John A. Macdonald Fonds, Drafts of the Quebec Resolutions – Version No. 2, “Bricolage” (26-27 October 1864)


Document Information

Date: 1864-10-26/27
By: John A. Macdonald
Citation: John A. Macdonald Fonds, Drafts of the Quebec Resolutions – Version No. 2, “Bricolage”, October 26-27th, 1864 (MG 26 A, Vol. 46, pp. 18142-18155).
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18142

[STRICTLY CONFIDENTIAL]

RESOLUTIONS.

[added in left margin 1] 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.

[added in left margin 2] 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 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.

[added in left margin 3] 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 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.

[added in left margin 4] 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 the Representative duly authorized.

[added in left margin 5] That the Sovereign or Representative of the Sovereign shall be Commander in Chief of the Land and Naval Militia Forces.

[added in left margin 6] That there shall be a General Legislature for the Federated Provinces, composed of a Legislative Council and [following two words strikethrough] Legislative Assembly [following two words inserted House of Commons].

[added in left margin 7] That for the purpose of forming 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 representation in the Legislative Council.

[added in left margin 8] That Upper Canada shall be represented in the Legislative Council by 24 Members, Lower Canada by 24 Members, and the three Maritime Provinces by 24 Members, of which Nova Scotia shall have Ten, New Brunswick Ten, and Prince Edward Island Four Members.

[added in left margin 9] That the colony of Newfoundland [following ten words strikethrough] having sent a Deputation to this Conference be now invited [following three words inserted shall be entitled] to [following typographical error in next word fixed] enter [following word  strikethrough] into the proposed [following word strikethrough] Confederation [following word inserted Union], with a representation in the Legislative Council of four Members.

[partly legible in left margin 10] That the North-West Territory, British Columbia and Vancouver shall be admitted into the Union on such terms and conditions as [following three words strikethrough] the General Legislature [following word is inserted 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.

[added in left margin 11] 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.

[added in left margin 12] 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. [Comment at bottom of page not legible]

18143[1]

[added in left margin 15] That the basis of Representation in the House of Commons, shall be Population, as determined by the Official Census every ten years: and that the number of Members at first shall be 194, distributed as follows:

Upper Canada……………………82
Lower Canada……………………65
Nova Scotia………………………19
New Brunswick…………………..15
Newfoundland…………………….8
and Prince Edward Island…………5

[added in left margin 16] That each section shall distribute its Representatives in such Electoral Divisions as it deems best.

[added in left margin 17] That until the Official Census of 1871 has been made up, there shall be no change in the number of Representatives from the several sections.

[added in left margin 18] That immediately after the completion of the Census of 1871, and immediately after every Decennial Census thereafter, the Representation from each section shall be re-adjusted on the basis of Population.

[added in left margin 19] That 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 such 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 Lower Canada will enjoy according to the Census then just taken by having sixty-five members.

[added in left margin 20] 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 [following word strikethrough] Federation [following word inserted Union], to the extent of five per centum or over.

[added in left margin 21] 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.

[added in left margin 22] That the number of Members may at any time be increased by the Federal Parliament, — regard being had to the proportionate rights then existing.

[added in left margin 23] That the Legislature of each Province [following seven words inserted in the Act consenting to the Union], shall divide such Province into the proper number of constituencies and define the boundaries of each of them.

[added in left margin 24] The local Legislature of each Province may [following word inserted 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.

[added over next word 27] [following word strikethrough] That there shall be a session of the [following four words strikethrough] Legislative Council and Assembly [following two words inserted Federal Parliament] once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting of the [following four words strikethrough] Legislative Council and Assembly

[following two words inserted Federal Parliament] in the next session: [added in left margin 26] [following word strikethrough] And every [following two words strikethrough] Legislative Assembly [following three words

inserted House of Commons] 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.

[added in left margin 25] That until provisions shall otherwise be made by the [following five words strikethrough] Legislature of the Federated Provinces [following two words inserted Federal Parliament], all the Laws which, at the date of the Proclamation constituting [following four words inserted the Union may be] [following four words strikethrough] such Confederation, 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 [following word strikethrough thereof], — and [following two words inserted relating to] the proceedings at Elections, — and [following word inserted to] 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 [following word inserted to] the issuing and execution of new Writs in case of [remainder of passage is cut off any seat being vacated otherwise than by a dissolution, — shall respectively apply to Elections of Members to serve in the House of Commons, for places situate in those Provinces respectively.]

18144

[Separate handwritten note Part of no. 11 Provided that absence from the Legislature for two consecutive sessions shall render such seat absolutely vacant.]

18145

[Separate handwritten note To be substituted for no 12 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 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 except in the case of Newfoundland where the property may be either real or personal.]

18146

[added in left margin 13] That the [following four words inserted] first selection of the Members of the Legislative Council [following four words strikethrough] for the General Government shall [following four words strikethrough] in the first instance be [following word strikethrough] selected [following word inserted made] 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;

[following provision is entirely strikethrough] 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.

[following twelve words are strikethrough] That the Members of the first Legislative Council in the Federal Legislature [following two words inserted such Members] shall be appointed by the Crown at the recommendation of the [following strikethrough] Federal [following word inserted General] Executive Government, 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 [following word inserted may] [following word strikethrough] be as nearly as possible [following word inserted be] fairly represented.

[Note at bottom of page] The twenty-four Legislative Councillors representing Lower Canada in the Legislative Council of the Federal Legislature shall be appointed to represent each 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 [a word is blotted] or possess his qualification therein.

18147

[the passage preceding this section is cut off] vacated otherwise than by a dissolution, — shall respectively be applied to Elections of Members to serve in the [the following six words strikethrough and amendment not legible] Legislative Assembly of the Federated Provinces for places situate in those Provinces respectively [the following six words strikethrough] for which each Laws were passed..

[following entire passage is strikethrough] 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 the Representative duly authorized.

[following entire passage is strikethrough] That the Sovereign or Representative of the Sovereign shall be Commander in Chief of the Land and Naval Militia Forces.

[following entire passage is strikethrough] That with a view of reducing the expenses of the Local Governments, it shall be 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 reconstruction, nothing be contained inconsistent with the Constitution of the Federal Government.

18148

3

[following entire passage is strikethrough] 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 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 pleasure as aforesaid, and also by message to both Houses of the General Legislature, within the first week of the first Session afterwards.

[added in left margin 28.] [following nine words strikethrough] That it shall be competent for the General Legislature [following six words inserted The Federal Government 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 [following inserted the following subjects]:

[Inserted 1. The Public Debt and Property]
[renumbered 2.] 1. Trade and Commerce.
[renumbered 3.] 2. The imposition or regulation of Duties of Customs on Imports and Exports [inserted except on exports of timber, logs, masts, spars, deals, and sawn lumber and of coal and other minerals.]
[renumbered 4.] 3. The imposition or regulation of Excise Duties.
[renumbered 5.] 4. [following five words inserted The raising of money by] All or any other modes or systems of Taxation.
[renumbered 19.] 5. Currency and Coinage.
[renumbered 6.] 6. The Borrowing of Money on the Public Credit.
[renumbered 20.] 7. Banking and the issue of paper money.
[renumbered 23.] 8. [following four words strikethrough] The law relating to Bills of Exchange and Promissory Notes.
[renumbered 24.] 9. Interest.
[renumbered 25.] 10. Legal Tender.
[renumbered 22.] 11. Weights and Measures.
[renumbered 7.] 12. Postal Service.
[renumbered 26.] 13. Bankruptcy and Insolvency [following word strikethrough] Laws.
[renumbered 14.] 14. Beacons, Buoys and Light Houses
[renumbered 15.] 15. Navigation and Shipping.
[following passage inserted in right margin 16. Quarantine.]
[following passage inserted in right margin 18. Ferries between any Province and a Foreign Country, or between any two Provinces.]
[renumbered 17.] 16. Sea Fisheries.
[renumbered 27.] 17. Patents of Invention and Discovery.
[renumbered 28.] 18. Copy Rights.
[renumbered 10.] 19. Telegraphic Communication and the incorporation of Telegraph Companies
[following passage inserted in right margin 29. Indians and Lands reserved for the Indians.
[inserted left margin X; renumbered 30.] 20. Naturalization and Aliens.
[renumbered 31.] 21. Marriage and Divorce.
[renumbered 12.] 22. The Census.
[Following passage is cut out and clip inserted here 33. [following nine words strikethrough] 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 Upper 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 [following five words strikethrough] not to go into operation [following eleven words inserted any Statute for this purpose shall have no force or authority] in any Province until sanctioned by the Legislature thereof.
[following is covered by above clip] 23. Militia — Military and Naval Service and Defence.
[following is covered by above clip] 24. Immigration.
[following is covered by above clip] 25. Agriculture.
[following is covered by above clip] 26. The Criminal Law, (except the Constitution of Courts of Criminal Jurisdiction
[following is covered by above clip] 27. Lines of [the last part of word strikethrough “ships”] Steamships or other Ships, Railways and Canals connecting any two or more of the Provinces together [there is additional material but ineligible].
[above clip covers the renumbering] 28. Lines of Steamships between the Federated Provinces and other Countries.

[following entire list is strikethrough] That it shall be competent for the Local Legislatures to make Laws respecting:–

  1. Agriculture.
  2. Education; saving the rights and privileges which the Protestant Catholic minority in both Canadas may possess as to their Denominational Schools, at the time when the Constitutional Act goes into operation.
  3. Immigration.
  4. The sale and management of Public Lands, excepting Lands belonging to the General Government.
  5. Property and civil rights, excepting those portions thereof assigned to the General Legislature.
  6. Municipal Institutions.
  7. Sea coast and Inland Fisheries.
  8. The establishment, maintenance and management of Penitentiaries, and of Public and Reformatory Prisons.
  9. The establishment, maintenance and management of Hospitals, Asylums, Charities and Eleemosynary institutions.
  10. Local Works.
  11. The Administration of Justice, and the Constitution, maintenance and organization of the Courts — both Civil and Criminal Jurisdiction.

[following passage found at bottom of the page 11. 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.]

18149

[the entire section is strikethrough] That it shall be competent for the Local Legislatures to make laws respecting:–

  1. The establishment and tenure of local Offices, and the appointment and payment of local Officers,
  2. Direct Taxation,
  3. Borrowing Money on the credit of the Province,
  4. Shop, Saloon, Tavern, Auctioneer and other licenses,
  5. The Incorporation of private or local Companies, except such as relate to matters assigned to the Federal Legislature,
  6. And generally all matters of a private or local nature,
  7. The local Legislature of each Province may 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.
  8. The power of respiting, reprieving, commuting and pardoning Prisoners convicted 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.

[the entire section is strikethrough] 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.

[the entire section is strikethrough] That in regard to those subjects over which jurisdiction belongs to both the General and Local Governments, the laws of the General Government shall control and supersede those made by the Local Government, and the latter shall be void so far as they are repugnant to or inconsistent with the former.

[the entire section is strikethrough] To postpone the consideration of:–

That all lands, mines and minerals vested in Her Majesty in any of the said Provinces for the use of such Province, shall belong to the Local Government of the territory 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 person in respect of the same.

[the entire section is strikethrough] That all sums due from purchasers or lessees of such lands, at the time of the Union, shall also belong to the Local Governments.

  1. It shall be competent for the General Legislature to pass laws respecting­–
    1. The Indians, and Lands reserved for the Indians,
    2. Ferries between any Province and a Foreign Country or between any two Provinces,
    3. Respecting Savings Banks, and
    4. Quarantine.

[section renumbered 29.] 2. 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.

[section renumbered 30.] 3. 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 [following word inserted Courts] Judges and Officers of the General Government.

[section renumbered 31.] 4. That the [following two words strikethrough] General Legislature [following two words inserted Federal Parliament] may also, from time to time, establish additional Courts, and the [following word strikethrough] General Government [following word inserted may] thereupon 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 of [following three words strikethrough] the General Legislature [following word inserted Parliament].

[entire passage is strikethrough] 5. 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.

[entire passage is strikethrough] 6. The House of Commons or Legislative 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 to the House or Assembly 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.

[clip inserted on black page; passage is numbered 34] The Establishment of a General Court of Appeal for the Federated Provinces.

[following passage strikethrough] 30. Subsidies or grants in aid of the Local Governments.

[following passage strikethrough] 31. The Public Debts and Public Property.

[renumbered 37] And Generally respecting all matters of a general character, not specially and exclusively reserved for the Local Governments and Legislatures.

18150

[following passage inserted by hand 33. 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.]

[added in left margin 36.] 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 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 pleasure as aforesaid, and also by message to both Houses of [following three word strikethrough] the General Legislature [following word inserted Parliament], within the first week of the first Session afterwards.

[added in left margin 36a.] [following word strikethrough] That the Lieutenant Governor of each Province shall be paid by the General Legislature.

[added in left margin 36b.] That in undertaking to pay 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.

[added at bottom of page by hand 37. The Local Government and Legislature of each Province shall be constructed in such manner as the existing Legislature of each Province shall provide in the Act assenting to the Union.]

18151

[following phrase strikethrough] That it shall be competent for the Local Legislatures to make Laws respecting:–

[renumbered 4.] 1. Agriculture.
[renumbered 6.] 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 [following two words strikethrough] Constitutional Act [following word insert Union] goes into operation.
[renumbered 5.] 3. Immigration.
[renumbered 6, then strikethrough, inserted 7.] 4. The sale and management of Public Lands, excepting Lands belonging to the General Government.
[renumbered illegible] 5. Property and civil rights, excepting those portions thereof assigned to the General Legislature.
[renumbered illegible] 6. Municipal Institutions.
[renumbered illegible] 7. Sea coast and Inland Fisheries.
[renumbered 8, then strikethrough, inserted 9] 8. The establishment, maintenance and management of Penitentiaries, and of Public and Reformatory Prisons.
[renumbered 9, then strikethrough, inserted 10] 9. The establishment, maintenance and management of Hospitals, Asylums, Charities and Eleemosynary institutions.
[renumbered 13] 10. Local Works.
[renumbered 17] 11. The Administration of Justice, [following word strikethrough] and [following word inserted including] the Constitution, maintenance and organization of the Courts — both of Civil and Criminal Jurisdiction, [following eight words inserted and including also the Procedure in Civil matters.]
[above resolutions are from single clip pasted over this phrase] That it shall be competent for the Local Legislatures to make laws respecting:–
[renumbered illegible] 12. The establishment and tenure of local Offices, and the appointment and payment of local Officers,
[following resolution strikethrough] 13. Direct Taxation,
[renumbered illegible] 14. Borrowing Money on the credit of the Province,
[renumbered illegible] 15. Shop, Saloon, Tavern, Auctioneer and other licenses,
[renumbered illegible] 16. The Incorporation or private or local Companies, except such as relate to matters assigned to the Federal Legislature,
[renumbered 18.] 17 And generally all matters of a private or local nature,
[following resolution strikethrough] 18. The local Legislature of each Province may from time to time alter the Electoral Districts of the Province for the purpose 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.
[also renumbered 40] 19. The power of respiting, reprieving, commuting and pardoning Prisoners convicted 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 [following three words strikethrough] the General Legislature [following word inserted Parliament].

[inserted in left margin 16.] [following ten words strikethrough] 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.

18152

[following resolution inserted by hand 38. After the Union the Local Legislatures shall have power to alter or amend their Constitution from time to time.]

[following resolution inserted by hand 39. The Local Legislatures shall have power to make Laws respecting the following subjects:

  1. 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.]

18153

[The following three resolutions fully strikethrough]

5

  1. Any Bill of the General Legislature 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.
  1. 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 Governor General within one year after the passing thereof.

To postpone the consideration of:–

The North-West Territory, British Columbia and Vancouver shall be admitted into the Union on such terms and conditions as the General Legislature 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.

[added in the left margin 32.] [following word strikethrough] That [following six word inserted The General Government shall appoint and] the Judges of the [following word inserted superior] Courts [following two words strikethrough] of Record in each Province [remainder of provision strikethrough] shall be appointed and paid by the General Government, and their salaries shall be fixed by the General Legislature [following phrase inserted and of the County Courts of Upper Canada, and Parliament shall fix their salaries.]

[added in the left margin 34.] That the Judges of the Court of Admiralty now receiving salaries shall be paid by the General Government.

[added in the left margin 33.] 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 [following three words strikethrough] the General Legislature [following word inserted Parliament].

[following resolution is partly visible and torn-off after third word; remainder not found] That General Legislature shall have power to pass statutes for rendering uniform all or any of the laws relative to property and civil rights in Upper 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.

18154

[added in left margin 41.] That in regard to [following word strikethrough] these [following word inserted all] subjects over which jurisdiction belongs to both the General and Local Governments, the laws of the [following two words strikethrough] General Government [following two words inserted Federal Parliament] shall control and supersede those made by the Local [following word strikethrough] Government [following word inserted Legislature], and the latter shall be void so far as they are repugnant to or inconsistent with the former.

[added in left margin 41 ½ That both the English and French languages may be employed in the General Legislature and in its proceedings, and [illegible word here] in the Local Legislature of Lower Canada, and in the Federal and Local Courts of Lower Canada.]

[added in left and right margins 42.] That no lands or property belonging to the General or Local Government shall be liable to taxation.

[both this resolution and the next one are part of one clip cut and pasted here, the first numbered 43.] 5. 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 Local Assembly, as the case may be.

[renumbered 44.] 6. The House of Commons or 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 to the House of Assembly 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.

[renumbered 45.] 7. Any Bill of the General Legislature 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.

[renumbered 46.] 8. 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 Governor General within one year after the passing thereof.

[both this resolution and the next one is part of one clip cut and pasted here both numbered 47.] That, subject to any future action of the respective Local Governments in respect thereof, 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.

That the Seat of Government of the [letter inserted at the end of word d] Confederate [letter inserted at the end of word s] Province shall be Ottawa, subject to the Royal Prerogative.

[renumbered 48.] 1. That the Confederation shall be vested at the time of the Union with all Cash, Banker’s Balances, and other Cash Securities of each Province;

[renumbered 49.] 2. That the Confederation shall be vested with the Public Works and Property of each Province – to wit:

Canals;
Public Harbours;
Light Houses and Piers;
Steamboats, Dredges and Public Vessels;
River and Lake Improvements;
Railroads and Railway Stocks, Mortgages and other debts due by Railroad Companies;
Military Roads;
Public Buildings, Custom Houses and Post Offices, except such as may be set aside by the General Government for the use of the Local Legislatures and Governments;
Property transferred by the Imperial Government and known as Ordnance Property;
Armories, Drill Sheds, Military Clothing and Munitions or War;
Lands set apart for public purposes;

[following passage strikethrough] 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 Fortification or the Defence of the Country.

18155

[following is badly faded but probably 51] 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 territory 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.

[following is badly faded but probably 51 ½] 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.

[passage is clip added to page] [renumbered 52] 2. The several Provinces shall remain each vested with all [following word inserted other] 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 Fortification or the defence of the Country.

[the preceding provision is a clip overlapping an illegible passage with an illegible note.]

[added in left margin 53.] The Confederation shall assume all the Debts and Liabilities of each Province.

[added in left margin 54.] The Debts of Canada not specially assumed by Upper and Lower Canada respectively, 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.

[added in left margin 55.] But it shall be expressly provided that 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 respective debts at the date of Union less than $8,000,000 and $7,000,000 respectively, they shall then be entitled to benefit by the interest at 5 per cent. on the amount not so incurred, in like manner as in hereinafter provided for Newfoundland and Prince Edward Island. The foregoing resolution being in no respect intended to limit the powers now given to the respective 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.

[added in left margin 56.] 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 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 per head of the Population of Canada, Nova Scotia and New Brunswick.

[added in left margin 57.] In consideration of the transfer to the General Legislature 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 Population, as established by the Census of 1861. Newfoundland being estimated at 130,000 habitants. Such aid shall be in full settlement of all future demands upon the General Legislature for local purposes, and to be payable half yearly in advance to each Province.

[added in left margin 58.] 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. Provided 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.

[added in left margin 59.] In consideration of the surrender to the 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 by semi-annual payments. Provided that the 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.

[added in left margin 60.] All engagements that may be entered into with the Imperial Government for the defence of the Country shall be assumed by the Confederation.

[passage inserted at bottom of page 61. That the Federal Government will secure, without delay, the completion of the Intercolonial Railway from Rivière du Loup through New Brunswick to Truro in Nova Scotia.]

[1] Resolutions no. 13 and 14 are not found here, except there is a non-legible comment at the bottom of the page that could be for no. 14.

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