Document Information

Date: 1867
By: John A. Macdonald, British North American Delegates [?], Joseph Pope
Citation: John A. Macdonald Fonds, Drafts of the British North America Act, 1867 – first working draft, rough version, January 23-30th, 1867 (MG 26, A, Vol. 48, pp. 18728-18736).
Other formats: Click here to view the original document (PDF).
Notes: Endnotes are from Michael Scott & Charles Dumais, Book in Progress: The British North America Act (2025).

18728

3.

London
Conference
1866-1867

Draft

In Sir John Macdonald’s

handwriting

of the

British North America Act

This contains several drafts of the B.N.A. Act, from the first, [illegible] ‘rough draft’, to the Act itself.

J Pope

This was lent to A. Doughty to be photographed 29 July 1913. [illegible] on the same day.

J Pope

18729

Facsimile of portions of Sir John Macdonald’s first rough draft in his own handwriting, in the British North America Act, showing the various alliterative designations suggested for the Dominion.

[illegible note]

18730

1

Be it therefore enacted:

Union

My title –

This Proclamation should be omitted—

1 It shall be lawful for Her Majesty with the advice of Her Privy Council to declare, (or to authorize the Governor General of British North America to declare) by Proclamation that the said Provinces of Canada, Nova Scotia and New Brunswick upon from and after a certain day in such Proclamation to be [illegible], which day shall be [illegible]

15 Months in
Union such
as 1840

24 Province
Dependency
Colony
Dominion
Vice Royalty
Kingdom

calendar months [illegible] after the passing of this Act shall form and be [illegible] United Province ^[dominion] under the name of “The Kingdom of Canada” and henceforth the said Provinces shall constitute and be our Kingdom under the name aforesaid upon from and after the day so appointed as aforesaid.

Executive
4 Resn

3 The Executive Government of the said Kingdom of Canada is and shall be vested in Her Majesty the Queen her heirs and successors.

Command of Naval + [illegible] Force

4 The Queen is and shall be Commander in Chief of the

18731

These papers were found by me after Sir John Macdonald’s death in great confusion. Some of these sheets were together. I have not been able to find numbers two and four.

Joseph Pope
1892

18732

3

13 Resn
[illegible] Stat of Canada
Cap. 1

of Her Majesty [illegible] by Act of the Parliament of the United Kingdom of Great Britain and Ireland, or by [illegible] an act of ^{[any or [illegible] of]} the [illegible] of [illegible] of the Provinces of Upper Canada, Lower Canada, Nova Scotia and New Brunswick, or by an act of the Legislature of the present Province of Canada or by an act of the Parliament of the Kingdom of Canada constituted under the provisions of this act. And shall ^[each] be legally or equitably seizes as of freehold for his own use and benefit of Canada or tenements held in free and common socage, – or seized and possessed for his own use and benefit of lands 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, deeds and incumbrances. [illegible] and shall each be and [illegible] [illegible] worth the [illegible] [illegible] [illegible] over and over his debts and [illegible]. [illegible] shall each [rest is [illegible]]

18733

[illegible] all [illegible] at the Seat of the Government of Canada Provided ^[always] that in the case of the Province of Quebec that

17. Each of the twenty-four Legislative Coun^-(l) llors representing Lower Canada ^{[the Province of Quebec]} in the Legislative Council of the General Legislature ^{[Parliament],} 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.[1]

18734

5

in Her Majesty’s [illegible] by an [illegible] under the Great Seal of the Kingdom of Canada to [illegible] to the ^[said] Legislative Council a person duly qualified according to the provisions of this adct to fill the [illegible] such vacancy.

Tenure of
office of
Legislative
Councillor

11 Every member of the Legislative Council of Canada shall hold his seat therein for the term of his life, but subject [illegible] to the Provisions of this Act [illegible] for vacating the same.

Vacating
seat by
absence or
disqualification

12 If any Legislative Councillor of Canada shall for Two consecutive sessions of Parliament fail to give his attendance in the Legislative Council without the permission of the Governor General, [illegible] by him to the Legislative Council or shall take any oath or make any declaration or acknowledgement of Allegiance obedience or adherence to any Foreign Prince or Power or shall do concur in or adopt any Act whereby he

18735

6

may become a Subject or citizen of any Foreign State or Power ^{[illegible addition]}  or whereby he may become 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 public defaulter, or be attainted of Treason, or be convicted of Felony or any infamous crime, his seat in such Council shall thereby become vacant.

Oath of office
[illegible] Stat
of Canada
Schedule D

13. Every Legislative Councillor of Canada shall before taking his seat: take the oath in the Schedule B before the clerk of the said Council.

Resignations
of Legislative
Coucillors

14. Any member of the Legislative Council may by writing under his hand addressed to the Governor General resign his seat in [illegible] the said Legislative Council, and therefrom such seat shall become vacant.

24 [illegible]
appeal?

15 If any question shall arise as to the qualification of a Legislative Councillor, the same shall be determined by the Legislative Council.[2]

18736

7

appointment
of Speaker

24 as to [illegible]

Union Act
of 1840

9^th Section

16 The Governor General shall have power and authority from time to time (until otherwise provided by Parliament) by an instrument under the Great Seal to appoint one member of the said Legislative Council to be Speaker thereof and to [illegible] and appoint another in his stead.

Quorum

10 quorum in
Union Act of
1840.

Division

[illegible]?
[illegible]?

Casting vote

17 The presence of at least              members of the Legislative Council in deciding the speaker shall be necessary to constitute a meeting for the Exercise of its Powers and all questions which shall arise in the said Legislative Council shall be decided by a majority of voices of the members present, other than the speaker, and when the voices shall be Equal the Speaker shall have the casting vote.

House of Commons

Union Act
[illegible]

18 For the purpose of constituting the House of Commons of Canada it shall be lawful

Endnotes

[1] This resolution appears to be cut out from Drafts of the London Resolutions – Post-Conference Draft, Version 2, John A. Macdonald’s Copy (18572-18590).

[2] This resolution appears to be cut out from Drafts of the London Resolutions – Post-Conference Draft, Version 2, John A. Macdonald’s Copy (18572-18590).