Document Information

Date: 1864-10-10 – 1864-10-29
By: Hewitt Bernard
Citation: Joseph Pope (ed), Confederation: Being a Series of Hitherto Unpublished Documents Bearing on the British North America Act (Toronto: Carswell Co. Ltd., 1895) at 1-37.
Other formats: Click here to view the original document (PDF).
Notes: New formatting of the text and some endnotes are from Charles Dumais, The Quebec Resolutions: Including Several Never-Published Preliminary Drafts by George Brown and John A. Macdonald, and a Collection of all Previously-Published Primary Documents Relating to the Conference (CCF, 2021). All original footnotes from Pope’s work (op. cit) are denoted with [Pope].

Minutes of the Proceedings in Conference of the Delegates from the Provinces of British North America.

October 1864.

Conference Chamber.

Parliament House.

Monday, 10th October 1864.

The following gentlemen assembled at the Conference Chamber in the Parliament House, Quebec, on Monday, the tenth day of October, 1864, at the hour of eleven o’clock in the forenoon:—

The Honourable Sir E. P. TACHÉ, M.L.C., Receiver-General and Minister of Militia of Canada.
The Honourable JOHN ALEXANDER MACDONALD, M.P., Attorney-General of Upper Canada.
The Honourable GEORGE ETIENNE CARTIER, M.P., Attorney-General of Lower Canada.
The Honourable GEORGE BROWN, M.P., President of the Executive Council of Canada.
The Honourable OLIVER MOWAT, M.P., Postmaster-General of Canada.
The Honourable ALEXANDER T. GALT, M.P., Minister of Finance of Canada.
The Honourable WILLIAM MCDOUGALL, M.P., Provincial Secretary of Canada.
The Honourable T. D’ARCY McGEE, M.P., Minister of Agriculture of Canada.
The Honourable ALEXANDER CAMPBELL, M.L.C., Commissioner of Crown Lands.
The Honourable J. C. CHAPAIS, M.P., Commissioner of Public Works.
The Honourable H. L. LANGEVIN, M.P., Solicitor-General of Lower Canada.
The Honourable JAMES COCKBURN, M.P., Solicitor-General of Upper Canada.

Sir Etienne Taché stated that the several gentlemen representing the Province of Canada were Members of the Executive Council of Canada.

Sir Etienne Taché laid before the Conference a despatch dated 3rd October, 1864, from His Excellency Sir Richard Graves MacDonnell, K.C.B., Lieutenant-Governor of Nova Scotia, to His Excellency The Governor-General of Canada, stating that he had appointed the following gentlemen to form a deputation to meet the delegates in Conference in Quebec, viz.:—

The Honourable CHARLES TUPPER, M.P., Provincial Secretary of Nova Scotia.
The Honourable WILLIAM A. HENRY, M.P., Attorney-General of Nova Scotia.
The Honourable R B. DICKEY, M.L.C.
The Honourable JONATHAN McCULLY, M.L.C., and
The Honourable ADAMS G. ARCHIBALD, Esquire, M.P.

The Honourable Charles Tupper then laid before the Conference an instrument under the hand and seal at arms of His Excellency Sir R. G. MacDonnell, Lieutenant-Governor of Nova Scotia, appointing Charles Tupper, William A. Henry, Jonathan McCully, Robert B. Dickey and Adams G. Archibald, to be such delegates.

The Honourable Samuel L. Tilley, Provincial Secretary of New Brunswick, stated that in consequence of the late date at which the despatch of His Excellency the Governor-General of Canada to His Excellency the Honourable Arthur H. Gordon, Lieutenant-Governor of New Brunswick, requesting the appointment of Members of the Conference, had been received, it had been found impossible to forward a formal instrument of delegation or despatch to that effect, but that he was empowered to present the following as delegates from the Province of New Brunswick to the Conference, viz.:—

The Honourable SAMUEL L. TILLEY, M.P., Provincial Secretary of New Brunswick.
The Honourable WILLIAM H. STEEVES, M.L.C. and a Member of the Executive Council.
The Honourable J. M. JOHNSON, M.P., Attorney-General of New Brunswick.
The Honourable P. MITCHELL, M.L.C. and a Member of the Executive Council.
The Honourable E. B. CHANDLER, M.L.C.
Lieut.-Colonel the Honourable JOHN HAMILTON GRAY, M.P.
The Honourable CHARLES FISHER, M.P.

Sir Etienne Taché also laid before the Conference a despatch, dated 6th October, 1864, from His Excellency George Dundas, Esquire, Lieutenant-Governor of Prince Edward Island, to His Excellency the Governor-General of Canada, stating that he had named the following gentlemen to proceed to Quebec, to be present at the Conference on the 10th October instant, viz.:—

Colonel the Honourable JOHN HAMILTON GRAY, M.P., President of the Executive Council of Prince Edward Island.

The Honourable EDWARD PALMER, M.L.C., Attorney-General of Prince Edward Island.
The Honourable WILLIAM H. POPE, M.P., Colonial Secretary of Prince Edward Island.
The Honourable A.A. MACDONALD, M.L.C.
The Honourable GEORGE COLES, M.P.
The Honourable T. HEATH HAVILAND, M.P.
The Honourable EDWARD WHELAN, M.P.

The Conference then stood composed of the following gentlemen:—

CANADA.—The Honourable Sir E. P. TACHÉ, The Honourable JOHN A. MACDONALD, The Honourable G. E. CARTIER, The Honourable GEORGE BROWN, The Honourable OLIVER MOWAT, The Honourable ALEXANDER T. GALT, The Honourable W. MCDOUGALL, The Honourable T. D’ARCY MCGEE, The Honourable ALEX. CAMPBELL, The Honourable J. C. CHAPAIS, The Honourable H. L. LANGEVIN, and the Honourable J. COCKBURN.

NOVA SCOTIA.—The Honourable CHARLES TUPPER, The Honourable WILLIAM A. HENRY, The Honourable JONATHAN MCCULLY, The Honourable ROBERT B. DICKEY, and ADAMS G. ARCHIBALD, Esquire.

NEW BRUNSWICK.—The Honourable SAMUEL L. TILLEY, The Honourable W. H. STEEVES, The Honourable J. M. JOHNSON, The Honourable P. MITCHELL, The Honourable E. B. CHANDLER, Lieut.-Col. The Honourable JOHN H. GRAY, The Honourable CHARLES FISHER.

NEWFOUNDLAND.—The Honourable F. B. T. CARTER, The Honourable AMBROSE SHEA.

PRINCE EDWARD ISLAND.—Col. The Honourable J. H. GRAY, The Honourable E. PALMER, The Honourable W. H. POPE, The Honourable A. A. MACDONALD, The Honourable G. COLES, The Honourable T. H. HAVILAND, The Honourable E. WHELAN.

And the Conference stood accordingly convened.

It was moved by Colonel the Honourable John Hamilton Gray (of Prince Edward Island), seconded by the Honourable Mr. Tilley:—

That the Honourable Sir E. P. Taché be Chairman of the Conference.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

It was moved by the Honourable Mr. Campbell, seconded by the Honourable Mr. McGee:—

That the Provincial Secretaries of each of the Provinces represented at the Conference; and the Honourable Mr. Shea, of Newfoundland, be the Joint Secretaries of the Conference.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald, seconded by the Honourable Mr. Tupper:—

That the sittings of the Conference be held on each day (Sundays excepted) from eleven o’clock in the forenoon to four o’clock in the afternoon.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

It was moved by the Honourable Mr. Palmer, seconded by the Honourable Mr. Dickey:—

That in taking the votes on all questions to be decided by this Conference, except questions of order, each Province or Colony, by whatever number of delegates represented, shall have one vote, and that in voting Canada be considered as two Provinces.

And after debate the further consideration of the same was postponed until tomorrow.

It was moved by the Honourable Mr. John A. Macdonald, seconded by the Honourable Mr. Tilley:—

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.

And during debate,— The hour of four o’clock ensuing, the Chairman declared the Conference continued until tomorrow.

Tuesday, 11th October 1864

The Chairman took the chair at eleven o’clock a.m., when the members were convened.[1] The Honourable Mr. McDougall stated that the Joint Secretaries of the Conference having met, had arrived at the conclusion that, to enable them to give their undisturbed attention to the matters of the Conference, they thought it advisable that an Executive Secretary should be appointed, and that they accordingly recommended that Mr. Hewitt Bernard, Chief Clerk of the Crown Law Department of Upper Canada, should be appointed as such Executive Secretary. And the question of concurrence being then put, the same was resolved in the affirmative.

The Conference resumed the consideration of the motion:—

That in taking the votes on all questions to be decided by this Conference, except questions of order, each Province or Colony, by whatever number of delegates represented, shall have one vote, and that in voting Canada be considered as two Provinces.

And after debate,— The question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald, seconded by the Honourable Mr. Tilley,

That the order of the proceedings in Conference shall be as follows:—
(1) Free individual discussion and suggestion to be allowed.
(2) That all motions and the discussions and votes thereon be in the first place as if in Committee of the Whole.
(3) That after vote put no discussion be allowed.
(4) That each Province may retire for consultation after vote put.
(5) That after the scheme is settled in Committee of the Whole, all the resolutions be reconsidered, as if with Speaker in the chair.
(6) That just before the breaking up of the Conference, the Minutes be carefully gone over and settled, with the view of determining what is to be submitted to the Imperial and Provincial Governments, and what to be published for general information.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

The Conference resumed the further consideration of the motion:—

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.

And after debate,—

The question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. Brown, seconded by Mr. Archibald:—

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 Maritime Provinces, charged with the control of local matters in their respective, sections, provision being made for the admission into the Union on equitable terms of the North-West Territory, British Columbia and Vancouver.

And during debate,—

The hour of four o’clock ensuing, the Chairman declared the Conference continued until tomorrow.

Wednesday, 12th October 1864

The Chairman took the chair at eleven o’clock a. m., when the members were convened.[2]

The Honourable Mr. Carter and the Honourable Mr. Whelan severally rose and stated that they had been unable to attend at the sitting yesterday, but that they cordially supported the resolutions passed on that day, and desired to be considered as having severally voted therefore.

The Chairman laid before the Conference the following letter from Mr. S. P. Day and others, requesting information of the proceedings of the Conference for publication through the press:—

To THE HONOURABLE SIR ETIENNE P. TACHÉ, &, &, &,

Chairman of the Intercolonial Conference.

SIR,—The undersigned, representatives of English and Canadian newspapers, find that it would be impossible for them satisfactorily to discharge their duties if an injunction of secrecy be imposed on the Conference and stringently carried into effect. They therefore beg leave to suggest whether, while the remarks of individual members of your body are kept secret, the propositions made and the treatment they meet with, might not advantageously be made public, and whether such a course would not best accord with the real interests committed to the Conference. Such a kind of compromise between absolute secrecy and unlimited publicity is usually, we believe, observed in cases where an European Congress holds the peace of the world and the fate of nations in its hands.

And we have thought that the British American Conference might perhaps consider this precedent not inapplicable to the present case. Such a course would have the further advantage of preventing ill-founded and mischievous rumours regarding the proceedings from obtaining currency.

We have the honour to be, Sir,
Your very obt. humble servants, S. PHILLIPS DAY,
CHARLES LINDSEY,
B. CHAMBERLIN.

It was resolved,—

That the same be referred to the Secretaries of the Conference to prepare an answer declining the proposition made.

The Conference then resumed the consideration of the motion:—

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 Maritime Provinces, charged with the control of local matters in their respective sections, provision being made for the admission into the Union on equitable terms of the North West Territory, British Columbia and Vancouver.

And after debate,—

The question of concurrence being put thereon, the same was unanimously resolved in the affirmative. The Honourable Mr. Shea rose and suggested that it would tend to the despatch of business before the Conference if the several resolutions intended to be moved were prepared in advance by a committee composed of the delegates of Canada, and it was unanimously resolved:—

That the Conference should adjourn for such purpose.

The Chairman, therefore, declared, the Conference continued until tomorrow morning.

Thursday, 13th October 1864.

The Chairman took the chair at eleven o’clock a.m., when the members were convened.

It was moved by the Honourable Mr. Brown, seconded by the Honourable Mr. Henry:—

That the proposed Union shall at present embrace the following Provinces:

Upper Canada,
Lower Canada,
Nova Scotia,
New Brunswick,
Newfoundland, and
Prince Edward Island.

And after debate,—

The question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. Fisher, seconded by the Honourable Mr. Dickey:—

That the constitution of the General and Local Governments shall be framed upon the British model so far as is consistent with our colonial condition, and with a view to the perpetuation of our connection with the Mother Country.

It was then moved in amendment by the Honourable Mr. Tupper, seconded by the Honourable Mr. Mitchell:—

That while it is the avowed desire of this Conference to perpetuate the connection with the parent state by every means in our power, it is not judicious to fetter our actions by the passage of a resolution of a simple declaratory character, and which may embarrass our action in the selection of the best means of providing for the general and local government of the country.

It was then moved in amendment to the said proposed amendment by the Honourable Mr. Tilley, seconded by Mr. Archibald:—

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.

And after debate,—

The question of concurrence was put thereon, and the Conference divided; and the names of the Provinces were taken down as follows:—

CONTENTS.

Canada 2
New Brunswick 1
Newfoundland 1
4

NON-CONTENTS.

Nova Scotia 1
Prince Edward Island 1
2

The amendment to the amendment accordingly passed in the affirmative.

It was then moved by the Honourable Mr. John A. Macdonald, seconded by Colonel the Honourable John Hamilton Gray, (of Prince Edward Island):—

That there shall be a General Legislature for the Federated Provinces composed of a Legislative Council and Legislative Assembly.

And after debate,—

The question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

The following reply to the letter of Mr. S. P. Day and others was read and ordered to be sent:—

CONFERENCE CHAMBER, PARLIAMENT HOUSE,

OCTOBER 13th, 1864.

GENTLEMEN,—I am desired to inform you that Sir Etienne P. Taché, Chairman of the Conference of Delegates from the several British North American Provinces, has laid before the Conference your letter of the 11th instant, in which you suggest whether, whilst the remarks of individual members of the Conference are kept secret, the propositions made and the treatment they meet with may not be advantageously made public, and whether such a course would not best accord with the real interests committed to the Conference.

I am to say that, whilst the members of the Conference fully appreciate the motives by which you are actuated in your communication, and are equally sensible of the deep interest naturally felt by the people of the several British North American Provinces in the objects of the Conference, they cannot but feel that it is inexpedient, at the present stage of the proceedings, to furnish information which must, of necessity, be incomplete; and that no communication of their proceedings can properly be made until they are enabled definitely to report the issue of their deliberations to the Governments of the respective Provinces.

I have the honour to be, gentlemen,
Your very obedient servant,
For the Secretaries of the Conference,
H. BERNARD,
Executive Secretary.

It was moved by the Honourable Mr. John A. Macdonald, seconded by the Honourable Mr. Mowat:—

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; and 3rd, the four Maritime Provinces, and each division shall be represented in the Legislative Council by an equal number of members.

It was moved in amendment by the Honourable Mr. Tilley, seconded by the Honourable Mr. Dickey:—

And during debate,—

The hour of four o’clock ensuing, the Chairman declared the Conference continued until tomorrow.

Friday, 14th October 1864.

The Chairman took the chair at eleven o’clock a.m., when the members were convened.[3]

The Conference resumed consideration of Mr. Tilley’s amendment to the motion of Mr. John A. Macdonald respecting the composition of the Legislative Council.

And after debate thereon arising, the amendment was by permission of the Conference withdrawn.

It was moved in amendment by the Honourable Mr. Tupper:—

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, and the Island of Newfoundland, to which additional representatives shall be allotted.

And during debate,—

The hour of four o’clock arriving, the Chairman declared the Conference continued until tomorrow.

Saturday, 15th October 1864.

The Chairman took the chair at eleven o’clock a.m., when the members were convened.

It was moved by the Honourable Mr. John A. Macdonald:—

That on and after Monday next the Conference commence its sittings at ten o’clock a.m., and sit until two o’clock p.m., and that it re-assemble at 7.30 p.m., and sit until adjourned on motion.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

The Conference then resumed consideration of the amendment of the Honourable Mr. Tupper to the motion of the Honourable Mr. John A. Macdonald respecting the composition of the Legislative Council.

And after debate,—

It was moved in amendment to the said proposed amendment by the Honourable Mr. Fisher:—[4]

That for the purpose of representation in the Legislative Council, the Confederation shall be divided into three divisions:—Upper Canada, Lower Canada, and the Maritime Provinces, including Newfoundland, and that the apportionment amongst them shall be as follows:—Upper Canada, 30; Lower Canada, 30; Nova Scotia, 10; New Brunswick, 10; Newfoundland, 5; Prince Edward Island, 5.

And during debate,—

And at the hour of half-past two p.m., a motion for adjournment being carried, the Chairman declared the Conference continued until Monday, the 17th instant.

Monday, 17th October 1864.

The Chairman took the chair at ten o’clock a.m., when the members were convened[5]

The resolution passed on the 12th instant was amended to read as follows:—

That in the Federation of the British 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.

The Conference resumed consideration of the amendment of the Honourable Mr. Fisher respecting the constitution of the Legislative Council.

And after debate thereon arising, the amendment was, by permission of the Conference, withdrawn.

The Conference resumed consideration of the amendment of the Honourable Mr. Tupper to the motion of the Honourable Mr. John A. Macdonald respecting the composition of the Legislative Council.

And after debate,—

And the same being amended, the question of concurrence was put thereon, and it was resolved:—

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.

It was moved by the Honourable Mr. John A. Macdonald:—

That Upper Canada 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 10, New Brunswick 10, and Prince Edward Island 4 members.

And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald:—

That the Colony of Newfoundland, having sent a deputation to this Conference, be now invited to enter into the proposed Confederation, with a representation in the Legislative Council of four members.

And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

And the foregoing resolution having been communicated to the Newfoundland delegates, the invitation was accepted, the right being reserved by them to press their claims for an increased representation in the Legislative Council.

And the hour of two o’clock p.m. ensuing, the Chairman declared the Conference continued until half-past seven o’clock in the evening.

And at half-past seven o’clock p.m. the Chairman took the chair, when the members were convened.[6]

It was moved by the Honourable Mr. John A. Macdonald:—

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.

And during debate,—

And at the hour of twelve o’clock noon, a motion for adjournment being carried, the Chairman declared the Conference continued until tomorrow.

Tuesday, 18th October 1864.

The Chairman took the chair at ten o’clock a.m., when the members were convened.

The Conference resumed consideration of the motion before them respecting the mode of appointment of members of the Legislative Council.

And after debate,—

The question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was proposed by the Honourable Mr. John A. Macdonald:—

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.

And after debate,—

The question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

And the hour of two o’clock p.m. ensuing, the Chairman declared the Conference continued until half-past seven o’clock in the evening.

And at half-past seven o’clock in the evening the Chairman took the chair, when the members were convened.

It was moved by the Honourable Mr. Tupper:—

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.

It was moved in amendment by the Honourable Mr. McCully:—

That it shall be competent for each Province to provide in this Conference its own method for selecting the members of the Legislative Council at its first formation.

And after debate,—

The said amendment was by leave of the Conference withdrawn.

It was moved in amendment by the Honourable Mr. Coles:—

That the first nomination for the upper branch of the united Legislature shall be open to all duly qualified persons in each Province or Colony.

And at the hour of half-past eleven o’clock p.m., a motion for adjournment being carried, the Chairman declared the Conference continued until tomorrow.

Wednesday, 19th October 1864.

The Chairman took the chair at ten o’clock a.m., when the members were convened.

The Conference resumed consideration of the motion of the Honourable Mr. Tupper respecting the selection of members of the Legislative Council, and of the motion of the Honourable Mr. Coles in amendment thereto.

And after debate,—

And the question of concurrence being put on the amendment of the Honourable Mr. Coles, the Conference divided, and the names of the Provinces were taken down as follows:—

CONTENTS.
Prince Edward Island 1
1

NON-CONTENTS.
Canada 2
Nova Scotia 1
New Brunswick 1
Newfoundland 1
5

So it passed in the negative.

And the question of concurrence being put on the motion of the Honourable Mr. Tupper, the Conference divided, and the names of the Provinces were taken down as follows:—

CONTENTS.
Canada 2
Nova Scotia 1
New Brunswick 1
Newfoundland 1
5

NON-CONTENTS.
Prince Edward Island 1
1

So it passed in the affirmative.

It was moved by the Honourable Mr. Galt:—

That in the first instance, the members to be chosen for the Legislative Council of the United Provinces, excepting Prince Edward Island, shall be chosen by lot from the existing members of the Legislative Councils of the several Maritime Provinces, and of those sitting in Canada from Upper and Lower Canada respectively.

And after debate,—

And the question of concurrence being put thereon, the Conference divided, and the names of the Provinces were taken down; as follows:—

CONTENTS.
Canada 2
2

NON-CONTENTS.
Nova Scotia 1
New Brunswick 1
Newfoundland 1
3

Prince Edward Island did not vote.

So the motion passed in the negative.

It was moved by the Honourable Mr. Shea:—

That such first selection shall be made by the Local Government of each Province, so far as a sufficient number be found as aforesaid; and in case such sufficient number cannot be found, then the Local Government shall name for appointment other duly qualified parties to make up the deficiency; provided that the Government of Canada shall select for both sections of Canada, and that the Government of Prince Edward Island shall name for appointment the whole number of the Legislative Councillors allotted to it.

And after debate,—

The motion of the Honourable Mr. Shea was by leave of the Conference withdrawn.

It was moved by Mr. Archibald:—

That in the selection of members of the first Federal Legislative Council, each Province shall be governed by such rules now to be agreed upon as are considered by the Conference most suitable to the circumstances of the particular Provinces.

It was moved in amendment by the Honourable Mr. McCully:—

That the Legislative Council shall, in the first instance, be chosen in Canada by ballot, and in the other Provinces by the Executive Governments.

And after debate,—

The said motion of Mr. Archibald and the proposed amendment of the Honourable Mr. McCully were by leave of the Conference withdrawn.

It was moved by the Honourable Mr. McCully:—

That the members of the first Legislative Council in the Federal Legislature shall be appointed by the Crown at the recommendation of the Federal 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 be as nearly as possible fairly represented.

And after debate,—

And the question of concurrence being put on the motion of the Honourable Mr. McCully, the same was unanimously resolved in the affirmative.

The Honourable Peter Mitchell, a delegate from New Brunswick, rose and stated his regret that private business imperatively required him to leave the Conference and to return to New Brunswick, and he requested leave of absence accordingly. It was unanimously resolved,—

That leave of absence be granted to the Honourable Mr. Mitchell for the residue of the sittings of the Conference.

And the hour of two o’clock ensuing, the Chairman declared the Conference continued until half-past seven o’clock in the evening.

And at half-past seven o’clock the Chairman took the chair, when the members were convened.

It was moved by the Honourable Mr. Brown:—

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 200—distributed as follows:—

Upper Canada  89
Lower Canada  65
Nova Scotia 19
New Brunswick 15
Newfoundland 7
Prince Edward Island 5

That each section shall distribute its representatives in such electoral divisions as it deems best;

That until the official census of 1881 has been made up, there shall be no change in the numbers of the representatives from the several sections;

That immediately after the completion of the census of 1881, and immediately after every decennial census thereafter, the representation in each section shall be re-adjusted on the basis of population;

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.

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 to the extent of five percentum or over;

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;

That the number of members may at anytime be increased by the Federal Parliament—regard being had to the proportionate rights then existing.

And after debate,—

And the question of concurrence being put on the motion of the Honourable Mr. Brown, the Conference divided, and the names of the Provinces were taken down as follows:—

CONTENTS.
Canada 2
Nova Scotia 1
New Brunswick 1
Newfoundland 1
5

NON-CONTENTS.
Prince Edward Island 1
1

So it passed in the affirmative.

And the hour of ten o’clock p.m. ensuing, and a motion for adjournment being carried, the Chairman declared the Conference continued until tomorrow.

Thursday, 20th October 1864.

The Chairman took the chair at ten o’clock a.m., when the members were convened.

It was moved by the Honourable Mr. John A. Macdonald:—

That the Legislature of each Province shall divide such Province into the proper number of constituencies and define the boundaries of each of them.

And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald:—

That there shall be a session of the Legislative Council and Assembly 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 in one session and the first sitting of the Legislative Council and Assembly in the next session. And every Legislative Assembly 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.

And after debate,—

And the question of concurrence being put on the above motion, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald:—

That until provision shall otherwise be made by the Legislature of the Federated Provinces, all the laws which, at the date of the proclamation constituting 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 thereof, and the proceedings at elections, and 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 the issuing and execution of new writs in case of any seat being vacated otherwise than by a dissolution, shall respectively be applied to elections of members to serve in the Legislative Assembly of the Federated Provinces, for places situate in those Provinces respectively for which such laws were passed.

And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald:—

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.

And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald:—

That the Sovereign or representative of the Sovereign shall be Commander-in-Chief of the Land and Naval Military Forces.

And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. Brown:—

That in the Local Government there shall be but one Legislative Chamber.

And after debate,—

The said motion was by leave of the Conference withdrawn.

And the hour of two o’clock p.m. arriving, the Chairman declared the Conference continued until half-past seven o’clock p.m.

And at half-past seven o’clock p.m. the Chairman took the chair, when the members were convened.

It was moved by the Honourable Mr. McCully:—

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.

And the question of concurrence being put on the motion of the Honourable Mr. McCully, the same was unanimously resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald:—

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.

And after debate,—

And the question of concurrence being put on the motion of the Honourable Mr. Macdonald, the same was unanimously resolved in the affirmative.

And at ten o’clock p.m., a motion for adjournment being carried, the Chairman declared the Conference continued until tomorrow.

Friday, 21st October 1864.

The Chairman took the chair at ten o’clock a.m., when the members were convened.

It was moved by the Honourable Mr. John A. Macdonald:—

That it shall be competent for the General Legislature to make laws for the peace, welfare and good govern-ment of the Federated Provinces (saving the sovereignty of England), and especially laws respecting:—
1. Trade and commerce.
2. The imposition or regulation of duties of customs on imports and exports.
3. The imposition or regulation of excise duties.
4. All or any other modes or systems of taxation.
5. Currency and coinage.
6. The borrowing of money on the public credit.
7. Banking and the issue of paper money.
8. The law relating to bills of exchange and promissory notes.
9. The rate of interest.
10. Legal tender.
11. Weights and measures.
12. Postal service.
13. Bankruptcy and insolvent laws operating as a discharge of the debtor.
14. Beacons and lighthouses.
15. Ocean navigation and shipping.
16. Sea fisheries.
17. Patents of invention and discovery.
18. Copy Rights.
19. Telegraphic communication and the incorporation of telegraph companies.
20. Naturalization.
21. Marriage and divorce.
22. The taking of the census.
23. Militia—Military and naval service and defence.
24. Immigration.
25. Agriculture.
26. The criminal law (except the constitution of Courts of Criminal Jurisdiction).
27. Roads, bridges, 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 one Province.
28. All such works as shall, although lying wholly within any one Province, be specially declared by the Acts authorizing them to be for the general advantage.
29. 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 debt and public property.
32. And generally respecting all matters of a general character, not specially and exclusively reserved for the Local Governments and Legislatures.

And after debate,—

It was moved in amendment by the Honourable Mr. McCully:—

That item number 25, “Agriculture,” be struck out of the resolution before the Conference.

And the Conference divided upon the amendment of the Honourable Mr. McCully, and the names of the Provinces were taken down as follows:—

CONTENTS None

NON-CONTENTS.

Canada 2
Nova Scotia 1
New Brunswick 1
Newfoundland 1
Prince Edward Island 1
6

So it passed in the negative.

It was moved by the Honourable Mr. Tilley to strike from item number 27 the words “Roads and Bridges.” And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

And after further debate,—

And the adoption by the Honourable Mr. John A. Macdonald of certain amendments to his motion, the question of concurrence was put thereon, and the same was resolved in the affirmative as follows:—

That it shall be competent for the General Legislature to make laws for the peace, welfare and good govern-ment of the Federated Provinces (saving the sovereignty of England), and especially laws respecting,—
1. Trade and commerce.
2. The imposition or regulation of duties of Customs on imports and exports.
3. The imposition or regulation of excise duties.
4. All or any other modes or systems of taxation.
5. Currency and coinage.
6. The borrowing of money on the public credit.
7. Banking and the issue of paper money.
8. The law relating to bills of exchange and promissory notes.
9. Interest.
10. Legal tender.
11. Weights and measures.
12. Postal service.
13. Bankruptcy and insolvency.
14. Beacons, buoys and lighthouses.
15. Navigation and shipping.
16. Sea fisheries.
17. Patents of invention and discovery.
18. Copy Rights.
19. Telegraphic communication and the incorporation of telegraph companies.
20. Naturalization and aliens.
21. Marriage and divorce.
22. The census.
23. Militia—Military and naval service and defence.
24. Immigration.
25. Agriculture.
26. The Criminal Law (except the constitution of Courts of Criminal Jurisdiction).
27. Lines of steam-ships or other ships, railways and canals connecting any two or more of the Provinces to-gether.
28. Lines of steam-ships between the Federated Provinces and other countries.

And at the hour of half-past four o’clock p.m., a motion for adjournment being earned, the Chairman declared the Conference continued until tomorrow at twelve o’clock noon.

Saturday, 22nd October 1864.

The Chairman took the chair at twelve o’clock, when the members were convened.

It was moved by the Honourable Mr. Galt:—

1. That the Confederation shall be vested at the time of the union with all cash, bankers’ balances, and other cash securities of each Province.

2. That the Confederation shall be vested with the public works and property of each Province, to wit:—
Canals;
Public harbours;
Lighthouses;
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 for the use of the Local Legislatures;
Property transferred by the Imperial Government and known as ordnance property;
Armouries, drill sheds, military clothing and munitions of war; Lands set apart for public purposes.

3. The several Provinces shall remain each vested with all public property therein, except such as is hereinbe-fore vested in the Confederation, subject to the right of the Confederation to assume any lands or public prop-erty required for fortifications or the defence of the country.

4. The Confederation shall assume all the debts and liabilities of each Province.
The debt of Canada, not specially assumed by Upper and Lower Canada respectively, shall not exceed at the time of the union $62,500,000.
New Brunswick and Nova Scotia shall be at liberty to prosecute the works already authorized by their Legislatures within five years from this date; provided the total amount of their liabilities does not exceed for—
Nova Scotia $5,000,000
New Brunswick 7,000,000
Newfoundland and Prince Edward Island, not having incurred debts equal to those of the other Provinc-es, 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 un-ion, and the average amount of indebtedness per head of the population of Canada, Nova Scotia and New Brunswick.

5. In consideration of the transfer to the General Legislature of 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 cen-sus of 1861; Newfoundland being estimated at 130,000 inhabitants. Such aid to 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.

6. 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.

7. In consideration of the surrender to the Confederation of all the territorial rights of Newfoundland, it is agreed that an annual payment shall be made to that Province of $150,000.

8. All engagements that may be entered into by Canada with the Imperial Government for the defence of the country shall be assumed by the Confederation.

And after debate,—

And at the hour of five o’clock p.m., and a motion for adjournment being carried, the Chairman declared the Conference continued until Monday morning at ten o’clock.

Monday, 24th October 1864

The Chairman took the chair at ten o’clock a.m., when the members were convened.

It was moved by the Honourable Mr. Mowat:—

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

1. Agriculture.
2. Education.
3. Emigration.
4. The sale and management of public lands, excepting lands held for general purposes by the General Gov-ernment.
5. Property and civil rights, excepting those portions thereof assigned to the General Legislature.
6. Municipal institutions.
7. Inland fisheries.
8. The construction, maintenance and management of penitentiaries and of public and reformatory prisons.
9. The construction, maintenance and management of hospitals, charities and eleemosynary institutions.
10. All local works.
11. The administration of justice and the constitution, maintenance and organization of the courts, both of civil and criminal jurisdiction.
12. The establishment of local offices, and the appointment, payment and removal of local officers.
13. The power of direct taxation.
14. Borrowing money on the credit of the Province.
15. Shop, saloon, tavern and auctioneer licenses.
16. Private and local matters.

And after debate,—

And the hour of 2 o’clock p.m. ensuing, the Chairman declared the Conference continued until half-past seven p.m.

And at half-past seven o’clock p.m., the Chairman took the chair, when the members were convened.

It was moved by the Honourable Mr. Coles in amendment to the motion of the Honourable Mr. Mowat:—

That the Local Legislatures shall have power to make all laws not given by this Conference to the General Legislature expressly.

And the question of concurrence being put on the said amendment, the same was unanimously resolved in the negative.

It was moved by Mr. Archibald in amendment to the motion of the Honourable Mr. Mowat:—

That it is inexpedient to name in the constitution the subjects to be entrusted to the Local Legislatures.

And the question of concurrence being put thereon, the same was resolved in the negative.

And the question of concurrence being put on so much of the motion of the Honourable Mr. Mowat as is embraced between the initial word “That,” down to and including the word “agriculture,” the same was resolved in the affirmative.

And at the hour of eleven o’clock p.m., a motion for adjournment being carried, the Chairman declared the Conference continued until tomorrow.

Tuesday, 25th October 1864.

The Chairman took the chair at ten o’clock a.m., when the members were convened.

The Conference resumed debate on the motion of the Honourable Mr. Mowat, which was discussed clause by clause.

It was moved by the Honourable Mr. McGee.

That the following words be added to item 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.

Agreed to.

It was moved by Colonel Gray (Prince Edward Island):—

That item number 7 be amended to read “Sea coast and inland fisheries.”

Agreed to.

It was moved by Mr. Archibald that the following item be added to the motion of the Honourable Mr. Mowat:—

“17. The incorporation of private or local companies, except such as relate to matters assigned to the Federal Legislature.”

Agreed to.

And after further debate,—

And the adoption of certain verbal amendments, the question of concurrence being put on the motion of the Honourable Mr. Mowat (with the exception of item number 11, the consideration of which was postponed), the same was resolved in the affirmative as follows:—

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

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.
Immigration.
The sale and management of public lands, excepting lands belonging to the General Government.
Property and civil rights, excepting those portions thereof assigned to the General Legislature.
Municipal institutions.
Sea coast and inland fisheries.
The establishment, maintenance and management of penitentiaries and of public and reformatory prisons.
The construction, maintenance and management of hospitals, asylums, charities and eleemosynary institutions.
Local works.
The establishment and tenure of local offices, and the appointment and payment of local officers.
Direct taxation.
Borrowing money on the credit of the Province.
Shop, saloon, tavern and auctioneer licenses.
The incorporation of private or local companies, except such as relate to matters assigned to the Federal Legislature.
And generally all matters of a private or local nature.

It was moved by—

That 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.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald:—

That 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.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

And the hour of two o’clock p.m. ensuing, the Chairman declared the Conference continued until half-past seven o’clock in the evening;.

And at half-past seven o’clock p.m. the Chairman took the chair, when the members were convened.

It was moved by—

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 all subjects over which jurisdiction belongs to both the General and Local Governments, the laws of the Federal 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.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

It was moved by—

That 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.

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.

And after debate,—

It was resolved that further consideration of the same should be postponed.

It was moved by the Honourable Mr. Mowat that:—

1. It shall be competent for the General Legislature to pass laws respecting—

1. The Indians.
2. Ferries between any Province and a foreign country or between any two Provinces.
3. For the regulation and incorporation of fire and life insurance companies.
4. Respecting savings banks.

2. It shall also be competent for the General Legislature to pass—
Inspection laws, and
Laws relating to quarantine.
3. 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 be-tween Great Britain and such countries.
4. All Courts, Judges and Officers of the several Provinces shall aid, assist and obey the General Govern-ment in the exercise of its rights and powers under this, Act, and for such purposes shall be held to be Judge and Officers of the General Government.
5. The General Government may also, from time to time, establish additional Courts, and 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, rights and obligations of the General Government.
6. 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.
7. 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, during the session in which such vote, resolution, address or bill is passed.
8. Any bill of the General Legislature may be reserved in the usual manner for Her Majesty’s assent, and any bill of the Local Governments may in like manner be reserved for the consideration of the General Government.
9. 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 General Government within one year after the passing thereof.

And after debate,—

And the insertion of certain verbal amendments, the question of concurrence was put on the first seven items of the motion of the Honourable Mr. Mowat, and the same was resolved in the affirmative.

And after further debate,—

And the question of concurrence being put on the eighth and ninth items, the same was resolved in the affirmative.

It was moved, by the Honourable Mr. Mowat[7] that:—

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

And the question of concurrence being put thereon, it was resolved that further consideration of the same should be postponed.

Attention was called to the minutes of the 13th October instant, by which it appeared that Nova Scotia and Prince Edward Island had voted against the motion:—

That in framing the 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.

It was moved by—

That with the view of explaining the vote of Nova Scotia and Prince Edward Island in the negative on that resolution, the amendment proposed on that occasion be entered on the minutes as being expressive of the views of Nova Scotia and Prince Edward Island on the subject, and which led to their vote in the negative on the main motion, and which amendment is as follows:—

That while it is the avowed desire of this Conference to perpetuate the connection with the parent state by every mean in our power, it is not judicious to fetter our actions by the passage of a resolution of a simple declaratory character, and which may embarrass our action in the selection of the best means of providing for the general and local Government of the country.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

And at the hour of twelve o’clock midnight, a motion for adjournment being carried, the Chairman declared the Conference continued until tomorrow morning at eleven o’clock.

Wednesday, 26th October 1864.

The Chairman took the chair at twelve o’clock noon, when the members were convened.

It was moved by the Honourable Mr. John A. Macdonald:—

That the Judges of the 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.

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

And the question of concurrence being put on the motion of the Honourable Mr. Macdonald, the same was resolved in the affirmative.

It was moved by—

That 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 ail or any of the Courts in these Provinces; but not to go into operation in any Province until sanctioned by the Legislature thereof.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

It was moved by—

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 in Toronto; of Lower Canada, Quebec; and the seats of the Local Governments in the other Provinces shall be as at present.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

It was moved by the Honourable Mr. John A. Macdonald;—

That the seat of the Government of the Confederated Provinces shall be Ottawa, subject to the royal prerogative.

And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

It was moved by—

That no lands or property belonging to the General or Local Governments shall be liable to taxation.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

It was moved by the Honourable Mr. Galt: —

That in the General Legislature and in its proceedings, the English and French languages may be both especially employed. And also in the Local Legislature of Lower Canada and in the Federal and Local Courts of Lower Canada.

That the Lieutenant-Governor of each Province shall be paid by the General Legislature.

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.

And the question of concurrence being put thereon, the same was unanimously resolved in the affirmative.

The Conference then discussed the financial resolutions moved by Mr. Galt on the 22nd instant.

And after further debate,—

And the adoption of certain amendments, the question of concurrence was put upon numbers four, five and six, and the same was resolved in the affirmative as follows:—

The Conference shall assume all the debts and liabilities of each Province.

The debt 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

But it is 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 the Union less than 88,000,000 and 87,000,000 respectively, they shall then be entitled to benefit by the interest at five 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.

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.

In consideration of the transfer to the General Legislature of the powers of taxation, a grant in aid of each Province shall be made, equal to an amount of eighty cents per head of the population as established by the census of 1861; Newfoundland being estimated at 130,000 inhabitants. Such aid to 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.

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.

And item number seven having been amended to read as follows:—

That 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.

And the question of concurrence being put thereon, the Conference divided, and the names of the Provinces were taken down as follows:—

CONTENTS.
Canada 2
Nova Scotia 1
New Brunswick 1
Newfoundland 1
5

NON-CONTENTS.
Prince Edward Island 1
1

So it passed in the affirmative.

And the question of concurrence being proposed on item number eight, the same was resolved in the affirmative as follows:—

8. That all engagements that may be entered into with the Imperial Government for the defence of the country shall be assumed by the Confederation.

The Chairman laid the following letter before the Conference:—

To THE HONOURABLE SIR E. P. TACHÉ, &, &, &,

Chairman Intercolonial Conference.

SIR,—The undersigned desire respectfully to learn whether the Conference will instruct its secretary to furnish them for publication with a synopsis of the scheme of Confederation which may result from its deliberations.

The previous objection to furnish information which must have been necessarily incomplete does not appear to apply, after the general plan has been agreed upon, and the undersigned, on that account, feel justified in renewing their application for an official statement of the proceedings of the Conference. They trust the Conference will not deem this renewed application importunate when the natural anxiety of the public to learn the result of its deliberations is considered, especially as an intelligent public opinion can only be formed upon a thoroughly reliable statement of the facts.

And they have the honour to remain, Sir,
Your very obedient humble servants,
CHARLES LINDSEY,
for Leader.
B. CHAMBERLIN,
for Montreal Gazette

The following answer was read and ordered to be sent:—

CONFERENCE CHAMBER,
Parliament House,
Quebec, 26th Oct., 1864

GENTLEMEN,—I am desired by Sir Etienne Taché to acknowledge your note, requesting that you may be furnished, for publication, with a synopsis of the scheme of Confederation which may result from the deliberations of the Conference.

I am, in reply, to state that the members of the Conference are of opinion that the reasons given in my former communication as those which induced them to decline your request in respect to ensuring publicity of their proceedings are still applicable; and that they cannot yet feel themselves justified in giving authorized publication to the results of their deliberations.

I have the honour to be, gentlemen,
Your obedient servant,
For the Secretaries of the Conference,
H. BERNARD,
Executive Secretary.
CHARLES LINDSEY and B. CHAMBERLIN, Esquires.

(The rest is wanting).[8]

Thursday Afternoon, 27th October 1864.

It was moved by—

And resolved:—

That all communications from the several Provinces on the subject of the Confederation be addressed to Sir E. P. Taché, the Premier of the Canadian Government, who shall be the medium of communication between them.

It was moved by the Honourable Mr. Galt:—

That the communications with the North-Western Territory and the improvement 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 should be prosecuted at the earliest possible period, when the state of the federal finances will permit the Legislature to do so.

And the question of concurrence being put thereon, the same was resolved in the affirmative.

(The rest is wanting).[9]

Saturday, 29th October 1864.

ST. LAWRENCE HALL, Montreal, 12 o’clock noon.

It was moved by the Honourable Mr. Tupper:—

That, in the absence of Sir E. P. Taché, the Honourable Mr. Cartier do take the chair.

Carried, and Mr. Cartier took the chair.

The following heading of the report was carried:—

Report of resolutions adopted at a conference of delegates from the Provinces of Canada, Nova Scotia and New Brunswick and the Colonies of Newfoundland and Prince Edward Island, held at the City of Quebec, as the basis of a proposed confederation of those Provinces.

(The rest is wanting).[10]

[1] All save Mr. Carter, absent through indisposition, and Mr. Whelan. [Pope]

[2]  All save Colonel Gray, of Prince Edward Island, absent through indisposition. [Pope]

[3] All save Colonel Gray, of Prince Edward Island, absent through indisposition. [Pope]

[4] After this date the names of the seconders are not given. [Pope]

[5] All save Messrs. McGee, Palmer and Henry. [Pope]

[6] All save Messrs. Campbell, McGee, Pope and Henry. [Pope]

[7] It is not quite certain from the papers that this resolution was moved by Mr. Mowat. [Pope]

[8] We believe this is Pope’s commentary, not Bernard’s.

[9] This may also be Pope’s commentary.

[10] This may also be Pope’s commentary.