IMAGi EVALUATION TEST TARGET (MT-3) III i.O 1.1 us ■^ U2 §22 !^ tis. 12.0 m I— lag BJl «i 4" i. -1 Photographic Sciences Corporalion ^^ .^; \^ ^. ^i^.*^ '/<.«. 23 WIST MAIN STRHT WIUTIR,N.Y. 14SM (716)S72-4S03 ^^^ ^ CIHM/ICMH Microfiche Series. CIHIVI/ICIVIH Collection de microfiches. Canadian Inatituta for Hiatorical Microraproductiona / Institut Canadian da mscroraproductions liiatoriquaa ^v Technical and Bibliographic Notaa/Notaa tochniquaa at Mbiiographiquaa Tha Instituta has attamptad to obtain tha baat original copy availabia for filming. Faaturas of this copy which may ba bibliographically iiniqua, which may altar any of tha imagas in tha raproduction. or which may significantly changa tha usual mathod of filming, ara chackad bf low. □ Colourad covars/ Couvartura da coulaur I I Covars damagad/ D n D D D D Couvartura andommagAa Covars rastorad and/or iaminatad/ Couvartura restauria at/ou palliculia I — I Covar titia missing/ La titra da couvartura manqua Colourad maps/ Cartas gAographiquas an coulaur Colourad Ink (l.a. othar than blua or black)/ Encra da coulaur (i.a. cutra qua biaua ou noira) I I Colourad platas and/or illustrations/ Planchas at/ou illustrations an coulaur Bound with othar matarial/ RaiiA avac d'autras documents Tight binding may causa shadows or distortion along interior margin/ La re liure serrie peut causer de I'ombre ou de la distortion la long da la marge intArieure Blank leaves added during restoration may appear within tha text. Whenever possible, these have been omitted from filming/ II se peut que certainas pages blanches ajoutias lors d'une restauration apparaissant dana ia texte, iT>ais, lorsque cela Atait possible, ces pages n'ont pas AtA fiimAas. L'Institut a microfilm* la mailleur exemplaire qu'il lui a it* poaai* :e da ea procurer. Lea ditails da cat exemplaire qui aont paut-Atre uniques du point de vue bibliographiqua, qu! peuvent modifier une image raproduite, ou qui peuvent exiger une modification dana la mAthoda normala de filmege aont indiquia ci-dassous. D D Coiourad pages/ Pagaa de couleur I — I Pages damaged/ Pages endommagias Pages restored and/oi Pages restaurAes et/ou pelliculies Pages discoloured, stained or foxei Pages dAcoiorAes. tachatAes ou piquees Pagrs detached/ Pages dAtachAes Showthrough/ Tranaparanca Quality of prir Quaiit* InAgaia de I'impression Includes supplementary matarii Comprend du material supplAmantaira Only edition available/ Seule Mition disponible I — I Pages restored and/or laminated/ rri Pages discoloured, stained or foxed/ I I Pagrs detached/ rri Showthrough/ I I Quality of print varies/ rn Includes supplementary material/ rn Only edition available/ 1 a T VI d •I b( ri ri m Pages wholly or psrtially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Lea pages totalement ou partiallement obscurcies par un fauillet d'errata, une pelure. etc.. ont At* filmAes A nouveau de fa^ on A obtanir la mailleure image possible. Additional comments:/ Commentaires supr^lAmantairas; ^k This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de rAduction indiquA ci-dessous. 10X 14X 18X 22X 28X 30X •J 3 12X 16X aox 24X 28X 32X TlM copy fllm«d tm hat bMn r«produc«d thanks to tho gonorosity of: Library of tha Public Archivaa of Canada Tha imagaa appaaring hara ara tha bast quality potsibia conaidaring tha condition and lagibility of tha original copy and in icaaping with tha filming contract spaciflcationa. Original copiaa in printad papar covara ara filmad baginning with tha front covar and anding on tha last paga with a printad or iliuatratad impraa- sion, or tha back covar whan appropriata. All othar original copiaa ara filmad baginning on tha first paga with a printad or iliuatratad impraa- sion. and anding on tha laat paga with a printad or iliuatratad impraaaion. Tha laat racordad frama on aach microficha ahail contain tha aymbol — ^> (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar appliaa. Maps, platas. charts, ate. may ba filmad at diffarent raduction ratioa. Thoaa too iarga to ba antiraly inciudad in ona axposura ara filmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, as many framaa aa raquirad. Tha following diagrams illustrata tha mathod: L'axamplaira film4 f ut raproduit grica i la gAnAroait* da: La bibliothiqua das Archlvas pubiiquas du Canada Laa imagaa suhrantaa ont 4t4 raproduitas avac la piua grand soln. compta tanu da la condition at da la nattatA da i'axamplaira film*, at an conformity avac laa conditions tlu contrat da filmaga. Laa axamplairas origlnaux dont la couvartura an papiar ast ImprimAa sont filmis an commariipant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'impraaaion ou d'illuatration. soit par la sacond plat, salon la cas. Toua las autras axamplairas origlnaux aont filmte an commandant par la pramlAra pava qui comporta una amprainta d'impraaaion ou d'illuatration at an tarminant par la darnMra paga qui comporta una talla amprainta. Un daa symbolas tuivants apparattra sur la darnlAra imaga da chaqua microficha. saion la caa: la aymbola — »• signifia "A SUIVRE", la symbols ▼ signifia "FIN". Laa cartaa. planchaa. tdbiaaux. ate. pauvant Atra film«a A das taux da reduction diff«iants. Loraqua la document aat trap grand pour Atra raproduit w un scul siich*. ii aat film* A partir da I'angia supAriaur gaucha, da gnucha A droita. at da haut an has, 9n pranant la nombra d'imagas nAcassaira. Las diagrammas sulvants illustrant la mAthoda. 1 2 3 1 2 3 4 5 6 1 't INTERCOLONIAL UNION. THE PROPOSED CONSTITUTION AS ADOPTED BY THE QUEBEC CONFERENfiE IN OCTOBER, WA. f MONTREAL : PRINTED BY M. LONGMOORE ecome vacant. XII. Members of the Legislative Council to be British subjects by birth or natural- ization, of the iull age of thirty years, to possess a continuous real property qualifica- tion of four thousand dollars over and above all incumbrances, and to 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. XIII. If any question shall arise as to the qualification of a Legislative Councillor, the same is to be determined by the Council. XIV. The first selection of the Members of the Ijegislative Council to be made from the Legislative Councils of the various Pro- vinces, except as regards Prince Edward Is- land, 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 Govern- ment, upon the nomination of the Local Gov- ernments, and in such nomination, due re- gard is to be had to the claims of the Mem hers of the Legislative Council of the opposi- tion in each Province, so that all political parties may as nearly as possible be fairly re- presented. XV. The Speaker of the Legislative Coun- cil (until otherwise provided by Parliament) is to be appointed by the Crown from among the members of the Legislative Council, and to hold office during pleasure, and shall on- ly be entitled to a casting vote on an equality of votes. XVI. Each of the twenty-four Legislative Councillors repiesenting Lower Canada in the Legislative Council of the General Legisla- ture shall be appointed to represent one of the twenty-four Electoral Divisions mentioned in Schedule A of Chapter First of the Consoli- dated Statutes of Canada, and such councillor shall reside or possess his qualification in the division he is appointed to represent. XVII. The basis of representation in the House of Commons is to be population, 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 and Prince Edward Island . . 5 XVIII. Until the official census of 1871 has been made up, there will be no change in the number of representatives from the sever- al sections ■I ■■ ■ ( i XIX. Immediately after every decennial census thereafter, the representation from each section in the House of Commons i.s to be re-adjusted on the basis of popula- tion. XX. For the purpose of such re-adjust- ments, Lower Canada will always be assi^^n- ed sixty-five members, and each of the other sections shall at each re-adjustment receive, for the ten years then next succeeding, the number of members to which it will be enti- tled on the same ratio of representation to population as Lower Canada will enjoy ac- cording to the Census then taken by having sixty-five members. XXI. No reduction is to be made in the number of Members returned by any section, unless its population shall have decreased re- latively to the whole population of the Union, to the extent of five per centum. XXII. In computing at each decennial p(!- riod, the number of Members to which each section is entitled, no fractional parts will be considered, unless when exceeding one half the number entitling to a Member, in which case a Member shall be given for each such frac- tional part. XXIII. The Legislature of each Province, will divide such Province into the proper number of constituencies, and define their boundaries. XXIV. The Local Legislature of each Pro- vince may, from time to time, alter the Elec- toral Districts for the purposes of Representa- tion in such local legislature, and distribute the representatives to which the Province is entitled, in any manner such Legislature may think fit. XXV. The number of Members may at any time be increased by the General Parlia- ment, — regard being had to the proportionate rights then existing. XXVI. 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 respec- tively, relating to the qualification and dis- qualification 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 Keturnin^ OiHcers aud their puwerd and du- ties, — and relating to the proceedings at Elections, — and to the peiiod 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 ana execution of new Writs in case of any seat being vacated otherwise than by a dissolution, — shall respectively apply to Elec- tions of Members to serve in the House of Commons, for places situate in those Provinces respectively. XXVII. Every House of Commons is to continue for five years from the day of the re- turn of the writs choosing the same, and no longer, subject, nevertheless, to be sooner prorogued or dissolved by the Governor. XXV III. There shall be a session of the General Parliament once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting of Parliament in one Session and the first sitting of Parliament in the next session. Powers of Parliament. XXIX. That the General Parliament will have power to make Laws for the peace, wel- fare and good Government of the Federated Provinces (saving the Sovereignty of the Mother Country) and especially Laws res- pecting the following subjec*s .- — 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, and of Coal and other Minerals. 4. The imposition or regulation of Excise Duties. 5. Thd raising of money by all or any other modes or systems of Taxation. 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 Pro- vince. 8 i 111 9. LineH of Steaniuhipa between the Fede- rated Provinces and other countries. 10. Telegraphic Communication and the in- corporation of Telegraph Companies. 11. All such works as shall, although Win;; wholly within any Province he specially declared by the Acts authorizing them to be for the general advantage. 12. The Census. 13. Militia — Military and Naval Service and Defence. 14. Beacons, Buoys and Light Houses. 15. Navigation and Shipping. 16. Quarantine. 17. Sea Coast and Inland Fisheries. 18. Ferries between any Province and a foreigu country, or between any two Pro- vinces. 19. Currency and Coinage. 20. Banking and the issue of Paper Money. 21. Savings Banks. 22. Weights and Measures. 23. Bills of Exchange and Promissory Notes. 24. Interest. 25. Legal Tender. 26. Bankruptcy and Insolvency. 27. Patents of Invention and Discovery. 28. Copy Rights. 29. Indians and Lands reserved for the In- dians. 30. Naturalization and Aliens. 31. Marriage and Divorce. 32. The Criminal Law, excepting the Consti- tution of Courts of Criminal Jurisdic- tion, but including the procedure in Cri- minal matters. 33. Rendering uniform all or any of the laws relative to property and civil rights in Upper Canada, Nova Scotia, New Bruns wick. Prince Edward Island and New- foundland, and for rendering uniform the procedure of all or any of the Courts in these Provinces ; but any Statute for this purpose shall have no force or authority in any Province until sanctioned by the Legislature thereof. 34. The Establishment of a General Court of Appeal for the Federated Provinces. 35. Immigration. 36. Agriculture. 9 37. And generally respectin;^ all matters of a <»enfiral character, not specially and ex- clusively reserved for the Local Govern- ments and Lej^ialatures. XXX. The (ioneral (Tovernraent and Par liament will have all powers necessary or proper for performing the oblijjations of tho Federated Provinces as part of tho Kritish Empire to foreign countries, urisinpr under treaties between Great Britain and such coun- tries. XXXI. The General Parliament may also, from time to time, establish additional Courts, and the Government may thereupon appoint other Judges and Officers, when the same shall appear necessary or for the public advantage, in order to the due execution of the laws of Parliament. XXXII. All Courts, Judges, and Officers of the several Provinces are to aid, assist, and obey the General Government in the exercise of its rights and powers, and for such purposes will be held to be Courts, Judges, and Officers of the General Government. XXXIII. The General Government are to appoint and pay the Judges of the Superior Courts in each Province, and of the County Courts of > Upper Canada and Parliament shall fix their salaries. XXXIV. Until the consolidation of the laws of Upper Canada, New Brunswick, Nova Scotia, Newfoundland, and Prince Edward Island, the Judges of those Provinces appointed by the General Government, shall be selected from their respective Bars. XXXV. The Judges of the Bench of Lower Canada be selected from the Bar of Lower Canada. XXXVI. The Judges of the Court k Ad- miralty now receiving salaries are to be j. ^d by the General Government. XXXyil. The Judges of the Superior Courts will hold their offices during good behaviour, and to be removable only on the address of both Houses of Parliament. Local Government. XXXVIII. For each of the Provinces there is to be an Executive Officer, styled the Lieutenan^Govemor, who is to be appointed by the Governor-General in Council, under the great seal of the Federated Provinces, I-I 10 during pleasure : such pleasure not to be exer- cised before the expiration of the first five years, except for cause, such cause to be "om- inunicated in writing to the Lieut.-Governor immediately after the exercise of tho pleasun; aforesaid, and &.iio by message to both Houses of Parliament, within the first week of the first session afterwards. XXXIX. The Jjieutenaut-Ciovernor of each Province is to be paid by the General Legislature. XL. In undertaking to pay the salaries of the Lieutenant-Governors, the Conference does not desire to prejudice the claim of Pnnce Edward Island upon the Imperial Government for the amount now paid for the salary of th(! Lieutenant-Go ve'-nor thereof. I t Local Legislatures. XLI. Tlie Local Government and Legisla- ture of each Province are to be constructed in such manner as the existing Legislature of sucli Province shall provide. XLII. The Local Legislatures will have power to alter or amend their Constitution from time to time. XLIII. The Local Legislatures will have |)0wer to make laws respecting the following subjects : 1. Direct taxation and imposition of duties on the export of timber, logs, masts, spars, deals and sa-vn Inmber, and of coals and other minerals.* 2. Borrowing money on the credit of the Province, ii. The establishment and tenure of local o.lices, and the appointment and payment of local officers, 4. Agriculture, 5. Immigration. 6. Education; saving the rights and privi- leges which the Protestant or Catholic minor- ity in Ll th Canadas mnj possess as to their denominational schools, at tho time when the union goes into operation. 7. The sale and management of public * We understand that this clause is only in- tended to apply to the timbei of New BrunewioK and the coal of Nova Scotia, and that since the Conference broke up means have been taken to procure the assent of delegates to the necessary verbal corrections of the clause. 11 lunds, excepting land belonging to the Gener- al Government. 8. Sea coast and inland Hsheries. i^ The establishment, maintenance and management of penitentiaries, and of public and reformatoryprisons. 10. The establishment, maintenance and management of hospitals, asylums, charities and eleemosynary institutions. 1 1 . Municipal institutions. 12. Shop, saloon, tavern, auctioneer anil other licenses. 13. Local works. 14. The incorporation of private or local companies, except such as relate to matters assigned to Parliament. 15. Property and civil rights, excepting those portions thereof assigned to Parlia- ment. IG. Inflicting punishment by finfc, penalties, 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, maintenance and organization of the courts — both of civil and criminal juris- diction, and including also the procedure in civil matters. 18. And generally all matters of a private or local nature. XLIV. The power of respiting, repriev- ing, commuting and pardoning prisoners con- victed of crimes, and of remitting of sentences in whole or in part, which belongs of right to the Crown, will be administered bj the Lieu- tenant Governor of each Province m Council, subject to any instructions he may from time to time receive from the General Govern- ment, and subject to any provisions that may be made in this behalf by Parliament. General Proviaions. XLV. In regard to all subjects over which jurisdiction belongs to both the General and Local Legislatures, the laws of the General Parliament are to control and supersede those made by tb D Local Legislature, and the latter to be void so far as they are repugnant to or inconsistent with the former. XLVI. Both the English and French lan- guages may be employed in the Ger. "ral Le- gislature and in its procMdings, and also in il : I 12 li io the Local Legislature of Lower Canada, and in the Federal and Local Courts of Lower Canada. XLVII. No lands or property belonging to the General or Local Government are to be liable to taxation. XLVIII. All bills for approprip.tiug any pari of the Public Revenue, or for imposing any new Tax or Impost, raiat originate in thn House of Commons or the Local Assembly, as the case may be. XLIX. The House of Commons or Legis- lative Assembly is not to originate or pass any Vote, Resolution, Address or Bill for the appropriation of any part of the Public Reve- nue, or of any Tax or Impost to any purpose, not iirst recommended to the House of Assem bly by Message of the Governor General, or the Lieutenant Governor, as the case may be, during the Session in which such Vote, Reso- lution, Address or Bill is passed. L. Any Bill of the General Legislature 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 Gene- ral. LI. Any Bill passed by the General Parlia- ment is to be subject to disallowance by Her Majesty within two yeai-s, as in the case of Bills passed by the Legislatures of the said Provinces hitherto, and in like manner any Bill passed by a Local Legislature shall be subject to disallowance by the Governor Ge- neral within one year after the passing thereof. LII. The Seat of Government of the Fede- rated Provinces will be at Ottawa, subject to the Royal Prerogative. LIII. Subject to any future action of the respective Local Governments in respect thereof, the Seat of the Lbcal 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. Finances, Sw.. LIV. All cash, bankers' balances and other cash securities of each Province, at the time of the Union, are to belong to the General Government. LV. The following public works and prop- 13 G. ■S. erty of each Province will Ix^long to the Oeneral Government — to wit : 1. Canals; 2. Public harbours; ■J. Light-houses and piers ; 4. Steamboats, dredges and public vessels : River and lake improvements ; Railway and railway stocks, mortgages and other debts due by railway compa- nies ; Military roads ; Custom houses, post otfices 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 Gov- ernment and known as ordnance proper- ty 5 10. Armories, drilljfsheds, military clothing and munitions of war ; and 1 1 . Lands set apart for public purposes. LVI. All lands, mines, minerals and royal- ties vested in Her Majesty in the Provinces of I 'pper Canada, Lower Canada, Nova Scotia, Xew Brunswick and Prince Edward Island, for the use of such Provinces, will belong to the local Government of the territory in which the same are so situate ; subject to any trusts that may exist in respect to any of such lands or to any int^rc! of other persons in respect of the same. LVD. All sums due from purchasers or lea- sees of such lands, mines or minerals, at the time of the Union, also are to belong to the Local Governments. LVIII. All assets connected with such por- tions of the public debt of any Province, an or assumed by the local Government, shall hIso belong to those Governments respectively. LIX. The several Provinces are to remain vested with all other public property therein, subject to the right of the General Governnient to assume any lands or public property required for fortifications or the defence of the country. LX. The General Government is to as- sume all the debts and liabilities of each Province. LXI. The debt of Canada not specially as- sumed by Upper and Lower Canada respec- tively, not to exceed at the time of the 14 i! Union, $02,500,000 Xova Scotia to enter into the Confederation with a debt not exceeding S, 000, 000 And New Brunswick, with a debt not exceeding 7,000,000 LXII. But it is expressly provided that in case Nova Scotia or New Brunswtck do not incur liabilities beyond those for which their Governments are now boc.nd, and which shall make their respective debts at the date of LTnion less than $8,000,000 and $7,000,000 respectively, they shall then be entitled to benefit by the interest at 5 per cent, on the amount not so incurred, in like manner as is hereinafter provided for Newfoundlana and Prince Edward Island ; the foregoing resolu- tion being in no respect intended to limit the powei« now given to the respective Govern- ments of those Provinces by Legislative autho- rity, but only to limit the maximum amount of ciiarge to be brought by them against the General Government. The powers so con- ferred by the respective Legislatures to be exercised within five years from this date or the same shall then lapse. LXIIl. Newfoundland and I'rince Edward Island, not having incurred debts equal to those of the other Provinces, are entitled to receive by half-yearly payments in advance from the General Government the interest at 5 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 Bruns- wick. LXIV. In consideration of the transfer to the General Legislature of the powers to taxation, an annual grant in aid of each Province shall be made, equal to an amount of 80 cents per head of the population, as established by the census of 1861. The population of Newfound- land bein^ estimated at 130,000. Such aid shall be in full settlement of all future de- mands upon the General Government for local purposes, and shall be paid half-yearly in ad- vance to each Province. LXV. 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 15 Union takes effect, an additional allowance of $63,000 per annum shall be made to that Province. But tlut so long as the liability oi" that Province remains under $7,000,000, ade duction equal to the interest on such deficiency is to be m.ade from the $63,000. LXVI. In eonsideration of the surrender tu the General Government by Newfoundland of all its rights in Mines and Minerals, and of all the ungranted and unoccupied Lands of the Crown, it is agreed that the sum of of $150,- 000 shall each year be paid to that Province by semi-annual payments, provided that that Colony shall rettiin the right of opening, con- structing and controlling Roads and Bridges through any of the said Lands, subject to any laws which the General Parliament may pass in respect of the same. LXVII. All engagements that may, before the. Union, be entered into with the Imperial Government for the Defence of the Country, shall be assumed by the General Government. LXVIII. The General Government shall se- cure, without delay, the completion of the In- tercolonial Railway from Riviere-du-Loup through New Brunswick, to Truro in Nova Scotia. LXIX. The communications with the North- western Territory, and the improvements re- qnired for the developement of the Trade of the Great "West with the Seaboard, were re- garded by this Conference as subjects of the highest importance to the Federated Pro- vinces, and are to be prosecuted at the earliest possible period that the state of the Finances will permit. LXX. The sanction of the Imperial and Local Parliaments is to be sought for the Union of the Provinces, on the principles adopted by the Conference. LXXI. That Her Majesty the Queen be solicited to determine the rank and name of the Federated Provmces. LXXII. The proceedings of the Confer- ence, when Hnally revised, to be signed by the Delegates, and submitted by each Deputa- tion to its owH Government,and the Chairman authorized to submit a copy to the Gover- nor Governor General for transmission to the Secretary of State lor the Colonies.