London Resolutions: post-conference working draft, version 2 (amalgamated version) (1 January 1867)
Document Information
Date: 1866-12
By: John A. Macdonald
Citation: John A. Macdonald Fonds, Drafts of the London Resolutions – post-conference working draft, version 2 [amalgamated version], December 1866 (MG 26 A, Vol. 47/2, pp. 18554-18701).
Other formats: Click here to view the original document (PDF), (PDF), (PDF), (PDF), (PDF), (PDF), (PDF), & (PDF).
Notes: The following version is an amalgamation of eight documents John A. Macdonald’s copy (18572-18590); copy 1 (18554-18571); copy 2 (18591-18609); copy 3 (18610-18625); Alexander Galt’s copy (18626-18644); Jonathan McCully’s copy (18645-18663); copy 6 (18664-18682); and, Johnson’s (18683-18701). [click to access the originals rather than this amalgamated version]. These documents have been amalgamated for use in Michael Scott & Charles Dumais, Book in Progress: The British North America Act (2025). All endnotes are from the Book in Progress and are tentative until the book is published. For more information on this publication in progress, click HERE.
18683[1]
[Jany 1 – 1866][2]
Confidential.
RESOLUTIONS
ADOPTED AT A
Conference of Delegates from the Provinces of Canada,
Nova Scotia, and New Brunswick,
HELD AT
THE WESTMINSTER PALACE HOTEL, LONDON
ON THE
FOURTH DAY[3] OF DECEMBER
ONE THOUSAND EIGHT HUNDRED AND SIXTY SIX.
[present in preamble][4] 1. 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.
[present in preamble][5] [in Secn 82][6] 2. In the Confederation 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, is 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 and New Brunswick, charged with the control of local matters in their respective sections, provision being made for the admission into the Confederation, on equitable terms, of Newfoundland, Prince Edward Island, the North West Territory, and British Columbia.[7]
[illegible 82]
[15]
[29—]
[32, 33, 34, 35]
[illegible] [37-40]
[43 46]
[Letter part of 50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
66][8]
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[present in preamble][9] 3. In framing a Constitution for the General Government, the Conference, with a view to the perpetuation of the connection with the mother country, and the promotion of the best interests of the people of these Provinces, desire to follow the model of the British Constitution, so far as circumstances will permit.
[Secn 7
Preamble][10] 4. 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 of the Sovereign duly authorized.
[Secn 8
[illegible] 7][11] 5. The Sovereign shall be Commander-in-Chief of the Land and Naval Militia Forces.
[Sec 10]
[illegible][12] 6. There shall be a General Legislature or Parliament for the Confederation, composed of the Sovereign, a Legislative Council, and a House of Commons.
[Secn 11
R. 9][13] 7. For the purpose of forming the Legislative Council, the Confederation shall be considered as consisting of three divisions:—
First—Upper Canada,
Second—Lower Canada, and;
Third—Nova Scotia and New Brunswick.
Each division with an equal representation in the Legislative Council.[14]
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3
[Secn 12
R][15] 8. Upper Canada shall be represented in the Legislative Council by twenty-four Members, Lower Canada by twenty-four Members, and the Maritime Provinces by twenty-four Members, of which Nova Scotia shall have twelve and New Brunswick Twelve Members.[16]
[Secn. 82][17] 9. The Colony of Prince Edward Island, when admitted into the Confederation, shall be entitled to a representation of four Members in the Legislative Council. But in such case the Members allotted to Nova Scotia and New Brunswick shall be diminished to ten each, such diminution to take place in each Province as vacancies occur. [omitted][18]
[Secn 82][19] 10. The Colony of Newfoundland, when admitted into the Confederation, shall be entitled to a representation in the Legislative Cornell of four Members.
[Secn 82][20] 11. The North West Territory and British Columbia shall be admitted into the Union on such terms and conditions as the Parliament of the Confederation shall deem equitable, and as shall receive the assent of the Sovereign, and in case of the Province of British Columbia, as shall be agreed to by the Legislature of such Province.
[Secn 13][21]
[Sec 19][22]
[Sen 20][23] 12. The Members of the Legislative Council shall be appointed by the Crown under the Great Seal of the General Government, from among residents of the Province for which they are severally appointed, and shall hold office during life. If any Legislative Councillor shall for two consecutive Sessions of Parliament fail to give his attendance in the said Council, his seat shall thereby become vacant.
18686
4
[Secn 14][24] 13. The Members of the Legislative Council shall be British subjects by birth or naturalization, of the full age of thirty years, shall each possess in the Province for which they are appointed, 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, and shall possess a continuous residence in the Province for which they are appointed, except in the case of persons holding official positions which require their attendance at the seat of Government pending their tenure of office.
[Secn 24][25] 14. If any question shall arise as to the qualification of a Legislative Councillor, the same shall be determined by the Legislative Council.[26]
[not to go in Bill][27] 15. The Members of the Legislative Council for the Confederation, shall, in the first instance, be appointed upon the nomination of the Executive Governments of Canada, Nova Scotia, and New Brunswick, respectively, and the number allotted to each Province shall be nominated from the Legislative Councils of the different Provinces, due regard being had to the fair representation of both political parties, but in case any Member of the Local Council so nominated shall decline to accept, it shall be competent for the Executive Government in any Province to nominate in his place a person who is not a Member of the Local Council.[28]
[In Secn 24][29] 16. The Speaker of the Legislative Council (unless otherwise provided by Parliament) shall be appointed by the Crown from among the Members
18687
5
[Secn 27][30] of the Legislative Council, and shall hold office during pleasure, and shall only be entitled to a casting vote on an equality of votes.
[Secn 15][31] 17. Each of the twenty-four Legislative Councillors representing Lower Canada in the Legislative Council of the General Legislature, shall be appointed to represent one of the twenty-four electoral divisions mentioned in schedule A of chapter first of the Consolidated Statutes of Canada, and such Councillor shall reside or possess his qualification in the division he is appointed to represent.[32]
[Secn 29][33] 18. The basis of representation in the House of Commons shall be population, as determined by the official census every ten years, and the number of Members at first shall be one hundred and eighty-one, distributed as follows:—
Upper Canada Eighty-two.
Lower Canada Sixty-five.
Nova Scotia Nineteen.
New Brunswick Fifteen.
[82
65
19
15
—-
18][34]
[34][35]
[not required] 19. Until the first General Election after the [an] official census of One thousand eight hundred and seventy-one has been made up [taken], there shall be no change in the number of representatives from the several sections.[36]
20. Immediately after the completion of the census of One thousand eight hundred and seventy-one, and immediately after every decennial census thereafter, the representation from each Province in the House of Commons shall be
18688
6
[Secn 34][37]
readjusted on the basis of population, such readjustment to take effect upon the termination of the then existing Parliament.
21. For the purpose of such readjustments, Lower Canada shall always be assigned sixty-five Members, and each of the other Provinces shall, at each 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 last taken by having sixty-five Members.[38]
22. No reduction shall be made in the number of Members returned by any Province, unless its population shall have decreased relatively to the population of the whole Union to the extent of five per centum.[39]
23. In computing at each decennial period the number of Members to which each Province 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.[40]
[Secn 35][41] 24. The number of Members may at any time be increased by the General Parliament, regard being had to the proportionate rights then existing.[42]
[Secn 41][43] 25. Until provisions are made by the General Parliament, all the laws which at the date of the Proclamation constituting the Union are in force in the Provinces respectively relating to the qualification and disqualification of any person to
18689
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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 their powers and duties, 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 relating to the vacating of seats of Members, and to the issuing and execution of new writs in case of any seat being vacated otherwise than by a dissolution, shall respectively apply to elections of Members to serve in the [first] House of Commons of [for] places situate in those Provinces respectively. [and Elections may be held for the federal + local Parliament simultaneously is considered desirable.][44]
[Secn 36][45] 26. Every 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 prorouged[46] or dissolved by the Governor-General.
[[illegible] Secn 14][47] 27. There shall be a Session of the General Parliament once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting of the General Parliament in one Session and the first sitting thereof in the next Session.[48]
[Secn 32][49] 28. The General Parliament shall have power to make laws for the peace, welfare, and good government of the Confederation (saving the Sovereignty of England), and especially laws respecting the following subjects:—[50]
18690
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1. The public debt and property.
2. The regulation of trade and commerce.
3. The raising of money by all or any mode or system of taxation.
4. The borrowing of money on the public credit.
5. Postal service.
6. Lines of steam or other ships, railways, canals, and other works connecting any two or more of the Provinces together, or extending beyond the limits of any Province.
7. Lines of steamships between the Confederated Provinces and other countries.
8. Telegraphic communication and the incorporation of Telegraph Companies.
9. 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.
10. The census and statistics.
11. Militia, military and naval service, and defence.
12. Beacons, buoys, light-houses, and Sable Island.
13. Navigation and shipping.
14. Quarantine.
15. Sea coast and inland fisheries.
16. Ferries between any Province and a foreign country, or between any two Provinces.
17. Currency and coinage.
18. Banking: Incorporation of Banks, and the issue of paper money.
19. Savings Banks.
20. Weights and measures.
21. Bills of exchange and promissory notes.
22. Interest.
18691
9
23. Legal tender.
24. Bankruptcy and Insolvency.
25. Patents of Invention and Discovery.
26. Copyrights.
27. Indians, and land reserved for the Indians.
28. Naturalization and Aliens.
29. Marriage and Divorce.
30. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the procedure in criminal matters.
31. The establishment, maintenance and management of Penitentiaries.
[Sub 35][51] 32. Rendering uniform all or any of the laws relative to property and civil rights in Upper Canada, Nova Scotia, and New Brunswick, and rendering uniform the procedure of all or any of the Courts in these provinces; but any Statute for this purpose shall have no force or authority in any Province until sanctioned by the Legislature thereof, and the power of repealing, amending, or altering such Laws, shall [t]henceforward[52] remain with the General Parliament only.
33. The establishment of a General Court of Appeal for the Confederation.
34. Immigration.
35. Agriculture.
[Secn 52][53] 36. And generally respecting all matters of a general character, not specially and exclusively reserved for the Local Legislatures.
[No Secn][54] [2y][55] 29. The General Government and Parliament shall have all powers necessary or proper for performing the obligations of the Confederation as part of the British Empire to Foreign Countries,[56]
18692
10
arising under Treaties between Great Britain and such Countries.
[Secn 53][57] 30. The powers and privileges of the House of Commons of the United Kingdom of Great Britain and Ireland shall be held to appertain to the House of Commons of the Confederation, and the powers and privileges appertaining to the House of Lords in its legislative capacity, shall be held to appertain to the Legislative Council.
[Secn 79][58] 31. The General[59] Parliament may from time to time [provide for the constitution, maintenance and organization of a General Court of Appeal, and may][60] establish additional Courts [and may provide for the constitution][61], and the General Government [of Canada][62] may appoint Judges and Officers thereof, when the same shall appear necessary, or for the public advantage, in order to the due execution of the Laws of such[63] Parliament.
[No Secn][64] [2y][65] 32. All Courts, Judges, and Officers of the several Provinces shall aid, assist, and obey the General Government [of Canada] in the exercise of its rights and powers, and for such purposes shall be held to be Courts, Judges and Officers of the General Government [of government].[66]
[[illegible] Secn 52 [illegible]][67] [2y][68] 33. The General Government shall appoint and pay the salaries of the Judges of the Superior and District and County Courts in each Province, and Parliament shall fix their salaries.
[No Secn][69] [2y][70] 34. Until the consolidation of the Laws of Upper Canada, Nova Scotia and New Brunswick, the Judges of these Provinces, appointed by the General Government, shall be selected from their respective Bars.[71]
[No Secn][72] [2y][73] 35. The Judges of the Courts of Lower Canada shall be selected from the Bar of Lower Canada.[74]
18693
11
[Secn 52
Sub Secn 36][75] 36. The Judges of the Court of Admiralty shall be paid by the General Government.
[No Secn][76] [2y][77] [[illegible] as to the Parl + Co. Courts][78] 37. The Judges of the Superior Courts shall hold their offices during good behaviour, and shall be removable on the address of both Houses of Parliament.
[Secn 64
+ 63][79] 38. For each of the Provinces there shall be an Executive Officer styled the Governor, who shall be appointed by the Governor General in Council, under the Great Seal of the Confederation 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 Governor immediately after the exercise of the pleasure as aforesaid, and also by message to both Houses of Parliament, within the first week of the first Session afterwards; but the appointment of the first Governors shall be provisional, and they shall hold office strictly during pleasure.
[Secn 65][80] 39. The Governor of each Province shall be paid by the General Government.
[No Secn][81] 40. The Local Government and Legislature of each Province [[illegible] by this [illegible] shall continue on at present [illegible] the Leg. of each shall [illegible]][82] shall be constructed in such manner as the Legislature of each such Province shall provide.
41. The Local Legislatures shall have power to make laws respecting the following subjects:—
1. The altering or amending their Constitution from time to time.
2. Direct taxation, and, in the case of New Brunswick, the right of levying timber dues by the mode and to the extent now
18694
12
established by law, provided such timber be not the produce of the other Provinces.
3. Borrowing money on the credit of the Province.
4. The establishment and tenure of Local offices, and the appointment and payment of Local officers.
[In Secn 80
Sub Sec 1 + 2][83] 5. Agriculture.
6. Immigration.
[In Secn 80
Sub Sec 1 + 2
all classes
Secn 67
Sub Secn 1 + 3
Sub Secn 4][84] 7. 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. 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 Government, 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.
8. The sale and management of public lands, excepting lands belonging to the General Government.
9. The establishment, maintenance, and management of public and reformatory prisons.
10. The establishment, maintenance, and management of Hospitals, Asylums, Charities and Eleemosynary Institutions, except Marine Hospitals.
11. Municipal Institutions.
18695
13
12. Shop, Saloon, Tavern, Auctioneer, and other licenses for Local Revenue.
13. Local works.
14. The Incorporation of Private or Local Companies, except such as relate to matters assigned to the General Parliament.
[S22 Sub secn 13][85] 15. Property and civil rights (including the solemnization of marriage) excepting portions thereof assigned to the General Parliament.
16. Inflicting punishment by fine, penalties, imprisonment or otherwise, for the breach of laws passed in relation to any subject within their jurisdiction.
17. The administration of Justice, including the constitution, maintenance, and organization of the Courts, both of Civil and Criminal jurisdiction, including also the procedure in civil matters.
18. And generally all matters of a Private or Local Nature not assigned to the General Parliament.
[Secn 67
Sub Sec 2][86] 42. 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.
[No Secn][87] 43. The power of respiting, reprieving, and pardoning prisoners convicted of crimes, and of commuting and remitting of sentences in whole or in part which belongs of right to the Crown, shall, except in capital cases, be administered by the Governor of each Province in Council, subject to any instructions he may from time to time receive from the General Government, and subject
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to any provisions that may be made in this behalf by the General Parliament.
[Secn 37][88] 44. In regard to all subjects over which jurisdiction belongs to both the General and Local Legislatures, the Laws of the General Parliament shall control and supersede those made by the Local Legislature, and the latter shall be void so far as they are repugnant to, or inconsistent with the former.
[Secn 81][89] 45. Both the English and French languages may be employed in the General Parliament, and in its proceedings, and in the Local Legislature of Lower Canada, and also in the Federal Courts, and in the Courts of Lower Canada.
[No Secn][90] 46. No lands or property belonging to the General or Local Governments shall be liable to taxation.
[Secn 46][91] 47. 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.] [out][92]
[Secn 47][93] 48. The House of Commons (or House of Assembly),[94] 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.
18697
15
[Secn 41][95] 49. 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.
[Secn 49][96]
[No section][97] 50. 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.
[No Section][98] 51. The seat of Government of the Confederation shall be Ottawa, subject to the Royal Prerogative.
[No Section][99] 52. 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.[100]
[No Secn][101] 53. All stocks, cash, bankers’ balances, and securities for money belon[g]ing[102] to each Province at the time of the Union, except as hereinafter mentioned, shall belong to the General Government. [be the property of Canada][103]
[No Secn][104] 54. The following Public Works and Property of each Province shall belong to the General Government, [be the property of Canada] to wit:—[105]
1. Canals.
[illegible comments in column and underneath][106]
18698
16[107]
2. Public harbours.
3. Light-houses and piers, and Sable Island.
4. Steamboats, dredges, and public vessels.
5. Rivers and lake improvements.
6. Railways and railway stocks, mortgages, and other debts due by railway companies.
7. Military roads.
8. Custom-houses, post offices, and all other public buildings, except such as may be set aside by the General [the] Government [of Canada] for the use of the Local Legislatures and Governments.[108]
9. Property transferred by the Imperial Government, and known as Ordnance property.
10. Armouries, drill sheds, military clothing, and munitions of war, and lands set apart for general public purposes.
[No Secn][109] 55. All lands, mines, minerals, and royalties vested in Her Majesty in the Provinces of Upper Canada, Lower Canada, [Ontario, Quebec] Nova Scotia, and New Brunswick, for the use of such Provinces, shall belong to the Local Government of the territory [several Provinces] 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.[110]
[No Secn][111] 56. 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 Government [several Provinces].[112]
[No Secn][113] 57. All assets connected with such portions of the Public Debt of any Province as are assumed by the Local Governments [such Provinces] [the Provinces], shall also belong to those Governments respectively [such Provinces]. [x to follow 60][114]
18699
17[115]
[No Secn][116] 58. The several Provinces shall retain all other public property therein subject to the right of the General Government [Canada] to assume any lands or public property required for fortifications or [for] the defence of the country.[117]
[No Secn][118] 59. The General Government [Canada] shall assume the debts and liabilities of each province [existing at the time of the Union].[119]
[No Secn][120] 60. The debt of Canada not specially assumed by Upper and Lower Canada respectively, shall not exceed at the time of the Union sixty-two million five hundred thousand dollars; Nova Scotia shall enter the Union with a debt not exceeding eight million dollars, and New Brunswick with a debt not exceeding seven million dollars. But 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. [attach][121] [?][122]
[of liabilities and [illegible]]
[the Provinces of Ontario Quebec]
[The Debt of the Provinces of Ontario and Quebec conjointly representing the Province of Canada as now [illegible] shall]
[illegible][123]
[No Secn][124] 61. In case Nova Scotia or New Brunswick should not have [not] contracted debts at the date of Union equal to the amount with which they are respectively entitled to enter the Confederation [as hereinafter provided] they shall receive by half-yearly payments in advance from the General Government [of Canada], the interest at five per cent, on the difference between the actual amount of their respective debts and such stipulated amounts.[125]
[No Secn][126] 62. In consideration of the transfer to the General Parliament of the powers of taxation, the following sums shall be paid by the General
18700
18[127]
Government [Canada] to each Province for the support of their Local Governments and Legislatures :—
Upper Canada [Ontario] $80,000
Lower Canada [Quebec] 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 One thousand eight hundred and sixty-one, and in the case of Nova Scotia and New Brunswick, by each subsequent decimal [decennial] Census until the population of each of those Provinces shall amount to four hundred thousand souls, at which rate it shall thereafter remain. Such aid shall be in full settlement of all future demands upon the General Government [Canada] for local purposes, and shall be paid half-yearly in advance to each Province; but the General Government [of Canada] shall deduct from such subsidy all sums paid as interest on the Public Debt of any Province in excess of the amount provided under the Sixtieth Resolution. [Clause ?][128]
[No Secn][129] 63. The position of New Brunswick [shall receive by half-yearly payments in advance from Canada] 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 [time of] the Union takes effect, an additional allowance of sixty-three thousand dollars per annum shall be made to that Province. But that so long as the liability [Public Debt] of that Province remains under seven millions of dollars, a deduction equal to the interest [at five per centum] on such deficiency shall be made from the [said sum of] sixty-three thousand dollars.[130]
[illegible at the bottom of the page][131]
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[No Secn][132] 64. All engagements that may, before the Union, be entered into with the Imperial Government for the defence of the country shall be assumed by the General Government.[133]
[In Secn 83][134] 65. 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, and that the Imperial guarantee for three millions of pounds sterling pledged for this work be applied thereto, so soon as the necessary authority has been obtained from the Imperial Parliament.
[No Secn][135] 66. The communications with the North Western Territory, and the improvements required for the development of the trade of the Great West with the Seaboard, are regarded by this Conference as subjects of the highest importance to the Confederation, and shall be prosecuted at the earliest possible period that the state of the Finances will permit.
67. The sanction of the Imperial Parliament shall be sought for the Union of the Provinces on the principle adopted by this Conference.
68. That Her Majesty the Queen be solicited to determine the rank and name of the Confederation.
69. That a copy of these Resolutions signed by the Chairman and Secretary of the Conference be transmitted to the Right Honourable the Secretary of State for the Colonies.
Endnotes
[1] This draft contains the final version of the London Resolutions with markups. As we see in the first clause, the markup says, “present in preamble.” We can make some assumptions that this draft was either a companion to an early draft ensuring that the elements agreed to were inserted into the British North America Act, or likewise, a review exercise after an early draft to ensure there were no missing elements from the agreement at London. There are numerous checkmarks beside the clauses indicating they were probably consulted seriatim For the checkmarks, please consult the original documents.. There are also markups to the wording itself, perhaps early versions of British North America Act wording, which have been reproduced here and noted as to which copy they stem from.
The draft chosen for the base text belongs to John Mercer Johnson. It has been chosen in this volume as the base text because it contains the entirety of the text without markups. All markups are from the other versions of this draft and markups have been noted to their corresponding draft. There are 8 copies of this draft—John A. Macdonald’s copy (18572-18590); copy 1 (18554-18571); copy 2 (18591-18609); copy 3 (18610-18625); Alexander Galt’s copy (18626-18644); Jonathan McCully’s copy (18645-18663); copy 6 (18664-18682); and, as aforementioned, Johnson’s (18683-18701).
Interestingly, Galt’s draft is full of amendments in the financial clauses of the draft, but missing any amendments elsewhere, which reveal his leading role in the drafting of these clauses. These amendments are only found on Galt’s copy, and perhaps were undertaken by Galt alone.
[2] Found in McCully’s copy (18645-18663), under his name at the top of the document. This seems to date the document at January 1, 1867 with McCully writing the previous year, incorrectly. It would make no sense that he would have a copy of the London Resolutions almost a year before they were drafted unless he were a time traveller.
[3] In copy 18645-18663, there is an illegible note, which may say “24 Decr.”
[4] This note is found in MG26 A 18572-18590 and 18664-18682 (where it reads “preamble”).
[5] This note is found in MG26 A 18572-18590.
[6] Found in 18664-18682.
[7] Underlined in 18664-18682.
[8] Note found on the back of page 1 in 18664-18682.
[9] This note is found in MG26 A 18572-18590 and 18664-18682 (where it reads “preamble”).
[10] Found in 18664-18682. Unsure if the word crossed out is preamble.
[11] Found in 18664-18682.
[12] Found in 18664-18682.
[13] Found in 18664-18682.
[14] Clause 7 is cut out from MG26 A 18572-18590.
[15] Found in 18664-18682.
[16] Clause 8 is cut out from MG26 A 18572-18590.
[17] Found in 18664-18682.
[18] Found in 18645-18663.
[19] Found in 18664-18682.
[20] Found in 18664-18682.
[21] Found in 18664-18682. Section 13 encapsulates the start of the clause until “for which they are.”
[22] Found in 18664-18682. Section 19 encapsulates “severally appointed, and shall hold office during life. If any Legislative Councillor shall for two.”
[23] Found in 18664-18682 Section 20 encapsulates the rest. View the original document for more clarity.
[24] Found in 18664-18682
[25] Found in 18664-18682
[26] Clause 14 is cut out from MG26 A 18572-18590 (Macdonald’s copy). The cut out is pasted into John A. Macdonald’s “first working draft, rough version,” (18728-18736) a draft of the British North America Act, found in this volume.
[27] Found in 18591-18609. In 18664-18682 it reads “not embraced in the Act.”
[28] From “…the Local Council so nominated shall decline to accept…” until the end of the clause are bracketed with an illegible note in 18664-18682. Please consult the original document.
[29] Found in 18664-18682.
[30] Found in 18664-18682. There is a bracket around the line “casting vote on an equality of votes.”
[31] Found in 18664-18682.
[32] Clause 17 is cut out from MG26 A 18572-18590 (Macdonald’s copy). The cut out is pasted into John A. Macdonald’s “first working draft, rough version,” (18728-18736) a draft of the British North America Act, found in this volume.
[33] Found in 18664-18682.
[34] This tally is found in MG26 A 18572-18590.
[35] Found in 18664-18682. “34” seems to encapsulate sections 19 and 20 which has a line linking them to the margin note.
[36] These amendments are found in MG26 A 18572-18590.
[37] This continues the theme from the last page. This copy also has a bracket around sections 20-23 indicating they are part of section 34.
[38] Clause 21 is cut out from MG26 A 18572-18590. Amendments found in clause 25 are found in 18645-18663.
[39] Clause 22 is cut out from MG26 A 18572-18590.
[40] Clause 23 is cut out from MG26 A 18572-18590.
[41] Found in 18664-18682.
[42] Clause 24 is cut out from MG26 A 18572-18590.
[43] Found in 18664-18682.
[44] Amendments found in clause 25 are found in 18645-18663. Clause 25 is cut out from MG26 A 18572-18590.
[45] Found in 18664-18682.
[46] Mistake is underlined in 18645-18663.
[47] Found in 18664-18682.
[48] “Sitting” is underlined in two instances in 18645-18663.
[49] Found in 18664-18682.
[50] There are numerous checkmarks and x marks found in 18664-18682 for the subsections. Please consult original.
[51] Found in 18664-18682.
[52] Found in 18645-18663.
[53] Found in 18664-18682.
[54] Found in 18664-18682.
[55] Found in (18591-18609).
[56] The portion of clause 29 on page 9 is missing in copy 18610-18625.
[57] Found in 18664-18682.
[58] Found in 18664-18682.
[59] This amendment is MG26-A, Vol. 47/2, 18591-18609 and 18610-18625.
[60] This amendment is found in 18610-18625.
[61] This amendment is found in 18591-18609.
[62] This amendment is found in 18610-18625.
[63] This amendment is found in 18610-18625.
[64] Found in 18664-18682.
[65] Found in (18591-18609).
[66] All amendments are found in 18610-18625.
[67] Found in 18664-18682.
[68] Found in (18591-18609).
[69] Found in 18664-18682.
[70] Found in (18591-18609).
[71] Missing in 18610-18625.
[72] Found in 18664-18682.
[73] Found in (18591-18609).
[74] Missing in 18610-18625.
[75] Found in 18664-18682.
[76] Found in 18664-18682.
[77] Found in (18591-18609).
[78] Found in 18645-18663.
[79] Found in 18664-18682.
[80] Found in 18664-18682.
[81] Found in 18664-18682.
[82] Found in 18645-18663.
[83] Found in 18664-18682. This seems to encapsulate 5 and 6.
[84] Found in 18664-18682. Subsection 4 seems to encapsulate the end of the clause. Please consult the original.
[85] Found in 18664-18682.
[86] Found in 18664-18682.
[87] Found in 18664-18682.
[88] Found in 18664-18682.
[89] Found in 18664-18682.
[90] Found in 18664-18682.
[91] Found in 18664-18682.
[92] The brackets around “or House of Assembly…” with the word “out” are found in 18664-18682.
[93] Found in 18664-18682.
[94] The brackets are found in 18664-18682.
[95] Found in 18664-18682.
[96] Found in 18664-18682. This refers to the top part ending at “…the said Provinces hitherto…”
[97] Found in 18664-18682. This refers to the rest of the clause.
[98] Found in 18664-18682.
[99] Found in 18664-18682.
[100] The words “shall be as at present” are cut off in copy 18610-18625.
[101] Found in 18664-18682.
[102] Corrected in 18645-18663.
[103] Amendments to this clause are found in copy 18626-18644. This clause is missing from 18610-18625.
[104] Found in 18664-18682.
[105] Amendments to this clause are found in copy 18626-18644. This clause is missing from 18610-18625.
[106] This note is found in copy 18626-18644.
[107] This page is missing in copy MG26-A, Vol. 47/2, 18554-18571 and 18610-18625.
[108] Amendments to this clause are found in copy 18626-18644.
[109] Found in 18664-18682.
[110] Amendments to this clause are found in copy 18626-18644. In 18645-18663, “territory” is underlined and the word “pro” beside it, indicating province.
[111] Found in 18664-18682.
[112] Amendments to this clause are found in copy 18626-18644.
[113] Found in 18664-18682.
[114] Amendments to this clause are found in copy 18626-18644.
[115] This page is missing in 18610-18625.
[116] Found in 18664-18682.
[117] This page is missing in 18610-18625.
[118] Found in 18664-18682.
[119] This page is missing in 18610-18625.
[120] Found in 18664-18682.
[121] This page is missing in 18610-18625.
[122] The question mark beside this clause is found in 18645-18663.
[123] These longhand notes are found in 18610-18625.
[124] Found in 18664-18682.
[125] Amendments to this clause are found in copy 18626-18644.
[126] Found in 18664-18682.
[127] This page is missing in 18610-18625.
[128] Amendments to this clause are found in copy 18626-18644. However, the correction “decennial” is also found in 18645-18663.
[129] Found in 18664-18682.
[130] Amendments to this clause are found in copy 18626-18644.
[131] This note is found in 18626-18644.
[132] Found in 18664-18682.
[133] Amendments to this clause are found in copy 18626-18644.
[134] Found in 18664-18682.
[135] Found in 18664-18682.