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THIS volume is the result of an attempt to bring together in a single collection the documents which contain the consti- tution of the Dominion of Canada and illustrate its historical development. A much larger number of documents might legiti- mately have been included under this description, but the line had to be drawn somewhere, and I have chosen to draw it between those that are of international and imperial origin on the one hand, and those that have resulted from the exercise of colonial autonomy on the other. Any apparent violations of this prin- ciple of classification have been dictated by considerations of convenience which are too obvious to call for specific mention. Many documents that are either not imperial or not constitu- tional have been added in the form of appendixes to the text. It is hoped that they will prove to be not the least useful part of the collection. Where the material to choose from is abundant and the space is limited there will always be differences of opinion as to what should properly be included. While I have received much valuable advice on this point from eminent statesmen and publicists, I feel bound to say, in justice alike to them and myself, that the plan of the work is essentially ray own. My belief that the true line of development of the Canadian constitution takes us back, not to the French retjime in Canada, but to the colonial govern- ments of what is now the. United States is sufficient to account for the absence of all French documents, except the articles of capitulation of Quebec and Montreal. If space had permitted I would gladly have inserted as appendixes some of the con- m IV PREFACE. fltitutional documents of the British colonies ; I have been forced to content myself with the United States constitution, on which, as regards federal form, our own is avowedly modelled. I have made no attempt to interpret the documents here collected. Mine was the humbler but infinitely more useful task, to see that the texts were as correct as possible, and to give in the form of noti^s such historical informa ion and references as would tend to lighten the labours of the student without supplying him with ready-made opinions. Alike in selection and annotation 1 have had primarily in view the needs of students of political and legal science in universities and law schools, and the chief aim of the collection — to give them a chance to think for themselves — would have been defeated if I had impertinently undertaken to think for them and give them the results. Gratitude for valuable aid and counsel requires that I should mention the names of those who have been specially helpful to me. Easily first must bo placed Dr. Bourinot, Mr. Douglas Brymner, and Mr. William Kingsford, each of whom has in his own way usefully illustrated Canadian history. To Thomas Hodgins, Q.C., /Emilius Irving, Q.C., and Hon. David Mills, Q.C, I am indebted for hints which lessened greatly the labor of research. To Mr. Francis Parkman of Boston, and Mr. .lustin Winsor of Harvard University, my thanks are due for prompt responses to requests for information on historically doubtful points. Mr. James Bain of the Toronto free library, Mr. .). P. Macdonnell of the Ontario Civil Service, Mr. David Jioyle of the Canadian Institute, .). M. McEvoy, B.A. of the University of Toronto, and A. F. Chamberlain, M.A., of Clarke University, have all taken a warm personal interest in the progress of the work and rendered practical and valuable assistance in its preparation. \\M. HOUSTON. Toronto. March .Slst, 1-Si)l. TAHLK OF CONTENTS. I'AKK. iNTIlomCTION VII ClIKONOMHilCAL Imikx x\iir TKtwVTV ()!•" rTKECHT, 171H '.i KlCrUE.SKNTATIVK InsTITI TldNS IN THK MaIUTIMI-: I'!;. iV1N('K« 7 A'('l'(« Srotiil 1. Scttlciiifiit (if lliilifax 7 2. (M)iiiinissi(iii til ( Jovt-rnor Curiiwallis. . . J) 'A. liCtttT fnmi (iuvfnmr liiiwri'iicc td Lords i>i 'I'r.iilc lit 4. Li-ttcr from Lords (if Trailc to (Jost'iiKir liiiuniici' 17 r>. ()|iinioii of Crown Law Otticcrs 17 (!. ('(institution of Jjc^'islativc Asst-nilily IM 7. Lettt-r from Lords of Trade to (iovt-rnor Lawrt'iicf Ul I'riiicf Eilu'iifil Ishni)/ (,'onnnission to (iovi'rnor I'att-rson. 21 JV<'(c Jintiiswirick— Commission to (rovcrnor Carlcti in '2'2 CAI'ITI!I.ATI(I\ ok <./i khkc •_'«) CaI'ITII-ATION OP .MoNTKKAI. . 32 TUKATV ( IF 1'AHIS. 1 7ti;< til KoYAI. riUK'I.AMATlO.V, 17t);{ ()7 Oo.\I.MISSU)N To ( }( >\ KKN( )K M lltUAV 74 LoKi) Maxskikmi's .riiH;.MKNT IN Cami-hki.i. r. Ham 7'.> <,>iKUEc Act. 1774 no t^uelH- f Revenue Act. 1774 '.•7 t^uebi'c Revenue Act, 177ri I'i'J Colonial Ta.\ Repeal Act, 177.H H>4 Canadian Revenue Control Act KMi OONSTITITIONAI. At'T, 1701 112 Constitutional Act Amendment Act, 1.S.30 134 Constitutional Act Suspension Act, 1838 l.Stl Indemnity Act, 1S38 1 40 HusiKfiision Act Amendment Act. 183!) 142 Union Act, 1840 14;» I'^nion Act Amendment Act, 184S (use of Krencli lani,'uai,'e) 175 l^iion Act Amendment Act, 1S.")4 (Klective Legislative Conucil). . 177 I'nion Act Amendment Act, ISait (Speaker of " " ).. 180 CoNFKUEKATioN AcT (British North America Act, 1807) 18H {British North America Act, 1871) 22.") (Parliament of Canada Act, 187">) 227 (British North America Act, U;8(>) 229 Colonial Habeas Cdki'Us Act, 18<»2 240 Colonial Laws Validity Act, 1805 241 Ti TABLE OF OONTENTS. PAOB. G0VKRN0R-f}BNKRAf>«' COMMISSION" AND ROVAL InSTRCCTIONS 245 CominisHion to Lord Mtmck 245 InHtniction.s to Lord Monck 248 LetttTH Patent Constituting the office of Governor-General 253 Instnictionn tf) (JovernorH 256 ConiinisHion to Lorfl Lome 258 Treatibh Rklatim; to Canada 265 Treaty of Hyswick, 16!»7 265 Trf'aty of ITtrecht, 1713 3 Treaty of Aix-la-ChapiH-lle, 1748 265 Treaty of Pari^, 1763 61 Treaty of Versaille.x, 17S3 266 Treaty of Paris, 1783 267 Canadian Boindahiks 271 15oiiM(laries of Nova Scotia 271 }ionii . . 280 . . 282 .. 282 .. 2S3 284 284 3 61 \{\, 284 285 285 268 285 286 287 288 200 292 293 293 299 303 3a5 , 317 . 334 INTRODUCTION. THE purpose of this introduction is to explain briefly the author's views on the teaching of history in gen ral and of Canadian constitutional history in particular. They may be summed up in the statement that while e.r attheibut lectures are an antiquated and ineffective niethod of dealing ith any sub- ject in the class-room, they are particularly out of place •" the academic treatment of history. It is of course iroporiant that the stnHent should have a wide acquaintance witii historical facts, and that he should have well-defined opinions as to the general principles that underlie and explain them ; but in so far as the educative value of the subject is concerned, the i»znner in which he acquires his knowledge and arrives at his opinions is of far greater importance than the knowledge and the opinioiis themselves. Facts that are simply memorized and principles that are simply appropriated, whether from text books read or lectures heard, count for little in real education ; facts that are discovered by patient research and principles that are reasoned out from the facts, serve a really useful educative purpose. History is one of the inductive "^ciences, and it should be dealt with on the inductive method. Tlie student should be re(|uired to collect facts for himself by the investigation of such sources as may be available, instead of learning them by rote from treatises or lectures, and he should be encouraged and required to form and express his own opinions, instead of adopting those formulated for his instruction by the historian or the lecturer. His collection of historical facts will undoubtedly be meagre and his opinions will probably be wrong, but this is no more than can with the most perfect truth be said of every one who either VIU INTRODUCTION. !i> writes a teyt-book or delivers a lecture. The difference is one of degree only, and fortunately the question of more or less is of little consequence educationally, provided that the student's acquaintance with the subject is the result of his own honest endeavor to get at the truth, not of his asssimilation of the opinions of other people. The degree of culture that results from the academical use of history is determined, not by the fact that knowledge of a certain kind has been acquired, but by the fact that knowledge of some kind has been acquired in a certain way. The truth of these statements will become more evident if it be borne in mind that the mass of historical facts is a shift- ing quicksand. Every now and then some new writer — a Gardiner, a Freeman, or a Stubbs — re-explores the old familiar ground, unearths a number of facts that cannot be rejected or ignored, and erects on the enlarged basis a modified inductive superstructure. It would be absurd to suppose that the last word on the subjects of which they treat has been said even by them. History is not only, from the pedagogical point of view at least, a science but it is one of the most progressive of the sciences, and any method of academical treatment that does not put the student in possession of a method of investigation, and at the same time tend to free him from prejudices and preconcep- tions, is worse than useless for purposes of culture. Fortunately some progress has been made in this direction by the introduction of the '* seminary method " into universities and colleges, and history has benefitted more from the change than almost any other subject. In all progressive American institutions the seminary in rapidly superseding the lecture, and the latter retains a foothold only in places which do not come under this description. In a very short time such academical performances as " lectures," in the sense of formal ex cathedra deliverances of professorial opinions will be unknown, and the consummation of tlie change cannot take place too soon. In the lecture-room the teacher works after a fashion, and the students are supposed to absorb the erudition that has been carefully stored up and is now poured forth for their benefit ; S :i '■51 # I INTRODUCTION. is in the seminary the student works under the direction of the teaclier, who saves liini time in his search for facts but carefully abstains from any attempt to control his reason. It is easy to understand tlie nature of the change effected in the academical atmosphere by the substitution of the seminary for the lecture method. The result is nothing less than the substitution of intellectual life for intellectual death. It has been so wherever th(! change has taken place ; it will be so everywhere else when the change does take place. The great merit of the seminary is that it facilitates the use of the inductive method, which the lecture system absolutely precludes. Induction is a species of reasoning, and the lecturer cannot teach by reasoning for his students and telling them his conclusions. They nuist do their own reasoning, draw their own inferences, discover their own principles, establish their own laws. They nuiy do this erroneously, but they must do it if they are to derive any intellecttuil training from the academi- cal use of history, and especially of political history. Mere soundness of opinion is fortunately of less importance, where no one can be absolutely and indisputably right, than are open- mindedness, freedom from prejudice, and the habit of closely observing phenomena and reasoning from them. " History is past politics and politics present history," says Mr. Freeman, and this is but another way of saying that past and present states of political society throw light upon each other. Usually history is taught as if the past served in this respect the more important purpose of the two. The student is asked to begin at the beginning and come down through a series of more or less arbitrarily selected events and institutions until he nnikes the acquaintance of the state of society which is his own environment, if indeed he is allowed to come so near. It is easy to see how such a view of historical method should have been universally acted upon at a time when method claimed little attention and received less ; it is difficult to under- stand why it is still generally practised at a time when the study of methods is occupying ht attention of the foremost intellects of the day. It is perhaps too much to expect the INTRODUCTION. present generation of professorial lecturers on history and politics to abandon the only method they know anything about, but it will not be incumbent on their successors to submit to conventional and traditional limitations. The true method of teaching history, as of teaching other subjects that lend themselves to inductive treatment, is to pass from the known to the unknown, to start from the here and now and travel backward and outward until the entire ground has been covered. The student should begin with the history and the institutions of his own time and his own country, and his knowledge of tliese will enable liim to understand the history and the institutions of other times and of other lands. All vahial)le knowledge is comparative. One never knows any- thing tliorouglily until he has compared or contrasted it with sonietliing else. His progress in real culture is conditioned on a never ending process of differentiation of things that aro similar to each other, and of assimilation of things that are different from each other. If the study of the past is helpful to the compreiiension of the present much more is the study of the present helpful to the cjiuprehension of the past. The reason is obvious. It is extremely ditlicult to form a clear or useful conception of what is distant either in time or in place ; it is comparatively easy to form a clear conception of what is within the range of esery day e.\))eiience. It would be unreasonable to expect such a conception as a student can form of the Roman comitia to be helpful to him m comprehending the nature of an American town meeting, or such a conception as he can form of an Old English witenagen.ot to aid him in understanding the functions of a modern parliament ; but to comprehend clearly the nature of a town meeting or a parliament will aid him in getting a useful conception of the comitia or witenagemot, and he can make a study of both town meeting and parliament in actual operation. This view of method in relation to history is especially true of constitutional history, which is substantially a digest of human experience in the development of govermental machinery. It is more limited and more definite than general history, and IKTRODUCTION. XI is, both in its own nature and in the methods applicable to its acamedical use, closely akin to legal science. No subject in a university curriculum is better suited for inductive treatment than constitutional history, and therefore no subject, apart altogether from its intrinsic interest in relation to the advance- ment of civilization, is more valuable as an educative instru- ment. The line of causation is usually discernible with a minimum of uncertainty as to the correctness of the results arrived at, and the number of phenomena to be observed, analyzed, and classified as a basis of induction are for the most part not open to reasonable dispute as matters of fact. To a greater or less extent in every country the history of the constitution is to be traced by means of doemnents, the correct interpretation of which is, in relation to the subject and for other reasons, a matter of the greatest importance. Us\ially the student is deprived of the valuable training att'orded by the practice of hermenoutics, because he is expected to learn the meaning of a document either from a text-book writer's gloss or from a lecturer's interpretation. That both writer and lecturer may be wrong in their opinions is the least regrettable feature of this system, because, fortunately, neither gloss nor interpre- tation is likely to be long remembered after the examination in preparation for which tliey have been "crammed" by the student ; infinitelv more mischievous is the waste of time and opportunity which might have been utilized in enabling him to master a method that would have made him ever afterwards independent of text-books and lecturers by placing him on a par with both. If their opinions are right he should be put in possession not of them but of the way to arrive at them by his own unaided eft'orts ; if they are wrong he lias at least a chance of avoiding some errors which he munt on the ordinary plan imbibe, if it be but for a time. The same remarks apply unitntin inutitndiH to the generalization of constitutional principles from those events that come under the name of precedents. Acquain- tance with certain facts must be made by reference to narratives, but their relation to each other as antecedents and consequents, if not as causes and effects, must be established by an exercise xn INTRODUCTION. of reason. The reasoning in this case must be the student's own if he is to benefit educationally by the time given to the subject, and he must reason from consequent to antecedent, if a premium is not to be put on the mere exercise of memory. It is interesting to note that in some respects the constitu- tional history of Canada is better adapted for academical use than the constitutional history of either England or the United States, which is equivalent to saying that it surpasses in that respect the constitutional history of any other country where- isoevor. The constitutional history of the United States is too largely a written history ; that of England is too largely an unwritten one. In the one country precedent counts for too little in the interest of speculation ; in the other it counts for too nuich in the interest of detiniteness. The history of the Canadian constitution involves a great deal of documentary interpretation, but it involves also a great deal of generalization from recorded instances. The constitution at present bears a strong resemblance in form to that of the United States, and it would have been surprising if it had not done so, in view of the fact that it was avowedly modelled upon it ; but it bears an equally strong, though less easily discerned, similarity in its mode of operation to that of England, through the adoption from the latter of the constitutional device known as " respon- sible government." For purjjoses of inductive treatment, there- f(M'e, it possesses most of the merits of each, being at the same time comparatively free from the defects of either, while the colonial position of Canada is from the academical point of view an advantage rather than otherwise. At every stage of Canadian history the ultimate political sovereignty has been, as it now is, vested in the British Parliauicnt, and constitutional compli- cations, at once caused and resolved by the gradual tendency towards colonial autonomy, impart to the subject an interest that is quite unique in the whole range of comparative consti- tutional history. A similarly unique interest attaches to the study of jurispru- dence and of international law in connection with Canadian history. In the Province of Quebec ever since the passage of ■ INTRODUCTION. Xllt the Quebec Act in 1774 French law has been the recoj^'nized rule of decision in all matters of controversy relating to property and civil rights, and the codification of B^rench law in Quebec followed its codification in France. On the other hand the common law of England is the rule of decision in all the other (Canadian Provinces, and therefore it is ([uite possible for a Canadian student to take up the study of either the connnon or the civil law as a living system without going beyond the boundaries of his own country, and to study them inductively in comparison or coiiuast with each other. As the State of Louisiana has a civil code, while all the other States of the Union have the common law, the student in the United States has a similar privilege, but in a less convenient field. Canada as a quasi-autonomous country enjoys quasi international rela- tions, and is saddled with quasi international responsibilities, but of formal relation or formal responsibility she has none. She is allowed a real voice in the making of treaties with the United States, and is permitted and expected to supplement them with legislation when legislation is necessary ; but on the other hand her representatives in international negotiations are for- mally appointed by the British (lovernnient, and if the Canadian Parliament were to refuse the necessary confirnuitory legislation the British Parliament could in any case, and probably would in some cases, enact it. It is unnecessary to describe at any length the manner in which the following documents nuiy be most advantngcously used. All that need be attempted is to lay down a few general propositions, in the application of which there will be room for an infinite variety of pedagogical devices. No two leiu'liers will ever deal v ith them in |)recisely the sanu' way ; no i>n)- gressive teacher will ever deal with them in precisely the Mime way with successive classes. These geiu'ral proposiiidn-. with i\iv reasons on wliieli they are founded, may be ibn- hiKtly stated : — ■ 1. Tlie lirst document taken up sliould be the I'.iiti-li North America Act of IHC.T. which is the present constiltituin of Canada. It should be studiecl with a vi(>w to ascertalnin'j its XIV INTRODUCTION. I textual meaning, determining its legal validity, and compre- hending its political working. It is a matter of minor importance in what order these various lines of inquiry are prosecuted, but the order here stated is not without certain obvious advantages. The Act abounds in technical terms, and failure to catch their precise meaning must needs leave an obscure impression of the import of the statute as a whole. As examples of terms that stand in need of elucidation may be cited such expressions as '' Privy Council," " Executive Council," " privileges " and " immunities" of Parliament, " seised," " freehold," "free and common soccage," " franc-alleu," "in roture," "allegiance," " Royal assent," " disallow," " royalties." To appreciate clearly the force of these and analogous expressions is not all that is necessary to the comprehension of the text, but it is at least a good first stop towards it. The legal validity of the document s due to the fact that it is the Act of a sovereign Parliament, but it is an Act that embodies a compact between the federating Provinces. Its legal effect must be determined by judicial decisions, but in the reasoning on which those decisions are based some account must be taken of the intentions of the parties to the federation. Already a long line of judicial findings has laid the foundation of an interesting and important con- stitutional jurisprudence for Canada. The political working of the constitution is a wide subject, but one that cannot be evaded. All v/ho know anything about it can understand that tlio student of the mere letter, however thorough and expert, may go out into public or professional life loaded up with the most absurd misconceptions. Nothing is said in the British North America Act, for instance, about the responsibility of the (lovernor- Cleneral's cabinet, or of its solidarity, and yet these are among its most important features. Not much is said, except what is now inisleading, as to the manner of electing the House of Commons. The financial relations of the Provinces to the Dominion have been extensively changed since the Act was passed. The fiscal system has been modified, either slightly or radically, over and over again. These are only a few of the matters which come under the head of " political working," i i INTRODUCTION. XV ed. ent out surd IS of the was but they will serve to give some idea of the comprehensive- ness of the phrase. In connection with both the textual meaning and the political working of the Act the commissions and instructions issued to the Governor- (ieneral should be read, indeed must be read, in order to get a clear idea of either the one or the other, and closely connected with the subject of the legal validity of the constitution is the Act of 1HG5, which states the grounds on which the validity or invalidity of colonial legis- lation must be determined. It is needless to say that the Imperial Acts of 1871, 1875, and 188(5, supplementary to the Act of 1807, must now be read with it, just as if they were part of its text. 2. The British North America Act should be compared or contrasted with other constitutional documents, to which it is more or less closely related either formally or historically. Pre- eniineiit among these is, of course, the constitution of the United States. The analytical comparison between them, should, without being too minute in detail, be so carefully made as to enable the student to grasp the essential dilferences between the constitutions of the two countries, not merely as a matter of textual interpretation but also in tlieir respective political operations. These difl'erences have been frequently and accurately described, but they must none the less be thought out by each generation of students for themselves ; and this can be done only as the result of a careful analytical comparison. The '' (Quebec Resolutions" of 18G4, which embody the agree- ment originally entered into by the various parties to the Canadian Confederation, should receive a certain amount of attention in this connection. More important, however, are the Imperial enactments which chronologically precede the r>ritish North America Act of 1807, and each of which was in turn the Canadian Constitution — the Union Act of 1840, the Constitutional Act of 1791, the Quebec Act of 177-4, and the Ho}al Proclamation of 1708. These have a relation to the present constitution that is not merely historical ; the nature of that relation can be ascertained only by the comparative method, and the comparison should be made by each student for himself. XVI INTRODUCTION. In the last analysis some part of what he should discover may escape him, but he ouglit not on that account to be deprived of the chance to try what he can do. 8. These constitutional documents should be taken up in the inverse chronological order. The comparison should be one of consequent with antecedent for the purpose of ascertaining the causal relation between them. It is easy to dogmatise in history by alleging that a certain condition precedent is suflicient to account for a certain other condition which succeeds it, the cause being studied before the eft'ect ; the safer and better way is to acquaint oneself with the condition that is the effect, and then proceed to search for some previous condition that will suffice to explain it. The former course puts a premium on dogmatism and memorization ; the latter encourages reasoning and research. It is needless to say that these docume:Hs should be studied in their lelation «to each other, as well as their relation to the British North America Act. They are the mile- stones of constitutional progress, and the nature of the intervals between them must be clearly made out by him who would read them aright. 4. The documents which precede the Royal Proclamation are all constitutionally important — the Treaty of Paris as containing the precise definition of the concessions made by the British to the French (iovornment when Canada passed finally under British dominion ; the Articles of Capitulation as the chrono- logical background of tlu; treaty stipulations; and the documents relating to the establislnnent of parliamentary government in Nova Scotia, Prince l^lward Island, and New lirunswick, whose representative institutions Inivo enjoyed a continuous existence (.'ver sineo. '). l"'inally the class work should l)t' done on the seminarv plan. Anything of the nature of a k'Clure is liopek'ssly out of place. That nondescript kind of intercourse between teacher and tiiitght which is connoted hy the term •' socratic luethod is the idt'iil to he attained. 'I'he teacher, as conductor oj liie seminary exercises, should Ije nothing more than the lii'st amongst tuiuals. The relationshiji between hiin and his stud' iits INTRODUCTION, XVll • may ved of in the one of 11 g the bise in .tticieut 1 it, the ter way jct, and lat will lium on jasoning s should as their ,he mile- intervals 3uld read should be such as would obtain among a band of searchers after truth, each of the others having as fjfood a right as he has to believe and maintain tiiat he has discovered it. Written exercises should form a constant feature of class work, and these exercises should in turn become subjects of class discussion. Only by frequent applications of the test of committing views to paper can the rate or the character of the progress made be accurately ascertained. The assumption that a single written examination at the end of a course is a fair or useful criterion of a student's attainments is as untenable as the assumption that mere accumulations of knowledge, without any reference to the manner in which it has been acquired, have any real educational value. The single terminal examination has outlived whatever usefulness it ever had, and it must shortly follow, if it does not precede, the e.r nitMcdni lecture into academical oblivion. ation are ntaining .British to |ly under chrouo- cuments nnout in k, whose t'xistenee UiMnniiuy Lssly fiut In leiuluT lor o\ liif tlie I'lrst stu(l''iits H.C.C. n : xviii ("iniONOLOOICAIi TAHLK CHRONOLOGICAL TABLE. First voyage of .Facqiics Cartier. , Second voyiiKf of .Fiu'i|u*'.s (';irtif'i Third voyaj,'t' of .lac(|Ufs Cai'tier Ciilbert in Newfoundland. . Quebec fomided by l)e Clianiplaiii . Fourth voya^,'-e of |)e ('lianiplain. . . Fifth voya^'e of I >e ( 'lianii)lain ... Sixtli voyage of DeChaniplaiii, and ascent of the Ottawa De Champlain at tiie (Joorgian liay \V.\-2. 14117. 1534. i.-):c>. \:>M. 1.").S4. It'll It;. ii)i>7. 1 lilts. ir.li). lidl. ltii:i ltd 4. llda. 1619. Tenth voyage of De Champlain... KiL'O. Nova Seotia granted to Sir William Ale.xander by Jame.s I "One HiuulU'd Associates." Quebec taken by Sir J^avid Kirke. . Canada and Acadia le.stored to France by the Treaty of St. (rermain-en-Iiaye Twelfth voyage of De (Jhami)lain (first "(Jovcrnor"of Canada). . Death of De Champlain De Montniagny (Jovernor 1<)21. 1C.23. 1627. lli'Jit. 1630. First voyage of Colum))U.i. Cabot di.scovered Newfoundland. De .Soto discovers the Mississij)pi. French .Settlement in Florida. Raleigh's first voyage (Virginia). London and Plymouth charter, .laintstown (Virginia), founded. Discovery of Hudson River. Discoveiy of Hudson Hay. New Amsterdam founded. First licgisliitive Assembly in America (Virginia). Tjandiug of " Pilgrims" at Cape ( 'oil and at Plymoutii. Dutch West India Company. New Hampshire settled. .Massaclnisetts charter. First (ieiieral Court of Massa- chusetts. 1032. Maryland granted to Calvert. Ili33. 1635. ir.3i;. it;3i;. 163t). First -Vssci i)lv of Maryland. Koger Williams in Providence. Harvard (!olleue founded. First written C!onstitntion in Am- erica adopted l»y C()nnecticut, and first (ieneral Court of the Province. *The events recorded in the left hand column belong to the history of what i» now Briti.sh .Vmcrica ; those in the right hand colunui belong for the most part to the history of what is now the L'nited States. CHRONOLOGICAL TAHLE. XIX SHttleiiifiit nf Mmitrcal 1'.\r^'iii>"ii, ( JuMTiiur '[i'l'tX. Ttiiliaii war at Ksdiiiis. l'.is|i(i|) l,ii\,(l at \iiii'l)(i' KJ.V.t. <^>iiaktrs liaiiKnl in Huston. |)'.\v:iii^'iiur. (io\i riior Ifliio. I'.ci'kfli'y (JcAcrnor of Virginia. ('iiJlxTt, I'riiiii' .Miiiistt-r of Francr. Uitil. ltH»'_'. Cliartt:»" granted to ConiHcticiit, " Scivi'i'citrii Coiincil " cstaMisht'd witli l>f .Mi'»v as (liiMTiior of " N.w Kianct'.". 1663. Klitxlt- Ish .-d cliarter. Stiiiiiiary of St. Siil|picc aff|uire .Mmitrcal Ititia. |)i' Trary N'iccroy, ami l)f Coiir- utiles (JoveriKir lt»(;4. New York taken l)y tlie IJritish. West India ('oni|);iny planted .Mon- opoly of Canadian 'I'rade KMU. Connectiuutand New Haven united. lro(|iiois (Mnniti'v invaded Kidtl. Hav of i^Miinte Seminary .Mission. . 1668. First Assembly of New Jersey. 1669. l''irst .\s.senil>ry of Nortli ('ar<")lina. Hudson May Company c'iiartered. . . 1(170. Charleston (S. C.) founded. I)e Frontenac (ic.vernor lt»72. h>7'^. Mississippi discovered hy Joliot and .Marcpiette. liaval liishop of (^iieliec 1074. First Assembly of South Carolina. l)e la Salk' visits Franee 1071. New Netherlands (New York), New Jersey and Delaware oedwl to liritain by Holland. Reduction of tithe to one-twenty- sixth 1679. l''irst As.semblj' of New Hamiwhire. Indian CouikmI at Montreal ItWO. I)e la Salle on the Illinois. Ki.S'J. Peiui founds IViuisylvania. Dv la Barre (Jovernor Itl.H^. DelaSalledescendstheMississippi. 1682. First Assembly of Pennsylvania. IGS4. The Mississijipi Company estab- lished. T)e Denonville (Jovernor KlSi"). Hudson Hay l''orts taken KiSfi. .Xndro.s (Jovernor of Massachusetts. Hepartiu'e of Hisiiop Laval KiSS. N. York annexed to N. Kngland. Massacre of leadline ... 1(>S!). William III. King of liritain. He Froutenac ( rovernor l(is!l. .\ndros expelled from Massachu- setts. t^ui'bec attacked by Phips KiitO. N. Hami)shire ainiexed to Massa- chusetts. 1697. Treaty of Kyswiek. Heatii of l)e Frontenao KillS. I )eC;dieres( Jovernor VtW. Peun visits .\merica. Indian Treaty of Peace (Montreal). 1701. New charter for I'eiuisyhania. 170-*. War of Spanish succession. De Vaudreuil (lovernor 170o- " Su|K'rior Council " created 170.'{. Capture of Port Royal (Annapolis). 1710. Hunter (Jovernor of New York. Expi'dition of Walker and Hill against C2i»-'bec 1711. 1712. Crozat's Mi.ssissipi)i Charter. 1713. Treaty of I'treuht. Nicholson (Jovernor of Acadia. . 1714. ( Jeorgt; I, King of (iieat Britain, Death of Louis XIV 171."». il XX CHRONOLOOICAI, TAHTiK. I'liillipM ( iovt'i'iiiii' (pf Acjuliii. LuiiiHliurfj fortitit'd AnMstl'dllK ( iiAfriHiInf Acailiil. . . l)i' Heiiiili:irii(ii.s( JiiMTiiuiiif ( "itiiinla. NewfiiiiiKlliiiMl il liriti>li ri. . V'crandryt' iisccmis tlir IJcd UiM'i Mascai't'iii' ( iu\fiiiiirK' caiitiiitd . . . |)f la (iali.-Miiiiiicrf (IomiiihI' Canada.. I >»" la .luii(|iiii'ii' < JcAii'iinr ( 'aiiai Halifax fuuiidcd ( '(i|-iiwallis ( JnMiimr of Ai^idia. l"'ort Kiiiiilli' tiiiilt at 'rniniitd. . . , ll(i|>soii ( !i>\ fiiidr iif Ar;idia I )ii(liK'siM' ( iovfiniii' cpf ( "iinada . . liawi't'iKT ( !ii\ti iicir of Acadia... K.Xpati'iatiiiii of tlic .\c.idi:iii> |)c Vaiidrcuii ( Joxcninl' of Caliada, Kii'st A.s.scinlily of Nova .Scotia , . (^iii'ltcc taken liy Wolfe- Montreal taken l>y .\nilici>.| Province of t^nclMc cic.itcd. . . Murray, first (loverni rof <^»ucliei-. ('arleton (lovcrnoi of <^»imIicc. Prince lvl\var. 17-.'f,. 1 1 Ji . 17-.!>. I7;n. i7;<-'. 17:5.<. 17:<7. I7;(s. 17»'». 171.V 1717. 17tv 171".>. 171!'. 17l'.». 17.V_'. I7.V-'. 17:-;!. 1754. 17VI. l7.Vi. 17.V. I7.".s. 17V. t. l7f.o. 1 "i**» 1 (ti.i. I7i'.:v 1 71 '■> 171 ill. 17")i'. 17f.!». 1773. 1771. 1774. I77.\ 1776. 177s. 177s. 17HH. 17S4. 17>tJ. 17S7. 17S'.i. 1791. Law"s .Mi.s.Hissippi Charter. New ( Jrleans fonnded. I'iMrnet (Jovernorof New N'ork. port ( )swe^fo linilt liy Purnet. P.iper mone\ in Penn>yl\ania. (JeorL;e II. Kinjfof (treat Britain. Crown Point occupied liy the Prench. fiOiiisiaiia made a Poyal Provinc*'. < ieoiyia .Settled. N. .lei'sey separated from \. ^'ork, 'i'reatx- of .\i\ la( 'haitelle. Slave- ailmitted to(le(U>ria. I >!• ( 'cloron s Ohio Pxpcilition. ().-lioiii (Jovtrnorof New N'ork. l'"ir>t .\s-enilily of ( ieor^fia. Interprcv incial ( 'onjrressat Alltany I'li.iddockVs K\|iedition to Fort d>i •^Ulslie. hicskau defeatecl at Fort (ieorpe. .Miercioniliie defeated at Fort 'i'iconilcro^ca. Nia^r.-ira taken liy >lt ( 'aiiaila. . IJiciiiii'iiKM iii\eriii ir lit t'aiia'la .. I )alii(>ii>ic < i(i\erii('r (if Canada .. ( 'a|ie I'lrct'iii aiiiiexc'l fd N( i\ a Sidt ia Canada < '(ini|ian\' fdrnied I7!l». 'riie.lav Treatv (Ldiid-.n.) 17im;, I7!'7. ISMl. lie .lay I rearv i i.ciMidii \\',isliini;fdii'> retirement. .Idlill Adali^, I'lc^idellt. 'ri|dni:l> .!( tfeisdll, ricsideiit. Ayliner ( !d\t'riidr df Canada. I^veliue ( 'dlltldl .\(t I'"irst Asseinlily in New fduiidlanil . . (Idsfiird Cdveiiidr df Ciiiiiidii {{eiiellidii ill ( 'aiiiida Ldwer Canadian Coiistitntidii .Siis- |iellded |)iii'liani CdNeiiKir (if lii'iti.sli .\iii"rica .Sydenliani ( Idveriidiof tlie ( 'anadas Cnidii .\ct Syileiiliaiii < idNcnior of Canada . Kii'st I'arlianieiit iieliecr'ity Kl^riii ( !(i\ criKir df Canada , . . Keliellidll Idsses aKitatldli < Java/y.i Mints in Mdiitical Clertry |{eser\i> secniariy.cd , Feudal 'I'enure ahdli.slied . . . Head ( iovernor of Canada Caiiiidian Kederation niodteil The Anderson (fiifjitive slave) case. Monek (iovernor of Cuiiiida .Self-t loveiiiiiij,' Colonies made re sponsilile for their own defence, < 'olonial I laheas (.'orpus Act <^ueljt!c Conference |Mi;t. 1*1 Mi. l^M'.t. 1H1. ISlL*. isll. is Hi. I'»17. ISIS. 1>I9. 1 SL'I I. ISL'd. JSL'.-,. 1 >■_'('.. l.S-_'!t. is;!(i. is:X>. l,s.S7. ls;;7. 1S.HS l.s;. ]S4A. lst.->. ISKi. 1S1,S. I Mil. IS.Ml. 1S.')(I. IS.-,;!. IS.-, I. l.s.M. IS.-,.-,. ls.^,7. lH.-,7. ISalt. IStiO. IHCI. IStll. 1m;l>. l.S<'>2. 1S04. Ldiiisiana (•••(|e(| li\ l''iance. Lewis and ('lark r(aihthe I'.iciti .laliio .Madixili, I'resident. War (i( I'laicd a;,'aiii»t I'liitiiiii. 'I'lcatv df ( ;li(iit. .lames .Mdliroe, President. ( '(in\elltid!l (if hdllddll, l'ldri(|a purcliased fiom .Sjiiiin. Maine admitted as a .State. .M isxiuri cdiiiprdmise. .Idliii ',>uiiicy Adam-, ric-ident. .Xiidicw .lackson. I'resideiit. l''ii.-.t railwav in I iiileil States, X'ictdi'ia i^Mieen df I'.ritain. Martin \ an liiireii, President. William H. Harrison. President, .(oliii 'I'yler, President. .\sliliiirtoii 'Treaty (Washiiifftoii. ) .l.inies KlldX Pdlk, I'resideiit. War with Me\icd. Treaty with Mexico. Zachar\' Taylor, President. Willard Kiliiiore, I'resideiit. I''ll);iti\e .Slave Piill. i''ianklin Pierc". President. Pecipidcity Treaty ( Washin^'toJi,) KansasNel>ia>ka iiill jiassed. Kansas riots. ■lames P)iiclianaii, President. '• Dred Scott " case. Har|>e)'s i-'erry iiprisinj^. War of Secession iM't^Ul). .Miraliam Ijincoln, President. The .\liili:iiiiii sails fmm rii\er|>ool. bftl. xxu CHRONOLOGICAL TABLE. Colonial Laws Validity Act ISH;"). Fenian Raids , lS(i(>. Confederation Act 1867. Lisgar Ciovernor of ( !anada 1H(»8. North-Wewt Territorie.s awjiiired. . . IhlJ!). Province of Manitoba created 1S70. British Columbia added to Canada. 1H71. Dufferin Governor of Canjula 1 H72. 1H77. Lome Governor of Canad.a 1871^. Canadian Pacific Railway Comjtany organized 1 HHl. 1881. Lansdowne (iovernor of Canada... 1883. North-West Rebellion suj)|»reHsed . . 188;->. Stanley (iovernor of Caniv'.u 1888. 188i». Andrew Johnson, Pre.sident. IHysses S. (irant, President. Treaty of Washington. Rutherford H. Hayes, Paesident. James A Garfield, President. Chester A. Artliin-, Presidc^nt. Grovcr Cleveland, President. Benjamin Harrison, President. ERRATA. Pago 25, Note '2H— For " .Vppendix M " read " Apiiendix B, p. 272." Page 89, Note l.*)— For " Case of Ireland against England " read " Case of Ireland's being bound by Acts of Parli vniont in England stated." Page 183, Note 1.5— For " pp. nn-no below " road " i)p. 175 170 above." Pages 2a5-23(i— Note 50 sliould be Note 44, and the numbering of the intormodiate notes Bhould be changed so that 44 becomes 45; 45 becomes 4() ; 40 becomes 47 ; 47 becumes 48 ; 48 becomes 49 ; and 49 becomes 50, m EXTRACTS "'ROM THE TREATY OF UTRECHT,' 1713. The Treaty of Peace ami Friendship between the Most Serene and Most Potent Princess Anne, by the Grace of God, Queen of Great Britain, France, and Irehmd, and the Most Serene and Most Potent Prince Lewis the XlVth, tlie I\Iost Serene and Most Potent Christian King, concluded at Utrecht, the ;'} day of ^J^;';:';''. XlVd.'' I. That there be an universal peace, and true and sincere fiiendship, between the most Serene and most Potent Princess Anne, Queen of Great Britain, and the most Serene and most Potent Prince Lewis the XlVth, the most Christian King, and tlicir lieirs and successors, as also the kingdoms, states, and subjects of both, as well without as within Europe; X. The said most Christian King shall restore to the kingdom and Queen of Great Britain, to be possessed in full right for ever, the bay and streights of Hudson," together witli all lands, seas, sea-coasts, rivers, and places situate in the said bay and sti'eights, and what belong thereunto, no tracts of land being excepted, which are at pi'esent possessed by the subjects of France. All which, as well as any buildings there made, in tlie condition they now are, and likewise all fortresses there erected, either before or since the French seized the same, shall, within six months from the ratification of the present treaty, or sooner if possible, be well and truly delivered to the British subjci^i,.-., having commission from the Qucon of Great Britain to dcn%and and receive the same, entire and un- diminislied, togethur with all the cannon and cannon-ball which are tliorein, as also with a quantity of powder, if it be there found, in pro- portion to the cannon-ball, and with the other provision of war usually belonging to cannon. It is, however, provided, that it may bo entirely free for the company of Quebec, and all other subjects of the most Christian King whatsoever, to go by land or by sea, whitlu.Tsoever they please, out of the lands of the said bay, together with all their goods, morcliandizes, arms, and effects, oi what nature and condition soever, except such things as are above reserved in this article. But it is agreed on both sides, to iletermino within a year, by commissaries to be forth- with named by each party, the limits wliich are to be fixed between the saitl Bay of Hudson and the places appertaining to the French ;* which liniits both the British and French subjects shall be wholly forbid to pass over, or thereby to go to each other by sea or by land. The same n.c.c. — 1 THE TREATY OF UTIIECIIT, commissaries sliall also have orders to describe and settle, in like manner, the boundaries between the other British and French colonies in tliose parts. XL The above-mentioned most Christian Kinf^sliall take care that satis- faction be j^ivcMi, according' to the rule of jnstice and eqnity, to the Ent,'lish company tradinj^ to the Bay of Hudson, for all danuif^es and spoil done to their colonies, siiips, persons, and floods, by the hostile incursions and depredations of tlie Fronch, in time of peace, an estimate beinj,' made thereof by commissai'ies to be named at the rcijuisition of each partj". The same comiu'ssaries shall moreover in(juire as well into the com- plaints of tlie British subjects concerniui; ships taken by the French in time of peace, as also concerning the dama^'es sustained last year in the island called Montserat, and others, as into those thinj^s of which the French subjects complain, relatini; to the capitulation in the island of Nevis, and Castle of Gambia, also to French ships, if perchance any such have been taicen i)y British subjects in time of peace ; and in like manner into all disputes of this jiind, which sliall be found to have arisen between botli nations; and due justice shall be done on both sides without . delay. XII. The most Christian Kinj^ shall take care to have delivered to the (,)neen of Great Britain, on the same day that the ratification of this treaty shall be exchani;ed, solenni ami authentic letters or instruments, by virtue of wiiich it shall appear tliat the island of St. Christopher's is to be possessed alone hereafter by British subjects, likewise all Nova Scotia •or Acadie, with its ancient bountlaries,'' as also the city of Poit Royal, now called Amiapolis I{(\val, and all other thinf,'s in those parts which depend on the said lands and islands, toj^ether with the dominion, pro- priety, and possession of the said islands, lands, and places, and all ri^'ht whatsoever, l)y treaties or by any other way obtained, which the most Christian Kinj,', the Crown of France, or any tiie subjects thereof, have hitherto had to the said islands, lands, and places, and the inhabitants of the same, are yielded and made over to tlie Queen of Great Britain, and to her Crown, for ever, as the most Cliristian Kin.^ doth at pi osent yield and make over all the particulars above said" ; and that in such ample manner and form that the subjects of the most Christian Kinj.', shall liereafter be excluded from all kind of lishinj^ in the said seas, bays, and other places, on the coasts of Nova Scotia, that is to say on those which lie towards the east, within HO leaj^ues, bj;^inninit,' from the island com- monly called Sable, inclusively, and thence stretchiu!^ alon^ toward the south-west. XIII. The island called Newfoundland, with the adjacent islands, shall from this time forward beloiij^ of rij^ht wholly to Britain ; and to that end the town and fortress of I'hicentia, and whatever other places in the THE TUEATY OF UTRECHT. 5 said isliind aro in tlie possession of the French, shall be yieldetl and f^iven 111), witliin seven niontlis from tlio exchanf^e of the ratifications of tliis treaty, or sooner, if possible, l)y the most Christian Kinj,', to tlioso wlio have a commission from tiie Queen of (Ireat Britain for that purpose. Nor shall the most Christian Kin^,', his heirs and successors, or any of their subjects, at any time hereafter, lay claim to any rif4ht to the said island and islands, or to any part of it or them. ^loreover, it shall not be lawful for the subjects of France to fortify any place in the said island of Newfoundland, or to erect any buildin<,'s there, besides staj^cs made of lioards, and huts necessary and useful for dryin>4 of fish ; or to resort to the said island, beyond the time necessary for tishinf^ and dryin<^ of fish. Ihit it shall be allowed to the subjects of France to catch fish, and to dry tlicni on land, in that part only, and in no other besides that, of the said island of Newfoundland, which stretclies from the place called Cape Bonavista to the northern [loint of the said island, and from thence runninf^ down by the western side, reaches as far as the place called I'oint Riche." But the island called Cape Breton, as also all others, both in the mouth of the river of Ht. Lawrence and in the j^ulf of the same name, sliall hereafter belon<,' of rij,'lit to the French, and the most Christian Ivin^' sliall have all manner of liberty to fortify any place or places there. ^ XIV. It is expressly provided that in all the said places and colonies to be yielded and restored by the most Christian Kin.i;, in pursuance of this treaty, the subjects of the said Kini,' may have liberty to remove themselves within a year to any other place, as they shall think fit. together with all their moveable effects. ]iut ,tliose who are willing,' to remain there, and to bo subject to the kin^'dom of Great Britain, are to enjoy the free exercise of their relij,'ion accordiiif^ to the usuf^'e of the (lliurch of Rome, as far as the laws of Great Britain do allow the same.''' XV. The subjects of France inhabitinf; Canada, and others, shnll hore- iifter <.!ive no hindrance oi- molestation to the five nations or cantons of Indians, subject to the Dominion of Great Britain, nor to the other natives of America, who are friends to the same In like manner the subjects of Great Britain shall behave themselves peaceably towards the Americans who are subjects or friends to France ; and on both sides they shall enjoy full liberty of f^oinj^ and comin^^ on account of trade. As also tlio natives of those countries shall, with the same liberty, resort as they plea ,0 to the British and French colonists, for promoting,' trade on the one sioe and the other, without any molestation or hindrance, e'ther on the part of the British subjects or of the French. But it is to be exactly and distinctly settled by commissaries, who are, and who ought to bo accounted the subjects and friends of Britain or of France. G TIIK TUKATY OF LTRECIIT. NOTES TO THE TR1:ATY of UTRECH'J'. 1 T!io text is reprinted from tlio " ('olleetidii of Treatic.'s between Clreat Britain anil otlier powers ," iniblislied by George Clialniers lit Lonilon in IT'.O. In that colle!(!liiin tlic 'rreaty of Utreclit is, accordint; to the compiler, "printed from the eopy whieh was i)ul)Uslied by authority in 17l:t." 2 Tlic two dates hero t,'iven are accordint,' to tlio Old Stylo and tlie Now Style; the latter had been adopted by France in I'lHi, and it was not adopted in England till 17.J1. :i For the Charter of the Hudson Hay Company see Ontario Sessional Papers, vol. xi, No. ;U. ■I The boundary was novor detormined l)y the commissaries appointed under the Treaty of Utreclit (Ont, Sess. I'apers, vol. xi. No. ;il, p. i:!0 p.), and it remained un- settled until Canada bocauio a British I'rovince. There was then no pressing reason for detininH it, and it remained undetermined until it was defined by the Imperial Act of 18S9, 02 & 5:3 Vict, cap '28, which settled the northern boundary of Ontario. s These ancient boundaries are thus ^ivon by Murdoch in his " History of Nova Scotia or Acadia"; "Acadia was then bounded on tiie north by the Gulf of St. Lawrence, on tlie east by the Atlantic, on the south by the river Kennebec, and ou the west by tlie I'roviiicf! of Canada, its northwesternmost boundary being in Gasjie Hay." Thus detined, Acadia included the present rrovinces of Nova Scotia anil New Brunswick, and part of the State of Alaine. The St. Croix river is named as tln; boundary, instead of the Kennebec, in the Commission to Walter Paterson, the first ({overnor of Prince Edward Island, in 17ti'.), and this delinition Is repeated in the Commission to Thomas Carletmi. the first (ioveniorof New Brunswick, in 1781. (See Dominion of Canada Sessional Papers, vol. xvi. No. 7U.) For an account of disputes between the French of .\eadia and the British Colonists of New England over tho district between those two rivers, see Kingsford's "History of Canada,'' Murdoch's "History of Nova Scotia," and the volume of "Selections" mentioned in Note G. Governor Philipps was instructed, in 17'2!), to appoint Commissionors to confer with Commissioners appointed by the Governor of Canada as to the boundaries of Acadia. This was m^ver done, and for eoriespondenee on the subject see " Selec- tions from thtr l'iil>lic Documents of the I'rovinci! of .Nova Scotia," Halifax, 180'J. Gov. Philipps' iiistnictioiis are given in the Dom. Sess, Papers, Vol- xvi. No. 70. 7 Compare till' ju'ovisi. ins of this treaty resiiecting lisliing privileges with those reserved to Fninci' in tlie Treaty of Paris, 17('i:i. See also the [irovisions in the Treaty of Versailles, l'^>:i, relating to the same franchises; and the provisions of the Treaty of Purls, 17."^.'), tlii^ Treaty of tilienl, 1M4, the Convention of ISl.s, and tho Treaty of NVashiiigtoii, l.s7l, dealing witli the claims of the United States to tho Canadian fisheries. l''or these documents see .Vpiiendix .\. s This right was exercise 1 in tin? case of Ijouislmrg, which was luade the centre of I'reuch operations in Acadia. Cape Bp'ton was linally ceiled to Great Britain by the 'I'reaty of Paris, 17(')3. '■> Compare the concessions made in i\w articles of ciipitulation of Montreal, 1700; in tho Treaty of Paris, 170) ; in tho Quebec .\ct, 1774; and in tlio Constitutional Act, 171)1. "'A MARITIME I'UOVINCE ASSEMBLIES. at Britain . In that from the ;o\v StyU' ; n I^nt-hmcl al Papers, I nnder the nained un- 10 pressing neil hy the oundary of 3ry of Kova Gulf of St. bee, and oti ry beins in ^^ova Scotia er is named ;r I'aterson, Is repeated nswick, in 11 account of New History of Selections " IS to confer niilnries of -co •• Selec- alifax, IHC'J. No. 70. with those ions in tlie ivisidus of (if isis, and jd States to tlie centre ■cat Britain ntieal.lTOO; istitntinnal sts REPRESENTATIVE ASSEMBLIES IN THE MARITIME PROVINCES.* Nova Scotia.^ 1. Till' Intvoduction of Brithh Settlein?nt and of Civil (jurcnniieiit.* Whitkiiall, 7th ^larcli, 1749. A proposal havinf^ been presentecl unto His Slajesty for the establish- ing' a civil t,'overnnient in the Province of Nova Scotia, in North America, as also for the better peoplin<^ and settling' the said Province, and extend- iuu, and improving the fishery thereof, by f,'rantinj^ lands within the same, and j^ivin^ other encoura-^enient to snch of the officers and private men lately dismissed His Majesty's land and sea service, as shall bo willin<^ to settle in said Province. And His Majesty having signed his royal appro- bation of the report of the said proposals, the Right Honourable the I-ords Commissioners for Trade and Plantations,' do by His Majesty's commands give notice'' that proper encouragement will be given to such of the officers and private men lately dismissed" His Majesty's Land and Sea Service as are willing to accept of grants of land, and to settle with or without families in Nova Scotia. That fifty acres of land will be granted in fee simple to every private soldier or seaman, free from the payment of any quit rents or taxes for the term of ten years, at the expiration whereof no person to pay moi'ethan one shilling per annum for every fifty acres so granted. Tl'.at a grant of ten acres, over and abive the lifty, will be made to each private soldier or seaman having a family, for every person includ- ing women and children of which his family shall consist, and from the grunts nuule to them on the like conditions as their families shall increase, or in proportion to their abilities to cultivate the same. That eighty acres on like conditions will be granted to every officer under the rank of Ensign in the land service, and that of Lieutenant in the sea service, and to such as have families fifteen acres over and above the said eighty acres for every person of which their families shall con- sist. Tliat two hundred acres on like conditions will be granted to every Lnsign, three hundred to every Lieutenant, four hundred to every Captain, and si.\ hundred to every ofticer above the rank of Captain. aeoR 8 IllOPHESKNTATIVE ASSEMBLIES. And to Hiich of the iibove moiitioned oflicors, as liave fiunilios, a fnrtlicr grant of thirty acres will be made over and above their respective (]Uotas for every person of which their families shall consist." That the lands will be parcelled out to the settlers as soon as possible after their ai'rival, and a civil {^(jvernmeiit established, whereby tiiev will enjoy nil tlie liberties, privile},'es, and immunities enjoyed by Ilis Majesty's subjects in any other of the Colonies and I'lantations in America, under His i\Iajesty"s government, and proper measures will also be taken for their security and protection. That all such as are wiliinj^ to acce[)t of the above proposals shall, with their families, be subsisted diUMnti the passa^'e, also f(n' the s[)Mce of twelve months aftei- their arrival. That tiiey shall be furnished with arms and ammunition as far as will bo jutl^ed necessary for their defence, with a [iroper (]uantit\' of materials and utensils for husbandry, clearing,' and cultivatiiii,' the lands, erecting' habitations, carrying; on the iishery, and such other purposes as shall be deemed nccessai'y for their supjjort. Thiit all such persons as are desirous "of en.i,'a.i,'in^' in the above settle- ment, do transmit by letter, or |)ersonally j^ive in their names, sij^nifyinf^ in what rej^imont or company, or on board what slrp they last served, and if they have families they intend to carry witli tiiem, distin.i,'uishing the aj;e and ([uality of such person to any oi the followinj^ ofticers apiiointed to receive and enter tlie same in the books open for that pur- pose, viz :— John I'ownell,'* llsq., Solicitor and (.'lerk of the Kepts. of the Lords Comrs. of 1'rade and I'lantations, at their ollice at ^V'hite- hall ; John Uussell, iOs<|., C'onir. of Ifis ^Majesty's Navy at Ports- mouth ; Philip Vanbur^h, llsq., Comr. of His Majesty's Navy at Ply- mouth. And the proper notice will be j^iven of the said Hooks beiuf^ closed, as soon as the intentled number snail be completed, or at least on the 7th day of April. It is ))roposed that the transports shall be ready to receive such persons on board on the 10th April, and bo ready to sail on the '20th, and that timely notice will be ^jiven of the place or places to which such persons are to re[)air in order to embark. That for the benefit of the settlement, the same conditions which are r.roposod to private soldiers and seamen shall likewise be t,'ranted to v •;• jK'Hters, Shipwri^^hts, Smiths, Masons, Joiners, 15rickmakers, Brick- 1', tr?;, and all other artilicers necessary in building or husbandry, not U ''-^ private soldiers or seamen. 'x luiii the same conditions as are proposed to those who liave served in the capacity of Ensif^n shall extend to all Surgeons, whether they have RKPRKSEN'TATIVE ASSEMBLIES. 9 been in IIi« ^Vliije^ty's service or not, upon their prodncin;,' proper certifi- cates of their bein!4 ihily ijuiililied. ]>y order of the Ki.ijht lion, thu Lords Conn's, of Trade luid Phmta tions. TlIoMSS IIlI.l,, hjecretury. •J. Cdiiniiis.'^ioii III' (iovcrnur C, hy tiie (!race of (loci of (Ireat Britain, I'l-ance and Inland, Kin^', Defender of tlie Faitii, etc. To onr trusty a!id well- beloviMl, the Homnwble J'JnwAin) CoitNWAi.i.is, Jlsijuire, Ciret'tinj^. Whereas wf did by onr letters patent nnder our (ireat iSeiil of (ireat Britain, bear- in;4 date at Westminster the eleventh day of September in the second yearof our rei;,ni, constitute and a[)[)oint Hieliard l'hili])[)"s,' ' J'Js(juire, our Ca^itain Cieneral and Governor in Cliiuf, in and over our I'rovince of Nova 8cotia or Acadie'-' in America, with all the rii^hts, members and appnrtiiiances whats(]e\er thereunto belonj^int,', for and duiin;^ our will and pKasurc ; as by the said recited letters patent, relation beinj,' there- unto iiad, may more fully and at lai'f^e appear. Now know yon that we have rcNoked and detirmined, and by thcsi' presents do revoke and determine the said recitetl lettei's patent, and every clause, article and thinj,' tlierein contained ; and furtlier know you that we reposing,' special trust and confidence in the prudence, coura'^c, and loyalty of you, the said Edward Cornwallis, of our special ^race, certain knowled^'e and meer motion, have thouf^ht tit to constitute am.! api>oint you, the said J'^dward Cornwallis, to be our Captain Geneial, A (lovernor in Chief in and over our l'ro\ ince of Nova Kcotia or Acailie in Aniei'i(;a, with all the rij^hts, members, and a[)purtenances whatsoever thereunto belon.t^in^', and we do hereby recpure and comnuind you to do and execute till things in due manner that shall belon;,' unto your said coinnnind and the trust we have reposed in you accordini^ to the several powers and authorities j,'ranted or appointed yon by this pi-esent Conunis- sion and the instructions herewith j^iven yon, or l)y such fui'ther powers, instruetions and authorities as shall at any time hereafter ite granted oi" appointed yon under our sif^net and si;^n manutd, or by our order in oxw privy Council, and accordin;,' to such reasonable laws and statutes as hereafter shall be made or a<^reed ui)on by you with the advice and con- sent of our ("ouncil and the Assembly of our said Province, under your ^,'overninent hereafter to be ai)pointed in such nninuer and form as is hereafter expressed. And for the better administration of justice, and the management of tlie public affairs of our said Province, we hereby j^ive and ;,'rant unto you, the said V^dward Cornwallis, full power and authority to chuse, u 10 REPRESENTATIVK ASSEMnLIKS. nominate, and appoint such fitting and discreet persons as you sliall either find there or carry alonj,' with you not exceodinj^ tlie number of Twelve, to be of our Council ' -' in our said Province. As also to nominate and appoint by warrant under your hand and seal all such other ofticera and ministers as you shall jud>,'e proper and necessary for our service and the ),'ood of the people whom we shall settle in our said Province until our further will and pleasure shall be known. And our will and pleasure is, that you the said Edward Cornwallis, (after the publication of these our letters patent) do take the Oaths appointed to bo taken by an Act'^imssod in the first year of his late Majesty's, our Royal fpther's reif,'n, entitled " An Act for the fui'ther security of His Majesty's Person and Government and the succession of the Crown in the Heirs of the late Princess Sophia, beinj^ Protestants, and for extinguishing; the hopes of the pretended Prince of Wales and his open and secret abettors." As also that you make and subscribe the Declaration mentioned in an Act^* of Parliament made in the twenty- fifth year of the reign of King Chai'les the Second, entitled " An Act for preventing danger which may happen from Popish Kocusants." And like- wise that you take the usual Oath for the due execution of the ofiice and trust of our Captain 'General & Governor in Chief of our said I'ro- vince, for the due o,nd impartial administration of justice; and further that you take the oath required to be taken by Governors of Plantations to do their utmost that the several laws relating to Trade and the Plantations be observed. All which said oaths and declaration our ^ative voice in the making and passinj,' of all Laws, Statutes it Ordinances as aforesaid. And you shall it may likewise from time to time, as you shall judi^c it necessary, adjourn, [)ror(.>^;ue it dissolve all (ieneral Assemblies ;is aforcstiid. And our further will aucl pleasure is that you shall and may Iveep it use the rublick Seal of our l'ro\ince of No\a Scotia for sealing all tilings whatsoever that pass the Oreat Seal of our said Province under your Government. And we do further j.;ive and 1,'rant unto you tlie said lOdward Corn- wallis full power and authority from time to time it at any time here- after, by yourself or by any other to be authori/ed by you in that behalf, to administer and '^ive the Oaths mentioned in the aforesaid Act tcj all and every sucli [lerson or [lersons as you shall think fit, who sliall at any time or times pass into our said I'rovince or shall be residing' or abiding there. And we do by these presents give and grant unto you the said Edward Cornwallis full ])ower and authority, witii advice and consent of our said Council, to cect, constitute, and establish such and so many Courts of Judicature it Publick Justice within our said Province and Dominion as you and they shall thiidv fit and necessary for the hearing it determining all causes as well Criminal as Civil according to Law and Equity, and for awarding of Execution thereupon with all reasonable and necessary powers, authorities, fees it privilege& belonging thereunto, as also to appoint tt commissionate fit persons in the several parts of your Govern- ment to administer the oaths mentioned in the aforesaid Act, entitled UKI'RKSENTATIVF, ASSKMnLIKS. 13 "An Act for tlio fiivtlicr security of Tlis ^lajfsty's Person it Governinciit A' the Succession of the (,'ro\vu in tiie Jlcirs of tlie lute I'l'incess Sophia heina Protestants, and for extinj^uishin^' tiie liopes of tlie ))retei!cle(l Prince of Wales and liis open and secret ahettors ; " as alsn to iidminister the afiiresiiiil declaration unto such persons helon^'iiiL; to the said Courts as shall l>e oblii^'i'd to take the same. And we do hereby authorise and inijjower you to constitute and ajipoint .]ud>,'es, iV in (;ases relpli^^ite Conunissioners of Oyer iV Teiininer, Justices of the Peace, and other necessary otVicers iV ministers in our said I'rovince for the better administration of Justice and jiuttin;,' the Laws in execution, and to administer or cause to be administeri'd unto them such oath or oaths as ari' usually ^'iven for the due execution and performance of offices and places and for the eleai'in^' of truth in -Judicial Causes. And we do hereby j^ive and ^'rant unto you full power iV authority, where you shall see cause, or shall judj^e any offender or offender in criminal matters oi- for any fhies or forfeitures due unto ns lit objects of our mi'rcy, to pardcin all such offenders and to reniitt all such offences, fines anil forfeitures, treason iV willfull murder only excei)ted ; in which cases you shall likewise ha\e jiower >i))on extiaordinary occasicnis to j,'i'ant reprieves to the offenders untill iV to the intent our Koyal [ileasure nniy be known therein. We do by these presents authorise and empower you to collate any person or persons to any cliurches, chapels, or other ecclesiastical heiie- ticos within our said Province as often as any of tliem shall happen to be void. And we do hereby j^ive it ^rant imto yon the said IMward ('ornwallis, by yourself or by your ca))tains it connnanders by you to be authorised, full power and authority to levy. arm. mnsti'i', comnumd it employ all persons whatsoever residing within our said Province, and as occasion shall serve, to march front one jilacc to another or to emliark tia'm for the resistinj,' it withstanding of all enemies, pirates it rebels, both at land and sea, and to transport such forces to any of oiu- plantations in America, if necessity shall require, for the defence of the same ai;ainst the invasion or attempts of any of our enemies : and such enemies, [)irates tt rebels, if there shall be occasion to [)ursue and prosecute in fir out of the limits of our said Province and plantations or any of them it (if it shall so please God) to vanquish, apprehend iV take them, it bein;4 taken, according to law to put to ileath or keep and preserve them alive at your discretion, it to execute Martial Law in time of invasion or other times when by law it may be executed, it to do iV execute all it every other thiiij^ or thinj^s which to our Captain Generals iV Governor in Chief, doetli or ought of right to belong. 14 HKIMIKSEXTATIVK ASSF,MIU,IKS. And wo do hereby U'vc it' [.'niut unto you full power and authority by cV with the advice and consent of our said Council of Nova Scotia, to erect, raiHc iV hnillit hi and necessary. And we do hereby rei|uire i'^' command all oHiccrs A" ministers, civil A' military, and all other Inhabitants of our said I'rovinco, to be obedient, aiding and assis^in<,' unto you the said Edward Cornwallis in the execu- tion of this our commission and of the powers A' authorities herein con- tained, and in case of your death or abscence out of our said I'ro\ince to Ijc ubodifiit, aiiliiiL; A' assi'tiiii,' unto such person as shall be aiiiioiuted 16 REPRESENTATIVE ASSEMBLIES. l)yus to be our liientenant (lovcrnor or Commandor in Chief of onr said Province ; to wliom wo do tliercfore by these presents <;ive & fM-ant all iS: sin<,'nlar the powers tV authority's herein f^ranted, to be by him executed tt enjoyed durin^^ our pleasure or untill your ai'rival within our said Province. And if upon your death or absence out of our said Province there be no j)erson ui)on the place commissionated or appointed by us to be our r.leutenant Governor or Commander in Chief of the said Province, our will it pleasure i:4 that the Eldest Councilor, who shall be at the time of your death or absence residing within our said Province, shall take upon liini the administration of the government and execute our said Com- mission A Instructions and the several powers and authorities therein contained in the same manner ct to all intent and purposes as either our Governor or Commander in Chief siiould or ought to do in case of your absence until your return, or in all cases untill our further pleasure be known herein.'" And we do hereby declare, ordain ct appoint that you the said Edward Cornwallis shall & may hold, execute X- enjoy the oftice & place of our Captain General & Governor in Chief in & over our said Province of Nova Scotia, with all its rights, members & appurtenances whatsoever, tOL'ether with all i^ii- singular the powers and authorities hereby granted unto you for and during ou- will it pleasure. In witness whereof wc have caused these our letters to be made patent. Witness ourself at Westminster the sixth day of May in the twenty-second year of our reign. By writ of Privy Seal. (Signed) Youke & Yorke.»» [L. S.] •{. F..ctr((ct j'lviii r fjitirri'iice^'-' to the Lords of Trade and I'llllltlltiollS. Jany. I'Jtu, 17;")5. I acquainted your Lordships in a former Letter that Mr. Pownall had, as from your liordships exprcHscd to the Cliief Justice some doubts about the Legislative authority of the Council.'^" 1 now transmit your Lord- ships his opinion thereon it is a case 1 am by no means a competent judge of but that power has hitlierto passed unquestioned in this Colony, and I doubt not but your Lordships are well satislied by both the Governors'-' that have gone liome, how impossible it is in our present circumstances, to cull an assembly, and what numberless inconveniences would attend REPRESENTATIVE ASSEMBLIES. 17 the colli'ctin^' a sot of ))i'()i)l(.' siicli ;is iire ti) be t'ounil ill tliis I'rovinco, in that sliii])t'. until we lire \K'iU'V prt'parcil for it, or it is in their i)o\ver to !.'r;uit money towards lU'frayin;^ the puhiie expense. Cii.\r.Li;s La\vi;i:.\ck. 1. Kxtrnct from a Letter of tht' I.oril.< if Tnnle itiid I'liiitiilioiia to (lovenior Liiicreitee, dateil Wui\\:i\\hL, "Slw 7th. n').'). Innncdiiitcly npon the receipt of your Letter, we took into Considera- tion the observations made by tlie Chief Justice upon the power of the (tovcrnor it Council of Nova Hcotia, to pass Laws without an assembly, and as it appeared to us to be a matter of very great conseipience, We transmitted those observations toj,'ether with such parts of His Majesty's Coni'.nission and Instructions as related to tlu^ passing of Laws to His .Majesty's Attorney iV- Sollicitor (!enl. for their oi)inion ujjou this point, and having received their report, we herewith inclose to you a copy of it foi- your Guidance and Direction, and thout^h the callinL? of an Assembly niiiy in the i)resent circumstances of tlie C!olony be difficult and attended with some inconveniences, yet as the (Vttorney and KoUicitor (ieneral are of opinion that the Governor and Council have no power to enact Tiaws, we cannot sec how the Government can be properly carried on without such an Assembly ; We desire therefore you will immediately consult with his ^Majesty's Chief Justice in what manner an Assembly can be most properly convened, of what number of members it shall consist, how those members shall be elected, and what rules and methods of [)roceeding it nniy be necessary to prescribe for them, transmitting to us as soon as [lossiblo Your Opi-iion and Report thereupon, in as full and explicit a manner as possible, to the end We may lay this matter before His ^Majesty for His Majesty's further Directions therein. As the Validity, however, of the Laws enacted by the Governor and Council, or the authority of those acting under them, do not appeal' to have been hitherto questioned. It is of the greatest conseciuence to the I'eace and Welfare of the Province that the oiiinion of His I\[ujesty's Attorney A' Hollicitor General should not be made public untill an Assembly can be convened and an Indemnilication passed for such Acts as have been done under Laws enacted without any proper authority. 5. O^)' 'o)i of tlie ittorney uitil Solieitiir General. Pursuant to your Lordships' desire Signified to Us by Mr. Hill in bis Letter of the 31st of March last, setting forth, that a doubt having arisen whether the Governor and Council of His Majesty's Province of Nova 18 REPRESENTATIVE ASSEMBLIES. Scotia have a Powei' of enacting' Laws within the said Province, and Jonatlmn Hciclier, J'^aq., havinj^ transmitted to your Lordships his obser- vations tliercupon inclosing to Us a Copy of the said Observations tof^otlier with Copys of several clauses in the Commission and Instruc- tions of tiie said Governor of that Province referred to (all which ai'e herewith returned) and desiring' our opinion, whether the said Governor and Council liave or have not a Power to enact Laws for the pubHc Peace, Welfare and fjood Government of the said Province and the People and the Inliabitants thereof. We have taken the said Observations and clauses into Our Considera- tioii and are iumibly of opinion that the Governor and Council alone are not authorized by His Majesty to make Laws till there can be an Assembly. His Majesty has ordered the Government of the Infant Colony to be pursuant to his Commission and Instructions and such further Directions- as Ho sliould ^ivo under his Hi<;n Manual or by Order in Council. All of which is humbly submitted to Your Lordships Consideration. (Signed) Wm. Mcruay.^^ April 'illth, 17u5. Richd. Lloyd. 0. Prupo.-ii'd Ci))i,stituli()n of the LeQislative Asitemhhj, At a Council'^ •' holdenat the Governor's House in Halifax, on Monday,, the ;h'd Jany., IT;')?. His r].\ceilency, the Governor, toj^'cthcr with His IMajesty's Council, having had under mature consideration the necessary and most expedient measures for currying into Ivxecution those parts of His Majesty's Com- mission and Instructions wliich relate to the calling General Assemblies witliin the Province, came to the following Kesolutions thereon, viz : That a House of Representatives of the inhabitants of this Province be the Civil Legislature tliereof, in Conjunction with His Majesty's Governor or Comnmnder in Chief for the time being, and His ^Majesty's Council of saiil Province, the first House to be Elected and Convened in the fol- lowing manner, and to be stiled tlie General Assembly, vizt. Tliat tin re slmll he Elected for the Province at large until the same sluiU 1)L' divided into Counties 12 members, I'or the Township of Halifax 4 " For the Township of Lunenburg 2 " For the Townsliip of Dartmouth 1 " For tlie 'J'ownship of Lawrence Town.... 1 " For tlie Township of Annapolis Koyal.... 1 " For the Township of Cumberland 1 " 22 « • * • • RKl'KKSKNTATIVE ASSEMBLIKS. 19 ouncil, ledient Com- mblies nee be )vernor Jouncil the fol- suine Tliat wlien twenty-five Qnaliticd Electors shall be settled at Pisiquid, Minas, Cobequid, or any otiiei- Townships which nuxy hereafter be erected, eacli of the said Townships so settled, shall for their enconrajjernent be entitled to send one Representative of the General Assembly, and shall iikr'wise have a Ili^'lit of voting,' in the Election of llace as His Excellency, the Governor, shall appoint in the Precept. That the Provost Marshal or his Deputy shall be the returning officer of the Elections, to be held by him with the Assistance of three of the Free- holders present, to be appointed and sworn by the returning officer for that purpose, and in case a scrutiny shall be demanded, the same shall be made by them, and in case of further contest the same to be determined by the House. The Poll for each Township to be closed at the expiration of Forty -eight hours from the time of its being opened ; and for the Pro- vince at large the Poll, after four days from the time of its being opened for the election, shall be sealed up by the returning officer for each Town- ship, and transmitted to the Provost Marshal by the first opportunity, that seasonable notice may be given to the persons who shall upon exam- ination appear to have been chosen by the greatest number of the said votes. Provided, nevertheless, that if the votes in the Township of Annapolis Royal and Cumberland for the first members of the Province at large, shall not be returned Eight days before the expiration of the time limited for returning the Precept, the Provost Marshall shall, in •such case, proceed to declare who are the persona elected, from the other votes in his hands. That the Provost Marshall or his Deputy, shall appoint for each candi- date, such one person as shall be nominated to him by each candidate, to be Inspectors of the returning officer and his assistants. That no person shall be deemed duly Elected who shall not have the vote of a majority of the Electors present. That the names of all persons voted for, together with Names of the Voters, shall at the time of voting be publickly declared and entered on a Book kept for that purpose. That in case of the Absence of any of the members from the Province, for the term of two months, it shall and may be lawful for the Governor, Lieutenant Governor, or Commander-in-Chief (if he shall judge it neces- sary) to issue his Precept for the choice of others in their stead. That the Returning Officer shall cause the foregoing Resolution to be publicly read at the opening of each meeting for the Elections, and to govern the said meeting agreeable thereto.'-" CiuuLEs Lawuknce. REPRESENTATIVE ASSEMBLIES. 21 7. Extract from Letter of Lords of Trade to Governor Lawrence. Whitehall, FEnY. 7, 1758. We have fully conaidered that part of your Letter which relates to tlie callinj,' an Assembly, and also the Plan for that purpose, contained ill the minutes of the Council transmitted with it, and having so often iuul so fully repeated to you our sense and opinion of the propriety & necessity of this measure takiiif^ place, it only now remains for Us to direct its beinj,' carried into immediate execution, that His Majesty's subjects (great part of whom are alleged to have quitted the Province on account of the great discontent prevailing for want of an Assembly) may no longer be deprived of that privilege, which was promised to them by His Majesty, when the Settlement of this Colony was first undertaken, 4nid was one of the conditions upon which they accepted the Proposals then made. We are sensible that the Execution of this measure may in tlie present situation of the Colony be attended with many difficulties, niid possibly may in its consecpiences, in some respects interfere with, and probably embarrass His Majesty's service ; but without regard to these -Considerations, or to what may be the opinion of individuals with respect to this measure. We think it of indispensable necessity that it should be immediately carried into execution. Prince Edward Island. ■i» Coinmi union to Governor Paterso)i, 1769. Geohc.e the TriiuD, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To our trusty and well-beloved Walteh Pateuson, Esquire, greeting. Whereas we did by Our Letters Patent bearing date at Westminster the Eleventh day of August, one tliousiind, seven hundred and sixty-six, in the sixth year of Our lleign, constitute and appoint our trusty and well-beloved William Campbell, Esquire, commonly called Lord William Campbell, to be our Captain- General and Governor-in-Chief in and over Our Province of Nova Scotia, bounded on the westward by a line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth of the River St. Croix, by the waid river to its source, and by a line drawn due north from thence to the southern boundary of Our Colony of Quebec,'^" to the nortiiward by the said boundary as far as the western extremity of the Bay des Chaleur, to the eastward by the said Bay and the Gulf of St. Lawrence to the Cape or Promontory called Capo Breton, in the Island of that name, iuchuling that Island, '^^ the Island of St. John,'"' and all other Islands 22 r?:preskntative ahhkmbliks. within six leagues of tlic coast, iiiul to tlio sontliwiinl liy tlic Atlantic Ocean from the said ("ape to CajK! Kahle aforosaid, i3!ulii(lin<^ tlio Island of that name, and all other Islands within forty leagues of the coast, with all the ri^;lus, members, and fijipni'tenances whatsoever therer.nto belonyinji, for and dni'ln",' our will and pleasure as b\' the said recited Letters Patent, relation bein.^ thereunto had, may more fully at larj^e appear. Now, know You that we have revt)ked and determined, and by these presents do revoke and determine, such i)arts and so much of the said recited Letters Patent, and every clause, article, and thint; theii^in contained as relates to or mentions the Island of St. John. And Fur ther Know i'ou, that we, reposinj^ especnil trust and confidence in tlie prudence, courage, anci loyalty of you the said Walter I'aterson. of Our especial (jrace, certain kiiowled-^e, and mere motion, have thouj^lit lit to constitute and ai;p(-i:' 1 by these Presents do constitute and appoint you the said ^\ a'tci ..e on to be our Captain-General and Governor- in-Chief in and ovc- I .i;.d of St. Jo}ui, and our Territories adjacent thereto in America, and whicli now are, or hitherto have been dependent thereupon, and wc 1) loroby rei;nire and command you to do and execute all thinf,'s in due maiaier i.; i.t siit. . oelon<.^ to your said command.'-"' * ' In witness whereof, We have cunseii these Our Letters to be made Patent : Witness Ourselves at Westminster, tlie fourth day of Aut,'ust, in the ninth year of Our Reign, By Writ of Privy Council. YonKK Q. YoitKK. New Brunswick. (\)mmisiii()it"" to Govi'mitr Ciirleton, 17SI. GEoiidi: THK Tniiii), liy the Gi'ace of God, of Great Britain, France and Ireland, King, Defender of the Faith, iVc. To Our Trusty and Well beloved Thom.vs Caulkton, Esquire, Greeting. We, reposing especial trust and confidence in the prudence, courage, and loyalty of you, the said Thomas Carlcton, of Our special grace, certain knowledge and mere motion, have thought tit to constitute and appoint you, the said Thonifs Carleton, to be our ('aptain-General and Governorin-Oiiei of our Province of New Brunswick, bounded on the westward by the month of the River St. Croix, by the said river to its source, and by a line drawn due north from thence to the southern boundary of Our Province of Quebec,-" to the northward l)y the said boundary as far as the western extremity of the Ba\- dcs Chaleur, to the eastward by the said Bay and the Gulf of St. Lawrence to the Bay called Bay Verte, to the south by a line in the centre of the Bav of Fundv from the River St. Croix, afore- UP:PKESENTATIVi: ASSEMBLIKS. 23 M\k\, to the month of tlie Muscjuat River, by tlie said river to its source, and from tlieiico by iv chir oast line across the isthmus into the Bay Vcrto to join tlie eastern line above described, includinj^ all islands within six lea^'ues of the coast, with ail the ri<,'hts, members and appurtenances vvlmtsoever tliereunto belonj^inj,', and We do hereby reijuire and command you to do and execute all things in due manner that shall ii.elon-,' to your miid cunmiand.-" ' * * ' * In witness whereof. We have caused these Onr Letters to be made Patent: Witness Onrself, at Westminster, tiie sixteenth day of August, in tlie twenty-fourth year of Our Keign. Bv Writ of Pr.vv Seal. Youkk. NU'J'ES TO KErUHSENTATIVE ASSEMBLIES IN THE MARITIME PROVINCES. lince and lid Well especial lyou, the Ind mere rriiomi's of our liouth of |e tlrawn •ince of Iwesteni hav and Mm 1 Tlieso .\ssoiiiblies wore established, not by Acts of the lU'itish I'arlianiont, but livcoiiunissions and instructions issued l)y the lviii« to tlieCioveniors of Provinces In this ruspuct their oriyiii was siniihir to tliat of th(^ Assi'inhlifs uf many uf tlio I'.iitisli I'lo" icL'S aloiiK the Athintic oniist. and - the tii'aty of .Vix-la-Chape!le in J747. The project out- lined in this paiier was [iromiited by a ilesire to create in Nova Scotia a British r-ettleiuciit that would i)rlh' two years before'. '■ See the similar grants siioi.dtUMl in the Koyal Proclamation, 1703. 24 NOTES TO REPRESENTATIVE ASSEMRLIES. " Urnther of Thomas Pownall, who in 1757 became Governor of MassachuHettK, and ill lTdC) publislied in Enfjland a work of some value on "The Arlministration of till' ColonioR." The name }iere is misspelt. I' Thfi flon. Edward Coruwallis, fifth son of the third Baron rornwallis, and nnclt! of tlie Lord Cornwallis, who surrendered with his army at Yorktown and nftf'rwiirds took a prominent part in the ne^'otiations wliifh resulted in the uninn of (irciit Hritain and Ireland. He was Governor till 17"i'2. 10 I'liilipps was appointed Governor in 1719, and asairi in 1728. The Commission issued in the latter year is the one here referred to. It is printed in full in the Sessional Papers of the Dominion Parliament, vol. .\vi.. No. 70. 11 See Note ."> to the Treaty of Utrecht, I'.! Tlicni liad l)0(!n a Council before, but its inembcrsliip was increased by this Coiiimi^sion. .\ftpr the creation of the Assembly in U'lH it was both an K.xecutive and a Lcyislative Council till IKtS. when Lord Dnrliam took steps to scjiarate the two fiiiiclions and assign them to distinct bodies. See the instructions to Lord Diirhiini in the Uom. Sess. Papers, vol. xvi.. No. 70. la 1 GeorRO I. cap. 13. H 2") Charles II. cap. 2. IS For a history of iho constitutional machiiKM-y of the various Hritish Provinces in America see Hancroft's " History of tlie l.'nited States of .\merica," edition of IRsTi. Ijodt,'e's ''Short History of the EnuHsli Colonies in America" is a Rood summary of the subject. A collection of colonial documents, includinR the most important charters, was published as early as 171)2 in Philadelphia by Ebenezcr Hazard. See also "The Federal and State Constitutiotis, Colonial Charters, and other Organic. Laws of the United States," compiled by Hen. Perley Poore, WasliiuRton. I.S77. Several of the .\ssemblios referred to in the text had been in active operation for more than a century before the settlement of Halifax. ii'i Law-^ were made until 1758 by the Governor and Council without an .\ssembly. For specimens of their legislative work see the "Selections from the Public Docimients of Xuva Scotia." 1" When (iovernor Lawrence died, somewhat suddenly, in 1700, Chief Justice Helcher, who was at that time President of the Council, aration the missing papers were transferred toEngland in accordance with instructions sent out to tlie Ciovernor to that effect. The sei)aration of New Hrunswick fi'om Nova Scotia, like that of Upper from Lower Canada si^ven years later, was due to the influx of United Empire Loyalists from the United States. !fl The remainder of tlii! Commission is virtually identical with the Commissions to Governor Cornwallis. of Nova Scotia, and (iovernor Paterson, of Prince Edward Island, except that a clause is inserted transferring the custody of idiots aud lunatics, and their estates, from the Imperial to the Provincial authorities. 1 26 TH?: CAI'lTrLATION OF (^IKliKC. AHTICLKS 1)K CAIMTII.ATION DK QlKliKC, 175!).' Articles dv capitulation (U-maiules ])ai' M. dc Kam/.ay,- Lieutenant pour io Roy coinnninilant les liaute et basse vilies do (Quebec, ('li"" de r Ordre Royal .V Militaire du St. liMuis. i\ son i'",xceilence ifonsieur ie Oeneral den troupes de sa Majcste J5rilani(iuo. " Tlie capitulation demanded f)ii tlio part of the enemy, and ^'ranted by tlu'ir Excellencies Admiral KainidiMs and (lenerai Townshend, iVc, Ac, iV'c, is in manner and form liereafter expressed "' AiiTici.r. i'iii;Mii.it. yi' de Ramzay demande les h>jnneurs de la guerre pour sa Jamison, drqu'elle soit ramenee a rarmeo en surete par le chemin le plus court, avec armes, ba^'aj^es, six ])icces de canon de fonte, deux niortiers ou obusiers, et douze cou[)S ii tirer par piece. " The j^arrison of the town, composed of land forces, marines, and sailors, shall i.iarch out witli tlieir amis ' and ha.^'^a^e, drums beating, matches lif^hbed, with two pietu^s of I''rencli canon, and twelve rounds for each piece; and shall be embarked as conveniently as possible, to be sent to tl;e tirst port in Trance. ' 2. Que les habitans soient conserves dans la possession de leur nuiisous, biens, diets et priv-ile,L,'es. ••Crrautf'd upon their layinj^ 'ee exercise of the Roman relif^ion is {^ranted, likewise safe- •■uarda to all reli^^ious persons, as well as to the IJiahop, wli'> shall be at liberty to come and exercise, freely and with decency, the functions of his office, whenever he siiall think proper, until tlie possession of Canada shall have been decided between their Britannic and most CluMstian ^Majesties." 7. Que I'artillerie et les munitions de guerre seront remises de bonne foy, et qu' 11 en sera dresse un inventaire. "Granted ■' 8. Qu'il en sera use pour lea malades, blesaea, Commisaaire, aumoniera,. medecins, chirurgiens, apoticaires. et autrea peraonnes employes au ser- vice des hopitaux conformenient au traite d'echan<^e du (1 fevrier, 1750, convenu entre leurs M. T. C. et B. " Granted." 9. Qu' avant de livrer la porte et I'entree de la ville aux troupes auf^loises, leur general voudra bien remettre quelques sohhita pour etre mis en sauve-gardes aux eglisea, convents, et principales habitations. "Granted." 10. Qu' il sera permis au Lieutenant de Hoy commandant dans la ville de Quebec d'envoyer informer M' le Marquis de Vaudreuil," Gonverjieur General, de la reddition de la place, comm' auasi (jue le General pourr& ecrire au ministre de France pour Ten informer. "Granted." THE CAPITULATION OF QUEBEC. 29 6. That the exercise of the Catholic, Apostolic, and Roman relifjion shall be preHcrved; that safe-guards shall be f,'iven to the houses of the clcrt,'y, to the monasteries and the convents, especially to His Lordship tlie '^op of Quebec, who, full of zeal for relijjion and of love for the people 3 diocese, desires to remain constantly in it, to exercise freely, and with the decency which liis standin^j and the sacred mysteries of tlie (Jatholic, Apostolic, iinty of Quebec " contains two versions of these articles, one f,'iven at j). '2'1! of the " Fveiie- inents de la tiuerroen Canada," the other as appendix No. 7 to the " Memoiro dii Sieur do Kame/.ay," .\p))endix No. '2 to the same " Memoire " is the draft of these articles sent by the Marquis de Vaudreuil to De Kainezay to be used in the evi^nt of the surrrender of Quebec becoinini4 a necessity. The texts of the -2, in tin; .\reliives of the Bureau dela Marine, whereto all niiiieiininee it liad lain from the tiinewlieii thoautlior iirepa,red it as a defence of liiniself auaiiist the charge of bavins too hastily surrendered (Juebec after tho deatli of Montcahii. :( Coinpire this concession with tliat (granted by (ien. .Vinherst the followint; year. Seethe Caiiitulatioii of Montreal. I " Sa >hijoste Tres Clu'etioniie ot Ha Majeste Itritaiuiiijue. " ■' Fn the ilraft articles si'iit by the Marcpiisde Vaudreiiil to Lieutenant de Itanizay article U is accompanied by the following; coniiiient: " I'rouver (pie e'est riiiturust (le S. M. B. dans lo cas on le Canada luy resteroit, et (lu'on Ilurope touttes les con- (|uettes i|ue font les divt^rs soiiverains, ils no chan^'ent point Texereisc de reliKioii (pi aulaiit ipic ('(js coiKjuottes leur rtistent." " Then oncaiiiped at St, Au^'ustin, " four leagues trom (^iiehec. " From tliis lieai' (piarters he wrote on the 21st of September to M. lierryer in France a brief account (if the battle between Wolfe and .Montcalm, and of the subseijueiit surrender of t^iiebi'c, which ho characterized as proinaturo and contrary to orders. 7, The reference seonis to he to tho massacre of Uritish prisoners of war, two years liefoie, at Fort William Henry, l)y the liuhan allies of Moncalni. See I'ark- iiiiiu's ■• Mdiiicalm and Wolfe, " chapter xv. S2 THE CAPITULATION OF MONTREAL. ARTICLES DE CAPITULATION DE MONTREAL, 17G0.' Articles de Capitulation entre son Excellence le General Amherst, i'ommandant en Chef les troupes A forces de Sa Majeste Britanique en r Ameriquo Septentrionale, et son Excellence le M''* de Vaudreuil, Grand Croix de I'Ordre lloyal et Militaire de St. Louis, Gouverneur et Lieu- tenant General pour le Roy in Canada. AUT, I''''- Vint,'t-quatre heures apris la signature de la prcsente capitulation, le <^ieneral Anf^lois fera prendre par les troupes de Sa Majeste Britanique possession d'js portes de la Ville de Montreal, et la f^arnison Augloise ne poura y entrer qu apr^s 1' evacuation des troupes fr»n<;oises. " The whole garrison of Montreal must lay down their arms, and shall not serve during the present war.'- Immediately after the signing of the present capitulation, the King's troops shall take possession of the gates, and shall post the guards necessary to preserve good order in the town." " Art. 2. Les troupes et les milices, qui seront en garnison dans la ville de Montreal, en sortiront par la porte de* avec tons lea honeurs de la guerre, six pi6cesde canon, et un mortier, qui seront charges dans le vaisseau 6u le Marquis do Vaudreuil embarquora, avec dix coups ^ tirer par piiice. II en sera use de me me pour la garnisou de trois rivieres pour les honeurs de la guerre. " Referred to the next Article."" AuT. 3. Les troupes et milices qui seront en garnison dans le Fort de Jacques Oartier et dans 1' Isle S'" Holene, & autres forts, seront traittfies de meme et auront les momes honeurs, et ces troupes se rendront h Montreal, on aux 3 Rivieres, on ii Quebec, pour y estre toutes embarquces pour le premier port de mer en France par le plus court chemin. Les troupes qui sont dans nos postes aituos sur nos frontiers, du costc de I'Accadie, an D6troit, Michilimakinac, et autre postes, jouiront des mSraes honeurs et seront traittdes do mo me. "All these troops are not to servo during the present war, and shall likewise lay down their arms ; the rest is granted." THE CAPITULATION OF MONTREAL. 88 /a; ARTICLES OF THE CAPITULATION OF MONTREAL, 1700.1 Articles of Capitulation between their Excellencies, ]\rajor-General Anilierst, Commander-in-Chief of his Britannic Majesty's troops and forces in North America, on the one part, and the Manjuis de Vaudreuil, principal officers and staff of the land forces, ( n^iiu'crs, officers of artillery, and tlie members of their suite. Those vessels shall likewise be viclualled, and the necessary accommodation shall he jiroviiied in them. Those oflicers shall be allowed to take with them their papers, wiiicli shall not be examined: theii' equipa<^es and hat,'^;aj,'e. Such of the said officers as shall be nuirried 'hall have liberty to take with tliem tlieir wives and children, and subsistence shall be funiislied for them. Aeeorde: exceiite (jue .M. le M'' de Vaudreuil, ct tons los officiers de ((iielque ranji (prils puissent etre, nous rcmettront dc bonne foy toutes les cartes et plans du [)ais Alii. ir,. A vessel shall also be appointed for the passaj^e of INI. Bi^'ot, the Iiiteiidant, and of his suite, in which vessel the proper a(.'commodatiou shall he made for him and the persons whom he shall take with him. He shall likewise take on board witli him his papers, whicii shall not be exaniiueil, his equipa<^es, plate, and bai,'i,'a^o, and those of his suite. This vessel shall be victualled, as beftjrc mentioned. Accordi' ; avec la moiin reserve ip.ie p:ir I'article precedent. Al!T. IC. Tile Enylisli ^'enet'al shall also cause to be provided for M. de Lou- ^ueuii, Governor of Three Rivers, for tlie staff of the colony, and the coiuinissaries of marine, tlie vessi-is necessary for their transjiorlation to l*"raiice in the most convenient way possible. They shall embark therein their families, servants, ba^i^'a^^e, and e(iuipa^'es ; and subsistence on a suitable footing' shall diirin,t,' the voya;,'e be furnished for tliein at tlie expense of his ]>ritaiinic Majesty. A';cordc. AiiT. 17. The officers and soldiers, as well of the land forces as of the colony, and also the marine officers and seamen who sliall be in the colony, shall likewise be embarked for France in vessels appointed f;aleinent foiu'uir des vaisseanx pour le l)assaf^e en France des ofliciers du Conseil Superieur, de Justice, Police, de TAniiraute, et tous autres ofliciers ayant cunussions ou brevets de sit M"' Tres Cbretienne, pour eux, leurs families, doniestiques, et etpiipaf^es, coninie pour les autres oliiciers ; et la subsistauce leur sera fournie de Mieme an depens de sa M'" Britanique. II leur sera cepeudant libre de rester dans la colonic, s"il le juf^ent apropos, pour y arranj^er leurs affaires, ou de se retirer en France '. suitable and sut'licient subsistence. Accnrile. AllT. IH. The ollicers, soldiers, and all the followers of the troops, wlio shall have tlieir baj^^aj^e in the fields, uiny send for it before their departure, with- out iiarin or hindrance. Accdl'de. AiiT. 10. There sluill bo furnished by the ]',n<^llsh t^onoral nn hospital ship for such of the woiinded or sick ol'licers, soldiers, and se.iiucn as shall be in a coiniitiim to be carried to France, and subsistence shall likewise bo furuisiu il for them at tiu' expense of his Uritannic jMajesty. The same tre.ilini'ut shall be extended to the other wounded or sick oflicors, soiilici's, and seamen, as soon as tliey shall have recovered. 'J'hey shall all lie allowed to take with them their wives, children, servants, and ha^iiiat^e : and the said soldiers and sailors shall not be S(jlicited nor for'.eil to take part in the service of his Uritannic ^lajesty. Accorde. AuT. -H). A conimissiii-y and one of the ivinj^'s writers shall be left to take care of the hospitals, and to atteiul to whatever may relate to the service of his ;\h)st Christian Majesty. Accorde. AuT. 21. The Jln^lish ^,'eneral shall also cause ships to be i)rovided for the ])assa,ne to France of the officers of the Hupreme Council, of justice, of police, admiralty, and all other oflicers having commissions or brevets from his ^lost Christian Majesty for them — their families, servants, and Cfpiipai^es, as for the other oflicers; and subsistence for them likewise shall be furnished at the expense of his IJritamiic Majesty. They shall, however, be free to renuiin in the colony, if they thiuk ])roper, to settle their affairs, or to witlulraw to France whenever they think Lit. .\ccorde, mais s'ils ont des papiers qui coucerncnt le gouverneraent du pais, ils doivent nf)us les remettre. Aur. 22. If there are any military oflicers, whorfe affairs re(iuire their presence in the colony till the next year, they shall have liberty to stay in it after 42 THE CAPITULATION OF MONTUKAL. avoir on la pormisHion ilu I\l'^ do Vaudrcnil, ot sans (lu'ils piiissont estrc reputes jirisoniers do j^iierrc, " All those wliOHo private affairs sliall rtiiuitc'tlicir stay in the country, and who shall have the j\Iar(|uis do Vaudreuil's leave for so doinj;, shall be allowed to remain till their affairs are settled " AuT. '2X II sera i)ermis an niunitionairc des vivres dii Hoy do demeurer en Canada jiisipr i I'annee proehaine, ))onr estre en estat de faire face aux dottes qu'il a contractees dans la colnnie, relativement a ses fournitures : si neantmoins il i)i-ef(Jre de passer en l*' ranee cetti' annee. il sera oljlif^e de laissor, jusipi" a ranneo prochaino une personne ponr faire ses affaires. (!o particnlior conservera et ponra emjjorter tons ses j)apiers, sans estro visites. Ses ci^mis auront la liborto de roster dans la colonie. cm do passer en Fran(!e ; I't dans ce dernier cas, le pass.i'^e et la subsistance leur sci'ont accordes sur les vaisseanx ile sa ]\I'' P>ritaniijue ponr cnx, ieiirs families, et lours ba^'ajies. "Granted." AuT. '2[. Les vivres et antres aprovisionements (jui sc trouveront en nature dans les ma^^asins du niiuiitionaire, tant dans le-* \illes de ^NTniitreal et des '.\ Rivieres, cpie dans les campaf^nes, Jul sei'ont conserves, lesd, vivres lui apartenant et non an Hoy, et il lui sera loisihle de les vendre au.x Fran- cois on au.\ Anj^lois. " ]'j very thin J,' that is actually in llie niai^a/.iiies, destined fortlie use of the trooj)s, is to be delivered to tlie l$rilisli commissary, for the Kinj^'s forces." Art. 25. liO passage en France sera eL,'alement accorde sur les vaissoaux de sa M''' liritanitpio, ainsi qne la subsistance, a eeux des officiers do la coni- paj^nip des Indes'' (jui voudront y ])asser, et ils onimenerf)nt leurs families, domostiipios, et ba<,'ayes. Sera perniis a Talent principal de lad''' ' ■"' compaj:!nie, suppose (pi'il voulut jiasser en France, de laisser telle personne (pi'il juijera apro[)os juscjues a lanne.,- prochaino pour terminer les affaires de lad''' comp''' et faire lo recouvrement des sommes qui lui sont dues. L'aiient principal conservera tons les pnpiers de lad'^' coni- pa^'uie, et ils ne [)ouront estre visites. "Granted." Ai!T. '2(1. Cetto compaj,'nie sera maintenue tlaiis la projjriote des ecarlatines"' et castors, (ju'elle pent avoir dans la ville de Montreal; il n'y sera point h ivini. 'I'mi jus(|iie ■Ihc Ciinud snlltl-ll theless till lie; serve, a His ell ill till- >liips l)a,Uf,'a^i .\cci jniiiy ' Till", CAI'ITILATION' OF MoNTUKAL. l'.\ h;,'lises, et de fte(pienter les sacnunens comma cy devant, sans estre inquiote en ancun maniere, directenient ou indirecte- ment. Ces peuples seront ol)lij;c'('s par k- Gouvcrnement Anjilois a payer aux i)i'6tres qui en pi'endi'ont soin les dixmes, et tons les droits ([u'ils avoieut coutume de jiayer sous le t,'ouveruenient de sa ^I''' 'i'res Chre- tiennc. "(Irauted as to the free exercise of tlieir religion; the obIi<.'ation of paying; the titlies'" to tln^jfiests will depend on the Kin^"s pleasure." Akt. 28. Le Chapitre, les prestres, cures, et inissionaires, continueront avec entiere liberte leurs exercises et fonctions cnriales dans les paroisses des vdles et des campa;^nes. " (Irauted." Al!T. 211. Les Cj rands Vicaires nomes par le Chapitre pour administrer le Dioceze pendant la vacance du sie^^e e[iiscopal pouront denieurer ilaus les \illesou pai'oisses des campa<^ncs, snivant (|u'ils le jugeront aproi)os. lis pouront en tout temps visiter les dit'ferentes paroisses du Dioceze, avec !es cere- monies ordinaires, et exercer toute la jurisdiction (pi'ils exercoient sous la domination FraiK.'oise. lis jouiront des memes droita en cas de m. Si par le Traitle de I'aix, le Canada restoit au pouvoir de sa M"' Bri- tani,'es. EUos continueront d'obsorver Icur re^^les. Elles seront exemptes du loyement de i,'ens de guerre, et il sera fait deffenses de les troubler dans U'S exercises du pieLe (ju'elles i)rati(]nent, ni d'entrer cliez lilies. Ou leur donnera ineme des sauNC-i^ardes, si elles en deniandent. " Granted." Ai!T. ;i;{, Ije precedent article sera pareillenient execute a Te^ard des Jesuites et Kecok'ts, etde la maison des pi'cti'es de St. Bulpice a Montreal. C'es der- niers et les Jesuites conserveront le droit iju'ils ont de nonier a cerluiues ■cures et missions, comme cy devant. " Uefused, till tiie Kin^''s pleasure be kn(.nvn." AiiT. ;il. Toutes les coniunaute.'^, et tons les prestres conserveront leurs meubles. la proprieti', et I'usufruit des seij^neuries, et autres biens que les uns et ks autres possedent dans la colon'o, ile cpiebjue nature (ju"ils soient, et IcsJ. biens seront conserves dans leurs privile.m's, droits, lioneurs, et exemp- tions. "C! ranted" Aki. :5.'). Si les clianoines, prestres, missioiuiires, k's prestres ilu seniinaire ik> missions etranj^fjres et de St. Sulpico, ainsi que les Jesuites et les Kecolets, veulout passer en France, le ])assa<^e leur sera accorde sur les vaisseau.x de sa Majeste 15ritani(jue, et tons auront la liberte de vendre, en total mi partie, les biens tVnids et niobiliers ijii ils jiossedent dans la colonic, soil jiux I'ranvois ou aux Anj^lois, sans (juelc CJouvernenient Hritanique puisse THE CAPITULATION OF MONTREAL. 47 Akt. -M. Tlic r.islmp sliall in case of need establish new parishes, and provide for the re-erection of his catliedrai and of iiis episcopal palace ; and he shall luive in the meantime liberty to dwell in the towns or parishes, as he sliall think lit, lie shall be permitted to visit his diocese with the usual (■crLinonies, and to exercise all the jurisdiction which his predecessor exercised under tlie Fi'cnch dominion, save that an oath of fidelity, or a iinmnsi' not to do or say anything against the service of his Britainiic Majesty may be required of him, ("est Article''* est compris sous le precedent. AuT. ;{-2. 'I'iif cDnununities of nuns shall be preserved in their constitutions and [jiiviltj^cs. Tiiey shall continue to observe their rules. They shall be ixciiiiit fiom lodging any military, and it shall be forbidden to molest tluiii in tlie religious exercises whicli they practise, or to enter their con- vents, Safe-guai'ds sliall even lie Liiven tliem, if tliev dennind them. .Vci'iirdc, AuT. -.V.i. I'lie [U'cceding article shall likewise be executed with regard to the ciiiuiiunities of .Jesuits and RecoUets, and to the house of the priests of >t. Snlpice at Montreal. Tluso latter and thi' Jesuits shall be left in |)(is-;essiiin of tlie riglit, which they have, to nominate to certain cures an 1 uiissions, as heretofore. ' liefiise jiis(iii ;i ce cpu' le i)laisir du Roy soit connu." ire 'tv< ■ciileU. sseaii.x Ota! mi ie, soit pui^M' Ai;t. ;U. .Ml the communities and all the priests shall keep their movables, the ownership and usufruct of tlie seigniories, and other property which both possess in the colony, of whatever nature it may be, and the said property shall be maintained in its privileges, rights, honors, and exemptions. • Accorde." Airr. ;!;■). If the canons, priests, missionaries, the priests of the Seminary of the Foreign Missions and of St. Suipice, as well as the Jesiiits and the HtcoUets, wish to go to France, passage will be given tiiem on the vessels of iiis Britannic Majesty, and all shall have leave to sell, in whole or in part, tile fixed and movable property which they possess in the Colony, citlier to the French or to the English, without the British Government 48 THE CAPITULATION OF MONTREAL. y inettrc Ic moindre ('iiipcscliment iii obstacle. lis pouront emporter avec eiix, on faire passer en France le prodnit, de quelque nature qu'il Hoit, desd. biens vendus, en payant le fret coninie il est dit a Particle ■2(», et ccux d'ontre cos prestres qui voudront passer cetto annee seront notiris pendant la traversoe aux dcpens de sa M"- Britaniquc, et pouront emporter avec eux leurs baj^ages. " They shall be masters to dispose of their estates, and to send the produce thereof, as well as their persons, and all that belon;,'s to them to Trance." Akt. 30. Si par le traitte de paix le Canada reste a sa M"" Britanique, tous les Franij'ois, Canadiens, Accadiens, comer(;ans, et antrcs pcrsonnes qui voudront se retirer en France, en aurout la permission du General Anplois (pii leur procurera le passaj^e. Et neantmoins si d'icy acette decision il so trouvoit dcs comer(,"ans, Fran<;ois ou Canadiens, on autres pcrsonnes (]ui voulussent passer en Franco, le Guneral Anglois leur en donneroit Cf^alo- ment la permission. Les uns et les autres emmeneront avec eux leuni families, domestiques, et bagages. "Granted." AuT. ;}7. Les seigneurs de terre, les ofticiers militaireset de justice, les Canadiens tant des villos(jue des cam[)a^'n(;a,les l''ran(;ois etablis ou conior'.'ant dans toute rotondue de la colonic do (!aiiada, et toutes autres personnes (|uo co piiisse estro, ccniservoi'ont rontiero ))aisible proprieto et possession do leurs biens, seif^neuriaux et roturiers, meubles et immeubles, marchan- discs. pollcti.'ries. et autres effets, meme de leurs batimcuts do mer ; il n'y sera point touchc ni fait le moindi'c doma;»e sous (iuolque [)retexte que ce soit. 11 leur sera libre do les conservcr, louer, vendre, soit aux Fran<;ois, ouaux .Vn^^lois, d'en emporter le jiroduit au lettres de chanj^e, pelleteries, ospt'ces sonantos, ou autres retours, lorsqu'ils juf^eront apropos de passer en France, en payant le fret, coramo ti I'article 'it'). lis jouiront aussi dcs pelletorios qui sont dans les postes d"en haut, ct qui leur apartieinient, et qui jji'uvent memo ostro on chemiu do se rondre i\ Montreal. J'^t ii cot effot il lour sora pormis d'onvoyor dt's ootte aiuiee, ou la prochaine, dts canots o(iuipi''.s pour choi'chor cellos de cos pelleteries i]ui auront rosU'os dans COS postes. " Granted, as in the 'iOMi article." bein.u' wit.li til the sai and tlio during,' alii'Wi'd lis SOI liiiit. ail Aur. 3S. Tous les peuples sortis do I'.Vccadio, (pii se trouveront en Canada, y compris los frontit res du Canada du ooate de rAccadie,'" auront le TTIR CAPITULATION OF MONTREAL. 49 boiiiu !ible to impose the least himlrance or obstacle. Tliey may take witli tliem, or send to France, tlio produce, of whatsoever nature it bo, of the said property sold, on paying the frei^'ht as mentioned in article "2(5, ami those of the priests who wish to j,'o this year shall be maintained (lurin.L; the voyage at the expense of his Britannic Majesty, and shall be allowed to take with them their bav't,'aMiJ' lis seront les maitres de disposer de leur bions, et d'en passer le pro- chiit, ainsi que leurs personnes, et tout ce qui leur ap[)artient, en France, AuT. m. If by the treaty of peace Canada remains to his Britannic Majesty, all tilt; I'rench, Camidians, Acadians, merchants and other persons who wish to withdraw to France, shall have permission to do so from the En^- lisii t,'eneral, who shall procure them a passage. And, nevertheless, if betwren now and that decision, any merchants, French or Canadian, or otlii.'r persons, wish to j^o to J-runce, the Fnj^lish "general shall like- wise 'j.i-iu\t them permission. ]}t)th shall take with them their families, servants, and ba^t,'af,'e. Accorde. Ai;t. ;}7. '{"lie Seit^neurs, the military oFlicers and theotificers of justice, theCana- (liiuis ill both the towns and the rural districts, the French settled or tiiuliii^' in the whole extent :i])ers depend. Accorde. Ai:r. 4(;. 'i'hc iuliabitants and mercliants sliall enjoy all the privile;,'rs of trade on the same favors and conditions ^{ranted to the subjects of his Britannic Majesty, as well in the upper districts, as in the interior of tlie cidony. .\e(:orde. Ai;r. 47. Tlie netjroes and panis'-"- of botli sexes sliall remain in their quality of slaves, in the possessi(ni of the French and C!aiiiidians to whom tlicy iieloui,' ; they shall be free to keep tiii'in in their service in the coloii\, i>r t'l sell them, and tliey may also eontiiiue to have them bcou^lit up in tl;e lioniHu reli},'ion. .\ecorde, excepte ceux (jui auront etes faits [irisoniiiers. AiiT. 4s. The Mar(]uis de Vaudreuil, tiie general and superior officers of the Ian 1 "I'lops, tlie governors luid the staff officers of the different [)laces of the 54 THE CAPITULATION OF MONTREAL. places (le lii colonic, mix oHiciers militcires et dc justice, et i'l tontes aiitrcs personnes (jui sortiront dc lacoloiiie, oiuiuisoiit deja absents, de noniiner et etablir dus procnreurs pour aj^ir pour eux, et en leur nom, dans lad- ministration de leurs biens, meubles et ininieublcs, jusiju'ii ce fpie la paix soit faitc. Kt si jjar Ic traitte dcs deux courones Ic Canada ne rentre point sous la domination l''ran<;oise, ces officiers, on autres personnes. ou procnreurs pour eux, auront I at^renient de vendre leurs sei^neuries, maisons, et autres biens fonds, leurs nifubles et effets, iVca, d'en emporter ou faire passer le prciduit en 1'' ranee, soit en lettres de chanj^e, especes sonantes, pelleteries, ou auties retours, c(jninie il est dit a I'ariicle ;17. •' Granted." AliT. I'.l. Les habitans ou autres ))ersonnes (jui auront soutfert (juehiue doniaj,'e en leurs biens meubles ou immeubies. restes u Quebec sous le foy de la capitulation de cet ville, pcMiront faire leurs representations au Gouvernement ltritani(iue, (jui leur rendra la justice, (]ui leur seia ilue centre cpii il apartiendra. " Granted." Akt. i")(), et i)EHNii;i;. La presente caijitulation sera inviolablement executee en tous Its articles, de part et d'autre, et de bonne foy, non obstant toute infraction et tout autre pretexte p:ir raport aux precedentes capitulations, et sans pouvoir servir de represailles.'--' 1'. S. Akt. r.l. Le General Anj^lois scn.i^aj^era en cas ipiil reste des sauva^es, apri's la redition de cette ville, a enipecher (iu"ilsn"entrent dans les villes, et cju'lls n'insultent en aucune maniere les sujets de sa iM"^' Tres Cliretienne. "Care sliall be taken tliat the Indians do not insult any of the subjects of liis Most Christian Majesty." Aitr. r,2. Les troupes et autres sujets de sa M'' Tres Cliretienne, (jui duiveiit passer en France, serout embarciuees (juinze jours au plus tartl apres la signature de la presente capitulation. " Answered bv tlie 11th article." Aitr. 'hi. Les troupes et autres sujets de saM^'Ties Chiotienne, (jui devront passer en France, resttront lo^ees, ou cann-ues dans la ville de Montrcul THE CAPITULATION OF MONTUEAL. 55 colony, tlie military and civil ofticers, and all other persons who sliall no from tlie colony, or who are already absent, shall have leave to name and appoint attorneys to act for them and in their name, in the administra- tion of their effects movable and immovable, nntil the jjcace be nuide. Ami if by the treaty between the two crowns Canada does not come aj^ain under French rule, those officers or oilier persons, or attorneys for them, shall have leave to sell their seij^norics, houses, and other estates, their movables and effects, etc., to carry away or send to France the produce thereof, either in bills of exchanf^e, specie, furs, or other returns, as men- tioned in article iil. .\ccorde. Akt. 4i>. The inhabitants or other persons, who shall have suffered any dama<,'e in their floods, movable or immovable, left at Quebec under tl.e faith of the capitulation of that city, nniy nuike their representations to the l'>iitisli (Government, who shall render them due justice aj^ainst those whom it may concern. Accorde. Alif. ")(), AND LAST. The presey.t capitulation shall be inviolably executed in all its articles, on both sides, and in j^ood faith, notwithstandiuf^ any infraction and any other pretext with re^'ard to precedinj; capitulations, ami without resort- ini^ to reprisals.-' Accorde. rOSTSCKIl'T. AUT. ."<1. The I-In\c^ troupes an service do France, ipii sont prisonuiers a la NouvuUe An^^leterre, et faits en ( 'aiiada, seroiit ren voyes Ic plustost (pi'il sera possible en France, oil il sera traitle de leur rani.'on, on C3hanj^c, suivant le cartel; et si (pic'lcpies uns de cea officiera avoient des affaires en Canada, il leur sera perniis d'y venir. "Granted." Aur. ;')"). Quant auxofliciers de niilices, aux miliciens, et aux Accadicns (jui sont prisoniers a la nouvelle An^^leterre, ils seront renvoyes sur leurs terres. Fait :\ Montreal le 8 Sept. ITC.O. Vaudkeuil. "Granted, except wbat ret,'ards the Acadians.' '•* Done in the camp before Montreal the 8th September, 17ntaius the contract of surreixlcr, the stiimlatioiis c.f the FrLMicli (iovuriior biniij,' in French, ami the replies of the British t'onnuiiiKler- iu-chief in Hiit,'liHli. The ri^ht hand paj^e contains KukHsIi and French transhi- tions of these articles, resiiectively. The French t(!xt in both columns is i)rintt'l from a certified coiiy of the ori^'inal document in the "Colonial Office Piijiers " under tlie title of " .-Vmenca and the West Indies," vol. O.'J. The French text have been carefully collated with those printed in Vol. O of the •'Statutes of Lower Canada." The text ot the Hritish concessions is taken from Knox's " Historical .lournal of the Canipait^n in North America " (Vol. II, p. IC:!!, and its correctness is sutliciently attested by the fact tluit it is almost literally identical with the text jirnited in the "Annual Ke^;ister" for 17(')() ip. '2'J-2), and with tluit t,'ivfu in the "Dociunents Relative to the Cohniial History of the State of New York ' (Vol. X, p. 1107). The latter is copied from the original in the Government Archives at Paris. Captain Knox no doubt took his copy at Montreal while tli6 articles were under negotiation. The editor of the".\nuual Kegister' wii* THE CVPITULATION OF MONTREAL. o7 iiml Dtliur posts wliicli they now (icctipy, until tlu; time wliuii they hIiiiII 1)L' I'liilnirkud for tlicir (lc'[):irtiiro. I'assports, however, si lall Ik; t^raiited to tli'isi; who shall want them, for the dilfereiit places of the colony, i. As to the ofiftcers of the militia, the militia-men, and the Acadians who nre prisoners in New J'^n^land, they shall be sent back to their countries- Done at Montreal, the 8th of September, ITtJO. Vaubreuil. Accorde a la reserve de ce qui re^jarde les Acadiens.^ * Fait au camp devant Montreal ce 8« Septembre, 1700, Jeff. Amherst. Kilmuiid IJurko, who probably obtained his copy from tlio original in the Colonial ollico. hi the translation of the Froueh articles use has been made of the ver- sion t;iven by Knox, and also of the vi^rsion (,'iven in the New York "Docnmonts," whic'li in some respects differs frmn it. Tlie translation in the "Annual Regis- ter" is substiuitially identical witli the one j,'iven by Kno.x. The nhortness ol the tiiuo which elapsed between the first connuinhcation from De Vaudreuil to Amherst, and the submission of the former's stipulations for the hitter's con- siileratiiin seems to show that De Vaudreuil, as in the case of Quebec, had for soiiio time been meditatint,' the surrender of the place and had prepared the articles beforehand, Net,'cjtiatioiis were opened on the niornin}^ of the 7th of September, and by noon (ieu. .Vmherst had returned the French stipulations with his own conditions appended. Tho remainder of that day was consumed in corresiiondence, and the articles were signed on the following day. - The .Marcpns do Vaudreuil protesti'd against tho severit;' of those terms, but in vain. The Chevalier do Liovis, who connnanded the Frenci" troops, absolutely refused to submit to them, until ordered to do so by the Goverior. An English Version of the Chevalier's protest and the Governor's order is given in tho New York " Documents" (Vol. X, p. llOti). The order is brief enough to bo quoted : 58 NOTES TO CAPITULATION OF MONTREAL. "Wliereas tho interest of the colony does not permit ns to reject the conditions "proposed by tlie EnKlish general, wliich ere favorable to a country whoso lot is "confided to me, I order Chevalier do Levis to conform himself to tlie said capitula- "tion, and tomake the troops lay down their arms." Montreal, 8th September, 17G0. Vaudkeuil- De Levis sent to Gen. Amherst a spirited remonstrance on his own account, as a soldier to a soldier, but his messengor was silenced and told by Amherst " that he was fully resolved, for the infamous part the troops of France had " acted in oxcitiiif,' the savages to perpetrate the most horrid and unheard of " barbarities in the whole progress of the war, and for other open treacheries "as well as flagrant breaches of faith, to manifest to all the world, by this " capitulation, his detestation of such ungenerous practices, and disaijprobatiou "of their conduct," (Knox's "Historical Journal.'' Vol. II, p. 418). In a letter sent to Marshal de Belle Isle after he landed in France, De Levis asserted that tho regular troops " merited more attention from the Marquis de Vaudreuil and more esteem from (Jen. Amherst, and added that his protest against what he considered harsh terms had prevented an exchange of the civilities "usual on such meeting between generals." New York "Documents" (Vol. X, p. 1123). s Gen. Amherst in a letter to the Marquis de Vaudreuil (Knox's "Historical Journal," Vol. II, p. 4201, stated, before the articles were signed, that he would leavd the question of taking possession of the gates and of posting guards to the Governor's "own convenience," as ho liad proposed these precautions "only with a view of maintaining good order, and to prevent with greater certainty anytning being attempted against the good faith and terms of capitulation." i In the New York " Documents " the blank is filled with the word " Quebec " iu brackets. In Knox's English version— he does not give the French text— " Quebec " is inserted without brackets, ilt is similarly inserted in the text iu the "Statutes of Lower Canada." 5 Knox gives this remark but it is w-anting iu tho colonial office French ver- sion, and also in the articles printed in the "Annual Register." Its omission from the articles in the New York " Documents " shows that it is wanting also in the original in the French Ai'chives. In the text in the " Statutes of Lower Canada" there is an obvious error in the French, version, in the use of the word "precedent." 6 In his letter to Marshal de Helle Isle (see Note 2 above), De Levis attributes tlie large number of French deserters to the fact that the soldiers had been permitted to marry and settle on land, and that they had been led to expect their discharge at the conclusion of the war. 7 The object De Vaudreuil had in view in the insertion of this stipulation was to prevent the perpetration of outrages on tho French people by the Indians who formed part of the armies commanded by General Haviland and by Gen. Amherst. Tho latter had been joined at Oswego by Sir William Johnson, who, according to Knox (" Historical Journal," Vol. 11, p. 400), had under his command I'SM Indian warriors, mostly Iroquois. All but a few of these on the way to Montreal iibaiulonod Amherst's army in disgust because tho general would not permit sealiiiiig and other savage atrocities. t* This name appears in Knox's " Histurical Journal," in tlie "Annual Kegister," and in the New York " Documents," as "Moraigans." The Marquis de Vaudreuil in a despatch, of which a traiislaticui is given in the Now York " Documents," (Vol. II, p. 579), twice spells the name " Moruingaus." Who these Monaigans or NOTES TO CAPlTUliATION OT MONTREAL. 5J) Moraigans were cannot now be indisputably ascertained. Tlio weight of authority seeniB to favor the view tliat they woro the Moliicans. Knox ("Historical Journal," Vol, II. p. 400), mentions the "Mfiliiaiis" in the list of tribes wliich were represented in .lohnson's army, and (^oUlen in his '• History of the Five Nation Indians" states that the French name " .■\Iouri{^an " is the equivalent of the English name " Mahikander," which was given to a tribe on the Hudson Kiver, below Albany. That Kno.x's "Mohians" and Colden'a " Mahikanders " were the Indians commonly called "Mohicans" is probable, as is also the 'dentity of Colden's " Mourigan," with Vaudreuil's "Moraigans" and "Moraingans " Golden wrote his histoi-y while he was surveyor-general of the Province of New York, and it was published just ten years before the capitulation of Montreal. y In the " Statutes of Lower Canada," ' Commissaires des guerre.' Tliat there was only one " Commissary of War " appears from the versions given in Knox's "Historical Journal" and the New York "Documents." Do. Levis in his letter to Marshal de Belle Isle (see note 2) gives his name and title "Commissary liernier." 10 " Mon dit Sieur." 11 General Amherst did his best to keep this pledge, but as a matter of fact the French officers and soldiers suffered a good deal of hardship on the voyage. For an account of their sufferings see De Levis' letter to De belle Isle referred to in Note 3. The French general does not charge the English general with want of good faith, and he admits that when Amherst, on account of insufficient vessel acconunodation, desired to send the battalion by way of New York, he opposed it on the ground that it would have been "annihilated on that route by voluntary desertion or insubordination," 1'.^ The war between the Hritish and the French in .\merica was but an epis(!de in the " Seven Years War." which was waged from 1757 to 1763. Hostilities came permanently to an end in America with the surrender of Canada, but they con- tinued for two years longer in Europe. The original belligerents, Prussia and Austria, settled their differences by the treaty of Hubertsberg, which wasi signed on the 15th of February, 17t)3; and Great IJritain, France, and Spain did the same thing by the treaty of Paris, which was signed on the 10th of February, 1763. la "Lesdits." H For an account of the various companies organized to carry on the fur trade, sec Kiugsford's " History of Canada," Vol. II , pp. 504-,'jOH. See also Vol. I., p. 331 of the same work. 15 " La dite." 1" " Scarlet cloths" in the translation in the New York " Documents." i' Compare with this concession. Art. of the terms of capitulation of Quebac, Art. 4 of the treaty of Paris, 1763; sec. 5 of the Quebec Act, 1774 ; sec, 35 of tlio Con. stitutional Act, 1791 ; and sec. Ii2 of the Union .\ct, IHIO. !■< Get article. i!' See Notes to the treaty of Utrecht, and " papers " relating to Nova Scotia. 'io Compare with this stipulation the terms of the Koyal Proclamation of 170-'}, of section 4 of the Quebec .\ct of 1771, and of the Act of Parliament of Upper Canada which restored English law in that Province (Appendix D). -1 In 1003 Louis XIV. conaiituted as the governing body ot New France " Le Consoil Souveraln," with powers similar to tliose of tlie Parliament of Paris. The title of this body was in 1703 changed to " Le C'onseil Hupi'-rieur." For a learned iliscussion of the nature of this council, see the " Introduction " by P.. I, O. Chan- vi^au, prellxed to the collection of " .lugenients et DeUlierations dii C'onseil Souve- fiO NOTKH TO CAl'ITULATION OF MONTREAL. rain de la Nouvelle Franco," publiHliefl in 1885 under tlie auspices of the Legislaturt) of Quebec 'i'i Capt. Knii\ iu a footnote to this article in his " Historical Journal, ' says : " I believe this implies convicts, or malefactors condeunied to slavery." '•» Compare article 11 of the Capitulation of Quebec, and see Note 7 upon it. ' 24 " N' insultent." 25 The endorsation of the copy translated for tlio New York " Documents " is as follows: "Certified to bo true, accordiuf,' to the oriLjiiial si^,'ned by the Marquis de Vaudreuil, and collated by Mr Appy, secretary of M. Amherst." (Signed) True copy Vaudbeuil. TREATY OF PAKIS, 1703. 61 J II. EXTRACTS FROM Till-: TREATY OF PARIS, 1708.' The Definitive Treaty of Peace and Friendship, between his Britannic Majesty, the Most Christian Kinj,', and the Kin^ of Spain ; conchidcd al Paris, the 10th day nf February, 17tiH. To which the Kin^' of Portu^'al acceded on the same day. I. There shall be a Christian, universal, and perpetual peace, as well by sen as bv .uul, and a sincere and constant friendship shall be re-estab- h I between tlieir Britannic, Most Christian, Catholic, and Most Faithful Majesties. » * * * II. The treaties" of Westphalia of 1()4.S ; those of Madrid, between the Crowns of Gr. it ,-ritain and Spain, of 1G()7 and 1()70 ; the treaties of peace of Nimej^uen of l(')7f^ and 1<)7!I; of Ryswick of lt)!)7; those of peace and of commerce of IJtreclit of 17i;{ ; tl at of Baden of 1714 ; the treaty of the triple alliance of the Ilaj^ue of 1717 ; that of the quadruple allianci' of Londoi ut 17J8 ; the treaty of peace of Vienna of 1738; the definitive treaty of Ai ;-'.(i-Chapelle of 174H ; and that of Madrid, between the (.'rowns of Great Britain and Spain of 17'iO ; as well as the treaties between the Crowns of Spain and Portu^^al, of the 13th of February, 1()()8, of the Gth of February, 1715, and of the 12th of February, 1761 ; and that of the IDth of April, 1713, between France and Portuf^al, with tlie f^uaranties of Great Britain : serve as a basis and foundation to the peace, and to the present treaty : and for this purpose they are all renewed and confirmed in the best form, as well as all the treaties in ^{eneral, which subsisted between the hi^^h contractinf» parties before the war, as if they were inserted here word for word, so that they are to bo exactly observed, for the future, in their whole tenor, and religiouslj- executed on all sides, in all their points which shall not be dero^^'ated from by the present treaty, notwithstandin-^ all that may have been stipulated to the contrary by any of the hi^h ccnitractin^ parties ; and all tlie said parties declare, that they will not suffer any privile<^e, favour, or induli;eiice to subsist, contrary to the treaties above ('onfirnied, except wiiat shall have been agreetl and stipulated by the present treaty. IV. His Most Christian ^Majesty renounces all pretensions which he has lieretofore formed, or mi^ht form, to Nova Scotia or Acadia, in all its parts,' and guaranties the whole of it, with all its dependencies, to the Kiu}^ of Cireat Britain : moreover, his Most Christian Majesty cedes and K'uaranties to his said Britannic Majesty, in full ri^ht, Canada with all its dependencies, as well as the Island of Capo Breton,'* and all the other islands and C(msts in the t^ulph and river St. Lawrence, and, in general. 62 TRKATY OF PAKIS, 17(53. everything that depends on the said comitries, lands, islands and coasts, with tiie sovereignty, property, possession, and all rights acquired by treaty or otherwise, which the Most Cliristian King and the Crown of France have had till now over the said countries, islands, places, coastS' and their inhabitants, so that the Most Christian King cedes and makes over to the said King and to the Crown of Great Britain, and that in the most ample manner and form, without restriction and without any liberty to dei)art from the said cession and guaranty, under any pretence, or to disturb Great Britain in the possessions above-mentioned. His Britan)iic Majesty on his side agrees to grant the liberty of the Catholic religion to the inhabitants of Canada : he will consequently give the most precise and most effectual orders, that his new Koman Catholic subjects may profess the worship of their religion, according to the rites of the Bomisli Church, as far as the laws of Great Britain permit." His Britannic Majesty furtlier agrees, that the French inhabitants, or otliers who had been subjects of the Most Christian King in Canada, may retire with all safety and freedom wherever they shall think proper, and nniy sell their estates, provided it be to subjects of his Britannic Majesty, and bring away their effects, as well as their persons, without being restrained in their emigration, tnider any ))retence whatsoever except that of debts or of criminal prosecutions: the term limited for this emigration shall be fixed to tlie space of eighteen months, to be computed from the day of the exchange of the ratifications of the present treaty. V. The subjects of France shall have the liberty of fishing and drving, on a part of the coasts of the Islanil of Newfoundland, such as it is specified in the XIITth article of the Treaty of Utrecht; which article is renewed and confirmed by the present treaty, except what relates to the island of Cape Breton, as well as to the other islands and coasts in the mouth and in the gulph of St. Lawrence : and his Britannic Majesty consents to leave to the subjects of the Most Christian King the liberty of fishing in the gulph of St. Lawrence, on condition that the subjects of France do not exercise the said fishery but at the distance of three leagues from all the coasts belonging to Great Britain, as well those of the continent as those of the islands situated in the said gulph of St. Lawrence. And as to what relates to the fishery on the coasts of the island of C'apc Breton out of the said gulpli, tiie subjects of the ^lost Christian King shall not be permitted to exercise the said fisliery but at the distance of fifteen leagues from the coasts of the island of C'ape lireton; and tli.) fishery on the coast of Nova Scotia or Acadia, and everywhere else out of the said gulph, shall remain on the foot of former treaties." VL The King of Great Britain cedes tiie islantls of St. i'ierre and Miquelon in full right to his Most Christian Majesty, to serve as a shelter 111 tiie French fishermen: and his said Most Christian Majesty engages TREATY OF PARIS, 176H. ()3 not to fortify the said islands; to erect no buildinf,'s upon them, but merely for the convenience of the fishery ; and to keep upon them af^uard of fifty men only for the police. VI f. In order to re-establish peace on solid and durable foundations, and to remove for ever all subject of dispute with rej^ard to the limits of the British and French territories on the continent of America, it is agreed tliat for the future the confines between tlie dominions of his Britannic Majesty, and those of his Most Christian Majesty, in that piirt of the world, shall be fixed irrevocably by a line drawn along the middle of the river Mississippi, from its source'* to tlio river IbiTville, and from thence, by a line drawn along the middle of tliis river, and the lakes Maurepas and Pontchartrain, to the sea ; and for this purpose, the Most Christian King cedes in full right, and guaranties to his Britannic Majesty, the river and port of the Mobile, and everything which he possesses, or ought to possess, on the left side of the river Mississippi, except the town of New Orleans, and the island in which it is situated, which shall remain to France ; provided that the navigation of the river ^Mississippi shall be e(jually free, as well to the subjects of Great Britain as to those of France, in its whole breadth and length, from its source to the sea, and ex})ressly that part which is between the said isiiuul of New Orleans and the right bank of that river, as well as the passage both in and out of its mouth. It is further stipulated, that the vessels belonging to the subjects of either nation shall not l)f stojjped, visited, or subjected to the payment of any duty whatsoever. The stipulations inserted in the IVth article in favor of the inhabitants of (Jtur.ula shall also take place with regard to the inhabitants of the countries ceded by this article. VI II. The King of Great Britain shall return to France tiie islands of Guadeloupe, of Marie Galante, of Desirade, of Martinico, and of Belle- isle; and the fortresses of these islands shall be restored in the same condition they were in when they were conijuered by the Britisli arms; provided that his Britannic Majesty's subjects, wlio shall have settled in the said islands, or those who shall have any commercial affairs to settle there, or in the other places restored to France by the present treaty, sliall have liberty to sell their lands and their estates, to settle their iiffairs, to recover their debts, and to bring away their effects, as well as tlieir persons, on board vessels which they shall be permitted to send to the said islands and other places restored as above, and wliieb shall siTve for this use oidy, without being restrained on account, of tlieir religion, or under iiny other pretence whatsoever, except tluit of debts or of criiniuivl prosecutions : * * » I.K, The ]\[ost Christian King cedes and guaranties to his Britannic Majesty, in full right, tlie islands of Grenada.'' and of the Grenadines, 64 TREATY OF PARIS, 17<;3. with tlic Hiime stipulations in favor of the inhabitants of this colony inserted in the IVth article for those of Canada : and the partition of the islands called Neutral is agreed and fixed, so that those of St. Vincent, Dominica, and Toba^^'o shall remain in full right to Great Britain, and that of St. Lucia shall be delivered to France, to enjoy the same likewise in full right; and the high contracting parties guaranty the partition so stipulated. XVII. His Britannic Majesty shall cause to be demolished all the fortifications which his subjects shall have erected in the Bay of Hon- duras, and other places of the territory of Spain in that part of the world, four months after the ratification of the present treaty ; and his Cath jlic Majesty shall not permit his Britannic Majesty's subjects, or their work- men, to be disturbed or molested, under any pretence whatsoever in the said places in their occupation of cutting, loading, and carrying away logwood; and fortius purpose they may build without hindrance and occupy without interruption the houses and magazines which ai'e neces- sary for them, for their families, and for their effects; and his Catholic Majesty assures to them by this article, the full enjoyment of those advantages and powers on the Spanish coasts and territories, as above stipulated, immediately after the ratification of the present treaty. XVIII. His Catholic Majesty desists, as well for himself as for his successors, from all |)retension v.'hich he may have formed in favor of the Guipuscoans and otiier his subjects, to the right of fishing in the neigh- bourhood of the island of Newfoundland. XIX. The King of Great I^ritain shall restore to Spain all the territory whicli he has conquered in the island of Cuba, with the fortress of the Havana, and this fortress, as well as all the other fortresses of the said island, shall be restored in the same condition they were in when conquered by his Britaimic Majesty's arms ; provided that his Britannic Majesty's subjects, who shall have settled in the said island, restored tn Sjiaiii by the present treaty, or those who shall have any commercial affairs to settle there, shall have liberty to sell their lands and their estates, to settle their affairs, to recover their debts, and to bring away their effocts as well as tiieir persons on board vessels which they shall bi' permitted to send to the said island restored as above, and which shall serve for that use only, without being restrained on account of their religion, or under any pretence whatsoever, except that of debts or of criminal prosecutions; * * * * . XX. In conseijuence of the restitution stipulated in the precedingarticle. his C'atholic Majesty cetlesand guaranties, in full right, to his Britannic Majesty, Florida with Fort St. Augustin and the liay of Peiisacola, as well as all tliat Spain possesses on the continent of North America to the TREATY OF PARIS, 17()3. G5 east or to the south-east of the river Mississippi ; and, in fjeneral, every- thing,' that depends on tlie said countries and hinds, with the sovercij^nty, property, possession, and all rif^hts, acquired by treaties or otherwise, wliich the Catholic Kin{» and the Crown of Spain have had, till now, over the said countries, lands, places, and tlieir inhabitants ; so that the Cutliolic Kinf5 cedes and makes over the whole to the said Kinj;, and to the Crown of Great Britain, and that in the most ample manner and form. His Britannic Majesty agrees, on his aide, to f^rant to the inhab- itants of the countries above ceded the liberty of the Catliolic relij^ion ; he will consequently t,'ive the most express and the most effectual orders, that his new Roman Catholic subjects may profess the worship of their reli>,'ion, according to the rites of the Romish church, as far as the laws of Great Britain permit: Ilis Britannic Majesty further aj^rees that the Spanish inhabitants or others, who had been subjects of the Catholic Kin<; in the said countries, may retire with all safety and freedom wlienever they tiiink proper ; and may sell their estates, provided it be to His Britannic Majesty's subjects, and brinf,' away their effects as well as tlieir persons, without beinf» restrained in their emij^ration under any pretence whatsoever except that of debts or of criminal px'osecu- tions: ♦*.»*..* XXII. All the papers, letters, documents, and archives, which were found in the countries, territories, towns, and places that are restored, and those belonging to the countries ceded, shall be respectively and honn jitle delivered or furnished at the same time, if possible, that posses- sion is taken, or at latest four months after the exchange of the ratitica- Uous of the present treaty, in whatever places the said papers or docu- ments may be found. ' " 66 TREATY OF PARIS, 1763. NOTES TO tup: treaty of PARIS, 1703. J The exti'aets selected contain all that is essential from a Canadian point of view ill the treaty. Tlie text is reprinted from the " Collection of Treaties between ( ir(!ttt Hritain and other Powers," puhlished in London in 1790, by Georfjje Chalmers, who states tliat this Treaty of Paris " is printed fi-oni the copy which was pnblished by antliority in 170:1." Three " separate articles," having " the same force as if they were inserted in the treaty." are appended to it. The second of these is as follows : "It has been agreed »iid determined that the French language, made use of in all the copies of the present treaty, shall not become an example which may be alledged or made a precedent of, or prejudice in any manner anyof the contracting Powers; and that they shall conform themselves for the future to what has lieeii oljserved, and ought to be observed, with regard to and on the part of Powers who are used, and have a right, to give and to receive copies of like treaties in another laugu.ige than French ; the present treaty having still the same force and effect as if tlie aforesaid custom had been therein observe I." - The titles by courtesy of George III. of Great I?ritain, Louis XV. of France, Cliarles III. of Spain, and Joseph Kmannel of Portugal, respectively. The first of the " separate articles," referred to in Note 1, provides that " some of the titles made use of by the contracting Powers ' * ' not being genei'ally acknowledged, it has be(!n agreed that no prejudice shall ever I'esult therefrom to any of the said contracting parties, and that the titles taken or omitted on either side * * ' shall not be cited or quoted as a precedent." •" For extracts from these treaties, relating to Canada, see Appendix .\. < For the extent of .\cadia, see note ."> to the Treaty of Utrecht. ■"' See Article XIII of the Treaty of Utrecht. '■ Compare the corresponding stipulation in Article XX. of this treaty, and also the one in .Vrticle XIV. of the Treaty of Utrecht. 7 See note 7 to the Treaty of Utrecht. s Compare the description of the boundary of Quebec given in the Quebec .■\ct, 1771. For a list of French settlements on the Upper Mississipi)i, see the Ontario Sessional Papers, Vol. XI., No. ;!1, pp. 44.')-440. ■I This cession of Grenada is of importance in connection with Lord Mansfield's judgment in Caiiipbell v. Hall. 1 In a declaration by the British plenipotentiary appended to the Treaty of Paris, it is undertaken that "the letters of exchange and bills, which had liccii delivered to the Canadians for the necessaries furnished to the French troops, " shall be paid "agreeably to a li(piidation made in a convenient time." See .Vrticles i't, 21 of the Capitulation of Montreal. TIOYAL PROCLAMATION, lUi'A. 67 IV. ROYAL TROCLAMATION' UNDER THE TREATY OF PARIS, 1708. BY THE KING. A PROCIiAMATION. GEOIlfiK R. WiiKi'.KAS wc have taken into our Royal consideration the extensive unci vahiable ac(iuisitions in America, secured to our Crown by tiie late definitive treaty of peace conchuled at Paris the tenth day of February hist ; and bein.i; (k'sirous tliat all our Invin;^ subjects, as well of our kingdoms as of our colonies in America, may avail tliemselvcs with all convenient speeel of the j^reat benefits and advantaj^es which must accrue therefrom to their commerce, manufactures, and navi.uatiun ; we have thought fit, with the advice of our Privy Council, to issue tliis our Hoyal Proclamation, hcreliy to publish ami (hndare to all om- loving subjects, tliat we have, with the advice of our said I'rivy Council, -granted our letters [)atent under our Great Seal of (rreat Britain, to erect within the countries and islands ceded and confirmed to us by the said treaty, four distinct and sejiiirate v^'overnments, stiled and called by th(> names of QfF.iiKc, East Fi,oi!1i>a, \Vi:sr Fi.onii.A. and Ghknaoa, and limited and bounded as follows, viz : i'ir.-itlij. The Government of (^rr.uEc, bounded- on the Labrador Coast by the River St. .lohn, and from thence by a line drawn from the head of .that river, through the Lake St. John, to the south end of the Lake Nipissiin ; from whence the said line, crossing.; the River St. Lawrence, and the Lake Champlain in forty-five de<,'rees of north latitude, passes alon<^ the hij^h lands which divide the rivers that empty themselves into the said River St. Lawrence, from those which fall into the sea ; and also alonf,'tlic north coast of the Baye des Chaleurs, and the coast of the Gulph of St. Lawrence to Cape Rosieres, and from thence crossinf^ the mouth of the River St. Law- rence by the west end of the Island of Anticosti. terminates at the aforesaid River St. John. SrroiKUij. The Government of East Floiuha, bounded to the west- ward by the Gulpii of Mexico and the Apalachicola River; to the northward, by a line drawn from that part of the said river where; the Catahouchee and Flint Rivers meet, to the source of the St. Mary's River, and by tlie course of the said river to the Atlantic H.C.C. — 5 68 ROVAIi TROCLAMATION, 170^. Ocoiin ; iind to the east ami south hy tlie Athintic Ocean and tlic Cltilph of Florida, inclndin^' all tlio islands within six leaj^'ucs of the sea coast. 'Hiirdlij. The (lovernnient of Wkst ri.oiiiDA, bounded to the soutii ward by the Gulphof Mexico, including' all islands within six leaj^ues of the coast from the River Apalachicola to Lake Pontchartrain ; tu tlie westward, by the said lake, the Lake IVIaurepas, smd the River Mississippi ; to the northward, by a line drawn east from that part of tlie River Mississippi which lies in thirty-one de^^rees north latitude, to the River Apalachicola, or Catahouchce ; and to the eastward hy the said river. Fourthli/. The Government of GiiKNAOA," comprehending' the island of that name, together with the Grenadines, and the islands of Dominico, St. Vincent and Tobaj,'o. And to the end that the open and free lishin<^ of our snl)jects may be extended to and carried on upon tlie coast of Labrador, and the adjacent islands, we have thouj^ht tit, with tlie advice of our said Privy Council, to put all that coast, from the River St. John's to Hudson's Streif,'lits. to^'etlier with the islands of Anticosti and the Maj^deleine, and all smalkr islands lyinj^ upon the said coast, under the care and inspection of our Governor of Newfoundland.* We have also, with the advice of our Privy Council, thought fit to annex the islands of St. .lohn and Cape Breton, or Isle Royale, with the lesser islands adjacent thereto, to our Government of Nova Scotia." We have also, with the advice of our Privy Council aforesaid, annexed to oui' Province of Georgia, all the lands lyin^' between the rivers Attamaha and St. IMary's. And whereas it will greatly contribute to the spoeily settling (iur said New Governments, that our loving subjects should be informed of our liaternal care for the security of the liberty and properties of those who are, and shall become, inhabitants thereof ; we have thought lit to publish and declare, l)y this our Proclamation, that we have in the letters patent under our Great Seal ot Great Britain, by which the said Govern nieiits are constituted, given express power and direction to our governors of our said colonies respectively, that so soon as the state and circuin stances of the said colonies will admit thereof, tliey shall, with the advice and consent of the members of oui- ("ouncil, summon and call general assoinblies" within the said governments respectively, in such manneraiiii form as is used and directed in those colonies and pros inces" in America, which are under our immediate government; and we have also given power to the said governors, with the consent of our said councils ami the representatives of the people so to be summoiitil as aforesaid, tu ROYAL PROCLAMATION, 17ti:i. fi!) make, constitute, and ordiiin laws, sliittitos, and ordinances for the jmhlic peace, welfare, and i^ood ^'ovei'uinent of our said colonies, and of the people and inhabitants thereof, as near as jnay he, aj'reeable to the laws of I'lntiland, and under such rei,'ulations and restrictions as are used in other colonies, and in the meantime, and until such assemblies can 1j( called as aforesaid, all persons inhabitinj,' in or resorting' to our siiid colonies may confide in oin* Hoyal i)rotection for the enjoyment of thr benefit of the laws of our realm of I'hi^land:'* for which purpose we hivve i;iven power under our threat seal to the ^jovernors of our said colonies respectively to enact and constitute, with the advice of our said councils respectively, courts of judicature and public justice within our said colonies for the liearinj^ and determining all causes as well criminal as civil according to law and equity, and, as near as may be, aj^'reeable to tlio laws of En^^land, with liberty to all persons who may tiiiidt tlu'iii selvt s a,i,'^rieved by the sentence of such courts in all civil cases to ap|)eal ' niiilei' the usual limitations and restrictions to us in our Privy Council ' / . We have also thou<,'ht fit, witli the advice of our Privy Council as afore- ' A said, to f^ive unto the f^(n'ern(>rs and councils of our said three new colonies «■) upon the continent full power iind authority to settle and a.i^ree with the -^ y inhabitants of our said new colonies, or any other person who shall resort (y thereto, for such lands, tenements and hereditaments as are now or here- rt after shall be in our power to dispose of, and them to grant to any such »^ -/ person or persons, upon such terms and under such moderate (]uit rents, " < t , services, and acknowledgments as have been appointed and settled in ■-■. other colonies, and under such other conditions as shall appear to us to * / .^ be necessary and expedient for tlie advantage of the grantees and the innirovement and settlement of our said colonies. And whereas we are desirous upon all occasions to testify our Royal •ieiise and approbation of the conduct and bravery of the ot'ticers and soldiers of our armies, and to reward tlie same. \Vedoherel)y command Hiid empower our governors of our said three new colonies, and other our iiovernors of our several Provinces on the continent of >Jorth America, to 1,'raiit without fee or reward to such reduced oflicers as have served in Nortli America during the late war, and are actually residing there, anil shall personally apply for the same, the following (luantities of land. subject at the expiration of ten years to the same quit rents as (jtiier lands are subject to i!i the Province witliin which they are granted, as ■ilso subject to the same conditions of cultivation and improvement, vi: : To every person having the rank of a held oflicer. . . . .").(HtO acres. To every captain ;'..0(iO acres. To every subaltern or staff officer 2,000 acres. To every non-commissioned officer 200 acres. To every private man OO acres. nu IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I IIM 112.5 .- I ill 3 2 2.0 1.8 1.25 1.4 1.6 -* 6" — ► ^ <^ /a /a VI <^ C/y. 'm e\ O ♦ ^^ /< O '/ Photographic Sciences Corporation 23 WeST MAIN STREET WEBSTER, NY 14580 (716) 872-4503 \ r^ "% v ip :\ \ 9)'- 6^ ^mO ///// ^^ 70 UOYAL PROCLAMATION, lim. We ilo likewiHf autliorize mid rtMjuire tlit* (loveniors and ConimanderB- iii-Cliief ;)f all our said Colonics upon the (Continent of North America, to ^rant tlie like (juantiticK of land and upon the same conditiouH to Hindi reduced oflicers of our navy of like rank as served on board our ships of war in North America, at tiie times of the reduction of Louisbur^; and Quebec in tlie late war, and who shall IHirsonally apply to our respective (iovernors for such j^ranty. And whereas it is just and reasonable, and essential to our interest and the security of :)ur colonies, tliat the several nations or tribes of Inilians'" witli wlioni we are coiinecti'd, and wiio live under our pro- tection, should not ')e mojpsted or disturbed in the possession of such parts of our donuM; i;. Ill, d territories as, not luivin^j been ceded to us, are reserved te then, or any of them, us their huntin;{<^rounds ; we do therefore wi'.i the u 1 e of our J'rivy ('ouncil, declare it to be our Royal \>.;r a/i(i plji.-.! • ■ o Governor or (Jommander-in-Chief in any of our colonies Jt QtK.ii ',\^t Fi,oi!II>a, or \Vi:sr Flohida, do presume upon u'ly j.naence whate' •■r to tyrant warrants of survey, or pass any patents tor iiiiids beyond tlie Inniiids of tlieir resjiective {governments as described in tlieir comniissioiis : as also tiiat no Governor or Commander- in-Cliief of our otlier colonies or plantations in America do presume for the iireseiil, and until our further pleasure bi" known, to ;^rant warrants of survi'y, or pas* any [lalt'iits for lands ia^yoiid the heads or sources of any of the rivers which full into the .Vtlantic Ocean from the west or nortiiwest ; or n[ioii any lands whatever wliicli, not having been ceded to or purchased by us, as aforesaid, are reserved to the said Indians or any of them. And we do further declare it to be our Royal will and pleasure, for the present as aforesaid, to reserve under our soverei{,'iity, protection, and dominion, for tlie use of the said Indians, all the land and territories not included within the limits of our said three new j^overnments, or within the limits of the territory {^ranted to the Hudson's Bay Company ; as also the land and territories lyin^i to the westward of the sources of the rivers which fall into the sea from the west and northwest as aforesaid ; and we do hereby strictly forbid, on pain of ourciispleasure, all our loving subjects from making; any purchases or settlements whatever, or takinjj possession of any of tlie lands above reserved, without our special leave and licence for that purpose first obtained. And we do further strictly enjoin and require all persons whatsoever, who have either wilfully or inadvertently seated themselves upon any lands within the countries above described, or upon any other lands which, not having been ceded to or purchased by us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from Buch settlements. ROYAL PROCLAMATION, 17<»8. 71 And wlicroas threat fraiulK and abuses have been committecl in the imrclmsint; lands of the Indians, to tlie {^reat prejudice of our interests and to the ^'reat dissatisfaction of the said Indians ; in order, therefore, to prevent such irrepuhirities for the future, and to the end tliat the Indians may be convinced of our justice and determined resolution to icniovc all reasonable cause of discontent, we do, with the ad\ice of our Privy rouncil. strictly enjoin and require that no private person do presume to make any purrliase from the said Indians of any lands reserved tn till' said Indians within those parts of our colonies where we have thont,'lit i)roper to allow settlement; but that, if at any time any of the said Indians should be inclined to dispose of the said lands, the same sliall be purchased only for us, in our name, at some public meeting or assiinhly of the said Indians, to be held for that purpose by the Governor or rominander-in-(!hief of our colony respectively, within which they «liall lie: and, in case they shall be within the limits of any proprie- tiiriis,' ' conformable to such directions and instructions as we or they «liall think proper to t^ive for that purpose : and we do, by the advice of oiir Privy ('(nuicil. declare and enjoin that the trade of the said Indians rtliall be free and o]>en to all our subjects whatever, provided that every person wlio may incline to trade with the said Indians, do take out a licence for carrying; on such trade, from the Governor or C'ommanderin- Chief of any of our colonies respectively, where such person shall reside, and also tiive security to observe such ret^ulations as we shall at any tiinf tliink fit. by ourselves or commissaries to be appointed for liiis liuriiosc. to direct and ajipoint for the benefit of the said trade ; and we do liiroliy authorize, enjoin and recjuire the Governrns and Gommanders- in-('liief of all our colonies respectively, as well those under our innne- diat<- {government as those inider the •government and direction of pro- jirit'taries, to trrant such licenses without fee or reward, takiiif^ special ciiiv to insert therein a condition that such licence shall be void, and the security forfeited, in case the jierson to whom the same is ^'ranted shall refuse or nt';;lect to observe such rej^ulations as we shall think proper to Iinscrihe. as aforesaid. And we do furtlier expi'essly enjoin and re(|uire all oflicers whatever, IIS well military as tliosi' employed in the nniuai^enient and eoii ruverHed l>y or (U!il by tho Que!;ec Act. The ten IK reprinted from the " .Annual KcKister " for 17ti;i, a conteniporury avithority. hut it has been compared witli other reprintH. « (.'ompaio tho boundaries of Quebon as ^iven in the Quebec .Act, 1774, an modilled by tho Treaty of Paris, 17h;1, and as authoritatively declared for the western and northern limits of the former I'rovinco of Quebec by tho In p» .jal Act of Ihk^i to de«lare the bounilariesof the Proviuco of Ontario in the Dominion of Canada i.Vi and ra Vict. Cliap isi. •' See Lord (;hief .Justice Mansttc-ld's iud(,'nient in CatnpUell y. Hall, for a state- ment of the facts ecuinccted with tho ostahlishment of Hritish (iovernmoiit in (irenada. ♦ Compare tlie ti)uebec Act, 1774, and the Constitutional .\ct, 1791. For the treaty stipulations with l-'ranco respecting' the fisheries see the Treaty of Utrecht, 17i:J, the Treaty of Paris, 170.1, and the Treaty of Versailles, 17«.'J. » "St. .John" was tho former luvmo of Prince Kdward Island. With respect to Nova HcDtia and Cape Hreton, com|)are tliu Treaty of L'trecht, 1713; the Treaty of Ai.\-la-Chapelle. 1748 ; and the Treaty of Paris, Vjm. '• Tho commission to Oovernor Melville of (Iroiiada was issued on the 9th of April, 1704, and the one to (lovernor Murray of Quebec on tho '2l8t of Novoiiibci- 17ti:i. Kach authorized tho (lovernor to call an .Vssombly, but in tho case of Quebec this authorization was not acted upon. With respect to Grenada see Note 3, above. ' Si!o Note 1.") to " Uopresentative Assemblies in the Maritime Provinces." * For contemporary opinion as to tho extent to which lOiiKlish law, civil and criminal, was really introduced by this i)roclamation, see Maseres' " Collection of Couimissioiis." y Tho appellate jurisdiction of tho KinR-in-Council was declared illoRal by the Petition of UiKlit and the Act of 1040 for all causes arising,' in (Ireat Hritain. It was recognized after tho Uestoration, first for the Islands of Jersey and Guernsey, and afterwards for all the Colonies, for which the Judicial Committee of the I'rivy Council is still tho tribtiiuil of lust resort. 10 The nature of the Indian title to hinds occupied by nomad tribes has from very early times in .Xmerica, been a subject of b )tl: political and lenal importaiu'c- For all Hritish Colonies all controversy on the iiuestion has been linally set at rest by the judh'nieiit of the iliidieial Committee of tho Privy Council in the well- known case, "St. Cathiriiifx' Milling and Liimhfr CiD'iimny v. Th<' Queen." Tlic jud^'iiiont in that case (App>eal Cases, Vol. XIV.. pp. 40-01) was delivered by Lord Watson. accordiiiR to whom the terms of this Proclamation "show that the tenure of the Indians was a iiersoniil and usufructuary ri(,'ht, dependent on the Kood will of tho Sovoreiun," and " th j Crown has all aloiin had a present proprietary estate in tho land upon which the Indian title was a mere burden." The theory on whii'h the Hritish colonists in .\merica acted is lucidly stated in a formal opinion Kiven jointly by several colonial authorities, and printed in tho " DocumentB relating to PROCLAMATION UNDER THE TREATY OF PARIS. 7B thp Coloiiinl HiKtory of tlic State of Now York," Vol. XIII., p. 4Hfi: '• Tho' it )iatli hci'ii mill Ktill iR ttiu usual practice of all PropriotorH to kivc tlieir IndiaiiH Rome rc(.'i>iii)i(>ii(Mt for their land, and seem to i)iircliaBe it of them, yet that in not done for want of siiffioient title from tlieKinK or Prince who hath the riKJit of discovery but out of prudence and Christian charity, least otherwise the Indians niif{ht have cli'ctroyed thi! first planters (who ar(' usually too few to defend themselves) or rcfiisi- all commerce and conversation with the planters, and thereby all hopes of i-onvt'i'tin^ tliem to tlie Christian faith would he lost." The judpuent of tho Privy Council ahove cited was Ktvon on an appeal from the judKUirnt of theKupremeCourt of ('Hnnnj,'th of the title paru- iiiouiit," lOntai'io Ueports, Vol. X., p. i2:(li. The various judu'inents in the Canadian Courts contain very full discussions of tlie whole ipiestion iti its historical aspects. II Settlements or plantations, of whifli the territory liad been granted to indi- viduals or comiianics l)y Koyal chartfrs, 74 COMMISSION OF OOVKKNOU MlltltAY. COMMISSION' OF (lOVKRXOK MUHKAV, 170:5. George the Third, by the Graco of God, of Great Ih'itain, France, and Ireland, King, Defender of tlie Faitli, and ho forth, to our trunty and well-beloved James Mukuay,'- KHquire, Greeting : We, reporting especial trust and confidence in the prudence, courage. and loyalty of yon. the said .lames Murray, of our es|)ecial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these premises do constitute and appoint yon, the said JameM Murray, to be our Captain (Jeneral and (Jovernor in Ghief in and over niir province of Quebec" in America; boundi^d on tli'' liahradoi' Coast by the river St. John; and from thence by a line drasvn from tlm head of tliat river through the lake St. John to the south eiul of the lake Nipissim. from whence the said line crossing tlie river St. La' ence and tlie lake Champlain, in forty-five degrees of nortiiern latitude, passes along the high lands wliicli divide tlie rivers that empty themselves into the said river St. liawrencc from tiiose which fall into the sea ; and also along the north coast of the Haye des (.'haleurs and the coast of tlie gulf of St. Lawrence to (Jape Hosieres: and from thence crossing the mouth of the river St. Lawrence by the west end of the island of Autieosti, terminates at the aforesaid river St. John ; together with all the rights, members, and appurtenances whatsoever thereunto belonging. ;Vutl we do hereby re;net or si<^n manual or by our order in our i)rivy Council. And our will and pleasure is that the persons thereupon duly elected by till' major part of the freeholders of the respective panshi's or precincts, •tiid so returned, Bhall, before their sittin;,', take the oaths mentioned in tli<' said act, intituted " An Act for the further security of his Jlajesty's |n.!soii and government, and the succession of the Crown in the heirs of till' late Princess Sophia, bein^^ I'rotestantH, and for extint^uishinj,' the Impes of the pretended Prince of Wales, and his open and secret abettors ;'" ;is iilsu nuike and subscribe the fore-mentioned declaration ; which oaths uikI ileilaration you shall commissionate fit persons under the public seal of that our province to tender and administer unto them; and, until llic same shall be so taken and subscribed, no peisun shall be capable of sitting', thouj^'i) elected. .Vud we do hereby declare that the j)ersons so elected and ijualilied slmll be called " The .^ssembly of that our Province of Quebic"; and that you, the said James Murray, by and with the advice and consent of our said Council and Assend)ly. or the nid'vr part of them, shall have fidl powiT and authority to nnikc, constitr'e and ordain laws, statutes, and ordinances for the public peace, welfare, and j^ond j^overnment of our sail! [irovince, and of the people and inh;il)itants thcieof. and such others its shall resort thereunto, and for tlie benefit of us. our heirs, and succes- sors: wliich said laws, statutes, and ordinances are not to be repuf^nant. but as near as may be a^ieeable to the laws and statutes of this our kinj,'- (loin of (ireat Uritain. And we do l)y th(!se presents yive and },'ranl unto you, the said James Murray, full power and autliority, witli the advice and consent of our said Coinicil, to erect, constitute, and establish such and so maiiv courts of judicature and public justice"' within oin* said piov ince under V'Uirj^ov ( rmntiit as ynn ittid they shall think fit ami urcessiiry, for the licarinii ami ditirniinin^^ of all causfs. as well criminal as .-ivil. aci'orilin;^ to law and i'c|uity. ami for awardiii',' execution theriuiuMi, with all reasonable ami hecess.iry iiowers, authorities, ffcs. and privile^'es hi'lr.nyinj' thereto. And wc do hereby ^;rant unto you full power auil authority to cousti- lutc and appoint judt,'es. and, in erases I'l'iiuisite. commissioners of oyer ami terminer, justices of the (leac'e, and other necessaroy tficers and ministers''' in our said province for the better administration of justice loiil puttin;i the laws in execution; and ;to administer, or cause to be 76 COMMISSION OF GOVERNOR MURRAY. lulmiuistcred, niito them hucIi oath or oaths as are usually (liven for the due execution and pi;rformancc of ofticeH and places, and for clearin^j tlio truth in judicial cauHeH. And we do hereby ^ive and grant unto 'you full power and authority when you shall see cause, or shall jud-^'c any offender or offenders in criminal matters, or for any fines or forfeitures due unto us, fit objects of our mercy, to pardon all such offenders and remit all such offences, fines and forfeitures, treason and wilful murder only excepted; in whicli cases you shall likewise have power upon extraordinary occasions to •^rant reprieves to the offenders until, and to the intent that, our royal pleasure may be known therein. And we do by thc^sc [)risents ;,'ive and j,'rant unto you full power ami authority to collate" any person or persons to any churches, chapels, or otlier ecclesiastical benefices within our said province, as often as any of them sliall happen to be void. And we do hereby I'ccpiirc and coinm;uid all ollicers and ministers, civil and military, ami all other inhabitants of oiu' said jjrovince, to be obedient, aidini^ and assisting,' unto yon. the said James Murray, in the e.\eculion of tliis our commission and of the powers vnd authorities therein contained ; and in case (jf your death or absence from our said province and f^overnnient, to be obedient, aidinjj and assisting to tlic commander in chief for the time being ; to whom we do tlierefore by these presents give and grant all ami singular the powers and authorities herein granted, to be by him executed and enjoyed during our pleasure, or until your arrival within our said province. And in case of your death or absence from onr said province our will and pleasure is that our lieutenant governour of Montreal or Trois Itivieres, according to the priority of their commissions of lieu- tenant governours, do execute our said commission with all the powers and authorities therein mentioned as aforesaid. .\nd in case of tlm death or a))sence of our lieutenant governours of Montreal and Trois Rivieres from our said province, and that there shall be no person within our said province appomted by us to be lieu- tenant governour or comtnandtjr in cliief of our said jirovince, our will and pleasure is that the eldest councillor, who shall be at the time of your ileatli or absence residing within our said province, shall takt; upon him the administration of the government, and execute our said commis- sion and instrn(!tions, and the several powers and authorities therein contained, in the same manner to all intents and purposes as other our governour or comnuvnder in chief should or ought to do, in case of your absence, or until your return, or in all cases until our further pleasure be known. COMMISSION OF GOVERNOR MURRAY. 77 And we do hereby declare, ordain, and appoint that you, t)ie said Janiow Murray, shall and may liold, execute, and enjoy the ofiice and place of (iiir Captain General and Governour in Chief in and over our said Pro- vince of Quebec and all the territories depeiidintj thereon, with all and sinitular the powers and authorities hereby (granted unto you, for and (Inriiit^our will and pleasure. In witness whereof we have caused these^ (iiir letters to be made patent. Witness ourself at Westminster, the twenty-first day of November, in the fourth year of our rci-jn. By writ of Privy Seal. (Signed) YORKE ct YOIIKE.* NOTES TO GOVEUNOU MURRAY'S COMMISSION. I Tlio text of this Coiiiniissioii is ri^priiitod from ''A Collection of Scvi-ral Coni- nii>>ioiisan(l()tlU!rrul)lic Instruments," by Francis MasRros, wlio bccamo.Vttornoy- (Iciii'rnl of tlio I'rovin'.'e of (^neboc in ITtKi. Tlic "(JDlloction " was |i;ili1isliud in biJiiilon in 177U. 'I'lio omittod passaties deal witli tlio oaths to l)o taken by the (iovernor and to bo administcreil by him to other ollieials, tho custody of the imb- 1'" sj'al, tho disallowance of statutes and ordinanct-s, tho Governor's veto, the riiisiiiL; of armed forces and erection of fortiti(!atioiis, the pmiishment of olTences (■(iiiiinittcil by marines, the appropriation of public moneys, the nniiniKoment of till' public lands, and tho establishment of markets and harbors. They are iiiutatU inutandU, practically identical with the passages that dual with the same Mil)jfcts in tho Connnission of (iovernor Cornwallis. - (all. Murray took part in tho seine of (^uoIm'c in 17.j'.), and was comnumdant of tlmt city after its capture. In the summer of 17(50 ho ascended tho St. Lawrence with an army to meet (Icn. Amherst at Montreal. Ho was one of the liritish (ii'iierals who administered tho coimtry by military rule until this commission Wii'; issued to him as tho llrst civil (loviTnor after the capitulation. The other j;< Morals were 'laldimand, wiio conimauded at Thrt.'O Kivers, and (lat^e who coui- iriiuulfd at Montreal. Murray retired from Canada in 1707. See tho Hoyal I'roclamation, I'H'ii. * No assembly was ever called togetlier under this commission, as had been dom^ friiiii 17.5S under tho similar commissions to tlio Governors of Nova Kcotia. Then? is reason to believe that in declining to act on tlii^ authority contained in his iniiiiiiission.Gov. .Murray followed the advice Riven l)y Cliief Justice Hey,.Vttorney- (itiii'val Maseres, and Lieutenant-Govcriuir Carleton. 'I'lie assumption was that KiiKlish law, both civil and criminal, had Ijeen iiitiddiiced by tho lloyal Proclamatinn of 17()U. For illustrations of tho state of fiiiifiision wliich ensued in tho administration of Justice seo Smith's "History of (aimda .rom its First Discovery to the year 17U1,'' and especially the report, there 78 NOTKS TO OOVEUNOU MUUUAY 8 COMMISSION. uiveii ill full, of Crown Law Ollicurs Yorko ami DoCiroy to tlio Lords of Trade ami I'laiitatioiis on citrtaiii iiiuiiiorials and potitioiisHcnt from botli nritisliand Freiirli reBidoiits in Quolioc, Kee also Attornoy-dciieral MasuruK' "Draught" of a I'i'port ill ITIi'J on tlio same Knhjcct in the collectioii mcutioned in Note 1 above. TliU draft was not acco|)taljl(! to (lovornor Carloton, who favored the revival of "tlie wiiok" body of the Kreiu'h laws that were in use there before the coiKjiuist witli resjioct to eivil matters." This poliey of (tovernor Carleton'H, in spite of tho 4j|>I)osition of Maseres and of Chief Justice Hey, was afcerwards embodied in the Quebec Act. « The first judt,'e appointed under this commission was Chief Justice (iregory, who was recalled on the representatimi of (lov- Murray (Smith's "History"). He was succeeded by tMiief Justice Hey, whose eommifHion was issued by Gov. Caril- lon in ITtiti and isniven in full by Maseres in his "Colle;>, iiurchasfd lands in the island of (iiiiiada : and it is brou;;ht iti^iiiiist till' defendant, William Hall, "vho was collector for His Majesty .'it the time of levying the import of a duty of four anil a half per cent. 11)11111 u'oi'ds exported from the island of (irenada. The action is to re- cDVt r a sum of money, which was levied by the defendant and paid by the plaintiff, as this duty of fom- and a half per cent, upon sugars, whicli were exported from the island of Grenada, from the estate and by the consignment of the i>laintii"f. The action is an action for money iuvd and received ; and it is brou^^ht iilKiM tins j'round, mimely, that the money was paid to the defendant without consideration, the duty for which ho received it not havinj{ been imposed by lawful or sufHcient authority to warrant tlie same. .Viid It is stated in the special verdict"' that the money is not paid over, liiit (dutinues in the defendant's hands, by consent of the Attorney-Cen- tral, for His Majesty, in order that the question may lie tried. 'riie special verdict states Crenada to have been con([Uered by the IJritisli arms from the French Kin^ in 17()2; that the island was ceded by capitulation ; and that the capitulation upon which it surrendered was by reference to the capitulation upon wliich the island of Martinico had been suriendered on the 7th of February, 17()2. 'I'lio special verdict then states some articles of that capitulation, particularly the fifth, which f^rants that Martinico should continue to be tioverned by its own laws till His Majesty's pleasure be known. It next states the sixth article, where, to a demand of the iidiabitants of (iren- ada reipiiriiiL,' that thev. as also the relit,'ious orders of both sexes, should HO LORD MANSFIELD S JUDGMENT. be miiiiitaiiiod in tin- projjorty of tlicir offuctH, inoveiible iiiul iiiiinovoaliK'. of whiit niiturc Koevor, luul tlmt they hIiouUI be presiTved in tlieir privik'ji(!H. ri^ibts, bonoiirH, and exemptions, the iinHwer is tluit the in habitiinlH, bein;^ snbjcctH of Clreivt liritain, will enjoy their prnperties und the Hanie privileges as in the other His Majesty's Leeward Islands." Then it states another article of the capitulation, nar 3ly, the 7tii jirticle, by which they demand that they shall pay no other duties than what they before paid to the French Kin^ ; that the capitation tax shsill be the same, and tiiat the expenses of the courts of justice, and of tin- ndministration of t^ovc>rnment should Ixt paid out of the Kind's deniesne: in answor to whicdi they are referred to the answer I liavc stated, as i^iven in the fore;^oin)4 article ; that is, beinji subjects tiiey will be » ni.iticii ill like nuvnner as the other His Majesty's subjects in the British l.w ward Islands. Tlic next thinj,' stated in the special verdict is the treaty of peace signed on the 10th of I'Y>bruary, I7(>H ; and it states that part of the treaty of peace by wliich the island of (Irenada is ceded, and other articles not material. Tlie next and material instrument which they state is a prochnnation under the (Jreat Seal, bcarinj^ date the 7tli of October, ITti-'i, rwitiiiu thus :■ " Whereas it will t,'reatly contribute to the settlinj^ of our suid ishm.U "of wiiicli (Ircinida isone, lliat they be informed of our love and piitciiuil " (;are for the liberties and ri^iiitsof those wlio are, or shall be inhabitants " tliereof ; we have tiii'uniit lit to publish and di'clare by this our [irocliv " mation, that we liuve l)y our letters patent under our (Ireat Heal m " (ireat Hrilain, wiurehy our said (iovernments are constituti'd, <4. In these Utters there is ii com mission' uppomt \]\ll (ieiieriil Melville Ciovernor of the island of (ireimdii. witli power to sum iiii>M tin iissemhlv iis soon iis tiie sitiiiition iind eireiinisiiinces of the isliiml wiiiiid mlniit ; iind to make laws in all the usual forms with reference to ilic manner of the other asHemblies of th«' Kin^^'s Trovinces in America. 'riie(io\ernor arrived in (Jrenada tin tlie 14th of J)ecemlier, IT'il; before tlieeml of 17ti"». the particular day not stated, an assembly actually met . Itiit licfore the arrival of the (lovernor at (irenada. indeed. i)efore hi^ (ii |i;iituri' from London, there is another instrument upon the valiilityof wliifh tlie whole ijuestion turns, which instnnnent contains lettii patent under the (Jreat Seal, bearing; date the 'JOth of July, 17<)l, and III itin^i that in Harbadocs, and in all tin- IJritisli Leewanl islands, a duty of four ami a half i)er cent, was paid upon j,'oods exjiorted ; und K citing further : • Wlienas it is reasonable and expedient, and of importance to our •other su^jar islands, th.it u. like duties should take place in our said •• island of (Irenada ; we have thou^^ht lit. and our royal will aiul pkasun "is. anil we do heit.by, by virtue of our preroj^alive Koyal, order, dirtit. • and appoint that an import or custom of four and a lialf per cent, in •• s|inie. shall, from and after the 'JKth day of Sej)tend)er next ensuinj^ 'the date of these presents be raised and paid ti us, our lieirs and sue- •• censors, for and upon all ilead coinmoditieH of the fjrowth or pnjduce of •iiur said islan Iind si\eral Ads (if .\ssembly which are relative to the sew al islands, and which I ^iiall not state, as they are public, and every i^entleimin may have access U> them. These letters patent of the 'iOtli of July, 173, he luul divcHted himself of that autliority by tlie i'roclaination of that date. A f;rcat deal has l)yeii said, and aithorities liave been cited' re hvtive to propositions in which both sides exactly a^^rec. or which are too clear to be denied. 'I'he statint; of these will lead ns to the solution of the first point. 1 will stale the propusitioiis at lai'^e : 1 A country coiKpiered by liie IJritish arms becomes a dominion of the Kiiif^ in tiie i'i}.;ht of his ci'own, and therefore necessarily subject to the l(!nislative power of the Parliament of (Ireat IJritain. 2. 'I'hc concpiercd inhabitants once received into the conqueror's pro- tection becomes siibji'cts ; and lire imivt'rsall\ to \)f considereil in that li},'lit, not as ciifmies or aliens. ;{. .\rticies of cai)itnlatii>M, upon which the country is surrendered, and treaties of peace by which it is cedere. ."). 'I'he laws of a concpirri'd country contiime in force initil they arc altered by the con(]ueroi'. The justice ami antiquity of this maxim are incontrovertible; and the absurd exception iis to i)a;,'ans mentioned in t^alvin's case,' ' siiows the universality and anticpiity of the nuixim. That exce))tion could not exist before the (Christian era, and in all probability arose from the mad eiithuHiasm of the Crusades. In the present case the capitidation expressly provides and at^rees that they shall continue to be t^overneil i)y their own laws, until his IMajesty's pleasure be further known. t». If the Kiuf* has povvei (and, when I say " the Kinj,'," 1 mean in this case " the Kinj^ without the concurrence of Parliament ") to alter the old and to nnvke new laws for a conquered country — this beinj.; a power sub- ordinate to his own authority as a i)art of the supreme legislature and parliament — he can nuike none which are contrary to fundamental principles; he camiot exempt an inhabitant from the laws of trade, or the authority of Parliament, or f^ivo him privilej^es exclusive of his other subjects ; and so in many other instances that miglit be put. LOUD MANSFIELD S JUDGMENT. 8» Tlie present Proclamation is an Act of this subordinate legislative jiowcr. If it had been made before the 7th of October, 17GH, it would liavf hiHMi made on the most reasonable and equitable grounds, putting the islaiul of Grenada as to duties on the same footing as the other islands. [fdrenada paid more duties, the injury would have been to her; if less, it must have been detrimental to the other islands ; nay, it would have ix'cn carrying the capitulation into execution, which gave the people of (IrL'iiada hopes that if any new duties were laid on, their condition wiHild 1)L' the same as that of the other Leeward islands. 'I'lic only (piostion which remains on this first point then is, whether tlic King of himself had power to make such achange between the 10th of I'thniary, 17<)H, the day the treaty was signed, and the 7th of October, '- ITilH. 'i'aking tlu^ above propositiotis to be granted, he has a legislative power over a •.oiHiuered country, limited to him by the constitution, and subordinate to the constitution and parliament. It is left by the constitution to the King's authority to grant or refuse a cajjitula- tioii. If he refuses, and i)uts the inhabitants to the sword, or exterminates them, all the lands belong to him ; and if ho plants. a colony, the new settlers share the land between them, subject to the prerogative of the conqueror. If he receives the inhabitants under his pro- tection and grants them their property, he has power to fix such terms . and conilitions as he thinks proper. He is entrusted with making peiiceat his discretion ; and he may retain the conquest, or yield it up, on siK'li conditif)n as he pleases, 'i'liese powers no man ever disputed, iieitlier has it hitherto been controverted that the King might change part or the whole of the law or political form of government of a con- ijuered nation. To go into the history of concjuests made by the crown of England. The alteration of the laws of Ireland has been much discussed by lawyers and writers of great fame at different periods of time ; but no man ever said the change was made by tli>^ parliament of England ; no man, uidess perhaps Mr. Molyneux,'" ever said the King could not do it. Tlie fact, in truth, after all the researches that have been made, comes out clearly to be as laid down by Lord Chief Justice Vaughan, that Ireland received the laws of England by the charters and commands of Henry II., King John, Ilemy III., and he adds an rt vfti'i-u to take in Edward I., ar.d the successors of the princes named. That the charter of \'2 King John was by assent of a parliament of Ireland, he shows clearly to be a mistake. Whenever the first parliament was called in Ireland, that change in their constitution was without an act of the par- liament of England, and therefore must havr> b^^en derived from the King. H.O.C.— G 84 LORD MANSFIELD S JUDGMENT. Mr. Barrint^'ton is well vviirrantcd in sayin^j that the 12tli of Edward I., calltjd the " iStatuto of Wales," is certainly no more than a rei^ulatioii made by the King as con(iueror, for the j^overnnient of the country, which, tlie prednible says, was then totally subdued; and, however fur purposes of policy hi; niiiiht think lU to chiini it as a lief ajipertainiu^' to tlie realm of J-hi-^land, he could never think himself entitled to make laws without assent of parliament to bind the subjects of any part of tlie I'calm. Therefore as he did nuike laws for Wales without assent of parliament, the clear conseipieiice' ' is that ho ),'ove'i'ned it as a conquest: which was his title in fact, and tin; feudal right was but a lietion. Berwick, after tlie conquest of it, was governetl by charters from the crown, till the reign of .lames I., without intiaposition of parliament. Whateser changes were made in the laws iif Gascony, Guyenne, and Calais must have l)een under tlie King's authority ; if Ijv act of parlia- ment, that act woiUd be extant, for they were con(juert:d in the reign of King Eilward 111. ; and all the acts from that reign to the present time are extant ; and in some acts of [.arliament there are commercial regula- tions relative tc each of the conquests wliicli I have named ; none mak- ing any change in th(;ir constitution and laws, and particularly with regard to Calais, which is alluded to as if its laws were considered as given bv the (Jrown. Yet as to Calais, there was a great change made in the ci'Ustitutiun ; for the inhabitants were summoned by writ to send burgesses to the J'higlish parlianunt : and, as this was not by act of ... li.uneul, it must have been by the sole act df the King. Besides the garrison there are inhabitants, property, aird trade at Gibraltar ; the Jving, ever since that conquest, has from time to time made orders and r( gulations suitable to the cundilion of those who live, trade, or enjoy property in a garrison town. j\lr. Allorney-Geiieral''' has nllndeil +0 a variety of instances, several within these twenty ,, ears, in v.liicl'. the King has exercisetl legislation over Minorca. Iii Minorca, it has appeared lately, there are and have been for years back a great nuin\ inhabitants of worth and a great trade carrieil on. If the King does it there as coming in the place of the King of Spain, because their old '•onsiiiution ennliiiues (which by the by is anoliier proof that the constitution of Jhi.Liland does not necessarily fol- low a cou(]Uest by the King of Jungland) the same argmnent applies here; for before the 7th of October, 17ti3, the constitution of Grenada continued, and the King stood in the place of their former sovereign. After the coU(juest of New York, in which most of the old Dutch ndiabilants remained. King Charles 11. changed its constitution and political form of government, and granted it to the Duke of Yin'k, to hold '.<• Mu his crown under all the regulations contained in the letters patent. It is not to be wontlereil that an adjudged case in point is not to be found ; no dispute over was started before upon the King's legislative LOKD MANSFIKLD S JUDGMENT. ft 5 'W- riclit over a conquest ; it never was denied in a court of law or equity in Wo^tniinster-hall, never was questioned in parliament. I^ord Coke's icpiirt of the ari^'uments and resolutions of the ,judf,'es in Calvin's case l,\ys it down as clear (and that stran^'c extra judicial opinion, as to acon- (inest from a pau;an country, will not nuike reason not to l)e riMison. and law not to be law as to the rest). The hook says, tliat " if a K[\\al. TIh ir answer is — " If .bimaica was still to be considered as a coiujuered idaiiil, the King had a right to levy taxes uimii the inhabitants; but, if It was to be considered in the same light as the other colonies, no tax could be imposed upon the inhabitants, but by an assembly of the island, IT by an act of parliament." The distinctitm in law between a conquered eouiitry and a colony they held to be cdear and indisputable; whether, as to the case before them of Janniica, that island remained a conquest or was made a colony, they had nut examined. 1 have, ujioii formei' occa- sions, traced the constitution of Jannii.:a as far as there are books or IMjicrs in the offices ; I cannot t'md that any Spaniard remained upon the island so late as the Restoration; if any, they were very few. A gentiu- uiau to whom I put the question on one of the arguments in this cause, •said he knew of no Spanish names' " among the wiiitc inhabitants of V' 80 LORD MANSFIELD 8 JUDGMKNT. Jamaica ; but there were amonj^st the ne^'roes. The Kiiit;, I mean Cliiirlos tlie Second, after the Restoration invited settlers by prociania- tion, promising,' tlietn liis protection. He made tjrants of lantl. He appointed at first ». jiovernor and council only; afterwards he {^ranted a commissioi\ to the {governor to call an assembly. The constitution of every province immediately under the King has arisen in the same manner ; not by the tyrants, but by commissions, to call assemblies. And therefore, all the Spaniards havinf^ left the island, or haviiif,' been killed or driven out of it, Jamaica from the lirst settlinj^ was an Enj^lish colony, who under the authority of the Kinj^ jdanted a vacant island, belonf,'inf,'to him in right of his crown ; like the cases of the islands of St. Helena luid St. John, mentioned by Mr. Attorney-General. A maxim of constitutional law, as declared by all the judges in (';il\in's case, and which two such men in modern times as Sir I'liilip Yorke ami Sir Clement Wearg took for granted, will acquire some authority, eviii if there were anything whi(;h otiierwise ;niade it doubtful ; but on the contrary no book, no saying of a judge, no. not even an opinion of any counsel, i)ublic or private, has been cited ; no instance is to be found m any period of our history where it was ever (juestioned. The counsel for the plaintiff undoubtedly labored tiiis point from a dillidence of what might be our opinion on tlie second (pustion. But upon the second point, after full consideration, we''* are of opinion that before the letters patent of the '2(Jth of July, IIM. the King had precluded himself from an exercise of the legislative authority which he had before by virtue of his prerogative over the island of Grenada. The lirst and material instrument is the i)i-oclauuition of tiie 7th of Octobir, 17<'):5. See what il is that the King there says, and with what view he says it ; how and to what he engages himself and pledges his word : " \V hereas it will greatly contribute to the speedy settling our said new governments, that our loving subjects should be informed of our paternal care for the security of tlie liberty ami properties of those who are, and shall become, inhabitants thereof ; we have thought tit to pub- lish and declare by this our proclamation, that we have in the letters patent under our (ireat Seal of tireat liritain, by which the saitl govern- ments are constituted, given express power and direction to our governors of our said colonies respectively, tha^, so soon as the state and circum- stances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our council, summon and call general assemblies" (and then follow the directioua for tliat purpose.) And to what end ? " To nuike, constitute, and ordain laws, statutes, and ordinances for the public peace, welfare, and good government of our said colonies," of which this of Grenada is one, "and of the i)eople and inhabitants thereof, as near as nniy be agreeable to the laws of LORD MANSFIELD 8 JUDGMKNT. 87 Kimltiiul."' With what view is tlie promise <^iven ? To invite scttlera ; to invite subjects. Wliy ? The reason is j^iven. Tliey may think tlieir lil)( rties and properties more secnre wlien they luive a le<,'ishitive assem- bly tlian under a f^overnor and council only. The f^overnor and council (U])enilin^ on the Kin^, he can recall them at pleasure, and ^'ive a new frame to the constitution ; but not so of the other, which has a negative oil those ))arts of the le-^'islature which depend on the Kint,'. Therefore that assurance is jjiven them for the security of their liberty and pro- unities, and witli a view to invite then\ to <^o and settle tliere after this inncliiniation that assured thei , uf the constitution under which they were to live. Tlic next act is of the 'ifJth of March, 17<)4, whicli, the constitution liiiviiiii been established by proclamation, invites furtlicr such as sluill lie disposed to come and i)urchase, to live under tiu^ constitution. It states certain terms and conditions on which the allotments wei-e to be taken, established with a view to permanent colonization and tiie in- crease and cultivation of the new settlement. For further contirmation (if all this, on the Dth of Aiu'il, 17'>4, three nnnitlis before the impost in ,'overnor and CDUucil under his authority, or in any other method or nuvnner, mitil the a-isiinl)lv should be called : the promise imports the contrary ; for wliat- t'VLi' construction is to be put upon it, iwhich perliajis it may be some- what dit'ticult to pursue throuf^li all the cases to whicli it may be applied) it a|)parently considers laws then in bein^ in the island, and to be administered by courts of justice; not an interposition of lej^islativo authority between the time of the promise and of calling the assembly. It does not appear from the special verdict when the lirst assembly was called ; it nnist have been in about a year at farthest from the governor's arrival, for the jury find he arrived -in December, 17<'»4, and that an assembly was held about the latter entl of the year 17().'). Kt) tliat tliero appears to have been nothin«5 in the state antl circumstances of the island to prevent callinj^ an assembly. ^Ve therefore think that, by the two proclamations and the commission / to Governor Melville, the Kin;^ had immediately and irrevocably ;^ranted to all who were or should become inhabitants, or who had or should have property, in the island of Grenada — in ^'eneral to all whom it mi{»ht con- cern—that the subordinate lej^islation over the island should be exercised by an assembly, with the consent of the f^overnor and council, in liko manner as in the other provinces under the Kinu. Therefore, thouj^h the rif,;ht of the Kin^^ to have levied taxes on a con- tiuered country, subject to him in rij^ht of his crown, was ^;ood, and the 88 LOUD MANSFIELD 8 JUDOMKNT. duty feasonal)lc, C'luitiible, and cxpfrlicnt, niid, acc(irdin<4 to tlio fiiulint,' of tlie verdict, piiid in JiivrhudouH iind all tho other Leeward islands ; vet" by tlie inadvertency of the Kinj^"s servants in the order in which the Buveial instrunionts passed the otlice (for the patent of tlie 2( th of .Inly, 17<)l, for raisin^,' the impost stated, should have been lirst), the order is inverted, and the last we tidnk contrary to and a \iolation of tlie first, and therefore M)id, How propt r soever the thinj,' may be respecting tl;e object of these letters patent of the 2(ith of .Inly, 17ti4, it can only now be done, to use the words uf Sir I'hilip ^'oi-ke and Sir Clement Wearj^, •■ Ijy the assembly of the island, (u* by an act of the Parliament of Great liritaiu."' The conseipienco is, jnd;,'ment must bo <;iven for the plaintilY.' ^ N()Ti:S T(^ LOlU) .^lAXSITMLDS .IT'DCIMl'AT. 1 This jit'li,'uiiMit is to bo toniiiihell v. Hall was lirst tried at the Guildhall, before Lord t.'liief Justice .Mansl'ield and a .jtn-y. The latter returned a "special verdicr,' end)odyinM in it simply tlie ascertained facts of the case, and expressly leaviie.; the le^al or constitutional question at issue to be decided by the Court. I Compare with this stipulation and reply those found in the .\rtieles of Caiiitu- lation of Quebec, 17.")i(, and of .Montreal, 17()(l, and the corresponding provisions ot the Treaties of L'trecht, 17b't, and of Paris, 17(13. 7 This para^jraph from the Uoyal Proclauiation is not quoted literally. See the correct text on pp. CK-O'.). N See Note 1.5 to " Jtoprosontativo Assemblies in the Maritime Provinces." !» The form of this Connnission was similar to that of Governor Cornwallis' of Nova Scotia (pp. 9-10). 10 Cowper's "Ueports " lui'i " import." II Lord Chief Justice Coke gives an abstract of the Calvin case in the seventii book of his "Kei)orts." .\ lucid and interesting account of it is given by Maseres in the "Cainvdian Freeholder," Vol. II., pp. 312-3'i'2, For the benetlt of those who Lave not access to these works it may be stated that Calvin was an infant born iu i NOTKS TO LOUD MANSFIKLD B JCDGMEXT. 89 Scotjaud tlmiP years nfUn- .Tainon VI. of thnt country lioramo .Iiiiiios I. of Kiipland, "an.l the qufstioii at issnu in tlio caso was whether, liaviiif,' been born after the union of the C^rowns, ho was an alien in England, as lio undoubteilly wonlil havo bei'n if lie liad been born before it. Lord C'lianeellor Kllesinere and twelve out of fourteen .ruiK'efi deeideil tliat 'alvin was not an alien, anil lord Coke in hisjiirl^;- nii'iit. in the course of a discussion of the nature of alieniiLre, uttered the diclum quoted by r,ord MaiistleM resiiectini,' the Ie^,'islative authority of the Kinc; over couiiiiercil countries, Atascu-est ingeniously contends that Loril Coko's dietuui iiiiilu's against, rather than for ri more so because Lord Manst'ield in Pnrliamiuit, as well as on the Bench, was a thorouj,di-f,'oint; asserter of royal prcroiiiitive and of imperial sovereignty over tlu! colonies. See his speceli. iiuulo in t!:i_ H-.use of Lords on the :5nl of February. Ism;, on tlitr adopti(3n of the iiiotioa dc'lariiiL,' the riu'lit of (iroat Britain to tax her .\mericaii colonies. ft 00 THE QUEBEC ACT. THE QUEBEC ACT, 1774, AND SUPPLEMEN- TARY ACTS. An Act, for iiialii)i;f vun-c ejintiuil jirdiisinii fnr tin' < idrminirnt nf the Provinve of Qtirhrr in X-ntli Anuiini. I'reamblo. Wiikrkas liis Majesty, by liis Royal Proclaiimtion, hi-aring (late the seventh day of October, in tlie tliinl year of liis reij^ii, tlioiij^ht fit to declare the provisions which had been made in respect to certain countries, territories, and islands in America, ceded to his Majesty by the definitive treatv- of peace, concluded at Paris on tlie tentli day of l'"ebruary,(jne thousand seven hun'^red and sixty three; and whereas by the arranf^ements made by the said Koyal rroclannition, a very hn-'^e extent of country, within which tliere were several colonies and settlements of the subjects of France,^ who claimed to remain therein under the faitii of the said treaty, was left without any provision bein^ nuulo for the administration of civil f^overnment therein ; anil certain parts of the territory of (Canada, where sedentary fisheries liad been established and carried on by the subjects of France, inhabitants of the said Province of Canada, under f^rantsand concessions from the (iovernment thereof, were annexed to the Government of Newfoundland, and thereby subjected to refjulations inconsistent witii the nature of such fisheries. IMay it therefore please your Most Excellent INIajesty that it may be enacted, and be it enacted by the Kinj,''8 Most ]"]xcellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament absembled, and by the The territories, authority of the same: That all the territories, islands, and coimtrios'iii countries in North America, belonj^'in^' to the Crown of Nortli America, Great Britain, bounded on the south bv a line from the Bay Great IJritaiii, of Chaleurs, alon^ tlie hij^h lands which divide tlie rivers that empty themselves into the River St. Lawrence from those which fall into the sea, to a point in forty-live de}»rees of Northern latitude on the Kastern bank of the River Con- uecticutt, keeping the same latitude directly west throufjli the Lake Champlain until, in the same latitude, it meets the THE QUEBEC ACT. 01 l\iver St. Lawrence; from thence up tlie iMistern bank of tlie said River to the Lake Ontario; thence throufjli the Lake Ontario, and the River commonly called Niagara; and tlioiR'c alonf,' hy tlie Eastern and Kouth-KaHtern bank of ],iikf Jlrie, following,' the said bank until the same shall be iiitti sected by the Northern boundary granted by the charter of tilt! Province of Pennsylvania, in case the same shall be so intersected ; and from thence alouf^ the said Northern and Western boundaries of the said Province until tlie said Western boundary strike the Ohio: Rut in case the said hiUik (if the sail! Lake shall not be found to be so intersected, tlifii followiii},' tlie said bank until it shall arrive at that point of the said bank which shall be nearest to the north- wi'st aiif^le of the said Province of Pennsylvania, and thence i)y 11 rij^lit line to the said northwfst aiij^le of the said I'ro- \iiic'e, and thence along the Western boundary of the said riMvince, until it strike the River Ohio; and along the Dank (if the said River westward to the banks of tlie ^Sfississippi^ and Northward'' to the Southern boundary uf the territory granted to the Merchants Adventurers of England trading to Hudson's Bay ; and also all such territories, islands, and countries, which have since the tentli of Eebruary, one thou- sand seven hundred and sixty-tiiree been made part of the (iovernment of Newfoundland — be, and they are hereby, (luring his Majesty's pleasure, annexed to and made part luid parcel of the I'rovince of Quebec, as created and established by the said Jtoyal Pnjclamation of the seventh of (Jctober, one thousand seven hundred and sixty-three. II. Provided always, that nothing herein contained, rela- tive to the boundary of the Province of Quebec shall in any wise affect the boundaries of any other colony. III. Provided always, and be it enacted, that nothing in this Act shall extend, or be construed to extend, to make Void or to vary or alter any right, title, or possession derived under any grant, conveyance, or otherwise howsoever, of or to any lands within the said Province or the Provinces thereto adjoining ; but that the same shall remain, and be in force, and have effect as if this Act had never been made. IV. And whereas the provisions made by the said Pro- clamation in respect to the civil government of the said Province of Quebec, and the powers and authorities given to the Governor and other civil otticers of the said Province by the grants and commissions issued in consequence .\niicxecl to the rrovince of Quebec. Not to affect tlio bouiularius of any other Colony ; nor to make void (jtlier rit,'hts foniierly h'rauted. Former pro- visions for the Province to be Dull and void after May 1st, 1775. 92 TIIK QT'Er.KC ACT. /• rillllHlilllllts rif Qncln'i' limy pl'Dfcss the Koiiiisli rc- li^^ioii, sulijcct to tlu^ Kind's HlI|ll'lMliarV, MS l)y Act [. KW/..; iiini the ' li'iK> (jli.joy tli"ir llCCllStlllllL'll (lues. Provision iumv bo iiiaiio liy liis Miijosty for the siipixir't ol tile I'rotest.iiit Olei-Ky. No ^10l•fiOll pro- t'essiiiK the Uoiuish re- ligion obli(;o 1 tlicivof, liiivc boon foiiiid upon oxpcricnco to l)o inupplicahle ',o tlio state !Ui(l circuiiisttuiccs of tlio Hiiid I'roviuco, tlic i\iliiil)it;iiits wlit^fuof iiinoiiiiti'il at tliu coiiijiicst to above- Hixty-dvu tlioiisaiid persons ))rf)fessiiit,' tlic relitiioii of tin Cliiircli of Koine, and mjoyinj,' an estahlislied fin'm of c(m- Ktitution and system of laws by wliicli their ))( rsons aii'l property bad l)een protected, j^'overni'd, and ordci-rd fur a lonj,' scries of years from tlic first estabbsliment of tlie said I'rovince of Canada:* be it tlierefore enacted by the Authority aforesaid, tliat the said J'ro<'lama1 ion. so far as the same relates to till' Said i'rovinee oi (,)uebec, and the Com- nussion under tiie authority whereof the (loverntnent of the said Province is at present administei-ed, and all and every the Ordinance and Ordiiumces nuide by the (Governor and {'i>uneil i>r (Jucbei; for the time beinu: relative to the ei\il government lynd administration of justice in the said I'ro- vinei'. and all Cnmmissions to judu'i's and other otiicer'; thereof, be, ainl the same are hereby revoked, annulled, and made void'"' from and after the first day of ^lay, one thousand seven hundred and seventy-five. V. And for the more perfect security and ease of the minds of the inhabitants of the saiil I'rovince it is hereby declared, that his ^lajesty's subjects professing! the reliiiion of the ("hurch of l^mie, of and in the said I'rovince of Quei)ec, may have, hold and enjoy the free exercise of the reli>!ion of the Church of Home, Kultject to tlie Kind's supi'eniacy, declared and established by an Act'' made in the first year of the Heiiin of (^ueen Idi/.abeth over all the Dominions and Countries Nvhich then did, or thereafter should, belonj,' to the Imperial (Jrown of this Realm; anil that the clerj^y" of the said Cluircb may hold, receive, and enjoy their accustomed dues and ri^'hts with respect to such persons only as shall profess the said relif^ioii. VI. Provided, nevertheless, that it shall be hiwful for his iSrajesty, his heirs or successors, to nuike such provision out of the rest of the said accustomed duos and rijihts, for tlie encouragement of the Protestant Keli^jion, and for the maintenance and support of a Protestant cler<,'y^ within the said Province, as lie or they shall from time to time think necessary or expedient. VII. Provided always, and be it enacted, that no person professin<; the relit,'ion of the Church of Rome and residing in the said Province shall be obliijed to take the Oath-* Tin: (JlKlfKC ACT, *J3 riiiuiri'il hv ihi." said statiito ixi^sed in tlu; lirsl viiini('ics mill atliiiiiiit'i what--i)rvi'r. which -^hiill ln' iiueli' U'4iiiii.--t ■ Ins iicrsoii, crown, iiuil diuniiy; anil I will du niyulnmst emU'ii- •viiurto iliscloso aiiil ni.ilce known to his M,ij(.'sty, liis heirs mnl ■ snii.'i'ssors, all tn 'II SI HIS i.ml triiiti irons eon spiracles iinil iit tempts which I shi.'ll know to h linst him oi' nnv of them ; iitnl nil this I ilu swe;ir ivithoiil nny » ;i' Wolll liavt; I neiirred and 1 jeeii liable to for nei leelini; hvAct I. i:ii/. or refiisin-^ to take the otitli reqniri'd by the said statute passed in the first year of the reiuiii of (jtieeii J'llizabeth. N'lII. And be it further einicted by the Atitliority afore- His Ma.jesty'.s 1 .1 i. 11 1 • -vr • 1 • / 1 1- 1-1 -ii • i.1 Caiiiiilian sub- situl, that all ins Alajesty s ( anadnin subjects v.'itlim the j,.,.f(. n-eilLtiotis Province of (.^le bee, the religions orders and communitiis "V'*'''^ ''V'^.U''' '- eili mnv hold only excepted,' 'Muay also hold and enjoy their i)ri)perty all tlu'ii'pusscs- and possessions, together with all customs and iisaoes hWaaitersor relative tliereto, and all otliers their civil rii,'hts, in as lar^e, controversy ani|)le, and beneficial manner as if the said Proclamation, had to the (-'omuiissions, Ordinances, and other Acts aiul Instrttments „';|., f.'l'iV^"" had not been made, and as may consist with their alli'i;iance elsioii. to his >[ajesty, and subjection to the Crown and Parliament of (ireat Britain ; and that in all matters of controversy relative to property and civil riohts, resort shall bo liad to the laws of Canada'' as the rule for the decision of the same; and all causes that shall hereafter be instituted in any of the courts of justice, to be appointed within and for the said Province by his ^Majesty, his heirs and sneeessors, shall with respect to such property and rif^lits be determined aijreeably to the said hxws and customs of (Canada, until they shall be varied or altered by any Ordinance that shall from time to time be passed in the said Province by the 94 THK QIEIJEC ACT. Not to rxti'iid to tlilllls ^I'liiittMl by lli« Maji'sty in toimiioii Hoc- Owners rif f,'i)i"ls may iilii'iiatt' tilt' tiiiiiic by will, VU\. ifcxfciitt'd acfonlinL; to tlui Laws ipf Ciiiiaila. t'liiiiinal litiw of lOiiMliiiiil to lie Liintimu'd ill the rroviufo. His Majesty may appoint a Couucil for Governor, Lieutenant-Governor, or Coinniaiuler-in-Chief for the tinif bi'iii>4, l)y luid witli tln^ lulvice and consent of tlie Le^•isialivL• Council of tlie same, to be uppointed in nianncr hereinafter mentioned. IX. i'rovideil always, that nothin;^ in tliis Act contained shall extend, or bo construed to extend, to any lands that have lu'en i^'ranted by his ]\Iajesty, or sluiU hereafter be granted by iiis IVIajcstv, his heirs and successors, to be holden in free and common socca<4e.' ' X. Provided also, tliat it sluill and may be lawful to and for cvfry person tlnit is owner of any lands, ^'oods or credits in tlie said I'roviiice, and tliat has a ri^jht to alienate tlie said lands, floods or credits in his or lier lifetime, l)y deed of sale, },'ift, or otlierwisc, to devise or betiueath the same at iiis or her death, by his or her last will anil testament ; any law. usa^'e, or custom heretofore or now iirevailiii;^ in the rroviiu'cto tiiecDuirary hereof in anywise notwithstanding^; such will beiiij,' executed either according to the Laws of (,"aiiada,or accordin^^ to the forms prescribed by the Laws of ICn^'land. XI. And whereas the certainty and lenity of the Criminal Law of i'lii-^land, and the benetits and ad' aiitaj^es resulting from the use of it, have been sensibly felt by the inhabitants from an experience of more than nine years, during; whicli it has bc( ii uuifonnly administered ; be it therefore further enacted by tlie Aiitiiority aforesaid, that tlie same shall con- tinue to be administered, and shall be observeil us law in the Province of Quebec, as well in the description and cpiality of the offence as in the method of prosecution ami trial, and the punisliments and forfeitures thereby intlicted, to the exclusion of every other riilc! of criminal law or mode of proceedin}^ thereon, which did or mi-^ht prevail in the said Irovince before the year of our Lord one thousand seven hundred and sixty-four; everythin}^ in this Act to the con- trary thereof in any respect notwithstanding' ; subject never- theless to such alterations and amendments^'* as the Governor, Lieutenant-Goveinor, or Commander-in-Chief for the time beiii;,', by and with the advice and consent of the Lej^islative Council of the said Province, hereafter to be appointed, shall from time to time cause to be made therein, in manner hereinafter directed. XIL And whereas it may be necessary to ordain many regulations for the future welfare and good government of TIIK Ql'KHKC ACT. 95 till' Province of Qiubec, the occtiHioiiH of which ciinnot now '•><• nlfnirsof Ik- foreseen, nor witliout mncli dehiy and inconvenience be jirovided for, witliont intrusting,' thiit authority for a certain tiiiu' and under proper restrictions to persons resident tlicre : and wlii'reas it is at present inexpedient to call an Asseinhly.'* he it therefore enacted l)y tiu' Autliority afore- ■••I'll, that it shall and may l)e lawful for his INF.ijesty, his lieirs and suc(!essors, by warrant under his or their sij^net or si^'M nianinil, and with the advice of the I'rivy ("oiincil, ti) constitute and ai)point a ('onncil for tiie atfairs of the Province of (^)nehi'(', to consist of such persons ri'sidcnt tlierc, not exceeding,' twenty-three nor less than seventeen, as iiis Majesty, his heirs and successors shall he phased to ;qi|ioint; and, upon the death, removal, or absence of any of the members of the said Council, in like nninner to consti- tute and appoint such and s(j nnmy other person or persons as shall be necessary to supply liie vacancy or vacancies; wliicli Council so apjiointed and nominated, or the major Whicli Council part thereof, shall luive power and authority to make ( )rdin- (",'Ii^i,',a'nees ances for the peace, welfare, and ^ood government of the \^'"' coiiseiit said I'rovmce, with tiie consent of Ins .Alajesty s uovernor, nor. (jr. in his absence, of the Lieuteuant-Ciovernor or ('oni- niunder-in-Chief for the time Ijein^^. XIII. I'rovided always that nothiui^ in this Act contained Tlie Council 1 n . 1 ... »i •" ii • 1 T ■ 1 1- are not ini- shtili extend to authorize or impower tiie said l^e<;islative .,,,^^.,,,.^.,1 {Qj^y Cotuicil to lay any taxes or duties within the said Province, taxes. publi(! , ■ 1 • 1 , • , roads or build- siKJi rates and taxes only excepted as the inhabitants of ings excepted. any town or district within the said I'rovince may be iiuthori/ed by the said Council to assess, lew, and api)ly, within the said town or district, for the purpose of inakintj roads, erecting' and repairing' public buiidimis, or for any other i)nri)ose respectin;.; the local convenience and o'conomy of such town or district. i" Xl\'. I'rovided also, and be it enacted by tiie Autliority Ordinancos aforesaid, that every Ordinance so to be made shall within jj^j'j *i'n,'f,,^".'j^jg, six months be transmitted bv the Governor, or in his Majosty for aljseiice by the Lieuteiiant-Ctoveriun', ( r C omniHiiiler-in- batioii. Ciiief fur the time bein^, and laid before liis ^Majesty for his Uovi.l Approbation ; and if his Majesty shall think fit to disallow thereof, the same shall cease and be void from the time that his Majesty's order-in-council thereupon shall be promulgated at Quebec. 96 THE QUEBEC ACT. Ovdiiiaiices toncliiiiK ro- lit,'iiiii not lo he ill rmcc ■willioiit His Miijt'sty's a.l)- liri"lii\tioii. Wlicii Or.li- iiaiici'" live to iii' jiii'^scil Ijy n Diajurity. XV. Provided also iluit no Ordinance touchin<4 rcii;,'ion. f)r by wliich any punisliment may be inllicted f^reater tlian fine or ini]n'isonment for tbrce mouths, shall be of any n)rce or effect, nntil the same shall liave recei\ed his IMajesty's approbation. XVI. I'lvnided also that no Oi'dinance shall be ixissed at any meetini,' of the (.'ouncil wiiere less than ii nnijui-ity of the wliole Council is ])i('sint, or at any time excein between the iirst day of ,7 umary and tlie first day of May, tuiless np(>n some nrtjent or'casion, in which ease every member thereof resident at Qneljcc, or within lifty miles thereof, shall be personally summoned by the Governor, or in his aljsence by the Lieiitenant-Clovernor, or (Commander-in- Chief for tlie time bein:^, to attend tlie same. Nothinsto XVII. And be it fnrthtr enacted by the Authority afore- jesUMo const i"- '^'^'''' ^''''•^ uothin.s,' herein cc;itained shall extend, or be con- tute Conr;s ot strn'Hl to extend, to i)revent or iiinder his JMaiesty, his heirs Criiniiuil, Civil. , , \ , . , , , and llcclcsiiis- and successors, by Ins or tlair letters patent imder the tiou ''"'''■"'^''■" C.reat Heal ( f (Ireat iJritain. from erectinji, constitulni;,' and appointing; such ("oiirts of Criminal, Civil, and Ecclesi- astical jiu'isdiction within and for the said Province of Quebec, and aiipointin;.; fi'om time to time tiie jnd^'es and oflicers thereof, as his Majesty, his heirs and successors, shall think necessary and [iro[ifr for the lircumsliinccs of the said I'rovince. .Ml Acts for- nurlx' niiiiii' are li(>reli.\ in- I'oi'tTil wiiliiii tliel'roviuci. XVIII. I'ruvided always, and it is hereby enacted, that nothiiij,' in this Act contained shall extend, or be construed to exti nd. to rejieal or make \oid within the said Pro\iiici' o (^Uubec any Act or Acts of tlie Parliament of Creat Britain lieretofore nn\de for prohibitin<,'. restrainiii;^, or icvulatin^' the trade or commerce of his ^Majesty's Colonies and Phuitalions in Aniir'ca ; lull that all and escry the .-aid Acts, and also all Acts of Parliament heretofore niiide concerning' or respecting' the said Colonies and Plan- tations, shall be, aiul are hereby declariil to In in force within the said Province of Quebec, and every pai ^ thereof. ' " THE QUEBEC REVENUE ACT. y? The Quebec Revenue Act, 1774- III Art'' tn rsfiililisli (I I'liinl tninirils nni/iif (lii'riiiji)iii titr ilianji's III' till' .liliiiiiiistriitl'ni III' .1 ii^liri'. mill sii/iiiiirt "/' t/ir Civil (Jur- innihut iril/n'ii tin I'rnri iirr nj' (jHihcc in Aiiiirirn. at lie >re iii- ^\'lll■)•p■ls c't-Ttain ilntics'' werf imposed by tlic iiiilliorit\" of his Most, C!ln'i--t!;ui ^lajc-ty ii])oii \>.-iiie. rum. hraiidy, (■in lie ric ilr liijiiiiir, iin[)ort(;(l iiitd tlie I'roviiicc of Caiiiida, now ciilU'il tlie Province of (^)uel)( c, and also a duty of tliroe l-':nn<\-^ jH'r cciitiiiii ml rulnrciii u]H>n all dry iioods im^iorti'd into and exported from the i^aid rrovincc, wliicli duties snb- sisti-d at tlie time of tlie surrender of the said Province to Viiiu' I\rajostv's torce^= in the late war: And whereas it is Pr(;Hiil)!o. fcrtniii duties iiiilKisi'il hy liis most Chris- tian Miijt'siy iMHin ruin, liriniil\-. (^tc. iiii|ii)rtc(l into liuebec. .Npidicnt Oiat till.' said duties should cea- and be diseon- tiuacd, and that in lieu and instead thereof other iliities -limi'd be raised by the authority of Parliament for niakini^ a mole adequate provision for defraying; the charf^'e of the H'Muinislration of justice and the support of cis'il (Sovern- iiunt in the said Pro\ince: We, jou*' ^lajesty's most lUitifiil and loyal subjects, tiio ('oinmons of Great Pritain ill ravliament assembh d, do most luwiihly besi^cch your Majesty that it nuiv be enacted, and be it enacted by the Knit's most J'jXcellent iMajesty, by and with the ad\ ice and consent of the Lords H))iritual and 'J'emporal tmd Conimons, in this present Parlia im, iit s'ssr-nibled, and by the authority of the same: That from and after the fifth day of .\pril, .M'tor .\pril .'i, one thousand, seven hundred, and seventy-tive, all the iiities which were impo.sed upon rum, brandy, ruii itr c.V ili- i/y/fcK/', within the saitl rro\ince, and also of three [)onnds yr rriilidii ml rnlnrcni on dried good.s imjiuiled into or i..\]i()rted from the said Province under the authority of his ' i-t Christian ^Majesty, shall be and are lieixb\- discoii- liuiiod ; and that in lieu and instiiid thereof there shall tioin and after the said lifth day of April, one thousand - \i u hundred and seventy-five be raised, levied, collected, :uil paiil unto his IMajesty, his heirs and successors, for I TV-"), to lie dis- C'liitimu!.! wiiliiu tlie Pro- vince, anil iiisteail of w liii'li till' tol- liiwiiii.; iliUies to 111' pi ill tu His .Majesty. 98 THE QUEBEC REVENUE ACT. and upon the respective f,'ood8 hereinafter mentioiioil, which shall be imported or bron<,'ht into any part of tlie said I'rovince, over and above all other duties now payable in the said Province, by any Act or Acts of Parliament, the several rates and duties following : that is to say, The rates, ^'"'^^' cvtiry Kti'lon of brandy, or other si)irits, of tlie manufacture of (iroat Britain, threc-iieiice. For (ivory gallon of riini, or other spirits, which sliall bo iiiiiiortcil or brought from any of liis Majesty's sugar colonies in tlic West Indies, six-pence. For every fjaUon of rum, or otlier spirits wliich slmll bo im- ported or brouKlit from any otlier of liis Majesty's colonies or dominions in America, nine-pence. li' For every gallon of foreign brandy, or other spirits of foreign nianufacture imported or brought from (Jreat Britain, one shilling. For every gallon of rum or spirits of the produce or nmmifnc- ture of any of the Colonies or Plantations in America, not in the possession or under the dominion of his Majesty imported from any other place except Great Hritain, one shilling. For every gallon of molasses and syrups which shall be ini- liorted or brought into the said Province in ships or vessels be- longing to his Majesty's subjects in Great Pritain or Ii-eland, or to his JIajesty's subjects in the said Province, three-ponce. For every gallon of molasses and syrups, which shall bo imported or brought into tlio said Province in any other ships or vessels ill which the same may be legally imiiorted, six-pence; and after those rates for any greater or less quantity of such goods respec- tively. Rates deemed II. And it is hereby further enacted by the authority of'^Grelt""""* aforesaid, that the said rates and duties charged by this Britain ; Act shall be deemed, and are hereby declared, to be sterlins,' money of Great Britain, and shall be collected, recovered, and paid, to the amount of the value of'-" which such nominal sums bear in (Ireat Britain; and that sucli monies may be received and taken accordinj^ to the pro- portion aiul value of tive shillings and sixpence the ounce in silver ; and that tlie said duties hereinbefore granted shall be raised, levied, collected, paid, and recovered, in tlie same manner ami form, and by such rules, ways, and means, and under such penalties and forfeitures, except in such cases where any alteration is made by this Act, as any other duties payable to his Majesty upon goods imported into any British Colony or Plantation in America are or shall be raised, levied, collected, paid, and recovered, by any Act or Acts of Parliament, as fully and effectually, to all intents and purposes, as if the several clauses, How they are to bo levied, etc. THE QUEnEC REVENUE ACT. 99 iifiwiTs. directions, penalties, and forfeitures relatin},' tliere- n, were particiilarlv repeated and ai^ain enacted in the b.jdv of tliis i)resent Act : and that all the monies that shall arise by the said duties (exci'pt the necessary charges of niisini,', collecting,', levyinji, recoverini;. answering', payiui^, and ,tc('oniitin.L; for the same), shall he paid by the Col- kcl'ir of ins Majesty's Customs, into the hands of his Miijesty's Keceiver-Oeneral in the said Province for the time lieiiii,'. and shall he applied in the first place in making' a more certain and tidecpiate provision towards defravinj^ the expences of the administration of justice and of the siijiport of Civil (iovernment in tiie said I'rovince; and t!i!it the Lord Hiu'li Treasurer, or Commissioners of his Mitjesty's Treasury, or any three or more of them for the time beinj,', shall he, and is, or ai'e hereby impowered, from time to time, by any warrant oi' warrants undi'i' his or tlnii' hand or hands, to cause such money to be apjilied (lilt "f the said proiliice of the saiil duties, towards defray- ing! the said expences ; and tliat the residue of the said iliities sliall remain and be reserveil in the hands of the s:iid Hect'iNer-Ceneral, for the future di'-position of i'arlia- inrnt." ' 111. And it is hereby further eiuicteil by tlie authority iifiivcsaid that if any ^oods c!iarL;eal)le with any of the said duties hereind)efore mentioned shall be brouijht into the said Province by land carri!iither place whatsoever, the said floods shall he forfeited ; ftiid every person wiio shall be assisting,', or otherwise concerned in the bringing' or removing such goods, or to wiiose hands the same shall come, knowing that Ihey were brir,i:,'lit or removed contrary to this Act, shall forfeit H.C.C. — 7 to wlioni they are to bo paid. mid liow to be applied. I!e;,'ulatioiis with respect to l^'ooils hroiij^lit iiUt) tlie I'lo- viuce cliur>,'e- abli' with the duties before moutiijiiL'd. 100 THE QUEBEC ACT, M il Penalties and forfeitures when to be prosecuted for, etc. Any jierson keeping a house of pub- lic oiitortaiu- inent to pay £1 168 for a license. Penalty of i'lO for every offence. treble the value of such goods, to be estimated and com- puted accordiuf^ to the best price that each respective commodity hears in the Town of Quebec, at the time such offence shall bo committed ; and all the horses, cattle, boats, vessels, and otlier carriaj.;es whatsoever, made use of in the i-emoval, carria^'e, or conveyance of such <,'oo(ls, shall also be forfeited anil lost, and shall and may hv. seized by any officer of his Majesty's Customs, and ])ro- secuted as hereinafter mentioned. IV. And it is hereby further enacted by the authority aforesaid, that the said penalties and forfeitures by this Act inflicted, shall be sued for and prosecuted in any Court of Admiralty, or Vice- Admiralty,'-"- having jurisdic- tion within the said Province, and the same shall and may be recovered and divided in the same maimer and foini. jtinl by the same rules and regulations in all respects as other penalties and forfeitures for offences against the laws relating to the customs and trade of his Majesty's Colonies in America shall or may, by any Act or Acts of Tarliameut be sued for, prosecuted, recovered, and divided. V. And be it further enacted by the authority aforesaid, that there shall from and after the fifth day of April, one thousand seven hundred and seventy-five, be raised, levied, collected and paid unto his Majesty's Receiver-General of the said Province for the use of his Majesty, his heirs and successors, a duty of one pound sixteen shillings, sterling money of Great Britain, for every licence that shall be granted by the Governor, Lieutenant-Governor, or Com- mander in Chief of the said Province to any person or per- sons for keeping a house or any other place of publick entertainment, or for the retailing wine, brandy, rum, or any other spirituous liquors within the said Province ; and any person keeping any such house or place of entertain- ment, or retailing any such liquors without such licence shall forfeit and pay the sum of ten pounds for every such offence, upon conviction thereof ; one moiety to sucii person as shall inform or prosecute for the same, and the other moiety shall be paid into the hands of the Receiver- General of the Province for the use of his Majesty. Not to mnke VI. Provided always that nothing herein contained sliall rcvi'iuics, etc., extend or be construed to extend to discontinue; determine, reserved at tlie gr make void any part of the teiTitorial''" or casual revenues, oomiuest. •' '■ AND SUPPLEMENTARY ACTS. 101 fines, rents, or profits whatsoever, wliich were reserved to, and beloiij^ed to his Most Christian Majesty, before and at tlie time of the conquest and surrender thereof to his Majesty, tlie Kint; of Great Britain ; but that the same and every one of theui, .ihall remain and be continued to be levied, collected, and i^iid in tlie same manner as if this Act had never been made ; anytliin;^ therein contained to the con- trary notwithstanding^. VII. And be it further enacted hv the authoritv aforesaid, I" ^"i'"^ , ., ■ , 11 , ' 1 ' ■ I'liiuyiit i>ursu- that if any action or suit shall be coiniiienced a^^aiiist any ant to tlu^ .\ct, person or pcr.sons for anything,' done in pursuance of this Act, and if it shall appear to the Court or jud.t;e where or before whom the same shall be tried, that such action or suit is brouf^ht for anythinj^ that was done in pursuance of, and by the authority of this Act, the de' 'ant or defendants shall be indemnified and aciiuitted for the same ; and if such di'feiicliintsto defendant or defendants shall be so acquitted; or if the ' plaintiff sluill discontinue such action or suit, such Court or judj:{e simll award to tlie defendant or defendants treble costs. co:;ts. 102 THK QUEBEC ACT, The Quebec Revenue Act, 1775. An Aet'^/or atncndimi and I'.rphtinini/ an Act,-'' jxt.ssrd in thi' J'our- teenth i/i'dr of liin Mnjesti/H n'iijn, intitidrd ''An Act tn :>itiddish II Fund toinirds fnrt/ii'r dcliunjinii tin' c/itiiyis of' tlic Adtnini.i- trution of Jiistici' find supjtort of t/w Ciril (iorcrntitint iclthin till' Prorinci' of (Jiirlicc, in Anicricd." Preamble. Clause in Act 14 Geo. III., recited. Whereas by an Act passed in tlie fourteentli year of his Majesty's roij^ii (intituled, " An Act to establish a fund towards further defrayiii}4 the charj^es of the administration of justice and support of the Civil Government within the Province of Quebec in America "), it is amon{«Ht other tilings enacted, that if any goods, chargeable with any of the duties in the said Act mentioned, shall he brought into the said Province by land carriage, the same shall pass and be carried through the Port of Kaint John's, near the River Borrel ; or if such goods shall be brought into the said Province by any inland navigation other than that upon the River Haint Lawrence, the same shall pass and be carried upon the said River SoirRl by the said port, and shall be there entered with, and the said r;'spective rates and duties paid for the same to, such officer or officers of his Majesty's customs as shall there be appointed for that purpose ; and if any such goods, coming by land carriage or inland navigation, as aforesaid, shall i)ass by or beyond the said place before named, without entry or payment of the said rates and duties, or shall be brought into any part of the said Province by or through any other place whatsoever, the said goods shall be forfeited;, and every person who shall be assisting, or otherwise con- cerned in the bringing or removing such goods, or to whose hands the same shall come, knowing that they were brought or removed contrary to this Act, shall forfeit treble the value of such goods ; to be estimated and computed accord- ing to the best price that each respective conmiodity bears in the town of Quebec at the time such offence shall be com- mitted ; and all the horses, cattle, boats, vessels, and other carriages whatsoever, made use oi in the removal, car- AND SUPPLEMENTARY ACTS. 103 ria<4e, or conveyance of such goods, shall be forfeited and lost, and shall and imiy be seized by any officer of his Majesty's Customs, and prosecuted as thei'einafter men- tioned : And whereas there is reason to ai)prchend tliat the re^'uhitions and restrictions contained in the said herein- before recited clause, so far as they relate to the bringing of rum, brandy, or otlier spirits into the Province of Quebec by land carriage, nuiy, witliout further explanation, operate to tlie prejudice and disadvantage of the commerce carried on witli tlie Indians'-'' in tlie upper or interior pai't« of tiiesuid Province: We, your Majesty's most dutiful and loyal sub- jects, the Connnons of Great Britain in Parliament assembled, do most inunbly beseech your Majesty tlu\t it may be enacted ; and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of tlie J.ords Spiritiuil and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 'J hat it shall and may be lawful to and for all his Majesty's subjects freely to bring, carry or convey, by land carriage or inland navigation, into any ports of the Province of Quebec,-" not heretofore comprehended within the limits thereof by his Majesty's Royal Proclamation of the seventh of October, one thousand seven hundred and sixty-three, any quantity of rum, brandy, or other spirits, anything contained in the before-recited Act of Parliament to the contrary tliereof in any wise notwithstanding. His Majesty's subjects may In-iiif,', Ijy laud or inliincl navi- gation, into Huy ports of Quel)oc not heretofore coiiinrehenrted in tlie Koyal Proclamation of Oct. 7, 17(53, any quantity of i'lun, brandy, etc. 104 THE QUEBEC ACT, The Colonial Tax Repeal Act, 1778. An Act'^ for iriiKiriuif all (hnthtK ond (ijijurJmisinux concvrninij ta.v- iit'mn hij titi' I'drliduii'iit of (ircdt Ilritai)! itt (Dh/ of tlic Colonies, Provincis, (Old Vhtutdtions in Xortli Aiiii'rini und tlir Wr.^t Indies: and for rcjtralinii so ninrli of an Ait, made iti tlu' srnnlh ijcar of t/ir rrifpt of his present M((jestif, as inijinsis a diitif o)i tin imported from (ireat Britain into an;/ CidiDuj or I'lantatioii in America, ar relates thereto. rreiunblc. Wlierciis taxation by the Parliament of CIroat Britaiii, for the puri)o.-ie of raisins^ a reveinio in his Majesty's Coh)nios, Provinces, and Plantations in North America,''* has been found by experience to occasion ^reat unc^asiness and dis- orders amonj^ his Majesty's faithful subjects, who may nevertlieless be disposed to acknowledtje the justice of con- tributing to the common defence of the Phiipi: e, provided such contribution should be raised undt'r the authority of the General Court,'"' or General Assembly, of each respec- tive Colony, Province, or Plantation : And whereas, in order as well to remove the said uneasiness, and to quiet the minds of his ^Majesty's subjects who may be disposed to return to their allegiance, as to restore the i)eace and welfare of all his Majesty's Dominions, it is expedient to declare that the King and Parliament of Great Britain will"* not impose any duty, tax, or assessment, for the purpose of raising a revenue in any of the Colonies, Provinces,or Plantations : May it please your Majesty that it may be declared and enacted, and it is hereby declared and enacted by tlio King's ^Nlost Excellent Majesty, by and with the advice and consent of kiii« and Par- the Lords Spiritual and Temporal, and Commons, in this liaiiiont of T ,■ i , T T , , , • !■ 1 (jrcftt Uritain present Parliament assembled, and by the authority of tiie ColmiLs^in '" s^'"«' *''"■* ^'■"'" "-"^^ '^^*^i' ^^'® passing of this Act the King Nortli America and Parliament of Great Britain will not impose anv duty, or tlio West . ^ i , ,, . ,-,■ tr" ■ ^ \ Indies ; axcept, tax, or assessment whatever, payable in any of his Majesty s ^"^- Colonies, Provinces, and Plantations in North America or the West Indies ; except only such duties as it may be expedient to impose for the regulation of commerce ; the net No tax to 1)0 lu'ieiittor im posed l)y tlio AND SUPPLEMENTARY ACTS. 105 proiliicc of such duties to be always paid and applied to and for the use of the Colony, Province, or Plantation, in which tilt siinie shall be respectively levied, in such manner as otlicr duties collected by the authority of tiie respective Gen- (.nil Courts, or General Assemblies, of such Colonies, Pro- vinces, or Plantations, are ordinarily paid and applied. If. And bo it further enacted by the authority aforesaid, So much of an , ^ , 1 », i.1 • , f ii • » i " 1 « Act. 7 Geo. III., tliiU from and after the passing of tins Act. so mucli of an ^j, jniposcsa Act Mnade in tlie seventh year of his present Majesty's '^^tyontoa im- - . ■■ . . . " ported from n-iu'u, intituled " An Act for j,'runtin<,' certain duties in the (ireat Britain I'.ritisli Colonies and I'lantations in America; for allowing' l.^pg^Vg,',';"''* a drawback of tlie duties of Customs upon the exi)ortation from tliis kiiiu'dom of coffee and cocoanuts of the pro luce of the said Colonies or Plantations ; for discontinuinf^the draw- liiicks payable on < 'liina earthenware exporte''i''iui?l Canada-'* respectivelv, by any Acts to be bv them from ''"^^'''■'''i"itla time to time passed and assented to by his Majesty, his i)riatt! eertiiiii heirs, and successors, or on his or their behalf, to appro- ,\t\rs'sh!ilV"'"^ priate''' in such manner, and to such purposes as to them ^*"'"i '"eet to respectively shall seem meet, all the monies that shall here- after arise by, or be produced from the said duties, except so much of such monies as shall be necessarily defrayed for the charges of raising, collecting, levying, recovering, answering, paying, and accounting for the same. lOS THE QUKHIOC ACT, N(JTEH TO TIIH QUEBEC ACT. 1774, AND HUri'LEMENTAUY ACTS. ' Tliis Act is 14 Gen. III.. Cnp. Kt, The text is rojiriiitod fiMiu tlic Iiiiiicriiil " Stntiitcs lit I.tiv^'c," lidiicldii. ITVii. Tlio liost lU'couiit of tlic |ii'uci'ciliii;,'s coiiiu'cti'if witli its iirot-rcss tlir(iu;,'li tlio Uritisli I'lirliuiiiont is Kivcn iii Sir Hi'iiry ('iivt'iidislis •' Dfliiiti'S (111 tiio Caiiailii Mill in !77l," LoihIdu. IK!'.). For tniiiiy iiiti'i-cstini,' ilocu- iiit'Uts rcliitiiif; tn tlu' state iif alTiiirs ill Qiiclici; Noc MnsiTi's' ■' VciDimt of the I'l'"- iriMliir,'s(if tlic Brit is] I mid (itluT I'lotistiuit Iiilialiitiuitsof tlu' I'lux iiuc of (Juubfck III North Aiiicrifii, in or Icr to obtain an House of Ass('iiilil\ in that i'l'Dviiice." atiii also his '■ Aililftioiiiil I'lijiei-s C^oiieerni'iK the I'roviiico of (Jiieheck." In his " ('nii:i iliaii Kreeholili^r " he ilisciisses fu'ly the iiolicy wliirh iiromiileil the inissinu of tlif Art. 'I"he author h;iil been Attoiue\ (;eni'r;il of tjilebce fnilii IT'ili to 177-J. See also (riirne I : " History of Ciiiala " ItooU XI, ('aji. I. - Some rei^'ion lietweeii Luke Ilrie and the Ohio liiver as far wes^ as tlie ?iiississiii|)i, over the territory lietween Lake .Miehi^;,Mi luiil the Mississippi, and over the district tributary to the Itecl River and Luke Winnipeg. How imieli of all this vast area was iiiehided in tlio Montreal Ciipitulatioii eaiiiint now he ascertained, for the Manpiis do \'audreuil. in a letter written in 17iil. ;ent in their reipicsts for soino regular form of i^'oveninieiit. 3 This word played a verv important jvirL in the controversies which took [ilace between 1M)7 nnd Ish'.i, aliout tlie western limit of the I'roviiice of Oiitiirio. If taken to mean "duo north" that limit would have been platted as fur castas Thunder Hay. Taking it to mean " in a northerly diroction "—('.('., aloiij,' the Mississippi towards its source— the .Iiidiciil Committee of the I'rivy Council in Issl placed the limit at the " Northwest Ant,do " on the Laiie of the Woods, and tills finding' was in IKS'.I conllrmed by .Vet of the Imperial rarliameut. • In a memorial sent to the F.arl of Dartmouth in 17i'4 by a u miberof the Fri'iich inhabitants of Quebec th(» petitioiiors make this statement; "In the yt'ar 17(il, your Majesty deimuid to briiii,' to a close tint military (ioveriimeiit in tliis Province for the purpose of iiitroduciu,' tlio civil j,'overnineiit, and from tlie time of this chan^'e we realise I the incoiiveniiMice which resulted from the Mritish laws, which, until that time, wore totally unknown to us " In the same memorial the popula- tion is estimated to bo upwards of i Hi.OO), and tne British Ciovermiieut is petitioned to nniic.x to tjueboc "all the upiicr districts known under the names of Missili- innckiiiac, Detroit, and other adjacent places as far as the Hiver Mississippi," with a view to the re.-iulation of trade and the collection of debts. ■'■ For copies of some of the commissions to judiics and other ollicers sec Maseres' " I'oUectiou of Commissions." .\s to the ri^ht of Parliament to make void the Uoyal I'roclamation see Lord Alanstield's judf^ment in ViiiiiiilnUw Hull. AND SLPPLEMENTAUY ACTS. l()i> « Tliis Act is 1 Elizalictli, cti\\ 1, and is iMititlfd " An Act to restore to tho Crown the Aiicitiit Jurisdiction ovcir tlio Kstato KcclfsiHHtical and Spiritual, and alidliHli- Ani nil foreign powers repuKinmt to the sanie." Tiie citation Ihti' is from section \>K wiiirli enacts: " tliat no foreign prince, per-^oi;. prelate, state iir potentate, spiritual or temporal, shall at any time, after tlu last day of this sessiini of Parlia- luent. use, enjoy, or exercise any manner of power, jurisdiction, superiority, iiutlinrity, preheminonce or privilege, spirittnil or ecelesiustical, within this realm. or within any other your Majesty's dominions or countries that now he, or hereafter -hail he. hut from thencoforth the same shall ho clearly aholishi'd out of this ifaliii. and all other your Hit,'hnc>ss' dominions forever; any statute, ordinance, .■i-tou), c"nstitutio!is, or any otner matter or cause whatsoever, to tho contrary iirjtwitlistandinn.'' ■ I omparo Article J" of the Capitulation of Montnal. - Comparo tho provisions respecting tho support of a Protestant Clci'fe'y in tiie ('.institutional .\ct, 17'.)1. Tithes were abolished in L'ppcr Caiuula hy Act of the Parliament of that Province I'J (ieo. IV,, cap. :V2i. :< Section h) of the Act of Supremacy 1 1 Kli/,, cap. I) prescril)es tho oath liere referred to, which all "ecclesiastical jiersnns and oflicers" wen? hoinid to take. The text is here K'ivon for convenience of comparison with the one suhstituted for ir :— " I. A. IV. (h> utterly t.-stify and declare in my conscience, that the (^»ueen's Hi'.'linessis the only Supremo (iovcrnor of this real m. and i if all other her llij^hness' •clciininioiis and countries, as well in all spiritual or ecclesiastical things or causes • ns temporal; and that no foreiKu prince, person, pi'ela'.e, state or potentate, hath •■ or ouulit to have any jurisdiction, power, superiority, i)reheminence,orauthority, "ecclesiastical or spiritual within thi-^ realm ; ami thcri'fure I do utterly renounce ■•aiid forsake all foreign jurisdictions, powers, superiorities and authorities, and "do promise Luat from henceforth I shall hear faith and true allegiance to the "Queen's Ilif^hness, her Heirs and lawful successors, and to my power shall assist and defend all jurisdictions, prehominences, privileges and authorities granted or ■ 111 lonuin;,' to the Queen's Highness, .her Heirs and Successors, or tinited and "ainie.\ed to tho Imperial Crown of this realm. So help me God, and hy the •'contents of this Hook." This oath of Supremacy was abolished hy the " rroniissory Oaths .\ct, l.S().S" (HI iV 3;2 Viet. Cap. 7'-'>. 10 Compare Art. 33 of the Montreal Capitulation, and .\rt. 1 of the Treaty of Tiiris, 17l„- 11 The •' benefit of the laws" of KiiKlaud was hy tho Koyal rroclamation of 1763 conferred on the inhabitants of Quebec. .\s to the extent to which Knf.;lish law was by this means introduced, see Note 5 to (iovernor .Murray's Commission. Knf,'!is!i law was reintroduced into Upper Canada in IT'.'ii by the first Parliament 01 that Province i:i;2 (ieo. III., cap. 1). '■'- The land of Canada was ^,'raiited during' the I'^rcnich period on feudal tenures, I"ra ilescription of which set! Parknian's "Old He^'iiiie in Canada." aiirl Kings- forcVs ''History of Canada," Hook III.. ChaptiT 1. I'or some time after the con- Uiiest the Hritish Government contemplated niakiii;,' further !,'rauts on this tenure, and actually instructed Governor Carletou in 1775, and a^ain in K'Sti to do so ; but ultimately this policy was abandoned, and efforts were made to bring about the abolitiiiu of feudal tenures. This was accomplished by Act of the Canadian I'ar!ii;nient in l.s.")l (Its \ict.. cap. 3). Tenure in trei' and common soccage was not elf.'ctually introduced till n.V.t, in spite of the efforts of U. K. Loyalist immi- yrauts. See Houchette's " British Dominions in North America," Vol. I., Chapter 14. li For such "alterations and auiendni. nts" see the ordinances in vol. O. of the "Statutes of Lower Canada. ' 110 THE QUEBEC ACT, i< For an exi)lanation of the allowed iiiospediency of calling an As' ies, as we.l as to tax tliem. The very statute ( 18 (iei)i-ne III., cap. 112), whi' h in 177t< r.nnounced the abandoniiieiit of tlu- hotter claim, reas;ierted the former. 17 The text is reprinted from tlie Imperial "Statutes ut IjRr},'e," London, i;:.;. The statute is 11 (ieorgo III., cap. sw. ■ •^ The date of the imposition of these duties could not be defhiitely ascertiiiiuil after the cession of C.inada to (ireat liritain, iis appears from an account ^.'ivimi by .Maseres, in his " CJollection of Several Commissions," of two unsucccsslul attempts made by the Hritish (ioverninent to enforce by law the payiiKUii of new duties imposed by (Jovernor Murray. The Freiicli duties were said to liavc been paid for at leist fifty years before the coiujuest. 11' Tliis d^s •riminatioii iii,'aiust trade with the other Hritish Provinces cmiiii not fail to a.4j,'ravato the ill-feeling; already aroused by the Quebec .\ct. 'JO So in the text of the " Statut(!S at LarHo." ■Ji See Act 1 ral Murray to act as Viee-.\dmiral was isMicd ■n the I'.lth of .March, 17(>4. It is given in full in Maseres' " Collection of Several CoininiBsions." '^:i Kefc^rrin.; chiefly to the payments by seigneurs to the Crown under the feudal tenures, but includiiu;also escheats. •Ji Tliis statute is 15 (ieorge 111., cap. ID The text is reprinted from the Inipcn ai ■"Statutes at Large," London, 177ii. 'i'> The .\ct amended and explained is 14 (iourge III., cap. iS,s. The text of it iiuniodiately precedes this .\ct. 'ii' Alcoholic licjuors from a very early jii'riod in tlie history of both the I'rcnili and t '■ Kiiglish colonies, played an important part in the fur trade with the Indiais In Canada there were constant disputes about the matter between the Hishop and the (iovernor. See Kingsford's " History of Canada," Hook II., cliai' 11 ; Hook III , chaps. '> and h; H.iok X , chap. 'J; and other passages. -7 This op.ned up to the liijiior traHic the routes from New York and .Mbany t . the Canadian Northwest and to the upper Mississippi. ■■>f< This Act is l,s (reorgo III., cap. VI. The text is taken from the Lnpurial " Statutes at Large," London, 17S0, It was the outcome of a vain attempt to win back the revolting colonies to their allogianco to (rreat Britain, and. tliou^ili apparently broad enough in its title to include Quebec, it was obviously not in tended to repeal the Quebec Heveiiue .\ct of 1774 (14 George III., cap. Hs, above . •ft' The right of the Imperial Parliament to tax tlio colonies was first practically .assorted liy the passage of the Stamp .\ct in 170.) i.j George III., cap. Pii I'lii- AND SUPPIiEMENTARY ACTS. Ill nn? ri'iiL'ftled tlie followiiif,' yeiuMfi Gooru'u III., cnii. Ili, niid nt tho sniiie time lui Act t:(ieor^o III., caii. l-Ji, was [lassoil (lecliiriiit,' tlia': tlio li>Kislativo aiitliority of (ireat Hritaiu e-xteiidtd to all tliu colonies, in all casts wliatsoever. It was in ti.e iklmti' on this declaratory Act that Lonl Mansfield mado his celebrated sj)eech to jiruvf the '•ri^iht" of Great Britain to tax her colonies, and that William Pitt iiftiiwards Lord Chatham) made liis e of ( ommons by a majority of '210 to 105. - 7 Geors,'e HI., cap. 1(1. ■ Tliis .\ct is 1 iV •! William IV., cap. -Zi. The text is reprinted from the Imperial Stiitntes at liarye,'' Ijondon, Isj'J. It was passed in comidiance with a demand iri'Ui Cpper and lioWer Canada fur the privilet,'i' of controlling the expenditure of tiir;i' nwii revenues. Compare with the pruvisioiis of this .\ct, sections IG and 17 "I tlic Constitutional .\ct, 17111. 1 See tlie Constitutional .\ct 1711! . On the use ma i m Quel)iH', or its Council, or to the major part of them, to make ordinances pealed. ^^^' *'"-' l'<-'ivce, welfare, and f,'oou Ciovernment of the saul Province, with the consent of Ilis ^Majesty's Ctovernor. Lieutenant-Governor, or Comnumder in Chief for the time being, shall be, and the same is hereby repealed. II. And wliereas his ^Majesty has been pleased to sijjnify. by his messat,'e to both IIousi's of Parliament, his Koy^d intLMition to divide his I'rovince of Quel)ec into two sepamlr Provinces, to be called the Province of I'pper Camida and the Province of Lower Canada:'^ Be it enacted by tlu- M'itliiii ciicli of authority aforesaiil, that there shall bo within each of tl'c rrovim'.'sa' "'^''^ Provinces respectively a Lej,'islative Council and au licnisliitivo Assemblv,-' to be severallv composed and constituted in the Ciiuiii'il ami - 1 • i, 1 '•, 1 , I , - , 1 Assembly to manner hereinafter descril)ed ; and that in each of the siiul AND SIPPLKMKNTARY ACTS. 113 Provinces respectively, His Majesty, Ilis Heirs, ami Sac- bo cnnstitiitiMl. 1 11 1 ' 1 ■ i"i ^ /! ii • by whosf ad- cissors, sliall liavo power durm^ tlie continuaiioe of this yj,,,. )|j^ -^[jj. Act, bv and witli the advice and consent of the ]^eiiisl!itivei''^'> 'l'''-^ ^ niiiUt' liiws i(vr Council and Assembly of sueli I'rovinces respectively, to tin- (iciviin make laws for the peace, welfare and good Ciovernnieut ]'>',!, .'('j,',^,,,' "' thereof, such laws not being rcinignant to tiiis Art : and that all such laws, being passed by tlie Legislative Council and Assembly of either of the said l'r(ninces respectively, and assented to by His ^lajestv, His Heii's or Successors, ted by the authority aforesaid. His >bijesiy , ^ ., ,, » i-^ i- " 1 T • 1 i" ,^ -1 iiiav authuii, (! tliat tor the pur^Hise or constituting such Legislative (ouiicil, tlio"(icivL'nior as aforesaid, in each of the said Provinces resiiectivelv, it '?' '''''"'^'"'"'"" ' • {TOVlTlliif lit sliall and may be lawful for his ^lajesty, his heirs, or sue- eacli rro, ince , ' ■ , . II- i.\ ■ ■ 1 i til sminii'iu ocssors, l)y an instrument under Insortlieir si<_'n manual, to ,,„,,||i„,,.^ ^^ autliorize and direct the Governor or Lieutenant-lJovernor, ^'"' Jjet!i>;ativo or person adimiustering the Government, in (sacli of the said Provinces respectively, within the time herein after men- tioned, in His Majesty's name, and by an instrument under the (jreat Seal of such Province, to summon to the said Legislative Council, to be established in each of the said Provinces respectively, a sut'ticient number of discreet and [ii'oper persons, being notfewer tiian seven, to the Legislative Council for the Province of I'pper Canada, and no fewer than fifteen to tlie Legislative Council for the Province of Lower Canada; and that it shall also be lawful for his IMajesty, his heirs or successors, from time to tim.', by an instrument under his or tiieir sign nniiual, to authorize and direct the Governor or Lieutemint- (ioveriior, or person administering the Governnu'iit in each of the said Provinces respectivel>', to sumiimn to the Le^'is- lati\e ('ouncil of sn(.'h Prosinee in like mamu'r such other p.isiins as his ^lajesty, his heirs or successors, shall thiiiK 111 : and that every person who shall be so summoneil to the Legislative Council of either of the said Provinces respec- 114 THE CONSTITUTIONAL ACT fp (^ lively, shall thereby become a member of such Lej^islative Council, to whicli lie shall liave been ho summoned. No person ]V. Provided always, and be it enacted by the anUmrits inider 21 years - • i ii * i n u i i. ^i i • , of ML'o, etc., to aioresaid, tliat no person shall be summoned to tlie litf^isla- besunmioiie.l. tive Council, in either of the said Troviiices. wlio shall unt be of the full aj^e of twenty-one years, and a natiu'al l)orii subject of his Majesty, or a subject of his Majesty natural- (, ized by Act of the British Parliament,^ or a subject of Ins ^Fajesty havinu become such by the con([uest and cession of the Province of (Jainida. Members to liold their seats for Hfe. His Miijosty luiiy liMiiox to liorcilitnry titles of lidiior the riHlit of lieinti Sinn- iiioni'il to till! lii'tiisliitivo Comifil. \'. And i)e it further enacted by the authority aforisaid, that every member of each of the said Legislative Councils shall hold his seat therein for the term of his life, but subject nevertheless to the i)rovisions hereinaftia' contained for vacating the same, in the cases hereinafter specified. VI. .Vnd be it fui'tlur enacted by the authority aforesaid, that whenever his Majesty, his heirs or successors, shall think proper to confer upon any subject of the Ci-own nf (ireat Britain, by letters patent inider the fireat Seal of either of tiie said Provinces, any hereditary title of honor, raidi, or dij^nity of such Province, descendible acciordinj^ to £^^ any course of descent limited in such letters patent, it shiill and may be lawful for his Majesty, his heirs or successors, to annex thereto by the said letters [latent, if his Majisty. ids heirs or successors shall so think tit, an heri'ditary ri^iil of beino summoned tithe Leojslatis'e llouncil of such i'ro- vince, descendible accordin;^ to the course of di^scent so limited with res))ect to such title, ranl\, or dignity ; and tiiat every person on whom such iMLjht shall be so conferred, or to whom such riu'ht shall severally so descend, sluill thereupon be entitled to demand from the (iovernor, Lieutenant Gov- ernor, or person administernif^ the Government of such Pro- vince, his writ of summons to such Lej^islative Council at any time after he shall have attained the a^e of twenty-one years, subject nevertheless to the provision hereinafter con- J) tivined.'* Suoli (lepcen- VII. Provided always, and be it further enacted by the forfeited 'and f^tithority aforesaid, that when and so often as any person to whom such hereditary ri^ht shall lia\e descended shall, y^, without the permission of his Majesty, his heirs or suc- cessors, si>^nified to [the Legislative Council of the Province by th(^ (iovernor. Lieutenant-Governor, or person adminis- teni said tiuii' llie sliall ;lt tl (hltt' iipplv lime any sue olie( siicl iiniiis ri','ht. luiy 1 niaiui tlie s;i or pe vinei;^ vioiis u|)piy toiiciii Counc heirs therec AND SUri'LEMENTAUY ACTS. 115 tcriiiu tlic Government tliero, have been absent from tlie said Province for the sjjacc! of four years c<")ntiniially, at any tiiiie lii'tween the date of liis Hucce(>din^ to such ri^^ht and the time of liis ai)[)lyin<4 for such writ of sunniions, if lie sb;tli liiive lii'en of the age of twenty-one years oi- upwards at tile time of his so succeeding, or at any time between the (late of his attaining the s: id age and the time of his so aiipl\ ing. if he shall not have been of the said a<^'e at the tiiiii' of his so succeeding ; and also when and so often as any such [ti-rson shall, at any time before his applying for ^-Ul■ll writ of summons have taken any oath of allegiance or cilndii'iice to any foreign [irince or [lower, in any such case such prrson sliall not be entitled to rec:eive any writ of sum- mons to the Legislative Council by virtue of such hei'cditary fi'^lit, unless his !\[ajesty, bis heirs or successors, shall at any time think lit. by instrument under his or their sign iiianiial, to direct that such person should be summoned to the said (.'ouneil ; and the (Jovernor, Ijieutenant-dovernor, or person administering the (io\ernment in the said I'ro- viiices respectively, is hereby authorized and required, pre- vious to granting such writ of summons lo any person applying for the same, to interi'ogatesueb person upon oath, touching the said several particulars before such Ilxecutive Council as shall have been appointed by his Majisty, his heirs or successors, within such Province for the affairs thereof, VIII. Provided also, and be it further enacted by the Si ats in Couu- hI hi ISOS. authority aforesaid, that if any member of the Legislative ^.\',.,^',^'j';i''|.'|^'^ '"' Councils oC either of the said Provinces respectively, shall leave such Province, and shall reside out of the same for the space of four years continually, without the permission of his Majesty, his heirs or successors, signified to such liCgis- lative t.^ouucil by the Governor, or riieutenaiit-Governor, or person administering his ^fajesty's Government there, or for the space of two years continually without the liki> pt'rniission, or the permission of the (rovernor, Lieutenant- (iovernor, ov person administering the Government of such Province, signilied to such Legislative (!oimcil in the manner aforesaid; or if any such member shall take any oath of allegiance or obedience to any loreign prince or power, his seat in such Council shall thereby become vacant. I\. Provided also, and be it further enacted by the ll< ivihtai > authority aforesaid, that in every ease where a writ of sum- s!-,t'sVo U r- ii.r.c— 8 r 116 THE CONSTITUTIONAL ACT foitcrt, or vacated, to le- iiiain Kusiioiid- i;(l dui-iiiu the lives of till) parties, but fiii tlieir doatliH to t»o to tllH (lorsoiiH next entitled there- to. mons to s'loh Let^islativo Council slmll have been lawfiillv witliheld from any person to wlioni sucli hereditary rij^lit.as aforesaid, shall have descended, by reason of such absence from the Province as aforesaid, or of liis havinj,' taken an oath of alle^'iance or obedience to any foreij^n prince or power, and also in every case v/here the seat insiicli Council of any member thereof, havinj,' such hereditary rij^ht as aforesaid, sliall have l)een vacated by reason of any of the causes hereinbefore specified, such hereditary ri^ht shall remain suspended duriuj,' the life of such person unless his Majesty, h's heirs or successors, shall afterwards think (it to direct t'lat he be summoned to such Council ; but that on t! o dc! ach pei'son such rl^ht, subject to the provisions herei/; . ■ i)< i, shall descend to the person who shall next be eniiticd thereto, accordinf? to the course of descniit limite>l in the letters patent by which the same shall have been oiisjiiu " coi ' d. Seats in Coun- cil forfeited, and li(!Vedi- tary ri«lits extinf^uislu'il, for treason. Questions ve- sjiectiuj,' tliti n^lit to lie sunnnoned to Couneil, t'lc, to be deter- mined as lierc in nicntioiu'd. X. Provided also, arri be it further enacted by the author- ity aforesaid, that if any member of either of the said Lof^is- lative Councils shall be attainted for treason in any Court of law within any of his Majesty's dominions, his scat in such Council shall thereby become vacant, and any such hereditary ri^^ht as aforesaid then vested in such person, or to be derived to any other person throuj,'h him, shall be utterly forfeited and extinf.;uished. XI. Provided als 1, and be it enacted by the authority aforesaid, that whenever any question shall arise respecting' the ri<»ht of any person to be summoned to either of the said Lej^islative Councils respectively, or respectinj^ the vacancy " of the seat in such Lejiislative Council of any person havinj^ boon summoned thereto, every such (luestion shall by the Governor or Lieutenant Governor of the Province, or by the person administerinf^ the Government there, be referred to such r.e<^islative (Council to be by tiie said Council heo"d and determined ; and that it shall and may be lawful, either for the person desiring such writ of summons, or respecting,' whose seat such (piestion shall have arisen, or for his Majesty's Attorney-General of such Province in his Majesty's name, to appeal from the determination of the said Council in such case to his Majesty in his Parliament of Great Britain: and that the jud^'mont thereon of his Majesty in his said Parliament shall be final and conclusive to all intents and purposes whatever. AND SUPI'LKMENTARY ACTS. 117 lie to ■•>1 ■ll '111 ill XI r. And be it furtlior enacted by tlie iiuthority afore- The Governor said, that the Governor or Lieutenant-Governor of the said 'vince*'niav np- Provinees respectively, or the i)erson administerintj His I'"'"' ami ^ ■' <■ " rpiii()V(( t)i(i Majesty's Government therein respectively, shall have speaker. power and authority from time to time, by an instrument under tlie fjreat Seal of such Province, to constitute, appoint and remove the Speakers of the Let^islative Councils of such Provinces respectively. Xlir. And belt further enacted by the authority afore- His Mnjosty .,.,,/.,, c L-i. L- 14 11 iiiiiv aiith())iz(! said, that for the purpose ot constituting such Assembly as tho'ciovcnior aforesaid in each of the said Provinces resiiecti\(lv. it shall tocall to^otliiT . ' tlio Asseuilily, and may be lawful for his IMajesty, his heirs or successors, by an instrument under his or their sign manual, to author- ize and direct the Governor or Lieutenant-Governor, or person administering the Government in each of the said Provinces respectively, within the time hereinafter men- tioned, and tliereafter from time to time as occasion shall require, in his Majesty's name and by an instrument under the Great Seal of such Province, to summon and call together an sembly in and for such Province. XIV. And be it further enacted by the authority aforesaid, aiul, for tlid that for the purpose of electing the member of such Assem- elcciiuK tin! blies respectively it shall and may be lawful for his Maiestv, !i"eiiibei-s, to his heirs or successors, l)y an instrument under his or their niiUion divid- sign manual, to authorize the Governor or Lieutenant- yj,"(.i, j„t,, dj^. Governor of each of the said Provinces rcspi'ctively, or tin; t>''i:ts. etc. person administering the Government tlurein, within the time hereinafter mentioned, to issue a proclamation'' divid- ing such Province into districts, or counties, or circles, and towns or townships, and appointing the limits thereof, and declaring and appointing the number of representatives to be chosen by each of such districts, or count i(s. or circles, and towns or townships respectively ; and that it shall also be lawful for his Majesty, his heirs or successors, to author- ize such Governor or Lieutenant-Governor, or person administering the (Jovernmenti from time to time to nom- inate and appoint proper persons to execute the oH'ice of returning-ofHiccr in each of the said districts, or counties, or circles, and towns or townships respectively; and that sucii division of the said I'rovinces into districts, or counties, or circles, and towns or townships, and such declaration and appointment of the number of representatives to be • ■liosen by each of the said districts, or counties, or circle^, 118 TIIK CONSTITUTIONAL ACT 7 I'dWrr of tll(! (iiivcrniir to iipimiiit rp- tlll'llill^'OirK'l!l"S tper persons to execute theofticeof retiirninjLl-onicer in the said districts, counties, circles, and towns or townshiiis, shall remain and continue in force in each of the said I'rovinccs resjiectively for the term of two years from and after the commencement of this Act within such Province, and no lom,'er ; but subject nevertheless to be sooner repealed or varied by any Act of the Ijej,'islative Council and Assemlily of the Province, assented to by his Majesty, his heirs or successors. XVI. Provided always, and be it further enacted by the authority aforesaid, that no ])erson shall be oblii^ed to exe- cute the said ol'lice of returnin>,'-ol'ticer for any lon^jcr time than one year, or oftener than once, unless it shall at any time be otherwise jirovided by any Act of the Lej,'islati\e Council and Assembly of the Province, assented to by his IVIajesty, his heirs or successors. XVII. Provided also, and be it enacted by the antliority aforesaid, that the whole number of members to be chosen in the Province of Upper Canada shall not be less than six- teen, and the whole number of members to be chosen in Tiiiwer Canada shall not bi' less tiian fifty. XN'III. And he it further enacted by the authority iifoio- said, that writs" for the election of members to serve in the said Assemblies respectively shall be issued by the (iovernor, liieiitenant-dovernor, or person administering,' his ^Majesty's (iovernment within the said Provinces respectively, within fourteen days after the sealing of such insti'ument as tifore- said for summoning and calling to;,'Lther such Assembly, and that such writs shall be directed to the respective returning- ollicers of the said districts, or counties, or circles, and towns AND SUPPLKMKNTAUY ACTS. Ill) or townships, and that such writs sliaii ho maih' rctiirniibli' witliiii fifty (hiys at fiirtiiest from tlie day on wliich they shall h(!ar date, unless it shall at any linu; l)cM)tlRrwiso |)ro- vided by any Act of the Lej,'isiative (,'oiuicil and Assenihly of the Province, assente(l to hy his Majesty, his heirs or successors ; and that writs shall in like manner and form be issued for the election of members, in the case of any vacancy which shall liapi)en by the death of the person chosen, or by his beiuL! summoned to tiie I-e^^islative Council of either Province, and that such writs shall bo made returnable within lifty dmys at farthest from the day on wi'i(;h they shall bear date, unless it siiall at any time bt; otliorwiso provided by any Act of the Let^islativo Council and Assembly of the Province, assented to by his !Majesty, his heirs oi' successors; and that in the case of any such \acancy which sluill liappen by the deatii of the person chosen, or by reason of his beinj; so summoned asaforestiid, the writ for the election of a new member shall be issued svithin six days after the sajiie shall be made known to the (iioper ot'licer for issuing such writs of election. XIX. And be it further enacted by the authority afore- Ket lu-iiiiit,' olli- said, that all aiul every the retununj.;-oiiicers so appointed \v,Hs, as aforesaid, to whom any such writs as aforesaid shall be directed, shall, and they are hereby authorized aiul required duly to execute such writs. XX. And be it further enacted by the autiiority aforesaid, Hy whum tlie tliat the members tor the several districts, or counties, or t.,, i„. dioseii. circles of the said Provinces respectively shall be chosen by the majority of votes of such persons as sliall sescrally be possessed, for their own use and benefit, of lands or tene. u"" „.i within such district, or county, or circle, as the case shall be, such lands bcinj4 by them held in freehold, or in tief, or in roture, or by certificate derived under the authority of the Governor and (.'(juncil of tlie i'rovince of (Juebec, and bein<,' of the yearly value of forty shillings steilinj^ or up- wards, over and above all rents and char^^'cs i)!iyabl(; out of or in respect of the same ; and that the members for the several towns or townships within the said Provinces respectively shall be chosen by the majority of votes of such persons as either shall be so\erally possessed for their own use and benefit of a dwellnif^ house and lot of j^round in such town or township, such dwelling,' house and lot of (ground beiut^ by thorn held in like manner as aforesaiil, and beinj,' 120 THE CONSTITUTIONAL ACT Certain \>vv- fioiis not I'li- f,'iblo til tlin AsHL'inblifs of the yearly value of five pounds sterling or upwards, or as. liaving been resident within the said town or township for the space of twelve calendar months next before the date of the writ of summons for the election, shall hoiia fide have \nud one year's rent for the dwelling house in which tliey sliall have so resided, at the rate of ten pounds sterling per annum or upwards. XXI. Provideu always, and be it further enacted by the authority aforesaid, that no j)ersonsluill be capable of being elected ,a member to serve in either of the said Assemblies, or of sitting and voting ^therein, wlio shall be a member of ^ either of tiie said Legislative Councils to be established as aforesaid in the said two Provinces, or who shall be a minister of the Church of England, or a minister, priest, ecclesiastic, or teacher, eitlier according to the rites of the Church of Home, or under any other form or profession of ■ '.igious faitii or worship. No iiersoii iiii XXII. Provided also, and be it further enacted by tlie at,'(',"i't"<'., ' authority aforesaid, that no person shall be capable of voting oiiiuiDli'of v'lt-ni; .^,,y election of a member to serve in such Assembly, in ma iir ot bi'iii'^ ^ - , ^ •' elocteil ; either of the said Provinces, or of being elected at any such election who shall not be of the full age of twenty-one years, and a natural born subject of his ^Majesty, or a subject of his Majesty naturalized'' by Act of the British Parliament, or a subject of his I\Iajesty having become such by tlie con- quest and cession of the Province of Canada. nor any person iittiiinted lor treason or felony. XXIII. And be it also enacted by the authority aforesaid, tluit no jjcrson shall be capable of voting at any election of a member to serve in such Assembly in either of the said Provinces, or of being elected at any such election, who shall have been attainted for treason or felony in any Court of law within any of his ^Majesty's dominions, or who siuill be within any description of persons di'-qualified by any Act of the Legislative Council and Assembly of the Province, assented to by his Majesty, his heirs or successors. Voters, it' re- XXIV. Provided also, and be it further enacted by the tVieVoliowiii'' ' fl'iithority aforesaid, that every voter before he is admitted Oath, to give his vote at any such election shall, if required by any of the candidates, or by the returning-officer, take the fol- lowing oath, which shall be administered in the English or French language, as the case may require : AND SUPPIiKMENTARY ACTS. 1 O' I ^ L I, A. IV, do (loelari! ami tustify, in tlie presence of Altni(,'hty (Ifxl, Oatli, that I am, to the best of my knc)wU'(lf;o and hi'lief, of tlu' full ni'c of twenty-one years, and that I have not voted before at this election. And tlmt every sucli person shall also, if so required iis and to make , . 1 1 ' ii ■ til- 1 -ii 1 i i oiith to tlie iifiiresiiul, mako oath previous to Ins beiii^,' admitted to vote niirticulars tliat he is, to the best of his knowledfje and belief, duly 'j';','''" ^^'^^'' jiossessed of such lands and tenenieiits, or of such a dwelling Imuse and lot of f,'rouiid, or that he has Ikuki jUlv been so resident and paid such rent for his dwelliii}^ house as entitles liini, accordiii}^ to the provisions of this Act, to give his vote at such election for the county, or district, or circle, or for tlie town or township, for which he shall offer the same. XXV. And bo it furtlier enacted by the authority afore- Kis Majesty said, that it shall and nuiy be lawful for his MajestyJ-is ;y;;,V>;;^!^.';;[,'^^^^^ heirs or successors, to authorize the Governor or Lieutenant- '" 'ix the term ,..,.,,., . , . iiii'l place for (loveriior, or person administering,' the (»overiinieiit within hohVnigelec- each of the said Trovinces res))ectively, to tix the time and '"J'"^' place of holdinj^ such elections, giving not less than eight (lays' notice of_ such time, subject nevertheless to such pro- visions as may hereafter be made in these respects, by any Act of the Legislative Council and Assembly of the Pro viiice, assented to by his IMajesty, his heirs, or snccessors. XXV'L And be it further enacted by the authority afore- and of lioldinp said, that it shall and may be lawful for his Majesty, liis [{||;^'^/,\"';,'J,'-j'' "^ heirs or successors, toauth )rize tlie (Joveruor or Lieutenant- "'"1 Assembly. Governor of each of tl:e said Provinces respectively, or the person administering the Government therein, to fix tli(! places and times" of holding the first and every other session ^ of tlie Legislative Council and Assembly of such Province, giving due and suflicient notice thereof, and to prorogue the same from time to time, and to dissolve the same by pro- clamition or otiierwisc, whenever he shall judge it necessary or expedient. XXVn. Provided always, and be it further enacted by tiie rounnil and authority aforesaid, that the said Legislative Council and i.,iTu'd tol'other mco in twelve Assembly in each of the said Provinces shall bo called to„'ether once at the least in every twelve calendar months, and that every Assembly shall coiitiuue for four years from the day of the return of the writs for choosing the same, and no longir, '" subject nevertheless to be sooner prorogued or dissolved by the Governor or Lieutenant-Governor of the Province, or person administering his Majesty's Government therein. months, etc., 122 TIIK CONSTniTIONAI, AC!' mill all i|ui-i- XWlll. Anil lir it fiirtlRT I'lmetcd hv the autlioritv nfniv- limn tlHT. in • I »i i 11 i' I • 1 1 11 • • »i • 1 T • ti) lindicidcd ^iiiul, tliiit all (jiU'siioiiH wliicli sliiill iirisc 111 tliL' siini lit'tiis '7*'";""''"''''>l:itiveC(.uiii'ils ov Asscinhlii's rospectivolv sliall he ,l,Mi,|.Mi III votes. , ' !)>• lliu iiiiij')i'ity of voices of siioh iiu'inlxTs us sliail 1h' jiri'- siiit ; anil tliiit in ill! cases wlierc tlii' voices slmll Ijc ((iiml liie S])eiil\er of sucii < 'nmicil or Assiiiihiy, as the case iiia\ l)e, Klial! Iia\e a casting voice. No inoiiiln!!' to sit or vote till lie lias taUi'ii tlio toUowiiiL; OiUli XX I. \. I'foviiicil always, ami ho it enactoil hy tlic authority aforosaiil. that no uieiiihcr either of the l.eoisla- tive Coiiiu'il or Asseinliiy, in eitlier of tlie saiil rroviiices, siiall be i)(;riiiitteil to sit or \ote therein until he sliall have t ikeii and siihseribud the following,' oath, eitlier Ix fore tlic (xovornor or Lieiiteiiaiit-dovernor of snch I'rovince, or per- sjii adniinisterino the (ioverninent therein, or before some parson or persons iititiiorized by the said (ioNirnor i>r Lien- tonant-tiovcrnor, or other person as tiforesaid, to administer such oath, and that tlie same shall be adminish red in the llnolish or French la.ii^iia'^e, as the case nniy rei|iiire : I, A. H,. ilo siiiriTcly |iroiiiisi> ami swear i liat I will I'o luitlifnl iind liear true alleL,'iiim'e to his Majesty. Kiiiu; (it;ort,'i', iis law fill Sovereif^ii of the Kiuijdoiii of (ireat J^iilaiii, mid of theses Provinces di iieiiii(>iit ou and boloiiKiii^' to the said Kiiu;ili)iii ; and tliat I will dcfeiiil liini to tlio utmost of my power against all traitorous consiiinicies luil attempts wliatevei whieli shall bo made at^ainst his person, crown, and di^'iiity ; and that I will do my utmost endeavour to disclose Mild make known to his Majesty, his heirs or successors, nil treasons ::iiil traitorous cons[iiraeies and atteiiiiit.-, which I shall kimw to he ai^aiiist Inni, or any of them; and all this I do swear without any uiiuivocatioii, mental evasion, or secret resorvalion, and reiiouiicint,' all pardons and dispensations from any piu'-on or power whatever to the contrary So help me (iod, (iovcriior may XX\. And be it further enacted bv the authority afore- «ive or with- • i -i ^ i i n i • i i " i ii .i holdliis.Ma- said, that wheiu^ver any bill, winch has been passed by tlie jostv's assent i.eojslativo Council and by the ]h)use of Assembly in to hdls passed "^ •' by the lie>,'isla- either of the saiil Provinces respectively, shall be presented and .Vssoinldv, ^o'' ^^i^ ^lajesty's assent to the Governor or Lieutenant- or reserve Governor of such Province, or iierson adniinisteriii'' his thorn for Ins ' " Majesty's plea- ^Majesty's Government therein, such Governor or Lieutenant- '^"'*' Governor, or person adnnnistering the Governincnt shall, and lie is hereby authorized and required to declare, accord- ing to his discretion, but subject nevertheless to the pro- visions contained in this Act, and to such instructions as may from time to time be given in that behalf by his Majesty, his heirs or successors, that he assents to such bill in his Majesty's name, or that he withholds his Majesty's ANI> Sr-Pl'l-KMFNTARY ACTS. l-i:? a^■;)'llt- fi'Diii such hill, m that, lie I'l'scivt's siirli hill fur the si.^;iiticatii)ii of his Ma;csty">i i)l<'asiirf tluTtoii. W \I. I'roviilcil always, ami he it fiirtlicr iiiactiMi hv tlic <'ni\(i uui- i.> , i n 1 .,^1 * \ 1 11 1 • 1 1 11 1 inuisriiit to tho iitliiinty atDiw-iaiil, tli:it whciicvcratiy lull wiiicli shall have sciftiu-v of iKVM so Divseutcil fill' his .■MiiJL'Htv's as.snit to such lioviTiior, stiiin iM.pit'n of ^ ... siicli lulls as IjiiMUoimiit-Govei'iiof, or person udininisteriiij^ tho (lovern- Imvi' l)i'(!ii an- ini'ut, siiall hy such Govt riior, [.icutonaut-Govt'i iior, or per- '\vii|,.i'| i,js Ma- •> ' 1 alininisti^riu^' tlic Govcriiiiii'iit, havo bct'ii assciitud to in i'.'-"'> in t"ini- cil mil \ ili'diil'i' iii^ Majesty's iiamo, sucli Chucnioi', Licutcnanl-CioviTiior, liis ili^^nllow- f ■ 1 1 11 111 1 11 mice of witliin 1)1- pcrsou as aloi'esaid siiall, lunl iu' is hcrchy ' ''l""''''. hy ,^^.,, ^,,|,, , fi.,,,^ tlir first convL'iiiciit opportunity to transmit to one of his 'he icd'hit M.ij'Sty's priiiciii.vl Sooretarios of Htatc, an antlR'ntic, copy of surh Ijill so assented to ; and that it siiall and may bo lawful, at any tiini' within two years after such hill shall have heen so re(;ei\ed hy such Si'erulary of State for his >Iajesty, his heirs or successors, hy his or their ( )riler-in- ( 'ouiieil to declar ; his or their disallnwaiici' f)f such hill, and that siicli disallowance, toj^ether with a certiticate under the hand and seal of such Secretary of State testifyim,' th lUln(^Ked, or as nearly adjacent tiiereto as circumstances will iidmit ; and that no such j^rant shall be \ali(l or effectual urdcss tlic same shall contain a si)ecification of tlie lands so allotted and apiiropriateil, in respect of tlie lands to be tlierchy ^'ranted : and that such lands so allotted and a|)[)ro- prialed shall be. iis nearly as the circumstances and initurt' (if liie case will admit, of the like iiualily as the lands in rcsiiect of which the same are so allotted and appropriated, ;ind shall be, as nearly as the same can be estimated at the time of makiu'^ such .^rant, ecjual in value io the seventh part of tile lands so i^raiited. XXWil. And he it further enacted hv tlie authoritv io;.l the rents 1,1 11 1 .1 , ,■ ■ 1 loisiiit^ troiii ;ltllrc-^ald tiuit all and e\ery tlie I'eiits, protits. or emoiu- such iiUotnient iiients, which mav at anv time arise from such lands so ",' !"'."'!V'''^' aliie to that ;ill , j i,,, (;„vernor. liis iieirs and successors, to authorize the CioNernor or ^^.'''' ''"','"'" \ ice (if Ine Lieuteim.nt-(iovernor of each of the sanl Provinces respec- I'.xeciitive ti\ely. or the ))erson administering the (lovernment therein, ,.|','.ctVaVs'(in- t'nim time to time, with the advice of suidi Executive ( 'omi- "-<'*^i""''-'"''"^*^ I il as shall have been appointed by his Majej-ty, his heirs or successors, within such i'rovince for the affairs thi-reof, to constitute and erect within every township or paiish which is now or hereafter nniy he formed, c(institute(l, oi- i-recled within such I'rovince, one or more p.irsi)nai,'e nv rectory, or parsdua^'es or rectories. accordin.L; to tlu; establishment of tip' (.'hurch of Jhi.i^land ; and from time to time b\ instru- ment under the ^,'reat Seal of such Proviiu^e tn endow every such parsoniij^e or rectory with so nnich or such a part of the lands so allotted and ajj^iroiiriated as aforesaid, in re-ipect of any lands with such township or parish which shall have been f^ranted suhsecpient to the e.)mmi,'ncement of this Act or of such lands as nuiy have bei n allotted and ai)pro[)riated for the same purpose, by or in \ irtue of any iu-y his Majesty before the commencement of this .\ct, as such Clovernor, Lieutenant-Clovernor, or K 128 THE CONSTITUTIONAL ACT pcfKoii ii(liiiiiiist(!riii<» tlio (Jovernnieut shall, wiili the advice of the said j'^xecutive Council, judf,'e to bo expedient under the then existing circumstances of such township or parisli. and tho (iovcr XXXIX. And be it further enacted by the authority nor to iircseiil ■ -, , -i,, ,,,i»,. incuiiihciits to aforesaid, that it shall and may be lawful for his Majesty, »!.'?.',',';■,. ^,!'f I w'.*^'" 1''*^ heirs or successors, to authorize the flovcrnor, Lieuton- li() '-'■•J''j' Lilt' sanioaHinciiiii- ant Governor, or person admiiiisterint^ the Government of bents ill i;ii^; i * ., • i ii ■ i- i ^ .. ,. Ifnid. each of the said Provinces respectively, to present to every such t)arsona<^e or rectory an incumbent or minister of tlie Church of Enj^land, who shall liave been duly ordained accordinj^to the rites of tliesaid Church, and to supply from time to time such vacancies as may happen therein ; and that every person so presented to any such par.snnat,'e or rectory shall hold and enjoy tlie same, and all rif,'hts, profits, and emoluments thereunto Jjelonginj,' or granted, as fully and amply, and in the same manner, and on the same terirs and conditions, and liable to the performance of the same duties, as the incumbent of a parsonage or rectory in J'^ng- land. Presentations XIj. Provided always, and be it further enacted by tlie and tlio enjoy- iuitliority aforesaid, that evei-y such pre8eiit:xtion of an nioiit of till 111 iiieumbent or minister to any such parsonaL'e or rectorv, to lie siibiect .in to the jurisdic- and also the enjoyment of any such parsonage or rectory, tioll i,'liUlte(l to 1 c ii ■ ^ i. r L I ' 1 1.1 c 1 tlio Hishoi) of "■"'' '^i the rights, prolits, and emoluments thereof, by any Nova Scotia, such incumbent or minister, shall be subject and liable to otc. all rights of institution, and all other spiritual and ecclesias- tical jurisdiction and authority, which have been lawfully granted by liis Majesty's Royal letters patent to the Bishop of Nova Scotia, or which may herciifter by his Majesty's Royal authority bo lawfnlly granted or appointed to be administered and executed within the said Provinces, or either of them respectively, by the said Hisliop of Nova Scotia, or by any other person or persons, according to tlie laws and canons of the Church of Jhigland which are lawfully \H made and received in ]']ngland.' * i \ \ . > ' Provisions re- XTil. Provided always, and be it further enacted by the al'hit illicit lit' authority aforesaid, that the seyertil provisions lureinbefore lands for the contained, resiiecting the allotment and approi)riation of Rupport of a "^ • , • ii I Protestant lands for the support of a Protestant clergy within tho said in'i'w'he^var'ieil I'j'ovinccs. and also respecting the constituting, erecting, and orrejiealed by endowing parsonages or rectories within the said Provinces, tlie ljef,'l Jilso respecting the presentation of incumbents or nim- ABseiiibly. AND SUPPLEMHNTARY ACTS. 129 r ititers to tlie same, and also respecting the manner in wliicli anch incumbents or ministers sliall liold and enjoy the sainc! sliall bo subject to be varied or repealed be any express pro- visions for that purpose contained in any Act or Acts whicli may bo passed by tlie Legislative ('ouncil and Assembly of the said Provinces respectively, ii,nd assented to by his Majesty, his heirs or successors, under the restriction herein after provided.' '' XLII. Provided nevertheless, and be it further enacted by Actsof tliohot,'- tiie authority aforesaid, that whenever any Act or Acts shall ,.ji .,,,,( \ssciii- 1,0 i)asseil bv the Legislative (Jouncil and Assembly of either '''.v i'|>iitiiiiiiMt^ ' ■ . . . lU-nvislOllS to of the said I'rovinces, containing any ])rovisions to \ary or tlu> elToct hcre- ropeal the above recited declaration and provision contained J|' hl.^'iaVc'l'hi'- iu the said Act passed in the fi)urteenth year of the reign of f">"<- I'ai-lia- incut prciviiiiis Ins present Alajesty ; or to vary or repeal the above recited toiocciviiiK his nrosision contained in his Maiestv's Koval instructions • '''■'''^'■/ '^ "■'^' given on the third day of January in the year of our liOrd one thousand-seven hundred and seventy-five to the said Guy Carleton, Estjuire, now Lord Dorchester ; or to vary or repeal the provisions herein before contained for continuing the force and effect of the said declaration and [jrovisions ; or to vary or repeal any of the several provisions iierein before contained respecting the allotment and appropriation of lands for the support of a Protestant clergy witliin the said Provinces ; or respecting the constituting, erecting, or endowing parsonages or rectories within thesaint or iliseipline of the Church of Kngland amongst the ministers and members 130 Ijaiids ill rp THE CONSTITUTIONAL ACT thereof within the said Provinces ; or shall in any maniKr relate to or affect the Kin<^'s prerojiative tonchin;,' the j^raiit- inj,' of waste lands of the Crown within the said Provinces; every sncli Act or Acts shall, previous to any declaratidn or signification of tlie Kind's assent thei-eto, belaid bef(n-e lioih Houses of PariiaTnent in Clreat ]5ritain ; and that it shall not be lawful for his Majesty, his heirs or successors, to sit^nify his or their assent to any such Act or Acts, until thirty davs after the same shall luive been laid before the said houses, or to assent to any such Act or Acts in cuse eitlier House of Parliament sJniU within the said thii'ty duys address his ^Majesty, his heirs or successors, to witldmld lijs or their assent from such Act or Acts ; and that no s.icli Act shall be valid (jr effectual to any of tlic said pnrixises witiiin either of the said Provinces unless the fje^islative Council and Assembly of such Province shall, in the session in wiiich the same shall have been i)assed by them, have lu'esented tc the Governor. Lieutenant-Ciovernor, or person ailministerin^ the Covernment of such Province, an address or addresses specifying' that such Act contains nrovisions fcjr someof tho said purpose's hereinbefore specially described, anddesiriui; that, in onler to i,'ive effect to the same, such Act should be transmitted to J'^n^'Iauil without delay for the purpose of beiuf^ laid before Parliament previous to the si,i4niiicati(m of his ^Majesty's assent thereto. XLllI. And be it further enacted bv the authority afore- \' uil'nuiUMU.V' «'"'^' that all lands which shall be hereafter f,'ranted within free and com- the said Province of Upper Canada shall be i,n-anted in frei' ,1,1,1 also ill find coniiiujn socca^e, m liUe manner as lands are now JiO\\oi- Ciuiaila, j,p],l(,,, jj, free and common socca<'o in that part of (ii'eat It desired. ... . Britain called J'hij^land ; and that in every case where lands shall be hereafter ^'ranted within the said Province of Lower Canada, and where; the f^rantee thereof shall desire the same to be f^i'anted in free and common soccape, the same shall be so ^'ranted ; but subject nevertheless to such alterations with rcsfiei't to the nature and consequences of such teiiuri' of free and common si)cca;,'e, as may be established by any law or laws which may be made by bis Majesty, liis heirs or . successors, by and with the advice and consent of the Le^^is- \Vj lative Council and Assembly of the Province.' " Persons liolil XI,[V. And be it further enacted by the authority afore- Cniiei-'rai'iailii ^"•'''' ^-'"^^ '^ '^"y P'^i's^^'i Of persons holdinti lands in the said may have fit'sli Province of ['jiper ('anada'" bv virtue of any certificate of grants. AND SUPPLEMENTARY ACTS. 181 oceiipatioa dorivod iukIcv tliu authority of tlie (lovt'rnor and Council of tile Province of Quebec, and Inivinj^ power and iintliority to alienate the same, shall at any tune from and after the conimencx'nicnt of this Act suri'cnder tlie same into tlic hands of liis ^Majesty, liis lieirs or successors, hy petition to the (iovernor, or Lieutenant-tJovei'iior, or person admin- istering tlie (if)vernment of the said Province, setting,' forth tiiat he, she, or they, is or are desirous of holding tlie same in free and common socca^e. suidi (lovernoi-, or Lientenant- (;ov(>riior, or person administei'ini; the (lovei'nmi'nt shall thereupon cause a fresh ^rant to be made to such pi'rson of such lands to he holdeu in free and common socca<^e. XLV. Provided nevertheless, and be it further enacted by Sucli fresh 1 ii i. c ■ 1 ii i 1 1 1 , i 1 n L;raiits not to the autliority aronsaid, tiiat sucii surrendei' and j,'rant shall i„u- any rit,'lit not avoid or bar anv rjijlit or title to any such lands so sur- or title to tlie . , ' , • , lauds, rendei'ed, or any mterest m the same, to which any person or [lersons other than the [)erson or persons surrendering the same shall have been entitled either in possession, remainder, or reversion, or otherwise, at the time of such surrender; but that every such surrender Mini ^'rant sliall be made subject to such rij^ht, title, and interest, and that every such rij^ht, title, or interest shall be as valid and effec- tual as if such surrender and f^rant had never been made. XLVI. And wdiereas by an Act'~* passed in theeij^hteenth isdeo. III.. „ ,, . , ,, . i. -vr • i • i.i. 1 1 .. 1 V . CM 1). '^'.i, recited. \ear or tiie reij,'n of his present Majesty, intituled " An Act fur removinj{ all iloubts and apprehensions concerning taxa- tion by the Parliament of (ireat JJritain in any of the (Colonies, Provinces, and Plantations in North America and the West Indies ; and for repealing' so much of an Act made ill tiie seventh year of his present ^Majesty as imposes atluty on tea imported from Great Britain into any Colony or I'lantation in America, or relates thereto," it has lieeii declared that the Kiiif^'and Parliament of Great Britain will not impose any duty, tax, or assessment whatever, payable in any of his Majesty's Colonies, Provinces, and Plantations in North America, or the West Indies, except only such duties as it may be exi)edient to impose for the re<^ulation of com- merce, the net produce of such duties to be always paid and applied to and for tiie use of the Colony, Province, or Plan- tation, in which the same shall be respectively levied, in such manner as other duties collected by the autliority of the respective General Courts or General Assemblies of such Colonies, Provinces, or Plantations are ordinarily paid and II. CO. 9 132 THE CONSTlTfTIONAL ACT applieil ": And whereas it is neci'ss;ii-y for ilir ^ciu r:il benelit of the British Empire, tliat siicli power nf re^'iihuidii of coniiiierce should continue to he exercised ])y iiis ]\Iajestv, iiis lieirs or successors, and the Parliament of Great Britain. subject nevertheless to the conditions herein before recited with respect to the application of any duties whirli jnav hu Tills Act not to imposed for that |)urpose : Be it therefoi-e enacted by the oiVemtion of authoritv aforesaid, that notliiuL; in this Act contained shall any Act of Par- (.^tund, or beconstrnid to extend, to i)revent or alTect the liauunit estali- lisliiiK,' iiro- execution of any law which hath been or shall at any t iinc iiiii'osiii!^ "' be made by his Majesty, his heirs or successors, and the duties for tlie Pai-liiunent of Cireat Britain, for establishinj,' reouhitions or rcKuliition ot , ■, . ■ , • , • ,i ,- , . navigation and prohibitions, or lov imp )sni.i,', ievymj,', or collectinj,' duties counncrco, etc. j^^j, ^,^^, ro^ndatiou of navigation, or for the re^'ulation of the commerce to be carried on between the said two 1 ro viiices,' '•' or between either of the said Provinces and any other part of his IMajesty's dominions, or betwe(>n either of the said Provinces and any foreign country or state, or for ai)pointinj^and directing the payment of drawljacks of such dntieti so imposed, or to oise to his ^lajesty, his lieirs or successors, any power or authority, by and with the advice and consent of such Ijei,'islative (Councils and Assemblies respectively, to vary or repeal any such law or laws, or any part thereof, or in any manner to i)revent or obstruct tlie execution thereof. Such (Intifs to XLVII. Provided always, and be it enacted by the tho\Vse ot tVi'e '"-'ithority aforesaid, that the net produce of all duties which respective Pro- shall be so imposed sliall at all times hereafter be applied to and foi' the use of eacii of tiie said Provinces respectively, and in such manner only as shall be directed by any law or laws which shall be made by his Majesty, his heirs or suc- cessors, by anil with tiie atlvice and consent of the Lej^isla- tive Council and Assembh' of such Province. w HisMa,jest\ in XLVIII. And whereas, by reason of the distance of the Council to fix • 1 r» • r ii • i. 1 r ii i i i ami ilcclaro said Provinces from this ctnintry, autl of the change to be tlK'connnenco-ni.iJc ijy ti,i„ Act ill the (loverument thereof, it may be nieiit ot the ' ... Act, etc. necessary that there should be some interval of time between the notilicatiiui of this Act to tiie said Provinces respectively, and the day of its C(nniiiencement within the said Provinces respectively; be it theri'fore enacted by the authority afore- said, that it shall and may be lawful for his Majesty, with the advice of the Privy Council, to fix and declare, or to authorize the (Jovernor or Lieutenant-Crovernor of the Pro ASn sri'PLEMHNTARY Af'TS. 133 viiicr of (Jiicl)i'i', or tlin pcrsoii lulii'iniHtoriii;,' the CJoverti- nunit tlicre to tix ami declare tlio duy of tliccoinmenceiiieiit of this Act within the said I'rovuices respectively, provided that such day shall not be later than tlie thirty-lirst day of December, in tlie year of our Lord one thousand seven hundred and ninety one.-"' XFJX. And be it further enacted by tlie authority afore- [Phne for is»u- said, that the time to be lixed by his .Miijesty, his heirs of MnniMcuis iuu'l' successors, or under his or their authoritv by the (rovernor, elcctini-. I'ti;., . •• • liiit ti) he liitor Iaeulenant-(>()Vcrnor, or person administerint^ the Govern- ihiin :ilsf De- ment in cacli of llie said Provinces respectively, for issuim,' '''"' "'' ''''*" the writs of suininons and election, and callinj^ to^'cther the Legislative Councils and Assemblies of each of the said Provinces respectively, sliall not be later thiin the thirty- lirst day of Deccmbi i', in the year of our Lord one tliousand seven hundred and ninety -two. - ' L. Provided always, and be it furtiier enacted by the I'-etwciui tlic authority aforesaid, that during,' such interval as may happen n^entof tliis between the commencement of this Act wiliiin the said •^'''^ '^"'' "."' fust iiictaniKot Provinces respectively, and the iirst meeting,' of tiie L(;<^isla- tlic hi'^^i-^lativi: tive Council and Assembly of each of the said Provinces \ss',m'iVi)1v"' respectively, it shall and may be lawful for the Governor or tcniiiiuary - . ,, , , T-. • I. , laws may lie Lieutenant-uoveriior of such Province, or for the p'^rson mado. aiuninisterin.L; th(> Government therein, with the consent of the major part of such JOxecutive Council as shall be appointed by his Majesty for the affairs of such Province, to make temporary h\ws and ordinances for the ^ood govern- ment, peace, and welfare of such Province, in the same manner and under the same restrictions as such laws or ordinances might have been made by the ('oiincil for the al'fairs of the Province of Quebec constituted by virtue of tiie above mentioned Act of tiie fourteenth year of the reign of his present Majesty ; and that such temporary laws shall be valid and binding within such Province until the expira- tion of six months after the Legislative Council and Assembly of sncli Province shall have been iirst assembled by virtue of and under the authority of this Act; subject nevertheless to be sooner repealed or varied by any law or laws which may be made by his Majesty, his heirs or suc- cessors, by and with the advice and consent of the said Legislative Council and Assembly. *X'0 1 \ / X 131 'iilK CONSTITUTIONAFi AiT The Constitutional Act Amendment Act, 1830. «> An Aci'^'- to (ininnl sn nnich (if an Ad r iinthiiiij iimrr ifhititut firni-i.sinn Inf tin (mr- crninoit <;/' t/if J'roriiirc nf (jKclnr. [iCiiii .Jri.v, 1h;;o. 31 GiM). Ill, cap. 31. x-"^ V* WlicToas by ail Act passodin tlit" tliirtytirst ycircf tlic rtii;^ii of his laU; Majesty, Kiiij^ tieort,'^ tlic Tliinl, intitnlcil. " An Act to rcpt-al cortaiii parts of an Act passed in the fotirtc'cntli year of liis Majesty's rei.nn, intitnli'd, ' An Act lor inakinu more effectual provision for liie (iovernnient of (,)uei)cc in North America." and to malve f iirtlier provision for the (iovernmcnt of the said I'rovince,'" it is anioii^'st other tliin;!.;s enacted ■-■■• that no person shall be summoned to the I iC{,'islative Council in either of tl:e Provincesof Upper Canada and liower Canada wlio shall not be of the full aj^eof twenty- one years, and a nattiral-lxn-n subject of his Majesty, or a subject of his ]Majcsty naturalized iiy Act of the Jiritish I'arliament, or a subject of his Majesty having become such by the conquest and cession of the I'rovince of Canada ; and it is thereby further [irovided that no jxa'son shall becai)able of voting at any election of a member to serve in t!ie Ijcgisla- tive Assembly ineitlurof the said I'rovincesof C^iper Canada or Lower Canada, or of being elected at any sucli I'lection, who shall not be of the fiUl age of twenty-one years, and a natural-born subject of his Majesty, or a sul)ject of his Majesty's naturalized by an Act of the British Parliament, or a subject of his Majesty, having become such by the con- quest and cession of the Province of Canada : And whereas it is expedient-'' that persons naturalized by any Act of the Legislative Council and Assembly of the Province of Lower Canada assembled by his, ^lajesty, his beirs, or successors should be enabled to be summoned to the Legislative Council of the said Province of Lower Canada, and of voting at the elections to serve in the Legislative Assembly of the said Province, or of being elected at any such ^election ; 15c it therefore enacted by the King's Most ICxcellent Majesty, by AND SITPLEMENTARY ACTS. 135 and with tlif iidvice iviul ceinhly of the s;iid Province, or by proclannvtion. that snch l)ill has been laid befort' his ^lajesty in Council, and that his !\[ajesty has been pleased to assent to the same; and no -uch bill shall have any force or authority within the said rrovince unless his ^Majesty's assent thereto shall have been so si^uilied as aforesaid within the s[),ice of two years fi-oni the day on whicli such l)ill shall have been pre- sented f(jr his ^Lxjesty's assent to the tiovernor. Lieiiteiiant- Goverr.or, or person administering the Governinciil. 136 THE CONSTITUTIONAI, ACT The Constitutional Act Suspension Act, 1838. r J An A('t'"' to nuih'i- tnnjinrayij jirorisimi I'nr thr (i(ivrr)iiiii nt nf Ldirrr ( 'khihIii. Klill I'l IIMAUV. ISliH. :il (i... Ill cap. ;ii. •^ u Whereas ill tli<' present state df the I'i-n\i)i('e (jf I.nwer Ciiiiaihi the House of Assemhly nf the said I'mvince. eonsti- tiiteil uiidiT the Aet pass mI in the tliirty-lii-st year nf his Majesty. Ixinf,' (itnri^e tlie Tliinl. intituleil "An Aet to repeal eertain pai't - of an Aet [)ass< d in tlie foui'ti'enth yeai" of liis Majesty's reij^ii, intituled ■ An Act for niakin;4 more elfec'tual provision for tlii' (lovi'i'iiineiit of the I'rovinci' of Qtiehee in Xorth America." and to mai<'' further provision for the ( lovii'innelit of t he said I 'rovilice " I'aiiliot he called to^^ether without serious iletrinient to tlie interests of tlie said I'rovini'c,'^* l>y reason wherenf the (lovi'rnmeiit of the said l'ro\in'!i' cannot he duly administered aecoriiini,' to the provisions of the said Act: And whereas it is e.\i>edient to tnak(^ temporary provision for the Government of Lower Canada, in order that Parliament may be enabled, after mature did ill' 'rat ion. to m ike permanent arran,L;ements'-'" for the Constitution and (ioverument of thesaid Province, upon such a basis as may best secure the rij^hts and liberties and ])roni<)te the interests of all classes of her Majesty's siilijects ill the said I'rovince: l?e it therefore enacted by tlie Queen's Most r.xcellent Maji'sty. by and with the i;ons(,'nt of tlie Lords Kiiiritual and Temporal, and Commons, in this pre- sent I'arlianu'iit assembieil. and by the antliority of the same, that from the proclamation of this Act in the said The powers of I'rovince as hereinafter j)rovide(L until the first day of lii'-i'slaniro of ^«'>veml)er in the year oiu' thousand ei^ht hundred and forty, J^;;'wer ('Miiaila so much of the said Act ol" tlu' thirty-tirst yi'ar of Kin^ Cieor^e the Third, and of any other Act or Acts of I'arlia- ment, us constitutes or provides for the constitution or call- ing of a Le.'iislative Council or Legislative Assembly for the Province of Lower Canada, as confers any [lowers or func- tions upon the said Legislative Council and Legislative «'■': BUSpulKlod. AND ST-ppr-KMENTAHY ACTS. l:}7 AhsoiiiIiI} . I'l' 'illii'f of tlmsc lioilit's, slnill (■ciisc aiul he 'if no force, II. Ami !)(' it cuiictcil tlmt it slniii he lawful for licr Her Miiicsty ,, • . , ■ • ■ ■ . \ r i.- lii"y iMilKiilit 0, M.iji'sty, ny luiy CDiiiinisKinii or comiiiissirms to be tioni tiiiu' siu'cinl t'oiiii- to time isNiii'il miller tlu' (Irrat Sciil nf the I'liitcil KinUilom cil for th II It'll irs of Ijowcr or l)y any instriirt imis uii'lcr iicr Majesty's siiiiii t ny sis^ii Caiiaila. iiiaiiiiul, ami witli the ailvico of lier Privy Couiieii, to con- stitute a special ('oniicil-"* for tlio affairs of Lower Cuiiaila, ami for that puriiose to a[i|if>iiit or authorize the (lovernor of tiie Province te {,\';.\f ';,','"',',''','" therein until he shall Iuivl' taken and suhscrihed hefoi'e the (iovernor of the Pi'ovjnce of Lower Canada, or hefore smne jierson authorized by the said (Jovernor to administer such Oath, the same Oath which is now roi[iiire(l to he taken by the members of the Legislative Council and Assembly before sittin;^ or votini^ therein i'es[)rcti\ely. III. .Vnd be it enacted that frimi and after such jii-dcla- 'riicdovcruor Illation as arcu-esaid, and until the hrst day of November in i,,,,^. ||,,,Ke the vear one thousand eii,'ht hundred and forlv, it shall 1,^ l-aws or Onlin- iiiicos tor tlic lawlul for the Ciovernor of the I'rovince of liOwer Canada, (iovci niiunit of Nvitii the advice and consent nf the majority of tiie said ''"'^■'■'' ^'''"""'"•■ Councillors present at a meetini^ or meetini,'s to be for that purpose from time to time convened by the f Jovernor of the said Province, to make such laws or ordinances for the peace, welfare, and ^'ood C overnment of the said l'ro\ince of Lower Canada as the lA'^isIature of Lower Canada, as now constituted, is empowered to make ; and that all laws or ordnances so made, subject to the [irovisjons hereinafter contained for disallowance thereof by her Majest.w shall li ve the like force and effect as laws passed before the pass- ing of this Act by the Lej^islative Council and Assembly of the said Province of Lower Canada, and assented to by her ^Majesty, or in her ^Majesty's name by the (loveriior of the said Province Provided always that no such law or ordin- Such laws to ance shall be i,;ade unless the same shall have been first pro- thJuovenior! posed by the saitl Governor for adoption by the Council, nor ludess the said Governor and five at least of the said Coun- cillors shall b(^ a(;tually [jresent when such law ov ordinance t^ 188 THE CONMTJTl'TIONAL ACT Liinitinp; their duration. Proviso as to iniposingtaxes. Laws or Ordin- ances not to an'(!ct the ex- isting laws re- RpectitiKKif^Vits of Election, etc. shall Ijp made : Proviilcil also, that no law or ordinance so made shall continue in force beyond the first day of Novem- ber in the year ont; thousand eij^ht hundred and forty-two, unless continued by competent authority: Provided also, that it shall not be lawful by any such law or ordinance to impose any tax, duty, rate, or impost, save only in so far ns any tax, duty, rate, or impost which at the passing,' of this Act is payable within the said Pi'ovince may be thereby con- tinued : Provided also, that it shall not be lawful, by any such law or ordinance, to alter in any respect the law now existing' in tlic said Pi'ovince res[)fctiuf4 the constitution or composition of tiie Jjcf^islative Assembly thereof, or respect- ing^ the ri^ht of any person to vote at the election of tiny mem- ber of the said Assembly, or respectinf,' the (uuililications of such voters, or respectinji the division (jf tlio i-aid Prcnince into counties, cities, and towns for the purjxjse of such elec- tions; nor sliall it be lawful l)y any such law or ordinance to I'epeal, suspend, or alter any pi'ovision of any Act of the Parliament of (Ji'cat Britain or of the I'arliament of the United Kingdom, or of any Act of the Lcf^islatuie of Lower Cana her INIajesty by an Act passed in the last si'ssion of I'ai-liament for advances on account of ciuirges for tlu^ administration of justice and of the C'ivil (loviinment of the I'rovince of Lower C^mada, unless upon a certilicate from three or more of the { 'ommissioiu'rs of her Majesty's Treasury, setting forth the several sums which sluill have been so advanced for any of the purposes aforesaid : I'rosided also, that, exclu- sive of any such rei)ayment as aforesaid, no appropriation to be made by any such law or ordinance of the monii's aforesaid in re8i)ect of the iiublic service for any one year shall exceed the total amount of the sums appro^jriated by law within the spid Province foi- the public service thi'reof for the year one thousand eight hundred and thirty -two. AND SUPPLEMENTARY ACTS. 139 V. Ami be it enacted that theGovernor of the said Province Tinws or Ordiii- is hereby required, by tlie lirst convenient opportunity, to ,ii^„]^|,\y^,;j i,y transmit tooneof iu'r^rniestv'sPrincii)al Secretariesof State |','''' ^1'i.U'^t.y in ail autli'^itic copy of every hiw or onUnance made inuitr the iuitliority of this Act ; and that it sluill be hiwful, at any time witliin two years after sucli hiw or ordinance shall have been so received by such Secretary of State, for her ftlajcsty. her iieirs or successors, by lier or their Order in ("ouiicil, to declare her or their disidjowance of such law or orilinancc; and that such disallowance. tOi,'ether with a certificate under the hand and Seal of such Secretary of State, testifying' the day on which such law orordinance was received asaforesaid, heiivi,' si^'nilied by such Governor by proclamation within the said Province, shall make void and annul the same from and after the date of such sif^niiication. VI. And be it enacted that nothini^ herein contained shall Tliis Act imt to be taken to affect or invalidate any law, statute or ordinance ',',',')\v In Vom'*' ' now in force within the said Province of Lower Canada, or in t't<;- any part thereof, except in so far as the same is re))Ui,niant to this Act. VII. And be it enacted that this Act shall lie proclaimed by I'l-ncliniuitioii the Governor of the said Province of Lower Canada within " "^" ' the said Province, and shall conunence and take el'fect within the said Province from the proclamation thereof. \'IIL And be it enacted, that for the purposes of this Act Tlio tonn •n a. any pei'son authorized toexecute thecomnussionof Ciovernor ,ij,|'|,7i'it""^ of the I'rovince of Lower Canada shall be taken to be the Governor thereof. rX. .\iid be it enacted that this A(!t may be altered or Act niny be repealed by any Act to be passed in the present session of" "^'"'' ' '^'''' Parliament. 140 TMK CONSTITUTIONAL ACT The Indemnity Act, 1838. > V , All .let''' fill' iiuli'iiiiiil'i/iiii/ t/idsc ir/io harr issufil <>)■ iiiial iiii'lrr ~^ \ '■ . ' ' ' . nrtdiH iHirts ni u cirtuiu ( h'lliiunnf iiiuilr iiinlcr cnlniir nidti Act i>iixsi'il in the /irisiiit sissian nf I 'dilidiihiif, iiititiilnl "An .lit t(i iiiiikf tini/iiiri(ri/ I'l-nrixinii fnr tlir (inrcniiiinit nj l.mrir ( 'iiiiiiilii."' KiTii ArinsT. Isiis. n 1 Vifi., liip. !i Whereas an Act was made tliis present session of Parlia- ment, intituU'd 'An Aet to make teni])oi'ary provision for the (iovei'nment of I ower ("anaihi" : And wliereus a certain Law or Ordinance hath been made and jJuMisiied by tlie (iovernor oftliesaid Province, by and with tlie advice and consent of the Sjjecial Council, bearint,' date tlic twenty-ei^,'litli day of -luui' last, intituleil "An Ordinance''" to provide foi- the seciii'ity of tile Pro\ince of Ijower ( 'anada,"' which ( )i'dinance cannot be justilie till- i,f the same, that all personal actions and suits, iiklictnients, iicrsoiis aiivis- . 1 ,, , ■ I T 1 , lilt; or uctliiL; informations, and all proset'utions and proceeilmjjs whatso- iiiKU'i-aii ever, which liave been or shall be prosecuted or commenced OriliiiMiiee ot ' till' (iiiM'nior ill any Court or befor(! any tribunal in any jjart of her mill ('luiiii'ti of ,,.",. ,^ . . . ' " . I bowel- cuiiielii, -"'ij^'^'y " I'ominioiis. a^^ainst any person or persons for or by of tlie -Jstii III I'^.iison of aiiv act. matter, or thiiiL; advised, commanded. ai)poiiite(l, or doiK in relation to the preniises before the pro- AND SIPPLEMENTAUY ACTS. 141 clamiition of this Act in the said Province of Lower Canada and in the Islands of liermuda respectively, or elsewhere, ill nianner hereinafter provided, be, are, and slmll be dis- charf^ed and made void by virtue of this Act ; and that if any action or suit shall be prosecuted or coininenced a^^ainst any person or persons for any such act, matter or tiling' so advised, commanded, appointed, or done, he, she, or they may plead the f,'eneral issue, and ^ive this Act and the special matter in evidence ; and if the plaintiff or plaintiffs in any action or suit so to be prusecuted or commenced, except in that part i)f Great liritain calleil Scntliind. after tile first day of October next, sliall become nonsuit, or for- l)ear further [)rosecntion, or suffer discontinuance, or if a verdict jiass aj^ainst such plaintiff or ijlaintiffs, tiie defendant or defendants shall recover his, iier, or tlieir double costs, for which he, she, or tiiey shall have the like remedy as in casus where costs by law are jjiven to defendants ; and if any such action or suit as aforesaid shall be commenced or prosecuted after the first day of October next in that part of (ireat I5ritain called Hcotiand. tlie Court before whom such action or suit shall be commenced or prosecuted shall allow to the defender the benefit of the discliar<^e and indemnity hereby provided, and shall further allow to him his double ('osts of suit in all such eases as: aforesaid. resptctivels . 11. Ami be it enacted that this Act shall be i)roclaime(l 'I'liis Act tM he in the said Province of Lower Canada and in the said ','',;;;:,',';.',' i;7,l, I,',', Islands of Jicrmuda bv the (iovernor, or bv the iierson "H'l '*'''''i'>"'a ■■ ' *■ I'.i^iw.^it i \-..l \- authorized to execute the Cimimission of (iovernor of the said Province and of the said Islands respectivi'ly. forthwith after he shall have received a copy of the same from one of iier Majesty's Principal Secretaries of State.' ' ^ 142 THE CONSTITUTIONAL ACT The Suspension Act Amendment Act, 1839, Ah Alt'- In (nih')lil (III Art III' l/ii' last srssioii "/' I 'ii rliiiiiniit fur iiiiihiiui liiii/iiirnri/ I'mrisidii far the Gnrcntiiiciit nj' Lmiir ( iniaild. nivn At-c.tst, ]8;i'.». :n (ii'd. III. cap. 151. Wlicrt'iis ail A(;t was jihsscmI in tlic tliirty-lirsf. year of tin; rei.LSii of liis Afiijesty, Kiiit^ (iiMirL;c' the 'I'liinl, iiititiilrd •• An A(^t to r('[ieal certain jiarts of an Act passed in the foui- teeiitli year of liis Ma.jesty's rei;4ii, intituled 'An Act f(jr making' more effectual pi'ovision for the Governiiient of the I'rcnince of (Quebec; in North America,' and to niake further [)rovision for the Ciovernment of the said I'ro- vince," \vherel)y amon.i; otlier thing's it was enacted that there should be within eacli of the Trovinces of U^nier C'iinadii and Jjowor (panada res[)ecti\ely a liCj^islative Coun- cil and an Assembly, to be constituted in manner therein described, and with such [)owers and authorities as therein mentioned : And whereas an Act was jiassed in the last session of Parliament, intituled " An Act to make tempor- ary i'rovision for the (!o\ernment (jf Lower ('aiiada," whereby it was enacted that from tiie proclamation of tlie Act until the first day of November one thousand ei,L;ht lumdrc luisiiu'ss to . ,,, ... ■ 1 1 1 ii -11.. , he t liilisHctcd hpi'cial (.oimcu m iniiiiiier provided l)y the said Act passi d mili'ss cloven ill the hist session of I'arliameiit shall imt l)e less than '"' I'l-csciit. I'.veiit\', and tliat no hiisiiiess shall he transacted ;it any Mieitiii,!4 of the said S[)ecial (Vmiicil at whicli there are not jireseiit at least eleven Couneillors.'' ■' II. And he it enacted tliat from and iimnediately after Kcpinl of pio- i I • c i.1 • 4 i. r !• ii -1 .. J \ ^ visidii (if 1 iV \1 the jiassin^ of this Act so iiiiich (d tlie said recited Act \|,., ,.|ip_ ii passed in the last Session of Parliament iis i.nivides that mi l"'<'y!'"fhiM 'he ' ' iniilinm ot (icr- law or ordinance made by the (ioxcriinr of the said imnn'iit law^; 11 • CI !• 1 ii 11- I i I'll' idl neniiii- J'l'ovmce or Lower t anada, witii siuh ad\ice and cons(.nt as ,|,.,|, [„^^.j. (,, i,g theicin mentioiieil, shall coiilimie in force liexond tlit- lirst I'O'l '"'' tl'h'ty d:i\s lictorc (la\ (if Novi'inher. one thousand eii^ht himdreil and forty- I'liVliiuneiit two. unless continued by cdinpeteiit authority, shall hi' and j|J.'j,p' ,",'.' ^„." the same is liereby repealed : I'rovidiMl always that e\ery linned. law or ordinance \\ liich by the terms and provisions thereof shall be made to continue in force after the said first (la\ of November, one thousand ei^lit hundred and fort\' two. shall lie laid before both Houses of Parliament \vitl:in thirty ihiys after a cojiy thereof shall be received by oiii'of her Majest>'f, Principal Secretaries of Stat.', under the prosisions of the said .Xct of the last Session of I'arliameiit. if Parliament shall he then siltiiio, or otherwise within thirty da> s after th(! then next meetino of Parliament: and no such hr.v or ordinance shall be confirmed or declared to be h ft to its operation by her Majesty until such law or onliiunice shall first have lieen laid for thirty da\s liefoic both House- of Parliament, or in case either House of rarlianunt shall, within the said thirty days, address her Majesty to disallow any such law or ordinance. III. And be it eiiai'ted that from aiiil immediiitely after HciumI of the the {lassino of this Act so much of the said recited Act '"'.[.'.j \i',,t ,.„.,_ passed in tho last Session of Parliament as provides that it '■'• lii-"hiliituiK tax'i'i"": '>i't shall not be lawful, by any such law or (wdinance as tlurein no new tax to mentioned ti) impose any ta.\, duty, rate, or impost, save ,,'',', J'),'',.' p/^pij,. onlv in so far as anv tax, dut\'. rate, or impo-.t, which at the wia-l.- ntui oli- ,, , , ■ ' . , . , . , , . , jectsol iiiniii(.'i- passiiij^ ot that Act was payable within the said Province of pid ^^overti- Lower Canada, mi^'ht be continutd, shall be and tlu- same !i',',''.i'|'t',ix"s\iot is hereby repealed : Provided always that it shall not be to tie npimi 1 I- 1 f " ■ 1 • 1 ^ , ■ 1 ' , I , iiriiitt'd l)v lawlul lor tiie said (lovirnor. with such advice and consent (idverninciit. 144 TIIK CONSTITUTIONAL ACT as aforosuid, to make any law or ordinance imposinr;, or autliori/inji the imposition of any new tax, duty, rate, or impost, except for carrying' into effect local inijirovemonta within tli(! said Province of Lower Canada, oi- any district or other local division thereof, or for the estabiislunent or maintenance of police, or other objects of municipal f^overn- ment, within any city or town or district or otiier local division of the said Province : Provided also tliat in every law or ordinance imposing,' or authorizin-^ the iini)ositioii of any sucli new tax, duty, rate or impost, provision sliall lie made for the levying,', receipt, and apiiropriation thereof by such person or persons as shall be thereby appointed or desij^nated for that purpose, but that no such new tax, rate, duty, or impost shall be levied by or made payable to tiie Receiver-General or any other public officer employed in the receipt of her Majesty's ordinary revenue in the said Province ; nor shall any such law or ordinance as aforesaid provide for the appropriation of any such new tax, duty, rate, or impost by the said (lovernor, either with or without the advice of the JOxecutive Council of tiie said Province, or by tiie (Commissioners of her Majesty's treasury, or by any otlier officer of the Crown employed in the receipt of iier INIajesty's ordinary revenue. Kopeal of tlie provision of 1 & \l \\v.t., cnp 9, prohibiting,' tlie alteration of Acts of I'ar- liiiiueiit; l)iit no law to 1)(! made alfectiiii^ the Toniiioral or Spiritual rit,'hts of llcolo- siiisties, or tho law of tenure. IV. And be it enacted that from and after the passiuff of this .\ct so much of the said recited Act passed in the last session of Parliament as provides that it shall not be lawful for any such law or ordinance as therein mentioned to repeal, suspend, or alter any provision of any Act of the Parliament of Great liritain, or of the Parliament of tlie United Kingdom, or of any Act of the Legislature of Lower Canada, as then constituted, repealing or altering any sueli Act of Parliament, shall be and the same is hereby r.tpealed : Provided always, that it shall not be lawful for the said Governor, with such advice and consent as aforesaiti, to make any law or ordinance altering or affecting the Tem- poral or S[)iritual rights of the Clergy of tiie United Church of J'lngland and Ireland, or of the Ministers of any other religious communion, or altering or affecting the tenure of land within the said Province of Lower Canada, or any part thereof, save so far as the tenure of land may be altered or affected by any law or ordinance which may be made by the said Governor, with such advice and consent as afore- said, to provide for the extinction of any Heignorial rights 145 AM) SUPPLKMENTARY ACTS. and dues now vested in or claimed by tlie Ecclesiastics of tlie Seminary of Saint Sulpice at Montreal witliin tlie said Province, or to i)rovide for tiie extinction of any Sei>;norial rights ^,1(1 dnes vested in or claimed by any other person or p. rsons or body or bodies corjiorate or politic, within the Island of Montreal, or the island called Isle Jesus, within the said Province. V. An.l be it enacted that every law or ordinance to be Law. ote to made by the said Governor, with such advice and consent !"' l'"''"-^'"''' as aforesaid, shall, before the passing or enactment thereof, '" '""""' be published at length in the public Gazette of the said Province of Lower Canada. VI. And be it enacted that for the purposes of this Act noCnition of the per.son authorized to execute the Commission of Gov- ('"^i''""!-. ernor of the Province of Lower Canada .shal' ')e taken to be tile Goveinor thereof. •"'* VII. An.l be it enacted that this Act may be amended or Act ,ur>v I,.. rcpeale.1 by any Act to be [.assed during the present session '"■'"^■'"^^'''l. i''«- of Parliament.''' 1. M ^r 146 THE CONSTITl'TIONAL ACT NOTKS TO Tin: CONSTITUTIONAL ACT AND SUl'PLKMKNTAKV ACT8. 7^ I This stiitiltc is :!I (i<'iirf,'i' III., ca)). 31. Tlu' text is reprinted frcnn t\n' Iiiijieriiil " Statutes at Lar(,'c," l.diHloii, IT'.ll. For a full icport of the diMiates on tlie tiieiisure wliile it was in )iroj,'ress thi'ou!,'h tlie I'.ritisli I'lii'limueiit see ('lareiiddns " Parliamentary ('hrmiieU'," \'ol. III. One ot tlie chief eauses of the I'lissa^'c of thi.s .Vet was the influx of British iniii]i^.'riii]ts, Known ks " I'nited lhii|iiie Loyalists," who settle. 1 at Viirions points alon.L; llie noitii shore of LiiKe Ontinio. and in tlio N'iii;:iira peninsula. ■•i This intention was not earrie(l out till after the .\et was passed. On the Llltii of .VuL'Ust, IT'.U, tw(j "Orders" were passed hy the KiiiK in Couneil. one niakin^^ tlio division of Quebec into Upper and Lower Canada by a boundary detiiied in the "Order;' the other eilin^' this "Order ' and enjoining,' the issue ol a warrant authorizing the (lovernor of (Juebec to tix a day for the .\et to ^'o into opeiatioii. Both Orders iiiCouiu-il ■■re j^iveii at len:.'th in the collection of imjiers entitled "Ontario Houndaries lieforo I'rivy Council, Ins|." Lientenant-(iovenior Clarke, in the absence of liOril Dorcli»!st(!r, procliiimed the 'Jdtli of December, 17'.)1. as tlie day wlieii the division of the Province slKJiild take elfect. Tlie text of his jirocla- mation is f,'iven in Vol. O. of the '• Statutes of Lower Canada." •'Hoe Note 1 to " Kepiesentative .\ssenibli<'s in the Maritime Provinces." •• See. II (ieor^c l\. iV I \\'illiam TV., cai). ."i3. iijiiii iidi'd to this Act. ■'■ For arf^nments for and aiiainst this desi;,'n to create a i)olitical aristocracy f^ce the debates in Claremlon's " Piirliiimeiitary Chronicle," Vol. 111. The projiosal emamittHl from Pitt and was endorsed by Hurke, but was opposed by FoX. who declared his preference for an elective (dmicil. I' The pro(;liimat ion dividinj,' Lower Ciinadii into electoral districts was issued at Quebec by Lit'uteiiiint-Ciovernor Clarke on the 7th of .May. ITilii; the te.xt will he found in N'ol. O. of the " Statutes of Lower Canada." The proclamation dividiiif^ Upper Canada was issueil at Kinj,'ston by Lit'uteinint-(io\ernor Siincoe on the IGlli of .luly, IT'.l'J, and the text of it is ^liven in full in ThomHoii and McFarlaiie's col- lection of " Statutes of Upper Canada. IT'.H-IKil, ' (Kinj,;ston. l.s;il). T Lieuteniiui-(ioveriH)r Cliirke's protdamatinn annoiincint,' the issue of writs for the election of the tirst Lower Canadian Assembly was dated the 14th of May. 1792. and the writs wi'ie made returnable on the lOth of July following. The text of the proclamation is j^ivi'ii in \'ol. O. of tlit^ " Statutes of Lower Canada." s See Note -I above. The tirst Parliament of Lower Canada met iit Quebec on the 17th of December, I71''2. For an account of its organization and work see Christie's ''History of the Late Province of Lower Canada," Vtd. I., cap. IV. The lirst Parliament of Upper Camilla met at Niat^ara, then Newark, on the 17th of September. 1711-. An account of its work will be found in Head's " Life of (lovernor Simcoe." lu Comiiiire sections ,")0, .S"), h(), and i^s, of the Hrltish North .\meriea Act, 1H67; sections :t and t of chapter 11 of tlio Revised Statutes of Ontario, IHHT \ and article 111) of the Uevised Statutes of Quebec, ]8,S,S. II The ordinances above referred to is 3'2 (ieorge III., cap. 1. It was passed as a teni)iorary measure, and its operation was prolonged in Lower Canada by .\ct of the first Parlianu'iit. 33 (Jeort^e HI., cap. 3. This was in turn repealed by M Cleorge III., cap. I). In Upper Caiuida a Clourt of Appeal was established by 34 George III., cap. 'J. I.! Tithes payable to the i lert,'y of -'tint Protestant Cburcli" were uboliBbed by .\ct ol the I'ppi'i- Can.idian Legislature {'2, George IV., cap, 32). AND SUPPLEMENTARY ACTS. 147 IM Tlic Iiiipi'i-iiil Statutes (li'iiliim fiirtlu'i" witli the l^lcruy Uoscrves aro the fol- lowing;: 1) (iooi'Ho IV., cap. .V.i ; 7 it H (ionr^'o IV., fii)). (iJ ; :! & 4 Vict., cnii. V^ ; iiiiil If' & 17 Vict., cap. 21. 14 Uiidor tlic Miitliority of those clan.sos Sir .Tolm Colhonio, when LieutcnRut- fiovoviior of I'ppi'r Cantida, in l.s:!(i issued h'ttt^rs patent creatiiiL; fifty-seven rectories. The text of the iiistnunent wliicli created and enilowed tlio " I'ars(iiiaj,'o or Kectory of St. James," in the townsliip of York, is f^iven in full in the hill tiled in Chancery in the "Rectories Case," August •2'>tli, Is.rJ, by .\ttorney-(ienernl Richards. The prayer of the hill wasthnt tht- letters patent should ho declared void and that the lands constituting the endowment should he f,'iven up. The decisioTi of the Court was that tlu! Lieiitenant-Ciovernor hud authority under these sections to create and endow rectories, and this decisidii has never since heeu reversed. Seethe volume known as "The Rectories Case, Upjier Ciinada," con- taining the bill in (.'liancery and iniiny other docunionts; Vols. V. and VI. of Orant's Cliancory Reports, L'ppijr Cmada; "Relit,'ious Kndowments in Canada," by Sir Francis Hincks (London, iKGi)); and "Reminiscences of His ruhlic Life," hy tlio same author. 15 The "cler^'y reserves " were secularized in is.")! by .\ct of the Canadian Parlia- ineiit. 1^1 Vict., cii)). 2. Later I'nactmonts dealt with the uses to which the funds obtained hv the sale of the lands should be put. It) The boundary line between Upper and Lowi^rCanada from the St. Lawrence to the Ottawa river (see Appendix i was located with ii view to exclndinj,' from Upjier Canada as many as possible of the existing Seit,'noriis. 'l"his design of converting feudal tenures into free and common soccaKo holilinj,'s, was the motive of several subsequent enactments of the Imperial Parliament. See:) (ieorf,'e TV, cap. 11': (J (iei r^'o IV., cM.p ")',l ; and 1 William IV., cap '20. The Canadian Statutes dealing with the same subject avu H Vict., cap. \-2; \'2 Vict., cap. li) ; and is Vict., cap. :i. The last of these is 'The Seiunorial \i{" of is.">t, which abolished "all feudal rights and duties in Lower Canada." See note VI to the " Quebec Act, 1774." 17 The instructions to (iovernor Carleton in 177."), and to the same ollicer as I^ord Dorchi ster in 17.ii;, authorized him to grant lauds anywhere in the then I'rovince of Quebec, on feudal tenures. IH See "Colonial Taxation .\ct " above, I'J Disputes soon arose between Upper and Lower Canada over the division of the revenue from customs duties on j^oods imjiorted by way of the St. Lawrence \n agreement was arrived at in 1H17, that one-fifth of all the duties collected iu' Lower Canadashoulil be paid to Upper C anada. iind this was ratilied in the follow- ing year by .Vet of I'luiiament of Ijower Canada (.'i.S (ieorge III., cap, 1), ami by .\ct of Parliament of Upper Canada ('iH (ioorge. III., cap. i:i). The Lower Canadian Statute expired on the first of July, l.sh), and the Assembly refused to renew it. This refusal ultimately led to the passage of the Imperial Statute known as ' The Canada Tradi! .Vet" Ci Cieorge IV., cap 1111), which made permanent the agreement that one-tiftli of tlie duties should go to Uiiper Canada. See Christie's "History of Lower Canada.' Vol II., cap. 23. 'JO See N'ote 2 above. ■.ii See Notes 7 and >.) above . -'•! This Vet is 11 George IV. & 1 WiUiaiii IV., cap. 53. The text is reprinted from the Imperial "Statutes at Large." London, 1.S32. as See " The Constitutional .Vet, 1791," section 1. M The Knglish " Hansard " does not give any of the discussions on this measure in its progress through Parliament, and the Canadian histories are silent as to the reasons for its enactment. H.C.C. 10 148 THK CONSTITUTIONAL ACT. M Thin 8tat\ito is 1 A- 2 Vict., oap. •». Tlio text is rt^priiited from tlio Imperial " Statutes at Lar^'a," l/ouiioii, lH.iH. a" For an account of tlio state of tlio Province which led to the imssinp of this Act see Christie's " History of Lower ("aiiatla," Vol. IV.; (larnoau's "llistoire du Canada," Vol. HI.; and Lord Durham s Uoport. On the (Uh of March, 1n3(), the ISritish House of Coiiimnii'; adopted a scries of resolutions which declared it inex- pedient to comply with till! (leiiiaiid of the Let^islative Assemhly fnr an elective LoKislative Council. When the Assemhly intit the followim,' year it accepted these resolutions as "a formiil and total refusal of the refurms and improvements" demanded hy that Hnuse. The Leuislature met on the IHth of AuKUst, IHItV, and on the 2()th of tlie same month it was proroiiiKHl hy Lord Gosford never to he siimmoneil attain. The immediate! result was a resort to arms on the part of the leaders of the .\ssemhly, and ii more remote one was the i)Mssat,'(! of this Act hy tlu' Kritisli Parliiimi'iit in Kel)ruary, lK!s, and its proclamation in liower Canada on tho'2'.)th of .Man'h tolh.wiiii,'. ■J7 The i)(>rmaneiit arraULtemeiits here Cfintemi)late(l wcn'o not made till the Union .\ct was imssed in IslO. The intention was to make such arrangements diir- inn the same session. See section IX. of this .\ct. 'J« The first Coiuutil. which was called hy Sir .John Colhurno as admhiistrator. pending Iiord Durham's arrival, was composed of eleven French and cdeven I'ln^'- lish memhers ; their names are j^iven in Christie's •'History of Liiwer Canada," Vol. v.. p. .'"):!. 2'.> Tliis .\ct is 1 ,^- ■> \'ict., cap. Il-J, It is reprinted from tlie Imperial "Htatulcs at liiirHe," London, isjs. :«• When Lord Durham arriv<'d in Lower Canada, as (invernor, he found niiiiiy of the iiisur,;,'eiits still in prison, am! in order to t,'et rid as easily as possihle of tlie dillicully created hy their detention i'o secured the previous consent of the leaders of the movement to th(;ir own haiiishio'Mit, and had this ordinance passed by hi.s ■'Special Council "on the 2sth of .rmie. i.'J«. The text of the document will he fouiiil in the collection entitled "Ordinances :\Iade and I'assed hy the Govcrnor- (leiieral and Siiecial Council for the .Mfairsof the Province of Lower Canadii," Vol. II. It is civen in Christies " History of Lower Cana Sri'l'LKMENTAUY ACTS. 149 THE UNION ACT, 1840, AND SUPPLEMENTARY ACTS. tn Act^ tn rr-uiiitf f/ir I'rorinns di' I'li/irr anil Lmrrr Canaila, ami fur tin' iinrmiiiiiut nf ( 'innnlii . [23bp July, 1B40. WluTcas it is necessary that provision he made for the ijoocl f^overniiieiit of the I'roviiices of I'pjjer •:.m\ Lower Canada, in such manner as may secure the rif^hts and liher- ties and promote the interests of all classes of her Majesty's -;uhjects within the same : And whereas to tliis end it is expedient'^ that tlie said Provinces he reunited to form one Province for the purposes of executive f^overnment and iej^islation : Be it tlienfure enacted by the (j)ueeii's Most Excellent INIajesty, by and with the advice and consent of the fjords Spiritual and Temporal, and Commons, in the pre- sent Parliament assemljled, and by the authority of the Di'dttiatidn of same, that it shall be lawful for her Majesty, with the advice of her l'ri\y ('ouncil, to declare, or to authorize the (lOvernor-General of tlie said two Provinces of Upper and Lower Canada to declare Ijy proclamation'' that the said Provinces upon, from, and after a certain day in such pro- rlamation to be appointed, which day shall be within iifteen calendar months next iifter the passing' of this Act, shall form and be one Province under tlie name nf the Province of Canada, and thenceforth the said I'rovinces shall consti- tute and be one Province under the name aforesaid upon, from, and after the day so a[)])ointed. as aforesaid. L'liiou. II. And be it enacted that so much of an Act* passed in l!ei>eal of Acts the session of Paidiament held in the tliirty-first year of the reign of Geort,'e the Third, intituled, " An Act to repeal cer- tain parts of an Act passed in the fourteenth year of Ilis Majesty's Rei^'n, intituled 'An Act for making more effec- tual Provision for the Government of the Province of Que- bec in North America,' and to make furtlu'r Provision for the Government of the said Province," as provides for con- stituting and composing a Legislative ( junciland Assembly within each of the said Provinces respectively, and for the !1 (i ,i, C. ,J1. 150 TlIK INrON ACT l&2Vic.c.9. maluii^ of laws; and iilso tlic whole of an Act'' pass(tl in tlic session of I'arliiinicnt liild in the (irst and second yesirs of tlie reij,'n f)f her [iresent Majesty, intituled '• An Ai't to maUc Teniporiiry Provisifjii for the (lovernmcnt of l,o\S(r Canada;"' ami also the whole of an Act'' passed in the ses- 2 A- ;t Vict. c. .">:!. *^i"" '^^ I'arlianient held in the second ami third vears of the reiu'n of her present Majesty, intitnled "An Act to Amend an Act of tlie last .Session of Parliament for making' Tein- ))orary I'rovision for the CJovornment of liower Canada ; ' 1 & iiW. 'l.c.'i'i. ami also the wlude of an Act" passed in the session of Par- liament held in the first and second years of the rei).'nof his late Majesty, Kinj^ William tiie I'Vinrth, intitulid •■ An Act to amend an Act of the fourteenth year of His Man^ty, llG.li, OH. Kiuj^ (ieorj^e the Third, for establishing a fund towards defraying' the Char^'es of the Administration of Justice and the Hui)port of Civil Government in the Province of (^Hieheo in America; " shall continue and renuiin in force until the day on which it shall be declared by proclamation, as afore- said, that the said two Provinces shall constitute and be one Province as aforesaid, and shall be repealed on, from, and after such day : I'rovided always that the repeal of the said several Acts of Parliament shall not be held to revive or }^ive any for(!e or etiect to any enactment wbicli has by the said .\cts, or any of them, been repealed or determined. CcinipositiDn iiiul I'owers ef Li;«islaturc. 111. And be it inacted tiiat from and after the reunion of the said two Provinces there shall be within the Province of Canada one Lej^ishitive Council and one Assembly to be sevei'ally ccuistituted and composed in the nuinner herein- aftt'r prescribed, which shall be called " The Lej^islative Council and Assembly of Canada ; " and that within the Province of Canada lier INIajesty shall have power, by and with the udvice and consent of the said Legislative Council and Assembly, to make laws for the peace, welfare, and ^.'ood j,'()\i'rnment of the Province of Canada, such laws not beiuf^ repu;4nant to this Act, or to such parts of the said Act" passed in the thirty-lirst year of the reign of his said late ^Majesty as are not hereby repealed, or to any Act of I'arlia- nient made or to be made and not hereby repealed, which does or shall by express enactment or by necessary intend- ment extend to the Provinces of Upper and Lower Canada, or to either of them, or to the Province of Canada ; and that all such laws being passed by the said Legislative Council and Assembly and assented to by her Majesty, or assented r AND STTPLKMENTATIY ACTS. 151 to in lior Miijost..''s iiaiu'' by tlic (lovoriior of tlu- I'roviticoof Ciniula, sliiill be valiil ami Ijiiiiliiit,' to all iutuiits and [>iir- |)iwcs witliiii lliL' I'luvincc of Cuiiaila. I\'. And bu it enai.'tud tli.it for the purpose of coniposini,' ApiidiiitnuMit 1 r • 1 ^- r\ -1 c ii i> • en 1-^1 II "• l-l't-'i-^llltivo till' Legislative Co;uiciI of the i. rovuice of (yanad.i it shall coimcillors. be lawful foi- licr Majesty, befori' liio time to be ai)poiiiti'd for tlu' tirst inectint^ of the said Li'^isjativc (.'oiuhmI and A-^cnibly, by an iiistrnincnt under tlu- si^n manual, to iiulliorize the Governor in lier Ma,ji>-ity's nanu'. by an insiru- ineiit under the (ireat Seal of the said I'rovinee, to sninnion to the said Le;,'islative (.'ouncilof the said Province sneh per- >tiMs, beiii'4 not fewer than twenty, as her Maie-^ty shall tiiink lit: and that it sliidl also be 1 iwfnl for her IMajestv from time to time to autluirize the (iovernor in like manner to siniimoii to tlu; said Lej^islative Council such other person or |)ersona as her ^Majesty shall think fit, and tliat every i)er- son who shall be so summoned shall thereby become a mem- hi'i' of the Leftislative Council of the Province of Canada : Provided always, that no person shall be summoned to the QuuliiicMtinn said Lej^islative Council of the Province of Canada who'','' l-'^^i-^'ative shall not be of the full at,'e of twenty-one years, and a natural-born subject of her ^Majesty, or a subject of her !\Iaiesty naturalized by Act of the Parliament of (Ireat Ih'itaiii, or by Act of the Parliament of the Uniterl Kintjdom of (ireat liritain and Ireland, or l)y an A(;t of the Ijeu'isla- ture of either of the I'rovinces of Upper or Lower (Canada, or l)v an Act of the Le''islature of the Pro\ince of Canaila. \'. And be it enacted that every member of the Let,'islative Teniii-cof dUicc Council of the Province of Canada shall hold his seat therein '"' ^-""'"••'■'<"' for the term of his life,' but subject nevertheless to the [iro- visions hereinafter contained for vacatiu'' the same. VL And be it enacted that it shall be lawful for any i;esii,'iiatiiiii of rnomber of the Legislative Council of the Province of (Janada c^nmunior, to resign his ; oat in the said Legislative Council, and upon such resignation the seat of such Lej^islative Councillor shall become vacant. VII. And bo it enacted that if any Lej^islative Councillor Vacatini,' seal of the Province of Canada shall for two successive sessions ^^ '^'' ''^'"'^'^' of the Le^'islature of the said Province fail to -.live his attend- ance in the said Le<^islative Council, without the permission 152 TITK UNION ACT of her Majesty or of the Governor of the said Province sijjni- fied by the said Governor to the Let,'islative Council, or sliall take any oalli or make any declaration or acknowledf,Miiciit of allej,'iance, obt'dience, or adherence to any foreij^n prince or power, or sliail do. concur in. or adopt any Act wherebv he may become entitled to the rij^hts, privilej^es, or immuni- ties of a subject or citizen of any forei^jn state or power, or shall become baidh, Waterloo. Wilniot, Dumfries, Puslinch, Lramosa ; and that the East llidiui^ and West Ridinj^ of the said County shall each be represented by one member in the Le^^islative Assembly of the Province of Canada. XIV. And he it enacted that the County of Xctrtluimber- coiuiiv nf land in the Province of Upper Canada shall be divided into i^,',*,^'"""''^'' two ridini^s, to be called respectively the North Hidin;^ and the Soutii Uidiui,'; and that the North KidiuL,' of the last- mrntioned County shall consist of the following townships, nami'ly : Mona'^han, Otonabee, Asphodtd, Smith, J)ouro, Dummer, JJelmont, Methuen, IJurlei^h, Harvey, Lmily, Core, llnnisniore ; and that the South Riding of the last- mentioned County shall consist of the following' tosvnshii)s, namely : Hamilton, Haldimand, Cramak, ]\lurray. Seymour. Percy; and the Noith Hiding' and South Itidinji of the last- mentioned County shall each be representetl by one member in the Let^islative Assembly of the Province of Canada. 154 THE UNION ACT Cduiity of Liii coin. .\\\ Ami l)e it ouiictcd that tlu" ('Duiity of Lincoln in tl\e Province of Upper CJanada shall be divided into two riilinj,'^, to 1)6 called res[)ectively the North lUdinj,' and the Sontli Hiilinj,'; and that the North Ridinj^ shall be formed by nnitin^' the I'^irst ]\idin^ and Second l^idinj,' of the said I'oiinty, and the South liidin<^ by unitin;,' the Third Hiding and Fourth iiidinj^of the said County; and that the North and South Ridin<,'s of the last-mentioned County shall each be represented by one member in the Le<^islative Assembly of tlie Province of (.'anada. X\'I. And be it enacted that e\ery county and ridin;,'. otlu'r coiisiituoiiuy j],.^„ ^],Qyj^ herein-before specified, which at the time of the Otlicv county coiisiituoiiuy of I'pinir (..an- ada- passinj,' of this Act was by law entitled to be represented in the Assembly of the Pi'ovince of I'pper Canada, shall be repi-esented by one nu'ml)er in the Le<,'islativu Assembly oi the Province of Canada. Town constitii- XV'II. And be it enacted that the City of Toronto shall eiicy of Ijiiiier j^^ represented bv two members, and the towns of Kiu'iston, Urockville, Hamilton, Cornwall. Niaj,'ara, I^ondon, and Jiytown shall each be represented by one niembei' in the Legislative Assembly of the I'rovince of Canada. County con- XViTL And be it enacted that every county which before Ijower Caii'iif'a '^'"^ "-^ ^'^'-' time of the passing of the said Act'" of Parlia- 1 & ii \ ict.c. r : and tliat each of tlio said Counties of Montmorency, Leinster, Iliintin^'don, and Dorcliester shall be represented l)y one nienil)er i)i tlio Legislative Assembly of tlie said Province of Canada. XX. And be it enacted tliat the Cities f)f (Quebec and Town constitu- -vT 1. 1 1 II 1 1 i 1 1 i. 1 1 eiiov iif Lower Aloritreal sliall eacli be I'ejjresented by tvo nienioers, and (..^,j,^jg^ tlie Towns of 'J'hree Itivers and Sliei'brooke shall each l)e represented by one member in the Legislative Assem))ly of the Province of Canada. XXI. And be it enacted that for thc! purpose of electing I'miiiKlarios nf til' ir several representatives to the said Legislative Assem- townVtc) be blv, the cities and towns hereinbefore mentioned shall be ^y'^'^b'd l>y the Cioveriiiir. deemed to be bounded and limited in such manner as the Governor of the Province of Canada, by letters patent under the Great Heal of the Province to be issued within thirty days tfter the union of the said Provinces ot U[>per Canada and Lower (Canada shall set forth and describe: and such jjarts of any such city or town (if any), which shall not be imduded within the boundary of such city or town respectively by such letters patent for the jiurposes of this Act. siiall l)e taken to ho a part of the a(lj'jiiiin<,' county or riding foi- the purpose of beim; re[)resented in the said Le^islat i\e Assembly. XXII. And be it enacted that for tlu' pur[)ose of clectinj^ lU'tunuiiL; the members of the Legislative Assembly of the I'rovince of Oihcers. Cauatia it shall be lawful for the CJovernor of the said l*i'o\inci.' from time to time to nominate ])roj)ev persons to execute tlu; ot'lice of Ketui'uin;,' Ot'licer in each of the said counties, rid- iu.tjs, cities, and towns, whicdi shall be represi'uted in tiie Lej,'islative .Vssembly of the Province of Canada, subject nevertheless to the iirovisions hereinafter contained. XXIII. .\nd be it enacted that no person shall be oblij^ed Term of nitici' to exc^cute the saul oth'^e ot lieturiiin^ Olhcer toi- any lon^'er om^^^yr. term than one vear, or oftenor tinin once, uidos it shall be at any time otherwise provided by some .\ct or .Vets of Legislature of the Province of Canada. the XXIW And be it eiuvcted that writs for tlie elecjtion of Writs of dec- members to serve i:i the Lej,'islative Assembly of the I'ro vince of Canada shall be issued bv the Governor of the said 156 THK IN ION ACT Province witliin fourteen days after the scalin{» of such instrument, as aforesaid, forsunniionin.i,' and calling' toj^ether such Lef^islative Assembly; and tliat such writs sliall be directed to the returning' officers of tlie said counties, rid- ing's, cities, and towns respectively ; and that sucii writs shall 1)(-' made returnable within fifty days at farthest from the day on which tliey shall bear date, unless it shall ataiiv time be otherwise provided by any Act of the Lej^islature of the said Province ; and that writs shall in like mainu'r and form be issued for the election of members in the case of anv vacancy wliich shall happen by the death or res! sanation of the person chosen, or by his beint,' summoned to the [legis- lative Conned of the saiil Province, or from any other lei,'al cause; and that such writs shall be made returnable within fifty days at fartliest from the day on which they shall i)ear date, unU'ss it shall he at any time otherwise pro\ided by any Act of the Ije^islature of the said Province ; and that in any case of any such vacancy which shall ha|)pcn by the death of the person chosen, or by reason of his bein^ so sum- moned as afoi'esaid, the writ for the election of a new mem- ber shall be issued within six days after notice thereof shall have been delivered to or left at the office of the proper officer for issuintl such writs of election. I'owor to alter system of re- l)rcsoiitatioii. XWF. And be it enacted that it shall be lawful for the JiCi^islature of the Pi'ovinceof Canada, 1)\- any Actor Acts' ' to be hereafter passed, to alter the divisions and extent of the several conntie's, ridings, cities, and towns which sliall be represented ill the Leijislative \ssembly of the Province of Canada, and to establish new and other divisions of the sitnu'. and to niter the Hiiportionmeiit of representatives to be chosen iiy tlie said counties, ridings, cities, and towns resjiec- tively, and make a new and different aiiportionnieiit of the number of representatives to be chosen in and for those [larts of the Province of Canada which now constitute tlie said Provinces of I'piierand Lower Canada respectively, and in and for tlie several districts, count ic^, ridings, and towns in 1 XW. And be it enacted that it be lawful for the Time and pine t>f lioldinh'eloc- (;,,\^.,.,„),. ,)f (.he Provinei! of Canada for the time beiie' to tiou.s. fix tile time and place of holdini; elections of niemlters to sei've in the lie;4islative Assembly of tin; said Province, until otherwise iiroviiU'd for as hereinafter mentioned, i^ivin^; not less than eijiht davs" notice of such time and place. ANO SrPPr-KMKNTARY ACTS. 167 the same, and to alter and re^'ulate the appointment of returnin;^ officers in and for the same, and make provision in such manner as they may deem expedient for tlie issuin,<^ and return of writs for tlie election of members to serve in the said Legislative Assembly, ami the time ;uid (ihu'e of holdinj^ such elections : Provided always that it sliall not be I'mviso. lawful to present to the Cioveniorof the I'rovinceof Canada for her Majesty's assent any bill of the Lei^islative Council and Assembly of the said Provincx' by which the number of rei)resentatives in the Tje.Ljislative Assembly may be altered, unless the second and third reading' of sucii bill in the Legis- lative Council and the Ije;4Lslati\-i.' Assinnbly shall havi' been passed with the concurrence of two-thirds of the members for the time bein^'of thesaid Ije.!4islative Council, and of two- thirds of the mcmijers for thi; time beim; of tin; said Legis- lative Assembly respectively, and tiie assent of hci' ^fajesty shall not be,L;iven toany such bill unless addresses shall have been presented by the Ijc^'islative Coimcil and tlie L<'^is- lativo Assembly respectively to the Covernor, statin;^ that such bill has been so [)assed. XX\'II. And be it enacted that until piovisions shall I'lio pre>< nt eiri'tioii laws 1 I'lM- iM'Ply otlu'rwisc be made by an Act or Acts of the Lciiislalure of ^^j ^^^ .^^. the Province of Canada all the laws which at the timi' of the viiices to ,.,,.,, • n • , 1, • ,. ,- until alteieil. passniL! or tins Act are in torce in the ProMUcecf [.p[)er (Canada, and all tiie laws which at the time of the))assin^'of the said Act'-' of Parliament, intituled ".\nAct to make lit- Vict. c. U. temporary provision for the (lovei-nment of Lower Canad;i.'' were i)i force in the Province of liOwer Canaila. relatinu' to the (jualitication and disfjualijication of any jn^rson to i)e elected, or to sit or vote as a member of the .v-.. ilo declare and testify that I am duly si'i>-cd at law oi' in caiulidates for "cquit)' as of fnudiold, for my own use and beuelit, of lauds or " tencniciits hold in free and (miimuiou siiccat,'e 'n/'duly soised or "l)ossesscd fdi' my own n^o and IxMielit, of lands or tenements held "ill t'u'f or In roture las the case may l)ei,] In the Province of Canada, "of the value of live hundred pouuds of sterliu^^ money of Great " r.ritain, over and above all rents, niortL;a,;(!s, ehari,'(.'s, and iiuMiiu- "liraiices charged upon, or ibie and payable out of. or alfcctin;,' the 'same; ami that. I have not eollusively or cidourahly obtaliuxl a " title to or become possessed of the said lands and tenements, or "any i)art thereof, for the |)iiri)ose of ((iialifyiiii,' or enabling' me tn "be returned a vuMuber of tlie I jc.i;isla live. Vssi'mlil>' (d' tlie I'ro vine " of Canada." elect ion. ties of perjury. Persons iiiak- XXIX. And be it enacted that if any person sball know- 'diuiitioii'liiible '"''^'y iind wilfully miike a false declarittion respectinj^ his to tile penal- (pi.ililication as a candidate at any election as tiforesaid, sucii person sball be deemeii to be oniUv of a misdemeanor, and bein)4 thereof lawfully convicted shall suffer the like jiiiins aiul jienahies as by law ai'e incurred by persons •guilty of wilful and corrupt jierjury in the place in wiiicii sucii false declaration shall ha.\e l)een nuide. Place and XXX. And be it enacted that it sliail be lawful for the times of hold- (|„vernor of tlie Province of Canada for the time beinj,' to lilt; Parlia- " meut. tix such plai-e or ))laces''' within any jiart of the Province of Canada, ami such times for hoUliue tiie lirst and every AND SUPPLEMENTARY ACTS. 15!) other session of tlie Le^'islativc Council iind Asseinl)ly of the said Province as he may thini< fit, siicli times and placL's to be afterwards ehanj^CMl or vui'ied as the Governor nniy jud^c advisable and most consistent with ;ieneral convenience and the public welfare, fjivinj,' sufficient notice thereof; and also to [)roro^'ne the said Legislative Council and Assembly from time to time, and dissoK'c tlie same, by proclamation or otherwise, whenever lie shall deem it expedient. XXXr. And he it enacted that there shall he a session of ntn-ntion of the I.ej^islative Council annd her to the utmost "of my power nfiainst all traitorous eonsiiiraeies and atteiii|)ts " whatever, which shall he made at,'aiiist her i)ersoii, crown, am! "di^;iiity ; and that I will do my utmost endeavour to diselosi! and •• make known to her Majesty, her heirs and sue(!es^^ors, all treas(]ii.s " and traitorous consitiracies and iitieiii|its which I shall know to '• he against her or any of them ; and all this I do swear without any " e(|uivo(;ation, mental evasion, or secret reservation, and renouiic- " iiif,' H.ll |iardi>ns and disjieiisalions from any fierson or i)orsoiis '• whatever to tlii^ contrary, SO MKLP Ml-: GOD." .•VQirmaiion m XXXN'l. .Vnd hv. it enacted thai every person authorized stead of oath. ^^^. ^.^^^. ^^^ nnike an ariirmiitioii instead of taking an oath may make such aflirnuxtion in every case in which tin oath is hereinbefore retpiired to be taken. (iiviiij^ or with holdiiij^ assent to lulls. XXX VII. And be it enacted that whenever any bill which has been passed by the Tiegislative Council and Assembly of the Trovince of (Canada shall be iiresented for her IMajesty's assent to the Governor of the said I'rovinee, such Governor shall declare according to bis discretion, but subject never- theless to the provisions contiuned in this Act, and to such instructions as may from time to time be given in that behalf by her Majesty, her heirs or successors, that he assents to such bill in her Majesty's name, or that he with- holds her Majesty's assent, or that he reser\es such bill for the signiiication of her Majesty's pleasure thereon. l)is;illowanee XXXVllI. And be it enacted that whenever any bill, ot hills as- which shall have been presented for her Majesty's assent to leiited to. »■ J J AND SriM'L?:MP:NTAUY ACTS. 101 the (Jovcnior of the sniil I'rovinco of Canada, sliall by hucIi (iovcrnnr liavc been absented to in hc>r Majesty's name, such (lovcnior shall by tlio first convi iiii'iit ()))|)ortiinity transmit to ono of Ik'T Majesty s principal Secretaries of State an HUthciitic copy of snch bill so assented to ; and that it shall 111' lawful at any time within two years after such bill shall iiavo bcu'ti so received by snch Secretary of State, for her Majesty by Order in Council to declare her. disallowance of such bill; and that sucli disallowance, toj^ether with a cer- tificate undi-r the hand and seal of such Secretary of State certifying,' the day on which such bill was recei\ed as afore- said, beinj^ sij^nitied by such (invernor to the Le^'islative Council and Assendjly of Canada by speech or messai,'e to the Legislative Council and Ass(.'mbly of the said Province, or bv proclamation, shall make \()id aii'"-' 4 and callinj,' to^'ether the Lei^is- lative Council and ijef^islative Assembly of the Province of Canada and for proroLjuin^' and dissolvin.n the same, and all writs of summons and election, and all writs and juiblic instruments whatsoever relating' to the said Lcj,'islative Council and Lej,'islative Assembly or either of them, and all returns to such writs and instruments, and all journals, entries, and written or printed proceedin-is of what nature soever of the saitl Lef^^islative Council and Lej^islative Asseiii- 1 \ AND Sri'l'LE.MKNTARY ACTS. l.ly and eiich of them respectively, and nil written or printed |irii(eodin;,'s and reports of committees of the said Legislative , ( Onncil and Lefiislative Assemhly respectively, shall be in ' llie I'^nt^lish lanj,'nai,'e only:'"^ Provided always, that this eiiartmeiit shall iint be constrned to prevent translated (■ ipies of any such d(jcunients beinf^ nnide, bnt no such copy f ^hilil be kept amon)4 the records of the Legislative Council ; .■r Lef^islative Assembly, or be di-cmed in any case to have tlie force of an ori'^inal record. 163 Ok said tinlis. LeLiis- lee of nd all ihlic native udall rnais. lature sseni- XLIL And be it enacted that whenever any bill or bills Koolosiiistical ■ II 1 1 1 i.1 r ■ 1 .• I' -1 11 11 o mill I 'ruwii snail l)e passed l)y the Iwej^'islative Conneu and Assembly of ^-i.tIj^^ the I'nivince of Canada containinj^ any provisions to vai-y or re]i.al any of the provisions now in force contained in an Act of the Parliament of Great Britain passetl in the four- n G. :5. c. s:). teenth year of the reij^n of his late Majesty Kinjj Georj^e the 'I'liird, intituled "An Act for Tnakinj,' more effectual provi- sion for the Government of the Province of (Quebec in IS'orth America," or in the aforesai^,^!'^'|.^,^j}.'^>'jj,, vear of the rei^n of his late Majestv, Kin;; Gcorf,'e theTlnrd, the Kxeciltive 1 ii \ i » I) r " .. I » i. f i.1 (oiuicil, or or by any other Act of Parliament, or by any Act of the alouo. Lej,'islature of the Provinces of Upper and Lower C!anada respectively, are vested in or are authorized or recjuired to be exercised by the respective Governors or Lieutenant- (iovernors of the said Provinces, with the advice or with the advice and consent of the JOxecutive Council of such Pro- vinces respectively, or in conjunction with such Hxeciitive Council or with any number of the members thereof, or by the said Governors or Lieutenant-Governors individually and alone, shall, in so far as the same are not repugnant to '•ii 1 1 I 168 sssrassm THE UNION ACT Existing laws saved. Courts of Jus- tice, Couiiiiis- siouB, Otllcurs, etc. or inconsistent with the provisions of this Act, be vested in and may be exercised by the Governor of the Province of Canada, with the advice or with the advice and consent of. or in conjunction as the case may require with such Execu- tive Council, or any members tliereof, as may be appointed by her Majesty for the affairs of the Province of Canada, or by tlie said Governor of tlie Province of Canada individually and alone in cases when tlio advice, consent, or concurrence of the Executive Council is not required. XliVI. And be it enacted that all law.-!, statutes, and ordi- nances which at the time of the union of the Provinces of Upper and Lower Canada shall be in force witliin the said Provinces or either of them, or any part of tlie siiid Pro- vinces respectively, shall remain and continu'! to bo of the same force, authority, and effect in thoHe parts of the Pro- vince of Canada which now constitute the said Prr vines respectively as if tliis Act had not been made, and ■ if the said two Provinces had not been united as aforesaid, except in so far as tlie same are repealed or varied by this Act, or in so far as the same shall or may hereafter by virtue and under tlie authority of this Act be repealed or varied by any Act or Acts of the Legislature of the Province of Canada. XLVIL And be it enacted that all the courts of civil and criminal jurisdiction within tlie Provinces of Upper and Lower Canada at the time of the union of the said Provinces, and all legal commissions, powers, and authorities, and all officers, judicial, administrative, or ministerial, witiiin the said Provinces respectively, except in so far as the same may be abolished, altered, or varied by or may be inconsistent with the provisions of tliis Act, or shall be abolished, altered, or varied by any Act or Acts of the Legishiture of the Province of Canada, shall cmtinue to subsist witliin those parts of the Province of Canada which now constitute the said two Provinces respectively, in the same form and with the same effect as if tliis Act had not been made, and as if the said two Provinces had not been reunited as afore- said. Provision re- XLVIIT. And whereas the Legislatures of the said Pro- BpectiUg tern- . ,tt it n ii e i.' ii- porafy Acts. vinces of Upper and Lower 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 ses- AND SUPPLEMENTARY ACTS. 169 sion of the Legislature of the Province in which the same were passed " ; be it therefore enacted that whenever the words, "and from tlience totlie end of the then next ensuing session of the LegisUiture," or words to the same effect, hav been used in any temporary Act of eitlier of the said two Provinces which shall not liave expired before the reunion of the said two Provinces, the said words shall be construed to extend and apply to tlie next session of the Legislature of t' J Province of Canada. XLIX. And whereas by a certain Act passed in the third Repeal of part year of tlie reign of his late Majesty, King George the Fourtli, ' •• . c. i. . intituled, "An Act to regulate the Trade of the Provinces of I'pper and Lower Canada, and for other purposes relating to the siiid Provinces," certain provisions were made for appointing arbitrators with power to hear and determine certain claims of the Province of Upper Canada upon the Province of Lower Canada, anwn. bo aci-epted and taken by her Majesty by way of (Mvil List, instead of all territorial and other revenues now at the dis- posal of the Crown, arisin;,' in either of the said Provinces of l'p{)er (!anada or Lower 'anachi, or in the Province of Canada, and tliat three-fifths of the net produce of the said territorial and other revenues now at the disposal of the '^'rown within the Province of Canada shall )n!-'^'' to affect the payment out of the said consolidated revenue viiice. fund of any sum or sums heretofore charfjed upon the rates and duties already raised, levied, and collected to and for the use of either of the said Provinces of Upper Canada or Lower Canada, or of the Province of Canada, for such time as shall have been appointed by the several Acts of the Le;,'i8- lature of the Province by which such charges were severally authorized. LVI. And be it enacted that the expences of the collec- The order of tion, management, and receipt of the said consolidated (.,','J',^'^']'j',(,^t^,|j'° revenue fund shall form the first charge thereon; und ^""''<• '" ''"• - that the annual interest of the Public Debt of the Provinces of collt'ctiiiii ; of Upper and Lower Canada, or of either of th.em, at tbe q"'|jjp'^jjI|'J[^''^' time of the reunion of the said Provinces shall form the second cluirf^ci thereon; and that the payments to be urd. Payments made to the clergy of the United Cliurch of England and '° ^''" ^'^''■•''^■' Ireland, and to clergy of the Church of Hcotland, and to ministers of other Christian denominations, pursuant to any law or usage whereby such payments before or at the pass- ing of this Act were or are legally or usually paid out of the 172 THE UNION ACT 4th and 5tli Civil List. (itli. Otlier alroady iiindo on the I'liblic Heveiiue. public or Crown revenue of either of the Provinces of Upper and Lower Canada, shall form the third charge upon tlie said consolidated revenue fund ; and that the said sum of forty-five thousand pounds shall form the fourth charge thereon ; and that the said sum of thirty thouHiuid pounds, so lon« as t)ie same shall continue to be payable, shall form the fifth chart,'e thereon ; and that tl\e otlier char^jes upon tliL' rates and duties levied within the said Province of Cuiuula hereinbefore reserved shall form the sixth chart,'e thereon, so long as such cliar},'e3 shall continue to be pay- able. Hulijcct to tlie LVIl. And be it enacted that, subject to the several pay- tlioOinsI'li-^*^"' nients hereby charj^ed on the said Consolidateil Revenue dated Kevuimc Fmid, the same shall be appropriated by the LeL'islature of Fund to be ap- i • . propriatcd \>y the Province of Canada for the public service in such nian- Li'«isiiuVire,'bv '''^''" ^''^ ^^^^^ shall think proper: Provided always that all l)illH, etc. bills for appropriating^ any part of the surplus of tlie said consolidated revenue fund, or for imposin>^ any new tax or import, shall orij,'inate in the Le<;islative Assembly of the said Province of Canada : Provided also that it shall not be lawful for the said Legislative Assembly to originate or pass any vote, resolution, or bill for the appropriation of any part of the surplus of the said consolidated revenue fund, or of any other tax or impost, to any purpose which shall not have been first recommended by a message of the Governor to the said Legislative Assembly during the session in which such vote, resolution, or bill shall be passed. Town.shipstn be constituted. LVIII. And be it enacted that it shall be lawful for the Governor, by an instrument or instruments to be issued by him for that purpose under the Great Seal of the Province, to constitute townships-'' in those parts of the Province of Canada in which townships are not already constituted, and to fix metes and bounds thereof, and to provide for the election and appointment of township officers therein, who shall have and exercise the like powers as are exercised by the like ofticers in the townships already constituted in that part of the Province of Canada now called Upper Canada; and every such instrument shall be published by proclamatiLU, and shall have the force of law from a day to be named in eacli case in audi proclamation. rowers of Gov- LIX. And be it enacted that all powers and authorities bo exeiciwed" expressed in this Act to be given to the Governor of the AND SrPPLKMKKTARY ACTS. 173 I'lDvince of Canada shall be exercised by such Governor in conformity witli and subject to hucIi onlers, instructions, and directions as her Majesty shall from time tn time see lit to niain-^ bearin I ruisiK! Jiid^'cs, iit f'lOOeacli - • iiC.dO I Vice-Chiuicellor - - - - 1 r_'."> f.oirrr CmKuhi, I Cliief Justice, Quebec - - - lliiu ;{ I'tiisne .Indoles, Quebec, at i'ilOO each - 'JToO I Cliief Justice, Montreal . - . - \\m .\ I'liisne Jn(lt;es, ^Montreal, at titOO each - -lUM 1 Kesirlent Ju(l<,'e at Three Rivers - - '.MJD 1 Judticof tlie Inferior District of St. l-'rancis .'lUit 1 Jud^'e of the Inferior District of Claspe - .")(»() I'ensions to the Judf^es, salaries of tiie Attornies and Solicitors General, and continjjtMit and niiscel'aneous exponces of Admin istration of Justice throuj^hout the Province of Canada 'JOST.') SCHKDULE H. ("ivil Secretaries and their Offices - - tHOOO Provincial Secretaries and their Oflices - HOOO Receiver-(ieneral and his Olt-^o - - HOOO Inspector-General and his OtTice - - - 2000 Executive Council .... 3000 Board of Works ..... 2000 Eniifjrant A<^ent .... 700 Pensions ...... r.OOO Contnigent Kxpences of Public (M'hces - H.iOO .tHOOOO ir,oo •-'7*10 llOK •-'Too .")()( I 20H7.', UHOOO ;<0()0 ;i()oa •2000 :{ooo •JdOO TOO r)000 :}:;oo CiUJOOO AM) SUITKKMKNTAUY ACTS. 175 The Union Act Amendment Act, 1848. All .I'i'' til rr/irid sn iiinrli i>i' iin Art III' till' r/iiril nil I i'lniith Yi'ms III' Ihr /irisriit Mnji'stif, tn n-iiuiti' tlir I 'inriiicis iif' I'/i/iir anil Lninr i'ldiiiilii, lis irlntr.s tn tlir iisr nf t/ir l''.iiiili-s/i I .''ii'iiniiii' in Instniimnts nlntniif tn the Lni'islntirr ('mincil invl Ltiiiln- tirr Axsriiihli/ nf ihi' I'mrinii' nf ( 'nmnlii. illniAu' r, 18 1-1. Whereas by an .Vet ;)ast in the sossicjM of PiirUiinient heUl •' i^' 1 ^'t:'- ' 'Ij- ill the third and iourth years of Her rres<\it Miijesty, intituled " .\n Act to re-unite tlie Provinces of Upper and Lower Caninhi, and for the GovernineMt of Canaila," it is lunonf'st otlier tliin^^s enacted that from and after the saiil rtuiuon of tlie said two Provinces, all writs, proclamations, instruments for summonin;^ and callin.i,' toj^etlier the Legis- lative Council and Le<,'islative .Vssenihly of tlie Province of Canada, and for proroj^uinj^ and dissolviiif^ the same, and all writs of summons and elections, anl all writs and public instruments whatsoever relatinj,' to the said Lejiislative Council and Legislative Assembly, or either of them, and all returns to such writs and instruments, and all journals, entries, and written or printed proceedings, of what nature soever, of the said Legislative Council and Legislative Assembly, and of each of them respectively, and all written iir printed proceedi)igs and reports of v )mmittees of the said Legislative Council and Legislative Assembly respec- tively, shall be in the English language only: Provided always that the said enactment slnvU not be construed to [irevent translated copies of any such documents being made, but no such copy should be kept among the records of the liCgislative Council or Legislative Assembly, or be deemed in any case to have the force of an original rec(n'd : And whereas it is expedient to alter tiie law in this respect, in order that the Legislature of the Province of Canada, av the said Legislative Council and Legislative Assembly respectively, may have power to make such regulations herein as to them may seem advisable : Be it therefore enacted So much of re- by the Queen's most excellent Majesty, by and with the act" that alll^" 170 THK UNION ACT writs, etc., shall lie in Kiiyhsh iL- peak'd. Act may be iiiiieti'le'l, etc. advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the [lass- ing of this Act so much of the said recited Act as is herein- before recited sh ill be repealed.-' ■* II. And be it enacted that this Act, or any part thereof, may be repealed, altered, or varied at any time during the present sension of Parliament. AND SUrPLEMKNTARY ACTS. 177 Temporal, nbled, and • the pass- i is herein- The Union Act Amendment Act, 1854. ,rt tliereof. duriii'' tlic An Act'-' tn nii/iiiirrr tin' Lciiishiturr of ( '(nimlii to niter tlir ('(insti- tution of till' l.i'iisldtirr Council j'or that Vrocincc, nml for other jiuriioscs. llTK Ariii-sT, ISol. Whereas an Act'o of the session of Parliament hohh'n in the third and fourth years of her IMajesty, chaptir thirty- live, " to reunite the Provinces of Uppi-r and Lower ("anada, and for the Crovernment of C*\na(hi." provides amoni,'st other thin{,'s for the establishment of a Le^jislative (.'oujicil in the Province f Actor Acts to be heremafter for that purpose passed, to ummda to alter alter tiie manner of coniposin>f the liC'dslative Council of M"' '"'";'","■ ' " " tion ot the 1j('K- the said Province, and to nuvke it consist of such number if ishitivu couii- members appointed or to be appointed or elected by such '^ persons and in suc;h manner as to the said Lej^islature may seem fit, and to fix the (jualilications of the persons cajiable of bein^' so appointed or electeil, and by sucli Act or Acts to make provision, if they shall think lit, for the separate dissolution, by the Governor of the said Lej^islative Council and Lej^islative Assembly respectively, and for the purposes aforesaid to vary and repeal in such manner as to them may seem fit all or any of the sections of the said recited Act, and of any other Act of Parliament now in force, which relate to the constitution of the Le^'islative Council of Canada: Provided always that any bill or bills which shall be passed by the present L jis.ative Council and Assembly of Canada for all or any of the purpose* 178 THIS UNION ACT Provisions oi former Acts of I'lirliiiiueiit to aiiply to tlio iiinv Lefiisla- tive Council. aforesaid shall be reserved by tlie said Governor.^" unless he think fit to withhold her Majesty's assent thereto, for the sif,'nification of her ]\lajesty's pleasure, and sliall be subject to the enactments of the said recited Art of tlie third and fourth years of her Majesty, chapter thirty-five, section thirty-nine, which relate to bills so reserved for the sij,'niti- cation of her Majesty's pleasure. II. As soon as the constitution of Ihe Le-^islative Council of the Province of Canada sliall have been altered under such Act or Acts so assented to by her !\Iajesty as aforesaid, all provisions of the said recited Act of I'arliament of the third and fourth years of her Majesty, chapter thirty-five, and of any other Act of Parliament now in force relating to the Legislative Council of Canada, shall be held to apply to the Legislative Council of Canada so altered, except so far as such provisions may have been varied or repealed by such Act or Acts of the Legislature of Canada so assented to as aforesaid. Legislature of HI- It shall bo lawful for the Legislature of Caniuhi from Ciiiiada may ti,ne ^q time to vary and repeal all or anv of the i)rovisions \ iry Acts con- » i . i stitlitiuK tlie of the Act or Acts altering the constitution of the said Legis- <'L', 5.'!, r>\, nnd T).'), ilHt(l). 'I'lic occasion i)f tliis le^jislnlion was tlio series of jiolitieal disorders wliioli eiilniiiiMted in tlie Helxdlion of IKiT-iW. Sec Xoto 'Jd on tlie "Constitutional Act and >^iiiiiileiiieiitarv Acts" (1). MM). 'I'lie .Act was based on the reeoniniendatioiis continued in Lord Durham's l!ei)ort,and is said to have bi'cii driifted by Chief Justice Stuart of liOwer (,'aniidii under tlu^ direction of (ioveriior Tliomsoii, afterwards Lord Syden- liaiii. It was strongly oiiposed ill both the House of Comiiioiis and the House of Lords, but as Sir Hobert I'eol suiiiiortcd Lord .John Kussell in carrying it thvouKli the former, the ojiiiosition then; was riitlier on soecitie clauses tlian on the ]>riii- ciplc of the bill. I'rotests iif,'iiinst the tliird reiidint,' in the Mouse? of Lords were entered on the .journals by the Duke, of \\'eIlinf,'ton and Lord I'.lleiiborouKh, the most iiromiuent ^;iouiids in eiieli eas(! beiui^ the extent of the united inovinces ami the want of harmony between their populations. '■! See Tiord Durham's ]{ei)ort, and Lord John Kussell's speeeh on his motion ' r leave to introduce the measure in the House of Conimoiis iHaiisard, Third Series, vol. 52. pp. i:i'2:!-i:r>l). ■^ This iiroclamation was issued by Lord Sydenham on the 5th of February, 1S4I, and it declared that the union of the I'lovinces should takt? ( ITect on the lOth of the same inontli. The te.xt of the proelamation is f^iven in the Journals of the Legislative Assembly for the first session of the lirst Provincial Parliament of Canada (IHU). * Tlie Constitutional Act, sections ii— xxxii. (pp. 112-li!). •'• See pp. 1 :)(•)- l:ii). >< See pp. H2-M5. 7 See pp. 100-107. -^ The Constitutional Act, 1791. « Very little ob.jectioii was made to life-membership in the course of the debates on the bill in Parliament. Mr. Joseph Hume? sut,'Ki'**t*', . hut it was aliolished hy the (.'onfedi'ration Act, section 10, which tixed the seat of j (iovernment of Canada at Ottawa, subject to the Queen's jileasure. It The lirst Parliament met on the Ittliof June, four months and four days after the union took etf(!ct. Sue Note .'i. 15 This section appeared in the draft hill without the proviso, and when Mr. Charles Bullm*, who had, as Lord Durham's secretary, aideil him in the prepara- tion of his report, objected to the clause as " belosv the di^tnity of lei^islation on a 1,'reat ccnistitutional (lui^slion," Lord .fohii KusscU exjilained that the intention was simply to rtM]uir(,' " the le;;iil n.'ccn'. i of everytliin^ " to be in tlie I'.n^lish lan- guage. At the suggestion of Sir (', (ircjy the proviso, which now appears as part of the section, was added for tin,' purpose of making it clear that there was no intention to i)revent the use of translations of doenments. It should be noted that neither the draft nor the section as finally passed assumed to forbid the use of the French liingua^i! in deliates, and as a matti r of fact that language was s(» used from tlu' beginning, tlie lirst Si>eaker, Mr. Cuvillier, being one of the I''iench inombers of the lirst Parliament. On the lOtli of .fune in tlu) lirst session a series of " Rules" wore adopted by the Legislative .Vssembly for the regulatimi of it.s own procedure. Uule 'il) is as follows: " That copies of the .lournals, translated into tiio French language, be laid on the table daily, for the use uf the memliers ; and also copies of Speeches from the 'I'hroiie, .Vddrcsses, Messages, and Fntries of other transactions and ih^lilieratious of the House, when asked for by any two members.' Itulo ,'38 thus enacts: " When a motion is seconded, it shall bo road in Lnglish and in French by the Sper.kor, if ho is master of the two languages ; if not, the Speaker shall read in liithi'r ol the two languages most familiar to him; and the reading in the other language shall bi; at the table by the Clerk or his Deputy, before debite." In the sanu! session an .Vet i I it '> Vie., cap. 11) was passed to lirovidefor the translation of the Union .\ct and of the Provincial statutes into the French language, and their circulation among the French iieojile. In the session of Hslt-l") the Jjcgislative .Vssonibly resolved (.Journals p. ,sl) that all bills and documents submitted to the lloiisi' bt^ printed in Ihiglish and French, in e(iual proportions; but during the scno session (Journals p. '2t\'>), the Speaker refused a motion written in French, on the ground that to receive it would be a violation of section .\li. of tho Uiuen Act, and on an appi.'al to the House his decision was sus- tained. With reference to tho repeal of section xli., see pp. IT.VITG below. '6 During the session in which tho Union Act was passed tho Imperial I'arlia- mont passeil an .\ct (3 & \ Viet., cap. 7.si dealing with the clergy reserves. Another Imperial Act, and tho last ( l(i & 17 Vict., cap. '21), was passed in lK>t, " to authorize i the Legislature of tho Province of Canada to make provision eoncerning the elorgy reserves in that Province, and the proceeds thereof." Under the authority / % 184 THE UNION ACT / conferred by the latter statute and by the Union Act, the clergy reservfs were Bt.'cularized in 1851 by Act of tbe Canadian Parliaiuont (18 Vict., cap. 2). •7 The ritilit of tlie Oovornor to endow rectories under tlie autliority of the Constitutional Act, 1701, was taken away by Act of the Canadian I'arlianieiit (14 «fe 1.5 Vict., cap. 175) passed in 1851 and entitled "An Act rospoctiuK Uectorios." This Act expressly left the legality of e.Kistint,' endowments to l)o settled by tlu; courts of law, and a tost case was submitted to the Court of Chancery in lUTri. See note 11 to the "Constitutional Act and Supplementary Acts" ([). 147). '» See pp. 104-105. 19 The name fjivon to the Lefjislatures of Massachusetts and Connecticut. 2" See note I'J to the " Constitutional .\ct and Supplementary .Vets" (p. 147). '■ Under the authority of 1 & 2 William IV., cap. 23. See pi). 10(i-l(J7 above. 3' \ motion was made in the House ol Commons by .Mr. Hume to cut down tliis amount to t'2.5,0()0, and \'iscount Howick sutitjested that tlie salary of the (iovernor should not be a chart^i! on tins revenues of the colony. Neither of these proposals was entertained by the House. a? For the condition of Upper and Lower Canada, in the matter of nH^iicipal institutions at this date, see Lord Durham's report. The first municipal ssstem, as that term is now use 1 in this c. untry, was created for Upper ("anada in 1841 by Act of the first Parliament (4 & 5 Vict., cap. 10). Lord Sydenham took ii warm interest in the measure, and was largely instrumental in seeurinf,' its enactment. He had previously iuduceil the Special Council of Lower Canada to establish a similar system in that Province, dooming it unlikely that the Legislature of the United Province would do so. See "Life of Lord Sydenham," bv Poulett Soroi)e, pp. 176, 200-205, 210,2)2-251. See i''so Sir Francis HincUs' " Ueminiscences," pp. 63-08. 34 See p. 68 above. 25 See p. 91 above. 2« The only other .\ct of the same session dealing with Canadian affairs is the Clergy Ueserve Act (3 & 4 Vict., cap. 78). 27 This Act is 11 & 12 Vict., cap. 50. For a brief account of the state of affairs which led to its passage see note 15 above. In the scission of 1814-5 (see Journals, pp. 91, 223, 281), 3001 an address was adopted, praying for the repeal by the Imperial Parliament of "so much of the Union .\ct as enacts that all public records and documents shall bo in I'iUglish only." In a despatch dated Feb. 3rd, 1840 (Legislative Assembly Journals p. 13), Mr. \V. E. Gladstone acknowledges the receipt of the ad- dross, states that it had been "laid before the Queen," and informs Gen. Cathcart that " from regard to the wishes thus expressed by Her loyal subjects, Her ^Majesty is inclined to entertain the prayer of that address, and authorizes you to make a communication accordingly to the Legislative Hodies at the opening of the session." This intimation subdued the agitation, pending the passage of the Act of 1848. Hansard's "Parliamentary Debates" does not give any discussion of the bill in either House ( xcept two sliort speeches on the third reading in the House of Lords (Tliird Series, vol. 100, pp. .509-510), one by Lord Stanley doprecatuig the tendency the measure would j)robably have in raising uyi " a permanent barrier between two portions of the country, whose amalgamation was essential to the welfaie of both " ; the other by Karl Grey, containing a plea for " the principle of allowing all their local concerns to bo regulated according to the wishes and feel- ings of the people of Canada." He added that the meaaura had been recommended by " three successive Governors-Geuoral." vrs were y of tlio liiiiuu'iit 'ctories. " d l)y tlio 1K5'2. See lit. 117). OVLi. lowii this (ioveriior pi'oposals ir'iiicipal ll SNStOlIl, ill ISU l)y k II wiiriu iiactnieut. stablish a lire of the )tt Scrope, rices, " VV- lirs is the of affairs Journals, Iiiiperial lords and lOKislative i)f tho ad- Cathcart !r Majosty make a of the if tho Act 111 of the liie House '.a.X\n-^ the [It l)arricr ial to the iuciiile of and feel- niineiided AND SUPPLEMKNTARY ACTS. 185 =8 The removal of the restriction imposed by tho Union Act was anuounoed to tho Canadian rarliament on the IHth of January, 1HI9, in a speech from the Throne, delivered by Lord Klh'in, who warmly syinpatbi/ed with the policy of allowing tho I'^reiich lani^'uaKo to bo reinstated. See Walrond's "lietteraand Journals (if Lord l'.lt,'iii." pp. 51-57. 29 This .\ct is 17 A 18 Vict., cap. IIH. Tho text is reprinted from the Imperial " Statutes at I; also the debates in the Imperial Parliament referred to in note 29 above. V See Canadian Statutes, 19 & 20 Vict., cap. 140, entitled " An .\ct to change the constitution of the Legislative Council by rendering the same elective." In com- pliance with tho proviso ajipended to this section the Act was on the IGth of May, 1850, " reserved for tho signification of Her Majesty's pleasure," but on the 21th of June of tho same year it was assented to by the Queen in Council, and on the 1 Ith of .Inly following it was proclaimed by the Governor-General, Sir Edmund Walker Head. 31 See sections xxviii.xxi.x. of the Union .\ct (p. 15S). A property qualification continued to bo required of members of tho Legislative Assembly until the latter was brought to an end by tho passage of the British North .\merica .\ct, 1867 (see " Consolidated Statutes of Canada, IH'tO," cap. 6, ss. ,36-37). 14 This ,\ct is 22 & 23 Vict. cap. 10. The text is reprinted from the Imperial " Statutes at Large," London, 1800. 15 Cap. 110. i6 The Legislature of Canada did in 1860 pass an Act providing for the election of the Speaker by the Legislative Council, and the first member so elected was Sir Allan McNab (March 20, 1802.) w ^"m I ■ -^ 186 TJIK CONFEDKRATION ACT THE CONFEDERATION ACT, 1867, AND SUP- PLEMENTARY ACTS. *\ An Art^ for tlir I'liion of I'lindihi, Xovti Scutin, toni S'rir lirnns- wick, mill t/ir ( iori'niiiiriit t/icrmf' ; anil for /ii(r/)i)sis cuitiurti'il t/if'iYiritli. [•2\hu Maiuh, IHIJT. WnKUKAs the Provinces of Canadiv, Nova Scotia, and Xuw Brunswicii- liavc expressed tiieir desire to be federally united into one JJominion nnder the Urowii of the United Kiniidoni of (Ireat I?ritaiii and Ireland, with a coiistitiilion similar i'l pi'inciijle to that of tiie United Kin<^doni :■' And whereas such a Union would conduce to the welfare of the Provinces ;ind proimite the interests of the JJritish Empire : And wiiereas on the estahlishnient of the Union by authority of Parliament it is expedient, not only that the Constitution of the LejJiislative Authority in the Dominion be providetl for, but albo tiiat the miture of the JOxecutive Government therein be declared: And whereas it is expedient that provision' be made for the eventual admission into the I'niou of other parts of British North America : Be it therefore enacted and declared by the Queen's most ExcelKjut Majesty, by and with the advice and consent of the Lord,s Spiritual and Temporal, and C mmons, in this present P^'liament assembled, and by the authority of the same, as fo^lt;ws: Short title. Aijplicatioiiof provisions re- rerriiif' to tlio I. — PinOUMINAKY. 1. TIlis Act may be cited as 'J'lic Britisli Nortli America Act, lf)67. 3. The provisions of t'.iis Act referriufj to Her Majesty the Queen extend also to the heii-s and successors of Her Majesty, Kin^sl and Queens of the I'nited Kingdom of Great Britain and Ireland. AND SfPI'LKMKNTAHY Ai TS. 187 II. — Inion. ;|, It wliiill he lawful for lln' (^»iiirii, liy ••mil with the I^<'<;livnitioii of advice of Her Majesty's ^lost IIoiKHiriiljlt! I'livy Council, to il'.'clare by I'rocliiinjition tliiit. on ami utter a day therein appointed, not beinj^ more tliaii six niontlis after tlie passinj,' of tills Act, the Trovinces of Canada, Nova .^eotia. and New ]5riniswiek sjiall form and be one Dominion nmler the niuno of Canada ; and on and after that ''>'»l'ei- of . ^ . , . , , , ,, , ,1 Senators. .Act, consist of seventy-two^ * members, who shall be styled Senators. 190 TIIK CONFRDEUATION ACT Koprosciita- tioii (if I'ro- viiioos in Sonate. "i'i. Ill relation totlie (ioiistitutioii of the Senate. Canada bliall be (lec'incd to consist of tlirce divisions— 1. Ontario; 2. Quebec ; iJ. Tlie ^laritinie Provinces, Nova Scutia and New Bniiis- wick ; which three divisions shall (sul)ject to the provisions of this Act) boeijually represented in the Senate as follows : Ontario by twenty-four Senators ; Quebec by twenty-four Senators; and the Maritime Provinces by twenty-four Senators, twelve thereof rei)resentiiis4 Nova Scotia, and twelve thereof re[iresentin^' New Jirunswick.' •"' In the case of Quebec each of tlie twenty-four Senators representing that Province shall be appointed for one of the twenty four J'ilectoral Divisions of Lower Caiuula specilied in Schedule .V. to cliapter one of the Consolidated Statutes of Canada. Qualiticati:".:s of Senator. I'm*** (1) (:«) (•') The iinalitication of a Senator shall be as follows : — lie shall be of the full a:4e of tliirt> \ears : lie shall bi' either a natural born subject of the (|)ueen, or a subject of the Queen naturalized by ail Act of the Parliament of (ireat Britain, or of the Parliamenl of the I'nitcHl Kin.i,'dom of tireat Pritain and irehmd, orof tiie Le^'islature of one of the Provinces of Upper Canada, Lower Can- ada, Canada, Nova Scotia, or New Brunswick, before the I'liion, ointod, of the value of four thousand ilollars, over and above all rents, dues, debts, cliar^'cs, m(.>t},'a,i^es, and in- cumbrances due or payable out of or charged on or affecting the sami' : His real and personal propel'ty shall be together Nvortli •!? 1,000 over and above his debts and liabilities : He shall be resivleiit in the Province for whicli he is appointed : " AKD SUPPLEMENTARY ACTS. 1!)1 of one iiiswick, Caiiiiihi fi'('i'l\o!d ll'llR'lltS MSI il or iiiuls or within of tliu ibovo ;ill iml in- irj,'t'(l oil oijL'tlur its ;uiil .;li lie is ((')) 111 tlip ciiso of (Jiiobc'c ho sliiill li!v\i' liis rciil projiorty (liiahtiojitioii ill the Ilh'ctonil Oivisioii for wliicli iie is appointed, or shall ho Vi'sidont in that Division. '2%. The Govornor (ioiioriil shall from time to tiiiio, in Sumniousof iho (juoon s name, by instrnmont under the droat Soal ot Canada, sumnion val Sii^n I!''^' '''.'''j'' "' i)./ «Ur Manual thinks fitNj> approve, and tlii'ir names shall be in- serted ill the Qneeii"sH?rochvmati()ii of rnion."' 20. Tf at anytime on the roeommeiuhitit)n of the (iov- A.lihtieii of criior General the (^"'iieoii thinks fit to direct that three or J^.jV,.'('.',i',','^^n'"^,„ six members be added lo the Senate, the Governor Geiionil may by snmnioiis to three or six i presence cliere. Snunuons on JJtS. Wlien a vacancy happens in the Senate by resignu- Henate^ "' tion, death, or otherwise, the Governor General shall by summons to a fit and qualified person fill the vacancy. Questions as to 33. If any question arises respecting the qualification of l^\"!l'vn?.nnm','.« "■ Scuator or a vacancv in the Senate the same shall be ill sonate. heard and determined bv the Senate. Alipoiiitmont 34» The Governor General may from time to time, by SSciiat't''^ '^' ' 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. Quorum of beiiate. VotiiiR in Sunatu. S-'X. Until the Parliament of Canada otherwise provides, the presence of at least fifteen Senators, incliuUng the Speaker, shall be necessary to constitute a meeting of the Senate for the exercise of its powers. 36. Questions arising in the Senate 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 sliall be deemed to be in the negative. The IIoiiKe of Commons. Constitution of 37. The ilouse of Commons shall, subject to the pro- ii/ous'^i?! ""' visions of this Act, consist of one hundred and eighty-one CiwiaJa. members, of whom eighty-two shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick. RuimnoninRof 3§. The Governor General shall from time to time, in moi'is?" "'" ^'^'^ Queen's name, by instrument under the Great Seal of Canada, summon and call together the House of Commons. AND SITPLEMRNTARY ACTS. 193 0(1 by a liave a siiall be :j!>. A Senat(n- shall not be ciipable of beiii^ fleeted or of Soimtois not to . . ,. 1 r .1 IT r /^. *^'t '" House of sitUiiu' or votiuj^ as a monilwr of the llouso or t ominous. Couuiions. •10. Until the Parliament of Canada otherwise jirovides, Klcotoral dis- .> , ,, ,, ^. 1 -v' I, 11 11 tii(.'ts (if tilt! ( )ntano, Qnebec, Nova hcotia, and New JiruMswick s'lall, fmn. I'luviucea. for the purposes of the electitui of int nd)ers to serve in tlie House of Commons, bo dividi'd into I'llectoral Districts as f.iliows: — (1) Ontario sliall be divided into tlie Counties, Kidinj^s of C'ounties, Cities, ))arts of Cities, and Towns enumerated in the lirst Scliedule to tins Act., each whereof shall be an lOlectoral i )istrict, each sucli District us numbertil in that Schedule being entitled to return one member. (2) Quebec shall be divided into sixty-five I'llectnral Districts, composed of tlie sixty-tive Electoral Divisions into which liOwer Canada is at the pasaiiif,' of this Act divided under chapter two of the Consolidated Statutes of Canada, chapter seventy-five of tlie 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 attlie XInion, so that each such l']lectoral Division shall be for the i)urposes of this Act an Electoral District entitled to return one member. (3) Each of the eif^jlitcen Counties of Nova 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) Each of the fourteen Counties into wliicli New Brunswick is divided, including the City and Conuty of St. John, sliall be an Electoral Dis- trict ; the City of St. John shall also be a separate Electoral District. Each of those fifteen VAoc- toral Districts shall l)e entitled to return one member. 11. Until the Parlianieut of Canada'" otherwise pro- Coiitimiaiicoof vides, all laws in force in the several Provinces at the Union tio'iVlinvs'i'mtil relative to the following matters or any of them, nainelv, — I'arliainont of ., I',. 1- IT ,. . . ' ,. ^ , ('iili!i(iii otlicr- ihe qualitications and disi]ualilications of jiersons to be wiac iirovides, elected or to sit or vote as members of the House of 194 THE CONFEDERATION ACT Writs for first election. \lk' P Assembly or Legislative Assembly in the several Provinces, the voters at elections of such members, the oaths to lie taken by voters, the returning ollicers, their powers anil duties, the jjroceedinf^s at elections, the periods during which elections may be continued, the trial of controverted elections, and proceedinj^s incident thereto, the vacatinrunswick; and the Returnin'4 Officers to whom writs are directed under tliis section shall have thi3 like powers as are possessed at the Uniou by the ollicers char<,'ed with the returning of writs for the election of member.-^ to serve in the same respective Housd of Assembly or Legislative Assend)lv. As to ciisiinl vuciuicies. ^V-^' h ') 4U. In case a vacancy in the representation in tlie House of Commons of any Llectoral District happens before the meeting of the Parliament, or after the meeting of the I'arliament before provision is made by the Parliament in this behalf, the provisione of the last foregoing section of this Act shall extend and apply to the issuing and returning of a writ in respect of such vacant District. As to election 41. The House of Commons on its first assembling Ho'use'of'com- '^fter a general election shall proceed with all practicable nioiis. speed to elect one of its members to be Speaker. rrovincos, iths to lio )wers aiiil ds duriiii^ ntroverted acatinj:! of its in case — sliall re- •ve in the es. otlierwi.se House of to i)ersons a to vote, ars or iiii- rvc in the liall cause n, and ad- 11 have the he oOicers 1 of nieiii- or Le^is- ■>cetia, or loni writs lowers as witli the serve in I'islative e House )efore tJie ,' of the \nient in eotion of •elurnint,' sembling acticfc.ble AND SUPPLEMENTARY ACTS. 195 l.*}. In case of a vacancy happening; in the ofTice of As to lillinK up Speaker by death, resignation or otherwise, the House of oJUce'of '" Commons shall with all practicable speed proceed to elect *^1"^*'*'''- another of its members to be Speaker. ■16. Tl'.e Speaker shall preside at all meetings of the Siieaker to House of (.nmmons. ' 'ITt Until the Parliament of Canada otherwise provides, ProvMim in - ., , - r ii c 1 r c!is(! of absence m case of the absence for any reason of tlie Speaker from „(■ siitaUor. tlie chair of ihe House of Connnons for a period of forty- t'il,'lit consecutive hours, the House may elect another of its ine'.nbers to act as Si)eakcr,-" anil the nu'mber so elected shall durinji the continuance of such absence of the Si)eaker have and execute all the powers ; vileges, and duties of Speaker. IS. The presence of at least twentv members of the Quorum of ,, , ,, 1 11 1 j_ ' • i Hou'ie (if Coui- House of Commons shall lie necessary to cf)nstitute a meet- nii>ii>i. in^ of tlic House for tlie exercise of its powers, and for that purpose the Speaker shall be reckoned as a memljer. 19. (Questions arisin<{ in the House of Commons sliall be \<>tiiiu m T •! 1 1 ■ ■!. c ■ ii ii ..1 I t ii House of ("oin- (leculed by a majority of voices other than tlait of the ,,,,,ns. Speaker, and when the voices are e'jual, but not otherwise, tl.e Speaker shall have a vote. .'50. Everv House of Commons shall continue for five I'luntionof , J. 1 f 41 i. f .1 -t r 1 House of Coill- '.ears from the ilay ot tlie return of the writs for choosing nions. tile House (subject to be sooner dissolved by the Governor (General), and no hni^er. '51. On the (completion «t fell -ctiiitiUij in th« year out; IHiceuninl He- tliouaa nd. a JMht ' Innid g od anr t ■seven ♦>y'f»n«>,"n'ml of each «•!»> KC'i'iix'senta-" seqiietit lucennial census, the representation of the four''""- j^'i / t^ t\ C- ^ ^'^'^ Troviuces shall be re-adjusted-i by such authority, in such | | tnanner and from such time as the Parliament of Canada from time to time provides, subject and accordiu},' to the f'lllowing rules : — il) (^)uebec shall have the tixed number of sixty-live members : t'2'i There siuvU be assitiued to each of the other I'ro- vinces such a number of members as will bear the same proportion to the number of its popula- tion (ascertained at su(;ii census) as the uiunber sixty-live bears to the number of the pojiulation of Quebec (so ascertained): ii.c.c. I '5 /■ 196 THK CON Fi; DERATION' ACT (."}) In tlie compntaMon of tlio iimiib r of iiifiiil)ei» for a Province a fractional part not exceudiii;; one half of tilt' wiiolo nninber re(jnisite for entitliiiL, tlie Province to a meniber shall be ilisrej^arded ; but a fractional part exceedinj* one-half of that number shall be e(]uivalent to tlie whole nmnlter; (4) On any such re-adjustment tiio nuniber of mendHT:, for a Province shall not be reduced tmless tlie pro|)ortion which the number of the population of the Province bore to the number of the !ij,'^'ref;ate population of Canada at the then last precediiii^ re adjustment of the number of members for thf Province is ascertained at the tlien latest census to be diminished by one-twentieth part or uj' wards : (4) Such re-adjustment shall not take effect until tic termination of the then existiufj Parliament. Increase of 52. The number of members of the'House of Common s House of Com- ni*y ''« from time to time increased by the Parliament of ^oue. Canada, provided the proportionate representation of tli" Provinces prescribed by this Act is not thereby disturbed. Appropriation ana tax bills. Moiu'i/ I'liti'K : lluijal As.-iint. 5Ht Bills for appropriatiuff any part of the public revcnn-', or for imposiuf^ any tax or impost, shall originate in tl.>' House of Commons.-- V' KeoouiuieiKla- ,"54. It shall not be lawful for the House of Commons :• tion of money , . ^ , .. , , i -n t »i votes, adopt or pass any vote, I'esolntion, address, or bill for thr appropriation of any part of the public revenue, or of ar> tax or impost, to any purpose that has not been first recom- mended to that House bv message of the (rovernor GeiierLd \ in the Session in which such vote, resolution, address, or bill is proposed.-'' Itoyal assent to 55, Where a bill passed by the Houses of the Parlui ment is presented to the Governor General for the Queen's assent, he shall declare according to his discretion, ijii', subject to the provisions of this Act and to Her Majesty':^ instructions, either that he assents thereto in the Quet'ii's name, or that he withholds the Queen's assent, or tiiat in' reserves the bill for the signification of the Queet-'s pleasure. Disallowance 50. Where the Governor General assents to a bill in the by Order in „ , , , ,1 , ^i i- ^ • i i. ^ Couucilof Act Queens name, he shall by the nrst convenient opportunity uieiiibers I'oi' cceodiii;^ one for eiititliiiL, (lisreyardeii ; ■lialf of that liole mnnber: : of ineinber.s 1(1 udIl'ss tlie population of the; at^'^'refjiiti' last prect'iliii^ rubers for tlif latest census 1 i)art or up- 'iiicX until tic •lianient. ) of (!()innioiii L'arlianient of itation of :!;■■ y (listurbeil. ublic rcvenni/, inate in t\:r t!oninu)ns to bill for the ue. or of ai > II lirst recon:- ■rnor ClenerMl adilrebs. or f the Parlia the Queen's scretion, bu'. er Majesty's the Queen's ;, or that lit' su's pleasure. a bill in liie opportunity AND SUl'PLEMENTARY ACTS. 11>7 send an authentic copy of the Act to one of Her Majesty's assented t > by ,,..,., , . " f c-i. i. 1 e A.\ /\ ■ rt " ■\ <'Ovenior liou- I'nnfipal Secretaries of State, and if the Queen in Council eral. within two years after receipt thereof by the Isecretary of State thinks fit to disallow the Act, such disallowance (with a certificate of the Secretary of State of the day on whi(;h the Act was received by him) bein<^ si^^nified by the (rovernor Crcneral, by speech or messaf^t' to each of the Houses of the Parliament, or by proclamation, s:i,ill air:iUl the Act from and after the day of such si^nirication.- ' ,57. A bill reserved for the sit/nificition of the Queen's SiLiiiificati";; 1H. For each Pro\ince there shall be an ot'ticer, styled .VpiJoiutmoiit the Ijieutenant uovernor, appointed by the dovernor (joveniors of (ieneral in Council by instrument under the (Ireat Seal of I'rovinues. Canada. .»!), A Tiieutenant (lovi'rnor shall hold ofl'ice during the Teniu-eof ot?ien pleasure of the Governor General; but any Lieutenant ('/,J.'j1).',"q^!"'""^ (Iinernor appointed after the commencement of the first Session of the Parliament of Canada shall not be remove- able within five years from his appointment, except for I ause assigned,-'"' which shall be communieated to him in writiii<,' within one month after the order for his removal is made, and shall be communicated by mcssa>^e to the Senate an 1 to the House of Commons within one week thereafter if the Parliament is then sittint,', ami if not then within one week after the commencement of the next Session of the Parliament. 00, The salaries of the Lieutenant Governors shall be Salaries of li.\ed and provided by the Parliament of Canada. ci'ovenlors. 198 THE CONFEDERATION ACT Applic'fitidii of provisions re- ferring to Liciiteniuit (iiivernor. Oaths, &c., of The provisions of this Act referrinj^ to the Lieu- tenant Governor extend and apply to the Lieutenant Gov- ernor for the time being of each Province or other tiie chief executive officer or administrator for the time being carrying on the government of the Province, by whatever title he is designated. Apiiointnient 6!i« The Executive Council of Ontario and of i^diebec of exicutive i n i i r i ii i ■ .. ^ /■ ..licers for On- ^''^^ "*-' composed of such persons iis the JjU>'.ii of t-iiiint Governor in Council shall be construed as referrinj^ [^.I'l-iil^'t,,*" to the Lieutenant Governor of the Province acting bv and jjieutfiuiiit, ■ (Jipvtinior m with the advice of the Executive Council thereof. (Oiuuil. <»T. The Governor General in C'ouncil may from time to Ailuiinistni- tnne appoint an administrator to execute the othce and ^i^.^, ,jf i,i,.„. functions of Lieutenant Governor durint» his absence, ill- 1''""^"' ^'"^'''■' ,.,.,. nor. iiess, or other inability. tiH, Unless and until the Ivxocutive Government of any Seats of Pro- , . .^1 • 1- ;. -^1 i i. ii 4 n • ' viiieiaHiov- t Kivinco otiierwise directs witli respect to that Province, pj.,,,,, ems. t'li' seats of Government of the Provinces shall be as follows, namely, -of Ontario, toe City of Toronto; of <,)iu'l)ec, the (,'ity of Quebec. ; of Nova Scotia, the City of 51 ilifax : and of New Brunswick, the City of Fredericton.-'-' Lcjlirihitivc I'owi'r. 1. — OKTARIO. 09. There shall be a Lej^islature for Ontario consisting I'egislatiuo for Touncil of Quebec, the same shall be heard aini determined by the Legislative Council. TT. The Lieuteinint Governor may from time to time, by instrument under the Great Seal of Quebec, apj)oint a member of tlie Ije^^islative Council of Quebec to be i^peaker thereof, and may remove him and appoint another in his stead. 7W, Until the Le-^islature of Quebec otherwise provi(k'^. the presence of at least ten members of the Lej^islativi' Council, including; the Speaker, shall be necessury to con- stitute a meeting for the exercise of its [jowers. T!>. <,)uestions arisinj^ in the I.etJislative Council of ()\\f bee shall be decided by a majority of voices, an'fii^'^^^- :iiaiient or temporary, at the nomination of the Lieutenant (lovernor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind or amount whatever from llie Province is attached, shall not be eli^'ible as a member of the Legislative Assembly of the respective I rovince, nor '^hall he sit or vote as such ; but nothiii<^ in tiiis section si;all make inelij^'iblc any person bein^,' a member of the Executive Ck)uueil of the respective Province, or holdinj^ any of the foUowiin,' offices, that is to say, the offices of \ttorney-Geiicral, Secretary and He,L,'istrar of the Province, Treasurer of the Province, ('ommissioner of C^rown Lands, ;ind Commissioner of .V^'riculture and Public Works, and. in (^)iiebec, Solicitor-Generah'", or shall disijualify him to sit or vote in the House for which he is elected, jirovided he is elected while lioldinj^ such office. HI. Until the Lej^islatures of (Jnturio and (,)uebe(' re- Coiititiiuinco speetively otherwise provide, all laws which at the Union uiyction laws, iire in force in those Provinces res[)eetively. relative to the followiiifi matters, or any of them, namely,— the (lualitica- tions and disiiualirtcations of persons to be elected or to sit or vote as members of the Assembly of Canada, the • I'.ialitications or dis(jualifications of voters, the oaths to be 202 THE CON'FEDKRATION* ACT taken by voters, the lleturniii',' OfVicers, their powers ivn ! (lutieH, the proceediii^js lit elections, the periods diiriu;; wliicli sucli elect"' )n8 may be continued, and tlie trial of coi;- troverted elections'" and the [)roceedint,'H incident tiu'ieti>, the vacatinj,' of the seats of members and tlie issuing an i execution of new writs in rase of seats vacuteil otherwi-' tlian hy dissolution, sliall resi)ectively apply to election-, of members to serve in tlie respective Le^^islative Assemblie-i of Ontario and (Quebec. Provided that until the Ijet^islature of Ontario otlierwis ■ provides, at any election for a meml)er of the Ije;,'islativi- Assembly of Ontario for tl»e District of Alt,'onni, in adiji tion to persons mbly of Quebec sliall continue for font years from tlie day of the return of tlie writs for choo-iiu tlie same (subjiict nevertheless to either thi' lAV'^islativc Assembly of ()ntari(j or the Legislative Assembly of Que- bec being sooner dissolved by the Lieutenant (lovernor of the Province), and no longer. Yearly session ol' Lei-lslHtine. Hii, There shall be a session of the Legislature of Ontario and of tb.at of Quebec oiica at least in every year, so that twelve months shall not intervene between the lust sitting of the Legislature in each Province in one session and its first sitting in tlie next session. ST. Tlie following provisions of this Act respecting the House of C^ommons of (Janada, shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, — the provisions relating to the election of a Speaker originally and on vacancies, the duties of the Speaker, tlie absence of the Speaker, the quorum, and the mode of voting, as if those provisions were here re-enacted and nn\de applicable in terms to each such Legislative Assembly. 4.— Nova Scotia and New Brunswick. Constitutions ||i§. The constitution of the Legislature of each of the of Lefjislatures „ , . ^ , ^. . at t> ■ i i n i of Nova Scotia Provinces of Nova bcotni and New Brunswick shall, sub Brunswick J®*^* *^ *^^® provisions of this Act, continue as it exists at AND SLl'PLEMENTARY ACTS. 20:J iiture of ry yeiiv, the lust session the ITnion until iilteied iiiidor tlie aiitliority of tliis Act ; tmd -the Ilouaa o£ Amwrnbly «tf Nhw Hriutkiwiok HxiHtiitg At tXui paMbii)^ of thiii Act tkliall, unless sooner di«w)ive(l, vmi- tiniiM {«u' the pHritxt for wliiuii it wah elucti«d. e*' r> ;) f' V ^ 5.— Ontario, Quebec, and Nova Scotia. Hit, Ei^i of the Lieutenant Governors of Ontario. Que- Fir^i oU>ciioii. bee, and NfiVa Scotia shall cause writs to be issued for the first election <\f nicnibcrs of the I.e>^islative Assembly tliereof in such ffmn and by such person as lie thinks (it, and at sucii time and adilressed to sucli Returnin<4 OHictr //,/> K^ as the Governor Gener^l directs, and so that the first elec- ' U t:au of meml)er of Assemlily for any I'llectoral District or any subdivision tliereof shall be held at the same time and at the same places as tiie election for a member to serve in the House of ((jninions of Canada for that Electoral Dis- trict. 6.— The Four Provinces. 1MK The foUowinj^ ji -ovisions of this Act respecting' the Aiipliciit! l to Parliament of Canada, namely, — the provisions relatinji ^'J n'rovIs'iiViis* " '^ appropriation and tax bills, tlu; recommendation of moiu'y rcsiicctiii'^ votes, the assent to bUls, the disallowance of Acts, and the .vc sii^nitication of pleasure on bills reserved, — shall extend and apply to the Le;,'islatures of the several Provinces as if those provisions W(!re here re-enacted and nnide applicable in terms to the respective Provinces and the Lei^islatures thereof, with the substitution of the Lieutenant (iovernor of the Province for the (iovernor General, of the (iovernor General for the (jueen and for a Secretary of State, of one vear for two vears, and of tlie Province for ('anada. t-^ \'I. — Disriuiu"rn)N of I i:i.isi,.\ii\k Posvi:ii> I'liiriTK III' till' Piirliiiiii'iit. lawful for the Queen, by and with the f-i^i'lativo , of th" Senate and House of Commons, ].^^ijj^,„g|,j ,,j- »l. It shall be advice ami consent to make laws for the peace, order, and f^ood jiovernment of *''ui!i(U. (Janada, in relation to all matters not comiu}^ witiiin the classes of subjects by this Act assif»ned exclusively to the Lciiislatures of the Provinces ; and for greater certainty, but not so as to restric, the yenerality of the foreyoin;^ t«rms of this section, it is hereby declared that (notwitli- .standing anything in this Act) the exclusive lef^islativc '^w^mmif^m^mmmmmmmm 204 THE CONFEDERATION ACT authority of the Parliament of Canada extends to all matters comint; within the classes of subjects next here- inafter enumerated ; that is to say, — 1^ . 1. The Public Debt and Property. '2. Tlie roKulatioii of Trade and Coinnierce.:t9 '.',. Tlic riiisin'.' of money by any mode or system of Taxation. }. The borrowinf,' of money on the public credit. ."). Postal service. ti. The Census and Statistics. 7. Militia, .Military anrnriiu< Hospitals. Sea coast and inland Fisheries. -1 i Ferries between n Province anil any I'ritish or Korei^'u country, or betwee;i iw,) Provinces. Currency and Coinage. Banking, incorporation of banks, and the issue of paper money. Saving's Hanks. Weigiits and Measures. Hills of lOxchaiiKe and Promissory Notes. Interest. Lt't,'al ti'iider }{ankrui)tcy and Insolvency. Patents of invention and discovery. CopyriKhts.lJ Indians, and lands reserved for the Indiaiis.i'i Naturalization and .Miens. Marriat^e and Divorce. The Criminal Law, except the Constitution of Courts ot Criminal .Jurisdiction, but includin;^ the Procedure in Criminal .Matters, •Js, The Kstablishmoiit. Maintenance, and Management of Peni- tentiaries. '2'.). Such classes of subjects as are expressly exeepte'• Generally all matters of a inertly local or private nature in the Province. ^00 THE CONFKDERATION ACT Kducatiiiu. Legislation respecting education. 93. In and for eaclv Province the Lej»iHlature may ex clusively make laws in relation to education, subject and accordinj? to the foUo-Ainfi! provisions : (1) Nothing in any such hiw shall prejudicially affect any ri^;ht or priviletje with respect to denomina- tional scliools which any class of persons have by law in the Province at the Union. (2) All tho p)wer8, privileges, and duties at the Unii):i by law conferred and imposed in [Jpper Canada on the sei)arate schools and school trustees of the Queen's Roman Catholic subjects shall be and tl)e same are hereby extended to tlie dissentient schools of tlie Queen's Protestant and Roman Catholic subjects in Quebec : (3) Where in any Province a system of separate or dis- sentient schools exists by law at the Union or is thereafter established by the Legislature of the Province, an appeal shall lie to tlie Governor General in Council from any Act or decision of any Provincial authority affecting any riglit or privilege of tlie Protestant or Roman Cutliolic minority of the Queen's subjects in relation to education 'J'^ (4) In case any such Provincial law as from time to time seems to the Governor General in Council requisite for the due execution of the provisions of this section is not made, or in case any decision of the Governor General in Council on any appeal under this section is not duly executed by tlie proper Provincial authority in that behalf, then and in every such case, and as far only as the circumstances of each case re7. Until the laws relative to pi'operty and civil rights Suleption of in Ontario, Nova Scotia, and New Prunswick, and tiie pro- ontaito,'&c. cedure of the Courts in tliose Provinces, are nnido uniform, the Judges of the Courts of those Provinces appointed by the Governor General shall be selected from tlie respective Bars of tliose Provinces. OS. The Judges of the Courts of Quebec shall be selected S<'lec'tinn nf •Iii'l^t's 111 from the Bar of that Province. yuebeu. »». The Judges of tlie Suiiericr Courts shall hold office Tenure of 1 • T , , ■ , 111, 11,1 otlico of (luring good beliaviour, but snail be renioveable by the .juiIuch of Governor General on address of the Senate and House of roui'ts"' Commons."''"' ■ipi ■ 208 THE CONFEDERATION ACT Salaries, &c., of -Judges. General Court of Appeal, ttc. 100* The salaries, allowances, anl pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Hcotia and New Brunswick), and of tlie Admiralty Courts in cases wliere the Judges thereof are for the time bein;,' paid by salary, shall be fixed and provided by the Parliament of Canada. lOl. The Parliament of Canada may, notwithstandinj^ anything in this Act, from time to time, provide for the constitution, maintenance, and organization of a general Court of Appeal for Canada, and tor tlie establishment of any additional Courts for the better administration of tlie Laws of Canada.'''''' Creation of Consolidated Kevetuie Fund. VIII. — Rkykntics ; Dkkts ; Asskts ; Taxation. 10S« All duties and revenues'"' ^ over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick before and at the Union had and have power of appropria- tion, except such portions thereof as are by this Act re- served to the respective Legislatures of the Provinces, or are raised by them in accordance with the special j)0wer9 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 subject to the charges in this Act provided. Expenses of lOJl. The Consolidated Revenue Fund of Canada shall collection, &c. be permanently charged with the costs, charges, and ex- penses incident to the collection, management, and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the Governor General in Council until the Parliament otherwise provides. 104. The annual interest of the public debts of the Pro'vin^eial several Provinces of Canada, Nova Scotia, and New Bruns- public debts, wick at the Union shall form the second charge on the Con- solidated Revenue Fund of Canada. Salary of Governor General. \0!it Unless altered by the Parliament of Canada, the salary of the Governor General shall be ten thousand pounds sterling money" ^ of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canada, and the same shall form the third charge thereon. AND SUPI'LKMENTARY ACTri. 209 100. Subject to the sovoral pavmeiits bv this Act Ai<|»-.>|>riatioii charj^ed on the Lousoluiated Ki'veinic r luul of Liininlii, tlie tim.-. same shall be ap|)ropriatetl by the Farliameiit of Canada for the public service. 107. All stocks, cash, banker's balances, and securities Transfer. Ac., for money belon^in^' to each Province at the time of the (Inion, except as in tliis Act mentioned, shall be the pro- perty of Canada, and sliall be taken in reduction of the amount of the respective debts of the Provinces at the Union. lam. Tlie public works and property of each Province, Transfur of unnerated in tlie 1 property of Canada. enumerated in tlie tiiird schedule to this Act, sliall be the ^j.in>iii,ij, 109. All lands,"''' mines, minerals, and rovalties'" belong- Troperty in ,, 1 i> • f /, IX- 'c ..• IV lands, mines, mj» CO tlie several I'rovuices ot ( anada, Nova Scotniand New ^^.^ Brunswick at the Union, and all sums then due or payable for such lands, mines, minerals, or royalties, shall belonj: to the several I'rovinces of Ontario, Quebec, Nova Scotia and New Brunswick in which the same are situate or arise, subject to any trusts existini^ in respect thereof, and to any interest other than that of the I ro\ince in the same. 110. All assets connected with such portions of tlie .\ssots con- public debt of each Province as are assumed by that Tro- provineial vince shall belonj' to that Province. debts. 111. Canada shall be liable for the debts and liabilities Canada to be liable tu I'ro- vincial ilelits. t)f each Province existiiii" at the I'nion. ll*i, Ontario and Quebec conjointly shall be liable to Debts ()f C'anada for the amount (if anyi l)y which the debt of the guoljec Province of Canada exceeds at the Union sixty-two million five hundred thousand dollars, and shall be char^^ed with interest at the rate of live per centinn per annum thereon. Il!l. The assets enumerated in the fourth Schedule to Asset- of this Act belon}j;inj,' at the Union to the Province of Canada ouu,\^.',? "^"'' shall be the property of Ontario and Quebec conjointly. 114. Nova Scotia shall be liable to Canada for the Debt of amount (if any) by which its public debt exceeds at the ^""^ ' '"'" '"■ Union eij^ht million dollars, and shall be charged with in- terest at the rate of five per centum per annum thereon. 210 Debt Of Now Brunfiwick. THE CONFEDERATION ACT ll>f. New Brunswick shall be liable to Canada for the amount (if any) by which its public debt exceeds at the Union seven million d(jllar8, and shall be charjjed with in- terest at the rate of five per centum per annum thereon. Pfvymeiit of interest to Nova -cotiii ami Now Brunswick. 116. In case the public debt of Nova Scotia and New iirnnswick do not at the Union amount to ei^ht million dollars and seven million dollars respectively, they shall re- spectively receive by half-yearly payments in advance from the Government of Canada interest at five per centum per annnp' on tlie difference between the actual amounts of tin a; active debts and sucli stipulated amounts."' I'roviuoiiil I'lililic pro- perty. 117. Tho several Pi'ovinces shall retain all their re- h^>^;live publ (J property not otherwise disposed of in this Act, subjvi t to I lo rij^Vit of Canada to assume any lands or public propeny leqiiired for fortifications or for tlie defence of tlie countrv. Grn:its to I'ruvilioes. lis. The following sums shall be paid yearly by Canada to tiie several Provinces for the support of their Govern- ments and Legislatures : - Ontario Quebec Ndvn Scotia New ]{runswick Dolhus. Kif,'lit.v tlioustiud. Seventy t)iousinul. Hi.Kty tlioiisHnil. Fifty thousiuul. Two hundrofl nnd si.xty tliousaial ; and an annual grant in aid of each Province shall be made, ('([ual to eighty cents per head of the population as ascertained by the census of one thousand eight hundred and sixty-one, and in the case of Nova Scotia and New I'ruuswick. by each subserjuent decennial census until the population of each of those two Provinces amounts to four hundred tiiousand souls, at which rate such grant shall thereafter remain. Such grants shall be in full settlement >f all futuri! demands'" on Canada, and shall be paid half- yearly ill advance to each Province ; but the Ciovernnieut of Canada siiall deduct from such grants, as against any Province, all sums chargeable as interest on the Public Debt of tliat Province in excess of tlie several amounts stipulated in this Act. AND SUPPLKMKNTARY ACTS. •211 119. New Brunswick shall receive by lialf-yeai'ly pay- ^''|>■_tllOl• ijiant riients in advance from Canada, for the period of ten years Himiswick. from the Union an additional allowance of sixty-three thousand dollars per annum ; but as lonj^ as the Public Debt of that Province remains luider seven million dollars a deduction equal to the interest at five per centum per annum on such deficiency shall he made from that allow- ance of sixty-tlnx'c thousand dollars. ISO* All payments to be made under this Act, or in dis- P'orni of charjie of liabilities created under any Act of tlie Pro- - '"^ ' • • vinces of Canada, Nova Scotia and New Brunswick re- spectively, and assumed by Canada, shall, until the Parlia- ment of Canada otherwise directs, he made in such form ;ind nnmner as may from time to time he onkri-d by the Ciovernor General in Council. 121. All articles of the j^rowth, produce, or numufacture ('iiiunHau of any one of the Provinces shall, from and after the '";'-""''"<''^' I'nion, be admitted free into eacli of tiie other 'I'ovinces. I3!3< The Customs and I'lxcise Laws of each Province CoiitiMiiaiicf I II 1 • i 4. ii t ^t ■ K .. i.' • of ouslouis and shall, subject to tlie provisions of this Act, continue m j-xei-iL- laws. force until altered by tlie Parliament of Canada. Vi'fi, Where Customs duties are. at tlie Ciii.'U livial)lv r.xoortatioii , , , . . . ., "I'll iiiiporta- » of 1) • 1 11 1 f 1 1 / ,. ■ 1- ■ I'lil'h'' lauds, J rovmce shall be liable to taxation. ai-. II.C.C. u 212 THE CONFEDEHATION ACT Provincia! Onn soli dated , ■ , , , Kevemie Fund, which the respectiv 126. Such portions of tlie duties and revenues over Lej^islatures of Canada, Nova Scotia, and New Brunswick liad hefore the Union power of ap- propriation as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all duties and revenues raised by them in accordance with the special powers conferred upon them by this Act, shall in each Province form one Consolidated Revenue Fund to be appropriated for the public service of tlie Province. IX. — Misci'.IjI.ankous Puovisions. General. M As to Legiala- ItiT. IfVny person being at the passing of this Act a fore of'pro-'" Member of tV Legislative Council of Canada, Nova Scotia, yuicoK becom- or NewBruns\Vick, to whom a place in the Senate is offered, does not within fcjiirty days thereafter, by writing under his ^ . hand, addressed t6 the Governor General of the Province JL?~ ' of Canada, or to th&^^Lieutenant Governor of Nova Scotia or New Brunswick (a^the case may be), accept the same, he shall be deemed to hfive declined the same ; and any person who, being at the passing of this Act a member of the Legislative Council of Nova Scotia or New Brunswick, accepts a place in the Senate, ^jjhall thereby vacate his seat in such Legislative Council."'' \ f Oath of ltl§. Every member of the Senate or House of Coni- ' mons of Canada shall before taking his seat therein, take and subscribe before th? Governor General or some person authorised by him, and every member of a Legislative Council or Legislative Assembly of any Province shall before taking his seat therein, take and subscribe before the Lieutenant Governor of the Province or some person authorized by him, the oath of allegiance contained in the fifth Schedule to this Act; and every member of tlie Senate of Canada and every member of the Legislative Council of Quebec shall also, before taking his seat therein, take and subscribe before the Governor General or some person authorized by him, the declaration of qualification contained in the same Schedule. Continuance 129. Except as otherwise provided by this Act, all laws law8,'courts, in force in Canada, Nova Scotia or New Brunswick at the officers, &o. Union, and all courts of civil and criminal jurisdiction, and all legal commissions, powers and authorities, and all AND SrPPLEMENTAUY ACTS. 213 enues over [ova Scotia, ower of ap- D respective eb, and all ce with the ^ct, shall in Fund to be nee. officers, judicial, administrative and ministerial, existiuf* therein at the Union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respectively, as if the I'nion had not been made, subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kinj^dom of Great Hritain and Ireland), to be repealed, abolished or altered by the Parliament of Canada, or by the Legislature of the respective Province, accordinf^ to the autliority of the Parliament or of that Lef^islature under this Act. if this Act a ^ova Scotia, ,te is offered, n{? under liis the Province Nova Scotia pt the same, ne ; and any a member of V Brunswick, Lcate his seat use of Com- therein, take some person Legislative ovince shall be before the some person ained in the nber of tlie Legislative seat therein, eral or some qualification Act, all laws swick at the sdiction, and lies, and all 1:10. Until the Parliament of Canada otherwise pro- Trausfer of vides, all officers of the several Provinces having duties to ^^^^^^ *** (lischarjje in relation to matters other than tliose coming within the classes of subjects by this Act assi^'ned ex- clusively to the Legislatures of the Provinces shall be officers of Canada, and shall continue to discharge the duties of their respective offices under the same liabilities, responsibilities, and penalties as if the Union had not been made. ISIlt Until the Parliament of Canada otherwise pro- Appointment vides, the Governor General in Council may from time to "^^ ° *'®"' time appoint such officers as the Governor General in Council deems necessary or proper for the effectual execu- tion of this Act. Iit2. The Parliament and Government of Canada shall Treaty obliga- liave all powers necessary or proper fur performing the "'f Qiu'bec ; and both those languages shall be used in the respective records and journals of those houses ; and either of those languages may be used by any person or in any pleading or process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. 214 THE CONFKDKnATION ACT Ai)i)ointinent iifoxecuti e oflicora for Ontario and (Quebec. Powers, duties, &e., of executive otlicers. «■ %' I Great Seals. Thti Acts of tlie Parliament of Canada and of the Lc;ji^ lature of Quebec shall be printed and publislied in hoth those lan{«uaf(es.' "' Oiitnrio and Qiielu'c. 13*1. Until the het^islatiire of Ontario or of Quebec otherwise provides, the Lieutenant (iovernors of ()ntaru> and Quebec may each appoint under tlie Great Heal of tlit- Province the follovvin<{ officers,'"' to liold office durin^; pleii- sure, that is to say,— the Attorney (leneral, the Hecretary u;id Registrar of the Province, the Treasurer of the ProN-iucL-, the Commissioner of Crown Lands, and tlie Commis.-iioner of Af^riculture ami Public Works, and, in the case of Que- bec, the Solicitor General ; and may, l)y order of the Lu'M- lenant (xovernor in Council, from time to time prescril'i- the duties of those officers and of the several departments over which tiiey shall preside or to which thev shall belong, and of tiie ofticers and clerks thereof; and may also appoint otiier and additional officers to hold office during; pleasure, and may from time to time i)rescribe the duties of those officers, and of the several departments over wliich they sliall preside or to which they shall belong,', and of tlie officers and clerks thereof. I'lo'S. Until tlie Lej,'islaturc of Ontario or (^)uebec other- wiae provides, all rights, powers, duties, functions, re- sponsibilities or authorities at the passing of this Act vested in or imposed on the Attorney General, Solicitor General, Secretary and Rej^istrar of the Province oi Canada. Minister of Finance, Commissioner of Crown Lands. Coin- tnissionor of I'ublic Works, and Minister of Af^ricultiue ond Receiver General, by any law, statute or ordinaiico of Upper Canada, Lower Canada, or Canada, and not re- pugnant to this Act, shall be vested in or imposed on any ofificer to be appointed oy the Lieutenant Governor for the discharge of the same or any of them ; and the Com- missioner of Agriculture and Public Works shall perform the duties and functions of the office of Minister ot Agri- culture at the passing of this Act imposed by tlie law of the Province of Canada, as well as those of the Commissioner of Public Works. 1216. Until altered by the Lieutenant Governor in Council, the Great Seals of Ontario and Quebec respectivelv shall be the same, or of the same design, as those used in AND SUPPLEMENTARY ACTS. 215 ' tlie Iie^;U ed in both of Quebec of ()ntarif> Seal of tile Jiiriiij4 plea- ecretarvand lie ProNTiice. )niniis,-.ioner jase of Que- of tlie Lifii- iie prescnl'f lepartnients ■ihiiU belons, 1 nirtv aKi) ot'tice tlurin:^ le the duties 3 over which ;, and of tlie uebec otlier- inctio.is, re- s Act vested tor Cieiieral, of raiiada. jHllds. Coiii- Afiricultnre )rdiiiaiice of and not re- )osed on any ■rnor for the 1 the Coni- hall perform ster oi Afiri- le law of the onamisaioner tlie Provinces of Upper Canada and Lower Canada re- spectively before their Union as the Province of Canada. I!t7. The words " and from thence to the end of the CDiistiuction then next ensuinf^ Session of the Lei^islature," or words to l^gt^'"''"""''^^ tlie same effect, nsed in any temptn-ary Act of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next Session of Parliament of Canada, if the subject matter of the Act is within the jKiwers of the same, as defined by this Act, or to the next Sessions of tlie LeLjislatares of Ontario and Quebec re- -pectively, if the subject matter of the Act is within th? jiowers of the same as defined by this Act. 1:{M. From and after the Union, the use of the words .Vs to errors iu " Upper Canada '" instead of "Ontario," or " Lower Can- ""'*"®^" ;ida ■" instead of "Quebec," in any deed, writ, process, pliiidiiiL,'. document, matter or tliin^', shall not invalidate rill' same. l;8i>. Aiiv i'rochimatiou under the Great Seal of the As to issue of Province of Canada issued before the Union to take effect ijgfpre'uniou* at a time which is subseouent to the Union, whether re- *^ *'"'""'.^"*'® after Uniou. latin^ to that Province, or to Upper Canada, or to Lower Canada, and the several matters and thin;,'s t!ier(>in pro- claimed sliall be and continue of like force and el'fect as if the Union had not been made. IIO* Any Proclamation which is autliorized by any Act As to issue of of the Lefiislature of the Province of Canada to be issued ane^r'u?i?olf" under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the Union, may be issued by the Lieutenant Governor of Ontario or of Que- bec, as its subject inalter re 'I'lu' (liviHion and iKljustnu'ut of tlx' dehts, crodits. iiabiliticH, propi-rtieH, and asHetH of Upper Csuiada aiiii Lower (Canada Hliall be referred to tlie arbitrumciit of tlirco arbitrators, one flioseii l)y tlie flovfTnirieiit of Ontario, oni' by tlie (liivorninent of Quebec, and one by the (lovcrnnieiit f)f Canada ; and tlie selection of tbe arbitrators wliall not be made until tbe Parliament of C'anada and tbe Lt'i>is lattires of Ontario and Quebec bave met ; and the arbitrator cbosen by tbe (lovernment of Canada sbail not be ;\ resident either in Ontario or in Quebec. "^ DiviHion of records. I'lilt The fiovei'iior (Jeneral in (Council may from timo to time order that such and so many of tlie recoids, book.-i. and doonments of the F'rovince of Canada as be thinks fit sball be appropriated and delivered either to Ontario or to Quebec, and the same shall henceforth be tbe property of tbat Province ; and any copy thereof or extract therefrom, duly certified by the officer liavin>{ charj^e of the original thereof shall be admitted as evidence. GouHtitutioii of townships in Quebec. 144. The Lieutenant Governor of Quebec may from time to time, by Proclamation under the Great Heal of the Province, to takejeffect from a day to be appointed therein, constitute townships in those parts of the Province «f Quebec in which townships are not then already con- stituted, and fix the metes and bounds thereof. X. — iNTKnCOI.ONIAL K.VILWAY. V ' \- Duty of Gov- 14»'5. Xiasmuch as the Provinces of Canada, Nova erunient and c, .■ j . xt t. ■ i i • • i • i i i.- Parliament of Scotia, and New lirunswick have joined in a declaration Hi'i.T!^"' M^ tli'i't the construction of the Intei-colonial Itailwav i^ make railway herein essential to the consolidation of the Union of British North America, and to the assent thereto of Nova Scotia and New ^K ^ Brunswick, and haw consefpiently aj^reed that provision \ t ■■■' should be made for its immediate construction by tbe Gov- ^r*" ernment of Canada: Tlt«refore, in order to give effect to that agreement, it shall be fclie duty of the Government and • Parliament of Canada to provide for the commencement within six months after the Union, of a railway connecting the River St. Lawrence with th& City of Halifax in Nova Scotia, and for the construction Vjthereof without inter- mission, and the completion thereoK^^with all practicable speed. M AND SUPPLEMENTARY ACTS. 217 bts, croflitiH. 'iinadii iiuii .'lit of tluTc (titario, dill' iovcrnmcnt rH sliiill not. tlic l,('t>is. e arbitrator 1 not be a V from tiino )fils, book.-i. ic thinks fu ntario or to jiropcity of , therefrom. ;hc ori^iiiial may from Seal of the ted therein, 'rovince »f ready coii- ada, Nova decdaratioii lull way ifi itish North a and New pro%'iaion )y the Gov- ^e effect to nment and nencement connecting ax in Nova lout inter - n•acticabIt'■ XI. AoMIHHION OF OrilKU ( 'iH.OMKS. I Ml. It shall be lawful for the Queen, by and with the power to ,dvice of Her Majesty's :\lost Honourable Privy roimcil, ';"''"'[, ^i"!*,, . on Addresses from the Houhcs of Parliament of Canada into the Union, ami from the Houses of the respective IjOi^islatnres of the; Colfniies or Provinces of Newfoundlaiul, Prince Hdward island, and Hritish Columbia, to admit those ('oloiiies or Provinces,''''* or any of them, into the Union, and on Address fioiii tlw Houses of tlic Parliament of Canada to admit Rupert's Land and the North-western Territory,'' ■' or either of them, into ihe Union, on audi terms and conditions in each case as are in the .Xcldresses expressed and as the (,)iieen thinks fit to approve, subject to the provisions of tili^■. 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 Kin},'dom of (Jreat Britain and Ireland 1-17. Ill case of the admission of Newfoundland and As to lepre- Prince Edward Island, or eitlier of them, each sliall be ^-^"yf/,|°",5'i[iKi entitled to a representation in the Senate of Canada of four 'i"fl I'tuicH Kd- 1 . , ,. , . . , . , . ward Island members, and (notwithstandinf^ anything in this Act) in in Senate. case of the admission of Newfoundland the normal number of Senators shall be seventy-six and their maximum num- ber 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 accord- ingly, after the admission of Prince Edward Island, whether Newfoundland is admitted or not, the representation of Nova Scotia and New Brunswick in the Senate shall, as \av ucies occur, be reduced from twelve to ten members re- spectively, and the representation of each of those Pro- vinces shall not be increased at any time beyond ten. except tinder the provisions of this Act for the appointment of three or six additional Senators under the direction of the Queen.''" rr^fHi^^^mrmrmm mam mm 218 TIIK CONFEDEUATION ACT SCHEDULES. T;,e FIKST SCHEDlLi:. I'h-rtonil 7^/^7/•/(•^^• (if Onldlio. A Existing EI,^;c"^)UAI, Division.-s. CdlNTIKS. 1. I'rcsoott. '2. (Jleiigary. 1^. Stoniumt. 4. Ouiuliis. :.. HnsscU. (i. Carlftdii. 7. Prince Kduaid. S. lliilton. !l. Essex. KlIUNtiS OK Coi NTIKs. $^ 11. r_'. i;!. II. i.\ 1(1. 17. IH. 1!t. L'l, • )o 'SI 24. l.'."'. •Jti. '»7 Ni)itli Hiding of Lanark. South Hi(lin),'<>f Liinark. North Hidintr of Leeds mid Xortii l>idin;;nf ( iieiivill". South liiding of lieeds. South Hiding of (iienville. Ivist Hiding of Xortiiuinhei'land. West JJiding of Northiinilierlaud (exeiptiuM- thenfinni the Town ship of Soutli Moniighani. East liiditig of Durham. West Hiding of Oiirhani. Xortii Hiding of Ontario. Soutii ividing of ( tiitiirio. Ivist 1-kidiiig of York. West Hidiii-of N'c rk. Nortii Hiding of ^'o^k. North Hiding of Wentwoitii. South Hiding of Weiitwurth. East Hi(Hng of Elgin. West Kidiiig of Elgin. :«; AND Sl'PPLEMKNTAUY ACTS. 219 •JS. Xdi-tli Kidiiifrof WaUTl(M,. -;t. Soutli l{i(Iiiigof Wiitcrli),,. ;> ». North Kidiiijrof liniiit. ;51. So'itli Hiding nf Hniiit. :ii'. Xortli Uidiiigof Oxford. :<:i Soiitli liidinj,'of Oxfnrd. -J. East Riding of Middlesex. ClTIKS, I'AKTS OF CiriK.-. .\Nli TdUNs. o'l. West Toronto. ;{(i. Kast Toronto. •'>7. Hamilton. • >S. Ottawa. ;>It. Kingston. I<). London. 41. Town of l$rock\ill.., witii tlie 'I'ownsliip ,,f Kli/ahetlitown tiiercto attaclied, 42. Town of Niagara, with the Township . The Xortli l{iding of Urnoe to consist of the T. The South Hiding of i'.ruce to consist of tiie 'i'own.liips of Kin cardine (including the Village (.f Kincardine), (Jreenock, Hrant, Huron, Kinlo.ss. Culross, and ( 'arrick. ■'he County of HfKo.v, divide.l into two l{idings, to he called respectively Nortii and South Hidings : 47. The North Hiding to consist of the Townships of .Ashtield, Wawa- nosh, Turnberry, Howick, Morris, (Jrey, (.'olborne, ilullett, including the Village of Clinton and McKiUop. 48. The South Riding to couHist of the Town of (ioderieh and th.' Town ship (if (icKlerioh, Tuukersmith, Stanley, Hay, rsbonie, and Stephen. € 220 THE CONFKDKRATION ACT The County of MiuiiI.Kskx, divided into three Hidiiifi;s, to be called r«- si«'Ctively the North, West, and I'last Hidings : - 4!>. The Nortli l{idin}ir to consist of the 'l'o\vnslii))s of Moiiillivray and IJiddnlph (taken from the T-oiinty of Huron), and Williams Ka.st. Williams West, Adelaide, an', Honmey, Haleigh, and Harwicii, and tlu^ Town of ('hathani. h'A. The ("(unty of HoTHWi<;r,t, to consist of the 'I'ouiiships of Somhra, Dawn, and Kui)liemia (taken from the County of T/anditon), and the 'I'ownships of Zone', Camden with tiie (iori' thereof. Orford and Ifoward (taken from the County of Kent). The (jounty of (Jkky divided into two Hidings to i)e called respectively the South and \orth Hidings : — .■)4. The South Hiding to consist of the Ti)wnshii)s of Mentinck. (Tlenelg, .\rteinesia, Osprey, Normanby, lOgremont, l*rot(>n, and Melanothon. o;"). Tiu' Nortii Hiding to consist of tht^ Townships of (Jollingwood. Kuphrasia, Holland, Saint Vincent, Sydenham, Sullivan, Derby, and Kepiiel, Sarawak and IJrooke, and the Town of Owen Sound. The County of HiCKTii divided into two Hidings, to lie called respectively the South and Nortii l\idiiigs: ."ili. The North Hilling to consist of the Townships of Wallace, Klnia. Logan, Kllice, Moruiiigton, and Nortii Kasthope, and the Town of Stratford. .')". Tlie South iiiding to consist of tlie Townships of lUanchard. Downie. South I'lasthojie, Kullarton, llilihert, and the N'illages of Mitchell and St. Mary's. The Count}' of Wkm.imiton, divided into three Hidings, tcr Im- called re- spectively North, South and Centre Hiclings : .'•S. The Nortii Hiding to consist of the Townships of .\maranth, Arthur. Luther, Minto, Maryborough, Peel, and the Village of .Mount Forest. "i!l. The Centre Hiding to consist of the Townships of (iarafraxa, Krin, Kraniosii, Nichol and I'ilkington. and the Villages of Fergus »m\ Filora. 00. The South Hiding to consist of the Town of Cuelph, and the Town- nhips uf (lUulph iind I'uslinch. ANO SUPPLEMKNTARY ACTS. '221 L'tiVt'lv I.mI r. Ttiwn- Tlic Cdunty of Noiikoi.k, divided iiitu two Kidin^'s, tn !)<■ rallrd i-t-i)M'ftiv('l>- llic Sotitli and Nortli Hidings : - 1)1. Tilt' South Hiding to omsist of tiic 'I'liwnsiiip-i of Cliiirlottcvillf- Houghton, W.'ilsingliani, and Woodhoiisi', and witli tiic (Jorc thereof. 02. The North Riding to consist of the Townshiiis of Middletoii, 'I'own. send, and Windiiain. and the Town of .Sinicoe. tJ3. 'i'he County of IIai.dimand to eonsist of tlie To\vnshi|is of < >neida. Seneca, C'ayuga Xortli. Cayuga Soiitii, IJainiiani, Waliioh-, and lluun. t»4. The Comity of Monck to consist of tlie To\viishi)is of Canitioro\igh and ^[oulton and Sli('rl)rooke, anil tiie Village of i)unu\ ille (taken from the County of HaldiiuandK tlie Townships of ('.li.^tor and (lainshorough (taken from ttie County of LiTieolu). and thcTownsJiips of Pelham and Wainfleet (taken fvoni the Ccunity of W'elland). •>:"). 'I'he County of Lincoln to consist of tiie Townships of Clinton. (irantliaui, (Jrinishy, aTid Louth, and the 'I'ouu of St. Catharines, ♦it). 'I'he C\)unty c)f Wki.I.AM) to i:onsist of the Townships of l>ertie, Crow - land, Humherstone, Stamford. Thorold, and W'illoughhy, and the Villages of Chii)pewa, Clifton, Fort Krie, 'i'horold, and W'elland. t)7. Tlu! County of Pkki. to consist of tlie Townships of Chinguaeousy, Toronto, and the (Jore of Toronto, and tlu' N'illages of I'rampton and Streetsville. (W. The County of Cahdwki.i, to consist of the 'l'(iwnshi|)s of Alliiou and Caledon (taken from the County of I'eell, and the Townships of Adjala and .Mono (taken from the County of Simcoe). 'I'iio C'ounty of SiM<'()K, divided into two Hidings, to l>e called respietively the South and the North Hidings ; Vt'X The South Riding to consist of the Townships of West ( iwillimhury, 'l\'i!umseth, Innisfil, Essa, 'I'ossorontio. .Mulmur, and the \illage of Bradford. 70. The North Riding to consist of the Tow nships of Nottawasaga, Suii- nidale, V'es])ra, Flos, Oro, Me(h)nte, Orillia, ami Matchedash, Tiny and 'I'ay, Halaklava and Rohinson, and thi' Towns of Rai'rie and Collingwood. Tile County of Victokia, divided into two lviehnont and Methiieji, Douro, Dunnner, (ialway, Harvey, Min(h'n, Stanho|(e and Dysart, (Jtonabee and Snowden, and the N'iUageof Ashhundiani, and any otlier surveyed Townsiiips lying to tiie nortli of the said Kast Riding. The f'onnty of Hastings, divided into threi' Ridings, to lie called re- spectively the West, Kast, and North lUdings : 7-">. The West Riding to consist of the Town of Belleville, the Township of Sydney, and the Village of Trenton. 7<». The East Riding txisting at the Union, not siM'cially mentioned in this Sciiedule, is to be taken as part of the County or Riding within which it is locally Mituate. AND SUPPLEMENTARY ACTS. 228 Til.' SECOND SCHKDILK. Kh'cti'rdl nixtrictx of Qiii'hc,- sjxciulh/ ji.vfd. ColNTlKS OK I'oiitiac. ( )ttawa. ArtrcTitciiil. Hinitiii|)erCauaila. Consolidated Municipal Loan Fund, Lower Canada. ^Agricultural Society, Upper Canada. Lower Canada Legislative (Jrant. (.^uel)ec Fire Loan. Tainiscouata Advance Account. (Quebec Turnpike Trunt. Kducation — Fast. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada Superior Education Income Fund. The FIFTH SCHFDULE. Oath ok Ai.i.KiiANcK. I, A./i. do sw'ar. That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria. Xiite. — The liiiiiic of the Kin'j or (Juren a/ the U nited Kitujdmi of Great liritain, and Ireland for the time beini/ in to lif sulistUulcd from time to time, with proper ternui o/' refcrtnee thereto. Dkci.ahatidN' ok (Jtalikication. I, A.B. do declare and testify, That I am by law duly qualified to be ap- pointed a member of the Senate of Canada [f Cdiuiilti. ['2dTU JUNS, 1871. WiiKiiKAsT;) doubts have been entertained respecting the powers of the Parliament of Canada to establish Provinces m territories admitted, or wliicli may hereafter be admitted, into the Dominion of Canada, and to provide for tlie repre- sentation of snch Provinces in the said ParHament, and it IS expedient to remove such doubts, and to vest such powers in the said Parliament : Beit enacted by tlie Queen's Most Excellent Majesty, by and with the advice and consent of the Lords, Hpiritual and Temporal, and Commons in this present Parliament asPombled, and by the authority of the same, as follows :— 1. This Act may be cited for all purposes as The British Short title. 1 .\i)rth Aiiwrica Act, 1871. \ 3. Tlie Parliament of Canada may from time to time Parliament of establish new Provinces in any territories forming for the t^Tal.lish '.'.Vw time bein-,' i)art of the Dominion of Canada, but not in- I'^^viiues .unl eluded ill any Province thereof, and may, at the time of Shul^o.,;" such establishment, make provision for the constitution ®'''-' ""'^■'="' and administration of any such l^rovincr. and for the irissiiiH of laws for the peace, order and ^uod government of such Province, and for its representation in the said Parlia- ment. :t. The Parliament of Canada may from time to time, Altoratinn m with the consent of the Legislature of any Province" ' of tho lil.'/Jin';! .'iT-v... IIUV Hi Leo. feaid Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with '22») THK coni'ki)?:hation act V the like consent, make provision icspectin<,' the effect and oi)eration of any suoli increase or diminution or alteration of territory in relation to any Province affected thereby. 4. The Parliame>it of Canada nuiy from time to time make provision for the administration, peace, order, and any t(^rritoiv ifood government of any territory""' not for the time bein" not uu-lii(U'il . ■ •' '^ ill a I'roviiiff. included m anv I'rovince. I'arliaiiiciit of Canada may loyislati' for ('oiiflniiatioii of Acts of I'arliaiiiciit of CaiiaTH Ji:r,Y, 187.'). Whkiskas by section IH of The UritM, Sorth America Aet, 1S67, it is provided as follows --" Tlie privileges, im- munities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the members thereof respectively, sliall be such as are from time to time defined by Act of tl-e Parliament of Canada. biit Ko that the same shall never exceed those at the passing of tliis Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof." And whereas doubts" have arisen with rei,'ard to tiie power of defining by an Act of the Parliament ot^Canada. in pursuance of the said section, the said privileges, powers or immunities ; and it is expedient to remo%e such doubts : Be it therefore enacted by the Queen's iMost 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 authoritv of the same, as follows :— 1. Section 18 of The Uriti.h No,th Amerira Aet, i.%7, is Substitution iieretjy repealed, without prejudice to anvthin^' done under f '""" *'«^'^''0" that section, and th. following section shall be substituted of'w^ud "/'v, for the section so repealed :— '-■■ '^' The privileges, immunities, and powers to be held en joyed and exercised by the Senate and by the House of C onimona, and by the members thereof respectively, shall be such as are from time to time defined by Act of the H.O.C ^5 22b THE CONFEDERATION ACT Confirmation of Act of Parliament of Caimrtii. Short title. Parliament of Canada, but bo that any Act of the Parlia ment of Canada defining such privilefjes, immunities and powers shall not confer any privileges, immunities, or powers exceedinf^ those at the passing of such Act held, enjoyed, and exercised by the Commons House of ParHa- ment of the United Kingdom of Great Britain and Ireland, and by the members thereof. 3. The Acf^** of the Parliament of Canada passed in the thirty-first year of the reign of her present Majesty, chapter twenty-four, intituled An Act to provide for oaths to witnesae.^ hehuj administered in certain caga for the jmrposcs of cither Home oj Parliament, shall be deemed to be valid, and to have been valid as from the date at which the royal assent was given thereto by the Governor General of the Dominion of Canada. 3> This Act may be cited aa The Parliament of Canada Act, 187n. I 3f the Parliu inunities and munities, or ich Act held, ise of Parha- 1 and Ireland, passed in the jesty, chapter lis to if(7)(t'.■ ^^ ^'^^^ »« ''''" ^''•'"''*'' •^"'•"' •''"'■'•"" Act, 1S80. 30 and M V. C ;i; 34 and 35 V. c. 2H. This Act, and The Ilritish North America Act, 18C)7, and The Itritixh North America Act, 1871, shall be construed to ■aether, and may be cited tof^ether as The Uritixli North America Act^, IHH? to lHH(i. AND Bt'PPLEMENTARY ACTS. 231 is increased le case nniv b of ('aiiiiilii srritories of )rtli Atiu'riiit it, 18(17. and onstrued tn 'rili.-tli Sortli NUTKS TO THK CONFKDEHATION ACT. I This Act is ri'printrd ficmi t)u> collection of " Piiblic flcricral Htiitiitfs" i-siied \\m\ tlio '• IjRW I{« jiort-i, " N'ol. II, Luiuloii, ]s<;7. 'I'lio text has liccii carcliiUy (•niniiiired with tliiit. foiuHi in the colleciion of " I'uhlic Ooiicral Acts " i>siit'il hy tho yueen's Printors, London, IsdT, and also witli that found in the "Stiirntcs lit Liil';jo," Ijoiidon, IsCm, Tlio only (lilTcicncc innotitrst iheso various tMlilinii i< in tilt' marginal notes, and as the livst two nj^'rce. they Inive heen here fnlhiweil. The Act is :iii \ict. cap. .( in the •■ l,n\v Hepuvts. ' and also in the " I'nlilic (tcneral StHtutes": it is :«) A .'tl \'ict. cap :t in the ■ Statutes at Jiart,'o". In the ollicinl ii-- I'lints of toe Act. prefixed or ajipcniled to the Kevised Statutes of Ontario, Qiiil>ic Nova Scotia. New Urunswick, and .Manitoba, the notation of the 'Statutis at Larye " has been followed, l-'or a full report of the debates on tliiineasure in its [impress through the liiiperial Parliament see "Ilunsard'ri l'arlianientai\ Debate^," third series, vol. Irt."), pji. .V)7. ^01, 1011, llt'd, and 1310. The ordinary CaiiadiMU histories !,'ive a siiHiciently detailed narrative of the events wliicli led to ilie cou- (ederatioii of the leading Provinces of Uritish North Aniericii. For a full uid vul liable iiccoiint of the Quebec confercnc" of IMil. sei' " Con fed er.it ion of Can mi a. ' ' \'ol. I.; Toronto, IHT'2) by Hon. John Hiiiniltoii (iray, one of tlie delegates repr.- seiitiiit,' New Hrunswick. Tlie debat(>s in tlie Canadian I'ailiaiiieiit. in the -^es- loii of ^^t; ', on tlie motion to adopt the " Quebeo liesohitions," wtre printed in a siiiyle \oliiiiie under the title of '■ Parlinoiciitary Debates on tlie subject of theConled- < lation of the Hritisli North .Viiieriiian Provinces." iQueliec, lNtl,'5i. This collect ion iif speeches by the foremost statesinen of Ciuiada, is indis|)onsable to the student f tills part of Canadian constitutional liistory. For tlie text of the yiu'iec Ke-oliitio!is sei^ .\ppeiidix F. ■' III Can id I aiul Nova Scolia the i|uestion was never submitted to popular vote In New Hninswick a Kciioral election was held to decide tlie matter. I'rof. Dicey in his " Introiluctioii t > the Ijaw of the (Constitution " Chapter III . |i 1.").) of the third edition I says; " Tlu^ preanilile to tlie Hritisli North .\iiieriea \<-r, iMi", assorts with orticial i.'iendacity that the Provinces of the jiresent Domini"n have expressed tludr desire to be united into one Dominion ' with a constitution similar in principle to that of the United Kiiit^dom.' If preamliles were intended to express the truth, for ciii! word ' Kiiit,'doiii ' out,'ht to have been substituted States.' since it is clear that the constitution of the Dominion is modelleil on that ot tiie Union." For a useful comparison between the constitution of Canada and ilw of the l.'niteil States see Dr. Hoiirinol's "Canada anil the Uniteil StiUe-- " ri.insactions of the " Itoyal Society of Canada" for l.silih, and his paper under tlie -ame title in the Scnlli^h Uti-iiH' ior A\\\\. IS'.lO. See also " Parliamentary {lovorn- ncnt in Canada, bv the Hon. t". C. Colby, M P., and the Ltiiv i I'.Mr.ii ias,,Ki,i! r,i\A iG :i,is-.,7.u J,;j2i,.si() '■< For a full account of the relation s\istained by the ftovernor-Creneral to tln' imperial (lovornmont on the one luiiul and to hisosvn I'rivy Council on t\w oilier. sec Todd'.s " Parliamentary Government in the Hritish Colonics," pp. 7i)-12"i. On the exercise of the prero^'ativo of mercy, see ihid, [ip. 251-271. 10 See Note 13 to the Union .Vet, 1810, above. 11 Section IS of "The Hritisii North America .\ct, 1W7." was re)ieaIoil by "The Parliament of (^anaila. .Vet, 1.S75," and a iu',\<; section substituted (see p. 227). I'J The ;'wst Parliament of the Dominion of Canada met on tlie 7th of Novcmlu'r. 1807. 1-^ For the duration of Parliament b(M' section .50. U This number has been increased to SO by subsequent legislation, three of the additional mombers reprosentint,' Manitoba (Statutes of Canada, 33 Vict. cap. 3, sec. 3; Kev. Stat, of Canada, l.ssti. eap. 12i ; three rcpresentinK British Columbia i Stat. of Can., 1H72, p. Ixx.wiiii; and two reijrescntinu the Northwest Tiu'ritories iStat. of Can , .50 A" 51 Viet. cmji. 3. For contiii'intory Iminn-ia! leKislntion see ]>. 22(') and p. 22) below. See section 1 17 a< to the representation of Prince IMward Island in the Senate. I- Compare section 117. ''• See Journals oi Housi' (if Comiiioiii for ls,')7-(;s, pp. v-vii. i; See Todd's " I'arliaiiu'iitarv (iovernuieut in 'die Briiisli Ciilonies," ))p. Kil-l'M, for a brief account of an applicalion made in isv.i by the (J.inadian to the Imiior.al Government for the addition of si.x members to the Senate. See alscj Senate Deliates for 1877, pp. si-'.Ji; Conim lus Doliales, same year, p. 371; and Seuau' Journals, same year, iii). 13') J31. ■« See Note 14 above. ") For the state of I lie law in re;4ard to these matters in the I'loviuce of Canadii prior to Coiifedenition sec! " Consolidatt d StHti;tes of Canada," 185'.), pi>. 1-151, an 1 Canadian Statutes 23 Vict. cap. 17 ; 27 Vict. c. 8 ; 27 & 2s Vict. cap. 51; and 2',( Vict cap. 1. Tho trial of controverted elections to the House of Commo)is was trans- foirod to the Courts of law by Dominion Statute 3() Vict. cap. 23. This was rt'placcd by 37 Vict. cap. 10, the validity of which was iu 187'.) declared by tho Supreme ?al tlefluitinii niiurial Act. isii" (Appen- dix B, I 1S81 was ii- Mieral to tli>,' (111 tlio other. I), 7f!-l'2j. On aloil by "Till' I. 2'27;>. of Novciulirr, . thi't'O of the c't. CMji.:!, sec. hiiiil)i:i iStat. ories I Stat, of . 220 aiKl p. Ishuul ill the pp. ICil-l'i.'), tlie Iiiiporial also Somite and Senate e of t'auadii [ip. 1-154, aiul and eil Vict. IS was trans- was ri'iilaceil ,lio Slipi'ouie AND SUPPLEMENTARY ACTS. 233 Court of tlio Dominion i'i Can Snp. Court Reports; CartwriRlit's Cases, Vol. 1. p 1()7), and afterwards atlirmod by the I'rivy Council (.j Appeal Cases, l.VJ). The trial of controverted elections to the Legislative Assoinhly of Ontario wars trans ferred to the Provincial Superior Courts by Ontario Statute, ;!l Vict. cap. )!. - The ollicc of Deputy Speaker was created in 18S5 by Doni. Stat- 48 & 49 Vict, tai). 1. ;i After the census of 1871 the representation was re-adjusted by Doui. Stat. :t."> Vict. cap. l.'l .\fter the census of H-H it was re-adjusted by Doni. Stat, l.j Viet, cap. l>. :i See INIay's " Parliamentary Practice," chapter on " Supply and Ways aiil Menus"; and liouriuot's " Parlianieiitary Procedure and Practice," chapter vw ■ Committees of Supply and Ways and Means." -^ Prior to the passage of the Union .Vet, l.sKi, (sec. .')7i there was no such r . trie tiou. See Scrope's 'Ijife of Lord Sydeiiliam," p 'iO'i, and Lord Durham's Keport p. :u of the liritish Parlin.meiitary Edition i. -J See Todd's "Parliamentary GovernnuMit in tlie Hritish Colonies," pp. l.'iD-l.")!. -- SeeN'ote 2t. ■ 'I'lie only Li'iutonant-Governor removed under t'le authority of this section was the Hon. liU'! Lotellier. whose dismissal from the Liouteiiant-(iovornorsliii> ot Quebec took plac" in ls7.). For a succint and lucid account of this important case see Todd's "Parliamentary Government in the Hritish Colonies," pp. 405-42S, See also ■Journals of the House of Commons of ('Miinda, 1S7'.', p. .S.'i ; Dom. Sess. Papers, vol. xii. No. 19; Dom. Sess. Papers, vol. .xii, Nos. l.s, e-iid ls\ ; and Debates :< made partly elective The orisinnl Province of I^ritisli ColuniluH, which was under tlie same Gnvin'iior with Vancmntn" Island frnin 1S.")S tn IKC.I. was in the latter year (-■ranted a separiitr' establishment, consistiin,' of a (iovtrnor and nil appninted l>ei.!islative (^Duncil. Tlu! expense cif this arnim;enient lir\ ii cnn^titution similar to that of Ontario, with a view to the achnission of t)}v Province into the Dominion. Tlie statute or ordinance niakinj,' this elmnu'e is Nn. I (7 in tlie ■ Law-) if British Colunibiii, ilicvisedl, 1871." See also Maclics •' XanioMver Khii'd and Hriiish ("iiluiii1)ia." elia)). xiu, iljondon, lHfl.")l. TIk' present iMiistitiitidii nf llritisli Ciilumliia is cdntained in ciiap. -1 of tlie '■ ('misolidared \cl<. isvs '■ I The reiu'esentntion in tlio Ontario lie^^i^-lative Assembly wiw re-acljii'-teil ii, l^7•l liy the statute .is \ict. eaji. 'J, which increased the i!ienilershi)> tti.ss. It wa- af;ain re-adjusted in l^s . by the stntntc 4H Vict. caj). 2. whieii increiiscd tin. mcm- hershi)> to i)0. l!y 'ti \ict.. cini. '3, tli:( Vict , caj). . 1 1. incfCiisiiii.' tiie membership ot the fje^iislative Assembly to 7-2. M, The Ijet,'islMtin-e of e:ic!i of tl'.ese Provinces met for the tiv^-t time on tlie -I'O. ol Decemlier, ls(;7. ;;; Kor the law securiii'.j the iiideiieudeiice of the members ot the Leuislative Ansembly of Ontario, see Hevised Statutes of Ontario. I,ss7, cii|). n.. ss. (l-ll. Vvi the correspondin« law for tin; Province of Quebec, see Revised Statutes of Quebec, 1K88, articles i:m-lH. :>■ The followini,' statutes embody tlie law of Ontario in ndiition to the matters specified ill tins section : .\s to the ipialitlcation of inenilers of the Lef,'islativi- Assembly, U. S. ().. issy, cap. '.i, s. .! ; as to oiiits, ,\s to eli;,'ibility and disipialilication of memliers of the Legislative Assembly, R. S. Q., lissr^, articles ',).")-;i!) : as to the qunlilhation of voters, ■W Vict., cai). I; as to proe(!ediiit,'s at elections, li. S. Q,, l.'SKs, ,.np ■>; as to con- tro\erted elections, H, S, Q , isKs, ciip, U : and iis to vacancies, I!. S (^> , l.'^H'*, article^ UK)IO.~<. The Ontario Ijei,'islature by the Statutes 4'_' N'ict. ciip. I, subsecpiently amended by IS \ ict. cap. 2, tised more detinitelv tlu! hmits of the foui-\ear term Hy the Statute ll-l.'> Vict. cap. 7, the QiU'bec Lcf;i^-hitiire extended the term ti five years for that Province ;.'.i I''or the int'U'pretiitioii ol the jihrase " trade and commerce," l>y the Courts, see Cariwrik'ht's " Cases eii the UritiNli North .\merica .\cl, IsHT," Two of the must imiiortaiu decisions are those ^iven by the Privy Council in the Citizens and the Queen Insuraiieu I'ompanies v. Parsons (Vol, 1,, p. Sili.)), and llod){o v. the Queen (Vol. III., p. 114) .\iiioti«st other cases illiistrRtin« iliis point are Heard V. Stetde (Vol, I , p, (ls:t), Harris v City of fliimilton il,,75i'>), Noel v, Co of liichmoiul ill., 241)1, .\n),'us V. City of .Montreal ill., ll.".!. Mallette v. City of .Monireiil (II., .'Uti, and Cote v. W.itson ill., :(4;i). AND SIPPLEMENTAHY ACTS. 23i « Iioeii in lWi;< icli WHS under 111' latter year an iii)pointen nf ro-niljii'-tcil ill t.is.s. It \va- scil till' iiicni- irl ol till' I'r:. inci'ciisin;.' the 111' on till' -I'V.' Ill' Li'tiislative .. ss. (i-11. I-'oi t«!S ot (Jui'liei' the niattor- liO^iislativi- I's. Ihiil Clip. J, •t., caji, -1 (tilt- 1.SH7, t-aji. '.I ti> vacancies )f (jine')ec it. iljcrs of t'.iH ion of voter>, as to coi;- 1SH'<, artieU'" ■iiibseiiuently ir \<'ar teri" Uu' term i 11' Courts, sct- of the nic'-i I'iti/.ens an'l lloil^jf V. ti:e It are Heai 1 of Kit.'lnnolii: real ill., :WM, •ifi See tlie case of Leprohou v. City of Ottawa iCartwriRht I , .")lf2i. ■^1 .As to tlie nature of the control here vested in tlie Dominion (iovernmcnt over inhmd fisheries, sec the case of Queen v. Ko'iertsoii n'artwiii;}it II,, f!.")i. i'i See the decision flii Three Ifivers v. Suite iCaitwii'^ht. II ,■.!>.). Hx /mrte Pillow iCartwrii^ht. Ill . -i'ti). Windsor v. Comineicial UiviiU o artwri^lit. III, :i77i. and Hod^;e v. the (^)Meeii iCartwriKht, III.. I 111. 7(h, Uussell v. the Queen (II., I'i), Noel v. Co. of Kiciuiiond ill., 'Jlfl', '"ihree Hi vers v. Suite (11 , 'isOi. l-lx imi-ti' Leveille i II.,:M'.l). Pdoiiin v. (>tucd)ec iIl..:i(Wl. Hart V. Mississijuoi ill., .is-Ji Cooey v. Hronie ( II.. :iH.")), Do St. .\iibyn v. iaifrailce ill, 3l)'Ji, Koefe v. Mcljennau (II., 4U(li, Koptina v. Kint^s Co Justices (II., iW). Ke^fimi V. Frawley (il., '.hOi, l{et,'ina v. Prittie (II , WHh, Kcpiiia v. Imke (II., liKil. Hodi,'e v. tlie Queen iIII., llll, Potilin v. Quebec (III., 'J.iOi, luid our(,'oin \. The Mont- real, Ottawa and Occidental U.K. (Cartwriuht, I,, iCt), Credit Valley K.U. v. (i. \V. U.K. iI.,H'j'2i, Alaelouj^all v. L'liion Navi^'ation c;o. (I., 'J'isi, Kef,'iiia v. .Mohr (11., ij7), Monkhoiise v. (irand Tnmk U.K. iIU. '2s',li. See also Uom. Statute Hi, Vict., cap. 'Jl, s. t), and Uevisod Statutes of Cii inula, is.nii. cap. 1(1'.), s. 1'21. *>" Many decisions have been K'veii by the Courts involving a detinitioii of this phrase, aniont,'st others the foUowiiif^, all of which will be found in CartwriLilil's collection; Cushino v. Dupiiy 1 1, 'JVJ), Citizens and Queen Insuranci? (,'om|>auie8 V. Parsons d, -Jti.ji, Dobie v. Teniporalitios Hoard (I., :i.')l ), lli' Cioodhiie (I., .")t5(ii, Cronibie v. .Jackson (I., fiK5), Jones v, Canada Central U.K. Co. il, 7771, Smith v. Merchants MaiiU (I., H'2H), The (Jueen v. Kobertson (II., (mi, ■McClana«hiiii v. St. .Vnne's .Mutual P.uihliiiL; Society i II., '.':)7i, Clcveliiiid v. .Melbomne an 1 ISromplon (ioie (II., ail), liennett v. Tiie Pharmaceutical .Vssociation of (Quebec ill.. 'J.'iOi, Loraiif^er v. Colonial Huildiiif,' an 1 Investmeut .Vss iciation 111 . llsi, /,'.' Windsor and .Vnnapolis K.I!, i III.. ;ih7l. 4!' The following, in Cartwriuht's collection, art' some of the mans e.ises derided under this sub-section: Kei^ina v. Coote d. .")?). \alin v lian;.'lois 1 1., I.'isi, l.eniir v. Kitchie (1., 4SMi, The Picton (I., .5.')7). Kfl;4iiia v. K.nldy 1 1., 7i)'.)l, Ue^iiia v. .Nunr (I., 7'22), UeKilia v. hawrence (I., 712), lie Sipiier d., 7V,I), The Queen v. Keno and ^nderson (I., HIO), .\ttorney-(ieneral v. Nill^'ara Falls Ih'id^'e Co. d., si:ii, Po|ie v. (Iriflith ill, '2!lli, Piwe v, (irillith dl., iiO'm, Cole v.Chauveiiu dl., :(lli. Ke-iiia v. lliirner dl, 317), Kx iiart,' Papin dl , .iM\, Pa«e v (inllith ill, ;)'24., Kei^iiia v. iU'linett in.,(i:l4), Wilson v, McOuire (II., (iii.ji, (libson v. Miicdunald dll , :il'.ti. 236 THE CONFKDERATION ACT M Several judgiueiits in decided cases contain dicta illustrative of this sulf- soctiou. In the recent and important case of the Attorney-General of Canada v. the Attorney-ticneval of Ontario it was decided \>y Chancellor 15oyd that an Act of the Ontario Ije ;islaturo (51 Vict. cap. .')), authorizing the Liouteinint-Governor to couiniute and remit sentences for ofToncos aj,'ainst the laws of the Province or otrences over which the lej^i.slativo authority of the Province extends, was within the constitutional competence of the Lef^islalnre. See note 28 ahove. SI Such an appeal was made by Koni in Catholic inhabitants of New Brunswick against the School .\ct passed by the LeKislaturo of that Province in 1S71. Tiie (ioveriior-(Toneral-in-Council decided tliat tliere was no ground for interference, and the statute went into operation. See Todd's " Parliamentary Government in the British Colonies," pp. U-lG-SoO ; and Doni. Sess. papers, 1877, No. 8fJ. A similar appeal was made by KoMian Catholic inhabitants of Prince Edward Island against the School .Vet passed by the Legislature of tiiat Province in 1877, with a similar result. In 1890 the Le;,'is!atur(' nf Manitoba passed two .\cts (chapters :i7 and 3"< of .";:! Victoria), the former aljolisliim; the ilual Hoard of Hduc.ition and the dual Superintendency of Pul)lic Instruction, tlie lattiir creating a single puldic school system instead of the dual system which had up to that time existed by law. w The Parliament of Canada was appealed to in the Xew Brunswick case (sit; note "lU, but no remedial legislation was granted. See Todd's " Parliamentary Government in the British Colonies" pp. 3l()-:!'5!), and Doni Sess. Papers, IHli, No, 2,5. •w Nothing has been done to bring about the uniformity here provided for. •'■'< No provision having been made in the British North America Act for the removal of '."onnty Court ,Iudg(!S, tlie Dominion Parliament in 18s2 passed an .-Vet (45 Vict., cap. 12) dealing with the matter. 5'> For procoodin','s taken in tlio House of Commons under this section, but not carried so far as to secure the removal of tlie judge who was assailed, see the case of Judge Lafontaine of (Juebec (Commons Jonrn^s of 1,SC)7-CS, pp. 297, Mi and 'i'.>f^ : and of 1H()9, PI). 1.'I5 and 217); the case of .ludge flbranger of Qui^bec (Commons .lournals of 1877, pp. 2", 25, 30, 2.58, and Appendi.x No. 3) ; and the case of Chief Justice Wood of Manitoba, (Common Journals of 1,S82, pp. 176, 192, 355; Sessional Papers of 1,882, No. 100; and "Debates of the House of Commons," pp, 1231-1237). r.6 Prior to 1875 the only Court of Apiioal against the judgments of Provincial Courts was the .Judicial Committee of the Imperial Pri\y Council. In that year the Dominion Parliament [lassed an .Vet i3s Vict. cap. II) ' to establish a Su]n't'me Court, and a Court of I'.xchetiuer, for the Dominion of ("anada," and in the follow- ing ye.ir an .\ct (39 Viet. cap. 2l)» was passed "to make further provision in reg.ird to the Supremo ('ourt and the Mxcheiiner Court of Canaila." In the case of Valin v. Langlois (Sui'reme Court Reports, Vol. III., and Tartwright's cases Vol. I., p. 1.5S), Supremo Court, and afterwards the Privy Council, dei'ided that the trial of Douiiiiicni controverted elections properly devolved on tlie Provincial Courts. For a movement to repeal the Supremo Court Act, see Commons Journals of 1882, p. 297, 7 This was one of the great obstacles to bringing about the; union of 1867. See the Uesolutions of the Quel>ec Conference of 1864, (Appondi.x F), and Gray's " Con- federation " of Canada, Vol. I. pp. 01-62. B« In the first session of the Dominion Parliament a bill was passed " to fix the salary of the Governor-General," and by it the f lO.lXX) was reduced to i'0,500. It AND SUPPLEMKNTAUY ACTS. 237 was reserveil "fortlio signification of Hor Majesty's pleasuro," and tlie message withhoMin;' ber assent is printed as No 73 of the Sessional Papers of IbCn. ■'■' InchidinK lands accpiirod by treaty from Indian tribes snbscrment to Confod- i>rati()n. >eo tbe (!as(> of the St. Catbariiies Milling and Liniil)or Co. v. the Queen. RnLsHsh .Vpiieal Reports, vol. xiv., p. ^li ) '''I The term "royalties" has Ijoen authoritatively dcifiuod by the Privy Council :ii the Mercer Case iOiirt>vrif;ht. vol. :!. pp. 0-l>) so as to include escheats lii This financial settlement has Ih'cii several times disturbed. "Hotter terms" were ciinceded to Xova Scotia in l^'lV.t i Ooni. Statutes, :!2 & :!:i Viet. cap. :i). In 1H73 an .Vet was passed i:v'> Vict. cap. :',0). to readjust the amomits of the Provincial .lebts tor which the Uominion became lialtle. and an .\pt was ))assed the followinj,' vear i'M Vict. cap. 'b, coutiruiin^ the •' bettor terms " settlement made with Nova Sciitia in iMi'i'.i. \n .\ct was passed in IKHI (47 Vict, ci'ip. 53) " to ro-adji;.st the yearly -ut'sidies allowed by Caniida to the several Provinces." In 1H.'^5 nn Act MS & 49 Vict. cap. 4i was passed authorizinc the (bivi'rnoriu-Council to make advances to Provinces on certain conditions. The laws relntint; to subsidies were consolidated in tiio llevised Statutes of Canada, 1*^C, cap 40. The I'rovinec of Manitoba was created in ixja, with certain financial arrant;oniei;ts i..'3 Vict. cup. 3. sec. 25). These arrangements were re-'idjusted by 45 Vict. cap. 5, and a^ain by is & 4i) Vict. ca]). .50; and the latter statute was " explained " by 4'J Vict. cap. 8. For the financial ternii; on which Prince IMward Islaml was admitted into Canada sue the .Vddress to tlie Queen adopted I)y the Dfuninion Parliament in ls7:t (Com .Jniirmils, vol. vi. p. 403). In 1--S7 an .-Vet (50 & 51 Vict. cap. 8) was passed to increase tlii' subsidy to that Pro- vince. The financial an-angoments made with Hritish Columbia on her entrance into the Dominion are contained in the address to the Queen in the Commons •lournals for 1''71. p. I'Jl. I- The adopti Ml of the Treaty of Washington in 1S71 rendered it necessary to ibolisb these "lumber dues," and an Act was passed by the Parliament of Canada .'iO Vict. cap. 41), providing compensation to New K'-nuswick. ''■'■ Ontario h.ad no Ijotjislative Council under the Confederation .\ct, and members !)t the Quebec I.e^islative Council have since served as members of Senate without vacatiiij^ their seats in the Council. The same exemption from disability w.'.s allowed to the members of the Manitoba Lej^islative Council, In relation to dual membcrshii) of the House of Commons and of a Provincial Legislature see DoMi. Statutes 35 \'iet. cap 15, and .30 Vict. cap. 2. '1 These powers were exercised in the; case of tlu! \Vashin;,'ton Treaty of 1871 Dom. Stat. 31 Vict. e.ip. 2). In tlio iu.';,'otiation of tluit treaty Canada was repre- sente 1 by Sir .bihi! .Maedonald ; in tlie negotiations of the abortive ireaties of 1871 and l8->s, tlie reprt>sentatives of Cana la were respectively the Hon, George l$rown and Sir Charles Tupper •'■'• The Parliament of Canada subseijueiitly authorized the use of both languages hi the Legislature of :\lanitoba (33 Vict. cap. 3i, and in the Ijegislative Council of the North-West Territoru's (43 Vict. ciii). 2">, sec. ill ; Uev. Stat, of Canada, IKSG, cap. 50. sec. 110). The Manitoba Legislalure in 181»0 abolished the use of the French language in its proceedings (,"i3 Vict, cap, It), and in tlie session of Is'.io theCanadian House of Commons declared it "expedient and jiroper" that the Legislative Assembly ot the North-West Territories should hii vc, after next general election of the .VsHiiiibly, the right to decide for itself the (luenlion of its continued use (Com. Journals is'JO, pi). 10B-J08). "li The Ontario Legislature in 1872 authorized the increase of the Executive Council to six members (.35 Vict, cap, 3, sec. 6), but did not add to the number of 288 THi; CONFEDKUATION ACT executive (U'liHrtiiieiits till lS7(i, wIkmi tlio ollice of Minister of I'.ducatioii wn? created i:i',) Vict . cn)). Itli. In IHSNt lie limitation to six was renioveil. ami the Deiiai't- uient (jf \i;ricultini' wiis iiliiecd in uharKe ofa " Minister " i51 \ iot. ci!]). si. In Qnebei- tile iiKJhiliersliiji of tile Kxeciitivr (ii I'nldic Win I;-;, '; 'rile iirliltriitcir rli(i-;eii li\' liie ( io\ eminent of Ontinio was tl'.e llmi. :iiiore recenth Sivi Davi 1 Lewis M.u'iilierson. of Toronto ; hy tlie (iovernuienr y the (ioveniineMt of C.inada. tile Hoii..)olin Hamilton Hray, tlieii of ~t.Joliii, N.H.. afterwards Chief .Iie-lieeof Hritish Cohunliia. See Out. Se-s. Tajiers. No. 'J? of IST.'I, and No. A-li of isTs for li. a till! account of nil tiie !iroi'c'(!diii;.'>^ of t!ie ;irl>il intors ilown to tin- t iiiie of tlieir award on the "rd of S(!j)t;'ii!ber. 1hT(|; ivli rlie te\t of the awi'.rd itself; '■>■ nil the (•r)rves- pondeiice resiilfin^' from it ; reimdiiitioD hy successive Mxeeutive Coimeils (jf t^)iie- hcc ; Ml the iiroceodiiH.'s |ireliniin,iry to the submission of a"s])eeiiil e.isc" to the Imperial I'rivy Coniieil ; mid i >' the Ihnil decision of that bodyoti the 1 1th of March, IsTS, deelariii-! thi^ a wind to lie liiniliir.;. ''■- l-'or )iroce<'d:iit,'s of tlie Hoib-e of ( ■ominous in com lect ion with Ilie inloiit ion of the address for liie adniis.-^ion of Hriti h ( fihimbia, iind for the text of tin; mldress itself se(^('oni. .lour, for IsTl. ]iii. l-^'-'-'ili:!. The Order of Her Miije-ty in i unncil declariiiL! the union of Ciinadii and lirili'^h Coliinibia will be found on iip. l\\xi\- (vii of the Statutes oi' Caimdii for IsTi. The proceedinf^s of the Hon-^e of Coiniiions in conneilion with the ndmission of Prince lldwiird Islnnd are ^;iveii on pi'. 4(il-l(ti5' of (^)m. .four, for IsT.t, iiiid tl;e Imperinl Order-iii-Coniicil on pii i.\-xxiii of the Statutes of Camida for the same vear. <» For the text of llie Order of Her Ma.jesty in- omieilaunexiiiL; " Kiipert's Liiild iind the N )ilh-\\'esterii Ti'rritorv " to the Dominion of Caimdii. see Can Stat, of 1^72. pp Ixiii Ixvxiii. The Order is dated, Windsor, .June isTO, and has appended to it the terms and conditi Vict, cup is. The text is reprinted from ■■The iniblifr (ieneral Klatutes " in tiie " Lii w IJeports, \'ol. \T., Is71," hut it has been conipiired with the ti'xl in "The Public (icneuil .Vets" luiblir-lied by the Queen's Printl'r^, Tjoiiilon. 1'71. The Karl of Kimberley made In the House of Lonls a brief state- inent of tlie reasons for introducing the bill (Hansard, Third Seiie-. NO!. 'JOC. p. 11711 Ti The ■■ilotihts" here mentioned were uiised in the Caiindiitn Parliament. Acconiiin; to Lord Kimberley i see vote 7'2 above i the l^aw OJlicers of the t'lown believed the .\cls specilied in section '> of this .•\et to be within the eoiiipetency of the Oominioii Piirliameiit to pass. H The limits of Manitoba were eiilar.Lied by the joint lO'tion of the Dominion Parliunient and tlie Mnnitoba Let;isliitare in l^.sl. See .Manitoba Statutes, U Vict., cc. 1 and \L; Doin, Htat , 41 Vie', ca)). It and Uev. Stat (.'an., I.'SM- cap. 47. ASn SrPPLKMKNTARY ACTS. 239 7.-, Siicli iirovision is iiiaiU' by Cliai>ter8 .'J0-.'")4 of tlie liev. Stat. Can. 1886. Aiiii>iit;st jirin ictus eiiactuintits are the following: Soviet, caj). 40; H'.t Vict. cai". 21; U Vii't. •ail. !.■>; 47 Vict. cap. 2.t; 48 & 411 Vict. cai). 51 ; 49 Vict. cai>. -Jj. '•'■ 'lliis Act isH8&39 Vict.cap.IlH. Thetext is reprinted from " Tlie Public (icncral Statutes," issued with "The liasv Keports," London, l.'^7">. Tlie occasion of its passage was the opinion repressed hy tlie Law Otlicers of the Crown in ls7:t that the statute (36 Vict. cap. U passed by the Canadian Parliament in the tirst sessiiui of that year " to itrovido for the e.sainination of wittir-sses on oath by Cunnnittees of either House" was lieyoiid the competence of tluit Parliament, under sec. Ifs ot the Hritisli Nortli .Vmcricaii .Vet. Tlie Statute was in cou^fiiuciice disnllowed by Her Majesty, and tlie iu(iuiry into certiiii chart^cs respectiiif,' the I'licilic Uailway. t-) I'lieilitato which the passage of the .Act was deemed necessary, was entrusted ;o a Uoyal Commission. See Com. .Jour.. 1S7;5, iflrst session) pji. 115. 137. hit;, -Jii" ; and correspondence respecting the disallowance. Com. .Jour., 1^7.!, (second session 1 pp..) — I'J 111 the hitter volume ipp. \-2 IHh will be fomul the narrative of the case sent by the (lovernoi -(leiieral, Lortl DulVerin, to the Colonial Secretary. Lord Kimberley The .Vpiiendix to the same volume cmtains the Iti'port of the Koyal Commission al»ove mentione 1. 7" The ''doiibt..^" here mentioned seem to have arisen chietly in the Senate Com. .lournals, lS7:t, second session, p. ti'. See Ihnl.. i>i>. 7-10, for the t)pinioiis of Lord Dniferin, Sir .lohn Macdonald. .Mpheus Todd, and the Law Otlicers of the Crown, 7H This Act is entitled " .\n .\ct to proviile for Oaths beiiif:! administered in certain cases for tlu( purposes of cither House of Parliament." The lirst section is as follows : " Witnesses may be e\!imiiiiMl upon oath at the liar of the Senate, and for that purpose the Clerk of the House may administer an oatli to any such witness." The second ami third sections empower committees of the two Houses, respectively, to take evidence on oath as to matters relating to Private Hills. The Colonial Secretary (Com. Journals of 1873, second st^ssion, pp. 10-11), points out that llie tirst section, in view of the opinion of the Crown I^aw Otlicers on the Oaths .\ct of IsTit. is ' void ' tinder section 2 of the " Colonial Laws Validity .\ct," 1.SG5. See pp. 'J U 'J 1:5 below. TH This Act is V.) & r,0 Vict , cap. ;;.".. The text is reprinted from "The Public Oenei-al Statutes," issued with "The Law Peports," London. 1886. .\s to the neces- sity of this statute see sections -2 and 5 of the "Hritish North .\nierica Act, 1871, ' pp. 22.")-'2-i() above. '*o The .\ct passed by the Dominion Parliament Riviiifi representation therein to the North-West Territories c an Stat. 4!i Vict., cap. 24), was assented to l)y the Crovernor-General on the 2nd of .Lino, l^s8(i, See date of assent to tnis .\ct above. -1 Seij Note 1 1 abo'-o. u 240 THK COLONIAL HABEAS CORPUS ACT. COLONIAL HABEAS CORPUS ACT, 1862. An Act^ ri'Sjii'i-tiiii/ t/w issur of Writs of IIitbean Corpus nut ni l'!>i(il(t)i(l i)ito llcr Mdji'stij's Possessioiis Jo writ of Habeas Corpus shall issue out of England, ony,&c.,haviii!,' by authority of any judge or court of justice therein, into Court author- colonv or foreign dominion of the Crown, where Her izeu to yrant j .. n same. Majesty has a lawfully established court or courts of justice having authority to grant and issue the said writ, and to ensure the due execution thereof throughout such colony or dominion. Not to affect 2. Provided, that nothing in this Act contoined shall right of appeal. ^^^^^^^ ^^ interfere with any riglit of appeal to Her Majesty in Council now by law existing. 1 This Act is 25 & 20 Vict., cap. 2). Tlie text is reprinted from tlio " Statutes at Large," vol. xxv, Loudon, 1«C2, COLONIAL LAWS VALIDITY ACT, IWm. 241 COLONIAL LAWS VALIDITY ACT, 1865. An Act^ to rnnore Doubts as to the Vdliditti of Colonial fjiir.s. [29th Jr\K, IStjo. Whereah doubts have been entertained respectinj,' tlie validity of divers lawa^ enacted, or purportinj^ to be enacted by the Lef,'islatures of certain of Her Majesty's Colonies, and respecting,' the powers of sucli Le^jislaitires ; and it is expedient tiiat sucli doubts should be removed : Be it hereby enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. The term " colony "3 shall in this Act include all of cottuitious • Her Majesty's Possessions abroad, in which there shall .. colony • exist a le.^islature as hereinafter defined, except the Channel Islands, tlie Isle of Man, and such territories as may for tlie time bein« be vested in Her Majesty, under or by virtue of any Act of Parliament for the government of India , 'J'he terms "Legislature" and "Colonial Legislature" " LoRislatnre." shall severally signify the authority (other than the Imperial i'si'^iui"' •■' ^'^^' Parliament or Her Majesty in Council), competent to make laws for any colony ; The term "Representative Legislature" shall signify " KomeRenta- any Colonial Legislature wliich shall comprise a legislative tm-o •'•'''''"' body of which one-half are elected by inhabitants of the colony ; The term " Colonial Law" shall include laws made for " Colonial any colony, either by such Legislature as aforesaid or by ^'*'''-" Her Majesty in Council ; An Act of Parliament, or any provision thereof, shall, in Act of Pariia- construing this Act, be said to extend to any colony when it "'*'"^' '-'''^■' •242 COLONIAL LAWS VALIDITY ACT, 1865. when ti) extend 13 made applicable to such colony by the express wohIh or to Colon V ; , , .■„..,. necussary mtumliiient of any Act of Purliamont ; "Governor;" The term "Governor" shall mean the ofticor lawfully a(lniinisterin{« the (iovernnieiit of any colony ; teut"^'^'' ^'* The term •• LetterH Patent" shall mean letters patent under the j^reat seal of the United Kinj^doin of Hrfit Ilriinin and Irclinid. (.'olonial Liiw when voiil fov rt'pu;4naiii.'y. tS. Any colonial law, which is or shall be rcpu^'nant to the provisions of any Act of Parliament exteiulin^' to the colony to which such law nuiy relate, or repugnant to any order or regulation nuvde under authority of such Act of Parliament, or liaving in the colony the force or effect of such Act, shall be read subject to such Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and in- operative. ' Colonial Law J|, >so cijlonial law shall he, <>r biMh'cnu'd to have bet.'ii, when not voiil . , . , , , . ,, , tor repuK- ^'"i<^' o'" nioperi'.tivc' on the ground of repugnancy to tlie hiw niiucy. j,f ];i,(ilaiitl, unle.s tlie same shall be repugnant to the pro- visions of some such Act of Parliament, order, or regula tion, as aforesaid. Colonial Law not void for in consist I'licy with instruc- tions. '1. No colonial law, passed with the concurrence of or assented to by the Governor of any colony, or to be here- after so passed or assented to, shall be, or be deemed to have lieen, void or inoperative by reason only of any in- structions with reference to such law, or the subject thereof, wliich may have been given to such Governor, by or on behalf of Her Majesty, by any instrument other than the letters patent or instrument authorizing such Governor to concur in passing or to assent to laws for the peace, order, and good government of such colony, even tliough such in- structions may be referred to in such letters patent, or last- mentioned instrument Colonial Legis- 5 hvery colonial Legislature shall have, and be deemed latures inav ,, , . , ,-,.,, •,.-.•• -i- i- establish, &o., at all times to have had, full power withm its jurisdiction Courts of law. ^^ establish courts of judicature, and to abolish and re- constitute the same, and to alter the constitution thereof, and to make provision for the administration of justice therein^ ; and every representative Legislature shall, in re- COLONIAL LAWS VALIDITY ACT, l8t).j. 24a spect to tlio colony iiiulef its jurisdiction, have, and be Hoprcsentn- , ,,,,,.', , 1 <• ,1 1 , live Iii'tjislii ii"enR'a at nil times to havu tunl, full power to nmko laws tm-n may nMcr respeetinj,' the constitution, powers, and pi'occduri' of hu(;1i ' ""''"f'tion. Legislature ; ))ri)vided tliat siich laws sliull have heen passed in sueli nnnner ami form as may from time tn time be required. l>y any Act of I'arlianietit, letters patent, Onlei' in Couniul, or colonial law foi- tiie time bein^; in force iu the colony. ti. TIk.' certilic ite of llie clerii nr other pi'opir ot'l'ieer of a Cpvtilloil co- let!islati\e hody in any colony to the effect that the docu- HJ! ,n-iac'nce '" nicnt to which it is attaclu'd is a true copv of anv 'jolonial that tlie> aro 1 4. 1 .. 1 *i /. .• 1 " 1 " ,■ properly ps.-- law assented to 1)\ tiic dovernor ot such colony, or ot any soil. i)ill reserved for the sij,'nification of Her Maji'sty's plea aire by till' said (lovernor, shall he iirimn furic evidence that the document so certilied is a true copy of such law or hill, and, as the case may he. that such law has been duly and projierly passed and assented to, or that such bill has been duly and pi-operly passed and presented to the Governor ; and anv proclamation, purportimr to he i)ublished bv I'roi'lamaiioii ' . "^ ' 'to he evi'leiictf authority of the (iovernor, in any newspaper in the colony <>f assent and to which such law or bill shall relate, and sif,'nifyin^; Her ''''"■"''^^" '"■'-'• ]\rajesty's ilisallowance of any such colonial law, or Her Majesty's assent to any such reserved bill as aforesaid, shall he prim I facie evidence of such disallowance or assent. \ nd whereas doubts are entertained respectiin^ the validity of certain Acts enacted, or reputed to be enacted, by the Legislature of South Australia : Be it further enacted as follows : 7. All laws or reputed laws enacted or puri)orling to have been enacted by the said Legislature, or by poi-sons or bodies of persons for the time being actiuj^ as such Legis- ]j^.!.is'"t',in o'l'j lature, which have received the assent of Her Majestv in Snitli .Vus- . , • , , 1. , ' " trtilia t'^ lie Council, or which have received the assent of the Ciovcrnor valid. of the said Colony in the name and on behalf of Her Majesty, shall be and be deemed to have been valid aiul effectual from the date of such assent for all purposes what- ever ; proviiled that nothing herein contained shall be deemed to give effect to any law or reputed law wliich has been disallowed by Her Majesty, or has e.\ ired, or has been lawfully repealed, or to prevent the lawful disallowance or repeal of any law." ii.c.c. 16 244 <"(»I,()NlAr, LAWS \AMItirY ACT, )-);,■). NOTi:s TO tin: colonial laws VAI.IDII \ ACT. Isr,.-,. I Tliis A(!t iH 1!:^ iV- •-'.) Vict. cap. (1:1. Tim tuxt i« ri'in-Jnlcd from llic " Stutiiti"! nt Larnt'," vi.l. .wvii, lidiiilnii, l^V>tt. Tlic llnu'lisli •' HiuisiinC is silfiit us to tli« roa»iin.-< j,'iv\ii in tlic liritiwli riirliiuiu'iittor cinuaiiit,' it. In point, of iiuixirtHncp. an ft charter of coloiiiiil lihorties, it must be allowed n litiice aloufjsiilo of l.,()iil Mansfield's jnd^'nicnt in tlic (Jroniidn. i iisc!. Kei> i))i. T!l-N!talH)V»'. ■.! .AnioMiist llic '■ lii.ws ■' the v'lidity of wliicii was i|i|('stioiM'il. wove " divers Acts" l)aHs('(l liy t.lic lai ;isliitnn' of Sontli .\nstraliii "for tlic purpose of iiltf'riiii; tlip couslilulion (d' the Ijc^isliilivc Council mid llousi' of .Vssenildy," of tliiit colony (Koo si'otion 7 belowi.aud with ii viovv to set iit rest thi! doubts that had been niised tho Ih'itish Parliament passmi an Act i'2(l it 'JT Vict. cup. sii "to conllrm certain Acts of Colonial Le.usliitures," fhus maUintr it ^'eiiernl in Its operntion. The text of this statute is .ilviously a piclude to the " Colonlnl Laws Viilidity .Vc't." Ir i-^ as follows: - 1 " In this .\et of I'ai liiinient the term 'Ccdonial Le;,'isla,turo ' shall mean the authority (ollnn' than Her Majosty-in-CounciL eomiKiteiit to make laws for iiiiy of Her Majesty'; possessions abroad, except India, the chnnnel Islaucls. and the Ish* of Mail. The term ' (tovenior ' shall mean the ollieer hi wtully iidinlii- istorin;,' tli(^ Ciovernmeut of any colony. •i All laws heretofore passed or purporting' to have iieeii pasKod by any colonial Ije.;islature with llii: ob.ject of declaring,' or alieruiK tlio eonstiturion of such Lef,'islature, or of any branch thereof, or the modo of apiioinliuL; or eloctiiiK' the niembiu's of ;tlie same, shall have, and be d(^eiiuHl to ha\e liail, from the date at which the same sliall have recoiv(>d the assent of Her Majesty or ol the (io\enicir of the coh)iiy on behalf of Ilei' Majosty. the siime force iiiid elTect for all purposes whatever as if tho said Le.^islatiiro had |iossesse(l full )iow(>rs of eiiaetint; laws for the ohjecla aforesaid, ami ns if all formalities and conditions liy Act oi' I'ai-- liameiiu or otherwi.M' pre-crilied in re.^peci of the piissinii of siieli laws laid h.iii duly observe,!.'' ■A See Tarriny's " Cluipters on the L.iws relatiii;^ to tin" Colonies" (jip. 1-Ji for a le^al deriiiitii>ii of the term " eolon>." 1 See Note "S, p ii I, I'oran illustration f)f the iiuUilication of a Canadian Statute //;•() /f/yj^) (>n the ground of " repuKiuxiicy." The .Vets passed for the ret;iilalion "t copyri;;ht. in Canada atfm'd othi.'r illustrations of the operation of tho sana; [aiii- cii)le. The Im|)c.iial Co]iyri},'lit .\et of lfsl'2 (."i A.- (> \ict. rap. 45) is made applicable to "all the colonies, settlements, a.iid possessions of the C^rown, which now are, lu- lien'.i.lt.er neiy bo accpiireil." In l-^TJ the C.inudiaii Parliament passed a Copy- riLjIil Kill, to w'liich, after it had been resiirvi^d for Her .Majesty's i)leasure, her assent was ri'fuseil on the fjround that some of its i)rovisions eonllicted wltli these of the Imperial Ci»pyrii,'ht .\ei. S("e l)om. Sess. Pajiers, IS"."). N'o.-J,s. The Caiiadiaii Parliament ill 1S7.") passed a. Copyri;;ht .Vet which would also have been iiulliiie I oil (he !,'n)iind of '' repugnancy,'' ha.d il been assented to in the usiialway; hut the Imiieria.l Parliament in the same year passe-d an .\et (;{,s&;i'.l Vict. cap. rilii autlna- i/'.iii^' Her Majesty to f^ive assent by Oriler-in-Coiineil, which was siibsoijiioiitly done. Ill the case of Smiles v. Lelford. ((.)nt. Chancery ii.-^ports, vol. 'j:i. pji. .VKI-i'iO.'); Out. Appeal llef>orts, lS7('i-77. pp. l:)!'.- 1 IT)), it was decided that the Canadian Act of 1875 did nor iiiipa,ir the Uritish author's rij^lit under the luiperia, .\ct of ISIJ. .', Conip.ire the action of the first Parliament of L'ppm- Canada in repealiiij; part of the (Quebec .\ct of 1774, and passiiiLj an .Vet whieli made the '" Laws of Ln^;- land " instead of the " Laws of Canada," "the rule of decision in all matter'; of controversy relative to property and civil ri^;hts." * See Nol(^ -J above. Canada hart in IS.")! been exjiressly authorized to alter tlic constitution of her Letiislative (^ouiudl and had ilone so. (See jip. 177-i7'.> above.i CT. isr.r, I' " Stivtuto^ nt I'llt us to tlU! i til portii lice, a* Ksido of 1,(11(1 I " (livers Ar-ts" ) nlteriiin 'lie 111' that eoloiiv lail liccii I'iiixil iinrniii cri-tnin tldll. 'I'lic t(\l vAut." I; i^ .Is slinll moan tin- ki' liiws for iiiiy I'i Islands, mid iwl'ully ii.liniii- liy liny ooldiiial turion of iKUc'h or cliictiiij^ the oiu tlu- date lit )1 tlio CiovcriKir for all imriKiseH ciuintiiiu liiws ^ by Act oi I'ar- laws had Iccii ' (lip. l-J.) lor ii iiadhiii Stiiliitp (■ rctjiilation "t tho saini; [niii- lo applicalilt' lull now aro, assod a Copy- [iluasure, licr I with these 'he Canadian con iiullilicl way; hut tlic ."j,'!) autlior- hubsoi]iiriitl:> :!, pp. .WO-Cid.'. ; adiaii .\ct of of isl^. 'poalinj; luiit ia,ws of \-.W- ill niatter/' ( iiiuiild, iin iitiil ni'ti-r Ihr jir^t ihiij oj .Inly, 1807. Vii roKiA. ])y tlio Ciriicc of M(ie])endeneics,' and in and over tii( Proviiiee of New llrunswic^li, and also (loNernir Oeneral of all ()ur Provinces in North America and of the Island of I'rince lalward,^ as by till' said several recited Letters I'atent. relation luiii^^ tiiereunto had. may more fidly tiiul at largo a[)[)ear : And whereas by tin Act of Parliament passed in tin- Thirtieth year 'if 'iiir Heign, intituletl, •'The I-5ritish North Aiucriea .\c;t, iStlT." it is. aniiingst other things, enacted that it shall be lawful for Vh. liy and with iluivdviet! of Our I'rivy (louucii, to declare, by Proclamation, that, on and after a day therein appointed, not bei.ig more than Six !\lontlis after tlic passing of the said Act, the Pro\ inci s of (Canada, Ns of the Peai )t)icr necesBarv Ol'ticers and Ministers of Our said Dominion of Canada, for tli' better administratii )f Justice, and puttiuiJ the laiws into execution. I\'. And We do hereby give and ^'rant unto you, so far as We lawfr.lly may. full power and authority, ujion sutlicient cause to you ajipearin^'. to remove from his Ol'l'ice, or to suspend from the exercise of the same, any AND ROYAL INSTRUCTIONS. 217 Olio tlioiisiiiid nf ( )ur I'rivy st (lay of .July. 11 six iiiontii-i , Nova Sr:;t.,lil, lukr tlie u.Uiic n\Y pleasure to ^i\ iirtirlr and lt'cl;u'( (1 I'l 1)1' niic lliousiiiHi list iiiul Conli- .' siilcl ( "liar'i H Uio'.vlt ilijc :i.!i(l ii(l n -^ran^cHl to Out liientenant (loveriior for tlie time beint< of Our said Dominion of Canada, or in the al)sence of any sueh J;ieutemint (iovernor to snt-li person us we may Vjy Warrant under Our ■■"i,i;n Manual and Sif,'nel, a[)j)oint to be the Administrator of the (Jdvernment of Our said I)nui- inion. or in tiie absence of any such liientenant Oovei'uor or person as aforesaid, to tiie senior Military Oflicer for tiie time beiuL' in comnuuid of Our rej^ular forces in our said Dominion, such jiowers and aidliorities to be by him executed and enjoyed (hu'lni; Oui- pleasure. X. And We do lienby reipiire and comnuind all Oui' Oflicei-s and Ministers, civil and military, am. all other the inhabitants of Our said 1 >onunion of Canada, to be ol)eilii'nt, aiiline, and assisting,' unto yon iu the execution of tiiis ()ni' Cninmision, and of the powei's and .authorities herein contained. I'rdi't i[i Imlnii liitns hi //<■ ixissnl under f/if Uni/al "^iiiii Miiniinl uml. Sit/)hl to r/.s(M»»/ Mnnc/,', (i()rrrn<>r-( ii'Kiidl III' ( '(iiutila. iNsrun rioNH to Our Ki'^iit Trusts and Well beloved Cousin, (!liarles Stanley, \'iscount iUmcU, OurLiovernor-deni'ral of Canada, or, in his absence, to Om- Lieutenant* Jovi'rnnr or the Oi'iiier .\ilniii.isli-riny the (lovernment of Our Diiininion of (aiuula, fm' the time beinj;. Ciiven at Our Court at lialmoral, this I'irst da>- of dune. \xf'i~. in the 'J'hirtieth Vi'ar nf Our Ifeiiin. 1. Wdu-reas, h\ (>nr ( '(imniission, nnde;- the (IrcMt Sealof Oiu' Cnitcil Kingdom of (ileal llritain and Ireliind. hearing' iven dati' lurewith. We iia\i.' constituted aiiil appointed yon, the said < 'jitirles Stanley, N'iscHiiuit iMoMck, to lie, (ui and after the lirst day of .Inly, ISbT, (lurin s;iid First day (if July, 181(7, you (h) piihlish Our sii.l ('oniiiiissinii in Our Dominion of Canada, iunl d.itakf t\\v Oath!' ;ipponitiHl l.i lie tak.u by an .\(.'t passed in tiic ! wenly-lirst and 'rweuiv-socond Year of Our KvU-u, intituled. •■An \ -l tosiibstituto out" Oath for (ho Oat!is of .vllci^iancc, Su|>n'inacy, and M.juration. and for the relief of l[,.r .Majesty's suhjects professing the •lewish reiii^ion ": and lilcewisc that you take the usual Oiith for the duo .•xecntion an neral of Our said Dominion, and for tho due and impartial Adminis- tration of . Justice; which said Oatlis the .liidecs of Our Supreme ( 'on its of d within our said 1 )o!iiinii)n, i. any Laws or Slaim, s m that heliall' made and i)rovided. III. And tothoeinl that Our I'riw Council''' for Canada may he assist- iiii,' t sof the said Ceiin- ci! be present aiul as>istini; at I he meetim;s at which any such husines.s shall iv desp.atehed. And W,- ,lo turtlnu- .lirect, that if, in any case you See snUlcieiil cause t.) dissent fnuii the opinion of the major |iart or of the whole of Our said I'livy Council so present, it shall he competent to \o:i to cxeiMite the powers and aulh irities visted in you by Our -.aid Coimnissiou. an 1 hy th-se Our I n-l rintion-. in opposition t,, such their opinion": it hein.L;. nevertheless, Our I'leasuiv, that in every cas.. it shall he .■ompetent to an> Member ..t Our said I'rivy Council to r.-.'ord at leiii^th. on the Minutes oi' Our said C.uiucil, the ^^rounds and ivasons of Hn\ advice or opinion Ic ma\- !.five upon an> (piestion brought nn ler the Odiisideralion of such Council. 250 aOVEIiNOK-GKNERAI, K COMMISSION V. And it is Our Pleasure and you arc horul)y aiitliorizod to aii[)oiiu by an instnuncnt under the Great Seal of Canada, one Mi'niber of our said Privy Council to preside in your absence, and to remove liiin and appoint another in his stead. And if, durin^^ your absence, the Menihrr HO appointed shall also be absent, then the senioi* Menil)er of the Priv\ Council, actually present shall ))reside. the seniority of the ^Members nf the said Council beinj* regulated aocordin;^ to the date or order of liu-jt- respective appointment thereto. VI. And We do further direct and command that a fidl and exact Journal or Minute be kept of all the Deliberations, Acts, Proceedinfi>i, Vote.'S, and Resolutions of Our sai(i Privy Council; and that at eucii Meetin}^ of the said Coimcil the Minutes of the last precedin;^ Mcolni^ shall be read over, confirmed, or amended, as the case may re(juiri before proceedinf^ to the desi)atch of any otliei" business. V'll. And for the execution of so much of tlu' Powers vested ni you by virtue of the '• British North .\inerica Act, 18(17," as relates to the dcclarinj^ either that you Assent in Our Name to Jiills passed by the Houses of the Parliament, or that you withhold Our Assent therefrom, or tliat you Peserve such Bills for the sij^^nitication of Our [jleasure tlu>reon, it ia Our Will and Pleasure that when any Bill is pi'esented to you for Our Assent of either of theclasses iiereinafter specified, you sluiil (unless you shall think projxu' to withhold Our Assent from tiie same) luseive the same for the sij^nification of Our pleasure thereon ; Subject, neverthe- less, to your discretion, in I'.ase you sliould be of opinion that an Crt^ent Necessity exists, recpiirinj.; that sutdi Bill he brni'f^'ht into immediate operation ; in which case you are Authori/.'d to Assent to suiii Hill in Our Name, transnuttins^ to Us by the earliest opportunity the iiill so Assented to, together with your reasons fur assentni^ thereto; that is U> say : 1. Any Bill for the l)ivorc(i of Pcrso;,-, joined to^^etlier in Holy Matri- monv. '2. Any Bill whereby any (irant of Ijan. .\ny Bill intrrferiiiti with the disciplii.e or cuitioj of ()ur i''oices in Our Buid Dominion hv land and sea. AND ROYAL INSTRUCTIONS. •i.U 'I to ajipoiiu ■niher of our ove liiiii and tile Menibcr of tliL' Privy MonibcTs of • rdcr of tiu-ir 11 ami exact Proceeding's. Imt at eacli in;,' Meeting' 'iluirL- before ed 111 yon i)y lates to the -ssed by the lierefroin, or lire thereon, mI to you for chilli (unless niel IJeserve I't. ueverthe- t an (Jrt^ent ' inuiiediate siii'h l>ili ill the Jiill HO ); that IS to iluly Matri- r I'oiiution hp made a I or Silver intent witli r Forees in 7. Any Bill of an extraordinary nature and importanee, whereby Our Prerogative, or the rights and property of Our suI)jeetH not re>idlnj,' in Our said Dominion, or the trade and shippin<^ of the United Kin<,'ishoj). or his Commissary duly authorized by him. X[[. And wherivis you will receiv.- thiongli one of Our principal Secretaries of State a Hook of Tables in blank (commonl\' c.illfd tlu- •■ Blue J'look '' ^ to be a:inuall>' lilliil up with certain Ketu)-i,s relative to the lievenue and l^xpenditur(\ ^lilitm, I'ublic Works, Legislalioii. Civil J'lstablisliment, Pensions, Populations, Scln'ols, Course of I'.xchange. Imports and liXports, Agricultural Fro lucf. ^lanufactnres. and, other matters in the said '■ I'lue i'nok " mor'' particularly speciiied, with reference to the state and condition of Our s.iid Dominion nf Canada; Now We do hereby signif\' Oui' pleasur.^ that all such Keturns he jiccurately jirrpared and |)U!ictU!\ns traiisni'tte.l to [^s through one uf Ou!' ])rincipal Si'cri^aries of State. .Kill. And whereas grctit prejuiliee m ly ha pjn/n to ( )ui' si-'-vice and to the security of Our said Onmininu by the abseiRc of the (iovernor Ceneral, you shall not. upon any prelenci' whatever. i{uit the said Douunion without having first obtained leave from Us for so doing, under Our Sign-Manual and Signet, nr throuub t.ni' I'f Oui' jirincipul Secretariesj of Slate. AM) KOVAI, IN.Vl'UrcTIDNS. •J") 8 2. Letters- Patent' and Instructions, 1878. I>rai't(>/ L,'ttrrs-I',itnit /iriHSIOM imtl)()ri/,f iiiiil CDiiuiiand Our said (;ovefi,or-(u'nei':il to do iiiid cxeeiite. in due iniiniier, all thing's that shall bcdun^ to liis said CDininaiid, and tn tiie tnist Wo liave reposed in him, according,' t') the several powers ami autliorities j^rauti-d or appointeil him by virtue of " Tiie llritish North America Act, isd?," and of tlu-'se pi'esimt lietters-l^iteiit, and of such Com- mission^ ' as may bo issued to him under ()\iv Si.L;n- Manual and Si.L,'net. and acc/ordinjj to such Instructions as may from time to tinu; bo ^iven to liini, under Our Si}^n-Manual and Sij,'net, or by Our Order in Our Privy (■ouncil, or by us through oue of Our I'rincipal Secretaries of State, and to such I>a\vs MS are or slnill hereafter be in frnor-General. such of the ])owers, aiithoi'ities, and functions of Our said (iovernor- General as he may deem it necessary or expedient to assign to such Deputy or Deputies, subject to any limitations or directions from time to time expressed or given by Us : Now We do hereby authorize and em l)ower Our said (Jovornor-General, subjeiit to such limitations and direc- tions as aforesaid, to appoint any person or persons, jointly or severally. to be his Deputy or Deputies within any part or i)urts cf Our said Do- I AND ItOYAL INSTRUCTIONS. <■) f\ n million of Canada, and in that oapacity to exorcise, diiritiir Ids idcasurc, such of Ins po'.vers, functions, and antlioritios as lie may dpoin it iieccs. sary or e\|) ■dient to as-du'ii to him or them : Provided alwax's, that tlie ai)pointm(nt of sncli a Deputy or Deputies shall not affect tlu,' e.Nercisu of any such power, authority or function hy (Jur said (iovernoi' Ceiieial ill |)erson. VIT. And \Ve do lierehy declare Our ))leasure to Ix; that, iu tlu' event of the death, incapacity, removal, or absence of Our said Clovernor- General out of Our said Dominion, all and every the powers and a,uthorities herein <,'ranteil to him sliall. until Our further jileasuro is sij^nified thei-ein, he vested in such prison as may le appointed l)y Ts under Our Hi'4n-Manual and Si^'iiet to bo Our Lieufenant-dovornor of Our said Dominimi : or if there sliall be no su(di rdeuteiiant-Chivernor in Our said Dominion, then in such person or ji ^rsons as may i)e appointed by i:s muUr Our Si,i,'n-.Manual and Si^'net to administer tlu; Oovcrnment of the same; and in case there shall he no person or iiersons within Our said Dominion so appointed by Us, then in the Senior Otiicer for the time heiiiL! ill command of Our re<,'ular troops in Our said Dominion: Tro- vided that no such jjowers or authorities shall vest in sucli Ideuteiiant- (lovernor, or such other person or persons, until he or they shall have taken the oaths appointed to be taken by the Governor-General of Our said Dominion, and in the manner provided hy the Instructions acconi- panyiiiL; these Our Letters-Patent. Viri. .Xnd \\'e do hereby require? and command all Our Ofiicers and Ministers, Civil and Military, and all other the inhabitants of Our said Dominion, to be obedient, aidiii-,' and assisting,' unto Our said Governor- General, or, in the event of Ids death, incapacity, or tihsenco, to such jiersoii or persons as may, from time to time, uiKler the provisir)iis of these Our Letters-Patent, administer the Government of Our said Do- minion, IX. And We do hereby reserve to Ourselves, Our heirs and successors, full power and autliority from time to time to revoke, alter or amend these Our Letters-Patent as to Us or them shall see n meet. X. And We do further direct and enjoin that these Our I. otters- 1 ateiit shall be read and proclaimed at such j.laco or places us Uur said Gov- ernor-General shall think ht within Our said Dominion of Canada. In Witness whereof We have caused these Our Letters to he made f'atent. Witness Ourself at Westminster, tlu- I'itth day of October, in the Forty-second Year of (Jur Hei^n. By Warrant under the (^)ueei;'s Hi^n-Mamial. C. KOMILLY. 250 (lOVKKNOIliilONKHAI. S COMMISSION l>r(if't (if liistnirtinH.s piissi'il iimltr t/ir lli'iinl Sii/ii-Mttniiitl aihi Sii/iirt to fill' (inn'niiir-( iriimiL nf tlir I idiniiiinii nf i\inndii. Ihlti'il 'ttJi ()rtnliri\ /.S/'.s. [nstnictioiis to Our f InviTiiDr-Cn'iuTal in and ovrr Our Doiiiininn of Ciiiiada, or, in his Mhscnf^i'. to Our Lieutcnant-CJovi'i'nor or the O'ticcr For tlu' time lining Mtlininislcrin^ tlic- ( lovcrnnu'iit of Our said I)f). niinum. Given a< Our (nurt ;i.t IJalnionil, liii< I'iftli d.iv of October, l^T-S, in lu! I''orty-s(Hr(ind war of Our Kci'^ri. VViii'.itKAS by certain Lelters-I'atiiit liearini,' even date berrwitli. Wv have constituted, ordered, and doclare^hall lieloni,' to his said coininaiid, and to the trii-t We liav( reposed in hie.i. aei-ordini; to the si!veral poweris and anfhorities i;raiiled or appointed liiin by . irtiie of the said Ijettors-l'atenti and of siicli Coniniission iis may be issued to him under Our Sii,'ii-?[annal and SiL,'net, and accordiii;,' to such Instnutioii>< its may from time to time be ,i,'i\i ii t" liini, iindei' ()ni' Si'^n-Manual and Si'_!net, or by Our ( )rder in i)ur I'nvy Council, or by I's ihroiieli On,, of Our L'riiu'.ipal Secretaries of State, and to such Laws iis are or sliall lieri^afler lii> in force in Our said Doiniuicin : Now, llierefoi'e. We do. bv these. ()ur I n;-.ti'ucti()ns under Our Si^n- Manual and Si;;iiet, declare ()ur pleasure to be that (Jur said (roveriior- (lenoral fiu- the time beiii-; siimU, with all due sii|einnit>', cause Our Commission, imder Our Siiii-Manual and Signet, appointing; Our saiil ( iovernord ieiieral \'oy the tinu' b.'iii',', to be read and ))ublished in the presence of tlu' Chief .lustici' for the time beint;. or other diid^'eof the Siipri'iiu? Court of Our said Dominion, and of the members of the Privy 0)unc;il in Onr said Dominion : .Vnd We do further declare Our pleasure to be tliat Our said Crovernor- (Teueral, and every other ollieer a[)poiiited to administer the (lovernment of Our Hiiid Oominion, shall take the Oath'" of Alle^dance in the form provided by an Aet j)assed in the Session holden in the thirty-first and tliirty-second years of Our Ueiiiii, intituled : "An Act to Amend the Law relating,' to Promissory Oaths;"' and likewise that lie or they shall take the usual Oath for the due execution of the (.)i'tice of Onr Governor-General in and over Our said Dominion, and for the due and impartial administration ANI> ROVVI. INSTRt'CTIONS. '257 IMlctlOllS ill .111(1 Ollr f liis heiiiL,' otlii>rwiR(> incapacitated, any .ludLie of the Supreme Court of ()iir said |)i)miiiion siiall, and lie is hen hy reipiired to tnider and adiiiinister miio liim or them. H. .\nd We do aiilhoii/e and roipiire Our saiil Crovoriior-rienerMl from time to time, by iiimself or by any other )>ersoii to lio authorized by him ill that Ix'lialf, to administer to all and to every per.sons or person as he shall think tit, wiio siiali iiold any ottice or place of trust or profit in ( lur said Dominion, tin' ^aid ()ath of .Mlej^iaiice, together with siieh oilier Oath or Oaths as mas from time to time, be pre^cribtd by any Laws or Statutes in that belialf made and providi'd. 111. .Villi We do ri^piire Our said (loveriior (leneral to eominuni(;ate forthwith to the Privy Couneil for Our said Dominion these Onr Instruc- tions, and likewise all siicli others from time to time as he shall fmd con vonient for Our service to be imparled to tluMii. r\'. Onr said (.lo\eriior-(;eiural is to takicare that all laws assented to by him in Our name, or resi/rved for the si^uilication of Our pleasuri' thereon, shall, when transmitted by him, be fairly abstracted ui the margin.^, and be accompaiii(ul. in suih casis as may seem to him neces- sary, with such i\planatory observations as mav be reipiired to exhibit the reasons and occasions tor proposing; such Laws; and he shall also transmit fair copiis of the .lournals and Minutes of the proceediir^s of the Parliament of ()ur said DominiiJii. which he is to roipiiie from the iderks. or other propi'i iillicers in that bdiaif, of the said Parliament. V. .And We do further authori/.c and empower ()ur said (loverii'ir General, as lie tihall see occasion, in Our naiiit! ami on <)ur behalf, when any crime has licen committed for which the oifeiider may be tried within Onr saitl Dominion, to ^rant a pardon to any accomplice not beiiij^ the actual perpetrator of such crime, who shall i^ive such information as shall lead to the conviijlion of the principal ot'lender; and further, toi,'raut to any offender convicted of any crime in any Court, or before any •)ud,-;e .Instice, or Mai^istrato. within Our said Dominion, a [lardon, either friHi or subject to lawful conditions, or any respite of the execution of the Kenleiice of any such offender, for such period as to Onr said OoveriK'r- rjeneral may seem lit, and to remit any tines, penalties, or forfeitures which may become due and payable to I's. Provided always, that Our Haid Governor-General shall not in any case, except where the offence has been of a political nature, make it a condition of any partion or re- mission of sentence that the offender shall be banished from or ahall absent himself from Our said Domiiiioii. .Xnd We do hereby direct and IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1^ IM m *i^ IIIIIM IM 2.2 M 1.8 1.25 1.4 III 1.6 M 6" ► V] <^ /2 ^ ^ ^\ ^l °% \> /> y -«^ Photographic Sciences Corporation 23 WEST MAIN STREIT WEBSTER, N.Y. MS80 (716) 872-4503 Ma 258 GOVERNOR-GENERAL S COMMISSION i enjoin that Oar said Governor-General shall not pardon or reprieve any such offender without first receiving in capital cases the advice of the Privy Council for Our said Dominion, and in oiher cases the advice of one, at least, of his Ministers ; and in any case in which such pardon or reprieve might directly affect the interests of Our Empire, or of any country or place beyond the jurisdiction of the Government of Our said Dominion, Our said Governor-General shall, before deciding as to either pardon or reprieve, take those interests specially, into his Qwn personal consiaeratidli' In conjunction with such advice as aforesaid. ^^ «. ,.,.■'.- VI. And whereas great prejudice may happen to Our service and to the security of Our said Dominion by the absence of Our said Governor- General, he shall not, upon any pretence whatever, quit Our said Do- minion without having first obtained leave from Us for so doing under Our Sign-Manual and Signet, or through one of Our Principal Secretaries of State. V.R. 3. Commission^'' of the Marquis of Lome, 1878. Draft of a Commission parsed under the Boyal Sign-Manual and Signet, appointing the Right Honourable the Marquis of Lome, K.T., G.C.M.O., to be Governor- General of the Dominion of Canada. Dated 7th October, 1878. VICTORIA R. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India, To Our Bight, Trusty, and Well-beloved Councillor Sir John Douglas Sutherland Campbell (commonly called the Marquis of Lome), Knight of Our Most Ancient and Most Noble Order of the Thistle, Knight Grand Cross of Our Most Distinguished Order of St. Michael and St. George, Greeting : Wb do, by this Our Commission ucder Our Sign-Manual and Signet, appoint you, the said Sir John Douolab Sutherland Campbell (uommonly mmt AND ROYAL INSTRUCTION. 269 called the Marquis of Lome), until Our further pleasure shall be signified, to be Our Governor-General in and over Our Dominion of Canada durinp Our will and pleasure, with all and singular the powers and authorities granted to the Governor-General of Our said Dominion in Our Letters- Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, constituting the Office of Governor, bearing date at West- minster the Fifth day of October, 1878, in the Forty -second year of Our Beign, which said powers and authorities We do hereby authorize yon to exercise and perform, according to such Orders and Instructions as Our said Governor-General for the time being hath already or may hereafter receive from Us. And for so doing this shall be your Warrant. II. And We do hereby command all and singular Our officers, Ministers, and loving subjects in Our said Dominion, and al'. others whom it may concern, to take due notice hereof, and to give their ready obedience accordingly. Given at Our Court at Balmoral, this Seventh day of October, 1878, in the Forty-second year of Our Beign. By Her Majesty's Command, M. E. HICKS-BEACH. H.0.0. 17 mm I'M i mm i Governor Murray, of Quebec, in 1763 (pp. 74-77 above). liord Monck's " Commis- sion " and "Instructions," 1867, are reprinted from the Doin. Sess. Papers of 1HG7, No. 22. •i The " Commission " and "Instructions ' issued to liord Monck in 1861 do not differ materially from those issued to Sir -lohn Young (ai i- -'ards Lord Lisgari in 1866, and to Lord Dufferin in 1872. * The most important was Cape Breton. 4 Lord Monck did not actually administer thelGovernment in Nova Scotia, New BruDSwick, and Prince Edward Island, each of which had its own Lieutenant- Governor, while the '' Province of Canada " under the Union .\ct of 1840 had none. liOrd Durham had come to Canada in 1838, after having been appointed " by five several Commissions" Governor of each of the Provinces of power Canada, Uppor Canada. Nova Scotia, New Brunswick, and Prince Rdward Island ; by an additional Commission he had been created " Governor-General of all the Provinces on the Continent of North America and of the Islands of Prince Edward and Newfound- land," each of the Provinces except Lower Canada, which was administered by Lord Durham himself, having its own Lieutenant-Governor. For the text ol his Commission as Governor-General see Chi-istie's " History of Lower Canada," vol. y., pp. 149-152. Sir George Arthur, then Lieutenant-Governor of Upper Canada, was the last who held that office. The successors of Lord Durham, prior to Lord Monck's appointment, were (1) Charles Edward Poulett Thompson (afterwardH Lord Sydenham), whose Commission appointed him in 1839 " Governor-General of British North America, and Captain-General and Governor-in-Chief in and over the Provinces of Lower Canada and Upper Canada. Nnva Scotia, New Brunswick. and the Island of Prince Edward " ; (2) Sir Charles Bagot, 1842 ; (.H) Sir Charles (afterward Lord) Metcalfe, 1H43; <4iLord Elgin, 1846; Hnil i5)Bir Edmund Walker Head, 1854. See Note 5, p. 231 above. *! See pp. 248-252 above. 7 This and the live following sections of the Commission must be read in the light of the discussions of a quarter of a century before on the subject of " Respon- sible Government." See Appendix E. A good account of the crisis precipitated by Lord Metcalfe's action in 1843 in appointing an officer connected with the administration of justice without consulting his Executive Council, the Lafon- taine-Baldwin Ministry, will be found in Dent's " Canada since the Union of 1841, " vol. I., pp. 320-351. See also Sir Francis Hincks' " Reminiscences." Eli mm^^ AND ROYAL INSTRUCTIONS. 261 f* The last exercise of this prerogativH by a Canadian Governor, without tha advice of bis responsible Ministers, was by Lord Dufferin in the case of Ambrose Lepine, in 1875. The death sentence pronounced upon him for complicity in Lhe murder of Thomas Scott during the Bed River rebellion of 1869-70 was commuted to two years' imprisonment with permanent deprivation of political rights, and Lord Dufferin, in an official communication to the then Minister of Justice, stated that be acted " under the Royal Instructions, which authorize the Governor- General in certain capital cases, to diHpense with the advice of his Ministers, and to exercise the prerogative of the Crown according to his independent judgment and on his own personal responsibility." As to the " Instrnctions " here cited, see p. 251 above. Lord Duiferin's officirJ letter to the Minister of Justice will be found in the " Canada Gazette Bxtra " of Juno Id. 187.'>, and in Dom. Sess. Papers for 1875. No. 11. An accurate summary of the wliolo case, together with a dismis- sion of the administration of the prero^'ative of mercy in other self-governing colonies is given in Todd's " Parliamentary Government in the British Colonies," pp. 251-274. Compare Section V. of the"Koyal In.struttions ' of 1«78 (pp. 257-258 above). The Lepine commutation case was discussed witli approlmtion in the House of Lords (Hansard, Third Series, vol. 22:^, pp. 1005-1077). y Compare the " Royal Instructions ' <>f lH7Hip. 256 above). 10 This term was uitroduced into Canada by the Confederation .^ct, 1N0T (section 11). 11 See Note 7 above. Compare on this point the " Koyal Instructions " of ltj7H (pp. 256-258, above). See also Todd's " Parliamentary Government in the Hritish Colonies" (pp. :«l-34a); Dom. Sess. Papers for 1876, No. 116; ibid for 1877, No. 89 ; and ilnd for 1879, No. 181. As to the effect of refusal of advice by a Governor, note the precedent set by the Lafontaine-Maldwin Ministry in 184:«. 12 See Note 8 above. i:< Prior to the issue of these " Lotters-l'atont" there was no permanently con- stituted oiflce of " Governor-General " of Canada, each successive Governor having been apponited by a special " Commission " which defined his functions, and informed by siiecial "Instructions" as to the manner in which he should discharge them. .As to the course of events which led to the issue of these " Letters-l'ateiit " making the office a lermanent one, and to the issue of per- manent " Uoyal Instructions" to accompany them, see Todd's ''Parliamentary Government in the Kritish Colonies " ipp. 77-90); Dom. Sess. Pai>ers, 1877, No. 13; iftjd, 1879, No. 181 ; and Hansard, Third Series, vol. 244, p. 1:I12. The documents are reprinted from the Dom. Seas. Papers <>' 1879, No. 14. •« See "' Commission " to Lord Lome (pp. 2.5S-2.59 above). I'"* See Note 7 above, i« For a useful discussion of the relation of i (iovernor to bin responsible Minis- ters in re!»ard to the matters liere enumerated, si-o Todd's "Parliamentary (iovernment in the Hritish Colonies," p|). I6(K>7.>. 17 Compare the " Uoyal Instructions," p. 249 above. 1" See Note 8 above. The whole subject of the exercise of the prerogative of mercy is discussed Colonies, " pp. 2.')l-274. and ibid, 1879, No. 181. ■u With the office of Governor-General penniiiientlv constituted under the " Letters-Patent" of 1878 nothing beyond a brief (Commission referring to the " Letters- Patent " is necessary to the appointment of a new incumbent. The ■uccesBors bo far of Lord Lome, have been d) Lord Lausdowne, whose Com- in Todd's " Parliamentary (iovernment in the British See also Dom. Sess. Papers. lH7t). No. 117; ihid, 1877, No. 13; i! 'fill iiiill i '■£ i 262 oovbrnor-gbnisral's commissiok and instructions. mission is dated August 18th, 1883, aad (2) Lord Stanley of Preston, the date of whose Commission is May Ist, 1888. ao Some changes have been made in the form of the Commission since 1878, and to show their nature the Commission to Lord Stanley of Preston is here given from the official printed eopy: " We do by this Our Oommission under our Sign Manual and Signet appoint you, the said Frederick Arthur, Baron Stanley of Preston, to be during our pleasure our Governor-General in and over our Dominion of Canada, with all the powers, rights, privileges, and advantages to the said office belong- ing or appertaining. II. And we do hereby authorize, empower, and command you to exercise and perform all and singular the powers and directions contained in our Letters-Patent under the Great Seal of our United Kingdom of Great Britain and Ireland, bearing date at Westminster, the fifth day of October, 1878, constituting the said office of Governor-General, or in any other Letters- Patent adding to, amending, or substituted for the same, according to such orders and instructions as our Governor-General for the time being hath already received from us, or as you shall hereafter receive from us. III. And, further, we do hereby appoint that so soon as you shall have taken the prescribed oaths, and have entered upon the duties of your office, this our present Commission shall supersede our Commission under our Sign Manual and Signet bearing date the eighteenth day of August, 1883, in the forty-seventh year of our reign, appointing our right trusty and entirely beloved cousin, Henry Charles Keith, Marquis of Lansdowne, now Knight Grand Gross of our most distinguished Order of Saint Michael and St. George, to be our Governor-General of our Dominion of C" lada. IV. And we do hereby command all and singular on: fficers. Ministers, and loving subjects in our said Dominion, and all others whom it may con- cern, to take due notice hereof, and to give their ready obedience accordingly. Given at our Court at Windsor, this first day of May, 1868, in the fifty-first year of our reign. By Her Majesty's command. Knutsfobd." Hi m [ONS. the date of ice 1878, and here given [net appoint ) during our anada, with fice belong- to exercise lined in onr reat Britain Btober, 1878, ler Letters- ding to such being bath a us. shall have your office, 1 under our gust, 1883, in lud entirely now Knight ael and St. I, Ministers, it may con- iccordingly, le flfty-flrst JT8F0RD." APPENDIXES. i'lip' i , 1 ■ ili APPENDIX A. EXTRACTS FROM TREATIES' RELATING TO CANADA, PRIOR TO AND INCLUDING THE YEAR 1783. ■Hi 1. The Treaty of Ryswick, 1697. VII. The Most ChriHtian King'*) shall restore to the said King''* of Great Britain all countries, islands, forts, and colonies, wheresoever situated, wlncli the English did possess before the declaration of this present war. And in like manner the King of Great Britain shall restore to the Most Christian King all countries, islands, forts, and colonies, wheresoever situated, which the French did {xtssess before the said declaration of war ; and this restitution shall be made on both sides within the space of six months, or sooner if it can be done VIII. ConmiisMioners shall be apiiointed 4)n both sides to examine and determine the riglits and pretensions which either of the said king^ hath to the places situated in Hudson's Bay* ; but the possession of those places which were taken by the Frencli, during the peace that preceded this present war, and were retaken by the English during this war, shall be left to the French, by virtue of the foregoing article 2. The Treaty of Utrecht*, 1713. 3. The Treaty of Aix-la-Chapelle, 1748. V. All the conquests that have been made since the commencement of the war, or which, since the conclusion of the preliminary articles, signed on the 30th of April last, may have been or shall be made, either in Europe, or the East or West Indies, or in any other part of the world whatsoever, being to be restored without exception, in conformity to what was stipulated by the said preliminary articles and by the declaration since signed ; the high oon< I The text of these extracts is taken from Ghalmer's " Collection of Treaties between Great Britain and other Powers," liondon, 1790. ■i Lewis XIV. » William III. 4 See Note 4 to the Treaty of Utrecht (p. 6). -o For extracts from this Treaty relating to Canada see pp. 3^ above. ll.l!Jiiy:SrCi 1 !!i: ■.."'M ' :■ :'f'' 1^ m 266 APPENDIX A. ly 1 1 1 1 w l\ tracting partiosi engage to give orders immediately for proceeding to that reatitution IX. , . Whereas it is not possible, considering the distance of the countries, that what relates to America should be effected within the same time,2 or even to fix the time of its entire execution, His Britannic Majesty likewise engages on his part to send to His Most Christian Majesty, imme- diately after the exchange of the ratifications of the present treaty, two persons of rank and consideration, who shall remain there as hostages, till there shall be received a certain and authentic account of the restitution of Isle Royal, called Caix) Breton, and of all the conquests which the arms or subjects of His Britannic Majesty may have made, before or after the signing of the preliminaries, in the East or West Indies Provided, nevertheless, that Isle Royal, called Cape Breton, shall be restored, with all the artillery and warlike stores which shall have been found therein on the day of its surrender, conformably to the inventories which have been made thereof, and in the condition that the said place was in on the said day of its surrender. 4. The Treaty of Paris', 1763. 5. The Treaty of Versailles*, 1783. IV. His Majesty, the King of Great Britain, is maintained in his right to the Island of Newfoundland, and to the adjacent islands, as the whole were assured to him by the thirteenth article of the Treaty of Utrecht ; excepting the Islands of St. Pierre and Miquelon, which are ceded in full right, by the present treaty, to His Most Christian Majesty. V. His Majesty the Most Christian King, in order to prevent the quarrels which have hitherto arisen between the two nations of England and France, consents to renounce the right of fishing, which belongs to him in virtue of the aforesaid article of the Treaty of Utrecht, from Cape Bonavista to Cape St. John, situated on the eastern coast of Newfoundland, in fifty degrees north latitude ; and His Majesty the King of Great Britain consents on his part that the fishery assigned to the subjects of His Most Christian Majesty, beginning at the said Cape St. John, passing to the north, and descending by the western coast of the Island of Newfoundland, shall extend to the place called Cape Raye, situated in forty-seven degrees fifty minutes latitude. The French fishermen shall enjoy the fishery which is assigned to them by the 1 So far as Canada was concerned, George II. of Great Britain and Lewis XV. of France. 2 Six weeks. 8 For extracts from this Treaty relating to Canada, see pp. 61-65 above. * This treaty was signed at Versailles on the 3rd of September, 178'i, by tbe Duke of Manchester, representing George III. of Great britain, and the Count de Ver- gVDDes, representing Lewis XVI. of France. TREATIES RELATING TO CANADA. 267 present article, as they had the right to enjoy that which was assigned to them by the Treaty of Utrecht. VI, With regard to the fishery in the gulph of St. Lawrence, the French shall continue to exercise it conformably to the fifth article of the Treaty of Paris. 1 XX. As it is necessary toappoint acertain period for the resti tutions and evacu- ations to be made by each of the high contractmg parties, it is agreed that the King of Great Britain shall cause to be evacuated the islands of St. Pierre and Miquelon, three months after the ratification of the present treaty, or sooner, if it can be done. . mm 6. The Treaty of Paris,'^ 1783. I. His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign, and indefjendent states ; that he treats with them as such ; and for himself, his heirs and successors, relinquishes all claims to the govenmient, prf>priety, and territorial rights of the same, and every part thereof. II. And that all disputes which might arise in future on the subject of the boundaries of the said United Stites may be prevented, it is hereby agreed and declared that the following are and shall be their boundaries, viz., from the north-west angle of Nova Scotia,^ viz., that angle which is formed by a line drawn due north, from the source of Saint Croix river to the Highlands* along the said Highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean, to the northwestemmost head of Connecticut river ; thence down along the middle of that river to the forty -fifth degree of north latitude ; from thence by a line due west on said latitude until it strikes the river Iroquois or Cataraquy* ; thence Piipi'iiii IP nil' mi liiiiiii 1 Of 1763. See p. 62 above. a On the 30th of November, 1782, "provisional articles of peace and recoucili- ation " between Great Britain and the United States, were signed at Paris, but it was agreed that the formal treaty between the two powers should not be "concluded until terms of peace should be agreed upon between Oreat Britain and France." The treaty of Paris was therefore signed on the 3rd of September, 1783, immediately after the signing of the Treaty of Versailles. (See note 4. p. 266). The contracting powers were George III. of Oreat Hritain, and " the United States of America " ; the former being represented by David Hartley M. P., and the latter by John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, and John Jay of New York. s Nova Scotia at this time, and until 1784, included New Brunswick. See Com- mission to Oov. Carleton, pp. 22-23. * Now the St. Lawrence. 1268 APPF.NDIX A. h ttlong the middle «>f said river into Lake Ontario ; through the middle of Huid lake, until it strikes the communication by water between that lake and Lake Erie ; thence along the middle of said communication into Lake Erie ; through the middle of said lake, until it arrives at the water-communication between that lake and lake Huron ; thence along the middle of said water-communica- tion into the lake Huron ; thence through the middle of said lal o to thewater- communioation between that lake and Lake Superior ; thence through Lake Superi ir, northward of the isles Royal and Phelipeaux, to the Long Lake ; thence through the middle of said Long Lake, and the water-communication between it and the Lake of the Woods, to the said Lake of the Woods ; thence through the said lake to the most northwestern point thereof, and from '^'.ence on a due west course to the river Mississippi ; thence by a line to be drawn along t'.i»* middle of the said river Mississippi, until it shall intersect the northernmost ])art of the thirty-first degree of north latitude : — South, by a line to be drawn due east from the determination of the line last-mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Aimlachicolu or Catahouche ; thence along the middle thereof to its junction with thu Flint river; thence strait to the head of St. Mary's river, and thence down along the middle of St. Mary's river t(> the Atlantic Ocean :— East, by a line to lie drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its source ; nnd from its source directly north to the aforesaid Highlands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence : comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall resjiectively touch the Bay of Fundy, and the Atlantic Ocean ; excepting such islands as now are, or heretofore have been, within the limits of the said Province of Nova Scotia. III. It is agreed, that the (>eople of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank and on all the other banks of Newfoundland : also in the gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United Statex shall have liberty to take fish of every kind on such part of the coast of New- foundland, as British fishermen shall use (but not to dry or cure the same on that island) and also on the coasts, 'luys, and creeks of all other of his Britannic Majesty's dominions in Americi ; and that the American fishermen .shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen islands, and Labrador, so long as the same shall remain unsettled ; but so soon as the same, or either of them, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the in- habitants, proprietors, or jiossessors of the ground. IV. It is agreed, that creditors on either side shall meet with no lawful im- pediment to the recovery of the full value in sterling money of all bona Me debts heretofore contracted. TRKATIES RELATING TO CANADA. 2H9 1, V. It is agreed, that the CongreHH shall earnestly reoominend it to the legislatures of the reniieotive states, to provide for the restitution of all estates, rights, and pro|)erties which have been confiscated, belonging to real British subjects ; and also of the estates, rights, and pro{>erties of persons resident in districts in the [KMsession of His Majesty's arms, and who have not borne anns against the said United States ; and that iiersons of any other earnestly recommend to the several states a rt^-consideration and revision of all acts or laws regarding tlie premises, so as to render the said lawh or acts {)erfectly consistent, not only with justice and eijuity, but with that spirit of concilia- tion, which, on the return of the blessings of i)eace, should universally pre- vail. And that Congress shall also earnestly recommend to the several states, that the estates, rights, and properties of such last mentioned persons shall Ik? restored to them, they refunding to any persons who may Ik nKsession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, or propnrties since the confiscation. And it is agreed, that all ijersons wbo have any interest in confiscated lands, either by debts, marriage settlem- iits, or other- wise, shall meet with no lawful impediment in the prosecution of thei»- just rights,' VI. Th;i' there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for t»r by reason of the part w liich he or they may have taken in the present war ; and that no person shall on that account suffer any future loss or damage, either in his person, liberty or property ; and that those who may be in confinement on such charges at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued. VII. There shall be a firm and perpetual peace between His Britannic Majesty and the said states, and between the subjects of the one and the citizens of the other, wherefore all hostilities, both by sea and land, shall 1 mm mm m-^' ill 1 Same idea of tlie character of the laws passed by State Legislatures dealing with the estates of persons who had adhered to the Royalist cause during the llevolutionary war may be formed by reading the titles of Acts passed by the Legislature of New York. In 1779 there was r issed *' An Act for the forfeiture and sale of the estates of persons who have adbei^^d to the enemies of this State, and for declaring the sovereignty of the people of this State, in respect to all property Avithin the 8a.me." In 1780 an Act was passed approving of the Act of Congress of the same year relative to the finances of the United States, and providing that the lands " forfeited by the attainder of Sir .John Johnson " and others should be " mortgaged and bound for the redemption and security" of New York's proportion of the new national " bills of credit." Several Acts, dealing further with forfeited estates, were passed between 1780 and 1785. In 1782 an Act was passed enabling debtors to discharge in depreciated currency debts due to creditors who had taken refuge within the British lines. In 1778 an Act was passed authorizing " Com- missioners for Conspiracies " to require neutral or suspected persons to acknow- ledge on oath the independence of the State of New York, and declaring those who rafueed to be guilty of " misprision of treason." I 270 APPENDIX A. from henceforth cease : all prisoners on both sides shall be set at liberty ; and His Britannic Majesty shall with all convenient speed, and without causing any destruction or the carjying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons,^ and fleets from the said United States, and from every port, place, and harbour within the same ; leaving in all fortifications the American artillery that may be therein ; and shall also order and cause all archives, records, deeds, and papers belong- ing to any of the said states, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper states and persons to whom they belong. VIII. The navigation of the river Mississippi, from its source to the ocean, shall for ever remain free and open to the subjects of Great Britain and the citizens of the United States. IX. In case it should so happen that any place or territory belonging to Great Britain, or to the United States, should have been conquered by the arms of either, from the other, before the arrival of the said provisional articles in America, it is agreed that the same shall be restored without diffi- culty, and without requiring any compensation. X. The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged between the contracting parties in the space of six months, or sooner if possible, to be computed from the day of th* signature of the present treaty. 1 British gaiTisons continued to occupy the forts within the United States at Niagara, Detroit, Mackinac, and other frontier posts, until the Jay Treaty was concluded in 1794. BOUNDARIES OF CANADIAN PROVINCES. 271 11 lii! m APPENDIX B. BOUNDARIES OF CANADA, AND OF THE CANADIAN PROVINCES. I. The Province of Nova Scotia. This Province, M'ith the exception of C&pe Breton, was surrendered to Great Britain by France under the Treaty of Utrecht, 1713, i but its boun- daries were left to be determined by " Commissioners " appointed by each Government within a year.^ The provision respecting delimitation was not carried out, and in 1720 Major (afterwards Governor) Mascarene prepared for the information of the Lords of Trade and Plantations a description" of Nova Scotia from which the following extract is taken : The boundaries having as yet not been agreed on between the British and French Governments in these parts as stipulated in the 10th article of the Treaty of Utrecht, no just ones can be Hettled in this description. The extent of the Province of Nova Scotia or Acadie, according to the notion the Britains have of it, is from thw limits of the Government of Massachusetts Bay in New England, or Kennebeck River, about the 44th degree north latitude, to Cape de Koziers on the south side of the entrance of the River of St. Lawrence in the 44th degree of the same latitude, and its breadth extends from the eastermost part of the Island of Cape Breton to the soutli side of the River St. Lawrence. Out of this large tract the French had yielded to them at the above treaty the islands situated at the mouth of the River St. Lawrence and in the Gulpn of the same, with the Island of CaiJe Breton.* An unsuccessful attempt was made by the appointment of '* C( )mmiB8arie« " under the Treaty of Aix-la-Chapello, 1748, to settle the question of the Acadian boundaries. Governor Shirly, of Massachusetts, lepissenting the British Grovemment." The western and northern boundaries of Nova Scotia 1 See p. 4 above, s See p. 3 above. » "Nova Scotia Arobives," pp. 39-40. * See pp. 4-5 above. • Hciiburton's History of Nova Sooti*, vol. I , pp. 14S)-149. Urn Kiili !:■"' 1 111 i;ii!i| n i "' I, "liij liil/iiil'i ll' . ., ■ mM '!!'hr m kf\ _, ,_„.BI if''' '" 1!ii \\\< I' :, ill 272 APPENDIX B. remained undetermined until the British conquest of Canada, and the sur- render of the whole country under the Treaty of Paris, 1763. According to Haliburton^ they were then fixed " by the Crown " as follows : " To the northward, our said Province shall be bounded by the southern boundary of our Pi-ovince of Quebec,'* as far as the western extremity of tht* Bay des Chaleurs. To the eastward by the said bay, and the Gulf of St. Lawrence, to the cape or pn)montory called Caiie Breton in the island of that name, includinK that island, the island of St. Johns," and all other islands^ within six leagues of the coast, to the southward by the Atlantic Ocean from the said cape to Cape Sable, including the island of that name, and all other islands within 40 leagues of the coast, with all the rights, members and appurtenances, whatsoever, thereto belonging. And to the westward, although our said Province hath anciently extended, and dt^th of right extend, as far as the River Pentagoet or Penobscot, it shall be bounded by a line' drawn from Cajjo Sable across the entrance of the Bay of Fundy, to the m')uth of the River St. Croix ; by the said river to its source, and by a line drawik due north, from thence to the southern lioundary of our col'Nli 11 276 APPENDIX B. Lake of the Woods. By the unanimous award of three arbitratorgi in 1878 the western and northern boundaries of Ontario were g^ven in detail from the last mentioned angle by way of the English and Albany rivers to Hudson's Bay where its shore is intersected by a line drawn due north from Lake Temiscaming.2 The Imperial Privy Coimcil in 1884 made an inde|)endent award" under a joint reference by the Governments of Ontario and Manitoba, virtually confirming the award of 1878 pro tanto. Both of these decisions were sujierseded by the passage of an Imperial Act^ in 1889, in response to the subjoined address from both Houses of the Dominion Parliament. The preamble to the Act states that the Government of Ontario have assented*^ to the boundaries specified in the address, that the boundary between Ontario and Quebec is identical with the one fixed by the proclamation" of the Governor-General in November, 1791, and that the boundary between Ontario and Manitoba is identical with the one found correct by the Privy Council in 1884. The address above referred to contains the details of the westerly, northerly, and easterly boundaries of Ontario, which are thus made legally valid, as follows : We, your Majesty's most dutiful and loyal subjects, the Senate and Commons of Canada, in Parliament assembled, humbly approach your Majesty with the request that your Majesty may be graciously plea«erl to cause a measure to be submitted to the Parliament of the United Kingdom, declaring and providing the following to be the westerly, northerly, and easterly boundaries of the Province of Ontario, that is to say : — Commencing at the point where the international boundary between tl i United States of America and Canada strikes the western shore of La' > Superior, thence westerly along the said boundary to the northwest angle of the Lake of the Woods, thence along a line drawn due north until it strikes the middle line of the course of the river discharging the waters of the lake called Lake Seul or the Lonely Lake, whether above or below its confluence with the stream flowing from the Lake of the Woods towards Lake Winnipeg, and thence proceeding eastward from the point at which the before-mentionecl line strikes the middle line of the course of the river last aforesaid, along the middle line of the course of the same river (whether called by the name of the English River or, as to the part below the confluence, by the name of the River Winnipeg) up to Lake Seul or the Lonely Lake, and thence along the middle line of Lake Senior Lonely Lake to the head of that kke, and thence by S Vict. cap. 5). which makes provision for a determination of the boundary in detail. A similar Act was passed in the same year by the Quebec Legislature (38 Vict- cap. 6), but though each of these statutes has been re-enacted (R. S. U., 1H77> cap. 3; R. 8 O., 1887, cap.3; and R. S. Q., 1888, Title I., cap. I.) the Dominion Parlia- ment has not taken any steps to establish the line of boundary agreed upon by the Provinces. -m m&da, 18S5- 2. emis- Vict, letail. Vict. 1.S77, arlia- oil by BOUNDARIES OF CANADIAN PROVINCES. 277 Joseph, and thence along that middle line until it reaches the foot or outlet of that lake, and thence along the middle line of the river by which the waters of Lajce St. Joseph discharge themselves to the shore of the part of Hudson's Bay commonly known as James' Bay, and thence south-easterly following upon the said shore to a point where a line drawn due north from the head of Lake Temiscamingue would strike it, and thence due south along the said line to the head of the said lake, and thence through the middle channel of the said lake into the Ottawa River, and thence descending along the middle of the main channel of the said river to the intersection by the prolongation of the western limits of the Seigneurie of Rigaud, such mam channel being as indicated on a map of the Ottawa Ship Canal Survey made by Walter Shanly, C.E., and approved of by an Order of the Governor-General-in-Council, dated the twenty -first July, one thousand eight hundred and eighty -six ; and thence southerly following the said westerly boundary of the Seigneurie of Rigaud to the southwest angle of the said Seigneurie, and then southerly along the western boimdary of the augmentation of the township of Newton to the northwest angle of the Seigneurie of Longueuil, and thence south-easterly along the south-western boundary of the said Seigneurie of New Longueuil to a stune boundary on the north bank of the Lake St. Francis at the cove west of Point au Baudet, such line from the Ottawa River to Lake St. Francis being as indicated on a plan of the line of boundary between Upper and Lower Canada, made in accordance with the Act 23 Victoria, ohaper 21, and approved by Order of the 6ovemor-Greneral-in-Council, dated the 16th of March, 1861. The easterly boundary of Ontario is the westerly boundary of Quebec, and the southerly boundary of that Province is fixed by the Ashburton Treaty, 1842, on the side of the United States, and by Imperial Statute^ on the side of New Brunswick. On the east Quebec is bounded by the Gulf of St. Lawrence and Labrador and its northerly boundary is still undetermined as a whole, but is fixed as to its western extremity at the point where the due north line from Lake Temiscaming intersects the south shore of Hudson's Bay.a 4. The Province of Manitoba. The boundary between the then Province of Quebec and the United States, as fixed by the Treaty of Paris of 1783, stopped at the Mississippi.' Article 1 See pp. 373-273 above. a By the Royal Proclamation of 1763 the River St. John was made the easterly limit of the Province of Quebec on the north shore of the St. Lawrence, all the rest of that shore and of the Atlantic coast of Labrador to Hudson's Straits being, with Anticosti and the other islands in the Gulf of St. Lawrence, annexed to Newfoundland. Labrador, the north shore of the river and Oulf of St. Lawrence, and tbn islands in the gulf, were all transferred to Quebec by the Quebec Act of 1771. They remained part of Quebec till 1791 and part of Lower Canada till 1809, in which year the Imperial Parliament passed an Act (49 George III. cap. 27), which re-e,nnexed to Newfoundland, with the exception of the " Madelaine ''^ islands, all that had been added to it by the Proclamation of 1763. The Imperial Parliament passed an Act in 1825 (6 George IV. cap. 59), restoring to Lower Canada part of what had been thus taken from it in 1807, including the Island of Anticosti and so much of the north shore of the river and Gulf of St. Lawrence as " lies to the westward of a line to be drawn due north and south from the bay or harbour of Ance Sablon, inclusive, as far as the fifty-second degree of north latitude." Though the northern boundary of Quebec has never been defined it is worthy of remark that the fifty-second parallel is further north than the intersection of the south shore of Hudson's Bay by the due north line from Lake Temiscaming. s See p. 268 above. iiilii'Vi &J W. "'1 sj !il|:| \\\'~-r mi m\ !ii^ .:m i'''. '% Si 278 APPENDIX B. IV. of the Jay Treaty of 1794 provided for a survey of that river from below the falls of St. Anthony (Minneapolis) for the purpose of ascertaining whether it extended far enough north to intercept a due west line from the northwest angle of th« Lake of the Woods. By the London Convention of 1818 : *' It is agnreed that a lire drawn from the most northwestern point of the Lake of the Woods along the 49th parallel of north latitude, or if the said point shall nut be in the 49th parallel of north latitude then that a line drawn from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection due west alon^ and with the said parallel, shall be tne line of de- marcation between the territories of the United States and those of his Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States and the southern boundary of the territones of his Britannic Majesty, from the Lake of the Woods to the Stony^ Moun- tains. The western, northern, and eastern boundaries of Manitoba have been twice defined by the Parliament of Canada, (1) by the Act^ which created the Province in 1870, and (2) by the Act' which enlarged its area and extended its boundaries in 1881. By the definition in the latter statute Manitoba extends from the United States boundary on the south to " the twelfth base line in the system of Dominion Land Surveys " on the north, and from the line between the twenty-ninth and thirtieth ranges of townships west of the first principal meridian on the west, to a line drawn due north from the iK)int wber^ the Ontario boundary intersects that of the United States on the east. 5. The Province of British Columbia. When by the London Convention of 1818 the 49th parallel of north latitude was fixed as the international bouidary the region west of the Rocky Moun- tains was comparatively unknown, and neither Great Britain nor the United States was in undisputed possession of it. By the same convention (Article III,) it was arranged that the commerce and navigation of the whole Pacific slope should be " free and open " to the citizens of both countries for ten years. In 1825, by Articles III. and IV. of the Treaty of St. Petersburgh, it was agreed between Great Britain and Russia that the boundary of Alaska should begin at Prince of Wales Island in 54 degrees 40 minutes north latitude, run up the Portland Channel to the 56th degree, thence pass along the summit of the mountain chain till it intersected the 14lst meridian, and then follow that meridian to the "Frozen Ocean." 1 Now " Rocky " Mountains. a Dom. Stat. 33 Vict. cap. 3. * Oom. Stat. 14 Vict. cap. 14; B. S. C, 1686, cap 47. BOUNDARIES OF CANADIAN PROVINCES. 279 In 1827 (Aug. 6) » convention was adopted at London between Great Britain and the United States by which the agreement of the third article of the Convention of 1818 was "indefinitely extended and continued in force," and it continued in force until superseded by the Treaty of Washington, 1846, which provided that the 49th parallel should be the international boundary from the Rocky Mountains " to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel, and of Fuca's straits to the Pacific Ocean. " Further knowledge of this " channel " brought to light »he fact that there are two channels, the Rosario Strait on the United States side of the San Juan archipelago, and the Canal de Haro on the British side of it. The dis- pute as to which was the one meant in the treaty of 1846 was settled by an award of the Emperor of Germany under a provision of the Treaty of Washington, 1871, and in favour of the United States contention. The Canal de Haro is now, therefore, a part of the boundary. By Imperial Statute * Vancouver's Island was in 1849 made virtually a self- governing colony. A similar status was in 1858 ^ conferred on British Columbia, the Act of the British Parliament giving it boundaries as follows : On the south " the frontier of the United States " ; on the east the " main chain of the Rocky Mountains"; on the north "Simpson's river and the Finlay branch of the Peace " ; on the west the Pacific Ocean, Queen Char- lotte's Island being included. In 1863, by Imperial Statute, ^ the boundaries at present in existence were thus fixed : " British Columbia shall * * * * be held to comprise all such terri- tories within the dominions of Her Majesty as are bounded to the south by the territories of the United States of America, to the west by the Pacific Ocean and the frontier of the Russian territories in North America, to the north by the sixtieth parallel of north latitude, and to the east, from the boundary of the United States northwards by the Rocky Mountains and the one hundred and twentieth meridian of west longitucfe, and shall include Queen Charlotte's Island and all other islands adjacent to the said territories, except Vancouver's Island and the islands adjacent thereto." Vancouver's Island became part of British Columbia in 1866,* and five years later the united colony became a Province of the Dominion of Canada. 6. The North- West Territories. This title* is applied to the whole region formerly known as " Rupert's Land " and the " North-West Territory," except the Province of Manitoba 1 12 & 13 Vict. cap. 48. a By 21 & 22 Vict. cap. 99. S 26 See p. 278 above. • This is a line due north to the Arctic ocean from " Cedar Portage," at the head of Lalce Winnipegosis. • By order of the Oovernor-Qeneral in Council, on the 8tb of May, 1882 Sea Doiii. Bess. Paper of 1882, No. 172. 6 See Note 2, p. 277. On the 31st of .July, 1880, an Imperial Order-in-Council was passed in the following terms : " From and after the first day of September, IBilO, all British territories and possessions in North America, not already included within the Dominion of Canada, and all islands adjacent to any of such territories or possessions, shall (with the exception of the Colony of Newfoundland and its dependencies) become, and be annexed to, and form part of, the said Dominion of Canada, and become and be subject to the laws for the time being in force in the said Dominion, in so far as such laws may be applicable thereto." This affected part of the Labrador peninsula, but how much of it cannot be precisely specified. 6 Commission to Gov. Paterson, pp. 21-22 above. T Article II of the Treaty of Paris, 1783, pp. 267-268 abovs. • Gov. Paterson's commission, pp. 21-22 above. « Article IV. of the Treaty of Ghent, 1814; and Decision of the Commission under that article, Nov. 24th, 1817. 10 Article II. of the Treaty of Paris, 1783 ; Article V. of the Jay Treaty of 1794 ; ex- Elanatory article added to the Jay Treaty in 1798; the Convention of London, eptember 29tb, 1827. BOUNDARIES OF CANADIAN PROVINCES. 281 by the 45th parallel.! From that \ioint it follows the navigable channel of the 8t. Lawrence to Lake Ontario, pasHea thnmgh that lake, the Niagara River, Lake Erie, Detroit River, Lake St. Clair, River St. Clair, Lake Huron and the lower part of the St. Mary River to the foot of the Ntiebish Rapids.' From the Neebish Rapids the boundary is continued up the St. Mary River to and through Lake Superior to the mouth of Pigeon River, thence by way of Rainy Lake and Rainy River to the northwest angle of the Lake of the Woods." From the northwest angle of the Lake of the Wtxtds the boundary runs due 80uth to the 49th parallel and along that parallel to ihe Strait of San Juan de Fuca, and through it to the Pacific Ocean.* The western boundary of the Dominion is the PwiJic Ocean and the Port- land Channel to the inland terminus of the lattei, the Rocky Mountains to their intersection by the 141st meridian, and that meridian to the Arctic Ocean. "^ 1 Article I. of the Asbburton Treaty, 1842. 2 Article II. of tlie Treaty of Paris, 1783; Article VI. of the Treaty of Ghent, 1814 ; Decision of the Commisstouers under the last mentioned Article, made at Utica, June IHth, 1822. t Article II of the Treaty of Paris, 1783; Article IV. of the .Jay Treaty of 17a4; Article VII. of the Treaty of Ghent, 1814 ; Article II. of the Ashburton Treaty, 184!^ * Article II. of the Convention of London, October 20th, 1818; Article I. of the Treaty of Washington, 1840; Article XXXV. of the Treaty of Washington, 1871; Award of the Emperor of Germany, OotDber 2l8t, 1872. Articles II. and III. of the Treaty of St. Petersburg, 1825. .:::'i t m i i|!i!' i!!'-i:t-;m m j 'if i 1 m 1 ! ' ."iiiii; '■\r- ipl h!;; ,;l:ai !!;i- l!:i ilillij !|i,i,tl: 882 APPENDIX 0. APPENDIX C. I. EXTRADITION OF FUGITIVE CRIMINALS. Fujfitive criminals may be surrendered by one country at the request of another, in accordance with international comity ;i they must be surrendered by one country at the demand of another, if both countries have agreed by treaty to make such surrenders. Extradition is now for the most part a matter of treaty arrangement among civllizod nations. As between Great Britain and the United States, the only treaty provisions heretofore adopted are the following : I. The Jay Treaty," London, 1794. Article XXVII. It is further agreed that His Majesty and the United States, on mutual requisitions by them respectively, or by their respective ministers or officers authorized to make the same, will deliver up to justice all persons, who, being charged with murder or forgery ,8 committed within the jurisdiction of either, shuU seek an asylum within any of the countries of the other, provided that this shall only be done on such evidence of criminality, as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expense of such apprehension and delivery shall be borne and defrayed by those who make the requisition p.nd receive the fugitive.* 1 For a lucid discussion of this ground of surrender, see Spears "Law of Extra* dition," Chapter I ; Clarke's " Law of Extradition," Third Edition, Chapter I. 2 See Clarke's "Law of Extradition," Chapter III. 8 Compare the list of crimes in the Ashburton Treaty of 1842. * By Article XXVIII. of the same Treaty, it was provided that Article XXVII. should remain in force for only twelve years. The strained relations between the two powers prevented its renewal. Each of the treatises mentioned in Note 1, gives some account of the difficulty thrown in the way of its operation by the want of legislation to give it effect. EXTRADITION AMD FISHERIES. 283 2. The Ashburton Treaty/ Washington, 1842. Article X. It in agreed that the United States and Her Britannic Majesty shall, upon mut jal requisition by them, or their ministers, officers, or authori- ties, respectively made, deliver up to justice all persons who, being charged with the crime' of murder, or assault with intent to commit munler, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum, or shall be found within the territories of the other ; provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime .>r oi7v;nce had there been committed ; and the respective judges and other magistrates of the two governments shall have power, jurisdiction, and authority, J ujwn complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition, and receives the fugitive. XI. * • * ♦ The tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer.'' i For an account of the Holmes case, which was the occasion of Article X. of the Ashburton Treaty, see Spears' "Law of Extradition," Chapter II., aud Clarke's "Law of Extradition," Chapter III. a Compare this list of extradition crimes with the list in the Jay T'-eaty above. The two treatises specified in Note 1 contain ample data for arriving at a deflui- tion of these terms. 3 Two alleged criminals were extradited under this treaty by the United States anthorities at the request of the British Government, before any statute was enacted by Congress to give it effect. This was done in 1848 (!) U. S. Statutes at Large, 302). This Act was supplemented by another in IStiO (U. S. Statutes at Large, 84), and by subsequent enactments of less importance. In 1843 an Act (6 & 7 Vict. cap. 76) was passed by the British Parliament to give effect to the tenth Article of the Ashburton Treaty, and this was supplemented by two later Acts (8 Sc 9 Vict. cap. 120, and 29 & 30 Vict, cap 121). These three Statutes were all repealed by "The Extradition Act, 1870" which is still in force. The Canadian Statutes dealing with this subject are "The Extradition Act, 1877" (40 Vict. cap. 25); an Act passed in 18S2 (45 Vict. cap. 21) to amend the Act of 1877 ; the consolidation of these two Acts in the Revised Statutes of Canada, 1886 (cap. 142) ; aud an Act (52 Vict, cap. 30) passed in 1889 to provide for the extradition of criminals to countries between which and Great Britain no extradition treaty exists. « The AshburtoB Treaty was virtually suspended for a short time in 1876 as the result of a di£Ferenoe of opmion between the British and United States Govern- ments over its working. (Spear's " Law of Extradition," cases of Caldwell, Law- rence, and Winslow.) IV % ' ,f'f'''\ hi ■')•■ 3 P ■ '''ii i Mm 284 APPENDIX C. Li » II. STIPULATIONS WITH FRANCE RESPECTING FISHERIES. 1. The Treaty of Utrecht, 1713.' 2. The Treaty of Paris, 1763.' 3. The Treaty of Versailles, 1783.' British Declaration,* Versailles, 1783. * * * In order that the fishermen of the two nations may not give cause for daily quarrels, His Britannic Majesty will take the most positive measures for preventing his subjects from interrupting, in any manner, by their com- petition, the fishery of the French, during the temixirary exercise of it which is granted to them, upon the coasts of the Island of Newfoundland ; and he will, for this i)urpose, cause the fixed settlements which shall be fonned there to be removed. His Britannic Majesty will give orders, that the French fishermen be not incommoded, in cutting the wood necessary for the repair of their scaffolds, huts, and fishing vessels. The thirteenth article of the Treaty of Utrecht, and the methcxl of carrying on the fishery, wliich has at all times been acknowledged, shall be the plan upon which the fishery shall be carried on there ; it shall not be deviated from by eitlier party ; the French fishermen building only their scaifolds, confining themselves to the repair of their fishing vessels, and not wintering there ; the subjects of His Britannic Majesty, on their part, not molesting in any manner tliG French fishermen during their fishing, nor injuring their scaffolds during their absence. The King of (ireat Britain, in ceding the islands of St. Pierre and Miquelon to France, regards them as ceded for the purpose of serving as a real shelter to the French fishermen, and in full confidence that these possessions will not become an object of jealousy between the two nations ; and that the fishei-y between the said islands and that of Newfoundland shall he limited to the middle of the channel. French Counter-Declaration,* Versailles 1783. * * * The King of Great Britain undoubtedly places too much con- fidence i.. t'le uprightness of His Majesty's intentions, not to rely upon his constant attention to prevent the islands of St. Pierre and Miquelon from becoming an object of jealousy between the twj nations. As to tlie fishery on the coasts of Newfoundland, which has been the object of the new ar aiigements settled by the two sovereigns upon this matter, it is sufficiently ascertained by the fifth article of tlie treaty of peace signed this 1 oee Articles XII. -XIII., pp. 4-5 above. 2 See Articles V.-VI.. pp. C2-6;5, above. 8 See Articles IV.-VI., pp. 20C-2e7 above. 4 Signed on tlio same day with the Treaty of Versailles, nK\. Both the treaty and the declarations were annulled by the outbreak of the war in 179H. EXTRADITION AND FISHERIES. 285 day, and by the declaration likewise delivered to-day by His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary ; and His Majesty declares that he is fully satisfied on this head. In regard to the fishery between the island of Newfoundland and those of St. Pierre and Miquelon, it is rot to be carried on by either party but to the middle of the channel ; and His Majesty will give the most positive orders that the Fren"'^ fishermen shall not go beyo Pedley's ' History of Newfoundland," Appendix VI. In 18.57, a Convention between (Jreat Dritain and France, " relative to the rights of fishery on the Coast of Newfoundland and the neighbouring coasts," was concluded at London in 1857 (Hertslet's Treaties, vol. X.. pp. 749-7.'>5|, subject to ratification by the "Imperial Parliament of Great Britain and by the Provincial liegistature of Newfoundland, Her Britannic Majesty enga^ug to use her best endeavours to procure the passing of such laws," The additional concessions made to France by this convention aroused such opposition in the Newfoundland Legislature that the convention itself became a dead letter (Hee Pedley's "History of Newfound- laud," p. 482, for the despatch withdrawing the proposals.) * See p. 2(58 above. 286 APPENDIX C. the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly on the southern coast of Labrador to and through the Streights of Bellf isle, and thence northwardly indefinitely along the coast, without prejudice, how- ever, to any of the exclusive rights of the Hudson Bay Company : And that tlie American fishermen shall also have liberty forever to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland hereabove described, and of the coast of Labrador ; but so soon as the same, or any portion thereof shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such jwrtion so settled, without pre- vious agreement for such purpose with the inhabitants, jiroprietors, or posses- sors of the ground. And the United States hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish, on or within three marine miles of any of the coasts, bay, creeks, or harbours, of his Britannic Majesty's dominions in America, not included within the alxive mentioned limits : Provided, however, that the American fishennen shall be admitted to enter such bays or harbours for the puriKise of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges liereby reserved to them.* 3. The Treaty' of Washington, 1854. I. It is agreed by the high contracting parties, that in addition to the lilierty secured to the United States fishermen by the Convention of October 20, 1818, of taking, curing, and drying fish (.m certain coasts of the British North Ameri- can cokmies therein defined, the inhabitants of the United States shfvll have, in common with the subjects of her Britannic Majesty, the liberty to take fish of every kind, except shell-fish, on the sea coasts and shores, and in the bays, harbours, and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore ; with perinissicm to land upon the coasts and shores of those colonies and the islands thereof, and also ujion the Magdalen Islands, for the purpose of drying their nets and curing their fish ; provided that in so doing they do not interfere with the rights of private property, or with British fishermen in the peaceable use of any part of the said coast in their occupancy for the same puriK)se. It is understood that the aben\g restricted to any distance from the shore ; with j^rmission to land upon the said coasts of the United States and of the islands aforesaid for the j)urpose of dryinp their nets and curing their fish, provided that in so doing they do not interfi^re with the rights of private pr()i)erty, or with the fishermen of the I'nited States in the i>eaceable use of any part of the said coasts in their occu- pancy for the same purpose. It is understood that the above-mentioned lil)erty applies solely to the sea fishery, and that salmon and shad fisheries and all fisheries in rivers and mouths of rivers, are liereby reserved exclusively for tisliermen of the United States. ' 4. The Treaty of Washington, 1871.' 1 Article V. provided that the treaty should remain in force ten years from the date when it came into operation, and further until the expiration of twelve moiitliH after either of the high contracting parties should give notice to the otlier of its wish to terminate it; each party bemg at liberty to givcKUch notice to the other at the end of the said term of ten years, or at any time afterwards. The Unit(Ml States gave notice under this Article on the 17th of March, INi;"), and the treaty lapsed on the 17th of March, 18C6. For the Act of Congress of the United States, and the Acts of the Parliaments of (Canada, Nova Scotia, Now Hniuswick, Prince Edward Island, Newfoundland, and Groat Britain, giving effect to the 'I'roaty of 1H54. see Hortslet's " Treaties," Vol. X. pi). 047-03.5. 2 The fishing privileges extended to the flshenuen of each counti'y under Articles XVIIl-XX 1)1 this treaty were co-extonsive, geographically and otherwise, with those emtiodieil in the treaty of 18.5-1 above. Article XVI. secured the admission of flsh-oil and J\sh (except fresh water flsh and fish preserved in oili into the United States, and Articles XXII. -XXV. provided for the settlement by arbitration of the amount that should be paid by the United States to compensate for the greater value of the Hritish concession. The articles dealing with the fisheries were to continue in force for ton years, after which either party might give two years' notice of its wish to terminate them. The treaty took effect from the first of .Inly, lH7:t, and the United States Government haviiig given notice as provided, the ftsheru's articles lapsed in 1885. A treaty dealing with the fisheries (piestion was negotiated at Washington in 1888 (Dom. Bess. Papers for 1888, No. 30i, but it was not approved of by the United States Senate. An arrangement was proffered by the Pritish plenipotentiaries as a mudun vtvendi pendmg the ratification of the treaty, and this arrangement was in 18'J0 embodied in an Act of the Canadian Parliament (53 Vict. cap. 19). :i hi !l ■;:. ;Siii .111, 288 APPENDIX 0. IV. TREATY STIPULATIONS WITH RUSSIA RESPECTING FISHERIES. 1. Convention of St. Petersburg,' 1824. I. It is agreed that in any part of the Great Ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens or subjects of the high contracting powers shall be neither disturbed nor restrained, either in naviga- tion or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading witli the natives, saving always the restrictions and conditions determined by the following articles. IV, It is nevertheless understood that during a term of ten years, counting from the signature of the present convention, the ships of both Powers, or which belong to their citizens or subjects, respectively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harliours, and creeks, upon the coasts^ mentioned in the preceding article, for the pur- pose of fishing and trading with the natives of the country. 2. Convention of St. Petersburg, ' 1825. I. It is agreed that the respective subjects of tlie high contracting parties shall not be troubled or molested, in any part of the ocean, commonly called the Pacific Ocean, either in navigating the same, in fishing therein, or in landing at such parts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions and conditions specified in the following articles. 1 Between Russia and the United States. As to its effect, Wharton (Interna- tional Law Digest, vol. I„ p. Ill) says: " Uussia having asserted, in 18*22-24, an exclusive jurisdiction over the northwest coaBt and waters of America from Bebriu^; strait to the flfty-tlrst degree of north latitude, this claim was resisted by the United States and Great Britain, and was surrendered in a convention between Russia and the United States, in April. 1824, for ten years (not technically renewed) and in a convention between Great Britain and Russia, in February, 1825, for ten years, re established by the treaty of June, 174H. The Russian claim was dibputed by J. Q. Adams, in his note to the Russian Minister of March 30, 1822." > The " Northwest coast of America " and the islands adjacent to it. * Between Great Britain and Russia. !i, '■ EXTRADITION AND FISHERIES. 289 VI. It is underatuod that the subjects of His Britannic Majesty, from whatever quarter tJ ey may arrive, whether from the ocean, or from the interior of the continent, shall forever enjoy the right of navigating freely, and without any hindrance whatever, all the rivers and streams which in their course towards the Pacific Ocean may cross the line of demarcation upon the line of coast described in Article III. of the present convention. * VII. It is also understood that, for the space of ten" years from the signa- ture of the present convention, the vessels of the two ix>wers, or those belonging to their resiiective subjects, shall mutually be at liberty to frequent, without any hindrance whatever, all the inland seas, the gulfs, havens, and creeks, on the coast* mentioned in Article III., for the purpose, of fishing and of trading with the natives. 1 From the southern point of Prince of Wales island up the Portland Channel to the 56th degree of north latitude and thence along the summit of the Rocky Mountains to their intersection by the 14l8t meridian. a As to this limit see Note 1, p. 288. « See Note 1 above. $'m ii i flL, li :!l i m ill M '".m m iJ90 APPENDIX D. APPENDIX D. I. The Introduction of English Law into Upper Canada. An Act^ to repeal certain parts of an Act passed in the fourteenth year of His Majestifs Reign, entitled "^n Acf^ for making more effectual provision for the Government of the Province of Quebec in North America,^ and to introduce the English Law as the Rule of Decision in all matters of con- troversy relating to Property and Civil Rights, [15th October, 1792. Whereas by an Act passed in the fourteenth year of his present Majesty, intituled " An Act for making more effectual Provision for the Government of the Province of Quebec in North America," it was amongst other things pro- vided, " that in all matters of controversy relative to proijerty and civil rights resort should be had to the laws of Canada* as the rule for the decision of the same," such provision being manifestly and avowedly intended for the accom- mopular government, ensure harmony in place of collision between the various powers of the State, and bring the influence of a vigorous public opinion to 1 These extracts are reprinted from the British Parliann-ntary paper, printed by order of the House of Commons. The Report is dated "London, 3l8t January, ia39," and the order for printing was made on the 11th of February of the same year. 3 The "results" an^ " evils " here mentioned are described in the previous part of the report. AmonRst them are the strugRle between the French and English races in Lower Canada, collision s GeTiveen the Executive and the Legislative Assembly in different Provmces, CQllisiiyjs between the Legislative Councils and the Legislative AssembHes, ^Jyise oTThe system of Provincial grants for local public works, \jant of vigorous administration of the royal prerogative, ijutex- ference of the c51onial Department in the details of Colonial GoveiMment, iyres^onsibility of the Executive Council, the absence of any division of the pulilic service into regular ministerial departrtlfinffl, ll^ewant of mimicipal insti- tutions, the inelflcieiit administration of justice in Lower C'&ada, defective means of education, 'Qie clergy reserves and tlie establishment of rectories,'the want of means of communication between different parts of each Province, v^ftstfiful mis- appropriation of Crown lands, and lack of proper arrangements for thereception and dispasition of immigrants. SoTne of these matters are dealt with at great length in the Appendixes to the Keport. » Lord Durham felt and expressed the fear that an emigration of English speaking settlers from Upper Canada to the United states was likely to take place. He cites, in support of his position a number of cases which had come to bis knowledge, and avows his belief that these emigrants were not ell politically dis- affected towards the Qovernment. ^i! ■ill i:!ill H I" !K iiyii^!!! iiif IjiiiHli' 1: |!f 294 APPENDIX E. l)ear on every detail of public affaira, we may rely on sufficient remedies l)ein)7 fo".?id for the present vices of the administrative system. Th'> preceding pages have sufficiently pointed out the nature of those evils, to the extensive ofjeration of which I attribute the various practical grievances, and the present unsatisfactory condition of the North American colonies. It is not by weakening, but strengthening the influence of the i)eoplc on its government ; by confining within much narrt>wer bounds than those hitherto allotted to it, and not by extending the interference of the imperial authorities in the details of colonial affairs, that I believe that harmony is to be restored, where dissension has so long prevailed ; and regularity and vigour, hitherto unknown, intnKliiced into the administration of these Pro- vinces. It needs no change in the principles of government, no invention of a new constitutional thory, to supply the remedy which would, in my opinion, completely remove the existing iK)litical disorders. It needs but to ff>llow out consistently the princijiles of the British constitution, and introduce into the government of these great colonies those wise jirovisions, by which alone the working of the represtsntative system can in any country be rtmdered har- monious and efficient. We are not now to consider the jKilicy of establishinj,' representative government in the North American colonics. That has been irrevocably done ;' and the exjwriment of depriving the i">eo])le of their present constitution.al power is not to be thought of. To conduct their government harmoniously, in accordance with its established principles, is now the business of its rulers ; and I know not how it is possible to secure that har- mony in any other way than by administering the government on those princi- ples which have been found perfectly efficacious in Great Britain. ^ I would not impair a single prerogative of the Crown ; on the contrary I believe that tho interests of the i)eoi)le of these colonies require the protection of jirerogatives which have not hitherto been exercised.^ But the Crown must on the other hand, submit to the necessary consequences of representative institutions ; and if it has to carry on the government in unison with a representative body, it must consent to carry it on by meaiis of those in whom that representative body has confidence. 1 See pp. 7-25, and 112-148. 2 Elsewhere in his Ueport (p. 29 of the British Parliamentary paper) Lord Durham, speakiufi of the freedom of the administration from the influence of the Legislative Asseuibly, says " This entire separation of the legislative and execu- tive powers of a State is the natural error of governments desirous of being free from the check of representative institutions. Since the Kevolution of 1688, the stability of the English Constitution has been secured by that wise principle of our government which has vested the direction of the national policy, and the distribution of patronage, in the leaders of the parliamentary majority." 8 On p. 37 of the Beport he says: " The defective system of administration iu Lower-Cabada commences at the very sourct) bf power ; and the efliciency of the public service is impaired throughout by the entire want in the Colony of any vigorous administration of the prerogative of the Crown. The fact is that, according to the present system, there is no real representative of the Crown in in the Province ; there is in it, literally no power which originates and conducts the Executive government. The Governor, it is true, is said to represent the Sovereign, and the authority of the Crown is, to a certain extent, delegated to him ; but he is, in fact, a mere subordinate officer, receiving his orders from the Secretary of State, responsible to him for his conduct, and guided by his instruc- tions." /^ x^-v >C m RESPONSIBLE GOVERNMENT IN CANADA. 295 In England this principle has been so long oonHidered an indisputable and essential part of our constitution, that it lias really hardly ever btien found neoessary to inquire into the means by which its observance is enforced. When a ministry ceases to command a majority in Parliament on great questions of imlicy, its doom is immediately sealed ; and it would ai>pear to us as strange to attempt for any time, to carry on a government by means of ministers perpetually in a minority, as it would be to pass laws with a majority of votes against them. The ancient constitutional remedies, by im])eachment and stoppage of the supplies, have never since the reign of William III. been brought into o[>eration for the purpose of removing a ministry. They have never been called for, liecause in fact it has l)een the habit of ministers rather to anticipate the occurrence of an absolutely hostile vote, and to retire when supi)orted only by a bare and uncertain majority. If colonial legislatures have frequently stojiijed the sujjplies, if they have harassed public servants by unjust or harsh iui|)eachments, it was because the removal of an unpopular administration could not lie effected in the colonies by those milder indications of a want of confidence, which have always sufficed to attain the end in the Mother Country. The mtsans which have occasionally been proposed in the Colonies themselves appear to me by no means calculated to attain the desired end in the best way. These proposals indicate such a want of reliance on the willingiu'ss of the Imperial Government to acquiesce in the adojjtion of a Iwstter system, as, if warranted, would render an hannonious adjustment of the different powers of the State utterly hopeless. An elective Executive Council would not only be utterly inconsistent with monarchical government, but would really, under the nominal authority of the Crown, deprive the community of one of the great advantages of an hereditary monarchy. Every puriK)se of jwpular control might be combined with every advantage of vesting the immediate choice of Jidvisers in the ('rown, were the Colonial Governor to be instructed to secure the CO- )peration of the Assembly in his policy, by intrusting its administration to such men as could command a majority ; and if he were given to understand that he need count on no aid from home in any difference with the Assem- bly, that should not directly involve the relations between tlie Mother Country and the colony. This change might be effected by a single despatch i contain- ing such instructions ; or if any legal enactment were requisite, it would only be one that would render it necessary that the official acts of the Governor should be countersigned by some i)ublic functionary. This would induce responsibility for every act of the Government, and, as a natural consequence, it would necessitate the substitution of a system of administration, by means of competent heads of departments, for the present rude machinery of an Exe- cutive Council. '■* The Governor, it he wished to retain advisers not jjossessing 1 See despatches of Lord John Kussell to Lord Sydenham (pp. 299-:)02 below). 2 In a previous part of his report, Lord Durham gives this description of the GxeoutWe Council (p. 39): " It is a body of which the constitution somewhat reseihbTes that of the Privy Council ; it is bound by a similar oath of secresy ; it discharges in the same manner certain anomalous judicial fuuctious ; and ita 'consent and advice' are required in some cases in which the observance of that form has been thought a requisite check on the exercise of particular prerogatives mm !'•• ■''' '• Ml "I ill! ill ; If 1 i 1 i 1 :i;!; : i;::i' :'!i'i 1 ■'■'} i ! i Hi i i j 1 •■S 1 i 111 ' "m 296 APPENDIX E. the confidence of the exiHting AaHembly, might rely on the effect of an appeal to the people,* and, if unMuccessful, he might be coerced by a refunal of supplies, or his advisers might lie terrifieeiulency. It is said that it is necessary that the administration of a colony should be carrietl on by jtersons nominated without any reference to the wislies of its [leople ; that they have to carry into effect the policy, not of that people, but of the authorities at home ; and that a colony which should name all its own administrative functionaries would in fact cease to be dependent. I admit that the system which I pro|K)se would in fact place the internal government of thetty and divided communities which tht y now are. Tlie public attenti(m at home is distracted by the various iunl sometimes ccmtrary complaints of these different contiguous IVovinces. Kach now urges its demands at different times, and in somewhat different forms. and the interests which each individual complainant represents as in peril arc too petty to attract the due attention of the Empire. But if these important and extensive colonies should sjieak with one voice, if it were felt that every error of our colcmial policy must cau.se a common suffering and a connnon discontent throughout the whole wide extent of British America, thcjse coin- l>laints would n(!ver be provoked ; l)ecaus»? no authority woidd venture to run counter to the wishes of such a connnunity; ex(;ei)t on points absohitely involving the few imoerial interests which it is necessary to remove from the jurisdiction ()f coln the Report, as Appendix O.Ci. to the Council's Journals for the session of that year. it This recommendation is repeated (Ueport, p. 117) as one of the proposals to be embodied in the Act of Parliament. See the Union .\ct, imo, sci.'tioii 57 ; and the Confederation Act. section .54. \ i 11^^ y RESPONSIBLE GOVERNMENT IN CANADA. 299 2. Lord John Russell's Despatches' (a) lust rue til) nii' to Lord Si/denliam {Sefit. 7th, IS-iO). ill I i The intelligence which has readied me from I^piht Caniula makes it prob- able that you may be called upon for some explanation of the views of the Ministers of tiie Crown, on aquestitm res]K!cting which the V>\W to which I have referred, is necessarily silent. I allude to the nature and extent of the contrrj], which the jxjijular branch of the United Legislature will bt> admitted to exercise < )ver the conduct of the Exec\itive (Tovernment ; and the continuance in the [mblic service of its |)rincipal otficcrs. But it is evidently impossible to reduce into tl'.e form of a positive enactment, a constitutional principle of this nature. The importance of maintaining the utmost possible harmony lietween the policy of the Legislature and of the Executive (TOvernment, admits of no question ; and it will of course be your anxious endeavour to call to \'>ur Counsels and to employ in the public service thost; jjersons who, by their position and character, have obtained the general confidence and esteem of the inhabitants of the Province. 1 Tho text of these despatches is reprinted from a return to an address from the LeRislative Assembly of Canada to tlio (lovornor-Goiieral, liord Sydoiiliam. The return is dated, Auf»ust 17, IH^l, and the address was adopted by the Assembly on the .5th of the same month. The latter was moved by .Mr. Baldwin, seconded by Mr. Vi^er, and carried without a division. The retiuMi is printed as Appendix li.B. to tho Assembly .Journals of IHJl, the rtrst session of the first Parliament of the Province of Canada. It is worthy of note that when Lord Sydenham was asked by addross of the Legislative .Vssembly of Ui)per Canada in the session of I.s;i9 for copies of desijatches from the Imperial Government relatlns to responsible Government, he evaded the request, though those here pnnted were then in his posseBBiou. That address was adopted by tho Assembly on theJ'itU of December, 1839; on that day a despatch of the IGth of October from LorcTJohn Russell to Liout.-Governor Sir G(;ort,'o .Vrthur, doaliuK with tho tenure on which public oliicep wore held, was brought down to the .\ssembly. No reply was made to the address of the 13th of December until the 14th of .lanuary, 1H40, on which day Lord Sydenham sent a mes-'sage reKrettiuK that it was " not in his power to communi- cate to the House of Asson(l)ly any despatches on the subject referred to," and adding : " Tho Governor-General has received Her Majesty's commands to aihnin- ister the Govermnent of these Provinces in acconhmce with the well iindurstood wishes and interests of the people, and to pny to their feelinKs, as expnsssed through their representatives, the deference that is justly due to them. Tliese are the commands of Her Majesty, and these are the views with which Her ^fajosty's Government desire that the administration of these Provinces should bo con- ducted ; and it will bo the earnest and anxious desire of the Governor-General to discharge the trust committed to him, in accordance with these principles." The address to which this message was a reply had been moved by Mr. Sherwood and seconded by Mr. Rykert. a The despatch coutaiuing the " instructions" from which the above extract is taken, will be found printed in full in the Assembly .Journals of IHil. pp. .'1".)()-;RW. it was brought down in response to an addross moved by Sir .Mian McNab an) Despatch to Lord Si/denhnm (October 14th, 1839). Downing Street, 14th October, 1839. Sir, — It appears from Sir Georj^e Aithur's Despatches, that you may encounter much difficulty in subduing the excitement which prevails on the question of what is called *' Reaixjnsible Government." I have to instruct you, however, to refuse any explanation which mAy be construed to imply an acquiescence in the Petitions and Addresses uptm this subject. I cannot better commence this Despatch than by a reference to the Resolutions of both Houses of Parliament' of the 28th April and 9th May in the year 1837. The Assembly of Lower Canatla having repeatedly pressed this jjoint. Her Majesty's Confidential Advisers at that period thought it necesary not only t;srs. Bedard and Panet, would never l)e adopted or put in execution by a Ministry depending for existence on a majority led by Mr. Papineau. Nor can any one take uiwn himself to say tliat such cases will not again occur. The i)rinciple onci' sanctioned, no one can say how so")n its application might be dangerous or even dishonorable, wliile all will agree tliat to recall the power tlius conceded, would l)e imiK)ssible. While I tluis see iiiKui)erable oljjections to the adoption of the principle as it has been stated. I see little or none to the practical vimvs of Colonial (Jovern- ment recommended by Lord Durham, as I \UKlerstand them. Tlie C^ueen's Goveriunent have no desire to tliwart the Kepi-esentative Assemblies of liritish North America in tlieir measures of reform and improvement. Tliey have no 1 1 If m. ■'!i L,, il m m 1 Loi'd John Russell's information was derivecl from many desimtelies from Goveniors. and especially from ill the report presented in lH;t7 by liord (iosford, and his fellow conmiissioners, Sir Olmrlus (irey, and Sir (ieor^'e (tipps, and (2) the report submitted by Lord Durham early in IKJy. '''■;!' 302 APPENDIX K. wish to make tliiise Provinces the resource for patronage at lK)itie. Tliey are eurnesly intent on giving to the talent and character of leading jiersons in the Colonies advantages similar to tliose which talent and ciiaracter employed in the public service, obtain in the United Kingdom. Her Majesty has no desire t<) maintain any system of i)olicy among Her North American subjects which opinion condemns. In receiving tlie t^ueen's connnands, therefore, to prot<"st iigainst any declaration at variance with the honour of the Cixjwn ami the unity of the Empire, I am at the same time instructed to announce Her Majesty's gracious intention to l(M)k to the affectionate attachment of Her jjeople in North America as the l»est security for permanent dominion. It is necessary for this piniKJse, that no official misconduct should V)e screeneil by Her Majesty's Repifsentative in the Provinces, and that no private interests should l)e allowed to comi)ete with the general good. Your Excellency is fiilly in jwssession of the princijiles which have guided Her Majesty's advisers on this subject, and you nnist l)e aware that there is no surer way of earning the approbation of the (^ueen tlian by maintaining the harmony of the Executive with the Legislative authorities. While I have thus cautitmed you against any declaration from wliich dan- gerous consequences might hereafter How, and instructed you as to tiie general line of yom* conduct, it may V>e said that I iiave mtt drawn any specific line beyond which tiie power of the (Jovernor on one hand and tlie [U'ivilege of the Assembly on the other, ought not to extend. But tliis nuist be the case in any mixed (lovernment. Everv political Constitution in wlii(.'ii different biKlies share the supreme jiower, is only enabled to exist by ttie forbearance of those among whom this power is distributed. In this respect tlie examj)le of Eng- land may well 1h^ imitated. The Sovereign using the I'rerogative of the Crown to the utmost extent, and the House of Commons exerting its power of tlic pur.se to carry all its resolutions into jmmediate effect, would jiroduce c<>ii- fitsiou in the country in less than a twelve montli. So in a Ct)lony, the (gov- ernor thwarting every legitimate i)roposition of the Assembly, and the Assembly continually recurring to its power of refusing s\ipplies can but disturb all jHilitical relations, embarrass trade, and retard tlie i»rosperity of tlie people. Each must exercise a wise moderation. The (Jovernor must only oppose the wisiies of the Assembly wliere the honour of tiie Crown or the inter- ests of the Enii)ire are deeply concerned ; and the Assembly must be ready to moflify some of its measures for the sake of harmony and from a reverent attachment to tlie authority of (Jreat ih'itain. I have, etc., (Signed,) The Right Honorable C. Pori.Krr Thomson, etc. .1. RUSSELL. RESPONSIBLE GOVERNMENT IN CANADA. 303 3. Legislative Assembly Resolutions, 1841' (a) Proposed hj Hon. llohnt Bahhnn. 1. That the most important a« well aa the most undoubted of the j«>litioaI rights of the jieople of tliis Province is that of having a IVovincial Parliament for the pnjtoction of their lilxirties, for the exercise of their constitutional influ- ence over the Plxecutive Departments of their Government, and for legislation upon all matters which do not, on the grovinds (jf absolute necessity, constitu- tionally belong to the jurisdiction of the Imperial Parliament, as the para- mount authority of the Empire. 2. That the he.ad of the Provincial Executive (lovennnent of the Province boincr within the limits of his Governnii'nt, tlie representative of the Sovereign, is not constitutionally resiwnsible to anj- other than the authorities of tlie Empire. 3. That the rei)resentative of the Sovereign for the projwr conduct and efficient dis[)osal of the public business is necessarily obliged to make use of the advice and assistance of subordinate officers in the administration of his Government. 4. That in order to preserve that harmony between the different branclus of tlie Provincial Parliament which is essential to the hajipy conduct of public affairs the principal of such subordinate officers, advisers of the representative of the Sovereign, and constituting as such tlie Provincial aditiinistration under liiui as the head of the Provincial (iovernnxent, ouglit always to be men jKissesseii of the public confidence, whose opinions and jiolicy liamionizing with those <)f the re|iresentatives of the iK'ople, would atfc>rd a guarantee that the well understo(Kl wishes and interests of the i)eo{)le, which Our Gracious Sovereign has (hxjlared shall be the rule of tlie Provincial Government, will at idl times be faithfully represented to tlie head of that Government, and through him to the Sovereign and Imiierial Parliament. ill iiij «i I 11 ill liiii 1 The text of these resolutions is reprinted from the Assembly Journals of the first session of the first Parlianieiit of Caiiada. pp. 4K()-4H'2 The i)rocoilure lead- ing to their adoiition indicates a well-marked purpose. Lord Sydenham's first Executive Council was composed of Messrs. Sullivan, Dunn, Daly, Harrison, Ocdeu, Draper, Baldwin and Day. Mr. Haldwin withdrew from it, and on the Stli of August moved for the production of copiesof Lord Jolm Uussell's despatches on responsible government, and of other papers on the same subject. The order was made and the return containing these documents was on tlie 'iOtli of August laid on the table of the Assembly by Mr. tiarrison. On tlie ;ird of September Mr. Baldwin moved llie first series of resolutions here Kiven, and the second serieH were moved by Mr. Harrip*^!! asauioudnientH and adopted. It is generally admitted that Mr. Harrison's resolutions were drawn up by Lord Sydenham himself. A melancholy interest is added to these facts by the tragic end of his term of otHce. He was fatally injured on the 5th September by a fall from liis horse. Parlia- ment was prorogued by bis substitute. Gen. Clitherow, at noon on the Ibtb, and be died early on the morning of tlie following day. ::i||!i 304 APPENDIX E. 4 5. That as it is practically always optional with such advisers to continue in or retire from office at pleasure, this House has the constitutional right of holding such advisers jwlitically responsible for every act of the Provincial Government of a local character, sanctioned by such Government while such advisers continue in office. 6. That for the like reason this House has the constitutional right of holding such advisers in like manner responsible for using, while they continue in office, their best exertions to procure from the Imperial authorities the exercise of their right of dealing with such matters affecting the interests of the Pro- vince as constitutionally belong to those authorities, in the manner most con- sistent with the well understood wishes and interests of the people of this Province. (b) Proponed in amendment hij Hon. S. B. Harrison. 1. That the most imiJortant, as well as the most undoubted, of the ix)litical rights of the jwoplo of this Province is that of having a Provincial Parliament for the protection of their lilierties, for the exercise of a constitutional influence over the Executive D.i.artments of their Government, and for legislation uixjn all matters of i at V- " )vernment. 2. Tliat the iiM. ; »'ii< Executive (Tovernment of the Province Ix'ing, witliin the limits of his<'/, c nnu at, the representative of the Sovereign is respon- sible to the Imperial authority alone ; but that, nevertheless, the management of our local affai: - n' a only b ; "onducted by him, by and with the assistance, counsel and infoniiatii>ii, f su. >. uinate officers in the Province. 3. That in f)rder to preserve btiveeu tlie different branches of tlie Provincial Parliament that hannony which is essential to the peace, welfare and good Government )f the Province the chief advisers of the representative of tlie Sovereign, constituting a Provincial ivdniinistration under him, ought to be meii ixjssessed of the confidence of the rej)resentativ'es of the j)eople, thus affording a guarantee tliat the well underst'.Kxl wislies and interests of the l)eople, which our Gnxcious Sovereign has declared shall be the rule of the Provincial (jrovernnient, will, on all occasions, be faitlifully represented and advocated. 4. Tluit the peoj>le of tliis Province liave, moreover, a right to exject from such Provincial administration, th(^ exertion of their iMst endeavours that the Imperial authority, within its constitutional limits shall he exercise**^ ) ^ 6. There shall be a (General Legislature or Parliament for the federated Provinces, coini>osed of- a Legislative Council and a House of Commons. 7. For the purjjose of forming the Legislative Council, the federated Provinces shall be considered as consisting of three divisions : 1st, Upiwr Canada, 2nd, Lower Canada, 3rd, Nova Scotia, New Brunswick, and Prince Edward Island : each division witli an equal representation in the Legislative Council. 8. Upper Canada shall be represented in the Legislative Coiuicil by 24 members. Lower Canada by 24 members, and the three maritime Provinces by 24 members, of which Nova Scotia shall have 10, New Brunswick 10, and Prince Edward Island 4 memln-rs.^ 9. The Colony of Newfoundland shall be entitled to enter the proi>os«d union, with a represjaitation in tiie Legislative Council of 4 members. 10. The North-West Territory, British Columbia and Vancouver shall be admitted into the union on such temis and conditions as the Parliament of the federated Provinces shall deem equitable, and as shall receive the assent of Her Majesty ; and, in the case of the Province of British Columbia or Van- couver, as shall be agreed to by the Legislature of such Province.* 11. The members of the Legislative Council shall be appointed by the Crown under the great seal of the general government, and shall hold office during life ; if any Legislative Councillor shall, for two consecutive sessions of Parliament, fail lo give his attendance in the said C'ouncil, his seat shall then^ by become vacant. 1 In November, 1866, representatives from Canada, New Brunswick, and Nova Scotia met in London to aid in the preparation of a coufederatiuu measure for submission to tbe Imperial Parliament. As a result o* their conferences several chanKes were made in tlio text of the resolutions, amongst them the omission of these words "or representative of the Sovereign," See Gray's "Confederation," p. 38). a The words '■ the Sovereign," were here inserted at the London Conference. See Note 1 above. » On account ot the refusal of Prince Edward Island to join the Union this reso- lution was altered at the London Conference so as to give Nova Hcotia and New Brunswick 1!2 members ench, until the third Province should come in- 4 See Notes 68 and C'J, p. 'iSH above. i CONFEDERATION RESOLUTIONS. 807 12. The members of the Legislative Council shall be British subjects by birth or naturalization, of the full age of thirty years, shall possess a continuous real property qualification of four thousand dollars over and above all incum- brances, and shall be and continue worth that sum over and above their debts and liabilities, but in the case of Newfoundland and Prince Edward Island the property may be either real or personal. > 13. If any question shall arise as to the qualification of a Legislative Ooun- cillor, the same shall be determined by the Council. 14. The first selection of the members of the Legislative Council shall be made, except as regards Prince Edward Island, from the Legislative Councils of the various Provinces, so far as a sufficient number be found qualified and willing to serve ; such members shall be appointed by the Crown at the recom- mendation of the general executive Government, upon the nomination cf the respective local Governments, and in such nomination due regard shall be had to the claims of the members of the Legislative Council of the opposition in each Provini:;e, so that all political parties may as nearly as possible be fairly represented. 15. The Speaker of the Legislative Council (unless otherwise provided by Parliament) shall be appointed by the Crown from among the members of the Legislative Council, and shall hold office during pleasure, and shall only be entitled to a casting vote on an equality of votes. 16. Each of the twenty-four Legislative Councillors representing Lower Canada in the Legislative Council of the general Legislature, shall be ap- pointed to represent 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 qualification in the division he is ap- pointed to represent. 17. The basis of representation in the House of Commons shall be popula- tion, as determined by the official census every ten years ; and the number of members at first shall be 194, distributed as follows : — Upper Canada 82 Lower Canada 65 Nova Scotia 19 New Brunswick 15 Newfoundland 8 Prince Edward Island 5 18. Until the official census of 1871 has been made up, there shall be no change in the number of representatives from the several sections. 1 In the conference of delegates at London (Note 1, p. 306) the twelfth resolution was changed so as to make the necessary qualifications of a senator embrace both a continuous property possession and continuous residence in the Province for which he was appointed, except in case of an official residence at the Capital (Gray's " Confederation," p. 385). a Of 1859. H.C.O. 20 i i i IM 3 t h'ii If \ I ji s k 1 808 APPENDIX P. i li^ 19. Immediately after the completion of the census of 1871, and immediately after every decennial census thereafter, the representation from each section in the House of Commons shall be readjusted on the basis of population. 20. For the purpose of such re-adjustments, Lower Canada shall always b(i assigned sixty-five members, and each of the other sections shall at each rcv adjustment receive, for the ten years then next succeeding, the number of members to which it will be entitled on the same ratio of representation to population as Lower Canada will enjoy according to the census last taken by having sixty-five members. 21. No reduction shall be made in the number of members returned by any section, u'^less its population shall have decreased, relatively to the iwpulation of the whole union, to the extent of five per centum. 22. In computing at each decennial period the number of members to which each section is entitled, no fractional parts shall be considered, unless when exceeding one-half the number entitling to a member, in which case a mem- ber shall be given for each such fractional part. 23. The Legislature of each Province shall divide such Province into the proper number of constituencies, and define the boundaries of each of them. 24. The local Legislature of each Province may, from time to time, alter tlie ''-.ctoral districts for the purposes of representation in such local Lsgislature, and distribute the representatives to which the Province is entitled in such, local Legislature, in any manner such Legislature may see fit.i 25. The number of members may at any time be increased by the general Parliament, — regard being had to the proportionate rights then existing. 26. Until provisions are made by the General Parliament, all the laws which, at the date of the proclamation constituting the union, are in force in the Provinces respectively, relating to the qualification and disqualification 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 disqualification 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 elections may be continued, — and relating to the trial of controverted elections, and the proceedings incident thereto, — and relating to the vacating of seats of members, and to the issuing and execution of new writs, in case of any seat being vacated otherwise than by a dissolution, — shall respectively apply to elections of members to serve in the House of Commons, for places situate in those Provinces respectively. 1 The twenty-third and twenty-fourth resolutions were omitted at the London Conference. (Bee Note 1, p. 306.) The text of the twenty-fourth as given in Gray's "Confederation," p. 69, differs materially from the one given above ; it is as f oHows : " The local Legislature of each Province may from time to time alter the electoral distriota for the purposes of representation in the House of Commons, and dis- tribute the representatives to wnioh the Province is entitled in any manner such Legislature may think fit." CONFEDERATION RESOLUTIONS. 809^ 27. Every House of Commons shall continue for five years from the daygi the return of the writs choosing the same, and no longer ; subject, nevc/the* less, to be sooner prorogued or dissolved by the Governor. 28. There shall be a session of the general Parliament once, at least, in «very year, so that a period of twelve calendar months shall not intervene between the last sitting of the general Parliament in one session, and the first sitting thereof in ^he next session. 29. The general Parliament shall have power to make laws for the peace, welfare, and good government of the federated provinces (saving the sovereignty of England), and especially laws respecting the following sub- jects : — (1) The public debt and property. (2) The regulation of trade and commerce. (3) The imposition or regulation of duties of customs on imports and exports, — except on exports of timber, logs, masts, spars, deals and sawn lumber from New Biiinswick, and of coal and other minerals from Nova Scotia. ^ (4) The imposition or regulation of excise duties. <5) The raising of money by all or any other modes or systems of taxa- tion. {6) The borrowing 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 and other countries. ^10) Telegraphic coL^.munication and the incorporation of telegraphic com- panies. <11) All such works as shall, although lying wholly within any Province be specially declared by the Acts authorizing them to be for the general advantage. <12) The census. <13) Militia— military and noA-al service and defence. (14) Beacons, buoys and light houses. (16) Navigation and shipping. (IG) Quarantine. (17) Sea-coast and inland fisheries. (18) Ferries between any province and a foreign country, or between any two provinces. 1 The words " from New Brunswick," and " from Nova Sootia." are omitted in Gray's text. I III ! iiijii m 1 1 I liii m iil i 910 APPENDIX F. M *w4. ;v I* ■• -Hi (19) Currency and coinaffe. (20) Bankings — incorporation of banks, and the issue of paper money. (21) Savings banks. (22) Weights and measures. (23) Bills of exchange and promissory notes. (24) Interest. (26) Legal tender. (26) Bankruptcy and insolvency. (27) Patents of invention and discovery. (28) Copyrights. (29) Indians and lands reserved for the Indians. (30) Naturalization and aliens. (31) Marriage and divorce.^ (32) The criminal law, excepting the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters. (33) Rendering uniform all or any of the laws relivtive to property and civil rights in Upper 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 this purpose shall have no force or authority in any Province until sanc- tioned by the Legislature thereof.* (34) The establishment of a general Court of Appeal for the federated Provinces. (35) Immigration. (36) Agriculture. (37) And generally respecting all matters of a general character, not specially and exclusively reserved for the local Governments and Legislatures. 30. The general Grovemment and Parliament shall have all powers necessary or proper for performing the obligations rt of timber, logs, masts, spars, deals and sawn lumber ; and in Nova Scotia, on coals and other minerals.* (2) Borrowing money on the credit of the Province. (8) The establishment and tenure of local offices, and the appointment and payment of local officers. (4) Agnnoulture. (6) Immigration. (6) Education ; saving the rights and privileges which the Protestant or Catholic minority in both Canadas may possess as to their denomina- tional schools, at the time when the union goes into operation.^ (7) The sale and management of public lands excepting lands belonging to th« general Government. (8) Sea-coast and inland fisheries. ^ (9) The establishment, maintenance and management of penitentiaries,* and of public and reformatory prisons. (10) The establishment, maintenance and management of hospitals, asylums, charities, and eleemosynary institutions. (11) Municipal institutions. (12) Shop, saloon, tavern, auctioneer and other licenses. (13) Local works. (14) The incorporation of private or local companies, except such as relate to matters assigned to the general Parliament. (15) Property and civil rights, excepting those portions thereof assigned to the general Parliament. (16) Inflicting jjunishment by fine, {jenalties, imprisonment or otherwise, for the breach of laws passed in relation to any subject within their jurisdiction. (17) The administration of justice, including the constitution, mainte- nance and organization of the courts, — both of civil and criminal jurisdiction, and including also the procedure in civil matters. (18) And generally all matters of a private or local nature, not assigned to the general Parliament. 1 In Oray'fl text this sub-section reads : " Direct taxation, and the imposition of duties ou ex()ort of timber, logs, masts, spars, deals, and sawn lumber, and of coals and other nnnerals." a The saving provision here applied to " both Canadas " was at the London Con- ference extended to miuorities having in any Province, when the Union went into operation, legal rights or privileges as to denominational schools. It was at the same time further provided that " in any Province where a system of separate or dissentient schools by law obtains, or where the local Legislature maylieroafter adopt a system of separate or dissentient schools, an appeal shall be to the Governor-Oeueral-in-Council of the general government from the acts and decisions of the local authorities, which may afifeot the rights or privileges of the Protestant or Catholic minority in the matter of education, and the general Parliament shall have power in the last resort to legislate on thn subject." 8 This Bub-section was omitted at the London Conference. Bee Note 1, p. 306. * " Penitentaries " were at the London Conference transferred by resolution to the jurisdiction of the general Parliament. COMFEDEBATION BE80LUTI0N8. 818 44. The power of respiting, reprieving, and pardoning prisoners convicted of crimes, and of commuting and remitting of sentences in whole or in part which belongs of right to the 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. HI80ELLANEOUS. 45. In regard to all subjects over which jurisdiction belongs to both the -general and local Legislatures, the laws of the general Parliament shall con- trol and supersede those made by the local Legislature, and the latter shall be void so far as they are repugnant 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 proi)erty belonging to the general or local Governments shall be liable to taxation. 48. All bills for appropriating any part of the public revenue, or for imposing any new tax or imi)08t, 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 puriM)8e, not first recommended by message of the Governor General or the Lieutenant Gover- nor, as the nase may be, during the session in which such vote, resolution, address or bill is passed. 50. Any bill of the 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 consideration of the Governor General. 51. Any bill passed by the general Parliament shall be subject to disallow- ance by Her Majesty witliin two years, as in the case of bills passed by the Legislatures of the said provinces liitherto; and, in like manner, any bill passed by a local Legislature shall be subject to disallowance by the Governor general within one year after the passing thereof. 52. The seat of Government of the federated Provinces shall be Ottawa, subject to the Royal Prerogative. 1 By resolution of the London Conference this prerogative of pardon was restricted to cases not " capital." See Note 1, p. 30G. I! 814 APPENDIX F. 53. Subject to any future action of the respective local Grovemments, 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 LIABILITIES. 'X 'I I*. ■ I m iA SV i t% 54. All stocks, cash, bankers' balances and securities ff>r money belonging to each Province at the time of the Union, except as hereinafter mentioned, shall belong to the general Government. 55. The following public works and property of each Province shall belong to the general Government, to wit : — (1) Canals. (2) Public harbours. (3) Light houses and piers. (4) Steamboats, dredges and public vessels. (5) River and lake improvements. (6) Railway and railway stocks, mortgages and other debts due by railway companies. (7) Military roads. (8) Custom houses, post offices and other public buildings, except such as may be set aside by the general Government for the use of the local Legislatures and Governments. (9) Property transferred by the Imperial Government and known as ordnance proijerty. (10) Armories, drill sheds, military clothing and munitions of war ; and (11) Lands set apart for public purixises. 56. All lands, mines, minerals and roj'alties 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 territory in which the same are so situate ; subject to any trusts that may exist in resiiect to any of such lands or to any interest of other persons in reH{)ect of the same. 57. All sums due from purchasers or lessees of such lands, mines or minerals at the time of the union, sliall also belong to the local Governments. 58. All assets connected with such ixjrtions of the public debt of any Province as are assumed by the local Governments shall also belong to those Governments respectively. 59. The s«weral Provinces shall retain all other public property therein, subject to the right of the general Government to assume any lands or publio property required for fortifications or the defence of the country. CONFEDERATION RESOLUTIONS. 815 60. The general govenunent 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 exceed, at the time of the union, $G2,.500,000 ; Mova Scotia shall enter the union with a debt not exceeding $8,000,000 ; and New Brunswick with a debt not exceeding $7,000,000. 62. In case Nova Scotia or New Brunswick do not incur liabilities beyond 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 resi)ectively, they shall be entitled to interest at five 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 powers given to the respective Governments of those Provinces, by Legis- lative authority, but only to limit the maximum amount of charge to be assumed by the general Government ; provided always, that the powers so conferred by the respective Legislatures shall be exercised within five years from this date, or the same shall then lapse. 63. Newfoundland and Prince 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 difference 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 Parliament of the powers of taxation, an annual grant in aid of each Province shall be made, equal to eighty cents per head of the population, as established by the census of 1861 ; the population of Newfoundland being estimated at 130,000. Such aid shall be in full settlement of all future demands upon the general Government for local purposes, and shall be paid half-yearly in advance to each Province.^ 65. The position of New Brunswick being such as to entail large immediate charges upon her local revenues, it is agreed that for the i)eriod 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 equal to tlie interest on such deficiency shall be made from the $63,000. 66. In consideration of the surrender to the general Government, by New- foundland, of all its rights in mines and minerals, and of all the ungranted and unoccupied lands of the Crown, it is agreed that the sum of $150,000 shall each year be paid to that Province, by semi-annual payments ; x)rovided that I At the London Conference 'See Note 1, p. 306) " an increased subsidy, in addition to the HO oeuts per head, of iJtHO.OOO. i»70,00(), ^(60,000 and #50,000 was made severally to Upper Canada, Lower Canada, Nova Beotia, and New Urunswick, and the capitation subsidy of 80 cents in both New Brunswick and Nova Bootia ex- tended until the population reached 400,000." (Qray's " Confederation," p. 386) 816 APPENDIX F. bl" r%' that Colony shall retain the right of openinff, oonatruoting and contmlling- roads and bridges through any of the said lands, subject to any laws which the general Parliament may pass in respect of the same.^ 67. All engagements that may, before the union, be antered into with the Imperial Grovemment for the defence of the country, shall be assumed by the general Grovemment. 68. The general Government shall secure, without delay, the completion of the Intercolonial Railway from Riviere du Loup, through New Brunswick, to Truro in Nova Scotia.'* 69. The communications with the North-Western Territory, and the im- provements required for the development of the trade of the great west with the seaboard, are regarded by this conference 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 signa- tures of the delegates, and submitted by each delegation to its own Govern- ment; and the Chairman is authorized to submit a copy to the Governor General for transmission to the Secretary of State for the Colonies. 1 For the " statement and figures " used in the Quebec Conference as a means of arriviug at the financial settlenieut contained in resolutions 54 to 66 inclusive, see Appendix to Gray's " Confederation," pp. 398-105. 2 The delegates to the London Conference agreed with the Imperial Government as to the terms on which a loan to the United Provinces of f :i.000,000 stg. for the construction of the Intercolonial Railway should be guaranteed. In 1867, these terms were embodied in an Act of the Imperial Parliament (30 & 31 Vict. cap. 16). |4. ,f. UNITED STATES CONSTITUTION. 317 APPENDIX G. !», CONSTITUTION* OF THE UNITED STATES OF AMERICA. We the people of the United States, in order to form a more perfect union,, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Represent tatives. Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 1 This document^lB re-printed from the text in the " History of the origin, for- mation, and adoption of the Constitution of the United States,'' by George Ticknor Curtis; but it has been carefully compared with several other texts, and especially with the official one contained in Poore's "Federal and State constitutions, colonial charters, and other organic laws of the United States." Curtis states that bis text " has been compared with the Rolls in the Department of State." It is the third great national document in the evolution of the United States, the first being the " Declaration of Independence " of July 4, 1776, and the second the " Articles or Confederation " of July 9, 1778. All three documents were prepared and prociul- gated at Philadelphia, the date of the Constitution being Hopteniber 17, 1787. The listory by Curtis above mentioned is still one of the best sources of information on the subject, and another is Bancroft's "History of the Constitution," which has been re-printed as vol vi. of the edition of his " History of the United States," published in 1886. A useful re-print of the Constitution will be found appended to Von Hoist's " Constitutional Law of the United States," with references to the pages of the treatise on which the various topics are discussed, and to the author's great work on the history of the Constitution. Story's " Commentaries on the onstitution," Cooley's " Principles of Constitutional Law " and his " Constitu- tional Limitations," and Kent's "Constitutional Jurisprudence "(re-printed in 1889 as part of the " Blackstone " edition of his " Commentaries on American Law") are classical expositions of the law of the Constitution. Its practical operation has been described in Wilson's "Congressional Qovernment," Von Hoist's "Constitutional History," and Biyce's " American Commonwealth." \ 318 APPRNDIZ O. f '"^ v! Representatives and direct taxes shall be apportioned among the several States which may be incfuded^wTlhin this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. ^ The actual enumeration shall be made within three 3'ears after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Represen- tative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five. New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five, South Carolina five, and Greorgia three. ^ When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall chuse their Speaker^ and other officers ; And shall have the sole power of impeachment. Section 3. The Senate of the United States shall be composed of two Sena- tors from each State, chosen by the Legislature thereof, for six years ; and «ach Senator shall have one vote. Immediately after they shall be assembled in consequence of the first elec- tion, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State^ the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. No iierson shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 1 The " other persons " here implied were the slaves. Compare the fourteenth amendment (p. 3:31 below) with this part of the above sentence : " Which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons." 3 The 05 members allowed to the first Congress became 105 after the first census was taken, while the unit of representation rose from 30,000 to 33,000 at the same time. 8 The law of the Constitution is silent as to the powers of the Speaker of the House of Kepresentatives. As to the functions assigned to him in practice see Gushiug's " Law and Practice of Legislative Assemblies," Wilson's "Congressional Ooverument " (chapter ii), and several articles in the Iforth American Beview for 1890. > ■'■ UNITED STATES CONSTITUTION. 819 The Senate ahall ohuse their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.^ The Senate shall hare the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affiimation. When the President of the United States is tried, the Chief Justice shall preside : And no person shall be convicted without the concurrence of two-thirds of the members present.^ Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Section 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof ; but the Congress may at any time by law make or alter such regu- lations, except as to the places of chusing Senators. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in Decembt^r, unless they shall by law ap{)oint a different day. Section 5. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy, and the yeas and nays of the members of either House on any ques- tion shall, at the desire of one-fifth of those present, be entered on the journal. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. \ii I It has become tbe custom for the Vice-PreBideut to allow the Senate before the close of each session to appoint a presideut pro tempore, so that the organiza- tion of that body may not be affected during the recess by the death of either the President or the Vice-President. a There have been five impeachments under the joint authority of this sub- section and the 'last sub-section of section 2, namely: (l)Of Senator William Blount, in 1799; (3) of Judge John Pickering, in lb03 ; (3) of Judge Samuel Chase, in 1604; (4) of Judge James H. Peck, in 1H3U; and ^5) of President Andrew Johnson, in 186H. In the last case, the only one of impeachment of a President, Chief Justice Obase presided. A good account of the proceedings is to be found in Blaine's " Twenty Years of Congress," vol. II, chapter XIV., and in McCulloch's " Men and Measures of Half a Ceutury," chapter XXVI. The vote stood 35 for oouviction, and 19 for acquittal. 820 APPENDIX a. Saotloii 6. The Senators and Representatives shall receive a oonipensation for their services, to be ascertained by law, and paid out of the treasury of the United States.^ They shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going and returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. No Senator or Representative shall, during the time for which he wafa elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been in- creased during such time ; and no person holding any office under the United States, shall be a member of either house during his continuance in office.' Section 7. All bills for raising revenue shall originate in the House of Rep- resentatives ; but the Senate may propose or concur with amendments as on other bills. ^ Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes law, be presented to the President of the United States ; if he approve he shall sign it, but if not he shall return* it, with his objec- tions to that House in which it shall have originated, who shall enter the objec- tions at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall like- wise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjourn- ment) shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, According to the rules and limitations prescribed in the case of a bill. 1 Since July, 1866, tbe salary of a member of Congress has been $5,000 a year, except for a few months in 1873-74 when it was raised to $7,500. Public indignation caused a return almost immediately to tbe former amount. Each member is allowed 20 cents a mile for the journey to and from Washington. a Compare this provision with sections 11, 41, 63, 64, 84, and 88 of tbe Confedera- tion Act, 1867, and the documents in Appendix E, relating to responsible govern- ment (pp. 293-304 above). 8 Under cover of the term " raisins revenue," tbe House of Representatives has suooesBf ully asserted its exclusive rignt to initiate proposals to spend money. 4 The word " veto," popularly used in connection with the President's action here speoifled, nowhere occurs in the constitution, and does not correctly describe his functions in the matter. UNITED STATES CONSTITUTION. 821 Bsotton 8. The Congpress ahall have power^ to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States ; but all duties, imposts and excises shall be uniform throuf^hout the United States ; To borrow money on the credit of the United States ; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; To establish an uniform rule of naturalization,^ and uniform laws on the sub- ject of bankruptcies throughout the United States ; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ; To provide for the punishment of counterfeiting the securities and current coin of the United States ; To establish post otfioes and post roads ; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings^ and discoveries^ ; To constitute tribunals inferior to the Supreme Court ; To define and punish piracies and felonies committed on the high seas, and offences against the laws of nations ; To declare war, grant letters of marque and reprisal, and make rules con- cerning captures on land and water ; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years'^ ; To provide and maintain a navy ; To make rules for the government and regulation of the land and naval forces ; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions ; To provide for organizing, arming, and disciplining the militia, and for govern- ing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress ; To exercise exclusive legislation in all cases whatsoever, over such district^ (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United 1 For an account of the manner in which this power has been exercised see Bolles' "Financial History of the United States "and Sumner's "History of American Currency." a See Morse's " Treatise on Citizenship," and Sir Alexander Cockburn's " Nationality," B See Morgan's " Law of Literature." 4 See Walker's " Patent Laws of the United States," edition of 1889. s Compare the statute passed annually by the British Parliament under the title of " An Act to provide, during twelve months for the discipline and regulation of the army." 6 The District of Columbia, chosen for this purpose in June, 1790, belonged to Maryland and Virginia, 64 square miles having been ceded by the former and 36 by the latter. is; P\ m ii; 822 APPENDIX O. m m States, and to exercise like authority over all places purchased by the oouent of the legislature of the State in which the same shall be, for the erection of forts, n.:igazines, arsenals, dock-yards, and other needful buildings ; — and To make all laws which shall be necessary and proper for carrying into exe- cution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. Section 9. The migration or importation of suoh persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each ijerson.^ The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation, or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any State. ^ No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another : nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. No money shall be drawn from the Treasury, but in consequence of appro- priations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States : and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. Section 10. No State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exirorts, except what may be absolutely necessary for exe- cuting its inspection laws : and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject tc the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. 1 In the Convention which framed the Constitution a keen discussion took place on this sub-Bectioa, the first of mauy discussions on the question of slavery. a Inserted in compliance with the demand of the delegates from the South as a measure of protection against adverse fiscal legislation. ^ UNITED STATK8 CONSTITUTION. 323 or exe- aid the itiol age, or iless ilaoe as a ARTICLK II. Section 1. The executive iH)Wer «hall Im vested in Ji President of the Unitt-tl States of America. He shall hold his office (hiring the tenn' of fonr yeuni, and, together with the Vice-Presiilent, chosen for the same tenn, be elected, as follows : — Each State shall a|))N>int, in such manner as the Legislature thereof may direct, anuml)er of Electors, equal to the whole number of Senators and Repre- sentatives to which the State may be entitled in the Congress : but no Senator or Representative, or Person holding an office of trust or pnifit imder the United States, shall be ap|K>inted an Elector. The Electors shall meet in their resjK-ctive States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the jwrsons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the Pre- sident of the Senate. The President of the Senate shall, in the i)resence of the Senate and House of Re[)re8entatives, oiK-n all certificates, and the votes shall then be counted. The |)erson having the greatest numb«'r of votes shall be the President, if such number be a majority of the whole number of Electors apiK)inted ; and if there be more than one who have such majority and have an equal number of votes, then the House of Representatives shall immetliately chuse by ballot one of them for President ; and if no i>erson have a majority, then from the five highest on the list the said house shall in like manner chuse the President. But in chusing the President, the votes shall be taken by States, the representation from each State haviitg one vcjte ; a quorum for this puriKtse shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall chuse from them by ballot the Vice-President.'* The Congress may determine the time of chusing the Electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. No i)er8on except a natural bom citizen, or a citizen of the United States at tlie time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any jierson be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the President fnnn office, or of his death, resigna- tion, or inability to discharge the ix)wers and auties of the said office, the same 1 For legislation fixing the beginning and end of the presideutixl term, tlie salaries of President and Vice-President, the time for the choice of electors, their number, the manner of filling vacancies, etc., see the Revised Statutes of the United States. 2 This sub-section was subsequently repealed and replaced by Article XII. of the- amendments to the Constitution (p. 329 below). H.C.O. 21 824 APPENDIX G. shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of tlie President and Vice-President, declaring what officer sliall tlwn act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.' The President shall, at stated times, receive for his services, a nom|>ensation, which shall neither be increased nor diminisht-d during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the following oath or affirmation : — " I do solemnly swear (or affirm) that I will faithfully execute the office of " President of the United States, and will to the best of my ability, preserve, " protect iind defend the Constitution of the United States." Section 2. The President shall be Commander in chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive Dei)artments, uixjn any subject relating to the duties of their n'S])ective offices, and he shall have power to grant rei>rieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with tlie advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint. Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States, whose aptx>int- ments are not herein otherwise provided for, and which shall be established by law : but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of Departments. The President shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. Section 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive Ambassadors and other >ubl' Ministers ; he shall take care that the laws be faithfully executed .A commission all the officers of the United States. 1 It has been provided by Act of Congress that in the last resort the Speaker o; the House of Representatives shall assume the duties of President, until a new President is elected. UNITED STATES CONSTITUTION. 825 Section 4 The President, Vioe-PreHident and all civil uffioera uf the United States, shall be removed from office on imiteachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.^ (I ARTICLE III. Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may fn)m time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their »erviceH a compensation which shall not be diminished during their cimtinuance in office.'^ Section 2. The judicial power shall extend to all cases, in law and equity, made, arising under this Constitution, the law.s of the United States, and treaties or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. In all cases affecting ambacr;aiiors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court sliall have appellate jurisdiction, both as to law and fact ; with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of imi)eachment, shall be by jury ; and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or on confession in oi)en court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted. \\l 1 See Note 2, p. 310 above. 2 In addition to the works enumerated in Note 1, p. 317 above, the student may usefully consult a mouof^raph on " The Supreme Court of the United States," one of the John Hopkins historical studies, by W. W. Willoughby ; and also " Con- stitutional History as seen in American Law," a course of lectures delivered by Judge Cooley and others before the Political Science Association of the University of Michigan, 1889. See also Curtis' " Jurisdiction, Practice, and Peculiar Juris- prudei e of the Courts of the United States." ll III 326 APPENDIX O. ARTICLE IV. Section 1. Full faith and crtHlit shall be fjisfn in each State to the public acts^ records, and judicial |)r(>o»'t'dingH of every other State. And the Congn"(M niny by general laws prescribe the manner in which such acts, records and proceed- ings shall be proved, and the effect thereof. Section 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. A per8r)n chargetl in any State with treason, felony, or t, to l>e removed to the State having jurisdiction of the crime. No jierscm held to service* or labor in one State, \mder the laws thereof, escaping into another, shall, in consequence of any law or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom sucli service or labor may lie due. Section 3. New States may lie admitted by the Comrress into this ITnion ; but no new State shall bt* fonned or erected within the jurisdiction of any other State ; nor any State Ik- formed by the junction of two or more States, or parts of States, without the cH of the lJniteropose anu^ndments to this Constitution, or, on tl'j application of the Legislatures of t-vo-thiitls of the several States, shall call a Convention for pro- |K)sing amendments, wiiich in either civse, shall be valid to all intents and pur|)ose8, as part of this Cimstitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths ther»'of, as the one or the other mode t)f ratification nuvy be pro|)osed by the Congress ; provided that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and 1 The term " service " in this sub-section was, according to Madison, Bubstitutod for ** servitude" in the original draft. UNITED STATES CONSTITUTION. 327 fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. * ARTICLE VI. All debts contracted and engagements entered into, liefore the adoptirm of this Constitution, shall be as valid against the United States under this Con- stitution, as under the Confederation. This Constitution, and the laws of the I'nited Stiites which shall be made in pursuance thereof, and all treaties made, or which shall l)e nuule, under the authority of the United States, sliall bt- the supn-me law of tlie land ; and the judges in every State shall lie bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The Senatnrs .and Representatives Infore mentioned, and the memlnTs of the several State Legislatures, and all e.Necutive and judicial oflicers, Ixjth of the United States and of the several States, shall b«' bound by oath or affirma- tion, to sup|Mirt this Constitution ; but no religious test sliall ever l»e retpiired as a qualification to any ottice or public trust under the I' nited Stat< ARTICLE VII. The ratification of the con 'entions of nine States shall l)e sutticient for the ^establishment of this Constitution between the States so ratifying the same." Done in Convention by the unanimous consent of the States |)rest'nt the seven- teenth day of September in the year of our Lord one tliouN'aiid seven lumdred and eiifhty-seven* and of tlie indepi-ndence of the United States of America the twelfth. In witness wliereof we iiave hereunto subscribed our names. •• GO. \VASIIIX(iT()\- Pirsiilt It ml ill /mil/ fnmi Vinjinia. 1 Randolph and Mason, of VirKOiia, and Gerry of Massnclinsetts, refused to sign tbe Constitution because no provision was made for allnwinu State Conventions to olTer amendments wliici) slioiild be Kul)iiiitti>d to and tiually y anotlier general Convention, l)ofore tlie Constitution was adopted. L'lider this article as it stands tlie first Congress, on tlie 25th of Heptember, 17 W, proposed to the Legisla- tures of the several states the first ten of tlie " AnieiidiiieiitK " given be.ow, which were ratitled by more than the iiecessary threo-fouths of the States. The other Ave aiiiendiiieiits were adopted at later dates. Hee Notes ou pi*. '.ViS-'XVl below. 'J The date fixed for the beginning of the operations of (Toveriimeiit under the new Constitution was March 4, IVW.i, and l)y that day it hail been ratified by Con- ventions chosen for that pur)ioHe in Delaware, Pennsylvania, New Jersey, (Jeorgia, Connecticut, Massachusetts, Maryhind, South C'aroliiia, New Hampshire, Virginia, and New York. This was two stiUen more than the necessary miiiiber, and North Carolina and Rhode Island, all that were left of the original i:i, ratitied it a few months afterwards. Veimont, after having in ('onvoiitioii ratified the Constitu- tion, was in 1791, by Act of Congress, admitted into the Union "as a new mid entire member of "the United .states." The old Congress in Kepteniber, 17NH, declared that tiie Constitution had been duly ratified, and set dates for the 'election of President and the assembling of the'first Constitutional Congress. ii The Convention on the same date drew up resolutions intimating to CongresB the mode in which the new constitutional machinery should be put in operation. < The ConBtltution was signed by :t8 " deputies" besides vVashiiigton, and by the Secretary as a witness. At Fraiiklin's suggestion tliu formula of subscription adopted was that the Constitution had received " the unanimoiiB consent of the Ktates present." Hamilton wrote the names of the States in geographical order on the parchment, but his own signature was inserted in a peculiar way. Curtis in his " History of the Constitution" says that " Ndw York was not regarded as officially present ; but in order that the' proceedings might have all the weight that a name of so much importance could give to them, in the place that should have been filled by this State was recited the name of 'Mr. Hamilton of New York.' " II 828 APPENDIX O. AMENDMENTS > OF THE CONSTITUTION. ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ; or abridg^ing the freedom of speech, or of the press ; or the right of the people )x$aceably to assemble, and to petition the Government for a redress of grievances. ^ ARTICLE IL A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. ARTICLE IIL No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. The right of the |)eoplo to l)e secure in their iHjrsons, liouses, pai)ers, and effects, against unrc (vsonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affir- mation, and particularly describing the place tu be searched, and the {lersons or things to be seized. ARTICLE V. No person shall be held to answer for a capital, or otherwise infamouii crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any jjerson be subject for the same offence to b*i twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to lie a witness against himself, nor be deprived of life, liberty, or prviperty, w' .-nout due process of law ; nor shall private projierty be taken for public use, without just compensation. 1 The ofllcial title of this dncument is " Articles in addition to, and amendment of, the « onstitution of thu United States of America, proposed by CongresB, and ratified hy tlie LoKlslatures of tlie several states, pursuant to ttie 'fttth Article of the oriKUial Constitution." ti Tlie first ten of these Articles were " prooosed " l)y the first Congress in 1789, and were between that year and 1791 ratified by tlio following Htixtes : New Jersey, Maryland, Nortli Carolina, Houth Carolina, New Hauiiishire, Delaware, Penn- Blyvania, New York, Hliode Island, Vermont, and Virginia. PooreC Federal and States Constitutions ') states that " there is no evidence on the journals of Con- gress that the Legislatures of Connectiout, Oeorgia. and Massachusetts ratified them." Home of thu anieudmeiits were siiugested by States which would have pre- ferred t3 modify pnrts of the original Constitution had it been open to them to dOBO. UNITED STATES CONSTITUTION. 829 ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previouiily ascertained by law, and to be informed of the nature and cause of the accusa- tion ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. ARTICLE VIL In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not he required, nor excessive fines imposed, nor cruel and unusual punishments inflicted . ARTICLE IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny ur disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XL The judicial power of the United States shall not be construete8 for Presi- dent, shall be the President, if such number be a majority of the whole number of electors ap{xiinted ; and if no |)erson have such majority, then 1 The eleventh amendment was " proposed" by the third ConKresn to the State LeRislatureB in 1794. Three-fourths of the states ratified it between that year and 1708. 330 APPENDIX a. from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this pur|H)se shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choone a President whenever the right of choice shall devolve ujion them, before the fourth day of March, next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such numlxT be a majority of the whole number of electors appointed ; and if no ])ers(>n have a majority, then from tlie two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the pur|X)se shall consist of two-thinis of the whole numl)er of Senators, and a majority of the whole number shall l>e necessary to a choice. But no jjerson constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ^ ARTICLE XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall liave been duly c(jnvicted, shall exist within the United States, or any place subject to their jurisdiction. SecUon 2. Congress shall have jwwer to enforce this article by appropriate legislation.^ 1 The twelfth s^mendment was proposed by the eighth Congress in 1803, and in 1(SU4 was declared to have been ratified by ail the states except New Hampshire, Massachusotts, Conuecticut, and Delaware. It took the placeuf the original third sub-section of the Urst seutiou of Article II. (p. 323 above). Under that sub-section each " elector" was required to vote for two persons without designating theiu as " President" and "Vice-President" respectively, the candidate receivingthe largest ii.iiiiber of votes, if that were a majority of the whole, to be President, and the can- didate receiving the next largest to be Vice-President. In 1800 Thomas Jetferson cud Aaron Uurr, the candidates of what was then called the "Republican" party, received 73 electoral votes each, and John Adams 65. Jefferson had been his party s candidate for the Presidency, !>ut his political opponents endeavoured to defeat him by voting for Burr in the House of Uepreseutatives, which had the election in its hands. Thirty-six ballots were taken before this scheme was finally defeated and .fefferson elected, and the twelfth amendment was adopted to prevent the recurrence of so dangerous a crisis. The Hayes-Tildon contest in 187U developed a crisis of a different kind, which was met by a temporary device instead of a coujstitutional amendment (see McOulloch's " Men and Measures of Half a Cen- tury," chap, xxvi.; and Blaine's " Twenty Years of Congress," chap. xxv). •i The thirteenth amendment was " proposed " early in 1«65 by the thirty-eighth Congress, and before the end of that year was officially declared to have been ratitted by 27 of the then 30 states, namely: Illinois, Rhode Island. Michigan, Maryland, New York, West Virginia. Maine, Kansas, Massachusetts, Pensylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, Houth Carolina, Alabama, North Caroluia, and Georgia. The States of New Jersey, Oregon, Cali- fornia, Iowa, and Florida ratifted the amendment after the offloiaf declaration of its adoption. Mississippi, Kentucky, Delaware, and Texas took no action. This amendment was the natural sequel to President Lincoln's " Emancipation Pro- clamation," which was issued on the 22nd of September, 1802, to take effect a hundred days later, on the first of January, 1863. For a full account of the Con- Rreasional proceedings connected with the amendment see Blaine's " Twenty Years of Cougreas " (vol. I., chapters xxiv.-xxv,). ■nHnaM UNITED 9TATE8 CONSTITUTION. 381 ARTICLE XIV. Beotlon 1. All persunH bom or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any jierson of life, liberty, or proiwrty, without due process of law ; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall l)eapiK)rtioned among the several States ac- cording to their resi»ective numbers, counting the whole numl)er of persons in each State, excluding Indians not taxed. But when tlie right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied tf» any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, (>r other crime, the basis of representation therein shall be reduced in the projxjrtion which the numlxsr of such male citizens shall Ixsar tf the constitution of the Assembly, 25*/. British Columbia : admission into Do- minion provided for, 217 ; constitu- tion of, 2;Wn ; Ixmiularies of, 278-27!l. British North America Act (1807) ; see " Confederation Act.'" CAPE BRETON retaineil by France under treaty of Utreclit, 5 ; cihUhI t<» Ikitain under treatv of l'aris(17uel)ec, 20 ; of Mont- real, 32. ■Clergy Reserves ; Establishment of Protestant religion by tiuel)ec Act (1774), U2 ; establislnnent continued l)y Ccmstitutional Act (1701), 125 ; lands to be res«; endow- ment of parsonages providerieration Act (18<>7) ; Declara- tion of Union, 187 ; uniting i'ro- vinces, 187; division of Canada into Ontario and (.^uelK^c, 187; executive |H>wer, 187-18!»; Privy Council, 188; (iovernor-(»eneral and Council, 188 ; h'gislative |K»wer, 184-11)7 ; privileges of Parliament, 18S>, 227 ; annual ses- sions, 18i); constitution of Senate, 18i(-102 ; of Commons, V.Ki- 107; electoral (jistricts for, 1!»3, 218- 223 ; first election of, I'.M ; election and functions of S|H'aker of, 11)4-105 ; duration ot, l'.)5 ; quorum of, 105; n-adjiistment of representation in, 105 ; increase in memltership of, lOti ; money votes, VM't ; Royal assent, 100 ; I'rovincial constitutions, 107-203 ; Lieutenant-* lovernor's office, 107-108; Executive Council, 188; Lieut.-(iov- ernorand Council, 108-100; Ontario lifgislature, 100; (^ueltec Legislatun*. 100-201 ; Legislatures of Ontario and t>u{'»K!C, 201-202; Ii«'gislatures <>f Si ova Scotia ami New Brunswick, 202 ; first elwtions in Provinces, 203 ; money votes, 'M)k\; Royal assent, 20!t; h'gislative |>owers «)f Dominion Par- liament, 204; of Provincial I^iegis- latures, 205 ; conto>l of education, 2(N> ; uniformity of Provincial laws, 20 ; I'roviiiciiil Kul).siru|H>rt.v to taxutioii, 211 ; treiity <>l)lipiiti«>iis, 213 ; use of French liin^fuiitr*', 213; |Mt\vtr« tuid dutien of I'X^-outi^*- otticefH of Ontario and Que- U'c, 2U, 237 ; tinanciiil adjuHtment HH lietwfen Ontario and (^uel)ec, 211), '2l\X ; creation of townHlii|m in (Quebec, 21(> ; intercolonial railway, 21() ; ml- mission of other colonies, 217 ; repre- M-ntation of I'mvinceH in Senate, 217 ; establishment of new Provinces, 225 ; representation of Territories in Do- minion Parliament, 221). C;ries. 1: Koyal and Parliamentary assent t ; free anrial Act, 244/i ; Smiles vs. Bel- fonl, 244n ; assigned to jurisdiction of Dominion Parliament, 204, 310. Ctnmcil, executive ; of Xova Scotia to consist of 12 memU-rs, 10 : to be virtually a Legislative Council also, 11 ; legislative iiuthority (juestioned, Iti ; jwlverse opinion of Cmwn law officers, 17 ; council authorized for '^ueliec, 74; alst» to have legislative functions, 75 ; council under (Quebec .\ct (1774) both executive and legisla- tive, J)5 ; to lie, with (iovernor, a court of ap|)eal in UpiH-r and Lower Camula, 124; advisory function in relatitm to rectories, 127 ; judicial functions ctmtinued under Unicm Act (1H40), 105 ; advisor)' functions eontinued under Union Act, 107; I^orfl Durham's upini m of, 2U3-2H8 ; res|M)n8ibility of Council secured by (Jovernor'.s instnictiim, 21H>; Ijegisla- t i \ e Assembly's resolutionH resiiecting resinmsibility of, 303 ; to be a " Privy Council " of the Dominion, 188 ; rela- tion of privy council to (iovernor, 247, 24!», 2.57, 2iihi ; " Executive Council " for each Province, 1!»7 ; coin]x>sition <»f, 108 ; fimctions of, 1JI8 ; resismsibility of executive coinicils provided for, 1!M>. Council, legislative ; identical with executive in Nova Scotia, 10, 11, 15 ; in t^ueliec, 74 ; created by t^iie- Ih-c Act (1774) with executive func- tions, 05 ; creiited by Constitutional Act (1701) for Upjier and Lower Can- ada, 112 ; constituti(m of, 113-117 ; oath formeml)ersof, 122 ; naturalixed subjt'cts eligible for membership in, 134 ; susijended in Lower Canada, 1.3. Extradition : treaty of London (1794), 282; treaty of Washington (1842), 283. FISHERIES; French excluded from on coasts of Nova Scotia, 4 ; French rights reserved on coast of Newfound- land, 5 ; modifications of these rights by treaty of l^aris (1703), 02 ; further modification by treaty of Versailles (1783), 2 ; under treaty of Washington (1871), 287 ; Rusman rights under convention of St. Peters- burg (1824^, 288 ; under convention of St. Petersburg (1825), 288. Florida ceded by Spain to Britain, 64 ; creation of provinc*!», East and VVest, 67-08. French language not to be the official language of Parliament of Canada, 162 ; prohibition repealed, 175 ; Par- liamentary rules and practice as to use of Frencli language, prior to Con- federation, 183« ; status of French language in the Dominion Parliament, 213 ; in Manitoba Le^rislature, 237 ; in Assembly of North-West Terri- tories, 237. GHENT, treaty of, 18, 275. Governor-deneral may choose and remove members of Privy Council, 188 ; discharges the functions of for- mer Governors and Lieutenant-Gov- ernors in relati(m to Canada, 188 ; acts by and with the advice of Coun- cil, 188 ; may appoint deputy, 189 ; summons senators, 191, 192 ; receives resignations of senators, 191 ; apix)ints speaker of senate, 192 ; summons House of Commons, 192 ; recommends ap])ropriations, 196 ; assents to bills in Queen's name, 196 ; reserves bills for Queen's consideration, 197 ; ap- points Lieutenant-Governors, 197 ; salary of, 208 ; relation of to his own Council and to Imperial Government, 232n ; commission and instructions to Lord Monok (1867), 245-252 ; let- ters-patent creating office of, 253-265 ; f general instructions to accompany etters-patent, 256-258 ; commission to Lord Lome (1878), 258 ; ixwition under responsible government, 200n ; exercise of prerogative of (mrdon, 201 »e. Grenada ceded by France to Britain, 03 ; created a Province, 07 ; Lord Mansfield's judgment in Campbell vs. Halt, 79-89. HABEAS Corpus, writ not to issue f rt)in England to oohmies or for- eign dominions, 240 ; this prohibition not to affect right of appeal, 240. Hudson ]}ay Company allowttd dam- ages under treaty of Utrecht (1713), 4. Hudson Bay territory, restored by France to Britain, 3 ; boundary left undetennined, On ; northern limit of Quebec under Quebec Act (1774), 91 ; provision for acquisition of by Canada under Confederation Act (1807), 217, 238« ; restoraticm to France under treaty of Ryswick (1097), 205. JNDIANS, allies of Britain and France, protected by treaty of Utrecht, 5 ; to be dismissed by British general at capitulation of Montreal, 34, 58n ; rights of under Royal procla- mation (1703), 70, 72n; assigned to jurisdiction of Dominion Parliament under Confederation Act (1807), 204. Iroquois, protected by treaty of Utrecht, 5 ; accompanied Amherst to Montreal (1700), 58«. TAY treaty : see '* London." Jury, trial by, introduced into Upper Canada, 292. LANDS, Indian, granted under pro- clamation (I7(i3), 09; reserved to Indians, 70 ; not to be purchased from Indians by private persons, 71 ; de- finition of " reserved " by Privy Co\ui- cil, 72n; assigned to legislative juris- diction by Dommion Parliament, 204. Lawrence, Governor of Nova Scotia, 24ft ; expatriation of the Acadians. 24ft ; opposition of, to calling an elec- tive Assembly, 10-18. Law of Quebec after capitulation, 93 ; Canadian law established in Quebec, 93 ; Eiiglish law introduced into Upper Canada, 290. Levis, Chevalier de ; capitulation of Montreal, 36, 57ft. Lieutenant-Governor appointed by Governor-General, 107 ; mode of dis- missing, 197, 233» : salary to be pro- INDEX. 887 of vided by Dominion Parliament, 197 ; may choose members of hiu Executive Council, 198 ; office not to be affected by Provincial statutes, 205 ; commu- tation and remission of sentenceu by, 23«»i. London, treaty of (1794), 282 ; conven- tion of (1814). 285. Lords of Trade and Plantations, 7-9, l(i-18, 21, 23w. Louisburg fortified by the French, (»« ; taken by Massachusetts ex|>edition and restored by Treaty «jf Aix-la- Chapelle (1749), 23n. Lower Canada: see "Quebec." MANITOBA, establishment of, authorized by Imi)erial statute, 22G ; representation in Senate, 232/t ; official use of French lunguage in, 237h ; enlargement of area of, 2S8n ; Ixmndaries of, 277. Mansfield, opinion of, in Nova Scotia case, 17 ; judgment in Grenada case (Campbell vs. Hall), 79 ; speech on taxation of colonies, 89«. Miquelon, with St. Pierre, ceded by Britain to France, 62. Mississippi made the boundary between Canada and Louisiana, treaty of Paris (17<53), 63 ; French settlements on, C6« , 108u ; western boundary of Que- bec under Queliec Act (1 774),'l)l, 108h ; western bo\uidary of United States under Treaty of Paris (1783), 268; navigation of to be free, 270. Montreal, capitulation of, 32 ; capital of Canada, 183. NATURALIZATION by Legisla- ture of Lower Canada a ground of eligibility for election to that Legis- lature, 134. Navigation Acts in force in Queliec concurrently with Quebec Act (1774), 96, 104, llOn ; concurrently with Con- stitutional Act, (1791), 131 ; 'concur- rently with Union Act (1840), 1(>4. New Brunswick separated from Nova Scotia, 22 ; first Governor of, 22 ; iKmndaries of, 22, 272, 280; united with Canada, 187 ; Legislature con- tinued after Confederation, 202 ; hun- ber dues in, 211 ; separate .schools in, 236. Newfoundland surrendered with adja- cent islands by France to Britain, 4-5 ; fishing rights reserved to Fi-ench, 5 ; confirmed by the treaty of Paris (1763), 62 ; fislimg rights surrendered by Spain, 64 ; islands transferred to (^ebec by Quebec Act (1774), 91; l^renoh fishing rights under treaty of Versailles (1783), 266 ; United States fishing privileges under treaty of Paris (1783). 268; French fishing ftrivileges under treaty of Paris 1814), 285 ; United States fishing privileges under convention of Lon- don (1818), 285; Newfoundland de- clines to join other Provinces, 30.5, North-western territory ; see "Hudson Bay territory." Nova Scotia, exclusive fishing privileges of, acquired by Britain, 4 ; British set- tlenient of Halifax, 7-9 ; constitution of first Assembly, 18 ; boundaries of, 21 ; Comwallis, Governor, 9 ; Law- rence, Governor, 24 ; Belcher, Chief Justice, 25 ; Cajw Breton surrendered by France to Britain under treaty of Paris (1763), 62; added to Nova Scotia by pnxilamation, 68; Nova Scotia united with Canada under Confederation Act (1867), 186; see *' Confederation Act" ; boundaries of, 271. OHIO river the southern boundary of Quebec under Quebec Act (1774), 91. Ontario, coincident with Up|jer Can- ada, 187 ; part of Quebec as defined by Quebec Act (1774), 112 ; provincial legislature created, 112 ; authoriised to appropriate revenues, 107 ; lands in Upper Canada to be granted in free and conmion soccage, 130 ; boun- dary between Upiier and Lower Can- ada, 147n ; fiscal disjnites l)etween the pi-ovinces, 147»i ; reunited to Lower (Janada, 1 49 ; separated from Lower Canada, 186 ; one chamber in legislature, 199 ; boundary of Ontario, 273-277 ; English law and trial by jury introduced into, 290-292. PANIS (Pawnees), slaves, 53. Paris, treaty of, (1763), 61-6(5; treaty of (1783), 267-270; treaty of (1814), 285, Port Royal (AnnaiK)lis), surrendered by France to Britain, 4 ; represented in Nova Scotian Assembly, 181. Prince Edward Island, name of,chttnged from "St. John." 2.5»; annexed to Nova Scotia by prtxilaiiiation (1763), 68 ; commission to first Governor, 21; admission of,into Dominion of Canada provide ; to divide t^iudKHj, I4(}n ; to ri'unite theCanadaH, 1H2h ; to give effect to Confederation, 231 w. QITKHKC Act (1774), iM) ; boundarieK of the Province, ".K)-!H ; Royal Pro- clamation of 17(i3revoked,!l2 ;Htat»m of Koman CatholicM under the Act, !>2 ; rightH of Koman Catholic clergy, 1*2 ; eHtablishmenc of PniteHtant re- ligion, 1>2 ; oath preHcrilMHl for Koman Catholic HuhjectH, !>3 ; lawH of Canada eHtabliHheliHhed, !)4 ; Leg- islative Coimcil created, !I5 ; Provin- cial Government dej)rived of {Kjwer t3), 67; Murray first civil Governor of, 71; Province enlarged by (iuebeo Act (1774), {H); Revenue Acts, 97-103; divided into Up|»er and Lower Can- ada by Constitutional Act (1791), 112 ; Canadas reunited by Umon Act (1840), 149 ; Canada divided into On- tario and Quebec by Confedei-ation Act (18()7), 187; see "Confederation Act" ; boundaries of, 273. RECTORIES; see "Clergy Reser- ves." Koman Catholic religion, free exercise of, allowed to Frencii subjects in colonies surrendered to Britain, 5, 29, 45, (i2-65; freedom of worship imder Quebec Act (1774), 92 ; privileges con- firmed umler Constitutional Act (1791), 125; protection granted under Union Act (1840), 163; educational privileges under Confederation Act (1867), 20«i, 236/(. Rupert's Land ; st* " Hudson Bay ter- ritory. " Ryswick, treaty of (16!)7), 265. ST. JOHN, see "Prince Edward Island." St. Petersburg, treaty of (1824), 288 ; treaty of (1825), 288. St. Pieri-e, with Miquekm, ceded by Britain t.o France, 62 ; Seven Years' War, 59«. State cliurch; see "Clergy Reserves,"" " Roman Catholic religion." rilAXATIONof colonies ; right of king 1 to im|M>se taxes, 87, 89« ; Legisla- tive Council of (juebecnotemiM)wer(*d to levy taxes, 95; Im|M'rial Parliament might im|N>s<> taxes for nigulation of commerce, 96 ; Queliec Revenue Act (1774), 97, taxation cimtrolled by Imperial Parliament, 104, llOx ; tax- ation for regulation of commerce, 131, KM. Tenurtf of land ; fee simple In Nova^ Scotia, 7 ; conditions in articles of cajiituiation of Montreal, 49 ; con* ditions under R<)yal Proclamation (1763), 69 ; laws of Canada established by Quebec Act (1774), 93; not to extend to lands held in free and com- mon soccage, 94 ; feudal tenures, KMtn; grants under free and common soc- cage title provided for by Constitu- tional Act (1791), 130, 147n. Trade, freedom of, granted to Indians, 5 ; freedom of, on the Mississippi, 270. Trade and plantations, Lords of; see' "Lords." UNION Act (1840); Union of Upiier and Lower Canada, 149 ; comi>csi- tif)n and iKJwers of Legislature of (Can- ada, 1.50 ; constitutitm of Legislative Council, 151 ; constitution of Legisla- tive Assembly, 15.1; electoral di visit ms, 153-155 ; legislative powers to altersys- tern of representation, 1.56 ; qualifica- tions of members, 1.58 ; duration of Parliament, 159 ; oath of memberrihip, 160 ; Royal assent, 160 ; reservatifm of bills, 161 ; authority of Governor, 162, 167, 172 ; language of legislative records, 1(52 ; ecclesiastical and Crown rights, 163 ; colonial taxation, 1()4 ; law courts, 165, 168 ; consolidated revenue fund, 169 ; hereditary Crown revenues, 171 ; payments to Protes- tant clergy, 171 ; townships to be created, 172. Upper Canada: see " Ontario." Utrecht, treaty of, 3-6. VAUDREUIL, Marquis de : capitu- lation of Quebec, 28, 130 ; capitu- lation of Montreal, 33, 36, 57, 58m. Versailles, treaty of (1783), 266. 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