Document Information

Date: 1866-07-13
By: Colonial Office (UK)
Citation: Memorandum, Colonial Office, North American Confederation (July 13, 1866), London (UK), The National Archives (CO 880/4/4).
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Printed for the use of the Colonial Office. July 13, 1866.

CONFIDENTIAL.

North American Confederation.

IT is expected that before the end of this month Delegates from the North American Provinces will arrive in England to settle with the Government a scheme of Confederation.

For this, Imperial legislation is necessary. It is impossible to pass a measure before the arrival of the Delegates, the matter involving important and disputable details. It is impossible to pass a measure after their arrival, for there will not be time. Yet it is desirable, if possible, not to lose the opportunity of effecting the consolidation of British North America while the Colonies are in a mind for it.

It is for consideration· whether a Bill should ‘not be introduced laying down certain outlines on which no question is likely to arise, and authorizing Her Majesty, within these outlines, to settle details by Letters Patent, to be confirmed by an Order in Council. It must not be disguised, however, that this is to enable Her Majesty, by a sovereign act, to abolish and reconstitute the Government and Legislature of the most important group of the British Colonies.

But the necessity, in the present state of affairs, of not losing the opportunity of effecting such an object, may induce Parliament to entrust this very large and, as regards the more important Colonies, unusual power to the Government.

It is proposed that the Act should take one of the two following forms:—

1. Either it would, first, definitively enact certain very general principles (e.g. Houses of Parliament, Judges, &c.) which constitute the foundation of the measure, and on which there has been and can be no controversy; secondly, would give power to the Government, after consultation with the North American Delegates to determine the details necessary for giving effect to such principles, such details to be brought into operation by the Order in Council having the force of an Act of Parliament.

II. Or it might give power to the Government, after consultation with the Delegates, to determine the entire scheme, and to bring it into effect by Order in Council, provided that the general principles alluded to form part of the Order in Council.

In either case the Government will be responsible for the adjustment of’ details; but under the latter alternative an apparent increase of responsibility will be thrown upon I them.

It must be added that the details thus left to Government will embrace several open questions of the highest importance, such as the constitution of the Legislative Council, whether nominated or elective, and the distribution of power between the general and local Legislatures.

The further question of a guarantee, agreed to by the late Government, will, I am afraid, form an inseparable part of the terms to be made with the North American Delegates.

C.

Colonial Office,
July 13, 1866.