Document Information
Date: 1867-01-24 – 1867-01-30
By: John A. Macdonald, British North America Delegates
Citation: John A. Macdonald Fonds, Drafts of the British North America Act, 1867 – Macdonald’s Notes on Colonial Office draft and First draft, January 23-30th, 1867 (MG 26, A, Vol. 48, pp. 18737-18743).[1]
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).
Supplementary Points[2]
1. Local Government of U.C.
2. Do of L.C.
3. Do of N.S.
4. Do of N.B.
5. Dr Tupper’s proposition is to NS constituencies – giving one member to each county that the county of Halifax including the city of Halifax shall have two members
9. Interim Governments
10. Necessary powers of [illegible] LC
11. Commission to be appointed to [illegible] to each province
12. Alteration of Royal [illegible]
13. Transfer of
14. Prince Edward to be made a [illegible]
15. Dr. Tupper’s proposition as to Halifax; [illegible] for Railway
16. Fishery Question
17. Northern Railway
18378
Objections to draft Bill[3]
1. Preamble to be extended.
2. 2d + 3d clauses to be by Proclamation [illegible] by Patent
3. United Colony to be altered to Dominion or Kingdom.
4. General name to be Canada
5 U C to be Ontario
L C to be Quebec
6 [illegible] Clause
Parliament
Legislature
[illegible]
7. 5th Clause is it required
8. As to appt of Executive
18739
Council – to be [illegible] 45th Clause of Union Act.
9 – A clause declaring that the Executive authority is vested in the Queen.
10 Upper House to be called Senate.
11. Oppose 10th Clause as to naming the Upper House.
12-12 13 + 14 Resns to be opposed
13 – Amendt of 1st such section of 15th clause 5th subsections, to have the words “Under the
18740
General Government.
14 – 3d subsection of 16 clause to be added to.
15 – 17 + 18 Clauses to be omitted.
16- 19th Clause to be amended.
16th– 22d Clause [illegible] H. of Lords to be adopted
17th– 24th Clause to be amended.
18th 34 clause. Subject to be Governor.
19- 37 clause to be amended.
20- 9 sub. Sec of 37 of the clause to be amended also as a b c + d – also as to
18741
13 Sub-section 16 subsection to stand over.
21. 38th Clause to be amended so as to harmonize.
22. 39th Clause to be reconsidered.
23. 41th Clause to be [illegible]
24. 43d Clause to be [illegible].
25. 44th Clause to be [illegible] for B Columbia + the [illegible] Secretary to + the reduction of members of LC – where P.L. [illegible]
18742
– Additions –[4]
1. Powers + Privileges of the House. Wanted an Imperial Clause.
2. 31 to 37 Courts + Judges to be [illegible] in Imperial act.
3. Local Constitutions to be settled on consultation
4. 53-63 Property + [illegible]
5. Intercolonial Railway
Guarantee
Preamble
[illegible] Clause
6. Pardoning Power
7
18743
Observations in Gov’t Bill.[5]
1. The Preamble should be more full + contain allegiance to Resp. Gov’t + the principles of the British Constitution.
2d Clause. Voted by [illegible] name should be inserted in the Act. Also names of U + LC. [illegible] of Province should be [illegible]
The word “Colony” [illegible]
3rd Clause. Proclaimed in the London Gazette copied in each Prov’l, Gazette.
4 Clause. New names for U. + L. Canada should be given
5th Clause. [illegible] + improper
6 Clause. Enacted, but can do no harm. [illegible] [illegible] [illegible] Great Seal not required.
7th Clause. 29?
8 [illegible]
9 Do
Endnotes
[1] These notes are found between two drafts from this time period—what we have labelled first draft—rough version (18728-18736) & first draft—revised rough version (18744-18762). The entire package can be viewed HERE. These drafts and notes are in response to the Colonial Office draft of January 23, 1867 (18971-18988 & 18989-19000).
[2] ‘Supplementary Notes’ follow the rough version (18728-18736) draft and probably relate to that document.
[3] These are objections to the Colonial Office draft of January 23, 1867 first draft—rough version (18728-18736), stemming from the British North American delegates.
[4] These are additions to the Colonial Office draft of January 23, 1867 (18971-18988 & 18989-19000), stemming from the British North American delegates. Most of them are found in that draft at the end of the document.
[5] These are observations to the Colonial Office draft of January 23, 1867 (18971-18988 & 18989-19000), stemming from the British North American delegates.