotia 1!>

New Brunswick 13

Newfoundland 7

Prince Edward Island. . '»

193

}fr. 'Tapper — That is better, us the public in the otlier case
have no data.

2[i\ Ih'oiiya — In the apportionment, it' a fractional part, we
don't allow it ; if over one-half, W(; allovv' one.

Mr. Johvson — Rut if yon ha\e <(nadrennial Parliaments, you
may by increase of population have to increase your members
in the Assembly at an improper time.

Mr. TuU'U — And to alter youi- electoral divisions.

Mr. Brown — After the census of 1871, we shall adopt the
same rule. The practical result will be that while Lower Ca-
nada certainly will not be less and the Lower Provinces may in-
crease in population, they cannot decrease in the number of re-
presentatives. It keeps the House within a reasonable limit. It
is now to start with one in 17,000. It will afterwards vary.
There is just one difficulty. Messrs. Gait and Cartier think the
number too small. Thev think the House should number 216.

rii

111

I'!

^li

M
S 1-

■irti

DISCUSSION'S IX COXFEIIEXCE

In that event, Mr. (Jalt pi'ojKtHcH that Lower Canada shall get
7)5, and the rest in proportion, so as to j?et, on the basis of the
census of 18G1, 210 in the House.

Mr. Coles — 1871 is too soon to altei-. It should he in 1881.

Mr. Gult — Upper Canada will not consent to that, and it nuist
be so definitely understood.

Mr. T'dleji — We have fourteen counties, some with four re-
presentatives, others with two, and the City of 8t. John, two.
Twenty-one, the nuuiber stated in the printed motion, would bet-
ter answer us. I aj^ree with Mr. lirown's proj)osition to bejfiu
with a goodly number, that it may not be disturbed for some time
to come.

Mr. McCidhi — I advocate the adoption of the measure as it
stands. I do not think we should nudce any local distribution of
members.

Ml'. Archibald — By accident the proposed arrangement will
suit both Nova Scotia and New Brunswick. One member for
each county, and one for each metropolis, will give the exact num-
ber provided in Mr. Brown's scale of 193.

The several Provinces announced their consent and approval
of the scheme of 193 members bast'd on the census of 1801 , as
precisely suitini^- the mode in which each could adapt the elec-
toral divisions at present existing to such a state of things.

Mr. Shea, however, argued that inasmuch as the Newfound-
land census was taken in 1857, an allowance for the jjeriod inter-
vening between that date and 1801 would entitle Newfoundland
to another representative. It was conceded by all the Provinces
that Newfoundland should have another representative, thus
i-aising its number to eight, and the wlude number to 194,

Mr. Brown's motion carried, Prince Edward Island alone
voting" naJ^

Mr. Havdand — Prince Edward Island would rather be out
of the Confederation than consent to this motion. We should
have no status. Only live members out of 194 would give the
Island no position.

Mr. Tdley — That is rather a singular ground of objection,
for they have objected to the basis of representation by popula-
tion. Now it was fullv understood at Charlottetown that those

OK DKI.KfiATKS FltOM TllK I'ltOVINCKS.

111(1-
kiter-
Ihiud
liioes
Itluift

ilone

out

lonld

the

Iction,
la-
tbose

wh<» ciinu' 1(> tho ('(Hiftt'onc*' oxpiM'Icd rcpi'cscntation by popu-
lation. Sonic (litHculty inij^ht havi' niiHen on those points but
not on this.

Mr. Palmer — I am not inimical to tht* omml scheme of Con-
fo'.leration. I believe it will bo pnxluctivo of ^reat benetitis. But
I take exception to the principle :uh»pted by ihis resolution. Re
presentation by |»opulution is not ap[>licable \vli"n a certain iiuni
ber of Provinces are throwing tlu'ir resources inio one ('onfedera-
tion, and j?iviu}; up their own self-iiovernmenr and individualiry.
When a colony surrenders that ri}^ht, she should liave soniethiaj;
commensurate in the Confederation. The debt of Prince Edward
Island is nothinj;. Our taxation is vastly Ixdow that of the
other Provin«'es. Our trade and revenue ai'e rapidly increasinf;.
Why yive up so nreat certainties for an uncertain benefit where
Wi' have only a feeble voice ? Lookinj;' first at the larj^er Pro-
vinces, Canada has secured to lierself a greater number of repre-
sentatives than she had before. It may be said that we may join
with the other Maritime I'rovinces in any matters affecting onr
common interests, but even then our united strength would still
be far below Canada's number of representatives. Not even two
or three more members would induce me to give my assent to
the scheme. 1 never understood that any proposition at Char
lottetown was to be binding as to representation by pojiulatiou.
It was there made by those from Canada and I did not think it
necessary to remark on it, as it was a mere suggestion then
thrown out by Canada for consideration.

Mr. Shea — The speech just made should have been delivered
before we came to this Conference. What has brought us here ?
What brought about the Conference except the ditticulties in Ca-
nada over the question of repi'esentation by jiopulation ? W
came here from Newfoundland with that understanding. Cana-
da could not give way in such a matter. Prince Edward Island
is in a better position than Newfoundland as regards the Legis-
lative Council, as they ha\e an equal number of representatives
therein.

Mr. Coles — Newfoundland is the cause of our o-ettinj; a less
representation in the Legislative Council than we should othei--
wisc have had. I understood that this matter was to be settled
oil the basis of representation by population. I stated lately
that I thought our Prince Edward Island Government should not

DISCUSSIONS IN (:<>Nl''i:HKNCt;

'>m

have Bcnt us Ikt*' nnh'ss to cany (tut Ihcsc views stated by the
<'aiia<lian (lovciniin'iit. Tlic Atlornev-Cicncral of Priiict' Kdward
Island (.Mr. rainier) no^v states that (he <iovei*nnient cannoi a*-
ctdo to it. r think thai we came lieie pi-epared for I't'itiesentalion
l>,v poiMilalion, and I .••e};fi'et that Ihe Attorn* ; (Jeneral of I'rinco
Edward Island had not previously staled that he t-onld nol ac-
cede to the itrinciple and withdrawn from the Conference.

Island (lovevnment

I am not a member ol' the I'rinco Edward
J ("xpress only my individual opinion.

Mr. Coles — Then the (i()\('iiimeiit should have instructi-'d
tlieir delei^ates properly.

Colonel (xi'dy (Prince Edwiinl Island) — My collvai-ues .-iikI
myself feel in a humiliatin}; j)osition. We feel that a slur lias
been cast by Mr. Coles on the Government whicli I have the
honour to lead. I came to the Conference understandinji^ fully
the (piestion. T have never had any conversation with the At-
tiMiiey-denei-al on the subject. My idea was as clear as the sun
at noonday that we were to treat on the basis of representation
by population. The Attorney-deneral heard as much as I did at
Clnirlottetown. Certainly none of us should have been here un-
less the members of our delej;ation had been a}j;reed on the itoint.
All that I could };'et for l*rince Edward Island I would, but I
fancied we were fully aj;reed on these points at Charlottetown,
and that our discussion was to be about details.

Mr. (t'tll — Ifc would l)e a uinttci- for the ^rentest ren-ret that
any difliculty should arise over this matter. We recpiest the
Prince Edward Island delej^ates to reconsider their decision. It
would be a matter of rejjroach to us that the smallest colony
should leav(^ us.

Mr. Whelan — T should fei"! it my duty to-nioht to vote
a}»ainst the i'es(dution, but we had better re-consider the matter.
-Mr. llaviliuid and I canu» here p(M'fectly untrammelled and with-
out any insl^i'uctions from the (Jovernir.ent of I'rince Edward Is-
land. We understand that all jn'occedin^^'s were to he de novo
and apart from anythiufj: which had taken pbace at Charlotte-
town. I thoufilit that Prince Edward Island had not been fairly
treated as to representation in the Legislative Council, but I jjave
way on that occasion. I do not think, however, I could say
that I was satisfied with the representation of live in the Federal

(\h

<)l- DELEGATES FU(JM THE IMl()VIN'CE«.

House of Coiimioiis. We ate In an isolaltMl jmsilion. Our i'«'-
soiiri'i's arc lari;(', and our people would not be content to jrive
up tlicii* present benctits for the icprcscnlalion of live nienibei'H.
It may be said that the Confederation will ^o on without I'rince
Edward Island, and that we shall eventually be force<l in. I'.et-
tiT, liowe\-.'r, that, than that we should willin;4'ly ;^'o int<i the C'on-
federati(ni with that representation. Uut if the (Jovernnient who
'onu the deiej;ation will lalce the re>^iioiisibility on Ihcui, I may
suj)p(U't tlM'm.

.\(ljourned at ten o'ehxk ji.ni.

TIirKSDAV, I'OTII OCTODKK, ls<i-l.

Mr. Jirox'n — I tlesiro t > usk if tiie l^'iuee Edward Island
dele<iates will state what their views are on the resolution of last
evening.

J/r. Vidni''!' — On makiii;4' my observations last iii^'ht I was
under the impression witli I'espect to any vote jjfiven that the
party voting was bound to maintain it. Dr. Tupi»er had said
whoever voti'd for a jn'oposition could not afterwards oppose it
in his Local Legislature, and such appeared to be the general
opinion bj' tacit consent. I could not consent that IM-ince Ed-
ward Island, free of debt conl]>arati^ (dy, should come into Feib'ra-
tion with the other Provinces indebted larg(dy. esiK-cialiy as no-
thing had been said or settled as to the i-elative shares of tlie
burdens to b," borne by each. I am told, however, by my
colleagues from Prince Edward Island, that the tinaneial ques-
tions will follow th" present discussion, and that the matter of
re]»resentation must depend on the financial res(dutions. That
may alter our posilion.

Mr. Colefi — Every question must stand on its own footing.
Why mix uj) financial matters with representation ?

Colonel (jraji (Prince Edward Island) — I am instructed by
my co-d(degates to say that tlie jirovision of five niendiers is un-
satisfactory. Prince Edward Island is divided longitudinally
into three counties, each returning ten members. Put they are
always opposed to (diange of representation. We cannot divide
the three counties into the five members.

Mr. Broivii — Every Province must revise its own electoral
divisions to suit the number of its representation.

IMi

' |i

1 •
i \

iti

: Si:

1 f

; ■ It

>' 1^?

if^Ji:

DISCL'SSIOXS IX CONFERENCE

2[r. Coles — Mv. Gait had proposed .six inembers for Prince
Edward Island. I approved that raither than Mr. I'rown's mo-
tion, bccanse it allows us to ftive to our three counties two mem-
bers each.

Mr. Pope — I was absent last nioht. I was under the im-
pression that it had been clearly laid down at Charlotte'town that,
representation ny pojjulation was to form the basis of the Lower
House. I could not, therefore, have argued for a greater number
than our population entitled us to get. I agree in all that has
been said by Colonel Gray and Mr. Coles, liut the circumstances
of Prince Edward Island are such that I hope the Conference
will agree to give us sucij a number as we can divide amongst
our three constituencies. Nature, as well as the original settle-
ment of the Island, has made three counties, and it would g-ive
rise lO much difficulty if we had to adjust live members to the
three counties. I cannot ask it as a matter of right, but one of
ex])ediency, as one without which it is impossil)le for us to carry
the TiK^asuri' in IVrince Edward Island. I, therefore, ask for six
members.

Mr. Havilavid — I full}' ag-ree with Mr. Pope. It would be
an insuperable difiiculty to us if we had not six members.

Mr. Broivn — To gi\e Prince Edward Island five members
the total properly should be 20,~». It is obvious we cai^: ot depart
from representation by population. The only thing to do would
be to take Prince Edward Island as the basis which would give
a House of li-'iO, altogetlu'r too large. Give one member to each
county 'lUd let the whole Island elect the other two, and keep the
number five intact ; or le<t the whole Island elect five. We should
have to add thirty .'ight members to the House in order to give
Prince Edward Island six. as the basis of representation by popu-
lation.

Mr. A. A. Mdodovahl — We ai'c not bound by the pi'inciple
of representation by jjopulation laid down at Charlottetown.
Our constituents will say and will spi'ak of the increased repre-
sentation of Canada, and decreased representation of the Lower
Provinces.

Mr. Gait — There is no use in asking tlie Conference to de-
part from tin- jirinciple laid down. We could not justify it. If
the principle is good it is the same for all, and we could not de-

OF DELEGATES FUOM THE PROVIXCES.

'.S

)nUl

lopu-

Iciple
lowu.
ppre-

de-
If
It do-

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fend the actiou of jiiviui;- i:{,00() in Pi-ince Edward Island a mem-
ber where it reipiires 17,000 in any other Provinee for that pur-
pose. It would be indefensible. The difficulty is of a purely
loeal nature. It is impossible for llie Conference to depart from
rhe rule of po]>ulation bein}*' the basis of representation.

^^r. i\[('(.'iilhf — There is anotlier reason. As to the consti-
tulion of the T'pixM* Ilr)use, we looked on that as flexible. If w<'
made the i-oncession i)erhaps IM'ince Edward Island mljiht nol
come in ; ami, besides, the >"orth-West mijiht recpiire, for some
loeal reason, an increased representation irrespective of i)oi)ula-
tion. The rule of representation by population must be rij;iJ
and unyielding.

Mr. Dichy — Give one member to each county in Prince
Edw.j\rd Island, one to (Miarlottetown, and one elected l)y the
whole Island. ]\Iembers elected for the Federal Legislature would
not be elected for local i)uriK)ses, but are representatives of (he
whole Island. It is a (piestion for Canada. We (Nova Sco(ia)
would concede tlie six members though it would place us in diffi-
cuKy.

Mr. Havilurnl — There is no solution in the above proposition.

Ml'. Pope — Religious feeling in Prince Edward Island runs
very high. The I*rotestants outnumbi r the Roman Catholics,
and in consecpienee the tifrh member as j)roposed by Mr. Dickey
would not rejiresent the Roman Catholics.

Mr. Fisher — I came here convinced tliat representation by
population was settled as the basis upon which the Provinces
were to be asked to confederate.

.1//'. Coles — Wliatever ni;iy be the I'csiilt of this i":if(.or,
I'rincc Edward Island should submit. The (pu'stion has been
settled. Let us go on with the business, and let Prince Etlwaril
Island settle foi' themselves when the (juestion comes before
them.

Mr. John A. Macdonald moved : —

Tliiit tlii'i'e sliull i)t' a session of tliH Lfi{j;is!ativp Council and Assembly once at Iwist
in every year, so that a period of twelve calendar months shall nut intervene between the
List sitting of the Legislative Council and Assembly in one session and the first sitting of
the Legislative Council and Assembly in tiie next session. And I'very Legi-ilative
Assembly shall continue for five years from the day of the return of the writs choosinff
the same and no longer, subjeot nevertheless to be sooner |)rorogued or dissolved l»y the
Govtrnor.

BISCCS.SIONS IN v.'ONFKltEXfC

lie siiid : Thci-K hiivc Lccii only four r*;»i'lia;ii«'-ats out of
cijiliU I'll in Ei!;;liUi(l wliicli hiivi' i'xc(^cdfd iive yeais. The term
Parliiutn'iit is correct. Itccausc I'ai'liauient is disHulved, but elec-
tions tal<c place for ('ouinioncis only. I prefer the term "House
of Commons, "' but they do not like ir to be used elsewhere than
in Enjj;lan<! as they have prescriptive ri<j;hts. I desire a clause
fo till' eff<'c' that all i-i;4hts of the Lords or Commons in their
le<iislative ca.pacity shall be provided to the Federal I'arliameni.
It would be necess.uy to say legislative ciu icity, as the House
of Lords has a judicial capacity. Carried.

Mr. Jolui A. 3[:icdonald ini'v^'d : —

Tliat tlie ICxo^'Utive autliority or llovt-niinciit shall )>(■ vested in the Sovereign of the
United Kin^'tloni of (Jri'at liritain and Ireland, and he administered according,' to the well
understood in-ineiples of the ISritish f"on>tituti<ni liy the Sovereign jiersonally ov by
representative d>dy authorized.

Mi: Tuj)pei' — Is it meant to leave it to the Queen or to make
any suiij^estion as to the appoininu'nt of a Viceroy ?

Mr. John A. Jlifciloiiald — I think iti advisablo not to niake
any suj.ijiestion. .vt least it should not be a. constitutional suj;-
,i;esii(>n. Ilei-'aflei- the Parliament of the Federation may re-
present a desir" for one of the Koyal Family as Viceroy.

Mr. jfcCiilli/ —1 iininiMVi that we slioald continue to be gov-
erned by a Ciovernor-General.

Mr. ]\[acdonald's nn)tio!i carried.

Mr. Jiroira — Ah to Local (Jovei-uments, we <losire in Upper
Canada that they should not be exjjensive. and should not take
up political matters. We ouj^ht not to have two electoral bcxlies.
Only one body, nu'mbeis to be elected once in every three years.
Should have whole legislativ(» power — subject to Lieutenant-
Governor. I would have Lieutenant-dovernor api)ointed by
Ceneial Government. It Avould thus biinj;' these bodies into
harmony with the General tJoviM'nnuMit. In r[>i>er Caiiada ex-
ecutive ollicers would be Attorney-General, Treasurer. Seci-e-
lary. Commissioner of Crown Lands, and Commissioner of I'ub-
lic Works. These would form the Council of the Lieutenant-
Governor. I would }iive Lieutenant-Governor veto without ad-
vice, but undei* cei'tain vote In.' should be oblij;-ed to asscmt.
I)urin<j; recc -ts Lieutenant (ioveinoi could have power to sus-
pend executive otiicers. They mi^iit be elected for three years
or otherwise. Von mi.nht safely allow County Councils to ap-

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Fee
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. iU ,1

OV DELEGATES FROM TliE rROVINCES.

( ;j

K'i-0-

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laut-

ad-

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point otlu'i* officers tlian those tliey now <lo. One Lef>islative
Clianibei- for three years, no ]»(»\vrr of dissolution, eh'oted on one
day in eaeli third year. Lieutenant-< Jovernor api)ointed l)y Fed-
eral fJovernnient. Departmental officei's to be electtnl diirinin'
pleasure, or for three years. To be allowed to speak but not
to vote.

^fl■. C'iiiiicr — I entirely dUfer with ]\lr. Brown. It introiluces
in our local bodies republican institutions.

•Ml', r.rown moved : —

That in thr fjical (iovcrnMu'iit tlifi'f .-hall be but fin;.' Lc.'islative Ciiaiiibcr.

S'.'/' IJ. y'r/c/'/t'— I'liis uK'tioii is maile merely to elicit opinion
of conference.

Mr. ;"'" >/ — Xew F!run-<\vick <litt'evs with Mr. Brown. They
propose !o I.cep the existin*;' thin<.is as they are, so ftiV as con-
sistent with ex; "use. They propose Lieutenant-Governor, five
departnn'utal ot'iic;'rs, wiili seats iu House.

Mr. Dirl-cji — Befoi-e details, settle principles. Will con-
ference take present Local (5overnnients as models ?

Mr. Fisher — I am oppost^l to Mi". Brown's views. I approve
of the present system of Local Leji'islatures. I ajfree with Mr.
Brown that the Lieutenant-Governor should be appointed by the
Federal Government.

Mr. Carter — In 1842, Ave had one Chamber in Xewfoundland,
partly appointed by Crown and partly by people. It worked
well. An object to reduce exi)ense.

Mr. Hi'itrji — I think uniformity is very desirable. But you
sh -uld tii'st consider what is to be left to the Local Legislatures
before you pi'oceed to discuss their constitutions.

Mr. Mr<Jrr — No. Institute your liody, then assi^-n its
jiowers.

^fr. ('Iniifdlcr — We are here to foi-m a constitution For
Federal Governnu-nt. Let the I'rovinces otherwise remain as
they are, so far as possible.

Mr. Tapp''r — laojree with j^auieval principles laid down by Mr.
ibdwn thai llie Governments should be as simi>le and inexjien-
sive as possible. We should diminish the powers of the Local

I'll

'!7s

DISCUSSIONS I\ CON'FEREXCE

Governments, but we must not shock too larji'ely thi' jirejudiocs
of the i)eopk? in that respeot.

Mr. McCallji — We must liave miniature responsible Govern-
ments.

Adjonnied at two o'cloek p.m.

EVEXTNG SESSION.

Mr. Archibald proposed a resolution to the effect that Lieu-
tenant-Governors should be appointed by the Federal Govern-
ment for five years ; each Lejj;1slature to continue until altered.
He said : If the Imperial Act authorizes this, you have then the
several governments shorn, however, of such powers as are
taken from them by the central authority.

Mr. Chavdler — 1 think wc should i'orm only a i'e(le?'al con-
stitution, and we should pass no resolutions or act relative to
the Local Governments. Let them retain what they have, and
have power to manage their own local concerns. The Imperial
Government will never consent to put in an Imperial Act of
Parliament that the Crown shall appoint Lieutenant-Governoi?^
on the recommendation of the Federal Government. It is \n'v-
fectly understood that as in case of Leji-islative (Councillors tin-
Grown take the reconnnendatiou of the Government and appoint
a suitable person.

Mr. McCidly — I would make it absolute in the Federal Gov-
ernment to appoint Lieutenant-Governors.

Mr. Ch(tU(Uer- I think the Imperial Government would never
ac(i[uiesce in that.

Mr. McDotifjall — From the peculiar position of Canada we
nuist get permission to change.

^fr. Dicke)/ — I agree with 3Ir. Chandler that the Crown
should appoint Lieutenant-Governors directly.

^fr. Jirnivn — One material point is that the choic(^ of the
Federal Legislative Councillors will extinguish or largely di-
minish the Local Legislative Councils. If you have a Local
Legislative Cou;».cil you then embarrass yourselves by recon-
structing that body. Mr. McDougall says he is willing to take a
Governor ami two Cliaml)ers jis a. Li)cal (loveniment atu.l reduce

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la wt*'

the
ly di-
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OF DELEGATES FROM TlT'^ PROVINCES.

them afterwards. Consider liow insisniti^fHi^^ JH'e tlic matters
agreed at Charlottetown, to be left to the Loivil Governments.
As to private and local bills, that might be done v.;,.der tJie (Gen-
eral Incorpoi'ation Act.

Mr. John A. Macdonald — The Imperial Act must .'epeal
the s<'veral Acts affect inj^' the constitntion of the various Colonies.
The most artistic way to do tiiis would be to wipi* them out ana'
re-enact. The mode a ''opted in Ireland was by resolutions setting;
fortli "it is tit that sucli shou]<l I)e done," wliic'i were afterwards
turned into enactments. I have little doubt thai .vhen tlie sys-
tem is complete a delegate will have to be sent to the Imperi.il
(xovernment from each Province, charged with the interests of
the Province and to express them to the Imperial Oovernment
and their views. We should have uniformity as mucli as pos-
sible, but tlmt is only a secondary matter as compared with tiie
passage of the measure.

Mr. McCalbj — Let Upper Canada ti-y a single Chamber, and if
it succeeds the other Provinces can afterwards adopt it.

Mr. McCully's motion carried.

Mr. Dlckefi — Owr]\t not something to be laid down as to tliC
constitution of tlie Federal Executive Government ? On the
principle now adopted by l4>per and Lower Canada, ought not
there to be some mode of choosing advisers from the agricul-
tural interests of Upper Canada, the mixed agricultural and
maritime interests of Lower Canada, and the great maritime in-
terests of the Lower Provinces ?

Mr. John A. Macdondld — We cannot limit or define the pow-
ers of the Crown in such respect. See our Union Act. There is
nothing in it about Responsible Government. It is a system
which we have adopted. There is not even an,v resolution on our
own journals as to the number of the Executive. The Sovereign
may have such nmnber as she pleases. In Canada it was found
convenient tliat bi>tli sections of the Province should be repre-
sented in the Cabinet, and in time it grew practically into au
equal division. The same principle must obtain as to the body
of advisers of the (lOvernor-General of the Federation. That
must be a provisional cabinet, and it probably will be very few
and merely for necessary pur]>oses. The F(>deral Parliamiuit
being elected, the person charged with the formation of tin'

1 ' «
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DISCUSSIONS I\ C<»N'Fr; HENCE

Ministry will pi*obn).,'|y incicasc tlic iiumhcr. We luiist leave
such an-anyemeiAts as to tM]nality in the Cabinet to clianji-e or
necessity. ,•

Mr. Chandler concurred.

Mr. Mcf)idhj — Bat the royal instructions Hi lit the number
to nine. It should be an unlimited number, and thai point seems
generally conceded here.

"Ml', liciwy — We feel that the first Government at least,
should contain a due number from the Lower Provinces. We of
the Lower Provinces feel that we may be out-voted by UiJjier
and Lower Canada ; but we knew that bt'fore we canu' here, and
are willinjj'' to run the risk of it.

.1 /•. John A, MacdonnliJ — I think there may be an express-
sion o. ojnnion as snjAji'osted by Mr. Dickey. In the formation of
the first Executive (\)uneil 1 think the (Jov.'.nor-Gt'neral should
send for one man throujih whom the writs for election should
be Issued, and choose his Council afterwards.

Mr. John A. Macdonald moved : —

That for each of the ProviiiccM there shall be an Kxecutive OtHcer, stylefl the Lieu-
tenaut-( iovernor, who shall be apiiointed by the Governor-General in Council, under the
Great Seal of the F'ederated Provinces, during pleasure; such i)leasure not to be exer-
cised Ix'fore the exiiiration of the first five years, excei)t for cause ; sudi cause to be
communicated in writing- to the Lieutenant-liovernor ininiediately after the exercise of
tiie plciisinv as aforesaid, and also by message to both Houses of the General Legislattu'e,
witiiin the first week of tlie first session afterwards.

He said : Thf» office must necessarily be during' pleasure.
The person may break down, misbehave, ete. The term of Gov-
ernors and Lieutenant-GovtH'nors is usually six years; but I have
lixed it at live years, that being the duration of our Pi>rliaments.
The Lieutenant-Governor will be a very high officer. He should
be independent of the Federal Governuu'ut, except as to re
moA'al for cause, and it is necessary that he shouhl not be re-
movable by any new jxilitical party. It woidd destroy his in-
dependence. He should only be removable upon an address
from the Legislature.

^Ir. Macdwuild's motion carried.

Mr. John -V. Macdonald proceeded to read his several pro-
posed resolutions as to the powers of the Federal and Local
Governments.

'Mlf?

OF DELEGATES ElIOM THE PltoVIXCES.

7!)

.If/'. MrCall// — Suppose a L(K';i1 Legislature should pass u
law on a subject in respect of which tlie.v iiave no autliority. In
New Zealand no laws of Local Lejiislatures are of eJfect until
apinoved by Ihe (lovernor-deneral.

2fr. Jolin A. Macdonxld — If it 1)6 clearly an excess in the
opinion of the Governor-rroneral and his law otlieiM-s, it will be
disallowed by the Queen.

Adjourned at lO o'clock p.m.

I<\innAY, 21ST (HTOIJER. 1S()4.

^Ir. Jolu! A. ^lacdonald moved resolution detininq; the powers of
the General Leij;islature (see pp. 2'1, 1^4, 43!.

Mr. Gait — [ propose that we take \\\) tlie sul)jects seriatim.

\'1\ As to duties of Customs on Imi)orts and Exp(»its. New
Brunswick has a duty on timber. As }(roceeds of lands will l)e-
long to the Local (Joveinmenl, it will be n«'cessary to consider
this point as re«;ards New l»runswick. An export duty on tim-
ber must be on timber of public and private lauds, and none
could therefore be imported at (Quebec ; and a question ma.v
arise as to the exjjort of coal from Nova Scotia. These ipu's-
tions, ho\v<,'ver, atl'ect tei'rilorial I'e venues.

Mr. TUlcii — The export duty was im[)(>s(.''l in New i'lrr.ns-
wiclc on timber because the stumpajie dues inok so much ;o
collect. Private land owners did not object to it, as few ex|M»rt
timber from private lands.

Mr. jIcCvJlij — I understood tliat nuut-s ,iiid 'linerals were
to be under Local Legislatures. Therefore as to co^il in Xova
Scotia, tlu' General Government should not be at liWrty ro put
an expert duty on coal.

Mr. Tnppf'r—'Sovii. Scotia will rely on the Local Goa "t

for its royalty on coal, to meet its expenses. Tf the (icueral
Goverimient have the rifiht to imi)os'- a duty on coal, it will ad^l
to the revenue of the General Government, to the prejudice of
I he Local Government.

Mr. Gclf — You are assuieh.j that tli«> General Governui. i-
will impose a duty on coal, whereas tlie fact is that the General

IWH

mummmm

«■(,

DISCrssiOXS IN COXrEllENCE

Govt'rnmont should be in ii position to i)i'oti'ct tlic Federation
by avoiding a policy injurious to Federation.

^f)\ Henrtj— It is not an export duty on eoal in Nova Scotia.
It is a royalty, as it is paid by consuniers in the Province. (Fur-
ther ectnsideration of nuuilxn' two reserved).

(3) Excise Diitie:}.

(4) Tiixatii)ii.

^fr. Tupjior proposed to restrict the latter to rjeneral taxation.

Mr. John A. M(icdon<dil objected — You could not then tax
shares, because it would be a j^eneral tiix, or impose harbour
dues for the same reason on any particular harbour.

(7) Bankiiijjr.

Mr. Gait — Exi.stiuu;' charters of lianks will be reserved. In
Canada they all expire in 1870, when the subject may be re-
considered.

(15) Oct'au Xavit,'atioii and .Shipiiiiij,'.

('(iloncl Grdy (New Brunswick) — I would surjgest some in-
sertion providing for safety of passengers, and provisions re-
specting projter nmchinery and inspection, etc.

(25) Agric\iltm-c.

Mr. McCiilbi — It is said this is concurrent. But I think
such an arrangement will be found to be unworkable. It will
lead to a conlliet between the two jurisdictions. I think Upper
and Lower Canada would prefer it being for Local Governments.

Mr. Pidmer — I think it sliould be local. But I apprehend
that would not prevent the General Government from taking
subjects of agriculture under their care in respect to grants of
money locally.

Mr. Brown — I do not think you can make it local and 3'et
expect that the General Government can give moneys to the
Local Governments. But if you put it under the General Gov-
ernment you may have the advantage of one Bureau of Agricul-
ture, a 3lodel Farm, etc. Hut I am willing that it should be
local, only in that event not to look for money from the General
Government.

Mr. Coles — I think it should be retained for the General
Government. There should be a Minister of Agriculture in the
Federal Government.

OF UEI.ECJATKS FllOM THE PKOVINCES.

leneral
un the

.1/*'. Tiippcr — I appi'ove of some thiii<;H heiii^j," oF a concurrent
cliaraclei". We slioiild conline the jni*is<lielion neither lo one nor
(he other exehiHively. The siune I'eniark applies to lnHni}i;r;i-
tion, which is intiniat4'ly connected witli the Crown Lands, and
these ai-e under tlu' Local (lovei'nnient.

Mr. Mclirc — 'i'he General CJovernnient may draw attention
l(» this country for setth'nient. Tlie only pernninent attraction
wo can offer is cheap land, free institutions, etc. I prop»)se that
the Local Lej;islatui"es should be bound to let inimi<;rants have
lands as hitherto. Inmiijirants should feel that they came
to IJi'itish AnuM'ica as a whole, and that they are free to ch(H)se
lands where they like.

Mr. Dickcji — Tlie Local Governments liave as <^reat an interest
as the Federal Government in promoting innnigration.

Mr. Hcnrjf — The General Governmont onyht to liave the
»<.nlrol of ap'iculture. If conllict likely to arise, I would
rathei" withdraw it from the Local Lepslature ; but 1 do not fear
any dashinj; between the two powers. We ou<:;ht to keep up
a Bureau of A{?ricnlture in our Confederation.

^fr. Mount — The items of Aiiriculture and Immionition
should be vested in both Federal and Local GovernnuMits. Dan-
ger often arises where there is exclusive jurisdiction, and not
so often in cases of concun-ent jurisdiction. In municipal mai-
ters the county and township council often have concurrent jui-
isdiortion.

u][r. McC all;/ —1 take another view. The concurrent jurisdic-
tion is the "round of the difficulties in the LTnited States.

Mr. Mowat—Thsit is because there is a doubt whether there
is a concurrent jurisdiction or not.

Mr. McCnlly — I bes; to move that item mnnber 2o, " Agri-
culture," be struck out of the resolution bt^fore the Conference.
Lost on a division, all the Provinces voting nay.

C-'li) Criminal Law.

Mr. John A. Macdomild — We should discuss the appointment
of the judiciary, and as to local and supreme judiciary. In
whom should the appointment be vested ?

vow. CON.— t)

«!

'I:

DISCUSSIONS [\ ('()XFP:UEXCE

Ml'. Ttt/ijicf — lt is oi' rsjK'C'ial value to liiivc a CDiiunon sys-
tciii of jiirispnidciicc. Tluit Is iinjiossiblc on account of Lower
Canada, lint as near as jiossibh* it should be attcniptt'd.

Mi: Joliii A. M(ic<1on<dil -V am ;:;la(l to hear that Mr. Tupper
and Mr. ^McCnlly's views accord willi mini'. W'v may havo one
statutoi-y law, one systiun ol' courls, mu' ju<liciary, and eventual-
ly one bar.

Ml'. MouuiJ — I (|uito concur in tlie ailvantaf^cs of one uni-
form system. Tt woidd weld us into a nation. We must, how-
ever, ]»rovide that tlu- Judges should be a|»iiointed and jNiid by
the (leneral (Jovernment. F»ut it Lower Canada is excepted,
she will still have a voice in decidin{>; for the other I'rovinees.

(27) Rnadrt and Bridges.

Mr. TUhni — I move to strike out IVom item 27 of Mr. Alac-
donald's motion the words " Roads and Bridges."

Agreed to.

After further slij;ht amendments, Mr. Macdonald's motion
carried.

Adjourned at half-i)ast four p.m.

SATURDAY, 22XD OCTOBER, 1SG4.

Mr. Gait moved a series of financial resolutions. (See pp.
25, 26.)

He said : It is very desirable that no question should arise
on account of which any Province could complain of injustice.
Any Province bein<j^ less indebted than another, whether through
good fortune or good nmnagt'uient, should benefit by it. Futui'e
liabilities of Confederation must be presunuxl to be for the beue-
tit of all. We must start, therefore, (ui a fair basis. Tt is
therefoi'e pro])osed that certain ])rinciples shoidd be Lnid down.
TIh- admission of the principle embodied in number one involves
the concession of number two. and then you must proceed to
draw the line prescribed by number three.

All works of an intercolonial character, and which have
created debt to be borne by Confederation, and not being in pri-
vate corporations or towns, should be vested in the Confedera-
tion, i.e. (as is suggested by Attorney-General ^Licdonald), har-
bor) i-g.

OK l>i:i,K<iATi:s l'Ut)M THK I'ltoVINOES.

s;;

VH-

V- CI-

As to railroads. Tn Canada we arc in)t proprietors of any rail-
i-oads, Init have lent lar^ic sums to tlieni. Unildin^is for at'coiii-
niodation of Local Lc;iislatui'cs as distiii;;\iislie4l from residences
of Lientcnant (lovernors should be left to the Local (lovernment.

The first three rcsolntions cover all the i>ro|M'rty to be taken
by the (leneral (lovernment, and llie subsequent resolutions
show what chant's shall be adojited by tlie Confederation.

I propose live per cent, as the rate of interest. It is ini-
jtossible for ns at this moment to determine the debts and liabili-
ties* of the several IM'ovincos. This can only be ascertained
when llie functions of the Local Lejiisla tares cease in that re-
spec t. At that tinw we can ascertain the amount and debit
each I'rovince.

The debt of Canada is different from that of the other Tro-
vinces, as it enters as two Provinces. A previous subdivision
must be made between Upper and Lower Canada. This snl)-
division must be done by the Canadian Le^iislature. In the
case of New JJrunswick we tind an actual debt existin*^ and lia-
bilities which between this time and the i»assin^- of the Act of
Union nniy become liabilities of the Confederation. Furtht>r
liabilities niij^ht be incurred, and it is therefore essential tl'.at a
rule should be laid down and tliat if, supportinj; the i)rln('iple
ot ('(pndity, any one Province goes into such expense it must b«
on its own account. There should be an officer, not a political
otlicer, to aiulit the aifairs of the I'rovinces. The honourable
^^entleman then Avent on to explain the appcu-tionment of the
debt, but his rennirks are so imix'rfectly reported as scarcely to
be intelligible-

^fl'. T'dhoj — This scheme gives Xewfoniidlaiid and Pi-ince
Edward Island everything. Takes over i-ailways which cost us
a very large sum of money and gives us nothing in icturn. The
Crand Trunk stocic is of no value, yet we tind it put down as au
asset ; and as to Canal tolls, the jjolicy of the Canadian Ciovern-
nient is not to look to them. You have tixc' the i)0]iulation of
New Brunswick as inferior to that of Nova Scotia, wliich is the
case, but it ought not to be immovable but to vary in its incrt^ase.
The increase of the population will lessen the per capita tax.

Colovel Gruy (New Brunswick) — Our railway is productive
and yields thr(H' per cent. It is only the dilTercMice between
that and five per ceirt. which should be charged.

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DISCUSSIONS IN CONFERENCE

Mr. Topper — It is wronjxto assume assets to be of equal value
when they are not so.

The roinainder of tlie debate is not reported.

Adjourned jjt five o'doclv p.m.

i'lE'

MONDAY. 24TII (KTOHEK. ISW.

Mr. Mowat moved a series of resolutions deti)\in^ the powers
of tlie Local Legislatures.

Mr. Chandler — I object to the proposed sN'stem. You are
ado]>tinK a Lefjfishitive T'nioa instead of a Federal. The Loral
Legislatures should not have their powers speeitied, but should
have all the j)owers not reserved to the Federal (Jovernment, atid
only the jwwers to l)e j;iven to the Federal (Jovernment should
be speeifled. You are now proceeding? to destroy the constitu-
tions of the Local Governments, and to give them less powei's
tlian they have had allowed them from England, and it will mak«;
them merely large municipal corporations. This is a vital (pies
tion, which decides the que^'tion between a Federal and Legisia
tive Unior, and it will be fatal to the success of Confederation
in the Lower Provinces.

Mr. Tupper — I have heard Mr. Chandler's argument with
surprise. Powers — undefined — must rest somewhere. Those
who were at Charlottetown will remember that it was fully
specified there that all the powers not given to Local should be re-
served to the Federal Government. This was stated as being a
prcmiinent feature of the Canadian scheme; and it was said then
that it was desirable to have a plan contrary to that adopted by
the United States. It was a fundamental principle laid down
by Canada, and the basis of our deliberations. Mr. Clumdler
says that it gives a Legislative instead of a Federal L^nion.
I think that a benefit Is the Federal Government to be
one of mere delegates ? We have provided for a legisla-
tive representation and for the representation of every section
of all the I*rovinces. Such a costly Government ought to be
charged with the fullest powers. It will be easier for every one
of the remotest settlers in Nova Scotia and New Brunswick to
reach the Federal Legislature than the present Local Legisla-
tures. If it were not for the peculiar condition of Lower Cana-

OF DKF.KMATKS KHUM THE I'UOVlNfEH.

da, and that the I><>w»'r Pnninci's have not nnin'uipal systiMnn
such aH TpiKM* Canada. I shonUi no in for a Ii«'jriHlativ<' I'nion in-
Htcad of a Federal. We propose to preserve tiie Local (Jovern-
mentH in the Lower IMovinces because we haiv«* not ninnicipal
inslitutions. If Conference limit the powers of the (Seneral
Legislature, I feel that the whole platform is swept away fr«»ni
us.

Mr. Coles — I did not understand that this wais hii«l down as
a basis at <Mnirlottetown. I thought there the only thing
specified was representation by population in the Lower House.
I agree with -Mr. Chandler's view.

Afr. Havilai\il — I disagree with Messrs. C'liandlei and Coles. I
understand the basis of our scheme, so as to avoid difficulti«'s of
the United States, is to give limit(Hl powers to Local IjOgisla-
tures.

Colonel Gruy (N.H ). — 31 r. Coles' inerriory is sliort. (Quotes
from Mr. Macdonald's speech at Charlottetown and from Mr.
Hr<»wn*». that Federal (tovernnient was to have general iKVwerH
and limited as to local). Whatever amulusion we may now
arrive at, such was the basis of the Canadian schenie.

Afr. ChumUei' — My argument is not met as to merits, but as
to what was laid down at Charlottetown. We all agree that
Local (lovernment should have lo<al powers, we dilT<*r as to
whether such powers should be dt^fined.

Mr. Tapper — Under Mr. Chandler's view, tl>c CJovernor-
Ceueral would be less than the Lieutenant-Ciovernor and the
Federal Government less than the Local.

Mr. Dickeif — 1 propose a Supreme Court of Appeal to decide
any conflict between general and state rights. I am rather in-
clined to agree with Mr. Chandler. Innnense interests omitted
in Mr. Mowat's motion.

il/r. lirown — This matter received close attention of Cana-
dian (Joveriiment. I should agree with Mr. Chandler were it not
that We have done all we can to settb* the matt;'r with sufficient
powers to L(»cal Legislatures. I would let the couiis of each
IM-ovinc" decide what is Local and what (jlen<M'al (Jovernment
jurisdiction, with appeal to the Appeal or Sui)erior Court.

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mSCUSSIOXS IN' COXFEHEXCE

^Fr. MrCalli; — I refer to New Zealand Act, which is
evidently framed to meet difficulty. It strangely deflnef* what
the LiMjil ji,<»venimeiit shall not do. In 53rd clause, (leneral
Assembly to make laws, etc., for jfovernment of New Zea-
land, and shall c(Witrol and sujiersede those of Local (rovern-
nients repugnant th^ eto. Mr. Brown will land us in position of
United States by referi-ing matter of cwitlict of jurisdiction to
courts. You thus set them over the General Legislature.

Mr. John A. Mucdonald — New Zealand constitution was
a Legislative Union, ours Federal. Emigrants went out under
different guarantees* Local charters jarred. In order to
guai-d these, they gave the powers stated to Local Legislatures,
but the General Government had power to sweep these nway.
That is just what we do not want. Lower Canada and the
Lower Provinces would not have such a thing. There is no
analogy between New Zealand and ourselves in such respects.
Our courts now can decide where there is any conflict between
the Imperial and Canadian statutes. I think the whole affair
would fail, and the system be a failure, if we adopted Mr. Chan-
dler's views. It would be adopting the worst features of the
United States. We should concentrate the power in the Fede-
ral Government, and not adopt the decentralization of the United
States. Mr. Chandler would give sovereign power to the Local
Ivegislatures, just where the United States failed. Canada would
be intinitely stronger as she is than under such a system as pro-
p<tt*ed by Mr. Unhandier. It is said that the tariff is one of the
causes of difficulty in the United States. So it would be with us.
Looking at the agricultural interests of Upper Canada, manufac-
turing of Lower Canada, and maritime interests of Lower Pro-
vinces, in respect to a tariff, a Federal Government would l>e a
mediator. No general feeling of patriotism exists in the United
Statics. In occasions' of dilticulty each man sticks to his indi-
vidual State. .Mr. Stephens, the present A'ice-President. was a
strong" Unit>n n)an, vet, when tlie time came, he went with his
State. Similarly we should stick to our Province and not be
British Americans. It would be introducing a source of radical
weauness. It would ruin us in the eyes of the civilized
worhl. All writeis point out the en-ors of the United States. All
the failings prognosticated by l)e Toc(iueville are shown to be
fulfilled.

OF UELEGATES FROM THE PROVINCES.

Ml'. Jolnison — Enumerate for Local Governments their
powers, and pvc all the rest to (leneral (Jovernmeut, but do not
enumerate both.

Mr. Palmer — Easier to detine what are general than what
are local subjects, but we cannot define both. We cannot meet
every possible case or emergency.

Mr. Henry — Wo should not define powers of General
Lej-islature. I would ask Lower Canada not to ti^'ht f«u' a
shadow. Give a clause to j^ive general powers (except such as
given to Local Legislatures) to Federal Legislature. Anything
beyond that is hampering tlie case with difticulties. If we are
to have Confederation let us have one on the principles sug-
gested by Attorney-General Macdonald. In the I'nited States
there is no power to settle the constitutionality of an Act.
Hereafter we shall be bound by an Imperial Act, and our judges
will have to say what is constitutional under it as regards gene-
ral or local legislation.

Mr. Dlckfoj— Why should not Imperial statutes give the
powers they did to New Zealand General G(^vernment ?

Mr. Chandler — My plan is not precisely the same as in the
I'nited States, because the Government does not in the United
States appoint the Lieutenant-Governors and the Legislative
Councillors. If my plan is not adopted, I should have elective
Legislative Councillors.

Colonel Gray, N. B. — The power flows from Imperial Govern-
ment. We propose to substitute the Federal Government for
the Imperial Government. Hut the Federal Government is it-
self subordinate to the Imperial Government. And as to the
policy of the thing, I think it best to detine the powers of the
Local <rovei'nments, as the public will then see what matters
they have reserved for their consideration, with which matters
they will be familiar, and so the humblei" classes and the less
educated will comprehend that their interests are protected.

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ii. iv

TT'ESDAY, 2r)TFI OCTOIJEK, 18(14.

Mr. Mowat moveil (a series of resolutions respecting the
powers of the General Legislature, see pp. 30, 31).

It it

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DISCUSSIONS IN CONFKRKNCE

IHI'

Mr. Fisher — I object to inspection laws being included in
the list. Many laws as to inspection of fish, Hour, etc., are
local, and steamboats may be so also.

Mr. Tapper — I would approve of the General Legislature
having the regulation of inspection of steamboats.

It was agreed to strike out of item number one of tlie resolu-
tion moved by the Hon. Mr. Mowat the words, "3. For the
regulation and incorporation of Fire and Life Insurance Com-
panies," And from item number two the words, " Insix'ction
lavs and laws relating to.'' And the question of concurrence
Ix'ing put on the eighth item,

Mr. Johnson — I object to this clause. It is too great a
restriction.

Mr. Chandler concurred in Mr. Johnson's objection.

Colonel Gray, N. B. — I fully agree with the observations of
Messrs. Johnson and Chandier.

Mr. MeCaliy — I think the clause as drawn is desirable.

Mr. Chandler — But your Courts will decide whether the
Local Legislatures exceed their powers, and why re<iuire a second
veto.

Eighth and ninth resolutions agreed to.

I H

OF DKI.KOATES FUOM THE PUOVINCKS,

RESOLUTIONS

Adopted by the Canadian Legislature on the 11th
August, 1800, providing for the Local Governments
and Legislatures of Lower and Upper Canada re-
spectively, whan the Union of the Provinces of
British North America is effected.

Resolved : —

1. That by the :i8th paragraph of the resolution of this
House, passed on the third day of February, 18G5, for presenting
an humble address to Her Majesty, praying that she may be gra-
ciously pleased to cause a measure to be submitted to the ImpiTlal
I'swlianient, for the purpose of uniting the Colonies of Canada,
Nova Scotia, New Brunswick, Newfoundland, and Prince Ed-
ward Island, in one Government, with jirovisions l)as('d on the
resolutions wliidi were adopted at a Conference of Delegates
from tht' said Colonies, held at the City of Quebec, on the 10th of
October, 1864, it is provided that " for each of the Provinces there
" shall be an Executive Oflfleer, styled the Lieutenant Crovernor,^
" who shall be appointed by the Governor General in Council,
" imder the Great Seal of the Federated Pro\inces, during plea-
" sure ; such pleasure not to be exercised before 'the expiration of
" tie first five years, except for cause ; such cause to be communi-
" <'ated in writing to the Lieutenant Governor immediately after
"the exercise of the pleasure as aforesaid, and also by message
" to both Houses of Parliament, within the first week of the first
" session afterwards ;" and that by the 4l8t panigraph of the same
resolution it is provided thai "the Local Government and Legis-
" lature of each Province shall be constructed in such manner as
" tlie existing Legislature of each such Province shall i)rovide :"
and it is further now resolved, that in the opinion of this House
the api>ointment of the first Lieutenant Governor shall be pro-
visional, and that he should hold office strictly during pleasure.

2. That under and subject to the Constitution of the
Federated Provinces, the executive authority of the Lieutenant

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HESOLniONS AI)(>!'Tl::i) I5V CAN.\I)1AN LI'ClsI.ATrUF

(Jovcrnor of Lower Can.idii and I'pper Canada respectively shall
be adniiiiiHtered by each of such officers accordinj; to tlu* well
understood princi|)le» of the British Constitution.

:{. The (treat Seal of each Province of Lower Canada and
rpper (.'anada shall be the same or of the same desijfii, in ea«'h
of tlu* said Provinces, as that used in the said Provinces respec-
tively at the time of the existing Union, until altered by the
Local <iovernnient.

4. That there shall be a Local Lejjislature for Lower Canada,
composed of two Chambers, to be called the Lejfislative Council
and the Legislative Assc mbly of Lower Canada.

5. That there shall be a Local Legislature for Upper Canada,
which shall consist of one Chamber, to be called the Legislative
Assembly of Upper Canada.

(). That the Legislative Council of Lower Canada sliall be
composed of twenty-four members, to be appointed by the ('rown,
under the Great Seal of the Local Government, who shall hold
office during life ; but if any Legislative Councillor shall, for two
consecutive Sessions of Parliament, fail to give his attendance in
th.' said Council his seat shall thereby become vacant.

7. That the Members of the Legislative Council of Lower
Canadii shall be liritish subjects by birth or naturalization, of
the full age of thirty years, shall possess a continuous real pro-
perty qualification, in Lower Canada, of four thousand dollars
over and above all incunibrances, and shall continue worth that
sum over and above their debts and liabilities.

8. That if any question shall arise as to the (pialification of
a Legislative Councillor in Lower Canada, the same shall be de-
termined by the Council.

0. That the Speaker of the Legislative Council of Lower
Canada (unless otherwise provided by the Local Parliament) shall
be appointed by the Crown, from among the Members of tlie
Legislative Council, and shall hold office during pleasur*', and
shall onlj' be entitled to a casting vote on an equality of votes.

10. That each of the twenty-four Legislative Councillors of
Lower Canada shall be appointed to represent one of the twenty-
four Electoral Divisions thereof, mentioned in Schedule A of the
first chapter of the Consolidated Statutes of Canada, and such
Councillor shall reside or possess his qualification in the Division
lie is appointed to represent.

Fon LOCAL COVKHNMLMS AXH LLCISLATritr.S.

tion of
1 be de-

11. That the Lt-};islalive AsHcinbly of Lower Canada shall bo
voiuiKMcd of the sixty-live Members to be elected to repri'seiit
the sixty-live Electoral Divisions into which Lower Canada is now
divided, under Chapter 2 of the Consolidated Htatutes of Canada,
Chaptei- 75 of the Consolidated Statutes for Lower Canada, and
the Act 23 Victoria, Chapter 1, or of any other Act, aniendinj;
the same, in force at the time when the Local (Jovernment shall
be constituted, as well for representati(m in the Local Lejjjislatuie
tiiereof, as in the House of Commons of the Federated Provinces;
Provided that it shall not bo lawful to present to the Lieiifnant
(lovernor for assent any IJill of the Legislative Council and As-
sembly of Lower Canada, by which the limits of the electoral
divisions mentioned in the schedule hereto annexed, marked A,
may be altered, unless the second and third readiuf^s of such Bill
in the Lej^islative Assembly shall have been pjissed with the con-
currence of the majority of the members for the time beinj» of
the said Lejfislative Assembly, representing the electoral divisions
nu ntioned in said Schedule marked A, and the assent shall not
be };iven to such Mill unless an Address has been presented by
the Ltjiislative Assembly to the LiiMitenant Ciovernor that such
IJill has been so passed.

12. That tlio Le^^islative Assembly of Upper Canada shall be
composed of eijrhty-two Membt»rs, to be elected to represent tlie
eij^hty-two constituencies in rjtper (.'anada, such constituencies
bcinji; identical, wliother for repres;'ntati<m in the Local Le^sla-
tiv(' Assembly or for representation in the House of Commons of
the Federated Provinces, and which consitituencies shall consist
of the divisions and bo bounded as is provided in the schedule
h reinito annexed, marked It.

b). That iintil other ])rovisions arc made by the Local Le}j;is-
laturc of Lower and Upper Canada respectively, chanjifinji; the
same in <Mther of the said Pi'<Mincv's. all the laws which at the
(hue of the Proclamation, constitutinji,- the sei)arate l^rovinces
<)!' Lower Canada and of Upper Canada, shall be in force in each
ot the said Provinces respectively, relatinjj; to the quali-
ticiUion and disqualitication of any persion to bo elected
<>;• to sit or vote as a Member of the Assembly of the
Province of Canada, and relatin}; to the <iualiilcation and dis-
qualification O'f voters, and to the oaths to be taken by vot-
ers, and to Retnrninf; Officers and their powers and duties,
and relating to the proceedinfrs at eloctiims and to the period

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IIESOIAITIONS ADOPTKl) I»Y CANADIAN LKOISLATI'MK

dinliiK which Hurh chMthuiH iiia.v Im (onliinutl, and relating
to I he trial of con tr(» verted clcctionH and the i)i'o<'iH'din};i* inci-
<h'nt Ihereti), and relatinj; to tlic VHcatin^; of the^ seats of
nii'inberH and to tlie iHHnin^' and execntion of new wiita in ouho
of any seat beinj; vacated otlierwise than bv a dissohiHon, sltall
resjM'ctivel.v aippl.v to elections (►f Members to serve in the said
the Leffishitiv*' Assembly of I^wer ( 'anada and in the said tlie
Lepslative Ass:*mbly of rpjK'r Canada.

14. That the Legislative Assembly of Lower Canada and the
Legislative Assembly of l^pper Canada respectively, shall con-
tinue for four yj'ars from the disiy of the return of the writs for
ch<r(»sing the same and no longer, sulgect nevertheless to either
the said the I^'gislative Assembly of Lower Canada, or the said
the Legislative AssiMubly of I'pper Canada, Inking sooner pit)-
rogued or dis.*»olved by the Lieutenantdovernor of either of the
Kaid I*rovin<'t*s respectively.

in. That there shall be a session of the Legislature of each of
tlie said I'rovinces once at least every year, so that a period of
twelve months shall not intervene between the last sitting of the
Local Legislature in one session, and the first sitting thereof in
the next session.

1(5. That it is expedient that any Act of the Imperial Pai'lia-
ment whicli may oe passed for the Union of the Colonies of British
North America, should contain a provision that the division and
adjustment of the debts, credits, liabilities, properties and assets
of the Provinces of LTpper and Lower Canadji, should be referred
to the arbitrament of three arbitrator, one to be chosen by the
Local Ciov.'M'nment of Upper Canada, the other by the Local Gov-
ernment of Lower Canada, and the thii-d >>y the General Govern-
ment ; it being further provided that the selection of the arbitra-
tors shall not take place until after the General Parliament for
Itritish North America and Local Legislatui'es for Upper and
Lower Canada have been elected — and that the third arbitrator
shall not be a resident in either l^pper or Lower (^anada.

SCHEDULE A.

Same as the second Schedule of the B. N. A. Act.

FOR LOCAL UOVEUNMKNTS AND LKiilSLATUUKS.

KKSOUTTION ADOl»TKl> OX TlIK TKNTII OF ArciST. isr,<;.

RcHoIved,

" That it is »'Xp('«litMit tliat at tlu' tlrnl Election for the District
of Al<;(»ina, hotli for llic (tcncral and IiO<al Lt^ffislaturoH, all p«M-
Hons (itluTwisc (jnalititMl »*x('«'])t in n'sjMTt to i'«*al propiM'ty, \V\u\
arc hoiiscliohh'is, shall hav4' t'lr ri^ht to vote at the »aiil Khnv
tion."

SCIIKDULK H.

Same as the first Scliodule of the B. N. A. Act down to and
inclusive of the S2nd cUiuse.

/tmj-

MIXITKS OK I'IMX i:KI)IN(iS IX CO.VlEnF.NCK

'■I I ■Ml

3L1NUTES

OP THE rilOCEEOIXGS I\ COXFEHEXCE OK THE DELEOATES KUOM
THE I'HOVIXCES OK CAXADA, NOVA SCOTIA AXl) NEW liRUNS-
WICK, HELD IN LONDON, DECEMHEH, 18G0.

London, Tnt'sday, 4th DoctMnbci', 1800.

The followinjr jjontlcnicn asseniblfil at the Conference Cham-
ber in the WeHtniinsttT I'ahice Hotel, London, on Tuesday, the
4tli day of December, ISOO, at the hour of twelve o'clock no»»n: —

CANADA.

The llonouruble John A. Macdonald.
G. E. Cartier.
A. T. Cialt.
W. McDoupall.
W. v. Howland.
H. L. Laujievin.

NOVA SCOTIA.

The Honourable <Jharles Tapper.

William A. Henry.
J. W, Ritchie. C-
Jonathan McCnlly.
A. G. Archibald. "^
NEW BRUNSWICK.

The Honourable S. L. Tilley.

J. M. John son.
r. [Mitchell.
Charles Fisher. /^
R. D. Wilmot. t- V

It was pr(>i)08Cd by tlie Honourable Mr. Tui)per, and sec-
onded by the Honourable Mr. Tilley,
And resolved, —

That the Honourable John A. ^lacdonald be Chairman of the Conference.

r'i

I'K DKLEfJATKS Ilio.M TIIK I'lloVIXCES.

1)5

It WIS |H<»ii(>s«'»l Ity tln' llttiHtuiiiltN' .Ml*. .M»riilly, and hccuimI-
t'd by flic IIitiHMitiihlf .Mr. FIsImt,

And it'solvi'd, —

Thftt Li»'Uti'iian;-Coli<nt'l llt-vvitt lUiiiuril Ik- ;nni..iutt'il h'fcrftaiy of the Con-
ference.

It wuh rt'KolvcHl, —

Tlmt in taking' the vot«M on nil (|iie«tiiiiiH to lie deeided by this Conference, excejrt
qiU'Hti'iiis of ord»'r, e.teli Provinc " liy wliatever nninlier of dt lepates represented, nlmll
have one vote, and tliat in votinj,', Canada lie eonnidfreil as two Provinces.

The ('(mft'i'cnct' tlirii cnttTcd upon \ho ronsidcration of th'^
Kt'solutiims of tin* ('onfertiue lu'ld sit (iiicbcc in tlu» yv.w ISflt.

And at a (inai'ttT i»ast ."» o'clock p.m., a motion for adjourn-
ment ln'in^ carried, the Clialrnian declared tlie (Conference .i-
tinned nntil 11 o'clock a.m. tomorrow.

WEDNi: 'DAY, .Vni DECKMHER, isr.C.

The Conferepce met at 11 o'clock a.m., all the members being
present.

Th ' Ilimoiirable Mr. Tni^ter laid before the Conference a lie-
solution of the House of -Vssembly of Xova Scotia of 17th Ajtril,
1S«I(), as follows ; —

WI-IKRK.\H, in the opinion of this House, it is desirable that a Confederation of
the British Xorth American I'rovincts sliould take ]ilace ;

RKSOLVKI) THEKKPORE, Tliat His Excellency the Lientenant-novernor be
authorized to aiipoint delej?ates to arrange with tlie IniiK'rial Government a scheme of
union which will effectually ensure just provision for the riphts and interests of this
Province ; eacii Province to have an e((ual voice in such delegation, Ui)per and Lower .
Canada being for this pur|X)se considered as separate Provinces.

The Honourable Mr. Tllley laid hefore the Conference a
Resolution of tlie House of Assembly of New Rrnnswiek of 30th
June, 18(J(>, as follows : —

" RE.SOLVED, That an huniblo address be presented to His Excellency the
Lieutenant-Govern.ir, praying th.at His Excellency will be pleased to appoint Delegates,
to unite with Delegates from the other Provitices in arranging with the Imperial Gov-
ernment for the Uni(m of British North America, njion stich terms as will secure the
just rights and interests of New Brunswick, accompanied with provision for the im-
mediate construction of the Inter-Colonial Railway, each Province to have an equal
voice in such Delegation, Upper and Lower Canada to be considered as separate
Provinces."

The Conference then proceeded with the consideration of
the Quebec Resolutions.

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!Mi

ISllNrTKS o|- l'UO(|:KniN(J.H in ( onkkhkntk

AikI ill i\ <pitn'l<M- to live «i'('lo« k, p.m., Ilio OliMiniuiii di-
rlnrod lln' Conft'rrthc r»»nlinn<Ml until rlcvt'ii o'clot-k ii.in. lo

TMIKSD.W. «iTII m-K'llMllKK. ISdC.

'Vho ConfcrtMtri' nu'l iit 11 (('florU, ii.m.. iind procrctliMl willi
\\\o ronsi«h'riilioti of the tiiicluM' UcNolutioiiM.

I( was i'('s«)Iv('«l. —

'V\\;\t (li<> lli>n.nirnlil(> Mt'H<ir<». ( Iiilt. HowkhhI. Ili'iny iiiiil Tilli-y In- n|i|iiiinli'(l it
Ciinniiitloi' til iMMsnlcr ll\i' .■i4lli "f tli>> tjtiiilii'i- KrHii|\iiiivin. m: I in.vttciM of |i'iii«tic<'

And ill Icilf |iiisi ronr o't'locK p.m., I!m> cliiiii'miin drcltit'iil
tlu» ConfoviMM'o conlinmMl until eleven o'elm'U {i.m., t«i iikhtow.

l'I{ll>AV. 7TM DKCMMIIMH. ISiKJ.

The (%Mifer<'ne(> mei at eleven »»"el<M'k, a.m., and having fur
ther taU<Mi into <'onsidei'ation tlie Quebec' Ive.solntion.H. adjourned
at the hour of two o'«l«»ek p.m., until Tues«lay next, the llth
instant, at 1 1 o'eloek a.m.

TIKSDAY. IITII DKCKMllKK. iSliO.
The t'onfereiire eontinuetl until tomorrow at one o'clock

p.m.

Wl^DNESDAV. lL»Tn DKOEMIiKH, ISdO.

The ("onferenee jH>ntinued until tomorrow at eleven o'clock
a.m.

TlirKSDAY. i:?TH DKt^KMHKR, 18(1(5.

The Tonference met at eleven o'clock, a.m. and at the hour
of half past two o'chx'k }t.m. adjourned until tomorrow at
<»leven o'clock, a.m.

FRIDAY. 14TH DKl^EMnKK. 1S(;(5.

The Conference met at the hour of eleven o'clock. The
followinjx letter from the Kight Honourable C. It. Adderley was
read : —

Downing Street, 13th December, 186«.
Sir. — I am directed by the Earl of Carnarvon to acknow-
leilge the receipt of your letter of the 4tii of this mouth, re-

. irlllBlHiililMIBIlHWtin

(•!'• iii;i.i';(iAl'i'.s I'ljoM nil': iM!<»\ in< ks.

|M»rliiijr Hull llic I>('li'>,')il«'H from ('imiMlji. Nnvji Srorm iind N«'w
HniUMwick hiiil foiincd lln'inwIvrH into ii < 'oiifciriicc for flu-
pnrpoHc (tf nrraii^iiit; Hh- Ifrmn of Ihc ('(»nfr(J«'riilioii of iIiomc

I'rO\ IIKM'S.

I iiiii, Sir,

Your olK'ilit-ni Ncrviinl,

(' I! ADDKia.KY

'Vhf llononniltl(> •loliti A. Mtirdouiihl, rlc, t'tc

Tlu' vNmf»M«'in«' llicu ronlinucd (Ih- (oiiHidfr.'ilion of the
(jurlxT KcHnlutioiiH, iiimI :iI IIh' liour of tlirt'c o'riork |>.tii. .'id
Joiiriicd iiiiHI Moiidiiy ii«*\(, tlic tTlli iiiHtjiiil, ut \'2 o'rlo<-k noon.

MONDAY, I7TII IHOi K.MI'.KK, ISUO.

The CoiifcrnKM' nu-l ut <'li'vcu o'clocU ji.in. and (-ontinucd
lln' roiisidcriilion of llii- I^ucIm'c UcHoliilionH, and at llv«* o'cloH;,
adjouiiM'd until tomorrow at (dcvcn o'clock a.,ni.

TI'MSDAY, IHTII DKrKMl'.MK. iSfld.

Tlu' Conference met at eleven o'cl«»ck a.m., and continued
llie consideration of tlie (^ueliec KesolulioiiM, and at live o'clo(»k
p.in. adj<»iirned until tomorrow at eleven o'clock n.Tu.

WKDNKSDAY, 1!>T]I DIOCM.MISKK. I.sc.t;.

The (/onfereiico met at the hour of eleven o'clock a.m., and
having proceeded with the consideration <»f the (^ueltec Kesolu
lions adjourned at tive-lhirty p.m. until toiiinrrow al elcviMi
o"cN»ck a.m.

'I ft

TlintSDAY, L'OTM DKCK.MI'.KK. \sw,.

The Conference met at the hour of eleven o'clock a.m., and
havinj4" proceeded with the <'onsideration of the (Quebec Resolu-
tions adj<Mirned at four p.m. until t omoirow at noon.

MONDAY, 24Tn DKf'KMIJKU, \XW.

The Conference met at eleven o'<'Iock a.m. and passed the
Kesolutions folhiwing : —

rorr. ion. 7

!U:sOU'TI<)NS ADOITEI) AT ('(JNIEIiENCK

RESOLUTIONS

ADOI'XKD AT A

Conference of Delegates from the Provinces of Canada,
Nova Scotia and New Brunswick.

HKLl) AT

THE WESTMINSTER PALACE HOTEL, LONDON,

ON THE

Fourth Day of Decemrek

One Thousand Ekjht Hundred and Sixty Six.

^'' :l

1. The best iuteiests ami present aud future prosix^rity of
British North America will be promoted by a Federal Union un-
der the Crown of Great Britain, provided such Union can be
t-flfected on principles just to the several Provinces.

2. In the Confederation of the British North American Pro-
vinces, the system of government best adajjted under existing
circuuistances to protect tlie diversified interests of the several
Provinces, and secure efficiency, harmony, and permanency in the
working of the Union, is a Ceneral (Jovernraent charged with
matters of common interest to the whole country, and Local Grov-
ernments for each of the Canadas, and for the Provinces of Nova
Scotia and New Brunswick, charged with the control of local
matters in their respective sections, provision being made for the
admission into the Confederation, on equitable terms, of New-
foundland, Prince Edward Island, the North West Territory, and
British Columbia.

.*{. In framing a Constitution for the General Government,
the (\mfei'ence, with a view to the perp<»tuation of the connec-

!IELI) AT Wi:STMIX.SIKU l'ALA<i: HOTEL, LONDON'.

tion with the niotluM- (•«)untrv, and tlu* promotion of the host in-
teivHts of the people of these Provinces, d^'wire to follow the
model of the liritiHh Constitution, m far as circnmstances will
jiermit.

4. The Executive Authority or (Jovernment shall be vested
in the Sov<'reij,'n of the Tnited Kinj^dom of (Jreat Jiritain and
Ireland, and be administered a(;c«>rdin}; to the well-undersi<M)d
principles of the Itritish Constitution, by the Sovereij?n personal-
ly, or by the represi'utative of the Sovereij^ni duly authori/.ed.

5. The Sovereijju shall be Commander-in-Chi«'f of the Land
and Naval Militia Forces.

C. There shall be a (Jeneral Le}j;islature or Parliament for
the Confederation, composed of the Sovereif,'n, a Leju'islative Couii-
• il, and a House of Commons.

7. For the purpose of forminjr the Lej-islative Council, tlie
Confederation shall be (considered as consisting' of three divi-
sions : rl

Fiist — Cpper Canada, '

Second — Lower Canada, and

Third — Nova Scotia and New I'runswick. ""'":

Kach (livisioM witli an e(|Mal re]>i"esentjiti(jn in the Legislative
Council.

K Upper Canada shall be represented in the Lej^islative
Council by rwenty-four Members, L<>w<'i' Cauiida by tw«'nty-four
Members, and the AL'iritime Provinces by twentv-four Members,
of which Nova Scotia shall have twelve and New Brunswick
twelve Members.

!>. The Colony of Prince Edward Island, when admitted into
the Confederation, shall be entitled to a representation of four
Members in the Legislative Council. Hut in such case the Mem-
bers allotted to Nova Scotia and New lirunswick shall be dimin-
ished to ten each, such diminution to take place in each Province
as vacancies occur.

10. The Colony of Newfonndland, when admitted into the
Confederation, shall be entitled to a representation in the Legis-
lative Cornell of four Members.

11. Tlu North West Territory and Pritish f\)lumbia shall be
admitted into the Fnion on such terms and conditions as tlie

■n

1-1

1 i '

100

UESOLUTIONS ADOrrED AT CONrEKENCE

': i

I'I

B it '

iii

n ^

mm ^■■

1'^

mm 1 '

^ r :

I'ailiameut of the Confederation shall deem equitabh', and as
Hhall receive tlie assent of the Sovereij;n, and in ease of the Pro-
vince of Ih'itish ('ohnnbia, as shall be a};:i'eed to by the Legisla-
ture of such Province.

12. The Members of the Lefjfislative Council shall be appoint-
ed by the (^rown under the (Ireat Seal of the (reneral (lovern
nient, from amon^j; residents of the Province for whicli they are
severally appointed, and shall hold office durinj;; life. If any
Lej^^islative Councillor shall for two consecutive Sessions of Par-
liament fail to j^ve his attendance in the said Council, his seat
shall thereby become vacant.

i:j. The ^lenibers of the Legislative (Council shall be Hritish
subjects by birth or naturalization, of the full age of thirty years,
shall each possess in the I'rovince for which they are appointed,
a continuous real prowrty (lualification of four thousand dollars
over and above all incumbrances, and shall be and continue worth
thsxt sum over and above their debts and liabilities, and shall
possess a continuous residence in the Province for whi(?h thi'V
are appointed, except in the case of persons holding oflicial posi-
tions which re<piire their attendance at the seat of (government
pending theii' tenure of office.

14. If any question shall arise as to the qualification of a
Legislative Councillor, the same shall be determined by the Legis
lative Council.

15. The Members of the Legislative Council for the Confede-
ration, shall, in the first instance, be appointed upon tiie nomina-
tion of the Executive (iovernmeuts of Canada, Nova Scotia, and
New Brunswick, respectively, and the number allotted to each
Province shall be nominated from the Legislative Councils of the
different Provinces, due regard being had to the fair representa-
tion of both ])olitical parties, but in case any Member of the Local
Council 86 nominated shall decline to accept, it shall be competent
for the Executive Committee in any Province to nominate in his
place a person who is not a Member of the Local Council.

16. The Speaker of the Legislative Council (unless otherwise
provided by I'arliament) shall be appointed by the ('rown from
among the ^Members of the Legislative Council, and shall hold
office during pleasure, and shall only be entitled to a casting voti^
on an equality of votes.

17. Each of the twenty-four Legislative Councillors repre-

II !l:

vl ■

HELD AT WESTMINSTER PALACE HOTEL, LONDON.

101

Rt'iitint; Lower Canada in the Legislative Council of the (ieneral
Ix'^jislature, nhall be appointed to represent one cff the twenty-
four <'lectoral divisions mentioned in schedule A of chapter first
of the Consolidatetl Statutes of (\inada, and such Councillor shall
H'side or possess his (pialification in the division he is appointed
1o represent.

18. The basis of representation in the Hoiise of Commons
shall be population, as determined by the official census every
ten years, and the niimber of Members at first shall be one hun-
dred and eighty-one, distributed as follows : —

Upper Canada
Lower Canada
Nova Scotia -
New Brunswick

Eighty-two.
Sixty-five.
Nineteen.
Fifteen.

10. Until the first (Jeneral Election after the official census
of One thousand eight hundred and seventy-one has been made
up, there shall be no change in the number of representatives
fr<vm the several sections.

20. Immediately after the <omi>letion of the census of One
thousand eight hundred and seventy-one, and immediately after
every decennial census thereafter, the representation from each
J'rovince in the Housf* of Commons shall be readjusted on the
basis of population, such readjustment to take effect uimn the
tennination of the then existing Parliament.

21. For the purpose of such readjustments, Lower (^auada
shall always be assigned sixty-five Members, and each of the
other Pr(>vince8 shall, at each re-adjustment, receive for tlie ten
years then next succeeding, the number of Members to whi<'!i it
will be entitled on the same ratio of representation to popula-
tion as Lower Canada will enjoy, according to the census tln'n
hist taken by having sixty-five Members.

22. No reduction shall be made in the number of Memb'ra
returned by any Province, unless its population shall have de-
creased relatively to the population of the whole TTnion to ti»e ex-
tent of five per centum.

23. In computing at ea<h decennial period the numbci* of
Members to which each Province is entitled, no fractional parts
shall be considered, unless when exceeding one-half the :u!nb<M'
entitling to a Member, in which case a Member shall be given for
each such fractional part.

U^Hii^i

102

HKSOLUTIONS ADOPTED AT t'ONFElSKNCK

1 i;

-4. Tlu* number of Mcnibcis may at any time he iiwrtMscd
by the Cmmum'siI Pailiament, n*p:ard bi'lnj; had to tlio proportiou.itt'
riffhts then existinjj;.

I'o. I'ntil jn-oviHious jire made by the (Jeneial I'arliameiit,
all the hiws whieh at the date of the IM'oc laination eonstitntiiis;
the Union are in force in the Provinces resi»ei'tively relatin^j to
the qnalitication and disqualitication of any peimm to be eb'eti'd.
or t(» sit or vote as a Member of the Assembly in tlie said I'ro-
vinces respectively, and ri'latinjf to the qnalitication or disiiuali
fication of voters, and to the oaths to be taken by voters, aind to
IJelnrninj; Otticers. and then- powers and duties, and relatins; to
the proceeding's at elections, and to the period duriuy; which
such ele<lions may be continued, and relating to the trial of con-
troverted elections, and the proceedings incident thereto, and
lelating to the vacating of seats of Members, and to the issuing
and execution of new writs in case of .uiy seat being A'acated
otherwise than by a dissolution, shall respectively apj)ly to elec-
tions of Members to serve in the House of t'ommons .)f places
situate in ihose Provinces resi)ectively.

20. Every House of Commons shall continue for live years
from the day of the return of the writs choosing the same, and
no longer ; subject, nevertheless, to be sooner prorogued or dis-
solved by the (Jovernor-CJeneial.

iJT. There shall be a S( ssion of the (Jeneral Parliament once
at' least in every year, so that a period of twelve calendar
months shall not intervene between the last sitting of the General
I'arliamenI in one Session and the first sitting thereof in the next
Session.

28. The (leneial ParliauK nt shall have ])ower to niak;' laws
foi' the peace, welfare, and good government of the Confedeisition
(saving the Sovereignty of England), and esp n-ially laws respect-
ing the following subjects : —

1. The public debt and pro[»erty.

2. The regulation of trade and commerce.

:i. The raising of money by all or any mode or system of
taxation.

4. The borrowing of money on the public ci'edit.

."i. Postal service.

iiKM) AT wi;sTMixsri:u I'.M^.vci: ii(>ti:i„ roxnox.

1().'{

<J.

1>.

10.

11.

V2.
1:5.
14.
IT).
U'k

17.

IS.

10.

20.

21.
00

2:^

24.
25.
26.
27.

28.
20.

30.

31.

Linos of Hteain or other ships, railways, niuals, and other
works conniM'tinj? any two ov more of tlie Provin«'es to
jfetht'r, or extending; beyond the limits of any I'rovinee.

liines of steamsliips 1m t ween the fNmfederated Provinces
and other countries.

Telej^raphic eommnniiation and the incorporation of Tele-
graph Companies.

All sn(;h works as shall, allhon}xh lyinj? wholly within any
Province, he specially declared by the Acts authorizinj;
them to be for the jjeneral advantage.

, The census and statistics.

. ^rilitia, military and naval service, and defence.

P»ejicons, buoys, light-houses, and Sable Island.

Navigation and shipping.

Quarantine.

Sea coast and inland fisheries.

Feriies between any Province and a foreign country, or
between any two Provinc(!S.

Turrency an coinage.

Banking : Tncorpoi'ation of Banks, and the issue of paper
money.

Savings Banks.

Weights and measures.

Bills of exchange and ]>romissory notes.

Interest.

Legal tender.

Bankruptcy and Insolvency.

Patents of Invention and Discovery .

Copyrights,

Indians, and land reserved for tlie Indians.

Naturalization and Aliens.

Marriage and Divorce.

The Criminal Law, except th«^ Constitution of Courts of
Criminal Jurisdiction, but including the procedure in
criminal matters.

The esitablishnjent. maintenniuM' :uul mnnagement of
Penitentiaries.

t ! ■'

1 i

Ini

I -t

104 RESOLUTIONS AUOl'TKD AT CONFEUENCE

32. Rendennj; uniform all or any of the lawH relative to pro-
I)erty and civil ri};ht8 in rpper Canada, Nova Hcotia, and
New Hrunswiclv, and rendering? uniform the i)rocedure of
all or any of the Courts in these provinces ; but any Sta-
tute for this [)uri)ose sliall have no force or authority
in any l*1'ovince until sauetioned by the Legislature
thereof, and the ix>W'er of repealing, amending, or alter-
ing such Laws, shall henceforward remain with the
General Parliament only.

38. The establishment of a Oneral Court of Appeal for the
Confederation.

34. Immigration.

35. Agriculture.

3(5. And generally respecting all matters of a general charac-
ter, not specially and exclusively reserved for the Local
Legislatures.

2!>. The (Jeneral (Jovernuu nt and Parliament shall have all
powers necessary or proper for performing the obligations of the
Confederation as part of the British Empire to Foreign Countries,
arising under Treaties between Great Britain and such Countries.

30. The powers and privileges of the House of Commons of
the Cnited Kingdom of (ireat Britain and Ireland shall be held
to appertain to the House of Commons of the Confederation, and
the powers and privileges appertaining to the House of Lords
in its legislative capacity, shall be held to appertain to the Legi**-
lative 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 ne'' ^-
sary, or for the public advantage, in order to the due execution
of the Laws of such Parliament.

32. All Courts, Judges, and Officers of the several Provinces
shall aid, assist, and obey the General Government in the exer-
cise of its rights and powers, and for such purposes shall be held
to be Courts, Judges and Officers of the General Government.

33. The General Government shall appoint and pay the
salanes of the Judges of the Superior and District and Ooumty
Courts in each Province, and Parliament shall fix their salaries.

34. Until the consolidation of the Laws of Upper Canada,,

HELD AT WHSTMINSTEIl TALACE HOTEL, LONDON.

105

1 n

Nova Scotia and N«'w liniimwitk, the .ludgt's of tlu'He Provinces,
appointed bv the General (Jo.ernnient, Bhall be selected from
their respective Bars.

;{5. The Judges of the Courts of Lower Canada shall be
sele<ted from tlie liar of Lower Camida.

3G. The Judges of the Court of Admiralty shall be paid by
the General (^Jovernment.

37. The Judges of the Sufjerior Courts shall hold their offices
during good behaviour, and shall be removable on the address of
both Houses of railiament.

38. For ea(.h of the Provinces there shall be an Executive
Officer styled tlie Governor, who shall be appointed by the Gov-
ernor General in Council, under the Great Seal of the Confedera-
tion during pleasure ; such pleasure not to be exercised before
the expiration of the tirst five years, except for cause, such cause
to be communicated in writing to the Governor imm(*diately after
the exercise of the pleasure as aforesaid, and also by message to
both Houses of Parliament, within the first week of the first Ses-
Hion afterwards ; but the appointment of the first Governors sh.all
be provisional, and they shall hold office strictly during pleasure.

39. The Governor of each Province shall be paid by the Gene-
ral Government.

40. The Local Government and Legislature of each Province
Khali be constructed in such manner as the Legislature of each
sucli Province shall provide.

41. The Local Tjegislatures shall have power to make laws
respecting the following subjects : —

1. The altering or amending their Constitution from time to
time.

2. Direct taxation, and, in the case of New IJrunswick, the

right of levying timber dues by the mode and to the ex-
tent now established by law, provid<»d 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
appointment and payment of Local officers.

.'». Agriculture.

fi. Immigration.

^'h.

f! ^

106 UKSOLITIONS ADOI'TKI) AT K)M'KKKN('K

7. Education : savin^j tin* I'ijjhiH and privlU';j«'H wliicli tli»*
rrotcHtant or Catholic minority in any rrovinc*' may
Iiavo by law as to denominational hcIiooIh at tlu> time
when the i'nion {^oes into oi>ei'ation. And in any Pro
vimi' when* a HVHteni of Hcparate or dissentient sclmols
l>y law ol)tains, or where the Lot-al Legislature may here
after ad<»i>< a system of separat*' or dissentient seh(M)ls,
an api>eal shall lie to the (lovernor General in Conneil
of the (Jeneral (lovernment, frcnn the aels and de(;isions
of the Local Anthorities which may alTect the rights or
privileges of the Protestant or ('atholic minority in the
matter of edncation ; and the (Jeneral Parliament shsill
ha\'e power in the last i-esort lo legislate on the subject.

S. The sale and management of public lands, excepting
lands belonging to the (Jeneral (Jovernment.

*.). The establishment, maintenance, and management of
l)ublic and reformatory i)risons.

10. The establisliment, maintenance, and management of
Hospitals. Asylums, ('liarities and Eleemosynaiy Insti-
tutions, except Marine Hospitals,
^lunicipal Institutions.

SIiop, Saloon. Tavern, Auctioneer, and other licenses for
Local Revenue.

Locil worVs.

14,

'M ;

Tlu' Incorporation of Private or Local Gomfjanies. except
such as relate to matters assigned to the General Par-
liament.

15. Property and civil rights (including the solemnization of
marriage) excepting portions thereof assigned to the
(Jeneral Parliament.

H», Inflicting punishment by fine, penalties, imprisonment or
otlHM'wise. for the breach of liaws passed in relation to
any subject within their jurisdiction.

17. The administration of Justice, including the constitution,
nmintenanee, and organization of the (courts, both of
Givil and (^riminal jurisdiction, including also the pro-
cedure in civil matters.

Ifi. And generally all matters of a Private or Local Nature
not assigned <o the General Parliament.

ii ,,

■^

m:i,I) AT V.'MSTMIN'HIKU I'Al.AfK MoTF.I., I.<»NI><|\.

!()7

4U. All ilif powers. privilt'H^cs an*! diilics ronfcncil :inil
imposed upon ('jitli<>Ii<' scpjiijite sdiools aiitl School Tnislccs in
rppei- rauiitlji. sliiill !)♦' exlended to the I'l'olestiiiit and Catholie
Dissentient Sehools in Lower Cainula.

4:?. The pow<M' of lespitiiiy;, rcp'ievin^, and pardoning, piison-
<M's convicted of crimes, and of commulin;; and remittinj; af sen-
tences in whole or in i>art which helonjfs of ri^iht to the Crown.
shuIJ, exc<'pt in capital cases, be administered hy the (lovernor of
each Province in (Jonncil. sul>j(Ht \o any instructions he may from
time to time i-eceive from th»' (JcmM'al (Jovernment, and subject
to any jH'ovisions tliat may W ntade in this bi'half by the (lenoral
Parliament.

44. In regard to all subjects over which jin-isdicitio'ii bebtnjjs
to both the (Jeiieral and L(»cal Lejiislaiiin" the Laws of the <}imi-
<'ral Parliament siiall <*ontrol ami supers d" those made by the
Local Lejjislature. and the latter sliail l>e vovl so far as they are
repiij^nant to. or inconsist«Mit with tiie foriu i*.

4.~. IJoth the Enf>iish and French lan^uaj^cs may be employed
in the (Jeneral Parliauu'ut, and in its proceediufjs, and iu the
LtH'.il T^'pslature of Lower Canada, and also iu the Federal
('(»mts. and in the (Courts of Lower Canada.

4t>. No lauds or property belonj^inix to the (leueral or Local
(loveruments shall be liable to taxation.

47. All Mills for apjtropiiatiufi' any jKirt of the public revenue,
or for imposiu}^ any tax or impost, shall orijj;iuate "n the House of
Commons, or House of Assembly, as the case may be.

45. The Hotise of Commons or House of Assembly, sball not
orli^inate or i>as.s any vote, Kesolntion, Addi-ess or Bill, for the
aj)iM'opriatiou of any part of the Public Kevenue, or of an}' lax
or impost to any j)urpose, uot first recommended by messaj;(' of
the Governor-( Jeneral. or the Governor as the case may be duriiij;
the Session iu which such Vote, Resolution, Address, or liUi
is j)assed.

4!). Any Bill of the General Parliament luay be reserved in
the usual manner for Her Majesty's assent, and any bill of the
Local Tve^siwbitnres may, in like manner, be reserved for the con
sideration of the Goveraor Gtnieral.

50. Any Bill ]>aRaed by the General Parliament shall be
subject to disallowancH' by Her Majesty within two years, as in

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\':i

los

uKsoi.rrioxs aixh'tkd at ('<»xii,i{rN<i:

JIT '

I?!

iGi

■Ki :;:ii

1 1

f ,

■■i

lln' raw (if HilU pjiHsrd liv tin* LepHlatun-w of \\w Haul rr«»vin(:«'j<
liiUu'ifo, and in Ilk** niiinn«M- nn.v Itlll panHcd by a Ivocal LckIh-
latmc Hliall 1m' subjiM-t to diHallowancc by tlu* tJovcnior (Iciiciiil
within one yrar ufl<M' tlir paswinj; tluMfof.

•Tl. Tlif H«'at of UovcinnuMit of tlu' ('onf«*d«'ration shull he
Ottawa, Hnbj«Mt to the Koyal Pn'roj^ativc.

T)!.'. Snbjert to any future action of tlu* I'fsix'ctivo Loral «iov-
<'nitn<>ntH. tlu' wat of lli«' Local rn)v«M'nnu'ntH in TpiKM* Canudii
Hliall Im' Toronto ; of liowci- Canada, Quebec ; and the seatH of (he
Local <iovernnientM in tlie otlu'r- l*rovin<eM niiall b* as at preH<«nt.

'>'.\. All stocks, cash, bankers' balances, and wcuritii'S for
money belonKin^ to each Province at the time ()f the Tniou. ex-
<ept as hei'einafter mentioned, shall belonj; to the (Jenerul (iov-
ernment.

54. The following Public Works and Property of each Pro-
vince shall belonj; to the (leneral (Jovernment, to wit : —

1. Canals.

2. Public harbours.

:{. Lifrht-houses and piers, and Sable Island.

4. Steamboats, dred^rea, and public vessels.

5. Rivers and lake improvements.

0. Railways and railway stocks. moi't};a)X*'S, and other debtK
due by railway companies.

7. Mf'tary roads.

^. Custonihouses. prist offices, and all othei* public buildingSr
except such as may be set aside by the (l.'neral Govern-
nient for the use of the Local Lejj;islatui'es and (Jovern
ments.

fl. Propei'ty transfei-red by the Inip<»rial (lovei'nment, and
known as Ordnance property.

10. Armouries, drill sheds, military clothing, and munitions
of war, and lands set apart for general pubii.' purposes.

55. All lands, mines, minerals, and royalties vested in Her
Majesty in the Provinces of Upper Canada, Lowvm- ('anada. Nova
Scotia, and New Brunswick, for the use of such Piovinces, shall
belonjr to the Local r}overnnient of the territory in which the
same are so situate ; subject to any trusts that may exist in re-
spect to any of such lands or to any interest of other pt^rsons in
respect of the sam<\

IIKI.II AT WKSTMINVIKIt I'AI.A* H IKdF.I., I.OXiloN. lOf)

.')«>. All Hiiins dm' from pnrcluisj'rs or l»'Hs<M'f» of sinli lantls,
iiiiiw's. or niincnils. iit llw (iinr of llw riiion. slnill also licloii};; to
the Loral <iovt'i-niii<>iil.

Tu. All UHwt'ts toiiiHM'h'd with siuli |»oifloiis i»r tlio rnhlii!
lU'bt of any I'rovliirc an afc assimu'd by tln' Lorjil (JovtM'imn'nls,
shall also bt'loiif; to those (lovt'i'iinn'iits icsiKM-livrly.

."S. The several Provinces shall i-elain all other |ml>li<' pro-
jM'rty Iheiein siilijeet to the rijiht of the <Jeiieral (loverninent to
assume any lands or public pr«»perty rt'quired for fortitleations or
the defence of the country.

oM. The (Ji'iieral (Jovernmenl shall assume the debts and lia-
bilities of ea«h province.

<iO. The debt of Canada not specially assumed by I'pper and
blower t'anada respectively, shall not exceed at the time of tiie
I'nion sixty-two million live hundred thousand dollars ; Nova
Scotia shall enter the Tnion with a debt not cxceedin;( eij^iit mil-
lion dollars, and New Hrunswick with a debt not exceedinjj seven
riiillion dollars. Ifut this stipulation is in no respect intend»*tl to
limit the powers unven to the respective Tiovernments of those
Provinces by Le;jfislativ(» authority, but only to determine the
maximum amount of charge to be assumed by the (Jeneral (lov-
ernmeut.

til. In ease Nova Scotia or New llrunswick shoidd not have
contracted debts at the date of Union equal to the amount with
which they are respectively entitled to enter the ('onfederatiou
they shall receive by half-yearly payments in advance from tli«»
(ieiieral (Jovernment, the interest at five per cent, on the ditVer-
ence between the actual amount of their respective debts and
such stipulated amounts.

<tL'. In consideration of the transfer to the CJeneral Parlia-
ment of the powers of taxation, the following sums shall be paid
by the ireneral (Jovernment to each Province for the support of
their Local Governments and Legislatures : —

Upper Canada ^SO.OOO

Lower Canada 7t),(HM»

Nova Scotia tiO.OOO

New Brunswick .">(),00()

l|2G0,000
iuul an annual grant in aid of each Pi*ovince shall be made, equal
to eighty cents per head of the population, as established by the
(^ensus of One thousand eight hundred and sixty-one, and in the
ease of Nova Scotia and New Brunswick, by each subsequent de-

. . <:

i I

U.if:€\

lU'-oi r 1 1<>\^ MioiM'i) A r < ..\i I in:N'i;

(riMiiill ('rilsiis until llx' |Mi|iiil;it inn ul' iix li nl l|i<i>tr I't'ovilKi 'M
'^IkiII iiiiioinii III liiiu Imiii<Iic«I iIimiismimI huiiIs. mI \\liirli nilp i|
^liiill I li 'I <':itii'i i< iiiiiin. Siit'li :ii<l sliiill ln> in f'lill ncI lli'iiinil oriill
liiiiiif <Iini;\inls ii|tr.n (ln' tliiiriiil 1 iovmiiiH'iil I'tM Itfi ill |tiir|M>M('H,
Miitl sliiill l)<> |);iitl Imir .\<>i\rlv in ikImmho hnni'li rruviiici> ; Inil Ww
<«<'HtM;tl ( iiMcnnni'iil sliiill «lr(liitl Ironi wnrli Hiilmidy iill hiiiiih
|>;li<i jis inlflTsI im \]\r I'nhlic Hrhl of ;Ui.v l*io\iii<(' ill rxtesM of
iIk' ;Mn<iiMil |ii<Miilri| niuit'i llir sistit'lli i i'mdIiiI ion.

<•;?. Tin' posilion of New nniiiH>\irK hcinii sncli jis lo riil;iil
I:tii;<' iinnirdiiil*' rli.itjri-s ii|miu lior locjii rcvoniit's. il in jifiioril
lli;il loi liic iMM'iod ot Ion vojiis from 'Ii • tiiiir wln'ii llic I'nioii
ijilvc; t 111 ri. ;\n ;\ililii ioni'.l iillow iiix i> of sixlv (Iircc (IioiihiiihI <IoI
l;ns |MM iumnut sli;ill lio iniMlc (•» lli:il l'ro\ iiici'. Itiil llini '•o
lunu i\s till li;\l>ilil.\ of ilijil rro\in«i' ri'iii.iins iiihIci' srvoii mil
lions of (IoIImis. m tlodmlion oipiiil (o (lie iiilorosl on hihIi <lo(i
< i<'H( \ <]\:\\\ li • niiiilo from liio sixlvlliii-c ilioiisiin<l «Ioll!ns.

t... All (MiLViiLiomonls lli.il niiiv. Itofoio (ho rnioii. lio (•Mf<'ro(|
into >\ iili (ho ini|tori;il ( iovoiiimont for (lio (Icfom'o of (lie coiinri'y
shall bo assnnuMl \\\ \\\v <ion('riiI < !o\ cniiiK'nl.

iiT). The rousir.K I ion <if i lie Inlci ( oloni.'il Kiiihx iiv lioin;^ «'SNon
lial lo iho (Oiisoliiiai ion of ihc Tnion of Hiilish North Aiiiori«'ii,
■.i\\<\ i(» iho ass(>nl of till' Mariiinic rrovinrcM (lic;rl.). il is iisir*^')!
ili.ii pi «>\ision lio inadf foi its iiniiMMl into < oust nnl ion li.v I ho < o'li
<'ial ( loxornmonl. ami iliai ilio linporial jiiiMraiiloo for ilii'oo mil
lions of pounds sirrliiii: plodp; d fof Ihis woiU ito Jippllod lhoi'o(»»,
so soon as i1h' notcssai \ anlhotity has Itcon «>ltlainod from llio
Impel ial I'ai li;!tnonl.

('.{I. The commnnit atioiis with tho Noith Wosloni 'rcfriltny.
and ilio improvoinonis ictpiiicd for iho dov(lt»pnM'nl of IIk- trado
of t]u> <iroat Wost with the Soa boai-d. aro i'oi:ai'd('<l Ity Ihis Con
rticiKo as snbjocis of iho hiirhosi imporlanco lo llio Confodorji-
liou. and shall bo pr<tsofniod at tho oailiosi jtossiblo period lliat
iho stato of tho Finamos will poiniil.

ti7. 'riio sanction of tho Imperial r;U'lianienl shall be sou^j^hl
for ilie liiion of the IMovinees on the j.i'inciple adopted by this
C'ouference.

tl>. That Her Majesty the <)neeii be sidiciled \o delei-iiiine

ilie tank and name of the (\uifetleratien.

lilt. That a <opy of these H< solutions signed by the (Miaii'iiuin

and Se«i-etaiy of tho Confevenc*^ be transmitted to tlie Itijjht

Hon(>iii-alile the Sen-etaiy of Stale foi- the <Nd<Mii;'s.

Til • ConfeitMue adjouiiied at six o'clock p.m. until Friday, the

jJStli lieceinber. at 111 (»"clo«k noon.

ifn

III,' n A I wr.sTMivsri It i-ai a' r, imiii,, i.oNimN.

i ■

HHroKT i^F DisciioSiONS London GoiiKKhKNCK

ri i;si>.\v. nil ih;("i;.mi'.!;i{, istic.

A I ;i !in( iiii>i. of tlic (IcjcfXiilfH lif'ld lliis diiv, I'rw-Hcnl :

Messrs. .l<»liM A. Mti('<loiiiil(i, riirlicr, <l!ill, Mchoiij^iill, ll(»vvhiii(l,

Tnpii.r. Ilniiv. Kilrlii.', A i<liil»;il<l. MrriiHv, 'I'illc.v, .Mil.licll,
r^islii'i, W'ilinnl ini<l .loliiison.

'riif New llniiiHwirk <l«'!r^jil<'H Htiilnl lliiil tlifir ;iiil lMnil y
(u ;i( I wiiM ('((III iii^«'n( ii|M)ii IJM'ii' Hcfiiiiiijjj llif conHlriiflioii of
ill)' liilrrriijuniiil Ikiiilw iiv, iiikI nM|ii<'Hl('<l IId' :)|)iiii(Mi of llir-ir i o
t|rir;;n(«'H. All ii},M'«'c(| liiiil llif idjid \v;iH (|t'sii')il»l»> iuid lli;it
|i rniiHsioii or scniiily loi- ils ronsl nid ion l»y ltii|)Ci'iiil iKlion
slioiiU! I«' iiHkcil. Aflcr ji hi'ici' «liiKciiHHion its lo IIk- Torin vvliicji
liiis aid slioiild Ink)'.

Mr. 'riijjM'i- s(;il,ci| I 111- jM't.i'iii IiMiJ ill I flfil ion l'» I'riiicc l'i)lw>ii)l
Jslini.l.*

If \\;is ;i<ii<'cd lli;il on jill (|ii)'stioiis <';iii;idii hIdiiiUI Ii;iv)' t\\)>
V)il)'s, Ndvii Sotliii iiixi New IJriinsw iik, oid- ''fDJi.

Til)' lirsl 'Jl> of 111)' r<'S)iliitioiis ))!' ilic (^id-I*)')' < ')>iit)'rcn()*
wcD' I hen )<>nsid('i('d.

Adjoiiincd.

\VKI>NKSI)AV, .-)TII DKriLMUKK, isc.i;.

rn'S)'iil, — All IIm' (IcIcjiiilf'S.

.Mr. .McCiilly sujij^fslcd lliiit nii iiitini}ili<m of tin* rncftin^ of
the d<'l«'jfat«'S be yivrii to llic i'oloiiiiil !>»'crt*tju-y. .\>iv<'<'6 to.'

* Sec Apiifndi.x No. VI.
+ .S<«' AjtiJi'iidix No. VI.

112

HEI'OHT OF DISCUSSIONS.

Tlu' Quebec Kesolnlions. bejiimiin^ with No. :50, vvtMe then
considered, and the followin;-; action had thereon : —

No. 'Ml Ml'. McDon^all snj;<;ested whether it wonhl be ad-
visable to fjive i)()wer to tlie (ieneial (lOVi'innienl to act with
foreign fJovernnients, Stand over. (Consnhir powers).

No. :n. Stand over.

No. :V2. Passed.

No. :{.'{. It is sujiscsted that ('ounty Courts be establislie.l

and ajipointed in all the I'rovinci's.

No. .",4. Passed.

No. ;55. Passed.

No. .'J(I. Powers be fixed. Inn)erial Parliatneni. Passed.

No. .".7. I'asstd.

No. 08. Stand over. (Case of illness).

No. oJ>. In case of death or absenc*' of Lieiitenant-(iover-

nor. who to be Administrator ?

No. 40. Out.

No. 41. l*assed.

No. 42. Passed.
No. 4:5.

(1) Stand over.

(2) Passed.

(3) ^ Fussed.
(4) ' Passed.

(5) Passed.

(6) Passed with Mr. Gales amendment.

* Mr. Gait moved :— That the following words be added to and form part of the 0th
sub-section t)f the 43rd clause :

" And in any Province where a .system of Separate or Dissentient schools bylaw
obtains, or where the Local Legislature may hereafter adopt a system of Separate or Dis-
sentient schools, an appeal shall lie to the Governor in Council of the General Govern-
ment from the acts and decisions of the local nuthorities which may affect the rights or
privileges of the Protestant or Catholic minority in the matter of education. And the
General Parliament shall have i)ower in the last resort to legislate on the subject."

The above amendment is in the handwriting of Mr. Gait. In the left hand corner
is the following memorandum in the handwriting of the Chairman (Mr. John A. Mac
donald) :—

Nova Scotia — Yes.

New Brunswick— Yes.

Canada— Yes.

.^^SL

I ! I

1). 1]

^'t'i^

J\r^^^ ^^e ^r^^^, *%/-

^^ /^..

>^-^-^^-t^ u/

If ^

t4 f^ "^

A '^ {l/i'^^^.^zx^.-^

\\\ n

LONDON' CONFEKENCE.

113

(")

Considered.

(8)

Stand.

(0)

Passed. (Penitentiary).

(10)

Passed (except Marine Hospitals)

(11)

Passed.

(12)

Passed.

(13)

Pas.se d.

(14)

Passed.

(15)

Passed.

(16)

Passed.

(17.)

Passed.

(18)

Stand.

\.djoupned

1 /•

I il

' t

THIHSDAV, ()TH iJECIvMIiKi:. iSCt;.

The consideration of tho Re.soliitions of the Quebec Confer-
<?Dce WHS proceeded with.

No. 44. Stand over. I'ardonin^ power to be amended.

No. 4.5. Passed.

No. 40. Passed.

No. 47. Passed.

No. 48. Passed.

No. 49. Passed.

No. 50. Passed.

No. 51. Passed.

No. 52. Passed.

No. 53. Passed.

No. 54. I'assed. Proviso to be put in to omit appropria-
' tions of the current year.

No. 55.

(1) Passed.

(2) Passed.

(3) Passed.

(4) Passed.

(5) Passed.

(6) Passed.

(7) Pas.sed.
roPK CON. — 3

CT»

11 '

is' 41

I I i

114. KEI'OIIT OV DISCUSSIONS.

(S) an«l (11) To bo furtlier considered in relation to
appropriation oi public buildin<fH and landH for
local or general purposes.

(9) Passed.
(10) Passed.

Xo. no. Stand.

No. 57. Stand.

No. ns. Stand.

No. ni). stand.

No. (>0. Passed.

No. (II. Stand.

No. 02. Stand.

No. <;:{. Out.

No. (54. Stand. Mr. Tille.v su^^jiested that the eifrhty cs^nts
be i-ontinned as a regular increase until population
j;'oeH up to half a million.

No. (;5. Stand.

No. (»(). Out.

No. (;7. Stand.

No. (>.S. . assed.

No. 00. Passed.

No. 70. l»assed.

No. 71. Stand.

No. 72. Out.

1*1

THUKSDAY, KiTH 1)E('EM15KR, 18(i<5.

The Resolutions of the Quebec Conference, be}i;inning with
number one, were considered.

No. 1. Word "Federal " objected to by Mr. Henry. To be
considered.

No. 2. The term " Federation " to be " Confederation " ;
'' would be " to be '' is." The words " Prince Ed-
ward Island " to be dropped the first place they oc-
cur.

No. .'J. Agreed to previously.
No. 4. Agreed to previously.
No. 5. Resei'ved as to Representative of the Sovereign.

LONDON CONFLUENCE.

115

Mr. McDoiKjall — Why assert tlmt the Sovcrei<,'n is Com-
mander-in-Chief when it is part of the constitution of EnLfland ^

Mr. Mucdonabl — I am not prepared to admit that. The
Sovereign is not absolutely tlie Coinmander-in-Chief of the
militia of England e.vcept by proclamation.

Mr. Mclhtaijull — I am prepare<l to 140 the same lengths as
is constitutional in England.

.]//'. Mnedomdd — Read it in connection with the third
resolution.

Mr. Topper — Then constitutional advice will bo necessary.

Mr. Mdcdonald — Any powers given by statute to the Sove-
reign must be exercised constitutionally.

.1//'. McCallij — If any doubt remain on the point, it would
rcfiuire delegation from the Queen in her Conmiission to the
Governor-General.

It was agreed to strike out the words "or Representative of
the Sovereign."

No. (i. Mr. Tupper proposed " Confederation " in lieu of
" Federated Provinces." He said the term " Local Legislature "
and "Federal Parliament" are used advisedly. The tlistinction
1 ireaks otF here.

Mr. Archibald proposed that " Legislature " be designated
" I'ai'liament."

Mr. .Macdonald proposed that the words '" the Sovereign " bo
inserted immediately after the words "composed of. ' Agreeil to.

No. 7. ]\Ir. Macdonald proposed that the word " Confedera-
tion " be substituted for " Federat*"! Pi'ovinces," and that the
words " Prince Edward Island " be omitted. A'^reed to.

No. 8. Mr. Tupper — I propose the third division shall stand
giving Nova Scotia and New Brunswick the full number, to fall
Imck to the number prescribed as vacancies occur. This is the
plan of Messrs. Cartier and Langevin and is reasonable. Omit
word " three," give Nova Scotia and New Brunswick twelve each,
and add a separate clause like number nine to meet the case of
Prince Edward Island.

■ \ rl

! ,

lie

IlKl'OUT (H" DiscrssioNs.

1 11

r i,

.1/7'. Milrlif/I — Any n'pi'CHcnbvtion of I'liiicc Ivlwnid IhI.uuI
should 1)0 tiikt'U out of the wliolt! without .sjujcifyiug the iuiiiiImt
here I'or thoiii.

Mr. Mdn/onuld- \ think we should iidhoro to tho luunhcr of
Wniv for l*rinc(j ICdwnrd Island.

Mr. Tuf)}>('r — I a^rco with iMr. Mitchell.

Mr. 7'llh'i/ — It is for tho (Jeniirul ( JovcrMuiont to .settk' with
I'riucc Kdward Island.

Mr. liifrliic — (.!ana(hi uviy hrini;- in I'rinco Ivlwaivj I.shiiid,
and in so doinjr sacriHco the Linver l*i-ovince.s. Therefore deliii"
the nuuiher at once.

.1//'. J''i.'<lirr — \t wouhl be a j^reat evil to leave th(! matter
open. I'rescrihc the niinibor now to prevent heartl)urnini;s in the
future. I'rince Kdward Island may luive two, four or six. 1'en
each for Nova Scotia and New Brunswick is sullicient. Do not
cliange that number.

Mr. Jloiri/ — The entrance of Prince Kdward Island would l)e
specially the object of the Lower Provinces. It is safe therefori-
to run the risk that Canada will not act adversely to the Lower
Provinces. It is not the interest of Canada to u,se power
improperly.

Mr. JolDison — You will create a diillculty between Xova
Scotia and New Hrunswick. The former may want a preponder-
ance.

Mr. Tupper — I move that : —

In c»se Prince Edward Island is admitted into tlie union its representation in the
Legislative Council shall bo four, to be appointed from Nova Scotia and New IJrnns-
wick as vacancies occur.

Mr. Mitchell — That does not meet my objection. I think four
was orio^inally too large a representation for Pi'ince Edward Island.
Discretion should be allowed.

Mr. WUrnot — The number was fixed upon at the Quebec
Conference and agreed to by the delegates from Prince Edward.
Island. It should not now be altered.

l,ONlH)N CONKKUKNCK.

117

Mr. li'itfh'ic — I HUf,'}jjt'.sfc provision that in no c»vho Hlutuld Nova
Scotia or New lininnwick liavo icvver than t«'ii.

Mr. (itilf — That coiiiea to tlic name thiufjf.

Mr. Mdiuhmalil — It will {five confidence to Prince Kdward
Island to leave it as it is. lint yon may limit th<! tim«;. The Con-
I'cderation Parliament alone can admit Prince Kdward Island, and
it will 1(0 a^^ainstthe interest of the I^ower Provinces to cut them-
selves down to eij^ht each in order to admit ol' Prince Kdward
Island having; four.

Mr. Cartier referred to the Charlottetown Conference. There
it was understood the Lower Provinces were to l)e accounted a«
one, but not Newfoundland. They came to Quehec oidy.

Mr. Tapper moved : —

That the MpiiibcrH of tho Ii«igiHlative Council for tlio Confederation ahall in the tint
iriRtanco Ix) a|>iK>int«(l n|)on the nomination of the Kxecutive (!ovArnment of Canuiia,
.Nova Suotia, and New liriiniwitik r«Mj)ectively, m\i\ the number allotte<l to each Pro-
vince Hhall l)e nomiiiated from the Lef^inlative Couneiln of the different J'rovinceB, dim
refifard being' harl to the fair reprewentation of lK>th i>olitical partieH ; but in caae any
iii('ml)er of the Local Council ho nominated Hhall decline to accept, it nhall Ix com(>etent
for the Executive (ioverninent in any Province to nominate in his place a person wiio in
not a member of the Local Council.

Mr. Archibald moved : —

Tliat the Province of Prince Edward Inland when a<lmittcd into the Confederation
shall Ik) entitled to a re jtresentation of fi<>ir MemVu-rs in tlie Lejfinlative Council. Hut
in such case the numbers allottt^d to New IJrunnwiok and Nova Scotia nhall b<; diminiKhed
to ten each, such diminutiim to take |)lace in each Province as vacancies iKicur.

Mr. Henry — What we should do is that which will Ijind
some one.

Mr. Oidt — Unless specitically provided for, there would be no
power to reduce Nova Scotia and New Brunswick afterwards.
Resolution as amended carried.

Mr. Henry — Do not say " when," put " if.''

Mr. Fisker — All these (juestions must come up again in the
Bill.

Mr. Gait — To the Legislative Council all the Provinces look
for j)roteetion under the P^ederal principle. Therefore, we
should In this respect define now the extent to which we shoidd
settle the constitution of the UpiMM' House.

'I 'I

lis

iiKi'oiiT OK DiscrssioNs.

IK >ii

\Fi'. Ji)linx(n) — Tlu' Coloiiiiil OlVu'c tftok (»l)jrctinii to ii tixtMl
luimlMT. 'I'lit^y <lt!pJvcato<l a CJi.st iron I'ulc

Ml'. Tiipiirr — True, Mr. (.'ardNvcIl so sjiid, l)ut I think it •!<•-
wirjil>l<' to llx il. In tlic MiiriUnic rrovincfs we fell Dial tin
j^ical pi'cpoinlciancc of Cainnla (•(HiUI only be ;;uar(l»'(l aj^ainsi
by «'i|iial r«'|H('S('ntalion in the Lrgislallvt' r/onncil. If an in
crease (-onhl be nia«lo by the (Irowii it niij;lit distnib ilu' idaliv-'
]>rop()rtionM. II may liniil tin- Crown to dcliiH' tlw nnnilicr, bnt
it <an't be lu'lpcil.

Mr. lloii'iniil — I (lid not conHidcr tho mode of ap[)oliitnu'nts
so mncli as tlie luunber and (hwation.

^1//'. Ilriir;/ — 1 o])pose tlio limitation of niunbci'. We want a
(•(Mnplele work. I )o yon wisli to slei'eotype an Tpp-r IJi-ancb,
irresponsible both to the Crown and the jx'ople ? a thirtl body
interposed nnacconntable to the othei' two. Tin* ('r(>wn niiable
to add to their nnmber. The people nnable to remove them.
Snpjjosc a j-eneral ehMtion icsnlts in the election of a larj^e ma
jority in the Lower llonse favonrable !<► a nu'asnre, bnt the
Le^rislative Conncil prevent it from becondnj; law. The ('I'ovvn
shonld jiossess sonu* power of enlarj;ement.

Mr. Tiipjiir — I a<,nv(' with ]\li'. IJciny: Imt he does not re-
ded that this is n(»t a Lef^islative I'nion. ami we liad sectional
and local dilTei-ences. Lower Canada and the Lower I'rovinces
recpnre sonu' ;;narantee. No ad<lition wmdd be re(pi1r<'d except
in case of a dead lock, when the Ciovernm<*nt of the >ii>,;- ^vonl(l
appoint men pledjLjed befondiand.

^fr. F'slif'r — The preronatiNe of the ('rown lui i jeen only
occasionally nsed, and always for jjood. This new-fanj^led thinj;
now intiodnced, 7'2 olijiarclis. will intrialnce tronble. I advo
cate the pi'inciple of the power of the Crown to appoint addi-
tional memi)ers in case of enu'rjicncy.

Mr. Til/ci/ — I aoree with Dr. Tapper. Onr ])rotection is as
now settled. The objection was that I'pper ('anada wonld
swamp the Lower Provinces. What is the Crown ? The (Jov
ernment of the day.

^fr. Hoirhiixl — I admit that if the Government is to be con-
stitnted on the Federal principle, the nnmber shonld be fixed
and to represent localities. I am in favonr of the Federal pnn-

:fPI''

\^\

LONDON' (ONIKItKN) i:.

I!>

ciplr, iiinl I think tliiit iFyoii liiiv(>ii I''i'i|i-i-iil riii-liaini'iit you iiniHt
not ;;ivt' power to tlicrfown lo iiiciriisi' IIm* iniiiiln'r of the hc^is
liilivc (Jonncil. Tliiily Hfvcn iiu'IiiIm-is of tlial Mouse may say
at any tinir wliat tlic (Sovfi'iiinciii sliall ixi <lo, ami !)(> a<-rouni
al)l*' to no one. .My i-eme<ly would l>e to limit the period of Her
vice and vest the appointment in the I^ocal Iiep:isla tares. It
would tlieii ))(> a ti'iii* Federal I'ailiament. Now it is an anoin
aly. It won't work and cannot he <-ontinued. You cannot a'wi^
tli('('i'own an unlimited |)owei- l(» appoint.

Mr. A n-liihiili/ — This lies at the root of ouf whole scheme
tlu» spii-it of which is that each IMovince shall be sectionally ic
presented ill the lie;;islat ive Council. The I'ltper llousi- may
disa};r(M> with the House of Cominons. Its value will he that of
(M-casioual obstruction.

Mr. McCiilhi — There are <litliciilties on lioth sides. Is there

n<» escap<> from them

I feel that we arc now touching; tin'

verv life of the whole scheme. If we <'rr, I lie wliole scheme will

come down some time

Mv views, as we stand t(>-dav, are : —

Ih'i'e we are three I'rovinces. Dead-lock arises. Necessity for
creation oflhi-ee or four additional members of rpjx'r House
imperative. Why not trust the K.xecutive iJovernment t(» aj»-
]>oiiit one from I'pper Canada, one fi-om L()wer Canada, and one
from the .Maritime I'rovinces ?

Ml'. Miicdinxdil — We are all ui;reeil tiiat eneli of the divi-
sions Hhould be equally represented, and should not be varied.
If any addition is made it must be in ecpial jtroportions from ea< li
division. Thai is a limit to the prero;;alive.

Ml'. W'duiot —i a<;ree with Messrs. Tilley uu<l Tuj)per as to
the neci'ssity of keepinj; sectional i-epreseiilatives. but I disap-
prove of cast-iron rules. Prefer mode of increasinj;- iiiimber re
hitively. Instead of the Crown appoint inj;:, I W(»uld i»refer choice
by joint ballot of Local Le};islatures.

Mv. I.

j(l iKJl'i'i D-

-If

'ou '<:

i\e power to swamp the fjen'islative

('onncil then you destroy its utility. Lower Canada insists that
each of its present divisions shall have a rei)resentative in the
(Vmncil. that is the exMstln^f divisions. If yon }>;ive power to the
Central (lovernment to increase the number yon <'han<;e the pr».-
portions. This has been settled to tim satisfaction of Iloman
Catholics and Protestants, Tintish and French.

No. 9. A^'reed to.

Adjourned.

11^ ^

W '

120 REPORT OF DISCUSSIONS.

FKIDAV, 14TH DECEMBER, IHiO.

The consideration of the Resolution** |of the Quebec Con-
ference was proceeded with.

No. 10. Af^reed to, omitting words " Vancouver Island."

No. 11. Stands.

No. 12. Mr. MacdoiKild — At the Quebec Conference we
were all in favour of a higher qualification, but it was reduced
to suit Prince Edward Island and Newfoundland. (It was
agreed to strike out part referring to Prince Edward Island and
Newfoundland).

Mr. Tapper — I move that the word " real " be struck out. I
should be willing to strike out the property qualification alto-
gether. If the ofWce were elective, it might be different. If a
qualification be thought necessary, tiieu $4,000 is too insignifi-
cant for the Parliament of the Confederation. Suppose a man
with f 50,000 worth of shipping. Should he be ineligible because
he had not land worth ?4,000 ?

Mr. Fisher — I differ from Mr. Tupper. I would vote for a
higher qualification. If a man has $50,000 let him buy land and
pay taxes on it.

Mr. Tupper — In Nova Scotia we have no property qualiiica-
tion for the Legislative Assembly.

Mr. Fisher — We have in New Brunswick.

Mr. Wllmot—I think ^4,000 too small.

Mr. McDoiifjall — I desire to raise the question whether mat-
ters settled at the Quebec Conference can be changed. Cana-
dian d(»legates are in a different position to those from the Lower
Provinces, As to any subject which has not been agitated
in the Lower Provinces, do we not lose time by arguing them as
they should not be altered ? Is Conference as a whole at
liberty to vary these resolutions ?

}fr. Mitchell — I would have taken the same ground. As
regards New Brunswick, I look on our position here as not to
opt and discuss old resolutions, but as to certain and specific
objections to that scheme. That is my individual \iew. Hav-

■MI

LONDON' CONFERENCE.

121

ing gone twice to the people on the (^nebee sclienie, 1 eaa aa.v
that there are two leadinj^ features objectionable to New Jtruns-
wiek : —

(1) Representation in the Lej;islative <'ouncil.

(2) Financial arran}j;enients.

They also demand more dettnite mention of the Intercolonial
road.

Mr. MeCalh/ — Wo have ailopteil the (,^)uebec scheme as the
backbone, but I tV.ink \\v are here to brinj; our judpnent and
maturer reflections to bear upon it. We are tied down to no-
thing. but should not depart unnecessarily from the Quebec
scheme. I will act with the majoritj' of the Conference, al-
though contrary to my own opinion.

Mr. Maalonald —The Maritime delegates are diflerently
situated from us. Our Legislature i)ass<'d an address to the
Queen praying for an Act of T'nion, on the basis of the Quebect
resolutions. Wi^ replied to en^juiries in our last Session of Par-
liament that we did not feel at liberty ourselves to vary those
resolutions. It is quite understood in Canada, though never re-
iluced to writing, that if any serious objection shcmld be made
by ihe Maritime I'rovinces, we should be prepared to listen and
consider.

Mr. Fiftltcr — I liave heard forty objections in New Bruns-
wick to the scheme, but shall act on my own judgment. But this
matter will be s;'ttled on the basis of the Quebec scheme.

Mr. Rifrhie — I entirely concur in the views of Mr. Mac-
dduald. Rut we of the Maiitinu' Provinos may bring forward
matters for discussion. In the Legislature of Nova Scotia it
was understood that all matters should be entirely open.

Mr. .ToJiiiMn — The Quebec sclicuie should be the basis, but
we may agree upon some alterations, and these may nn-essitate
other changes.

Mr. McDougall — I have felt my hands tied and Mr. Howhmd

so.

Mr. Galt — l look on myself as bound l)v tlio (Quebec scheme
as assertwl on two occasions in Canada. The real points upon
wliich we might vary them are those which were notoriously ob-

■ :1::1

%\^

^■,'i

5S>

'ii '

}

12-2

HKI'OKT OF KISCL'SSIONS.

jcctc'd to in the MariMine IMovinct'S. lint in Ji malt*'!- of detail
I think we slionhl not depart fioni QneluM', I \va« in ravonr of
a larp:er (inalification tlian |4.()(M>, bnl wonld not now vary it.

Mr. Hoivkni'l — Wo place ourselves in a false position in
evorv depart are fi-oni the Quebec scheme. Dnt in advocntinj;
an alteration on the (jnestion objected to by the Colonial Otti e
(limit of preroj^ative) I ihonyht we had fall power.

Mr. Mdcdonahl — 'llie (.■onference can now (piite understand
our position, and we nniy now j^o on. ^^'e are (juite free to dis-
cuss points as if they were open, altliouj;h we may be bound to
adhere to the (Quebec scheme.

Mv. }h-CvJl;i — I think it mii>lit 1)0 well tn have had a higher
qualification, but not to change now.

Ml'. ArchlhalJ — I n»ove continuance of property (|ualitication
in the Province for which the member is ciioseii. Agreed to.*

*^*' No. K5. Agii'i'd to.

^ No. U. Stands.

No. in. Agreed to.

No. 1(>. Agreed to,

Xo. IT. 1M4 leduced to ISl. Prince Edward Island and
Newfoundland struck out.

\o. IS. Agi-eed to. "The tirst general election afiei- " to be

insei-led after " until."
No. VX Stands.
No. liO, Agreed to.
No, LM. Stands.
No. '2-. Agreed to.
No. 2.".. To be modified.
No. L'4. Struck out. See 11.
No. 25. Stands over.
No. 2(1. Agreed to.
No. 27. Agreed to.
No. 2S. Agreed to.
No. 2!>. Stands for consideration.

• Apparently this noncludes tlu' work of tin- -tiiv What follows inrlioatns the prn-
cedure witli respftt to the reniaininjf i-liiiise.s, though the date.s on which they were
•severally ih':ilt with in Conference are wanting.

'r'i

I-ONDON (ONr'KliMN'CK,

12.J

HOUGH DRAFT OF COXFEIIENCF.

Be it en'actei) bv the Qkeen's most Excellent Majlsiy, 1'V
and with the udvice and consent ot" the Lords Spiritual
and Temporal and Commons in this present Parliament
nssc)nl>!e<], and i>y the .'inthoiMty of the sdiiif, as follows: —

1. Ir Hhiill he liiwfid for Ilei" .Maji-siy, with the advice of liei
Trivy Cotnu'li. to deehire, or to anthorize the (lovernor-(5eneriil
to declare hy prochinnuion. th:it the Provinces of ('iniiuhi, Xovji
Scotia, and New Ih-unswick, npini, from, iind after a certain day
in sucii proclamation to he ap|>.>inted. which <hiy s'.iall he within

cdeiuhir months next after liie ]>ass
Inj; of tins Act, shall, foi* the ])urposes hereof, foi-m and he (»iie
Province or Confederation, nndei* the name of

and thenceforth the said several I'rovinces sliall
constitnte and he one Pr<>vince oi- Confederation, nnder the n.^mie
aforesaid, npon, from, and after the day so a|)pointed, as afore-
said.

( J KXi: I{A L ( J()\' ERNM EXT.

'2. Till' lOxetiitive Anthority oi' (lovernment. s<) far as may
he necessary for (he purposes of this Act. shall he and coniiinie
to he vested in the Queen of the I'nited Kin^idom of ( Jreat IJidtain
and Ir(dand, ti) he administered either personally or by represen-
tatives npon the principles of the P.ritisli Constilution.

.'5. The Queen slndl he Connnander-in Chief of the land artl
naval militia forc<'s.

4. There sliall he within the said Conf deration a ParliauK'at
coMiposetl of the (^ueen. Legislative Council, and a House of Com-
mons.

LE(;isLATi\E corxciL.

r>. There shall he 7- Memhers in the Legislative Council, and
for the purpose of constitutinji- such Le^dslative Council the Con
federation shall he deemed to c(msist of three divisi(»ns. each to
liave an equal representatimi, that is to say : first, the Pi'ovince
of I'pper ('anada, l.*4 ; second, Lower Canada. 24 : third. Xova
»^cotia and New lirunswick. 24 ; heinj; 12 to ea(di.

<>. After the admission of Prime Edward Island into the Con
federation, the representation of Xova Scotia and Xew Hruns-

.a/T

124

IlEroilT OF DISCUSSIONS.

I-; II

wick in tlie Lej^^islative Council shall be reduced to ten each, such
reduction only to take place on the occuri-ence of vacancies by
death or otherwise.

7. The colonies of Newfoundland and Prince Edward Island,
the North Western Terrritory and British Columbia, shall be ad-
initt<'d into the Confederation on such terms and conditions as
the Parliament shall deem equitable, and as shall receive the as-
sent of Her Majesty, and in the case of Newfoundland, Prince Ed-
ward Island, and British Columbia ;!,' shall be agreed upon by
their n sj>ective Legislatures, but New;ourd!and and Prince Ed-
ward Island, when admitti^, shall each bo entitled to a repres<ni-
tation in the Lej^islative (\)uncil of four Al; • bers.

8. The Members of the Legislative Council shall be appointed
by Her Majesty under the Gi-eat Seal of the Confederation, and
hold their seats for life, subject to the provisions hereinafter com-
tained for vacating the same. Every person so appointed shall
be a British subject of the age of thirty years or upwards, and
shall at the time of such appointment reside in the Province for
which he is appointed, and shall be seised in fee to his own use of
real estate therein of the value of ^4,000 over and above all in-
cumbrances, and shall be worth that sum over and above all his
debts and liabilities. l*rovided, in the case of Lower Canada,
every person appointed shall be a resident of the said Province,
and shall reside or possess his qualification in the Electoral Dis-
trict he is appointed to represent, as is mentioned in Schedule A,
Chapter 1, of the Consolidated Statutes of Canada.

9. Nothing hereinafter contained as to the residence of Legis-
lative Councillors shall apply to any person holding an official
pirsilion which requires his attendance at the seat of (rovernmeut
during the term of his office.

10. If any Legislative Councillor shall, for two successive
S<'ssion8 of Parliament, fail to give his attendance in the Legis-
lative Council without the permission of the Governor-General,
or shall take any oath, or make any declaraticm or acknowh'dg-
ment of allegiance, obedience, or adherence to any Foreign Prince
or Power, or shall do or concur in or adopt any act whereby he
may become a subje<'t or citizen of any Foreign State or Power,
or whereby he may become entitled to the rights, privileges, or
immunities of a subject or citizen of any Foreign State or Power,
or shall cease to reside in the Province f . i- which he is appointed,

LONDON CONl'EUENCF..

125

cessivp
eneral,

reby bo
Power,
'pes, or
Power,

pointed,

or. in the case of Lower Canada, in tlie EUn'toral Distrli t. as heriin
piovided, subject to the exception as to Officers of tlie (iov(?rn-
nient hereinbt^ort? provided, or shall cease to hold the proi)erty
tiualiflcation hereinbefore mentioned, or shall l)econie bankrupt,
or take the benefit of any law relatinj? to Insolvent I) 'btors, or
shall become a jiublic defaulter, oi- be attainted of felony, or of
any infamous crime, his seat in the Legislative Council shall
thereby become vacant.

11. Every Member of the Lej^islative Council before he shall
sit or vote therein, shall take the oath of allcfjiance to Her Ma-
jesty before the (iovernor-General, or some person or persons
authorized by him to administer such oath, and shall also make
and subscribe a declaration in writinj:: under his hand, and de-
liver the same to the Clerk of the Council, which declaration shall
be as follows : " I, A B, do declare and testify that 1 am by law
duly qualified to be appointed a Member of the Lepslative Coun-
cil of Canada, and that I am duly seised of an estate in fee simple
to my own use, in lands or tenements, in (here set forth the place
where such lands are situate, and a particular description there-
of) of the value of |4,000 over and above all incumbrances af
fcctinj? the same, and that I am worth that sum over and above
all mv debts and liabilities, and that I have not collusivelv or
colourably obtained a title to or become possessed thereof, oi' of
any part thereof, for the puri)ose of enabling? me to become i.
member of the said Legislative Council." And every Member
who shall sit or vote in the Council before making and filing such
declaration as aforesaid, shall be liable for every day he shall
so sit to pay the sum of f 500, to be recovered by any person who
shall sue for the same, and whoever shall wilfully, falsely, and
corruptly make any such declaration or affirmation, shall be
guilty of perjury, and suffer the pains and penalties therefor.

12. If any question shall arise as to the right of any i>erson to
hold his seat in the Legislative ('ouncil, it shall be heard and de
t^rniined by the Legislative Council. But it shall be lawful
either for the person resi>ecting whose seat such question shall
have arisen, or for Her Majesty's Attorney-Ceneral or other
principal Law Officer of the said Confederation, to appeal from
the determination of the said Council in such case to Her
Majesty, and that the judgment of Her Majesty, with the advice
of Her Privy Council thereon shall be final and conclusive in
the premises.

'-T_?

1-20

KKI'itliT OK niSCL'SSIONS.

1 '

V'H

1 >•

i:{. Any Mombci' of the Lc^ishitive Council may, by writing
undci' his hand addrcssc^d to the (lOveinor-Cieneral, resiji^n his
Heat in the said Lej^ishitive Conncil, and upon such resi}j;uat1on
the seat of such Lej^islative Councillor shall become vacant.

14. The (Joveinor (Jeneial, unless otherwise providid by
I'arliauient, shall ai)i)>tint durinj; ])leasure one of the Mt'uib(»i'H
<(f the Lej^isliitive (Council to be Si>eaker tlu'reof.

1."). The presence of at least Members of the Le<;islative

Council, ex«-lusive of the Sjx'alvor, shall be necessary to consti-
tute a nu^etinj; for the exercise of its powers, and all (piestions
wliich shall arise therein shall be tie ■H^l by a majority of voices
of the Members present, othei tli.i.) liie Speaker ; but wIumi the
voices are equal, the Si>eaker shall have the castinj? vote.

10. The Lejj;islative Council, or i. t' ^it-mners thereof, shall be
entitled and exercise as a Jiranch of the Lej,'islature within the
Confederation all the powers and privileges, and be subject to all
th(^ !-esponsi'bilities and duties which the House of Lords in Eng-
land, or the Members thereof enjoy, or are subject to, except a»
hireiu jaovided, and also as to what apitertains to the judicial
functions of the House of Lords.

17. The Ciovernor-General shall in the first instance appoint
the Members of the Legislative Council upon the nomination of
tl'.e Kxecntive Ciovernments of Canada, Nova Scotia and New
llrunswick, r«'speetively, to be selected from the Legislative Coun-
cil of each Province ; but if any member of such Legislative
«'<Mincil so nominated shall not accept such nomination, the
Kxecntive (Jovernment in any Province nuiy nominate in his
place a person who is not a member of such Legislative Council.

HOUSE OF COMMONS.

IK. The House «>f Commons shall be constituted u[»on the
basis of representation by population, and shall consist of 181
•Members, distributed as follows : — To Upper Canada, 8U ; Lower
Canada, (Jo ; Nova Scotia, IJ) ; and to New Brunswick, 15 ; and
after the decennial census of 1S71, and every decennial census
thereafter, upon the termination by a dissolution or otherwise of
the Parliament then existing, the representation from each Pro-
vince shall be readjusted, and for that pui-pose Lower (Canada
shall always be assigned (J5 Members, and to each of the other

I :! •

L(JND( )X ( •( )N FEUENCE.

127

rrovinccs at each readjiiHtmcnt shall be assi;j;nt'd the niiinhcr of
Mcuibers to which it will be entitled in the same ratio of repre-
sentation to popnlation as Lower Canada will have.

10. In the computation at each decennial period of the nnm-
l)er of Members to which each Province is entitled, no fractional
l>art shall be considered, except in cases when any such frac-
tional part shall exceed one-half of the number which would
entitle a Province to a Member on the basis of popiilation, in
which case a ^lember shall be assijjned for each such fractional
part ; and no reduction shall be made in the number of Members
to be returned by any Province unless its population shall have
decreased relatively to the population of the whole ruion, to the
extent of five per centum.

'20. The Parliament may at anf time increase the number of
Members in the House of Commons, but such increase shall l)e
in the jtroportion to which each I'rovince would be entitled
under this Act.

21. T'ntil provision is made by I'arliament, all the laws
which at the time this Act comes into operation are in force in
the Provinces, respectively relatinfj;' to the qualitication aiul dis-
([iialitication of persons elected or entitled to sit and vote as
.M<'nih:'rs of the Assembly of the said I'rovinces res|>ectively. or
iclatinp; to the qualification or disijualitication of Electors, or to
the oaths to be taken by Electors, or to returninj^ officers, their
Itowers and duties, or to the proceedinf^s at elections, or to the
manner and time of holding and conducting such elections, except
as to Electoral Districts, or to the trial of Controverted Elec-
tions ; and all proceedings incidental thereto, or relating to tlit
vacating the seat of Members, or to the execution of new writs
in case of any seat being vacated otherwise than by a diss(>lution,
shall respectively apply to elections of Members to serve in the
House of Commons for those Provinces respectively.

'2'2. The (lOvernor-Creneral shall within after

this Act comes into operation, cause writs to be issued in such
form as he may prescribe for the election of Members of the
House of Commons, and within after the return

thereof, summon Parliament for the despatch of business, and in
case any vacancy should occur in the House of Commons before
provision is made by Parliament, such vacancy may be filled,
iiiid writs therefor may be issued in like manner.

! I;

A^ .

HE)

I' H!

I2N

KKI'OHT OF DlSCl'SSIOXS.

'2'.'. X«) MoiuIht of \\\o IloiiHc of (/oniinoiis Hhall 1>«' p«'nnil(«Hi
!<► sil or vote thon'iii unMI he shall hsivc laUeii Iho oath of allejji
uiicc to Her Majrst.v before the (lovernor-CJeneral, or other jht
son or persons atitliorised by iiini to administer such oath.

L*4. The House of Coninions shall, ni)on their lirst ass<Mnbrni^
after every j;<'noral election, proceed forthwith to elect one of theii'
MenilHM's to be Speaker, and in the case of his death, resif^nation
or removal by a vote, shall forthwith proceed to elect anolher
of such Menjbers to be such Speaker, and the Speaker so elected
shall pi'eside in the said House of Commons.

2't. Tpon any jjeneral election the House of (>ommons sliall
be com|>etent to proceed to the despatcrh of business at the time
appointed by tlie (}overnor-<ieneral, provided that no more than
tive of the wiits of election shall not have been returned, or thai
in anv of tlie Electoral Districts the elect(»rs shall have failed to

elect Ji Member to serve in the said Ho»ise of ('om nons.

2(i. The presence of at least Members of the House

of Commons, exclusive of the Speaker, shall be necessary to con
stitute a meeting for tlie exercise of its powers, and all questions
which shall arise in such House of Commons, shall be decided
by a majority' of voices of such Members as shall be Di'eseni
other than the Speaker, and whenever the voices shall be eipial
the Speaker shall have the casting voice.

27. The Honse of Commons, and the Members thereof, sub
ject to the provision of this Act, shall enjoy all the powers,
privileges and functions, and be subject to all the duties and
responsibilities within the Confederation, as the British House
of Commons and the Members thereof.

28. No person, being a Member of the Legislative Council,
sh.all be capable of being elected, or of sitting, or voting as u
^lember of the House of Commons.

PARLIAMENT.

29. Every Parliament shall continue for Ave years from the
day of the return of the writs under which the Members of the
House of Commons shall be elected, and no longer, but subject
to be sooner prorogued or dissolved by tlie G^overnor-Creneral,
and a Session of the Parliament shall be holden at least once
in every year, so that a period of twelve calendar months shall
not intervene between any two Sessions.

OF I,(»M»«)N ( «)NKKHI:N( K.

12'

Council,

tlis shall

:'.0. Tiic ('lOvcrnor-fN'Mcnil iiim.v fix hikIi plar«« or pliicc.H
within IIm' ('<>nf<'(l«'riilion, iind mikIi liiuf for lioldinj; Hk- fust
uimI j'vcrv oliicr Session of Pai liiinuMil ns lit" may (iccni advisahk',
und from lime (o lime chan;;*' or vary tin* sanu'.

:'.l. Whoncvor any JUll whicli lias been passed l»y the l.ej,'is
lalive Connril and lions*' of Commons shall be ])resenled for the
assent of ]ler Majesty to the (Joveinor-deneral, he sliall declare
acM'ordinj; to his disci'etion, but subject, neveiilieless, to the ju'o
visions of this Act, and to such instructions as nuiy from time
to time be <;iven in that behalf by Her .Majesty, that he assents
u» such Hill in Hei- .Majesty's name, or that he withholds smli
assent, uv that he reserven the JJill for the si};nitication of Her
Majesty's pleasai-e,

:\'2. \o liill which shall be reserved for the sijiuitication of
llei' .Majesty's pleasure shall have any foice or authority until
the (Uovernor-deneral shall sijiiiify. either l>y speech or messa;::*^
to the Le<>islative (\)un<-il and House of Commons of the Con
federation, or by proclamation, that such l>ill has been laid be
foi-e Her Majesty in Council, and that Her .Majesty has Iteen
pleased to assent to the same, and an enti-y shall be made in lb"
journals of the Le<;islative C'oiincil and House of ComuHuis
resjjectively of every such nu'ssaj^e or speech, and a duplicate
th<'reof, duly attested, shall be delivei-ed to the pi'oper olticei', tn
be kept amonj;' the re('oi'ds of the Confefh'ration, and no Mill
whi<h shall be so reserved as aforesaid shall have any force op
authority unless Her Majesty's assent shall have been so si;^!!;-
lied as aforesaid within tho space of two years from the day on
whicli .such 15111 slinll have licni prcsciit-'il tn the Oovcrniir-
Oeueral as aforesaid.

33. Whenever any liill which shall have been presented for
the assent of Ilei- Majesty to the (lOvernor-Ceneral shall have
been assented to by him, he shall by the tir> ,; convenient oppn* -
1 unity transmit an authentic copy thereof to one of Tier Ma-
jesty's principal Secretaries of State. And Her Majesty nniy.
within two years after such Bill shall have been so received by
such Secretary of State, by Order in Council, declare the disal
lowance of sxuh Bill, and such disallowance, tojjfether with a
certificate under the hand and seal of such Secretary of State,
certify ins: the day on which such Bill was disallowed as afore-

POPE CON. — '.}

J *1

''Wf

■ I

!!)

I t

iJilJiii

•i^ 'il

:50

ItOUrill DKAIT

HJiid, bcin;;; slyiiitiiMl by tlw (lovcrnor (li'iicial to the Lcj^islalivo
(Niiincil iiiid Iloiis«* «»f (\)iiiiii(»iis by speech or iiu'ssajic oi' by pid-
(lanititiou, shall make void and annul the same from and after
the day of such si^nillcation.

:'.4, The (Jo>'ernor-Geneial may disallow any llill passed by
tlie L(H'al lje}iislatui'e within one year after the passinji thereof,
and upon the proclamation ther<'of by the <Jovernor it sliall
bet'ome null and void ; smd no Uill which shall be reserved by
the (lovernor for the consideration of the (Jovernor-(!eneral
shall have any force or authority until the (Jovernor ( Jeneial
shall si^^nify his assent thereto and pi-oclauiati(ui thei'cof made
within the Province by the (Jovernor of the J'rovince for which
such T»ill has been passed.

APPOINTMENT OF OOVKKNOKS, ET(\

;{5. The Oovernor-CJeneral may appoint Oov<'rnors for the
resitectiv*' Provinces, Judjies and other officers auth<»rised by
Parliament, and also the udf^cs of the SuptM-ior and District
and County Courts in each I'rovince. Hut the Judj^es of Lower
Canada shall be seh'cted from the bar of that I'rovince, and until
the consolidation of the laws of the other I'rovinces the Judj;es
of these I'rovinces shall be selected from their i'es[»ectivo
benches or bars.

POWEK8 OF PARLIAMENT.

:wi

The Parliament shall have power to make laws respecr-
inj; the following subjects : —

1.
o

4.
5.

The I'ublic Debt and Property.

The Kegnlation of Trade and Commerce.

The raising;- of money by all or any mode or system of
Taxation.

The borrowinj;- of money on the pnblic credit.

Postal Service.

Lines of Steara or other Ships, Railways, Canals, and
other works (io-nnectinji; any two or more of the Pro-
vinces together, or extending beyond the limits of any
Province.

Lines of Steamships between the (Confederated Pro-
vinces and other countries.

I' 'if

oi' l.'»\l)')N' ( <)NKi:i!i;\ri;.

i:n

•especr-

tem of

Is, anJ
le Pro-
of any

^d Pro-

1».

10.

12.

i:i.

14.

in.

1(5.
17.

IS.

1!).
20.
LM.

2:{.
24.
2.1.
2(;.

27.

2S.
20.
.",0.

:i2.

T»'lt'};r:Jiiliic* Coniiminication aiMl the iiH'(»rp«u'ati(Hi of
Ti'lfniapli ('<)iiipaiii«'s.

All sin-li works as shall, altli(m;vh l.vin^ wholly within
any I'rovincc, lie spcciiilly dodarcd Ity the Acts
authorisin;;' thcni to be for the ;^«'n«'ral advanta;-!'.

The Census and Statistics.

Militia — Militai*y and Naval Service and Defence.

Ileacons, l*»uoys, Lij-ht Houses, and Sable Island.

Navi/^ation and Shijipinj,'.

Quarantine.

Scii Coast and Inland Fishei-ies.

Feiries between any Provinc • and a Foreign Connliy,
or between any two Provinces.

(Mii-rency and ('()iinij;<'.

Uankin;;' — Incorporation of IJanks and the issre of j)ai»er
money.

Savinj;s Banks.

Weij;hts and Measures.

liills of Exchanj^f and Pi'oniissory Xotes,

Interest.

Lepil Tender.

l!ankru]>tcy and Insolvency.

Patents of Invention and Discoverv.

('o]>y Kijihts.

Indians and Lands reserved for the Indians.

Naturalization aiUl Aliens.

^larria^c and Divorce.

The Criminal Law, exee])tin<T the Constitution of Courts

of Ci'iminal Jurisdiction but includinj;' the i)rocedure

in Criminal matters.

The establishment, maintenance, and manai»tMnent of
Penitentiaries.

Kenderinj"' uniform all or any of the laws relative to
l)roperty and civil rijiiits in T^j)per Canada. Nova
Scotia, and New Brunswick, and rendering uniform
the procedure of all or any of the Courts in these Pro-
vinces ; but any Statute for this purpose shall have
no force or authority in any Province until sanctioned

i *

132

ItoLUH I»I;A1T

I»y the Lorjisliiturc, and when so sanctloiu'd tlic power
of innciidinj'', allciiiij;', oi* i('|t»*iirmji siirli laws shall
IIicn('('l"(Mwar<l he vcslrd in tin- I'ailianu'iil onl\.

'.V.\. Iiiiini^'t-atioii.

'.U. Ayiicullui'c.

.•{5. To cslahlish a (irucral Court of Apju-al. ami In oidci' to
the due »'X»M'ntion of tli«' Laws of I'ailianuMJt addl
lional Coui'ls when ncci'ssary.

;*.(». To fix and provide foi' tin* salaries and allowances of the
(Jovernors of the several Provinces, and of the .Indjies
and all otlier Ottlceis of the Confederation, and of the
Jnd«>('s of the Siiju'rior, and District, and County
Courts, and of the Admiralty Coui'ts, in cases where
the .Iud<::es thereof are paid by salaries.

o7. And also for the peace, welfare and <;<H)d j^overnment
of the ('onfcderation resjx'ctinj; all matters of a .uen-
eral character, not specially and exclusively hei-ein
reserved for tlu» Legislatures : and such laws shall
control and supersede any laws in any wise re])Uj;naiit
thereto or inconsistent thei'ewith which may have
been made ])rior thereto ; and any law made by any
Lejiislatnre in i)nrsnance of the anthoritv hereby con-
ferred n]>(tn it in rejiard to matters and subjects in
which concurrent jurisdiction is hereby ^iven to the
Parliament shall, so far as the same is repujiuant to
or inconsistent with any Act passed by the Tarlia-
ment, be null and void.

:>7. The Government of the Confederation and the Par'.ia
ment shall have and exercise all ]>ower8 necessary or proper for
the performance of the obJi^^ations of the Confederation as part
of the British Empire to Foreign Countries arisinp; under trea-
ties between (Jreat liritain and such <ountries.

LOCAL GOVERNMENTS.

\"-

38. For each of the Provinces there shall be an Executive
(Officer styled the Governor, who shall be appointed by the
Governor-General under the Great Seal of the Confederation, to
hold office durinji- jdeasnre, such pleasure, however, not to be
exercis(»d before the expiration of five years from the date of his
appointment, except for cause to be communicated in writing to

li*.

['"^\

or LONDON < <»NrKl!i;N«,i:.

133

llif (JovciiKH- iiiiiiKMlinicly jiftrr ilic «'x«'rc'iH»' of tlit> itlrnHure as
jiforcsiiid, iind jiIso by nicssa^ic lo Ixilli Houses of I'arliaiiH'nt
williiii tln' lirst week of tin* fii'sl S<*ssioii tlMTriifln-,

',\ w <iov«'nior, snltjcif to llic ]ii'oviHioiiH of Ihis Ac(; and
any Act of ]*ai liaincnl, an<l of such instructions as lie may from
time to time receive frcun the (lovei'nor-(ienei-al, shall administ<»r
the (loveiiinu'nt of the rro\ince for which he is appointed upon
the principles of the niiiish (.'onstitution. lie shall have power
from time to tinn* to pi'oro^iue ov dissolve tlu* Lejfislature ; he
may r<'.s«M've any Hill passed by the Le«;islatnre f<M' the considem-
lion of the (lovernor-CuMHTal, and may from time to time, except
in capital cases, reprieve or pardon prisoners convitMed of crimos,
and commute and remit sut li sentences in whole or in part, which
behmji: of rifilit to the Crown.

40. The (Jovernordeneral shall from time to time make pro-
vision f the administrati(ui of the (lovernment of any I'nnince,
durin}. temporary aosence or other inability to discharjje the
duties oi iiis oltice of the (Jovernor thereof from any cause.

41. The Local (Jovernment and Lepslature of each I'rovince
shall be constructed subject to the ])rovisions of this Act in
sucli manner as the Lejiislature shall fiom time to time y)rovide.

42. The Legislature* shall havu exclusive i)ower to make
laws respectinj; the following: subjects, with the exception of
Afrriculture and Immijiiation, in rej^ard to which T'arliament
shall liav<? concurrent jurisdiction : —

1. The alterinj? and amendinf;- their constitution from time

to time.

2. Direct Taxation, and res«'rvin«; to New Itrnnswick the

rifiht to collect the lundter dues provided in f'hapter
m, Title in. of the Kevised Statutes of that Province,
and any amendment thereof, mad<* befoi-e or after this
Act c<unes into operation, which does not increase
the amount, but exceiitinjj therefrom the lumber of
any other Province.

'.). Borrowing' money on the credit of the Province.

4. The establishment and tenure of Local Otfnes, and the
appointment and payment of Local Officers.

;■). Aj^riculture.

<5. Immij^iation.

.'>:

-f^

134

ROUGH DHAKT

Hi 1

^^H II

rti

7. Kducalioii — savhijr the ri};hts niul prhili'^OH wliirh tlic
i'lotcstiinl or Hoinjin <'jith«»li(' minoi-ity in any Pro-
vince at llic tinic when tlris Ad cauic into oiKMatioii.
And in any IMovincc wlicrc a systt'in of 8('])iii-att' or
(lisst'iiticnl scliotds by law obtains, or wiicrc tlic
Lc^islalniv luay tlitMcaftcr adopt a system of separate
01' dissentient S(lu)i)ls, an appeal shall lie to the <Jov-
ernoi-(Jenera! frons the arts and decisions of the Local
Anthorities which affect the ri}'hts ind privileges of
tlu* IMorestant or Koman Catholic niinoritv in the
matter of edncation. and the Parliament shall have
)H)wer, in the last resort, to lej;islate on the subject.

S, 'I'he sale and manaji'emen', of Public Lands, except Lands
<Mvned by the (Jeneral (Jovei'nment.

U. Tlie estal)lishmenl, maintenance, and mana<;onient of
Puldic and Keformatory Prisons.

10. The establishment, maintenance, and mana}i"ement of
Itosj>it.ils, Asylums, (Miarities. and Eleemosynai-y Tn-
stitulions. excejjt .Mai-ine Hos]»itals.

IL .Municipal Institutions.

lli. Slio]>. Saloon, Tavern, Auctioneer and other Licenses for
Local Revenue.

lo. Local Works.

14. TIh^ incoipoi-ation of private or local compa.iies. except

such as ri'late to mattei's assijiued to the (leneral Par-
liament.

IT). Pi'opei'ty and civil rijihts, includin;;- the solemnisation of
marriajie, exc<'ptin!i' those portions thereof assigned
to the (Jeneral Pai-liament.

1(5. The iutliction of pmiishinent by fine, penalties, imprison-
ment, oi- otherwise for the breach of laws jMissed in
relation to any subject within their jurisdiction.

17. The administration of justice, includin}^' the constitntiori.
maintenance, and orj^anisatitm of the Courts — both of
Civil and Criminal .luiisdiction, and including also
the jtrocedure in Civil ]\Litters.

15. And generally all mattei's of a private ov local nature,

not assliined to the Parliament.

f"ll

OK J.ONDOX CONFEIUINCK.

IMf)

4:5. All Ihc po\v(M's, juivilcfics, juul duties conforrod and iiii-
jtoHcd njion Konum Catiiolir separate scluHds, and school trnst<.*(.H
in rpitcr Canada, shall In* extended to the Protestant and Roman
Calholic schools in liowei- Canada.

ik 1:

MISCKLLANEOrS.

44. The En^Iisli and French lanj-iiajics may both Ix' eni-
(>loyed in rarlianient, and in its proceed inj;s. and in the Le;:isla-
tnrc and Courts of Lower Canada, and also In the Coujts of Hie
4 Confederation which may be established under this Act.

4.'). For the pui'jxtses of this Act, Courts, Judji'es, and Otiicers
of the seveial Provinces shall be Courts, .Tudj^es and Otticeis of
the Confederation.

4(1. The Jiidjics of the Superior Courts shall hold their ((IVvcea
diirinji' j^ood liehaviour, and shall be i-emovable on the address of
both IIousL's of Parliament, but not on the addicss of the Honsrs
of any of the Lejiislatures.

47, No lands or projx'rty of the Confederatitni or Local (!()\-
ernment shall be liable to taxation.

45. All Hills for appropriating;' any part of the Public l?ev-
onue, oi' for im]»osin};' any tax or imposts shall oi'i};inate in tlw
House of Commons oi* th" House of Assembly, as the case may be.

4!>. The II(Mise of Commons or House of Assembly sliall not
orijiinate or pass any vote, resoliiti(m, address, or bill, for )iu
appropriation of any piirt of the ])Ui)lic revenue or of any tax
or im])ost, to any ]>uri)ose not jireviously recommended by mes-
sage of the CioverJior-Ceneral. or the (lovernor, as the case may
he, durinjj the Session in which such vote, resolution, addi'ess, or
bill is moved.

."O. The seat of (btvernment of the Confederation shall be
Ottawa, subject to the Koyal prei-oj^ative.

Til. Subject to any futui-e action of the respective Local
<^Iovernments, the seat of the Local (lovernment in r])i»er Can-
ada shall be Toronto, in Lo>\('r Canada, in (^tiebec ; and tiie s 'at
of the Local (i(»vernment in the other Provinces sliall be as at
present.

i)2. .Ml stocks, cash, bankers' balances and securiti('-> for
money b( U)n,uin,i;- to each Province at the time this Act v-omp.«»

'» V n;. ii

1 f

S)''

)

' I: '';

': li ' 'i^

■ ij.:;:

i:;«j

UOL(Ul DltAFT

inlo ()|K'riilioii, rxccpt as iH'i'citiaftc'r mcntioiicd, shall bocom*' the
j»inp('i(y and asscis of lln' ('(uifciU'ratioii.

."»;{. The followiiifi works and pi'o|K'it.v of each rrovincf shall
Itt'coiiH' I ho lU'oiH'rt.v of Iho <'onfodora(ion : —

I. Canals.

L*. IMiblio llaiboni's.

;{. Li;;li(hons<'s, I'iors and Sable Island.

4. Stoaniboals, Di'odjjos and JMiblic Vessels.

Ti. Kivor and Lake IniprovonnMits.

(i. Kaihvavs and Kaihvav Stocks, Moi-tfia^oH and other
debts dne \\\ Hailway Companies.

7. Military ro.jds.

5. Cnstoni Houses, Post OHices, and all other public build-

inj;s, except such as may Im» set jiside by the (5ov(Tn-
nient: of the (\tnfed<M'aiti<ni for the use of the Local
(Jovernnients and I^^'j^islatures.
!>. Property transferred by the liniH'rial (Jovernnient, and

known as Ordnance JMoperty.
10. Armouries, Drill Sheds, Milit^ary (Moth.inji: and munitions
of war, and land set apart for jieneral public pur-
poses.

.")4. All lands, mines, miiiea'als and royalties vested in Her
Majesty in the several I'rovinces for the use of the I'rovince, or
ipwned by any such Province, and all sums due therefor at the
lime this Act comes into ojH'ration, shall be and continue to be
the pn)perty of tlie IMovince in which the same are oa* were sit-
uate respectively, subject to any trust or other interes:t that may
t'xist in i-esjK'ct to any such lands, and subject to the ri<»:hta of the
(lovernnu'ut of this Confederjition to assume, uiM)n e(iuitabl<*
tei'ms. any land or public property recjuired for fortifications or
the defence of the country, all public proi)erty therein.

.■>.■», All assets connected with such i)ortions of the Publi*^
Debt of any I'rovince as are assumed by the Local (rovernment,
shall continue to be the property of those (rovernments respec-
tively, not exceedinj»' the amount of such assumptions.

.")<;. When this Act comes into operation, all the debts, liabili-
ties, ajzreements, and oblijrations of each I'rovince shall become
the debts, liabilities, ajrreemeuts, and oblipitions of the Con-
federation, «'xcept as hereinafter provided.

r»7. For tlic piii'])(>H('s of (In* ("(nif<"(h'i'iiti(m the debt not. s|MM;i-
;ill.v jussuiii('<l by ciicli I'l'oviiict' r<'SiK'(liv«'ly, sliull, for ('jiuadii,
uni ('Xr('c<l (he huiii of )ii((Jl!,r)(K>,(l(M> ; Novjl Scotia, !i?S,0(m,r)U() ;
;m(l Now I'.ninswick, |7,<KMMMKK

."»S. If any of Hw I'l'ovinrcs, al llio time tliis Act (-(Hiich into
opciafioii, sliall not liav<' rontracted debtH (Mpnil fo the amount
liei'ciiibefore mentioned, k\ic1i Province nhall receive, by half-
yearly paymenlH in advance from the (Jovernment of the Con-
federa1i<tn, intei-est at the rate of five per centum on the <li(Te"-
ence between the actual amount of their r«'H[MM'tive d(?btH, and
sucii stipulated amount until such d<*bts shall have been so (on-
tra('t<'d to su<h respective amounts ; biit nothing herein con-
tained shall be construed to ]u*event any Province from inci-eas-
ina the debt <haip'able up(Hi the Confederation at any tinxt
until it I'eaches such amount.

")!). In considerati(»n of the transfer (►f the powers of taxa-
tion to th<' I'ailiament, the (Jovernment of the Confed<'rat1on
sliall annually pay to each Province, for bx'al purposes, tlu' fol-
lowinj,' sujus : —

Tjiper Canada !i?S(»,()00

Lower ( 'anada |7(M»(H)

Xova Scotia |((;t),(MH)

New Urunswick |r)(),(KlO

and also a sum ecpial to eijihty cents pei* head of the ]»oi)ulation
as ascertained by the census of the year 1S(»1 : and in the case of
Xova Scotia and New lirnnswick, at the same rate jM'r head as
ascertained by each subse<;uent decennial censns, until the popu-
lation of each of these I'rovinces shall amount to four hundred
thousand. Such aid shall be paid half-yearly in advance, by
warrant of the (lOveriior-Cicnei-al on the Tr<'asury of the <'on-
federation, in favour of the ofticer appointed in each Province
to receiv<' the same, deductin<;c fiom any such subsidy all sums
l>aid as interest on the IMiblic Hebt of any Province in excess or
the amount hei'einbef<u"e stipulated, and also in like manner
annually jiay to the I'rovince of New lirunswick the sum of
|!<J.'?.tMI() for the period of ten yc^ai's. lint so lonj; as the liability of
that Piovince remains under .i^7,000,00(> a deduction shall be
made therefrom e(pial to the interest on such deficiency.

'i(>. All en}:aj;eui('nts of any of the Provinces made with
the ImjHM'ial (Jovernment for the defence of the country shall bo
fulfilled bv the ( Jovernir.ejit of the T'onfederation.

-.(I

( i

I lit

^ . Pi t:

18S

HOUGH DRAFT

01. Quakers and Moravians may aftirni in any case where an
oath is required.

02. All ]tersons, bodies politic or corporate, actinj; under
any law in force at the time this Act comes into operation,
shall continue until otliers are appointed under tlie authority of
this Act, and all proeeedinjis talcen shall continue when
not inconsistent with the provisions of this Act, and
all penalties and forfeitures may be recovered in the
same nuiuner as if this ^Vct had not been passed ; and any
act done, or any right of action Avhich existed, or had accrued ov
was accruinji' when this Act came into operation, shall not be
affected thereby, and any offence committed or j)enalty or for-
feiture incurred, or tv\y pi'ocoedini;- thereon or in lelution theret(\
shall not be atfected by the passing of this Act, and judgMuent
may in all cases be pronounced tliei-eafter, and all appointments
made, and bonds and securities given by any person or persons,
under the autluu-ity of any law in force at the time this Act
comes into operation, shall not be affected thereby.

(»:{. Wlien this Act conu's into op<^^ration, and until provision
is made therefor by PariianuMit, all tlic officers of rhe several
I'rovinces having duties to discharge connected with the several
subjects with which Parliament is emi»owered to deal, shall
thenceforth b;' and become officers (►f the Confederation and con-
tinue to discliarge the duties of tlieir respective offices under tlie
same liabilities. resjKmsibilities, and ])enalties as are pro\ided
by the Acts under the autiiority of wliieli tliey have been re-
spectively appcunted, «)r tlu'y shall have n''Sj)ectively acted, and
all Judges and other officers in the several Pi'ovinc(.'s shall con-
tinue to discharge the duties of their respective offices in the
same manner in all respects, and subject to the same liabilities.
resp(uisibiliti('s, and penalties as if this Act had not b;'en passed,
and all laws in force in the several Provinces at the time this
Act comes into ojteration not inconsistent herewith, shall con-
tinue to be in force and autiiority within <'ach Province until
they are altered, amendefl, or i*e]>ealed under the authority of
this Act.

04. The first ajipointments of the <Jovernors of the several
Provinces shall be p,rovisional, and they shall hold office during
pleasure. The (fovernor-deneral of Canada and also the r 'spec-
tive Governors or other officers administering the (Jovernments
of the Provinces of Nova Scotia and New I'runswick respectively,

'. .^_r?E?ii*t2smBrEB^^s:

OF LONDON' CONfKHKNCi:.

lao

in ottice at tlio timo the Act coiik'*! into operation, wliall Ik* the
liovcrnoi's of Tpper and Lowcm- Canada and of Nova Scotia and
Xcw IJrnnswiclv n^spectively, and sliall continnc to exercise the
functions and diHcliai'>;e tlie duties of their n»spective ot1ic(\«« sul»-
Ject to the pi'ovisionw of tliis Act until a (rO'vernof sluill be ap-
pointed for eadi Province, and sliall receive tht* same pay an«l
allowances as they shall be then severally receiving; : and the
(lovernnient of ('anada shall exercise the functions of the (Jov-
ernnients of Tpper and Lower ('anada respectively, and tlu*
(Jovernnients of Nova Scotia and New lUunswick shall
continue to exercise the functions of the (Jovernnienls
of those Provinces respectively until Local (Jovernnients
are formed under the provisions of this Act. The liCjiis-
lature of New lirnnswick shall continiu' for the i)eri(xl f<u' which
it was elect<'d, uidess sooner dissolved, and the Constitution of
the said Province, and of Nova Scotia, shall continue as n(nv
<'stablishe<l, subject to the provisions of this Act until altered or
aiueuded under the authority of this Act.

(io. Tntil otherwise jtrovided, the I'rovince of Nova Scotia,
for the puri)oses of the election of Members to serve in Parlia
nient, is hereby divided into eifihteen eUM-toral districts, of which
the county of Halifax, includinj^' the <'ity of Halifax, shall be one,
and shall be entitled to elect two ^lembers, and eacli of the otliei"
seventeen counties into which the Province is divided, is hereby
<-onstituted an electoral dis'rict, and shall bi' entitled to elect
one Member.

(i(). T'nl(>ss otherwise provided by the Lej-islature. for the
purpose of the lii'st election of Membeis to serve in the fii'st
Parliament, (*ach of the counties into which the Province of New
P>!-unswick is divided, and the City of Saint John, shall cnji-
stitute an eh'ctoral disti'ict, and be respectively entitled to elrcr
a Member.

■ri

several
durinf:
r.'spec-
ments
tively,

IXTEHPKETATION.

<i7. Tn the const.ructicui of this Act the followin<i rules shall
he observed with respect to the followin^i' tei'Uis, unli'ss other-
wise expressly provided for, or such c(mstruction would be in-
consistent with the manifest intention of the Act, or repufjnant
to the context — that is to say : —

Her Majesty or the (^ueen shall incbnle Her Heirs and Suc-
cessors.

: ;■'

■ <-

, .'

•

,:■;

140

HOUGH DRAFT OF hONDON CON'FEHEN E.

Gov(^rnor-Greuei'al shall include the Chief Executive Officer
or other Administrator of the Government for the time being
appointed by Her Majesty, by whatever name designated, tind
when anj' act is herein required to be done by the Governor-
General, it shall be meant and intended that such act shall be
done by and with the advice and consent of the Executive Coun-
cil of the Confexleration.

Legislature shall mean the Local Legislature of any Province
before or after this Act comes into operation.

Governor shall include Administrator of the Government of
any IM-ovince for the time being, and whenever any act is herein
required to be done by the GoA'emw, it shall be meant and in-
tended that such act shall be done by and with the adnce and
consent of the Executive Council of the Province.

l*arliament shall mean the Parliament of the Confederation.

I'erson may include any body corporate, company or society
not corpoi^ate.

Every word importing the singular number may extend to
several persons or tilings as well as to one pereon or thing ; and
importing the plural number to one person or thing, as well as
to several persons oi* things ; and importing tlie masculine
gender, to females as well as males.

REPEALING.

f. \

fi ri^

08.
and all other Acts and parts of Acts inconsistent herewith or
repugnant hereto shall be and are hereby repealed when tliis
Act comes into operation.

S 'I

Confidential.

R('rlse,22 Jan. 1«GT.
Hr'dhli Novtli Amerlni.
] ) 11 A F T

OF A

BILL

FOR

The Union of the British North Anjeiican
Colonies, and for Government of the United
Colony.

[Qu. wltetlicr to say the EoMera B. 1\ . A. Colonies.^

THEREAS the Union of the Biitisli North American
Colonies for Purposes of Covernnient and Legit^-

lation would he attended with gi«at BeneHts to the
Colonies and be conducive to the Interests of tiie United
Kinji'dom :

Be it therefore enaeted hy tlie (Queen's most Kxct'l-
lent Majesty, by and with th(^ Advice and (.'ouseiit of the
Lords Spiritual and Temporal, and <'ouimons, in this i)re-
sent I'arlianient assenil)]ed, and by the authority of th'
same, as follows :

Prclriniit(ij\ij.

1. This Act nuiy be eited as the F.iiiish Noi-th .siujitTitle
America Act, 1S67.

[Here ivoidd folloiv:

1. Avy Interpretation Cimt^" that may he

necess'iry.

2. Clause vepe<din(j Imperial and Colonial

Acts, if necessary.]

Un ion .

2. It shall be lawful for Her Majesty, at any Time iX'dam-
not later than , by Letters Patent under iTni, n.

142

I'lllST DUAFT OV A HILL

rroclaiiia-
tiiiii in
Canadii.

Division
into Four
Provinces.

(Jovernor
(leneral of
United
Colony.

Kxecutivt!
Oonmsil.

Connnanci
iii-Cliiif
(if Armed
Forc'-s.

Hor.scs of
Parlia-
ment of
United
Colony.

tilt' (ii'cjif Sciil of tin* rnit«'d Kiii;;doni, to docliirc the
I'liioii ii\' I lie Colonics t»f ranatlii, Xov.i Scotia, and New
iJrunswick into One Colony, witli such name as Her
Mjijcsty thinks tit.

."{. The (!ovci'noi'-(J<'ncial of Hiitish Noitli America
shall, within after Keceipt by him of t'ic

Letters Patent declaiinj^ the Union, itroclaim tlie same
l»y IMrblication thereof in tlu' (Jovernnu'nt (hizt-'tte of
Canada, ami then'upon the Tnion shall have full Effect,
and the said Three Colonies shall thencefoj-th form and
he One Colonv.

[Qa. an to Mode of Protid'matlon.]

Provinces of United Colony.

4. The I'nited Colony shall be conii)osed of Four
Provinces, nanielv, — Cjtper Canada, Lower (\uuida, Nova
Scotia, and New Brunswick, each tliereof havinjj; the same
Limits as it has innuediately befiu'e the I'nion.

Governor General.

5. There shall be one (lOvernor-Oeneral for Ihe
Cnited Colony, appointed fr(nn Time to Time by Her
-Majesty, Iler Heirs and Successors, by Letters Patent
under the Creat Seal of the United Kinf>doin.

<;. The (Jovernor-Oeaeral of the Tnit<'d Cohmy may,
by "instrument under the Great Seal of the United Col-
ony, constitute an Executive Council, and from Time to
Time ai)point and remove Members thereof.

[The Resoiutions say nothing of an Executive Council ]

7. The Comniand-in-C^hief of all Armed Forc'S
raised in the United Cohmy, or in any Province, for Ser-
vice by Land or by Water, sliall.be vested in Her Majesty,
Her Heirs and Successors.

General Legislatiire.

S. There shall b«» for the United Colony Two Houses
of Parliament styh d the Legislative Council and the
House of Commons.

FOR UNION OF 15. N. A. C()L<.)NIES.

W.i

Leijidi (.ill 'c Co u ncll.

9. In the Lci;isliitive Council the Four Provinces Constitu-
sluill lie represented as follows, niiniely. — there shall l>e i>-Ki,-i;i-
for rj»i»er Tanada Twent.v-four Members, for Lower Tan-Mj'' ^'""""
ada Twenty-four Members, foi- Nova Scotia Twelve Mem-
bers, and for \ew Hrunswick Twelve Members.

10. The First Members of tlie Legislative Council First Lfg-
shall Itc the IVrsiius named in tliu Schedule to tiiis ActoI„„i.ji
who shall be deemed resnectiv(dv to rein-esent the Fro- ""{'"V /"
vince in connexion with whi<-h they are named ; and the
Re|iresentatives of Lower Canada shall be deemed also
respectively to rejtresent th;' Division in connexion with

which they are mimed.

11. A ilember •><' the Le<:islative Council may, by Rcsipriw-
Wiitinix under his Il.ind delivered to the (Jovernnr-Cien- i.','.'"^^'
erai, resign his Seat.

^-. All the First Mend)ers of tlie Le<;islative Cnuncil 'IVunreof
shaii. subject to the Provisions of this Act, hold their j/jr^t "
Seats for Ten Years from tlie Fnicm. Mtmijeis.

\'.\. From and after the end of Ten Years from the Rotation
Fnion ^lembers of the Le.uislative Council shall retire [j[.,^^*'"''
from it according" to the following- rotation :

(i) At the End of each Year from the Connnence-
ment of the Kotation Three of the Represen-
tatives of Fpper Canada and Three of the
Kep'.-esentative.s of Lower Canada shall re-
tire :

(2) At the end of the First, the Third, the Fifth,
and the Seventh' Year from the Commence-
m-Mit of the Kotation Two of the Representa-
tives of Nova Scotia and one of the Kepi-e-
sentatives of New Iirunswick, and at the p]nd
of the Second, the Fourth, the Sixth, and the
' Eij;litli Y'ear from the (.'onnneucement of the

Kotation One of the Kepresentatives of Nova
Scotia and Two of the Representatives of
New Brunswick shall retire :

i!i;^y

rl'

r:%

ill'!

144

Capacity
for \<y-
appoint-
ment.

Disfpiiilifi-
cation cf
first and

FIRST IJUAFT f)F A 15ILF.

(8) For the first Seven Years from the Coininence-
mcnt of the Rotation the Hepresentiitives to
retire shall he determined \>v Lot:

[Qv. How Lots to he (li'iiuni ; h;/ Spcahcr of Lri/ls-
lai'icc ('otiiicil '.'

(4) From juid jifter the Expiration of Eiuht Veais
from the Commencement of lln' Rotation, the
Rvpresentarives t«) retire sliall be such as
hav<' for the Time heiii;;- longest In'ld their
Seats.

14. A ^Member of the Leyishitive Coniicil retirinj;- by
Rotation shall be tapabh' of Re-apjjointment.

IT). The Seat of a Member of the Lejiislative roniu'il.
either named in the Schedule toi this Act or aj)pointed

subsequent under this Act. shall become vacant in anv of the follow-

JMenibers. . . ,

mji' Cases : —

(1) If for Two consecutive Sessions of Pai'liament

he fails to pivt^ his attendance in th(» Leyis-
lative Council without Leave of Al)senie
<>i-ante(l liy Her Slajesty or tlie Governor-
(leneral, and siy'iiitied l)y the CTOvernor-Gen-
eral to the Leiiislative Council :

(2) If he rakes an Oath or makev a Declaration or

Acknowledj-vmeut of Alle,iriance, Obedience,
or Adherence to a Forei<;n l*ower. or do's ar.
Act whereby he becomes a Subject or (Titi/.eii,
or entitled i'o the Rights or I'rivilejies of a
Stibject or Citi/en, of a Foreijin I'ower :

(lij If he is adjud^^Hl l>ankrui)t or Insolvent, or
applies for tlie IJenetit of any Law relating to
Insolvi'ut Debtors, or beeon)es a public De-
faulter :

(4) If he is attainted of Treason or convicted of
Felony or of any infamous (-rime :

(3) If he ceases to be (pialitied in respect of Pro

pfrty or of Residence ; ]>rovided, that ;'.
Member shall not be deemed to have ceastMl
to be qualitied in respct of Residence by rea

•?r^-

I'Hi y

jtitm oi'

rdionr*'.

ao.'s an

('iti/t'ii.

-v

rout, or

-ating to

Iblie De

ru'

ted of

of Pi-o-
tUat :•.

bv revi-

KlRSr DHAFT OK HILL. 145

Hon only of his rosi(lin<; at the Seat of Oov-
«'rnnu'nt while holdinj; an Otticc ri'qnirinj? his
PicHcnfO there.

10. Wlien a Vacancy happens in the Lej(islative<>iialifioa-
C'onncil by Uetirenient by Rotation, Kesij^nsition, Death, ^Ilbs,'.q„f.nt.
or otherwise, the (Jovernor-Cieneral of the United Colony -^*'''"^'*'"-
shall, by Instinnu'nt under the Great Seal ot the United
Celony, appoint to fill the Vacancy a tit Person qualified
as follows, namely, —

(1) Ilein},' a Hritish Subject by Birth or by Natu-

ralization :

(2) liein^i; of the Age of Thii'ty Years or ui)wards :

{',i) Possessinj; Real Property in the Provin4e (►f

which lie is apiKvinted a Representative, of

the clear value of Four thousand Dollars or
upwards, above all incuinbranttes :

(4) Being resident in that Province :

(5) In the case of Lower Canada either poss<'ssin}j;

his Projterty Qualification in tlu* Divisi<wi of
which he is appointed Representative or
being resident therein.

17. Excei)t in case of Retirement by Rotation a Per- l^nr.ituin
son appointed to till a Vacancy in the I^ejiislative (\)un(*ilL';'t'on"
shall hold the seat as Ions; only as the Person vacatint; the^;^^"'"
same would have Imh'u entitled to hold it.

IS. If before the Union anv Person named in the 9*""*^.

V iicnncies

Schedule to th' * Act declares, by Writing under his lumdiiefore
delivered to the (5overnor-(Jeneral of British North ^"""'
America, his refusal to act as a Member of the Legisla-
tive Council, or dies, or ceast»s to be qualified in resi>ect
of Property or of Residence, the Covernor-CJeneral, by
Instrument under the Great Seal of Canada, shall appoint
to be a Member of the Legislative Council in his Stead
a fit Person who would be qualified to be so appointed
after the Union, and if Her Majesty thinks fit to confirm
such Instrument by Warrant under Her Royal Sign
Manual, the Person so appointed shall thereby become

POPE CON.— 10

i' ,

14G

(^iwHtions

Blu to
VuciincifH.

Speaker of

tivi< (Joiiii-
c'i.

(Jiiorinn of

tivi' Coun-
cil.

Voting in
Legislrt-
tivt' Coun-
cil.

'Constitu-
tion of
House of
Connuons

KIUST DRAFT OF HIIJ.

ii M«mi)1mm' of tlic L('j;isliitiv(' ('onncil, and sliall 1><» In tli*'
Biiino Position with rcsiMM't of Tcnuio of Oilier and otlicr-
wiH«', as if lie liad l)r«*n named in tin* Srhediilo to tills
Aft.

1(K Jt* any (^MK-stion iii'iscs rcsjx^ctiny' u \'uc)iiK'y
in the Lt'^slativc ('onncil, tlie sanic siuili !»(' ref«M'red by
tlic (Jovernoi' (icneral to tlie Lc^iisliitive ('ouncil, and
sliall ho licard and dcterniiiu'd by tlicnj.

20. Snbjoct to tlio Provisions of any Act of tin- Par
lianicnt of tlie Pnitcd (''>'ony, tlic ( Jovcrnoi'-CJcncial of
tlic United Colony may fnHn Time to Time, by Instni
mcnl tinder the (Jreat Seal of the rniled Ccdony, appoint
a Member of the Iv<';:islatlve ronncil to Ix* Speaker tlieie
of, and may remove him and appoint another Meinbci' in
his Stead.

21. Snbject to the Provisions of any AcJ of the Par
liament of the United Cohmy, the Presence of at least
Fifteen Members of the Le<;islative Council, including,'
the Speaker, shall be uecess^iry to constitute a Meeting
for the Exercise of its Powers.

22. Questions arisinji in the Le}>ishitive Council shall
be decid«Ml by a Majority of N'oices. and wiien tlie Voices
are equal, but not otherwise, the Speakt'r shall have a
Vote.

Houxr of Commons.

2;?. In the House of Commons the Four Provinces
shall, subject to the Provisions of tliis Act, be repre-
sented as ft)llows, — namely, there sliall be for Upper dm
ada Eijjhty-two Members, for Loww (Janada Sixty-tivc
Membere, for Nova Scotia NiuetetMi Members, and for
New lirunswick Fifteen Members.

[The Regulation of Constituencies is to he iirovideJ
for ; there is no Provision on the Subject in the
Amended Resolutions. Nos. 23, 24 of the Qiiebrc
Resolutions related to the subject, but they would
not liave operated until after the Union.

Provisions will also be required as to Quorum,
Election of Speaker, and. his Vote.

FIUST IlUAFT OK HILL.

147

» thirt

ciincy
od l>y
I, aiul

I' 1»JU-
Mill of

lustru-
il»l)oiut
• tluM-c-
nbiT in

lit loast
it'lndiiifi
MiH'tiu}:

luive i\

liovimes
repre-
|pin' (-'an
^ixty-tivc
and foi-

yrovideil

t in the

e Quehci'

ly would

iQuorwn,

Qa. Oath <>/ Allfijinice t<> }»• taken htf erer>/ Mnnhov
of either House.]

24. SiihjccI to III." riovisioiis of anv Act of llic |'iii'C«'ntiini.

' ilHW < if

lianu'iit of llu' rnilcd Colonv, all Laws iu fore** in tlnsxistiMvc
sovci'al Pi*ovi?i('('s at ihc I'nioii irlativc to the follow ln«i ,].^'^,'^"'"
Matters or any of tiu'iu, namely, — the Qiialitlcalions an«l
l>isqnalitleations of Persons to he elected or to sit or vole
iis Members of llie Assembly or Ijowei* Mouse in the n*
spective l'r<>vinet>s. the \'olers at Elections of such Mem-
bers, the Oaths to be taken by \'olers, the Kelurnin};
Officers, their I'owers and Duties, the l*roceediny:s at
Elections, the IN'riods during' which Elections may be
continued, [the Trial of Controvei'teil I'^lcctions, and I'ro-
ceedinjjs incident tlu'reto, the vacatinj*' of Seals of Mem
l)ers, and the issuin;;' and Execution of new Writs in <'asi'
of Heatai vaca.ted otiierwise than by Dissolution.] — shall
respociively a)»ply to Ele<'lions of Members lo s'rve in
the House of Commons «)f the I'liiied Colony for Places
situate in the respective Provinces.

YHt'tH folknrs No. 25 of thi> Anienih'il Rcsolutlorhf,
and Sect. 27 of the Canada Union Act o^"lS40 , hut
qu. <(s to tfio Propriety of the words in Jirach'ets.]

25. On the Completion of the Ofticial Census of the I>''wini:il
Populati(m of the I'nited Colony in the Year One thou- nunt of
sand eijjht hundred and seventy-one, and of each !^'d)se- j^^j|[^'|" "
quent decennial Census, the Representation of the Four
Provinr. i>iii bf re-adjusted by such Authority, in such
Alai' cr, and from such Tinu\ as any Act of the Parlia

iL of the 'nited Colony from Time to Time directs,
iccordinfif to le following? Kub's : —

i'(^a. the Re-a<ijit8tment to be maihby av independent
Authority, an som'' of the Jiuh/es, to be specified in
the Imperial Act.^

(1) Lower ('aiiad<i shall have the fixed Numbei- of

Sixty-five Re|>i'esentativ(M :

(2) There shall 1 assigned to ejich of the othei-

Provinces siich a Number of Representatives
as will bear the same Proportion to the Num

,1 ■!

148

I IRST DRAFT Of I'.ILL

^11

Increase
of NuiuIht
uf }[(Hise
of C'olii-
liions.

Dnriition
of House of

Comiiiotis.

Ai)|)roi)ri;i-
tion aiul
Tax Bills.

Reconi-
niendiition
of Money
Votes.

ht'v of its l'(>iMilati(Hi (as('«'i'tain«*d at such
(■cnsus) as the Xniiibcr Sixty-fiv<' Ix-ars to
the NiiinbiM' of the ropulatiori of Lower (.'an-
ntla (so ascci'taiiKMl) :

(.*i) In llic Coiiiputation of the Xunibcr of Rcpro-
s«'ntafiv('s for a Province a fractional Part
less than One Half of the whole Number re-
quisite for entitling' the ProviTic** to a Ke|)r<'-
sentative shall be disi-ejiarded ; but a frac-
tional Part exceedinj;' One Half of th;'.t Nuni-
bi'T shall be equivalent to the whole Number:

(4) On any stich Re-adjustn'.ent the Number of
K<'[>resentatives of a Province shall not bf
reduced unless the Proixtd'tion which the
Number of the Population of the Province
bore to the Numln'r of the aj;};re}j:ate I'opulu
tion of the Tnited Colony at the (hen last
precedinjj; He-adjustment of the Number of
Representativ<'^s of the Province is ascer-
tained at the tlien last <\'nsus to be dimin-
ished by OiK' Twentieth I'art or upwards.

LM;. The Nunibei' of Members of the House of (;om-
mons may be frcHii Time to Time increased by Act of the
Pa'liament of the United Colony, juovided the propor-
tionate Representation of the several Provinces pre-
sciibed by this Act is not thereby disturbed.

'21. Every House of Commons shall continue for Five
Vears from the Day of the Return of the Writs for clioos-
nif; the House (subject to be soomn' dissolved by the (Jov-
eriior-Oeneral), and no longer.

Money.

28. liills for appropriatinji' any Part of the I'ublic
Revenue ol" the United Colony, or for imposing: any Tax
or Impost, shall orij^iuate in t'le House of Comm<ms.

21). It shall not be lawful Tor tlu' House of <'ommons
to adopt or pass any Vote, Resolution, Address, or Rill
for the Ajjpropriation of any I'art of the Public Reveuu<',
or of any Tax or Impost, to any purpose that has not been

l'!n

RriVill As-
sent til
Hills, itc.

FIHST DRAFT OF lULL. 143

first recomiiUMKicd to that House by Mcssajxt' of (he (lov
o iUH'-doncral in the Session in whidi sinh Vote, llesoln
tion, Address, or JJill is proposed to be adopted oi i>assed.

Ruijtd Assent, i(-c.

lU). Where a liill passed by tlie Houses of PailianienI
of the United Uohtny is presented to the (iovernor-(ien-
tM'al of the United Colony i'or Her Majesty's Assent, lie
shall det'lari' aeeordinji to his Disrretion, but subject to
the Provisions e^■ tliis Act and to Wcv Majesty's Instriu-
tions, either that he assents thereto in H"r Majesty's
Name, or that he withholds Hei* Majesty's Assent, or that
he reserves the liill for the Sij^niiicafion of Her Majesty's
IMeasure.

.'H. Where the riovernor-Cleneral assents to a IJill in
Her Majesty's Name, he shall by the First c(»nvenient
Opportunity send an authentic ('oi)y of the Act to One of
Her Majesty's Principal Secretaries of State, and if Her
Majesty in ('ouncil within Two Years after Keceipt
thereof by the Secretary of State thinks ti« to disallow
the Act, such Disalk^wance (with a Cei'tih-ate of the
Secretary of State of the Day on which the Act was r<
ceived by him) beinji' sijiuitied by the (l()vernor-( Jenei-al,
by Sjieech or Messajic to tlu Hovises of Parliament of the
United Colony or by Pi-oclamation, shall annul the Act
from and af(er the Day of such Siyniilcation.

'.V2. A Pill resei'ved fer the Siynitication of Her Ma-SipnitiiM,-
jesty's Pleasure shall not have any Foi'ce unless and "u- j'.|^!^^,\,.,,
til within Two Years from (lie Dav <ni *vhich i( wa' pi-c-"" ''ill

rcM-rvftl.

sc'nti'd to the (Jovei-nor-Cieni'ral for Hei' Majesty s Assent,
the ( Jovernor-deueral si,uni(ies, by S|ieech or Messa^ic (o
eacli of the Houses <»f Parliuincnt of the United Colony <>r
by I'rocbu; ntion, that it ims received tlie Assent <>f Her
Majesty in Oouiicil.

An entry of eveiy such S|)L'ecli. Mi'ssai^'c, or Procla-
niation shall be made in the Journal (jf each House, and
a Duplicate thereof duly attested shall 1)4' deliveicd (o
the proper Olticer to be kept ainoni; the Kecoids of the
United Colonv.

Disiilluw-
Hlict; by
Order ill
f!owncil of
Act as-
sented tu
by (iover-
iior.

t-^ "i

liiT

A: ■ • i

j|;

I^H >

1 1

•

1 1

150

Yfarly
Se8si(in of
Parlia-
ment

Sujjerin-

tfinrh'iitHi>f

Provinces,

Tenure of
Office of

SiipfTin-
tendent.

Salaries of

!Sni)erin-

tendents.

SubjectR of

exclusive

Provincial

Ije^'ishi-

tion.

FIRST DRAFT OF BILL

Annual Session.

'VS. There sliail be a Session of the Parliament of the
United ("olou.v once at least in every Year, so that a
Period of 'J'welve Months shall not intervene between
the last Sitting of the I'arliament in one Session and the
first Sitting thereof in the next Session.

Saperintendants of Provinces.

'M. For each I'rovince there shall be an Officer,
styled the Superintendent, appointed by the (lovernor-
General in Council, by an Instrument under the Great
Seal of the United Colony.

.'{5. A Superintendent shall hold Oltice during the
Pleasure of the Ciovernor-Cieneral in Council, but any
Superintendent appointed after the (Commencement of
the first Session of the Parliament of the United Colony
ifter the Union shall not be removable within Fiv
Years from his Appointment, except for Cause assigned,
which shall b( communicated to him in Writing within
after the Order for his Removal is madCy
and shall be communicated by ^Message to each of the
Houses of Parliament of the United Colony within One
Week thereafter if the I*arlianient is then sitting, and if
n<»t then within One Week after the Commencement
of the next Sitting of the I'arliament.

;i(!. The Salaries of the Superintendents shall ho-
fixed and provided by Act of Parliament of the United
<^olony.

[The first Superintendents wdl Itave no Salaries fixed
tUl such an Act is passed.

Hire will follow Constitutions of Provincial Assem-
blies ; see Note at End of Draft.]

Distribution of Le(] islati vc Powers

'M. In each I'rovince the Sui»erintendent nmy, by
and with the Advice and Consent of the Provincial As-
sembly, make Ordinances in relation to Matters coming
within the Classes of Subjects next hereinafter enunu'i-
ated, which Ordinances exclusively (subjeet to the Provi-

FJRST DKAFT OP BILL.

sions of this Act) sluill in leliition to those Matters have
the Force of Law in and for the l*ro\inte, that is to say, —

(1) The Amendment fvovA Time to Time of the

Constitution of the House or Houses of the
Provincial Assembly :

(2) Direct Taxation within the Province in order

to the raising: of a Revenue for I'rovincial
Purposes, includinfjf in the case of New Bruns-
wick the levyin^jf, by the Mode and to the
Extent (if any) established by Law at the
Union, Dues on Timber, not beinj; the Pro-
duce of any of the I'rovinces other than New
Brunswick :

(3) The borrowing? of 3Ioney on the sole Credit of

the Province for Provincial Purposes :

(4) The Establishment and Tenure of Provincial

Offices and the Appointment and Payment
of I'rovincial Officers :

(5) The Management ai 1 Sale of the Public Lands
' belonging; to the I ovince :

((I) The Establishment, Maint(Mian<e, and Maaaj^e-
ment of Public and Reformatory Prisons in
and for the Province :

(7) The Establishment Maintenance, and M niaj;c-

ment of Hospitals, Asylums, (.'harities, and
Eleemosynary Institutions in and iv the
Province (other than .Marine Hospitals) :

(8) Municii»al Institutions in the Province :

(9) Shop, Saloon, Tavern, Auctioneer and other

Licenses in ord r to the raisin}^' of a Revenue
for Provincial INirjioses :
(10) Local Works and I'ndertakinjis other than
such as are of the foUowinji Classes :

(a) Lines of Steam or other Ships, Rail

I ways, (.'anals, Telefxraphs, and other

Works and rndertakinjjs <'«Minectin};;

the Province with any other or <>thers

of the Provinces, or extendinu" beyond

. . ' the Limits of the Province ;

151

1,52

•3?

I It

i'l

LcRisla-
tive Au-
thority of
Parlia-
ment of
United
Colony.

FIRST DRAFT DF RILL

(b) Lines of Steam Sliips between tlip
Prmince and any IW-itisli or Foreljin
C )iintr.v :

(c) Ferries between the Province and any
other or others of the Piovinces or be
tween the Province and any British or
Foreijin ('onntry :

(d) Sncli Worlvs as. alth<Mij;li sitnate within
the Province, are before w after tlieir
Execntion declared by Act of tlu' Par-
liament of the United (/Olony to be for
the general Advantaoe of tiie United
(/olony or for the Advantajjfe (►f Two
or more of tlie Provinces :

(11) The Incorporation of Uoinjyanies with excln

sively l*ro\incial Objects :

(12) The Solemnization of .Marrla<i;e in the Province:
{V.\) Property and (Mvil Kij;hts in the Province :

(14) The Administration of .histice in the Province,

inclndinji, the Constitntion. Maintenance, and
1 Orj»anization of Provincial Conrts, both of

Civil and of ('riminal Jurisdiction, and in
dudinj; Procedure in Civil Matters in those
Conrts :

(15) Tiie Iuipr>sitioii oi Puuishiuent by Fine, Penalty,

or Imprisonment f(^r en Forcing any Provincial
Ortliiuince made in relation to any Matter
comino- witliin any of the Classes ol' Subjects
enumerated in this Section :

(ir») Such otliei" Classes of Subjects (if any) as are
from Time to Tinu' added to the Enumeration
in this Section by any Act of the Parlianieni
of the United ('olony.

:{8. It shall be lawful for Her Majesty, Her Heirs
and Successors, by and with the Advice and ('onsent of
the Houses of Parliament of the United ('obmy, to make
laws for the Peace, Order, and ;;oi)d (lovernment of the
United (-olonv and of the several ProWnces. in relation

FIHST DRAFT OF HILL.

to all MarttM'S not coniinj; within tin* ('lassos of Snbjocis
by this Act assij^ncd exclusivoly to Provincial Lcj^isla
tiou ; and for greater C 'ortainty, but not so as to restrict
thc' (Jcncrality of the forc^'oini^- TcMins of this Section,
it is luM'cby declared that the Lej^islative Authority of
the I'arliann*nt of the United ('olon.v extends to all Mat-
ters coniin<"' within the Classes of Subjects next hei'ein
after enumerated ; that is to say, —

1. The Tiiblic Debt and Troperty.

1*. The He,i;ulation of Trade and Conmierce.

8. The raising- of Money by any Mode or Sy.steni
of Taxation.

4. The borrowing of IMoney on the Pul)lic Credit.

5. Postal Service.

G. The Census and Statistics.

7. Militia. Militaiy and Xaval Service, and De-

fence.

8. Beacons, Buoys, Lighth(juses, and Sable Island.
0. Xavipition and Sliipjiinji.

10. (Quarantine.

11. Sea Coast and Inland Fisheries.

12. Currency and (/oinajfe.

13. Bankinji, IncoriHU-ation of Banks, and tlie Issu '

of Paper Money.

14. Savin,us Banks.

15. Weights and Measui-es.

1(1. Bills vf Exchange and Prcunissory Notes.

17. Interest.

IS. Le^^al Tender.

B). Bankruptcy and Insolvency.

20. Patents of Invention and Discovery.

21. Copyrifihts.

22. Indians, and Lands i-eserved for the Indians.
2l\. Natiu'alization and Aliens.

24. Marriatfe and Divorce.

158

'..j'

■

n ■■ ■

154

Legisla-
tion rt'S-
ixecting
Education,

FIRST DRAFT OF BILL

25. The ('I'innnal Law, except the Constitution of
(Vnirts of Ci'iminal Jiiirisdietion, but inelud-
injjj the I'rocedui'e in Criminal Matters.

20. The Establisliment, Maintenance, and Manage-
ment of I'enitentiaries.

27. Sucli Classes of Subje<-ts as are by this Act
expressly exivpted in the Enumeration of
the Classes of Subjects by this Act assigned
exclusively to Provincial Legislation.

And any Matter coming within any of the Classes of Sub-
jects enumerated in this Section shall not be deemed to
come within tl\e Subject A Pro|)erty and Civil Rig' ts
comprised in the enumeration of the Classes of Subjev s
by this Act assigned exclusively to I'rovincial legisla-
tion.

.*i!). In each Province the Superintendent may, by
and with the Advice and (^nisent of the Provincial As-
senibl}', make Ordinances in relation to Education in the
IM'ovince, subject and according to the following Provi-

sicms :

(1) Nothing in any such Ordinance shall prejudici-

ally alfect any Right or I'rivilege witli re-
spect to Denominational Schools which any
Class of l*(M'sons have by Law in the Province
at the Union :

(2) All the Powers, I'rivileges, and Duties for the

Time b<'ing by Law confeired and imposed
In Upper Canada on the Separate Schools
and School Truster's of Her Majesty's Roman
Catholic Subjects shall from Time to Time
be extended to tlie Schools of Her Majesty's
Proteslant and Roman Catliolic Dissentient
Subjects in Lower Canada :
(M) Where in any IM vince a System of Sei)arate
or Dissentient Schools for the Time being
exists by Law, an Appeal shall lie to the
(Jovernor-Cieneral in Council from any Act
or Decision of any Provincial Authority af-
fecting any Right or Privilege of any Class
of Persons in relation to Education :

FIRST DRAFT OF BILL,

155

(4) In case any such Provincial Ordinance as from
Time to Time seems to the (Jovernor-deneral
in Council requisite for the due Execution of
the Provisions of this Section is not made,
or in oase any Decision of the Governor-Gen-
eral in Council on any Appeal under this sec-
tion is not duly executed by the proper Pro-
vincial Authority in that Behalf, then and in
every such Case, and as far as the (Circum-
stances of each <'ase require, the Power of
the Parliament of the I'nited Colony to make
Laws in relation to f^ducation shall, notwith-
standinj!; anythinj-' in this Act, be unre-
stricted.

Lepinlii-

40. Notwithstandinj"" anythinj;- in this Act, any
Act of the Parliament of the United Colony may i»J»ke u,'"/j^^
Provision for the Uniformity of all or any of the Laws'nityof
relative to Property and Civil Rij^hts in Upper Can- Three
ada, Nova Scotia, and N(^w lirunswick, and of the i»,.o-I'"'^'"''^«-
ccdure of all or any of the Courts in those Tluee Pro-
\inces, and thenceforth the power of the Parliament of
the United Colony to make Laws in relati(m to any Mat-
ter comprised in any such Act shall, notwithstnndinj;
anythinff in this Act, be unrestricted ; but any Act of
tlie I'arliament of the United (\>lony makin}? Provision
for such T'niformity shall not have effect in any Province
unless and until it is ap]>roved and adopted by tlu* House
01' Houses of the Provincial Assembly thereof by Address
to the Governor-General of the United Colony.

41. Any Act of the Parliament of the United Colony
may, notwithstanding:: anythinji in this Act, from Time to
Time j)rovide for the Constitution, Maintenance, and Or-
i^aiiization of a General Court of Appeal for the United
<'olony.

42. Notwithstandin^t' anythinj; in this Act, any Act
of the Parliament of the I'nited Colony may from Time
to Time make I'rovision in relation to Ajrriculture in all
or any of the Provinces, or in relation to Tmmif?ration
into all or any of the Provinces, and in each I'rovime
Provincial Ordinances may make provision in relation

Court of
ApjR'al.

Concur-
rent Pow-
ers of Le(jf-
i>ilati()n ax
to Agri-
culture
and Im-
niigratiun.

Il!l"

I W

f >

■ i'li

S 9J

I'
'iBl

!|!l

156 FIRST DRAFT OF HILL

to Apriciiltiire in tlic Provinco or I in migration into the
Province ; but any suth Provincial Ordinance sliall liave
the Force of Law in and for the Province as lonj; and as
far only as it is not repn};nant to any Act of the Parlia
meut of the United Colony.

LdnffiKif/e.

En^ulii ^•^' Either the Enjjlish or the French Lansuaffe may

imd French be used by any Person in the Debates of the Houses of
angua ts. pjj^,.jjmj^^.jj^ ^^f ^j^,^ United Colony, and of the Houses of

the Provincial Assembly of Lower Canada, and either
or both of those LaTij'uaj;:es may be used in the respective
Records and Journals of those Houses, and either of
those" Lanfjuafi'es may be used by any Person or in any
Pleading: or Process in or issuing; from any Court of the
United Colony, and in or from all or any of the Provincial
Courts of Lower Canada.

[Qu. whether, as to Courts of the United Colony, tins
should not be confined to such of those Courts a'<
sit in Loner Canada.''.

Afliiiiasion
•of other
'Colonies.

Newfoundland and Prince Edward Iskind,

44. It shall be lawful for Her Majesty in (Council, on
Addresses from the Houses of the l*arliament of tlu'
United Colon\', and from the Houses of the Lejjislaturc
of the Colony of Newfoundland or of the Colony of Prince
Edwaixl Island, to admit the Colony of Newfoundland or
the Colony of Prince Edward Island (as the ease may be),
into the Union on the Terms and Conditions in the Ad
di"^sses expressed ; and the Provisions of any Order in
Council in that Behalf shall have Effect as if they had
been enacted in this Act.

''Mfl

FIRST DKAFT OF HILL.

157,

THE schedulp:.

First .Members of tlie Lejiihiative (Nnincil of I'liitcd

Colouv.

1. Upper Canada.

2. lyower Canada.
[Speeifyin^ the Twenty-foiir Divisions.]

.'?. Nova Scotia.
4. New lirunswick.

[No. .'iO of the Amt'nded Kesoliitions (Powen* and Privi-
leges of the Houses) may be provided foi* by Col-
onial Lej^slatiou.

Nos. 31-7 (Courts, Judges, etc.) might be left for Colonial
Legislation, unless there is some special Reason for
having them inserted in the Imperial Act.

No. 40 and I'ai-ts of Nos. 47-50 relate to the (.Constitution
and IM'oceedings of the Provincial <5overnments
and Legislature^^. It is understood that Draft
Clauses on these Subjects are being prepared by
the Delegates of the several Colonies, which when
completed can be considered in (Consultation with
them.

Nos. 5:}-0;i (Property and Liabilities) are r«^erved for
further Consideration.

No. (55 (Intercolonial Railway) must bi' dealt with sep-
arately.

All the other Resolutions seem dispos«Ml of in this Draft
Hill as far as I^^gislation is re(piisite.

Are such Provisions considered desirable as ss. 47, 48, of
the Canada Union Act of 1840, relating to (]3on-
tinuance of Courts, Commissions, etc., and to Tem-
porary Acts ?]

ijr

(Confidential.)

THIRD DRAFT* (OF CONFERENCE).

Dated 2nd February, 18G7.

WHEREAS the Provinces oF Canada, Nova Scotia, and
New BiiuswiCK have expressed their desire to form a Federal
Union under the British Crown, for the purposes of Government
and Legislation, based upon the principles of tlie British Consti-
tution.

Be it therefore Enacted bv 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 :

1. This Aft may be eited as "TIk British North American
Act, 1867."

2. The words " the Queen," shall mean Her Majesty, Hoi-
Heirs, and Successors, Sovereij^ns of the United Klnjjdom of
Great Britain and Ireland.

The words " from and after the Union," shall mean from
and after the day on w^hioh the proclamation, declaring the Union
of the Provinces, shall take effect.

The ^^ ord " l\irliament " shall maan the Iveijislature or I'ar-
liament of the United Provinces.

The Avord " Legislature " shall mean the Local Legislature
or Parliament of the several Provinces.

The word " Union," shall mean the Union of the Provinces
of Canada, Nova Scotia, and New Brunswick.

The words "Governor General in Council," shall mean the
Governor or i>erson administrating for the time being the Gov
ernment of Canada, acting by and with the advice of the Privy
Council thereof.

*The drafts marked respectively : " 1st draft, 30th January, 1867," and " 2nd
draft, 3l9t January, 1867," are incomplete, but so far as they go contain nothing
not included in this draft.

1 •'»<

THlllD ItllAlT OV mi.f.

lot)

MA, ami

Fedei'Jil

ornmont

L CoiiHti-

CEl.LENT
Spiritual
isombled,

Linei'icjui

!sty, Her
gdom of

an from
ie Union

or rar-

jislatun'

•rovinces

iiean the
the tlov
le Privy

and " 2nd
lin nothinsi

The words '' Li<Miti'nant-(}ov(M'nor in ('ouncll," shall ini*an tlie
LiiMitenant-(5oviM'n(»r or iMMson adniinisi«'rinj? for the time beinjjf
the (Joverninent of tdtliei" of tlie lM-ovin('«'s of Ontario, Qneln'c,
Nova Scotia, or New nrunHwiclv, acting by and with the advice
of tlie Executive Council then'of.

;». From and aft«'r tlie Union, all Acts and |»airts of Acts
passed by the ParMa.ment of drt'at Hritain, the Parliament of
the Unit«'d Kingdom of (Jreat IJritain and Irehind, the Legisla
tare of ri)p<'r Canada, the I^'gislature of Lower (.'anada, the
liCgislature of Canada, the Legislature of Nova Scotia, or the
Legislature of New Ilrunswick, which are I'epugnant to oi* incon
sistent witli the provisions of this Act shall be and the sam«» are
hei-eby repealed : I'rovided always that the repeal of the said
several Acts of Parliament and imrts of Acts of Parliament shall
not be held to revive ()r give any force or <'ffect to any euactnu*nt
which has, by the said Acts, or any of them, been repealed oi-
determined.

4. It shall be lawful for the Queen with the advice of her
Privy Council, to declare by proclamation that the said Pro
vinces of Canada, Novji Scotia and New IJrunswick iipon, from,
and after a certain day in such proclamation to be appointed,
which day shall be within

calendar mouths next after the passing of tliis Act, shall form
aiud be one united dominion, under the name of the Kingdom ot
Canada, and thenceforth the said Provinces shall constitute and
he One Kingdom under the Name aforesaid, upon, from, and
after the day so appointed as aforesaid.

5. From and after tlie Union, Upper (>anada and Lower
Canada shall be severed, and each shall fottiu a separate Pro-
vince.

(5. From and after the said Union, Upper Canada shall be
named and known as the Province of Ontario, and Lower Canada
shall be named and known as the Province of Quebec.

The Executive Poweu.

7. Tlie Executive Crovernment and authority is and shall be
vested in the Queen.

8. The Queen hias and shall have the Command-in-Chief of
the Land and Naval Militia, and of all Naval and Military I'orcea
whatsoever.

100

THIKl) DUAFT OF HILL

I •

S. The (iov('rnor-(i(Mi<*ij»l nui.v, by iiiHtrunient under 1h(»
(iioat ^Val of <\iiiadii, fouHtitutc an Kx«Miitiv«* (Vnuuil, whicli
hIuiII Ik* (•!;!!"<] I!h' IMiv.v ('(muhiI uf Canada, and lu' nia.v from
tiiuf to tinu' at>tM>inf and remove Members thereof.

\). All iM>wers, authorities and fun«'tion8 wliicli by any Act
of the I'arlianu'nt of (Irc'at liritain, or of the Parliament of tlu'
Tnited Kinp:dom of (Jreat nritain and Ireland, or by any Ait
of the Legislature of Upper Canada, l^wer Canada, <*anada.
Nova. SeotiH, or New Jlrunswick resitectively, are ve»te<l in, or
are authoris<'d or ivtpiired to be exercised by the res]>eetive (Jov-
ernors or Lieutenant(}overnorH of the said J*rovine«'s, with the
advice, or with the advice and consent, of the Executive (^ouncil
of such Provinces respectively, or in conjunction with such Ex-
"cutive t'ouncil, or with any number of the Members theiv(rf, or
by the said (Joverncu's or Lieuteuant-Crovernors individually and
iilcme, shall, in so far as the same are not repupumt to or incon-
sistent with the provisions of this Act, be vested in and may be
exercis^'d by the (lOvernor-CJeneral of the Kiuifdom of Canada,
with the advice, or with the advice and consent of, or in conjunc-
tion, as the case may reipiire, with the I'rivy Council, or any
MemlM»rs thereof, as nmy be apjwnnted by the (2ue<'n for the
affairs of the Kinj^dom of Canada, or by the Crovei*nor-Cren«M'aI of
the Kingdom of Canada individually and alone, where the Jidvice,
consent, or concurrence of the l*rivy Council is not recpiired.

The LEciisLATivE Power.

10. From and after the Union, there shall be within and
for the Kinfjdom of Canada, one (Jeneral Parliament, which shall
be composed of the Queen, an Upper Chamber to be called the
Senate, and a House of Commons.

Senate.

11. For the purpose of forming the Senate the Kingdom of
Canada shall Ih' considered as consisting of three Divisions : —

(1) Ontario.

(2) Quebec.

(3) The Maritime Provinces of Nova Scotia and New

Brunswick ;

And each Division shall have an equal representation in the
Senate.

THIIU) DUAFT (»K IWI-L.

l()l

ll*. (>nl;i.i'l(> shall be I'epivsiittHl in the Sciiiitt' l»y Iwcnty-
foiir MciuImm-s, (^iu'Im'c by twculyfonr .McinhtM's, iiiul llu* Mari
liin.- IMovliMcs l»y twiMityfour Mt'inlicM-s. of which Nova Scoli.i
sliall liavc twt'lvt' .MciulM'rs. and Xi-w I'.runswiciv twelve Mem-
bei's.

i:{. For the purpose of eoniposin;; the Seiiiite, it shall be
lawful for the ( Jovei-nor-deneral, before the tiin«' to be appoint 'm!
for the lirst njeetin;r of the Parliament et" Canada, by an Tnstrii-
nienr ov instrnnienfs nndei' the (ireat Seal of ('anada, to siini
nion to the Senate such i>ers(»ns as Her .Majesty may thiidc tit,
subject to tlu' provisions of this Act : and it shall also be lawful
for the (rovernor-deneral in like manner to suinmon to the Sen
ate such othei* person oi' persons as Her Majesty shall think fit,
subject to the ]>rovisions of this Act. and every [tei'siui who
shall be so suiniuoned shall th.*reby become a Membt'r of the
Si'uate.

QuALii'iCATiox i-(iK Skxati;.

14. The Senators shall each 1k' of the full ap' of thirty years,
shall each be a natural boi-n subject of the (^ueen, or lu'r subj-ci
naturalized by Act of the Parliament of the I'nited Kinj^doii!
of (iVeat IJi'itain and li-tdand, ov by an Act of any or either <»;•
one of the Lt'iiishitures of the Provinces of ('anada, I'pper Can-
ada, Lower Canada, Nova Scotia, or New 15runswick. or by an
Act of the Parliament of Canada hereby created, and shall eacli
be lof^ally or eipiilably seised or entitled as of freehold for his
own use and benefit of lands oi- tenements lu'ld in free and com
UKHi socaj^e, or seised and po.^sessed foi' his own iise and beni'f.t
of land or tenements held in lief. frauc-alliMi or roture. in tb.e
Province for which he shall be app(nnted, of the value of four
thousand dollars over and above all debts, charji'es. dues, and
incumbrances thereon, and shall each be and continue to be
worth the sum hist aforesaid over and al>ove his debts and liabili-
ties ; and shall each also possi*ss a continuous residence in the
Province for which he is appointed, except durinj; the time that he
sliall hold an ofHce under the (loverument, the duties of which
will re(|uire his continuous attendance at the seat of iJovernmeut
of Canada.

15. In tlie case of Qm^bec, each of the twenty-four Senators
representin}!: such Province shall be appointed to re])resent one
of the twenty-fonr Electoral Divisions mentioned in Schtnlule A

POPE CON. — 11

I'J^

-t':

1G2

THIRD DIJAFT OF I'.ll.l,.

||?<V

of Cliaptci' First of the CoiiHolidatt-d Statutes of Canada, and
siicli Senator shall ivside or jjosscss his qnalitication in the Elec-
toial Division he is a]»i)ointed to represent.

Hi. If any Money Hill passed by the House of ('onnnous is
it'jected by the Senate for any one Session, or if any other Bill
passed by the House of (.'onnnons is rejected by the Senate on
thi-ee consecutive occasions, and if in such case or cases the
(lovernor-CJeneral shall ascertain that such Hill or Hills has oi
have been carried by the majority of voices from two out of the
three divisions of the Kingdom, then and in such case it shall be
lawful for Her Majesty to create additional .Members of the Sen-
ate, preserving- the rule of e(piality between the three Divisions
of l'])])er Canada, Lower Canada, and tlie Maritime Hrovinces.

17. In case of such increase on such vote beyond tihe norujal
number of seventy-two ^Members of the Senate, no additions
shall thereafter be made until each section shall be represented
by twenty-four Members and no more.

IS, AYhenever after the first appointment a vacancy in the
Senate shall take place, it shall be lawful for the (5overnor-(ien-
♦"ral, in ihe Queen's Name, by an instrument under the (Jreat
Seal of <'anada, to summon to the said Senate a person duly
(pialitied according to the provisions of this Act to till sucli
\acanc^e

J!). Every Senator shall hold his seat in the Senate foi- the
term of his life, subji'ct to the provisions of this Ac".

20. If any Senator shall, for two successive Sessions of l*ar-
liament, fail to give his attendance in the Senate, or if he shail
take any oatli or make any dechiration or acknowledgment of
allegiance, ojedience, or otherwise, to any foreign Prince or
lV>wer, or shall do. concur in, or adopt any act whereby he may
become a subject or a > itizen of any foieign state or powe-r, oi-
whereby he may become entitled to the rights, ])rivileges, or
immunities of a subject or citiz<'n of any foreign State or Powei'.
or shall cease to have tiny of the qualiticatious retpiired by this
Act, or shall bi'come bankrupt or take the benefit of any Act
relating to insolvent debtors, or l)ec()) ic a defaultor, ur lie
attainted of treason, or be convicted of felony or of any infann>u«
crinu', his seat in the Senate ' lall thereby become vacarit.

21. Every Senatoi* shall, before taking his seat, take the
oath of Alh-^giance to The (^ueen before The (lovernor-Cicneral

THIRD DRAFT OK lilLL.

103

or sonic iicrson or ixMsoiis jiiitliorisi'd by hiiii to mnke a (icelara
tion in Sclunlulc A mentioned.

Ul*. Any person \\iH) at tlie time of the I'nion is a Member
(if the Le<;-ishitive (N^uncil of Canada, ov of Nova Scotia, or ot
New Hrnnswiek, and who may aecejut llie oltice of Senator, shall,
by his a"ct'[)tance, be held to have vacated his seat in sncli Lejjcis-
lativi' f'onncil.

li.'i. Any Senator may, by writing' under his hand, addressed
to the < Jovernor-(ieneial, resijin his seal in the Senate, and there-
niton such seal shall become vacant.

'21. If any question respectinj;' a v.-c;incy in the Senate shall
;irise. the same shall be lu^ard and determined by the Senate.

ilo. T]u; Governor-General shall liuve ])()\vei' by vn instninicnt
inider the Great Seal of the Kinj^dom, to a])]>oint one Member of
the Sf'nate to be S})eaker thereof, and to r<'movi' him and apjioint
anoilier in his stead.

lit;. Subject to alteration by the I'arliament of <'anada,
the i)res;'nce of at least lifteen Members of tlie Senat", includinj;
tlie Speaker, shall be necessary to constitute a Meetinjjj for the
cxciM-ise of its i»o\vers.

27. The Speaker shall vote as other Members, and in case or
an ('(piality of votes, it shall be held that the decision is in tlu'
ne;iative.

HoT'SE OK Commons.

lis. For the jairjtose of constitutinj; the House of Gommons
<4" the Kini'dom of 'anada, it shall be lawful for the (Jovcrnor

within

mcmths after the T'nion. and thereafter

tiitm time to time, as occasion shall reipiire, in Her Majesty's
name and by an instrument or instiuments under th;' <lreat Seal
(if Canada to summon and call toj^cther a House of Commons
iu and for Canada.

L'i). The House of Commons shall c(Uisist of one hundi'e<l an<l
t'ijility-one members, of Avhom eiti'lity-two mcuibei-s shall Ik^
elected fcM* Ontario, sixty-five for (^'i*'"'*''*'. nineteen f(^r Xo\a
Scotia and New lirunswick.

;'.(>. Constituencies of Ontario. .

in. Constituencies of (iueliec.

Ml!. Consrituencies of Xova Scotia.

;>:*». Ccuistituencies of New Ibuiiswick.

1U4

THIKI) DitAl'T OF Hll.l..

IfiH^

;14. Tlx'n- slijill iM» ji (Iciicral ('<'iisns of iIm^ i»t'(>i»l(^ o\' >. ic
Kinj^^loin of Cauada. T^ken In the year One thoiisaiul ciyilit Inni-
(Ired and seven ty-ont**, and decennially rtfter\vai'«i# : and
immediately after the said census, and inimedia1«**y after
every decennial census tliereaftei*, the repiH^enialion from
each Province in the House of Conunons shall be r(^ adjusted \n
such authority, in such niannei'. and from such time, as any Act
of the l*ariiani<*nt of < "anada from time to lime directs, according
to the followiiiji lules : —

(1) Lower Canada shall have the fixed yuml)er of Sixty-
five Keju'e^sentatives :

{'2) Thei-e sliall be assigned to <'acli of the other Provinces
such a number of K< ,,resentatives as will bear the
same Proportion to the number of its Populatiou
(ascertained at such census) as the Number Sixty
live l)ears to the Number of the jnw^ulation of Lower
Canada (so ascertained).

(:j) In the comi)utation of the Xumber of Kepresentatives
foi- a Province a fractional ])ai't less than one-lialf of
tile wliole iiumber reiiuisite for entitling' the Province
to a liei>resentutive shall b<^ disi-egarded ; but a frac
tional }»art exceeding one-half of that number shall bo
e(]uivalent to tlie whole numl»er.

(4) On any such Ke-adjustnient the Xumber of Represents
fives of a Province shall not be reduced unless the
Pro]»oi'tion which the Xumber of the Population of
the Province bore to the Xumber of the aggregate
Pojtulatiou of tlie United Colony at the then last i»re-
' ■ ceding- Re-adjustment of the X'umber of Representa-

tives of the Province is ascertained at the then latest
Census to be diminished by One Twentieth Part oi
u J) wards.

But stich readjustment shall not take effect until after the
termination of rhe tlien existing I'arliament.

;{.■). The XunibtM' of Members of tlie Honse of (J(»mmous nl^^
be from Time to Time increased by Act of tln^ Parliament of
Canada. ])rovided tlie projmrtionate Re])resentation of the sev
eral Provinces p- escribed by this Act is not thereby d'sturbed.

THIRD DRAFT «)F HILL.

1»)0

of >. U'
]\\ lUHl-

;uul
V aftt'i
n I'loiu
istcil h}
iiny Act
•cordiiic

)f Sixty-

M'oviiH'i'S
bear vIh'
jpuliitiou
('!• Sixty
of Lowci

jciitativi's

uc-lialf of

I'roviiKt'

nt a frac

sliall ho

l>i'eseiit;i
111 ess tlie
ilation <»f
looT'eji-atc
1 last i»ro-
'proseiita-
It'll latest
I I'ai't or

after tho

I lions lll^^
liameiit of
If the sev-
I'stiu'bed.

80. Every House of Coimiions shall ((Hilimie fi»i- five Years
from the Day of the Keturn of the Writs for choosing the House
(subject to be sooner i»roroj;ue«l or diss(»Ive(l liy the (rovernor-
<ienenil), and no lonj^er.

'M. For the jairpose of such Ke-adjustinents, Quebec shall
always be assii;iied sixty-live 31 embers, and each of the otiier
Provinces shall, at each Readjustment, receive for the ten yenra
then next succeed! n.^-, the number of ^leinbers to which it will be
1 lit it led on the same ratio of representation to jiopnlation ai-
(^uelx'c will enjoy, according to the census then last taken by
Iiavinji' sixty-live Membei's,

.'{8. No reduction shall be made in the number of MemlK'rs
ictunii'^ by any l*rov1nc' , unless its population shall have de-
n-eased relatively to the population of the whole of Canada, to
the extent of five j)er centum.

.'!!>. In roinputii.^- -.it each decennial jwriod the number of
.Members to whic ' i Province is entitled, no fi'actional parts
shall be considered, unles when exceeding one-balf the number
'Mititling to a Member, in which case a Member shall be given
Un- each such fractional part.

40. The number of ^lembeis may at any time be increased,
ii'gard being had to the proportionate rights then (.'xisting.

41. Until provisions are made by the I'arliament of Canada,
all the laws which at the date of the l?ro<-laniation constituting
ilie I'nion are in foi'ce in the Provinces respectively relating to
the (iualiti<*ation and dis(iualilication of any person to be elected,
!»!• to sit or vote as a Mt'iiiber of the House of Assembly in the
it'spective Provinces, and relating to tlu' (lualitlcations or dis-
•liialitication of voters, and to flie oaths to be taken by voters,
1111(1 to Keturning Oflicers, and their pc^wers and duties, aiui
relating to tbe proceedings at elections, and to the jiericHl during
wliicli such elections may be continued, and relating to the trial
uf controverted elections, and the ])rofeedings incident thereto,
iiiul relating to the vacating of seats of Members, and to th(>
'Xfciition of new writs in ease of any seat being vacated other-
wise than liy a <liss()lution. sh.-ill respectively H])ply to Klections
• •f Members {o serve in the House of Commons of Canada.

42. The Senate and House of Commons of Canada, shall be
<alled together for tlu' lirst time, at some jwiiod not later than

calendar nnmths frcni and after the Cnion.

16G

TiUUl) DllAFT ()!•' I'.IIJ,,

III if

4:5. The House of Couinions shall, upon its first assiMiiblinj?.
after every j^eneral election, proceed forthwith to elect one of its
number to be Speaker, and in case of his death, resij^nation, <tr
removal by a vote of the Commons, the said House of Commons
shall forthwith proceed to elect another of their ^Members to be
Speaker : and the Speaker so electi*d shall preside at all Meet
inji's of the ('omnions.

44. The j)i-«»sence of at least Twenty Members of the House
of Commons, includin}>; the Speaker, shall be necessary to consti-
tute a Mi'etiiiji' of the House of ('cHumons for the exercise of its
powi-rs, and all ([uestions whicli shall ai'isr in th.' ( "oiiiiinins sliall i-c
decided by the majority of voices of sudi Members as shall be
present, other than the SjK'aker ; and when the voices shall be
equal, the Speaker shall have the castinj;^ vote.

4.J. N{> SenatfU" s^hall be capable of beinj; elecited, or of sittin;;-
or voting' as a Member of the House of Commons.

IMoxF.v.

4(). Uills for appropriatinji' any pai't of the Public Revenu!-
of Canada or for imposinji' any Tax or Impost shall orij^inate in
the House of Commons.

47. It shall not be lawful for the House of Cou)mons To
ado})t or pass uuy vot;', resolution, addi-ess, or bill for the appro-
priation of any part of the IMiblic Kevi'nue, or of any Tax <u' Ini
j)Ost, to any i)nrp()se that has not been first recommend(Ml to that
Houso by messa'ji'e of tlie ( Joxci'uor-General in the Hessio n in
which such vote, resolution, address, or l»i]l is proposed to bo
adopted or passed.

Royal Assent, k<\

4S, ^^'here a I'.ill passed 'l)y tin* Houses of Parliament of
Canada is presi'uted t(v the C»overn(U'-(ieneral foi' The Queen's
assent, he shall declare accordino- to iiis discretion, but subject
to the ])rovisions of this Act and to Her Majesty's instruction^,
eitlMT that he assents liiereto in The liuetMi's name, or that li '
\\ ithliolds The (Queen's assent, or that he reserves the P>ill for the
signification of The (iuei'u's pleasure.

4!). Wliere the (lOvernor-Ceneral assents to a P»ill iu Tlii'
Queen's nami', he shall by the first convi'iilcnt ojiportunity send
an authentic copy of the Act to one of The (Jueen's principal
Sen-etai'ies of Statv and if tilie Queen in Council witliin twD

<a!£m:<~

THIUI) DRAFT OF lilM-.

107

Tt'iirs after ivci-ipl tluM-t'of by tli«' Secret arv of State thinks tit
to disallow the Aot, such disallowance (with a certiticate of tli^'
Secretary of State of the day on which the Act was received l>y
hitn) bein^" sijiiiified by the (iovei-nor-rrenenil, by si>eech or nies
saj,'e to the Houses of Parliament of Canada, or by pi'oclaniation,
siiall annul the Act from and after the day of sncih sij^nification.

50. A liill reserved for the si};nitication of The (Queen's pleas-
ure shall not have any foi-ce unless and until within two years
from the day (m which it was presented to the (lovernor-deneral
for Her Majesty's assent, .' e (Jovernor-deneral sij;niti(\^, by
speech or nu'ssaj^e to each of the Houses of I'arHament of Can-
ada, or by proclamation, that it has received the assent f>f The
Queen in Council : an entry of every such :<peech, mess-ijje, or
proclanuition shall be made in the Journal of each House, and a
duplicate thereof duly attested shall be delivered to the proper
otiicer to be kei»t amon^' the rc-ords of Canada.

AXNCAL SESSION.

51. There shall be a Session of the rarliament of Canada
once at least in every year, so that a period of twelve UKmths
shall not intervene between the last sittiujx of tlie I'arriauM'Ul
in one Session, and the tirst sittinii,' thereof in the next Session.

TOWERS OF PARLIAMENT.

~)'2. It shall be lawful for the Queen, by and with the advice
and consent of the Houses of Parliament of (^anada, to make laws
for the peace, order, and j^ood jiovernuu'ut of th'e Kin<;dom, ami
of tlie several Provinces, in relaticui to all matters not comini;
witliin the classes of subjects by this Act assiuned exclusively to
Provincial Lej>'islation ; and for ji'reatcr certainty, but not so
;is to restrict the j;"nerality of the foi'ejAoinj; terms of this Sec-
tion, it is hereby dechired that the Leuislative AutlKU'ity of tlu'
Parliament of Canada extends to all matters c(Huin<i- wit Inn the
classes of subjects next hereinafter enumerate<l. that is to say: —

1. The Public Debt and Property.
•2. The Rejiulation of Trade and ('(unmerce.
:>. The ralsinii' of money by all or any mode or system (»f
Taxation.

4. The borrowing of money on the Public ('redit.

5. Postal Service.

III

li:|.

168 TFUKI) r)]{AFT OF BILL.

<5. Lines of Stoani or otluM* Ships, Railways, Canals, and
otluT works lonneitinjj: any two or more of the Pro-
vinces together, or extending; beyond the limits of
any I'rovinee.

7. Lines of Steamships between Canada and other conn-
tries.

S. Teleftr:iphie Comninnication and the incorporation of
Telej^rapli Companies.

All snch works as shall, althonjrh lyin}? wholly within
any I'riniuce, be specially declared by the Acts au-
thorisinji; them to be for the general advantage.

The Census and Statistics.

Militia — ^lilitiary and Naval Service and Defence.

Beacons, Buoys, Lig'ht Houses, and Sable Island.

N ivigation and Shipping.

(^t arantine.

Sea Coast and inland Fislieries.

Ferries between any I'rovince and a Foreijrn Country,
or between any two Provinces.

Curi-ency and Coinage,

Maiiking' — Incoijtoration of Banks and the issue of paper
money.

Savings Banks.

Weights and Measures.

Bills of Exchange and Promissory Notes.

Interest.

Legal Tend(.'r.

Bankruptcy and Insolvency.

l*atents of Invciition and Discovery,

Copy Kiglits.

Indiaiis and Lands i-eserved f<)r tlie Indians.

Naturalisation and Aliens.

Marriage and Divorce.

The Criminal Law, excepting the Constitution of Courts
of Criminal .lurisdiction but including the procedure
on Criminal matters.

J).

10.
11.
12.

i;{.
u.

15.
K).

17.
18.

10.
20,
21.

2;!.

24.

2r),

2(1.

27.

2S.

2:>.
;io.

THIUI) DRAFT OF HII.L.

10!)

T comi-

;{1. Tlu' cstablisliUKMit, iiuunlcnjinte, and inauajjemeiit of
P(Miit«'ntiari«'s.

;i2. lii'nderinj; nnifoiin all or any of the laws relative to pro-
perty and civil rij;hts in Upper Canada, Nova Scotia,
and New JWnnswick, and rendering- uniform th<^ pro-
ct'dni'e of all or any of the Courts in these I'rovinces ;
])ut any Statute for this pui-pose shall liav«* no force
or authority in any Province until sanctioned by the
Lejiislature, and when so sanctioned the power of
amending, altennjij, or repealiujj: such laws shall
thenceforward be vested in the Parliament only.

'.V.i. Immip,ration.

.'54. A}j;ricultui-e.

:{5. To establish a C.eneral Court of Ajtpeal, and in ordei' to
the due execution of the Laws of Parliament addi-
tional Courts, Avln'U necessary.

.">(i. To lix and provide for the salaries and allowances of the
(lovernors of the several I'roviuces, and of the
Jud^^es and all other officers of the Union and of the
Superioi', District, County and Recorder's Couits, ami
of the Aduiiralty Courts, in cases where the Judyes
thereof are paiil by salaries.

.".7. And also for the peace, welfare and ^ood ^oveniment of
the Union respectiu}; all matt<'rs of a .general charac-
ter, not specially and exclusively herein reserved for
the l^e<;islatures, and such laws shall control and
supersL'ilc any laws in any wise repu^'iiant thereto (»•
inconsistent therewith which may have been nrade
prioi- thereto ; and any law made by auy Lejjislature
in pursuance of the authority hereby confei-red u}>on
it in rejfard to matters and subjects in vvhich eon-
ciiricnt jurisdiction is hereby ;^iven to he Parliament
shall, so far as the same is repujiuant to or iu< ^n-
sisteni with any Act i»assed by the ParlianuHit, 1*e
null and void.

.">;i. The Senate, or the Members thereof, and the House ot
'"onnnons, or the ^lembers thei-eof, are res])ectively to be en-
titled to, and shall and nmy <'xercise, as brandies of the Parlia-
iiient of the Kinjidom of Cauada. all the ]»o\vei's and privilejies.
and be subject to all the resptnisibilit". s ami duties wliieh the

'> 8:

170

THini) DIJAKT OF I'.ILF,.

i « fl

li -

i -^

House oi" Lords or the House of Commons of the United Kinj;-
dom of (Ireat Britain and Irchnul, or the Members thereof enjn.v
(as the ease may be), or are subject to, exeept as herein provided,
and except also as to the Judicial functions of the House of
l-ords.

54. The first F^lections for Members of the House of Com
nu)ns of (Canada, and for Members of the Lefjislative Assemblies
respectively of Ontario, Quebec, Nova Scotia, and New lirnns-
wick, shall be held upon the same day, and be taken by the same
Ketui'uinf; Officer.

Ukvenues, Civil List, ^v.

T)."). From and after the I'nion, all Duties and Revenues over
which the respective Legislatures of the said I'rovinces before
and at the time of the i>assiug of this Act had, and have i)o\v( r
of Appropriation, excei>t such portions thereof as are by this Act
reserved to the Local (Jovernments, or raised by them in accord
am-e ^\ith tlu' Special i>o\vers conferred upon tliem by this Act,
sliall form one (Consolidated Revenue Fund, to be appro])riate(l
for the Public Service of Canada, In the manner, and subject to
the charges hereinafter mentioned.

.")(>. The said Consolidated Revenue Fund of Canada shall
be j)ennanently charged with all tlu^ costs, charges, and ex
])enses incident to the collection, numagenient, and receipt there-
of, such costs, charges and expenses being subject, nevei'tlieless.
to be i-eviewed and audited in such manner as shall be directed
by any Act of the l*arliament thereof.

57. Out of the Consolidated Revenue Fund of Canada, thei"'
shall be i)ayable every year to Her Majesty, her heirs and suo-
<'essors, the sum of

for defraying the exjienses of the several services and purpose?;
nanu^d in tlie Schedule marked A to tins Act annexed ; and din-
ing the life of The Queen, and Uvv five yeai'S after the dtMuisc ef
Tlie Queen, thei'e sliali be jiayable to the (^ueen, out of the said
<'ons()lidnted Reveinie Fund, a furthei' sum of
for defraying the expense of tlie several services and purposi'S
named in the Schedule marked <' to this Act annexed ; tlie said
sums or to 1) ' issued by the

in discharge of sncli wan-ant or warrants as
sliall )h' from time to time directed to him under the Hand and
Seal of the Oovernor-Oeneral ; and the said

Tilli:l> DUAFT >(■' l!!l,L.

171

sli;ill Jiccoiiiij t(» tilt' (^iM't'ii foi- llic siiint' llivon^li the Lord Hi;;ii
Ti'Ciisnrci' «)!• Lords ('(Mmnissioiu'rs. of The (Eileen's Trcjisury, in
such numiu'r and t'oi-ni as The QiictMi shall be graciously pleas 'd
to direct.

TiS. I'ntil altef'od by any Act i»f the Pjirlianicnt of Canada,
tlic salary of the (iovei'nor-( Jeneral shall be that set a;;ainst his
otlici' in the said Schedule 15 ; and acc(>nnts in detail of (he ex-
penditure of the said sum of

liereiubefoi'e "granted, and of every ]Kirt there(^f -shall be laid be-
fore the Senate and House of ('oninions of (Janada, within thirty
(lays next afti'r the be^innin^" of the Session after such expendi
ture sliall have bei'U made.

T)!). Durinj;' the time for winch the said sum of
is payable, the same shall be accepted and taken by the (^ueen,
by way of Civil List, instead of all tei'ritorial and other revenues
now at the disj)osal of the Crown, arising' in Canada, and thrce-
lifths of the net produce ()f the said territorial and ot'her revenues
now at the disj^osal of the ('rown within ('anada shall be |taid
over to the account of the said Consolidated lli'venue Fund ; and
also durinjj: the life of The (iueen, and for live years after the
demise of The Queen, the reniaininj;' two-iifths of the net produce
of the said teri'itorial and other revenues now at the dis]n)sal of
the (Jrown within Canada, shall be also \n\k\ over in like manner
to the acconnt of the said Consolidated Revenue Fund.

(10. The consolidation of the duties and revenues of the said
Province shall not be taken to affect the payment out of the said
Consolidated Kevenue Fund of any sum or sums heretofore
ciiarjicd upon the rates and duties already raised, levied and col-
lected, or to be raised, levied and collected, to and for tlie use of
Canada, for such tinu' as shall have been apiK)inted by the sev-
eral Acts of flie Le«>isla tares of the Provinces of Canada. Nova
Scotia, and New P»runswick, by which such charj^es wei'e sevei'-
ally autliorised,

<;i. That the expt'uses of the collection, mana^'emeiit, and
receipt of the said (Consolidated Kevenue Fund shall form tiie
tirsr cluii'ji'e thereon ; and that the annual intei'est of tlie i)nbli('
debt of the Pi'ovinces of New IJrunswick or eiliiei' of them at tlio
riuie of the Union, shall form the second charj;'e thereon ; and
the said sum of
sh.ill form tlie iliinl cliai-ji'e thereon ; and the otiier charges upon

& >^ii

172

Tllinn IIHAIT OF IIII.I..

Ilu' rntcH iuid duties Irvicd wiliiln Canjuhi, iKM-riiibt-forc rcservfd.
wliiill form th«* sixtli cliar^c 1Ii»M'«'(hi, ho loii^as siicli charjit's shall
contiiiiK* to be payable

i\'2. Subject to the several jiayinenis lu'i'eby cliarj^ed on the
said Consolidated Revenue Fund, the same shall be ap]u-o]>ii
ated by the Parliament of Canada, for the public service, in such
manner as they shall think i)ropei'.

Local Con'stitijtioxs.

(I.']. For <»ach IM-ovince of Upiter (\inada, Lower Canada,
Nova Scotia and New IJrunswick, there shall be an officer, styled
the Lieutenant-Ciovernor, to be ai»i»ointed by the (Jovernor-den-
eral in <'ouncil, under the j^reat. seal of Canada.

(»4. A Lieutenant-(iovenior shall hold oftice duriuj;' the plea-
sure of the (jOvernor-Cieneral in Council, but any Lieutenant-
< lovtnnor ai)pointed after the comniencement of the tirst Session
of the Parliament of Canada, shall not be removable within five
years from his ai)pointment, except for cause assij;ned. which
shall be communicated to him in writinj; within one month after
the order for his removal is made, and shall be c(nnmunicated by
messaji'e to each of the Houses of Parlianu^nt within one week
tlK'i'eafter, if the Parliament is then sitting;, and if not. then
within one week after the commencement of the next sitting of
the Parlianu'ut.

•15. The salaries of Lieutenant-<iovernors shall be fixed and
provided by an Act of the I'arliament of Canada.

(!<>. In each IM'OA'ince, the Lieutenant-Governor may, by and
with the advice and consent of the Lej;islature, make laws in re-
lation to matters cominfj within the classes of subjects next
iHM'einafter enumerated : —

(1) The amemlnient from time to time of their Constitu-
tions excei)t as relates to the office of Lieutenant-
(Jovernor:

{'2) Direct Taxation within the Province in order to the
raisin;^' of a revenue for I*rovin(Mal Purimses, includ-
inii', in the case of New Pi-unswick. the levying", by
the mode and to the extent (if any) established by
Law at the rnion. Dues on Timber, not beinf"" the
])r(H]uce of any of the Provinces other than New
Kruns\\ick:

THIHD 1)1!A1 r or IJIM,

17:{

(:'.) Tlic Itorrowiiij; of niont'y on the sole credit of the Pro
viiicc for rrovliiciiil riiritoscs:

(4) Tlic csliiMislmiciU ;ni(l loiiiiri' of rroviiicial olliccs. iind
Uio iipitoiniiiuMit iiiul piiyiHcnt of rroviiicial olliccrs:

(.')) The niiiiiii^ciucnt aiul sale of llie piihlic lands helon^iiu^'
1o I he Province:

(()) The establishment, maintenance and mana^iemeiit of
])nltlic and reformatory prisons in and for the Pro-
vince :

(7) The estaldishment. mainfenance and manajiement of
hosj)itals. asylnms, charities, and elee-mosynary in-
stituiions in and for Ihe Province (oilier tlnin marine

hos

pitals)

(N) ^lnnici](al inslitntions in tlie i'rovince:

(!)) Shop, saloon, tavern, anctioneei', and other licenses, iu

order to the raisin<>- of a revenue for provincial, local,

or miinicii)al pni'[toses:

(10) All works and nndertakinjis:

(11) The incorporation of ()om[)anies with exclusively Pro-

vincial objects :

(12) The solemnisation of marriaj^'e in the Province.

(i:j) Property and (Hvil Rights.

(14) The administration of justice in the Province, inclndinj:;
the constitution, maintenance, and orjianisation (»f
Provincial Courts, both of Civil and <'riminal Jurisdic-
tion, and indndiuj;' procedure in Civil matters in those
Courts.

(IT)) The imposition of punislunent by tine, penalty, or im-
prisonuient for enforcing' any Pi'ovincial Law made in
relation to any matter comin^i' within any of the
classes of subjects ennmeratt'd in this section.

>■". In each Province the Lieutenant-Covernor may. by and
with the consent of the Legislative Assembly, inake laws in re-
lation to Education in the Province, subject ami according to
the following provisions : —

(1) Nothing in any such law shall prejudicially affect any
right or privilege with respect to Denominational
Schools which any class of persons have by Law in
the I'rovince at the Union.

.•^^

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Sciences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

C/.x

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174 THIUl) DHAFT OK HILL.

(2) All tlic powers, iniviK'tics, and duties at the Uuion hv

Law conferred and inipose^l in I'piK'i* Canada on the
sejiarate Schools and School Trustees of The Queen's
I{(H)ian ('i>tholic subjects, shall Itc extended to the Dis-
s«*ntient Schools of The Queen's Protestant and Ko-
n.an Catholic subjects in Lower Canada.

(3) Where in any Proviuct* a system of sej)arate or Dis-

sentient Schools by Law obtains or is hereafter
established by the Lejiislature thereof, an appeal shall
lit to the Ciovernor-CJeneral in Council from any Act
or decision of any Provincial authority affectinj; any
ri;;ht or privilej;«' of the Pi'otestant or Catholic min-
ority in relation to Education.

(4) In case any such Provincial Law as from time to time

seems to the (lovernor-CJeneral in Council re^piisite
for the due execution of the provisions of this section
is not made, or in case any decision of the dovernor-
(leneral in (.'ouncil on any ap[»eal under this section
is not duly executed by the proper I'rovincial Au-
thoritv in that behalf, then and in every sucli case,
and as far (mly as the circumstances of eadi case
retjuire, the Parliament of Canada shall have power to
make remedial Laws for the due execution of the pro-
visions of this section and of any such decision of the
(-rovernoi'-Ceneral in Council.

08. From and after the T'nion, such portions of the duties
and revenues, over which the respective Legislatures of the said
Provinces, before the time of the proving of this Act, had powers
of apiM'opriation, wliich are by this Act reserved to the Local
(Jovernments or Le^^islatures ; and all duties and revenues by
them hereafter raised in accordance with the special powers
conferred upon them by this Act,, shall form in each Provime
one Consolidated Kevenue Fund to be api)rop'.'iat«Hl for the pub
lie service of the said Province.

Nova Scotia.

(I!). There shall be two chambers as at present styled respec-
tively, the Lefiislative Council and the House of Assembly.

70. The Leiiislative Council shall consist of

71. The Legislative Assembly shall consist of

1 !

THIUD nUAFT OF V.UA..

Xlw BurNswii k.

175

7-. TlnM«' sliiill be two cliiiuihcis iis at pn'sent styled resiH'C-
tivcly, the Lt'jiislativc Couuril and tlic House of Assembly.
7;i. The Legislative Council shall consist of
74. The Lejj;islative Assembly shall consist of

LEGisi.ATnn: «»f Untakio.

7."). There shall l»e (jne Chambei", to be styled

7«». Thei-e shall be two chambei-s as at present styled le-
spectively, the Lej^^islative Coumil and the House of Assembly.
77. The Le<;islative Council shall consist of
7s. The Lej'islative Assembly shall consist of

]\Ii.s(;ella\fois.

70. Any Act of the railiament of Canada may, notwithstand-
iii;; anythinj;' in tliis Act, from time to time, provide for the con-
stitution, maintenance, and orj^anisation of a (Jeneral Court of
Appeal, and of such ('ourts as may be deemed necessary by the
Tarliameut of Canada.

50. NotAvithstandinj? anythinj; in this Act, any Act of the
Parliament of Canada may from time to time make provision in
relation to : —

(1) Aj;riculture in all or any of the I'rovinces.

(2) Immij;ration into all or any of the I'rovinces.

(.■{) All works and undertakin}i,s.

And in each Province provincial laws may make provision iii
relation to : —

(1) Ajiriculture in th-,^ Pi'ovinces.

(2) Immij' ration into the I'rovinces.

Ci) All works and undertaking's in the Province :
i>ut any such Provincial Law shall have the force of law in and
for the Province as lonj? and so far only as it is not repugnant to
any Act of the Parliament of Canada.

51. Either the English or the French language may be used
))y any person in the debates of the Houses of Parliament of Ca-
nada, and of the Houses of Parliament of Lower Canada, and
both of these languages shall be used in the respective records

! M

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.11

17U

Ttf/HI) DHAIT OF JULL.

and jotiriijilH of those Houses, jiiitl cither of those hiiijiuaires in ly
be nst'd by any person or in any pleadinj^ or piocess in or issning
from any Conrt of Canada, and in or from all or any of the IMo
vincial Courts of Lower Canada.

SI'. It sliall be lawfi.. for the Queen at any Hmc liereafter to
admit into the I'nion all oi- any of tlie Colonies of Newfoundland.
J'l'inco Edward Island, or the Xoi'th- Western Territorv or IJritisli
Colmnbia, on such terms and eonditlons as the Parliament of Ca-
nada shall deem ('(juitable, and as shall receive the assent of Hei-
Majesty ; and in the case (►f Newfoundland. Piince Edward Island
and British Columbia as shall be ajii'eed upon by their res])e(tive
Lejiislarures ; and in the event of the admission of Newfoundland
and Prince Edward Island, or either of them, each shall be en-
titled to a rejiresentation in the Senate of Canada of four .Mem
bers, but after the admissi<m of Prince Edward Island into the
(Confederation, the re[)iesentation of Nova Scotia and New Pruns
wick in the Senate of Canada shall upon any reduction by death
or otherwise to the number of Ten Members from each or either
of those I'l-ovinces not be re])iaced beyond that number, excej)!
as lu'reinbefore piovided ; and it sh.ill be lawful for The (^ueea
at any time hereafter to declare bv proclamation, that any oi-
either of the Cobmies of Newf\)undland, Prince Edward IslamS.
the North -^yestern Territory or llritish Columbia, upon, from,
and after a certain day in such i»roclamation to be appointed
shall so form a pt)rtion of the Kinpbun of Canada, and hencefortli
such Colony as the case may be. sliall be and become ji ]»oiti(»n
of the Kin«::dom. upon, from, and after the day so api>ointed a>
aforesaid, and :ij)on such terms and conditions as nmy be therein
<*xi tressed.

IXTEItCdLOXIAL EaILWAV,

s:{. And whereas the consti-uction of a railway from the
river St. Lawrence to tlu' city of Halifax, in the Province of Nova
Scotia, is necessary ;

And wheieas it has been as^reed between the Provinces that
such railway shall be constructed with all convenient speed.

Be it enacted, that the deneral (Jovernment shall within
months aft«M' the Union c(munence such railway, and within
mouths thereafter complete the same.

{Cdvfithintiai)

FOURTH DRAFT (OF CONFERENCE).

BILL

To provide for the Union and Government of British

North America.

WHEREAS the Provinces of Caxada, Nova Scotia and
Xf.w BiiUXswiCK liave expressed their desire to form a Federal
Union under the Britisli Crown, for the purposes of Government
and Legislation, based upon the principles of the British Consti-
tution.

Be it therefore Enacted hy the Queen's most Excellent
Ma.ikstv, bj' and with the advice and consent of the Lords Spiritual
and Tom])oral, and Commons in this present Parliament assembled,
and bv the authoritv of the same as follows i —

Preliminary.

1. This Act may be cited as "The Biitish North American
Act. 18<;7."

IxTERI'RE'IATION.

2. In rhe construction of this Act the following? rules shall
he observed with respect to the foHowinjj terms, unless otherwise
expressly provided for, or such (onstruction would be inconsis-
lent with the manifest intentiou of the Act, or 'epuj^nant to the
context — that is to say : —

The words " The Queen," shall mean Her Maji-sty, her Heirs.
juul Successors, Sovereigns of the T'uited Kingdom of (Ireat Bri-
tain and Ireland.

The words " from and after the T^nion," shall mean from and
;ifter the diiy on which the proclamation, declaring the Union of
the Provinces, shall take effect.

The woi-d " Parliament " shall mean the Legislature or Pai
liaineut of the Kingdom of Canada.

t'OPK CO.N. — 12

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178

KOl'.tTH DKAFT OF HILL

Th«' w«)rd "Lt't,'islatun'" shall mean the Local Legi»latmv (if
an.v of the Proviiui'H of the riiioii.

Tln' word "Union," shall mean llu' I'nion of the Provinces
of Canada, Xova Scotia, and N<*\v Uninswick.

Th<' words " (Joveinoi-Cieneial," shall mean the Chief Exe-
(Utive Ottlcer or Administrator for the time being of the Govern-
ment apjKvinted by the Qneen, by whatever name designsited.

The words 'MJovernor-Cieiieral in Council," shall mean the
Chief E cecntive Otticer or Administrator, (Jovernor or person ad-
Qiinistering for the time being the (Jovernment of Canada, acting
by and with the advice of the Privy Coninil thereof.

The words " Lieiitenant-(jovernor," shall mean the Chief
Executive Officer or Administrator for the time being of the Gov-
ernment of any Pi*ovince in the Union.

The Wy)rds " Lieutenant-Governor in Council," shall mean the
Lieutenant-(j()vernor or Administrator for the time being of the
Government of either of the I'rovinces of Ontario, Quebec, Nova
Scotia, or New Brunswick, acting by and with the advice of the
Executive Council thereof.

The word "Kingdom'' shall mean and comprehend the
United Provinces of Ontario, Quebec, Nova Scotia, and New
Brunswick.

The words " Privy Council " shall mean such persons as may
from time to time be appointed, by the Governor-General, and
sworn to aid and advise in the Government of the Kingdom.

The word " Canada " (when not applied to the Province of
Canada) shall mean the Kiugdoqu of Canada hereby constituted.

The words " Tapper Canada '' shall mean all that part of the
Province of Canada which formerly constituted the Province of
Upper Canada.

The words " Lower Canada " shall mean all that part of the
Province of Canada which formerl}- constituted the Province of
Lower Canada.

The word "Ontario" shall mean the Province of Ontario
liereby constituted, and the said Province shall be held to have
the same boundaries as that part of the late Province of Canada
known as Upper Canada prior to and at the time of the passing
of this Act.

v\y

Ftii; UNMON OK It. N. A. <» iI.dNII.S.

1:9

i'()Vinces

The word " QuflxM' " sliall iiu'jui llic I'ro'Viiu'i* of (iii«'lH'c
li( rcby constitntcMl, and the said IM-ovincc Khali be Iwld to have
tln' same bomidaiirs aH that part of tin- laic I*r()vin(«' of i'anada
Uiiowii as Lower Canada juior to and at (he tinic of ihc {tasHin^;
of this Art.

The words "Nova Scotia" sliall mean the rrovincc of Nova
Scotia, and the said Province shall be held to have the same
boundaries as existing prior to and at the time of the passing of
this Act.

The words " New Jtrunswiek " shall mean the Province of
New Hninswick. and the said Province shall be held to have the
same b()undarie8 as existing prior to and at th** time of tae pass-
ing of this Act.

The word "month " shall mean a calendar month.

Words importing the singular number or the masculiue gen-
der only, shall iochide more persons, jtarties, or things of the
same kind than one, and females as well as males, and the con-
verse.

The word " oath " shall b*^* construed as meaning a solemn
nttirmation whenever the context applies to any person and case
by whom and in which a solemn affirmation may be made instead
of an oath ; and in every case where an oath or afhrniation is
directed to be made before any person or otlicer, such j)erson or
officer shall have full i)ower and authority to administer the same
and to certify its having been made ; and the wilful making of
any false statement in any such oath or affirmation shall be wil-
ful and corrupt perjury' ; and the wilful making of any false
statement in any declaration required or authorized by any such
act as aforesaid, shall be a misdemeanour punishable as wilful
and corrupt perjury.

Repeali\<j1 Clause.

'A. From and after the Union, all Acts and parts of Acts
passed by the Parliament of Oreat Britain, the Parliament oi the
United Kingdom of (Ireat Britain and Ireland, the Legislature
of Upper Canada, the Legislature of Lower Canada, the Legis-
lature of Canada, the Legislature of Nova Scotia, or the Legisla-
ture of New Brunswick, which are repugnant to or inconsistent
with the provisions of this Act shall be and the same are hei-eby
repealed : Provided always that the repeal of the said several
Acts of Parliament and parts of Acts of Parliament shall not be

180

I'orilTH IHtAFT OF lilLL

held to rrvivc oi* ^ivo any force or pflf»»ot to any ouactnu'nt wliicJi
has, by the said Acts or any of thcni, Iwen repealed or detei*
mined, ih>v hIuiII tlie repeal of tlie said Acts and parts of Acts
affect- -

1. Any penally, forfeiture, or liability, civil or criminal, in
eurred befor«' the lime of su«'h rejjeal, or any i)roceedin^s for en
forcin^i: the same, had, done, completed or pending at the time of
such repeal.

2. Nor any indictment, information, conviction, sentence, or
pi'osecution had, done, completed, or peudinj; at the time of such
repeal.

."{. Nor any action, suit, judj^ment, decree, certificate, execu-
tion. proces.><. order, rule, or any proceedin;;;, matter or thing
whatever res{K'cting the same, had, done, made, entered, granted,
comi»leted, ptmding, existing, or in force at the time of such re-
peal.

4. Nor any act, deed, right, title, interest, grant, assurance,
descent, will, registry, contract, lien, charge, matter, or thing,
had, done, nmde, acipiired, established or existing at the time of
such repeal.

5. Nor any ottice, appointmeit, commission, salary, allow
ance, security, duty, or any matter or thing appertaining thereto,
at the time of such repeal.

6. Nor any marriage certificate or registry thereof, lawfully
had, made, granted, or existing before or at the time of such re-
peal.

7. Nor shall such repeal dereat, disturb, invalidate, or pre-
judicially ati'ect any other matter or thing whatsoever liad, done,
completed, existing or pending at the time of such repeal.

8. But every

Such i>enalty, forfeiture, and liability, and every such

Indictment, information, conviction, sentence, and prosecu
tion, and every such

Action, suit, judgment, decree, certificate, execution, process,
order, rule, procei^ding, matter, or thing, and every such

Act, deed, right, title, interest, grant, assurance, descent, will,
registry, contract, lien, charge, matter or thing, and every such

Office, appointment, commission, salary, allowance, security,
and duty, and every such

Marriage certificate and registry, and every such other mat-

F(»U I'N'ION' OI' !!. N, A. COLON'IKS.

t»'i' J«n<l tiling, iuul tln' fore* and effect thereof respectively, may
and shall, both at law and in ecuiity. remain and continue as if
no such repeal had taken place, and, no far an necessary, may
and shall be ccmtinned, prosecuted, enforced, and proceed«Hl with
under the said lyiiws, so far as applicable thereto.

4. It shall be lawftil for The Queen to declare by rroclauia
tion that the said I'lovinces of Canada, Nova Scotia, and "New
lU'unswlck, upon, from, and after a certain day in such proclama-
tion to be ai)pointi'(l, wliieii iliiy shall be within six uiunths next
after the passiii;^' (jf this Act, sluill form and be one united doniinion
under the name of the Kingdom of Canada, and thenceforth the
said Provinces shall constitute and be One Kinjjdom nnder tlie
Name aforesaid, ujjon, from, and after the day so a])pointed as
aforesaid.

o. The seat of Ciovernment of Canada shall be the City of
Ottawa, subject to the Hoyal I'reropitive.

(5. From and after the Cnion, Cpper Canada and Lower Ca-
nada shall be severed, and each shall form a separate IM'oviuo-.

7. From and after the Cnion. Upper Canada shall be named
and known as the Province of Ontario, and T-.ower Canada shall
be named and known as the Province of (Quebec.

5. Subject to any future action of the Governments of the
Provinces respectively, the seats of Oovernment shall be as fo\-
I(>ws : —

[n Ontario, the City of Toronto ; in Quebec, the City of Que-
bec : in Nova Scotia, the City of Halifajj ; and i i New lirunswick,
tile City of Fredericton.

The Exi:(I-:ivh Pov.t:!?.

0, Tlie Fx(Mutive Government and authority is and shall be
vested in the Que n.

10. The Queen has and sha!) have tlie Conimand-in-Cliie!" of
the Land and Naval Miliiia, and of all Naval and Military Forces
whatsoever.

n. The Governor-General may, by instninient under the
Great Seal of Canada, constitute a Privy Coiiin ii, and he may
from time to time appoint and remove Members thereof.

1 ■ 1

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182

Koi'inil DIIAIT OK HIM.

I-. All powt'iH, uiillMH'it'u's jiiul functioiiH which hy any Act
of the I'iirliii!iicnt of (ir(>iit Kiitaiii, or of the I'ailianu'iit of the
liiitiMl Kiii},r(li>iii of (iirat Hritain and Ii'chmd, or by any Act of
1h«' Lcpshiturc of Upper Ciinada, Lower Canada, Canada, Nova
Scotia, or Xcw Itrnnswii-li rcspt'ctivcly, arc vcHtcd in, or ai'o an
Iho'iscd or rccpiircd to he exercised by tlie i'<'Hpective Ciovenioi's
or LientenanrCiovernorM of tlie said l*rovin«'es, witli the advice,
or with the advice and consent, of tlio Executive ('ouncil <jI' hucIi
Provinces respectively, or in conjanclion with sncli Executive
4 'ouncil, or with any number of the Members thereof, or by tlie
said (lovernoi's or Lientenant-Ciovcrnors individually and alone,
shall, in so far as the same are not repnjjnant to or in<<>ns'isteut
with the provisions of this Act, be vested in and maybe exercis.'d
by the <iovernor-(Jeneral of the Kiufjfdom of Canada, with tlie ad
vice, or with the advice and consent of, or in c<mjunrtion, as the
ease may require, with the Privy Council, or any Members thereof,
as may be appointed by the (^ueen for the affairs of the Kingdom
of Canada, or by the (Jovernor-General of the Kinjfdom of Cana
da individually and alone, where the advice, consent, or concur
rence «)f the Privy Council is not required.

l'>\. The iiOvernor-Ceneral may assij^n, depute, substitute, and
appoint any person or pei-sons jointly or severally, to be his de
puty or di'puties within any part or parts of Canada, and in that
iapacity to exeirise, j)erform and ex(*cute durin}; the pleasure of
the said (lovernor-Cien. ral such of the powers, functions and au
thcM-ities as may under this Act be vested in or exercised l)y the
(lOvernor-Creneral as the (Jovernor-Ceneral shall deem to be nc
eessary or exiK*dient, but the appointment of a Deputy or Do
puties as aforesaid shall not abridfje, alter, or in any way affect
the ]»(>wer •)r authority of the Governor-General.

Tin: LiifjisLAi'ivE I'oweu.

14. From and after the Cnion. there shall be in and for the
KinjL>(l<un of Canada one Parliament, which shall be composed of
th.e (^ueen, an Ppper House to be called the Senate, and a IIou.se
of Commons.

Sknatk.

1.'). For the purpose of forminjj: the Senate the Kin<;dom of
Canada shall be considered as consisting of tbr.*e Divisions : —
ll) Ontario.
(!•) (Quebec.

Kol; rsliiN OK 1'.. N. A. «' H.'i.Nllls.

iHli

CV) The MiiiitiiiH' rrovinccs of Nova Scotia and \»*\v Hniiis
wick ;

Ami t'ach Division sliall liavo an ctpial it'picHt'ntation in tli<-
S«'nat«'.

K'.. Ontario sliall be rcpn'sontcd in the Senate by twenty four
.Members, (Quebec by twenty-four .Members, and tlie Maritime Pro
vinii's by tw«'nty-four Members, of whi' ii Nova S('<»tia shall liave
twelve Members*, and New lirunswick tv.clve Members.

17. For the purp(Me of composing; the Senate, it shall be law
fid for the (lovernordeneral, before the time to be appointed for
the first meeting; of Parliament, by an instrument or instruments
under the (Ireat Seal of Canada, to summon to the Senate sucli
jM'rsons as The Queen may think tit, subject to the i)rovisions of
this Act ; and it sliall also be lawful for the (lovernordeneral
in like manner to summon to the Senate such tvther person oi' per-
sons as Tlic QiiL'oii sliill think tit, .salijci't to the provisiouH of
this Act, and every person who shall be so summoned shall there-
by become a Senator.

IS. The Senators shall eacli be of t]»e full a^e of thirty yean .
sliall each be a natural born subject of the Queen, or her subject
naturali.sed by Act of the Parlianient of the United Kin^dum
of (Jreat Britain and Ireland, or by an Act of any or either or one
of the Legislatures of the Provinces of Canada, Upper Canada,
Lower Canada, Nova S«'otia, or New lirunswick, or by an Act ot
the Parliament of Canada hereby created, and shall each be legal-
ly or e(iuitably seised or entitled as of freehold for his own use
and benefit of lands or tenements held in free and common so
cage, or seised and possessed for his own use and benefit of lands
or ten 'inents held in francalleu or roture, in the Province for
which he shall be appointed, of the value of four thousand dollars
over and above all debts, charges, dues, and incumbrances there-
on, and shall each be and continue to be worth the sum last afore
said over and above his debts and liabilities ; and shall each also
possess a. <ontinuous residence in the Pr(>vince foi- which he is
appointed, except during the time that he shall hold an otti/e
under the Ciovernment, the duties of which shall retpiire his
continuous attendance at the seat of Ciovernment of Canada.

19. In the ease of Quebec, each of the twenty-four Senators
representing such Province shall be appointed to represent one
of the twenty-four Electoral Divisions of Lower Canada mention-

1H4

Korinil hUAFT «>l' lill.L

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rd in Schcihilf' A of <'luipt«M' First of tin' ronsoIidatcU S(iUu(«'«
of (.'annda. and hiicIi Senator shall reside or |)ossess his qwaliticn
tiuu in the Electoral Division he is appointed to repr<>sent.

'20. On the applieation of the (iovernnient of (.'anada, fier
MaJ4'stv in Council may from time to time sanction an appoint-
ment of additional Senators, so as that the whole unmber shall
in no case exceed seventy-ei^ht, the propoi'tion allotted to each <it*
the three divisi<»ns beinj; preserved. In case of vacaniies after
anv such increase above sevent.v-two ; no a]»]»ointment shall bo
iiuule without the sanction of the Hritish ( i<»veniuiciit till the
whole number is reducinl below seventy-two.

21. Whenever after the first appointment a vacancy in tiie
Senat<' shall take jdace, it shall be lawful f»)r the (Jovernor-Cient -
ral, in the Queen's Name, by an instrument under the (Jreat Seal
of (,'anada. to summon to the said Senate a person duly (pialitied
according to the provisions of this Act to till such vacancy.

2L*. Every Senator shall hold his seat in the Senate for the
term of his life, subject to the provisions of this Act.

28. If any Senator shall, for two successive Sessions oi" Vnv-
liament, fail to f»ive his attendance in the Senate, or if he shall
take any oath or make any declaration or acknowledp:ment of
allejjiance, obedience, or otherwise, to any Foreign Prince or
I'ower, or shall do, concur in, or adopt any act whereby lie may
become a subject or a citizen of any foreipi state or power, or
whereby he may beconje ertitled to the rijihts, privilefies. «ir -m-
munities of a subject or citizen of any Foreij?n State or rower,
or shall cease to hav«^ any of the (pialitications required by tins
Act. or shall become bankrui>t or take the benefit of any Act re-
lating; to insolvent debtors, or become a defaulter, or be attainted
of tn'ason, or be convicted of felony or of any infamous crime, his
seat in the Senate shall thereby be<'ome vacant.

24. Every Senator shall, before takinj; his seat, make and
subscribe before the Governor-General or some person or persons
authorized by him to administer the same, the oath of Allegiance
to the Queen and the declaration resiM'ctively set forth in Sche-
dule A.

25. Any person who at the time of the I'nion is a Member of
the Lejjislative Council of Nova Scotia, or of New Brnnswick, and
who may accept the oflftce of Senator, shall, by his acceptance,
be held to have vacated his seat in such Legislative Council ; and

'IT^

Foit rsioK <»K I!. \. A. (^ol.uN'rKM.

1S5

;iii,v pt'i'sini wlu> at the lliiu' of ilu' rnion in a M«mii1k'|' of the Lojfi^-
hillvr Cuuiicil of <'aiia(la. Nova S(«>tia <»r N<'\v llniUHwick, and to
wlitiiii tin* otthr of Senator is otfrn'd, who shall not within thirty
(lavs ilwrcaftrr siH;nif.v his acn-ptant*' th<'i«'of, tlw sainr shall 1m;
li)l(l to have declined siieh otlice.

LM;. Any Senatof nniy. l>y wilting; nnder his liand, addiessed
to tlie (iovenun'<i«'neial, resij^n his seat in the Senate, and then»-
upon snch s-at shall hecoine varant.

1^7. If any question respecting the <|nii]itication of a SenatcM'
nr respecting' a vacancy in llu' Senate shall arise, the same shall
he heard an«l deterniin-d liy the S«'nate.

L'S. The Tioveinor (leneral shall have power, by an instru-
ment under the <ireat Seal «tf Csmada, to appoint one Member of
the Senate to he Sjieaki'r thereof, and to reniov** him aiid ap-
|Miint another in his stead.

20. Snlijcct to alteration liy rarliament, the presence of at
least tifteeii ^Icmbers of tlie Senate, inolndinj,' the Speaker, shall
lie necessary to (-onstitute a Ah'etin}; for the exercise of its
jKiwers.

:!(►. The Speaker shall vote as other Members, and in case of
nil ('(piality of votes, it shall be held that the decision is in the
iic;;ative.

Hoi'SH oi-' Commons.

:»1. The House of Commons shall consist of one hundred and
cj^hty-one Members, of whom ei«ihty-tw<) shall be elected for
Ontario, sixty-five for (Jueb;'c, nineti'cn for Nova Scotia, and
tift«'en for New HrunsAvick.

'^2. T'nfil otherwise provided by Parliament, Ontario, Quebecv
Xova Scotia, and New Iti-unswick, shall for the ]»urj»os(s of the
Kiection of Members in the House (►f rommons, be and tlu' same
-lie hereby resjiectively divided into Electoral Districts as fol-
lows : —

1. Ontauio.

For the purpose of repres«'ntation in Parliament, Ontari<)
siiall be tiMiitorially divided into the Counties, Ridinjrs of Coun-
ties, Cities, and Towns hereinafter mentioned, which shall form

I,;

I ■!

^1 (:f ;J

) I

1 1

l.SG

FOUllTII DKAFT OF VU.L

Electoral Districts, and each such Electoral District, as herein-
after unnibercd, shall be represented by one Member in the Honst'

of (>onimons.

2. QUEP.EC.

Quebec shall be divided into sixty-five Electoral Districts, to
be composed of the sixty-five Electoral Divisions into whidi
LoAver Canada is now divided, under Chapter 2 of the Consoli
dated Statutes of Canada,, chapter 75 of the Consolidared
Statutt's for Lower Canada, and the Act of the Province of
Canada 23 Victoria, Chapter 1, or of any other Act amending the
same in force at the time of the I'nion : and each such Electoral
Division is hereby constituted an Electoral District for the pur-
poses of this Act, and shall be entitled to return one Member to
the House of Commons.

3. Nova Scotia.

Each of the eighteen counties of Nova Scotia sh.all constitute
an Electoral District. The County of Halifax shall be entitled
to return two Members to the House of Commons, and each of
the other Counties one Member.

4. New Brunswick.

New Brunswick shall be divided into fifteen Electoral Dis
tricts (of which the City of Saint John shall be one, and entitled
to return one Member), and 'acli of the fourteen Counties into
which New Brunswick is divided, shall constitute an Electoral
District, and shall be entitled to return one Member to the House
of Commons.

33. There shall be a (leneral Census of the people taken in
the year One thousand eight hundredand seventy-one, and de
cennially afterwards ; and immediately after the said Census, ai'ii
immediately after every decennial census thereafter, the repre
sentation from each Province in the House of Commons shall be
re-adjusted by such authority, and in such manner, as any Act of
Parliament from time to time directs, according to the foUowiu;;
rules : —

(1) Quebec shall have the fixed Number of Sixty-five Mem-
bers : *

* lltTi' follows the first Schedule of the 15. N. A. Act.

l-'Oil UNION Ol'" 1!. N. A. COI^DNIKS.

iS7

Sixtv-tive Mem-

(2) There sliall lie iissi;ine(l to ejicli of the other l'rovinei>s
such a Nmnber of Members as shall bear the same
Proportion to the Xumbei' of its Poiuilatioii (ascertain-
ed at sneh Censns) as the Xnniber Sixty-five bears to
the Number of the Population of Quebec (ao ascer-
tained).

(.\) In the comjmtation of the Xiimber of Members for a
Province a fractional part less than one-half of tlu'
whole number retjuisite for entitling: the Province to
a Member shall be disregarded ; but a fractional part
exceedinjj one-half of that number shall be equivalent
to the whole number.

(4) On any such Ke-adjustment the Number of Members for
a Province shall not be reduced unless the Proporti(ui
which the number of tlie Population of the Province
b(»re to the Number of the aj;s''*^KJ'<^'* Population of
Canada at the then last jM-ecedin;; Readjustment of
the Number of Members for the I'rovince is ascertain-
ed at the then latest Census to be dimished by One
Twentieth I'art or upwards.

(.')) Such R'^-adjustment shall not take eifect until after the
termination of the then existinj^' Parliament.

*U. The Number of Members may be from time to time in-
creased by Parliament provided the proportionate representation
of the several Provinces prescribed by this Act is not thereby dis-
turbed.

.*^~>. Every House of Commons shall ccmtinue for Five Years
fi'om the Day of the Returii of the Writs for choosinj;: the sa'v-e
•iihI no longer, (subject to be sooner prorogued or dissolved by
the ( lovei'nor-Cicneral).

:>(>. Cntil other provisions are made by Parliament, all the
laws which at the time of the T'nion are in force in the Provinces
respectively relatinj;' to the qualification and disoualification of
persons to be elected, or to sit or vote as Members of othe House
of Assembly or Lejjcislative Assembly in the respective Provinces,
rt'hitin^j to the (lualification or disqualification of voters, or to the
oaths to be taken by voters, or to Returning Officers, and their
pow<'rs and duties, or relating to the ju'oceedings at elections, or
to the period during which such elections may be continued, or
relating to the trial of controverted elections, and the proceed-

Jfi

1S8

FOURTH DRAFT OF HILL

infis incident thereto, or relating to the vacatinj? of seats of Mem-
bers, or to the execution of new writs in case of any seat beinj;
vacated otherwise than by a dissolution, shall respectively ap])Iy
to Elections of Members to serve in the House of Conunons.

;{7. Every Member of the House of Commons shall, before
taking his seat, make and subscribe before the Governor-Greneral,
or sonu» jterson authorized by him to administer the same, the
oath of Allegiance to the Queen set forth in Schedule A.

:{S. The (llovernor-deneral shall, within six months Irom and
after the T'nion, cause writs to be issued in such foiin and by suth
person, and to such Returning Officers as he may prescribe for
the first election of ^Members to serve in the House of Commous,
and such person shall have all such and the same powers as are
possessed by the Officers, at the time of the passing of this Act,
charged with the issue of writs for the election of Members to
serve in the House of Assembly, or Legislative Assembly of
each of the rrovinces of Canada, Nova Scotia, or New liranswick,
or of Returning Officers (as the case may be), and in case any
vacancy in the representation of an Electoral District shall occur
in the House of Commons before the meeting of Parliament, oi"
after the meeting of Parliament, and before provision is made In-
Parliament in such respect, a writ in respect of such vacant
F^lectoral District may be issued in like manner, and the Gover-
nor shall, within six months after the T'nion, and thereafter from
time to time, as occasion shall re«piire, in The Queen's name, and
by an instrument or instruments under the G' eat Seal, summon
and call together a House of Commons.

;>!). The House of Commons shall, upon its first asseniblin}:,
after every general electiini, proceed forthwith to elect one of its
number to be Speaker, and in case of his death, resignation, or
removal by a vote, the said House of Commons shall forthwith
proceed to elect anotlun* of their Members to be Speaker : and
the Sjieaker so elected shall preside at all Meetings of the Ctnn-
mons. And until otlierwise jn'ovided by Act of Parii.init iir. in
case of tli(» absence from the Chair of the House from any cause
of tlie S{»caker of tlu' House of Commons for a period of forty-
eight consecutive hours, the House of Commons may el.'ct one of
its number to act as Speaker, and such one so appointed shall,
during the continued absiMice of the Speaker, preside at all Meet-
ings of the Commons, iind for the time being execute all the
pov.crs and {irivilegcs of th;^ Speaker.

FOR UNION OV P.. N. A. COLONIES.

ISO

40. Except for the purposes of the previous section, the pre-
sence of at least twenty Members of the Hoiise of Commons, in-
chidinj:: the Speaker, shall be necessary to constitute a Meeting
of the House of Commons for the exercise of its powers,, and all
(|ue8tions which shall arise in the Commons shall be decided by
the majority of voices of such Members as shall be present, other
than the Speaker ; and when the voices shall be equal the Speak-
er shall have the casting vote.

•11. No Senator shall be capable of being elected, or of sitting
or voting as a Member of the House of Commons.

r;I()Ni:v.

42. Bills for appropriating any part of the Public Revenue of
Canada or for imposing any Tax or Impost shall originate in the
House of Commons.

4'}. It shall not be lawful for the House of Commons to or-
iginate or pass any vote, resolution, address, or bill for the ap-
propriation of any part of the I'ublic Kevenue, or of any Tax or
IiniK)St, to any par, ose that has not been first recommended to
tliat House by mest ge of the Governor-! Jeneral in the Session
in which such vote, resolution, address, or bill is proposed.

UovAL Assent, \'c.

44. Where a bill passed by the Houses of Parliament is pre-
sented to the Crovernor-Oeneral for The Queen's assent, he sliall
declare according to his discretion, but subject to the provisions
(»f this Act and to Her Majesty's instructions, either that he as
sents thereto in The Qtieen's name, or that he withholds The
Queen's assent, or that he reserves the Bill for the sig'iilication
of The Queen's pleasure.

45. Where the Governor-Oeneral assents to a IJill in the
Queen's name, he shall by the first convenient opportunity send
an authentic copy of the Act to one of The Queen's principal Stc
retaries of State, and if the Queen in Council within two years
after receipt thereof by the Secretary of State thinks fit to dis-
allow the Act, such disallowance (with a certificate of the Secre-
ta:y of State on the day on which the Act was received by him)
being signified by the Governor-Genel'al, by speech or message
to the Houses of Parliament, or by proclamation, shall annul the
Act from and after the day of such signiflcntion.

11:

' I.

190

FOUUTH DRAFT OF I'.ILL

4(5. A bill reserved for the sl^nitieatioii of Ttie Queen's j'lca
sure Bliall not have any force unless and until within two years
from the day on which it was presented to the (iroviMnor-denera!
for the Queen's assent, the (Joveriior-deneral 'iij'ailies, by ?ipe( cli
or messa{»e to each of the Houses of Parliament oi by proclama-
tion, that it has received the assent of The Queen in Conu.il ; an
entry of evei'y such speech, messa}j;e, or proclamation shall be
made in th«' Journal of each House, and a duplicate thertH)f duly
attested shall be delivered to the proper officer to be kept among
the records of Canada.

. 1
I

: I

i.i

ANNUAL SESSION.

47. There shall be a Session of I'arliament once at least in
every year, so that a period of twelve months shall not intervene
between the last sitting of the I'arliament in one Session, and
the first sittin}^' thereof in the next Session.

TOWERS OF PARLIAMENT.

4S. It shall be lawful for the Queen, by and with the advice
and consent of the Senate and House of ('ommons to uiake laws
for the peace, order, and j^ood government of the Kingdom of
Canada, in relation to all matters not coming within the classes
of subjects by this Act assigned exclusively to the Legislatures ;
and for greater certainty, but not so as to restrict the generality
of the foregoing terms of this Section, it is hereby declared that
the Le}..slative Authority of Parliament extends to all matters
coming within the classes of subjects next hereinafter enumerat
ed, that is to say : —

1. The Public Debt and Property.

2. The regulation of Trade and Commerce.

.'i. The raising of money by all or any mode or system of
Taxation.

4. The borrowing of money on the Public Credit.

5. Postal Service.

G. Lines of Steamships or other Ships, Riiilways, Canals,
and other works connecting any two or more of the
Provinces together, or extending beyond the limits ot
any Province.

7. Lines of Steamships or other Ships between Canada and
other countries.

\\}

FOR UNION OF 15. \. A. COLONIES.

191

UH'u's I'lt-a- ■

I two years 1

ioi'-(ieneial I

I, by 5i>e((h 1

y iH'oclania- 1

"onii'v-il ; an 1

10.

on shall be

11.

thenK)f duly

12.

kept among

13.

•

14.

15.

e at least in

10.

lot intervene

Session, and

17.

18.

19.

th tlie advice

20.

(> make laws

21.

Kingdom of

')'7

n the classes

23.

legislatures ;

24.

he generality

25.

[lechuvd that

26.

i> all matters

27.

er enumerat

28.

29.

30.

31.

32.

or system of

lit.

Lays, Canals,

I' more of the

the limits ot

Canada and

Telegraphic Comninnication and the incorporation of
Telegraph Companies.

All such works as shall, although lying wholly within
any Province, be specially declared by the Acts au-
thorizing them to be for the general advantage.

The Census and Statistics.

Militia — Military and Naval Service and Defence.

Iteacons, Buoys, Light Houses, and Sable Island.

Navigation and Shipping.

Quarantine and the Establishment and Maintenance of
Marine Hospitals.

Sea Coast and Inland Fisheries.

Ferries between any I'rovince and a Foreign Country, or
between any two I'rovinces.

Currency and Coinage.

Banking — Incorporation of Banks and the issue of paper
money.

Savings Banks.

Weights and Measures.

Bills of Exchange and Promissory Notes.

Interest.

Lt^gal Tender.

Bankruptcy and Insolvency.

Patents of Invention and Discovery.

Copy Rights.

Indians and Lands reserved for the Indians.

Naturalization and Aliens.

Marriage and Divorce.

Immigration.

Agriculture.

The Cnminal Law, excepting the Constitution of Courts
of Criminal Jurisdiction but including the procedure
in Criminal matters.

The establishment, maintenance, and management of
Penitentiaries.

Rendering uniform all or any of the laws relative to pro-
perty and cinl rights in Ontario, Nova 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 any Province until sanctioned by the

192 FOURTH DRAFT OF RILL

Legislature, and when so sanctioned the power of
amending, altering, or repealing such laws shall
thenceforward be vested in the Parliament only.

35. The establishment of a (leneral Court of Appeal, and in
order to the due execution of the Laws of I'arliament,
the establishment of additional Courts.

3({. Fixing and providing for the salaries and allowances of
the Lieutenant (lovernors of the several Provinces,
and of all other Otficers of Canada, and the salaries,
allowances and pensions of the Judges of the Superior,
Distriet and Cour'y Courts, and of the Admiralty
Courts, in cases where the Judges thereof are or shall
be paid by salaries.

'M. And such laws shall control and supersede any laws in
any wise repugnant thereto which may have been
made prior thereto ; and any law made by any Legis-
lature in pursuance of the authority hereby conferred
upon it in regard to matters and subjects in which
concurrent jurisdiction is hereby given to Parliament
shall, so far as the same is repugnant ro or inconsis
tent with any Act passed by Parliament, be null and
void.

Revenues, Civil List, &c.

49. From and after the Union, all Duties and Revenues over
which the respective Legislatures of the said Provinces befort'
and at the time of the passing of this Act had, and have power
of Appropriation, except such portions thereof as are by this Act
resei'ved to the Local Governments, or raised by them in accord
ance with the Special powers conferred upon them by this Act.
shall form one Consolidated Revenue Fund, to be appropriatef^
for the Public Service of the Kingdom of Canada, in the manuei".
and subject to the charges hereinafter mentioned.

50. The said Consolidated Revenue Fund of Canada shall ho
permanently charged with all the costs, charges, and expenses
incident to the collection, management, and receipt thereof, su( 1*
costs, charges, and expenses being subject, nevertheless, to he
reviewed and audited in such manner as shall be ordered by the
Governor-General in Council until otherwise provid:?d i>y any Act
of Parliament.

r ri

FOR r\I()\ OK H. \. A. COLONIES.

I'.i:}

pOWLM' o!

^vs hUuU
)uly.

rtl, and in
irliament,

AvanceH ot
ProviiK-es,
le salaries,
e Siipeiittv.
Admiralty

ire or shall

iny laws iu
have bei'ii
' any Legis-
ly confer rinl
ts in which
Parliament
or inconsis
be null and

venncr* over
inees before
have power
by this Alt
\\\ in accord-
[by this Act.
ippropriated
the manner.

lada shall bo
Ind expenses
\hereof, suib
leless, to be
iered by the
ov any Act

')!. rnle.Hs altered ny any Act of Parliament, the salary of
tlic (lovoinor-doneral shall be tt'n thousand pounds sterling
money of (Ireat liritain.

52. The expenses of the collection, manajjenient, and receipt
of the said Consolidated Kevenue Fund shall form the ttrst chai'^ic
thereon ; and the annual interest of the public debt of the Pr(»
vhices of Canada, Nova Scotia, and New IJrunswick, or either of
them at the time of the I'nion, shall form the second charj;e there-
on.

58. Subject to the several payments hereby charjjed on the
said Consolidated Revenue Fund the same shall be ai>propriated
by Parliament for the piiblic service.

54. All stocks, cash, bankers' balances, and securities for
numey belon}jin«!; to each Province at the time of the Union, ex-
cept as hereinafter nu'utioned, shall l)e the property of Canada,
nu'l sli; U HO far be considered as reduciiin' llie aniuunt ot" their
respeciive debts at the time of the Union.

55. The followinjj; Public Works and Property of each Pro-
vince shall be the Property of Canada, to wit : —

1. Canals, with lands and water power connected therewith.

2. Public harbours.

3. Lij^ht-houses and piers, and Sable Island.

4. Steamboats, dredjijes, and public vessels.

5. Rivers and lake improvements.
(!. Railways and railway stocks, mortj-aj-es and other debts

due by railway companies.

7. Military roads.

8. Custom-houses, post oflBces, and all utlier public buildings,
except as ma^' be set aside by the Ciovernment of Ca-
nada, for the use of the Local Legislatures and (iov
ernments.

9. Property transferred by the Imperial Government, and
known as Ordnance ])roperty.

I 10. Armouries, drill sheds, military clothinj?, and munitions
of war, and lands set apart for general public pur-
poses.
56. All lands, mines, minerals, and royalties belonging to the
Provinces of Canada, Nova Scotia, and New Brunswick, at the
time of the Union, shall belong to the Provinces of Ontario, Que-

!«

'-I

•^ii

V-^^

ir)4

FOUUTH DUAIT OF HILL

bee, Nova Scotia, and New Jlruuswick, in which the* same are so
situate, subject to any trusts that may exist in respect to any of
such Umds or to miy interest of other persons in respect of the
same.

r>7. All sums due for such lauds, mines, or minerals at th«'
time of the Union, shall also In-lonu to the several Provinces.

ns. All assets connected with such portions of the Public
Debt of any Province as are assumed by such Provinces, shall
also belonjf to such Provinces.

no. Canada shall, from and after the Union, assume the
debts and liabilities of each I'rovince existing at the time of the
I'nion.

<»0. The Provinces of Ontario and Quebec, conjointly, sluill
assume any excess by which the debt of the present Province ot
Canada may exceed, at the time of the Union, $02,500,000, and
shall be charged with interest at the rate of five per centum
thereon.

01. The assets enumerated in Schedule B of this Act here-
unto annexed, belonging at the time of the Union to the Pro-
vince of Canada, shall be the Property of the I'rovinces of On-
tario and Quebec conjointly.

02. Nova Scotia shall in like manner assume any portion of
its present Public Debt in excess of |8,000,000, and—

03. New Brunswick shall in like manner assume any portiou
of its Public Debt in excess of $7,000,000.

(54. The several Provinces shall retain all other public pro-
perty therein subject to the I'ight of Canada to assume any lan'^'::
or ]Miblic property required for fortifications or for the defence
of the coun cry.

65. In case Nova Scotia or New Brunswick have not con-
tracted debts at the time of Union equal to the amount with
which they are respectively entitled to enter the Union as here-
inj»ftcr prcviJed, they shall receive by half-yearly payments in
advance from the Government of Canada, the interest at live per
cent, on the difference between the actual amount of their re-
spective debts and such stipulated amounts.

von UNION' OF U. N. A. COLONIES.

195

irnie are so
t to any of
pect of tbe

rals at tlu'
iviuccs.

the Publit
■inces, slmll

assume the
time of the

jointly, shnll

: Province ot

,500,000, and

per centum

ills Act here-
to the I'ro-
rinces of Ou-

ny portion of

e any poi-tiou

^r public pro-
me any lan'^'::
r the defence

lave not cou-
amount with
Inion as here-
payments in
}st at live per
k of their re-

('»(;. The foUowin^' sun»s wliall be paid yrarly by i^auada, to
each Province for the support of their Local Oovernnieuts and
Legislatures : —

Ontario jpso.OOO

Qucbcf 70,000

Nova Scotia OO.O(K)

New Mrunswick nn.OOO

JjiLMJlMmO

and an annual jjrant in aid of each Province shall be made, equal
to cifjhty cents per head of the population, as established by the
(Vnsus of One thousand eij^jht hundred and sixty-one, and in the
case of Nova Scotia and New lirunswick, by each subsequent
decennial Census until the population of each of these Pr(>vince»
shall amount to Four hundred thousand souls, at which rate it
shall thereafter remain. Such aid shall be in full settlement of
ill! future demands upon Canada for local purposes, and shall bo
paid half-yearly in advance to each Province ; but the (lovern-
iiunt of Canada shall deduct from such s\ibsidy all sums paid
iis interest on th? Public l)(d)t of any Province in excess of the
aiiiount provided under the clauses.

07. New Brunswick shall receive bv half-vearlv luivmentft

• « ft X •

in advance from Canada, for the penod of Ten years from the
lime of the T'nion, an additional allowance of Sixty-three thou-
sand dollars per annum. Put so Ion;.!: as the Public Debt of that
Province renunns under Seven millions of dollars, a deduction
•'i|ual to the interest at five per centum on such deficiency shall
he made from the said sum of Sixty-three thousand dollars.

68. All payments to be made under this Act or in discharge
»»f liabilities created under any Act of the Provinces of Canada,
Nova Scotia, and New Brunswick respectively, and assumed by
Canada from and after the time of the L'nion, and until other-
wise directed by Parliament, shall be made in such form and
manner as mav from time to time be ordered bv the Governor-

ft ft

treneral in '^'ouncil.

00. From and after the Union, the Customs and Excise Law»
of ea<'h Province shall continue to be in force until altered by
Parliament ; and in any case where the duties enacted to be
collected are the same, it shall be lawful for the Governor-Gen-
eral in Council, by proclamation to be issued from time to time,
to declare that such goods, wares, and merchandises may be

} <

r m

■ \ !:i;

!!)()

FOrUTM DIIAFT OF 15[LL

imported free into any port in the Kingdom of Canada from any
of tlic J'rovinces of Ontario, (incbec, Xova Scotia, and New
IJinuHwick, ujjon proof of having; already jtaid duty, and in eases
wliei-e any larpM' duties are enacted in any Province, it sliall be
lawful for the (JovernortJeneral in (Jouncil in like manner to
authorise the imi>ortation of such jifoods, wares and merchan-
dise on payment of the difference of duty bet\ve«'n the sai«l Pro
viuces.

70. All articles, the j^rowth or produce, or manufacture of
the Provinces of Ontario, (Quebec, Xova Scotia and New Hruns-
wick, shall be admitted free into all Ports in Canada, from ami
after the Tnion.

71. No lands or i)r(>perty belonjj;in}i; to Canada or any Pro
vince thereof shall be liable to taxation.

LOCAL CONSTITFTIONS.

'1"hk iCxKcnivi:.

72. For each of the Provinces of Ontario, Quebec, Nova Sco
tia, and New Prunswick, there sliall bean otticer, styled tlie Lieu
tenant-Governor, to be appointed by the (ioveruor-General in
Council, uiuler the Cireut Si'ul of Canada.

78. A Lietitenant-Govenior shall hold otiice during the plea
sure of the Governor-General, but any Lieutenant-Governor a})
pointed after the commencement of the first Session of the Par-
liament of Canada, shall not be removable witliin five years from
his appointment, except for cause assijjned, which shall be com-
municated to him in writinj? within one month after the order
for his removal is made, and shall be communicated by messaire
to each of the Houses of I'arlijimeut within one week thereaft<'r.
if Parliament is then sittinjjf, and if not, then within one week
after the commencement of the next session of I'arliament; and
in the event of the absence, or illness, or inabilitv from anv othei-

7 7 at-

cause of the Lieutenant-Governor to discharge the duties of his
oflHce, the Governor-General in Council may appoint an Admiii-
istrator to execute the office and functions of Lieutenant-Gov-
ernor during »>uch absence, illnesB or other inability.

74. The Lieutenant-Governor of Quebec may, by a proclama-
tion to be issued by him for that purpose under the Great Seal
of the Pro\inco, and to take effect from a dav to be namca

! .A:

FOU L'XIO.V OF 1(. X. A. C()I.()NIi:s.

1!)7

lioin any
aiul N«*w
111 in cases
it sliall 1»'
inannci' to
nu'i'dian-
} said l*i'«'

ifactnre of
:('\v Bnins-
, from and

ir any I'lo

, Nova Sco
cd the Lieu
General in

ig the ph'a-
>vei'iior aj)
lof the Par
years from
lall be com
the order
by niessairo
thereafter,
one week
lament; ami
^1 any othei-
ities of his
an Admn.-
tenant-Gov-

proclama-

I Great Seal

be nam I'd

then-ill, eonstitiiti- Townships in those parts oi the I'l'-iviiice of
(Quebec in wliicli Townships are not already constituted, and
may lix the metes and bounds thereof.

TIIK LKGISLATI'HES.

1. ONTAUK).

7."). Tliere shall be a Lej^ishituic for Ontario which shall
consist of the i^ientenaiit-doveruoi' and of one C'lianiher to ho
calh'd the Lejfislative Assendtly of Ontario.

7r». Tile Le/.^'ii<IJ»tive Assembly of Ontario sliall be compos -d
of eijrlity-two Mendters, to be eh'cted to rejiresent the eij;hty two
Kh'ctoral Districts in Ontario, set fortli in section of this Act.

77. There sh.dl be a Legislature for Qiicbe* wldcl. shall con*
sist of the Lieutenant-Governor and two Iloascs. to be called tlie
Legislative Council of Quebec and the Legislative Assembly of
Queltec.

7S. The Legislative Council of Quebec shall be composed of
twenty-four Members, to be appointed by the Lieutenant-Gover-
nor, under the Great Seal of Quebec, each of whom shall hold
(ittice for the term of his life ; but if any Legislative Councillor
shall, for two consecutive Sessions of the Legislature, fail to
uivt* his attendance in tlie said Council, or if he shall take any

• tilth or make any declaration or acknowledgment of allegiance,
"ihedii'nce or otherwise, to any foreign Prince or Power, or shall
ilo. concur in, or adopt any act whereby he may become a sub-
ject or a citizen of any foreign state or power, or whereby he
may become entitled to the riglits, ]>rivileges, or immunities of a
subject or citizen of any foreign State or Power, or sliall cease
to have any of the (lualitications required by this Act, or shall
heconie bankrupt or take the benefit of any Act relating to in-
solvent debtors, or become a defaulter, or be attainted of treason,
or be convicted of felony, (U' of any infamous <.-riine, his seat in
rhf' said Council shall thereby become vacant.

7J). The Members of the Legislative Council shall each be

• if the full age of thirty years, shall each be a natural born subject
of the Queen, or her subject naturalised by Act of the Parliament
of the Ignited Kingdom of Great Britain and Ireland, or by an
Act of any or either or one of the Legislatures of the Provinces
of Canada, Upper Canadi!, Lower Cjiimda, Nova Sritia (>:• Xew

../!

lf».S

KOirUTH IHIAI'T ftp MM.!,

' , ;

i S.

HiMinHwick, uv by an Act; of the Piirliiinicnt «»f ('aiiiula luMcbv
crcafcd, and wliall cudi b«' Irgall.v or «Miiiilably scist-d or <>ntith'd
an (»f fi«M'hold foi* IiIh own uhi* and biMU'tit of landn or tenc
nicnfs h(dd in free and ronunon sora^ji', or seised and imsst'sscd foi-
his own nse and bi lu'llt of huuls or (cncnicnts liold in frant -alb-u
<»r rotnrc, in (^nj'bcc, ol" tlic vaiiio of four thousand doihirs over
and above all debts, eharjjjes, dues, and incninbrann's tliererjii,
and shall each be and conliniie to be worth tlie s»nn last afore-
said over and above his debts and liabilities.

SO. Kaeh of the twenty-four Legislative Cwineillors shall bi-
appointed to represent one of the twenty-four Electoral IMvl
sions of Lower Canada mentioned in Schedule A of Chapter
First of the Consolidated Statutes of (Canada, and such Lejjfisla
tive Councillor shall reside or possess his (jualitii'ation in tlie
E'ectoral Division he is appointed to represent.

81. Whenever after the first appointment a vacancy in tin,'
Le^'islativo Council shall take place, it shall be lawful for tlie
Lieutenant-Governor, in the Queen's Name, by an instrument
under tlu^ Great Seal of Quebec, to summon to the said Lejiisla
tive Council a person duly nualified accordinj; to the provisions
of this Act to till such vacancy.

SL'. ]'iV<M-y Lefrislative Councillor shall, before takinj; his
.seat, make and subscribe, before the Lieutenant-Governor oi
some ])ersGn or persons authorised by him to administer the
same, the Oath of Allegiance to the Queen, and make the de
duration of qualitication in Schedule A mentioned.

•S;>. Any Legislative Councillor may, by writing under hi^
hand, addressed to the Lieutenant-Governor, resign his seat in
the Legislative Council, and thereupon such seat .shall become
vacant

84. If any question respecting the qualitication of a Legis-
lative Councillor, or respecting a vacancy in the Legislative
Council shall arise, the same shall be heard and determined by
the Legislative Council.

85. The Lieutenant-Governor shall have power, by an in-
strument under th" Great Seal of Quebec, to appoint one Mem-
ber of the Legislative Council to be Speaker thereof, and to re-
move him and appoint another in his stead.

80. Subject to alteration by the Legislature of Quebec, the
presence of at least ten Members of the Legislative Council, in-

Ff»ll I'MOV OF IS. \. A. COI-OXIKS.

100

vludiiijr (Iw S|M'iikcr. siiall In* lH'ct'^^^»al'.v to conathuli' a MriMiug
foi" the •'X«'i'ciHo of its powers.

S7. Th«' Spfakri' shall vote as other .MciiiIhth, and in rase of
an (M|nalitv of votes, it shall l>e held that the decision is in the
nepitive.

SS. The Legislative Assembly of (^uehee shall bo composed
of sixtv-llv<' Meml»ei's tt) be elected to represi'nt the sixty live
Kiecioral Divisions into which L(vwer Canada is now divided,
under Cliapter 1* of the (Nmsolidated Statutes of Canada. Chapt«'i
7."> of the Consolidated Statutes for Lower Canada, and the Act
of the rrovin<-e of Canada l':{ Victfiria, Chajtter 1, or of any other
Act amendiiif; the same in force at ti time of the Union : Pro-
vided that it shall not be lawful to i -esent to the Lieutenant-
Ciovernor for assent any Hill of the Ley:islativ«* Council and
Assembly of (Quebec, by which the limits of llu» Electoral Divi-
sions mentioned in the Schedule hereto annexed, marked E, may
l)e altered, unless the s<'cond and thiid readini^s of such Hill in
the Le^iislative Assembly shall have been passed with the con-
currence of the majority of the Members for the time beinjr of
the said Legislative Assembly, r»'|H'esentinj; the Electoral ')ivi-
sidus mentioned in said Scliedule marked C, and the assent shall
not be j;iven to such I 'ill unless an Address has been jtresented
by the Lefjjisl'ative Assembly to the Lieutenant-(J(»vernor that
such Hill has been so passed.

XovA Scotia ani> Nkw Hiunswick.

S!K The constitution of each of the Provinces of Nova Scotia
and New Brunswick shall, subject to tlu' Provisions of this Act,
continue as now established at the time of the Union, until
altered or amended under rhe authority of this Act, and the
House of Assembly of New Hrunswick shall, unless sooner dis-
solved, continue for the period for which it was elected.

PoWEItS OF IHl'; LKGisr.ATiHi-:.

JM). In each Province, the Lejjislature may make Laws in
relation to matters c(miinj; within the classes of subjects next
hereinafter enumerated : —

(1) The amendment from time to time of their Constitu-
tions except as relates to the office of Lieutenant-
Governor:

1< s.

I I

i *

200 Kdl'KTII DIJAKT OT IMLI-

(2) I)ir«M't laxjilion wiihin the Province in order to tlic
rjiisinji of n revenue for Provincial Purposes, juul re
servinjj to New lirunswidi the rijjht to collect the
Lumber Dues jtrovided in Chupter 15, Title 111. of tlie
lievised Statutes of that Provin<'e, and any aniend-
nu'ut thei'eof made before or after this Act comes
into operation, which does not i.icrease the anuuint,
but exi'eptinj;; therefrom the Lumber of any other
Province:

{',■>) The borrowinjj; of money on the credit of the Province!:

(4) The establishment and tenure of Provincial offices, and
the appointment and jtayment of Pr(Kincial officers :

(a) The manajicinent and sah' of the public lands belon;;1n};
to the Province, and all Timber and Wood grown
thereon :

((i) The establishment, maintenance, and manajyement of
public and reformatory ju'isons in and for tiie Pro-
vince:

(7) The establishment, maintenance, and management of
hospitals, asylums, charities and eleemo'synary insti
tut ions in and for the Province (other than marine
hospitals):

(,^) Municipal institutions in the Province:

(5)) Shop, saloon, tavern, auctiinu'er, and other licenses, in

order to the raisinj, of a revenue for proAiucial, local,

or municipal purposes:

(10) Works and rndertakings:

(11) The incori)or.ition of Companies.

(12) The solemnisation of marriage.

(i:i) Property and (Mvil Kights but excepting such portions
thereof hereby assigned to I'arliament.

(14) The administration of justice in tlu' Province, including

the constitution, maintenance, and organisation of
Courts, both of Civil and Criminal Jurisdiction, and
including procedure in Civil Matters in those Courts.

(15) The imposition of punishment by fine, penalty, or im-

prisonment for enforcing any Provincial Law made in
relation to any nuitter coming within any of tin'
classes of subjects enumerated in this section.

'\1

FOH VSUjS of I!. N. A. <( )|,oNM:S.

•JO I

rdtT \o the
iSCS, jviul 10-
coUcct llie
e III. of the
any nuu'iul-

the jiniouut,
f any otUei

he Province:

I offices, and
icial otticern:

ds belcMijiinj;
^ood grown

nascnicnt of
for tlie Tro-

nagement of
wynary instl-
than nuirine

r licenses, in
vincial, local,

ijcli portions

e, including
animation of
diction, and
hose Courts.

iialty, or inl-
aw made in
any of th''

M'tion.

(ICj And generally all inalters of a private or local nature
not assigned to I'arlijuiifiit.

91. In each I'lovi.ice tlie Legislature may make Laws in rela-
tion to Education in the Province subject and according to the
following pi'ovisions : —

(1) Xodilng in any such law shall prejudicially affeet any

right or privilege witls respect to Denoininatiojial
Schools which any class (tf persons have by Law in
the IM'ovince at (he Tnion.

(2) All the powers, privileges, and duties by Law con-

ferrt^l and imposed in ri)per Canada, at the time of
the rnion, on tlu? separate S(.'hools and School Trus-
tees of The Queen's Koman Catholic subjects, shall be
extended (o the Dissentient Schools of Th<* (Queen's
I'rotestant and Konian Catholic subjects in Lower
Canada.

(.'{) Where in any Province a system of separate or Dis-
sentient SchoolH by Law obtains or is hereafter
established by the Legislature thereof, an appeal
shall lie to the (lovernor-tjeiieral in Council from any
Aet or decision of any Provincial authority affecting
any right or i)rivilege of the Protestant or Catholic
minority in relation to Ednoation.

(4) In case any such Provincial Law as from time to time
seems to the Oovernor-Cjeneral in Council recpiisite
for the due execution of tli( provisions of this section
is not made, or in case any decision of the (lovernor-
Cicneral in Council on any appeal under this section
is not duly executed by the proj)er I'rovincial Au-
thority in that behalf, then and in every such case,
and as far only as the circumstances of each case re-
(piire, the Parliament of Canada shall have power to
make remedial Laws for tlie due execution of the pro-
visions of this section and of any such decisicni of the
(Tovernoi'-deneial in Council.

REvr:NTi:s, kc.

!)2. From and after the Fnion, such portions of t!i 'duties and
revi-nues, over which the respective Legislatures of the said Pro-
vinces, before the period thereof, had power of api)ropriatiou,

f ( ■;"

202

FOUUTH DHAIT Ol" I'.ILI,

which jirc by this Act reserved to the Local (Joverumeuts or
Lojiiislatiires ; aiMl all (l)ities and revenues by them horeafter
raised in accordance witli the special powers conferred upon
them by this Act. shall form in each Pi-ovince one < Consolidated
Kevenue Fund to be appropriated fi>r the public service of the
said I'rovince.

: :

;
i

Mi.s('i:i,i,AXi;()i's Si:('i'i(i\s Ukspeitinc Oxtaijio and Qi'EHEr.

The followinji' sections are api»licable to Ontario and Que-
bec only : —

!>:',, The Lieutenant-! Jovernoi-s of Ontario and Quebec shall
respectively, within six months after the Fnion. and thereafter
from time to time, as occasion may riMpiii-e. in the (Queen's Name,
and by an instrtnnent or instruments under the Great Seal of
the Province summon and call together a Lejiislative Assem-
bly in and for each Province.

!)4. Every Mem:. >r of the Le;;islative Assembly shall, before
takinjj; his seat, make and subscribe before the Lieutenaut-Gov-
ornor, or some person authorised by him to administer the same,
the oath of alle}>iance to the Queen set forth in Schedule A.

1)5. Tlu' Legislative As.sembly shall, upon its first assembl
in;j:, after every jieneral eh'ction. proceed forthwith to elect one
of its number to be Speaker, and in case of his death, resigna-
tion, or removal by a vote, rlie said Legislative Assembly shall
foi'tlnvith proceed to elect another of their Members to tte
Speaker : and the S])eaker so electtxl shall preside at all Meet
lugs of the Commons. And until otherwise provided by Act of
the Legislature, in case of the absems* from the Chair of the
House from any cause of the Speaker of the Legislative Assem-
bly for a period of forty-:'ight consecutive hours, the Legislative
Assembly nmy elect one of its number to act as Speaker, and
such one so ajipointed shall, during the continued absence of
the Sjx'akei'. ]M'eside at all Meetings of the Legislative Assembly,
and for the time being execute all the powers and privileges of
the Si)eaker.

!Mi. All powers, authorities, aud functions which bv anv Act
])assed by the Imperial Parliament, or by any Act passed by the
Legislature of the Provinces of Lower and Upper Canada re-
spectively, or by the Legislature of the Province of Canada, were
or are veMiHl in or authorised or requirt^d to be exercised by
the respective (Joveruors or Lieutenant-Governors of Canada, or

■^.

V(>1\ rXKiN' (>!•' I!. N. A. f ( M,< »NIt;s.

'Hr.i

iimcniH or
I hereafter
n-i'pd upon
:)iisoli(lat«'(l
vict' of tln'

) Ql'ehec.

and Que-

nt'lKH' shall

1 thereafter
M'n's Name,
eat Seal of
live Asseni-

shall, before
tenaut-Gov-
?r the same,
'dule A.

'st asseiubl
to elect on-'
ith, resigua-
enibly shall
ibers to Tio
at all Meei
d by Act of
'hair of the
tive Asseui-

Legislative
peaker, and

absence of
e Assembly.
H'ivileges of

by any Act
issed by the

Canada re
anadii, were
X'veised by
' Canada, or

of Lower Canada or rpjuM- Canada, with the advice or with ilic
advici' and consent of the Kxecntive Council of su<'h I'roviuces
respectively, or in conjunction with such Executive Council, or
with any nuniher of the Members thereof, or by the said Ci()\-
ernors or Jjieutenant-Covernors individually and abnie shall, in
HO far as the same are not repugnant to or inconsistent with the
provisions of this Act, be vested in aiul nuiy be exercised by
(he Lieutenant-Governors of Ontario and Quebec respectively,
with the advice or with the advice and consent of or in conjnnc
tion. as the case may require, with such Executive Council, or
any Members thereof as may be apjMMnted for the alTairs of On-
tario and (Quebec, or by the Lieutenant-Ciovernor of Ontario or
(Quebec respectively, individually and alone, in cases wliere the
advice, con? t. or concurrence of the Executive Council is not
re(}uired.

'.»". The Lieutenant-CJovernors of Ontario and Quei)ec may
each aii{)oint, binder the Great Seal of the Province, and to hold
uihc ' daring pleasure, the following otticers. that is to say : —
The Attorney-General, the Secretary, and Kegistrar of the I*ro-
viiicf. the Treasurer of the Province, the Coniniissioucr of
Oi'own Lands, and the Commissioner of Agriculture and
and Public Works (and for (^"'•^'^'*'<' tlu^ Solii-itor-Generali.
ami may, by and under Order in Council from tnui' to
liine. prescrilte the duties ot such otticers and of the several de-
jch; meats over which they shall preside, or to which they shall
lielung. and of the otticers and clerks thereof , and may also
apjxjint other and additional otticers to ludd ottice during plea-
sure, and may from tiuu' to time prescribe the duties of such
otliceis. and of the several depanments over which tln^y shall
prt'side, or to which they shall bidong. and of the otticers and
clerks thereof : and all rights. ])owers. duti»'s. functions, respon-
sihilities, or authorities now vested or im[)osed in or upon any
Attoiuey-General, Secretary, and Kegistrar of the Pi-ovince of
• 'anada. Minister of Finance. <'ommissioner of Crown Lands.
('i»nimissioner of I'ublic Woi-Us. and Minister of Agiicullure. by
any Law. Statute, oi' Ordinance of the former Provinces of Lower
Canada and Upper Canada, or of the Province of Canada, and not
repugnant to this Act shall bi vested in or imposed upon any
etlicei- to be appointed by the Lieutenant-Governor for the dis-
charge of the sanu» or any of them, unless and until, and in such
case in so far only as such rights, poweis, duties, or authorities
he vai'ied, altered, anu'uded, or repealed by the Legislature of

IIH:

l»iii|

II H:

204

FOURTH DRAFT OF RILL

the Provlnco, aiul the (""oniniissioner of Agriculture and Public
Works sliall, until it is otherwise ordered bv the Lefjislature.
combine and i)erforni the duties and functions of the oltice of
Minister of Ap'iculture as now imposed by tlu' law of the Pro-
vince of Canada, as well as those of the Commissioner of I'ublic
Works.

98. The Executive Councils of Ontario and Quebec may each
be composed of the Attorney-CJeneral, the i^ecretary and Rejjis-
trar of the Province, the Treasurer of the Province, the Com-
missioner of Crown Lands and the Commissioner of Ap'iculture
and Public W^orks, and in Quebc^c, of the Speaker of the Lejjisla-
tive Council and of the Solicitor-Creneral, and of any other per-
sons who may at any time, or from time to time be appointed
to the office of Executive Councillor by instrument under the
Great Seal, and to hold office durinj;' jdeasure.

0!). Fntil altered by the Lieutenant-Ciovernoi' in Council the
Cireat Seal of Ontario and (Quebec respectively shall be the same,
or of the same desijjn, in each of the said Provinces, as that used
in the Provinces of Tapper Canada and Lower Canada, prior to
their T'nion as the Province of Canada.

100. Xo person accepting; or holdinj; any office, commissioi:,
or employment, permanent or temporary, at the nomination of
the Crown, in eitlier of the I'rovinces of Ontario or Quebec to
which an annual salary, or any fee, allowance, emolument or
profit of any kind or amount whatever from the Crown is at-
tached, shall be elijiible as a Member of the Lepslative Assembly
of either I'rovince, nor shall he sit or vote as such ; but nothing;
in this section shall render inelipble as aforesaitl any person
bcinji; a ^lember of the Executive <'ouncil of either of the said
Provinces, or holding' any of the following; offices, that is to say,
of Attorney-deneral, Secretary and Re<iistrar of the Province,
Treasurer of the Province, Commissioner of Crown Lands, and
the Con\missioner of A}.j,riculture and Public Works, and for Que-
bec, the Solicitor-deneral, or shall disqualify him to sit or vote
in the House foi' which he is elected, provided he be elected
while holdinj? such office and not otherwise disqualified.

101. All laws, statutes, and ordinances of the former Pro-
vinces of Lower and Tapper Canada, or of the Province of Can
ada, now in force in the Province of Canada in resp;N't to
public lands, or to timber or jHiblic lands, and the sale
and management thweof respectively, and to public works.

niil

Foil I'NION' (»r !'.. N. A. COI.ON'IKS.

205

[ind Public
jOfiislatui'c.
le oltiee of
of the Pro-
1' of Public

c may each
and Re}?is-
?, the Com-
rV^ricultuic
;he Lejjisla-
' other per-
' appointed
under the

Council the
)e the same,
IS that used
da, prior to

'ommissioi:,
nination of

Quebec to
olument or
rown is at-
e Assembly
.)iit nothing
liny person
of the said

t is to say,
e Province,
Lands, and
nd for Que-

sit or vote

be elected
ed.

ormer Pro-
tice of Can

respite t to
the sale

die works.

and to the Bureau of Aj^riculture and A<?ricultural Socii'-
ties, shall so far as they are not i'ei»uj»iiant l<» this Act, be
and continue in force, and applicable to the I'rovinces of On-
tario and Quebec respectively, unless and until and in such case
in so far only as such laws, statutes, and ordinances be varied,
altered, amended, or repealed by the Legislature of the Pro
vince.

IMJ. Until other provisions are made by the Legislature of
Ontario and Quebec respectively, changing the same in either of
the said Provinces, all the laws which at the time of the Union
sliall be in force in each of the said Provinces respectively, re-
lating to the qualification and disqualification of any person to
be elected or to sit or vote as a Member of the Assembly of the
Pnivince of Canada, and relating to the (pialification or discpiali-
ti( ation of voters and to the oaths to be taken by voters and to
Returning Officers and their powers and duties, and relating to the
proceedings at elections and to the period during which such elec-
tions may be continued, and relating to the trial of controverted
(lections and the proceedings incident thereto, and relating to
the vacating of the seats of Members and to the issuing and ex-
ecution of new writs in case of any seat being vacated otherwise
than by a dissolution, shall respectively apply to elections of Mem-
bers to serve in the said Legislative Assembly of Ontario, and
ill rlie said the Legislative Assembly of Quebec : Provided that
at the first Election for a Member of the Legislative Assembly
fur the District of Algoma, all persons otherwise qualified ex-
cept in respect to real property, who are householders, shall have
the right to vote at the said Election.

l(i:{. The Legislative Assembly of Ontario and the Legisla-
ti\(' Assembly of Quebec respectively, shall continue for four
yea IS from the day of the return of the writs for choosing the
siinie and no longer, subject nevertheless to either the Legislative
Assembly of Ontario, or the Legislative Assembly of Quebec,
being sooner prorogued or dissolved by the Lieutenant-Oovernor
of either of the said Provinces respectively ; and except for the
pinpose of Election of a Speaker the presence of at least twenty
Meinbi-rs of the Legislative Assembly, including the Speaker,
shall be necessary to constitute a Meeting of the said Legislative
Assembly for the exercise of its powers ; and all questions which
^hall arise in the said Assembly shall be decided by the majority

'■t i

^'!'-ii

■iii

'',V

t'lia !

''!■''

ill

200

FOUIITH 1)]{AFT OF HILL

of voioes of such Membors as shall be pi-ess^nt, other than the
Speaker, and when the voices shall be equal, the speaker shall
lune tilt' castinj; voice.

104. There shall be a session of the Lejijislature of ea<h of
the said IMovinces once at least every year, so that a period of
twelve months shall not intervene between the last sitting of tlu*
Legislature in each Province in one session, and the first sitting
thereof in the next session.

105. And whereas the Legislature of the Province of Canada
have from time to time passed enactments, which enactments
were to continue in force for a certain number of years after the
passing thereof, and from thence to the end of the then next
ensuing Session of the Legislatures of the Province in which tin?
same were passed, therefore be it enacted, etc., that whenever
th(» words *' and from thence to the end of the then next ensuing
Session of the Legislature," or words to the same effect, have
been used in any temporary Act of the Pronnce of Canada,
which shall not have expired before the Union, the said words
shall be construed to extend and apply to the next Session of
the l*arliament of Canada, if the subject thereof be within the
powers of the same, as herein defined, or to the next Sessions of
the Li'^gislatures of Ontario and Quebec respectively, if ilie sub
j<'ct thereof be within the powers of the same, as herein detin-'d.

1()(J. All Laws, Statutes, and Ordinances, which at the time
of the L'nion shall be in force within the said I'rovince of Can-
ada, or the Provinces of Lower Canada or L'pper Canada, or
either of them, or anv' part of the same Provinces respectively,
shall lemain and continue to be of the same force, authority,
and ell'ect within the Provinces of Ontario and Quebec respec-
tively, as if this Act had not been made, except in so far as the
same are repealed or varied by this Act, or in so far as the same
shall or may hereafter, by virtue and under the authority of this
Act, be rev f!^- '' or varied by any Act or Acts of Parliament or
of the L;' 1? ; . o- Ontario or Quebec respectively, as the case
may I

107. A : Is of Civil and Criminal Jurisdiction within

Ihe Province oi Cuii.ida, or within Lower Canada, or Upper Can-
ada, and all legal Commissions, Powers, and Authorities, and all
Otti«'ers judicial, administrative, or ministerial within the sjiid
I'rovince of Canada, or within I^wer Canada, or Upper Canada,
except in so far as the same may be abolished, altered, or varied

Foil UNION i)b' \). N. A. COLONILS.

207

liv, or may be iiuunsisteiit with Iho I'rovisious of this Act, or
sluill be abolished, altered, or varied by any Act or Acts of Par-
liament of the LejnslJitures of the I'rovimes of Ontario and Que-
hrv respectively, as the case may be, shall continue to subsist
within Ontario and Quebec in the same fonu and with the same
ctlcct as if this Act had not been passed.

108. From and after the Union the use of the words '' Upper
Canada'' instead of "Ontario,'' or "Lower Canada'' instead of
" Quebec,'' in any deed, document, writ, process, pleading, matter
or thing whatsoever, shall not invalidate the same.

101). Any proclamation under the Great Seal of the Pro-
vince of Canada which shall, at the time of the Union have been
issued to take effect on a day or at a time which may be subse-
(luent to the said Union and whether relating to the said Pro-
vince or to Lower Canada, or to UpiK'r Canada, and the several
mat icrs and thing* therein proclaimed shall be, remain, and con-
tinue of full force and effect from and after the day or time men-
tioned in such Proclamation.

MO. Any prodanuition authorised by any Act of the Legisla-
ture of the Province of Canada to be issued under the Great Seal
of the Province of Canada, and whether relating to the said Pro-
vince, or to Lower Canada, or to Upper Canada, and which shall
not, at the time of the LTnion, have been issued, may be issued by
the Lieutenant-Governor of Ontario or Quebec, as the subject
matter of such proclamation may require under the Great Seal
thereof, and from and after the issue of such proclamation the
same and the several matters and things therein proclaimed shall
lie, I'tMuain and continue of full force and effect in such Province.

111. The Provincial Penitentiary of Canada shall, until
otherwise provided by Parliament, be and continue the Peniten-
tiary of and for Ontario and Quebec respectively.

112. The division and adjustment of the debts, credits, lia-
bilities, properties and assets of the Provinces of Upper and
Lower Canada, shall be referred to the arbitrament of three ar-
bitrators, one to be chosen by the Government of Ontario, the
other by the Government of Quebec and the third by the Gov-
ernment of Canada ; and the selection of the arbitrators shall
not take place until after Parliament and the Legislatures for
Ontario and Quebec have been elected, and the third arbitrator
shall not be a resident in either Ontario or Quebec.

-M'f'1

•If!"

ill!!

MMh ■:

H ^'''

i-ffl •'

-■»■"■

20M

FOUllTH DHAFT OF 151 LI,

11:5. The (lovornoi' ricnci'ill in Counoil may from time to timo
order that siuh and so many of the records, lioolvs and docu-
ments as belonj; to tlie Province of < 'auada shall be appropriated
and delivered either to Quebec or Ontario, and the same shall
thenceforth become the property of such I'ronnce ; and any copy
or extract therefrom, duly certified by the officer havinjj charjje
of the original thereof, shall be deemed and taken as evidence in
the ('ourts of cither Province.

114. The Lieutenant-Governors of Ontario, Quebec, and
Xova Scotia respectively shall cause writs to be issued for the
first Election of Members of the; Legislative Assembly in sucli
form and by such persons as he may prescribe, and at such time
and to such Returning Officer as the Governor-General shall
direct ; and so that the first Election of Member of Assembly
for any Electoral District shall be held at one and the same
time with the Election for Member of the House of Assembly
for such Electoral Division.

Miscellaneous Sections Ri:si>kcting ONTAiao, Quehec, Nova
:3coTiA AND New Bhunswick.

115. The following sections are applicable to Ontario, Que-
bec, Nova Scotia, and New Brunswick : —

11(5. Bills for appropriating any pait of the Public Revenue,
or for imposing any Tax or Impost shall originate in the Legis-
lative Assembly of each Province.

117. It shall not be lawful for the Legislative Assembly of
any Province to originate, or pass any vote, resolution, address,
or bill for the appropriation of any part of the Public Revenue,
or of any tax or impost, to any purpose that has not been first n'-
commended to that House by message of the Lieutenant-Gover-
nor in the Session in which such vote, resolution, address, or bill
is proposed.

118. Where a bill passed is presented to the Lieutenant-
Governor for his assent, he shall declare according to liis dis
cretion, but subject to the provisions of this Act, either that he
assents thereto or that he withholds his consent, or that he re-
siTves the Bill for the signification of the pleasure of the Gov-
ernor-General.

119. Where the Lieutenant-Governor assents to a Bill lie
shall by the first convenient opportunity send an authentic copy

I ' '

rri

FOK I'N'IOX OF H. N. A. COLOXIFX

200

iiie to time
and docu-
pi'opriatod
^amc shall
il any ropy
hv^ ('har^ic
'vidence in

lebec, and
led for the
»ly in such
c such time
leral shall
' Assembly
I the same
: Assembly

;bec, Nova

itario, Que-

ic Revenue,
the Legis-

ssembly of
u, address,
c Kevenue,
M'u tirst ri'-
lant-Gover-
ess, or bill

jieutenant-
to his dis-
ler that he
that he re-
f the aov-

a Bill he
lentic copy

of the Act to the Governor-deneral, and if the Governor-General
in Council within one year after the passing thereof, thinks tit
to disallow the Act, such disallowance being signitted by the
Governor-General to the Lieutenant-Governor, or by proclama-
tion, shall annul the Act from and after the day of such signiti
cation or prodanuition.

120. A lUll reserved foir the signitication of the Governor-
General's pleasure shall not have any force unless and until
within one year from the day on which it was reserved, the Gov-
ernor-General signifies to the Lieutenant-Governor, or by pro-
clamation that it has received the assent of the Governor-( Jen-
oral in Council ; an entry of every such signification or proclama-
tion when transmitted by message from the Lieutenant-Crovernor.
shall be made in the Journals of each House, as the case may be.

Miscellaneous.

121. It shall be lawful for Parliament bv anv Act or Acts
to define the privileges, immunities and powers to be held, en-
joyed, and exercised by the Senate and the House of Commons,
and by the Members thereof respectively : Provided that no such
privileges, immunities, or powers, sjiall exceed those now held,
enjoyed and exercised by the Commons House of the Imperial
Pu'liament, or the Members thereof.

122. The Parliament and Government of Canada shall have
all powers necessary or proper for performing the obligations
of Canada or of any Province thereof, as part of the British Em-
pire to Foreign Countries, arising under treaties between the
Empire and such Foreign Countries.

123. The Governor-General shall appoint the Judges of the
Superior, District and County Courts in each Province, and until
the consolidation of the Laws of Ontario, Nova Scotia, and New
Brunswick, such Judges shall be select<.*d from their respective
Bars.

124. The Judges of the Courts of Quebec shall be selected
from the Bar of Quebec.

125. The Judges of the Superior Courts shall hold their of-
fices during good behaviour, and shall be removable on the ad-
dress of both Houses of Parliament.

POPE CON. — 14

1 ^ '

I ' 'i!

ImT

1 •:

210

FOUllTH DltAFT OF HILL

120. Notwithstaiuling anythin^ in tliis Att, any Act of Par-
lianiont may from time to time make itiovision in relation to : —

(1) Atiricultm'r in all or any of the I'rovineeM.

(2) Ininii}iration into all or any of the Provinces,
(.{) All works and nndertakings.

And in each Province the LegislatuF'e may make provision in
relation to : —

(1) Aj'ricultnre in the Province.

(2) Immigration into the Province.

(3) All Avorks and nndertakinjjjs in the Province :

Bnt any Law passed by such Lej^nslature shall have the force
of law in and for the Province as long and so far only as it is
not repugnant to any Act of Parliament.

127. Either the English or the French language may be used
by ajiy person in the Debates of the Houses of Parliament,
and of the Houses of the Legislature of Quebec, and both
of these languages shall be used in the respective records
and journals of Parliament and of the Legislature of Quebec, aiul
the Lavvs and Statutes of Parliament, and of the Legislature of
Quebec, shall be printed and published in separate volumes of
the English and French languages respectively, and either <if
those languages uif<y be used by any person or in any pleading
or process in or issuing from any Court of Canada, created under
this Act, and in or from all or any of the Courts of Quebec.

128. It shall be lawful for the Queen at any time hereafter
to admit into the I'nion all or any of the Colonies or Provinces
of Newfoundland, I'rince Edward Island, or Kupert's Land, or
the North-Western Territory, or British Columbia, on such terms
and conditions as the Parliament of Canada shall deem equitable,
and as shall receive the assent of The Queen ; and in the case
of Newfoundland , Prince Edward Island and British Columbia,
as shall be agreed upon by their respective Legiislatures ; and in
the event of the admission of Newfoundland and Prmce Ed-
ward Island, or either of them, each shall be entitled to a repre-
sentation in the Senate of Canada of four Members, but after the
admission of Prince Edward Island into the Union, the repre-
sentation of Nova Scotia and New Brunswick in the Senate of
Canada upon any reduction by death or otherwise to the number
of Ten MembeTs from each or either of those Provinces shall not

I \

I'oii I'NioN' or II. N. A. ror.oNMKs.

211

,(t of Par-
tion to :—

U'ovision \n

■e the force
)nly as it is

may be used

l»arliameDt,

L', and both

tive records

Quebec, and

e{j;i»latnre of

volumes of

nd either «if

ny pleadinji

reated under

Quebec.
In\e hereafter
lor Provinces
|rt's Laud, or
>n such terms
(MU equitable,
Id in the case
ish Columbia,
[ures ; and in
Prmce Ed-
to a repre-
but after the
m, the repre-
the Senate of
^o the number
ices shall not

be replaced beyond that number, except as provided by the
sections of this Act ; and it shall be lawful for The Queen, upon
any such admission into tlie Tnion at any time hereafter, to
declare by proclamation, that any or oilhrr «»f tlie ('ol(Uii«'s or
Provinces of Xewfoundhmd, Prince Kdward Island, Rupert's
Land, the North Western Teriitory, or Hritisli Columbia, upon,
from, and after a certain day in such proclamation to be ap-
I»ointed shall so form a portion of the Kiujidom of Canada, and
henceforth the sanu' as the <'ase may be, shall be and become
a iK>rtion of the Kin}?doni, upon, from, and afti'r the day so ap-
pointed as aforesaid, and ui)on such teinis and conditions as may
be expressed in such Proclamation.

Intekcolca'iai, Kailwav.

129. And whereas the construction of a railway from the
River St. Lawrence to the city of Halifax, in the Province of
Nova Scotia is necessary :

And whereas it has been agreed between the Provinces that
such railway shall be constructed with all convenient speed.

Be it enacted, that the General Government shall within six
months after the union commence such railway, and within three
years thereafter complete the same.

SCHEDULE A.

Substantiallv the same as the fifth schedule of tlie J». N. A.

Act.

SCHEDULE R.
Substantially the same as the fourth schedule of the 1>. X. A.

SCHEDULE C.
Same as the set^ond schedule of the B. N. A. Act.

Con/dcnflal. Revise, f) Feh. 1.SG7.

British North America.
DHAFT

OF A

BILL

FOR

The Union of Canada, Nova Scotia, and 'Sew
Brunswick, and the Government thereof a?
united; and for Purposes connected therewith.

"TT^HEREAS the Provinces of Canada, Nova Sco-
T T tia, and New llrnnswlck liave exprt^ssed their

Desire to be federally united into one Doniin
ion under the (JroAvn of the I'nited Kin.i;doni of Gi-ear
Britain and Ireland, with a Constitution similar in IMin
ciple to that of the Tnited Kinjidoni :

And whereas sueh a Union would conduce to the
Welfare of the Provinces and promote the Interests of
the British Empire :

■ And whereas on the Establishment of the I'nloM by
Authority of I'arliament it is expedient, not only riiat the
Constitution of the Lejiislative Authority in the Domin
ion be provided for, but also tliat the Nature of thf
Executive Ciovernment therein be declared :

And whereas it is expedient 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 Com
mons. in this present Parliament assembled, and by the
Authority of the same, as follows :

I'on r.vioN OF n. n. a, colon iks.

I. — I'RELI.MIN'AllY.

2i:i

1. This Art niiiy Itc cited ns the nHtish North short titlf.
America Act, 1S(J7.

U. Tilt? Provisions of tliis Act icfcniii}; to Her Mji- Appiicii-
jcstv tlu' Queen extend also to the Heirs and Successors U"" -
or Her MrtjcHty, Km^^s and Queens ot the United Kiiij^^fioin r.-ferring
of (lit'at Hritain and Ireland.

to the
Cim'»'iJ.

II.— Union.

V^i

.*{. It shall he lawful for the Queen, hv and with the
Advice of Her Majestv's Most lloiiouralde IMivv Council,
to declare by rrodaniatiou that, cm and after a Day
therein ajipointed, not beiny; more than Six Months after
the passinj; of this Act, the Provinces of Canada, Nova
Scotia and New Brunswick shall form and be (hie Domin-
ion under the Name of Canada ; and on and after that
Day tliosi' three IM'ovin<'es shall form and be One Domin-
ion under that Name accordinj;ly.

4. The subseciuent Provisions of this Act shall, un-
h'ss it is O'therwise expressed or implied, commence on
and after the Union ; that is to say, on and after the Day
a]>i>ointed for the Union takinjn' <'ffect in the Qm'en's
I'ro('laniati(m ; and in the same Provisions, unless it is
otherwise expresst-d or implied, the Name Canada shall
be taken to mean Canada as constituted under this Act.

Dceliira-
tioii of
Union.

Construc-
tion of

Slll)H»>qu-

ent Pro-
visit >nH of
Act.

rroi'iurcii.

o. Canada shall be divided into Four Piovinces,
named Ontai-io, (Quebec, Nova Scotia, and New Pruns-
wick.

0. The Parts of the Province of Canada (as it exists
at the passing; of this Act) whicli formerly constitut<'d
icspectively the Provinces of Ujtper Canada and Ix)wer
Canada shall be deemed to be severed, and shall form
Two Separate Pi'ovinces. The Part which formerly con-
stituted the Province of Upper Canada shall constitute
tile I'rovinct' of Ontario, and the Part which formerly
constituted the I'rovince of Lower Canada shall consti-
tute the Province of Quebec.

I'ciur Pro-
vinces.

Provincps
of ( )ntario
and tjiie-
bcc.

w •

m i'

Ik f, -1

<;g • '-'v.

■'%tf ■■%

]< ■'■ < ■ ' K

It 11 ^1

1*11 \

214

FIVAL I)l?AtT OF lULL.

7. Tho Provinces of Nova Scotia and Now IJnins

Provinces

Scotiii find wick shall have the same Limits as at the passing of tins
Nt'w . , Apt

Decoimial

Ci'llSUS.

Dt'cbira-
tion of
Kxt^nitive
]*o\ver in
the Queen.

Applica-
tion of
Provisions
referrin|,'to
(Governor
General.

Constitu-
tion of
Privy
Council.

Powers to
be exercis
ed by ( Jov
ernor
(ieneral
with Ad-
vice or
alone.

8. In the jj;eiieral Census of the l*oi>nhition of Can-
ada which is hereby required to be taken in the Year
One thousand eij;ht liundred and seventy-one, and in
every Tenlh Year thereafter, the respective Populations
of the Four Provinces shall be distin<»iiished.

III. — Executive Poweu.

1). The Executive Governnu'ut and Authority of and
over the Dominion of Canada is hereby declared to con
tinue and be vested in the Queen.

10. Tlie Provisions of this Act referrin<jf to the
Crovernor-Cri'neral shall ext(nid and apply to the (Jovei-
nor-General for the Time beinji; of the Dominion of Can
ada, or other the Chief Executive Officer or Administra
tor for the Tinu^ beinji; carryinj*' on the (Joivernment of
Canada on behalf and in the Name of the Queen, by
whatever Title he is desi{i:nated.

11. There shall be a Council to aid and advise in the
Grovernment of Canada, to be styled the (Queen's Privy
Council for Canada ; and the Members of that (V^uncil
sliall be fi'om Time to Tinu- chosen and! summoned by
the ( Jovernor-Oeneral and sworn in as Privy Councillors,
and may be frou> Time to Tinu' removed by the Ooveruor-
General.

12. All Powers, Authorities, and Functions which by
[ any Act of the Parliament of (rreat liritain, or of the l*ar-

liament of the United Kin^idom of Great Britain ami Ire-
land, or of the Lejiislature of rpi»er Canada, LowtM' (\ni-
ada, Canada, Nova Scotia, or New IJrunswick, are at the
Union vested in or authorized or required to be exercised
by the resi»ective Governors or Lieutenant-Governors of
those Provinces, with the Advice, or with the Advice and
Consent, of the respective Executive Councils thereof,
or in conjunction with those (.Vumcils, or with any Num
ber of ^klembers thereof, oi- by those GovtMucws or Lieu
tenant-Governors individually, as lar as the same relate
to the Government of Canada and continue in existence

"mSTT""

FOR UXIOX OF I?. N. A. COLONIES.

215

\p\v J>runs-
isi^injj; of this

iition of Can-
in the ViMi-

-one, and in
l*o[)nlations

liority of and
•lai-ed to con

fi'injjf to the
to tlio (Jover-
linion of Can
r Adminiatia-
O'Vi'mnipnt of
lie Qneen, by

advise in tin-
^neen's I'l'iv.v

that Council

iinnnoned by
y Councillors,

he Croveruoi-

ions whicli by
01" of the Par-
itain and Ire-
I, Low(M' (\in-
ck, are at the
[) be exercised
Crovernors of
le Advice and
ncils thereof,
ith any Nuni
■no'fs ov Lieu-
e same relate
I' in existence

and capable of being exercised after the Cnion, shall be
vested in and shall or may be exercised by the (lovernoi'-
General, with the Advice or witli the Advice and Con-
sent of or in conjunction with the Queen's Privy Council
for Canada, or any ^leiubers thereof, or by the (iovernoi--
General individually, as the cas-.' re<\uires.

Hi. The l*rovisi(ms of this Act referrinj;- to the (Jov-tiun <'f'^
ernor-General in Council sliall be construed as ix^ferrinj-J^^j^J,'!.-!!'"^
to the Governor-General acting; by and with the Advice to (invei-
of the Queen's Privy Council for Canada. raHn'

Council.

14. The Governor-General may appoint any Person Appoint-
or anv Persons jointlv or severallv to be his Deputv orVr"*.*;^
Deputies within any Part or Parts of Canada, and in thati'.y<' "^(f-
Capacity to exercise durinj; the Pleasure of the ( Jovernor-rai.
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 tliem ; but
tlie Appointment of such a Deputy or Deputies shall not
affect the Exercise by the Governor-Gene; al himself of
any I'ower, Authority, or Function.

j.">, The Commander-in-Chief of the Land and Naval Coiuii.iiiul
Militia, aiitl of all Naval and Military Forces, of and inp„"^J^!i"'
the Dominion of Canada, is hereby detdared to continue
and be vested in the Queen.

IG. Until the Queen otherwise directs the Ser.t of'^;-''^"-
Government of Canada shall be Ottawa.

IV.~LEfilS[,ATlVE roV>EK.

nu'!it of
Ciinaila.

17. There shall be One Parliament for Canada, con-Con-titu-
slsting of the Queen, an Upper House styled th;' Senate. p^.("jj.',.
and the House of Commons. nientof

Laiiaa:i.

18. The Privileges, Immunities, and Powei-s to beFriviicge.^
lield, enjoyed, and exercised by tlie Senate and House of yi*;:,,'!.^,,
Commons and the Members thereof respectively shall be

such as are from Time to 'rum.' delined by Act of tl.>e K-irlia-
ment of Canada, but so that the same shall never exceed
those at the passing of this Act held, enjoyed, and <'X-
ercised by the Commons Htmse oF Parliament of the
United Kinodoui of Great r>ritHin and Ireland cr tlie
Members thereof.

TSufi^'W

216

FINAL DRAFT OF ]JILL.

11). The Parliament of Canada shall be called to-

tm-

First Ses-
sion of the

Pariia- gether not later than Six Months after the Union.

nieiit.

Annual Session.

20. There shall be a Session of the Parliament of

Yearly

Sessiion of -^ . t~, • i «

I'iuiia- Canada once at least m every Year, so that a Period or
Twelve Months shall not intervene between the last Sit-
ting of the Parliament in one Session and the first Sitting
thereof in the nt^xt Session.

Number of
Senators.

Represen-
tation of
I'rovincfs
in Senati.'.

Qnalificn-
tions of
Henators.

The Senate.

21. The Senate shall, subject to the ProWsions of this
Act, consist of Seventy-two ^Members, who shall be styled
Senators.

22. In relation to the Constitntion of the Senate Can-
ada shall be deemed to consist of Three Divisions : —

1. Ontario ;

2. Quebec ;

3. The Maritime I'rovinces, Nova Scotia and New

Brunswick ;

which Three Divisions shall (subject to the Provisions of
this Act) be equally represented in the Senate as follows:
Ontario by Twenty-four Senators ; Quebec by Twenty-
four Senators ; and the ^laritinie 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 Sena-
tors representing that Province shall be ai>pointed for
One of the Twenty-four Electoral Divisions of Lower
Canadai sp.n-ified in Schedule A. to Cluipter One of the
Consolidated Statutes of Canada.

2:'>. The Qualifications of a Senator shall be as fol-
lows : —

(1) He shall be of the full Age of Thirty Years :

(2) Tie siiall be either a Nalural-boi-n Subject of

the Queen, or a Subject of the Queen natura-
lized by an Act of the Parliament of (In^at
P.ritain, or of the Parliament of the United
' Kingdom of Great Britain and Ireland, or of

the Legislature of One of the Provinces of

■m

FOR UXIOy OF H. N. A. COLONIES, 217

Upper Canada, Lower Canada, Canada, Nova
Stotia, or New lirunswick, before the T'nion,
or of the Parliament of Canada after the
Union :

(3) He sliall be legally or equitably seised as of

Freehold for his own Use and Beneflt of
Lands or Tenementcs held ir. Free and Com-
mon Socage, or seised or possessed for his
own Use and Benefit of Lands or Tene-
ments held in Franc-alleu or Rotnre, within
the I'ronnce for which he is appointed, of
the Value of Four thousand Dollars, over
and above all rents, Dues, Debts, Charges, Mort-
gages, and Incumbrances due or i)ayable out
of or charged on or aifecting the same :

(4) His Projjerty shall be worth Four Thousand

Dollai-s over and above his Debts and Lia-
bilities :

(5) He shall be resident in the Province for which

he is appointed ;

(0) In the (.'ase of Quebec he shall have his n^al
Property Qualitication in the Electoral Divi-
sion for which he is appointed, or shall be
resident in that Division.

24. The rJovernor-General shall from Time to Time, j..,,,,^,,,,,^^
t^v Instrument under the Great Seal of Canada, sum-of^^'n'^t"'"-
men qualified Persons to the Senate ; and, subject to tlie
'^"I'ovisions of this Act, every Person so summon<Ml shall
hecom;^ and be a Mendx'r of the Senate and a Senator.

25. Such Pei'sons shall be liisl suninioned to fhesimnnons
Senate after the Union as the (.)ueen by Wai-rant underVf jl'.''^*-
Her Majesty's Royal Sign Manual thinks fit to apiuovc^fnators.

20. If at any Time on the Keconimendation of l he Addition

,, ^, "i , ,-v .1 • , ^.i . T 1 of Sfiiiitors

<'Overnor-General the (2"t>en tlnnks nt to direct t hat i„ certain
Three or Six Members be added to the Senate, f\\:: (Jov-^"''^''*^'*-
iM'nor-(jleneral may summon to the Senate such Three or
Six Persons (as the Case may be) representing etpially
tlie Three Divisions of Canada.

i :

p liljl

I !,

1 1 1

i i

■

^': i

11 ' m

1 1

M, 'IS

'218

llwluelinn
of Henato
to normal
Numbers.

Maximum
Number of
.Senators.

Leffisla-
tiv« Coun-
cillors of
Pn.vincfs
bt'comnig
Senators.

Tenure of
l)lace in
Senate.

Il"sig'na-
tion of
Place.

Disqualifi-
cation of
.Senators.

FIN'AL DK.SFT OF IMIJ..

27. In case of \ho Appointment at any Time of such
additional Three or Six Senators the Goveinor-Oeneral
shall not Siininion any Person to the Senate, except on a
further like Direction by the (^ueen on the like Recom-
mendation, until each of the Three IM visions of Canada
is represented by Twenty-four Senators and no more.

28. The Number of Senators shall not at any Time,
notuithstandinj;' anythinji' in this Act, exceed Seventy
eight.

20. Any IVrson who, beinjj' i Member of the Legisla-
tive Council of Nova Scotia or New .*' inswick, accepts a
Place in the Senate shall thereby vacate his Seat in such
Legislative Council, and if any Person, being a Member of
the Legislative Council of Canada, Nova Scotia, or New
Brunswick, to whom a Place in tlu' Senate is offered, does
not within Thirty Days thereafter by Writing under his
Hand, addressed to the Governor-Geuoral accept the
same, he shall be deemed to have declined the same.

IM). A Senator shall, subject to tl»e Provisions of this
Act, hold his Place in the Senate for Life.

31. A Senator may by "Writing under his Hand ad
dressed to the (fOvornor-Geneial resign his place in the
Senate, and thereupon the same shall be vacant.

32. The Place of a Si'uator shall become vacant In
anv of the following Cases : —

(1) If for Two consecutive Sessions of the Parlia-

ment he fails 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 :

(3) If he is adjudged Baidcrupt or Insolvent, or ap

plies for the Benelit of any Law relating to

Insolvent Debtors, or becomes a ptablic De-
faulter :

FOP. UNION OF P.. X. A. COLONIES.

219

no vacant" in

(4) If he is attainted of Treason or convicted of
Felony or of any infaniouH Crime :

(o) If he ceases to be qnalitied in respect of Pro
perty or of Residence ; provided, that a
Senator sliall not be diH'ined to liave ceaseil
to be qnalified in respect of Residence by rea-
son only of his residing; at tlie Seat of the
Goveinmoiit of Oannda while holdinj? an
OBice under that fiovernnient recpiirin^ liis
Presence there.

.'Jo. When a ^'acancy hapi)ens in the Senate by Re- Summons
si^naticni, Dentil, or otherwi.se, the Governor-General""^'*"

' caney.

sliall by Summons to a fit and qualilied Person fill the
Vacancy.

.'U. If any Question arises respiM-tinji" tlie Qualitica-<i"psf»;n«
tion of a Senator or a A'acancy in the Senate the same cancu-s,
shall be heard and detennined by the Senat(^ *^"

i]'). The Govern()r-(T(Mieral may From Time to Time, si-ealaT of
by Instrument under the Great Seal of Canada, appoint ■'^'"'^''''
a Senator to be Speaker of the Senate, and may remove
him and appoint another in his Stead.

o<>. Until the Parliamimt of Canada otherwise ]»ro-'^lflll;lu of
vides. the Presence of at least Fifteen Senators, includino-
the Sj)eaker, shall be necessai-y to constitute a Meeting
of the Senate for the Exerci.se of its I'owers.

:>7. Questions arisinji' in the Senate shall be decided Votim? in
by a Maj(vrity of Voi<'es, and the Spt^iker sh;«ll in all'
Cases have a Vote, and when the \'oices are eipial the
Decisicm shall be deemed to be in the Xco-ative.

House of Common-i.

.'>S. The House of Commons shall, subject to the l'io-C..tistitii-
visions of this Act, consist of One hundred and eiolity-oue ji,'"!;|. „f
Members, of whom eij-hty-two shall be elected for On-Cninums.
tario, Sixty-five for Quebec, Nineteen for Nova Scotia,
and Fifteen for New lirunswick.

89. The Governor- General sliall from Tim»,' to ''i'inie, .smnmon-
in the Queen's Name, by Instrmnent under the Great ^cal^|^,|^^^.„f
of Canada, summon and call tojiether tlie House of Com-Cummuns.
■I'ons.

220

FINAL DRAFT OF BILL.

Exclusion
ofsenator.s.

Electoral
Divisions
of the
Four Pro-
vinces.

40. A Senator shall not be -...ijable of beinfr elected
or of sitting or votinjif as a Member of the House of C-oni-
mons.

Electoral Districts.

41. Until the Parliament of Canada otherwise pro
vides Ontarii), Quebec, Nova Scotia, and New Brunswick
shall, for the IMirposes of the Election of ^Members to
serve in the House of Commons, be divided into Electoral
Districts as follows : —

1. — Ontario.

Ontario shall be divvied \ » the Counties, Ridings
of Counties, Cities, Parts of Cities, and Towns enumerated
in the .Scl edule to this Act, each whereof

shall be an Electoral District, ad < acn such District as
numbered in that Schedule entitled to return One Mem-
ber.

2. — Quebec.

Quebec shall be divide<l into Sixty-live Electoral Dis-
tricts, composed of the Sixty-five Electoral Divisions into
which Lower Canada is at the passing of this Act divided
under Chapter Two of the Consolidated Statutes of Cana-
da, Chapter Seventy-live of the Consolidated Statutes for
Lower Canada, and the Act of the Province of Canada
of the Twenty-third Year of the Queen, Chapter One, or
any other Act amending the same in force at the Union,
so rhat each such Electoral Division shall be for the Pur-
poses of this Act, an Electoral District entitled to return
(tne ^lember.

8. — Nova Scotia.

Each of the Eic^hteen Counties of Nova Scotia shall
be an Electoral District.

The County of Halifax shall be entitled to rc^turn Two
Members, and each of the other Counties One Member.

4. — New Britnswick.

Each of the Fourteen Counties into which New
P.runswick is divided, including the City and County of
St. Jolin, shall be an Electoral District. Tlie (Mty of St.

ISO of Com-

CDUtinu-
;illCl' of
Existing
Election
Liiws.

FOR UNIOX OF 1'.. N. A. COLONIES. 221

John shall also be a separate Electoral IMstiiut. P'acli
of those Fifteen Electoral Districts shall be emit led to
return One Member.

42. Until the Parliament of Canada otherwise pro
vides, all Laws in force in the several Provinces at the
I^uion relative to the followlnj;- Matters or any of them,
namely, — the Qnalifleations and Disqualifications of Per-
sons to be elected or to sit or vote as Members of the
House of Assembly or Legislative Assembly in the re-
spective Provinces, the Voters at Elections of such Mem-
bers, the Oaths to be taken by Voters, the Keturninjj Otti-
cers, their Powers and Duties, the Proceedinj,'s at Elec-
tions, the Periods durin}? which Elections may be con-
tinued, the Trial of Controverted Elections, and Proceed-
ings incident thereto, the vacating of Seats of Members,
and the Execution of new Writs in case of Seats vacati'd
otherwise than by Dissolution, — shall respectively a]»ply
to Elections of Members to serve in the House of Coin-
nions.

Until the Parliament of Canada otherwise prondes,
at any Election for a Member of the House of Commons
for the District of Algoma every Householder oth;*rAvise
qualified except in respect of Real Property shall, not-
withstanding anything in this Act, have a Vote.

43. For the First Election of Members to serve in the Writs for
House of Commons the Governor-General shall cause jjjljj'^ ' ^^'
Writs to be issued by such Person, in such Form, and ad-
dressed to such Returning Officers as he thinks fit.

The Person issuing Writs under this Sectiim shall
have the like Powers as are possessed at the Union by
the Officers charged with the issuing of Writs for the
Election of Members to serve in the respective House of
Assembly or Legislative Assembly of the Province of
Canada, Nova Scotia, or New Brunswick ; and the Re-
turning Officers to whom Writs are directed under this
Section shall have the like Powers as are possessed at
the Union by the Officers charged with the Returning of
Writs for the Election of Members to serve in the same
respective House of Assembly or Legislative Assembly.

222

FINAL DRAFT OF HILL.

Vacancif'K.

44. In case a Vaciincy in \hv Ropres<Mitatlon in the
Honst' of ConnnonM or any Eltnloral District liappcns ht-
fore tlie Meeting of tlie l*ar]iani<*nt, or after tlic Mcetni;;
of tlic J'arlianicnt Ix'fore JM-ovision is made by the Parlia
raent in tliis Behalf, a Writ in respect of sucli vacant Dis-
trict may be issued in like Mannei'.

Sinaker of
House o
Cuiniiion

4.5. The House of Commons on its first assemblinir
f . . .

IS. after a Gcnei^al Election shall proceed with all practicable

Speed to elect One of its ^fembers to be S[)eaker.

y.-ic.ancy 40. In case of a Vacancy hapj);"nin^ in the Office of

SiJt-'aker." Speaker by Death, Rcsijiinition, or otherwi.se, the Honsc
of Commons shall with all practicable Speed proceed to
elect another of its Members to be Speaker.

Speaker to 47. The Sj)eaker slnill preside at all >Ieetin};s of the

presu . jjQugg of Commons.

Trovision 48. Until the Parliament of Canada otiierwise pro-

ufsVeaker. vidcs, in casc of the Absence for any Reason of the Spea-
ker from tlie Chair of the House of Commons for a Period
of Forty-eight consecutive Hours, tlie House may elect
anotiier of its Members to act as Speaker, and the Mem
ber so eh^cted shall during the Ccmtinuance of such Ab
sence of the Speaker have and execute all the Powers,
Privileges, and Duties of Speaker.

C^ioruni of •i^- The presence of at least Twenty ]\reinbers of Die

House of Houg(^ of Commons shall be necessaiv to constitute a

Cunimon.s.

Meeting of the House for the Exercise of its Powers ; and
for that Purpose the Speaker shall be reckoned as a Mem-
ber.

50. Questions arising in the House of Commons shall
be decided by a Majority of Voices other than that of
the Speaker, and when the Voices are equal but not
otherwise, the Speaker shall have a Vote.

51. On the Completion of the Census in the Year One
mentof thousand eight hundred and seventy-one, and of each sub-
taXn!^" sequent decennial Census, the Representation of the Four

Provinces shall be re-adjusted by such Authority, in such
Manner, and from such Time, as any Act of the Parlia-
ment of Canada from Time to Time directs, according to
the following Rules : —

Voting in
House of
CommouH.

Decennial
Re-adjust

Tfi!

FOR UNION OF H. N. A. COl-ONIES.

223

(1) Quebec shall liavc the lixcd Xnmber of Sixty-

live Members :

(2) TlieiH* shall be assijiiied to each of the other

Provinces such a Number of Members as will
bear the same Proportion to the Number of
its Population (ascertained at such ( ensus)
as the Number Sixt.v-five bears to the Num-
ber of the I'opulatiou of Quebec (so ascer-
tained) :

•

(3) In the Computation of the Number of Membeis

for a I^rovince a fractional Part less than One
Half of the whole Number recpiisite for cn-
I titling the Province to a ^Member shall be dis-

regarded ; but a fractional I'art exceeding
One Half of that Number shall be eciuivalent
to the wlioie Number :

(4) On any such Re-adjustment the Number of

Members for a Province shall not be reduced
unless the Proportion which the Nimiber of
the Population of the Province bore to the
Number of the aggregate Population of the
T'nited Colony at the then last preceding Re-
adjustment of the Number of Members for
the Province is ascertained at the then la rest
Census to be diminished by One Twentieth
Part or upwards :

(5) Such Re-adjustment shall not take effect until

the termination of the then existing Parlia-
ment :

52. The Number of Members of the House of Com- increase of
mons may be from Time to Time increased by Act of the House of
Parliament of Canada, provided the proportionate Re-^"""'"""**"
presentation of the Provinces prescribed by this Act is

not thereby disturbed.

53. Every House of Commons shall continue for Five l^uration
Years from the Day of the Return of the Writs for choos- Commons.
ing the House (subject to be sooner dissolved by the Gov-
ernor-General), and no longer.

t '•

1 II

.ii

224

FINAL DRAFT OF HILL.

riatii)n luicl

v.— IVroN'EV Votes ; Royal Assent, &c.

54. ];ills for appropriatinj-- any I'ait of the Puhlic
TaxBill«. Reveuiie of Canada, oi- for inii)OHin<i: any Tax or Impost,
shall ori},Muat(' in tlio House of Connnons.

i^endation ^^- ^* **^'*" ""^ "'^ lawful for tile House of Conlnu)l1^

of Money to adopt or pass any ^'ote, Resolution, Address, or r.ill
for the Appropriation of any Part of the Publie Kevenuc,
or of any Tax or Impost, to any Purpose that has ni»i
been first recommended to that House by Message of the
Oovenu)r-(}eneral in the Session in which such Vote, liv
solution. Address, or Pill is proposed to be adopted or
passed.

Royal As- 56. \Yhtn-o H Bill passed by the Houses of the Parlia-

Well 11 t( •

Bills, &c. nient is presented to the Governor General for the
Queen's Assent, he shall declare, accordinjjr to his Discre-
tion, but subject to the Provisions of this Act and to Her
Majesty's Instructions, either that he assents thereto in
the Queen's Nauu*, or that he withholds the Queen's As
sent, or that he reserves the Pill for the Sij»nitication of
the Queen's i»leasure.

57. Where the Governor-General assents to a Bill in
the Queen's Name, he shall by the first convenient Opi)oi'-
Act at' "^ tunity send an authentic Copy of the Act to One of Her
sented to Majesty's I'riucipal Secretaries of State, and if the Queen

t)v Grovcr-

nor. in Council within Two Years after Receipt thereof by the

Secretary of State thinks fit to disallow the Act, sudi
Disallowance (with a Certificate of the Secretary of State
of the Day on which the Act was received by him) beiui;
signified by the Governor General, by Speech or Message
to the Houses of the Parliament or by Proclamation,
shall annul the Act from and after the Day of sueh Signi-
fication.

Significa- 5g \ ijiii reserved for the Signification of tlie

tion of "

Pleasure Queen's Pleasure shall not have any Force unless and
s"r?ed.''^' nntil within Two Years from the Day on which it was
presented to the Governor-General for the Queen's As-
sent, the Governor-General signifies, by Speech or Mes-
sage to each of the Houses; of the Parliament or by Pro
clamation, that it has received the Assent of the Queen
in Council.

Disallow-
ance by
Order in

iHii

FOR UNION OF R. N. A. C OLONIEH.

225

ho rnhlic
or Impost,

' C(>iuiiion>
'SH, or r»ill
V Hevcnuc,
at has ni»l
sjifje of the
ii Voto, Kc-
adopted or

the Parlia-
il for the
• his DisL'i'o-

aud to Ilcr
s ther«'to in
Queou's As-
iiitieation of

An ontry of ewry such Sjmmm'Ii, Mt'st«i}4«>, or Prochi
mation shall bo mado in tho .lourual of each Hous*', and
a (h'.piicato thereof duly attestetl hIipI! ho delivered to the
proiH'r Otthor to be kept aniouj; tho Records of (janada.

VI. — PUOVINCIAL CoXSTITL'TIOXS.

Lieutenant-Governofs :

59. For each Province there shall bo an Otticor, Li,.uten-
styled tho Liuutenant-Oovernor, appointed by the Gover- j^lrsuT'*'^'
nor-General in Council by Instrument under the Great ^''■"^''•"-'''^*
Seal of Canada.

60. A Lieutenant-Governor (shall hold office duriniJCTemrfof
the Pleasure of the Governor-General, but any Lieutenant- Lieutenant
Governor appointed after the Commencement of the First ''"^^''"'"■•
Session of the Parliament of Canada shall not bo remov

able within Five Years from his Appointment, except foi'
Cause assigned, which shall be communicated to liim in
Writing within One Month after the Order for his Ro-
uioval is mado, and shall be communicated by Message'
to the Senate and to the House of Commons within Onr
Week thereafter if the Parlimneut is then sitting, and if
not then within One Week after the Commencement of
the next Session of the Parliament.

()L The Salaries of the Lieutenant-Governors shall r'-'"'"'''^ "^

Lif\iten-

be fixed and provided by Act of the Parliament of Canada, ^mt <Jovei-

nvTu.

62. Every Lieutenant Governor shall, before assuni- q^^Yi, &c.
ing the Duties of his Office, make and subscribe bef ore "f ^^^i'"'

" ' tenant

the Governor-General or some Person authorized by hun ciovtmor.
to administer tho same, Oaths of Allegiance and Office
similar to those taken by the Governor-General.

63. The Provisions of this Act referi*ing to the Lieu- Applicn-
tenant-Governor shall extend and apply to the Lieutenant- provisions
Governor for the Time being or other the Chief Execu- »'t'f"7n>K

" to Lifu-

tive Officer or Administrator for the Time being carrying ttnant
on the Government of the Province, by whatever title he
is designated.

64. The Lieutenant-Governors of Ontario and Quebec mont 'of
may each appoint under the Great Seal of the Province, otficei^'for
and to hold Office during Pleasure, the following Officers, Ontario
that is to say, the Attorney-General, the Secretary andb^c.

POPE CON.

-15

.^<^

226

FINAL DRAFT OF MIFJ..

i '

Executive
Councils
of On-
tario and
Quebec.

K(%'i«triir of tin* Province, the Trcjisurcr of the I'rovincc,
the ('omniiHsionci' of Crown Lands, and llic ConunisHioncr
of A^'ricnltiirc and IMihlic Works, and in llic Case of (^iii'
Ik'c, tlu' Solicitoi'-Cjcncral ; and niav, l»y and under Order
in Council, from Time lo Tinu" prescrihe tlie Duties of
su(;li Odicerw and of the several Depart men Is over whicii
they Hliall preside or to which tlie.v sliall lu'lonjf, and of
llie Oltlc(»rs and Clerivs tliereof ; and may als(> appoint
otlier and additional Ollicers to hold (Xtice during,' IMea-
snre, and may from Time to Time la-escrihc the Duties
of such OHlcers, and of the several De[»artments over
wlilch they shall i)reside oi- to which they shall helon;.',
and of the Otticcrs and ( 'lerks thereof ; and all Kij,'iitH,
Powers, Duties, Functions, Uesprmslhilities, or Authori-
ties at the i>assinjj; of this Ad vested or imposed in or up
on any Attorney-(Jeneral, Secretai'y and Uepstrar of tlic
Province of Canada, Minister of Finance, Commissioner
of Crown Lands, Commissioner of Public Works, and
Minister of Aj;ricultnre, by any Law, Statute, oi' Ordiii
ance of the former Provinces of Cpiu'r Canada and Lower
Canada, or of the Province of Canada, and not re^pujjnant
to this Act, shall be \ fsted in or imposed upon any Otticer
to be appointed by the Lieutenant-Uovei'nor for the Dis
chaijic cf the same or any of them, unless and until ant!
as far only as such Kijjjhts, Powers, Duties, or Authorities
be varied, altered, auK'uded, or repealed by the Legisla-
ture of the Province.

The Commissioner of Agriculture and Public Works
shall, until it is otherwise ordered by the Legislature,
combine and perform the Duties and Functions of the
Office of Minister of Agriculture as 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.

(55. The Executive Councils of Ontario and Quebec
may each be composed of the Attorney-deneral, the Sec-
retary and Eegistrar of the Province, the Treasurer of the
Province, the Commissioner of Crown Lands, and the
Commissioner of Agriculture and Public Works ; and in
Quebec, of the Speaker of the Legislative Council and of
the Solicitor-General, and of any other Persons at any

Foil I'NIoN or n. \. A, col.oNIMS.

227

(' IM'oviiU'f,
miiviHHioiH r

'iJHC of Qllt'

ndcr Order
»» Duties of
«)V<M' whlcli
ouii, and (»f
iIho api»(iiiit

IminK •''<"'»
! the Dulles
tments over
(hall Ih'Iou;.',
I all Ui«htH,
oi' Authori-
sed in or nj)
.istrar of the
ioniniissioner
Works, and
te, or Ordin-
hi and Lower
ot r(i)uv;nant
)n any Ottieer

for the Dis
nd \intil am!
r Authorities

the Legishi-

I'ublic Works
Legishiture,

Ictions of the
issing of this
LnaJa, as well

Is.

and Quebec

jeral, the Soo-

^asurer of the

ids, and tlie
Forks ; and in
louncil and of
Irsons at any

Time or fioni Time to Tinu' api»ointe(l to the Olliee «)f
Excentive <'ouneillor h.v InHtrumeiil. unch'r the (Jreat Seal,
and to hold Otlice during IMeasure.

(»(■>. r»uil altered h.v the Lieutenant (Jovernor in'-^'^^-
Council loat Seal of Ontiuio and QtUihee respective-

ly Bhall he the same, oi' of the same Design, in each t)f the
said Provinces as that used in the Provinces of I'piter
Canada and Lower Canada before their Tnion as the I'ro-
vince of Canada.

07. All I'owers, Authorities, and Functions which by l'<.wir« to
any Act of the Tarliament of (Jreat liritaln, or of the Par .'"ji'j''*'^"''
li.ini'nt of the United Kingdom of (Ireat liritain and lre-'''"|V'"-
land, or of the Legislature of T'pper Canada, or of Lower nor with
Canada, or of the Pi-ovinco of Canada, were or are hof()i"e,Xn^^' "
or at the T^nion vested in or authorized or re<piired to be
exercised by tin* respective ( Jovernors or Lieutenant (l(>v-
ernors of ' ^e Provinces, with th<' Advice, or with the
Advice ai nsent, of the respe<'tive Executive Councils

thereof, or m c(mjunction with those Councils, or with
any Number of Members thereof, or by those (lovernors
or Lieutenant-(Jovernors individually as far as the same
relate to the (Jovernment of Ontnio and Quebe(! respi'c
tively, and are capable of being exercised after the Union,
shall be vested in and shall or may be exercised by the
Govenior-CJeneral, with the Advice or with the Advice
and Consent of or in conjunction with the Executive
Council appointed for the Affaii's of Ontario and Quebec
respectively, or any Members thereof, or by the Lieuten
ant-Governor individually, as the Case requires.

68. The Provisions of this Act referring to the Lieu-f>i'i'l'ca-
tenant-Governor in Council shall be construed as refer- rrovisions
ring to the Lieutenant-Governor of the Province acting [,'^LTeu-'^
bv and with the Advice of the Executive Council thereof. »•;"""*

(jovernor
in Council.

09. In the event of the Absence or Illness or Inabil- . , . .

Adniinis-

ity from any other Cause of the Lieutenant-Governor totrationin
discharge the Duties of his Office, the Governor-General ^^^^'f''*''
in Council may appoint an Administrator to execute the Lieuten-

^' ^ ^ _ ant Gover-

Office and Functions of Lieutenant-Governor during such nor.
Alsence, Illness, or other Inability.

228

FINAL DHAKT OP HII,L.

luontH.

SoatRof 70. Unless and nnUl I lie Exccntivo Uovcrnnicnl of

rroviiu'iiil

(;(ivorn any "I'ovmcc otnci'wise (lii'celH with n'spcct \o tliat Pro-
vince, tlu' SoalH of riovcnunont of I ho Pi'ovintcH shall hi-
as follows ; naniol.v, of Ontario, the (Jit.y of Toronto ; of
Quebec, the Cit.v of Quebec ; of Nova Scolia, tlu? (Mty of
Ualifax ; and of New Itrunswiek, the City of Frederic! on.

Lc(jisUifi( res of Pror'niccs.
1, — Ontaiuo.

tuiv for
Ontivrio.

Electoral
Districts.

71. There ,-ihall he a Legislature for Ontario consist
lug of the Lieutenant-Oovernor and of One House, styled
the Lejjislative Assembly of Ontario.

72. The Le}»islative As-^ienibly of Ontario shall be
coni posed of Eij^hty-two Members, to be elected to repre
sent the Kij^hty-two Electoral Districts, set forth in tiie
ScIuhIuIc to tins Act.

t lin

lif'jjisl.n-
tiirt' for
<..)m'l)t'c.

Coustitti-
ticni of
Legisla-
tive Coun-
cil.

(■itmlificrt-
tion of
Legisla-
tive Coun-
cillors for
Quebec.

Disquali-
cation of
Ijegisla-
tive CuuH'
cillors for
Quebec.

Vacancie-s,

2. — Quebec.

7;>. There shall be a Legislature for Quebec consist
iiiir ol" tlit^ LieutA:'nant-(i()veruor and of Two Houses, stvlod
the Legislative Council of Quebec and the Legislative As
sembly of Quebec.

li. The Legislative Council of Quebec sliall be com-
posed of Twenty-four Members, to be appointed by lli<'
Lieutenant-Governor, under the Great Seal of Quebec, one
being appointed to represent each of tlie Twenty-fom-
Electoral J.^ivisions of Lower Canada in this Act, referred
to, and each nolding Ottice for the Term of his Life,

75. The Qualitications of the Legislative Councillors
of Quebec shall be the same as those for the Senatoi's for
Quebec.

7<>. The Place of a Legislative Councillor of Quebec
shall become vacant in tiie like Cases, mutatis mutandis
in whieli the Place of Senatoi' becomes vacant under this
Act.

77. When a Vacancy happens in the Legislative
Council by Death, Resignation, or otherwise, the Lieuten-
ant-Governor, in the Queen's Name, by Instrument under

11;

von UNION OF li. \. A. COLOMKS. 22!)

11k' (ifcal Seal of (^ih'I"'*', sluill suinmon to llic sjiid Ivc^iH-
lativr (■oiincil Ji lit and qiialilicd PcrHoii I0 lill Uie
N'acaiioy.

7S. A Lcfjfislalivc ('onncilhtr may, l»y VVrhiii}^ under K''«iKna-

I • T I 1 -1 1 1 , • . . ' ' . . tion of

liiH Hand addrcHsi'd to tlic LKMilenanl-iiovcrnor, rcni^jn .s„at.
liis Scat in the Iy<'j,nHlaliv(! (Jonncil, and (Ihtcuikmi tlio
sanw sliall hv vacant.

70. If any QucHlion ai-iHcs icspcctin}^ the t2>ialifi(ii-<i"i''«tionrt
lion of a Lcjiislative Councillor, oi- ;i Vacancy in the Lf*f^i8-canci(H,&c.
lalivc Ooun<'il. tlic sann' sliall lie heard and dclcrniincd
by the LcfjiHlativc Council.

80. Tlie Lioiitcnant-Govornor may from Time to 'Kme,.Srx'ak.r of
l>y Instrument under tiie (Jreat Seal of Quebec, apiKiintfj^^i^J*,^'''*
a Member of tlie Lcfj^islative Coun<'il to be Speaker there-
of, and may remove him, and ai)[»oin( another in his Stejwl.

SI. Until the Leji,'islalure of (Quebec otherwise pro- ^^'i«""" <'»
vides, the presence of at h-ast Ten Members of (he Lej;is-ti'v« Coun-
lative Council, includinji: the Speaker, shall be necessary ^''"
to constitute a Meeting for the Exercise of its I'owers.

82. The Speaker sl:all vote as other Members, and in
case of an Equality of Votes it shall be held that the De-
cision is in the Negative.

8;{. The Legislative Asseujbly of Quebec shall be com-
posed of Sixty-live Members, to Ix* ehu'ted to represent
the Sixty-five Electoral Divisions or Di8tTi<'ts of Lower
Caiiad.a in this Act referred to, subject to Alteration of
those Divisions by Act of the Legislatur*' of Queiiec : Pro-
vided that it shall not be lawful t(i yiresent to tlie Lieii-
tenant-Oovernor for Ast;"nt any r»ill of the Legislative
Council and Assembly of Quebec by which the Limits (»f
the Electoral Divisions ov Distiicts mentioned in the
Schedule to this Act are altered, unless the Second and
Third Readings of such liill in the Legislative Assembly
have been passed 'Vith the Concnri-ence of the Majority
of the Members for the Time being of the .said Legislative
Assembly repi'esenting tliose Electoral Divisions or Dis-
tricts, and the Assent shall not be given to sucli IMll un-
less an Address has been presented by the Legislative
Ass<'mbly to the Lieutenant (Joveinor stating that su<-h
Bill has b<:!t n so passed.

^:\!

230

FINAL DRAFT OF RILL.

First Ses- 84. The Legislatures of Ontario and Quebec respec

Legisia- tively sliall be called together not later than Six Mouths
*"'■'"'• after the Union.

85. The Lieutenant-Crovemors of Ontario and Quebec

Summon-
inff i.)f

Legislative respectively shall from Time to Time, in the Queen's

.A.SS0T11 ol V

Name, by Instrument under the Great Seal of the Pro-
vince, summon and call together the Le<»1slative Assem-
bly of the Province.

Riwtiictii n
on Elec-
tion of
Powers of
Officers.

:ii

86. A Person accepting or holding any Office, Com-
mission, or Employment, pei-manent or temporary, at
the Nomination of the Lieutenant-iiovernor, in either of
the Provinces of Ontario or Quebec to which an annual
Salary, or any Fee, Allowance, Emolument, or Profit of
any Kind or Amount whate\er from the Province is at-
tached, shall not be eligible as a Member of the Legisla-
tive Assembly of either Province, nor shall he sit or vote
as such ; but nothing in this Section shall make ineligible
as aforesaid any Person being a Member of the Execu-
tive Council of either of the said Provinces, or holding
any of the following Offices, that is to say, of Attorney-
General, Secretary and Registrar of the I'rovince. Trea
surer of the Province, Commissioner of Crown Lands, and
the Commissioner of Agriculture and Public Works, and
for Quebec the Solicitor-General, or shall disqualify him
to sit or vote in the House for which he is elected, pro
vided he be elected while holding sucli OtHce and not
otherwise disqualified.

87. Until the Legislatures of Ontario and Quel>ec re
si)ectively 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 Quail
fications and Disqualitications of Persons to be elected or
to sit or vote as Members of the Assembly of the Province
of Canada, the Qualiflcations or Discpialiflcations of
Voters, the Oaths to be taken by Voters, the Returninji
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 Proceedings incidents thereto, the vacating of the

FOR UXION OF B. N'. A. COLONIES. 231

Seats of Members and the issuinjj and Execution of new
Writs in case of KSeats vacated otlierwise than by IHsso
luHon, sliall respectively apply to Elections of Members
to serve in the Lejfislative Assembly of Ontai-io and in
the Le{,nslative Assembly of Quebec : Pronded that until
the Le^slature of Ontario otherwise provides, at any
Election for a Member of the Lejfislative Assembly of
Ontario for the District of Algoma all Householders other-
.".' qualified except in respect of Real Property shall
h ve Votes.

88. Every Lejjjislative Assembly of Ontario and every
I^egislative Assembly of Quebec shall continue for Four
Years from the Day of the Return of the Writs for chooa-
iii},' the same (subject nevertheless to either the Lej^isla-
tive Assembly of Ontario or the Lej^islative Assembly of
Quebec beinj? sooner dissolved by the Lieutenant-Oover-
nor of the Province), and no lonj;er.

80. There shall be a Session of the Lejjislature of
each of the said Provinces once jit least every Year so
that a Period of Twelve Montlis shall not iiitervent^ be-
tween the last Sittinj; of the Le'j.islature in each Province
in one Session and the first Sitting- thereof in the next
Session.

90. The following Provisions of this Act respectinj?
the House of Commons of Canada shall extend and apply
to the Legislative Assemblies of Ontario and Quebec re-
spectively ; that is to say, the Provisions I'datinjn to the
Election of a Speaker originally and on ^'a<•ancies, the
Proceedings of tlu^ Speaker, the Absence of the Si)eak(?r,
and the Quorum of the House and the Mode of voting
therein as if those I*i'ovisions were here re-enacted and
made applicable in Terms to each such Legislative As-
sembly.

8. — Nova Scotia and Xkw Biu'N'swick.

91. The Constitution of each of the Provinces of Novaconstitu-
Scotia and New Brunswick shall, subject to the I'rovis- ^r'^^^'J^"^
ions of this Act. continue as it exists at the Union until Scotia and
altered or amended under the Authority of this Act, and Brunswick

fflr

s : I

?■ :<

232

FINAL DRAFT OF BILL.

Firnt
Elections.

the House of Assembly of New Brunswick shall, unless
sooner dissolved, continue for the Period for which it was
elected.

4.— Ontario, Quebec, and Nova Scotia.

92. Each of the Lieutenant-Governors of Ontario,
Quebec, and Nova Scotia respectively shall cause Writs
to be issued for the First Election of Members of the
Legislative Assembly thereof in such Form and by such
Person as he prescribes, and at such Time and to such
Returning; Officer as the Governor-General directs, and so
that the First Election of Member of Assembly for any
Electoral District shall be held at one and the same Time
with the Election for Member of the House of Commons
for such Electoral District.

5.— The Four Provinces.

:??l

Appiica- 03. The Provisions of Part V. of this Act shall ex-

Legisia- tend and apply to the Legislatures of the several Pro-
Provi°ioi)K vinces as if tliose Provisions were here re-enacted and
resiKctiiig niade av>plicable in Terms to the re.speetive Provinces and

Money ' ^ '

Bills, &c. the Legislatures thereof.

VII.— Judicature.

ment'"/ ^'*- '^^^^ Govemor-General shall appoint the Judges

Jiidges. of the Superior, District, County, and Recorders Courts

in each Province, except those of the Courts of Probate

in Nova Scotia and New Brunswick.

Selection
of .Tudges
in Ontario,
&c.

Selection
of Judges
in CJuebec.

Tenure of
Office of
.Tudges of
Superior
Courts.

95. Until the Laws relative to Property and Civil
Rights in Ontario, Nova Scotia, and New Brunswick, and
the Procedure of the Coarts in those Provinces, are made
uniform, the Judges of the Courts of those Provinces ap-
pointed by the Governor-General shall be selected from
the respec' ^ ^e Bars of those Provinces.

96. The Judges of the Courts of Quebec shall be
selected from the Bar that Province.

97. The Judges of the Superior Courts shall hold
Officei duringsgood Behaviour, but shall be removable by
the Govi'rnoa'-General on Address of the Senate and
House of Commons.

FOR UNION OF B. N. A. COLONIES.

233

08. The Salaries, Allowances, and Pensions of the ^f^^arirs,
Judges of the Superior, District, and County Courts, and Judges,
of the Admiralty Courts in Cases where the Judges there-
of are for the Time being paid by Salary, shall be fixed
and provided by the Parliament of f'anada.

VIII. — DiSTRIHUTION OF LEGISLATIVE POWEIIS.

^c shall be

Powers of the Parliament.

09. It shall be lawful for the Queen, by and with theLegisia-
Advice and Consent of the Senate and House of Com- *|,''^f^i^y ',£
mons, to make Laws for the Peace, Order, and good Gov- I'^rii-
ernment of the Dominion of Canada, in relation to all Canada.
Matters not coming within the Classes of Subjects by this
Act assigned exclusively to the Legislatures of the Pro-
vinces ; and for greater Certainty, but not so as to restrict
"the Generality of the foregoing Terms of this Section, it
is hereby declared that the Legislative Authority of the
Parliament of Canada extends to all Matters coming with-
in the Classes of Subjects next hereinafter enumei'ated ;
that is to say, —

1. The Public Debt and I'roperty.

2. Tlie Regulation of Trade and (^'ommerce.

X The raising of Money '<y any Mode or System
of Taxation.

4. The borrowing of Money on tlu^ Public Ci'edit.
n. Postal Service.

6. Tlie Census and Statistics.

7. Militia, Military and Naval Service, and De-

fence.
7a. The fixing of and jiroviding for Ihe Salaries
and Allowances of <Mvil and other OlTicers of
the (fovernment of Canada.

5. lieacons, Buoys, Lighthouses, and Sable Island.
I 0. Navigation and Shipping.

10. Quarantine and the Establishment and Main

lenance of Marine Hospitals.

11. Sea (.'oast and Inland Fisheries.

i {i

1 1

234

Subjects of
exclusive
Provincial
Legisla-
tion.

FINAL DRAFT OF BrLL.

11a. Ferries between a Province and any British or
Foreif^n Countiy or between Two Provinces.

12. Curreney and Coinage.

13. Bankinj?, Incorporation of Banks, and the Ishuc

of Paper Money.

14. Savinjjs Barks.

13. Weiglits and Mea.siires.

16. Bills of Exchange and Promissory Notes.

17. Interest.

18. Legal Tender.

19. Bankruptcy and Insolvency.

20. Patents of Invention and Discoveiv.

21. Copyrights.

22. Indians, and Lands reserved for the Indians.

23. Naturalization and Aliens.

24. Marriage and Divorce.

25. The Criminal Law. except the Constitution of

Courts of Criminal Jurisdiction, but includ-
ing the Procedure in Criminal Matters,

2<». The Establishment, Maintenance, and Manage
ment of Penitentiaries.

27. Such Classes of Subjects as are by this Act e.v-
prcssly excepted in the Enumeration of the
Classes of Subjects by this Act assigned ex-
clusively to the Legislatures of the Provincs'S.

And any Matter coming within any of the Classes of Sub-
jects enumerated in this Section shall not be deemed to
come within the Subject of Projierty and (^ivil Rights
comprised in the Enumeration of tlie (Masses of Subjects
by this Act assigned exclusively to the Legislatures of the
Provinces.

Exclm^ivc Povevfi of Provincial Lurfidature.

too. In each Province the Legislature may exclusive
ly make Laws m relation to Matters c«)ming within tlic
Classes of Subjects next herein-after enumerated ; that is
to say, —

FOR UNION OF n. N. A. COLONIES.

•235

British or
rovincoH.

1 the IsHUc

fotcs.

Indiana.

stitntion of
but inclmi
ttcrs.

id Manajif

lis Act ex-
ion of the
ssij?ned ex-
Provinc'S.

■ises of Sub-
deemed to
'i\il Ri};-htH
of Subjects
tures of the

(lire.

V exclusive
within the
ted ; that ia

(>.

10,
11

12.
Ill

The Amendment from Time to Time of tlie
Constitution of tlie Province, excei)t as re-
gards the Office of Lieutenant-Governor :

Direct Taxation witliin th<' Province in order
to tlie raisin}!: of a Revenue for Provincial
INirposes, with Reservation to New liruns-
wick of the Right to collect the Lumber l)u<>s
provided in (Miapter Fifteen, Title Three, of
the Revised Statutes of that Province, and
any Amendment thereof mad»> befori' or af-
ter the Tnion that does not increase the
Amount of such Dues, but excepting the Lum-
ber of any of the I'rovinces other than New
IJrunswick :

The borrowing of Money on the sole (Jiredit of
the Provin<'e for I'rovlncial Puri>oses :

The EstablishnuMit and Tenui-e of Provininal
Offices and the A]>polntnieiit and Payment
of Provincial OtVicMs :

The ManagiMiient and Sale of the Public Lands
belonging to the Province and of the Timber
and Wood thereon :

The Establishment, ^lainleiiance. and ^fanage-
ment of Public and Reformatory Prisons in
and for the Province :

The Establishment, Maintenance, and Manage-
ment of Hospitals, Asylums, Charities, and
Eleemosynary Institutions in and for the Pro-
nnce, other than Marine Hospitals :

Municij>al InsMtutions in the Province :
Shop, Saloon, Tavern. Auctioneer, and other
Licenses in ordei* t«» the raising of a Revenue
for Provincial, Local, or Municipal Purposes :
Works and Undertakings :
Tlie Incorporation of ('omi)anies witii exclu-
sively Provincial Objects :
The Solemnization of Marriage in the Piovince :
Property and Civil Rights in the Province :

rxf^'W

236

FINAL DRAFT OF BILL.

?;1

14. The Administration of Justice in tlie Provinco,

including the Constitution, Maiiitonanco, and
(Ji-oanization oi:' Provincial Courts, both of Civil
and of Criminal Jurisdiction, and including-
Procedure in Civil Matters in those Courts :

15. The Imymsition of I'unishment bv Fine, Pen-

alty, or Imprisonment for enforcing any Law
of the Province made in relation to any Mat-
ter coming within any of the C'lasses of Sub-
jects enumerated in this Section :

IG. Such other Classes qf Subjects (if any) as are
from Time to Time added to the Enumera-
tion in this Section by any Act of the Parlia-
ment of Canada.

Education.
Legisla- 101. lu and for each Province the L(^gislature may

higEd^uca- f'xclusively make Laws in relation to Education, subject
tion. and according to the following Provisions :

(1) Nothinjj in any such Law shall prejudicially

afTect any Right or Privilege with respect to
Denominational Schools which any Class of
Persons have by Law in the Province at the
Union :

(2) All the Powers, Pi'ivileges, and Duties at the

Union by LaAv conferred and imposed in Up-
per Canada on the Separate Schools and
School Trustees of the Queen's Roman Catho-
lic Subjects shall be extended to the Dissen-
tient Schools of the Queen's I'rotestant and
Roman Catholic Subjects in Lower Canada :
(?i) Where in any Province a System of Separate
or Dissentient Schools exists by Law at the
Union or is thereafter established by the Leg-
islature of the Province, an Appeal shall lie
to the Governor-General in Council from any
Act or Decision of any Provincial Authority
affecting any Right or Privilege in relation
to Education of the Queen's Protestant or
Roman Catholic Subjects, being the Minority
of the I*o])ulation of the Province :

FOR UN FOX OF H. N. A. COLOXIES.

237

B Pi'ovinc'o,
■nance, and
oth of Civil
1 including
>ae Courts :
Fine, Pen-
ig any Law
to any Mat
9868 of Sub-

any) as are
e Enuniera-
f the Parlia-

(4) In case any such Pr(»vin('ial Law as fi'om Time
to Time seems to the <iovernor-<ieneral in
Council reijuisite for the due Execution of thr
Provisions of this Section is not made, or in
case any Decision of tiiu (iovernor-Genernl
in Council on any Appeal under this Section
is not duly executed by the proper Provincial
Authority in that Itehalf, then and in every
such Case, and as far only as the Circuni-
stances of each Case letpiire, the Parliament
of Canada may make remedial Laws for th"
due Execution of the Provisions of this Sec
tion and of any Decision of the Crcjvei'nor-Cren
eral in Council under this Section.

islature may
tion, subject

.prejudicially
li respect to
iny Class of
(vince at the

►uties at the
osed in Up-
Schools and
oman Catho-
the Dissen-
(testant and
r Canada :
of Separate
Law at thtr
by the Leg-
eal shall lie
cil from any
lal Authority
in relation
Irotestant or
the Minority

Legisla-
tion for
Uniform-
ity of
Lawn in
Three
Provinces.

Uniformity of Laws in Ontario, Nova Scotia and New

Brunswick.

102. Notwithstandinj? anything in this Act, any Act
of the Parliament of Canada may make Provision for the
Uniformity of all or any of tlie Laws relative to Property
and Civil Rights in Ontario, Nova Scotia, and New Bruns-
wick, and of the Procedure of all or any of the Courts in
those Three Provinces, and thenceforth the Power of the
Parliament of Canada to make Laws in relation to any
Matter comprised in any such Act shall, notwithstanding
anything in this Act, be unrestricted ; but any Act of the
Parliament of Canada making Pi'o vision for such Uni-
formity shall not have effect in any Pro\ince unless and
until it is adopted and enacted as Law by the Legislature
thereof.

Court of Aj)iiea.l, dc.

103. Any Act of the Parliament of Canada may, not- General
withstanding anything in this Act, from Time to Time ^^p^^g^^^^
provide for the Constitution, Maintenance, and Organiza-
tion of a General Court of Appeal for Cginada, and for the
Establishment of anv additional Court in any Province.

fmr

288

FINAL DRAFT OF FULL.

C(-ncur-
ront Pow-
WH of
Lt'gisla-
lion ri'-

Affrioil-
ture, &c.

Creationof
Consoli-
dated Re-
venue
Fund.

Agricidture, Immigration, Public Works.

104. In each iMoviiifc tin* Lt'j-islalm*' may luukc
Laws in iclalion 1«> .\ra(tt'is coniiny witliin llic ('lasses of
Subjects next hereinafter eimnieriited ; that is to say,

1. Agneultuvi' in tlie I'rovince :

2. Ininiij^ratiun into the I'rovinco :

3. Works and rndcrtakinjis in the Province :
And it is liereby de* lared that th<' Parliament of r^mjuhi
may from Time to Time make Laws in relation to Malteis
cominj;- within tlw Classes of Sid)je»ts next hereinafter
enumerated ; that is to say,

1. Ajjriculture in all or any of the IM'ovinces :

:{. Immigration into all or any of the Provinces :

,'i. Works and I'ndertakinjis of the following
Classes, —

(a) Lines of Steam or other Ships, Rail-
ways, Canals, and other Woiks, and Un-
dertaldnji's eonnectinjj; any Province
with any other or others of the Pro-
vinces, or extending? beyond the Limits
of any I'rovince ;

(b) Lines of Steam Ships between any Pro-
vince and any British or Foreign Coun-
try ;

{c) Such Works as although wholly situate
M'ithin One Province are before or after
their Execution declared by Act of the
Parliament of Canada to be for the general
Advantajie of Canada or for the Advan-
tage of Two or more of the Provinces :

And any Law of the Legislature of a Province rela-
tive to any Matter coming within the (Classes of Subjects
in this Section enumerated shall liave effect in and for
the Province as long and as far only as it is not repug-
nant to any Act of the Parliament of Canada.

IV. — Revenues, Properties, &c.

105. All Duties and Revenues over which the resiwc-
tive Legislatures of Canada, Nova Scotia, and New Bruns-
wick before and at the Union had and have Power of Ap-

FOR UNION OF H. N. A. COLONIES.

230

Expenses

..f C()11(K3.

tiDii, &c.

propriation, except hikIi Portions thorcctf as ar»' b.v this
Act rcscrv.'d to Iho respective Le;;islatiii-es of the Pro-
vinces, oi* aft' raised by them in accordanc*' with the
special Powers conferred on them by this Act, sliall foi'm
One Consolidated Revenue Fund, to b<' ai>piopriated f(»r
the I'liblic Service of Canada in tlie Manner and subject
to the Cliarjii's in this A<'t provided.

10('». Tlie Consolidated Revenue Fund of ('anada
sliall be permanently char^jed witli all theC'osts, Chai'j;<'s,
and p]xi>enses incident to the (.'ollection, Manaj;<'ment,
and Receipt thereof, and the same shall form the First
Charge thereon, such Costs, Charp;es, and Fxpenses beinj;
subject nevertheless (o be reviewed and audited in such
Manner as shall be ordered by the Governor-Ceneral in
Council until otherwise provided by any Act of the Par-
liament.

107. The annual Interest of the Public Debt of the Intomst of
several Provinces of Canada, Nova Scotia, and New ]j"iJt',''
lirunswick at the Cnion shall form th<' second ('harge on
the Consolidated Revenue Fund of Canada.

10.S. Cnless altered by any Act of the Parliament of
Canada, the Salary of the Governor-Ceneral shall be Ten
Tliousand Poun<lH Sterling .^loncy oi:' the United Kin<^dom
of Great Britain and Ireland, i)ayable out of the Consoli-
dated Revenue Fund of Canada, and the same shall form
the Third Charge thereon.

lOi). Subject to the several Payments by this Act
charged on the Consolidated Revenue Fund of Canada,
the same shall be appropriated by the Parliament of Ca-
nada for the Public Service.

Salary of
Governor
(Joneral.

Approp-
riation
from Time
to Time.

110. All Stocks, Cash, Banker's Balances, and Secuii- Transfer
ties for Money belonging to each Province at the Time of &c. ^ '
the Union, except as in this Act mentioned, shall be the
Property of Canada, and shall be taken in Reduction of

the Amount of their respective Debts at the Union.

111. The Public Works and Property of each Pro- transfer
vince, enumerated in the Schedule to this Act, party in
shall be the Property of Canada.

240

FINAL DRAFT (»F 1111,1,

Pro|)«rty ] 12. All Luuds, MiiH's, Minerals, and RoyallicM Ik'-

Mines, &'c. longing to tlio Hevt'i'al Provinces of Canada, Nova Scotia,
and New IJruiiswick, and all Sams due for sucli Lands,
Mines, or Minerals, at llie T'nion, sliall belong to the sev-
eral IM'ovinces of Ontario, Quebec, Nova Scotia, and New
Brunswick in which tlie same are situat*' or arise, subject
to any Trusts existing in respect tliereof, and to any In
terest of otlier Persons in the same.

ANsetn
c<»nnocted
with J'rii-
vinciiil
Debt>i.

AsHiimp-
tion of
Provincial
Debts.

Debts of
Ontario
and 1^11-
bee.

ll.'{. All Assets connected with such Portions of the
Public Debt of any Province as are assumed by such
Province sliall ix'long to such Province.

114. Canada shall assume the Debts and Liabilities
of each Province existing at the Union.

115. Ontario and Quebec conjointly shall assume the
Excess (if any) by which the Debt of the Province of Ca-
nada exceeds at the Union. Sixty two millions five hun-
dred thousand Dollars, and shall be cliarged with Interest
at the Rate of Five per Centum per Annum thereon.

IIG. The Assets enumerated in the Schedule

to this Act belonging at the Union to the Province of Ca-
nada shall be the property of Ontario and Quebec con-
jointly.

117. Nova Scotia shall assume the Excess (if any) by
which its Public Debt exceeds at the Union Eight million
Dollars, and shall be charged w ith Interest at the Rate of
Five per Centum per Annum thereon.

Debt of 118. New Brunswick shall assume the Excess (if any)

Brunswick by which its Public Debt exceeds at the Union Seven
million Dollars, and shall be charged with Interest at the
Rate of Five per Centum per Annum thereon.

Payment 119. In case the Public Debts of Nova Scotia and

to NotI*** N<^w Brunswick do not at the Union amount to Eight mil-
Scotia and Hqq rjjj^j Seven million Dollrrs respective! v, thev shall ro

New ^ . .

Brunswick spectively receive by half-yearly Payments in advance
from the Government of Canada the Interest at Five per
Centum per Annum on the Difference between the actual
Amount of their respective Debts and such stipulated
Amounts.

Assets ( it
Ontario
and t^Uf-
bee.

Debt of

Nova

Scotia.

vii Sc;>tia,
nil Lands,
o tin' scv
, and New

M\ HUbjiM't

to any In-

ons of the
a bv suili

Liabilitii^s

assume tho
ince of Osi-
is five luin-
ith Interost
hereon.

Scliednle

nnee of Ca-

nebec cou-

(if any) by
ijjlit nnllion
[the Rate of

}eas I if any)
\ion Seven
?rest at the

Iscotia and
EijjUt mil-
ley shall re-
in advance
lit Five per
the actual
stipulated

FOR rXIOX OF U. V. A. COLONIES. 241

120. The Heveral Provinces sliall retain all Public j]'^'"' !'"■'"'
Property not otlierwis«? disposed of in this Act, stibj»M't »'i..|«rty.
to the Rijfht of ('anada to assume any Lands or Public
Property required for FiU'titications or for the Defenc*'

of the Country.

121. The followiuf; Sums shall be paid yearly by Ca-Crants U)
nada to the several I'rovinces f«)r the Support of tlu'ir '""'""""•
Governments and Le;;islatures :

Ontario !?S().000

Queb.'c 70.000

Nova Scotia <;(M)00

New Brunswick ."0,000

lj52(;(M)00

and an annual Urantj in aid of each Province shall be
made, equal to Eighty Cents \Hn' Head of the Population
as ascertain, o by the Census of One tliousand eifrht hun-
dred and sixty-one : and in the ('ase of Nova Scotia and
New Brunswick, by each subsequeiit Decennial Census
until the Population of each of these Provinces amounts
to Four hundred thousand Souls, at which Rate such
Grant shall thereaft<M' remain. Such Grant shall be in
full Settlement of all future Demands on Canada, and
shall be paid half-yearly in advance to each Province ;
but the Government of Canada shall deduct from .such
Grant, as agjainst any Province, all sums charj^eable as
Interest on the Public Debt of that Province in excess of
the several Amounts sti]'ulated in this Act.

122. N.w Brunswick shall receive by half-yearly Pay- iMirther
mei ' advance f' m Canada for the Period of Ton Xew
Ye:i rom the Union an additional Allowance of sixty- ^'"""''^''^^•
tlu'ec ihousaud Dollars per Annum ; but as long as the
Public Debi nf that Pi'ovince I'emains under Seven mil-
lions of Dollars, a Deduction e< .al to the Interest at Fivi?

per Centum per Annum on such Deficiency shall be nuide
from that Allowance of Sixiy-three thousand Dollars.

123. All Payments to be "lade under this Act, or in Form of ^^
discharge of Liabilities created under any Act of the Pro- '^^
vinces of Canada, Nova Scotia, and New Brunswick re-

POPE CON.— 1(»

•w. p

•f

Customs
and Kx-
oisc.

242 FINAL DRAFT OF HILL.

H|M'ctivel,y, and a«Hnui<'d by Ojuuula, shall, until otliei'wise
l*arliam<'nt directs, he nuide in such Form and Manner
as may from Time to Time be order«Hl by the (jovernor
(ireneral in (Council.

124. The Customs and Excise Laws of each Province
shall continue in force until altered by Parliament : and
in any Case wher<' the Duties enacted to be collected on
any Goods, Wares, or Merchandise are the same, the Oov-
enior-dlenerai in Council may from Time to Time, by Pro-
clamation, declare that such tJoods, Wares and Morcliandiso
may he imported free into any Port in Canada i'rom Ontario,
(Quebec, Nova. Scotia,, or New Brunswick, on Proof of
Duty havinjj; been already paid thereon ; and where
larger Duties are lenable in any Province on any Coods,
Wares, or Merchandise, the Oovernor-General in Council
may from Time to Time, by J*roclaination, authorize tlie
Importation into (Canada of such Ooods, Wares, and Mer-
chauilise on Payment of the Ditference of Duty.

125. All Articles the Growth or I'roduce or Mann
facture of Ontario, (Quebec, Nova Scotia, or New Bruns-
wick, sliall be admitted free into all Ports in Canadju

120. No Lands or Property belonging to Canada or
anj Province shall be liable to Taxation.

127. Such Portions of the Duties and Revenues over
which the respective Legislatures of ('anada. Nova Scotia,
and New Brunswick, had before the Union Power of Ap-
propriation as are by this Act reserved to the respective
'iovernments or Legislatures of the Provinces, iind all
Duties and Revenues raised by them in accordance witli
the special Powers conferred upon them by this Act, shall
in each Pi-ovince form One Consolidated Revenue Fund
to be appropriated for the Public Service of the Province.

X. — MlHCELLANEOUt PROVISIONS.

General.

Oath of 128. Every Member of tlie Senate or House of Cocq-

Aiiegiai.ce ^q^j, ^jj^ij i,^.fore taking hi» Seat therein take and sub

scribe before the (Jovernor-General or some person au-

CiiiKulian
Manufau-
tures, itc.

Exeinptioii
(.f Public
Lands, &e.

Provincial
Consoli-
dated
Rt venue
Fund.

til otlun-wiao
and Mamu r
le Governor

adi Province
lianiont : and
i collected on
anie, tlie C.ov-
Time, I'Y Vro-
d Mercluindisc
, from ()v>tavio,
on Proof of
; and where
on any (ioods,
.ral in Conned
, aull)orize tlie
^ares, and Mer-
IHity.

iduee or Manu
or New Bruns-
in Oanadsu

IT to Canada or

Revenues over
la, Nova Sootia,
fi Power of Ap-
b the respective
Uinces, iuid all
Iccordauce with

y this Act, shall
Revenue Fund
lof the Province.

House of Com
Id take and sub

lon^e person au-

I'Oll UNION Ol' 15. X. A. COLONIES. 24.S

thorized by him, and every Member of a Lcjujislatlve
(/Oil I il or Iv<*p8lative Assembly under this A<t sh.iM be-
fore taking his Seat therein tiike and Hubscribe b<'for<' tin*
Lieuteni«ut-(}<»vernor of (lie Pi-ovincc or soiiu' Person au-
thorized by him, the Oath of Alle;;iiince and the Declara-
tion i^'wcu in the Schedule to this Act.

120. Except as otherwise pntvidcd by this Act, alK'ontiuu-
Laws in Force in Canada, Nova Rcotia, or Xew P)ninswick .^isiint,'
at the Union, and a'! Courts of Civil and Criminal 'luris-f '.'hurt's,
diction, and all I^'lmI ('ommissicms, Powers, and Authori- V"^''*^''*'
ties, and all Odicers, Judici il. Administrative, and Minis-
terial, existing: therein at the Cnion, sliall ee-itinue in
Ontario, Quebec, Nova Scoria, and New Prunswick i-e-
spedively, as if this Act liad not been passed ; subject
nevertheless excejtt with respect to such as are enacted
by or exist by Force of Acts of the Parliament (jf (Jreat
Britain or of the Parliament of the Ignited Kiufijdom of
(ireat Britain and Ireland,) to be repealed, aoolislied, or
altered by Act of the Parliament of Canada, or 1)y Act of
the JiCjijislature of the respective Province, acco.'din;.'- to
the Authority of that Parliament or Legislature under this
Act.

130. The Parliament and (Jovernment of Canada Tnaty
shall have all Powers necessarv or itroriei- fn- i)erformin<: '"'''*'''*•"
1he Oblijrat'ions of Canada ov of any Province thereof, as
Part of the British Empire, towards Forei}:n Countries,
arisimjc under Treaties between the Empii'e' and such
Foreij^n Countries.

LSI. Either the English or the French Language mayus< of
be used by r»nv Person in the Debates of the Houses of ,{';J|j^j!-'^^„pfj
the I'arliament :^f Canada and of tlie Houses of the Legis- Language*.
lature of Quebec, and both of thow Languages shall be
us<^d in tJie respective Records and Journals of those
Houses, and either of those Languag(^s may be used by
any Peraon or in any Pleading or Process in or issuing
from any Court of Canada established under this Act, an»l
in or from all or any of the Courts of Quebec.

I' H

244

FINAL DRAFT OF BILL.

The Acts of the Parliament of Oaiiada and of the
LegiHlatiire of Quebec shall be printed and published iu
separate Volumes in the Eujj^lish and Frciich Lan^uaj^es
respectively.

Ontario and Quebec.

Construe- 132. The Words " and from thence to the End of the

temporary " then next ensuing Session of the Legislature," or Words

Acts.

to the same Effect, used in any temporary Act of the Pro-

vince of Canada not expired before the

Union,

shall be

Errors in
Names.

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 oi' the same, as detined b}'' this Act, or
to the next Sessions of the Legislatures of Ontario and
Quebec respectively, if the subject Matter of the Act is
within the Powers of the same as defined by this Act.

133. From and after the Union the Use of the Words
" Upper Canada " instead of " Ontario." or " Lower Cana-
da " instead of " Quebec," in any Deed, Document, Writ,
Process, Pleading, Matter, or Thing whatsoever, shall not
invalidate the same.

134. 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 said Union, whether
rehilting to that Province, or to L^pper Canada, or to
Lower Canada, and the several Matters and Things there-
in proclaimed shall be, remain, and continue of full Force
and Effect from and after the Time mentioned in sucli
Proclamation.

Issue of 135. Anv Proclamation which is authorized by any

I rod n.in ti • *

tions after Act of the Legislature of the Province of Canada, to be issued
"""■ un(]er 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
Quebec, as the Subject Matter of such Proclamation vo
quires, under the Great Seal thereof, and from and aft<'r
the Issue of such Proclamation the same and the several

Proclama-
tions com-
mencing
after
Union.

FOR UNION OF B, N. A COLONIES.

245

Mattors and Things therein proclaimed shall be, remain,
and continue of Full Force and Eifect in Ontario or
Quebec.

innl

136. The Provincial Penitentiary of Canada shall, Peniten-

until Parliament otherwise provides, be and continue the
Penitentiary of and for Ontario and Quebec respectively.

tiary.

187. TiiG Division and Adjustment of the Debts, .^rijjtra-
Credits, Liabilities, Properties, and Assets of the I*i'0"specMn,,
vinces of Upper and Lower Canada shall be referred to Debts, &c.
the Arbitrament of Three Arbitrators, one to be chosen
by the Government of Ontario, the other by the Govern-
ment of Quebec, and the third by the Government of
Canada ; and the Selection of the Arbitrators shall not
take place until after the Parliament of Canada and the
Legislatures for Ontario and Quebec have met, and the
Third Arbitrator shall not be a resident in either Ontario
or Quebec.

138. The Governor-General in Council may from Division of
Time to Time order that such and so many of the Ro-^'^"'"^*'
cords, Books, and Documents as belong to the Pro\ince

of Canada shall be appropriated and delivered either to
Ontario or to Qiiebci', and the same shall thenceforth
become the Property of such Province ; and any '''opy
or Extract therefrom, duly certified by the Officer hu .ng
charge of the Original thereof, shall be adniitted as Evi-
dence in the Courts of either I'rovince.

139. The Lieutenant-Governor of Quebec may from Constitu-
Time to Time, by I'roclamation under the (ireat Seal <>f ^V^^.J^'Jj^.
the Province, to take effect fi'om a Day to be appointe<] '" Quebec.
therein, constitute Townships in those Parts of the Pro-
vince of Qiiebec in which Tmvnsliips are not then already
constituted, and fix the Metes and Bounds thereof.

140. All Laws, Statutes, and Ordinances of thecontinu-
foniKT j'lovinces of Tpper and Lower Canada, or of the p"^''^",^jj,jg^j
Province of Canada, in force at the T'nion in the Pro>in<e^"'^'*-

246 FINAL DRAFT OF BILL.

of (Canada in respect to Public Lands, oi* to Tiinl)er on
I'ubliv. Lauds, and the Sale and Management thereof re
spectively, and to Public Works, and to the Bureau, of
Agriculture and Agricultural Societies, shall, as far as
tliey are not repugnant to this Act, continue in force, and
apply to the Provinces of Ontario and Quebec respec-
tively, unless and until and as far only as such Laws,
Statutes, and Ordinances are varied, alt<'red, amended, or
repealed by the Legislature of the Province.

XL — InTEUCOLON I AL R AILVVA V.

Duty cf
Governor
of (Janada
to make
Railway.

141. Inasmuch as the I'rovinces of Canada, Nova
Scotia, and New Brunswick have joined in a Declaration
to the Effect that the Consti'uction of the Intercolonial
Railway being essential to the Consolidation of the Union
of British North America, and to the Assent of the Mari-
time Provinces of Nova Scotia and New Brunswick there-
to, it was agreed by tliem that Provision should be made
for its immediate Construction by the Government of
(Janada ; Therefore, in order to give Effect to that Agi'ee-
ment, it is hereby enacted that it shall be the Duty of the
Government and Parliament of Canada to provide for the
Commencement, within Six Months after the First Meer-
ing of the Parliament, of a Railway from the River St.
Lawrence to the City of Halifax in Nova Scotia, and for
the Construction and Completion thereof without Inter-
mission and with all practicable Speed.

XII. — AdMIS.SKJX of OTHEIl CoLONIES.

Power to 112. It shall be lawful for the Queen, by and with (he

Newfound- Advice of Her Majesty's Most Honourable Privy ( 'ouncil,
land, &c. on Address from the Houses of the I'arliament of (/an-
ada, and from the Houses of the respective Legislaturt-s
of the Colonies or I'rovinces of Newfoundland, Prince
Edward Island, Rui)ert's Land, the North-western Ter-
ritory, and British Columbia, to admit those Colonies or
Provinces into the Union on the Terms and Conditions
in the Addresses expressed ; and the I'roNisions of any
Order in Council in that Behalf shall have effect as if they
had been enacted in this Act

J.^

FOR UNION OF B. N. A. COLONIES.

247

"iinhor on
hereof re-
liurwiu, of
as far as
force, and
ec respec-
u('h Laws,
uended, or

uida, Nova
Declaration
itercolonial
f tlie Union
[)f the Mari-
svvicic there-
Ul be made
ernnient of
that A{j:ree-
Diity of the
)\ide for the
First M eer-
ie River St.
)tia, and for
thout Inter-

[ES.

md with the
-ivy ( 'onncil.
iient of ^'an-
Le<iislaturrs
land, Printe
Ivewtern Ter-

(.'olonies or
Conditions
Isions of any

Ht as if tliey

143. In cas«' of the Admission of Xewfoundhmd and
Prince Edward Ishuid, or either of thtmi, each shall be
entitled to a Representation in the Senate of Canada of
Fonr Members ; bnt after the Admission of I'rince Ed-
ward Island into the I'nion, the Representation of Xova
Scotia and New Brnnswick in the Senate of Canada shall,
as Vacancies occnr, be reduced from Twelve to Ten Mem-
bers respectively, and tlw^ Representation of tliose Pi'o
vinces shall not be increased at any Time beyond Ten,
except under the Provisions of this Act for the Appoint-
ment of additional Senators under the Authority of a
Warrant of the Queen under Her Royal Si;4n Manual.

SCHEDULES.

Same as in Act.

Rp|>re.sen-
tatioij of
New-
found land
and Prince
Edward
Island in
Senate.

.'4

ANNO TRICESIMO

VICTORlJi: REGIN.E.

I' V

■.i .

tl ;

CAT. III.

An Act for the Union of Camda, Nova Scotia, and New
Brunswick, and tl:e Government thereof ; and for
I*iirposes connected therewith.

[29th March, 1867.]

WHEREAS the Provinces of Canada, Nova bcotia,
and New Brunswick have expressed their Desire
to be federally united into One Dominion under the
(^rown of the Ignited Kingdom of Great Britain and Ire-
land, with a Constitution similar in IViuciple to that
of the United Kingdom :

And whereas such a Union would conduce to the
Welfare of the Provinces and I'romote the Interests of
the British Empire : ,

And wliereas on the Establishment of the Union bv
Authority of Parliament it is expedient, not only that the
Constitution of the Legislative Autliority in the Domin-
ion be provided for, but also that the Nature of the Ext'-
eutive Government therein be declared :

And whereas it is expedient that Provision be made
for the eventual Admission into the Union of other Parts
of British North Amenca :

Be it therefore enacted and declared by the Queen's
most Excellent Majesty, by and with the Advice and Con-
sent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Author
ity of the same, as follows :

THE BRITISH NORTH AMERICA ACT, 1867.

249

I. — Preliminary.

1. This Act may bo dtod as the British North Am- S'.wrt
erica Act, 1867. '^'^'*'-

2. The Provisions of this Act referring' to Her Ma- Applica-
jesty the Queen extend also to the Heirs and Successors prm'iHionH
of Her Majesty, Kinj(s Mud Queens of tlie United Kinj;- [,fti"'"*^
dom of Great Britain and Ireland. (iueen.

I[. — Union.

a, and New
of ; and for

•ch, 1867.]

^ova fecotia,
their Desire
under the
ain and Ire-
iple to that

duce to the
Interests of

le Union by

|>nly that the

the Domiu-

of tlie Exc-

lion be made
other Parts

I the Queen's
lice and Con-
Id Commons,
I the Author

3. It shall be lawful for the Queen, bv and with the Dpciara-
Advice of Her Majesty's Most Honourable Privy Council, uJTum.
to declare by Proclamation that, on and after a Day
therein appointed, not beinji^ more than Six Months aft<»r

the passinjj^ of this Act, the Provinces of Canada, Nova
Scotia, and New Brunswick shall form and be One Do-
minion under the Name of Canada ; and on and after that
Day those Three Provinces shall form and be One Do-
minion under that Name accordingly.

4. The subsequent Provisions of this Act shall, un- Coiistnic-

^ ' tion of Hub-

less it is otherwise expressed or implied, comnience and Htquent
liave effect on and after the Union, that is to say, on and orAct!°"*
after the Day appointed for the Union taking effect in
the Queen's Proclamation ; and in the same Provisions
unless it is otherwise expressed or implied, tlie Name
Canada shall be taken to mean Canada as constituted un-
der this Act.

5. Canada shall be divided into Four Provinces. F<>nr Pro-

VI nets

named Ontario, Quebec, Nova Scotia, and New Bruns-
wick.

6. The Parts of the Province of ("anada (as it exists Provinces
at the passing of this Act) Avhich formerly constituted '^[.J/'Que"'*
respectively the I'rovinces of Upper Canada and Lower '>*'«•
Canada, shall be deemed to be severed, and shall form

Two Separate Provinces. The Part which formerly consti-
tuted the Province of Upper Canada shall constitute tlie
Province of Ontario ; and the Part which formerly con-
stituted the Province of Lower Canada shall constitute
the Province of Quebec.

W !!

1 i

250

THE BRITISH NORTH AMERICA ACT, 1807.

7. The Provinces of Nova Scotia and New Uninf^wick

Provinces

of Nova , ,, , , T . .

Scotia and shall have the same Limits as at the i)assin}; of this
N«w
Bruns-
wick.

Decennial

Cenfjus.

Aet.

Declara-
tion of Ex-
t'cutivo
I'ow«T in
the Queen.

A[(i)Iiea-
tion of Pro-
visions re-
ferring to
Governor-
(icneral.

Constitu-
tion of
Privy
Council for
Canada.

All Powers
under Acts
to be exer-
cised by
Governor-
General
with ad-
vice of
Privy
Council or
alone.

8. In the jjeneral Census of the Population of ('anada
which is hereby recjuired to l)e\ taken in tlu* Year One
thousand eijjlit himdred and seventy-one and in ovei-y
Tenth Year thereafter, the respective Populations of the
Four Provinces shall be distin^^ruished.

III. — ExKCUriVK POWKR.

9. The Executive Government and Authoritv of and
over Canada is hereby declared to continue and be vested
in the Queen.

10. The Provisions of this Act referiinj; to the (iov-
ernor-General extend and apply to the (rovernor-(}«Mieral
for the Time being of Canada, or other the < Uiief Exeini-
tive Officer or Administrator for the Time bein}^ carryinj;
on the Government of Canada on behalf Jind in the Name
of the Queen, by whatever Title he is desipiated.

11. There sliall be a Council to aid and advise in the
Government of ('anada, to be styled the Queen's Privy
Council for Canada ; and the Persons wlio are to be Mem-
bers of that Council shall be from Time to Time chosen
and summoned by the Governor-(}eneral 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 IVirliament of the United Kin<>dom of (Jreat Britain
and Ireland, or of the Legislature of Upper C'anada,
Lower Canada, Canada, Nova Scotia, or New Brunswick,
are at the Union vested in or exeiciseable by the respec-
tive Governors or Lieutenant-Governors of those Pro-
vinces, with the Advice, or with the Adnce and Consent,
of the respective Executive Councils thereof, or in cou
junction with those Councils, or with any Number of
Members thereof, or by those Go^prnors or Lieutenant
Governors individually, shall, as far as the same con-
tinue in existence and capable of beinj? exercised after
th& Union in relation to the Government of Canada, be

THE Hl'vITlSH NORTH AMERICA ACT, 1807.

251

vested in and exerciseabh^ by the (lovernor-denenil. with
the Advice or with the Advice and ('onsent of or in con-
junction with tlie (Queen's Privy Council for (Jana<ia, or
any AfeniberH tliereof, or by the (lovernor-deneral indivi-
dually, as the Case reijuires, subject nevertheless (except
with respi'ct to such as exist under Acts of the I'arlia-
meut of (Jreat liiitain or of the Parliament of the United
Kingdom of (Jreat IJritain and Ireland) to be abolished
or altered by the Parliament of Canada.

13. The Provisi(ms of this Act reft-rrinL' to tlu' C«)v- ^'''''''^iV,,.
ernor-(ienei'al in Council shall be construed as referrinjj; visions re-
to the ffovernor-Ceneral acting' by and with the Advice (iov.rnor-
of the Queen's Privy Council for Canada. inCnmLil.

14. It shall be lawful for the (^leen, if Her Ma jest v f"^^*:''''.'
thinks fit, to authorize the (Jovernor-Cieneral from Time »sty t<ia\i-
to Time to appoint any I'erson or any J'ersons jointly or o'.'.v.'r'nor-
severallv to be his Dejjutv or Deiuities within anv Part or <'''"**.'"•' ^'>
Parts of Canada, and in that ('apacity to exercise durinj^ Deputies.
the Pleasure of the (iovernor-(ieneral such of the Powers,
Authoi-ities, and Functions of the (rovernor-Ceneral as

the Ciovernor-Cicneral deems it necessary or expedient to
assign to him or them, subject to any Limitations or Di-
rections expressed or {jiven by the Queen ; but the A})-
pointment of such a Deputy or I)ei»uties shall not atlfect
the Exercise by the (Jovernor-Ceneral himself of any
Power, Authority, or Function.

15. The Command-in-Chief of the Land and Xaval <^;"l""="^;'

of Armed

Militia, and of all Xaval and Military Forces, of and in Fores to
C/anada, is herebv declared to coutiniu* and Ik; vested in i,.' vested *
the Queen. " -^;;

16. Until the Queen otherwise directs the Seat ofS^'i<^"f

(joverti-

Government of ('anada shall be Ctrawa. innntof

Canada.

IV. — Legislative Poweh.

17. There shall be One Parliament for Canada, con- fJ,'|"o£'pj^,..
sistinjf of the Queen, an Upper House styled the Senate, liament of
and the House of Commons.

252

THE BRITISH NORTH AMERICA ACT, 18C7.

Privilt'gt'H,
&c. , of
Houwes.

Hion of tlie
Parlia-
ment of
Canada.

Yearly
SeHsictn of
tht' Parlia-
ment of
Canada.

18. The I'ridlcges, Immunities, and Powei'B to bt* hf Id
enjo.ved, and exercised by tlie Senate and by tlie Houhc
of Commons and by tlie Menibeis thereof respectively
shall be such as are frimi Time to Time defined by Act of
the l»arliament of Canada, but so that the same shall
never exceed those at the passing of this Act held, en
joyed, and exercised by the Commons House of Parlia-
ment of the United Kingdom of Great Britaia and Ire-
land and by the Members thereof.

15). The Parliament of Canada shall be called to
gether not later than Six Months after the Union.

20. There shall be u Session of the Parliament of
Canada once at least in every Yeju", so 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.

Niimbfr of 21' '^^^^ Senate shall, subject to the Provisions of this
Senators. \f,^^ cousist of Sevcnty-two Members, who shall be styled
Senators.

Represen-
tation of
Provinces
in Senate.

22. In relation to the Constitution of the Senate,
Canada shall be deemed to con.sist of Three Divisions—

1. Ontario ;

2. Quebec ;

3. The Maritime Provinces, Nova Scotia and New
Brunswick ; which Three Divisions shall (subject to the
Provisions of this Act) be equally represented in the Sen-
ate as follows : Ontario by Twenty-four Senators ; Que-
bec by Twenty -four Senators ; and the Maritime Provin-
ces by Twenty-four Senators, Twelve thereof represent-
ing Nova Scotia, and Twelve thereof representing New
Brunswick.

In the case of Quebec each of the Twenty-four Sena-
tors representing that Province shall be appointed for
One of the Twenty-four Electoral Divisions of Lower Ca
nada sp>ecified in Schedule A. to Chapter One of the Con-
solidated Statutes of Canada.

TllK mUTISH XOIII'II AMKIIICA ACT, 18rt7.

253

TS to In* held
y the HoiiHc

respt'ctivt'ly
ed by Act of
i BOJut' shall
\.ct held, eu-
se of railia-
tiiift Jiud Ire-
be eaUed to-

Union.

»arlianu*nt of

that Twelve

Fist Sittin},' of

Sittin}-- in the

Qimlitii'ii-
tiiins iif
Heniitor.

visions of this
^hall be styled

the Senate,
te Divisions —

3tia and New
bjeet to the

ed in the Sen-
natoi's ; Que-
itime Provin-
'of represent-
senting New

ity-four Sena-
ippointed fov
1 of Lower Ga-
te of the Con-

2:?. The Qualitication of a S«'nator shall be as fol
lows : —

(1) TIo shall be of the full A^o of Thirty Years :

(2) He shall be either a Natiiral-born Subject of the

QiH'en, or a Subject of the Queen naturalized
by an Act of the Parliament of (Jreat Britain,
or of the Parliament of the United Kiuf^dom
of f Jreat JJritain and Ireland, or of (he Lej;is
lature of One of the Provinces of I'pper ( Ca-
nada, Lower Canada, Canada, Nova Scotia, or
New Brunswii'k, before the Union, or of the
Parliament of Canada after the Union :

(.'{) He sh«all be legally or equitably seised as of
Freehold for his own Use and Benetlt of
Lands or Tenements held in free and common

I Socage, or seised or possessed for his own Use

and Benefit of Lands or Tenements held in

• , Fraue-allen or in Roture. within the Province

for which he is appointed, of the value of Four
thousand Dollars, over and above all Kents,
Dues. Debts, Charges, Mortgages, and Incuni
brances due or payable out of or charged on
or affecting the same :

(4) His Real and Personal Property shall be to-

gether worth Four thousand Dollars over and
above his Debts and Liabilities :

(5) He shall be resident in the Province for which

he is appointed :

(0) In the Case of Quebec he shall have his Real Pro-
perty Qualification in the Electoral Division
for which he is appointed, or shall be resident
in that Division :

24. The Governor-General shall from Time to Time, Siii|imonH

,, ^ , -»-r IT, , , , , ,^. of Hciiator.

m the Queen s Name, by Instrument under the Great
8eal 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 Sen-
ate and a Senator.

m I

h i

■i I

254

SiiiiinionM

of Kil'Mt

I '.(illy of

Si'liatcji'M.

Addition
of HfiiiitorH
ill ftTtiiiii

Cil.st'8.

Ht'dnction
of iScnatt'
t > iiorniiil
nuiiilicr.

MaxiTumii
nuiiilicr of
Senators.

Tcimro of
place ill
Senate.

Kpsipna-
tion of
I'lace in
Heiiate.

l>iM(ualifi-
cation of
Senators.

THE IMUTISH NORTH AMKIICA ACT, 18(17.

25. Such JNtsohh Nlmll lu* first Hiniimoiu'd to the Sen
iite JiH the (iiiccn by Wiinant iindrr Her .Mji.j<'.^t.v'H Knyjil
^^it,n» .MjiiHiJil thinks lit to iipprove, and llicii* .\ann's sliail
lt<' inHcrtcd in the ijnrcn's I'l-ocJanuition of rnioii.

!'<;. If at an.v Time on (he Ki'connnonchition of the
(Jovcrnoi'-dcncial tlic Queen tliinlis lit to direct tliat
Three or Siv Men. hers he ad<U*d to tlie Senate, Die Oov
ernor-(ien«'ral nia.v li,v Summons to Three ov Six (lualilicd
Terscms (as tlie Case imiy he), reprcHentinj; eciuaily the
Tliree J >i visions of Canada, add to the Seuali; accord-
ingly.

27. hi case of such .Addition hein^j at any Time nnidc
the ( Jovernor-Cieneral sliall not summon any I'ei'son to
the Senate, except on a furtlier like Direction by tlic
Quet'n on tlie like Kecommendation, until each of the
Three Divisions of Canada is represented by Tweutyfoui-
Senators and no more.

I'S. The Number of Senators shall not at any Time
exceed Seveuty-ei^ht.

21). A Senator shall, subj«'ct to the I'rovisions of this
Act, hold Ills Place in the Senate for Life.

;{(). A Senator may by Writing under his Hand ad
dressed to the (Jovernor-General resign his Place in the
Senate, and thereupon the same shall be vacant.

.'{1. Tlie I'lace of a Senator sliall become vacant in
any of the following Cases : —

(1) If for Two consecutive Sessions of the Parlia-

ment he fails 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 tlm Rights or Privileges of a Sub-
ject or Citizen, of a Foreign I'ower :
t' (3) If he is adjudged Bankrupt or Insolvent, or ap-
plies for the BeneflL of any Law relating to
Insolvent Debtors, or becomes a public De
faulter :

TIIK imiTISH XOIITII AN.'KltKA ACT, 1807.

255

il to the Sen
jcsty'H Uoval
Namrs sliiill
rnitui.

latioii of lli<-
i» (livcct n»at
at<', the <iov
Six qiialilU'd
r eciually tli«'
.'uat«' aet'ord

ay Time made
ny rci'Hon to
I'ction by tilt'
1 (.jieli of tlif
y Twenty four

t at any Tiuit'
►visions of tln»

liis Hand ad
Is riace in tb*-
lacant.

ime vacant in

Jof the Parlia-
Indance in tlie

eclaration or
Obedience, or
)i' does an Act
or Citizen, or
leges of a Sub-
kver :

[solvent, or ap-

iw relating to

rt public De

(4l If lu' is attainted of Treason or (■•♦nvicted of
Ft'buiv or of anv infamous ('linie :

(T'l If ii<* ceases lo be (lualillcd in respect of IMo-
perly or of Krsideuce : i»rovid<'(I, that a. Sen-
al<»r sliall nol be deemed to have ceased to be
(lualitied in respect of Residence by reasmi
only of his residinj; at the Seat of the (Sovern-
inent of C'anada while holding an OlUce under
that (lovernment retjuirin;; his Presence there.

'V2. When a Vacancv happens in the Senate l»v Ke- Sinnmons

' (in \ iiciiii-

signation, Death, or otherwise, the (lovernor-ljeneral uy inHcn-
shall by Summons to a tit and qualified Person till Ihe'*^*''
N'acancv.

.'{;{. If anv Question arises respectinjjr the Qualitica- Q"'«ti"»«

. . ' ..■ .. , , , us to (./ll.'vl-

turn of a Senator or a \ .'icancy in the Senate the s.ime iiioitinnR
shall be heard and determined by the Senate. ^l^nJriu

.'54. The (lOveriHU'Cienei'al mav from Time to Time,' ' ."

' A|r,Miint-

by Instrument under the (Jreat Seal of (/anada, apjioint mtut of
a Senat(U' to be Speaker of the Senate, and may remove s|.','j'ato.' "
him and ayipoint another in his Stead.

35. Until the Parliament of Canada, otherwise pro- Quorum of
vldes, the J'reseuce of at least Fifteen Senators, includ- ^'^^"'*^""
infc the Speaker, shall be n<'cesssary to constitute a M( ct-
ing of the Senate for the Exercise of its Powers,

30. Questions arising in the Senate shall be decided yot'np >"
by a Majority of Voices, and the Speaker shall in iill "^
Oases have a Vote, and when the Voices are equal tiie
Decision shall be deemed to be in the Negative.

The Hoiisr. of Commons.

37. The House of Commons shall, subje(;t to the Pro- Constitu-
visioiis of this Act, consist of One hundred and eighty- H(",s"e of
one Members, of whom Eighty-two shall be elected for pon'"'o"»
Ontario, Sixty-five for Quebec, Nineteen for Nova Scotia,
and Fifteen for New lirnnswick.

38. The Governor-General shall from Time to Time,?"'""'^"-

' mg of

in the Queen's Name, by Instrument under the Great House of
Seal of Canada, summon and call together the House of °'"™^°*-
Commons.

m
II

256 THE BRITISH NORTH AMERICA ACT, 1867.

Senators 39. ,\ Senator shall not be capable of beinyr ( lorted

not to sit in , - . . ,r 1 KIT-.

House of or of sittm}'- o'" voting as a; Member of the House of
Commons. Commons.

Electoral 40. Until the Parliament of Canada otherwise pro-

the four vidos, Ontario, Quebec, Nova Scotia, and New I'i-uns-
Provmcea. ^.j^-i^ g^all, for the Purposes of the Election of M<'mbers
to serve in the House of Commons, be divided into Elec-
toral Districts as follows : —

l.—ONTAniO.

Ontario shall be di\ided into the Counties. Hidings
of Counties, Cities, Parts of Cities, and Towns enumerat-
ed in the First Schedule ro this Act, each whereof shall
be an Electoral District, each such District as numbered
in tliat Schedule being entitled to return One Member.

2.— QUEBEC.

Quebec shall be divided Into Sixty-five Electoral Dis-
tricts, composed of the Sixty-five Electoral Divisions into
which Lower Canada is at the passing of this Act divid-
ed under Chapter Two of the Consolidated Statutes of
Canada, Chapter Seventy-five of the Consolidated Sta-
tutes for Lower Canada, and the Act of the Province of
Canada of the Twenty-third, Year of the Queen, Chapter
One, or any other Act amending the same in force ai the
Union, so that each such Electoral Division t,hall b^ for
the Purposes of this Act an Electoral District entitled
to return One Member.

i^.—NOVA SCOTIA.

Each of the Eighteen Counties of Xova Scotia shall
be an Electoral District. The County of Halifax shall be
entitled to return Two Members, and each of the other
Counties One Member.

4— NEW BIiUNS]VICK.

Each of the Fourteen Counties into which New
Brunswick is diWded, including the City and County of
St. John, shall be an Electoral Disa-ict. The City of St.
John shall also be a separate Electoral District. Eack
of those Fifteen Electoral Districts shall be entitled to
return One Member.

THE BlUTLSH NORTH AMERICA ACT, 1867.

257

! House of

lei'wise pro-
N'ew l>vuus-
of Mciiibers
'd into Elec-

ties. Kidings
ri.s enumt'i'at-
vliereof shall
as uuinbi'i'i'd
le Member.

Electoral Dis-
Divisions into
^lis Act divid

Statutes of
olidated Sta-

Province of
leen, Chapter

force ai the

hhall b^ for
trict entitled

Scotia shall

lifax shall be

of the other

which New
Qd County of
lie City of St.
strict. Each
le entitled to

Jl. Cntil the Parliament of Canada otherwise i)io- C'-ntinu-

, .iiice (if ex-

videi-i. all Laws m force in the several Provinces at the istingKlec-
Uuion relative to the following Matters or any of them, |,',""ii i^^l'!
namelv, — the Qnjilifications and Disiiualilications of Per- li;""ent of
sons to be elected or to sit or vote as Members of theotherwise
House of Assembly or Legislative Assembly in the sevc ''""'^'^'*"
ral Provinces, the Voters at Elections of such Members,
the Oaths to be taken by Voters, the Returning Otticers,
their Powers and Duties, the Proceedings at Elections,
the I'eriods during which Elections nmy be continued,
the Trial of controverted Electtions, and Proceedings inci-
dent thereto, the A'acating of Seats of Members, and the
Execution of new Writs in case of Seats vacated other-
wise than by Dissolution, — shall respectively api 1y to
Elections of Members to serx'e in the House of Commons
for the same several Provinces.

Provided that, until the Parliament of Canada other-
wise provides, at any Election for a Membe'* of the House
of Commons for the Distri<'t of Algonia, in addition to
Persons qualified by the Law of the Province of Canada
to vote, every male British Subject, aged Twenty-one
Years or Upwards, being a Householder, shall have a
Vote.

42. For the First Election of Members to serve in J^^J^ k^'J.
the House of Commons the Goveraor-deneral shall cause tion.
Writs to be issued by such Person, in such Form, and
addressed to such Returning Otticers as he thinks tit.

The person issuing Writs under this Section shall
have the like Powers as are possessed at the I'nion by
ihe Otticers charged with the issuing of Writs for the
Election of Members to serve in the respective House of
Assembly or Legislative Assend)ly of the Proviu'-e of Ca
nada, Xova Scotia, or New Brunswick ; and the Return-
ing Otticers to whom Writs are directed under this Sec-
tion shall have the like Powers as are possessed at tlie
Union by the Otticers charged with the returning of Writs
for the Election of Members to serve in the same respec-
tive Honse of Assembly or Legislative Assembly.

43. In case a Vacancy in the Rejtresentation In tlu'AstnCas-
House of Commons of any Electoral District happens be- ][^^^ ^''''"'

POPli CON. — 17

/'\^\i

258

As to I"]lec-
tion (if
Sjjeaker of
House of
Commons.

As to m-

iii(? up Va-
cancy ill
Office of
Speaker.

Speaker to
preside.

Provision
in case of
absence of
Speaker.

C^uoruin of
House of
Commons.

Voting in
House of
Comiv:ons.

Duration
of House of
Commons.

Decennial
Re-adjust-
ment of
Represen-
tation.

THE BRITISH MORTH AMERICA A^<.T, 1867.

fore the Meeting of the Pailianient, or after the Mee"^ g
of the Parliiwrnent before Provision is made by the Par-
liani'^nt in thi* Jielialf, the Provi.^ions of the hi(*t fore<,'o-
inj:: ^?ecti<»n of this Act sliall extend and apply r»» the is-
suing and returning of a Writ in respect of such vacant
District.

44. The House of Commons on its first assembling
after a General Election shall proceed with all practic-
able Speed to elect One of its Members to be Speaker.

45. In case of a Vacancy happeninj^ in the Office of
Sjx'aker by D^'atli. Resignation, or otherwise, the House
of Commons shall with all practicable ,»eed i)roceed to
elect another of its ^lembers to be Speaker.

46. The Speaker shall preside at all Meetings of the
House of Commons.

47. Until the I'arliament of Canada otherwise pro-
vides, in case of the Absence for any li^«son of the Spea-
k(M' from the Chair of the House of Commons for a Period
of Forty-eight consecutive Hours, rhe HouAe may elect
another of its Members to act as Speaker, and the Mem-
ber so elected shall during the continuance of such Ab-
sence of the Speaker have and execute all the Powers,
I'rivileges, and Duties of Speaker.

48. The Presence of at least Twenty Members of the
House of Commons shall be necessary to constitute u
^Meeting of the House for the Exercise of its Powers ;
and for that Purpose the Speaker shall be reckoned as a
Member.

49. Questions arising in the House of Commons shall
be decided by a Majority of ^"oices other than that of the
Speaker, and when the Voices are equal, but not other-
wise, the Speaker shall have a Vote.

50. Every House of Commons shall continue for Five
Years from the Day of the Return of the Writs for choos-
ing the House (subject to be sooner dissolved by the Gov-
ernor-General), and no longer.

51. On the Completion of the Census in the Year
One thousand eight hundred and seventy-one, and of each
subsequent decennial Census, the Representation of the

ri!

THE 15RITI.SH XOllTH AMEUICA ACT, 1S(J7.

259

,y the Vnv-
i\0f t'orejio-
V the is-
iK'h vacant

assomblin^'
all practic-
•;j)eakor.

he Oftioe of
, the House
I proceed to

'tiugs of the

lerwise pro-
of the Spea-
foi' a Teriod
ie may elect
pd the Mem-
of such Ab-
Ihe Powers,

lubevs of the
onstitute a

its Powers ;
ekoned as a

mmous shall
n that of the
it uot other-

uue for Five
ts for chcos-
by the Gov-

lin the Year
and of each

at ion

of the

Four Provinces shall be re-adjusted by sueli Authcu'ity,
in such Planner, and from such Tinu», as the l';'aliament
of Canada from Time to Time i)rovides, subject and ac-
cording ro the following Rules : —

(1) Quebec shall have the fixed Number of Sixty-five

Members :

(2) There shall be assigned to each of the other Pro-

vinces such a Number of Members as will bear
the same I/rojiortion to the Number of its
l*oi)ulation (ascertained at such Census) as the
Number Sixty-five bears to the Number of the
Pojjulation of Quebec (so ascer Mined) :

(3) In the Computation of the Number of Members

for a Province a fractional Part not exceeding
One Half of the whole Number requisite for
entitling the Province to a ^Member shall ho
disregfi ; '! <1 ; but a fractional I'art exceeding
One I'.df < ? that Number shall be equivalent
toi the whole ^'umber :

(4) On any such Ke-adjustment the Nunibei' of Mem-

bers for 41 1'roviuoc shall not be reduced unless
the Proportion which the Number of the Po])u-
lation of the Province bore to the Number of
the aggregate INipulalion of Canada at the
then last preceding Readjustment of the Num-
ber of Members for the I'rovince is ascertain-
ed at the then latest Census to be diminished
by Oue Twentieth Part or upwards :

(5) Such Re-adjustment shall not take effect until the

Termination of the then existing Parliament.

52. The Number of Members of th(^ Tlouse of Com- Increase of
mons may be from Time to Time increased by the Parlia- Hl"l!;*e of'^
raent of Canada, provided the projjortionate Representa- ^'""'""*"'^»
tion of the Provinces prescribed by this Act is not there-
by disturbed.

Money Votes; Royal Af^sent.

53. Bills for appropriating any Part of the Public Appropri-

r> , t ' • rrt « ,,,,,. lit. UD 11)1(1

Revenue, or for imposing any Tax or Impost, shall ongi- tax Bills.
uate in the House of Commons.

260 THE HIUTISH NORTH AMERICA ACT, 1807.

Recom- 54. It shall not be lawful for tlie House of Coiinnons

of money to udopt or pass any Vote, Resolution, Address, or Hill
votes. j^p ^jj^. Appropriation of any Part of the Public Revenue,
or of any Tax or Impost, to any Purpose that has not been
first recommended to that House by Message of the (lov-
ernor-General in the Session in which such Vote, Resolu
tion, Address, or Bill is proposed.

Royal As- T);"). Where a Bill passed by the Houses of the Parlia-

Biiis, &c. ment is presented to the Governor-General for the Queen's
Assent, he shall declare, accordinj^ to his Discretion, but
subject to the Provisions of this Act and to Her Majesty's
Instructions, either that he assents thereto in the Queen's
Name, or that he withholds the Queen's Assent,
or that he reserves the Bill for the Siffniflcation of
the Queen's Pleasure.

Disallow-
ance by
order in
Council of
Act assent-
ed to by
(Tovernor-
Oeneral.

50. Where the Governor-General assents to a Bill in
the Queen's Xame, he shall by the first convenient Oppor-
tunity send an authentic (--opy of the Act to One of Her
Majesty's Principal Secretaries of State, and if the Queen
in Council within Two Years after Receipt thereof by the
Secretary of State thinks fit to disallow the Act, such Dis-
allowance (with a certificate of the Secretary of State of
the Day on which the Act was received by him) being sig-
nified by the Governor-General, by Speech or Message to
each of the Houses of the Parliament or by Proclamation,
shall annul the Act from and after the Day of such Signi-
fication.

57.

Si(?nifica- ^>'- A Bill reserved for the Signification of the

n?,l?5. Queen's Pleasure shall not have anv Force unless and un-
nleasureon til witliiu Two Years from the Dav on which it was pre-

Bill re- '

served. seuted to the Governor-General for the Queen's Assent,
the Governor-General signifies, by Speech or Message to
each of the Houses of the Parliament or by Proclamation,
that it has received the Assent of the Queen in Council.

An entry of every such Speech, Message, or Procla-
mation shall be made in the Journal of each House, and
a Duplicate thereof duly attested shall be delivered to the
proper Officer to be kept among the Records of Canada.

THE BRITISH NORTH AMERICA ACT, 1867. 261

V. — Provincial Constitutions.
Executive Power.

58. For each Province there shall be an Officer, styled Appoint-
the Lieutenant-Governor, api>ointed by the Oovernor-rien-Lfraten-
eral in Council bv Instrument under the Great Seal of '■^"*''"^^*

"• nors or

Canada. Provinces.

59. A Lieutenant-Governor shall hold Office durin*; Tenure of
the Pleasure of the Governor-General ; but any Lieuten- L*j;ften-
ant-Governor appointed after the Commencement of the ant-Gover-

• nor.

First Session of the Parliament of Canada shall not be
removable within Five Years from his Appointment, ex-
cept for Cause assigned, which shall be communicated to
him in Writinfj^ within One Month after the Order for his
removal is made, and shall be communicated by Message
to the Senate and to the House of Commons within One
Week thereafter if the I'arliament is then sittin^^ and if
not then within One Week after the Commencemeut of
the next Session of the Parliament.

f)0. The Salaries of the Lieutenant-Governors shall
be fixed and provided by the Parliament of Canada.

61. Every Lieutenant-Governor shall, before assum-
iuii; the Duties of his Office, make and subscribe before
the Governor-General or some Person authorized by him.
Oaths of Allegiance and Office similar to those taken by
the (Jovernor-General.

02. The Provisions of this Ai't referring to the Lieu-
tenant-CxOvernor extend and apply to the Lieutenant-Gov-
ernor for the Time being of each Province or other t)u^
Cliief Executive Officer or Administrator for the Time
being carrying on the Government of the Province, by
whatever Title he is desigTiated.

0;{. The Executive Council of Ontario and of Quebec
shall be composed of such l*ersons as the Lieutenant-
Governor from Time to Time thinks iit, and in the first
instance of the following Ofiicers, namely, — the Attorney-
General, the Secretary and Kegistrar of the Province, the
Tre;!surer of the Province, the Commissioner of Crown
Lands, and the Commissioner of Agriculture and Public

Salaries of
Lieut n-
ant-Gover-
nors.

Oaths, &c.,
of Lieuten-
ant-CJover-
nor.

Applica-
tion of pro-
visions re-
ferring to
Lieuten-
ant-Gover-
nor.

Ai)i)oint-
nient of
Executive
Officers tor
Ontario
and Que-
bec.

rTTi

■ ft-

:!|i

If!

2G2

Kxceutivi-
Goverii-
iiieiit of
Nova Sco-
tia and
New
r>nins-
wick.

I'owtTS to
he I'Xfi'ci.-i-
ed by Lieu-
tenant-
Governor
()f Ontario
or Quebec
with ad-
vice or
alone.

Aiiplica-
tionof !)ro-
vifions re-
ferrinsj; to
Lieuteii-
ant-(Tover-
nor iu
Council.

Adminis-
tration in
ttb.scnce,
&c., of
Lieuten-
ant-Crover-
nor.

THE BlUTLSH NOllTH AMERICA ACT, 1807.

Works, witli, in Quebec, the Speaker of the Lej^ifilative
Coiincil and the Solicitoi'-Geneial.

i'A. Tlie ConHtitution of the Exeentive Authority in
eaeli of the Provinces of Nova Scotia and New lirunswick
shall, subject to tlie Provisions of tliis Act, conliaue as it
exists at the Union until altered under the Authority of
this Act.

05. All Powers, Authorities, and Functions which
under anv Act of the I'arliament of (Jreat Britain, or of
the Parliament of the Ignited Kinj^dom of ( Jreat lUitain
and Ireland, or of the Legislature of Upper Canada, Low-
er Canada, or Canada, were or are before or at the Union
vested in or exerciseable by the respective Governors or
Lieutenant-Governors of those I'rovinces, with the Ad-
vice, or with the Advice and Consent, of the respectivt^
Executive Councils thereof, or in conjunction w ith those
Councils, or with any Xunibi'i- of Mi'uibers thereof, or by
those Governors or Lieutenant-Governm » individually,
shall, as far as the same are capable of beinj.'- exercised
after the L'Uion in relation to the Government of Ontiirio
and Quebec respectively, be vested in and shall «ir may
be exercised by the Lieutenant-Governor of Ontario and
Quebec respectively, with the Advice, or with the Advice
and Consent of or in conjunction with the respective Exe-
cutive Councils, or any ^rembers thereof, or by the Lieu-
tenant-Govtn'nor individually, as the Case requires, sub-
ject nevertheless (except with respect to such as exist un-
der Acts of the Parliament of (Jreat Britain, or of the
I'ai'lianu'ut of the United Kinjidom of Great Britain and
Ireland), to be abolished or alttned by the respective Ley;-
islatures of Ontaino and Quebec.

(50. The l*rovisions of this Act i-eferriu''- to the Lieu-
tenant-Governor in Council sliall be construed as refer-
rinji" to the Lieutenant-GovcMiior of the Province acting;
by and with the Advice of the Executive Council thereof.

07. The (Jovernor-General in Council may from Time
to Time appoint an Administrator to execute the Olirtce
and Functions of Lieutenant-(iovernor duiinu his Ab
sence, Illness, or other Inability.

THE niUriSH XOIITH AMERICA ACT, ISG7.

203

08. Unless and until the Executive (Joverinuent of ^."•'^t-'. "f.

I roviiicial

any J'rovinee otherwise direets with I'esjject 1o that Pro- Guvern-
vince, the seats of (lovernnient of the Provinces shall be "'®"'^''-
as folloAvs, namely, — of Ontario, the ('ity of Toronto ; of
Quebec, the City of Quebec ; of Nova Scotia, the (,'ity of
Halifax ; and of New Bi-unswick, the City of Frederic-
ton.

Letjislative Power.

l.—OSTARIO.

69. There shall be a Lejjjislaliire for Ontario consist- Lc^i^ia-
ing of the Lieutenant-CJovernor and of One House, styled o,jt./j!i^'i
the Lepslative Assi'Uihly of Ontario.

70. The Lejiislative Assembly of Ontai-io shall be Ki,.,.t<,nil
composed of Ei}»hty-two Member.s, to l»e elected to repre- '•"^f'^t^'*-
sent the Eij^hty-two P^lectoral Districts set forth in the

First Schedule to this Act.

2.—Q(:i-:ilKC.

71, There shall be a Lejfislatui-e for Q;iebec conslst-
inf? of the Lieutenanr-Coveinoi' and of T.vo Houses,
styled the Leiiislative Council of (Quebec and the Lrjiisla-
tive As.sembly of Quebec.

72. The Legislative Council of (Quebec shall be com-
posed of Twenty-four Members, to be appointed by the
Lieutenant-Crovernor in tlie (Queen's Name, by Instru-
ment undei' the Creat Seal of (Quebec, one beinji,- ap
pointed to represent each of the Twenty-f(vur Electoral
Divisions of Lower Canada in this Act referred to, and
ejich holdiufi' Ot}ic(» for the Term of his Life, unless ih*-
Lej^islature of Quebec otlierwise provides under lUe Pro-
visions of this Act.

7.'^. The Qualirtcations of the Lejiislative Conn 'illors
of Quebec shall be the same as those of the Scnaiofs (m'
Quebec.

74. The Place of a Legislative (Jouucillor of Quebec
shall Ijecome vacant in the Cases, viufafis ViUfandi^, iu
which the Place of Senator become,s vacant.

Li'grisl.'i-
tui-f fur

Cim-titu-
ti.;llof

ti.M Coun-
cil.

(>sialific»-

tioj! of
Leg [Na-
tive Coim-
cillori*.

Rcsiprna-
tion. Dis-
qualifica-
tion, &c.

204

Vacancies.

Questions
as to Va-
cancies,
&c.

Bptaker of
Legisla-
tive Coun-
cil.

Quorum of
Legisla-
tive Coun-
cil.

Votini? in
Le^risla-
tive Coun-
cil.

Constitu-
tion of Leg-
islative As
sembly of
Quebec.

THE BRITISH NORTH AMERICA ACT, 1867.

75. When a Vacancy happens in the Lejiishitivc
Council of Quebec by Kesif^nation, Death, or otherwise,
the Lieutenant-Governor, in the Queen's Name, by In-
strument under the Great Seal of Quebec, shall appoint
a fit and qualified Person to till the Vacancy.

7G. If any Question arises respecting the Qualitica-
tion 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-(fOvernor 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 ai)point
another in his Stead.

78. Until the Legislature of Quebec otherwise pro-
vides, the Presence of at least Ten Members of the Legis-
lative Council, including tJie Speaker, shall be neces-
sary to constitute a Meeting for the Exercise of its Pow-
ers.

70. Questions arising in the Legislative Council of
Quebec shall be 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. Tlie Legislative Assembly of Quebec shall be
composed of Sixty-five Members, to be elected to repre-
sent the Sixty-five Electoral Divisions or Districts of
Lower Canada in this Act referred to, subject to Altera-
tion thereof by the Legislature of Quebec: I'rovided
that it shall not be lawful to present to the Lieutenant-
Gov»4'nor of Quebec for Assent any Rill for altering the
Limits of any of the Electoral Divisions, or Districts
mentiimed in the Second Schedule to this Act, unless the
Second and Third Readings of such Bill have been passed
in the Legislative As'*embly with the Ooncurrencv of the
Majority of the Members representing all those Electoi'al
Divisions or Districts, and the Assent shall not be given
to sncli Hill unless an Address has been presented by t1u>
Legislative Assembly to the Lieutenant-Governor stating
that it has been so passed.

THE liUITISH NORTH AMEIUCA ACT, 1807.

265

:].—OSTAniO ASD QUEBEC.

81. The Lo;;islatnr<'s of Ontario and Qni'boo rcsiu'c- First Ses-
sioiuifLeR-

islatures.

tively shall be called together not later than Six Months
after the Union.

S2. The LienteTiant-<Jovernor of Ontario and of Que-
bec shall from Time to Time, in the Queen's Name, by In-
strument under the (treat Seal of the Province, summon
and call toj^ether the Lej^islative Assembly of the Pro-
vince.

X'.i. I'ntil tlie Legislature of Ontario or of Quebec
otherwise provides, a Person accepting or holding in On-
tario or in Quebec any OflHce, Commission, or Emi»loy-
ment i)ermanent 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 ^lember of the Legislative Assembly
of the respective Province, nor shall he sit or vote as
such ; but nothing in this Section shall make ineligible
any Person being a Member of the Executive Council of
the resi)ective Province, or holding any of the following
OflSces, that is to say, the Ottices of Attorney-General,
Secretary and Rejpstrar of the I'rovince, Treasurer of the
Province, Oommissioner of Crown Lands, and Commis-
sioner of Agriculture and IMiblic Works, and in Quebec
Solicitor-General, or shall disqualify 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 re-
sjiectively otherwise provide, all Laws which at the
L^nion are in force in those Provinces resi^ectively, rela-
tive to the following Matters, or any of them, namely, —
the Qualifications and Discpialifications of Persons to be
elected or to sit or vote as ^lembersi of the Assembly of
Canada, the Qualifications or Disqualifications of Voters,
the Oaths to be taken by Voters, the Returning Officers,
their l*owers and Duties, the Proceedings at P^lections,
the Periods during which such Elections may be con-
tinued, and the Trial of controverted Elections and the
Proceedings incident thereto, the vacating of the Seats of

.Summon-
ing of
Legislative
Assemblies

Restric-
tion on
election of
holders of
ottices.

Continu-
iince of ex-
isting elec-
tion Laws.

fl !

266

J 2

wii'

Duration
of Lf'gisl:i
tive As-
semblies,

Yearly
Sfssioii c,f
Legisla-
ture.

Speaker,
Quorum,

Constitu-
tions of
Legisla-
tures of
Nova Sco-
tia and
New
IJruns -
wic k.

THE HIUTISH XOHTH AMERICA ACT, ISO?.

Mt'inlMTH juitl the issuiii},' and Execution of new Wills in
case of Seats vacated otliorwise tlian l».v Dissolntion. shall
i-esi)ectively apply to Elections (►f -M<'nilK'rs to serve iti
the i'es[»ective Legislative Assemblies of Ontario and (^ne-
bec.

Provided that nntil the Lej^islatnre of Ontario othi'r-
wise provides, at any Election for a Member of the Lej^is-
lative Assembly of Ontario for the District of Alj^oma, in
addition to Persons qnalified by tin* Law of the J'rovlncc
of Canada to vote, every male P.ritish Subject, a^icd
Twenty-one Years oi' Upwards, beinj^ a liouseholdi'i-,
shall have a Vote.

Sn, Every Lejjislative Assembly of Ontario and ever\
Lej;islative Assembly of Quebec shall continue for Four
Years from the Day of the Return of the Writs for choos
inu the same (subject nevertheless to either the Lej^isla-
t1v(» Assembly of Ontai'io or the Lej^islative Assembly of
(Quebec beiu}*- sooner dissolved by the LieutenantCIover-
nor of the Province), and no lonjier.

.S(). There shall be a Session of the Leji,islature of
Ontario and of that of Quebec once at least in every, Year,
so that Twelve Months shall not intervwie between the
last Sittinfi" of the Lejjislature in each I'rovince in one
Session and its lirst Sittinjj: in the next Session.

87. The followinjj; Provisions of this Act respectinji'
the House of Commons of Canada shall extend and apply
to tlie Le<^islaitive Assemblies of Ontario and Quebec,
that is to say, — the Provisions relating to the Election of
a Six^aker oiiginally and on Vacancievs, the Duties of the
Si)eaker, the Absence of the Speaker, the Quorum, and
the Mode of voting, as if those I'rovisions were here re-
enacted and made applicable in Terms to each such Legis-
tive Assembly.

4.— A'OI'.-l SCOTIA AND NEW BRUNSWICK.

88. The Constitution of the Legislature of each of the
Provinces of Xova Scotia and New J>runswick shall, sub-
ject to the Provisions of this Act, continue as it exists
at the Union until altered under the Authority of this
Act ; and the House of Assembly of New lirunswick ex-
isting at the passing of this Act shall, unless sooner dis-
solved, continue for the Period for which it was elected.

THE niUTISH NOinil AMKHI'-A act, 18G7.

2G7

V ^V^il>^ in
ition, shall

(> S.M'Vt' ill

() aiuKiu"'

taiio otluT-
p the Lcjjis-
Al};oiiia. ill
u» ri'oviiu'c
ibjt'ct, aj;v<l
Louseholtl'')',

[() and cvcrv
lie for Four
t» for choos
the Lcji-islii
Assembly of
niautOoviM-

•uislatnro of

[i cvtM'.v, Yoar.

tclwcon the

ill CO ill one

on.

rospectinjr
d and apjtly
ind QuoIh'C,
Election of
)ntiea of the
^nornni, and
ere hero re-
1 such Lejiis-

CK.

i each of the
•k shall, suh-
as it exists
lority of this
Irunswick ex-
Is sooner dis-
las elected.

5.-o.V7•.^A•/o, i,>VEr,}:c asd sova svotia.

S!). Each of the Lieutenant-! Jovernoi-s of Ontario. I'list, Kieo-
Quebec, and "Xova Scotia shall vnnse "Writs to be issued '^"""*'
for tlie First Election of MeinlxM-s of the Le^iislative As-
sembly thereof, in such Form and by such I'ei'son as h«'
thinks tit, and at such Time an<l addressed to such lie-
tiirninjif' Otiicer as the (Jovernor-tleneral directs, and so
that the First Election of Meinbei* of Assembly for any
Electoral District or any Subdivision theicof shall be held
at the same Time and at the same lMa<'es as the Election
for a MtMiiber to serve in the House of (k)mmons of Ca-
nada for that Electoral District.

i\.-TiiE I'oi n i'h'()n::('i:s.

!)0. The followin.u Provisions of this Act respecting
the I'arliament of (!,'ana«la, mimely, — th(> Provisions re-
latinj;' to Appropriation and Tax Hills, the Kecommenda-
tioii of .Nroney Votes, the Assent of IJills, tlie Disallow-
ance of Acts and the Sij^nitication of Pleasure on ]>ills
reserved, — shall extend and apply to the L(\i:islatnres of
the several Provinces as if those Provisions W(M'e here re-
enacted and jnade a])[dicable in Tei-nis to the resjiective
Pro^^nces and the Lej;islatures thereof, with the Substi-
tution of the Lieuteiiant-( lovernor of the Province for the
(lovernor-tieneral, of the (Jovernor-tJeneral for the Queen
and for a Secretary of State, of One Year for Two Years,
and of the Province for Canada.

YI. — Distribution of LEOisiiATivE Powkrs.

Poircrs of f/w Perl lam en f.

01. It shall be lawful for the Queen, by and with tlie
Advice and Consent of the Senate and House of Com-
mons, to make Laws for the Peace, Order, and .uood (lov-
ornment of Canada, in relation to all Matters not comini;'
within the Classes of Subjects by this Act assij^ned ex-
clusively to the Legislatures of the I'rovinces ; and fo-
greater Certainty, but not so as to restrict the Generality
of the foregoing Terms of this Section, it is hereby de-
clared that (notwithstanding anything in tliis Act) the
exclusive Leuislative Authoritv of the Parliament of Ca-

Aplilioa-

til 111 to

tiirts <if
))i'(ivisiimn
ropt-c'tiiiff
nicii'-y
Vdtes, &c.

L(gl:slil-

tive Au-
thority of
Piuiia-
liieut of
Caiiaila.

i'»S

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WEBSTER, NY. 14580

(716) 872-4503

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268 THE BRITISH NORTH AMERICA ACT, 1867.

nada extonds to all Matters toniinj; within the ( 'lasses of
Subjects next hereinafter enumerated ; that is to say : —

1. The l*ublic Debt and I'roperty.

2. The Kef;ulation of Trade and Commeree.

li. The raisinjr of Money by anj' Mode or System of
] Taxation.

4. The borrowinj; of Money on the I'ublic Credit.

5. Postal Service.

(J. The Census and Statistics.

7. Militia, Military and Naval Service, and Defence.

8. The fixinj? of and providing for the Salaries and

Allowances of Civil and otlier Officers of the
Government of Canada.
0. lieacons, liuoys, Lijfhthouses, and Sable Island.

10. Navigation and Shipping.

11. Quarantine and the Establishment and Mainten-

ance of Marine Hospitals.

12. Sea Coast and Inland Fisheries.

13. Ferries betv»een a Province and any British or

Foreign Countiy or between Two I'rovinces.

14. Currency and Coinage.

15. Itanking, Incorptuation of Hanks, and the Issue

of l*aper Money.

1(>. Savings IJanks.

17. Weights and Measures.

18. Bills of Exchange and Troniissory Notes.

19. Interest.

20. Legal Tender.

21. Bankruptcy and Insolvency.

22. Patents of Invention and Discovery.

23. Copyrights.

24. Indians, and Lands reserved for the Indians.

25. Naturalization and Aliens.
20. ;^[arriage and Divorce.

27. Tiie Criminal Law. except the Constitution of
Courts of Criminal Jurisdiction, but including
; the Procedure in Criminal Matt«>rs.

THE HRITISH NORTH AMERICA ACT, 1867.

269

lie Classes of
is to say : —

orce.

or System of

blic Credit.

and Defence.
' Salaries and
Officers of the

Sable Island.
: and :Mainten-

any Tiritish or
o rrovinies.

and the Issue

Notes.

» Indians.

fonstitntion of
but includinij:;

M'S.

til 11.

28. The Establishment, Maintenance, and Mauajre-

ment of Penitentiaries.

29. Such Classes of Subjects as are expressly except-

ed in the Enumeration of the Classes of Sjib-
jects by this Act assigned exclusively to the
Legislatures of the Pronnces.

And any Matter coming within any of the Classes of Sub-
jects enumerated in this Section shall not be deemed to
come within the Class of Matters of a local or private Na
ture comprised in the Enumeration of the Classes of Sub-
jects by this Act assigned exclusively to the Legislatures
of the Provinces.

Exclusive Powers of Provincial Legislatures.

92. In each Province the Legislature may exclusively .Sui.jects
make Laws in relation to Mattersi coming within the|,ivePro-
Classes of Subjects next hereinafter enumerated, that is viiKial
to say,—

1. The Amendment from Time to Time, notwith

standing anything in this Act, of the Constitu-
tion of the I'ronnce, except as regards the
Office of Lieutenant-Governor.

2. Direct Taxation within the Province in order to

the raising of a Revenue for l*rovincial Pur-
poses.

3. The borrowing of Money on the sole Credit of

the Province.

4. The Establishment and Tenure of Provincial Offi-

ces and the Appointuient and Payment of Pro-
vincial Officers.

5. The Management and Sale of the Public Lands

belonging to the Province and of the Timber
and Wood thereon.

6. The Establishment, Maintenance, and Manage-

ment of Public and Reformatory I'risons in
and for the Province.

7. The Establishment, Maintenance, and Manage-

ment of Hospitals, Asylums, Charities, and
Eleemosynary Institutions in and for the Pro-
vince, other than Marine Hospitals.

270

rii

THE BRITISH NORTH AMERICA ACT, 1867.

8. Municipal Institutions in the Provinec.

9. Shop, Saloon, Tavern, Auctioneer, and other Li-

censes in order to the raisinj; of a Kevenue lor
Provincial, Local, or Municipal Purposes.

10. Local Works and Undertakinjjs other than such

as are of the following Classes, — .

(a) Lines of Steam or other Ships, Railways,
Canals, Telegraphs, and other Works and
Undertakings connecting the Province
with any other or others of the Pro-
vinces, or t^xtending beyond the Limits
of the Province :

(b) Lines of Steam Ships between the Pro-
vince and any British or Foreign Coun-
try :

(c) Such Works as, although wholly situate
within the Province, are before or after
their Execution declared by the Parlia-
ment of Canada to be for the General
Advantage of Canada or for the Advan-
tage of Two or more of the Provinces.

11. The Incorpwataion of Companies with Pronncial

Objects.

12. The Solemnization of Marriage in the Province.

13. Property ard Civil Rights in the Province.

14. The Administration of Justice in the Province,

Including the Constitution, Maintenance, and
Organization of Provincial Courts, both of
Civil and of Criminal Jurisdiction, and includ-
ing Procedure in Ci^il Matters in those Courts.

15. The Imposition of Punishment by Fine, Penalty,

or Imprisonment for enforcing any Law of the
Province made in relation to any Matter com-
ing within any of the Classes of Subjects enu-
merated in this Section.

16. Generally all Matters of a merely local or private

Nature in the Province.

[lul other L1-
Kcvenue for
'urposi'S.

er than sneli

ips, Railways,
er Works and
the Province
of the Pro-
id the Limits

^•een the Pro-
Foreign Conn-
wholly situate
>efore or after
jy the Parlia-
V the General
or the Advan-

Provinces.

ith Pronncial

the Province,
'ovinee.
the Province,
Intenance, and
dirts, both of
^u, and includ-
those Courts.

Irine, Penalty,
Iny Law of the
|y Matter eom-

[ Subjects enu-

)cal or private

THE HRITISH NORTH AMEHICA ACT, 1867.

Education.

271

■J

93. In and for t^ach I'rovince the Lejrislature niav ex- l^<f?iHia-
chisively make Laws in relation to Education, siiliject and sjjt'cting
according to the following Provisions : — education.

(1) Nothing in any such Law shall prejudicially af-

fect any Right or I'rivilege Avith resjuct to De-
nominational Schools which any (Mass of I*er-
sons have by Law in the Province at the
Union :

(2) All the Powers, Privileges, and Duties at tlie

Union by Law conferred and imi)osed in Upper
Canada on the Separate Schools and School
Trustees of the Queen's R(Mnan Catholic Sub-
jects shall be and the same are hereby extend-
ed to the Dissentient Schools of the Queen's
Protestant and Roman Catholic Subjects in
Quebec :

(3) Where in any Province a System of Separate ov

Dissentient Schools exists by Law at the Union
or is thereafter establishe<l by the Legislature
of the Province, an Appeal shall lie to the Gov-
ernor-General in Council from any Act or De-
cision of any Provincial Authority atfecting
any Right or Pnvilege of the Protestant or
Roman Catholic Minority of the Queen's Sub-
jects in relation to Education :

(4) In case any such Provincial Law as from Time to

Time seems to the iJovernor-General in Coun-
cil requisite for the due Execution of the Pro-
visions of this Section is not made, or in case
any decision of the (^}ovenior-( Jeneral in ('oun-
cil on any Appeal under this Section is not
duly executed by the proper I'rovincial Au-
thority in that Behalf, then and in every
such case, and as far only as the Circum-
stances of each Case require, the I'arliament
of Canada may make remedial Laws for the
due Execution of the I'rovisions of this Sec-
tion and of any Decision of the Governor-Gen-
eral in Council under this Section.

!■«■

ai •:

•/I

I
II

272 THE BHITISH NORTH AMERICA ACT, 1867.

Uniformit)/ of Laws in Ontario, Nova Scotia, and New

Brmiswicl:

94. Notwithstandinjj; anythiii}; in this Act, the Par-

Legisla-
tion for
unifonnity Hameiit of Canada luav make Provision for the Unifoi-

oi Laws •

in three mitj of all oi' an.v of the Laws relative to Property and
rovinces. (^j^jj ijjjriits in Ontario, Nova Scotia, and New Uruns-
wif'k, and of the Procedure of all or an.v of the Courts in
those Three I'rovinces, and from and after the passing; of
an.v Aet in that Behalf the Power of the Parliament of
Canada to make Laws in relation to any Matter com-
prised in any such Act shall, notwithstandinjj anythinj;
in this Act, be unrestricted ; but any Act of the Parlia-
ment of Canada making Provision for such rniformity
shall not have effect in any Province unless and until it is
adopted and enacted as Law bv the Legislature thereof.

Agriculture and Immi(jration,

95. In each Province the Legislature may make Laws

Concur-

•r^of in relation to Agriculture in the Pronnce, and to Immi

jfgi'^la
tiun re-
s|jectiu},'
Agricul-
ture, &c.

graticm into the Province ; and it is hereby declared that
the Parliament of Canada may from Time to Time make
Laws in ielation to Agriculture in all or any of the Pro-
vinces, and to Immigration Into all or any of the Pro-
vinces ; and any Law of the Legislature of a Province re-
lative to Agriculture or to Immigration shall have effect
in and for tiie Province as long and as far only as it is
not repugnant to any Act of the Parliament of Canada.

VII. — Judicature.

Appoint- 9(). The Governor-General shall appoint the Judges

Judge* of tli^' Superior, District, and County Courts in each Pro-
vince, except those of the Courts of Probate in Nova
Scotia and New Bi'unswick.

Selection 97. Until the Laws relative to Property and Civil

iJontarfo. Rights iu Ontario, Nova Scotia, and New Brunswick, and
&c. the Procedure of the Courts In those I'rovinces are made

uniform, the Judges of the Courts of those Provinces ap-
pointed by the Governor-General shall be selected from
the respective Bars of those Provinces.

THE BRITISH NORTH AMERICA ACT, 1867.

27a

and Xfw

:t, t\ie Pai-
tlie Unifor-
•operty and
s\'\v linins-
je Courts in
e passinj; <>f
ii'Uameut of
Matter con\-
nj; anything;
f the rarlia-
I ruiformity
ind until it is
lire thereof.

ly make Laws
iind to luimi-
declared that
Time make
[ly of the Pro-
[v of the Pro-
■X Province re-
n have effect
only as it is
of Canada.

it the Judfies
|s in each Pro-
Ibate in ^^ova

Irty and Civil
Irunswick, and
bees are made
Provinces ap-
I selected from

. 98. The Judges of the Courts of Quebec, sliall bi* ^r'f'^t,'""
selected from the liar of that Province. intiuebec.

0!). Tlie Juduf'S of the Sup<'rior Courts sliall hold Tenure of

. ... lit "*'•« "^

office durinjc jiood liehaviour. but shall be removable by Judges of

the Governor-General on Address of the Senate and J^^j'^J^';''"
House of Commons.

Salaries,

iVC. of

.hidgfs.

Court of
Appeal,

100. The Salaries, Allowances, and P<'nsions of the
Judges of the Superior, District, and County Courts (ex-
cept 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 ]»aid by Salary,
shall be fixed and provided by the Parliament of Canada.

101. The Parliament of Canada may, notwithstand-
ing anything 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 Estab-
lishment of any additional Courts for the better Adminis-
tration of the Laws of Canada.

VIII. — Kevenuks ; Deijis ; Assets ; Taxation.

102. All Duties and Revenues over which the respec-
tive Legislatures of Canada, Nova Scotia, and New Bruns-
wick before and at the Union had and have Power of Ap-
propriation, except such Portions thereof as are by this
Act reserved to the respective Legislatures of the Pro-
vinces, or are raised by them in accordance with the Spe-
cial Powers conferred on them by this Act, shall form
One Consolidated Revenue Fund, to be appropriated for
the Public Service of Canada in the Manner and subjeet
to the Charges in this Act provided.

10:{. The Consolidated Revenue Fund of Canada shall Exponses
be permanently charged with the Costs, Charges, and Ex-tion,' icl
penses incident to the Collection, Management, and Re-
(eipt thereof, and the same shall form the First Charge
thereon, subject to be reviewed and audited in such Man-
ner as shall be ordered by the Governor-General in Coun-
cil until the Parliament otherwise provides.

POPE CON. — 18

Creation
of a Con-
solidated
revenue
fund.

Km,

y^^mj

i ij

274

THE MIUTrsn NOHTH AMERICA ACT, 18f.7.

TntcreHt of i()4. Tlip aumiiil Interest of tlw I'lihllr D»'l)ts of the
public H(»v('rnl rrovjiices of (Canada, Nova Srotia, ami Nrw
debts. Hninswick at the rnion shall form the Second Charjje
on the Consolidated Revenue Fund of Canada.

Salary of
Governor
General.

105. Unless altered by the Parliament of Canada, the
Salary of the (iovernor-General shall be Ten thousand
Pounds Sterlinj? Money of the United Kiuf^dom of (Jreat
Hi'itain and Ireland, i)ayable out of the Consolidated Re-
venu«' Fund of Canada, and tlie same shall form the
Third ('liarge thereon.

Appropri- ]0(i. Subject to the several Payments bj' this Act

rem p|^m.j,pj Qjj ^]jg Consolidated Revenue Fund of Canada,
the same shall be appropriated by the Parliament of Ca-
nada for tlie Public Service.

tune to
time.

Transfer

of StiXjkH,

1()7. All stocks, Cash, Banker's Balances, and Se-
curities 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 sliall be taken in Reduc-
tion of t le amount of the respective Debts of the Pro-
vinces at the Union.

Transfer lO.S. The PubHc Works and Proi)erty of each Pro-

perty'in vince, enumerated in the Third Schedule to this Act, shall
Hcheduie. Ijp ^1,^, Property of Canada.

Property 100. All Lauds, Mines, Minerals, and Royalties be-

Mine" &c. longiug to the several Provinces of Canada, Nova Scotia,
and New Brunswick at the Union, and all Sums then due
or i)ayable for such Lands, Klines, ^linerals, or Royalties,
shall bt^long to the several Provinces of Ontario, Quebec,
Nova Scotia, and New Brunswick, in which the same are
situate or arise, subject to any Trusts existing in respect
tliei'eof, and to any Interest other than that of the Pro-
vince in the same.

A»8fts 110. All Assets connected with such Portions of the

S^iS- r'Jlilic Debt of each Province as are assumed by that
vinciai Province shall belong to that Province.

debts.

Canada to 111. Canada shall be liable for the Debts and Liabili

Sr Provin- ties of each Province existing at the Union.

cial debts.

K'bts of the
I. aiul N»'W
„iul ('Uar}?»'

Canada, tlie
?u tUouaand
om of ilreat
ioUdated Re
ill form tho

by this Act
(1 of Canada,
iaiuent of Ca-

aces, and Se-
)vince at the
!ntioned, shall
ken in Reduc
ts of the Pi*o-

THE HIUTISH NORTH AMERICA ACT, 1867.

275

of each Pro-
this Act, shall

Royalties bo-
, Nova Scotia,
^ums then due
I, or Royalties,
itario, Quebec,
the same are
ing in respect
at of the Pro-

I'ortions of the
lumed by that

)ts and Liabili

112. Ontario and Quebec conjointly shall be lijible toj*'*'''^rof
Canada for the Amount (if anv) bv whicli the Debt of theaii.i(./uH
Province of Canada exceeds at the Union Hixty-two mil- "*^'
lion five hundred thousand Dollars, and shall be charjjed

with Interest at the Rate of Five per Centum per Annum
thereon.

113. The Assets enumerated in the Fourth Schedule A^^its of
to this Act belon},Miiiu; at the Union to the Province of Ca- In^tT/ue-
nada shall be tlie Property of Ontario and Quebec con-'^^^.
jointly.

114. Nova Scotia shall be liable to Canada for the Debt of

XT ^

Amount (if any) by which its Public Debt exceeds at the^otia.
Union Eight million Dollars, and shall be charged witli
Interest at the Rate of Five per Centum per Annum
thereon.

115. New Brunswick shall be liable to Canada for l).i>t
the Amount (if any) by which its l^uldic Debt excoeils Brnns-
at the Union Seven million Dollars, and shall be charged ""^
with interest at the Rate of Five per Centum per Annum
thereon.

116. In case the Public Debts of Nova Scotia and I'avnunt
New Brunswick do not at the Union amount to Eight tn Nova
million and Seven million Dollars respectively, they shall und^^ew
respectively receive by half-yearly Payments in advaiUM^ i^r""'*-
from the Grovernment of Canada Interest at Five per Cen-
tum per Annum on the Difference between the actual
Amounts of their respective Debts and such stipulated
Amounts.

117. The several Provinces shall retain all their re- Provincial
spective Public Property not otherwise disposed of in thispeVty^ ^'^°"
Act, subject to the Right of Canada to assume any Lands

or Public Property required for Fortifications or for the
Defence of the Country.

118. The following Sums shall be paid yearly by Ca-^Jrantato

** t . .. . Provinces.

276

Furth«T
grant to
New
Knins-
wick.

Form (if
paynientt).

Canadian
inaniifac-
tures, &c.

THE nUITISH NORTH AMEUICA ACT, W,7.

nsula (<> the sevornl ProvinccH for tin* Sni»iM>rt of their

(ittvcrniiu'iitH (umI Lt'gislatiircH :

DolIurH.

Otitnrio lOijflitv thouHiiiul.

Qih'Im'c Scvciily tli<MiH:in<l.

Novji Scoliji Sixl.v (houHaiid.

New llniiiHwick Fift.v Ihoimand.

Two hundred and Hixt.v tluniHand :
and an annual (Jrant in aid of each I'rovinc*' Hliall bo
made. e<pial to Kiffht.v Cents ix'r Head of the Topulation
as ascertained by the OnsuH of One tliousand eif^lit hun-
dred and sixt.von*', and in the Case of Nova Scotia and
New nrunswiclv, b.v <*aclt snbsejjuent Decennial ('ensuH un-
til tlie LN»puhition of eacli of those two Provinces amounts
to F(»ur hundr 'd tliousand Souls, at wh1<*h Iiat<' such
(irant shall thereafter remain. Such CJrants shall be in
full Settlement of all future Demands on Cana<Ia, and
slutll be paid half-yearly in advance to each Trovince ;
hut the (loveriiment of Canada shall deduct from such
(Jrants. as affainst any Province, all Sums charfj^eable as
Interest on the Public Debt of that Province in excess of
the several Amounts stipulated in this Act.

119. New Brunswick shall receive by half-y«'arly l*ay-
ments in advance from Canada for the IVriod of Ten
Ye.o'S from the Union an additional Allowance of Sixty-
three thousand Dollars per annum ; but as lonfj as the
Public Debt of that l^'ovince remains under Seven mil-
lion Dollars, a Dednctiou equal io the Interest at Five
per Centum per Annum on such Deficiency shall be made
from that Allowance of Sixty-three thousand Dollars.

120. All P.ayments to be made under this Act, or in
discharge of Liabilities created under any Act of the Pro-
vinces of Canada, Nova Scotia, and New Brunswick re-
spectively, and assumed by Canada, shall, until the Par-
liament of Canada otliei'wise directs, be made in such
Form and Manner as may from Time to Time be ordered
by the Governor-General in Council.

121. All Articles of the Growth, Produce, or Manu-
facture of any one of the Provinces shall, from and after
the Union, be admitted free into each of the other Pro-
vinces.

Tin; MItniSII NollTII AMKKK'A ACT, l^tu.

277

t of Uu'ir

iiiul.
and.
and.
and.

\w\ ;

,(> Hhall be

lN)])ulalion

I ciijchl hun-

Sfotiii and
I C<'ns\i» un-
(•(»s amount ft
I Rati' Huch
» shall iM' in
Janada, and
h IM'ovinc*' ;
t from such
liai'fjoablc as

in excess of

f.ycarly Tay-
riod of Ten
nee of Sixty-
Ion {; as the
r bSeveu mil-
rest at Five
\all be made
d Dollars,
lis Act, or in
■t of the Pro-
runswick re-
mtil the Par-
,ade in such
e be ordered

ce, or Manu-

■^m and after

e other Pro-

1U-. Th<' riislonis and Kxcisc Laws of <'iitli rn>viiice''"'iii""
shall, Hiibjei-t ii) the i'rovisioiM of this Act, continue iiidHtniuH
force until altered by llie Parlia ni of Canada. uIvh.""''"

12:{. WIk'II' ('usl<nns Duliew are. at the rnicm, levi Kxporta
able on any broods. Wares, or Merchandises in any Two |,',\'j|,'|:',',^
Provinces, those Ooods, Wares, and Merchandises iiiav, ^"""^
fnun and after the I'nion, be iiaported from one of tliosetwo pn.
Pr«»vin<'es into tin* other of ll.eni on Proof of I'avinent of ^"*' ""
the <'ust(Mns Duly levialile tliereon in lin- Trovince of
Kxpoiiation, and on I'aynieni of such futtlier Amount (if
any) of Customs Duty as is leviable thereon in tlie I'lo
vince of Importation.

Ili4. Nothing; in this Act sha.l affeet the Ilij;ht ofLuiuiM^r
New lirunswick to levy the Luniln'r Dues provided in Is,-"!^"""
Chapter Fifteen of Title Three of the Revised Statutes of i';!>'''«
New Rrunswi(!k, or in any Act amending that A«'t befcu-e
or after the Union, and not incn^asinj? the Amount of
such Dues ; but the Lumber (►f any of the Provinces other
than New lirunswick shall not be subject to su« h dues.

12r». No Lands or Projtertv belonp;lnu: t<» Canada or •"•"•"'i'-
any I'rovince shall be liable to Taxation. I'uhiic

JiaiidH, &.C,

ILM). Such INu'tlons of the Duties aiul lJev«Miues over provinciivl
which the respective L«'i;isla tares of ('anada. Nova Scotia, 9"."**!'''

' ^ lifted

and New Brunswick had before th<' lini«n Power of Ap-r.venuo
propnation as are by this Act reserved to the respective
Clovernnients or Le}4:isla lures of the Provinces, and all
Duties and Revenues raised by them in accor<lance witli
the special Powers conferred upon them by this Act,
shall in each Pro\inc<» form One (consolidated Revenue
Fund to be appropriated for the Public Service of the
Province.

IX. — Mrs('ELL.\Ni:ofs ^l^!)VISIo^.•s.
Genci'dl.

127. If any Person being at the passing of this Act a A.'* to
Member of the Legislative Council of CanadiU Nova tfj^'^'^^^.
Scotia, or New Brunswick, to whom a Place in the Senate cillors of

Provinces

18 offered, does not within Thirty Days thereafter, byi)Hcoining
Writing under his Hand addressed to the Governor- *'^"^*"'"'-

27.S

THE RltmsH XOUTH AMERICA AfT, 1H17.

Oatli of
Allegi-
ance, Hcv,

Continu-
ance of
t'xiMting
Laws,
(/ourts,
Officers,
&c.

Transfer
of officf rs
to Canada.

(Jenernl of the Province of Canada or to the Lieutenjint-
Oovernor of Nova Scotia or New WrunHwick (as the Case
uniy be) accept the same, he sliall be deemed to have de-
rlined the same ; and any Person wiio, being at tlie pass-
ing of this Act a Member of the Legislative Council of
Nova Scotia or New Brunswick, accepts a IMace in the
Senate, shall thereby vacate his Seat in such Legislative
Council.

128. Every Member of the Senate or House of Com-
mons of Canada shall before taking his Seat therein take
and subscribe before the Oovernor-General or some Per-
son authorized by him, and every Mrniber of a Legisla-
tiv«' Council or Legislativi' Assembly of any Province
shall before taking his Seat therein take and subscribe
before the Lieutenant-iJovenior of the Province or some
Person authorized by him, the Oath of Allegiance con-
tained in the Fifth Schedule to this Act ; and every Mem-
ber of tlie Senate of Canada and every Member of the
Legislative ('ouncil of Quebec shall also, bef(ue taking his
Seat therein, take and subscribe before the (lovernor-
Ceneral, or sonu» I'erson authorized by him, the Declara-
tion of (jualificati(m contained in the sanie Schedule.

121). Except as othenvise provided by this Act, all
Laws in force in Canada, Nova Scotia, or New Brunswick
at the Fnion, and all Courts of Civil and Criminal Juris-
diction, and all I^'gal Commissicms, Powers, and Authori-
ties, and all Otticers, Judicial. Administrative, and Minis-
terial, existing therein at the Union, shall continue in
Ontario, Quebec, Nova. Scotia, and New Brunswick re-
spectively, as if the Union had not been made ; subject
nevertheless (except with respect to such as are enacted
by or exist under Acts of the Parliament of Great Bri-
tain or of the I'arliament of the I'^nited Kingdom of Great
Britain and Ireland), to be repealed, abolished, or altered
by the Parliament of <^\'inada, or by the Legislature of the
respective Province, according to the Authority of the
Parliament or of that Legislature under this Act.

130. Until the I'arliament of Canada otherwise pro-
vides, all Officers of the several Provinc<'s having Duties
to discharge in relation to Matters otlier than those

THK lUMTIsM S'OUTII AMKHKA A< T, IW.T.

279

(ieutcniint-
g the Cas(?
o hav»* <U'-
,t. the psiHS-
Couueil of
lace in the
Letfislative

ise of Oom-
herein take
p gome Per-
f a Lejjisla-
ly rrovince
a subscribe
lice or some
'{jfiance con-
I'very Mem-
in\)er of the
re taking l»i»
c (loveruor-
the Declara-
beduU'.

tliis Act, all
jv Brunswick
minal Jnris-
iind Authori-
, and Minis-
continne in
•unswick re-
iide ; subject
are enacted
f Great Bri-
[lom of Great
d, or altered
ilature of the
toi'ity of the
Act.

Iherwise pro-
laving Duties
than those

coming within the Classes of Snbjeels by this Act. as
Hi};ned exclusively to tlie I^'j^islatures of tlie Provinces
shall Ih' Ofticers of Canada, and shall continue to dis-
charjje the Duties of their resju'clive Oltlces under the
Munie Luibilities. HesiKtnsibilities. and renalties as if the
Vnuui had not been made.

\'M. I'ntil the Piirliainent of Tanada otherwise pro- Appoint
vides, the Govern«u'-General in Council may from 'IMme to,„!w utti-
Time apimint such Othcers as the Governor (Jeneral in*^''"*
Council deems necessary nv proper for the effectual Exe-
cution of this Act.

i;i2. The Tarliament and Governnu'nt of Canada Tmuy
shall have all l*ow<'rs necessary ov proper for perforniintjf'tioim.
the Oblifjations of Canada or of any Province Ihen'of, as
Part of the British Empire, towards Foreign Countries,
arising under Treatit's >'"t veen the Em{>ire and such
Foreign Countries.

133. Either the English or the French Language may u«e of
b<' used by any Person in the Debates of the II(nises <>f aiUfKR-ndi
the Parliament of Canada and of the Houses of the I^'gis- r^anRu-
lature of Quebec; and both tliose Languages shall Ik? used

in the respective Records and Journals of those Houses ;
and either of those Languages may be used by any l*er-
son ov in any Pleading or Pr cess in or issuing from any
Court of Canada established under this Act, and in or
from all or any of the Courts of Quebec.

The Acts of the Parliament of Canada and of the
Legislature of Quebec shall be jninted and published in
both those Languages.

Ontario (ind Qiifhrc.

134. I'ntil the Legislature of Ontario or of Quebec Apjxjint-
otherwise provide**, the Lieutenant-Governors of Ontario executive
and Quebec; may each apxK)int under the Great Seal of J'UJ^^Jj'^j ^"'"
the Province the following Officers, to hold Office during s*'"! '^le-
Pleasure, that is to say, — the Attorney-General, the Sec-
retary and Registrar of the Province, the Treasurer of

the Province, the Commissioner of Crown Lands, and tlie
Commissioner of Agriculture and Public Works, and in
the case of Quebec the Solicitor-General ; and may, by

280

THE BRITISH NORTH AMERICA ACT, 18G7.

ordor of the Lieutenam Governor in Council, 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 ; and may also appoint other and additional Offi-
cers to hold Office during IMeasure, 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.

Powcr-i, 135. Until the Legislature of Ontario or Quebec

ftc-Tof otherwise pi-ovides, all Rights, Powers, Duties, Fuuc-
^wt^r!'^'' tions. Responsibilities, or Authorities at the passing of
this Act vested in or imposed on the Attorney-General,
Solicitor-General, Secretary and Ik'gistvar of the Pro-
vince of Canada, Minister of Finance, Commissioner of
Crown Lands, Commissioner of Public Works, and Min-
istiM- of ^Vgriculture and Receiver-General, by any Law,
Statute or Ordinance of Upper Canada, Lower Canada,
or Canada, and not repugnant to this Act, shall be vested
in or imposed on any Officer to be appointed by the Lieu-
tenant-Governor for the Discharge of the sjime or any of
them ; and the Commissioner of Agriculture and Public
Works shall perform the Duties and Functions of the
Office of Minister of Agriculture at the passing of this
Act imposed by the Law of tlie Proviu(;e of Canada, as
well as those of the Commissioner of Public Works.

officers.

Seals.

Construc-
tion of
temporary
Acts.

i:](). Until altered by the Lieutenant-Governor in
Council, the Great Seals of Ontario and Quebec respec
tively shall be the same, oi- of the same Design, as those
used in the Provinces of U)>per Canada and Lower (^an
ada respectively before their Union as the Province of
Canada.

137. The Words *' and from thence to tlie End of the
" then next ensuing Session of the Legislature," or
Words to the same Ett'ect, used in any temporary Act of
the Province of Canada not expired before the Union,
shall be construed to extend and apply to the next Ses
sion of the I'arl lament of Canada, if the subject Matter
of the Act is within the Powers of the same, as defined

THE BRITISH NORTH AMERICA ACT, 13fi7.

281

from Time
i and of the
ri't'side or to

and Clerks
litionul OfH
y from Time
!i, and of tbe
u'eside or to
i and Clerks

or (inebec
mties, Fune-
le passing of
rney-Oeneral,
of tlie Ppo-
imissiouer of
rks, and Min-
by any Law,
ower Canada,
hall be vested
i by the Litni-
ime or any of
i-e and rublie
etions of the
issing of this
at Canada, us
c Works.

-Covernor in
\u'ber respei'-
sij»n, as those
il Lower ('an
> IM'ovince of

u' Knd of the
fislature," or
k»orary Act of
N' the I'nion,
Ithe next Ses-
jibject Matter
le, as defined

by this Act, or to the next S«*S8ions of the Lejjishitures
of Ontario and Quebec respectively, if the Subject Mat-
ter of the Act is within the I'owers of the same as de-
fined by this Act.

K58. From and after the Tnion the Use of the Ah to
Words "Upper Canada" instead of '"Ontario." or "Low-f^™ '"
er Canada" instead of "Qiiebi'c," in any Deed, Writ,
Process, IMeadinj;, Document, Matter, or Thin}--, shall not
invalidate the same.

ll?9. Any Proclamation under the Crcat Seal of the a^* to
Province of Canada issue d befor<^ the Union to take Proclama-
effect at a Time which is subscciucnt to the Union, ^'""'ij^.-

' fore Linion

whether relating? to that Province, or to Upper Canada, to com-
or to Lower Canada, and the several Matters and Thinjts"ft"r'''
therein proclaimed shall be and continue of like Force U"'""-
and ElTect as if the Union had not been made.

140. Any I'rodamation which is authorized by any
Act of the Le};islature of the Province of ('anada to be
issued under the Great Seal of the Province of Canada,
whether relatinj*' to that Province, or to I'pper ('anada,
or to Lower (Janada, and which is not issued before the
I'nion, may be issued by the Lieutenant-Cjovernor of On-
tario or of Quebec, as its Subject Matter recpiires, under
the Great Seal thereof ; and from and after the Issue of
such I'roclamation the same and the several Matters and
Things therein proclaimed shall 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 Canada otherwise provides,
be and continue the Penitentiary of Ontario and (►f Que-
bec.

142. The Division and Adjustment of the Debts,
Credits, Liabilities, Properties, and Assets of Upper (Can-
ada and Lower Canada shall be referred to the Arbitra-
ment of Three Arbitrators, One chosen by the (Jov-
ernment of Ontario, One by the Government of Quebec,
and One by the Government of Canada ; and the Selec-
tion of the Arbitrators shall not be made until the Par-

As to issue
of Procla-
iiiationis
after
Union.

Peniten-
tiary.

Arbitra-
tion re-
s{)ectin(f
debts, &c.

s»i!' yi

'7'imi

) m

' M^"-;-

282

THE BRITISH NORTH AMERICA ACT, 1867.

Division
of records

liament of Canada and the Lej^slatures of Ontario and
Quebec Lave met ; and the Arbitrator chosen by the
Government of Canada shall not be a Resident either in
Ontario or in Quebec.

143. The Governor-General in Council may from
Time to Time order that such and so many of the Re-
cords, Books, and Documents of the I'rovince of Canada
as) he thinks fit shall be appropriated and delivered
either to Ontario or to Quebec, and the same shall thence-
forth be the Propevty of that Province ; and any Copy
thereof or Extract tlierefrom, duly certified by the Officer
havinf? charge of the Original thereof, shall be admitted
as Evidence.

144. The Lieutenant-Governor of Quebec may from
Time to Time, by Proclamation under the Great Seal of

in Quebec, f^ie Province, to take effect from a day to be appointed
therein, constitute To\vnshii)8 in those Parts of the Pro-
vince of Quebec in which Townships are not then already
constituted, and fix the Metes and Bounds thereof.

X. — Intrrcolomat. Kailway.

Constitu-
tion of
townships

Duty of
(xovern-
nient and
Pariia-
ment of
Canada to
make Rail-
way iierein
described.

Power to
admit
Newfound
land, &c.
into the
Union.

145. Inasmuch as the Provinces of (Canada, Nova
Scotia, and New Brunswick have joined in a Declara-
tion that the Construction of the Intercolom ' 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 f.>r its immediate Construc-
tion 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 Railwsiy connecting the River St. Lawrence with
City of Halifax in Nova Scotia, and for the Construction
thereof without Intermission, and the Completion thereof
with all practicable Speed.

XT. — Admission of other Colonies.

146. It shall be lawful for the Queen, by and with
the Advice of Her Majesty's Most Honourable Privy Coun-
cil, on Addresses from the Houses of the Parliament of
Canada, and from the Hou.ses of the respective Legisla-

THE BRITISH NORTH AMERICA ACT, 18G7.

283

)ntario and
(sen by the
nt either in

may from
J of tlie Re-
e of Canada
id delivered
shall thence-
id any Copy
.y the Officer

be admitted

ec may from
"ireat i^eal of
be appointed
8 of the Pro-
then already
thereof.

'anada, Nova
in a Declara-
im Railway
ion of British
f Nova Scotia
agreed that
ate Construc-
ore, in order
e the Duty of
to provide for
er the ITnion,
iiwrence with
Construction
iletion thereof

tures of the Colonies or Provinces of Newfoundland,
Prince Edward Island, and British Columbia, to admit
those Colonies or Provinces, or any of them, into the
Union, and on Address from the Houses of the Parlia-
ment of Canada to admit Rupert's Land and tlie North-
western Territory, or either of them, into the Union, on
such Terms and Conditions in each Case as are in the
Addresses expressed and as the Queen thinks fit to ap-
prove, subject to the Provisions of this Act ; and the
Provisions of any Order in Council in that Behalf shall
have effect as if they had been enacted by the Parliament
of the United Kingdom of Great Britain and Ireland.

147. In case of the Admission of Newfoundland and As to re-

Tinf^stf^fi till"

Prince Edward Island, or either of them, each shall betionof
entitled to a Representation in the Senate of Canada (>f ^undiand
Four Members, and (notwithstanding anvthing in this and Prince

■ Kdward

Act) in case of the Admission of Newfoundland the Nor- island in
mal Number of Senators shall be Seventy-Six and their ^^"**''-
Maximum Number shall be Eighty-two ; but Prince
Edward Island when admitted shall be deemed to be
comprised in the third of the Three Divisions into which
Canada is, in relation to the Constitution of the Senate,
divided by this Act, and accordingly, after the Admission
of Prince Edward Island, whether Newfoundland is ad-
mitted or not, the Representation of Nova. 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 be increased at any Time beyond Ten, except under
the Provisions of this Act for the Appointment of Three
or Six additional Senators under the Direction of the
Queen.

ES.

by and with

le Privy Coun-

I'arliament of

[c'tive Tiegisla-

M:'i

284

THE BUITfSH NORTTI AMERICA ACT, 1307.

SCHEDULES.

THE FIRST SCHEDULE.

Electoral Districts of Ontario.

Existing Elkctoual Divisions.

1. Preseott.

2. Glengarry.

3. Stormont.

4. Dundas.

5. Russell.

Counties.

6. Carleton.

7. Prince Edward.

8. Hal ton.

9. Essex.

PiiDiNQs OF Counties.

10. North Riding of Lanark.

11. South Riding of Lanark.

12. North Riding of Leeds and North Riding of Gren-

ville.

13. South Riding of Li-eds.

14. South Riding of Grenville.

15. East Riding of Northumberland.

16. West Riding of Northumberland (excei)ting there-

from the Township of South Mouaghan.)

17. East Riding of Durham.

18. West Riding of Durham.

19. North Riding of Ontario.

20. South Riding of Ontario.

21. East Riding of York.

22. West Riding of York. 1-

23. North Riding of York.

24. North Riding of W^entworth.

25. South Riding of Wentworth.

26. East Ridmg of Elgin.

27. West Riding of Elgin.

28. North Riding of Waterloo.

iding of Gren-

SCHEDULES OF.

29. South Riding of Waterloo.

30. North Riding of Brant.

31. South Riding of Brant.

32. North Riding of Oxford.

33. Soutli Riding of Oxford.

34. East Riding of Middlesex.

Cities, Parts of Cities, and Towns.

35. West Toronto.

36. East Toronto.

37. Hamilton.

38. Ottawa.

39. Kingston.

40. London.

41. Town of Brockville, with the Township of Eliza-

betluown thereto attached.

42. Town of Niagara, with the Township of Niagara

thereto attached.

43. Town of Cornwall, with the Township of Corn-

wall thereto attached.

285

New Electoual Divisions.

44. The Provisional Judicial District of Algoma
The County of Bruce, divided into Two Ridings to

be called respectively the North and South Ridings:—

45. The North Riding of Bruce to consist of the

Townships of Bury, Lindsay, Eastnor, Albe-
marle, Amable, Arran, Bruce, Elderslie, and
Saugeen, and the Village of Southampton.

46. The South Riding of Bruce to consist of the

Townshipa of Kincardine (including the Vil-
lage of Kincardine), Greenock, Brant, Huron,
Kinloss, Culross, and Carrick.

The County of Huron, divided into Two Ridings to
be called respectively the North and South Ridings' :-

'.i

■m

■■f'i

r. , 1,

. i

.,- 1*

m..hf

286 THE BRITISH NORTH AMERICA ACT, 1867.

47. The North Riding to consist of the Townships of

Ashfle'd, Wawanosh, Turnberry, Howick, Mor-
ris, Grey, Colborne, Hullett, including the
Village of Clinton, and McKillop.

48. The South Riding to consist of the Town of God-

erich and the Townships of Goderich, Tucker-
smith, Stanley, Hay, Usborne, and Stephen.

The County of Middlesex, divided into Three Ridings,
to be called respectively the North, West, and East
Ridings : —

49. The North Riding to consist of the Townships of

S-jGillivray and Biddulph (taken from the
County of Huron), and Williams East, Wil-
liams West, Adelaide, and Lobo.

50. The West Riding to consist of the Townships of

Delaware, Carradoc, Metcalfe, Mosa and Ek-
frid, 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 Town-

ships of Bosanquet, Warwick, Plympton, Sar-
nia, Moore, Enniskillen, 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 Harwich, and the Town of Chat-
ham.

53. The County of Bothwell to consist of the Town-

ships of Sombra, Dawn, and Euphemia (taken
from the County of Lambton), and the Town-
ships 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, Nor-

manby, Egremont, Proton, and Melancthon.

SCHEDULES OF.

287

Pown of Chat-

55. The North Riding to consist of the Townships of
Collingwood, Euphrasia, Holland, Saint-Vin-
cent, Sydenham, Sullivan, Derby, and Keppel,
Sarawak and Brooke, and the Town of Owen
Sound.

Tlie County of Perth divided into Two Ridings, to be
called respectively the South and North Ridings : —

50. The North Riding to consist of the Townships of
Wallace, Elnia, Logan, Ellice, Mornington.
and North Easthoiw, and the Town of Strat-
ford.

57. The South Riding to consist of the Townships of

Blanchard, Downie, South Easthope, Fullar-
ton, Hibbert, and the Villages of Mitchell and
Ste. Marvs.

The County of Wellington divided into Three Rid-
ings, to be called respectively North, South and Centre
Ridings : —

58. The North Riding to consist of the Townships of

Amaranth, Arthur, Luther, Minto, Mary-
borougl: Peel, and the Village of Mount For-
est.

59. The Centre Riding to consist of the Townships of

Garafraxa, Erin, Eramosa, Nichol, and Pil-
kington, and the Villages of Fergus and Elora.
GO. The South Riding to consist of the Town of
Guelph, and the Townships of Guelph and
Puslinch.

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 Townshii>8 of
Charlotteville, Houghton, Walsingham, and
Woodhouse, and with the Gore thereof.

G2. The North Riding to consist of the Township."^
of Middleton, Townsend, and Windham, and
the Town of Simcoe.

G3. The County of Haldimand to consist of the Town-
ships of Oneida, Seneca, Cayuga North, Cajnga
South, Rainham, Walpole, and Dunn.

288

THE BRITISH NORTH AMERICA ACT, 1867.

! tJI

iLij

64. The County of Monek to consiHt of tho Town-

shii>s of Canboroiigh and Moulton, and Shor-
biooki', and the Village of Diinuville (taken
from the County of Haldiniand), the Town-
shii>8 of Caistor and CrainHborough (taken from
the County of Lincoln), and the Townships of
Pelham and Wainfleet (taken from the County
of Welland).

65. The County of Lincoln to consist of tlie Town-

ships of Clinton, Grantham, Grimsby, and
Louth, and the Town of St. Catherines.

66. The County of Welland to consist of the Town-

ships of Bertie, Crowland, Humberstone,
Stamford, Thorold, and Willoughby, and the
Villa{i;es of Chippewa, Clifton, Fort Erie, Thor-
old, and Welland.

67. The County of Peel to consist of the Townships
f of Chinguacousj', Toronto, and the Gore of

Toronto, and the Villages of Brampton and
Streetsville.

68. The County of Cardwell to consist of the Town-

ships of Albion and Caledon (taken from the
Count}' of I'eel), and the Townships of Adjala
and Mono (taken from the County of Simcoe).

Tlie County of Simcoe, divided into Two Ridings, to
be called respectively the South and the North Rid-
ings : —

69. The South Riding to consist of the Townships of

West Gwillimbury, Tecumseth, Innisiil, Essa,
Tossorontio, Mulmur, and the Village of Brad-
ford.

70. The North Riding to consist of the Townships of

Nottawasaga, Sunnidale, Vespra, Flos, Oro,
Medonte, Orillia and Matchedash, Tiny ard
Tay, Balaklava and Robinson, and tlie Towns
of Barrie and Oollingwood.

The County of Victoria, divided into Two Ridings,
to be called respectively the South and North Ridings : —

SCHEDULES OF.

289

the Town-
and Sher-
ille (taken
the Town-
taken from
wnships of
the County

the Town-
imsby, and
ines.

I the Town-
iniberstone,
by, and the
t Ei'ie, Thor-

i Townships
the Gore of
ampton and

>f the Town-

len from the

l)s of Adjala

of Simeoe).

Ridings, to
North Rid-

fownships of
misfll, Essa,
lage of Brad-
townships of
Flos, Oro,
Tiny ard
the Towns

|wo Ridings,
Ridings :—

I 71. The South Riding to consist of the Townsliips of
Ops, Maripo.sa, Emily, Verulam, and the Town
of Lindsay.

72. The North Riding to consist of the Townships of

Anson, liexley, Carden, Dalton, Digby, Eldon,
Fenelon, Hindon, Laxtf n, Lutterworth, Mac-
aulay and Draper, Sommerville, and Morrison,
Muskoka, Monck and Watt (taken from the
County of Simeoe), and any other surveyed
Townships lying to the North of (he said
North Riding.

The County of Peterborough, divided into Two Rid-
ings, to be called respectively the West and East Rid-
ings : —

73. The West Riding to consist of the Townships of

South Monaghan (taken from the County of
Northumberland), North Monaghan, Smith,
and Ennismiore, and the Town of Peter-
borough.

74. The East Riding to consist of the Townships of

Asphodel, Belmont and Methuen. Douro,
Dummer, Ualway, Harvey, Minden, Stanhope
and Dysart, Otonabee, and Snowden, and the
Village of Ashburnhara, and any other sur-
veyed Townships lying to the North of the
said East Riding.

The County of Hastings, divided into Three Ridings,
to be called respectively the West, East, and North Rid-
ings :—

75. The West Riding to consist of the Town of Belle-

nlle, the Township of Sydney, and the Village
of Trenton.

76. The East Riding to consist of the Townships of

Thurlow, Tyendinaga, and Hungerford.

77. The North Riding to consist of tlie Townships of

Rawdon, Huntingdon, Madoc, Elzevir, Tudor,
Marmora, and Lake, and the Village of Stirl-
ing, and any other surveyed Townships lying
to the North of the said North Riding.

POPE CON. — 19

'■■ '^^

yM i.mB

;I W^S

^1 ^^

290 TFIE HUITISH NORTH AMERICA ACT, 1H67.

78. The County of Lennox, to con.siHt of the Town-

ships of Rifhmoud, Adolphustown, North
Fri'doric'ksbnrgh, South Fredericksbur^h,
Ernest Town, and Amherst Ishiud, and the
Village of Napanee.

79. The County of Addington to consist of the Town-

ships of Camden, Portland, Mhettield. Hinchin-
brooke, Kaladar, Kennebec, Olden, Oso, An^'-
lesea, liarrie, Clarendon, Palmerwton, Effing-
ham, Abinger, Miller, Canonto, Denbigh,
Loughborough, and Hedford.

80. The County of Frontenae to consist of the Town-

ships of Kingston, Wolfe Island, Pittsburgh
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

McNab, Bagot, Blithfield, Brougham, Horton,
Admaston, (Jrattan, Matawatehan, Griffith,
Lyndoch, Raglan, Radclifife, Brudenell, Sebas-
; topol, and the Villages of Arnprior and Ren-

frew.

82. The North Riding to consist of the Townships of

Ross, Bromley, Westmeath, Stafford, )*em-
broke, Wilbei'force, Alice,Petawawa,Buohnnan,
South Algona, North Algona, Eraser, McKay,
Wylie, Rolpli, Head, Mam, (Jlara, Hagarty.
Sherwood, Burns, and Richards, and any
other surveyed Townships lying North-west-
erly of the said North Riding.

Every Town and incorporated Village 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.

SCHEDULES OF.

291

tlu' Town-
vn, North
i'H;k»bur};U,
d, and the

I the Town-
d. HiiK'hin-
, 080, Anjr-
toii, Ettln^'-
o, l>enbi}?h,

if the Town-
I'ittsbiii'sh

Svo Ridings,
\ Ridings :—

['ownships of
lam, Hoi'ton,
an, Griffith,
enell, Sebas-
or and Ren-

'ownships of
hfford, )*em-
ja.Bnohnnan,
iser, McKay,
i-a, Hagarty.
Is, and any
North-west-
listing at the
ledule, is to
kithin which

THE SECOND SCHEDULE.

Electoral Districts of Quebec siK'cially fixed.
Counties of

Pontiac. Missisiiuol.

Ottawa. r.ronie.

Argentetiil. Shetford.
Huntingdon. Stanstead.

Town of Slierljroolvi

Ciunpton.

Wolfe and Kidmiond.

Megantic.

THE THIRD SCHEDULE.

Provincial Public Works and IM'operty to be the Property

of (-'anada.

1. Canals, with Lands and Water Power connected

therewith.

2. Public Harbours.

3. Lighthouses and Piers, and Sable Island.

4. Steamboats, Dredges, and public Vessels.

5. Rivers and Lake Improvements.

G. Railways and Railway Stocks, Morrgages, and
other Debts due by Railway Comianies.

7. Military Roads.

8. Custom Houses, Post Offices, and all other Public

Buildings, except such as the Government of
Canada appropriate for the I^se of the Pro-
vincial Legislatures and Governments.

9. Property transferred by the Imperial Govern-

ment, and known as Ordnance Property.
10. Armouries, Drill Sheds, Military Clothing, and
Munitions of War, and Lands set apart for
general Public Purposes.

292

THE liUmSH NOUTII AMEHICA ACT, 1867.

' I \

THE FOURTH SCIlEOrLE.

Assets to be the Property of Ontario uud Quebec Con-
jointly.

Upper Canada Building Fund.
Lunatic Asylums.
Normal School.
Court Houses, '

■ Lower Canada.

in
Aylnier.
Montreal.
Kainouraska.

Law Society, Upper Canada.

Montreal Turapike Trust.

University Permanent Fund.

Royal Institution.

Consolidated Municipal Loan Fund, Upper Canada.

Consolidated Municipal Loan Fund, Lower Canada.

Agi'icultural Society, LTpper Canada.

Lower Canada Legislative Grant.

Quebec Fire Loan.

Teraiscouata Advance Account.

Quebec Turnpike Trust.

Educartion — East.

Building and Jury Fund, Lower Canada.

Municipalities Fund.

Lower Canada Superior Education Income Fund.

THE BUITISH NORTH AMERICA ACT, lWfi7.

293

THE FIFTH SC^HEDl LPL

Oath of Allegiance.

I, A. B., do swear, That I will he faithful and boar
true Allegiance to Her Majesty Queen Victoria.

Note. — The Name of the King or Queen of the United Kingdom of
Oreat Uritain and Ireland for the Time being, in to lie mibiitituted from Time
to Time, with proper Termnof litfer-- '•c thereto.

Declaration' of Ql-alification.

I, A. B. do declare and testify, That I am by Law
duly qualitied to be appointed a Member of the Striate
of Canada [or as the Case may be], and that 1 an» lej^ally
or equitably seised as of Freehold fur my own t'se ;»nd
Benefit of Lands or Tenements held in Free and (common
Socage [or seised or possessed for my own Tse and I'ene-
flt of Lands or Tenements held in Franealleu or in Uo-
ture (as the Case may be),] in the Province of Nova Scotia
[or as (the case may l)e] of thi' Value of Four Tlnonsand
Dollars over and above all Kents, Dues, Debts, Mortjifa-
ges, 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 become
possessed of the said Lands and Tenements or any Part
thereof for the Purpose of enabling me to become a Mem-
ber of the Senate of Canada [or as the Case may be], and
that my Real and Personal Property are together woith
Four Thousand Dollars over and above my Debts and
Liabilities.

'll'

APPENDIX I.

(See page ;?).

GOVERNMENT HOUSE.

Halifax, Nova Scotia, 3rd October, 1864.
My Lord,

I Lave the honour to acknowledge the receipt of your Des-
patch of the 2;jrd ult.,* which reached me on the 30th ultimo,
transmitting a C(ypy of an approved Minute of the Executive
Council of Canada, dated the i>3rd of September, 1804, and
inviting me to name a deputation toi represent Nova Scotia in
the approaching Conference at Quebec on the 10th inst.

In reply I have the honour to state for your Lordship's infor-
mation that I have laid your despatch and its enclosure before
my Ministry, and I have ai)iK)inted the Hon. Provincial Secretary,
The Hon. Attorney General, The Hon. R. B. Dickey, the Hon.
Jonathan McCully and Adams (}. Archibald, Esqr., to form a de-
putation to meet the Delegates from the other British North
American Provinces in Conference at Quebec on the 10th. inst.,
as proposed in Your Lordship's despatch.
I have the honour to be My Loi'd,
Your most obedient servant,

RICHARD GRAVES MACDONNELL.

Lieut. Governor.
His Excellency,

Viscount Monck,

Governor-General, &c., &c., &c.

Province of Nova Scotia.

R. G. MACDONNELL, Lt.-Governor.

By His Excellency, Sir Richard Graves MacDonnell, Knight
Companion of the Most Honourable Order of the Bath,
Lieutenant-Governor and Commander-in-Chief in and
over Her Majesty's Province of Nova Scotia and its
Dependencies, &c., &c., &c.

• See Appendix No. IV.

APPENDIX.

295

bor, 1864.

f your Des-
mth ultimo,
} Executive
, 1804, and
ra Scotia in

St.

Isbip's infor-
jsure before
i\ Secretary,.
jy, tlie Hon.
o form a de-
ktish Nortli
lOtli. inst.,

To Hon. 01uule.s Tujumt, Provincial Secretary; Hon. Wil-
liam A. Henry, Attorney General ; Hon. Jonathan McCnlly, M. L.
Council ; Hon. Robert B. Dickey, SI. L. Council ; Adams Gr. Archi-
bald, M.P.P.

GREETING :

By virtue of the power and authority in me vested, I have
ihoujfht fit to constitute and appoint, and do, by the advice ol
the Executive Council of the said Province, hereby, during plea-
sure, constitute and appoint yo\i, the said Charles Tupper, Wil-
liam A. Henry, Jonathan McCully, Robert B. Dickey, and Adams
O. Archibald, to be Delegates to confer ui)on the question of a
Union of the British North American Colonies at a Conference
to be held at Quebec on or about the tenth of October, A.D., 1864.

Hereby granting unto you all the rights, powers, and advan-
tages which to the said office do or may lawfully appertain, and
requiring you diligently to perform the duties thereof.

Given under my Hand and Seal at Arms, at Halifax, this
Third Day of October, in the Twenty-eighth year of
Her Majesty's Reign, A.D., 1864.

By His Excellency's Command,

JAMES H. THORNE, Deputy Secretary.

S^NELL.
Governor.

nell. Knight
of the Bath,
:hief in and
otia and its

296

APPENDIX.

APPENDIX II.

(See 2m[/e o.)

(}ov£*rnment House,

I*i'ince Edward Island, Otli October, 1864.

My Lord,

I have the honour to acknowledge the receipt this day of your
despatch dated 23rd September,* transmitting to me a copy
of an Approved Minute of the Executive Council of Canada,
respecting . proposal to hold at Quebec, on the 10th October, a
Conte''ence of Delegates from the Maritime Provinces with tjie
Ministers of Canada to consider the question of a Union of these
Provinces.

Y(»ur Lordship invites me to name a Deputation to represent
P. E. 1. at thi'i approaching Conference.

I have accordingly with the advice of my Ministers named
the following gentlemen, who will, I understand, proceed today,
to Quebec in order to be present there on the 10th inst :

The Hon. J. H. Cray, P. Ex. C.

The Hon. Edward Primer, Att'y Gen'l.

The Hon, W. H. Pope, Col. Sec'y.

The Hon. D. Davies, M.P.P.

The Hon. A. A. Macdonald. M.L.C.

The Hon George Coles, M.P.P.

The Hon. T. H. Haviland, M.P.P.

The Hon. Edward Whelan, M.P.P.

I have the honour to be, &c., &c., &c.,

GEORGE DUNDAS, Lieutenant-Governor.
The Right Hon'ble. Viscount Monck, &c., &c., &c.

See Apiiendix IV.

APrEN'DIX.

297

APPP]NDIX in.

(Sec i>u[/e -Kv Xofe )

Fredericton, April, 1865.

to represent

:-Grovernor.

My Lord,

Upon the 12th November last your Lordship did me the
honour to address to me a Despatch enclosin}; a Copy of the Re-
utions agreed to by the Delegates appointed to consider the
question of a Federation of the liritish North American Pro-
vinces.

To the copy so transmitted the following certificate was at-
tached : — " I certify that the above is a true copy of the original
report of the Resolutions adoi)ted in Conference.''

i:. P. TACHl^:, Chairman."

In this copy the 24th Resolution stands as follows : —

" 24. — The Local Legislature of each I'rovince may from time
to time alter the Electoral Districts for the purpose of Represen-
tation in the House of Connnons, and disti-ibute the Representa-
tives to which the Province is entitled in any manner such Legis-
lature may think fit."

In the copy of the Resolution presented to me on their return
by the Delegates from this Province rhe same words are found.

In the papers laid liefore both Houses of Parliament by com-
mand of Her Majesty on the subject of the proposed Federal
Union, a Despatch addressed by your Lordship to the Secr(?tary
of State for the Colonies on the 7th November, w ill be found {at
page 4) transmitting to ^Ir. Cardwell a copy of the Resolutions,
in which also the 24th Resolution is couched in the same words,
and the accuracy of which copy is a.so certifiwi by Sir E. P.
Tache.

My attention has, however, been called to the fact that in the
papere laid before the Canadian Parliament and transmitted to
me by Your Lordship on the 30th January last, although the

298

APPENDIX,

!• V'ln

jf'f

same Despatch from Your Lordship to the Secretary of State is
printed at Page 3, the enclosure reads somewhat differently —
the 24th Resolntion standing as follows : —

'* 24. — The Local Legislature of each Province may from time
to time alter the Electoral Districts for the purpose of Represen-
tation in such Local Legislature and distribute the Representa-
tives to which the Province is entitled in such Local Legislature
in any manner such Legislature may see fit."

This alteration is not altogether unimportant. In the one
copy, the Resolution refers to the House of Commons of the Fed-
eral Legislature, in the other, to the Local Legislature alone.

I am requested by my ad\ isers to ask Your Lordship to have
the goodness to explain the cause of this discrepancy and to In-
form me, after directing a reference to the oi-iginal document,
which is, I presume, preserved at Quebec, which version was in
fact that signed by the Delegates.

From the circumstance that in the papers laid before the
English Parliament the same words occur as in the copy for-
warded to me by Your Lordship on the 12th of November, it
\vouM appear that the Copy certified by Sir E. 'i'ache, is correct
and that the inaccuracy has arisen in copying the documents to
be laid before the Canadian Parliament.

I am further requested to state that the Delegates from this
Province have never authorized any alteration in the Resolution
as signed by them, and that indeed their assent to any such alter-
ation has never yet been sought.

I have, etc.,

ARTHUR GORDON.

The Right Hon'ble Viscount Monck, &c., &c., &c.

Provincial Secretary's Office, 4th May, 1865.

The undersigned has had the honour to receive a letter from
Your Excellency's Secretary covering a copy of a Despatch from
the Li< ^itenant Governor of New Brunswick, asking for certain
information in reference to the proceedings of the Quebec Con-
ference, and he now begs to submit for Your Excellency's infor-
mation the following report : —

APPENDIX.

299

iion was in

The 24th Resolution of the Quebec Conference as it stands
in the original report by certain Members of the Conference (and
which report is now in the i)ossession of the undersigned) is in
the words and ligures following : —

''The Local Legislature of each Province may from time to
"tin^i alter the Electoral Districts for the purpose of Represen-
" tation in the House of Commons, and distribute the Represen-
"tatives to which the Province is entitled in any manner such
" Legislature may think fit."

In the papers submitted to the Canadian Parliament the 24:th
Resolution was made to read as follows : —

" The Local Legislature of each Province may, from time to
time, alter the Electoral Districts for the purposes of Represen-
tation in such liOcal Legislature, and distribute the Representa-
tives to which the I'rovince is entitled in such Local Legislature,
in any manner such Legislature may see fit."

The above change was made because it was found that the
Resolution as expressed in the original report, did not convey the
true meaning of the Conference. As Your Excellency is aware,
the proceedings of the Conference towards the close of its de-
liberations were very much hurried, and it was subsequently dis-
covered that several errors had occurred in revising and re-arrang-
ing its numerous resolutions which were adopted in the first in-
stance without that exactness of expression and logical sequence
so necessary in an instrument intended to present a complete
Scheme. Some of these errors were discovered and corrected at
Montreal, by the unanimous consent of the Delegates present at
a meeting held in that City for the purpose. There was no doubt
in the minds of the Canadian Delegates (when their attention was
called to the point) that the gentlemen who undertook the duty
of reducing into form the Minutes and Resolutions of the Con-
ference, had misapprehended the meaning of the Conference in
reierence to the subject embraced in the 24th Resolution. It
could never have been intended to destroy the independence of
every Member of the General Parliament by giving power to the
Local Legislature of his Province to " alter " and thus practically
to abolish his Constituency whenever by speech or vote lie might
happen to displease a majority of that Legislature. The power
to divide each Province into the proper number of Electoral Dis-
tricts in the first instance (as provided by the 2:Jrd Resolution)

m < i

i '•]

300

APPENDIX.

was given to the Local Legislatures ex necef^siiatf', but the power
to alter or re-adjust the Constituencies after Parliament is con-
stituted belongs naturally, logically, and according to every con-
stitutional precedent, to that Parliament, and not to an inferior
Body. The undersigned is informed that on discovering the error
in the 24th Resolution and also important errors in the 2l)th and
4:ird Resolutions, in reference to Export duties on Timber and
Coals, communication was had with the leading Members of the
Governments of the several Maritime Provinces.

The undersigned is also informed that answers were received
from those gentlemen expressing their concurrence in the sug-
gestions of the Canadian delegates as to the fact of error in both
cases and as tp the mode by which it was proposed to correct
them.

The undersigned regrets that he is unable to give to your
Excellency fuller and more precise information in consequence
of the absence from the country of those Members of the Gov-
ernment who conducted the correspondence referred to.

Respectfully submitted :

W. McDOUGALL, Secretary.
His Excellency The Governor-General.

APPENDIX.

301

; the power
lent is con-
) every con-
an inferior
tig the error
he 21)th and
Timber and
ubers of the

ere received

in the sug-

?rror in both

^d to correct

give to your
consequence
s of the Oov-
i to.

Secretary.

APPENDIX IV

{See pacjcs JO4, 296).

Quebec, 23rd September, lv«G4.

Sir, — I have the honour to transmit a copy of an approved
Minute of the Executive Council of (.'anada respecting the pro-
posal to hold a Conference of Delegates from the Colonies of
Nova Scotia, New Brunswick, Prince Edward Island and New-
foundland with the Ministers of Canada to coasidor the question
of a Union of these Colonies and to digest a scheme for the prac-
tical realization of the idea which may be submitted as embodying
tlie joint opinions of the Govemm'^nns of tlie several Provinces
to the Secretary of State for the Colonies with a view to obtain-
ing his sanction for legislation on the subject.

In conformity with the request contained in this ^finute I
have the honour to invite you to name a Jeiiutatiou to represent
your Province in the approaching Conference which will meet at
Quebec on the 10th October.

I have, etc.,

MONCK.

The Lieutenant Governors of Nova Scotia, New Brunswick,
Prince Edward Island, and the Governor of Newfoundland.

Copy of a Report of a Committee of the Honourable the Exe-
cutive Council, approved by His Excellency the Gov-
ernor-General in Council on the 23rd September, 1SG4.

The Committee of Council has the honour to inform Your
Excellency that the Deputation from the Executive Council who
met the Delegates from the Maritime Provinces, at Charlottes-
town, on the 1st instant, in accordance with the Order in Council

302

APPENDIX.

of the 29th ultimo, have reported that such Conference duly niet,
and that the question of a Confederation of the British North
American Colonies was discussed at length, and such progress
made, that it was thought desirable by the Conference tliat the
subject should be resumed in a formal and official manner under
the authority of the Government of the several Provinces.

The Committee have therefore the honour to advise and sub-
mit for Your Excellency's approval, that the several Governments
of Nova Scotia, New Brunswick, Prince Edward Island and New-
foundland, be invited to appoint delegates, under the authority
of the despatch of the Secretary for the Colonies to the Lieuten-
ant Governor of Nova Scotia,, dated Gth July, 1862, and com-
municated by the Colonial Office to Your Excellency by a des-
patch of the same date, to confer with the Canadian Government
on the subject of a Union or Federation of the British North Am-
erican Provinces.

The Committee beg leave further to recommend that Quebec
be selected as the place, and the 10th October next the time for
the me'^+ing, as they have ascertained that such time and place
will meet the views and convenience of the several Governments-
Certified :

W. H. LEE, C. E. C.

■t. : I

.s I

Al'PEXDIX.

308

L* duly met,
tish Noitb
h progress
ce that the
uner uuder
nces.

ise and sub-
overninents
id and Kew-
le authority
the Lieuten-
2, and cora-
!y by a des-
&overnment
1 North Am-

that Quebec
the time for
le and place
rovernments.

:, C. E. C.

APPENDIX V.

(See pwje o9.)

The Dulce of Newcastle to the Earl of Mulgrave.
Nova Scotia.

No, 182.

Downing Street, Gth July, 1802.
My Lord,

I have duly received Your Lordship's despatch, No. 47, of the
21st of May, accompanied by a copy of a Resolution which was
passed in the House of Assembly on the 15th of April, 18(51, rela-
tive to an amalgamation of part of all the British Provinces in
North America. The Resolution points out that the question
might be considered either of a distinct union of the Maritime
Provinces or of a general union of them with Canada and sug-
gests that it might be desirable upon so important a subject to
ascertain the policy of Her Majesty's Government, and to pro-
mote a consultation between the leading men of the Colonies.

Your Lordship explains that for various reasons your Gov-
ernment were of opinion that it would be inexpedient to act on
this Resolution last year, but that they now wish it to be brought
under consideration.

No one can be insensible to the importance of the two mea-
sures which are alluded to, and I am far from considering that
they do not form a very proper subject for calm deliberation.
They are, however, of a nature which renders it especially fit that
if either of them be proposed for adoption it should emanate in
the first instance from the Provinces, and should be concurred in
by all of them which it would affect.

I should see no objection to any consultation on the subject
amongst the leading members of the Governments concerned, but
whatever the result of such consultation might be, the most satis-
factory mode of testing the opinion of the people of British North

304

APPENDIX.

;) •.;i

America would probably be by means of Resolution or Address,
proposed in the Lef^islature of each Province by its own Govern-
ment.

Beyond this expression of the views of Her Majesty's Govern-
ment as to the preliminary steps which might be taken towards
the decision of this great question, I am not prepared to an-
nounce any course of policy upon an invitation proceeding from
one only of the British North American Provinces, and contained
in a Resolution of so general and vague a character as that which
you have transmitted to me. But if a Union, either partial or
comj)lete, should hereafter be proposed with the concurrence of
all the Provinces to be united, I am sure that the matter would
bh* weighed in this country boih by the public, by Parlijnnent,
and by Her Majesty's Government, with no other feelings than
an anxiety to discern, and to promote any course which might
be the most conducive to the prosperity, the strength and the
harmony of all the British Communities in North America.

I have, etc.,

NEWCASTLE.
The Right Honourable The Earl of Mulgrave, etc., etc., etc.

(

i*M

APPENDIX.

305

1 or Address,
own Govern-

sty's Govern-
iken towards
pared to an-
ceeding from
nd contained
fis that which
ler partial or
)ucurrence of
matter would
r ParlijMuent,
feelings than
which might
Qgth and the
America.

tVCASTLE.

etc., etc.

APPENDIX VI.

Westminster Palace Hotel,
My Lord, London, S.W., Dec. 4tli, 18(>0.

I have the honour to inform you that the Delegates from the
Provinces of Canada, Nova Hcotia, and New Brunswick, met this
morning, and formed themselves into a Conference for the pur-
pose of arranging the terms of Union of those Provinces.

The Gentlemen forming the Conference are as follows :—

Canada.

The Hon. John A.Macdonald, Attorney General U. C, and
Mmister of Militia of Canada.

The Hon. G. E. Cartier, Attorney General of Lower Canada.

The Hon. A. T. Gait.

The Hon. W. McDougall, Provincial Secretarv.

The Hon. W. P. Howland, Minister of Finance.

The Hon. H. L. Langevin, Postmaster General.

Nova Scotia.
The Hon. Charles Tupper, Provincial Secretary.
The Hon. W. A. Henry, Attorney General.
The Hon. J. W. Ritchie, Solicitor General
The Hon. J. McCully.
The Hon. A. G. Archibald.

Nkw Brunswick.

The Hon. P. Mitchell, President of Council.

The Hon. R. D. Wilmot.

The Hon. S. L. Tilley, Provincial Secretarv.

The Hon. Charles Fisher, Attorney General

The Hon.J. M. Johnson.

I have the honour further to inform Your Lordship that I
was then appointed Chairman, and Lieut.-Col. H. Bernard Secre-
tary of the Conference. '

I have the honour to be, My Lord,

Your Lordship's most obedient servant,

^^^ J?u * 5''''''"'^^'^ JOHN A. MACDONALD

The Earl of Carnarvon,

Secretary of State for the Colonies.

POPK CON.— 20

^■1

906

AI'PKNDIX.

WVstminHtcr Paliuv Ilotel,

London, 25th inMcnibor, \HWt.
Dear Lord Carnarvon,

I am happy to inform you that the DclejjateH who have sat
steadily from the 4th to tlie 24th inst., have arrived at a satisfac-
tory conclusion, and have adopted by the unanimous vote of the
Provinces, a series of resoluticms which I shall transmit to-mor-
row morning to Your Lordship at the Colonial Office.

The Delegates desire me to convey to you their opinion that
it is expedient to avoid any publicity being given to the resolu-
tions until the Bill is finally settled and ready to be laid before
Parliament. They think that their early publication would an-
swer no good purpose, and might tend to jjremature discussion
on imperfect information of the subject both in this country ana
America. Believe me,

Dear Lord Carnarvon,

Very sincerely yours,

The Rt. Honourable JOHN A. MACDONALD.

The Earl of Carnarvon,

Secretary of State for the Colonies.

i I

i j^

' m

Westminster Palace Hotel,

London, December 20, 18(50.
My Lord,

I have the honour to transmit to you br d- sire of the
Conference of Delegates from Canada, Nova Scolia and New
Brunswick, a series of resolutions. They suVitru. these resolu-
tions for the favourable consideration of Her Majesty's Govern-
ment with a view to the early introduction of a Bill into the Im-
perial Parliament based upon them.

The Delegates purpose to re-assemble here on Friday, the
28th inst, and shall be glad to wait on Your Lordship at your
convenience for the purpose of arranging the course of action.

I have the honour to be. My Lord,

Y'our Lordship's very obedient servant,

JOHN A. MACDONALD.
The Right Honourable The Earl of Carnarvon.

AI'I'KNDIX.

•Ml

'1,

er, ISC.r..

have sat
a satisfac-

vote ot the
luit to-inor-

pinioD that
the ivsoln-
laid before

1 would an-
? discussion
country ana

■8,

DONALD.

itol

gii-e of the
and New
Ihese resolu-

ty's Govern-
linto the Im-

I Friday, the
[hip at your
lof action.

)ONALD.

Downing Street,

USth IhM'einlter. ISCO.

Sir, — I am direeted by the Karl of <'.iriiarv(»ii to a<'kno\vledj;o
Ihe receipt of your letter of the litlth instant, forwai'dinj? resolu-
tions in which the Delepites from Canada, \4>va Scotia and New
llrunswieii have embodied the principles on Aviiich they desire
that a Hill may be introduced into I'arliament for the I'uion of
those Provinces.

Lord Cainarvon will at once ^-ive his careful attention to
these resolutions, and as soon as His Lordsliip shall have iuid
time to Kive them the consideration which they require, he will
not delay to tix a day and hour when he may have tin* i)leasure
of conferring with you and tin? other fj;entlemen who are acting
with you on the siibject.

I am, sir, yonr obedient servant,

FREDERIC R()(JERS.

The Honourable .John A. Macdonald.

Privnt'-'.

Hij^hclere Castle,

Newbury, 2Sth I)eci'ml)er, 18(10.
My Dear Sir,

I received this morning your olhcial letter and the resolu-
tions of the Delegates.

I found it difficult to consider them in tlieir present form
and have sent them to London to-day to be i)nt into type ; but [
will on their return to me lose no time in giving them my best
attention. I will communicate with you, as so(hi as I have suf-
ficiently mastered the changes introducwl, to fix a meeting with
yourself and the Delegates.

I quite agree in the expediency of considering the resolutions
private for the present.

Believe me, my dear Sir,

Yours very faithfully,

CARNARVON.
The Hon. J. A. Macdonald.

308

APPENDIX.

Westminster Palace Hotel,

London, Feb. 28, 18^57.
My Lord,

I have the honour to forward you ai Resolution adopted by the
Delegates from Canada, Nova Scotia, and New Brunswick, relat-
ing to Prince Edward Island, and to request that it may be com-
municated, should Your Lordship see no objection, to the Govern-
ment of that Colony.

T have the honour to be. My Lord,

Your Lordship's very obedient servant,

JOHN A. MACDONALD,

Chairman of Conference.

The Rt. Hon.

The Earl of Carnarvon,

Secretary of State for the Colonies.

Resolved —

That in ease the colony of Prince Edward Island should here-
after desire to join the Confederation of Canada, this Conference
recommend that the Government of the Confederation should
deal with the question of compensation for the proprietary rights
in the Island, in the most liberal spirit.

That this preceding Resolution be communicated to the Rt.
Hon. the Secretary of State for the Colonies.

Quebec, 29th November, 1866.

My Lord, — I have the honour to transmit herewith to Your
Lordship an address to Her Majesty the Queen from the Provincial
Association of Protestant Teachers of Lower Canada, and to request
that it may be laid at the foot of the Throne.

I have, etc.,

MONCK.

The Eight Honourable the Earl of Carnarvon, etc., etc.

•tel,

•. 28, 18^)7.

opted by the
3wick, relat-
nay be com-
the Govern-

jnference.

should here-

Conferenee

tion should

etary rights

i to the Rt.

her, 1866.

ith to Your
e Provincial
id to request

MONCK.

APPENDIX.

309

Downing Street, 17th December, 1866.
My Lord,--! have the honour to acknowledge the receipt of
It our Lordships despatch, No. 203. dated the 29th November last
. enclosing an address to Her Majesty from the Provincial Associa-
tion of Protestant Teachers of Lower Canada, complaining of
certain alleged grievances in the educational system at present in
force m Lower Canada, and praying that provisions may be intro-
duced in o the proposed Imperial Act of Confederation calculated
to protect the educational interests of the Protestant inhabitants of
Lower Canada.

The question of education is one of the important subjects
which may be expected to be discussed by the North American
Delegates when in conference in this country, and the present
memorial, which has been duly laid at the foot ol the Throne
shall then receive full consideration.

I have to request you to communicate to the Memorialists the
substance of this despatch.

I have, etc.,

The Right Honourable Viscount Monck, etc., etc.

CARNARVON.

TO THE QUEEN'S MOST EXCELLENT MAJESTY-

Ihe Petition of the Provincial Association of Protestant Teachers
ot Lower Canada,

Humbly sheweth : —

That, notwithstanding the legislative union of Upper and
Lower Canada, there exists in each portion of the united provinces
a distinct educational system.

That, under the educational law of Lower Canada, and in
consequence o the denominational character of the schools of the
Roman Catholic majority, your Majesty's subjects professing the
Protestant fai h are subjected to serious disadvantages : tirst in
being deprived of the benefits of a general system of education
similar to that enjoyed by their fellow subjects in Upper Canada •
.secondly, in their liability to be taxed for the suppoH of Roman

\ ;

.'}'

h r

)

310

APPENDIX.

Catholic schools; and thirdly, in the difficulties which they exper-
ience in establishing non-denominational or separate schools and
seminaries of higher education for themselves.

That, though the injury thus inflicted on education has been
the subject of frecjuent complaints on the part of the Protestant
population, and, as j-our petitionei's believe, has tended to dis-
courage the settlement of Protestants in this Province, and has
caused many families to leave this country for others in which
they might avoid such inconveniences, no remedy has hitherto
been granted by the Legislature.

That, in prospect of the Confederation of the Provinces, under
the constitution adopted at the Quebec Conference, by which it
was proposed that education should be under the control of the
local legislatures, the Protestants of Lower Canada became alarmed
lest they should continue to labour under those disadvantages :
and, to alia}'' the feeling thus generally existino-, solemn pledges
were made by members of the Government, that the grievances
complained of should be redressed by Parliamentaiy action before
Confederation.

That, though a bill for this purpose was introduced by Gov-
ernment in the last session of the legislature, it was almost
immediately withdrawn ; and unless provisions to this end can be
introduced into the Imperial Act of Confederation, your menu rial-
ists fear that their educational rights will be left to the control
of the majority in the local legislatures without any guarantee
whatever.

That, while your petitioners wouM prefer a general and non-
denominational system of education, they believe that so long as
the present system of separate schools shall continue in Lower
Canada, they may justly claim the following privileges as consti-
tutional rights which should in no way depend on the vote of the
local legislature.

1. That all direct taxes for the support of schools, paid by
Protestants, unless otherwise designated by theuiselves, should be
applied to Protestant, or non-denominational education ; and that
all public money given for the same purpose should be divided
between Piotestants and Roman Catholics in proportion to popu-
lation.

they cxper-
schools and

•n has been
Protestant
ied to dis-
;e, and has
s in which
as hitherto

noes, under
»y which it
trol of the
lie alarmed
-dvantao-es :
inn pledges
jjrievances
;tion before

3d by Gov-
vas ahnost
end can be
' nieuiv rial-
tlie control
guarantee

fil and non-
i so long as
; in Lower
!S as consti-
vote of the

Is, paid by
i, sliould be
; and that
be divided
on to popu-

APPENDIX.

311

2. That suitable and adequate provision should be made for
the protection of the educational interests of Protestants, in the
management of educational funds, the establishment and proper
classification of schools and institutions of superior education, and
generally in the administration of educational affairs.

Wherefore, your memorialists humbly pray your Most Gra-
cious Majesty to take their case as above stated into your favour-
able consideration, with a view to the introduction of proper and
just safeguards into the Imperial Act of Confederation, should
such Act be passed.

And your petitioners will ever pray.

(Signed by the President of the Association and others.)

Montreal, Nov. 23rd, 1866.
To the Honourable G. E. Cartier,

Attorney-General, &c., &c. :

Sir,— I am directed by the Executive Committee of the Pro-
vincial Association of Protestant Teachers of Lower Canada to
transmit to you a copy of the enclosed memorial.

The Committee, believing that the objects sought by the
petition will commend themselves to your approval, and being
assured that they are regarded as of the most vital importance by
the Protestant population of Lower Canada, beg leave, respectfully,
to solicit your support and countenance to the prayer of the
petitioners.

I have the honour to be,

Your most obedient servant,

P. J. DAREY, M.A.,
Secretary of tiie Provincial Teacliers' Association.

'm-

INDEX OF NAMES.

! \

,1 V

Adderley, Rt. Hon. Sir Charles B.. K/J.M.G.,

Under Secretary of State for ^Ve Colonies,

PAGE

/ Archibald, Adams G.,

Member House of Assembly, Nova Scotia, - 2, 4,
7, 9, 18, 27, 28, 59, 64, 66, 68, 76, 94, 111,

115, 117, 119, 122

Bernard, Hewitt,

Secretary Quebec Conference,
Secretary London Conference,

G, 11, 86
- 95

"2_ Brown, George,

President of the Executive Council, Canada, - 1,
4, 7, 9, 19, 21, 58, 59, 61-67, 71, 72, 74-77,

80, 85

3) Campbell, Alexander,

Commissioner of Crown Lands, Canada, - 2, 4, 5, 14

Carnarvon, The Earl of,

Secretary of State for the Colonies,

305-807, 809

Carter, F. B. T.,

Speaker House of Assembly, Newfoundland, - 4, 5,

7, 60, 75

Cartier, Geo. E.,

Attorney-General, Lower Canada, - 1, 4, 37, 75, 94,

111, 117

Chamberlin, B.,

Press representative, Quebec Conference, - 8, 36

PAGE

2.4,

111.

119,

122

3.11,

- 1,

i-77,

80,

4.5,

-807,

809

4,5,

.60,

,94,

111,

117

8, 36

INDEX OF NAMES.

313

FAQB

Chandler, E. B.,

Member Legislative Council, New Brunswick, - 3,

4, 54, 61, 75, 76. 78. 84, 85, 87,' 88
Chapais, J. C,

Commissioner of Public Works, Canada, - 2, 4
CocKBURN, James,

Solicitor-General, Upper Canada, - - 2, 4
Coles, George,

Member House of Assembly, P. E. Island, . 4, 16,

27, 53, 61, 65, 68, 69, 70, 71, 72, 73,' 80,' 85
Darey, p. J.,

Secretary Provincial Association of Protestant

Teachers of Lower Canada, - . .311

Davies, Daniel,

Member Executive Council, P. E. Island, - . 296
Day, S. p.,

Press representative, Quebec Conference, - 7, 8, 10
Dickey, R. B.,

Member Legislative Council, Nova Scotia. - 2, 4,

5, 9, 11, 59, 73, 75. 76, 77, 81, 85,' 87
DuNDAS, George,

Lieutenant-Governor of P. E. Island, - - 3, 296
Fisher, Charles,

Attorney-General, New Brunswick (in 1866), - 3
4. 9, 13, 63, 59-62, 66, 73, 75, 88, 94, 95, 111',

. ^ 116,117,118,120,' 121

Galt, a. T.,

Ministerof Finance, Canada, - 1,4,17 25 33
34, 37. 38, 62, 63, 66, 67, 68, 7o! 72^ 79,' 80,'

r XT » 82,94,111,112,117,' 121

Gordon, Hon. Arthur, » ^^^

Lieutenant-Governor of New Brunswick, - 3, 298
Gray, J. H,

Member House of Assembly, New Brunswick, - 3,

4, 64, 80, 83, 86, 87'. 88

314

INDEX OF NAMES.

PAGE

Gkay, J. H.,

President Executive Council, P. E. Island, - 3, 4,

7, 10, 12, 28, 70, 71

Haviland, T. H.,

Member House of Assembly, P. E. Island, - 4, 53,

68, 70, 72, 73, 85

Henry, W. A.,

Attorney-General, Nova Scotia, - 2, 4, 9, 13, 14,

62, 75, 78, 80, 81, 87, 94, 111, 114, 116, 117, 118

HOWLAND, W. P.,

Minister of Finance, Canada,

94, 111, 118, 122

Johnson, J. M.,

Attorney-Geaeral, New Brunswick (in 1864), - 3,

4, 67, 87, 88, 94, 111, 116, 118, 121

Langevin, H. L.,

Solicitor-General, Lower Canada, - 2, 4, 94, 119

Lee, W. H.,

Clerk Executive Council, Canada,

Lindsey, Charles,

Press representative, Quebec,

- 302
8, 36

Mitchell, Peter,

Member Executive Council, New Brunswick, - 3,

4, 9, 18, 94, 111, 116, 120, 121

MoNCK, The Viscount,

Governor-General of Canada, - - - 301, 308

Mowat, Oliver,

Postmaster-General, Canada, - 1, 4, 11, 27, 28,

29, 30, 31, 38, 81, 82, 84, 87

MuLcjRAVE, The Earl of,

Lieutenant-Governor of Nova Scotia, - - - 303

Macdonald, Andrew A.,

Member Legislative Council, P. E. Island, - 4, I'i

PAOB

3,4.

!8. 70.

4,63.

2,73,

.3, 14,

,117.

118

,118,

122

- 3,

,118,

121

4,94.

119

302

- 3.

,120.

121

301, 308

7,28.

2,84.

803

■ 4,

INDEX OF NAMES,

315

PAOB

Macdonald, John A..

Attorney-General. Upper Canada, - 1, 4, 5, 6,
10, 11, 12, 14, 15, 20-24, 29, 32, 33*, 38, 53*
54-59,64-66.73, 74. 77-82, 86,94, 111,112!

115, 116, 117, 119, 120, 121, 122. 305, 306,' 308
MacDonnell, Sir R. G.,

Lieutenant-Governor of Nova Scotia, - . 2, 294
McCuLLY, Jonathan,

Member Legislative Council, Nova Scotia, - 2 4
15, 18, 22. 23, 24, 38, 60, 61, 63, 64, 65, 68. 73
74, 76-81, 86, 88, 94, 95, 111. 116, 119, 121, 122

McDoUGALL, WiLLlAJI,

Provincial Secretary, Canada, - 2, 4, 5, 66, 76,

94, 111, 112, 115', 120, 121,' 300

McGee, T. D'Arcy,

Minister of Agriculture, Canada, - 2. 4, 5. 13, 14,

28, 75.' 81
Newcastle, The Duke of.

Secretary of State for the Colonies, - - - 804

Palmer, Edward,

Attorney-General, P. E. Island, - 3, 4. 5, 13, 53,

60, 69, 71 '80.' 87
Pope, William H.,

Colonial Secretary, P. E. Island, . 3, 4, 14, 72, 73
Ritchie, J. W.,

Solicitor-General, Nova Scotia, - 94, 111, 116, 117, 121
RooERs, RiR Frederick, Bart.,

Permanent Under Secretary of State for the Colonies. 307
Shea, Ambrose,

Member House of Assembly, Newfoundland. - 4,8,

17. 61, 63, 68,' 69
Steeves, William H.,

Member Legislative Council, New Brunswick, - 3, 4

316

INDEX OF NAMES.

PAOB

Taoh£, Sir E. P.,

Beceiver- General and Minister of Militia, Canada,

1,4,37,69, 75

Thorne, James H.,

Deputy Provincial Secretary, Nova Scotia, - - 296

TiLLEY, S. L.,

Provincial Secretary, New Brunswick, - 3, 4, 6,
6, 9, 11, 12, 24, 66, 67, 68, 75, 79. 82, 83, 94,

95, 111, 114, 116, 118

TuppEB, Charles,

Provincial Secretary, Nova Scotia, - 2, 4, 5, 9,
12, 13, 15, 16, 37, 38, 61, 62, 63, 65, 67, 74, 75,
76, 79, 80-85, 88, 94, 95, 111, 116, 116, 117,

118, 120

Whelan, Edward,

Member House of Assembly, P. E. Island, • 4, 5,

7, 60, 70, 71

WiLMOT, B. D.,

Member Executive Council, New Brunswick, - 94,

111, 116, 119, 120

FAOE

la,

7,69, 75

- 295

INDEX OF SUBJECTS.

4,6,
i. 94,
116, 118

5,9,
,75,
117,
118, 120

4,5,

, 70, 71

Admission of Other Colonies Into the Union—

Provision for— 14, 31, 40, 124, 13(], 176, 210-1, 246-7, 282-3.
AoRicnLTDRE-23, 25. 27, 45, 46, 80, 81, 104, 105, 132, 133, 169, 191, 210,

238, 272.
Agriculture and Immigration

Concurrent Powers of Legislation, respecting— 80, 133, 155-6,
175, 210, 238, 272.

ARBITRiTION IN ReSPECT OF DeBTS BeTWEE.V OnTARIO AND QuEBEC —

207, 245, 281-2.
Armouries, Drill Sheds, Etc.— 25, 49, 108, 136, 193, 291.

94.
119, 120

Bankruptcy and Insolvency— 23, 24, 44, 103, 131, 153, 168, 191, 234, 268.
Banks and Banking— 23, 24, 44. 60, 103, 131. 153. 168, 191, 234, 'J68.
Beacons, Buoys and Lighthouses— 23, 24, 44, 103, 131, 153, 168 191
238, 268. ' '

Bills of Exchange and Promissory Notes— 23, 24, 44 103 131 153
168, 191, 234, 268. • ' . .

Borrowing of Money, The -23, 24, 27, 29, 43, 46. 102, 105, 130 133

151, 153, 167, 173, 190, 200, 233, 235, 268, 269.
British Columbia —

Provision for Admission of— 31, 40, 99-100, 124, 156, 176 210
246, 282-3.

Canals— 25. 49, 108, 136, 193, 291.

Census, The-23, 25, 44, 101, 103, 131, 153, 168, 191, 214, 233, 268.

Consolidated Revenue Fund of Canada—

Creation of— 170, 192, 239, 273.
Consolidated Revenue Funds, Proviucial— 242, 277.

318

INDEX OF SUBJECTS.

C0PYBIOHT8 -23, 25, 44, 103, 131, 153, 168, l&l, 234, 208.
Criminal Law —

Administration of— 23, 25, 44, 81, 103, 131, 154, 1(18, 191, 234, 268
CoBKENCV AND CoiNAdE— 23, 24, 44, 103, 131, 153, 168. 191, 234, 268.
Cu8roM8-22, 24, 43, 79.

!> ;U

v^,

Debt, Public — See " Public Debt and Property."

Defence— 23, 44, 50, 103, 153, 168, 191, 233, 268.

Disallowance by The Qdeen— 81, 48, 49, 107-8, 129, 130, 149, 167, 189,
224, 260.

Disallowance by Governor-Genebal— 31, 48, 49, 107-8, 130, 209, 267.
Distribution of Legislative Powers— 22-25, 27-31, 43-48, 79, 102-108,
150-156, 167-174, 190-201, 233-237. 267-271.

Divorce— 23, 44, 103, 131, 153, 168, 191, 234, 268.

Education —

Provisions respecting— 27, 28, 29, 47, 106-7, 112, 134, 135,154,
155, 173-4, 201, 236-7, 271, 308-311.

Electoral Districts of Ontario — 284-290.
Electoral Districts of Quebec, Specially Fixed — 291.
Excise- 22, 24, 43, 80.
Executive Councils, Provincial —

Formation of— 204, 226, 261.
Executive Poweb —

Vested in the Queen— 21, 39, 74, 99, 123, 159, 181, 214, 250.
Exemption Public Lands from Taxation — 48, 107, 135, 196, 242, 277.

Federal System —

Creation of— 5, 6, 8, 39, 59, 77, 84-7, 158, 177, 212, 248.
Ferries— 30, 44, 103, 131, 168, 191, 234, 268.
Financial Arrangements Between the Dominion and the Provinces —

26, 34, 50, 82-84, 109-110, 114, 136-7, 192-6, 238-242, 273-277.
Fisheries, Sea Coast and Inland— 23, 25, 27, 29, 44, 47, 103, 131, 153,

168, 191, 233, 268.
French Language —

Provision for official use of— 33, 48, 107, 135, 166, 176, 176,
210, 243, 279.

INDEX OF SUBJECTS.

319

GoVERNOB-GENKnAL —

Office of— 74, 142, 214, 250 ; Salary of— 171, IflS, 215, 239, 274.

GoVERNOn-GKNEIlAL IN COUNCIL —

Powers of— KiO, 182, 215, 250-1.
Great Seals of Ontario and Quebec— 90, 204, 227, 280.

HAKnouRH, Puiiuc— 25, 49, 108, 136, 193, 291.

Hospitals, Asylums, Etc.— 27, 29, 47, IOC, 134, 151, 173, 200, 235, 269.

House of Commons —

Constitution of— 19. 20, 41, 99, 126, 146-8, 163-6, 185-9, 219-223,
255-9; Electoral districts— 20, 42, 186, 220, 256; Qualifi-
cation and Disqualification of Members of— 102, 147, 187-8^
221,257; Officeof Speaker of— 128, 166, 188.222,238; Quorum
of— 128, 166. 189, 222, 258 ; Voting in-128, 166, 189, 222,
258; Duration of— 43, 102, 128, 165, 189, 223, 2.58 ; Adjust-
ment Representation in— 29. 41, 42, 66-73, 101-2, 139, 147-8,
164, 186-7, 222-3, 258-9.

Immigration— 23, 25, 27, 29, 45. 46, 104-5, 132-3, 169, 191, 210, 238, 272.
Incorporation of Companies- 47, 106, 134, 152, 173, 200, 235, 270.
Indians- 30, 44, 103, 131, 153. 168, 191, 234, 268.
Insurance. Firb and Life Companies— 30, 88.
Intercolonial Railway—

Provision respecting— 52, 95, 1101, 176, 211, 246. 282.
Interest— 23, 24, 44, 103, 131, 153, 168, 191, 234, 268.

Judicature —

Appointment of Judges— 32, 45, 104, 130, 209, 232, 272-3 ; Tenure
of office, ib. ; Salaries— 32, 45, 105, 233, 273 ; General Court
of Appeal— 23, 45, 85, 104, 132, 155, 169, 192, 237, 273.
Justice —

Administration of— 27, 47, 82, 106, 134, 173, 200, 236, 270.

'if

820

INDEX OF SUUJECTH.

EiNODoM or Canada, Thk— 159, 178, 181.

ill

l&i

Landh. Public— 27, 29, 47, 49, 106, 134, 151, 178, 200, 285, 209.
Lanodaoe —

Provision for dual— 33, 48, 107, 135, 156, 175-(5, 210, 243, 279.
Legal Tender— 28, 24, 44, 103, 131, 153, 168, 191, 234, 208.
Leoiblativb Abhrmbly or Ontahio —

Gon»titution of, etc.— 89-93, 175, 202, 205, 228, 263-6.

Leoiblative Assembly or Quebec —

Constitution of, etc.— 89-93, 175, 202, 205, 228-231, 263-6.

Leoislative Council — See " Senate."

Leoiblativb Council ok Quebec —

Constitution of— 90. 175, 197-8. 228-9, 263-4; Qualifications of
Legislative Councillors, ib. ; Resignation of, ib. ; Disquali-
fications of, ib. ; Speaker of, ib.; Quorum of — 198-9, 229,
264 ; Voting in— 199, 229, 264.

Leoislatube, Provincial, op Ontario— 6, 89-93, 175, 228, 263-6.

Lkoiblature, Provincial, of Quebec — 7, 89-03, 175, 228, 263-6.

Licenses—

Issue of— 27, 29, 47, 106, 134, 151, 172, 200, 235, 270.

LlEUTRNANT-GoVERNOB —

Creation of oifice of— 22, 46, 105, 132-3, 150, 172, 196. 225, 261
Appointment of— 76-8, 105, 130, 132-3, 172, 196, 225, 261
Tenure of— 22, 46, 105, 132, 138, 150, 172, 196, 225, 261
Salary of— 33, 150, 172, 225, 261 ; Administrator in absence
of— 112, 133, 227, 262 ; Styled " Superintendent "—150.

LioHTHouBES— 25, 49, 108, 136, 193, 291.

Local Leoiblatureb —

Constitution of— 174-5, 228, 263-6 ; Powers of— 27, 46-7, 74-76,
84-87, 105-107, 133-4, 150-2, 172-4, 199-201, 234-7.

Lumber Dues in New Brunswick— 38 note, 133, 277, .SOO.

Marine Hospitals— 106, 113, 134, 151, 173, 191, 200, 233, 235, 268, 269.

Marbiaob —

Solemnis^ation of— 106, 173, 200, 235, 270.

INDEX OK SUIUECTS.

821

Mabbiaok and DivoncE-'iS, 25, 44. 10;J. 131, lol, l,i;j, 168, 11)1. 234, 2»iH,

MiUTiA RoADH— 26, 4U, 108, 18H, 193, 2'Jl,

Militia Forckb —

Command of, ve»ted in the Queon-89, 115, 128, 142, 15l» Isi
215, 251.

MiUTiA, Milhahy and Naval SBBVioa— 2i, 25, 44, 103, 131, 153, mn
191, 233, 268.

Money Voter— 148.i>, 1»12, 166, 18'J, 224, 259.

Municipal Institutionh— 27, 2'.>, 47, 106, 134, 178, 200, 235, 270.

Natubalization and Aliens— 23, 25, 44, 103, 131, 153, 168, 191, 234, 268.
Navioatios and 8hippino-2.\ 44, 80, 103, 131, 153, 168, 191, 233, 268.
New Brunswick—

ConBtitution of Province — 139, 172-5, 199. 214, 231.2, -^m-,
Financial arrangements with— 26, 34, 60, 51, 82-4, 109- 110
187, 194-5, 240-1, 275-7.

JCWFOCNDLAND —

Invited to enter Confederation— 14 ; Provision for admission of
-40, 51, 99, 124, 156, 176, 210, 246-7, 282-3.
North-west Terbitort—

Provision for admission of— 8, 13, 31, 40, 62, 60, 99-100, 124,
210, 246, 28Si, 3.
Nova Scotia—

Constitution of Province — 139, 172-5, 199, 214, 231-2, 266;
Financial arrangements with— 26, 34, 50, 82.4, 109-110. 137,'
194-5, 240-2. 274-7.

■Oaths of Allegiance and ok OFPrcE- 202, 242-3, 278, 293.
Ontario —

Boundaries of Province of— 213, 219 ; Constitution of Provincial
Legislature— 89-93, 172-5, 197, 228. 263.
Ordnance Propebty- 25, 49. 108. 136, 193, 291.

Pardonino Power —

In whom vested— 29, 48, 107, IVi, i;:3.
pope con. — 21

322

INDEX OF SUBJECTS.

M (

■ I.
' 1 "i

f I

Parliamrnt of Canada —

Constitution of— 10, 39, Gl-73, 99, 123, 142, 160, 182, 215, 251 2 ;

Legislative Authority of — 22-5, 39-45, 87-8, 102-4, 130-2,

152-6, 167170, 190-2, 233-4, 2C7-9 ; Paramount Authority of

—30, 48. 107, 132, 169, 192.
Patents of Invention and Discovery— 23, 25, 44, 103, 131, 153, 168, 191,

234. 268,
Penitentiaries— 27, 29, 47, 103, 131, 154, 169, 191, 207, 234, 245, 281.
Postal Service--23, 24. 43. 102, 130, 153, 167, 190. 233, 268,
Powers of Parliament— .S« under " Parliament of Canada."
Powers of Provincial Leoiblatcres — S«!e under "Local Legislatures."
Prince Edward Island —

Provision for admission of— 111, 124, 210, 246, 282-3, 308.

Prisons, Public and Bbforuatokt— 106, 134, 161,156,173, 170, 200, 235, 269.

Privy Council —

Constitution of— 142, 160, 181, 214, 250.

Proclamation of Union— 142, 181, 213, 249, 281.

Property and Civil Rights- 27, 29, 47, 106, 134, 152, 173, 200, 235, 270.

Provinces —

Division of Canada into— 142, 21S, 249.

pRovwciAL Association of Protestant Teachers of Lower Canada—
Memorial to The Queen — 308-Bll.

PcBLic Debt and Property— 23, 43, 49, 102, 130, 153, 167, 190, 233, 268.

Public Lands- 27, 29, 47, 49, 106, 134. 151, 173, 200, 235, 269.

Public Works and Property— 23, 25, 49, 108, 136, 193, 239, 274, 291.

Quarantine' -30, 44, 103, 131, 153, 168, 191, 233, 268.
Quebec —

Boundaries of Province of — 213, 249 ; Constitution of Provii.oial

Legislature— 89-93, 172-5, 197-9, 228-231, 263-4 ; Electoral

Districts specially fixef^— 291.
Quern, The— See " Sovereign, The."

Railways— 26, 49, 108, 136, 193, 291.

Rb-adjubtioint of .Reprehentation in House of Commons— ;?9, 38 note,

41-2, 67, 101, 126-7, 147-8, 163-5, 186-7, 222-3, 258-9, 297-300.
Reservation of Bn,i,8— See " Royal Assent."

INDEX OF SUBJECTS.

BivER AND Lake Improvements— 25, 49, 108, 136, 193, 291.
Roads, Bridges, Etc.— 23, 24, 82.

Royal Assent— 48-9, 107-8, 149, 166-7, 189, 209, 224, 259-260.
Rupert's Land — See " North-west Territory. "

32:^

Sable Island- 103, 108, 136, 153, 193, 291.

Salaries of Public Officer8-132, 169. 192, 233, 268.

Savings Banks— 30, 44, 103, 131, 153, 168, 191, 235, 268.

Schools, Separate — See under " Education."

Seat of Government, Federal— 33, 49, 108, 185, 181, 215, 251.

Seats op Government, Provincial— 33, 49, 108, 135, 181, 228, 263.

Senate —

Constitution of— 11-18, 39, 99-101, 123-6. 1436, 160-1, 182-5,
216-19, 252-5; Appointment of Members of— 40, 61-6, 100,
115-19, 124, 143-6, 161, 183, 217, 253 ; Speaker of— 41. 100.
126, 146, 163, 185, 219, 255 ; Quorum of— 126, 146, 163, 18.'>,
219, 256.

Senators —

Number— 11-18, 39, 115 17, 123, 143, 162, 184, 216, 218, 2.')2, 254;
Qualifications- 15, 40, 120, 124-5, 145, 161, 183, 216-17, 253 ;
Tenure of Office— 14, 40, 124, 162, 184, 218, 254; Resigna-
tion— 14, 40, 126, 143, 185, 218, 251 ; Disqualifications -14,
40, 124 5, 144, 162, 184, 218-19, 254-5.

Sovereign, The —

Source of Executive Power— 39, 99, 123, 159. 181, 214, 250 ; Com-
mander-in-Chief of Militia and all Naval and Military
Forces— 21, 39, 99, 115, 142, 159, 181, 215, 251.

Speaker of the Senate— 41. 100, 126, 146, 163, 185, 219, 255.

" •• House of Commons— 128, 166, 188, 222, 2.'>8.

•*• " Legislative Council op Quebec— 90, 198, 229, 264.

" " " Assemblies op Ontario and Qu::bec — 202,

231, 266.

Steamships, Lines of— 26, 43, 103, 130, 151-2, 168, 190, 238, 270.

Subbutbs, Annual, to Provinces- 26, 34, 61, 109, 110, 137, 196, 241, 276-6i,

ScpRiMB Court op Appeal— 23, 45, 85, 104,182, 156, 169, 192, 237, 278.

Taxatioh— 2S, 24, 27, 29, 48, 46, 80, 102, 106, 180, 138, 151, 158, 167
172, 190, 200, 238, 235, 268, 269.

i 1.

■>t0^

''"'""'Va

^■*^^

824

INDEX OF SUBJECTS,

Teleobaphs— 23, 25, 43, 103, 131, 1C8, 191.

T0WNSBIP8 IN Quebec —

Constitution of— 245, 282.

Tradb AMD Commerce —

Regulation of— 22, 24, 43, 102, 130, 153, 167, 100. 233, 268,

Tbbaty Oblioations— 45, lOi, 132, 209, 243, 279.

Unitobhitx of Laws in Ontario, Nova Scotia and New Brunswick-
155. 237, 272,

Union of Pbovincbs —

Proclamation declaring the— 142, 181, 213, 249, 281.

WuoHTB AND MBASUBEa— 23, 24, 44, 103, 131, 153, 168, 191, 234, 268,

■n\^\

/ /

..w

'•* ,

0, 233, 268,

BnuNSvviCK-

281.

n, 234, 268.