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 ConUde 
 
 Smise, 23 Jan. 1887. 
 
 British North America. 
 
 DRAFT 
 
 BILL 
 
 The Union of ihe British North Ame- 
 rican Colonies, and for tlie Govern- 
 ment of the United Colony. 
 
 [Qu. whether 
 
 I S. N. A. Colcma.} 
 
 'W 
 
 i^ 
 
 ''EEUEiS tfefr Union of the British 
 North Aj3iencan ColoBies fe ^iJi Bu ye oea 
 tff G tJ ^- n micBfe and Lcgisla t im » would be 
 attended with grat Benefits to the Colonies and be 
 conducive to the interests of the United Kingdom : 
 Be it thcrefojo enacted by the Queen's most 
 Excellent MajAy, by and with the Advice and 
 Consent of the Jiords Spiritual and Temporal, and 
 Commons, in tlis present Parliament assembled, 
 and by the Autlurity of the same, as follows ; 
 
 
 1. This ^t may be cited as The British North short ■ 
 Americu-fLCT, 1857. 
 
 IHerewOMldjhiow: 
 
 1. A)»j Inl^prctation Clause that may be necessary. i 
 
 b 
 
 io.so.) 
 
 c
 
 CONFEDERATION: 
 
 BEING 
 
 A SILKIES OF HITHERTO UNPUBLISHEJ) DOCUMENTS 
 BEARING ON THE 
 
 BRITISH North America act. 
 
 EDITED J'.V 
 
 JOSEPH POPE, 
 
 Editor of '^ Memoirs of Sir John A. Macdonald, G.C.B. 
 
 TORONTO : 
 THE CARS WELL Co. Ltd. LAW PUBLLSHERS, Ere. 
 
 1895. 
 
 i59J<i
 
 Entered according to Act of the Parliament of Canada, in the j'ear one thousand 
 eight hundred and ninety-five, by The Carswell, Co. (Limited), in the 
 office of the Minister of Agriculture. 
 
 TORONTO 
 PRIKTEU BY THE CARMWELL CO. 
 
 22, 30 Adelaide St. East.
 
 'iTi 
 
 PREFACE. 
 
 ONE of the chief disadvantages against which bio- 
 graphers of our public men have to contend arises 
 from the dearth of new material at their command. 
 Forced in many instances to make bricks without straw, 
 they have been driven to supplement their scanty store by 
 liberal draughts on the published reports of Parliament 
 QQ and other official documents, already common property. 
 ^ The result is that what purports to be a disclosure of the 
 ^ heretofore unrevealed side of a statesman's career, presents 
 more often than otherwise the appearance of an abridged 
 Hansard, convenient no doubt, and even interesting in 
 a sense, but containing little or nothing not previously 
 
 known. 
 
 cj 
 
 '^ It was my fortune as Sir John Macdonald's biographer 
 
 ^ to experience a difficulty precisely the reverse of this. 
 • When, on accepting the charge devolving upon me as 
 literary executor of that great man, I approached the 
 ^ task which he had willed I should undertake, I was appalled 
 at the mass of documents awaiting examination. Among 
 them was a large collection of papers relating to the Con- 
 federation negotiations of 1864-1867. These documents 
 gave promise of material from which could be prepared a 
 history of Confederation as distinguished from accounts — 
 chiefly reminiscent in their character — of concomitant social 
 functions and after-dinner speeches Here were drafts of 
 the Minutes of the Quebec Conference, reports of the dis- 
 cussions taken by Lt.-Colonel Bernard, the Secretary of 
 the Conference, motions and amendments by the score in 
 the handwriting of the movers, together with copious 
 memoranda by the Fathers of Confederation. There were
 
 iv PBEFACE. 
 
 also sundry drafts of the British North America Bill in 
 various staij^es of evolution, from the first rough trial to 
 the Act itself. Not a line of these papers (other than the 
 results arrived at) had ever been published. 
 
 The first thing to be done was to bring order out of 
 chaos, to separate the wheat from the chaff, and thus to 
 reduce the mass of valuable material to the smallest pos- 
 sible compass. But even when this had been accomplished 
 it seemed hopeless to think of incorporating the contents 
 of a volume relating exclusively to one subject, in a book 
 of Memoirs dealing with the events of an exceptionally 
 active political career extending over half a century. In 
 this dilennna I had recourse to Sir John Thompson. " I 
 would publish them all," said he, with special reference to 
 the drafts of the British North America Bill. " As an 
 appendix to the Memoirs T' I asked. " By all means," 
 replied Sir John. " They will be useful to students of our 
 Constitution, and add to the interest and importance of 
 your work." 
 
 This advice I found impracticable to follow at the 
 time. The injunction, however, of so distinguished a law- 
 yer and statesman as Sir John Thompson is not lightly to 
 be disreo'arded, and has impelled me to complete a labour 
 the fulfilment of which I might otherwise have indefinitely 
 postponed. 
 
 While the documents I publish are to a large extent 
 self-ex])lanatory, a very few words of mine may possibly 
 lead to a more ready understanding of them. As regards 
 the proceedings of the Quebec Conference, the key to the 
 whole is to be found in the report made to His Excellency'' 
 the Governor-General by the Provincial Secretary of 
 Canada, dated 4th May, LS65, wherein Mr. McDougall 
 makes the following observation : — 
 
 " As your Excellency is aware, the proceedings of the 
 Conference towards the close of its deliberations were very 
 much hurried." — (Appendix to Popes Memoirs of Sir John 
 Macdonald, Vol. /., p- 356.)
 
 PREFACE. 
 
 This is abundantly evident from the j)apers themselves. 
 Apparently it was the intention at the outset to preserve 
 a complete record of the proceedings of the Conference, 
 for draft minutes of each day's proceedings up till the 
 20th October were printed. These drafts, however, are 
 meagre, giving only the text of the motions as actually 
 carried, omitting the proposed amendments, and in every 
 case the names of the movers and seconders. On the other 
 hand every scrap of writing has been preserved. The 
 various draft motions, with scarcely an exception, are in 
 the handwriting of the movers ; and certain skeleton forms- 
 indicating the order of each day's proceedings, have ren- 
 dered the work of compiling the minutes a possible task. 
 These minutes, with the exception of the three last sittings, 
 are complete, and, with one or two qualifications which I 
 have indicated in foot notes, may be accepted as constituting 
 an accurate report of the Conference. 
 
 The record of the discussions, unfortunately, is obviously 
 deficient, and, in places, fragmentary. I have contented 
 myself with reproducing Colonel Bernard's notes, taken in 
 longhand, supplying here and there such small words as 
 are clearly necessary to bring out the sense, and leaving 
 the elucidation of doubtful passages to those better ([uali- 
 fied than myself to interpret them. 
 
 The minutes of the London Conference are printed as 
 prepared by Colonel Bernard. They are merely in outline. 
 No detailed record seems to have been kept at London as 
 at Quebec, l)ut from the loose notes and memoranda 
 of Colonel Bernard I have been able to put together 
 an interesting and, as far as it goes, an accurate account of 
 the proceedings which transformed the Quebec Resolutions 
 into those of the London Conference. 
 
 The various drafts of the Bill are absolutely to be relied 
 upon, the originals being in every case printed and anno- 
 tated, as well as distinguished by numbers and dates. 
 
 This little volume makes no pretension to be other than 
 a compilation pure an<i simple. That it is not more full is
 
 VI PREFACE. 
 
 to be regretted. At the same time it should be borne in 
 mind(l) that it contains all the hitherto unpublished 
 information available upon the subject, and (2) that it is 
 exceedingly improbable there will ever be anything more 
 brought to light. 
 
 For these reasons, therefore, I feel that, viewed as sup- 
 plementary to the thirteenth and fourteenth chapters of 
 my 'Memoirs of Sir John Macdonald,' it may form a not 
 wholly unimportant contribution to the constitutional lit- 
 erature of Canada. 
 
 JOSEPH POPE. 
 Ottawa, July 1st, 1895.
 
 CONTENTS. 
 
 PAGES. 
 
 Minutes of the Proceedings of the Quebec Confer- 
 ence, October, 18G4 . . . . . . 1 38 
 
 Quebec Resolutions . . . . . . 38 52 
 
 Report of Discussions in the Quebec Conference . 53 88 
 
 Resolutions of the Legislative Assembly of Canada. 
 
 PROVIDING for the LoCAL GOVERNMENTS AND LEGIS- 
 LATURES OF Upper and Lower Canada . . 89 93 
 
 Minutes of the Proceedings of the London Confer- 
 ence, December, 186G ..... 94-97 
 
 London Resolutions ...... 98-110 
 
 Report of Discussions in the London Conference 111-122 
 
 Various Drafts of the British North America Rill . 123 247 
 
 The British North America Act . . . 248 293 
 
 Appendices ........ 294311 
 
 Index 313-324 
 
 LIST OF APPENDICES. 
 
 PAGES. 
 
 I. Despatcli from the Lieutenant-Governor of 
 Nova Scotia to the Governor-General of 
 Canada, dated 8rd October, 1864, announcinfr 
 appointment of dele^-ates to Quebec Confer- 
 ence, tofjether with copj^ of instrument of 
 appointment 294-95 
 
 II. Despatch from tlie Lieutenant-Governor of 
 Prince Edward Island, dated 6th October, 
 1864, to the Governor-General of Canada, 
 announcing appoiritment of delegates to the 
 Quebec Conference 296
 
 Vlll LIST OF APPENDICES. 
 
 PAGES. 
 
 III. Despatch i'rom the Lieutenant-Go\'ernor of 
 
 New Brunswick, dated April, 1865, to the 
 Governor-General of Canada callin^jj atten- 
 tion to certain discrepancies between the 
 Quebec Resolutions as passed at the Confer- 
 ence and those laid before the Canadian 
 Parliament, together with explanator}^ me- 
 morandum from tlie Provincial Secretary of 
 Canada 297-300 
 
 IV. Circular Despatch from the Governor-General 
 
 of Canada, dated 23rd September, 1864, to 
 the Lieutenant-Governors of Nova Scotia, 
 New Brunswick, Prince Edward Island and 
 the Governor of Newfoundland, extending 
 invitations to send delegates to the Quebec 
 Conference, together with Minute Canadian 
 Executive Council of even date 301-2 
 
 V. Despatch from the Duke of Newcastle to the 
 Earl of Mulgrave, Lieutenant-Governor of 
 Nova Scotia, dated 6th July, 1862, on the 
 subject of the Confederation of the B. N. A. 
 Provinces 303-4 
 
 VI. Correspondence between the Hon. John A. Mac- 
 donald, Chairman of tlie London Conference 
 and the Earl of Carnarvon, Secretary of State 
 for the Colonies, together with memorial 
 from the Provincial Association of Protes- 
 tant Teachers of Lower Canada to the 
 Queen on the subject of Education 305-311 
 
 ERRATA. 
 
 Page 11, third lino from botLoin. for " noon '' read " midnight." 
 Page ()(), tentli Hne from bottom, for " pp. 10, 11 " read " page 19." 
 Page 70, sixtii line from bjttom, for " nnderstand " read "under- 
 stood." 
 
 Page 7'J, tenth line from top, for " pp. 2-2, 21, 43" read, " pp. 22, 23."
 
 M I NUTES 
 
 OF THE 
 
 PROCEEDINGS IN CONFERENCE 
 
 OF THE 
 
 DELEGATES FROM THE PROVINCES 
 
 OF 
 
 BRITISH NORTH AMERICA. 
 
 OCTOBER, 1864. 
 
 CONFERENCE CHAMBER, 
 
 Parliament House, 
 
 Quebec, 10th October, I864.. 
 
 The following gentlemen assembled at the Conference Cham- 
 ber in the Parliament House, Quebec, on Monday, the tenth day 
 of October, 1864, at the hour of eleven o'clock in the forenoon : — 
 
 The Honourable Sir E. P. Tache, M.L.C, Receiver-General 
 and Minister of Militia of Canada. 
 
 The Honourable John Alexander Macdonald, M.P.P., 
 Attorney-General of Upper Canada. 
 
 The Honourable George Etienne Cartier, M.P.P., Attorney- 
 General of Lower Canada. 
 
 The Honourable George Brown, M.P.P., President of the 
 Executive Council of Canada. 
 
 The Honourable Oliver Mow at, M.P.P,, Postmaster-General 
 of Canada. 
 
 The Honourable Alexander T. Galt, M.P.P., Minister of 
 Finance of Canada. 
 
 POPE CON. — 1
 
 2 PROCEEDINGS IX CONFERENCE 
 
 The Honourable William McDougall, M.P.P., Provincial 
 Secretary of Canada. 
 
 The Honourable T. D'Arcy McGee, M.P.P., Minister of Agri- 
 culture of Canada. 
 
 The Honourable Alexander Campbell, M.L.C, Commissioner 
 of Crown Lands. 
 
 The Honourable J. C. Chapais, M.P.P., Commissioner of 
 Public Works. 
 
 The Honourable H. L. Langevin, M.P.P., Solicitor-General of 
 Lower Canada. 
 
 The Honourable James Cockburn, M.P.P., Solicitor-General 
 of Upper Canada. 
 
 Sir Etienne Tache stated that the several gentlemen repre- 
 senting the Province of Canada were Members of the Executive 
 Council of Canada. 
 
 Sir Etienne Tache laid before the Conference a despatch 
 dated 3rd October, 1864 * from His Excellency Sir Richard Graves 
 MacDonnell, K.C.B., Lieutenant-Governor of Nova Scotia, to His 
 Excellency The Governor-General of Canada, stating that he had 
 appointed the following gentlemen to form a deputation to meet 
 the delegates in Conference in Quebec, viz.: — 
 
 The Honourable Charles Tupper, M.P.P., Provincial Secre- 
 tary of Nova Scotia. 
 
 The Honourable William A. Henry, M.P.P., Attorney-General 
 of Nova Scotia. 
 
 The Honourable R. B. Dickey, M.L.C. 
 
 The Honourable Jonathan McCully, M.L.C, and 
 
 Adams G. Archibald, Esquire, M.P.P. 
 
 The Honourable Charles Tupper then laid before the Confer- 
 ence an instrument* under the hand and seal at arms of His Ex- 
 cellency Sir R. G. MacDonnell, Lieutenant-Governor of Nova 
 Scotia, appointing Charles Tupper, William A. Henry, Jonathan 
 McCully, Robert B. Dicke}' and Adams G. Archibald, to be such 
 delegates. 
 
 *See Appendix I.
 
 OF DELEGATES FROM THE PROVINCES. 3 
 
 The Honourable Samuel L. Tilley, Provincial Secretary of 
 New Brunswick, stated tliat in consequence of the late date at 
 which the despatch of His Excellency the Governor-General 
 of Canada to His Excellency the Honourable Arthur H. Gordon, 
 Lieutenant-Governor of New Brunswick, requesting the appoint- 
 ment of Members of the Conference, had been received, it had 
 been found impossible to forward a formal instrument of deleo-a- 
 tion or despatch to that effect, but that he was empowered to 
 present the following as delegates from the Province of New 
 Brunswick to the Conference, viz. : — 
 
 The Honourable Samuel L. Tilley, M.P.P., Provincial Secre- 
 tary of New Brunswick. 
 
 The Honourable William H. Steeves, M.L.C. and a Member 
 of the Executive Council. 
 
 The Honourable J. M. Johnson, M.P.P., Attorney-General of 
 New Brunswick. 
 
 The Honourable P. Mitchell, M.L.C. and a Member of the 
 Executive Council. 
 
 The Honourable E. B. Chandler, M.L.C. 
 
 Lieut.-Colonel the Honourable John Hamilton Gray, M.P.P. 
 
 The Honourable Charles Fisher, M.P.P. 
 
 Sir Etienne Tach^ also laid before the Conference a despatch, 
 dated 6th October, 1864,* from His Excellency George Dundas, 
 Esquire, Lieutenant-Governor of Prince Edward Island, to His 
 Excellency the Governor-General of Canada, stating that he had 
 named the following gentlemen to proceed to Quebec, to be present 
 at the Conference on the 10th October instant, viz.: — 
 
 Colonel the Honourable John Hamilton Gray, M.P.P., Presi- 
 dent of the Executive Council of Prince Edward Island. 
 
 The Honourable Edward Palmer, M.L.C, Attorney-General 
 of Prince Edward Island. 
 
 The Honourable William H. Pope, M.P.P., Colonial Secretary 
 of Prince Edward Island. 
 
 * See Apjiendi.x II.
 
 4 PROCEEDINGS IX CONFERENCE 
 
 The Honourable A. A. Macdonald, M.L.C. 
 The Honourable George Coles, M.P.R 
 The Honourable T. Heath Haviland, M.P.P. 
 The Honourable Edward WhElan, M.P.P. 
 
 The Conference then stood composed of the following gentle- 
 men; — 
 
 CANADA— The Honourable Sir E. P. Tachi5, The Honour- 
 able John A. Macdonald, The Honourable G. E. Cartier, The 
 Honourable George Brown, The Honourable Oliver Mowat, The 
 Honourable Alexander T. Galt, The Honourable W. McDougall, 
 The Honourable T. D'Arcy McGee, The Honourable Alex. Camp- 
 bell, The Honourable J. C. Chapais, The Honourable H. L. 
 Langevin, and the Honourable J. Cockburn. 
 
 NOVA SCOTIA —The Honourable Charles Tupper, The 
 Honourable William A. Henry, The Honourable Jonathan Mc- 
 Cully, The Honourable Robert B. Dickey, and Adams G. 
 Archibald, Esquire. 
 
 NEW BRUNSWICK —The Honourable Samuel L. Tilley, 
 The Honourable W. H. Steeves, The Honourable J. M. Johnson, 
 The Honourable P. Mitchell, The Honourable E. B. Chandler, 
 Lieut.-Col. The Honourable John H. Gray, The Honourable 
 Charles Fisher. 
 
 NEWFOUNDLAND.— The Honourable F. B. T. Carter, 
 The Honourable Ambrose Shea. 
 
 PRINCE EDWARD ISLAND.— Col. The Honourable J. H. 
 Gray, The Honourable E. Palmer, The Honourable W. H. Pope, 
 The Honourable A. A. Macdonald, The Honourable G. Coles, The 
 Honourable T. H. Haviland, The Honourable E. Whelan. 
 
 And the Conference stood accordingly convened. 
 
 It was moved by Colonel the Honourable John Hamilton Gray 
 (of Prince Edward Island), seconded by the Honourable Mr. Tilley, 
 that the Honourable Sir E. P. Tache be Chairman of the Confer- 
 ence. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative.
 
 OF DELEGATES FROM THE PROVIXCES". 5 
 
 It was moved by the Honourable Mr. Campbell, seconded by 
 the Honourable ]\Ir. McGee : — 
 
 That the Provincial Secretaries of each of the Provinces represented at the Confer- 
 ence, and the Honourable Mr. Shea, of Newfoundland, be the Joint Secretaries of the 
 Conference. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonald, 
 seconded b}^ the Honourable Mr. Tupper : — 
 
 That the sittings of the Conference be held on each day (Sundays e.xcepted) from 
 eleven o'clock in the forenoon to four o'clock in the afternoon. 
 
 And the question of concurrence being- put thereon, the same 
 was resolved in the affirmative. 
 
 It was moved by the Honourable Mr. Palmer, seconded by 
 the Honourable Mr. Dickey : — 
 
 That in taking the votes on all questions to be decided by this Conference, except 
 questions of order, each Province or Colonj', by whatever number of delegates repi-esented, 
 shall have one vote, and that in voting Canada be considei'ed as two Pi'ovinces. 
 
 And after debate the further consideration of the same was 
 postponed until to-morrow. 
 
 It was moved by the Honourable Mr. John A. Macdonald, 
 seconded by the Honourable Mr. Tilley : — 
 
 That the best interests and present and future prosperity of British North America 
 will be promoted by a Federal Union under the Crown of Great Britain, provided such 
 union can be effected on principles just to the several Provinces. 
 
 And durino- debate, — 
 
 .The hour of four o'clock ensuino^, the Chairman declared the 
 Conference continued until to-morrow. 
 
 TUESDAY, llTH OCTOBER, 1864. 
 
 The Chairman took the chair at eleven o'clock a.m., vrhen the 
 members were convened.* 
 
 The Honourable Mr. McDougall stated that the Joint Secre- 
 taries of the Conference having met, had arrived at the conclusion 
 that, to enable them to give their undisturbed attention to the 
 
 *' All save Mr. Carter, absent through indisposition, and Mr. Whelan.
 
 6 PROCEEDINGS IN CONFERENCE 
 
 matters of the Conference, they thought it advisable that an Execu- 
 tive Secretary should be appointed, and that they accordingly re- 
 commended that Mr. Hewitt Bernard, Chief Clerk of the Crown 
 Law Department of Upper Canada, slioukl be appointed as such 
 Executive Secretary. 
 
 And the question of concurrence being then put, the same was 
 resolved in the affirmative. 
 
 The Conference resumed the consideration of the motion : — 
 
 That in taking the votes on all questions to be decided by this Conference, except 
 questions of order, each Province or Colon}', by whatever number of delegates represented^ 
 shall have one vote, and that in voting Canada be considered as two Provinces. 
 
 And after debate, — 
 
 The question of concurrence being put thereon, the same was 
 unanimously resolved in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonald, 
 seconded by the Honourable Mr. Tilley, that the order of the pro- 
 ceedings in Conference shall be as follows : — 
 
 (1) Free individual discussion and suggestion to be allowed. 
 
 (2) That all motions and tlie discussions and votes thereon be in the first place as 
 if in Committee of the Whole. 
 
 (3) That after vote put no discus.sion be allowed. 
 
 (4) That each Province may retire for consultation after vote put. 
 
 (5) That after the scheme is settled in Committee of the Whole, all the resolutions 
 be reconsidered, as if with Speaker in the chair. 
 
 (6) That just before the breaking up of the Conference, the Minutes be carefully 
 gone over and settled, with the view of determining what is to be submitted to the Im- 
 perial and Provincial Governments, and what to be published for general information. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 The Conference resumed the further consideration of the 
 motion : — 
 
 That the bast interests and present and future prosperity of British North America 
 will be promoted by a Federal Union under the Crown of Great Britain, provided such 
 union can be effected on principles just to the several Provinces. 
 
 And after debate, — 
 
 The question of concurrence being put thereon, the same war 
 unanimously resolved in the affirmative.
 
 OF DELEGATES FROM THE PROVINCES. 7 
 
 It was moved by the Honourable Mr. Brown, seconded by- 
 Mr. Arcliibald :— 
 
 That in the Federation of the British North American Provinces the system of 
 government best adapted under existing circumstances to protect the diversified interests 
 of the several Provinces and secure efficiency, harmony and permanency in the working 
 of the Union, would be a General Government, charged with matters of common interest 
 to the whole country ; and Local Governments ff)r each of the Canadas and for the 
 Maritime Provinces, charged with the control of local matters in their respective 
 sections, provision being made for the admission into the Union on equitable terms of 
 the Xorth-West Territory, British Columbia and Vancouver. 
 
 And during debate, — 
 
 The hour of four o'clock ensuing, the Chairman declared the 
 Conference continued until to-morrow. 
 
 WEDNESDAY, 12th OCTOBER, 1864 
 
 The Chairman took the chair at eleven o'clock a. m., when the 
 members were convened.* 
 
 The Honourable Mr. Carter and the Honourable Mr. Whelan 
 severally rose and stated that they had been unable to attend at 
 the sitting yesterday, but that they cordially supported the 
 resolutions passed on that day, and desired to be considered as 
 having severally voted therefor. 
 
 The Chairman laid before the Conference the following letter 
 from Mr. S. P. Day and others, requesting information of the 
 proceedings of the Conference for publication through the press : — 
 
 To The Honourable Sir Etienne P. Tachi^, 
 
 &c., &c., &c., 
 
 Chairman of the Intercolonial Conference. 
 
 Sir, — The undersigned, representatives of English and 
 Canadian newspapers, find that it would be impossible for them 
 satisfactorily to discharge their duties if an injunction of secrecy 
 be imposed on the Conference and stringently carried into effect. 
 They therefore beg leave to suggest whether, while the remarks of 
 individual members of your body are kept secret, the propositions 
 made and the treatment they meet with, might not advantageously 
 
 * All save Colonel Gray, of Prince Edv.-ard Island, absent through indisposition.
 
 8 PROCEEDINGS IN CONFERENCE 
 
 be made public, and whether such a course would not best accord 
 with the real interests committed to the Conference. Such a kind 
 of compromise between absolute secrecy and unlimited publicity is 
 usually, we believe, observed in cases where an European Congress 
 holds the peace of the world and the fate of nations in its hands. 
 
 And we have thought that the British American Conference 
 might perhaps consider this precedent not inapplicable to the 
 present case. Such a course would have the further advantage of 
 preventing ill-founded and mischievous rumours regarding the 
 proceedings from obtaining currenc}'. 
 
 We have the honour to be. Sir, 
 
 Your very obt. humble servants, 
 
 S. PHILLIPS DAY, 
 CHARLES LINDSEY, 
 B. CHAMBERLIN. 
 
 It was resolved, — 
 
 That the same be referred to the Secretaries of the Conference to prepare an answer 
 declining the proposition made. 
 
 The Conference then resumed the consideration of the 
 motion : — 
 
 That in the Federation of the British North American Provinces, the system of 
 government best adapted, under existing circumstances, to protect the diversified 
 interests of the several Provinces and secure efficiency, harmony and permanency in the 
 working of the Union, would be a General Government, charged with matters of common 
 interest to the whole country ; and Local Governments for each of the Canadas and for 
 the Maritime Provinces, charged with the control of local matters in their respective 
 sections, provision being made for the admission into the Union on equitable terms of 
 the Ncrth-West Territory'', British Columbia and Vancouver. 
 
 And after debate, — 
 
 The question of concurrence being put thereon, the same was 
 unanimously resolv^ed in the affirmative. 
 
 The Honourable Mr. Shea rose and suggested that it would 
 tend to the despatch of business before the Conference if the 
 several resolutions intended to be moved were prepared in advance 
 by a committee composed of the delegates of Canada, and 
 
 It was unanimously resolved : — 
 
 That the Conference should adjourn for such juirpose.
 
 OF DELEGATES FROM THE PROVINCES. 9 
 
 The Chairman, therefore, deekT,red the Conference continued 
 until to-morrow morninir. 
 
 THURSDAY, 13th OCTOBER, 1864. 
 
 The Chairman took the chair at eleven o'clock a.m., when the 
 members were convened. 
 
 It was moved by the Honourable Mr. Brown, seconded by 
 the Honourable Mr. Henry ; — 
 
 That the pi'oposed Union shall at present embrace the following Provinces : 
 Upper Canada, 
 Lower Canada, 
 Nova Scotia, 
 ' New Brunswick, 
 
 Newfoundland, and 
 Prince Edward Island. 
 
 And after debate, — 
 
 The question of concurrence being put thereon, the same was 
 unaniraousl}^ resolved in the affirmative. 
 
 It was moved by the Honourable Mr. Fisher, seconded by the 
 Honourable Mr. Dickey : — 
 
 That the constitution of the General and Local Governments shall be framed upon 
 the British model so far as is consistent with our colonial condition, and with a view to 
 the perpetuation of our connection with the Mother Country. 
 
 It was then moved in amendment by the Honourable Mr. 
 Tupper, seconded by the Honourable Mr. Mitchell : — 
 
 That while it is the av'owed desire of this Conference to perpetuate the connection 
 with the parent state by every means in our power, it is not judicious to fetter our 
 actions by the passage of a resolution of a simple declaratory character, and which may 
 embarrass our action in the selection of the best means of providing for the general and 
 local government of the country. 
 
 It was then moved in amendment to the said proposed 
 amendment by the Honourable Mr. Tillej^ seconded by 
 Mr. Archibald : — 
 
 That in framing a Constitution for the General Government, the Conference, with 
 a view to the perpetuation of our connection with the Mother Country, and to the pro- 
 motion of the best interests of the people of these Provinces, desire to follow the model 
 of the British Constitution, so far as our circumstances will permit.
 
 10 PROCEEDINGS IN CONFERENCE 
 
 And after debate, — 
 
 The question of concurrence was put thereon, and the Confer- 
 ence divided ; and the names of the Provinces were taken down as 
 follows : — 
 
 CONTENTS. 
 
 Canada 2 
 
 New Brunswick . . 1 
 
 Newfoundland 1 
 
 4 
 
 NON-CONTENTS. 
 
 Nova Scotia 1 
 
 Prince Edv^ard Island 1 
 
 The amendment to the amendment accordingly passed in the 
 affirmative. 
 
 It was then moved by the Honourable Mr. John A. Mac- 
 donald, seconded by Colonel the Honourable John Hamilton Gray, 
 (of Prince Edward Island) : — 
 
 That there shall be a General Legislature for the Federated Provinces composed of 
 a Legislative Council and Legislative Assembly. 
 
 And after debate,— 
 
 The question of concurrence being put thereon, the same was 
 unanimously resolved in the affirmative. 
 
 The following reply to the letter of Mr. S. P. Day and others 
 was read and ordered to be sent :. — 
 
 Conference Chamber, Parliament House, 
 
 October 13, 1864. 
 
 Gentlemen, — I am desired to inform you that Sir Etienne P. 
 Tache, Chairman of the Conference of Delegates from the several 
 British North American Provinces, has laid before the Conference 
 your letter of the -llth instant, in which you suggest whether, 
 whilst the remarks of individual members of the Conference are
 
 OF DELEGATES FEOM THE PROVIN'CES. 11 
 
 kept secret, the propositions made and the treatment they meet 
 with may not be advantageously made public, and whether such a 
 course would not best accord with the real interests committed to 
 the Conference. 
 
 I am to say that, whilst the members of the Conference fully 
 appreciate the motives by which you are actuated in your com- 
 munication, and are equally sensible of the deep interest naturally 
 felt by the people of the several British North American Provinces 
 in the objects of the Conference, they cannot but feel that it is 
 inexpedient, at the present stage of the proceedings, to furnish 
 information which must, of necessity, be incomplete ; and that no 
 communication of their proceedings can properly be made until 
 they are enabled definitely to report the issue of their deliberations 
 to the Governments of the respective Provinces. 
 
 I have the honour to be, gentlemen, 
 
 Your very obedient servant, 
 For the Secretaries of the Conference, 
 
 H. BERNARD, 
 
 Executive Secretary. 
 
 It was moved by the Honourable Mr. John A, Macdonald, 
 seconded by the Honourable Mr. Mowat : — 
 
 That for the purpose of forming the Lefifislative Council, the Federated Provinces 
 shall be considered as consisting of thi'ee divisions. 1st, Upper Canada ; 2nd, Lower 
 Canada ; and 3rd, the four Maritime Provinces, and each division shall be represented 
 in the Legislative Council by an equal nimiber of members. 
 
 It was moved in amendment by the Honourable Mr. Tilley, 
 seconded by the Honourable Mr. Dickey : — 
 
 That the Legislative Council in the Federal Legislature be composed as follows : 
 
 Upper Canada 24 
 
 Lower Canada 24 
 
 Nova Scotia, New Brunswick, Newfoundland, and Prince Ed- 
 ward Island o2 
 
 80 
 
 And during debate, — 
 
 The hour of four o'clock ensuing, the Chairman declared the 
 Conference continued until to-morrov/.
 
 12 PilOCEEDIXGS IN CONFEREXCE 
 
 FRIDAY, 14th OCTOBER, 1864. 
 
 The Chairman took the chair at eleven o'clock a.m., when the 
 members were convened*. 
 
 The Conference resumed consideration of Mr. Tilley's amend- 
 ment to the motion of Mr. John A. Macdonald respecting the com- 
 position of the Legislative Council. 
 
 And after debate thereon arising, the amendment was by per- 
 mission of the Conference withdrawn. 
 
 It was moved in amendment b}' the Honourable Mr. Tupper : — 
 
 That for the purpose of fonning the Legislative Council the Federated Provinces 
 shall be considered as consisting of three divisions : 1st, Upper Canada ; 2nd, Lower 
 Canada ; 3rd, Nova Scotia, New Brunswick and Prince Edward Island, with equal re- 
 presentation in the Legislative Council, and the Island of Newfoundland, to which ad- 
 ditional representatives shall be allotted. 
 
 And during debate, — 
 
 The hour of four o'clock arriving, the Chairman declared the 
 Conference continued until to-morrow. 
 
 SATURDAY, 15th OCTOBER, 1864. 
 
 The Chairman took the chair at eleven o'clock a.m., when the 
 members were convened. 
 
 It was moved b}^ the Honourable Mr. John A. Macdonald : — 
 
 That on and after Monday next the Conference commence its sittings at ten o'clock 
 a.m., and sit until two o'clock p.m., and that it re-assemble at 7.30 p.m., and sit until 
 adjourned on motion. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 The Conference then resumed consideration of the amend- 
 ment of the Honourable Mr. Tupper to the motion of the Honour- 
 able Mr. John A. Macdonald respecting the composition of the 
 Legislative Council. 
 
 * All save Colonel Gray, of Prince Edward Island, absent through indisposition.
 
 OF DELEGATES FROM THE PROVIXCES. 13 
 
 And after debate, — 
 
 It was moved in amendment to the said proposed amendment 
 by the Honourable Mr. Fisher : — * 
 
 That for the purpose of representation in the Legrislative Council, the Confedera- 
 tion shall be divided into three divisions : — Upper Canada, Lower Canada, and the 
 ^laritinie Provinces, including Newfoundland, and that the apportionment amongst 
 them shall be as follows : — Upper Canada, 30 ; Lower Canada, 30 ; Nova Scotia, 10 ; 
 New Brunswick, 10 ; Newfoundland, 5 ; Prince Edward Island, 5. 
 
 And during debate, — 
 
 And at the hour of half-past two p.m., a motion for adjourn- 
 ment being carried, the Chairman declared the Conference con- 
 tinued until Monday, the 17th instant. 
 
 MONDAY, 17th OCTOBER, 1864 
 
 The Chairman took the chair at ten o'clock a.m., when the 
 members were convened. f 
 
 The resolution passed on the 12th instant was amended to 
 read as follows : — 
 
 That in the Federation of the British American Provinces the system of govern- 
 ment best adapted under existing circumstances to protect the diversified interests of the 
 several Provinces and secure efficiency, harmony and permanency in the working of the 
 Union, would be a General Government, charged with matters of common interest to the 
 whole country ; and Local Governments for each of the Canadas and for the Provinces of 
 Nova Scotia, New Brunswick and Prince Edward Island, charged with the control of 
 local matters in their respective sections, provision being made for the admission into the 
 Union on equitable terms of Newfoundland, the North-West Territory, British Columbia 
 and Vancouver. 
 
 The Conference resumed consideration of the amendment of 
 the Honourable Mr. Fisher respecting the constitution of the 
 Legislative Council. 
 
 And after debate thereon arising, the amendment was, by 
 permission of the Conference, withdrawn. 
 
 The Conference resumed consideration of the amendment of 
 the Honourable Mr. Tupper to the motion of the Honourable Mr. 
 
 * After this date the names of the seconders are not given. 
 + All save Messrs. McGee, Palmer and Henry.
 
 14 PROCEEDINGS IX CONFERENCE 
 
 John A. Macdonald respecting the composition of the Legislative 
 Council. 
 
 And after debate, — 
 
 And the same being amended, the question of concurrence 
 was put thereon, and it was resol ved ; — 
 
 That for the purpose of forming the Legislative Council the Federated Provinces 
 shall be considered as consisting of tliree divisions : — 1st, Upper Canada ; 2nd, Lower 
 Canada ; 3rd, Nova Scotia, New Brunswick and Prince Edward Island, with equal 
 representation in the Legislative Council. 
 
 It was moved b}'' the Honourable Mr. John A. Macdonald ; — 
 
 That Upper Canada be represented in the Legislative Council by 24 members. 
 Lower Canada by 2-1 members, and the three Maritime Provinces by 24 members, of 
 which Nova Scotia shall have 10, New Brunswick 10, and Prince Edward Island 4 
 members. 
 
 And the question of concurrence being put thereon, the same 
 was unanimousl}^ resolved in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 Tliat the Colony of Newfoundland, having sent a deputation to this Conference, be 
 now invited to enter into the proposed Confederation, with a representation in the 
 Legislative Council of four members. 
 
 And the question of concurrence being put thereon, the same 
 was unanimously resolved in the affirmative. 
 
 And the foregoing resolution having been communicated to 
 the Newfoundland delegates, the invitation was accepted, the right 
 being reserved by them to i^ress their claims for an increased 
 representation in the Legislative Council. 
 
 And the hour of two o'clock p.m. ensuing, the Chairman 
 declared the Conference continued until half-past seven o'clock in 
 the evening. 
 
 And at half-past seven o'clock p.m. the Chairman took the 
 chair, when the members were convened.* 
 
 It was moved by the Honourable Mr. John A. Macdonald: — 
 
 That the members of the Legislative Council shall be appointed by the Crown 
 under the Great Seal of the General Government and shall hold office during life. 
 
 And during debate, — 
 
 And at the hour of twelve o'clock noon, a motion for adjourn- 
 ment being carried, the Chairman declared the Conference continued 
 until to-morrow. 
 
 *A11 .save Messrs. Campbell, McGee, Pope and Henry.
 
 OF DELEGATES FKOM THE PROVINCES. 15 
 
 TUESDAY, 18th OCTOBER, 1864. 
 
 The Chairman took the chair at ten o'clock a.m., when the 
 members were convened. 
 
 The Conference resumed consideration of the motion before 
 them respecting the mode of appointment of members of the 
 Legishitive Council. 
 
 And after debate, — 
 
 The question of concurrence being put thereon, the same was 
 unanimously resolved in the affirmative. 
 
 It was proposed by the Honourable Mr. John A. Macdonald: — 
 
 That the members of the Legislative Council shall be British subjects, by birth or 
 naturalization, of the full age of thirty years, shall possess a real property qualification 
 of four thousand dollars over and above all incumbrances, and be worth that amount 
 over and above their debts and liabilities. 
 
 And after debate, — 
 
 The question of concurrence being put thereon, the same was 
 unanimously resolved in the affirmative. 
 
 And the hour of two o'clock p.m. ensuing, the Chairman 
 declared the Conference continued until half-past seven o'clock in 
 the evening. 
 
 And at half-past seven o'clock in the evening the Chairman 
 took the chair, when the members were convened. 
 
 It was moved by the Honourable Mr. Tupper : — 
 
 That the members of the Legislative Council for the General Government shall in 
 the first instance be selected from the Legislative Councils of the various Provinces, 
 with the exception of Prince Edward Island, so far as a sufficient number be found 
 qualified and willing to serve. 
 
 It was moved in amendment b}- the Honourable Mr. McCulh": — 
 
 That it shall be competent for each Province to provide in this Conference its own 
 method for selecting the members of the Legislative Council at its first formation. 
 
 And after debate, — 
 
 The said amendment was by leave of the Conference with- 
 drawn.
 
 16 PROCEEDINGS IN CONFERENCE 
 
 It was moved in amendment by the Honourable Mr. Coles : — 
 
 That the first nomination for the upper branch of the united Legislature shall be 
 open to all duly qualified persons in each Province or Colony. 
 
 And at the hour of half-past eleven o'clock p.m., a motion for 
 adjournment being carried, the Cliairman declared the Conference 
 continued until to-morrow. 
 
 WEDNESDAY, 19th OCTOBER, 1864. 
 
 The Chairman took the chair at ten o'clock a.m., when the 
 members were convened. 
 
 The Conference resumed consideration of the motion of the 
 Honourable Mr. Tupper respecting the selection of members of^ 
 the Legislative Council, and of the motion of the Honourable Mr. 
 Coles in amendment thereto. 
 
 And after debate, — 
 
 And the question of concurrence being put on the amendment- 
 of the Honourable Mr. Coles, the Conference divided, and the 
 names of the Provinces were taken down as follows : — 
 
 CONTENTS, 
 
 Prince Edward Island 1 
 
 NON-CONTENTS. 
 
 Canada 2 
 
 Nova Scotia 1 
 
 New Brunswick 1 
 
 Newfoundland 1 
 
 5 
 
 So it passed in the negative. 
 
 And the question of concurrence being put on the motion of 
 the Honourable Mr. Tupper, the Conference divided, and the 
 names of the Provinces were taken down as follows : —
 
 OF DELEGATES FROM THE PROVINCES. 17 
 
 CONTENTS. 
 
 Canada 2 
 
 Nova Scotia ] 
 
 New Brunswick 1 
 
 Newfoundland 1 
 
 NON-CONTENTS. 
 
 Prince Edward Island 
 
 So it passed in the affirmative. 
 
 It was moved by the Honourable Mr. Gait : — 
 
 That in the first instance, the members to be chosen for the Legislative Council of 
 the United Provinces, excepting Prince Edward Island, shall be chosen by lot from the 
 existing members of the Legislative Councils of the several Maritime Provinces, and of 
 those sitting in Canada from Upper and Lower Canada respectively. 
 
 And after debate, — 
 
 And the question of concurrence being put thereon, the Con- 
 ference divided, and the names of the Provinces v/ere taken down, 
 as follows : — 
 
 CONTENTS. 
 
 Canada 2 
 
 NON-CONTENTS. 
 
 Nova Scotia 1 
 
 New Brunswick 1 
 
 Newfoundland 1 
 
 3 
 
 Prince Edward Island did not vote. 
 
 So the motion passed in the negative. 
 
 It was moved by the Honourable j\Ir. Shea : — 
 
 That such first selection shall be made by the Local Government of each Province, 
 so far as a sufficient number be found as aforesaid ; and in case such sufficient number 
 cannot be found, then the Local Government shall name for appointment other duly 
 qualified parties to make up the deficiency ; provided that the Government of Canada 
 
 POPE CON. — 2
 
 18 PROCEEDINGS IN CONFERENCE 
 
 shall select for both sections of Canada, and that t'^e Government of Prince Edward Is- 
 land shall name for appointment the whole number of the Legislative Councillors allotted 
 to it. 
 
 And after debate, — 
 
 The motion of the Honourable Mr. Shea was by leave of the 
 Conference withdrawn. 
 
 It was moved by Mr. Archibald : — 
 
 That in the selection of members of the first Federal Legislative Council, each 
 Province shall be governed by such rules now to be agreed upon as are considered by the 
 Conference most suitable to the circumstances of the particular Provinces. 
 
 It was moved in amendment by the Honourable Mr. Mc- 
 Cully :— 
 
 That the Legislative Council shall, in the first instance, be chosen in Canada by 
 ballot, and in the other Provinces by the Executive Governments. 
 
 And after debate, — 
 
 The said motion of Mr. Archibald and the proposed amend- 
 ment of the Honourable Mr. McCully were by leave of the 
 Conference withdrawn. 
 
 It was moved by the Honourable Mr. McCully : — 
 
 That the members of the first Legislative Council in the Federal Legislature shall 
 "be appointed by the Crown at the recommendation of the Federal Executive Govern- 
 ment, upon the nomination of the respective Local Governments, and that in such 
 nomination due regard be had to the claims of the members of the Legislative Council 
 of the Opposition in each Province, so that all political parties be as nearly as possible 
 fairly represented. 
 
 And after debate, — 
 
 And the question of concurrence being put on the motion of 
 the Honourable Mr. McCully, the same was unanimously resolved 
 in the affirmative. 
 
 The Honourable Peter Mitchell, a delegate from New 
 Brunswick, rose and stated his regret that private business im- 
 peratively required him to leave the Conference and to return to 
 Nev/ Brunswick, and he requested leave of absence accordingly. 
 
 It was unanimously resolved, — 
 
 That leave of absence be granted to the Honoui-able Mr. Mitchell for the residue of 
 the sittings of the Conference.
 
 OF DELEGATES FROM THE PROVINCES. 19 
 
 And the hour of two o'clock ensuing, the Chairman declared 
 the Conference continued until half-past seven o'clock in the 
 evening. 
 
 And at half-past seven o'clock the Chairman took the chair, 
 when the members were convened. 
 
 It was moved by the Honourable Mr. Brown : — 
 
 That the basis of representation in the House of Commons shall be papulation, as 
 determined by the official census every ten years ; and that the number of members at 
 first shall be 200 — distributed as follows : — 
 
 Upper Canada 89 
 
 Lower Canada 65 
 
 Nova Scotia 19 
 
 New Brunswick 15 
 
 Newfoundland 7 
 
 Prince Edward Island 5 
 
 That each section shall distribute its representatives in such electoral divisions as 
 it deems best ; 
 
 That until the official census of 18S1 has been made up, there shall be no change in 
 the numbers of the representatives from the several sections ; 
 
 That immediately after the completion of the census of 18S1, and immediately after 
 every decennial census thereafter, the representation in each section shall be re-adjusted 
 on the basis of population ; 
 
 That for the purpose of such re-adjustments, Lov.-er Canada shall always be 
 assigned si.\ty-five members, and each of the other sections shall at each such re-adjust- 
 ment 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 then just taken by having sixty-tive members. 
 
 That no reduction shall be made in the number of members returned by any section, 
 unless its population shall have decreased relatively to the whole population of the whole 
 federation to the extent of five jjer centuvi or over ; 
 
 That 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 member shall be given for each such 
 fractional part ; 
 
 That the number of members may at any time be increased by the Federal 
 Parliament — regard being had to the proportionate rights then existing. 
 
 And after debate, — 
 
 And the question of concurrence being put on the motion of
 
 20 PROCEEDI>JG.S IN CONFERENCE 
 
 the Honourable Mr. Brown, the Conference divided, and the names 
 of the Provinces were taken down as follows : — 
 
 CONTENTS. 
 
 Canada 2 
 
 Nova Scotia 1 
 
 New Brunswick 1 
 
 Newfoundland 1 
 
 5 
 
 NON-CONTENTS. 
 
 Prince Edward Island 1 
 
 So it passed in the affirmative. 
 
 And the hour of ten o'clock p.m. ensuing, and a motion for 
 adjournment being carried, the Chairman declared the Conference 
 continued until to-morrow. 
 
 THURSDAY, 20th OCTOBER, 1864. 
 
 The Chairman took the chair at ten o'clock a.m., when the 
 members were convened. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That the Leg-islature of each Province shall divide such Province into the proper 
 number of constituencies and define the boundaries of each of them. 
 
 And the question of concurrence being put thereon, the same 
 was unanimously resolved in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That there shall be a session of the Legislative Council and Assembly once at least 
 in every year, so that a period of twelve calendar months shall not intervene between 
 the last sitting of (he Legislative Council and Assembly in one session and the first 
 sitting of the Legislative Council and Assembly in the next session. And every Legis- 
 lative Assembly shall continue for five years from the day of the return of the writs 
 choosing the same, and no longer; subject nevertheless to be sooner prorogued or dissolved 
 by the Governor. 
 
 And after debate, — 
 
 And the question of concurrence being put on the above 
 motion, the same was unanimously resolved in the affirmative.
 
 OF DELEGATES FROM THE PROVINCES. 21 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That until provision shall otherwise be marie by the Legislature of the Federated 
 Provinces, all tlie lavs which, at the date of the proclamation constituting such Con- 
 federation, 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 the powers 
 and duties thereof, and the proceedings at elections, and the period during which such 
 elections may be continued, and relating to the trial of controverted elections, and the 
 proceedings incident thereto, and to the vacating of seats of members, and the issuing 
 and execution of new writs in case of any seat being vacated otherwise than by a dissolu- 
 tion, shall respectively be applied to elections of members to serve in the Legislative 
 Assembly of the Federated Provinces, for places situate in those Provinces respectively for 
 which such laws were passed. 
 
 And the question of concurrence being put thereon, the same 
 was unanimously resolved in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That the Executive authority or Government shall be vested in the Sovereign of 
 the United Kingdom of Great Britain and Ireland, and be administered according to 
 the well understood principles of the British Constitution by the Sovereign personally or 
 by representative duly authorized. 
 
 And the question of concurrence being- put thereon, the same 
 was unanimously resolved in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That the Sovereign or representative of the Sovereign shall be Commander-in- 
 Chief of the Land and Naval Militia Forces. 
 
 And the question of concurrence being put thereon, the same 
 was unanimously resolved in the affirmative. 
 
 It was moved by the Honourable Mr. Brown : — 
 
 That in the Local Government there shall be but one Legislative Chamber. 
 
 And after debate, — 
 
 The said motion was by leave of the Conference with- 
 drawn. 
 
 And the hour of two o'clock p.m. arriving, the Chairman de- 
 clared the Conference continued until half-past seven o'clock p.m. 
 
 And at half-past seven o'clock p.m. the Chairman took the 
 chair, when the members were convened.
 
 22 - PROCEEDINGS IN CONFERENCE 
 
 It was moved by the Honourable Mr. McCully : — 
 
 That with a view of reducing the expenses of the Local Goveraments, it .shall b& 
 left to each Province to recommend the reconstruction of its local constitution in such 
 a way as shall be most acceptable to its own Legislature ; provided that in such recon- 
 struction nothing be contained inconsistent with the constitution of the Federal Govern - 
 ment. 
 
 And the question of concurrence beinc^ put on the motion of 
 the Honourable Mr. McCully, the same was unanimously resolved 
 in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That for each of the Provinces there shall be an executive officer, styled the 
 Lieutenant-Governor, who shall be appointed by the Governor- General in Council under 
 the Great Seal of the Federated Provinces during pleasure, such pleasure not to be exer- 
 cised before the expiration of the first five years except for cause, such cause to be com- 
 municated in writing to the Lieutenant-Governor immediately after the exercise of the 
 pleasure as aforesaid, and also by message to both Houses of the General Legislature 
 within the first week of the first session afterwards. 
 
 And after debate, — 
 
 And the question of concurrence being put on the motion of 
 the Honourable Mr. Macdonald, the same was unanimously re- 
 solved in the affirmative. 
 
 And at ten o'clock p.m., a motion for adjournment being- 
 carried, the Chairman declared the Conference continued until to- 
 morrow. 
 
 FRIDAY, 21sT OCTOBER, 1864. 
 
 The Chairman took the chair at ten o'clock a.m., when the 
 members were convened. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That it .shall be competent for the General Legislature to 
 make laws for the peace, welfare and good government of the 
 Federated Provinces (saving the sovereignty of England), and 
 especially laws respecting : — 
 
 1. Trade and commerce. 
 
 2. The imposition or regulation of duties of customs on imports and exports. 
 
 3. The imposition or regulation of excise duties.
 
 OF DELEGATES FROM THE PROVINCES. 23 
 
 i. All or any other modes or systems of taxation. 
 
 5. Currency and coinage. 
 
 G. The borrowing- of money on the public credit. 
 
 7 . Banking and the issue of paper money. 
 
 8. Tlie law relating to bills of exchange and promissory notes. 
 U. The rate of interest. 
 
 10. Legal tender. 
 
 11. Weights and measures. 
 1*2. Postal service. 
 
 13. Bankruptcy and insolvent laws operating as a discharge of the debtor. 
 
 14. Beacons and lighthouses. 
 
 15. Ocean navigation and shipping. 
 
 16. Sea fisheries. 
 
 17. Patents of invention and discovery. 
 
 18. Copy Rights. 
 
 1-). Telegraphic communication and the incorporation of telegraph companies. 
 
 20. Naturalization. 
 
 21. Marriage and divorce. 
 
 22. The taking of the census. 
 
 23. Militia — Military and naval service and defence. 
 
 24. Immigration. 
 
 25. Agriculture. 
 
 26. The criminal law (except the constitution of Courts of Criminal Jurisdiction). 
 
 27. Roads, bridges, lines of steam or other ships, railways, canals and other works 
 connecting any two or more of the Provinces together or extending beyond the limits of 
 any one Province. 
 
 28. All such works as shall, although lying wholly within any one Province, b e 
 specially declared by the Acts authorizing them to be for the general advantage. 
 
 29. The establishment of a general Court of Appeal for the Federated Provinces, 
 
 30. Subsidies or grants in aid of the Local Governments. 
 
 31. The public debt and public property. 
 
 32. And generally respecting all matters of a general character, not specially and 
 exclusively reserved for the Local Governments and Legislatures. 
 
 And after debate, — 
 
 It was moved in amendment by the Honourable Mr. Mc- 
 Cully :— 
 
 That item number 25, " Agriculture," be struck out of the re- 
 solution before the Conference. 
 
 And the Conference divided upon the amendment of the
 
 24 PROCEEDINGS IN CONFERENCE 
 
 Honourable Mr. McCully, and the names of the Provinces were 
 taken down as follows : — 
 
 CONTENTS None 
 
 NON-CONTENTS. 
 
 Canada 2 
 
 Nova Scotia , 1 
 
 New Brunswick 1 
 
 Newfoundland 1 
 
 Prince Edward Island 1 
 
 6 
 
 So it passed in the negative. 
 
 It was moved by the Honourable Mr. Tilley to strike from 
 item number 27 the words " Roads and Bridges." And the ques- 
 tion of concurrence being put thereon, the same was unanimously 
 resolved in the affirmative. 
 
 And after further debate, — 
 
 And the adoption b}^ the Honourable Mr. John A. Macdonald 
 of certain amendments to his motion, the question of concurrence 
 was put thereon, and the same was resolved in the affirmative as 
 follows :— 
 
 That it shall be competent for the General Legislature to make laws for the peace, 
 welfare and good government of the Federated Provinces (saving the sovereignty of 
 England), and especially laws respecting, — 
 
 1. Trade and commerce. 
 
 2. The imposition or regulation of duties of Customs on imports and exports. 
 
 3. The imposition or regulation of excise duties. 
 
 4. All or any other modes or systems of taxation. 
 
 5. Currency and coinage. 
 
 fi. The borrowing of money on the public credit. 
 
 7. Banking and the issue of paper money. 
 
 8. The law relating to bills of exchange and promissory notes. 
 
 9. Interest. 
 
 10. Legal tender. 
 
 11. Weights and measures. 
 
 12. Postal service. 
 
 13. Bankruptcy and insolvency. 
 
 14. Beacons, buoys and lighthouses.
 
 OF DELEGATES FROM THE PROVINCES. 25 
 
 15. Navigation and hipping. 
 
 16. Sea fisheries. 
 
 17. Patents of invention and discovery. 
 
 18. Copy Rights. , 
 
 19. Telegraphic communication and the incorporation of telegraph companies. 
 
 20. Naturalization and aliens. 
 
 21. Marriage and divorce. 
 
 22. The census. 
 
 23. Militia — Military and naval service and defence. 
 21. Immigration. 
 
 25. Agriculture. 
 
 26. The Criminal Law (except the constitution of Courts of Criminal Jurisdiction). 
 
 27. Lines of steam-ships or other ships, railways and canals ccmnecting any two or 
 more of the Provinces together. 
 
 28. Lines of steam-ships between the Federated Provinces and other countries. 
 
 And at the hour of half-past four o'clock p.m., a motion for 
 adjournment being carried, the Chairman declared the Conference 
 continued until to-morrow at twelve o'clock noon. 
 
 SATURDAY, 22nd OCTOBER, 1864. 
 
 The Chairman took the chair at twelve o'clock, when the 
 members were convened. 
 
 It was moved by the Honourable Mr. Gait : — 
 
 1. That the Confederation shall be vested at the time of the union with all cash, 
 bankers' balances, and other cash securities of each Province. 
 
 2. That the Confederation shall be vested with the public works and property of 
 each Province, to wit : — 
 
 Canals ; 
 
 Public harbours ; 
 
 Lighthouses ; 
 
 Steamboats, dredges and public vessels ; 
 
 River and lake improvements ; 
 
 Railroads, mortgages, and other debts due by railroad companies ; 
 
 Military roads ; 
 
 Public buildings, custom houses and post offices, except such as may be set aside 
 
 for the use of the Local Legislatures ; 
 Property transferred by the Imperial Government and known as ordnance 
 
 property ; 
 Armouries, drill sheds, militai-y clothing and munitions of war ; 
 Lands set apart for public purposes.
 
 26 ' PROCEEDINGS IX CONFERENCE 
 
 3. The several Provinces shall remain each vested with all public property 
 therein, except such as is hereinbefore vested in the Confederation, subject to the right 
 of the Confederation to assume any lands or public property required for fortifications 
 or the defence of the country. 
 
 i. The Confederation shall assume all the debts and liabilities of each Province. 
 
 The debt of Canada, not specially assumed by Upper and Lower Canada 
 respectively, shall not exceed at the time of the vmion §62,500,000. 
 
 New Brunswick and Nova Scotia shall be at liberty to prosecute the works already 
 authorized by their Legislatures within five years from this date ; provided the total 
 amount of their liabilities does not exceed for — 
 
 Nova Scotia SS,000,000 
 
 New Brunswick 7,000,000 
 
 Newfoundland and Prince Edward Island, not having incurred debts equal to 
 those of the other Provinces, shall be entitled to receive by half-5'early payments in 
 advance from the Confederation 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 jjer head of the population of Canada, Nova Scotia and New 
 Brunswick. 
 
 5. In consideration of the ti'ansfer to the General Legislature of the powers of 
 taxation, a grant in aid of each Province shall be made, equal to an amount of 80 
 cents per head of the i>opulation, as established by the census of 1S61 ; Newfoundland 
 being estimated at 130,000 inhabitants. Such aid to be in full settlement of all future 
 demands upon the General Legislature for local purposes, and to be payable half yearly 
 in ad vance to each Province. 
 
 6. The position of New Brunswick being such as to entail large immediate 
 charges upon her local revenues, it is agreed that for the period of ten years from the 
 time when the union takes effect, an additional allowance of §63,000 per annum shall 
 be made to that Province. 
 
 7. In consideration of the surrender to the Confederation of all the territorial 
 rights of Newfoundland, it is agreed that an annual payment shall be made to that 
 Province of §150,000. 
 
 8. All engagements that may be entered into by Canada with the Imperial 
 Government for the defence of the country shall be assumed by the Confederation. 
 
 And after debate, — 
 
 And at the hour of five o'clock p.m., and a motion for 
 adjournment being carried, the Chairman declared the Conference 
 continued until Monday morninfj at ten o'clock. 
 
 MONDAY, 24th OCTOBER, 1864. 
 
 The Chairman took the cliair at ten o'clock a.m., when the 
 members were convened.
 
 OF DELEGATES FROM THE PROVINCES. 27 
 
 It was moved b}^ the Honourable Mr. Mowat : — 
 
 That it shall be competent for the Local Legislatures to make laws respecting — 
 
 1. Agriculture. 
 
 2. Education. 
 
 3. Emigration. 
 
 4. The sale and management of public lands, excepting lands held for general 
 purposes by the General Government. 
 
 5. Property and civil rights, excepting those portions thereof assigned to the 
 General Legislature. 
 
 6. Municipal institutions. 
 
 7. Inland fisheries. 
 
 8. The construction, maintenance and management of penitentiaries and of 
 public and reformatory pinsons. 
 
 9. The construction, maintenance and management of hospitals, charities and 
 eleemosynary institutions. 
 
 10. All local works. 
 
 11. The administration (jf justice and the constitution, maintenance and 
 organization of the courts, both of civil and criminal jurisdiction. 
 
 12. The establishment of local oflices, and the appointment, payment and removal 
 of local officers. 
 
 13. The power of direct taxation. 
 
 14. Borrowing money on the credit of the Province. 
 
 15. Shop, saloon, tavern and auctioneer licenses. 
 
 16. Private and local matters. 
 
 And after debate, — 
 
 And the hour of 2 o'clock p.m. ensuing, the Chairman declared 
 the Conference continued until half -past seven p.m. 
 
 And at half-past seven o'clock p.m., the Chairman took the 
 chair, when the members were convened. 
 
 It was moved by the Honourable Mr. Coles in amendment to 
 the motion of the Honourable Mr. Mowat : — 
 
 That the Local Legislatures shall have power to make all laws not given by this 
 Conference to the General Legislature expressly. 
 
 And the question of concurrence being put on the said amend- 
 ment, the same was unanimously resolved in the negative. 
 
 It was moved by Mr. Archibald in amendment to the motion 
 of the Honourable Mr. Mowat : — 
 
 That it is inexpedient to name in the constitution the subjects to be entrusted to 
 the Local Legislatures.
 
 28 . PROCEEDINGS IN CONFERENCE 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the negative. 
 
 And the question of concurrence being put on so much of the 
 motion of the Honourable Mr. Mowat as is embraced between the 
 initial word " That," down to and including the word " agricul- 
 ture," the same was resolved in the affirmative. 
 
 And at the hour of eleven o'clock p.m., a motion for adjourn- 
 ment being carried, the Chairman declared the Conference con- 
 tinued until to-morrow. 
 
 TUESDAY, 25th OCTOBER, 1864. 
 
 The Chairman took the chair at ten o'clock a.m., when the 
 members were convened. 
 
 The Conference resumed debate on the motion of the Honour- 
 able Mr. Mowat, which was discussed clause by clause. 
 
 It was moved by the Honourable Mr. McGee that the following 
 words be added to item 2, " Education " : — 
 
 Saving the rights and privileges which the Protestant or Catholic minority in both 
 Canadas may possess as to their denominational schools at the time when the Constitu- 
 tional Act gees into operation. 
 
 Agreed to. 
 
 It was moved by Colonel Gray (Prince Edward Island) : — 
 
 That item number 7 be amended to read "Sea coast and inland fisheries." 
 
 Agreeed to. 
 
 It was moved by Mr. Archibald that the following item be 
 added to the motion of the Honourable Mr. Mowat : — 
 
 " 17. The incorporation of private or local companies, except such as relate to 
 matters assigned to the Federal Legislature." 
 
 Agreed to. 
 
 And after further debate, — 
 
 And the adoption of certain verbal amendments, the question 
 of concurrence being put on the motion of tlie Honourable Mr.
 
 OF DELEGATES FROM THE PROVINX'ES. 29 
 
 Mowat (with the exception of item number 11, the consideration 
 of which was postponed), the same was resolved in the affirmative 
 as follows : — 
 
 That it shall be competent for the Local Legislatures to make laws respecting : — 
 
 Education, saving the rights and privileges which the Protestant or Catholic 
 minorifr^n both Canadas may possess as to their denominational schools at the time 
 when the Constitutional Act goes into operation. 
 
 Immigration. 
 
 The sale and management of public lands, excepting lands belonging to the General 
 Government. 
 
 Property and civil rights, excepting those portions thereof assigned to the General 
 Legislature. 
 
 Municipal institutions. 
 
 Sea coast and inland fisheries. 
 
 The establishment, maintenance and management of penitentiaries and of public 
 , and reformatory prisons. 
 
 The construction, maintenance and management of hospitals, asylums, charities and 
 eleemosynary, institutions. 
 
 Local works. ' 
 
 The establishment and tenure of local oflSces, and the appointment and payment of 
 local officers. 
 
 Direct taxation. 
 
 Borrowing money on the credit of the Province. 
 
 Shop, saloon, tavern and auctioneer licenses. 
 
 The incorporation of private or local companies, except such as relate to matters 
 assigned to the Federal Legislature. 
 
 And generally all matters of a private or local nature. 
 
 It was moved by — 
 
 That the Local Legislature of each Province may afterwards, from time to time, 
 alter the electoral districts of the Province for the purposes of representation in the 
 House of Commons, and distribute the number of representatives to which the Province 
 is entitled, in any manner such Legislature may think fit. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That the power of respiting, reprieving, commuting and pardoning prisoners con- 
 victed of crimes, and of remitting of sentences in whole or in part, which belongs of 
 right to the 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 Legislature.
 
 30 PROCEEDINGS IX COXFEUENCE 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 And the hour of two o'clock p.m. ensuing, the Chairman 
 declared the Conference continued until half-past seven o'clock in 
 the evening. 
 
 And at half-past seven o'clock p.m. the Chairman took the 
 chair, when the members were convened. 
 
 It was moved b}' — 
 
 That the Local Legislature shall have power to provide for inflicting punishment 
 by fine, penalties, imprisonment, or otherwise, for the breach of laws passed in relation to 
 any subject within their jurisdiction. 
 
 That in regard to all subjects over which jurisdiction belongs to both the General 
 and Local Governments, the laws of the Federal Parliament shall control and supersede 
 those made by the Local Legislature, and the latter shall be void so far as they are re- 
 pugnant to or inconsistent with the former. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 It was moved by — 
 
 That all lands, mines, minerals and royalties vested in Her Majesty in the Pro- 
 vinces of Upper Canada, Lower Canada, Nova Scotia, New Brunswick and Prince Ed- 
 ward Island, for the use of such 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 re- 
 spect to any of such lands or to any interest of other persons in respect of the same. 
 
 All sums due from purchasers or lessees of such lands, mines or minerals at the 
 time of the union, shall also belong to the Local Governments. 
 
 And after debate, — 
 
 It was resolved that further consideration of the same should 
 be postponed. 
 
 It was moved by the Honourable Mr. Mowat that ; — 
 
 1. It sliall be competent for the General Legislature to pass laws respecting — 
 
 1. The Indians. 
 
 2. Ferries between any Province and a foreign country or between any 
 
 two Provinces. 
 
 3. For the regulation and incorporation of fire and life insurance com- 
 
 panies. 
 
 4. Respecting savings banks. 
 
 2. It shall also be competent for the General Legislature to pass — 
 
 Inspection laws, and 
 
 Laws relating to quarantine.
 
 OF DELEGATES FROM THE PllOVIXCES. 31 
 
 3. The General Government and Legislature shall have all powers necessary or 
 proper for performing the obligations of the Province as part of the British Empire to 
 foreign countries, arising under treaties between Great Britain and such countries. 
 
 4. All Courts, Judges and Officers of the several Provinces shall aid, a.isist and 
 obey the General Government in the exercise of its rights and powers under this Act, 
 ^nd for such purposes shall be held to be Judges and Officers of the General Govern- 
 ment. 
 
 5. The General Government may also, from timeto time, establish additional Courts, 
 and 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, rights and obligations of the 
 General Government. 
 
 G. All bills for appropriating any part of the public revenue, or for imposing any 
 new tax or impost, shall originate in the House of Commons or the Local Assembly, as 
 the case may be. 
 
 7. The House of Commons or Legislative Assembly shall not originate or pass any 
 vote, resolution, address or bill for the appropriation of anypart of the public revenue, or 
 of any tax or impost to any purpose, not first recommended to the House or Assembly by 
 message of the Governor-General, during the session in which such vote, resolution, ad- 
 dress or bill is passed. 
 
 8. Any bill of the General Legislature may be reserved in the usual manner for Her 
 Majesty's assent, and any bill of the Local Governments may in like manner be reserved 
 for the consideration of the General Government. 
 
 9. Any bill passed by the General Legislature shall be subject to disallowance by 
 Her Majesty within two years, as in the case of bills passed by the said Provinces 
 hitherto, and in like manner any bill passed by a Local Legislature shall be subject to 
 ■disallowance by the General Government within one year after the passing thereof. 
 
 And after debate, — 
 
 And the insertion of certain verbal amendments, the question 
 of concurrence was put on the first seven items of the motion of 
 the Honourable Mr. Mowat, and the same was resolved in the 
 affirmative. 
 
 And after further debate, — 
 
 And the question of concurrence being put on the eighth and 
 ninth items, the same was resolved in the affirmative. 
 
 It was moved, by the Honourable Mr. Mowat* that: — 
 
 The North-West Territoiy, British Columbia and Vancouver shall be admitted 
 into the Union on such terms and conditions as Parliament shall deem equitable, and as 
 shall receive the assent of Her Majesty ; and in the case of the Province of British 
 Columbia or Vancouver, as shall be agreed to by the Legislature of such Province . 
 
 And the question of concurrence being put thereon, it was 
 resolved that further consideration of the same should be postponed. 
 
 * It is not quite certain from the papers that this resolution was moved by Mr. 
 Mowat.
 
 32 PROCEEDINGS IN CONFERENCE 
 
 Attention was called to the minutes of the ]3th October 
 instant, by which it appeared that Nova Scotia and Prince Edward 
 Island had voted against the motion : — 
 
 That in framing the Constitution for the General Government, the Conference, 
 with a view to the perpetuation of our connection with the Mother Country, and to the 
 l^roniotion of the best interests of the people of these Provinces, desire to follow the 
 model of the British Constitution so far as our circumstances will permit. 
 
 It was moved by — 
 
 That with the view of explaining the vote of Nova Scotia and Prince Edward 
 Island in the negative on that resolution, the amendment proposed on that occasion be 
 entered on the minutes as being expressive of the views of Nova Scotia and Prince 
 Edward Island on the subject, and which led to their vote in the negative on the main 
 motion, and which amendment is as follows : — 
 
 That while it is the avowed desire of this Conference to perpetuate the connection 
 with the parent state by every means in our power, it is not judicious to fetter our 
 actions by the passage of a resolution of a simple declaratory character, and which may 
 embarrass our action in the selection of the best means of providing for the general and 
 local Government of the country. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 And at the hour of twelve o'clock midnight, a motion for 
 adjournment being carried, the Chairman declared the Conference 
 continued until to-morrow morning at eleven o'clock. 
 
 WEDNESDAY, 26th OCTOBER, 1864. 
 
 The Chairman took the chair at twelve o'clock noon, when the 
 members were convened. 
 
 It was moved by the Honourable Mr. John A. Macdonald : — 
 
 That the Judges of the Courts of Record in each Province shall be appointed and 
 paid by the General Government, and their salaries sliall be fixed by the General 
 Legislature. 
 
 That the Judges of the Court of Admiralty now receiving salaries shall be paid by 
 the General Government. 
 
 That the Judges of the Superior Courts shall hold their offices during good 
 behaviour, and shall be removable only on the address of both Houses of the General 
 Legislature. 
 
 And the question of concurrence being put on the motion of 
 the Honourable Mr. Macdonald, the same was resolved in the 
 affirmative.
 
 OF DELEGATES FROM THE PROVINCES. 33 
 
 It was moved by — 
 
 That the General Legislature shall have power to pass statutes for rendering: 
 uniform all or any of the laws relative to property and civil rights in Upi)er Canada, 
 Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland, and for 
 rendering uniform the procedure of all or any of the Courts in these Provinces ; but not 
 to go into operation in any Province until sanctioned by the Legislature thereof. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 It was moved by — 
 
 That subject to any future action of the respective Local Government^ in respect 
 thereof, the seat of the Local Government in Upper Canada shall be in Toronto ; of 
 Lower Canada, Quebec ; and the seats of the Local Governments in the other Provinces 
 shall be as at present. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 It was moved by the Honourable Mr. John A. Macdonaid : — 
 
 That the seat of the Government of tiie Confederated Provinces shall be Ottawa^ 
 subject to the royal prerogative. 
 
 And the question of concurrence being put thereon, the same 
 was unanimously resolved in the affirmative. 
 
 It was moved by — 
 
 That no lands or property belonging to the General or Local Governments shall be 
 liable to taxation. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 It was moved by the Honourable Mr. Gait : — 
 
 That in the General Legislature and in its proceedings, the English and French 
 languages may be both especially employed. And also in the Local Legislature of Lower 
 Canada and in the Federal and Local Courts of Lower Canada. 
 
 That the Lieutenant-Governor of each Province shall be paid by the General 
 Legislature. 
 
 That in undertaking to pay the salaries of the Lieutenant-Governors, the Confer- 
 ence does not desire to prejudice the claim of Prince Edward Island upon the Imperial 
 Government for the amount now paid for the salary of the Lieutenant-Governor thereof. 
 
 And the question of concurrence being put thereon, the same 
 was unanimously resolved in the affirmative. 
 
 POPE CON. — 3
 
 34 PROCEEDINGS IX CONFERENCE 
 
 The Conference then discussed the financial resolutions moved 
 by Mr. Gait on the 22nd instant. 
 
 And after further debate, — 
 
 And the adoption of certain amendments, the question of 
 concurrence was put upon numbers four, five and six, and the 
 same was resolved in the affirmative as follows : — 
 
 The Conference shall assume all the debts and liabilities of each Province. 
 
 The debt of Canada not specially assumed by Upper and Lower Canada 
 
 respecbively shall not exceed at the time of the Union $62,500,000 
 
 Nova Scotia shall enter into the Confederation with a debt not exceeding. . . 8,000,000 
 And New Brunswick 7,000.000 
 
 But it is expressly provided that in case Nova Scotia or New Bnmswick do not 
 incur liabilities beyond those for which their Governments are now bound, and which 
 shall make their respective debts at the date of the Union less than .SS,000,000 and 
 87,000,000 respectively, they shall then be entitled to benefit by the interest at five per 
 cent, on the amount not so incurred, in like manner as is hereinafter provided for New- 
 foundland and Prince Edward Island. The foregoing resolution being in no respect 
 intended to limit the powers now given to the respectiv^e Governments of those Provinces 
 by legislative authority, but to limit the extreme amount of charge to be brought by 
 them against the Confederation ; provided always, that the powers so conferred by the 
 respective Legislatures must be exercised within five years from this date or will then 
 lapse. 
 
 Newfoundland and Prince Edward Island, not having incurred debts equal to those 
 of the other Provinces, shall be entitled to receive bj' half-yearly payments in advance 
 from the Confederation 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 
 andebtedness per head of the population of Canada, Nova Scotia and New Brunswick. 
 
 In consideration of the transfer to the General Legislature of the powers of tax- 
 nation, a grant in aid of each Province shall be made, equal to an amount of eighty cents 
 per head of the population as established by the census of 18G1 ; Newfoundland being 
 ■ estimated at 130,000 inhabitants. Such aid to be in full settlement of all future demands 
 ■upon the General Legislature for local purposes, and to be paj-able half-yearly in advance 
 to each Province. 
 
 The position of New Brunswick being such as to entail large immediate charges 
 upon her local revenues, it is agreed that for the period of ten years from the time when 
 the Union takes effect, an additional allowance of SG3,000 per annum shall be made to 
 that Province, provided that so long as the liabilitj' of that Province remains under 
 87,000,000, a deduction equal to the interest on such deficiency shall be made from the 
 $03,000. 
 
 And item number seven having been amended to read as 
 follows : — 
 
 That in consideration c>f the surrender to tlie Confederation 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 §150,000 shall each year be paid to that Province
 
 OF DELEGATES FROM THE PROVINCES. 35 
 
 by semi-annual payments ; provided that tlie Colony shall retain the right of opening, 
 constructing and controlling roads and bridges through any of the said lands, subject 
 to any laws which the General Legislature may pass in respect of the same. 
 
 And the question of concurrence beinq; put thereon, the Con- 
 ference divided, and the names of the Provinces were taken down 
 -as follows : — 
 
 CONTENTS. 
 
 Canada 2 
 
 Nova Scotia 1 
 
 New Brunswick 1 
 
 Newfoundland 1 
 
 5 
 
 NON-CONTEXTS. 
 
 Prince Edward Island 1 
 
 So it passed in the affirmative. 
 
 And the question of concurrence being proposed on item num- 
 ber eight, the same was resolved in the affirmative as follows : — 
 
 8. That all engagements that maj' be entered into with the Imperial Government 
 for the defence of the country shall be assumed by the Confederation. 
 
 The Chairman laid the following letter before the Conference : — 
 
 To THE Honourable Sir E. P. Tachil, &c., &c., &c.. 
 Chairman Intercolonial Conference. 
 
 Sir, — The undersigned desire respectfully to learn whether the 
 Conference will instruct its secretary to furnish them for pub- 
 lication with a synopsis of the scheme of Confederation which 
 may result from its deliberations. 
 
 The previous objection to furnish information wliich must have 
 been necessarily incomplete does not appear to apply, after the 
 general plan has been agreed upon, and the undersigned, on that 
 account, feel justified in renewing their application for an official 
 statement of the proceedings of the Conference, They trust the 
 Conference will not deem this renewed application importunate 
 when the natural anxiety of the public to learn the result of its
 
 36 PROCEEDINGS IN CONFERENCE 
 
 deliberations is considered, especially as an intelligent public 
 opinion can only be formed upon a thoroughly reliable statement 
 of the facts. 
 
 And they have the honour to remain, Sir, 
 
 Your very obedient humble servants, 
 
 Charles Lindsey, 
 
 for Leader. 
 
 B. Chamberlin, 
 
 for Montreal Gazette 
 
 The following answer was read and ordered to be sent : — 
 
 Conference Chamber, 
 
 Parliament House, 
 
 Quebec, 26th Oct., 1864. 
 
 Gentlemen, — I am desired by Sir Etienne Tache to acknow- 
 ledge your note, requesting that you may be furnished, for publi- 
 cation, with a synopsis of the scheme of Confederation which may 
 result from the deliberations of the Conference. 
 
 I am, in reply, to state that the members of the Conference 
 are of opinion that the reasons given in my former communication 
 as those which induced them to decline your request in respect to 
 ensuring publicity of their proceedings are still applicable ; and 
 that they cannot yet feel themselves justified in giving authorized 
 publication to the results of their deliberations. 
 
 I have the honour to be, gentlemen, 
 Your obedient servant. 
 For the Secretaries of the Conference, 
 
 H. Bernard, 
 
 Executive Secretary. 
 
 Charles Lindsey and B. Chamberlin, Esquires. 
 
 (The rest is wanting).
 
 OF DELEGATES FROM THE PROVINCES. 37 
 
 THURSDAY P.M, 27th OCTOBER, 1864. 
 It was moved by — 
 And resolved : — 
 
 That all coiiiniunications from the several Provinces on the subject of the Confed- 
 eration be addressed to Sir E . P. Tache, the Premier of the Canadian Government, 
 who shall be the medium of communication between them. 
 
 It was moved by the Honourable Mr. Gait : — 
 
 That the communications with the North-Western Territory and the improvement 
 required for the development of the trade of the Great West with the seaboard are re- 
 garded by this Conference as subjects of the highest importance to the Confederation 
 and should be prosecuted at the earliest possible period, when the state of the federal 
 finances will permit the Legislature to do so. 
 
 And the question of concurrence being put thereon, the same 
 was resolved in the affirmative. 
 
 (The rest is wanting). ■ 
 
 SATURDAY, 29th OCTOBER, 1864. 
 
 St. Lawrence Hall, Montreal, 
 
 12 o'clock noon. 
 It was moved by the Honourable Mr. Tupper : — 
 
 That, in the absence of Sir E. P. Tache, the Honourable Mr. Cartier do take the 
 chair. 
 
 Carried, and Mr. Cartier took the chair. 
 
 The following heading of the report was carried : — 
 
 Report of resolutions adopted at a conference of delegates 
 from the Provinces of Canada, Nova Scotia and New Brunswick 
 and the Colonies of Newfoundland and Prince Edward Island, held 
 at the City of Quebec, as the basis of a proposed confederation- of 
 those Provinces. 
 
 (The rest is wanting). 
 >. 1 .J Ij ,i O
 
 38 PROCEEDINGS IN CONFERENCE 
 
 Below are the resolutions as finally adopted by the Con- 
 ference.* 
 
 It will be seen that the Minutes record the adoption of all save 
 numbers 10, 13, 15, 16, 34, 35, 54, 55, 56, 57, 58, 59, 68, 70. 71 and 
 
 72. 
 
 They further show that of these No. 10 was moved on the 
 25th October by Mr. Mowat, and Xos. 54, 55 and 59 on the 22nd 
 October by Mr. Gait. 
 
 The original papers also disclose that Nos. 13 and 15 were 
 moved by Mr. McCully, No. 68 by Mr. Tupper and No. 70 by Mr. 
 John A. Macdonald. 
 
 Respecting Nos. 16, 34, 35, 56, 57, 58, 71 and 72, there is 
 nothing to indicate on which of the three last sittings of the Con- 
 ference or by whom they were introduced. 
 
 REPORT 
 
 Of Resolutions adopted at a Conference of Delegates from the Pro- 
 vinces of Canada, Nova Scotia and New Brunswick, and 
 the Colonies of Newfoundland and Prince Edward Island, held 
 at the City of Quebec, 10th October, 1864, as the Basis of a 
 proposed Confederation of those Provinces and Colonies. 
 
 1. The best interests and present and future prosperity of 
 British North America will be pi'omoted by a Federal Union under 
 
 * Between the closing of the (^"ebec Conference in October, 1S64, and the meeting 
 of the Canadian Legislature in January, 1865, certain alterations were made by mutual 
 consent of the delegates in the 24th, 29th and 43rd resolutions, as follows :— 
 
 The 24 th resolution was changed to read : 
 
 24. The Local Legislature of each Province may, from time to time, alter the 
 electoral districts for the purposes of representation in such Local Legislature, and 
 distribute the representatives to whicli the Province is entitled in such Local Legisla- 
 ture in any manner such Legislature may see tit. 
 
 Sub-section 3 of section 2!) was changed to read : 
 
 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 Brunswick^ 
 and of coal and other minerals from Nova iScotia. 
 
 Sub-section 1 of section 43 was changed to read : 
 
 1. Direct taxation, and in New Brunswick the imposition of duties on the export 
 of timber, logs, masts, spars, deals and sawn lumber ; and in Nova Scotia on coals and 
 other minerals. 
 
 For the correspondence arising out of these changes, see Appendix III.
 
 OF DELEGATES FROM THE PROVIN'CES. 39 
 
 the Crown of Great Britain, provided such Union can be effected 
 on principles just to the several Provinces. 
 
 2. In the Federation of the British North American Pro- 
 vinces the System of Government best adapted under existing cir- 
 cumstances to protect the diversified interests of the several Pro- 
 vinces and secure eificiency, harmonj^ and permanency in the work- 
 ing of the Union, — would be a general Government charged with 
 matters of common interest to the whole Country, and Local Gov- 
 ernments for each of the Canadas and for the Provinces of Nova 
 Scotia, Xew Brunswick and Prince Edward Island, charged with 
 the control of local matters in their respective sections. — Provision 
 being made for the admission into the Union on equitable terms of 
 Newfoundland, the North-West Territory, British Columbia and 
 Vancouver. 
 
 3. In framing a Constitution for the General Government, 
 the Conference, with a view to the perpetuation of our connection 
 with the Mother Country, and to the promotion of the best 
 interests of the people of these Provinces, desire to follow the 
 model of the British Constitution, so far as our circumstances will 
 permit. 
 
 4. The Executive Authority or Government sliall be vested 
 in the Sovereign of the United Kingdom of Great Britain and Ire- 
 land, and be administered according to the w^ell understood prin- 
 ciples of the British Constitution by the Sovereign personally or by 
 the Representative of the Sovereign duly authorized. 
 
 5. The Sovereign or Representative of the Sovereign shall be 
 Commander-in-Chief of the Land and Naval Militia Forces. 
 
 6. There shall be a General Legislature or Parliament for the 
 Federated Provinces, composed of a Legislative Council and a 
 House of Commons. 
 
 7. For the purpose of forming the Legislative Council, the 
 Federated Pi'ovinces shall be considered as consisting of three 
 divisions : — 1st, Upper Canada ; 2nd, Lower Canada ; 3rd, Nova 
 Scotia, New Brunswick and Prince Edward Island, each division 
 with an equal representation in the Legislative Council. 
 
 8. Upper Canada shall be represented in the Legislative Council 
 by 24 Members, Lower Canada by 24 3Iembers, and the three
 
 40 PROCEEDINGS IX CONFERENCE 
 
 Maritime Provinces by 24 Members, of which Xova Scotia shall 
 have Ten, New Brunswick, Ten, and Prince Edward Island, Four 
 Members. 
 
 9. The Colony of Newfoundland shall be entitled to enter the 
 proposed Union, with a representation in the Legislative Council 
 of four Members. 
 
 10. The North-West Territory, British Columbia and Van- 
 couver shall be admitted into the Union on such terms and con- 
 ditions 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 Vancouver, 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 Gov- 
 ernment and shall hold Office during Life ; if any Legislative 
 Councillor shall, for two consecutive sessions of Parliament, fail to 
 give his attendance in the said Council, his seat shall thereby 
 become vacant. 
 
 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 incumbrances, and shall be and 
 continue worth that sum over and above their debts and liabilities, 
 Ijut 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 Councillor, 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 b}' the Crown at the recommendation 
 of the General Executive Government, upon the nomination of the 
 respective Local Governments, and in such nomination due regard 
 shall be had to the claims of the Members of the Legislative
 
 OF DELEGATES FROM THE PKOVIXCES. 41 
 
 Council of the Opposition in each Province, so that all political 
 parties ma}' as nearly as possible be fairly represented. 
 
 15. The Speaker of the Legislative Council (unless otherwise 
 provided by Parliament) shall be appointed b}' 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 represent- 
 ing Lower Canada in the Legislative Council of the General Legis- 
 lature, shall be appointed 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 appointed 
 to represent. 
 
 17. The basis of Representation in the House of Commons 
 shall be Population, as determined by the Official Census every 
 ten years; and the number of Members at first shall be 194, dis- 
 tributed as follows : 
 
 Upper Canada 82 
 
 Lower Canada 65 
 
 Nova Scotia 19 
 
 New Brunswick 15 
 
 Newfoundland 8 
 
 and 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. 
 
 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 re-adjusted on the basis of Population. 
 
 20. For the purpose of such re-adjustments, Lower Canada 
 shall always be assigned sixty -five members, and each of the other 
 sections shall at each re-adjustment receive, for the ten years then 
 nest succeedinof, the number of members to which it will be
 
 42 ■ PROCEEDINGS IN CONFERENCE 
 
 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, unless its population shall have decreased 
 relatively to the population 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 member shall be given for each such 
 fractional part. 
 
 23. The Legislciture of each Province shall divide such Pro- 
 vince into the proper number of constituencies, and define the 
 boundaiies of each of them. 
 
 24. The Local Les'islature of each Province may from time to 
 time alter the Electoral Districts for the purposes of Represent- 
 ation in tlie House of Commons, and distribute the representatives 
 to which the Province is entitled in any manner such Legislature 
 may tliink fit. 
 
 25. Tiie number of Members may at any time be increased 
 by the General Parliament,— regard being had to the proportion- 
 ate 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 proceed- 
 inixs at Elections, — and to the period during which such Elections 
 may be continued, and relating to the Trial of Controverted Elec- 
 tions, and the proceedings incident thereto, and relating to the 
 vacating of seats of Members and to the issuing and execution of 
 new Writs in case of any seat being vacated otherwise than by a
 
 OF DELEGATES FROM THE PROVINCES. 43 
 
 dissolution, — shall respectively apply to elections of Members to 
 serve in the House of Commons, for places situate in those Pro- 
 vinces respectively. 
 
 27. Every House of Commons sliall continue for five years 
 from the day of the return of the writs choosing the same, and no 
 longer, subject, nevertheless, to be sooner prorogued or dissolved by 
 the Governor. 
 
 28. There shall be a Session of the General Parliament once 
 at least in ever}' year, so that a period of twelve calendar months 
 shall not intervene between the last sitting of the General Parlia- 
 ment in one Session and the first sitting thereof in the 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 subjects : — ■ 
 
 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. The raising of money by all or any other modes or 
 
 systems of Taxation. 
 
 G. 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 Communication and the incorporation 
 of Telegraph Companies.
 
 44' PROCEEDINGS IN CONFERENCE 
 
 11. All such works as shall, although lying whoUj'' 
 
 within any Province, be 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 Lighthouses. 
 
 15. Navigation and Shipping. 
 
 16. Quarantine. 
 
 17. Sea Coast and Inland Fisheries. 
 
 18. Ferries between any Province and a Foreign 
 
 Country, or between any two Provinces. 
 
 19. Currency and Coinage. 
 
 20. Banking, 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. 
 
 25. Legal Tender. 
 
 26. Bankruptcy and Insolvency. 
 
 27. Patents of Invention and Discovery. 
 
 28. Copy Ptights. 
 
 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 relative to 
 
 property and civil rights in Upper Canada, 
 Nova Scotia, New Brunswick, NeA^-foundland 
 and Prince Edward Island, and rendering 
 uniform the procedure of all or any of the 
 Courts in these Provinces ; but any Statute for
 
 OF DELEGATES FROM THE PROVINCES. 45 
 
 this purpose shall have no force or authority in 
 any Province until sanctioned by the Legislature 
 thereof. 
 
 84. The Establishment of a General Court of Appeal for 
 the Federated Provinces. 
 
 35. Immioration. 
 
 36. Agriculture. 
 
 37. And Generally respectintr all matters of a general 
 
 character, not specially and exclusively reserved 
 for the Local Governments and Legislatures. 
 
 30. The General Government and Parliament shall have all 
 powers necessary or proper for performing- the obligations of the 
 Federated Provinces, as part of the British Empire, to Foreign 
 Countries, arising under Treaties between Great Britain and such 
 Countries. 
 
 31. The General Parliament may aiso, from time to time, 
 establish additional Courts, and the General Government may 
 appoint Judges and Officers thereof, when the same shall appear 
 necessary or for the public advantage, in order to the due execution 
 of the laws of Parliament. 
 
 32. All Courts, Judges and Officers of the several Provinces 
 shall aid, assist and obey the General Government in the exercise 
 of its rights and powers, and for such purposes shall be held to be 
 Courts, Judges and Officers of the General Government. 
 
 33. The General Government shall appoint and pay the 
 Judges of the Superior Courts in each Province, and of the County 
 Courts in Upper Canada, and Parliament shall fix their salaries. 
 
 34. Until the Consolidation of the Laws of Upper Canada, 
 New Brunswick, Nova Scotia, Newfoundland and Prince Edward 
 Island, the Judges of these Provinces appointed by the General 
 Government, shall be selected from their respective Bars. 
 
 35. The Judges of the Courts of Lower Canada shall be 
 selected from the Bar of Lower Canada. 
 
 36. The Judges of the Court of Admiralty now receiving 
 salaries shall be paid by the General Government.
 
 46 PROCEEDINGS IX COXFEREXCE 
 
 37. The Judges of the Superior Courts shall hold their offices 
 during good behaviour, aud shall be removable only on the Address 
 of both Houses of Parliament. 
 
 LOCAL GOYERXMENT. 
 
 38. For each ot" the Provinces there shall be an Executive 
 Officer, styled the Lieutenant-Governor, who shall be appointed by 
 the Governor-General in Council, under the Great Seal of the 
 Federated Provinces, during pleasure : such pleasure not to be 
 exercised before the expiration of the first five years, except for 
 cause : such cause to be communicated in writing to the Lieutenant- 
 Governor immediately after the exercise of the j^leasure as afore- 
 said, and also by message to both Houses of Parliament, within 
 the first week of the first Session afterwards. 
 
 39. The Lieutenant-Governor of each Province shall be paid 
 by the General Government. 
 
 40. In undertaking to paj^ the salaries of the Lieutenant- 
 Governors, the Conference does not desire to prejudice the claim of 
 Prince Edward Island upon the Imperial Government for the 
 amount now paid for the salary of the Lieutenant-Governor 
 thereof. 
 
 41. The Local Government and Legislature of each Province 
 shall be constructed in such manner as the existing Legislature 
 of such Province shall provide. 
 
 42. The Local Legislatures shall have power to alter or 
 amend their constitution from time to time. 
 
 43. The Local Legislatures shall have power to make Laws 
 respecting the following subjects : — 
 
 L Direct Taxation and the imposition of Duties on the 
 Export of Timber, Logs, Masts, Spars, Deals 
 and Sawn Lumber, and of Coals and other 
 Minerals. 
 
 2. Borrowing Money on the credit of the Province. 
 
 3. The establishment and tenure of local Offices, and 
 
 the appointment and payment of local Officers. 
 
 4. Agriculture. 
 
 5. Immiirration.
 
 OF DELEGATES FROM THE PROVINCES. 47 
 
 6. Education ; saving the rights and piivileges which 
 
 the Protestant or Catholic minorit}' in both 
 Canadas may possess as to their Denominational 
 Schools, at the time when the Union goes into 
 operation. 
 
 7. The sale and management of Public Lands, 
 
 excepting Lands belonging to the 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 Eleemos3aiary 
 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. 
 
 10. Inflicting punishment by fine, penalties, imprison- 
 ment or otherwise for the breach of laws passed 
 in relation to any subject within their 
 jurisdiction. 
 
 17. The Administration of Justice, including the Con- 
 
 stitution, maintenance 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 assis^ned to the General Parliament.
 
 48 PROCEEDINGS IN CONFERENCE 
 
 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. 
 
 MISCELLANEOUS. 
 
 45. In regard to all subjects over which jurisdiction belongs 
 to both the General and Local Legislatures, the laws of the General 
 Parliament shall control and supersede those made by the Local 
 
 ^ Legislature, and the latter shall be void so far as they are repug- 
 nant to or inconsistent with the former. 
 
 46. Both the English and French languages may be employed 
 in the General Parliament and in its proceedings, and in the Local 
 Legislature of Lower Canada, and also in the Federal Courts and 
 in the Courts of Lower Canada. 
 
 47. No lands or property belonging to the General or Local 
 Government shall be liable to taxation. 
 
 48. All Bills for appropriating any part of the Public 
 Revenue, or for imposing any new Tax or Impost, shall originate 
 in the House of Commons or House of Assembly, as the case may 
 be. 
 
 49. The House of Commons or House of Assembly shall not 
 originate or pass any Vote, Resolution, Address or Bill for the 
 appropriation of any part of the Public Revenue, or of any Tax or 
 Impost to any purpose, not first recommended by Message of the 
 Governor-General, or the Lieutenant-Governor, as the case 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 con- 
 sideration of the Governor-General.
 
 OF DELEGATES FKOM THE PK(J^•I^■CES. 49 
 
 51. Any Bill passed by the General Parliament shall be sub- 
 ject to disallowance by Her Majesty within two years, as in the 
 case of Bills passed by the 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-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. 
 
 53. Subject to any future action of the respective Local Gov- 
 ernments, the Seat of the Local Government in Upper Canada 
 shall be Toronto ; of Lower Canada, Quebec ; and the Seats of 
 the Local Governments in the other Provinces shall be as at present. 
 
 PROPERTY AND LIABILITIES. 
 
 54. All Stocks, Cash, Bankers' Balances and Securities for 
 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 Prov- 
 ince 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 Build- 
 
 ings, 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 Property ; 
 
 10. Armouries, Drill Sheds, Military Clothing and Muni- 
 
 tions of War ; and 
 
 11. Lands set apart for Public Purposes.
 
 50 PROCEEDINGS IN CONFERENCE 
 
 56. All lands, mines, minerals and royalties vested in Her 
 Majesty in the Provinces of Upper Canada, Lower Canada, Nova 
 Scotia, New Brunswick and Prince Edward Island, for the use of 
 such Provinces, shall belong to the Local Government of the terri- 
 tory in which the same are so situate ; subject to any trusts that 
 may exist in respect to any of such lands or to any interest of 
 other persons in respect of the same. 
 
 57. All sums due from purchasers or lessees of such lands, 
 mines or minerals at the time of the Union, shall also belong to 
 the Local Governments. 
 
 58. All assets connected with such portions of the public debt 
 of any Province as are assumed by the Local Governments, shall 
 also belong to those Governments respectively. 
 
 59. The several Provinces shall retain all other Public 
 Property therein, subject to the right of the General Government 
 to assume any Lands or Public Property required for Fortifications 
 or the Defence of the Country. 
 
 60. The General Government shall assume all the Debts and 
 Liabilities of each Province. 
 
 61. The Debt of Canada not specially assumed by Upper and 
 
 Lower Canada respectively, shall not ex- 
 ceed at the time of the Union $62,500,000 
 
 Nova Scotia shall enter the Union with a 
 
 debt not exceeding 8,000,000 
 
 And New Brunswick, with a debt not exceed- 
 ing 7,000,000 
 
 62. In case Nova 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 L^nion less 
 than $8,000,000 and $7,000,000 respectively, they shall be entitled 
 to interest at 5 per cent, on the amount not so incurred, in like 
 manner as is hereinafter provided for Newfoundland and Prince 
 Edward Island ; the foregoing resolution being in no j-espect 
 intended to limit the powers given to the respective Governments 
 of those Provinces by Legislative authority, but only to limit the
 
 OF DELEGATES FROM THE PROVINCES. 51 
 
 maximum amount of charo-e to be assumed by the General Gov- 
 ernment. Provided always that the powers so conferred b}' the 
 respective Legislatures shall be e.xercised 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 Parlia- 
 ment of the powers of Taxation, an annual grant in aid of each 
 Province shall be made, equal to 80 cents per head of the Popula- 
 tion as established by the Census of 1861, the population of New- 
 foundland being estimated at 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 period of ten years from the time when the Union takes 
 effect, an additional allowance of $63,000 per annum shall be made 
 to that Province. But that so long as the liability of that Province 
 remains under $7,000,000, a deduction equal to the interest on such 
 deficiency shall be made from the $63,000. 
 
 QQ. In consideration of the surrender to the General Gov- 
 ernment by Newfoundland of all its rights in Mines and Minerals, 
 and of all the ungranted and unoccupied Lands of the Crown, it is 
 agreed that the sum of $150,000 shall each year be paid to that 
 Province by semi-annual payments ; provided that that Colon}' 
 shall retain the right of opening, constructing 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. 
 
 67. 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.
 
 52 PROCEEDINGS IN CONFERENCE 
 
 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 improvements required for the development of the Trade 
 of the Great West with the Seaboard, are regarded by this Con- 
 ference as subjects of the highest importance to the Federated 
 Provinces, and shall be prosecuted at the earliest possible period 
 that the state of the Finances will permit. 
 
 70. The Sanction of the Imperial and Local Parliaments shall 
 be sought foi' the Union of the Provinces, on the principles adopted 
 by the Conference. 
 
 71. That Her Majesty the Queen be solicited to determine 
 the rank and name of the Federated Provinces. 
 
 72. The proceedings of the Conference shall be authenticated 
 by the signatures of the Delegates, and submitted by each Delega- 
 tion to its own Government, and the Chairman is authorized to 
 submit a copy to the Governor-General for transmission to the 
 Secretary of State for the Colonies.
 
 OF DELEGATES FROM THE PROVINCES. 53 
 
 DISCUSSIONS IN CONFEEENCE 
 
 DELEGATES FROM THE PROVINCES 
 
 OF 
 
 BRITISH NORTH AMERICA. 
 OCTOBER, 18G4. 
 
 Conference Chamber, Parliament House, Quebec, 
 
 October 11th, 1864. 
 
 The discussion was resumed on Mr. Palmer's motion of yester- 
 day:— 
 
 That in taking' the votes on all questions to be decided b}' this Conference, except 
 questions of order, each Province or Colony, by whatever number of delegates repre- 
 sented, shall have one vote, and that in voting Canada shall be considered as two 
 Provinces. 
 
 Mr. John A. Macdonald proposed that Upper and Lower 
 Canada should be considered as two Provinces for voting purposes. 
 
 Mr. Palmer concurred. 
 
 Mr. Haviland suggested that it should be in writing. (It is 
 understood that any question of order is to l^e settled by the poll 
 of each). 
 
 Mr. Fisher — In the event of differences arising between the 
 delegates of any one Province, some public notice should be taken 
 of it. 
 
 3Ir. Coles — I think that unnecessary, as occurring in a confi- 
 dential conference. 
 
 Mr. Palmer's motion unanimously agreed to.
 
 54 DISCUSSIONS IN CONFERENCE 
 
 Mr. John A. Macclonald moved, seconded by Mr. Tilley, the 
 adoption of the following rules regulating the proceedings of the 
 Conference : — 
 
 1. That free and individual discufssion and suggestion be allowed . 
 
 2. That all motions and the discussions and votes thereon be in the first place as if 
 in Committee of the Whole. 
 
 3. That after vote put, no discussion be allowed. 
 
 4. That each Province may retire for consultation after vote put. 
 
 5. That after the scheme is settled in Committee of the Whole, aU the resolutions 
 be reconsidered as if with Speaker in the chair. 
 
 6. That just before the bi'eaking up of the Conference, the Minutes be carefully 
 gone over and settled, with the view of determining what is to be submitted to the Im- 
 perial and Provincial Governments, and what is to be published for general information. 
 
 Mr. Chandler — I beg to suggest that in cases where the dele- 
 gates of one Province disagree, the names of the dissentients should 
 be inserted in the Minutes, and also whether the vote was unanim- 
 ous or not. 
 
 Mr. John A. Macclonald — I am willing provisionally to adopt 
 the suggestion of Mr. Chandler, but I think the whole question 
 should be carefully reconsidered at the eveiitual revise of the 
 minutes. 
 
 Resolutions unanimously agreed to. 
 
 The discussion was resumed upon the motion of Mr. John A.. 
 Macdonald : — 
 
 That the best interests and present and future prosperity of British North America 
 will be promoted by a Fedei'al Union under the Crown of Great Britain, provided such 
 union can be effected on principles just to the several Provinces. 
 
 The opening remarks of Mr, Macdonald in speaking to this 
 resolution do not seem to have been recorded. Proceeding, he 
 said : — 
 
 The various States of the adjoining Republic had always acted 
 as separate sovereignties. The New England States, New York 
 State and the Southern States had no sympathies in common. 
 They were thirteen individual sovereignties, quite distinct the one 
 from the other. The primary error at the formation of their con- 
 stitution was that each state reserved to itself all sovereign rights, 
 save the small portion delegated. We must reverse this process by 
 strengthening the General Government and conferring on the
 
 OF DELEGATES FROM THE PROVINCES. 55 
 
 Provincial bodies only such powers as may be required for local 
 purposes. All sectional prejudices and interests can be legislated 
 for by local legislatures. Thus we shall have a strong and lasting 
 government under which we can work out constitutional liberty 
 as opposed to democracy, and be able to protect the minority by 
 having a powerful central government. Great caution, however, 
 is necessary. The people of every section must feel that they are 
 protected, and by no overstraining of central authority should such 
 guarantees be overridden. Our constitution must be based on an 
 Act of the Imperial Parliament, and any question as to overriding 
 sectional matters determined by " Is it legal or not ?" The judicial 
 tribunals of Great Britain would settle any such difficulties should 
 they occur. 
 
 Is this the time for union ? Now is the time, or we may 
 abandon the idea in despair. Canada has not (sic) adopted union 
 as a solution of her political difficulties ; but, failing any general 
 union, she cannot remain as at present, and if we come to no de- 
 cision here, we Canadians must address ourselves to the alternative 
 and reconstruct our Government. Once driven to that, it will be 
 too late for a general federation. We cannot, having brought our 
 people to accept a Canadian federation, propose to them the ques- 
 tion of a larger union. It is stated that in England federation 
 will be considered as showing a desire for independence. I believe 
 the people of England are strongly bent on keeping up her posi- 
 tion as a mighty empire, which can only be done by helping her 
 Colonies, Goldwin Smith, the Manchester school and the Times — the 
 property of Robert Lowe, a recreant colonist — to the contrary 
 notwithstanding. The colonial question has never been fairly re- 
 presented to the people of England. The English newspapers 
 were alive to the designs of Russia on Australia, a favoured colony 
 of England, for which the Manchester school would fight. The 
 British North American colonies are not so profitable as Australia 
 from a money point of view ; but, if organized as a confederacy, 
 our increased importance would soon become manifest. Our pre- 
 sent isolated and defenceless position is, no doubt, a source of- em- 
 barrassment to England. If it were not for the weakness of 
 Canada, Great Britain might have joined France in acknowledging 
 the Southern Confederacy. We must, therefore, become important, 
 not only to England, but in the eyes of foreign states, and espe-
 
 56 DISCUSSIONS IN CONFERENCE 
 
 cially of the United States, who have found it impossible to 
 conquer four millions of Southern whites. Our united population 
 would reach that number. For the sake of securing- peace to our- 
 selves and our posterity Ave must make ourselves powerful. Our 
 population is increasing in geometrical progression. The burdens 
 , of the United States and the re-action after the war will direct the 
 emigrating population of Great Britain to British America and 
 from the United States to a freer country — free from taxation and 
 less likely to be convulsed by war. There must be a new state of 
 thing.s in the United States before matters settle into their normal 
 condition. 
 
 A question or objection sometimes raised to the proposed 
 union is that of increased expense. This, I think, will be com- 
 paratively small, in fact scarcely appreciable. Take the expenses 
 of the Governments as they exist to-day, live in number. You will 
 find that they aggregate a very considerable amount. With one 
 general Government the expense would be very much less. After 
 the first two or three sessions the General Legislature, unembar- 
 rassed by local matters, will take very much less time. The ex- 
 penses of tlie subordinate legislatures will be small. Each 
 local government will be relieved of its provincial debts. I hope 
 one of the first things under the new system will be the issue of a 
 commission to enquire into the laws. We should have one statu- 
 tory law throughout, except in Lower Canada, wdiere the civil law 
 prevails. The great security for peace is to convince the world of 
 our strength by being united. 
 
 To Nova Scotia and New Brunswick Canada holds out the 
 Intercolonial road intimately bound up with the question of 
 union. As Mr. Tilley says, it is " absolutely necessary." When 
 the Intercolonial road was first proposed it was considered as a 
 great commercial work. We had then no Grand Trunk Railway, 
 at least but very slight communication with the seaboard. So 
 long as there is no war Canada can communicate (with the Lower 
 Provinces) through the States. Commercially the value of the 
 Lower Provinces has decreased to Canada, but in militarj'^ respects 
 they are very essential. The Intercolonial road must be a political 
 consequence of a political union. If it were thought by the Cana- 
 dian Parliament that this union should not take place, it would be
 
 OF DELEGATES FROM THE PIIOVIXCES. o7 
 
 difficult to induce that body to support the plan of an Intercolonial 
 road. I think it should be in any event, and would support and 
 vote for it ; but it would be a matter of great difficulty to carry. 
 
 It is impossible to have a ZoUverein, We must continue to 
 have hostile tariffs unless we have a political union. 
 
 A great evil in the United States is that the President is a 
 despot for four years. He is never considered as being the father 
 of his people. It was otherwise with Washington, who did not 
 escape slander. Every President is the leader of a party, and 
 obliged to consider himself as bound to protect the rights of a 
 majority. Under the British Constitution, with the people ha'sdng 
 always the power in their own hands and with the responsibility 
 of a Mniistry to Parliament, we are free from such despotism. 
 These weaknesses in the United States Constitution have not only 
 attracted our attention, but also that of Confederate States, who 
 endeavour to avoid them by having lengthened terms for their 
 President. With them great questions are not settled in commit- 
 tees as in the United States, but they allow Ministers to appear on 
 the floor of the House to defend their measures. They have cut 
 the wings of the President as leader of a part}' by providing that 
 no Government employee shall be dismissed without cause — tliat is, 
 that the right shall not be capriciously exercised. 
 
 As regards the constitution of our Legislature. In order to 
 have no local jealousies and all things conciliatory, there should be 
 a different system in the two chambers. With the Queen as our 
 Sovei'eign, we should have an Upper and a Lower House. In the 
 former the principle of equality should obtain. In the Lower House 
 the basis of representation should be population, not by universal 
 sufTrage, but according to the principles of the British Constitution. 
 In the Upper House there should be e(|uality in numbers. The 
 population of Upper Canada is 1,400,000 ; Lower Canada, 1,200,000 ; 
 Lower Provinces, 750,000. The rate of increase of population in 
 Canada must be greater in future than in the Maritime Provinces. 
 We considered at Charlottetown that Upper Canada should have 
 twenty members, Lower Canada twenty, and the Maritime Pro- 
 vinc3s twenty. If not politicall}' united tliey should still have the 
 same aggregate representation.
 
 58 DISCUSSIONS IX COXFEREXCE 
 
 With respect to the mode of appointments to the Upper 
 House, some of us are in favour of the elective principle. More 
 are in favour of appointment by the Crown. I will keep my own 
 mind open on that point as if it were a new question to me alto- 
 gether. At present I am in favour oi appointment by the Crown. 
 While I do not admit that the elective principle has been a failure 
 in Canada, I think we had better return to the original principle 
 and in the words of Governor Simcoe endeavour to make ours " an 
 image and transcript of the British Constitution." 
 
 We have to consider what is desirable ; and then what is 
 practicable. We cannot ask each Legislature to relinquish its 
 Upper House. It would be hazardous to the project of union. 
 My proposition to Canada is this. In our Legislative Council 
 there are seventy-two members. In the event of its being decided 
 that in the new body Upper Canada shall be represented by twenty 
 members and Lower Canada by twenty members, let the members 
 in each section meet and ballot or elect, as representative peers in 
 Scotland (the latter is perhaps the better plan), the councillors to 
 the new body, who should at once receive their appointment under 
 the Great Seal, for life ; those not elected, to be a portion of the 
 Local Legislature. The latter would have their own social position 
 and be active members of the body politic. A large qualification 
 should be necessary for membership of the Upper House, in order 
 to represent the principle of property. The rights of the minority 
 must be protected, and the rich are always fewer in number than 
 the poor. 
 
 Each Province shall adjust its own constituencies. We should 
 not embarrass ourselves with the qualification of the voter. Each 
 Province should send its representatives on the present system of 
 each, and the question of the qualification should be reserved for 
 the consideration of the whole Government united. 
 
 il7r. Brown — What as to raising the suffrage ? 
 
 Mr. John A. Macdonald — The system I propose is that which 
 was in the Union Act of Upper and Lower Canada. The pre- 
 liminary question for us to consider, is what powers should be 
 reserved to the General Legislatui-e and what given to the Local 
 Legislatures. That nmst be considered before we enter upon the
 
 OF DELEGATES FllO.AI THE PROVINCES. 59 
 
 subject of the constitution. We should keep before us the principles 
 of the British Constitution. It (our constitution) should be a mere 
 skeleton and framework that would not bind us down. We have 
 now all the elasticity which has kept England together. 
 
 Motion unanimously agreed to. 
 
 AFTERNOON SESSION. 
 
 Sir Etienne Tache stated that he w^as unavoidably obliged to 
 leave the chair to meet His Excellency the Governor-General, and 
 he requested Colonel Gray, of Prince Edward Island, to take the 
 chair during his absence, which the latter accordingly did. 
 
 Mr. Dickey — What authority from the Home Government have 
 we to consider this subject ? 
 
 Mr. John A. Macdonald quoted despatch from the Duke of 
 Newcastle to the Earl of Mulgrave, Lieutenant-Governor of Nova 
 Scotia, dated 6th July, 1862.* 
 
 Mr. Brown moved, seconded by Mr. Archibald : — 
 
 That in the Federation of the British North American Provinces, the system of 
 government best adapted under existing circumstances to protect the diversified interests 
 of the several Provinces and secure efficiency, harmony and permanency in the working 
 of the Union, would be a General Government, cliarged with matters of common interest 
 to the whole country; and Local Governments for each of the Canadas and for the Mari- 
 time Provinces, charged with the control of local matters in their respective sections ; 
 provision being made for the admission into the Union on equitable terms of the North- 
 West Territory, British Columbia and Vancouver. 
 
 Mr. Fisher — I should have preferred a legislative union if it 
 were feasible. 
 
 Mr. Brown — It must be a federal and not a legislative union. 
 That is the main object of my motion, together with the inclusion 
 of the North- West Provinces. The latter opens up a wide ques- 
 tion. The population of the Red River Settlement is now 12,000 
 and we must look forward to the day of settlement and occupation 
 of that country. The inclusion of British Columbia and Vancou- 
 ver Island is rather an extreme proposition, but it would be 
 wrong to exclude them in the formation of the scheme. The 
 Americans are encroaching. A large portion of the land at 
 Saskatchewan might be forraed into a Crown Colony or be in the 
 
 * See Appendix V.
 
 CO DISCUSSIONS IX CONFERENCE 
 
 Union. The people of Upper Canada in going into the Union 
 would feel strongly that that country should be secure to us. To 
 make communication less difficult there should be a winter route. 
 
 Mr. Fisher — I think we should lay this matter before each 
 Legislature, but not press it next session. 
 
 Mr. McCiilly — Is it necessary that this question should be 
 submitted to the people ? In New Brunswick (?) men of large 
 minds approve of it and think it should be proceeded with at once. 
 But there is another class between them and the mass of the people 
 who hesitate and halt and doubt the propriety of taking a step 
 like this. More intelligent people, like delegates, should take the 
 matter into their own hands and not wait to educate their people 
 up to it. 
 
 Adjourned at four o'clock p.m. 
 
 WEDNESDAY, 12TH OCTOBER, 18G4. 
 
 The discussion on Mr. Brown's motion of yesterda}' was re- 
 sumed. 
 
 Mr. Palmer — I do not oppose the motion generally. But our 
 discussion is in advance of the propositions contained therein. I 
 call attention to the acquisition of the North-West. Our powers 
 as delegates are strictly defined, and we should confine our delibe- 
 rations to our own Provinces. Is it right or politic to embrace a 
 consideration of the Hudson's Bay Territories, including Mr. 
 Brown's reference to the American views as to acquiring posses- 
 sion of it. Should we introduce an}^ allusion to it I 
 
 Mr. Carter — I should have heartil}'' concurred in the vote of 
 yesterday had I been here, and regret iwy absence. As regards 
 the motion before the chair, I like the g-randeur and mag-nitude of 
 the scheme. But I do not see that anyone is justified in speaking 
 of taking in the Hudson's Bay Territories. 
 
 Mr. Wlielan — I was absent yesterda}', but do not desire to 
 withhold my adhesion from the great and glorious pi'inciple in- 
 volved in the motion of yesterday. I do not fear a small colony 
 like Prince Edward Island being involved. We are forming a
 
 OF DELEGATES FROM THE PROVINCES. 61 
 
 constitution for a country larger than Europe in extent. There is 
 a^ apprehension abroad in the Lower Provinces that Canada de- 
 sires to swamp and extinguish their provincial character. Such 
 ought not to be objected to. It is desirable that our mere provin- 
 cial character should be lost and that we should form one great 
 country. 
 
 Mr. Brown's motion carried unanimously. 
 
 The Honourable Mr. Shea rose and suggested that it would 
 tend to the despatch of business before the Conference if the 
 several resolutions intended to be moved were prepared in advance 
 by a committee composed of the delegates of Canada. 
 
 Mr. Shea's suggestion was agreed to, and the Conference ac- 
 cordingly adjourned for such purpose. 
 
 WEDNESDAY, 1!)TH OCTOBER, 1864. 
 
 The Conference resumed consideration of the motion of the 
 Hon. Mr. Tupper respecting the selection of members of the Legis- 
 lative Council, and of the motion of the Hon. Mr. Coles in amend- 
 ment theieto. (See pp. 15, 16.) 
 
 Mr. Fisher — Canada should not prescribe the mode of selec- 
 tion, but leave the matter to the Local Legislatures. 
 
 Mr. Tv/pper — This would be imposing an irritating subject 
 on the Local Legislatures. The Legislatures will say this must 
 be settled before the question of Confederation. 
 
 Mr. Chandler concurred. 
 
 Mr. McGidlii — One of the arguments that will be most use- 
 ful to commend this project of Confederation to the people of the 
 Lower Provinces is that it will not involve additional expendi- 
 ture but decrease the expenses of the Local Governments. I 
 agree with Mr. Tupper. 
 
 il/r. Coles — I differ from him. We should not dictate the 
 course to be taken. Leave it open to all duly qualified persons 
 in the Province. Excepting Prince Edward Island will not sat- 
 isfy me ; it will place us in difficulty.
 
 62 DISCUSSIONS IX COXFEREXCE 
 
 2Tr. Heivi'u — If we are limited to ciioose from the present 
 Legislative Councils in the Lower Provinces, we are violating 
 sound principles. It will follow that we cannot have fresh men 
 for ten or twelve years. Each Government should choose its 
 own meu in its own way. We should not limit ourselves. 
 
 Mr. Tupper — Nova Scotia will be abundantly satisfied by 
 choosing ten Legislative Councillors out of the present men. We 
 can select representative lavryers, merchants, and professors of 
 different creeds out of them. But this should be confined to first 
 selection, 
 
 Mr. Coles' amendment defeated. Prince Edward Island alone 
 voting for it. 
 
 Mr. Tupper's amendment carried, Prince Edward Island vot- 
 ing against it. 
 
 Mr. Gait moved : — 
 
 That in the first instance the members to be chosen for the Legislative Council of 
 the United Provinces, excepting Prince Edward Island, shall be chosen bj' lot from the 
 existing members of the Legislative Councils of the several Maritime Provinces, and of 
 those sitting in Canada, from Upper and Lower Canada respectively. 
 
 And that as vacancies occur in the representation from any Province, they shall be 
 filled by the persons whose names shall have been drawn next in priority to those first 
 selected until the whole number shall be exhausted. 
 
 Mr. Fislier — -I object to the motion. I feel we have been over- 
 ridden by Canada in this. It overrides the Assembly and makes 
 the Legislative Council the greatest power. Why tie down other 
 Provinces, if Prince Edward Island is excepted ? Canada should 
 give the Local Legislatures the power to choose. As it is, it will 
 add greatly to the diificulties of New Brunswick. It makes the 
 Legislative Councils the controlling power. 
 
 Mr. Tupper— 1 rise to a question of order. No discussion 
 is allowed after the vote is taken. The point alluded to has. al- 
 ready been decided. 
 
 (From what follows it appears that Mr. Brown here made 
 some remarks adverse to the motion of Mr, Gait, which have not 
 been recorded). 
 
 Mr. Tiq^pei — I agree with Mr. Brown that the Legislative 
 Council should be chosen from all parties. This motion will pre- 
 vent that. 
 
 The Canadian delegates retired. On returning.
 
 OF DELEGATES FROM THE PROVINCES. 63 
 
 Mr. Gait — I have decicletl to drop the last paragraph of my 
 motion as follows : — 
 
 And tkat as vacancies occur in the representation from any Province, tiiey shall be 
 filled by the persons whose names shall have been drawn next in priority to those first 
 selected until the whole number shall be exhausted . 
 
 My motion will therefore read : — 
 
 That in the first instance the members to be chosen for the Legislative Council of 
 the United Provinces, exceptinp: Prince Edward Island, shall be chosen by lot from the 
 exisiting members of the Legislative Councils of the several Maritime Provinces, and of 
 those sitting in Canada, from Upper and Lower Canada respectiveh'. 
 
 Mr. Gait's motion lost. Contents — Canada, two. Nou- 
 coutents — Nova Scotia, Xew Brunswick, Newfoundland, three. 
 Prince Edward Island did not vote. 
 
 The Hon. Mr. Shea moved : — 
 
 That such first selection shall be made by the Local Government of each Province so 
 far as a sufficient number be found as aforesaid, and in case such sufficient number cannot 
 be found, then the Local Government shall name for appointment other duly qualified 
 parties to make up the deficiency. Pi'ovided that the Government of Canada shall select 
 for both sections of Canada, and that the Government of Prince Edward Island shall 
 name for appointment the whole number of the Legislative Councillors allotted to it. 
 
 Mr. Broivn — Although approved by the Canadian delegates 
 by a majority vote, I think the motion very objectionable. It 
 was carried by nine to tbree, but I cannot agree to it.* 
 
 Mr. McGully — If a question of delicacy in a coalition govern- 
 ment, how much. more so must it be in the case of Governments 
 not formed on the coalition principle. Some modification of the 
 principle stated in the motion is necessary. Due regard should 
 be had to the claim's of the Opposition so- that political parties 
 may be equally represented in the Legislative Council. 
 
 Mr. Tiip'per — Canada has a combination of parties. But in 
 the Lower Provinces it is otherwise, and both parties are entitled 
 to be fairly represented. If Nova Scotia is called on to appoint 
 ten members it shall be done by fair representation of all parties, 
 but that stiould be the result of conference, though not necessary 
 to publish the fact. 
 
 * There is apparently some confusion in the notes at this place. These remarks of 
 Mr. Brown may refer to Mr. Gait's motion, for the consideration of which the Canadian 
 delegates withdrew. At the same time it is evident from his subsequent remarks, 
 that he strongly opposed Mr. Shea's motion. What adds to the diflBculty of interpreta- 
 tion of the record of this part of the debate is the fact that the motion of Mr. Shea is in 
 the handwriting of Mr. John A. Macdonald, and may therefore, equally with that of Mr. 
 Gait, represent the views of the majority of the Canadian delegates against which Mr. 
 Brown protested.
 
 64 DISCUSSIONS IN CONFERENCE 
 
 Col. Gray (New Brunswick) — A course to suit one Gov- 
 ernment Avill not suit another. Let Canada, carry her own plan 
 as she pleases, and let each of the other Provinces do tne same. 
 After the first batch is over we fall into the rule prescribed by 
 the Federal constitution. I would leave the first selections to 
 the Local Governments, it would be to their interests to get good 
 men. Local jjartisanship will not come up in the Legislative 
 Council of the Federal Govei^nment, and, therefore, the best men 
 will be chosen. No broad principle can be laid down that is 
 suitable to all. I would propose that mode of first choice shall 
 be settled, and prescribed by the Local Legislatures, The in- 
 terests of both sides will be regarded. The Canadian Govern- 
 ment can thus carry their own plan through their Legislature. 
 
 The motion of the Hon. Mr. iSihea was by leave of the 
 Conference withdrawn. 
 
 Mr. Archibald moved : — 
 
 That in the selection of members of the first Federal Legislative Council, each 
 Province shall be governed by such rules now to be agreed upon as are considered by the 
 Conference most suitable to the circumstances of the particular Provinces. 
 
 Mr. McGidly — This is the same as my amendment of last 
 night. The Conference exhibits evidence that on fundamental 
 principles the Provinces are not prepared for Federation. My 
 argument is that, if you leave the selection to the Local Legisla- 
 tures, it will prove a bone of contention and jeopardize the Fed- 
 eration. The Legislatures are under no restraint as to the com- 
 position of the Legislative Council. The Executive would not be 
 so. I beg to move in amendment to the motion of Mr. Archi- 
 bald :— 
 
 That the Legislative Council shall in the first instance be chosen in Canada by ballot, 
 and in the other Provinces, by the Execvitive Governments. 
 
 Mr. Brown — I appealed to the other Provinces to aid my 
 views because Canada has decided by a majority, but contrary 
 to the views of my party. We say we could not leave to the 
 Executive the choice of Legislative Councillors. A conflict 
 might arise in the Cabinet before the choice was made, and a 
 party administration might be formed. 
 
 Mr. John A. Macclonald — But that exists in Nova Scotia and 
 New Brunswick at this time. 
 
 Mr. Brown — But the plan could not be carried in Canada.
 
 OF DELEGATES FROM THE PROVINXES. 65 
 
 Mr. John A. Macdonald — Arriingements can be made as to 
 consultation between parties in case of a party Goyernment. But 
 we sliould not have a different system iu the different Provinces. 
 It is of great importance that all should follow the same mode. 
 
 Mr. Tapper — An essential point is that the Executive Gov- 
 ernments should appoint the first Legislative Council. 
 
 The motion of 3Ir. Archibald and amendment of the Hon. Mr. 
 McCully were withdrawn. 
 
 Mr. McGidly — Before the Legislative Council can be formed 
 there must be an Executive. I am content to take that the Gov- 
 ernment of each Province shall appoint subject to the approval 
 of the Executive Council of the whole Federal Government. I 
 accordingh' move : — 
 
 That the members of the first Legislative Council in the Federal Legislature shall 
 be appointed by the Crown at the recommendation of the Federal Executive Government 
 upon the nomination of the respective Local Governments. And that in such nomina- 
 tion due regard be had to the claims of tlie members of the Legislative Council of the 
 Opposition in each Province, so as that all political parties be as nearly as possible fairly 
 represented. 
 
 Mr. Twpper — How do 3'ou construct the Executive before the 
 Legislative Council ? 
 
 Mr. John A. Macdonald — An Executive Council for the Fed- 
 eral Government must be the first thing. It will be in its nature 
 provisional. After the elections the party not having support 
 must go out. 
 
 Mr. TUley — I think this is an additional guarantee to the 
 minority that party shall be represented. Anything to the con- 
 trary would be a direct breach of the will of the Conference. 
 
 Mr. Coles — How is the minority to know of the proposed 
 appointments ? 
 
 Mr. John A. Macdonald — The Federal Government will be 
 bound to see that the parties are appointed under this under- 
 standing before their appointments are ratified. 
 
 Mr. Brown — I think Mr. McCully 's proposal is an amelioration 
 of the evil under which we should labour if Mr. Shea's motion had 
 carried. But I think it still objectionable. I press on the Con- 
 ference that each Province should be allowed to take its own 
 mode of selection.
 
 66 . DISCUSSIONS IN CONFERENCE 
 
 Mr. Archibald — It is desirable to have one plan for the 
 whole. The Maritime Provinces will probably adopt the same 
 system, and Canada should agree to one. 
 
 Mr. Fisher — Canada has forced us into a false position by 
 requiring the choice to be made from the existing Legislative 
 Councillors. 
 
 Mr. John A. Macdonald — I must deny on the part of Canada 
 any attempt to coerce other Governments. The other Provinces 
 took the same view. 
 
 Mr. McDougcdl — I disagree with the shape which the question 
 is in before the Conference. Two questions were submitted to 
 Canada. Mr. Brown asks the other Provinces to assist the min- 
 ority of the Canadian delegation. That I think wrong. The 
 proper course for the minority of the Canadian Government 
 will be to discuss the matter afterwards among themselves and 
 endeavour to change their colleagues' opinions. 
 
 Mr. Brown — It was understood that we should vote by Pro- 
 vinces, but it was also understood that every individual member 
 should speak against the decision of his own Province. 
 
 Mr. McDougall — Is it the meaning of the resolution that 
 the Federal Government can displace any member of the Legis- 
 lative Council appointed in breach of agreement ? 
 
 Mr. John A. Macdonald. — It is the understanding that the 
 Federal Government shall be a Court of Equity to see that the 
 understanding of fairness as to party is carried out. 
 
 - Mr. McCully's motion was unanimously agreed to. 
 
 Mr. Brown moved a resolution defining the representation in 
 the House of Commons. (See pp. 19, 41). 
 
 Mr. Gait — In reference to Mr. Brown's motion, I propose 225 
 members instead of 200. If we divide 225, according to popula- 
 tion, I calculate it would give : — 
 
 L^pper Canada 99 
 
 Lower Canada 74 
 
 Nova Scotia 21 
 
 New Brunswick 17 
 
 Newfoundland 8 
 
 Prince Edward Island. . . G 
 
 225
 
 OF DELEGATES FROM THE PROVINCES. G7 
 
 We should commence with the census of 18G1, and re-adjust 
 after each subsequent census. We have supposed that the popu- 
 lation of Lower Canada, being tolerably equable in its character, 
 would afford the best basis. But having respect to the rapid 
 increase of Upper Canada, we think the Lower Provinces should 
 not be reduced if they do not increase in the same ratio. There- 
 fore, the Lower Provinces would have the same as they have now 
 unless in the very improbable case of any one falling off by five 
 per cent, or more — that is a decrease relatively to the whole 
 Federation. 
 
 Mr. Brown — We thought it best not to take the census of 
 1861, but the jiroportionate increase in five years thence and 
 change in 1881, but this may not be intelligible. It may be bet- 
 ter to take the census of 1861. In that case the figures in the 
 motion will be as follows : — 
 
 Upper Canada 82 
 
 Lower Canada 65 
 
 Nova Scotia 19 
 
 New Brunswick 15 
 
 Newfoundland 7 
 
 Prince Edward Island. . 5 
 
 193 
 
 Mr. Tiipper — That is better, as the public in the other case 
 have no data. 
 
 Mr. Brown — In the apportionment, if a fractional part, we 
 don't allow it ; if over one-half, we allow one. 
 
 21r. Jolmson — But if you have quadrennial Parliaments, you 
 may by increase of population have to increase your members 
 in the Assembly at an improper time. 
 
 Mr. Tilley — And to alter your electoral divisions. 
 
 Mr. Brown — After the census of 1871, we shall adopt the 
 same rule. The practical result will be that while Lower Ca- 
 nada certainly will not be less and the Lower Provinces may in- 
 crease in population, they cannot decrease in the number of re- 
 presentatives. It keeps the House within a reasonable limit. It 
 is now to start with one in 17,000. It will afterwards vary. 
 There is just one dififlculty. Messrs. Gait and Cartier think the 
 number too small. Thev think the House should number 216.
 
 68 DISCUSSIONS IN CONFERENCE 
 
 In that event, Mr, Gait proposes that Lower Canada shall get 
 73, and the rest in proportion, so as to get, on the basis of the 
 census of 1861, 216 in the House. 
 
 Mr. Coles — 1871 is too soon to alter. It should be in 1881. 
 
 Mr. G'tlt — Upper Canada will not consent to that, and it must 
 be so definitely understood. 
 
 2Ir. Tilley — We have fourteen counties, some with four re- 
 presentatives, others with tw^o, and the City of St. John, two.^ 
 Twenty-one, the number stated in the printed motion, would bet- 
 ter answer us. I agree with Mr, Brown's proposition to begin 
 with a goodly number, that it may not be disturbed for some time 
 to come. 
 
 Mr. McCidhj — I advocate the adoption of the measure as it 
 stands. I do not think w^e should make any local distribution of 
 members. 
 
 Mr. Archibald — By accident the proposed arrangement will 
 suit both Nova Scotia and New Brunswick, One member for 
 each county, and one for each metropolis, will give the exact num- 
 ber provided in Mr, Brow^n's scale of 193. 
 
 The several Provinces announced their consent and approval 
 of the scheme of 193 members based on the census of 1861, as 
 
 precisely suiting- the mode in which each could adapt the elec- 
 toral divisions at jDresent existing to such a state of things. 
 
 Mr. Shea, however, argued that inasmuch as the Newfound- 
 land census was taken in 1857, an allowance for the period inter- 
 vening between that date and 1861 would entitle Newfoundland 
 to another representative. It w-as conceded by all the Provinces 
 that Newfoundland should have another representative, thus 
 raising its number to eight, and the whole number to 191. 
 
 Mr. Brown's motion carried, Prince Edward Island alone 
 voting nay. 
 
 Mr. Hav'dand — Prince Edward Island would rather be out 
 of the Confederation than consent to this motion. We should 
 have no status. Only five members out of 194 would give the 
 Island no position. 
 
 Mr. Tdley — That is rather a singular ground of objection, 
 for they have objected to the basis of representation by popul.i- 
 tion. Now it was fully understood at Charlottetown that those
 
 OF DELEGATES FR0:M THE PROVIXCES. 69 
 
 who came to tlie Conference expected representation by popu- 
 lation. Some difficulty might have arisen on those points but 
 not on this. 
 
 Mr. Palmer — I am not inimical to the grand scheme of Con- 
 federation. I believe it will be productive of great benefits. But 
 I take exception to the principle adopted by this resolution. Se- 
 presentation by population is not applicable when a certain num- 
 her of Provinces are throwing their resources inlo one Confedera- 
 tion, and giving up their own seif-20vernmenr and individuality. 
 When a colony surrenders that right, she should have something 
 commensurate in tlie Confederation. The debt of Prince Edward 
 Island is nothing. Our taxation is vastly below that of the 
 other Provinces. Our trade and revenue are rapidly increasing. 
 Why give up so great certainties for an uncertain benefit where 
 we have only a feeble voice ? Looking first at the larger Pro- 
 vinces, Canada has secured to lierself a greater number of repre- 
 sentatives than she had before. It may be said that we may join 
 with the other Maritime Provinces in any matters affecting our 
 common interests, but even then our united strength would still 
 be far below Canada's number of representatives. Not even two 
 or three more members would induce me to give my assent to 
 the scheme. I never understood that any proposition at Char- 
 lottetown was to be binding as to representation by population. 
 It was there made by those from Canada and I did not think it 
 necessary to remark on it, as it was a mere suggestion then 
 thrown out by Canada for consideration. 
 
 Mr. Shea — The speech just made should have been delivered 
 before we came to this Conference. TMiat has brought us here ? 
 What brought about the Conference except the difficulties in Ca- 
 nada over the question of representation by population ? We 
 came here from Newfoundland with that understanding. Cana- 
 da could not give way in such a matter. Prince Edward Island 
 is in a better position than Newfoundland as regards the Legis- 
 lative Council, as they ha^e an equal number of representatives 
 therein. 
 
 Mr. Coles — Newfoundland is the cause of our getting a less 
 representation in the Legislative Council than we should other- 
 wise have had. I understood that this matter was to be settled 
 on the basis of representation by population. I stated lately 
 that I thoucht our Prince Edward Island Government should not
 
 70 DISCUSSIONS IX CONFERENCE 
 
 have sent us here unless tO' carry out these views stated by the 
 Canadian Government. The Attorney-General of Prince Edward 
 Island (Mr. Palmer) now states thatt the Government cannot ac- 
 cede to it. I think that we came here prepared for representation 
 by population, and I regret that the Attorney-General of Prince 
 Edward Island had not previously stated that he could not ac- 
 cede to the principle and withdrawn from the Conference. 
 
 2Ir. Havilaiid — I am not a member of the Prince Edward 
 Island Government. I express only my individual opinion. 
 
 Mr. Coles — Then the Governmeufc should have instructed 
 their delegates properly. 
 
 Colonel Gray (Prince Edward Island) — My colleagues and 
 myself feel in a humiliating position. We feel that a slur has 
 been cast by Mr. Coles on the Government which I have the 
 honour to lead. I came to the Conference understanding fully 
 the question. I have never had any conversation with the At- 
 torney-General on the subject. My idea was as clear as the sun 
 at noonday that we were to treat on the basis of representation 
 by population. The Attorney-General heard as much as I did at 
 Charlottetown. Certainly none of us should have been here un- 
 less the members of our delegation had been agreed on the point. 
 All that I could get for Prince Edward Island I would, but I 
 fancied we were fully agreed on these points at Charlottetown, 
 and that our discussion was to be about details. 
 
 Mr. Gait — It would be a matter for the greatest regret that 
 any difficulty should arise over this matter. We request the 
 Prince Edward Island delegates to reconsidel' their decision. It 
 would be a matter of reproach to us that the smallest colony 
 should leave us. 
 
 Mr. Whelaii — I should feel it my duty to-night to vote 
 against the resolution, but we had better re-consider the matter. 
 Mr. Haviland and I came here perfectly untrammelled and with- 
 out any instructions from the Government of Prince Edward Is- 
 land. We understand that all proceedings were to be de novo 
 and apart from anything which had taken place at Charlotte- 
 town. I thought that Prince Edward Island had not been fairly 
 treated as to representation in the Legislative Council, but I gave 
 way on that occasion. I do not think, however, I could say 
 that I was satisfied with the representation of five in the Federal
 
 OF DELEGATES FROM THE PROVINCES. 71 
 
 House of Commons. We are in an isolated position. Our re- 
 sources are large, and our people would not be content to give 
 up their present benefits for the representation of five members. 
 It may be said that the Confederation will go on without Piince 
 Edward Island, and that we shall eventually be forced in. Bet- 
 ter, however, that, than that we should willingly go into the Con- 
 federation with that representation. But if the Government who 
 form the delegation will take the responsibility on them, I maj 
 support them. 
 
 Adjourned at ten o'clock p.m. 
 
 THURSDAY, 20TH OCTOBER, 18G4. 
 
 2Ir. Brown — I desire to ask if the Prince Edward Island 
 delegates will state what their views are on the resolution of last 
 evening. 
 
 Mr. Palmer — On making my observations last night I was 
 under the impression with respect to any vote given that the 
 party voting was bound to maintain it. Dr. Tupper had said 
 whoever voted for a proposition could not afterwards oppose it 
 in his Local Legislature, and such appeared to be the general 
 opinion by tacit consent. I could not consent that Prince Ed- 
 ward Island, free of debt comparatively, should come into Federa- 
 tion with the other Provinces indebted largely, especially as no- 
 thing had been said or settled as to the relative shares of the 
 burdens to be' borne by each. I am told, however, by my 
 colleagues from Prince Edward Island, that the financial ques- 
 tions will follow the present discussion, and that the matter of 
 representation must depe.id on the financial resolutions. That 
 may alter our position. 
 
 Mr. Coles — Every question must stand on its own footing. 
 Why mix up financial matters with representation ? 
 
 Colonel Gray (Prince Edward Island) — I am instructed by 
 my co-delegates to say that the provision of five members is un- 
 satisfactory. Prince Edward Island is divided longitudinally 
 into three counties, each returning ten members. But they are 
 always opposed to change of representation. We cannot divide 
 the three counties into the five members. 
 
 Mr. Brown — Every Province must revise its own electoral 
 divisions to suit the number of its representation.
 
 72 DISCUSSIONS IN CONFERENCE 
 
 Mr. Coles — Mr. Gait had proposed six members for Prince 
 Edward Island. I approved that rather than Mr, Brown's mo- 
 tion, because it allows ns to give to our three counties two mem- 
 bers each. 
 
 Mr. Pope — I was absent last ni_i4']it. I was under the im- 
 pression that it had been clearly laid down at Oharlottetown that 
 representation bj population was to form the basis of the Lower 
 House. I could not, therefore, have argued for a greater number 
 than our population entitled us to get. I agree in all that has 
 been said by Colonel Gray and Mr. Coles. But the circumstances 
 of Prince Edward Island are such that I hope the Conference 
 will agree to give us such a number as we can divide amongst 
 our three constituencies. Nature, as well as the original settle- 
 ment of the Island, has made three counties, and it would give 
 rise to much difficulty if we had to adjust five members to the 
 three counties. I cannot ask it as a matter of right, but one of 
 expediency, as one without which it is impossible for us to carry 
 the measure in Prince Edward Island. I, therefore, ask for six 
 members. 
 
 Afr. Havila/nd — I fully agi-ee with Mr. Pope. It would be 
 an insuperable difficulty to us if we had not six members. 
 
 Mr. Brown — To give Prince Edward Island five members 
 the total ijroperly should be 205. It is obvious we cannot depart 
 from representation by population. The only thing to do would 
 be to take Prince Edward Island as the basis which would give 
 a House of 230, altogether too large. Give one member to each 
 county and let the whole Island elect the other two, and keep the 
 number five intact ; or let the whole Island elect five. We should 
 have to add thirty-eight members to the House in order to give 
 Prince Edward Island six, as the basis of representation by popu- 
 lation. 
 
 Mr. A. A. Macdonald — We are not bound by the principle 
 of representation by population laid down at Charlottetown. 
 Our constituents will say and will speak of the increased repre- 
 sentation of Canada, and decreased representation of the Lower 
 Provinces. 
 
 Mr. Gait — There is no use in asking the Conference to de- 
 part from the principle laid down. We could not justify it. If 
 the principle is good it is the same for all, and we could not de-
 
 OF DELEGATES FROM THE PROVIXCES. 73 
 
 fend the action of giving- i;>,000 in Prince Edward Island a mem- 
 ber where it requires 17,000 in any other Province for that pur- 
 pose. It would be indefensible. The difficulty is of a purely 
 local nature. It is impossible for the Conference to depart from 
 the rule of population being the basis of representation. 
 
 Mr. McCidly — There is another reason. As to the consti- 
 tution of the Upper House, we looked on that as flexible. If we 
 made the concession perhaps Pi-iuce Edward Island might not 
 come in ; and, besides, the North- West might require, for some 
 local reason, an increased representation irrespective of popula- 
 tion. The rule of representation by population must be rigid 
 and unyielding. 
 
 Mr. Dickey — Give one member to each county in Prince 
 Edward Island, one to Charlottetown, and one elected by the 
 whole Island. Members elected for the Federal Legislature would 
 not be elected for local purposes, but are representatives of the 
 whole Island. It is a question for Canada. We (Nova Scotia) 
 would concede t3ie six members thoug'h it would place us in diffi- 
 culty. 
 
 Mr. H(tviland — There is no solution in the above proposition. 
 
 2Jr. Pope — Religious feelino- in Prince Edward Island runs 
 very high. The Protestants outnumber the Roman Catholics, 
 and in consequence the fifth member as proposed by Mr. Dickey 
 would not represent the Roman Catholics. 
 
 Mr. Fisher — I came here convinced that representation by 
 population was settled as the basis upon which the Provinces 
 were to be asked to confederate. 
 
 Mr. Coles — Whatever maj- be the result of this matter, 
 Prince Edward Island should submit.. The question has been 
 settled. Let us go on with the business, and let Prince Edward 
 Island settle for themselves when the question comes before 
 them. 
 
 3.1r. John A. Macdonald moved : — 
 
 That there shall be a session of the Legislative Council and Assemblj- once at least 
 in every year, so that a period of twelve calendar months shall not intervene between the 
 last sitting of the Legislative Council and Assembly in one session and the first sitting of 
 the Legislative Council and Assembly in the next session. And every Legislative 
 Assembly shall continue for five years from the day of the return of the writs choosing 
 the same and no longer, subject nevertheless to be sooner prorogued or dissolved by the 
 Governor.
 
 74 DISCUSSIONS IN CONFERENCE 
 
 He said : There have been only four Parliaments out of 
 eighteen in England which have exceeded five years. The term 
 Parliament is correct, because Parliament is dissolved, but elec- 
 tions take place for Commoners only. I prefer the term " House 
 of Commons," but they do not like it to be used elsewhere than 
 in England as the}^ have prescriptive rights. I desire a clause 
 to the effect that all rights of the Lords or Commons in their 
 legislative capacity shall be provided to the Federal Parliament. 
 It would be necessary to say legislative capacity, as the House 
 of Lords has a. judicial capacity. Carried. 
 
 Mr. John A. Macdonald moved : — 
 
 That the Executive authoi-ity or Government shall be vested in the .Sovereign of the 
 United Kingdom of Great Britain and Ireland, and be administered according to the vs^ell 
 understood principles of the British Constitution by the Sovereign personally or by 
 representative duly authorized. 
 
 j\lr. Tiipper — Is it meant to leave it to the Queen or to -make 
 any suggestion as to the appointment of a Viceroy ? 
 
 Mr. John. A. Alacdonald — I think it advisable not to make 
 any suggestion. At least it should not be a constitutional sug- 
 gestion. Hereafter the Parliament of the Federation may re- 
 present a desire for one of the Royal Family as Viceroy. 
 
 Mr. McCidly — I assume that we should continue to be gov- 
 erned by a Governor-General. 
 
 Mr. Macdonald's motion carried. 
 
 2Ir. Broiun — As to Local Governments, we desire in Upper 
 Canada that they should not be expensive, and should not take 
 up political matters. We ought not to have two electoral bodies. 
 Only one body, members to be elected once in every three years. 
 Should have whole legislative power — subject to Lieutenant- 
 Governor. I would have Lieutenant-Governor appointed by 
 General Government. It would thus bring these bodies into 
 harmony with the General Government. In Upper Canada, ex- 
 ecutive officers would be Attorney-General, Treasurer, Secre- 
 tary, Commissioner of Crown Lands, and Commissioner of Pub- 
 lic Works. These would form the Council of the Lieutenant- 
 Governor. I would give Lieutenant-Governor veto without ad- 
 vice, but under certain vote he^ should be obliged to assent. 
 During recess Lieutenant-Governor could have power to sus- 
 pend executive oflScers. They might be elected for three years 
 or otherwise. You might safely allow County Councils to ap-
 
 OF DELEGATES FROM THE PROVINCES. 75 
 
 point other officers than those thej now do. One Legislative 
 Chamber for three years, no power of dissolution, elected on one 
 day in each third year. Lieiitenant-Crovernor appointed by Fed- 
 eral Government. Departmental officers to be elected diirini?^ 
 pleasure, or for three 3'ears. To be allowed to speak but not 
 to vote. 
 
 Mr. Cartier — I entirely differ Avitli Mr. Brown. It introduces 
 in our local bodies republican institutions. 
 
 Mr. Brown moved : — 
 
 That ill the Local Government there shall be but one Legislative Chamber. 
 
 Sir E. Tache — This motion is made merely to elicit opinion 
 of conference. 
 
 Mr. Tilley — New Brunswick differs with Mr. Brown, They 
 propose to keep the existing things as they are, so far as con- 
 sistent with expense. They propose Lieutenant-Governor, five 
 departmental officers, with seats in House. 
 
 Mr. Dic^cey — Before details, settle pi'inciples. Will con- 
 ference take present Local Governments as models ? 
 
 Mr. Fisher — I am opposed to Mr. Brown's views. I approve 
 of the present system of Local Legislatures. I agree with Mr. 
 Brown that the Lieutenant-Governor should be appointed by the 
 Federal Government. 
 
 Mr. Carter — In 1842, we had one Chamber in Newfoundland, 
 partly appointed by Crown and partly by people. It worked 
 well. An object to reduce exjiense. 
 
 Mr. Henri/ — I think uniformity is very desirable. But you 
 should first consider what is to be left to the Local Legislatures 
 before you proceed to discuss their constitutions. 
 
 Mr. McGee — No. Institute your body, then assign its 
 powers. 
 
 Mr. Chandler — We are here to form a constitution for 
 Federal Government. Let the Provinces otherwise remain as 
 they are, so far as possible. 
 
 Mr. Tupper — I agree with general principles laid down by Mr. 
 Brown that the Governments should be as simple and inexpen- 
 sive as possible. We should diminish the powers of the Local
 
 76 DISCUSSIONS IN CONFERENCE 
 
 Governments, but we must not shock too largely the prejudices 
 of the people in that respect. 
 
 Air. McCulhi — We must have miniature responsible Govern- 
 ments. 
 
 Adjourned at two o'clock p.m. 
 
 EVENING SESSION. 
 
 Mr, Archibald proposed a resolution to the effect that Lieu- 
 tenant-Governors, should be appointed by the Federal Govern- 
 ment for five years ; each Legislature to continue until altered. 
 He said : If the Imperial Act authoii'izes this, you have then the 
 several governments shorn, however, of such powers as are 
 ■taken from them by the central authority. 
 
 Mr. Cluiiidler — I t]:iiuk we should form only a federal con- 
 stitution, and we should pass no resolutions or act relative to 
 the Local Governments. Let them retain what they have, and 
 have power to manage their own local concerns. The Imperial 
 Government will never consent to put in an Imperial Act of 
 Parliament that the Crown shall appoint Lieutenant-Go vernor« 
 on the recommendation of the Federal Government. It is per- 
 fectly understood that as in case of Legislative Councillors the 
 Crown take the recommendaition of the Government and appoint 
 a suitable person. 
 
 Mr. McCidly — I would make it a1)solute in the Federal Gov- 
 ernment to appoint Lieutenant-Governors. 
 
 Mr. Chandler— I tliink the Imperial Government would never 
 acquiesce in that. 
 
 Mr. McDoiigall — -From the peculiar position of Canada we 
 must get permission to change. 
 
 Mr. Dickey — I agree with Mr. Chandler that the Crown 
 should appoint Lieutenant-Governors directl}'. 
 
 Mr. Brown — One material point is that the choice of tlie 
 Federal Legislative Councillors will extinguish or largely di- 
 minish the Local Legislative Councils. If you have a Local 
 Legislative Council you then embarrass yourselves by recon- 
 structing that body. Mr. McDougall says he is willing to take a 
 Governor and two Chambers as a Local Government and reduce
 
 OF DELEGATES FROM THE PROVINCES. 77 
 
 them afterwards. Consider how insignificant are the matters 
 agreed at Charlottetown, to be left to the Local Governments. 
 As to private and local bills, that might be done under the Gen- 
 eral Incorporation Act. 
 
 Mr. John A. Macdonald — The Imperial Act must repeal 
 the several Acts affecting the constitution of the various Colonies. 
 The most artistic way to do this would be to wipe them out and 
 re-enact. The mode adopted in Ireland was by resolutions setting 
 fortli " it is tit thafc such should be done," which were afterwards 
 turned into enactments. I have little doubt that when the sys- 
 tem is complete a delegate will have to be sent to the Imperial 
 Government from each Province, charged with the interests of 
 the Province and to express them to the Imperial Government 
 and their views. We should have uniformity as much as pos- 
 sible, but that is only a secondary matter as compared with the 
 passage of the measure. 
 
 Mr. McCiiUy — Let Upper Canada try a single Chamber, and if 
 it succeeds the other Provinces can afterwards adopt it. 
 
 Mr. McCully's motion carried. 
 
 Mr. Dickeii — Ought not something to be laid down as to the 
 constitution of the Federal Executive Government ? On the 
 principle now adopted by Upper and Lower Canada, ought not 
 there to be some mode of choosing advisers from the agricul- 
 tural interests of Upper Canada, the mixed agricultural and 
 maritime interests of Lower Canada, and the great maritime in- 
 terests of the Lower Provinces ? 
 
 Mr. Jolcn A. Macdonald — We cannot limit or define the pow- 
 ers of the Crown in such respect. See our Union Act. There is 
 nothing in it about Responsible Government. It is a system 
 which we have adopted. There is not even any resolution on our 
 own journals as to the number of the Executive. The Sovereign 
 may have such number as she pleases. In Canada it was found 
 convenient that both sections of the Province should be repre- 
 sented in the Cabinet, and in time it grew practically into av 
 equal division. The same principle must obtain as to the body 
 of advisers of the Governor-General of the Federation. That 
 must be a provisional cabinet, and it probably will be very few 
 and merely for necessary purposes. The Federal Parliament 
 being elected, the person charged with the formation of the
 
 78 . DISCUSSIONS IX CONFERENCE 
 
 Ministry will probably increase the number. We must leave 
 such arrangements as to equality in the Cabinet to change or 
 necessit}'. 
 
 Mr. Chandler concurred. 
 
 Mr. McGidly — But the roj^al instructions limit the number 
 to nine. It should be an unlimited number, and that point seems 
 generally conceded here. 
 
 Mr. Henry — We feel that the first Government at least, 
 should contain a due number from the Lovver Provinces. We of 
 the Lower Provinces feel that we may be out-voted by Upper 
 and Lower Canada ; but we knew that before we came here, and 
 are willing to run the risk of it. 
 
 j\lr. John A. Macdoncdd — I think there maj^ be an express- 
 sion of opinion as suggested by Mr. Dickey. In the formation ot 
 the first Executive Council I think the Grovernor-General should 
 send for one man through whom the writs for election should 
 be issued, and choose his Council afterwards. 
 
 Mr. John A. Macdonald moved : — 
 
 That for each of the Provinces there shall be an Executive Officer, stj'led the Lieu- 
 tenant-Governor, who shall be appointed by the Governor-General in Council, under the 
 Great Seal of the Federated Provinces, during pleasure ; such pleasure not to be exer- 
 cised before the expiration of the first five years, except for cause ; such cause to be 
 communicated in writing to the Lieutenant-Governor immediately after the exercise of 
 the pleasure as aforesaid, and also by message to both Houses of the General Legislature, 
 within the first week of the first session afterwards. 
 
 He said : The office must necessarily be during pleasure. 
 The person may break down, misbehave, etc. The term of Gov- 
 ernors and Lieutenant-Governors is usually six years ; but I have 
 fixed it at five years, that being the duration of our Parliaments. 
 The Lieutenant-Governor will be a very high officer. He should 
 be independent of the Federal Government, except as to re- 
 moval for cause, and it is necessary that he should not be re- 
 movable by any new political i^arty. It would destroy his in- 
 dependence. He should only be removable upon an address 
 from the Legislature. 
 
 Mr. Macdimald's motion carried. 
 
 Mr. John A. Macdonald proceeded to read his several pro- 
 posed resolutions as to the powers of the Federal and Local 
 Governments.
 
 OF DELEGATES FROM THE PROVINCES. 79 
 
 2Ir. McCally — Sup])ose a Local Legislature should pass a 
 law on a subject in respect of which they have no authority. In 
 New Zealand no hiws of Loea! Legislatures are of effect until 
 approved by the Governor-General. 
 
 2Ir. JoJtn A. Macdonalcl — If it be clearly an excess in the 
 opinion of the Governor-General and his law officers, it will be 
 disallowed by the Queen. 
 
 Adjourned at 10 o'clock p.m. 
 
 FRIDAY, 21ST OCTOBER, 18G4. 
 
 Mr. John A. Macdonald moved resolution dehnino- the powers of 
 the General Legislature (see pp. 22, 24, 43). 
 
 Mr. Gait — I propose that we take up the subjects seriatim. 
 
 (2) As to duties of Customs on Imports and Exports. New 
 Brunswick has a duty on timber. As proceeds of lands will be- 
 long- to the Local Government, it will be necessary to consider 
 this point as regards New Brunswick. An export duty on tim- 
 ber must be on timber of public and private lands, and none 
 could therefore be imported at Quebec ; and a question may 
 arise as to the export of coal from Nova Scotia. These ques- 
 tions, however, affect territorial revenues. 
 
 Mr. Tilley — The export duty was imposed in New Bruns- 
 wick on timber because the stumpage dues took so much to 
 collect. Private land owners did not object to it, as few export 
 timber from private lands. 
 
 Mr. McCidly — I understood that mines and minerals were 
 to be under Local Legislatures. Therefore as to coal in Nova 
 Scotia, the General Government should not be at liberty to put 
 an export duty on coal. 
 
 Mr. Tvpper — Nova Scotia will rely on the Local Government 
 for its royalty on coal, to meet its expenses. If the General 
 Government have the right to impose a dut.y on coal, it will add 
 to the revenue of the General Government, to the prejudice of 
 the Local Government. 
 
 Mr. Gait — You are assuming that the General Government 
 will Impose a duty on coal, whereas the fact is that the General
 
 80 DISCUSSIONS IN CONFERENCE 
 
 Government should be in a position to protect the Federation 
 by avoiding a policy injurious to Federation. 
 
 Mr. Henri/ — It is not an export duty on coal in Nova Scotia. 
 It is a royalty, as it is paid by consumers in tiie Province. (Fur- 
 ther consideration of number two reserved). 
 
 (3) Excise Duties. 
 
 (4) Taxation. 
 
 Mr. Tupper proposed to restrict the latter to general taxation. 
 
 Mr. John A. Macdonald objected — -You could not then tax 
 shares, because it would be a general tax, or impose harbour 
 dues for the same reason on any particular harbour. 
 
 (7) Banking. 
 
 Mr. Gait — Existing charters of banks will be reserved. In 
 Canada they all expire in 1870, when the subject may be re- 
 considered. 
 
 (15) Ocean Navigation and Shipping. 
 
 Colonel Gray (New Brunswick) — I would suggest some in- 
 sertion providing for safety of passengers, and provisions re- 
 specting proper machinery and inspection, etc. 
 
 (25) Agriculture. 
 
 Mr. McCidly — It is said this is concurrent. But I think 
 such an arrangement will be found to be unworkable. It will 
 lead to a conflict between the two jurisdictions. I think Upper 
 and Lower Canada would prefer it being for Local Governments. 
 
 Mr. P(dmer — I think it should be local. But I apprehend 
 that would not prevent the General Government from taking 
 subjects of agriculture under their care in respect to grants of 
 money locally. 
 
 Mr. Broivn — I do not think you can make it local and yet 
 expect that the General Government can give moneys to the 
 Local Governments. But if you put it under the General Gov- 
 ernment 3'ou may have the advantage of one Bureau of Agricul- 
 ture, a Model Farm, etc. But I am willing that it should be 
 local, only in that event not to look for money from the General 
 Government. 
 
 Mr. Coles— 1 think it should be retained for the General 
 Government. There should be a Minister of Agiuculture in the 
 Federal Government.
 
 OF DELEGATES FllOM THE PROVINCES. 81 
 
 J/r. Tujyper — I approve of some thinos being of a concurrent 
 character. We sliould confine the jurisdiction neitlier to one nor 
 the other exclusively. The same remark applies to Immigra- 
 tion, which is intimately connected with the Crown Lands, and 
 these are under the Local Government. 
 
 2Ir. McGee — The General Government may draw attention 
 to this country for settlement. The only permanent attraction 
 we can offer is cheap land, free institutions, etc. I propose that 
 the Local Legislatures should be bound to let immigrants have 
 • lands as hitherto. Immigrants should feel that they came 
 to British America as a whole, and that they are free to choose 
 lands where they like. 
 
 2[r. Dickey — The Local Governments have as great an interest 
 as the Federal Government in promoting immigration. 
 
 Mr. Henri/ — The General Government ought to have the 
 control of agriculture. If conflict likely to arise, I would 
 rather withdraw it from the Local Legislature ; but I do not fear 
 any clashing between the two powers. We ought to keep up 
 a Bureau of Agriculture in our Confederation. 
 
 Mr. Mowat — The items of Agriculture and Immigration 
 should be vested in both Federal and Local Governments. Dan- 
 ger often arises where there is exclusive jurisdiction, and not 
 so often in cases of concurrent jurisdiction. In municipal mat- 
 ters the county and township council often have concurrent jur- 
 isdicftion. 
 
 Mr. McGally — I take another view. The concurrent jurisdic- 
 tion is the ground of the difficulties in the United States. 
 
 Mr. Moivct^-— That is because there is a doubt whether there 
 is a concurrent jurisdiction or not. 
 
 Mr. McCvIly — I beg to move that item number 25, " Agri- 
 culture," be struck out of the resolution before the Conference.^ 
 Lost on a division, all the Provinces voting nay. 
 
 (26) Criminal Law. 
 
 Mr. John A..Macdonald — We should discuss the appointment 
 of the judiciary, and as to local and supreme judiciary. In 
 whom. should the appointment be vested ?
 
 82 DISCUSSIONS IX CONFERENCE 
 
 Mr. Tii'pper — \t is of especial value to have a common sys- 
 tem of jiirispriidenee. That is impossible on account of Lower 
 Canada. But as near as possible it should be attempted. 
 
 Mr. John A. Macdonald — I am f^lad to hear that Mr. Tupper 
 and Mr. McCully's views accord with mine. We may have one 
 statutory law, one system of courts, one judiciary, and eventual- 
 ly one bar. 
 
 Mr. Moivat — I ciuite concur in the advantages of one uni- 
 form system. It would weld us into a nation. We must, how- 
 ever, provide that the Judges should be appointed and paid by 
 the General Goveniment. But if Lower Canada is excepted, 
 she will still have a voice in deciding for the other Provinces. 
 
 (27) Roads and Bridges. 
 
 Mr. Tilley — I move to strike out from item 27 of Mr. Mac- 
 donald's motion the words " Roads and Bridges." 
 
 Agreed to. 
 
 After fm*ther slight amendments, Mr. Macdonald's motion 
 carried. 
 
 Adjourned at half-past four p.m. 
 
 SATURDAY, 22ND OCTOBER, 1864. 
 
 Mr. Gait moved a series of financial resolutions. (See pp. 
 25, 26.) 
 
 He said : It is very desirable that no question should arise 
 on account of which any Province could complain of injustice. 
 Any Province being less indebted than another, whether through 
 good fortune or good management, should benefit by it. 'Future 
 liabilities of Confederation must be presumed to be for the bene- 
 fit of all. We must start, therefore, on a fair basis. It is 
 therefore proposed that certain principles should be laid down. 
 The admission of the principle embodied in number one involves 
 the concession of number two, and then you must proceed to 
 draw the line prescribed by number three. 
 
 All works of an intercolonial character, and which have 
 created debt to be borne by Confederation, and not being in ju'i- 
 vate corporations or towns, should be vested in the Confedera- 
 tion, i.e. (as is suggested by Attorney-General Macdonald), har- 
 bours.
 
 OF DELEGATES P^ROM THE PROVINCES. 83 
 
 As to railroads. In Canada we are not proprietors of any rail- 
 roads, but have lent large sums to them. Buildings for accom- 
 modation of Local Legislatures as distinguished from residences 
 of Lieutenant-Crovernors should be left to the Local Government. 
 
 The first three resolutions cover all the property to be tal^eu 
 by the General Government, and the subsequent resolutions 
 show what changes shall be adopted by the Confederation. 
 
 I propose five per cent, as the rate of interest. It is im- 
 possible for us at this moment to determine the debts and liabili- 
 ties of the several Provinces. This can only be ascertained 
 when the functions of the Local Legislatures cease in that re- 
 spect. At that time we can ascertain the amount and debit 
 each Province. 
 
 The debt of Canada is different from that of the other Pro- 
 Ainces, as it enters as two Provinces. A previous subdivision 
 must be made between Upper and Lower Canada. This sub- 
 division must be done by the Canadian Legislature. In the- 
 case of Xew Brunswick we find an actual debt existing and lia- 
 bilities which between this time and the passing of the Act of 
 Union may become liabilities of the Confederation. Further 
 liabilities might be incurred, and it is therefore essential that a 
 rule should be laid down and that if, supporting the principle 
 of equality, any one Province goes into such expense it must be 
 on its own account. There should be an ofiicer, not a political 
 officer, to audit the affairs of the Provinces. The honourable 
 • gentleman then went on to explain the apportionment of the 
 debt, but his remarks are so imperfectly reported as scarcely to 
 be intelligible- 
 
 Mr. Tilley — This scheme gives Newfoundland and Prince 
 Edward Island everything. Takes over railways which cost us 
 a very large sum of money and gives us nothing in return. Q'^he 
 Grand Trunk stock is of no value, yet we find it put down as an 
 asset ; and as to Canal tolls, the policy of the Canadian Govern- 
 ment is not to look to them. You have fixed the population of 
 New Brunswick as inferior to that of Xova Scotia, which is the 
 case, but it ought not to be immovable but to vary in its increase. 
 The increase of the population will lessen the per capita tax. 
 
 Colonel Gray (New Brunswick) — Our railway is productive 
 and yields three per cent. It is only the difference between 
 that and five per cent, which should be charged.
 
 Si DISCUSSIONS IN conf|:rence 
 
 Mr. TiLjiper — It is wrong to assume assets to be of equal value 
 when they are not so. 
 
 The remainder of the debate is not reported. 
 
 Adjourned at five o'clock p.m. 
 
 MONDAY, 24TH OCTOBER, 1864. 
 
 Mr. Mowat mo\ed a series of resolutions defining the powers 
 of the Local Legislatures. 
 
 Mr. GJiandler — I object to the proposed s^^stem. You are 
 adopting a Legislative Union instead of a Federal. The Local 
 Legislatures should not have their powers specified, but should 
 have all the powers not reserved to the Federal Grovernment, and 
 only the powers to be given to the Federal Government should 
 be specified. You are now proceeding to destroy the constitu- 
 tions of the Local Governments, and to give them less powers 
 tlian they have had allowed them from England, and it will make 
 them merely large municipal corporations. This is a vital ques- 
 tion, which decides the question between a Federal and Legisla- 
 tive Union, and it will be fatal to the success of Confederation 
 in the Lower Provinces. 
 
 Mr. Tiij)ner — I have heard Mr. Chandler's argument with 
 surprise. Powers — undefined — must rest somewhere. Those 
 who were at Charlottetown will remember that it was fully 
 specified tliea'e that all the powers not given to Local should be re- 
 served to the Federal Government. This was stated as being a 
 prominent feature of the Canadian scheme; and it was said then 
 that it was desirable to have a plan contrary to that adopted by 
 the United States. It was a fundamental principle laid down 
 by Canada, and the basis of our deliberations. Mr. Chandler 
 says that it gives a Legislative' instead of a Federal Union. 
 I think that a benefit. Is the Federal Government to be 
 one of mere delegates ? We have provided for a legisla- 
 tive representation and for the representation of ever}^ section 
 of all the Provinces. Such a costly Government ought to be 
 charged with the fullest powers. It will be easier for every one 
 of the remotest settlers in Nova Scotia and New Brunswick to 
 reach the Federal Legislature than the present Local Legisla- 
 tures. If it were not for the peculiar condition of Lower Cana-
 
 OF DELEGATES FROM THE PROVINCES. 85 
 
 da, and that the Lower Provinces have not municipal systems 
 such as Upper Canada, I should go in for a Legislative Union in- 
 stead of a Federal. We propose to preserve the Local (jovern- 
 ments in the Lower Pro^•inces because we have not municipal 
 institutions. If Conference limit the powers of the General 
 Legislature, I feel that the whole platform is swept away from 
 us. 
 
 Mi\ Coles^l did not understand that this was laid down as 
 a basis at Charlottetown. I thought there the only thing 
 specified was representation by population in the Lower House. 
 I agree with Mr. Chandler's view. 
 
 Mr. HavUand — I disagree with Messrs. Chandler and Coles. I 
 understand the basis of our scheme, so as to avoid difficulties of 
 the United States, is to give limited powers to Local Legisla- 
 tures. 
 
 Colonel Gray (N.B.). — Mr. Coles' memory is short. (Quotes 
 from Mr. Macdonald's speech at Charlottetown and from 3Ir. 
 Brown's, that Federal Government was to have general powders 
 and limited as to local). Whatever conclusion we may now 
 arrive at, such was the basis of the Canadian scheme. 
 
 Mr. Chandler — My argument is not met as to merits, but as 
 to what was laid down at Charlottetown. We all agree that 
 Local Government should have local powers, we differ as to 
 whether such powers should be defined. 
 
 Mr. Tu'pper — Under Mr. Chandler's view, the Governor- 
 General would be less than the Lieutenant-Governor and the 
 Federal Government less than the Local. 
 
 Mr. Diclre)/ — ! propose a Supreme Court of Appeal to decide 
 any conflict between general and state rights. I am rather in- 
 clined to agree with Mr. Chandler. Immense interests omitted 
 in Mr. Mowat's motion. 
 
 Mr. Brown — This matter received close attention of Cana- 
 dian Government. I should agree with Mr. Chandler were it not 
 that we have done all we can to settle the matter with sufficient 
 powers to Local Legislatures. I would let the courts of each 
 Province decide what is Local and what General Government 
 jurisdiction, with ajjpeal to the Appeal or Superior Court.
 
 8G DISCUSSIONS IN CONFERENCE 
 
 Mr. McCall'j — I refer to New Zearland Act, 'vvhicli is 
 evidently framed to meet difficulty. It strangely defines what 
 the Local government shall not do. In .53rd clause, General 
 Assembly to make laws, etc., for government of Xew Zea- 
 land, and shall control and supersede those of Local Oovern- 
 ments repugnant thereto. Mr. Brown will land us in position of 
 United States by referring matter of conflict of jurisdiction to 
 courts. You thus set them over the General Legislature. 
 
 Mr. John A. Macdonald — New Zealand constitution was 
 a Legislative Union, ours Federal. Emigrants went out under 
 different guarantees. Local charters jarred. In order to 
 guard these, they gave the powers stated to Local Legislatures, 
 but the General Government had power to sweep these away. 
 That is just what we do not want. Lower Canada and the 
 Lower Provinces would not have such a thing. There is no 
 analogy between New Zealand and ourselves in such respects. 
 Our courts now can decide where there is any conflict between 
 the Imperial and Canadian statutes. I think the whole affair 
 would fail, and the s^^stem be a failure, if we adopted Mr. Chan- 
 dler's -views. It would be adopting the worst features of the 
 United States. We should concentrate the i)ower in the Fede- 
 ral Government, and not adopt the decentralization of the United 
 States. Mr. Chandler would give sovereign power to the Local 
 Legislatures, just where the United States failed. Canada would 
 be infinitely stronger as she is tiian under such a systena as pro- 
 posed by Mr. T'liaudler. It is said that the tariff is one of the 
 causes of difficulty in the United States. So it would be with us. 
 Looking at the agricultural interests of Upi>er Canada, manufac- 
 turing of Lower Canada, and maritime interesits of Lower Pro- 
 vinces, in respect to a tai-iff, a Federal Government would h^ a. 
 mediator. No general feeling of patriotism exists in the United 
 States. In occasions' of ditnculty each man sticks to his indi- 
 vidual State. Mr. Stejyhens, the present Mce-President, was a 
 strong Union man, yet, when the time came, he went Avith his 
 State. Similarly we should stick to our Province and not be 
 British Americans. It would be introducing a source of radical 
 wealvness. It wouid ruin us in the eyes of the civilized 
 woi'M. All writers |)oint out tiie errci's of the United States. All 
 the failings prognosticated by De Tocqueville are shown to be 
 fulfilled.
 
 OF DELEGATES FROM THE PROVINCES. 87 
 
 Mr. Johnson — Enumerate for Local Governments their 
 powers, and give all the rest to General Government, bnt do not 
 enumerate both. 
 
 Mr. Pabner — Easier to deiine what are general than what 
 are local subjects, but we cannot define both. We cannot meet 
 every possible case or emergency. 
 
 Mr. Henri/ — We should not define powers of General 
 Legislature. I would ask Lower Canada not to fight for a 
 shadow. Give a clause to give general powers (except such as 
 given to Local Legislatures) to Federal Legislature. Anything 
 beyond that is hami)ering the case with difficulties. If we are 
 to have Confederation let us have one on the principles sug- 
 gested by Attoruej'-General Macdonald. In the United States 
 there is no power to settle the constitutionality of an Act. 
 Hereafter we shall be bound by an Imperial Act, and our judges 
 will have to say what is constitutional under it as regards g'ene- 
 ral or local legislation. 
 
 Mr. Dickey — Why should not Imperial statutes give the 
 powers they did to New Zealand General Government ? 
 
 Mr. Chandler— Isiy plan is not precisely the same as in the 
 United States, because the Government does not in the United 
 States appoint the Lieutenant-Governors and the Legislative 
 Councillors. If my plan is not adopted, I should have elective 
 Legislative Councillors. 
 
 Colonel Gray, N. B. — The power flows fi-oni Imperial Govern- 
 ment. We propose to substitute the Federal Government for 
 the Imperial Government. But the Federal Government is it- 
 self subordinate to the Imperial Government. And as to the 
 policy of the thing, I think it best to define the poA^ers of the 
 Local Governments, as the public will then see what matters 
 they have reserved for their consideration, with which matters 
 they will be familiar, and so the humbler classes and the less 
 educated will comprehend that their interests are protected. 
 
 TUESDAY, 1»5TH OCTOBER, 18<i4. 
 
 Mr. Mowat moved (a series of resolutions respecting the 
 powers of the General Legislature, see pp. 30, 31).
 
 88 DISCUSSIONS IN CONFERENCE 
 
 J\ft\ Fisher — I object to inspection laws being included in 
 the list. Many laws as to inspection of iish, flour, etc., are 
 local, and steamboats may be so also. 
 
 Mr. Tuirper — I would approve of the General Legislature 
 having the regulation of inspection of steamboats. 
 
 It was agreed to strike out of item number one of the resolu- 
 tion moved by the Hon. Mr. Mowat the words, "3. For the 
 regTilation and incorporation of Fire and Life Insurance Com- 
 panies.'' And from item number two the words, " Inspection 
 laws and laws relating to." And the question of concurrence 
 being put on the eighth item, 
 
 Mr. Johnson — I object to this clause. It is too great a 
 restriction. 
 
 Mr. Chandler concurred in Mr. Johnson's objection. 
 
 Colonel Gray, N. B. — I fully agree with the observations of 
 Messrs. Johnson and Chandler. 
 
 Mr. McCuUy—I think the clause as draM'n is desirable. 
 
 Mr. Chandler — But your Courts will decide whether the 
 Local Legislatures exceed their powers, and wh}^ require a second 
 veto. 
 
 Eighth and ninth resolutions agreed to.
 
 OF DELEGATES FROM THE PROVINCES. 89" 
 
 RESOLUTIONS 
 
 Adopted b}^ the Canadian Legislature on tiie 11th 
 August, 186G, providing for the Local Governments 
 and Legislatures of Lower and Upper Canada re- 
 spectively, when the Union of the Provinces of 
 British North America is effected. 
 
 Resolved : — 
 
 1. That by the 38th paragraph of the resolution of this 
 House, passed on the third day of February, 1805, for presenting 
 an humble address to Her Majesty, praying that she may be gra- 
 ciously pleased to cause a measure to be submitted to the Imperial 
 Parliament, for the purpose of uniting the Colonies of Canada, 
 ]S\iva vScotia, New Brunswick, Newfoundland, and Prince Ed- 
 ward Island, in one Government, with provisions based on the 
 resolutions which were adopted at a Conference of Delegates 
 from the said Colonies, held at the City of Quebec, on the 10th of 
 October, 1864, it is provided that " for each of the Provinces there 
 " shall be an Executive Officer, styled the Lieutenant Governor, 
 "who shall be appointed by the Governor General in Council, 
 " under the Great Seal of the Federated Provinces, during plea- 
 " sure ; such pleasure not to be exercised before the expiration of 
 " the first five years, except for cause ; such cause to be communis 
 " cated in writing to the Lieutenant Governor immediately after 
 "the exercise of the pleasure as aforesaid, and also by message 
 '•' to both Houses of Parliament, within the first week of the first 
 " session afterwards ;" and that by the 41st paragraph of the same- 
 resolution it is provided that " the Local Government and Legis- 
 " lature of each Province shall be constructed in such manner as 
 "the existing Legislature of each such Province shall provide :" 
 and it is further now resolved, that in the opinion of this House 
 the appointment of the first Lieutenant Governor shall be pro- 
 visional, and that he should hold office strictly during pleasure. 
 
 2, That under and subject to the Constitution of the 
 Federated Provinces, the executive authority of the Lieutenant
 
 90 RESOLUIIOXS ADOrTED BY CANADIAN LEGISLATURE 
 
 Governor of Lower Canada and Upper Canada respectively shall 
 be administered by each of such officers according to the well 
 understood principles of the British Constitution. 
 
 3. The Great Seal of each Province of Lower Canada and 
 Upper Canada shall be the same or of the same design, in each 
 of the said Provinces, as that used in the said Provinces respec- 
 tively at the time of the existing Union, until altered by the 
 Local Government. 
 
 4. That there shall be a Local Legislature for Lower Canada, 
 composed of two Chambers, to be called the Legislative Council 
 and the Legislative Assembly of Lower Canada. 
 
 5. That there shall be a Local Legislature for Upper Canada, 
 which shall consist of one Chamber, to be called the Legislative 
 Assembly of Upper Canada. 
 
 G. That the Legislative Council of Lower Canada shall be 
 composed of twenty-four members, to be appointed by the Crown, 
 under the Great Seal of the Local Government, who shall hold 
 office during life ; but if any Legislative Councillor shall, for two 
 consecutive Sessions of Parliament, fail to give his attendance in 
 the said Council his seat shall thereby become vacant. 
 
 7. That the Members of the Legislative Council of Lower 
 Canada shall be British subjects by birth or naturalization, of 
 the full age of thirty years, shall possess a continuous real pro- 
 pei'ty qualification, in Lower Canada, of four thousand dollars 
 over and above all incumbrances, and shall continue worth that 
 sum over and above their debts and liabilities. 
 
 8. That if any question shall arise as to the qualification of 
 a Legislative Councillor in Lower Canada, the same shall be de- 
 termined by the Council. 
 
 9. That the Speaker of the Legislative Council of Lower 
 Canada (unless otherwise provided by the Local Parliament) shall 
 be appointed by the Crown, from among the Members of the 
 Legislative Council, and shall hold office during pleasure, and 
 shall only be entitled to a casting vote on an equality of votes. 
 
 10. That each of the twenty-four Legislative Councillors of 
 Lower Canada shall be appointed to represent one of the twenty- 
 four Electoral Divisions thereof, mentioned in Schedule A of the 
 first chapter of the Consolidated Statutes of Canada, and such 
 Councillor shall reside or possess his qualification in the Division 
 he is appointed to represent.
 
 FOi; LOCAL GOVERNMENTS AND LEfJISLA'l'UUES. 91 
 
 11. That the Legislative Assembly of Lower Canada shall be 
 composed of the sixtv-five Members to be elected to represent 
 the sixty-five Electoral Divisions into which Lower Canada is now 
 divided, under Chapter 2 of the Consolidated Statutes of Canada, 
 Chapter 75 of the Consolidated Statutes for Lower Canada, and 
 the Act 23 Victoria, Chapter 1, or of any other Act, amending 
 the same, in force at the time when the Local Grovernment shall 
 be constituted, as well for representation in the Local Legislature 
 thereof, as in the House of Commous of the Federated Provinces; 
 Provided that it shall not be lawful to present to the Lieut-niant 
 Governor for assent any Bill of the Legislative Council and As- 
 sembly of Lower Canada, by which the limits of the electoral 
 divisions mentioned in the schedule hereto annexed, marked A, 
 may be altered, unless the second and third readings of such Bill 
 in the Legislative Assembly shall have been passed with the con- 
 currence of the majority of the members for the time being of 
 the said Legislative Assembly, representing the electoral divisions 
 mentioned in said Schedule marked A, and the assent shall not 
 be griven to such Bill unless an Address has been presented by 
 the Legislative Assembly to the Li&utenant Governor that such 
 Bill lias been so passed. 
 
 12. That the Legislative Assembly of Upper Canada shall be 
 composed of eig'hty-two Members, to be elected to represent the 
 eighty-two constituencies in Upper Canada, such constituencies 
 being identical, whether for representation in the Local Legiisla- 
 tive Assembly or for representation in the House of Commons of 
 the Federated Provinces, and which constituencies shall consist 
 of the divisions and be bounded as is provided in the schedule 
 hereunto annexed, marked B. 
 
 l;]. That until other provisions are made by the Local Legis- 
 lature of Lower and Upper Canada respectively, changing the 
 same in either of the said Provinces, all the laws which at the 
 date of the Proclamation, constituting the separate Provinces 
 of Lower Canada and of Upper Canada, shall be in force in each 
 of the said Provinces respectively, relating to the quali- 
 fication and disqualitioation of any person to be elected 
 or to sit or vote as a Member of the Assembly of the 
 Province of Canada, and relating to the qualification and dis- 
 <pialification of voters, and to the oaths to be taken by vot- 
 ers, and to Returning Officers and their powers and duties, 
 and relating to the proceedings at elections and to the period
 
 92 RESOLUTIONS ADOPTED BY CANADIAN LEGISLATURE 
 
 during which such elections may be continued, and relating 
 to the trial of controverted elections and the proceedings inci- 
 dent thereto, and relating to the vacating of the 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 said 
 the Legislative Assembly of Lower Canada and in the said the 
 Legislative Assembly of Upper Canada. 
 
 14. That the Legislative Assembly of Lower Canada and the 
 Legislative Assembly of Fpper Canada respectively, shall con- 
 tinue for four years from the day of the return of the writs for 
 choosing the same and no longer, subject nevertheless to either 
 the said the Legislative Assembly of Lower Canada, or the Baid 
 the Legislative Assembly of Upper Canada, being sooner pro- 
 rogued or dissolved by the Lieutenant-Governor of either of the 
 said Provinces respectively. 
 
 l.j. That there shall be a session of the Legislature of each of 
 the said Provinces once at least every year, so that a period of 
 twelve months shall not intervene between the last sitting of the 
 Local Legislature in one session, and the first sitting thereof in 
 the next session. 
 
 10. That it is expedient that any Act of the Imperial Parlia- 
 ment which may be passed for the Union of tbe Colonies of British. 
 North America, should contain a provision that the division and 
 adjustment of the debts, credits, liabilities, ijroperties and assets 
 of the Provinces of Upper and Lower Canada, should be referred 
 to the arbitrament of three arbitrators, one to be chosen by the 
 Local Government of Upper Canada, tbe other by the Local Gov- 
 ernment of Lower Canada, and the third by the General Govern- 
 ment ; it being further provided that the selection of the arbitra- 
 tors shall not take place until after the General Parliament for 
 British North America and Local Legislatures for Upper and 
 Lower Canada have been elected — and that the third arbitrator 
 shall not be a resident in either Upper or Lower Canada. 
 
 SCHEDULE A. 
 
 Same as the second Scliedule of the B. N. A. Act.
 
 FOR LOCAL GOVERNMENTS AND LEGLSLATURES. 93 
 
 KESOLUTIOX ADOPTED ON THE TENTH OF AUGUST, 1S6G. 
 
 Resolved, 
 
 '• That it is expedient that at the first Election for the District 
 of Algoma, both for the General and Local Legislatiires, all per- 
 sons otherwise qualified except in respect to real property, vVho 
 are householders, shall have the right to vote at the said Elec- 
 tion." 
 
 SCHEDULE B. 
 
 Same as the first Schedule of the B. X. A. Act down to and 
 inclusive of the 82nd clause.
 
 94 MINUTES OF PROCEEDINGS IN CONFERENCE 
 
 MINUTES 
 
 OF THE PROCEEDINGS . IN CONFERENCE OF THE DELEGATES FROM 
 THE PROVINCES OF CANADA, NOVA SCOTIA AND NEW BRUNS- 
 WICK, HELD IN LONDON, DECEMBER, 1866. 
 
 London, Tnesdaj', 4th December, 1866. 
 
 The following gentlemen assembled at the Conference Cham- 
 ber in the Westminster Palace Hotel, London, on Tuesday, the 
 4th day of December, 1866, at the hour of twelve o'clock noon: — 
 
 CANADA. 
 
 The Honourable John A. Macdonald. 
 G. E. Cartier. 
 A. T. Gait. 
 W. McDougall. 
 W. P. Howland. 
 H. L. Langevin. 
 
 NOVA SCOTIA. 
 
 The Honourable Charles Tupper. 
 
 William A. Henry. 
 
 J. W, Ritchie. 
 
 Jonathan McCully. : '■ 
 
 A. G. Archibald. 
 
 NEW BRUNSWICK. 
 
 The Honourable S. L. Tilley. 
 
 J. M. Johnson. 
 P. :Mitchell. 
 Charles Fisher. 
 R. D. Wilmot. 
 
 It was proposed by tlie Honouiable Mr. Tupper, and sec- 
 onded by the Honourable Mr. Tilley, 
 And resolved, — 
 
 That the Honourable John A. Macdonald be Chairman of the Conference.
 
 OF DELEGATES FROM THE PROVINCES. 95 
 
 It was proposed by the Honourable Mr, McCiilly, and second- 
 ed by tb(' Honourable ^Ii'. Fislier, 
 
 And resolved, — 
 
 That Lieutenani-Colonel Hewitt Bernard be appointed Secretary of the Con- 
 ference. 
 
 It was resolved, — 
 
 That in taking the votes on all questions to be decided by this Conference, except 
 questions of order, each Province by whatever number of delegates represented, shall 
 have one vote, and that in voting, Canada be considered as two Provinces. 
 
 The Conference then entered upon the consideration of the 
 Resolutions of the Conference held at Quebec in the year 1SG4. 
 
 And at a quarter past 5 o'clock p.m., a motion for adjourn- 
 ment being" carried, the Chairman declared the Conference con- 
 tinued until 11 o'clock a.m. to-morrow. 
 
 WEDNESDAY, 5TH DECEMBER, 1866. 
 
 The Conference met at 11 o'clock a.m., all the members being 
 present. 
 
 Th? Honourable Mr. Tupper laid before the Conference a Re- 
 solution of the House of Assembly of Nova Scotia of 17th April, 
 1866, as follows :— 
 
 WHEREAS, in the opinion of this House, it is desirable that a Confederation of 
 the British North American Provinces should take place ; 
 
 RESOLVED THEREFORE, That His Excellency the Lieutenant-Governor be 
 authorized to appoint delegates to arrange with the Imperial Government a scheme of 
 union which will effectually ensure just provision for the rights and interests of this 
 Province ; each Province to have an equal voice in such delegation, Upper and Lower 
 Canada being for this purpose considered as separate Provinces. 
 
 The Honoui-able Mr. Tilley laid before the Conference a 
 Resolution of the House of Assembly of New Brunswick of 30th 
 June, 1866, as follows : — 
 
 " RESOLVED, That an humble address be presented to His Excellency the 
 Lieutenant-Governor, praying that His Excellency will be pleased to appoint Delegates, 
 to unite with Delegates from the other Provinces in arranging with the Imperial Gov- 
 ernment for the Union of British North America, upon such terms as will secure the 
 just rights and interests of New Brunsv/ick, accompanied with provision for the im- 
 mediate construction of the Inter-Colonial Railway, each Province to have an equal 
 voice in such Delegation, Upper and Lower Canada to be considered as separate 
 Provinces." 
 
 The Conference then proceeded with tlie consideration of 
 the Quebec Resolutions.
 
 96 MINUTES OF PROCEEDINGS IN CONFERENCE 
 
 And at a quarter to five o'clock, p.m., the Chairman de- 
 clared the Conference continued until eleven o'clock a.m. to- 
 morrow. 
 
 THURSDAY, 6TH DECEMBER, 1866. 
 
 The Conference met at 11 o'clock, a.m., and proceeded with 
 the consideration of the Quebec Resolutions. 
 
 It was resolved, — 
 
 That the Honourable Messrs. Gait, Howland, Henry and Tilley be appomted a 
 Committee to consider the 54th of the Quebec Resolutions, and matters of Finance 
 generally, and to report thereon. 
 
 And at half-past four o'clock p.m., the chairman declared 
 the Conference continued until eleven o'clock a.m., to-morrow. 
 
 FRIDAY, 7TH DECEMBER, 1866. 
 
 The Conference met at eleven o'clock, a.m., and having fur- 
 ther taken into consideration the Quebec Resolutions, adjourned 
 at the hour of two o'clock p.m., until Tuesday next, the 11th 
 instant, at 11 o'clock, a.m, 
 
 TUESDAY, IITH DECEMBER, 1866, 
 
 The Conference continued until to-morrow at one o'clock 
 p.m. 
 
 WEDNESDAY, 12TH DECEMBER, 1866, 
 
 The Conference continued until to-morrow at eleven o'clock 
 a.m, 
 
 THURSDAY, 13TH DECEMBER, 186G. 
 
 The Conference met at eleven o'clock, a.m, and at the hour 
 of half-past two o'clock p.m. adjourned until to-morrow at 
 eleven o'clock, a.m, 
 
 FRIDAY, 14TH DECEMBER, 1866. 
 
 The Conference met at the hour of eleven o'clock. The 
 following letter from the Right Honourable C, B. Adderley was 
 read : — 
 
 Downing Street, 13th December, 1866. 
 
 Sir, — I am directed by the Earl of Carnarvon to acknow- 
 ledge the receipt of your letter of the 4th of this month, re-
 
 OF DELEGATES FROM THE PllOVINCES. 97 
 
 porting- thai the Dele«?ates from Canada, Xova Scotia and New 
 
 Hninswiek had formed themselves into a (Conference for the 
 
 pnrpose of arraujiin^^ the terms of the Confederation of those 
 
 Provinces. 
 
 I am, Sir, 
 
 Your obedient servant. 
 
 C. B. ADDERLEY. 
 
 The Honourable John A. Macdonald, etc., etc. 
 
 The Conference then continued the consideration of the 
 Quebec Resolutions, and at the hour of three o'clock p.m. ad 
 journed until Monday next, the 17th instant, at 12 o'clock noon. 
 
 MONDAY, 17TH DECEMBER, 1866. 
 
 The Conference met at eleven o'clock a.m. and continued 
 the consideration of the Quebec Resolutions, and at five o'clock, 
 adjourned until to-morrow at eleven o'clock a,m. 
 
 TUESDAY, ]8TH DECEMBER, 1866. 
 
 The Conference met at eleven o'clock a.m., and continued 
 the consideration of the Quebec Resolutions, and at five o'clook 
 I>.m. adjourned until to-morrow at eleven o'clock a.m. 
 
 WEDNESDAY, 1{5TH DECEMBER, 18GG. 
 
 The Conference met at the hour of eleven o'clock a.m., and 
 having proceeded with the consideration of the Quebec Resolu- 
 tions adjourned at tive-thirty i).m. until to-mon-ow at eleven 
 o'clock a.m. 
 
 THURSDAY, 2()TH DECEMBER, 1866. 
 
 The Conference met at the hour of eleven o'clock a.m., and 
 having- proceeded with the consideration of the Quebec Resolu- 
 tions adjourned at four p.m. until to-morrow at noon. 
 
 MONDAY, 24TH DECEMBER. 1866. 
 
 The Conference met at eleven o'clock a.m. and passed the 
 Resolutions following : — 
 
 rorK CON. -7
 
 98 RESOLUTIONS ADOPTED AT CONFERENCE 
 
 RESOLUTIONS 
 
 ADOPTED AT A 
 
 Conference of Delegates from the Pro\"inces of Canada, 
 NG\-a Scotia and New Brunswick. 
 
 THE WESTMINSTER PALACE HOTEL, LONDON, 
 
 ON THE 
 
 Fourth Day of December, 
 One Thousand Eight Hundred and Sixty Six. 
 
 1. The best interests and present and future prosperity of 
 British North America will be promoted by a Federal Union un- 
 der the Crown of Great Britain, provided such Union can be 
 effected on principles just to the several Provinces. 
 
 2. In the Confederation of the British North American Pro- 
 vinces, the system of government best adapted under existing 
 circumstances to protect the diversified interests of the several 
 Provinces, and secure eflficiency, harmony, and permanency in the 
 working of the Union, is a General Government charged with 
 matters of common interest to the whole country, and Local Gov- 
 ernments for each of the Canadas. and for the Provinces of Nova 
 Scotia and New Brunswick, charged with the control of local 
 matters in their respective sections, provision being made for the 
 admission into the Confederation, on equitable terms, of New- 
 foundland, Prince Edward Island, the North West Territory, and 
 British Columbia, 
 
 o. In framing a Constitution for the General Government, 
 the Confei'ence, with a view to the perpetuation of the connec-
 
 HELD AT WESTMINSTER l^ALACE HOTEL, LONDON. 99 
 
 tion with the mother country, and the promotion of the best in- 
 terests of the people of these Provinces, desire to follow- the 
 model of the British Constitution, so far as circumstances will 
 permit. 
 
 4. The Executive Authority or Government shall be vested 
 in the Sovereign of the United King:dom of Great Britain and 
 Ireland, and be administered according to the well-understood 
 principles of the British Constitution, by the Sovereign personal- 
 ly, or by the representative of the Sovereign duly authorized. 
 
 5. The Sovereign shall be Commander-in-Chief of the Land 
 and Naval Militia Forces. 
 
 6. There shall be a General Legislature or Parliament for 
 the Confederation, composed of the Sovereign, a Legislative Coun- 
 cil, and a House of Commons. 
 
 7. For the purpose of forming the Legislative Council, tiie 
 Confederation shall be considered as consisting of three divi- 
 sions : — 
 
 First — Upper Canada, ". 
 
 Second — Lower Canada, and 
 
 Third — Nova Scotia and New Brunswick. *' 
 
 Eacli division with an equal representation in tlie Legislative 
 Council. 
 
 8. Upper Canada shall be represented in the Legislative 
 t^ouncil by twenty-four Members, Lower Canada by twenty -four 
 Members, and the Maritime Provinces by twenty-four Members, 
 of which Nova Scotia shall have twelve and New Brunswick 
 twelve Members. 
 
 9. The Colony of Prince Edward Island, when admitted into 
 the Confederation, shall be entitled to a representation of four 
 Members in the Legislative Council. But in such case the Mem- 
 bers allotted to Nova Scotia, and New Brunswick shall be dimin- 
 ished to ten each, such diminution to take place in each Province 
 as vacancies occur. 
 
 10. The Colony of Newfoundland, when admitted into the 
 Confederation, shall be entitled to a representation in the Legis- 
 lative Corncil of four Members. 
 
 11. Tlif^ Nortli West Territory and British Columbia shall be 
 admittrnl into the T'nion on such tenns and conditions as the
 
 100 RESOLUTIONS ADOri'ED AT CONfERENXE 
 
 Parliament of the Confederation shall deem equitable, and as 
 shall receive the assent of the Sovereign, and in case of the Pro- 
 vince of British Columbia, as shall be agTeed to by the Legisla- 
 ture of such Province. 
 
 12. The Members of the Legislative Council shall be appoint- 
 ed by the Crown under the Great Seal of the General Govern- 
 ment, from among residents of the Province for which th.'y are 
 severally appointed, and shall hold oflflce during life. If any 
 Legislative Councillor shall for two consecutive Sessions of I*ar- 
 liament fail to give his attendance in the said Council, his seat 
 shall thereby become vacant. 
 
 13. The Members of the Legislative Council shall be British 
 subjects by birth or naturalization, of the full age of thirty year??, 
 shall each possess in the Province for which they are appointed, 
 a continuous real property qualification of four thousand dollars 
 over and above all incumbrances, and shall be and continue worth 
 that sum over and above their debts and liabilities, and shall 
 possess a continuous residence in the Province for which they 
 are appointed, except in the case of persons holding official posi- 
 tions which require their attendance at the seat of Government 
 pending their tenure of office. 
 
 14. If any question shall arise as to the qualification of a 
 Legislative Councillor, the same shall be determined by the Legis- 
 lative Council. 
 
 1.5. The Members of the Legislative Council for the Confede- 
 ration, shall, in the first instance, be appointed upon the nomina- 
 tion of the Executive Governments of Canada, Nova Scotia, and 
 New Brunswick, respectively, and the number allotted to each 
 Province shall be nominated from the Legislative Councils of the 
 different Provinces, due regard being had to the fair representa- 
 tion of both political parties, but in case any Member of the Local 
 Council so nominated shall decline to accept, it shall be competent 
 for the Executive Committee in any Province to nominate in his 
 place a person who is not a Member of the Local Council. 
 
 16. The Speaker of the Legislative Council (unless otherwise 
 provided by 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. 
 
 17. Each of the twenty-four Legislative Councillors repre-
 
 HELD AT WESTMINSTER PALACE HOTEL, LONDON. 101 
 
 Stating Lowei- C'aiiada in the Legislative Council of the General 
 Ty'jiislature, shall be appointed to represent one of the twenty- 
 four electoral divisions mentioned in schedule A of chapter first 
 <)f the Consolidated Statutes of Canada, and such Councillor shall 
 reside or possess his (lualification in the division he is appointed 
 to represent. 
 
 18. The basis of representation in the House of Commons 
 shall be population, as detennined by the official census every 
 ten vears, and the number of Members at first shall be one hun- 
 dred and eighty-one, distributed as follows : — 
 
 Upper Canada - - - Eighty-two. 
 
 Lower Canada - - - Sixty-five. 
 
 Nova Scotia - - - - Nineteen. 
 
 New Brunswick - - - Fifteen. 
 
 19. Until the first General Election afte» the official census 
 of One thousand eight hundred and seventy-one has been made 
 up, there shall be no change in the number of representatives 
 from the several sections. 
 
 20. Immediately after the completion of the census of One 
 thousand eight hundred and seventy-one, and immediately after 
 every decennial census thereafter, the representation from each 
 Province in the House of Commons shall be readjusted on the 
 basis of population, such readjustment to take effect upon the 
 tennination of the then existing Parliament. 
 
 21. For the purpose of such readjustments. Lower (-auada 
 shall always be assigned sixty-five Members, and each of the 
 other Provinces shall, at each re-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 popula- 
 tion as Lower Canada will enjoy, according to the census then 
 last taken by having sixty-five Members. 
 
 22. No reduction shall be made in the number of ^Menibn's 
 returned by any Province, unless its population shall have de- 
 creased relatively to the population of the whole TTnion to the ex- 
 tent of five per centum. 
 
 23. In computing at each decennial period the number of 
 Members to which each Province is entitled, no fractional ]>;)rts 
 shall be considered, unless when exceeding one-half the :umber 
 entitling to a Member, in which case a Member shall be given for 
 each such fractional part.
 
 102 KESOLUTIONS ADOPTED AT CONFERENCE 
 
 24. The nuniber of Members may at any time be increased 
 by tlie General Parliament, regard being had to the proportioaate 
 rights then existing. 
 
 25. Until provisions are made by the General Parliament, 
 all the laws which at the date of the Proelanmtion 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 Pro- 
 vinces respectively, and relating to the qualification or disquali- 
 fication of voters, and to the oaths to be taken by voters, amd to 
 IJeturning 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 con- 
 troverted elections, and the proceedings incident thereto, and 
 relating to the vacating of seats of Members, and to the issuing 
 and execution of new v,rits 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 .)f places 
 situate in those Provinces respectively. 
 
 26. Every House of Commons shall continue for five years 
 from the day of the return of the writs choosing the i^ame, and 
 no longer ; subject, nevertheless, to be sooner prorogued or dis- 
 solved by the Governor-General. 
 
 27. There shall be a Session of the General Parliament once 
 at least in every year, so that a period of twelve calendaj* 
 mouths shall not intervene between the last sitting of the General 
 Parliament in one Session and the first sitting thereof in the next 
 Session. 
 
 28. The General Parliament shall have ])0wer to niak'^ laws 
 for the peace. Avelfare, and good government of the Confederation 
 (saving the Sovereignty of England), and esp 'cially laws res]>ect- 
 ing the following subjects : — 
 
 1. Tlie jtublic debt and projjerty. 
 
 2. The regulation of trade and commerce. 
 
 o. Tlie raising of mown- by all or any mode or system of 
 taxation. 
 
 4. Tlie bori'owing of money on th ' public credit. 
 
 •"i. Po.-;t;!l serviv-e.
 
 HELD AT WESTMINSTER {'ALACE HOTEL, LONDON. 103 
 
 a. Lines of steam or other ships, railways, canals, and other 
 works connecting any two or more of the Provinces to- 
 gether, or extending beyond the limits of any Province. 
 
 7. Lines of steamships between the Confederated Provinces 
 and other countries. 
 
 J<. Telegraphic communication and the incorporation of Tele- 
 graph Companies. 
 
 1). 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. 
 
 10. The census and statistics. 
 
 11. Militia, military and naval service, and defence. 
 
 12. Beacons, buoys, light-houses, and Sable Lsland. 
 
 13. Navigation and shipping. 
 14 Quarantine. 
 
 1~). Sea coast and inland fisheries. 
 
 10. Ferries between any Province and a foreign country, or 
 between any two Provinces. 
 
 17. Currency and coinage. 
 
 18. Banking : Incorporation of Banks, and the issue of paper 
 
 money. 
 10. Savings Banks. 
 
 20. Weights and measures. 
 
 21. Bills of exchange and promissory notes. 
 
 22. Interest. 
 
 23. Legal tender, 
 
 24. Bankruptcy and Insolvency. 
 
 25. Patents of Invention and Discovery . 
 
 26. Copyrights. 
 
 27. Indians, and land reserved for the Indians. 
 
 28. Naturalization and Aliens. 
 20. Marriage and Divorce. 
 
 30. The Criminal Law. except the Constitution of Courts of 
 
 Criminal Jurisdiction, but including the procedure in 
 criminal matters. 
 
 31. The establishment, lualntonaiice and management of 
 
 Penitentiarii'.-i.
 
 104 RESOLUTIONS ADOPTED AT CONFERENCE 
 
 32. Rendering uniform all or any of the laws relative to pro- 
 
 perty and civil rights in Upper Canada, Nova Scotia, and 
 New Brunswick, and rendering uniform the procedure of 
 all or any of the Courts in these provinces ; but any Sta- 
 tute for this purpose shall have no force or authority 
 in any Pro^^nce until sanctioned by the Legislature 
 thereof, and the power of repealing, amending, or alter- 
 ing such Laws, shall henceforward remain with the 
 General Parliament only. 
 
 33. The establishment of a General Court of Appeal for the 
 
 Confederation. 
 
 34. Immigration. 
 
 35. Agriculture. 
 
 30. And generally respecting all matters of a general charac- 
 ter, not specially and exclusively reserved for the Local 
 Legislatures. 
 
 2U. The General Government and Parliament shall have all 
 powers necessary or proper for performing the obligations of the 
 ( Confederation as part of the British Empire to Foreign Countries, 
 arising under Treaties between Great Britain and such Countries. 
 
 30. The powers and privileges of the House of Commons of 
 the United Kingdom of Great Britain and Ireland shall be held 
 to appertain to the House of Commons of the Confederation, and 
 the powers and privileges appertaining to the House of Lords 
 in its legisla/tive capacity, shall be held to appertain to the Legisi- 
 lative Council. 
 
 31. The General Parliament may from time to time establish 
 additional Courts, and the General Government maj^ appoint 
 Judges and Officers thereof, when the same shall appear neces- 
 sary, or for the public advantage, in order to the due execution 
 of the Laws of such Parliament. 
 
 32. All Courts, Judges, and Officers of the several Provinces 
 shall aid, assist, and obey the General Government in the exer- 
 cise of its rights and powers, and for such purposes shall be held 
 to be Courts, Judges and Officers of the General Government. 
 
 33. The General Government shall appoint and pay the 
 salaries of the Judges of the Su7>erior and District and County 
 Courts in each Province, and Parliament shall fix their salaries. 
 
 34. Until tliH consolidation of the Laws of Upper Canada,
 
 HELD AT WESTMINSTER PALACE HOTEL, LONDON. 105 
 
 Nova. Scotia and New Brunswick, the Judges of these Provinces, 
 appointed by the CJeneral Government, shall be selected from 
 their respective Bars. 
 
 .'i5. The Judges of the Courts of Lower Canada shall be 
 selected from the Bar of Lower Canada. 
 
 8G. The Judges of the Court of Admiralty' shall be paid by 
 the General Government. 
 
 37. The Judges of the Superior Courts shall hold their offices 
 during good behaviour, and shall be removable on the address of 
 both Houses of Tarliament. 
 
 38. For each of the Provinces there shall be an Executive 
 Officer styled tlie Goveinor, who shall be appointed by the Gov- 
 ernor General in Council, under the Great Seal of the Confedera- 
 tion during pleasure ; such pleasure not to be exercised before 
 the expiration of the first five years, except for cause, such cause 
 to be communicated in writing to the Governor immediately after 
 the exercise of the pleasure as aforesaid, and also by message to 
 both Houses of Parliament, within the first week of the first Ses- 
 sion afterwards ; but the appointment of the first Governors shall 
 be provisional, and they shall hold office strictly during pleasure. 
 
 39. The Governor of each Province shall be paid by the Gene- 
 ral Government. 
 
 40. The Local Government and Legislature of each Province 
 shall be constructed in such manner as the Legislature of each 
 such Province shall provide. 
 
 41. The Local Legislatures shall have pow-er to make laws 
 respecting the following subjects : — 
 
 1. The altering or amending their Constitution from time to 
 
 time. 
 
 2. Direct taxation, and, in the case of New Brunswick, the 
 
 right of levying timber dues by the mode and to the ex. 
 tent now establislied by law, provided such timber be 
 not the produce of the other Provinces. 
 
 3. Borrowing money on the credit of the Province. 
 
 4. The establishment and tenure of Local offices, and the 
 
 ap]>ointment and {layment of Local officers. 
 ' n. Agriculture. 
 
 r>. Tmraigiation.
 
 106 RESOLUTIONS ADOPTED AT CONFERENCE 
 
 7. Education ; saving the rights and privileges which the 
 
 Protestant or Catholic minority in any Province may 
 have by law as to denominational schools at the time 
 when the Union goes into operation. And in any Pro- 
 vince where a system of separate or dissentient schools 
 by law obtains, or where the Local Legislature may here- 
 after adopt a system of separate or dissentient schools, 
 an appeal shall lie to the Governor Greneral in Council 
 of the Oreneral Government, from the acts and decisions 
 of the Local Authorities which may affect 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 the subject. 
 
 8. The sale and management of public lands, excepting 
 
 lands belonging to the General Government. 
 
 9. The establishment, maintenance, and management of 
 
 public and reformatory prisons. 
 
 10. The establishment, m'aintenance, and management of 
 
 Hospitals, Asylums. Charities and Eleemosynary Insti- 
 tutions, except Marine Hospitals. 
 
 11. Municipal Institutions. 
 
 12. Shop, Saloon, Tavern, Auctioneer, and other licenses for 
 
 Local Revenue. 
 
 13. Locil woiVs. 
 
 14. The Incorporation of Private or Local Companies, except 
 
 such as relate to matters assigned to the General Par- 
 liament. 
 
 15. Property and civil rights i including the solemnization of 
 marriage) excepting portions thereof assigned to the 
 General Parliament. 
 
 1(). Inflicting punishment by fine, penalties, imprisonment or 
 otlierwise, for the breach of llaws passed in relation to 
 any subject within their jurisdiction. 
 
 17. The administration of Justice, including the constitution, 
 nuiintenauce, and organization of the Courts, both of 
 Civil and Criminal jurisdiction, including also the pro- 
 cedure in civil matters. 
 
 IS. And generally all mattei's of a Private or Local Nature 
 not assigned to the (Jent'ral Parliament.
 
 IILLI) AT VVKSTMIXSTEU I'AJ.ACE HOTEL, J.OXDON. 107 
 
 42. All The j)(>\V('i'.s, privileg-es and duties conferi'ed and 
 imposed ui»on Calliolic separate schools and vSchool Trustees in 
 Uppei- Canada, sliall be extended to the Protestant and Catholic 
 Dissentient Sdiools in Lower Canada. 
 
 4:i. The power of respiting, reprieving, and pardoning prison- 
 ers convicted of crimes, and of commuting and remitting of sen- 
 tences in whole or in part which belongs of right to the Crown, 
 shall, except in capital cases, be administered by the 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. 
 
 44. In regard to all subjects over which jurisdit-tion belongs 
 to both the General and Local Legislatures, the Laws of the Gen- 
 eral Parliament shall control 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. 
 
 45. Both the English and French languages may be employed 
 in tlie General Parliament, and in its proceedings, and in the 
 Local Legislature of Lower Canada, and also in the Federal 
 Courts, and in the ("ourts of Lower Canada. 
 
 4(5. Xo lands or property belonging to the General or Local 
 Governments shall be liable to taxation. 
 
 47. All Bills for api)ropriating any part of the public revenue, 
 or for imposing any tax or impost, shall originate in the House of 
 Commons, or House of Assembly, as the case may be. 
 
 48. 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 lax 
 or impost to any purpose, not first recommended by message of 
 the Governor-General, or the Governor as the case may be during 
 the Session in which such Vote, Resolution, Address, or BUI 
 is passed. 
 
 40. 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 con- 
 sideration of the Governor General. 
 
 50. Any Bill passed by the General Parliament shall be 
 subject to disallowance by Her ^Majesty within two years, as in
 
 108 RESOLUTIONS ADOI'TED AT CONFERENCE 
 
 the case of Bills passed by the Legislatures of the said Province^^ 
 hitherto, and in like manner any Bill passed by a Local Legis- 
 lature shall be subject to disallowance by the (Tovernor General 
 within one year after the passing thereof. 
 
 51. The seat of (rovernment of the Confederation shall be 
 Ottawa, subject to the Royal Prerogative. 
 
 52. Subject to any future action of the respective Local <jov- 
 ernments, the seat of the Local (xovernments in Upper Canada 
 shall be Toronto ; of Lower Canada, Quebec ; and the seats of the 
 Locjil Governments in the other ProAinces sliall hi^ as at present. 
 
 b'.i. All stocks, cash, bankers' balances, and securities for 
 money belonging to each Province at the time of the Union, ex- 
 cept as hereinafter mentioned, shall belong to the General Gov- 
 ernment. 
 
 54. The following Public Works and Property of each Pro- 
 vince shall belong to the General Government, to wit : — 
 
 1. Canals. 
 
 2. Public harbours. 
 
 :{. Light-houses and piers, and Sable Island. 
 
 4. Steamboats, dredges, and public vessels. 
 
 5. Rivers and lake improvements. 
 
 t). Railways and railway stocks, mortgages, and other debts 
 due by railway companies. 
 
 7. Military roads. 
 
 8. Custom-houses, post offices, and all other public buildings,. 
 
 except such as may be set aside by the General Govern- 
 ment for the use of the Local Legislatures and (lovern- 
 ments. 
 
 0. Pi'operty transferred by the Im}>erial Government, and 
 known as Ordnance property. 
 
 10. Armouries, drill sheds, military clothing, and immitions; 
 of war, and lands set a})art for general i)ubii.- purposes. 
 
 55. All lauds, min<^s. minei-als, and royalties vested in Her 
 Majesty in the Provinces of Tapper Canada, Lower Canada, Nova 
 Scotia, and New Brunswick, for the use of such Provinces, shall 
 belong to the Local Government of the territory in \Aliich the 
 same are so situate ; subject to any trusts that may exist in re- 
 spect to any of such lands or to any interest of other pf'rsous in 
 respect of the same.
 
 HELI> A'i' WEST.MIXSTEIl PALACE HOTEL, LONDON. 109 
 
 51). All sums due from purchasers or lessees of such hinds, 
 mines, or minerals, at the time of the I'nion, shall also belonjj^ to 
 the Local Government. 
 
 57. All assets connected with such portions uf the Public 
 Debt of any Province as are assumed by the Local (iovernments, 
 shall also belong to those Governments respectively. 
 
 58. The several Provinces shall retain all other public pro- 
 jx^rty therein subject to the right of the General Government to 
 assume any lauds or public property required for fortifications or 
 the defence of the country. 
 
 59. The General Government shall assume the debts and lia- 
 bilities of each province. 
 
 60. The debt of Canada not specially assumed by Upper and 
 Lower Canada respectively, shall not exceed at the time of the 
 Union sixty-two million five hundred thousand dollars ; Nova 
 Scotia shall enter the Union with a debt not exceeding eight mil- 
 lion dollars, and Xew Brunswick- with a debt not exceeding seven 
 million dollars. But this stipulation is in no respect intended to 
 limit the powers given to the respective Governments of those 
 Provinces by Legislative authority, but only to determine the 
 maximum amount of charge to be assumed by the General Gov- 
 ernment. 
 
 61. In case Nova Scotia or New Brunswick should not have 
 contracted debts at the date of Union equal to the amount with 
 which they are respectively entitled to enter the Confederation 
 they shall receive by half-yearly payments in advance from the 
 General Government, the interest at five per cent, on the differ- 
 ence between the actual amount of their respective debts and 
 such stipulated amounts. 
 
 62. In consideration of the transfer to the General Parlia- 
 ment of the powers of taxation, the following sums shall be paid 
 by the General Government to each Province for the support of 
 their Local Governments and Legislatures : — 
 
 Upper Canada ^SO.OOO 
 
 Lower Canada 70,000 
 
 Nova Scotia 60,000 
 
 New Brunswick .... . . 50,000 
 
 $260,000 
 and 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 One thousand eight hundred and sixty-one, and in the 
 case of Nova Scotia and New Brunswick, by each subsequent de-
 
 110 RESOLU'ilONS ADOPTED AT CONFERENCE 
 
 eennial Census until the population of each of those Provinces 
 shall amount to four hundred thousand souls, at which rate it 
 s'hall thereafter remain. Such aid shall be in full settlement of all 
 future denuinds upon the (leneral Government for local purposes, 
 and shall be paid half-yearly in advance to each Province ; but the 
 Creneral Government shall deduct from such subsidy all sums 
 paid as interest on the Public Debt of any Province in excess of 
 the amount provided under the sixtieth resolution. 
 
 63. The position of New Brunswick being such as to entail 
 large immediate charges upon her local revenues, it is agreed 
 that for the period of ten years from the time when the Union 
 takes effect, an additional allowance of sixty-three thousand dol- 
 lars per annum shall be made to that Province. But that so 
 long as the liability of that Province remains under seven mil- 
 lions of dollars, a deduction equal to the interest on such defi- 
 ciency shall be made from the sixty-three thousand dollars. 
 
 04. 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. 
 
 (J.J. The construction of the Intercolonial Railway being essen- 
 tial to the consolidation of the Union of British Nortli America, 
 and to the assent of the IMaritime I'rovinces thereto, it is agreed 
 that provision be made for its immediate construction by the Gen- 
 eral Government, and that the Imperial guarantee for three mil- 
 lions of pounds sterling pledged for this work be applied thereto, 
 so soon as the necessary authority has been obtained from the 
 Imperial Parliament. 
 
 00. The communications with the North Western Territory, 
 and tlie improvements required for the development of the trade 
 of the Great West with the Sea-board, are regarded by this Con- 
 ference as subjects of the highest importance to the Confedera- 
 tion, and shall be prosecuted at the earliest possible period that 
 the state of the Finances will permit. 
 
 07. The sanction of the Imperial Parliament shall be sought 
 for the Union of the Provinces on the principle adopted by this 
 Conference. 
 
 (58. Tliat Her Majesty the Queen be solicited to determine 
 the rank and name of the Confederation. 
 
 (51). That a copy of these Resolutions signed by the Chairman 
 and Secretary of the Conference be transmitted to the Right 
 Honourable the Secretary of State for the <_'olonies. 
 
 Th ' Conference adjouined at six o'clock p.m. until Friday, the 
 28th December, at 12 o'ckwk noon.
 
 HELD AT WESTMINSrER PALACE HOTEL, LONDON. Ill 
 
 Report cf Discussions-Loneon Conference 
 
 TUESDAY, 4TH DECEMBER, 186G. 
 
 At a meetiuii,- of the delegates held this day, — Present : 
 Messrs. John A. Maedonald, Cartier, Gait, McDougall, Howland, 
 Tni)iier, Henry, Ritchie, Archibald, McCully, Tilley, :Mitchen, 
 Fisher, Wilmot and Johnson. 
 
 Tlie New Brunswick delegates stated that their authority 
 to act was contingent upon their securing tlie construction of 
 I lie Intercolonial Railway, and requested the opinion of their co- 
 delegates. All agreed that the road was desirable and that 
 permission or security for its construction by Imperial action 
 should be asked. After a brief duscussion as to the form which 
 this aid should take, 
 
 Mr. Tupper stated the action luul in relation to Prince Edward 
 Island.* 
 
 It was agreed that on all questions Canada should have two 
 votes, Nova Scotia and New Brunswick, one each. 
 
 The first 29 of the resolutions of the Quebec Conference 
 were then considered. 
 
 Adjourned. 
 
 WEDNESDAY, .5TH DECEMBER, ISiKJ. 
 Present, — All the delegates. 
 
 Mr. McCully suggested that an intimation of the meeting of 
 the delegates be given to the Colonial Secretary, Agreed to. t 
 
 * See Appendix No. VI. 
 t S<'e Appendix No. VI.
 
 112 REPORT OF DISCUSSIONS. 
 
 The Quebec Kesohitions. beginning with No. 30, were then 
 considered, and the followino- action liad thereon : — 
 
 Xo. 30. Mr. McDougall suggested whether it would be ad- 
 visable to give power to the CTeneral Government to act with 
 foreign Governments. Stand over. (Consular powers). 
 
 No. 31. Stand over. 
 
 No. 32. Passed. 
 
 No. 33. It is suggested that County Courts be established 
 and appointed in all the Provinces. 
 
 No. 31. Passed. 
 
 No. 35. Passed. 
 
 No. 36. Powers be fixed. Imperial Parliament. I'assed. 
 
 No. 37. Passed. 
 
 No. 38. Stand over. (Case of illness). 
 
 No. 39. In case of death or absence of Lieutenant-Gover- 
 nor, who to be Administrator ? 
 
 No. 40. Out. 
 
 No. 41. Passed. 
 
 No. 42. Passed. 
 
 No. 43. 
 
 (1) Stand over. 
 
 (2) Passed. 
 
 (3) Passed. 
 
 (4) Passed. 
 
 (5) Passed. 
 
 (6) Passed with Mr. Gait's amendment.* 
 
 * Mr. Gait moved : — That the following words be added to and form part of the 6th 
 sub-section of the 43rd clause : 
 
 " And in any Province whei-e a sy.stem of Separate or Dissentient schools bylaw 
 obtains, or where the Local Legislature may hereafter adopt a system of Separate or Dis- 
 sentient schools, an ai)peal shall lie to the (xovernor in Council of the General Govern- 
 ment from the acts and decisions of the local authorities which may aflfect 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 the subject." 
 
 The al)ove amendment is in the handwriting of Mr. Gait. In the left hand corner 
 is the following memorandum in the handwriting of the Chairman (Mr. John A. Mac- 
 donald) : — 
 
 Nova Scotia — Yes. 
 
 New Brunswick — Yes. 
 
 Canada — Yes.
 
 
 ^ 
 ^ 
 
 "^ 
 
 ^■^ 
 
 ^ 

 
 ^,.;^L^., 
 
 
 97 ■ ^tf^^^^ 
 
 m
 
 LONDON CONFERENCE. 
 
 113 
 
 (7) 
 
 Considered. 
 
 (8) 
 
 Stand. 
 
 (9) 
 
 Passed. (Penitentiary). 
 
 (10) 
 
 Passed (except Marine Hospitals) 
 
 (11) 
 
 Passed. 
 
 (12) 
 
 Passed. 
 
 (13) 
 
 Passed. 
 
 (14) 
 
 Passed. 
 
 (15) 
 
 Passed. 
 
 (16) 
 
 Passed. 
 
 (17) 
 
 Passed. 
 
 (18) 
 
 Stand. 
 
 Adjourned. 
 
 THURSDAY, GTH DECEMBEPt, 18GG. 
 
 The considei-ation of the Resolutions of the Quebec Confer- 
 ence was proceeded with. 
 
 No. 44. Stand over. Pardoning power to be amended. 
 
 No. 45. 
 No. 46. 
 No. 47. 
 No. 48. 
 No. 49. 
 No. 50. 
 No. 51. 
 No. 52. 
 No. 53. 
 No. 54. 
 
 No. 55. 
 
 Passed. 
 
 Passed. 
 
 Passed. 
 
 Passed. 
 
 Passed, 
 
 Passed. 
 
 Passed. 
 
 Passed. 
 
 Passed. 
 
 Passed. 
 
 Proviso to be put in to omit appropria- 
 
 tions of the current year. 
 
 (1) 
 (2) 
 (3) 
 (4) 
 
 (5) 
 (6) 
 (7) 
 
 Passed. 
 Passed. 
 
 Passed. 
 Passed. 
 Passed. 
 Passed. 
 Passed.
 
 114 REPORT OF DISCUSSIONS. 
 
 (8) and (11) To be further considered in relation ta 
 
 appropriation of public buildings and lands for 
 local or general purposes. 
 
 (9) Passed. 
 (10) Passed. 
 
 No. 56. Stand. 
 
 No. 57. Stand. 
 
 No. 58. Stand. 
 
 No. 59. Stand. 
 
 No. 60. Passed. 
 
 No. 61. Stand. 
 
 No. 62. Stand. 
 
 No. 6.3. Out. 
 
 No. <;4:. Stand. Mr. Tilley suggested that the eighty cents 
 
 be continued as a regular increase until population 
 
 goes up to half a million. 
 
 No. 65. Stand. 
 
 No. 66. Out. 
 
 No. 67. Stand. 
 
 No. 68. Passed. 
 
 No. 69. Passed. 
 
 No. 70. Passed. 
 
 No. 71. Stand. 
 
 No. 72. Out. 
 
 THURSDAY, 13TH DECEMBER, 1866. 
 
 The Resolutions of the Quebec Conference, beginning with 
 number one, were considered. 
 
 No. 1. Word "Federal " objected to by Mr. Henry. To be 
 considered. 
 
 No. 2. The term " Federation " to be '' Confederation '' ; 
 " would be " to be '' is." The words " Prince Ed- 
 ward Island " to be dropped the first place they oc- 
 cur. 
 
 No. 8. Agreed to previously. 
 No. 4, Agreed to previously. 
 No. 5. Reserved as to Representative of the Sovereign.
 
 LONDON CONFERENCE. 115 
 
 Mr. McBougall — Why assert that the Sovereign! is Com- 
 mander-in-Chief when it is part of the constitution of England ? 
 
 Mr. Macdonald — I am not prepared to admit that. The 
 Sovereign is not absokitely the Commander-in-Chief of the 
 militia of England except by proclamation. 
 
 Mr. McDoiujall — I am prepared to go the same lengths as 
 is constitutional in England. 
 
 Mr. Macdonald — Read it in connection with the third 
 resolution. 
 
 Mr. Tapper — Then constitutional advice will be necessary. 
 
 Mr. Macdonald — Any powers given by statute to the Sove- 
 reign must be exercised constitutionally. 
 
 Mr. McCully — If any doubt remain on the point, it would 
 require delegation from the Queen in her Commission to the 
 Governor-General. 
 
 It was agreed to strike out the words " or Representative of 
 the Sovereign." 
 
 No. 6. Mr. Tupper proposed " Confederation " in lieu of 
 '^ Federated Provinces." He said the term " Local Legislature " 
 and " Federal Parliament " are used advisedly. The distinction 
 breaks off here. 
 
 Mr. Archibald proposed that " Legislature " be designated 
 " Parliament." 
 
 Mr. Macdonald proposed that the words '• tlie Sovereign " be 
 inserted immediately after the words " composed of." Agreed to. 
 
 No. 7. Mr, Macdonald proposed that the word " Confedera- 
 tion " be substituted for " Federated Provinces," and that the 
 words " Prince Edward Island " be omitted. Agreed to. 
 
 No. 8. Mr. Tupper — I propose the third division shall stand 
 giving Nova Scotia and New Brunswick the full number, to fall 
 back to the number prescribed as vacancies occur. Tliis is the 
 plan of Messrs. Cartier and Langevin and is reasonable. Omit 
 word " three," give Nova Scotia and New Brunswick twelve each, 
 and add a separate clause like number nine to meet the case of 
 Prince Edward Island.
 
 116 REPORT OF DISCUSSIONS. 
 
 Mr. Mitchell — Any representation of Prince Edward Island 
 should be taken out of the whole without specifying the number 
 here for them. 
 
 Mr. IMacdonald — I think we should adhere to the number of 
 four for Prince Edward Island. 
 
 Mr. Twpper — I agree with Mr. Mitchell. 
 
 Mr. Tilley — It is for the Genera-1 Government to settle with 
 Prince Edward Island. 
 
 Mr. Ritchie — Canada may brino- in Prince Edward Island, 
 and in so doing sacrifice the Lower Provinces. Therefore define 
 the number at once. 
 
 Mr. Fisher— It would be a great evil to leave the matter 
 open. Prescribe the number now to prevent heartburnings in the 
 future. Prince Edward Island may have two, four or six. Ten 
 each for Nova Scotia and New Brunswick is sufficient. Do not 
 change that number. 
 
 Mr. Henry — The entrance of Prince Edward Island would be 
 specially the object of the Lower Provinces. It is safe therefore 
 to run the risk that Canada will not act adversely to the Lower 
 Provinces. It is not the interest of Canada to use power 
 improperly. 
 
 Mr. Johnson — You will create a difficulty between Nova 
 Scotia and New Brunswick. The former may want a preponder- 
 ance. 
 
 il7r. Tiqyper — I move that : — 
 
 In case Prince Edward Island is admitted into the union its representation in the 
 Legislative Council shall be four, to be appointed from Nova Scotia and New Bruns- 
 wick as vacancies occur. 
 
 Mr. Mitchell- — That does not meet my objection. I think four 
 was originally too large a representation for Prince Edward Island. 
 I)iscretion should be allowed. 
 
 Mr. Wilmot — The number was fixed upon at the Quebec 
 Conference and agreed to by the delegates from Prince Edward. 
 Island. It should not now be altered.
 
 LONDON CONFERENCE. 117 
 
 Mr. Ritchie — I suggest provision that in no case should Nova 
 Scotia or New Brunswick have fewer than ten. 
 
 ]\Ir. Gait — That conies to the same thing. 
 
 Mr. Macdonald — It will give confidence to Prince Edward 
 Island to leave it as it is. But you may limit the time. The Con- 
 federation Parliament alone can admit Prince Edward Island, and 
 it will be against the interest of the Lower Provinces to cut them- 
 selves down to eight each in order to admit of Prince Edward 
 Island having four. 
 
 Mr. Cartier referred to the Charlottetown Conference. There 
 it was understood the Lower Provinces were to be accounted as 
 one, but not Newfoundland. They came to Quebec only. 
 
 Mr. Tupper moved : — 
 
 That the Members of the Legislative Council for the Confederation shall in the first 
 instance be appointed upon the nomination of the Executive Government of Canada, 
 Nova Scotia, and New Brunswick respectively, and the number allotted to each Pro- 
 vince shall be nominated from the Legislative Councils of the different Provinces, due 
 regard being had to the fair representation of both political parties ; bvit in case any 
 member of the Local Council so nominated shall decline to accept, it shall be competent 
 for the Executive Government in any Province to nominate in his place a person who is 
 not a member of the Local Council. 
 
 Mr. Archibald moved : — 
 
 That the Province of Prince Edward Island when admitted int(» the Confederation 
 shall be entitled to a representation of four Members in the Legislative Council. But 
 in such case the numbers allotted to New Brunswick and Nova Scotia sJiall be diminished 
 to ten each, such diminution to take place in each Province as vacancies occur. 
 
 Mr. Henry — What we should do is that which will bind 
 some one. 
 
 Mr. (ra^i^-T-Unless specifically provided for, there would be no 
 power to reduce Nova Scotia and New Brunswick afterwards. 
 Resolution as amended carried. 
 
 Mr. Henry — Do not say " when," put " if.'' 
 
 Mr. Fisher — All these questions must come up again in the 
 Bill. 
 
 Mr. Gait— To the Legislative Council all the Provinces look 
 for protection under the Federal principle. Therefore, we 
 should In this respect define now the extent to which we should 
 settle the constitution of the Upper House.
 
 118 REPORT OF DISCUSSIONS. 
 
 Mr. Johnson — The Colonial Office took objection to a fixed 
 number. They deprecated a cast iron rule. 
 
 Mr. Tapper — True, Mr. Cardwell so said, but I think it de- 
 sirable to fix it. In the Maritime Provinces we felt that the 
 great preponderance of Canada could cmly be guarded against 
 by equal representation in the Legislative Council. If an in- 
 crease could be made by the Crown it might disturb the relative 
 proportions. It may limit the Crown to define the number, but 
 it can't be helped. 
 
 Mr. Howhind — I did not consider tlie mode of appointments 
 so much as the rmmber and duration. 
 
 Mr. Henry — I oppose the limitation of number. We want a 
 complete work. Do you wish to stereotype an Upp?r Branch, 
 irresponsible both to the Crown and the people ? a third body 
 interposed unaccountable to the other two. The Crown unable 
 to add to their number. The people unable to remove them. 
 Suppose a general election results in the election of a large ma- 
 jority in the Lower House favourable to a measure, but the 
 Legislative Council prevent it from becoming law. The Crown 
 should possess sojne power of enlargement. 
 
 Mr. Tapper — I agree with Mr. Henry; but he does not re- 
 flect that this is not a Legislative I^nion, and we had sectional 
 and local differences. Lower Canada and the Lower Provinces 
 require some guarantee. No addition would be required excejjt 
 in case of a dead-lock, when the Government of the day w^ould 
 appoint men pledged beforehand. 
 
 Mr. Fisher — The prerogative of the Crown has been only 
 occasionally used, and always for good. This new-fangled thing 
 now introduced, 72 oligarchs, will introduce trouble. I advo- 
 cate the principle of the power of the Crown to appoint addi- 
 tional members in case of emergency. 
 
 Mr. Tillei/ — I agree witli Dr. Tupper. Our protection is as 
 now settled. The objection was that Upper Canada would 
 swamp the Lower I'ronnces. What is the Crown ? The Cov- 
 ernment of the day. 
 
 Mr. Howland — I admit that if the Government is to l>e con-" 
 stituted on the Federal princii)le, the number should be fixed 
 and to represent localities. I am in favour of the Federal prin-
 
 LONDON CONFERENCE. 119 
 
 €iple, and I think that if you have a Federal I'arliameut you must 
 not give power to the Crown to increase the number of the Legis- 
 lative Council. Thirty-seven members of that House may say 
 at any time what the Government shall not do, and be account- 
 able to no one. My remedy would be to limit the period of ser- 
 vice and vest the appointment in the Local Legislatures. It 
 would then be a true Federal Parliament. Now it is an anom- 
 aly. It won't work and cannot be continued. You cannot give 
 the Crown an unlimited jjower to appoint. , 
 
 il/r. Archibald — This lies at the root of our whole scheme 
 the spirit of which is that each Province shall be sectionally re- 
 [)resented in the Legislative Council. The Upper Hous;- may 
 disagree with the House of Commons. Its value will be that of 
 occasional obstruction. 
 
 Mr. McC all i/~— There are difficulties on both sides. Is there 
 no escape from them ? I feel that we are now touching the 
 very life of the whole scheme. If we err, the whole scheme will 
 come down some time. My views, as we stand to-day, ai'e : — 
 Here we are three Provinces. Dead-lock arises. Necessity for 
 creation of three or four additional members of Tapper House 
 imperative. Why not trust the Executive Government to ap- 
 point one from Upper Canada, one from Lower Canada, and one 
 from the ^Maritime Provinces ? 
 
 Mr. Macdonald — We are all agreed that each of the divi- 
 sions should be equally represented, and should not be varied. 
 If any addition is nuide it must be in equal proportions from each 
 division. That is a limit to the prerogative. 
 
 Mr. Wilmot — I agree with Messrs. Tilley and Tupper as to 
 the necessity of keeping sectional representatives, but I disap- 
 prove of cast-iron rules. Prefer mode of increasing number re- 
 latively. Instead of the Crown appointing, I would prefer choice 
 by joint ballot of Local Legislatures. 
 
 Mr. Langeviv — If you give power to swauip tlie Legislative 
 Council then you destroy its utility. LoA\er Canada insists that 
 each of its present divisions shall have a representative in the 
 Council, that is the existing divisions. If you give power to the 
 Centi-al Government to increase the number you change the pro- 
 portions. This has been settled to the satisfaction of Roman 
 Catholics and Protestants, British and French. 
 
 No. 9. Agreed to. 
 
 Adjourned.
 
 120 REPORT OF DISCUSSIONS. 
 
 FRIDAY, 14TH DECEMBER, 1806. 
 
 The consideration of the Resolutions of the Quebec Con- 
 ference was proceeded with. 
 
 No. 10. Agreed to, omitting words " Vancouver Island." 
 
 No. 11. Stands. 
 
 No. 12. Mr. Macdoiiald — At the Quebec Conference we 
 were all in favour of a higher qualification, but it was reduced 
 to suit Prince Edward Island and Newfoundland. (It wa» 
 agreed to strike out part referring to Prince Edward Island and 
 Newfoundland). 
 
 Mr. Tupper — I move that the word " real " be struck out. I 
 should be willing to strike out the property qualification alto- 
 gether. If the office were elective, it might be different. If a 
 (jualification be thought necessarv, then |4,000 is too insignifi- 
 cant for the Parliament of the Confederation. Suppose a man 
 with $50,000 worth of shipping. Should he be ineligible because 
 he had not land worth $4,000 ? 
 
 Mr. Fisher — I differ from Mr. Tupper. I would vote for a 
 higher qualification. If a man has |50,000 let him buy land and 
 pay taxes on it. 
 
 Mr. Tupper — In Nova Scotia we have no propert}^ qualifica- 
 tion for the Legislative Assembly. 
 
 Mr. Fisher — We have in New Brunswick. 
 
 Mr. Wilraot—l think $4,000 too small. 
 
 Mr. McDougall — I desire to raise the question whether mat- 
 ters settled at the Quebec Conference can be changed. Cana- 
 dian delegates are in a diif<^rent position to those from the Lower 
 Pro^inces. As to any subject which has not been agitated 
 in the Lower ProAinces, do we not lose time by arguing them as 
 they should not be altered ? Is Conference as a whole at 
 liberty to vary these resolutions ? 
 
 Mr. Mitchell — I would liave taken the same ground. As 
 regards New Brunswick, I look on our position here as not to 
 open and discuss old resolutions, but as to certain and specific 
 objections to that scheme. That is my individual view. Hav-
 
 LONDON CONFERENCE. 121 
 
 ing gone twice to the people on the Quebec seheme, I can say 
 that there are two leading features objectionable to New Bruns- 
 wick : — 
 
 (1) Representation in the Legislative Council. 
 
 (2) Financial arrangements. 
 
 They also demand more definite mention of the Intercolonial 
 road. 
 
 Mr. McCalh/ — We have adopted the (=^)nebec sclieme as the 
 backbone, but I think we are here to bring our judgment and 
 maturer reflections to bear upon it. We are tied down to no- 
 thing, but should not depart unnecessarily from the Quebec 
 scheme. I will act with the majority of the Conference, al- 
 though contrary to my own opinion. 
 
 Mr. Mwdorudd — The Maritime delegates are differently 
 situated from us. Our Legislature passed an address to the 
 Queen praying for an Act of Union, on the basis of the Quebec 
 resolutions. We replied to enquiries in our last Session of Par- 
 liament that we did not feel at liberty ourselves to vary those 
 resolutions. It is quite understood in Canada, though never re- 
 duced to writing, that if any serious objection should be made 
 by the Maritime ProAinces, we should be prepared to listen and 
 consider. 
 
 Mr. Fisher — I have lieard foity objections in New Bruns- 
 wick to the scheme, but shall act on my own judgment. But this 
 matter will be settled on the basis of the Quebec scheme. 
 
 Mr. Ritchie— I entirely concur in the views of Mr. Mac- 
 donald. But we of tlie Maritime Province's may bring forward 
 matters for discussion. In the Legislature of Nova Scotia it 
 was understood that all matters should be entirely open. 
 
 Mr. Johnson — The Quebec scheme sliould lie the basis, but 
 we may agree upon some alterations, and these may necessitate 
 other changes. 
 
 Mr. MeDoiigall — I liave felt my hands tied and }:\r. Howland 
 
 also. 
 
 Mr. Galf — 1 look on myself as bound by the Quebec scheme 
 as asserted on two occasions in Canada. The real points upon 
 which we might vary them are those which were notoriously ob-
 
 122 REPORT OF DISCUSSIONS. 
 
 jected to in the Maiitime I'ro-sinces. But in a. matter of detail 
 I think we should not depart from Quebec. I was in tavour of 
 a hirger qualification than 14,000, but would not now vary it. 
 
 Mr. Howla/H'l — We place ourselves in a false position in 
 every departure from the Quebec scheme. But in advocatinj^ 
 an alteration on the question objected to by the Colonial Office 
 (limit of prero.yative) I thought we had full power. 
 
 j\Ir. Macdonald — 'i he Conference can now quite understand 
 our position, and we may now go on. We are quite free to dis- 
 cuss points as if they were open, although we may be bound to 
 adhere to the Quebec scheme. 
 
 Mr. McCulljj — I think it might be well to have had a higher 
 qualification, but not to change now. 
 
 Mr. Archibald — I move continuance of property qualification 
 in the Province for which the member is chosen. Agreed to.* 
 
 No. 13. Agreed to. 
 ZS'o. 11. Stands. 
 No. 15. Agreed to. 
 No. 16. Agreed to. 
 
 No. 17. 194 reduced to 181. Prince Edward Island and 
 Newfoundland struck out. 
 
 No. 18. Agreed to. " The first general election after " to be 
 
 ius(-rted after " until." 
 
 No. 11). Stands. 
 
 No. 20. Agreed to. 
 
 No. 21. Stands. 
 
 No. 22. Agreed to. 
 
 No. 23. To be modified. 
 
 No. 24. Sti'uck out. See 41. 
 
 No. 25. Stands over. 
 
 No. 20. Agreed to. 
 
 No. 27. Agreed to. 
 
 No. 28. Agreed to. 
 
 Xi». 2!). Siiinds for consideration. 
 
 * Apparently this concludes the work of the rlav. What follows indicates the pro- 
 cedure with re.spect to the remaining clauses, though the dates on which they were 
 severally dealt with in Conference are wanting.
 
 LONDON CONFEUENCE. 123 
 
 liOUGH DRAFT OF CONFERENCE. 
 
 Be it enacted by the Queen's most Excellent Maje.stv, by 
 and with the advice and consent of the Lords Spiritual 
 and Temporal and Commons in this present Parliament 
 assembled, an<l by tlie authority of tlie sanu', as follows: — 
 
 1. It shall be lawful for Her Majesty, with the advice of her 
 Privy Council, to declare, or to authorize the (lovernor-Cieueral 
 to declare by proclanuitiou, that the i*roviuces of Canada, Nova 
 Scotia, and New Brunswick, upon, from, and after a certain clay 
 in sm-h i)roclaniation to be appointed, which duy shall be within 
 
 calendar months next after the pass- 
 ing- of this Act, shall, for the purposes hereof, form and be one 
 Province or Confederation, under the name of 
 
 and thenceforth the said several Provinces shall 
 constitute and be one Province or Confederation, under the narm^ 
 aforesaid, upon, from, and after the day so appointed, as afore- 
 said. 
 
 (GENERAL UOYEPtNMENT. 
 
 2. The PJxecutive Authority or CTOvernment. so far as may 
 be necessary for the purposes of this Act, shall be and continue 
 to be vested in the Queen of ttie United Kingdom of Great Britain 
 and Ireland, to be administered either personally or by represen- 
 tatives upon the principles of the Pritish Constitution. 
 
 3. The Queen shall be Commander-in-Chief of the land innl 
 naval militia forces. 
 
 i. There shall be within the said Confederation a Parlianunit 
 composed of the Queen, Legislative Council, and a House of t'om- 
 mons. 
 
 LEGISLATIVE COI'NCIL. 
 
 5. There shall be 72 Membei's in the Legislative Council, and 
 for the purpose of constituting such Legislative Council the Con- 
 federation shall be deemed to consist of three divisions, each to 
 have an equal representation, that is to say : first, the Province 
 of Upper Canada. 24 ; second. Lower Canada, 24 ; third, Nova 
 Scotia and New Brunswick, 24 ; being 12 to each. 
 
 0. After the admission of Prince Edward Island into the Con- 
 federation, Ihe representation of Nova Scotia and New Bruus-
 
 124 REPORT OF DISCUSSIONS. 
 
 wick in the Legislative Couoicil shall be reduced to ten each, such 
 reduction only to take place on the occurrence of vacancies by 
 death or otherwise. 
 
 7. The colonies of Newfoundland and Prince Edward Island^ 
 the North Western Terrritory and British Columbia, shall be ad- 
 mitted into the Confederation on such terms and conditions as 
 the Parliament shall deem equitable, and as shall receive the as- 
 sent of Her Majesty, and in the case of Newfoundland, Prince Ed- 
 ward Island, and British Columbia as shall be agreed upon by 
 their respective Legislatures, but Newfoundland and Prince Ed- 
 ward Island, when admitted, shall each be entitled to a represen- 
 tation in the Legislative Council of four Members. 
 
 8. The Members of the Legislative Council shall be appointed 
 by Her Majesty under the Great Seal of the Confederation, ana 
 hold their seats for life, subject to the provisions hereinafter con- 
 tained for vacating the same. Every person so appointed shall 
 be a British subject of the age of thirty years or upwards, and 
 shall at the time of such appointment reside in the Province for 
 which he is appointed, and shall be seised in fee to his own use of 
 real estate therein of the value of $4,000 over and above all in- 
 cumbrances, and shall be worth that sum over and above all his 
 debts and liabilities. Provided, in the case of Lower Canada, 
 every person appointed shall be a resident of the said Province, 
 and shall reside or possess his qualification in the Electoral Dis- 
 trict he is appointed to represent, as is mentioned in Schedule A,. 
 Chapter 1, of the Consolidated Statutes of Canada. 
 
 9. Nothing hereinafter contained as to the residence of Legis- 
 lative Councillors shall apply to any person holding an oflBcial 
 position which requii'es his attendance at the seat of G-overnment 
 during the term of his office. 
 
 10. If any Legislative Councillor shall, for two successive 
 Sessions of Parliament, fail to give his attendance in the Legis- 
 lative Council without the ]>ermission of the Governor-General,, 
 or shall take any oath, or make any declaration or acknowledg- 
 ment of allegiance, obedience, or adherence to any Foreign Prince 
 or Power, or shall do or concur in or adopt any act whereby he 
 may become a subject or citizen of any Foreign State or Power, 
 or whereby he may become entitled to the rights, privileges, or 
 immunities of a subject or citizen of any Foreign State or Power, 
 or shall cease to reside in the Province for which he is appointed,
 
 LONDON CONFERENCE. 125 
 
 i)i\ m the CUM' of Lower Canada, in the Electoral Distrh t, as herein 
 pi'ovided, subject to the exception as to Officers of the (lovern- 
 nient hereinbefore provided, or shall cease to hold the i)roperty 
 qualification hereinbefore mentioned, or shall become bankrupt, 
 or take the benefit of any law relating to Insolvent Debtors, or 
 shall become a })ublic defaulter, or be attainted of felony, or of 
 any infamous crime, his seat in the Legislative Council shall 
 thereby become vacant. 
 
 11. Every Member of the Legislative Council before he shall 
 sit or vote therein, shall take the oath of allegiance to Her Ma- 
 jesty before the Governor-General, or some person or persons 
 authorized by him to administer such oath, and shall also make 
 and subscribe a declaration in writing under his hand, and de- 
 liver the same to the Clerk of the Council, which declaration shall 
 be as follows : '' I, A B, do declare and testify that I am by law 
 duly qualified to be appointed a Member of the Legislative Coun- 
 cil of Canada, and that I am duly seised of an estate in fee simple 
 to my own use, in lands or tenements, in (here set forth the place 
 where such lands are situate, and a particular description there- 
 of) of the value of 14,000 over and above all incumbrances af- 
 fecting the same, and that I am worth that sum over and above 
 all my debts and liabilities, and that I have not collusively or 
 colourably obtained a title to or become possessed thereof, or of 
 any part thereof, for the purpose of enabling me to become i. 
 member of the said Legislative Council." And every Member 
 who shall sit or vote in the Council before making and filing such 
 declaration as aforesaid, shall be liable for every day he shall 
 «o sit to pay the sum of |500, to be recovered by any person who 
 shall sue for the same, and whoever shall wilfully, falsely, and 
 corruptly malce any such declaration or affirmation, shall be 
 guilty of perjury, and suffer the pains and penalties therefor. 
 
 12. If any question shall arise as to the right of any person to 
 hold his seat in the Legislative Council, it shall be heard and de- 
 termined by the Legislative Council. But it shall be lawful 
 either for the person respecting whose seat such question shall 
 have arisen, or for Her Majesty's Attorney-General or other 
 principal Law Officer of the said Confederation, to appeal from 
 the determination of the said Council in such case to Her 
 Majesty, and that the judgment of Her Majesty, with the advice 
 of Her Privy Council thereon shall be final and conclusive in 
 the premises.
 
 126 REPORT OF DISCUSSIONS. 
 
 13. Any Member of the Legislative Council may, by writing 
 under bis band addressed to tbe Governor-General, resign bis 
 seat in tbe said Legislative Council, and upon sucb resignation 
 tbe seat of sucb Legislative Councillor sball become vacant. 
 
 14. Tbe Governor General, unless otherwise ijrovided by 
 Parliament, sball appoint during pleasure one of tbe Members, 
 of tbe Legislative Council to be Speaker thereof. 
 
 15. Tbe presence of at least Members of the Legislative 
 Council, exclusive of tbe Speaker, shall be necessary to consti- 
 tute a meeting for the exercise of its powers, and all questions 
 which shall arise therein sball be decided by a majority of voices^ 
 of tbe Members present, other than tbe Speaker ; but when tbe 
 voices are equal, the Speaker shall have the casting vote. 
 
 10. Tbe Legislative Council, or the Members thereof, shall be 
 entitled and exercise as a Branch of the Legislature within tbe 
 ("onfederation all the powers and privileges, and be subject to all 
 tbe responsibilities and duties which the House of Lords in Eng- 
 land, or the Members thereof enjoy, or are subject to, except a» 
 birein provided, and also as to what appertains to the judicial 
 functions of the House of Lords. 
 
 17. The Governor-General shall in tbe first instance appoint 
 the Members of tbe Legislative Council upon tbe nomination of 
 the Executive Governments of Canada, Nova Scotia and New 
 Brunswick, respectively, to be selected from tbe Legislative Coun- 
 cil of each Province ; but if any member of sucb Legislative 
 Council so nominated shall not accept such nomination, the 
 Executive Government in any I'rovince may nominate in his 
 place a person who is not a member of such Legislative Council. 
 
 HOUSE OF COMMONS. 
 
 18. Tbe House of Commous sball be constituted upon tbe 
 basis of representation by pojiulation, and shall consist of 181 
 Members, distributed as follows : — To Upper Canada, 82 ; Lower 
 Canada, (55 ; Nova Scotia, II) ; and to New Brunswick, 15 ; ana 
 aftei' tlie decennial census of 1871, and every decennial census 
 lliereafter, u])on the termination by a dissolution or otherwise of 
 i\u- Parliament tlum existing, tlie representation from each Pro- 
 vince sliall be readjusted, and for that ])urpose Lower Canada 
 sluill always be assigned (15 Members, and to each of the other
 
 LONDON CONFERENCE. 127 
 
 Provinces at each readjustment shall be assigned the number of 
 Members to which it will be entitled in the same ratio of repre- 
 sentation to population as Lower Canada will have. 
 
 10. In the computation at each decennial period of the num- 
 ber of Members to which each Province is entitled, no fractional 
 part shall be considered, except in cases when any such frac- 
 tional part shall exceed one-half of the number which would 
 entitle a Province to a Member on the basis of population, in 
 which case a Member shall be assigned for each such fractional 
 part ; and no reduction shall be made in the number of Members 
 to be returned by any Province unless its population shall have 
 decreased relatively to the population of the whole Union, to the 
 extent of five per centum. 
 
 20. The Parliament may at anf time increase the number of 
 Members in the House of Commons, but such increase shall be 
 in the proportion to which each Province would be entitled 
 under this Act. 
 
 21. Until provision is made by Parliament, all the law^ 
 which at the time this Act comes into operation are in force in 
 the Provinces, respective!}' relating to the qualification and dis- 
 qualification of persons elected or entitled to sit and vote as 
 Members of the Assembly of the said Provinces respectively, or 
 relating to the qualification or disqualification of Electors, or to 
 the oaths to be taken by Electors, or to returning officers, their 
 powers and duties, or to the proceedings at elections, or to the 
 manner and time of holding and conducting such elections, except 
 as to Electoral Districts, or to the trial of Controverted Elec- 
 tions ; and all proceedings incidental thereto, or relating to tht 
 vacating the seat of ^lembers, or to the execution of new writs 
 in case of any seat being vacated otherwise than by a dissolution, 
 shall resijectively apply to elections of Members to serve in the 
 House of Commons for those Provinces respectively. 
 
 22. The Governor-General shall within after 
 this Act comes into operation, cause writs to be issued in such 
 form as he may prescribe for the election of Members of the 
 House of Commons, and within after the return 
 thereof, summon Parliament for the despatch of busmess, and in 
 case any vacancy should occur in the House of Commons before 
 provision is made by Parliament, such vacancy may be filled, 
 and writs therefor may be issued in like manner.
 
 128 REPORT OF DISCUSSIONS. 
 
 23. No Member of the House of Commons shall be permittea 
 to sit or vote therein until he shall have taken the oath of allegi- 
 ance to Her Majesty before the Governor-General, or other per- 
 son or persons authorised by him to administer such oath. 
 
 24. The House of Commons shall, upon their first assembling 
 after every general election, proceed forthwith to elect one of their 
 Members to be Speaker, and in the case of his death, resignation 
 or removal by a vote, shall forthwith proceed to elect another 
 of such Members to be such Speaker, and the Speaker so elected 
 shall preside in the said House of Commons. 
 
 25. Upon any general election the House of Commons shall 
 be competent to proceed to the despatch of business at the time 
 appointed by the Governor-General, provided that no more than 
 five of the writs of election shall not have been returned, or that 
 in any of the Electoral Districts the electors shall have failed to 
 elect a Member to serve in the said House of Commons. 
 
 20. The presence of at least Members of the House 
 
 of Commons, exclusive of the Speaker, shall be necessary to con- 
 stitute a meeting for the exercise of its powers, and all questions 
 which shall arise in such House of Commons, shall be decided 
 by a majority of voices of such Members as shall be present 
 other than the Speaker, and whenever the voices shall be equal 
 the Speaker shall have the casting voice. 
 
 27. The House of Commons, and the Members thereof, sub- 
 ject to the provision of this Act, shall enjoy all the powers, 
 privileges and functions, and be subject to all the duties and 
 responsibilities within the Confederation, as the British House 
 of Commons and the Members thereof. 
 
 28. No person, being a Member of the Legislative Council, 
 shall be capable of being elected, or of sitting, or voting as u 
 Member of the House of Commons. 
 
 PARLIAMENT. 
 
 29. Every Parliament shall continue for five years from the 
 day of the return of the writs under which the Members of the 
 House of Commons shall be elected, and no longer, but subject 
 to be sooner prorogued or dissolved by the Governor-General, 
 and a Session of the Parliament shall be holden at least once 
 in every year, so that a period of twelve calendar months shall 
 not intervene between anv two Sessions.
 
 OF LOXruX CONFERENCE. 12.> 
 
 30. The Governor-General may fix such place or places 
 within the Confederation, and such time for holding the first 
 and every other Session of Parliament as he may deem advisable, 
 and from time to time change or vary the same. 
 
 31. Whenever any Bill which has been passed by the Legis- 
 lative Council and House of Commons shall be presented for the 
 assent of Her Majesty to the Governor-General, he shall declare 
 according to his discretion, but subject, nevertheless, to the pro- 
 visions of this Act, and to such instructions as may from time 
 to time be given in that behalf by Her Majesty, that he assents 
 to such Bill in Her Majesty's name, or that he withholds sui-li 
 assent, or that he reserves the Bill for the signification of Her 
 Majesty's pleasure. 
 
 32. Xo Bill which shall be reserved for the signification of 
 Her Majesty's pleasure shall have any force or authority until 
 the Governor-General shall signify, either by speech or message 
 to the Legislative Council and House of Commons of the Con- 
 federation, or by proclamation, that such Bill has been laid be- 
 fore Her Majesty in Council, and that Her Majesty has been 
 pleased to assent to the same, and an entry shall be made in the 
 journals of the Legislative Council and House of Commons 
 respectively of every such message or speech, and a duplicate 
 thereof, duly attested, shall be delivered to the proper officer, to 
 be kept among the records of the Confederation, and no Bill 
 which shall be so reserved a^ aforesaid shall have any force or 
 authority unless Her Majesty's assent shall have been so signi- 
 fied as aforesaid within the sj^ace of two years from the day on 
 which such Bill sliall have been presented to the Governor- 
 General as aforesaid. 
 
 33. Whenever any Bill which shall have been presented for 
 the assent of Her Majesty to the Governor-General shall have 
 been assented to by him, he shall by the first convenient oppor- 
 tunity transmit an authentic copy thereof to one of Her Ma- 
 jesty's principal Secretaries of State. And Her Majesty may, 
 within two years after such Bill shall have been so received by 
 such Secretary of State, by Order in Council, declare the disal- 
 lowance of such Bill, and such disallowance, together with a 
 certificate under the hand and seal of such Secretary of State, 
 certifying the day on which such Bill was disallowed as afore- 
 
 POPE CON. —
 
 180 ROUGH DRAFT 
 
 said, being signified by the Governor-General to the Legislative 
 Council and House of Commons by speech or message or by pro- 
 clamation, shall make void and annul the same from and after 
 the day of such signification. 
 
 34. The Governor-General may disallow any Bill passed by 
 the Local Legislature within one year after the passing thereof, 
 and upon the proclamation thereof by the Governor it shall 
 become null and void ; and no Bill which shall be reserved by 
 the Governor for the consideration of the Governor-General 
 shall have any force or authority until the Governor-General 
 shall signify his assent thereto and proclamation thereof made 
 within the Province by the Governor of the Province for Vvliich 
 such Bill has been passed. 
 
 APPOINTMENT OF GOA^ERNORS, ETC. 
 
 35. The Governor-General may appoint Governors for the 
 respective Provinces, Judges and other ofiicers authorised by 
 Parliament, and also the Judges of the Superior and District 
 and County Courts in each Province. But the Judges of Lower 
 Canada shall be selected from the bar of that Province, and until 
 the consolidation of the laws of the other Provinces the Judges 
 of these Provinces shall be selected from their respective 
 benches or bars. 
 
 POWERS OF PARLL\MENT. 
 
 3(). The Parliament shall have power to make laws respect- 
 ing the following subjects : — 
 
 1. The Public Debt and Property-. 
 
 2. The Regulation of Trade and Commerce. 
 
 3. The raising of money by all or any mode or system of 
 
 Taxation. 
 
 4. The borrowing of money on the public credit. 
 
 5. Postal Service. 
 
 (■». Lines of Steam or other Ships, Railways, Canals, and 
 other works connecting any two or more of the Pro- 
 vinces together, or extending beyond the limits of any 
 Province. 
 
 7. Lines of Steamships between the Confederated Pro- 
 vinces and other countries.
 
 OF LONDON CONFERENCE. 181 
 
 8. Telegraphic Communication and the incorporation of 
 Telegraph Companies. 
 
 1). All such works as shall, although lying wholly within 
 any Province, be specially declared by the Acts 
 authorising them to be for the general advantage. 
 
 10. The Census and Statistics. 
 
 11. Militia — Military and Naval Service and Defence. 
 
 12. Beacons, Buoys, Light Houses, and Sable Island. 
 L"^). Navigation and Shipping. 
 
 14. Quarantine. 
 
 l.j. Sea Coast and Inland Fisheries. 
 
 1(). Ferries between any Province and a Foreign Country, 
 or between any two Provinces. 
 
 17. Currency and Coinage. 
 
 18. Banking — Incorporation of Banks and the issue of paper 
 
 money. 
 10. Savings Banks. 
 
 20. Weights and Measures. 
 
 21. Bills of Exchange and Promissory Notes. "' 
 
 22. Interest. 
 
 23. Legal Tender. 
 
 24. Bankruptcy and Insolvency. 
 
 25. Patents of Invention and Discovery. 
 20. Copy Rights. 
 
 27. Indians and Lands reserved for the Indians. 
 
 28. Naturalization and Aliens. 
 
 29. Marriage and Divorce. 
 
 .30. The Criminal Law, excepting the Constitution of Courts 
 of Criminal Jurisdiction but including the procedure 
 in Criminal matters. 
 
 ^1. The establishment, maintenance, and management of 
 Penitentiaries. 
 
 *^2. Rendering uniform all or any of the laws relative to 
 property and civil rights in Upper Canada, Nova 
 Scotia, and New Brunswick, and rendering uniform 
 the procedure of all or any of the Courts in these Pro- 
 vinces : but any Statute foi* this purpose shall have 
 no force or authority in anv Province until sanctioned
 
 132 ROUGH DRAFT 
 
 by the Legislature, and when so sanctioned the power 
 of amending-, altering, or repealing such laws shall 
 thenceforward be vested in the Parliament only. 
 
 33. Immigration. 
 
 34. Agriculture. 
 
 35. To establish a General Court of Appeal, and in order to 
 
 the due execution of the Laws of Parliament addi- 
 tional Courts when necessary. 
 
 36. To fix and provide for the salaries and allowances of the 
 
 Governors of the several Provinces, and of the Judges 
 and all other Officers of the Confederation, and of the 
 Judges of the Superior, and District, and County 
 Courts, and of the Admiralty Courts, in cases where 
 the Judges thereof are paid by salaries. 
 
 37. And also for the peace, w^elfare and good government 
 
 of the Confederation respecting all matters of a gen- 
 eral character, not specially and exclusively herein 
 reserved for the Legislatures ; and such laws shall 
 control and supersede any laws in any wise repugnant 
 thereto or inconsistent therewith which may have 
 been made prior thereto ; and any law made by any 
 Legislature in pursuance of the authority hereby con- 
 ferred upon it iu regard to matters and subjects in 
 which concurrent jurisdiction is hereby given to the 
 Parliament shall, so far as the same is repugnant to 
 or inconsistent with any Act passed by the Parlia- 
 ment, be null and void. 
 
 37. The Government of the Confederation and the Parlia- 
 ment shall have and exercise all powers necessary or proper for 
 the performance of the obligations of the Confederation as part 
 of the British Empire to Foreign Countries arising under trea- 
 ties between Great Britain and such countries. 
 
 LOCAL GOVERNMENTS. 
 
 38. For each of the Provinces there shall be an Executive 
 Officer styled tlie Governor, who shall be appointed by the 
 Crovernor-General under the Great Seal of the Confederation, to 
 hold office during pleasure, such pleasure, however, not to be 
 exercised before the expiration of five years from the date of his 
 appointment, except for cause to be communicated in writing to
 
 OF LONDON CONFERENCE. 133 
 
 the Goveruor immediately after the exercise of the pleasure as 
 aforesaid, and also by message to both Houses of Parliament 
 within the first week of the first Session thereafter, 
 
 89. The Governor, subject to the provisions of this Act and 
 any Act of Parliament, and of such instructions as he may from 
 time to time receive from the Governor-General, shall administer 
 the Government of the Province for which he is appointed upon 
 the principles of the British Constitution. He shall have power 
 from time to time to prorogue or dissolve the Legislature ; he 
 may reserve any Bill passed by the Legislature for the considera- 
 tion of the Governor-General, and may from time to time, except 
 in capital cases, reprieve or pardon prisoners convicted of crimes, 
 and commute and remit such sentences in whole or in part, which 
 belong of right to the Crown. 
 
 40. The Governor-General shall from time to time make pro- 
 vision for the administration of the Government of any Province, 
 during the temporary absence or other inability to discharge the 
 duties of his office of the Governor thereof from any cause. 
 
 41. The Local Government and Legislature of each Province 
 shall be constructed subject to the provisions of this Act in 
 such manner as the Legislature shall from time to time provide. 
 
 42. The Legislature shall have exclusive pow'er to make 
 laws respecting the following subjects, with the exception of 
 Agriculture and Immigration, in regard to w'hich Parliament 
 shall have concurrent jurisdiction : — 
 
 1. The altering and amending their constitution from time 
 
 to time. 
 
 2. Direct Taxation, and reserving to New Brunswick the 
 
 right to collect the lumber dues provided in Chapter 
 15, Title IIL of the Revised Statutes of that Province, 
 and any amendment thereof, made before or after this 
 Act comes into operation, which does not increase 
 the amount, but excepting therefrom the lumber of 
 any other Province. 
 
 8. Borrowing money on the credit of the Province, 
 
 4. The establishment and tenure of Local Offices, and the 
 
 appointment and payment of Local Officers. 
 
 5, Agriculture. 
 0. Immigration.
 
 134 ROUGH DRAFT 
 
 7. Education — saving the rights and privileges which the 
 
 Protestant or Roman Catholic minority in any Pro- 
 vince at the time when this Act came into operation. 
 And in any Province where a system of separate or 
 dissentient schools by law obtains, or where the 
 Legislature may thereafter adopt a system of separate 
 or dissentient schools, an appeal shall lie to the Gov- 
 ernor-General from the acts and decisions of the Local 
 Authorities which affect the rights and privileges of 
 the Protestant or Roman Catliolic minority in the 
 matter of education, and the Parliament shall have 
 iwwer, in the last resort, to legislate on the subject. 
 
 8. The sale and management of Public Lands, except Lands 
 
 owned by the General Government. 
 
 9. The establishment, maintenance, and management of 
 
 Public and Reformatory Prisons. 
 
 10. The establishment, maintenance, and management of 
 
 Hospitals, Asylums, Charities, and Eleemosynary In- 
 stitutions, except Marine Hospitals. 
 
 11. Municipal Institutions. 
 
 12. Shop, Saloon, Tavern, Auctioneer and other Licenses for 
 
 Local Revenue. 
 
 13. Local Works. 
 
 11. The incorporation of private or local companies, except 
 such as relate to matters assigned to the General Par- 
 liament. 
 
 15. Property and civil rights, including the solemnisation of 
 marriage, excepting those portions thereof assigned 
 to the General Parliament. 
 
 1(>. The infliction of punishment by fine, penalties, imprison- 
 ment, or otherwise for the breach of laws passed in 
 relation to any subject within their jurisdiction. 
 
 IT. The administration of justice, including the constitution, 
 nuiintenance, and organisation of the Courts — both of 
 Civil and Criminal Jurisdiction, and including also 
 the procedure in Civil Matters. 
 
 18. And genei-ally all matters of a private or local nature, 
 not assigned to the l*arliament.
 
 OF LONDON' CONFERENCE. 135 
 
 43. AH the powers, privileges, and duties conferred and im- 
 posed upon Roman Catholic separate schools, and school trustees 
 in Upper Canada, shall be extended to the Protestant and Roman 
 Catholic schools in Lower Canada. 
 
 MISCELLANEOUS. 
 
 44. Tlie English and Frencli lan^iages may both be em- 
 ployed in Parliament, and in its proceedings, and in the Legisla- 
 ture and Courts of Lower Canada, and also in the Courts of the 
 Confederation wliicli may be established under this Act. 
 
 45. For the purposes of this Act, Courts, Judges, and Officers 
 of the several Provinces shall be Courts, Judges and Officers of 
 the Confederation. 
 
 40. The Judges of the Superior Courts shall hold their offices 
 during good behaviour, and shall be removable on the address of 
 both Houses of Parliament, but not on the address of the Houses 
 of any of the Legislatures. 
 
 47. Xo lands or property of the Confederation or Local (rov- 
 ernment shall be liable to taxation. 
 
 48. All Bills for appropriating any part of the Public Rev- 
 enue, or for imposing any tax or imposts shall originate in the 
 House of Commons or the House of Assembly, as the case may be. 
 
 49. The House of Commons or House of Assembly shall not 
 originate or pass any vote, resolution, address, or bill, for the 
 appropriation of any part of the public revenue or of any tax 
 or impost, to any purpose not previously recommended by mes- 
 sage of the Governor-General, or the Governor, as the case may 
 be, during the Session in which such vote, resolution, address, or 
 bill is moved. 
 
 50. The seat of Government of the Confederation shall be 
 Ottawa, subject to the Royal prerogative. 
 
 51. Subject to any future action of the respective Local 
 Governments, the seat of the Local Government in Upper Can- 
 ada shall be Toronto, in Lower Canada, in Quebec ; and the seat 
 of the Local Government in the other Provinces shall be as at 
 present. 
 
 52. All stocks, cash, bankers' balances and securities for 
 money belonging to each Province at the time this Act comes
 
 13G ROUGH DRAFT 
 
 into operation, except as hereinafter mentioned, shall become the 
 property and assets of the Confederation. 
 
 53. The following works and property of each Province shall 
 become the property of the Confederation : — 
 
 1. Canals. 
 
 2. Public Harbours. 
 
 3. Lighthouses, Piers and Sable Island. 
 
 4. Steamboats, Dredges and Public Vessels. 
 
 5. River and Lake Improvements. 
 
 (). Railways and Railway Stocks, Mortgages and other 
 debts due by Railway Companies. 
 
 7. Military ro'ads. 
 
 8. Custom Houses, Post Offices, and all other public build- 
 
 ings, except such a« may be set aside by the Govern- 
 ment of the Confederation for the use of the Local 
 Governments and Legislatures. 
 0. Property transferred by the Imperial Government, and 
 
 known as Ordnance Property. 
 10. Armouries, Drill Sheds, Military Clothing and munitions 
 of war, and land set apart for general public pur- 
 poses. 
 
 54. All lands, mines, minerals and royalties vested in Her 
 Majesty in the several Provinces for the use of the Province, or 
 owned by any such Province, aaid all sums due therefor at the 
 time this Act comes into operation, shall be and continue to be 
 the property of the Province in which the same are or were sit- 
 uate respectively, subject to any trust or other interesit that may 
 exist in respect to- any such lands, and subject to the rights of the 
 Government of this Confederation to assume, upon equitable 
 terms, any land or public property required for fortifications or 
 the defence of the country, all public proi)erty therein. 
 
 55. All assets connected with such portions of the Public 
 Debt of any Province as are assumed by the Local Government, 
 shall continue to be the i)roperty of those Governments respec- 
 tively, not exceeding the amount of such assumptions. 
 
 56. When this Act comes into opei'ation, all the debts, liabili- 
 ties, agreements, and obligations of each Province shall become 
 the debts, liabilities, agreements, and obligations of the Con- 
 federation, except as hereinafter provided.
 
 OF LONDON CONFERENCE. 137 
 
 57. For the purposes of the Confederation the debt not speci- 
 ally assumed by each Province respectively, shall, for Canada, 
 not exceed the sum of |()L\500,0()0 ; Nova Scotia, |8,000,000 ; 
 and New Brunswick, |7,0U0,U00. 
 
 58. If any of the Provinces, at the time this Act comes into 
 operation, shall not have contracted debts equal to the amount 
 hereinbefore mentioned, such Province shall receive, by half- 
 yearly payments in advance from the Government of the Con- 
 federation, interest at the rate of five per centum on the differ- 
 ence between the actual amount of their respective debts, and 
 such stipulated amount until sucli debts shall have been so con- 
 tracted to such respective amounts ; but nothing herein con- 
 tained shall be construed to prevent any Province from increas- 
 ing the debt chargeable upon the Confederation at any time 
 until it reaches such amount. 
 
 59. In consideration of the trantsfer of the powers of taxa- 
 tion to the Parliament, the Government of the Confederation 
 shall annually pay to each Province, for local purposes, the fol- 
 lowing sums : — 
 
 Upper Canada |80,000 
 
 Lower Canada |70,000 
 
 Nova Scotia .fOO.OOO 
 
 New Brunswick 150,000 
 
 and also a sum equal to eighty cents per head of tlie population 
 as ascertained by the census of the year 1861 : and in the case of 
 Nova Scotia and New Brunswick, at the same rate per head as 
 ascertained by each subsequent decennial census, until the popu- 
 lation of each of these Provinces shall amount to four hundred 
 thousand. Such aid shall be paid half-yearly in advance, by 
 warrant of the Governor-General on the Treasury of the Con- 
 federation, in favour of the officer appointed in each Province 
 to receive the same, deducting from any such subsidy all sums 
 paid as interest on the Public Debt of any Province in excess of 
 the amount hereinbefore stipulated, and also in like manner 
 annually pay to the Pro\ince of New Brunswick the sum of 
 f (;:i,000 for the period of ten years. But so long as the liability of 
 that Province remains under |7,000,000 a deduction shall be 
 made therefrom equal to the interest on snch deficiency. 
 
 00. All engagements of any of the Provinces made with 
 the Imperial Government for the defence of the country shall be 
 fulfilled bv the Government of the Confederation.
 
 138 - ROUGH DRAFT 
 
 Gl. Quakers and Moravians may affirm in any case wliere an 
 oath is required. 
 
 02. All persons, bodies politic or corporate, acting under 
 any law in force at the time this Act comes into operation, 
 shall continue until others are appointed under the authority of 
 this Act, and all proceedings taken shall continue when 
 not inconsistent with the provisions of this Act, and 
 all penalties and forfeitures may be recovered in the 
 same manner as if this Act had not been passed ; and any 
 iict done, or any right of action which existed, or had accrued or 
 was accruing when this Act came into operation, shall not be 
 affected thereby, and any offence committed or penalty or for- 
 feitui-e incurred, or ix^iy proceeding; thereon or in relation thereto, 
 shall not be affected by the passing of this Act, and Judgment 
 may in all cases be pronounced thereafter, and all appointments 
 made, and bonds and securities given by any person or persons, 
 under the authority of any law in force at the time this Act 
 comes into operation , shall not be affected thereby. 
 
 03. When this Act comes into operation, and until provision 
 is made therefor b}' Parliament, all the officers of the several 
 Provinces having duties to discharge connected with the several 
 subjects with which Parliament is empowered to deal, shall 
 thenceforth be and become officers of the Confederation and con- 
 tinue to discharge the duties of their respective offices under the 
 same liabilities, responsibilities, and penalties as are provided 
 by the Acts under the authority of which they have been re- 
 spectively appointed, or they shall have respectively acted, and 
 all Judges and other officers in the several Provinces shall con- 
 tinue to discharge the duties of their respective offices in the 
 same manner in all respects, and subject to the same liabilities, 
 I'csponsibilities, and j)enalties as if this Act had not been passed, 
 and all laws in force in the several Provinces at the time this 
 Act comes into operation not inconsistent herewith, shall con- 
 tinue to be in force and authority within each Province until 
 they are altered, amende'd, or repealed under the authority of 
 this Act. 
 
 04. The first appointments of the Governors of the several 
 ProAdnces shall be provisional, and they shall hold office during 
 pleasure. The Governor-General of Canada and also the respec- 
 tive Governors or other officers administering the (xovernments 
 of the Pi'ovinces of Nova Scotia and New ]>runs\vick respectively,
 
 OF LONDON CONFERENCE. 1H9 
 
 in office at the time the Act comes into operation, shall be the 
 Governors of Upper and Lower Canada and of Nova Scotia and 
 New Brunswick respectively, and shall continue to exercise the 
 functions and discharge the duties of their respective offices sub- 
 ject to the proA'isious of this Act until a Grovermor shall be ap- 
 pointed for each Province, and shall receive the same pay and 
 allo^A■ances as tbey shall be then severally receiving ; and the 
 Government of Canada shall exercise the functions of the Gov- 
 ernments of Upper and Lower Canada respectively, and tlie 
 Governments of Nova Scotia and New Eruns\^'ick shall 
 continue to exercise the functions of the Governmtnits 
 of those Provinces res])ectively until Local Governments 
 are formed under the provisions of this Act. The Legis- 
 lature of New Brunswick shall continue for tlie period for which 
 it was elected, unless sooner dissolved, and the Constitution of 
 the said Province, and of Nova Scotia, shall continue as now 
 established, subject to the provisions of this Act until altered or 
 amended under the authority of this Act. 
 
 05. Until otherwise provided, the Province of Nova Scoitia, 
 for the purposes of the electiou of Members to serve in Parlia- 
 ment, is liereby divided into eighteen electoiral districts, of which 
 the county of Halifax, iucluding tlie City of Halifax, shall be one, 
 and shall be entitled to elect two Members, and each of the other 
 seventeen counties into which the Province is divided, is hereby 
 constituted an electoral district, and shall be entitled to elect 
 one ^lember. 
 
 <]G. Unless otherwise provided by the Legislature, for the 
 purpose of the first election of Members to serve in the first 
 Parliament, each of the counties into which the Province of New 
 Brunswick is divided, aud the City of Saint John, shall con- 
 stitute an electoral district, and be respectively entitled to elect 
 a Member. 
 
 INTERPRETATION. 
 
 ()7. In the construction of this Act the following rules shall 
 be observed with respect to the following terms, unless other- 
 wise expressly provided for, or suctli construction would be in- 
 consistent with the manifest intention of the Act, or repugnant 
 to the context — that is to say : — 
 
 Her Majesty or the Queen sliall include Her Heirs and Suc- 
 cessors.
 
 140 KOUGH DRAFT OF LONDON CONFERENCE. 
 
 Crovernor-General shall include the Chief Executive OflScer 
 or other Administrator of the Grovernment for the time being 
 appointed by Her Majesty, by whatever name designated, and 
 when any act is herein required to be done by the Governor- 
 General, it shall be meant and intended that such act shall be 
 done by and with the advice and consent of the Executive Coun- 
 cil of the Confederation. 
 
 Legislature shall mean the Local Legislature of any Province 
 before or after this Act comes into operation. 
 
 Governor shall include Administrator of the Government of 
 a.ny Province for the time being, and whenever any act is herein 
 required to be done by the Govemoir, it shall be meant and in- 
 tended that such act shall be done by and with the ad\ice and 
 consent of the Executive Council of the Province. 
 
 Parliament shall mean the Parliament of the Confederation. 
 
 Person may include any body corporate, company or society 
 not corpoi'aite. 
 
 Every word importing the singular number may extend to 
 several persons or things as well as to one person or thing ; and 
 importing the plural number to one person or thing, as well as 
 to several persons or things ; and importing the masculine 
 gender, to females as well as males. 
 
 REPEALING. 
 
 G8. 
 and all other Acts and parts of Acts inconsistent herewith or 
 repugnant hereto shall be and are hereby repealed when this 
 Act comes into operation.
 
 Confidential. Revise, 23 Jan. ISGT. 
 
 BritisJi North Anierua. 
 
 D E AF T 
 
 OF A 
 
 BILL 
 
 FOR 
 
 The Union of the British jN"oith American 
 Colonies, and for Government of the United 
 Colony. 
 
 [Qii. 'whether to say the Eastern B. I\\ A. Colonies. \ 
 
 WHEREAS the Union of the British North American 
 Colonies for Purposes of Government and Legis- 
 lation would be attended with great Benefits to the 
 Colonies and be conducive to the Interests of the United 
 Kingdom : 
 
 Be it therefore enacted by the Queen's most Excel- 
 lent Majesty, by and with the Advice and Consent of the 
 Lords Spiritual and Temporal, and Commons, in this pre- 
 sent Parliament assembled, and by the authority of the 
 same, as follows : 
 
 Frelirninarjj. 
 
 1. This Act may be cited as the British North ShortTitle 
 America Act, 1867. 
 
 [Here would foil oiv : 
 
 1. Any Interpretation Clause that inay be 
 
 necessary. 
 
 2. Clause repealiwj Imperial and Colonial 
 
 Acts, if necessary.] 
 
 Union. 
 
 2. It shall be lawful for Her Majesty, at an}' Time Deciara- 
 not later than , by Letters Patent under Univn.
 
 142 FIRST DRAFT OF A BILL 
 
 the Great Seal of the United Kino-dom, to declare the 
 ITnion of the Colonies of Canada, Nova. Scotia, and New 
 Brunswick into One Colony, witli such name as Her 
 Majesty thinks fit. 
 
 Prociama- ;>. The Governor-Geueral of British North America 
 
 tion m 
 
 Canada, shall, within after Receipt by him of the 
 
 Letters Patent declaring the Union, proclaim the same 
 by Publication thereof in the Government Gazette of 
 Canada, and thereupon the Union shall have full Effect, 
 and the said Three Colonies shall thenceforth form and 
 be One Colony. 
 
 [QiL as to Mode of Prodmnation.] 
 
 Provinces of United Colony. 
 
 Division 4. The United Colony shall be comj)osed of Four 
 
 Provinces. Provinces, namely, — Upper Canada, Lower Canada, Nova 
 Scotia, and New Brunswick, each thereof having^ the same 
 Limits as it has immediately before the Union. 
 
 Governor General. 
 
 Generaiof ^- "^'kero sha.ll be one Governor-General for the 
 
 United T'nited Colony, appointed from Time to Time by Her 
 
 Colony. I ' i J. 
 
 ^lajesty, Her Heirs and Successors, by Letters Patent 
 under the (jtreat Seal of the United Kingdom. 
 
 Executive (J. The Governor-Geueral of the United Colony may, 
 
 by Instrument under the Great Seal of the United Col- 
 ony, constitute an Executive Council, and from Time to 
 Time appoint and remove JNIembers thereof. 
 
 [The Resolutions say noticing of an Executive Council.] 
 
 Conniiand- 7. The CommandiuChief of all Armed Forces 
 
 of Armed raised in the United Colony, or in any Province, for Ser- 
 Force.s. ^.-^^ j^^ Land or by Water, shall be vested in Her Majesty, 
 Her Heirs and Successors. 
 
 Genercd Legislature. 
 
 Siia^ "^ ''^' T'l^i't' «^i'*'l ^>t^ ^<^'i' the T 'uited Colony Two Houses 
 
 nientof of Parliament stvled the Legislative Council and the 
 
 United _ . „ . , 
 
 Colony. House of (.ommons.
 
 FOR UNION OF B. N. A. COLONIES. 14o 
 
 Legislat i ve Conn oil. 
 
 9. In the Legislative Council the Four Provinces Constitu- 
 shall be represented as follows, namely, — there shall be Le^isia- 
 for Upper Canada Twenty-f onr ^lembers, for Lower Can- *'.p Coun- 
 ada Twenty-four Members, for Nova Scotia Twelve Mem- 
 bers, and for New Brunswick Twelve Mem'bers. 
 
 10. The First Members of the Legislative Council First Leg- 
 shall be the Persons named in the Schedule to tliis Act Council 
 who shall be deemed respectively to represent the Pro- y^hedlile^ 
 vince in connexion with which they are named ; and the 
 Representatives of Lower Canada shall be deemed also 
 respectively to represent the Division in connexion with 
 
 wliich they are named. 
 
 11. A Member of the Leiiislative Council may, by Resigna- 
 Wririn.!,^ under his Hand delivered to the Governor-Gen- gg"^*^ 
 eral, resign his Seat, 
 
 12. All the First Members of the Legislative Council Tenure of 
 shall, subject to the Provisions of this Act, hold their y^^^l "^ 
 Seats for Ten Years from the Union. Member... 
 
 i:>. From and after the end of Ten Years from the Rotation 
 Union Members of the Legislative Council shall retire J^^^^""" 
 from it according to the following rotation : 
 
 (1) At the End of each Year from the Commence- 
 
 ment of the Rotation Three of the Represen- 
 tatives of LTpper Canada and Three of the 
 Representatives of Lower. Canada shall re- 
 tire : 
 
 (2) At the end of the First, the Third, the Fifth, 
 
 and the Seventh Year from the Commence- 
 jnent of the Rotation Two of the Representa- 
 tives of Nova Scotia and one of the Repre- 
 sentatives of Xew Brunswick, and at the End 
 of the Second, the Fourth, the Sixth, and the 
 Eighth Year from the Commencement of the 
 Rotation One of the Representatives of Nova 
 Scotia, and Two of the Representatives of 
 New Brunswick shall retire :
 
 144 FIRST DRAFT OF A BILL 
 
 (3) For the first Seven Years from the Commence- 
 
 ment of the Rotation the Representatives to 
 retire shall be determined by Lot : 
 
 [Qii. Hoiu Lots to be draivn ; hy Sj^eaker of Legis- 
 lative Council ?] 
 
 (4) From and after the Expiration of Ei<>ht Years 
 
 from the Commencement of the Rotation, tlie 
 Representatives to retire shall be such as 
 have for the Time being' loujiest held their 
 Seats, 
 
 for^Re-*^ 14. A JNIember of the Le<;islative Council retirinjj by 
 
 appoint- Rotation shall be capable of Re-appointment. 
 
 ment. 
 
 Disqualifi- 15. The Seat of a Member of the Legislative Council, 
 
 firstai^l t'ither named in the Schedule toi this Act or appointed 
 subsequent under this Act. shall become vacant in anv of tlie follow- 
 
 Members. . 
 
 ing Cases : — 
 
 (1) If for Two consecutive Sessions of Parliament 
 
 he fails to give his attendance in the Legis- 
 lative Council witliout Leave of Absence 
 gTanted by Her Majesty or the Governor- 
 General, and signified by the Governor-Gen- 
 eral to the Legislative Council : 
 
 (2) If he takes an Oath or makes a Declaration or 
 
 Acknowledgment of Allegiance, Obedience, 
 or Adherence to a Foreign Power, or does an 
 Act whereby he becomes a Subject or Citizen, 
 or entitled to the Rights or Privileges of a 
 Subject or Citizen, of a Foreign Power : 
 
 (3) If he is adjudged Bankrupt oi' Insolvent, or 
 
 applies for the Benefit of any Law relating to 
 Insolvent Debtors, or becomes a public De- 
 faulter : 
 
 (4) If he is attainted of Treason or convicted of 
 
 Felony or of any infamous Crime : 
 
 (5) If he ceases to be qualified in respect of Pro- 
 
 perty or of Residence ; provided, that a 
 Member shall not be deemed to have cea.sed 
 to be qualified in respct of Residence by rea-
 
 FIRST DRAFT OF BILL. 145 
 
 son only of his residing at tiie Seat of Gov- 
 ernment while holdinj^ an Office requiring his 
 Presence there. 
 
 16. When a Vacancy happens in the Legislative Qualifica- 
 Council by Retirement by Rotation, Resignation, Death, sXsequent 
 or otherwise, the Governor-General of the United Colony J'^lembers. 
 shall, by Instrument under the Great Seal of the United 
 Colony, appoint to fill the Vacancy a fit Person qualified 
 
 as follows, namely, — 
 
 (1) Being a British Subject by Birth or by Natu- 
 
 ralization : 
 
 (2) Being of the Age of Thirty Years or upwards : 
 
 (3) Possessing Real Property in the Province of 
 
 which, he is appointed a Representative, of 
 the clear value of Four thousand Dollars or 
 upwards, above all incumbrances : 
 
 (4) Being resident in that Province : 
 
 (5) In the case of Lower Canada either possessing 
 
 his Property Qualification in the Division of 
 which he is appointed Representative or 
 being resident therein. 
 
 17. Except in case of Retirement by Rotation a Per- Duration 
 son appointed to fill a Vacancy in the Legislative Council men't on 
 shall liold the seat as long only as the Person vacating the ^ancy ^ 
 same would have been entitled to hold it. 
 
 18. If before the L^nion anv Person named in the Casual 
 
 Vacancies 
 
 Schedule to this Act declares, by Writing under his hand before 
 delivered to the Governor-General of British North 
 America, his refusal to act as a Member of the Legisla- 
 tive Council, or dies, or ceases to be qualified in respect 
 of Property or of Residence, the Governor-General, by 
 Instrument under the Great Seal of Canada, shall appoint 
 to be a Member of the Legislative Council in his Stead 
 a fit Person who would be qualified to be so appointed 
 after the Union, and if Her Majesty thinks fit to confirm 
 such Instrument by Warrant under Her Royal Sign 
 Manual, the Person so appointed shall thereby become 
 
 POPE CON. — 10
 
 146 FIRST DRAFT OF BILL 
 
 a Member of the Legislative Oouucil, and sliall be in the 
 same Position with respect of Tenure of OflBce and otlier- 
 wise, as if he had been named in the Schedule to this 
 Act. 
 
 Questions 19. If any Question arises respecting a Vacancy 
 
 Vacancies. ^ the Legislative Council, the same shall be referred by 
 
 the Governor-General to the Legislative Council, and 
 
 shall be heard and determined by them. 
 
 Speaker of 20. Subject to the Provisions of any Act of the Par- 
 
 tivrcouu- liament of the L^nited Colony, the Governor-General of 
 ^'■^- the United Colony' may from Time to Time, by Instru- 
 
 ment under the Great Seal of the United Colony, appoint 
 a Member of the Legislative Council to be Speaker there- 
 of, and may remove him and appoint another Member in 
 his Stead. 
 
 Quorum of 21. Subject to the Provisions of any Act of the Par- 
 
 tive Coun- liament of the LTnited Colony, the Presence of at least 
 
 Fifteen Members of the Legislative Council, including 
 
 the Speaker, shall be necessary to constitute a Meeting 
 
 for the Exei'cise of its Powers. 
 
 Voting in 22. Questions arising in the Legislative Council shall 
 
 tive Coun- be decided by a Majority of Voices, and when the Voices 
 ^^^' are equal, but not otherwise, the Speaker shall have a 
 
 Vote. 
 
 House of Commons. 
 
 'Constitu- 23. In the House of Commons the Four Provinces 
 
 Hmse f ^^^^^^> subject to the Provisions of this Act, be repre- 
 Commons. seutcd as follows, — namely, there shall be for Upper Can- 
 ada Eighty-two Members, for Lower Canada Sixty-five 
 Members, for Xova Scotia Nineteen Members, and for 
 New Brunswick Fifteen Members. 
 
 [The Regulation of Constituencies is to he provided 
 for ; there is no Provision on the Subject in the 
 Amended Resolutions. Nos. 23, 24 of the Quebec 
 Resolutions related to the subject, but they would 
 not have operated until after the Union. 
 
 Provisions ivill also be required as to Quorum, 
 Election of Speaker, and his Vote.
 
 FIRST DRAFT OF BILL. 147 
 
 Qa. Oath of Allegiance to he taken by every Member 
 of either House.] 
 
 24. Subject to the Provisions of anv Act of the Par- Continu- 
 ance of 
 liament of the United Colony, all LaAvs in force in the existing- 
 
 several ProWnces at the Union relative to the following j^j^^^^l"'^ 
 Matters or any of them, namely, — the Qualifications and 
 Disqualifications of Persons to be elected or to sit or vote 
 as Members of the Assembly or Lower House in the re- 
 spective Provinces, the Voters at Elections of such Mem- 
 bers, the Oaths to be taken by Voters, the Returning 
 Officers, their Powers and Duties, the Proceedings at 
 Elections, the Periods during which Elections may be 
 continued, [the Trial of Controverted Elections, and Pro- 
 ceedings incident thereto, the vacating of Seats of Mem- 
 bers, and the issuing and Execution of new Writs in case 
 of Seats vacated otherwise than by Dissolution,] — shall 
 respectively apply to- Elections of Members to serve in 
 the House of Commons of the United Colony for Places 
 situate in the respective Provinces. 
 
 [This follows No. 25 of the Amended Resolutions, 
 and Sect. 27 of the Canada. Union Act o/ 1840 ; but 
 qu. as to tlte Propriety of tJie ivords in Brackets.] 
 
 25. On the Completion of the Official Census of the Decennial 
 Population of the United Colony in the Year One thou-mentof 
 sand eight hundred and seventy-one, and of each subse- ^^-^J^l"'"" 
 quent decennial Census, the Representation of the Four 
 Provinces shall be re-adjusted by such Authority, in such 
 Manner, and from such Time, as any Act of the Parlia- 
 ment of the United Colony from Time to Time directs, 
 according to the following Rules : — 
 
 [Qu. the Re-ad justnient to be made by an independent 
 Authority, as some of the Judges, to be specified in 
 the Imperial Act.] 
 
 (1) Lower Canada shall have the fixed Number of 
 
 Sixty-five Representatives : 
 
 (2) There shall be assigned to each of the other 
 
 Pro\inces such a Number of Representatives 
 as will bear the same Proportion to the Num-
 
 148 FIRST DRAFT OF BILL 
 
 ber of its Population (ascertained at such 
 Census) as the Number Sixty-five bears to- 
 the Number of the Population of Lower Can- 
 ada (so ascertained) : 
 
 (3) In the Computation of the Number of Repre- 
 
 sentatives for a Province a fractional Part 
 less than One Half of the whole Number re- 
 quisite for entitling the Province to a Repre- 
 sentative shall be disregarded ; but a frac- 
 tional Part exceeding One Half of that Num- 
 bei" shall be equivalent to the whole Number: 
 
 (4) On any such Re-adjustment the Number of 
 
 Representatives of a Province shall not be 
 reduced unless the Proportion which the 
 Number of the Population of the Province 
 bore to the Number of the aggregate Popula- 
 tion of the -United Colony at the then last 
 preceding Re-adjustment of the Number of 
 Representatives of the Province is ascer- 
 tained at the then last Census to be dimin- 
 ished by One Twentieth Part or upwards. 
 
 Increase 20. The Number of Members of the House of Com- 
 
 of Number j^ons mav be from Time to Time increased bv Act of the 
 
 of House ' * 
 
 of Com- Parliament of the United Colonj^ provided the propor- 
 tionate Representation of the several Provinces pre- 
 scribed by this Act is not thereby disturbed. 
 
 Duration oj. Evcry House of Commons shall continue for Five 
 
 of House of 
 
 Commons. Years from the Day of the Return of the Writs for choos- 
 ing tlie House (subject to be sooner dissolved by the Gov- 
 ernor-General), and no longer. 
 
 Money. 
 
 Appropria- 28. Bills for appropriating any Part of the Public 
 
 Tax Bills. Revenue of the United Colony, or for imposing any Tax 
 or Impost, shall originate in the House of Commons, 
 
 Recom- 29. It shall not be lawful for the House of Commons 
 
 mendation , -rTi-r»,. ^ -, -, tth 
 
 of Money to adopt or pass any v ote, Resolution, Address, or Bill 
 
 Votes. ^^^ ^-^^ Appropriation of any Part of the Public Revenue, 
 
 or of any Tax or Impost, to any purpose that has not been
 
 FIRST DRAFT OF EILL. * 149 
 
 first recommended to that House by Message of the Gov- 
 ernor-General in the Session in which such Vote, Resolu- 
 tion, Address, or IJill is proposed to be adopted or passed. 
 
 Royal Assent, cC-f. 
 
 30. Where a Bill passed by the Houses of Parliament Royal As- 
 of the United Colony is presented to tlie Governor-Gen- jf^f^'^'^^. 
 eral of the United Colony for Her Majesty's Assent, he 
 
 shall declare according to his Discretion, but subject to 
 the Pro\'isi()ns of this Act and to Her Majesty's Instruc- 
 tions, either that he assents thereto in Her Majesty's 
 Name, or that he withholds Her Majesty's Assent, or that 
 he reserves the P>ill for the Signification of Her Majesty's 
 Pleasure. 
 
 31. Where the (fovernor-Cjeneral assents to a Bill iuj^jgaHo^. 
 Her Majestv's Name, he shall bv the First convenient fiL^'l^ ^y 
 
 ' Order m 
 
 Opportunity send an authentic Copy of the Act to One of Council of 
 Her Majesty's Principal Secretaries of State, and if Herggnted to 
 Majesty in Council within Two Years after Receipt ^y G^over- 
 thereof by tlie Secretary of State thinks fit to disallow 
 the Act, such Disallowance (with a Certificate of the 
 Secretary of State of the Day on which the Act was re- 
 ceived by him) being signified by the Governor-General, 
 by Speech or Message to the Houses of Parliament of the 
 United Colony or by Proclamatiion, shall annul the Act 
 from and after the Day of such Signification. 
 
 32. A Bill reserved for the Signification of Her Ma- Si^ificn- 
 jesty's Pleasure shall not have any Force unless and un- pj^" g^^^e 
 til within Two Years from the Dav on which it was pre- «" Bill 
 
 reserved. 
 
 sented to the Governor-General for Her Majesty s Assent, 
 tlie Governor-General signifies, by Speech or Message to 
 each of the Houses of Parliament of the United Colony or 
 by Proclamation, that it has received the Assent of Her 
 Majesty in Council. 
 
 An entry of every such Speech. ]\Iessage, or Procla- 
 mation shall be made in the Journal of each House, and 
 a Duplicate thereof duly attested shall be delivered to 
 the proper Officer to be kept among the Records of the 
 United Colony.
 
 150 FIRST DRAFT OF BILL 
 
 Annual Session. 
 
 Yearly 
 
 Session of 33. There shall be a Session of the Parliament of the 
 
 ment United Colony once at least in every Year, so that a 
 
 Period of Twelve Months sliall not intervene between 
 
 the last Sitting of the Parliament in one Session and the 
 
 first Sitting thereof in the next Session. 
 
 Superintendents of Provinces. 
 
 teifdentsof ^^- ^^^' ^^^'^^ Province there shall be an Oificer^ 
 Provinces, stvled the Superintendent, appointed by the G-overnor- 
 
 General in Council, by an Instrument under the Great 
 
 Seal of the United Colony. 
 
 T«iurenf 35, X Superintendent shall hold Office during the 
 
 Office of ^ *^ 
 
 .Sui)enn- Pleasure of the Governor-General in Council, but any 
 en ent. Superintendent appointed after the Commencement of 
 the first Session of the Parliament of the United Colony 
 ifter the Union shall not be removable within Fiv< 
 Years from his Appointment, except for Cause assigned,, 
 which shall be communicated to him in Writing within 
 after the Order for his Removal is made, 
 and shall be communicated by Message to each of the 
 Houses of Parliament of the United Colony within One 
 Week thereafter if the Parliament is then sitting, and if 
 not then within One Week after the Commencement 
 of the next Sitting of the Parliament. 
 
 Salaries of 86. The Salaries of the Superintendents shall be 
 
 ten^^ents. fixed and provided by Act of I'arliament of the United 
 Colony. 
 
 [The first Superintendents will have no Salaries fixed 
 till such an Act is passed. 
 
 Here will folloiv Constitutions of Provincial Assem- 
 blies ; see Note at End of Draft] 
 
 Distribution of Legislative Poivers. 
 
 Subjects of 37. In each Province the Superintendent may, by 
 Pro^ncTal and with the Advice and Consent of the Provincial As- 
 tio?^^ sembly, make Ordinances in relation to Matters coming 
 within the Classes of Subjects next hereinafter enumer- 
 ated, which Ordinances exclusively (subject to the Provi-
 
 FIRST DRAFT OF BILL. 151 
 
 sions of this Act) shall in relation to those Matters have 
 the Force of Law in and for the I'rovince, that is to say, — 
 
 (1) The Amendment from Time to Time of the 
 
 Oonstitntion of the House or Houses of the 
 I'rovincial Assembly : 
 
 (2) Direct Taxation within the Province in order 
 
 to the raising;: of a Revenue for Provincial 
 Purposes, iududiuf:,- in the case of New Bruns- 
 wick the levying, by the Mode and to the 
 Extent (if any) established by Law at the 
 Union, Dues on Timber, not bein^ the Pro- 
 duce of any of the I*ro\inces other than New 
 Brunswick : 
 
 (3) The borrowing' of Money on the sole Credit of 
 
 the Province for Provincial Purposes : 
 
 (4) The Establishment «nd Tenure of Provincial 
 
 Offices and the Appointment and Payment 
 of l*ro^■iucial Officers : 
 
 (5) The Management and Sale of the Public Lands 
 
 belonging to the Province : 
 (G) The Establishment, Maintenance, and Manage- 
 ment of Public and Reformiitory I*risous in 
 and for the Province : 
 
 (7) Tlie Establishment, Maintenance, and Manage- 
 
 ment of Hospitals, Asylums, Charities, and 
 Eleemosynary Institutions in and for the 
 Province (other than ]\Iarine Hospitals) : 
 
 (8) Municipal Institutions in the Province : 
 
 (9) Shop, Saloon, Tavern, Auctioneer and other 
 
 Licenses in order to the raising of a Revenue 
 
 for Provincial Purposes : 
 (10) Local Works and riidertakings otiit'r than 
 
 such as are of the following Classes : 
 
 (a) Lines of Steam or other Ships, Rail- 
 ways, Canals, Telegraphs, and other 
 Works and Undertakings connecting 
 the Province with any other or others 
 of the Provinces, or extending beyond 
 the Limits of the Province :
 
 152 FIRST DRAFT OF BILL 
 
 (b) Lines of Steam Ships between tlie 
 Pro\ince and any Britisli or Foreign 
 Goiintrv : 
 
 (c) Ferries between tlie Provmce and any 
 other or others of the Provinces or b^ 
 tween the Province and any British fr 
 
 : Foreign Country : 
 
 (d) Such Works as, although situate wit?iin 
 the Province, are before or after tieir 
 Execution declared by Act of the (Par- 
 liament of the United Colony to U for 
 the g-eneral Advantage of the UJiited 
 Colony or for the Advantage of/ Tvro 
 
 or more of the Provinces : I 
 
 \ 
 
 (11) The Incorporation of Companies with exch^ 
 
 sively Pronncial Objects : \ 
 
 (12) The Solemnization of Marriage in the Province \ 
 
 (13) Property and Ciril Eights in the Province : 
 
 (14) The Administraition of Justice in the Province, 
 
 including the Constitution. Maintenance, and 
 Organization of Pronncial Courts, both of 
 Civil and of Criminal Jurisdiction, and in- 
 cluding Procedure in Cinl Matters in those 
 Courts : 
 
 (15) The Imposition of Punishment by Fine, Penalty, 
 
 or Imprisonment for enforcing an}' Provincial 
 Ordinance made in relation to any Matter 
 coming witliin any of the Classes of Subjects 
 enumerated in this Section : 
 
 (IG) Such other Classes of Subjects (if any) as are 
 from Time to Time added to the Enumeration 
 in this Section by any Act of the Parliament 
 of the I'nited Colony. 
 
 Lcgisla- 38. It shall be la%\ful for Her Majesty, Her Heirs 
 
 thoHtV of '^^^ Successors, by and with the Advice and Consent of 
 
 Pariia- the Houses of Parliament of the United Colony, to make 
 
 Un'ited laws for the Peace, Order, and good Government of the 
 
 Colony, uuit^^j Colony and of the several Provinces, in relation
 
 FIRST DRAFT OF BILL. 153 
 
 to all Matters not coiniuj;- within the Classes of Subjects 
 by this Act assigned exclusively to Provincial Legisla- 
 tion ; and for greater Certainty, but not so as to restrict 
 the Cieuerality of the foregoing Terms of this Section, 
 it is hereby declared that the Legislative Authority of 
 the Parliament of the United Colony extends to all Mat- 
 ters coming within the Classes of Subjects next herein 
 after enumerated ; that is to say, — 
 
 1. Th.^ riililic Debt and Property. 
 
 2. The Regulation of Trade and Commerce. 
 
 3. The raising- of Money b}' any Mode or System 
 
 of Taxation. 
 
 4. The borrowing of Money on the Public Credit. 
 
 5. Postal Service. 
 
 G. The Census and Statistics. 
 
 7. Militia. Military and Naval Service, and De- 
 
 fence. 
 
 8. Beacons, Buo3's, Lighthouses, and Sable Island. 
 
 9. Navigation and Shipping. 
 
 10. Quarantine. 
 
 11. Sea Coast and Inland Fisheries. 
 
 12. Currency and Coinage. 
 
 13. Banking, Incorporation of F.anks, and the Issu.^ 
 
 of Paper Money. 
 
 14. Savings Banks. 
 
 15. Weights and Measures. 
 
 10. Bills of Exchange and Promissory Notes. 
 
 17. Interest. 
 
 18. Legal Tender. 
 
 19. Bankruptcy and Insolvency. 
 
 20. Patents of Invention and Discovery. 
 
 21. Copyrights. 
 
 22. Indians, and Lands reserved for the Indians. 
 
 23. Naturalization and Aliens. 
 
 24. Marriage and Divorce.
 
 154 FIRST DRAFT OF BH^L 
 
 25. The Criminal Law, except the Constitution of 
 
 Courts of CriniiDal Jurisdiction, but includ- 
 ing the Procedure in Criminal Matters. 
 
 26. The Establishment, Maintenance, and Manage- 
 
 ment of Penitentiaries. 
 
 27. Such Classes of Subjects as are by this Act 
 
 expressly excepted in the Enumeration of 
 the Classes of Subjects by this Act assigned 
 exclusively to Provincial Legislation. 
 And any Matter coming within any of the Classes of Sub- 
 jects enumerated in this Section shall not be deemed to 
 come within the Subject of Property and Civil Rights 
 comprised in the enumeration of the Classes of Subjects 
 by this Act assigned exclusively to Provincial Legisla- 
 tion. 
 
 Legisia- 30. In each Province the Superintendent may, by 
 
 pecting '^^^^ with the Advice and Consent of the Provincial As- 
 Education. sembly, make Ordinances in relation to Education in the 
 Province, subject and according to the following Provi- 
 sions : 
 
 (1) Nothing in any such Ordinance shall prejiidici- 
 
 ally affect any Right or Privilege with re- 
 spect to Denominational Schoolsi which any 
 Class of Persons have by Law in the Province 
 at the Union : 
 
 (2) All the Powers, Privileges, and Duties for the 
 
 Time being by Law conferred and imposed 
 in Upper Canada on the Separate Schools 
 and School Trustees of Her Majesty's Roman 
 ('atholic Subjects shall from Time to Time 
 be extended to the Schools of Her Majesty's. 
 Protestant and Roman Catholic Dissentient 
 Subjects in Lower Canada : 
 
 (3) Where in any Province a S\'stem of Separate 
 
 or Dissentient Schools for the Time being- 
 exists by Law, an Appeal shall lie to the 
 Governor-Gcnicral in Council from any Act 
 or Decision of any Provincial Authority af- 
 fecting any Right or Privilege of any Class 
 of Persons in relation to Education :
 
 FIRST DRAFT OF BILL. 155 
 
 (4) In case any such rroviucial Ordinanco as from 
 Time to Time seems to the Governor-General 
 in Council requisite for the due Execution of 
 the Provisions of this Seotion is not made, 
 or in case any Decision of the Governor-Gen- 
 eral in Council on any Appeal under this sec- 
 tion is not duly executed by the proper Pro- 
 ^^ncial Authoiity in that Behalf, then and in 
 every sucli Case, and as far as the Circum- 
 stances of each Case re(piire, the IV)wer of 
 the Parliament of the United Colony to make 
 Laws in relation to Education shall, notwith- 
 standin*;' anything- in this Act, be unre- 
 stricted. 
 
 40. Notwithstandinj;- anything' in this Act, any jLegisia- 
 Act of the Parliament of the United Colony may wuikt" xjn'ifS 
 Pro\ision for the Uniformity of all or any of the Lawsmityof 
 relative to Property and Civil, Rights in Upper Can- Three 
 ada, Nova ^^cotia, and New Brunswick, and of the Pi-q. ^•■°^''"^^«* 
 cedure of all or any of the Courts in those Three Pro- 
 vinces, and thenceforth the power of the Parliament of 
 
 the United Colony to make Laws in relation to any Mat- 
 ter comprised in any such Act shall, notwithstanding 
 anything in this Act, be unrestricted ; but any Act of 
 the Parliament of the United Colony making Provision 
 for such Uniformity shall not have effect in any I'rovince 
 unless and until it is approved and adopted by the House 
 or Houses of the Provincial Assembly thereof by Address 
 to the Governor-General of the United Colon3^ 
 
 41. Any Act of the Parliament of the United Colony General 
 may, notwithstanding anything in this Act, from Time to Appeal. 
 Time provide for the Constitution, Maintenance, and Or- 
 ganization of a General Conrt of Appeal for the United 
 Colony. 
 
 42. Notwithstanding anvthiug in this Act, anv ActConcur- 
 of the Parliament of the United Colony may from Timoersof Leg- 
 to Time make I'rovision in relation to Agriculture in iiH toVgrl-'*'' 
 or any of the Provinces, or in relation to Immigration cujl^^re 
 into all or any of the Provinces, and in each I'rovince migration. 
 Provincial Ordinances may make provision in relation
 
 156 FIRST DRAFT OF BILL 
 
 to Agriculture in the ProTince or Immigration into the 
 Province ; but any such Provincial Ordinance shall have 
 the Force of Law in and for the Province as long and as 
 far only as it is not repugnant to any Act of the Parlia- 
 ment of the United Colony. 
 
 Lai7(jii(i(je. 
 
 EnM?fh ^'^' Either the English or the French Language may 
 
 andFrench be used by any Person in the Debates of the Houses of 
 Parliament of the LTnited Colony, and of the Houses of 
 the Provincial Assembly of Lower Canada, and either 
 or both of those Languages may 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 the 
 United Colony, and in or from all or any of the Provincial 
 Courts of Lower Canada. 
 
 [Qii. tvhether, as to Courts of the United Colony, this 
 should not be confined to such of those Courts as 
 sit in Lower Canada.] 
 
 Newfoundland and Prince Ednard Island.. 
 
 Admissicn 44. It shall be lawful for Her Majesty in Council, on 
 
 Colonies. Addresses from the Houses of the Parliament of the 
 United Colony, and from the Houses of the Legislature 
 of the Colony of Newfoundland or of the Colony of Prince 
 Edward Island, to admit the Colony of Newfoundland or 
 the Colony of Prince Edward Island (as the case may be), 
 into the Union on the Terms and Conditions in the Ad- 
 dresses expressed ; and the Provisions of anV Order in 
 Council in that Behalf shall have Effect as if they had 
 been enacted in this Act.
 
 FIRST DRAFT OF BILL. 157 
 
 THE SCHEDULE. 
 
 First Meiubeis of the Lej.nslative Council of United 
 
 Colony. 
 
 1. Upper Canada, 
 
 2. Lower Canada, 
 [^pecifyin.i; the Twenty-four Divisions.] 
 
 :\. Nova Scotia. 
 4. New Brunswick. 
 
 [No. ;iO of the Am.'uded Kesolutions (Powers and Privi- 
 leiies of the Houses) may be provided for by Col- 
 onial Legislation. 
 
 Nos. 31-7 (Courts, Judges, etc.) might be left for Colonial 
 Legislation, unless there is some special Reason for 
 having them inserted in the Imperial Act. 
 
 No. iO and Parts of Nos. 47-50 relate to the Constitution 
 and Proceedings of the Provincial Governments 
 and Legislatures. It is understood that Draft 
 Clauses on these Subjects are being prepared by 
 the Delegates of the several Colonies, which when 
 completed can be considered in Consultation with 
 them. 
 
 Nos. 5.J-03 (Property and Liabilities) are reserved for 
 further Consideration. 
 
 No. 05 (Intercolonial Railway) must be dealt with sep- 
 arately. 
 
 All the other Resolutions seem disposed of in this Draft 
 P>ill as far as Legislation is requisite. 
 
 Are such Provisions considered desirable as ss. 47, 48, of 
 tJie Canada Union Act of 1840, relating to Con- 
 tinuance of Courts, Commissions, etc., and to Tem- 
 porary Acts ?]
 
 ■{Confidential.) 
 
 THIED DEAFT* (OF CONFEEENCE). 
 
 Dated 2nd February, 1867. 
 
 WHEREAS the Provinces of Canada, Nova Scotia, and 
 New Bruswick have expressed their desire to form a Federal 
 Union under the British Crown, for the purposes of Government 
 and Legislation, based upon the principles of the British Consti- 
 tution. 
 
 Be it therefore 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. This Act may be cited as " The British North Americaji 
 
 Act, 1867." 
 
 2. The words "the Queen," shall mean Her Majesty, Her' 
 Heirs, and Successors, Sovereigns of the United Kingdom of 
 Great Britain and Ireland. 
 
 The words '' from and after the Union," shall mean from 
 and after the day on wliioh the proclamatian, declaring the Union 
 of the Provinces, shall take effect. 
 
 The word " Parliament " shall mean the Legislature or Par- 
 liament of the United Provinces, 
 
 The word " Legislature '■ shall mean the Local Legislature 
 or Parliament of the several Provinces, 
 
 The word "Union," shall mean the Union of the Provinces 
 of Canada, Nova Sootia, and New Brunswick. 
 
 The words " Governor General in Council," shall mean the 
 Governor or person administrating for the time being the Gov- 
 ernment of Canada, acting by and with the advice of the Privy 
 Council thereof. 
 
 *The drafts marked respectively : " 1st draft, 30th January, 1867," and " 2nd 
 draft, 31st January, 1867," are incomplete, but so far as they go contain nothing 
 not included in this draft.
 
 THIRD DRAFT OF BILL 159 
 
 The words " Lieutenant-Governor in Council," shall mean the 
 Lieutenant-Governor or person administering for the time being 
 the Government of either of the Provinces of Ontario, Quebec, 
 Nova Scotia, or New lirunswick, acting by and with the advice 
 of the Executive Council thei'eof. 
 
 o. From and after the Union, all Acts and pairts of Acts 
 passed by the Parliament of Great Britain, the I'arliament of 
 the United Kingdom of Great Britain and Ireland, the Legisla- 
 ture of Upper Canada, the Legisilature of Lower Canada, the 
 Legislature of Canada, the Leglsiature of Nova Scotia, or the 
 Legislatui'e of New Brunswick, w'hich are repugnant to or incon- 
 sistent with the provisions of this Act shall be and the same are 
 hereby repealed : Provided always that the repeal of the said 
 several Acts of Parliament and parts of Acts of Parliament shall 
 not be held to revive or give any force or effect to any enactment 
 which has, by the said Acts, or any of them, been repealed or 
 determined. 
 
 4. It shall be lawful for the Queen with the advice of her 
 Privy Council, to declare by proclamation that the said Pro- 
 vinces of Canada, Nova Scotia and New Brunswick upon, from, 
 and after a certain day in such proclamation to be appointed, 
 which day shall be within 
 
 calendar months next after the passing of tMs Act, shall form 
 and be one united dominion, under the name of the Kingdom ot 
 Canada, and thenceforth the said Provinces shall constitute and 
 be One Kingdom under the Name aforesaid, upon, from, and 
 after the day so appointed as aforesiaid. 
 
 5. From and after the Union, LTpper Canada and Lower 
 Canada shall be severed, and each shall foa-m a separate Pro- 
 vince. 
 
 6. From and after the said Union, Upper Canada shall be 
 named and known as tlie Province of Ontario, and Lower Canada 
 shall be named and known as the Province of Quebec. 
 
 The Executive P(jwer. 
 
 7. The Executive Government and authority is and shall be 
 vested in the Queen. 
 
 8. The Queen has and shall have the Command-in-Chief of 
 the Land and Naval Militia, and of all Naval and Military Forces 
 whatsoever.
 
 160 THIRD DRAFT OF BILL 
 
 8. The Governor-GeneraJ may, by Instrument under the 
 Great Seal of Canada, constitute an Executive Council, which 
 shall be called the Privy Council of Canada, and he may from 
 time to time appoint and remove Members thereof. 
 
 9. All powers, authorities and functions w%ich by any Act 
 of the Parliament of Great Britain, or of the Parliament of the 
 United Kingdom of Great Britain and Ireland, or by any Act 
 of the Legislature of Upper Canada, Lower Canada, Canada, 
 Nova Scotia, or New Brunswick respectively, are vested in, or 
 are authorised or required to be exercised by the respective Gov- 
 ernors or Lieutenant-Governors of the said Provinces, with the 
 advice, or with the advice and consent, of the Executive Coimcil 
 of such Provinces respectively, or in conjunction with such Ex- 
 ecutive Council, or wifh any number of the Members thereof, or 
 by the said Governors or Lieutenant-Governors individually and 
 alone, shall, in so far as the same al'e not repugnant to or incon- 
 sistent with the provisions of this Act, be vested in and may be 
 exercised by the Governor-General of the Kingdom of Canada, 
 with the advice, or with the advice and consent of, or in conjunc- 
 tion, as the case may require, with the Privy Council, or any 
 Members thereof, as may be appointed by the Queen for the 
 affairs of the Kingdom of Canada, or by the Governor-General of 
 the Kingdom of Canada individually and alone, where the advice, 
 consent, or concurrence of the Privy Council is not required. 
 
 The Legislative Power. 
 
 10. From and after the Union, there shall be within ana 
 for the Kingdom of Canada, one General Parliament, which shall 
 be composed of the Queen, an Upper Chamber to be called the 
 Senate, and a House of Commons. 
 
 Senate. 
 
 11. For the purpose of fonning the Senate the Kingdom of 
 Canada, shall be considered as consisting of three Divisions : — 
 
 (1) Ontario. 
 
 (2) Quebec. 
 
 (3) The Maritime Provinces of Nova Scotia and New 
 
 Brunswick ; 
 
 And each Division shall have an equal representation in the 
 Senate.
 
 THIRD DRAFT OF BILL. 161 
 
 IL'. Ontario shall be represented in the Senate by twenty- 
 four Members, Quebec by twenty-four Members, and the Mari- 
 time Provinces by twenty-four ^Members, of which Nova Scotia 
 shall have twelve Members, and New lirunswick twelve Mem- 
 bers. 
 
 13. For the purpose of composiufj^ the Senate, it shall l)e 
 lawful for the Governor-General, before the time to be appointt'd 
 for the first meeting of the Parliament of Canada, by an lustrn- 
 ment or instruments under the Great Seal of Canada, to sum- 
 mon to the Senate such persons as Her Majesty may think fit, 
 subject to the provisions of this Act ; and it shall also be lawful 
 for the Governor-General in like manner to summon to the Sen- 
 ate such other person or pei'sous as Her Majesty shall think fit, 
 subject to the provisions of this Act, and every person who 
 shall be so summoned shall thereby become a Member of the 
 Senate. 
 
 Qualification for Senate. 
 
 14. The Senators shall each be of the full ajie of thirty years, 
 shall each be a natural bom subject of the Queen, or her subject 
 naturalized by Act of the Parliament of the United Kiugdouj 
 of Gi'eat Britain and Ireland, or by an Act of any or either oi- 
 one of the Legislatures of the Provinces of Canada, Upper Can- 
 ada, Lower Canada, Nova Scotia, or New Brunswick, or by an 
 Act of tlie Parliament of Canada, hereby created, and shall each 
 be legally or equitably seised or entitled as of freehold for his 
 own use and benefit of lands or tenements held in free and com- 
 mon socage, or seised and possessed for his own use and benefit 
 of land or tenements held in fief, franc-alleu or roture, in the 
 Province for which he shall be appointed, of the value of four 
 thousand dollars over and above all debts, charges, dues, and 
 incumbrances tliereon, and shall each be and continue to be 
 worth the sum last aforesaid over and above his debts and liabili- 
 ties ; and shall each also possess a continuous resid>ence in the 
 Province for which he is appointed, except during the time that he 
 shall hold an office under the Government, the duties of which 
 will require his continuous attendance at the seat of Government 
 of Canada. 
 
 15. In the case of Quebec, each of the twenty-four Senators 
 representing such Province shall be appointed to represent one 
 of the twenty-four Electoral Divisions mentioned in Schedule A 
 
 POPE CON.— II
 
 1C2 THIRD DRAFT OF BILL. 
 
 of Chapter First of tlie Consolidated Statutes of Canada, and 
 such Senator shall reside or possess his qualification in the Elec- 
 toral Division he is appointed to represent. 
 
 10. If any Money Bill passed by the House of Commons is 
 rejected by the Senate for any one Session, or if any other Bill 
 passed by the House of Commons is rejected by the Senate on 
 three consecutiye occasions, and if in such case or oases the 
 Grovernor-General shall ascertain that such Bill or Bills has oi 
 have been carried by the majority of voices from two out of the 
 three divisions of the Kingdom, then and in such case it shall be 
 lawful for Her Majesty to create additional Members of the Sen- 
 ate, preserving- the rule of equality between the three Divisions 
 of Upper Canada, Lower Canada, and the Maritime Provinces. 
 
 17. In case of such increase on such vote beyond the normal 
 number of seventy-two Members of the Senate, no additions 
 shall thereafter be made until each section shall be represented 
 by twenty-four Members and no more. 
 
 18. Whenever after the first appointment a vacancy in the 
 Senate shall take place, it shall be lawful for the Goveruor-Gen- 
 e'ral, in the Queen's Name, by an instrument under the Great 
 Seal of Canada, to summon to the said Senate a person duly 
 qualified according to the provisions of this Act to fill such 
 vacancy. 
 
 19. Every Senator shall hold his seat in the Senate for the 
 term of his life, subject to the provisions of this Act. 
 
 20. If any Senator shall, for two successive Sessions of Par- 
 liament, fail to give his attendance in the Senate, or if he shall 
 take any oath or make any declaration or acknowledgment of 
 allegiiance, obedience, or otherwise, to any foreign Prince or 
 Power, or shall do, concur in, or adopt any act whereby he may 
 become a subject or a citizen of any foreign state or power, or 
 whereby he may become entitled to the rights, privileges, or 
 immunities of a subject or citizen of any foreign State or Power, 
 or shall cease to have any of the qualifications required by this 
 Act, or shall become bankrupt or take the benefit of any Act 
 relating to insolvent debtors, or become a defaulter, or be 
 attainted of treason, or be convicted of felony or of any infamoUiSs 
 ci-ime, his seat in the Senate shall thereby become vacant. 
 
 21. Every Senator shall, before taking his seat, take the 
 oath of Allegiance to The Queen before The Governor-General
 
 THIRD DRAFT OF HILL. 1G3 
 
 or some peisou or pei sous authorised by liiui to make a declara- 
 tion in Schedule A mentioned. 
 
 22. Any jjei'son who at the time of the Union is a Member 
 of the Legislative Council of Canada, or of Nova Scotia, or ot 
 Xe^v Brunswick, and who may accept the oflfiee of Senator, shall, 
 by his acceptance, be held to have vacated his seat in such Legis- 
 lative Council. 
 
 23. Any Senator may, by writing under Ms hand, addressed 
 to the Governor-Greneral, resign his seat in the Senate, and there- 
 upon such seat shall become vacant. 
 
 24. If any question respecting a vacancy in the Senate shall 
 arise, the same shall be heard and determined by the Senate. 
 
 25. The Governor-General sliall have power by an instrument 
 under the Great Seal of the Kingdom, to appoint one Member of 
 the Senate to be Speaker thereof, and to remove him and appoint 
 another in his stead. 
 
 26. Subject to alteration by the Parliament of Canada, 
 the presence of at least fifteen Members of the Senate, including 
 the Speaker, shall be necessary to constitute a Meeting for the 
 exercise of its powers. 
 
 27. The Speaker shall vote as other Members, and in case ot 
 an equality of votes, it shall be held that the decision is in the 
 negative. 
 
 House of Commons. 
 
 28. For the purpose of constituting the House of Commons 
 of the Kingdom of Canada, it shall be lawful for tlie Governor 
 within months after the Union, and thereafter 
 from time to time, as occasion shall require, in Her Majesty's 
 name and by an insti'ument or instruments under the Great Seal 
 of Canada to summon and call together a House of Commons 
 in and for Canada. 
 
 29. The House of Commons shall consist of one hundred and 
 eight3'-one members, of •whom eighty-two members shall be 
 elected for Ontario, sixty-five for Quebec, nineteen for Nova 
 Scotia and New Brunswick. 
 
 30. Constituencies of Ontario. 
 
 31. Constituencies of Quebec. 
 
 32. Constituencies of Nova Scotia. 
 
 33. Constituencies of New Brunswick.
 
 164 THIRD DRAFT OF BILL. 
 
 34. There sliall be a General Census of the people of the 
 Kingdom of Canada taken in the year One thousand eight hun- 
 dred and seventy-one, and decennially afterwards ; and 
 immediately after the said census, and immediately after 
 eyery decennial census thereafter, the representation from 
 each Province in the House of Commons shall be re-adjusted by 
 such auth'oi'ity, in such manner, and from such time, as any Act 
 of the Parliament of Canada from time to time directs, according 
 to the following rules : — 
 
 (1) Lower Canada shall have the fixed Number of Sixty- 
 
 five Representatives : 
 
 (2) There shall be assigned to each of the other Provinces 
 
 such a number of Representatives as will bear the 
 same Proportion to the number of its Population 
 (ascertained at such census) as the Number Sixty- 
 five bears to the Number of the population of Lower 
 Canada (so ascertained). 
 
 (3) In the computation of the Number of Representatives 
 
 for a Province a fractional part less than one-half of 
 the whole number requisite for entitling the Province 
 to a Representative shall be disregarded ; but a frac- 
 tional part exceeding one-half of that number shall be 
 equivalent to the whole number. 
 
 (4) On any such Re-adjustment the Number of Representa- 
 
 tives of a Province shall not be reduced unless the 
 Proportion which the Number of the Population of 
 the Province bore to the Number of the aggregate 
 Population of the United Colony at the then last pre- 
 ceding Re-adjustment of the Number of Representa- 
 tives of the Province is ascertained at the then latest 
 Census to be diminished by One Twentieth Part or 
 u])wards. 
 
 But such re-adjustment shall not take effect until after the 
 termination of the then existing Parliament. 
 
 35. The Number of Members of the House of Commons may 
 be from Time to Time increased by Act of the Parliament of 
 Canada, provided the proportionate Representation of the sev- 
 eral Provinces })rescribed by this Act is not thereby disturbed.
 
 THIRD DRAFT OF HILL. IHo 
 
 IM). Every House of Commons shall continue for five Years 
 from the Day of the Return of the Writs for ehoosinff the House 
 (subject to he sooner prorof^ued or dissolved by the Governor- 
 General), and no longer. 
 
 37. For the purpose of such Re-adjustments, Quebec shall 
 always be assigned sixty-five Members, and each of the other 
 Provinces shall, at each Re-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 
 Quebec will enjoy, according to the census then last taken by 
 having sixty-five Members. 
 
 38. No reduction shall be made in the number of Members 
 returned by any Province, unless its population shall have de- 
 creased relatively to the population of the whole of Canada, to 
 the extent of five per centum. 
 
 39. In computing at eaich decennial period the number of 
 Members to w'hich each Province is entitled, no fractional parts 
 shall be considered, unless when exceeding one-half the number 
 entitling to a Membei', in which case a Membet shall be given 
 for each such fractional part. 
 
 40. The number of Members may at any time be increased, 
 regard being had to the proportionate rigMs then existing. 
 
 41. Until provisions are made by the Parliament of Canada, 
 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 House of Assembly in the 
 i-espective Provinces, and relating to the qualifications or dis- 
 qualification 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 
 \\^ich 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 
 execution of new writs in case of any seat being vacated other- 
 wise than by a dissolution, sliall respectively apply to Elections 
 of Menrbers to serve in the House of Commons of Canada. 
 
 4l\ The Senate and House of Commons of Canada, shall be 
 called together for th;' first time, at some period not later than 
 calendar months from and after the Union.
 
 1(JG THIUI) DKAFT OF BILL. 
 
 43. The House of Commons shall, uijon its first assembling, 
 after every general election, proceed forthwith to elect one of its 
 number to be Speaker, and in case of his death, resignation, or 
 removal by a vote of the Commons, the said House of Commons 
 shall forthwith proceed to elect another of their Members to be 
 Speaker : and the Speaker so elected shall preside at all Meet- 
 ings of the Commons. 
 
 44. The presence of at least Twenty Members of the House 
 of Commons, including the Speaker, shall be necessary to consti- 
 tute a Meeting of the House of Commons for the exercise of its 
 powers, and ;i,ll (juestions wliicli sliall arise in the Coniiuons shall be 
 decided by the majority of voices of such Members as shall be 
 present, other than the Speaker ; and when the voices shall be 
 equal, the Speaker shall have the casting vote. 
 
 45. No Senator siiall be capable of being elected, or of sitting 
 or voting as a Member of the House of Commons. 
 
 i\IoXKV. 
 
 40. Bills for appropriating any part of the Public Revenue 
 of Canada or for imposing any Tax or Impost shall originate in 
 the House of Commons, 
 
 47. It shall not be lawful for the House of Commons To 
 adopt or pass any vote, resolution, address, or bill for the appro- 
 priation of any part of the l*ublic Kevenue, or of any Tax or Im- 
 posit, to any purpose that has not been first recommended to that 
 House by message of tlie Governor-General in the »Sessio n in 
 Which such vote, resolution, address, or bill is proposed to be 
 adopted or passed. 
 
 RovAi. AssKXT, ^rc. 
 
 48. Where a Bill passed by the Houses of Parliament of 
 Canada is presented to- the Governor-CTeneral for The Queen's 
 assent, lie shall declare according to his discretion, but subject 
 to the provisions of this Act and to Her Majesty's instructions, 
 either that he assents thea'eto in The Queen's name, or that he 
 witliliolds The Queen's assent, or that he reserves the Bill for the 
 signifieation of The Queen's pleasure. 
 
 49. Where the Governor-General assents to a Bill in The 
 Queen's name, he shall by the first convenient opportunity send 
 an authentic copy of the Act to one of The Quih^'s ])rincipal 
 Secretaries of State, and if the Queen in Council within two
 
 THIRD DKABT OF lULL. 107 
 
 years after receipt thereof by the Secretary of State thinks fit 
 to disallow the Act, such disallowance (with a certificate of llie 
 Secretary of State of the day on which the Act was received by 
 him) beinf? sijiiiified by the Governor-General, by speech or mes- 
 saj?e to the Houses of Parliament of Gauada, or by proclamation, 
 shall annul the Act from and after the day of sudh siji'uification. 
 
 50. A Bill reserved for the si.2:nification of The Queen's pleas- 
 ui-e shall not have any force unless and until within two years 
 from the day on which it was presented to the Governor-General 
 for Her Majesty's assent, the Goveirnor-General signifies, by 
 speech or messajie to each of the Houses of Parliament of Can- 
 ada, or by proclamation, that it has received the assent of The 
 Queen in Coimcil : an entry of every such speech, message, or 
 proclamation shall be made in the Journal of each House, and a 
 duplicate thereof duly attested shall be delivered to the proper 
 officer to be kept among the records of Camida. 
 
 ANNUAL SESSION. 
 
 51. There shall be a Session of the Parliament of Canada 
 once at least in every year, so that a period of twelve months 
 shall not intervene between the last sitting of the Parfiament 
 in one Session, and the first sitting thereof in the next Session. 
 
 POWERS OF PARLIAMENT. 
 
 52. It shall be lawful for the Queen, by and Avith the advice 
 and consent of the Houses of Parliament of C'anada, to make laws 
 for the peace, order, and good government of th'e Kingdom, and 
 of the several Provinces, in relation to all matters not coming 
 within the classes of subjects by this Act assigned exclusively to 
 Pro\incial Legislation ; and for greater certainty, but not so 
 as to resti-ict tlie generality of the foregoing terms of this Sec- 
 tion, it is hereby declared that the Legislative Authority of the 
 Parliament of Canada extends to all matters coming within tlie 
 classes of subjects next hereinafter enumerated, tliat is to say: — 
 
 i. The Public Debt and Property. 
 2. The Regulation of Trade and Commerce. 
 :]. The raising of money by all or any mode or system of 
 Taxation. 
 
 4. The borrowing of money on the I'ublic Credit. 
 
 5. Postal Service.
 
 168 THIRD DRAFT OF BILL. 
 
 (). Lines of Steam or other Ships, Railwaj's, Canals, and 
 other works connecting" any two or more of the Pro- 
 vinces together, or extending beyond the limits of 
 any Province. 
 
 7. Lines of Steamships between Canada and other coun- 
 
 tries. 
 
 8. Telegraphic Communication and the incorporation of 
 
 Telegraph Companies. 
 
 9. All such works as shall, although lying wholly within 
 
 any Province, be specially declared by the Acts au- 
 thorising them to be for the general advantage. 
 
 10. The Census and Statistics. 
 
 11. Militia^ — Military and Naval Service and Defence. 
 
 12. Beacons, Buoys, Light Houses, and Sable Island. 
 
 13. Na\igation and Shipping. 
 
 14. Quarantine. 
 
 15. Sea Coast and Inland Fisheries. 
 
 1(5. Ferries between any Province and a Foreign Country, 
 or between any two Provinces. 
 
 17. Currency and Coinage. 
 
 18. Banking — Incorporation of Banks and the issue of paper 
 
 money. 
 
 19. Sa^^ngs Banks. 
 
 20. Weights and Measures. 
 
 21. Bills of Exchange and Promissory Notes. 
 
 22. Interest. 
 
 23. Legal Tender. 
 
 24. Bankruptcy and Insolvency. 
 
 25. Patents of Invention and Discovery, 
 
 26. Copy Rig^its. 
 
 27. Indians and Lands reserved for the Indians. 
 
 28. Naturalisation and Aliens. 
 
 29. Marriage and Divorce. 
 
 30. The Criminal Law, excepting the Constitution of Courtf* 
 
 of Criminal Jurisdiction but including the procedure 
 on Criminal matters.
 
 THIRD DRAFT OF BILL. 169 
 
 ;>1. The establishment, maintenance, and management of 
 I'enitentiai'ies. 
 
 .'>2. Rendering uniform all or any of the laws relative to pro- 
 perty and civil rights in Upper Canada, Nova Scotia, 
 and New Brunswick, and rendering uniform the pro- 
 cedure 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, and when so' sanctioned the power of 
 amending, altering, or repealing such laws shall 
 thenceforward be vested in the Parliament only. 
 
 83. Immigration. 
 
 M. Agriculture. 
 
 35. To establish a General Court of Appeal, and in order to 
 the due execution of the Laws of Parliament addi- 
 tional Courts, when necessary-. 
 
 3(J. To lix and provide for the salaries and allowances of the 
 Governors of the several Provinces, and of the 
 Judges and all other officers of the Union and of the 
 Superior, District, County and Recorder's Courts, and 
 of the Admiralty Courts, in cases where the Judges 
 thereof are paid by salaries. 
 
 37. And also for the peace, welfare and good government of 
 the Union respecting all matters of a general charac- 
 ter, not specially and exclusively herein reserved for 
 the Legislatures, and such laws shall control and 
 supersede any laws in any wise repugnant thereto or 
 inconsistent therewith which may have been • made 
 prior thereto ; and any law made by any Legislature 
 in pursuance of the authority hereb}" conferred upon 
 it in regard to matters and subjects in which con- 
 current jurisdiction is hereby given to the Parliament 
 shall, so far as the same is repugnant to or incon- 
 sistent with any Act passed by the Parliament, be 
 null and void. 
 
 53. The Senate, or the Members thereof, and the House ot 
 Commons, or the Members thereof, are respectively to be en- 
 titled to, and shall and may exercise, as branches of the Parlia- 
 ment of the Kingdom of Canada, all the powers and privileges, 
 and be subject to all the responsibilities and duties which the
 
 170 THIRD DRAFT OF RILL. 
 
 H0U80 of Lords or the House of Commons of the United King- 
 dom of Great Britain and Ireland, or the Members thereof enjoy 
 (as the case may be), or are subject to, except as herein provided, 
 iind except also as to the Judicial functions of the House of 
 Lords. 
 
 54. The first Elections for Members of the House of Com- 
 mons of Canada, and for Members of the Legislative Assemblies 
 respectively of Ontario, Quebec, Nova Scotia, and New Bruns- 
 wick, shall be held upon the same day, and be taken by the same 
 Returning Officer. 
 
 Revenues, Civil List, &c. 
 
 55. From and after the Union, all Duties and Revenues over 
 which the respective Legislatures of the said Provinces before 
 and at the time of the passing of this Act had, and have power 
 of Appropriation, except such portions thereof as are by this Act 
 reserved to the Local Governments, or raised by them in accord- 
 ance with the Special powers conferred upon them by this Act, 
 shall form one Consolidated Revenue Fund, to be appropriated 
 for the Public Service of Canada, in the manner, and subject to 
 the charges hereinafter mentioned. 
 
 56. The said Consolidated Revenue Fund of Canada shall 
 be permanently charged with all the costs, charges, and ex- 
 penses incident to the collection, management, and receipt there- 
 of, such costs, charges and expenses being subject, nevertheless, 
 to be reviewed and audited in sudi manner as shall be directed 
 by any Act of the Parliament thereof. 
 
 57. Out of the Consolidated Revenue Fund of Canada, there 
 shall be payable every year to Her Majesty, her heirs and suc- 
 cessors, the sum of 
 
 for defraying the expenses of the several services and purposes 
 named in the Schedule marked A to this Act annexed ; and dur- 
 ing the life of The Queen, and for five years after the demise of 
 The Queen, there shall be payable to the Queen, out of the said 
 Consolidated Revenue Fund, a further sum of 
 for defraying the expense of the several services and purposes 
 named in the Schedule marked C to this Act annexed ; the said 
 Slims of to bL^ issued by the 
 
 in discharge of such warrant or warrants as 
 sluill be from time to time directed to him under the Hand and 
 Seal of the Governor-General : and tlie said
 
 THIKI) DRAFT 01' P.ILL. 171 
 
 shall accouut to tlie (^neen for tlu- saiiio through tlio Lord High 
 Treasurer or Lords Commissioners, of The Queen's Treasury, in 
 such manner and form as The Queen shall be jiraeiously pleased 
 to direct. 
 
 58. Until altered by any Act of the Parliament of Canada, 
 the salary of the Governor-General shall be that set ajiainst his 
 office in the said Schedule B ; and accounts in detail of the ex- 
 penditure of the said sum of 
 
 hereinbefore granted, and of every part thereof shall be laid be- 
 fore the Senate and House of Commons of Canada, within thirty 
 days next after the beginning of the Session after such expendi- 
 ture shall have been made. 
 
 .5!). During the time for which the said sum of 
 is payable, the same shall be accepted and taken by the Queen, 
 by way of Civil List, instead of all territonal and other revenues 
 now at the disposal of the Crowu, arising in Canada, and three- 
 fifths of the net produce of the said territorial and other revenues 
 now^ at the disposal of the Crown within Canada shall be paid 
 over to the account of the said Consolidated Revenue Fund ; and 
 also during- the life of The Queen, and for five years after the 
 demise of The Queen, the remaining- two-fifths of the net produce 
 of the said territorial and other revenues now at the disposal of 
 the Crown within Canada, shall be also paid over in like manner 
 to the account of the said Consolidated Revenue Fund. 
 
 00. The consolidation of the duties and revenues of the said 
 Province shall not be taken to affect the payment out of the said 
 Consolidated Revenue Fund of any sum or sums heretofore 
 charged upon the rates and duties already raised, levied and col- 
 lected, or to be raised, levied and collected, to and for the use of 
 Canada, for such time as shall have been appointed by the sev- 
 eral Acts of the Legislatures of the Provinces of Canada, Nova 
 Scotia, and New P>runswick, by which such charges were sever- 
 ally authorised. 
 
 01. That the expenses of the collection, management, and 
 receipt of the said Consolidated Revenue Fund shall form the 
 first charge thereon ; and that the annual interest of the public 
 debt of the Pro\inces of New Brunswick or either of them at the 
 time of the LTnion, shall form the second charge thereon ; and 
 the said sum of 
 
 shall form the third cl:arge thereon ; and the other charges upon
 
 172 THIRD DRAFT OF BILL. 
 
 the rates aud duties levied within Canada, hereinbefore reserved, 
 shall form the sixth charge thereon, so long as snch charges shall 
 continue to be pa3able. 
 
 02. Subject to the several payments hereby charged on the 
 said Consolidated Revenue Fund, the same shall be appropri- 
 ated by the Parliament of Canada, for the public service, in such 
 manner as they shall think proper. 
 
 Local Constitutions. 
 
 Go. For each Province of Upper Canada, Lower Canada, 
 Nova Scotia and New Brunswick, there shall be an officer, styled 
 the Lieutenant-Governor, to be appointed by the Governor-Gen- 
 eral in Council, under the great seal of Canada. 
 
 04. A Lieutenant-Goveraor shall hold office during the plea- 
 sure of the Governor-General in Council, but any Lieutenant- 
 Governor appointed after the commencement of the first Session 
 of the Parliament of Canada, sliall not be removable within live 
 years from his appointment, except for cause assigned, which 
 shall be communicated to him in writing within one month after 
 the order for his removal is made, and shall be communicated by 
 message to each of the Houses of Parliament within one week 
 thereafter, if the Parliament is then sitting, and if not. then 
 within one week after the commencement of the next sitting of 
 the Parliament. 
 
 05. The salaries of Lieutenant-Governors shall be fixed and 
 provided by an Act of the Parliament of Canada. 
 
 GO. In each Province, the Lieutenant-Governor may, by and 
 with the advice and consent of the Legislature, make laws in re- 
 lation to matters coming within the classes of subjects next 
 hereinafter enumerated : — 
 
 (1) The amendment from time to time of their Constitu- 
 
 tions except as relates to the office of Lieutenant- 
 Governor: 
 
 (2) Direct Taxation within the Province in order to the 
 
 raising of a i*evenue for Pro\incial Purposes, includ- 
 ing, in the case of New Brunswick, the levying, by 
 the mode and to the extent (if any) established by 
 Law at the Union, Dues on Timber, not being the 
 produce of any of the Provinces other than New 
 Brunswick :
 
 THIRD DRAFT OF BILL. 173 
 
 i'.j) The borrowing;' of money on the sole credit of the Pro- 
 vinee for Provincial I'urposes: 
 
 (4) The establishment and tenure of Provincial offices, and 
 the api^ointment and payment of Provincial officers: 
 
 (o) The mauaj^ement and sale of the public lands belonging 
 to the Province: 
 
 ((3) The establishment, maintenance and management of 
 public and reformatory prisons in and for the Pro- 
 vince : 
 
 (7) The establishment, maintenance and management of 
 
 hospitals, asylums, charities, and eleemosynary in- 
 stitutions in and for the Province (oth-er than marine 
 hospitals) : 
 
 (8) Municipal institutions in the Province: 
 
 (9) Shop, saloon, tavern, auctioneer, and other licenses, in 
 
 order to the raising of a revenue for provincial, local, 
 or municii)al purposes: 
 
 (10) All works and undertakings: 
 
 (11) The incorporation of Companies with exclusively Pro- 
 
 vincial objects : 
 
 (12) The solemnisation of marriage in the I'rovince. 
 
 (13) Property and Civil Rights. 
 
 (14) The administration of justice in the Province, including 
 
 the constitution, maintenance, and org-anisation of 
 Provincial Courts, both of Civil and Criminal Jurisdic- 
 tion, and including procedure in Civil matters in those 
 Courts. 
 
 (15) The imposition of punishment by fine, penalty, or im- 
 
 prisonment for enforcing an}' Provincial Law made in 
 relation to any matter coming within any of the 
 classes of subjects enumerated in this section. 
 
 67. In each Province the Lieutenant-Governor may, by and 
 with the consent of the Legislative Assembly, make laws in re- 
 lation to Education in tlie Province, subject and according to 
 the following provisions : — 
 
 (1) Nothing in any such law shall prejudicially affect any 
 right or privilege with respect to Denominational 
 Schools which any class of persons have by Law in 
 the Province at the Union.
 
 174 THIRD DRAFT OF BILL. 
 
 (2) All the powers, priA'ileges, and duties at tlie Union by 
 
 Law confeiTed and imposed in Upper Canada on the 
 separate Schools and School Trustees of The Queen's 
 Roman Catholic subjects, shall be extended to the Dis- 
 sentient Schools of The Queen's Protestant and Ro- 
 man Catholic subjects in Lower Canada. 
 
 (3) Where in anj' Province a system of separate or Dis- 
 
 sentient Schools by Law obtains or is hereafter 
 established by the Legislature thereof, an appeal shall 
 lie to the Governor-General in Council from any Act 
 or decision of any Provincial authority affecting any 
 right or privilege of the Protestant or Catholic min- 
 ority in relation to Education. 
 
 (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 the proper Pro^incial Au- 
 thority in that behalf, then and in every such case, 
 and as far onh' as the circumstances of each case 
 require, the Parliament of Canada shall have power to 
 make remedial Laws for the due execution of the pro- 
 visions of this sec'tion and of any such decision of the 
 Governor-General in Council. 
 
 08. From and after the Union, sucli portions of the duties 
 and revenues, over which the respective Legislatures of the said 
 Provinces, before the time of the proving of this Act, had powers 
 of appropriation, which are by this Act reserved to the Local 
 Governments or Legislatures ; and all duties and revenues by 
 them hereafter raised in accordance with the special powers 
 conferred upon them by this Act,, shall form in each Province 
 one Consolidated Revenue Fund to be appropriated for tlie pub- 
 lie service of the said Province. 
 
 XovA Scotia. 
 
 09. There shall be two chambers as at present styled respec- 
 tively, the Legislative Council and the House of Assembly. 
 
 70. The Legislative Council shall consist of 
 
 71. The Legislative Assembly shall consist of
 
 third draft of kill. 175 
 
 New Brunswick. 
 
 72. There shall be two chambers as at present styled respec- 
 tively, the Legislative Council and the House of Assembly. 
 
 73. The Legislative Council shall consist of 
 
 74. The Legislative Assembly shall consist of 
 
 Legislatui;e of Oxtarkj. 
 
 75. There shall be one Chamber, to be styled 
 
 Ql'ekec. 
 
 7(). There shall be two chambers as at present styled re- 
 spectively, the Legislative Council and the House of Assembly. 
 77. The Legislative Council shall consist of 
 7S. The Legislative Assembly shall consist of 
 
 Miscellaneous. 
 
 7U. Any Act of the Parliament of Canada may, notwithstand- 
 ing anything in this Act, from time to time, provide for the con- 
 stitution, maintenance, and organisation of a General Court of 
 Appeal, and of such Courts as may be ijeemed necessary by the 
 Parliament of Canada. 
 
 80. Notwithstanding anything in this Act, any Act of the 
 Parliament of Canada may from time to time make provision in 
 relation to : — 
 
 (1) Agriculture in all or any of the Provinces. 
 
 (2) Immigration into all or any of the Provinces. 
 
 (3) All works and undertakings. 
 
 And in each Province provincial laws may make provision in 
 relation to : — 
 
 (1) Agriculture in the Provinces. 
 
 (2) Immlgratioi: into the Provinces. 
 
 (8) All works and undertakings in the Province : 
 P>ut any such I'rovincial Law shall have the force of law in and 
 for the Province as long and so far only as it is not repugnant to 
 any Act of the Parliament of Canada. 
 
 81. Either the English or the French language may be used 
 by any person in the debates of the Houses of Parliament of Ca- 
 nada, and of the Houses of Parliament of Lower Canada, and 
 both of these languages shall be used in the respective records
 
 176 THIRD DRAFT OF BILL. 
 
 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, and in or from all or any of the Pro- 
 vincial Courts of Lower Canada. 
 
 82. It shall be lawful for the Queen at any time hereafter to 
 admit into the Union all or any of the Colonies of Newfoundland, 
 Prince Edward Island, or the North- Western Territory or Britisl:i 
 Columbia, on such terms and conditions as the Parliament of Ca- 
 nada shall deem equitable, and as shall receive the assent of Her 
 Majesty ; and in the case of Newfoundland, Prince Edward Island 
 and British Columbia as shall be agreed upon by their respective 
 Legislatures ; and in the event of the admission of Newfoundland 
 and Prince Edward Island, or either of them, each shall be en- 
 titled to a representation in the Senate of Canada, of four Mem- 
 bers, but after the admission of Prince Edward Island into the 
 Confederation, the representation of Nova Scotia and New Bruns- 
 wick in the Senate of Canada shall upon any reduction by death 
 or otherwise to the number of Ten Members from each or either 
 of those Provinces not be rej) laced beyond that number, except 
 as hereinbefore provided ; and it sh:ill be lawful for The Queen 
 at any time hereafter to declare bv proclamation, that any or 
 either of the Colonies of Newfoundland, Prince Edward Island, 
 the North-Western Territory or British Columbia, upon, from, 
 and after a certain day in such proclamation to be appointed 
 shall so form a portion of the Kingdom of Canada, and henceforth 
 such Colony as the case may be, shall be and become a jjortion 
 of the Kingdom, upon, from, and after the day so appointed as 
 aforesaid, and upon such terms and conditions as may be therein 
 expressed. 
 
 Intercolonial Railway. 
 
 S3. And whereas the construction of a railway from the 
 river St. Lawrence to the city of Halifax, in the Province of Nova 
 Scotia, is necessary ; 
 
 And whereas it has been agreed between the Provinces that 
 such railway shall be constructed with all convenient speed. 
 
 Be it enacted, that the General Government shall within 
 months after the Union commence such railway, and within 
 months thereafter complete the same.
 
 (Gonjidential.) 
 
 FOUETH DRAFT (OF CONFERENCE). 
 
 A 
 
 BILL 
 
 To provide for the Union and Government of British 
 North America. 
 
 WHEREAS the Provinces of Canada, Nova Scotia and 
 New Brunswick have expressed their desire to form a Federal 
 Union under the British Crown, for the purposes of Government 
 and Legislation, based upon the principles of the British Consti- 
 tution. 
 
 Be it therefore Enacted bv the Queen's most Excellent 
 Majesty, by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons in this present Parliament assembled, 
 and by the authority of the same as follows : — 
 
 Preliminary. 
 
 L This Act may be cited as ''The British North American 
 Act, 18G7." 
 
 Interpretation. 
 
 2. In the construction of this Act the following rules shall 
 be observed with respect to the following; terms, unless otherwise 
 expressly provided for, or such construction would be inconsis- 
 tent with the manifest intention of the Act, or repugnant to the 
 context — that is to say : — 
 
 The words " The Queen," shall mean Her Majesty, her Heirs, 
 and vSuccessors, Sovereigns of the United Kingdom of Great Bri- 
 tain and Ireland. 
 
 The words "from and after the Union," shall mean from and 
 after the day on which the proclamation, declaring the Union ol 
 the Provinces, shall take effect. 
 
 The word ''Parliament" shall mean the Legislature or Pai 
 liament of the Kingdom of Canada. 
 
 roPE CON. — 12
 
 178 FOUKTH DRAFT OF BILL 
 
 The word "Legislature '' shall mean the Local Legislature of 
 any of the Provinces of the Union. 
 
 The word " Union," shall mean the Union of the Provinces 
 of Canada, Nova Scotia, and New Brunswick. 
 
 The words " Governor-Greneral," shall mean the Chief Exe- 
 cutive Officer or Administrator for the time being of the Grovern- 
 ment appointed by the Queen, by whatever name designated. 
 
 The words "Governor-General in Council," shall mean the 
 Chief Executive Officer or Administrator, Governor or person ad- 
 ministering for the time being the Government of Canada, acting 
 by and with the advice of the Privy Council thereof. 
 
 The words " Lieutenant-Governor," shall mean the Chief 
 Executive Officer or Administrator for the time being of the Gov- 
 ernment of any Province in the Union. 
 
 The words " Lieutenant-Governor in Council," shall mean the 
 Lieutenant-Governor or Administrator for the time being of the 
 Government of either of the Provinces of Ontario, Quebec, Nova 
 Scotia, or New BrunsAvick, acting by and with the advice of the 
 Executive Council thereof. 
 
 The word " Kingdom" shall mean and comprehend the 
 United Provinces of Ontario, Quebec, Nova Scotia, and New 
 Brunswick. 
 
 The words " Privy Council " shall mean such persons as may 
 from time to time be appointed, by the Governor-General, and 
 sworn to aid and advise in the Government of the Kingdom. 
 
 The word " Canada " (when not applied to the Province of 
 Canada) shall mean the Kingdom of Canada hereby constituted. 
 
 The words " Upper Canada " shall mean all that part of the 
 Province of Canada which formerly constituted the Province of 
 Tipper Canada. 
 
 The words " Lower Canada " shall mean all that part of the 
 Province of Canada which formerly constituted the Province of 
 Lower Canada. 
 
 The word "Ontario" shall mean the Province of Ontario 
 hereby constituted, and the said Province shall be held to have 
 the same bonndaries as that part of the late Province of Canada 
 known as Upper Canada prior to and at the time of the passing 
 of this Act.
 
 FOR UNION OK B. N. A. COLONIES. l'«9 
 
 The word " Quebec "' shall mean the Prm'ince of Quebec 
 hereby constituted, and the said Province shall be held to have 
 the same boundaries as that i»art of the late Province of Canada 
 known as Lower Canada prior to and at the time of the passing 
 of this Act 
 
 The words "Nova Scotia." sliall mean the I'rovince of Nova 
 Scotia, and the said Province shall be held to have the same 
 boundaries as existing prior to and at the time of the passing of 
 this Act. 
 
 The words '' New Brunswick "' shall mean the Province of 
 New Brunswick, and the said Province shall be held to have the 
 same boundaries as existing prior to and at the time of the pass- 
 ing of this Act. 
 
 The word " month " shall mean a calendar month. 
 
 Words importing the singular number or the masculine gen- 
 der only, shall include more persons, parties, or things of the 
 same kind than one, and females as well as males, and the con- 
 verse. 
 
 The word " oath " shall bo construed as meaning a solemn 
 affirmation whenever the context applies to any person and case 
 by whom and in which a solemn affirmation may be made instead 
 of an oath ; and in every case where an oath or affirmation is 
 directed to be made before any person or officer, such person or 
 officer shall have full power and authority to administer the same 
 and to certify its having been made ; and the wilful making of 
 any false statement in any such oath or affirmation shall be wil- 
 ful and corrupt perjury ; and the wilful making of any false 
 statement in any declaration required or authorized by any such 
 act as aforesaid, shall be a misdemeanour punishable as v>ilfnl 
 and corrupt perjury. 
 
 Repealing Clause. 
 
 3. From and after the Union, all Acts and parts of Acts 
 passed by the Parliament of Great Britain, the Parliament of the 
 United Kingdom of Great Britain and Ireland, the Legislature 
 of Upper Canada, the Legislature of Lower Canada, the Legis- 
 lature of Canada, the Legislature of Nova Scotia, or the Legisla- 
 ture of New Brunswick, which are repugnant to or inconsistent 
 with the provisions of this Act shall be and the same are hereby 
 repealed : Provided always that the repeal of the said several 
 Acts of Parliament and parts of Acts of Parliament shall not be
 
 180 FOURTH DRAFT OF BILL 
 
 held to revive or give any force or effect to any enactment which 
 has, by the said Acts or any of them, been repealed or deter- 
 mined, nor shall the repeal of the said Acts and parts of Acts 
 affect — 
 
 1. An}- penalty, forfeiture, or liability, civil or criminal, in- 
 curred before the time of such repeal, or any proceedings for en- 
 forcing the same, had, done, completed or pending at the time of 
 such repeal. 
 
 2. Nor any indictment, information, conviction, sentence, or 
 prosecution had, done, completed, or pending at the time of such 
 repeal. 
 
 8. Nor any action, suit, judgment, decree, certificate, execu- 
 tion, process, order, rule, or any proceeding, matter or thing 
 whatever respecting the same, had, done, made, entered, granted, 
 completed, pending, existing, or in force at the time of such re- 
 peal. 
 
 4. Nor any act, deed, right, title, interest, grant, assurance, 
 descent, will, registry, contract, lien, charge, matter, or thing, 
 had, done, made, acquired, established or existing at the time of 
 such repeal. 
 
 5. Nor any office, appointment, commission, salary, allow- 
 ance, security, duty, or any matter or thing appertaining thereto, 
 at the time of such repeal. 
 
 6. Nor any marriage certificate or registry thereof, lawfully 
 had, made, granted, or existing before or at the time of such re- 
 peal. 
 
 7. Nor shall such repeal defeat, disturb, invalidate, or pre- 
 judicially aflfect any other matter or thing whatsoever had, done, 
 completed, existing or pending at the time of such repeal. 
 
 8. But every 
 
 Such penalty, forfeiture, and liability, and every such 
 
 Indictment, information, conviction, sentence, and prosecu 
 tion, and every such 
 
 Action, suit, judgment, decree, certificate, 'execution, process, 
 order, rule, proceeding, matter, or thing, and every such 
 
 Act, deed, right, title, interest, grant, assurance, descent, will, 
 registry, contract, lien, charge, matter or thing, and every such 
 
 Office, appointment, commission, salary, allowance, security, 
 and duty, and every such 
 
 Marriage certificate and registry, and every such other mat-
 
 FOR UNION OF B. N. A. COLONIES. 181 
 
 ter and thing, and the force and effect thereof respectively, may 
 and shall, both at law and in equity, remain and continue as if 
 no such repeal had taken place, and, so far as necessary, may 
 and shall be continued, prosecuted, enforced, and proceeded with 
 under the said Laws, so far as applicable thereto. 
 
 Union. 
 
 4. It shall be lawful for The Queen to declare by Proclama- 
 tion that the said Provinces of Canada, Nova Scotia, and New 
 Brunswick, upon, from, and after a certain day in such proclama- 
 tion to be appointed, which day shall be within six months next 
 after the passincr of this Act, shall form and be one united dominion 
 under the name of the Kingdom of Canada, and thenceforth the 
 said Provinces shall constitute and be One Kingdom under the 
 Name aforesaid, upon, from, and after the day so appointed as 
 aforesaid. 
 
 5. The seat of Government of Canada shall be the City of 
 Ottawa, subject to the Royal Prerogative. 
 
 6. From and after the Union, Upper Canada and Lower Ca- 
 nada shall be severed, and each shall form a separate Pro^^nc(^•. 
 
 7. From and after the Union, Upper Canada shall be named 
 and known as the Province of Ontario, and Lower Canada shall 
 be named and known as the Province of Quebec. 
 
 8. Subject to any future action of the Governments of the 
 Provinces respectively, the seats of Government shall be as fol- 
 lows : — 
 
 In Ontario, the City of Toronto ; in Quebec, the City of Que- 
 bec ; in Nova Scotia, the City of Halifax ; and in New Brunswick, 
 the City of Frederic-ton. 
 
 The Executive Power. 
 
 9. The Executive Government and authority is and shall be 
 vested in the Que?n. 
 
 10. The Queen has and shall have the Coramand-in-Chief of 
 the Land and Naval Militia, and of all Naval and Military Forces 
 whatsoever. 
 
 11. The Governor-General may, by instrument under the 
 Great Seal of Canada, constitute a Privy Council, and he may 
 from time to time appoint and remove Members thereof.
 
 182 FOURTH DRAFT OF BILL 
 
 1± All powers, authorities and functions which by any Act 
 of the Parliament of Great Britain, or of the Parliament of the 
 United Kingdom of Great Britain and Ireland, or by any Act of 
 the Legislature of Upper Canada, Lower Canada, Canada, Nova 
 Scotia, or New Brunswick respectively, are vested in, or are au- 
 thorised or required to be exercised by the respective Governors 
 or Lieutenant-Governors of the said Provinces, with the advice, 
 or with the advice and consent, or' the Executive Council of such 
 Provinces respectively, or in conjunction with such Executive 
 (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 or inconsistent 
 with the provisions of this Act, be vested in and may be exercised 
 by the Governor-General of the Kingdom of Canada, with the ad- 
 vice, or with the advice and consent of, or in conjunction, as the 
 ease may require, with the Privy Council, or any Members thereof, 
 as may be appointed by the Queen for the affairs of the Kingdom 
 of Canada, or by the Governor-General of the Kingdom of Cana- 
 da individually and alone, where the advice, consent, or concur- 
 rence of the Privy Council is not required. 
 
 18. The Governor-General may assign, depute, substitute, and 
 appoint any person or persons jointly or severally, to be his de- 
 puty or deputies within any part or parts of Canada, and in that 
 capacity to exercise, perform and execute during the pleasure of 
 the said Governor-General such of the powers, functions and au- 
 thorities as may under this xVct be vested in or exercised by the 
 Governor-General as the Governor-General shall deem to be ne- 
 cessary or expedient, but the appointment of a Deputy or De- 
 puties as aforesaid shall not abridge, alter, or in any way affect 
 the power or authority of the Governor-General. 
 
 The Legislati\'e Poweil 
 
 11. From and after the Union, there shall be in and for the 
 Kingdom of Canada one Parliament, which shall be composed of 
 the Queen, an X"j)per House to be called the Senate, and a House 
 of Commons. 
 
 Senate. 
 
 IT). For tlie purpose of forming the Senate the Kingdom of 
 Canada shall be considered as consisting of thrive Divisions : — 
 
 (1) Ontario. 
 
 (2) Quebec.
 
 F01{ UNION' OF ];. N. A. COLONICS. 183 
 
 (o) The Maritinu' I'roviuces of Nova i^cotia and New Bruns- 
 wick ; 
 
 And each Division sliall have an equal representation in the 
 ^nate. 
 
 Ki. Ontario sliall be represented in the Senate by twenty-four 
 ilembers, Quebec by twenty-four Members, and the Maritime Pro- 
 vinces by twenty -four Members, of which Nova Scotia shall have 
 twelve Members, and New Brunswick twelve Members. 
 
 17. For the purpose of composing" the Senate, it shall be law- 
 ful for the Governor-General, before the time to be appointed for 
 the first meeting of Parliament, by an instrument or instruments 
 under the Great Seal of Canada, to summon to the Senate such 
 persons as The Queen may think lit, subject to the provisions of 
 this Act ; and it shall also be lawful for the Governor-General 
 in like manner to summon to the Senate such other person or per- 
 sons as Tile yaeen shall think fit, sabjest to the provisions of 
 this Act, and every person who shall be so summoned shall there- 
 by become a Senator. 
 
 18. The Senators shall eacli be of the full age of thirty years, 
 shall each be a natural born subject of the Queen, or her subject 
 naturalised by Act of the Parliauieiit of the United Kingdom 
 of Great Britain and Ireland, or by an Act of any or either or one 
 of the Legislatures of the Provinces of Canada, Upper Canada, 
 Lower Canada, Nova Scotia, or New Brunswick, or by an Act ot 
 the I'arliament of Canada hereby created, and shall each be legal- 
 ly or etjuitably seised or entitled as of freehold for his own use 
 and benefit of lands or tenements held in free and common so- 
 cage, or seised and possessed for his own use and benefit of lands 
 or tenements held in franc-alleu or roture, in the Province for 
 which he shall be appointed, of the value of four thousand dollars 
 over and above all debts, charges, dues, and incumbrances there- 
 on, and shall each be and continue to be worth the sum last afore- 
 said over and above his debts and liabilities ; and shall each also 
 possess a continuous residence in the Province for which he is 
 appointed, except during the time that he shall hold an officA^ 
 under the Government, the duties of which sliall require his 
 continuous attendance at the seat of Government of Canada. 
 
 19. In the case of Quebec, each of the twenty-four Senators 
 representing such Province shall be appointed to represent one 
 of the twenty-four Electoral Divisions of Lower Canada mention-
 
 184 FOURTH DRAFT OF BILL 
 
 ed in Schedule A of Chapter First of the Consolidated Statutes 
 of Canada, and such Senator shall reside or possess his qualifica- 
 tion in the Electoral Division he is appointed to represent. 
 
 20. On the application of the Government of Canada, Her 
 Majesty in Council may from time to time sanction an appoint- 
 ment of additional Senators, so as that the whole number shall 
 in no case exceed seventy-eight, the proportion allotted to each of 
 the three divisions being preserved. In case of vacancies after 
 any such increase above seventy-two ; no appointment shall be 
 made without the sanction of the British Government till the 
 whole number is reduced below seventy-two. 
 
 21. Whenever after the first appointment a vacancy in the 
 Senate shall take place, it shall be lawful for the Governor-Gene- 
 ral, in the Queen's Name, by an instrument under the Great Seal 
 of Canada, to summon to the said Senate a person duly qualified 
 according to the provisions of this Act to fill such vacancy. 
 
 22. Every Senator shall hold his seat in the Senate for the 
 term of his life, subject to the provisions of this Act. 
 
 23. If any Senator shall, for two successive Sessions of Par- 
 liament, fail to give his attendance in the Senate, or if he shall 
 take any oath or make any declaration or acknowledgment of 
 allegiance, obedience, or otherwise, to any Foreign Prince or 
 Power, or shall do, concur in, or adopt any act whereby he may 
 become a subject or a citizen of any foreign state or power, or 
 whereby he may become entitled to the rights, privileges, or 'm- 
 munities of a subject or citizen of any Foreign State or Power, 
 or shall cease to have any of the qualifications required by this 
 Act, or shall become bankrupt or take the benefit of any Act re- 
 lating to insolvent debtors, or become a defaulter, or be attainted 
 of treason, or be convicted of felonj' or of any infamous crime, his 
 seat in the Senate shall thereby become vacant. 
 
 21. Every Senator shall, before taking his seat, make and 
 subscribe before the Governor-General or some person or persons 
 authorized by him to administer the same, the oath of Allegiance 
 to the Queen and the declaration respectively set forth in Sche- 
 dule A. 
 
 25. Any person who at the time of the Union is a Member of 
 the Legislative Council of Nova Scotia, or of New Brunswick, and 
 who may accept the office of Senator, shall, by his acceptance, 
 be held to have vacated his seat in such Legislative Council ; and
 
 FOR UNION OF 15. N. A. COLONIES. 185 
 
 auv pei's^on who at the time of the Union is a Member of the Legis- 
 hitive Council of Canada, Nova Scotia or New Brunswick, and to 
 whom the office of Senator is offered, who shall not within thirty 
 davs thereafter signify his acceptance thereof, the same shall be 
 held to have declined such office. 
 
 26. Any Senator may, by writing under his hand, addressed 
 to the Governor-General, resign his seat in the Senate, and there- 
 upon such seat shall become vacant. 
 
 27. If any question respecting the qualification of a Senator 
 or respecting a vacancy in the Senate shall arise, the same shall 
 be heard and determined by the Senate. 
 
 28. The Governor-General shall have power, by an instru- 
 ment under the Great Seal of Canada, to appoint one Member of 
 the Senate to be Speaker thereof, and to remove him and ap- 
 point another in his stead. 
 
 29. Subject to alteration by Parliament, tlie presence of at 
 least fifteen Members of the Senate, including the Speaker, shall 
 be necessary to constitute a Meeting for the exercise of its 
 powers. 
 
 30. The Speaker shall vote as other Members, and in case of 
 an equality of votes, it shall be held that the decision is in the 
 negative. 
 
 House of Commons. 
 
 .*il. The House of Commons shall consist of one hundred and 
 eighty-one Members, of whom eighty-two shall be elected for 
 Ontario, sixty-five for Quebec, nineteen for Nova Scotia, and 
 fifteen for New Brunswick. 
 
 32. Until otherwise provided by Parliament, Ontario, Quebec, 
 Nova Scotia, and New Brunswick, shall for the purposes of the 
 Election of Members in the House of Commons, be and the same 
 are hereby respectively divided into Electoral Districts as fol- 
 lows : — 
 
 1. Ontario. 
 
 For the j)uri)ose of representation in Parliament, Ontario 
 shall be territorially divided into the Counties, Ridings of Coun- 
 ties, Cities, and Towns hereinafter mentioned, which shall form
 
 186 FOURTH DRAFT OF BILL 
 
 Electoral Districts, and each such Electoral District, as herein- 
 after numbered, shall be represented by one Member in the House 
 of Commons.* 
 
 2. Quebec. 
 
 Quebec shall be divided into sixty-five Electoral Districts, to 
 be composed of the sixty-five Electoral Divisions into which 
 Lower Canada is now divided, under Chapter 2 of the Consoli- 
 dated Statutes of Canada,, chapter 75 of the Consolidated 
 Statutes for Lower Canada, and the Act of the Province of 
 Canada 23 Victoria, Chapter 1, or of any other Act amending the 
 same in force at the time of the Union : and each such Electoral 
 Division is hereby constituted an Electoral District for the pur- 
 poses of this Act, and shall be entitled to return one Member to 
 the House of Commons. 
 
 3. Nova Scotia. 
 
 Each of the eighteen counties of Nova Scotia shall constitute 
 an Electoral District. The County of Halifax shall be entitled 
 to return two Members to the House of Commons, and each of 
 the other Counties one Member. 
 
 4. New Biii'xsvvicK. 
 
 New Brunswick shall be divided into fifteen Electoral Dis- 
 tricts (of which the City of Saint John shall be one, and entitled 
 to return one Member), and each of the fourteen Counties into 
 which New Brunswick is divided, shall constitute an Electoral 
 District, and shall be entitled to return one Member to the House 
 of Commons. 
 
 33. There shall be a General Census of the people taken in 
 the year One thousand eight hundredand seventy-one, and de- 
 <^ennially afterwards ; and immediately after the said Census, ard 
 immediately after every decennial census thereafter, the repre- 
 sentation from eacli Province in the House of Commons shall be 
 re-adjusted by such authority, and in such manner, as any Act of 
 Parliament from time to time directs, according to the following 
 rules : — 
 
 (1) (Quebec shall have the fixed Number of Sixty-five Mem- 
 hi rs : 
 
 * Here follows the fir.st Scliedule of the I*.. N. A. Act.
 
 FOR UNION OF ]'.. X. A. COLONIES. 18? 
 
 (2) There shall be ;us!>ij;iied to each uf ilu' Dthei- Provinces 
 such a Number of Members as shall bear the same 
 Proportion to the Number of its Population (ascertain- 
 ed at sueh Census) as the Number Sixty-five bears to 
 the Number of the Population of Quebec (so ascer- 
 tained). 
 
 (•>) In the com})utation of the Number of Members for a 
 Province a fractional part less than one-half ot" the 
 whole number requisite for entitling the Province to 
 a Member shall be disregarded ; but a fractional part 
 exceeding one-half of that number shall be equivalent 
 to the whole number, 
 
 (4) On any such Re-adjustment the Number of Members for 
 
 a I'rovince sliall not be reduced unless the Proportion 
 which the number of the Population of the Province 
 bore to the Number of the aggregate Population of 
 Canada at the then last preceding Re-adjustment of 
 the Number of Members for the Province is ascertain- 
 ed at the then latest Census to be dimished by One 
 Twentieth Part or upwards. 
 
 (5) Such Re-adjustment shall not take effect until after the 
 
 termination of the then existing Parliament. 
 
 34. The Number of Members may be from time to time in- 
 creased by Parliament provided the proportionate representation 
 of the several Provinces prescribed by this Act is not thereby dis- 
 turbed. 
 
 35. Every House of Commons shall continue for Five Years 
 from the Day of the Return of the Writs for choosing the same 
 and no longer, (subject to be sooner i)rorogued or dissolved by 
 the Governor-General). 
 
 30. Until other provisions are made by I*arliament, all the 
 laws which at the time of the Union are in force in the Provinces 
 respectively relating to the qualification and dis(iualiticatiou of 
 persons to be elected, or to sit or vote as Members of othe House 
 of Assembly or Legislative Assembly in the respective Provinces, 
 relating to tlie (jualificatiou oi' disqualification of voters, or to the 
 oaths to be taken by voters, or to Returning OflBcers, and their 
 powers and duties, or relating to the proceedings at elections, or 
 to the i)eriod during which such elections may be continued, or 
 relating to the trial of controverted elections, and the i)roceed-
 
 188 ' FOURTH DRAFT OF BILL 
 
 ings incident thereto, or relating to the vacating of seats of Mem- 
 bers, or to the execution of new writs in case of any seat being: 
 vacated otherwise than by a dissolution, shall respectively apply 
 
 to Elections of IMembers to serve in the House of Commons. 
 
 37. Every Member of the House of Commons shall, before 
 taking his seat, make and subscribe before the Governor-Greneral, 
 or some person authorized by him to administer the same, the 
 oath of Allegiance to the Queen set forth in Schedule A. 
 
 38. The Governor-Greneral shall, within six months from and 
 after the Union, cause writs to be issued in such foi-m and by such 
 person, and to such Returning Officers as he may prescribe for 
 the first election of ilembers to serve in the House of Commons, 
 and such person shall have all such and the same powers as are 
 possessed by the Officers, at the time of the passing of this Act, 
 charged with the issue of writs for the election of Members to 
 serve in the House of Assembly, or Legislative Assembly of 
 each of the Provinces of Canada, Nova Scotia, or New Brunswick,, 
 or of Returning Officers (as the case may be), and in case any 
 vacancy in the representation of an Electoral District shall occur 
 in the House of Commons before the meeting of Parliament, or 
 after the meeting of Parliament, and before provision is made by 
 Parliament in such respect, a writ in respect of such vacant 
 Electoral District may be issued in like manner, and the Gover- 
 nor shall, within six months after the Union, and thereafter from 
 time to time, as occasion shall require, in The Queen's name, and 
 by an instrnment or instruments under the Great Seal, summon 
 and call together a House of Commons. 
 
 39. The House of Commons shall, upon its first assembling, 
 after every general election, proceed forthwith to elect one of its 
 number to be Speaker, and in case of his death, resignation, or 
 removal by a vote, the said House of Commons shall forthwith 
 proceed to elect another of their Members to be Speaker ; and 
 the Speaker so elected shall preside at all Meetings of the Com- 
 mons. And until otherwise pi'OAided by Act of Parliamcur. in 
 case of the absence from the Chair of the House from any cause 
 of the Speaker of the House of Commons for a period of forty- 
 <*ight consecutive hours, the House of Commons may elect one of 
 its number to act as Speaker, and such one so appointed shall, 
 during the continued absence of the Speaker, preside at all Meet- 
 ings of the Commons, and for the time being execute all the 
 powers and privileges of the Speaker.
 
 FOR UNION OF P.. N. A. COLONIES. KS9 
 
 40. Except for the purposes of the previous section, the pre- 
 sence of at least twenty Members of the House of Commons, in- 
 cluding the Speaker, sliall be necessary to constitute a Meeting 
 of the House of Commons for the exercise of its powers,, and all 
 questions which shall arise in the Commons shall be decided by 
 the majority of voices of such Members as shall be present, other 
 than the Speaker ; and when the voices shall be equal the Speak- 
 er shall have the casting vote. 
 
 41. No Senator shall be capable of being elected, or of sitting 
 or voting as a Member of the House of Commons. 
 
 Money. 
 
 42. Bills for appropriating any part of the Public Kevenue of 
 Canada or for imposing any Tax or Impost shall originate in the 
 House of Commons. 
 
 43. It shall not be lawful for the House of Commons to or- 
 iginate or pass any vote, resolution, address, or bill for the ap- 
 propriation of any part of the Public Revenue, or of any Tax or 
 Impost, to any purpose that has not been first recommended to 
 that House by message of the Governor-General in the Session 
 in which such vote, resolution, address, or bill is proposed. 
 
 Royal Assent, &c. 
 
 44. Where a bill passed by the Houses of Parliament isi pre- 
 sented to the Governor-General for The Queen's as.-?ent, he shall 
 declare according to his discretion, but subject to the provisions 
 of this Act and to Her Majesty's instructions, either that he as 
 sents thereto in The Queen's name, or that he withholds The 
 Queen's assent, or that he reserves the Bill for the sigaificatlon 
 of The Queen's pleasure. 
 
 45. Where the Governor-General assents to a Bill in the 
 Queen's name, he shall by the first convenient opportunity send 
 an authentic copy of the Act to one of The Queen's principal Sec- 
 retaries of State, and if the Queen in Council within two years 
 after receipt thereof by the Secretary of State thinks fit to dis- 
 allow the Act, such disallowance (with a certificate of tlie Secre- 
 tary of State on the day on which the Act was received by him) 
 being signified by the Governor-General, by speech or message 
 to the Houses of Parliament, or by proclamation, shall annul the 
 Act from and after the day of such signification.
 
 190 FOURTH DRAFT OF BILL 
 
 40. A bill reserved for the sigmfication of Tlie Queeu'.s plea- 
 sure shall not have anv force unless and until within two years 
 from the day on which it was presented to the Governor-CJeneral 
 for the Queen's assent, the Governor-General signifies, by speech 
 or message to each of the Houses of Parliament oi by proclama- 
 tion, that it has received the assent of The Queen in Council ; an 
 entry of every such speech, message, or proclamation shall be 
 made in the Journal of each House, and a duplicate thereof duly 
 attested shall be delivered to the proper officer to be kept among 
 the records of Canada. 
 
 ANNUAL SESSION. 
 
 47. There shall be a Session of Parliament once at least in 
 every year, so that a period of twelve months shall not intervene 
 between the last sitting of the Parliament in one Session, and 
 the first sitting thereof in the next Session. 
 
 POWERS OF PARLIAMENT. 
 
 48. It shall be lawful for the Queen, by and with the advice 
 and consent of the Senate and House of Commons to make laws 
 for the peace, order, and good government of the Kingdom of 
 Canada, in relation to all matters not coming within the classes 
 of subjects by this Act assigned exclusively to the Legislatures ; 
 and for greater certainty, but not so as to restrict the generality 
 of the foregoing terms of this Section, it is hereby declared that 
 the Legislative Authority of Parliament extends to all matters 
 coming within the classes of subjects next hereinafter enumerat 
 ed, that is to say : — 
 
 1. The Public Debt and Property. 
 
 2. The regulation of Trade and Commerce. 
 
 3. The raising of money by all or any mode or system of 
 
 Taxation. 
 
 4. The borrowing of money on the Public Credit. 
 
 5. Postal Service. 
 
 C. Lines of Steamships or other Ships, Railways, Canals, 
 and other works connecting any two or more of the 
 Provinces together, or extending beyond the limits ot 
 any Province. 
 
 7. Lines of Steamships or other Ships between Canada and 
 other counti-ies.
 
 FOR UNION OF li. N. A. COLONIES. 191 
 
 8. Telegiai^hic Commimicatiou and the lucorporation of 
 
 Telegraph Companies. 
 
 9. All such works as shall, although lying wholly within 
 
 any Province, be specially declared by the Acts au- 
 thorizing them to be for the general advantage. 
 
 10. The Census and Statistics. 
 
 11. Militia — Military and Naval Service and Defence. 
 
 12. Beacons, Buoys, Light Houses, and Sable Island. 
 
 13. Navigation and Shipping. 
 
 14. Quarantine and the Establishment and Maintenance of 
 
 Marine Hospitals. 
 
 15. Sea Coast and Inland Fisheries. 
 
 10. Ferries between any Province and a Foreign Country, or 
 between any two Provinces. 
 
 17. Currency and Coinage. 
 
 18. Banking — lucorporation of Banks and the issue of paper 
 
 money. 
 
 19. Savings Banks. 
 
 20. Weights and Measures.- 
 
 21. Bills of Exchange and Promissory Notes. 
 
 22. Interest. 
 
 23. Legal Tender. 
 
 24. Bankruptcy and Insolvency. 
 
 25. Patents of Invention and Discovery. 
 
 26. Copy Rights. 
 
 27. Indians and Lands reserved for the Indians. 
 
 28. Naturalization and Aliens. 
 
 29. Marriage and Divorce. 
 
 30. Immigration. 
 
 31. Agriculture. 
 
 32. The Criminal Law, excepting the (^Constitution of Courts 
 
 of Criminal Jurisdiction but including the procedure 
 in Criminal matters. 
 
 33. The establishment, maintenance, and management ot 
 
 Penitentiaries. 
 
 34. Rendering uniform all or any of the law^s relative to pro- 
 
 perty and ci\il rights in Ontario, Nova Scotia, and 
 New Brunswick, and rendering uniform the procedure 
 of all or any of the Courts in these Provinces ; but 
 any Statute for this purpose shall have no force 
 or authority in any Province until sanctioned by the
 
 192 FOURTH DRAFT OF BILL 
 
 Legislature, and wlien so sanctioned the power of 
 amending, altering, or repealing such laws shall 
 thenceforward be vested in the Parliament only. 
 
 35. The establishment of a General Court of Appeal, and in 
 
 order to the due execution of the Laws of Parliament, 
 the establishment of additional Courts. 
 
 36. Fixing and providing for the salaries and allowances of 
 
 the Lieutenant Governors of the several Provinces, 
 and of all other Officers of Canada, and the salaries, 
 allowances and pensions of the Judges of the Superior, 
 District and County Courts, and of the Admiralty 
 Courts, in cases where the Judges thereof are or shall 
 be paid by salaries. 
 
 37. And such laws shall control and supersede any laws in 
 
 any wise repugnant thereto which may have been 
 made prior thereto ; and any law made by any Legis- 
 lature in pursuance of the authority hereby conferred 
 upon it in regard to matters and subjects in which 
 concurrent jurisdiction is hereby given to Parliament 
 shall, so far as the same is repugnant to or inconsis- 
 tent with any Act passed by Parliament, be null and 
 void. 
 
 Revenues, Civil List, &c. 
 
 49. From and after the Union, all Duties and Revenues over 
 which the respective Legislatures of the said Provinces before 
 and at the time of the passing of this Act had, and have power 
 of Appropriation, except such portions thereof as are by this Act 
 reserved to the Local Governments, or raised by them in accord- 
 ance with the Special powers conferred upon them by this Act. 
 shall form one Consolidated Revenue Fund, to be appropriatec' 
 for the Public Service of the Kingdom of Canada, in the manner, 
 and subject to the charges hereinafter mentioned. 
 
 50. The said Consolidated Revenue Fund of Canada shall be 
 permanently charged with all the costs, charges, and expenses 
 incident to the collection, management, and receipt thereof, such 
 costs, charges, and expenses being subject, nevertheless, to be 
 reviewed and audited in such manner as shall be ordered by the 
 Governor-General in Council until otherwise provided uy any Act 
 of Parliament.
 
 FOR UNION OF B. X. A. COLONIES. V.'o 
 
 51. Unless altered ny any Act of Parliament, the salary of 
 the Oovernor-General shall be ten thousand pounds sterling 
 money of Great Britain. 
 
 52. The expenses of the collection, niauajiement, and receipt 
 of the said Consolidated Revenue Fund shall form the first charge 
 thereon ; and the annual interest of the public debt of the Pro- 
 vinces of Canada, Nova Scotia, and New Brunswick, or either of 
 them at the time of th(^ Union, shall form the second charge there- 
 on. 
 
 58. Subject to the several payments hereby charged on the 
 said Consolidated Revenue Fund the same shall be appropriated 
 by I'arliament for the public service. 
 
 54. All stocks, cash, bankers' balances, and securities fo? 
 money belonging to each Province at the time of the Union, ex- 
 cept as hereinafter mentioned, shall be the property of Canada, 
 and sliall so far be considered as reducing tl\e amount of their 
 respective debts at the time of the Union. 
 
 55. The following Public Works and Property of each Pro- 
 vince shall be the Property of Canada, to wit : — 
 
 1. Canals, with lands and water power connected therewith. 
 
 2. Public harbours. 
 
 3. Light-houses and piers, and Sable Island. 
 
 4. Steamboats, dredges, and public vessels. 
 
 5. Rivers and lake improvements. 
 
 G. Railways and railway stocks, mortgages and other debts 
 due by railway companies. 
 
 7. 3Iilitary roads. 
 
 8. Custom-houses, post offices, and all other public buildings, 
 
 except as may be set aside by the Government of Ca- 
 nada, for the use of the Local Legislatures and Gov- 
 ernments. 
 
 9. Property transferred by the Imperial Government, and 
 
 known as Ordnance property. - 
 
 10. Armouries, drill sheds, military clothing, and munitions 
 of war, and lands set apart for general public pur- 
 poses. 
 
 56. All lands, mines, minerals, and royalties belonging to the 
 Provinces of Canada, Nova Scotia, and New Brunswick, at the 
 time of the Union, shall belong to the Provinces of Ontario, Que- 
 
 POPE CON. — lo
 
 194 FOURTH DRAFT OF BILL 
 
 bee, Nova Scotia, and New Brunswick, in which the same are so 
 situate, subject to any trusts that may exist in respect to any of 
 such lands or to any interest of other persons in respect of the 
 same. 
 
 57. All sums due for such lands, mines, or minerals at the 
 time of the Union, shall also belong to the several Provinces. 
 
 58. All assets connected with such portions of the Public 
 Debt of any Province as are assumed by such Provinces, shall 
 also belong to such Provinces. 
 
 59. Canada shall, from and after the Union, assume the 
 debts and liabilities of each Province existing at the time of the 
 Union. 
 
 GO. The Provinces of Ontario and Quebec, conjointly, shall 
 assume any excess bj' which the debt of the present Province ot 
 Canada may exceed, at the time of the Union, |62,500,000, and 
 shall be charged with interest at the rate of five per centum 
 thereon. 
 
 61. The assets enumerated in Schedule B of this Act here- 
 unto annexed, belonging at the time of the Union to the Pro- 
 vince of Canada, shall be the Property of the Provinces of On- 
 tario and Quebec conjointly. 
 
 62. Nova Scotia shall in like manner assume anj- portion of 
 its present Public Debt in excess of |8,000,000, and — 
 
 63. New Brunswick shall in like manner assume any poiiion 
 of its Public Debt in excess of |7,000,000. 
 
 64. The several Provinces shall retain all other public pro- 
 perty therein subject to the right of Canada to assume any lands 
 or ])ublic property i-equired for fortifications or for the defence 
 of the country. 
 
 65. In case Nova Scotia or New Brunswick have not con- 
 tracted debts at the time of Union equal to the amount with 
 which they are respectively entitled to enter the Union as here- 
 inafter provided, they shall receive by half-yearly payments in 
 advance from the Government of Canada, the Interest at five per 
 cent, on the difference between the actual amount of their re- 
 spective debts and such stipulated amounts.
 
 FOR UNION OF B. N. A. COLONIES. 195 
 
 GG. Tlie following sums shall be paid yearly by Canada, to 
 each Province for the support of their Local Governments and 
 Legislatures : — 
 
 Ontario |80,000 
 
 Quebec 70,000 
 
 Nova Scotia G0,000 
 
 New Brunswick 50,000 
 
 1200,000 
 
 and 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 One thousand eight hundred and sixty-one, and in the 
 case of Xova Scotia and Xew Brunswick, b}^ each subsequent 
 decennial Census until the population of each of these Provinces 
 shall amount to Four hundred thousand souls, at which rate it 
 shall thereafter remain. Such aid shall be in full settlement of 
 all future demands upon Canada for local jDurposes, and shall be 
 paid half-yearly in advance to each Province ; but the Govern- 
 ment of Canada shall deduct from such subsidy all sums paid 
 as interest on the Public Debt of any Province in excess of the 
 amount provided under the clauses. 
 
 G7. New Brunswick shall receive by half-yearly payments 
 in advance from Canada for the period of Ten years from the 
 time of the Union, an additional allowance of Sixty-three thou- 
 sand dollars per annum. But so long as the Public Debt of that 
 Province remains under Seven millions of dollars, a deduction 
 equal to the interest at five per centum on sucli deficiency shall 
 be made from the said sum of Sixty-three thousand dollars. 
 
 68. All payments to be made under this Act or in discharge 
 of liabilities created under any Act of the Provinces of Canada, 
 Nova Scotia, and New Brunswick respectively, and assumed by 
 Canada from and after the time of the Union, and until other- 
 wise directed by Parliament, shall be made in such form and 
 manner as may from time to time be ordered by the Governor- 
 General in Council. 
 
 G9. From and after the Union, the Customs and Excise Law» 
 of each Province shall continue to be in force until altered by 
 Parliament ; and in any case where the duties enacted to be 
 collected are the same, it shall be lawful for the Governor-Gen- 
 eral in Council, by proclamation to be issued from time to time, 
 to declare that such goods, wares, and merchandises may be
 
 196 FOURTH DRAFT OF BILL 
 
 imported free into any port in the Kingdom of Canada from any 
 of the Provinces of Ontario, Quebec, Nova Scotia, and New 
 Brunswick, upon proof of having already paid duty, and in cases 
 where any larger duties are enacted in any Province, it shall be 
 lawful for the Governor-General in Council in like manner to 
 authorise the importation of such goods, wares and merchan- 
 dise on payment of the difference of duty between the said Pro- 
 vinces. 
 
 70. All articles, the growth or produce, or manufacture of 
 the Provinces of Ontario, Quebec, Nova Scotia and New Bruns- 
 wick, shall be admitted free into all Ports in Canada, from and 
 after the Union. 
 
 71. No lands or property belonging to Canada or any Pro- 
 vince thereof shall be liable to taxation. 
 
 LOCAL CONSTITUTIONS. 
 
 The Executive. 
 
 72. For each of the Provinces of Ontario, Quebec, Nova Sco 
 tia, and New Brunswick, there shall be an officer, styled the Lieu- 
 tenant-Governor, to be appointed by the Governor-General in 
 
 ^Counci], under the Great Seal of Canada. 
 
 73. A Lieutenant-Governor shall hold office during- the plea- 
 sure of the Governor-General, but any Lieutenant-Governor ap- 
 pointed after the commencement of the first Session of the Par- 
 liament of Canada, shall not be removable within five years from 
 his appointment, except for cause assigned, which shall be com- 
 municated to him in writing within one month after the order 
 for his removal is made, and shall be communicated by message 
 to each of the Houses of Parliament within one week thereafter, 
 if Parliament is then sitting, and if not, then within one week 
 after the commencement of the next session of Parliament; and 
 in the event of the absence, or illness, or inability from any other 
 cause of the Lieutenant-Governor to discharge the duties of his 
 office, the Governor-General in Council may appoint an AdmiL- 
 istrator to execute the office and functions of Lieutenant-Gov- 
 ernor during such absence, illness or other inability. 
 
 74. The Lieutenant-Governor of Quebec may, by a proclama- 
 tion to be issued by him for that purpose under the Great Seal 
 of the Province, and to take effect from a day to be namea
 
 FOR UNION OF B. N. A. COLONIES. 197 
 
 therein, constitute Townships in those parts of the Province of 
 Quebec in which Townships are not already constituted, and 
 may fix the metes and bounds thereof. 
 
 THE LEGISLATURES. 
 
 1. Ontario. 
 
 75. There shall be a Legislature for Ontario which shall 
 
 consist Ol the Lieutenant-Governor and of one Ciiamber to be 
 called the Legislative Assembly of Ontario. 
 
 76. The Legislative Assembly of Ontario shall be composed 
 of eighty-tv\o Members, to be elected to represent the eighty-two 
 Electoral Districts in Ontario, set forth in section of this Act. 
 
 2. Quebec. 
 
 77. There shall be a Legislature for Quebec whicli shall con- 
 sist of the Lieutenant-Governor and two Houses, to be called the 
 Legislative Council of Quebec and the Legislative Assembly of 
 Quebec. 
 
 78. The Legislative Council of Quebec shall be composed of 
 twenty-four Members, to be appointed by the Lieutenant-Gover- 
 nor, under the Great Seal of Quebec, each of whom shall hold 
 office for the term of his life ; but if any Legislative Councillor 
 shall, for two consecutive Sessions of the Legislature, fail to 
 give his attendance in the said Council, or if he shall take any 
 oath or make any declaration or acknowledgment of allegiance, 
 obedience or otherwise, to any foreign Prince or Power, or shall 
 do, concur in, or adopt any act whereby he may become a sub- 
 ject or a citizen of any foreign state or power, or whereby he 
 may become entitled to the rights, privileges, or immunities of a 
 subject or citizen of any foreign State or Power, or shall cease 
 to have any of the qualifications required by this Act, or shall 
 become bankrupt or take the benefit of any Act relating to in- 
 solvent debtors, or become a defaulter, or be attainted of treason, 
 or be convicted of felony, or of any infamous crime, his seat in 
 the said Council shall thereby become vacant. 
 
 79. The Members of the Legislative Council shall each be 
 of the full age of thirty years, shall each be a. natural born subject 
 of the Queen, or her subject naturalised by Act of the Parliament 
 of the United Kingdom of Great Britain and Ireland, or by an 
 Act of any or either or one of the Legislatures of the l*rovinces 
 of Canada, Upper Canada, Lov/er Cnnr.da, Xova Sc:'tia or N'^w
 
 108 FOURTH DRAFT OF BILL 
 
 Brunswick, or by an Act of the Parliament of Canada liereby 
 created, and shall each be legally or equitably seised or entitled 
 as of freehold for his own use and benefit of lands or tene- 
 ments held in free and common socage, or seised and possessed for 
 his own use and benefit of lands or tenements held in franc-alleu 
 or roture, in Quebec, of the value of four thousand dollars over 
 and above all debts, charges, dues, and incumbrances thereon, 
 and shall each be and continue to be worth the sum last afore- 
 said over and above his debts and liabilities. 
 
 80. Each of the twenty-four Legislative Councillors shall be 
 appointed to represent one of the twenty-four Electoral Divi- 
 sions of Lower Canada mentioned in Schedule A of Chapter 
 First of the Consolidated Statutes of Canada, and such Legisla- 
 tive Councillor shall reside or possess his qualification in the 
 Electoral Division he is appointed to represent. 
 
 81. Whenever after the first appointment a vacancy in the 
 Legislative Council shall take place, it shall be lawful for the 
 Lieutenant-Governor, in the Queen's Name, by an instrument 
 under the Great Seal of Quebec, to summon to the said Legisla- 
 tive Council a person duly qualified according to the provisions 
 of this Act to fill such vacancy. 
 
 82. Every Legislative Councillor shall, before taking his 
 seat, make and subscribe, before the Lieutenant-Governor oi 
 some person or persons authorised by him to administer the 
 same, the Oath of Allegiance to the Queen, and make the de- 
 claration of qualification in Schedule A mentioned. 
 
 83. Any Legislative Councillor may, by writing under his 
 hand, addressed to the Lieutenant-Governor, resign his seat in 
 the Legislative Council, and thereupon such seat shall become 
 vacant 
 
 84. If any question respecting the qualification of a Legis- 
 lative Councillor, or respecting a vacancy in the Legislative 
 Council shall arise, the same shall be heard and determined by 
 the Legislative Council. 
 
 85. The Lieutenant-Governor shall have power, by an in- 
 strument under th? Great Seal of Quebec, to appoint one Mem- 
 ber of the Legislative Council to be Speaker thereof, and to re- 
 move him and appoint another in his stead. 
 
 80. Subject to alteration by the Legislature of Quebec, the 
 presence of at least ten Members of the Legislative Council, in-
 
 FOR UNION" OF ]'.. X. A. COLONIES. 190 
 
 eluding the Speaker, shall be necessary to constitute a Meeting 
 for the exercise of its powers. 
 
 87. The Speaker shall vote as other Members, and in case of 
 an equality of votes, it shall be held that the decision is in the 
 negative. 
 
 88. The Legislative Assembly of Quebec shall be composed 
 of sixty-five Members to be elected to represent the sixty-five 
 Electoral Divisions into which Lower Canada is now divided, 
 under Chapter 2 of the Consolidated Statutes of Canada, Chapter 
 75 of the Consolidated Statutes for Lower Canada, and the Act 
 of the Province of Canada 2'.) Victoria, Chapter 1, or of any other 
 Act amending the same in force at the time of the Union : Pro- 
 vided that it shall not be lawful to present to the Lieutenant- 
 Governor for assent any Bill of the Legislative Council and 
 Assembly of Quebec, by which the limits of the Electoral Divi- 
 sions mentioned in the Schedule hereto annexed, marked E. may 
 be altered, unless the second and third readings of such Bill m 
 the Legislative Assembly shall have been passed with the con- 
 cui'rence of the majority of the Members for the time being of 
 the said Legislative Assembly, representing the Electoral Divi- 
 sions mentioned in said Schedule marked C, and the assent shall 
 not be given to such Bill unless an Address has been presented 
 by the Legisl'ative Assembly to the Lieutenaut-Grovernor that 
 such Bill has been so passed. 
 
 XovA Scotia and New Brunswick. 
 
 89. The constitution of each of the Provinces of Nova Scotia 
 and New Brunswick shall, subject to the Provisions of this Act, 
 continue as now established at the time of the Union, until 
 altered or amended under the authority of this Act. and the 
 House of Assembly of New Brunswick shall, unless sooner dis- 
 solved, continue for the period for which it was elected. 
 
 Powers of the Legislattue. 
 
 90. In each Province, the Legislature may make Laws in 
 relation to matters coming within the classes of subjects next 
 hereinafter enumerated : — 
 
 (1) The amendment from time to time of their Constitu- 
 tions except as relates to the office of Lieutenant- 
 Governor:
 
 200 FOURTH DRAFT OF BILL 
 
 (2) Direct taxation within the Province in order to the 
 
 raising of a revenue for Provincial Purposes, and re- 
 serving to New Brunswick the right to collect the 
 Lumber Dues provided in Chapter 15, Title III. of tne 
 Kevised Statutes of that Province, and any amend- 
 ment thereof made before or after this Act comes 
 into operation, which does not increase the amount, 
 but excepting therefrom the Lumber of any other 
 Province: 
 
 (3) The borrowing of money on the credit of the Province: 
 
 (4) The establishment and tenure of Provincial offices, and 
 
 the appointment and payment of Provincial officers: 
 
 (5) The management and sale of the public lands belonging 
 
 to the Province, and all Timber and Wood grown 
 thereon : 
 
 (fi) The establishment, maintenance, and management of 
 public and reformatory prisons in and for the Pro- 
 vince: 
 
 (7) The establishment, maintenance, and management of 
 
 hospitals, asylums, charities and eleemosynary insti- 
 tutions in and for the Province (other than marine 
 hospitals) : 
 
 (8) Municipal institutions in the Province: 
 
 (0) Shop, saloon, tavern, auctioneer, and other licenses, in 
 order to the raising of a revenue for provincial, local, 
 or municipal i^urposes: 
 
 (10) Works and Undertakings: 
 
 (11) The incorporation of Companies. 
 
 (12) The solemnisation of marriage. 
 
 (13) Property and Civil Rights but excepting such portions 
 
 thereof hereby assigned to Parliament. 
 
 (14) The administration of justice in the Province, including 
 
 the constitution, maintenance, and organisation of 
 Courts, both of Civil and Criminal Jurisdiction, and 
 including procedure in Civil Matters in those Courts. 
 
 (15) The imposition of punishment by fine, penaltj^, or im- 
 
 prisonment for enforcing any Provincial Law made in 
 relation to any matter coming within any of the 
 classes of subjects enumerated in this section.
 
 FOR UNION OF 15. N. A. COLONIES. 201 
 
 (16j And generally all matters of a private or local nature 
 not assignetl to Pjirliament. 
 
 91. In each Province the Legislature may make Laws in rela- 
 tion to Education in the Province subject and according to the 
 following provisions : — 
 
 (1) Nothing in an}- such law shall prejudicially affect any 
 
 right or privilege with respect to Denominational 
 Schools which any class of persons have by Law in 
 the Province at the Union. 
 
 (2) All the powers, privileges, and duties by Law con- 
 
 ferred and imposed in tapper Canada, at the time of 
 the Union, on the separate Schools and School Trus- 
 tees of The Queen's Roman Catholic subjects, shall be 
 extended to the Dissentient Schools of The Queen's 
 Protestant and Roman Catholic subjects in Lower 
 Canada. 
 
 (3) Where in any Province a system of separate or Dis- 
 
 sentient Schools by Law obtains or is hereafter 
 established by the Legislature thereof, an appeal 
 shall lie to the Governor-General in Council from any 
 Act or decision of any Provincial authority affecting 
 any right or privilege of the Protestant or Catholic 
 minority in relation to Education. 
 
 (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 the proper Provincial Au- 
 thority in that behalf, then and in every such case, 
 and as far only as the circumstances of each case re- 
 quire, the Parliament of Canada shall have power to 
 make remedial Laws for the due execution of the pro- 
 visions of this section and of any such decision of the 
 Governor-General in Council. 
 
 Revenues, &c. 
 
 02. From and after the I^nion, such portions of th ^ duties and 
 revenues, over which the respective Legislatures of the said Pro- 
 vinces, before the period thereof, had power of appropriation,.
 
 202 FOURTH DRAFT OF BILL 
 
 which are by this Act reserved to the Local Governments or 
 Legishitures ; and all duties and revenues by them hereafter 
 raised in accordance with the special powers conferred upon 
 them by this Act, shall form in each Province one Consolidated 
 Eevenue Fund to be appropriated for the public service of the 
 said Province. 
 
 Mlscellaxeous Sections PiEspecting Ontario and Quebec. 
 
 The following sections are applicable to Ontario and Que- 
 bec only : — 
 
 93. The Lieutenant-Governors of Ontario and Quebec shall 
 respectively, within six months after the Union, and thereafter 
 from time to time, as occasion may require, in the Queen's Name, 
 and hj an instrument or instruments under the Great Seal of 
 the Province summon and call together a Legislative Assem- 
 bly in and for each Province. 
 
 94. Every Member of the Legislative Assembly shall, before 
 taking his seat, make and subscribe before the Lieutenant-Gov- 
 ernor, or some person authorised by him to administer the same, 
 the oath of allegiance to the Queen set forth in Schedule A. 
 
 95. The Legislative Assembly shall, upon its first assembl- 
 ing, after every general election, proceed forthwith to elect one 
 of its number to be Speaker, and in case of his death, resigna- 
 tion, or removal by a vote, the said Legislative Assembl}' shall 
 forthwith proceed to elect another of their Members to he 
 Speaker : and the Speaker so elected shall preside at all Meet- 
 ings of the Commons. And until otherwise provided by Act of 
 the Legislature, in case of the absence from the Chair of the 
 House from any cause of the Speaker of the Legislative Assem- 
 bly for a period of forty-?ight consecutive hours, the Legislative 
 Assembly may elect one of its number to act as Speaker, and 
 such one so appointed shall, during the continued absence of 
 the Speaker, preside at all Meetings of the Legislative Assembly, 
 and for the time being execute all the powers and privileges of 
 the Speaker. 
 
 90. All powers, authorities, and functions which by any Act 
 passed by the Imperial Parliament, or by any Act passed by the 
 Legislature of the Provinces of Lower and Upper Canada re- 
 spectively, or by the Legislature of the Province of Canada, were 
 or are vested in or authorised or required to be exercised by 
 the respective Governors or Lieutenant-Governors of Canada, or
 
 FOU UNION OF 15. N. A. C(H/)XIES. 20'i 
 
 of Lower Canada or Upper Canada, with the advice or with the 
 adviee and consent of the Executive Council of such Provinces 
 respectively, or in conjunction with such Executive Council, or 
 with any number of the Members thereof, or by the said Uov- 
 ernors or Lieutenant-Governors individually and alone shall, in 
 so far as the same are not repugnant to or inconsistent with the 
 provisions of this Act, be vested in and may be exercised by 
 the Lieutenant-Governors of Ontario and Quebec respectively, 
 with the advice or with the advice and consent of or in conjunc- 
 tion, as the case may require, with such Executive Council, or 
 any Meaubers thereof as may be appointed for the atfairs of On- 
 tario and Quebec, or by the Lieutenant-Governor of Ontario or 
 Quebec respectively, indiAidually and alone, in cases wnere the 
 advice, consent, or concurrence of the Executive Council is not 
 required. 
 
 1)7. The Lieutenant-Governors of Ontario and Quebec may 
 each appoint, under the Great Seal of the Province, and to hold 
 offic:^ daring- pleasure, the following officers, that is to say : — 
 The Attorney-General, the Secretary, and Kegistrar of the Pro- 
 vince, the Treasurer of the Province, tlie Commissioner of 
 Crown Lands, and the Commissioner of Agriculture and 
 and Public Works (and for Quebec the Solicitor-General), 
 and may, by and under Order in Council from time to 
 time, prescribe the duties of such officers and of the several de- 
 partments over which they shall preside, or to which they shall 
 belong, and of the officers and clerks thereof ; and may also 
 appoint other and additional officers to hold office during plea- 
 sure, and may from time to time prescribe the duties of such 
 officers, and of the several departments over which they shall 
 preside, or to which they shall belong, and of the officers and 
 clerks thereof ; and all rights, powers, duties, functions, respon- 
 sibilities, or authorities now vested or imposed in or upon any 
 Attorney-General, Secretary, and Registrar of the Province of 
 Canada, Minister of Finance, Commissioner of Crown Lands, 
 Commissioner of Public Works, and Minister of Agriculture, by 
 any Law, Statute, or Ordinance of the former Provinces of Lower 
 Canada and Upper Canada, or of the Province of Canada, and not 
 repugnant to this Act shall be vested in or imposed upon any 
 officer to be appointed by the Lieutenant-Governor for the dis- 
 charge of the same or any of them, unless and until, and in such 
 case in so far only as such rights, powers, duties, or authorities 
 be varied, altered, amended, or repealed by the Legislature of
 
 204 FOURTH DRAFT OF BILL 
 
 the Province, and the Commissioner of Agriculture and Public 
 Works shall, until it is otherwise ordered by the Legislature, 
 combine and perform the duties and functions of the office of 
 Minister of Agriculture as now imposed by the law of the Pro- 
 vince of Canada, as well as those of the Commissioner of Public 
 Works. 
 
 98. The Executive Councils of Ontario and Quebec may each 
 be composed of the Attorney-Creneral, the Secretary and Regis- 
 trar of the Province, the Treasurer of the Province, the Com- 
 missioner of Crown Lands and the Commissioner of Agriculture 
 and Public Works, and in Quebec, of the Speaker of the Legisla- 
 tive Council and of the Solicitor-General, and of any other per- 
 sons who may at any time, or from time to time be appointed 
 to the office of Executive Councillor by instrument under the 
 Great Seal, and to hold office during pleasure. 
 
 99. f ntil altered by the Lieutenant-Governon* in Council the 
 Great Seal of Ontario and Quebec respectively shall be the same, 
 or of the same design, in each of the said Provinces, as that used 
 in the Provinces of Upper Canada and Lower Canada, prior to 
 their Union as the Province of Canada. 
 
 100. Xo person accepting or holding any office, commission, 
 or employment, permanent or temporary, at the nomination of 
 the Crown, in either of the Provinces of Ontario or Quebec to 
 which an annual salary, or any fee, allowance, emolument or 
 profit of any kind or amount whatever from the Crown is at- 
 tached, shall be eligible as a Member of the Legislative Assembly 
 of either Province, nor shall he sit or vote as such ; but nothing 
 in this section shall render ineligible as aforesaid any person 
 being a Member of the Executive Council of either of the sairt 
 Provinces, or holding any of the following offices, that is to say, 
 of Attorney-General, Secretary and Registrar of the Province, 
 Treasurer of the Province, Commissioner of Crown Lands, and 
 the Commissioner of Agriculture and Public W^orks, and for Que- 
 bec, the Solicitor-General, or shall disqualify him to sit or vote 
 in the House for which he is elected, provided he be elected 
 while holding such office and not otherwise disqualified. 
 
 101. All laws, statutes, and ordinances of the former Pro- 
 vinces of Lower and Upper Canada, or of the Province of Can- 
 ada, now in force in the Province of Canada in respect to 
 public lands, or to timber or jniblic lands, and the sale 
 and management tliereof respectively, and to public works,
 
 FOR UXIOX OF P.. N. A. COLONIES. 205 
 
 and to the Bureau of Ag-riculture and AgrifuHuial Socie- 
 ties, shall so far as they are not repugnant to this Act, be 
 and continue in force, and applicable to the Trovinces of On- 
 tario and Quebec respectively, unless and until and in such case 
 in so far only as such laws, statutes, and ordinances be varied, 
 altered, amended, or repealed by the Legislature of the Pro- 
 vince. 
 
 102. Until other provisions are made by the Legislature of 
 Ontario and Quebec respectively, changing the same in either of 
 the said Provinces, all the laws which at the time of the Union 
 shall be in force in each of the said Provinces respectively, re- 
 lating to the qualification and disqualification of any person to 
 be elected or to sit or vote as a Member of the Assembly of the 
 Province of Canada, and relating to the qualification or disqiuili- 
 ficatiou of voters and to the oaths to be taken by voters and to 
 Returning Officers and their powers and duties, and relating to the 
 proceedings at elections and to the period during which such elec- 
 tions may be continued, and relating to the trial of controverted 
 elections and the proceedings incident thereto, and relating to 
 the vacating of the seats of Members and to the issuing and ex- 
 ecution of new writs in case of any seat being vacated otherwise 
 than by a dissolution, shall respectively apply to elections of Mem- 
 bers to serve in the said Legislative Assembly of Ontario, and 
 in the said the Legislative Assembly of Quebec : Provided that 
 at the first Election for a Member of the Legislative Assembly 
 for the District of Algoma, all persons otherwise qualified ex- 
 cept in respect to real property, who are householders, shall have 
 tlie right to vote at the said Election. 
 
 lOll The Legislative Assembly of Ontario and the Legisla- 
 tive Assembly of Quebec respectively, shall continue for four 
 years from the day of the return of the writs for choosing the 
 same and no longer, subject nevertheless to either the Legislative 
 Assembly of Ontario, or the Legislative Assembly of Quebec, 
 being sooner prorogued or dissolved by the Lieutenant-Oovernor 
 of either of the said Provinces respectively ; and except for tne 
 purpose of Election of a Speaker the presence of at least twenty 
 Members of the Legislative Assembly, including the Speaker, 
 shall be necessary to constitute a Meeting of the said Legislative 
 Assembly for the exercise of its powers ; and all questions which 
 shall arise in the said Assembly shall be decided by the majority
 
 20G FOURTH DRAFT OF BILL 
 
 of voices of such Members as shall be present, other than the 
 Speaker, and when the voices shall be equal, the speaker shall 
 have the casting voice. 
 
 104. There shall be a session of the Legislature of each of 
 the said Provinces once at least every year, so that a period of 
 twelve months shall not intervene between the last sitting of the 
 Legislature in each Province in one session, and the first sitting 
 thereof in the next session. 
 
 105. And whereas the Legislature of the Province of Canada 
 have from time to time passed enactments, which enactments 
 were to continue in force for a certain number of years after the 
 passing thereof, and from thence to the end of the then next 
 ensuing Session of the Legislatures of the Province in which the 
 same were passed, therefore be it enacted, etc., that whenever 
 the words " and from thence to the end of the then next ensuing 
 Session of the Legislature,'' or words to the same effect, have 
 been used in any temporary Act of the Province of Canada, 
 which shall not have expired before the Union, the said words 
 shall be construed to extend and apply to the next Session of 
 the Parliament of Canada, if the subject thereof be within the 
 powers of the same, as herein defined, or to the next Sessions of 
 the Legislatures of Ontario and Quebec respec-tively, if tlie sub- 
 ject thereof be within the powers of the same, as herein definea. 
 
 lOG. All Laws, Statutes, and Ordinances, which at the time 
 of the L'nion shall be in force within the said Province of Can- 
 ada, or the Provinces of Lower Canada or Upper Canada, or 
 either of them, or any part of the same Provinces respectively, 
 shall remain and continue to be of the same force, authority, 
 and effect within the Provinces of Ontario and Quebec respec- 
 tively, as if this Act had not been made, except in so far as the 
 same are repealed or varied by this Act, or in so far as the same 
 shall or may hereafter, by virtue and under the authority of this 
 Act, be repealed or varied by any Act or Acts of Parliament or 
 of the Legislatures of Ontario or Quebec respectively, as the case 
 may be. 
 
 107. All the Courts of Civil and Criminal Jurisdiction within 
 Ihe Province of Canada, or within Lower Canada, or Upper Can- 
 ada, and all legal Commissions, Powers, and Authorities, and all 
 Officers judicial, administrative, or ministerial within the said 
 Province of Canada, or within Lower Canada, or Upper Canada, 
 except in so far as the same may be abolished, altered, or varied
 
 FOR UXIOX OF a N. A. COLONIES. 207 
 
 by, or may be iiuousisteiit with the rrovisions of this Act, or 
 shall be abolished, altered, or varied by any Act or Acts of Par- 
 liament of the Legislatures of the rroviuces of Ontario and Que- 
 bec respectively, as the case may be, shall continue to subsist 
 within Ontario and Quebec in the same form and with the same 
 effect as if this Act had not been passed. 
 
 108. From and after the Union the use of the words " Upper 
 Canada " instead of " Ontario," or " Lower Canada " instead of 
 " Quebec," in any deed, document, writ, process, pleading, matter 
 or thing whatsoever, shall not invalidate the same. 
 
 109. Any proclamation under the Great Seal of the Pro- 
 vince of Canada which shall, at the time of the Union have been 
 issued to take effect on a day or at a time which may be subse- 
 quent to the said Union and whether relating to the said Pro- 
 vince or to Lower Canada, or to Upper Canada, and the several 
 matters and things therein proclaimed shall be, remain, and con- 
 tinue of full force and effect from and after the day or time men- 
 tioned in such Proclamation. 
 
 110. Any proclamation authorised by any Act of the Legisla- 
 ture of the Province of Canada to be issued under the Great Seal 
 of the Province of Canada, and whether relating to the said Pro- 
 vince, or to Lower Canada, or to Upper Canada, and which shall 
 not, at the time of the Union, have been issued, may be issued by 
 the Lieutenant-Governor of Ontario or Quebec, as the subject 
 matter of such proclamation may require under the Great Seal 
 thereof, and from and after the issue of such proclamation the 
 same and the several matters and things therein proclaimed shall 
 be, remain and continue of full force and effect in such Province. 
 
 111. The Provincial Penitentiary of Canada shall, until 
 otherwise provided by Parliament, be and continue the Peniten- 
 tiary of and for Ontario and Quebec respectively. 
 
 112. The division and adjustment of the debts, credits, lia- 
 bilities, properties and assets of the Provinces of Upper and 
 Lower Canada, shall be referred to the arbitrament of three ar- 
 bitrators, one to be chosen by the Government of Ontario, the 
 other by the Government of Quebec and the third by the Gov- 
 ernment of Canada ; and the selection of the arbitrators shall 
 not take place until after Parliament and the Legislatures for 
 Ontario and Quebec have been elected, and the third arbitrator 
 shall not be a resident in either Ontario or Quebec.
 
 208 FOURTH DRAFT OF BILL 
 
 113. The Governor-General in Council may from time to time 
 order that such and so many of the records, books and docu- 
 ments as belong to the Province of Canada shall be appropriated 
 and delivered either to Quebec or Ontario, and the same shall 
 thenceforth become the property of such Province ; and any copy 
 or extract therefrom, duly certified by the officer having charge 
 of the original thereof, shall be deemed and taken as evidence in 
 the Courts of either Province. 
 
 114. The Lieutenant-Governors of Ontario, Quebec, and 
 Nova Scotia respectively shall cause writs to be issued for the 
 first Election of Members of thei Legislative Assembly in such 
 form and by such persons as he may prescribe, and at such time 
 and to such Keturning Officer as the Governor-General shall 
 direct ; and so that the first Election of Member of Assembly 
 for any Electoral District shall be held at one and the same 
 time with the Election for Member of the House of Assembly 
 for such Electoral Division. 
 
 Mlscellaneous Sections Respecting Ontario, Quebec, Nova 
 Scotia and New Brunswick. 
 
 115. The following sections are applicable to Ontario, Que- 
 bec, Nova Scotia, and New Brunswick : — 
 
 IIG. Bills for appropriating any part of the Public Revenue, 
 or for imposing any Tax or Impost shall originate in the Legis- 
 lative Assembly of each Province. 
 
 117. It shall not be lawful for the Legislative Assembly of 
 any Province to originate, or pass any vote, resolution, address, 
 or bill for the appropriation of any part of the Public Kevenue, 
 or of any tax or impost, to any purpose that has not been first re- 
 commended to that House by message of the Lieutenant-Gover- 
 nor in the Session in which such vote, resolution, address, or bill 
 is proposed. 
 
 118. Where a bill passed is presented to the Lieutenant- 
 Governor for his assent, he shall declare according to his dis- 
 cretion, but subject to the provisions of this Act, either that he 
 assents thereto or that he withholds his consent, or that he re- 
 serves the Bill for the signification of the pleasure of the Gov- 
 ernor-General. 
 
 119. Where the Lieutenant-Governor assents to a Bill he 
 shall by the first convenient opportunity send an authentic copy
 
 FOR UNIOX OF B. N. A. COLON TES. 209 
 
 of the Act to the Governor-General, and if the Governor-General 
 in Council within one year after the passing thereof, thinks fit 
 to disallow the Act, such disallowance being signified by the 
 Governor-General to the Lieutenant-Governor, or by proclama- 
 tion, shall annul the Act from and after the day of such signifi- 
 cation or proclamation. 
 
 120. A Bill reserved foil' the signification of the Governor- 
 General's pleasure shall not have any force unless and until 
 within one year from the day on which it was reserved, the Gov- 
 ernor-General signifies to the Lieutenant-Governor, or by pro- 
 clamation that it has received the assent of the Governor-Gen- 
 eral in Council ; an entry of every such signification or proclama- 
 tion when transmitted by message from the Lieutenant-Governor, 
 shall be made in the Journals of each House, as the case may be. 
 
 Miscellaneous. 
 
 121. It shall be lawful for Parliament by any Act or Acts 
 to define the privileges, immunities and powers to be held, en- 
 joyed, and exercised by the Senate and the House of Commons, 
 and by the Members thereof respectively : Provided that no such 
 privileges, immunities, or powers, shall exceed those now held, 
 enjoyed and exercised by the Commons House of the Imperial 
 Parliament, or the Members thereof. 
 
 122. The Parliament and Government of Canada shall have 
 all powers necessary or proper for performing the obligations 
 of Canada or of any Province thereof, as part of the British Em- 
 pire to Foreign Countries, arising under treaties between the 
 
 . Empire and such Foreign Countries. 
 
 123. The Governor-General shall appoint the Judges of the 
 Superior, District and County Courts in each Province, and until 
 the consolidation of the Law^s of Ontario, Nova Scotia, and New 
 Brunswick, such Judges shall be selected from their respective 
 Bars. 
 
 124. The Judges of the Courts of Quebec shall be selected 
 from the Bar of Quebec. 
 
 125. The Judges of the Superior Courts shall hold their of- 
 fices during good behaviour, and shall be removable on the ad- 
 dress of both Houses of Parliament. 
 
 POPE CON. — 14
 
 210 FOURTH DRAFT OF BILL. 
 
 126. Notwithstanding anything in this Act, any Act of Par- 
 liament may from time to time make provision in relation to : — 
 
 (1) Agriculture in all or any of the Provinces. 
 
 (2) Immigration into all or any of the Provinces, 
 
 (3) All works and undertakings. 
 
 And in each Province the Legislature may make provision in 
 relation to : — 
 
 (1) Agriculture in the Province. 
 
 (2) Immigration into the Province. 
 
 (3) All works and undertakings in the Province : 
 
 But any Law passed by such Legislature shall have the force 
 of law in and for the Province as long and so far only as it is 
 not repugnant to any Act of Parliament. 
 
 127. Either the English or the French language may be used 
 by any person in the Debates of the Houses of Parliament, 
 and of the Houses of the Legislature of Quebec, and both 
 of these languages shall be used in the respective records 
 and journals of Parliament and of the Legislature of Quebec, and 
 the Laws and Statutes of Parliament, and of the Legislature of 
 Quebec, shall be printed and published in separate volumes of 
 the English and French languages respectively, and either of 
 those languages may be used by any person or in any pleading 
 or process in or issuing from any Court of Canada, created under 
 this Act, and in or from all or any of the Courts of Quebec. 
 
 128. It shall be lawful for the Queen at any time hereafter 
 to admit into the Union all or any of the Colonies or Provinces 
 of Newfoundland, Prince Edward Island, or Rupert's Land, or 
 the North-Western Territory, or British Columbia, on such terms 
 and conditions as the Parliament of Canada shall deem equitable, 
 and as shall receive the assent of The Queen ; and in the case 
 of Newfoundland , Prince Edward Island and British Columbia, 
 as shall be agreed upon by their respective Legislatures ; and in 
 the event of the admission of Newfoundland and Prmce Ed- 
 ward Island, or either of them, each shall be entitled to a. repre- 
 sentation in the Senate of Canada of four Members, but after the 
 admission of Prince Edward Island into the Union, the repre- 
 sentation of Nova Scotia and New Brunswick in the Senate of 
 Canada upon any reduction by death or otherwise to the number 
 of Ten Members from each or either of those Provinces shall not
 
 FOR UNION OF U. N. A. COLONIES. 211 
 
 be replaced beyond that number, except as provided by the 
 sections of this Act ; and it shall be lawful for The Queen, upon 
 any such admission into the Union at any time hereafter, to 
 declare by proclamation, that any or either of the (.'olonies or 
 Provinces of Newfoundland, Prince Edward Island, Rupert's 
 Land, the North Western Territory, or British Columbia, upon, 
 from, and after a certain day in such proclamation to be ap- 
 pointed shall so form a portion of the Kingdom of Canada, and 
 henceforth the same as the case may be, shall be and become 
 a portion of the Kingdom, upon, from, and after the day so ap- 
 pointed as aforesaid, and upon such terms and conditions as may 
 be expressed in such Proclamation. 
 
 Intercolonial Railway. 
 
 129. And whereas the construction of a. railway from the 
 River St. Lawrence to the city of Halifax, in the Province of 
 Nova Scotia is necessary : 
 
 And whereas it has been agreed between the Provinces that 
 such railway shall be constructed with all convenient speed. 
 
 Be it enacted, that the General Government shall within six 
 months after the union commence such railway, and within three 
 years thereafter complete the same. 
 
 SCHEDULE A. 
 
 Substantially the same as the fifth schedule of the B. N. A.. 
 Act. 
 
 SCHEDULE B. 
 
 Substantially the same as the fourth schedule of the B. N. A. 
 Act. 
 
 SCHEDULE C. 
 
 Same as the second schedule of the B. N. A. Act.
 
 Confidential. Revise, 9 Feb. 1867. 
 
 British North America. 
 
 DEAFT 
 
 OF A 
 
 BILL 
 
 FOR 
 
 The Union of Canada, Nova Scotia, and New 
 Brunswick, and the Government thereof as 
 united; and for Purposes connected therewith. 
 
 "TTT^HEREAS the Provinces of Canada, Nova Sco- 
 T f tia, and New Brnnswick have expressed their 
 Desire to be federally united into one Domin- 
 ion under the Crown of the United Kingdom of Great 
 Britain and Ireland, with a Constitution similar in Prin- 
 ciple to that of the United Kingdom : 
 
 And whereas such a Union would conduce to the 
 Welfare of the Provinces and promote the Interests of 
 the British Empire : 
 
 And whereas on the Establishment of the Union bv 
 Authority of Parliament it is expedient, not only that the 
 Constitution of the Legislative Authority in the Domin- 
 ion be provided for, but also that the Nature of the 
 Executive CTOvernment therein be declared : 
 
 And whereas it is expedient that provision be made 
 for the eventual Admission into the Union of other 
 Parts of British NortJi America : 
 
 Be it therefore enacted and declared by the Queen's 
 Most Excellent Majesty, by and with the Advice and 
 Consent of the Lords Spiritual and Temporal, and Com- 
 mons, in this present Parliament assembled, and by the 
 Authority of the same, as follows :
 
 FOR UNION OF B. N. A. COLONIES. 213 
 
 I. — PRELIMINARY. 
 
 1. This Act may be cited as the Bi-itish North short title. 
 America Act, 1867. 
 
 2. The Provisions of this Act referring- to Her Ma-Appiica- 
 jesty the Queen extend also to the Heirs and Successors ^^^ V^. 
 ot Her JMajesty, Kings and Queens ot the United Kingdom referring 
 of Great Britain and Ireland. Q^eeL 
 
 II.— Union. 
 
 3. It shall be lawful for the Queen, by and ^vith theDedara- 
 Advice of Her Majesty's Most Honourable Privy Council, xj^"j;J 
 to declare by Proclamation that, on and after a Day 
 therein appointed, not being more than Six Months after 
 
 the passing of this Act, the Provinces of Canada, Nova 
 Scotia and New Brunswick shall form and be One Domin- 
 ion under the Name of Canada ; and on and after that 
 Day those three Provinces shall form and be One Domin- 
 ion under that Name accordingly. 
 
 4. The subsequent Provisions of this Act shall, un-Constmc- 
 less it is otherwise expressed or implied, commence ou*|^^g°^^ 
 and after the Union ; that is to say, on and after the Day ent Pro- 
 appointed for the Union taking effect in the Queen's Act! 
 Proclamation ; and in the same Provisions, unless it is 
 otlierwise expressed or implied, the Name Canada shall 
 
 be taken to mean Canada as constituted under this Act. 
 
 Provinces. 
 
 5. Canada shall be divided into Four Provinces, Four Pro- 
 named Ontario, Quebec, Nova Scotia, and New Bruns-^'"'^^^" 
 wick. 
 
 0. The Parts of the Province of Canada (as it exists Provinces 
 at the passing of this Act) which formerly constituted °[,^j^^*^^"^ 
 respectively the Provinces of Upper Canada and Lower bee. 
 Canada shall be deemed to be severed, and shall form 
 Two Sepai-ate Provinces. The Part which formerly con- 
 stituted the Province of Upper Canada shall constitute 
 the Province of Ontario, and the Part which formerly 
 constituted the Province of Lower ('^inada shall consti- 
 tute the Province of Quebec.
 
 214 
 
 riVAL DRAFT OF BILL. 
 
 Provinces 7. The ProTinces of XoTa Scotia and New Bruns- 
 
 Scotia and wick shall havB the same Limits as at the passing of tJiis 
 
 New . Apf 
 Brunswick ^ ^ '" 
 
 Decennial 
 Census. 
 
 8. In the general Census of the Population of Can- 
 ada which is hereby required to be taken in the Year 
 One thousand eight hundred and seventy-one, and in 
 every Tenth Year thereafter, the respective Populations 
 of the Four Provinces shall be distinguished. 
 
 Declara- 
 tion of 
 Executive 
 Power in 
 the Queen. 
 
 Applica- 
 tion of 
 Provisions 
 referringto 
 Governor 
 General. 
 
 Constitu- 
 tion of 
 Privy 
 Council. 
 
 Powers to 
 be exercis 
 ed by Gov 
 ernor 
 General 
 with Ad- 
 vice or 
 alone. 
 
 III. — Executive Power. 
 
 9. The Executive Government and Authority of and 
 over the Dominion of Canada is hereby declared to con- 
 tinue and be vested in the Queen. 
 
 10. The Provisions of this Act referring to the 
 Grovernor-Greneral shall extend and apply to the Gover- 
 nor-General for the Time being of the Dominion of Can- 
 ada, or other the Chief Executive Officer or Administra- 
 tor for the Time being carrying on the Government of 
 Canada on behalf and in the Name of the Queen, by 
 whatever Title he is designated. 
 
 11. There shall be a Council to aid and advise in the 
 Government of Canada, to be styled the Queen's Privy 
 Council for Canada ; and the Members of that Council 
 shall be from Time to Time chosen and summoned by 
 the Governor-General and sworn in as Privy Councillors, 
 and may be from Time to Time removed by the Governor- 
 General. 
 
 12. All Powers, Authorities, and Functions which by 
 '. any Act of the Parliament of Great Britain, or of the Par- 
 liament of the United Kingdom of Great Britain and Ire- 
 land, or of the Legislature of Upper Canada, Lower Can- 
 ada, Canada, Nova Scotia, or New Brunswick, are at the 
 Union vested in or authorized or required to be exercised 
 by the respective Governors or Lieutenant-Governors of 
 those Provinces, with the Advice, or with the Advice and 
 Consent, of the respective Executive Councils thereof, 
 or in conjunction with those Councils, or with any Num- 
 ber of Members thereof, or 'by those Governors or Lieu- 
 tenant-Governors individually, as far as the same relate 
 to the (Jovernment of Canada and continue in existence
 
 FOR UNION OF B. N. A. COLONIES. 215 
 
 and capable of beinji^ exercised after the Union, shall be 
 vested in and shall or may be exercised by the Governor- 
 General, with the Adnce or with the Advice and Con- 
 sent of or in conjunction with the Queen's l*rivy Council 
 for Canada, or any Members thereof, or by the Governo'/- 
 General individually, as the cas-3 requires. 
 
 13. The Pro^^sions of this Act referring- to the Gov-tionc'r 
 ernor-General in Council shall be construed as referring ^^°^'^j||i"'' 
 to the Governor-General acting by and with the Advice to Gc.ver- 
 of the Queen's Privy Council for Canada. ral in 
 
 Council. 
 
 14. The Governor-General may appoint any Person Appoint- 
 or any Persons jointly or severally to be his Deputy or^™*^°^^ 
 Deputies within any Part or Parts of Canada, and in tliat by Gover- 
 Capacity to exercise during the Pleasure of the Governor- ral. 
 General such of the Powers, Authorities, and Functions 
 
 of the Governor-General as the Governor-General deems 
 it necessary or expedient to assign to him or them ; but 
 the Appointment of such a Deputy or Deputies shall not 
 affect the Exercise by the Governor-General himself of 
 any Power, Authority, or Function. 
 
 15. The Commander-in-Chief of the Land and Xaval Coiumand 
 Militia, and of all Naval and Military Forces, of and inyo^eT.^^ 
 the Dominion of Canada, is hereby declared to continue 
 
 and be vested in the Queen. 
 
 IG. Until the Queen otherwise directs the Seat of^^'^*^°f 
 
 ^ Govern- 
 
 Government of Canada shall be Ottawa. ment of 
 
 Canada. 
 
 IV. — Legislative Power. 
 
 17. There shall be One Parliament for Canada, con-Coustitu- 
 sisting of the Queen, an Upper House styled the Senate, p°"ija. 
 and the House of Commons. ment of 
 
 Canada. 
 
 18. The Privileges, Immunities, and Powers to be Privileges, 
 held, enjoyed, and exercised by the Senate and House of j^*;jj^g. 
 Commons and the Members thereof respectively shall be 
 
 such as are from Time to Time deHned by Act of the Parlia- 
 ment of Canada, but so that the same shall never exceed 
 those at the passing of this Act held, enjoyed, and ex- 
 ercised by the Commons House of Parliament of the 
 United Kingdom of Great Britain and Ireland ca- the 
 Members thereof.
 
 21(3 FINAL DRAFT OF BILL. 
 
 First Ses- 19. The Parliament of Canada shall be called to- 
 
 Pariia- gethei' not later than Six Months after the Union. 
 
 meiit. 
 
 Annual Session. 
 
 Yearly 20. There shall be a Session of the Parliament of 
 
 Farlia- Canada once at least in every Year, so that a Period of 
 ment. Twelve Months shall not intervene between the last Sit- 
 ting of the Parliament in one Session and the first Sitting 
 thereof in the next Session. 
 
 The Senate. 
 
 Number of 21. The Senate shall, subject to the Provisions of this 
 
 Act, consist of Seventy-two Members, who shall be styled 
 Senators. 
 
 Represen- 22. In relation to the Constitution of the Senate Can- 
 
 Provinces ada shall be deemed to consist of Three Divisions : — 
 
 in Senate. -, ^ j^ • 
 
 1. Ontario ; 
 
 2. Quebec ; 
 
 3. The Maritime Provinces, Nova Scotia and New 
 
 Brunswick ; 
 
 which Three Divisions shall (subject to the Provisions of 
 this Act) be equally represented in tlie Senate as follows: 
 Ontario by Twenty-four Senators ; Quebec by Twenty- 
 four Senators ; and the Maritime Provinces by Twenty- 
 four Senators, Twelve thereof representing Nova Scotia, 
 and Twelve thereof representing New Brunswick. 
 
 In the case of Quebec each of the Twenty-four Sena- 
 tors representing that Province shall be appointed for 
 One of the Twenty-four Electoral Divisions of Lower 
 Canada specified in Schedule A. to Chapter One of the 
 Consolidated Statutes of Canada. 
 
 Quaiifica- 23. The Qualifications of a Senator shall be as fol- 
 
 tions of , 
 Senators. 'OWS : 
 
 (1) He shall be of the full Age of Thirty Years : 
 
 (2) He shall be either a Natural-boi-n Subject of 
 
 the Queen, or a Subject of tlie Queen natura- 
 lized by an Act of the Parliament of Great 
 Britain, or of the Parliament of the Tnited 
 Kingdom of Great Britain and Ireland, or of 
 the Legislature of One of the I'rovinces of
 
 FOR UNION OF H. N. A. COLONIES. 217 
 
 Upper Canada, Lower Canada, Canada, Nova 
 Scotia, or New Brunswick, before the Union, 
 or of the Parliament of Canada -after the 
 Union : 
 
 (3) He shall be legally or equitably seised as of 
 
 Freehold for his own Use and Benefit of 
 Lands or Tenements held in Free and Com- 
 mon Socage, or seised or possessed for his 
 own Use and Benefit of Lands or Tene- 
 ments held in Franc-alleu or Eoture, within 
 the Pronnce for which he is appointed, of 
 the Value of Four thousand Dollars, over 
 and above all rents, Dues, Debts, Charges, Mort- 
 gages, and Incumbrances due or payable out 
 of or charged on or affecting the same : 
 
 (4) His JJ^roperty shall be worth Four Thousand 
 
 Dollai's over and above his Debts and Lia- 
 bilities : 
 
 (5) He shall be resident in the Pro^ince for which 
 
 he is appointed : 
 
 (G) In the Case of Quebec he shall have his real 
 Propert}' Qualification in the Electoral Divi- 
 sion for which he is appointed, or shall be 
 resident in that Division. 
 
 24. The Governor-General shall from Time to Time,/gy,j^jj^„ng 
 by Instrument under the Great Seal of Canada, sum- o^ ^«'°'^to''. 
 mon qualified Persons to the Senate ; and, subject to the 
 Provisions of this Act, every Person so summoned shall 
 become and be a Member of the Senate and a Senator. 
 
 25. Such Persons shall be first summoned to the Summons 
 Senate after the Union as the Queen by Warrant under ^^^^"'^'f 
 Her Majesty's Royal Sign Manual thinks fit to approve/Senators. 
 
 26. If at any Time on the Recommendation of the Addition 
 
 ^< ^ '\ .-, ^^ , -1 • 1 r. , , T J . 1 of Senators 
 
 Governor-General the Queen thinks fit to direct that in certain 
 Three or Six Members be added to the Senate, tlie Gov-^^^®*^- 
 ernor-General may summon toi the Senate such Three or 
 Six Persons (as the Case may be) representing equally 
 the Three Divisions of Canada.
 
 218 
 
 FIXAL DRAFT OF BILL. 
 
 S'^Senate" "^' ^^ ^'^^^ °^ ^^^^ Appointment at any Time of such 
 
 to normal additional Three or Six Senators the Governor-General 
 ]S umbers. ^^^^ jjq^ Summon any Person to the Senate, except on a 
 further like Direction by the Queen on the like Recom- 
 mendation, until each of the Three Divisions of Canada 
 is represented by Twenty-four Senators and no more. 
 
 Maximum 28. The Number of Senators shall not at anv Time, 
 
 Number oi ,.,,,, . i • . i • . * 
 
 Senators, notwithstaudmg anything- m this Act, exceed Seventy- 
 eight. 
 
 Legisla- 
 tive Coun- 
 cillors of 
 Provinces 
 hecommg 
 Senators. 
 
 Tenure of 
 place in 
 Senate. 
 
 Resigna- 
 tion of 
 Place. 
 
 Disqualifi- 
 cation of 
 Senators. 
 
 29. Any Person who, being a Member of the Legisla- 
 tive Council of Nova Scotia or New Brunswick, accepts a 
 Place in the Senate shall thereby vacate his Seat in such 
 Legislative Council, and if any Person, being a Member of 
 the Legislative Council of Canada, Nova Scotia^ or New^ 
 Brunswick, to whom a Place in the Senate is offered, does 
 not within Thirty Days thereafter by Writing under his 
 Hand, addressed to the Governor-General accept the 
 same, he shall be deemed to have declined the same. 
 
 30. A Senator shall, subject to the Provisions of this 
 Act, hold his Place in the Senate for Life. 
 
 31. A Senator may by Writing under his Hand ad- 
 dressed to the Governor-Cieneral resign his place in the 
 Senate, and thereupon the same shall be vacant. 
 
 32. The Place of a Senator shall become vacant in 
 any of the following Cases : — 
 
 (1) If for Two consecutive Sessions of the Parlia- 
 
 ment he fails to give his Attendance in the 
 Senate : 
 
 (2) If he takes an Oath or makes a Declaration or 
 
 Acknowledgment of Allegiance, Obedience, or 
 Adherence to a Foreign Powder, or does an 
 Act whereby he becomes a Subject or Citizen, 
 01' entitled to the Rights or Privileges of a 
 Subject or Citizen, of a Foreign Power : 
 
 (3) If he is adjudged Bankrupt or Insolvent, or ap- 
 
 plies for the Benefit of any Law relating to 
 Insolvent Debtors, or becomes a public De- 
 faulter :
 
 FOR UNION OF H. N. A. COLONIES. 219 
 
 (4) If he is attainted of Treason or convicted of 
 
 Felony or of any infamous Crime : 
 
 (5) If lie ceases to^ be qualified in respect of I'ro- 
 
 perty or of Residence ; provided, that a 
 Senator shall not be deemed to have ceased 
 to be qualified in respect of Residence by rea- 
 son only of liis residino- at tlie Seat of the 
 Government of Canada while holdint;- an 
 Office under that Government reciuiriii^ his 
 Presence there. 
 
 33. When a Vacancy happens in the Senate by Re- summons 
 signatinn, Death, or otherwise, the Governor-General |^^"^^f" 
 shall by Summons to a fit and (lualified Person fill the 
 Vacancy. 
 
 34. If anv Question arises respecting the Qualiflca- Questions 
 
 . r^ as to Va- 
 
 tion of a Senator or a \acancy m the Senate the samccancies, 
 shall be heard and determined by the Senate. '^^ 
 
 3"). The Governor-General may from Time to Time, Speaker of 
 I)y 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. 
 
 30. Until the Parliament of Canada otherwise pro- (Quorum of 
 vides. the Presence of at least Fifteen Senators, including 
 the Speaker, shall be necessary to constitute a Meeting 
 of the Senate for the Exercise of its Powers. 
 
 37. Questions arising in the Senate shall be decided Voting' in 
 
 Senate. 
 
 by a Majority of Voices, and the Speaker shall in all 
 'Cases have a Vote, and when the Voices are equal the 
 Decision shall be deemed to be in the Negative. 
 
 House of Commons. 
 
 38. The House of Commons sliall, subject to the I'ro- Constitu- 
 visions of this Act, consist of One hundred and eighty-one h'," "e of 
 Members, of whom eighty-two s^hall be elected for ()n- Commons. 
 tario. Sixty-five for Quebec, Nineteen for Nova Scotia, 
 
 and Fifteen for New Brunswick. 
 
 80. The Governor- General shall from Time to Time, Smnmon- 
 in the Queen's Name, by Instrument under the Great Sealg^^^^of 
 of Canada, summon and call together the House of Com- Commons. 
 nious.
 
 Four Pro- 
 vinces. 
 
 220 FINAL DRAFT OF BILL. 
 
 Exclusion 40. A Senator shall not be capable of belns elected 
 
 ofsenators. ^ ^ 
 
 or of sitting or voting as a Member of the House of Com- 
 mons. 
 
 Electoral Districts. 
 Electoral 41. Until the Parliament of Canada otherwise pro- 
 
 Divisions . T y-v . ^ 
 
 of the_ vides Ontario, Quebec, 2s ova Scotia, and >*ew Brunswick 
 shall, for the Purposes of the Election of Members to 
 serve in the House of Commons, be divided into Electoral 
 Districts as follows : — 
 
 1. — OXTARIO. 
 
 Ontario shall be divided into the Counties, Ridings 
 of Counties, Cities, Parts of Cities, and Towns enumerated 
 in the Schedule to this Act, each whereof 
 
 shall be an Electoral District, and each such District as 
 numbered in that Schedule entitled to return One Mem- 
 ber. 
 
 2. — Quebec. 
 
 Quebec shall be divided into Sixty-five Electoral Dis- 
 tricts, composed of the Sixty-five Electoral Divisions into 
 which Lower Canada is at the passing of this Act divided 
 under Chapter Two of the Consolidated Statutes of Cana- 
 da, Chapter Seventy-five of the Consolidated Statutes for 
 Lower Canada, and the Act of the Pi'ovince of Canada 
 of the Twenty-third Year of the Queen, Chapter One, or 
 any other Act amending the same in force at the Union, 
 so that each such Electoral Division shall be for the Pur- 
 poses of this Act, an Electoral District entitled to return 
 one Member. 
 
 3. — XovA Scotia. 
 
 Each of the Ein;hteen 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 ilember. 
 
 4. — New Brunswick. 
 
 Each of the Fourteen Counties into which New 
 P>runswick is divided, including the City aud County of 
 St. John, shall be an Electoral District. The City of St.
 
 FOR UXlOX OF B. N. A. COLONIES. 221 
 
 John shall also be a separate Electoral District. Each 
 of those Fifteen Electoral Districts shall be entitled to 
 return One Member. 
 
 42. Until the Parliament of Canada otherwise pro-Continu- 
 vides, all Laws in force in the several Provinces at the Existing 
 Union relative to the following- Matters or any of them, Lawsl°" 
 namely, — the Qualifications and Disqualifications of Per- 
 sons to be elected or to sit or vote as Members of the 
 House of Assembly or Legislative Assembly in the re- 
 spective Provinces, the Voters at Elections of such Mem- 
 bers, the Oaths to be taken by Voters, the Returning Offi- 
 cers, their Powers and Duties, the Proceedings at Elec- 
 tions, the Periods during whicli Elections may be con- 
 tinued, the Trial of Controverted Elections, and Proceed- 
 ings incident thereto, the vacating of Seats of Members, 
 and tlie Execution of new Writs in case of Seats vacated 
 otherwise than by Dissolution, — shall respectively apply 
 to Elections of Members to serve in the House of Com- 
 mons. 
 
 Until the Parliament of Canada otherwise provides, 
 at any Election for a Member of the House of Commons 
 for the District of Algoma every Householder otherwise 
 qualified except in respect of Real Property shall, not- 
 withstanding anything in this Act, have a Vote. 
 
 43. For the First Election of Members to serve in the Writs for 
 
 First 
 
 tioii. 
 
 House of Commons the Governor-General sliall cause 
 
 Writs to be issued by such Person, in such Form, and ad- 
 dressed to such Returning Officers as he thinks fit. 
 
 The Person issuing Writs under this Section shall 
 have the like Powers as are possessed at the Union by 
 the Officers charged with the issuing of Writs for the 
 Election of Members. to serve in the respective House of 
 Assembly or Legislative Assembly of the Province of 
 Canada, Xova Scotia, or New Brunswick ; and the Re- 
 turning Officers to whom Writs are directed under this 
 Section shall have the like Powers as are possessed at 
 the Union by the Officers charged with the Returning of 
 Writs for the Election of Members to serve in the same 
 respective House of Assembly or Legislative Assembly.
 
 222 FINAL DRAFT OF BILL. 
 
 Casual 44, In case a Vacancy in the Kepresentation in the 
 
 House of Commons or any Electoral District happens be- 
 fore the Meeting of the Parliament, or after the Meetnig 
 of the Parliament before Provision is made by the Parlia- 
 ment in this Behalf, a Writ in respect of such vacant Dis- 
 trict may be issued in like Manner. 
 
 Speaker of 45. The House of Commons on its first assembling 
 
 Commons, after a General Election shall proceed with all practicable 
 
 Speed to elect One of its Members to be Speaker. 
 
 Vacancy 46. In case of a Vacancy happening in the Office of 
 
 Speaker. Speaker by Death, Resignation, or otherwise, the House 
 of Commons shall with all practicable Speed proceed to 
 elect another of its Members to be Speaker. 
 
 Speaker to 47. The Speaker shall preside at all Meetings of the 
 
 preside. t-^ <? /^ 
 
 House of Commons. 
 
 Provision 48. Until the Parliament of Canada otherwise pro- 
 
 ofSpeaker. 'vides, in case of the Absence for any Reason of the Spea- 
 ker from the Chair of the House of Commons for a Period 
 of Fortj'-eight consecutive Hours, the House may elect 
 another of its Members to act as Speaker, and the Mem- 
 ber so elected shall during the Continuance of such Ab- 
 sence of the Speaker have and execute all the Powers,. 
 Privileges, and Duties of Speaker. 
 
 Quorum cf 49. The presence of at least Twenty Members of the 
 
 Commons H^^i^se of Commous shall be necessary to constitute a 
 Meeting of the House for the Exercise of its Powers ; and 
 for that Purpose the Speaker shall be reckoned as a Mem- 
 ber. 
 Voting in 50. Questions arising in the House of Commons shall 
 
 Commons, be decided by a Majority of Voices other than that of 
 the Speaker, and when the Voices are equal but not 
 otherwise, the Speaker shall have a Vote. 
 Decennial ^^ q^ ^-^^ Completion of the Census in the Year One 
 
 Ke-adjust- ^ pit. 
 
 ment of tliousand eight hundred and seventy-one, and of each sub- 
 
 R-dDrGSGri" 
 
 tation. sequent decennial Census, the Representation of the Four 
 Provinces shall be re-adjusted by such Autliority, in such 
 Manner, and from such Time, as any Act of the Parlia- 
 ment of Canada from Time to Time directs, according to- 
 the following Rules : —
 
 FOR UNION OF B. N. A. COLONIES. 223 
 
 (1) Quebec shall have the fixed Xumbei* of fsixty- 
 
 five Members : 
 
 (2) There shall be assigned to each of the other 
 ' Provinces such a Number of Members as will 
 
 bear the same Proportion to the Number of 
 its Population (ascertained at such Cen.sus) 
 as the Number Sixty-five bears to the Num- 
 ber of the Population of Quebec (so ascer- 
 tained) : 
 
 (3) In the Computation of the Number of Members 
 
 for a Province a fractional Part less than One 
 Half of tlie whole Number requisite for en- 
 titling the Province to a Member shall be dis- 
 regarded ; but a fractional Part exceeding 
 One Half of that Number shall be equivalent 
 to the whole Number : 
 
 (4) On any such Re-adjustment the Number of 
 
 Members for a Province shall not be reduced 
 unless the Proportion which the Number of 
 the Population of the Province bore to the 
 Number of the aggregate Population of the 
 United Colony at the then last preceding Re- 
 adjustment of the Number of Members for 
 the Province is ascertained at the then latest 
 Census to be diminished by One Twentieth 
 Part or upwards : 
 
 (5) Such Re-adjustment shall not take effect until 
 
 the termination of the then existing Parlia- 
 ment : 
 
 52. The Number of Members of the House of Com- increase of 
 
 _, _, , T 1 A i P j_i Number of 
 
 mens may be from Time to Time increased by Act of the House of 
 Parliament of Canada, provided the proportionate Re-^^™"™"^®' 
 presentation of the Provinces prescribed b}' this Act is 
 not thereby disturbed. 
 
 53. Everv House of Commons shall continue for Five T^uration 
 
 of House of 
 
 Years from the Day of the Return of the "Writs for choos- Commons. 
 ing the House (subject to be sooner dissolved by the Gov- 
 ernor-General), and no longer.
 
 224 FINAL DRAFT OF BILL. 
 
 V, — Money Votes ; Royal Assent, &c. 
 
 rirtKnd 54. Bills for appropriating- any Part of the Public 
 
 Tax Bills. Revenue of Canada, or for imposing any Tax or Impost, 
 
 shall originate in tlie House of Commons. 
 Recom- 55. It shall not be lawful for the House of Commou* 
 
 luendation 
 
 of Money to adopt or pass any Vote, Resolution, Address, or Bill 
 votes. j^j, ^j^^ Appropriation of any Part of the Public Revenue, 
 or of any Tax or Impost, to any Purpose that has not 
 been first recommended to that House by Message of the 
 Governor-General in the Session in which such Vote, Re- 
 solution, Address, or Bill is proposed to be adopted or 
 passed. 
 Royal As- 55. Where a Bill passed by the Houses of the Parlia- 
 
 sent) t)o ^ -1 * - >--j 
 
 Bills, &c. ment is presented to the Governor General for the 
 Queen's Assent, he shall declare, according to his Discre- 
 tion, but subject to the Provisions of this Act and to Her 
 Majesty's Instructions, either that he assents thereto in 
 the Queen's Name, or that he withholds the Queen's As- 
 sent, or that he reserves the Bill for the Signification of 
 the Queen's pleasure. 
 Disallow- 57. Where the Governor-General assents to a Bill in 
 
 Order m the Quesu's Name, he shall by the first convenient Oppor- 
 ' Act as-^ °^ tunity send an authentic Copy of the Act to One of Her 
 sented to Majesty's Principal Secretaries of State, and if the Queen 
 nor. °^*"^ in Council within Two Years after Receipt thereof by the 
 Secretary of State thinks fit to disallow the Act, such 
 Disallowance (with a Certificate of the Secretary of State 
 of the Day on which the Act was received by him) being 
 signified by the Governor General, by Speech or Message 
 to the Houses of the Parliament or by Proclamation, 
 shall annul the Act from and after the Day of such Signi- 
 fication. 
 Significa- 5^^^ j^ j^[\\ reserved for the Signification of the 
 
 Pleasure Queeu's Pleasure shall not have any Force unless and 
 se^'r^id.'"'" until within Two Years from the Day on which it was 
 presented to the Governor-General for the Queen's As- 
 sent, the Governor-General signifies, by Speech or Mes- 
 sage to each of the Housed of the Parliament or by Pro- 
 clamation, that it has received the Assent of the Queen 
 in Council.
 
 FOR UNION OF B. N. A. COLONIES. 225 
 
 An entry of every such Speech, Message, or Procla- 
 mation shall be made in the Journal of each House, and 
 
 a duplicate thereof duly attested shall be delivered to the 
 proper Officer to be kept among the Records of Canada. 
 
 VI. — Provincial Constitutions. 
 
 Lieutenant-Governors : 
 
 59. For each Province there shall be an Officer, Lieuten- 
 styled the Lieutenant-Governor, appointed by the Gover- ^0^3 of ^^'^" 
 nor-General in Council by Instrument under the Great P'^^^i'^^"''* 
 Seal of Canada, 
 
 60. A Lieutenant-Governor shall hold ofRce durino- Tenure of 
 the Pleasure of the Governor-General, but any Lieutenant- Lieutenant 
 Governor appointed after the Commencement of the First ^°^®'^'^°''- 
 Session of the Parliament of Canada shall not be remov- 
 able within Five Years from his Appointment, except for 
 Cause assigned, which shall be communicated to him in 
 Writing within One Month after the Order for his Re- 
 moval is made, and shall be communicated by Message 
 
 to the Senate and to the House of Commons within One 
 Week thereafter if the Parliament is then sitting, and if 
 not then within One Week after the Commencement of 
 the next Session of the Parliament. 
 
 61. The Salaries of the Lieutenant-Governors shall ^'''''^7®* °^ 
 
 Lieuten- 
 
 be fixed and provided by Act of the Parliament of Canada, ant Gover- 
 nors. 
 
 62. Every Lieutenant Governor shall, before assum-Q^^^jj ^^ 
 ing the Duties of his Office, make and subscribe before f^ J^i®'^' 
 
 ° ' tenant 
 
 the Governor-General or some Person authorized by him Governor, 
 to administer the same. Oaths of Allegiance and Office 
 similar to those taken by the Governor-General. 
 
 63. The Provisions of this Act referring to the Lieu- Applica- 
 tenant-Governor shall extend and apply to the Lieutenant- Provisions 
 Governor for the Time being or other the Chief Execu- referring 
 
 » " to Lieu- 
 
 tive Officer or Administrator for the Time being carrying tenant 
 on the Government of the Province, by whatever title he ^ ^ 
 is designated. 
 
 64. The Lieutenant-Governors of Ontario and Quebec menrof 
 may each appoint under the Great Seal of the Province, offices for 
 and to hold Office during Pleasure, the following Officers, Ontario 
 that is to say, the Attorney-General, the Secretary and bee. 
 
 POPE COK. — 15
 
 226 FINAL DRAFT OF BILL. 
 
 Kegistrar of the Province, the Treasurer of the Province,, 
 the Commissioner of Crown Lands, and the Commissioner 
 of Agriculture and Public Works, and in the Case of Que- 
 bec, the Solicitor-General ; and may, by and under Order 
 in Council, from Time to Time prescribe the Duties of 
 such Officers and of the several Departments over which 
 they shall preside or to which they shall belong, and of 
 the Officers and Clerks thereof ; and may also appoint 
 other and additional Officers to hold Office during Plea- 
 sure, and may from Time to Time prescribe the Duties 
 of such Officers, and of the several Departments over 
 which they shall preside or to which they shall belong, 
 and of the Officers and Clerks thereof ; and all Rights, 
 Powers, Duties, Functions, Responsibilities, or Authori- 
 ties at the passing of this Act vested or imposed in or up- 
 on any Attorney-General, Secretary and Registrar of the 
 Province of Canada, Minister of Finance, Commissioner 
 of Crown Lands, Commissioner of Public Works, and 
 Minister of Agriculture, by any Law, Statute, or Ordin- 
 ance of the former Provinces of Upper Canada and Lower 
 Canada, or of the Province of Canada, and not repugnant 
 to this Act, shall be vested in or imposed upon any Officer 
 to be appointed by the Lieutenant-Governor for the Dis- 
 charge of the same or any of them, unless and until and 
 as far only as such Rights, Powers, Duties, or Authorities 
 be varied, altered, amended, or repealed by the Legisla- 
 ture of the Province. 
 
 The Commissioner of Agriculture and Public Works 
 shall, until it is otherwise ordered by the Legislature,, 
 combine and perform the Duties and Functions of the 
 Office of Minister of Agriculture as at the passing of this 
 Act imposed by the Law of the Province of Canada, as well 
 as those of the Commissioner of Public Works. 
 
 Executive 65. The Executive Councils of Ontario and Quebec 
 
 oFo'n'^^ may each be composed of the Attorney-General, the Sec- 
 terioand retary and Registrar of the Province, the Treasurer of the 
 Province, the Commissioner of Crown Lands, and the 
 Commissioner of Agriculture and Public Works ; and in 
 Quebec, of the Speaker of the Legislative Council and of 
 the Solicitor-General, and of any other Persons at any
 
 FOR UNION OF B. N. A. COLONIES. 227 
 
 Time or from Time to Time appointed to the Office of 
 Executive Councillor by Instrmnent under the Great Seal, 
 and to hold Office during Pleasure. 
 
 06. Until altered by the Lieutenant-Governor in^^e'it 
 Council the Great Seal of Ontario and Quebec respective- 
 ly shall be the same, or of the same Design, in each of the 
 said Provinces as that used' in the Provinces of Upper 
 Canada and Lower Canada before their Union as the Pro- 
 vince of Canada. 
 
 67. All Powers, Authorities, and Functions which by Powers to 
 any Act of the Parliament of Great Britain, or of the Par- ^^ by""^"^' 
 liament of the United Kingdom of Great Britain and lie- ^ieuten- 
 
 ant Gover- 
 
 land, or of the Legislature of Upper Canada, or of Lower nor with 
 Canada, or of the Province of Canada, were or are before aione?^ °^ 
 or at the Union vested in or authorized or required to be 
 exercised by the respective Governors or Lieutenant-Gov- 
 ernors of those Provinces, witb the Advice, or with the 
 Advice and Consent, of the respective Executive Councils 
 thereof, or in conjunction with those Councils, or with 
 any Number of Members thereof, or by those Governors 
 or Lieutenant-Governors individually as far as the same 
 relate to the Government of Ontario and Quebec respec- 
 tively, and are capable of being- exercised after the Union, 
 shall be vested in and shall or may be exercised by the 
 Governor-General, with the Advice or with the Advice 
 and Consent of or in conjunction with, the Executive 
 Council appointed for the Afi'airs of Ontario and Quebec 
 respectively, or any Members thereof, or by the Lieuten 
 ant-Governor individually, as the Case requires. 
 
 68. The Provisions of this Act referring to the Lieu- Applica- 
 
 tion of 
 
 tenant-Governor in Council shall be construed as refer- Provisions 
 ring to the Lieutenant-Governor of the Province acting [q Li""-^ 
 by and with the Advice of the Executive Council thereof, tenant 
 
 ^ Governor 
 
 in Council. 
 
 69. In the event of the Absence or Illness or Inabil- . , . . 
 
 Admmis- 
 
 ity from any other Cause of the Lieutenant-Governor to tration in 
 discharge the Duties of his Office, the Governor-General ^c^q^^'"' 
 in Council mav appoint an Administrator to execute the Lieuten- 
 
 • ^ 1 • . ^"*' ^over- 
 
 Office and Functions of Lieutenant-Governor durmg such nor. 
 
 Absence, Illness, or other Inability.
 
 228 
 
 FINAL DRAFT OF BILL. 
 
 ments. 
 
 Seats of 70. Unless and until the Executive Government of 
 
 Provincial 
 
 Govern- any Provmce otherwise directs with respect to that Pro- 
 vince, the Seats of Government of the Provinces shall be 
 as follows ; namely, of Ontario, the City of Toronto ; of 
 Quebec, the City of Quebec ; of Nova Scotia, the City of 
 Halifax ; and of New Brunswick, the City of Fredericton. 
 
 Legislatures of Provinces. 
 1. — Ontario. 
 
 Legisla- 
 ture for 
 Ontario. 
 
 Electoral 
 Districts. 
 
 71. There shall be a Legislature for Ontario cont^ist- 
 ing of the Lieutenant-Governor and of One House, styled 
 the Legislative Assembly of Ontario. 
 
 72. The Legislative Assembly of Ontario shall be 
 composed of Eighty-two Members, to be elected to repre- 
 sent the Eighty-two Electoral Districts, set forth in the 
 Schedule to this Act. 
 
 2. — Quebec. 
 Legisia- 73 There shall be a Legislature for Quebec consist- 
 
 ture for ... - 
 
 Quebec, iiig of the Lieutenant-Govemor and of Two Houses, styled 
 the Legislative Council of Quebec and the Legislative As- 
 sembly of Quebec. 
 
 Constitu- 
 tion of 
 Legisla- 
 tive Coun- 
 eil. 
 
 Qualifica- 
 tion of 
 Legisla- 
 tive Coun- 
 cillors for 
 Quebec. 
 
 Disquali- 
 cation of 
 Legisla- 
 tive Coun- 
 cillors for 
 Quebec. 
 
 Vacancies. 
 
 74. The Legislative Council of Quebec shall be com- 
 posed of Twenty-four Members, to be appointed by the 
 Lieutenant-Governor, under the Great Seal of Quebec, one 
 being appointed to represent each of the Twenty-four 
 Electoral Divisions of Lower Canada in this Act, referred 
 to, and each holding Office for the Term of his Life. 
 
 75. The Qualifications of the Legislative Councillors 
 of Quebec shall be the same as those for the Senators for 
 Quebec. 
 
 7G. The Place of a Legislative Councillor of Quebec 
 shall become vacant in the like Cases, mutatis mutandis 
 in which the Place of Senator becomes vacant under this 
 Act. 
 
 77. WTien a Vacancy happens in the Legislative 
 Council by Death, Resignation, or otherwise, the Lieuten- 
 ant-Governor, in the Queen's Name, by Instrument under
 
 FOR UNION OF B. N. A. COLONIES. 229 
 
 the Great Seal of Quebec, shall summon to the said Legis- 
 lative Council a fit and qualified Person to fill the 
 Vacancy, 
 
 78. A Legislative Councillor may, by Writing under Resigna- 
 his Hand addressed to the Lieutenant-CTOveruor, resign Seat, 
 his Seat in the Legislative Council, and thereupon the 
 same shall be vacant. 
 
 79. If any Question arises respecting the Qualifica- Questions 
 tion of a Legislative Councillor, or a Vacancy in the Legis-cancies,&c 
 lative Council, the same shall be heard and determined 
 
 by the Legislative Council. 
 
 80. The Lieutenant-Governor may from Time to Time, Speaker of 
 by Instrument under the Great Seal of Quebec, appoint (Jq^^j.^*'^® 
 a Member of the Legislative Council to be Speaker there- 
 of, and may remove him and appoint another in his Stead. 
 
 81. Until the Legislature of Quebec otherwise pro-Quommof 
 
 Lepfisla- 
 
 vides, the presence of at least Ten Members of the Legis-tive Coun- 
 lative Council, including the Speaker, shall be necessary 
 to constitute a Meeting for the Exercise of its Powers. 
 
 82. The Speaker shall vote as other Members, and in 
 case of an Equality of Votes it shall be held that the De- 
 cision is in the Negative. 
 
 83. The Legislative Assembly of Quebec shall be com- 
 posed of Sixty-five Members, to be elected to represent 
 the Sixty-five Electoral Divisions or Disti'icts of Lower 
 Canada in this Act referred to, subject to Alteration of 
 those Divisions by Act of the Legislature of Quebec : Pro- 
 vided that it shall not be lawful to present to the Lieu- 
 tenant-Governor for Assent any Bill of the Legislative 
 Council and Assembly of Quebec by which the Limits of 
 the Electoral Di\isions or Districts mentioned in the 
 Schedule to this Act are altered, unless the Second and 
 Third Headings of such Bill in the Legislative Assembly 
 have been passed witli the Concurrence of the Majority 
 of the Members for the Time being of the said Legislative 
 Assembly representing those Electoral Divisions or Dis- 
 tricts, and the Assent shall not be given to such Bill un- 
 less an Address has been presented by the Legislative 
 Assembly to the Lieutenant-Goveraor stating that such 
 Bill has been so passed.
 
 230 FINAL DRAFT OF BILL. 
 
 First Ses- 84. The Legislatures of Ontario and Quebec respec- 
 
 Legisia- tively sliall be called together not later than Six Months 
 *"'^'- after the Union. 
 
 Summon- 35 rjij^^ Lieutenant-Grovernors of Ontario and Quebec 
 
 ing 01 ^ 
 
 Legislative respectively shall from Time to Time, in the Queen's 
 Name, by Instrument under the Great Seal of the Pro- 
 vince, summon and call together the Legislative Assem- 
 bly of the Province. 
 
 Restricticn gg ^ Persou accepting or holding any Office, Com- 
 tion of mission, or Employment, permanent or temporary, at 
 Officers? the Nomination of the Lieutenant-Governor, in either of 
 the Provinces of Ontario or Quebec to which an annual 
 Salary, or any Fee, Allowance, Emolument, or Profit of 
 any Kind or Amount whatever from the Province is at- 
 taclied, shall not be eligible as a Member of the Le^sla- 
 tive Assembly of either Province, nor shall he sit or vote 
 as such ; but nothing in this Section shall make ineligible 
 as aforesaid any Person being a Member of the Execu- 
 tive Council of either of the said Pro\'inces, or holding 
 any of the following- Offices, that is to say, of Attorney- 
 General, Secretary and Kegistrar of the Province, Trea- 
 surer of the Province, Commissioner of Crown Lands, and 
 the Commissioner of Agriculture and Public Works, and 
 for Quebec the Solicitor-General, or shall disqualify him 
 to sit or vote in the House for which he is elected, pro- 
 vided he be elected while holding- such Oiiice and not 
 otherwise disqualified. 
 
 87. Lentil the Legislatures of Ontario and Quebec re- 
 spectively otherwise provide, all Laws which at the Union 
 are in force in those Provinces respectively, relative to 
 the following Matters, or any of them, nameljs the Quali- 
 fications and Disqualifications of Persons to be elected or 
 to sit or vote as Members of the Assembly of the Province 
 of Canada, the Qualifications or Disqualifications of 
 Voters, the Oaths to be taken by Voters, the Returning 
 Officers, their Powers and Duties, the Proceedings at 
 Elections, the Periods during wliich such Elections may 
 be continued, and the Trial of Controverted Elections and 
 the Proceedings incident thereto, the vacating of the
 
 FOR UNION OF B. N. A, COLONIES. 231 
 
 Keats of Members and the issuing and Execution of new 
 Writs in case of Seats vacated otherwise than by Disso- 
 lution, shall respectively apply to Elections of Members 
 to serve in the Legislative Assembly of Ontano and in 
 the Lej,asla,tive Assembly of Quebec : Provided that until 
 the Legislature of Ontario otherwise provides, at any 
 Election for a Member of the Lej^^islative Assembly of 
 Ontario for the District of Algoma all Householders other- 
 wise qualified except in respect of Real Property shall 
 have Votes. 
 
 88. Every Legislative Assembly of Ontario and every 
 Legislative Assembly of Quebec shall continue for Four 
 Years from tlie Day of the Return of the Writs for choos- 
 ing the same (subject nevertheless to either the Legisla- 
 tive Assembly of Ontario or the Legislative Assembly of 
 Quebec being sooner dissolved by the Lieutenant-Gover- 
 nor of the Province), and no longer. 
 
 89. There sluvll be a Session of the Legislature of 
 each of the said Provinces once at least every Year so 
 that a Period of Twelve Months shall not intervene be- 
 tween the last Sitting of the Legislature in each Province 
 in one Session and the first Sitting thereof in the next 
 Session. 
 
 90. The following Provisions of this Act respecting 
 the House of Commons of Canada shall extend and apply 
 to the Legislative Assemblies of Ontario and Quebec re- 
 spectively ; that is to say, the Provisions relating to the 
 Election of a Speaker originally and on Vacancies, the 
 Proceedings of the Speaker, the Absence of the Speaker, 
 and the Quorum of the House and the Mode of voting 
 therein as if those Pi'ovisions were here re-enacted and 
 made applicable in Terms to each such Legislative As- 
 sembly. 
 
 3. — Nova Scotia and New Brunswick. 
 
 91. The Constitution of each of the Provinces of Nova Constitu- 
 Scotia and New Brunswick shall, subject to the Provis- ^^'^l"^ 
 ions of tliis Act. continue as it exists at the Union until Scotia and 
 
 New 
 
 altered or amended under the Authority of this Act, and Brunswick
 
 232 FINAL DRAFT OF BILL. 
 
 the House of Assembly of New Brunswick shall, unless 
 sooner dissolved, continue for the Period for which it was 
 elected. 
 
 4. — Ontario, Quebec, and Nova Scotia. 
 
 First 92. Each of the Lieutenant-GoTernors of Ontario, 
 
 Elections. _^ _ 
 
 Qu€Dec, and Nova Scotia respectively shall cause Writs 
 to be issued for the First Election of Members of the 
 Legislative Assembly thereof in such Form and by such 
 Person as he prescribes, and at such Time and to such 
 Returning Officer as the Governor-General directs, and so 
 that the First Election of Member of Assembly for any 
 Electoral District shall be held at one and the same Time 
 with the Election for Member of the House of Commons 
 for such Electoral District 
 
 5.— The Four Provinces. 
 
 Applica- 93. The Provisions of Part V. of this Act shall ex- 
 
 Legisia- tend and apply to the Legislatures of the several Pro- 
 
 P^TOvisions vinccs as if those Provisions were here re-enacted and 
 respecting ma^o applicable in Terms to the respective Provinces and 
 Bills, fcc. the Legislatures thereof. 
 
 VII.— Judicature. 
 
 mentT/ ^^- "^^^ Govemor-General shall appoint the Judges 
 
 Judges. of the Superior, District, County, and Recorders Courts 
 
 in each Province, except those of the Courts of Probate 
 
 in Nova Scotia and New Brunswick. 
 
 Selection 95. Until the Laws relative to Property and Civil 
 
 inOnta^^o, Rights in Ontario, Nova Scotia, and New Brunswick, and 
 *"■ the Pi'ocedure of the Courts in those Provinces, are made 
 
 uniform, the Judges of the Courts of those Provinces ap- 
 pointed by the Governor-General shall be selected from 
 the respective Bars of those Provinces. 
 
 Selection 9G. The Judges of the Courts of Quebec shall be 
 
 in Quebec, selected from the Bar of that Province. 
 Tenure of 97. The Judges of the Superior Courts shall hold 
 
 Judges of Office( during good Behaviour, but shall be removable by 
 Superior ^^ye Goveraor-Geueral on Address of the Senate and 
 
 'jOurtK. 
 
 House of Commons.
 
 FOR UNION OF B. N. A. COLONIES. 233 
 
 98. The Salaries, Allowances, and Pensions of the Salaries, 
 
 &c. of 
 
 Judges of the Superior, District, and County Courts, and Judges. 
 of the Admiralty Courts in Oases where the Judges there- 
 of are for the Time being paid by Salary, shall be fixed 
 and provided by the Parliament of Canada. 
 
 VIII. — Distribution of Legislative Powers. 
 Powers of the Parliament. 
 
 99. It shall be lawful for the Queen, by and with the Legisla- 
 Advice and Consent of the Senate and, House of Com- ^1^"^^.^^^^^^ 
 mons, to make Laws for the Peace, Order, and good Gov- Parii- 
 ernment of the Dominion of Canada, in relation to all Canada. 
 Matters not coming within the Classes of Subjects by this 
 
 Act assigned exclusively to the Legislatures of the Pro- 
 vinces ; and for greater Certainty, but not so as to restrict 
 the Generality of the foregoing Terms of this Section, it 
 is hereby declared that the Legislative Authority of the 
 Parliament of Canada extends to all Matters coming with- 
 in the Classes of Subjects next hereinafter enumerated j 
 that is to say, — 
 
 1. The Public Debt and Property. 
 
 2. The Regulation of Trade and Commerce. 
 
 3. Tlie raising of Money by any Mode or System 
 
 of Taxation. 
 
 4. The borrowing of Mone}' on the Public Credit. 
 
 5. Postal Service. 
 
 6. The Census and Statistics. 
 
 7. Militia, Military and Naval Service, and De- 
 
 fence. 
 7a. The fixing of and pro^'iding for the Salaries 
 and Allowances of Civil and other Officers of 
 the Government of Canada. 
 
 8. Beacons, Buoys, Lighthouses, and Sable Island. 
 
 9. Navigation and Shipping. 
 
 W. Quarantine and the Establishment and Main- 
 tenance of Marine Hospitals. 
 11. Sea Coast and Inland Fishen(?s.
 
 234 FINAL DRAFT OF BILL. 
 
 11a. Ferries between a Province and anv British or 
 Foreign Country or between Two Provinces. 
 
 12. Currency and Coinage. 
 
 13. Banking, Incorporation of BanlvS. and tlie Issue 
 
 of Paper Money. 
 
 14. Savings Barks. 
 
 15. Weights and Measures. 
 
 16. Bills of Exchange and Promissory Notes. 
 
 17. Interest. 
 
 18. Legal Tender. 
 
 19. Bankruptcy and Insolvency. 
 
 20. Patents of Invention and Discovery. 
 
 21. Copyrights. 
 
 22. Indians, and Lands reserved for the Indians. 
 2.3. Naturalization and Aliens. 
 
 24. Marriage and Divorce. 
 
 25. The Criminal Law, except the Constitution of 
 
 Courts of Criminal Jurisdiction, but includ- 
 ing the Procedure in Criminal Matters. 
 
 26. The Establishment. ^laintenance, and Manage- 
 
 ment of Penitentiaries. 
 
 27. Such Classes of Subjects as are by this Act ex- 
 
 pressly excepted in the Enumeration of the 
 Classes of Subjects by this Act assigned ex- 
 clusively to the Legislatures of the Provinces. 
 
 And any Matter coming within any of the Classes of Sub- 
 jects enumerated in this Section shall not be deemed to 
 come witbin the Subject of I'roperty and Cinl Rights 
 comprised in the Enumeration of the Classes of Subjects 
 by this Act assigned exclusively to the Legislatures of the 
 Provinces. 
 
 Exclusive Powers of Provincial Legislature. 
 
 Subjects of 100. In each IVrovince the Legislature may exclusive- 
 
 Prov^ncfai Iv make Laws in relation to Matters coming within the 
 Legisia- Classes of Subjects next herein-after enumerated ; that is 
 
 tion. '' 
 
 to say, —
 
 FOR UNION OF B. N. A. COLONIES. 235 
 
 1. The Amendment from Time to Time of the 
 
 Constitution of the Province, except as re- 
 gards the Office of Lieutenant-Governor : 
 
 2. Direct Taxation within tlie l*rovince in order 
 
 to the raising of a Revenue for Provincial 
 Purposes, with Reservation to New Bruns- 
 wick of the Right to collect the Lumber Dues 
 provided in Chapter Fifteen, Title Three, of 
 the Revised Statutes of that Province, and 
 any Amendment thereof made before or af- 
 ter the TTnion that does not increase the 
 Amount of such Dues, but excepting the Lum- 
 ber of any of the Provinces otlier than New 
 Brunswick : 
 
 3. The borrowing of Money on the sole Credit of 
 
 the Province for Provincial Purposes : 
 
 4. The Establishment and Tenure of Provincial 
 
 Oflftces and the Appointment and Payment 
 of Provincial Oliicers : 
 
 5. The Management and Sale of the Public Lands 
 
 belonging to the Province and of the Timber 
 and Wood thereon : 
 
 G. The Establishment, Maintenance, and Manage- 
 ment of Public and Reformatory Prisons in 
 and for the Province : 
 
 7. The Establishment, Maintenance, and Manage- 
 ment of Hospitals, Asylums, Charities, and 
 Eleemosynary Institutions in and for tbe Pro- 
 vince, other than Marine Hospitals : 
 
 8. Municipal Institutions in the l*rovince : 
 
 9. Shop, Saloon, Tavern, Auctioneer, and other 
 
 Licenses in order to the raising of a Revenue 
 for Provincial, Local, or Munici])al Purposes : 
 
 10. Works and Undertakings : 
 
 11. The Incorporation of Companies with exclu- 
 
 sively Provincial Objects : 
 
 12. The Solemnization of Marriage in the Province : 
 
 13. Property and Civil Rights in the Province :
 
 236 FIXAL DRAFT OF BILL. 
 
 14. The Administration of Justice in the Province, 
 
 including the Constitution, Maintenance, and 
 Organization of Provincial Courts, both of Civil 
 and of Criminal Jurisdiction, and including 
 Procedure in Civil Matters in those Courts : 
 
 15. The Imposition of Punishment by Fine, Pen- 
 
 alty, or Imprisonment for enforcing any Law 
 of the Province made in relation to any Mat- 
 ter coming within any of the Classes of Sub- 
 jects enumerated in this Section : 
 
 16. Such other Classes of Subjects (if any) as are 
 
 from Time to Time added to the Enumera- 
 tion in this Section by any Act of the Parlia- 
 ment of Canada. 
 
 Education. 
 Legisla- 101. lu and for each Province the Legislature may 
 
 inTEd^uca- ^xcluslvely make Laws in relation tO' Education, subject 
 ti^^i- and according to the following Provisions : 
 
 (1) Nothing in any such Law shall prejudicially 
 
 affect any Right or Privilege with respect to 
 Denominational Schools which any Class of 
 Persons have by Law in the Province at the 
 Union : 
 
 (2) All the Powers, Privileges, and Duties at the 
 
 Union by Law conferred and imposed in Up- 
 per Canada on the Separate Schools and 
 School Trustees of the Queen's Roman Catho- 
 lic Subjects shall be extended to the Dissen- 
 tient Schools of the Queen's Protestant and 
 Roman Catholic Subjects in Lower Canada : 
 
 (3) Where in any Province a System of Separate 
 
 or Dissentient Schools exists by Law at the 
 Union or is thereafter established by the Leg- 
 islature of the Province, an Appeal shall lie 
 to the Governor-General in Council from any 
 Act or Decision of any Provincial Authority 
 affecting any Right or Privilege in relation 
 to Education of the Queen's Protestant or 
 Roman Catholic Subjects, being the Minority 
 of the Population of the Province :
 
 FOR UXION OF B. N. A. COLONTIES. 237 
 
 (4) In case any such Provincial Law as from Time 
 to Time seems to the Governor-Oeneral 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 the proper Provincial 
 Authority in that behalf, then and in every 
 such Case, and as far only as the Circum- 
 stances of each Case require, the Parliament 
 of Canada, may make remedial Laws for the 
 due Execution of the Provisions of this Sec- 
 tion and of any Decision of the Governor-Gen- 
 eral in Council under this Section. 
 
 Uniformity of Laivs in Ontario, Nova Scotia, and New 
 Brunswick. 
 
 102. Notwithstanding anything in this Act, any Act Legisla- 
 of the Parliament of Canada may make Provision for the Uniform- 
 Unif ormity of all or any of the Laws relative to Property J^^^g j^ 
 and Ci\il Rights in Ontario, Nova Scotia, and New Bruns- Three 
 
 ., ini-r-. 1 /.,, /.■!/-< i. Provinces. 
 
 wick, and of the Procedure of all or any of the Courts m 
 those Three Provinces, and thenceforth the Power of the 
 Parliament of Canada to make Laws in relation to^ any 
 Matter comprised in any such Act shall, notwithstanding 
 anything in this Act, be unrestricted ; but any Act of the 
 Parliament of Canada making Provision for such Uni- 
 formity shall not have effect in any Province unless and 
 until it is adopted and enacted as Law by the Legislature 
 thereof. 
 
 Court of Appeal, dx. 
 
 103. Any Act of the Parliament of Canada may, not- General 
 withstanding anything in this Act, from Time to Time ^ppp^^j^l'^g 
 pro-vide for the Constitution, Maintenance, and Organiza- 
 tion of a General Court of Appeal for Canada, and for the 
 Establishment of anv additional Court in anv Province.
 
 238 FINAL DRAFT OF BILL. 
 
 Agriculture, Immigration, Public Works. 
 
 renTpow- 1^^- 1° ^^cli Province the Legislature may make 
 
 ers of Laws in relation to Matters coming within the Classes of 
 
 Legisla- c-i ^ • 1 • f 1 1 • 
 
 tionre- Subjects next heremarter enumerated ; that is to say, 
 specting 
 
 Agricul- 1. Agriculture in the Provmee : 
 
 ture, &e. 
 
 2. Immigration into the Province : 
 
 3. Works and Undertakings in the Province : 
 And it is hereby declared that the Parliament of Canada 
 may from Time to Time make Laws in relation to Matters 
 coming within the Classes of Subjects next hereinafter 
 enumerated ; that is to say, 
 
 1. Agriculture in all or any of the Provinces : 
 3. Immigration into all or any of the Provinces : 
 3. Works and Undertakings of the following 
 Classes, — 
 
 (a) Lines of Steam or other Ships, Rail- 
 ways, Canals, and other Works, and Un- 
 dertakings connecting any Province 
 with any other or others of the Pro- 
 vinces, lor extending beyond the Limits 
 of any Province ; 
 
 (b) Lines of Steam Ships between any Pro- 
 vince and any British or Foreign Coun- 
 try ; 
 
 (c) Such Works as although wholly situate 
 within One Province are before or after 
 their Execution declared by Act of the 
 Parliament of Canada to be for the general 
 Advantage of Canada or for the Advan- 
 tage of Two or more of the Provinces : 
 
 And any Law of the Legislature of a Province rela- 
 tive to any Matter coming within the Classes of Subjects 
 in this Section enumerated shall have effect in and for 
 the Province as long and as far only as it is not repug- 
 nant to any Act of the Parliament of Canada. 
 
 IV. — Revenues, Properties, &c. M 
 
 Creationof ^QS. All Duties and Revenues over which the respec- " 
 
 Consoli- . n -I.T T-. 
 
 dated Re- tive Legislatures of Canada, Nova Scotia, and New Bruns- 
 rS wick before and at the Union had and have Power of Ap-
 
 FOR UNION OF B. N. A. COLONIES. 239 
 
 pi'opriation, except siich Portions thereof as are b}' this 
 Act reserved to the respective Legislatures of the Pro- 
 vinces, or are raised by them in accordance with the 
 special Powers conferred on them by this Act, shall form. 
 One Consolidated Revenue Fund, to be appropriated for 
 the Public Service of Canada in the Mauu<'r and subject 
 to the Charges in this Act provided. 
 
 106. The Consolidated Revenue Fund of Canada E/penses 
 
 of Collec- 
 
 shall be permanently charged with all the Costs, Charges, tion, &c. 
 and Expenses incident to the Collection, Management, 
 and Receipt thereof, and the same shall form the First 
 Charge thereon, such Costs, Charges, and Expenses being 
 subject nevertheless to be reviewed and audited in such 
 Manner as shall be ordered by the Governor-General in 
 Council until otherwise provided by any Act of the Par- 
 liament. 
 
 107. The annual Interest of the Public Debt of the interest of 
 
 Public 
 
 several Provinces of Canada, Nova Scotia, and New Debt. 
 Brunswick at the Union shall form the second Charge on 
 the Consolidated Revenue Fund of Canada. 
 
 108. Unless altered by any Act of the Parliament of Salary of 
 Canada, the Salary of the Governor-General shall be Ten [^°^g™j"'' 
 Thousand Pounds Sterling Money of the United Kingdom 
 
 of Great Britain and Ireland, payable out of the Consoli- 
 dated Revenue Fund of Canada, and the same shall form 
 the Third Charge thereon. 
 
 109. Subject to the several Payments by this ActApprop- 
 charged on the Consolidated Revenue Fund of Canada, [^Qj^'^Time 
 the same shall be appropriated by the Parliament of Ca- to "I'ime- 
 nada for the Public Service. 
 
 110. All Stocks, Cash, Banker's Balances, and Securi- Transfer 
 ties for Money belonging to each Province at the Time of &c. 
 the Union, except as in this Act mentioned, shall be the 
 Property of Canada, and shall be taken in Reduction of 
 
 the Amount of their respective Debts at the Union. 
 
 111. The Public Works and Property of each Pro- Transfer 
 vince, enumerated in the Schedule to this Act, perty in 
 shall be the Property of Canada.
 
 240 FINAL DRAFT OF BILL. 
 
 Property 112. All Lands, Mines, Minerals, and Royalties be- 
 
 in Lands, . , t> . „ ^ 
 
 Mines, &c. longing to the several Provinces of Canada, Nova Scotia, 
 and New Brunswick, and all Sums due for sucli Lands, 
 Mines, or Minerals, at the Union, shall belong to the sev- 
 eral Provinces of Ontario, Quebec, Nova Scotia, and New 
 Brunswick in which the same are situate or arise, subject 
 to any Trusts existing in respect thereof, and to any In- 
 terest of other Persons in the same. 
 
 Assets 113. All Assets connected with such Portions of the 
 
 connected 
 
 with Pro- Public Debt of any Province as are assumed by such 
 Debts. Province shall belong to such Province. 
 
 Assump- 114. Canada shall assume the Debts and Liabilities 
 
 tiOn of n 1 T\ • • . T TT . 
 
 Provincial of cach Provmcc cxistmg at the Union. 
 
 Debts. 
 
 -Pj , , 115. Ontario and Quebec conjointly shall assume the 
 
 Ontario Exccss (if auv) by which the Debt of the Province of Ca- 
 b^c. nada exceeds at the Union Sixty-two millions five hun- 
 
 dred thousand Dollars, and shall be charged with Interest 
 at the Rate of Five per Centum per Annum thereon. 
 
 Assets ot 116. The Assets enumerated in the Schedule 
 
 Ontario 
 
 and Que- to this Act belonging at the Union to the Province of Ca- 
 ^''' nada shall be the property of Ontario and Quebec con- 
 
 jointly. 
 
 DeU of 11 J ;^J■ova Scotia shall assume the Excess (if any) by 
 
 Scotia. which its Public Debt exceeds at the Union Eight million 
 
 Dollars, and shall be charged with Interest at the Rate of 
 
 Five per Centum per Annum thereon. 
 
 Debt of 118. New Brunswick shall assume the Excess (if anv) 
 
 New "^ 
 
 Brunswick by which its Public Debt exceeds at the Union Seven 
 million Dollars, and shall be charged with Interest at the 
 Rate of Five per Centum per Annum thereon. 
 
 Payment 119. In casc the Public Debts of Nova Scotia and 
 
 to NoTa*** 'New Brunswick do not at the Union amount to Eight mil- 
 
 Scotia and ijqq rjjj(j gevcu million Dollars respectively, they shall re- 
 
 Bnmswick spcctivcly rcccive by half-yearly Payments in advance 
 
 from the Government of Canada the Interest at Five per 
 
 Centum per Annum on the Diiference between the actual 
 
 Amount of tlieir respective Debts and such stipulated 
 
 Amounts.
 
 FOR UNION OF B. N. A. COLONIES. 241 
 
 120. The several Provinces shall retain all Public Proyinciai 
 
 Public 
 
 Property not otherwise disposed of in this Act, subject Property. 
 to the Riglit of Canada to assume any Lands or Public 
 Property required for Fortifications or for the Defence 
 of the Country, 
 
 121, The following Sums shall be paid yearly by Ca- Grants to 
 nada to the several Provinces for the Support of their ^o^'^*^®^- 
 Oovernments and Legislatures : 
 
 Ontario $80,000 
 
 Quebec 70,000 
 
 Nova Scotia 60,000 
 
 New Brunswick .... 50,000 
 
 1260,000 
 
 and an annual Grranti in aid of each Province shall be 
 made, equal to Eighty Cents per Head of the Population 
 as ascertained by the Census of One thousand eight hun- 
 dred and sixty-one ; and in the Case of Nova Scotia and 
 New Brunswick, by each subsequent Decennial Census 
 until tlie Population of each of these Provinces amounts 
 to Four hundred thousand Souls, at which Eate such 
 Grant shall thereafter remain. Such Grant shall be in 
 full Settlement of all future Demands on Canada, and 
 shall be paid half-yearly in advance to each Province ; 
 but the Government of Canada shall deduct from such 
 Grant, as against any Province, all sums chargeable as 
 Interest on the Public Debt of that Province in excess of 
 the several Amounts stipulated in this Act. 
 
 122. New Brunswick shall receive by half-yearly Pay- Further 
 ments in advance from Canada for the Period of Ten New 
 Years from the Union an additional Allowance of Sixty- ^'^"°''^'^^* 
 three thousand Dollars per Annum ; but as long as the 
 Public Debt of that Province remains under Seven mil- 
 lions of Dollars, a Deduction equal to the Interest at Five 
 
 per Centum per Annum on such Deficiency shall be made 
 from that Allowance of Sixty-three thousand Dollars. 
 
 123. All Payments to be made under tbis Act, or in Form of 
 
 Payments. 
 
 discharge of Liabilities created under any Act of the Pro- 
 vinces of Canada, Nova Scotia, and New Brunswick re- 
 
 POPE CON.— 10
 
 242 FINAL DRAFT OF BILL. 
 
 spectively, and assumed by Canada, shall, until otherwise 
 Parliament directs, be made in sucli Form and Manner 
 as may from Time to Time be ordered by the Grovernor- 
 General in Council. 
 
 Customs 124. The Customs and Excise Laws of each Province 
 
 cise. shall continue in force until altered by Parliament : and 
 
 in any Case where the Duties enacted to be collected on 
 any Goods, Wares, or Merchandise are the same, the Gov- 
 ernor-General in Council may from Time to Time, by Pro- 
 clamation, declare that such Goods, Wares and Merchandise 
 may be imported free into any Port in Canada from Ontario, 
 Quebec, Nova Scotia, or New Brunswick, on Proof of 
 Duty having been already paid thereon ; and where 
 larger Duties are leviable in any Province on any Goods, 
 Wares, or Merchandise, the Governor-General in Council 
 may from Time to Time, by Proclamation, authorize the 
 Importation into Canada of such Goods, Wares, and Mer- 
 chandise on Payment of the Ditference of Duty. 
 
 Canadian 125. All Articles the Growth or Produce or Manu- 
 
 tureTfec. fiicture of Ontario, Quebec, Nova Scotia, or New Bruns- 
 wick, shall be admitted free into all Ports in Canada- 
 Exemption 126. No Lands or Property belonging to Canada or 
 Lands, &c. any Province shall be liable to Taxation. 
 
 Provincial 127. Such Portious of the Duties and Revenues over 
 
 dat?d ^ which the respective Legislatures of Canada, Nova Scotia, 
 Revenue g^^^-] New Brunswick, had before the Union Power of Ap- 
 
 Jb und. ' ^ 
 
 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 the Province. 
 
 X. — Miscellaneous Provisions. 
 
 General. 
 
 Oath of 128. Every Member of the Senate or House of Cowi- 
 
 Aiiegiance ^^^^ ^^^^^ before taking his Seat therein take and sub- 
 scribe before the Governor-General or some person au-
 
 FOR UNION OF B. N. A. COLONIES. 243 
 
 thorized by him, and every Member of a Legislative 
 Council or Legislative Assembly under this Act shall be- 
 fore taking his Seat therein take and subscribe before the 
 Lieutenant-Governor of the Province or some Person au- 
 thorized by him, the Oath of Allegiance and the Declara- 
 tion given in the Schedule to this Act 
 
 129. Except as otherwise provided by this Act, all Continu- 
 
 , . . ance of 
 
 Laws in force in Canada, Nova Scotia, or New Brunswick existing 
 at the Union, and all Courts of Ci\il and Criminal Juris- CouA's, 
 diction, and all Legal Commisslo'ns, Powers, and Authori- Officeis> 
 ties, and all Oflficers, Judicial, Administrative, and Minis- 
 terial, existing therein at t-he Union, shall continue in 
 Ontario, Quebec, Nova Scotia, and New Brunswick re- 
 spectively, as if thlsi Act had not been passed ; subject 
 nevertheless (except with respect to such as are enacted 
 by or exist by Force of Acts of the Parliament of Great 
 Britain or of the Parliament of the United Kingxlom of 
 Great Britain and Ireland,) to be repealed, abolished, or 
 altered by Act of the Parliament of Canada, or by Act of 
 the Legislature of the respective Province, according to 
 the Authority of that Parliament or Legislature under this 
 Act. 
 
 130. The Parliament and Government of Canada Treaty 
 shall have all Powers necessary or proper for performing [?^*'»^" 
 the Obligations of Canada or of any Province thereof, as 
 Part of the British Empire, towards Foreign Countries, 
 arising under Treaties betw^een the Empire and such 
 Foreign Countries. 
 
 131. Either the English or the French Language may Use of 
 be used by any Person in the Debates of the Houses of ^"fp^ench 
 the Parliament of Canada and of the Houses of the Legis- l^^nguages. 
 lature of Quebec, and both of 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.
 
 244 FINAL DRAFT OF BILL. 
 
 The Acts of the Parliament of Canada and of the 
 Legislature of Quebec shall be printed and published in 
 separate Volumes in the English and French Languages 
 respectively. 
 
 Ontario and Quebec. 
 
 Construe- 132. The Words " and from thence to the End of the 
 
 temporary " then uext eusuing Session of the Legislature," or Words 
 Acts. ^Q ^-jjg same Effect, used in any temporary Act of the Pro- 
 vince of Canada not expired before the Union, shall be 
 construed to extend and apply to the next Session of the 
 Parliament of Canada, if the subject Matter of the Act is 
 within the Powers of the same, as defined by this Act, or 
 to the next Sessions of the Legislatures of Ontario and 
 Quebec respectively, if the subject Matter of the Act is 
 within the Powers of the same as defined by this Act. 
 
 Errors in 133^ From and after the Union the Use of the Words 
 
 JN ames. 
 
 " Upper Canada " instead of " Ontario," or " Lower Cana- 
 da " instead of " Quebec," in any Deed, Document, Writ, 
 Process, Pleading, Matter, or Thing whatsoever, shall not 
 invalidate the same. 
 
 Proclama- ^[34 j^^j proclamation under the Great Seal of the 
 
 tions com- "^ ^ 
 
 mencing Proviuce of Canada issued before the Union to tali:e effect 
 Union. at a Time which is subsequent to the said Union, whether 
 relE^ting to that Province, or to Upper Canada, or to 
 Lower Canada, and the seve^ral Matters and Things there- 
 in proclaimed shall be, remain, and continue of full Force 
 and Effect from and after the Time mentioned in such 
 Proclamation. 
 
 Issue of 135, Any Proclamation which is authorized by any 
 
 ProcltXiiiRi- * , 
 
 tions after Act of the Legislature of the Province of Canada, to be issued 
 "^°"' under the Great Seal of the Province of Canada, whether 
 relating to that Pro\ince, or to Upper Canada, or to 
 Lower Canada, and which is not issued before the Union, 
 may be issued by the Lieutenant-Governor of Ontario or 
 Quebec, as the Subject Matter of such Proclamation re- 
 quires, under the Great Seal thereof, and from and after 
 the Issue of such Proclamation the same and the several
 
 FOR UNION OF B. N. A. COLONIES. 245 
 
 Matters and Things therein proclaimed shall be, remain, 
 and continue of Full Force and Effect in Ontario or 
 Quebec. 
 
 136. The Provincial Penitentiary of Canada shall, Peniten- 
 
 tiary 
 
 until Parliament otherwise provides, be and continue the 
 Penitentiar-}' of and for Ontario and Quebec respectively. 
 
 137. The Division and Adjustment of the Debts, ^rbitra- 
 Credits, Liabilities, Properties, and Assets of the Pi'O's'^^ctw 
 vinces of Upper and Lower Canada shall be referred to Debts, &c. 
 the Arbitrament of Three Arbitrators, one to be chosen 
 
 by the Government of Ontario, the other by the Grovern- 
 ment of Quebec, and the third b}- the Grovernment of 
 Canada ; and the Selection of the Arbitrators shall not 
 take place until after the Parliament of Canada and the 
 Legislatures for Ontario and Quebec have met, and the 
 Third Arbitrator shall not be a resident in either Ontario 
 or Quebec. 
 
 138. The Governor-General in Council may froru Division of 
 Time to Time order that such and so many of the Re- ^®''°'"^^' 
 cords. Books, and Documents as belong to the Province 
 
 of Canada shall be appropriated and delivered either to 
 Ontario or to Quebec, and the same shall thenceforth 
 become the Property- of such Province ; and any Copy 
 or Extract therefrom, duly certified by the Officer having 
 charge of the Original thereof, shall be admitted as Evi- 
 dence in the Courts of either Province. 
 
 139. The Lieutenant-Governor of Quebec may f rom Constitu- 
 Time to Time, by Proclamation under the Great Seal «f Townships 
 the Province, to take effect from a Day to be appelated i" Quebec. 
 therein, constitute Townships in those Parts of the Pro- 
 vince of Quebec in which Townships are not then already 
 constituted, and fix the Metes and Bounds thereof. 
 
 140. All Laws, Statutes, and Ordinances of thecontinu- 
 former Provinces of Upper and Lower Canada, or of the p"^^^^^^,}^^ 
 Province of Canada, in force at the Union in the Province ^^'^^^'''-
 
 246 FINAL DRAFT OF BILL. 
 
 of Canada in respect to Public Lands, or to Timber on 
 Public Lands, and tbe Sale and Management thereof re- 
 spectively, and to Public Works, and to the Bureau of 
 Agriculture and Agricultural Societies, shall, as far as 
 they are not repugnant to this Act, continue in force, and 
 applv to the Provinces of Ontario and Quebec respec- 
 tively, unless and until and as far only as such Laws, 
 Statutes, and Ordinances are varied, altered, amended, or 
 repealed by the Legislature of the Province. 
 
 XL— Intercolonial Kailway. 
 
 Duty cf 141. Inasmuch as the Provinces of Canada, Nova 
 
 Governor c-i ,• t -vt ^~» • i i . . , . t^ , 
 
 of Canada Scotia, and New Brunswick have joined m a Declaration 
 EaUway. ^^ *^^ Effect that the Consti'uction of the lutercolonial 
 Railway being essential to the Consolidation of the Union 
 of British North America, and to the Assent of the Mari- 
 time Provinces of Nova Scotia and New Brunswick there- 
 to, it was agreed by them tliat Provision should be made 
 for its immediate Construction by the (Tovernment of 
 Canada ; Therefore, in order tO' give Effect to that Agree- 
 ment, it is hereby emacted that it shall be the Duty of the 
 Government and Parliament of Canada to provide for the 
 Commencement, within Six Months after the First Meet- 
 ing of the Parliament, of a Railway from the River St. 
 Law^'ence to the City of Halifax in Nova Scotia, and for 
 the Consti'uction and Completion thereof without Inter- 
 mission and with all practicable Speed. 
 
 XII. — AdMLSSION OF OTHER COLONIES. 
 
 Power to 142. It shall be lawful for the Queen, by and with the 
 
 Newfound- Advice of Her Majesty's Most Honourable Privy Council, 
 land, &c. qh Address from the Houses of the Parliament of Can- 
 ada, and from the Houses of the respective Legislatures 
 of the Colonies or Provinces of Newfoundland, l^rince 
 Edward Island, Rui)ert's Land, the North-western Ter- 
 ritory, and British Columbia, to admit those Colonies or 
 Provinces into the Union on the Terms and Conditions 
 in the Addresses expressed ; and the Provisions of any 
 Order in Council in that Behalf shall have effect as if they 
 had been enacted in this Act.
 
 FOR UNI OX OF B. N. A. COLONIES. 247 
 
 143. In case of the Admission of Newfouutlland and Represen- 
 tation of 
 Prince Edward Island, or either of them, e^ich shall bexew- 
 
 ent;tled to a Representation in the Senate of Canada of^'^^ Prince 
 Four Members ; but after the Admission of Prince Ed-Kd^ard 
 
 Island in 
 
 ward Island into the Pinion, the Representation of Nova Senate. 
 Scotia and New Brunswick in the Senate of Canada shall, 
 as Vacancies occur, be reduced from Twelve to Ten ]Mem- 
 beis respectively, and the Representation of those Pro- 
 vinces shall not be increased at any Time beyond Ten, 
 except under the Provisions of this Act for the Appoint- 
 ment of additional Senators under the Authority of a 
 Warrant of the Quf^m under Her Royal Sign Manual. 
 
 SCHEDULES. 
 
 Same as in Act.
 
 ANNO TRICESIMO 
 
 VICTORIJ^ REGIN^. 
 
 CAP. III. 
 
 An Act for the Union of Canada, Nova Scotia, and New 
 Brunswick, and the Goverament thereof ; and for 
 Purposes connected therewith. 
 
 [29th March, 1867.] 
 
 WHEREAS the Provinces of Canada, Nova Scotia, 
 and New Brunswick have expressed their Desire 
 to be federally united into One Dominion under the 
 Crown of the United Kingdom of Great Britain and Ire- 
 land, with a Constitution similar in Principle to that 
 of the United Kingdom : 
 
 And whereas such a Union would conduce to the 
 Welfare of the Provinces and Promote the Interests of 
 the British Empire : 
 
 And whereas on the Establishment of the Union bj 
 Authority of Parliament it is expedient, not only that the 
 Constitution of the Legislative Authority in the Domin- 
 ion be provided for, but also that the Nature of the Exe- 
 cutive Government therein be declared : 
 
 And whereas it is expedient that Provision be made 
 for the eventual Admission into the Union of other Parts, 
 of British North Ameiica : 
 
 Be it therefore enacted and declared by the Queen's 
 most Excellent Majesty, by and with the Ad\ice and Con- 
 sent of the Lords Spiritual and Temporal, and Commons,, 
 in this present Parliament assembled, and by the Author- 
 ity of the same, as follows :
 
 THE BRITISH NORTH AMERICA ACT, 1867. 249 
 
 I. — Preliminary. 
 
 1. This Act may be cited as the British North Am- S'lort 
 erica Act, 1867. '^'*^''' 
 
 2. The Provisions of this Act referring to Her Ma- Applica- 
 jesty the Queen extend also to the Heirs and Successors Provisions 
 of Her Majesty, Kings and Queens of the United King- ^^the"^ 
 dom of Great Britain and Ireland. Queen. 
 
 I[. — Union. 
 
 3. It shall be lawful for the Queen, by and with the Deciara- 
 Advice of Her Majesty's Most Honourable Privy Council, uiiion. 
 to declare by Proclamation that, on and after a Day 
 therein appointed, not being more than Six Months after 
 
 the passing of this* Act, the Provinces of Canada, Nova 
 Scotia, and New Brunswick shalll form and be One Do- 
 minion under the Name of Canada ; and on and after that 
 Day those Three Provinces shall form and be One Do- 
 minion under that Name accordingly. 
 
 4. The subsequent Provisions of this Act shall, un- Construc- 
 
 tion of sub- 
 less it is otherwise expressed or implied, commence and sequent 
 
 have effect on and after the Union, that is to say, on and o/Act.°"^ 
 after the Day appointed for the Union taking effect in 
 the Queen's Proclamation ; and in the same Provisions 
 unless it is otherwise expressed or implied, the Name 
 Canada shall be taken to mean Canada as constituted un- 
 der this Act. 
 
 5. Canada shall be divided into Four Provinces, Four Pro- 
 
 V111C6S 
 
 named Ontario, Quebec, Nova Scotia, and New Bruns- 
 wick. 
 
 (5. The Parts of the Province of Canada (as it exists Provinces 
 at th(^ passing of this Act) which formerly constituted °n?Que-'' 
 resjiectively the I'ronnces of Upper Canada and Lower bee. 
 Canada shall be deemed to be severed, and shall form 
 Two Separate Provinces. The Part which formerly consti- 
 tuted the Province of Upper Canada shall constitute the 
 Province of Ontario ; and the Part which formerly con- 
 stituted the Province of Lower Canada shall constitute 
 the Province of Quebec.
 
 250 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 Proyinces 7. The Provinces of Nova Scotia and New Brunswick 
 
 of Nova , ,1 1 T • 
 
 Scotia and sliall have the same Limits as at the passing of this 
 
 Bruns- ^^• 
 
 wick. 
 
 Decennial 8. In the general Census of the Population of Canada 
 
 Census. ^-hich is hereby required to< be\ taken in the Year One 
 
 thousand eight hundred and seventy-one, and in every 
 
 Tenth Year thereafter, the respective Populations of the 
 
 Four Provinces shall be distinguished. 
 
 III. — ExKcuTivE Power. 
 DeeW 9, The Executive Grovernment and Authority of and 
 
 tion of Ex- 
 ecutive over Canada is hereby declared to continue and be vested 
 
 Power in . j.i /-» 
 
 the Queen. ^ the Queeu. 
 
 Ai>plica- 10. The Provisions of this Act referring to the Gov- 
 
 vi^ions re° ernor-Greueral extend and apply to the Cxovernor-General 
 ferring to f^p -j-]^^ Time being of Canada, or other the Chief Execu- 
 
 (.jovernor- ^ 
 
 General, tive OflBcer or Administrator for the Time being carrying 
 on the Cxovernment of Canada on behalf and in the Name 
 of the Queen, by whatever Title he is designated. 
 
 Constitu- 11. There shall be a Council to aid and advise in the 
 
 tion of 
 
 Privy Government of Canada, to be styled the Queen s Priv^- 
 Canada/""^ Co'uncil for Canada ; and the Persons who are to be Mem- 
 bers of that Council shall be from Time to Time chosen 
 and summoned by the Governor-General and sworn in as 
 Privy Councillors, and Members thereof may be from 
 Time to Time removed by the Governor-General. 
 
 All Powers 12. All Powers, Authorities, and Functions which 
 
 to be'exer^ Under any Act of the Parliament of Great Britain, or of 
 cised by j-}jp Parliament of the United Kingdom of Great Britain 
 
 Governor- '^ 
 
 General and Ireland, or of the Legislature of Upper Canada, 
 vice of Lower Canada, Canada, Nova Scotia, or New Brunswick, 
 S"^'y ., are at the U^nion vested in or exerciseable bv the respec- 
 
 Council or * ^ 
 
 alone. t.ive Governors or Lieutenant-Governors of those Pro- 
 vinces, with the Advice, or with the Advice and Consent, 
 of the respective Executive Councils thereof, or in con- 
 junction w'ith those Councils, or with any Number of 
 Members thereof, or by those Governors or Lieutenant- 
 Governors individually, shall, as far as the same con- 
 tinue in exigftence and capable of being exercised after 
 the) Union in relation to the Government of Canada, be
 
 THE BRITISH NORTH AMERICA ACT, 1307. 251 
 
 vested in and exerciseable by the (fovernor-General, with 
 the Advice or with the Ad^^c•e and Consent of or in eon- 
 junction with the Queen's Privy Council for Canada, or 
 any Members thereof, or by the Governor-General indivi- 
 dually, as the Case requires, subject nevertheless (except 
 v.'ith respect to such as exist under Acts of the Parlia- 
 ment of Great Britain or of the Parliament of the United 
 Kin<jdom of Great P>ritain and Ireland) to be abolished 
 or altered by the Parliament of Canada. 
 
 13. The Provisions of this Act referring to the Gov- ^^STro- 
 ernor-General in Council shall be construed as referrinj; visions re- 
 
 iprnnG* to 
 
 to the Governor-General acting' by and with the Advice Governor- 
 of the Queen's Privy Council for Canada. hfcoiulcii. 
 
 14. It shall be lawful for the Queen, if Her Majesty |°J^{i*°. 
 thinks fit. to authorize the Governor-General from Time esty to au- 
 to Time to appoint any Person or any Persons jointly or ciovenioi- 
 severally to be liis Deputy or Deputies within any Part or ^^"(^^^^ *'^* 
 Parts of Canada, and in that Capacity to exercise during' Deputies, 
 the Pleasure of the Governor-General such of the Powers, 
 Authorities, and Functions of the Governor-General as 
 
 the Governor-General deems it necessary or expedient to 
 assign to him or them, subject to any Limitations or Di- 
 rections expressed or given by the Queen ; but the Ap- 
 pointment of such a Deputy or Deputies shall not affect 
 the Exercise by the (Tovernor-General himself of any 
 Power, Authority, or Function. 
 
 1.5. The Command-in-Chief of the Land and Naval JJ^^^j.^^^^"^^ 
 Militia, and of all Naval and ^lilitary Forces, of and in Forces to 
 Canada, is herebv declared to continue and be vested in be vested 
 the Queen. ' J" ^^^ 
 
 16. Until the Queen otherwise directs the Seat of Seat of 
 
 Govern- 
 
 Government of Canada shall be Ottawa. mentof 
 
 Canada. 
 
 IV. — Lkgislative Power. 
 
 17. There shall be One Parliament for Canada, con- [^°JJof'pa;i.. 
 sisting of the Queen, an Upper House styled the Senate, Hament of 
 
 1 , TT ,. ^ ' Canada. 
 
 ium the House of Commons.
 
 252 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 Privileges, ig. The Privileges, Immunities, and Powers to be held 
 Houses, enjoyed, and exercised by the Senate and by the House 
 of Commons and by the Members thereof respectively 
 shall be such as are from Time to Time defined by Act of 
 the Parliament of Canada, but so that the same shall 
 never exceed those at the passing of this Act held, en- 
 joyed, and exercised by the Commons House of Parlia- 
 ment of the United Kingdom of Great Britain and Ire- 
 land and by the Members thereof. 
 
 i^rstses- 19 Tjjp Parliament of Canada shall be called to- 
 
 sion 01 the 
 
 Pariia- gether not later than Six Months after the Union. 
 
 ment of 
 
 Canada. ^0. There shall be a Session of the Parliament of 
 
 Session of Canada once at least in every Yeai', so that Twelve 
 the Parha- Mouths Shall uot intervene between the last Sitting of 
 
 ment oi ^ 
 
 Canada, the Parliament in one Session and its first Sitting in the 
 next Session. 
 
 The Senate. 
 
 Number of 21. The Senate shall, subject to the Provisions of this 
 Senators, ^(.f^ cousist of Scvcuty-two Members, who shall be styled 
 Senators. 
 
 Represen- 22. In relation to the Constitution of the Senate, 
 
 Provinces Canada shall be deemed to consist of Three Divisions — 
 
 in Senate. 
 
 1. Ontario ; 
 
 2. Quebec ; 
 
 3. The Maritime Provinces, Nova Scotia and New 
 Brunswick ; which Three Divisions sluall (subject to the 
 Provisions of this Act) be equally represented in the Sen- 
 ate as follows : Ontario by Twenty-four Senators ; Que- 
 bec by Twenty-four Senators ; and the Maritime Provin- 
 ces by Twenty-four Senators, Twelve thereof represent- 
 ing Nova Scotia, and Twelve thereof representing New 
 Brunswick. 
 
 In the case of Quebec each of the Twenty-four Sena- 
 tors representing that Province shall be appointed for 
 One of the Twenty-four Electoral Divisions of Lower Ca- 
 nada specified in Schedule A. to Chapter One of the Con- 
 solidated Statutes of Canada.
 
 THE BRITISH NORTH AMERICA ACT, 1867- 253 
 
 2:^. The Qualification of a Senator shall be as fol- Q^^aiifica- 
 
 tions of 
 lows : — Senator. 
 
 (1) He shall be of the full Age of Thirty Years : 
 
 (2) He shall be either a Natural-born Subject of the 
 
 Queen, or a Subject of the Queen naturalized 
 by an Act of the Parliament of Great Britain, 
 or of the Parliament of the United Kingdom 
 of Great Britain and Ireland, or of the Legis- 
 lature of One of the Provinces of Upper Ca- 
 nada, LoAver Canada, Canada, Nova Scotia, or 
 New Brunswick, before the Union, or of the 
 Parliament of Canada after the Union : 
 
 (3) He shall be legally or equitably seised as of 
 
 Freehold for his own Use and Benefit of 
 Lands or Tenements held in free and common 
 Socage, or seised or possessed for his own Use 
 and Benefit of Lands or Tenements held in 
 Franc-alleu or in Koture, within the Province 
 for which he is appointed, of the value of Four 
 thousand Dollars, over and above all Rents, 
 Dues, Debts, Charges, Mortgages, and Incum- 
 brances due or payable put of or charged on 
 or affecting the same : 
 
 (4) His Real and Personal Property shall be to- 
 
 gether w^orth Four thousand Dollars over and 
 above his Debts and Liabilities : 
 
 (5) He shall be resident in the Province for which 
 
 he is appointed : 
 
 (f)) In the Case of Quebec he shall have his Real Pro- 
 perty Qualification in the Electoral Division 
 for which he is appointed, or shall be resident 
 in that Division : 
 
 24. The Governor-General shall from Time to Time, Summons 
 in the Queen's Name, by Instrument under the Great 
 Seal of Canada, summon Qualified Persons to the Senate ; 
 and, subject to the Provisions of this Act, every Person 
 so summoned shall become and be a Member of the Sen- 
 ate and a Senator.
 
 254 THE BRITISH NORTH AMERCA ACT, 18C7. 
 
 Summons 25. Siicli Pei'sons shall be first summoned to the Sen- 
 
 of t irst 
 
 Body of ate as the Queen by Warrant under Her Majesty's Koyal 
 Sign Manual thinks fit to approve, and their Names shall 
 be inserted in the Queen's Proclamation of Union. 
 
 Addition 26. If at any Time on the Recommendation of the 
 
 of Senators i j i ^ i . i ^ 
 
 in certain (xovernor-ljreneral the Queen thinks fit to direct that 
 cases. Three or Six Members be added to the Senate, the Grov- 
 ernor-General may by Summons to Three or Six qualified 
 Persons (as the Case may be), representing equally the 
 Three Divisions of Canada, add to the Senate accord- 
 ingly. 
 
 Reduction 27. In casc of such Addition being at any Time made 
 
 of Senate 
 
 tD normal the Goyernoi'-General shall not summon any Person to 
 
 mim cr. ^^^ Senate, except on a further like Direction by the 
 
 Queen on the like Recommendation, until each of the 
 
 Three Diyislons of Canada is represented by Twentj'-four 
 
 Senators and no more. 
 
 Maximum 28. The Number of Senators shall not at any Time 
 
 number of t ^i j_ • i ^ 
 
 Senators, exceed Seyenty-eight. 
 
 Tenure of 29. A Senator shall, subject to the Provisions of this 
 
 Senate" -^ct, hold his Place in the Senate for Life. 
 
 Resigna- 30. A Senator may by Writing under his Hand ad- 
 
 Pkce'in dr^ssed to the Goyernor-General resign his Place in the 
 
 Senate. Senate, and thereupon the same shall be vacant. 
 
 Disquaiifi- 31, The Place of a Senator shall become vacant in 
 
 cation of 
 
 Senators, any of the following Cases : — 
 
 (1) If for Two consecutive Sessions of the Parlia- 
 
 ment he fails to give his Attendance in the 
 Senate : 
 
 (2) If he takes an Oath or makes a Declaration or 
 
 Acknowledgment of Allegiance, Obedience, or 
 Adherence to a Foreign Power, or does an Act 
 whereby he becomes a Subject or Citizen, or 
 entitled to the Rights or Privileges of a Sub- 
 ject or Citizen, of a Foreign Power : 
 
 (3) If he is adjudged Bankrupt or Insolvent, or ap- 
 
 plies for the Benefit of any Law relating to 
 Insolvent Debtors, or becomes a public De- 
 faulter :
 
 THE BRITISH NORTH AMERICA ACT, 1867. 255 
 
 (4) If he is attainted of Treason or convicted of 
 
 Felony or of any infamous Crime : 
 
 (5) If he ceases to be qualified in respect of Pro- 
 
 perty or of Residence ; provided, that a Sen- 
 ator shall not be deemed to have ceased to be 
 qualified in respect of Residence by reason 
 only of his residing at the Seat of the Govern- 
 ment of Canada while holdiny; an Ofiice under 
 that Government requiring his I'resence there. 
 
 32. When a Vacancv happens in the Senate bv Re- Summons 
 
 -^1 ' , , ^ ,-, , on V acan- 
 
 signation, Death, or otherwise, the Governor-General cy in Sen- 
 shall by Sunrimons to a fit and qualified Person fill the^*^' 
 Vacancy. 
 
 33. If anv Question arises respecting the Qualifica- Questions 
 
 , as to Qual- 
 
 tion of a Senator or a ^ acancy m the Senate the same mcations 
 shall be heard and determined by the Senate. cancils in 
 
 34. The Governor-General mav from Time to Time, 
 
 Appomt- 
 
 by Instrument under the Great Seal of Canada, appoint ment of 
 a Senator to be Speaker of the Senate, and may remove genate^.^ " 
 him and appoint another in his Stead. 
 
 35. Until the Parliament of Canada otherwise pro- Quorum of 
 vides, the Presence of at least Fifteen Senators, includ- ^^'^^*®- 
 ing the Speaker, shall be necesssary to constitute a Meet- 
 ing of the Senate for the Exercise of its Powers. 
 
 3G. Questions arising in the Senate shall be decided Voting in 
 
 Senate. 
 
 by a Majority of Voices, and the Speaker shall in all 
 Cases have a Vote, and when the Voices are equal the 
 Decision shall be deemed to be in the Negative. 
 
 Tlie House of Commons. 
 
 37. The House of Commons shall, subject to the Pro- Constitu- 
 visions of this Act, consist of One hundred and eighty- Hous^e of 
 one Members, of whom Eighty-two shall be elected ^"oi" -^"canada 
 Ontario, Sixty-five for Quebec, Nineteen for Nova Scotia, 
 
 and Fifteen for New Brunswick. 
 
 38. The Governor-General shall from Time to Time, ?ummon- 
 
 ' ing of 
 
 in the Queen's Name, by Instrument under the Great House of 
 Seal of Canada, summon and call together the House of °™™°°^- 
 Commons.
 
 256 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 Senators 39, ^ Senator sliall not be capable of beinj? elected 
 
 not to sit in „ . , , . , . T r , i. ,-, T-r 
 
 House of or of Sitting or voting as a) Member of the House of 
 Commons. Commons. 
 
 Electoral 40. Until the Parliament of Canada otherwise pro- 
 
 the four vides, Ontario, Quebec, Nova Scotia, and New ]i?uns- 
 Provmces. ^[^.^ shall, for the Purposes of the Election of JVlembers 
 to serve in the House of Commons, be divided into Elec- 
 toral Districts as follows : — 
 
 1.— ONTARIO. 
 
 Ontario shall be divided into the Counties, Ridings 
 of Counties, Cities., Parts of Cities, and Towns enumerat- 
 ed in the First Schedule to this Act, each whereof shall 
 be an Electoral District, each such District as numbered 
 in that Schedule being entitled to return One Member. 
 
 2.— QUEBEC. 
 
 Quebec shall be divided into Sixty-five Electoral Dis- 
 tricts, composed of the Sixty-five Electoral Divisions into 
 which Lower Canada is at the passing of this Act divid- 
 ed under Chapter Tw^o of the Consolidated Statutes of 
 Canada, Chapter Seventy-five of the Consolidated Sta- 
 tutes for Lower Canada, and the Act of the Province of 
 Canada of the Twenty-third Year of the Queen, Chapter 
 One, or any other Act amending the same in force at the 
 Union, so that each such Electoral Division shall be for 
 the Purposes of this Act an Electoral District entitled 
 to return One Member. 
 
 3.— NOVA SCOTIA. 
 
 Each of the Eighteen 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— NEW BRUNSWICK. 
 
 Each of the Fourteen Counties into which New 
 Brunswick is divided, including the City and County of 
 St. John, shall be an Electoral District. The City of St. 
 John shall also be a separate Electoral District. Each 
 of those Fifteen Electoral Districts shall be entitled to; 
 return One Member.
 
 THE BRITISH NOETH AMERICA ACT, 1867. 257 
 
 41. Until the Parliament of Canada otherwise pro- Continu- 
 
 . J „ T 'J! • , 1 , ,T . , ance of ex- 
 
 Tides, all Laws in force in the several Provinces at the istingEiec- 
 Uniou relative to the followinj;- Matters or any of them, J,ntii Parf 
 namely, — the Qualifications and Disqualifications of I'er- lament of 
 
 ,,,,-, , • , , , Canada 
 
 sons to be elected or toi sit or vote as Members of the otherwise 
 House of Assembly or Legislative Assembly in the seve- 1"""^'^^^- 
 ral Provinces, the Voters at Elections of such Members, 
 the Oaths to be taken by Voters, the Returning Officers, 
 their Powers and Duties, the Proceedings at Elections, 
 the Periods during which Elections may be continued, 
 the Trial of controverted Elecftions, and Proceedings inci- 
 dent thereto, the vacating of Seats of Members, and the 
 Execution of new Writs in case of Seats vacated other- 
 wise than by Dissolution, — shall respectively apply to 
 Elections of Members to serve in the House of Commons 
 for the same several Provinces. 
 
 Provided that, until the Parliament of Canada other- 
 wise provides, at any Election for a Member of the House 
 of Commons for the District of Algoma, in addition to 
 Persons qualified by the Law of the Province of Canada 
 to vote, every male British Subject, aged Twenty-one 
 Years or Upwards, being a Householder, shall have a 
 Vote. 
 
 42. For the First Election of Members to serve in ^r^^^j^feJ. 
 the House of Commons the Governor-! reueral shall cause tion. 
 Writs to be issued by such Person, in such Form, and 
 addressed to such Returning Officers as he thinks fit. 
 
 The person issuing Writs under this Section shall 
 have the like Powers as are possessed at the L^niou by 
 the Officers charged with the issuing of Writs for the 
 Election of Members to serve in the respective House of 
 Assembly or Legislative Assembly of the Province of Ca- 
 nada, Xova Scotia, or New Brunswick ; and the Return- 
 ing Officers to whom Writs are directed under this Sec- 
 tion shall have the like Powers as are possessed at the 
 Union by the Officers charged with the returning of Writs 
 for the Election of Members to serve in the same respec- 
 tive House of Assembly or Legislative Assembly. 
 
 43. In case a Vacancy in the Representation in the As to Gas- 
 House of Commons of any Electoral District happens be- ^^^3 *^^"' 
 
 POPE CON. — 17
 
 258 THE BRITISH I^ORTH AMERICA ACT, 1867. 
 
 fore tlie Meeting of the Parliament, or after the Meeting 
 of the Parliament before Provision is made by the Par- 
 liament in this Behalf, the Provisions of the last forego- 
 ing Section of this Act shall extend and apply to the is- 
 suing and returning of a Writ in respect of such vacant 
 District. 
 
 tion°of ^^' '^'^' "^^6 House of Commons on its first assembling 
 Sijeaker of after a. General Election shall proceed with all practic- 
 Commons. able Speed to elect One of its Members to be Speaker. 
 As to fill- 45. In case of a Vacancy happening in the Ofiice of 
 
 ing up Va- '' 
 
 cancy in Speaker by Death, Resignation, or- otherwise, the House 
 Speaker. ^^ Commons shall with all practicable Speed proceed to 
 elect another of its Members to be Speaker. 
 
 preliS *° ^^- Tlie Speaker shall preside at all Meetings of the 
 House of Commons. 
 
 fj^ll^^°^( 47. Until the Parliament of Canada otherwise pro- 
 
 III Ccioc or ■*- 
 
 absence of vides, in case of the Absence for any Reason of the Spea- 
 ker from the Chair of the House of Commons for a Period 
 of Forty-eight consecutive Hours, the House may elect 
 another of its Members to act as Speaker, and the Mem- 
 ber so elected shall during the continuance of such Ab- 
 sence of the Speaker have and execute all the Powers, 
 Privileges, and Duties of Speaker. 
 
 Quorum of 48. The Presence of at least Twenty Members of the 
 
 House of 
 
 Commons. House of Commous shall be necessary to constitute a 
 Meeting of the House for the Exercise of its Powers ; 
 and for that Purpose the Sj)eaker shall be reckoned as a 
 Member. 
 
 Voting in 49. Questions arising in the House of Commons shall 
 
 Commons, be decided by a Majority of Voices other than that of the 
 Speaker, and when the Voices are equal, but not other- 
 wise, the Speaker shall have a Vote, 
 
 Duration 59, Evcry House of Commons shall continue for Five 
 
 of House of 
 
 Commons. Ycars froui the Day of the Return of the Writs for choos- 
 ing the House (subject to be sooner dissolved by the Gov- 
 ernor-General), and no longer. 
 
 Re-Td"it 51. On the Completion of the Census in the Year 
 
 ment of Que thousaud eight hundred and seventy-one, and of each 
 tation. subsequent decennial Census, the Representation of the
 
 THE BRITISH XORTH AMERICA ACT, 1867. 259 
 
 Four Provinces shall be re-adjusted by such Authority, 
 in such Manner, and from such Time, as the Parliament 
 of Canada from Time to Time j'l'OA'ides, subject and ac- 
 cording to the following Rules : — 
 
 (1) Quebec shall have the fixed Number of Sixty-five 
 
 Members : 
 
 (2) There shall be assigned to each of the other Pro- 
 
 vinces such a Number of Members as will bear 
 the same Proportion to the Number of its 
 Population (ascertained at such Census) as the 
 Number Sixty -five bears to the Number of the 
 Population of Quebec (so ascertained) : 
 
 (3) In the Computation of the Number of Members 
 
 for a Province a fractional Part not exceeding 
 One Half of the whole Number requisite for 
 entitling the Province to a Member shall be 
 disregarded ; but a fractional Part exceeding 
 One Half of that Number shall be equivalent 
 toi the whole Number : 
 
 (4) On any such Re-adjufttment the Number of Mem- 
 
 bers for a Provinoe shall not be reduced unless 
 the Proportion w hich the Number of the Popu- 
 lation of the Province bore to the Number of 
 the aggregate Population of Canada at the 
 then last preceding Re-adjustment of the Num- 
 ber of Members for the Province is ascertain- 
 ed at the then latest Census to be diminished 
 by One Tw^entieth Part or upwards : 
 
 (5) Such Re-adjustment shall not take effect until the 
 
 Termination of the then existing Parliament. 
 
 52. The Number of Members of the House of Com- increase of 
 mons may be from Time to Time increased by the Parlia- House of* 
 ment of Canada, provided the proportionate Representa- Commons. 
 tion of the Provinces prescribed by this Act is not there- 
 by disturbed. 
 
 Money Votes; Royal Assent. 
 
 53. Bills for appropriating any Part of the Public Appropri- 
 Revenue, or for imposing any Tax or Impost, shall origi- tax^Biiis. 
 nate in the House of Commons.
 
 260 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 Recom- 54. It shall not be lawful for the House of Commons 
 
 of^money to adopt or pass any Vote, Resolution, Address, or Bill 
 votes. ^Qj, ^j^g Appropriation of any Part of the Public Revenue, 
 or of any Tax or Impost, to any Purpose that has not been 
 first recommended to that House by Message of the Gov- 
 ernor-General in the Session in which such Vote, Resolu- 
 tion, Address, or Bill is proposed. 
 
 Royal As- 55. Where a Bill passed by the Houses of the Parlia- 
 
 BUis, &c. nient is presented to the Governor-General for the Queen's 
 Assent, he shall declare, according to his Discretion, but 
 subject to the Provisions of this Act and to Her Majesty's 
 Instructions, either that he assents thereto in the Queen's 
 Name, or that he withholds the Queen's Assent, 
 or thati he reserves the Bill for the Signification of 
 the Queen's Pleasure. 
 
 Disallow- 56. Where the Governor-General assents to a Bill in 
 
 ftnc© bv 
 
 order in the Quecu's Name, he shall by the first convenient Oppor- 
 Actassent- tuuity Send an authentic Copy of the Act to One of Her 
 ed to by Majesty's Principal Secretaries of State, and if the Queen 
 
 Grovernor- 
 
 ■General, in Council within Two Years after Receipt thereof by the 
 Secretary of State thinks fit to disallow the Act, such Dis- 
 allowance (with a certificate of the Secretary of State of 
 the Day on which the Act was received by him) being sig- 
 nified by the Governor-General, by Speech or Message to 
 each of the Houses of the Parliament or by Proclamation, 
 shall annul the Act from and after the Day of such Signi- 
 fication. 
 
 Significa- 57. A Bill reserved for the Signification of the 
 
 tion of Queen's Pleasure shall not have auv Force unless and un- 
 
 Queen s ^ 
 
 pieasureon til within Two Years from the Day on which it was pre- 
 served, seuted to the Governor-General for the Queen's Assent, 
 the Governor-General signifies, by Speech or Message to 
 each of the Houses of the Parliament or by Proclamation, 
 that it has received the Assent of the Queen in Council. 
 
 An entry of every such Speech, Message, or Procla- 
 mation shall be made in the Journal of each House, and 
 a Duplicate thereof duly attested shall be delivered to the 
 proper Officer to be kept among the Records of Canada.
 
 THE BRITISH NORTH AMERICA ACT, 1867. 261 
 
 V. — Pkovincial Constitutions. 
 Executive Power. 
 
 58. For each Province there shall be an Officer, styled Appoint- 
 the Lientenaut-Governor, appointed by the Governor-Gen- Lfeu'ten- 
 eral in Council by Instrument under the Great Seal of ^"*"^°^^'^" 
 
 nors of 
 C anada. Provinces. 
 
 59. A Lieutenant-Governor shall hold Office during Tenure of 
 the Pleasure of the Governor-General ; but any Lieuten- L^eu^ten- 
 ant-Governor appointed after the Commencement of the ant-Gover- 
 First Session of the Parliament of Canada shall not be 
 removable within Five Years from his Appointment, ex- 
 cept for Cause assigned, which shall be communicated to 
 
 him in Writing within One Month after the Order for his 
 removal is made, and shall be communicated by Message 
 to the Senate and to the House of Commons within One 
 Week thereafter if the Parliament is then sitting, and if 
 not then within One Week after the Commencement of 
 the next Session of the Parliament. 
 
 60. The Salaries of the Lieutenant-Governors shall ?^^a"«s of 
 
 Liieuten- 
 
 be fixftd and provided by the Parliament of Canada. ant-Gover- 
 
 nors. 
 
 61. Every Lieutenant-Governor shall, before assum-Oaths,&c., 
 ing the Duties of his Office, make and subscribe before ^n[:i|o5^^": 
 the Governor-General or some Person authorized by him, "^^r. 
 Oaths of Allegiance and Office similar to those taken by 
 
 the Governor-General. 
 
 62. The Provisions of this Act referring to the Lieu- Applica- 
 tenant-Governor extend and apply to the Lieutenant-Gov- visions ^re- 
 ernor for the Time being of each Province or other the Lfputfn-'^ 
 Chief Executive Officer or Administrator for the Time ant-Gover- 
 being carrying on the Government of the Province, by 
 whatever Title he is designated. 
 
 63. The Executive Council of Ontario and of Quebec Appoint- 
 shall be composed of such Persons as the Lieutenant- Executive 
 Governor from Time to Time thinks fit, and in the first olftario^"*^ 
 instance of the following Officers, namely, — the Attornev- and Que- 
 General, the Secretary and Registrar of the Province, the 
 Treasurer of the Pro\ince, the Commissioner of Crown 
 Lands, and the Commissioner of Agriculture and Public
 
 262 THE BRITISH XORTH AMERICA ACT, 18G7. 
 
 Works, with, in Quebec, the Speaker of the Legishitive 
 Council and the Solicitor-General. 
 
 Executive . » , . , . 
 
 Govern- 64. The Constitution of the Executive Authority m 
 
 Nova Sco- each of the Provinces of Nova Scotia and New Brunswick 
 tia and shall, subiect to the Provisions of this Act, continue as it 
 Brims- exists at the Union until altered under the Authority of 
 "■'^^- this Act. 
 Powers to g- ^yj Powers, Authorities, and Functions which 
 
 be exercis- ' ' 
 
 ed by Lieu- under any Act of the Parliament of Great Britain, or of 
 Governor the Parliament of the United Kingdom of Great Britain 
 or Quebec ^^^ Ireland, or of the Legislature of Upper Canada, Low- 
 with ad- er Canada, or Canada, were or are before or at the Union 
 
 vicG or 
 
 alone. vested in or exerciseable by the respective Governors or 
 Lieutenant-Governors of those Provinces, with the Ad- 
 vice, or with the Advice and Consent, of the respective 
 Executive Councils thereof, or in conjunction with those 
 Councils, or with any Number of Members thereof, or by 
 those Governors or Lieutenant-Governors individually, 
 shall, as far as the same are capable of being exercised 
 after the LTnion in relation to the Government of Ontario 
 and Quebec respectively, be vested in and shall or may 
 be exercised by the Lieutenant-Governor of Ontario and 
 Quebec respectively, with the Advice, or with the Advice 
 and Consent of or in conjunction with the respective Exe- 
 cutive Councils, or any Members thereof, or by the Lieu- 
 tenant-Governor individually, as the Case requires, sub- 
 ject nevertheless (except with respect to such as exist un- 
 der Acts of the Parliament of Great Britain, or of the 
 Parliament of the United Kingdom of Great Britain and 
 Ireland), to be abolished or altered by the respective Leg- 
 islatures of Ontario and Quebec. 
 
 Applica- . 
 
 tionof pro- 66. The Provisions of this Act referring to the Lieu- 
 
 ferrin^ to tenaut-Goveruor in Council shall be construed as refer- 
 Lieuten- j,^^„ |q ^|^^^ Lieutenant-Governor of the Province acting 
 
 ant-Gover- '^ 
 
 nor in by and with the Advice of the Executive Council thereof. 
 
 Council. 
 
 tl^ftTon'in ^7. The Governor-General in Council may from Time 
 
 l^senc^e, ^^ rpj^^^ appoint au Administrator to execute the Office 
 Lieuten- and Functions of Lieutenant-Governor durinu' his Ab- 
 nor. °^^^ «ence, Illness, or other Inability.
 
 THE BRITISH NORTH AMERICA ACT, 18G7. 263 
 
 08. Unless and until the Executive Government of ^^atsof 
 
 T . . , . . Provincial 
 
 any rrovince otherwise directs with respect to that Pro- Govern- 
 vince, the seats of Government of the Provinces shall be "^®"*''- 
 as follows, namely, — of Ontario, the City of Toronto ; of 
 Quebec, the City of Quebec ; of Nova Bcotia, the City of 
 Halifax ; and of New Brunswick, the City of Frederic- 
 ton. 
 
 Legislative Power. 
 
 1.— ONTARIO. 
 
 69. There shall be a Lejjislature for Ontario consist- Leeiisia- 
 ing of the Lieutenant-Governor and of One House, styled Qn^^i^-.^ 
 the Legislative Assembly of Ontario. 
 
 70. The Legislative Assembly of Ontario shall be Electoral 
 composed of Eighty-two Members, to be elected to repre- ^^'^tncts. 
 sent the Eighty-two Electoral Districts set forth in the 
 
 First Schedule to this Act. 
 
 2.— QUEBEC. 
 
 71. There shall be a Legislature for Quebec consist- Legisla- 
 ing of the Lieutenant-Governor and of Two Houses, Quebec. 
 styled the Legislative Council of Quebec and the Legisla- 
 tive Assembly of Quebec. 
 
 72. The Legislative Council of Quebec shall be com- Constitu- 
 posed of Twenty-four Members, to be appointed by the Legisia- 
 Lieutenant-Governor in the Queen's Name, bv Instru- t'.je Coun- 
 
 Cll. 
 
 ment under the Great Seal of Quebec, one being ap- 
 pointed to represent each of the Twenty-four Electoral 
 Divisions of Lower Canada in this Act referred to, and 
 each holding Office for the Term of his Life, unless the 
 Legislature of Quebec otherwise provides under the Pro- 
 visions of this Act. 
 
 73. The Qualifications of the Legislative Councillors Qnalifiear 
 of Quebec shall be the same as those of the Senators for LeoisL 
 
 Quebec. the Coun- 
 
 cillors . 
 
 74. The Place of a Legislative Councillor of Quebec Resigna- 
 shall become vacant in the Cases, midcdis mutandis, inqu"ii^a- 
 which the Place of Senator becomes vacant. *''^"' *^-
 
 264 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 Vacancies. 75. When a Vacancy happens in the Legislative 
 
 Council of Quebec by Resignation, Death, or otherwise, 
 the Lieutenant-Governor, in the Queen's Name, by In- 
 strument under the Great Seal of Quebec, shall appoint 
 a fit and qualified Person to fill the Vacancy. 
 
 Questions 76. If any Question arises respecting the Qualifica- 
 
 cancies,^ tiou of a Legislative Councillor of Quebec, or a Vacancy 
 ^^- in the Legislative Council of Quebec, the same shall be 
 
 heard and determined by the Legislative Council. 
 
 Speaker of 77. The Lieutenant-Governor may from Time to 
 
 tivfcoun- Time, by Instrument under the Great Seal of Quebec, 
 cii- appoint a Member of the Legislative Council of Quebec 
 
 to be Speaker thereof, and may remove him and appoint 
 
 another in his Stead. 
 
 Quorum of 78. Until the Legislature of Quebec otherwise pro- 
 tive^Coun- vides, the Presence of at least Ten Members of the Legis- 
 ci^- lative Council, including the Speaker, shall be neces- 
 
 sary to constitute a Meeting for the Exercise of its Pow- 
 ers. 
 Votinpfin 79. Questious arising in the Legislative Council of 
 
 tivrcoun- Quebec shall be decided by a Majority of Voices, and the 
 ^^^- Speaker shall in all Cases have a Vote, and when the 
 
 Voices are equal the Decision shall be deemed to be in 
 the negative. 
 
 Constitu- 80. The Legislative Assembly of Quebec shall be 
 
 MativeAs ^omposod of Sixty-five Members, to be elected to repre- 
 sembly of sent the Sixty-five Electoral Divisions or Districts of 
 Lower Canada in this Act referred to, subject to Altera- 
 tion thereof by the Legislature of Quebec: Provided 
 that it shall not be lawful to present to the Lieutenant- 
 Governor of Quebec for Assent any Bill for altering the 
 Limits of any of the Electoral Divisions, or Districts 
 mentioned in the Second Schedule to this Act, unless the 
 Second and Third Readings of such Bill have been passed 
 in the Legislative Assembly with the Concurrence of the 
 Majority of the Members representing all those Electoral 
 Divisions or Districts, and the Assent shall not be given 
 to such Bill unless an Address has been presented by the 
 Legislative Assembly to the Lieutenant-Governor stating: 
 that it has been so passed.
 
 THE BRITISH NORTH AMERICA ACT, 1867. 265 
 
 S.— ONTARIO AXD QUEBEC. 
 
 81. The Legislatures of Outario and Quebec respec- First Ses- 
 tively shall be called together uot later than Six Months •^I'atur^s!^' 
 after the Union. 
 
 82. The Lieutenant-Governor of Ontario and of Que- Summon- 
 bec shall from Time to Time, in the Queen's Name, by In- L^i'giative 
 strument under the Great Seal of the Province, summon Assemblies 
 and call together the Legislative Assembly of the Pro- 
 vince. 
 
 83. Until the Legislature of Ontario or of Quebec Restric- 
 otherwise provides, a Person accepting or holding in On- election of 
 tario or in Quebec anv Office, Commission, or Emplov- holders of 
 
 • offices. 
 
 ment permanent or temporary, at the Nomination of the 
 Lieutenant-Governor, to which an annual Salary, or any 
 Fee, Allowance, Emolument, or profit of any Kind or 
 Amount whatever from the Provinces is attached, shall 
 not be eligible as a Member of the Legislative Assembly 
 of the respective Province, nor shall he sit or vote as 
 such ; but nothing in this Section shall make ineligible 
 any Person being a Member of the Executive Council of 
 the respective Province, or holding any of the following 
 Offices, that is to say, the Offices of Attorney-General, 
 Secretary and Registrar of the Province, Treasurer of the 
 Province, Commissioner of Crown Lands, and Commis- 
 sioner of Agriculture and Public Works, and in Quebec 
 Solicitor-General, or shall disqualify him to sit or vote 
 in the House for which he is elected, provided he is 
 elected while holding such Office. 
 
 84. Lentil the Legislatures of Ontario and Quebec re- Continu- 
 
 flnC6 of GX- 
 
 spectively otherwise provide, all Laws which at the istingelec- 
 Union are in force in those Provinces respectively, rela- 
 tive to the following Matters, or any of them, namely, — 
 the Qualifications and Disqualifications of Persons to be 
 elected or to sit or vote as Membersi of the Assembly of 
 Canada, the Qualifications or Disqualifications of Voters, 
 the Oaths to be taken by Voters, the Returning Officers, 
 their Powers and Duties, the Proceedings at Elections, 
 tlie Periods during which such Elections may be con- 
 tinued, and the Trial of controverted Elections and the 
 Proceedings incident thereto, the vacating of the Seats of 
 
 ige 
 tion La
 
 266 
 
 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 Duration 
 of Legisla 
 tive As- 
 semblies. 
 
 Yearly 
 Session of 
 Legisla- 
 ture. 
 
 Speaker, 
 Quorum, 
 &c. 
 
 Constitu- 
 tions of 
 Legisla- 
 tures of 
 Nova Sco- 
 tia and 
 New 
 Bruns - 
 wick. 
 
 Members and the issuing and Execution of new Writs in 
 case of Seats vacated otherwise than by Dissolution, shall 
 respectively appl}' to Elections of Members to serve in 
 the respective Legislative Assemblies of Ontario and Que- 
 bec. 
 
 Provided that until the Legislature of Ontario other- 
 wise provides, at any Election for a Member of the Legis- 
 lative Assembly of Ontario for the District of Algoma, in 
 addition to Persons qualified by the Law of the Province 
 of Canada to vote, every male British Subject, aged 
 Twenty-one Years or Upwards, being a Householder, 
 shall have a Vote. 
 
 85. Every Legislative Assembly of Ontario and every 
 Legislative Assembly of Quebec shall continue for Four 
 Years from the Day of the Return of the Writs for choos- 
 ing the same (subject nevertheless to either the Legisla- 
 tive Assembly of Ontario or the Legislative Assembly of 
 Quebec being sooner dissolved by the Lieutenant-Gover- 
 nor of the Pro^ince), and no longer. 
 
 86. There shall be a Session of the Legislature of 
 Ontario and of that of Quebec once at least in everyi Year, 
 so that Twelve Months shall not intervene between the 
 last Sitting of the Legislature in each Province in one 
 Session and its first Sitting in the next Session. 
 
 87. The following Provisions of this Act respecting 
 the House of Commons of Canada 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, the Absence of the Speaker, the Quorum, and 
 the Mode of voting, as if those Provisions were here re- 
 enacted and made applicable in Terms to each such Legis- 
 tive Assembly. 
 
 4.— A' 01'^ SCOTIA AND NEW BRUNSWICK. 
 
 88. The Constitution of the Legislature of each of the 
 Provinces of Nova Scotia and New Brunswick shall, sub- 
 ject to the Provisions of this Act, continue as it exists 
 at the Union until altered under the Authority of this 
 Act ; and the House of Assembly of New Brunswick ex- 
 isting at the passing of this Act shall, unless sooner dis- 
 solved, continue for the Period for which it was elected.
 
 THE BRITISH NORTH AMERICA ACT, 1867. 267 
 
 0.— ONTARIO, QUEBEC AND NOVA SCOTIA. 
 
 89. Each of the Lientenaut-Governors of Ontario, First Elec- 
 Quebec, and ZS^ova Scotia shall i-trnse Writs to be issued *'""^" 
 foi; the First Election of Members of the Legislative As- 
 sembly thereof, in such Form and by such Person as he 
 thinks fit, and at such Time and addressed to such Re- 
 turning^ (Officer as the Governor-General directs, and so 
 that the First Election of Member of Assembly for any 
 Electoral District or any Subdivision thereof shall be held 
 at the same Time and at the same Places as the Election 
 for a Member to serve in the House of Commons of Ca- 
 nada for that Electoral District. 
 
 G.—TIIE FOhll FFOriNCES. 
 
 1)0. The following Provisions of this Act respecting Applica- 
 the Parliament of Canada, namely, — the Provisions re- Le"isia- 
 lating to Appropriation and Tax Bills, the Recommenda- t"i'«^s ^.'f 
 
 ^ '^ '^ provisions 
 
 tion of Money Votes, the Assent of Bills, the Disallow- respecting 
 ance of Acts and the Signification of Pleasure on Bills ^^''ter&c. 
 reserved, — shall extend and apply to the Legislatures of 
 the several Piovinces as if those Provisions were here re 
 enacted and made applicable in Terms to the respective 
 Pronnces and the Legislatures thereof, with the Substi- 
 tution of the Lieutenant-Governor of the Province for the 
 Governor-General, of the Governor-General for the Queen 
 and for a Secretary of State, of One Year for Two Years, 
 and of the Province for Canada. 
 
 YI. — Distribution of Legislative Powers. 
 
 Foivers of the Parliament. 
 
 91. It shall be lawful for the Queen, by and with the Legisla- 
 Advice and Consent of the Senate and House of Com- thority of 
 mons, to make Laws for the Peace, Order, and good Gov- ParUa- 
 
 ' . ment of 
 
 eminent of Canada, in relation to all Matters not coming Canada. 
 within the Classes of Subjects by this Act assigned ex- 
 clusively to the Legislatures of the Provinces ; and for 
 greater Certainty, but not so as to restrict the Generality 
 of the foregoing Terms of this Section, it is hereby de- 
 clared that (notwithstanding anything in this Act) the 
 exclusive Legislative Authoritv of the Parliament of Ca-
 
 268 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 nada extends to all Matters coming within the Classes of 
 Subjects next hereinafter enumerated ; that is to say : — 
 
 1. The Public Debt and Property. 
 
 2. The Regulation of Trade and Commerce. 
 
 3. The raising of Money by any Mode or System of 
 
 Taxation. 
 
 4. The borrowing of Money on the Public Credit. 
 
 5. Postal Service. 
 
 6. The Census and Statistics. 
 
 7. Militia, Military and Naval Service, and Defence. 
 
 8. The fixing of and providing for the Salaries and 
 
 Allowances of Civil and other Officers of the 
 Government of Canada. 
 
 9. Beacons, Buoys, Lig'hthouses, and Sable Island. 
 
 10. Navigation and Shipping. 
 
 11. Quarantine and the Establishment and Mainten- 
 
 ance of Marine Hospitals. 
 
 12. Sea Coast and Inland Fisheries. 
 
 . 13. Ferries between a Province and any British or 
 Foreign Country or between Two Provinces. 
 
 14. Currency and Coinage. 
 
 15. Banking, Incorporation of Banks, and the Issue 
 
 of Paper Money. 
 
 16. Savings Banks. 
 
 17. Weights and Measures. 
 
 18. Bills of Exchange and Promissory Notes. 
 
 19. Interest. 
 
 20. Legal Tender. 
 
 21. Bankruptcy and Insolvency. 
 
 22. Patents of Invention and Discovery. 
 
 23. Copyrights. 
 
 24. Indians, and Lands reserved for the Indians. 
 
 25. Naturalization and Aliens. 
 
 26. Marriage and Divorce. 
 
 27. The Criminal Law, except the Constitution of 
 ! Courts of Criminal Jurisdiction, but including 
 ; the Procedure in ( 'riminal blatters.
 
 THE BRITISH NORTH AMERICA ACT, 1867. 269 
 
 28. The Establishment, Maintenance, and Manage- 
 
 ment of Penitentiaries. 
 
 29. Such Classes of Subjects as are expressl3' except- 
 
 ed in the Enumeration of the Classes of Sub- 
 jects by this Act assigned exclusively to the 
 Legislatures of the Provinces. 
 
 And any Matter coming within any of the Classes of Sub- 
 jects enumerated in this Section shall not be deemed to 
 come within the Class of Matters of a local or private Na- 
 ture comprised in the Enumeration of the Classes of Sub- 
 jects by this Act assigned exclusively to the Legislatures 
 of the Provinces. 
 
 Exclusive Powers of Provmcial Legislatures. 
 
 92. In each Province the Legislature may exclusively Subjects 
 make Laws in relation to Matters coming within thesive'pro- 
 Classes of Subjects next hereinafter enumerated, that is vinciai 
 
 Legisla- 
 te say, — tion. 
 
 1. The Amendment from Time to Time, notwith- 
 
 standing anything in this Act, of the Constitu- 
 tion of the Province, except as regards the 
 Office of Lieutenant-Governor. 
 
 2. Direct Taxation within the Province in order to 
 
 the raising of a Revenue for Provincial Pur- 
 poses. 
 
 3. The borrowing of Money on the sole Credit of 
 
 the Province. 
 
 4. The Establishment and Tenure of Provincial Offi- 
 
 ces and the Appointment and Payment of Pro- 
 vincial Officers. 
 
 5. The Management and Sale of the Public Lands 
 
 belonging to the Province and of the Timber 
 and Wood thereon. 
 
 6. The Establishment, Maintenance, and Manage- 
 
 ment of Public and Reformatory Prisons in 
 and for the Province. 
 
 7. The Establishment, Maintenance, and Manage- 
 
 ment of Hospitals, Asylums, Charities, and 
 Eleemosynary Institutions in and for the Pro- 
 vince, other than Marine Hospitals.
 
 270 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 8. Municipal Institutions in the Province. 
 
 9. Shop, Saloon, Tavern, Auctioneer, and other Li- 
 
 censes in order to the raising of a Revenue for 
 Pro^incial, Local, or Municipal Purposes. 
 
 10. Local Works and Undertakings other than such 
 
 as are of the following Classes, — 
 
 (a) Lines of Steam or other Ships, Railways,. 
 Canals, Telegraphs, and other Works and 
 Undertakings connecting the Province 
 with any other or others of the Pro- 
 vinces, or extending beyond the Limits 
 of the Province : 
 
 (b) Lines of Steam Ships between the Pro- 
 vince and any British or Foreign Coun- 
 try : 
 
 (c) Such Works as, although w^holly situate 
 within the Province, ai'e before or after 
 their Execution declared by the Parlia- 
 ment of Canada to be for the General 
 Advantage of Canada or for the Advan- 
 tage of Two or more of the Provinces. 
 
 11. The Incorpoi'ataion of Companies with Provincial 
 
 Objects. 
 
 12. The Solemnization of Marriage in the Province. 
 
 13. Property and Civil Rights in the Province. 
 
 14. The Administration of Justice in the Province, 
 
 including the Constitution, Maintenance, and 
 Organization of Provincial Courts, both of 
 Civil and of Criminal Jurisdiction, and includ- 
 ing Procedure in Civil Matters in those Courts. 
 
 15. The Imposition of Punishment by Fine, Penalty, 
 
 or Imprisonment for enforcing any Law of the 
 Province made in relation to any Matter com- 
 ing within any of the Classes of Subjects enu- 
 merated in this Section. 
 
 16. Generally all Matters of a merely local or private 
 
 Nature in the Province.
 
 THE BRITISH NORTH AMERICA ACT, 1867. 271 
 
 Education. 
 
 93. In and for each Province the Legishiture may ex- Legisla- 
 clusively make Laws in relation to Education, subject and specting 
 according- to the following Provisions : — education. 
 
 (!) Nothing- in any such Law shall prejudicially af- 
 fect any Right or Privilege with respect to De- 
 nominational Schools which any Class of Per- 
 vsons have by Law in the Province at the 
 Union : 
 
 (2) All the Powers, Privileges, and Duties at the 
 Union by Law conferred and imposed in Upper 
 Canada on the Separate Schools and School 
 Trustees of the Queen's Roman Catholic Sub- 
 jects shall be and the same are hereby extend- 
 ed to the Dissentient Schools of the Queen's 
 Protestant and Roman Catholic Subjects in 
 Quebec : 
 
 (3) Where in any Province a System of Separate or 
 
 Dissentient Schools exists by Law at the Union 
 or is thereafter established by the Legislature 
 of the Province, an Appeal shall lie to the Gov- 
 ernor-Genei'al in Council from any Act or De- 
 cision of any Provincial Authority affecting 
 any Right or Privilege of the Protestant or 
 Roman Catholic Minority of the Queen's Sub- 
 jects in relation to Education : 
 
 (4) In case any such Provincial Law as from Time to 
 
 Time seems to the GrOvernor-CTeneral in Coun- 
 cil requisite for the due Execution of the Pro- 
 visions of this Section is not made, or in case 
 any decision of the Governor-General in Coun- 
 cil on any Appeal under this Section is not 
 duly executed by the proper Provincial Au- 
 thority in that Behalf, then and in every 
 such case, and as far only as the Circum- 
 stances of each Case require, the Parliament 
 of Canada may make remedial Laws for the 
 due Execution of the Provisions of this Sec- 
 tion and of any Decision of the Governor-Gen- 
 eral in Council under this Section.
 
 272 
 
 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 Uniformity of Laivs in Ontario, Kova Scotia, and New 
 BriLiisivick. 
 
 94. Notwithstanding anvthing in this Act, the Par- 
 
 Legisla- 
 tion for 
 uniformity Hament of Canada may malve Provision for the Unifor- 
 
 of Laws 
 
 in three mitj of all or anv of the Laws relatiye to Property and 
 rovinces. qj^j Rights in Ontario, Nova Scotia, and New Bruns- 
 wick, and of the Procedure of all or any of the Courts in 
 those Three Provinces, and from and after the passing of 
 any Act in that Behalf the Power of the Parliament of 
 Canada, to make Laws in relation to any Matter com- 
 prised in any such Act shall, notwithstanding anything 
 in this Act, be unrestricted ; but any Act of the Parlia- 
 ment of Canada making Provision for such Uniformity 
 shall not have effect in any Province unless and until it is 
 adopted and enacted as Law by the Legislature thereof. 
 
 Concur- 
 rent 
 
 powers of 
 Legisla- 
 tion re- 
 specting 
 Agricul- 
 ture, &c. 
 
 Agriculture and Immigration. 
 
 95. In each Province the Legislature may make Laws 
 in relation to Agriculture in the Province, and to Immi- 
 gration into the Province ; and it is hereby declared that 
 the Parliament of Canada may from Time to Time make 
 Laws in relation to Agriculture in all or any of the Pro- 
 vinces, and to Immigration into all or any of the Pro- 
 vinces ; and any Law of the Legislature of a Province re- 
 lative to Agriculture or to Immigration shall have effect 
 in and for the Province as long and as far only as it is 
 not repugnant to any Act of the Parliament of Canada. 
 
 yil. — Judicature. 
 
 Appoint- 96. The G-overnor-General shall appoint the Judges 
 
 Judges! of the Superior, Distinct, and County Courts in each Pro- 
 vince, except those of the Courts of Probate in Nova 
 Scotia and New Brunswick. 
 
 Selection 97. Until the Laws relative to Property and Civil 
 
 il OntfrTo, Eiglits in Ontario, Nova Scotia, and New Brunswick, and 
 *c. the Procedure of the Courts in those Provinces are made 
 
 uniform, the Judges of the Courts of those Pronnces ap- 
 pointed by the Governor-General shall be selected from 
 the respective Bars of those Provinces.
 
 THE BRITISH NORTH AMERICA ACT, 1867. 273 
 
 98. The Judges of the Courts of Quebec, shall be selection 
 
 ^ of Judges 
 
 selected from the Bar of that Province. in Quebec. 
 
 09. The Judges of the Superior Courts shall hold Tenure of 
 
 office of 
 
 office during oood Beha-\aour, but shall be removable by .judges of 
 the Governor-General on Address of the Senate andl^P^™"^ 
 House of Commons. 
 
 100. The Salaries, Allowances, and Pensions of the Salaries, 
 Judges of the Superior, District, and County Courts (ex- ji'^^g'^.y 
 cept the Courts of Probate in Nova Scotia and New 
 Brunswick), and of the Admiralty Courts in Cases where 
 
 the Judges thereof are for the Time being paid by Salary, 
 shall be fixed and provided by the Ifarliameut of Canada. 
 
 101. The Parliament of Canada, may, notwithstand- ^®^®[^^^ 
 ing anything in this Act, from Time to Time, provide for Appeal, 
 the Constitution, Maintenance, and Organization of a 
 General Court of Appeal for Canada, and for the Estab- 
 lishment of any additional Courts for the better Adminis- 
 tration of the Laws of Canada. 
 
 VIII. — iiEVBNUES ; Debts ; Assets ; Taxation. 
 
 102. All Duties and Revenues over which the respec- Creation 
 five Legislatures of Canada, Nova Scotia, and New Bruns- soiidated 
 wick before and at the Union had and have Power of Ap-^^J^^""® 
 propriation, except such Portions thereof as are by this 
 Act reserved to the respective Legislatures of the Pro- 
 vinces, or are raised by them in accordance with the Spe- 
 cial Powers conferred on them by this Act, shall form 
 One Consolidated Revenue Fund, to be appropriated for 
 the Public Service of Canada in the Manner and subject 
 to the Charges in this Act provided. 
 
 10:j. The Consolidated Revenue Fund of Canada shall Expenses- 
 be permanently charged with the Costs, Charges, and Ex-tion',' && 
 penses incident to the Collection, Management, and Re- 
 ceipt thereof, and the same shall form the First Charge 
 thereon, subject to be reviewed and audited in such Man- 
 ner as shall be ordered by the Governor-General in Coun- 
 cil until the Parliament otherwise provides. 
 
 POPE CON. — 18
 
 274 
 
 THE BRITISH NORTH AMERICA ACT, lSfi7. 
 
 Interest of 
 Provincial 
 
 public sereral Provinces 
 
 debts. Brunswick at the Union shall form the Second Charge 
 on the Consolidated Revenue Fund of Canada. 
 
 104. The annual Interest of the Public Debts of the 
 of Canada, Nova Scotia, and New 
 
 Salary of 
 Governor 
 General. 
 
 105. 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 Re- 
 venue Fund of Canada, and the same shall form the 
 Third Charge thereon. 
 
 Appropri- 106. Subject to the several Payments by this Act 
 
 tim"to™™ charged on the Consolidated Revenue Fund of Canada, 
 time. f]^Q same shall be appropi'iated by the Parliament of Ca- 
 nada for the Public Service. 
 
 Transfer 107. All Stocks, Cash, Banker's Balances, and Se- 
 
 of stocks, 
 
 &c. curities for Money belonging to each Province at the 
 
 Time of the Union, except as in this Act mentioned, shall 
 be the Property of Canada, and shall be taken in Reduc- 
 tion of the amount of the respective Debts of the Pro- 
 vinces at tJie Union. 
 
 Transfer 108. The Public Works and Property of each Pro- 
 
 perty°in viucc, enumerated in the Third Schedule to this Act, shall 
 schedule. ^^ ^^^ Property of Canada. 
 
 Property 109. All Lauds, Mlues, Minerals, and Royalties be- 
 
 Mine" &'c. longing to the several Provinces of Canada, Nova Scotia, 
 and New Brunswick at the Union, and all Sums then due 
 or payable for such Lands, Mines, Minerals, or Royalties, 
 shall belong to the several Provinces of Ontario, Quebec, 
 Nova Scotia, and New Brunswick, in which the same are 
 situate or arise, subject to any Trusts existing in respect 
 thel'eof, and to any Interest other than that of the Pro- 
 vince in the same. 
 
 Assets 
 connected 
 with Pro- 
 vincial 
 debts. 
 
 110. All Assets connected with such Portions of the 
 Public Debt of each Province as are assumed by that 
 Province shall belong to that Province. 
 
 111. Canada shall be liable for the Debts and Liabili- 
 
 Canada to 
 
 f^OTProvin- ties of each Province existing at the Union. 
 
 cial debts.
 
 THE BRITISH NORTH AMERICA ACT, 1867. 275 
 
 112. Ontario and Quebec conjointly sliall be liable to5'^^^^°^ 
 
 Ontario 
 
 Canada for tue Amount (if any) by wlilcli the Debt of the and Que- 
 Province of Canada exceeds at the Union Sixty-two mil- ^^' 
 lion five hundred thousand Dollars, and shall be charged 
 with Interest at the Rate of Five per Centum per Annum 
 thereon. 
 
 113. The Assets enumerated in the FouTth Schedule Assets of 
 to this Act belono-ino' at the Union to the Province of Ca- SS Que- 
 nada: shall be the Property of Ontario and Quebec con-^ec. 
 jointly. 
 
 114. Nova Scotia shall be liable to Canada for the Debt of 
 Amount (if any) by which its Public Debt exceeds at the scotia. 
 Union Eight million Dollars, .and shall be charged with 
 Interest at the Rate of Five per Centum per Annum 
 thereon. 
 
 115. New Brunswick shall be liable to Canada for Debt 
 the Amount (if any) "by which its Public Debt exceeds isruns- 
 at the Union Seven million Dollars, and shall be charged '^^^^' 
 with interest at the Rate of Five per Centum per Annum 
 thereon. 
 
 116. In case the Public Debts of Nova Scotia and Payment 
 
 . , ^^ . _. , of interest 
 
 [New Brunswick do not at the Union amount to Eight to Nova 
 million and Seven million Dollars respectively, they shall a^d^New 
 respectivelv receive bv half-vearlv Pavments in advance Bmns- 
 
 ' ' ' ' wick. 
 
 from the Grovernment of Canada Interest at Five per Cen- 
 tum per Annum on the Difference between the actual 
 Amounts of their respective Debts and such stipulated 
 Amounts. 
 
 117. The several Provinces shall retain all their re- Provincial 
 si)ective Public Property not otherwise disposed of in this perty? 
 Act, subject to the Right of Canada to assume any Lands 
 
 or Public Property required for Fortifications or for the 
 Defence of the Country. 
 
 118. The following Sums shall be paid vearlv by Ca- Grants to 
 
 ' Provinces.
 
 276 
 
 Further 
 grant to 
 New 
 Bruns- 
 wick. 
 
 Form of 
 payments. 
 
 Canadian 
 manufac- 
 tures, &c. 
 
 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 nada to tlie several Provinces for the Support of their 
 
 Governments and Legislatures : 
 
 Dollars. 
 
 Ontario Eighty thousand. 
 
 Quebec Seventy thousand. 
 
 Nova Scotia Sixty thousand. 
 
 New Brunswick Fifty thousand. 
 
 Two hundt-ed and sixty thousand ; 
 and an annual Grant in aid of each Province shall be 
 made, equal to Eighty Cents per Head of the Population 
 as ascertained by the Census of One thousand eight hun- 
 dred and sixty-one, and in the Case of Nova Scotia and 
 New Brunswick, by each subsequent Decennial Census un- 
 til the Population of each of those two Provinces amounts 
 to Four hundred thousand Souls, at which Rate such 
 Grant shall thereafter remain. Such Grants shall be in 
 full Settlement of all future Demands on Canada, and 
 shall be paid half-yearly in advance to each Province ; 
 but the Government of Canada shall deduct from such 
 Grants, as against any Province, all Sums chargeable as 
 Interest on the Public Debt of that Province in excess of 
 the several Amounts stipulated in this Act. 
 
 119. New Brunswick shall receive by half-yearly Pay- 
 ments in advance from Canada for the Period of Ten 
 Years from the Union an additional Allowance of Sixty- 
 three thousand Dollars per annum ; but as long as the 
 Public Debt of that Province remains under Seven mil- 
 lion Dollars, a Deduction equal toi the Interest at Five 
 per Centum per Annum on such Deficiency shall be made 
 from that Allowance of Sixty-three thousand Dollars. 
 
 120. All Payments to be made under this Act, or in 
 discharge of Liabilities created under any Act of the Pro- 
 vinces of Canada, Nova Scotia, and New Brunswick re- 
 spectively, and assumed by Canada, shall, until the Par- 
 liament of Canada otherwise directs, be made in such 
 Form and Manner as may from Time to Time be ordered 
 by the Governor-General in Council. 
 
 121. All Articles of the Growth, Produce, or Manu- 
 facture of any one of the Provinces shall, from and after 
 the Union, be admitted free into each of the other Pro- 
 vinces.
 
 THE BRITISH NORTH AMERICA ACT, 18G7. 277 
 
 122. The Customs and P^xcise Laws of each Province Continu- 
 
 .... . auce of 
 
 shall, subject to the I'rorisions of this Act, continue in customs 
 force until altered by the Parliament of Canada. Latf'"'''^ 
 
 128. Whei-e Customs Duties are, at the I'nion, levi-Exporta- 
 able on any (loods. Wares, or Merchandises in any Two il^p^rta- 
 Provinees, those Goods, Wares, and Merchandises may, ^^'of^^s 
 
 ' between 
 
 from and after the I^nion, be imported from one of those two Pro- 
 Proyinces into the other of tliem on l*roof of I'avment of ^^"^''• 
 the Customs Duty leviable thereon in the IM-ovinee of 
 Exportation, and on Payment of such further Amount (if 
 any) of Customs Duty as is leviable thereon in the Pro- 
 vince of Importation, 
 
 124 Nothing in this Act shall affect the Right of Lumber 
 
 New Brunswick to levy the Lumber Dues provided in^^^^^^" 
 
 €hapter Fifteen of Title Three of the Revised Statutes of Bruns- 
 wick. 
 New Brunsw ick, or in any Act amending that Act before 
 
 or after the Union, and not increasing the Amount of 
 
 such Dues ; but the Lumber of any of the Provinces other 
 
 than New Brunswick shall not be subject to such dues. 
 
 125. No Lands or Property belonging to Canada orExemp- 
 any Province shall be liable to Taxation. Public 
 
 Lands, &c. 
 
 126. Such Portions of the Duties and Revenues over provincial 
 which the respective Legislatures of Canada, Nova Scotia, ^o^^^^^" 
 and New Brunswick had before the LTnion Power of Ap- revenue 
 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 the 
 Province. 
 
 IX. ^.IrSCELLANROUS PROVISIONS. 
 
 General. 
 
 127. If any Person being at the passing of this Act a As to 
 Member of the Legislative Council of Canada, Nova {.[^.1 q^uj^. 
 Scotia, or New Brunswick, to whom a Place in the Senate ciiiors of 
 
 Provinces 
 
 is offered, does not within Thirty Days thereafter, by becoming 
 Writing under his Hand addressed to the Governor- ^^^^ °^^'
 
 278 
 
 THE BRITISH NORTH AMERICA ACT, l^^?. 
 
 Oath of 
 Allegi- 
 ance, &c. 
 
 Continu- 
 ance of 
 existing 
 Laws, 
 Courts, 
 Officers, 
 &c. 
 
 Transfer, 
 of officers 
 to Canada. 
 
 General of the Province of Canada or to the Lieutenant- 
 Governor of Nova Scotia or New Brunswick (as the Case 
 may be) accept the same, he shall be deemed to have de- 
 clined the same ; and any Person who, being at the pass- 
 ing of this Act a Member of the Legislative Council of 
 Nova Scotia or New Brunswick, accepts a. Place in the 
 Senate, shall thereby vacate his Seat in such Legislative 
 Council. 
 
 128. Every Member of the Senate or House of Com- 
 mons of Canada shall before taking his Seat therein take 
 .and subscribe before the Governor-General or some Per- 
 son authorized by him, and every Member of a Legisla- 
 tive 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 con- 
 tained in the Fifth Schedule to this Act ; and every Mem- 
 ber of the 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 Declara- 
 tion of Qualification contained in the same Schedule. 
 
 129. Except as otherwise provided by this Act, all 
 Laws in force in Canada, Nova Scotia, or New Brunswick 
 at the L'nion, and all Courts of Civil and Criminal Juris- 
 diction, and all Legal Commissions, Powers, and Authori- 
 ties, and all Officers, Judicial, Administrative, and Minis- 
 terial, existing therein at the Union, shall continue in 
 Ontario, Quebec, Nova Scotia, and New Brunswick re- 
 spectively, as if the Union had not been made ; subject 
 nevertheless (except with respect to such as are enacted 
 by or exist under Acts of the Parliament of Great Bri- 
 tain or of the Parliament of the United Kingdom of Great 
 Britain and Ireland), to be repealed, abolished, or altered 
 by the Parliament of Canada, or by the Legislature of the 
 respective Province, according to the Authority of the 
 Parliament or of that Legislature under this Act. 
 
 130. Until the Parliament of Canada otherwise pro- 
 vides, all Officers of the several Provinces having Duties 
 to discharge in relation to Matters other than those
 
 THE BRITISH NORTH AMERICA ACT, 1867. 279 
 
 coming within the Classes of Subjects by this Act, as- 
 signed exclusively to the Legislatures of the Provinces 
 shall be Officers of Canada, and shall continue to dis- 
 charge the Duties of their respective Offices under the 
 same Liabilities, Eesponsibilities, and Penalties as if the 
 Union had not been made. 
 
 131. Until the Parliament of Canada otherwise pro- Appoint- 
 vides, the Governor-General in Council may from Time to new offi- 
 Time appoint suclr Officers as the Governor-General in*^<^"- 
 Council deems necessary or proper for the effectual Exe- 
 cution of this Act. 
 
 132. The Parliament and Government of Canada Treaty 
 shall have all Powers necessary or proper for performing tionl* 
 the Obligations of Canada, or of any Province thereof, as 
 Part of the British Empire, towards Foreign Countries, 
 arising under Treaties between the Empire and such 
 Foreign Countries. 
 
 133. Either the English or the French Language may Use of 
 
 be used by any Person in the Debates of the Houses of ^'jj^^^p.'^^j^^jj 
 
 the Parliament of Canada and of the Houses of the Legis- Langu- 
 ages. 
 lature of Quebec; 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 Per- 
 son 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. 
 
 The Acts of the Parliament of Canada and of the 
 Legislature of Quebec shall be jjrinted and published in 
 both tbose Languages. 
 
 Ontario and Qaehec. 
 
 134. Until the Legislature of Ontario or of Quebec Appoint- 
 otherwise provides, the Lieutenant-Governors of Ontario executive 
 and Quebec may eachi appoint under the Great Seal of q*]|^^i^?^ ^""^ 
 the Province the following Officers, to hold Office during and Que- 
 IMeasure, that is to say, — the Attorney-General, the Sec- 
 retary and Registrar of the Province, the Treasurer of 
 
 the Province, the Commissioner of Crown Lands, and the 
 Commissioner of Agriculture and Public Works, and in 
 the case of Quebec the Solicitor-General ; and may, by
 
 2,80 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 order of the Lieutenant-Governor in Council, from Time 
 to Time prescribe the Duties of those Officers and of the 
 several Departments over w^hich they shall preside or to 
 which they shall belong, and of the Officers and Clerks 
 thereof ; and may also appoint other and additional Offi- 
 cers to hold Office during Pleasure, and may from Time 
 to Time prescribe the Duties of those Officers, and of the 
 several Departments over which they shall preside or to 
 which they shall belong, and of the Officers and Clerks 
 thereof. 
 
 Powers, 135. Until the Legislature of Ontario or Quebec 
 
 &TX'f otherwise provides, all Rights, Powers, Duties, Func- 
 Executive tions, Responsibilities, or Authorities at the passing of 
 
 officers. 7 r 7 i o 
 
 this Act vested in or imposed on the Attorney-Ueneral, 
 Solicitor-Oeneral, Secretary and Registrar of the Pro- 
 vince of Canada, Minister of Finance, Commissioner of 
 Crown Lands, Commissioner of Public Works, and Min- 
 ister of Agriculture and Receiver-General, by any Law, 
 Statute or Ordinance of Upper Canada, Lower Canada, 
 or Canada, and not repugnant to this Act, shall be vested 
 in or Imposed on any Officer to be appointed by the Lieu- 
 tenant-Governor for the Discharge of the same or any of 
 them ; and the Commissioner of Agriculture and Public 
 Works shall perform the Duties and Functions of the 
 Office of Minister of Agriculture at the passing of this 
 Act imposed by the Law of the Province of Canada, as 
 well as those of the Commissioner of Public Works. 
 
 Q^gg^i; 136. Until altered by the Lieutenant-Governor in 
 
 Seals. Council, the Great Seals of Ontario and Quebec respec- 
 tively shall be the same, or of the same Design, as those 
 used in the Provinces of Upper Canada and Lower Can- 
 ada respectively before their Union as the Province of 
 Canada. 
 
 Construe- 137. The Words " and from thence to the End of the 
 
 temporary " ^^^^^ ^ext eusuiug Sessiou of the Legislature," or 
 Acts. Words to the same Effect, used in any temporary Act of 
 the Province of Canada not expired before the Union, 
 shall be construed to extend and apply to the next Ses- 
 sion of the Parliament of Canada, if the subject Matter 
 of the Act is within the Powers of the same, as defined
 
 THE BRITISH NORTH AMERICA ACT, 1SG7. 281 
 
 by this Act, ov to tlie next Sessions of the Legislatnres 
 of Ontario and Quebec respectively, if the Subject Mat- 
 ter of the Act is within the Powers of the same as de- 
 fined by this Act. 
 
 138. From and after the Union the Use of the As to 
 Words " Upper Canada " instead of " Ontario," or " Low- nam'es.'" 
 er Canada " instead of " Quebec," in any Deed, Writ, 
 Process, Pleading, Document, Matter, or Thing, shall not 
 invalidate the same. 
 
 139. Any Proclamation under the Great Seal of the As to 
 Province of Canada issued before the Union to take Prociama- 
 effect at a Time which is subsequent to the Union, t'<Jii«^be- 
 
 fore Union 
 
 whether relating to that Province, or to Upper Canada, to com- 
 er to Lower Canada, and the several Matters and Things "fter 
 therein proclaimed shall be and continue of like Force ^^'^i*^'^- 
 and Effect as if the Union had not been made. 
 
 140. Any Proclamation which is authorized by any As to issue 
 Act of the Legislature of the Province of Canada to be °Ja^o°?' 
 issued under the Great Seal of the Province of Canada, ?;tej 
 
 Union. 
 
 whether relating to that Province, or to LTpper Canada, 
 or to Lower Canada, and which is not issued before the 
 Union, may be issued by the Lieutenant-Governor of On- 
 tario or of Quebec, as its Subject Matter requires, under 
 the Great Seal thereof ; and from and after the Issue of 
 such Proclamation the same and the several Matters and 
 Things therein proclaimed shall be and continue of the 
 like Force and Effect in Ontario or Quebec as if the 
 Union had not been made. 
 
 141. The Penitentiary of the Province of Canada Peniten- 
 shall, until the Parliament of Canada otherwise provides, 
 
 be and continue the Penitentiary of Ontario and of Que- 
 bec. 
 
 142. The Division and Adjustment of the Debts, Arbitra- 
 Credits, Liabilities, Properties, and Assets of Upper Can- specting 
 ada and Lower Canada shall be referred to the Arbitra- ^®^*^' *''• 
 ment of Three Arbitrators, One chosen by the Gov- 
 c^rnment of Ontario, One by tlie Government of Quebec, 
 
 and One by the Government of Canada ; and the Selec- 
 tion of the Arbitrators shall not be made imtil the Par-
 
 282 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 liament of Canada and the Legislatures of Ontario and 
 Quebec liare met ; and the Arbitrator chosen by the 
 Government of Canada shall not be a Resident either in 
 Ontario or in Quebec. 
 
 S'rSrds. 1^^- T^<^ GoTernor-Oeneral in Council may from 
 
 Time to Time order that such and so many of the Re- 
 cords, Books, and Documents of the Province of Canada 
 asj he thinks fit shall be appropriated and delivered 
 either to Ontario or to Quebec, and the same shall thence- 
 forth be the Property of that Province ; and any Copy 
 thereof or Extract therefrom, duly certified by the Officer 
 having charge of the Original thereof, shall be admitted 
 as Evidence. 
 Constitu- 144. The Lieutenant-Governor of Quebec may from 
 
 townships Time to Time, by Proclamation under the Great Seal of 
 m Quebec, f^ie Province, to take effect from a day to be appointed 
 therein, constitute Townships in those Parts of the Pro- 
 vince of Quebec in which Townships are not then already 
 constituted, and fix the Metes and Bounds thereof. 
 
 X. — Intercolonial Railway. 
 Duty of 145. Inasmuch as the Provinces of Canada, Nova 
 
 menrand Scotla, and New Brunswick have joined in a Declara- 
 Parha- -j-Jqjj |Jjj^^ f^Q Construction of the Intercolonial Railway 
 
 ment of "^ 
 
 Canada to is essential to the Consolidation of the Union of British 
 way herein North America, and to the Assent thereto of Nova Scotia 
 described, r^j^^ New Bruuswick, and have consequently agreed that 
 Provision should be made for its immediate Construc- 
 tion by the Government of Canada ; Therefore, in order 
 to give effect to that Agreement, it shall be the Duty of 
 the (Government and Parliament of Canada to provide for 
 the Commencement within Six Months after the Union, 
 of a Railway connecting the River St. Lawrence with 
 City of Halifax in Nova Scotia, and for the Construction 
 thereof without Intermission, and the Completion thereof 
 with all practicable Speed. 
 
 XI. — Admission of other Colonies. 
 Power to 146. It shall be lawful for the Queen, by and with 
 
 *^™'* ^ the Advice of Her Maiestv's Most Honourable Privy Coun- 
 
 New found- j . . » 
 
 land, &c. cil, ou Addresscs from the Houses of the Parliament of 
 uSon.^ Canada, and from the Houses of the respective Legisla- 
 
 J
 
 THE BRITISH NORTH AMERICA ACT, 1867. 283 
 
 tures of the Colonies or Provinces of Newfoundland, 
 Prince Edward Island, and British Columbia, to admit 
 those Colonies or Provinces, or any of them, into the 
 Union, and on Address from the Houses of the Parlia- 
 ment of Canada to admit Rupert's Land and the North- 
 western Territory, or either of them, into the Union, on 
 suoli Terms and Conditions in each Case as are in the 
 Addresses expressed and as the Queen thinks fit to ap- 
 prove, subject to the Provisions of this Act ; and the 
 Provisions of any Order in Council in that Behalf shall 
 have effect as if they had been enacted by the Parliament 
 of the United Kingdom of Great Britain and Ireland. 
 
 147. In case of the Admission of Newfoundland and As to re- 
 Prince Edward Island, or either of them, each shall betionof 
 entitled to a Representation in the Senate of Canada of ^^^^'jj^^^^j 
 Four Members, and (notwithstanding anvthing in this and Prince 
 
 ' Edward 
 
 Act) in case of the Admission of Newfoundland the Nor- island in 
 mal Number of Senators shall be Seventy-Six and their ^^"^*^- 
 Maximum Number shall be Eighty-two ; but Prince 
 Edward Island when admitted shall be deemed to be 
 comprised in the third of the Three Divisions into which 
 Canada is, in relation to the Constitution of the Senate, 
 divided by this Act, and accordingly, after the Admission 
 of Prince Edward Island, whether Newfoundland is ad- 
 mitted or not, the Representation of Nova Scotia and 
 New Brunswick in the Senate shall, as Vacancies occur, 
 be reduced from Twelve to Ten Members respectively, 
 and the Representation of each of those Provinces shall 
 not be increased at any Time beyond Ten, except under 
 the Provisions of this Act for the Appointment of Three 
 or Six additional Senators under the Direction of the 
 Queen.
 
 284 THE BRITISH NORTH AMERICA ACT, 1807- 
 
 SCHEDULES. 
 
 THE FIRST SCHEDULE. 
 
 Electoral Districts of Ontario. 
 A. 
 
 Existing Electoiul Divisions. 
 
 Counties. 
 
 1. Prescott. 6. Carleton. 
 
 2. Glengarry. 7. Prince Edward. 
 
 3. Stormont. 8. Halton. 
 
 4. Dundas. 9. Essex. 
 
 5. Russell. 
 
 Ridings of Counties. 
 
 10. Nortli Riding of Lanark. 
 
 11. South Riding of Lanark. 
 
 12. I^orth Riding of Leeds and North Riding of Gren- 
 
 ville. 
 
 13. South Riding of Leeds. 
 
 14. South Riding of Grenville. 
 
 15. East Riding of Northumberland. 
 
 16. West Riding of Northumberland (excepting there- 
 
 from the Township of South Monaghan.) 
 
 17. East Riding of Durham. 
 
 18. West Riding of Durham. 
 
 19. North Riding of Ontario. 
 
 20. South Riding of Ontario. 
 
 21. East Riding of York. 
 
 22. West Riding of York. 
 
 23. North Riding of York. 
 
 24. North Riding of Wentworth. 
 
 25. South Riding of Wentworth. 
 
 26. East Riding of Elgin. 
 
 27. West Riding of Elgin. 
 
 28. North Riding of Waterloo.
 
 SCHEDULES OF. 285 
 
 29. South Riding of Waterloo. 
 
 30. North Riding of Brant. 
 
 31. South Riding of Brant. 
 
 32. North Riding of Oxford. 
 
 33. South Riding of Oxford. 
 
 34. East Riding of Middlesex. 
 
 Cities, Parts of Cities, and Towns. 
 
 35. West Toronto. 
 
 36. East Toronto. 
 
 37. Hamilton. 
 
 38. Ottawa. 
 
 39. Kingston. 
 
 40. London. 
 
 41. Town of Brockville, with the Township of Eliza- 
 
 bethtown thereto attached. 
 
 42. Town of Niagara, with the Township of Niagara 
 
 thereto attached. 
 
 43. Town of Cornwall, with the Township of Corn- 
 
 wall thereto attached. 
 
 B. 
 
 New Electoral Divisions. 
 
 44. The Provisional Judicial District of Algoma. 
 The County of Bruce, divided into Two Ridings, to 
 
 be called respectively the North and South Ridings: — 
 
 45. The North Riding of Bruce to consist of the 
 
 Townships of Bury, Lindsay, Eastnor, Albe- 
 marle, Amable, Arran, Bruce, Elderslie, and 
 Saugeen, and the Village of Southampton. 
 
 46. The South Riding of Bruce to consist of the 
 
 Townships of Kincardine (including the Vil- 
 lage of Kincardine), Greenock, Brant, Huron, 
 Kinloss, Culross, and Carrick. 
 
 The County of Huron, divided into Two Ridings, to 
 be called respectively the North and South Ridings : —
 
 286 THE BRITISH ISORTH AMERICA ACT, 1867. 
 
 47. The North Riding to convsist of the Townships of 
 
 Ashfield, Wawanosh, Turnberry, Howiek, Mor- 
 ris, Grey, Colborne, Hullett, including the 
 Village of Clinton, and McKillop. 
 
 48. The South Riding to consist of the Town of God- 
 
 erich and the Townships of Goderich, Tucker- 
 smith, Stanley, Hay, Usborne, and Stephen. 
 
 The County of Middlesex, divided into Three Ridings, 
 to be called respectively the North, West, and East 
 Ridings : — 
 
 49. The North Riding to consist of the Townships of 
 
 McGillivray and Biddulph (taken from the 
 County of Huron), and Williams East, Wil- 
 liams West, Adelaide, and Lobo. 
 
 50. The West Riding to consist of the Townships of 
 
 Delaware, Carradoc, Metcalfe, Mosa and Ek- 
 frid, and the Village of Strathroy. 
 [The East Riding to consist of the Townships now 
 embraced therein, and be bounded as it is at 
 present.] 
 
 51. The County of Lambton to consist of the Town- 
 
 ships of Bosanquet, Warwick, Plympton, Sar- 
 nia, Moore, Enniskillen, and Brooke, and the 
 Town of Sarnia. 
 
 52. The County of Kent to consist of the Townships 
 
 of Chatham, Dover, East Tilbury, Romney, 
 Raleigh, and Harwich, and the Town of Chat- 
 , ham. 
 
 53. The County of Bothwell to consist of the Town- 
 
 ships of Sombra, Dawn, and Euphemia (taken 
 from the County of Lambton), and the Town- 
 ships of Zone, Camden with the Gore thereof, 
 Orford, and Howard (taken from the County 
 of Kent). 
 The County of Grey divided into Two Ridings, to be 
 called respectively the South and North Ridings : — 
 
 54. The South Riding to consist of the Townships of 
 
 Bentinck, Glenelg, Artemesia, Osprey, Nor- 
 manby, Egremont, Proton, and Melancthon.
 
 SCHEDULES OF. 287 
 
 55. The Xoi'th Ridinf^ to consist of the Townships of 
 Collingwood, Euphrasia, Holland, Saint-Vin- 
 cent, Sydenham, Sullivan, Derby, and Keppel, 
 Sarawak and Brooke, and the Town of Owen 
 Sound. 
 
 The County of Perth divided into Two Ridinj^s, to be 
 called respectively the South and North Ridings : — 
 
 5(5. The North Riding to consist of the Townships of 
 Wallace, Elma, Logan, Ellice, Mornington, 
 and North Easthope, and the Towm of Strat- 
 ford. 
 
 57. The South Riding to consist of the Townships of 
 
 Blanchard, Downie, South Easthope, Fullar- 
 ton, Hibbert, and the Villages of Mitchell and 
 Ste. Marys. 
 
 The County of Wellington divided into Three Rid- 
 ings, to be called respectively North, South and Centre 
 Ridings : — 
 
 58. The North Riding to consist of the Townships of 
 
 Amaranth, Arthur, Luther, Minto, Mary- 
 borough, Peel, and the Village of Mount For- 
 est. 
 
 59. The Centre Riding to consist of the Tow^nships of 
 
 Garafraxa, Erin, Eramosa, Nichol, and Pil- 
 kington, and the Villages of Fergus and Flora. 
 
 GO. The South Riding to consist of the Town of 
 Guelph, and the Townships of Guelph and 
 Puslinch. 
 
 The County of Norfolk, divided into Two Ridings, to 
 be called respectively the South and North Ridings : — 
 
 61. The South Riding to consist of the Townships of 
 Charlotteville, Houghton, Walsingham, and 
 Woodhouse, and with the Gore thereof. 
 
 G2. The North Riding to consist of the Townships 
 of Middleton, Townsend, and Windham, and 
 the Town of Simcoe. 
 
 03. The County of Haldimand to consist of the Town- 
 ships of Oneida, Seneca, Cayuga North, Cayuga 
 South, Rainham, Walpole, and Dunn.
 
 288 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 64. The County of Monck to consist of the Town- 
 
 ships of Canborough and Moulton, and Sher- 
 brooke, and the Village of Dunnville (taken 
 from the County of Haldiniand), the Town- 
 ships of Caistor and Gainsborough (taken from 
 the County of Lincoln), and the Townships of 
 Pelham and Wainfleet (taken from the County 
 of Welland). 
 
 65. The County of Lincoln to consist of the Town- 
 
 ships of Clinton, Grantham, Grimsby, and 
 Louth, and the Town of St. Catherines. 
 
 66. The County of Welland to consist of the Town- 
 
 ships of Bertie, Crowland, Humberstoue, 
 Stamford, Thorold, and Willoughby, and the 
 Villages of Chippewa, Clifton, Fort Erie, Thor- 
 old, and Welland. 
 
 67. The County of Peel to consist of the Townships 
 J of Chinguacousy, Toronto, and the Gore of 
 
 Toronto, and the Villages of Brampton and 
 Streetsville. 
 
 68. The County of Cardwell to consist of the Town- 
 
 ships of Albion and Caledon (taken from the 
 County of Peel), and the Townships of Adjala 
 and Mono (taken from the County of Simcoe). 
 
 The County of Simcoe, divided into Two Ridings, to 
 be called respectively the South and the North Rid- 
 ings : — 
 
 69. The South Riding to consist of the Townships of 
 
 West Gwillimbury, Tecumseth, Innisfil, Essa, 
 Tossorontio, Mulmur, and the Village of Brad- 
 ford. ' 
 
 70. The North Riding to consist of the Townships of 
 
 Nottawasaga, Sunnidale, Vespra, Flos, Oro, 
 Medonte, Orillia and Matchedash, Tiny ard 
 Tay, Balaklava and Robinson, and the Towns 
 of Barrie and Collingwood. 
 
 The County of Victoria, divided into Two Ridings, 
 to be called respectively the South and North Ridings : — 
 
 i
 
 SCHEDULES (3F. 289 
 
 71. The South Riding to consist of the Townships of 
 
 Ops, Mariposa, Emily, Yerulam, and the Town 
 of Lindsay. 
 
 72. The North Riding to consist of the Townsliips of 
 
 Anson, Bexley, Carden, Daltou, Digby, Eldou, 
 Fenelon, Hindon, Laxton, Lutterworth, Mac- 
 auhiy and Draper, Sommerville, and Morrison, 
 Muskoka, Monek and Watt (taken from the 
 County of Simcoe), and any other surveyed 
 Townships lying to the North of the said 
 North Riding. 
 
 The County of Peterborough, divided into Two Rid- 
 ings, to be called respectively the WestI and East Rid- 
 ings : — 
 
 73. The West Riding to consist of the Townships of 
 
 Soutli Monaghan (taken from the County of 
 Northumberland), North Monaghan, Smith, 
 and Ennism'ore, and the Town of Peter- 
 borough. 
 
 74. The East Riding to consist of the Townships of 
 
 Asphodel, Belmont and Methuen, Douro, 
 Dummer, Gralway, Harvey, Minden, Stanhope 
 and Dysart, Otonabee, and Snowden, and the 
 Village of Ashburnham, and any other sur- 
 veyed Townships lying to the North of the 
 said East Riding. 
 
 The County of Hastings, divided into Three Ridings, 
 to be called respectively the West, East, and North Rid- 
 ings : — 
 
 75. The West Riding to consist of the Town of Belle- 
 
 ville, the Township of Sydney, and the Village 
 of Trenton. 
 7G. The East Riding to consist of the Townships of 
 Thurlow, Tyendinaga, and Hungerford. 
 
 77. The North Riding to consist of the Townships of 
 Rawdon, Huntingdon, Madoc, Elzevir, Tudor, 
 Marmora, and Lake, and the Village of Stirl- 
 ing, and any other surveyed Townships lying 
 to the North of the said North Riding. 
 
 POPE CON. — 19
 
 290 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 78. The County of Lennox, to consist of the Town- 
 
 ships of Richmond, Adolphustown, North 
 Fredericksburgh, South Fredericksburgh, 
 Ernest Town, and Amherst Island, and the 
 Village of Napanee. 
 
 79. The County of Addington to consist of the Town- 
 «h^ ships of Camden, Portland, Sheffield, Hinchin- 
 
 brooke, Kaladar, Kennebec, Olden, Oso, Ang- 
 lesea, Barrie, Clarendon, Palmerston, Effing- 
 ham, Abinger, Miller, Canonto, Denbigh, 
 Loughborough, and Bedford. 
 
 80. The County of Frontenac to consist of the Town- 
 
 ships of Kingston, Wolfe Island, Pittsburgh 
 and Howe Island, and Storrington. 
 
 The County of Renfrew, divided into Two Ridings, 
 to be called respectively the South and Xorth Ridings : — 
 
 81. The South Riding to consist of the Townships of 
 
 McNab, Bagot, Blithlield, Brougham, Horton, 
 Admaston, Grattan, Matawatchan, G-riffith, 
 Lyndoch, Raglan, Radcliffe, Brudenell, Sebas- 
 topol, and the Villages of Arnprior and Ren- 
 frew. 
 
 82. The North Riding to consist of the Townships of 
 
 Ross, Bromley, Westmeath, Stafford, Pem- 
 broke, Wilberforce, Alice,Petawawa,Buchnnan, 
 South Algona, North Algona, Eraser, McKay, 
 Wylie, Rolph, Head, Maria, Clara, Hagarty, 
 Sherwood, Burns, and Richards, and any 
 other surveyed Townships lying North-west- 
 erly of the said North Riding. 
 
 Every ^own and incorporated Village existing at the 
 Union, not specially mentioned in this Schedule, is to 
 be taken as Part of the County or Riding within which 
 it is locallv situate.
 
 SCHEDULES OF. 291 
 
 THE SECOND SCHEDULE. 
 
 Electoral Districts of Quebec specially fixed. 
 
 Counties of 
 
 Pontiac. Missisquoi. Compton. 
 
 Ottawa. Brome. Wolfe and Riclimond. 
 
 Argenteuil. Shefford. Meoantlc. 
 
 Huntingdon. Stanstead. 
 
 Town of Sherbrooke. 
 
 THE THIRD SCHEDULE. 
 
 Provincial Public Works and Property to be the Property 
 of Canada. 
 
 1. Canals, with Lands and Water Power connected 
 
 therewith. 
 
 2. Public Harbours. 
 
 3. Lighthouses and Piers, and Sable Island. 
 
 4. Steamboats, Dredges, and public Vessels. 
 
 5. Rivers and Lake Improvements. 
 
 6. Railways and Railway Stocks, Mortgages, and 
 
 other Debts due by Railway Companies. 
 
 7. Military Roads. 
 
 8. Custom Houses, Post Offices, and all other Public 
 
 Buildings, except such as the Government of 
 Canada appropriate for the Use of the Pro- 
 vincial Legislatures and Governments. 
 
 9. Property transferred by the Imperial Govern- 
 
 ment, and known as Ordnance Property. 
 10. Armouries, Drill Sheds, Military Clothing, and 
 Munitions of War, and Lands set apart for 
 general Public Purposes.
 
 292 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 THE FOURTH SCHEDULE. 
 
 Assets to be the Property of Ontario and Quebec Con- 
 jointly. 
 
 Upper Canada Building Fund. 
 Lunatic Asylums. 
 Normal School. 
 
 Court Houses, 
 
 - Lower Canada. 
 
 m 
 Ayhner. 
 Montreal. I 
 
 Kaniouraska. j 
 
 Law Society, Upper Canada. 
 
 Montreal Turnpike Trust. 
 
 University Permanent Fund. 
 
 Eoyal Institution. 
 
 Consolidated Municipal Loan Fund, Upper Canada. 
 
 Consolidated Municipal Loan Fund, Lower Canada. 
 
 Agricultural Society, Upper Canada. 
 
 Lower Canada Legislative Grant. 
 
 Quebec Fire Loan. 
 
 Temiscouata Advance Account. 
 
 Quebec Turnpike Trust. 
 
 Education — East. 
 
 Building and Jury Fund, Lower Canada. 
 
 Municipalities Fund. 
 
 Lower Canada Superior Education Income Fund.
 
 THE BRITISH NORTH AMERICA ACT, 1867. 293 
 
 THE FIFTH SCHEDULE. 
 
 Oath of Allegiance. 
 
 I, A. B., do swear, That I will be faithful and bear 
 true Allegiance to Her Majesty Queen Victoria. 
 
 Note. — The Name of the King or Queen of the United Kingdom of 
 Great Britain and Ireland for the Time being, is to he substituted from Time 
 to Time, icitli proper Terms of Fuference thereto. 
 
 DeCLvRATIOX of (^UALIFrCATION. 
 
 I, A. B. do declare and testify, That I am by Law 
 duly qualified to be appointed a ^Member of the Senate 
 of Canada [or as the Case may be], and that I am legally 
 or equitably seised as of Freehold for my own i^se and 
 Benefit of Lands or Tenements held in Free and Common 
 Socage [or seised or possessed for my own Use and Bene- 
 fit of Lands or Tenements held in Franc-alleu or in Ro- 
 ture (as the Case may be),] in the Province of Nova Scotia 
 [or as the case may be] of the Value of Four Thousand 
 Dollars over and above all Rents, Dues, Debts, Mortga- 
 ges, Charges, and Incumbrances due or paj'able out of or 
 charged on or affecting the same, and that I have not 
 collusively or colourably obtained a Title to or become 
 possessed of the said Lands and Tenements or any Part 
 thereof for the Purpose of enabling me to become a Mem- 
 ber of the Senate of Canada, [or as the Case may be], and 
 that my Real and Personal Property are together worth 
 Four Thousand Dollars over and above my Debts and 
 Liabilities.
 
 APPENDIX I 
 
 (See page 3). 
 
 GOVEKNMENT HOUSE. ^ 
 
 Halifax, Nova Scotia, 3rd October, 1864. 
 My Lord, 
 
 I have the honour to acknowledge the receipt of your Des- 
 patch of the 23rd ult.,* which reached me on the 30th ultimo, 
 transmitting a Copy of an approved Minute of the Executive 
 Council of Canada, dated the 23rd of September, 1864, and 
 inviting me to name a deputation to represent Nova Scotia in 
 the approaching Conference at Quebec on the 10th inst. 
 
 In reply I have the honour to state for your Lordship's infor- 
 mation that I have laid your despatch and its enclosure before 
 my Ministry, and I have appointed the Hon. Provincial Secretary, 
 The Hon. Attorney General, The Hon. R. B. Dickey, the Hon. 
 Jonathan McCully and Adams G. Archibald, Esqr,, to form a de- 
 putation to meet the Delegates from the other British North 
 American Provinces in Conference at Quebec on the 10th. inst., 
 as proposed in Your Lordship's despatch. 
 I have the honour to be My Lord, 
 Your most obedient servant, 
 
 RICHARD GRAVES MACDONNELL. 
 
 Lieut. Governor. 
 His Excellency, 
 
 Viscount Monck, 
 
 Governor-General, &c., &c., &c. 
 
 Province of Nova Scotia. 
 
 R. G. MACDONNELL, Lt-Governor. 
 
 By His Excellency, Sir Richard Graves MacDonnell, Knight 
 Companion of the Most Honourable Order of the Bath, 
 Lieutenant-Governor and Commander-in-Chief in and 
 over Her Majesty's Province of Nova Scotia and its 
 Dependencies, &c., &c., &c. 
 
 * See Appendix No. IV.
 
 APPENDIX. 295 
 
 To Hon. Ohai'les Tui)i)er, l*i-oviiidal Secretary; Hon. AYil- 
 liam A. Henry, Attorney General ; Hon. Jonathan McCully, M. L. 
 Council ; Hon. Robert B. Dickey, M. L. Council ; Adams G. Archi- 
 bald, M.P.R 
 
 GREETING : 
 
 By virtue of the power and authority in me vested, I have 
 thought fit to constitute and appoint, and do, by the advice ol 
 the Executive Council of the said Province, hereby, during plea- 
 sure, constitute and appoint you, the said Charles Tupper, Wil- 
 liam A. Henry, Jonathan McCully, Robert B. Dickey, and Adams 
 G. Archibald, to be Delegates to confer upon the question of a 
 Union of the British North American Colonies at a Conference 
 to be held at Quebec on or about the tenth of October, A.D., 1864. 
 
 Hereby granting unto you all the rights, powers, and advan- 
 tages which to the said office do or may lawfully appertain, and 
 requiring you diligently to perform the duties thereof. 
 
 Given under my Hand and Seal at Arms, at Halifax, this 
 Third Day of October, in the Twenty-eighth year of 
 Her Majesty's Reign, A.D., 1864. 
 
 By His Excellency's Command, 
 
 JAMES H. THORNE, Deputy Secretary.
 
 296 APPENDIX. 
 
 APPENDIX II. 
 
 {See "page 3.) 
 
 Government House, 
 
 Prince Edward Island, 6tli October, 1864. 
 
 My Lord, 
 
 I have the honour to acknowledge the receipt this day of your 
 despatch dated 23rd September,* transmitting to me a copy 
 of an Approved Minute of the Executive Couucil of Canada, 
 respecting a proposal to hold at Quebec, on the 10th October, a 
 Conff^ence of Delegates from the Maritime Provinces with the 
 Ministers of Canada to consider the question of a Union of these 
 Provinces. 
 
 Your Lordship invites me to name a Deputation to represent 
 P. E. 1. at this apxjroaching Conference. 
 
 I have accordingly with the advice of my Ministers named 
 the following gentlemen, who will, I understand, proceed to-day, 
 to Quebec in order to be present there on the 10th inst : 
 
 The Hon. J. H. Gray, P. Ex. C. 
 
 The Hon. Edward Palmer, Att'y Gen'l. 
 
 The Hon. W. H. Pope, Col. Sec'y. 
 
 The Hon. D. Davies, M.P.P. 
 
 The Hon. A. A. Macdonald, M.L.C. 
 
 The Hon George Coles, M.P.P. 
 
 The Hon. T. H. Havilaud, M.P.P. 
 
 The Hon. Edward Whelan, M.P.P. 
 
 I have the honour to be, &c., &c., &c., 
 
 GEORGE DUNDAS, Lieutenant-Governor. 
 The Right Hon'ble. Viscount Monck, «&c., &c., &c. 
 
 * See Appendix IV-
 
 APPENDIX. 297 
 
 APPENDIX in, 
 
 (See pacjc oS. Note ) 
 
 Fredericton, April, 1865. 
 
 My Lord, 
 
 Upon the 12th November last your Lordship did me the 
 honour to address to me a Despatch enclosing a Copy of the Re- 
 solutions agreed to by the Delegates appointed to consider the 
 question of a Federation of the British North American Pro- 
 Yinces. 
 
 To the copy so transmitted the following certificate was at- 
 tached : — " I certify that the above is a true cojjy of the original 
 report of the Resolutions adopted in Conference." 
 
 E. P. TACHt:, Chairman." 
 
 In this copy the 24th Resolution stands as follows : — 
 
 '' 21. — The Local Legislature of each Province may from time 
 to time alter the Electoral Districts for the purpose of Represen- 
 tation in the House of Commons, and distribute the Representa- 
 tives to which the Province is entitled in any manner such Legis- 
 lature may think fit." 
 
 In the copy of the Resolution presented to me on their return 
 by the Delegates from this Province the same wo'rds are found. 
 
 In the papers laid before both Houses of Parliament by com- 
 mand of Her Majesty on the subject of the proposed Federal 
 Union, a Despatch addressed by your Lordship to the Secretary 
 of State for the Colonies on the 7th November, will be found (at 
 page 4) transmitting to Mr. Cardwell a copy of the Resolutions, 
 in which also the 24th Resolution is couched in the same words, 
 and the accuracy of which copy is also certified by Sir E. P. 
 Tache. 
 
 My attention has, however, been called to the fact that in the 
 papers laid before the Canadian Parliament and transmitted to 
 me by Your Lordship on the 30th January last, although the
 
 298 APPENDIX. 
 
 same Despatch from Your Lordship to the Secretary of State is 
 printed at Page 3, the enclosure reads somewhat differently — 
 the 24th Resolution standing as follows : — 
 
 " 24. — The Local Legislature of each Province may from time 
 to time alter the Electoral Districts for the purpose of Represen- 
 tation in such Local Legislature and distribute the Representa- 
 tives to which the Province is entitled in such Local Legislature 
 in any manner such Legislature may see fit," 
 
 This alteration is not altogether unimportant. In the one 
 copy, the Resolution refers to the House of Commons of the Fed- 
 eral Legislature, in the other, to the Local Legislature alone. 
 
 I am requested by my advisers to ask Your Lordship to have 
 the goodness to explain the cause of this discrepancy and to in- 
 form me, after directing a reference to the original document, 
 which is, I presume, preserved at Quebec, which version was in 
 fact that signed by the Delegates. 
 
 From the circumstance that in the papers laid before the 
 English Parliament the same words occur as in the copy for- 
 warded to me by Your Lordship on the 12th of November, it 
 would appear that the Copy certified by Sir E. Tache, is correct 
 and that the inaccuracy has arisen in copying the documents to 
 be laid before the Canadian Parliament. 
 
 I am further requested to state that the Delegates from this 
 Province have never authorized any alteration in the Resolution 
 as signed by them, and that indeed their assent to any such alter- 
 ation has never yet been sought. 
 
 I have, etc., 
 
 ARTHUR GORDON. 
 
 The Right Hon'ble Viscount Monck, &c., &c., &c. 
 
 Provincial Secretary's Office, 4th May, 1865. 
 
 The undersigned has had the honour to receive a letter from 
 Your Excellency's Secretary covering a copy of a Despatch from 
 the Lieutenant Governor of New Brunswick, asking for certain 
 information in reference to the proceedings of the Quebec Con- 
 ference, and he now begs to submit for Your Excellency's infor- 
 mation the following report : —
 
 APPENDIX. 299 
 
 The 24th Kesolutiou of the Quebec Conference as it stands 
 in the original report by certain Members of the Conference (and 
 which report is now in the possession of the undersigned) is in 
 the words and figures following : — 
 
 " The Local Legislature of each Province may from time to 
 '' time alter the Electoral Districts for the purpose of Represen- 
 '" tation in the House of Commons, and distribute the Represen- 
 ''tatives to which the Province is entitled in any manner such 
 " Legislature may think fit." 
 
 In the papers submitted to the Canadian Parliament the 24th 
 Resolution was made to read as follows : — 
 
 " The Local Legislature of each Province may, from time to 
 time, alter the Electoral Districts for the purposes of Represen- 
 tation in such Local Legislature, and distribute the Representa- 
 tives to which the Province is entitled in such Local Legislature, 
 in any manner such Legislature may see fit." 
 
 The above change was made because it was found that the 
 Resolution as expressed in the original report, did not convey the 
 true meaning of the Conference. As Your Excellency is aware, 
 the proceedings of the Conference towards the close of its de- 
 liberations were very much hurried, and it was subsequently dis- 
 covered that several errors had occurred in revising and re-arrang- 
 ing its numerous resolutions which were adopted in the first in- 
 stance without that exactness of expression and logical sequence 
 so necessary in an instrument intended to present a complete 
 scheme. Some of these errors were discovered and corrected at 
 Montreal, b}' the unanimous consent of the Delegates present at 
 a meeting held in that City for the purpose. There was no doubt 
 in the minds of the Canadian Delegates (when their attontion was 
 called to the point) that the gentlemen who undertook the duty 
 of reducing into form the Minutes and Resolutions of the Con- 
 ference, had misapprehended the meaning of the Conference in 
 reterence to the subject embraced in the 24th Resolution. It 
 could never have been intended to destroy the independence of 
 every Member of the General Parliament by giving power to the 
 Local Legislature of his Province to '' alter " and thus practically 
 to abolish his Constituency whenever by speech or vote he might 
 happen to displease a majority of that Legislature. The power 
 to divide each Province into the proper number of Electoral Dis- 
 tricts in the first instance (as provided by the 23rd Resolution)
 
 "300 APPENDIX. 
 
 was given to the Local Legislatures ex necessitate, but the power 
 to alter or re-adjust the Constituencies after Parliament is con- 
 stituted belongs naturally, logically, and according to every con- 
 stitutional precedent, to that Parliament, and not to an inferior 
 Body. The undersigned is informed that on discovering the error 
 in the 24th Resolution and also important errors in the 29th and 
 43rd Resolutions, in reference to Export duties on Timber and 
 Coals, communication was had with the leading Members of the 
 Governments of the several Maritime Provinces. 
 
 The undersigned is also informed that answers were received 
 from those gentlemen expressing their concurrence In the sug- 
 gestions of the Canadian delegates as to the fact of error in both 
 cases and as to the mode by which it was proposed to correct 
 them. 
 
 The undersigned regrets that he is unable to give to your 
 Excellency fuller and more precise information in consequence 
 of the absence from the country of those Members of the Gov- 
 ernment who conducted the correspondence referred to. 
 
 Respectfully submitted : 
 
 W. McDOUGALL, Secretary. 
 
 His Excellency The Governor-General.
 
 APPENDIX. 301 
 
 APPENDIX IV. 
 
 (See pages 29^, 296). 
 
 Quebec, 23rd Septeinlx'r, 18G4. 
 
 Sir, — I Lave the houour to transmit a copy of an approved 
 Minute of the Executive Council of Canada respecting the pro- 
 posal to hold a Conference of Delegates from the Colonies of 
 Nova Scotia, New Brunswick, Prince Edward Island and New- 
 foundland with the Ministers of Canada to coatJider the question 
 of a Union of these Colonies and to digest a scheme for the prac- 
 tical realization of the idea which may be submitted as embodying 
 tlie joint opinions of the Governments of tlie s(.'veral Provinces 
 to the Secretary of State for the Colonies with a view to obtain- 
 ing his sanction for legislation on the subject. 
 
 In conformity with the request contained in this ]\Iinute I 
 have the honour to invite you to name a dejjutatiou to represent 
 your Province in the approaching Conference which will meet at 
 Quebec on the 10th October. 
 
 I have, etc., 
 
 MONCK. 
 
 The Lieutenant Governors of Nova Scotia, New Brunswick, 
 Prince Edward Island, and the Governor of Newfoundland. 
 
 Copy of a Report of a Committee of the Honouti'able the Exe- 
 cutive Council, approved by His Excellency the Gov- 
 ernor-General in Council on the 23rd September, 1804. 
 
 The Committee of Council has the honour to inform Your 
 Excellency that the Deputation from the Executive Council who 
 met the Delegates from the Maritime Provinces, at Charlotte- 
 town, on the 1st instant, in accordance with the Order in Council
 
 302 APPENDIX. 
 
 of the 29tli ultimo, have reported that such Conference duly met, 
 and that the question of a Confederation of the British North 
 American Colonies was discussed at length, and such progress 
 made, that it was thought desirable by the Conference that the 
 subject should be resumed in a formal and official manner under 
 the authority of the Grovernment of the several Provinces. 
 
 The Committee have therefore the honour to advise and sub- 
 mit for Your Excellency's approval, that the several Grovernments 
 of Nova Scotia, New Brunswick, Prince Edward Island and New- 
 foundland, be invited to appoint delegates, under the authority 
 of the despatch of the Secretary for the Colonies to the Lieuten- 
 ant Governor of Nova Scotia,, dated 6th July, 1862, and com- 
 municated by the Colonial Office to Your Excellency by a des- 
 ♦patch of the same date, to confer with the Canadian Government 
 on the subject of a Union or Federation of the British North Am- 
 erican Provinces. 
 
 The Committee beg leave further to recommend that Quebec 
 be selected as the place, and the 10th October next the time for 
 the meeting, as they have ascertained that such time and place 
 will meet the views and convenience of the several Governments. 
 
 Certified : 
 
 W. H. LEE, C. E. C.
 
 APPENDIX. 803 
 
 APPENDIX V. 
 
 (See page 59.) 
 
 The Duke of Newcastle to the Earl of Mulgrave. 
 Nova Scotia. 
 
 No, 182. 
 
 Downing Street, 6th July, 1862. 
 My Lord, 
 
 I have duly received Your Lordship's despatch. No. 47, of the 
 21st of May, accompanied by a copy of a Resolution which was 
 passed in the House of Assembly on the 15th of April, 1861, rela- 
 tive to an amalgamation of part of all the British Provinces in 
 North America. The Resolution points out that the question 
 might be considered either of a distinct union of the Maritime 
 Provinces or of a general union of them with Canada and sug- 
 gests that it might be desirable upon so important a subject to 
 ascertain the policy of Her Majesty's Government, and to pro- 
 mote a consultation between the leading men of the Colonies. 
 
 Your Lordship explains that for various reasons your Gov- 
 ernment were of opinion that it would be inexpedient to act on 
 this Resolution last year, but that they now wish it to be brought 
 under consideration. 
 
 No one can be insensible to the importance of the two mea- 
 sures which are alluded to, and I am far from considering that 
 they do not form a very proper subject for calm deliberation. 
 They are, however, of a nature which renders it especially fit that 
 if either of them be proposed for adoption it should emanate in 
 the first instance from the Provinces, and should be concurred in 
 by all of them which it would affect. 
 
 I should see no objection to any consultation on the subject 
 amongst the leading members of the Governments concerned, but 
 whatever the result of such consultation might be, the most satis- 
 factory mode of testing the opinion of the people of British North
 
 304 APPENDIX. 
 
 America would probably be by means of Kesolution or Address, 
 proposed in the Legislature of each Province by its own Govern- 
 ment. 
 
 Beyond this expression of the views of Her Majesty's Govern- 
 ment as to the preliminary steps which might be taken towards 
 the decision of this great question, I am not prepared to an- 
 nounce any course of policy upon an invitation proceeding from 
 one only of the British North American Provinces, and contained 
 in a Resolution of so general and vague a character as that which 
 you have transmitted to me. But if a Union, either partial or 
 complete, should hereafter be proposed with the concurrence of 
 all the Provinces to be united, I am sure that the matter would 
 be weighed in this country both by the public, by Parliament, 
 and by Her Majesty's Government, with no other feelings than 
 an anxiety to discern, and to promote any course which might 
 be the most conducive to the prosperity, the strength and the 
 harmony of all the British Communities in North America. 
 
 I have, etc., 
 
 NEWCASTLE. 
 The Right Honourable. The Earl of Mulgrave, etc., etc., etc.
 
 APPENDIX. 305 
 
 APPENDIX VI. 
 
 Westminster Palace Hotel, 
 
 Londoii, S.W., Dfc. 4tli, 186G. 
 My Lord, 
 
 I have the honour to inform you that the Delegates from the 
 Provinces of Canada, Nova Scotia, and New Brunswick, met this 
 morning, and formed themselves into a Conference for the pur- 
 pose of arranging the terms of Union of those Provinces. 
 
 The Gentlemen forming the Conference are as follows : — 
 
 Caxaua. 
 
 The Hon. John A. Macdonald, Attorney General U. C, and 
 Minister of Militia of Canada. 
 
 The Hon. G. E. Cartier, Attorney General of Lower Canada. 
 The Hon. A. T. Gait. 
 
 The Hon. W. McDougall, Provincial Secretary. 
 The Hon. W. P. Howland, Minister of Finance. 
 The Hon. H. L. Langevin, Postmaster General. 
 Nova Scotia. 
 
 The Hon. Charles Tnpper, Provincial Secretary. 
 The Hon. W. A. Henry, Attorney General. 
 The Hon. J. W. Ritchie, Solicitor General. 
 The Hon. J. McCully. 
 The Hon. A. G. Archibald. 
 
 New Brunswick. 
 
 The Hon. P. Mitchell, President of Council. 
 
 The Hon. R. D. Wilmot. 
 
 The Hon. S. L. Tilley, Provincial Secretary. 
 
 The Hon. Charles Fisher, Attorney General. 
 
 The Hon.J. M. Johnson. 
 
 I have the honour further to inform Your Lordship that I 
 was then appointed Chairman, and Lieut.-Col. H. Bernard, Secre- 
 tary of the Conference. 
 
 I have the honour to be. My Lord, 
 
 Your Lordship's most obedient servant, 
 The Rt. Honourable JOHN A. MACDONALD. 
 
 The Earl of Carnarvon, 
 
 Secretary of State for the Colonies. 
 
 POPE CON. — lO
 
 a06 APPENDIX. 
 
 Westminster Palace Hotel, 
 
 London, 25tli December, 1866. 
 Dear Lord Carnarvon, 
 
 I am liapp}^ to inform you that the Delegates who have sat 
 steadily from the 4th to the 24th inst., have arrived at a satisfac- 
 tory conclusion, and have adopted b}^ the unanimous vote of the 
 Provinces, a series of resolutions which I shall transmit to-mor- 
 row morning to Your Lordship at the Colonial Oflflce. 
 
 The Delegates desire me to convey to you their opinion that 
 it is expedient to avoid any publicity being given to the resolu- 
 tions until the Bill is finally settled and ready to be laid before 
 Parliament. They think that their early publication would an- 
 swer no good purpose, and might tend to premature discussion 
 on imperfect information of the subject both in this country ana 
 America. Believe me, 
 
 Dear Lord Carnarvon, 
 
 Very sincerely yours. 
 The Kt. Honourable JOHN A. MACDONALD. 
 
 The Earl of Carnarvon, 
 
 Secretary of State for the Colonies. 
 
 Westminster Palace Hotel, 
 
 London, December 26, 186G. 
 My Lord, 
 
 I have the honour to transmit to you by desire of the 
 Conference of Delegates from Canada, Nova Scotia and New 
 Brunswick, a series of resolutions. They submit these resolu- 
 tions for the favourable consideration of Her Majesty's Govern- 
 ment with a view to the early introduction of a Bill into the Im- 
 perial Parliament based upon them. 
 
 The Delegates purpose to re-assemble here on Friday, the 
 28th inst., and shall be glad to wait on Your Lordship at your 
 convenience for the purpose of arranging the course of action. 
 
 I have the honour to be. My Lord, 
 
 Your Lordship's very obedient servant, 
 
 JOHN A. MACDONALD. 
 The Right Honourable The Earl of Carnarvon.
 
 APPENDIX. ;:$U7 
 
 Downing Street, 
 
 2Sth Ueconiber, ISGG. 
 
 Sir, — 1 am directed bj' the Earl of Carnarvon to acknowledge 
 the receipt of your letter of the 26th instant, forwarding resolu- 
 tions in which the Delegates from Canada, Nova Scotia and New 
 Brunswick have embodied the principles on w^jiich they desire 
 that a Bill may be introduced into I'arliament for the Union of 
 those Provinces. 
 
 Lord Carnarvon will at once give his careful attention to 
 these resolutions, and as soon as His Lordship shall have had 
 time to give them the consideration which they require, he will 
 not delay to fix a day and hour when he may have the pleasure 
 of conferring with you and the other gentlemen who are acting 
 with you on the subject. 
 
 I am, sir, your obedient servant, 
 
 FREDERIC ROGERS. 
 
 The Honourable John A. Macdouald. 
 
 Private. 
 
 Highclere Castle, 
 
 Newbury, 28th December, ISGG. 
 My Dear Sir, 
 
 I received this morning your official letter and the resolu- 
 tions of the Delegates. 
 
 I found it difficult to consider them in their present form 
 and have sent them to London to-day to be put into type ; but I 
 will on their return to me lose no time in giving them my best 
 attention. I will communicate with you, as soon as I have suf- 
 ficientl,y mastered the changes iutroduced, to fix a. meeting with 
 yourself and the Delegates. 
 
 I quite agree in the expediency of considering the resolutions 
 private for the present. 
 
 Believe me, my dear Sir, 
 
 Yours very faithfully, 
 
 CARNARVON. 
 
 The Hon. J. A. Macdonald.
 
 308 APPENDIX. 
 
 Westminster Palace Hotel, 
 
 London, Feb. 28, 18G7. 
 My Lord, 
 
 I have the honour to forward yon ai Resolution adopted by the 
 Delegates from Canada, Nova Scotia, and New Brunswick, relat- 
 ing to Prince Edward Island, and to request that it may be com- 
 municated, should Your Lordship see no objection, to the Govern- 
 ment of that Colony. 
 
 T have the honour to be. My Lord, 
 
 Your Lordship's very obedient servant, 
 
 JOHN A. MACDONALD, 
 
 Chairman of Conference. 
 
 The Rt. Hon. 
 
 The Earl of Carnarvon, 
 
 Secretary of State for the Colonies. 
 
 JResolved — 
 
 That in case the colony of Prince Edward Island should here- 
 after desire to join the Confederation of Canada, this Conference 
 recommend that the Government of the Confederation should 
 deal with the question of compensation for the proprietary rights 
 in the Island, in the most liberal spirit. 
 
 That this preceding Resolution be communicated to the Rt. 
 Hon. the Secretarv of State for the Colonies. 
 
 Quebec, 29th November, 1866. 
 
 My Lord, — I have the honour to transmit herewith to Your 
 Lordship an address to Her Majesty the Queen from the Provincial 
 Association of Protestant Teachers of Lower Canada, and to request 
 that it may be laid at the foot of the Throne. 
 
 I have, etc., 
 
 xMONCK. 
 
 The Eight Honourable the Earl of Carnarvon, etc., etc.
 
 APPENDIX. 309 
 
 Downing Street, I7th December, 1866, 
 
 My Lord, — I have the honour to acknowledge the receipt of 
 Your Lordship's despatch, No. 203, dated the 29th November last 
 enclosing an address to Her Majesty from the Provincial Associa- 
 tion of Protestant Teachers of Lower Canada, complaining of 
 certain alleged grievances in the educational system at present in 
 force in Lower Canada, and praying that provisions may be intro- 
 duced into the proposed Imperial Act of Confederation calculated 
 to protect tlie educational interests of the Protestant inhabitants of 
 Lower Canada. 
 
 The question of education is one of the important subjects 
 which may be expected to be discussed by the North American 
 Delegates when in conference in this country, and the pi-esent 
 memorial, which has been duly laid at the foot of the Throne, 
 shall then receive full consideration. 
 
 I have to request you to communicate to the Memorialists the 
 substance of this despatch. 
 
 I have, etc., 
 
 CARNARVON. 
 
 The Right Honourable Viscount Monck, etc., etc. 
 
 TO THE QUEEN'S MOST EXCELLENT MAJESTY,— 
 
 The Petition of the Provincial Association of Protestant Teachers 
 of Lower Canada, 
 
 Humbly sheweth : — 
 
 That, notwithstanding the legislative union of Upper and 
 Lower Canada, there exists in each portion of the united provinces 
 a distinct educational system. 
 
 That, under the educational law of Lower Canada, and in 
 consequence of the denominational character of the schools of the 
 Roman Catholic majority, your Majesty's subjects professing the 
 Protestant faith are subjected to serious disadvantages : first, in 
 being deprived of the benefits of a general system of education 
 similar to that enjoyed by their fellow subjects in Upper Canada ; 
 secondly, in their liability to be taxed for the support of Roman
 
 310 APPENDIX. 
 
 Catholic schools ; and thirdly, in the difficulties which they exper- 
 ience in establishing non-denominational or separate schools and 
 seminaries of higher education for themselves. 
 
 That, though the injury thus inflicted on education has been 
 the subject of frequent complaints on the part of the Protestant 
 population, and, as your petitioners believe, has tended to dis- 
 courage the settlement of Protestants in this Province, and has 
 caused many families to leave this country for others in which 
 they might avoid such inconveniences, no remedy has hitherto 
 been granted by the Legislature. 
 
 That, in prospect of the Confederation of the Provinces, under 
 the constitution adopted at the Quebec Conference, by which it 
 was proposed that education should be under the control of the 
 local legislatures, the Protestants of Lower Canada became alarmed 
 lest they should continue to labour under these disadvantages : 
 and, to allay the feeling thus general!}' existing, solemn pledges 
 were made by members of the Government, that the grievances 
 complained of should be redressed by Parliamentary action before 
 Confederation. 
 
 That, though a bill for this purpose was introduced by Gov- 
 ernment in the last session of the legislature, it was almost 
 immediately withdrawn ; and unless provisions to this end can be 
 introduced into the Imperial Act of Confederation, your memorial- 
 ists fear that their educational rights will be left to the control 
 of the majority in the local legislatures without any guarantee 
 whatever. 
 
 That, while your petitioners would ]:)refer a general and non- 
 denominational system of education, they believe that so long as 
 the present system of separate schools shall continue in Lower 
 Canada, they may justly claim the following privileges as consti- 
 tutional rights which should in no way depend on the vote of the 
 local legislature. 
 
 1. That all direct taxes for the support of schools, paid by 
 Protestants, unless otherwise designated b}^ themselves, should be 
 applied to Protestant, or non-denominational education ; and that 
 all puVjlic money given for the same purpose should be divided 
 between Protestants and Roman Catholics in proportion to popu- 
 lation.
 
 APPENDIX. 311 
 
 2. That suitable and adequate provision should be made for 
 the protection of the educational interests of Protestants, in the 
 management of educational funds, the establishment and proper 
 classification of schools and institutions of superior education, and 
 generally in the administration of educational affairs. 
 
 Wherefore, your memorialists humbly pray your Most Gra- 
 cious Majesty to take their case as above stated into your favour- 
 able consideration, with a view to the introduction of proper and 
 just safeguards into the Imperial Act of Confederation, should 
 such Act be passed. 
 
 And your petitioners will ever pray. 
 
 (Signed by the President of the Association and others.) 
 
 Montreal, Nov. 23rd, 1866. 
 To the Honourable G. E. Cartier, 
 
 Attornej^-General, &c., &c. : 
 
 Sir, — I am directed by the Executive Committee of the Pro- 
 vincial Association of Protestant Teachers of Lower Canada to 
 transmit to you a copy of the enclosed memorial. 
 
 The Committee, believing that the objects sought by the 
 petition will commend themselves to your approval, and being 
 assured that they are regarded as of the most vital importance by 
 the Protestant population of Lower Canada, beg leave, respectfully, 
 to solicit your support and countenance to the prayer of the 
 petitioners. 
 
 I have the honour to be. 
 
 Your most obedient servant, 
 
 P. J. DAPtEY, M.A., 
 
 Secretary of the Provincial Teachers' Association.
 
 INDEX OF NAMEkS. 
 
 Adderley, Et. Hon. Sir Charles B., K.C.M.G., 
 
 Under Secretary of State for the Colonies, - - 97 
 
 Archibald, Adams G., 
 
 Member House of Assembly, Nova Scotia, - 2, 4, 
 7, 9, 18, 27, 28, 59, 64, 66, 68, 76, 94, 111, 
 
 115, 117, 119, 122 
 
 Bernard, Hewitt, 
 
 Secretary Quebec Conference, - - - 6, 11, 35 
 Secretary London Conference, - - - - 95 
 
 Bkown, George, 
 
 President of the Executive Council, Canada, - 1, 
 4, 7, 9, 19, 21, 58, 59, 61-67, 71, 72, 74-77, 
 
 80, 85 
 
 Campbell, Alexander, 
 
 Commissioner of Crown Lands, Canada, - 2, 4, 5, 14 
 
 Carnarvon, The Earl of, 
 
 Secretary of State for the Colonies, - 305-307, 309 
 
 Carter, F. B. T., 
 
 Speaker House of Assembly, Newfoundland, - 4, 5, 
 
 7, 60, 75 
 
 Cartier, Geo. E., 
 
 Attorney-General, Lower Canada, - 1, 4, 37, 75, 94, 
 
 111, 117 
 
 Chamberlin, B., 
 
 Press representative, Quebec Conference, - 8, 36
 
 INDEX OF NAMES. 313 
 
 PAGE 
 
 Chandler, E. B., 
 
 Member Legislative Council, New Brunswick, - 3, 
 
 4, 54, 61, 75, 76, 78, 84, 85, 87, 88 
 Chapais, J. C, 
 
 Commissioner of Public Works, Canada, - 2, 4 
 
 CocKBURN, James, 
 
 Solicitor-General, Upper Canada, - - 2, 4 
 
 Coles, George, 
 
 Member House of Assembly, P. E. Island, - 4, 16, 
 
 27, 53, 61, 65, 68, 69, 70, 71, 72, 73, 80, 85 
 Darey, p. J., 
 
 Secretary Provincial Association of Protestant 
 
 Teachers of Lower Canada, - - - 311 
 
 Davies, Daniel, 
 
 Member Executive Council, P. E. Island, - - 296 
 
 Day, S. p.. 
 
 Press representative, Quebec Conference, - 7, 8, 10 
 
 Dickey, Pi. B., 
 
 Member Legislative Council, Nova Scotia, - 2, 4, 
 
 5, 9, 11, 59, 73, 75, 76, 77, 81, 85, 87 
 DuNDAS, George, 
 
 Lieutenant-Governor of P. E. Island, - - 3, 296 
 
 Fisher, Charles, 
 
 Attorney-General, New Brunswick (in 1866), - 3, 
 4, 9, 13, 53, 59-62, 66, 73, 75, 88, 94, 95, 111, 
 
 116, 117, 118, 120, 121 
 Galt, a. T., 
 
 Minister of Finance, Canada, - 1,4,17,25,33, 
 34, 37, 38, 62, 63, 66, 67, 68, 70, 72, 79, 80, 
 
 82, 94, 111, 112, 117, 121 
 Gordon, Hon. Arthur, 
 
 Lieutenant-Governor of New Brunswick, - 3, 298 
 
 Gray, J. H., 
 
 Member House of Assembly, New Brunswick, - 3, 
 
 4, 64, 80, 83, 85, 87, 88
 
 314 ' INDEX OF NAMES. 
 
 PAGK 
 
 Gkay, J. H., 
 
 President Executive Council, P. E. Island, - 3, 4, 
 
 7, 10, 12, 28, 70, 71 
 
 Haviland, T. H., 
 
 Member House of Assembly, P. E. Island, - 4, 53, 
 
 68, 70, 72, 73, 85 
 
 Henry, W. A., 
 
 Attorney-General, Nova Scotia, - 2, 4, 9, 13, 14, 
 
 62, 75, 78, 80, 81, 87, 94, 111, 114, 116, 117, 118 
 
 HOWLAND, W. P., 
 
 Minister of Finance, Canada, - - 94,111,118, 122 
 
 Johnson, J. M., 
 
 Attorney-General, New Brunswick (in 1864), - 3, 
 
 4, 67, 87, 88, 94, 111, 116, 118, 121 
 
 Langevin, H. L., 
 
 Solicitor-General, Lower Canada, - 2, 4, 94, 119 
 
 Lee, W. H., 
 
 Clerk Executive Council, Canada, ... 802 
 
 LiNDSEY, Charles, 
 
 Press representative, Quebec, - - - 8, 36 
 
 Mitchell, Peter, 
 
 Member Executive Council, New Brunswick, - 3, 
 
 4, 9, 18, 94, 111, 116, 120, 121 
 
 MoNCK, The Yiscount, 
 
 Governor-General of Canada, - . - 301, 308 
 
 MowAT, Oliver, 
 
 Postmaster-General, Canada, - 1, 4, 11, 27, 28, 
 
 29, 30, 31, 38, 81, 82, 84, 87 
 
 MuLCiRAVK, The Earl of, 
 
 Lieutenant-Governor of Nova Scotia, . - - 303 
 
 Macdonald, Andrew A., 
 
 Member Legislative Council, P. E. Island, - 4, 72
 
 INDEX OF NAMES. 315 
 
 PAGE 
 
 Macdonald, John A., 
 
 Attorney-General, Upper Canada, - 1, 4, 5, 6, 
 10, 11, 12, 14, 15, 20-24, 29, 32, 33, 38, 53, 
 54-59, 64-66, 73, 74, 77-82, 86, 94, 111, 112, 
 
 115, 116, 117, 119, 120, 121, 122, 305, 306, 308 
 
 MacDonnell, Sir E. G., 
 
 Lieutenant-Governor of Nova Scotia, - - 2, 294 
 
 McCuLLY, Jonathan, 
 
 Member Legislative Council, Nova Scotia, - 2, 4, 
 15, 18, 22, 23, 24, 38, 60, 61, 63, 6i, 65, 68, 73, 
 74, 76-81, 86, 88, 94, 95, 111, 115, 119, 121, 122 
 
 McDougall, William, 
 
 Provincial Secretary, Canada, - 2, 4, 5, 66, 76, 
 
 94, 111, 112, 115, 120, 121, 300 
 
 McGee, T. D'Arcy, 
 
 Minister of Agriculture, Canada, - 2, 4, 5, 13, 14, 
 
 28, 75, 81 
 
 Newcastle, The Duke of. 
 
 Secretary of State for the Colonies, - - - 304 
 
 Palmer, Edward, 
 
 Attorney-General, P. E. Island, - 3, 4, 5, 13, 53, 
 
 60, 69, 71, 80, 87 
 
 Pope, William H., 
 
 Colonial Secretary, P. E. Island, - 3, 4, 14, 72, 73 
 
 PiITCHIE, J. W., 
 
 Solicitor-General, Nova Scotia, - 94,111,116,117, 121 
 
 EoGERS, Sir Frederick, Bart., 
 
 Permanent Under Secretary of State for the Colonies, 307 
 
 Shea, Ambrose, 
 
 Member House of Assembly, Newfoundland, - 4, 8, 
 
 17, 61, 63, 68, 69 
 
 Steeves, William H., 
 
 Member Legislative Council, New Brunswick, - 3, 4
 
 316 INDEX OF NAMES. 
 
 Tach:^, Sm E. P., 
 
 Eeceiver-General and Minister of Militia, Canada, 
 
 1,4,37,59, 75 
 
 Thorne, James H., 
 
 Deputy Provincial Secretary, Nova Scotia, - - 295 
 
 TiLLEY, S. L., 
 
 Provincial Secretary, New Brunswick, - 3, 4, 5, 
 6, 9, 11, 12, 24, 65, 67, 68, 75, 79, 82, 83, 94, 
 
 95, 111, 114, 116, 118 
 
 TuppER, Charles, 
 
 Provincial Secretary, Nova Scotia, - 2, 4, 5, 9, 
 12, 13, 15, 16, 37, 38, 61, 62, 63, 65, 67, 74, 75, 
 76, 79, 80-85, 88, 94, 95, 111, 115, 116, 117, 
 
 118, 120 
 
 Whelan, Edward, 
 
 Member House of Assembly, P. E. Island, - 4, 5, 
 
 7, 60, 70, 71 
 
 WiLMOT, R. D., 
 
 Member Executive Council, New Brunswick, - 94, 
 
 111, 116, 119, 120
 
 INDEX OF SUBJECTS. 
 
 A. 
 
 Admission of Otheu Colonies Into the Union — 
 
 Provision for— 14, 31, 40, 124, loG, 176, 210-1, 246-7, 282-3. 
 
 Agriculture— 23, 25, 27, 45, 46, 80, 81, 104, 105, 132, 133, 169, 191, 210, 
 238, 272. 
 
 Agriculture and Immigration — 
 
 Concurrent Powers of Legislation, respecting — 80, 133, 155-6, 
 175, 210, 238, 272. 
 
 Arbitration in Respect of Debts Between Ontario and Quebec — 
 207, 245, 281-2. 
 
 Armouries, Drill Sheds, Etc.— 25, 49, 108, 136, 193, 291. 
 
 Bankruptcy and Insolvency— 23, 24, 44, 103, 131, 153, 168, 191, 234, 268. 
 Banks and Banking— 23, 24, 44, 80, 103, 131, 153, 168, 191, 234, 268. 
 Beacons, Buoys and Lighthouses — 23, 24, 44, 103, 131, 153, 168, 191, 
 
 233, 268. 
 Bills of Exchange and Promissory Notes— 23, 24, 44, 103, 131, 153, 
 
 168, 191, 234, 268. 
 Borrowing of Money, The-23, 24, 27, 29, 43, 46, 102, 105, 130, 133, 
 
 151, 153, 167, 173, 190, 200, 233, 235, 208, 269. 
 British Columbia — 
 
 Provision for Admission of— 31, 40, 99-100, 124, 156, 176, 210, 
 246, 282-3. 
 
 Canals— 25. 49, 108, 136, 193, 291. 
 
 Census, The— 23, 25, 44, 101, 103, 131, 153, 168, 191, 214, 233, 268. 
 
 Consolidated Revenue Fund of Canada — 
 
 Creation of— 170, 192, 239, 273. 
 Consolidated Eevenue Funds, Provincial — 242, 277.
 
 318 INDEX OF SUBJECTS. 
 
 Copyrights -23, 25, 44, 103, 131, 153, 168, 191, 234, 268. 
 Criminal Law — 
 
 Administration of— 23, 25, 44, 81, 103, 131, 154, 168, 191, 234, 268 
 Cdrrency and Coinage— 23, 24, 44, 103, 131, 153, 168, 191, 234, 268. 
 Customs— 22, 24, 43, 79. 
 
 D. 
 
 Debt, Public — See " Public Debt and Property." 
 Defence— 23, 44, 50, 103, 153, 168, 191, 233, 268. 
 
 Disallowance by The Queen— 31, 48, 49, 107-8, 129, 130, 149, 167, 189, 
 
 224, 260. 
 Disallowance by Governor-General— 31, 48, 49, 107-8, 130, 209, 267. 
 Distribution of Legislative Powers— 22-25, 27-31, 43-48, 79, 102-108, 
 
 150-156, 167-174, 190-201, 233-237, 267-271. 
 Divorce— 23, 44, 103, 131, 153, 168, 191, 234, 268. 
 
 Education — 
 
 Provisions respecting— 27, 28, 29, 47, 106-7, 112, 134, 135, 154, 
 155, 173-4, 201, 236-7, 271, 308-311, 
 Electoral Districts of Ontario — 284-290. 
 Electoral Districts of Quebec, Specially Fixed — 29L 
 Excise— 22, 24, 43, 80. 
 Executive Councils, Provincial— 
 
 Formation of— 204, 226, 261. 
 Executive Power — 
 
 Vested in the Queen— 21, 39, 74, 99, 123, 159, 181, 214, 250. 
 Exemption Public Lands from Taxation — 48, 107, 135, 196, 242, 277. 
 
 Federal System^ 
 
 Creation of— 5, 6, 8, 39, 59, 77, 84-7, 158, 177, 212, 248. 
 Ferries— 30, 44, 103, 131, 168, 191, 234, 268. 
 Financial Arrangements Between the Dominion and the Provinces — 
 
 26, 34, 50, 82-84, 109-110, 114, 136-7, 192-6, 238-242, 273-277. 
 Fisheries, Sea Coast and Inland— 23, 25, 27, 29, 44, 47, 103, 131, 153, 
 
 168, 191, 233, 268. 
 French Language — 
 
 Provision for official use of— 33, 48, 107, 135, 156, 175, 176^ 
 210, 243. 279.
 
 INDEX OF SUBJECTS. 319 
 
 Governor- General — 
 
 Office of— 74, 142, 214, 250 ; Salary of— 171, 193, 215, 239, 274. 
 Governor-General in Council — 
 
 Powers of— 160, 182, 215, 250-1. 
 Great Se.\ls of Ontario and Quebec— 90, 204, 227, 280. 
 
 H. 
 
 Harbours, Public— 25, 49, 108, 136, 193, 291. 
 
 Hospitals, Asylums, Etc.— 27, 29, 47, 106, 134, 151, 173, 200, 235, 269. 
 
 House of Commons — 
 
 Constitution of— 19, 20, 41, 99, 126, 146-8, 103-6, 185-9, 219-223, 
 255-9; Electoral districts— 20, 42, 186, 220, 256; Qualifi- 
 cation and Disqualification of Members of — 102, 147, 187-8, 
 221,257; Ofliceof Speaker of— 128, 166, 188,222,238; Quorum 
 of— 128, 166. 189, 222, 258 ; Voting m— 128, 166, 189, 222, 
 258; Duration of— 43, 102, 128,165,189,223,258; Adjust- 
 ment Representation in— 29, 41, 42, 66-73, 101-2, 139, 147-8, 
 164, 186-7, 222-3, 258-9. 
 
 Immigration— 23, 25, 27, 29, 45, 46, 104-5, 132-3, 169, 191, 210, 238, 272. 
 Incorporation of Companies— 47, 106, 134, 152, 173, 200, 235, 270. 
 Indians— 30, 44. 103, 131, 153, 168, 191, 234, 268. 
 Insurance, Fire and Life Companies — 30, 88. 
 Intercolonial Railway — 
 
 Provision respectino_52, 95, 1101, 176, 211, 246, 282. 
 Interest— 23, 24, 44, 103, 131, 153, 168, 191, 234, 268. 
 
 J. 
 
 Judicature — 
 
 Appointment of Judges— 32, 45, 104, 130, 209, 232, 272-3 ; Tenure 
 of office, ib. ; Salaries— 32, 45, 105, 233, 273 ; General Court 
 of Appeal— 23, 45, 85, 104, 132, 155, 169, 192, 237, 273. 
 Justice — 
 
 Administration of— 27, 47, 82, 106, 134, 173, 200, 236, 270.
 
 320 INDEX OF SUBJECTS. 
 
 K. 
 
 Kingdom of Canada, The— 159, 178, 181. 
 
 Lands, Public— 27, 29, 47, 49, 106, 134, 151, 173, 200, 235, 2rj9. 
 Language — 
 
 Provision for dual— 33, 48, 107, 135, 156, 175-6, 210, 243, 279. 
 Legal Tender— 23, 24, 44, 103, 131, 153, 168, 191, 234, 268. 
 Legislative Assembly of Ontario — 
 
 Constitution of, etc.— 89-93, 175, 202, 205, 223, 263-6. 
 Legislative Assembly of Quebec — 
 
 Constitution of, etc.— 89-93, 175, 202, 205, 228-231, 263-6. 
 Legislative Council — See " Senate." 
 Legislative Council of Quebec — 
 
 Constitution of— 90, 175, 197-8, 228-9, 263-4; Qualifications of 
 Legislative Councillors, ib. ; Resignation of, ib. ; Disquali- 
 fications of, ib.; Speaker of, ib.; Quorum of — 198-9, 229, 
 264; Voting in— 199, 229, 264. 
 
 Legislature, Provincial, of Ontario— 6, 89-93, 175, 228, 263-6. 
 
 Legislature, Provincial, of Quebec— 7, 89-93, 175, 228, 263-6. 
 
 Licenses — 
 
 Issue of— 27, 29, 47, 106, 134, 151, 172, 200, 285, 270. 
 
 Lieutenant-Governor — 
 
 Creation of office of— 22, 46, 105, 132-3, 150, 172, 196, 225, 261 
 Appointment of— 76-8, 105, 130, 132-3, 172, 196, 225, 261 
 Tenure of— 22, 46, 105, 132, 138, 150, 172, 196, 225, 261 
 Salary of— 33, 150, 172, 225, 261 ; Administrator in absence 
 of— 112, 133, 227, 262 ; Styled " Superintendent "—150. 
 
 Lighthouses— 25, 49, 108, 136, 193, 291. 
 
 Local Legislatures — 
 
 Constitution of— 174-5, 228, 263-6 ; Powers of— 27, 46-7, 74-76, 
 84-87, 105-107, 133-4, 150-2, 172-4, 199-201, 234-7. 
 
 Lumber Dues in New Brunswick— 38 note, 133, 277, 300. 
 
 M. 
 
 Marine Hospitals— 106, 113, 134, 151, 173, 191, 200, 233, 235, 268, 269. 
 Marriage — 
 
 Solemnization of— 106, 173, 200, 235, 270.
 
 INDEX or SUBJECTS. S21 
 
 Mauhiage and Divorce— 23, 25, U, 103, 131, 152, 153, 168, 191, 234, -Kg. 
 Militia Eoads— 25, 49, 108, 136, 193, 291. 
 Militia Forces — 
 
 Command of, vested in the Queen— 39, 115, 123, 112, 159, ISl, 
 
 215, 251. 
 Militia, Military and Naval Skrvice— 23, 25, 44, 103, 131, 153, 168, 
 
 191, 233, 268. 
 Money Votes— 148-9, 162, 166. 189, 224, 259. 
 Municipal Institutions— 27, 29, 47, 106, 134, 173, 200, 23.5, 270. 
 
 Naturalization and Aliens— 23, 25, 44, 103, 131, 153, 168, 191, 234, 263. 
 Navigation and Shipping— 25, 44, 80, 103, 131, 153, 168, 191, 233, 2f;8. 
 New Brunswick — 
 
 Constitution of Province — 139, 172-5, 199. 214, 231-2, 266; 
 Financial arran^^ements with— 26, 34, 50, 51, 82-4, 109-110, 
 137, 194-5, 240-1, 275-7. 
 Newfoundland — 
 
 Invited to enter Confederation — 14 ; Provision for admission of 
 —40, 51, 99, 124, 156, 176, 210, 246-7, 282-3. 
 North-west Territory— 
 
 Provision for admission of— 8, 13, 31, 40, 52, 60, 99-100, 124, 
 210, 246, 282-3. 
 Nova Scotia — 
 
 Constitution of Province — 139, 172-5, 199, 214, 231-2, 266; 
 Financial arrangements with— 26, 34, 50, 82-4, 109-110, 137, 
 194-5, 240-2. 274-7. 
 
 Oaths of Allegiance and of Office — 202, 242-3, 278, 293. 
 
 Ontario — 
 
 Boundaries of Province of — 213, 249 ; Constitution of Provincial 
 Legislature- 89-93, 172-5, 197. 22S. 263. 
 Ordnance Property— 25, 49, 108, 136, 193, 291. 
 
 P. 
 
 Pardoning Power — 
 
 In whom vested— 29, 48, 107, 113, i:;3. 
 pope con. — 21
 
 322 INDEX OF SUBJECTS. 
 
 Parliament of Canada — 
 
 Constitution of— 10, 39, Gl-73, 99, 123, 142, 160, 182, 215, 251-2 ; 
 
 Legislative Authority of — 22-5, 39-45, 87-8, 102-4, 130-2, 
 
 152-5, 167-170, 190-2, 233-4, 2G7-9 ; Paramouut Authority of 
 
 —30, 48, 107, 132, 169, 192. 
 Patents of Invention and Discovery— 23, 25, 44, 103, 131, 153, 168, 191, 
 
 234, 268, 
 Penitentiaries— 27, 29, 47, 103, 131, 154, 109, 191, 207, 234, 245, 2SL 
 Postal Service— 23, 24, 43. 102, 130, 153, 167, 190, 233, 2G8. 
 Powers of Parliament — See under " Parliament of Canada." 
 Powers of Provincial Legislatures — S^e under " Local Legislatures." 
 Prince Edward Island — 
 
 Provision for admission of— 111, 124, 210, 246, 282-3, 308. 
 Prisons, Public and Keformatory— 106, 134, 151,156,173, 176, 200, 235, 269. 
 
 Privy Council — 
 
 Constitution of— 142, 160, 181, 214, 250. 
 
 Proclamation of Union— 142, 181, 213, 249, 281. 
 
 Property and Civil Eights— 27, 29, 47, 106, 134, 152, 173, 200, 235, 270. 
 
 Provinces — 
 
 Division of Canada into— 142, 215, 249. 
 Provincial Association of Protest.\nt Teachers of Lower Canada — 
 
 Memorial to The Queen— 308-311. 
 
 Public Debt and Property— 23, 43, 49, 102, 130, 153, 167, 190, 233, 268. 
 Public Lands— 27, 29, 47, 49, 106, 134, 151, 173, 200, 235, 269. 
 Public Works and Property— 23, 25, 49, 108, 136, 193, 239, 274, 291. 
 
 Q 
 
 Quarantine— 30, 44, 103, 131, 153, 168, 191, 233, 268. 
 
 Quebec — 
 
 Boundaries of Province of — 213, 249 ; Constitution of Provincial 
 
 Legislature— 89-93, 172-5, 197-9, 228-231, 263-4 ; Electoral 
 
 Districts specially fixed — 291. 
 Queen, The — See " Sovereign, The." 
 
 Railways- 25, 49, 108, 136, 193, 291. 
 
 Re-adjustment of .Representation in House of Commons — 29, 38 7iote, 
 
 41-2, 67, 101, 126-7, 147-8, 1C3-5, 186-7, 222-3, 258-9, 297-300. 
 Reservation of Bills — See " Royal As--'^ent."
 
 INDEX OF SUBJECTS. 823 
 
 EivER AKD Lake Improvements— 25, 49, 108, 136, 193, 291. 
 KoADS, Bridges, Etc.— 23, 24, 82. 
 
 Royal Assent— 48-9, 107-8, 149, 166-7, 189, 209, 224, 259-260. 
 Rupert's Land — See " North-west Territory." 
 
 S. 
 
 Sable Island— 103, 108, 136, 153, 193, 291. 
 
 Salaries of Pcblic Officers— 132, 169, 192, 233, 268. 
 
 Savings Banks- 30, 44, 103, 131, 153, 168, 191, 235, 268. 
 
 Schools, Separate — See under " Education." 
 
 Seat of Government, Federal— 33, 49, 108, 135, 181, 215, 251. 
 
 Seats of Government, Provincial— 33, 49, 103, 135, 181, 228, 2G3. 
 
 Senate — . 
 
 Constitution of— 11-18^ 39, 99-101, 123-6. 143-6, 160-1, 182-5, 
 216-19, 252-5 ; Appointment of Members of— 40, 61-6, 100, 
 115-19, 124, 143-6, 161, 183, 217, 253; Speaker of— 41, 100, 
 126, 146, 16.3, 185, 219, 255 ; Quorum of— 126, 146, 163, 185, 
 219, 255. 
 Senators — 
 
 Number— 11-18, 39, 11517, 123, 143, 162, 184, 216, 218, 2,52, 254; 
 Qualifications— 15, 40, 120,' 124-5, 145, 161, 183, 216-17, 253; 
 Tenure of Office— 14, 40, 124, 162, 184, 218, 254; Resigna- 
 tion— 14, 40, 126, 143, 185, 218, 254 ; Disqualifications— 14, 
 40, 124-5, 144, 162, 184, 218-19, 254-5. 
 Sovereign, The — 
 
 Source of Executive Power— 39, 99, 123, 159, 181, 214, 250 ; Com- 
 mander-in-Chief of Militia and all Naval and Military 
 Forces— 21, 39, 99, 115, 142, 159, 181, 215, 251. 
 Speaker of the Sen.ate— 41, 100, 126, 146, 163, 185, 219, 255. 
 House of Commons— 128, 166, 188, 222, 2.58. 
 " " Legislative Council of Quebec — 90, 198, 229, 264. 
 
 " " " Assemblies of Ont.\rio and Quebec — 202, 
 
 231, 266. 
 Steamships, Lines of— 25, 43, 103, 130, 151-2, 168, 190, 238, 270. 
 Subsidies, Annual, to Provinces- 26, 34, 51, 109, 110, 137, 195, 241, 275-6, 
 Supreme Court of Appeal— 23, 45, 85. 104,132, 155, 169, 192, 237, 278. 
 
 Taxation— 23, 24, 27, 29, 43, 46, 80, 102, 105, 130, 133, 151, 153, 167 
 172, 190, 200, 233, 235, 268, 269.
 
 324 INDEX OF SUBJECTS. 
 
 Tklegkaphs— 23, 25, 43, 103, 131, 168, 191. 
 
 Townships in Quebec — 
 
 Constitution of— 245, 282. 
 
 TkADE and C0^(MERCE 
 
 Regulation of— 22, 24, 43, 102, 130, 153, 167, 190, 233, 2G8. 
 Teeatt Obligations- 45, lOi, 132, 209, 243, 279. 
 
 Uniformity of Laws in Ontario, Nova Scotia and New Brunswick — 
 
 155, 237, 272. 
 Union of Provinces — 
 
 Proclamation declaring the— 142, 181, 213, 249, 281. 
 
 W. 
 
 Weights and Measures- 23, 24, 44, 103, 131, 153, 168. 191, 234, 2G8.
 
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