John A. Macdonald Papers, Drafts of the Quebec Resolutions, Working Draft No. 2 (26-27 October 1864)


Document Information

Date: 1864-10-26 – 1864-10-27
By: John A. Macdonald
Citation: John A. Macdonald, Drafts of the Quebec Resolutions, Working Draft No. 2, October 26th-27th, 1864 (MG 26 A, Vol. 46, pp. 18142-18155).
Other formats: Click here to view the original document (PDF).
Click here for our e-book, The Quebec Resolutions: Including Several Never-Published Preliminary Drafts by George Brown and John A. Macdonald & a Collection of all Previously-Published Primary Documents Relating to the Conference (Calgary: Canadian Constitution Foundation, 2021).
Note: The text also contains handwritten notes and other marginalia. Click here to view an explanatory document on how we have transcribed handwritten notes.


18142 [Note [1]]

[STRICTLY CONFIDENTIAL.]

RESOLUTIONS.

[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.

[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.

[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.

[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 Representative duly authorized.

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

[6] That there shall be a General Legislature for the Federated Provinces, composed of a Legislative Council and Legislative Assembly [House of Commons].

[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.

[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.

[9] That the colony of Newfoundland having sent a Deputation to this Conference be now invited [shall be entitled] to enter into the proposed Confederation [Union], with a representation in the Legislative Council of four Members.

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

[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.

[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. [illegible]

18143 [Note  [2]]

[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

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

[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.

[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.

[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.

[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 Federation [Union], to the extent of five per centum or over.

[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.

[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.

[23] That the Legislature of each Province [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.

[24] The local Legislature of each Province may [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.

[27] That there shall be a session of the Legislative Council and Assembly [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 Legislative Council and Assembly [Federal Parliament] in one session and the first sitting of the Legislative Council and Assembly [Federal Parliament] in the next session:

[26] And every Legislative Assembly [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. [Note  [3]]

[25] That until provisions shall otherwise be made by the Legislature of the Federated Provinces [Federal Parliament], all the Laws which, at the date of the Proclamation constituting [the Union may be] such Confederation, are in [Note  [4]] 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 thereof,–  and [relating to] the proceedings at Elections, – and [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 [to] the issuing and execution of new Writs in case of any [Note  [5] 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

Part of no. 11

Provided that absence from the Legislature for two consecutive sessions shall render such seat absolutely vacant. [Note  [6]

18145

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. [Note  [7]]

18146

[13] That the [first selection of the] Members of the Legislative Council for the General Government shall in the first instance be selected [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,

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.

That the Members of the first Legislative Council in the Federal Legislature [Note  [8] [such members] shall be appointed by the Crown at the recommendation of the Federal [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 [may] be as nearly as possible [be] fairly represented.

[11 ½] 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 therein or possess his qualification therein. [Note  [9]]

18147

[Note  [10]] vacated otherwise than by a dissolution, – shall respectively be applied to Elections of Members to serve in the Legislative Assembly of the Federated Provinces [House of Commons] for places situate in those Provinces respectively for which each Laws were passed.

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.

That the Sovereign or Representative of the Sovereign shall be Commander in Chief of the Land and Naval Militia Forces.

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

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.

[28] That it shall be competent for the General Legislature [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 [the following subjects]:

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

                                  

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 or 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.

[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. [Note  [20]]

18149

That it shall be competent for the Local Legislatures to make laws respecting:–

12. The establishment and tenure of local Offices, and the appointment and payment of local Officers,
13. Direct Taxation,
14. Borrowing Money on the credit of the Province,
15. Shop, Saloon, Tavern, Auctioneer and other licenses,
16. The Incorporation of private or local Companies, except such as relate to matters assigned to the Federal Legislature,
17. And generally all matters of a private or local nature,
18. 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.
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 the General Legislature.

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.

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.

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.

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.

[renumbered to 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.

[renumbered to 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 [Court] Judges and Officers of the General Government.

[renumbered to 31] 4. The General Legislature [Federal Parliament] may also, from time to time, establish additional Courts, and the General Government [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 the General Legislature [Parliament].

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.

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.

renumbered to [34]     The Establishment of a General Court of Appeal for the Federated Provinces.
30. Subsidies or grants in aid of the Local Governments.
31. The Public Debts and Public Property.
[renumbered to 37] 32. And Generally respecting all matters of a general character, not specially and exclusively reserved for the Local Governments and Legislatures. [Note  [21]]

                                                                                                                                                                                                                                                                                                               18150

[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. [Note  [22]]

[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 the General Legislature [Parliament], within the first week of the first Session afterwards.

[36a] That the Lieutenant Governor of each Province shall be paid by the General Legislature.

[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.

[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. [Note  [23]]

18151

That it shall be competent for the Local Legislatures to make Laws respecting:– 

[renumbered to 4]  1. Agriculture.
[renumbered to 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 Constitutional Act [Union] goes into operation.
[renumbered to 5] 3. Immigration.
[renumbered to 6, then strikethrough, inserted 7] 4. The sale and management of Public Lands, excepting Lands belonging to the General Government.
[renumbering illegible]     
5. Property and civil rights, excepting those portions thereof assigned to the General Legislature.
[renumbering illegible]  6. Municipal Institutions.
[renumbering illegible]  7. Sea coast and Inland Fisheries.
[renumbered to 9]  8. The establishment, maintenance and management of Penitentiaries, and of Public and Reformatory Prisons.
[renumbered to 10]    9. The establishment, maintenance and management of Hospitals, Asylums, Charities and Eleemosynary institutions.
[renumbered to 13]    10. Local Works.
[renumbered to 17]    11. The Administration of Justice, and [including] the Constitution, maintenance and organization of the Courts – both of Civil and Criminal Jurisdiction [and including also the procedure in Civil matters].

That it shall be competent for the Local Legislatures to make laws respecting:– [Note  [24]]

[renumbered to illegible] 12. The establishment and tenure of local Offices, and the appointment and payment of local Officers,
13.. Direct Taxtion,
[renumbered to illegible] 14. Borrowing Money on the credit of the Province,
[renumbered to illegible] 15. Shop, Saloon, Tavern, Auctioneer and other licenses,
[renumbered to illegible]  16. The Incorporation or private or local Companies, except such as relate to matters assigned to the Federal Legislature,
[renumbered to 18] 17. And generally all matters of a private or local nature,
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.
[renumbered to 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 the General Legislature [Parliament].

[16] 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

38 After the Union the Local Legislatures shall have power to alter or amend their Constitution from time to time. [Note  [25]]

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. [Note [26]]

18153

5

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.

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.

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.

[32] That [The General Government shall appoint] the Judges of the [superior] Courts of Record in each Province shall be appointed and paid by the General Government, and their salaries shall be fixed by the General Legislature [and of the County Courts of Upper Canada, and Parliament shall fix their salaries].

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

[35] 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 the General Legislature [Parliament].

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. [Note  [27]]

18154

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

[41 ½] That both the English and French languages may be employed in the General Legislature and in its proceedings, and [illegible] in the Local Legislature of Lower Canada, and in the Federal and Local Courts of Lower Canada. [Note  [28]]

[42] That no lands or property belonging to the General or Local Government shall be liable to taxation.

[renumbered to 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 to 44] 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.

[renumbered to 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 to 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.

[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 Confederate[d] Province[s] shall be Ottawa, subject to the Royal Prerogative.

[renumbered to 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 to 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, 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;

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

[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. [Note  [29]]

[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. [Note  [30]]

[renumbered to 52] 2. The several Provinces shall remain each vested with all [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. [Note  [31]]

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

[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.

[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 is 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.

[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.

[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.

[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.

[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.

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

[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. [Note  [32]]


[1] This “working draft” features provisions that were tabled in committee up to October 26th 1864. We also know from A.A. Macdonald’s (PEI) account that the conference adjourned at midnight on October 26th 1864. I dated this document October 26th and 27th reflecting the likelihood that John A. Macdonald worked on them during the conference on October 26th 1864 and likely into the morning of October 27th 1864. [C.D.]
[2] 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 early drafts of these two resolutions.
[3] Resolutions 26 and 27 in this text were initially a single resolution. The longhand believed to be John A. Macdonald’s separated it and renumbered them into two resolutions.
[4]  As inconsequential a detail it may be, John A. Macdonald here placed a strikethrough all the way over the word “in” and I think this is a mistake. It makes more sense to keep that preposition in the sentence. Here, the strikethrough is reproduced as found on the page.
[5] From “any seat being vacated…” is cut-off on the original page. It is reconstructed by consulting later drafts.
[6] This resolution is written in longhand on a separate piece of paper attached here.
[7] This resolution is also written on a separate piece of paper attached here.
[8] The part “willing to serve” in resolution numbered 13 connects with “such members shall be appointed” at this exact point.
[9] This resolution is in longhand on a separate piece of paper “taped” at bottom of page.
[10] The beginning of this passage is physically cut-off from the original page.
[11] The following provision is found written in longhand in the margin on the righthand side.
[12] The following provision is also found written in the margin on the righthand side.
[13] The following provision is found written in longhand in the margin on the righthand side.
[14] This provision is physically cut-off and placed at this exact point.
[15] This provision is covered by above clipped numbered 33.
[16] This provision is also covered.
[17] This provision is also covered.
[18] This provision is also covered.
[19] This provision is partially covered by above clipped provision numbered 33. There are also additions insertions at the end of this provision, but they are not legible.
[20] This provision is found written in longhand at the bottom of the page.
[21] Provisions numbered 34 to 37 are found physically cut-off and placed here.
[22] Found in longhand at the top of the page.
[23] Found in longhand at the bottom of the page.
[24] This provision is covered by the above provisions which are clipped over it.
[25] This provision is written out in longhand.
[26] This provision is also written out in longhand.
[27] This provision is physically torn-off at the bottom of the page. Some amendments can be partially visible, which suggests that perhaps the damage to the manuscript is not contemporaneous to John A. Macdonald’s collage.
[28] This provision is inserted in longhand at this exact point.
[29] The text provided here is reconstructed from later drafts.
[30] This portion is also not legible and reconstructed from later drafts.
[31] This provision is physically cut-off and placed onto this section of the page.
[32] This resolution is physically cut-off and inserted at bottom of this page.

Leave a Reply