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Date: 1858-10-25
By: George-Étienne Cartier, John Ross, Alexander Galt
Citation: G.E. Cartier, J.N.O. Ross and A.T Galt’s Despatch to Right Hon. Sir E.B. Lytton, Bart, Secretary of State for the Colonies [on the Subject of Federal Resolutions] (25 October 1858) in Oscar Skelton, The life and times of Sir Alexander Tilloch Galt (1920) at 242-244.
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London, 25^th October 1858.

The Right Honourable
Sir E. B. Lytton, Bart.,
Secretary of State for the Colonies.

Dear Sir Edward:

In the official communication which we have this day the honour to address to you, on the Confederation of the British North American provinces, we have felt it improper to offer any opinion upon the details which will form the subject of the proposed discussion by Delegates. It is also our duty not to cause embarrassment by advancing views which may yet have to be greatly modified. We venture, however, in compliance with your desire for a confidential communication on these points to suggest:–

That the Federal Government should be composed of a Governor-General, or Viceroy, to be appointed by the Queen, of an Upper House or Senate elected upon a territorial basis of representation, and of a House of Assembly, elected on the basis of population, the Executive to be composed of ministers responsible to the legislature.

That the powers of the Federal legislators and Government should comprehend the Customs, Excise and all trade questions, Postal Service, Militia, Banking, Currency, Weights and Measures and Bankruptcy, Public Works of a National Character, Harbours and Light-houses, Fisheries and their protection, Criminal justice, Public Lands, Public Debt and Government of unincorporated and Indian Territories. It will form a subject for mature deliberation whether the powers of the Federal Government should be confined to the points named, or should be extended to all matters not specially entrusted to the local legislatures.

The Confederation might involve the constitution of a Federal Court of Appeal.

The general revenue, having first been charged with the expense of collection and civil government, to be subject to the payment of interest on the public debts of the Confederation to be constituted from the existing obligations of each, the surplus to be divided each year according to population. The net revenue from the Public Lands in each province to be its exclusive property, except in the case of the territories.

It may be expedient for a limited time to provide from the general revenue a certain fixed contribution for educational and judicial purposes until provision is made for the same by each member of the Confederation.

It will be observed that the basis of Confederation now proposed differs from that of the United States in several important particulars. It does not profess to be derived from the people but would be the constitution provided by the imperial parliament, thus affording the means of remedying any defect, which is now practically impossible under the American constitution. The local legislature would not be in a position to claim the exercise of the same sovereign powers which have frequently been the cause of difference between the American states and their general government. To this may be added that by the proposed distribution of the revenue each province would have a direct pecuniary interest in the preservation of the authority of the Federal Government. In these respects it is conceived that the proposed Confederation would possess greater inherent strength than that of the United States, and would combine the advantage of the unity for general purposes of a legislative union with so much of the Federation principle as would join all the benefits of local government and legislation upon questions of provincial interest.

We have, etc. etc.
(Signed)

G.E. CARTIER.
J.N.O. ROSS.
A.T. GALT.