Document Information

Date: 1864-10-25 – 1864-10-26
By: John A. Macdonald
Citation: John A. Macdonald, Drafts of the Quebec Resolutions, Resolutions Suggested for Consideration, October 25-26th, 1864 (MG 26 A, Vol. 46, p. 18132).[1]
Other formats: Click here to view the original document (PDF).
Click for our e-book from which the transcription and footnotes come from: Charles Dumais, 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, Second Edition (Calgary: Canadian Constitution Foundation, 2025).
Note: The original text also contains handwritten notes and other marginalia. Click here to view an explanatory document on how we have transcribed handwritten notes from the publication mentioned above (Dumais, Quebec Resolutions, 2025). The footnote numbers (endnotes on our website) may not match because in the book the numbers restart for each page, but on our website, they are continual.

18132

CONFIDENTIAL.

RESOLUTIONS SUGGESTED FOR CONSIDERATION.

RESOLVED,—

1. 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.

2. The House of Common, 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 by Message of the Governor General, during the Session in which such Vote, Resolution, Address or Bill is passed.

3. Any Bill of the General Legislature be reserved in the usual manner for Her Majesty’s Assent, and any Bill of the Local Government, may in like manner be reserved for the consideration of the General Government.

4. 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.

THE JUDICIARY.

5. A sum proportioned to the population of each Province shall be set apart annually out or the general revenue, towards the expense of the administration or Justice in each Province.

6. Out or the sum so set apart for each Province, shall be paid the salaries of the Judges of the Superior Courts in such Province.

7. The number of such Judges shall not be increased except by the concurrent action of the General and Local Legislature.

8. The Judges of the Superior Courts, in each Province, shall be appointed by the General Government, and their salaries shall be fixed by the General Legislation.

9. Lower Canada Judges shall be appointed from the Bar of Lower Canada.

10. Judges of the other Provinces may be appointed from the Bar of any of the said Provinces, except Lower Canada.

11. All Judges of the Superior Court shall hold their office during good behaviour, and shall be removeable only on the address of both Houses of the General Legislature.

12. The General Legislature: shall have power to constitute any other Courts in addition to the Court of Appeal, in case the same shall be found necessary for giving effect to the laws of the General Legislature.

13. 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 practice of all or any of the Courts in these Provinces.

Endnotes

(FROM: Charles Dumais, 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, Second Edition (Calgary: Canadian Constitution Foundation, 2025). )

[1] I have included this document for the similar reason as the previous one in this book. The document above however is striking in that it contains resolutions that we have no record were discussed and obviously rejected at Quebec. This is of course a major topic of interest. Resolutions that were left behind and not adopted are certainly interesting and also relevant for understanding the resolutions the delegates did accept at Quebec. While some of these resolutions were discussed on both October 25^th and 26^th, I believe the document above was tabled on October 25^th and quite possibly discussed on both October 25^th and 26^th. For this reason, I’ve tentatively dated this document on those dates. [C.D.]