John A. Macdonald Fonds, Drafts of the London Resolutions – Loose Resolutions Drafts (13 December-24 December 1866)
Document Information
Date: 1866-12-13 – 1866-12-24
By: John A. Macdonald, Alexander Galt, and TBD
Citation: John A. Macdonald Fonds, Drafts of the London Resolutions – Loose Resolutions Drafts, December 13th-24th, 1866 (MG 26 A, Vol. 47, Part 1, pp. 18262-18280.
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Notes: The transcription for this document has not entirely transcribed the handwritten notes. For those please consult the PDF. The transcription still needs to be verified for accuracy.
18262
1st Clause Word “Federal” objected by Mr. Hency to be considered
2nd C. The words “Prince Edward Island” to be dropped in 1st place they occur.
3rd agreed
4th ”
5th “commander-in-chief” to be subject to constitutional advice
-To be considered-
6th agreed
7. do. for consideration
8 ” ” ”
9. ” ” ”
10 ” ” ”
11 ” ”
12 ” ” “real” proposed to be struck out
13 ” ”
14. ” ”
15. agreed.
16. ”
17. “194” reduced to 181. P. Island & Newfoundland struck out.
18. agreed. “[illegible] the first general election after” to be inserted after “until”
19. stands over
20. agreed
21. stands over
22. agreed
23. To be modified
24. struck out – see 41 –
25. stand over
26. agreed
27. agreed
28. ”
29. stands for consideration
18263
1st Clause adopted.
“Federal”
2nd [illegible] adopted
“confederation” in lieu of “federation”
PEI struck out at first [illegible] in last [illegible]
“is” instead of [illegible]
3 ” adopted
4 ” do
5. “Representation of the Sovereign” struck out otherwise adopted
6 adopted “Confederation” instead of confederated provinces [illegible] of the Sovereign after the word composed
7 “Confederation” instead of Conf Prov. (P.E.I. out)
8 N.S. 12 + N.B. 12 PEI out
new 8 ½ New rel to P.E.I. coming in
9th adopted inserted “where admitted”
Instead of “shall be entitled [illegible”
10 adopted [illegible] omitted
11
12 adopted “[illegible] of the [illegible] for whose [illegible] appointed” last clause out.
23. at In N.S. & N.B. counties [illegible] [illegible] [illegible to be constituted as electoral districts of [illegible]
24 Out
18264
Local constitutions
Local parliaments to be [illegible] as at present to be confined to have [illegible]
Finish [illegible]
[illegible] [illegible]
As have [illegible] liability for [illegible]
[illegible] [illegible]
officers
[illegible] election laws
-constituencies
– [illegible]
Clause [illegible] [illegible] power [illegible] legislation [illegible] [illegible] [illegible] [illegible]
-[illegible]
Intercolonial Railway
Division of property local or general
Fisheries
[illegible] [illegible] (Canadian)
18265
27. The Governor of Lower Canada may, by a proclamation to be issued by him for that purpose under the Great Seal of the Province, and to take effect from a day to be named therein, constitute townships in those parts of the province of Lower Canada in which townships are not already constituted, and may fix the metes and bounds thereof.
28. All the powers, privileges and duties conferred and imposed upon Catholic separate schools and School Trustees in Upper Canada, shall be extended to the Protestant and Catholic Dissentient Schools in Lower Canada.
29. All Laws, Statutes, and Ordinances, which at the time of the Confederation of the said Provinces shall be in force within the said province of Canada, 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 Lower Canada and Upper Canada respectively, 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 the General Parliament or of the Local Legislatures of the said Provinces respectively, as the case may be.
Union Act, sec., 107.
30. All the Courts of Civil and Criminal Jurisdiction within the Province of Canada, or within Lower Canada, or Upper Canada, 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 by, or may be inconsistent with the Provisions of this Act, or shall be abolished, altered, or varied by any Act or Acts of the General Parliament or the Local Legislatures of the Provinces of Lower Canada and Upper Canada respectively, as the case may be, shall continue to subsist within [rest of clause is cut off]
18266
36. No lands or property belonging to the General or Local Governments shall be liable to taxation.
37. All Bills for appropriating 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.
38. 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 Governor as the case may be during the session in which such Vote, Resolution, Address or Bill is passed.
39. 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 consideration of the Governor-General.
40. Any Bill passed by the General Parliament shall be subject 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.
41. Subject to any future action of the respective Local Governments, the seat of the Local Governments 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.
42. 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.
18267
43 1st paragraph amend as follows
[illegible]
And in the case of New Brunswick, the right of levying [illegible] timber dues by the mode and to the extent now [established] by law, [illegible] provided such timber be [not] the produce of [illegible] the other Provinces.
22 Decr
18268
43 ½ All the powers privileges and duties conferred and imposed upon Catholic Separate Schools and School Trustees in Upper Canada shall be extended to the Protestant and Catholic Dissentient Schools in Lower Canada and on appeal shall be in both sections to the Governor in Council of the General Government from the acts and decisions of the Local authorities in each Province 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.
[omitted]
Reverse of page:
19 Dec. Amended 24 Dec”
18269
And in any Province where a system of separate or dissentient schools by law obtains, or where the Local Legislature may hereafter adopt a system of separate or dissentient schools, an appeal shall lie to the Governor General in Council of the General Gov’t, 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.
Nova Scotia Yes
New Brunswick Yes
Canada Yes
This is the heart of the 6th subsection of 43 Clause
Reverse of page:
24 Dec
Mr. McCully
43 Subsec. 6
Carried
18270
Galt’s amendment
Subsect. 6 clause 43
Taken by JHowe
[illegible] 3 March 1909 [illegible]
J. Pope
18271
All the powers privileges and duties conferred + imposed upon Catholic Separate Schools + School Trustees in U.C. shall be extended to the Protestant + Catholic Dissentient Schools in LC [illegible] appeal shall be in both sect to the Gov in Council of the General Government
18272
An appeal shall be in both sections to the Gov’r in Council of the Gen’l Government from the acts + decisions of the local authorities in each province which may affect the rights + privileges of the Catholic or Protestant minorities in the matter of Education + the Gen’l Parliament shall have power in the last resort to legislate on the subject.
18273
Grants of money made to denominational schools in any Province shall not be construed as creating separate schools [by this Bill] unless provision be made for the creation [therein] of separate and [a] dissentient schools by [illegible] the act [Act] of the [such] Provincial Legislation [illegible] Education in any such Province.
18274
Resolved
That the Honble Messrs. Galt, Howland, Henry + Tilley be appointed a Committee to consider the 54th of the Quebec Resolutions, and matters of Finance generally, and to report thereon.
18275
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
Moved by Mr Mitchell in amend’t to 6th section of 43 section of Quebec Resolutions
Carried
24 Decr.
18276
61) add the words
But [illegible illegible] 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 Government.
62 + 63
In case Nova Scotia and [or] New Brunswick [illegible] [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 difference between the actual amount of their respective Debts at the time of the Union and such stipulated amounts [illegible] the full amount of Debt.
64 Add
But the General Government shall have deduct from such subsidy all sums paid as interest on the Public Debt of any Province in excess of the amount provided under the 61st Resolution.
Reverse of page:
Mr. Galt
62-62-64
amended
This draft is after the 4th but before the penultimate drat
18277
64
In consideration of the transfer to the General Parliament of the powers of taxation, the following sums shall be paid to each by the General Government to each Province for the support of their Local Govts and Legislatures:—
Upper Canada $80,000
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 1861, and in the case of Nova Scotia and New Brunswick, by each subsequent decennial census until the population of each of those Provinces shall amount to 400,000 souls, at which [illegible] [rate] it shall thereafter be established [remain]. Such aid shall be in full settlement of all future demands upon the General Govt. for local purposes, and shall be paid half yearly in advance to each Province
Reverse side:
amended as 63 in [illegible] copy
passed 24 Decr
18278
[illegible notes in margin]
Mr. Galt moved
2ded by Mr Tilley
The construction of the Intercolonial Railway being essential to the consolidation of the Union of British North America, and to the assent of the Maritime Provinces thereto, it is agreed that provision be made for its immediate construction by the General Government under the Guarantee, and that the Imperial guarantee for three millions sterling [illegible] pledged for this work be applied thereto, so soon as the necessary authority has been obtained from the Imperial Parliament.
Reverse side
20 Dec
Mr. Galt
Resl 68
Carried
18279
That the [powers] + privileges of the House of Commons of the United Kingdom of G.B. + I. shall be held to appertain to the House of Commons of the Confederation [illegible], and all such [the] powers + privileges appertaining to the House of Lords in its legislative capacity, shall be held to appertain to the Legislative Council of the Confederation.
Reverse side
31
Council
Decr 24
18280
The assets enumerated in Schedule ____ hereunto annexed, [illegible] belonging at the time of the Union to the Province of Canada, shall be the property of the Provinces of Ontario and Quebec conjointly.