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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 
 
IV 
 
 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 
 
 VI 
 
 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 
 
vm 
 
 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 
 
 OK 
 
 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 
 
2 
 
 PROCEEDlXfiS IX COXFEHEXCE 
 
 m 
 
 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. 
 
 fl 
 
 t-i 
 
 XZJ 
 
' I 
 
 6 
 
 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. 
 
8 
 
 PROCEEDINGS IN CONFERENCE 
 
 i 
 
 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. 
 
 9 
 
 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. 
 
 
i 
 
 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 
 
 4 
 
 NON-CONTENTS, 
 
 Nova Scotia 1 
 
 Prince Edward Island 1 
 
 2 
 
 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 
 
 i 
 
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 
 
 SO 
 
 And during debate, — 
 
 The hour of four o'clock ensuing, the Chairman declared the 
 Conference continued until to-morrow. 
 
 ;( 
 
 m 
 
!ti 
 
 12 
 
 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. 
 
 18 
 
 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. 
 
14 
 
 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. 
 
 16 
 
 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. 
 
 
TT 
 
 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 
 
 5 
 
 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. 
 
 17 
 
 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 
 
 5 
 
 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 
 
 3 
 
 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 
 
 Ml 
 
 i I • 
 
18 
 
 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. 
 
 %i 
 
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 
 
 I 
 
 ■, ; 
 ■. 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 
 
 5 
 
 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. 
 
 21 
 
 .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. 
 
^ 
 
 
 
 I 
 
 22 
 
 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. 
 
 23 
 
 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, — 
 
 11 
 
 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 
 
 6 
 
 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. 
 
 25 
 
 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 
 
 m 
 
 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 
 
 20 
 
 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,- 
 
 
 \H 
 
 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; 
 
 !i 
 
 ,ilt 
 
 i si 
 
 r 
 
 i 
 
 c 
 
 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 : — 
 
 27 
 
 i 
 
 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. 
 
S8 
 
 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 
 
 29 
 
 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^ 
 
 30 
 
 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. 
 
 m 
 
OF i)Ei.r.i;ATKs n!oM Tin; I'ltovixciis. 
 
 :u 
 
 ;?. 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. 
 
32 
 
 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<^' 
 
 od 
 
 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 
 
 4 
 
 m 
 
 m 
 
 M 
 
 I \ 
 
 
34 
 
 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 
 
 II 
 
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 
 
 5 
 
 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 
 
 m 
 
rm 
 
 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. 
 
 I 
 
 ! 
 
 J : til 
 
 1% 
 
 (The rest is wanting). 
 
38 
 
 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 
 
"H 
 
 OF DKLEfiATKS FIt'»M lllK l'U< )VI\rES. 
 
 39 
 
 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 
 
 11 
 
 U 
 
 I li 
 
40 
 
 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!! 
 
 1% 
 
 m 
 
 m 
 
42 
 
 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. 
 
 hn 
 
 )■ 
 
44 
 
 PKOCi:E!>IN'(iS IN COXFKIJEXCE 
 
 11, 
 
 12. 
 13. 
 14. 
 15. 
 KJ. 
 17. 
 18. 
 
 10. 
 20. 
 
 21. 
 22. 
 23. 
 24 
 25. 
 26^ 
 
 27 
 
 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. 
 
 45 
 
 35. 
 
 m. 
 
 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^^: 
 
 
46 
 
 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. 
 
 47 
 
 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. 
 
 Pi 
 
 M 
 
 
 
 1-; 
 
 I 
 
mi- 
 
 7 
 
 48 
 
 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. 
 
 49 
 
 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. 
 
 3. 
 
 4. 
 5. 
 6. 
 
 7. 
 8. 
 
 9. 
 
 10. 
 
 i^fti; 
 
 1 
 
 
 \ 
 
 !<' '•-.{ 
 
 
 b! ■ 
 
 n 
 
 fc'; . 
 
 1 
 
 s 
 
 ii 
 
 'ill 
 
 ■' 'i 
 
 11. 
 
 POPE CON.- 
 
 I " f ■ m 
 
. 
 
 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. 
 
 51 
 
 r 
 
 a 
 
 >f 
 
 i- 
 
 at 
 
 of 
 
 ds, 
 to 
 
 lebt 
 ,hall 
 
 ibUc 
 nent 
 ,tions 
 
 and 
 
 iv and 
 )0,000 
 
 )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. 
 
 n 
 
 
 
62 
 
 PROCEEDINGS IN CONFERENCE 
 
 Mi 
 
 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. 
 
 Hi 
 
•■X?J 
 
 OF DELEGATES FllOM THE I'KOVINCES. 
 
 58 
 
 DISCUSSIONS IN CONFERENCE 
 
 BRITISH NORTH AMERICA 
 
 i i 
 
 ' V 
 
 OK THK 
 
 DELEGATES FROM THE PROVINCES 
 
 OF 
 
 M 
 
 •'■•'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 
 
 

 %' 
 
 
 ■ ! 
 
 V 
 
 ^ 
 
 54 
 
 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. 
 
 56 
 
 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 
 
 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. 
 
 57 
 
 <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. 
 
 il 
 
 , I 
 
 =,' « 
 
 H ■n 
 
i 
 
 l!.i 
 
 58 
 
 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. 
 
 59 
 
 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 , 
 
 I' 
 
 ■ 1 ■ 
 
 i I 
 
 \ ; 
 
 I I 
 I ■ 
 
 S i, 
 
 i| 
 
60 
 
 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. 
 
 61 
 
 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. 
 
 1 
 
 U 
 
 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. 
 
^. 
 
 
 h 
 
 I 
 
 62 
 
 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. 
 
 to 
 
 Mr. 
 dele 
 that 
 tion 
 the} 
 Gait 
 Brov 
 
t)F DELEGATES FROM THE I'KOVINCES. 
 
 G3 
 
 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 
 
 .:( 
 
 Il 
 
 li 
 
 i ■(■ 
 
G4 
 
 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. 
 
 i 
 
 ■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 
 
Y^ 
 
 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 
 
 H 
 
 M 
 S 1- 
 
 ■irti 
 
68 
 
 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 
 
11 
 
 OK DKI.KfiATKS FltOM TllK I'ltOVINCKS. 
 
 G9 
 
 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 
 
 I' 
 
 11 
 
70 
 
 DISCUSSIONS IN (:<>Nl''i:HKNCt; 
 
 I 
 
 '>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 
 
fl 
 
 <)l- DELEGATES FU(JM THE IMl()VIN'CE«. 
 
 71 
 
 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 
 
 m 
 
 >m 
 
 
 ' |i 
 
 1 • 
 i \ 
 
 iti 
 
 ^ 
 
 i 
 
 : Si: 
 
 1 f 
 
 ; ■ It 
 
 >' 1^? 
 
 if^Ji: 
 
72 
 
 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- 
 
 m 
 
OF DELEGATES FUOM THE PROVIXCES. 
 
 '.S 
 
 )nUl 
 
 lopu- 
 
 Iciple 
 lowu. 
 ppre- 
 
 de- 
 If 
 It do- 
 
 feM 
 
 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. 
 
I" 
 
 t 
 
 74 
 
 BISCCS.SIONS IN v.'ONFKltEXfC 
 
 
 I" 
 
 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- 
 
 sh 
 b.d 
 
 Fee 
 th<. 
 
 . iU ,1 
 
OV DELEGATES FROM TliE rROVINCES. 
 
 ( ;j 
 
 K'i-0- 
 
 '•ulv 
 
 laut- 
 
 ad- 
 
 |> ap- 
 
 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 
 
 TV 
 
I'll 
 
 ' 
 
 '!7s 
 
 
 1 
 
 
 
 1 
 
 J 
 
 ! 
 
 76 
 
 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 
 
 
' 
 
 n.ri 
 
 V 
 
 la wt*' 
 
 the 
 ly di- 
 iLociil 
 •iM<»n- 
 [nkc !> 
 i-e(lue<' 
 
 OF DELEGATES FROM TlT'^ PROVINCES. 
 
 77 
 
 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 ' « 
 I, 
 
 \ 
 
 ! i 
 
 A 
 
/ 
 
 78 
 
 DISCUSSIONS I\ C<»N'Fr; HENCE 
 
 
 If 
 
 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 
 
 «■(, 
 
 SO 
 
 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. 
 
Vf 
 
 OF UEI.ECJATKS FllOM THE PKOVINCES. 
 
 81 
 
 In 
 
 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: 
 
82 
 
 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. 
 
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 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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84 
 
 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. 
 
 85 
 
 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. 
 
 H7 
 
 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 
 
 'I 
 
 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 
 
' ^ > K M 
 
 88 
 
 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, 
 
 89 
 
 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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 90 
 
 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. 
 
 01 
 
 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 
 
 ;r:v';!i 
 
 I i- 
 
 i 
 
 1 
 
 Hi 
 
 m 
 
nf 
 
 1 
 
 'j^' in 
 
 1; I' 
 
 92 
 
 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. 
 
 08 
 
 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- 
 
 94 
 
 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. 
 
 t^ 
 
 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. 
 
 &h 
 
 ;:,..'■,■ 
 
 
 
!Mi 
 
 ISllNrTKS o|- l'UO(|:KniN(J.H in ( onkkhkntk 
 
 
 i 
 
 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. 
 
 07 
 
 |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 
 
 'I ft 
 
 m 
 
 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 
 
98 
 
 !U:sOU'TI<)NS ADOITEI) AT ('(JNIEIiENCK 
 
 RESOLUTIONS 
 
 ADOI'XKD AT A 
 
 f 
 
 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 
 
 ^y 
 
 1 
 
 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'. 
 
 09 
 
 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 
 
 
 
 
 'I 
 
 1 
 
 1 i ' 
 
100 
 
 UESOLUTIONS ADOrrED AT CONrEKENCE 
 
 i^ 
 
 If 
 
 
 ': i 
 
 i 
 
 I'I 
 
 B it ' 
 
 
 mr 
 
 iii 
 
 n ^ 
 
 i 
 
 mm ^■■ 
 
 If 
 
 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 
 
 il 
 
 ii 
 
 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. 
 
 s. 
 
 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. 
 
 
 If 
 
 V 
 
 
 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. 
 
 ri 
 
 ! 
 
 ^'h. 
 
 M 
 
f! ^ 
 
 h 
 
 
 i 
 
 
 
 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. 
 
 n 
 
 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 
 
 1 
 
 11 
 
 :.! 
 
 
 1 
 
 i : 
 
 !,' 
 
 : .! 1 
 
 ■V 
 
 \':i 
 
los 
 
 uKsoi.rrioxs aixh'tkd at ('<»xii,i{rN<i: 
 
 JIT ' 
 
 I 
 
 I?! 
 
 iGi 
 
 ■Ki :;:ii 
 
 1 
 
 1 1 
 
 
 1 
 
 t 
 
 
 1 
 
 f , 
 
 ■■i 
 
 
 1 
 
 « 
 
 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 
 
 9 
 
 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. 
 
VH 
 
 ifn 
 
 III,' n A I wr.sTMivsri It i-ai a' r, imiii,, i.oNimN. 
 
 Ml 
 
 i- 
 
 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 
 
m 
 
 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 
 
 
 wt 
 
 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 ' 
 
 t^ 
 
 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. 
 
 V 
 
 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. 
 
 m 
 
 ■ \ rl 
 
 m 
 
 ! , 
 
lie 
 
 IlKl'OUT (H" DiscrssioNs. 
 
 I 
 
 il 
 
 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. 
 
 
 n 
 
m 
 
 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 
 
 8 
 
 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. 
 
 al 
 
 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- 
 
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 P 
 
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 W 
 
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 it 
 
 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- 
 
 I 
 
 .a/T 
 
124 
 
 IlEroilT OF DISCUSSIONS. 
 
 S 
 
 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. 
 
 i; 
 
 1 ' 
 
 V'H 
 
 p 
 
 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; 
 
 11 
 
 A^ . 
 
 m 
 
 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 
 
 I 
 
 ''Wf 
 
 m 
 
 
 ■ 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. 
 
 7. 
 
 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. 
 
 n. 
 
 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 
 
 i 
 
 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 
 
 
 
 
 
 ii 
 
 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)'' 
 

 
 ) 
 
 \ 
 
 w 
 
 ' I: ''; 
 
 ': li ' 'i^ 
 
 ■ ij.:;: 
 
 l\ 
 
 I 
 
 
 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 
 
 m 
 
 « 
 
 ( i 
 
 w. 
 
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. 
 
: ;■' 
 
 ■ <- 
 
 r 
 
 1 
 
 
 , .' 
 
 \ 
 
 
 • 
 
 
 
 i 
 
 
 ,:■; 
 
 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. \ 
 
 If 
 
 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 
 
 
m\ 
 
 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 : 
 
 m 
 
 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' , 
 
 !l 
 
 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 
 
 
 rn 
 
 ^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 
 
 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 
 
:l 
 
 liiT 
 
 
 11 
 
 
 A: ■ • i 
 
 j|; 
 
 II 
 
 1' 
 
 I^H > 
 
 1 1 
 
 1 
 
 • 
 
 1 1 
 
 
 ;f 
 
 
 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- 
 
mm 
 
 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 
 
 ,A 
 
w 
 
 1,52 
 
 •3? 
 
 ii 
 
 
 I It 
 
 i'l 
 
 t 
 
 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 
 
 t 
 
Ml 
 
 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. 
 
 in 
 
 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" 
 
 li 
 
 
1 
 
 I 
 
 I W 
 
 Hf 
 
 f > 
 
 
 II 
 
 ■ 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 ?] 
 
i 
 
 ijr 
 
 
 Mi 
 
 (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. 
 
 
 
 1 
 
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. 
 
m 
 
 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 
 
 Jh 
 
 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. 
 
 
 !i 
 
 ;{.■). 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. 
 
ri 
 
 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 
 
 I 
 
 
 a 
 
 I 
 
 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:|. 
 
 il 
 
 
 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. 
 
T^ 
 
 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 
 
r 
 
 '> 8: 
 
 170 
 
 THini) DIJAKT OF I'.ILF,. 
 
 I, 
 
 1, 
 
 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 
 
TS 
 
 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 
 
 f" 
 
 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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 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 ! 
 
 n 
 
 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 
 

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 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). 
 
 A 
 
 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 
 
 I 
 
 m 
 
 ib 
 
 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. 
 
 IM 
 
 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. 
 
i; 
 
 1 ■ 1 
 
 
 Ml 
 
 1 ■ ■■ 
 
 ' 
 
 U ' 
 
 ■i, ; 
 •! 
 
 !•! 
 .''1 
 
 m 
 
 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 
 
 ih 
 
 i. ■' 
 
 
 it ■ •■ 
 
 1 
 
 1 
 
 1 
 
 ' i 
 
 
 . ' 
 
 
 ■ i 
 
 
 ri 
 
 I 
 
 1 
 
 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 
 
 t 
 

 I,; 
 
 
 H 
 
 
 I ■! 
 
 ^1 (:f ;J 
 
 4 
 
 
 i 
 
 ) I 
 
 1 1 
 
 f| 
 
 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 
 

 M 
 
 
 Mi 
 
 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. 
 
 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 
 
 '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- ■ 
 
 H. 
 
 I two years 1 
 
 
 ioi'-(ieneial I 
 
 9. 
 
 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 
 
 33 
 
 34 
 
 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- 
 
 M' 
 
!« 
 
 
 54 
 
 '-I 
 
 •^ii 
 
 V-^^ 
 
 m' 
 
 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. 
 
mT 
 
 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 
 
f 
 
 } < 
 
 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: 
 
\T 
 
 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 
 
 II 
 
 ../! 
 
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 
 
 .1 
 
 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, 
 
m 
 
 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. 
 
 il 
 
 : : 
 
 f 
 
 il 
 
 ; 
 i 
 
 
 6 
 
 
 m 
 
 il 
 
 
 I 
 
 
 i 
 
 i 
 
 M 
 
 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 
 
 11 
 
 '■t i 
 
 ^'!'-ii 
 
a; 
 
 ■iii 
 
 '',V 
 
 I 
 
 t'lia ! 
 
 
 ''!■'' 
 
 1 
 
 
 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!" 
 
n 
 
 i 
 
 Mi 
 
 ill!! 
 
 mr 
 
 
 m 
 
 MMh ■: 
 
 
 H ^''' 
 
 im 
 
 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 
 
^H 
 
 ^1 
 
 1 ^ ' 
 
 I ' 'i! 
 
 ImT 
 
 i 
 
 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 \ 
 
 n 
 
 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. 
 
 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. 
 
i 
 
 ti 
 
 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 
 
 1. 
 
 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. 
 
 ,1 
 
 m 
 
 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. 
 
TT 
 
 i : 
 
 
 p liljl 
 
 h 
 
 I !, 
 
 i 
 
 1 1 1 
 
 i i 
 
 1 
 
 ■ 
 
 ^': 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 : 
 
^1 
 
 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. 
 
T^ 
 
 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. 
 
 " 
 
 i 
 
 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 
 
 11 
 
 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 
 
VM 
 
 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 
 
 .^<^ 
 
i 
 
 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 
 
TM 
 
 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 
 
Tl 
 
 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. 
 
n 
 
 ^:\! 
 
 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 
 
1^ 
 
 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 
 
 4. 
 
 5. 
 
 (>. 
 
 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. 
 
 li 
 
 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. 
 
^ 
 
 I 
 
 \ 
 
 h 
 
 i 
 
 Hi 
 
 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 
 
 1, 
 
 li 
 
 •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. 
 
Tl 
 
 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 
 
 i 
 
 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^"'^'*- 
 
 ri 
 
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 
 
um 
 
 ANNO TRICESIMO 
 
 VICTORlJi: REGIN.E. 
 
 I' V 
 
 ■.i . 
 
 tl ; 
 
 t> 
 
 I 
 
 II 
 
 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. 
 
a 
 
 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. 
 
 i 
 

 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! 
 
m 
 
 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. 
 
w 
 
 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, 
 
 
 :!|i 
 
 m 
 
 m 
 
 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. 
 
 #: 
 
HI 
 
 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 ! 
 
 f^ 
 
 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. 
 
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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 
 
 I 
 II 
 
 i 
 
 s 
 
 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 
 
 la 
 
 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 
 
 11 
 
 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. 
 
r. 
 
 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. 
 
 r 
 
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. 
 
 A. 
 
 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. 
 
 B. 
 
 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' :- 
 
 t 
 
 '.i 
 
 J' 
 
 ■m 
 
 
■■f'i 
 
 r. , 1, 
 
 ii 
 
 . 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. 
 
 i 
 
 'I 
 
 
 ! 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 
 
li 
 
 '■■ '^^ 
 
 1 
 
 yM i.mB 
 
 ;I W^S 
 
 Mm 
 
 ^1 ^^ 
 
 i 
 
 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. 
 
m 
 
 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 
 
 Q. 
 
 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 
 
 ' I \ 
 
 a 
 
 
 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, 
 
 i< 
 
 !• V'ln 
 
 jf'f 
 
 m 
 
 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) 
 
W: 
 
 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 
 
 ^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 
 
 1^ 
 

 \ ; 
 
 .'}' 
 
 h r 
 
 ) 
 
 h, 
 
 I 
 
 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 
 
 97 
 
 / 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 
 
 97 
 
 2.4, 
 
 
 111. 
 
 
 119, 
 
 122 
 
 3.11, 
 
 86 
 
 - 
 
 95 
 
 - 1, 
 
 
 i-77, 
 
 
 80, 
 
 85 
 
 4.5, 
 
 14 
 
 -807, 
 
 809 
 
 4,5, 
 
 
 .60, 
 
 75 
 
 ,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 
 
fy 
 
 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. 
 
 71 
 
 4,63. 
 
 
 2,73, 
 
 85 
 
 .3, 14, 
 
 
 ,117. 
 
 118 
 
 ,118, 
 
 122 
 
 - 3, 
 
 
 ,118, 
 
 121 
 
 4,94. 
 
 119 
 
 - 
 
 302 
 
 8. 
 
 36 
 
 - 3. 
 
 
 ,120. 
 
 121 
 
 301, 308 
 
 7,28. 
 
 
 2,84. 
 
 87 
 
 - 
 
 803 
 
 ■ 4, 
 
 72 
 
 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 
 
 Ji 
 
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 
 
 A. 
 
 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 
 
 B. 
 
 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. 
 
 C. 
 
 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. 
 
 i 
 
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. 
 
 I. 
 
 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. 
 
 J. 
 
 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 
 
 ii 
 
 JU 
 
820 
 
 INDEX OF SUUJECTH. 
 
 EiNODoM or Canada, Thk— 159, 178, 181. 
 
 ill 
 
 mi 
 
 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. 
 
 P. 
 
 Pardonino Power — 
 
 In whom vested— 29, 48, 107, IVi, i;:3. 
 pope con. — 21 
 
ir 
 
 322 
 
 INDEX OF SUBJECTS. 
 
 
 M ( 
 
 
 ■ I. 
 ' 1 "i 
 
 :f 
 
 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 
 
 I' 
 
 ^■*^^ 
 
 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. 
 
 
 % 
 
 HT 
 
 WuoHTB AND MBASUBEa— 23, 24, 44, 103, 131, 153, 168, 191, 234, 268, 
 
 ■n\^\ 
 
 
 / / 
 
..w 
 
 '•* , 
 
 0, 233, 268, 
 
 BnuNSvviCK- 
 
 281. 
 
 n, 234, 268.